Posts tagged ‘security’

Great Moments in Government Process Innovation

I have noticed recently that the TSA has created split lines at many airport security screening posts - one for experienced travelers and one for "casual" travelers - i.e. noobs.

I have no problem with the basic idea.  Long ago I began advocating special lines for public electronic devices (airport boarding pass machines, supermarket self-checkout, ATM's) for people with IQ's over 90 because I always seemed to get behind the person who had never even seen a keyboard in their life.

But the actual execution of this concept in airports is laughable.  In the last 4 airports I have been in, the split between passengers who know what they are doing and those who don't is only through the screener who checks ID.  Even the lamest travel noobs are generally able to cough up an ID and boarding pass without too much trouble (though I will say I always seem to get behind the guy traveling on some bizarre 1930's-era League of Nations passport that seems to take forever to process).  However, after this ID screening the two lines come back together and everyone is mixed again.  Just in time to hit the x-ray screening station, where inexperienced travelers can hold up the line for hours.

Germany's Ban on Short-Selling

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.

Overzealous Prosecution

It sure looks like the Feds are bending over backwards to make sure R. Allen Stanford, accused of massive investment fraud, is not allowed to defend himself.  The Feds are running the whole playbook at him, from onerous pre-trial detention requirements to asset forfeiture (the latter to the point that the Feds are working to make sure the insurance policy he had to pay for his defense in such actions is not allowed to pay him.)  I understand that a guy who has substantial interest in offshore banking centers might be a flight risk, but this is absurd:

Mr. Stanford has been incarcerated since June 18, 2009 and was moved to the [Federal Detention Center] on September 29, 2009. Immediately upon his arrival at the FDC, he underwent general anesthesia surgery due to injuries that were inflicted upon him at the Joe Corley Detention Facility. He was then immediately taken from surgery and placed in the Maximum Security Section "” known as the "Special Housing Unit" (SHU) "” in a 7' x 6 1/2' solitary cell. He was kept there, 24 hours a day, unless visited by his lawyers. No other visitors were permitted, nor was he permitted to make or receive telephone calls. He had virtually no contact with other human beings, except for guards or his lawyers.

When he was taken from his cell, even for legal visits, he was forced to put his hands behind his back and place them through a small opening in the door. He then was handcuffed, with his arms behind his back, and removed from his cell. After being searched, he was escorted to the attorney visiting room down the hall from his cell; he was placed in the room and then the guards locked the heavy steel door. He was required, again, to back up to the door and place his shackled hands through the opening, so that the handcuffs could be removed. At the conclusion of his legal visits, he was handcuffed through the steel door, again, and then taken to a different cell where he was once again required to back up to the cell door to have his handcuffs removed and then forced to remove all of his clothing. Once he was nude, the guards then conducted a complete, external and internal search of his body, including his anus and genitalia. He was then shackled and returned to his cell. In his cell there was neither a television nor a radio and only minimal reading material  was made available to him. He remained there in complete solitude and isolation until the next time his lawyers returned for a visit.

In short, Mr. Stanford was confined under the same maximum security conditions as a convicted death row prisoner, even though the allegations against him are for white collar, non-violent offenses. He is certainly not viewed as someone who poses a threat to other persons or the community, nevertheless, he has been deprived of human contact, communication with family and friends, and was incarcerated under conditions reserved for the most violent of convicted criminals. Officials at the FDC informed counsel that this was for Mr. Stanford's "own protection" and to minimize their liability.  .  .  .

Remember, he has not been convicted -- this is pre-trial detention.  The sole goal, legally, is supposed to be to keep him from fleeing before his trial.

I am sensitive to this from my climate work.  My gut feel is that people who are truly confident in their case do not work overtime to make sure their opposition is not allowed to make their case.

The Most Outlandish Historical Revisionism I Have Ever Seen

First, the background.  Veronique de Rugy writes something that is undeniably true, though the Left has played semantic games with words like "trust fund" and "lockbox" for years to try to "shelter" the public from this reality:

In practice, [] the trust fund and interest payments it receives are simply accounting fiction. For years, the federal government has been borrowing the Social Security Trust Fund assets for its daily spending. The fund has nothing left in it except IOUs from the federal government. In fact, even the interest is paid in IOUs.

Hence, the only way Social Security will not go into the red this year and in future years is if the federal government pays back Social Security. But since the money has long ago been consumed, it must borrow money from the public or raise taxes to pay its Social Security debts.

In response, Kevin Drum whips out this absolutely stunning statement:

Back in 1983, we made a deal. The deal was this: for 30 years poor people would overpay their taxes, building up the trust fund and helping lower the taxes of the rich. For the next 30 years, rich people would overpay their taxes, drawing down the trust fund and helping lower the taxes of the poor.1

Well, the first 30 years are about up. And now the rich are complaining about the deal that Alan Greenspan cut back in 1983. As it happens, I agree that it was a bad deal. If it were up to me, I'd fund Social Security out of current taxes and leave it at that. But it doesn't matter. Once the deal is made, you can't stop halfway through and toss it out. The rich got their subsidy for 30 years, and soon it's going to be time to raise their taxes and use it to subsidize the poor. Any other option would be an unconscionable fraud.

