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February 26, 2003WhackamoleThe notion of charging sales taxes on all online purchases keeps coming up, and I've been asked to take another whack at it. Okay. First, the latest news: Tennessee is getting ready to tax online purchases. You can read about it in the Memphis Commercial Appeal or The Tennessean, or the Knoxville News Sentinel. Take your pick. They all repeat the same pro-tax spin, and provide less background and depth that you deserve. I'll just demolish one excerpt from The Tennessean: University of Tennessee economist Bill Fox told the committee the existing tax setup is costing the state $600 million in lost revenue. Ownership of computers and access to the Internet are both highly correlated to income, Fox said. About 85% of people making $75,000 or more a year have access to the Internet, while only about 25% of those making $20,000 a year or less have such access, he said.Absurd on two counts. First, last year, Fox said the state was losing $300 million in sales tax revenue because of ecommerce. Now, all of the sudden, the figure for this year is $600 million. Does anyone really believe online shopping doubled in Tennessee in the last year? It hasn't doubled anywhere. In fact, online shopping remains a tiny fraction of total retail - it's growing fast, but is still only 1.6 percent of the pie. Taxing it will bring in very little revenue. Second, Fox's argument about fairness is silly. Years of government subsidies and spending have put Internet-connected PCs in virtually every school and library across Tennessee. And more and more workers have access the the Internet at work - which is why online shopping sites see some of their biggest traffic during the typical lunch hour. If you're a Tennessean with money to spend, you can get on the Internet. And if you don't have money to spend, well, the state wasn't getting much sales tax revenue from you anyway, so it hardly matters whether you can get online to shop or not. I don't have time to deal with all of this foolishness for the 43rd time. Just read my previous posts here, here, here, here, and here. Happy reading. UPDATE: Taxing ecommerce purchases by the jurisdiction of the seller, rather than the buyer, would not run afoul of the Commerce Clause, is much more feasible from a practical standpoint, and would be fair because the seller would be collecting tax for the state in which the seller exists and puts demands on tax-funded services. But it would create an environment in which states would race to lower taxes on online shopping, in order to attact those businesses to locate in their state and employ their people. As such, it would not be as big a revenue producer for the states - and would cost some states jobs as dot-com retailers moved to states with zero taxes on ecommerce - and that's why the states don't like it. I wrote about that a long time ago. In fact, it was the second thing I ever posted on this blog, back on Nov. 30, 2001, the first day I published on this site. Here is the direct link. And here is an excerpt of the piece, which comments on a paper written by Aaron Lukas, trade analyst at the Cato Institute's Center for Trade Policy Studies: Lukas's essay says that even though e-commerce is a tiny component of consumer spending, "its mere existence serves to inhibit excessive taxation" because politicians "fear that if they raise tax rates too much, consumers can take advantage of low tax rates elsewhere," so online shopping free of new sales taxes will encourage state and local governments to keep overall tax rates at a more reasonable level. As Lukas points out, the states want sellers to collect online sales taxes based on the location of the buyer, which is the reverse of the way things are in the offline world, where sales taxes are collected for the jurisdiction in which the seller is located - in other words, where the sale originates.The rest of it is good, too.
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February 25, 2003Taxpayers Bill of Rights Legislation Filed in TennesseeTwo pieces of legislation related to TELs and establishment of a real Taxpayers Bill of Rights in Tennessee have been filed, including this one sponsored by Sen. Curtis Person and this one sponsored by Sen. Jim Bryson. Of the two, I prefer Bryson's by a slim margin, though passage of either would be good. Person's bill is a call for a constitutional convention to consider a Taxpayers Bill of Rights. Bryson's bill would put a Taxpayers Bill of Rights amendment on the ballot for voters to approve, a la the lottery amendment. Bryson's bill has 10 Senate co-sponsors. Person's has eight. Either piece of legislation would need 17 votes to pass the state senate. A companion bill must also pass the state House. As of now, Bryson's bill appears not to have a companion bill filed in the House, although it was only filed 12 days ago. My correspondent down at the state legislature informs me that neither bill is moving without a strong show of grassroots support. I suggest you read both bills, read my white paper on the Taxpayers Bill of Rights, and then call your legislators and your local taxpayer-friendly radio talk show hosts, and write letters to the editor, and help get the ball rolling. And ask your local newspaper why they haven't covered this news.
