We are developing the social individualist meta-context for the future. From the very serious to the extremely frivolous... lets see what is on the mind of the Samizdata people.

Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]

Now securocrats tell you how to build a house

I have frequently noted here the obsessive fortification of the state during the last decade: how all public buildings in Britain have steadily become the opposite – closed-off, accessible only through guardrooms, by special permission.

A fascinating and frightening piece by Anna Minton in the FT Locked in the security cycle describes something I did not know. Though I had noticed a more general neurotic security obsession in new developments, I thought this was merely a matter of insurance and corporate cowardice. Some of it may be. But some of it is official coercion. Minton explains:

High security is now a prerequisite of planning permission for all new development, through a government-backed policy called Secured by Design. […]

Secured by Design is administered under the auspices of the Association of Chief Police Officers and backed by the security industry, with the initiative funded by the 480 security companies that sell products meeting Secured by Design standards. It is also supported by the insurance industry, with lower premiums for the increasing levels of security offered by Secured by Design standards.

Beware the security-industrial complex!

Note this is enforced by state power: since the all-nationalising Attlee government of 1945-51 planning permission controls all building in Britain. It is a panopticon of the built environment, covering all significant building or alteration of building: nothing is legally done privately; nothing is legally done without prior official approval. So “a prerequisite of planning permission”, means developers comply or they don’t build. But the standards to be applied by planning officers are controlled by a ACPO – a closed professional body for senior police and civilian policing officials – and far from correcting the producer interest, as choice might, deliberately incorporate it as a driving factor.

What will we get – what are we getting – all around us? An architecture calculated to reproduce the assumptions of those in security positions and industries of what’s a good place for people to live, trade or work, for children to play or be educated. Those are assumptions about order, ‘appropriate’ persons and behaviour, the need for oversight, the nature of – and constant presence of – threat. Hence the suspicious building syndrome: you will be increasingly screened to permit entry, and watched, controlled inside the perimeter. Hard, plan-defined boundaries, rather than freely negotiated common use of space.

But look! Lots of jobs for guards and electrical maintenance crews. Compliance by large builders will make their lives easier and competition more difficult. ACPO members will find valuable consulting work. Politicians can say we live in a society with “world class” security. The execution of policy will be deemed its success. Everybody (who matters) wins. Positive feedback.

But not the only feedback loop. The authorities are not interested in contrary evidence. Public bodies and quangos are skjlled at commissioning proleptic studies, and the institution of ‘public consultation’ is highly developed as an art of obtaining affirmation for policy, but even so, there are clear signs that that official security obsession creates psychological insecurity in the populace. Minton again:

Although crime has been falling steadily in Britain since 1995, fear of crime is soaring and 80 per cent of the population mistakenly believes crime is rising. Fear of crime does not correlate with actual crime but with trust between people, which is being eroded by high-security environments. […]

One of the key drivers for this project [Minton’s forthcoming NEF-published report] is the dearth of evidence that Secured by Design and high security prevent fear of crime and create strong, stable communities. Of the few existing studies, an investigation into CCTV by the Scottish Office found that while people often believed CCTV would make them feel safer the opposite was true, with both crime and fear of crime rising in the area investigated. The author concluded this was because the introduction of CCTV had undermined people’s personal and collective responsibility for safety. Research has also found an “unintended consequence” of extra security can be that “symbols of security can remind us of our insecurities”

[my emphasis]

I would add: they also remind us of something else. The pressure for all this comes from regulatory culture. As with the fortification of the state, it reveals and propagates the intense fearfulness in authority itself. Authority is frightened of the unsupervised individual, and thinks we should be too. To recycle a phrase, they hate our freedom. The possibility that life may be lived harmlessly in divers ways is just as much anathema to a secular bureaucrat as a religious totalitarian. If rules and fear are not everywhere, we might not accept that the people who make up rules always know best.

Azhar Ahmed – and I – and every British citizen – should all have the right to say offensive things

Azhar Ahmed has not been sent to prison for expressing his offensive opinions on Facebook, but he has been sentenced to 240 hours community service and fined £300.

I protest.

Azhar Ahmed’s “crime” was saying on Facebook that he hoped that soldiers fighting for Britain in Afghanistan would “burn in hell”.

This was clearly not an incitement to violence. Azhar Ahmed was merely expressing the wish that Allah should inflict violence. Azhar Ahmed is not himself planning to burn anybody in hell, nor is he inciting any other particular individuals to burn anybody in hell.

