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U.S. Transhumanist Party and Nevada Transhumanist Party Positions on 2024 Nevada Ballot Questions

U.S. Transhumanist Party and Nevada Transhumanist Party Positions on 2024 Nevada Ballot Questions

Gennady Stolyarov II


The United States Transhumanist Party and Nevada Transhumanist Party offer the following statements of position on the ballot questions currently before Nevada voters in the 2024 General Election.

Summary
Nevada State Question 1 – Remove Constitutional Status of Board of Regents Amendment: Neutral
Nevada State Question 2 – Revising Language Related to Public Entities for Individuals with Mental Illness, Blindness, or Deafness Amendment: Neutral
Nevada State Question 3 – Top-Five Ranked-Choice Voting Initiative: Strongly Support
Nevada State Question 4 – Remove Slavery as Punishment for Crime from Constitution Amendment: Support
Nevada State Question 5 – Sales Tax Exemption for Diapers Measure: Support
Nevada State Question 6 – Right to Abortion Initiative: Neutral
Nevada State Question 7 – Voter Identification Initiative: Oppose

Nevada State Question 1 – Remove Constitutional Status of Board of Regents Amendment

Wording of Question: “Shall the Nevada Constitution be amended to remove certain provisions governing the Board of Regents of the Nevada System of Higher Education and its administration of the State University and certain federal land grant funds and to provide additional legislative oversight of public institutions of higher education through regular independent audits, without repealing the current statutory election process or other existing statutory provisions relating to the Board of Regents?” (More information on BallotPedia.)

Position of the U.S. Transhumanist Party and Nevada Transhumanist Party: The U.S. Transhumanist Party and Nevada Transhumanist Party are generally neutral as to the structure of oversight over educational institutions and so do not take a strong position as to whether Nevada universities are overseen by a separately elected Board of Regents or directly by the Legislature. Furthermore, Ballot Question 1 would not actually dissolve the Board of Regents, but rather would place it under the oversight of the Legislature instead of its powers being provided for in the Nevada Constitution. Therefore, the day-to-day governance of Nevada’s State-funded higher-education institutions may not be changed in significant ways.

BallotPedia notes that “An amendment to remove the constitutional status of the Board of Regents was also on the 2020 ballot in Nevada. Voters defeated this amendment by 50.15%-49.85%.”

The U.S. Transhumanist Party and Nevada Transhumanist Party were similarly neutral on Ballot Question 1 in 2020. There was a favorable component of the 2020 Ballot Question 1, which is absent from the 2024 Ballot Question 1, and which would have mandated for the Legislature to provide by law for “the reasonable protection of individual academic freedom at Nevada’s public higher education institutions” –. The U.S. Transhumanist Party and Nevada Transhumanist Party are supportive of strengthening protections for individual academic freedom and regret that the current iteration of Ballot Question 1 did not preserve that aspect. The U.S. Transhumanist Party and Nevada Transhumanist Party do see some potential risks of politicization of higher education that may arise from Ballot Question 1 if a Legislature interferes directly in overseeing the content taught or the manner of individual expression permitted on a university campus, without specific protections for individual academic freedom being provided for by law.

However, the U.S. Transhumanist Party and Nevada Transhumanist Party would generally consider the issues involved in the structure of university governance to be outside the purview of specifically transhumanist political advocacy. Therefore, members are encouraged to vote their conscience on this ballot question by consulting their own individual understandings of the relevant matters.

Nevada State Question 2 – Revising Language Related to Public Entities for Individuals with Mental Illness, Blindness, or Deafness Amendment

Wording of Question: “Shall Section 1 of Article 13 of the Nevada Constitution be amended to: (1) revise the description of the persons who benefit from institutions that the State is required to foster and support; (2) replace the term “institutions” with “entities”; and (3) add entities for the benefit of persons with intellectual or developmental disabilities to the types of entities that the State is required to foster and support?” (More information on BallotPedia.)

