Thoughts on rationalism and the rationalist community from a skeptical perspective. The author rejects rationality in the sense that he believes it isn't a logically coherent concept, that the larger rationalism community is insufficiently critical of it's beliefs and that ELIEZER YUDKOWSKY IS NOT THE TRUE CALIF.

Legally Recognizing Digital Human Memory

Or Using Smartphones and Smart Speakers to Solve All Violent Crime

We are at the point, or very near it, that our technology could virtually eliminate unsolved violent crime. For instance, suppose we all constantly captured audio with all our smart devices and uploaded it to the cloud. Our devices could update the uploaded buffer when we log into our devices later and fail to report an emergency1. Unlike biological memory this could be reliably used in court and captured even by murder victims.

Why don’t we use this kind of tech to take a bite out of crime? Well, for the moment it still might strain our bandwidth and storage resources but 5G and ever cheaper storage make this a temporary issue but even people who can afford those resources aren’t so inclined. Now one might think it’s out of fear of technical loss of privacy. What if amazon, google or some hacker figures out how to access our buffered audio?

But that’s not really a convincing worry since it’s pretty easy to secure the buffered audio more securely than our devices themselves are secured. I mean anyone who can hack our cell phones and smart speakers can just enable listening in directly while we could split the secrets to decrypt the audio between multiple big tech companies. The real problem is that we are creating a record that can be subpoenaed and used against us or our intimates without our permission.

What we need to solve this problem is some digital legal analog of biological memory. That is a class of digital records that, like biological memory, need not be produced if the creator chooses not to. Of course, it’s actually a bit more subtle because we can all be compelled to testify but when we do so we not only maintain our 5th amendment protections we can also simply lie or evade. In conjunction this prevents fishing expeditions that a digital record would allow (e.g. I’m sure my husband did something unsavory during the last 48 hours let’s subpoena his audio record so we can use it against him in the divorce).

One possibility is to only use such records as a supercharger for testimony (unless the individual who created it has died). In other words the only access to such data would be by allowing it’s creator to review the tape and indicate what happened in a deposition that would be checked for perjury/accuracy by a third party (special master?) against the actual tape. Maybe it’s not the best solution but we need something that lets us treat our digital memories like our organic ones with respect to our control over their revelation.


  1. One might naturally worry about the friends and family members who commit a great deal of violent crime scheming to impersonate you to clear the incriminating information but if we always keep a sufficiently long buffer so as to make the failure to report us missing during that time suspicious we can at least minimize the risk. 

  Category: Law
  Comments: None

A Liberal Case Against Roe v. Wade

Why Roe Skepticism Doesn't Make One A Judicial Extremist

So I think that a right to have an abortion isn’t just a good idea but a vital component of maintaining a modern, egalitarian and free society. It’s important enough to our way of life and makes so much difference in outcomes that it should be enshrined in our constitution with other fundamental principles like free speech or freedom of religion.

Problem is that it wasn’t. Certainly not explicitly. Since I believe that it’s an appropriate function of the US supreme court to expound new legal theories, rights and remedies (as part of the great tradition of common law as the founders intended) in itself this isn’t a problem. The court certainly could have validly developed a theory of personal autonomy which coherently marked the right to receive medical treatment to terminate a pregnancy as protected in much the same way as it has coherently developed the theory of personal autonomy interests in people’s private sexual liaisons (accepting the consequences even when it reaches results like protecting fundamentalist mormon derived polygamy despite the unusual partisan valence).

Unfortunately, the court simply hasn’t done that. If banning medical treatments that would let someone terminate a pregnancy implicates personal autonomy then banning medical treatments that might let save me from dying of cancer must do so to an even greater degree. Yet the court does not recognize a constitutional right to try medication that hasn’t been approved by the FDA even when the approval was denied merely because the FDA judges the harmful side effects too severe or the evidence for efficacy too weak or not yet fully presented. In other words even when the government merely thinks my fully informed (and not mislead into fakery) judgement about what risks to take or harms to endure for a chance at a cure is unwise or ought not to be encouraged this isn’t seen as infringing on my right to personal autonomy. Even though those who want to ban abortive medical services are similarly expressing a value judgement about the relative merits of the consequences of doing so.

