Bill Gross Trolls “Addled, Impotent” Central Bankers, Asks “How’s It Workin’ For Ya?”

It’s no secret that trillions in global QE and the descent into the NIRP twilight zone have done very little to resuscitate global growth and trade in the wake of the crisis. 

Indeed, eight years on and the world is mired in subpar growth and faces a global deflationary supply glut that’s driven commodity prices to their lowest levels of the twenty-first century on the way to undercutting central bankers’ collective efforts to jumpstart inflation and keep the entire world from becoming Japanified.

Now, as the BoJ and the ECB are set to double and triple down on measures which quite clearly are doing nothing besides blowing giant asset bubbles, Bill Gross has a question for the central banker crowd:  “How’s it workin’ for ya?”

His latest is below.

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From “Increasingly Addled,” by Bill Gross

Long ago and far away in the adolescent cauldron known as Los Altos High School, I attended a senior U.S. history class with a man-child named Delos Roman. He was appropriately christened it seems, because his body resembled that of Zeus, the God of Thunder, and at 6’4”/230 pounds, he rumbled down the football sidelines like a Mack truck on a downhill mountain road. If you were a defensive corner, you didn’t want any part of him, nor did you after the 3:00PM Springtime bell, when “fight” became the rallying cry between Delos and any would-be challenger in the school parking lot. Fate, it seems, had predestined him to be a tough guy. His size didn’t necessarily mean he lacked intellect, but it emphasized brawn over brains and he went with his strong suit like many of us did. Homecoming queens, high scoring SAT nerds, chess club leaders, debate champions, even those with less attractive physical and IQ characteristics seemed primarily guided by how they came out of the oven, not by who they might become – if uninfluenced by their genetic makeups. That was not to discount free will (I now understand), but Nietzsche was never required reading back then and four years was too short a time to really judge the measure of a boy or a girl in blossom. “Mirror, mirror on the wall” seemed a better lead indicator than Nietzsche’s “Superman”.

I was reminded of Delos when the phone rang at my office several months ago and my assistant said there was a Mr. Roman on the line. He had had a hard life, he said, and wanted to know how to invest the $50,000 he had received from his mother’s will. He spoke softly and was almost inaudible, “I’ve been in and out of trouble all my life”, he murmured, “beginning in junior high when I was tough enough to beat up high school seniors.” His story had a ring of the famous Marlon Brando soliloquy in On the Waterfront. “I could’ve been somebody”, he said in so many words, “but I was too big for my own good.”

Well, Mr. Roman was just one example in hundreds of the Los Altos class of ’62, many molded by inbred physical and intellectual characteristics that had guided their destinies. But perhaps, I wondered if some of those with a plain vanilla wrapper or an average IQ might in some ways have been better off than the 800 SAT genius or the prettiest girl in the class. Maybe that left them free to determine their own direction, to develop a multitude of skills that then led to a more successful outcome than that of Delos Roman. Bob Dylan once wrote that “I got nothin’ Ma – to live up to.” He did of course – strange little guy with the raspy voice. But Dylan’s and Roman’s lives might just be a lesson for discouraged parents to stay optimistic. If your child isn’t at the head of the class or captain of the volleyball team, a free-will outcome, as opposed to predestination, may be just around their corner.

Some readers might think that there are some autobiographical traces in the above, and I suppose there are. I was “different”. While at 71 it is hard to remember details from a half century past, as recently as 2007, I was the subject of a few revealing comments from a now retired Governor during a Fed meeting chaired by Ben Bernanke. I had been highly critical for several years of the potential housing bubble and the Fed’s neglect of same, which caused the Governor to criticize my written Investment Outlooks and label me as an “odd duck” and “increasingly addled”. Following much laughter, the Governor asked that the remarks be stricken from the minutes, which prompted another Governor to say “and replaced by what?” More laughter, but PIMCO and a few others it turns out had the last hoo-hah. The housing bubble and the Fed’s neglect of it was recognized early on by PIMCO’s Paul McCulley, an economist/investor who should belong in someone’s Hall of Fame. McCulley introduced me and PIMCO to Hyman Minsky and his personal characterization of the upcoming “Minsky Moment”, a phenomena that relied significantly on common sense as opposed to statistical modeling which the Fed used then and continues to. “Stability leads to instability” was Minsky’s mantra, but it still inevitably begged the big question of “when?” We solved that though, by turning credit analysts into pretend home buyers, sending them to Las Vegas, Memphis, Toledo, etc. to learn about “no docs” and “liar loans” long before the Fed did. Shades of the Big Short!

Which reminds me that in 2012, Michael Lewis had come out to interview me several months before his book was written, to explore the historical context of the Great Short and the Great Recession. Perhaps PIMCO’s story wasn’t extreme enough, because we didn’t actually short subprimes, but merely didn’t buy many of them, or perhaps I wasn’t addled enough like co-star hedge fund manager Michael Burry, who I share affection for and affliction with (and it’s not a glass eye). In any case, we weren’t part of Lewis’ story. Nevertheless, it was a fascinating period of corporate and global financial history, but one which continues to the present day in terms of The Fed, global central banks, and their fixation on statistical modeling to influence monetary policy, as opposed to common sense and financial regulation. Today’s Fed and other model based central banks are, to my way of thinking, the ones that have more and more become “increasingly addled”. Their genetic makeup, like that of Delos Roman, seems to have been determined at origin and has since been centered on changes in the policy rate and the observation that higher short rates slow economic growth/temper inflation, and that low (or negative) interest rates do just the opposite. In recent weeks markets have witnessed Mario Draghi of the ECB speak to “no limit” to how low Euroland yields could be pushed – as if he were a two-time Texas Hold Em poker champion. In turn, Janet Yellen at the Fed, at least temporarily, halted their well-advertised tightening cycle at 25 basis points, followed a few days later by the BOJ’s Kuroda and a 5-4 committee vote to enter the black hole of negative interest rates much like the ECB and three other European central banks. They all seem to believe that there is an interest rate SO LOW that resultant financial market wealth will ultimately spill over into the real economy. I have long argued against that logic and won’t reiterate the negative aspects of low yields and financial repression in this Outlook. What I will commonsensically ask is “How successful have they been so far?” Why after several decades of 0% rates has the Japanese economy failed to respond? Why has the U.S. only averaged 2% real growth since the end of the Great Recession? “How’s it workin’ for ya?” – would be a curt, logical summary of the impotency of low interest rates to generate acceptable economic growth worldwide. The fact is that global markets and individual economies are increasingly “addled” and distorted, exemplified by some significant examples featured below:

1) Venezuela – bankruptcy just around the corner due to low oil prices and policy mismanagement. Current oil prices are (in significant part) a function of low interest rate central bank policies over the past 7 years.

2) Puerto Rico – default underway due to overspending, the overpromising of retirement benefits, and the inability to earn adequate investment returns due to ultra-low global interest rates.

3) Brazil – in deep recession due to commodity prices, government scandal and in this case, exorbitantly high real interest rates to combat the effect of low global interest rates, and currency depreciation of the REAL. No country over time can issue debt at 6-7% real interest rates with negative growth. It is a death sentence. In the interim, the monetary authorities deceptively issue, then roll over more than a $100 billion of “currency swaps” instead of selling dollar reserves in an effort to hoodwink the world that there are $300 billion of reserves to back up their sinking credit. This maneuver effectively costs the government 2% of GDP per year, leading to the current 9% fiscal deficit.

4) Japan – 260% government debt/GDP and climbing sort of says it all, but there’s a twist. Since the fiscal (Abe) and the monetary (Kuroda) authorities are basically one and the same, in some future year the debt will likely be “forgiven” via conversion to 0% 50-year bonds that effectively never come due. Japan will not technically default but neither will private investors be incented to make a bet on the world’s largest aging demographic petri dish. I’m tempted to say that “Where Japan goes – so go we all”, but I won’t – it’s too depressing.

5) Euroland – “Whatever it takes”, “no limit”, what new catchphrases can Draghi come up with next time? It’s not that there’s a sufficient recession ahead, it’s just that the German yield curve is in negative territory all the way out to 7 years, and the shaky peripherals are not far behind. Who will invest in these markets once the ECB hits an effective negative limit that might be marked by the withdrawal of 0% yielding cash from the banking system?

6) China – Ah, the dragon’s mysteries are slowly surfacing. Total debt/GDP as high as 300%; under the table capital controls; the loss of $1 trillion in reserves to support an overvalued currency; a distorted economic model relying on empty airports, Potemkin village housing, and investment to GDP of 50%, which somehow never seems to transition to a consumer led future. Increasingly, increasingly addled.

7) U.S. – Well now, the U.S. is impervious to all this, is it not? An 85% internally generated growth model that relies on consumption which in turn, relies on job growth and higher wages, all of which seems to keep on keepin’ on. Somehow, though, even the Fed seems to have doubts, as in last week’s summary statement, where for the first time in 15 years they were unable to assess the “balance of risks”. “We need some time here to understand what is going on”, says Kaplan from the Dallas Fed. Shades of 2007. The household sector has delevered, but the corporate sector never did, and with Investment Grade and High Yield yields 200-1000 basis points higher now, what does that say about future rollover, corporate profits and solvency in many commodity-sensitive areas?

OK – that’s it for now. As of this writing, stocks are back up, and the prospects for the USA becoming great again are looking skyward as well, at least according to the polls and Donald Trump. Now there’s an addled guy but … who knows, sometimes they succeed. What I do know is that our finance-based global economy is transitioning due to the impotence of monetary policy which has always, and is now increasingly focused on the elixir of low/negative interest rates. Don’t go near any modern day Delos Romans; don’t go near high risk markets, stay safe and plain vanilla. It’s not predetermined or guaranteed, but a more prosperous outcome should be somewhere around the corner if you do.


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The Dollar Is Getting Hammered, Gold Jumps

It appears The ADP Employment report was not good enough to support fed rate-hikes as across the majors, traders are selling USDs… Gold is also surging. It appears someone is betting large that this week's payroll data will be weak…

Dollar is being dumped against the majors…

 

And gold is bid…

 

As Bloomberg reports, ICE's U.S. Dollar Index has tumbled from an almost two-month high set on Jan. 29, when the Bank of Japan’s decision to implement negative interest rates drove investors into the greenback.

Now, traders are refocusing their attention on the outlook for U.S. borrowing costs, with the prospect of tighter Federal Reserve policy seen to be fading amid an uneven domestic recovery and global market turmoil.

 

“Whoever said that the dollar may benefit from the Fed hiking rates might be disappointed,” said Roberto Mialich, a senior foreign-exchange strategist at UniCredit SpA in Milan. “If markets continue to imagine that the pace of the normalization process in the U.S. might be slower than they expected in December, when the Fed kicked off, the dollar will remain sluggish.”

 

The probability the Fed will boost its benchmark rate from a range of 0.25 percent to 0.5 percent this year has fallen along with oil prices. There’s a less than 50 percent chance of an increase by the central bank’s December meeting, while the odds of action by the April gathering have tumbled to 16 percent, from 56 percent at the end of last year.