Position of the U.S. Transhumanist Party and Nevada Transhumanist Party: The U.S. Transhumanist Party and Nevada Transhumanist Party are ultimately neutral on Ballot Question 2. Question 2 proposes to replace the current reference to “Institutions” with “Entities” and the current reference to benefiting “the Insane, Blind and Deaf and Dumb” with “persons with significant mental illness, persons who are blind or visually impaired, persons who are deaf or hard of hearing and persons with intellectual disabilities or developmental disabilities”. The U.S. Transhumanist Party and Nevada Transhumanist Party do not take a strong position on revising language solely with the intention of appearing more sensitive, or avoiding terms that some might perceive to be offensive, although this should not be the sole motivation for a change, and Section XL of the U.S. Transhumanist Party Platform does oppose “the doctrine of censorship, now prevalent on many college campuses in the United States, in the name of […] avoiding subjectively perceived offense.” Wording revisions to a Constitution, however, are not in themselves censorship, in that the expression of any idea by anyone is not being forcibly suppressed, and there may instead be a genuine attempt to determine what superior, more accurate, or more generally palatable wording to describe a particular subject matter might be.

There is a more substantive possible aspect to Ballot Question 2, which ultimately addresses which institutions or entities the State of Nevada would be constitutionally obligated to support. For instance, not all “persons with significant mental illness” might fit under the older category of “the Insane”, and the category of “persons with intellectual disabilities or developmental disabilities” is a new addition, as such persons should not rightfully be referred to as “Insane” under any framework. Proponents of Ballot Question 2 may consider it worthwhile for the State of Nevada to provide financial support to entities treating individuals with intellectual disabilities or developmental disabilities. However, the U.S. Transhumanist Party Platform and Transhumanist Bill of Rights – Version 3.0 ultimately do not take a position on whether such support should be governmentally provided. Article VII of the Transhumanist Bill of Rights – Version 3.0 states, “All sentient entities should be the beneficiaries of a system of universal health care. A system of universal health care does not necessitate any particular means, policy framework, source, or method of payment for delivering health care. A system of universal health care may be provided privately, by governments, or by some combination thereof, as long as, in practice, health care is abundant, inexpensive, accessible, and effective in curing diseases, healing injuries, and lengthening lifespans.” Therefore, it remains the decision of individual members of the U.S. and Nevada Transhumanist Parties regarding whether they would consider governmental support for treating individuals with intellectual disabilities or developmental disabilities to be the best means for overcoming those disabilities. It is possible for an individual member to agree with this, but it is also possible for another individual member to consider private institutions or individually motivated action to be more effective in overcoming at least some intellectual or developmental disabilities than State-funded institutions or entities might be.

Section XVIII of the U.S. Transhumanist Party Platform states that “The United States Transhumanist Party supports work to use science and technology to be able to eliminate all disabilities in humans who have them.” However, it is not clear whether any additional entities that would receive State support as a result of Ballot Question 2 would be focused on actually eliminating disabilities or only on helping people adapt to those disabilities. The latter may be a goal toward which some individual members of the U.S. and Nevada Transhumanist Parties may be sympathetic, but it is not a sufficiently or specifically transhumanist goal, nor is it one that the U.S. Transhumanist Party or Nevada Transhumanist Party take a position on – other than to express the hope that the individuals who are currently adapting to any disability will someday be freed from that disability through medical cures or technological augmentations that render the disability irrelevant to their day-to-day functioning.

Nevada State Question 3 – Top-Five Ranked-Choice Voting Initiative

Wording of Question: “Shall the Nevada Constitution be amended to allow all Nevada voters the right to participate in open primary elections to choose candidates for the general election in which all voters may then rank the remaining candidates by preference for the offices of U.S. Senators, U.S. Representatives, Governor, Lieutenant Governor, Secretary of State, State Treasurer, State Controller, Attorney General, and State Legislators?” (More information on BallotPedia.)

Position of the U.S. Transhumanist Party and Nevada Transhumanist Party: In the view of the U.S. Transhumanist Party and Nevada Transhumanist Party, this is the single most important ballot measure in Nevada political history, as it has the potential to break the stranglehold of the duopoly on Nevada politics. Voters already approved Ballot Question 3 once in 2022, by a vote of 52.94% in favor. However, the Nevada Constitution requires any ballot measures that provide amendments to the Constitution to be passed by voters twice. This 2024 election is therefore decisive for Ballot Question 3, and the U.S. Transhumanist Party and Nevada Transhumanist Party strongly encourage all Nevada residents who care about having genuine electoral choices to vote in support of Question 3.

The plurality of Nevada voters are independent of the major political parties, and yet they are currently unable to meaningfully influence many local races where a major-party primary determines that party’s nominee, who then receives no meaningful competition at the ballot box in the general election. Moreover, Nevada, as a “battleground” electoral state, often features great pressure applied on voters to support the “lesser evil”, despite many Nevada voters being rightly disillusioned with both the Republican and the Democratic “options” provided to them. Ranked-preference voting eliminates the incentive to vote strategically or for a “lesser evil” to the exclusion of one’s genuinely preferred candidate, since one can provide a complete rank-ordering of one’s preferences rather than limit oneself to one choice.

