Mish's comment, with a very good email from a correspondent:

http://globaleconomicanalysis.blogspot.com/2008/09/peak-insanity-sec-pla...
Peak Insanity: SEC Plans to Temporarily Ban Short-Selling

Every time I think the height of insanity has been reached I have been proven wrong. My new official statement is: "There is no upward limit on insane actions by Congress, the SEC, the president, or for that matter anyone else."

I guess we are seeing cognitive dissonance on a grand scale. Makes you wonder what will happen when the consequences of an accelerating decline in net oil exports begins to sink in. Reminds me of an Ayn Rand quote, "One can evade reality, but one cannot evade the consequences of evading reality."

I think it would be fair to chalk one up for the extreme Doomers at this point.

Buuuut buuut Bush got on TV today and assured us that all was well.

Speaking as a doomer I still have hope I'm wrong but on the other hand the only solution I could come up with that would not lead to a crash was a systematic winding down of our oil economy and transition into a sustainable economy any and all attempt to prop up the system will result in a crash.

And this time I'm confident enough to say will not can.

And probably more important for us the nature of the problem with its complexity and feedback loops prevents timing the situation we could crash in a few months or a few years.

What your seeing now is one aspect of the problem that makes timing difficult feedback problems like stopping short selling obfuscate the real problem. We have seen in oil that prices are not responding in a normal manner and various government reports on the status of production and stores has become increasingly questionable.

Expect the misinformation and resulting mistaken moves by whats left of a open market to result in swift changes once the truth can no longer be hidden. This is a critical part of the collapse of complex system
lies play a integral part of the process.

You can think of this as a physical problem a structural member in a airplane with hairline cracks lies about its state in a sense since most measurements cannot distinguish it from one that is sound. This concept of misinformation does not require humans. Another example is a snow field on the verge of avalanche its almost impossible to detect much less time. Humans of course use a more blatant form of lie making even obvious problems opaque to many but thats just icing on the cake.

Shorts are the only people buying when a stock is falling without them stock values can and will head quickly to zero as sellers panic once they realize that there are no buyers at any price.

Good luck to all and maybe in 5-6 years we can use HL to figure out when peak oil should have been.

Sigh....Naked Short Selling (NSS) has always been against the law; it's just that the law hasn't been enforced for the last 40+ years. I pointed to this issue soon after becoming a member of theoildrum collective 3+ years ago. Some found the issue interesting and pursued it; and since it's mostly off topic, I rarely revisited it. NSS cost me about 1 million dollars. Actually, the equity was stolen through fraudulent stock manipulation primarily consisting of NSS. Legal short selling is another matter all together different, primarily because it's legal when executed correctly. I believe very strongly that our current financial malaise started with 2002's massive increase in predatory NSS, which many complianed about, and offered eveidence for, to the SEC, which proceded to protect the lawbreakers. I repeat, the SEC colluded with billions of dollars in NSS that ruined many investors and started the current unraveling of the financial world.

There are quite a number of people who were making 7 and 8 figures that are responsible for the current financial mess. Yes, everything happening now would never have happened if the laws and regulations were enforced. The propaganda system wants to ensure few people understand that fact.

If there's a hero in this, it's Patrick Byrne, CEO of Overstock.com, who almost singlehandliy took on the NSS pirates. Then there's the mysterious Bob O'Brien, aka theeasterbunny, aka dirtydirtydeeds, and some select others, who helped to form the National Coalition Against Naked Shortselling--NCANS. The blog and message board war carried out against the paid bashers of the NSS hedgefunds was intense and heated at times--I mean how often do you get to "debate" the people stealing your money, who know what they're doing is illegal and almost boast about they're freely breaking the law. (PDF letter from NCANS to SEC outlining position and complaints against NSS and "RReg SHO.")

It has been long standing Republican ideology that government is the problem. One should not be surprised that when such people are placed in positions to enforce the law they do not do it. The Bush administration only enforces laws that suit it. It ignores the Constitution using fear, flag waving and patriotic rhetoric to justify things that would have been unthinkable years ago.

I find it odd why NSS was not balanced with Naked Long Buying where one could buy stocks that don't exist. Maybe it would have made the fraud so obvious that even the government hating and rule of law despising Republican officials could not ignore it.

In any case I find the concept that things that are borrowed can be sold to be rather bizarre. If I rent a car and try to sell it, I would expect to be arrested. If I borrowed a friends tool and sold it, it would probably be the end of the friendship.

While short selling may make for market liquidity short term, I doubt that there is a long term benefit to it except to market makers and those specializing in it.

There are many markets that are liquid with out short selling. The labor market comes to mind. Clothing markets don't have short selling and yet no one runs around naked. Same thing goes for food items not trading on the commodity exchanges.