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As rate-hike odds collapse across the term structure… as the red shaded region shows the market's confidence in The Fed's  forecast for rate hikes this year…


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ADP Employment Growth Tumbles From Miraculous December Bounce

Following December's miraculous surge in employment (to the biggest improvement in a year), ADP Employment tumbled back a more "normal" 205k in January (stilll beating expectations of 195k). Services dominated (192k vs 13k for goods). Once again manufacturing disappoints with no change in employment as large business hiring slows notably.

ADP employment cyhange dropped notably but still beat expectations…

 

As ADP catches down to reality comiong from initial claims…

 

Change in Nonfarm Private Employment

 

Change in Total Nonfarm Private Employment

 

Change By Company Size

 

Change By Selected Industry

 

The "recovery" continues to be all Services, little Goods:

  • Goods-producing employment rose by 13,000 jobs in January, well off from December’s upwardly revised 30,000. The construction industry added 21,000 jobs, which was roughly in line with the average monthly jobs gained during 2015. Meanwhile, manufacturing neither added nor lost jobs.
  • Service-providing employment rose by 192,000 jobs in January, down from an upwardly revised 237,000 in December. The ADP National Employment Report indicates that professional/business services contributed 44,000 jobs, down from 69,000 in December. Trade/transportation/utilities grew by 35,000, up slightly from a downwardly revised 33,000 the previous month. The 19,000 new jobs added in financial activities were the most in that sector since March 2006.

 

The commentary from ADP: "One of the main reasons for lower overall employment gains in January was the drop off in jobs added at the largest companies compared to December. These businesses are more sensitive to current economic conditions than small and mid-sized companies,” said Ahu Yildirmaz, VP and head of the ADP Research Institute. “Over the past year, businesses with less than 500 employees have created nearly 80 percent of new jobs.”

Mark Zandi, chief economist of Moody’s Analytics, said,

“Job growth remains strong despite the turmoil in the global economy and financial markets. Manufacturers and energy companies are reducing payrolls, but job gains across all other industries remain robust. The U.S. economy remains on track to return to full employment by mid-year.”

Full breakdown:

<br /> ADP National Employment Report: Private Sector Employment Increased by 205,000 Jobs in January<br /> ” border=”0″ height=”1598″ src=”<a href=http://ift.tt/1Qcdxvc…” width=”598″ />


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Phoenix Open Billboard Says Buds Are Safer Than Bud (or Coors)

The organization backing a marijuana legalization initiative that is expected to appear on Arizona’s ballot in November is taking advantage of this week’s Phoenix Open to promote their cause with a billboard that compares cannabis and alcohol. The golf tournament, which is cosponsored by Coors and held at the TPC of Scottsdale complex, is known as “the greatest party on grass.” Hence this billboard at the corner of 7th Street and Lincoln in Phoenix:

“We’re glad that Arizona residents have the opportunity to attend the Open, consume alcoholic beverages, and enjoy the ‘greatest party on grass,'” says J.P. Holyoak, chairman of the Campaign to Regulate Marijuana Like Alcohol, which is backed by the Marijuana Policy Project. “We also think it’s important to acknowledge that alcohol is a much more harmful substance than marijuana. Alcohol is more toxic, more addictive, and more likely to contribute to rowdy or violent behavior. If spectators can enjoy a beer or cocktail at the TPC, adults should not be arrested for enjoying a little marijuana at a backyard picnic. It is, quite literally, a safer party on grass.” The website listed on the billboard, Marijuana-vs-Alcohol.org, elaborates on the comparison.

In case the grass joke did not sate your appetite for golf-related word play, Holyoak has more. “Our state took a shot at marijuana prohibition and landed in a hazard,” he says. “We are giving Arizona a mulligan on its marijuana policy and letting voters take another swing at it this fall. For our part, we will continue to educate Arizonans about the relative harms of marijuana and alcohol as we tee up this initiative for November.” Oy.

Arizonans approved medical marijuana by a razor-thin margin in 2010, and it’s not clear they’re ready to go further. Last October a survey by the Morrison Institute for Public Policy at Arizona State University found that just 49 percent of voters thought marijuana should be legalized for recreational use.

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JPM: “The Backdrop Remains The Same: Sell Rallies Toward 1950”

Yesterday we reported that following a spike in calls by the sellside to “sell the rally”, hedge funds did just that and according to BofA client data, hedge funds dumped the most shares in the past week in two years.  Today, JPM’s Adam Crisafulli repeats the firm’s now default call for 2016, noting that “the bigger picture backdrop for the market remains the same.”

Here are the three key backdrops:

  1. 16x and $120 create a firm ceiling at ~1950 and thus moves toward that level should be faded;
  2. the macro environment isn’t nearly as horrible as the mid-Jan narrative suggested but there are still plenty of headwinds;
  3. the biggest risks for the tape right now are misplaced hopes around crude (a “grand bargain” production deal isn’t imminent) and central banks (incremental easing actions going forward won’t be nearly as positive for stocks as ones in the past and actually could be counterproductive if they weigh meaningfully on banks).

As for imminent catalysts, this is what JPM sees:

Catalyst bottom line – the big ones to watch: 1) US jobs for Jan Fri 2/5; 2) Yellen testimony before the House on Feb 10 and Senate Feb 11; 3) EU Leaders Summit 2/18-19 (deal on retaining the UK in the EU is expected at this event); 4) G20 fin min/central bank meeting (2/26-27 Shanghai).

JPM is not the only one: moments ago famed technician Louise Yamada doubled down on the call, saying the primary trend for stocks is now lower as bear market unfolds; monthly momentum indicator still giving sell signal and declining; “rally may fade as fast as it appeared,” Bloomberg cites Louise Yamada’s monthly note.

She adds:

  • Bear market rallies “can last long enough to lull investors into a false sense of complacency”
  • Avg. bear market lasts 17 months, suggesting this one will last until ~Oct. 2016 given market top was May 2015
  • Measured move target would suggest S&P 500 eventually dropping to ~1,600, DJIA to ~14,000

There is always one caveat… the biggest one: the Fed could adopt more stimulus such as negative interest rates, in which case “2016 will prove a challenging year and defensive positions are still warranted.”

In other words, enjoy trading the “fundamentals” such as which a central banker had for breakfast.


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Of Porn Stars and Presidents: What the Adult-Entertainment Industry Thinks of the 2016 Candidates

In Salt Lake City recently, a Republican state senator filed a bill to declare pornography a “public health hazard” and an “epidemic that is harming the citizens of Utah and the nation.” Five hours away in Las Vegas, America’s porn industry was gathering en masse to celebrate the year’s adult-film achievements and hawk sex toys, tech, and fantasies. When the subject of politics came up—and it did, in various capacities, throughout the four days of the 2016 AVN Adult Entertainment Expo, the industry’s biggest trade show and fan gathering—one of the most pervasive themes was fear and loathing for the Republican Party. So Sen. Weiler’s anti-porn bill is right on beat with adult-industry expectations.

But are industry expectations stuck in another era? Would Democrats really be better for smut? The Obama administration has been using the specter of “sex trafficking” to go after online speech and web businesses and encourage hotel-staff to report suspicious condom usage to the Department of Homeland Security (DHS). It’s not much of a leap from cracking down on prostitution to condemning the porn industry as complicit. 

As recently as 2005, Hillary Clinton railed against both “violent video games” and pornography as part of a bill to ban certain games for minors. That was the same year Democrats in the Senate wanted to enact a 25 percent federal excise tax on porn websites. And under the Bill Clinton administration, Congress passed the Child Online Protection Act of 1998, which imposed criminal liability on porn sites if children viewed “harmful” material there.

While Democrats have historically been less keen on obscenity prosecutions and less vocal about values and “decency,” they’ve also proven themselves plenty willing to censor and tax adult-oriented business in the name of pubic health and safety. With the old Moral Majority reframing its message as one against sexual exploitation—literally, the values group changed its name to the National Center on Sexual Exploitation in 2014—the right may have more luck picking up feminists and other social-justice types for the cause. 

PORN STARS FOR SANDERS

Yet understandably, the adult-film business still leans left. At the AVN Expo, younger performers with an opinion on the 2016 presidential race almost exclusively advocated for Bernie Sanders.

“I really like Bernie,” says adult star Alison Tyler, 26, a Los Angeles native whose pre-porn jobs included Green Peace activist and working for a company that made gears for Lockheed and Boeing. More recently, Tyler played Wonder Woman in Batman v. Superman XXX: An Axel Braun Parody. “I find it real interesting because you don’t really see… I don’t want to put this wrong, but you don’t really see older white men that are as cool as [Sanders] is.” 

“I think Bernie Sanders is probably on top for the industry,” Tyler adds. “I know a lot of women started out following Hillary, but I think that was just on the basis that she was a woman, and then when people started listening to her they’re like, uhhh, maybe not.”

Performer Jojo Kiss, 20, also favors Sanders, finding the prospect of a Donald Trump presidancy “so terrifying it just makes me want to cry and get in the fetal position.” Asked if she thinks a Republican president would be bad for the porn industry, Kiss—who spent several years at a Christian school and is dressed like a slutty nun—interrupts me to stress that “there’s nothing wrong with a Republican. It’s just the very, very conservative, religious Republicans, where most of their beliefs are based on the bible.”

Adult star Natasha Nice, 27, reached out to me on Twitter because she’d been talking “about liberty and porn” with someone who recommended she check out my work. I dropped by Nice’s booth at the AVN Expo and she explained that she’s been reading John Stuart Mill’s On Liberty and thinking about how it applies to pornography. (Swoon.) But having not paid close attention to the 2016 race so far, Nice says “off the top of my head I would probably say Sanders” is her favorite candidate. 

“I think it’s a big millennial thing,” says Alexa Grace, 21, of Sanders’ popularity. 

THE RARE REPUBLICANS OF PORN

Indeed, only one millennial porn performer I talked with—24-year-old Jay Taylor—identified as a Donald Trump fan. “My view is very unpopular,” Taylor tells me. “I’m one of the very very very few” Trump supporters in the industry.

Taylor points me to another of these rare creatures, 46-year-old adult star Dick Chibbles. A native New Yorker who played the Donald in last year’s Donald Tramp—The XXX Parody, Chibbles calls the candidate “the voice of Americans” because “he doesn’t candy coat shit like 99 percent of all these other candidates, which is what America needs.”

In Washington, “you’ve got your one side, you’ve got your other side, it’s two wings of the bird but it’s the same bird,” Chibbles complains. “They all answer to the same corporate entity. Whereas you got Trump, he doesn’t need money, he doesn’t need contributions, he actually genuinely cares—I mean, he’s feeding his ego, too, but he cares.” 

Neither Taylor nor Chibbles think Trump would be bad for porn. Chibbles notes that “right after I played Trump for WoodRocket TV, I tweeted the pictures of myself as Trump to RealDonaldTrump on Twitter, and you know, he liked it.”

“He’s a businessman,” says Taylor, adding that her goal is “to be as rich as Donald, and I can’t get that by voting for Bernie.” 

