Coyote Blog

I already wrote on the egregious FTC proposals to begin the government takeover of journalism.  But I missed this part, via South Bend Seven, which caught my eye in their post:

Tax on broadcast spectrum. They argue "commercial radio and television broadcasters are given monopoly rights to extremely lucrative spectrum at no charge," and this is a massive public subsidy. They therefore suggest the revenues generated by that spectrum be taxed at a rate of 7 percent, which should result in a fund of between $3 and $6 billion. In exchange, commercial broadcasters would be relieved of any obligations to engage in "public-interest programming," which the broadcasters claim costs them $10 billion annually.

Much of the TV and radio spectrum was indeed "given away," in exactly the same process that the Homestead Act (and I believe the Northwest Ordinance before that) "gave away" land to Americans who were willing to develop it.  These acts gave land away to pioneers who were willing to take the risk and effort to develop what was essentially value-less land into a productive asset  (the land had potential value, but until someone tilled it and put up structures and built rail and road to it, it was worthless).  When TV and Radio broadcasters first started using the spectrum, it was worthless -- and we were even less confident in its potential value than we were of the land in the Homestead Act.  The spectrum did not have value until private broadcasters demonstrated it had value through their investment, development, and experimentation.

So is Congress next going to tell everyone who lives on homesteaded land that they received a massive public subsidy and that their land is now going to be taxed?  The current landowner would likely argue that they didn't get the land for free - they bought it for a substantial price from the previous owners, who bought if from someone else, who bought it from the original homesteader.  But the situation is no different in the broadcast spectrum.  Clear Channel did not get the spectrum for free -- it did not even exist for decades after the spectrum was homesteaded -- it paid a full market price for the spectrum it controls.

Postscript: However, I am happy to see even the leftish Obama Administration admit that public-interest programming is a questionable requirement.  Because broadcasters only make money if they broadcast things people want to see or hear, everything they do is "public-interest."  What is meant in practice by the term "public-interest" should actually be called "political-interest" programming, because this programming tends to be uninteresting to the great majority of the public (have you ever listened to the garbage at 5am on Sunday morning on radio?) but is supported by small niche groups that have disproportionate political influence.  Let's remove these requirements as stupid without holding up broadcasters for more taxes in exchange.

It is a beautiful day here, so I really don't have the time or desire right now to summarize the absolute mess that is the FTC discussion draft for the "reinvention of journalism," reinvention being a synonym apparently for government takeover.  Almost every proposal is fraught with unintended (or perhaps intended but hidden) consequences, faulty economics, and unprecedented attacks of the first amendment.  If you don't have the time to read it, I will try to summarize it next week, but just open it and scroll the bold headers with the proposals.  Its really outrageous.  Here are just some quick highlights:

• Substantial narrowing of fair use, with particular focus on how search engines and other online sites (e.g. blogs) use and/or have to pay for access to news sites
• Expansion of news copyrights on breaking news - ie certain papers will own the copyrights to certain news events if they are the first mover on it
• Increased government funding of news organizations along multiple vectors, from subsidies to guaranteed loans to income tax checkoffs to lower postal rates to Americorps programs for for journalists.
• Simultaneously reduce private funding of journalism through taxes, including a tax on advertisers
• Shift the organizational model of journalism from profit corporations (which rely on satisfying individuals to get their revenue) to non-profit organizations dependent on the government for funding
• New taxes on and licensing of the Internet.   New taxes on broadcast spectrum to subsidize print media (shifting money from media that are more hostile to the administration to print media and non-profits that are more sympathetic to the administration).

Here is the intro that was missing from the report:  "The New York Times and Newsweek can't figure out a profitable business model in the Internet age.  We propose the government step in with all means at its disposal to limit competition to these print media companies and create new government subsidies for their business.  Once their companies' profitability is absolutely dependent on these government mandates and subsidies, the Federal government will have a powerful source of leverage to protect itself from criticism in these outlets.  Once we have this situation in place, we will have a strong inventive to quash more independent outlets and maximize the market share of media companies beholden to the government.  In a large sense, our recommendations build off the success of the tobacco settlement experiment, where a few large companies agreed to pay the government large percentages of their future profits, and then the government worked diligently to quash new tobacco competitors to maximize the market share of those companies paying it settlement money."

Update: South Bend Seven makes an interesting comparison to campus newspapers.

