Tuesday, June 25, 2013

Regulatory Capture and Cognitive Capture

I was familiar with the concept of regulatory capture, the idea that an industry can persuade the government, or another entrusted regulator, to not do their job of regulating. This is usually done through the vast amounts of influence the business carries in the money it generates and it can be practically done through several means including lobbying, financial contributions (legal bribery), bribery (the illegal kind), insider appointment, blackmail, and situational/political leverage. This leads to a very favorable climate for the industry, allowing it to go on doing whatever it was planning on doing without interruption, and over time can even lead to opportunities to push the boundaries of its operations further since it can go on without any real consequences. This creates situations where lobbyists paid by the industry actually write legislation with built in loop holes so both the industry and the politician can come out winners. The industry gets the rules in place, or lack thereof, that it wants while the politician will boost their reputation claiming they are regulating or fixing something with their Swiss cheese legislation. This is the relationship we have in the United States between our corporate world and our politicians. It’s essentially the same relationship as bribery and corruption and it has existed for just about as long as both industry and regulation have. However, I was never acutely aware of the specific term regulatory capture, and I feel better now that I know it and can quickly refer to the concept by recalling this term.

There is a related term called cognitive capture, which I recently came across and it describes quite well what I’ve been feeling about US society on an even large scale, and really global society as well, for some time but didn’t quite have the vocabulary to say. The term is borrowed from the psychological condition where the mind cannot perceive even important things in its field of senses because it is too distracted with other things in that field. In its borrowed definition is means that nearly everyone who is connected to society is too mesmerized by the modern capitalist world, and in some sense bribed by it, that they can’t see the injustice and plutocracy of it. And even worse, the mind can’t realize the distractions are systematic, intentional, and yes, even logical.

Capture of both varieties is a logical step for a capitalist after they have started a business and made some money. For example, a known and completely legal business strategy for an established company with money when it is challenged by a competitor is the buyout. Just pay your competition to join your team. The competition is happy because they get a big payday (and they do all have a price), and you’re happy because you no longer have the threat to your business. My favorite real world example of the buyout is Facebook’s 2012 purchase of Instagram for a billion dollars. Instagram says “Sure! That’s a huge amount of money. We’re not worth a third of that!” And Facebook doesn’t have to worry about traffic leaving their network when users wish to quickly post their photos on the internet or spend more costs developing a better photo platform.

Now if a business is worried that some branch of the government no longer likes what it is doing, maybe the business is causing too much pollution or have unethical practices which squeeze money out of customers. Is there any reason why the businessman wouldn’t simply try to ‘buyout’ the government? Obviously you can’t just write a check to The United States of America and expect it to begin working for you. It takes a little more tact, but the result is the same. I don’t think it evolved one person at a with planted moles secretly working for the other side, since business and politics have been mixed long beyond any present day lifetimes. But once so many have crossed over and the industry interests are established within the regulator, it doesn’t really matter anymore, the whole thing is corrupt and anyone who has any clout in the government is at the will of the businesses that supported them getting there.

You can’t really fault the businessman for this approach, he is just doing what a logical businessman would do in that scenario. It’s the smart move, especially if it’s done in a legal way, which surprisingly often it is. If this businessman didn’t do it, there would surely be another waiting in the wings that is willing and would reap the benefits of capturing the regulators. You can fault the politician for being spineless and deceiving the public, but modern politicians are much more like desperate sell-outs than they seem. They appear well-spoken, confident, and passionate about issues and helping people, but rarely do their actions reflect that so I don’t believe their character does either. For every noble person who gets into politics, there is a two-faced one willing to take the money in exchange for the status, and then find themselves in the advantageous position of being well-funded, connected, and powerful. Politicians have been heading this way for generations, so nobody should be surprised by this now.

Now let’s take this capture concept one step further. Say you’re a businessman for a large corporation. There is growing sentiment that the public doesn’t like your business, let’s say because your business essentially holds people hostage and robs them of money but in a legal, financial industry sort of way. And though they don’t really fully understand it because there are many complicated numbers involved, people are starting to become skeptical of your intentions. Wouldn’t you try to run publicity campaigns which might help reshape your image? Wouldn’t you promote good things that you do to give the impression you have good intentions? Wouldn’t it be easier, cheaper, and more effective for these campaigns to do their job if you just ‘buyout’ the media companies or their members to ensure favorable news is reported? Don’t you have marketing people who know how to manipulate people by manipulating their ideas and perceptions? If you’ve already bought politicians, don’t you have enough power to squeeze almost anybody you want? Couldn’t this happen in such a way for a long enough period of time that most people in influential positions in many different industries fall victim or rather, get to their position, because they buy into the same capitalist mindset of trading in real world ethics for money? Media, government, law enforcement, the judicial system, the financial sector, the military, and education sectors all acting like capitalists in their policy and decision making.