I think this is a perfect opportunity for all those of us who believe in the right of individuals to say offensive things to protest vehemently on Azhar Ahmed’s behalf, and to tell him and anyone else listening that he should not have been legally punished in any way for what he merely said. There is an important principle at stake here, and this is a truly excellent moment for many, many people who agree about this principle to say so.

It is also a perfect opportunity for us all to say other offensive things that we each happen to believe in, thereby doing the old “I’m Spartacus” trick. In that spirit, let me now say some other offensive things that I happen to believe in, and which I also believe to be pertinent to this argument.

I hate Islam. Not just “Islamic extremism”. Islam. I agreed with Osama Bin Laden about very little, but I did and I do agree with him about what Islam says and what it demands of its followers. That’s all part of why I hate it. I think that if you are a Muslim, then simply by saying that you are a Muslim, even if you never do anything else evil at all, you encourage evil-doing by others. You should stop being a Muslim. Your only morally reasonable excuse for remaining a Muslim is that you are scared of all the grief you will suffer from Muslims of your acquaintance, and from Muslims generally, if you do stop being a Muslim. None of my best friends are Muslims.

So, those being my opinions about Islam, and now that I have said them, again, on a blog, should I also be sentenced to 240 hours of community service?

If not, this hardly seems fair to Azhar Ahmed.

What I have just said will surely offend most Muslims (though probably not all) who read it. Tough. Muslims have (by which I mean should have) no right not to be be offended. And nor do all those British citizens who are offended by what Azhar Ahmed said on Facebook. Tough. Live with it. We don’t all agree about things. Many non-Muslim British people consider Islam harmless, even entirely good. I am offended by what I consider to be the stupidity of such head-in-the-sand opinions. And I continue with my life. I also have no right not to be offended.

The correct way for people with my opinions about the whys and hows of reducing the influence of Islam in the world, and of persuading people to abandon it, is for us to say – to argue – that Islam should be reduced in influence in the world and that people should abandon it. The correct tactic is not for us to agitate to make the expression of Muslim opinions illegal. Violence should only be used against Muslims when those particular Muslims have done something that is – and should be – legally wrong. (Done something like: physically attacking someone who has stopped being a Muslim.)

Azhar Ahmed should not be legally punished for what he has merely said. Muslims in Britain should be legally punished only for what they do, for what they do that is and ought to be illegal, not for what they think or what they say, no matter how offensive.

Perhaps Azhar Ahmed has, in the opinion of some British people in authority, done actual wicked things, illegal things, things that are illegal and which ought to be illegal. Perhaps this is why they are going after him. If so, let them present the evidence that Azhar Ahmed has actually done these bad things. Meanwhile, let Azhar Ahmed say whatever he wants.

(My thanks to Bishop Hill for pointing me towards the Padraig Reidy piece in the Telegraph. There always was more to the Bishop than just the climate.)

LATER: Here is a somewhat more detailed description of the trial. Azhar Ahmed is reported in this as saying that soldiers should “die and go to hell”. That’s slightly closer to incitement, but only closer. Not close.

All part of how depressing this trial was is that Azhar Ahmed was reduced to claiming that what he said was not that offensive, when it clearly was very offensive indeed to many people. He ought to have been able to just say: “Offensive? So what? There’s no law against it.” Sadly, it would appear that there is.

Samizdata quote of the day

Presumably Matthew Woods learned a powerful lesson about the potential consequences of tasteless humour when a 50-strong mob turned up at his house and the police had to arrest him for his own safety. Jailing him on top of that is insane. Sick jokes can upset and offend. Hurriedly formed vigilante mobs can kill. If the state earnestly believes that the former pose a greater threat to social order than the latter, the state is nuts.

– Charlie Brooker, quoted here, on the latest person in Britain (last time I checked) to be sent to prison for a Facebook posting. Sometimes we end up on the same side of the barricade as the Guardian in-crowd.

Consumer protection without government regulation

Anand, I’d like to thank you on behalf of pretty much every single person on the planet. You’re doing an amazing job with making companies actually care about their customers and do what is right.

Thank you so much, and keep up the amazing work.

This comment was left on the Anandtech review of a solid state data storage device. Anandtech is something of a force in the tech world. It reviews computer components, developing ways of testing and comparing them. It describes in detail how they work and how this affects what they can and can not do, and how relatively well they do this or that thing. Because so much detail is provided, and because Anandtech listens to its commenters and makes corrections when errors are noticed, I find it is usually sufficient for my needs to skip to the end of a 10,000 word review, knowing that I can trust the summary.

