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 White Paper expresses a clear desire for tech companies to “design in safety”. As the process of consultation now begins, we call on DCMS to “design in fundamental rights”. Freedom of expression is itself a framework, and must not be lightly glossed over. We welcome the opportunity to engage with DCMS further on this topic: before policy ideas become entrenched, the government should consider deeply whether these will truly achieve outcomes that are good for everyone.
– remarks by Jim Killock and Amy Shepherd on the ORG site.
Seems to me that ORG thinks the ‘Online Harms Strategy’ just needs to be written better rather than the very notion of the government poking its nose into the internet is an abomination that needs to die in a fire. I have not followed the ORG closely, so am I being unfairly critical? Perhaps I am just allergic to the incredibly dangerous ‘positive rights’ language I see in some ORG articles. Opinions?
Lovers of liberty are surrounded by enemies. Paul Marks posted a video by tech and social commentary YouTuber Computing Forever explaining possible consequences of yesterday’s votes on articles 11 and 13 of the EU Copyright Directive. I am also fond of the gaming YouTuber ObsidianAnt, who is less certain but still worried.
It is unclear how this directive will be implemented, but it seems awfully unpleasant. Even if this is not the end of the Internet, regulations have ratcheted a little bit more and there is no sign of any future change in direction. At best, life will be made harder for small content creators and innovation will be stifled. YouTube, I suspect, will make a minimum effort to implement tougher content filters which will annoy the big channels and kill off marginal smaller ones. Google will pay the occasional big fine since the system will be impossible to implement perfectly. Some other content sharing platforms will exit the EU or be killed off. All kinds of unseen new things will never come to be. To some extent rules like the link tax will be ignored and not enforced, except against people who are sufficiently unpopular. To some extent people will work around the directive, and in response the EU will try to tighten regulations further.
This is a great example of just how hard it is for grass roots efforts to change the minds of the European Commission. Years of campaigning could not stop the directive. I can not imagine any way the direction of travel can be reversed. The EU is making a really good case for Brexit.
On the other hand, when asked, the British government responded: “We support Articles 11 and 13, which seek to ensure creators and producers are rewarded when their works are used online, but agree they must include safeguards for freedom of expression.” I do see any sign of safeguards. Will the UK government now refuse to implement the directive during the transition period? Boris is against it, at least.
Meanwhile, some more EU plans are afoot to fit cars with speed limiters and black boxes. “The Department for Transport said the system would also apply in the UK, despite Brexit.”
The British government may not be much better for liberty than the EU and in some cases may be worse, but I can at least imagine how it might be possible to change it. I think we need to get out of the EU so we can concentrate on opposing opponents of liberty in Westminster. Perhaps in a few weeks we will have some idea how close a prospect that is.
European politicians have voted to pass Article 13 and Article 11 as part of sweeping changes to regulation around online copyright. The European Parliament passed the legislation by 348 votes to 274.
As Guido put it, “348 MEPs you’ve never heard of overruled 278 MEPs you’ve also probably never heard of. So much for all that democratic accountability Remainers like to go on about…”
And just to show that Samizdata has been warning of this for a long time (hey, at least Cassandra had the satisfaction of being right), here is a post from 2002: The European Copyright Directive.
If I have missed any posts that should be in that list, let me know.
So how does one repeal a bad EU law? As the politicians say, I am glad you asked me that. Let me direct you to yet another past post in which a denizen of Reddit Europe called Ask_Me_Who explains:
MEP’s can not create, amend, or reject proposals. They can act as a method of slowing them, requesting changes or rethinks of proposed policies, but if the other (unelected) parts of the EU want to force through a proposal they can just keep pushing it until it gets through in the knowledge that elected MEP’s will not have the power to propose future updates, changes, or abolition of legislation.
The words of economist and philosopher Anthony de Jasay, in a long interview on YT. The full quote, as I transcribe it:
‘…The State can starve you if it has sufficient power over the economy. If there are not (as Schumpeter put it) great private fortresses in the economy to which you can flee from the State, when all these private fortresses are demolished, then you are utterly delivered to the State….’.
. He also said
‘…the State can starve you if it has sufficient power over jobs, over the economy, because it can decide that you will not get a job…’
But with the Patreon and Mastercard blacklisting of certain ‘right wing’ voices on YT, such as the brave Robert Spencer and where no state appears to have done anything, we have a situation where private companies are choosing to end contracts with individuals on what can only sensibly be termed political grounds. This might be the thin end of a very broad wedge. In a cashless society, it could make like very difficult indeed for certain individuals.
