News for hackers. Stuff that matters.
Re:It’s Time to Build by oxymoron on Saturday April 18, 2020 @07:26PM (#22912001)
I'm in the process of reading _Why Nation Fails_. The central thesis is that the rich and poor countries are separated by inclusive vs extractive institutions. The extractive institutions are characterised by elites that attempt to defend their own wealth and status by maintaining the status quo and resisting the creative destruction that may threaten that position.

It seems to resonate a bit here, when Marc speaks of things like regulatory capture. I heard a few years back that a US health insurance startup had to provide on the order of 6000 pages of documentation to be approved. No wonder that there hadn't been another provider for twenty years or so. It seems like some things are hard to build mostly because some people want it that way.

I can't help but think that there's a fundamental flaw in the American regulatory approach. From the European perspective, the US is sometimes viewed as some time of free market haven, but in practice it often turns out that the regulatory burden is much higher. The framework imposed on financial markets by the SEC and related authorities is on a whole different level in the US, and with higher complexity you a also get a larger surface area for special interests to make their mark.

Point being, why not write simpler laws and regulations and leave it to the courts to interpret what adheres to the spirit of it? With the barriers of entry gone, I think we'd see a renewed vitality to many ossified sectors.

Re:It’s Time to Build by pmarca on Saturday April 18, 2020 @10:20PM (#22912921)
Thanks, agree, great book. I think of it as "Why Nations Succeed" instead. Inclusive institutions = economic generativity = non-zero sum. A more philosophical version is https://www.amazon.com/Finite-Infinite-Games-James-Carse-ebo...
Re:It’s Time to Build by KirinDave on Saturday April 18, 2020 @08:10PM (#22912241)
> It seems to resonate a bit here, when Marc speaks of things like regulatory capture. I heard a few years back that a US health insurance startup had to provide on the order of 6000 pages of documentation to be approved. No wonder that there hadn't been another provider for twenty years or so. It seems like some things are hard to build mostly because some people want it that way.

Sure, but is this actually a high order blocker? I'd argue that it's not even a first order effect. The problem here is not that we don't have enough insurance capacity; the problem is that we don't have enough ventilators. And it turns out, actually building those things to spec is hard. Intellectual property and regulatory capture are bad things to be reduced, IMO, but they're only part of our current equation.

The moneyed classes of America don't like redundancy and they don't like long term investments. Since they hold such a huge chunk of wealth compared to the rest of America, their preferences (which I might note, Marc represents professionally) make these decisions long before patent troll lawsuits or building inspectors can rain on any parade.

> Point being, why not write simpler laws and regulations and leave it to the courts to interpret what adheres to the spirit of it? With the barriers of entry gone, I think we'd see a renewed vitality to many ossified sectors.

Litigation is the most costly way to settle these things. Your idea would require even more startup capital per small business to overcome the legal obstacles you seemed eager to abolish.

Re:It’s Time to Build by oxymoron on Saturday April 18, 2020 @08:31PM (#22912363)
We’re not necessarily talking about litigation here. Like another commenter pointed out, other legal system allows you to ask the courts for decisions without an opposing party.
Re:It’s Time to Build by thu2111 on Sunday April 19, 2020 @08:16AM (#22915369)
We're actually not running out of ventilators anywhere. Existing installed base is sufficient and moreover, it turned out the federal government had a large stockpile anyway, which rather invalidates the central thesis of the article re: lack of preparedness.

The claim about ventilators was one of the first dodgy claims I noticed but really the entire first part of the article is a pack of lies. Andreessen says:

"We see this today with the things we urgently need but don’t have. We don’t have enough coronavirus tests, or test materials — including, amazingly, cotton swabs and common reagents"

This isn't amazing. The amount of testing being performed has scaled exponentially over the space of just a few months, from a standing start. In fact there's a lot of evidence that the supposedly exponential growth of the virus was really due to an exponential growth in testing, when positives are viewed as a proportion of overall tests done. It's not an indictment of "the West" that materials run out after such a vast acceleration - if anything I'm amazed it didn't happen earlier!

"We don’t have enough ventilators, negative pressure rooms, and ICU beds"

All three are in plentiful supply. Even in localised hotspots like New York problems are limited to a handful of hospitals.

I've been reading about the near deserted state of most hospitals for over a week now. I don't understand where Marc is getting his information from if he isn't aware of this.

"We also don’t have therapies or a vaccine — despite, again, years of advance warning about bat-borne coronaviruses"

Vaccines can't be created for a virus that doesn't exist yet regardless of how many vague warnings there are, so this isn't remarkable: it's inevitable. As for therapies, that's what ventilators and CPAP are.

"then we may not have the manufacturing factories required to scale their production"

Given the data appearing in a flood of new papers, showing that the virus is not dangerous enough to warrant current policy, no unusual rates of manufacturing scale-up will be required.

"it took scientists 5 years to get regulatory testing approval for the new Ebola vaccine after that scourge’s 2014 outbreak, at the cost of many lives"

I'm actually on Marc's side on this one, in that I suspect current FDA approval processes are overkill. But this claim is also nonsense. FDA allows fast-track approval bypass for cases where someone is going to die without treatment anyway, and Ebola disappeared after 2014 - according to CDC the next time it was spotted was Zaire in 2018 with a grand total of 8 cases. That's not even close to "many lives".

"A government that collects money from all its citizens and businesses each year has never built a system to distribute money to us when it’s needed most."

Tax credits, quantitative easing, loan subsidies. The government has many ways to distribute money to people.

"At least therapies and vaccines are hard! Making masks and transferring money are not hard"

In fact making medical masks is hard. It requires special materials and machines, the supply of which can't be rapidly scaled up.

https://www.businessinsider.com/why-factories-cant-keep-up-d...

Headline is literally "Factories are scrambling to make 20 times more face masks a day to keep up with demand amid coronavirus outbreak, but the masks are surprisingly difficult and expensive to make"

As for money, transferring money is easy. Figuring out the right amounts and the right people to send it to, without creating an explosion of fraud and waste - that's not so easy.

Re:It’s Time to Build by tlb on Sunday April 19, 2020 @10:47PM (#22920686)
The number of tests done so far is about 4 million. Aren't you surprised to find we didn't have 4 million cotton swabs? Barely 1 swab per 100 people?

For reference, Q-tips come in packages of 500 for about $5 at your local pharmacy. They sell around 20 billion per year. Test swabs are somewhat more special and individually wrapped, but 4 million shouldn't cost a lot.

Re:It’s Time to Build by KirinDave on Sunday April 19, 2020 @09:54AM (#22915914)
I want to make sure you know that this post is full of bizarre falsehoods. New York and Seattle definitely have ventilator shortages. California had a shortage and that federal reserve of ventilators netted us a small number of broken devices that had to be repaired. Lucky us, the State had a corporate partner that could do it.

I especially want to take issue with this falsehood:

> All three are in plentiful supply. Even in localised hotspots like New York problems are limited to a handful of hospitals.

ICU beds are definitely in short supply. It doesn't matter if a bed exists in another state, folks who need ICU beds aren't usually fit to travel. That's part of why their care is intensive.

But also, only large hospitals have significant ICU capacity. So saying it's only limited to hospitals that have ICU capacity seems very disingenuous to me. It's like saying, "There is no shortage of ICU beds at local clinics." That's true, because no one expects substantial ICU capacity at local clinics. If they had it, it'd be welcome right now.

> I've been reading about the near deserted state of most hospitals for over a week now. I don't understand where Marc is getting his information from if he isn't aware of this.

Where are you reading this? I have relatives in healthcare in NY. They do not relate your story to me.

> Vaccines can't be created for a virus that doesn't exist yet regardless of how many vague warnings there are, so this isn't remarkable: it's inevitable. As for therapies, that's what ventilators and CPAP are.

Who would CPAP machines be for? Why bring them up?

> Given the data appearing in a flood of new papers, showing that the virus is not dangerous enough to warrant current policy, no unusual rates of manufacturing scale-up will be required.

The medical literature is in fact saying the opposite. But now I'm morbidly fascinated what the "reopen the economy" and "it's just the flu" crowd are circulating as "scientific literature."

> Tax credits, quantitative easing, loan subsidies. The government has many ways to distribute money to people.

None of which are actually effective in the face of historic unemployment.

> In fact making medical masks is hard. It requires special materials and machines, the supply of which can't be rapidly scaled up.

Making masks which reduce individual aerosol dispersal is easy. N95 masks are harder. We definitely could scale them up rapidly if we wanted to. This is the territory where things like IP law do matter and do cost lives.

Re:It’s Time to Build by thu2111 on Sunday April 19, 2020 @12:04PM (#22916737)
Where are you getting your information?

Re: Ventilators in New York.

New York doesn't have a ventilator shortage and never did. It had a predicted shortage based on bad simulations, but never a real one. In fact it's now sending ventilators elsewhere:

https://www.nationalreview.com/2020/04/coronavirus-crisis-ve...

"On April 2, Cuomo predicted the state would run out of ventilators in six days “at the current burn rate.” But on April 6, Cuomo noted, “We’re ok, and we have some in reserve.” Now New York appears to have passed the apex. Deaths, a lagging indicator, crested at 799 on April 9 and hit 606 on April 16, the lowest figure since April 6. Hospitalizations are also declining, and on April 16 also hit their lowest level since April 6. Cuomo today has so many ventilators he is giving them away: On April 15, he said he was sending 100 of them to Michigan and 50 to Maryland. On April 16, he announced he was sending 100 to New Jersey."

I'm morbidly fascinated by what you're reading that has led you to this belief.

Re: ICU beds: I was talking about the world generally rather than New York specifically. For example in New Jersey on April 8th only 3 hospitals were load balancing to others:

https://twitter.com/alexberenson/status/1247920918640410624?...

In New York city (vs state) the field hospitals that were built have hardly been being used.

https://eu.usatoday.com/story/news/health/2020/04/16/coronav...

"the field hospital constructed inside the massive Jacob K. Javits Convention Center in Hudson Yards, had 340 patients as of Tuesday afternoon ... The facility has a maximum capacity of 2,500 hospital beds. As of Tuesday afternoon, the Javits Center hospital had treated about 700 patients"

Even on April 1st, the New York Post visited an ICU and found it was only handling double the normal case load, well within capacity (13 patients normally, 26 then):

https://nypost.com/2020/04/01/a-look-inside-an-nyc-hospital-...

Certainly there are cases where single hospitals ran out of space and started load balancing onto nearby hospitals. But, that happens during normal times too.

Where are you reading this? [empty hospitals]

The essay isn't only about New York, it's trying to generalise not only to America but the whole western world. And across the world hospitals are laying off staff due to underload:

https://news.google.com/search?q=hospital%20furlough&hl=en-U...

Who would CPAP machines be for? Why bring them up?

