Coyote Blog

From Engadget, on rental scooters in SF:

San Francisco is a city where companies frequently like to try out new ideas. Uber had its start here many years ago, as did success stories like Twitter and Airbnb. So it's no surprise that San Francisco happens to be one of many cities experiencing a new form of transportation: sharable electric scooters. They appeared in downtown SF seemingly out of nowhere, taking over sidewalks and pedestrian paths. But what was marketed as a low-cost, eco-friendly way to get around town soon became a public nuisance.

It all started in late March when three companies -- Bird, Spin and LimeBike -- unveiled their scooter-sharing solutions in San Francisco. All three work the same way: You unlock the scooter with an app, pay a nominal amount -- $1 to unlock and 15 cents a minute thereafter. When you're done, simply lock it with the app and it'll be ready for the next person to hop on.

Unlike docked bicycles, like the Ford GoBikes in San Francisco or New York City's Citi Bikes, you don't have to park them in designated spaces; they can be left anywhere. These scooters are then rounded up and collected every night for any necessary repairs or charging and then redistributed the next day.

In the meantime, though, they're often strewn aside carelessly, blocking the public right-of-way, thus making it especially difficult for wheelchairs and those with disabilities to move past them. Further, scooter riders are using them on the sidewalk, which is not only illegal but dangerous. I've personally had scooter riders zoom up past me, yelling "Watch out!" as they whizzed by. According to California state law, motorized scooters must be used in the bike lane or on the road. This means it's also against the law to ride them without a helmet and without a driver's license (therefore user must be 16 years or older).

So San Francisco is cracking down. Not only is the city working on legislating the scooters, but on April 16th, the city attorney sent cease-and-desist letters to all three companies to end operations until regulations are in place. The city also passed a law, demanding that all scooters have permits. Scooters found without permits will be subject to impoundment. San Francisco's Municipal Transportation Agency (SFMTA) hopes to open up the permitting process starting May 1st.

I hate to quibble about a paper that supports my preconceived notions, but I am bothered by this as linked by Tyler Cowen

We quantify the amount of spatial misallocation of labor across US cities and its aggregate costs. Misallocation arises because high productivity cities like New York and the San Francisco Bay Area have adopted stringent restrictions to new housing supply, effectively limiting the number of workers who have access to such high productivity. Using a spatial equilibrium model and data from 220 metropolitan areas we find that these constraints lowered aggregate US growth by more than 50% from 1964 to 2009.

Isn’t it possible that cause and effect are being reversed here? I accept that zoning in places like SF make it more expensive. I would have concluded that this higher cost of living allows only the most productive to live there — less productive folks can’t afford it. So the high average productivity of these cities might partially be a result of their higher costs, not because the zoning somehow increases productivity, but because the zoning creates a sorting process where only the most productive may enter, which brings up the averages.  So a reduction in zoning and living costs would cause the productivity numbers for the city to average down as lower-productivity earners can move in.

Glenn Reynolds points to this story about Senator James Lankford challenging the Department of Education's "Dear Colleague" letters under the Administrative Procedures Act.  Lankford argues that the letters, which essentially end due process on campus for men accused of any sort of sexual misconduct from telling dirty jokes to rape in the name of Title IX enforcement, represent a new regulation that should have been subject to official publication and public comment.

Instapundit says that Marco Rubio should have done this, rather than taking the DEA's side.  Fair enough, but I have what I think is a better question -- why has not one single major university President brought a legal challenge against these letters?  Many of them complain, at least in private, and the letters certainly appear to me to be an illegal overreach.  But they all just rolled over and accepted it -- college Presidents all have become total lapdogs of the state.  They tend to preen that they and their universities are "leaders", but I would argue that they are leaders only in the sense that a random guy standing on a boxcar of a moving train and pointing forward is the leader of the train.

You want leadership?  Show me the first college President that formally rewrites their admission process to say "a minimum entry requirement will be the ability to maturely listen and respond to differing opinions without needing to crawl into and hide in a room full of stuffed animals and coloring books."

