Post Politics

Do we have any scrap of evidence that [the Chinese Exclusion Act] made us better off?

Wednesday, July 17th, 2013

Michael Clemens, about 70 minutes into a podcast interview says no. I’d have liked to hear more, but this was just a passing mention in a somewhat abstract conversation about Clemens’ paper Economics and Emigration: Trillion-Dollar Bills on the Sidewalk? which I wrote about last year (and similarly used a pull quote headline). I recommend the podcast and paper.

A Skeleton in His Closet
Unhelpful hypocrisy, 1912 as now.

I suspect that most people, if they are aware of the Chinese Exclusion Act (1882) at all, might consider it with some combination of shame, historical distance, and ignorance.

The Act’s precise method (explicitly race-based exclusion) may seem anachronistic (the distant view), its shameful rationale and effects are the same as the slightly less bald, but much more extensive contemporary international apartheid regime.

Neither the Act nor contemporary restrictions are only to be mourned for their shameful anti-humanitarian effects and their suppression of huge amounts of measured economic activity, but for their making of a qualitatively less interesting world. The U.S. Chinese population was essentially frozen between 1880 and 1940 and most Chinese neighborhoods in the western part of the country, of which there were many, disappeared. I speculate that the western US in particular would have had a much more rich history and contemporary institutions, and the US and China a much richer relationship, than we have now, had the interregnum created by the Act had not occurred.

I recently noticed a group blog called Open Borders. I’d like to read all their posts and write a summary review, but please beat me to it.

Suppose they gave a war on terror and a few exposed it as terror

Sunday, June 9th, 2013

I do not recommend anyone join the murderous institutions of the U.S. security state (and the minimum age for making such a grave error needs to be raised, worldwide). Those who do not are everyday heroes. Those who make the mistake of joining a criminal network and, realizing at least in part what they have done, seek to expose its systematic criminality, are extraordinary heroes, e.g., Bradley Manning and Edward Snowden.

Obviously Manning should be freed and granted something with more meaning than the so-called Nobel Peace Prize, and Snowden should remain free. Both tremendous uphill battles that I fully support.

But punishment of murderers is also necessary. I look forward to the U.S. submitting to the International Criminal Court, and many officials and contractors of the Bush-Obama regime being tried.

An unlikely dream, yes. But unlike the saying this post plays on, leaking does not require unanimity. Unfortunately the nature of the terror war has been in full view for a long time and I don’t expect new revelations to change anything.

Speaking of dreaming, I hold some hope that those who see a little into the future (i.e., the dominance of computation) might have an outsized impact on increasing the probability of a slightly better future. Unfortunately the security state is making us look like clowns, even while we laugh at their awful slide designs.

Economics and The Wealth of the Commons Conference

Thursday, May 9th, 2013

The Wealth of the Commons: A world beyond market & state is finally available online in its entirety.

I’ll post a review in the fullness of time, but for now I recommend reading the 73 essays in the book (mine is not the essay I’d contribute today, but think it useful anyway) not primarily as critiques of market, state, their combination, or economics — it’s very difficult to say anything new concerning these dominant institutions. Instead read the essays as meditations, explorations, and provocations for expanding the spaces in human society — across a huge range of activity — which are ruled not via exclusivity (of property or state control) but are nonetheless governed to the extent needed to prevent depredation.

The benefits of moving to commons regimes might be characterized any number of ways, e.g., reducing transaction costs, decreasing alienation and rent seeking, increasing autonomy and solidarity. Although a nobel prize in economics has been awarded for research on certain kinds of commons, my feeling is that the class is severely under-characterized and under-valued by social scientists, and thus by almost everyone else. At the extreme we might consider all of civilization and nature as commons upon which our seemingly dominant institutions are merely froth.

Another thing to keep in mind when reading the book’s diverse essays is that the commons “paradigm” is pluralistic. I wonder the extent to which reform of any institution, dominant or otherwise, away from capture and enclosure, toward the benefit and participation of all its constituents, might be characterized as commoning?

