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OpenMarket: March 2014

  • Ohio Constitution Prohibits Union Release Time

    March 19, 2014 11:26 AM

    Yesterday, Media Trackers reported the Ohio Centerville Classroom Teachers Association membership agreed to a new collective bargaining agreement that is still waiting on approval from the school board.

  • MtGox is Dead, Long Live MtGox!

    March 18, 2014 4:27 PM

    MtGox, once a pillar of the Bitcoin exchange market, filed for bankruptcy on March 10. In February, the website had ceased withdrawals before ceasing all transactions at the beginning of March. The fallout from the Mt. Gox collapse will bring up many debates about the need for bitcoin exchange regulations, not to mention the bitcoin network’s long-run viability. It is best to understand what actually occurred with MtGox before jumping into action.

    MtGox enabled account holders to exchange bitcoins for dollars and vice versa. Within the bitcoin currency network, there are many different exchanges, but MtGox, at one point, controlled about 80 percent of the market, giving it significant influence over the bitcoin market.

    MtGox was created back in 2011, with its name as an acronym for Magic the Gathering Online Exchange, named after a trading card game by the same name. From the beginning the site had trouble with security, and was subject to a series of attacks.

    One of the most significant events for the exchange occurred in May 2013 when the U.S. Department of Homeland Security (DHS) seized $5 million worth of bitcoins. DHS argued that MtGox had failed to properly register as a money service business. MtGox followed up by registering with the Financial Crimes Enforcement Network (FinCEN), a government agency that regulates monetary industries such as banking to counteract crimes like money laundering and trade in illegal goods.

  • Car Dealership Takes Advantage of Union Tactics

    March 18, 2014 12:13 PM

    A common practice of labor unions is to use myriad tactics -- protests, picketing, intimidation, and coordinating with progressive allies -- to apply pressure on employers that are a target of unionization.

  • New Data: Code of Federal Regulations Expanding, Faster Pace under Obama

    March 17, 2014 10:03 AM

    The annual Code of Federal Regulations (CFR) is the "codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government."

    The page count for final general and permanent rules in the 50-title CFR seems less dramatic than that of the oft-cited Federal Register, which now tops 70,000 pages each year (it stood at 79,311 pages at year-end 2013, the fourth-highest level ever). The Federal Register contains lots of material besides final rules.

    Still, the CFR "Archive-Of-All" is big. Very big. Back in 1960, the CFR contained 22,877 pages in 68 volumes.

    The pace picked up. The CFR stood at 71,224 pages by year-end 1975, in 133 volumes.

    Now, new data from the National Archives shows that the CFR stands at 175,496 at year-end 2013, including the 1,170-page index. (See the breakout below.)

    That's a 146 percent increase since 1975. The number of CFR volumes stands at 235 (as of 2012; the 2013 count remains unavailable for the time being), compared with 133 in 1975.

    More recently, at the end of President George W. Bush's second term (2008), there were 157,974 pages in the CFR.

    That means President Obama has added 17,522 pages of regulations in his five years in office; one president growing the regulatory state 11 percent increase in five years.

  • CEI’s Battered Business Bureau: The Week in Regulation

    March 17, 2014 6:50 AM

    67 new regulations, from reformulated gasoline to vitamin D2.

  • Bureaucrats Line Up to Regulate Bitcoin

    March 12, 2014 4:56 PM

    The regulators are tasting blood around bitcoin, and like sharks they are positioning for the kill. The blood that they taste was not actually shed by bitcoin itself but by a bitcoin exchange, Mt.Gox, which filed for bankruptcy in a U.S. court on March 10. The troubles faced by the exchange have led to calls by legislators like Senator Joe Manchin (D.-WV) for regulators to act. It is a rare regulator that does not seek to expand his powers, so they are lining up for a piece of the regulatory action.

    First up was FINRA, the Financial Industry Regulatory Authority, which issued a warning to investors about possible fraud in “bitcoin-related companies” on March 11. This warning is a bit of a stretch for FINRA, whose job is “efficient regulation of the securities industry.” Bitcoin is not in any way a security, it being primarily an electronic payment system, and so FINRA’s reach would seem to be limited.

    Next up was the CFTC, the Commodities Futures Trading Commission, which announced it was looking internally at whether it could regulate bitcoin as a commodity or otherwise under its powers to regulate derivatives. Once again, this is a stretch. Bitcoin, as noted is a network for payments, which seems far away from the traditional definition of commodity - a basic good that can be exchanged for other goods. It is illuminating that some within the agency appear to be arguing that this definition extends to bitcoin.

