Coyote Blog

The EU has an odd definition of the term "free trade."  Apparently, low taxes, in the EU's world, are irreconcilable with free trade.

In a move that is both remarkable and disturbing, the European
Commission plans to file a complaint - and threaten protectionist trade
barriers - because attractive Swiss tax policies are supposedly a
violation of a free-trade accord. The bureaucrats in Brussels are not
arguing that Switzerland is imposing barriers against EU products.
Instead, the Commission actually is taking the position that low taxes
are attracting businesses that might otherwise operate in high-tax
nations. The implications of this radical assertion are
breathtaking. It certainly is true that a nation with more
laissez-faire policy will attract economic activity from neighbors with
more burdensome levels of government. But if this migration of jobs and
investment is a "distortion" or trade, then the only "solution" is
complete and total harmonization of all taxes (and regulations,
spending, etc). If the Euro-crats succeed with this argument at the
European level, it will be just a matter of time before similar cases
are filed at the World Trade Organization.

New SEC rules being drafted by the Bush administration are set to declare that Paris Hilton is a fully "accredited investor" with full freedom to invest in any way she likes.  I, who graduated near the top of my class at Harvard Business School, shall likewise be declared not capable of investing and the government will limit my options "for my own good"

The U.S. Securities and Exchange Commission (SEC) has just proposed
that the amount of liquid net worth an individual must have before
investing in hedge funds and other so-called risky investments be
raised to as much as $2.5 million.

The largest program the government has for protecting us from our own investing incompetence is called Social Security, which takes retirement savings from us by force and has the government invest it for us.   As I showed in previous posts, Social Security is returning -0.8% a year on our savings.  Thank god the government is investing this money for us - no way I could have beaten a -0.8% a year return during the greatest 20-year bull market of all time.

Tinfoil Hat Observation:  I use Google search to find old posts on my site.  Usually it is flawless.  For some reason, though, my post titled Social Security Ripoff is not indexed by Google.  A follow-up post on the same day is indexed, as you can see from this search, but not the original.  I have never failed to pull up a post before, even with inexact search words, and have never failed with the exact title in the search.  Weird.   Maybe something in the comments, I will have to check.

It is always worth reinforcing this distinction, Via Cato-at-Liberty:

Representatives of the business community frequently are the worst
enemies of freedom. They often seek special subsidies and handouts, and
commonly conspire with politicians to thwart competition (conveniently,
they want competition among their suppliers, just not for their own
products). Fortunately, most business organizations still tend to be -
on balance - supporters of limited government. But as the Wall Street Journal notes, some state and local chambers of commerce have become relentless enemies of good policy

I'm not sure this one even needs comment, via Tom Kirkendall

A volunteer waitress and a widowed great-grandmother who tends bar at
the Lake Elsinore Elks Lodge are due in court later this month after
pleading not guilty to misdemeanor charges of operating an illegal
gambling operation.

Margaret Hamblin, 73, and 39-year-old Cari Gardner, who donates her
time as a waitress at the lodge, face up to one year in jail and a
$5,000 fine for allegedly running a $50 football pool [ed: yes, fifty whole dollars] at the facility,
the Press-Enterprise reported.

The charges stem from a Nov. 20 investigation by state Department of
Alcoholic Beverage Control agents into an anonymous tip that lodge
members bet on NFL games.

Behind the bar, the armed agents found an envelope with $5 from each
of the 10 members taking part in the pool. The person who came closest
to guessing the combined score of the Jacksonville Jaguars and the New
York Giants was to pocket the contents, according to the
Press-Enterprise.

"It was just regular 'Monday Night Football,' " said Hamblin, who
has tended bar for 40 years, six of them at the lodge. "We were sitting
at the bar, and the gang wanted to do something," she said, according
to the newspaper.

Timothy Clark, who heads the department's Riverside district, which
issued the citations, said football pools "are a violation of the law,
and we will take whatever we feel is appropriate action to ensure
compliance by our licensees," the newspaper reported.

Every day, the government makes it a little bit harder to run a business.  Today's water drop in the ongoing Chinese water torture comes from TJIC up in Massachusetts

Governor Deval Patrick, returning to one of the more contentious
issues of his campaign, has begun quietly putting together a plan to
limit employers' access to the criminal records of potential employees.

