Politics

To fix gerrymandering, a test is needed -- or an interstate compact

One of the key flaws in the US political system is gerrymandering. I have written about this before even proposing my own method of redistricting, but such proposals only have a limited utility.

In this article I present why court solutions have had trouble, and a potentially new approach using an interstate compact.

Gerrymandering is particularly bad in the USA, but it’s a general “bug” in many democratic systems. The flaw is often summed up with the phrase “The politicians pick the voters instead of vice versa.” When the incumbent legislators and parties can draw the districts, they can bias the system heavily in their favour. In the USA, the house of representatives is currently highly biased towards the Republican party. It is often cited that the Republicans won 49.9% of popular votes for congress but got 55% of the seats. You can’t actually add the individual house votes, because people vote (or rather stay away) differently in safe districts than they do in contested one, but the margin is large enough that the trend is clear.

This is in large part due to Operation Redmap which is documented in the book Ratfucked. It truly fits the description “fiendishly clever plan” and exploits the bug to the level of making it close to permanent.

How districts are drawn is left to the states both in the constitution and the law. Some states have moved to create more fair districting rules, the sort of rules you would make up if you were doing it from a nonpartisan standpoint. However, the hard fact is that those states which do this are chumps. It does not make the system more fair if one side stops cheating — and I do think of gerrymandering as cheating — and the other side keeps on cheating. It just assures victory for the cheating side going forward. At the same time, having all sides cheat indefinitely is not a good solution either.

The constitution says very little about districting. In fact, it doesn’t even demand districts! States could have, if they chose, selected their representatives in a statewide proportional vote. Later federal laws, however, have demanded each person have one congress member, which demands geographic districts. About half the states require the districts be contiguous, but the others don’t. The voting rights act and other principles have forbidden drawing the lines on racial or minority grounds, but not on the grounds of “this helps incumbents keep their seats” — that’s still largely within the rules.

In any event, as long as gerrymandering is benefiting the GOP, they are not going to commit political suicide to remove it. States controlled strongly by one party or the other will resist willfully hurting their own parties, though there are exceptions when states have ballot resolutions. The supreme court ruled, barely, that the public can supersede the legislatures on this matter with a ballot proposition, and so that has happened. While the public belong to parties, they are actually more interested in fairness than party loyalty.

A constitutional amendment could fix this, but that’s not going to happen. And strong federal law could probably fix it, but that’s not coming from houses controlled by the people which benefit from the cheating.

As such, the solution can only come from the courts, or ballot propositions in a balanced set of states.

A good summary of the rules around districting in the different states can be found at this site.

But it’s not actually fair play, say the courts

Justices of the supreme court have reportedly all denounced gerrymandering to cement political control. They agree that it violates the principles of the constitution of one person one vote and equal protection, as it effectively eliminates for partisan reasons the voting power of many. Even agreeing with this, for now they feel powerless to stop it.

We can all see gerrymandering happen, but for the courts to do something about it, they would need to define fair and unbiased test which says when it is happening. This is hard, as courts are reluctant to write sets of rules like that — that is the province of the other branches of government. Courts don’t make the rules, they just decide if people are playing fairly by the rules that the other branches created.

So while it’s easy for you or I to propose fair rules for districting — rectangular districts or my own convexity test above — these just aren’t the sort of rules courts are willing to make up. You can’t extract them from the constitution. A court can look at a crazily shaped district and know “this is unfair” but it has to come up with a way that the states can objectively know what is fair and what isn’t, without being the author of its own rules.

One proposed rule that’s been advocated is the voting efficiency gap. Here, they try to measure how many votes were “wasted” because of district design. If a district went 80% for one party and 20% for the other, 30% of party A’s votes are wasted, and20% of party Bs, and the difference between these numbers tells how biased that election was.

It’s a nice test but one can see immediate flaws. For example, in a state biased 55% to 45%, a “perfect” districting where every district has the same balance as the state would result in 100% of seats for the dominant party. Since one party is strong in cities and the other strong in the country, any geographic set of districts is going to have these “inefficiencies” with inner cities voting 80% Democratic in the same state as a rural district votes 80% Republican — without any intent to cheat in how the lines are drawn. As noted, proportional non-geographic districts are not going to happen.

