The Daily Parker

Politics, Weather, Photography, and the Dog

EU votes on Daylight Saving Time

The European Union Parliament today voted 410-192 to allow member states to end Daylight Saving Time in 2021:

The vote is not the last word on the issue but will form the basis of discussions with EU countries to produce a final law.

The countries have yet to take a stance.

A parliament report in favour of operating on a single time throughout the year said scientific studies link time changes to diseases of the cardiovascular or immune systems because they interrupt biological cycles, and that there were no longer any energy savings.

What this actually means requires one more EU-wide step:

All 28 member states would need to inform the European Commission of their choice ahead of the proposed switch, by April 2020. They would then coordinate with the bloc's executive so that their decisions do not disrupt the functioning of the single market.

Last year, the European Commission proposed abolishing the seasonal clock change after an EU-wide online poll showed overwhelming support. It has been accused, however, of rushing through the vote ahead of European Parliament elections in May. 

More:

Countries that wanted to be permanently on summertime would adjust their clocks for the final time on the last Sunday in March 2021. Those that opt for permanent wintertime would change their clocks for the final time on the last Sunday of October 2021.

The British government has yet to offer any formal opinion on the proposal, which risks creating fresh problems over the status of Northern Ireland after Brexit.

I think we can predict, just by looking at longitude, which countries will go which direction. The UK has made noises that it will keep the twice-yearly time changes, thank you very much. My guess is that Portugal, Spain, the Baltics, and other countries at the western ends of their time zones will opt for standard time, while other countries will go to summer time. That would prevent the problems I outlined when this measure first came into the news a few weeks ago.

The UK and US governments continue to make crises worse

First, in the UK this week, while people can feel slightly relieved the country won't crash out of the European Union in three days, things haven't gotten any less chaotic:

Downing Street aides directly asked hard-Brexit Conservatives at Chequers on Sunday whether Theresa May’s resignation as prime minister would be enough to get them to endorse finally the exit deal struck with the European Union, it has emerged.

A source said that in those private conversations several aides to the prime minister present asked whether it would help them vote for the controversial Brexit deal if May were to quit. “It didn’t look like a coincidence; aides like this are not meant to think for themselves,” they added.

And let's not forget:

Brexit would inflict immediate and profound economic shocks on Ireland, hitting households, businesses and government finances, according to a study.

Britain’s departure from the European Union, with or without a deal, would cause significant damage to jobs and economic growth, the Economic and Social Research Institute (ESRI) said in a comprehensive report published on Tuesday.

A decade after Brexit, Ireland’s output would be 2.6%, 4.8% or 5% lower than if Britain had stayed in the EU, it said, painting a stark picture as policymakers in Dublin try to grapple with a possibly imminent blow.

A disorderly no-deal Brexit would mean 80,000 fewer jobs being created in Ireland over a decade, derailing the government’s budget planning, said the thinktank, which works closely with the Department of Finance.

Meanwhile, back home, the GOP has whipped up their spin machine to whip up a Benghazi-style counter-offensive in the wake of the Mueller Report:

The strategy — currently loose and informal — is still in its infancy. But all signs indicate a Trump operation seeking vengeance and accountability from critics it says maligned the president over the investigation into whether his campaign or associates conspired with Russia to interfere in the 2016 presidential election. An adviser who talked to the president said Trump has an appetite to see his critics investigated. The adviser spoke on the condition of anonymity to discuss the private conversation.

While Trump and his allies have portrayed Attorney General William P. Barr’s summary of Mueller’s findings as a complete vindication of the president, Barr made it clear that the special counsel was not exonerating the president on the question of obstruction of justice. And details of the report, if made public, could prove troublesome for Trump. Mueller’s work led to criminal charges against 34 people, including six former Trump associates and advisers, and showed that Russia sought to influence the election and help Trump.

Still, the president’s aides and allies have shown little desire to turn the page, preferring to write a new book detailing what they say is a rush to judgment from a Washington establishment unwilling to ever give Trump an unbiased assessment.

The over-arching strategy, remember, is to whip up the base enough to get the president re-elected in 2020. 

In both the UK's Brexit catastrophe and the destructive tribal politics driven by the GOP for the last 10 years, we see people desperately trying to cling to power even if it takes the whole system down.

