The Curse of Bigness

 

TIMEMagazine19Oct1925
A portrait of Louis Brandeis on the cover of Time magazine on October 19, 1925.

Before he was an associate justice on the Supreme Court of the United States from 1916 to 1939, Louis Brandeis was a progressive lawyer fighting the big monopolies, or trusts, of Gilded Age America. He termed the corrosive effect on democracy of unrestrained business practices “The Curse of Bigness”, and after he joined the Supreme Court he maintained his interest in restraining business interests from trampling the rights of ordinary citizens.

Now President Biden has appointed Lina Khan to the chair of the Federal Trade Commission, and her appointment signals a return to the principles of Louis Brandeis. Lina Khan is an antitrust lawyer and legal scholar who, as a student at Yale Law School in 2017, wrote an article called Amazon’s Antitrust Paradox. The article drew widespread attention for her ideas about how the conventional wisdom of the past 50 or so years regarding regulation of the marketplace based on consumer prices no longer applied in the age of Amazon, a company willing to engage in predatory pricing and use vertical integration in order to stifle competition and monopolize the marketplace.

A profile of Lina Khan in Time from October 17, 2019.

 

Prior to Ms. Khan’s appointment, another antitrust lawyer and legal scholar, Tim Wu, joined the Biden administration as a Special Assistant to the President for Technology and Competition Policy on the National Economic Council. Mr. Wu is known for helping to write the first network neutrality rules in work for the Federal Communications Commission in 2006. In 2018, he wrote The Curse of Bigness: Antitrust in the New Gilded Age, a book which paid homage to Louis Brandeis and his antitrust work of the Progressive Era.

Climate strike (49534187193)
A Climate Strike protester with an anti Bezos sign in London on February 14, 2020. Photo by Flickr user Socialist Appeal.

With these two people now in key positions in the federal government, perhaps efforts to rein in, or even bust up, big technology companies such as Amazon, Google, Apple, Facebook, and Microsoft, will finally be undertaken seriously and with persistence. In the past, these Big Five technology companies have largely escaped with slaps on the wrist after fitful investigations into their practices.


Supreme Court Justice Ruth Bader Ginsburg answered questions from Brandeis University students at an event in January 2016 commemorating the 100th anniversary of Louis Brandeis being nominated to the Supreme Court by President Woodrow Wilson.

 

As Louis Brandeis understood, and as is apparent from the writings of both Lina Khan and Tim Wu, setting regulatory boundaries for these behemoth businesses not only ensures they act fairly in the marketplace, but protects democracy from their tendency to squash individual liberties when they conflict with their self-interest. And the bigger and less competitive these companies become, the more their self-interest consumes everything in their vicinity, like a beast that can’t stop growing and must swallow anything in its way.
β€” Techly


An unofficial remix of the 2021 songs “Bezos I” and “Bezos II”, written and performed by Bo Burnham for his album and Netflix special, Bo Burnham:Inside. Warning: foul language.

 

There’s a Term for That

 

Hypocognitiona term from psychology and linguistics meaning the inability to discuss or process a concept because of the lack of a word or words for it.

“Phubbing” is a portmanteau made up of “phone” and “snubbing”, and it describes the act of looking at one’s phone (presumably a smartphone) in order to avoid interaction with another person. It’s nearly always a rude action, and it can be dismissive and disrespectful when the phubber employs it to imply that whatever might be displayed on the phone’s screen is more interesting than the person in front of him or her. It’s a term that didn’t exist – and couldn’t have existed – before smartphones became ubiquitous.

 

People appear to have an ingrained reverence for the immediate demands of technological devices. Before smartphones, extricating oneself from an unwanted interaction in public meant having to invent excuses, such as an urgent appointment. Burying one’s interest in a book has never worked as well in closing off conversation as getting a phone call or even just looking intently at a smartphone’s screen. People will stop everything for someone who is on the phone, or nowadays only looking at one.

The meeting place - Paul-Day - dΓ©tail du bas relief
Detail of The Meeting Place, a 2008 high relief sculpture by Paul Day, on the concourse of St. Pancras train station in London, England. Photo by Patrice78500.

