Showing posts with label Gibson Guitar. Show all posts
Showing posts with label Gibson Guitar. Show all posts

Tuesday, November 01, 2016

Who Are We Going to Coerce Today?—Also Known As: Politics Is a Bore
2016 Version

In November 2012, I published a paean to our national elections titled “Politics Is a Bore.” Some months afterwards I changed the title to the more apt “Who Are We Going To Coerce Today?,” because coercing innocent people is what contemporary politics is all about.

Below is a lightly edited and updated version of the 2012 tribute.


The term “political junkie” is familiar to all of us today, but when I first heard it years ago, used by a news reporter to describe herself, I was puzzled. Why, I thought, would anyone be so obsessed with politics to spend every waking minute following every conceivable tidbit of information coming out of the political arena?

Perhaps the reporter’s interest in politics was strictly professional, to cover what was going on, but I suspect that many in her position, as well others who follow political news closely, admire the entire system and consider it important to support. Many political junkies, I fear, are those who admire the coercive apparatus of the state and relish the thought of being in a position of political power to make political decisions.
   
To me, politics is a bore—precisely because it is all about coercion, the government-initiated type; it’s seldom about reducing government involvement in our lives. And following politics closely, as many do, means their interest really comes down to: who is going to be coerced today? Let’s see who’s going to be told by the anointed authorities what they can and cannot do. Protecting individual rights has long since disappeared from our political landscape such that decisions in today’s government-by-lobby mixed economy invariably constitute violations of innocent victims’ rights for the sake of someone else’s rent-seeking benefit.

Just look at the disgraceful shakedown of Gibson Guitar [in 2011], carried out in the name of the environmental lobby. Flimsily suspected, but never charged, of illegally importing wood from Madagascar and India, the company was twice raided with Gestapo-like tactics by armed, bullet-proof clad SWAT teams. At a 2011 press conference, Gibson CEO Henry Juszkiewicz courageously called the Justice Department on its flagrantly unjust laws and tyrannical procedures. Because of the outcry that followed, the Department compromised by allowing Gibson off the hook with a settlement: $350 thousand in fines and censorship (a gag order) not ever to do again what Juszkiewicz did at his press conference, namely to contradict the alleged facts claimed by the government (1, 2, 3). If this is not coercion in politics—the initiation of the use of physical force against innocent victims—what is?

Now I suppose one could say that some politicians are trying to do good things in Washington and the state capital. And I will grant that maybe one or two may be trying to roll back government intrusions into our bedrooms and board rooms. Ron Paul’s two presidential runs have certainly given a hearing to new ideas and Paul Ryan has put Ayn Rand’s name in the news [in 2012, not 2016!].*

But, seriously, what have Democrats and Republicans done in the last hundred years to increase the protections of individual rights? Democrats make no pretense at rolling back government interventions; they are only too eager to pass more laws increasing the state’s size and power. Republicans, on the other hand, are notorious for paying lip service to the free market and capitalism, but when in office they end up increasing the government’s coercive powers more than the Democrats would have done. Look at the two previous Bush administrations.

“Passing a law” for over a century has almost always meant increasing coercion against an innocent party for the gain of a pressure group. The “squeakiest wheel,” of course, gets the grease in a mixed economy; that’s the fundamental theory of the system because there is no just way to determine who gets the favors, or should I say, rents. But the laws are democratically passed by vote, one might object? Democracy, as the Greeks taught, can be a form of dictatorship and Hong Kong survived quite well for decades under the British common law without general elections.**

That’s not to say that I don’t believe in voting, though not voting is just as valid a participation in the system as pulling a lever. In the current political season, I will vote against the many California tax propositions and probably vote for the lesser of two evils for president. [Not in 2016. I’m voting for Gary Johnson.] I was going to write in Ron Paul’s name, as I did four years ago, but I think a statement does need to be made in this election. I realize that my vote in this very blue state is virtually worthless and, after the election, politics will resume its usual games of playing “who are we going to coerce today”?

Yawn! Wake me up when something really good and important happens.

Altering a bit what I have said before, “I do not expect life to improve much, if at all, in the next four years of the [next] presidential administration. I do not expect the [next] (or [current]) administration to be the indicator of the beginning of the end of civilization as we know it.” Life goes on. Cultural and political systems change slowly. Political junkies can continue to obsess over every coercive decision that is made in positions of power. I will read and write about other topics.


*A recent informal search of The NY Times produced these mentions of Ayn Rand’s name: 97 for all of 2011, 10 for the first quarter of 2012, 68 for the second quarter, and 147 for the third. Paul Ryan seems to be doing some good, though most comments about Ayn Rand in the Old Gray Lady remain smarmy, snarky, ignorant, and hostile. Perhaps after I am dead, these Times writers will also be dead and younger ones will take their place, ones who have actually read Rand’s works and are capable of separating her personality and followers from her ideas.

[Update: 38 mentions for all of 2015, 6 for the first quarter of 2016, 8 for the second quarter, and 6 for the third. A few mentions in the past five years have seemed a little more neutral. Most recently, in a book-review-page author interview, mystery writer Otto Penzler said he has “virtually all the books written by Ayn Rand, several read more than once” and his favorite fictional hero is Howard Roark. Are times (or The Times) changing?]

**I’m not convinced that the vote is fundamental to a genuine liberalism. The classical liberals saw it that way, but Hong Kong has shown us that a constitution and legal system that are adhered to do not require voting to keep the system going. When African Americans and women attained the right to vote, that did not guarantee them the protection of other, more important rights to liberty and property. [See section 8, chapter 1, of Ludwig von Mises’ Liberalism. The primary purpose of democracy, he says, is to avoid civil war by ensuring a peaceful transition of leadership.]


Postscript, 2016. It seems I used the phrase “politics bores me” in my September 2008 hymn to our political system. I was talking about the two liberalisms, the left’s version and the Misesian one. In September of this year, Jeffrey Tucker wrote at fee.org urging us all to take back the Misesian word. Why? Because the left is tending not to use liberalism to describe their brand of politics, preferring to call themselves progressives. To those who know what is happening on college campuses, it is obvious why the left is abandoning the word: they no longer pretend to be advocates of freedom. In July I used the f-word (fascist) to describe the early progressives; the shoe seems to fit. And Tucker, in this recent piece, implies that the premise of a total state began with the early progressives.


Wednesday, April 06, 2016

On Involuntary Servitude:
“You’ll Do Something, Mr. Cook. . . . If You Don’t, We’ll Make You.”

The March 28 Time magazine cover story about Apple Inc.’s legal battle against the FBI and the lengthy interview with CEO Tim Cook are well worth the read.* So also is the earlier February 25 column on this case by Judge Andrew Napolitano.

There are several takeaways from the three pieces.

The FBI in February had ordered Apple to create new software to hack the encrypted iPhone of a dead terrorist. Apple contested the order, saying it would be a violation of civil liberties and that such software would put a master key in the hands of bad guys all over the world, including authoritarian governments. This, Cook says, is tantamount to banning encryption.

The case is now moot, because the FBI did what it should have done in the first place: it hired an independent firm to hack the phone, presumably achieved without creating new software. The order at the FBI’s request has been vacated, but the issues, including the possible future coercing of Apple and other tech firms, remain.

Tim Cook in the Time article and interview says that banning encryption means only the bad guys—such as terrorists—will have it, because encryption software is widely available beyond the borders of the United States. I doubt that Cook intended this, but he is making the same argument as the defenders of the Second Amendment: ban guns and only the bad guys will have them!

Cook says the court order amounted to a violation of the civil liberties of Apple’s customers, especially their right to privacy. Judge Andrew Napolitano made it an issue of due process, because Apple was not given proper notice, and, more significantly, a case of involuntary servitude.

Let’s take involuntary servitude first. The phrase comes from the Thirteenth Amendment to the US Constitution that outlaws slavery. The Supreme Court, however, has issued a number of rationalizations why a military draft and other forms of forced labor do not constitute servitude. The main excuse is that the amendment was passed specifically to apply to African slavery, not to other forms of forced labor. That is, all young, able-bodied men—and today, women—owe a duty, when so ordered, to perform work for their government and, if “necessary,” to go die for the old men (and women) in power in Washington.

The justices of the Supreme Court, not to mention legal experts and other intellectual leaders, both today and yesterday, have failed to understand that rights are absolute and universal. A freedom to take action, when not infringing anyone else’s freedoms, is a freedom to take action.

And slavery is slavery, as Judge Napolitano argued. Slave labor is precisely what Apple was asked to perform.

Indeed, the FBI vs. Apple case was an Atlas Shrugged moment on at least two counts. Several Apple engineers had stated that they would refuse to write such requested new software for the FBI, risking fines and imprisonment. Or quit. In effect, they were threatening to strike.

