Showing posts with label Consumer protection. Show all posts
Showing posts with label Consumer protection. Show all posts

Wednesday, December 6, 2017

Nationwide Net Neutrality Protests Planned For Thursday

Last Wednesday, the Federal Communications Commission (FCC) released its plan to reverse net neutrality regulations that were put in place under the Obama administration in 2015. Net neutrality is the concept that all internet traffic should be treated equally by internet service providers (ISPs), regardless of the content that is delivered or who it was created by.


Statista"s Felix Richter explains that the new proposal, named the Restoring Internet Freedom order, would no longer classify ISPs as public utilities but rather as information services, meaning that telecommunication companies such as Comcast or Verizon would be legally allowed to create so-called fast lanes for content by providers that either pay for preferential treatment or that the ISP itself has a financial stake in, such as Comcast has in NBC Universal. While the FCC argues that scrapping net neutrality rules would boost investments and innovation by limiting government regulation, advocates of net neutrality argue that the concept creates a level playing field for content providers and fear that getting rid of net neutrality would stifle competition and further increase concentration in the online media landscape.


As Statista"s chart below, based on a Consumer Reports survey, shows, the majority of Americans support the current net neutrality rules and don’t think that ISPs should be allowed to regulate what content their customers can access.


Infographic: Americans Voice Support for Net Neutrality | Statista You will find more statistics at Statista


Considering the Republican majority in the commission, it is expected to pass regardless of the vocal opposition from companies and consumers alike.


More than 600 demonstrations are planned at Verizon stores across the United States on Thursday amid the Federal Communications Commission’s (FCC) plan to kill net neutrality.



FCC Chairman Ajit Pai made it clear last month that the FCC will vote on the fate of net neutrality on December 14. The rules currently prohibit internet service providers from charging extra fees, censorship and throttling website speeds.



The rollback is expected to pass the FCC vote next week. However, that is not stopping Demand Progress, Fight for the Future and the Freepress Action Fund who have formed the coalition called “Battle for the Net”.


Evan Greer, campaign director of Fight for the Future said in a statement: “This is the free speech fight of our generation and internet users are pissed off and paying attention. Ajit Pai may be owned by Verizon, but he has to answer to Congress, and lawmakers have to answer to us, their constituents.”


Common Dreams, a non-profit news-oriented website claims, since Pai revealed his plan to kill net neutrality rules back in mid-November, public outrage has continued to expand– despite the lack of coverage from major media outlets. Since the phone lines opened on November 21, more than 774,325 calls have flooded congressional phone lines.



On Thursday, Americans will take to the streets outside their local Verizon stores and congressional offices to protest against rolling back net neutrality, exactly one week ahead of the FCC’s planned vote.


Mark Stanley, director of communications for Demand Progress said, “With what would be a catastrophic vote by the FCC to repeal net neutrality looming, people are ready to take to the streets in protest and to offer Congress one last chance to answer the question: ‘Do you stand for your constituents’ ability to communicate and connect, or do you stand for Verizon’s bottom line?”


Verizon stores were chosen as the premiere site for the demonstrations because  FCC Chairman Ajit Pai previously was the company’s associate general counsel from 2001 to 2003.





 


Below is a list of websites, companies, and organizations who are defending net neutrality:



Here are the companies who want to end net neutrality:



Common Dreams said 27 senators including Elizabeth Warren and Bernie Sanders have sent Pai a letter on Monday demanding the FCC to delay the vote. Also, 40 consumer protection groups have sent a letter to Pai asking for a delay as well.


Building on the outrage expressed by the American public, a group of 27 senators including Maggie Hassan (D-N.H.), Elizabeth Warren (D-Mass.), and Bernie Sanders (I-Vt.) delivered a letter to Pai on Monday demanding that the FCC vote be delayed in the face of evidence that the public “record may be replete with fake or fraudulent comments, suggesting that your proposal is fundamentally flawed.”


 


A coalition of over 40 consumer protection groups also called on the FCC to postpone its vote on repealing net neutrality in a letter to Pai on Monday, citing a pending court case that could ultimately “leave consumers at the mercy of internet service providers.”



The attempt seemed promising on Monday, but earlier on Tuesday the FCC rejected all calls to delay the net neutrality vote, according to The Hill.


The FCC said in a statement Monday that “the vote will proceed as scheduled on December 14.” In a separate statement provided to Ars Technica, the FCC hit back at those seeking a delay:


This is just evidence that supporters of heavy-handed Internet regulations are becoming more desperate by the day as their effort to defeat Chairman Pai’s plan to restore Internet freedom has stalled. 



With the delay thwarted by the FCC, and over 600 demonstration sites planned at Verizon locations across the nation on Thursday, and with the US already in a state of constant and belligerent outrage, one wonders what else could possibly go wrong on the day the US government itself at risk of being shut down.









Thursday, October 26, 2017

Krieger Rages ""America First" Is A Joke. Wall Street Wins Again"

Authored by Mike Krieger via Liberty Blitzkrieg blog,


I know I must sound like a broken record by now, but Wall Street owns the U.S. economy and until that’s dealt with, the American public will continue to be preyed upon voraciously and lawlessly by some of the most unethical parasites the world has ever seen. Obama was a historical disaster on this issue, coddling and protecting banker oligarchs every step of the way. Trump’s no different.



The latest evidence that things are getting even worse came last evening when the U.S. Senate voted to deliver Wall Street another gift on a silver platter.


Rather than summarize what happened, let’s turn to two of the best resources on such topics, journalist David Dayen and finance focused website Wall Street on Parade.


First, here are a few excerpts from David’s latest article published at The InterceptAfter Day of Feuding, Jeff Flake and Bob Corker Join Trump to Upend a Major Consumer Protection:


With national attention focused Tuesday morning on a mushrooming feud between President Trump and Sen. Bob Corker, R-Tenn., followed by a feud in the afternoon between Trump and Sen. Jeff Flake, R-Ariz., the Senate gift-wrapped the biggest present Congress has so far bestowed upon Wall Street in the Trump era.


 


With a razor-thin margin, the Senate passed a resolution to nullify a signature regulation from the Consumer Financial Protection Bureau, which banned forced arbitration provisions. Such clauses, tucked into the fine print of contracts that nobody reads, deny consumers the ability to contest claims through a class-action lawsuit, and can allow banks and other financial institutions to rip off their customers with virtual impunity.


 


Both Sens. Corker and Flake, along with Sen. John McCain, R-Ariz., joined in the effort to give Trump a major win, even if it will hurt many of his own voters. Consumer advocates had hoped that moderate Republicans Lisa Murkowski of Alaska and Susan Collins of Maine would block the GOP effort. They did not.


 


The vote was split 50-50, which required Vice President Mike Pence to break the tie.



How’s all that MAGA working out for you?


To secure his victory, Trump enlisted an ex-Wells Fargo attorney, Acting Comptroller of the Currency Keith Noreika, and  a former bank CEO, Treasury Secretary Steve Mnuchin, to do the dirty work. The Senate vote came a day after Treasury entered the fray with its guns blazing.



Reminder, Mnuchin was a Goldman Sachs partner.


The House passed its version of the resolution within just a couple weeks of CFPB finalizing the rule in July. But continuing reports of petty consumer fraud at Wells Fargo, and a data breach of over 140 million customer accounts at the credit reporting bureau Equifax, made it difficult for the Senate to proceed. Both Wells Fargo and Equifax have attempted to use arbitration clauses in their financial contracts to force victims out of class-action litigation.


 


The scandals put a human face on the practice of companies forcing customer disputes through a secret, non-judicial process.


 


And consumers typically don’t fare well in arbitration. An Economic Policy Institute report showed that consumers only win 9 percent of arbitration cases, and banks almost always win when they issue counter-claims, with the consumer paying $7,725 on average.


 


This is why corporations like the arbitration process – it prevents those wronged from pursuing their legal rights and in practice alters the law by making small claims virtually unenforceable. In other words, arbitration clauses are a license to steal. And it contributes to a fundamental breakdown of the justice system, where complaints can only be heard in a privatized setting.


 


So in July, in a rare instance of government using an outright ban instead of requiring disclosure or some other half-measure, CFPB finished a rule preventing arbitration agreements in financial contracts from stopping consumers who band together with other victims in a class-action lawsuit. But Republicans managed to twist the issue into one where corporations needed to be protected from greedy trial lawyers.


 


First, Office of the Comptroller of the Currency head Keith Noreika, himself a former defense lawyer for Wells Fargo who tried to push class-action suits into arbitration, argued the rule posed “safety and soundness” concerns for banks and would raise the cost of credit. Then this week, the Treasury Department, relying heavily on a discredited claim that plaintiff attorneys routinely shake down corporations with meritless claims, published a 17-page report attacking the CFPB rule.



Yes, because clearly the big problem in American society is corporations being shaken down. Have you looked at corporate profit margins lately?



The attacks from Trump’s executive agencies on a fellow regulator gave Senators the cover they needed to side with Wells Fargo and Equifax over their customers. The Senate first tried to sneak in a vote on the resolution when the political world was distracted by the health care debate, but that didn’t work. It took shifting the framing of the rule from being about victims to  being about trial lawyers for Senate Republicans to succeed.


