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]
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Steven Chapman is the sort of blogger whom White Rose readers ought to keep on their list of haunts. He has White-Rose-relevant material here about how war erodes civil liberties, even in the face of the strongest written constitutions, and here about car surveillance via road pricing, with a link to this Observer story.
There’s a White Rose angle to the Pfizer drugs story, and of course Pfizer aren’t the only drugs company involved. They just seem to have a higher profile.
The present situation is that the Canadian government is making it a condition of sale for the drugs companies that in Canada they must charge less for their drugs than they would like to. In the USA no such rule applies, and the prices charged for their drugs are higher. So, some Canadian retailers of drugs are, as predicted, making money by selling on some of the drugs they buy at the cheap rate, back to the USA.
This has caused the drug companies to intensify their already elaborate product tracking efforts so that they can spot Canadian retailers who are doing this.
Drug companies have sophisticated means of controlling imports. Data-tracking companies keep close tabs on doctors’ prescriptions, so companies are keenly aware of actual local demand in much of the industrialized world. The companies also closely track buying trends. When drug orders at a particular pharmacy spike in the absence of a similar jump in nearby doctors’ prescriptions, executives investigate.
Drug wholesalers also help manufacturers track these trends. “Together with the manufacturers, we have worked to identify the pharmacies that have been shipping back illegally,” said Larry Kurtz, a spokesman for the McKesson Corporation, one of the largest drug wholesalers in the United States and Canada.
The general point: when an economy is working without state interference, a seller is glad to sell to anybody, so long as the seller is willing to pay the asked-for price. Once he has, great. The buyer can then do with the product anything he likes, including resell it to someone else. The seller, in other words, will have no motive to spy on buyers to see what they do with the product. But in an interfered-with market, sellers do have a motive for such tracking.
Well, correction. Sellers often do want to know what buyers do with products. It’s called market research. But if a customer wants to buy a product, but doesn’t want to cooperate in such market research, the seller usually takes the money and does the business, and lays off with the market research.
Not so, with these errant Canadian drugs retailers. They definitely don’t want to tell the drugs companies how they are using their products, if they are using them by reselling back to the USA. But the drugs companies really want to know about this. If that makes for a fight, too bad. The drugs companies still want to know. The retailers are playing dirty if they resell to the USA. The drugs companies will also want to play rather dirty, to find out, the way they never would to do mere market research. It all makes for bad vibes, and creates a drugs-companies-lead demand for further intrusive and creepy product tracking systems which normally they might shun, on the grounds that regular customers might not like such arrangements.
Who makes the crucial decision about whether to prosecute in the first place? And who picks the person who does this? And who have they picked?
From today’s Independent:
The government was accused of “rampant cronyism” last night after a barrister from Cherie Blair’s law firm was named as the head of the Crown Prosecution Service.
Ken Macdonald, a founding member of Matrix Chambers, where the Prime Minister’s wife practises under her maiden name Cherie Booth, will become Director of Public Prosecutions in the autumn.
Doesn’t sound good, put like that, does it?
A spokeswoman for the CPS said Mr Macdonald had been appointed to the £145,000-a-year post by a panel of impartial senior civil servants and legal figures. She said: “The selection process was completely transparent and accountable. It was an open competition. The fact he comes from a distinguished chambers signals that he is a leading barrister, but the chambers he comes from had no other bearing on the appointment.”
I suppose that could be true.
SFGate.com reports on a legal challenge to the Patriot Act:
Civil rights lawyers filed a challenge Tuesday to a section of the federal Patriot Act that makes it illegal to provide “expert advice and assistance” to groups with alleged links to terrorists.
The ban is unconstitutionally vague and should be struck down, the New York-based Center for Constitutional Rights argued in a motion filed in federal court.
John Lettice of The Register writes:
To little fanfare last month the UK’s Office of National Statistics announced proposals for the creation of a central electronic database containing birth, death and marriage records. Announcing the publication of “Civil Registration: Delivering Vital Change,” and a consultation process running through until 31st October, the ONS listed key changes as including the ability to register births and deaths online,* in person and by telephone, greater choice as regards marriage ceremonies and “new arrangements for access to registration information.” The creation of a centrally-held “through life record” for everybody however appears not to have been deemed a key change of sufficient moment to make it to the press release.
That’s paragraph one of his piece. It’s worth continuing. Whatever you think of Lettice’s judgements and fears about all this, you will probably learn something.
FT.com reports that the UK government’s proposal to genetically screen all newborn babies and store the information in a database is likely to be rejected by the Human Genetics Commission, the watchdog set up by Labour in 1999 to monitor advances in biotechnology, on the grounds of being unworkable, expensive and potentially threatening to civil liberties.
Baroness Helena Kennedy QC, the head of the HGC, said the medical benefits of the Human Genome had been over-hyped, leading to unrealistic expectations and the threat of discrimination against people who carried certain genes.
