Category: Regulations

Dockless Bikes Flood Dallas as Officials Scramble to Regulate

(p. B4) . . . in recent months, Dallas has become ground zero for a nascent national bike-share war, as five startups armed with hundreds of millions of venture capital dollars have blanketed the city with at least 18,000 bikes.   . . .    . . . , the bikes flooding Dallas are “dockless.” In other words, these bikes–popular in many Chinese cities–can be left almost anywhere when the rider is done.
. . .
City officials are scrambling to write regulations. “You drive down a street, you see bikes everywhere, all scattered out,” said Dallas City Council member Tennell Atkins. “We’ve got to think it through. It’s a mess.”
Other U.S. cities are having a similar experience, if on a smaller scale. The startups, which include China’s two leading bike-share companies, are in the early stages of a plan to blanket U.S. cities with hundreds of thousands of dockless bikes in the coming year.
Typically acting with cooperation and encouragement from city governments, companies seed a city with bikes placed on sidewalks, by bus stops and throughout downtowns. Users pay $1 per half-hour or hour for a bike they locate and unlock with an app on their smartphones, eliminating the need for a bike rack.

For the full story, see:
Eliot Brown. “It’s the Wild West for Bike Sharing.” The Wall Street Journal (Tuesday, March 27, 2018): B4.
(Note: ellipses added.)
(Note: the online version of the story has the date March 26, 2018, and has the title “Dockless Bike Share Floods into U.S. Cities, With Rides and Clutter.”)

Blockchain Tested to Speed Property Transfers

(p. B8) The blockchain technology that underpins cryptocurrencies such as bitcoin could change the way property deals are done and recorded more than any other new technology, real-estate and technology experts say.
And Sweden’s nearly 400-year-old land mapping and registration authority is likely to become one of the first government agencies to test using blockchain technology for conducting property sales.
The Lantmäteriet expects to conduct the first such transaction in the next few months and is shortlisting volunteers who want to buy or sell a property using the blockchain system. “From the technology point of view, we are quite ready,” said Mats Snäll, Lantmäteriet’s chief digital officer.
Proponents of blockchain say the technology would make recording and transferring titles faster and much more efficient. Transactions that today take months to complete could take days or even hours, they say.
Blockchain technology also is practically bulletproof when it comes to fraudulent transactions, experts say.

For the full story, see:
Shefali Anand. “Test of Blockchain for Real Estate Is Readied.” The Wall Street Journal (Wednesday, March 7, 2018): B8.
(Note: the online version of the story has the date March 6, 2018, and has the title “A Pioneer in Real Estate Blockchain Emerges in Europe.”)

Patients Lower Blood Pressure Best When It Is Self-Monitored

(p. D4) The most effective way to monitor blood pressure may be to do it yourself.
British researchers randomly assigned 1,003 patients with hypertension to one of three groups.
. . .
The study was published in Lancet.
“People who monitor their own blood pressure and share the readings with their physician get better control,” said the lead author, Dr. Richard J. McManus, a professor of primary care at the University of Oxford. “Seventy-five million Americans have hypertension. If a good proportion of those self-monitored, it would lead to a big reduction in stroke.”

For the full story, see:
NICHOLAS BAKALAR. “The Best Way to Monitor Your Blood Pressure? Do It Yourself.” The New York Times (Tuesday, MARCH 13, 2018): D4.
(Note: ellipsis added.)
(Note: the online version of the story has the date MARCH 6 [sic], 2018, and has the title “The Best Way to Monitor Your Blood Pressure? Do It Yourself.”)

