Tag Archives: regulatory affairs

Is the Jig Finally Up for Mickey Mouse?

Mother Jones

As you all know, copyright terms have been steadily lengthened via congressional action. Currently, the term is the life of the author plus 70 years. For works authored by corporations—Superman, Mickey Mouse, etc.—the term is 95 years. Thanks to a retroactive clause passed in 1976, the magic cutoff year for corporate creations is currently 1922. Anything published in 1922 or before is in the public domain. Anything after that is still under copyright.

So what happens in 2018? That’s only five years away! Well, it’s 95 years from 1923, which means that works published in 1923 fall out of copyright. Every year after that, more and more old works enter the public domain. And in 2023 the boom falls: Mickey Mouse will no longer be under copyright.

Will Disney put up with this? Or will they team up with the usual suspects to get the term of copyright extended even further? Tim Lee gives us the lay of the land here.

UPDATE: Sorry, but I bolloxed up the explanation of why 1922 is the current cutoff year for copyright. It’s fixed now.

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Is the Jig Finally Up for Mickey Mouse?

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How Much Does Your State Fine For Texting and Driving?

Mother Jones

The good news: fatal car crashes are on the decline. The bad news: fatal car crashes involving cell phone use—anything from texting to talking to reaching for a ringing phone—are on the rise. In fact, the leading cause of death for teenage drivers is now texting, not drinking, with nearly a dozen teens dying each day in a texting-related car crash. Stark figures like this have driven 46 states to pass legislation banning texting and driving. But texting fines vary wildly across the country, and you’ll end up paying a little or a lot depending on where you got caught. In California, the maximum penalty for a first-time offender is just $20, the lowest in the country, while Alaska will slap you with a whopping $10,000 fine and a year in prison. Meanwhile, some states don’t allow cops to pull drivers over for texting, but can impose a texting fine on top of another penalty, like speeding. Confused yet? Keep your eyes on the road: we’ve rounded up maximum first-offense fines for fully licensed drivers in each state (jump down to see the full table), along with a few more sobering stats on using your phone while behind the wheel. Remember: local laws may apply even if there’s no statewide ban where you’re driving, but to be safe—literally—just don’t text and drive, period.

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How Much Does Your State Fine For Texting and Driving?

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Can We Blame Obamacare’s Rollout Problems on a Kludgy Design?

Mother Jones

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Mike Konczal argues today that the biggest problems with the rollout of the Obamacare website aren’t really software issues at all. They’re mostly due to the nature of Obamacare itself:

The first has to do with means-testing the program….The second issue is that the means-testing is necessary to link individuals up with individual private insurers….A third issue, and a major reason this is freaking people out, is that the first two problems could introduce adverse selection….And the fourth and final issue is that the federal government has had to pick up so much slack from rebelling states that didn’t want to implement health care.

In other words, if we had a simpler, single-payer system, we could have avoided most of the rollout problems. “Smarter conservatives who are thinking several moves ahead,” writes Konczal, “understand that this failed rollout is a significant problem for conservatives. Because if all the problems are driven by means-testing, state-level decisions and privatization of social insurance, the fact that the core conservative plan for social insurance is focused like a laser beam on means-testing, block-granting and privatization is a rather large problem.”

I very much agree that a simpler, broader national health care program would be far better than Obamacare, which was designed primarily to (a) win centrist and conservative votes, and (b) not rock the boat of existing private health insurance too much. Add to that all the usual horse-trading that it took to get various interest groups on board (doctors, insurers, AARP, pharma, etc.) and you end up with a messy kludge. It may be a historic first step, one that will eventually lead to a better future, but for now it’s still a kludge.

Unfortunately, it’s not clear to me that you can blame the rollout problems on this. Take a look at the Netherlands, as Matt Steinglass does here. Their health care system is well thought of, and it’s remarkably similar to Obamacare: a public-private system that relies on private health insurers, public funding, and an individual mandate. As Steinglass points out, the Dutch system has some features that make it simpler than Obamacare, but it also has some features that make it more complex. But these are mostly nits. In the end, the Dutch system is really quite similar to Obamacare. And it works fine.