It is one of those things that initially has great attraction: The idea that you might be able, at the begining of your life, to know so much about yourself that you can pretty much chart your life appropriately, make sure that you have twice the normal helping of spinach and therefore throw off the chance of getting a disease. But it does not take account of where a child might be living, what it might be susceptible to because of its environment, and all the other factors that interact with your genes and change the prognosis.
The proposal to test all babies was announced in a White Paper published in June. It promised £50m ($80.4m) to expand the ability of the National Health Service to cope with the rapid advance in genetic testing.
I found this on Gay.com UK, so the language may be a bit distorted (e.g the phrase ‘the Pope’s anti-gay document…) but still worth a post:
The Irish Council for Civil Liberties says it will prosecute any priests found distributing or quoting the Pope’s anti-gay document for hate crimes.
Any clergy found handling the 12-page document, released last week as a statement of the Catholic Church’s response to gay marriages, will face charges under the country’s hatred legislation reports suggest.
Although the document itself is not illegal, it could lead to an increase in hatred, the Council said, and by stirring up hatred in the parish, the clergy could face jail terms of six months.
According to their website the Irish Council for Civil Liberties is an independent governmental organisation promoting and defending human rights and civil liberties.
Update: Here is the same news from Irish Times quoting Ms Aisling Reidy, director of the ICCL:
The document itself may not violate the Act, but if you were to use the document to say that gays are evil, it is likely to give rise to hatred, which is against the Act. The wording is very strong and certainly goes against the spirit of the legislation.
Just following up on what I was saying this morning on the dangers of anti-terrorism laws being applied to situations that do not involve terrorism, Eugene Volokh provides an example of the way in which too broadly worded anti-terrorism laws can be misused. A prosecuter in North Carolina has charged someone who has been manufacturing methamphetamine with two counts of “manufacturing a nuclear or chemical weapon”, because the definition of chemical weapons under the law is
any substance that is designed or has the capability to cause death or serious injury and . . . is or contains toxic or poisonous chemicals or their immediate precursors
and methamphetamines can clearly be described that way. Because the accused is being prosecuted under the anti-terrorism law, the penalties are harsher (and he may have less legal protection – I am not sure of the details of that particular law) than he would have if he were charged with a normal drugs offence.
I suppose we can observe that this is another example of the general way in which people’s rights and liberties tend to get brushed aside as part of the war on drugs, too.
David Farrer comments here on the case of a someone who may be sent to jail for using a mobile telephone to record and transmit proceedings in the Perth Sheriff Court.
Apparently they don’t like it so much when we use technology to keep tabs on them.
Instapundit links to this story, and quotes a fellow lawyer who alerted him to it that it shows you shouldn’t automatically disbelieve a client who says he doesn’t know how some porn found its way onto his hard drive.
A man accused of storing child pornography on his computer has been cleared after it emerged that his computer had been infected by a Trojan horse, which was responsible for transferring the images onto his PC.
[XXXX XXXX] … was taken into custody last October after police with a search warrant raided his house. He then spent a night in a police cell, nine days in Exeter prison and three months in a bail hostel. During this time, his ex-wife won custody of his seven year old daughter and possession of his house.
In a world where simply being charged with a crime causes millions to presume some degree of guilt, and gives personal enemies their chance straight away to move in for the kill by making use of other bits of the legal system, then the decision merely to prosecute becomes a sentence in its own right.
Virginia Postrel has a small piece on her blog about the civil liberties implications of the war on terror. (She also links to this Reason article by Jacob Sullum). Essentially her point is that if you give the authorities arbitrary and unaccountable powers of arrest (or to violate civil liberties in other ways) in order to fight terrorism, then eventually these powers are going to be used on other people as well, particularly the opponents of whoever is in power. Therefore, accountability and openness is crucial.
From the Telegraph yesterday:
Closed-circuit television cameras are to be installed in every classroom at a school for the first time in Britain in a development that has raised alarm among parents and teachers.
CCTV will operate throughout the new school, King’s Academy in Middlesbrough, when it opens in September. The cameras are intended to make it easier to monitor and control bad behaviour by pupils.
The school says they will also watch over expensive computer equipment and will assist staff by providing evidence to clear teachers if they are falsely accused of abuse or assault.
This last is to counter the fear among the teachers that the cameras will also be used to spy on them.
King’s is the latest of the Government’s trumpeted city academies, funded jointly by state and private money. It will specialise in business and enterprise. Although CCTV is used for security reasons around many schools, King’s is the first to use it throughout classrooms.
Manchester city council is now seeking funds to install cameras in five schools as part of a discipline crackdown. A CCTV network of 40 to 50 cameras, which would cover the average school, would cost about £16,000.
Not for the first time, my reaction to being told the cost of some surveillance kit is: that’s cheap. Soon, if they want it to be everywhere, and they do, it will be.
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Who Are We? 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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