The concept of using one’s smartphone to rudely dismiss another person now has a name, “phubbing”, and therefore no longer falls into the category of hypocognition. There are numerous other fuzzy concepts that still qualify as hypocognition, at least for some people. The two groups at either extreme in their reaction to the coronavirus may be engaged in hypocognition, each of a different kind. There are the people who refuse to take public health measures seriously, and so endanger everyone; and there are the people who have allowed their fears to so intimidate them that they have imposed some unnecessary burdens on the rest of society in order to help them assuage those fears, as if they were unaware that everything in life carries an element of risk.

And then there is the matter of white privilege. African-Americans understand the concept of white privilege because they have to cope with its consequences throughout their lives. Most Caucasian-Americans do not grasp the concept because they swim in the currents of white privilege every day. It is the medium that envelopes them, and they cannot see how it protects them from the same dangers and insecurities faced by their African-American neighbors.

For example, say a white man is out jogging through a largely black neighborhood. This particular neighborhood is undergoing gentrification, by which everyone understands houses owned or rented by mostly poor blacks are being bought up cheaply by better off whites and then inhabited by them. The white jogger is new to the neighborhood, part of an influx of people who can afford nice things, and whose clothes generally reflect their status. But most folks would give this jogger a pass even if he wore old clothes with holes and tears for his exercise. No one in the neighborhood, black or white, suspects the white jogger is up to anything other than jogging.

Carl Reiner and Mel Brooks discuss the origins of some concepts in this clip from a portion of their ever changing 2000 Year Old Man improvisational comedy routine. This 1967 appearance is from the television program The Colgate Comedy Hour. Comedian Dick Shawn introduced them. R.I.P., Carl Reiner (1922-2020).

Now take the same circumstances and flip them 180 degrees, with a black man jogging through a largely white neighborhood. The black man lives in the neighborhood, and thus people don’t consider he has any gentrifying influence, no matter whether the neighborhood is working class or upper middle class. The black jogger wears neither very good nor very bad clothes for his exercise. All other factors being neutral, he’s just a black man out for a run through a white neighborhood. Think about what might happen. The black jogger does, all the time. The white jogger in the other neighborhood, he never has to consider the possibility of something bad happening to him, simply because of who he is. That’s white privilege.
β€” Techly

 

Like Talking to a Brick Wall

 


The First Continental Congress of the American Colonies sent a petition to King George III on October 25, 1774, requesting he redress their grievances against the British Parliament related to the Coercive Acts passed in response to the Boston Tea Party of December 16, 1773. The king ignored the petition, and consequently the colonists’ march toward revolution picked up momentum over the next year, resulting in the beginning of hostilities in the spring of 1775. Petitions were the primary recourse of the American Colonists in dealing with their British rulers across the Atlantic Ocean since they had no official representation in Parliament, hence the slogan “No taxation without representation.”

The nation’s founders regarded the right to petition the government as so essential to a free society that they included it in the First Amendment, adopted in 1791. They made the right explicit despite the reality that citizens of the United States, unlike colonists under the British Empire, had official representation in the government. James Madison, who was largely responsible for drafting the Bill of Rights, understood that while the people had representation in government, their representatives may not be responsive to the wishes of all the people, and that therefore the people required another, independent outlet “for a redress of grievances.”



The unresponsiveness of government representatives to the people has rarely appeared as evident as it does now, when it seems representatives are responsive mostly to the wishes of corporate contributors to their election campaigns. Polls do not necessarily give lawmakers an accurate idea of how some of their constituents are feeling about issues because responding to pollsters is a passive response to a pollster’s sometimes tailored questions. Poll sample sizes are also often ludicrously small on account of the expense and difficulty of polling. Pollsters claim they conduct their surveys based on well-researched principles in order to achieve accurate representation from small sample sizes, but there are plenty of examples to cite in demonstrating that taking polls is as much art as it is science, and not at all infallible. For one example, look at how inaccurate the polling was in several key Rust Belt states in the weeks before the November 2016 presidential election.


Mrs Emmeline Pankhurst, Leader of the Women's Suffragette movement, is arrested outside Buckingham Palace while trying to present a petition to King George V in May 1914. Q81486
Emmeline Pankhurst, leader of the Woman’s Suffragette movement in England, arrested outside Buckingham Palace in London while trying to present a petition to King George V in May 1914. Photo from the British Imperial War Museum.