Aides have been meeting with lawmakers and advocates working
to limit the scope of the Criminal Offender Record Information law,
which gives many employers broad access to criminal records. Activists
argue that many applicants are rejected for jobs based on minor
criminal convictions, crimes unrelated to the post"¦

Somehow, they are going to do this:

Patrick has not yet settled on specific legislation, an aide said, but
wants to give employers access only to criminal information that is
relevant to the job being sought.

Let me ask you readers a question:  If a company hires an employee with a criminal background who then does harm to someone (say a customer or another employee) in the workplace, who get's sued:

1. The employee, who is held individually responsible for his own actions
2. The employer, who hired the employee in good faith but was not able to get a reference (because lawsuits have pretty much ended the practice of giving honest information about ex-employees) and was not able to do a background check (because the government would no longer share criminal records)

If you answered "1", then you either have been in cryogenic sleep for 30 years or you have never run a business.  No hope, I suppose, of tying liability protection for employers to this legislation, I guess.

By the way, the 800 pound gorilla in the room is the war on drugs.  I am sure the concern here is that more and more white collar workers are saddled with petty drug convictions that are hurting their ability to get jobs.  I would have not problem wiping all the drug possession offenses off the record, particularly since I don't think these possession offenses should be crimes anyway.

Update: From the indispensable Overlawyered.com

So can I assume from all the angst over this that no scientist who is a strong proponent of anthropomorphic global warming has ever accepted money or an honorarium for their research or publication?  May I assume that no environmental group has ever screened who they were going to give research grants to based on the scientist's prior writings and outlook on the topic?

No?   I can't assume those things?  Then what the hell is all the fuss about?  Paraphrasing Casablanca, its like being shocked  (shocked!)  that planned parenthood gives most of their political money to Democrats.  Science today runs on money.  Ask a professor.  It is no longer "publish or perish" it's "get grant money or perish."  Isn't this whole brouhaha really a subset of the free speech debates that are going on today?  In the latter, folks of one ilk or another argue that some speech or position (e.g. holocaust denial) is so outrageous as not to be covered by free speech rights.  Isn't that what this whole debate is about -- ie, are we going to label global warming skepticism as so outrageous and untenable that we are not going to allow money to be spent or speech to be allowed from its proponents?

In that light, it sure raises the stakes on trying to hold onto political power, if politicians are allowed to define what speech, and scientific inquiry, is allowed.

Update:  Whoops, I just saw this.  I think I am on to something.  James Taranto quotes the Boston Globe's Ellen Goodman:

I would like to say we're at a point where global warming is impossible to deny. Let's just say that global warming deniers are now on a par with Holocaust deniers, though one denies the past and the other denies the present and future.

Can you imagine any other product or service you buy for which you would have to sign this release, which was part of my health insurance application (emphasis added):

You understand and agree that you are applying for individual health
insurance for you (and your family).  You further understand that this
application for health insurance will be fully medically underwritten
and that coverage is not guaranteed. You are personally paying the
entire premium for this health insurance coverage.  Your employer is
not contributing in any way to the payment of premium, either directly
or indirectly.

Do you agree with these statements?

You mean my company is not paying for my new Taurus?

Kevin Drum is concerned that projected drops in Mexican oil production are a leading indicator that the "Peak Oil" theory is coming true.  I would argue that, in fact, it is a trailing indicator of what happens when you let governments run producing assets.  Drum says:

The issue here isn't that Cantarell is declining. That began a couple
of years ago and had been widely anticipated. What's news is that, just
as many peak oil theorists have been warning, when big fields start to
decline they decline faster than anyone expects. So far, Cantarell
appears to be evidence that they're right.

Actually, fields in the US do not tend to decline "all of a sudden" like that.  Why?  Because unlike about any other place in the world, oil fields in the US are owned by private companies with capital to make long-term investments that are not subject to the vagaries of political opportunism and populism.  There are a lot of things you can do to an aging oil field, particularly with $60 prices to justify the effort, to increase or maintain production.  In accordance with the laws of diminishing returns, all of them require increasing amounts of capital and intelligent management.

Unfortunately, state owned oil companies like Pemex (whose assets, by the way, were stolen years ago from US owners) are run terribly, like every other state-owned company in the world.  And, when politicians in Mexico are faced with a choice between making capital available for long-term investment in the fields or dropping it into yet another silly government program or transfer payment scheme, they do the latter.  And when politicians have a choice between running an employment meritocracy or creating a huge bureaucracy of jobs for life for their cronies they choose the latter. 