It is pretty much a law of nature that issuers of securities hate short-selling.  They have tried for years to paint it as somehow unethical or at least unseemly, though it has always befuddled me as to why short-selling is any different than taking a long position on a security.  In both cases one is making a bet on future prices of the underlying asset, the only difference is in the direction.

But issuers of securities, whether they be corporate equities or government bonds, generally have strong personal incentives to see asset prices go up, or at least remain flat.  No CEO thinks short-selling is justified, but in fact the ability to sell short is critical to having quality pricing signals (see below for a discussion of how short-selling helps limit bubbles).

Of course, Corporate CEO's may gripe about short sellers, but they basically have to just live with them.  But governments are different.  They can actually ban what they don't like and have done so now in Germany.  What's next, a law saying that once you have bought a government security you are never allowed to sell it?

Postscript: Here is an example of how short selling reduces volatility.  First, some background

Chester Spatt, who was chief economist at the U.S. Securities and Exchange Commission from 2004 to 2007, said that Germany's short-selling ban would probably end up causing more market turbulence and not less.

"Like many types of well-intentioned regulation, this is likely to misfire," he said in an interview. "During our financial crisis in 2008, there was a ban on short-sales for about three weeks .... That ban was very counterproductive. It didn't help stabilize asset prices at all."

Here is an example of why this happens, as I discussed in an earlier post during that temporary US ban:

At the start of the bubble, a particular asset (be it an equity or a commodity like oil) is owned by a mix of people who have different expectations about future price movements.  For whatever reasons, in a bubble, a subset of the market develops rapidly rising expectations about the value of the asset.  They start buying the asset, and the price starts rising.  As the price rises, and these bulls buy in, folks who owned the asset previously and are less bullish about the future will sell to the new buyers.  The very fact of the rising price of the asset from this buying reinforces the bulls' feeling that the sky is the limit for prices, and bulls buy in even more.

Let's fast forward to a point where the price has risen to some stratospheric levels vs. the previous pricing as well as historical norms or ratios.  The ownership base for the asset is now disproportionately made up of those sky-is-the-limit bulls, while everyone who thought these guys were overly optimistic and a bit wonky have sold out. 99.9% of the world now thinks the asset is grossly overvalued.  But how does it come to earth?  After all, the only way the price can drop is if some owners sell [remember, we are discussing a world where naked shorting is banned], and all the owners are super-bulls who are unlikely to do so.  As a result, the bubble might continue and grow long after most of the world has seen the insanity of it.

Thus, we have short-selling.  Short-selling allows the other 99.9% who are not owners to sell part of the asset anyway, casting their financial vote for the value of the company.  Short-selling shortens bubbles, hastens the reckoning, and in the process generally reduces the wreckage on the back end.

Without short-selling, the only folks involved in the price-discovery process are those who have self-selected as being more bullish than average.  Short-selling vastly broadens the number of people, and thus the perspectives and information, involved in the pricing process.

I think "cargo cult" is a great moniker for this kind of regulation.  The price of European bonds are declining as lots of people sell?  Then lets ban selling, that will take care of the problem.   Just ignore that large government deficit behind the curtain.

John Stossel has this chart to clearly define the power that is OSHA regulation:

Wow, that sure makes a big difference.  Which confirms my experience as a business owner.  Financial incentives like workers comp rates are a FAR more powerful force, at least in my business, to root our safety issues than the arcane and bureaucratic mandates that flow out of OSHA.

This is one of the better simple explanations of both the appeal and hidden risk of CDO's. The example, which is short and is worth working through, ends this way:

Suppose that we misspecified the underlying probability of mortgage default and we later discover the true probability is not .05 but .06.  In terms of our original mortgages the true default rate is 20 percent higher than we thought--not good but not deadly either.  However, with this small error, the probability of default in the 10 tranche jumps from p=.0282 to p=.0775, a 175% increase.  Moreover, the probability of default of the CDO jumps from p=.0005 to p=.247, a 45,000% increase!

The dark magic of structured finance conjured many low-risk securities out of many risky securities.  Like all dark magic, however, the conjuring came at a price because if you didn't get the spell exactly correct it was easy to create something much more risky and dangerous than you were likely to have ever imagined.

As an ex-engineer who used to do a lot of operations analysis as well as post-disaster failure analysis, this shares a central theme that I have found in many such failures -- people tend to overestimate their own knowledge.

