Free Markets, Free People
Corey Doctorow at Boing Boing has gotten a leaked copy of what is characterized as a “secret treaty” – secret because of so-called “national security” implications (secrecy, as we were told during the last election, is the first refuge of tyrants). In fact, it is a copyright treaty alleged to be a part of the Anti-Counterfitting Trade Agreement. Doctorow distills the treaty’s salient points as he understands them:
* That ISPs have to proactively police copyright on user-contributed material. This means that it will be impossible to run a service like Flickr or YouTube or Blogger, since hiring enough lawyers to ensure that the mountain of material uploaded every second isn’t infringing will exceed any hope of profitability.
* That ISPs have to cut off the Internet access of accused copyright infringers or face liability. This means that your entire family could be denied to the internet — and hence to civic participation, health information, education, communications, and their means of earning a living — if one member is accused of copyright infringement, without access to a trial or counsel.
* That the whole world must adopt US-style “notice-and-takedown” rules that require ISPs to remove any material that is accused — again, without evidence or trial — of infringing copyright. This has proved a disaster in the US and other countries, where it provides an easy means of censoring material, just by accusing it of infringing copyright.
* Mandatory prohibitions on breaking DRM, even if doing so for a lawful purpose (e.g., to make a work available to disabled people; for archival preservation; because you own the copyrighted work that is locked up with DRM).
I’m assuming “DRM” stands for Digital Rights Management.
Read each of those points carefully. If accurate these measures would effectively shut down much of the internet and certainly, at a minimum, change the way political blogs function. And there is no question, given the onus being put on ISPs by this treaty to police copyright infringement, that they would err on the side of caution.
This is being negotiated right now in Seoul, Korea by the administration (and, as this Canadian blogger points out, these provisions are being pushed by the US) which so derisively trashed the “Patriot Act” during the presidential campaign. As Doctorow points out, it’s draconian provisions leave ISPs with little choice but to take down anything about which there is even a hint of doubt. “Chilling effect” doesn’t even begin to describe the effect of such a treaty on free speech.
As for the transparency promised by this administration, this, among a mountain of things since it has taken office, apparently doesn’t fit that category. Being negotiated away in secret is your ability to access the internet and speak out if there’s even a hint (proof is not necessary) that copyrighted material is included in your piece.
Sound reasonable? Or are you still a bit of a traditionalist and want to see legal due process and the presumption of innocence remain as the first line defense of your rights? If you enjoy the ‘net as it stands now, you need to speak out against this obvious attempt to control speech. Treaties, even secret ones, still have to be ratified by the Senate. The way to stop this one is to make it not so secret and demand that the Senate vote it down.
UPDATE: Reason’s Jesse Walker:
As the Anti-Counterfeiting Trade Agreement enters its sixth round of secret negotiations, rumors are emerging about the provisions under discussion. The Electronic Frontier Foundation has posted the reports it has heard here; if the leaks are true, the treaty will be filled with measures that, in EFF’s words, “have nothing to do with addressing counterfeit products, but are all about imposing a set of copyright industry demands on the global Internet.”
See Michael’s discussion about “corporatism”. It’s like slipping an amendment to build a museum to Ted Kennedy into a defense appropriations bill – hide the desired but unpopular special interest legislation in a more popular and necessary bill.
As you recall when Honduras invoked its Constitution and kicked out its sitting president for violating it, President Oscar Arias of Costa Rica stepped forward and volunteered to act as an intermediary to help settle the “crisis”.
It was, apparently, only a “crisis” to those outside Honduras and now we’re beginning to understand why. It seems Arias wasn’t at all the honest broker everyone thought he was. Cato@Liberty reports:
President Oscar Arias of Costa Rica has joined the trend in Latin America of calling for a new constitution that would expand executive powers and get rid of “unnecessary checks” on the president’s authority. Although Arias has less than 9 months left in office and can’t run for reelection, his brother and current minister of the presidency — a primer minister of sorts — has openly said he’s interested in running for president in 2014. A new constitution with expanded executive powers would fit him just fine.
But Arias is also apparently at war with the media which to this point is still free and able to oppose the changes for which Arias is calling. The Arias argument against the media sound very familiar:
However, the most disturbing aspect of Arias’ call was his harsh criticism of the media. Borrowing from the script of Rafael Correa in Ecuador and Hugo Chávez in Venezuela, Arias described news outlets as “corporations interested in making a profit” that don’t necessarily pursue the “public good.” He asked the media to “tone down” its criticism of government officials, and said that journalists “should understand their role within a higher framework.” He complained that news outlets claim to represent the public interest, without any control or accountability.