 


Supporters of the CFPB rule like Public Citizen’s Robert Weissman called the vote a choice “between corporate donors and constituents.” Amanda Werner, who gained notoriety for dressing as the Monopoly Man during Senate hearings on Wells Fargo and Equifax, notes that lawmakers opposing the arbitration rule received over $100 million in campaign contributions from the financial industry during their careers. “These contributions help explain why lawmakers are willing to aid and abet big banks in ripping off their own constituents despite overwhelming bipartisan support for the rule,” Werner said in a statement to The Intercept.


 


The Chamber of Commerce and other financial lobbyists had joined together to sue CFPB over the rule, but with the Senate’s successful vote, that will no longer be necessary. President Trump is expected to sign the resolution. Not only would that nullify the arbitration rule, but CFPB would be unable to work on any “substantially similar” regulation without express consent from Congress.



 



 



 



As usual, there’s more. For that, let’s turn to Wall Street on Parade’s article, Mike Pence Secures the No Law Zone Around Wall Street:


Wall Street is the only industry in America that contractually bans both its customers and its employees from accessing the nation’s courts as a condition of opening an account or getting a job there. (That’s likely because it’s also the only industry that has the brazenness to let the top lawyers of the largest Wall Street banks meet in secret each year to plan their strategies for keeping their no law zone in force.)


 


Instead of being able to go to court with a claim of fraud (if you’re a customer), or a claim for labor law violations, like failure to pay overtime or sexual harassment (if you’re an employee), Wall Street makes its customers and employees sign an agreement to take all such claims into an industry-run or privately-run arbitration system.


 


These private justice systems are not cheaper and fairer as Wall Street’s shills (like the U.S. Chamber of Commerce) insist. Fees can run into tens of thousands of dollars as opposed to a few hundred dollars to file in court; and study after study has found that arbitrators most often rule in favor of the corporate interest over the consumer.


 


What Wall Street and its army of lawyers like most about these private justice systems is that they are dark. Unlike a public courtroom, the press and the public are not allowed to attend the hearings. There are no publicly available transcripts of the hearings as there would be in court. Arbitrators are instructed that they do not have to follow legal precedent or case law but can rule from their gut; they are not required to write reasoned and detailed decisions so that an appeal of their findings can be made. In fact, it is next to impossible to bring a court appeal of an arbitration ruling because Wall Street’s biggest law firms have spent decades convincing the courts that these decisions must be permanently binding.


 


Another fatal flaw in these private justice systems is that there is no jury selection from a large public pool of random citizens but rather a repeat-player pool of highly compensated arbitrators.


 


Wall Street’s own industry-run arbitration system also makes good use of the repeat player advantage. On July 20, 2000 the Public Investors Arbitration Bar Association (PIABA) issued a press release accusing the National Association of Securities Dealers (NASD) of rigging its computerized system of selecting arbitrators.  The statement read: “In direct and flagrant violation of federal law, the NASD systematically evaded the Securities and Exchange Commission approved ‘Neutral List Selection System’ arbitration rule requiring arbitrators to be selected on a rotating basis.  Instead, the NASD secretly programmed its computers to select some arbitrators on a seniority basis – just what the rule was designed to prevent.”


 


PIABA discovered the manipulation when a team of its attorneys demanded a test of the selection system at an NASD/PIABA meeting in Chicago on June 27, 2000.  PIABA predicted that “this rule violation tainted hundreds or even thousands of compulsory securities arbitrations  –  many still ongoing.  In every such instance, the substantive rights of public investors to a neutral panel have been cynically violated.  Many public investors were thus twice cheated: first, by an NASD member firm that fraudulently conned them out of their life’s savings, and second by the NASD Arbitration Department’s rigged panels.”



I may not know much, but I know this won’t make America great.


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Friday, September 1, 2017

Hurricane Harvey Looters Targeting Fuel Tanks As Google Searches For "How To Siphon Gas" Soar

Texas resident Joe Roan woke up to a rather unpleasant surprise yesterday morning as he discovered the remnants of a would-be thief attempting to steal gasoline from his Jeep Wrangler tank.  Unfortunately, as a local CBS affiliate pointed out last night, with refinery outages resulting in growing gasoline shortages, this is becoming a rather common occurrence for Texas residents.





Joe Roan didn’t witness the crime, but he found the evidence in his driveway.



“I came outside this morning and found this water hose was sticking out,” he said, holding the hose a thief left hanging out of his Jeep’s tank.



On the ground sat a gas tank.



“Instantly I knew someone was trying to steal my gas,” he said. “Maybe a car drove by when they were doing it and they ran? I don’t know.”



Roan said the thief didn’t even manage to get any fuel.





Meanwhile, Google searches for "how to siphon gas" have soared as criminals have been forced to hone their skills before taking to the streets.


Siphon



Of course, the rampant onset of gasoline thieves is the result of fuel shortages which are often exacerbated by the pure panic of people trying to keep their tanks topped off. As we"ve reported several times in recent days, long lines at gas stations have become a common sight from the Texas shores up to Dallas.





Meanwhile, one seasoned energy trader warned this is "only just beginning" as the hangover from Hurricane Harvey flows downstream to retail gas prices...


As Bloomberg notes, Harvey impact currently includes:


  • Colonial says it’ll commingle Rbob and conventional gasoline

  • Explorer Pipeline planning to start lines Saturday, Sunday

  • Logjam grows to 29 oil tankers as 11 ports remain closed

  • Total Port Arthur is said facing extended shutdown on power loss

  • Texas storm bucks N.Y. traders with wild gasoline expiry swings

  • NHC issues final advisory on Harvey; losing tropical character

Which has left retail gas prices at the pump at their highest in 2 years...




And, judging by their usual lagged response to RBOB, they are set to go dramatically higher in the next few weeks...




All of which has resulted in the predictable onslaught of price gouging, with the Dallas News reporting sightings of gas prices ranging from $2.99 a gallon to $8....





There were multiple reports of gas stations charging anywhere from $2.99 to $8 for a gallon of regular gas.



At the 76 gas station in Garland, the fuel-price display unit outside showed $8 for a gallon. The station was swamped with calls from angry customers after a photo was posted on social media, according to Robert Fernandez, who works there.



There have been numerous complaints about high gas prices, according to Kayleigh Lovvorn, spokeswoman for the office of Texas Attorney General.



“When evaluating whether a business is engaging in price gouging in the sale of fuel, we look to see if they are charging excessive or exorbitant prices,” Lovvorn said in an emailed statement. “We recognize that certain market conditions, such as decreased production and closed refineries, might cause market fluctuations.”



The attorney general’s office is looking into 984 complaints filed between August 25 and Thursday afternoon. On Thursday alone, its Consumer Protection Division received more than 500 complaints, “many of which involve allegations of high fuel prices in Dallas, including amounts ranging from $6 to $8 dollars per gallon.”



...which is still pretty cheap compared to what Best Buy is charging for water.


Water

Saturday, July 8, 2017

How Google Rigs Search And Hurts Consumers

Authored by Mike Krieger via Liberty Blitzkrieg blog,


I’m sure all of you heard about the $2.7 billion fine imposed by the EU on Google as a result of its anti-competitive behavior, but not many of you probably know exactly what the search giant did to earn it. To shine some light on the topic, let’s take a look at a few excerpts from a recent article written by Silicon Valley antitrust lawyer Gary Reback.


Below are some choice excerpts from the piece, You Should Be Outraged at Google’s Anti-Competitive Behavior:





Before 2007, if a user searched for a product on Google, other sites listing prices for that product would appear among the general search results, ranked in the order of their quality to users. These “comparison shopping sites” were designed to identify merchants with the lowest prices. The more accurate and comprehensive their results, the higher they were ranked and the more traffic they generated.



But the more successful that comparison shopping sites became, the more they threatened Google’s business plan. Google makes money by selling ads placed next to its free search results, and merchants could not be expected to bid for ad placement if the listings in comparison shopping sites on the same search undercut their prices.



To address this, Google developed a cunning plan, the first phase of which was documented in a report by the FTC. Portions of the report were published by the Wall Street Journal more than two years ago.



Quoting internal Google documents and emails, the report shows that the company created a list of rival comparison shopping sites that it would artificially lower in the general search results, even though tests showed that Google users “liked the quality of the [rival] sites” and gave negative feedback on the proposed changes.



Google reworked its search algorithm at least four times, the documents show, and altered its established rating criteria before the proposed changes received “slightly positive” user feedback. Internal Google documents predicted that the proposed changes would reduce rivals’ user traffic up to 20 percent and subsequently reported producing the desired results once the changes were implemented.



At the same time, Google started putting the results from its own comparison shopping service at the top of search results. After these changes, the only source of low-price information readily available on Google’s search platform came from Google’s own comparison shopping service, known at the time as Google Product Search, which listed the lowest prices for products in its database at no charge to merchants.



Google’s conduct certainly hurt its rivals, particularly after a second round of search-listing demotions documented by the European Union. Many companies have been forced to lay off all of their employees and even shut down operations.



In 2012, Google took the extraordinary step to kill Google Product Search, replacing it with Google Shopping. This new service did not display the lowest price (or even a low price) in the general search results; rather, it displayed ads at the top of the search results page in response to the user’s search term. The ads were carefully placed by Google’s algorithms to minimize price competition among merchants, by, for example, showing ads next to each other that featured different product models at different price points.



Google Shopping also permitted merchants to purchase ads on a separate shopping page. Merchants — no longer promoted in search results for having lower prices — now must pay for better placement. Not surprisingly, they have raised prices to cover these costs.