I am not arguing that US politicians are any different from their Mexican counterparts, because they are not -- they make these same stupid choices in the same stupid ways.  The only difference is that we have been smart enough, Mr. Drum's and Nancy Pelosi's heartfelt wishes notwithstanding, not to put politicians in charge of the oil fields.

By the way, I wrote on Peak Oil here.  A while back I dug into the 1870 archives of our predecesor publication, the Coyote Broadsheet, to find an article on the "Peak Whale" theory:

[April 17, 1870]  As the US Population reaches toward the astronomical
total of 40 million persons, we are reaching the limits of the number
of people this earth can support.    If one were to extrapolate current
population growth rates, this country in a hundred years could have
over 250 million people in it!  Now of course, that figure is
impossible - the farmland of this country couldn't possibly support
even half this number.  But it is interesting to consider the
environmental consequences.

Take the issue of transportation.  Currently there are over 11
million horses in this country, the feeding and care of which
constitute a significant part of our economy.  A population of 250
million would imply the need for nearly 70 million horses in this
country, and this is even before one considers the fact that "horse
intensity", or the average number of horses per family, has been
increasing steadily over the last several decades.  It is not
unreasonable, therefore, to assume that so many people might need 100
million horses to fulfill all their transportation needs.  There is
just no way this admittedly bountiful nation could support 100 million
horses.  The disposal of their manure alone would create an
environmental problem of unprecedented magnitude.

Or, take the case of illuminant.  As the population grows, the
demand for illuminant should grow at least as quickly.  However, whale
catches and therefore whale oil supply has leveled off of late, such
that many are talking about the "peak whale" phenomena, which refers to
the theory that whale oil production may have already passed its peak.
250 million people would use up the entire supply of the world's whales
four or five times over, leaving none for poorer nations of the world.

I really hate voice mail.  It's like reverting back to the bad old days when data was stored on tapes and you had to spool through the whole thing to get what you want.  If you have 8 or 10 voice mails, there is no way to scan them to find the most important, you have to listen to them in order.  And how many times have you listened for five minutes to someone rambling on, waiting forever for them to get to the point or just give you their freaking phone number so you can call back.

So I am excited to try this service called SimulScribe.  Right now, it appears set up mostly for mobile phones, but I have an email into them about land lines.  Basically, you forward you phone to them when you don't pick up, and they record the message from the caller and then transcribe the message and send it to you by email or text messaging.  According to PC Magazine, it works pretty well.

Here is one reason that my regard for the police has fallen over the years:  Since I was about 25, I have had about an equal number of traffic tickets and robberies.  I have had my car broken into on four separate occasions, and have had my garage burgled once, and have had my company's property broken into and robbed seven or eight times.  Over that same period I have probably had 8 or 10 tickets (though unfortunately four of them were in the same year, causing me to face losing my license).  Can you guess which category the police spent the most time on?

Let's take the most recent example of each.  On the ticket side, I was cited for not getting all the way into the right-hand turn lane before making my right turn (really).  It was about six in the morning.  The cop had obviously invested substantial time waiting at that corner, hoping to catch a miscreant.  Then, once citing me, he went through the trouble of making notes on the incident and then showing up on my court date and testifying from his notes to make sure I was punished for my crime.

OK, now the burglary side.  My car was broken into in a parking lot at night, and my golf clubs were stolen, ironically at the exact same corner where I was busted for making a sloppy right-hand turn.  I called the police.  I'll bet anyone who has experienced such a theft already knows what happened.  I begged and pleaded to get a police officer out to the scene of the crime.  Nope, sorry, too busy.  No one would even bother to show up.  I begged them, saying that there was a security camera and the crime probably was on tape -- nope, sorry.  To even get a police report in the system (which my insurance company needed) I had to go to the police station myself and fill out all the paperwork.  When I turned in the paperwork, I asked who would be working on the crime, and they just looked at me pityingly, like a small naive child.  Because, of course, no one was going to spend one second on the crime.  Just like no one had ever spent a single second investigating any other of the thefts of my property.

So do you see my reason for resentment?  I naively used to think that breaking and entering and theft were far worse crimes than making a poor right turn.  But, conservatively, America's combined police forces probably spent over thirty man hours making sure I was punished for my traffic violations, while they invested zero time solving a series of thefts.

So it was with dumb shock that I got the news that the Coconino County Sheriff's department had actually solved a petty theft case against my property in the Flagstaff area, had apprehended the criminals, and had recovered some of the stolen property.  Now granted, these thiefs were dumb as a post, left what was essentially a calling card on the site, and were convicted felons who were well known to the local police.  But still, credit where credit is due.  Thanks.  Finally.   