CPAP - the pressure type, not the sleep machines - is now a common therapy for treating COVID-19. For example the British Prime Minister wasn't put on a ventilator but rather given only CPAP (basically, a mask connected to the hospital oxygen supply). This is because there's a growing belief in the medical world that ventilators can cause more harm than good for COVID patients.

https://www.medscape.com/viewarticle/928156

None of which are actually effective in the face of historic unemployment.

That's not a rebuttal. Systems to distribute money exist. The idea they've never been built, as the essay argues, isn't right.

If you want to argue they aren't designed for sustaining a world under house arrest, by all means do so, but no country on earth has created schemes specifically for that.

Making masks which reduce individual aerosol dispersal is easy. N95 masks are harder

Andreessen was talking about medical-grade masks designed to protect doctors from patients, not ad-hoc home made things. And for those masks the point stands: it's hard to make them but he says it's easy.

As for medical literature, go read the links to papers and studies here:

https://swprs.org/a-swiss-doctor-on-covid-19/

There are many links to papers, comments and articles by doctors and other specialists who are arguing that the virus is clearly not as deadly as feared. For example, the serology survey that's in the first link under the April 18th update was discussed here on HN just recently.

That's good news, by the way! Don't you hope they're right? My experience is that some people posting on HN don't actually want to study what people bringing good news are saying.

Re:It’s Time to Build by KirinDave on Sunday April 19, 2020 @01:56PM (#22917514)
Sorry, I already have decided in another post your "Swiss Doctor's" summary isnt't very credible and that National Review article seems to have an awful lot of hedging in it.

Thank you for the effort, but I don't believe there is much more to say on the subject.

Re:It’s Time to Build by adventured on Sunday April 19, 2020 @03:51PM (#22918299)
> Thank you for the effort, but I don't believe there is much more to say on the subject.

You were wrong about what you claimed. That certainly needed to be acknowledged given your responses here.

The parent answered your false claim, with what Cuomo said and what is actual fact: NY does not have ventilator shortages.

Politico: "New York sending 100 ventilators to New Jersey"

https://www.politico.com/states/new-york/albany/story/2020/0...

ABC Grand Rapids: "New York, California send Michigan ventilators for coronavirus relief"

https://www.wzzm13.com/article/news/health/coronavirus/new-y...

ABC Baltimore: "New York sending 50 ventilators to Maryland"

> "In our hour of need, other states stepped up to help us. We promised we would do the same," Gov. Andrew Cuomo said on Twitter Wednesday.

https://www.wmar2news.com/news/state/new-york-sending-50-ven...

Re:It’s Time to Build by KirinDave on Sunday April 19, 2020 @09:38PM (#22920381)
I'm sorry, you're right. There was a narrow window where there were concerns, but that passed. New York DOEs face ICU bed shortages.

My response here was mostly dismissive because the poster above is clearly trying to downplay the crisis for reasons I can only speculate on. After taking a lot of time to read through the poster's previous links, I'm quite frustrated with how much time I wasted on disingenuous garbage links.

But yes, I lumped Seattle (which briefly did have a ventilator shortage) in with New York on ventilators. This is pretty much the only thing I was wrong about and I'll take this opportunity to own up. But I won't engage earnestly with the previous poster any further.

Re:It’s Time to Build by DanBC on Monday April 20, 2020 @07:16AM (#22922869)
You're failing to take into account the triage onto palliative care pathways of many older people.
Re:It’s Time to Build by simonspurr on Sunday April 19, 2020 @09:45AM (#22915836)
Please could you link some of the papers you mention on the scale of the coronavirus problem? I'm not doubting they exist, I'd just be interested to have a read.
Re:It’s Time to Build by thu2111 on Sunday April 19, 2020 @11:26AM (#22916526)
This page has many links to such papers:

https://swprs.org/a-swiss-doctor-on-covid-19/

Re:It’s Time to Build by KirinDave on Sunday April 19, 2020 @11:56AM (#22916691)
"A swiss doctor on COVID-19," huh? Well since it's written by a doctor we should give it the benefit of the doubt and read the page and the links. But I confess, upon doing so I find that this is a page full of good (and in some cases, familiar) resources presented in a way that reminds me of a well-produced climate science denial websites.

That's an incendiary claim, so please let me provide an example. Here's point 4 on the overview:

> The age and risk profile of deaths thus essentially corresponds to normal mortality. Up to 60% of all Covid19-related deaths have occurred in particularly vulnerable nursing homes.

"Nursing homes" is highlighted and links to an article talking about mortality in nursing homes and long term care facilities. It is both cautious about its claims (pointing out data is not very good yet) an doesn't make the point that nursing homes are in fact the fatality concentration point. It's not clear how we'd draw a larger conclusion from this.

Another example, next point:

> Many media reports of young and healthy people dying from Covid19 have proven to be false upon closer inspection. Many of these people either (did not)[1] die from Covid19 or they in fact had (serious preconditions)[2] (such as undiagnosed leukaemia).

Firstly, I'm not sure anyone has disputed that young people are much less likely to die of the virus. But there are two links in this point, one to a Daily Mail article about how a coroner is waiting for a toxicology report before ruling the cause of death is COVID-19. This is probably the right call, but an infant testing positive for COVID-19 appears to have died over respiratory distress. It's difficult to just shrug and go, "Oh well that's SIDS not the virus even though the nature of the death is identical."

Really, these points read like someone with an agenda trying to make a lot of cites for legitimacy. But there isn't a lot of evidence of a larger pattern here, just a lot of data which is then presented in a leading way to facilitate a narrative.

Another example of this:

> The often shown exponential curves of “corona cases” are (misleading)[3], since the number of tests also increases exponentially. In most countries, the ratio of positive tests to total tests either remains constant between (5% to 25%)[4] or increases rather slowly.

This is another really misleading bullet point. Looking at [4], we see indeed that the over-time ratio of tests has remained at an average of 25% positive by country (this is of course averaged, hotspots see totally different numbers). But the author has previously pointed out that testing administration has risen exponentially, so this is a constant proportion of an exponential population. If we decline to extrapolate from this, the author cannot make their point. But if we do, we see an exponential growth in COVID-19 cases.

I see more examples but I won't further belabor the point. This resource is written by someone with an agenda they want to execute on. It doesn't appear to be someone honestly engaging in inquiry and arriving at a data-driven conclusion.

[0]: https://ltccovid.org/2020/04/12/mortality-associated-with-co...

[1]: https://www.dailymail.co.uk/news/article-8193487/Coroner-ref...

[2]: https://sports.yahoo.com/spanish-football-coach-francisco-ga...

[3]: https://multipolar-magazin.de/artikel/coronavirus-irrefuhrun...

[4]: https://web.archive.org/web/20200415203945/https://mobile.tw...

Re:It’s Time to Build by manfredo on Sunday April 19, 2020 @03:41PM (#22918248)
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Re:It’s Time to Build by SECProto on Sunday April 19, 2020 @04:09PM (#22918408)
> I really can't help but appreciate the irony of alleging agenda in the above poster's sources, while simultaneously citing the Daily Mail, Yahoo Sports, and Twitter.

The post you're replying to did not use those as sources. They were criticizing the website for using those sources (and including them here for reference). Look at the locations of [1] thru [4] in their comment: they're all in the body of quotes.

Re:It’s Time to Build by manfredo on Sunday April 19, 2020 @04:16PM (#22918461)
Thanks for pointing this out, I'll remove the above comment.
Re:It’s Time to Build by DanBC on Monday April 20, 2020 @07:14AM (#22922864)
> I'm actually on Marc's side on this one, in that I suspect current FDA approval processes are overkill.

As I understand it FDA didn't approve Pandemrix, while EU regulators did give it fast track appeal.

Pandemrix causes narcolepsy in 1 in 60,000 people who take it. (so, for the entire US that's about 5000 with a life long debilitating illness that requires constant care.) The risk is very low, but it's there and we need to be careful about exposing a population of hundreds of millions to these risks just because we have an ideological opposition to any form of government regulation.

Re:It’s Time to Build by thu2111 on Wednesday April 22, 2020 @09:51AM (#22945517)
It's hard to form an opinion on that case without knowing more about Pandremix. How many people did it help? Is the illness it treats worse than narcolepsy? How many people are wrongly prescribed it?

I also wonder what kind of study found such a tiny effect size. 1 in 60,000 would require a staggeringly powerful study to successfully link it to Pandremix.

Not saying you're wrong about any of that, and I suppose I could go research these questions myself. But based solely on what you wrote I don't think there's any way to tell if that decision was good or bad.

Re:It’s Time to Build by malandrew on Monday April 20, 2020 @12:29PM (#22925459)
> The moneyed classes of America don't like redundancy and they don't like long term investments.

This class denigrating language does nothing to elevate the discussion and it is absolutely false (in the sense that it is only a "truth" within your worldview and the worldview of others who share it), and it is false in the sense that it doesn't accurately describe the behaviors of individuals in the "moneyed class".

The "moneyed classes" as you call it if anything have more redundancy and longer term investments that most other classes. It is incredibly rare for anyone in the "moneyed classes" to not have a balanced portfolio of investments that add in fiscal redundancy in case one investment goes bad. The portfolios are also balanced insofar as balancing short term and long term growth depending on their investment horizon.

The problems you've identified have far more to do with a coordination problem than the vices of individuals.

The "moneyed class" is not one coordinated hive mind mass that all conspire with one another to avoid redundancy and eschew long term investments.

The "moneyed class" like the "unmoneyed class" are all individual actors each acting in their own self interest and trying to figure out an optimal solution given limited imperfect information and handicapped by many cognitive biases.

Any system that is going to solve the issue of redundancy and long term investments needs to acknowledge the reality of limited imperfective information and cognitive biases and the impact these have on human reasoning and the subsequent actions of individuals.

Re:It’s Time to Build by tlb on Saturday April 18, 2020 @07:56PM (#22912168)
Getting an answer from a court (is X legal?) takes a long time: at least a few years and several hundred thousand dollars. Far too long to wait before building a business around X. Asking people to build the business first and then find out if it's legal isn't how a society of laws is supposed to work.

Fast courts would be a huge benefit to society.

Re:It’s Time to Build by pmarca on Saturday April 18, 2020 @10:21PM (#22912926)
Yes! Law = code. Law should be turned into code, and made available to everyone. A great current attempt is https://donotpay.com/
Re:It’s Time to Build by dodobirdlord on Saturday April 18, 2020 @11:27PM (#22913265)
No, law is not code and it’s very important that it’s not code. Law is subject to interpretation, and that’s great. When bugs are discovered in law, they can be retroactively corrected.
Re:It’s Time to Build by pmarca on Saturday April 18, 2020 @11:39PM (#22913315)
Are bugs discovered and corrected faster today in law or in code?
Re:It’s Time to Build by PeterisP on Sunday April 19, 2020 @04:50AM (#22914485)
The key part is that the court system can correct for a bug before the law itself is changed; it's a way to fix things as the code is being executed for a particular case, before the developers have even identified how/if the bug applies for other cases and figured out a general fix, much less implemented one.
Re:It’s Time to Build by jka on Sunday April 19, 2020 @05:27AM (#22914613)
In each case it may depend upon the 'application'.