This is precisely the formula followed by the new leftist despots in Central and South America. Use the system to subvert the system and expand the executive’s power to a defacto dictatorship. The first step, of course, is to rewrite the country’s constitution to abet their grab for power. And, of course, along the way it is critical that they silence and then control the media.
This formula isn’t a hard one to discern, and the the result is obvious. Despotic governments imposing ruinous socialism while a muted press is powerless to do anything about it.
And where is the US is all of this? Busily engaged in undermining the one government, Honduras, which has actually stepped up to thwart the formula and enforce its constitution.
The US should be on the side of self-determination and the rule of law. Instead, we’ve ended up on the side of power-grabbing future despots and potential ruling cliques of nepotism. How did this happen, and why hasn’t the national media shined its light on Arias’ interests in this dispute? Could it be that it would make Obama look like a bumbling fool on the international stage — or worse?
Good questions with no easy answers. However, one has to wonder why the media hasn’t gotten into the details of what is happening in Honduras and why it is so heavily opposed by the players in the region, such as Chavez, Ortega and Correa. There’s an unacknowledged revolution going on which is neither good for the people of the region nor good for the US and we seem to be not only blind to the fact, but implicitly and perhaps unknowingly aiding it. And now we find Arias too is a player.
Honduras is the only country in the region saying “no” to the trend and they’re under increasingly heavy fire to give in. In fact reports now say the Obama administration is contemplating cutting off foreign aid to Honduras unless they reinstall Mel Zelaya in the presidency. The willing ignorance the US is displaying concerning the problem in Honduras cannot be seen as anything but pandering to the likes of Chavez, Correa and Castro. It certainly isn’t based in respect for a nation’s laws and their right to self-determination – and that certainly makes the Obama administration look foolish on the international stage.
Once again the reasoning in support of a federal overhaul (and takeover) of national health care has shifted. It started out as a fiscal imperative with Pres. Obama claiming that our money woes were caused by the rising costs of health care. We were told that only government can contain administrative costs and deliver efficient, effective care. Later is was the need to control greedy insurance companies who treat their clients shoddily by denying coverage. Government run care would make sure that nobody was denied insurance, and that we would all pay basically the same rates. Of course, the infamous public option was touted as the primary tool for accomplishing this goal, carefully eliding past the “fiscal sanity” reasons for reform, which option has apparently been set out to pasture after facing fierce public resistance.
So now the reasoning shifts again. As it turns out, you all are just bad, immoral people if you don’t approve of the government taking your money and running your health care.
President Obama sought Wednesday to reframe the health care debate as “a core ethical and moral obligation,” imploring a coalition of religious leaders to help promote the plan to lower costs and expand insurance coverage for all Americans.
“I know there’s been a lot of misinformation in this debate, and there are some folks out there who are frankly bearing false witness,” Mr. Obama told a multidenominational group of pastors, rabbis and other religious leaders who support his goal to remake the nation’s health care system.
In any event, Obama’s attempt to turn this into a moral debate is not only a naked act of desperation to save his pet cause, it is also the closest to the true reason why health reform is so important to him, and the left in general, in the first place. Supporters of government-run health care are convinced that the presence of a profit motive in the delivery of health services is a bad thing and that wringing every last ounce of market incentive from the process will lead to wonderful new outcomes. And the way they are prepared to sell it is by pushing the idea that health care is a civil right.
Interestingly enough, Jonathan Alter started the ball rolling on this score just a few days before the President (it’s almost as if they are reading from the same playbook or something!):
The main reason that the bill isn’t sold as civil rights is that most Americans don’t believe there’s a “right” to health care. They see their rights as inalienable, and thus free, which health care isn’t. Serious illness is an abstraction (thankfully) for younger Americans. It’s something that happens to someone else, and if that someone else is older than 65, we know that Medicare will take care of it. Polls show that the 87 percent of Americans who have health insurance aren’t much interested in giving any new rights and entitlements to “them”—the uninsured.
But how about if you or someone you know loses a job and the them becomes “us”? The recession, which is thought to be harming the cause of reform, could be aiding it if the story were told with the proper sense of drama and fright. Since all versions of the pending bill ban discrimination by insurance companies against people with preexisting conditions, that provision isn’t controversial. Which means it gets little attention. Which means that the deep moral wrong that passage of this bill would remedy is somehow missing from the debate.
