Tag Archives: regulation

Further Reasons to Ban TikTok

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And not just force its sale by ByteDance. ByteDance is domiciled in the People’s Republic of China, and as such it’s subject to PRC laws, including the PRC’s national security law requiring PRC companies to answer queries from that nation’s intelligence community, queries which can range from “what do you know about this subject in that country” to “go find out, conduct the espionage.” That’s reason enough to ban the company (that subordination of PRC-domiciled companies to that nation’s intelligence apparatus is reason enough to ban all PRC-domiciled companies from the US, but that’s a different story).

Another reason to ban TikTok stems from this claim made by the company in response to the House Energy and Commerce Committee’s unanimous vote (that’s 50 (of 52 Committee members; 2 weren’t present to vote) Representatives of both parties agreeing on something) to advance legislation that would require TikTok to be sold by ByteDance to a non-PRC affiliated company or be barred from operating in the US. That claim by an anonymous spokesman for TikTok:

This legislation has a predetermined outcome: a total ban of TikTok in the United States. The government is attempting to strip 170 million Americans of their Constitutional right to free expression.

That’s a lie on two fronts, explicitly intended to create hysteria. The first front is the business about “total ban.” It is no such thing, and TikTok managers—and their ByteDance owners—know full well: that claim cynically ignores the primary option the legislation offers, the sale of TikTok to an acceptable, non-PRC affiliated buyer.

The second front is that business about stripping TikTok users of their Constitutional right to free expression. Of course, it’s no such thing, as those TikTok and ByteDance persons also know full well. Were ByteDance to refuse to sell and TikTok barred, no one’s free speech would be stripped away, only a single pipeline would be stripped away. All of TikTok’s users, every single one of them, would have access to any and all of a plethora of other pipelines through which to speak, pipelines like Facebook YouTube, Gab, Truth Social, CloutHub, GETTR, MeWe, LinkedIn, Parler, X, and on and on. Further, were TikTok to be sold, that question would never even arise since the TikTok pipeline would be free to continue operating.

Additionally, the ability of this PRC company to mobilize all of its members to manipulate an American internal political matter demonstrates the influence the PRC is able to exert on American domestic politics.

As lawmakers prepared to consider the legislation on Thursday, users of the app…saw notifications urging them to complain to their House representative about the bill. Then the app let people call their representative with a few presses of buttons, fueling congressional concerns about TikTok.
TikTok’s campaign quickly overwhelmed the phone lines of some congressional offices…illustrated how TikTok could mobilize an army of people and gather data to push user behavior, which some lawmakers say is the exact reason they don’t want the company to have ties back to [the PRC].

That PRC manipulation by itself is yet another to ban TikTok altogether.

Virtue-Signaling in the Credit Card Market

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Progressive-Democrat President Joe Biden is at it again, attempting to buy votes with another of his sham attempts to save us ordinary Americans money.

The Biden administration on Tuesday finalized a new rule to cap all credit card late fees at $8, a move that is expected to elicit fierce pushback from industry giants.

His Consumer Finance Protection Bureau

estimates the new regulation will save American families more than $10 billion in late fees annually by reducing the typical late fee of about $32. That amounts to an average saving of roughly $220 per year for the 45 million people who are charged late fees.

Stipulate for the moment that the CFPB actually has an accurate, fact-supported basis for its cost claims. Those fees help the banks recoup a significant fraction of the costs they incur when credit card holders are late on their payments. This restriction on cost recovery is only going to lead to tighter bank restrictions on who they’re willing to issue credit cards to.

How much money does Biden think will be saved by those who no longer can get credit cards, or by those whose cards are not renewed on the renewal date?

Biden really thinks we’re stupid enough to not see through his bread and circus shenanigans.

Another Reason to Rescind Chevron Defense

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As The Wall Street Journal‘s editors put it in their editorial last Tuesday, nothing is stopping the

Securities and Exchange Commission and prosecutors from finding [regulatory] meaning in statutory penumbras.

Now the SEC is manufacturing a rule based on nothing but the æther in SEC Chairman Gary Gensler’s mind. Gensler has hailed into court a pharmaceutical company employee for the “insider trading” crime of trading in options on the stock shares of another pharmaceutical company, a company about which the man had no insider information at all. Not a whit.

Gensler, however, in plumbing the depths of his shadowy æther, has claimed to have found something in a penumbra of Federal law and Court decisions regarding insider trading. The man he’s charging knew from an employee-broadcast email from his company’s CEO that his company might be about to be acquired by another company—not the company in which our man did his trading.

