Libertarianism: attractive, but ultimately flawed – Part 1

It is not without merits, but the pragmatist in me can’t see it working in practice

Libertarianism – it’s an ideology that has its merits. It’s one of those things that I love in theory, but know I’d be disappointed with in practice. A good dose of small state with a great dollop of trusting people to live their lives as they see fit, so long as they do not infringe on the rights of others. What could be more conducive to a happy, healthy and free society?

Well then, let’s have a brief look at Libertarianism. It is defined on Wikipedia as seeking to “maximise political freedom and autonomy, emphasise freedom of choice, voluntary association, and individual judgement” Libertarians “believe in individual rights and share a scepticism of authority and state power”.

All of which sounds great. But the key words for me are ‘maximise’ and ‘scepticism’. This implies to me that we cannot have complete political freedom or autonomy, nor can we totally dismiss the role of the state. So, whilst I would generally align myself with these stated aims, it becomes a matter of where along those axes you draw the line. And, if I may borrow and adjust a quote from Joey, to most pure Libertarians, ‘you can’t even see my line – my line is a dot to you.’

The state should not interfere in the freedoms and liberty of people unless there is a very good reason to do so

I tend to believe that the state should not interfere in the freedoms and liberty of people unless there is a very good reason to do so. ‘Very good reason’ is the space in which the conversation needs to happen. One person’s good reason is another person’s tyranny.

Strident Libertarians would have it that laws such as the smoking ban or the recent legislation limiting Fixed Odds Betting Terminals (FOBTs) are outrageous interferences in the liberty of the inhabitants of Great Britain. The principles of small state limited government, freedom of choice and autonomy of the person would dictate that these laws are grotesque and not required in a society that ought to allow its citizens to smoke and gamble as much or as little as they please. And yet most of us can see the good reasons for these laws.

Taking the smoking ban for a start, if we were to strictly adhere to the Libertarian ideal, people ought to be able to smoke whenever and wherever they like. But it is perfectly clear that doing this doesn’t just affect them. I won’t go through the ins and outs of the effects (or lack thereof) of passive smoking, because that’s only part of the point. Suffice to say that restaurants, bus stops and Anfield stadium have become much more tolerable places to breathe since the ban. But then, as a non-smoker, I would say that.

I’m not in the least saying that people shouldn’t smoke. That is absolutely for each individual to decide for themselves. I also think the ban is starting to go too far and is unnecessarily embarrassing and shaming people who do smoke. The images on the packaging are quite intolerable (yes, I know that is the point) and the prices artificially ridiculous due to tax pressure. These things always affect the poor the most, and this should be taken into account when forcing such laws through Parliament.

But this is where the conversation happens. I can’t imagine a situation where pure ideology makes you either for the complete banning of cigarettes, which are in mass use, or for the complete and untrammelled freedom to infringe on everyone else’s space with your choices. So we need to discuss where the line is.

Let’s take the other example mentioned – the reduction in the amount any person can gamble on a FOBT has been reduced from £100 to £2. That may sound draconian, until you realise this amount of money is the stake that you can wager every twenty seconds. These machines, wherever they are, can suck up thousands and thousands of pounds.

The passing of this law prompted the Spectator columnist, editor of Spiked and staunch libertarian, Brendan O’Neill to complain that the ‘snobs had won‘ the battle over FOBTs. Now I don’t mind Brendan – sometimes he speaks complete sense, other times absolute wham. This feels much more like the latter.

What I do like about him is that he defends the working classes, the poor and the Northern against the horrible caricatures that can so often be painted in national media. He hates paternalism and nanny state-ism, as do I to a large extent.

The state can be overly paternalistic and better off people can have a snooty way of discussing anyone who doesn’t live in a comfortable neighbourhood and vote Remain…

But taking some lines from his piece, it feels much more like ideology than practical politics.

“I know people who frequent betting shops, mainly to bet on horses, and they will occasionally spend 10 or 20 quid on an FOBT if they’re bored. I expect that’s how the majority of FOBT-users engage with these machines.”

Great – then they won’t be affected by this then will they? They can still gamble their 10 or 20 quid. And the majority of users, I’m sure, do just use them for this purpose. But what about the minority who don’t? I’m not going to get into ‘addiction’ and what that word actually means in theory or practice, but the simple fact is that people can and do sit at these machines and watch their money disappear at a ferocious speed.

“A few years ago the Guardian sent a reporter to Slough — you know things are bad when the Guardian is willing to enter Slough — to investigate FOBTs. She watched in horror as people’s ‘£20 notes disappeared into them’. Yeah, well, I’ve watched in horror as impeccably middle-class people have queued for hours to get into some hip new restaurant and proceeded to spend £40 on glorified hotdogs and dirty chips. We all do stupid things with our money.”

Apart from the nice little dig at the Guardian, which seems to me to be an accurate summation of Guardian attitudes, the difference here is surely obvious? Endless £20 notes going into a machine (which, remember, can take £100 every twenty seconds) is not the same as a very silly (but probably well off) person overpaying for poncey food.