Section XXX of the U.S. Transhumanist Party Platform states that “The United States Transhumanist Party supports replacing the current ‘winner-take-all’ electoral system with proportional representation, ranked preference voting, and other devices to minimize the temptations by voters to favor a perceived ‘lesser evil’ rather than the candidates closest to those voters’ own preferences.” Thus, support for ranked-choice voting is directly embedded in our Platform. Furthermore, Section XIX of the USTP Platform reads, in part, “The United States Transhumanist Party supports an end to the two-party political system in the United States and a substantially greater inclusion of ‘third parties’ in the political process through mechanisms such as proportional representation and the elimination of stringent ballot-access requirements.” Allowing open access to primaries and enabling ranked-preference voting in the general election would certainly lower the barriers to entry to candidates who do not belong to either of the duopoly parties.

The U.S. Transhumanist Party has successfully implemented ranked-preference voting in multiple of its internal votes. There is every reason to expect that ranked-preference voting could be implemented with similar success for the much simpler top-five ballots in Nevada general elections that would be developed if Question 3 were to be approved by the voters (twice, the first time this year). The U.S. Transhumanist Party and Nevada Transhumanist Party strongly encourage every Nevada voter to support Ballot Question 3.

The opponents of Ballot Question 3 have included both the Republican and Democratic Parties and various politically connected special-interest advocacy groups; this should be quite revealing about what these establishment factions find to be threatening to their power. A ranked-choice voting system would break the ability of these powerful interests to manipulate the public through “lesser evil” arguments; politicians, to receive serious consideration, would actually have to at least pretend to be for the greater good rather than merely a lesser evil!

An astonishing and disgraceful plethora of misrepresentations about Ballot Question 3 have been propagated by the opposing establishment interests:
· Opponents claim that ranked-choice voting would be confusing to voters – as if people do not intuitively know how to rank-order their options; to suggest this is to insult the intelligence of nearly voter!
· Opponents claim that people would be forced to rank-order multiple candidates, when the text of the proposed Constitutional amendment specifically would allow a voter to “mark as many choices as the voter wishes” (Article 15, Section 18, Paragraph 3).
· Opponents claim that ranked-choice voting would violate the principle of “one person, one vote”, when in fact every eligible voter would still cast one ballot and would have the option to rank-order as many candidates as that voter wishes – from as few as one to as many as five. If a voter only chooses to indicate one candidate, or any number fewer than five, that voter is not disenfranchised by that voluntary decision, just as a person who is eligible to vote but chooses not to vote is not disenfranchised by their own choice. No serious argument can be made that the principle of “one person, one vote” is violated just because some people choose not to vote. By extension, no serious argument can be made that this principle would be violated just because some people would choose to rank-order fewer than all of the candidates.

For an extensive discussion of how ranked-choice voting works, the USTP encourages everyone to view our Virtual Enlightenment Salon with Kit Muehlman and FairVote Washington, as well as a subsequent, in-depth presentation by FairVote Washington on the technical workings of proportional ranked-choice voting.

Nevada State Question 4 – Remove Slavery as Punishment for Crime from Constitution Amendment

Wording of Question: “Shall the Ordinance of the Nevada Constitution and the Nevada Constitution be amended to remove language authorizing the use of slavery and involuntary servitude as a criminal punishment?” (More information on BallotPedia.)

Position of the U.S. Transhumanist Party and Nevada Transhumanist Party: The U.S. Transhumanist Party and Nevada Transhumanist Party support Ballot Question 4. The Transhumanist Bill of Rights – Version 3.0 states in Article XXV, “No sentient entity shall be held in slavery or involuntary servitude; slavery and the slave trade shall be prohibited in all their forms.” There are no exceptions provided for the prohibition on slavery and involuntary servitude in the Transhumanist Bill of Rights. Question 4 would align the Nevada State Constitution with the Transhumanist Bill of Rights.