Google’s competitors argued in a study, which I submitted to the European Commission a few years ago, that the prices in Google Shopping ads for specified products on search results pages were among the highest in Google’s database. Google’s displayed prices for everyday products, such as watches, anti-wrinkle cream and wireless routers, were roughly 50 percent higher — sometimes more — than those on rival sites. A subsequent study by a consumer protection group found similar results. A study by the Financial Times also documented the higher prices.



The Post’s editorial board claimed that the online availability of large merchant sites might restrain Google’s power over consumers. But those sites haven’t stopped Google from executing its plan so far. There is no denying that Google eliminated services showing the lowest prices, free to merchants, and replaced them with high-priced ads.



Some people like to blame all of the world’s problems on government.


Others blame business for everything that ever goes wrong.


I don’t fall into either of these categories. I think the greatest threat to humanity, freedom and our overall happiness comes down to concentrations of power.


Too much concentration of power within business or government ultimately leads to tyranny and oppression, and the best solution is for all of us to fight against concentrations of power in all its manifestations. Personally, I think Google has far too much power in a service as important to modern life as search, and it seems executives there are doing what always happens with concentrated power — abusing their position.

Wednesday, May 3, 2017

What Nassim Taleb Can Teach Us

Authored by Jeff Deist via The Mises Institute,


Nassim Nicholas Taleb does not suffer fools gladly. Author of several books including The Black Swan and Antifragile, Taleb is known for his incendiary personality almost as much as his brilliant work in probability theory. Readers of his very active Medium page will experience a formidable mind with no patience for trendy groupthink, a mind that takes special pleasure in lambasting elites with no “skin in the game.”


“Skin in the game” is a central (and welcome) tenet of Taleb’s worldview: that we are increasingly ruled by an intellectual, political, economic, and cultural elite that does not bear the consequences of the decisions it makes on our (unwitting) behalf. In this sense Taleb is thoroughly populist, and in fact he correctly identified trends behind the Crash of ’08, Brexit, and Trump’s election. He understands that globalism is not liberalism, that identity and culture matter, and most of all that elites don’t understand how randomness and uncertainty threaten the inevitability of a global order. 


Thus Taleb argues the intelligentsia are not only haughty when they plan our future, they are also clueless: fragility abounds, and threatens to crash the Party of Davos. Hubris results from unearned wealth and prominence, coupled with a blindness to the Black Swans lying in wait.   


Born in Lebanon to a prominent family, educated at the University of Paris and Wharton, Taleb was poised to become part of the cognitive aristocracy he mocks. But he was never one of them. His hard-nosed persona, enhanced by a dedication to rigorous deadlift workouts, is quickly evident in his notorious interviews and very public Twitter brawls. His willingness to delve into history and and religion sets him apart from the neoliberals who hope to wish them both away. Taleb writes for the intelligent everyman, and this blue-collar approach also extends to his description of himself as a “private intellectual, not a public one.”


Austro-libertarians will find much to admire in his brilliant takedowns of the “pseudo-experts” he identifies in academia, journalism, politics, and science. But Taleb is no Austrian. While he holds a decidedly jaundiced view of most economists—calling for the Nobel in economics to be cancelled— he does not denounce economics as a field of study per se. Nor does he claim heterodox or reactionary inclinations:





“I am as orthodox neoclassical economist as they make them, not a fringe heterodox or something. I just do not like unreliable models that use some math like regression and miss a layer of stochasticity, and get wrong results, and I hate sloppy mechanistic reliance on bad statistical methods. I do not like models that fragilize. I do not like models that work on someone"s computer but not in reality. This is standard economics.”



While he is not averse to using mathematics and statistics in economics, Austrians share his perspective that both are tools for economists. Statistical models are mostly bunk that provide no value to economic forecasters or investors, despite the highly paid Ivy League quants who produce them. In fact, models often have harmful effect of creating a false sense of relative certainty where none exists. It"s refreshing to see Taleb make this claim so effectively from outside the Austrian paradigm of praxeology. But if his view of economics is mainline, his tone is Rothbard meets Hayek:





I"m in favour of religion as a tamer of arrogance. For a Greek Orthodox, the idea of God as creator outside the human is not God in God"s terms. My God isn"t the God of George Bush.



We know from chaos theory that even if you had a perfect model of the world, you"d need infinite precision in order to predict future events. With sociopolitical or economic phenomena, we don"t have anything like that.



Taleb does see a role for government, and supports consumer protection laws against predatory lending as one example. But he also purportedly supported Ron Paul in the 2012 presidential election, and has indeed mentioned Hayek as an influence regarding the dispersal of knowledge in society. He’s also applied special venom to several worthy targets in professional economics, including Paul Krugman, Joseph Stiglitz, and Paul Samuelson. Taleb labels as “Stiglitz Syndrome” the process whereby public intellectuals suffer no financial or career consequences for being spectacularly wrong in their predictions.


This is especially galling to a man who correctly called (and in fact became wealthy as a result of) economic crises in 1987 and 2008. In both instances, Taleb had “skin in the game” as a market trader. His own money and reputation were on the line, unlike the court economists in the New York Times.


For an excellent (albeit indirect) analysis of how Austrians and libertarians can advance their cause from a minority position, Taleb’s recent article The Most Intolerant Wins: The Dictatorship of the Small Minority is a must-read. He reminds us that a small minority with courage—the most important form of skin in the game— can prevail over the slumbering masses. And he also reminds us that courageous individual actors, not 51% mass movements, drive real changes in every society:





The entire growth of society, whether economic or moral, comes from a small number of people. So we close this chapter with a remark about the role of skin in the game in the condition of society. Society doesn’t evolve by consensus, voting, majority, committees, verbose meeting, academic conferences, and polling; only a few people suffice to disproportionately move the needle. All one needs is an asymmetric rule somewhere. And asymmetry is present in about everything.



Economics is lost, mired in a quicksand of predictive models that fail to predict and macro-analysis that fails to analyze.


Democratic politics is lost, ruined by bad actors with perverse incentives to burn capital rather than accumulate it.


And academia is lost, still stuck in a centuries-old model run by hopelessly sheltered PhDs.


Taleb gets all of this, and does an admirable job of explaining it. Austro-libertarians would be wise to see him as a valuable ally and voice in the ongoing fight against states, central banks, and planners of all stripes.

Wednesday, April 5, 2017

3 Lessons Learned From Wisconsin's War On Foreign Butter

In February, a number of Irish citizens were surprised to find out that selling Kerrygold butter - a line of butter produced in Ireland - is a criminal offense in Wisconsin. Irish Central reports





Under a 1970 law all butter sold in the state must be subjected to scrutiny by a panel, which recently ruled Kerrygold was not compliant. Their problem with Kerrygold’s products was that the cattle who produce the milk for the cheese and butter are grass fed, something the panel ruled was against state law.



Any shopkeepers who continue to stock the brand face a $1,000 fine and up to six months in jail — something that has enraged consumers.



In response, Wisconsin consumers have taken to traveling across state lines to buy Kerrygold butter in Illinois. 


In March, a group of Wisconsin citizens took to the courts in the hopes of gaining the freedom to freely buy whatever butter they want





Tired of trekking across state lines to stock up, [Jean Smith] and a handful of other Wisconsin butter aficionados filed a lawsuit this week challenging the law, saying local consumers and businesses “are more than capable of determining whether butter is sufficiently creamy, properly salted, or too crumbly.” No government help needed, they say.



While the matter of butter may seem small, there are three valuable lessons we can learn from Wisconsin"s war against foreign butter. Moreover, all these lessons apply well beyond the world of dairy products. 


Lesson 1: "Public Safety" Is Really Just about Government Favors for Special Interests


In cases like these, it"s routine for state officials to claim that the law has something to do with public safety. More savvy consumers, of course, immediately suspected that the law isn"t about safety at all, but is about protecting Wisconsin dairies from consumers. 


They"re right to be suspicious. The Wisconsin agency that implements the effective ban on Kerrygold butter is called the Wisconsin Department of Agriculture, Trade and Consumer Protection. But, given the power of the dairy lobby in Wisconsin, one would have to be naïve in the extreme to assume that it"s a mere coincidence that Wisconsin is the only state in the Union to enact such stringent butter laws. 


Even the most basic sort of critical thinking is likely to lead us to the conclusion that Wisconsin tightly controls butter imports precisely because dairy farmers have an unusually large amount of power at the state legislature. 


Nor is this only true at the legislative level. Through the process of "regulatory capture" those agencies that are supposed to regulate the dairy industry end up doing the bidding of the industry"s most powerful and established firms.


The anti-competitive nature of the butter business in Wisconsin is likely working exactly how it"s supposed to. Unless the state legislature"s hand is forced by pressure from citizens, don"t expect any change. 


Moreover, while even the opponents of the law are calling it a "light-hearted" issue, the reality of the butter ban is the same as any other law: those who persist in ignoring the law are likely to find themselves on the wrong end of a gun held by a government agent. 


Indeed, a look at the relevant state statutes show the state is prepared to impose fines of more than $1,000 dollars for non-compliance, or six months to a year in county jail. 


Ridiculously, state agents have attempted to advertise their alleged magnanimity by stating that the state"s action on the regulations “has been limited to notifying retailers of what the law says.”


Of course, this only suggests that no merchants have taken to publicly flaunting state regulations and openly selling Kerrygold butter (or other banned products). And who can blame them? Most grocers are well aware of what happens if they ignore state regulations. The result is usually fines, raids, and even imprisonment for merchants who don"t comply. 