Now a libertarian might say that this is unfortunate but simply the choice of a business whether or not it wishes to do business with any particular person, and is not a matter for any form of legal regulation. Furthermore, if there is a breach of contract (e.g. a bogus justification for not processing payments), then damages are limited to the losses that flow from the breach and would cease at the point at which the contract could lawfully have been ended.
A counter argument might be that if it is to do this, a business (assuming that we are talking about the legal fiction of a body corporate) which seeks to refuse custom on political grounds (rather than on grounds of breaching the law), then it should be open about its aims, and be specifically empowered to pick and choose customers in its terms of service and in its company rules. So if Mastercard advertise to me that I can use my card for payment, without qualification, then it has fraudulently mis-represented to me what it will do since in an objective reality, making payment to Mr Robert Spencer, (pbuh) is perfectly innocuous, and my custom has been obtained by deceit, and Mastercard has in fact a general obligation to process payments made by me to whomever I choose, except where an illegality issue arises, where it need not advertise the fact.
And of course, a company does nothing, it has the legal fiction of a corporate personality, whereby it is supposedly liable for its acts, not always those who work for it. But if those who work for a company are not acting in its best interests, but in the interest of their own malevolence, can that company claim against them? Should the ‘veil of incorporation’ be pierced?
And what sort of a weapon might that be in certain judicial circuits in the United States, or other jurisdictions, where ‘social justice’ might be deemed a requisite corporate objective?
So, what would those who tend towards libertarianism, and some around here may be 0.999 (recurring) in the direction, others not so close to being an integer, say could or should be done about the situation, if anything?
And does the State (from its own pov) need to do anything more to restrict the internet if there is a ‘private’ solution to undesirable speech on the internet?
Much as Paypal has shown that it can stop providing services to customers for what appear to be political reasons, the domain name registrar GoDaddy stopped providing services to Gab, resulting in their web site disappearing from the internet.
Recently they found an alternative registrar, Epik, who have written a blog post about why they decided to accept Gab as a customer.
De-platforming a haven of free speech is not about left or right. Anyone who remembers studying civics is familiar with the concept of inalienable rights — rights that a worthy government can only protect but would have no moral authority to take away. The idea of Natural Law and Inalienable Rights dates back to Ancient Greece, if not before. Tolerance for competing views — including those protected by Freedom of Speech and Freedom of Press — is not an American concept even though the Founding Fathers of the United States built a prosperous nation around the concept.
Refusing service to a customer does not violate the non-aggression principle, but when you need a service provider to help you speak to people it is very useful to find one who thinks that freedom of speech is a good thing. Epik should be commended for their stance, and more importantly, their stance is a reason to use their services.
To make sure there are service providers who take your business, it is helpful if there are plenty to choose from and that at least some of them have friendly policies. For this it helps if there are low barriers to entry and minimal state interference in the policies of service providers. Points of centralisation can be a problem. About this, Epik say:
In the domain name world, we often talk about domain ownership. The reality is that we are mostly leasing domains from registries, who in turn is often regulated by a regulator ICANN. Recently I have been a vocal advocate for Forever domain registrations whereby a domain is free of ongoing expense. At the moment, this is possible through Epik though there is still more work to do to make this a risk-free industry norm. The danger of not proactively embracing digital sovereignty, in all its forms, is that the digital world will inevitably find a way to achieve it, with or without domain names.
Various government bodies are in charge of various parts of domain registration, depending on where you are in the world. Technology to decentralise this would be helpful. Perhaps something like Namecoin could be the answer, or perhaps there is another way yet.
Yesterday, the US initiated the process for pulling out of the Universal Postal Union (UPU). This 144 year old institution is responsible for multilateral negotiation which sets rates at which packages approximately 5 pounds or less can be shipped. In age where government postal services competes in the market with companies like FedEx and Amazon, it seems absolutely absurd that a UN specialised agency is responsible for shipment rate setting in the 21st century.
