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March 30, 2005
Wednesday
 
 
A little outsourcing
Brian Micklethwait (London)  How very odd!

This BBC story could have come straight out of a comic novel:

A man in Australia tipped off police in Devon after seeing a suspected burglary on a webcam based in Exmouth.

Andrew Pritchard, 52, from Boorowa, New South Wales, saw two men run from a car to a beach-front kiosk.

After searching for the number of Devon and Cornwall police he was able to direct them to the scene of the crime.

However it turned out not to be a crime:

It transpired the pair were a man and a woman having an argument, not conducting a burglary, but the police praised Mr Pritchard for his actions.

I actually believe them. They were able to bustle about and investigate, but it turned out they had no actual criminals to deal with, so no horrid fighting and no horrid paperwork. Instead, they had a nice little story to trade with their local media.

As for the idea of people in Australia looking at pictures from our spycams, it has often puzzled me who on earth is supposed to keep track of all our spycam pictures, what with there now being about ten times as many spycams in Britain as there are people. I seem to recall that in this Libertarian Alliance publication, in the bit where I discuss how to exploit old people and thus keep them feeling important for longer, I suggest that oldies might like to do this. Let them earn their pensions. And now that we all have broadband connections, there is no need for these oldies to be in Britain. In fact, given what our criminals like to do to witnesses who grass them up, Australia is probably the ideal spot for them.

 
 
Dress code: Pyjamas optional
Jackie D (London)  Arts & Entertainment

Kamal Aboukhater, producer of the independent film Blowing Smoke (full disclosure: he is a tBBC client), has put an invitation out to readers of the movie's blog to come to a special screening of the film on April 21 in Los Angeles.

I think this is a first of its kind invitation from a film producer via movie blog - very exciting stuff. Blowing Smoke is a provocative film - the New York Post's Richard Johnson called it "the most politically incorrect movie ever made" - and well worth checking out. Definitely not for the easily offended or faint of heart, though.

 
 
Schiavo 3 - the transfer of power
Robert Clayton Dean (Texas USA)  Health

Nobody is willing to take the position (at least in public) that a person should not be able to refuse medical care in person, on their own behalf. However, many of those now engaged in the struggle over end-of-life health care are, wittingly or not, arguing that some health care decisions should be removed from private hands and made by the state.

The current baseline rule is that your personal autonomy with respect to consenting to or refusing to consent to medical care is pretty much absolute (I am discussing medical care, not mental health care, which operates in a parallel universe on these issues). I note that there are some second-order restrictions on what kind of care is actually available to you, arising from various licensing and regulatory regimes, but leave those aside for now. You can refuse any and all kinds of care, ranging from the most extreme life support to the most mundane blood transfusion, and people do all the time, even when the refusal puts their life at risk.

Things get more complicated when you are unable to decide for yourself (or, what amounts to the same thing, unable to communicate your decision). Someone has to decide what care you will be given. Your ability to make such decisions in advance will, sooner or later, be outrun by the unforeseeable complexities and irreducible detail of your medical care. If nothing else, someone will have to interpret your written instructions and apply them to the messy clinical realities. At the end of the day, if you are not "decisional" you will have a surrogate decision-maker. That decision-maker will either be a private individual or the state.

The current system very rarely results in the state directly taking custody of a medical patient who is not decisional, and is very heavily biased toward leaving health care decisions in private hands, with a fairly limited "reserved" power in the state to hear disputes about who the private decision-maker should be. So far, so good.

Although reasonable people can disagree on whether, for example, Michael Schiavo should be Terri Schiavo's surrogate or one of her parents should be, this dispute is over the proper issue of which private party should make decisions. It is very difficult, I think, to argue that this issue hasn't been fairly and adequately processed by the courts.

However, we are seeing increasing pressure to restrict the decisions that the surrogate can make. This is where it gets tricky, because legal restrictions on the decisions that a private decision-maker can make mean that the state is making that decision. If there is a law on the books that prohibits your surrogate from consenting to experimental treatments, then the state is making the decision that you will not receive that treatment. If there is a law on the books that prohibits your surrogate from withdrawing a feeding tube, then the state is making the decision that you will be fed through a feeding tube.

The current mantra that "if there is any doubt, err on the side of life" is a TV-friendly sound-bite in the service of expanding the control that the state has over your medical care, because this "principle" removes from your surrogate the ability to make health care decisions, and is functionally equivalent to the state ordering that medical care be provided regardless of your wishes. For your own good, of course.

Similarly, the endless agitation for more appeals amounts to agitation for more state review and oversight of a nominally private decision. For your own good, naturally.

In short, to the extent any coherent public policy is being advanced by the people who want the feeding tube re-inserted into Ms. Schiavo, it is a public policy that shrinks the decision-making powers of private decision-makers, and necessarily transfers those decisions from private hands to those of the state.

