Traditional Cigarette Industry Finally Receives The Protection It Paid For

E-cigs have become a tremendous problem for traditional cigarette manufacturers. Like traditional cigarettes, e-cigs deliver the nicotine people want. Unlike traditional cigarettes, e-cigs don’t include the massive list of harmful additional materials. Not only is vaping healthier, it’s cheaper to boot. There is also a taboo around smoking these days whereas vaping is seen as the new cool thing to do. These benefits are allowing the e-cig industry to eat the traditional cigarette industry’s lunch.

What’s the last refuge of a dying industry? The State, of course. Fortunately, for the traditional tobacco industry, the Food and Drug Administration (FDA) is stepping in to stomp down the blossoming e-cig industry:

As the debate over the health risks of e-cigarettes rages on, the FDA is stepping in to “improve public health and protect future generations.” To do that, the US government will regulate e-cigs and vaping gear like it does any other tobacco product. Until now, these products haven’t been subject to government oversight. With the FDA’s changes, the federal law that already forbids tobacco sales to people under 18 will now apply to vaping as well. Sure, this age limit was already being enforced in some places, but this more formal announcement makes it a nation-wide law.

What’s more, vaping products will be subject to the same regulations in terms of packaging and production. Manufacturers will have to register with the FDA and provide a list of products to the agency. Companies will also be required to disclose ingredients, including any harmful or potentially harmful substances, and they’ll have to get approval before putting new tobacco products on the market. In terms of packaging and advertising, e-cigarette and vaping products must also feature a health warning label — just like the brands selling regular cigarettes.

There’s nothing as fun as good old protectionism. The e-cig market has thrived because the lack of government regulations allows new entrepreneurs to enter the market with little startup capital. Since the e-cig industry is fairly new and the products are highly customizable there is a lot of room for new, innovative entrepreneurs. By putting e-cigs in regulatory parity with traditional cigarettes the FDA has ensured that innovation within the industry will drop and that the entire industry will slowly be monopolized into a handful of large companies.

The slowdown in innovation, restrictions from advertising, and other regulatory burdens will allow traditional cigarette companies to stand a good chance of competing successfully again.

“But Chris,” I hear somebody say, “what about the longterm health effects of e-cigs?” To that I say, what about them? All of the concerns about health effects are unrealized at this point so they can’t even been addressed. Entirely hypothetical threats are not a good foundation for policies. Besides, what a person puts into their body is their own business regardless of health side effects. To quote Ludwig von Mises, “If a man drinks wine and not water I cannot say he is acting irrationally. At most I can say that in his place I would not do so. But his pursuit of happiness is his own business, not mine.” If you want to inject some krokodil into your eyeball, inject some heroine between your toes, and vape all at the same time that should be your right.

There is no sound reason for the FDA’s declaration here except to provide the traditional cigarette companies the protections they paid, err, lobbied for.

The War Against Privacy

If you read the erroneously named Bill of Rights (which is really a list of privileges, most of which have been revoked) you might be left with the mistaken impression that you have a right to privacy against the State. From the National Security Administration’s (NSA) dragnet surveillance to local police departments using cell phone interceptors, the State has been very busy proving this wrong. Not to be outdone by the law enforcement branches, the courts have been working hard to erode your privacy as well. The most recent instance of this is a proposed procedural change:

The Federal Rules of Criminal Procedure set the ground rules for federal criminal prosecutions. The rules cover everything from correcting clerical errors in a judgment to which holidays a court will be closed on—all the day-to-day procedural details that come with running a judicial system.

The key word here is “procedural.” By law, the rules and proposals are supposed to be procedural and must not change substantive rights.

[…]

But the amendment to Rule 41 isn’t procedural at all. It creates new avenues for government hacking that were never approved by Congress.

The proposal would grant a judge the ability to issue a warrant to remotely access, search, seize, or copy data when “the district where the media or information is located has been concealed through technological means” or when the media are on protected computers that have been “damaged without authorization and are located in five or more districts.” It would grant this authority to any judge in any district where activities related to the crime may have occurred.

In layman’s terms the change will grant judges the ability to authorize law enforcers to hack into any computer using Tor, I2P, a virtual private network (VPN), or any other method of protecting one’s privacy (the wording is quite vague and a good lawyer could probably stretch it to include individuals using a public Wi-Fi access point in a restaurant). The point being made with this rule proposal is clear, the State doesn’t believe you have any right to protect your privacy.

