Archive for January 2012

Why Sheriff Joe is Still Sheriff

For those of you not in Arizona that wonder from all the articles about him why Sheriff Joe is still elected by almost landslide majorities, and why Republicans all over the state still beg him for his endorsement, here it is:

A subsequent examination of the sheriff's file showed that residents of Maricopa County wrote to him regarding the presence of Mexicans in greater Phoenix.

Citizens saw day laborers. They saw people with brown skin. They heard Spanish spoken.

And what the letters reveal is enormous anxiety about Hispanics:

  • "I always see numerous Mexicans standing around in that area . . . These Mexicans swarmed around my car, and I was so scared and alarmed . . . I was never so devastated in my life regarding these circumstances . . . Although the Mexicans at this location may be within their legal right to be there . . . I merely bring this matter to your attention in order that all public agencies, FBI, etc., may be kept informed of these horrific circumstances."
  • "I would love to see an immigrant sweep conducted in Surprise, specifically at the intersection of Grand and Greenway. The area contains dozens of day workers attempting to flag down motorists seven days a week."
  • "The Mesa police chief drags his feet and stalls . . . the head of the Mesa police union is a Hispanic."
  • "As a retiree in Sun City, formerly from Minnesota, I am a fan of yours and what you are doing to rid the area of illegal immigrants . . . when I was in McDonald's at Bell Road and Boswell (next to the Chase Bank) this noon, there was not an employee in sight, or within hearing, who spoke English as a first language — to my dismay. From the staff at the registers to the staff back in the kitchen area, all I heard was Spanish — except when they haltingly spoke to a customer. You might want to check this out."

And Sheriff Arpaio did check it out.

None of the Hispanics described in the letters had broken the law. It is not against the law to speak Spanish or work as a day laborer.

Arpaio nonetheless gave the correspondence to Deputy Chief Brian Sands. Federal Judge Snow determined that raids and roundups quickly followed. Hispanics were rousted because white people were uncomfortable.

Sheriff Joe once did a roundup in tony Fountain Hills, which I would be surprised if it had even 5% Hispanic population, and managed to drag in for various petty violations (e.g. cracked windshield) a group that was about 95% Hispanic.  His favorite thing to do, when he isn't busting into homes with Hollywood celebrities, is to send his deputies into a business and have them handcuff everyone with brown skin and refuse to release them until they or their family members have arrived to prove they are in the US legally.

This whole article is a good roundup of yet another abusive side of Arpaio, his flagrant disregard for public records laws and the rules of evidence.  In Maricopa County, "exculpatory evidence" and "shredded" have roughly the same meaning.

SOPA Prediction

Glen Reynolds reports that opposition to SOPA has caused Congress to pull back a bit.  My prediction:  They will kill this particular bill, and we will all pat ourselves on the back for it going away, but they it will get slipped into the back of some defense authorization bill while no one is looking and become law anyway.  This kind of pandering to Hollywood and increased government control over speech and the Internet is just too appealing for Congress to pass up forever.

Shoe on the Other Foot

Just six months ago, governments were criticizing ratings agencies for letting threats by debt security issuers cow them into keeping ratings for bad debt higher than they should be (emphasis added)

Moody’s and Standard & Poor’s, Wall Street’s two largest credit rating agencies, were roundly criticized in the Levin-Coburn Senate reportfor betraying investors’ trust and triggering the massive mortgage-backed securities sell-offs that caused the 2008 financial crisis.

Credit rating agencies are supposed to provide independent, third-party credit assessments to help investors understand the risks in buying particular securities, debts and other investment offerings. For example, securities that have earned the highest ‘AAA’ rating from Standard & Poor’s (S&P) should have an “extremely strong capacity to meet financial commitments” or have “a less than 1% probability of incurring defaults.” Investors would use the ratings to help evaluate the securities they’re seeking to buy.

However, the standard practice on Wall Street is fraught with conflicts of interest. In reality, the credit rating agencies have long relied on fees paid by the Wall Street firms seeking ratings for their mortgage-backed securities, collateralized debt obligations (CDOs), or other investment offerings. The Levin-Coburn report found the credit agencies “were vulnerable to threats that the firms would take their business elsewhere if they did not get the ratings they wanted. The ratings agencies weakened their standards as each competed to provide the most favorable rating to win business and greater market share. The result was a race to the bottom.” Between 2004 and 2007, the “issuer pay” business model fostered conflicts of interest that have proven disastrous for investors.