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Tax and Spending Limits Also Limit DeficitsSome states are facing less dire fiscal crises then others. Michael New explains why... During the economic expansion of the late 1990s, many states behaved as if their coffers would remain perpetually flush with revenue. However, that spending surge, coupled with the economic slowdown, has resulted in budgetary shortfalls across the nation. It should be noted that the fiscal situation is better in states that were able to limit budgetary growth. However, the question remains, why were some states more disciplined than others? The lessons have little to do with partisanship and more to do with the amount of fiscal discipline that was imposed on state legislators. New believes that, in many states, "the current fiscal crisis provides advocates of limited government with a unique opportunity." Because many states may turn to unpopular tax increases to balance budgets, "voters might be especially receptive to the idea of tax and spending limitations," he says. I think that's about right - even for Tennessee, where our current governor is avoiding tax increases and using spending cuts to balance the budget. But Tennesseans are still saddled with last year's tax increase, which will cost them more than $1 billion a year every year. And the new administration's effective use of spending reductions to balance the budget is merely proving to Tennesseans that, had the prior governor done the same thing for the past four years, last year's tax increase would have been unnecessary. And, the fact is, had the weak TEL in Tennessee's constitution been adhered to over the past 20 years, Tennessee today would have a multi-billion-dollar revenue surplus. For more on that, see my "white paper" on the Taxpayers Bill of Rights, available by clicking here. Also, here's another article by Michael New on TELs.
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Corruption in the Capital?It looks unethical and you'd think it is criminal, but state Sen. Jerry Cooper apparently broke no laws when he abused his position of power to put hundreds of thousands of dollars in his pocket at taxpayers' expense. Cooper should resign. He won't.
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Are Weblogs Journalism?Yes, says Dave Winer, a fellow at Harvard's Berkman Center for the Internet and Society, and publisher of Scripting News, a weblog about online publishing. Web logs are journalism. Have they had a big impact? Absolutely. When a big story hits, I don 't necessarily trust the professional journalists to tell me what's going on. If I can get the Web logs from the people who were actually involved, I'll take that. A really remarkable thing came out from the BBC, where they asked amateur photographers to send them pictures. So they're jumping onto the trend that's going to grow and grow and grow. With the Columbia disaster, where did the pictures come from? Not from professional journalists. The typical news article consists of quotes from interviews and a little bit of connective stuff and some facts, or whatever. Mostly it's quotes from people. If I can get the quotes with no middleman in between - what exactly did CNN add to all the pictures? Maybe they earned their salaries a little bit, but web logs have become journalism, and it's much richer. Journalism is a high calling, but it's really no more than points of view on what's taking place. I think the pros are going to use this tech, and they are doing it more and more. Freelance journalist Glenn Fleishman has some thoughts on the question. So does journalist and blogger Jeff Walsh. Also, the topic comes up from time to time at Corante.com's blog on blogging. For more on this, read yesterday's post, On Journalism.
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February 24, 2003He Needs Killin'Who cares if Osama bin Laden is still alive, says Greg Buete. The top dangerous man in al Qaeda is Khalid Shaikh Mohammed: In addition to Sept. 11, Mohammed helped plan the 1996 bombing of a U.S. military facility in Saudi Arabia, the 1998 African embassy bombings, the April 2002 Tunisian synagogue blast, and the recent bombing of a Bali nightclub that killed 200 people. He is believed to have 60 aliases and scores of passports. And, of course, Mohammed personally trained three of the four pilots for Sept. 11 - the Hamburg cell - and controlled the operation's funding.As they used to say in the old west, some folks just need killin'. Economic Health DebateSo, SKB thinks there's a housing bubble. Funny, because Alan Greenspan doesn’t. Many economists see healthy demand and rising incomes underpinning the housing boom, and reject predictions of a housing bubble on the national level. Federal Reserve Chairman Alan Greenspan said last week in congressional testimony that housing construction is in balance with demand. "We're effectively not building up a glut of excess housing," he said.Relax, SKB, I didn't say the economy was great. I merely pointed to an article which points out that, by many measures, it is in better shape than some past economies we considered at the time to be "boom" economies. Of course, not everyone is doing great. The old joke is true: What's the difference between a recession and a depression? A recession is when your neighbor loses his job. A depression is when you lose yours. My take on the economy is it is not as bad as portrayed by some, but needs improvement. But mostly what it needs is for people to stop whining and stop worrying. I see reports that business is "worried" about war with Iraq. Why? Their troops are no match for ours, and the people of Iraq or widely reported as secretly ready to welcome the U.S. as liberators. There is no quagmire ahead. If I was a businessman, I'd be worried if we don't go to war and remove Saddam Hussein from power - worried that he'll soon give the makings of a dirty bomb to his friends in al Qaeda, and the resulting death in New York or Baltimore or DC would make the post-September 11 economic slide look like irrational exuberance.