For easily-understood fields undergoing well-scrutinized legal code changes it's (presumably) likely that legal drafting issues can be caught and fixed early.

Conversely, in software projects (even open source ones) where the users and authors are few and/or fail to pay attention to mistakes and errors, it could take years to report and fix issues.

All that said, in the presence of a mindful, careful and effective engineering team with responsive users, it does seem that software - or at least software processes like source control, code review and the democratized ability to contribute code changes - has an evolutionary advantage.

Re:It’s Time to Build by mengwong on Sunday April 19, 2020 @08:04AM (#22915300)
Things are happening at the bleeding edge of computational law that move this debate into new territory.

(TL;DR: yes, "law is code". And $10M of fresh funding says law should be open-source code, to be precise. Hackers wanted.)

Background: the "Rules as Code" movement is bringing software engineering practices to the drafting of law. https://govinsider.asia/inclusive-gov/four-things-you-should...

The premise: the judiciary is one source of authority; the legislature is another. If we treat contracts and laws as executable programs and specifications, we want to find bugs at compile time, because handling exceptions at run-time is called "going to court".

How do we find bugs at compile time? Static analysis. Formal methods. Formal verification methodologies (Lamport's TLA+, MIT's Alloy) applied to contracts and laws make it possible to SAT-solve for loopholes ("sploits") that violate LTL/CTL specifications. Once law is code you can go full white-hat/black-hat. Automate the fuzzing. https://www.theatlantic.com/technology/archive/2017/09/savin...

Maybe we don't always want "law as code" ... for, say, criminal law. Judicial discretion is important. Human judgement matters. Though if an overworked public defender can only spare two hours out of the hundred you deserve, the robolawyer starts to sound more attractive. What if we send Watson to law school? If you're hunting for a way to stay out of jail, wouldn't you want Deep Blue and AlphaGo to help you find it? https://www.nytimes.com/interactive/2019/01/31/us/public-def...

There are plenty of black-and-white areas where the rules don't invite human interpretation: mostly things to do with finances -- like how DoNotPay.com can help apply for unemployment. Even in those domains, there are deep, deep pockets lobbying against the kinds of freedom (as in speech, and as in beer) that "law as code" promises. https://www.propublica.org/article/inside-turbotax-20-year-f...

But, you ask, what about the knowledge acquisition bottleneck? Ah, yes, the AI Winter. Ontologies (SUMO, OWL, UFO-L), visual modeling notations (BPMN, DMN), and a new generation of tools (Flora-2, Protégé) take a new whack at that problem without going anywhere near machine learning and neural nets, which typically lack the nuance you need when every comma counts. https://www.bbc.com/worklife/article/20180723-the-commas-tha...

Spring is coming. The vision for computable law, as laid out by Michael Genesereth at Stanford's CodeX Center, is for software that does for legal reasoning what the spreadsheet does for quantitative reasoning. (Who's Michael Genesereth? You've heard of Russell & Norvig's textbook on AI. He was Stuart Russell's Ph.D advisor.) https://dl.acm.org/doi/10.1145/1165485.1165517

Is there any money in this? Hell, yes. In the US, DoNotPay is running a pitch-perfect Christensen disruption playbook. Outside the US, the EU has issued a half-million-euro tender for exactly the Rules As Code thing mentioned above: machine-readable-and-executable regulations. See section 1.4.2 of the PDF at https://etendering.ted.europa.eu/document/document-old-versi...

Oh, and as of last month, Singapore has just thrown $10M behind a project to turn the "law as code" vision into open source software that you can clone off Github.

I've been researching computational law since 2015, and a picture of the future legal tech stack is coming together in my head: open-source, open-standards, laws and contracts drafted in a domain-specific language from the start; libraries of clauses, linters and interpreters and unit testers and theorem provers built into the IDE, that find bugs in contracts in real time as you edit; compilers to English and other languages; model-driven architectures that flow from the specification to the app.

Once that legal stack is downloadable and accessible to the geeks of the world, then, as Joshua Browder would say, DoNotPay a law firm thousands of dollars just to copy and paste a Word doc out of their library. The law firm is not the customer -- as Atrium proved, expensively.

To help move this stack out of my head and into Github, the SG government is funding the development of open-source software targeted to real-world use cases, for drafting rules and contracts in a DSL. They've approved a grant for my small team (hi, Alexis! <3) to hire people to make it happen. https://www.thetechnolawgist.com/2020/03/31/legalese-singapo...

(Why Singapore? Fun fact: it's the only country in the world whose prime minister has degrees in mathematics and computer science.) https://twitter.com/leehsienloong/status/595166789660647426?...

If you're in a position to move to Singapore (whenever air travel reboots) ... and have skills in obscure but powerful technologies (or want to gain those skills) ... and want to help design a language that could be the basis for the next iteration of the legal industry ... we're hiring: https://computational.law/hiring

Re:It’s Time to Build by vinay_ys on Sunday April 19, 2020 @10:02AM (#22915967)
I can see the attraction in making rules/regulation as code. But there is a downside we should be cautious of. Making law into code doesn't necessarily make it more readable/understandable or clearer for humans. In fact, making it into code will make it scalable to add lots of rules (very prescriptive, not derivable from a set of core principles) making them hard to comprehend for anyone but a rules evaluation engine. Anyone who has implemented a business rules engine and operated it in a complex workflow domain (like say e-commerce or banking) knows what I'm talking about. Then, when the machine renders judgement, we will need technical engineers to debug/explain/interpret why the machine evaluated all the rules to this particular judgement. There will also be potential for modeling the legal context of a particular case incorrectly while feeding it to the machine which can make the machine render incorrect judgment. Now, how will you appeal this decision?
Re:It’s Time to Build by mengwong on Sunday April 19, 2020 @10:39AM (#22916200)
You're quite right. Garbage in, garbage out. And if the cost of generating garbage goes down, we're going to get a lot more of it! There are definite risks in misinterpretation and complexity and cruft. As Genesereth quoted:

The Lord's Prayer is 66 words, the Gettysburg Address is 286 words, there are 1,322 words in the Declaration of Independence, but government regulations on the sale of cabbage total 26,911 words.

So, we will have be on our guard. The hope is that if the rules are open and machine-readable, we will be able to counter with software that sides with the user and helps to mount the sort of response that in the past was only available to corporations with very deep pockets.

One intriguing approach is to submit test cases: concrete scenarios, or traces of events, that should result in certain desired outcomes. A diverse range of people in different circumstances could be collected in a comprehensive test suite. If the contract/law passes the test suite, you're good! You can imagine two legislators from different parties with different constituents and concerns, each bringing their set of test cases; and when the negotiated compromise passes enough tests, they proceed, without ever actually reading the text of the bill, lol.

Re:It’s Time to Build by kwhitefoot on Monday April 20, 2020 @04:43AM (#22922210)
> If the contract/law passes the test suite, you're good!

Not necessarily, you risk the same sort of problems suffered by naïve statisticians who over-fit their data with ever more complicated models. This leads to erratic behaviour in real life and severe lack of predictability outside the range already covered by the data.

You need to run some kind of sensitivity analysis as well because the components used in the implementation (policemen, lawyers, auditors, traffic wardens, etc.) are not all of perfect quality. Think of an audio amplifier design, it looks wonderful on paper and works perfectly in the simulator. But fails spectacularly when built of real world components because each component is not quite exactly as specified. A sensitivity analysis can discover this by, for example, running the simulation multiple times with each component varied according to its expected quality (say +/- 10% for resistors, +/- 30 percent for transistor gain, etc.)

Re:It’s Time to Build by lucio on Sunday April 19, 2020 @12:40PM (#22916996)
>government regulations on the sale of cabbage total 26,911 words

The only solution is mostly forbid government regulation except for critical things, of which "sale of cabbage" and ten of thousands others now currently regulated are not.

In order to do that within a Democracy, you have to dispel the unconscious notion (that a lot of modern voters have), that the government is a father/mother figure that has unlimited resources, can't make mistakes, and its operated by saints with the "common good" in mind 24/7.

Re:It’s Time to Build by lucio on Sunday April 19, 2020 @12:32PM (#22916934)
Maybe force the lawmakers to include a text explaining the "spirit" of the law, also including indicators to the law effectiveness. For example, a law is implemented to bring down then "car accidents per million" indicator. If one year later car accidents are the same or more then the law is scrapped.

What you propose of robo-lawyers and law as code sounds as the script for a futuristic Kafka's "The Process" as an episode of Black Mirror.

Re:It’s Time to Build by WanderPanda on Sunday April 19, 2020 @09:58AM (#22915941)
This made my day! Wish you all the best and hope that this will materialize. Who needs skyscrapers and stuff (Marc is writing about) if you can have computational law?! In the meantime I will try to escape the country that will adopt such techniques the last: ol Germany
Re:It’s Time to Build by 0x8BADF00D on Sunday April 19, 2020 @02:16AM (#22913944)
Sure, but is immutability more important in law or in code? Updating a smart contract seems to be as tedious as changing a law.
Re:It’s Time to Build by atoav on Sunday April 19, 2020 @01:31AM (#22913779)
Yes
Re:It’s Time to Build by mdonahoe on Sunday April 19, 2020 @11:42PM (#22920915)
“Law is subject to interpretation, and that’s great.”

I’m not sure it is always great.

Studies show racism[1] and hunger[2] and can impact sentencing judgments.

> When bugs are discovered in law, they can be retroactively corrected.

How is that different than software?

1. https://www.washingtonpost.com/news/wonk/wp/2017/11/16/black...

2. https://www.theguardian.com/law/2011/apr/11/judges-lenient-b...

Re:It’s Time to Build by drewbug on Sunday April 19, 2020 @12:10AM (#22913446)
Re:It’s Time to Build by aantthony on Monday April 20, 2020 @08:59PM (#22930729)
Law should be objectively decidable. Thousands upon thousands of pages of enigmatic legalistic nonsense make it impossible to predict a legal decision. When there is this much law, it becomes a paradox where the result is actually lawless - it becomes the whim of a judge's interpretation.
Re:It’s Time to Build by hluska on Sunday April 19, 2020 @09:45AM (#22915845)
I’m a big fan of anything that will bring effective legal access to everyone. Technology will definitely play a role, but so will legal deregulation. Lots of jurisdictions are experimenting with opening up certain areas of legal practice to people who aren’t lawyers. And they’re rebuilding systems (alongside technology) to make them easier to access without attorneys.

The troubling part is that at some point, we need to tackle electoral reform. Even if we tackle the legal system and provide effective legal access to everyone, we’ll still be a long ways from tackling mass disillusionment. Hell, in lots of cases, disillusionment and/or disenfranchisement are logical results of history!

Anyways, good comment!