Postscript:  From Lois McMaster Bujold's Komarr

"People have some very odd illusions about power.  Mostly it consists of finding a parade and nipping over to place yourself at the head of the band.  Just as eloquence consists of persuading people of things they desperately want to believe.  Demagoguery, I suppose, is eloquence sliding to some least-moral energy point.... Pushing people uphill is one hell of a lot harder.  You can break your heart, trying that."

It is weird to say that Bujold gets underrated, given all her awards, but I think she does -- in large part because her books are fun and enjoyable to read rather than gravid and soul-sucking, as seems to be the current SF fashion.

One of the problems with making predictions about bad public policy is that sometimes you have to wait 20-30 years until after the policy was passed to see all the negative consequences play out, by which time people have forgotten about the initial policy changes that caused all the disruption.

But I got to skip those 30 years in San Francisco.  I never really paid that much attention to the city until I read a book called "Season of the Witch" written by a progressive about life in San Francisco in the 60's and 70's.  As I wrote previously:

What struck me most were the policies these folks on the Progressive Left had on housing.  They had three simultaneous policy goals:

1. Limit San Francisco from building upward (taller).  San Francisco is a bit like Manhattan in that the really desirable part where everyone wants to live is pretty small.  There was (and I suppose still is) a desire by landowners to build taller buildings, to house more people on the same bit of  valuable land.  Progressives (along with many others across the political spectrum) were fighting to have the city prevent this increased density as a threat to San Francisco's "character".
2. Reduce population density in existing buildings.  Progressive reformers were seeking to get rid of crazy-crowded rooming houses like those in Chinatown
3. Control and cap rents.  This was the "next thing" that Harvey Milk, for example, was working on just before he was shot -- bringing rent controls to San Francisco.

My first thought was to wonder how a person could hold these three goals in mind without recognizing the inevitable consequences, but I guess it's that cognitive dissonance that keeps socialism alive.   But it should not be hard to figure out what the outcome should be of combining: a) some of the most desirable real estate in the country with b) an effective cap on density and thus capacity and c) caps on rents.  Rental housing is going to be shifted to privately owned units (coops and condos) and prices of those are going to skyrocket.  You are going to end up with real estate only the rich can afford to purchases and a shortage of rental properties at any price.  Those people with grandfathered controlled rents will be stuck there, without any mobility.

Since reading the book, I have paid attention to stories on the rental market in San Francisco.  In short, it is just as screwed up as would have expected 40 years ago when both density and rent caps were put in place.

As San Francisco's housing crisis continues to pit long-term residents against the recent influx of affluent tech employees, Airbnb and other short-term rentals have become a source of tension. Today San Francisco Mayor Ed Lee and Supervisor Mark Farrell hoped to ease some of that tension by introducing reforms to the city's short-term rental laws that put a 120 day yearly cap on all short-term rentals. The package of amendments also introduced the creation of a new Office of Short-Term Rental Administration and Enforcement for the city staff to "coordinate in the administration and aggressive enforcement of the law."

Airbnb and other short-term rental services have come under fire in San Francisco because they take rental units off an already limited housing market. The current law caps short-term rentals at 90 days when the host is not present. If the host is present -- for example a room rental in an occupied home -- there is no yearly cap. Today's amendment package sets caps for both types of rentals. Mayor Lee said in a statement, "this legislation will help keep our City more affordable for homesharers, preserve rental housing for San Franciscans, protect neighborhood character and streamline permitting and enforcement under a fair set of regulations."

This is from a tech site that has developed a reputation, at least with me, for being astoundingly ignorant of even basic economics, so one has to make some guesses at what is going on here.  For example, it seems odd to say that renting a space on a short term lease rather than long-term somehow takes rental units off the market.  They are still being rented, are they not?  How could one describe them as being taken off the market?

My guess at what is going on here is that short-term rentals are likely exempt from some of the most onerous portions of San Francisco tenant law.   Likely, renting short-term allows one to bypass rent controls and charge more.  It also likely gives one some relief from the city and the state's horrendous tenant protections that make it virtually impossible to evict a tenant.  You lease to someone in SF, and you are stuck with them for life like a shark with a remora on his back, even if that tenant refuses to pay rent for years or constantly trashes the apartment.