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On JournalismWhat makes a journalist? Donald Sensing explores that question in this worthwhile piece of commentary today, in response to an exchange between Sensing and two Nashville radio hosts over weblogging and journalistic "accountability." I wholeheartedly agree with every word Rev. Sensing writes. Here's a few of them: Karlen was very bothered that (heaven forfend!) non-journalists are able to go onto the internet and write whatever they want to with no accountability! Please pass the smelling salts, I might faint. Personally, I remember this thing called the First Amendment, which I don't think applies only to journalists. When other people exercise it, it doesn't offend me.Sensing also explores the toothless "code of ethics" of the Society of Professional Journalists, and links to a Matt Welch column commenting on how some mainstream media are catering almost exclusively to the well-to-do in search of advertising dollars, skewing their news coverage in order to achieve reader demographics that attract high-dollar advertisers. Funny he should mention it. Today's New York Times has a story today on changes in the wind at CNN: No one expects "Connie Chung Tonight" to be canceled or to change much any time soon. But executives say they are not dismissing questions about its future. Ms. Chung's predicament symbolizes a shift, even in the last month, in the network's thinking about its direction in a cable news world dominated by Fox News Channel, which is owned by the News Corporation. Generally, executives are coming to accept, if reluctantly, CNN's status as the No. 2 channel and are focusing on how to attract educated, more affluent viewers who attract premium advertisers.As for the issue of journalistic accountability and weblogging Sensing talks about, I've been on the same radio show he describes about eight times - maybe more - in recent years, including several times since the launch of this blog more than a year ago, and it has always been clear to me that the hosts don't "get" blogging. And last week, another guest brought up weblogs and not only did the hosts not seem to be clued in, a different guest - who had spent several years as a "media critic" writing for two Nashville newspapers - admitted he'd heard of the world's most popular weblog, InstaPundit, but had never read it. He, likewise, was clueless about blogs. (You can hear that discussion by listening to the archived show. If I recall correctly, it happens near the end of the first hour of the show.) It's not surprising they don't get it. Most mainstream journalists don't - and I say that as one who holds a journalism degree, and has spent more than 15 years doing journalism in various forms - newspapers, magazines and online. We're still early in this journalistic revolution, folks. You can't expect most radio, TV or print journalists who have spent their entire career learning, doing and perfecting top-down journalism to grasp the nature of the new grassroots journalism. Even a radio show like the one Sensing was on doesn't feature the voices of the common man - just an endless parade of elites from politics, business, government and religion. Weblogs provide a journalistic outlet for anyone. Don't like what you read in The Daily Fishwrapper or heard on the local radio talkathon? Start a blog and say so, then email the link to some well-trafficked blogs and hope someone refers traffic to you. Soon, you might be talking to a thousand people. Or 100,000. This naturally scares the bejeebers out of the "professionals" who like being in control of the "free flow" of ideas. I practice the craft of journalism on a daily basis, in a variety of forms. Ever since November 2001, I've spent a lot of time learning and doing weblog-based journalism. I started this blog Nov. 30, 2001, as a companion to a weekly newspaper column I wrote for a small start-up traditional daily . The idea was to provide readers of that column with an online page of links to source material related to my columns, but it soon evolved into much more. I stopped writing the column almost a year ago. Today, the blog generates far more reader reaction and comment than the newspaper column ever did. I've had guest columns published in major newspapers - The Tennessean, and the Memphis Commercial-Appeal, with circulations well above 100,000, yet it is the weblog, not those columns, which have generated the most emails. No media tool allows for more accountability and more-rapid correcting of error than weblogs. None. And blog articles - which, incidentally, tend to be commentary rather than straight news - are often better referenced than anything you'll read in your local daily. Bloggers won't just tell you what they think about something - they'll provide you links to the relevant source materials, and even links to other blogs that take a different point of view. Rev. Sensing quotes the SPJ "Code of Ethics" in its entirety - and links to it. What are the chances he would deliberately misquote it? Zero. He linked to it - you can read it for yourself. The Internet makes it easy to fact-check bloggers - which creates more pressure on bloggers to get their facts right. Blogs most certainly correct errors faster than radio shows. Think about it - blogs