These things happen every so often, as right-leaning groups, driven by fear, blow things up so that they personally don't lose anything. Unfortunately for the rest of us, the most prominent historical examples of this behavior (1930s Europe, 1860s US, 1770s UK, 1690s Europe, 1630s England...) do not inspire confidence.

Not out of the woods yet, Britain

Even though the EU has agreed to extend the UK's Article 50 exit date to mid-May, Parliament still has to pass the enabling legislation to accept the deal. After that, Brexit Minister and England's Most Unhappy Frontbencher Kwasi Kwarteng spent half an hour yesterday getting to the phrase "next week," partly because the Government still haven't fully sorted what they will present to Commons then:

Almost half an hour into Kwarteng’s response to an urgent question following the EU’s imposition of an extended Brexit timetable at a summit in Brussels, the Labour MP David Hanson told the minister there was “a world outside this chamber who would like to know what day we are voting on any meaningful vote”.

Kwarteng responded: “The government fully intends to have a meaningful vote next week.”

The secondary legislation needed to change the departure date would also be tabled next week, he said, but declined to give any further details on timings, adding: “On this Friday I’m not going to say the exact hour and time of when the meaningful vote will take place.”

Separately, No 10 said the EU’s agreement to extend article 50 was contingent on holding the vote next week. The exact date has not been set, but it is likely to be on Tuesday or Wednesday, to give MPs and peers time to pass legislation to change the exit date before 29 March.

“The consideration is to hold it when we believe we have a realistic prospect of success,” May’s spokesman said. “My understanding of last night is that the extension to 22 May was contingent on winning the vote next week.”

May will meet cabinet ministers in Downing Street and spend the weekend working at Chequers, her country retreat.

Holy Brinksmanship, Batman. Vladimir Putin has to be sitting in the Kremlin with the Soviet equivalent of popcorn watching this farce, laughing out loud. Of course, he could be laughing at President Trump's announcement yesterday that the US will recognize Israel's conquest of the Golan Heights, which makes Putin's conquest of Crimea almost legitimate:

Trump’s push to assert Israel’s ownership of the strategic heights along the Syrian-Israeli border, conveyed in a tweet on Thursday, marked a major shift in U.S. policy and has been welcomed by Israeli Prime Minister Benjamin Netanyahu. But it also raised concerns that confrontations along the cease-fire line could escalate.

Israel seized two-thirds of the Golan during the 1967 war, and since 1973 Syria has made no military effort to regain it. Its army is no match for Israel’s superior military capabilities.

The U.S. assertion of Israeli claims will give Iran a propaganda boost at a time when the Trump administration is pressing allies in the region to join efforts to roll back Iranian influence. Secretary of State Mike Pompeo arrived in Beirut on Friday morning on a visit aimed at urging Lebanese leaders to take action to limit Hezbollah’s growing prominence in the Lebanese government.

This, the day before our Secretary of State visits the region. I'd call it unbelievable but it really isn't.

White House stonewalls Congress

Rep. Elijah Cummings (D-MD), chair of the House Oversight and Reform Committee, would like the White House to provide documents. Any documents:

I have sent 12 letters to the White House on a half-dozen topics — some routine and some relating to our core national security interests. In response, the White House has refused to hand over any documents or produce any witnesses for interviews.

Let me underscore that point: The White House has not turned over a single piece of paper to our committee or made a single official available for testimony during the 116th Congress.

As a reminder of what used to be “normal,” previous presidential administrations turned over tens of thousands of pages of documents in response to Oversight Committee investigations under both parties just a few years ago. The George W. Bush White House gave us more than 20,000 pages relating to Hurricane Katrina; numerous documents and witnesses relating to the leak of covert CIA agent Valerie Plame’s identity; and nearly 1,500 pages of emails between senior White House officials about the death of Pat Tillman. Similarly, the Obama White House produced many documents and emails relating to the Solyndra controversy, as well as witnesses and documents regarding the Benghazi, Libya, attacks, including communication between top White House officials and National Security Council staff.

By contrast, the complete refusal by the Trump White House to produce any documents or witnesses to the primary investigative committee in the House reflects a decision at the highest levels to deny congressional oversight altogether. The president dictated this approach the day after the election when he threatened a “warlike posture” against Democrats and then vowed that, at the end of two years, “I’m just going to blame them.”

