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Cake day: May 8th, 2023

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  • IANAL, but it is an interesting question to consider whether it would be illegal in Australia (if anything, as a test to see if the right laws are on the books to block this kind of thing). The laws are likely different in the US, and it might vary from state to state.

    The Fair Work Act 2009 (Commonwealth), s325 provides that:

    An employer must not directly or indirectly require an employee to spend, or pay to the employer or another person, an amount of the employee’s money or the whole or any part of an amount payable to the employee in relation to the performance of work, if:

    (a) the requirement is unreasonable in the circumstances; and

    (b) for a payment—the payment is directly or indirectly for the benefit of the employer or a party related to the employer.

    I think you could imagine the employer arguing a few lines:

    • The employee is not required to spend, it is only a factor in promotions and not retaining the same role. OP said you can “get in trouble for not using this” - countering this defence perhaps depends on proving what kind of trouble to show it is a requirement. In addition, under s340, employers are not allowed to take an adverse action against an employee for exercising or proposing to exercise a workplace right, and adverse action includes discriminating between and employee and other employees of the employer.
    • That the employee is not required to pay any particular person, they can choose what to buy as long as the select from a prescribed list. However, I think that could be countered by saying this is an indirect requirement to spend, and the “or another person” attaches to the “pay” part, so I don’t think that argument would fly.
    • The the requirement is reasonable - however, that could be countered by arguing the privacy angle, and the fact that this is for personal shopping, far outside the reasonable scope of an employment relationship.
    • That the payment isn’t for the benefit of the employer. I think that could be countered firstly by arguing this is a requirement to spend not pay, and event if it was to pay, it is indirectly for the employer’s benefit since it allows them to attract and retain clients. The way they are pushing it could further prove this.

    So I think it would probably be contrary to s325 of the Fair Work Act in Australia.

    Another angle could be the right to disconnect under s333M of the Fair Work Act:

    An employee may refuse to monitor, read or respond to contact, or attempted contact, from an employer outside of the employee’s working hours unless the refusal is unreasonable.

    If someone has a work and a personal phone, and has the app on the work phone, but refuses to use take the work phone or install an app on their personal phone so they can respond to tracking requests from the employer, then maybe this also fits.

    I also wonder if in Australia this could also be a form of cartel conduct - it is an arrangement of where purchases (other than those the company should legitimately control) are directed centrally under an arrangement by an organisation.

    Under s45AD of the Competition and Consumer Act 2010,

    (1) For the purposes of this Act, a provision of a contract, arrangement or understanding is a cartel provision if: (a) either of the following conditions is satisfied in relation to the provision: (i) the purpose/effect condition set out in subsection (2); (ii) the purpose condition set out in subsection (3); and (b) the competition condition set out in subsection (4) is satisfied in relation to the provision.

    So the purpose condition has several alternatives separated by ‘or’, one of which is:

    (3) The purpose condition is satisfied if the provision has the purpose of directly or indirectly: … (b) allocating between any or all of the parties to the contract, arrangement or understanding: (ii) the persons or classes of persons who have supplied, or who are likely to supply, goods or services to any or all of the parties to the contract, arrangement or understanding; or

    It sounds like there is a solid argument the purpose condition is met - they are allocating where people who are part of the arrangement (employees) shop.

    They’d also need to meet the competition condition for it to be cartel conduct. For this to be met, the arrangement might need to include the clients of the company:

    (4) The competition condition is satisfied if at least 2 of the parties to the contract, arrangement or understanding: (a) are or are likely to be; or (b) but for any contract, arrangement or understanding, would be or would be likely to be; in competition with each other in relation to: … © if paragraph (2)© or (3)(b) applies in relation to a supply, or likely supply, of goods or services—the supply of those goods or services in trade or commerce; or

    So it could be argued that this is a cartel arrangement between the company, its clients, and its employees, and so attract penalties for cartel conduct.