This should come as no surprise to anybody though. The State has long held that your right to privacy stops where its nosiness begins. You’re not allowed to legally possess funds the State isn’t aware of (financial reporting laws exist to enforce this), manufacture and sell firearms the State isn’t aware of, or be a human being the State isn’t aware of (registering newborn children for Social Security and requiring anybody entering or leaving the country to provide notice and receive approval from the State).

Perpetual Prison

A man is sent to prison. He stays his time. After being released he’s required to fulfill additional stipulations. Due to financial restrictions, which isn’t an uncommon restrictions for people getting out of a cage, he is unable to fulfill those stipulations. As a result he’s sentenced again and returns to prison.

What I’ve described is effectively a way for the State to imprison somebody for life for any crime. Jonathan Earl Brown probably isn’t most people’s idea of an upstanding person. He, at 26 years-old, was caught in bed with a 15 year-old girl. He was then sentenced to prison. It would be easy to toss him aside but justice is supposed to be blind so the situation he finds himself in should be analyzed separately from his person. And his situation is what I described in the opening paragraph:

After serving nearly two years for criminal sexual contact with a minor, Brown, 26, enrolled at Minneapolis Community and Technical College and began searching for a stable job and a place to live.

But just four months into his probation, Brown was sent back to prison. His offense: failing to enter sex offender treatment that he could not afford.

Attorneys and therapists say his case has exposed a major gap in Minnesota’s system of treatment for the nearly 1,600 convicted sex offenders who live under supervision in the community after leaving prison.

In Minnesota, sex offenders are often ordered by local judges to pay for their own treatment as a condition of probation. Yet many walk out of prison too broke to afford the co-payments. Brown was homeless, jobless and so destitute that his probation officer suggested he sell his blood to cover his $42 co-payment, court records show.

Last month a state appeals court panel upheld the revocation of Brown’s probation, triggering denunciations by prisoner advocates and public defenders.

People often like to bring up the recidivism rate amongst sentenced criminals as evidence that criminal behavior is something inherent in certain individuals. What is often ignored is the almost insurmountable odds many criminals face when they get out of prison. Prison sentences are supposed to be a means in which criminals can repay their debt to society (it’s a nonsense collectivist ideal since one cannot owe anything to an abstract idea such as society, but bear with me). Once that debt is repaid they’re supposedly free to return to their life. But most people who have served a prison sentence come out penniless and have few, if any, prospects for a job.

When you have nothing to survive on and you’re effectively blacklisted from legitimate work what are you supposed to do? Is it not feasible that many people who have been sentenced for a crime end up reverting to their previous criminal activity, such as drug dealing, because they have no other prospects?

Now imagine somebody like Brown who not only has nothing to survive on but must meet financial obligations just to remain outside of the State’s cages. He’s being required to fulfill criteria that he cannot fulfill and is being punished for it. Is this justice? If so, what’s to stop a judge from perpetually returning somebody to prison by knowingly placing an unmeetable probational burden on them?

Government Incompetence Saves Us All

Conservatives always tell me that they want a competent government. The worst thing that could happen to a government is if it became competent. Today people around the world enjoy incompetent governments, which means their random decrees are not nearly as consequential as they could be:

A Brazilian judge has ordered (Google Translate) that all mobile phone providers in the country block WhatsApp traffic for 72 hours, beginning yesterday.

However, Brazilians are discovering that the ban only covers mobile carriers—so Brazilians still can use WhatsApp over Wi-Fi or a VPN connection over their mobile data plan.

Imagine if Brazil’s government was competent. The entire country could have been cutoff from a very popular means of communicating securely.

I’m a fan of incompetent government. So long as a government cannot effectively enforce the decrees it issues the amount of damage it can cause is limited (when compared to what the damage could be, I’m not claiming the damage is usually minor).

On Edward Snowden

With the Edward Snowden movie coming out the conversation regarding his motives has been rekindled. I see a lot of people referring to him as a traitor because he didn’t go through proper channels to stop the National Security Agency’s (NSA) indiscriminate violation of our privacy.

What may people seem to have forgotten is that we already know what happens when whistleblowers go through proper channels. William Binney did exactly that. He went to his superiors and eventually went so far as to try to get the Senate involved.

What did he get for his efforts? A lot of stonewalling with a great big side of nothing. Okay, that’s not entirely accurate. He did get to experience seeing armed federal agents threaten his family at gunpoint and then being kidnapped by them.

Repeating the same thing over and expecting different results is often referred to as a sign of insanity. Knowing what happened to Binney what other recourse did Snowden have? Should he have just shut his mouth? If so, what recourse do the people have against an overreaching government?

