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Sunday, October 27, 2013

The Big Picture

The Big Picture


A Code Red World

Posted: 27 Oct 2013 03:00 AM PDT

A Code Red World
John Mauldin
October 26, 2013

 

 

 

Central Bankers Gone Wild
An Introduction: Code Red
Keeping Up with Tech
New York, Florida, Geneva, Saudi Arabia, and Canada

 

I wasn’t the only person coming out with a book this week (much more on that at the end of the letter). Alan Greenspan hit the street with The Map and the Territory. Greenspan left Bernanke and Yellen a map, all right, but in many ways the Fed (along with central banks worldwide) proceeded to throw the map away and march off into totally unexplored territory. Under pressure since the Great Recession hit in 2007, they abandoned traditional monetary policy principles in favor of a new direction: print, buy, and hope that growth will follow. If aggressive asset purchases fail to promote growth, Chairman Bernanke and his disciples (soon to be Janet Yellen and the boys) respond by upping the pace. That was appropriate in 2008 and 2009 and maybe even in 2010, but not today.

Consider the Taylor Rule, for example – a key metric used to project the appropriate federal funds rate based on changes in growth, inflation, other economic activity, and expectations around those variables. At the worst point of the 2007-2009 financial crisis, with the target federal funds rate already set at the 0.00% – 0.25% range, the Taylor Rule suggested that the appropriate target rate was about -6%. To achieve a negative rate was the whole point of QE; and while a central bank cannot achieve a negative interest-rate target through traditional open-market operations, it can print and buy large amounts of assets on the open market – and the Fed proceeded to do so. By contrast, the Taylor Rule is now projecting an appropriate target interest rate around 2%, but the Fed is goes on pursuing a QE-adjusted rate of around -5%.

Also, growth in NYSE margin debt is showing the kind of rapid acceleration that often signals a drawdown in the S&P 500. Are we there yet? Maybe not, as the level of investor complacency is just so (insert your favorite expletive) high.

The potential for bubbles building atop the monetary largesse being poured into our collective glasses is growing. As an example, the “high-yield” bond market is now huge. A study by Russell, a consultancy, estimated its total size at $1.7 trillion. These are supposed to be bonds, the sort of thing that produces safe income for retirees, yet almost half of all the corporate bonds rated by Standard & Poor’s are once again classed as speculative, a polite term for junk.

Central Bankers Gone Wild

But there is a resounding call for even more rounds of monetary spirits coming from emerging-market central banks and from local participants, as well. And the new bartender promises to be even more liberal with her libations. This week my friend David Zervos sent out a love letter to Janet Yellen, professing an undying love for the prospect of a Yellen-led Fed and quoting a song from the “Rocky Horror Picture Show,” whose refrain was “Dammit, Janet, I love you.” In his unrequited passion I find an unsettling analysis, if he is even close to the mark. Let’s drop in on his enthusiastic note:

I am truly looking forward to 4 years of “salty” Janet Yellen at the helm of the Fed. And it’s not just the prolonged stream of Jello shots that’s on tap. The most exciting part about having Janet in the seat is her inherent mistrust of market prices and her belief in irrational behaviour processes. There is nothing more valuable to the investment community than a central banker who discounts the value of market expectations. In many ways the extra-dovish surprise in September was a prelude of so much more of what’s to come.

I can imagine a day in 2016 when the unemployment rate is still well above Janet’s NAIRU estimate and the headline inflation rate is above 4 percent. Of course the Fed “models” will still show a big output gap and lots of slack, so Janet will be talking down inflation risks. Markets will be getting nervous about Fed credibility, but her two-year-ahead projection of inflation will have a 2 handle, or who knows, maybe even a 1 handle. Hence, even with house prices up another 10 percent and spoos well above 2100, the “model” will call for continued accommodation!! Bond markets may crack, but Janet will stay the course. BEAUTIFUL!!

Janet will not be bogged down by pesky worries about bubbles or misplaced expectations about inflation. She has a job to do – FILL THE OUTPUT GAP! And if a few asset price jumps or some temporary increases in inflation expectations arise, so be it. For her, these are natural occurrences in “irrational” markets, and they are simply not relevant for “rational” monetary policy makers equipped with the latest saltwater optimal control models.

The antidote to such a boundless love of stimulus is of course Joan McCullough, with her own salty prose:

And the more I see of the destruction of our growth potential … the more convinced I am that it’s gonna’ backfire in spades. Do I still think that we remain good-to-go into year end? At the moment, sporadic envelope testing notwithstanding, the answer is yes. But I have to repeat myself: The data has stunk for a long time and continues to worsen. And the anecdotes confirming this are yours for the askin’. The only question remaining is for how long we can continue to bet the ranch on wildly incontinent monetary policy while deliberately opting to ignore the ongoing disintegration of our economic fabric?”

And thus we come to the heart of this week’s letter, which is the introduction of my just-released new book, Code Red. It is my own take (along with co-author Jonathan Tepper) on the problems that have grown out of an unrelenting assault on monetary norms by central banks around the world.

I saw the actual book for the first time this week and found myself reading it with fresh eyes. We finished the last draft less than two months ago and rushed it to press; but perusing it again this week, I found it even more timely than when we hit the send button to deliver it to the publisher. So, without further ado, let’s jump right into the introduction. (If nothing else, you must read my redo of Jack Nicholson’s speech from A Few Good Men – as delivered by Ben Bernanke.)

An Introduction: Code Red

When Lehman Brothers went bankrupt and AIG was taken over by the US government in the fall of 2008, the world almost came to an end. Over the next few weeks, stock markets went into free fall as trillions of dollars of wealth were wiped out. However, even more disturbing were the real-world effects on trade and businesses. A strange silence descended on the hubs of global commerce. As international trade froze, ships stood empty near ports around the world because banks would no longer issue letters of credit. Factories shut and millions of workers were laid off as commercial paper and money market funds used to pay wages froze. Major banks in the US and the UK were literally hours away from shutting down, and ATMs were on the verge of running out of cash. The world was threatened with a big deflationary collapse. A crisis that big comes around only twice a century. Families and governments were swamped with too much debt and not enough money to pay them off. But central banks and governments saved the day by printing money, providing almost unlimited amounts of liquidity to the financial system. Like a doctor’s putting a large jolt of electricity on a dying man’s chest, the extreme measures brought the patient back to life.