The working title of Ayn Rand’s novel was The Strike.

The case most amazingly was a Hank Rearden moment. I’m referring to the passage in the novel where the steel titan is ordered by James Taggart and his cronies to produce at a loss and therefore make the irrational work. When Rearden asks how he is supposed to accomplish that, Taggart responds, “Oh, you’ll do something.”

A major theme of the novel is that creativity and innovation do not work at the point of a gun, but that was what the FBI was asking and expecting Apple to do.

What our country needs more of today are business CEO’s with the integrity and courage of Mr. Cook—to stand up to their government.

In fact, this confrontation between the FBI and Apple would make an excellent business ethics case for future (or even current) executives to discuss.

The civil liberties issue that Cook talks about brings up the canard about privacy versus security. Cook wants to defend his customers’ privacy. The FBI and Washington don’t give a hoot.

When a crisis occurs, the politicians and bureaucrats scream security over privacy. Rights be damned. And the use of fear by the government usually succeeds in getting citizens to cough up their rights.

Cook points out that the government wanted Apple to create a master key and give up the privacy—which really means security and safety—of millions of people around the world in order to go after a “sliver” of bad guys.

Somehow the lawyers in Washington seem to have forgotten the training that taught them a most important principle of the free society, namely that it is better for a guilty person to go free—that would be Cook’s sliver of bad guys—than for an innocent one to be sent to jail.

Plus, as long as I am talking about involuntary servitude, this brings up the related Vietnam War era discussions of the prospects of an all-volunteer army. “There might not be enough volunteers,” the supporters of the draft yelped incredulously. Two answers were given, aside from the prickly issue of rights versus slavery: one, perhaps the war was not just and we shouldn’t be involved at all, or two, if the war is just and the country does not have enough volunteers, then the country deserves what is coming to it.

This last applies similarly to the FBI’s attempt to force Apple into involuntary servitude, for unjust means to a just end can never be moral. Coercing Apple to hack a dead terrorist’s phone to obtain information that might prevent the occurrence of a future event destroys the principle of justice and ethics.

If, however, in the name of justice the FBI refused to coerce Apple and, as consequence, failed to obtain such information, at the very least it could then stand tall and say that it upheld a cardinal principle of the free society.

The real—practical—issue here, though, is that the FBI (and government as a whole) needs to become proactive in creating better crossbows. In any weapons race, the bad guys will sooner or later obtain the latest crossbow, or encryption technology, which means the good guys must stay one step ahead of the bad. Apple has done, and is continuing to do, just that.

It is time for the government to do the same, instead of wasting money and resources trying the coerce Apple to correct the FBI’s own mistakes.

The FBI’s mistake was the order to reset the iPhone’s passcode, which resulted accidentally in the Bureau’s inability to access the phone’s information.

In the few weeks of this FBI standoff, Apple fortunately was not raided by gangs of armed, bulletproof vested SWAT teams. Apple is a high profile, well-liked firm and escaped—for now—such inexcusable tyranny.

Tennessee based Gibson Guitar a few years ago was not so fortunate.

After the SWAT teams left, Gibson CEO Henry Juszkiewicz, like Tim Cook, spoke up to defend his business. Never charged (for illegally importing wood from Madagascar and India), and, of course, no apologies given, Gibson was slapped with a fine and a gag order—to never again speak up to point out how unjust the US Justice Department is, which is to say: to never again attempt to defend itself.


*Dated March 17 in the digital versions.

Postscript. I cannot pretend to keep up with all the issues involved in this post’s encryption battle, but WhatsApp, the online messaging service, has just announced that it has encrypted all messages of its billion or so worldwide users. No one in the WhatsApp office can listen in to or hack what is being, or has been, said.

WhatsApp’s analogy to defend encryption is that what is now being done electronically has been done for centuries without the electronics, because it is just conversation that formerly was done at the water cooler or under an old oak tree. If the FBI wants the information that is being discussed, it either needs to subpoena the participants or send spies to the coolers and trees.

Spooks on the ground to gather intelligence. What a novel idea! It used to be done but, as I recall, budget cuts going back to the Clinton administration led to the post-9/11 hysteria about weapons of mass destruction in Iraq. The Bush administration had to rely on satellite photographs to verify information that should have been obtained with real people seeing with their own eyes.


Friday, November 02, 2012

Who Are We Going to Coerce Today?
(Originally Titled: Politics Is a Bore)

The term “political junkie” is familiar to all of us today, but when I first heard it years ago used by a news reporter to describe herself, I was puzzled. Why, I thought, would anyone be so obsessed with politics to spend every waking minute following every conceivable tidbit of information coming out of the political arena?