The over-riding principle that is cited in favor of this transfer of power to the state is the protection of life. However, the protection of life is not an absolute trump card; indeed, when it comes to medical care, personal autonomy overrides protection of life; otherwise, the law would require that life-saving health care be provided to you over your objections.

Nobody is willing to take that step, so advocates for the transfer of power to the state are left in the position of arguing that some decisions that you can make for yourself should never be made by your surrogate, but should be made by the state instead. Those are the only two choices on offer - either the state makes decisions about your end-of-life medical care by prohibiting your surrogate from deciding, or your surrogate decision-maker does.

I think you know where my instincts are when faced with a choice between preserving the private sphere and expanding state control.

 
 
Better safe than sorry: say no to the Precautionary Principle
Brian Micklethwait (London)  Civil liberty/regulation

You may well have heard this point made before, and I surely have myself, but it nevertheless made me grin, again, today:

We can only ask supporters of the precautionary principle to follow it through to its logical conclusion, that is not to have it applied unless it can be proved that no risk is involved. It is up to them to prove that this principle is harmless.

Those are the concluding words of Precaution with the Precautionary Principle, published (pdf only but in both French and English) by the Institut Economique Molinari. My thanks to Cécile Philippe of the IEM for the email that pointed me to this publication, and to this conclusion.

 
 
Help me! Can't - stop - quoting -
Natalie Solent (Essex)  Slogans/quotations

I had intended to make the following excerpt from an essay by George Reisman, Education and the Racist Road to Barbarism, a Samizdata Quote of the Day:

Today, the critics of "Eurocentrism" rightly refuse to accept any form of condemnation for their racial membership. They claim to hold that race is irrelevant to morality and that therefore people of every race are as good as people of every other race. But then they assume that if people of all races are equally good, all civilizations and cultures must be equally good. They derive civilization and culture from race, just as the European racists did. And this is why they too must be called racists. They differ from the European racists only in that while the latter started with the judgment of an inferior civilization or culture and proceeded backwards to the conclusion of an inferior race, the former begin with the judgment of an equally good race and proceed forwards to the conclusion of an equally good civilization or culture. The error of both sets of racists is the same: the belief that civilization and culture are racially determined.
However I have changed my mind. Partly this is because Adriana has got in first with a quote of the day from the estimable Terry Pratchett, but also it is because Reisman's essay is sucking great quotes out from my typing fingers like an unstoppable brain-eating science fiction monster, with the difference that my brain seems actually enhanced by the process. A single QotD is not enough to fulfil my compulsion.

Here is another memorable passage:

For the case of a Westernized individual, I must think of myself. I am not of West European descent. All four of my grandparents came to the United States from Russia, about a century ago. Modern Western civilization did not originate in Russia and hardly touched it. The only connection my more remote ancestors had with the civilization of Greece and Rome was probably to help in looting and plundering it. Nevertheless, I am thoroughly a Westerner. I am a Westerner because of the ideas and values I hold. I have thoroughly internalized all of the leading features of Western civilization. They are now my ideas and my values. Holding these ideas and values as I do, I would be a Westerner wherever I lived and whenever I was born.
Food for thought here:
I believe that the decline in education is probably responsible for the widespread use of drugs. To live in the midst of a civilized society with a level of knowledge closer perhaps to that of primitive man than to what a civilized adult requires (which, regrettably, is the intellectual state of many of today's students and graduates) must be a terrifying experience, urgently calling for some kind of relief, and drugs may appear to many to be the solution.

I believe that this also accounts for the relatively recent phenomenon of the public's fear of science and technology. Science and technology are increasingly viewed in reality as they used to be humorously depicted in Boris Karloff or Bela Lugosi movies, namely, as frightening "experiments" going on in Frankenstein's castle, with large numbers of present-day American citizens casting themselves in a real-life role of terrified and angry Transylvanian peasants seeking to smash whatever emerges from such laboratories. This attitude is the result not only of lack of education in science, but more fundamentally, loss of the ability to think critically--an ability which contemporary education provides little or no basis for developing. Because of their growing lack of knowledge and ability to think, people are becoming increasingly credulous and quick to panic.

I found the essay via Abode of Amritas.

March 29, 2005
Tuesday
 
 
Samizdata quote of the day
Adriana Cronin (London)  Slogans/quotations

It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.
- Terry Pratchett, Jingo

 
 
The U.N. claws at cyberspace
Gabriel Syme (London)  Science & Technology

I nearly choked on my tea when I read in my news alerts that the United Nations' International Telecommunications Union wants to be given more influence over the Internet. I persevered and learnt 'interesting' things (interesting as in the Chinese curse "may you live in interesting times"...) The Chinese connection is somewhat relevant - Houlin Zhao, the venerable bureaucrat who heads the ITU, is a former government official in China's Ministry of Posts and Telecommunications.