Signing a petition is an active measure taken by citizens numbering in the thousands or millions, as opposed to a select few hundreds or thousands responding passively to a pollster. Citizens mostly seek out petitions on their own initiative, or are made aware of them by friends or family, or by reading the news. The relative ease of signing a petition online, compared to signing one circulated door to door, does not discount that people are participating in the political process instead of waiting for someone to ask their opinion. The distinction is not a small one. Yes, physical participation in a protest weighs far more than signing an online petition in getting the attention of government leaders and the society at large, but an online petition nonetheless demonstrates that the people signing it are paying attention. Numbers have always given weight to petitions, and in the internet age it is possible for millions of people to make their wishes known to their representatives within days of a petition’s first appearance.

The petitions currently circulating urging United States House of Representatives legislators to impeach the occupant of the Oval Office are an excellent demonstration of the need of the people for an outlet to make their wishes known to their government. To anyone paying attention honestly to developments originating from the White House since January 2017, it has long been obvious that impeachment and conviction of the current president would be necessary sooner or later to uphold the rule of law. The nation’s legislators, however, always conscious of political calculations and of the interests of their big money donors, have been dragging their feet to avoid having to put themselves on the line in upholding the oath they took to preserve and defend the Constitution.

Captain Queeg, the character played by Humphrey Bogart in the 1954 film The Caine Mutiny, was obviously unstable, but nonetheless discharging him from his command was quite difficult because the captain of a vessel at sea is by necessity an autocrat whose authority is fully backed by a nation’s institutions. For all that, Captain Queeg was not a corrupt grifter with contempt for democratic institutions and a sneering disregard for the norms of civil discourse, and in comparison to the offenses of the current president, Queeg’s official transgressions were minor.

In other words, members of Congress have a constitutional duty to impeach this president for high crimes and misdemeanors he has engaged in too obviously for them to ignore any longer. Whether he will be convicted in the Republican-controlled Senate is anyone’s guess at this point. It probably depends on whether political calculations indicate to at least a few key Republican senators that the time has come at last to throw the president over the side, at which point many of the rest will scramble to get on board.

If millions of American people had waited politely for a pollster to ask them if impeachment was necessary, instead of taking matters into their own hands and petitioning their representatives, Congress might still be dithering, possibly all the way up to Election Day 2020. The current president may not get convicted in the Senate and removed from office before then, but it’s important that public hearings in Congress shine a light long enough and brightly enough on the corrupt and unethical practices of his administration that even the most disengaged voters will have to listen. A brick wall, no matter who constructed it, can keep people from hearing their government at work as well as keep government leaders from hearing the people, but now that representatives have finally listened to people engaged enough to petition them, it’s important that the rest of the populace listen honestly to the arguments for impeachment, and honest engagement requires more than checking an often lopsided Facebook news feed, a far sloppier way of exercising one’s civic duty than signing an online petition.
β€” Vita

 

Between Friends

 


Where were you when the Allies stormed the beaches of Normandy on June 6, 1944? Were you only a glimmering in your parents’ brains?

 


Where were you when the Battle of Khe Sanh began on January 21, 1968? Were you nursing the bone spurs in your heels that would eventually earn you a medical deferment from the draft? Or were you awaiting a pilot’s commission in the Texas Air National Guard?


Refugee child drawing
A drawing made by a refugee child, formerly resident in Pristina, Kosovo, depicting his horrific experiences in the Kosovo War in 1999. The drawing was taped to a wall in the Brazda refugee center in Macedonia. Photo from the U.S. Department of State and NATO.


Where were you when the United States and its allies launched the invasion of Iraq on March 20, 2003, beginning an unnecessary war that would spiral the entire region into chaos? Were you looking under furniture for weapons of mass destruction, something you would joke about later?

Where were you when the world learned in April 2004 that American soldiers had been torturing prisoners at Abu Ghraib prison? Were you throwing a few “bad apples” under the bus, rather than acknowledging a culture of cruelty encouraged from the top down in the chain of command? Or were you busy making the first year of your daytime television talk show a success? Or were you occupied with creating an illusion of yourself as a successful and hard-nosed, but fair, businessman on the first year of your television reality show that was more fiction than reality?

Dire Straits performs “The Man’s Too Strong” in concert at Wembley Arena in London, England in June 1985 during their Brothers in Arms tour.