The courts, if they are to help us, need a test which will clearly let them tell states, “If you don’t draw your districts to match this test, they will be ruled invalid.” It’s easy to come up with fair, non-partisan tests to use, but the problem is that it is easy and so there are several you could use — and why should one be chosen over another? The legislatures can choose one option from many, but the courts are not to be arbitrary in that way. Their test has to clearly match some principle they find in the law.

You can propose convexity, or straight lines, or random selection — but none of them answer the question of “why does the law demand that particular one, vs. another?” They will ask this because any system, even if non-partisan, will benefit one party more than a different choice and thus have the appearance of being chosen from the pool for a partisan reason. And perhaps more than the appearance.

Ballot propositions and a State Compact

Individual states deciding to play fair just cede their power. Perhaps another option is possible — through a compact of states dedicated to fair districting.  read more »

Only the Republicans can bring down Trump

Sooner than most expected, the Trump administration is in trouble. Many are talking about how to end it, or hasten that end.

  1. The Democrats don’t have the power to take down Trump prior to 2020. Not even after 2018.
  2. The revolt against Trump almost surely has to come from within his own party.
  3. While many Republicans dislike Trump, revolt within a party is extremely difficult and goes against all party instincts.
  4. Republicans will strongly resist fighting Trump as the left would like, or in a way which benefits the left.
  5. As such, the more the left approves of a method of fighting Trump, the less likely it is the Republicans would use it.
  6. This suggests a very different anti-Trump strategy than the obvious one followed by most.

Many in the GOP would prefer not to have Trump, and are ready to be disloyal to him as their leader. They are not, however, prepared to be disloyal to their party and their movement. Career party members of both sides often will put loyalty to party ahead of loyalty to country, even though they would never admit that. This means that if the GOP does this, it must be for their own reasons, not the left’s, and it must clearly not appear to serve the left except in the broadest way.

This creates a conundrum for the left fighting Trump. If they rally around something, such as a Trump error, they push the right to reluctantly defend Trump on that issue. Many GOP can’t stand Trump but support him because the alternative is victory for the left, and injury for their party. As such, the best strategy for the left may be to pull back, or stick only to issues that are clearly their own.

The Democrats might consider strategies that are victories for the GOP. Conceding important items in congress in exchange for impeachment. The Republicans know the Democrats will vote for impeachment, so only a minority of Republicans need support it, but for them, a party divided like that is no victory. This may mean offering support for portions of Pence’s or the party’s agenda. Something so that the entire GOP can see it as a victory for their party. The Democrats lost in 2016, and they must accept that, and give up the hope that Trump’s fall would be good for the Democratic Party. They must accept only that it will be good for the country and neutral, or even slightly negative for the party.

It’s a common human foible but politicians cringe from ever admitting they were wrong. Those who supported Trump, even holding their noses, won’t see themselves as having failed. They won’t go, “Oh, you Democrats were right, sorry about that.” The reason will need to be something new, something few people knew or talked about before now. People are just less likely to do the right thing if they know it’s what their opponents want them to do.

The Democrats, however, are not a cohesive force. Even if “hold back and let the GOP do it” is the right plan, they will not embrace it in large numbers. Thus they will slow down the fall of Trump. This was a frequent mistake made during the election — the unprecedented level of contempt by the left for Trump and in particular for Trump supporters brought the Trump supporters together and made them stronger, rather than weakening them. It was a strong contributor to the Trump victory.

This advice does not mean, “Only complain about Trump in a way that the right-wing will understand.” Normally that is the best approach. Here, the problem is that as soon as a complaint is seen as coming from the left, there will be resistance to acting on it.

2018

Some hold out for a change of Congress in 2018. It is quite normal for the President’s party — especially an unpopular President — to lose seats in the mid-terms. Unfortunately, the senate seats up in 2018 are far from likely to swing the senate to the Democrats. In fact, only 9 Republican seats are up for re-election with only Nevada at risk, and many of the Democrat incumbents are in pro-Trump states. It would take an immense voter revolt to not have the Senate become more Republican. In the House, Operation Redmap has assured Republican control short of a very major shift, and it also seems to mostly assure — absent some sort of court ruling against Gerrymandering — that they will get to draw the lines again in 2020 and continue it for another decade.