The only thing that should be unbreakable in a piece of legislation is the principle behind it. In the case of Social Security, it was the security and peace of mind that came with the knowledge of a guaranteed old-age benefit. (Ronald Reagan and George W. Bush got slam-dunked when they tried to mess with that.) In the civil-rights bills, the principle was no discrimination on the basis of an unavoidable, preexisting “condition” like race.
The core principle behind health-care reform is—or should be—a combination of Social Security insurance and civil rights. Passage would end the shameful era in our nation’s history when we discriminated against people for no other reason than that they were sick. A decade from now, we will look back in wonder that we once lived in a country where half of all personal bankruptcies were caused by illness, where Americans lacked the basic security of knowing that if they lost their jobs they wouldn’t have to sell the house to pay for the medical treatments to keep them alive. We’ll look back in wonder—that is, if we pass the bill.
Just to focus the argument, Alter is suggesting that it is a violation of individual civil rights, akin to discriminating against someone on the basis of race (wow, didn’t see that coming), to deny one insurance because one is sick. This is ludicrous on a number of levels, but that it fundamentally misunderstands the purpose of insurance is one of its worst features. Insurance is meant to protect against the expense of unknown outcomes by paying a small premium based on the statistical probability that one will suffer such an outcome. However, if one of the outcomes already exists then the insurance premium would simply be equal to the cost of treatment since the probability of payment is 1:1. In Alter’s world,and that of too many government health care supporters, insurance isn’t a risk management tool, it’s a medical discount and income redistribution tool. Which leads to the primary failure of his argument.
In briefest terms, health care cannot be a “right” because it is entirely dependent on someone else providing it to you. “Rights” do not ever involve taking from someone and giving to someone else. In order to believe otherwise, one would have to believe that doctors are actually slaves who can legally be commanded to fulfill one’s “right” to health care or suffer the consequences. The very idea is preposterous, which is why, as Alter notes, Americans have not kenned to the idea of there being a “right” to health care.
And yet, this is apparently the ground, this moral Waterloo, upon which Obama will choose to support his cause. The offensive will depend on the idea that a government health care plan is a moral obligation, and a protection of civil rights. Naturally, some imbecilic politician will assert that opposition to the plan is an immoral position, seeking to demonize (yet again) those naysayers who aren’t too keen on more government interference in their lives. After all, why not? They’ve already accused us of being, alternately, well-dressed plants for the insurance lobby and ignorant, racist hicks who just can’t stand having a black man in the White House, and look what those lines of argument achieved. I predict that this latest attack will be equally as effective.
As we discussed on the last podcast, as well as in various posts here at QandO, the biggest missed opportunity in the whole Gates kerfuffle was to draw attention to the civil liberties issues. By immediately crying racial profiling, Prof. Gates clouded an otherwise sympathetic view of his standing as a homeowner. Of course, if he hadn’t behaved the way that he did (calling Sgt. Crowley a racist cop), then he likely would never had been arrested in the first place. Nevertheless, what we should have taken from the l’affair Gates was that scenes such as the following are all too familiar:
Pepin Tuma, 33, was walking with two friends along Washington’s hip U Street corridor around midnight Saturday, complaining about how Gates had been rousted from his home for not showing a proper amount of deference to a cop. “We’d been talking about it all day,” said Tuma. “It seems like police have a tendency to act overly aggressively when they’re being pushed around,” Tuma recalled saying.
Then the group noticed five or six police cruisers surrounding two cars in an apparent traffic stop on the other side of the street. It seemed to Tuma that was more cops than necessary.
“That’s why I hate the police,” Tuma said. He told the Huffington Post that in a loud sing-song voice, he then chanted, “I hate the police, I hate the police.”
One officer reacted strongly to Tuma’s song. “Hey! Hey! Who do you think you’re talking to?” Tuma recalled the officer shouting as he strode across an intersection to where Tuma was standing. “Who do you think you are to think you can talk to a police officer like that?” the police officer said, according to Luke Platzer, 30, one of Tuma’s companions.
Tuma said he responded, “It is not illegal to say I hate the police. It’s not illegal to express my opinion walking down the street.”
According to Tuma and Platzer, the officer pushed Tuma against an electric utility box, continuing to ask who he thought he was and to say he couldn’t talk to police like that.
“I didn’t curse,” Tuma said. “I asked, am I being arrested? Why am I being arrested?”
