Can Blacks use the law of discovery to carve out new territory and capital?

One of the failures of black leadership is its unwillingness to pursue a truly self-interested agenda for the people they allegedly represent. The current narrative of assimilation does not work. It puts blacks in an unequal and weak position compared to whites and other non-white populations who have pursued a capital acquisition policy first versus a political empowerment/assimilation approach still preferred by most blacks. It never discusses in any significant way the acquisition of productive capital around which communities can be built. Rather, the assimilationist argument centers on fluffy subjects such as social justice, membership of degreed blacks on the boards of white-owned corporations, and affirmative action in the workplace and in colleges and universities.

To be fair, a number of grass roots advocates do bring up the topic of access to capital by black-owned firms, but the problem is that business capital, whether in the form of loanable funds or equity investment is small compared to the number of black businesses in need of funding. Also, there is the risk that terms and conditions underlying the funding of black enterprise firms may not representative of the black population primarily because the boards that direct these underwriters are probably not members of the community in the first place. Just take a look at the names and faces of the members of the typical executive committee or board of directors and you see my point.

Blacks, as a people, simply are not calling their own shots. If you listen to the rhetoric of current black political leaders, liberty and freedom as it pertains to capital, are not a part of the lexicon. Black political leadership is more concerned with keeping blacks available to vote for white Democratic Party candidates as opposed to self-reliance. Probably in the minds of black political leadership, self-reliance would be akin to self-determination or nationalism and these leaders are afraid that such an approach would sever their attachment to America. But the attachment to America is false one, as I have argued before, because blacks did not come here voluntarily and apply the law of discovery.

To summarize Chief Justice John Marshall, the European came to North America but while acknowledging its Native American occupants, the law of discovery, of showing up first, gave title to the country making the discovery. That Native Americans were there first was irrelevant. Once, say England, made its discovery of what would later become the United States, it created a title that excluded claims by any other European power. Establishing this “title” over the land meant of course establishing control over its natural resources; land, air, water, minerals, the stuff that supports production, transportation, communications, energy generation and distribution.

To the activities that land, water, air, minerals, paid, indentured, and enslaved labor supported, the European was able to attach “coin”; to monetize. He would later create a centralized banking system to underwrite his government’s issue of debt as well as serve as the lender of last resort to commercial banks. The European’s financial system would, in conjunction with public sector investment, underwrite technological innovations that would further spur the design and production of consumer goods and services.

Blacks have been left largely out of the ownership of productive capital in the American political economy and as I have discussed in previous posts, it is too late and probably impractical to attempt any action under the laws of discovery for the purpose of acquiring the natural resources that underpin an economy that would support 43 million people on a self-sustainable, self-reliant way. But I do not think this is impossible.

Cyberspace provides “territory” that blacks can conquer and extract capital from. From the time I immigrated to the mainland I have always believed that blacks had the intellectual resources to construct their own vibrant economy. It boils down to a willingness of the black population to use broadband technology to connect to and import resources from outside of the United States and mixing those resources with the access to land, air, minerals, and water that blacks have here in the United States. It means the black population using its engineering skills to build a renewable energy infrastructure that provides electricity to its population. It means building communications networks using unlicensed to spectrum to tie black households to basic services. It means using the black population’s legal talent to advocate for laws that protect the importation of items into the United States that can be processed by plants designed and built in the U.S. by black engineers. It means using financial talent to reinvest these proceeds back into the black population and further growing its resources and income.

The great thing about applying the “law of discovery” to cyberspace is that no one has to be kicked out or enslaved. There is still plenty of territory to carve up; to reverse colonize but this time with equitable results.

The individual should aim to make competition law inconsequential

This morning between games of racquetball, a conversation among the racquetball posse came up regarding parsing out trophies for non-winners. We expressed our concern that giving trophies to children that finish dead last may be creating a society of slackers; a community of individuals that see no rewards from winning.  In the 21st century, Millennials is the group that has been taking much heat for expressing a value of entitlement based on just showing up. “Your mommy got you to the soccer game. Yeah me!” “We’re giving you an award for good citizenship because you tell everyone good morning while your grades are shitty. Yeah, me!” “You got an award for fourth place because the other guys in your bracket forfeited. Yeah, me!” Where does this attitude come from and should Millennials take the brunt of the criticism?

