Paul Samuelson on Freedom | David Gordon

Some economists are good at political philosophy as well. Mises and Rothbard of course come to mind, but the good philosophers aren’t confined to Austrian school economists. Amartya Sen and Kenneth Arrow know what they are talking about when it comes to philosophy, agree with them or not. But some eminent economists don’t, and, judging by Nicholas Wapshott’s new book, Samuelson Friedman (Norton, 2021), the most famous American economist of the twentieth century, Paul Samuelson, was not a philosophical giant. The book is a study of the Newsweek columns of Samuelson and Milton Friedman, and Samuelson doesn’t appear to have thought through philosophical issues very deeply. Friedman does much better, but I’m going to be talking only about Samuelson.

One of the clichés of anti–free market thought is the claim that human rights are more important than property rights. This is nonsense; property rights are rights of human beings to property. Samuelson accepts an extreme version of this cliché:

“The rights of property shrink as the rights of man expand,” he wrote. While some suffered because the government intervened in the market, an unfettered market had winners and losers, too, he argued. While the free market suggested that everyone was free to buy what they wanted, there was such a thing as rationing by price, which put many items well beyond the reach of those without the means. The children of those who could not afford good education, for instance, were deprived by the market setting too high a price. The “freedom” of individuals provided by the market was therefore only notional. (p. 80)

Samuelson has confused two different things. Suppose I would like to visit Paris but can’t afford an airplane ticket. I’m unable to do what I want, but no one is using force against me, or threatening to use force, to prevent me from going to Paris. I can’t go because I am unable to meet the price that the owner of the airplane has set for the use of its services. The situation would be quite different if I bought a ticket and government agents forcibly removed me from the plane. Samuelson could counter in this way: the distinction between being unable to do something because doing it requires the consent of someone else, which he declines to give, and to be forcibly prevented from doing something isn’t important. Nevertheless, there is a distinction, and Samuelson for the most part ignores it.

Indeed he soon makes even clearer that he doesn’t understand the distinction. “Samuelson saw prices merely as a means of rationing scarce goods…. Indeed, the deliberate raising and lowering of prices was often a means of guiding human behavior rather than following it. Throwing Friedman’s words back at him, Samuelson wrote, ‘libertarians fail to realize that the price system is, and ought to be, a method of coercion’” (p. 80).

There are, though, some indications that he acknowledges the distinction, but just doesn’t see why coercion, as libertarians understand it, is bad. “And even…

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EPIC Joins Call for Privacy Reform from Indian Government

EPIC Joins Call for Privacy Reform from Indian Government

EPIC has joined with several international privacy and human rights advocacy groups in a statement calling for privacy reform in the wake of allegations that the Indian government used Pegasus to surveil activists, journalists, and opponents. The statement highlights the fundamental right to privacy established under both the Indian Constitution and international human rights law, condemns the illegal use of spyware, and calls for (i) an independent investigation into allegations of Pegasus use; (ii) surveillance reform ensuring independent judicial oversight and providing for judicial remedy; and (iii) establishing a data protection framework that will respect privacy rights. EPIC has previously filed suit against the U.S. Department of Homeland Security to obtain records of a system designed to surveil journalists⁠—the surveillance effort was subsequently suspended. In addition, EPIC has previously joined coalition letters calling for surveillance reform within the U.S. and has testified before Congress regarding the risks of commercial spyware.

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Federal Trade Commission Refiles Facebook Antitrust Lawsuit