Lesson 2: Decentralization = Freedom


Fortunately for the residents of Wisconsin, the laws of Wisconsin on this matter only extend to the state line. Once outside the state, consumers can purchase a wider array of dairy products. 


Imagine, however, if the Wisconsin ban were a matter of national policy or — worse yet — imposed by international agreements like the TPP or NAFTA. 


Once nationalized or internationalized, escape from the whims of special interest groups would be nearly impossible for most people. Instead of merely traveling an hour or two over state lines, purchasing the products one prefers would become a matter of international intrigue. 


This illustrates for us, yet again, that political decentralization increases the freedoms and choices of everyone who is subject to the arbitrary edicts of government. Moreover, the smaller the political unit, the better. Just as Wisconsin"s moderate size is a boon to lovers of certain types of banned food, their situation would be improved all the more should butter regulations be made at a city or county level. Every city that banned a certain type of butter to protect a local industry, a neighboring town or city would be just as likely to legalize such products. 


And in many cases, of course, jurisdictions would simply give up on regulating butter since shoppers would travel to other nearby towns, thus robbing the prohibitionist jurisdiction of the sales tax revenue. 


This same reality applies to every sort of good or service, whether we"re talking about police powers, tax rates, marijuana laws, or butter bans. The more decentralization there is, the more options consumers and taxpayers have. 


Lesson 3: Free Trade Benefits Everyone (Except the Crony Capitalists)


Although the Wisconsin regulations on butter are not technically a tariff, they have the effect of a tariff because the burden of the regulations tend to fall disproportionately on foreign foods. Moreover, if the defenders of the status quo were honest with the public, they would just come out and admit that yes, the law exists to protect local dairy producers from outside competition.


Those who defend tariffs and other trade barriers, of course, should have no problem with this. After all, if excluding Mexican goods from US  markets is a wonderful thing and "saves" American jobs, why shouldn"t the Wisconsin legislature be free to do the same for domestic Wisconsin goods? Should not Wisconsin residents want to protect their domestic industries from "unfair" competition provided by Iowa firms? After all, median wages in Iowa are lower than in Wisconsin, and it would be unfair to allow cheaply made Iowa goods to simply flood into Wisconsin markets without a "border adjustment" tax. 


The truth is most people are happy to have access to goods produced outside their state or region or country. One problem the Kerrygold situation presents for protectionists is that it demonstrates in a concrete fashion how consumers are willing to circumvent the anti-trade laws when they get the chance. In turn, this consumer behavior also illustrates how local merchants and entrepreneurs are harmed by controls on trade.


Thanks to Wisconsin protectionism, every consumer that wants prohibited butter in Wisconsin is made poorer because he or she must now waste time and money driving to neighboring jurisdictions. Or, the consumer must simply do without a product he or she would like to have. In addition, many businesses — including restaurants and grocery stores — would have liked to provide consumers with what they want, but are prohibited from doing so.


"Oh, but we"re saving local jobs and local industries!" the anti-free-trade argument goes. In reality, of course, the "industry-saving" laws do nothing more than transfer wealth from one group of citizens to another. In this case, consumers, restaurateurs, and grocers suffer and are impoverished so a select number of government favorites can be spared from having to compete with outside products. 


The situation is exactly the same when federal regulations and taxes have the effect of limiting access to automobiles, food products, or anything else that consumers and business owners in the US might like to buy. Unfortunately, the sheer size of the US means it"s totally impractical for most Americans to drive across the border to buy the products they want from other jurisdictions. Were the US similar to Wisconsin geographically, however, we"d see the absurdity of protectionist trade policy put on display every day as consumers traveled to neighboring jurisdictions to circumvent the absurd laws prohibiting access to goods and services that are supposedly put in place for their own good. 


Prohibitions on butter may seem like no big deal, but the lessons learned here are no different when applied to medication, food staples, or products essential to entrepreneurs. When governments restrict access to medications, patients suffer. When governments control access to food, food prices increase. When governments limits access to anything small businesses need, fewer businesses open, and fewer workers are hired. 


The issues at work in butter markets are no different in any other industry. 

Saturday, April 1, 2017

California Senator Forced To Pull Bill Banning "Fake News" After Realizing It's Idiotic

California is known far and wide for it"s wacky regulations.  In fact, just last fall we wrote about SB 1383, a very significant piece of legislation signed into law by Jerry Brown which requires a 40% reduction in methane gas emissions from cow flatulence by 2030 (no, really...you can take a look here: "Here Are Some Of The Ridiculous New State Laws That Will Take Effect January 1st - Happy New Year!")


But a recent piece of legislation introduced by California Assemblyman Ed Chau (D-Monterey Park), "The California Political Cyberfraud Abatement Act or AB 1104 for short, gives the "cow fart" bill a run for its money in terms of its complete idiocy.  The bill, filed Wednesday in the Assembly’s Committee on Privacy and Consumer Affairs, would have effectively made it a crime to be wrong on the Internet.


The text of the bill implicated anyone who writes, publishes or even shares news stories that could be false, if those news stories are later found to have had an impact on an election.  From the bill:





This bill would modify the definition of the terms “political cyberfraud” and “political Web site” to include Internet Web sites that urge or appear to urge the support or opposition of candidates for public office. The bill would also make it unlawful for a person to knowingly and willingly make, publish or circulate on a Web site, or cause to be made, published, or circulated in any writing posted on a Web site, a false or deceptive statement designed to influence the vote on any issue submitted to voters at an election or on any candidate for election to public office.



And even though author Ed Chau described AB 1104 as "an important step forward in the fight against "fake news" and deceptive campaign tactics", the Electronic Frontier Foundation (EFF), a digital-rights advocacy group, said the bill was “so obviously unconstitutional, we had to double check that it was real.”





Memo to California Assemblymember Ed Chau: you can’t fight fake news with a bad law.



On Tuesday, the California Assembly’s Committee on Privacy and Consumer Affairs, which Chau chairs, will consider A.B. 1104—a censorship bill so obviously unconstitutional, we had to double check that it was real.



This bill will fuel a chaotic free-for-all of mudslinging with candidates and others being accused of crimes at the slightest hint of hyperbole, exaggeration, poetic license, or common error. While those accusations may not ultimately hold up, politically motivated prosecutions—or the threat of such—may harm democracy more than if the issue had just been left alone. Furthermore, A.B. 1104 makes no exception for satire and parody, leaving The Onion and Saturday Night Live open to accusations of illegal content. Nor does it exempt news organizations who quote deceptive statements made by politicians in their online reporting—even if their reporting is meant to debunk those claims. And what of everyday citizens who are duped by misleading materials: if 1,000 Californians retweet an incorrect statement by a presidential candidate, have they all broken the law?



At a time when political leaders are promoting “alternative facts” and branding unflattering reporting as “fake news,” we don’t think it’s a good idea to give the government more power to punish speech.



As of right now it looks as if the legislation has been pulled after Chau just cancelled a hearing originally scheduled for Monday.  Presumably Chau got a little pushback from mainstream media outlets after they realized his bill would effectively ban them, and their fake "Russian hacking" narratives from California.


Here is the full text of the bill for your reading pleasure: 

Friday, March 31, 2017

How Space Tourists Will Benefit From No Government Regulation

Via The Daily Bell


Space tourism industry has a chance to show benefits of less regulation


If space truly is the final frontier, then it won’t be long until the first pioneers are making the journey, as several companies race to take paying passengers out of the Earth’s atmosphere and beyond. And true to form, right on its heels will be the regulators, red tape lassos in hand.


But like any brand new industry, the slight head start of the businesses will give them the opportunity to show the high standards that can be accomplished absent government control — and with any luck, they can do it in a way compelling enough to cast doubt on the “necessity” of regulation.


A March 20 article in Quartz about space tourism details the thus-far minimal regulatory burden on the burgeoning industry and questions how passengers will be protected without the “benefit” of tight regulations.



The first spaceflight participants will be guinea pigs in an experiment that asks: Just what does it mean to be safe in space when the government isn’t in charge?



The obvious answer, to those who believe in the power of market-driven incentives, is that space tourism will likely be safer with minimal government intervention than it would be with tight regulations and oversight, since the companies will police themselves, as Blue Origin Executive Erika Wagner says in the article.



Wagner recently told an audience at the Massachusetts Institute of Technology, ‘ . . . in terms of us having a safe place in the market, we take that seriously, we want to put our own families on board, we take that very seriously. So we are holding ourselves to internal standards.’



The case for strict government regulation is built on some faulty beliefs about humanity and behavior. It assumes that people in business are at their core unconcerned about other people and are motivated solely by profit. It assumes in contrast, that those people in government are the complete opposite, motivated only by altruism and never by self-interest. On this questionable foundation is built the assertion that the people in government must regulate the people in business so that the interests of customers and the public at large are protected.


It is easy enough to strike down these arguments. First, this stark divide between the values of businessmen and politicians does not exist. Good or bad personality traits can be found within any group, and I would argue that you’ll actually find disproportionately more politicians on the self-interested end of the spectrum than in other career paths, because politics either attracts or creates those kinds of people.


In any event, there is not a neutral ruling elite that can sit above the fray, benevolently handing down edicts to keep the otherwise-evil businesses in check. Politicians and regulatory agencies have a dog in the fight too, be it money, connections, political pressure, or desire for power.


But for argument’s sake, let’s assume the worst of businesses and the best of government. Even in this case, the goal for both parties is the same: safe space travel. At their most altruistic, regulators want it because they don’t want people to die. At their worst, space travel businesses want it because death and injury is bad for business.