The quote above is in response to the description of an email conversation between the site’s founder, Anand Shimpi, and top executives at the company producing the solid state drives. The essence of the discussion is that Anand has found that use of internal components from different manufacturers affects the performance of the drive. Customers can not tell what they are getting just by looking at the outside of the product, so he would like the company to label their products accordingly so that customers can decide which ones to buy.

Anandtech is such a force in the tech world that the company immediately agreed.

Imagine that. Improved product labelling without any government regulation required.

Update: title changed as suggested by Brian in the comments.

Up for sale

Whenever someone says that “things were better/worse in my day, or back in the year Zog”, it is always good to ask for specifics. And over at the Volokh Conspiracy blog, which focuses on legal issues, they ask this:

“….–can you think of other things (along the lines of marriage and indentured servitude) where things used to be for sale (expressly or implicitly) and today they are not?”

Some of the comments are hilarious. One guy points out that you cannot pay to watch dwarf tossing any more, at least not legally. I guess not.

The Prince of Darkness complains about “uncorroborated, undigested and unmediated news”

I was tempted to make this, by Peter Mandelson, today’s SQotD, but I might be misunderstood as agreeing with it. As it is, of course, I share the glee that Guido (to whom thanks) feels about it.

Mandelson:

The bigger question is how the domestic media market can be made economic and subject to any form of regulation in an era when, a click away, there is access to information that respects no national boundaries and the laws of no single national parliament or the basic standards of conventional journalism. It is hard to see how some of the best-known sources of quality English-language journalism – the Times, New York Times, the Guardian spring to mind – will ever make money again. We come to grips with the fact that the internet is giving public access to uncorroborated, undigested and unmediated news, all in the name of free speech, is becoming one of the defining issues of the 21st century.

Indeed it is.

And I love the idea of “information that respects no national boundaries”. In the old days information used to be far more respectful.

The world has become a pretty grim place of late. This Mandy moan cheered me up no end.

Thoughts on extradition and its limits

“Perhaps the most annoying thing about Julian Assange (yes, I know it’s a long list) is that he is in danger of giving the European Arrest Warrant (EAW) a good name. Maybe my memory is failing, but I don’t recall any of his supporters being critical of the EU’s fast-track extradition system when it was being debated 10 years ago.”

Philip Johnston, in today’s Daily Telegraph. It is an interesting point to make. Leaving aside Assange for a minute (there’s no need to hurry), the power of extradition creates an interesting point for those concerned about liberty and the importance of due process of law. Some extradition agreements between states might be acceptable if, for example, an offence for which a person is to be extradited to country B from A is recognised as a criminal offence in both nations. However, with the EU Arrest Warrant, you can be extradited into a country from another where the offence in question is not recognised in the place where the person happens to be staying at a particular point in time.

As we have seen with recent controversy about the UK’s extradition agreement with the United States, a person can be moved to the US – and vice versa – without a prima facie establishment of guilt having to be shown in the country where the person is being transferred from. Given the plea-bargaining lottery that the US adopts in certain cases, for example, this seems to involve serious abuse of due process.

These points need to be aired because, amid all the other issues kicked up by the Assange affair (the alleged sex crimes, the activities of Wikileaks, potential damage to military forces in the field, etc) the specifics of extradition principles can be obscured. Unlike some more isolationist types, I don’t have a problem with treaties between states to shift suspected criminals around to see that justice is done, provided there is a reciprocal recognition of the rules of procedure. For instance, there is simply no way that a country such as the UK should have such an arrangement with a state enforcing shariah law, say, or with a country such as Russia, which is a police state, or for that matter, Ecuador.

Twitter joke not menacing after all

The conviction of Paul Chambers for making an obvious joke on Twitter about blowing an airport sky high has been quashed in the High Court.

So someone in the justice system has a brain cell to call his own. Pity the case had to get as far as the Lord Chief Justice, the aptly named Lord Judge in the job he was born for, before that person was found.

Tell you what is “clearly menacing”, though, if the future of liberty in this country means anything to you at all. The airport security manager who finked on Chambers to the police, the police who arrested him, the Crown Prosecution Service lawyers who prosecuted him, the magistrate who first convicted him, and Judge Jacqueline Davis who refused his initial appeal all still have their heads attached to their necks.

I jest.

Probably.

Samizdata quote of the day

Even “knobhead” makes six appearances.