Nor is this some narrow exception justified by the compelling governmental need to incentivize efficacy trials or exclude quackery. Even when the government bans use of Marijuana as medicine the court doesn’t require any showing from the government that it’s not denying citizens the personal autonomy to effectively treat their medical condition as it would if it felt that any true constitutional right were implicated. It might not fall on identity based fault lines but surely being forced to lose one’s sight to glaucoma is rather than take an intoxicating medication, if not on par with having carry a child to term1, still an undeniably substantial infringement on personal autonomy. The court isn’t any more sympathetic when individuals seek to assert a constitutional right to drugs like peyote even when, as in Employment Division v. Smith, the individual is seeking access to peyote as part of a deeply felt belief in the religious principles of the Native American Church.

Intuitively, maybe you feel this is all silly. Surely none of this crap is important the way abortion is. How dare I suggest denying some wacky religious use of peyote is comparable to forcing women to carry a child to term. Indeed, I agree with you. These aren’t anywhere near as important and retaining women’s right to choose. But that’s the point. Constitutional protections for abortion don’t flow from any generally applied/developed theory of a right to personal autonomy or anything else. They flow from a value judgement about the importance (and correctness) of protecting a women’s right to choose. Even on a liberal living constitution theory of jurisprudence that’s not kosher. The supreme court is supposed to articulate general theories/conceptions of constitutional rights not weigh in individually on policy judgements simply because they happen to be really important or bad.

Having said all this I still believe that reliance interests favor respecting stare decisis when it comes to Roe. Personally, I actually believe they should respond by actually taking seriously the idea of a right to personal autonomy that is infringed by government restrictions on what medical treatments or drugs one can access. However, there is surely a strong argument that even someone who has a liberal judicial philosophy should react to the strong policy considerations that animated Roe and vote to reverse this outlying opinion.

Now, I don’t expect most people who read this to agree with this last conclusion. However, if you at least found these worries/arguments cogent, serious and requiring a substantive rebuttal you certainly can’t join the howling masses in suggesting that an unwillingness to uphold Roe v. Wade is indicative of a right wing judicial extremists. If you really believe that the Senate should confirm any academically/judicially qualified candidate without disqualifying extremist views then you can’t simply insist that Kavanaugh must be such an extremist because he happens to hold a non-crazy position that you’re convinced is not only really wrong but also really important.

It’s still perfectly reasonable to think that abortion is important enough that the Senate shouldn’t confirm anyone who will vote to overturn Roe. I hold such a position myself. But let’s not confuse that straightforward disagreement with the claim that somehow the conservatives have violated a norm of judicial non-extremism. Just admit that some principles can be important enough to vote against nominees who don’t support them no matter how reasonable or even mainstream (relative to the political landscape) their views are.


  1. Note that even if it turns out no one actually is faced with that choice, e.g., the commercial drugs now manage equal effect, the point is that the court obviously wouldn’t even require the government to demonstrate such a point to uphold the restriction of Marijuana. 

Trump’s Twitter

Preserving The President's Free Speech Rights

So I’ve long been skeptical about the 1st ammendment right not to be blocked on twitter by Donald Trump. It seemed to me th
e fact he was president and even talked about official policies in his tweets in no way meant his actions on his twitter account were taking in his public capacity. As Prof. Volokh points out in the link it’s is common for presidents to discuss policy, promise governmental action and even announce new programs during their stump speeches which are clearly and unequivocally understood to be made in their capacity as private individuals.

But Prof. Volokh finally convinced me on this point by observing that Trump uses white house staff to manage and post on his twitter account in ways that would be illegal if it was a political or even purely personal concern.