Coming in to a class at HBS, the professor had us all do a 20 question survey.  It asked us questions like "what is the population of Argentina" and then asked us to give the lowest and highest number we thought it would be such that the answer had a 95% chance of being in that range.  Based on this, only one of our 20 answers should have been out of my limits.  About eight of the answers were out of my ranges.  It was a really good lesson in overestimating one's knowledge.

Which leaves me with a thought -- if we define a large part of the problem as overestimating our understanding of a certain phenomenon, from your observation of the Obama administration and its personalities, what gives you any confidence that a new lager of government regulators will solve this problem?

Via the WSJ

A federal appeals court ruled last month that the Federal Communications Commission lacks the authority to regulate the Internet. No worries, mate. This week the Obama Administration chose to "reclassify" the Internet so it can regulate the Web anyway. This crowd is nothing if not legally creative.

For the past decade, broadband has been classified as an "information service" and thus more lightly regulated than traditional telephone services. This has led to an explosion of new investment and Web innovation, but it hasn't sat well with Democrats who want more control over the telecom business, as well as with some Web companies (Google) that want more leverage over Internet service providers like Time Warner or Verizon.

FCC Chairman Julius Genachowski did their dirty work this week by announcing that he plans to reclassify broadband lines so his agency can regulate them under rules that were written for Ma Bell in the 1930s. This means subjecting the Internet to new political supervision"”from the federal government and 50 state public utility commissions. The goal is to put one more industry under Washington's political thumb.

This is lifted from an email I got from America Outdoors

A little noticed provision in the recently passed health care reform bill will require every payment to corporations over $600 to be reported on a Form 1099 to the IRS, including payments for the purchase of merchandise and services. This provision takes effect in 2012.

The current law requires a Form 1099 to be submitted to the IRS when your business pays more than $600 for rent, interest, dividends, and non-employee services if the payments are made to entities other than corporations. Currently, payments made to a corporation and payments for merchandise are not required to be reported.

To file the required 1099, a business will have to obtain and keep track of a Taxpayer Information Number (TIN) from every vendor before submitting the 1099 to that business and the IRS. Under current tax law, one copy of the form is sent to the IRS, and another copy is sent to the person to whom the business made the payments.

Rep. Dan Lungren (CA-3) introduced "The Small Business Paperwork Mandate Elimination Act" (H.R. 5141). The legislation would repeal the expanded 1099 reporting requirement.  Lungren correctly asserts that the burdens placed on small businesses by this reporting requirement would be overwhelming.

Call your U.S. Representative today and ask them to cosponsor H.R. 5141. The House switchboard number is 202-225-3121.  Ask to be connected to your Representative's office.

My small business has over a thousand vendors.  I would have to hire someone full time for a month to do this.  And it would be to zero purpose.  The IRS would be so flooded with forms that there would be no way they could pull any useful information from the blizzard.  This is yet another example of legislators operating with absolutely no idea how commerce actually works.  We have coined a name for it within our firm -- we call it arrogant ignorance.

Chris Edwards at Cato had more on this a while back.

I'm stunned that there wasn't a broader debate before such a costly mandate was enacted. If it goes into effect, it will waste vast quantities of human effort in filling out forms, reworking computer systems, collecting and organizing data, and fighting the IRS. The struggling American economy can't afford anymore suffocating tax regulations. This mandate is a giant deadweight loss. It should be repealed.

Via the AZ Republic:

Rep. Jose Serrano is firing a brushback pitch at the state of Arizona for passing a strict new immigration law

Seeking Major League retribution, the Bronx Democrat will ask big-league baseball Commissioner Bud Selig to move the 2011 All-Star Game from Phoenix. Serrano will make his request to the commissioner in a letter to be sent later today.

I have made it pretty plain I don't like AZ's new immigration law, but this is silly.  While overly authoritarian, it is no more so than any number of cash confiscation or stop and search laws on the books in other states.  I am pretty sure Arizona could remain standing in a head-to-head fight between AZ and NY on whose laws are the most authoritarian.  A Representative of a city that bans trans fats, zones to exclude certain fast food restaurants, has proposed a salt ban and initiated a campaign against soft drinks needs to get his own authoritarian house in order.