by their very nature of linking to other blogs and being linked to by other blogs, have a form of built-in peer review. If Sensing's essay today stated something as a "fact" which was not, he'll be corrected on another blog. And he’ll probably note the correction on his site – or link to it. Good bloggers tend to point to other blogs that DISAGREE with them on some fact or analysis. There's a degree of openness to the exchange of ideas that enhances both the depth of the information and its credibility. Compare that to a radio show - even a high-minded two-hour radio show dedicated to discussion of public issues. Once that radio show is in the can, it's permanent and unchangeable. Radio shows enshrine their errors and lack of knowledge forever on tape. Sure, sometimes a caller calls in and corrects an error, but not all callers get on the air, and not all errors are corrected. And on the show Sensing describes, they don't take calls - only emails and faxes, and then only some of those. I listen to the show almost every day and not a day goes by in which the show ends with some factual error made by a host or guest left uncorrected. That's not criticism - humans are imperfect beings, errors happen, and not all of them get corrected. But I haven't heard radio shows taking call-ins from other radio shows in order to dispute some fact or opinion. Blogs do that, in real-time, with extensive hyperlinks to other articles, documents and source materials they cite. When's the last time you saw a footnote in a newspaper? When's the last time you were listening to talk radio and another talk radio host from a different show called in to correct an error? Never and never. Blogs do both. Now, do as Sensing says: read on.
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February 20, 2003The Future of JournalismYou have probably seen those Sprint commercials that describe the new Sprint cellphones that allow the user to take a digital photo and email it? Now an Irish company has developed software that will allow people to post text, images and sound files to their weblogs via wireless devices and short-message-service email. This is going to change journalism.
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February 18, 2003The Second FrontWhy is North Korea threatening to abandon the truce agreement that ended hostilities in the Korean War? Imagine, if you will, Iraq's Saddam Hussein, North Korea's Kim Jong Il., and China's Jiang Zemin - three unelected dictators who all view the U.S. as an adversary - devising strategy. Farfetched? No. China was North Korea's ally in the Korean War. China rebuilt Iraq's military telecommunications infrastructure after the Gulf War, installing a difficult-to-destroy underground fiber optic network. And Chinese weaponry and even some dead Chinese who fought alongside the Taliban were found in Afghanistan after the battle of Tora Bora. It's not hard to see China as the go-between helping Iraq by encouraging North Korea to ratchet up the nuclear threat, rattle sabers and make a resumption of the Korean War seem almost inevitable. Such posturing serves three strategic purposes. 1. It causes some politicians in the West - both in the U.S. and Europe - to suggest that focusing on Iraq is misguided and the North Korea is the real threat, leading to a weakened diplomatic response and the ongoing inability of the U.N. to put a little backbone into its resolutions. 2. It causes the always weak-kneed French - who have a veto on the U.N. Security Council - to become even more spineless. 3. It presents the U.S. president and the U.S. military with the need to divert some attention and resources away from Iraq in order to deter North Korea.The scary part is, North Korea might not be bluffing. North Korea may well use the moment of a U.S. invasion of Iraq as prime time to invade South Korea, hoping to sweep to a rapid victory and present the U.S. with a fait accompli: North Korean control of the entire Korean peninsula, while U.S. forces have their hands full in Iraq. The U.S. would then have to decide whether it wants to fight a two-front war. And if it does, might North Korea's longtime ally, China, then open a third front with an assault on Taiwan? Michael Ledeen and others have written often about how a U.S. invasion of Iraq may well be met by a counterattack by Hezbollah - which is backed by the regimes in Syria and Iran, the latter of which has close ties to China. In that scenario, Hezbollah would attack Israel and, perhaps, U.S. forces in western Iraq. Iran may get involved too - they've recently tested ballistic missiles they secured from (drum roll please) North Korea. Things may get very dicey very fast. But, then, that' s what you'd expect if you confront the Axis of Evil and its accomplices. The alternative, to do nothing, would simply invite more aggression, more threat, more danger - and a wider, tougher, bloodier war a few years down the road. The world learned that in the 1930s when it allowed Hitler to re-militarize the Rhineland, in violation of treaty agreements. Western Europe could have strangled Hitler in his crib then, but chose instead to accept his promises of peace. The War on Terror is a global battle, we were told not long after Sept. 11. Indeed it is, and we can fight it now. Or later.