Whatever the scope of commoning, we don’t know how to do it very well. How to provision and govern resources, even knowledge, without exclusivity and control, can boggle the mind. I suspect there is tremendous room to increase the freedom and equality of all humans through learning-by-doing (and researching) more activities in a commons-orientated way. One might say our lack of knowledge about the commons is a tragedy.

Later this month the Economics and the Commons Conference, organized by Wealth of the Commons editors David Bollier and Silke Helfrich, with Michel Bauwens, will bring together 240 researchers, practitioners, and advocates deeply enmeshed in various commons efforts. There will be overlapping streams on nature, work, money, infrastructure, and the one I’m coordinator for, knowledge.

I agreed to coordinate the stream because I found exchanges with Bollier and Helfrich stimulating (concerning my book essay, a panel on the problematic relationship of Creative Commons and commons, and subsequently), and because I’m eager to consider knowledge commoning (e.g., free software, culture, open access, copyright reform) outside of their usual venues and endlessly repeated debates, and because I feel that knowledge commons movements have failed dismally to communicate their pertinence to each other and with the rest of the world — thus I welcome the challenge and test case to communicate the pertinence of all knowledge commons movements to other self-described commoners — and finally, to learn from them.

Here are the key themes I hope we can explore in the stream:

  • All commons as knowledge commons, e.g., the shared knowledge necessary to do anything in a commons-oriented way, easily forgotten once exclusivity and control take hold.
  • Knowledge enclosure and commoning throughout history, pre-dating copyright and patent, let alone computers.
  • How to think about and collaborate with contemporary knowledge commoners outside of the contractually constructed and legal reform paradigms, eg transparency and filesharing activists.
  • How can we characterize the value of knowledge commons in ways that can be critiqued and thus are possibly convincing? What would a knowledge commons research agenda look like?
  • If we accept moving the provisioning of almost all knowledge to the commons as an achievable and necessary goal, what strategies and controversies of existing knowledge commons movements (tuned to react against burgeoning enclosure and make incremental progress, while mostly accepting the dominant “intellectual property” discourse) might be reconsidered?

This may appear vastly too much material to cover in approximately 5 hours of dedicated stream sessions, but the methodology consists of brief interventions and debates, not long presentations, and the goal is provocation of new, more commons-oriented, and more cross-cutting strategies and collaborations among knowledge commoners and others, not firm conclusions.

I aim for plenty of stream documentation and followup, but to start the public conversation (the conference has not been publicized thus far due to a hard limit on attendees; now those are settled) by asking each of the “knowledge commoner” participants to recommend a resource (article, blog post, presentation, book, website…) that will inform the conversation on one or more of the themes above. Suggestions are welcome from everyone, attending or not; leave a comment or add to the wiki. Critiques of any of the above also wanted!

Inequality Promotion data point: Intellectual Protectionist CEO pay

Tuesday, May 7th, 2013

Confirming my biases we have For Media Moguls, Paydays That Stand Out. Media company CEOs are the highest compensated of any industry, and are far more highly compensated relative to market capitalization than any other (as has often been pointed out, media companies are a small part of the overall economy and in theory ought to just be bought out in order to end their assault on freedom of communications).

But an even higher proportion of the most compensated CEOs are dependent on intellectual protectionism than is accounted for by the media category. #1 is the CEO of Oracle, #6 is the CEO of Nike (I’m guessing that suppression of counterfeiting is significant), and would-be (due to late filing) #2 is the CEO of Activision-Blizzard, a gaming software company.

Why are IP CEOs unusually highly compensated (thus unusually contributing to inequality)? Why? The article cites concentrated ownership and weak governance of media companies (which begs another question) and concludes:

For the time being, traditional media business models are prospering and the leaders of the incumbents are fat and happy. But that might make them bigger, slower targets and in the end, easier to overtake.