I have written any number of times about government health care as the excuse to regulate nearly everything, since nearly every individual decision and activity can be argued to affect one's health.  If government is paying the health care bills, it now has an interest in regulating behaviors that might raise those bills.  Given the US government has been on a 80-year mission to end the concept of individual responsibility, Obamacare is a huge milestone.

Witness, yet again:

You see, Ms. Kaplan obviously thinks it is the role of government to "help Americans eat healthier" even if it means banning things.  My guess is she'd not be quite as ready for government bans it they had to do with, oh I don't know, books or something similar.The excuse?

In Santa Clara County, one out of every four kids is either overweight or obese. Among 2- to 5-year-olds from low-income families, the rate is one in three. The county health system spends millions of dollars a year treating kids for health problems related to obesity, and the tab is growing.

If you haven't yet figured out that the passage of ObamaCare has emboldened the nannies at all levels, this ought to make the case.  Trust me, this reporter didn't dig this nugget out.  It was handed to her by those trying to justify this power grab.

Yeah, I know this is just a local action, but this is just a market test for future similar federal actions.  I can just picture John Jay and James Madison arguing in a tavern.  "Jimmy, I am just not sure what kind of Constitution we need.  Well, John, whatever we do, we absolutely must make sure the Federal government has the power to ban toys from kids meals.  Oh, and to regulate salt content too.  After all, that's what we fought a war for."

Postscript: My question is, how long are health cost advocates going to nibble at the margins?  Childhood obesity costs are probably close to zero, in the grand scheme of things, despite the BS numbers from "advocates."  Two individual decisions drive a ton of health care costs - driving (the most dangerous activity we pursue, typically) and sex (not just in disease but in pre and post natal care).  And I wonder how long it will be before government health care costs treating gunshot victims will be used to trump 2nd amendment arguments?

I am confused by the recent argument for more financial regulation.  The argument seems to go that because Goldman Sachs may have committed fraud, then we need more laws making more things illegal.  But Goldman Sachs is accused of breaking existing laws.  Isn't that just an argument to enforce the laws we already have?  In fact, the government so far is stopping short of its full power to go after Goldman over the Abacus securities -- its seems like they would have a criminal fraud case but at the moment they are settling for a civil action.  In a sense, the government is not using against Goldman all the power it already has.

Of course, a cynical person could argue that the government has no real desire to go after Goldman, who after all is pretty deeply in bed with this Administration, and is pulling its punches in a show trial that will end up with Goldman fined .01% of its quarterly profit but with the Administration looking tough to fuzzy-headed voters and with Congress having something it can wave around to distract people while it passes another 1400 page bill no one has read.

I get tired of the perception that labor law is universally beneficial to people selling their labor, and that these laws are solely intended to reduce the ability of rapacious employers to exploit powerless workers.  It confuses people to no end when I say that minimum wage laws prevent workers from selling their labor for less than the minimum wage, and is therefore a restriction on every worker's freedom.  Supporters of the law say, that's can't be right, it simply must be helping all workers.

But I think anyone who has gone through the experience lately of trying to help their teen get a summer job knows this is not the case.  My son would gladly work for free or below minimum wage at any number of jobs to get experience.  Unfortunately, he must be paid the same minimum wage as someone with years of experience, and many large corporate chains have simply banned hiring of kids under 18 to avoid liability and labor law hassles associated with hiring teens.  The result is an astronomical unemployment rate for teens.

So here is another example, with the Feds cracking down on unpaid internships.  This is simply crazy.  The government has got to realize that there are useful and valuable things one can trade his labor for (e.g. experience, training) that can't be measured in money.

Of course, you know who is the greatest violator of these internship rules?  The organization that requires the longest hours for the least pay (well under minimum wage) for a huge portion of its staff?  Why, its the US Congress, but of course they exempt themselves from these laws.

Update:  From a commenter on Stossel's blog:

Maggie Hanson:

I have an unemployed friend trying to land work in a new field where she has no experience. She's up against experienced applicants. I suggested she offer her services for free as an intern for 3 months in exchange for learning on the job and a letter of recommendation. She told me she didn't think that was legal. I'm appalled to learn she is right! Yet how else is she going to get experience? She can't afford school. Internships are a free education.

Over the last several years, we have been replacing many of the full-sized pickups we use in our campground business with mini-trucks from Japan.  They are cheaper to insure, cheaper to buy, easy to repair, and get about 60 miles to the gallon.  We typically buy them used in container-loads of six or seven, and we used to get them for less than $10,000 a container -- now they cost almost this much individually.