To the latter part of the question, I would argue that Millennials should not bear any part of the criticism. They are only reacting to a world that older grumps created and playing by the rules the older generation promulgated for getting along in this society.  I see this as a world created by the State and those who control the majority of private capital.  The attitude of these monopolists is that there is only so much of the spoils to share and if society is to maintain any validity, then the masses must believe that their participation in traditions and institutions and compliance with the rules will result in some type of reward, even if that reward cannot be tied to winning the actual prize.

It goes back to the “Logan’s Run Paradox” where if you want to continue life past age 30, you have to grab the crystal ball before being disintegrated by multi-colored lasers. Your aspirations must be encouraged, delusions fed, and your eye distracted from the reality that there is, at least under this current paradigm, only so much spoils to share. For over a century now, America’s paradigm of competition has been built on this lie and it is increasingly reflected in our political economy.

Americans argue that a competitive market structure is good for the economy; good for growth in jobs; good for the spread of economic opportunity. The United States over the past 120 years has crafted a regulatory framework that favors multiple participants in an industry driven by the premise that multiple providers are good for consumer choice and where prices are regulated by the ability of multiple firms to participate, the better. Actions by firms designed to keep other firms out of a market, whether those actions involve predatory pricing, vertical or horizontal mergers, or agreements between firms i.e. collusion, are prohibited by anti-trust law.  American government tries to regulate and create competition but is government’s attempt organic or an ill-fated effort to replace real competition with an artificial construct? In other words, is the State simply trying to make all soccer moms and their kids happy?

What the State refers to as anti-trust law is simply trade regulation law; regulating otherwise voluntary agreements between individuals to combine as an association that extracts and organizes resources for the purpose and creating and distributing goods and services. The State exercises its monopoly over a jurisdiction by regulating trade thus hoping to ensure that currency flowing through its payment system and the activities that generate tax revenue are left unimpeded. “Protection of the consumer” is a narrative expressed to the masses in order to garner their support for legislation that is onerous to trade.

The individual doesn’t need these laws once he understands self-reliance. The individual producing their own electricity with today’s technology need not worry about a utility’s monopoly. She does need to worry about the State’s invalid argument for helping to maintain it.  The individual using 3-D printing- technology to design and create tools and clothing need not worry about price gouging unless a so- called consumer protection agency extends its jurisdiction by promulgating rules that prohibits said production. The individual that generates valuable information and data for sale and transmits the value of that data via her own cryptocurrency need not worry about fiat currency created and issued by a central bank, unless that central bank and her ally, the treasury, promulgate rules that challenges the issue of an individual’s currency.

The individual, recognizing how inorganic consumer law is, should pursue personal policy that makes that public policy inconsequential.

Facebook the Common Carrier

A couple weeks after Mark Zuckerberg made his appearance before Congress to describe the privacy practices and overall business model of Facebook, two media personalities, Lynette Hardaway and Rochelle Richardson, appeared before the House judiciary committee to describe the discriminatory treatment they were allegedly receiving from Facebook. The two women, known as “Diamond and Silk” to their fans, argued that Facebook intentionally changed their algorithms to keep their conservative political viewpoints from appearing in the news feeds of their followers on the social media platform.

The hearing provided heated exchanges between the two Trump-adoring personalities and congressmen sitting on the left of the political spectrum. Engagement between Diamond and Silk and two congressmen in particular, Barbara Jordan Lee, Democrat of Texas, and Hank Johnson, Democrat of Georgia, caught my attention for the heat it generated in the hearing room.