I really had a WTF moment when reading this.  Its hard to know where to start, so here are some reactions in semi-random order:

  • For those of you over 40, do you remember such a deal?  No, you don't, because there never was one.  What happened was that Congress decided to sweep the Social Security surplus into the deficit calculation in order to disguise the magnitude of unsustainable spending, to help prevent the kind of electoral backlash we may well see later this year.  This is Soviet-style history making.
  • Here is a thought problem: Picture Tip O'Neil, Speaker of the Democrat dominated House of Representatives at the time, publicly signing on to a deal that the poor would pay higher taxes for 30 years to give the rich a tax break.  It is a total joke to even consider.   The absurdity of such a notion is mind-boggling.
  • It took me a while to parse this and figure out what he was even talking about.   For example, there was never a tax increase to the poor during the 1980's, so what does he mean that the poor would pay more for 30 years?  The only way this can even be the correct view of the world is if one makes two assumptions:
      1. Everything Congress chooses to spend money on is perfectly, morally justifiable and therefore spending levels are a fact of nature beyond our ability to challenge or question
      2. Rich people have the moral obligation to pay for all incremental government programs, and all budget gaps will be closed by new taxes on rich people.  Taxes on rich people, as a corollary, are never too high.

      Given these assumptions, then the "Deal" sort of kind of makes sense.  By the progressive "logic" of these two assumptions, social security taxes in an alternate world would have been reduced during the surplus and the general budget deficit would have been filled not with social security surpluses but higher taxes on the rich.

      • The previous logic depends on treating social security taxes as unfairly regressive taxes as part of an income transfer / welfare program.  If you treat them as premiums in an insurance program, the retroactive logic trying to cast this as a "deal" in 1983 doesn't work.  Interestingly, many on the left in other forums have argued against calling social security taxes anything but insurance premiums, including....Kevin Drum

      The men in my family of my father's generation returned home after serving their country and got jobs in the local steel mills, as had their fathers and their grandfathers. In exchange for their brawn, sweat, and expertise, the steel mills promised these men certain benefits. In exchange for Social Security taxes withheld from their already modest paychecks, the government promised these men certain benefits as well.

      "¦.These were church-attending, flag-waving, football-loving, honest family men. They are rightfully proud of providing homes and educations for their children and instilling the sorts of values and manners that serve them well as adults. And if I have to move heaven and earth, now that they've retired, the Republican party is NOT going to redefine them as welfare recipients.

      • Note by the way, that if this really is an insurance program, any private insurer or private pension fund managers in America would be in jail had they done what our trustworthy federal government did.  In effect, they spent other people's pension money on current operations.

      If we want to describe the last 30 year history of Social Security surpluses as a deal, here is what the actual deal was without ex post facto varnish:  Congress in the eighties said that they were going to spend that surplus money now to get themselves re-elected, and some other Congress 30 years hence would have to figure out how to deal with the bare cupboard.   That was the deal.  It was a simple screw you to future generations.

      Drum, given his progressive assumptions, fantasizes a deal based on his assumption that the only way to fill in the hole is with higher taxes on the rich, because his mind is incapable of wrapping itself around any other alternatives (see the two assumptions above).

      But it is worth noting that the surplus was in the main handed away by the Democrats to the poor and middle class through new entitlement spending.  Its hard to figure how a series of actions that took seniors pensions and frittered it away in a variety of programs that at best helped the poor and in reality probably helped no one but government bureaucrats somehow obligates the rich to pay 30 years of new taxes to clean the whole mess up.

      Friday Funny, Two Days Late

      I make fun of homeopathy from time to time here, so I thought this was hilarious, via Megan McArdle.

      Homeopathic bombs are comprised of 99.9% water but contain the merest trace element of explosive. The solution is then repeatedly diluted so as to leave only the memory of the explosive in the water molecules. According to the laws of homeopathy, the more that the water is diluted, the more powerful the bomb becomes.

      'It was only a matter of time before these people got hold of the material that they needed to make these bombs,' said former UN weapons inspector, Hans Blix, 'The world is a much more dangerous place with the advent of these Weapons of Mass Dilution.'

      'A homeopathic attack could bring entire cities to a standstill,' said BBC Security Correspondent, Frank Gardner, 'Large numbers of people could easily become convinced that they have been killed and hospitals would be unable to cope with the massive influx of the 'walking suggestible'.'

      The severity of the situation has already resulted in the New Age terror threat level being raised from 'lilac' to the more worrisome 'purple' aura. Meanwhile, new security measures at airports require that all water bottles be scanned to ensure that they are not being used to smuggle the memory of an explosion on board a plane.