This year the prices have sky-rocketed, and they have been hard to find.  I finally discovered the reason.  It seems the EPA has halted their importation.  These are trucks that are from an emissions regime (in Japan) harsher than ours and that have three times the gas mileage of the trucks they are replacing.  But apparently the EPA doesn't have rules for them and doesn't know how to categorize them, and anything a bureaucrat doesn't have rules for must be illegal, right?  So now we are forced to go back to full-size pickup truck purchases until the EPA can catch up with the market.

Update: Apparently the EPA is going to review these trucks model by model.  This is so stupid.  They need some kind of class waiver.

Here is as good a reason as any why many businesses (like mine) are currently reluctant to invest:

I've noted any number of times that government taxes comprise 14% of the national income and government spending is at 25% of the national income.

OK, so politicians have two alternatives -- they can make tough choices to reduce spending and reduce their own power, or they can just take more money from taxpayers and in so doing increase their personal power.  Gee, I wonder which will occur?

Combine this is a health care bill no one understands but everyone suspects will raise the price of labor and a climate bill that won't quite die that will raise the price of energy and therefore most other inputs, and is it any wonder that businesses are reluctant to invest when their three highest costs (taxes, labor, energy) are going up by some undetermined amount?

Econlog tells the story of how the FDA is blocking a drug for Restless Leg Syndrome because massive doses caused cancer in a few rats.  Millions of humans have taken the drug with no ill effect, but let a few rats dies, and the FDA refuses to approve it for a new use.

This reminded me of a story I meant to point out from the winter Olympics.  I think many people saw the US Bobsled team win the gold, piloted by Steve Holcomb.  Perhaps you heard the story of how Holcomb would have had to give up the sport several years ago due to a vision disorder until a new operation restored his sight.  But note the clause I have bolded:

Traditional corneal surgery would have left his eyes susceptible to damage from a jarring bobsled run. So last March he underwent a radical procedure, yet to be approved by the FDA, in which doctors implanted a lens behind each iris. When he woke from the surgery, Holcomb immediately noticed the detail of the palm trees in one of the posters on his doctor's wall. "An hour before, I didn't even know there were posters," he says. "It was a new world."

I wonder how many hoops he had to jump through to get the operation, and whether average people who are not on the Olympic team would have been able to get the same benefits.

From the SEC web site (via frequent contributor LK)

The Securities and Exchange Commission today voted to provide public companies with interpretive guidance on existing SEC disclosure requirements as they apply to business or legal developments relating to the issue of climate change.

I haven't seen anyone explain the reason for this requirement, so I thought I would do so.  Companies know that no real investor is going to pay any attention to these climate disclosures, so to avoid any future action accusing them of not being forthcoming enough, companies are going to go overboard outlining potential risks far beyond what they think is likely.  These exaggerations will protect them from the SEC while at the same time having no effect on their stock price.  Then, alarmists will collate all of these and use them as evidence of the high cost of climate change, saying "see, look at what all these public companies are saying climte change will do to them."  Lacking any evidence of harmful climate change in the actual climate or economy, this is one way to manufacture fake evidence.

By the way, here is the diclosure every oil company should put in their reports:

Notice:  Poplist politicians are very likely to demagogue this company for a wide-range of imagined crimes in an attempt to get re-elected, including crimes against the climate in various forms.   Politicians will attempt to preferentially saddle this company with new taxes and regulations given that this company is not liked by many voters (despite the fact that many of these voters freelydo business with this company).  Politicians will likely continue to try to sieze portions of this company's earnings, despite the fact that those earnings are relatively low given the magnitude of the our investments and the amount of value we add.

I have written any number of times about how the justification for licensing is usually consumer protection or safety but the actual purpose is to protect larger, entrenched incumbents against competition.  However, most of those stories have been about caskets or hair braiding or other businesses that don't really affect me.  This time, its personal.

Sometime last October we needed a boat moved across the country from one of our marinas to another.  We found a local guy who was going in the right direction anyway and paid him a couple hundred bucks to haul the boat on a trailer behind his pickup.  Note that this is a perfectly ordinary pickup truck and a perfectly normal pontoon boat, the kind of car-trailer rig you can see thousands of people driving to the lake every Saturday morning.