Former MTV Teen Mom Farrah Abraham, who now runs a webcam site called Farrah’s Friends, also pointed to Trump’s business record as a perk. Though Abraham declined to say who she would be voting for, she did say it would be “someone very business focused.” 

FEAR OF OBSCENITY PROSECUTIONS LINGER 

But off the expo floor, both Trump and Sanders received much less favorable reviews from adult-biz veterans. “How does socialism fit into the porn agenda?” asked retired porn star Evan Stone at a January 20 panel on porn and politics. He thinks Clinton will be indicted and then “Trump will take this election”—though it’s not a scenario that Stone, a libertarian, is happy about.

“I am really afraid that there are enough stupid people that Trump can win,” said fellow panelist Dee Severe, an adult filmmaker and dominatrix. Personally, Severe’s loyalties lie with Clinton.

“Trump really has this efficient system of demonizing people,” she said, and “what is more easy to demonize than porn? That would be a really easy thing for him to do to show, ‘look, I really am conservative,’ you know, nevermind the three wives and Miss Universe and all that.”

California attorney Clyde Dewitt also thinks Trump would go after porn to appease the Republicans’ evangelical base. Dewitt noted that Ronald Reagan didn’t target obscenity in his first term, but “obscenity prosecutions started big-time in 1984 when Reagan realized he owed the evangelicals something. And what he couldn’t give them was to overturn Roe v. Wade,” so instead he got tough on obscenity. 

“In 2020—if Trump’s elected in 2016—he’s going to say, ‘I need the evangelicals,'” Dewitt cautioned. Asked if there’s a candidate that “sends shivers” down their spines, Dewitt and Severe agreed on Texas Republican Sen. Ted Cruz.

IS PORN PERSECUTION PAST?  

Former porn actor and Evil Angel studios founder John Stagliano said he plans to vote for “whoever the libertarian party runs” because it’s the only party that rejects “warmongering.” (Disclosure: Stagliano is a donor to the Reason Foundation, the nonprofit that publishes Reason magazine.) Stagliano noted that he did like Rand Paul, but no longer believes the candidate has a chance. A “best case scenario” at this point would be Bernie Sanders and a Republican Congress, Stagliano added, because Sanders would be good at diplomacy and foreign policy but Congress would keep him from passing any of his “socialist agenda.”

But Stagliano—himself the target of a George W. Bush-era obscenity arrest over Evil Angel titles such as Milk Nymphosdid not share some panelists’ fears that Trump, Cruz, or any Republican president would target porn. The era of support for that is over, he suggested, as people in general are becoming more tolerant of one another’s sexual activities and identities. “I don’t hear any [of the 2016 presidential candidates] talking about pornography at all,” said Stagliano. “I don’t hear the evangelicals feeling like they’re powerful, like they were with George Bush, like they could get the president to create an anti-obscenity task force.”

Under Bush, the Department of Justice had launched an Obscenity Prosecution Task Force in 2005 with a mission to “protect citizens from unlawful exposure to obscene materials.” And as recently as the 2012 election season, GOP candidates including Mitt Romney, Rick Santorum, and Newt Gingrich all promised strict enforcement of federal obscenity laws.

But now, “it seems you can put the anti-obscenity idea in the same context as gay marriage,” Stagliano said, meaning political opposition to both porn and same-sex marriage has fallen out of vogue.

Stone seemed less sure, however. Marriage equality won “by showing attractive gay men holding hands, and everyone was like ‘awww. They’re like kittens!'” he said. They won “by not showing the sex stuff. But we show that!”

Dewitt countered that culture and public opinion aren’t the point. “Assuming the next president serves 8 years,” he said, Supreme Court Justice “Ginsberg’s gonna be 91 by the time the next president is done, Robert’s gonna be 86, and Scalia and Kennedy are going to be 88. The next president will probably have four appointments on the Supreme Court.”

The future appointment of Supreme Court Justices was also a big topic for experts on an AVN Expo panel about legal issues. Overall, the adult industry “will suffer greatly if a Republican is in the White House,” said J. Michael Murray, a partner with Cleveland appellate law firm Berkman, Gordon, Murray & DeVan who represents the adult-film trade group Free Speech Coalition. Murray and fellow panelists Paul Cambria, Allan Gelbard, and Karen Tynan all agreed that the GOP would be bad news for adult business.

Cambria, a constitutional lawyer who has worked on many major media cases, thinks that “if a Republican becomes president we’ll see all the [obscenity-related] laws that we haven’t enforced in a long, long time enforced.”

During his session, Dewitt noted that since the 1980s, “no Democratic administration has prosecuted obscenity cases except two leftover from Republicans,” yet “every Republican administration has.”

JAILED FOR SELLING PORN

During an otherwise-lighthearted AVN Awards ceremony January 23, AVN founder Paul Fishbein—accepting the evening’s “Visionary Award”—said that he had “friends get put on trial and go to jail just for selling an adult film” a few decades ago. 

In many, many respects, the politics surrounding porn have come a long way since then, Fishbein noted. But having “watched for 34 years as the adult industry has taken bullet after bullet,” he’s not one to be complacent, no matter which political party is in office. Mentioning Homeland Security’s summer ’15 takedown of escort site Rentboy and recent anti-porn regulations in California, Fishbein warned the industry that “somebody, somewhere, is always trying to find a way to censor speech and prevent you from doing what you’re doing.”  

Some of the feds’ recent actions have been wake up calls for those in the adult business who thought Democrats knew better. “For the adult business, it’s always been Democrat,” says Kim Airs, owner of online boutique GrandOpening.com, who has been selling adult novelties for decades. Homeland Security’s raid on Rentboy “caught everyone off guard. It was like, wait a minute, this is supposed to be a sex-friendly administration,” Airs says.

