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]

The commoners go off script

MARULLUS:

Be gone!
Run to your houses, fall upon your knees,
Pray to the gods to intermit the plague
That needs must light on this ingratitude.

FLAVIUS:

Go, go, good countrymen, and for this fault
Assemble all the poor men of your sort,
Draw them to Tiber banks, and weep your tears
Into the channel, till the lowest stream
Do kiss the most exalted shores of all.

All the Commoners exit.

See whe’er their basest mettle be not moved.
They vanish tongue-tied in their guiltiness.
Go you down that way towards the Capitol.
This way will I. Disrobe the images
If you do find them decked with ceremonies.

The tribunes Marullus and Flavius confidently sent the rude mechanicals off with their tails between their legs in Act I Scene I of Julius Caesar. Their modern successors, lacking the power to have people sewn into a sack and thrown in the Tiber, are finding it a little more troublesome to bring about a suitable attitude of repentance in the populace.

“The Brexit Question Time’s audience backs up what our survey found: no regrets” is the slightly exaggerated headline of an article in the Guardian by Professor Anand Menon and Sophie Stowers of the academic think tank “UK in a Changing Europe”.

A majority of leavers feel they had all the information they needed to make a decision in 2016. And a plurality think that they had sufficient information from both sides of the referendum campaign to make an informed decision. What they resent is the fact that political leaders have not capitalised on the sovereignty for which they voted; 39% of them think politicians have not even tried to make Brexit work.

Yet while they are frustrated, leavers did not expect instant results. A quarter of them think not enough time has passed to judge whether Brexit has gone well or badly; 61% think Brexit will turn out well or very well in the future. There was a sense among those in the audience last night that they did not expect to wake up on 24 June 2016 in a whole different Britain. Rather, Brexit is an ongoing process that, while politicians have messed it up to date, still holds the promise of greater successes to come.

So, it should come as no surprise that many – including most of those in Clacton last night – still back the decision they made in 2016. In our survey, 72% of 2016 leave voters, knowing what they do now, would still vote as they did.

The real test is tiddlywinks

When you lose the big match, try to get the result declared void and run the match again. If you can’t get a rematch, try another game entirely and say that’s the one that matters.

“Citizens’ juries can help fix democracy”, writes Martin Wolf in the Financial Times.

Elections are necessary. But unbridled majoritarianism is a disaster. A successful liberal democracy requires constraining institutions: independent oversight over elections, an independent judiciary and an independent bureaucracy. But are they enough? No.

Thus far, I agree with him. For a moment I thought he was going to defend the rights of individuals against the tyranny of the majority. At one point in his life he would have done.

In my book, The Crisis of Democratic Capitalism, I follow the Australian economist Nicholas Gruen in arguing for the addition of citizens’ assemblies or citizens’ juries. These would insert an important element of ancient Greek democracy into the parliamentary tradition.

There are two arguments for introducing sortition (lottery) into the political process. First, these assemblies would be more representative than professional politicians can ever be.

If your aim is to bypass professional politicians and improve representation, there is a better way than that to do it. With this method you don’t have to worry about how well or badly your representatives represent the population in terms of age, class, sex, race and so on. You can have perfect representation by cutting out the middleman and asking the voters themselves. It’s called a referendum. We have had several. The only slight caveat is that people expect the government to abide by them.

Second, it would temper the impact of political campaigning, nowadays made more distorting by the arts of advertising and the algorithms of social media.

A modest way to do this is to introduce citizens’ juries to advise on contentious issues. These juries would be time-limited, compensated for their time and be advised by experts.

Experts chosen by you.

One of the best examples was on the vexed topic of abortion in Ireland. A deliberative assembly of 100 people, made up of one appointed chair and 99 ordinary people chosen by lot, was established in 2016. It advised the Irish parliament on abortion (coming out in favour of “repeal and replace” of the ban then in force), and on the question to be put to the people in a referendum.

There are other difficult issues that might be (or might have been) handled in such a way: carbon taxation; nuclear power; and immigration. In these cases, a citizens’ jury would be empanelled to listen to witnesses and discuss the issues in depth. There is evidence that such a citizens’ jury would have come to a different decision on Brexit

Who could have seen that coming?

than in the referendum, since Leavers will change their minds in response to the evidence.

Evidence supplied by you.

This fad for citizen’s juries started six years, eleven months and ten days ago and will last as long as they can avoid convening one to give its verdict on what to do with illegal immigrants. With astute management, that might be years. We might be able to celebrate the triumph of the shiny new Citizen’s Juries and the abolition of the nasty, bigoted old sort of jury simultaneously.