Nicely, this means we don’t have to worry that it will become impossible for government officials to campaign via social media. Donald Trump can have @RealDonaldTrump as his personal twitter but he then has to run it out of Trump tower or his political staff and not the white house (though he will probably be far too lazy to do that).

More broadly, rather than the harms I feared would come from either treating all presidential social media as official or unofficial we get an incentive for politicians to more carefully separate their official and personal roles.

Blocking of Twitter Users from @RealDonaldTrump Violates First Amendment

President Trump has been blocking some Twitter users from his @RealDonaldTrump account, apparently because of their viewpoints. (The President apparently stipulated, in this lawsuit, that “[s]hortly after the Individual Plaintiffs posted the tweets …

Social Control and The Principle Agent Problem

The Chinese Example And The Dangers Of Restricting Free Speech

This interesting post reminded me of my suspicion that a lot of the censorship in China isn’t the result of Xi Jinping’s crazed desire to be repressive. Almost certainly Xi would benefit from far less censorship and may indeed benefit from reports in the media exposing misbehavior by low level party officials but the incentives of those with the power to control expression (both to show off their loyalty and hide embarrassing events) means that far more censorship gets implemented than Xi would ideally want.

I think this is an important lesson for those who want to limit our free speech (or academic freedoms) when it comes to issues of race, gender harassment and the like. Even though the speech that one intends to ban may not have much value and impose great harms one needs to keep in mind the risks posed in delegating the practical authority to determine what speech qualifies.

Ethereum Eschatology and Bitcoin Bankruptcy

Regulatory Arbitrage and Governmental Support For Cryptocurrency Alternatives

So I’ve been thinking a bit about cryptocurrencies lately and I don’t think the future is very promising for Bitcoin, Ethereum and other pure cryptocurrencies. I’ve always been a big fan of these currencies (though don’t get me started on the idiocy of companies using blockchain everywhere) but I think they are doomed in the not to distant future. However, this is only because I am convinced it won’t be long before we have the option to realize all (or at least most of) the major benefits of cryptocurrencies without the kludge and overhead of the blockchain, the dangerous price volatility and the unreliability/general sleaziness of many cryptocurrency exchanges.

Now lots of cryptocurrency value is currently the result of pure speculative interest. People are making a big bet that Bitcoin or Ethereum will take off and surge in value. While I highly recommend this Last Week Tonight episode mocking the HODL gang and other idiocy in cryptocurrency investing it’s not a fundamentally unreasonable bet. Just an extremely high risk bet that eventually non-speculators1 will buy out the speculators at well above (enough balance the risk) the current market price. It’s a bet that the currency will prove to be (at least) so useful/desirable that normal economic actors will see fit to hold far more value in the cryptocurrency than it’s current market capitalization of $151 billion BTC/$63 billion ETH. Given that $5 trillion is being held in physical currency and $60 trillion is held in bank accounts if you think there is a decent chance that Bitcoin or Ethereum will be adopted as the global currency then it’s valuation might not be absurd.

However, let’s ask what it is that cryptocurrencies offer the non-speculator. It seems to me there are several attributes that make them desirable.

  1. Cryptocurrencies offer finality in payments, e.g., unlike credit cards you don’t need to worry the payment you received will be cancelled by the payor or reversed as fraudulent.
  2. Cryptocurrencies let you pay people who wouldn’t (or can’t be bothered) be get paypal merchant accounts or US bank accounts.
  3. Relative freedom from government monitoring.
  4. Smart contracts. I can enter into cryptocurrency contracts that are enforced regardless of what a court thinks and even if local law enforcement is non-existent.
  5. Cryptocurrency schemes don’t require any kind of trust in government currency or a government system.

Frankly, 5 isn’t a serious consideration. It matters to a few people who want to show off their crypto-anarchists credentials but generally having a central bank behind one’s money is an advantage (stability etc..). So much so that other cryptocurrencies are trying to build in similar systems. If your concern is a hedge against inflation or governmental collapse you are better buying gold which a desperate government can’t try and attack (a combination legal and technical attack by a motivated government would seriously threaten any cryptocurrency). Besides, you can still use it if the internet fails.

