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From X to SpaceX: EU Regulators Could Fine Musk Companies For Free Speech Push

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The EU and Brazil are sharpening their regulatory knives, and who better to test their shiny new powers on than Elon Musk, the guy who seems to have made annoying pro-censorship bureaucrats his full-time hobby? Musk’s social media platform, X has become the latest target for both the European Union and Brazil — but they’re not just going after X anymore. The powers-that-be have decided that since X isn’t worth much these days, maybe they should slap fines on Musk’s other companies—SpaceX, Neuralink, xAI, and even the Boring Company—just because they can.

It’s the ultimate power move by regulators who seem to be more interested in flexing their muscles than addressing real issues. Why settle for a measly 6% fine on a struggling social media platform when you can drag in rockets, to pad the bill?

The EU’s Latest Power Trip: Digital Services Act as a Blank Check

Enter the Digital Services Act (DSA), the EU’s newest favorite tool for cracking down on “disinformation” and “hate speech” on major digital platforms. It’s got all the right buzzwords—”transparency,” “safety,” and “accountability”—but underneath the noble-sounding veneer, it’s starting to look more like a blank check for the EU to assert control over Big Tech. The law allows for fines of up to 6% of annual revenue for platforms that don’t comply. But when it comes to X, with its plummeting value—now at a measly $9.4 billion, according to Fidelity—the EU seems to be thinking, “Why stop at X when we can go after Musk’s entire empire?”

Think about it: SpaceX, Neuralink, the Boring Company—what do they have to do with social media disinformation? Nothing, really. But the EU’s got a grudge, and they’re not about to let a little thing like fairness or logic get in their way. Musk’s decision to pull X out of the EU’s voluntary Code of Practice against disinformation in 2023 certainly didn’t help matters. Sure, he had initially played nice back in 2022, but when Musk realized that the EU’s idea of “voluntary” meant “you’ll comply, or else,” he bailed.

Now, Brussels is retaliating by threatening to fine Musk’s companies that have nothing to do with social media, all while pretending this is about “protecting democracy.” If it sounds more like a personal vendetta than a reasoned policy decision, that’s because it probably is.

Brazil Freezes Musk’s Assets: Free Speech or Free for All?

Not to be outdone by their European counterparts, Brazil has decided to take its regulatory saber-rattling to new heights. The country’s highest court recently froze the assets of Starlink, Musk’s satellite internet venture, in an effort to squeeze a $3 million fine out of X for failing to censor content. That’s right—Brazil couldn’t get X to bend to their will, so they decided to take Musk’s satellites hostage. All in the name of combating “misinformation,” of course.

What’s particularly galling about Brazil’s move is how blatantly it ignores the principles of free speech and open communication. The accusation that X “facilitated the spread of misinformation and hate speech” sounds noble on paper, but the way Brazil went about enforcing their demands—by freezing assets of an entirely separate company—looks more like strong-arm tactics than legitimate regulation.

At this point, it’s hard to escape the conclusion that these governments are less concerned with disinformation and more interested in exerting control over tech companies that refuse to play by their increasingly arbitrary rules. Musk, who’s spent years promoting free speech as one of X’s core principles, is now facing a global game of whack-a-mole, with each country seemingly more eager than the last to punish him for refusing to fall in line.

Personal Accountability or Public Power Play?

One of the more interesting twists in the EU’s regulatory circus is the suggestion that they might hold Musk personally accountable under the DSA.

Why? Because, according to the EU’s interpretation, “the entity exercising decisive influence” over a platform—whether that’s a company or an individual—can be on the hook for any wrongdoing. In other words, if Musk’s platform doesn’t comply, they’re coming for him directly.

This is about using Musk as a punching bag to show the world that the EU is still in charge. Thomas Regnier, a spokesperson for the European Commission, helpfully clarified to Bloomberg, that the DSA’s rules apply “irrespective of whether the entity… is a natural or legal person,” which is bureaucrat-speak for, “We’re gunning for Elon.”

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Have We Lost the Ability to Build Infrastructure?

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The Audit

 

The Empire Statue Building was, for its time, monumental. The New York landmark may not be such a big deal these days, but its construction history in often invoked as a sign that we’ve lost the capacity to do big stuff.