Nigel Lawson, RIP

I am saddened to read that Nigel Lawson, former UK Chancellor of the Exchequer, and an articulate advocate of the UK’s departure from the EU (and also a rigorous debunker of global warming catastrophism), has died at the grand age of 91. My condolences to his family and friends.

It is ironic that he fell out with Mrs Thatcher in the late 80s over the issue of the UK joining the Exchange Rate Mechanism in Europe. He was opposed to the euro, but saw ERM entry as a necessary way for the UK to try and control inflation. In that sense he was a fixed-exchange rate man, and in the 19th century he’d have been a Gold Standard defender, I suspect. In the end, he was at one with Mrs T. on the dangers of a centralising Europe. And of course, in his time at 11 Downing Street, he cut top rates of tax and simplified the system dramatically. Alas, his successors haven’t continued that trend. Lawson was also the intellectual driving force behind privatisation of state-owned businesses, and while arguably not enough was done to promote competition, the overall benefit in my view was considerable.

His speech explaining why the UK had to leave the EU remains, in my mind, one of the most brilliant and succinct explanations for why this was the right course. He focused, rightly, on the issues of democratic accountability and freedom.

Right to the very end, his mind was as sharp as those of all too many in power are blunt.

That EU “chat control” thing is still out there

Remember EU “chat control”? It’s growing, putting out roots.

The author of this Twitter thread, Matthew D Green, teaches practical cryptography at the Johns Hopkins Information Security Institute. You should read the whole thread, but I will single out this point as particularly scary:

Green is replying to someone with the user name f00b4r who offers as reassurance the statement that nothing will be done without a “detection order” issued by a competent authority. I have no doubt the paperwork will be in order, but that does not reassure me. Likewise, the idea that “that service providers are not liable for the content if they comply” is phrased by f00b4r as if it softens the threat, but so far as I can see it is the threat: comply or be made bankrupt.

Perhaps we had all better trust in the fact that the United Kingdom has left the European Union so none of this cannot possibly affect us. I’m sure we’ll be fine.

EU “chat control”

Let me start by saying that I am no techie and I do not understand exactly what the EU are proposing with this law. Perhaps I am getting steamed up about nothing. But it sounds horrible. I first read about this topic via a link from Reddit Europe to a post from the blog of a Swedish VPN service called Mullvad. The original Swedish version first appeared as an article in the Swedish newspaper Svenska Dagbladet. The English version follows: “Stop the proposal on mass surveillance of the EU”

The European Commission is currently in the process of enacting a law called Chat control. If the law goes into effect, it will mean that all EU citizens’ communications will be monitored and listened to.

This text was originally published as a debate article in the Swedish newspaper Svenska Dagbladet and it calls on Swedish politicians to vote against the law proposal. In order for the law to not become reality, more countries need to vote against it. Therefore, we encourage journalists and citizens in all EU countries to question their governments and urge them to vote no.

Right now, the EU Commission is intensely working on a legislative proposal that would monitor and audit the communication of all European Union citizens. The regulation is called Chat Control, and it really does include all types of communication. This means that all of your phone calls, video calls, text messages, every single line that you write in all kinds of messaging apps (including encrypted services), your e-mails — yes, all of this — can be filtered out in real time and flagged for a more in-depth review. This also applies to images and videos saved in cloud services. Basically, everything you do with your smartphone. In other words, your personal life will be fully exposed to government scrutiny. So, why is it that almost no one is talking about this?

The previous day the same Mullvad blog had warned that an unintended consequence of the bill might have been to ban all open source operating systems, although an update says that “Open source OSes might be saved from being covered depending on the interpretation of EU regulation 2019/1150 2.2.c.” Well, that certainly puts my mind at rest.

So, when does the Brexit dividend arrive then?

This is a slightly altered version of a comment I left on a Brexit page on Facebook as prompted by this article about IMF forecasts and related issues at Reuters:

The most ardent Brexit supporters have to take this sort of analysis on board because it is relentless in much of the media, and not without reason. Some of those who backed exit from the EU for freedom reasons wanted the liberalising impact of less red tape, a reduction in the burden of the State, and a more intelligent government approach to areas where the State inevitably gets involved, including R&D spending, infrastructure, education, etc. Nearly all of the drivers of long-term wealth creation are home-grown, and cannot be blamed on the EU, or attributed to it. Long before we even thought of a referendum, the UK’s productivity and investment levels were poor, from 2009 to 2019, by past and contemporary standards. (The referendum was held in 2016 and we only actually left four years later.)