The driver was stopped at a checkpoint in Wyoming.  And was busted there, at least long enough until he could give them my name and number and escape.

Why was he busted?  Because a) the truck/boat combination apparently weighed a tad more than 10,000 pounds and b) the boat was being moved for a commercial purpose  (i.e. it was a business asset).  Unknown to me, the combination of these two takes this transport event to the realm of "commercial carrier," which requires a Department of Transportation (DOT) license and a slew of regulatory responses.   Technically, the contractor we paid was at fault, but he escaped any legal problems because 1) he claimed he was our employee (untrue) and 2) he claimed he was driving our truck (untrue).  This led to Wyoming and later the DOT calling me asking for my DOT number (which I didn't have), my employment records (for a person who is not my employee) and my vehicle records (for a truck I have never owned).

Months later, I am still going back and forth with the cops in Wyoming.  But in the mean time I decided that since I was likely to move my stuff across state lines again, I might as well get my DOT number.  So I started that process.

As it turns out, there is absolutely no difference in regulation and compliance requirements between driving my own boat across state lines once a year and running United Van Lines.   The regulations one has to know are hundreds of pages long.  The user-friendly summary is 162 pages long! And it is careful to state, "Please do not use this guide as a substitute for the Federal Motor Carrier Safety Regulations."  There are driver and vehicle files that have to be maintained, special driver certifications, driver medical tests and certifications, etc.

In other words, there is absolutely no accommodation for a company like ours that is doing nothing different than you are driving you boat to the lake, but we have to set up a compliance and record-keeping system that trucking companies have whole departments for.  Which, of course, is the point.  Compliance costs for regulations can always be born easier by large companies and by incumbents.  The idea is to make it so onerous for individual companies to move their own boats that they are willing to pay over-priced Teamster-friendly trucking corporations to do it for them.  The point is not to make us safer - the average individual unregulated boater hauls boats more miles a year than we do - the point is to make sure we don't compete, even in the smallest way, with established trucking firms.

By the way, the issue that is likely to kill the deal totally on our getting a DOT number is the government mandate that I drug test my employees.  The relationship I wish to have with my employees is not one that encompasses my demanding samples of their bodily fluids on a regular basis.  I have turned down at least two potentially lucrative management contracts because both had drug-testing requirements and I am not going to do it.

While private banks are paying back their TARP money, Fannie and Freddie have been given a new blank check:

It's a favorite government trick to announce bad news on a Friday afternoon, so it appears in Saturday's paper, the least likely edition to be read. By Sunday and Monday, it's old news. The Obama Treasury just went one better, announcing on Christmas Eve that they were uncapping the amount they believe will have to be invested in Fannie and Freddie. The Bush Treasury first estimated the government-sponsored enterprises' (GSEs) losses at $100 billion each. The Obama administration, which has been using the GSEs to stabilize the housing market by reducing their underwriting standards, upped the ante to $200 billion each. Now the administration has thrown in the towel completely, and dropped a large lump of coal in each taxpayer's stocking"”it won't even try to estimate the total losses of Fannie and Freddie.

For extra special bonus style points, Fannie and Freddie executives will apparently receive multi-million dollar pay packages that the pay czar will be denying to many private banks.

But even as the administration was making this open-ended financial commitment, Fannie Mae and Freddie Mac disclosed that they had received approval from their federal regulator to pay $42 million in Wall Street-style compensation packages to 12 top executives for 2009.

In other news, the Feds are also propping up another quasi-governmental agency with more cash

GMAC, the ailing financing arm of General Motors, is set to receive around $3.5 billion in government aid, ABC News has learned. The funds would be the third infusion of federal support for the troubled lender.

The latest government aid would bring the total federal assistance for GMAC to $16 billion when combined with the $12.5 billion that the lender has already received dating back to December 2008. Due to its prior cash infusions, the government already owns 35 percent of GMAC.

GMAC continues to lose money because every time it gets more taxpayer money, it starts offering zero percent financing deals.

