Oxpecker Bird 2 Blog: Appearing this week in E-Scrap News (In My Opinion)

Part 2 of the essay on the RERA-is-SEERA-is-AmericaCompetesAct has been picked up by E-Scrap News, "IN MY OPINION" Op-ed.

Here again is the section 30612 in the House Report version.

https://docs.google.com/document/d/1-zuxQILKwou7j8qCo62Bg-XBpxFEXLv9/edit?usp=sharing&ouid=108266863784829595501&rtpof=true&sd=true

It did not make it to the Senate Version, text here.

\\https://www.congress.gov/bill/117th-congress/house-bill/4521/text

Fun fact:  CAER rep quoted in the Pro-30612 section was also, in 2006, selling to the same contract manufacturers I was selling to. I have photos.


This was a factory owned by Rowell Yang of Proview, who was in a much-publicized trademark war with Apple (Mr. Yang, who I met a few times, had trademarked "iPad" in China and Hong Kong).



So when Apple's lobbyist accuses the Chinese contract manufacturer of "counterfeiting", they mean... reuse is bad.

OXPECKER BIRD 1: SEERA Goes Off Like a Forgotten Land Mine in H.R. 4521


My company has long flittered around like a Red Oxpecker Bird, landing on the shoulders of great 

investors in the USA "E-Waste" industry.  We are occasionally recognized, allowed to sing, and hop about conferences looking for parasitic ideas in the ears of our industry. But the worst thing to happen in 20 years may be buried in the text of a major House bill, H.R. 4521. (annotated text link)

(helpful hint, don't open US Congress bill in Chrome, use MS Edge, there's a Chrome bug)



Here is the 2009 Version HR 2791 (don't try in Chrome)  H.R.2791 - 113th Congress (2013-2014): Responsible Electronics Recycling Act | Congress.gov | Library of Congress


Here is the 2016 Version  HR3559 (don't try in Chrome) 

Text - H.R.3559 - 116th Congress (2019-2020): Secure E-Waste Export and Recycling Act | Congress.gov | Library of Congress

And Here is the current Recycled Version, which finally made it out of the House of Representatives.

H.R.4521 - 117th Congress (2021-2022): America COMPETES Act of 2022 | Congress.gov | Library of Congress

Notice the 2022 bill, which passed the House, is buried inside the language of a much longer bill. This was not able, in 13 years, to survive on its own. This is Jedi Lobbyist, not NGO. No Senate member has heard any testimony This is an unmarked land mine.

Because the USA has strong OEM warranty laws (Magnusson Moss Warranty Act of 1975), OEMs have for years used more copper, stronger materials, and extra testing. Our electronics, internationally speaking, have "bullet-proof" reputaton. USA Home-Used is a stronger brand in Ghana or Cameroon than brand new from China. The USA has no competition in used goods. Our used goods are sought out, "solid state", it's a unique advantage USA consumers have if they want to sell their used goods abroad.

"America Competes Act" should recognize that simply by DEMANDING a #Right To Repair, we are bolstering our competitive position in the secondhand goods market.

This may take a few blogs but for the Swordfish Readers who follow the history and origins of these anti-reuse, anti-repair, anti-DIY, anti-#RightToRepair, Pro-Obsolescence, greedy mess makers behind this bill, some history boxes need to be checked.

The "short answer" to the Senate reconciliation or Conference Committee is why allow this RERA, SEERA, 13 year old land mine to enter the Senate version of the bill without ever a discussion or debate? Why does the self-same restrictive language supported by #ProvenFalse 80% bad export claims, #ProvenFalse bad for USA recyclers claims, suddenly get branded as a "national security" concern? The argument seems to be that if TV parts are allowed to be exported, that they might wind up as a reuse chip embedded in a US soldier's walkie-talkie. This absurdity is why the language of the bill, which has barely changed even as it's justifications could fail a high school creative writing class, is suddenly buried 13 years later, like a forgotten land mine.

It's the Anti-Reuse-Terminator 13. I'm 60 years old now, and it keeps reaching out and grabbing me like an unfriendly anti-Iron-Giant (classic animated movie about fear used to justify violence, and the potential for self-repair is the silver lining as the destroyed robot's screws, chips and pieces are seen to reassemble the friendly giant at the closing credits).

Einstein's Amygdala Part Four: "None of this is on the Front Page"

From our care-giving, nurturing, fear-projecting feelings - as kids have for baby rabbits.

To Rule-making - as regulators do, to make us feel like it won't happen again.

To Manipulating - Insiders using the rule-making to hobble competitors.

The people with money know how to rub our amygdalas, and we purr like cats. What we value could be the cat, could be the baby bunnies, might be the childrens' reaction to kitties and bunnies. What we need to do is realize how much is at risk in the looming great extinction.