Perhaps the point is the adult-entertainment industry should trust no one, or at least no one from the main two political parties. I’m left feeling that the wisest words about the 2016 election came from the youngest porn performer I interviewed, 19-year-old Joseline Kelly. “At this point, I don’t really want to vote for anyone because they’re all kind of scary right now,” says Kelly. “You can’t really trust any of them, they’re all doing weird shit, you know? If I vote I’m just going to feel guilty … so I’d just rather not.” 

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Are You a Fan of Making a Murderer? Check Out These Exoneration Figures for 2015

Fly! Be free!The Netflix series Making a Murderer has gotten huge media and public attention for its portrayal of the story of Steve Avery, who served 18 years in prison for sexual assault and attempted murder, only to be later exonerated and then arrested again and convicted in 2007 for murder.

The National Registry of Exonerations at the University of Michigan is pivoting off the fame of the documentary series to highlight its annual figures showing how many other prisoners are found innocent, Their numbers for 2015 were released today and they show a new high in numbers. In 2015, 149 people (that the registry has documented) were exonerated of their crimes. This is an increase of 10 over 2014’s numbers, which were themselves a record (note that when I blogged 2014’s numbers, we registry had them initially at 125. These may increase as more information makes it to the registry. It’s possible then that more than 149 people were exonerated last year.)

Here’s some important statistics from the registry’s report:

  • 2015 exonerationsThose exonerated in 2015 had served an average among them of more than 14 years in prison.
  • The flat numbers are small, but we’ve seen a doubling in the number of exonerations since 2011.
  • 58 of those exonerated had been convicted of homicide. Five had been sentenced to death.
  • 47 of those exonerated had been convicted of drug possession.
  • 27 of the exonerations were from convictions connected to false confessions, primarily in homicide cases. Often the defendants were minors or had mental illnesses and/or intellectual disabilities.
  • 44 of the homicide exonerations involved discoveries of misconduct by officials
  • 44 percent of the exonerations were of people who actually pleaded guilty to their crimes, a record high.
  • A record 75 exoneration cases were in situations where it turned out no crime actually even occurred. In the most egregious example, three men were convicted of setting a fire in Brooklyn that killed a mother and her five children. It turned out the witness who testified that she saw them leaving the building at the time of the blaze later admitted lying and the evidence did not prove that the fire was actually intentionally set.

As with last year’s numbers, the registry gives a lot of credit for the exonerations to Conviction Integrity Units (CIU), which work with prosecutors’ offices to fix false convictions. CIUs were involved in 58 of the exonerations. As with last year, special mention is made of CIUs in Harris County, Texas, (where a huge chunk of the drug-possession exonerations came from) and Brooklyn, where they saw they above-mentioned homicide exonerations. Texas and New York dominated the other states in the total number of exonerations last year. It’s not necessarily because these two states have the most false convictions, the registry is quick to explain, but because those CIUs are so actively involved in fixing them.

Ultimately that means these releases, while increasing in number, may represent just the tip of the iceberg. The registry concludes in its 2015 report that there’s still an epidemic that remains mostly hidden:

In 2014 and 2015 there were 16 exonerations of defendants who were convicted of murder in Brooklyn from 1988 through 1994; other such cases are pending. This concentration of bad murder convictions from the years of the crack epidemic cannot be unique to Brooklyn. We have no doubt that similar numbers of cases would be found in other cities around the country if the prosecutors in charge devoted as many resources to finding them as the Brooklyn District Attorney’s Office. 

In 2014 and 2015, 73 innocent defendants who pled guilty to low level drug crimes in Harris County, Texas, were exonerated by lab drug tests—and more to come. But how many innocent defendants have pled guilty in Harris County in cases for which no lab tests are available? And how many thousands more in the thousands of other counties across the country?

Read the full report, Exonerations in 2015, here.

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Germany Unveils “Cash Controls” Push: Ban Transactions Over €5,000, €500 Euro Note

It was just two days ago that Bloomberg implored officials to “bring on a cashless future” in an Op-Ed that calls notes and coins “dirty, dangerous, unwieldy, and expensive.”

You probably never thought of your cash that way, but increasingly, authorities and the powers that be seem determined to lay the groundwork for the abolition of what Bloomberg calls “antiquated” physical money.

We’ve documented the cash ban calls on a number of occasions including, most recently, those that emanated from DNB, Norway’s largest bank where executive Trond Bentestuen said that although “there is approximately 50 billion kroner in circulation, the Norges Bank can only account for 40 percent of its use.”

That, Bentestuen figures, “means that 60 percent of money usage is outside of any control.” “We believe,” he continues, “that is due to under-the-table money and laundering.”

DNB goes on to say that after identifying “many dangers and disadvantages” associated with cash, the bank has “concluded that it should be phased out.”

On Tuesday we got the latest evidence that officials across the globe are preparing to institute a cashless “utopia” when Handelsblatt reported (in a piece called “The Death of Cash) that the Social Democrats – the junior partner in Angela Merkel’s coalition government – have proposed a €5,000 limit on cash transactions and the elimination of the €500 note. 


Berlin is using a familiar scapegoat to justify the plan: the need to fight “terrorists” and “foreign criminals.”

“Limits on cash transactions would discourage foreign criminals from coming here to launder money,” says a paper penned by the Social Democrats. “If sums over €5,000 have to pass through traceable bank transactions, laundering would be severely hampered, it adds.”