Short selling facilitates the market makers and the flipping of financial assets quickly. It helps to create fast market conditions where long term investment is held in contempt because no one is committed to their investments. If investments were less liquid like real estate, people would likely not be so flip about buying a particular stock or commodity.

Volume of trades would slow, much to market makers dismay, but financial decisions would hopefully become more sound since buyers would be committed for longer time periods due to illiquidity. There would still be ups and downs as in the current housing market, but I doubt the world would come to an end or that markets would cease to function.

"In any case I find the concept that things that are borrowed can be sold to be rather bizarre. If I rent a car and try to sell it, I would expect to be arrested. If I borrowed a friends tool and sold it, it would probably be the end of the friendship."

Wrong analogy. Its not a car or a tool, its a cup of sugar. I borrow it from you, to pay back tomorrow (plus a small fee). I'm guessing sugar will be cheaper tomorrow than today, so I sell today, and buy it back tomorrow. After I pay you the fee on the loan, I pocket whatever difference is left. Of course if I guess wrong, I have to pay more than I sold it for (or at least enough that I can't cover the interest I'm paying you without losing money)

Naked short skips the borrowing part. I find a buyer who wants sugar. I offer to sell him some at slightly under current price, if he waits till tomorrow for delivery. Since I don't actually own any sugar, I take my contract to the bank, show them that he's gonna pay me this much tomorrow, get a loan, and then use that to buy sugar at the last minute. Again I'm gambling that sugar will have dropped enough to give the buyer the discount, pay the interest on the short-term loan, and still leave some profit for me.

Either way, since some sugar didn't get purchased today, the odds are good that the price will drop slightly tomorrow. If we all do this, we can artificially push the price down (and then yo-yo it back up as we all try to cover our shorts, leaving the last few guys hung out for a loss)

I would describe the benefit of short selling as follows: Two parties - A and B. A owns a stock at price C. B owns none. B implicitly acknowledges the validity of price C by not buying at that price and by not selling at that price. B can only sell by a short sale since B does not own the stock. If short sales are blocked then, when B no longer acknowledges the value of C, C does not directly adjust in response. The market in the stock becomes illiquid. A eventually loses confidence in price C and sells to run away from the uncertainty.

we can argue about the benefits of short selling until we are blue in the face. given a long time horizon I might agree that short selling doesnt add a huge amount to the market. but given a long time horizon, the market doesn't add happiness or well-being to the planet or it's denizens. the issue at hand is there are hundreds of funds with trillions of dollars at their disposal - changing the rules of this magnitude is like a big ocean wave hitting a river canoe - it will teeter - it will rock back and forth, and its a coin flip whether if will capsize.

same here

basically a load of guys are just betting something is overvalued..

is it or isn't it?

are all those mortgages correctly valued or not?

I would agree with Karlof on NSS. In general, some regulation and oversight is necessary and SOME authority needs to step in take proactive action as in the well-known case of overstock.com. The repeal of Glass-Steagall was another 'free market' disaster.

Stiglitz: The globalization agenda has been closely linked with the market fundamentalists -- the ideology of free markets and financial liberalization. In this crisis, we see the most market-oriented institutions in the most market-oriented economy failing and running to the government for help. Everyone in the world will say now that this is the end of market fundamentalism.

In this sense, the fall of Wall Street is for market fundamentalism what the fall of the Berlin Wall was for communism -- it tells the world that this way of economic organization turns out not to be sustainable. In the end, everyone says, that model doesn't work. This moment is a marker that the claims of financial market liberalization were bogus.

Karlof1,

I feel your pain on the naked short selling issue. As you say it's simply a case of ordinary fraud. Even the most libertarian, laissez-faire free market proponents recognize that the government has a policing role in preventing fraud. I think that part of what happened is that selling short is conceptually slightly difficult for the average person (even more difficult for politicians). Since selling short in futures markets is completely normal, fair, and integral to the central concept of futures markets, somehow it's not obvious that shorting equities is not strictly analogous to selling commodities contracts into the future. If you allow shorting of a common stock without borrowing it, it’s functionally equivalent to counterfeiting the stock and selling it on the open market.

However, I think that an explanation of the current financial meltdown is incomplete without considering the unprecedented credit expansion. In his book Money, Bank Credit, and Economic Cycles, Jesus Huerta Desoto gives an interesting historical overview of the phenomenon of boom and bust credit cycles caused by bankers using fractional reserve banking. It's been going on since antiquity and is always characterized by bankers co-opting the political system to create inflationary booms followed by busts. In fact, the current debacle is only unprecedented in its scope. The grand scale of this boom and bust seems to me like an outgrowth of digital information processing. There is no way that the bookkeeping required for the massive de novo creation of financial derivatives could have been done without electronic digital processing and storage. This issue is currently mostly framed in political terms but it seems to me that it is largely a technical problem of how to regulate fractional reserve banking in an era where the "moneyness of credit" (to quote Doug Noland) has taken money creation out of the hands of central banks.