But notice that, excepting 5, really all these advantages are really just avoidance of regulation. I don’t think there would be much demand for cryptocurrencies if it was legal to make a version of paypal where payments were completely final (even if they later turned out to be fraudulent), all records of transfers were immediately deleted, no one was turned away (marijuana growers, people in countries with sanctions and even conmen all got to keep their accounts) and the government couldn’t easily monitor accounts or determine whose account was whose.

Now some of this is just about enabling illegal activity (which also has value insofar as it lets individuals replace organized crime in the drug trade) however, strange as it might seem there is really substantial value in monetary exchanges with less protections against fraud and theft. In high-trust, relatively low value transactions in countries with strong legal systems such protections are a bonus but they make it virtually impossible to do make deals in low trust situations or when the seller can’t absorb a loss. For instance, as a tourist I couldn’t buy a high value good (say a found meteorite) from a villager I encounter because even if he could accept credit card payments he doesn’t have the means to contest a claim of fraud I might later make so, without cash, we can’t reach a mutually beneficial deal.

What puts current cryptocurrencies at risk is the fact that at any point any of the hundreds of sovereign governments on Earth could choose to offer an alternative digital payment system capturing most of these benefits. At any time Montenegro could sit down with Goldman-Sachs and some IT guys and launch Montenegro digital cash. Individuals from around the world could open up numbered accounts on the MontCash website and transfer money in or out of these accounts using credit cards or bank transfers. The MontCash app (or api) would then function exactly as paypal does today except that it would have numbered accounts (instead or as well as accounts in individual names), wouldn’t allow chargebacks or canceled transactions (absent a final court judgement) or require troublesome certifications to accept money at scale. In other words MontCash would just be a trusted bookkeeper maintaining a list of account balances.

Of course, diplomatic pressure would ensure that no government offered a completely untraceable totally anonymous system like this but for 99% of users it would be just as good (indeed better in some respects than Bitcoin’s publicly trackable transactions) if MontCash only released the accounts linked to certain payments, deposits etc.. only in response to a subpeona/warrant or for use in terrorism cases. While many governments might not particularly like the fact that accounts are simply numbered and can be used by whoever has the right credentials if it appears that real cryptocurrencies are gaining serious adoption (as necessary to vindicate their current valuation) then a system like MontCash would start to seem like an appealing alternative. After all, unlike Bitcoin, MontCash would still allow accounts to be seized with valid court orders, be more convenient to subpoena for transfers to/from given credit cards/bank accounts than the fluctuating legion of cryptocurrency exchanges and, most importantly, offer the carrot of secret counterterrorism access. After all, 99% of users wouldn’t care that much if the NSA/GCHQ etc.. got some degree of secret access to the financial data feed provided it wasn’t shared with tax collectors or drug dealers while the counterterrorism/intel benefits of having not only all transactions and accounts used to purchase or sell MontCash but also log details of where the app/api was used on what kind of device etc.. would be invaluable.

Even though it might not be universally loved the potential for massive profit by whichever country decides to give this a go is a very strong incentive. Not only could they collect a tiny percent of each transaction but they would earn huge amounts of interest on their total deposits. Also, they would have a compelling reason to allow numbered accounts not associated with any individual since they would get to keep all funds in such accounts when the owner losses their password (or cryptographic key or whatever). It’s hard to imagine that no country would take up this opportunity if they already see a true cryptocurrency gaining legitimacy. A system like MontCash would be far more attractive to most normal users as it could offer accounts denominated in various stable currencies (dollars, Euros etc..), greater user friendliness and more flexibility (you could potentially set daily transaction limits for your account, give up some degree of anonymity for password recovery options etc..) not to mention solving the long transaction times and high overhead costs (paid for in fees rewarded to miners) in cryptocurrencies.