It has been noted in the various explanations of this ballot question that it would not result in the abolition of prison work programs, which may, if administered properly, have benefits such as enabling prisoners to learn marketable skills and to have a path toward integration into peaceful and productive economic life upon their release from prison. However, the prohibition of involuntary servitude would mean that prisoners would have the prerogative to opt into those work programs, and that prison labor would not be used as punishment for an offense in and of itself. The U.S. Transhumanist Party and Nevada Transhumanist Party would concur that prison work programs should be voluntary for the prisoners and should be offered as opportunities, not as punishments.

Nevada State Question 5 – Sales Tax Exemption for Diapers Measure

Wording of Question: “Shall the Sales and Use Tax Act of 1955 be amended to provide an exemption from the taxes imposed by this Act on the gross receipts from the sale and the storage, use or other consumption of diapers?” (More information on BallotPedia.)

Position of the U.S. Transhumanist Party and Nevada Transhumanist Party: Section XXXVI of the U.S. Transhumanist Party Platform expresses support for “a flat percentage-of-sales tax applicable only to purchases from businesses whose combined nationwide revenues from all affiliates exceed a specified threshold.” The U.S. Transhumanist Party, in its most recent Exposure Period, considered an amendment to Section XXXVI, which would add the language, “This tax would not be imposed on life necessities, defined as goods that are consumable in the near term and whose primary purpose is to facilitate human survival.” The Nevada Transhumanist Party already included this language on July 26, 2024, within Section V of the Nevada Transhumanist Party Platform.

Currently, the State of Nevada lacks an income tax and has a state sales tax, from which various goods considered to be necessities are excluded. Diapers can be considered to facilitate the survival, with a basic amount of dignity, of certain humans who need them. Based on the principle that the cost of necessities should be excluded from any manner of sales tax, which already appears to be reflected in Nevada law and in the Nevada Transhumanist Party Platform, and which also did not meet any opposition during the Exposure Period for Platform Vote #9, the U.S. Transhumanist Party and Nevada Transhumanist Party support Ballot Question 5.

Nevada State Question 6 – Right to Abortion Initiative

Wording of Question: “Should the Nevada Constitution be amended to create an individual’s fundamental right to an abortion, without interference by state or local governments, whenever the abortion is performed by a qualified healthcare professional until fetal viability or when necessary to protect the health or life of the pregnant individual at any point during the pregnancy?” (More information on BallotPedia.)

Position of the U.S. Transhumanist Party and Nevada Transhumanist Party: The U.S. Transhumanist Party and Nevada Transhumanist Party are intentionally and conscientiously neutral on the question of abortion, which is one of the most divisive and intractable issues in American politics today. Its intractability stems from the existence of an inherent conflict of rights, which cannot be resolved using contemporary technology.

Section LXXXIV of the U.S. Transhumanist Party Platform offers a potential future solution to this divisive issue in the form of ectogenesis, “the ability of organisms to be incubated and to grow to the point of independent survival, within an artificial environment that provides such organisms with all the necessities of biological survival and development.” Ectogenesis posses the promise of “alleviating the burdens of human pregnancy and rendering the divisive debate over abortion obsolete by reconciling the right to life of a fetus with the freedom of a woman to choose not to carry that fetus.”

However, ectogenesis for humans is not yet available. During the present time, abortion is being utilized to an escalating extent by both major political parties as a wedge issue designed, through the extreme responses to it from both sides, to polarize and divide the population over situations that are unlikely to affect most people personally. It is for this reason that the U.S. Transhumanist Party de-emphasizes the abortion issue in its Platform and rhetoric. Under the status quo, this issue cannot be constructively resolved. We need technology, such as ectogenesis, to render abortion, and especially the abortion debate, obsolete.

The U.S. Transhumanist Party’s founder, Zoltan Istvan, who is personally a supporter of abortion rights, articulated this point of view in his August 3, 2019, editorial in the New York Times, “The Abortion Debate Is Stuck. Are Artificial Wombs the Answer?

The U.S. Transhumanist Party also recognizes that its members have a broad spectrum of views on the abortion issue. The USTP, in striving to be a big-tent organization, has intentionally avoided creating any manner of litmus test on this issue vis-à-vis its membership.

The U.S. Transhumanist Party does note, by way of a factual observation, that abortion is currently legal in Nevada statute up to 24 weeks (6 months), and thus if Ballot Question 6 is defeated, this would not affect the status quo in regard to the legality and availability of abortions in Nevada. Ballot Question 6 proposes to establish a right to abortion within the Nevada Constitution and would extend the timeframe of legal abortion “until fetal viability or when necessary to protect the health or life of the pregnant individual at any point during the pregnancy”. If enacted, Ballot Question 6 would thus likely broaden the timeframe during which abortions would be legal, in many cases substantially beyond 6 months.