Mr Johnson took issue at first with the subject matter of the entire hearing, driving home his point that the committee would best spend its time focusing on the investigation into alleged Russian meddling in the November 2016 elections or Mr Trump’s purported attempts to remove Robert Mueller from the election tampering investigation.  He then proceeded to disparage the credibility of Diamond and Silk by asking repeatedly whether or not they were paid by the Trump campaign. After the second or third time Diamond and Silk answered “no”, the congressman should have moved on but he kept asking the same question and brought back the same taint of ridiculousness he managed to pour on himself when failing in 2010 to articulate a simple concept of overpopulation of the island of Guam by projecting that the island would “capsize” if additional American military personnel were stationed there.

Ms Lee didn’t much better in the get it together department when she gave up two minutes of her time to introduce two kids visiting congress during bring your offspring to work day and tried to get time back in order to keep up an attack using vague questions about the timing of communications between Diamond and Silk and Facebook. Ms Lee also repeatedly asked Diamond and Silk if they had received payment from the Trump campaign. After answering no at least three times, Ms Lee just kept asking the same question. By this time Louis Gohmert, Republican of Texas, dropped the gavel repeatedly letting his home girl know that question time was over.

The only saving grace during the questioning of Diamond and Silk came from Steve King, Republican of Iowa. In his questioning he alluded to similarity between Facebook and FedEx, where, like FedEx, Facebook promises to deliver a message from user to follower. If the company is preventing those messages from being received then they may be discriminating.

Facebook prefers to describe itself as a digital commune where the world connects over a bottle of Coke, a smile, and a blunt. As a user, I look at Facebook as an entertainment medium and a channel for my blog. But, over a Coke and a smile sans blunt I can also see why it could be called a common carrier.

Roger LeRoy Miller and Gaylord A. Jentz define a common carrier as a transportation service publicly licensed to provide transportation services to the general public. A common carrier must arrange carriage for all who apply, within certain limitations. The delivery of goods to a common carrier creates a bailment relationship between the shipper and the common carrier.

A bailment is a situation in which the personal property of one person (the bailor) is entrusted to another (the bailee), who is obligated to return the bailed property to the bailor or dispose of it as directed.

The common carrier’s standard of care over the received goods is based on strict liability. This means that the carrier is absolutely responsible for damage to the property in its possession with the exception of five common law exceptions:

  1. An act of God.
  2. An act of a public enemy.
  3. An order of a public authority.
  4. An act of the shipper.
  5. The inherent nature of the goods.

Calling Facebook a common carrier could raise the issue of lost profit. Diamond and Silk could claim lost profits from Facebook’s failure to deliver their messages to their followers. Diamond and Silk would have to provide evidence that the messages are being delivered for the purpose of making money and not just the expression of an opinion. Diamond and Silk would also have to provide evidence that a clear communication of profit motive was given to Facebook and that Facebook understood that communication.

Facebook’s net neutrality posse never had this scenario in mind when they pushed for more regulation of internet freedom via the imposition of net neutrality rules based on a telephone statute passed in 1934. Nor did they foresee the very openness on the internet they advocate for would lead to third-party abuses from violating user privacy to one nation-state upsetting the elections of another nation-state in cyberspace. Unfortunately, to keep Facebook in line with its commercial users’ expectations, common carrier treatment of Facebook may be an option.

 

The physics of capital

Is capital is fixed? Like energy can it neither be created or destroyed? In an hour from this writing financial markets in the United States will open up for trading. These markets act as the medium for converting cash into stocks or bonds. The law of energy would describe this conversion as the creation of a disordered state where the original form of matter, in this case cash, is turned into a more disordered state, in this case a security.

The market process does not follow the law of energy precisely. Whereas after converting matter into a disordered state means that the resulting products cannot be recombined into the original form, the stocks and bonds purchased with cash can be sold in the markets with the result being the original form, cash.

The market provides a conduit for energy transfer, the transfer between cash and securities. I consider the energy transfer that we see in the financial markets as an echo of the original and most important form of capital: information and knowledge. Information and knowledge are the “big bang” of our capital universe. The information that we derive about and from the land allow us to create and use knowledge about farming, mining, fishing. As the land becomes increasingly valuable as a source of goods and services, we use this knowledge about productivity as leverage for creating banks and banking and payment systems. Through lending and borrowing money is created and these funds can be used to expand productive capacity or invest in stocks or bonds.