He writes well and much of this piece is persuasive. Whilst I back the legislation, I often recoil at the tone in which the topic is discussed. I agree that the state can be overly paternalistic and better off people can have a snooty way of discussing anyone who doesn’t live in a comfortable neighbourhood and vote Remain. All the same, I think restricting the amount you can put into these machines isn’t really harming anyone expect the gambling industry – you can still use the machine, you can still see the flashing lights and the spinning wheels, if that’s your thing. You’re just losing less each time.

The other big aspect of Libertarianism – an unshakeable faith in the power of the market no matter what – is something that is attractive, but not without its faults. I’ll come back to this in Part 2.

I’m all for reducing the power and influence of the state. It is too often creeping into our lives where it isn’t needed or welcome and it treats far too many people like they need to be saved and looked after. But it has its place.

The theory of Libertarianism is exactly how I would love the world to be. Alas, the world wouldn’t work like this in practice. It’s a shame, but we have to be pragmatic about these things.

If only hardcore Socialists took the same view…

The best thing about the EU? GDPR

The General Data Protection Regulation is an important step in the right direction

In that ridiculous, stupid, constitutionally redundant, binary, idiotic Cameron referendum, I voted Leave. I’m no fan of the EU or its institutions, but that was never to say that everything it does is wrong. I firmly believe that the UK should leave it, and I have never wavered on that enough to change my mind, but there are doubtless some good things about it.

I’ve no intention to rerun the arguments, or provide a defence of my position here – I did all that at the time and it’s become intensely boring. Being attacked for it is no fun, especially from the side of the political divide that is supposed to be nice, tolerant and espousing a ‘kinder, gentler politics’. But that’s what happens. You learn to live with it.

This post is to praise one of the truly great things the EU has pursued – the ‘General Data Protection Regulation‘, or ‘GDPR’.

GDPR has been variously described as ‘the Data Protection Act on steroids‘, ‘severe‘ and ‘the biggest change to the regulatory landscape of data privacy’. It is a behemoth of a piece of legislation and has put the proverbial willies up everyone who does anything with personal data.

Ironically, the one thing that I think is great about the EU is the one thing that my lefty, Remainer friends are much more flustered about. It hasn’t gone down too well in my industry, where it is causing quite the headache for all involved or affected. It means a huge change in thinking, a completely different approach to data collection and retention and, most importantly of all, puts control of personal data firmly back in the hands of individuals.

To give a quick overview to what is an enormous, technically complex law, it allows individuals to gain control over their data and what happens with it. It may sound dry and boring, but I can assure you, it is an important step in the right direction.

Here is a list of some of the key points:

  • It applies to all companies processing the personal data of data subjects residing in the European Union, regardless of the company’s location.
  • Under GDPR, organisations in breach of GDPR can be fined up to 4% of annual global turnover or €20million (whichever is greater).
  • Consent must be clear and distinguishable from other matters and provided in an intelligible and easily accessible form, using clear and plain language. It must be as easy to withdraw consent as it is to give it.​
  • Breach notification will become mandatory in all member states where a data breach is likely to “result in a risk for the rights and freedoms of individuals”. This must be done within 72 hours of first having become aware of the breach.
  • Data subjects will have the right to obtain from the data controller confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, the controller shall provide a copy of the personal data, free of charge, in an electronic format.
  • The right to be forgotten – this entitles the data subject to have the data controller erase his/her personal data, cease further dissemination of the data, and potentially have third parties halt processing of the data.

That’s right – these guys aren’t messing around.

As I mentioned before, most people working in my industry (digital) are in a right flap about this. There are so many practices that are either going to have to stop, or be changed radically. Retro-fitting of websites, apps and online portals with new tools to ensure compliance with GDPR is happening at the moment (and if it isn’t, they’ll be in trouble).

But to be honest, whilst everyone loses their heads, I’m absolutely loving it. This is what needs to start happening. It has been 4 years in the making and, in my opinion, it’s all been worth it. Yes, we’re all going to have to make some changes. But these changes are intended to level the playing field and tip the balance back away from large, powerful, secretive (not any of my clients, obviously), companies and towards individuals. We simply cannot continue the way we have been – technological advancement has outstripped legislation at a pace that has allowed all of us to be swept up by it all, without adequate protection.

We have just had the result of a Guardian investigation that has provided revelations into ‘Cambridge Analytica’ – it’s still going, and it looks like it will be one of the biggest scandals the digital world has ever seen. This should make people wake up and realise just what happens with their data. That old adage ‘if you’re getting something for free, then you’re the product’ has never been more true. We’ve all known that our data is being used, but the extent of it should worry us.

Credit where it is due – the EU deserves a lot of praise for this legislation. It is comprehensive, meaningful and serious. It will be in force before we officially withdraw from the Union, and frankly it won’t make much difference anyway as the regulations cover any data held about EU citizens. America and Japan will have to abide by this as much as we do if they’re holding or processing personal data about EU citizens.

If you think it sounds draconian, consider this – you will be put in the driving seat, and large companies are scared of it. That alone should give you an indication that we’re finally heading in the right direction.