The media doesn't tell stories that hold the most truth, that will educate, that have the biggest social impact. They tell us stories that will get the highest ratings and, in turn, make the most money. Schools don't contemplate educating children, they contemplate next year's funding. Politicians don't run for office without the support of corporate donations. When these capitalistic principles spill into places where they shouldn't be, they corrupt everything that sector is supposed to accomplish. This pattern of selling out principles for dollars repeats until systems are either capitalist or dysfunctional. Our idols become anyone who is successful, now defined as anyone with money. Then we start believing that capitalist principles on ethics, which are plainly not address in the parameters of capitalism, are the right ones. We believe that corporate takeovers which reduce competition are good for society because a few will profit from it. We start to idolize the sickeningly wealthy members of Forbes' list and a for-profit prison system as the sterling beauty of the profit motive at work. Individuals and business managers alike become obsessed with profit and forget compassion. Their actions reflect that. It’s like 1984’s thought police, except it’s not coming from a fascist big brother government, it’s coming from the businesses and the wealth holders who have long surpassed and usurped the government’s power.

If believed to be true, this somewhat debunks the conspiracy theories that there is an elite ruling class that have secret meetings where they plot to take over the world, which I always had difficulty imagining the logistics of. Maybe elite people have casual meetings, but it’s not 20 shadowy figures named Koch, Cheney, Rothschild, and Murdoch in a dim room in a remote location with cigars and collective maniacal laughter. It is simpler than that. It’s the result of the system, simply the logical progression of what a wealth holding capitalist should do based on the parameters of capitalism. And making money-based decisions everyday over and over for generations leads to a state where not only everyone who is ever in position to oppose industry is actually supporting industry whether they know it or not, but the trickledown of ideas and the whole zeitgeist changes to reflect industry’s capitalist beliefs. It transitions from corrupting regulators to corrupting society’s psychology. This is cognitive capture and based on everything I’ve seen around the world, and the way money is currently valued much more highly than, well, values, I believe that this is the reality of the world we live in. It at least explains why Republicans exist, why the government is proving less and less capable of making any good decisions for society, why most people are unsatisfied with their job, and why morals and appear mostly abandoned in the corporate world. Money corrupts.

It’s not a conspiracy. The industry mindset just prevails and capitalism spreads. And at the end of the day the morals that society takes on become the same as that of corporations. I think that’s what a lot of people are frustrated with, and I think they need to know that it’s not a conspiracy, but rather a systematic problem that is inherent to capitalism and any other economic system attempted so far.
I don’t have a computer model (I actually don’t have any computer models and scarcely know what one is) that will play out the variables of capitalism to their logical conclusion, and I definitely don’t have something that will do it on such a scale to simulate human society, but if I did, I think cognitive capture would be the logical conclusion every time.

If you are that capitalist, who maybe even once used your ripe capitalist brain to figure this out, are you able to sleep at night? Probably. Nobody that you hang out with really gives a crap about the consequences of those hurt by your actions, the poor and the thoughtful, and you’re so busy staying wealthy that you hardly have time to worry about the impact you have on society. It really is a time consuming thing. You donate some money to your friend’s charities or build a new wing at your Alma matter and name it after yourself every now and then to convince yourself that you’re giving back your fair share. You have your big house, vacation homes, you fly in a private jet. You have a wife and family, and probably a mistress on the side, who all admire you. You’ve bought in as well. And if that doesn’t cut it, there are plenty of other vices that can help you get to sleep. This capitalist structure and the lack of effective opposition leads to situations which grossly benefit the wealthy, and over time as the favorable climate lead to more wealth it all becomes quite concentrated at the very top. So yeah, that’s pretty much the story of how we got here.

Except to say, this scenario of wealth and power concentration has been repeated over and over throughout history. Are we ever going to learn from the past, realize this is the case, and have the wealthy power holders try to work with other classes instead of trying to suppress a cyclical and inevitable uprising? Are we ready to break the cycle and take the next step as a society? Or has the ruling class finally gotten it right this time? Perhaps the powers and systems that capitalism has created (especially including the severe concentration of wealth, a corruption of government and the legal system, control of law enforcement and military, the monitoring of innocent people through internet activity, the suppression of voice through a dysfunctional biased and blind media, the deterioration of public education, and through principles conveyed in almost every facet of our modern decision making) are now so fundamental, and the notion that only those with money have any perceived value is so wide-spread, that we finally have created the ruling class’ ultimate fantasy, a situation where an uprising is not possible.

7 comments:

  1. "The industry gets the rules in place, or lack thereof, that it wants while the politician will boost their reputation claiming they are regulating or fixing something with their Swiss cheese legislation. This is the relationship we have in the United States between our corporate world and our politicians"

    Do you have any data to back up this premise? Everything I've seen is that it doesn't work this way. At best an industry can try and influence a politician or two and they get balanced out by lobbyists on the other side. This article has a few good links on the subject:
    http://www.economist.com/blogs/democracyinamerica/2012/03/fixing-democracy/print


    Your paragraph about Facebook's purchase of Instagram does not seem relevant. It looks like it was meant to demonstrate regulatory and/or cognitive capture but it doesn't appear to demonstrate either. It only demonstrates that you don't think FBs buy was worth the money (which is a pretty speculative and questionable claim). I assume you meant to imply that it was anti-competitive behavior that might cause regulators to take a look, but you didn't state that anywhere so I'm not sure.

    The next paragraph re-states the same premise from the first paragraph.

    "For every noble person who gets into politics, there is a two-faced one willing to take the money in exchange for the status"

    This is a very cynical view and requires more backing. Considering so many of them were rich to begin with, I'm not sure it even makes sense.


    Your next paragraph is about the malicious businessman and how this is a systemic problem, but you're assuming that businessman has way way way more power than he actually has. All of those things he's trying to influence have other people trying to influence them too and in the opposite direction (thank god we have freedom of speech). At best you can get some of the media to manipulate some subset of the population, but thanks to freedom of speech and the internet, it's getting harder and harder to lie to people over time, at least for extended periods of time. As an aside, this is why protecting freedom of speech and privacy on the internet is extremely important.


    I agree with you that our problems are largely systemic rather than conspiratorial, but there's a lot more influencing people's lives than the media and your cynicism about the decline of society is unwarranted. It's possible we'll see the end of poverty in our lifetime, violence and disease are on the decline virtually worldwide, the US and other rich governments have a liberal social trend over the long term. There's no evidence whatsoever that this generation is any less moral or valuable than the last unless you were in the priviledged group of the last generation and you lost some of those priviledges.

    The cognitive capture your talking about only happens to the extent that capitalism and democracy have been so incredibly successful at making us stupid, fat, and happy that we can bitch and moan about things instead of farming the land from dusk til dawn.

    Thankfully, we live in a democracy and the system has a way of correcting itself over time. So far, the system looks pretty stable. We've only had one civil war and that was 150 years ago.

    Do you have another economic system in mind? A capitalist system is one in which the country's trade and industry are controlled by private owners for profit. Every other system instead places those powers in the hands of a smaller ruling elite. Capitalism + democracy at least gets you somewhere close to meritocracy. It's worth noting that capitalism does not imply a lack of regulation or a purely free market.

    To put it bluntly, this anti-capitalist tirade is a bunch of hooey. It ignores reality in favor of theory based on faulty premises.

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    1. Alan - While I agree some corners are being cut in this post, remember it's a blog-post, not a scholarly, peer-reviewed article.

      Secondly - "At best an industry can try and influence a politician or two and they get balanced out by lobbyists on the other side."

      Your assumption that 'everything balances itself out' is as much hooey as the post you are trying to debunk. With respect to some fields of policy this may be true, but consider those areas where you don't have industries competing for the politician's favour, but have a money-making industry on one hand and on the other, public interest (public interest groups, non-profit organizations, ...). There is no balance there whatsoever.

      Example: In 1998 in the U.S. the Copyright Term Extension Act was passed. Who could gain anything at all from this horrible piece of legislation? Only those few companies who hold the handful of copyrighted material that still retained significant value after 70+ years. It is common knowledge that these companies made the maximum allowed contributions to MP's to back the Bill. On the other side you had a handful of public interest advocates, backed up by a number of legal scholars. How much money do you think they spent on lobbying? I challenge you to find a single piece of legislation in the area of copyright protection that goes against the interests of the creative arts industries.

      To add to that, even where one industry finds itself potentially clashing with another industry, one can always try to align their interests before they clash. This is what happened with the creative arts industries and internet service providers. While the latter were rapidly growing and gaining influence, rather than waiting for conflicting interests to arise, parliament was lobbied to enact another piece of legislation.

      The Digital Millennium Copyright Act grants immunity for ISP's from copyright infringement liability IF they comply with a number of requirements which aid the copyright-holders in identifying infringers and taking down content.