Information isn’t the capital of the 21st century. It has been the premier capital of human existence. All other substance we refer to as capital emanates from this origin and is a reflection of the value of information.

I would argue that knowledge and information represent another divergence away from the laws of energy. Knowledge and information are not fixed. Man is always discovering something new whether about himself as a sovereign or about the universe around her. The more she discovers and the better she is at communicating her discoveries, the more capital in the form of currency that she can accumulate.

Currency transmits to the markets the value its holder has. It should also signal us to look behind the currency to determine who the holder is.  The rapper who has $300,000 in currency but owns no productive property and has no prospects for another hit album in a year has low value. The markets will not want to trade with him on a continuous basis versus a writer with $50,000 in coin but also owns land that she rents out for farming and is able to write software apps when not writing music. The market will see her as high value and will trade her currency.

This creates a political dilemma for politicians who claim to represent the interests of the poor. They must now come to terms with an information gap spurred on by a lack of critical thinking skills in America. Solving real world problems not only benefits the individual but benefits communities overall as solutions are distributed throughout communities. The ability to bring solutions to real world problems enhances value and creates currency. For the poor access to quality education or other resources that provide a conduit to knowledge should be at the top of the policy agenda if they are to survive an economy that asserts a greater need for knowledge and information talent.

Capital may, after all, not be fixed and can be created. Information is the most important source of capital and like energy needs an infrastructure that allows its generators to signal and transmit value.

 

When local government meets high tech sovereigns

Sometimes I think city government is sleeping at the wheel when it comes to technology and capital flows. During its lucid moments, government will fall back on its 1960s playbook of economic development by announcing plans to bring back manufacturing jobs that pay better wages than the service sector jobs that replaced factory work and eviscerated wages. This narrative may have worked in a locality that was created to take advantage of proximity to a local natural resource where factories could then convert the resources into goods for local and other markets, but for a city like a 21st century Atlanta, that narrative is disingenuous.

Atlanta’s “natural resource” today is information. Workers who know how to find, extract, organize, and distribute information are going to be the one’s who obtain employment and the higher wages that come along with work in the information sector. This demand for an information-centric political economy, I believe, is being driven by the changing tastes of capital. Capital wants its goods and services delivered conveniently and its production customized.

Information technology allows capital to target funds directly to high-value driven information entrepreneurs that can deliver a product that was designed, manufactured, packaged in, and delivered from multiple jurisdictions. Capital has no love for mass appeal. Why deal with crowded banks, malls, car dealerships, or grocery stores when extra minutes of leisure can be carved out by the manufacturing and service delivery efficiencies provided by Tesla, Uber, Grubhub, and Insta-cart.

Along with these efficiencies in product manufacturing and delivery come smaller work forces or work forces outside of the jurisdiction of local governments. Local governments have been the front line defense of investor capital from disgruntled labor. They regulate labor union speech during strikes. Where there is violence they arrest the rowdy. However, in an information age where there are a greater number of tech shops employing smaller numbers of non-unionized information workers versus a handful of large factories employing thousands of unionized lower-skilled workers, there is less demand for the police powers of local government. Disgruntled employees at today’s tech shops simply take their information knowledge somewhere else or create their own firm.

Eventually government starts tossing and turning in its sleep. It sees its “labor clamp down” requests severely diminished. Higher incomes start translating into reduced need for government services from garbage removal to security. Higher income earning citizens may consider pooling resources to support campaigns of candidates who agree to reducing tax burdens are, too the extreme, support carving out or “leasing sovereignty” to higher income communities.

Question is, how will those with no capital react to the erection of this wall of individual sovereignty?

Capital, technology, social media, & fake connection

Capital uses technology to create a singularity in the individual. This process toward “self-actualization” is the wrong one because the journey to self has nothing to do with technology or capital.
 
The downside of using technology to create a singularity is that as part of validating its use, technology markets itself to the masses as a way of creating a collective consciousness, a fake singularity.
 