In short, it’s hard to imagine that cryptocurrencies will win the day when for everyone but the hardcore technoanarchist their needs can be better met by a system that governments would see as less bad and can bring into being at any time.


  1. It’s not possible to maintain a rate of return substantially outpacing global economic growth indefinitely and eventually even the most irrational speculators will realize the good times are over and either liquidate their investments to speculate elsewhere or store their value in a safe asset. If, at this point, there isn’t sufficient non-speculative investment in the cryptocurrency to support it’s price the price will crash as speculators race to sell. 

Don’t Make Drug Companies Police Usage

Is this a ridiculous amount of opiates for a single small town to prescribe. Sure thing. But I find the idea that drug companies being held to task for this, and thus implicitly the idea that they should have done something to supply fewer pills to these pharmacies deeply troubling.

I mean how would that work out? The drug companies are (rightly) legally barred from seeing patient records and deciding who does and doesn’t deserve prescriptions so all they could do is cut off the receiving pharmacies. Ok, so they could put pressure on the pharmacies to fill less prescriptions but the pharmacies also don’t have patient records so what that means is the pharmacies scrutinize you to see if you ‘look’ like someone who is abusing the prescription or a ‘real’ patient. So basically being a minority or otherwise not looking like what the pharmacist expects a real pain patient to look like means you can’t get your medicine. Worse, the people scamming pills will be willing to use whatever tricks are necessary (faking pain, shaving their head whatever) to elicit scripts so it’s the legitimate users who are most likely to end up out in the cold.

While I also have reservations about the DEA intimidating doctors into not prescribing needed medicine it is the government (who, I understand, is informed about the number of opiates being sold by various pharmacies) who should be investigating cases like this not the drug maker. Personally I think the solution isn’t and never has been controlling the supply but always about providing sufficient resources like methadone and bupenorphine maintenance so people who find themselves hooked can live normal lives.

Drug companies submerged WV in opioids: One town of 3,000 got 21 million pills

Drug companies hosed tiny towns in West Virginia with a deluge of addictive and deadly opioid pills over the last decade, according to an ongoing investigation by the House Energy and Commerce Committee. For instance, drug companies collectively poured 20.8 million hydrocodone and oxycodone pills into the small city of Williamson, West Virginia, between 2006 and 2016, according to a set of letters the committee released Tuesday.

Is The Foreign Corrupt Practices Act Appropriate?

Do We Really Respect A Nation's Soverignty When We Decide How Their Laws Should Be Understood And Enforced?

I’m rarely one to agree with Trump and disagree with Tyler Cowen but I’m inclined to think we should eliminate the Foreign Corrupt Practices Act rather than merely implement the minor changes he suggests. At a gut level I find the idea that we are imposing our norms about how law, public office etc.. should work on other countries unpalatable and at a more cerebral level feel that we shouldn’t put people in prison or even fine companies without a compelling reason to think it serves some important social good. My mind could be changed by substantial evidence this law improves the welfare in other countries but there is no apriori reason to think it will reduce, rather than increase, corruption overseas (e.g. the game theoretic aspects to providing insurance to the bribe taker that the bribe giver can’t turn them in).

If the question was whether we should help overwhelmed countries who find their anti-corruption efforts foiled by American companies wealth and global nature that would be a different matter and I support assigning DOJ resources to assist worthy local corruption prosecutions. I’d even favor a law which allowed the foreign government to request prosecution by a US court for bribery actions taken by US companies when they felt their own courts weren’t capable of doing the job. However, this law doesn’t leave the question of prosecution and appropriate sanctions to the jurisdiction where the crime took place but substitutes our American sensibilities about the badness of bribery and even the role of laws regarding bribery for local understanding.