The money printing that central bankers did after the failure of Lehman Brothers was entirely appropriate in order to avoid a Great Depression II. The Fed and central banks were merely creating some money and credit that only partially offset the contraction in bank lending.

code redThe initial crisis is long gone, but the unconventional measures have stayed with us. Once the crisis was over, it was clear that the world was saddled with high debt and low growth. In order to fight the monsters of deflation and depression, central bankers have gone wild. Central bankers kept on creating money. Quantitative easing was a shocking development when it was first trotted out, but these days the markets just shrug. Now, the markets are worried about losing their regular injections of monetary drugs. What will withdrawal be like?

The amount of money central banks have created is simply staggering. Under quantitative easing, central banks have been buying every government bond in sight and have expanded their balance sheets by over nine trillion dollars. Yes, that’s $9,000,000,000,000 – twelve zeros to be exact. (By the time you read this book, the number will probably be a few trillion higher, but who is counting?) Numbers so large are difficult for ordinary humans to understand. As Senator Everett M. Dirksen once probably didn’t say, “A billion here, a billion there, and soon you’re talking about real money.” To put it in everyday terms, if you had a credit limit of nine trillion dollars on your credit card, you could buy a MacBook Air for every single person in the world. You could fly everyone in the world on a round-trip ticket from New York to London and back. You could do that twice without blinking. We could go on, but you get the point: it’s a big number.

In the four years since the Lehman Brothers bankruptcy, central bankers have torn up the rulebook and are trying things they have never tried before. Usually interest rates move up or down depending on growth and inflation. Higher growth and inflation normally mean higher rates, and lower growth means lower rates. Those were the good old days when things were normal. But now central bankers in the US, Japan, and Europe have pinned interest rates close to zero and promised to leave them there for years. Rates can’t go lower, so some central bankers have decided to get creative. Normally central banks pay interest on the cash that banks deposit with them overnight. Not anymore. Some banks like the Swiss National Bank and the Danish National Bank have even created negative deposit rates. We now live in an upside down world. Money is effectively taxed (by central bankers, not representative governments!) to get people to spend instead of save.

These unconventional policies are generally good for big banks, governments, and borrowers (who doesn’t like to borrow money for free?); but they are very bad for savers. Near-zero interest rates and heavily subsidized government lending programs help the banks to make money the old-fashioned way: borrow cheaply and lend at higher rates. They also help insolvent governments by allowing them to borrow at very low costs. The flip side is that near-zero rates punish savers, providing almost no income to pensioners and the elderly. Everyone who thought their life’s savings might carry them through their retirement has to come up with a Plan B when rates are near zero.

In the bizarre world we now inhabit, central banks and governments try to induce consumers to spend to help the economy while they take money away from savers who would like to be able to profitably invest. Rather than inducing them to consume more, they are forcing them to spend less in order to make their savings last through their final years!

Savers and investors in the developed world are the guinea pigs in an unprecedented monetary experiment. There are clear winners and losers as prudent savers are called upon to bail out reckless borrowers. In the US, UK, Japan, and most of Europe, savers receive close to zero percent interest on their savings while they watch the price of gasoline, groceries, and rents go up. Standards of living are falling for many and economic growth is elusive. Today is a time of financial repression, where central banks keep interest rates below inflation. This means that the interest savers receive on their deposits cannot keep up with the rising cost of living. Big banks are bailed out and continue paying large bonuses while older savers are punished.

In the film A Few Good Men Jack Nicholson played Colonel Nathan Jessup. He was guilty of using an unconventional approach to discipline by ordering a Code Red, an extreme discipline method, on his soldiers. Colonel Jessup explained in court towards the end of the film that while his methods are grotesque and abnormal, they are necessary to preserve freedom. While central bank Code Red policies are unorthodox and distasteful, many economists believe they are necessary to kick-start the global economy and counteract the crushing burden of debt. David Zervos, chief market strategist at the investment bank Jeffries & Co., humorously observed that if Ben Bernanke, the Chairman of the United States Federal Reserve, could be honest with the public, he would paraphrase Colonel Jessup’s speech:

You want the truth? You can’t handle the truth! Son, we live in a world that has unfathomably intricate economies, and those economies and the banks that are at their center have to be guarded by men with complex models and printing presses. Who’s gonna do it? You? You, Lieutenant Mauldin? Can you even begin to grasp the resources we have to use in order to maintain balance in a system on the brink?

I have a greater responsibility than you can possibly fathom! You weep for Savers and creditors, and you curse the central bankers and quantitative easing. You have that luxury. You have the luxury of not knowing what I know: that the destruction of savers with inflation and low rates, while tragic, probably saved lives. And my existence, while grotesque and incomprehensible to you, saves jobs and banks and businesses and whole economies!

You don’t want the truth, because deep down in places you don’t talk about at parties, you want me on that central bank! You need me on that Committee! Without our willingness to silently serve, deflation would come storming over our economic walls and wreak far worse havoc on an entire nation and the world. I will not let the 1930s and that devastating unemployment and loss of lives repeat themselves on my watch.

We use words like “full employment,” “inflation,” “stability.” We use these words as the backbone of a life spent defending something. You use them as a punchline!

I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very prosperity that I provide, and then questions the manner in which I provide it! I would rather you just say “Thank you,” and go on your way.

Central bankers must hide the truth in order to do their job. We may dislike what they are doing, but if politicians want to avoid large-scale defaults, the world needs loose money and money printing.

Ben Bernanke and his colleagues worldwide have effectively issued and enforced a Code Red monetary policy. Their economic theories and experience told them it was the correct and necessary thing to do – in fact, they were convinced it was the only thing to do!

Chairman Ben Bernanke could not be further from Colonel Nathaniel Jessup, but they are both men on a mission. Colonel Jessup is maniacally obsessed with enforcing discipline on his base at Guantanamo. He has seen war and does not take it lightly. He is a tough Marine who would not hesitate to kill his enemies. He is not loved, but he’s happy to be feared and respected. Ben Bernanke, by contrast, is a soft-spoken academic. You can’t find anyone with anything bad to say about him personally. His story is inspiring. He grew up as one of the few Jews in the Southern town of Dillon, South Carolina; and through his natural genius and hard work, he was admitted to Harvard, where he graduated with distinction, and soon he embarked on a brilliant academic career at MIT and Princeton. Sometimes when Bernanke gives a speech, his voice cracks slightly, and it is certain he would much prefer to be writing academic papers or lecturing to a class of graduate students than dealing with large skeptical audiences of senators. But Bernanke is one of the world’s experts on the Great Depression. He has learned from history and knows that too much debt can be lethal. He genuinely believes that, without Code Red-type policies, he would condemn America to a decade of breadlines and bankruptcies. He promised he would not let deflation and another Great Depression grip America. In his own way, he’s our Colonel Jessup, standing on the wall fighting for us. And he gets too little respect.