The Lancet study summarized above, is:
McManus, Richard J., Jonathan Mant, Marloes Franssen, Alecia Nickless, Claire Schwartz, James Hodgkinson, Peter Bradburn, Andrew Farmer, Sabrina Grant, Sheila M. Greenfield, Carl Heneghan, Susan Jowett, Una Martin, Siobhan Milner, Mark Monahan, Sam Mort, Emma Ogburn, Rafael Perera-Salazar, Syed Ahmar Shah, Ly-Mee Yu, Lionel Tarassenko, F. D. Richard Hobbs, Brendan Bradley, Chris Lovekin, David Judge, Luis Castello, Maureen Dawson, Rebecca Brice, Bethany Dunbabin, Sophie Maslen, Heather Rutter, Mary Norris, Lauren French, Michael Loynd, Pippa Whitbread, Luisa Saldana Ortaga, Irene Noel, Karen Madronal, Julie Timmins, Peter Bradburn, Lucy Hughes, Beth Hinks, Sheila Bailey, Sue Read, Andrea Weston, Somi Spannuth, Sue Maiden, Makiko Chermahini, Ann McDonald, Shelina Rajan, Sue Allen, Brenda Deboys, Kim Fell, Jenny Johnson, Helen Jung, Rachel Lister, Ruth Osborne, Amy Secker, Irene Qasim, Kirsty William, Abi Harris, Susan Zhao, Elaine Butcher, Pauline Darbyshire, Sarah Joshi, Jon Davies, Claire Talbot, Eleanor Hoverd, Linda Field, Tracey Adcock, Julia Rooney, Nina Cooter, Aaron Butler, Naomi Allen, Maria Abdul-Wahab, Kathryn McNicholas, Lara Peniket, Kate Dodd, Julie Mugurza, Richard Baskerville, Rakshan Syed, Clare Bailey, Jill Adams, Paul Uglow, Neil Townsend, Alison Macleod, Charlotte Hawkins, Suparna Behura, Jonathan Crawshaw, Robin Fox, Waleed Doski, Martin Aylward, Christine A’Court, David Rapley, Jo Walsh, Paul Batra, Ana Seoane, Sluti Mukherjee, Jonathan Dixon, Peter Arthur, Karen Sutcliffe, Costas Paschallides, Richard Woof, Peter Winfrey, Matthew Clark, Roya Kamali, Paul Thomas, David Ebbs, Liz Mather, Andre Beattie, Karim Ladha, Larisa Smondulak, Surinder Jemahl, Peter Hickson, Liam Stevens, Tony Crockett, David Shukla, Ian Binnian, Paul Vinson, Nigel DeKare-Silver, Ramila Patel, Ivor Singh, Louise Lumley, Glennis Williams, Mark Webb, Jack Bambrough, Neetul Shah, Hergeven Dosanjh, Frank Spannuth, Carolyn Paul, Jude Ganesegaram, Laurie Pike, Vijaysundari Maheswaran, Farah Paruk, Stephen Ford, Vineeta Verma, Kate Milne, Farhana Lockhat, Jennifer Ferguson, Anne-Marie Quirk, Hugo Wilson, David Copping, Sam Bajallan, Simria Tanvir, Faheem Khan, Tom Alderson, Amar Ali, Richard Young, Umesh Chauhan, Lindsey Crockett, Louise McGovern, Claire Cubitt, Simon Weatherill, Abdul Tabassum, Philip Saunders, Naresh Chauhan, Samantha Johnson, Jo Walsh, Inderjit Marok, Rajiv Sharma, William Lumb, John Tweedale, Ian Smith, Lawrence Miller, Tanveer Ahmed, Mark Sanderson, Claire Jones, Peter Stokell, Matthew J. Edwards, Andrew Askey, Jason Spencer, Kathryn Morgan, Kyle Knox, Robert Baker, Crispin Fisher, Rachel Halstead, Neil Modha, David Buckley, Catherine Stokell, John Gerald McCabe, Jennifer Taylor, Helen Nutbeam, Richard Smith, Christopher MacGregor, Sam Davies, Mark Lindsey, Simon Cartwright, Jonathan Whittle, Julie Colclough, Alison Crumbie, Nicholas Thomas, Vattakkatt Premchand, Rafia Hamid, Zishan Ali, John Ward, Philip Pinney, Stephen Thurston, and Tina Banerjee. “Efficacy of Self-Monitored Blood Pressure, with or without Telemonitoring, for Titration of Antihypertensive Medication (TASMINH4): An Unmasked Randomised Controlled Trial.” The Lancet 391, no. 10124 (March 10, 2018): 949-59.

Government Obstacles Slow 5G Innovation

(p. A13) . . . , governmental obstacles threaten to block a new wave of wireless innovation, known as fifth generation or “5G.” It will multiply download speeds by at least 10 times, allowing wireless carriers to compete with cable companies for high-speed internet access. With superfast speeds and low lag times, 5G will enable advances in everything from driverless cars to the “tactile internet,” in which surgeons can perform operations and builders operate construction equipment remotely, and entertainment can include sensations beyond the audiovisual.
. . .
In some places, outdated local requirements prohibit carriers from placing small cells in local rights-of-way and on government-owned utility poles. Zoning ordinances designed for much larger towers often require local zoning boards to approve small cells. Some localities refuse altogether to negotiate right-of-way access, while others impose prohibitive fees and other unreasonable conditions.