      Speaking of making fun of homeopathy, I saw Penn and Teller in Phoenix on Friday.  Very enjoyable show.   I have a sense their Vegas show is more "adult," but their road show was appropriate for the whole family (unless you are really uptight and/or politically correct).

      If I Had to Listen to Congress Every Day I'd Short Treasuries Too

      Repeat after me:  There is nothing wrong, immoral, evil, or even unsavory about short-selling.  No one gets mad at you for selling an over-valued security which you actually own, so there should be no ethical difference in selling an over-valued security you don't actually own.  Somehow people who are traditionally long in the market (e.g. corporate executives) have convinced the world that short-sellers should be vilified.  I don't understand it.  If you love the stock and short-sellers drive it down, you should treat it as a gift that the stock you love can now be bought more cheaply.

      So I thought this was particularly awesome:

      On Oct. 8 and 9, 2008"”as the Federal Reserve was bailing out American International Group Inc."”an account Sen. Isakson held invested more than $30,000 in ProShares UltraShort 7-10 Year Treasury and UltraShort 20+ Year Treasury, the records show. These are "leveraged short" funds, designed to gain $2 for each $1 drop in the daily value of U.S. Treasury bonds.

      Isakson claims he was not actively managing the account, a claim that is probably true given the ethics rules in Congress (not that anyone follows those).  My response in his place would have been, "F*cking-A right I was shorting government bonds.  Haven't you been paying attention over the last 12 months?"

      Unfortunately, Isakson falls out of my hero category into my "hypocritical goat" category for this:

      In February, Sen. Johnny Isakson (R., Ga.) argued on the Senate floor that "we don't need those speculating in the marketplace to take unfair advantage of the values of equities that are owned by Americans all over this country for the sake of making a buck on a short sale."

      Again this unaccountable bias that somehow people who are long are morally superior, and somehow more entitled, than people who are short.

      Ht Radley Balko

      Infographic of the Day

      It's either this one, via Flowing Data

      Can't you picture some Federal bureaucrat with purview somehow over wood pallet fires trying to fan the flames of public opinion in the interests of his or her job security and budget?

      The other candidate is this from an outstanding XKCD post on a color naming survey he did (via TJIC).

      The whole post is hilarious and worth you time.

      Government Speak

      This is from the national ID card portion of the Democrat's immigration proposal:

      Tough penalties will be put in place for fraud in procurement of a fraud-proof social security card.

      Jim Harper has a thorough analysis of the proposal at the link.  My fear is the Republicans and Democrats will one day realize how similar they are on this issue and agree to an authoritarian compromise.

      Thought For the Day

      Radley Balko with this observation:

      I don't promote government failure, I expect it. And my expectations are met fairly often. What I promote is the idea that more people share my expectations, so fewer people are harmed by government failure, and so we can stop this slide toward increasingly large portions of our lives being subject to the whims, interests, and prejudices of politicians.

      I will concede that there's a problem, here. In the private sector failure leads to obsolescence (unless you happen to work for a portion of the private sector that politicians think should be preserved in spite of failure). When government fails, people like Dinauer and, well, the government claim it's a sign that we need more government. It's not that government did a poor job, or is a poor mechanism for addressing that particular problem, it's that there just wasn't enough government. Of course, the same people will point to what they call government success as, also, a good argument for more government.

      It's a nifty trick. The right does it with national security. The fact that we haven't had a major terrorist attack since September 11, 2001 proves that the Bush administration's heavy-handed, high-security approach to fighting terrorism worked! But if we had suffered another attack, the same people would have been arguing that we need to surrender more of our civil liberties to the security state. Two sides. Same coin.

      Capitalism and Developing Countries

      Long ago on this site, I wrote this:

      More recently, progressives have turned their economic attention to lesser developed nations.  Progressives go nuts on the topic of Globalization.  Without tight security, G7 and IMF conferences have and would devolve into riots and destruction at the hands of progressives, as happened famously in Seattle.  Analyzing the Globalization movement is a bit hard, as rational discourse is not always a huge part of the "scene", and what is said is not always logical or internally consistent.  The one thing I can make of this is that progressives intensely dislike the change that is occurring rapidly in third world economies, particularly since these changes are often driven by commerce and capitalists.

      Progressives do not like American factories appearing in third world countries, paying locals wages progressives feel are too low, and disrupting agrarian economies with which progressives were more comfortable.  But these changes are all the sum of actions by individuals, so it is illustrative to think about what is going on in these countries at the individual level.

      One morning, a rice farmer in southeast Asia might faces a choice.  He can continue a life of brutal, back-breaking labor from dawn to dusk for what is essentially subsistence earnings.  He can continue to see a large number of his children die young from malnutrition and disease.  He can continue a lifestyle so static, so devoid of opportunity for advancement, that it is nearly identical to the life led by his ancestors in the same spot a thousand years ago.