Bernanke understands that the world has far too much debt that it can’t pay back. Sadly, debt can only go away via: 1) defaults (and there are so many ways to default without having to actually use the word!), 2) paying down debt through economic growth, or 3) eroding the burden of debt through inflation or devaluations. In our grandparents’ age, we would have seen defaults. But defaults are painful, and no one wants them. We’ve grown fat and comfortable. We don’t like pain.

Growing our way out of our problems would be ideal, but it isn’t an option. Economic growth is elusive everywhere we look. Central bankers are left with no other option but to create inflation and devalue their currencies.

No one wants to hear that we’ll suffer from higher inflation. It is grotesque and not what central bankers are meant to do. But people can’t handle the truth, and inflation is exactly what the central bankers are preparing for us. They’re sparing some the pain of defaults while others bear the pain of low returns. But a world in which big banks and governments default is almost by definition a world of not just low but (sometimes steeply) negative returns. As we said in Endgame, we are left with no good choices, only choices that range from the merely very difficult to the downright disastrous. The global situation reminds us very much of Woody Allen’s quote, “More than any other time in history, mankind faces a crossroads. One path leads to despair and utter hopelessness. The other, to total extinction. Let us pray we have the wisdom to choose correctly.” The choice now left to some countries is only between Disaster A and Disaster B.

Today’s battle with deflation requires a constant vigilance and use of Code Red procedures. Unfortunately, just as in A Few Good Men, Code Reds are not standard operating procedures or conventional policies. Ben Bernanke, Mario Draghi, Haruhiko Kuroda, and other central bankers are manning their battle station using ugly means to get the job done. They are punishing savers, encouraging people to borrow more, providing lots of liquidity, and weakening their currencies.

This unprecedented global monetary experiment has only just begun, and every central bank is trying to get in on the act. It is a monetary arms race, and no one wants to be left behind. The Bank of England has devalued the pound to improve exports by allowing creeping inflation and keeping interest rates at zero. The Federal Reserve has tried to weaken the dollar in order to boost manufacturing and exports. The Bank of Japan, not to be outdone, is now trying to depreciate the yen. By weakening their currencies, they hope to boost their exports and get a leg up on their competitors. In the race to debase currencies, no one wins.

Emerging market countries like Brazil, Russia, Malaysia, and Indonesia will not sit idly by while developed central banks weaken their currencies. They are fighting to keep their currencies from appreciating. They are imposing taxes on investments and savings in their currencies. Countries are turning protectionist. The battles have only begun in what promises to be an enormous, ugly currency war. If the currency wars of the1930 and 1970s are any guide, we will see knife fights ahead. Governments will fight dirty, they will impose tariffs and restrictions and capital controls. It is already happening and we will see a lot more of it.

If only they were just armed with knives. We are reminded of that amusing scene in Raiders of the Lost Ark where Indiana Jones, confronted with a very large man wielding an even larger scimitar, simply pulls out his gun, shoots him, and walks away. Some central banks are better armed than others. Indeed, you might say that the four biggest central banks – the Fed, BOE, ECB, and BOJ – have nuclear arsenals. In a fight for national survival – which is what a crisis this major will feel like – will central bankers resort to the nuclear option; will they double down on Code Red policies? The conflict could get very messy for those in the neighborhood.

Providing more debt and more credit after a bust that was caused by too much credit is like suggesting whiskey after a hangover. Paradoxical as the cure may be, many economists and investors think that it is just what the doctor ordered. At the star-studded World Economic Forum retreat in Davos, Switzerland, the billionaire George Soros pointed out the contradiction policy makers now face. The global financial crisis happened because of too much debt and too much money floating around. However, according to many economists and investors, the solution may in fact be more money and more debt. As he said, “When a car is skidding, you first have to turn the wheel in the same direction as the skid to regain control because if you don’t, then you have the car rolling over.” Only after the global economy has recovered can the car begin to right itself. Before central banks can be responsible and conventional, they must first be irresponsible and unconventional.

The arsonists are now running the fire brigade. Central bankers contributed to the economic crisis the world now faces. They kept interest rates too low for too long. They fixated on controlling inflation, even as they stood by and watched investment banks party in an orgy of credit. Central bankers were completely incompetent and failed to see the Great Financial Crisis coming. They couldn’t spot housing bubbles, and even when the crisis had started and banks were failing, they insisted that the banks they supervised were well regulated and healthy. They failed at their job and should have been fired. Yet governments now need central banks to erode the mountain of debt by printing money and creating inflation.

Investors should ask themselves: if central bankers couldn’t manage conventional monetary policy well in the good times, what makes us think that they will be able to manage unconventional monetary policies in the bad times?

And if they don’t do a perfect job of winding down condition Code Red, what will be the consequences?

Economists know that there are no free lunches. Creating tons of new money and credit out of thin air is not without cost. Massively increasing the size of a central bank’s balance sheet is risky and stores up extremely difficult problems for the future. Central bank policies may succeed in creating growth, or they may fail. It is too soon to call the outcome, but what is clear (at least to us) is that the experiment is unlikely to end well.

The endgame for the current crisis is not difficult to foresee; in fact, it’s already underway. Central banks think they can swell the size of their balance sheet, print money to finance government deficits, and keep rates at zero with no consequences. Bernanke and other bankers think they have the foresight to reverse their unconventional policies at the right time. They’ve been wrong in the past, and they will get the timing wrong in the future. They will keep interest rates too low for too long and cause inflation and bubbles in real estate, stock markets, and bonds. What they are doing will destroy savers who rely on interest payments and fixed coupons from their bonds. They will also harm lenders who have lent money and will never be repaid in devalued dollars, if they are repaid at all.