So, we have a UN agency, run by a (former) Chinese government official saying that they should be able to run more aspects of the Internet. Zhao wrote in December:

Countering spam is just one of many elements of protecting the Internet that include availability during emergencies and supporting public safety and law enforcement officials... The ITU would take care of other work, such as work on Internet exchange points, Internet interconnection charging regimes, and methods to provide authenticated directories that meet national privacy regimes.

In an interview with CNET news, Zhao explains ITU's position:

ITU's situation is similar to the U.S. Constitution. ITU is very dynamic. We try to keep abreast of the latest development of the market and to give assistance to human society for future development. Remember, ITU was created in May 1865 to develop a system for telegraphs.

The US Constitution...well, isn't that nice? But then I read this and shudder:

One of the most important changes was the early stages, when the Internet started, when ICANN started in 1998. The purpose was to exclude governments (but that didn't work). People realize today that the governments worldwide have to play a role.

No, Mr Zhao, people do not realise that the governments have a role to play, especially given that internet has been the fastest developing, innovative and dynamic technological and social advance that humankind has even known. Brining governments into it is just going to put a big spanner into the works. If anything, people have learned that you can have an entire dimension of your existence i.e. online functioning just fine, if not better, than the offline.

People say the Internet flourished because of the absence of government control. I do not agree with this view. I argue that in any country, if the government opposed Internet service, how do you get Internet service? If there are any Internet governance structure changes in the future, I think government rules will be more important and more respected.

What we have here is an example of authoritarian meta-context, Mr Zhao assumes that there are only two options - government opposition to internet service or complete control. Otherwise his statement does not make sense. How about no interference either way?

UN_internet_control.jpg

 
 
Can I buy you a drink?
Johnathan Pearce (London)  Civil liberty/regulation

The brilliant new blog, Nanny Knows Best, has an item on the latest piece of nannying insanity, namely, bans on adverts that mix images of sex and alcohol. God forbid that alcohol should be sold on the basis that it is to do with fun, ooooh noooo. We cannot have the poor deluded moppets otherwise known as the British population led down that dangerous path, can we?

It does of course mean that lots of one's favourite films will have to be doctored lest the image of Sean Connery or Humphrey Bogart sipping a drink and chatting up a lady leads one to get the wrong idea about the sauce.

It is enough to drive one to the bottle.

 
 
A sensible view of the Terri Schiavo case
Perry de Havilland (London)  Health • North American affairs • Self ownership

On The Voice of Reason (slogan: "A penny saved is a government oversight"), there is a pretty clear headed little essay of what I think is most the reasonable position on this absurdly emotive case.

 
 
Free market protection agencies and the tragedy of the commons
Frank McGahon (Ireland)  Opinions on liberty

Get into a discussion with any self-described anarcho-capitalist and it is only a matter of time before you are directed to David Friedman for an answer to the conundrum posed. I have generally considered such appeals to authority as tacit admissions of defeat - if an argument is any good, it ought to be easy to summarise and explain. Conversely, it is often the least defensible arguments which require complex exposition (and by a third party to boot!). I was recently referred to Friedman by Scott Scheule during a discussion at my own blog and promised that Friedman would deal with the thorny question of what differentiates the "Free market protection agencies" predicted by anarcho-capitalists under anarchy from the real world "protection agencies" we observe in conditions approximating anarchy such as mafias and warlords. Friedman sketched out this scenario:


Read more.
March 28, 2005
Monday
 
 
EeeUuugh!
Brian Micklethwait (London)  European Union

Here are a few items concerning the various ghastlinesses of the EU.

First, a briefing paper from the Instituto Bruno Leoni, by Alberto Mingardi and Paolo Zanetto, about the Microsoft versus EU case. Pdf only, alas, but worth a look.

Microsoft stands accused by the EU of daring to supply an operating system that is too good and does too much and has been ordered by the EU to cripple it and to tell all its rivals how it does everything. Microsoft wants to call its crippled version of Windows "Crippled Windows" and the EU says it can't so there and has fined Microsoft Z zillion euros. To add lunacy to lunacy, the EU is now saying that when a multinational corporation wants to innovate, it must convince the EU that its innovation is a good idea. Never mind about convincing mere people. First, Mario bloody Monti and all his rapacious and power-mad cronies and successors have to be persuaded. So now, guess what, the EU is taking a swipe at the iPod. Microsoft said "the iPod is innovative – go investigate that". So the EU duly started an investigation into the iPod! No need for it. No reason. Not necessary. What's wrong with 78s? Hire a gypsy violinist.

I embroidered somewhat there, but only somewhat. The picture that Mingardi and Zanetto draw of the EU is not pretty. Expressions like "shake down" and "sting" are hard to avoid when pondering the behaviour of the EU towards Microsoft.