  • CEI Podcast for March 12, 2014: CEI Turns 30

    March 12, 2014 4:55 PM

    The Competitive Enterprise Institute celebrates its 30th anniversary this month. Founder and Chairman Fred Smith reflects on CEI's accomplishments and what the next 30 years will hold.

  • Supreme Court Overwhelmingly Votes to Uphold Rights of Private Property Owners

    March 12, 2014 3:44 PM

    The Supreme Court has decided an important property rights case in favor of the private property owners and against the claim of the federal government by an eight-to-one majority. Surprisingly, the Court’s liberal Justices, with the exception of Justice Sonia Sotomayor dissenting, signed Chief Justice John Roberts’s March 10 decision. In reversing the Tenth Circuit Court of Appeals, the Court ruled, in Brandt Revocable Trust et al. v. United States, that a right of way granted to a railroad in 1908 did not revert to the federal government when the railroad abandoned the tracks in 2004.

    The original right of way was over federal land, but 83 acres of that land were patented in 1976 in a land swap with the U. S. Forest Service. The Department of Justice argued that even though those 83 acres had been turned over to private owners, the right of way over that now-private land had reverted to the federal government when the railroad stopped running. Arguing for the Brandts, Steven J. Lechner of Mountain States Legal Foundation stated that the right of way was an easement granted for a particular use, and therefore had expired when its intended use, operation of a railroad, had ended.

    The Chief Justice’s opinion relies heavily on the 1942 Supreme Court decision, Great Northern Railway Company v. United States (315 U. S. 262), in which the Court agreed with the federal government’s argument that the General Railroad Right of Way Act of 1875 only conveyed easements. The majority opinion stated:

    More than 70 years ago, the Government argued before this Court that a right of way granted under the 1875 Act was a simple easement. The Court was persuaded, and so ruled. Now the Government argues that such a right of way is tantamount to a limited fee with an implied reversionary interest. We decline to endorse such a stark change in position....

  • Reining in the Executive Branch Bureaucracy, Part 11: Sunset Regulations and Implement a “One In, One Out” Procedure

    March 11, 2014 1:29 PM

    Since the Federalist Papers, America has debated “Energy in the Executive.” But President Obama’s 2014 agenda framed by his State of the Union address heralds a class warfare agenda, one fusing an “income inequality” theme with federal industrial policy and other activism.

    When I can act on my own without Congress, I’m going to do so,” Obama promises. This spend-and-transfer fixation makes Americans poorer and dependent except for the lucky few running things.

    Others have argued for federal budget rationality as essential to any anti-poverty agenda. This series proposes a greater prosperity enhancing opportunity, streamlining the nearly $2 trillion regulatory state and ending the uncertainty, wealth destruction and job loss it creates.

    What if regulations went away occasionally?

    Review and sunsetting requirements built into laws and regulations might be used to incentivize agencies to repeal outdated rules.

    Sunsetting clauses essentially put an expiration date on new regulations such that they phase out unless their extension is justified through a review process (yes, most will call for continuation, which is a massive problem with the idea). Such procedures could encourage efficiency, boost accountability and foster more productive versions of reports like the Office of Management and Budget's Reports to Congress on Regulatory Benefits and Costs.

    The United Kingdom, which, among other nations, is experimenting with bulk regulatory reduction commission mechanisms and other "Better Regulation" programs, has created sunsetting and review options to apply to new regulations.

  • More Unfunded Mandates for Private Colleges: Activists Seek Restrictions on Campus Sex in California

    March 10, 2014 12:48 PM

    Legislators impose all sorts of misguided or costly mandates on colleges and schools that harm young people directly or indirectly. California activists are now seeking to redefine most campus sex as sexual assault, by requiring verbal permission before any sex or sexual activity (never mind that most happily married couples have engaged in consensual sex without any verbal discussion). The first step towards this goal is Senate Bill 967, a pending California bill that would require "affirmative consent" for sexual activity on public and private college campuses (although it does not expressly rule out non-verbal consent), and would require colleges to enforce such rules. I discuss the bill, and related policies at the University of California, at this link.

    The bill, SB 967, also contains various provisions that impose unfunded mandates on colleges. It authorizes funding for these mandates for public colleges, but nothing for private colleges burdened by the bill's requirements. I also discuss in the Sacramento Bee how the bill would undermine due process and privacy on campus.


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