We are already seeing the unintended consequences of this Great Monetary Experiment. Many emerging market stock markets have skyrocketed, only to fall back to earth at the hint of an end to Code Red policies. Junk bonds and risky commercial mortgage-backed securities are offering investors the lowest rates they have ever seen. Investors are reaching for riskier and riskier investments to get some small return. They’re picking up dimes in front of a steamroller. It is fun for a while, but the end is always ugly. Older people who are relying on pension funds to pay for their retirement are getting screwed (that is a technical economic term that we will define in detail later). In normal times, retirees could buy bonds and live on the coupons. Not anymore. Government bond yields are now trading below the level of inflation, guaranteeing that any investor who holds the bonds until maturity will lose money in real terms.

We live in extraordinary times.

When investors convince themselves central bankers have their backs, they feel encouraged to bid up prices for everything, accepting more risk with less return. Excesses and bubbles are not a mere side effect. As crazy as it seems, reckless investor behavior is, in fact, the planned objective. William McChesney Martin, one of the great heads of the Federal Reserve, said the job of a central banker was to take away the punch bowl before the party gets started. Now, central bankers are spiking the punch bowl with triple sec and absinthe and egging on the revelers to jump in the pool. One day the party of low rates and money printing will come to an end, and investors will make their way home from the party in the early hours of sunlight half dressed, with hangovers and thumping headaches.

The coming upheaval will affect everyone. No one will be spared the consequences – from savers who are planning for retirement to professional traders looking for opportunities to profit in financial markets. Inflation will eat away at savings; government bonds will be destroyed as a supposedly safe asset class; and assets that benefit from inflation and money printing will do well.

This book will provide a roadmap and a playbook for retail savers and professional traders alike. This book will shine a light on the path ahead. Code Red will explain in plain English complicated things like zero interest rate policies (ZIRP), nominal GDP targeting, quantitative easing, money printing, and currency wars. But much more importantly, it will explain how what is in store will affect your savings and offer insights on how to protect your wealth. Code Red will be an invaluable guide for the road ahead.

Code Red will be available on Amazon on Monday, Oct. 28. You can get it here.

Keeping Up with Tech

I said at the beginning of the letter that central bankers had run right off the monetary-policy map into unexplored territory. But to be perfectly honest about it, we are all forever venturing into the unknown territory that we call the future. But we certainly do live in an unprecedented, absolutely extraordinary time. New inventions and technologies, global expansions and collapses, and amazing developments of all kinds arrive to challenge us every day. To thrive we must adapt!

Patrick Cox's new Transformational Technology Alert is the best way I know of to stay up to speed on the tech advances with the greatest potential. How Patrick conducts his research is easy to understand. He investigates the latest science by reading journals and peer-reviewed studies, then gets in touch personally with the scientists and CEOs behind the biggest breakthroughs. He compares notes with his Rolodex of industry leaders and tech experts, and then writes up his findings. Wall Street firms pay many tens of thousands a year for research like this, so we're lucky to have Patrick on our team. Besides, I think Patrick's work is better. Click here to see the full story behind three tiny but highly promising companies that recently caught Patrick's attention, and sign up for his new letter at the best rate you'll see.

New York, Florida, Geneva, Saudi Arabia, and Canada

Jonathan and I have been in NYC this week doing media for Code Red. Tom Keene was very gracious with his comments –

I say this with immense respect, in that it is easy to do doom and gloom, and it is easy to write a book – what a world, it’s terrible, we’re all going to die. John Mauldin doesn’t do that. He says here are the challenges. Here are the cautions. Now, what are you going to do about it? No one has a cautious view, and then gives you a constructive prescription like John Mauldin, and we welcome him now. Code Red.

Then there were interviews at Yahoo, the WSJ, Barron’s, Reuters, Fox and more taping at Bloomberg. I did an earlier interview with Kim Parlee for BNN out of Toronto, which you can see here, and another fun, short piece with Paul Vigna at the WSJ.

While waiting in the WSJ green room, I got to meet Todd and father Jack Hoffman of the reality TV series Gold Rush, who were a hoot. I recognized the wild-eyed passion, that certain something that is about a half-bubble off dead center that I’ve seen in other gold miners and Texas oil wildcatters I have met over the years. We traded emails and pics, and I think it would be fun to follow up. Not exactly high-tech mining but high fun anyway.

I finish this letter from Dallas after flying back today. I will return to NYC November 12 for a one-day meeting. Then I’ll fly down to be with my good friend Cliff Draughn at Ponte Vedra, Florida (south of Jacksonville), on November 14. You can find out more by going to Cliff’s website at http://www.excelsia.com. And then it’s back to NYC in early December (Dec. 3-6), and later that month I’ll head to Geneva. In January I will visit sunny Saudi Arabia for the first time and am open to other speaking engagements in the region. I go from there to a speaking trip in late January that will take me through three cities in Western Canada (Vancouver, Edmonton, Regina), where the weather will be quite the opposite.

I came back to my rented apartment and almost immediately went to see how construction on the new place had gone while I was away. I am scheduled to move in three weeks from today, and I guess I was expecting to see more done. Yes, there were at least ten people there, painting and hammering away, but it is still a construction site. Don’t panic, said Carol (the general contractor), “Everything is more or less on time. Just a few things here and there for me to worry about.” I am so ready to move out of a rather small one-bedroom office with a very small closet and a single chair. It has been almost ten months since I have been able to have all the kids over and settle in for a day or evening. And have my “stuff” at hand, although I am learning that I can make do with a lot less than I have accumulated over the years. While I am not going to continue this minimalist lifestyle, I doubt I will ever again allow a lot of extra things to pile up.

It is time to hit the send button. I am actually going to be able to go out on a Friday night! Another season for the Dallas Mavericks is beginning, and I want to go and see what Mark Cuban has in store for me. I have been a season ticket holder for 30 years and have seen bull and bear markets in the team, but it has always been entertaining. I think NBA basketball is the most beautiful of sports. Even the guys we think of as average can do things that we mere mortals can never hope to aspire to. But it’s sure fun to sit and watch. And my seats are better now than 30 years ago, when I was literally on the very top row in the corner. I think they were something like $2. Good thing there’s been no inflation since 1982.

Have a great week and make sure you have some fun here and there. Life was made for a little fun every now and then.