Where were you in 2008 after conservatives had used the wedge issue of gay marriage four years earlier to whip up the ire of homophobic reactionaries and send them to the polls in just enough numbers to make it possible for the Republican candidate to steal another presidential election? Were you getting married? What does your friend, the Republican presidential candidate, have to say about that now? Is he against gay marriage only when it suits political expediency?

Where were you in August 2016 when the Turks made their first incursion into the Kurdish zone of Syria, where the Kurds had been America’s ally in the fight against the Islamic State in Syria (ISIS)? Were you listening to what the Russians had to say about your Democratic opponent in the presidential election, a practice you appear to have made into a habit since then as you extort other countries to get them to investigate your political rivals?

And where were all three of you when the brains were being passed out? It’s nice for people to have friends, but some friends are not worth having, such as a narcissistic sociopath or a war criminal, both of whom have proven time and again they look out only for themselves, and maybe their cronies as well. And in the sense of cronyism, a crony is not a true friend. And a friend may be a “sweet man” in private, but that shouldn’t shut out all the harm he’s caused in the world. Millions of Iraqis and Kurds may reflect on the old saying that “with friends like these, who needs enemies?”



β€” Vita



David Gilmour, best known as the lead guitarist for Pink Floyd, performs the Pink Floyd song “Coming Back to Life” with a new band backing him in a concert at Pompeii, Italy in July 2016.

 

Coloring Within the Lines

 

To maintain the integrity of a supplied drawing, people usually color as much as they can within the lines. Some people use crayons, while others use markers or pens. When it comes to using electromagnetic spectrum in the United States, the National Telecommunications and Information Administration (NTIA) is in charge of allocating bands within the spectrum and making sure everyone stays within their specified lines. The NTIA does its work within the Department of Commerce.

 

The Department of Commerce also oversees the National Oceanic and Atmospheric Administration (NOAA), which in turn oversees the National Weather Service (NWS). Independent of all these Department of Commerce agencies is the Federal Communications Commission (FCC), which regulates the parts of the spectrum allocated for its oversight by the FTIA, such as radio, television, and cellular phone frequencies. Beginning late last year, the FCC has been auctioning spectrum to mobile phone companies for them to use in their 5G networks. When the FCC auctioned off spectrum in the 24GHz (gigahertz) band, they raised alarm within the NOAA since that agency uses the 23.8GHz band in its weather satellites to measure water vapor in the atmosphere, a key component in its ability to forecast the weather.

January 2016 Spectrum Wall Chart
This image of an outdated January 2016 Spectrum Wall Chart from the NTIA is only useful as an overview of just how tightly packed bandwidth allocation is in parts of the spectrum, based on the jumble of colors. For a better view, download a PDF (Portable Document Format) of the chart from the NTIA website, though even then it can be a strain on the eyes without higher magnification.

Now anyone who has ever manually tuned a radio receiver with a dial knows the radio stations do not stay exactly within their spectrum lines at all times, and depending on the power of the transmitters the different stations use and atmospheric conditions and the varying state of the ionosphere, some stations can occasionally push into the territory of other stations. That is what worries NOAA administrators about the 24GHz band proposed for 5G use by mobile phone companies and their man in the FCC, Chairman Ajit Pai. NOAA administrators believe 24GHz is too close for comfort and may occasionally interfere with its use of 23.8GHz, which it cannot change because it is determined by the physical law of water vapor’s behavior. They believe the interference could cause as much as a 30 percent drop in forecasting efficiency, akin to stepping back in time to 1980.

This inter agency squabble isn’t even necessary, it turns out, because if the FCC and American mobile phone companies followed the European model for ensuring minimal interference with weather satellites, they would simply add greater restrictions to the transmitting power of 5G antennas in the higher bandwidths and rely more extensively on mid-range bandwidths that are not only better for 5G transmission, but also safely removed from the vicinity of crucial weather data transmissions.

A May 2019 news report from Sky News in London, England.

There will be a World Radiocommunication Conference in Egypt in October and November, where attendees will set international standards for 5G. Considering the attitudes and policies of the current presidential administration, the American delegation will probably resist the European model and go its own incautious way in order to serve the interests of the major telecommunications companies. It’s possible the American model may turn out fine eventually, but considering the drawbacks of being wrong, wouldn’t it be prudent to heed the concerns of weather forecasters, at least until more field testing proves without a doubt the safety of using the 24GHz band of the spectrum? To satisfy the greed of telecommunications executives and the desire of some smartphone users for faster loading Facebook feeds, is it worth having a hurricane drop in on us unexpectedly? A real hurricane, that is, not one drawn with crayons, however neatly.
β€” Techly

 

What’s It to Ya, Doc?