I wouldn’t count on it. If you think inequality is a problem (inherently or because it leads to inequality of power, then law) then intellectual protectionism must be attacked on policy and product fronts.

A “kill hollyweb” plan

Friday, May 3rd, 2013
May 3 is the Day Against DRM (Digital Restrictions Management). Please sign the petition against DRM in the HTML5 standard. Then come back and read this post.

Recently I wrote in Why DRM in HTML5 and what to do about it:

Long term, the only way the DRM threat is going to be put to rest is for free cultural works to become culturally relevant.

I’ve complained many a time that rearguard clicktivism against bad policy is not a winning strategy — especially when such campaigns don’t also promote free-as-in-freedom software and cultural works — because as I put it one of those times:

In a world in which most software and culture are free as in freedom there would be no constituency for attacking the Internet (apart from dictatorships and militarized law enforcement of supposed democracies)

But I’m at fault too for not laying out a specific plan for making some free works culturally relevant, let alone carrying out such a plan.

OK, here’s one plan I recently mentioned offhandedly:

‘free-as-in-freedom ~netflix’
  • crowdfund minimum number of subscriptions needed to begin
  • subscriptions used to really nicely package/stream and promote free as in freedom video
  • start with 1 feature-length video selection each month (perhaps even quarter during a beta phase)
  • mix of contemporary (of which there isn’t much yet) and older public domain movies
  • limited, promoted releases concentrate subscription audience: focused increase of cultural relevance, one work at a time
  • given enough subscriptions, start funding new free videos
  • obviously videos would be DRM-free, in free formats, all software used free software, and all ancillary material also free-as-in-freedom

Good idea? Run with it, or if you’d like to subscribe or otherwise help create it in any way, fill out this 3 question survey. Bad idea, but still care? Let me know via the survey. Or mail ml@gondwanaland.com or contact user mlinksva on some other usual channel.



“Kill Hollyweb” is in part a reference to the Y Combinator Request For Startups 9: Kill Hollywood. The plan above isn’t really a Kill Hollywood plan as it isn’t about replacing movies with some other form of entertainment.

Products that embody openness the most powerful way to shape the policy conversation

Wednesday, May 1st, 2013

Aza Raskin writing about Mozilla:

Developing products that embody openness is the most powerful way to shape the policy conversation. Back those products with hundreds of millions of users and you have a game-changing social movement.

I completely agree, at least when “product” and “policy” are construed broadly — both include, e.g., marketing and adoption/use/joining of products, communities, ethics, ideas, etc. Raskin’s phrasing also (understandably, as he’s working for Mozilla) emphasizes central organizations as the actor (which backs products with users, rather than users adopting the product, and participating in its development) more than I’d like, but that’s nuance.

This is why I complain about rearguard clicktivism against bad policy that totally fails to leverage the communication opportunity to also promote good policy and especially products that embody good policy, and even campaigns for good policy concepts that fail to also promote products which embody the promoted policy.

To summarize, there’s product competition and policy competition, and I think the former is hugely undersold as potently changing the latter. (There’s also beating-of-the-bounds, perhaps with filesharing and wikileaks as examples, which has product and policy competition aspects, but seems a distinct kind of action; which ought to be brought into closer conversation with the formal sector.)

The main point of Raskin’s post is that Mozilla is a second-mover, taking proven product segments and developing products for them which embody openness, and that it could do that in more segments, various web applications in particular. I look forward to more Mozilla services.

A lot of what Wikipedia and Public Library of Science have done very successfully could also be considered “second mover”, injecting freedom into existing categories — sometimes leading to exploding the a category with something qualitatively and quantitatively huger.

I admit that the phrase I pulled from Raskin’s post merely confirms (and this by authority!) a strongly held bias of mine. How to test? Failing that, what are the best arguments against?