Your wondering about the reviews analyst (even though I know I should never read them!),

John Mauldin

subscribers@mauldineconomics.com

State-Owned Banks and Fiscal Discipline

Posted: 27 Oct 2013 02:00 AM PDT

You Break the Law Every Day…Without Even Knowing It

Posted: 26 Oct 2013 10:30 PM PDT

You May Think You Have Nothing to Hide … But You Are Still Breaking Laws Which Government Spying Could Discover and Use Against You

You Break the Law Every Day … Without Even Knowing It

Wired notes:

James Duane, a professor at Regent Law School and former defense attorney, notes in his excellent lecture on why it is never a good idea to talk to the police:

Estimates of the current size of the body of federal criminal law vary. It has been reported that the Congressional Research Service cannot even count the current number of federal crimes. These laws are scattered in over 50 titles of the United States Code, encompassing roughly 27,000 pages. Worse yet, the statutory code sections often incorporate, by reference, the provisions and sanctions of administrative regulations promulgated by various regulatory agencies under congressional authorization. Estimates of how many such regulations exist are even less well settled, but the ABA thinks there are "nearly 10,000."

If the federal government can't even count how many laws there are, what chance does an individual have of being certain that they are not acting in violation of one of them?

As Supreme Court Justice Breyer elaborates:

The complexity of modern federal criminal law, codified in several thousand sections of the United States Code and the virtually infinite variety of factual circumstances that might trigger an investigation into a possible violation of the law, make it difficult for anyone to know, in advance, just when a particular set of statements might later appear (to a prosecutor) to be relevant to some such investigation.

For instance, did you know that it is a federal crime to be in possession of a lobster under a certain size? It doesn't matter if you bought it at a grocery store, if someone else gave it to you, if it's dead or alive, if you found it after it died of natural causes, or even if you killed it while acting in self defense. You can go to jail because of a lobster.

If the federal government had access to every email you've ever written and every phone call you've ever made, it's almost certain that they could find something you've done which violates a provision in the 27,000 pages of federal statues or 10,000 administrative regulations. You probably do have something to hide, you just don't know it yet.

And that's just federal laws.

Crazy State Laws

Here is a small sample of state and local laws which are still on the books today:

Alabama

  • One is not allowed to play dominoes on Sundays
  • Men are not allowed to spit in front of the fairer sex
  • One is not allowed to wear a fake mustache to church

Alaska

  • It is legal to shoot bears, but walking up to a sleeping bear to take a photograph is strictly prohibited
  • It is prohibited to view a moose from an airplane

Arizona

  • Cars cannot be driven in reverse in Glendale, Arizona
  • An ordinance passed in Nogales prohibits wearing suspenders
  • Women are not allowed to wear pants in Tucson

Arkansas

  • Mispronouncing the name of the state of Arkansas is illegal

California

  • It is illegal to eat an orange sitting in a bathtub
  • In Riverside, one cannot carry their lunch down the street between 11 am to 1 pm.  Kissing on the lips is illegal in that town … unless both parties wipe their lips with carbonized rose water
  • A person is not allowed to wear cowboy boots in Blythe, if he does not own at least two cows
  • It is illegal to cry on the witness stand in Los Angeles
  • Cats and dogs in Ventura County can have sex only if they have the permit to do so
  • The copyright to the term 'San Francisco' is held by the city of San Francisco One cannot manufacture any item with the name San Francisco without the permission from the city

Connecticut

  • It is illegal to dispose of used razor blades
  • It is against the law to train dogs for obedience or any other purpose
  • It is illegal to kiss your wife on a Sunday in Hartford
  • It's against the law to eat in your car, in Bloomfield

Delaware

  • It is illegal for anyone to fly over any water body without sufficient supplies of food and water

Florida

  • A husband is not allowed to kiss his wife's breast
  • Only the missionary position is legal when having sex
  • It is an offense to bathe naked
  • It's a crime to parachute on Sundays
  • Women are fined for falling asleep under the hair dryer and so is the salon owner

Georgia

  • In Jonesboro, it is illegal to say "Oh, Boy"

Hawaii

  • One is fined if one does not own a boat

Idaho

  • A man cannot gift his lover a box of candy that is less than fifty pounds in weight
  • It is strictly prohibited to walk along the street with a red-tipped cane
  • It is a crime to ride a merry-go-round on Sundays

Illinois

  • All bachelors should be called master, not mister, when addressed by their female counterparts according to a state law
  • It is illegal to speak English. The officially recognized language is 'American'
  • It is illegal for barbers to use their fingers to apply shaving cream on a customer's face
  • It is illegal for women over 200 pounds wearing shorts to ride horses, in Chicago
  • An individual may be arrested for vagrancy, if he does not have at least one dollar bill on person

Indiana

  • All males 18 to 50 years old must work six days a year on public roads
  • It is illegal to indulge in 'spiteful gossip' and 'talking behind a person's back'
  • It is illegal to take baths between the months of October and March
  • Mustaches are illegal if the bearer has a tendency to habitually kiss other humans
  • One is not allowed to carry a cocktail from the bar to a table; only the waiter or waitress can do it

Iowa

  • A man with a mustache may never kiss a woman in public
  • The 'Ice Cream Man' and his truck are banned in Indianola
  • Kisses may last for as much as, but no more than, five minutes
  • Within the city limits, a man is not allowed to wink at any woman he does not know in Ottumwa
  • A husband in Ames is not allowed to drink more than 3 gulps of beer while lying in bed with his wife after making love or holding the wife in his arms

Kansas

  • In Kansas City, one cannot say the name 'George Washington' without adding the phrase 'blessed be his name'
  • Pedestrians crossing the highways at night must wear tail lights

Kentucky

  • No female weighing between 90 and 200 pounds shall appear in a bathing suit on any highway within the state, unless she be escorted by at least two officers, or unless she be armed with a club.
  • A person needs a license to walk around nude in his/her property
  • A woman may not buy a hat without her husband's permission in Owensboro

Louisiana

  • It is considered illegal for a woman to drive a car unless her husband is waving a flag in front of it

Maine

  • Shoelaces must be tied while walking down the street in Portland
  • It is illegal to blow one's nose in public in Waterville

Maryland

  • Eating while swimming in the ocean is prohibited in Maryland
  • It is illegal to mistreat oysters in Baltimore
  • A kiss more than one second is illegal in Halethrope
  • A woman is not allowed to go through her husband's pocket while he is sleeping
  • One cannot swear within the city limits of Baltimore