San Francisco has created a system where they are absolutely guaranteed to have a shortage of rental properties.  Rather than address those laws that create the problem, politicians put their whole effort -- creating brand new agencies, no less -- to stop entrepreneurs from circumventing the madness and trying to provide housing.

Postscript:  The war against wealthy tech workers in SF is in full swing.  What SF would really like to do, I think, is close its borders and institute immigration controls to keep these folks out.  I know there are many parts of the world, including unfortunately our country, that work to keep poor uneducated immigrants seeking opportunity out.  But has there ever been a time or place in history where a particular place worked so hard to keep out rich educated immigrants seeking only to spend their money?

I friend sent me a note analyzing data on NFL quarterbacks past and present, and came up with this top five based on a points system that ranked the top 40 all time quarterbacks on a number of dimensions, such that the lowest score is the best:

1. Joe Montana - 54 Points

1. Tom Brady - 54 Points

3. John Elway - 68 Points

4. Terry Bradshaw - 84 Points

5. Peyton Manning - 86 Points

Peyton gets dinged for being a poor bad-weather quarterback.  I am not sure if the numbers support this hypothesis, but he would have to go a long way to being worse than Aikman was.  I was in Dallas during their three Aikman-era superbowls (actually I lived in Denver for their 2, and St Louis for theirs, and Arizona for theirs, all of which is payback for growing up an Oiler fan).   Aikman always disappointed in bad weather.  The one year of their four year run in the 90's that they did not go to the Superbowl, they lost to SF in the Conference championships.  That day, the moment I saw it was raining, I knew the Cowboys were doomed.

Local blogger Greg Patterson writes:

The Wall Street Journal is reporting that Gannett will soon be adding USA Today to it's local papers.

With this change, the Republic and USA Today are essentially a hybrid.  As print revenue continues to slide the USA Today side will grow and the Republic side will shrink.  Eventually, your morning Republic will consist of a copy of USA Today with enhanced local coverage.

This is a change I have expected for a long time.  The wire services have always existed as an attempt by local papers to share costs in national and international news gathering, but I would have expected this next step of national consolidation some time ago.  The internet allows not just the text, but the entire layout of newspapers to be transmitted instantly across the country.

The whole situation reminds me of television broadcasting, where local affiliates exist mainly as a byproduct of past technological limitations in signal transmission.  Satellite and cable have eliminated these restrictions, but still local affiliates exist, in part because there is some demand for local content but in part because of the fact that the government protects their existence (by law, cable and satellite operators must give you the local affiliate, they cannot give you the national feed).

This is what I wrote back in 2009

I actually think the problem with newspapers like the Washington Post is the "Washington" part.  Local business models dominated for decades in fields where technology made national distribution difficult or where technology did not allow for anything but a very local economy of scale.  Newspapers, delivery of television programming, auto sales, beverage bottling and distribution, book selling, etc. were all mainly local businesses.  But you can see with this list that technology is changing everything.  TV can now be delivered via sattelite and does not require local re-distribution via line of sight broadcast towers or cable systems.  Amazon dominated book selling via the Internet.  Many of these businesses (e.g. liquor, auto dealers, TV broadcasting) would have de-localized faster if it had not been for politicians in the pocket of a few powerful companies passing laws to lock in outdated business or technological models.

Newspapers are ripe for a restructuring.  How can one support a great Science page or Book Review section or International Bureau on local circulation?  How much effort do the NY Times, Washington Post, LA Times, SF Chronicle, etc. duplicate every day?  People tell me, "that's what the wire services are for."  Bah.  The AP is 160 years old!  It is a pre-Civil War solution to this problem.  Can it really be that technology and changing markets have not facilitated a better solution?

The future is almost certainly a number of national papers (ala the WSJ and USA Today) printed locally with perhaps local offices to provide some local customization or special local section.  Paradoxically, such a massive consolidation from hundreds of local papers to a few national papers would actually increase competition.  While we might get a few less stories about cats being saved from trees in the local paper, we could well end up not with one paper selection (as we have today in most cities) but five or six different papers to choose from  (just look at Britain).  Some of these papers might choose to sell political neutrality while some might compete on political affiliation.