– Matt Scott, reporting on the judgment in the John Terry racism trial for the Telegraph. This trial holds the distinction of making everyone involved, from the accused, to the accuser, to the sport’s governing body, up to the politicians who came up with the law, look very stupid indeed.

What markets look like

In a Twitter discussion my interlocutor suggested that mobile phone companies were behaving like a cartel when it came to data roaming charges. I am not sure about that but in any case such arrangements are less stable in a free market than otherwise, because barriers to new entrants would be lower.

Yes, said my interlocutor, look how well a free market works for Barclays, Enron and privatised rail companies.

If that is what people think free markets look like then no wonder we are having a hard time winning arguments. It is not just a semantic problem where capitalism has been incorrectly defined, though that is part of it. People really believe that rail companies are free to do what they please, and so are banks. There is some doublethink going on because the same people will talk about the failure of regulators.

It might be useful to point to examples of truly free markets. This is quite difficult as almost everything is subject to some regulatory interference. I like to think that we are not starving mainly because of free markets in food production and distribution, but there are all sorts of EU food subsidies and it can be argued that large supermarket companies have an advantage when it comes to planning permission.

I can think of examples from industries that I am familiar with. Consumer electronics are, as far as I can tell, almost completely free from regulation except for some safety and, lately, power consumption requirements. The rapid advances that have resulted are plain to see. The same is true of the semiconductor industry. Intel, AMD, Qualcomm and Nvidia are achieving ever more performance and making ever smaller transistors, and governments have very little to say about it, thankfully.

I can also think of services like web hosting and cloud computing which have very low barriers to entry and the result is a vast choice of very low cost products for consumers. All this is very nice because we can point to the freedom and the competition and the lack of monopolies, cartels and other unpleasantness, and all the wondrous things that have resulted and would not result if bureaucrats were present to make sure everyone behaved themselves.

There has to more that is free than the tech industry, though. What am I missing?

Curfew in Bangor

North Wales Police have issued a (probably illegal) “dispersal order” banning unaccompanied teenagers from Bangor in the evenings. They say it is not a blanket ban. The words of the order say it is.

Ellie May O’Hagan opposes it because it makes teenagers feel bad, and because it would have made her feel bad when she was a teenager:

For the 13-year-old me, a curfew would have meant more isolation, more casting adrift, a stronger sense that the town in which I lived didn’t really care about my place in it. I might have felt frustrated that a lack of youth services forced me on to the street, and then that my presence there automatically made me deviant. Then I might have decided not to care about a city that didn’t care about me.

Keith Towler, the Children’s Commissioner for Wales opposes it because it makes people have bad feelings towards teenagers:

“It demonises under 16s, isolates them from their communities, alienates them from police and spreads the misconception all young people are troublemakers.”

There is talk of the Equalities and Human Rights Commission opposing it because it is discrimination. At least they won’t have far to toddle. The EHRC has an office in Bangor.

I am glad all these worthies and unworthies oppose the curfew. It needs opposing. But it saddens me that nobody opposes it on the grounds of how dare they. How dare they stop people who have committed no crime from walking or standing in the public street? In the case of a shopping centre or a nightclub I vehemently support the right of the proprietors to exclude whomsoever they wish. I also support, if more cautiously, the right of small areas to set local rules and covenants as to whether alcohol is permitted, rules about noise and similar constraints. But North Wales Police have exactly as much a right to expel teenagers from a public space as North Wales teenagers have a right to expel the police.

A good day for limited government

There is a lot of conflicting opinion being fired at the US Supreme Court’s ruling(PDF) on “Obamacare”. It is certainly a curious ruling both on first and subsequent reads. I think the opinions in the decision make a great deal of, perhaps complete, sense when viewed in the terms of ‘doing a Marbury v Madison‘. That was a decision written by Chief Justice Marshall in 1803. From that decision, Marshall is regarded as the founder of the Supreme Court and the Judicial branch as it came to be understood and accepted in the balance of powers.

In this article, I am not addressing the merits of the Affordable Care Act, I am speaking to the Constitutional elements at work in the decision.

Roberts declares his view of judicial legislating in one succinct sentence. “It is not our job to protect the people from the consequences of their political choices.” Notice he said “political” choices. If something can be allowable under the Constitution, then a restrained Court goes out of its way to accommodate it to the Constitution. If something is Constitutionally permissible, then whether or not to do it is entirely within the sphere of politics, not Constitutional law. We will never find perfect masters and expecting the Supreme Court to attempt that role is contrary to limited government. Roberts appears to be channeling Mencken with this declaration. → Continue reading: A good day for limited government