I have no problem with this analysis.  But it's ironic in contrast to the very same governments' reactions to their own downgrades over the last 6 months.  In fact, the general government reaction from Washington to Paris has to be to ... wait for it ... threaten the agencies in order to keep their ratings up.  And these threats go farther than just loss of business - when the government issues threats, they are existential.  It's hard to see how the US or French government's behavior vis a vis downgrades has been any different than that of banks or bond issuers that have faced downgrades.

In general, the tone of government officials has been "what gives them the right to do this to us?"  The answer to that question is ... the government.  These self-same governments were generally responsible for mandating that certain investors could only buy certain securities if they are rated.  And not just rated by anyone, but rated by a handful of companies that have been given a quasi-monopoly by the government on this rating business.

A and An. Random Thought of the Day

Someday, I need to look up how the actual rule for use of "a" vs. "an" is written.  Most people, including me, have always said that "an" is used in front of a vowel.  "This is an unusual task."  But this is not always true.  How about, "this is a useful item."  In this case, I suppose we use "a" because despite starting with a vowel, "useful" really starts with a "y" consonant sound, as in "you."

This Day In History

Today will be remembered in history as the day that had no Republican candidate debate.

Our Confused Policy in Afghanistan

There are a lot of ways to parse this story about the alleged video of soldiers urinating on corpses in Afghanistan.  It seems ugly, but desecration of corpses has a long history in Afghan conflicts (often consisting of cutting off male-only body parts).  And it's bizarre to see people more upset about peeing on corpses than with corpsifying them in the first place.

But at the end of the day this is what I think is broken about the Afghan conflict.  You don't send warriors into a brutal guerrilla war with no rules and simultaneously expect them to be goodwill ambassadors as well.  Given that these are two activities whose Venn diagrams of skills and mindsets have so little overlap, the military does a pretty good job trying to do what its being asked, but over the long run it's a losing game  (somewhere in here there is an Ender's Game reference about trying to meld empathy with killer instincts).

By the way, exactly what is our goal in Afghanistan, will someone remind me?  We have been successful when __________________ ?

The Worst Polluter

This country has made great progress in cleaning up its waterways over the last four decades.  Conservatives like to pretend it's not true, but there is absolutely nothing wrong from a strong property rights perspective in stopping both public and private actors from dumping their waste in waterways that don't belong to them.

The problem today with the EPA is not the fact that they protect the quality of the commons (e.g. air and water) but that

  1. New detection technologies at the parts per billion resolution have allowed them to identify and obsess over threats that are essentially non-existent
  2. Goals have changed such that many folks use air and water protection as a cover or excuse for their real goal, which is halting development and sabotaging capitalism and property rights
But there is one actor that is still allowed to pollute at unarguably harmful levels.  You guess it, the government.

What might surprise Brougham and many other New Yorkers who were appalled by last summer’s sewage discharge is that there’s nothing particularly unusual about it. Almost every big rainstorm causes raw sewage to flow into the city’s rivers. New York is one in a handful of older American cities — Baltimore, Philadelphia and Washington, D.C., are others — that suffer from poor sewer infrastructure leading to Combined Sewer Overflows, or CSOs. New York City has spent $1.6 billion over the last decade trying to curb CSOs, but the problem is so pervasive in the city that no one is sure whether these efforts will make much of a difference.

CSOs occur because the structure of New York City’s sewage system often can’t cope with the volume of sewage flowing through it. Under the city’s streets, thousands of drains, manholes and plumbing systems converge into a few sewage mains. These pipes can handle the 1.3 billion gallons of wastewater that the five boroughs produce on a typical day — about as much water as would be generated by a 350-year-long shower. But whenever the pipes gather more water than usual — such as during a rain- or snowstorm — the pumps at the city’s 14 wastewater treatment plants can’t keep up with the flow. Rather than backing up into streets and homes, untreated sewage systematically bypasses the plants and heads straight into the waterways.*

In this way, 27 to 30 billion gallons of untreated sewage enter New York City waterways each year via hundreds of CSO outfalls, says Phillip Musegaas of Riverkeeper, a New York clean water advocacy group. Musegaas says he finds it especially upsetting that city officials don’t effectively warn the thousands of people like Brougham who use the waterways and could encounter harmful bacteria during overflow events.