On Wednesday, we got confirmation of the plan from Deputy Finance Minister Michael Meister who told reporters that Germany is proposing a euroarea ban on cash transactions over €5,000 to combat terrorism financing and money laundering.

“Since money laundering and terrorism financing are cross-border threats,” it makes sense to adopt a bloc-wide “solution”, but “if a European solution isn’t possible, Germany will move ahead on its own,” he added.

This comes at a rather convenient time for policy makers in Europe. Rates are already sitting at -0.30% and are likely to be cut by an additional 10bps in March. But that’s not likely to do anything to curb the disinflationary impulse. Mario Draghi isn’t anywhere close to his inflation target and it says a lot about how ineffective the ECB has been when everyone is relieved to see annual inflation running at the “brisk” pace of 0.4%.

As a reminder, the gradual phasing out of cash strips the public of its economic autonomy. Central bankers can only control interest rates down to a certain “lower bound.” Once negative rates are passed on to depositors – and trust us, that’s coming – people will simply start pulling their money out of the bank. The more negative rates go, the faster those withdrawals will be.

When you ban cash you eliminate this problem. In a cashless society with a government-managed digital currency there is no effective lower bound. If the economy isn’t doing what a bunch of bureaucrats want it to do, they can simply make interest rates deeply negative, forcing would-be savers to become consumers by making them choose between spending or watching as the bank simply confiscates their money in the name of NIRP.

Obviously, banning transactions above €5,000 is a long way from a wholesale ban on cash and several other countries have similar limits on cash transactions. Still, there’s no reason why the same rationale (i.e. fighting terror financing) can’t be applied to smaller sums – or all cash transactions. After all, it’s not as though “foreign criminals” only transact in amounts over €5,000 and since “follow the money” is usually the best way to get to the bottom of a perceived “problem,” having a ledger of everything someone or some group does financially would likely be an effective way to crack down on illicit activity.

We would argue that the cost to society of creating an economy wherein people’s economic decisions are completely dictated by small groups of economists far outweighs any benefits that would accrue from using a centrally planned digital currency to deter crime.

As for how a cash ban would go over in Germany, we seriously doubt the public would take it laying down given that only 18.7% of transactions in the country involve plastic cards.


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Frontrunning: February 3

  • Oil lifts stocks off lows, yen and low-risk debt in favor (Reuters)
  • Yes, this agaim: Oil gains after Russia says open to talking with OPEC (Reuters)
  • More forecasts: Oil Prices Could Jump 50% by the End of 2016 (BBG)
  • New Risks for Trump After Iowa Loss (WSJ)
  • Yuan Gap Widens Again as Depreciation Bets Swamp PBOC Fightback (BBG)
  • Germany Struggles to Assess Security Threats Ahead of Carnival Season (WSJ)
  • Marco Rubio becomes early hope for mainstream U.S. Republicans (Reuters)
  • Dollar Bears Awaken Before Jobs Report as BOJ-Stoked Rally Fades (BBG)
  • Yahoo to Cut 15% of Workforce, Explore Strategic Options (WSJ)
  • Merck’s Top-Selling Diabetes Drugs Fall Short of Sales Estimates (BBG)
  • Euro-Area Price Cuts Intensify Pressure on Draghi to Act (BBG)
  • Syngenta Agrees to $43 Billion ChemChina Takeover (WSJ)
  • China seeks food security with $43 billion bid for Syngenta (Reuters)
  • Starboard Takes 6.7% Stake in Marvell Technology (WSJ)
  • Australian asylum ruling paves way for deportation of infants (Reuters)
  • Perks Keep Getting Nicer—for Some Workers (BBG)
  • Greek military to oversee response to refugee crisis (Kath)
  • Putin Prepares to Court Foreign Investors Wary of Past Stumbles (BBG)

 

Overnight Media Digest

WSJ

– Exxon Mobil Corp posted its weakest annual results in more than a decade and BP PLC suffered a loss as big as that booked in the aftermath of the worst offshore oil spill in its history, showing the extent of the damage that the 20-month crude-price slump can inflict on even the biggest and most secure oil companies. (on.wsj.com/20FwfmA)

– The global retreat from risk intensified Tuesday, sending the Dow industrials to a 295.64-point decline and pushing U.S. crude futures to their deepest two-day drop since the financial crisis. (on.wsj.com/20FzeLM)

– Beaten in Iowa but unbowed, Republican Donald Trump returned Tuesday to the state that has served as his campaign home base facing a new set of challenges in what is likely to be a must-win primary. (on.wsj.com/1VK6CgM)
 
– Yahoo Inc has effectively hung a for-sale sign on its Web properties, signaling the possible end of a 20-year run by an Internet icon. The company on Tuesday said it would explore “strategic alternatives” as part of a restructuring that will eliminate roughly 15 percent of its workforce. (on.wsj.com/1JWbNd5)

 

FT

* Microsoft Corp is paying about $250 million to buy Swiftkey, maker of a predictive keyboard powered by artificial intelligence that is installed on hundreds of millions of smartphones.

* Luxembourg is going to launch an official initiative to promote the mining of asteroids for minerals. Collaborating with U.S. and European commercial partners, it aims to help create a new space industry to exploit asteroids for metals and other materials that are scarce on Earth.

* The United States and European Union have agreed a new deal for transferring data across the Atlantic. A top U.S. director of national intelligence will sign a pledge that the U.S. government will avoid “indiscriminate mass surveillance” of EU citizens when their information is sent from Europe to the United States.

* One of Britain’s biggest supermarket chains J Sainsbury Plc agreed on Tuesday to pay 1.3 billion pounds ($1.87 billion) to acquire Home Retail Group Plc, while analysts at Sanford Bernstein say is “a carefully crafted deal”.