Poof—Gensler has waved his hands and conjured an insider trading beef centered on no insider trading information at all. As the WSJ noted,

Federal law doesn’t explicitly ban trading on confidential information. But courts have said that insiders defraud companies by “misappropriating” private information for personal gain.

It’s in the phantasmal penumbra of “private information” that Gensler has conjured his offense: private information in one company (not even that private, it was a company-wide email that revealed the potential for an acquisition of the employee’s company) casts a shadow over other, Gensler-unspecified, companies, and so brings those other companies into the reach of one company’s allegedly private information.

And this, regarding those chimeric penumbras[1] of which too many of our courts still claim to see:

If something is in a penumbral region, it is not in the text.  If it is not in the text, it does not exist ….  If it does not exist, a judge cannot rule on it.  If in the end, all a judge can do after carefully reading the text is go more than a toe’s dip into its shadows for meaning, then he must not go in: he must rule a lack of governing statute or strike the statute for vagueness, and in either event return the matter to the political branches.

And this, from Justices Antonin Scalia and Clarence Thomas, in denying a 2014 cert petition in Whitman v US [emphasis in the original]:

Only the legislature may define crimes and fix punishments. Congress cannot, through ambiguity, effectively leave that function to the courts—much less to the administrative bureaucracy[.]

Now the Supreme Court must overrule the SEC outright, which would be much easier to do were it to also—or already have by the time this case reaches it—rescinded the Chevron Defense foolishness which subordinates, by Constitutional design, the coequal Judiciary not just to the Executive, but to Executive subordinate branches led by political appointees and peopled by unknown and faceless bureaucrats.

[1] Hines, Eric, A Conservative’s View of the American Concept of Law

How Good is Good Enough?

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The EPA has finalized, despite a plethora of public comment decrying the move, a pollution regulation that, among other things, tries to vastly reduce the amount of soot particles in the air we breathe. Vastly reduce: from the current standard of 12 micrograms per cubic meter of air to 9 micrograms per cubic meter—from almost nothing to even more almost nothing.

Never mind that the ordinary march of technology and ordinary free market forces have already reduced the amount of soot in our air by 42%, or that there’s vanishingly small [sic] room between the existing almost nothing and nothing.

Never mind, either, most of these fine particles are produced by construction sites, unpaved roads, and agriculture fields.

As much as 30% of all counties in the US…would have to block permitting of manufacturing facilities and new infrastructure projects.

So much for Progressive-Democrat President Joe Biden’s highly touted infrastructure project spending. There is an upside, though. John Kerry and his climatista syndicate would be moved closer to their goal of putting farming out of business.

What is this EPA’s limiting principle? It doesn’t have one.

This Is Why Unions Need to be Busted

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Iowa State Senator Adrian Dickey (R, Packwood) has introduced SF 2374, which is a bill that would

require each public employer to “submit to the [Public Employee Relations Board, or PERB] a list of employees in the bargaining unit” within 10 days of a union recertification election.

Never mind that Iowa’s taxpaying citizens have every right to know what their tax dollars are being used for and who’s being paid with them. Never mind, either, that the bill requires public employers, not unions, to submit lists of eligible employees. Never mind, either either, that unions insist on precisely this information when it’s useful for them; unions just call it card checking.

Jesse Case, Teamsters Local 238 Secretary-Treasurer, says that everything—including strikes—are on the table if that’s what it takes to stop the bill. He’s even proposing some wildly inappropriate, deliberately dangerous, union actions if his union doesn’t get its way:

Let’s say you’re a water treatment person and you get a call at three in the morning that says, “The water supply’s going down,” you’re not obligated to answer that call and that’s not a strike.
It’s not a work stoppage because you’re not getting paid at three o’clock in the morning to answer your phone. In fact, it’s against the law to make somebody answer their phone if they’re not receiving pay.
…
It’s [sic] there’s a blizzard moving in at three in the morning, you can go into work at seven or six or your regular scheduled time—call Senator Dickey to come plow your streets.

The union doesn’t care about the risks to businesses or lives; they want their way. The union doesn’t care that those hours already count as serious overtime, emergency or not, with serious extra pay associated.

These strike threats, these union flu work slowdowns, this you can’t have anything unless we get everything ideology, this legalized extortion—nice business/state/whatever you got there, be too bad if something was to happen to it—is exactly why today’s unions need to be busted.

The Iowa legislature and Governor need to stand tall and pass the bill and apply the consequences to these unions.