President Trump’s actions violate our Constitution’s fundamental principle of checks and balances. If our committee must resort to issuing subpoenas, there should be no doubt about why. This has nothing to do with presidential harassment and everything to do with unprecedented obstruction.

You don't want Congress to issue subpoenas if you're the president, because then you've lost control over what they'll see. My guess is that Rep. Cummings fired this shot across the White House's bow to let them know subpoenas are coming soon.

The UK's reputation in Europe

Whether you prefer "shooting oneself in the foot" or "circular firing squad" as your metaphor, the UK's flailing with just a week left to go before crashing out of the EU has disappointed many people in Europe:

For politicians, diplomats and officials across the continent, the past two-and-a-half years of the Britain’s fraught, seemingly interminable and increasingly shambolic departure from the EU have proved an eye-opener.

Some have responded with humour. Nathalie Loiseau, France’s Europe minister, said recently that if she had one, she would call her cat Brexit: “It wakes me up miaowing because it wants to go out. When I open the door, its sits there, undecided. Then it looks daggers at me when I put it out.”

Others have found it harder to laugh. To the shock of many, ;Brexit has revealed a country they long looked up to locked in a narrative of its own exceptionalism, talking mainly to itself, incoherent, entitled, incapable of compromise (with itself or its neighbours), startlingly ignorant of the workings of an organisation it has belonged to for nearly 50 years, and unrealistic.

Only, Britain has been here so many times before. Crashing out of India so hard that the country hasn't had a day of peace in 70 years? Check. Getting rolled by the Soviets after putting a Soviet spy in charge of rooting out Soviet spies? Check. Appeasing a fascist regime bent on European hegemony? Check.

And now, it seems, Russia has rolled them again, as no country stands to gain more from Brexit than they. And still they're flailing about, going through the worst Constitutional crisis (self-inflicted!) since the 17th Century.

It's really sad.

No third Brexit vote allowed: John Bercow

House of Commons Speaker John Bercow yesterday ruled that the Government may not bring a third vote on a motion that has been rejected by the House twice:

3.33pm
Mr Speaker

The 24th edition of “Erskine May” states on page 397:

“A motion or an amendment which is the same, in substance, as a question which has been decided during a session may not be brought forward again during that same session.”

It goes on to state:

“Attempts have been made to evade this rule by raising again, with verbal alterations, the essential portions of motions which have been negatived. Whether the second motion is substantially the same as the first is finally a matter for the judgment of the Chair.” ...

In my judgment, that second meaningful vote motion did not fall foul of the convention about matters already having been decided during the same Session. This was because it could be credibly argued that it was a different proposition from that already rejected by the House on 15 January. It contained a number of legal changes which the Government considered to be binding and which had been agreed with the European Union after intensive discussions. Moreover, the Government’s second meaningful vote motion was accompanied by the publication of three new documents—two issued jointly with the EU and a unilateral declaration from the UK not objected to by the EU. In procedural terms, it was therefore quite proper that the debate and the second vote took place last week. The Government responded to its defeat, as they had promised to do, by scheduling debates about a no-deal Brexit and an extension of article 50 on 13 and 14 March respectively.

It has been strongly rumoured, although I have not received confirmation of this, that a third, and even possibly a fourth, meaningful vote motion will be attempted. Hence this statement, which is designed to signal what would be orderly and what would not. This is my conclusion: if the Government wish to bring forward a new proposition that is neither the same nor substantially the same as that disposed of by the House on 12 March, that would be entirely in order. What the Government cannot legitimately do is to resubmit to the House the same proposition or substantially the same proposition as that of last week, which was rejected by 149 votes. This ruling should not be regarded as my last word on the subject; it is simply meant to indicate the test which the Government must meet in order for me to rule that a third meaningful vote can legitimately be held in this parliamentary Session.

Here's video from Parliament TV:

This has caused apoplexy in the Government benches, and makes it almost impossible for Britain to exit the EU next Friday:

With 11 days to go until Britain is due to leave the EU, May was forced to pull her plans for another meaningful vote because John Bercow said she could not ask MPs to pass the same deal, after they rejected it twice by huge margins. EU officials, meanwhile, were considering offering her a new date for a delayed Brexit to resolve the crisis.

Bercow’s surprise intervention means May is likely to have to go to Thursday’s Brussels summit with a request for a long extension to article 50, which could mean the UK has to spend more than £100m on participating in European parliament elections.