The history of the NSA and its whistleblowers needs more consideration when considering Snowden’s actions.

Government Oversight

Every time the government initiates another secret program some boot licking apologist excuses it as necessary to fight the enemies of America. After all, our wise benefactors put safety measure in place so these secret programs aren’t abused!

Except those safety measures don’t stop anything:

The secretive U.S. Foreign Intelligence Surveillance Court did not deny a single government request in 2015 for electronic surveillance orders granted for foreign intelligence purposes, continuing a longstanding trend, a Justice Department document showed.

The court received 1,457 requests last year on behalf of the National Security Agency and the Federal Bureau of Investigation for authority to intercept communications, including email and phone calls, according to a Justice Department memo sent to leaders of relevant congressional committees on Friday and seen by Reuters. The court did not reject any of the applications in whole or in part, the memo showed.

1,457 requests and not a single denial? Either the National Security Agency (NSA) and Federal Bureau of Investigations (FBI) are exceedingly cautious in with their requests or the court serves as a rubber stamp, not a check against abuse. Considering the history of both agencies I think it’s pretty safe to say the court is just a rubber stamp.

This is when some boot licker will tell me, “You don’t know that for sure, Chris!” And they’re right, which is the problem with secret programs. Everything takes place behind an iron curtain so the public has no way to verify if the program is being abused. What we do know is the lack of transparency creates an environment for abuse so even if a secret program isn’t currently being abused it will attract people who wish to abuse it.

Berning The Middle East Down

One thing that marks this presidential election is the complete absence of a mainstream anti-war candidate. In 2008 and 2012 Ron Paul was the predominant anti-war candidate for the Republicans and Obama pretended to be anti-war in his 2008 campaign. But this year not a single major candidate is even pretending to be anti-war. When I point this out somebody inevitably brings up Bernie Sanders but even he isn’t hiding his murderous desires:

QUESTION: Senator Sanders, you said that you think that the U.S. airstrikes are authorized under current law, but does that mean that the U.S. military can lawfully strike ISIS-affiliated groups in any country around the world?

SANDERS: No, it does not mean that. I hope, by the way, that we will have an authorization passed by the Congress, and I am prepared to support that authorization if it is tight enough so I am satisfied that we do not get into a never-ending perpetual war in the Middle East. That I will do everything I can to avoid.

(APPLAUSE)

But the President, no President, has the ability willy-nilly to be dropping bombs or using drones any place he wants.

HAYES: The current authorization which you cite in what Miguel just quoted which is the authorization to use military force after 9/11. That has led to the kill list. This President — literally, there is a kill list. There is a list of people that the U.S. government wants to kill, and it goes about doing it. Would you keep the kill list as President of the United States?

SANDERS: Look. Terrorism is a very serious issue. There are people out there who want to kill Americans, who want to attack this country, and I think we have a lot of right to defend ourselves. I think as Miguel said, though, it has to be done in a constitutional, legal way.

HAYES: Do you think what’s being done now is constitutional and legal?

SANDERS: In general I do, yes.

So he’s hoping, as president, he’ll receive authorization to continue doing what Bush and Obama have already been doing. But even more concerning is his support of the kill list.

I’ve discussed the kill list several times but I’ll summarize the problem with it for the benefit of newer readers. The names that appear on the kill list aren’t people who have been found guilty through due process. In fact we only know a little bit about the secret criteria used to justify adding names to the list and that information only came from an unauthorized leak. Sanders believes murdering foreigners without due process is both constitutional and legal.

To put this as diplomatically as I can, fuck Sanders. Anybody who claims he’s an anti-war candidate is either a liar or ignorant.

Yet Another Reason Why Democracy Sucks

Democracy has been deified in our society and any dissent is treated as high treason. But I’m here to tell you that democracy sucks.

Democracy is built on the idea that whatever a majority of a voting body decides is somehow just. But what happens when the majority of a voting body decides your so-called rights are mere privileges and furthermore have deemed you no longer need those privileges?

A survey commissioned by the BBC suggests that 63 per cent of UK university students believe the National Union of Students (NUS) is right to have a “no-platform” policy, whereby individuals or groups with opinions deemed to be offensive can be banned from speaking on student union premises.

More than half (54 per cent) of students surveyed also thought the policy should be actively enforced against people who could be found intimidating.