I would not normally have made myself read right through this piece, because it is too depressing. But I have been told to review it for here, where Mingardi adds some further comment on the case. Apparently Crippled Windows does not work as well as uncrippled Windows. Extraordinary.

And here are a couple of EU-related pieces in today's Telegraph.

Patrick Minford writes about the costs of EU anti-dumping rules. His title says it all: The EU's manufacturing policies are costing us a fortune. He is finishing a book. Thanks to Tim Worstall for that link.

And here is a news report about the EU's efforts to protect the government of Cuba from its dissidents. Do not provoke Fidel, says Louis Michel, the EU "development commissioner".

The EU would do better to concentrate on developing itself. I live in hope that the influence of the recent Eastern European additions to the EU, of countries where they take economic development seriously and seem to have quite a solid grip on what does and does not promote it, will improve the EU. But reports like those above make such optimism hard to cling to.

 
 
Reasons to not like W
Robert Clayton Dean (Texas USA)  North American affairs

Bill Quick puts up 11 excellent reasons for limited-government types to be pissed off at the current administration. I found little to quibble with.

Generally, I have found George W. Bush to be good, very good, on foreign affairs, and mediocre to bad on domestic issues.

 
 
Things I learn from the Aussie papers
Michael Jennings (London)  Aus/NZ affairs

duh.JPG

Fancy that.

March 27, 2005
Sunday
 
 
Exsultet
Adriana Cronin (London)  Personal views

It is often said that, in polite company, one should not discuss politics and religion. Samizdata does not pay heed to the first one and Brian and Jonathan have blown the second one, so I should be on safe ground.

Every year, at the Easter Vigil, a most spell-binding melody is sung during the liturgy. Last night, as every year, I listened to Exsultet chanted, this time at the church of Our Most Holy Redeemer and St Thomas Moore, in the darkness with only candles illuminating the entire church. Its purpose is to rejoice in the resurrection and marks the begining of Easter Celebrations. (Let's hear it for the barbaric Christian rituals.)

Exsultet of Easter Vigil is certainly my favourite piece of both poetry and music, with Allegri's Miserere coming close second. The orignal text, going back as far as St. Ambrose (4th century), entered the Roman tradition around the 9th-century as part of Gregorian chant tradition. It is a masterpiece of the liturgical tradition.

exultet.gif

It is said to be the sublimest expression of joyful sound that has ever come from the human heart and mind. Mozart once said that it is the most beautiful music ever written and that he would have given all his works to be able to say that he had written the first line of the Exsultet.

I could not find a decent audio file that conveys its full beauty and impact, but I found the text and the music score.

Update: Here is an audio recording of the Latin version.

Exsultet_greg.jpg

 
 
Possibly his final great act
Johnathan Pearce (London)  Personal views

I am watching the televised appearance of Pope John Paul at the Vatican at the moment. The old fella has only been able to say a few words for his regular Easter message to the masses thronging below in St Peter's Square. It cannot surely be very long before he steps off this mortal coil.

How should yours truly, a lapsed Anglican, think about what this man represents? Well, I am going to put any reflections on his contribution to the Catholic church, or his views about abortion, etc, to one side and focus on a more worldly fact about his extraordinary life and career. The Pope was, in my view, one of the three or four great men (and one great woman) who helped bring the Soviet Union, that evil and decrepit empire, crashing to its knees. Along with Ronald Reagan, Margaret Thatcher, Gorbachev and arguably, the power of cheap television advertising, the Pope helped bring about communism's demise.

I do not share the Pope's faith, but in reflecting on his life on this Easter Sunday, it was hard not to suppress a lump in the throat. In my book, he is one of the giants of our age.

 
 
A combat tale
Dale Amon (Belfast, Northern Ireland)  Military affairs

It is late but I simply must share this tale with you.

The MP's crossed the kill zone and then turned up an access road at a right angle to the ASR and next to the field full of enemy fighters. The three vehicles, carrying nine MPs and one medic, stopped in a line on the dirt access road and flanked the enemy positions with plunging fire from the .50 cal and the SAW machinegun (Squad Automatic Weapon). In front of them, was a line of seven sedans, with all their doors and trunk lids open, the getaway cars and the lone two story house off on their left.

The battle results are described later:

Those seven Americans (with the three wounded) killed in total 24 heavily armed enemy, wounded 6 (two later died), and captured one unwounded, who feigned injury to escape the fight. They seized 22 AK-47s, 6x RPG launchers w/ 16 rockets, 13x RPK machineguns, 3x PKM machineguns, 40 hand grenades, 123 fully loaded 30-rd AK magazines, 52 empty mags, and 10 belts of 2500 rds of PK ammo.

The story has probably been covered in the US. We all know how knowledgeable most journalists are about military matters... so read a real battle report. It is really quite an awesome little vignette. It shows just how good our military folk are at their job.