While this might seem like a very boring and mundane situation, it is in fact a big deal. This has nothing to do with Trump and how the US is dealing with foreign affairs. This has to do with the US signalling that it is finished with institutions, which have been captured by certain countries with special interests, which use international organisations to legitimise their national agendas. In a statement, the US Chamber of Commerce said that the system is “exploited by a handful of countries.” Unfortunately, this trend occurs widely across the UN system and multilateral organisations. Take a look at the WTO and the UN Human Rights Council, for example.
Another case in point is the International Telecommunications Union (ITU). Like the UPU, the ITU was founded over 150 years ago in order for international negotiations of telegraph exchanges to take place. Currently it is responsible for global spectrum harmonisation, satellite orbital assignment and telephone numbering. However, in the 1980s a majority of member states agreed to use the ITU to set call termination rates between international calls. The US opted out of this process because telecommunications was liberalising and competition among telecoms companies as well as governments allowed for lower termination rates and a market based system. Arguably, this allowed for the dial up days of the Internet to emerge and develop rapidly.
I can raise many issues with multilateral institutions in the 21st century. Most of these institutions have a number of national members of the dictatorship persuasion that wish to control new and emerging technologies primarily developed and run by the private sector. I have written about this here, for example. However, the point that I wish to make here is that old institutions that are no longer fit for purpose need to die so that new institutions and organisational arrangements can emerge, as Douglas North noted. Within the UN, nothing ever dies.
“In an almost direct clash of intentions, the GDPR has effectively banned the use of blockchain technology in Europe because of its immutable nature. The GDPR offers the power back to the individual to edit and delete data which falls into the hands of centralized authorities, but when there is no centralized authority, there is no need for data to be moved around. This is the crux of the GDPR’s clash with blockchain. So, what happens to Europe and the next technological wave?”
The “blockchain” technology is a distributed ledger that allows information to be securely transferred without the need for third-party authentication, which could mean that many of the settlement and custody functions provided by banks – the sort of “plumbing” of finance we take for granted – could be done far faster, and at less cost. Although the crypto currencies that sit atop of this technology have their fair share of sceptics, the blockchain tech. is seen by banks as a potentially revolutionary one. While people complain that some London-based jobs could leave London if the UK has a clean Brexit and leaves the Customs Union (not to be confused with access to the European market as such), I would wager that blockchain will be far more important in affecting financial employment overall.
And yet the EU, with its usual plodding, bovine way, has enacted data protection rules (GDPR) that could blight this new technology, as well – as we have already seen – add layers of costs to organisations of all kinds. Coupled with the recent vote by MEPs to impose intrusive and costly controls on the internet, I’d hope that all those Millennials whom we are told are full of so much love for Brussels might wake up. This doesn’t of course mean that British politicians aren’t capable of enacting plenty of daft laws, but it’s usually a sight easier to lobby for change at a national level than try to persuade hundreds of millions of voters in 28 countries to change.
So as Tim Worstall likes to argue: can we leave yet?
The education spokesperson also called for social media companies to ban anonymous accounts, complaining at a fringe event organised by the Guardian in Liverpool that most of the people that abused her online did so without using their real names.
Rayner said that social media firms should take greater responsibility for their users and complained in particular that Facebook seemed to have indicated that politicians should accept a higher level of abuse.
When asked what she thought about social media, Rayner said: “One of the first things they should do is stop anonymous accounts. Most people who send me abuse me do so from anonymous accounts and wouldn’t dream of doing it in their own name.”
Rayner conceded that using real names would not stop abuse but “it would certainly help a little bit. I think they should do more, they do have a responsibility for online”.
As I mentioned earlier, Angela Rayner is the Shadow Education Secretary. That ought to mean that she is aware that teachers, like MPs, are often subject to harassment. The Times Educational Supplement had an article on that very subject just a few days ago: “Why your social account is not as private as you think”. It began:
The teacher’s Facebook account was set to private. She was certain of that. Yet, in the past week, she had received four friend requests from former pupils. She could not work out how they had found her.
So, as I am a researcher at the Greater Manchester Police – and her friend – she asked me to take a look. Within 10 minutes, I had not just found her, but I also had her full name, her partner’s name, the school she worked at, the name of one of her children and multiple images of the street she lives on.
The writer, Chris Glover, proceeded to give ten tips that teachers should employ to protect themselves: 1. Keep accounts separate. 2. Vary usernames. 3. Check posts about you. 4. Beware of public posts. 5. Review privacy settings. 6. Don’t follow your school account. 7. Avoid using your real name. 8. Change the friends-list setting. 9. Switch off location. 10. Delete dormant accounts.