Movie deal for Old Man's War.

Also heard that Ridley Scott is doing the Forever War.

By the way, I was working on a list of SF stories that were completed screwed up as movies in the 80's and 90's, so much so they would be worth a remake.  So far I have only a couple, but would appreciate suggestions

• Starship Troopers
• Running Man
• Total Recall  (not as awful as the first two but had that same cheesy unserious style that brings it down for me)

I suppose some might put Robocop in this category but I am attached to that movie, in part because if there was an underlying novel I hadn't read it, and the campiness kind of worked.

Apparently, Congress just before the election appropriated $900 million to build part of a high speed rail line in CA.  Rather than focusing either on LA or SF, Congress apparently appropriated the money for a mostly rural district that just coincidentally had a Democratic Congressman embroiled in a difficult election.  So now Congress has dedicated a billion dollars of your money for this high speed rail line, from Borden to Corcoran:

I am not kidding you.  More here from the AntiPlanner.

I discussed the CA high speed rail project here and here.  I discussed the practice of building even one useless section as a way to commit the public to building the whole thing here.  An excerpt of how this is done the Chicago way:

But what is really amazing is that Chicago embarked on building a $320 million downtown station for the project without even a plan for the rest of the line "” no design, no route, no land acquisition, no appropriation, no cost estimate, nothing.  There are currently tracks running near the station to the airport, but there are no passing sidings on these tracks, making it impossible for express and local trains to share the same track.  The express service idea would either require an extensive rebuilding of the entire current line using signaling and switching technologies that may not (according to Daley himself) even exist, or it requires an entirely new line cut through some of the densest urban environments in the country.  Even this critical decision on basic approach was not made before they started construction on the station, and in fact still has not been made.

California high-speed rail advocates are already backpedalling on the numbers, and from experience with other such projects, it will only get worse.

In the face of the state's perpetual budget crisis, some Californians are beginning to regret their votes in favor of the $9.9 billion high-speed rail bond last year. Even though proponents of the train have now admitted the bond was only a down payment on the actual cost to build the system, the numbers that were projected are changing"”and all in the wrong direction.

The business plan released by the train's advocates last month show the dramatic differences in what the voters were told and what reality is. For example, the price of a ticket from San Francisco to Los Angeles is now projected at $105, up from the previous $55 estimate.  That new number changed the ridership predictions: now 41 million annual riders by 2035, down from last year's prediction of 55 million passengers by 2030. The cost for building the train system has also grown.  The proponents had been thinking $33.6 billion (2008 dollars) but have revised upward to $42.6 billion.  Recently, the Obama administration announced $2.25 billion in funding for the project. Proponents said federal money would be used to close the gap between the voter-approved bond and the ultimate cost, but
this is a drop in the bucket and still will not work.

Do not expect a true LA to SF high speed rail line for less than $75 billion and the ridership numbers are still absurd, as discussed here.  By the way, Southwest's advanced fair from LAX to SFO is $114 right now.  If you are willing to go Burbank to Oakland, the fair is $90.

Great article in the SF Weekly on San Francisco:  The Worst Run Big City in the US.  The article is lengthy and packed full of government fail.  Just one example:

You can't get San Francisco running efficiently, because that would require large numbers of unionized city workers to willingly admit their redundancy and wastefulness. Inefficiency pays their salaries. "It's been going on for decades," Peskin says.

This problem comes up almost every time the city negotiates labor contracts, which is part of the reason San Francisco is constantly on the brink of fiscal ruin. Politically powerful unions "” the progressives are beholden to the service unions; moderates cater to police, firefighters, and building trades; and Republicans ... what's a Republican? "” negotiate contracts the city knows it can't afford. Politicians approve them, despite needing to balance the budget every year, because the budget impact of proposed contracts is examined by the Board of Supervisors only for the following year, no matter how long contracts run. According to former city controller Ed Harrington, it has become common practice not to schedule any raises for the first year of a contract, but to provide extensive raises in later years.

The result is a contract that looks affordable one year out, then blows up in the city's face. City employees receive up to 90 percent of their already generous salaries in pensions and many also receive lifetime health care "” meaning that as they retire, labor costs soar.

Sounds like the health care bill in Congress, no?  The bit near the beginning on the problem in the parks department - overstaffing, no one showing up for work, lost money, poor controls, no process - particularly resonate with me.  My business is the privatization of public parks.  I can't tell you how many public parks agencies I know to be providing terrible service (service levels that I would be ashamed of) with grossly inflated budgets tell me face-to-face that they can't privatize because that would jeopardize the quality of the parks.  Well, that and the fact that the public employees unions would not allow it.

I always laugh when folks tell me that government intervention is needed because private industry is too short term oriented.  But no one is more short term oriented than politicians looking to the next election or closing this year's budget hole.  In particular, capital maintenance is always ignored until infrastructure is literally falling apart.   We see it in parks, transit systems, roads, schools, etc.  It is the same phenomenon that causes third world state-run oil companies to have their production fall off - instead of reinvesting their profits into upgrades and maintenace of their fields and infrastructure (as those short-term focused American oil companies do) they transfer the money into social giveaways that cement their political power.  Here is a great example from San Francisco:

In 2002, the San Francisco Chronicle revealed that the city had, for decades, been siphoning nearly $700 million from its Hetch Hetchy water system into the San Francisco General Fund instead of maintaining the aging aqueduct. Several mayors and boards of supervisors used that money to fund pet causes, and the Public Utilities Commission didn't say no. Unfortunately, spending maintenance money elsewhere doesn't diminish the need for maintenance. By 2002, the water system was in such desperate condition that voters were asked to pass a $3.6 billion bond measure to make overdue fixes. Obligingly, they did "” who doesn't like water? Since then, the projected costs have swelled by $1 billion. So far.

My favorite line:

"San Francisco is Disneyland for adults, or a place people go until they grow up."

Over 700 employees of San Francisco's BART transit agency make over $100,000 just in cash wages.  This does not include lucrative benefits that probably add $30,000 or more to total compensation for most employees.  (SF Chron, via Thin Green Line)

It is good to see that you have found a tangible way to respond to the editorial written by the Whole Foods CEO.  Your ability to pursue such a boycott is one of the great things about a free market. There are literally hundreds of food shopping choices in a large city, with a variety of value propositions from the low-cost but ambiance-challenged Wal-Mart or Target to the farmers market. Its great to see folks exercising their choice in the free market to take their business elsewhere.

Besides, if nothing else, it provides the majority of us entertainment value as we enjoy the irony of people exercising their free choice shopping in the highly competitive and diverse grocery marketplace to boycott someone who advocated maintaining choice and a diversity of options in the health care market. Hope all of you have great success boycotting the single payer medical system you long for when you don't like something it does, and I hope the single one-size-fits-all insurance option you have happens to match your individual preferences.

Anyway, I give you an A for political activism but an F for marketing if you believe Whole Foods customer base is all liberal or progressive. It may be so in downtown SF or Seattle. But most of Whole Foods stores are in places like Scottsdale, and Houston, and Dallas. For a large portion of Whole Foods customers, it is not some progressive statement, but it is simply a premium-priced grocery store selling premium quality foods. Though I suppose the Scottsdale country club mom in her new Jag gets some psychic boost from shopping there, kind of like buying a carbon offset.

Seriously -- I bet that most of Whole Food's most profitable customers just don't care about this progressive stuff. They don't go looking for fair trade coffee, or whatever. They don't care Whole Foods buys all wind power (in Texas, where the market allows this). They don't know how the employees are treated and paid. I shop there and I had no clue as to their HR policies until this week when they have been in the news.

Whole Foods does this stuff because Mackey and most of his team really believe in it. They are truly passionate about it, not like some company like Kraft who creates an organic cheese SKU because the consultants said there was a market niche for it. Really, are there 5 other corporate CEO's in the Fortune 500 whose beliefs and the way they manage more closely match what progressives would want to see? Is there even one? But this is the guy y'all are choosing to go after, this one company out of all the Fortune 500, because he disagreed with the progressive orthodoxy on a single piece of legislation? Jeez, this is like conservatives boycotting Fox News because they put a single liberal pundit on from 2-2:30AM.