It should come as no surprise that, in fact, Tuma was arrested on a charge of ‘disorderly conduct”:
D.C.’s disorderly conduct statute bars citizens from breaching the peace by doing anything “in such a manner as to annoy, disturb, interfere with, obstruct, or be offensive to others” or by shouting or making noise “either outside or inside a building during the nighttime to the annoyance or disturbance of any considerable number of persons.”
Tuma spent a few hours in a holding cell and was released early Sunday morning after forfeiting $35 in collateral to the police, he said. A “post and forfeit” is not an admission of guilt, and Tuma doesn’t have a court date — but the arrest will pop up if an employer does a background check.
So, adding insult to injury, Tuma gets arrested for expressing his opinion on a public street, spends the night in jail, and then is “legally” pickpocketed by the police. This is a problem, just as it was with the Gates mess, and is the real issue that should be discussed.
Forget racial profiling and other obscurants for a moment and contemplate just how much power has been granted to the police here. Is that a wise decision? Surely we want the police to be able to use their judgment in a given situation, but when a law is drafted so broadly as to provide cover when a cop feels insulted then such law flies in the face of constitutional protections.
Furthermore, situations like this really undermine the concept of police being “professionals”. Having the power to arrest someone because they get a little mouthy is not a power any real professional should want or need. Being a professional means being able to negotiate the situation through one’s abilities, not through one’s grant of extraordinary power. I mean, could you imagine if lawyers had the ability to throw people in clink for insulting them? Who would be safe?
The fact of the matter is that there are just too many laws to begin with. Cut down on number if infractions cops are expected to enforce, and you will cut down on the number of incidences where the police overstep their authority. When the only thing in danger is a cop’s feelings, then I think it’s safe to say that incarcerating anyone is a monumental waste of time and resources that could be better spent going after real criminals.
If I could see my old buddy Ed Morrissey today I’d give him a hug. A man-hug of course, but still, what he wrote today deserves that.
Ed managed, in a well-written and timely bit of sarcasm, to lay bare the rotten claim that health care is a “right”. And he does it brilliantly by using everyone’s favorite foil – lawyers – and illustrating absurdity with absurdity.
Heh … it’s OK Michael, you’ll enjoy it too.
What were the charges?
Expanded executive power. Trampled on rights. Ruled by executive order. Creeping authoritarianism.
Does that about cover most of what the left tried to hang on the Bush presidency? And who was the answer to all those problems?
The Obama administration, fearing a battle with Congress that could stall plans to close the U.S. prison at Guantanamo Bay, is drafting an executive order that would reassert presidential authority to incarcerate terrorism suspects indefinitely, according to three senior government officials with knowledge of White House deliberations.
Such an order would embrace claims by former president George W. Bush that certain people can be detained without trial for long periods under the laws of war. Obama advisers are concerned that bypassing Congress could place the president on weaker footing before the courts and anger key supporters, the officials said.
So it was never about principle, was it? It was always about politics.
Hope and change.
If ever there was a text book example of a false premise wrapped in an absurd ‘moral’ analogy, Glenn Smith at Firedoglake provides it:
The gravity of America’s health care crisis is the moral equivalent of the 19th Century’s bloody conflict over slavery. This is not hyperbole, though the truth of it is often lost in abstract talk of insurance company profits, treatment costs, and other cold, inhuman analyses.
Today’s health system condemns 50 million Americans to ill health and death while guaranteeing health care to the economic privileged. It cannot stand.
About 18,000 Americans die each year because they lack health insurance. That’s more than a third the number of lives lost in battle during each year of the four-year Civil War.
Heh … you have to love the attempt to wave off this hyperbole by simply declaring it isn’t hyperbole. But I would hope that it is evident to any rational thinker that the attempt here is to equate those who resist the intrusion of government into the realm of health to those who fought to retain the institution of slavery.
This is, instead, a plain old rant against capitalism and the free market cloaked in this absurd moral equivalence Smith invents. Seeing the liberal goal of government run health care being battered by real world realities, he’s decided he has to turbo-charge his argument for such change by defining down the horror of slavery in order to find a moral equivalence he can use as a bludgeon on the dissenters.
Don’t believe me? How about this:
Members of Congress without the moral clarity to recognize this equivalence will be condemned by history. Their spinelessness and lack of will when confronted with the power of the insurance industry is just as morally bankrupt as the American congressmen who bowed to Southern slave-owners.
The morally compromising efforts to pass health care reform that insurance companies might like is as insane as the compromises over slavery.