I’d submit that a big part of the reason for this is path dependence: the Dutch system is one that replaced an older single-payer system. In other words, they went in exactly the opposite direction from the one Konczal recommends. But it worked OK because the Dutch universally approved of national healthcare already and were universally covered by it. I assume that the details of the new system were contentious, but they were contentious primarily at a technocratic level. Nobody was fighting the basic idea of providing health care for all. That meant the new program could be rolled out on a reasonable schedule and without any big surprises or massive resistance.

Obamacare doesn’t have that luxury. It’s fighting not only technical issues, but also massive cultural and political resistance. This is what makes the rollout so hard.

If I had my way, we’d have a fairly simple, universal, single-payer health care system in the United States. It would work better; provide broader coverage; and probably be cheaper than what we have now. But countries like Switzerland and the Netherlands demonstrate that an Obamacare-like system can work reasonably well too. Konczal is certainly right to mock conservatives who don’t seem to understand that Obamacare is fundamentally a pretty conservative design for national health care—which means that if it fails, it will hardly be a failure of old-school liberalism—but I think he goes too far when he tries to blame the rollout problems on that design. There was never any realistic hope of wiping out the entire private insurance industry and instituting a single-payer system anyway, which makes this all a bit academic, but even if Obamacare is a second-best design, it’s still one that other countries have shown can be implemented effectively. I imagine that, over time, the same will be true here.

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Can We Blame Obamacare’s Rollout Problems on a Kludgy Design?

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How to Understand the $13 Billion JPMorgan Settlement

Mother Jones

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Felix Salmon has a pretty good take on JPMorgan’s $13 billion settlement with the government. Roughly speaking, $10 billion of it is for liabilities that JPM knew it was inheriting when it purchased Washington Mutual and Bear Stearns—liabilities that were fully incorporated into the original purchase price. The remaining $3 billion covers fines for actions taken directly under Jamie Dimon’s watch. There’s no SEC overreach here, and there are no unfair penalties for actions taken by companies that the government encouraged JPM to buy. More here.

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How to Understand the $13 Billion JPMorgan Settlement

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Andrew Cuomo’s Much-Touted Corruption Watchdog Is Beginning to Look Like a Joke

Mother Jones

In June, an anti-corruption bill that included the holy grail of money-in-politics reforms—public financing of elections—died in the New York State Senate. Progressives and election reformers had pinned their hopes on passing a public financing system modeled after New York City’s, a system that helped Bill de Blasio clinch the Democratic mayoral primary. But they weren’t left empty-handed when the bill died: In its place, Gov. Andrew Cuomo (D) created the Commission to Investigate Public Corruption to get at the root of Albany’s corruption woes and to study the funding of state elections.

Now, it looks like Cuomo’s commission is not all it’s cracked up to be. And the Cuomo administration is partly to blame.

State lawmakers are refusing to turn over the information about their outside income that the corruption commission requested, the New York Times reports. Cuomo’s staff, meanwhile, “has leaned on the commission to limit the scope of its investigations,” according to the Times.

Here’s more from the Times:

The turmoil over the commission began in late August, when it asked members of both houses of the Legislature to release information about their outside income above $20,000. Several weeks later, lawyers for the Legislature refused, saying, “These demands substantially exceed what New York law authorizes.”

The commission’s relationship with the governor’s office has also been freighted. It issued a flurry of subpoenas at the start, but then was slowed by Mr. Cuomo’s office in several instances, according to people familiar with the situation who insisted on anonymity because they feared retribution by the governor.

In one such instance, when the commission began to investigate how a handful of high-end residential developers in New York City won tax breaks from Albany, its staff drafted, and its three co-chairmen approved, a subpoena of the Real Estate Board of New York. But Mr. Cuomo’s office persuaded the commission not to subpoena the board, whose leaders have given generously to Mr. Cuomo’s campaign, and which supported a business coalition, the Committee to Save New York, that ran extensive television advertising promoting his legislative agenda.