I call it fake because trying to create a oneness with multiple, diverse, un-self actualized minds is dangerous and only leads to narcissism on steroids. It is the mistake that liberals, for example, have been making for the last 130 years of political history in the United States. One need only look at social media and see the effects.
 
Meanwhile, the masses, believing they are creating some good through collective behavior are merely being used by the few that herd them up into single-minded, over-emotional mania.
 
Eventually this fake singularity collapses on itself with violent repercussions as all shifts in mass political behavior eventually does as this fake singularity is exposed for what it truly is; a distraction.
 
What are the masses being distracted from? The fact that progressives have learned how to hoard and leverage inside information, move to urban centers, monetize this inside information, and raise rents on the poor, forcing the poor to move to lower quality areas.
 
Meanwhile, rich, liberal urbanites become more “singular” meaning less diverse as they show their true value system, one that was never built on diversity, but where a diversity narrative was merely used as a Trojan Horse that allowed them to infiltrate minority communities and run out people that neither look, act, or think like them.
 
Atlanta, Manhattan, San Francisco. We see it, but cognitive dissonance allows us to ignore it. The fake singularity has no room for an organic collective.

Decentralization like anarchy is threatened by a fear of vacuum

China is increasingly its crackdown on the production of cryptocurrency including Bitcoin. Last year China prohibited the issuance of new cryptocurrency and today is taking the attack a step further by shutting down China’s mining network, a network reportedly responsible for 80% of the mining power behind the cryptocurrency production platform. It comes to me as no surprise that a severely centralized political economy would allow a value exchange system predicated on decentralization to go on about its business unchallenged. China appears to prefer nip the decentralization concept in the bud now versus following the rest of the world down the rabbit hole and the eventual violent repercussions.

What cryptocurrency investors in other tax and customs jurisdictions will eventually find out over the next decade is that decentralization or controlled anarchy is a temporary state of societal mind. Probably from the time tribes started to trade with each other and currency, property, trade rules, and contracts were put in place, anarchy has occupied the briefest periods. It takes little time before someone pretends to be Ghengis Khan and wants to “unite” the clans in the name of order and peace. The same thing, I suspect, will also happen with cryptocurrency.

I view corporations as privateers, licensed by government to ensure that government’s tax extraction system works smoothly on a day-to-day basis. Corporations create taxable activities by extracting resources, converting resources into inputs; converting inputs into final products, and selling those final products to end users. End users are employed during the resource extraction, organization, sale process and as employees are converted into payers of an income tax. Employees are also consumers and as such see the income taxes of business firms passed on to them via a sales tax. Corporations are the tax monetizers in the government tax receipts system and as such will do the State’s bidding when the State identifies a threat and calls on the corporation to help fortify it.

One corporation that will be called on to help fortify the State against cryptocurrency attempts at usurping State power will be the utilities. The utilities are the paragon of centralization and provide great game plans for any wanna be monopolist who wants to protect its turf. More important, utilities, especially in tax and customs jurisdictions where distributed generation has not taken hold, will be at the front line of the push back on cryptocurrency. Miners should not be surprised that the State cuts off their electricity. Last time I checked, digital equipment runs on electricity.

Another consideration is how the State will employ broadband providers in their crackdown. I see the State using net neutrality principles to force internet service providers to provide as much information as possible on the encrypted cryptocurrency data flowing across their networks. Net neutrality requires that internet service providers provide consumers with network management information as it pertains to the delivery of their services. I can see the Federal Communications Commission bringing its own action to force these companies to provide them with information on network activity as well.

And what is to stop the further broadening of the Communications Assistance for Law Enforcement Act by requiring that mobile and fixed wire broadband access providers participate where technically feasible in decrypting encrypted messages that contain cryptocurrency information? Congress will have to be moved by continued strategic communications geared to persuading members that the potential use of cryptocurrency by sex traffickers and drug smugglers warrants significant amendment to the Act to cover garnering information on cryptocurrency transactions.

All States are built on centralization. Whether a communist or capitalist model is only a matter of degree.