The health insurance industry earns its profits from the denial of coverage and benefits. It’s not so different from the Southern plantation owners who earned their profit from slave labor. The latter had their economic justifications for their immorality. So do the insurance companies.
Of course, this sort of nonsensical thinking muddles important concepts that underlie the inalienable rights of man. Slavery was a violation of man’s right to his own life. Health care insurance is nothing more than a tool that helps pay for a person’s health care. Health care is not “unavailable” to those who don’t have it. More importantly, health care is not a right.
Whereas slave owners physically denied slaves the freedom to pursue their lives, insurance companies do not stop anyone from pursuing their own health care.
But – they have to pay for it because it entails the use of the time, abilities and services of others. That is what people like Smith really object too. Read the nonsense in the paragraph above and that’s clear. And, as many extremists like to do (like those who claim, for instance, that those who don’t agree on AGW are akin to Holocaust deniers), he chooses the most inflammatory but false “moral” example he can choose to demonize his opposition, counting on the dearth of critical thinking these days to win their point.
Unfortunately, it is more successful than I’d like to admit, which is why it is important to refute it immediately when it crops up.
We may be getting ready to see a repressive regime underestimating the power of the people or we may be on the cusp of another Tiananmen Square.
Ayatollah Khamenei didn’t budge an inch in his speech today:
Addressing Friday prayers at Tehran University, the bearded septuagenarian offered no concessions to the millions of irate Iranians who have taken to the streets this week. Instead he issued an unmistakable warning to Mir Hossein Mousavi and Mehdi Karroubi, the defeated candidates.
“Those politicans who have influence on people should be very careful about their behaviour if they act in an extremist manner,” he said. “This extremism will reach a level which they will not be able to contain. They will be responsible for the blood, violence and chaos.”
“The Supreme Leader has drawn a line in the sand, and he has the muscle to back it up,” one Iranian analyst said. “His speech was a polite way of saying ‘Hey – there’s a coup and we’re in charge.’ It was an absolute declaration of power.”
Indeed it was. And Fox just had a correspondent on now in Tehran who has been seeing armed militias setting up at all the key intersections in the city.
Ayatollah Khamenei demanded the demonstrations stop. “I want to tell everyone these things must finish. These street actions are being done to put pressure on leaders but we will not bow in front of them,” he said. “I call on all to put an end to this method…If they don’t they will be held responsible for the consequences and chaos.”
“Consequences and chaos” seems a pretty clear indication that Khamenei plans on taking action of some type should the planned protests materialize tomorrow.
And the opposition?
But protestors said they would attend today’s rally come what may. “If the crowd is large enough there’s nothing they can do,” Bahrooz, an engineer, said. “If they start killing people that would bring about the fall of the regime.”
“All my friends are coming and they’re bringing their families,” Taraneh, an office worker, said. ”How many people can they arrest or kill?”
Brave words. Courageous intent. I wish them well and pray for their success.
But the bottom line is the guy who presently enjoys the monopoly on the use of force in that country has, in a somewhat nuanced way, announced he’s willing to use it.
But then the protester has a point as well. I believe we’re going to see a violent crackdown. The question then is do those who will have to inflict the violence upon the protesters have the will to see it through to completion – completion being killing and/or arresting enough protesters necessary to completely gut the protest movement.
I’m not sure, but I’m afraid we’re going to find out.
And apologizes to Publius for doing something he shouldn’t have done and can’t undo:
On reflection, I now realize that, completely apart from any debate over our respective rights and completely apart from our competing views on the merits of pseudonymous blogging, I have been uncharitable in my conduct towards the blogger who has used the pseudonym Publius. Earlier this evening, I sent him an e-mail setting forth my apology for my uncharitable conduct. As I stated in that e-mail, I realize that, unfortunately, it is impossible for me to undo my ill-considered disclosure of his identity. For that reason, I recognize that Publius may understandably regard my apology as inadequate.
Ed Whelan has written both publicly and privately and apologized. I know it was not an easy thing to do, and it is of course accepted. I therefore consider the matter done, and don’t intend on writing about it anymore.
Hat tip to Whelan for apologizing and making it public. That took some courage. And to Publius for the gracious acceptance. Lesson?
You don’t get to decide whether or not the privacy concerns of another are legitimate (unless very specific types of exceptions are extant – “shouting fire in the theater” type) – that’s why we talk about privacy rights. It appears Whelan has finally figured that out.