A Cuomo spokeswoman told the Times that “ultimately all investigatory decisions are up to the unanimous decision of the co-chairs.” Still, New York Attorney General Eric Schneiderman said he’s worried about “interference and micromanagement” at the commission, and good-government groups are increasingly disillusioned over the commission’s trajectory. “New Yorkers are losing patience with the continuing culture of corruption in Albany and the continued indictment of their representatives,” reads a letter from Common Cause New York to Cuomo. “The commission was established to help restore their faith in government, not confirm their cynicism that the system will never change.”

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Andrew Cuomo’s Much-Touted Corruption Watchdog Is Beginning to Look Like a Joke

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NRA’s Wayne LaPierre: "There Weren’t Enough Good Guys With Guns" During Navy Yard Shooting

Mother Jones

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It was déjà vu all over again. On Sunday, Wayne LaPierre, the head of the National Rifle Association, told Meet the Press host David Gregory that one cause of last week’s shooting at Washington, DC’s Navy Yard was that “there weren’t enough good guys with guns.”

Sound familiar? It should. LaPierre trotted out the same talking point in the wake of the shooting at Sandy Hook Elementary School in Newtown, Connecticut, in December. At the NRA’s first press conference after gunman Adam Lanza killed 27 people at Sandy Hook, â&#128;&#139;LaPierre singled out a host of supposed ills—other than guns themselves—to explain Lanza’s spree: violent video games, violent movies, violent music, and more. Then he said, “The only thing that stops a bad guy with a gun is a good guy with a gun.”

On Meet the Press, LaPierre not only called for more “good guys with guns,” but he also blamed “the mental health situation in the country” which he described as “in complete breakdown.” News reports in the wake of the Navy Yard shooting revealed that 34-year-old Aaron Alexis, who killed 12 people and was shot and killed himself at a Navy Yard facility, had exhibited erratic behavior for months. He told police in Rhode Island earlier this year that he heard people talking to him through walls and transmitting microwave vibrations into his body to keep him awake at night.

As for LaPierre’s claim that more good guys with guns would’ve stopped mass shootings like those at Sandy Hook and Navy Yard, the evidence does not back this up. As Mother Jones has reported, not one of the 67 mass shootings in America in the past three decades was stopped by an armed civilian. Those who’ve tried have been badly injured or killed. And law enforcement officials don’t want “good guys with guns” trying to play cop.

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NRA’s Wayne LaPierre: "There Weren’t Enough Good Guys With Guns" During Navy Yard Shooting

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Will the EPA Kill Coal?

Mother Jones

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On Friday morning the EPA will release its standards for carbon emissions for new power plants, the first major milestone in President Obama’s second-term plan to fight climate change. Detractors are already describing the regulations as a job-killing “salvo” in the supposed “war on coal.” The new rules, which are the first to limit greenhouse gas emissions from power plants, could effectively stop new coal-fired plants from being built.

The standards will limit the number of pounds of carbon that can be released per unit of electricity produced, and according to the Wall Street Journal, are expected to come in at 1,000 pounds per megawatt hour for gas-fired plants, and 1,100 for coal-fired units. Advanced new coal plants produce more than 1,600 pounds per megawatt hour, so to meet the new benchmark, they’d have to substantially cut their carbon emissions (a comparable natural-gas plant clocks about 790). To do this, they’d have to use a process called “carbon capture and storage,” (CCS) where carbon is separated from emissions. And according to experts, there’s still a long way to go before that’s economically viable.

EPA chief Gina McCarthy says she doesn’t see coal dying out, and at a hearing of the House Energy and Commerce Committee on Wednesday, she defended the yet-to-be-released rules. “On the basis of the information that we see and what is out in the market today and what is being contemplated today, that CCS technology is feasible,” she said. “We believe coal will continue to represent a significant portion of the energy supply in the decades to come.”