 

“It ill becomes us to invoke in our daily prayers the blessings of God, the Compassionate, if we in turn will not practice elementary compassion towards our fellow creatures.”
β€” Mahatma Gandhi (1869-1948)

Anyone who has ever been a vegetarian or vegan even for a short time has probably at some point encountered hostility from a meat eater, perhaps on several occasions from many different people. The experience can be baffling, particularly if the vegetarian or vegan does not make a big show of their practices. Self-righteous and preachy behavior can be annoying, certainly, but even when a vegetarian or vegan abstains from being a smug boor, some meat eaters will attack them as if they had been. A couple of recent news items help illustrate the innate hostility some people harbor for those who don’t adhere to mainstream dietary practices, even though it’s no one’s business but their own and the majority of them do not go out of their way to bother anyone.


Arby’s, an American fast food chain specializing in roast beef sandwiches, has come out with turkey meat processed to look like a bloated carrot, and in London two men have been found guilty of disorderly behavior after they ate raw squirrels in front of a vegan food stand. The actions of both Arby’s and the London squirrel eaters are obvious attempts to troll vegetarians and vegans, and their reasons for doing so say more about their own stunted mentality than anything else. Arby’s has for some time used an advertising slogan which proudly declares their enthusiasm for meat, and plenty of it. It is a fair guess that even if the political culture of Arby’s management is not necessarily right wing, they do assess their customer base as right wing, and trolling the perceived political correctness of their fast food competitors who have lately been offering vegetarian menu options is a good way to appeal to them.

Marzipan carrots for carrot cake
Marzipan carrots for carrot cake. Marzipan consists primarily of almond paste and sugar or honey, and vegetarians would partake of it, though if honey were in it, vegans would not. Photo by SKopp.

Like everything else in our society, there is a political division in people’s dietary choices. Vegetarians and vegans are mostly liberals. Other liberals who are meat eaters are more likely to react to alternative diets with indifference or polite curiosity. At any rate, most of them do not perceive vegetarians and vegans as threats. Not so political conservatives, particularly those with authoritarian leanings. The difference is so striking that it can almost be used as a reliable indicator of political beliefs: hostility to diets at variance with the mainstream is a good clue that a person might be right wing. Often these people will appoint themselves to keep an eye on vegetarians and vegans for backsliding, no matter how innocuous their target is about minding their own business and not actively posing a threat to them. If threats are not real, they will be imagined! We have met the enemy, and it is Them, the Others!

Nothing delights these self-appointed guardians of imagined societal standards more than catching a vegetarian or worse, a vegan (and therefore probably a liberal!) in an act of perceived hypocrisy, because then they can denounce the entire belief system and not be bothered anymore by any of its implications, such as cruelty to animals or environmental degradation. A problem ignored is a problem solved! Meat eaters who worry about the perceived sanctimonious behavior of non-meat eaters occasionally like to bring up the supposed fact of Adolf Hitler’s vegetarianism, as if the actions and beliefs of one ogre tarnish all vegetarians. That is like suggesting the beliefs and actions of all Christians are suspect simply because some white evangelical Christian leaders are terrible human beings.

In this Merrie Melodies cartoon from 1947, Bugs Bunny and Elmer Fudd are at odds with each other as always, and the cartoon finishes with action that for its time was considered normal.

It is interesting to note that in dealing with hostility from some meat eaters, non-meat eaters discover they can assuage the unease of their interrogators when they ask about the reasons for their choice by stressing the healthful benefits over the other issues. That approach is not entirely dishonest, since there are real benefits for human health in foregoing or at least restricting meat eating. The American diet of meat with nearly every meal is not the most healthful, nor is it the historical norm. Most Americans could stand to reduce their consumption of meat, and in doing so they would benefit their own health as well the health of the environment and the quality of life for billions of animals. It is interesting and sad to note that of the three primary benefits of an alternative diet, only the first sets well with right wing authoritarians, and only on account of selfish reasoning.
β€” Izzy

 

The Price Is Right for Somebody

 

And the Lord said unto Cain, Where is Abel thy brother? And he said, I know not: Am I my brother’s keeper?”
β€” Genesis 4:9, from the King James Version of the Bible.