Frequent readers will remember that licensing is one of my big pet peaves, so it will not surpise anyone that I enjoyed TJIC's article on the licensing "cycle of suck"

Here's the cycle of suck:

1. a guild of professionals decides to drive up their wages by limiting the supply through accreditation
2. to put teeth in the accreditation, they complain to the politicians
3. politicians see a chance to scratch a back (and get theirs
   scratched in turn) and pass regulations limiting the practice of the
   profession by the non-accredited
4. the price rises and the supply drops
5. marginal consumers can't afford the price
6. politicians see a chance to scratch a back (and get theirs
   scratched in turn) and use taxpayer dollars to increase the supply of a
   service"¦but just to a target consumer group

Hair braiding or delivering cows, its all the same phenomena.  As usual, I can't make a post on licensing without a quote from Milton Friedman:

The justification offered is always the same: to protect the consumer. However, the reason
is demonstrated by observing who lobbies at the state legislature for
the imposition or strengthening of licensure. The lobbyists are
invariably representatives of the occupation in question rather than of
the customers. True enough, plumbers presumably know better than anyone
else what their customers need to be protected against. However, it is
hard to regard altruistic concern for their customers as the primary
motive behind their determined efforts to get legal power to decide who
may be a plumber.

More of my posts on this topic indexed here.

While we all argue about man's impact on the climate (my most recent take here), why isn't anyone checking the thermostat?

The New
Scientist report, along with other scientific assessments warning of
global cooling, also come as a blow to the campaign -- led by David
Suzuki and one of the directors of his foundation -- to portray all who
raise doubts about climate change theory -- so-called skeptics -- as
pawns of corporate PR thugs manipulating opinion. If the Suzuki claim
is true, then the tentacles of Exxon-Mobil reach deeper into science
than anyone has so far imagined.

Dramatic global temperature fluctuations, as New Scientist
reports, are the norm. A Little Ice Age struck Europe in the 17th
century. New Yorkers once walked from Manhattan to Staten Island across
a frozen harbour. About 200 years earlier, New Scientist reminds us, a
sharp downturn in temperatures turned fertile Greenland into Arctic
wasteland.

These and other temperature swings corresponded with changing
solar activity. "It's a boom-bust system, and I expect a crash soon,"
says Nigel Weiss, a solar physicist at the University of Cambridge.
Scientists cannot say precisely how big the coming cooling will be, but
it could at minimum be enough to offset the current theoretical impact
of man-made global warming. Sam Solanki, of the Max Planck Institute
for Solar System Research in Germany, says declining solar activity
could drop global temperatures by 0.2 degrees Celsius. "It might not
sound like much," says New Scientist writer Stuart Clark, "but this
temperature reversal would be as big as the most optimistic estimate of
the results of restricting greenhouse-gas emissions until 2050 in line
with the Kyoto protocol."

It turns out that while we may be encountering some of the highest temperatures in a couple of centuries, the sun's output is also at its highest point in centuries:

For the last couple of years, much of the debate about detention at Gitmo has focused  on silly arguments about torture.  Flushing a Koran -- Torture!  Showing a picture of a naked girl -- Torture!  The comfy chair  -- Torture!  As I wrote in this post,

Here is my fervent hope:  If I ever find myself imprisoned by hostile
forces, I pray that they will torture me by sitting me in a chair and
having me watch them flush books down the toilet.

If I bought into the theory of Rovian infallibility, I might argue that this was all a clever trick to distract the country with the left hand while the right was really doing the damage.  Whether planned or not, the media certainly fixated on the left hand, while the right was doing this:

In a series of probing and sometimes testy exchanges with a government
lawyer, two of three judges on a federal appeals court panel here
indicated Thursday that they might not be prepared to accept the Bush
administration's claim that it has the unilateral power to detain
people it calls enemy combatants....

"What would prevent you from plucking up anyone and saying, "˜You are
an enemy combatant?' " Judge Roger L. Gregory of the United States
Court of Appeals for the Fourth Circuit asked the administration's
lawyer, David B. Salmons.

Mr. Salmons said the executive branch
was entitled to make that judgment in wartime without interference from
the courts. "A citizen, no less than an alien, can be an enemy
combatant," he added.