      Or, he can go to the local Nike factory, work long hours (but certainly no longer than he worked in the field) for low pay (but certainly more than he was making subsistence farming) and take a shot at changing his life.  And you know what, many men (and women) in his position choose the Nike factory.  And progressives hate this.  They distrust this choice.  They distrust the change.  And, at its heart, that is what the opposition to globalization is all about "“ a deep seated conservatism that distrusts the decision-making of individuals and fears change, change that ironically might finally pull people out of untold generations of utter poverty.

      Which is why I really enjoyed this article linked by Mark Perry:

      "Years after activists accused Nike and other Western brands of running Third World sweatshops, the issue has taken a surprising turn. The path of discovery winds from coastal factory floors far into China's interior, past women knee-deep in streams pounding laundry. It continues down a dusty village lane to a startling sight: arrays of gleaming three-story houses with balconies, balustrades and even Greek columns rising from rice paddies.

      It turns out that factory workers -- not the activists labeled "preachy" by one expert, and not the Nike executives so wounded by criticism -- get the last laugh. Villagers who "went out," as Chinese say, for what critics described as dead-end manufacturing jobs are sending money back and returning with savings, building houses and starting businesses.

      Workers who stitched shoes for Nike and apparel for Columbia Sportswear, both based near Beaverton, Oregon, are fueling a wave of prosperity in rural China.

      Update: I would have thought it unnecessary to add these provisos, but apparently per the comments it is necessary for some.  Of course people need to be treated as human beings.  Companies in some poor countries that are using the power of local government to actually enslave workers or to employ them in non-consensual ways are not organizations a good libertarian would ever defend, as our bedrock principle is to deal with other human beings without force or fraud.

      My point is that we cannot apply our wealthy middle class values to the pay/benefits/workweek package being offered in poor countries.  To my mind it is immoral to try to deny poor people in poor companies jobs just because we rich people in the US would not consider taking such a job.  This arrogant and frankly clueless attitude forgets a critical question - what is their alternative?  We may think the Nike factory job sucks, and against the choices we have it probably does, but I would bet the subsistence rice farming job, with one's family always one bad harvest away from starvation, would suck worse.  Of course we should aspire that everyone in the world can work in an air conditioned building for $40,000 a year while spending most of the day surfing the Internet and texting friends complaining that they are underpaid.  But you can't tell these countries that the only ladder they can use to escape poverty doesn't have any rungs in the first 20 feet.

      Forced Loans

      Every year, the government forced nearly every working American to give it an interest-free loan.   Each person pays his taxes (via legally required withholding) as much as 16 months early, with not a cent of interest from the government for this loan of funds.  Several states have been toying of late  (and California actually implemented) schemes in which the required withholding rates are jacked far above any conceivable level of tax liability.  These are desperate financing approaches from entities who are no longer able to borrow (or afford the interest of) money at arms length, and so much use the coercive power of the government to force its citizens to fork over interest free loans.

      Apparently, the Obama administration is looking at such a scheme, but on steriods:

      The U.S. Treasury and Labor Departments will ask for public comment as soon as next week on ways to promote the conversion of 401(k) savings and Individual Retirement Accounts into annuities or other steady payment streams, according to Assistant Labor Secretary Phyllis C. Borzi and Deputy Assistant Treasury Secretary Mark Iwry, who are spearheading the effort.

      Whatever their stated justification (I am sure it is somehow for the children), I think Dale Franks gets at the actual motivation:

      There literally isn't enough money in the world to float the T-notes the Treasury must issue in order to prop up our unsustainable spending path.  There are, however, about $3.6 trillion in funds just sitting in 401(k) accounts.  If the government can urge"“or force"“you to convert your 401(k) into T-note funded annuities, the Treasury can continue to issue those notes to float the government's deficit.  Essentially, you'll be converting your retirement funds into an IOU from the government"¦just like your social security account has already done.

      This will allow the Treasury to keep borrowing money"“from your retirement"“in order to keep issuing more debt that they may or may not be able to pay back to you

      Security Theater

      I am a little late to the game, but in case you have not seen the new DHS regs (apparently only in place until December 30, when they will no doubt come up with something even stupider, here they are.

      Highlights:

      • Physical patdowns of some but not all of a passenger's body, to exclude areas of the body actually used by the recent terrorist to secret his bomb components.
      • No getting up in the last hour of the flight, for no good reason than the last threat occurred in the last hour of the flight.  Of course, the 9/11 hijackings occurred in the first hour of the flight.
      • Services that are actually starting to make air flight more tolerable are banned, including midair Internet access and real-time satellite TV feeds.  And no more of that telling you where you are and how long until you land - you'll just have to wait for the landing gear to kiss the ground to know when you are landing.
      • Everything that was inspected at the security point has to be reinspected at the gate
      • Don't bother trying to read anything on the flight or occupy your mind in any way - personal items banned in the first and last hour.
      • Only one carry-on, so plan to check your bag, paying the airline to do so, and then add an extra 45 minutes at your destination to wait for it to finally be delivered back to you.