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February 17, 2003Online Sales Tax: No Big DealFor years, you've heard that a major factor in Tennessee's budget crisis is the state's inability to collect taxes on purchases made over the Internet. Well, now some of the largest retailers in the nation are voluntarily collecting those sales taxes for Tennessee and every other state that has sales taxes. And guess what: it's going to amount to mere pennies, fiscally speaking. Here it is in the New York Times: Analysts say the online sales taxes from the recent new retail converts are likely to yield little more than $30 million in new online sales tax revenue this year — which would not amount to much as it is split up among the nation's 7,500 or so state and local tax jurisdictions.The Times notes, however, that The largest portion of the $51 billion total online sales that Jupiter is forecasting is expected to go to big Internet-only retailers that have shown little inclination to collect sales taxes. Holdouts like Amazon resist collecting sales taxes because they say it would be too burdensome to collect and dispense them on behalf of so many different jurisdictions. And they currently have federal law on their side. The Supreme Court ruled in 1992 that a company selling only online, or through catalogs or by telephone, is not obliged to collect local sales taxes from customers, except in states where the merchants actually have a physical presence, like a warehouse or a call center. In taxation parlance, such physical presences establishes a "nexus" between the retailer and those states.The court ruling was a proper application of the Commerce Clause of the federal constitution, which prohibits states from levying taxes outside their borders. And with e-commerce amounting to less than 5 percent of total retail sales, it is increasingly clear that online sales taxes will not be the budgetary savior that states, ever eager to spend more money, are hoping for. Spending cuts, on the other hand, work every time.
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A TABOR Wildfire?John Hood, president of the John Locke Foundation in North Carolina and publisher of the Carolina Journal, reports that legislators there are introducing some smart proposals to prevent or lessen future budget crises in that state. Sen. Fern Shubert of Union County, newly installed as the Republican Whip in that chamber, filed legislation this week to change the way the governor and legislature fashion North Carolina’s state budget. Given that we are about to head into a fourth-straight year of “unforeseen” budget deficits, it would be hard to argue that the process doesn’t need fixing. In her bill, Shubert is resurrecting the old and praiseworthy idea of ditching revenue forecasting in favor of spending only as much revenue as has already come in the previous year.The Taxpayers Bill of Rights concept is spreading like wildfire. Also, here’s a link to a Locke Foundation report on the real cause of North Carolina’s budget crisis: overspending. Thanks to Ben Cunningham for bringing Hood's article to my attention.
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February 10, 2003BalanceThe Tennessean says anti-war protestors will great President Bush today. No mention in the story of whether the paper bothered to try to determine if Bush will also be greeted by demonstrators in favor of his Iraq policies. Last time the president was here, he was also greated by Iraqi nationals like these:
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February 1, 2003Ignoring Facts, ConstitutionOnline shopping makes up less than 1.5 percent of total retail shopping. It is miniscule. But The Tennessean is hot to have it taxed. Their editorial on the subject is a mishmash of half-truths and shouldn't be taken seriously. For one, the main problem with taxing online sales is the Commerce Clause of the federal constitution, and Congress can't legislate around that. The Commerce Clause forbids states from levying taxes outside their borders. Under that clause, Tennessee may not force a merchant in Kentucky to collect Tennessee's sales tax if the Kentucky merchant does not have a physical presence in the state of Tennessee at the time of the transaction. Online merchants in other states that do not have a warehouse or other physical presence in Tennessee can not be required to collect the Tennessee sales tax when they sell something to a Tennessee resident and ship it to them. (They would have to charge the tax if they delivered the item.) A company that has no physical presence in Tennessee does not charge sales taxes. This is fair - the company puts absolutely zero strain on any Tennessee government-provided service. More later.
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