Imagine a television game show in which the announcer calls four contestants from the studio audience to the foot of the stage, a stage that is a mock up of a pharmacy, with a counter behind which stands the host, looking like a pharmacist in a white smock. The host directs everyone’s attention to one side of the stage, where an assistant – also in a white smock – presents a year’s worth of a popular prescription drug, let’s say insulin. The host then asks the four contestants to guess the price of the insulin without going over the amount, and the contestant with the closest guess gets to come up on stage for the opportunity to win prizes.


A skeletal figure surveying three doctors around a cauldron, Wellcome V0010898
A lithograph promoting James Morison’s alternative medicines, showing a skeletal figure surveying three doctors around a cauldron in a parody of Macbeth and the three witches. From the Wellcome Collection gallery, London, England.

The remaining contestants try again on the next round, and some of them go home empty handed. Almost all the studio audience in attendance go home without even having been invited to participate. The few winners in each episode get to take home expensive prizes such as the year’s worth of insulin, valued at thousands of dollars, but the majority of those attending a taping of the game show go home with nothing or with a cheap consolation prize, such as a bottle of gummy vitamins. This game show analogy is not far off how Americans seem to prefer having their health care system operate, particularly drug pricing.

If you’re lucky, if you win the lottery (another gamed system Americans seem to prefer over taxing the rich), then you’re good as gold. The majority, however, may run into problems and tough choices, such as paying the rent or buying insulin; paying utility bills or buying any of the number of the life preserving medications people depend on, particularly as they get older. Prescription drugs are every bit as crucial to survival for some people as food and shelter, and yet Americans seem to prefer to let the drug industry operate like any other capitalist endeavor. Profits for drug manufacturers are more important than a decent life for an unfortunate number of citizens who can’t afford the high prices those manufacturers demand simply because they can, and the people principally to blame for this awful situation are some cretins in Congress.

“Someday Never Comes”, by Creedence Clearwater Revival from their 1972 album Mardi Gras.

Who are the people responsible for putting those cretins in Congress and in positions where they can run cover for the drug companies? Why, they are in large part the same people who struggle to buy overpriced prescription drugs. Why do they do this to themselves? Ah, that is the question bedeviling America’s sickness today. The unfortunate part is that while some voters are caught up in Congressional posturing and not paying attention to substance, there are many voters who don’t share their ignorant love of machismo and capitalist lotteries and yet are forced to share the results of the bad policies ensuing from all that greed and childishness. They have to scramble for the scraps left over from the game, while a few wealthy grifters laugh at how they have duped enough voters to go along with their rigged game to keep it going, dangling prizes before the willing saps. Instead of gambling on a rigged capitalist lottery, sensible adults take measures, even – horrors! – socialist measures, to ensure decent results everyday for everybody when it comes to matters of survival like food, shelter, education, and medical care, including drugs.
β€” Ed.

 

Cops and Robbers

 

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
β€” Eighth Amendment to the United States Constitution.

In a unanimous decision on February 20, the Supreme Court ruled against the state of Indiana in the case of Timbs v. Indiana, a ruling which effectively ends the notorious practice of civil asset forfeiture. The applicable clause in the Constitution is “nor excessive fines imposed”, and it’s a wonder the states have been able to get away with lawless civil asset forfeiture practices as long as they have, considering the clause seems plainly clear. Apparently the application of that particular right slipped through as long as it has because the country’s founders meant the Constitution to apply only to the federal government. The Supreme Court has been gradually redressing that error ever since, and on February 20 the Court closed the loophole by which police departments across the country had been stealing citizens’ property under state laws allowing the practice.


Ten Commandments altar screen in the Temple Church London
The altar screen of the Temple Church in London, setting out the text of the Ten Commandments according to the 1549 Book of Common Prayer. Photo by Jheald.

What’s most remarkable about this historic ruling is that it was unanimous. The Supreme Court’s balance is now five to four in favor of conservative justices, and typically when conservatives weigh law enforcement practices against the rights of citizens they have decided for the former. Considering what was at stake in this case, the miraculously unanimous decision speaks to just how corrupt policing for profit had become, and ending it slows the nation’s slide toward becoming a police state. Now police employees nationwide have to heed the Eighth Amendment to the Constitution as well as the Eighth Commandment which, carved in stone in Judeo-Christian culture, reads “Thou shalt not steal”.