 

NYT

– State-owned China National Chemical Corporation is nearing a deal to acquire Syngenta AG of Switzerland, one of the world’s biggest manufacturers of agriculture chemicals and seeds, people with knowledge of the discussions said on Tuesday. (http://nyti.ms/20oMHe5)

– Facing investor demands for action, Yahoo! Inc said it would lay off workers and explore possibilities that include sale of some assets. (http://nyti.ms/1o4MThi)

– Experts on financial distress told lawmakers in Washington that Puerto Rico’s financial troubles are so complex that bankruptcy alone would not solve them, and might make them worse. (http://nyti.ms/1SEM5uV)

– After a bitter face-off for more than a decade between Argentina and a group of disgruntled New York hedge funds, both sides have come to the negotiating table with fresh hopes of a resolution. (http://nyti.ms/1PyGjtJ)

 

Canada

THE GLOBE AND MAIL

** Canadian pension plans took a major hit in January from the turmoil in global markets, suffering a drop in their funding solvency as bond yields fell and their investment portfolios posted losses, according to pension consulting firm Aon Hewitt. (http://bit.ly/1SFqRNm)

** China has reduced the sentence for Huseyin Celil, the Canadian man imprisoned for life on militant-related charges and for endangering state security. (http://bit.ly/1X2GgYU)

** Like oil producers around the world, Norway’s national energy company Statoil has taken the axe to almost every part of its business. But Statoil is swimming against the tide in one important respect. It is among a handful of energy companies that has so far maintained its dividend, and it may be the only one that is actually considering raising the payout. (http://bit.ly/1Ssh5jw)

NATIONAL POST

** Ontario’s largest credit union, Meridian, is trying to kick off the spring home buying season as temperatures outside make it look like April has already arrived in some parts of the country. (http://bit.ly/1NODYFE)

** Canadian auto sales soared 9.6 percent in January, with 11 different brands reporting double-digit growth. Continuing the trend of the past several months, pickup trucks and SUVs drove the sales increase, with light truck sales up 17 percent and passenger car sales down 3.8 percent, according to data from DesRosiers Automotive Consultants. (http://bit.ly/1SXAAQD)

** Wal Mart Canada is bringing its “click and collect” online grocery service to Toronto this week. In Toronto, the service will be offered initially at 12 stores. It takes orders up to 21 days in advance and carries a pickup fee of C$ 3 ($2.14). (http://bit.ly/1SshP88)

Britain

The Times

British Gas is set to cut 500 jobs as Centrica Plc, its parent company, battles to trim costs as part of a sweeping restructuring drive. (http://thetim.es/1QZD7Z8)

The executive in charge of EDF’s project to build an 18-billion-pound ($25.91-billion) nuclear power station at Hinkley Point in Somerset has quit the French state-controlled electricity company for a job in the United States. (http://thetim.es/1QZENBS)

The Guardian

Sainsbury’s has agreed terms to buy Home Retail Group Plc, the owner of Argos, in a 1.3 billion pounds ($1.87 billion) deal which will create a combined food and non-food retailer that can take on Amazon and John Lewis. (http://bit.ly/1QZIckm)

The Financial Conduct Authority has told companies selling complex financial bets to do more to protect customers from losses and guard against money laundering. (http://bit.ly/1QZIYxM)

The Telegraph

Vodafone Group Plc has resumed talks with cable TV billionaire John Malone to discuss an asset swap with Liberty Global Plc. (http://bit.ly/1QZJP1m)

The boss of easyJet Plc has moved to quash speculation she is poised to leave the low-cost airline after confirming for the first time that she spurned an approach from Marks and Spencer Group Plc to take charge of the struggling retailer. (http://bit.ly/1QZK4JT)

Sky News

The Treasury has taken a step towards what could be a record-breaking privatisation by appointing advisers to oversee a 17-billion-pound ($24.47-billion) auction of chunks of Bradford and Bingley. (http://bit.ly/1QZKujw)

The Royal Automobile Club said it expected the cost of both petrol and diesel at the pumps to start to rise soon following seven consecutive months of average falls in petrol costs as world oil prices collapsed. (http://bit.ly/1QZKNLa)

The Independent

TalkTalk Telecom Group Plc lost more than 100,000 customers following the hacking attack in October, in which four million customers were warned that their personal data was put at risk. (http://ind.pn/1QZLB2q)

 


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Hail to the Censor, Hillary Clinton: New at Reason

You would think that a leading presidential candidate rolling her eyes at “freedom of speech” while advocating content-based takedown orders for U.S. media companies might generate a news cycle or two worth of raised eyebrows.

But Hillary Clinton’s illiberal proposals were drowned out within hours by the furor over Republican frontrunner Donald Trump calling for a “total and complete shutdown of Muslims entering the United States.” (Not to be outflanked on tech-toughness, the populist mogul also proposed “closing that Internet up in some ways,” and scoffed even harder at potential critics: “Somebody will say, ‘Oh, freedom of speech, freedom of speech.’ These are foolish people.”)

But as Reason Magazine Editor Matt Welch writes, long before Donald Trump became a one-man media-distraction machine, Hillary Clinton had mastered the art of pushing maximally against free expression without being tagged as a foe of the First Amendment, unlike her friend and anti-media collaborator Tipper Gore. Clinton has crusaded against not just “gangsta” rap (the scare quotes are hers), but also the “poison” spread by movies, television, and video games. Her record includes not just Gore-like Capitol Hill condemnations of content and agitation for parental warning labels, but also unconstitutional legislation mandating federal punishment for those who sell and market controversial entertainment.

View this article.

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