For the full story, see:
Robert McDowell. “Local Laws Imperil 5G Innovation; Misapplied zoning rules and huge fees block antennas the size of pizza boxes.” The Wall Street Journal (Tuesday, April 3, 2018): A13.
(Note: ellipses added.)
(Note: the online version of the story has the date APRIL 2, 2018.)

FDA Regulations Stop Vape Shop Innovations

(p. A19) After Kimberly Manor lost her husband to lung cancer, she was inspired to make a dramatic career change. Kimberly now owns and operates Moose Jooce in Lake, Mich., a “vape shop” that sells various electronic nicotine devices. These products use battery-powered coils to vaporize liquids, with differing levels of nicotine or none at all. Thus, vapers may inhale nicotine without the tar or other harmful chemicals in tobacco smoke, since there is no tobacco and no combustion. Scientific evidence suggests this is a much safer alternative to smoking.
Ms. Manor estimates that her business has helped more than 500 people quit smoking, most of them longtime smokers in their 50s or older. Yet the Food and Drug Administration is discouraging more such enterprises. In a regulation issued in 2016 known as the “deeming rule,” the agency ordered that vaping products would be subject to the same regulations developed for the cigarette industry under the Tobacco Control Act of 2009.
The deeming rule has been devastating to businesses like Ms. Manor’s. To give just one example, vape shop owners frequently experiment by mixing new flavors for the liquid “juice.” Now, each separate creation requires its own prohibitively expensive application for FDA approval, which means that vape shops have been forced to stop innovating.

For the full commentary, see:
Todd Gaziano and Tommy Berry, “Career Civil Servants Illegitimately Rule America; Leslie Kux has never been elected or confirmed by the Senate. She’s issued nearly 200 regulations.” The Wall Street Journal (Thursday, March 1, 2018): A19.
(Note: the online version of the commentary has the date Feb. 28, 2018.)

Italian Bureaucracy Leaves Innovative Restaurateur Feeling “Psychologically Violated”

(p. A7) ROME–The campaign leading up to Italy’s national elections on March 4 [2018] has featured populist promises of largess but neglected what economists have long said is the real Italian disease: The country has forgotten how to grow.
Take Gianni Angelilli’s pizzeria in downtown Rome. He uses an innovative dough mix and flexible cooking methods, drawing long lines and rave reviews. But Italy is too bureaucratic, the locals have no money and his ambition isn’t what it used to be, Mr. Angelilli said. If he opens more outlets, they will be abroad.
“Now, foreigners have more desire to eat well than Italians,” he said. “Italy is dead. Italy is finito.”
. . .
Italian politics have become measurably more chaotic since the country’s old party system–largely frozen during the Cold War–collapsed amid corruption scandals in the early 1990s. Data collected by Einaudi economist Luigi Guiso and others show that since 1992, coalitions have become more likely to crumble, lawmakers to defect and governments to need confidence votes in parliament. Politicians jostling for attention push more frequent, longer and more-complicated legislation.
“An excess has cluttered the bureaucratic machine,” says Mr. Guiso. “The country has become cumbersome.”
Yet the weakness of transient politicians has paradoxically made the public administration more powerful, at the same time as constant legal changes immobilize it, he says.
Mr. Guiso has practical experience. He is helping to set up a government-supported program to send young Italians to learn about entrepreneurship in Silicon Valley and at U.S. business schools, and he said Italian civil servants decided a tender offer inviting U.S. organizations to participate could be published in Italian only. After much persuasion, the civil servants agreed to publish the tender in English too–but insisted all applications must be in Italian, said Mr. Guiso. He said political friends apologized, saying there was nothing they could do.
Mr. Angelilli said his encounters with Italian bureaucracy while running his Pinsere pizzeria have left him feeling “psychologically violated.” He said he had to pay a fine recently because his oven’s air extraction, made to comply with European, national and regional laws, ran afoul of new city rules.

For the full story, see:
Marcus Walker and Giovanni Legorano. “The Real Italian Job: Rev Up Productivity.” The Wall Street Journal (Wednesday, Feb. 28, 2018): A7.
(Note: ellipsis, and bracketed year, added.)
(Note: the online version of the article has the date Feb. 27, 2018, and has the title “Italy: The Country That Forgot How to Grow.”)

Occupational Licensing Hurts Military Spouses

(p. A15) Heather Kokesch Del Castillo launched a dietary advice business in Monterey, Calif., in 2014. The business grew and Ms. Del Castillo eventually established a nationwide client base as a “health coach.” But when her husband, who is in the Air Force, was transferred to a base in Florida, her business hit a roadblock. A Florida Department of Health investigator showed up at the door of their new home with a cease-and-desist letter and a $750 fine.
After nearly two years of operating her business in Florida, Ms. Del Castillo learned that she had run afoul of a law requiring any person offering dietary advice to possess a state-issued license. Qualifying for that permit requires a bachelor’s degree in dietetics, a 900-hour internship, a passing grade on an exam administered by the state Commission on Dietetic Registration, and a $355 fee. A licensed dietitian had tipped off the Health Department that Ms. Del Castillo was giving unauthorized advice. She retained the Institute for Justice, a public-interest law firm, to fight the law that stripped her of her livelihood.
State licensing laws pose a particular burden on military spouses like Ms. Del Castillo. About 1 in 4 Americans need licenses to perform their occupations. In some states, florists, taxidermists and even fortune-tellers need licenses to operate. Far too often, these licenses serve less as safeguards of public health and safety than as barriers to entry. In many cases, the state-appointed boards that issue licenses are stocked with industry insiders seeking to restrict competition.
. . .
Military spouses were 10 times as likely to have moved to a new state in the past year than the average American, according to a combined 2012 study by the Treasury and Defense departments. Surveys suggest that anywhere from 35% to 50% of military spouses work in professions that require licensure, and nearly 75% of them would need to be relicensed upon transferring to a new state. Perhaps as a result, the unemployment rate for military spouses is 16%, while the national unemployment rate is only 4.1%

For the full commentary, see:
Shoshana Weissmann and C. Jarrett Dieterle. “Why Do You Need a College Degree to Give Diet Advice?; State licensing laws overly burden military spouses, who move frequently only to find they can’t work.” The Wall Street Journal (Thursday, February 1, 2018): A15.
(Note: ellipsis added.)
(Note: the online version of the obituary has the date Jan. 31, 2018.)

Regulating A.I. “Is a Recipe for Poor Laws and Even Worse Technology”

(p. A27) “Artificial intelligence” is all too frequently used as a shorthand for software that simply does what humans used to do. But replacing human activity is precisely what new technologies accomplish — spears replaced clubs, wheels replaced feet, the printing press replaced scribes, and so on. What’s new about A.I. is that this technology isn’t simply replacing human activities, external to our bodies; it’s also replacing human decision-making, inside our minds.
The challenges created by this novelty should not obscure the fact that A.I. itself is not one technology, or even one singular development. Regulating an assemblage of technology we can’t clearly define is a recipe for poor laws and even worse technology.

For the full commentary, see:

ANDREW BURT. “Leave Artificial Intelligence Alone” The New York Times (Friday, January 5, 2018): A27.
(Note: the online version of the commentary has the date JAN. 4, 2018, and has the title “Leave A.I. Alone.”)

Regulations Threaten Precision Medicine Innovations Against Cancer

(p. A15) The federal government is threatening to limit treatment options for doctors fighting cancer.
. . .
At issue is whether reimbursements will be available to most physicians, hospitals and patients for a diagnostic technology known as next-generation sequencing. A cornerstone of the emerging field of precision medicine, NGS tests analyze molecular changes that occur in cancerous tumors and show up in biopsies.
. . .
Under the proposed policy, only one of hundreds of laboratories that currently offer NGS testing would meet all the new reimbursement requirements. The policy would in effect force clinicians and institutions to send all NGS testing to a single vendor, Foundation Medicine .
This is unfair to cancer patients. The proposal would result in a monopoly, allowing price manipulations, decreasing quality, and potentially contributing to market failure. It would turn the entire genomic-testing industry upside-down. The FDA is already unable to keep up with advances in precision medicine. Restricting access to cutting-edge molecular testing would stifle growth in precision medicine at approved testing sites nationwide. The limits could prevent desperately needed innovation, setting back progress in genomic testing and oncology by at least a decade.

For the full commentary, see:
Olivier Elemento. ”A New Regulatory Threat to Cancer Patients; Washington may impose needless limits on genetic testing.” The Wall Street Journal (Mon., Feb. 26, 2018): A15.
(Note: ellipses added.)
(Note: the online version of the commentary has the date Feb. 25, 2018.)

NYC Fee for Plastic Bags Is “a Tax on the Poor and the Middle Class”

(p. A18) The ubiquitous, easily torn, often doubled-up plastic bags from the grocery store — hoarded by dog owners, despised by the environmentally concerned and occasionally caught in trees — will soon cost at least a nickel in New York City.
The City Council voted 28 to 20 on Thursday to require certain retailers to collect a fee on each carryout bag, paper or plastic, with some exceptions. Mayor Bill de Blasio has expressed support for the measure.
. . .
Mr. Bloomberg offered a proposal in 2008 for a 6-cent bag fee — 5 cents for stores; a penny for the city — before dropping it several months later amid strong opposition. At the time, one of the opponents on the Council was Simcha Felder, a Brooklyn Democrat who is now a state senator. Last month, Senator Felder introduced a bill that would prohibit the levying of local fees on bags; it passed a committee this week.
In discussing his opposition this week, Mr. Felder traced the 200-year history of how people have carried their groceries home, progressing from cloth bags to boxes to paper to plastic, and said that reusing bags presented a health hazard. He said he would hold a hearing on his bill in the city next month.
“That’s nothing less than a tax on the poor and the middle class — the most disadvantaged people,” he said.
Opposition to the measure has also come from the plastic bag industry — via its lobbying arm, the American Progressive Bag Alliance — as well as from those who, like Mr. Felder, said the fee amounted to a regressive tax, disproportionately affecting low-income and minority New Yorkers . . . .

For the full story, see:
J. DAVID GOODMAN. “Council Approves a Fee on Checkout Bags.” The New York Times (Fri., May 6, 2016): A18.
(Note: ellipsis added.)
(Note: the online version of the story has the date MAY 5, 2016, and has the title “5¢ Fee on Plastic Bags Is Approved by New York City Council.”)

With Cuts in Red Tape, Firms Invest More

(p. A1) WASHINGTON — A wave of optimism has swept over American business leaders, and it is beginning to translate into the sort of investment in new plants, equipment and factory upgrades that bolsters economic growth, spurs job creation — and may finally raise wages significantly.
While business leaders are eager for the tax cuts that take effect this year, the newfound confidence was initially inspired by the Trump administration’s regulatory pullback, not so much because deregulation is saving companies money but because the administration has instilled a faith in business executives that new regulations are not coming.
“It’s an overall sense that you’re not going to face any new regulatory fights,” said Granger MacDonald, a home builder in Kerrville, Tex. “We’re not spending more, which is the main thing. We’re not seeing any savings, but we’re not seeing any increases.”
. . .
(p. A10) Only a handful of the federal government’s reams of rules have actually been killed or slated for elimination since Mr. Trump took office. But the president has declared that rolling back regulations will be a defining theme of his presidency. On his 11th day in office, Mr. Trump signed an executive order “on reducing regulation and controlling regulatory costs,” including the stipulation that any new regulation must be offset by two regulations rolled back.
That intention and its rhetorical and regulatory follow-ons have executives at large and small companies celebrating. And with tax cuts coming and a generally improving economic outlook, both domestically and internationally, economists are revising growth forecasts upward for last year and this year.
. . .
. . . economists see a plausible connection between Mr. Trump’s determination to prune the federal rule book and the willingness of businesses to crank open their vaults. Measures of business confidence have climbed to record heights during Mr. Trump’s first year.
. . .
“We have spent the past dozen years or longer operating in environments that have had an increasing regulatory burden,” said Michael S. Burke, the chairman and chief executive of Aecom, a Los Angeles-based multinational consulting firm that specializes in infrastructure projects. “That burden has slowed down economic growth, it’s slowed down investment in infrastructure. And what we’ve seen over the last year is a big deregulatory environment.”
. . .
The White House sees its efforts as having their intended effect. Mr. Trump boasted about his deregulatory efforts last month at an event where he stood in front of a small mountain of printouts representing the nation’s regulatory burden and ceremonially cut a large piece of “red tape.”
The chairman of the White House Council of Economic Advisers, Kevin Hassett, said in an interview that the administration’s freeze on new regulations, in particular, appeared to have buoyed confidence. Though he cautioned that it could take years of research to pin down the magnitude of the effects, he said deregulation was “the most plausible story” to explain why economic growth in 2017 had outstripped most forecasts.
“Our view is, the ‘no new regulations’ piece has to be more powerful than we thought,” he said.

For the full story, see:
BINYAMIN APPELBAUM and JIM TANKERSLEY. “With Red Tape Losing Its Grip, Firms Ante Up.” The New York Times (Tues., January 2, 2018): A1 & A10.
(Note: ellipses added.)
(Note: the online version of the story has the date JAN. 1, 2018, and has the title “The Trump Effect: Business, Anticipating Less Regulation, Loosens Purse Strings.”)