Any company, whether they are building and flying rockets or simply selling sandwiches, needs to have customers to stay in business. Blue Origin, SpaceX, Boeing and Virgin Galactic — all companies planning to fly people out into space — won’t be able to keep customers if people aren’t flying back to Earth intact.


And unlike the mistakes of a sandwich shop, which might never make the front page news, in a pioneering industry like commercial space flight, you can bet every potential customer on earth would hear about the company’s missteps. As safety risks increase, customers will decrease, and if that balance gets out of whack, the company will fail.


Not all customers desire the same level of safety. And that’s OK. When regulations are minimal, companies can cater to whatever customer base they want. Riskier or more expensive products or services will  have a smaller customer base than those that are safer or cheaper.


Perhaps each space tourism company will use this formula to choose a different niche; companies could advertise that they tested their spacecraft the most, or offer the least expensive weightlessness experience, or orbit the earth the fastest.  In this way, less regulation gives the consumer more choices, while regulation would restrict some of these options, eliminating the preferences of some customers while simultaneously crippling those niche businesses.


“Minimal” Regulation


What does “minimal” regulation look like in the space tourism industry? Right now, it’s governed by the Commercial Space Act, which establishes the Secretary of Transportation as the governing authority. The Secretary has the power to grant launch licenses to rockets, which can include requirements on crew training and medical standards.


The license holder must inform crew and passengers in writing about the risks involved in space travel, and let them know that the United States Government has not certified the launch vehicle as safe for carrying crew or space flight participants. The Secretary can also restrict rocket design features or operating practices that have resulted in serious or fatal injury or a high risk thereof.


By many standards, that amount of regulation is already too much. It’s not that these rules are especially onerous or illogical; it’s just that they are unnecessary. Crew members and paying customers are voluntarily participating in space flight — a non-essential service, moreover — through the company. Therefore, customers and employees should work directly with the company to ensure a satisfactory experience. The company can then meet those demands or lose those customers and workers. They can cut out the middleman of regulation because there is no one to protect; all parties are already satisfied, and customers are signing up in droves. According to the article, Virgin Galactic has accrued 700 paid passengers since 2005.


The article cites Uber as a close example of how the space travel industry could expect to pave its own way:



Because the slate is still blank for how the federal government will treat the space business, the earliest companies will be in a position to set the tone, much as Uber’s regulatory battles laid the groundwork for the still tetchy relationship between cities and ride-hailing apps.



This is a fitting analogy, but frustrating if space tourism goes the way of ride-hailing apps. Because Uber and others like it are another example of a business in which regulators tried to fix problems that didn’t exist. Everyone involved was already happy. And yet because of pressure from the highly-regulated taxi companies, politicians implemented regulations to handcuff ride-sharing companies as well, under the guise of consumer protection.


In my home state of Massachusetts, for example, a bill regulating ride-sharing companies required Uber drivers to complete a two-part background check, carry insurance coverage of at least $1 million, and have their vehicles get a second safety inspection in addition to the annual inspection required of all registered cars. And—perhaps the biggest affront— the law required the companies to pay 20 cents per ride to the state, which will fund public transportation, including the taxi industry. The bill was signed into law last August, adding Massachusetts to the long list of states that punish and restrict the ride-sharing app companies while buoying their competitors.


Yet Uber and other ride-sharing app companies have largely survived the onslaught of regulations because the service they offer is so attractive, not only from a practical standpoint, but also a symbolic one. It gives both customers and drivers freedom and self-determination, the ability to set their own hours, choose their own route.


And that’s just ground transportation. It’s hard to imagine a more freeing experience than blasting off in a rocket to outer space, quite literally extricating oneself from earthly cares. So while we will likely see a shorter leash on space tourism companies as the industry matures and regulators catch up, these pioneering companies have a chance to demonstrate that they can be self policing. They can prove that private industry can safely, astonishingly, and beautifully launch people into the final frontier — and bring them home again.


A new age is dawning. Will governments be left in the dust?

Monday, March 13, 2017

Why the Winelvoss Bitcoin ETF Was Rejected and How to Create a Regulated Vehicle That Passes Muster


 The Winkelvoss ETF application was rejected by the SEC, and bitcoin dropped about 20% in price. I repetitively warned those that followed me that a very low risk buying opportunity will present itself should the SEC deny the ETF application. Like clockwork, instant 30% profit opp. If you were monitoring hte prices and bought in after prices started rising (almost immediately) the buy returned over $250/coin (~30%) for anyone who took my advice.


ETF SEC buy the dip 




I"m considering putting together an institutional digital asset (bitcoin and blockchain related assets) investment vehicle. The SEC has clearly delineated what they felt were the deficinecies wee in the Winkelvoss application, to wit:


  • Several commenters note that the majority of bitcoin trading occurs on exchanges outside the United States. One commenter claims that most daily trading volume is conducted on poorly capitalized, unregulated exchanges located outside the United States and that these non-U.S. exchanges and their practices significantly influence the price discovery process. Another commenter states that the biggest and most-influential bitcoin exchange is located outside U.S. jurisdiction.

To my knowledge, the bitcoin exchanges abroad aren"t heavily capitalized, but the amount of capitalization needed should be minimal if the exchange is structured properly. Here""s a snapshot of the global bitcoin exchange landscape. Most of the exchange trading is done in USD but the exchanges are domiciled outside of the US (likley due to onerous SEC regulatory requirements). Be aware that I believe most of the institutional trading (in aggregate) is done OTC, and in the US.


IMG 20170312 204739


  • One commenter states that, since 2013, the price of bitcoin has been defined mostly by the major Chinese exchanges, whose volumes dwarf those of exchanges outside China. According to the commenter, those exchanges are not regulated or audited, and are suspected of engaging in unethical practices like front-running, wash trades, and trading with insufficient funds. The commenter interprets pricing data from these Chinese exchanges to mean that the price of bitcoin is defined entirely by speculation, without any ties to fundamentals.32 Another commenter also observes that Chinese markets drive much of the volume in the bitcoin markets and that the bitcoin/Chinese Yuan (BTC/CNY) quote is apt to trade at a significant premium to the bitcoin/U.S. dollar (BTC/USD) quote. The commenter points out that large arbitrage opportunities would not exist for long in efficient markets, but they do persist in bitcoin markets. One commenter claims that a sizeable number of traders and owners of bitcoin do not desire to trade in a well-regulated environment for reasons including tax evasion, evading capital controls, and money laundering. This commenter also states that U.S. exchanges do not offer products such as fee-free trading, margin trading, or options, which drive traffic to the top nonU.S. exchanges. The commenter claims that, because trade is now sparse on regulated U.S. exchanges including Gemini, arbitrage will not occur efficiently or proportionally to mitigate.manipulation from the dominant unregulated bitcoin exchanges. This commenter also claims that several Chinese exchanges actively engage in bitcoin mining operations, creating a conflict of interest, and notes that these exchanges are unaudited and unaccountable.34 Another commenter also claims that the Chinese exchanges that account for the bulk of trading are subject to little regulatory oversight and that existing know-your-customer or identity-verification measures are lax and can be easily bypassed

This is no longer the case. The PBOC (Chinese Central Bank) has cracked down signficantly on Chinese bitcoin exchanges, ending fee free trading, unregulated margin lending and enforcing AML/KYC procedures. Reference:


  1. Chinese Bitcoin Exchanges Suspend Client Withdrawals. I Warned You About Heteronomous Wallets!

  2. Will Japan"s Declaration of Bitcoin as Legal Tender Accelerate Cryptocurrency Mainstream Adoption?

  3. Revisiting the Breakdown of the Macro Drivers Behind Bitcoin"s Price Spike, Exactly As I Foretold 30 Day Ago

  4. China"s Central Bank Eliminates Margin Trading of Bitcoin

  5. The Macro Truth About The Big Bitcoin Pop and Drop: The Mainstream Media Doesn"t Have A Clue

The result is a signficant drop in bitcoin trading volume in China, passing the crown first to Japan (who just passed heavy bitcoin regulation, while declaring it legal tender) and then to the US - in direct contravention to said commenter"s claim. Take note that once the free trading was halted and central bank regulation took hold, trading volumes in China collapsed in line with the ROW.



bitcoin trading volume


  •  One commenter states that the market for bitcoin, by trade volume, is very shallow. This commenter notes that the majority of bitcoin is hoarded by a few owners or is out of circulation. The commenter also notes that ownership concentration is high, with 50 percent of bitcoin in the hands of fewer than 1,000 people, and that this high ownership concentration creates greater market liquidity risk, as large blocks of bitcoin are difficult to sell in a timely and market efficient manner. This commenter claims that daily trade volume is only a small fraction of total bitcoin mined. 36 This commenter also states that several fundamental flaws make bitcoin a dangerous asset class to force into an exchange traded structure, including shallow trade volume, extreme hoarding, low liquidity, hyper price volatility, a global web of unregulated bucket-shop exchanges, high bankruptcy risk, and oversized exposure to trading in countries where there is no regulatory oversight.37 This commenter believes that lack of regulation and consumer protection also increase the chance and incentives for market price manipulation and states that approving the ETP before structural protections and controls are firmly in place would put investors at undue risk.