Re:It’s Time to Build by CommonAccord on Sunday April 19, 2020 @11:39PM (#22920908)
A piece of this is to eliminate the friction of legal text by open sourcing legal templates, in a graph, on GitHub. The key word here is "source." Legal documents currently are blobs, not source. See github.com/CommonAccord/ Lots of exampless, including the YC SAFES, Series Seed, GA4GH data sharing, etc. It's not full algorithmic, but compatible with algorithmic approaches, like Mike Genesereth's and Meng's.
Re:It’s Time to Build by vinay_ys on Sunday April 19, 2020 @09:47AM (#22915859)
It seems donotpay can get you into a legal engagement easily, but the other party can tie you up in more legal battles that donotpay doesn't yet handle and then you are screwed if you can't hire and pay expensive lawyers.
Re:It’s Time to Build by baryphonic on Saturday April 18, 2020 @09:24PM (#22912665)
This is also a failure to build. We just accept it as a given that courts take too long, judges are too lazy to get their opinions out in a timely manner and the legal profession too often gets fat fees for slow-walking legal proceedings when technology exists to make expeditious dispute resolution much faster. For example, I can think of no reason why we can't mandate that discovery must use electronic format unless the information was never before recorded in an online electronic system. Given that I have never seen a functioning typewriter in a corporate office, I imagine that would smooth things a bit.

Also, just as a matter of how the US legal system works, the presumption is that someone is innocent until challenged, whether by the state or by a private party. A prospective business could not file a petition with a court asking if their conduct was legal or not, since it's not really a controversy. But businesses will always do loads of due diligence with lawyers beforehand, who should help identify areas of legal risk.

Re:It’s Time to Build by Animats on Saturday April 18, 2020 @10:55PM (#22913107)
Read "Why Courts Don't Work" by Richard Neeley, who used to be chief justice of the West Virginia supreme court. Courts don't work because a lot of people don't want them to work. If you could get a judgement in a week in a minor labor case, employers would have to obey labor law, for example.
Re:It’s Time to Build by pmarca on Saturday April 18, 2020 @11:38PM (#22913313)
Re:It’s Time to Build by watwut on Sunday April 19, 2020 @03:45AM (#22914268)
> We just accept it as a given that courts take too long, judges are too lazy to get their opinions out in a timely manner

Is it being lazy or rather having tons of work that needs to be done too?

Re:It’s Time to Build by mkolodny on Saturday April 18, 2020 @08:59PM (#22912526)
This is exactly how two of the biggest startups of the past 15 years - Airbnb and Uber - were built.

Airbnb and Uber built products that were in a legal gray area. Lawmakers are still catching up to them.

Re:It’s Time to Build by pbourke on Sunday April 19, 2020 @02:37AM (#22914028)
Key to their strategy was having deep enough pockets to fight many simultaneous legal and PR battles.
Re:It’s Time to Build by TeMPOraL on Sunday April 19, 2020 @05:46AM (#22914674)
Which is enabled by VC funding, which IMO makes them complicit on a systemic level. It's arguable whether you can blame a particular investor for Uber's thoroughly rotten and antisocial business model - but once you see more of such startups getting funded left and right, it's fair to ask the question, "why such business model is even a possible option".
Re:It’s Time to Build by jmastrangelo on Sunday April 19, 2020 @08:24AM (#22915418)
I don't agree that Uber's business model is fundamentally "rotten and antisocial". Short range point to point transport (cabs) was awful before Uber and Lyft. The rides are easier to get, the drivers are less likely to screw you over, and you know in advance just how much things will cost.

I'm glad they took on a legal gray area because cabs had completely used regulatory capture to get away with being a terrible service to the public.

Re:It’s Time to Build by TeMPOraL on Sunday April 19, 2020 @10:00AM (#22915947)
I'm talking about the "it's better to force forgiveness than ask for permission" part, and they weren't in grey area - in a lot of places, they were doing plainly illegal business. I'm talking about their business model of "let's do illegal business and use deep pockets to keep regulators at bay, until we get enough public support to make ourselves invulnerable". Also known as totally unfair competition. I'm also talking about insurance and worker rights shenanigans, and a host of other sociopathic behaviors their management exhibited (all reported on in detail over the past years).

On top of that, cabs were awful in some cities in some places around the world. They worked well enough in others. Over here (Kraków area, Poland), we had private point-to-point transport companies that managed to change the law through a proper court process, like civilized people do.

Re:It’s Time to Build by ovi256 on Sunday April 19, 2020 @10:28AM (#22916136)
>rotten and antisocial business model

What's rotten and antisocial about providing cheap, reliable transportation ?

Re:It’s Time to Build by TeMPOraL on Sunday April 19, 2020 @10:29AM (#22916140)
It's about how it's being provided. The history of Uber's sociopathic and often outright illegal behavior is long and well-documented.
Re:It’s Time to Build by Thriptic on Sunday April 19, 2020 @09:37AM (#22915788)
Key to their strategy was actually providing the public with something most people actually wanted, regardless of legality. Very few lawmakers want to aggressively go against public sentiment just because the law says they should.
Re:It’s Time to Build by pbourke on Sunday April 19, 2020 @11:16AM (#22916453)
> Key to their strategy was actually providing the public with something most people actually wanted

The people who want the service are not necessarily the same as the people who are affected by the externalities of the service.

Everyone loves having AirBnb available to expand selection in NYC when they visit, but how many New Yorkers who aren’t AirBnb hosts love having tons of short term rentals in their building?

Re:It’s Time to Build by Thriptic on Sunday April 19, 2020 @11:25AM (#22916514)
I agree that people didn't really understand what they were getting into fully when they initially agitated for it, but it's definitely the case that there was broad initial public support which is what allowed the companies to get a foothold.
Re:It’s Time to Build by jimmaswell on Saturday April 18, 2020 @11:36PM (#22913302)
Seems like a good approach to me. Imagine if they waited and we were still stuck with taxis.
Re:It’s Time to Build by mengwong on Sunday April 19, 2020 @06:46AM (#22914885)
Technology innovation: "Can it be done?"

Market innovation: "Should it be done?"

Regulatory innovation: "May it be done?"

Re:It’s Time to Build by MattGaiser on Saturday April 18, 2020 @08:00PM (#22912190)
I also don't think you can just ask a court to answer a hypothetical in a binding way. You basically need to get into the legal problem first.
Re:It’s Time to Build by freeone3000 on Saturday April 18, 2020 @08:06PM (#22912218)
This is an American doctrine, that there must be an "actual case or controversy" - Canadian courts can and do issue advisory opinions to interpret regulation.
Re:It’s Time to Build by Jommi on Saturday April 18, 2020 @10:49PM (#22913074)
Which are still usually advisory and not legally binding advice.
Re:It’s Time to Build by TeMPOraL on Sunday April 19, 2020 @05:48AM (#22914679)
I would hope they go a long way towards reducing your responsibility if you follow one and then run into a legal problem because of it.
Re:It’s Time to Build by loteck on Saturday April 18, 2020 @08:56PM (#22912503)
Pre-enforcement lawsuits do exist to answer questions for parties prior to taking actions that would result in liability. One was just recently decided in favor of the ACLU.

https://www.techdirt.com/articles/20200402/13055544225/dc-co...

Re:It’s Time to Build by mattbk1 on Saturday April 18, 2020 @10:23PM (#22912937)
Not a court, but government agencies can and do issue "guidance" documents after receiving feedback. For example, the EPA guidance on Class VI (CO2) injection wells [1] and IRS guidance on 45Q CO2 capture and storage credits [2]

[1] https://www.epa.gov/uic/class-vi-guidance-documents

[2] https://www.irs.gov/newsroom/irs-provides-answers-and-a-safe....

Re:It’s Time to Build by nerfhammer on Saturday April 18, 2020 @09:03PM (#22912552)
is that what suing for "declaratory relief" is, or is that only for civil law?
Re:It’s Time to Build by darkerside on Saturday April 18, 2020 @10:33PM (#22912996)
Problem is, the faster courts are, the more likely people are to actually wait for them, which ends up a net slowdown. Really the only path to success is, take a risk to try to beat the competition and hope the courts side with you in the end. And if you're successful, they probably will.
Re:It’s Time to Build by Aeolun on Saturday April 18, 2020 @11:26PM (#22913260)
Build more courts until they can deal with the volume, or fix so your laws so that less people need to go to court
Re:It’s Time to Build by Gfran on Sunday April 19, 2020 @01:59AM (#22913890)
IMO this is a classic case of loss aversion. Enforcers of law are put in a position to make subjective decisions that impact them personally. They don’t want to make a decision. They want someone else to make a decision. Decision stew until they can be disassociated with any person or group. This takes time. Usually the decision is tempered to absolve all parties and thus be convoluted and misinterpreted. Rinse and repeat.
Re:It’s Time to Build by dunkelheit on Sunday April 19, 2020 @05:34AM (#22914648)
I don't get why everybody is raving about "Why Nations Fail". Their definitions of inclusive/extractive institutions seem hopelessly muddled. It is almost as if they've collected all the stuff they liked in prosperous countries and called it "inclusive" and then did the same with all the stuff they disliked in impoverished dictatorships and called it "extractive". If you try to distill a succinct definition of these concepts and then apply it, you run into contradictions such as (borrowing an example from Fukuyama): "The Indian political system is so inclusive that it can’t begin major infrastructure projects because of all the lawsuits and democratic protest, especially when compared to the extractive Chinese one."

If the thesis is "institutions are important for prosperity", it is kind of obvious. But the book does little to explain exactly what kind of institutions.

Re:It’s Time to Build by nswest23 on Sunday April 19, 2020 @09:43AM (#22915824)
thank you, _Why Nations Fail_ is partisan hackery.
Re:It’s Time to Build by jakub_g on Sunday April 19, 2020 @06:10AM (#22914743)
> I heard a few years back that a US health insurance startup had to provide on the order of 6000 pages of documentation to be approved. No wonder that there hadn't been another provider for twenty years or so. It seems like some things are hard to build mostly because some people want it that way.

Very often regulation starts lean, then inevitably some assholes take advantage of it to their profit, so the regulation becomes more and more specific and complex. Rinse and repeat.

It starts at individual level. In France, health insurance providers started reimbursing eyewear, with a rule "one pair of glasses each 2 years". Now everyone buys new glasses every 2 years, sharp, because "I'm paying for it", even if they don't really need new glasses. Stuff like this make insurance price go up for everyone as a result, which incentivizes you even more to be an abuser. The rules are now more strict about the how much is reimbursed, because people obviously go for most expensive Gucci frames allowed.

Re:It’s Time to Build by eisa01 on Sunday April 19, 2020 @10:02AM (#22915958)
Insurance is not meant to cover routine purchases, it's meant to cover purchases that are unexpected and too large to cover.

We have a publicly paid health system in Norway, but we still have: * Copays until you reach €200 * No dental coverage for routine operations (only major surgeries) * No eyewear coverage (I assume if you have some eye illness requiring surgery or similar it will be covered)

Seems to work fine, and that France should change what insurance does cover

Re:It’s Time to Build by silexia on Sunday April 19, 2020 @09:39AM (#22915800)
I think the single biggest roadblock to building new things is regulation. How do we eliminate most regulations, and simplify the rest to fight off regulatory capture?

