Big Government

“The FAA, Drones, and Caltrops”

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Some thoughts about drones and govt regulation, from the always interesting John Robb:

Here’s one of the reasons that the FAA has seized control of all drones (including toys) and is slowing the development of automated aviation to a crawl. It’s a dumb move, since it won’t work, but they are doing it anyway.
 
The reason is that drones make disruption easy.
 
[. . .]
 
The big question: Will the FAA effort to control drones protect against this type of disruption? No. It won’t.
 
It actually makes the situation worse. It prevents the development of the safeguards an economically viable drone delivery network would produce.

Read the whole (brief) post to get Robb’s full argument, which is a plausible one.

Perhaps the FAA is motivated more by inertia and typical bureaucratic risk-aversion than by any sophisticated consideration of the likely downstream societal effects of drone development.

The FAA’s proposed regulations would mainly affect commercial drone users who would probably be constrained by liability in any case. The pilot-license requirement makes little sense except to restrict entry into the market and as a means of tracking users. These regulations are not going to be easily enforceable. Maybe the FAA is being driven in part by lobbying from airlines and police agencies. Overregulation will incentivize the development of quiet drones, camouflaged drones, miniature drones, RF-shielded drones, autonomous drones that can fly programmed courses without radio control, etc.

Big companies that can game the political system will get drones. Governments will get drones. Hackers, criminals and terrorists will get drones. Small and mid-sized businesses will pay up for approved outsourced drone services or will go without. The availability of liability insurance to cover drone-caused damage may be a significant issue.

Someone wrote that operating a drone should be like owning a dog: minimal formal regulation, ad hoc restrictions based on local conditions, and liability for damages. That seems about right.

We shall see what happens. At this point I’m more concerned about the FAA than about caltrops.

State of the Disunion

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Here we are, in the first week of the last month of 2014, and by way of good cheer, I can say that things haven’t descended quite so far into the Four Horsemen of the Apocalypse territory pestilence, war, famine and death as I had feared some two or three months ago, when Ebola was all the rage in news. People are still falling sick to it, of course, but curious that such news is no longer in the News, capital-N News, run by the professional news-gatherers, whose motto and mission does seem to be comforting the comfortable and afflicting the afflicted. Funny old world, that.

Still, certain elements of the current scene do give cause for alarm. Not new alarm, but just the same old abiding fears which spurred me to begin writing books to persuade readers of the virtue of the grand American experiment and to refit the kitchen pantry closet to allow storage of mass quantities of staple foods. At the age of 60-something, I appear to be turning into my grandmothers, one of whom conserved a box of Ben Hur brand cayenne pepper over several decades until it was nothing more than some rusty-red dust, and the other of whom had a two-year supply of on-sale-purchased canned food stashed in the garage. I am trying to advance on my grandmothers’ example, though since I have a vacuum-sealer and freezer. I do wish that I had somehow managed to get ahold of the ancestral can of cayenne pepper; it’s probably valuable now as an antique for the container, if not the rust-red pepper dust therein. Enough for pestilence and famine what about those oldie-but-goodie standbys, War and Death?

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What is going on with Ferguson, MO ?

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The Grand Jury gas returned a “no bill” in the case of the Policeman Darren Wilson and the riots have erupted as anticipated. We still have silly demonstrations around the country. Even interrupting Christmas tree lighting.Why ?

I have been following this all along, and even see some merit in some of the resentments of the black residents. That does not excuse rioting, of course.

We know a lot more about what happened now and it does still not explain why this continues today. A lot of what is happening just doesn’t make sense.

Here is one possible explanation.

SO WHY ALL THE FERGUSON HOOPLA? Last time the Dems and Sharpton made a big deal of a shooting, it was the Trayvon Martin case, hyped to keep up black turnout for 2012. But now there’s not an election. So why Ferguson, and why now? Polling indicates that most people aren’t all that sympathetic, and protests that tie up Interstates, etc. aren’t going to attract swing voters.

So why now ?

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Obama’s Amnesty

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I am not happy about Obama making his speech about amnesty and defying the GOP newly elected Congress to do anything about it. However, there is less here than it seems.

