All posts by Thomas L. Knapp

This One Weird Trick for Legalizing Marijuana

FreeImages.com/Mateusz Atroszko
FreeImages.com/Mateusz Atroszko

Governor Andrew Cuomo “insisted Monday (April 1) that New York will pass a law to legalize recreational pot before the Legislature adjourns in June,” The New York Post reports. He’s been promising legalization for some time. Many New Yorkers had hoped the measure would be included in this year’s state budget.

What’s the hold-up? “You still need to control and regulate,” says Cuomo. “You don’t want 14-year-olds having access to marijuana, so how you do it is frankly the tougher part of the equation. In the rush of the budget, we couldn’t do it intelligently.”

News flash for Governor Cuomo and New York’s legislators (and for politicians in all the other states lagging the legalization trend):

Those 14-year-olds already have access to marijuana. So does everyone else.

Sure, the price of “illegal” marijuana might be slightly higher than the price of “legal” marijuana (to make the profits worth the risk of going to jail), but anyone who wants a bag of weed can get one in a New York minute.

And they’ll still be able to get it after legalization, no matter what byzantine regulatory schemes the politicians come up with and no matter how solemnly they aver that those schemes are “for the chilllllldren.”

Here’s a weird trick for legalizing marijuana:

Legalize marijuana.

Yes, that’s really all there is to it.

If you feel some irrational need to “protect the children” from a plant, set an age limit. Problem solved.

Yes, they’ll ignore it.  Just like they ignore the age limits on alcohol and tobacco. They’ll ignore it even if you only allow it to be sold in licensed facilities. They’ll get fake IDs, or find helpful adults, or just buy it on the black market like they do now. They’ll ignore it, and they’ll ignore you. But hey, knock yourself out.

Confused about how to tax marijuana? Fine — DON’T tax it. Or at least don’t tax it any differently than any other similar plant. Deem it a non-taxable food, or a taxable confection, or a taxable houseplant. There, you’re done.

There’s nothing complicated about this. People have used marijuana for millennia. New Yorkers have used marijuana since there have been New Yorkers. They’re using marijuana now and they’ll be using marijuana a hundred years from now.

The only relevant question is whether or not they should go to jail for using it.

The only correct answer to that question is no, they shouldn’t.

Legalize it, New York. All you other states, too. Let’s get this silly war on a plant over with. The plant won. The plant has never not been winning. Surrender already. It’s good policy, it’s good politics, and it’s just the right thing to do.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY

Social Media Regulation: Speak of the Devil and in Walks Zuck

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In a recent column on the mating dance between Big Government and Big Tech, I noted that “Big Tech wants to be regulated by Big Governments because regulation makes it more difficult and expensive for new competitors to enter the market.”

Two days after I hit “publish” on that column, Facebook CEO Mark Zuckerberg called for government regulation of social media in a Washington Post op-ed.

Zuckerberg offers expansive arguments for regulating four areas of social media content, but those arguments are specious. My own claim as to his real reasons leers visibly over the shoulder of each argument he makes.

Zuckerberg’s first proposed regulatory area is “harmful content.” “Regulation,” he writes, “could set baselines for what’s prohibited and require companies to build systems for keeping harmful content to a bare minimum.”

Who’s best equipped to build such systems? Facebook, with assets of nearly $100 billion and annual revenues of $56 billion? Or a new site started by some middle class guy (or even an affluent Harvard student like Mark Zuckerberg 15 years ago) with a great idea and some spare time?

The second regulatory area is “protecting elections.” Zuckerberg: “Our systems would be more effective if regulation created common standards for verifying political actors. … We believe legislation should be updated to reflect the reality of the threats and set standards for the whole industry.”

Facebook, of course, has already invested billions in developing technology to identify users and advertisers and connect the two types of parties — all in-house.  Most startups don’t have the money to develop their own such systems. They hook into a third party advertising service or a standardized ad sales plug-in. The effect — and the intent — of those “updates” would be to protect Facebook from those startups (and the American political establishment from its own would-be competitors).

“Third, effective privacy and data protection needs a globally harmonized framework. … it should establish a way to hold companies such as Facebook accountable by imposing sanctions when we make mistakes.”

Facebook can easily accommodate “sanctions” that would kill most potential competitors. It already has big bucks in the bank (unlike a new company that may be years away from turning a profit), and that “globally harmonized framework” will almost certainly be built around its own standards and practices.

Finally, “data portability. If you share data with one service, you should be able to move it to another.” What will the “standard data transfer format” Zuckerberg calls for look like? Existing formats for handling user data. Who handles the most user data now? You know who. New competitors will be forced to build systems like Facebook’s, and forbidden to try their own, possibly better, user data handling schemes.

The Internet’s potential is encapsulated in the expropriated Maoism “let a hundred flowers blossom.” Zuckerberg agrees, but only if each of those hundred flowers is cloned from a geranium grown in his proprietary nursery.

Regulation, not competition, is where monopolies come from. Facebook isn’t a monopoly yet, but Zuckerberg clearly wants to make it one.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY

Big Government and Big Tech versus the Internet and Everyone

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Governments around the world began trying to bring the Internet under control as soon as they realized the danger to their power represented by unfettered public access to, and exchange of, information. From attempts to suppress strong encryption technology to the Communications Decency Act in the US and China’s “Great Firewall,” such efforts have generally proven ineffectual. But things are changing, and not for the better.

The European Parliament recently passed a “Copyright Directive” which, if implemented, will force Internet platforms to actively monitor user content instead of putting the burden of proving copyright infringement on those claiming such infringement. The Directive also includes  a “link tax” under which publishers will charge aggregation platforms for traditionally “fair use” excerpts.

The US government’s Committee on Foreign Investment is attempting to force the sale of Grindr, a gay dating app, over “national security” concerns. Grindr is owned by a Chinese company, Beijing Kunlun. CFIUS’s supposed fear is that the Chinese government will use information the app gathers to surveil or even blackmail users in sensitive political and military jobs.

Those are just two current examples of many.

Big Governments and Big Tech are engaged in a long-term mating dance.

Big Governments want to regulate Big Tech because that’s what governments do, and because, as with Willie Sutton and banks, Big Tech is where the Big Tax Money is.

Big Tech wants to be regulated by Big Governments because regulation makes it more difficult and expensive for new competitors to enter the market. Facebook doesn’t want someone else to make it the next MySpace. Google doesn’t want a fresh new face to send it the way of Yahoo.

It’s a mating dance with multiple suitors on all sides.

The US doesn’t like Grindr or Huawei, because FREEDUMB.

The Chinese don’t want uncensored Google or Twitter, because ORDER.

The EU is at least honest about being sexually indiscriminate: It freely admits that it just wants to rigorously screw everyone, everything, everywhere.

Big Tech wants to operate in all of these markets and it’s willing to buy every potential Big Government as many drinks as it takes to them all into the sack.

Everybody wins, I guess. Except the public.

Governments and would-be monopolists are fragmenting what once advertised itself as a Global Information Superhighway into hundreds of gated streets.

Those streets are lined by neatly manicured lawns per the homeowners’ association’s rigorously enforced rules, and herbicide is sprayed on those lawns to kill off the values that made the Internet the social successor to the printing press and the economic successor to the Industrial Revolution.

As Stewart Brand wrote, “Information Wants To Be Free. Information also wants to be expensive. … That tension will not go away.”

Big Tech and Big Government are both coming down, increasingly  effectively,  on the side of “expensive” and on the side of Ford’s  Model T philosophy (“you can have any color you want as long as it’s black”).

They’re killing the Internet. They’re killing the future. They’re killing us.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY