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Citizen Media Law Project covers IEHI’s New Hampshire Case


Many of you may not be aware of this, but my company IEHI, Inc. (I.e. the Mortgage Lender Implode-O-Meter) is involved in two lawsuits. Both are absurd in their own right and work to stifle whistleblowing activities. Both have cost our company a great deal of time and money to defend (And the lawsuits are ongoing).

I won’t go into the details of these cases here, but if you want to know more:

Our primary website is a thorn in the side for many because it takes a sardonic view of the imploding mortgage industry. Ever since the site was founded, way back before most of us had even heard of “subprime,” ML-Implode has broken big news that has made CEOs cringe, often alerting employees to their own company’s impending demise before their managers had bellied up and let the cat out of the bag (a.k.a. “I’m sorry, but we’re all out of a job.”). As distasteful as this function may be to some, we side on getting quality information out as soon as possible so that people can make informed decisions. Sometimes that pisses people off. We do not do it lightly.

As it is, the financial implosion genie has long since escaped the bottle. It’s common knowledge that the world is in a recessioin/depression/stagflation/OMG!WTF!/YGTBFKM! situation, so the fact that a start-up financial news site is getting hammered on by lawsuits has been largely ignored. Fortunately, with the recent Goldman Sachs suing of blogger Mike Morgan and articles like the one from Citizen Media Law Project (excerpted below – read it in full!), there may be a glimmer of hope.

I’m posting all of these thoughts on my personal blog to spread the word that just as we are being sued for not shutting up, your free speech is being attacked. Financial considerations aside, simply being aware of these attacks is important to you. The Internet has made way for little guys to be heard; unfortunately, little guys are still squashed by the big companies who have thousands of dollars to throw at legal fees all in an effort to stifle criticism. First amendment rights are fantastic in theory, but if the rubber doesn’t meet the road in cases like ours, anyone who posts material on the internet (And with Facebook, Twitter, millions of forums and blogs, who doesn’t?) is susceptible to losing everything they’ve worked for to frivolous lawsuits funded by deep pockets (The very deep pockets used to lobby the government for bailout funds or new legal loopholes to exploit).

So take note, and spread the word. Thanks. And here’s The Citizen Media Law Project’s take on our New Hampshire case (which we are appealing):

A reader recently tipped us off to a troubling ruling from a trial court in New Hampshire: The Mortgage Specialists, Inc. v. Implode-Explode Heavy Industries, Inc., No. 08-E-0572 (N.H. Super. Ct. Mar. 11, 2009). In the decision, Justice McHugh of the Superior Court for Rockingham County ordered the publishers of the popular mortgage industry watchdog site, The Mortgage Lender Implode-O-Meter (“ML-Implode”), to turn over the identity of an anonymous source who provided ML-Implode with a copy of a financial document prepared by The Mortgage Specialists, Inc. for submission to the New Hampshire Banking Department. The court also ordered ML-Implode to reveal the identity of an anonymous commenter who allegedly posted defamatory statements about the company and enjoined the website from re-posting the financial document or the allegedly defamatory comments. …

Justice McHugh’s March ruling granted all of the requested relief. He issued an order: (1) prohibiting ML-Implode and its agents from “displaying, posting, publishing, distributing, linking to, [or disseminating] copies and/or images of [the] 2007 Loan Chart and any information or data contained therein”; (2) requiring ML-Implode to “disclose the identity of the individual and/or entity that provided it with the 2007 Loan Chart”; (3) requiring ML-Implode to produce all other documents concerning MSI that ML-Implode received from the source of the 2007 Loan Chart; (4) prohibiting ML-Implode from re-posting the “Brianbattersby” statements; and (5) requiring ML-Implode to disclose the identity of “Brianbattersby.”

Justice McHugh’s decision is troubling on so many levels that it is hard to even list them all, but I will start with its blasé attitude towards the whole matter. The court issued no detailed findings of fact or conclusions of law before issuing the injunction, held no evidentiary hearing (apparently the parties agreed to this), and failed to even specify what cause of action supported its decision to enjoin publication of the 2007 Loan Chart. This latter point is by no means clear, because N.H. Rev. Stat. Ann. § 383:10-b looks like it creates no private right of action against non-government parties like ML-Implode. The court apparently regarded all this formality as unnecessary because MSI sought only injunctive relief not damages, but this is obviously incorrect.

But wait, it gets worse. In its filings with the court, ML-Implode argued extensively that the requested relief constituted an unconstitutional prior restraint on speech, sought information protected by New Hampshire’s qualified reporter’s privilege, and impinged on its users’ First Amendment rights to speak anonymously. The court brushed aside all of these arguments without anything I would characterize as legal analysis. Justice McHugh did not even address whether the New Hampshire reporter’s privilege, which was recognized by the New Hampshire Supreme Court in Opinion of the Justices, 373 A.2d 644 (N.H. 1977), applies to online journalism sites like ML-Implode, and, if so, whether MSI had made the showing needed to overcome the privilege. …

With respect to the allegedly defamatory forum comments, Justice McHugh failed to make any specific findings of fact regarding actual malice, falsity, or reputational harm, so it is hard to accept his ruling as a “final adjudication on the merits” that would justify injunctive relief. Moreover, the court failed to explain why MSI could circumvent the hoary principle that “equity will not enjoin a libel” simply by not asking for damages, and why section 230 of the Communications Decency Act did not block MSI’s claims for injunctive relief with respect to user-submitted content (not an uncontroversial proposition).

Justice McHugh’s opinion is also oblivious to the U.S. Supreme Court’s decision in Bartnicki v. Vopper, 532 U.S. 514 (2001), which casts serious doubt on the constitutionality of punishing the dissemination of truthful material relevant to a matter of public concern when the publisher (as opposed to the source) obtained the information in a lawful manner. True, Bartnicki addressed the constitutionality of imposing money damages for the publication of truthful speech, but enjoining truthful speech seems equally inconsistent with protecting our “‘profound national commitment to the principle that debate on public issues should be uninhibited, robust and wide-open.'” 532 U.S. at 534 (quoting New York Times v. Sullivan, 376 U.S. 254, 270 (1964)).

Instead of tackling all these difficult legal issues, Justice McHugh’s decision focuses its attention elsewhere. Throughout, it appears motivated by a conviction that MSI is not asking for anything unreasonable and that ML-Implode is not being very nice:

Then when [ML-Implode] was asked to disclose the identity of persons or entities that had provided it with unauthorized information and potentially defamatory information [ML-Implode] refused outright. One would have hoped that when a legitimate publisher of information was notified of the fact that certain unauthorized information was given to it which was then published, presumably in good faith, the publisher would, in order to maintain the integrity of its publication, willingly provide the wronged party with the information requested. Instead, [ML-Implode] exhibited a knee-jerk reaction.

This is not a view shared by publishers (big, small, offline, online) or by the law. Counsel for ML-Implode intends to appeal the judgment to the New Hampshire Supreme Court, and there is good reason to believe that the state’s high court will reverse. For now, the decision stands as an excellent example of why we need strong procedural safeguards for courts to follow when deciding whether or not to compel the identification of anonymous speakers, why shield laws that constrain judicial discretion are important, and why constitutional doctrine should limit judicial power to grant prior restraints to such a vanishingly small category of cases.

Peter Thiel responds to Folk Activism

Peter Thiel, the founder of Paypal and the major donor behind Seasteading, responds to Patri Friedman’s article on “Folk Activism” (See here).

It’s always reassuring to find yourself in good company, and in Thiel’s response, he hits on the three frontiers I blogged about back on Freedom is Found at the Frontier. Yeah, it’s not like it’s hard to figure out where there’s no government, but then again, not many people are pointing this out, so I’m going to take this opportunity to pat myself on the back.

Now that I’ve done that, there’s one frontier that isn’t being talked about, and that is the frontier of day-to-day life that transpires outside the purveyance of Big Brother. Indeed, that is most of our lives, so this frontier is immensely important. Indeed, many, many people live most of their lives incredibly freely beyond the view of government. It should go without saying that one of the preeminent goals of any liberty-minded person would be to advance ways to expand this frontier and further shield life from government. And yeah, cyberspace can help do that, but we need more realspace solutions.


(1) Cyberspace. As an entrepreneur and investor, I have focused my efforts on the Internet. In the late 1990s, the founding vision of PayPal centered on the creation of a new world currency, free from all government control and dilution — the end of monetary sovereignty, as it were. In the 2000s, companies like Facebook create the space for new modes of dissent and new ways to form communities not bounded by historical nation-states. By starting a new Internet business, an entrepreneur may create a new world. The hope of the Internet is that these new worlds will impact and force change on the existing social and political order. The limitation of the Internet is that these new worlds are virtual and that any escape may be more imaginary than real. The open question, which will not be resolved for many years, centers on which of these accounts of the Internet proves true.

(2) Outer space. Because the vast reaches of outer space represent a limitless frontier, they also represent a limitless possibility for escape from world politics. But the final frontier still has a barrier to entry: Rocket technologies have seen only modest advances since the 1960s, so that outer space still remains almost impossibly far away. We must redouble the efforts to commercialize space, but we also must be realistic about the time horizons involved. The libertarian future of classic science fiction, à la Heinlein, will not happen before the second half of the 21st century.

(3) Seasteading. Between cyberspace and outer space lies the possibility of settling the oceans. To my mind, the questions about whether people will live there (answer: enough will) are secondary to the questions about whether seasteading technology is imminent. From my vantage point, the technology involved is more tentative than the Internet, but much more realistic than space travel. We may have reached the stage at which it is economically feasible, or where it soon will be feasible. It is a realistic risk, and for this reason I eagerly support this initiative.

On Nassim Taleb’s Ten principles for a Black Swan-proof world…?nclick_check=1

Nassim Taleb‘s latest from the Financial Times titled Ten principles for a Black Swan-proof world provides a brief insight into what Taleb believes caused our current financial crisis and what might prevent a similar crisis going forward.

I’ve excerpted those principles below (pushing the fair-use envelope a bit, perhaps). All italics are NNT’s.

Before delving into Taleb’s ten, I’d like to suggest that NNT’s principles can be (and should be) boiled down to more simpler structural problems/observations. Taleb’s folksy expressions make for useful analogies, but they needlessly complicate some simpler realities:

  • Government-made negative externalities [1, 2, 7] — Legal constructs like corporations and limited liability companies are exploited to offload risk to the public. This subsidizes risks resulting in agents (CEOs, Managers, etc.) taking more and more chances with other people’s money. This is related to the principle-agent problem, which Taleb indicts in [4]. The Ponzi aspect of all of this is intrinsically tied to our leveraged financial system, which is inextricably tied to our centralized, fiat-“money” banking system. To me, this is the biggest point that I’ve yet to see Taleb make — centralized fiat currency is a fragile entity that is inherently leveraged (out of thin air) but can be used to build complex systems of finance. This won’t tend to break early (as we’ve seen). To kill the leverage you have to kill the source of it, which is our centralized non-robust banking system!
  • The Authority Complex [3, 4, 6, 9] — we need a great deal more skepticism in our system and we should not have such centralized power. The problem here is the authority complex — the so-called experts all pontificate to the “ignorant” masses. The masses are too busy or too confused by the magical words of the experts to deduce that the experts don’t know what they are talking about. And like any good con, the con-artistsexperts are able to trick the masses into giving them all the power. I would argue that NNT’s #9, which more or less argues that we should question authority and not trust experts, completely negates NNT’s #6, which suggest that we should be protected from ourselves. Well who is going to protect us when we can’t trust the would-be protectors? That is a problem.
  • Robust complex systems have simple base units that scale [5, 8, 10] — This is the biology angle that is exemplified by metabolic rate scaling over 27 orders of magnitude. A robust system requires simplicity at it’s base. Accounting is a good example of this. Accounting can get incredibly nuanced and complex but can always be brought back to debits and credits. The simplicity of this fundamental rule still enables incredibly complex book-keeping, but puts a governor on the system. You can’t make up assets without creating corresponding credits to the books.

    Compare this to our non-simple, non-robust banking system that holds as it’s core principle the notion of stability in prices and jobs while allowing for unlimited credit (money creation). Not simple.

    Simplicity lends itself to ease of understanding and puts a governor on shenanigans. It’s this fundamental simplicity that enables massive scalability and the emergence of complex systems that are robust.

I’m afraid I might have gotten overly complex in the above. I think what Taleb wants is an organic financial system, one that starts from real economic transactions between human beings and scales upwards from there. Thus, the solution is pretty simple. The base unit is the individual. Fictitious business entities that exist apart from owners are made illegal. No systemic credit structures, which fundamentally follows from the base unit being limited to the individual. This is because such a system would have decentralized banking that would evolve out of whatever needs such an organic economy would require.

This would be the (completely free) market solution, which incidentally most closely mimics biological systems. After all, where in biology do you see stuff created out of thin air (like Corporations or fiat currency)?

And life has been getting along fine for untold millions of years with a simple base units that are the molecules that make up DNA.

1. What is fragile should break early while it is still small. Nothing should ever become too big to fail. …

2. No socialisation of losses and privatisation of gains. …

3. People who were driving a school bus blindfolded (and crashed it) should never be given a new bus. The economics establishment (universities, regulators, central bankers, government officials, various organisations staffed with economists) lost its legitimacy with the failure of the system. …

4. Do not let someone making an “incentive” bonus manage a nuclear plant – or your financial risks. …

5. Counter-balance complexity with simplicity. Complexity from globalisation and highly networked economic life needs to be countered by simplicity in financial products. The complex economy is already a form of leverage: the leverage of efficiency. …

6. Do not give children sticks of dynamite, even if they come with a warning . … Citizens must be protected from themselves, from bankers selling them “hedging” products, and from gullible regulators who listen to economic theorists.

7. Only Ponzi schemes should depend on confidence. Governments should never need to “restore confidence”. …

8. Do not give an addict more drugs if he has withdrawal pains. …

9. Citizens should not depend on financial assets or fallible “expert” advice for their retirement. …

10. Make an omelette with the broken eggs. Finally, this crisis cannot be fixed with makeshift repairs, no more than a boat with a rotten hull can be fixed with ad-hoc patches. We need to rebuild the hull with new (stronger) materials; we will have to remake the system before it does so itself. …

Then we will see an economic life closer to our biological environment: smaller companies, richer ecology, no leverage. A world in which entrepreneurs, not bankers, take the risks and companies are born and die every day without making the news.

Creating Communities (or Tribes)


Seth Godin points out that it’s the hallway impromptu meetings (and networking) at conferences that result in real value creation. In other words, the enumerated purpose of a bunch of people being in the same place — the conference, the Sunday church service, the political rally, etc. — is little more than a veneered excuse for humans to come together and socialize in real, meaningful ways.

I say “meaningful ways” because our enumerated causes are often incredibly shallow. I still have great friendships from my old days as a Christian (this was back in my teenage years) even though I am more an atheist or agnostic (whatever) today. Most Christians even within the same church body have vastly different beliefs and still manage to enjoy each other’s company. Why? Because the relationships are bigger than the beliefs. The beliefs are (mostly, or most importantly) just an excuse to get together with others.

I see this phenomenon of all the time, and I’ve often pondered the equivalent of Seth Godin’s question in his post. How do we create a central activity, like church, that ostensibly is the reason for people to gather around, but is in actuality just an excuse for us to get together, have fun, talk, share, build, etc. Religion functions fairly well in this regard but has some unfortunate side-effects (elitism, weird beliefs, dogmatism, true believers, etc.).

There are likely other solutions out there (outside of the dying corporate borg) — other ideas to build communities around — they just need to have a common purpose people can get behind that doesn’t result in too many negative consequences or take itself too seriously.

Hmm …

These tribes of people are arguably a more valuable creation than the fish that were caught or the physics that were learned, right?

And yet, most of the time we don’t see the obvious opportunity–if you intentionally create the connections, you’ll get more of them, and better ones too. If the hallway conversations at a convention are worth more than the sessions, why not have more and better hallways?

What would happen if trade shows devoted half a day to ‘projects’? Put multi-disciplinary teams of ten people together and give them three hours to create something of value. The esprit de corps created by a bunch of strangers under time pressure in a public competition would last for decades. The community is worth more than the project.

The challenge is to look at the rituals and events in your organization (freshman orientation or weekly status meetings or online forums) and figure out how amplify the real reason they exist even if it means abandoning some of the time-honored tasks you’ve embraced. Going around in a circle saying everyone’s name doesn’t build a tribe. But neither does sitting through a boring powerpoint. Working side by side doing something that matters under adverse conditions… that’s what we need.

Patri Friedman on Folk Activism


Unfortunately I can’t add much in the way of comments or thoughts on Patri Friedman’s article titled Beyond Folk Activism published on Cato Unbound yesterday. I just don’t have the time as I have to prepare my 2008 taxes. I’m not joking.

It’s a thoughtful article and I wish I could force* all of my libertarian activist friends to read it.

The underlying reason my original blog autoDogmatic has fallen by the wayside (as far as my own writing is concerned) is because it wasn’t doing much, if any, good — that is, other than to encourage my own teeth-gnashing and bitterness at the current busted systems of control. There was a point where I just realized: this is all nothing more than talk. It’s toothless.

I have no idea of Patri’s specific solution of seasteading will work. However, he’s absolutely right that we need more competition in government and a means to escape the entrenched power structures in place with existing governments. The only way to get “there” from here is to create new frontiers (See my post on Freedom is found at the Frontier), and going to the sea is one way of doing that.

One thing I’d like to add to Patri’s discussion is that governments tend to consolidate power and grow. Thus, not only is the scarcity of frontier-space a problem, but it’s a problem further compounded by the tendency of new government iterations to consolidate power over time. Just look at the transition of individual States in a Union after the Revolutionary War to the United States of America we have today.

I wonder if the search for the most functional and free government is a leprechaun we’ve no hope of catching. This could be because governments are inherently anti-freedom (After all, they are: monopoly of force is always anti-freedom), so their very existence unavoidably negates the goal. I’m not sure it matters. It seems the best solution is to seek out new frontiers. Seasteading, space exploration, and “more fences” via digital encryption all work to achieve more frontier. We need it.

And now I go to work on my taxes. Here’s a clip from the article (be sure to check it out!):

Government is just another industry, where countries offer services to citizens, but it has some unfortunate features. It is a geographically segmented monopoly, and since all land is taken, the industry has an enormous barrier to entry. To start a new government you have to beat an old one, which means winning a war, an election, or a revolution. And it has very high customer lock-in: there are barriers to emigration and immigration, and switching countries involves both high financial and emotional costs. These characteristics result in a horribly uncompetitive industry, so it is no surprise that existing firms tend to exploit customers instead of innovating to attract them.

This analysis neatly avoids moral debates and has clear practical implications: if the problem is an uncompetitive market, the solution is to make it more competitive. It also exposes the futility of strategies that don’t address this issue, like trying to win the war of ideas. While appealing and noble, this is ineffective. Without competitive pressure, our institutions generate flawed policies which benefit the political class, not those that reflect the consensus of academic economists. We need more competition in government, not more academic papers or mindshare.

P.S. Also added Jonathan Wilde and Patri’s new blog, Let a Thousand Nations Bloom to Google Reader.

*Joking, sort of.

How Humans Play


From Natural Athletics comes a wonderfully descriptive post from Rafe Kelley regarding a recent training day of “parkour” or “natural movement” (a la MovNat or Methode Naturelle), which I think is simply human play. Sit back, read a snippet, and if you want it in full, go to Rafe’s site:

The weather is beautiful, so we decide to make the trip down to Larrabee State Park, an amazing area of beautiful old forests and a rocky beach with formations of Chuckanut sandstone carved into fantastic shapes for climbing by wind and rain. …

[So] we simply go, running along fallen logs, vaulting rails along the trail. Then, deeper into the woods, running downslope, leaping up and over a fallen tree and taking a large gap across a creek–too much fun; had to do it twice, taking the even bigger thirteen foot or so gap on the way back, this one over a waterfall. Downslope again, slipping sliding to the lower creek bed, two step tic tac off a fallen log across the stream and continue on upslope, which ends with a chest high rock–vault on top, keep running. Upslope again, boulders strewn across, pull on them to gain leverage, a vault here, a jump there, finish the slope, wait for Dane to catch up. More slope ahead, dirt trail, fallen logs, boulders; perfect.

Time for a race, a no holds barred race, inspired by Teghead–a traceur from the UK. We’re off, both go for the pull on the arms, hands in the face, spinning–Dane’s getting in front, I dive for his leg, pull him around, clinched up almost falling down slope, I have to avoid the log, break, he’s spinning–shove–I am in the clear, put that rock between him and me, almost there–aha, top of the slope. So fun, but so tiring.

We catch our breath, looking out down the beach. There is a point sticking out 800 yards away as a crow flies, maybe a mile overland, rocky beach the whole way. Is our training only for sprints I ask myself? This what I have needed to do, a real run. “Lets go here to there,” I say, “No stops.” We’re off, moving smooth at first, scrambling over the rocks, hugging faces, ocean inches away. Quick traverses, spinning around obstacles, up and through holes in the rock, vaulting up to boulders, balancing on driftwood, a quarter of the way…Tired. Dane passes me, he isn’t slowing down. Quads burning, no more power moves, I’m struggling just to run. Watching my feet, gotta keep running, but have to stay safe, every foot placement has to be secure, 100% focus. Dane is out of sight. I round the bend; he is climbing the last face, the last cove is between me and him, just small rocks and then the end. I want to slow to a walk so bad–doesn’t matter, have to finish–watching every foot placement, every foot placement, slippery rocks in the stream, can they be trusted, jump, jump, I guess so. We are almost done, roots hanging from the slope, traverse and ascend, I pull myself over the final lip. There’s Dane looking out at the water. I lay down. He wins this round.

We’re moving on, tide going out. Sandy beach now. We find some rocks–big rocks–the biggest one we can move. It looks like a shark head, maybe some 200 pounds. Full squat, bear hug, lift and carry. Dane’s turn; it doesn’t come off the ground–a point for me. We find some rocks, throw them, press them, carry them. Dane finds a big one, clean and press. Damn, that looks heavy. My turn. I press, get stuck in the middle, can’t finish; bring it back down, split jerk, full overhead, unstable, bail out from under it.

Onwards, almost to the end. We come to a big sloped wall. Amazing horizontal wall run; my feet slip when I try to hug it too close. Next time, even though I know this, am telling myself ‘Lean out, lean out.’ It’s damn scary, but it works. Every foot placement is solid and I’m running. High drop to the ledge after the wall run is awesome. Dane is climbing. Climb up 70 feet off the ground. We look out. So beautiful: San Juan island in the west, tip of the snow-capped Cascades in the south. Finally, we make it to Clayton Beach for big kongs over a massive rock into the sand to finish the day, climb up the last rock and watch the sunset.

I’ll be sore for a week.

Thanks, Rafe! Inspiring.

Dr. Mary Newport, Coconut Oil, Ketones, and Dementia

Originally emailed to family, I want to share this here, as well.

[H]ere’s a pdf file that talks about Dr. Mary Newport’s experimentation with coconut oil and her dementia/alzheimer’s suffering husband and the improvements she’s seen as an apparent result of this experimentation (File size ~700KB).

The gist is that coconut oil has a shorter length saturated fat that gets converted by the liver into ketone bodies. Ketones are used by our bodies for energy and our brains and heart both apparently like ketones a lot. The tie-in to dementia is that it may be the case that dementia is being caused by our brains losing the ability to burn glucose (the metabolic unit created from carbohydrates) for energy; therefore, over time our brain cells start starving and dying. In these cases, ketones subvert the busted glucose metabolic pathway and get the nerve cells the energy they require.

Obviously, it’s hard to say for sure based on her anecdotal research alone if this is a true ‘cure’ or preventative measure for Alzheimer’s, but really, given there is no particularly effective cure or treatment for the disease, giving a couple tablespoons of coconut oil a day to someone suffering from dementia is easy to do and worth a shot. Spread the word.

H/T Seth.

Natto: Another fermented food I probably should be eating

How appetizing is this? Creative Commons License photo credit: jasja dekker

Prior to Seth Roberts mentioning it on his blog (here), I had never heard of the Japanese dish called “Natto,” which is a fermented soybean product. Apparently, it contains a great deal of Vitamin K2, is anti-bad-bacterial, and effectively lyses human thrombus. If you’re like me, that last bit probably made no sense to you, so below are some definitions until I paste liberally from an interview on Natto held with a Japanese expert on the food, Professor Hiroyuki Sumi, who has been nicknamed “Dr. Natto.”

  • Nattō – “A high protein food consisting of sticky, fermented whole soybeans cooked in Bacillus natto.”
  • lyse – “To dissolve or destroy.”
  • thrombus – “A clot within the cardiovascular system. It may occlude (block) the vessel or may be attached to the wall of the vessel without blocking the blood flow.”
  • fibrinolytic – “Fibrinolysis is the process wherein a fibrin clot, the product of coagulation, is broken down.”

The K2 angle on Natto is particularly fascinating, particularly in light of how expensive it is to supplement K2 via products like butter oil. I’ve been wondering in reading more into fermentation from sources like Seth Roberts when I would see a tie-in to Vitamin K2, which is produced by our own gut bacteria as noted below.

In an experiment conducted out of sheer curiosity, I found that natto contained a strong enzyme that lyses thrombus.

I am Japanese and regularly eat natto, so one day I took some natto to my laboratory. That was in 1980. I usually prepared thrombus in a laboratory dish and measured its strength by adding urokinase to it, but that day, I added natto instead. I found that natto contained a strong fibrinolytic enzyme, judging from the large area lysed. After coming back to Japan, I repeated various experiments, and first presented the results of my research in 1986. NHK and various newspapers reported my discovery of the enzyme named ’nattokinase ’,and before I knew it, I had become Dr. Natto. Originally, I was interested in fermentation. After I graduated from the Department of Fermentation Technology at Yamanashi University, I entered the Department of Medicine because I wanted to continue my study of enzymes further. In the field of fermentation, Japanese technology is the most advanced in the world. I think this is the field in which we achieve our most original results.

I studied more than 200 foods from all over the world, but none surpassed natto in terms of fibrinolytic activity.

――What are the functions of nattokinase and Vitamin K2, which are contained in natto?

Dr. Sumi: It is said that natto became a popular food in the Edo period, and that the voice of natto sellers was constantly heard in the city of Edo.Regarding the effects of natto,there are many anecdotes concerning its efficacy for stomachache, and flu, and for helping women give a birth. This is because natto has a high nutritive value and is easy for the body to absorb. In addition, natto has an antibacterial effect. In the old days, food poisoning was very common, and people used natto in order to prevent cholera, typhoid and dysentery.

Natto is highly antibacterial, and also contains di-picolinic acid, which suppresses O-157.

In a food dictionary of the Edo period, it is written that natto neutralizes poisons and stimulates the appetite.Neutralize poisons refers to an antibacterial effect. Recently, it has been found that natto contains di-picolinic acid, which suppresses O-157, and that natto has an antibiotic effect. Natto suppresses the growth of harmful bacteria while encouraging the growth of beneficial bacteria such as lactobacillus. The best-known component of natto is nattokinase, an enzyme that lyses thrombus. Recently, the Japanese diet has come to resemble the American one, and consequently, the incidence of thrombosis in Japan has increased. The incidence of thrombosis in the heart and brain is higher than that of cancer, if myocardial infarction and cerebral infarction are included in the total. Natto has attracted attention as a food that helps to prevent senile dementia, which is one type of thrombosis, because nattokinase lyses thrombus for a very long time when eaten directly instead of taken by injection.

Vitamin K2 in natto is essential for preventing osteoporosis.

Natto contains another useful component, named Vitamin K2. It is said that 60% of women over the age of 60 suffer from osteoporosis, which Vitamin K2 helps to prevent. In order to maintain healthy bones, a number of studies suggest that it is important to obtain Calcium and Vitamin D from milk. Recently, however, it was found that a protein named osteocalcin acts as a kind of glue that helps to incorporate Calcium into the bones, and that Vitamin K2 is necessary in order to produce this protein. Furthermore, according to the results of recent epidemiological research, the amount of Vitamin K2 in the body of people who suffer from osteoporosis is decreasing compared with that of healthy people.

Obtaining sufficient Vitamin K2 is not a problem for healthy people, because they have a colon bacillus that is constantly producing Vitamin K2 in the alimentary canal. However, when people become older, or take medicine containing antibiotics, this bacillus weakens and produces less Vitamin K2. It is becoming clear that Vitamin K2 produced by this bacterium is closely connected with the prevention of osteoporosis, and the Ministry of Health and Welfare has approved Vitamin K2 as a medicine for osteoporosis. Unlike natto, yeast, a lactobacillus, and Koji do not contain Vitamin K2 that comes from a bacterium. Bacillus natto is a unique bacterium throughout the world, and moreover people can ingest it in the raw. Therefore, natto is receiving considerable attention as the only food that contains Vitamin K2 from a bacterium.

Vitamin K2 has the chemical name menaquinone 7. At present, Vitamin K1, or menaquinone 4, is synthesized for use in the medicines approved by the Ministry of Health and Welfare. When the components of blood are analyzed, one vitamin that is found more often in healthy people than in osteoporotic people is menaquinone 7. A lack of menaquinone 7 causes osteoporosis. Because Bacillus natto produces menaquinone 7, eating natto helps to prevent osteoporosis. It is important to obtain the fundamental components of bones by consuming milk and Shiitake mushrooms, but Vitamin K2 is also necessary. Menaquinone 7 has only recently appeared in the analysis data of the Science and Technology agency, and samples are not on sale yet.

It is possible to obtain enough vitamin K2 from one packet (100 g) of natto.

One hundred grams of natto contains approximately 1,000μg of menaquinone 7. A normal person is supposed to consume 1μg per 1 kg of body weight each day, which means that a person of 60 kg should consume 60μg of menaquinone 7. Therefore, 10 g of natto supplies enough menaquinone for one day. If the colon bacillus is weakened, a packet of natto supplies a sufficient amount of menaquinone 7.

As a result of attempts to make natto more palatable, the amount of its effective components decreased.

Extremely undeveloped natto has been increasing as a result of attempts to make natto more palatable, especially for people in the Kansai area in Japan. Such natto has a weaker odor and is less sticky. When the US authorities occupied Japan in 1945, they prohibited the sale of natto because they thought that cholera and typhoid were often caused by such a rotten food. Since then, about three types of purely cultured bacillus have been used to make natto. As a result, natto became tastier and safer, but on the other hand, the amount of the anti-bacterial material, Vitamin K2, and nattokinase decreased. Comparing a 1936 report on the components of natto and its activity with current data, it is found that the anti-bacterial component has dramatically decreased.

James Hogan’s Four Principles for Effective Dieting

James Hogan recently posted his “four principles for effective dieting,” which were developed from his personal experience with dieting. It’s a great read on what has worked for James (and as he says, this is a nine-year trend in the making). Comparing notes to my own experiences (Better Health via IF and Low-Carb), I see a lot of overlap. In particular, regular measuring, incremental change, and intermittent fasting (which somewhat translates into Johnson’s Up-Day Down Day) all worked well for me. Of all of those things, I think fasting is the best way to improve your habits because it so starkly breaks rank with existing eating habits.

I also really liked how Hogan articulates targeting the “Healthy Stretch.” I liken this to falling into the dieting “zone.”

Anyway, it’s worth the read in full, so I’m just going to excerpt James’ the four top-level principles:

  • Manage your motivation — “So, the most important thing you can do while losing weight is to successfully manage your motivation.”
  • Use data — “Measuring and using data helps us in two ways. It helps us understand the consequences of our actions more accurately than we’d otherwise be able to. It’s also motivating.”
  • Try different approaches — “Try different approaches. Observe which pieces work (and keep them) and which don’t work (and discard them). Don’t become disheartened if an approach fails …”
  • The alternate-day diet — “The structure of the diet is that you eat a very low number of calories some days (20-50% of the amount required to maintain your weight — your “break even” amount), and a higher number of calories on alternate days. If you’re trying to lose weight, you might target closer to 20% on the “down days,” and if you’re trying to maintain your weight, you might target closer to 50%.”

Finally, I like noting that I know James through Patri through the Seasteading Institute. I suppose I know Patri from having read David Friedman’s blog originally and stumbling into Patri’s works on the old Catallarchy site. What’s fun about these somewhat unpredictable connections is that my old childhood (and adult friend – he was a groomsman of mine) friend Andy happened to be the primary creator/writer for Johnson of the UDDD. The internet: making the world a smaller place a day at a time.

Geoffrey West on Scaling Laws in Biology and Other Complex Systems…406426776765294

Randomly came across this video of a lecture given at Google by Geoffrey West on how biological “laws” scale. For example, flow through capillaries and metabolic rate scale from small to large organisms. What is mind-boggling is how metabolic rate scales “over 27 orders of magnitude.” The video is almost an hour long and is pretty dense, but the first 20 minutes or so explain the metabolic scaling, which is incredible. The last ten minutes apply the idea to social organizations (starting around 47 minutes in). Apparently, human organizations actually scale at 1.05 (versus 3/4).

The big takeaways for me: simply, for complex systems to work, they must scale. On a more complicated level, evolution is a blind process of trial and error that nonetheless created fantastically scalable, complex, decentralized systems that aren’t given to catastrophic failures. Therefore, it’s reasonable to postulate that, as opposed to using central, pointed, monopolistic planning (Think: few iterations) to design systems that scale without catastrophic loss, perhaps we should default to decentralized, immensely iterative trial and error as our basis for system design. The former is unnatural, the latter organic. The former is monarchistic, the latter anarchistic. The latter provably works whereas the former has failed over and over and over again.

Geoffrey West’s takeaway: “One, that inevitably [for biological systems] the bigger you are, the slower the pace of life—your heart rate decreases, your life span is longer and so on. In social organizations the bigger you are, cities in particular, the faster life is.”

Final note, I’m reminded of Gilbert’s super-replicator idea in Stumbling on Happiness.

The abstract on the video:

Life is very likely the most complex phenomenon in the Universe manifesting an extraordinary diversity of form and function over an enormous range. Yet, many of its most fundamental and complex attributes scale with size in a surprisingly simple fashion. For example, metabolic rate (the power required to sustain the system) scales as approximately the 3/4-power of mass over 27 orders of magnitude from molecular levels up to the largest multicellular organisms. Similarly, time-scales, such as lifespans and growth-rates, increase with exponents which are typically simple powers of 1/4. It will be shown how these universal quarter-power scaling laws follow from fundamental generic principles embedded in the dynamics and geometry of underlying networks, leading to a general quantitative theory that captures essential features of many diverse biological systems. Examples will include animal and plant vascular systems, growth, cancer, aging and mortality, sleep, DNA nucleotide substitution rates. These ideas will be extended to discuss social organisations such as cities and firms: to what extent, if at all, can we think of these as very large organisms and therefore as an extension of biology? Analogues to metabolic rate and behavioral times in cities scale counter to their behaviour in biology. Driven by innovation and the creation of wealth this has dramatic implications for their growth, development, sustainability and pace of life which, left unchecked, potentially sow the seeds for their collapse.

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