I thought this correction was funny:

This story originally read that New York City’s sewage system could “barely” handle the city’s wastewater, an untrue statement. As long as there’s little surplus stormwater entering the system, it’s adequate to handle the flow.

Oh, so everything is OK, as long as it does not rain.  Which it does 96 days a year.  I am just sure this reporter would say that BP's offshore safety systems were "adequate" if it only spilled oil 96 days of the year.

The Only Winning Move is Not to Play

The 5-year old transcripts of Federal Reserve Board meetings .  Bernanke & Geithner basically yawn at concerns raised about housing prices and mortgages.

Let's be clear.  Unlike most of those who are likely commenting on this, I do NOT blame these folks for being wrong about the direction of the incredibly complex economy, and how one or two factors might influence the whole.   My sense has always been that it is impossible to be consistently right.

What I do criticize is the hubris of making major top-down Federal policy decisions that require that these folks be consistently right.  It's simply madness, and I am exhausted with the continuing reaction of both the media and most politicians that if we only had the right folks making these decisions, all would be well.  The reality is that these decisions are impossible to make, and will virtually always lead to gross mis-allocations of capital and resources in the economy that lead to recessions.

Update:  Here is one example

JUNE 28-29: In summarizing Fed officials’ views, Bernanke notes how it’s getting more and more difficult to make forecasts, describing the economic situation as “exceptionally complicated.” Since housing is particularly hard to project, Bernanke calls it “an important risk and one that should lead us to be cautious in our policy decisions.”

So, this seems like an admirable statement of humility.  Given these remarks, the group did nothing, right?  Of course not ... they raised interest rates a quarter of a point.

 

Name the Industry

Name the industry where 99.9% of the time, public policy has an explicit goal to substantially reduce worker productivity.   Answer.

Nothing New Under the Sun

For some reason, I had presumed this was a modern phenomenon.  Apparently not.... From Bastiat in 1848

But, by an inference as false as it is unjust, do you know what the economists are now accused of? When we oppose subsidies, we are charged with opposing the very thing that it was proposed to subsidize and of being the enemies of all kinds of activity, because we want these activities to be voluntary and to seek their proper reward in themselves. Thus, if we ask that the state not intervene, by taxation, in religious matters, we are atheists. If we ask that the state not intervene, by taxation, in education, then we hate enlightenment. If we say that the state should not give, by taxation, an artificial value to land or to some branch of industry, then we are the enemies of property and of labor. If we think that the state should not subsidize artists, we are barbarians who judge the arts useless.

I get to teach one class a year in the senior economics class at my kids' school.   Could do worse this year than teaching it around What is Seen and What is Not Seen

Kudos to the AZ DMV

No, that headline is correct -- some crazed hacker has not taken over Coyote Blog.  Having been relentlessly critical of government organizations in general and the DMV in particular, I think fairness demands I post exculpatory evidence when I have it.

This morning we thought my son lost his driver's license (later found).  Dreading the all day trip to the DMV to get it replaced (and no, nothing has changed my opinion that that experience sucks), we checked online for the procedure.  It turns out that we could have applied for a new license over the Internet, and, best of all, if we got the application in by 3:00 today we could have had the license in our hands by noon tomorrow, on a Saturday no less, via express delivery.  That's better than my credit card company does.

Yes, such service is a virtual necessity given how central the government has made the driver's license in so many routine activities (except voting of course, that would be racist!).   But it is still a breath of fresh air to see any state institution match their service to such necessities.  Now, if we could only get the passport process sorted out, but that one is just getting worse.

If Only Conservatives Would Really Take This To Heart

Conservatives are mad at Eugene Robinson's mocking of how Rick Santorum and his family dealt with the tragedy of an newborn death.   Patterico (via Glen Reynolds) writes something that is good critique of the Left, but is an equally good critique of the Right

What really infuriates is the contempt they [those on the Left] show for parents who make different choices than they would . . . and the smug arrogance with which they pronounce judgment on the most intimate aspects of others’ private lives.”

Substitute the word "people" for "parents in the first half and this applies to a lot of folks on both sides of the aisle.