Sources in Brussels suggested the EU may offer May a helping hand by agreeing on a new delayed Brexit date at the summit, which could allow her to argue next week that the deal is sufficiently different to merit a third vote in parliament.

Some hardline Conservative Brexit supporters were pleased that May’s efforts to pass her deal were being frustrated, hoping the EU would veto an extension and the UK would be forced to exit without a deal on 29 March. Government sources downplayed such a scenario, saying the EU was highly likely to grant an extension.

Writing for the Post, British journalist Nick Cohen says this is one demonstration of how "the quest for Brexit has killed Britain:"

Brexit Britain has reached populism’s inevitable terminus. The government is collapsing as Conservative ministers vote against their own administration with impunity. The equally chaotic opposition cannot oppose. No one can say whether my country will crash out of the European Union provoking an economic and social crisis. Honest commentators don’t make predictions anymore, but stare at the wreckage with slack-jawed disbelief.

The British crisis is deeper than the United States’ because at its heart lies a failure of truth-telling. We have no equivalent of the Democrat-controlled House of Representatives; no power center or coherent voice that can expose the populist politicians whose combination of cynicism and magical thinking led us to this pass.

Like populist movements across the West, the Leave campaign refused to make a tough call. Instead, it promised that wrenching change could be achieved without pain. Unlike the nationalists of the 20th century, who fetishized sacrifice, their successors are the authentic representatives of a baby-boomer generation that wants to have it all. Boris Johnson, an upper-class politician who could make President Trump seem a model of integrity, and his fellow supporters of Brexit promised that the task of securing a fresh trade deal with the E.U. would be “one of the easiest in human history.” As it has turned out, the tension of reconciling the populist propaganda of the referendum campaign with protecting the economy has caused a nervous breakdown in politics, and the real negotiations haven’t even begun yet. Meanwhile, British exceptionalists, like their American counterparts, insisted that other countries would bow before us. We were repeatedly assured that the E.U. needed us more than we needed them, a brag that grows more absurd by the day.

It is anyone’s guess what will happen next. There’s talk this week that perhaps May’s withdrawal agreement will pass Parliament on the third or fourth attempt, but parliamentary procedure might prevent her trying again. No one knows. Parliament said on Thursday it is now prepared to ask the E.U. to extend the deadline for Britain’s departure beyond March 29. The E.U. is under no obligation to agree. Even if it does, what would be the point? There is no consensus on what we should do next. Britain is deadlocked, and the catastrophic possibility of the country crashing out of the E.U. without a deal should not be underestimated.

I have no wish to diminish the seriousness of the criticisms against Trump or suggest that he is fit to govern a great country. But Trump will be gone by 2020 or, if the Democrats mess up, by 2024. Brexit gives every indication that it will paralyze Britain for a generation.

If it were any other country, I would gleefully munch popcorn while watching the circus act. But this is my ancestral homeland, my country's second-closest ally, the strongest military power in Europe after Russia, and the largest economy in Europe after Germany. This is insane. And no one knows what will happen.

The Art of the Possible, Illinois marijuana edition

Yet another Chicago-based medical marijuana company has merged with an out-of-state company ahead of an expected legalization of recreational pot this summer:

Chicago’s Cresco Labs on Monday unveiled a $120 million merger that allows it to expand into Florida, where analysts predict demand for medical marijuana will significantly grow in the coming years. By 2022, the market for medical pot could reach a whopping $1.7 billion, according to analysts’  projections.

Under the agreement, Cresco will acquire Florida marijuana grower and retailer VidaCann, a move that will allow Cresco to operate 30 medical dispensaries in the nation’s third most populous state. The company aims to significantly expand its operations by the end of the year, in part by doubling the size of its medical marijuana cultivation center. It also plans to have 20 dispensaries open by year’s end.

Last week, a Phoenix company announced one of the largest pot deals in U.S. corporate history by taking over Chicago-based Verano Holdings for $850 million.

If Cresco’s ownership of VidaCann is approved, Cresco could surpass another major marijuana player based in Chicago — Green Thumb Industries, which currently has 11 cultivation centers.

A vote on legalizing recreational cannabis could come as early as July, and is expected to pass.