What if we had a github for laws and required that anybody who worked on a law use their real name and if they were paid by a company they had to list how much?

Re:It’s Time to Build by marcus_holmes on Sunday April 19, 2020 @05:18PM (#22918880)
Regulation is all about stopping people from getting taken advantage of, or hurt, usually by their own decisions.

Financial regulation is mostly about stopping people from selling dodgy investment schemes that are some variant of Ponzi.

Health and Safety regulation is mostly about stopping people from doing stupid things that might kill them.

FDA is about stopping Snake Oil salesmen. And y'know, making sure the drugs we're sold don't make us worse.

You can see it coming in the Cryptocurrency world - people lose money on stupid bets and then feel that someone else should have done something to stop this. Someone being the regulatory agencies.

So what would a solid set of regulations for crypto look like? What process would you devise that would result in a set of rules that prevented most of the crooks from profiting from their crookedness, while allowing honest folks to make some money investing in crypto?

Re:It’s Time to Build by jakub_g on Sunday April 19, 2020 @09:48AM (#22915862)
"Use GitHub for lawmaking" is something I've had in mind for a long time. However, not sure how this could work in practice.

I've heard from a friend of mine who used to work for Deloitte (or similar kind of company) that on practical level, lawmaking often happens in those private consulting/lawyer's offices - it's not like a MPs sits down and write stuff down themselves. So the git commit would say "John Smith the lawyer" which tells you nothing.

There's probably also so many patches and reverts and rewrites going on that history would be really bloated. Or if you want nice history, you lose all those important nuances you wanted in first place ("who exactly put this comma here which changes the whole meaning?").

It would also probably horrendously slow down the law making process. (which might actually be a good thing in many scenarios!)

Re:It’s Time to Build by lucio on Sunday April 19, 2020 @12:43PM (#22917022)
so when (extra) cost goes to zero, the demand goes to infinity?
Re:It’s Time to Build by harryh on Saturday April 18, 2020 @09:00PM (#22912528)
Point being, why not write simpler laws and regulations and leave it to the courts to interpret what adheres to the spirit of it? With the barriers of entry gone, I think we'd see a renewed vitality to many ossified sectors.

I agree with your overall point, but you have the regulatory differences between the US and Europe exactly backwards. Europe (excluding England somewhat) has a statutory legal system. Things are either legal or illegal according to laws that have largely been written down ahead of time that anyone can go read and figure out.

In the US we have a common law system where much of our law is written by the courts in response to specific cases where judges interpret the general principles described in the "simpler laws" you speak of.

In practice this means that, under many circumstances, things move a lot slower in the US because of the time and expense of litigation (and even the threat of litigation). This is one of the reasons that it's harder to build things in the US. Our public transportation systems (trains, subways, etc) cost on the order of 5-10x more than similar ones in Europe. Our different legal systems is one of the big reasons why.

Re:It’s Time to Build by oxymoron on Saturday April 18, 2020 @09:19PM (#22912647)
I may not have expressed that point very well, but it seems like the common law system would encourage less explicit regulation rather than more, so that seems like a bit of a contradiction. Does the need for more litigation drive a desire to be more explicit in how statues are written?
Re:It’s Time to Build by 3ygun on Saturday April 18, 2020 @09:38PM (#22912735)
As the parent notes. The issue is if you have a simple law say "Do not dump harmful chemicals into waterways used for drinking, shipping, etc." this leads to a lot of litigation regarding what is a "harmful chemical". If instead you have it all spelled out "harmful chemicals being one of coal ash, hydrochloric acid, asbestos, ..." (don't quote me on these). Business's know what the variables/costs effecting operations are up front. Only reacting and being liable if the list changes through the political process.

The parent was saying the US approach instead define what a harmful chemical is after the fact. Leaving companies to need "insurance"/a cost benefit wager before something is built. Otherwise they could be screwed later after litigation.

IMO, I can see both sides but preferably I would want simpler laws from political processes which are then refined into explicit interpretations by subject matter expert strong government institutions. But we have lobbying/revolving door government employees and trashy textualists in the US so it doesn't work out that way...

[1] https://en.wikipedia.org/wiki/Textualism

Re:It’s Time to Build by BurningFrog on Saturday April 18, 2020 @10:48PM (#22913070)
I think the modern US version is different:

A federal 3 letter agency unilaterally writes detailed regulations, that are for practical purposes law.

One problem is that the regulatory agency gets captured by the industry, which means the regulation ends up being a way for the established industries and companies to make competition unfeasible.

Re:It’s Time to Build by bosswipe on Sunday April 19, 2020 @01:26AM (#22913755)
The regulatory capture conversation from the likes of pmarca is always about advocating reduction of regulation because otherwise the regulator starts working in favor of the big guys against the little guys. But to me that is the wrong way to look at regulatory capture. The antiregulation politicians are the ones that tend to put big business lobbyists in charge of regulation. We need good regulation, not less. Good regulation that evens the competitive playing field and protects exploitation of externalities. without regulation the bug guys lock in the rents with no space for competition. We need good regulation. But you don't vote for the antiregulation guy to get good regulation, he's trying to destroy regulation not improve it. Less government is a red herring, we need better government.
Re:It’s Time to Build by Thriptic on Sunday April 19, 2020 @10:08AM (#22915999)
Thing is, good regulation is extremely tough. A good regulator needs to deeply, deeply understand the industry, where it has been, where it is going, and what the problems are; they need to deeply understand the spirit of existing laws rather than the letter of the law and be ready to thoughtfully and creatively deal with edge cases; they need to have some risk tolerance to allow for growth while still protecting people; they need to be able to balance the interests of competing groups; they need to be able to be proactive / innovate rapidly in the face of changing conditions meaning they need to understand the bleeding edge and be consulting with the groups at it; they need to see big problems like pandemics coming and push people in the right direction; they need to resist the calls for deregulation for deregulation's sake from industry as well as resist the calls for regulation for regulation's sake from politicians who want to appear like they're doing something about a problem; they need to deeply care about the users they are charged with protecting; Finally, they have to have brass balls. They have to be unafraid of standing up to politicians / the public / industry and saying you are wrong or sorry, we were wrong.

It's really tough to find lots of people who can do all that for not much money / acclaim potential.

Re:It’s Time to Build by BurningFrog on Sunday April 19, 2020 @01:00PM (#22917133)
I believe what you call pmarca's view is also the view of researchers in the field. The term "regulatory capture" comes out of the Public Choice branch of Economics.

> We need good regulation, not less

The result of the research is that that is, in general impossible. Sure, some regulators do good work for some period. But the general forces and incentives in play push quite strongly towards the regulator being captured.

The better working alternatives are laws, where disputes or guilt are decided by courts. Since there is no regulator to capture in this scenario, things work pretty well. Of course, lawmakers can also be captured, but that's harder.

One fascinating* thing with the field of economics is that so m any thinks their opinion is worth as much as the expertise of professional in the field.

You routinely hear people confidently claim the economics field is wrong about things they've studied for decades or centuries, because of simple arguments that are all thoroughly accounted for in the beginner literature.

* or "infuriating", if you are an economist :)

Re:It’s Time to Build by bosswipe on Monday April 20, 2020 @01:44AM (#22921450)
Sorry but an argument from authority in the field of economics is not even a little bit convincing to me. Not only is economics a "social science", which are notorious for lack of rigour, but economics itself is purposefully bifurcated into biased partisan "schools". There are many economists which study solutions to regulatory capture who do not suggest that regulators should be cut, if you're only aware of one school of thought in this area then you've been looking in a limited bubble.
Re:It’s Time to Build by selectodude on Saturday April 18, 2020 @11:32PM (#22913282)
We'll see how long that continues to be the case. Chevron deference is under fire from our whackjob supreme court.

https://en.wikipedia.org/wiki/Chevron_U.S.A.,_Inc._v._Natura....

Re:It’s Time to Build by kbr2000 on Sunday April 19, 2020 @04:50AM (#22914486)
Not sure that is how the cookie crumbles, rather: it will be decided that chemical X is harmful at a certain dose, which leads to some permissible concentration Y of X, and that Y can then be used for regulation of disposing X.

A place that needs to dispose a certain volume of X with concentration >Y then pays a sort of a mixologist to dilute X to a concentration <=Y before dumping it all anyway (unless it would be less expensive and more practical to react X away).

Re:It’s Time to Build by harryh on Saturday April 18, 2020 @09:44PM (#22912762)
This is a great description. And, to be clear, I"m not really advocating for either system being better. Just pointing out some of their differences.
Re:It’s Time to Build by XorNot on Saturday April 18, 2020 @09:27PM (#22912681)
It means power is captured by those who can afford lawyers, and lawyers are expensive. There's no way to plan your risks up front in an area with not a lot of case-law, because you don't know them - your business plan now gets to be "hopefully we win this case in our favor in the next 3 years, but if it goes all the way to the supreme court..."
Re:It’s Time to Build by kds3 on Saturday April 18, 2020 @09:56PM (#22912810)
Lawyers are expensive only if _you_ have to pay for them. In English law (UK/EU) loser pays most lawyer's fees. This also disincentivizes businesses to start unwinnable cases in order to ruin other businesses with legal fees.
Re:It’s Time to Build by harryh on Saturday April 18, 2020 @09:21PM (#22912658)
Correct. Common law = less explicit legislature passed regulation. We have far less regulation of this kind in the US than in Europe BUT we have far more common law regulation.
Re:It’s Time to Build by renewiltord on Saturday April 18, 2020 @10:21PM (#22912923)
Yeah, but when the practice of this is different with it often being up to regulators what actually is allowed and what isn't. The obvious recent example is that GDPR enforcement is (often intentionally) not strictly following the letter of the law.
Re:It’s Time to Build by vanviegen on Sunday April 19, 2020 @02:57AM (#22914105)
Well, GDPR is not actually a law, but a framework that must be used by EU member states to implement their own laws. That may be one cause of local enforcement being not fully aligned with GDPR.

But yes, the local GDPR laws do seem to be intentionally underspecified, like you said.

Re:It’s Time to Build by bsanr2 on Saturday April 18, 2020 @11:06PM (#22913174)
Because a law is a machine to compact thousands of hours of ethical thought into an actionable doctrine. It's designed specifically to take the subjectivity and bias out of executing policy, which is introduced by a single (or small group of) human brain(s) working on a problem for a few weeks, at most. Courts are a last-ditch effort to jury-rig a conclusive plan of action to rectify whatever dilemma come before them; as with similar tasks, they're more expensive and time-consuming at-scale than just planning correctly at the outset.
Re:It’s Time to Build by csallen on Saturday April 18, 2020 @07:53PM (#22912149)
> why not write simpler laws and regulations and leave it to the courts

What incentives do lawmakers have to make laws simpler?