      I used to fly about 100,000 miles a year in this job.  I am now down to 25,000, despite the fact my business is even more spread out.  A bit more effort from the DHS and I will get it down to zero.

      Explain the Difference

      Is there any difference between Hugo Chavez and Barack Obama in terms of how they approach the auto industry?  "Make the kind of cars I thing you should, or the government will take you over."

      Mr. Chavez said his socialist government is going to apply strict quotas regarding the number and types of vehicles auto makers can produce. The president also ordered his trade minister, Eduardo Saman, to inspect the Toyota plant, saying it may not be making enough "rustic vehicles," a style of all-terrain vehicle that is much-needed in Venezuela's countryside, where they are often converted into minibuses.

      "They'll have to fulfill [the quotas], and if not, they can get out," Mr. Chavez said during a televised address. "We'll bring in another company."

      He said if the inspection shows Toyota isn't producing what he thinks it should and isn't transferring technology, the government may consider taking over its plant and have a Chinese company operate it. "We'll take it, we'll expropriate it, we'll pay them what it's worth and immediately call on the Chinese," Mr. Chavez said. Chinese companies, he said, are willing to make vehicles made for the countryside.

      It seems like Venezuelan workers want the same deal Obama gave the UAW:

      Venezuela's auto sector is in tatters amid recurring labor problems that have led to a lack of productivity. Analysts say many auto workers hope their company is nationalized so they can become de facto government workers and enjoy the extra job security that comes with that status.

      By the way, this seems like a suckers play -- please put more valuable stuff in your store window so when we break in there is more to steal:

      Mr. Chavez said late Wednesday the Japanese auto maker needs to transfer more new technologies and manufacturing methods from headquarters to its local unit in Venezuela.

      While Mr. Chavez directed most of his criticism at Toyota, he said other auto assemblers, including Fiat SpA and General Motors, are also guilty of not sharing technology from abroad with their Venezuelan units.

      The left often seems to imply that the US government is too eager to shed blood to protect American industry overseas, but in point of fact American industry has had to live with the reality for decades that foreign governments often steal billions of dollars in American-owned assets with barely a peep being heard from the US government.  For example, there is really no such thing as a Saudi or Libyan or Venezuelan or even Mexican oil industry - those are just assets paid for and built by private Western concerns and then stolen by local governments.

      The Most Depressing Thing I Read Today

      I hope JD is wrong:

      Further complicating this picture is that Sheriff Joe Arpaio, despite erratic and confrontational conduct that has repeatedly put him at the wrong end of lawsuits and press coverage, is immensely popular with Maricopa County voters. In fact, recent polling suggests that the governor's office is his for the asking. He's a favorite for the Republican nod and an apparent shoe-in in the general election.

      I was under the impression that the Repub's cut Arpaio loose in the last election, but I don't really follow the politics stuff much.  JD has an update on the latest Arpaio shenanigans, as does Radley Balko:

      • The Maricopa County Sheriff's Office announced on Tuesday that Stoddard would surrender to jail ahead of his midnight deadline to aplogize. But when Stoddard showed up, the jail refused to book him, citing a "clerical error." Stoddard insisted on spending the night in jail anyway.
      • Maricopa County Sheriff Joe Arpaio announced he has filed a federal lawsuit against the county and its judges, alleging a "widespread conspiracy" against Arpaio and his officers. Arpaio remarkably and apparently with no self-awareness whatsoever called the county a "good ole boys network," and commented that he had "never seen these kinds of things occur in the justice system." Arpaio also called Donahoe's contempt finding against Stoddard a "vendetta," and said, "For political reasons, [Stoddard's] been thrown to the wolves."
      • Yesterday, the day after Stoddard spent a night in jail, 19 sheriff's deputies scheduled to work security at the courthouse called in sick, throwing the day's court proceedings into disarray. The building also had to be evacuated after a phone-in bomb threat.
      • As crowds returned after the bomb threat was cleared, the law enforcement unions commenced with a conveniently-timed rally in front of the courthouse, calling Stoddard a "victim" and demanding that he be released from jail.

      Wow, it sure is a real coincidence when a bomb threat against the public defenders (it was a public defender the deputy originally stole the document from) at the exact same moment the sheriff's were trying to disrupt the courthouse over a dispute involving the public defenders office.

      Those who don't live here would be appalled and disgusted by how such a large segment of the local population absolutely revere this man.  He's like the right-wing Obama, living off a manufactured image.

      Totalitarians Catching Up to the Internet

      Via the WSJ:

      His first impulse was to dismiss the ominous email as a prank, says a young Iranian-American named Koosha. It warned the 29-year-old engineering student that his relatives in Tehran would be harmed if he didn't stop criticizing Iran on Facebook.

      Two days later, his mom called. Security agents had arrested his father in his home in Tehran and threatened him by saying his son could no longer safely return to Iran.

      "When they arrested my father, I realized the email was no joke," said Koosha, who asked that his full name not be used....