They can make more progress by heeding other Commandments, too, such as the Sixth, a paraphrase of which states “Thou shalt not wantonly kill, and then have thy buddies on the force close ranks and cover it up for thee”. That last bit incorporates the Ninth Commandment against bearing false witness, saving time. What does all this have to do with technology? If the police can finally be made to start following rules that have been set in low-tech stone for millennia, perhaps moving along to rules for 21st century high-tech will follow, like whether the controversial practice of going on fishing expeditions to obtain DNA evidence violates citizens’ rights under the Fourth and Fifth Amendments to the Constitution. There are no equivalent strictures in the Ten Commandments. Perhaps the usual advocates on the Court for the police, the conservative justices, can rely on the Constitution alone and apply its plain as day language to the latest technology and once again vote unanimously for citizens’ rights.
β€” Techly

 

The Artist’s Rendering

 

“Render therefore unto Caesar the things which are Caesar’s; and unto God the things that are God’s.”
β€” Words of Jesus Christ quoted in Matthew 22:21, King James Version of the Bible.

Mona Lisa moustache
Leonardo da Vinci’s (1452-1519) Mona Lisa, with digitally added mustache. Derivative work by Perhelion.

 

This past Friday evening at a Sotheby’s art auction in London, the English graffiti artist Banksy remotely activated a shredder hidden within the frame of his painting Girl With Balloon moments after it had sold for one million British pounds. The lower half of the painting shredded, and there is some question now about the status of the sale and whether Banksy’s vandalizing of his own painting will render an even greater value for it.

Discussion of an artwork’s value outside of its aesthetic appeal is a reminder that for the rich who can afford to pay tremendous prices for art the value lies more in other, equally idiosyncratic, considerations than in its aesthetics. For the rich, art is an investment and a step on the ladder of social climbing. They may not find a particular piece they buy aesthetically appealing whatsoever. The essential thing is that enough other important people find an artwork appealing so that its value is driven up, checking off the boxes for high return on investment and an increase in high society credentials for its new owner. The artwork itself may languish in a warehouse after sale rather than go on private or public display.

 

The investment value of an artwork is, like money itself, largely artificial and sustained by the beliefs of the people who hold it or wish to hold it. No one can eat art, any more than they can eat money, nor can they grow food on it like they could on land, nor withdraw food from it as they might withdraw fish from the sea. It has no monetary value unless enough people believe it does. Aesthetic value, on the other hand, is almost entirely in the eye of the beholder, though some people may in their appreciation of art be too dependent on the opinions of “experts”. For an extreme case of wishful thinking brought on by peer pressure, look to the Hans Christian Andersen tale “The Emperor’s New Clothes”.

Titian - The Tribute Money - Google Art Project
The Tribute Money, a painting by Titian (1490-1576).

Before the Renaissance, art was for decoration of public spaces and the homes of the rich, and for religious instruction in places of worship since most people were illiterate and did not receive their education from books. The names of very few medieval and ancient artists have come down to us along with their works. That changed with the Renaissance, when artists such as Leonardo, Michelangelo, and Raphael acquired reputations beyond their immediate patrons among the rich and powerful. Note how we have come to know all three by single names, as if they were modern day celebrities. And it was the widening of cultural influence beyond the insularity of any one city-state’s walls during the Renaissance that allowed artists to break out of anonymity.

The international renown of a few popular artists such as Rembrandt was slow to build at first, and their artworks commanded modest prices by today’s standards. It is the international culture of today and the concentration of great wealth among an ever smaller percentage of the population that has enabled the explosion in high prices for the artworks of a relatively small number of well known artists. The last great jump in prices was roughly during the Gilded Age around the turn of the twentieth century, when a great concentration of wealth created a new aristocracy of capitalists.

In the 1941 film Citizen Kane, wealthy newspaper publisher and art collector Charles Foster Kane, modeled on tycoon William Randolph Hearst and played by Orson Welles, discusses his changing economic circumstances with his banker Mr. Thatcher, played by George Coulouris, and his longtime assistant Mr. Bernstein, played by Everett Sloane.