Antitrust competition facebook Federal Trade Commission FTC WhatsApp

Federal Trade Commission Refiles Facebook Antitrust Lawsuit

The Federal Trade Commission has refiled its antitrust complaint against Facebook after a federal court dismissed its original complaint in June. In the new complaint, the FTC alleges that Facebook used illegal anticompetitive methods to thwart competition and maintain a monopoly, including by buying competitors like Instagram and WhatsApp. The complaint details how Facebook’s practices enabled the social media giant to maintain its dominance at the expense of competition and consumers. For example, before Facebook’s acquisition of WhatsApp, the messaging platform “embraced privacy-focused offerings and design, including the principle ‘of knowing as little about you as possible’ and an ads-free subscription model” which provided “an important form of product differentiation for WhatsApp as an independent competitive threat in personal social networking.” The FTC also highlights the importance of meaningful competition, without which “Facebook has been able to provide lower levels of service quality on privacy and data protection than it would have to provide in a competitive market.” This complaint is the highest profile challenge that the Commission has brought against any tech company in decades. EPIC has long urged the FTC to block or unwind Facebook’s acquisitions of Instagram and WhatsApp. In 2014, EPIC and the Center for Digital Democracy warned the FTC that Facebook incorporates user data from companies it acquires, and that WhatsApp users objected to the acquisition. Despite these problems, the FTC allowed the merger to go forward.

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EPIC Submits Feedback on NIST AI Risk Management Framework

AI NIST

EPIC Submits Feedback on NIST AI Risk Management Framework

EPIC has submitted feedback to NIST to inform the development of an AI Risk Management Framework that will assist developers, users, and evaluators of AI systems in assessing and improving those systems. EPIC’s feedback includes background on the proliferation of AI system use and the many potential and already-occurring harms stemming from that use, noting that this framework must take into account and meaningfully act to prevent those harms. EPIC recommends that the framework prioritize (i) protection of individuals affected by AI systems, (ii) accountability for AI system development and use, and (iii) interoperability with emerging and current AI and privacy regulations. EPIC frequently advocates for algorithmic justice, transparency, and accountability and has recently submitted comments on the European Commission’s proposes Artificial Intelligence Act and the OECD Framework for Classifying AI Systems.

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World Health Organization Issues Guidance on Documenting and Tracking COVID-19 Vaccination Certificates

World Health Organization Issues Guidance on Documenting and Tracking COVID-19 Vaccination Certificates

The World Health Organization (WHO) has issued guidance on documentation of COVID-19 vaccination certificates. Among other items, the guidance outlines ethical and data protection considerations, different use scenarios, and procedures for use and verification. Critically, the guidelines emphasize that emergency circumstances do not permit authorities to ignore legal obligations relating to privacy and human rights. The guidelines also mandate data protection safeguards and warn against normalizing surveillance of health information. EPIC has previously recommended that public health responses to the pandemic be consistent with privacy and human rights standards and urged authorities to limit unnecessary collection and use of vaccine-related personal data by third parties, including pharmacies.

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EPIC & NCLC: Cruise Company Must be Held Responsible for Illegal Robocalls Made Using Lead Generators

EPIC & NCLC: Cruise Company Must be Held Responsible for Illegal Robocalls Made Using Lead Generators

EPIC and the National Consumer Law Center have filed an amicus brief in a case that highlights the privacy-invading behavior of the online lead generator industry. The plaintiffs in the case, McCurley v. Royal Seas Cruises, are trying to hold a cruise company accountable for tens of thousands of illegal robocalls made on its behalf by a foreign telemarketing company using leads from two unscrupulous online lead generators. The trial court dismissed the case against Royal Seas Cruises because a provision in their contract with the telemarketer that said the telemarketer would comply with the federal anti-robocall law, the Telephone Consumer Protection Act. EPIC and NCLC argue in their brief that a simple contract provision cannot absolve Royal Seas Cruises from responsibility for these illegal robocalls. The amicus brief highlights the unscrupulous practices of the lead generator industry, including recent lawsuits accounting for millions of illegal calls and FTC enforcement actions against deceptive lead generator practices. EPIC and NCLC also argue that failure to hold Royal Seas Cruises accountable would “dramatically weaken TCPA enforcement, denying consumers any remedy for their privacy injuries, and leaving consumers unprotected from future harms.” EPIC routinely files amicus briefs in TCPA cases.