 This was actually countered by the authors of the ETF application, to wit:


The Exchange, in its comment letter, asserts that bitcoin is resistant to manipulation, arguing that the increasing strength and resilience of the global bitcoin marketplace serve to reduce the likelihood of price manipulation and that arbitrage opportunities across globally diverse marketplaces allow market participants to ensure approximately equivalent pricing worldwide.39 The Exchange further asserts, in its comment letter, that the Commodity Futures Trading Commission (“CFTC”) has designated bitcoin as a commodity and is “broadly responsible for the integrity” of U.S. bitcoin spot markets.40 The Exchange acknowledges that the CFTC has not yet brought any enforcement actions based on the anti-manipulation provisions of the Commodity Exchange Act, but notes that the CFTC has issued orders against U.S. and non-U.S. bitcoin exchanges for engaging in other activity prohibited by the Commodity Exchange Act. The Exchange’s comment letter states that a regulatory framework for providing oversight and deterring market manipulation therefore currently exists in the U.S.41


Another response went as follows:


...Bitcoin is relatively uncorrelated with other assets, enabling investors to construct more efficient portfolios,43 and that, as a general matter, the underlying market for bitcoin is inherently resistant to manipulation.44 The author of the paper posits that the underlying bitcoin market is not susceptible to manipulation because (a) there is no inside information related to earnings, revenue, corporate actions, or new sources of supply; (b) the asset is not subject to the dissemination of false or misleading information; (c) each bitcoin market is an independent entity, so that a demand for liquidity does not necessarily propagate across other exchanges; (d) a substantial over-the-counter (“OTC”) market provides additional liquidity and absorption of shocks; (e) there is no market-close pricing event to manipulate; (f) the market is not subject to “spoofing” or other high-frequency-trading tactics; (g) order books on exchanges worldwide are publicly visible and available through APIs (application program interfaces); and (h) it is unlikely that any one person could obtain a dominant market share.45 The author also asserts that listing the shares on a national securities exchange and a shift from OTC trading to trading on exchanges would make the overall bitcoin market more transparent.


 There were also public comments deriding the Gemini exchange, directly. While I don"t, personally, care for the Gemini exchange, some of the issues taken with it were impractical. For instance:


  • One commenter states that the Gemini Exchange Auction could be an improvement over other bitcoin pricing mechanisms, but asserts that the auction has not improved volume. The commenter claims that the Gemini Exchange has the lowest liquidity of the three exchanges in the United States and is one of the least-liquid of all exchanges that trade bitcoin for U.S. dollars.56 The commenter observes that the auction data show that traders in the auction are taking advantage of the discounted auction price. The commenter notes that the daily two-sided auction process was designed to maximize price discovery and reduce price volatility that could be the result of momentum pricing, but asks what measures have been put in place to address traders who take advantage of the discounted auction price. The commenter also notes that while other financial products sometimes have auctions to determine price, an auction on a stock exchange does not require money to be deposited in advance with the exchange to be in the auction. The commenter notes that, by contrast, the Gemini Exchange requires dollars or bitcoin to be deposited before participation. The commenter believes that this is a problem because the Gemini auction is limited and “warped” and has failed on at least two occasions.

Listen, no market is perfectly efficient, and early markets are likely to be particularly inefficient. That"s one of the main reasons to introduce an ETF, to inject liquidity and efficiency. Even the largest and most efficient market in the world has trade failures, as has been noted by Bloomberg:Failed Trades in 10-Year Treasury Soar as Note Stays `Special":


The shortage of benchmark 10-year Treasury notes in the market for borrowing and lending U.S. government debt has become so pronounced that uncompleted trades are soaring. Such trades, known as fails, surged into the billions of dollars in recent days for the newest 10-year note, and may have been in the range of $6 billion to $12 billion, according to Treasury market participants familiar with the matter who requested anonymity because the figures aren’t public. While uncompleted trades occur daily, sometimes because of computer glitches, it’s unusual for the level to be so high. There were $132 million in failures for all 10-year Treasuries in the week ended Feb. 24, the latest data from the Federal Reserve Bank of New York show.


 I can go deeper into the SEC declination analysis for insitutional subscribers who may be interested in creating or partipating in an institutional vehicle to access bitcoin exposure. Email me via reggie @ boombustblog.com.


Sunday, March 5, 2017

6 Steps Toward A More Sane Economic Policy

As the Trump administration takes shape, it may be helpful to remind ourselves of some of the steps that can be taken in the direction of economic policy that better allows private citizens to be free and flourish. Given his expressed views, there"s no reason to believe he plans to radically re-orient the federal government in the direction of freedom and free markets. However, any one of these steps below — even partially implemented — would be a step in the right direction. 


One: Eliminate all federal cabinet level agencies related to regulating economic life.


Of the current cabinet level bureaus, the following should be eliminated immediately, including all departments within these bureaus, such as OSHA (within the Department of Labor) and the EPA (customarily accorded cabinet rank):


  1. Agriculture

  2. Commerce

  3. Labor

  4. Energy

  5. Education

  6. Housing and Urban Development

  7. Transportation

The above seven agencies spent $667 billion in 2010, representing 23% of all federal spending.


Two: Eliminate the central bank — the Fed — and scrap legal tender laws.


Of course, a free market must include freedom of its participants to use whatever medium of exchange — money — that it chooses. Money is part and parcel of the market economy. It arises naturally to break the limits of a barter economy, also known as direct exchange. Commodity money becomes indirect exchange, whereby market participants trade for the most widely accepted commodity rather than trade directly to satisfy their ultimate goals. There is no need for the state to dictate what may be used for indirect exchange. Market participants themselves are in the best position to determine which commodity makes the best money.


Furthermore, central bank produced and controlled money has allowed government to act like a common counterfeiter, producing money out of thin air to fund its own spending programs and/or reward its supporters, all at the expense of society as a whole. It is much easier to fund wars and welfare out of printed money than taxes, or borrowing from real savings. The steady erosion of money"s purchasing power hits retirees the hardest, diminishing their ability to plan for a retirement of comfort and dignity. Furthermore, the Austrian theory of the business cycle places fiat money expansion as the root cause of the boom/bust cycle that misallocates and eventually destroys capital.


Three: Eliminate government licensing of occupations and products.


The best regulator of quality in products and services remains the marketplace. Government agencies protect the status quo, erecting unnecessary barriers to cheaper, affordable alternative services. There is no objective standard for determining service quality. This is a judgment of market participants themselves. In a free market unscrupulous and incompetent practitioners are weeded out by competition and ordinary commercial and tort law.


Four: Eliminate standing in court of third parties.


Environmental groups and other anti-business, anti-development groups file suits to stop projects over which they are not parties. These third parties do not own affected property, and cannot show that they are suffering real harm — as opposed to hypothetical or psychological harm such as the loss of scenic views. In the case of "scenic views," for example, such groups are always at liberty to solicit funds from their members to buy and set aside what they consider special, scenic areas. Like licensing of occupations under the banner of consumer protection, there is no objective standard of what is and is not a scenic view or special area. Only consumers themselves, acting in in the marketplace, can decide such things. Environmental groups cannot assume to have a superior, or more insightful position outside the market, because there is no standard for determining such things as beauty. These are subjective evaluations which change constantly. If you think this is not the case, just study the rural cemetery movement of the nineteenth century in which the world"s best landscape architects were hired to design cemeteries where families would spend many hours each weekend among their ancestors.


Five: Restrict recipients of monetary damages for violations of commercial law, torts, and other harms.


Only the parties to a dispute who have standing in court as suffering real damages should be compensated financially for violations of the common law, and these compensations should go entirely to the parties involved, not third party whistleblowers and/or their attorneys. Current friend-of-the-court rules allow meddling by third parties who can delay business projects almost indefinitely or drive up costs until the projects are abandoned. Those who suffer are the project developers, of course, plus all the unseen employees who never became employees and all the projects" happy customers who never became happy customers.


Six: End all subsidies.


If a business cannot produce a profit acceptable to its investors, then the investors should close it down and invest their scarce capital in a business whose product is more highly desired. Businesses that produce losses are prima facie evidence that capital is being consumed rather than accumulated. Private investors will close down such businesses or lose all their capital. Government subsidies plunder existing capital in order to prop up those businesses that are consuming it. But subsidies do not stop capital deccumulation.Typically high profile businesses, those with large union workforces, or those politically connected are the recipients of capital provided by common, working people. In other words, subsidies are theft.


Monday, February 13, 2017

Would Ayn Rand Have Cast President Trump As A Villain?

Submitted by Steve Simpson via The Foundation for Economic Education,


After Donald Trump announced a number of cabinet picks who happen to be fans of Ayn Rand, a flurry of articles appeared claiming that Trump intended to create an Objectivist cabal within his administration.


Ayn Rand-acolyte Donald Trump stacks his cabinet with fellow Objectivists,” proclaimed one article. Would that it were so. The novelist and philosopher Ayn Rand was a passionate champion of individual freedom and laissez-faire capitalism and a fierce opponent of authoritarianism. For her, government exists solely to protect our rights, not to meddle in the economy or to direct our private lives.


A president who truly understood Rand’s philosophy would not be cozying up to Putin, bullying companies to keep manufacturing plants in the United States, or promising “insurance for everybody” among many other things Trump has said and done.


And while it’s certainly welcome news that several of Trump’s cabinet picks admire Rand, it’s not surprising. Her novel Atlas Shrugged depicts a world in decline as it slowly strangles its most productive members. The novel celebrates the intelligent and creative individuals who produce wealth, many of whom are businessmen. So it makes sense that businessmen like Rex Tillerson and Andy Puzder would be among the novel’s millions of fans.