One might object that this law is only triggered when the practice at hand is illegal under local law. That’s true, but all laws don’t mean the same thing. Imagine the UK had a law which imposed massive fines or a 10 year penalty for any UK citizen living in the states who intentionally ‘evaded’ local tax laws. Now it’s true that in the States we too regard many types of tax fraud as a bid deal….but there is a societal acceptance (perhaps a bad one) that evading state sales tax by ordering products from out of state isn’t a big deal the way cheating on income tax might be and any US enforcement of such laws will reflect that understanding but UK enforcement of a hypothetical foreign tax evasion law would not. Similar points could be made about laws with harsh penalties for consuming illegal drugs in a foreign country….often, as with decriminalization, what the laws on a country’s books say and how the society there understands the system to work don’t always agree.

In short, respecting the sovereignty1 of other states requires letting them decide on the relation between their explicitly codified law and actual enforcement/social understanding and the framework for this law seems to coopt that understanding.

Also, it’s not even clear if the net effect of this law will be to reduce bribery and corruption abroad. If, as might be expected, in corrupt countries foreign companies tend to be less corrupt than the locals the net effect of such a law might be to favor local companies that face no deterrence from the US government. As the structure of the law punishes bribes paid by US companies or the corporations they control or hire but not bribes paid by customers or local companies engaged in arms length transactions it creates an incentive for the most corrupt locals to start businesses they wouldn’t have otherwise2. Indeed, the very fact that a socially accepted system of bribery imposes a barrier that keeps US firms out of the market may even make public corruption reforms unpopular for protectionist reasons.

Finally, one needs to ask what the game theoretic effect is of a law. A really effective way to clamp down on bribery is to turn people who have given bribes into witnesses against the official (e.g. by offering them immunity in this or another case or even a reward) and often the bribe taker will be in far more jeopardy than the bribe giver potentially putting them at jeopardy of blackmail. However, add the potential for charges by the US government which the local prosecutor can’t bargain away but are unlikely to be brought at all as long as no one local rats and you have a very nice game theoretic mechanism of ensuring that your bribe giver doesn’t rat you out (threaten to report any company that bribed you to the US DOJ if you get convicted…might even be a good way of ensuring someone pays for your defense).

Whether or not any of these actually work out in the real world is anyone’s guess but that fact alone should be enough justification not to be (even potentially) handing out 20 year prison sentences. That is in addition to all the other problems of the law that Cowen notes.

How to Root Out Corruption Without Introducing More

Are you worried there may be corruption in the American executive branch today, yet also fearful that the tools for rooting out such malfeasance may be abused? If so, welcome to the dilemmas surrounding the Foreign Corrupt Practices Act.


  1. Now ultimately, of course, I only believe in respect for the sovereignty of countries (or the right of self-determination) because it’s a good heuristic for positive results but it’s a pretty damn good one. Not only do attempts to intervene in foreign cultures rarely work they tend to create a good deal or resentment against whoever does the intervention. This is true whether the intervention is a direct political one or merely a cultural one such as refusing to do business in the customary way in that place and the FCPA certainly raises that possibility. Even disregarding resentment when it comes to legal regimes there is a much stronger reason to respect sovereignty: penalties imposed by a foreign potentate rarely provoke compliance or respect so drag along all the harms of law enforcement plus without the social benefits that make those costs worth paying. 
  2. For instance, maybe a certain degree of bribery is expected to win contracts to supply the government with services and all local companies bidding simply pay the expected bribes. If US suppliers simply entered the market and complied with these necessary rules for doing business locally there would be little effect on corruption. On the other hand if they refuse but offer superior products at better prices there is a strong incentive for those locals who are best at greasing palms to set up a company which simply subcontracts the work to the Americans after bribing the government (without telling the Americans about the bribe) and since such a company is literally in the business of bribing and faces competitors in that buisness it is more likely to increase local corruption than if the US company had simply played along. 

Keep Executing The Innocent

4% Innocent Executions Is A Price Worth Paying For A Spotlight On Injustice

Since 4% of death row inmates are innocent we should keep the theoretical death penalty. I don’t want to execute anyone and ideally everyone on death row dies of old age before being executed but it’s only because of the death penalty that we have so much information about and public interest in the failings of our criminal justice system. I think that it’s only as a result of safeguards introduced because of worries about incorrect executions (DNA retesting) or fixes to forensic or legal failings that we don’t have more innocent people spending huge fractions of their lives in prison.