Massachusetts

  • Any person caught eating peanuts in church may be jailed for up to one year
  • It is illegal to take a bath unless prescribed by a physician, in Boston
  • It is illegal to peep into the windows of automobiles in Milford

Michigan

  • A wife's hair belongs to her husband, and it is illegal to alter her hairstyle without his permission
  • One may not swear in front of women and children
  • It is illegal to sleep in a bathtub in Detroit

Minnesota

  • It is compulsory for all men driving a motorcycle to wear shirts
  • Each and every man in Brainerd is required to grow a beard by law
  • No child under the age of 12 is allowed to talk over the phone unless monitored by a parent in Blue Earth
  • In Alexandria, it is illegal for any man to make love to his wife with the smell of garlic, onions or sardines in his breath If the wife requests him, it becomes mandatory for the husband to brush his teeth
  • Hamburgers are not to be eaten on Sundays in St Cloud

Mississippi

  • It is illegal for a man to be sexually aroused in public
  • It is illegal to create unnecessary noises in Oxford

Missouri

  • It is illegal for four unrelated women to rent an apartment together (to prevent prostitution)
  • Yard waste may be burned any day except on Sundays, in Buckner
  • Hard objects cannot be thrown by hand in Excelsior Springs
  • Dancing is strictly prohibited in Purdy

Montana

  • It is considered felony for a wife to open her husband's mail
  • It is illegal for a man and a woman to have sex in any position other than missionary style
  • It is illegal for unmarried women to fish without a companion

Nebraska

  • If a child cannot hold back a burp during church service, the parents can be arrested
  • It is not legal for a tavern owner to serve beer unless a nice kettle of soup is also brewing
  • A man is not allowed to run around with a shaved chest
  • It is illegal to sleep naked in a hotel/motel room
  • The owner of every hotel in Hastings is required to provide each guest with a clean and pressed nightshirt. No couple, even if they are married, may sleep together in the nude. Nor may they have sex unless they are wearing one of these clean, white cotton nightshirts
  • Barbers are forbidden from eating onions between 7 am and 7 pm, in Waterloo

Nevada

  • Sex without a condom is considered illegal
  • Men who wear mustaches are forbidden from kissing women, in Eureka

New Hampshire

  • New Hampshire law forbids you to tap your feet, nod your head, or in any way keep time to the music in a tavern, restaurant, or cafe
  • Citizens may not relieve themselves while looking up on Sundays
  • Any cattle that crosses state roads must be fitted with a device to gather its feces

New Jersey

  • It is against the law to 'frown' at a police officer
  • One may not dance or wear shorts on the main avenue
  • All cats must wear three bells to warn birds of their whereabouts
  • It is forbidden for a woman, on a Sunday, to walk down Broad Street without wearing a petticoat
  • It is illegal to buy ice cream after 6 pm, in Newark
  • Lovers in Liberty Corner should avoid satisfying their lustful urges in a parked car. If the horn accidentally sounds while they are frolicking behind the wheel, the couple can face a jail term

New Mexico

  • It's forbidden for a female to appear unshaven in public in Carrizozo, New Mexico

New York

  • While riding in an elevator, one must talk to no one, and fold his hands while looking towards the door
  • It is illegal for a woman to be on the street wearing 'body hugging clothing'
  • A fine of $25 can be levied for flirting. This is an old law that specifically prohibits men from turning around on any city street and looking 'at a woman in that way'. If convicted a second time for a crime of this magnitude, it calls for the violating male to be forced to wear a 'pair of horse-blinders' wherever and whenever he goes outside for a stroll
  • A man can't go outside while wearing a jacket and pants that do not match, in Carmel
  • It is illegal to eat on the street in residential neighborhoods, and the only beverage you can drink on the beach is water in a clear plastic bottle, in Ocean City

North Carolina

  • All couples staying overnight in a hotel must have a room with double beds that are at least two feet apart. Making love in the space between the beds is strictly forbidden
  • In Charlotte, women must be swathed in at least 16 yards of fabric before stepping out into public
  • Fights between cats and dogs are prohibited in Barber
  • Before a man asks for a woman's hand in marriage, he must be inspected by all the barnyard animals on the young woman's family's property, to ensure a harmonious farm life, in Raleigh
  • It is required that one must pay a property tax on their dog, in Rocky Mount

North Dakota

  • It is illegal to lie down and fall asleep with your shoes on
  • It's against state law to serve beer and pretzels at the same time in any bar or restaurant
  • You may be jailed for wearing a hat while dancing, or even for wearing a hat to a function where dancing is taking place, in Fargo

Ohio

  • It is against the law to roller skate without notifying the police
  • Women are forbidden from wearing patent leather shoes (to avoid men seeing the reflection of their underwear)
  • It is illegal to run out of gas
  • Breastfeeding is not allowed in public
  • It's illegal to catch mice without a hunting license in Cleveland
  • Any person who leans against a public building will be subject to fines in Clinton County
  • It's illegal for a woman to strip off her clothing while standing in front of a man's picture, in Oxford
  • You cannot eat a donut and walk backwards on a city street

Oklahoma

  • Women are forbidden from doing their own hair without being licensed by the state
  • Dogs must have a permit signed by the mayor in order to congregate in groups of three or more on private property
  • By law, a kiss can last for 3 minutes, in Tulsa
  • It is against the law to open a soda bottle without the supervision of a licensed engineer, in Tulsa

Oregon

  • One may not bathe without wearing 'suitable clothing', i.e. that which covers one's body from neck to knee
  • It is illegal to whisper 'dirty' things in your lover's ear during sex
  • Anyone with a bad reputation is prohibited from distributing malt beverages, in Oregon

Pennsylvania

  • Any motorist driving along a country road at night must stop every mile and send up a rocket signal, wait 10 minutes for the road to be cleared of livestock, and continue
  • Any motorist who sights a team of horses coming towards him must pull well off the road, cover his car with a blanket or canvas that blends with the countryside, and let the horses pass. If the horses appear skittish, the motorist must take his car apart, piece by piece, and hide it under the nearest bushes
  • No man may purchase alcohol without written consent from his wife
  • It is illegal to sing in your bathtub
  • Ministers are forbidden from performing marriages when either the bride or groom is drunk
  • Men are banned from getting aroused in public, in Allentown