Re:It’s Time to Build by core-questions on Saturday April 18, 2020 @07:58PM (#22912182)
This is why judges cannot be the highest power - the people still need to be able to hold them accountable to ensure that the legal institutions don't become inaccessible to the common man.

(Not that they are accessible now... but it could be worse.)

Re:It’s Time to Build by casefields on Saturday April 18, 2020 @09:30PM (#22912699)
That was Scalia's point in his dissent of the gay marriage decision:

Scalia argues in his opinion that the court is increasingly creating policy rather than serving as a neutral arbiter.

“Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court,” he writes.

“This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves.”

https://thehill.com/blogs/blog-briefing-room/news/246249-sca...

People in one part of the country go to the courts, and force their will/values on the rest of the country. Activists across the political spectrum do it.

Re:It’s Time to Build by lotsofpulp on Sunday April 19, 2020 @04:17AM (#22914368)
It’s funny since that specific ruling is what stopped a minority of the US population from imposing their will/“values” on the rest of the country.

Clearly the electoral college and legislature is not setup properly to reflect the will of the people at this point in time, so we have a better chance of it happening from 9 Supreme Court judges.

Re:It’s Time to Build by watwut on Monday April 20, 2020 @02:24AM (#22921632)
Supreme Court judges are not reflecting popular will. They dont align with what the majority of population think.
Re:It’s Time to Build by BurningFrog on Saturday April 18, 2020 @08:26PM (#22912324)
How can we change incentives for lawmakers?
Re:It’s Time to Build by paulryanrogers on Saturday April 18, 2020 @08:53PM (#22912478)
Campaign finance reform, same day primaries nationwide, vigorously prosecute bribes and conflicts of interest, make corporate lobbying illegal, prevent industry careerists from holding office, prevent outgoing politicians from working in the industry for some cool off period

These things aren't hard they're just blocked by years of propaganda by incumbents.

Edit: forgot ranked choice voting

Re:It’s Time to Build by javajosh on Saturday April 18, 2020 @08:59PM (#22912518)
Introduce a rule that any new law should be submitted in the handwriting of its actual authors. And not the handwriting of interns, or staffers of the official authors, the author themselves.
Re:It’s Time to Build by CyanLite4 on Saturday April 18, 2020 @09:37PM (#22912732)
Congress has a 20% approval rating, polled weekly for over the past decade. Yet we vote every two years for the same folks who give us the same results. The problem isn’t them. It’s us.
Re:It’s Time to Build by renewiltord on Saturday April 18, 2020 @10:58PM (#22913126)
Why does US Congress approval rating matter? If I considered my congressperson 100/100 and everyone else 0/100, the House would get an overall rating of around zero.

Obviously since I can't elect members of the House of Representatives from other districts, I could totally approve of my congressperson and senator and it still not be my fault for the other guys in power.

Re:It’s Time to Build by brigandish on Saturday April 18, 2020 @10:03PM (#22912845)
I'd say the problem is one of competition. "We" cannot choose better legislators unless better legislators come forward for selection, but the incumbents - and by that I mean parties elected or not - have so much money and machinery behind them that to turf them out would be nigh on impossible.
Re:It’s Time to Build by lotsofpulp on Sunday April 19, 2020 @04:21AM (#22914378)
The problem is that each “we” is pulling to benefit themselves at all costs.

Hence giant military fighter jet contracts that span multiple congressmen’s districts around the country, and while being terrible for the future of the country, is untouchable politically as not a single person will vote against their economic interests.

Re:It’s Time to Build by Thriptic on Sunday April 19, 2020 @10:15AM (#22916056)
Exactly. It's hard to have collective reform without there being a collective.
Re:It’s Time to Build by csallen on Saturday April 18, 2020 @10:12PM (#22912893)
I was going to say the same. Lawmakers are elected officials. They're incentivized to do what gets them votes. And voters are concerned with the complexity of laws. Perhaps what we need is better education to create more informed voters. But if lawmakers are in charge of that, too, I'm not super hopeful.
Re:It’s Time to Build by nerfhammer on Saturday April 18, 2020 @10:42PM (#22913044)
voters say they want that, but do they ever monitor the complexity of any particular bill and vote differently next time strictly because of it?
Re:It’s Time to Build by vertak on Sunday April 19, 2020 @05:50PM (#22919083)
Doing this is very difficult and exhausting.

Several years ago I signed up to follow 3 politicians I cared about using this site https://www.govtrack.us/. Give it a try, and I think you'll see the deluge of laws, bills, and opinions is too much for a mere mortal mind with a 9-5.

I think this is why we talk about congresspersons' army of staffers and interns. You would not want a single person trying to deal with the complexity of all this information they need to have an informed opinion on in order to vote for/against.

Re:It’s Time to Build by csallen on Sunday April 19, 2020 @02:05PM (#22917581)
I misspoke. It's more likely that the vast majority of voters don't care about this issue, and in fact aren't even aware of it.
Re:It’s Time to Build by Vinceo on Saturday April 18, 2020 @10:45PM (#22913054)
For any new law submitted, two others have to be removed
Re:It’s Time to Build by a1369209993 on Sunday April 19, 2020 @03:05AM (#22914132)
This just leads to longer laws, you need to restrict number (and range, eg only stuff in the dictionary) of words.
Re:It’s Time to Build by marcosdumay on Sunday April 19, 2020 @02:08PM (#22917599)
Lawmaking word golf must be fun.
Re:It’s Time to Build by a1369209993 on Sunday April 19, 2020 @03:19PM (#22918120)
I said it was necessary; I never said it was sufficient.
Re:It’s Time to Build by m463 on Sunday April 19, 2020 @10:38AM (#22916193)
I thought the "remove two regulations to add one regulation" was an interesting hack.

Don't know if it's political rhetoric or even viable.

Re:It’s Time to Build by Barrin92 on Saturday April 18, 2020 @08:29PM (#22912346)
The inclusive vs extractive institutions mentality makes sense but I think in the exact reverse way then you suggest.

It's precisely because of the Wests (and like Marc says it really is the West) failure to respond to this crisis. It's the excess of inclusivity that leads to short term, ballot box decision making in response to crises, and it is the short term, market logic that leads to loss of autonomy and neglect of long term goals that Marc talks about in the piece.

It's the politication of a healhcare / virological crisis that renders responses ineffective. When the American president gins up armed protesters during a pandemic that is the direct result of the inclusivity praised in the book. It's crisis response turned into a media spectacle and an election campaign.

Efffective resopnse to the crisis was visible in East Asian countries in which 'elites' can govern without constant interference, and that's not a glorification of China, but also of democratic countries like Taiwan, or so-so democratic countries like Singapore. What they all have in common is that decisions are made by leadership which can act with the necessary degree of autonomy.

Re:It’s Time to Build by mattm on Sunday April 19, 2020 @04:23PM (#22918501)
> What they all have in common is that decisions are made by leadership which can act with the necessary degree of autonomy.

No, what they have in common is that they've been through this experience before with SARS, learned from it and setup procedures so they could act faster next time.

Re:It’s Time to Build by qplex on Saturday April 18, 2020 @09:15PM (#22912626)
All the recent outbreaks of viruses like this have originated from East Asia.

I really wouldnt give much praise to the great governing elite that failed to prevent this in the first place, despite scientists telling them about it a long time ago.

Re:It’s Time to Build by Barrin92 on Saturday April 18, 2020 @11:21PM (#22913237)
Not only is that factually incorrect as the other user pointed out, but you may be surprised that more than half of the worlds population lives in this circle (https://i.imgur.com/CK6aONG.jpg), so the fact that a lot of diseases originate there isn't as surprising as you might think.

Not to mention that diseases can break out everywhere, making the response to a pandemic significantly more important than trying to shift blame for what is essentially a game of chance.

Re:It’s Time to Build by tomp on Monday April 20, 2020 @05:20AM (#22922345)
It's still pretty surprising, and probably has more to do with cultural practices of eating all kinds of wild animals, than with population density.

How many diseases originated in India?

Re:It’s Time to Build by qplex on Saturday April 18, 2020 @11:35PM (#22913300)
>factually incorrect

It's not. SARS is from China.

>not to mention that diseases can break out everywhere

>essentially a game of chance

It's 100% preventable. Just cut contact with wildlife that spreads these viruses.

I'm only correcting the fallacy of praising any goverment that fails to address the root causes of these problems.

Re:It’s Time to Build by treis on Saturday April 18, 2020 @09:32PM (#22912708)
>All the recent outbreaks of viruses like this have originated from East Asia.

That's not true. Swine flu came from Mexico and MERS, as the name implies, started in the Middle East

Re:It’s Time to Build by qplex on Saturday April 18, 2020 @09:51PM (#22912794)
I do mean SARS which first surfaced in the 2000s in China.

Swine flu has been around for much longer, at least for 100 years.

Re:It’s Time to Build by Talanes on Sunday April 19, 2020 @03:13AM (#22914150)
Having one example and phrasing it to sound like multiple is misleading, imo.
Re:It’s Time to Build by qplex on Sunday April 19, 2020 @06:51AM (#22914903)
Sorry about that. It wasn't the point, as SARS is caused by many different strains of the same type of virus.

The first outbreak of SARS-CoV was identified in Foshan, Guangdong, China, in November 2002.

Thats almost 20 years ago.

Also Swine Infulenza does not originate from Mexico.

Re:It’s Time to Build by treis on Sunday April 19, 2020 @09:03AM (#22915624)
The flu colloquially known as swine flu from 2009 did start in Mexico.
Re:It’s Time to Build by betocmn on Saturday April 18, 2020 @08:39PM (#22912402)
"Why Nation Fails" is a phenomenal book. I'm sorry, but I have a hard time to think of US institutions as reasonable examples of how the author portraits creative destruction and extractive institutions.

I understand there might be some broken things in your nation's systems. Still, the fact you're able to discuss them here or work towards changing them through legal methods, shows the US is far off on the right track of constitutional rule and pluralism.

Re:It’s Time to Build by oxymoron on Saturday April 18, 2020 @08:59PM (#22912521)
Yeah, I generally agree. The book does highlight how much of it is hinged on contingency, though. The US has strong institutions, but the dynamic of having elites opposing change is still present, obviously. High barriers of entry is a prime example of how it can be done when other options are unavailable.
Re:It’s Time to Build by justicezyx on Saturday April 18, 2020 @08:59PM (#22912524)
Any recent example of a societal issue affecting American lives got fixed in American system?
Re:It’s Time to Build by refurb on Sunday April 19, 2020 @02:08AM (#22913916)
Medicare Part D coverage of prescription drugs. Seniors now have subsidized coverage for not a lot of money and the program costs less than the forecast.
Re:It’s Time to Build by pmarca on Sunday April 19, 2020 @10:58PM (#22920726)
A bunch are changing in real time right now. For example, telemedicine being full legalized and paid by government insurance, same as in person doctor visits.
Re:It’s Time to Build by IG_Semmelweiss on Saturday April 18, 2020 @09:16PM (#22912630)
I can think of 1

It used to be very expensive to travel between US cities because a govt agency (forget the name, maybe the board of air travel?) set the who what how could fly planes from a to b, and at what price. Think mad men times, panAm, etc.