The Deep State

One group that can take down Trump aside from the Republicans is the intelligence agencies. Many speculate that this is already underway. This is extremely troubling to me. A coup d’état by the intelligence agencies is still a coup, even if it meets some test of “being a coup that needed to happen.” This is a bad precedent because the truth is the intelligence agencies have deep dirt on everybody, so it becomes up to them to decide which coups need to happen and which don’t. (Indeed, we saw the Russian agencies use this power already.)

There are already checks and balances for this. If the agencies find evidence of treason or malfeasance by one branch, they should present it to the other branch to act. All evidence should go to the congressional intelligence committees. But that means that again, the Republicans must decide whether to take down their own.

The Press

The press can play a role, but mainly the right-wing or right-of-center press. Again, it is their criticism of Trump that would enable the Republicans to break party loyalty, not criticisms found in media even perceived to be left or otherwise inherently anti-Trump. This is one reason Trump has worked to push more media into that classification, because it means their attacks will not be respected by his base and his party.

Trump’s base is not the mainstream GOP

The strongest counter to this approach is that Trump won the GOP nomination (and election ) due to support outside the mainstream GOP, merged with support from the party-loyal factions in the mainstream GOP. He has a tool to use against his opponents within the mainstream GOP, the same tool he used to defeat them in the nomination process. So even they must take care, for while they care most about alienating their own base, and least about alienating the progressive left, they are worried about alienating the “outsider right” contingency that Trump stumbled upon. They ideally want to be seen as having done the best thing for the party and the country in any efforts they make to block, or remove, the President.

On voting, sampling, measurement, elections and surveys

Yesterday’s post about the flaws in the so-called “popular vote” certainly triggered some debate (mostly on Facebook.) To clarify matters, I thought I would dive a little deeper about what the two types of Presidential elections in the USA are so different they can’t be added together in a way that isn’t misleading.

These matters are studied both by statisticians, who focus on the science of measurement, particularly of things about groups, and election theorists, who also are interested in that but add the study of votes/polls which do not deliberately sample a subset of a population, but attempt to consider the will of the entire group. Both of them are highly concerned about how to deal with the fact a substantial fraction of the population may not participate.

One way to look at the difference is to consider this: An election is not supposed to be just a measurement. It is that, but more than that it is an action. It is the actual enactment of the will of the voters. While there are government officials who count the votes and report on them, a person is not put into office by those officials. Rather, it is the voters who put the candidate into office through their votes. (In Canada, it’s different. The Queen and her Governor-General technically have the legal power, and they observe how the people voted and invite the winner to form a government in the Queen’s name.)

Because voting is an act, rather than just an expression of opinion, we have come to deal with the non-participators as still acting. By not registering to vote or not showing up, they have still taken an action; they have deferred to the others to select the winner.

We tolerate this, though we don’t like it. Low turnouts reduce confidence in the results, and they also mean that election results can be more easily manipulated through “get out the vote” efforts. On the other hand, we get quite upset when people don’t vote for other reasons outside their own will, particularly if somebody else impeded their ability to vote, or manipulated them into not voting. Both voting and not voting must be acts of the free person.

Election theorists join with statisticians in some ways. All are interested in making sure that the aggregate will that comes from counting the votes most accurately reflects the aggregate will of the voters. We debate the merits of different counting systems. Many feel that multi-candidate ballots/preferential ballots do a much better job than first-past-the-post plurality systems. But in all case the counting system is simply the means of calculating the voters’ will so it can be enacted.

In the US Presidential elections, in spite of what is written on the ballot, the voters are appointing a slate of members of the electoral college. This is done independently in each state. In the swing states, all is as you would expect. Candidates campaign. Major efforts are made to woo voters and to get voters to come out. Voters go to the polls knowing and expecting that their will shall be done. They expect they might be part of the group which gets to designate the slate of electors.