The National Union of Students (NUS) is a democratic organization and a majority of the designated voting body decided to allow censorship on campus student unions. With that simple majority vote, which is also backed up by a majority of surveyed university students, anybody deemed to be supporting an offensive platform is barred from speaking at a location that their tax dollars may very well have funded.

Freedom of speech is a concept used to protect the minority from government censorship. But democracy is a concept that relies on the idea that the will of the majority is correct. The two concepts are opposed to one another because a democracy is oppositional to the minority.

Religious Freedom*

Mississippi recently passed House Bill 1523 [PDF] into law. The bill was described by its proponents as legislation to protect religious freedom by prohibiting the government from discriminating against actions performed due to strong religious convictions. What the proponents of the bill forgot to mention was the giant asterisk that noted the restrictions. House Bill 1523 only protects your religious freedom as long as you believe the right things:

SECTION 2. The sincerely held religious beliefs or moral convictions protected by this act are the belief or conviction that:

(a) Marriage is or should be recognized as the union of one man and one woman;

(b) Sexual relations are properly reserved to such a marriage; and

(c) Male (man) or female (woman) refer to an individual’s immutable biological sex as objectively determined by anatomy and genetics at time of birth.

If your religious beliefs our outside of those three criteria this bill does not protect them. For example, members of the Church of the Phenomenological Agorist hold a strong moral conviction that participation in the black market is not only righteous but a holy duty. Even though black market participation is a strongly held moral conviction the government will still ruthlessly pursue discriminatory action against them.

Do your religious beliefs acknowledge polygamy? If so those beliefs actually directly go against this bill since it only protects beliefs that acknowledge marriage as a union of one man and one woman. Don’t like it? Tough shit. You should have chosen a governmentally protected religion.

So long as you believe one of the three approved beliefs the government of Mississippi will not prosecute you for refusing to perform a wedding or bake a cake nor will it prosecute you for enforcing bathroom assignments. It will not restrain itself from prosecuting you for, for example, refusing service to police officers, something the Church of the Phenomenological Agorist strongly encourages, or people who discriminate against polygamous families.

This bill isn’t about religious freedom, it’s about religious discrimination. It creates two tiers for religions: those that subscribe to the beliefs specifically noted in the bill and those that do not. Members of religions in the first tier receive special treatment from the Mississippi government. Members of all other religions have to suffer the full brunt of the government’s boot stomping down on their faces.

Another Hero Becomes A Political Prisoner Of Uncle Sam

Anybody who has been paying attention to the depravities of the State won’t be surprised by this post. It is a post about another hero who has been turned into a political prisoner by the State. This hero worked to reduce the violence in the drug market by keeping both buyers and sellers anonymous. He did this in spite of the fact that the last person who followed this path ended up imprisoned for life. Unfortunately the fate of his predecessor likely convinced this hero to plead guilty and suffer a reduced sentence rather than be railroaded by the State’s courts:

Last week, a federal judge in Washington formally accepted the guilty plea of Brian Farrell, the 28-year-old who had been accused in 2015 of being the right-hand man to the head of Silk Road 2.0, the copycat website inspired by the infamous Tor-enabled drug website.

In a 2015 press release, the Department of Justice said that SR2 had generated approximately $8 million per month since it began in November 2013.

While the State was busy sending Special Weapons And Tactics (SWAT) teams to people’s houses at oh dark thirty to kick in their doors, shoot their dogs, and kidnap them because they were in possession of a plant, Brian Farrell was helping run a service that kept those psychotic law enforcers away from both buyers and sellers. After all, neither drug buyers or sellers actually commit actual crimes. There is no victim in a mutually agreed upon transaction.

Due to the illegal nature of the drug trade violence often does creep into the mix though. Most of this violence occurs between competing dealers but sometimes it occurs when disagreements arise between buyers and sellers. Since the State has declared the drug trade illegal, claims a monopoly on dispute resolution services, and ruthlessly pursues anybody who creates a dispute resolution service for drug market actors there are few places for a wronged seller or buyer to go. Silk Road and Silk Road 2 acted as both a marketplace and a dispute resolution service. Through escrow, mediation, and user reviews both Silk Roads allowed wronged parties to have their disputes resolved peacefully. In fact there was no way for wronged parties to resort to violence since all parties were anonymous.

Online drug marketplaces are considered illegal by the State. But the vast majority of crimes perpetrated in relation to these marketplaces are those committed by the State as it uses its capacity for violence to terrorize and punish anybody involved in the drug trade.

Brian Farrell, like Ross Ulbricht before him, should be remembered as a hero who tried to stem the tide of government violence.