The Big Bang Theory
The universe of regulation is expanding.
Don’t get stung by the true cost of regulation enforcement
Enforcement measures are moving in one direction. Companies need to be prepared for this.
“From concerted efforts to clamp down on greenwashing claims, to increased fines for water contamination or tighter controls on hazardous chemical use, governing bodies are taking steps to empower enforcement agencies to hand out stronger punishments for violations. But fines and criminal charges aren’t the only potential repercussions for non-compliance – public scrutiny, ‘cancel culture’, and investment withdrawal are risks for companies that don’t adhere to legislation or meet societal expectations.”
The complex patchwork of US AI regulation has already arrived
Will the explosion and complexity of AI regulation mean that AI becomes the preserve of the large organizations only?
“But a patchwork of state laws across the US also creates a challenging environment for businesses, particularly small to midsize companies that may not have the resources to monitor multiple laws, he adds.”
The Administrative State Comes for James Bond — and You Could Be Next
The independence from oversight of the civil service continues apace, here with Congressional delegation in effect of legislative power to determine what conduct constitutes a crime.
“But Congress abandoned its legislative duties entirely — a practice that seems never to die — when it comes to regulating conduct in our national parks. Congress gave the secretary of the interior the authority to create any regulations she thinks are “necessary or proper for the use” of the parks. And Congress decided that violations of any regulations she created are criminal offenses punishable by up to six months in prison. So, if the secretary can plausibly claim that a potential regulation is related to the use of the national parks, she can issue that regulation, thereby creating a federal crime.”
The Wall Street Journal comes down on the proposed changes to neuter Schedule F.
“No swamp-draining allowed! The new Biden rule from the Office of Personnel Management is intended to impede Mr. Trump if he wins the presidency again and revives an executive order he issued in October of 2020. The Trump order created the option of converting thousands of senior bureaucrats into at-will employees.“
“Some critics fear the bill will lead to government overreach and further bureaucratic bloating. Speaking last November to Parliament’s standing committee on industry and technology, McCarthy Tétrault senior counsel Barry Sookman called Bill 27 “fundamentally flawed” and “an affront to Parliament.””
Zuckerberg Urges Tighter Online Regulation
Big company wants more regulation. Story at 11.
‘“Even if I’m not going to agree with every regulation in the near term, I do think it’s going to be the thing that helps creates trust and better governance of the internet and will benefit everyone, including us over the long term,” Zuckerberg told an audience at the Munich Security Conference.
‘“In the absence of that kind of regulation, we will continue doing our best, we are going to build up the muscle to do it, to basically find stuff as proactively as possible,” he said, adding that he did not want Facebook to contribute to polarization or misinformation.’
Psychopathy among bureaucrats is a bigger threat than corruption
On the need for psychological screening in bureaucracy.
“Simon McKenna, an expert in organizational behaviour, highlights a disproportionate representation of individuals with psychopathic traits in leadership positions, particularly within the public sector. The disastrous impact of such personalities on organizational culture cannot be overstated. Surveys show a direct correlation between psychopathic leadership and an increase in workplace dissatisfaction and employee attrition. This toxicity adeptly camouflaged by a veneer of scapegoating, allows these individuals to steadily ascend the bureaucratic ladder.
“Just as profit drives the private sector, compassionate distribution of public welfare should be guiding the governments. However, envision a scenario where a government office, funded by the public exchequer, degenerates into a fiefdom dedicated to pandering to the whims of a senior bureaucrat, its staff running around to satiate their ego. The obnoxious Mai-Baap culture of bureaucracy playing havoc with our citizens for ages, that every successive government has struggled to tame, is deeply entrenched in a psychopathic bureaucracy. What we mistake for ‘colonial mindset’ is the manifestation of symptoms associated with psychopathy. Hence, I reiterate, this perversion of purpose triggered by a psychopath represents a threat far more insidious than corruption.”
How much time do federal bureaucrats spend working for unions?
Federal bureaucrats get paid to work on recruiting and other union issues.
“In response to an inquiry led by Sen. Marsha Blackburn (R-Tenn.), OPM director Kiran Ahuja recently acknowledged her agency had no intention of restoring the official time webpage it deep-sixed last summer, much less conduct another study on the costs of taxpayer-funded union time.
“Ahuja did, however, admit that the last such report — covering fiscal year 2019 — showed nearly a 30 percent decline in official time use, a testament to Trump’s now-reversed reforms. Even still, federal bureaucrats spent an estimated 2.6 million hours on taxpayer-funded union time that year at a cost of about $135 million.”
Government Communications Study: Year 2
63% of those surveyed view the US government as totally ineffective in getting things done. 60% do not trust the government to do what is best for the country. 78% said that the government makes decisions based on political reasons instead of the public interest.
Happy 40th birthday to the FAR, but has it gone too far?
Bureaucracy favors the large, even as the government industrial base shrinks.
“The data is clear. The industrial base supporting the federal government is shrinking. Small business participation in the federal market has fallen approximately 50% between 2010 and 2022, during a decade where the overall economy grew, and the number of small businesses increased. From fiscal 2011 to 2020, the number of small businesses receiving Department of Defense (DoD) contract awards decreased by 43% despite obligations increasing by 15%. The number of large businesses receiving contract awards fell, on average, by more than seven percent annually over the same period. A telling indicator is the decrease in the number of small businesses participating in the federal market, while at the same time, overall obligations to small businesses have increased. This dynamic reflects a market where the regulatory barriers to entry have stymied the growth of the industrial base, leaving an ever shrinking “incumbent class” of contractors available to the federal customer.”