"when peak oil should have been."

I don't get this memmel ? It sounds like what I would expect from Danny Boy "Jerkin" Yergin. But CERA's pRojeCTions were based on BAU + Technology saving the day.

The past few weeks look like RIP for "BAU."

This Current Stunt in the markets looks like one Major Mileston for Bakhtiari's T1 Phase of Transition.

''The problem is that we now are in 'Post-Peak' mode, and that none of [the pre-peak assumptions] above applies anymore.

'But even during that rather benign T1, the unexpected might become the rule and the orderly 'Pre-Peak' rapidly give way to some chaotic 'Post-Peak.'"

http://www.moneyweek.com/investments/commodities/why-we-must-take-peak-o...

I'm predicting a war with Iran in the near future. These market moves will have a negative impact on the oil industry and future projects well beyond the current price decline. Even if I'm wrong about war with Iran in the short term in the longer term the chance of war in the world just went up 1000% fold.

These above ground events and others will serve to disrupt supply and to some extent demand over the coming years masking the geological potential production. In many cases producible oil will be left in the ground because of war.

This is what I mean by we will never know. We may never pump oil at anything like the current rate literally any day now. And we may never return to the point that we ever again extract oil at its maximum rate.

In my opinion these above ground factors have probably resulted in and effective peak geologic or not I doubt we ever pump as much oil going forward as we are right now. But on the same hand we will never know when the real i.e geologic peak happened.

These above ground events and others will serve to disrupt supply and to some extent demand over the coming years masking the geological potential production. In many cases producible oil will be left in the ground because of war.

This is the key point, imo. I've always maintained that once Peak Oil became an established reality, it would be the geopolitical environment - in reaction to that reality - that would determine the fate of the industrialized world.

It will be the moves that nations make which will ascertain how the remaining supply of oil will be dispensed, not the total quantity of recoverable oil itself. Thus, PO, though a highly significant factor in the coming demise of this global society, will not be the determinative one. When all is said and done, significant amounts of oil will forever lie untouched, as mankind starts all over again.

I understand the idea of a chemical phase transition but struggle to map this to time periods -does Bakhtiari's 'Transition' indicate a brief period of economic dislocation as we move between periods or does it refer to the periods between these dislocations?

E.g. if transition 'T1' is now (2008) and T2 is in -say- 2012 then what is 2005-2007, 2009-2011 refered to as? (or does it mean T1=upto 2008, T2=2008-2011, etc.)

[Remember that he thinks the transition periods relate to shifts of ever increasing decline rate and the shockwaves that this will cause...]

Nick.

Yes, the late, great Dr. Bakhtiari's Transition was based on the timing of peak and subsequent increasing rates of decline.

The exact timing for each phase was left vague, but each refers to a period in oil production history. The economic and geopolitical dislocations occuring would be symptoms of the "phase change" taking place.

Thermodynamic phase transtions might work pretty well as an anology- from ~2005 through the present we've been at Peak Production, or the Melting Point... and as we have been witnessing, our world economy and geopolitics are Melting.

I wonder what the period covering the Boiling Point will be like.

Speaking as a doomer I still have hope I'm wrong but on the other hand the only solution I could come up with that would not lead to a crash was a systematic winding down of our oil economy and transition into a sustainable economy any and all attempt to prop up the system will result in a crash.

Aren't you forgetting Pixie Dust? Oh, looks like Captain Hook has captured Tinkerbelle and Peter Pan has left Never Never Land. Oh well...

Apologies I'm replying to this page which I'm very behind with reading, but this looks like a serious misunderstanding:

Shorts are the only people buying when a stock is falling without them stock values can and will head quickly to zero as sellers panic once they realize that there are no buyers at any price.

But shorts don't buy, instead by definition they do the opposite and sell. And they cause the price of that particular thing to fall faster not slower.

I think it would be fair to chalk one up for the extreme Doomers at this point.

Ok, a point for the doomers.

Two things are infinite: the universe and human stupidity; and I'm not sure about the universe.

-- Albert Einstein

Maybe they could outlaw poverty, unhappiness, and Britney Spears while they are at it... :)

Einstein? Ho, he puts him up as an authority! That bugger never even got it clear in his head, never understood, gravitas! I mean look at that hair, strictly hippie wananbe! Didn't get it even generally!

Come on, he got it "relatively".....

(collective groan)

sorry, couldn't help myself....

Mash
Father, Farmer, Doomer, Engineer, Drummer.