Illegal Manicure in the ‘Live Free or Die’ State

In response to to my post about a (possibly) illegal hairdresser in Massachusetts, Michael Hampton of Homeland Stupidity forwards a link to a priceless local New Hampshire news report. (It’s two years old, but it’s new to me and to this blog.)

Free State Project member Mike Fisher performed an illegal manicure right in front of the “Live Free or Die” state’s Board of Barbering, Cosmetology and Esthetics. (Motto: Yew Best Drop That Thar Em’ry Board, Son.)

When the police asked Fisher if he had a license to perform that thar manicure, Fisher said no. When the police issued him a summons and asked that he stop performing that thar manicure, Fisher refused. So the cops slapped handcuffs on this dangerous outlaw and put him in a squad car. Fisher reportedly received a 30-day suspended sentence, with a vow from the judge that if Fisher receives so much as a traffic ticket, it’s off to the pokey he goes.

I wonder what the Granite State wasn’t doing with the time and resources used to arrest and prosecute Fisher.

The New Face of Copyright Infringement?

Is this America’s youngest music pirate?

Under the 1998 Digital Millennium Copyright Act, copyright owners can issue so-called “takedown notices” to sites like YouTube seeking the removal of infringing material. (This is a different section of the act than the anti-circumvention provision I criticized in a policy analysis last year.) According to Ars Technica, Universal issued such a takedown notice in June against this clip because of the Prince song playing in the background.

Now Stephanie Lenz, the owner of the clip, with help from the Electronic Frontier Foundation, a digital civil liberties group, has filed a lawsuit against Universal demanding the recovery of attorney’s fees and a declaration that the file is fair use under copyright law.

I think that Lenz has an open-and-shut case that her use of the Prince song is fair, and therefore legal. But the question of whether Universal should be held responsible for issuing an erroneous takedown notice is more complicated. On the one hand, a takedown notice is a formal accusation of copyright infringement and it will often require seeking the advice of an attorney, which isn’t cheap. It’s not right for copyright holders to issue takedown notices too recklessly. On the other hand, it’s not hard to sympathize with Universal’s position. There are thousands of plainly infringing videos on YouTube, and so it’s not too surprising that in the process of issuing thousands of takedown notices they’d make a few mistakes.

This is an area that will continue to evolve rapidly, as policymakers struggle to balance the need to protect copyright against the desire not to squelch innovative new products. A site like YouTube probably couldn’t exist at all if the DMCA didn’t provide service providers a “safe harbor” against liability for the infringing activities of their customers. But some copyright holders complain that the “safe harbor” shifts too much of the burden of enforcing copyright law onto them, by requiring them to issue an individual takedown notice against every instance of copyright infringement. As we see in this case, companies sometimes make honest mistakes. Striking the appropriate balance will be an ongoing challenge for Congress and the courts.

Andy Stern’s Angle on Universal Coverage

Last night, I debated Andy Stern on the Jim Bohannon radio showStern is president of the Service Employees International Union, which represents 1.8 million nurses, health care workers, janitors, security officers, and public employees. He is definitely not a member of the Anti-Universal Coverage Club.

I was pleased to find that we agree that the employment-based health insurance system cannot last. What I found most interesting, though, were two weaknesses in the case he makes for universal coverage.

First, Stern argues that unless we have universal coverage, American firms won’t be able to compete with foreign firms. To me, that claim is economic nonsense, as I explained in our debate and in Health Care News:

Employers don’t need the government to save them from the rising cost of health benefits. Just as Dorothy always had the power to return to Kansas by clicking her heels, employers have always had the power to pare back their health benefits…

All else being equal, firms that contain their labor costs this way will beat the firms that don’t. Those companies that support ‘universal coverage’ want to increase the labor costs of their competition, whether through higher taxes or health premiums. Universal coverage won’t make America more competitive — it will cripple America’s most competitive firms to protect its least competitive firms.

And, of course, that’s the entire point…. Companies that support ‘universal coverage’ never bother to mention that covering all the uninsured would cause health spending to explode, because they don’t really care about overall health spending. All they care about is that their competitors spend as much as they do.

Nor does Stern seem to mind if health spending explodes. I think that may be because…

Second, Stern argues that we could get a better deal on prescription drugs if Medicare were allowed to negotiate with drug companies. But seeing as how he represents so many health care workers, I don’t think he’s going to be leaning on Medicare to be that tough a negotiator. During our debate, I invited him to discuss SEIU’s role in helping Medicare set the payment rates that affect his members. He didn’t take the bait.

Thank Senator Hatch for This MediKid Nightmare

My latest post reminded me that back in 1997, I actually produced a number of papers surrounding the creation of the State Children’s Health Insurance Program — also known as SCHIP, but which I prefer to call MediKid.

One of those papers is a two-pager titled, “Congress Can’t Help Uninsured Kids If it Doesn’t Understand Them.” The data are old, but the argument is still relevant to the current debate over MediKid reauthorization.

But what I really wanted to share was this paper: “Top Twelve False Claims Made about the Hatch-Kennedy Children’s Health Coverage Bill.” You see, Sen. Orrin Hatch (R-Utah) was a principal sponsor of MediKid, which was enacted by a Republican Congress. (That’s right.  MediKid — like Medicare Part D — is a Republican health care entitlement.)

In that paper, you will find documented refutations of the following claims supporters made about the Hatch/Kennedy/MediKid/SCHIP bill. Some of the claims may seem familiar to those watching the current reauthorization debate. See if you can guess which one was made by Sen. Hatch himself:

  1. “This is not an entitlement.”
  2. “It’s fully financed.”
  3. “The [tobacco] tax is a user fee.”
  4. “It will not create massive new bureaucracies.”
  5. “It relies on the marketplace, with coverage provided through private insurance and the existing network of local community health centers.”
  6. “This legislation clearly represents a free-market approach at solving an important national problem.”
  7. “The fact is that this bill is a far cry from the Kennedy-Kerry bill.”
  8. “Children that are not covered should be covered, and that is what the Hatch-Kennedy bill will do.”
  9. “This is going to be a state program, run through the private sector.”
  10. “It gives the states the flexibility to decide whether to participate and how to target benefits.”
  11. “The states set their own eligibility.”
  12. “It’s about as moderate to conservative a bill as you can get.”

Have you made your guess? If so, click here:

Aha! Trick question! All claims came from the conservative Sen. Hatch, except for #3, #8, and #9.

My insincere thanks to Sen. Hatch for moving America that much closer to socialized medicine. And my sincere thanks to the Heartland Institute for giving those old papers a home on the web.

$1.4 Trillion and Counting

Last October we estimated that unfunded costs for state and local government health care plans were about $1.4 trillion nationwide. That is the amount that taxpayers will be hit unless governments cut excessive benefits for teachers, firemen, and other workers.

Some new estimates have been released since our report, and it appears that we were conservative.

  • Credit Suisse has put nationwide unfunded costs at $1.5 trillion.
  • We estimated New Jersey at $20 billion, but the NYT reports today that unfunded costs for the state are now estimated to be $58 billion.
  • San Francisco has reported a $4.9 billion cost, Los Angeles County $16 billion, and the LA School District $10 billion
  • In December, Pennsylvania reported a $34 billion cost, which is one of the highest figures we’ve seen for the states.