After all, the iconic skyscraper’s builders brought the project to completion $19 million under budget, 12 days ahead of schedule, and in just over a year.

At the height of the depression.

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By contrast, California’s High-Speed Rail project – designed to ultimately link San Diego with Sacramento – was authorized in 2008. Construction on Phase 1 didn’t being until 2015. As of now, $11.2 billion has been spent without a single train having left a single station. The total budget was originally in the $33-40 billion range, although it’s now anticipated to run past $128 billion. And no one’s expecting project completion any time in the next decade.

Closer to home, we can compare the original 7.4 kilometer Yonge Line of Toronto’s subway system (fully-functional by 1954 after just five years’ work) with its grandson, the Eglinton Crosstown LRT. The Eglinton line was announced in 2007, work began in 2011 and, 13 years later, completion is still nowhere in sight. Since I live just a few blocks from what might one day become an LRT station, I’ll be sure to let you know if anything changes.

In the grand scheme of things, North America might not even have it so bad. Lately, everyone (and by “everyone” I mean everyone besides my wife, children, or even a single person I have ever met) has been buzzing about a 17,000-word article called “Foundations: Why Britain Has Stagnated”. I strongly encourage you to read the whole thing have ChatGPT summarize it for you.

The main takeaway from Foundations is that the UK’s excessive regulations, high energy and labour costs, bureaucratic delays, and outdated tax incentives led to an application process requiring 360,000 pages and nearly £300 million for the Lower Thames Crossing project before any work was even approved!

The rot that lies behind Britain’s paralysis has been building since the 1990’s, through both Conservative and Labour governments.

But things might not be so bad here at home. For one thing, we probably don’t have a regulatory bureaucracy that’s quite so extreme as Britain’s. I’m aware of nothing in Canada that’s analogous to the UK’s “nutrient neutrality” requirements.

And while our energy costs are certainly not cheap, they’re a whole lot better here than in the UK. Commercial electricity, for instance, costs an average of USD 0.117 per kWh in Canada, far below the USD 0.485 per kWh they’re paying in the UK. And the cost of natural gas for home heating in Canada (USD 0.038 per kWh) isn’t even close to what they shell out across the pond (USD 0.092 per kWh).

Which might at least partially explain why, despite all the delays, cost overruns, and unexpected service failures involved, some major infrastructure projects have reached a (broadly) happy conclusion.

For every expensive failure (like the Eglinton Crosstown LRT or the Ottawa Confederation Line), there have also been successes (like Confederation Bridge and Vancouver’s Canada Line). Things are far from perfect, but it’s not all doom and gloom either.

The Foundations article ends on a positive note:

We believe that Britain can enjoy such a renewal once more. To do so, it need simply remove the barriers that stop the private sector from doing what it already wants to do: build homes, bridges, tunnels, roads, trams, railways, nuclear power plants, grid connections, prisons, aqueducts, reservoirs, and more.

Removing barriers. Or even better, resisting the erection of new barriers before they’re in place. We can always hope.

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As Ottawa meddles with pension funds, Albertans should consider provincial pension plan

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From the Frontier Centre for Public Policy

By Marco Navarro-Genie 

Who Should Control Canada’s Pension Wealth?

Ottawa wants to compel large pools of Canadian money to be invested in Canada, instead of allowing investment funds to find the best return for Canadian investors.

Last week, another scandalous and potentially corrupt string of federal activities popped up.

This one has deep implications for pension plans in Canada, including the debate about an Alberta Pension Plan. Mark Carney’s double game of politics and profit enhances the drive to patriate Alberta’s pension wealth.

At issue is a report in the media saying that Brookfield may be looking to raise a $50 billion fund with contributions from Canada’s pension funds and an additional $10 billion from the federal government.

This report has drawn significant attention for several reasons. Toronto-based Brookfield is one of the world’s largest alternative investment management companies, claiming about one trillion in assets under management. Their portfolio spans real estate, renewable energy, infrastructure, and private equity, making them a significant player in domestic and international markets. The magnitude of Brookfield’s investments places them at the forefront of global financial movements, giving considerable weight to any fund they propose to establish.