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EPIC Submits Feedback on the European Commission’s Proposal for Harmonized Rules on Artificial Intelligence

EPIC Submits Feedback on the European Commission’s Proposal for Harmonized Rules on Artificial Intelligence

EPIC submitted comments identifying gaps and proposing privacy and fundamental rights-preserving updates to the European Commission’s Proposal for Harmonized Rules on Artificial Intelligence (the Artificial Intelligence Act or “AIA”). The AIA is intended as a step forward in proactive regulation of AI system use. However, EPIC’s comment describes how unaddressed privacy and human rights concerns may allow AI systems to be used in ways that cause serious harm to individuals interacting, knowingly or unknowingly, with those systems. EPIC recommends that the Commission (i) remove the broad exemptions on regulatory requirements for AI systems and expand prohibitions where necessary, (ii) mandate prior notification to individuals subject to AI system decision-making, (iii) fully ban emotion recognition and biometric categorization systems, and (iv) mandate review and approval of AI system conformity assessments by data protection authorities prior to use. EPIC advocates for algorithmic justice, transparency, and accountability, and recently submitted comments on the OECD Framework for Classifying AI Systems, recommending changes to more robustly address privacy concerns.

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Mass. Supreme Judicial Court Rules Two Days of Mass Transit Records Not Enough to Constitute a Search Under the Mosaic Theory of the Fourth Amendment

Carpenter v. United States Commonwealth v. Zachary Fourth Amendment amicus

Mass. Supreme Judicial Court Rules Two Days of Mass Transit Records Not Enough to Constitute a Search Under the Mosaic Theory of the Fourth Amendment

The Massachusetts Supreme Judicial Court issued an opinion in Commonwealth v. Zachary finding that when Boston Police accessed two days of rider history from a metro pass they did not perform a search under the Fourth Amendment. The court first followed an argument from EPIC’s amicus brief urging the court to reject the third-party doctrine for electronic data collected by a third party from an individual for the purpose of obtaining a service. The court decided, “we reject the doctrine as applied to this case, where the data at issue has no connection to the limited purpose for which an individual uses a CharlieCard.”

The court then applied the mosaic theory of the Fourth Amendment which looks at the whole sweep of a government action and the insights derived when individual data points are aggregated to determine whether a search occurred under the Constitution. The court held that while “an extensive record of an individual’s MBTA activity could constitute a search under the mosaic theory, the minimal amount of data obtained in this case does not constitute a violation of art. 14 or the Fourth Amendment.” EPIC previously filed an amicus brief in the landmark location privacy case Carpenter v. United States, in which the Supreme Court held that collecting seven days of cell phone location data, considered in aggregate, constituted a search.

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EPIC & CDT Amicus Brief Highlights Dangers of Unchecked Government Collection of E-Scooter Location Data

EPIC & CDT Amicus Brief Highlights Dangers of Unchecked Government Collection of E-Scooter Location Data

EPIC and the Center for Democracy & Technology have filed an amicus brief supporting Los Angeles residents’ court fight against a city initiative to collect detailed location information on all individual e-scooter trips taken in Los Angeles. The lawsuit is currently on appeal after the trial court dismissed the case because it found no privacy interest in the data. EPIC and CDT’s amicus brief describes how Los Angeles spearheaded a new data collection pipeline called the Mobility Data Specification (or MDS) to standardize the location data that ride share providers collect so that the data can easily be disclosed to governments for analysis—and, potentially, surveillance. EPIC and CDT wrote that MDS has the “power to turn a so-called ‘smart city’ into a surveillance state that is inimical to the Fourth Amendment.” The amicus brief describes how MDS was developed to track any shared mobility vehicle, and that Los Angeles already had plans to expand the program to rideshare data from Uber and Lyft. EPIC and CDT also argued that the city’s policy goals could be achieved without collecting individual trip data, and described how aggregation, differential privacy, and sampling are widely used to analyze mobility data and protect privacy more than bulk disclosure of individualized trip data. EPIC routinely files amicus briefs in cases applying the Fourth Amendment to novel technologies.

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EPIC Urges DHS to Slow Implementation of Mobile Driver’s License Systems, Prioritize Privacy Protections

EPIC Urges DHS to Slow Implementation of Mobile Driver’s License Systems, Prioritize Privacy Protections

In comments responding to a Homeland Security Department (DHS) Request for Information, EPIC urged the agency to slow its investigation into mobile driver’s license technology and implement only systems with the most rigorous cryptographic and privacy-preserving design standards. EPIC recently urged the National Institute of Standards and Technology to adopt anonymous credentialing for identity verification cards for federal employees.

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