In the safe states, it’s very different. In these states, who the electors will be is already well established from polls and the historical patterns of the state. The voters will picks the electors, but it’s a foregone conclusion. Nobody campaigns. There are no major efforts to get out the vote. There will be other races on the ballots which will bring out voters, who will vote within the known constraints. A decent chunk of voters will also show up because “this is how we do things” and together the knowledge that this will happen seals the fate of the state. On top of that, in the safe states, one knows that if things got so far outside the predicted norms as to make the vote actually close, then long ago the election will already have gone to the unexpected party, which in that situation will win all the swing states and victory. This is particularly true on the west coast, where the result is almost always decided before the polls close, and will certainly be decided long before that in a strange situation. If today’s California came close to going Republican, the rest of the USA would also be going so Republican that California’s shift can’t matter.

People know this, and this makes a big difference. A vote in California is technically an action, but only technically. It’s technically a vote but that’s an illusion. In reality, it can never change the result. It’s only for show. The candidates know it too. Because of that a lot of people don’t even register, and a lot stay home. The vote in California is not an election, but only a measurement. A survey. All it ever does is change the number printed in the paper.

Statisticians know all about surveys. They can be pretty good at measuring aggregate opinion if done well, but it is hard to do them well. The problem is what we call sampling bias. In an election, not voting is an implicit action. In a survey, not participating is just not participating. When there is nothing to gain or lose from participating or not participating, the motivations are different.

In 2016, the average swing state Presidential turnout was 64.6% of eligible voters. California’s turnout was 56.1%, just under the 56.6% average of the safe states. In Hawai`i, which knows the election is always decided before it votes (pretty much always for Democrats) the turnout was 41.7% A lot of people don’t show up.

This turns the safe-state votes into something closer to a self-selected survey. Millions are not voting, and those who are voting do so for other reasons than to enact their will. The self-selected survey is the most common class of what is also called the “non-scientific survey.” The name is intended to be derisive. It is easy to jump to false conclusions from a self-selected survey.

It isn’t that simple of course. The vote in safe states is a mix of actual polling and self-selection. As noted, there are people coming to vote on other races. We know how many of those there are. Turnout in off-year elections is around 40%, sometimes worse. And, as we can see, a lot of people show up because there is a Presidential race, in spite of the lack of power in their votes. Some do it from duty. Some from the excitement of a Presidential race. Many do not understand the impotence of their vote, and certainly many do not look at it the way it is described in this article, with a statistician’s eye. So many are voting as though their vote counted. Many have studied the race in detail, as though their vote counted. I can’t even vote and I study it as deeply as any.

But some vote very differently because they know their vote lacks power. Around 9 million don’t vote at all, who would have voted if they were in swing states. Almost surely many millions of those who do vote will do it differently than they might if their vote counted. But there is also no denying that a considerable majority of the voters are treating their vote as just as real, voting just as they would if it could change things. But a considerable majority is not enough. As long as a large group — even if it’s a small minority, even just 5% — are altering or withdrawing their votes, the total loses scientific validity, and has much larger error bars on it.

It is worth noting that by the normal definitions of a popular vote election, it is invalid to add the results of two distinct elections. There is no question that the Presidential elector selections of each state are distinct elections, run by the states. Even on that grounds you can’t add them and treat it as a popular vote. Because ballots replace the actual candidates (slates of electors pledged to the candidates) with the names of candidates, it makes people forget that they are two distinct elections. Thus it becomes necessary to understand how they are not just distinct because they are in different states, but because they operate on different principles as well.

This is why I wrote that, in spite of the fact that it is possible to sum up the votes cast in the 51 different electoral college contests and call it the popular vote, it is nonsensical to do so. You can’t add the totals from people who were voting with the full power of voters in a popular vote election to the totals from people who were participating in a voluntary survey. Aside from the real accuracy problems of the latter class, they are just different things. They can be added on a calculator, but to do so is to announce a misleading number, a meaningless one. You can call it “the popular vote” but it is not like a real popular vote, the kind used in all the other elections of the USA and most of the rest around the world. Calling it the popular vote makes many people — we’ve seen this — think it has a winner and a loser. They think it has meaning. They think it supports or questions the legitimacy of the winner of the electoral college. Since real popular votes are, in our modern democratic world, seen as superior to systems like the electoral college, calling it “the popular vote” implies to many people that it is superior, when in fact it’s meaningless. It would only be superior if it were an actual popular vote election like the others.