The real threat to freedom and the American way here was always the Bush administration's incredible theory that it had a right to name anyone a combatant and then detain them forever, without any sort of independent review or appeal.  Particularly in a "war" with no defined enemy.  It's incredible to me that the Congress and courts have let this slide as long as they have, and good to see some scrutiny may finally be applied.  Hat tip: Reason.  More here, here, here.  Looking back through my archives, I seem to have made this same point months ago:

One of the problems I have making common cause with many of the
civil rights critics of the Bush administration is that they tend to
hurt legitimate civil rights by exaggerating their claims into the
ridiculous. 

A good example is detentions at Gitmo.  I believe strongly that the
Bush administration's invented concept of unlimited-length detentions
without trial or judicial review is obscene and needed to be halted.
But critics of Bush quickly shifted the focus to "torture" at Gitmo, a
charge that in light of the facts appears ridiculous
to most rational people, including me.  As a result, the
administration's desire to hold people indefinitely without due process
has been aided by Bush's critics, who have shifted the focus to a
subject that is much more easily defended on the facts.

A few days ago, I did the calculations on my Social Security statement and discovered the government was paying me a -0.8% a year return (yes that is negative) on the taxes paid into the system on my behalf.  But rest assured, government workers, who know they are sticking it to us with Social Security, would never allow such a thing to happen with their own pensions:

In New York and Oregon, public employees who contribute their own money
to retirement plans get a guaranteed rate of return that is often far
beyond what the market provides, and taxpayers must make up the
difference. In Oregon, the return is 8 percent annually"”about double
what safe investments like treasury bonds provide today.

Part of a great article by Steven Malanga on the growing power of public sector unions.

I propose that we waive the normal waiting period and induct Eliot Spitzer right away into the statist hall of fame.  Few men in modern government have been able to demonstrate such a lack of respect for the rule of law and individual rights vs. their own power than Mr. Spitzer:

New York Gov. Eliot Spitzer was unabashed on Wednesday
about declaring himself a "steamroller" and the most accomplished
governor in the history of the state after three weeks on the job.

"I
am a fucking steamroller and I'll roll over you or anybody else," the
Democratic governor told Republican Assemblyman James Tedisco in a
private conversation last week, the New York Post reported on Wednesday.

"I've done more in three weeks than any governor has done in the history of the state," Spitzer also said, the Post reported. 

Asked at a news conference if the comments were inappropriately boastful, Spitzer replied tersely, "No. Next question."

Twenty-five years ago at Princeton, Mr. Spitzer's uniquely irritating ruling style inspired the normally silent and apathetic majority to rise up in an incredibly humorous coup, let by the Antarctic Liberation Front.

As a strong libertarian, I have all kinds of problems with the government in this country.  However, I always scratch my head when people try to make the case that certain European countries are more free and open than the US.  The facts just don't bear this out.  First, the US at least has a written Constitution that make some attempt to define government's purpose as the protection of individual rights.  Now, our government fails at this all the time, but at least there is something there in writing we can try to hang on to;  European countries have nothing like it.

In particular, Europe has never had the strong tradition of free speech that we have in the US.  Often folks in the US, particularly on the left, confuse Europe's receptiveness to leftish comments by Americans with general openness to free speech.  In fact, just the opposite is true:

People who question the official history of recent
conflicts in Africa and the Balkans could be jailed for up to three
years for "genocide denial", under proposed EU legislation.

Germany,
current holder of the EU's rotating presidency, will table new
legislation to outlaw "racism and xenophobia" this spring.

Included in the draft EU directive are plans to outlaw Holocaust denial, creating an offence that does not exist in British law.

But
the proposals, seen by The Daily Telegraph, go much further and would
criminalise those who question the extent of war crimes that have taken
place in the past 20 years.

For years, I and most free speech advocates in this country have criticized the holocaust-denial laws as the mother of all slippery slopes.  Holocaust deniers should have the same speech rights as any other moonbat out there.  Now, you can see the EU starting to slide down this slope, as more speech is criminalized.  The article goes on:

If agreed by EU member states, the legislation is likely to declare
open season for human rights activists and organisations seeking to
establish a body of genocide denial law in Europe's courts.

Who needs jackbooted government dictators when we have "human rights activists" available to muzzle our speech. 

There was a lot of thanking God for the Colts victory today.  I would love to see the losing coach come on TV after such an interview and say "you heard it -- God was against us.  What chance did we have?"