Immediately after GMAC became eligible for TARP money, GM reduced to zero the interest rate"¦ on certain models. This, of course, penalizes GM competitors, including Toyota, Honda and other "transplants" whose cars are made in America by Americans for Americans, and Ford, which does not have the freedom of maneuver conferred by TARP money because Ford is not taking any"¦

GMAC has begun making loans to borrowers with credit scores as low as 621, a significant relaxation of the 700 minimum score the company adopted just three months ago as it struggled to survive. America's median credit score is 723"¦

This perhaps might explain why GM, unlike other banks with low stress-test scores, was unable to get any private capital.   Because lenders know GMAC will just hand the money over to car buyers with little prospect for getting any value back in return.  Incentives for GMAC to take losses to sell cars, always an issue under GM's private management, will only increase as the Administration looks to create some evidence - any evidence - that their GM investment isn't a total dog.  Witness $3 billion in cash for clunkers funds that went to buy $1 billion of used vehicles.

Postscript: Related news, the 10 most ridiculous uses of stimulus funds. Seems like there would be a lot of competition for this award.

Ever get that feeling like the Obama White House doesn't have a clue as to what it takes to actually run a business, make investments, hire people, sell a product, etc?  There is a reason for that:

It has been fascinating to watch George McGovern change his tune about much of the regulatory state over the last 10 years as he has actually tried to run a business.

Megan McArdle has two posts here and here on consumer credit and payday loans.  My chief takeaway is that the majority generally benefits from the availability of diverse (though sometimes expensive) forms of consumer credit, while a minority are tragically and very visibly worse off.  The question seems to boil down to whether regulation should be crafted that relatively invisibly makes the majority worse off but visibly helps a minority.  This same question exists with programs from trade protectionism (where job losses due to foreign trade are more visible than the broader well-being of consumers and customer industries) to health care (where it looks like a lot of people will have worse health care to help a few people with visibly tragic stories). In all these cases are elites who are more than willing to opine that smart people like themselves should be allowed to force their "superior" decision-making on others.

The other thing I found intersting was her discussion of the Dave Ramsey anti-debt formula.  She imagines a Ramsey-ite world with a high savings rate.  But its a weird world with with lots of capital formation but little actual capital use.  My gut feel is that it is almost certainly a poorer world, given how much technology and new wealth is created by entrepeneurship.  While I am sure some do it, few great entrepeneurs created success without debt.

One thing neither post discusses is the role of loansharking and illegal forms of credit.  The need for credit strikes me to be at least as strong as the need to gamble or get illegal drugs.  If getting credit becomes illegal, then people will go underground for their credit, with almost certainly more dire consequences than over-paying a payday loan company.

Last week I wrote:

I had an employee in a truck towing a pontoon boat from a marina we operate in Alabama to a marina we operate in California.  Apparently, we have grossly violated the law because to haul our boat from our own facility in one state to our own facility in another requires that we register as an interstate motor carrier and put DOT numbers on all of our vehicles.  Just great.  Who wants to bet that this will be an enormous and expensive hassle?

I dumped the compliance task on my Chief Operating Officer, who routinely deals with a lot of really irritating compliance issues without complaining.  He sent me this email this morning:

I've now left at least 5 recorded messages for USDOT employees, and spoken to 3 of them. I almost have my arms around this compliance issue. This was a very cruel assignment...will never forget this

I had an employee in a truck towing a pontoon boat from a marina we operate in Alabama to a marina we operate in California.  Apparently, we have grossly violated the law because to haul our boat from our own facility in one state to our own facility in another requires that we register as an interstate motor carrier and put DOT numbers on all of our vehicles.  Just great.  Who wants to bet that this will be an enormous and expensive hassle?

Update: Credit where it is due:  The application online was totally arcane (and of course the help link and instructions links were broken) but the guy at the DOT help line was remarkably helpful and walked me through it.  It was pretty clear that a lot of folks who casually transport their private property across state lines gets swept up in this net, and they actually were prepared to be helpful.  I did have to laugh when the very first screen of the application process was to get my credit card number - I think this clarifies the reason for this licensing process.

I have shared before the main problem with all these new fake "rights"  (e.g. right to healthcare, right to a job, etc.).  Our original Constitutional rights were merely checks on government - they said the government could not pass laws to prevent us from doing certain things or invade our homes without some sort of due process, etc.  But these new rights require that some previously free individual be coerced into providing money or labor or both to supply others with these new rights.    I often use the desert island test - if you can't have the right alone on a desert island, its not a right.

