Privacy and the Government

This time, as represented by the FBI.

The head of the Federal Bureau of Investigation urged Silicon Valley Thursday to reverse course on encrypting phone data, suggesting the pendulum on privacy issues “has swung too far” against the government in the wake of revelations by former National Security Agency contractor Edward Snowden.

No. It hasn’t swung far enough, as too many judges’ attitudes illustrate.

FBI Director James Comey added,

We also need a legislative and regulatory fix.

Again, no. We have too many laws on the books already; the government, including the FBI, aren’t capable of enforcing those existing. And this elides the premise that the government has made illegal and has outright criminalized too many things. Beyond that, we have far too many regulations already, every one of them written by Federal agencies and Cabinet departments that are only tenuously accountable to us citizens.

And

Mr. Comey’s speech [at the Brookings Institution] was another indication of how far apart the two sides remain. He denied they wanted a back door, saying that using a warrant to gather evidence is the equivalent of walking through the front door.

Say that’s true about the current government. There’s no guarantee any future administration would be as restrained with those “legislative and regulatory” fixes. Just look at the out of control regulation writing that’s already been going on for an example of how a tool, originally restrained in its use, gets more and more abusively used over time.

Moreover, beyond individual security and privacy, there’s this national security question, raised by the ACLU’s Christopher Soghoian:

…weakening the security of systems to enable law enforcement access also makes them far more vulnerable to compromise by foreign governments and hackers. If anything, we should be doing more to secure our data.

Yet Another Reason for Smaller Government

German factory orders fell 5.7% in August, real GDP is stagnant or falling in many European countries, Standard & Poor’s has downgraded France to AA from AA+….

There’s more.

[T]he 18 euro area countries had zero real growth in the volume of production during the second quarter of 2014. Euro area real GDP grew only 0.5% in 2013 after falling 1% in 2012. In other words, output was lower in mid-2014 than it was at the end of 2011.

And yet—or because:

Euro area government spending was 49.8% of GDP in 2013 versus 46.7% in 2006. In other words, euro area governments have co-opted an additional 3.1% of GDP (roughly €300 billion, or $383.6 billion) compared with before the crisis—about the size of the Austrian economy.

France spent 57.1% of GDP in 2013 versus 56.7% in 2009, at the peak of the crisis. This is the opposite of austerity—but the French economy hasn’t grown in more than six months. It is no wonder S&P downgraded its debt rating.

Italy, at 50.6% of GDP, is spending more than the euro area average but is contracting faster.

And so on.

There seems to be a pattern developing. An old, old pattern.

You can’t take money out of the private sector of an economy and give it to government without both growing government and shrinking the private sector. Government is simply incapable of spending the money as efficiently as the private sector (if only from a confluence of greater internal friction due to bureaucracy and an in-built lack of concern for the cost of money, with which the private sector must always contend, while leaving aside a system of graft that grows faster in a bureaucracy than in a private sector entity that will surely be punished by the market).

Redistribution of money from the private sector to government holds back growth, at best. As we’re seeing in Europe. Smaller governments have a harder time doing that than Big Governments.

Another Reason for Smaller Government

Even with lives at stake—lives in the middle of a budding pandemic—Big Government bureaucracies are more interested in protecting turf and responsibility ducking than they are in their fundamental task of protecting American citizens’ safety from foreign problems.

Worse, one of the bureaucracies involved in this cynical ego-based Federal road block has nothing to do with the medical questions involved. First, the experts, at least by training and experience, if not by smooth performance:

The hazardous waste protocols in place for hospitals require staff to place any potentially infected substances—whether it is medical equipment or protective gear—into special hazardous waste containers. That waste then is supposed to be turned over to licensed hazardous waste companies, where it is incinerated or chemically sterilized, according to the CDC.

However, because that other Big Government agency thinks it must have something to say about handling hazardous medical waste, we get this [emphasis added]:

Due to specific Ebola-related regulations issued by the US Department of Transportation (DOT), which governs what medical waste companies can and cannot transport, the usual waste haulers or medical waste disposal companies are prohibited from accepting Ebola-contaminated waste until it has been properly packaged in accordance with DOT guidelines.

And so we get this problem, delineated by [Dr Jeffrey, National Global and Public Health Committee Chairman for Infectious Diseases Society of America] Duchin:

The medical waste companies are refusing to come and pick up the waste because of the DOT regulations, which the CDC does not agree with.

Never mind that the sole experts in the matter, the CDC, has said the Ebola waste ready for safe handling by medical waste companies.