      These are just the most obvious examples that 'balancing' happens less often than you think. Your claim to this end is wishful thinking and 'ignores reality in favor of theory based on faulty premises' (i.e. the premise that for each private interest there is a competing private interest with the same means).

      Your thesis that 'the system has a way of correcting itself over time' is vague and your argument of having had only one civil war 150 years ago is blatantly irrelevant, as if civil war is the only indicator of a fault-ridden economic system. Better indicators (for example) would be the amount of financial downturns in the past 100 years, the wealth-spread of a population, the percentage of people living in poverty,...

      Nonetheless, I do agree that there just is no better system.

      P.S.: there is no D in privilege.

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    2. Alan, thanks for the critique. I’ll respectfully disagree on a few of your points starting with the premise that there is always another side with lobbyists who will ensure it’s a balanced fair discussion echoing some things Joris brought up. I’ll link this article http://www.washingtonpost.com/blogs/wonkblog/post/corporate-lobbying-is-a-very-exclusive-club/2011/11/08/gIQAPLln0M_blog.html It certainly doesn’t account for trade groups and the like, but it definitely doesn’t indicate there is any sort of balance. I would also wonder who exactly is the other side in many issues, gun control for example. Is there a well-funded group that has made lots of money from not selling guns than can wield the same influence as the NRA? According to this there isn’t http://www.policymic.com/articles/20836/nra-spends-10x-more-on-lobbying-than-gun-control-groups I know it might be a more extreme example, but maybe it isn’t, maybe there are much more extreme examples like banking and finance.

      I agree with your linked article’s premise that the issue isn’t always money, often it’s relationship based. But that’s part of it and one of the ways I mention capture occurs is by insider appointment. Henry Paulson is the first person to come to mind. He worked for Nixon way back when, then for Goldman Sachs till he became its CEO, then was appointed to Secretary of the Treasury by Bush II and he had to sell his $500 million in GS stocks to avoid a conflict of interest. But just because he cut direct financial ties with GS, does that mean he cut all of them? Surely he is likely still friends with many there. How will his policy and decisions be toward GS, favorable? Paulson might be a good ethical hard-working guy, and some would say a very knowledgeable person to go work in the Treasury. I would say his appointment is a conflict of interest and who better to know how to manipulate the system. That is a very cynical view obviously, but I feel capitalist tend to use whatever leverage they have to make more profit so I definitely wouldn’t rule it out.

      My point about Instagram was to say that established businesses when threatened can sometimes resort to buying out the competition. If regulation poses a threat, why wouldn’t they try more or less the same thing in that situation?

      Political candidates taking the money isn’t about becoming rich, it’s campaign contributions that can’t be pocketed. Taking the money represents selling out principles and the voice of the people in your electorate so that you can finance a winning campaign to get the office you want.

      I agree completely with freedom of speech. But I think the transparency of everything that goes on just isn’t there and enough people don’t know to adequately draw their own conclusions. The influence that a businessman has doesn’t just happen overnight. But many of our biggest corporations have been around for decades and have lobbyists for almost as long. Eventually you can get enough loyal people on the inside to do what you want.

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    3. I’m cynical because with the wealth and systems we have today poverty could and should be eliminated in the next 10 years, but currently it’s only as you say possible in our lifetime. I’m not making any generational argument here but we could be doing better. I think that is the hope with my mindset and articles that we get better instead of being content with ‘better than any other system.’

      The article is a criticism of capitalism but it isn’t anti-capitalist. Our system is both capitalist and democratic. And sometimes the two come into conflict. In those cases I believe that democracy should win over, the will of the people should be more highly valued than the will of the dollar. But if left unchecked, it is a natural disposition of capitalism to try to undermine democracy, capture its regulatory bodies, rending the will of the people without an ability to enact that will. Back to the gun control issue, if democracy were functioning properly then why couldn’t congress pass even modest gun control measure despite +80% of whatever the figure was of the people wanting it? That makes me believe that the elected government is not acting on behalf of the people and is instead acting on behalf of the money and that the interests of the politicians has been captured by capitalism away from the people they are supposed to represent. This isn't a Democrats vs Republicans issue, it's capitalism vs democracy.

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  2. Ok, I don't want to get side tracked into a debate about why gun control did or didn't pass, there's lots of articles out there on that already. Plenty of them argue convincingly that it wasn't the NRA that stopped gun control being passed. My favorite is that the reason nothing passed is that there wasn't ever really any agreement on what change should have been made, and the proposal was to re-implement some previously failed legislation, so of course it failed.