But the skeptics aren’t buying it. “We know that CCS costs billions of dollars,” said Republican John Shimkus of Illinois at the hearing. “For these rules to be promulgated, we know we aren’t going to have any new coal-fired power plants because of the costs of CCS.” The American Coalition for Clean Coal Electricity, an industry group, argues that the regulations will actually hinder carbon capture technology. “The federal government should first focus on ensuring the coal industry can economically build second generation plants rather than put a halt to the innovative progress made to date,” said spokeswoman Laura Sheehan in a statement. “If the EPA acts as expected, the United States, which is the current global leader of carbon capture and storage…technology, will cede its ground and fall to the back of the innovation race.”

Coal is already falling behind though, and fast. “Even without CCS, the cost of a coal plant is more expensive than building a natural gas plant, given the low price of gas,” says Howard Herzog, a senior research engineer at the MIT Energy Initiative. “People who have access to gas, they’re going to build gas. This will make the economics even worse.” For coal to compete with natural gas, Herzog says, the price of gas would have to have top $10 per million BTU—roughly three times the current price.

“The natural gas boom is what changed the economics and is doing it to coal. It’s not the EPA,” says David Doniger, the policy director of the Natural Resources Defense Council’s Climate and Clean Air program and former director of climate change policy at the EPA during the Clinton administration. “Power companies are basically agnostic about which power source they’re using.”

Coal’s dominance of the American energy market, which it has securely held for over 60 years, was most recently cemented in the 1970s, when the Powerplant and Industrial Fuel Use Act curtailed the construction of oil- and gas-fired plants after the 1973 oil crisis. But coal’s market share has been gently declining since those restrictions were lifted in 1987—a trend which has rapidly accelerated in recent years with the glut of newly-cheap, domestic natural gas. According to the US Energy Information Administration, “between 2000 and 2012, natural gas generating capacity grew by 96%. By contrast, additions to coal capacity were relatively minor during that period, and petroleum-fired capacity declined by 12%.” In 2012, coal power accounted for 37 percent of total US electricity generation, and natural gas accounted for 30.

Source: US Energy Information Agency

The new rules will only apply to new power plants. Carbon regulations for existing plants will be proposed in June of 2014 and finalized the following year. But older coal plants are already being squeezed by new EPA standards for mercury, arsenic, and other toxins, which go into effect in 2016, according to Faith Bugel, a senior attorney with the Environmental Law & Policy Center in Chicago.

If coal is being targeted, it’s not completely without reason. In a recent study that identified the 100 power plants that produced the most carbon in the US, 98 were coal plants. Forty percent of the country’s carbon emissions currently come from power plants, with coal plants accounting for well over half.

On Thursday Mitch McConnell took to the Senate floor to denounce the forthcoming rules. “It’s just the latest administration salvo in its never ending war on coal—a war against the very people who provide power and energy for our country,” he said. “Congress cannot sit idly by and let the EPA destroy a vital source of energy and a vital source of employment.”

But NRDC’s Doniger argues that coal’s problems go far beyond the regulations. “They’re economic losers who want to blame the EPA for their lack of competitiveness in the marketplace,” he says. “If I’m tying to bench press 400 pounds and I can’t do it, it doesn’t matter if I’m trying to bench press 425.”

Coal power isn’t likely to disappear anytime soon, however. And while Friday’s standards may stop new coal-fired plants from being built, the rules for existing plants—which will be proposed next summer—might have a bigger impact. “If you’re really going to impact climate change, you’ve got to significantly reduce the carbon you’re producing,” says Herzog, which means that “the systems that produce our electricity in the future have to produce an order of magnitude less carbon.” Still, he says, “what we’re doing here is a good first step.”

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Will the EPA Kill Coal?

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Can You be Denied a Loan Because You’re Unpopular on Facebook?