As Twitter climate philosopher & cat-shoulder-perching specialist Ben See @ClimateBen puts it

Remember:

1. The oceans are being killed.

2. Forests will soon be gone.

3. Fertile soil is disappearing.

4. Megafauna risk extermination.

5. Insects are vanishing.

6. Climate chaos is inevitable.

7. Extinction is now.

8. Plastic is in our blood.

None of this is front page news.

Ben See's point is that what SHOULD BE front page news is NOT being covered on the front page.

What does make it to the front page is seldom-enough related to environmental protection. When we do get the attention of reader amygdalas, the story is often "gotcha'. Pollution regulation and enforcement is priotized to real estate value, and increasingly used to shore up stockholder value. (I re-read upon Keynes vs Friedman over the weekend, suffice to say both mens' concentric circles of caring gravitate towards living humans rather than those yet to be born)

In Einstein's Amygdala Part 3, the ways for-profit businesses manipulate Regulations to the detriment of competitors was portrayed as a way to massage the fear instincts which our brains have developed over hundreds of thousands of years of evolution. As noted in Part 1, the list of things that might kill us was exponentially longer a mere 500 years ago, but our brains remain as hair-triggered as when we were running away from tigers, lions and bears.

Today in Part 4, I'm looking at how the finite potential we have to focus our attention is being squandered by the masturbating NGOs like Basel Action Network, those who produce ads and policies and laws and rules and outrage off of #POVERTYPORN and #POLLUTIONPORN that has ZERO association with the causes they attribute the Earth's real problems to. THIS IS A COMPLETE AND UTTER WASTE OF A FINITE AMOUNT OF ENVIRONMENTALISTS TIME AND ENERGY. AS MUCH AS I AM FOCUSED WITH ALL MY SOUL UPON MAKING THE PLANET LOVABLE FOR ALL OF OUR GRANDKIDS, I'M GUT PUNCHED BY THE CALLOUS, GREEDY WAY THAT SNAKE OIL SALESMEN ARE TRIGGERING OUR CARING AMYGDALAS WITH ZERO SCIENTIFIC BASIS OR EVEN SCANTEST OF EVIDENCE.

Once again, eye-candy poverty porn non-profit Basel Action Network has a press release this morning (but I'm putting that "below the fold")

Einstein's Amygdala Part 3: The Predatory Business of Labelling Competitors as Predators

To reiterate the below-the-fold conclusion of Part 2:

Today, in most of the world, the highest risks to our health are affluence-related.

Over-eating. Driving cars too fast. Ingesting newly developed drugs. New inventions like handguns. But as compared to the highest risk of death a mere fractional 200 years ago, the biggest risk today is having lived twice as long as the average human 1% of evolution ago. The entire list of these affluence-related risks and outside risks today is a lower risk than faced by 30 year olds, centuries (seconds in evolution relativity) ago.

Einstein's theory of relativity places the fully formed amygdala in a perspective setting, similar to the relative speeds of sounds from trains, speed of light, all the great Einstein thought experiments explaining relativity. 

The press and social media constantly portray business and trade as if it takes place between predatory cats and baby rabbits. And it is natural for humans to give equal weight to every new fear.



Photo by me 2021. Lots of people photograph this cat in San Juan. Some of my
own photos over the years have been flagged by Google as unattributed, fodder for
another blog someday



Einstein's Amygdala Part Two: Creating Popular Regulations

So all of the wild baby rabbits lasted 5 days, seemingly content to feed on pieces of bread soaked in milk and eggs.  Then they got sluggish. Then they suddenly seemed wide awake and active, and we kids were elated. This is what some animals do just before they die. We buried the baby cottontail rabbits in the woods. My mom, raised on a farm, said it was par for the course.

So from a child's perspective, our amygdalas had been yanked around, rewarded and punished, over 5 days falling in love with wild baby rabbits that your mom says probably won't survive the initial cat bite.

Deceased. late, extinguished, Monty Python "no more" baby rabbits is a headline we don't like, so it's easy to write a story... to imagine a reporter covers our dead bunnies, and the press demands a solution.

So what lessons would we expect innocent, naive, emotional children to learn? If they were in charge of regulating cats and rabbits, what rules might the children create which an experienced, educated, creative, thoughtful, highly intelligent person would not? Even though the Einstein does have an amygdala, we imagine that the higher power of intelligence would design a better rule - or not try to design one - rather than let emotional bunny-centric kids rule the roost.

Or what if the Rabbits were Super Intelligent, and could Propose Their Own Rules?

Bugs Bunny Square Dance from Loony Toons "Hillbilly Hare" (set in my home state of Arkansas)