Transcript of the above video: 

People often ask, especially in professional circles, they kind of want to know about my past and understand how I have been able to do what I have done in my career, and then I have ended up where I am. Especially here recently I've made some videos where I really frankly I have issues with foreigners, especially fake ones, just overtly fake, total frauds operating out here. And then there are kind of these folks that like sort of sit in the gray where they have some kind of qualifications that might - again depending on circumstances - be appropriate for what they do if they were in the US, but here in Thailand it's not appropriate. People have sort of been like "Well isn't that hypocritical of you?" No, it's really not because, like I had to walk a very, very, narrow path to get to where I have gotten. So, for example, I only operated in US Immigration Law for like a decade, okay, because that's exclusively American subject-matter jurisdiction, I mean that is US Law. Tax Law is similar. 

Now unfortunately, we've had those who would like to try and blur things with regard to Tax Law, but I am going to leave that where it's at, I've done other videos talking about it; I am not going to talk about tax specifically right now. What I am talking about though is the breach, and the difference between what I would like to call sort of affirmative, how did I put this, Affirmative Legality - you could also say Affirmative Rights - versus Negative Liberty or Negative Freedom, okay. What are we talking about? If you go back and you look at Positive Freedom versus Negative Freedom or Negative Liberty - I talked about this during COVID - it's basically the right to be left alone; it's basically the right that nobody else can affirmatively bother you about whatever it is you are doing. A lot of Thailand operates paradigmatically on the notion of Negative Liberty. What are we talking about? Again, Thais are 'live and let live' as a people. As long as you're not bothering anybody, you can do whatever.

Now as we have discussed in other videos, there are for example restricted occupations here in Thailand. Now your average Thai doesn't know exactly what the rules are or anything like that and your average Thai is not really trying to bother anybody. Neither is the system designed to really infringe upon Negative Liberty - as a matter of course it's not designed that way. But, if you're a foreign national here, you are not accorded the same affirmative legal rights as a Thai. It's similar to my wife for example really enjoys going back to America, because when she's in America, nobody ever asks her where she's from. In Thailand, people sometimes will ask her, "where are you from? your accent or this, that and the other thing." In America, people just presume you are an American; it's just sort of the way it is. In Thailand it's similar. It's presumed you have the Negative Liberty if you will, to do whatever, because that's sort of an inherent Liberty associated with Thainess basically. But where you are talking about a foreigner here, they don't have those inherent privileges and immunities that a Thai does, they just don't, so you can't use the same analysis when you're analyzing what a Thai does versus what a foreigner does. This comes up in my particular specific case situation all the time. People will say stuff to me like, "well you say XYZ", I'm Thai. I know that bothers people but not only was it a plenary act making me Thai, which changed the nature of me in fact here in Thailand, but it's a legal fact if you will, insofar as I'm a Thai national, I don't have to deal with things like the Foreign Restricted Occupations here in Thailand. Foreigners do. There are some instances where Negative Liberty acts like a penumbra if you will over whatever activity somebody is engaging in. For example, you have a Work Permit in Thailand; you're a Managing Director and you do XYZ in the operation of your duties. Could you get a Work Permit that specifically said, 'guy who picked up box and moved it into the back office'? No you're never going to get a Work Permit that says that. But the penumbra of Negative Liberty associated with your Managing Directorship says yeah, it's not unreasonable that when the Managing Director walks into his office and there's a box of magazines or t-shirts that they bought for the company, that he picks up the box and takes it into his office. It's just one example of this penumbra. 

The point I'm trying to make though is in the breach, there are times when Negative Liberty operating is appropriate; there are times when the law has affirmatively spoken to the restrictions on foreigners. And in matters for example pertaining to restricted work occupations here in Thailand, the law has affirmatively spoke and there is a very big difference between foreigners occupying the sort of “breach” if you will, the gray area, and operating in contravention to explicit restrictions, as opposed to those who may be doing something that the law hasn't spoken to on or whatever, yeah fine they are operating in a sort of gray area, they're operating under sort of Negative Liberty. We haven't affirmatively said you can't do that, therefore effectively you can. Again, that's not the analysis for somebody who is a foreigner overall, especially where there has been codified law that restricts certain activity.