That agency was eliminated circa 1980 by some stroke of luck and perfect alingment of planets. Ticket prices plummeted and this opened flying to the poor.

That was also the last time a US regulatory agency was disbanded.

Re:It’s Time to Build by camgunz on Sunday April 19, 2020 @01:51AM (#22913862)
This wasn't because of regulatory overhead, it was because they had created regional monopolies for the airlines. It's exactly like insurance (or prescription drugs, if you're thinking internationally) is now, and that industry wages a life and death fight every time that"deregulation" comes up. It's corporate welfare created by federal corruption.
Re:It’s Time to Build by refurb on Sunday April 19, 2020 @02:09AM (#22913920)
Right, the way the government regulated airlines is by creating monopolies.
Re:It’s Time to Build by lotsofpulp on Sunday April 19, 2020 @04:24AM (#22914386)
Is it possible that extremely high costs to enter the business, as well as extremely high operating costs mean that only the biggest airlines, with the most network benefits survive?
Re:It’s Time to Build by refurb on Sunday April 19, 2020 @01:54PM (#22917494)
Sure. It's not an either/or. An airline company is hard to start regardless of what the gov't does. However, parsing out routes and giving airlines monopolies on them adds a significant number of bricks to the wall.
Re:It’s Time to Build by aspenmayer on Saturday April 18, 2020 @10:45PM (#22913053)
We might soon have another federal regulatory agency disbanded but considering which one it is I’m not sure if that will be a good thing for anyone but banks.

https://www.scotusblog.com/2019/10/justices-to-review-consti...

https://www.nytimes.com/2020/03/03/us/supreme-court-consumer...

Re:It’s Time to Build by Frondo on Sunday April 19, 2020 @04:17AM (#22914367)
If that agency is disbanded, it will also be good for payday lenders.
Re:It’s Time to Build by PeterStuer on Monday April 20, 2020 @03:39AM (#22921942)
You are confusing regulation that protects the oligarchy, throwing spanners in the wheels of potential independent competitors, with regulation that effectively protects the health and safety of the people.

The US might have the former, but when Europeans refer to a lack of regulation in the US they mean the latter.

Re:It’s Time to Build by refurb on Sunday April 19, 2020 @01:33AM (#22913788)
I have no doubt that money drives burdensome regulations, but most regulations are put into place because someone screwed up and hurt people.

Yeah, there are a ton of regulations If you want to bring a new drug to market. That makes it super expensive to do.

But in exchange we get pharmaceuticals that work, are reasonable safe, and are based solid data.

Re:It’s Time to Build by camgunz on Sunday April 19, 2020 @12:24PM (#22916871)
Totally, spot on. I think a great next step would be democratize the system that performs those tests and works with the regulatory institutions so new pharma companies can focus on innovation. A reasonable analog are the fintech startups that provide APIs and say essentially "were regulated so you don't have to be". That stuff is important and we should DRY it up so we don't have to copy/paste it every time we start a company.
Re:It’s Time to Build by justin66 on Sunday April 19, 2020 @08:47AM (#22915545)
> I heard a few years back that a US health insurance startup had to provide on the order of 6000 pages of documentation to be approved. No wonder that there hadn't been another provider for twenty years or so.

I think the difficulty involved in spinning up an insurance company probably has literally nothing to do with those 6000 pages of documentation, but if I suspected otherwise, it would seem like what is actually on those pages is a lot more relevant than how many of them there are.

Re:It’s Time to Build by john_minsk on Sunday April 19, 2020 @04:45AM (#22914466)
And what would it solve? If you can enter the market but later on you are judged in the court for doing something wrong - you are better to be forced to think about it before you even start it.

The problem here is growing complexity, which governments doesn't recognize as a problem for some reason. There should be some institution in the government body, which primary goal would be to reduce complexity of governance.

Re:It’s Time to Build by xchaotic on Sunday April 19, 2020 @08:18AM (#22915374)
Funny enough, adding such role/institution adds complexity in itself
Re:It’s Time to Build by Meekro on Sunday April 19, 2020 @10:33PM (#22920637)
If it was just health insurance and similarly "risky" industries that required the 6000 pages, it wouldn't be so bad.

Earlier this year Lambda School (an online school where you watch videos and learn things) got fined $75k by a California regulator for the crime of teaching without a license. One single state license application required "2177 pages and weighed 25 pounds," and they're having to do this for many states.

[1] https://news.ycombinator.com/item?id=20555351 [2] https://twitter.com/Austen/status/1153450365712388096

Re:It’s Time to Build by jbkiv on Saturday April 18, 2020 @10:05PM (#22912852)
I respectfully disagree about what it takes to be approved as a health insurance COMPANY (as opposed to a broker). In fact I am quite happy that regulators require you to show that 1) you know what you are doing 2) you have a massive balance sheet to protect your customers if they need it. The point 2 is super important in the context of VC-backed companies. There is simply no way to build a massive insurance company that way, the return on equity is too low. Unlike airbnb you just don’t go out and raised $2B in debt because you are running out of money and you can’t pay claims. Regulators would step in way before, and they have done that multiple times.

Witness what is happening today: I have not heard from any health insurance company requesting a bailout (unlike most companies). State regulators are a pain in the neck, are conservative but - in your interest - they control how the insurance company uses their capital (you grow too fast = you must add more equity, a bit like working capital), and how you invest your money (they restrict the amount of equity you invest in). All in the interest of the consumers.

Think for a second: if the balance sheet of your health insurance company looked like the balance sheet of Softbank’s vision fund? Would you like to hear “we are sorry, we’ll have to stop your cancer treatment, we are out of money”.

Health insurance companies are regulated at both the State and Federal level. The goal is to make sure that they are fair and will pay the claims when you need that down the road. Like everything in financial services (your savings, your retirement fund, your health for you and your family) this is not the place for fly by night startups. While it is visually appealing to see a better UI, you hear startups "disrupting this dinosaur industry" but very few of them succeeded. And maybe it would be nice, but smart investors (after say series B or C) realize that the returns are not that great and the company requires a massive amount of equity, in fact locked in low risk investments/stable bonds.

Sure, you can target a very young workforce and ignore the sick, the old, the crippled, those overweight or whatever else there is. And you can make money within the startup ecosystem, when everybody works out, eats well, and is super healthy.

But it is simply illegal and my advice for you is to buy insurance from an old, stodgy company. Maybe a mutual company? I don't care if wework is out of money, I can always find space somewhere else. When you have cancer, or when you child is disabled, you don’t want to deal with insurance regulators who have seized the assets of your shiny new health insurance company startup.

There is no room for mistakes when it comes to your health and your savings.

Disclaimer: I have Kaiser, I never use them, but I am sure they will be there when needed.

Re:It’s Time to Build by lookdangerous on Saturday April 18, 2020 @10:28PM (#22912968)
I wonder what you think about the necessity of the health insurance industry? Seeing as how apparently it began as a sort of subscription service to keep hospitals afloat when beds were empty... It is a lot to wrap my mind around, but I have the general feeling that insurance drives the prices of health care way up and we would be better if we could all pay out of pocket for most things, but be covered by a true 'risk mitigation' insurance solution that would kick in when indeed we got cancer, or got in a car accident or the like.
Re:It’s Time to Build by jbkiv on Saturday April 18, 2020 @11:16PM (#22913217)
Insurance companies are kind of a costco, they buy stuff in bulk , sell it retail, and manage to get a 5% margin.

My humble opinion: the health care system in the US is totally screwed up and nobody wants to recognize that (except those paying maybe, and I am not even sure of that because they are conned into thinking "that we have the greatest healthcare system in the world").

Everybody is trying to pull the blanket their way. It is obscenely too expensive with little results (worse results than Europe and 4x the price). This is pathetic and a total failure.

Go medicare at scale, and for everybody? But the government does not know how to control the costs on medicare either.

Then religious beliefs get in the way: if 75-85% of the cost of insurance is wasted in the last year of your life, you understand why they keep you artificially alive so everybody can milk the system: never ending MRI's, super expensive drugs, etc...Hospitals, doctors, medical devices providers, everybody feeds on the system, and blame the lame insurance companies/costco of the healthcare world.

This is sad because so many people do not have the means to pay for that, few have access to the type of healthcare engineers have access though work.

Re:It’s Time to Build by Talanes on Sunday April 19, 2020 @03:25AM (#22914196)
I've never looked for data to back this up, but I had a teacher outline the following theory of healthcare costs.

Insurance companies have out-sized bargaining power and will only pay a fraction of the list-price for a procedure.

Doctor's know this, so prices inflate to the point where the negotiated price is in line with what they'll actually do it for.

Everyone who is not insured or not covered for that procedure ends up paying massively inflated costs.

Re:It’s Time to Build by lucio on Sunday April 19, 2020 @01:13PM (#22917197)
Re:It’s Time to Build by jbkiv on Monday April 20, 2020 @12:06AM (#22921016)
I had not seen that one. Lots of truth indeed!

AND you have not looked into the arcane world of pharmacy bids company. Stick your nose into their billing, you are guaranteed a 20% discount (Oh, sorry we discovered several mistakes). But this is boring stuff for 2020 startups who "want to disrupt the industry".

Now you wonder why the Democrats are pushing TONIGHT last minute negotiations in DC to add another $250B in stimulus money. We'll sign ONLY if you carve out, say $50-100 Billions or additional money for...HOSPITALS!

You get it now?

Re:It’s Time to Build by MR4D on Saturday April 18, 2020 @09:26PM (#22912679)
Simple - politics is about control. Laws are a form of politics.

Why would anyone give up control once they had acquired it?

Re:It’s Time to Build by riazrizvi on Saturday April 18, 2020 @10:25PM (#22912951)
100% it’s politics, it’s self-interest. The reason why we don’t have Musk’s Alien Dreadnought factories throughout the US is related to the reason Elizabeth I rejected weaving machines; the people who have power will not gain enough from it and may even lose. Elizabeth I feared the consequences of creative disruption on her constituents, and the knock on effect that might have had to her tenuous grip on power. Today in the US we see silly policies that are pushed to make a few people rich at the expense of society as a whole. The more we are able to dismantle monopolies, and weaken the capability of incumbent industries to skew legislation in their own favor, the more society will move forward.
Re:It’s Time to Build by brennanpeterson on Sunday April 19, 2020 @10:42AM (#22916211)
Who would gain? Politicians try really hard to pull in facilities. Look at the GLobalFoundries spending debacle in NY. Or the Panasonic/Tesla battery facility in NV at, what 2m in grants per employee. Or Foxxcon in WI.

These facilities aren't that economically beneficial. Capital investors aren't, as PMA implies, stupid: they don't build because there isn't much money in it.

Politicians bend over backwards all the time. Massive subsidies are the problem, not lack of interest.