Update:  I would love to see this on John Madden's etch-a-sketch.  "OK, here's Grossman dropping back for a pass, he throws it across here, and BOOM, God knocks it right out of the receiver's hands.  First down Colts, game over."

At the risk of being way to geeky here, I would like to ask the computer world if they could find some way for me to have a RAID disk drive array on my custom built PC's without having to also buy and install a floppy disk drive that I only use once.  For those who don't know, a RAID is an array of multiple, usually identical, hard drives that can be combined together for redundancy.  For example, two 250GB hard drives can be combined in a RAID such that they appear to be one 250GB drive to the system, but all data is mirrored on both drives, so if one fails, you still have everything, even without making backups.  I usually build RAIDs into my computers, either for redundancy or, if that is not needed, at least to combine multiple drives into one drive letter.  You can even build a raid where all files are split between the two drives, which is a reliability problem but makes for wicked fast drive access (kind of like splitting calculations between two CPUs)

Unfortunately, on most motherboards, the only way to install the RAID drivers if I want to install Windows onto the RAID is to load them with an old 3-1/2 inch floppy.  Which means I usually install a floppy drive on every build -- OK, its only $20 or so, but it still seems like a waste.   On my own computers, I just have one redundant floppy I pass around, but when I build for others, I don't want to leave them hanging if they have to reinstall the OS. 

I would think that this should be doable via a USB key, but I have never tried it.  Anyone out there know a better way?

</geekiness>  OK, I will now return to economics and business.

Every year about this time, the NFL earns itself some bad press for busting some small bar or local group for using the word "Superbowl" rather than that catchy phrase "the big game on the first Sunday in February down in Miami."  This year, the bad press honor goes to the NFL for shutting down a party at a church in Indianapolis for having a screen too large.  (Hey NFL!  I am breaking the law!  I have a 110" front projection TV, twice the "legal" 55-inch limit, and I am showing the game on it at my party.  HA HA HA!).  And by the way, what lapdog legislator wrote this law for them, and did he get Superbowl tickets for life?

Now, I understand the situation with copyrights - if you don't defend them vigorously and even-handedly, you can lose them.  I seem to remember Exxon or some other chemical company lost the rights tot he name Formica when they let it be used too generically for counter-top materials.  And the NFL PR people use this defense every year, saying "we really don't want to shut down these folks, but we have to." 

I don't agree that individual words should be copyrighted such that their use in a broad range of contexts should be illegal.  I am fine saying that I can't create another peanut butter and call it "Jif."  I will accept P&G has some sole right in this country to that use.  However, I don't think P&G can tell me that I can't advertise a "Jif party" feature their peanut butter.  In the same way, I am willing to grant the NFL exclusive use of "Superbowl" to describe a sporting event, but I don't think that should restrict me from advertising that people should come to my bar to watch the Superbowl.  And just to add one more example so I have a "threepeat," I don't think Pat Riley should have any ownership in that word.   However, since copyright law is not going to change tomorrow, I will offer up a more modest change.

So here is my suggestion.  The NFL needs to offer a one time use license each year for a bar or other establishment to hold a Superbowl party and actually use Superbowl in the promotion.  The license would of course be non-exclusive, and would carry a myriad of restrictions on how you use the name, etc.   The license could be purchased for a price that would be cheap for a business, maybe $200, and could be purchased right over the web.  It would actually be easier, I think, to go after violators because the NFL could point to the existence of a legal licensing program the violator could easily have participated in.  I would think they could easily bring in a couple of million dollars, not to mention saving them enforcement money and PR headaches.

PS-  Welcome to the NFL intellectual property department.  I presume I included enough verboten uses of "Superbowl" to catch your search engine's attention.

PPS-  My Firefox spell checker (which I love!) does not have "Superbowl" in it.  I wonder, would the NFL consider it a copyright violation for a program to use the word "Superbowl" in its dictionary?

TJIC has a great link to a new law blog called CopyOwner focused no free speech issues.  CopyOwner observes that Culver City, California appears to be emulating the Chinese Internet model, providing access for free, but only if you accept state censoring:

First, they offer Internet access, but you must agree to "limited"
Internet access. And they don't mean limited hours of the day, limited
locations, or a limited amount of time you can be on. No, when they say
"limited," they mean that they will censor access to parts of the
Internet. ("By using this free wireless network you are agreeing and
acknowledging you have read and accepted these terms and conditions of
use, and this wireless network provides only limited access to the
Internet.") In other words, they do not offer Internet access at all....