The petulance of the EU in trying to harm the UK for the sin of leaving was probably inevitable and forseeable, and there is a need for whoever is in Westminster and Whitehall to slash the burdens on business and the individual to balance this out, as well as hammer out genuinely good FTAs with countries that broadly share our values and market systems. A mutual recognition of standards approach to the EU, when it comes to EU-destined exports to the bloc, should be possible in time although it may take a while for the EU to avoid the “cutting off the nose to spite the face” stance of the past few years. The UK remains an important trade partner, given our net importation of manufactured goods from the continent.

British political tweeting

Y’know, for a minute I hesitated to post this when I am feeling such sadness over Niall’s death. Then I thought, don’t be daft, woman, he’d have enjoyed it. In particular, as a lover of Scottish, English and British history and the complicated interactions between the three categories, he would have liked Gawain Towler’s comment to Lawrence Whittaker’s tweet: “Enough time to get married I guess.”

Samizdata quote of the day – €uro-corruption edition

In this sense, the problem of EU corruption, rather than being a bug in the system, should be seen as an inherent consequence of the supranationalisation of politics. Making the EU “more democratic” won’t change the fact that the lack of a European demos represents an insurmountable obstacle to the creation of a European democracy, even if Brussels was interested in going in that direction (which it isn’t). The number of corrupt officials involved in the amateurish Qatargate scandal is of little importance; for the EU, it is already too late.

Thomas Fazi

The EU stands up for financial privacy (yes, really)

For once (yes, it happens) the legal authorities of the EU are in the right, in my view, and their critics are wrong, contrary to what Henry Williams, author of this article in CapX, says.

A top EU court has ruled that creating public registers of beneficial ownership, so that everyone can just find out who owns what, is a dangerous loss of privacy. In my view, if people are concerned that X or Y is an owner of a company or trust and that is somehow nefarious, they should get clearance first from a court or suitable legal authority and show some reason for the desire to obtain that data. It is not, in my view, acceptable to put everyone’s beneficial ownership details in the public domain so that journalists and others, many of whom seem to have it in for anyone whom they deem rich, can put this information into the public domain. For instance, public registers means that people can simply go on “fishing expeditions” and dump all kinds of financial data into the public domain, and damn the consequences. Sure, if politicians and the like have questionable financial affairs, some on the libertarian side will think they are fair game, but those whose only “crime” is to be rich or successful will get caught in the crossfire.

There are also risks, as lawyers have pointed out, that such owners can be targeted by gangs. This is not paranoia. And paradoxically, the pressure for beneficial ownership disclosure clashes with data protection rules in the EU – known as GDPR.

It is arguable that Swiss bank secrecy was a step too far, but there is such a thing as legitimate privacy. Would, for example, the author of the linked article from CapX be happy for there to be public databases, accessible to all, of medical information, etc? (Maybe he is.) We seem to live in an era where due process of law and respect for privacy are forgotten or seen as old-fashioned issues.

Being independent of the EU does not mean that everything in the EU is bad or worse than in the UK. Occasionally, the EU gets things right. The key is that decisions rest in the hands of the UK electorate.

Financial privacy is not a popular subject, and there are lots of campaigners, sometimes coming from a good place, who think putting everything in the public domain is a good thing. They are wrong, and for once, a court has done the right thing. I doubt, of course, that this debate is over.

Where the birds do not fly free

“The bird is freed”, says Elon Musk after buying Twitter.

“In Europe, the bird will fly by our đŸ‡ȘđŸ‡ș rules”, replies Thierry Breton, the EU Commissioner for Internal Market.

Samizdata quote of the day

“German Galushchenko, the minister of energy, told the YES conference that Ukraine could potentially supply two gigawatts of power to the EU right now, but was being prevented from doing so by bureaucratic obstacles on the European side”

Niall Ferguson (not that one, the other one).

Meringue exports

One big problem of Brexit is that it’s created a big category error in everyone’s thinking. Problems are categorised as being caused by Brexit instead of by trade regulation.

Nobody notices the EU could just choose not to restrict food imports from the UK. Or vice versa. French people’s inability to buy British meringues is unseen.

Because we use egg, there was a real problem with ‘do we need to get a vet in to certify the egg?’ and we were being pushed from pillar to post from [the Department for Environment, Food & Rural Affairs] and the Department for Trade and it was so difficult to understand.

Is there really any need to check food at the border? Might one not reasonably assume that British food legally sold in Britain is safe? Stopping diseases at borders might be somewhat useful but this is something that can be activated after the detection of a specific problem, just as it presumably is within the EU.

The real reason for these regulations is to make work for regulators.