But a handful of fans in the administration hardly signals that Trump’s would be an “Ayn Rand” administration. The claims about Rand’s influence in the administration are vastly overblown.


Pull-Peddling Cronies


Even so, there is at least one parallel we can draw between a Trump administration and Rand’s novels, although it’s not favorable to Trump. As a businessman and a politician, Trump epitomizes a phenomenon that Rand harshly criticized throughout her career, especially in Atlas Shrugged. Rand called it “pull peddling.” The popular term today is “cronyism.” But the phenomenon is the same: attempting to succeed, not through production and trade, but by trading influence and favors with politicians and bureaucrats.


Cronyism has been a big issue in recent years among many thinkers and politicians on the Right, who have criticized “big government” because it often favors some groups and individuals over others or “picks winners and losers.”


Commentators on the Left, too, often complain about influence peddling, money in politics, and special interests, all of which are offered as hallmarks of corruption in government. And by all indications, Trump was elected in part because he was somehow seen as a political “outsider” who will “drain the swamp.”


But as the vague phrase “drain the swamp” shows, there’s a lot more concern over cronyism, corruption, and related issues than there is clarity about what the problem actually is and how to solve it.


Ayn Rand had unique and clarifying views on the subject. With Trump in office, the problem she identified is going to get worse. Rand’s birthday is a good time to review her unique explanation of, and cure for, the problem.


The Problem: Unlimited Government


The first question we need to be clear about is: What, exactly, is the problem we’re trying to solve? “Drain the swamp,” “throw the bums out,” “clean up Washington,” “outsiders” vs. “insiders” — these are all platitudes that can mean almost anything to anyone.


Are lobbyists the problem? Trump and his advisers seem to think so. They’ve vowed to keep lobbyists out of the administration, and Trump has signed an order forbidding all members of his administration from lobbying for 5 years.


It’s not clear whether these plans will succeed, but why should we care? Lobbyists are individuals hired to represent others with business before government. We might lament the existence of this profession, but blaming lobbyists for lobbying is like blaming lawyers for lawsuits. Everyone seems to complain about them right up until the moment that they want one.


The same goes for complaints about the clients of lobbyists — the hated “special interests.” Presidents since at least Teddy Roosevelt have vowed to run them out of Washington yet, today, interest groups abound. Some lobby for higher taxes, some for lower taxes. Some lobby for more entitlements, some for fewer or for more fiscal responsibility in entitlement programs. Some lobby for business, some for labor, some for more regulations on both. Some lobby for freer trade, some for trade restrictions. The list goes on and on. Are they all bad?


The question we should ask is, Why do people organize into interest groups and lobby government in the first place?


The popular answer among free-market advocates is that government has too much to offer, which creates an incentive for people to tap their “cronies” in government to ensure that government offers it to them. Shrink government, the argument goes, and we will solve the problem.


Veronique de Rugy, senior fellow at the Mercatus Center, describes cronyism in these terms:





This is how cronyism works: A company wants a special privilege from the government in exchange for political support in future elections. If the company is wealthy enough or is backed by powerful-enough interest groups, the company will get its way and politicians will get another private-sector ally. The few cronies “win” at the expense of everyone else.



(Another term for this is “rent seeking,” and many other people define it roughly the same way.)


There’s a lot of truth to this view. Our bloated government has vast power over our lives and trillions of dollars worth of “favors” to dole out, and a seemingly endless stream of people and groups clamor to win those “favors.” As a lawyer who opposes campaign finance laws, I’ve often said that the problem is not that money controls politics, it’s that politics controls money — and property, and business, and much of our private lives as well.


Still, we need to be more precise. “Favors,” “benefits,” and “privileges” are too vague a way to describe what government has to offer. Among other things, these terms just raise another question: Which benefits, favors, or privileges should government offer? Indeed, many people have asked that question of cronyism’s critics. Here’s how the Los Angeles Times put it in an editorial responding to the effort by some Republicans to shut down the Export-Import Bank:





Governments regularly intervene in markets in the name of public safety, economic growth or consumer protection, drawing squawks of protest whenever one interest is advanced at the expense of others. But a policy that’s outrageous to one faction — for example, the government subsidies for wind, solar and battery power that have drawn fire on the right — may in fact be a welcome effort to achieve an important societal objective.



It’s a valid point. Without a way to tell what government should and should not do, whose interests it should or should not serve, complaints about cronyism look like little more than partisan politics. When government favors the groups or policies you like, that’s good government in action. When it doesn’t, that’s cronyism.


Government Force and Legal Plunder


In Rand’s view, there is a serious problem to criticize, but few free-market advocates are clear about exactly what it is. Simply put, the problem is the misuse of the power that government possesses, which is force. Government is the institution that possesses a legal monopoly on the use of force.


The question we need to grapple with is, how should it use that power?


Using terms like “favors,” “privileges,” and “benefits” to describe what government is doing when cronyism occurs is not just too vague, it’s far too benign. These terms obscure the fact that what people are competing for when they engage in cronyism is the “privilege” of legally using force to take what others have earned or to prevent them from contracting or associating with others. When groups lobby for entitlements — whether it’s more social security or Medicare or subsidies for businesses — they are essentially asking government to take that money by force from taxpayers who earned it and to give it to someone else. Call it what you want, but it ultimately amounts to stealing.


When individuals in a given profession lobby for occupational licensing laws, they are asking government to grant a select group of people a kind of monopoly status that prevents others who don’t meet their standards from competing with them — that is, from contracting with willing customers to do business.


These are just two examples of how government takes money and property or prevents individuals from voluntarily dealing with one another. There are many, many more. Both Democrats and Republicans favor these sorts of laws and willingly participate in a system in which trading on this power has become commonplace.


“Rent seeking” doesn’t capture what is really going on. Neither, really, does “cronyism.” They’re both too tame.


A far better term is the one used by nineteenth-century French economist Frederic Bastiat: legal plunder.” Rand uses the term “political pull” to describe those who “succeed” by convincing friends in government to use the law to plunder others or to prevent them from competing.


And she uses the phrase “the Aristocracy of Pull,” which is the title of a whole chapter in Atlas Shrugged, to describe a society in which political pull, rather than production and trade, has become the rule. It’s a society that resembles feudalism, in which people compete to gain the favor of government officials in much the same way that people in feudal times competed for the favor of the king so they could use that power to rule over one another and plunder as they pleased.


The cause, for Rand, is not the size of government, but what we allow it to do. When we allow government to use the force it possesses to go beyond protecting our rights, we arm individuals to plunder one another and turn what would otherwise be limited instances of corruption or criminality into a systemic problem.


For example, when politicians promise to increase social security or to make education “free,” they are promising to take more of the incomes of taxpayers to pay for these welfare programs. When they promise to favor unions with more labor laws or to increase the minimum wage, they are promising to restrict businesses’ right to contract freely with willing workers. When they promise to “keep jobs in America,” they are promising to impose tariffs on companies that import foreign goods. The rule in such a system becomes: plunder or be plundered. What choice does anyone have but to organize themselves into pressure groups, hire lobbyists, and join the fray?


Rand memorably describes this process in the famous “money speech” in Atlas Shrugged:





But when a society establishes criminals-by-right and looters-by-law — men who use force to seize the wealth of disarmed victims — then money becomes its creators’ avenger. Such looters believe it safe to rob defenseless men, once they’ve passed a law to disarm them. But their loot becomes the magnet for other looters, who get it from them as they got it. Then the race goes, not to the ablest at production, but to those most ruthless at brutality. When force is the standard, the murderer wins over the pickpocket. And then that society vanishes, in a spread of ruins and slaughter.



Observe what kind of people thrive in such a society and who their victims are. There’s a big difference between the two, and Rand never failed to make a moral distinction between them.


Wealth Creators vs. Wealth Appropriators


In the early 1990s, Atlantic City resident Vera Coking found herself in the sights of a developer who wanted to turn the property on which she lived into a casino parking lot. The developer made what he thought was a good offer, but she refused. The developer became incensed, and instead of further trying to convince Coking to sell or finding other land, he did what a certain kind of businessman has increasingly been able to do in modern times. He pursued a political “solution.” He convinced a city redevelopment agency to use the power of eminent domain to force Coking to sell.


The developer was Donald Trump. His ensuing legal battle with Coking, which he lost, was the first of a number of controversies in recent decades over the use of eminent domain to take property from one private party and give it to another.


Most people can see that there’s a profound moral distinction between the Trumps and their cronies in government on the one hand and people like Vera Coking on the other. One side is using law to force the other to give up what is rightfully theirs. To be blunt, one side is stealing from the other.


But the victims of the use of eminent domain often lobby government officials to save their property just as vigorously as others do to take it. Should we refer to all of them as “special interests” and damn them for seeking government “favors”? The answer should be obvious.


But if that’s true, why do we fail to make that distinction when the two sides are businesses — as many do when they criticize “Wall Street,” or the financial industry as a whole, or when they complain about “crony capitalism” — as though capitalism as such is the problem? Not all businesses engage in pull-peddling, and many have no choice but to deal with government or to lobby in self-defense.


John Allison, the former CEO of BB&T bank (and a former board member of the Ayn Rand Institute, where I work), refused to finance transactions that involved the use of eminent domain after the Supreme Court issued its now-infamous decision in Kelo v. City of New London, which upheld the use of eminent domain to transfer property from one private party to another. Later, Allison lobbied against the TARP fund program after the financial crisis, only to be pressured by government regulators into accepting the funds. In an industry as heavily regulated as banking, there’s little a particular bank can do to avoid a situation like that.