Just to add to this ego-ridden fiasco, we also have this, demonstrating that it’s not only the Federal government that’s gotten too big, too turf-ridden, with too many egos embedded:

[A] Louisiana waste disposal facility, Chemical Waste Management Inc-Lake Charles, says it will not accept the ashes generated when Duncan’s belongings were incinerated, at least not until state officials agree that it would pose no threat to the public.

And this nonsense: The Louisiana Attorney General, Buddy Caldwell, has sued in state court to block the transportation of the waste to the Calcasieu Parish facility (the waste disposal facility in question), and a Louisiana state judge has agreed and blocked the shipment. Because these guys—a state government lawyer and the state government’s judge—know better.

These are yet others reason for shrinking government.

Crony Capitalism and Big Government

California’s health insurance exchange has awarded $184 million in contracts without the competitive bidding and oversight that is standard practice across state government, including deals that sent millions of dollars to a firm whose employees have long-standing ties to the agency’s executive director.

Several of those contracts worth a total of $4.2 million went to a consulting firm, The Tori Group, whose founder has strong professional ties to agency Executive Director Peter Lee, while others were awarded to a subsidiary of a health care company he once headed.

It isn’t just state government, though, nor is this problem limited to government-run medical “care.” Think, also, Solyndra and A123, Tesla in Nevada, “green” energy subsidies, Dodd-Frank and too big to fail, farm subsidies, loan guarantees for big corporations like Boeing and GE (roughly $6 billion between them, via the Ex-Im Bank), even the Senate barbershop (!).

If our government weren’t so big, so taxing, so spending; if we turned the rascals out more often in our biennial elections, our government wouldn’t have the wherewithal with which to engage in crony capitalism, and we citizens could get back to capitalist capitalism and general prosperity.

PRC, Hong Kong, and Rights

The situation in Hong Kong, which the People’s Republic of China has created with its high-handed treatment of the Special Administrative Region, is getting tighter.

[Chief Executive Leung Chun-ying] Leung told voters it is better to agree to Beijing’s plans for nominating candidates and to hold an election, than to stick with the current system of having an Election Commission choose the chief executive.

“It is definitely better to have universal suffrage than not,” Leung said. “It is definitely better to have the chief executive elected by 5 million eligible voters than by 1,200 people. And it is definitely better to cast your vote at the polling station than to stay home and watch on television the 1,200 members of the Election Committee cast their votes.”

This is cynically misleading. The 1,200 to whom Leung referred are the nominating committee of the Communist Party of China. They’ve been the ones—and they continue to be the ones, now formally under the control of the Party’s Standing Committee—who will determine who the candidates will be that those “5 million eligible voters” can select from. Those 5 million are only being allowed to rubber stamp the selection made by those 1,200. This is no elective choice. Of course, Leung and his PRC masters know this.

And

[PRC President] Xi Jinping, who has taken a hard line against any perceived threat to the Communist Party’s hold on power, vowed in a National Day speech to “steadfastly safeguard” Hong Kong’s prosperity and stability.

This is just wind in the trees. Xi knows full well that Beijing cannot “steadfastly safeguard” Hong Kong’s prosperity and stability. Only the people of Hong Kong, acting for and by themselves, without outside interference, can do that.

And

China’s government…so far it has not overtly intervened, leaving Hong Kong authorities to handle the crisis.

This is a misunderstanding. The Hong Kong authorities are in the streets, not in the government buildings. The people are sovereign over their government in a free state. Of course, this is hard to realize from inside a despotic state.

The protesters, upset that Chief Executive Leung Chun-ying has refused to meet them, have threatened to expand their demonstrations unless he resigns and the Chinese leadership agrees to broader electoral reforms.

It’s clear from the breadth of these protests, that the PRC has lost the consent of the Hong Kong-ese to govern them. PRC governance, thus, is illegitimate. This is corroborated by the protest news clampdown the PRC has done, especially in contrast to the freely flowing protest news within Hong Kong.

And finally, there’s this failure, this one from the West.

British Prime Minister David Cameron saying he planned to summon the Chinese ambassador to discuss the dispute, saying it is essential that Hong Kong’s people have a genuine right to choose their top leader.

This is an even greater misunderstanding, both by its existence and coming as it does from the leader of the birthplace of John Locke. No, Prime Minister, each one of Hong Kong’s people is created with an inalienable right to his own liberty and happiness. That means he has an inalienable right to choose his own government and the men who operate it. What is essential is that Hong Kong’s people have that right genuinely acknowledged and accepted.