  • Years of carefully curated anti-intellectualism in every bit of media they consume, because facts didn’t suit the wealthy (smoking is bad for you, fossil fuels are destroying the planet, private prisons drive more recidivism are facts that get in the way of someone making lots of money). Those fighting facts that aren’t on their side have embraced a number of other groups with anti-intellectual elements (white supremecists / neo-nazis / anti-woke, religious, anti-vaxxers, natural health advocates) to create alliances of anti-intellectual thought.

    This has driven increasing polarisation in the US; 49% of republicans approved of JFK as president, and 49% of democrats approved of Eisenhower. It went down over time - other party approval was 30% of Carter, 31% of Reagan. There was a break in the pattern (44% for Bush Senior), but back on track to 27% for Clinton, 23% for Bush, 13% for Obama, 7% for Trump (first round), and 6% for Biden. So in other words, Americans are so polarised that they’ll vote for whoever their side puts up, and for one side, being anti-intellectual is actually seen as a strength.

    I think many of the people who started the anti-intellectualism ball rolling on purpose are wealthy neoliberals who believe in laissez-faire free trade as a fundamental value, and so there is a certain aspect of ‘leopards ate my face’ to this leading to the anti-intellectualism extending back to rejection of mainstream economics (even though the neoliberals’ preferred theory is notoriously flawed, Trump’s approach to pulling economic levers is wholesale rejection of all theory rather than replacing it with something less flawed).


  • Traditionally legal tender means that a person / entity has to accept it for the payment of a debt - i.e. they can’t refuse cash and say you didn’t pay them because you didn’t use some other method.

    However, in many retail scenarios there is no debt - there is an exchange of payment for goods, and so the traditional common law legal tender rules do not prevent retailers from refusing that exchange (i.e. customer doesn’t get the goods, retailer doesn’t get the money, the transaction just never happens) on the grounds of payment methods.

    Some places have additional laws on top of legal tender that might require retailers to accept cash.




  • The logic chain of the Netanyahu camp is: Keep Netanyahu out of jail -by-> Keeping him in power -by-> Creating a problem and showing he is solving it -by-> Stirring up regional instability and dragging the US into it -by-> Being belligerent and genociding as hard as possible.

    Now for this to work, they need to maintain conflict while maintaining the support from the US. About 70% of the US identify as some form of Christian… and some significant percentage of them support Israel in their genocide because they believe it will bring the second coming of Jesus. But if the about 20% of Americans who identify as Catholic actually flip to being anti-genocide because their leader advocates for that, that is under threat - it potentially becomes close to a majority who are anti-genocide, and makes ongoing support from the US less likely.


  • changed as quickly as throttling gas turbines

    Nuclear power plants aim to finely balance the reaction between delayed criticality - a very slow exponential increase in the level of radioactivity, and marginal sub-criticality - i.e. a very slow exponential decrease in the level of radioactivity.

    To get faster exponential growth in power output than delayed criticality is physically possible - past delayed criticality is prompt criticality. However, fast exponential growth of radioactive output on time scales so short that machines cannot react is not something you ever want to happen in a civilian nuclear application; only nuclear weapons deliberately go into the prompt critical region, and an explicit aim of nuclear power plant design is to ensure the reaction never goes into the prompt critical region.

    This means that slow exponential changes is the best the technology can do (and why plants need active cooling for a period of time even when shutting down - see Fukushima when their reactors were automatically shutting down due to the detection of an earthquake, but their cooling power infrastructure got flooded while they were decreasing their output).

    I think the most promising future development will be more renewable capacity coupled with better long-distance transmission and batteries (ideally sodium when the tech is ready).


  • Seriously great question at this point. In 2016 it was commonly accepted knowledge that if Putin released a video of Trump getting pissed on by a woman in a Moscow hotel, that would be the end of his political career.

    Since then, he’s been found to be a rapist in court, has attempted to overthrow the government, and has been found guilty of about 3 dozen felonies with more charges pending - which doesn’t matter any way since Trump’s judges have granted him legal immunity to anything he wants to do. And he was just convincingly reelected with his party winning both the House and Senate.