Opposing “illegal” immigration is xenophobic, or more bluntly, advocating for apartheid “because it’s the law”

Sunday, April 28th, 2013

Italy’s new government includes two naturalized citizens,Cécile Kyenge, minister of integration, born in Congo, and Josefa Idem, minister of equal opportunity and sport, born in Germany.

Some excerpts from Italy’s first black minister attacked by Northern League:

Matteo Salvini, secretary of the League in Lombardy, called the 48-year-old Kyenge “the symbol of a hypocritical, do-gooding left that would like to abolish the crime of illegal immigration and only thinks about immigrants’ rights and not their duties”.

Sadly I doubt much of the left would really like to abolish the “crime of illegal immigration”, but it should, indeed all should be totally opposed to apartheid, which is precisely what restrictions on movement, working, and residence are.

Immigrants’ rights and duties should be no different than non-immigrants. Putting people in different moral categories due to their birth is an outrage.

The AC Milan and Italy striker, Mario Balotelli, called her appointment “a further, big step towards a more civilised and responsible Italian society”. Kyenge said her top priorities included changing Italy’s citizenship laws, which are based on descent rather than place of birth.

An indictment of Italy and the world that this is correctly characterized as a big step, but it is a positive step in any case.

The Northern League denies it is xenophobic, insisting it is only opposed to illegal immigration. Kyenge came to Italy to study at university and married an Italian.

No, laws making immigration illegal are xenophobic as is supporting such laws and using such laws to persecute some people. More bluntly, opposing “illegal immigration” is advocating for apartheid “because it’s the law.”

Shame on all who oppose the immediate destruction of the international apartheid regime, keeping billions in poverty and oppression (or put another way, massively squandering human capital) out of fear and racism.

I offer you amnesty.

Why DRM in HTML5 and what to do about it

Tuesday, April 23rd, 2013

Kẏra writes Don’t let the myths fool you: the W3C’s plan for DRM in HTML5 is a betrayal to all Web users.

Agreed, but what to do about it?

In the short term, the solution is to convince W3C that moving forward will be an embarrassing disaster, nevermind what some of its for-profit members want. This has been accomplished before, in particular 2001 when many wanted W3C to have a RAND (allowing so-called Reasonable And Non-Discriminatory fees to be required for implementing a standard) patent policy, but they were embarrassed into finally doing the right thing, mandating RF (Royalty Free) patent licensing by participants in W3C standards.

One small way to help convince the W3C is to follow Kẏra’s recommendation to sign the Free Software Foundation’s No DRM in HTML5 petition.

Long term, the only way the DRM threat is going to be put to rest is for free cultural works to become culturally relevant, if not dominant (the only unambiguous example of such as yet is Wikipedia exploding the category known as “encyclopedia”). One of Kẏra’s points is “The Web doesn’t need big media; big media needs the Web.” True, but individual web companies do fear big media and hope for an advantage over competitors by doing deals with big media, including deals selling out The Web writ large (that’s the “Why” in this post’s title).

To put it another way, agitation for “Hollyweb” will continue until Hollywood is no longer viewed as the peak of culture. I don’t mean just, and perhaps not even, “Hollywood movies”, but also the economic, ethical, social and other assumptions that lead us to demand delivery of more pyramids over protecting and promoting freedom and equality.

I don’t have a petition to recommend signing in order to help increase the relevance and dominance and hence unleash the liberation potential of knowledge commons. Every bit of using, recommending, building, advocating for as policy, and shifting the conversation toward intellectual freedom helps.

Waiting out DRM (and intellectual protectionism in general) is not a winning strategy. There is no deterministic path for other media to follow music away from DRM, and indeed there is a threat that a faux-standard as proposed will mean that DRM becomes the expectation and demand of/by record companies, again. In general bad policy abets bad policy and monopoly abets monopoly. The reverse of each is also true. If you aren’t helping make freedom real and real popular, you hate freedom!☻

Pat Choate and Intellectual Protectionism

Saturday, April 13th, 2013

From at least the mid-1980s through the mid-1990s Pat Choate seemed to me to be the go-to pundit for anti-foreign (where “foreign” means “not USian”) punditry. His basic view seemed to be that foreign businesses, governments, and people were bad and sought to undermine everything USian. Hence he was opposed to trade and immigration, and sought a variety of nationalist and nativist policies to fight this conspiracy. I hated everything he wrote. “Protectionist” was a charitable description of him.