I don’t think being executed is much worse than life in a US prison. Given a choice between a coin flip between going free and being executed and the certainty of life in prison I’d take the coin flip. Hell, I’d take 9:1 odds. Other people’s preferences differ but I find it hard to believe that the death penalty is more than 10 times as bad as life in prison (and this is clouded by our irrationally strong drive to survive rather than a pure utility judgement) and a very small percentage of all convicts get the death penalty.

Without the death penalty there won’t be any ‘oh shit, was that guy innocent’ moment or double checks before execution. At any point the justice system will just delay or avoid reconsidering any issues and without the spotlight presented by arguments of innocence made by death penalty convicts people will just assume what’s easy to believe: our criminal justice system gets it right and the innocent are rarely convicted. If the price to pay for this is just 4% incorrect executions I think it’s worth paying.

Of course, it should be noted that the rate of innocent people being convicted will be much higher outside of death penalty cases. Inmates on death row had cases that not only went to trial but received far more scrutiny than even those non-death penalty cases that do go to trial. Personally, I wouldn’t be surprised if the true rate of people in prison for crimes they didn’t commit was as high as 10-20%

Study suggests that 4% of the people we put on death row are innocent

How well does the US justice system work? Given that many states still carry out the death penalty, it’s a rather significant question. Some biostatisticians have teamed up with lawyers in an attempt to provide a scientific answer to the question. Based on their figures, at least 4.1 percent of the individuals sentenced to death will eventually be exonerated.

  Category: Law
  Comments: None

Legalizing Baby Sales

Don't We Want More Happy Parents, Healthier Pregnancies and Genetically Advantaged Children?

Julia Galef has more from her wonderful unpopular ideas series. This one covers unpopular ideas about children and reproduction. There’s a lot of interesting ideas in there but the one I found most appealing, though unfortunately pretty unlikely to be adopted, was the suggestion that we should allow parents to ‘sell’ their newborns.

There are some obvious problems with allowing people to do this in the third world. In traditional subsistence farming contexts children may offer a net economic gain to a family particularly if given only minimal accommodations. No one wants to return to the halcyon days when we hired children out as indentured servants where unsympathetic farmers would `raise’ them in Dickensian conditions. However, in the developed world even the most neglected child is still a net economic cost so we can safely assume no one will be buying children to have someone they can extract work from without the guilt of mistreating their own offspring.

Such a policy would help many loving couples find children to adopt and I even believe there is a real benefit to removing children from the care of anyone so uninterested in them (or convinced they are unfit) that they are willing to make such a sale1.

But won’t this just result in drug addicts and other unfit parents popping out babies left and right for a bit of cash? Well maybe some college profs with oxy addictions might but babies to fund their habit but those babies would be in demand from parents who will offer them a good home (and unlike alcohol there is no analogous fetal opiate, meth or even crack syndrome). However, I suspect (but haven’t been able to find statistics on this) that the children born to street addicts already have plenty of problems finding adoptive parents. Moreover, pregnancy is a long, difficult process that its safe to assume anyone who finds it worthwhile to grow babies for sale is offering a high-value baby (good genes and health) who will be placed in a comfortable living situation.

What about the idea that it would incentivize women to choose the couple willing to pay the most for the child rather than the best family? First, I’m skeptical of the ability of birth mothers, given the lack of truly extensive interactions and their limited control over the process have any particular ability to pick good parents. Indeed, I suspect that the ability and willingness of the adopting family to pay would actually be a better indicator of the child’s future welfare than any gut level instinct. Second, when a birth mother decides between two potential families wanting to adopt the families who weren’t selected presumably still go on to adopt someone making this whole matter a wash from a social welfare perspective.