Flash: European Finances Still Screwed Up

As I predicted, the various highly touted European debt and currency interventions last month did squat.  This is no surprise.  The basic plan currently is to have the ECB give essentially 0% loans to banks with the implied provision that they use the money to buy sovereign debt.  Eventually there are provisions for austerity, but I wrote that I don't think it's possible these will be effective.   It's a bit unclear where this magic money of the ECB is coming from - either they are printing money (which they refuse to own up to because the Germans fear money printing even more than Soviet tanks in the Fulda Gap) or there is some kind of leverage circle-jerk game going where the ECB is effectively leveraging deposits and a few scraps of funding to the moon.

At this point, short of some fiscal austerity which simply is not going to happen, I can't see how the answer is anything but printing and devaluation.  Either the ECB prints, spreading the cost of inflation to all counties on the Euro, or Greece/Spain/Italy exit the Euro and then print for themselves.

The exercise last month, as well as the months before that, are essentially mass hypnosis spectacles, engineered to try to get the markets to forget the underlying fundamentals.  And the amazing part is it sort of works, from two days to two weeks.  It reminds me of nothing so much as the final chapters of Atlas Shrugged where officials do crazy stuff to put off the reckoning even one more day.

Disclosure:  I have never, ever been successful at market timing investments or playing individual stocks, so I generally don't.  But the last few months I have had fun shorting European banks and financial assets on the happy-hypnosis news days and covering once everyone wakes up.  About the only time in my life I have made actual trading profits.

Thought problem:  I wish I understood the incentives facing European banks.  It seems like right now to be almost a reverse cartel, where the cartel holds tightly because there is a large punishment for cheating.  Specifically, any large bank that jumps off the merry-go-round described above likely starts the whole thing collapsing and does in its own balance sheet (along with everyone else's).  The problem is that every day they hang on, the stakes get higher and their balance sheets get stuffed with more of this crap.  Ironically, everyone would have been better getting off a year ago and taking the reckoning then, and certainly everyone would be better taking the hit now rather than later, but no one is willing to jump off.  One added element that makes the game interesting is that the first bank to jump off likely earns the ire of the central bankers, perhaps making that bank the one bank that is not bailed out when everything crashes.  It's a little like the bidding game where the highest bidder wins but the two highest bidders have to pay.  Anyone want to equate this with a defined economics game please do so in the comments.

Crony Capitalism? Blame the Progressives

That is the purposely inflammatory title of my article this week at Forbes.com, finding the roots of crony capitalism not in capitalism itself, but in progressive legislation.  An excerpt:

The core of capitalism has nothing to do with, and is in fact inherently corrupted by, the exercise of state power.  At its heart, capitalism is one simple proposition -- free exchange between individuals based on mutual self-interest.  There is no room in this definition for subsidies or special government preferences or bailouts.  The meat and potatoes activities of crony capitalism are corruptions rather than features of free markets.  Where state power to intervene in economic activity does not exist, neither does cronyism.

Believe it or not, the Occupy movement reminds me of nothing so much as 1832.  Flash back to that year, and you will find Federal officials with almost no power to help or hinder commerce... with one exception: the Second Bank of the United States, a powerful quasi-public institution that used its monopoly on government deposits as a source of funds for private lending.  The bank was accused of using its immense reserves of government cash to influence elections, enrich the favored, and lend based on political rather than economic formulae (any of this sound familiar?).  Andrew Jackson and his supporters, the raucous occupiers of their day, came into office campaigning against the fraud and cronyism at the Bank.

Jackson, much like the current OWS folks, was a strange blend of sometimes frontier anarchist and sometimes tyrannical authoritarian.  But in the case of the Second Bank, the OWS movement could well learn from Jackson.  He didn't propose new and greater powers for government officials to help check abuses of the existing powers -- he proposed to kill the Bank entirely.  Eliminate the source of power, and men can no longer tap it for their own enrichment.

Unfortunately, the progressive Left which makes up most of the OWS movement has taken exactly the opposite approach over the last century or so, expanding government powers and economic institutions (such that today the scope of the second bank seems quaintly limited) and thus the opportunity for cronyism.   In fact, most of the interventions that make crony capitalism possible are facilitated and enabled by the very progressive legislation that the progressive Left and the OWS protesters tend to favor.  Consider some examples...

Contempt of TSA

I have written frequently of the non-crime called "contempt of cop" which seems to be at the heart of so many bad arrests and harassment incidents.  Well, you will be happy to know that the helpful folks at the TSA want the same power, to be able to arrest anyone who does not show them proper respect and deference.