More on the 737 MAX 8 crashes

Pilot and author James Fallows points out this Seattle Times article as a good explanation of how the Boeing-led safety process for the 737 MAX 8 airplane may have contributed to their recent accidents:

The FAA, citing lack of funding and resources, has over the years delegated increasing authority to Boeing to take on more of the work of certifying the safety of its own airplanes.

Early on in certification of the 737 MAX, the FAA safety engineering team divided up the technical assessments that would be delegated to Boeing versus those they considered more critical and would be retained within the FAA.

But several FAA technical experts said in interviews that as certification proceeded, managers prodded them to speed the process. Development of the MAX was lagging nine months behind the rival Airbus A320neo. Time was of the essence for Boeing.

A former FAA safety engineer who was directly involved in certifying the MAX said that halfway through the certification process, “we were asked by management to re-evaluate what would be delegated. Management thought we had retained too much at the FAA.”

“There was constant pressure to re-evaluate our initial decisions,” the former engineer said. “And even after we had reassessed it … there was continued discussion by management about delegating even more items down to the Boeing Company.”

Wow, that sounds familiar. And this is why we need competent, well-funded regulators for safety-critical industries.

The Ethiopian government says they'll release the preliminary accident report in 30 days.

Changes to US copyright law

On March 4th, the U.S. Supreme Court decided two cases that change how copyright infringement cases work in the U.S. In Fourth Estate Public Benefit Corporation v. Wall-Street.com, the Court held that a copyright owner must wait for the Copyright Office to accept or reject a registration application before the owner can sue for infringement:

Justice Ruth Bader Ginsburg (who had not attended the oral argument because she was home recovering from surgery) delivered the court’s opinion. She analogized the registration requirement to an administrative exhaustion requirement that an owner must satisfy before suing to enforce ownership rights.

The court concluded that the only satisfactory reading of the text of Section 411(a) is that the Copyright Office must have registered the copyright in order for registration to have been made. Fourth Estate had argued that the phrase should be read to refer to the copyright owner’s submission of a completed application.

Note that this does not mean creators need to register every creation. Copyright accrues to the author of a work at the moment of its creation. The registration requirement only applies to lawsuits for infringement. Neither creators nor the Copyright Office want to register every single creation in the United States; that's insane. But if you infringe on a copyright, the creator may register the work and then sue you, even if the work wasn't registered when you infringed on it.

Law firm K&L Gates still recommends registration: "An initial cease and desist letter to an infringer containing proof of copyright registration demonstrates that the claim may be filed in court, providing leverage to the copyright owner. Companies and other creators should consider routine copyright application filing to protect their valuable assets without loss of time and damages waiting for registration to occur after the infringement is discovered."

So calm down: don't send every blog post or Instagram photo you create to the Copyright Office. They don't want them. If you want to sue for infringement, then register the work. But how often does that happen?

The other case, Rimini Street, Inc. v. Oracle USA, Inc., clarified what "full costs" mean in an infringement suit, and won't apply to most creators the way Fourth Estate will.

Critics of the Web—30 years ago

Alexis Madrigal takes a look at criticisms of the World Wide Web from when it was new:

Thirty years ago this week, the British scientist Tim Berners-Lee invented the World Wide Web at CERN, the European scientific-research center. Suffice it to say, the idea took off. The web made it easy for everyday people to create and link together pages on what was then a small network. The programming language was simple, and publishing was as painless as uploading something to a server with a few tags in it.

Just a few years after the internet’s creation, a vociferous set of critics—most notably in Resisting the Virtual Life, a 1995 anthology published by City Lights Books—rose to challenge the ideas that underlay the technology, as previous groups had done with other, earlier technologies.

Maybe as a major technological movement begins to accelerate—but before its language, corporate power, and political economics begin to warp reality—a brief moment occurs when critics see the full and awful potential of whatever’s coming into the world. No, the new technology will not bring better living (at least not only that). There will be losers. Oppression will worm its way into even the most seemingly liberating spaces. The noncommercial will become hooked to a vast profit machine. People of color will be discriminated against in new ways. Women will have new labors on top of the old ones. The horror-show recombination of old systems and cultures with new technological surfaces and innards is visible, like the half-destroyed robot face of Arnold Schwarzenegger in Terminator 2.

Then, if money and people really start to pour into the technology, the resistance will be swept away, left dusty and coughing as what gets called progress rushes on.

The whole piece is worth a read.