Accordingly, individual members are free to vote their conscience, or to abstain from voting, on Ballot Question 6, however they may choose.

Nevada State Question 7 – Voter Identification Initiative

Wording of Question: “Should the Nevada Constitution be amended to require voters to either present photo identification to verify their identity when voting in-person or to provide certain personal information to verify their identity when voting by mail ballot?” (More information on BallotPedia.)

Position of the U.S. Transhumanist Party and Nevada Transhumanist Party: The U.S. Transhumanist Party and Nevada Transhumanist Party seek to render it easier, not harder, for people (and sentient entities more generally) to be able to vote in elections. As a party with the broadest franchise of any organization known to it – extending the prerogative for Allied Membership to “any being capable of logical reasoning and of the expression of political opinions” (U.S. Transhumanist Party Constitution, Article II, Section X) – and enabling Allied Members to vote in its internal elections, the USTP is supportive of making voting as accessible as possible to as many sentient entities as possible. The USTP practices this in its internal voting processes, where electronic, ranked-preference voting has been used with significant success and with robust verification that only genuine USTP members (and not, for instance, non-sentient bots that serve a particular special interest) have been the ones casting votes.

While it is not inherently in conflict with the USTP’s values to require some manner of identification to render a person eligible to vote, the USTP does not consider a requirement of voter identification at the time of voting to be necessary for this purpose. When an individual registers to vote, it is already the case in Nevada that one of several listed forms of identification needs to be produced to demonstrate that this person is a U.S. citizen residing in the district where this person is seeking to register to vote. It is not necessary, once a person is registered to vote, to duplicatively require the same voter identification when that person seeks to cast their ballot. Per the official Arguments Against Passage of Question 7 on the Nevada Sample Ballot, “impersonating someone else at the polls [almost] never happens. One study found that that out of more than a billion votes cast, it happened 31 times – statistically zero. You have a better chance of getting struck by lightning.”

Furthermore, requiring hard-copy voter identification at the time of voting reinforces an already-obsolete paper-based voting system which should, as soon as the technology is viable and deployable at scale, be replaced with an electronic, blockchain-based system using which people could securely verify their identities and vote from the comfort of their homes.

In practice, Ballot Question 7 would limit who is able to vote in Nevada and would, through procedural barriers, deprive some number of U.S. citizens who are legally eligible to vote and properly registered to vote from being able to vote in practice. The U.S. Transhumanist Party and Nevada Transhumanist Party view such an outcome as contrary to their support for enfranchising more sentient entities. Accordingly, the U.S. Transhumanist Party and Nevada Transhumanist Party are opposed to Ballot Question 7.

Review of Frank Pasquale’s “A Rule of Persons, Not Machines: The Limits of Legal Automation” – Article by Adam Alonzi

Review of Frank Pasquale’s “A Rule of Persons, Not Machines: The Limits of Legal Automation” – Article by Adam Alonzi

Adam Alonzi


From the beginning Frank Pasquale, author of The Black Box Society: The Secret Algorithms That Control Money and Information, contends in his new paper “A Rule of Persons, Not Machines: The Limits of Legal Automation” that software, given its brittleness, is not designed to deal with the complexities of taking a case through court and establishing a verdict. As he understands it, an AI cannot deviate far from the rules laid down by its creator. This assumption, which is not even quite right at the present time, only slightly tinges an otherwise erudite, sincere, and balanced coverage of the topic. He does not show much faith in the use of past cases to create datasets for the next generation of paralegals, automated legal services, and, in the more distant future, lawyers and jurists.

Lawrence Zelanik has noted that when taxes were filed entirely on paper, provisions were limited to avoid unreasonably imposing irksome nuances on the average person. Tax-return software has eliminated this “complexity constraint.” He goes on to state that without this the laws, and the software that interprets it, are akin to a “black box” for those who must abide by them. William Gale has said taxes could be easily computed for “non-itemizers.” In other words, the government could use information it already has to present a “bill” to this class of taxpayers, saving time and money for all parties involved. However, simplification does not always align with everyone’s interests. TurboTax’s business, which is built entirely on helping ordinary people navigate the labyrinth is the American federal income tax, noticed a threat to its business model. This prompted it to put together a grassroots campaign to fight such measures. More than just another example of a business protecting its interests, it is an ominous foreshadowing of an escalation scenario that will transpire in many areas if and when legal AI becomes sufficiently advanced.