Postscript:  Thinking about this more, I have to add a personal angle.  As my company privately operates public parks, our employees are often taking over from state park rangers who have law enforcement credentials.  When we propose our services, we often get pushback on this issue -- how are we going to live without all these law enforcement officers with arrest powers and guns and badges in the parks?

The answer I give is:  Things will be better.  It is an enormous mistake to handle customer service problems with a badge and gun and hard-ass attitude, but that is often what happens in parks.  You don't see McDonald's issuing citations to their customers, but state parks organizations do it all the time.

It turns out that the reason there are so many law enforcement officers in parks has nothing to do with demand -- with very few exceptions, the parks we operate all require fractions of an FTE of law enforcement.  Maybe 20 hours a year per park.  But there are huge incentives for state workers to get a law enforcement license.  Beyond the psychic advantages of having a gun and badge, they typically qualify for a much richer law enforcement pension plan.   Park supervisors don't care -- the extra benefits don't come out of their budgets.

Blaming the Phone Book

Local Conservative Greg Patterson blames the death of several sex workers in Detroit on the Backpage, because the killer may have targeted them based on their ads in that periodical.

The killers are the ones who should be held responsible, but what about parties whose negligent actions facilitate the killing?  How about the example of a school with poor lighting, or the business with lots of bushes in which bad guys can hide?  There are plenty of cases that show the property owner would be liable for the intentional torts of others.

So New Times knows that Adult ads are used by bad guys...even to the point of murder.  Craigslist stopped accepting these ads after a similar incident and New Times picked up the business...at a considrable profit.  So can they be held accountable for the deaths in Detroit?  I would argue that they can be.  What about future deaths?  What happens if New Times continues to accept adult advertising and someone else gets killed?  Actionable?  I would say yes.

This is exactly the sort of spurious liability logic Conservatives tend to mock, except of course when it involves a target it does not like.  In this case free market Conservatives really hate Backpage for accepting freely placed ads for free exchange involving consensual sex.  I responded in the comments:

Why do you cast so far afield for an analogy in your third to last paragraph [the one above about schools with poor lighting]? Why not take a directly parallel example - what if some killer were stalking Starbucks barristas whose work places he identified through ads in the Republic or via Google Maps? Would you really run around in circles blaming Google? This is like saying that a serial killer is facilitated by the phone companies because they publish the phone book the killer used.

We are talking about ads placed via free exchange for consensual sex. Yes, in our bizarre society, Conservatives who nominally support all other types of free exchange have had this one sort banned. But it is ironically the very fact that this sort of consensual commerce is illegal that makes this work so dangerous. Escorts/hookers are vulnerable to abuse, crime, fraud etc. precisely because they have less ability to access the legal system for redress.

If you want to discuss who facilitated the death of these women, let's talk about those who drove their profession underground.

Beating Rush Hour

via Twisted Sifter, who commented "+1 for crazy, reckless insanity. Idiocy at it’s finest. Do not attempt."

David Henderson Talks to the Occupy Folks

David Henderson has a wonderful 4-part series of a talk he had with an Occupy-type crowd in Monterrey.  He does a good job of showing how the roots of many of the problems the Occupy folks fret about lie with government power rather than free markets.

part 1

part 2

part 3

part 4

 

Here is a point he makes in part 3 that I have made before

"Or consider this," I said, "Who was the wealthiest man in America early in the 20th century?" "John D. Rockefeller," said someone. "Right," I said, "and at its peak, John D. Rockefeller's net worth was, in today's $, about $200 billion, which would make him richer than Bill Gates and Warren Buffett combined."

"But think what you have that he didn't. He couldn't watch TV, play video games, surf the Internet, or send e-mail. During the summer, he didn't have air conditioning. For most of his life, he couldn't travel by airplane. He didn't even have [and here I picked up my cell phone] a 1G. And here's the big one: If he got sick, he couldn't use many medicines, including penicillin. Calvin Coolidge's son, after playing tennis on the White House lawn and getting a blister, died. He didn't have antibiotics."

"So you could say that you're richer than Rockefeller. Isn't there a song about that?Here's the test. Who here would trade places with Rockefeller?" I asked. About 5 people stuck up their hands. "Then you're not," I said. "Who wouldn't trade places with Rockefeller?" I asked. About 15 people stuck up their hands. "You are," I said.