First: And to those members of Congress who question my authority to make our immigration system work better or question the wisdom of me acting where Congress has failed, I have one answer: Pass a bill. I want to work with both parties to pass a more permanent legislative solution. And the day I sign that bill into law, the actions I take will no longer be necessary.

king obama

I don’t believe him but the GOP could do worse than assume this is true. The next steps would be to take actions assuming he was not lying.

Obama clearly wanted to make himself look like the compassionate actor in this debate, and Republicans the heartless, cruel nativists. Instead of trying to fight that battle, make Obama own it and bypass it for the real battle the GOP wants to win on border security. Make Democrats vote against a border security bill, and make Obama veto one while his own amnesty remains in place.

Not everybody is willing to accept this as a phony gesture which I think it is.

When President Obama announces that he will be suspending laws to bless the illegal presence of millions of foreigners in the United States, he will have adopted the most basic philosophy of John C. Calhoun: some laws can be tossed aside because his ends justify the lawlessness.

I don’t trust Obama’s intent but I think he is a fool and did not plan this correctly, or else chickened out. There is more interesting comment at Powerline today.

Procedurally what happens is an undocumented person applies for ‘deferred action’ and then after receiving this ‘quasi-status’ he/she is eligible for work authorization.

See the last paragraph on page 4 of this key memo: “Applicants must file the requisite applications for deferred action pursuant to the new criteria described above. Applicants must also submit biometrics for USCIS to conduct background checks similar to the background check that is required for DACA applicants. Each person who applies for deferred action pursuant to the criteria above shall also be eligible to apply for work authorization for the period of deferred action, pursuant to my authority to grant such authorization reflected in section 274A(h)(3) of the Immigration and Nationality Act.”

I still think the Republicans can trump this with real reform. Then they can send a bipartisan bill to Obama and see if he vetoes it. That Powerline post also emphasizes that Silicone Valley is pushing this and that explains their support of Obama.

How many Senate Democrats would be willing to sustain that veto before the 2016 election? I’m betting not too many. But Republicans have a perfect opportunity to turn the debate in that direction now and force Obama and his shrinking number of allies on Capitol Hill to go on the record.

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When Law Yields to Absolute Power (rerun)

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(I should have included this post in my Theme roundup on totalitarianism and the fully politicized society. It’s important enough, I think–especially in our current circumstances–to be worth putting up as a stand-alone rerun post.)

Almost five years ago, I reviewed the important and well-written memoirs of Sebastian Haffner, who grew up in Germany between the wars. I think the state of affairs in America today makes it appropriate to re-post some excerpts from the review and from the book.

In 1933, when Hitler became Chancellor, Haffner was working as a junior lawyer (refendar) in the Prussian High Court, the Kammergericht. He was comforted by the continuity of the legal process:

The newspapers might report that the constitution was in ruins. Here every paragraph of the Civil Code was still valid and was mulled over and analyzed as carefully as ever…The Chancellor could daily utter the vilest abuse against the Jews; there was nonetheless still a Jewish Kammergerichtsrat (high court judge) and member of our senate who continued to give his astute and careful judgments, and these judgments had the full weight of the law and could set the entire apparatus of the state in motion for their enforcementeven if the highest office-holder of that state daily called their author a ‘parasite’, a ‘subhuman’ or a ‘plague’.

In spring of that year, Haffner attended Berlin’s Carnivalan event at which one would find a girlfriend or boyfriend for the night and exchange phone numbers in the morning…”By then you usually know whether it is the start of something that you would like to take further, or whether you have just earned yourself a hangover.” He had a hard time getting in the Carnival mood, however:

All at once I had a strange, dizzy feeling. I felt as though I was inescapably imprisoned with all these young people in a giant ship that was rolling and pitching. We were dancing on its lowest, narrowest deck, while on the bridge it was being decided to flood that deck and drown every last one of us.

…..

Though it was not really relevant to current events, my father’s immense experience of the period from 1870 to 1933 was deployed to calm me down and sober me up. He treated my heated emotions with gentle irony…It took me quite a while to realize that my youthful excitability was right and my father’s wealth of experience was wrong; that there are things that cannot be dealt with by calm skepticism.

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