San Francisco has a ballot initiative this November to seize all PG&E transmission lines and assets in the city such that all city power comes from a new government owned utility.  Further, the initiative would require that this new entity get 100% of its power from renewables, particularly wind and solar, by 2040.  It is similar to a 2001 initiative.

All due respect to PG&E's private property, but I would love to see this happen.  If I were governor, I would be seriously tempted to encourage them to proceed, with the only proviso that no one else in California be allowed to sell electricity to San Francisco on the hugely unlikely possibility that there might be a day without sunshine in San Francisco.   (I find it hilarious that San Francisco's solar future is trumpeted in the "fog city journal.")  This might actually be a big enough disaster that even the media would have trouble ignoring its spectacular failure.  It would also do wonders for the Arizona and Nevada economy, as major industries would move our way.

I am sure San Francisco is well on their way to success.  After all, the city just completed its largest ever solar project. 

            The solar system is expected to generate 370,000 kilowatt hours of
electricity annually, enough to power 80 San Francisco homes.

Wow.  It can power 80 whole homes, as long as its not night time or winter (when it is seldom sunny in SF).

Tor.com recently went online, and apparently has a new John Scalzi short story from the Old Man's War universe and a new Charles Stross from his very enjoyable "Laundry" series (I have not mentioned the latter series very much, but it is sort of HP Lovecraft meets Men in Black crossed with Office Space.  Really.)

From my point of view, the NY Times buried the lede in this story about installation of parking sensors on San Francisco streets.  The article focuses mainly on the ability of drivers at some time in the future to get locations of empty parking spots on the streets via smartphone or possibly their GPS.  But I thought the pricing changes they were facilitating were more interesting:

SFpark, part of a nearly two-year $95.5 million program intended to
clear the city's arteries, will also make it possible for the city to
adjust parking times and prices. For example, parking times could be
lengthened in the evening to allow for longer visits to restaurants.

The
city's planners want to ensure that at any time, on-street parking is
no more than 85 percent occupied. This strategy is based on research by
Mr. Shoup, who has estimated that drivers searching for curbside
parking are responsible for as much of 30 percent of the traffic in
central business districts.

In one small Los Angeles business
district that he studied over the course of a year, cars cruising for
parking created the equivalent of 38 trips around the world, burning
47,000 gallons of gasoline and producing 730 tons of carbon dioxide.

To
install the market-priced parking system, San Francisco has used a
system devised by Streetline, a small technology company that has
adapted a wireless sensor technology known as "smart dust" that was
pioneered by researchers at the University of California, Berkeley.

It
gives city parking officials up-to-date information on whether parking
spots are occupied or vacant. The embedded sensors will also be used to
relay congestion information to city planners by monitoring the speed
of traffic flowing on city streets. The heart of the system is a
wirelessly connected sensor embedded in a 4-inch-by-4-inch piece of
plastic glued to the pavement adjacent to each parking space.

The
device, called a "bump," is battery operated and intended to last for
five and 10 years without service. From the street the bumps form a
mesh of wireless Internet signals that funnel data to parking meters on
to a central management office near the San Francisco city hall.

This is actually really cool, but my guess is that politicians will not have the will to charge the level of peak prices the system may demand.

Postscript:  As many of you know, there is a new wave of urban planners who want to impose dense urban living on all of us, whether we like it or not.  I have no problem with folks who want to fight the masses and live in downtown SF or Manhattan, but the world should also have a place for the majority of us who like to have an acre of land and a bit less congestion. 

Anyway, in singing the praises of the urban lifestyle (which often is as much an aesthetic preference vs. suburbia as anything else), you seldom hear much about this type of thing:

Solving the parking mess takes on special significance in San Francisco
because two years ago a 19-year-old, Boris Albinder, was stabbed to
death during a fight over a parking space....

The study also said that drivers searching for metered parking in just
a 15-block area of Columbus Avenue on Manhattan's Upper West Side drove
366,000 miles[!!] a year.

And here we suburbanites are complaining when we have to park more than 5 spaces from the door of the supermarket.