Following the above advice should help ensure that teachers can enjoy participating in life online while minimising the very real risk of being tracked down by former or current pupils bearing a grudge, or simply by people whom it is best to keep at arms length for professional or safeguarding reasons.
Until a Labour government gets in and makes Nos. (2) and (7) illegal outright, and demands that all of your personal details are held in one place by a social media company so as to be conveniently available for hackers and identity thieves.
MEP’s can not create, amend, or reject proposals. They can act as a method of slowing them, requesting changes or rethinks of proposed policies, but if the other (unelected) parts of the EU want to force through a proposal they can just keep pushing it until it gets through in the knowledge that elected MEP’s will not have the power to propose future updates, changes, or abolition of legislation.
The European Commission only has to win once and it can never be repealed without the European Commission wishing it so. The people, as represented by elected MEP officials, have to win every time as they do not even have the option to vote in representatives to reverse a decision. This is the ‘democratic deficit’ that even pro-EU supporters widely acknowledge when they call for democratic reforms to the MEP system.
If you want to bring up the UK, the European Parliament works similarly to the House of Lords. The difference being that the Lord’s have been deliberately striped of much of their power specifically because they do not represent the people, while the MEP’s have never been given the power needed to actually represent the people.
EDIT- And if you think that’s depressing, since the Treaty of Lisbon (2007) lobbying has been an officially recognised and encouraged part of MEP’s decision process under the re-brand “European interest representation”. 30% of former MEP’s go on to work as lobbyists for major industries. Yeah, the people who only have to slip up once can accept weekly fancy dinners and then go on to make €€€ working for companies who give zero shits about what general public’s well-being.
Another example of the EU ratchet in action. No wonder they adopted the use of the neverendum so readily.
Controversial new copyright laws have been approved by members of the European Parliament.
The laws had been changed since July when the first version of the copyright directive was voted down. Critics say they remain problematic.
Many musicians and creators claim the reforms are necessary to fairly compensate artists.
But opponents fear that the plans could destroy user-generated content, memes and parodies.
Leaders of the EU’s member states still need to sign off on the rule changes before the individual countries have to draft local laws to put them into effect.
The vote in Strasbourg was 438 in favour of the measures, 226 against and 39 abstentions.
MEPs voted on a series of changes to the original directive, the most controversial parts are known as Article 13 and Article 11.
Article 13 puts the onus on web giants to take measures to ensure that agreements with rights-holders for the use of their work are working.
Critics say that would require all internet platforms to filter content put online by users, which many believe would be an excessive restriction on free speech.
Article 11 is also controversial because it forces online platforms to pay news organisations before linking to their stories, something critics refer to a “link tax”.
Catastrophic Article 11 vote: The European Parliament just endorsed a #linktax that would make using the title of a news article in a link to it require a license. #SaveYourInternet #SaveTheLink
Article 13 vote: The European Parliament endorses #uploadfilters for all but the smallest sites and apps. Anything you want to publish will need to first be approved by these filters, perfectly legal content like parodies & memes will be caught in the crosshairs #SaveYourInternet
A small silver lining to the cloud is that this move by the EU is particularly unpopular with just that crowd who usually love the EU most.
And if someone died—for real Twitter addicts, that’s Asshole Christmas. If you could make a facile point that reinforced your team’s political stance on the day someone collapsed in front of his wife and kids—you were a true hero, the Twitter version of a captured pilot resisting torture in a POW camp. Except your prison was your mother’s basement, or your half of a Brooklyn apartment covered with Cheetos.
The Samizdata people are a bunch of sinister and heavily armed globalist illuminati who seek to infect the entire world with the values of personal liberty and several property. Amongst our many crimes is a sense of humour and the intermittent use of British spelling.
We are also a varied group made up of social individualists, classical liberals, whigs, libertarians, extropians, futurists, ‘Porcupines’, Karl Popper fetishists, recovering neo-conservatives, crazed Ayn Rand worshipers, over-caffeinated Virginia Postrel devotees, witty Frédéric Bastiat wannabes, cypherpunks, minarchists, kritarchists and wild-eyed anarcho-capitalists from Britain, North America, Australia and Europe.
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