Rhode Island

It is illegal to sell toothpaste and a toothbrush to the same customer on a Sunday, in Providence

South Dakota

  • Movies that show police officers being struck, beaten, or treated in an offensive manner, are forbidden

Tennessee

  • It is illegal for a woman to call a man for a date
  • It is illegal for a woman to drive a car unless there is a man either running or walking in front of it waving a red flag to warn the approaching motorists and pedestrians, in Memphis

Texas

  • The entire Encyclopedia Britannica is banned in Texas because it contains a formula for making beer at home
  • One needs a 5 dollar permit before going barefoot
  • It is illegal for kids to have unusual haircuts, in Mesquite

Utah

  • It is illegal not to drink milk
  • It is a felony to persistently tread on the cracks between paving stones on the sidewalk of a state highway

Vermont

  • Denying the existence of God is considered illegal
  • Women must obtain written permission from their husbands to wear false teeth

Virginia

  • All bathtubs are to be kept outside in the yard and not inside the house
  • One cannot work on a Sunday
  • Driving without shoes is prohibited
  • Children are not allowed to go trick-or-treating on Halloween
  • It's against the law to tickle a girl under her chin with a feather duster in order to get her attention, in Newport
  • It is illegal to kick your wife out of bed, in Lebanon

Washington

  • One needs a license to sell condoms in Washington state

West Virginia

  • It is unlawful for chickens to lay eggs before 8 am and after 4 pm
  • One is not allowed to snooze on the train
  • It's against the law to eat candy less than an hour and a half before church service in the town of Salem

Wisconsin

  • Car dealers cannot sell cars on Sundays
  • It is illegal to wake a fireman when he is asleep

Wyoming

  • Women cannot stand within 5 feet of a bar while drinking
  • One is not allowed to take pictures of a rabbit during the month of June
  • In Cheyenne, residents cannot take a shower on Wednesdays

Do you imagine that it is possible for you to go through life without violating a federal, state or local law?   It's impossible.

As Stalin's notorious chief of secret police famously said:

Show me the man and I will find the crime.

NSA Spying Can Trap You In Suspected Wrongdoing

Top NSA whistleblower William Binney – the former head of the National Security Agency's global digital data gathering program – has repeatedly explained that just because you "haven't done anything wrong" doesn't mean you can't be severely harmed by spying:

The problem is, if they think they're not doing anything that's wrong, they don't get to define that. The central government does.

Binney explains that the government is storing everything, and creating a searchable database … to be used whenever it wants, for any purpose it wants (even just going after someone it doesn't like).

And he notes that the government will go after anyone who is on its enemies list:

If you ever get on their enemies list, like Petraeus did, then you can be drawn into that surveillance.

 

Similarly, Edward Snowden said:

Because even if you're not doing anything wrong you're being watched and recorded. And the storage capability of these systems increases every year consistently by orders of magnitude … to where it's getting to the point where you don't have to have done anything wrong. You simply have to eventually fall under suspicion from somebody – even by a wrong call. And then they can use this system to go back in time and scrutinize every decision you've ever made, every friend you've ever discussed something with. And attack you on that basis to sort to derive suspicion from an innocent life and paint anyone in the context of a wrongdoer.

[If people don't oppose the surveillance state now] it will be turnkey tyranny.

Remember, it's not just the NSA which is spying on your. Numerous government agencies are spying on all of your data, and sharing that information with federal, state and local law enforcement, the drug enforcement agency, the IRS and many others. So if any of those agencies thinks – rightly or wrongly – that you might have broken a law, they might target you.

Get it?

Mass surveillance is incredibly dangerous … and no one is immune.

Stiglitz: Why Economics Matters

Posted: 26 Oct 2013 08:21 PM PDT

In his appearance at the Sydney Opera House, Nobel Laureate (Economics) Joseph Stiglitz gives a talk entitled, ‘Why economics matters: Looking at Global Challenges through an economic lens’.
One of the world’s best-known economists, Stiglitz is the former Chief Economist of the World Bank and former Chair of Bill Clinton’s Council of Economic Advisors. A Professor at Columbia University in New York and Chair of Columbia University’s Committee on Global Thought, Stiglitz has helped create a new branch of economics, ‘The Economics of Information’, which has become a standard tool of both theorists and policy analysts. This public forum is co-hosted by the Economic Society of Australia, the Australia Institute and Catalyst.

Published on Oct 24, 2013

http://sydneyoperahouse.com/ideas

NYC Startup Guide

Posted: 26 Oct 2013 02:00 PM PDT

StartupsFM presents "NYC City Beat: The ultimate guide for startups in NYC. Welcome to NYC, the land where startups BREATHE innovation! Shai Goldman says "There are roughly 1,000 startups that are currently active. About 400 of those are VC backed (including seed funded). The other 600 are bootstrapped / self-funded." WSJ recently reported that the New York Startups doubled in two decades! NYC is the new Silicon Alley. Take a look at this Guide that outlines all the things that you would need to refer to to be a part of the NYC Startup scene.

by startupsfm on Oct 17, 2013

How Shiller helped Fama win the Nobel

Posted: 26 Oct 2013 07:00 AM PDT

How Shiller helped Fama win the Nobel
Barry Ritholtz,
Washington Post October 20 2013

 

At the University of Chicago, there are two professors of economics named Eugene Fama.

The first — let's call him Fama the Younger — started in the 1960s. He developed a profound insight about the markets. This Fama observed that over the short term, equity markets behave randomly. The day-to-day, week-to-week trading action has no rhyme or reason. Indeed, the random walk of markets makes them effectively impossible to predict in that time frame.

Why was this? Fama reasoned that the pricing mechanism of markets — what you or I would call trading — efficiently reflected all known information about stocks. Buying and selling created an "informational efficiency." If there were any significant details known about a company, someone would discover it eventually and act on that information. Hence, all known data that exist about a company are reflected in its stock price. The Efficient Market Hypothesis, as Fama called it, meant that stock-picking was a futile exercise. He described the details in a 1965 paper titled "Random Walks in Stock Market Prices."

The relevance to finance was soon obvious: Most investors are better off owning the entire market, rather than guessing which stocks might do better or worse. We can quibble with some of Fama's reasoning. It turns out that prices are not all that rational and frequently deviate from known data — but Fama got the big concept right: Markets behave unpredictably in the short term.