Oh, those wacky guys on the UN "Human Rights" Council.  They are now looking to Saudi Arabia as a model for protection of individual rights:

The top U.N. rights body on Thursday passed a resolution proposed by
Islamic countries saying it is deeply concerned about the defamation of
religions and urging governments to prohibit it.

The European Union said the text was one-sided because it primarily focused on Islam.

The U.N. Human Rights Council, which is dominated by Arab and other
Muslim countries, adopted the resolution on a 21-10 vote over the
opposition of Europe and Canada....

The resolution "urges states to take actions to prohibit the
dissemination ... of racist and xenophobic ideas" and material that
would incite to religious hatred. It also urges states to adopt laws
that would protect against hatred and discrimination stemming from
religious defamation.

Saudi Arabia said, "Maybe Islam is one of the most obvious victims of aggressions under the pretext of freedom of expression."

"It is regrettable that there are false translations and
interpretations of the freedom of expression," the Saudi delegation
told the council, adding that no culture should incite to religious
hatred by attacking sacred teachings.

Hat tip:  Yet another Weird SF Fan

Update:  I am kind of amazed the irony is lost on some folks, so I guess I need to be more explicit:  I found it depressing that the UN Human Rights Council is calling for limits on speech.

I couldn't make the return on investment
(even with a 50% government subsidy and in one of the best solar sites
in the world) work for solar on my home in Phoenix, at least at current
prices and technology.  Maybe I can justify a backyard nuclear reactor?

Hat tip:  Another Weird SF Fan

Yet another weird SF Fan makes a great point:

On the one hand, there's a movement (actual example here) to eliminate "bundling" in the cable industry (selling access to all of some medium instead of dividing it into pieces).

On the other hand, other people are worried about the possible lack of bundling if net neutrality isn't mandatory.

Is a debate called for? Or is it a matter of "anything capitalists do is wrong"?

He links Megan McArdle whose post quotes extensively from ... me!

Yet another weird SF fan points out this example of dueling Luddites.  Here is a particularly nice example:

My favorite definition of local comes from Columbia's Gussow, a
reporter for Time in the 1950s who went on to become a local-eating
pioneer. For 25 years, Gussow has lectured on the environmental (and
culinary) disadvantages of relying on a global food supply. Her most
oft-quoted statistic is that shipping a strawberry from California to
New York requires 435 calories of fossil fuel but provides the eater
with only 5 calories of nutrition. In her memoir, Gussow offers this
rather poetic meaning of local: "Within a day's leisurely drive of our
homes. [This] distance is entirely arbitrary. But then, so was the
decision made by others long ago that we ought to have produce from all
around the world."

It is hard to even begin with statement.  First, I am not sure anyone since Ghandi has really challenged the notion of division of labor, which in fact is what Gussow is lamenting.  Second, it would be interesting to ask Gussow what residents of Chad should do for locally-grown food.  Third, the last sentence is great, in that it works from the Dr. Evil Cabal theory of capitalism, positing that current trade patterns are based on "decisions made by others long ago."  And all these complaints don't even tought the silliness of somehow comparing food calories with calories of work from fossil fuels (unless Gussow is drinking Sterno at night, which might explain a lot). 

I discussed why I like the Football Outsider rankings of NFL teams and players here.  Typically defenses and offenses are ranked by total yards (given up and gained, respectively).  This is a really poor metric, as evidenced in part by the fact that Arizona is something like 3rd in the NFC in offense and 5th in defense by these traditional rankings.  The better football outsiders team rankings are here. 