Pasquale writes: “Technologists cannot assume that computational solutions to one problem will not affect the scope and nature of that problem. Instead, as technology enters fields, problems change, as various parties seek to either entrench or disrupt aspects of the present situation for their own advantage.”

What he is referring to here, in everything but name, is an arms race. The vastly superior computational powers of robot lawyers may make the already perverse incentive to make ever more Byzantine rules ever more attractive to bureaucracies and lawyers. The concern is that the clauses and dependencies hidden within contracts will quickly explode, making them far too detailed even for professionals to make sense of in a reasonable amount of time. Given that this sort of software may become a necessary accoutrement in most or all legal matters means that the demand for it, or for professionals with access to it, will expand greatly at the expense of those who are unwilling or unable to adopt it. This, though Pasquale only hints at it, may lead to greater imbalances in socioeconomic power. On the other hand, he does not consider the possibility of bottom-up open-source (or state-led) efforts to create synthetic public defenders. While this may seem idealistic, it is fairly clear that the open-source model can compete with and, in some areas, outperform proprietary competitors.

It is not unlikely that within subdomains of law that an array of arms races can and will arise between synthetic intelligences. If a lawyer knows its client is guilty, should it squeal? This will change the way jurisprudence works in many countries, but it would seem unwise to program any robot to knowingly lie about whether a crime, particularly a serious one, has been committed – including by omission. If it is fighting against a punishment it deems overly harsh for a given crime, for trespassing to get a closer look at a rabid raccoon or unintentional jaywalking, should it maintain its client’s innocence as a means to an end? A moral consequentialist, seeing no harm was done (or in some instances, could possibly have been done), may persist in pleading innocent. A synthetic lawyer may be more pragmatic than deontological, but it is not entirely correct, and certainly shortsighted, to (mis)characterize AI as only capable of blindly following a set of instructions, like a Fortran program made to compute the nth member of the Fibonacci series.

Human courts are rife with biases: judges give more lenient sentences after taking a lunch break (65% more likely to grant parole – nothing to spit at), attractive defendants are viewed favorably by unwashed juries and trained jurists alike, and the prejudices of all kinds exist against various “out” groups, which can tip the scales in favor of a guilty verdict or to harsher sentences. Why then would someone have an aversion to the introduction of AI into a system that is clearly ruled, in part, by the quirks of human psychology?

DoNotPay is an an app that helps drivers fight parking tickets. It allows drivers with legitimate medical emergencies to gain exemptions. So, as Pasquale says, not only will traffic management be automated, but so will appeals. However, as he cautions, a flesh-and-blood lawyer takes responsibility for bad advice. The DoNotPay not only fails to take responsibility, but “holds its client responsible for when its proprietor is harmed by the interaction.” There is little reason to think machines would do a worse job of adhering to privacy guidelines than human beings unless, as mentioned in the example of a machine ratting on its client, there is some overriding principle that would compel them to divulge the information to protect several people from harm if their diagnosis in some way makes them as a danger in their personal or professional life. Is the client responsible for the mistakes of the robot it has hired? Should the blame not fall upon the firm who has provided the service?

Making a blockchain that could handle the demands of processing purchases and sales, one that takes into account all the relevant variables to make expert judgements on a matter, is no small task. As the infamous disagreement over the meaning of the word “chicken” in Frigaliment v. B.N.S International Sales Group illustrates, the definitions of what anything is can be a bit puzzling. The need to maintain a decent reputation to maintain sales is a strong incentive against knowingly cheating customers, but although cheating tends to be the exception for this reason, it is still necessary to protect against it. As one official on the  Commodity Futures Trading Commission put it, “where a smart contract’s conditions depend upon real-world data (e.g., the price of a commodity future at a given time), agreed-upon outside systems, called oracles, can be developed to monitor and verify prices, performance, or other real-world events.”

Pasquale cites the SEC’s decision to force providers of asset-backed securities to file “downloadable source code in Python.” AmeriCredit responded by saying it  “should not be forced to predict and therefore program every possible slight iteration of all waterfall payments” because its business is “automobile loans, not software development.” AmeriTrade does not seem to be familiar with machine learning. There is a case for making all financial transactions and agreements explicit on an immutable platform like blockchain. There is also a case for making all such code open source, ready to be scrutinized by those with the talents to do so or, in the near future, by those with access to software that can quickly turn it into plain English, Spanish, Mandarin, Bantu, Etruscan, etc.