For this, Fama is thought of as the intellectual father of indexing. The entire concept of passive investing in indexes grew around his insights. His work became hugely influential, and remains so to this day. If you own a Standard & Poor's 500-stock index, you do so because of Fama the Younger's observations.

Had he stopped there, Fama the Younger probably would have flown to Sweden to pick up his Nobel Prize money decades ago.

But the years went by, and Fama kept coming back to his hypothesis. He pushed it to all manner of odd places. So the Nobel committee was confronted with the problem of Fama the Elder — the second Eugene Fama. That professor built on his own work. The influence of his insight imbued the Elder with prestige far beyond what his latter flawed work should have generated. It allowed him to expand his efficient-market thesis. That, dear readers, is where our boy ran into trouble.

Fama the Elder took the idea of efficient markets to an illogical extreme. He made a leap of faith based largely on the earlier flawed analysis that led him to the correct conclusion that markets behave randomly. Because markets reflect all known information in their prices, Fama rationalized, most of the rules and regulations related to securities were unnecessary. Even worse, he reasoned, they were counterproductive because they interfered with the price discovery process.

Insider trading rules? We don't need them! Why would we, when even nonpublic information known to insiders is reflected magically in stock prices! Indeed, we can eliminate nearly all of the rules that have been developed since the Great Depression to regulate investing and trading. After all, Fama argued, with all information reflected in the price, these rules are superfluous.

Over the next three decades, Fama the Elder exerted enormous influence. The professor shaped financial theory. He influenced generations of economics and business students nationwide. And his hypothesis swayed senators, Federal Reserve chairmen, even presidents.

This created a bit of problem for the Nobel committee working on the Sveriges Riksbank Prize in Economic Sciences. If the first Fama can rightfully be called the father of passive investments, then the second Fama is in many ways the intellectual father of the financial crisis. His thinking laid the groundwork for deregulations that had a terrible impact.

Consider the grand experiment just before the financial crisis: The Commodity Futures Modernization Act of 2000 turned derivatives into a unique category of financial instruments. They did not mandate any disclosure, they were not obligated to be traded on any exchange, and underwriters were not required to hold reserves against potential losses. The theory was that the risks would be reflected, somehow, in the price.

The repeal of Glass-Steagall was another deregulation that could be traced to Fama. Glass-Steagall acted as a firebreak between Wall Street and Main Street. When that firebreak went away, it did not cause the crisis, but it allowed its spread.

Even then-Federal Reserve Chairman Alan Greenspan fell prey to the errors of Fama's hypothesis. Fed Gov. Ed Gramlich had brought the subprime mortgage lenders and securitizers to the Fed chief's attention as predatory lenders with the power to destabilize the mortgage markets. Greenspan called them "financial innovators" who should not be burdened with regulation. As detailed by the Mortgage Lender Implode-o-meter, 388 of these firms went down in flames, ravaging the credit markets. Despite all of this, Fama the Elder went so far as to say, "I don't know what a credit bubble means."

You can see the quandary this created for the Nobel committee. On the one hand, Fama is the father of modern indexing; his influence — from the development of exchange-traded funds to retirement planning — cannot be overstated.

Fama the Younger's work was insightful and created an immense benefit for investors. But Fama the Elder's work was almost as bad as the earlier work was good. The premise was deeply flawed. People were not rational, profit-maximizing machines — they were emotional, error-prone actors who often operated against their own best interests. Information efficiency was a nice concept, but it simply did not work in the real world.

The Nobel committee resolved this problem quite elegantly.

Unbeknownst to Fama the Elder, he had an adversary 1,000 miles away. On the ivy-covered campus of Yale, a young man decided that the efficient-market hypothesis made no sense. Professor Robert Shiller's data overwhelmingly showed that markets were at times as irrational as the humans who traded them. His 1989 book on market volatility found that price fluctuations in speculative markets were not rational and did not reflect all known information. Price action moved so much more than future dividends changed that something else had to be at work. That factor was human behavior.

Bubbles formed, prices detached from reality, then just as soon came back to Earth. This was hardly informational efficiency. After the 1987 crash, Shiller remarked, "The efficient-markets hypothesis is the most remarkable error in the history of economic theory." Indeed, much of Shiller's work over the next 20-plus years was railing against the hypothesis's obvious failings. Warning of the tech bubble late in 1999 and then of the housing bubble in 2006 served to cement Shiller's reputation, as well as his views that markets were irrational. Sometimes prices had nothing whatsoever to do with the available information — except the insight that people occasionally went crazy.

So the Nobel committee could recognize Fama the Younger, awarding him the prize for his work on unpredictability. But it could distance itself from the silliness of Fama the Elder, by having the Younger share the award with Shiller.

And that is how the most astute critic of the efficient-market hypothesis helped its creator win a Nobel Prize in economics.

~~~

Ritholtz is chief investment officer of Ritholtz Wealth Management. He is the author of "Bailout Nation" and runs a finance blog, the Big Picture. Twitter: @Ritholtz.

 

 

10 Weekend Reads

Posted: 26 Oct 2013 04:30 AM PDT

My longer form weekend reading:

• Beating the Market has Become Nearly Impossible (Institutional Investor)
• Why the "Maximizing Shareholder Value" Theory of Corporate Governance is Bogus  (Naked Capitalism)
• A Game of Shark and Minnow (NYT)
• Google's iron grip on Android: Controlling open source by any means necessary (Ars Technica)
• 10 Weird Ways Your Brain Is Tricking You (Listverse)
Arrested Development: Mitch Hurwitz on the Creative Process, Casting Jason Bateman, and Loose Seals (Vulture)
• The bright side of sadness (Science News) see also Why regret is essential to the good life (Aeon)
• The Kevin Bacon Game for Sports: Connect Any Two Athletes That Played in the NBA, NFL, or MLB (Slate)
• The ocean is broken (The Herald)
• Jellyfish are taking over the seas, and it might be too late to stop them (QZ) see also These Robots Hunt Jellyfish–And Then Liquify Them With Rotating Blades Of Death (Fast Co)

What’s up for the weekend?

 

Abenomics projected stimulus
JPM Japan
Source: SocGen via ZH

Killing Tires With a Ferrari F12

Posted: 26 Oct 2013 03:00 AM PDT

Five sets of tyres, a 740hp Ferrari V12 Berlinetta and the most beautiful circuit in Europe.

.

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