    Re: Paulson. Agreed, it might be a conflict of interest. But who wouldn't have a conflict of interest and could actually do the job? I'm not saying he's the best guy, but just because he has friends in the industry shouldn't disqualify him for the job. He should be carefully monitored of course.

    I don't think leveraging assets to increase power is restricted to capitalists, but I can't disagree that anyone with power will do their best to cement their power, be it through money or connections or religion or inciting the mob, and that all these things are anti-democratic. I'm not saying I'm content with the system that we have either. I'm saying that framing the debate about the problems in our system as capitalism vs democracy misses the mark on what's actually going wrong. It's an old red herring and just ends up in arguments around class warfare. Instead we should focus on the systemic and mathematically flawed systems we have in place for electing representatives. Problems like gerrymandering, winner-take-all elections, and first past the post voting all do much more to harm the idea of "one man, one vote" than capitalism, and are also much more tractable problems with implementable solutions that don't risk infringing on anyone's right to free speech or any other freedom.

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    1. Fair enough, the legislative example perhaps wasn’t the best, but the funding disparity remains a current obvious example of how two sides of a discussion are not equally represented when it comes to the lobbying and legislative process and how that power can drown out the voice of the people. Those with more money can simply do it to a greater degree and that magnitude will be felt in the policies and legislative votes of politicians. The US does have some of the loosest gun laws anywhere in the world. Some of the responsibility for that comes from the 2nd amendment and its (mis)interpretation, but I don’t think the impact that the NRA does have, and it’s significantly weaker opposing lobby groups, can be ignored like it seems you’re trying to do.

      I think it is a distraction to say that leveraging assets isn’t restricted to capitalists, because it does not defend the point that it is inclusive of capitalists, which I think it would be naïve to say otherwise. I only wish to discuss capitalism because its merits are what I find conflicting and thus interesting. Capitalists are meant to behave in their own self interests. That inherently, within the rules of pure unregulated capitalism, will result in a concentration of wealth amongst a few. Democracy is supposed to provide a check on the power of capitalism, to regulate it in a way that it does not suppress the voice of the people and instead. Yet, when capitalism is not regulated.

      You propose, not necessarily here but in other discussions as well, that is it the bureaucratic government behaviour which renders it ineffective a la Reagan’s “government is the problem” mantra, but I propose that many capitalistic bodies in an attempt to further their own interests sabotage the ability of a government to legislate and regulate effectively in the interests of the people, which I personally feel is a greater problem than the election issues you propose. It also creates an anti-government sentiment which I think you hold, because of an apparent government ineptitude.

      I think your ideas about some fault lying within election processes are very accurate and these are terrible anti-democratic systems. I have mentioned specifically voting and vote counting on this blog before http://wellthoughtoutwords.blogspot.com.au/2011/09/first-step-toward-fixing-broken.html . But I think you ignore the effect of campaign contributions which I feel represents a capitalist raid on democracy. You ignore the ways this elects representatives who will ally with wealthy donors, be they rich individuals or corporations, and largely ignoring the will of the majority. You ignore the ways in which capitalism will attempt to exploit vulnerabilities in government aside from election laws. And you ignore the role in which the concentration of wealth, a by-product of capitalism, makes this dangerously easier.

      My original post was to discuss the mechanisms that capitalists use to suppress democracy and how it is in the nature and interests of capitalists to do so. It was not to say that capitalism was a completely terrible economic system but that there is a direct conflict with the interests of capitalism and democracy. That is the conflict I am trying to frame when I say "capitalism vs. democracy," it's the nature of the capitalist. My feeling that the capitalists who have attained wealth and power through our economic system are both uncaring toward the interests of other people as it does them no good in the context of capitalism to be caring, and the fact that they are noticeably winning the conflict of interests between capitalism and democracy these days, explains why I do not share your sympathy toward capitalists or capitalism, nor will I grant them innocence.

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    2. I’m calling a mulligan on the ending to my second paragraph and replacing it with: …Democracy is supposed to provide a check on power, whether it is attained through office, wealth, or both. But when the government loses its power to regulate because it’s mechanisms for doing so become broken beyond useful function by corruption it is a bad indicator of the state of democracy.

      I’ll also add a follow to Paulson. To think that there is nobody else suitable for the Treasury Secretary position is silly. I believe there are plenty of academics, economists, and finance experts who work in information fields that would be suitable for the position who do not possess conflicts of interests or past experience which might indicate a significant bias in their anticipated policies especially in favor of those which they are now obligated to regulate.

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