A couple of observations

• Cincinnati #1 after five weeks.  Wow!  Both offense and defense in the top 6.  I know it is early, but the Outsider's way of ranking teams tends to be more reliable than traditional statistical approaches.  For example, last season after week 5 they had Philadelphia and New England ranked #1 and #2, and these two teams eventually met in the Super Bowl.  Cincinnati has had a pretty easy schedule to date, which will get harder as the season continues
• San Diego is by far the best 2-3 team out there.  They have had a brutal schedule, which gets better going forward.  They still should be considered a good playoff bet.
• Washington is easily the worst 3-1 team out there.  Expect them to start losing soon, particularly as their schedule remains tough.
• Philadelphia may continue to struggle.  The rankings show that their 3-2 record is no fluke, and they have perhaps the toughest schedule left to play of any team in the NFL
• San Francisco and Houston are really, really bad.  Historically bad.  I had been hoping that Arizona had a chance in the Matt Leinart / Reggie Bush sweepstakes, but SF and Houston will be tough to beat.
• Chicago is working on the Baltimore Ravens award, with the #1 defense to date in the NFL and the third to last offense.  Chicago has also been one of the least consistent teams (highest variance), but has one of the easiest schedules for the rest of the year, so still may have a chance if it can just to anything on offense.
• NY Giants and Indianapolis are solid #2 and #3, though you have to worry about the Giant's high special teams score pulling them up - these scores tend to regress to the mean over the season.  Is there anyone who wouldn't love to see a Manning-Manning Superbowl?

As a long-time student of the marketing craft, it is interesting for me to look at politics sometimes as a marketplace of ideas, and running for office as a marketing activity.  Though I don't want to overplay the notion of packaging over content in politics, you can find a number of historical examples where good communication helped turn the ideological tide. 

Also, being a libertarian sometimes gives me the ability to sit on the sidelines and see the left-right struggles in this country from the outside, possibly with a bit of perspective, since my team isn't really even on the field.

From this perspective, conservatives have really been running up the score on liberals of late.  This is an outcome I cheer when it leads to freer markets and lament when it leads to broadcast censorship.

A lot of ink and electrons have been used up of late trying to diagnose the reason for this success and what the Left can do to even the score.  Rather than comment on this, I will offer the following as a marketing case study.  Forget whether you agree with everything that is said, but think of each piece as marketing for the left or the right.  I was struck by the contrast of these two articles in part because they came from the same publication, and in part because they touch on many similar themes but in totally different ways:

• Cinnamon Stillwell in SF Gate 2/24/05
• Mark Morford in SF Gate 11/3/04

Which product is more compelling to the average American?  Of course, neither can represent the diversity of either side of the spectrum, but through all the political noise in this country, I think each represents the tone and message that is actually filtering through to voters.  If one side want to claim "but that's not fair... that's not the message we intended for voters to hear" --- well, welcome to marketing. 

By the way, I wrote a piece based on Mr. Morford's here.

I know this will come as a shock to many people, but grand jury testimony is supposed to be secret and stay that way.  I mention this, because lately, "sealed" and secret court records seem to inevitably end up in the media.  The most prominent example is yesterday's leak of Balco grand jury testimony, though the Clinton-related grand juries seemed to be sieves as well.

There are real reasons for secrecy in grand jury proceedings.  The most obvious is that grand juries have often been used to build cases against organized crime figures, and those testifying may be risking their life to do so.  More recently, with the enormous power of the press to convict people even before they go to trial, sealed testimony can help protect reputations as well as the presumption of innocence.

Now, I am not a lawyer, and I would love to hear what Volokh has to say.  I suspect there are those who would argue, as they did in the (admittedly different) case of the release of Jack Ryan's divorce records, that transparency in the legal system is more important than individual privacy.  This may or may not be true legally, but I think it would hurt the grand jury process, and anyway, I don't think this is what happened here - the Balco testimony looks to have been leaked illegally.  By the way, I am tired of the notion that journalistic privilege stemming from the first amendment trumps legal compliance with any other laws.  I know the press loves having this, sortof like the double-O license to kill, but I don't buy it.

UPDATE#1

Hey, maybe I can be a lawyer.  Here is Eugene Volokh talking about journalistic privilege today!

UPDATE#2

I forgot to mention that there is an exception to secrecy - the witness may publicly discuss their own testimony.  Again, however, I do not think this is the case here.  I don't think Giambi released these details about his own testimony, and the format of the article - with both sides of the Q&A, is pretty clearly from the transcript of the hearings.  Besides, if Giambi were going to voluntarily go public with this admission, he is much more likely to get paid $10 million to tell it to Barbara Walters than he is to anonymously leak it to the SF Chronicle.