    He is not going to run for president again ever in a free and fair election in accordance with the US constitution; that would require changing the constitution in ways that the Republicans don’t have the numbers for, or at least interpreting the existing constitution in a way that is so contorted I don’t think even the most conservative supreme court judges could support it.

    So in other words, he does not need anything from the American public anymore. He has no reason to care if part of his base opens their eyes to what he really is (at least, as long as at least 1/12th of the public will vote not to convict on any jury - but he can also self-pardon for anything except impeachment).

    I therefore don’t think the kompromat theory holds much water today.

    More likely, the Russians calculate that this is an opportunity to sow division in the US - they’d hope for a civil war as the best case. Supporting Trump, as a divisive president, was a start, but they wouldn’t want too many people happy with Trump either, so they want to make the haters hate him even more than is rational, and the sycophants continue to love him more.

    Of course, the risk for them is that they make Trump want to support Ukraine to a greater extent than the US currently is, instead of the opposite. They probably calculate he is incompetent and nothing much will change for them either way. Trump is certainly installing yes-men who will be loyal to him but likely not the most competent leaders; this is an effective way to disrupt a government, but it is likely that a declining narcissist who has structured things to remove all dissent will not be at all effective in achieving outcomes that require complex strategy and coordinated execution. So I think they probably consider this risk to be acceptable.


  • 54 kg of fentanyl is an insane amount to have all in one place.

    Just to put it in perspective:

    • Assuming the lethal dose (LD50) of fentanyl in humans is similar to in mice (probably a good assumption), it is 7 mg / kg of body weight by injection. Assuming an average body weight of 70 kg, 54 kg is enough to kill 110,204 people.
    • Apparently for opiate tolerant people (e.g. addicts), the therapeutic dose for strong pain relief is 12 μg / h, so in a month, an addict wanting to stay dosed up the whole time might use 8.64 mg total. 54 kg is enough to supply 6.25 million addicts for a month.
    • According to a UNODC estime, in 2023, there were about 60.3 million opioid (including opiate) users worldwide, including prescription drug users. So that one stockpile could supply 1/10th of the world’s opioid users for a month. It almost certainly isn’t for supplying prescription drug users, and many opioid addicts likely try to avoid fentanyl, and there are other competing sources - so 1/10th is a lot.

    I’m not sure why they’d stockpile so much in one place, given they apparently have the capacity to manufacture more - unless they were planning to use it to kill people (see: they also had a weapons cache and explosives) instead of to sell as a drug. Or perhaps the 54 kg is an exaggeration and includes packaging and so on.



  • In the modern sense, I think most people would take the word “democracy” to include universal suffrage - at a minimum, all adults born or granted citizenship there should have the equal right to vote for it to be considered a democracy.

    In practice, Israel has substantial control over the entire region from the Mediterranean Sea to the Jordan River, between Egypt and Lebanon (that is not to say that they should, just the reality) - in the sense that anyone in that area’s lives are significantly controlled by Israeli government decisions, and the Israeli government and military operates over that entire area.

    So the minimum bar for it being a democracy is that adults - including the people with ancestral ties to the area that it controls - get an equal say in the governance. That is clearly not the case, and has not been for quite some time; it not being a democracy is not a recent development (maybe it’s never actually been a true democracy).



  • An exchange of nuclear weapons would be expected to ignite many fires and to spread dust and fallout into the atmosphere - similar to a large scale bush fire, volcanic eruption or a meteorite hit, depending on the size and number of weapons. This would have a chilling and darkening effect on the climate, causing crop failures worldwide. A world-wide nuclear winter effect would impact everyone, not just the parties to the conflict.

    That’s why, for all the posturing and sabre rattling, even the most belligerent states don’t want a nuclear war - it means destruction of all sides, and massive casualties around the world.