This seems like a really good one :)
This seems like a really good one :)
More seriously, there are loads of bad regulations that were never good to begin with. Of course there would be. Motivations vary from do-gooding to incompetence to corruption, and if you believe this is impossible then I've got a bridge to sell you. And there are loads of bad regulations that are bad just because they are no longer necessary or relevant. Of course there would be.
Day 1: you create a regulation to stop some company from forcing employees to put their hands in a running wood chipper. Hurray, one predatory person has been stopped.
Day 2: A predator by hook and crook lobbies for a regulation to give them a competitive advantage.
Day 50: We've got 50 sincerely conceived regulations and 50 predatory regulations. Regulatory work has accelerated as the state has gotten better at it. Quite a few of the sincerely created regulations are meant to mitigate problems caused by the predatory ones! A call is sounded for deregulation.
Day 51: 35 regulations are thrown out based on lobbyist pressure and "grass root" campaigns.
Day 52: A company sends out a memo: "Due to the extra maintenance costs of hard stopping our wood chipper, we ask you now always leave it running. If it stalls on something the policy remains unchanged otherwise: pull it out."
It's an eternal arms race and I think the predators win almost always. We can't recognize or disarm them as faster than they can use our own methods and tools against us. As far as I can tell, oppose consolidation of power and work to never surrender leverage over yourself.
When it comes to protecting consumers, for example, regulations are generally not bad. Some regulations have been removed because some people want "efficiency" - and again, we have to pick the circumstance. Too much regulations (getting permits from 10 different agencies is slow) can drive up the cost (more application fees, higher construction cost due to delay), but too little or too lax can do harm. We all face this at work as software engineers...
[1]: https://wislawjournal.com/2010/11/03/regulations-show-courts...
Based solely on what's in the article, it wouldn't apply to businesses that don't carry inventory, notably services businesses.
> Every person shall obtain a closing-out license before conducting a closing-out sale
http://www.businessinsider.com/ridiculous-regulations-big-go...
Not saying I agree with all of the points in that article, but these strike me as a few harmful regulations:
> A U.S. District Court judge slapped a $500 fine on Massachusetts fisherman Robert J. Eldridge for untangling a giant whale from his nets and setting it free. So what was his crime? Well, according to the court, Eldridge was supposed to call state authorities and wait for them do it.
> The state of Texas now requires every new computer repair technician to obtain a private investigator's license. In order to receive a private investigator's license, an individual must either have a degree in criminal justice or must complete a three year apprenticeship with a licensed private investigator. If you are a computer repair technician that violates this law, or if you are a regular citizen that has a computer repaired by someone not in compliance with the law, you can be fined up to $4,000 and you can be put in jail for a year.
> The city of Philadelphia now requires all bloggers to purchase a $300 business privilege license. The city even went after one poor woman who had earned only $11 from her blog over the past two years.
1) http://www.capecodtimes.com/article/20091001/NEWS/910010317
> illegally untangling a humpback whale caught in his fishing gear.
> ... violating the federal Endangered Species Act and the Marine Mammal Protection Act.
Humpback whales were considered endangered species as the time. Certainly doesn't seem crazy to give extra care when handling endangered species
2) https://www.dps.texas.gov/RSD/PSB/Laws/psb_opin_sum.htm
> Computer repair or support services should be aware that if they offer to perform investigative services, such as assisting a customer with solving a computer-related crime, they must be licensed as investigators.
Sounds like the requirement applies to those who offer services that would be considered private investigation.
3) https://www.wired.com/2010/08/five-myths-about-philadelphias... provides a decent contemporaneous rebuttal.
Barbers and hairstylists are tested on proper hairstyling and sanitation technique.
This is one space where regulation to ensure people follow proper technique and sanitation protocols is needed.
Great discussion as always on econtalk: http://www.econtalk.org/archives/2018/01/dick_carpenter.html
Barring someone from working in a given industry, meanwhile, stops them from ever having the opportunity to commit the same crime again.
If a lawyer goes to jail for fraud, you don't want them to still be a lawyer when they get out, do you? This isn't like regular crimes (e.g. crimes of passion); fraud, blackmail, etc. are extremely deliberate and intellectual acts, and the type of person who decides to do them doesn't tend to suddenly happen upon any more scruples later on in life.