Mother Jones

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It’s already well known that Facebook and other social media networks harvest user data and sell it to companies that use that info to peddle their products to consumers. But some lenders have begun to find a new use for this information, scrutinizing Facebook, Twitter, and LinkedIn data to determine the credit-worthiness of loan applicants. It’s an unprecedented practice that consumer advocates say can be unfair or discriminatory—and one that is poised to only become more prevalent in the years ahead.

Among the US-based online lenders that factor in social media to their lending decisions is San Francisco-based LendUp, which checks out the Facebook and Twitter profiles of potential borrowers to see how many friends they have and how often they interact; the company views an active social media life as an indicator of stability. The lender Neo, a Silicon Valley start-up, looks at the quality and quantity of an applicant’s LinkedIn contacts for clues to how quickly laid-off borrowers will be rehired. Moven, which is based in New York, also uses information from Twitter, Facebook, and other social networking sites in their loan underwriting process.

Several international lenders have been using similar tactics for a while. Lenddo, for example, which makes loans to folks in developing countries, denies credit to applicants who are Facebook friends with someone who was late repaying a Lenddo loan. Big banks have not yet jumped on board with this controversial credit-vetting method, but consumer advocates and financial industry experts say it’s probably only a matter of time.

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Can You be Denied a Loan Because You’re Unpopular on Facebook?

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How to Make a Risk-Free Fortune on Wall Street

Mother Jones

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Redline Trading Solutions recently allowed Berkeley professor Terrence Hendershott to conduct a study with its high-speed trading technology, which gave him access to stock prices a few milliseconds before everyone else. This meant that Hendershott knew, before he bought the stock, which way the price would move a fraction of a second later. As you might expect, this is a risk-free license to mint money:

According to his study, in one day (May 9), playing one stock (Apple), Hendershott walked away with almost $377,000 in theoretical profits by picking off quotes on various exchanges that were fractions of a second out of date. Extrapolate that number to reflect the thousands of stocks trading electronically in the U.S., and it’s clear that high-frequency traders are making billions of dollars a year on a simple quirk in the electronic stock market.

One way or another, that money is coming out of your retirement account. Think of it like the old movie The Sting. High-speed traders already know who has won the horse race when your mutual fund manager lays his bet. You’re guaranteed to come out a loser. You’re losing in small increments, but every mickle makes a muckle — especially in a tough market.

“It’s clear to us these guys are just raping, pillaging, and plundering the market,” as Joe Saluzzi, co-founder of agency brokerage Themis Trading put it.

Click the link for more details, along with a simple and interesting idea for putting an end to this. In practice, stock markets are never going to be fair to every participant, but at the very least, their rules are supposed to make them theoretically fair to all comers. High-speed trading makes a mockery of this.

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How to Make a Risk-Free Fortune on Wall Street

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Graphene: The 21st-Century Miracle Cure for Out-of-Work Lawyers

Mother Jones

Graphene is an exceptionally thin, strong, and transparent material that’s a good conductor of heat and electricity. Andre Geim and Konstantin Novoselov won a Nobel Prize in 2010 for its discovery. Today, the Wall Street Journal reports on what this means:

“As soon as I find something, boom! I file a patent for it,” says James Tour, a graphene expert at Rice University in Houston.

Apple has filed to patent graphene “heat dissipators” for mobile devices. Saab has filed to patent graphene heating circuits for deicing airplane wings. Lockheed Martin this year was granted a U.S. patent on a graphene membrane that filters salt from seawater using microscopic pores.

….”It’s a land grab,” says Mr. Tannock of Cambridge Intellectual. By trying to patent just about every finding, “you have the option for suing your competitors later and stopping them.” Many graphene patent filings appear legitimate, but some seem speculative and others may be decoys to mislead rivals, he says.

Perhaps one of graphene’s other miracle properties will turn out to be the ability to end the horrible job market currently faced by law school graduates.

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Graphene: The 21st-Century Miracle Cure for Out-of-Work Lawyers

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