Another example came to light in 2015, when a number of news articles ran stories on United Airlines’s so-called “Chairman’s Flight.” This was a flight from Newark to Columbia, South Carolina, that United continued to run long after it became clear it was a money-loser. Why do that? It turns out the chairman of the Port Authority, which controls access to all the ports in New York and New Jersey, had a vacation home near Columbia. During negotiations over airport fees, he made it clear that he wanted United to keep the flight, so United decided not to cancel it. Most of the news stories blamed United for influence-peddling. Only Holman Jenkins of the Wall Street Journal called it what it was: extortion by the Port Authority chairman.


The point is, there’s a profound moral difference between trying to use government to plunder others and engaging with it essentially in self-defense. It’s the same difference between a mobster running a protection racket and his victims. And there’s an equally profound moral difference between people who survive through production and trade, and those who survive by political pull.


Rand spells out this latter difference in an essay called “The Money Making Personality:”





The Money-Maker is the discoverer who translates his discovery into material goods. In an industrial society with a complex division of labor, it may be one man or a partnership of two: the scientist who discovers new knowledge and the entrepreneur — the businessman — who discovers how to use that knowledge, how to organize material resources and human labor into an enterprise producing marketable goods.



The Money-Appropriator is an entirely different type of man. He is essentially noncreative — and his basic goal is to acquire an unearned share of the wealth created by others. He seeks to get rich, not by conquering nature, but by manipulating men, not by intellectual effort, but by social maneuvering. He does not produce, he redistributes: he merely switches the wealth already in existence from the pockets of its owners to his own.



The Money-Appropriator may become a politician — or a businessman who “cuts corners” — or that destructive product of a “mixed economy”: the businessman who grows rich by means of government favors, such as special privileges, subsidies, franchises; that is, grows rich by means of legalized force.



In Atlas Shrugged, Rand shows these two types in action through characters like steel magnate Hank Rearden and railroad executive Dagny Taggart, two brilliant and productive business people who carry a crumbling world on their shoulders. On the opposite end of the spectrum are Orren Boyle, a competitor of Rearden’s, and Jim Taggart, Dagny’s brother and CEO of the railroad where she works. Both constantly scheme to win special franchises and government contracts from their friends in Washington and to heap regulations on productive businesses like Rearden’s. Rearden is forced to hire a lobbyist in Washington to try to keep the bureaucrats off of his back.


When we damn “special interests” or businesses in general for cronyism, we end up grouping the Reardens in with the Orren Boyles, which only excuses the behavior of the latter and damns the former. This attitude treats the thug and his victim as morally equivalent. Indeed, this attitude makes it seem like success in business is as much a function of whom you know in Washington as it is how intelligent or productive you are.


It is unfortunately true that many businesses use political pull, and many are a mixture of money-makers and money-appropriators. So it can seem like success is a matter of government connections. But it’s not true in a fundamental sense. The wealth that makes our modern world amazing — the iPhones, computers, cars, medical advances and much more — can only be created through intelligence, ingenuity, creativity and hard work.


Government does not create wealth. It can use the force it possesses to protect the property and freedom of those who create wealth and who deal with each other civilly, through trade and persuasion; or it can use that force to plunder the innocent and productive, which is not sustainable over the long run. What principle defines the distinction between these two types of government?


The Solution: A Government Limited by the Principle of Rights


As I noted earlier, the common view about cronyism is that it is a function of “big” government and that the solution is to “shrink” or “limit” government. But that just leads to the question: what’s the limiting principle?


True, a government that does less has less opportunity to plunder the innocent and productive, but a small government can be as unjust to individuals as a large one. And we ought to consider how we got to the point that government is so large. If we don’t limit government’s power in principle, pressure group warfare will inevitably cause it to grow, as individuals and groups, seeing government use the force of law to redistribute wealth and restrict competition, ask it to do the same for them.


The common response is that government should act for the “good of the public” rather than for the narrow interests of private parties. The Los Angeles Times editorial quoted above expresses this view. “What’s truly crony capitalism,” says the Times, “is when the government confuses private interests with public ones.”


Most people who criticize cronyism today from across the political spectrum hold the same view. The idea that government’s job is to serve “the public interest” has been embedded in political thought for well over a century.


Rand rejects the whole idea of the “public interest” as vague, at best, and destructive, at worst. As she says in an essay called “The Pull Peddlers”:





So long as a concept such as “the public interest” … is regarded as a valid principle to guide legislation — lobbies and pressure groups will necessarily continue to exist. Since there is no such entity as “the public,” since the public is merely a number of individuals, the idea that “the public interest” supersedes private interests and rights, can have but one meaning: that the interests and rights of some individuals takes precedence over the interests and rights of others.



If so, then all men and all private groups have to fight to the death for the privilege of being regarded as “the public.” The government’s policy has to swing like an erratic pendulum from group to group, hitting some and favoring others, at the whim of any given moment — and so grotesque a profession as lobbying (selling “influence”) becomes a full-time job. If parasitism, favoritism, corruption, and greed for the unearned did not exist, a mixed economy [a mixture of freedom and economic controls] would bring them into existence.



It’s tempting to blame politicians for pull-peddling, and certainly there are many who willingly participate and advocate laws that plunder others. But, as Rand argues, politicians as such are not to blame, as even the most honest of government officials could not follow a standard like “the public interest”:





The worst aspect of it is not that such a power can be used dishonestly, but that it cannot be used honestly. The wisest man in the world, with the purest integrity cannot find a criterion for the just, equitable, rational application of an unjust, inequitable, irrational principle. The best that an honest official can do is to accept no material bribe for his arbitrary decision; but this does not make his decision and its consequences more just or less calamitous.



To make the point more concrete: which is in the public interest, the jobs and products produced by, say, logging and mining companies — or preserving the land they use for public parks? For that matter, why are public parks supposedly in “the public interest”? As Peter Schwartz points out in his book In Defense of Selfishness, more people attend private amusement parks like Disneyland each year than national parks. Should government subsidize Disney?


To pick another example: why is raising the minimum wage in “the public interest” but not cheap goods or the rights of business owners and their employees to negotiate their wages freely? It seems easy to argue that a casino parking lot in Atlantic City is not “in the public interest,” but would most citizens of Atlantic City agree, especially when more casinos likely mean more jobs and economic growth in the city?


There are no rational answers to any of these questions, because “the public interest” is an inherently irrational standard to guide government action. The only approach when a standard like that governs is to put the question to the political process, which naturally leads people to pump millions into political campaigns and lobbying to ensure that their interests prevail.


Rand’s answer is to limit government strictly to protecting rights and nothing more. The principle of rights, for Rand, keeps government connected to its purpose of protecting our ability to live by protecting our freedom to think and produce, cooperate and trade with others, and pursue our own happiness. As Rand put it in Atlas Shrugged (through the words of protagonist John Galt):





Rights are conditions of existence required by man’s nature for his proper survival. If man is to live on earth, it is right for him to use his mind, it is right to act on his own free judgment, it is right to work for his values and to keep the product of his work. If life on earth is his purpose, he has a right to live as a rational being: nature forbids him the irrational. Any group, any gang, any nation that attempts to negate man’s rights, is wrong, which means: is evil, which means: is anti-life.



A government that uses the force it possesses to do anything more than protect rights necessarily ends up violating them. The reason is that force is only effective at stopping people from functioning or taking what they have produced or own. Force can therefore be used either to stop criminals or to act like them.


The principle, then, is that only those who initiate force against others — in short, those who act as criminals — violate rights and are subject to retaliation by government. So long as individuals respect each other’s rights by refraining from initiating force against one another — so long as they deal with each other on the basis of reason, persuasion, voluntary association, and trade — government should have no authority to interfere in their affairs.


When it violates this principle of rights, cronyism, corruption, pressure group warfare and mutual plunder are the results.


There’s much more to say about Rand’s view of rights and government. Readers can find more in essays such as “Man’s Rights,” “The Nature of Government,” and “What Is Capitalism?” and in Atlas Shrugged.


Conclusion


In 1962, Rand wrote the following in an essay called “The Cold Civil War”:





A man who is tied cannot run a race against men who are free: he must either demand that his bonds be removed or that the other contestants be tied as well. If men choose the second, the economic race slows down to a walk, then to a stagger, then to a crawl — and then they all collapse at the goal posts of a Very Old Frontier: the totalitarian state. No one is the winner but the government.



The phrase “Very Old Frontier” was a play on the Kennedy administration’s “New Frontier,” a program of economic subsidies, entitlements and other regulations that Rand saw as statist and which, like many other political programs and trends, she believed was leading America toward totalitarianism. Throughout Rand’s career, many people saw her warnings as overblown.


We have now inaugurated as 45th president of the United States a man who regularly threatens businesses with regulation and confiscatory taxation if they don’t follow his preferred policies or run their businesses as he sees fit. A recent headline in USA Today captured the reaction among many businesses: “Companies pile on job announcements to avoid Trump’s wrath.”


Are Rand’s warnings that our government increasingly resembles an authoritarian regime — one that issues dictates and commands to individuals and businesses, who then have to pay homage to the government like courtiers in a king’s court — really overblown? Read Atlas Shrugged and her other writings and decide for yourself.