Basically, selling babies isn’t really any different than the surrogacy arrangements we are already comfortable allowing except that it no longer incentivizes people to only pretend to be willing to give the child up or to squeeze more money from the deal with a last minute change of heart. Where surrogacy arrangements incentivize the pregnant woman to divert money intended to increase the child’s health to their own pockets baby sales incentivize offering documented high quality care to maximize sale value.

Really, the only downside I can really see is just how obvious it will make our racial preferences in children. White babies will be worth way more than black ones.


  1. In developed countries there is little reason to fear that more people would be extorted to sell their children if the practiced was legalized. One might imagine that in war torn parts of the world a market in children would give warlords the bright idea of forcing women to sell their children and give them the money. In the first world the only pressure on a woman to sell is the crappy circumstances she would be in whether or not baby sales were legal and if that induces her to make a sale I suspect everyone will be better off as a result, particularly the child. 

Lawsuit Demanding Students Be Barred From Accessing Offensive Content

Do We Really Want To Stop Victims of Harrasment From Learning What's Being Said About THem?

I pretty much agree with everything Prof. Volokh says in this post but I would add that is is particularly disturbing and dangerous that these claims not only made it to the lawsuit stage but also that sufficiently many people in the Feminist Majority Foundation (not mainstream but not tinfoil hat nutters) thought this was worth pursuing.

Sure, demanding censorship of mean, hurtful and demeaning comments about your group or identity isn’t anything to write home about. However, what really sets this situation apart is that the demand wasn’t to punish the anonymous individuals responsible but to stop students from choosing to access an information source because it might allow them to read these awful things.

Demands for censorship in response to hurtful/mean/awful comments is nothing to write home about (from either side of the political aisle) but I think something is particularly distasteful about demanding policies that would allow all the assholes in a 5 mile radius to continue attacking, degrading, spreading hurtful gossip about and otherwise making life bad for some women on campus while barring those very women from keeping abreast about what is being said about them so they can refute malicious gossip, take threats to the police and otherwise protect themselves (reputationally and physcially).

Sure, I know those filing the suit no doubt intended to discourage people from posting such hateful and derogatory remarks in the future by eliminating the on campus audience for them. However, this line of argument could equally well be used to deny students access to a contrarian blog (say by a former student) making an extended argument that, because of innate ability differences, the schools affirmative action policy was driving reductions in academic rigor/performance. Even if the students visiting the blog were driven by simple curiosity and desire to evaluate the claims for themselves, if the continued posts were clearly motivated by the blogger’s desire to reach so many students with his message there would be an equally strong argument for barring students from accessing the site. With the predictable result that it would probably only increase the extent to which students agree with those unpopular views (the feeling that a view is being suppressed is far more alluring than poor arguments for it).

In a different context I would be far more charitable. If a private university were being asked to ban the platform I’d still oppose the suggestion but it wouldn’t really be fair to suggest the proponents would be responsible for denying victims a chance to (easily) make themselves aware of attacks against them so they can respond. After all, the advocates would be presumably be suggesting that in the particular case the benefits would outweigh the costs. However, the plaintiffs were asking the courts, an institution designed to apply predicatable precedent not case specific balancing, to rule that such an outcome was required. As such I do think its fair to point out the plaintiffs are asking for a rule which, in many of its applications, would deny the victims warning and an ability to respond without substantially reducing the torrent of hate and insults.

The fact that this resulted in a full court case with published opinion makes me worry that the argument was either plausible enough that reasonable lawyers thought it had a chance of prevailing or, perhaps more likely, those advancing the suit felt the risk of enduring such a lawsuit would discourage universities from being quite so protective of free speech in the future. Particularly so for private universities who aren’t bound by any need to comply with the first amendment.

Opinion | Court rejects Feminist Majority Foundation’s demand that public university block access to Yik Yak

University of Mary Washington had no obligation to “ban Yik Yak from the campus wireless network ,” because such a ban “may have exposed the university to liability under the First Amendment” (and in any case wasn’t required by Title IX or the equal protection clause.