The second reason is that Finance Minister Chrystia Freeland and Prime Minister Justin Trudeau have voiced their ambitions to boost home-grown investments. One of the government’s strategies includes tapping into Stephen Poloz, the former Governor of the Bank of Canada. Poloz succeeded Mark Carney as the head of the bank. The Liberal government has tasked Poloz with leading a working group to identify “incentives” that would “encourage” institutional investors to keep their capital in Canada.

Moreover, Finance Minister Freeland has suggested implementing new regulations to ensure that more of Canada’s substantial pension fund reserves, which amount to an impressive $1.8 trillion, are allocated toward Canadian ventures. This comes when a staggering 73% of Canadian pension funds are invested abroad.

On its face, a plan to invest more Canadian wealth in Canada might sound reasonable. However, the plan avoids the crucial question of why money experts prefer investing outside Canada. Considering that question, one must consider the Trudeau government’s economic record.

Put differently, Ottawa is looking for ways to compel large pools of Canadian money to be invested in Canada instead of allowing investment funds to find the best return for Canadian investors. Those large cash pools typically belong to hard-working Canadians, such as teachers’ pensions. They would be forced to earn less for their pension money.

Forcing such large sums to remain in Canada would mask the continuous slump in productivity in the Canadian economy.

Given current economic policies and layers of taxation that do not exist elsewhere (such as the unpopular carbon taxes), Canadian companies are less competitive. Forcing pools of money to stay in Canada rather than seeking the best return for their clients offers an artificial boost that makes Ottawa policies seem less harmful.

It is, therefore, a politically motivated move. That level of government intervention historically always results in disastrous consequences. Politics directing traffic for the movement of capital rarely achieves good outcomes. The real issue is sagging productivity.

But that is only half the problem. The other significant issue is ethics.

Prime Minister Trudeau has recently named Mark Carney as his special economic advisor. Carney is the Chair of Asset Management and Head of Transition Investing at Brookfield.  The Brookfield website shows Carney is responsible for “developing products for investors.”  Carney is also the most mentioned name among people likely to succeed Justin Trudeau as leader of the Liberal Party of Canada.

In short, the man who closely advises the government of Canada on how to compel gargantuan pools of money to be invested in Canada conveniently oversees the development of the “product” for the private Toronto firm, through which that money would be forced to be invested in Canada. Furthermore, the same firm reportedly seeks (read lobbying) from the federal government an infusion of $10 billion for the new fund.

As a Liberal and a potential party leader, given Justin Trudeau’s fortunes, Mark Carney could become prime minister in the immediate future. This means that Carney would benefit from creating new rules forcing investment money to stay in the country in two ways: As a leading man at Brookfield, Carney and the firm stand to make tens of millions from the policy. Second, as a carbon tax enthusiast, once squarely in political office, Carney would benefit from masking the ill, underproductive effects of the radical green agenda and carbon taxes he supports.

When Alberta progressives oppose the desire of many Albertans to patriate Alberta pension funds to the province, they cite concerns that the province might use the funds for political purposes, undermining the maximum return. This is not an outlandish concern, in some respects, given the history of the Alberta Heritage Fund.

However, it is not an exclusive danger inherent to the Alberta government. It does not warrant the presupposition that the federal government is a better steward of Alberta’s pension wealth, as demonstrated by the developments above. All things being equal, and unless human nature is outlawed by federal statute, the risks are the same.

But if something goes wrong with Albertans’ pension wealth, would they rather deal with people in Alberta than people in Ottawa, half a continent away Raising Alberta voices in Ottawa when Ottawa has been bent on doing the opposite of what is good for Albertans has never produced good results or reversed the nefarious effects on Albertans.

Ottawa politicians will do what is best for Laurentians every single time. The history of the Dominion, from the national policy to Crow rates and the National Energy Policy to Carbon Taxes, shows Ottawa policies always favour vote-rich Laurentia first and foremost.

Mark Carney’s product development for Brookfield shows, at worst, that Alberta’s pension wealth is just as much as risk with federal policies driven by political motivations. This one would be doubly bad because it is meant to serve and benefit Carney and his Bay Street friends as much as it is designed to help his future colleagues in Ottawa. And on both counts, Carney would benefit as a financier and politician.

Albertans should take their money and run.

Marco Navarro-Genie is Vice President Research with the Frontier Centre for Public Policy. He is co-author, with Barry Cooper, of COVID-19: The Politics of a Pandemic Moral Panic (2020).

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