Of course, you could just say that we can make it part of the legal punishment of the criminal that they can never work in a given industry again (like we do for e.g. hackers). But is the government setting the terms of what is or isn't "work in that industry" better than actual industry-members setting those terms? Right now, people convicted of "hacking" aren't even allowed to own computers, for the most part. Doesn't seem like the government really knows what it's doing there.
Plus, allowing industries to self-regulate using guild licensing allows for enforcement of things besides strict legal criminal penalties. For example, the Society of Engineers can kick you out if you intentionally sign off on something as safe when you know it's not. That's not illegal—you'll go to jail if the building/bridge/etc. falls down; but if it doesn't, you're "safe" from criminal prosecution. But if the Society of Engineers finds out, then you're not a capital-E Engineer any more, and now all your signed-off-on documents will have to be rechecked.
2. Why wouldn’t I want them to still be a lawyer? I do not believe that everyone who commits a crime (and is caught, and convicted) is morally corrupt for the rest of her life.
My issue with police misconduct is that it is institutionalized and practically protected and normalized.
Is this the case with malpractice?
I’d think that the army-like bonding of police officers is a part of the reason for letting a lot of issues slide. Is there a similar phenomenon with lawyers?
What actually happened is that he put nets near the whales, and then left one of them entangled in the cut off nets (so, probably killed this member of an endangered species due to his recklessness).
http://www.capecodtimes.com/article/20091001/NEWS/910010317
> Texas
Again, the regulation here is that IF YOU ARE INVESTIGATING COMPUTERS, you need a PI license. If you're swapping video cards or reflowing solder or whatever, you don't.
> Philadelphia
There isn't any blogging tax. https://www.wired.com/2010/08/five-myths-about-philadelphias...
I've found that libertarian blogs which have these stories about oppressive regulation are invariably - 100% - lying. I've never found a true story about oppressive regulation. The reality is, no one is sitting around rubbing their hands together and thinking about all the ways to oppress the public for no reason.
Of course manufacturers need to apply for each product SKU individually and needs to resubmit every 3 years, and pay a fee of $150.00 per every 10 SKUs with a maximum of $1,500.00 with their application.
In response MA will cash their check and add a line item into a database (which they paid probably untold millions to build) and do absolutely no testing or certification of their own.
The typical solution is to simply stipulate that products must have gone through nationally accredited testing for XYZ and that the licensed plumber simply attests they have verified this is true for any fixtures they installed by checking a box on the permit form.
But you know, 100,000 product SKUs at $1.50 per SKU every 3 years is a pretty sweet money grab.
So much for ordering a $30 cold water fill from Amazon, I can pay Delta $100 for the same thing. Or, you know, install the Amazon version myself after the inspection is done.
Ditto for regs which technically make it illegal to install a light switch or new outlet with USB charging ports on in. Because, you know, screwing in 3 wires.
Ditto for regs on make-up air for over-range ventilation which doesn’t account for the actual tightness of the building envelope and type of vented gas fixtures which could conceivably backdraft. Wouldn’t want to make it too complex, let’s just cut big fucking baffled holes in the building envelope to “make-up” for every CFM over 400. I guess I can just disconnect the pressure switch after the inspector leaves.
Building codes are often quite sensible and important. But some states or even towns in particular turn it into a money grab.
Sigh, first world problems.
It's better said, that every regulation was enacted with good intentions... whether or not the result is good or bad is something entirely different.
http://braidingfreedom.com/braiding-initiative/standing-up-f...
You don't personally enact regulations... those who do are the ones with the good intentions. To them, the regulations seem sensible and net-good... no matter how misguided it might happen to be.
For example, a few years ago when Uber moved into Sarasota, the taxi companies complained. The city did something remarkable - they eliminated the regulations that Uber wasn't complying with. AFAIK, there really haven't been any negative consequences.
None at all? Not a single one? Did Uber pinky swear this?
It's natural to imagine that for such large systems, it's controlled by a little more than a few simple variable. But unfortunately, the levers and knobs that the population sees is something along the lines of low / high government and taxes.