Perhaps the reporter’s interest in politics was strictly professional, to cover what was going on, but I suspect that many in her position, as well as others who follow political news closely, admire the entire system and consider it important to support. Many political junkies, I fear, are those who admire the coercive apparatus of the state and relish the thought of being in a position of political power to make political decisions.
   
To me, politics is a bore—precisely because it is all about coercion, the government-initiated type; it’s seldom about reducing government involvement in our lives. And following politics closely, as many do, means their interest really comes down to: who is going to be coerced today? Let’s see who’s going to be told by the anointed authorities what they can and cannot do. Protecting individual rights has long since disappeared from our political landscape such that decisions in today’s government-by-lobby mixed economy invariably constitute violations of innocent victims’ rights for the sake of someone else’s rent-seeking benefit.

Just look at the disgraceful shakedown of Gibson Guitar, carried out in the name of the environmental lobby. Flimsily suspected, but never charged, of illegally importing wood from Madagascar and India, the company was twice raided with Gestapo-like tactics by armed, bullet-proof clad SWAT teams. At a 2011 press conference, Gibson CEO Henry Juszkiewicz courageously called the Justice Department on its flagrantly unjust laws and tyrannical procedures. Because of the outcry that followed, the Department compromised by allowing Gibson off the hook with a settlement: $350 thousand in fines and censorship (a gag order) not ever to do again what Juszkiewicz did at his press conference, namely to contradict the alleged facts claimed by the government (1, 2, 3). If this is not coercion in politics—the initiation of the use of physical force against innocent victims—what is?

Now I suppose one could say that some politicians are trying to do good things in Washington and the state capital. And I will grant that maybe one or two may be trying to roll back government intrusions into our bedrooms and board rooms. Ron Paul’s two presidential runs have certainly given a hearing to new ideas and Paul Ryan has put Ayn Rand’s name in the news.*

But, seriously, what have Democrats and Republicans done in the last hundred years to increase the protections of individual rights? Democrats make no pretense at rolling back government interventions; they are only too eager to pass more laws increasing the state’s size and power. Republicans, on the other hand, are notorious for paying lip service to the free market and capitalism, but when in office they end up increasing the government’s coercive powers more than the Democrats would have done. Look at the two previous Bush administrations.

“Passing a law” for over a century has almost always meant increasing coercion against an innocent party for the gain of a pressure group. The “squeakiest wheel,” of course, gets the grease in a mixed economy; that’s the fundamental theory of the system because there is no just way to determine who gets the favors, or should I say, rents. But the laws are democratically passed by vote, one might object? Democracy, as the Greeks taught, can be a form of dictatorship and Hong Kong survived quite well for decades under the British common law without general elections.**

That’s not to say that I don’t believe in voting, though not voting is just as valid a participation in the system as pulling a lever. In the current political season, I will vote against the many California tax propositions and probably vote for the lesser of two evils for president. I was going to write in Ron Paul’s name, as I did four years ago, but I think a statement does need to be made in this election. I realize that my vote in this very blue state is virtually worthless and after the election politics will resume its usual games of playing “who are we going to coerce today”?

Yawn! Wake me up when something really good and important happens.

Altering a bit what I have said before, “I do not expect life to improve much, if at all, in the next four years of the [next] presidential administration. I do not expect the [next] (or [current]) administration to be the indicator of the beginning of the end of civilization as we know it.” Life goes on. Cultural and political systems change slowly. Political junkies can continue to obsess over every coercive decision that is made in positions of power. I will read and write about other topics.



*A recent informal search of The NY Times produced these mentions of Ayn Rand’s name: 97 for all of 2011, 10 for the first quarter of 2012, 68 for the second quarter, and 147 for the third. Paul Ryan seems to be doing some good, though most comments about Ayn Rand in the Old Gray Lady remain smarmy, snarky, ignorant, and hostile. Perhaps after I am dead, these Times writers will also be dead and younger ones will take their place, ones who have actually read Rand’s works and are capable of separating her personality and followers from her ideas.

**I’m not convinced that the vote is fundamental to a genuine liberalism. The classical liberals saw it that way, but Hong Kong has shown us that a constitution and legal system that are adhered to do not require voting to keep the system going. When African Americans and women attained the right to vote, that did not guarantee them the protection of other, more important rights to liberty and property.