The Libertarian Standard – Page 21 – Property – Prosperity

TLS Podcast Picks: Donald Harris on copyright law and alcohol prohibition, Tucker on Anarchy

Drug Policy, IP Law, Libertarian Theory, Podcast Picks

By Stephan Kinsella / August 21, 2012 / 3 minutes of reading

Recommended podcasts:

“Donald Harris on copyright law and alcohol prohibition,” Surprisingly Free (Aug. 14, 2012) “Donald P. Harris, associate professor of law at Temple University discusses the regulation of file sharing. Harris explains that Alcohol Prohibition of the 1920s and 1930s as an historical example of laws that were inconsistent with the vast majority of society’s morals and norms. Looking back, one can see many similarities between the Alcohol and Filesharing Prohibitions. Harris suggests, then, that lessons learned from the failed “noble experiment” of Alcohol Prohibition should be applied to the current filesharing controversy. Doing so, he advocates legalizing certain noncommercial filesharing. A scheme along those lines would better comport with societal norms, he argues, and would force new business models to replace outdated and ineffective business models.” Harris is not an IP abolitionist, but he does at least suggest we consider legalizing file sharing for noncommerical uses.

“The Spy Who Saved D-Day,” Slate’s The Afterword (Aug. 16, 2012). An interview with Stephan Talty. “Juan Pujol was an underachieving Barcelona chicken farmer until World War II, when he transformed himself into an accomplished anti-Nazi spy. Using only his amazing gift for inventing credible lies, Pujol became Germany’s most valuable secret agent—but he was really a double agent, working with Britain’s intelligence service. Stephan Talty’s book Agent Garbo: The Brilliant, Eccentric Secret Agent Who Tricked Hitler & Saved D-Daytells the story of Pujol’s complex deception and how he convinced Germany’s high command that the D-Day invasion of Normandy was just a feint, while the real attack was aimed at Calais. The interview lasts around 30 minutes.”

Jeff Tucker discusses his new book A Beautiful Anarchy: how to Create your own Civilization in the Digital Age in this vimeo video and in an interview with S tefan Molyneux.

“Ohanian on the Great Recession and the Labor Market,” Econtalk (Aug. 20, 2012). “Lee Ohanian of UCLA talks with EconTalk host Russ Roberts about the recession, the recovery, and the state of labor market. Ohanian describes the unusual aspects of this recession and recovery in the United States as shown by the labor market and the unusual performance of hours worked, productivity, and wages. He also discusses the behavior of business investment and speculates as to why this recession and the recovery has been so different in the United States. The conversation closes with a discussion of the role of the foreclosure process in encouraging unemployment.” I found interesting Ohanian’s discussion of wage stickiness—for example, how wages could fall in response to a recession. He says that workers are quite willing to work for lower wages in response to changed market conditions, but that various state interventions into the market inhibit this adjustment, from soft coercion to regulations to laws.

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The Twentieth Anniversary of Kinsella’s “Estoppel” Defense of Libertarian Rights

Libertarian Theory, The Basics

By Stephan Kinsella / August 18, 2012 / 4 minutes of reading

It is on the edge of Fall 2012, and I realized today that it is about twenty years since the publication of my first scholarly article, Estoppel: A New Justification for Individual Rights. It was published in Reason Papers No. 17 (Fall 1992), a journal established and then edited by my friend Tibor Machan. In How I Became A Libertarian, I explain how it came about:

By 1988 I was in law school, and becoming a more well rounded libertarian, having read by this time Rothbard, Mises, Bastiat, the Tannehills, and a non-trivial portion of the books offered in the Laissez-Faire Books catalog. In that year there were two significant events in my life, from a libertarian perspective. One was Hans-Hermann Hoppe’s controversial and provocative article in Liberty, “The Ultimate Justification of the Private Property Ethic” (related articles linked here). In this article Hoppe sets forth his “argumentation ethics,” which holds that the libertarian private property ethic is implied in the very activity of argumentation—because those engaged in argumentation already presuppose the value of conflict-avoidance and the ability to control property and thus, those arguing in favor of socialism contradict themselves.

The second thing was that I encountered the legal principle of “estoppel” in my contracts class. This is the ubiquitous legal principle that precludes someone from asserting a legal claim or position that is inconsistent with earlier statements or behavior. I remember sitting in contracts class, as Professor Morris lectured on this topic, thinking “Eureka!” to myself, as I began to see that the concept of estoppel meshed perfectly with libertarian logic (and also with Hoppe’s argumentation ethics). The libertarian non-aggression principle holds that force may only be used in response to (initiated) force. There is a nice symmetry here. One may use force, if and only if it is response to initiated force (aggression). …

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Information longs to be free, but statists gonna state

Legal System, Police Statism, Statism, Technology

By Dick Clark / August 13, 2012 / 2 minutes of reading

It is the tendency of the state to compile as much information as possible about its subjects, but to persecute individuals who collect and divulge information about its agents and the way they operate. The state and its supporters want to keep tabs on you, but angrily (and violently) protest when you try to keep track of state actors. In the news today we saw two examples of this:

WikiLeaks has fallen victim to a major distributed denial of service attack for which the regime apologists at Anti-Leaks have taken responsibility (though there is speculation about this being a state-sponsored action). The attack, now more than a week in duration, coincides with the whistle-blower site’s recent release of the lastest dump of documents gleaned from the Stratfor intelligence leak. Recently released documents detail a privately administered domestic intelligence-gathering operation called TrapWire. According to PC Magazine and Russia Today, the leaks reveal that the TrapWire program is designed to compile information on targets across the United States from a network of surveillance cameras, incorporating vehicle locations and behavioral data in order to detect patterns that may signal that someone is involved in undesirable activity. The companies behind TrapWire, Abraxas and Stratfor, are reportedly chock full of former U.S. intelligence officials still serving their former masters.

Adam Mueller (a.k.a. “Ademo Freeman“), a liberty activist in New Hampshire and founder of CopBlock, was convicted of multiple counts of felony wiretapping for his efforts relating to the publicizing of a video-recorded attack by police officer Darren Murphy on a West High School student in Manchester. Mueller recorded conversations with the Manchester Police Department and school officials about the incident, and was charged under New Hampshire’s wiretapping statutes. This article at Pixiq about Mueller’s prosecution does a good job of explaining the “two-party consent” wiretapping laws in New Hampshire that provide the legal basis for Mueller’s persecution, as well as outlining Mueller’s unsuccessful pro se defense strategy. (Mueller was successful in another police recording case in Massachusetts last year.)

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TLS Podcast Picks: Francis Scott Key, Pro-Slavery Police-State Thug

Anti-Statism, History, Podcast Picks

By Stephan Kinsella / August 10, 2012 / 1 minute of reading

Recommended podcasts:

Francis Scott Key and the Forgotten Washington Race Riot of 1835, KERA Think (Aug. 9, 2012). “What role did ‘The Star-Spangled Banner’ lyricist Francis Scott Key play in preserving slavery? We’ll talk this hour with Jefferson Morley, former Washington correspondent for Salon and author of the new book Snow-Storm in August: Washington City, Francis Scott Key, and the Forgotten Race Riot of 1835.” This is a fascinating interview. The book sounds great. Key, known for the nauseating, jingoistic, nationalist Star Spangled Banner, was a wheeler-dealer lawyer-politician who parlayed his fame with the song into Washington power, and was finally recruited by Andrew Jackson to help suppress the growing anti-slavery movement in Washington, D.C. He jumped into the job with zeal, arresting and prosecuting people who wrote in favor of abolition or slaves’ rights—by charging them with sedition or libel (or seditious libel). Another evil “patriot” (like Washington who conscripted slaves, used his slave’s teeth for his false teeth, shot deserters, killed tax rebels, and so on). Next time you see “patriots” putting hand over heart to the “Star Spangled Banner,” remind them of the scoundrel fascist who wrote it. He makes Emma Lazarus seem heroic.

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“We Now Have Our Smallest Government in 45 Years”

Corporatism, The Left, Vulgar Politics

By Ryan McMaken / August 8, 2012 / 1 Comment / 2 minutes of reading

That’s the absurd title to a blog post over at The Atlantic today. The writer claims that the U.S. government is now the smallest it’s been since LBJ was president. The article is making the rounds among leftists, who, against all reason and common sense, have managed to convince themselves that the US government is getting smaller.

The claim is based on a calculation of total government employment as a ratio of the total US population. Right off the bat we know that comparing these ratios from 1968 and today will be off. This is largely because in 1968, most people whose salaries were funded by taxpayer sweat actually worked for the government. There weren’t mercenaries shooting up foreigners back then, or an enormous government-funded non-profit sector or legions of “consultants” who are really just government employees making extra-large salaries.

On top of this is the fact that government size is not only measured in the number of government employees. Better measures would include the US prison population, or taxes paid, or pages of government regulations or the number of federal laws, or the number of people groped by TSA pedophiles. Needless to say, all of these things have exploded in recent decades. On top of that, you have the war on drugs, the war on terror, the war on salt, fat, guns, raw milk, and a number of other things.

Yep, government sure is a shadow of its former self!

But, to make it simple, let’s just look at government spending. In 1968, the US government spent $883 dollars for every one of the 201 million Americans, or annual outlays totaling 178.1 billion. In 2011, the US government spent a whopping $11,493 for every one of the 313 million Americans for total outlays of 3.6 trillion. That’s an increase of 1,923 percent since 1968. The CPI over this period increased 545 percent, so we’re talking an enormous increase, even when adjusted for the official inflation rate.

We can also look at this another way. The amount of money taken from each American has increased almost 2,000 percent since 1968, which is more than triple the inflation rate.

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