      In recent months, Iran has been conducting a campaign of harassing and intimidating members of its diaspora world-wide -- not just prominent dissidents -- who criticize the regime, according to former Iranian lawmakers and former members of Iran's elite security force, the Revolutionary Guard, with knowledge of the program.

      Part of the effort involves tracking the Facebook, Twitter and YouTube activity of Iranians around the world, and identifying them at opposition protests abroad, these people say.

      Interviews with roughly 90 ordinary Iranians abroad -- college students, housewives, doctors, lawyers, businesspeople -- in New York, London, Dubai, Sweden, Los Angeles and other places indicate that people who criticize Iran's regime online or in public demonstrations are facing threats intended to silence them.

      Although it wasn't possible to independently verify their claims, interviewees provided consistently similar descriptions of harassment techniques world-wide. Most asked that their full names not be published.

      God Forbid

      NY Major Bloomberg:

      We can't just say everybody can go everyplace and do anything they want.

      To his final query, I do work in a building without security and I am fine, thank you.

      8 Years Ago

      I have told my story before of finding myself a visitor to Manhattan on 9/11.  I watched much of the disaster unfold from the roof of the W Hotel, and spent a weird Omega Man-like evening as some of the only people walking around a deserted Manhattan (police were letting people leave the island but not come back).  And the surreal drive around a still car-free Manhattan the next morning, as police would admit there was one way off the island, but out of some bizarre notion of security would not tell us where it was, so we drove much of the perimeter until we got out via the GW at the north end.

      We were lucky in about  a zillion ways that day.  Our kids were being watched back in Seattle by someone with the flexibility to watch them for the four more nights it took us to get home.  We randomly bumped into a friend who had the last rent car in Manhattan and was headed west.  And, of course, my meeting was in midtown, unlike several friends of mine who had meetings in the WTC and never got out.

      I still think the two best works of journalism on 9/11 I have seen are National Geographic's "Inside 9/11," which is airing off and on this week, and the Onion's 9/11 issue.  I know the latter choice seems weird, but the Onion was easily the first place anywhere to try to make people laugh when everyone was being so serious.  They did a great job of being funny without being disrespectful.  A bunch of the articles are still funny, and this one seems dead on in retrospect:

      "America's enemy, be it Osama bin Laden, Saddam Hussein, the Taliban, a multinational coalition of terrorist organizations, any of a rogue's gallery of violent Islamic fringe groups, or an entirely different, non-Islamic aggressor we've never even heard of... be warned," Bush said during an 11-minute speech from the Oval Office. "The United States is preparing to strike, directly and decisively, against you, whoever you are, just as soon as we have a rough idea of your identity and a reasonably decent estimate as to where your base is located."...

      Secretary of Defense Donald Rumsfeld said the war against terrorism will be different from any previous model of modern warfare.

      "We were lucky enough at Pearl Harbor to be the victim of a craven sneak attack from an aggressor with the decency to attack military targets, use their own damn planes, and clearly mark those planes with their national insignia so that we knew who they were," Rumsfeld said. "Since the 21st-century breed of coward is not affording us any such luxury, we are forced to fritter away time searching hither and yon for him in the manner of a global easter-egg hunt."

      Standing in opposition to Bush and Congress is a small but growing anti-war movement. During the president's speech Tuesday, two dozen demonstrators gathered outside the White House, chanting and waving placards bearing such slogans as "U.S. Out Of Somewhere" and "No Blood For Whatever These Murderous Animals Hope To Acquire."

      Here is some footage of the disaster that was not released until years after the event.

      eBay Has Lost Its Mind

      I suppose it is difficult maintaining a platform like eBay in a world of ever more sophisticated security intrusions.  But last night eBay went over the line, at least for me, making the platform so secure that I could not use my account.

      We have an enormous pile of stuff we have tagged to sell on eBay, but just have not done it yet.  Yesterday, I convinced my son to do all the selling work on eBay in exchange for a revenue split.  As we sat down on his computer to sell the first item together so he could learn the process, eBay refused to let me use my account because I was on a computer it did not recognize or had not used before  (we'll forget for now the basic creepiness of eBay tracking me well enough to know I was on a new computer it had not seen me on before).

      It turns out the whole confirmation process is keyed to the phone number I put in when I started the account.  The problem is that I was an eBay early adopter.  I have had an account for at least 12 years.  In trying to remember the phone number, it was probably not my home number.  That made it either a work number from 4-5 jobs ago or else a fake (remember, in 1997 eBay was just another little startup -- I may well have given it a fake phone number).

      Anyway, the first verification process involved a phone call.  Whoever owns that phone right now is probably pretty confused.  The second involved an online chat.  I verified my name and account user name and address and all kind of other details, but apparently we just could not get past the agent's need for me to verify my 12 year old phone number.  She started trying to give me hints - like the area code and the last digit.  I told her that unless she gave me all 10 digits, we weren't going to get there.