The reason people go elsewhere is to play regulatory arbitrage. To avoid the inspections, the pollution rules, and the long term environmental costs. The Bay area is filled with Superfund sites. Same for the Puget Sound, Boston Harbor, and the Hudson. No one should eat too many fish...because worlrdwide Mercury levels are high.

Re:It’s Time to Build by deanCommie on Saturday April 18, 2020 @09:58PM (#22912823)
I feel like all the replies comparing legal system differences between the US and the EU miss a crucial element - the difference in the characters of the people participating in each society.

I'm now going to make a couple of broad generalizations. Note, that I'm aware they do not apply to every person, or even state in the US, or member nation of the EU.

However having lived in both for a number of years, I do have some personal insight.

Europe and Europeans are a cohesive society where the ideal is a flat society without too many outliers. Standing out from the field is not promoted. And career aspirations are about attaining a work life balance and produce meaningful work. The overall societal system works, offers many opportunities for education and entrepreneurship, but within a well lit path. Europe is a fast moving train.

As a result, people look for ways to succeed within the system.

The US is a "land of opportunity" in all the best, and all the insidious ways that this implies. People are looking to separate themselves from the pack, to be "insanely great" in some way or another, and see society and laws as just impediments to that goal. The US is a rocket powered supercar.

As a result, people look for ways to succeed in spite of the system.

This is why both the US needs a common law system (because the population would never tolerate a restrictive "write everything down" statutory system because would consider it overly restrictive to their liberty), and also why it fails. Because people and corporations abuse the common law system to violate the spirit of the law as much as possible to succeed and thrive in the short term. So half the country is constantly tries to create more regulations and the other half is trying to tear down existing ones.

This is why in the US the most innovative companies and people can succeed on a 5-10 year timeline, and so the biggest public companies in the world are there, but why Europe is much better at building 20-50 year projects and so have better infrastructure. (I'm ignoring China completely here because China is better than both at everything now, but is also an authoritarian dictatorship, so it's even harder to compare that apple to the other oranges).

Ultimately my point is that the EU raises a certain type of person and attracts a certain type of immigrant, and the US another.

I'm Canadian, so I frankly think both extremes are distasteful. I find the US a post-apocalyptic every-man-for-himself dystopia. And I find the EU a restrictive stifling nanny-state. Canada is just right for me.

But I appreciate that the world has both extremes.

Re:It’s Time to Build by Jommi on Saturday April 18, 2020 @10:56PM (#22913113)
I think trying to put all of Europe into one EU in your argument is already where it breaks down.

Europeans don't live in a cohesive society. Italians, Germans, Swedes live in a cohesive society in their small california-sized countries.

Re:It’s Time to Build by Aeolun on Saturday April 18, 2020 @11:32PM (#22913281)
I’d say Italians, Germans and Swedes have much more in common with each other than with the US. The way of life is slightly different, but the philosophy is the same.
Re:It’s Time to Build by deanCommie on Saturday April 18, 2020 @11:40PM (#22913319)
Neither do Californians, Alaskans, Alabamans, Montanans, or West Virginians.

But they all have more in common with each other than Europeans, and vice versa.

Re:It’s Time to Build by Talanes on Sunday April 19, 2020 @03:34AM (#22914234)
As a Californian, I resent the accusation that we have anything in common with other Californians.
Re:It’s Time to Build by PeterisP on Sunday April 19, 2020 @04:55AM (#22914500)
Well then, California is california-sized as well, so if that approach does not work for USA in its entirety then perhaps it can fix the healthcare system in California?
Re:It’s Time to Build by Jommi on Sunday April 19, 2020 @06:41AM (#22914862)
Yes, perhaps. That's what California is attempting. Unfortunately social security in US is national, so you can't operate a closed system.

E.g. only Danish people can get Danish social security

Re:It’s Time to Build by dennis_jeeves on Sunday April 19, 2020 @09:13AM (#22915670)
>Point being, why not write simpler laws and regulations and leave it to the courts to interpret what adheres to the spirit of it?

This will _never_ happen. The vast majority of people are too intellectually challenged to see the benefit of simplicity. The earlier someone understand this fundamental fact about the vast majority of people, the earlier they can probably channelize efforts in the right direction ( what ever that might be), rather than hopelessly toil to make laws simpler. Democracy=tyranny of the masses.

Re:It’s Time to Build by bsder on Monday April 20, 2020 @03:08AM (#22921819)
> Point being, why not write simpler laws and regulations and leave it to the courts to interpret what adheres to the spirit of it? With the barriers of entry gone, I think we'd see a renewed vitality to many ossified sectors.

Because regulation in the US is rarely the problem.

We have a US mask manufacturer sitting outside Dallas who never went 24/7 in production because NOBODY WOULD PAY HIM.

Billionaires shouting "Hey, we'll pay for preproduction on vaccines" because they know they won't have to deliver isn't helpful.

Handing a small business $10 million so he can go full tilt would be helpful. But then these billionaires would have to cough up actual CASH.

Re:It’s Time to Build by Spooky23 on Saturday April 18, 2020 @08:55PM (#22912496)
Answer is pretty easy. People are assholes.

Those rules and regulatory frameworks exist for a reason, and with something like health insurance you don’t see better outcomes in states with lower regulatory burden.

Same with the financial burdens that companies cry about. Enron, GlobalCrossing, etc all demonstrated that corporate governance required the federal stick to behave.

Anderseen’s article is pretty lame with respect to why we can’t do things. We can and we have. The difference is now that you have executive leadership that is batshit crazy people have taken over the government. That happened because of the absence of regulation that gives extremists like Alex Jones, who were relegated to public access cable and weird newsletters in the 1980s access to the public at large.

Taking off what rails remain isn’t a strategy for success.

Re:It’s Time to Build by pmarca on Saturday April 18, 2020 @11:41PM (#22913321)
The system is working great except there isn't enough censorship?
Re:It’s Time to Build by indymike on Saturday April 18, 2020 @09:17PM (#22912636)
That reason being capturing the market by means of regulation.
Re:It’s Time to Build by 3xblah on Monday April 20, 2020 @05:18AM (#22922335)
"I'm in the process of reading the book _Why Nation Fails_. The central thesis is that rich and poor countries are separated by inclusive vs extractive institutions.

It seems to resonate a bit here, when Marc speaks of things like regulatory capture."

However if we actually look at the pages of that book from 2012, the authors never use the US, or any present day "Western" country, as an example of one that had or has extractive instutitions. Instead they cite examples such as Mexico, Colombia, Argentina, Venezuela, Uzbekistan, Zimbabwe, Sierra Leone, Angola, Sudan, Chad, Cameroon, Liberia, Egypt, North Korea, Nepal, or Haiti.

According to the authors, the US currently has inclusive institutions and uses the example of the software industry as a success story to support this argument. This industry is in fact the blog post author's area of focus as a former programmer turned venture capitalist.

To quote from the book:

(Note the bit about fraud. The US had serious problems with fraud 100 years ago, and still does. Consider that is why the SEC exists. Many would argue it has very limited powers of enforcement to deal with modern-day fraud.)

"Bill Gates, like other legendary figures in the information technology industry (such as Paul Allen, Steve Ballmer, Steve Jobs, Larry Page, Sergey Brin, and Jeff Bezos), had immense talent and ambition. But he ultimately responded to incentives. The schooling system in the United States enabled Gates and others like him to acquire a unique set of skills to complement their talents. The economic institutions in the United States enabled these men to start companies with ease, without facing insurmountable barriers. Those institutions also made the financing of their projects feasible. The U.S. labor markets enabled them to hire qualified personnel, and the relatively competitive market environment enabled them to expand their companies and market their products. These entrepreneurs were confident from the beginning that their dream projects could be implemented: they trusted the institutions and the rule of law that these generated and they did not worry about the security of their property rights. Finally, the political institutions ensured stability and continuity. For one thing, they made sure that there was no risk of a dictator taking power and changing the rules of the game, expropriating their wealth, imprisoning them, or threatening their lives and livelihoods. They also made sure that no particular interest in society could warp the government in an economically disastrous direction, because political power was both limited and distributed sufficiently broadly that a set of economic institutions that created the incentives for prosperity could emerge. Secure property rights, the law, public services, and the freedom to contract and exchange all rely on the state, the institution with the coercive capacity to impose order, prevent theft and fraud, and enforce contracts between private parties. To function well, society also needs other public services: roads and a transport network so that goods can be transported; a public infrastructure so that economic activity can flourish; and some type of basic regulation to prevent fraud and malfeasance.

Though many of these public services can be provided by markets and private citizens, the degree of coordination necessary to do so on a large scale often eludes all but a central authority. The state is thus inexorably intertwined with economic institutions, as the enforcer of law and order, private property, and contracts, and often as a key provider of public services. Inclusive economic institutions need and use the state."

The US approach to business does have its flaws. However the book "Why Nations Fail" does not address them. To the authors, the US is a nation that "succeeded", and continues to succeed, by having inclusive institutions, not one that "failed" or is failing today.

A book like "Why Nations Fail", and there are many others like it, arguably encourages readers to view the US, irrespective of its flaws, as the shining example of what a country could/should aspire to become. There are no present-day comparisons of the US with Western Europe in books of this type. Such books are arguably part of the reason for certain institutional problems that will forever remain unfixed in the US, e.g. regulatory capture and complexity, because books like these have themes that support the idea that America's "solutions" are not just different but better than all the others.

This book really has no relation to any criticism of US institutions. If anything, it supports the idea that the US has the best formula for creating a rich country, i.e., a country where "anyone can be rich". They compare how Bill Gates became wealthy versus how Carlos Slim became wealthy.

From a presentatation given by the authors:

Acemoglu Robinson (Harvard) Why Nations Fail June 6, 2011 8 / 36

Main Concepts Inclusive and Extractive Institutions

Towards a Theory of Institutions

Extractive economic institutions: Lack of law and order. Insecure property rights; entry barriers and regulations preventing functioning of markets and creating a nonlevel playing field.

Extractive political institutions -- in the limit of absolutism: Political institutions concentrating power in the hands of a few, without constraints, checks and balances or rule of law.

Inclusive economic institutions: Secure property rights, law and order, markets and state support (public services and regulation) for markets; open to relatively free entry of new businesses; uphold contracts; access to education and opportunity for the great majority of citizens.

Inclusive political institutions: Political institutions allowing broad participation pluralism and placing constraints and checks on politicians; rule of law (closely related to pluralism).

But also some degree of political centralization for the states to be able to selectively enforce law and order.

Acemoglu Robinson (Harvard) Why Nations Fail June 6, 2011 36 / 36

Why Nations have and Do Fail

Because they have extractive political and economic institutions.

These are difficult to change though they can be successfully challenged and altered during critical junctures.

The roots of modern world inequality lie in the emergence of inclusive institutions in Britain and the fruits of this - the industrial revolution - spread to those parts of the world that had similar institutions (settler colonies) or quickly developed them (Western Europe).

Other parts of the world languished with extractive institutions which have persisted over time and thus remain poor today.