During the fallout of the 2008 crisis, some homeowners noticed the entities on their foreclosure paperwork did not match the paperwork they received when their mortgages were sold to a trust. According to Dayen (2010) many banks did not fill out the paperwork at all. This seems to be a rather forceful argument in favor of the incorporation of synthetic agents into law practices. Like many futurists Pasquale foresees an increase in “complementary automation.” The cooperation of chess engines with humans can still trounce the best AI out there. This is a commonly cited example of how two (very different) heads are better than one.  Yet going to a lawyer is not like visiting a tailor. People, including fairly delusional ones, know if their clothes fit. Yet they do not know whether they’ve received expert counsel or not – although, the outcome of the case might give them a hint.

Pasquale concludes his paper by asserting that “the rule of law entails a system of social relationships and legitimate governance, not simply the transfer and evaluation of information about behavior.” This is closely related to the doubts expressed at the beginning of the piece about the usefulness of data sets in training legal AI. He then states that those in the legal profession must handle “intractable conflicts of values that repeatedly require thoughtful discretion and negotiation.” This appears to be the legal equivalent of epistemological mysterianism. It stands on still shakier ground than its analogue because it is clear that laws are, or should be, rooted in some set of criteria agreed upon by the members of a given jurisdiction. Shouldn’t the rulings of law makers and the values that inform them be at least partially quantifiable? There are efforts, like EthicsNet, which are trying to prepare datasets and criteria to feed machines in the future (because they will certainly have to be fed by someone!).  There is no doubt that the human touch in law will not be supplanted soon, but the question is whether our intuition should be exalted as guarantee of fairness or a hindrance to moving beyond a legal system bogged down by the baggage of human foibles.

Adam Alonzi is a writer, biotechnologist, documentary maker, futurist, inventor, programmer, and author of the novels A Plank in Reason and Praying for Death: A Zombie Apocalypse. He is an analyst for the Millennium Project, the Head Media Director for BioViva Sciences, and Editor-in-Chief of Radical Science News. Listen to his podcasts here. Read his blog here.

For the Separation of Stadium and State – Article by David R. Henderson

For the Separation of Stadium and State – Article by David R. Henderson

The New Renaissance HatDavid R. Henderson
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The title of this post is the same as the title of an article by Jonah Goldberg about the Colin Kaepernick incident. (If you haven’t been paying attention to the NFL lately, here’s the summary: Kaepernick is a San Francisco 49er who refused, and still refuses, to stand for the U.S. national anthem.)

I had been pondering writing a similar piece myself. And then I saw his title. Darn, I thought, Goldberg has beat me to it.

Except that he didn’t.

Goldberg’s article is all about his narrow way of keeping politics out of sports: players should stand for the national anthem. Some people would see this as a way of inserting politics into sports.

That means that people who don’t like what Kaepernick did are being forced to pay for the very property on which he did it.

But how would you keep politics out of sports in a fundamental way? It would be by not forcing people to pay for sports.

You don’t have to know a lot about the 49ers or the NFL to know that local governments tax their residents and others heavily to pay for luxurious stadiums.

That means that people who don’t like what Kaepernick did are being forced to pay for the very property on which he did it. On the other hand, it also means that people who don’t like the flag-waving that goes on at NFL games are also forced to pay for the property on which that occurs.

There’s a simple solution here: actually separate sports and state. That is, quit forcing taxpayers to pay for sports.

Now that’s a solution that I will salute.

 

david-r-henderson
David R. Henderson

David Henderson is a research fellow with the Hoover Institution and an economics professor at the Graduate School of Business and Public Policy, Naval Postgraduate School, Monterey, California. He is editor of The Concise Encyclopedia of Economics (Liberty Fund) and blogs at econlib.org.

This article was originally published on FEE.org. Read the original article.

On Soda Taxes and Purported Health Benefits – Article by Peter Van Doren

On Soda Taxes and Purported Health Benefits – Article by Peter Van Doren

The New Renaissance HatPeter Van Doren
October 27, 2015
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This week, the New York Times editorial board wrote in support of greater taxes on sweetened drinks, citing new research from a team Mexican and American researchers. They praise the novel design of the tax, which is levied on drink distributors rather than consumers. This caused the tax to be included in shelf prices, making the increase in total cost clear to consumers. The research found that soda consumption fell 12 percent in a year, and 17 percent among the poorest Mexicans.