      We never did get the account opened on my son's laptop, he never did learn how to use eBay, and I guess I will still have a big pile of unsold stuff in my garage building up.  At some point I will find a computer eBay recognizes and I guess put in a better phone number, but all momentum with my teenage son is lost  (you know how that goes).

      Update: So I did the logical thing, I found a computer that eBay would let me use with my account and changed my phone number in the account page to my new number.  Unfortunately, when I went back through the account verification process back on my son's laptop, they still wanted me to be able to come up with the old phone number (that number was x-ed out in the account page so I couldn't just look it up).  Somehow they have come up with a process that appears to be keyed to the phone number you used when you created the account, fine for relatively new users but a broken process for some of us with 12-year-old accounts.  Eventually, by the way, after about 30 minutes I was able to come up with some piece of information that they accepted and I got access to eBay on that computer.

      Shame On Executives For Flying Private Jets...

      ...only those of us in Congress get to fly private jets

      Congress plans to spend $550 million to buy eight jets, a substantial upgrade to the fleet used by federal officials at a time when lawmakers have criticized the use of corporate jets by companies receiving taxpayer funds.

      The purchases will help accommodate growing travel demand by congressional officials. The planes augment a fleet of about two dozen passenger jets maintained by the Air Force for lawmakers, administration officials and military chiefs to fly on government trips in the U.S. and abroad.

      The congressional shopping list goes beyond what the Air Force had initially requested as part of its annual appropriations. The Pentagon sought to buy one Gulfstream V and one business-class equivalent of a Boeing 737 to replace aging planes. The Defense Department also asked to buy two additional 737s that were being leased.

      Lawmakers in the House last week added funds to buy those planes, and plus funds to buy an additional two 737s and two Gulfstream V planes. The purchases must still be approved by the Senate. The Air Force version of the Gulfstream V each costs $66 million, according to the Department of Defense, and the 737s cost about $70 million.

      Even the richest of private companies blush at the prospect of buying Gulfstream V jets, the absolute top of the line in business jet luxury.  Except, of course, for the ridiculously oversized Boeing Business Jet, of which Congress appears to be buying 3 (the BBJ is the business version of the 737).  I am sure there is one, but I can't think of a single Fortune 500 company, and I have worked for and with a lot of them and flown on their jets, that has even one BBJ.

      I can understand why certain officials need to fly private planes just for security, but the average Congressman from Wyoming?  Why won't commercial work.  Andy why, if they must have  a private plane, wouldn't a more reasonably sized Falcon 50 or Citation work just as well?

      Update: Several people have found it ironic that the White House threw a fit over $300+ million for funding of new warplanes but hasn't blinked over $500+ million to ferry Congress around in luxury.

      Update #2: An example of the BBJ.  This is how you fly, right?

      boeing_bbj_int1_lg

      Eeek! The Brits Have REALLY Lost Their Way

      I am really left speechless by this.

      The Children's Secretary set out £400million plans to put 20,000 problem families under 24-hour CCTV super-vision in their own homes.

      They will be monitored to ensure that children attend school, go to bed on time and eat proper meals.

      Private security guards will also be sent round to carry out home checks, while parents will be given help to combat drug and alcohol addiction.

      Around 2,000 families have gone through these Family Intervention Projects so far.

      It actually undershoots the mark to call this "Orwellian," since in "1984" the government monitoring was aimed mainly at combating subversive thought and behavior.  But the Brits are going one better, monitoring families to make sure their kids are eating their vegetables and getting to bed on time.

      Incredibly, the oppositions response is that this is... not nearly enough intervention!!!

      But Shadow Home Secretary Chris Grayling said: "This is all much too little, much too late.

      "This Government has been in power for more than a decade during which time anti-social behaviour, family breakdown and problems like alcohol abuse and truancy have just got worse and worse."

      Is there any voice left for individual liberties in England?  Am I missing something here?  This seems simply horrible.  Is there at least due process involved, such that such measures can only be imposed as a result of a criminal conviction (I don't think so, from my reading of the story and comments -- I think this is like Child Protective Services in the US, with a lot of not-subject-to-due-process intervention powers, but maybe my UK readers can fill in more detail).

      I liked this from the comments:

      These cameras should be in MPs homes so we can see what the scumbags are up too.

      Ditto for Congress.  And how about a Lincoln Bedroom cam?

      Hat Tip:  Engadget

      Please Discuss

      Today, here on Cape Cod, where every car has an Obama sticker, I was struck by two cars which had Obama stickers as well as this same slogan, a paraphrase of a Ben Franklin bon mot:

      Those who give up their liberty for more security neither deserve liberty nor security.

      I have absolutely no problem with this bumper sticker in its original context, which I presume was to protest things like the Patriot Act, indefinite detentions, and wiretapping during the Bush Administration (and all retained, so far, by this Administration).

      But my question back to them would be -- do you still support this statement in the context of pending health care legislation, which is yet another example of trading individual liberty for security, albeit security of a slightly different type?