But what I had not realized until recently is that many of these new fake rights also share in common a level of compulsion on the beneficiary  (not just the payer and provider).  For example, you have the right to bear arms and engage in free speech, but you are not required to own a gun or speak in public.   But you will be required to use, and pay for, your new "right" to health care, at the threat of a term in prison.   In this light, its doubly perverse to call something like health care a "right."  How can something which government uses compulsion on the payers, the providers, and the users be associated with so clean and moral a notion as a "right."  Freedom of religion is a right.  Health care is a want.

I got to thinking about this even more with "the right to a job at a fair wage," embodied in such laws as the Fair Labor Standards Act.  Proponents of such a right would consider it a victory that employers have been compelled to not pay less than $7.25 an hour for labor.   But the beneficiary is the subject of compulsion as well.  This law also means that I cannot sell my labor at less than $7.25, even if I am willing (even eager) to do so.    This means that if my choices are to sell my labor at $6.00 or for nothing, the government compels me to be unemployed.  My son is 16 and would like a retail job, preferably around books this summer.  Having real job experience and customer contact experience, for him at his age, is worth enough that he would likely work for free.  But he can't work for free, because the Fair Labor Standards Act only allows compensation to be valued in monetary terms - non-monetary benefits like skills improvements don't count.  So, given the economy, my son will likely not work next summer.  All for his own good, of course.

My company exited business in Washington State about 3 years ago, and since then I have routinely turned down new business opportunities in the state.  The workers comp system is expensive, the sales and lodging tax regime is both expensive and complicated, and minimum wage rates are set to crack $10 an hour, and are indexed in some raise that they seem to rise substantially every year.  The state made it very difficult to manage a fleet of vehicles in the state, and generally made it clear that they would rather me not doing business there.  So I don't.

And apparently, Boeing has come to the same conclusion.

Via a reader, from the AZ Republic:

A Phoenix ordinance banning charity dining halls in residential neighborhoods withstood a challenge by a north-central Phoenix church.

Retired Arizona Supreme Court Justice Robert Corcoran, serving as a hearing officer, ruled Monday that feeding the homeless at a place of worship can be banned by city ordinance. The decision affects all Phoenix churches with underlying residential zoning.

Over the summer, city officials maintained that CrossRoads United Methodist Church, 7901 N. Central Ave., violated Phoenix zoning code by feeding the poor and homeless on its property, a use that can only occur in commercial or industrial zones.

You will be relieved to know that this has nothing to do with a wealthy people fearing that their Xanax-induced equilibrium will be upset by actually seeing a poor person in their neighborhood.   We are assured as such by Paul Barnes, a "neighborhood activist" who presumably participated in the suit to stop the Church from holding pancake prayer-breakfasts:

"It's not a problem with homeless people in wealthy neighborhoods. That would be a matter of prejudice. This issue would be setting churches up to avoid zoning ordinances."

Wow, I am so relieved.  And we all know what a problem it is when churches are organized solely to evade zoning regulations.  Why, just last week the First Baptist Church and Gas Station as well as the United Methodist Church and Topless Bar opened right in my neighborhood.

You will be happy to know as well that the Constitution in no way limits the government in any way when it wants to regulate your property:

In a 19-page opinion, [Judge] Corcoran said the city can restrict where the homeless and poor can be fed and that zoning regulations apply to everyone equally. Additionally, he said that trumping land-use regulations is not a constitutional right.

Whew - yet another assault on the rights of government bureaucrats has been bravely turned aside.

Update: More random embedding of ads by the Republic.  They are putting them between words in the paragraph now.  RRRRRR.  Hopefully it is gone now.

...except when we do.  I think everyone pretty much assumed that Obama's promise of treating GM like a real business and not as a political plaything was BS from the start, particularly when Congress started intervening in dealer-closure decisions about 5 seconds after the promise left Obama's lips.

Henry Payne has a roundup of Congressional micro-management at GM.  One example:

Chrysler and GM have moved aggressively to cut their transportation costs, effecting Teamster jobs and riling the union's political friends. Chrysler, for example, will save 25 percent of its $111 million annual hauling budget by transferring to lower-cost carriers. But Michigan reps from both sides of the aisle are unimpressed, reports the Detroit News. "Relatively minor short-term cost savings generated by shifting this work to non-unionized companies is greatly outweighed by the elimination of good-paying, union middle-class jobs," complains Michigan Republican Thaddeus McCotter.

What do "good-paying" trucking jobs have anything to do with GM's health?