16.13.1. "Why would anyone use black markets?" + when the advantages of doing so outweigh the disadvantages - including the chance of getting caught and the consequences - (As the chances decline, this suggests a rise in punishment severity) - businesses will tend to shy away from illegal markets, unless... + Anonymous markets for medical products - to reduce liability, local ethical and religious laws - Example: Live AIDS vaccine...considered too risky for any company to introduce, due to inability to get binding waivers of liability (even for "fully informed" patients who face likely death) - markets in body parts... 16.13.2. Crypto anarchy opens up some exciting possibilities for collusion in financial deals, for insider trading, etc. - I'm not claiming that this will mean instant riches, as markets are fairly efficient (*) and "insiders" often don't do well in the market. (* Some argue that relaxing laws against insider trading will make for an even fairer market...I agree with this.) - What I am claiming is the SEC and FinCEN computers will be working overtime to try to keep up with the new possibilities crypto anarchy opens up. Untraceable cash, as in offshore bank accounts that one can send anonymous trading instructions to (or for), means insider trading simply can't be stopped...all that happens is that insiders see their bank accounts increase (to the extent they win because of the insider trading...like I said, a debatable point). - Price signalling, a la the airline case of a few years back (which, you won't be surprised to hear, I have no problems with), will be easier. Untraceable communications, virtual meetings, etc. 16.13.3. Information Markets - a la "information brokering," but mediated cryptographically - recall the 1981 market in Exocet missile codes (France, Argentina--later of relevance when an Exocet sank a British ship) 16.13.4. Black Markets, Informal Economies, Export Laws + Transborder data flow, legal issues + complex..laws, copyrights, "national sovereignty" - e.g., Phillipines demanded in-the-clear transmissions during bank loan renegotiations..and several Latin American countries forbid encrypted transmissions. + Export, Technology Export, Export Control - Export Control Act - Office of Munitions (as in "Munitions Act", circa 1918) + export of some crypto gear shifted from Dept. of State, Office of Munitions, to Dept. of Commerce - Commodity Control List, allows s/w that is freely available to the public to be exported without additional paperwork - Munitions used to be stickier about export (some would say justifiably paranoid) - Commodity Jurisdiction request, to see whether product for export falls under State or Commerce regulations - Trading with the Enemy Act - Exocet codes--black market sales of emasculated chips 16.13.5. Smuggling and Black Markets + Black Markets in the USSR and Other Former East Bloc Nations + a major issue, because the normal mechanisms for free markets-property laws, shops, stock markets, hard currencies, etc.-have not been in place - in Russia, have never really existed + Role of "Mafia" - various family-related groups (which is how trade always starts, via contacts and connections and family loyalty, until corporations and their own structures of loyalty and trust can evolve) + how the Mafia in Russia works - bribes to "lose" materials, even entire trainloads - black market currency (dollars favored) + This could cause major discontent in Russia - as the privileged, many of them ex-Communist officials, are best prepared to make the transition to capitalism + those in factory jobs, on pensions, etc., will not have the disposable income to take advantage of the new opportunities - America had the dual advantages of a frontier that people wanted to move to (Turner, Protestant ethic, etc.) and a high-growth era (industrialization) - plus, there was no exposure to other countries at vastly higher living standards + Smuggling in the EEC + the dream of tariff-free borders has given way to the reality of a complex web of laws dictating what is politically correct and what is not: - animal growth hormones - artificial sweeteners are limited after 1-93 to a small list of approved foods: and the British are finding that their cherished "prawn cocktail-flavored crisps" are to be banned (for export to EEC or completely?) because they're made with saccharin or aspartame - "European content" in television and movies may limit American productions...as with Canada, isn't this a major abridgement of basic freedoms? + this may lead to a new kind of smuggling in "politically incorrect" items - could be argued that this is already the case with bans on drugs, animal skins, ivory, etc. (so tediously argued by Brin) - recall Turgut Ozal's refreshing comments about loosening up on border restrictions + as more items are declared bootleg, smuggling will increase...politically incorrect contraband (fur, ivory, racist and sexist literature) + the point about sexist and racist literature being contraband is telling: such literature (books, magazines) may not be formally banned, for that would violate the First Amendment, but may still be imported anonymously (smuggled) and distributed as if they were banned (!) for the reason of avoiding the "damage claims" of people who claim they were victimized, assaulted, etc. as a result of the literature! + avoidance of prosecution or damage claims for writing, editing, distributing, or selling "damaging" materials is yet another reason for anonymous systems to emerge: those involved in the process will seek to immunize themselves from the various tort claims that are clogging the courts - producers, distributors, directors, writers, and even actors of x-rated or otherwise "unacceptable" material may have to have the protection of anonymous systems - imagine fiber optics and the proliferation of videos and talk shows....bluenoses and prosecutors will use "forum shopping" to block access, to prosecute the producers, etc. + Third World countries may declare "national sovereignty over genetic resources" and thus block the free export and use of plant- and animal-derived drugs and other products - even when only a single plant is taken - royalties, taxes, fees, licenses to be paid to local gene banks - these gene banks would be the only ones allowed to do genetic cataloguing - the problem is of course one of enforcement + technology, programs - scenario: many useful programs are priced for corporations (as with hotel rooms, airline tickets, etc.), and price-sensitive consumers will not pay $800 for a program they'll use occasionally to grind out term papers and church newsletters + Scenario: Anonymous organ donor banks + e.g., a way to "market" rare blood types, or whatever, without exposing one's self to forced donation or other sanctions - "forced donation" involves the lawsuits filed by the potential recipient - at the time of offer, at least...what happens when the deal is consummated is another domain - and a way to avoid the growing number of government stings + the abortion and women's rights underground...a hopeful ally (amidst the generally antiliberty women's movement) - RU-486, underground abortion clinics (because many clinics have been firebombed, boycotted out of existence, cut off from services and supplies) + Illegal aliens and immigration - "The Boxer Barrier" used to seal barriers...Barbara Boxer wants the military and national guard to control illegal immigration, so it would be poetic justice indeed if this program has her name on it 16.13.6. Organized Crime and Cryptoanarchy + How and Why + wherever money is to be made, some in the underworld will naturally take an interest - loan sharking, numbers games, etc. + they may get involved in the setup of underground banks, using CA protocols - shell games, anonymity - such Mafia involvement in an underground monetary system could really spread the techniques + but then both sides may be lobbying with the Mafia - the CA advocates make a deal with the devil - and the government wants the Mob to help eradicate the methods + Specific Programs + False Identities - in the computerized world of the 90s, even the Mob (who usually avoid credit cards, social security numbers, etc.) will have to deal with how easily their movements can be traced + so the Mob will involve itself in false IDs - as mentioned by Koontz - Money Laundering, naturally + but some in the government see some major freelance opportunities in CA and begin to use it (this undermines the control of CA and actually spreads it, because the government is working at cross purposes) - analogous to the way the government's use of drug trade systems spread the techniques 16.13.7. "Digital Escrow" accounts for mutually suspicious parties, especially in illegal transactions - drug deals, information brokering, inside information, etc. + But why will the escrow entity be trusted? + reputations - their business is being a reliable escrow holder, not it destroying their reputation for a bribe or a threat + anonymity means the escrow company won't know who it's "burning," should it try to do so - they never know when they themselves are being tested by some service - and potential bribers will not know who to contact, although mail could be addressed to the escrow company easily enough 16.13.8. Private companies are often allies of the government with regards to black markets (or grey markets) - they see uncontrolled trade as undercutting their monopoly powers - a way to limit competition
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