Second, in order to gain the right to enjoy
this free, public, non-Internet access, no matter what you read in the
Bill of Rights (and the First Amendment, in particular) you must agree
that the government may abridge your freedom of speech and you further
agree that when it does so (as it promises to do), you will not
exercise your right to sue for the violation of your First Amendment
rights!

I'm not making this up. Here's the fine print:
"Further, [by using it] you are agreeing to waive any claims,
including, but not limited to First Amendment claims, that may arise
from the City and Agency's decision to block access to "¦ matter and
websites [of its choosing] through this free wireless network "¦."

From
a legal standpoint, it is the same as if the Culver City public library
were offering you free access to newspapers, but was first clipping out
the articles it didn't like and making you agree not to sue for
censorship if you wanted to read what was left.

My thought at first was that this was a liability response, but my sense is that the courts have been pretty consistent in protecting ISPs when plaintiff lawyers try to drag them in as deep pockets into lawsuits  (e.g. trying to sue Earthlink because it was the medium for delivering a MySpace page which in turn allegedly facilitated some action someone is suing over).  I am left with the sense that this is just politicians trying to protect themselves from criticism.  I am almost tempted to see how this thing plays out - censorship really gets ugly in a democratic environment.  You end up with a million interest groups all lobbying that they know best what should be censored.  You would have people in the town office arguing for censorship of pornography, religion (both pro and con), evolution (pro and con), nazis, Israel, global warming skepticism.  Whatever.  (By the way, I have seen people arguing in some context for censoring every item in the preceding list)

A while ago, I ranted a bit about a stupid census for our business had to fill out.  We get a lot of government data requests that go beyond the numbers required for things like taxes, that are generally being collected by the Census Bureau or the Depart of Labor or some such agency.  I throw out unanswered all but the ones that say my response is required by law, but that still leaves quite a few. 

A commenter on this post asked why I get so worked up  -- wouldn't you rather the government have good data than bad?  And I finally figured out what really irritates me about these forms.  It is this thought, that is always in the back of my head, and which if there was any justice would be put on the forms themselves:

"Information on these forms will be used by the government to justify taking more tax money from you and/or to justify further restricting your freedoms."

From the department of absolutely predictable unintended consequences, "Eco-friendly" fuels are destroying the rain forest.  TJIC has a great post that I can't improve on, so I will send you there.

Mitt Romney promised his state a health care free lunch, and everyone believed him.  So much so that other states are copying his plan.  Well, the charade is ending:

Last year, then-Gov. Mitt Romney made headlines by signing legislation
to cover all the state's uninsured. . . Romney suggested that annual
premiums for a single worker might total $2,400. But when insurance
companies recently provided real estimates, the cost was much higher:
$4,560.

Arnold Kling cries "I told you so."    And, I did too.

Low-deductible health care insurance (Massachusetts does not allow, by law, any other kind) is nuts, but it is what everyone is used to.  For some reason, people have a huge aversion to paying for medical costs directly, even if it is demonstrably cheaper.  Samuelson gets at this in his article when he says:

For decades, Americans have treated health care as if it exists in a
separate economic and political world: When people need care, they
should get it; costs should remain out of sight

Let us take a quick example.  Let's say that the average family generates $1000 in medical costs in a normal year, that is, without any major hospitalizations.  This would mean that if I got an insurance policy with a $1000 deductible, my coverage should be (relatively) cheap, since I am only really insurance against catastrophes -- I am effectively paying my normal annual costs out of pocket.

Now let's say I switch to a zero deductible. The premiums are going to have to be at least a thousand dollars higher a year.  And, in fact, they are likely to be more, given markups and administrative costs.  And that extra $1000+ will now be unavoidable to me, whereas I might have managed my own out of pocket spending lower if I am paying the bills.  Paying for a health care plan that covers one's normal annual medical costs is a dead loss.  There is no free lunch  (except for tax -- historically, medical costs payed by the employer were tax deductible, whereas costs paid out of your own pocket were not, which is one reason our health care market is structured in such a silly manner).

A while back, I switched from a $500 deductible plan to a $3500 deductible plan (I pay for my own health care).  You know how much I save in annual premiums?  $3000!  Talk about the biggest no-brainer ever.  Even if my annual health care spending was $3500, this would still be a break-even decision.  But since my actual spending in a normal year is probably $1000-$1500  (depending mainly on whether my wife or I get sent for some weird test) this was a huge financial gain.  And remember, this decision would not have been available to me in Massachusetts, because they do not allow high-deductible health insurance.  For some reason we are all caught up in this paradigm that health care expenses remain out of sight.  Even my wife, the Harvard MBA  (but from Massachusetts!) took some time to get comfortable with the concept of paying medical expenses out of pocket -- you're not supposed to do that, that's what insurance is for!