      Gates-Type Encounters with Police Happen Every Day, Irregardless of Race

      Some cops just abuse power, and make up rules as they go along.

      Gordon Haire, a former newspaper reporter and former police officer, was sitting at a table on the campus of the University of Texas Medical Branch at Galveston when he snapped a photo of a university police officer strolling towards him.

      Officer Tim Wilson then came up to him and told him he was not allowed to photograph the Galveston National Library, which apparently is so top secret that only a Google search will reveal its true appearance.

      Wilson told him it was against the law to photograph the building because it is a security threat.

      Haire, 66, told Wilson he did not believe him.

      Sensing the impending terrorist threat, Wilson asked for Haire's identification.

      But having lost his drivers license, Haire was only able to produce a Medicare card (he had arrived by bus for a doctor's appointment).

      The cop then asked for his full name and date of birth, then relayed that information to a dispatcher through his collar microphone.

      "He's giving me a hard time," the cop said to the dispatcher, according to Haire.

      The cop finally left, but not before informing Haire that it was illegal to even photograph the sidewalk.

      My Greatest Fear on the Health Care Bill

      There are a lot of problems with the health care bills in Congress.  At the end of the day, I will endure most of them, as I have every other indignity thrown at me by the Feds.  If they charge me 8% of my company's payroll as a health care tax, well, we can probably raise prices, particularly in the inflationary spiral the Fed has set us up for.  I will be sad to see the most successful in this country punished with high new taxes, but these taxes mostly won't apply to our family.  And I will find some way to get my family the health care it needs, even if we have to fly to India to do it.

      But my biggest fear is for individual liberties, with the effect I have called "the health care Trojan Horse for fascism."  We all know that the government has developed a taste for meddling in the smallest details of our lives.  But as more of the nation's health care spending flows though government hands, nearly every decision you make will suddenly affect the government's budget.  What you eat, how heavy you are, whether you smoke, whether you play an athletic sport where you can get hurt, whether you pursue dangerous hobbies like rock climbing or skiing, whether you wear a bike or motorcycle helmet, whether you have a seat belt on, whether you drink alcohol, whether you like to use dangerous power tools -- all these become direct inputs into government spending via medical bills the government is paying.  And if you think that Congress will avoid legislating on these activities once it inevitably gets in financial trouble with health care, you have not studied much history.

      And all this avoids discussion of other powerful individual liberty-related topics, such as the ability to get the end of life care you want or whether the government will even allow you to go "off plan" with your own money if you disagree with its Commissar's rulings on what care you should and should not receive.

      It's fascinating for me to watch all these children of the sixties in the Democratic Party, most of whom screamed (rightly) at George Bush continuing to implement new plans where we give up individual liberties for security.  But here come those exact same people, with the exact same message - because this is what health care reform is about, at its core - giving up individual liberties in exchange for a (perceived) increase in security.

      Another Example of "Reduced Rationing on the Basis of Price and Ability to Pay"

      Previously, I used 1970s gas price lines as an example of a situation where the government, as Uwe Reinhardt puts it, "reduce[d] rationing on the basis of price and ability to pay."

      Here is another example:  The Pruitt Igoe housing project in St. Louis, which was abused so badly by its occupants it had to be torn down less than 20 years after it was built.

      pruittigoe

      I will remind you of my earlier comparison of universal health care to public housing:

      Lyndon Johnson wants to embark on a futile attempt to try to provide public housing to the poor?  Our taxes go up, a lot of really bad housing is built, but at least my housing did not get any worse.  Ditto food programs "” the poor might get some moldy cheese from a warehouse, but my food did not get worse.  Ditto welfare.  Ditto social security, unemployment insurance,and work programs.

      But health care is different.  The author above is probably correct that some crappy level of terribly run state health care will probably be an improvement for some of the poor.  But what is different about many of the health care proposals on the table is that everyone, not just the poor, will get this same crappy level of treatment.  It would be like a public housing program where everyone's house is torn down and every single person must move into public housing. That is universal state-run health care. Ten percent of America gets pulled up, 90% of America gets pulled down, possibly way down.

      Do You Owe the State Your Name if You Have Not Committed A Crime?

      Carlos Miller has an interesting story from New Hampshire, where a man was arrested for bringing a camera into a courtroom, and then has been detained for weeks in prison because he refuses to tell his captors his name.  By the way, filming and picture taking is explicitly allowed in courts by New Hampshire law and past state supreme court rulings.  The judge who presides over the court in question began banning cameras from court, despite having no legal right to do so, last year after he was personally embarrassed by a YouTube video of his courtroom temper tantrum.  The state has yet to point to the precise statute that requires courtroom visitors to provide their names on demand.  One would think the worst that could happen is to be told that revealing one's name is a security requirement and that those refusing to do so are barred entry.  But 22 days in jail?

      Also yet to occur is any arrest or prison sentence for a judge who flaunts the very state law he is sworn to uphold.