The Times admits that we do not know whether any health benefits will actually result from soda taxes.  In this article in Regulation, the University of Pennsylvania’s Jonathan Klick and Claremont McKenna’s Eric Helland examined the effects of soda taxes. They conclude that a one percent increase in soda taxes led to a five percent reduction in soda consumption among young people.  But consumers substituted to other beverages.  A 6-calorie reduction in soda consumption was accompanied by an 8-calorie increase in milk consumption and a 2-calorie increase in juice consumption. Thus, the tax on soda led to an increase in overall calorie consumption, which offset the benefits of falling soda consumption. Moreover, there was “no statistically significant effect of soda taxes on body weight or the likelihood of being obese or overweight”.

Peter Van Doren is editor of the quarterly journal Regulation and an expert in the regulation of housing, land, energy, the environment, transportation, and labor. He has taught at the Woodrow Wilson School of Public and International Affairs (Princeton University), the School of Organization and Management (Yale University), and the University of North Carolina at Chapel Hill. From 1987 to 1988 he was the postdoctoral fellow in political economy at Carnegie Mellon University. His writing has been published in the Wall Street Journal, the Washington Post, Journal of Commerce, and the New York Post. Van Doren has also appeared on CNN, CNBC, Fox News Channel, and Voice of America.

He received his bachelor’s degree from the Massachusetts Institute of Technology and his master’s degree and doctorate from Yale University.

This work by Cato Institute is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License.

Government Gifts from Heaven: The Illusions of Redistributive Taxation – Article by Kyrel Zantonavitch

Government Gifts from Heaven: The Illusions of Redistributive Taxation – Article by Kyrel Zantonavitch

The New Renaissance Hat
Kyrel Zantonavitch
October 3, 2012
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Everybody wants something for nothing. But the problem is you can never actually get it. And virtually everyone quietly understands this.

Nothing is ever free, and there’s always a price to pay even if you only pay it eventually, indirectly, or secretly. And usually the price for this “free” stuff is quite high. You’re almost always far better off paying for it directly and honestly rather than engaging in any type of amoral, unprincipled, dispiriting, and anxiety-ridden beggary or theft.

But when it comes to government, many people today really do pretty much think you can get something for nothing. Many people nowadays really do believe that the government can magically generate things out of thin air, and then give them to “the people” for free. They even commonly think that this is the people’s “right.”

And the more coercive the government, the better, some people think. The more tyrannical the state is, the more it has the power to repeal the laws of economics, physics, and reality. Then it can give “the people” all sorts of free goods and services!

And yet, in an odd way, this view is actually right, because it’s always the more authoritarian states that pretend to offer the most goodies and booty to their greedy citizenry. They’re the ones that always claim to feature the most “economic rights” or welfare-state give-aways.

Many people in the 21st century really do want and even righteously demand “free” schools and medical care. They want mandatory “free” paid vacations, sick days, and personal days. They want paid mandatory “free” maternity leave along with no-charge day care for the kids. And, of course, they fully expect “free” public roads, parks, libraries, fire departments, water supplies, etc.

But the problem with all this “free” stuff as has already been stated is you truly do pay for it. This happens via taxes. And no, you can’t steal from the rich, and make them pay your share. If you attempt it, they’ll probably just make you pay double. If a government is tyrannical, the rich and powerful can work its machinery far better than you.

Still, too many people try. They hope and dream and then are easily deluded and duped.

The result of all this attempted robbery of the wealthy, and of the general public, is that while some people do get some “freebies” of a generally ugly and repellant type, the rest of the citizenry quietly raises the costs of everyone’s taxes thru the roof. And almost all the merchandise redistributed via taxation is invariably low in quality and high in cost. Now, maybe many don’t notice this. Defenders of Big Brother go to considerable trouble to disguise this reality from you. But it’s the truth.

Had you directly and honestly paid for all this apparent government windfall utilizing your individual judgment, prudence, experience, and intelligence you and your society would be far richer overall. The massive taxes you and the others end up paying are not at all worth it.

Ultimately, whether you know it or not, welfare-state redistribution of wealth results in its very advocates getting utterly conned and totally ripped off.

Kyrel Zantonavitch is the founder of The Liberal Institute  (http://www.liberalinstitute.com/) and a writer for Rebirth of Reason (http://www.rebirthofreason.com). He can be contacted at zantonavitch@gmail.com.