Now there is another concentration of wealth occurring, this time on a worldwide scale rather than limited to Europe and North America. Nothing has changed, of course: as always, the rich get richer. It’s the scale of wealth accumulation that has changed, and when artworks are selling for hundreds of millions of British pounds or American dollars, a mere million for a painting by anti-establishment artist Banksy is entry level stuff. The rich people sitting on mountains of the wealth of the world would not flinch at shredding a million pounds, and the irony of one artist’s rendering matters not at all to them as long as the artist’s growing fame increases their return on investment.
β€” Vita

10/8/2018 Update: Since last Friday, when Banksy’s Girl With Balloon partially shredded after being sold at auction for about Β£1,000,000, its value has increased by at least 50%, and may have doubled.

 

Timing Is Nearly Everything

 

Early autumn used to be the best time to sow seeds of cool weather grasses in most of the country, and early spring was the best time to sow seeds of warm weather grasses, primarily in the South. There were local variations on what kind of grass seed to sow where, and as always with gardening, rules of thumb were not carved in granite. Since the timing of early autumn and early spring vary around the country, it might be simpler to consider the Mid-Atlantic states as an example, where early autumn sowing was best between September 1 and October 15, and early spring sowing was best between March 1 and April 15.

 

In the twentieth century, much of the Mid-Atlantic region was in the United States Department of Agriculture’s (USDA) hardiness zones 3, 4, 5, 6, and 7. The southern part of the region was also in the transition zone for cool weather and warm weather grasses. Gardeners and landscapers typically planted both types of grass and sowed grass seed of both types in spring or fall as they preferred, though most found the greatest success with cool weather grass seed sown in the fall. That has all changed noticeably over the past 30 years and it is well past time for prudent gardeners and landscapers to adjust to the new climate.

F. W. Bolgiano, seedsmen have won confidence for ten years (16186099958)
F.W. Bolgiano, a grass seed company based in Washington, D.C., in the heart of the Mid-Atlantic region, recommended in their 1899 brochure sowing a blend of seed types in spring and autumn, though without specific details on the seeds or the timing. Photo scan from the digitized illustrations collection of the Biodiversity Heritage Library (BHL).

The USDA adjusted its hardiness zone map in 2012, moving all of them north from where they were in the 1990 map. The Mid-Atlantic is now covered by zones 4, 5, 6, 7, and 8. Gardeners being students of nature, they didn’t really need the USDA to tell them what was happening with their plants and how things had changed. Still, it can be hard to set aside old habits tied to the calendar, such as sowing and planting times. Adjusting to changes in the types of plants that will do well in a particular area is also difficult and can take some getting used to, but people must adjust or they will see their time and efforts wasted on planting the wrong plant in the wrong place at the wrong time, rather than doing the opposite as good practices have always dictated.

Farmers know this because their livelihood depends on it. Professional landscapers are beginning to understand it as well, though in many cases they perform their work on behalf of well-to-do clients who don’t necessarily care about taking a loss on forcing a favored plant to survive. The landscapers themselves need to operate at a profit, but their clients may not mind throwing good money after bad in keeping a zone 5 plant alive in what has become a zone 6 environment. Home gardeners typically don’t have such resources, and often have better sense. For years they sowed seed of tall fescue, a cool weather grass well suited to Mid-Atlantic growing conditions, and they had success sowing it between September 1 and October 15.

Lawn Maintenance Sign At RHS Wisley Garden Surrey UK
Sign at the Royal Horticultural Society (RHS) Wisley Garden in the county of Surrey, south of London, England. Photo by Si Griffiths.

But not anymore. Now it is best to wait at least two weeks. Now the season lasts from September 15 to October 31. There may even be little harm in sowing grass seed right up to Thanksgiving in the southern portion of the Mid-Atlantic region. It could also be time to reconsider whether to keep up a cool weather grass lawn at all. Perhaps it’s better to plant Zoysia grass, or to let the bermuda grass take over, which it has been trying to do for decades now anyway, creeping into everything, especially in the heat of high summer, when the tall fescue faints in the hot weather without extra water to sustain it. Maybe now the favored time for sowing grass seed should be the early, early spring, from February 15 to March 31, and maybe that grass seed should be of warm weather grasses. Gardeners in the North who have friends and relatives in the South will have to ask those gardeners to pass along their rules of thumb for tending new plants in these new times.
β€” Izzy

 

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