He ran for VP with Ross Perot in 1996. I ceased to notice him from about that time, probably largely because I started to cut back on following the spectacle of current events around then.

Today I learned via two posts at Techdirt that Choate had by 2005 (date of a book he wrote titled Hot Property, with hilarious burning compact disc book cover art) added intellectual protectionism to his repertoire:

We recently posted about an absolutely ridiculous NY Times op-ed piece in which Pat Choate argued both that patent laws have been getting weaker, and that if we had today’s patent laws in the 1970s that Apple and Microsoft wouldn’t have survived since bigger companies would just copy what they were doing and put them out of business. We noted that this was completely laughable to anyone who knew the actual history. A day or so ago, someone (and forgive me, because I can no longer find the tweet) pointed me on Twitter to a 45 minute excerpt from a documentary about the early days of Microsoft and Apple and it’s worth watching just to show how laughably wrong Choate obviously is.

I’m sorry to report that I get some dim satisfaction from learning that Choate’s trajectory led him to intellectual protectionism and feel some additional validation for using that term to describe copyright, patent, trademark, and nearby.

I also noticed today, in searching for “intellectual protectionism”, that Rick Falkvinge is thinking about using the term. I endorse that, though more recently my preferred expansion of “IP” is Inequality Promotion — “intellectual” and “protect” each sound nice, and there’s precious little about equality in “IP” discourse. But there is a bit about inequality in the first use I can find of “intellectual protectionism” more or less in contrast to “intellectual property”, a 1999 OECD publication The Future of the Global Economy: Towards a Long Boom? in a description of a “high friction world” scenario:

This is a winner-take-all economy where a small knowledge elite captures most of the economic value. The economic structure rewards a few and leaves the great majority behind. The resulting social friction of a two-tier society consisting of “knows” and “know-nots” consumes much of the economy’s potential in a vicious cycle.

The fruits of innovation drive economic growth in some parts of the world, creating local islands of prosperity. Highly educated knowledge workers do very well, but a modest education produces little economic benefit. Low wages characterise most service and manufacturing work. Overall, organisations evolve very slowly and remain mainly traditional in form. The “fast” gradually pull away from the “slow”. Highly divergent outcomes result as a few countries do well behind high-security shields and others fall behind. Intellectual protectionism is rife and the free flow of ideas is highly constrained by those who want to protect the value of their intellectual property and those who want to prevent the informational “pollution” of their populations.

How I earned a 286% return in less than 1 year investing in the Free Software Foundation

Monday, April 1st, 2013

At the FSF’s annual conference last year I pledged to donate 100BTC to the FSF, and did so on April 6. I bought about 121.95 bitcoins, for a price of about US$4.92/BTC (made easier thanks to Greg Maxwell’s vouching for me on #bitcoin-otc; thanks!) and haven’t given any thought to the remainder till today. As I write this the USD/BTC price is approximately US$105.40/BTC.

((21.95*105.40)-(121.95*4.92))/(121.95*4.92) = 2.8559218925522587

You too can invest! How to buy bitcoins. Donate to the FSF and other “notable” bitcoin-accepting organizations, many of which I endorse. Results not typical.

For the long term, I’m sticking with my prediction of almost two years ago that “governments and any other entity with a large measure of control over how it can demand payment will launch their own cryptocurrencies, seeking endowments for themselves much as Bitcoin’s inventor and early adopters may have gained.”

I have a similar long-term prediction for seasteading: “if seasteads did meet engineering and economic challenges, they would merely be used by states to stake exclusive claims to all of the planet’s surface.”