I wrote something similar of San Francisco 19th-century millionaire Mark Hopkins

Hopkins had a mansion with zillions of rooms and servants to cook and clean for him, but he never saw a movie, never listened to music except when it was live, never crossed the country in less than a week.  And while he could afford numerous servants around the house, Hopkins (like his business associates) tended to work 6 and 7 day weeks of 70 hours or more, in part due to the total lack of business productivity tools (telephone, computer, air travel, etc.) we take for granted.  Hopkins likely never read after dark by any light other than a flame.

If Mark Hopkins or any of his family contracted cancer, TB, polio, heart disease, or even appendicitis, they would probably die.  All the rage today is to moan about people’s access to health care, but Hopkins had less access to health care than the poorest resident of East St. Louis.  Hopkins died at 64, an old man in an era where the average life span was in the early forties.  He saw at least one of his children die young, as most others of his age did.  In fact, Stanford University owes its founding to the early death (at 15) of the son of Leland Stanford, Hopkin’s business partner and neighbor.  The richest men of his age had more than a ten times greater chance of seeing at least one of their kids die young than the poorest person in the US does today.

The only mistake in this I would correct was to say Mark Hopkins was old at 64.  The average lifespan was in the forties, but this was mainly because of childhood death.  Once someone made it into their thirties, they had a pretty good chance of living into their sixties.

Indefinite Detention of Americans Without Trial an Official, Legal Power of the President

The whole sad update here.

Rand Paul's attack on the bill is here.

This was an entirely bipartisan effort, with the 13 nay votes spit equally between the parties

Nay ID Crapo, Michael [R]
Nay ID Risch, James [R]
Nay IL Durbin, Richard [D]
Nay IA Harkin, Thomas [D]
Nay KY Paul, Rand [R]
Nay MD Cardin, Benjamin [D]
Nay MN Franken, Al [D]
Nay OK Coburn, Thomas [R]
Nay OR Merkley, Jeff [D]
Nay OR Wyden, Ron [D]
Nay SC DeMint, Jim [R]
Nay UT Lee, Mike [R]
Nay VT Sanders, Bernard [I]

Democrats have been unbelievably disappointing on civil liberties issues the last several years.  The same group that sniped relentlessly (and correctly) at George Bush about Guantanamo have now reversed themselves 180 degrees now that their guy is in office.

Thinking About Medicare and Social Security

Neither Medicare nor Social Security should be government programs.  The government essentially takes on two roles in these two insurance programs:  1) To subsidize the premiums of low income Americans; and 2) To use its power of coercion to force everyone to participate.  I have no stomach for the latter role and the former could be much more cheaply achieved with some sort of voucher or credit program.

But these programs are not going away.  While both need reform, it may turn out to be politically impossible to even reform them.

But if we take off the table for a moment their existence and their basic structure, there is still an enormous problem we might fix:  pricing.  There is absolutely nothing more deadly to an economy than a false or corrupted pricing signal.  But that is clearly what we have with these two programs.  The Medicare "premium" (tax) taken out of every paycheck is clearly way too small to cover true actuarial costs of this program.  And while Social Security rates may have been set right if the premiums were really being kept in escrow for the future, the fact is that the so-called trust fund has been raided into oblivion by past government spending programs  -- Social Security taxes need to be reset to reflect that fact.

The result, of course, will be a substantial increase in both payroll taxes.  I am not a big fan of tax increases, and find taxes on labor to be among the worst.  But as long as we hold on to the collective notion that these are insurance programs and the taxes we pay are premiums, its time to stop fooling Americans into thinking that the premiums they are paying are truly sufficient to fund their benefits.  Maybe after we reprice the "premiums" to their true actuarial value, we can then have a real debate about the structure and existence of these programs.

Its All About the Consumer (wink wink)

Countless regulations and laws in the US that are ostensibly consumer protection turn out to be simple power plays by government officials and well-connected corporations.

We see this yet again in Argentina, where a government takeover of the newsprint business was ostensibly justified based on "unfair" business practices by the previous owners.  Of course, the only thing the Argentine government, which recently started prosecuting private economists for disagreeing with government inflation numbers, finds "unfair" is the fact that newsprint is being sold to papers who publish unflattering articles about the government.  More here.

The same Argentine legislation defines a new crime right out of Atlas Shrugged that they call economic terrorism, which in practice will likely be interpreted as 1) businesses that do anything that the current rules do not like or 2) businesses that get just too valuable for government officials to resist grabbing them for themselves.