Apparently, the Democratic Congress is trying to "take on" high executive pay with some kind of punitive taxation plan.  This fits well into a class of legislation I would describe as "useless at best, probably counter-productive, but of high symbolic value to our base," something to which both parties are unbelievably susceptible.

I'm confused, by the way, about why exactly I should care how much CEOs are paid, particularly for executives that don't work for companies in which I own stock?  I don't think Paris Hilton, George Clooney, or the CEO of Home Depot are worth what they are paid, but I don't know how it affects me except perhaps for some simmering envy.  Does anyone with above a 5th grade education really believe that they will pay one cent less for gas or a refinery worker will make one dollar more if the CEO of Shell is paid less?

I do understand why the shareholders of Home Depot might be pissed off about what they were paying their CEO, or more accurately, what they paid him to go away.  I am sure the Arizona Cardinals felt the same way about Dennis Green.  Now, if Democrats wanted to suggest that shareholder voting and corporate governance rules needed to be amended to make it easier for shareholders to hold managers accountable for bad decisions and to overrule sweetheart deals between buddies on the board, I am very open to listening.

Most of you know I tend to avoid the topic of religion like the plague on this blog, but suffice it so say that I am a secular guy.  But that doesn't stop me from being scared of this guy (Chris Hedges at the Nation Institute):

This is the awful paradox of tolerance. There arise moments when
those who would destroy the tolerance that makes an open society
possible should no longer be tolerated. They must be held accountable
by institutions that maintain the free exchange of ideas and liberty.

The radical Christian Right must be forced to include other points
of view to counter their hate talk in their own broadcasts, watched by
tens of millions of Americans. They must be denied the right to
demonize whole segments of American society, saying they are
manipulated by Satan and worthy only of conversion or eradication. They
must be made to treat their opponents with respect and acknowledge the
right of a fair hearing even as they exercise their own freedom to
disagree with their opponents.

Passivity in the face of the rise of the Christian Right threatens
the democratic state. And the movement has targeted the last remaining
obstacles to its systems of indoctrination, mounting a fierce campaign
to defeat hate-crime legislation, fearing the courts could apply it to
them as they spew hate talk over the radio, television and Internet.

Whoa, Nellie.  The "forced to be free" thing never really works out very well, I promise.  I find the outright socialism preached by much of academia to be scary as hell and an incredible threat to me personally as a business owner, but you won't catch me trying to get the government to muzzle them.  Hedges attitude is consistent with opposition to school choice discussed here by Neal McCluskey of Cato:

Another frequent objection to letting parents choose their kids'
schools is that American children need to be steeped in a shared
worldview, lest they be in constant combat as adults. This arose as a
major line of argument in a Free Republic discussion about Why We Fight,
and is very similar to the "Americanization" mission given to
industrial-era public schools, where immigrant students were taught to
reject the customs and values of their parents' lands "” and often their
parents themselves "” and adopt the values political elites deemed
proper.

Now, if one were willing to accept a system that would, by
definition, quash any thoughts not officially sanctioned, then in
theory one would be okay with a public schooling system intended to
force uniform thought. In the context of an otherwise free society,
however, getting such a system to work is impossible, because
it would require that incredibly diverse and constantly combative
adults create and run an education system that somehow produces uniform
and placid graduates. It's no more realistic than hoping a tornado will
drop houses in a more perfect line than it found them.

The practical result of our trying to make uniformity out of diversity has, of course, been constant conflict, as Why We Fight
makes clear. Moreover, there is another by-product of this process that
no one mentions when they weave scenarios about choice producing
schools steeped in ignorance: our schools right now teach very little, especially in the most contentious areas like evolution and history, because they want to avoid conflict.

It all kind of makes a mockery of the left's favorite word "diversity."  One suspects what they want is for people of all color and backgrounds to come together and... think just like they do.  This seems to be part of the same strategy here to bring back the fairness doctrine.

PS- Remember, before you flame me, I am a secularist here defending the right of everyone to speak.  I am not defending Pat Robertson per se, because I almost never agree with the guy, but I am defending his right to say whatever he wants on TV.