We don't know who won the US popular vote, decent chance it was Clinton

The common statistic reported after the US election was that Clinton “won the popular vote” by around 3 million votes over Trump. This has caused great rancour over the role of the electoral college and has provided a sort of safety valve against the shock Democrats (and others) faced over the Trump victory.

I’m here with concerning analysis, which I offer because it is a mistake on the part of the US left to underestimate the magnitude of Trump’s victory, or to imagine it was only because of a flaw in the system which he gamed better than Clinton.

The problem is that the US does not officially have a thing called “the popular vote.” That exists nowhere in its rules. There is no popular election of the President. Rather, there 54 elections with popular votes in 51 jurisdictions, which newspaper reporters then sum up into a number they incorrectly describe as “the national popular vote.” Of course, Clinton did win that invalid sum by around 3M votes. But bad statistical practice by the press, though it has created a common convention — for many decades — of calling that number “the popular vote,” does not make it valid. True popular votes involve all voters being free and equal, and we criticise any foreign election that pretends to call itself a popular vote when the voters are not free and equal. A popular vote, by its proper definition, is the vote total in a single election. Not 54 of them. As such, the sum is no more a popular vote total than adding the results of the 2008 and 2012 votes would get you a popular vote for or against Obama.

It’s especially invalid because it’s really summing two fairly different types of results.

  1. True Popular vote totals from “swing” states where both candidates actively campaigned, turnout was higher, and voters expected their votes to count
  2. Low-accuracy popular vote totals from “safe states” which candidates did not contest, and where voters knew their vote would not change the result

Statisticians will tell you these are two very different animals. We probably wish we knew who would have won the popular vote, if there had been a real national popular vote. Because there was no such vote, the hard answer is we don’t know what its result would be. In particular, with a statistically invalid sum like the published national popular vote, it is incorrect to say one party “won” or “lost.” There is no actual contest to win or lose, and while you can pretend that a higher total is winning, it is not a mathematically valid conclusion.

We do know that in the 16 contested regions, Trump surpassed Clinton in a simple sum by about 500,000 votes. (As you would expect, since he needed to win the swing states to win the college.) In the uncontested states, where the Presidential choice was closer to a self-selected survey than a vote, a sum of those popular votes has her about 3.4M more than Trump. While you can’t add popular votes, each popular vote is a statistic, and you can combine statistics if you follow correct statistical procedures.

There are many factors which will introduce error into the results from non-contested states, making it harder to figure out what the actual popular vote might have been.

  • Voters knew their votes didn’t matter. Many stayed home; these states had generally lower voter turnout. The states with the lowest turnout (HI, WV, TN, TX, OK, AR, AZ, NM, MS, NY, CA, IN, UT) were generally safe states with large margins. Average turnout in 16 contested states was 65%, in non-contested states 57%.
  • To get specific, a rough calculation suggests 8 to 9 million more votes would be cast in the non-contested states if they had a 65% turnout. This is a giant disenfranchisement.
  • The two candidates had the lowest approval ratings ever. Many Clinton voters were not supporting her, but were out to stop Trump. Trump’s ratings were even lower, so many of his voters were only out to stop Clinton. I suggest that in states where you know your vote will not elect or stop anybody, there is less motivation for nose-holding votes.
  • As noted, campaigns were not active in these states. In some states, like California, Clinton did campaign, though presumably to raise money rather than votes. Having only one candidate campaign skews things more.
  • More safe state voters felt comfortable voting for 3rd party choices, which they would have been less likely to do in a swing state. Many of the 4.6M votes for 3rd party candidates in safe states may have gone to major party candidates, though in what direction is unknown.
  • In some safe states, even the downballot races are predetermined, discouraging voters. In California, the election of Democrats in most down-ballot races was assured; the primary was the real contest. (However, contentious ballot propositions can counter this in some states.)

In the end, though, results from a race that everybody agreed didn’t matter are just a different animal from results in a contested race. You can’t add apples and oranges, or perhaps more correctly, oranges and lemons. Different, though not entirely. You can add them and get a total number of citrus (votes of any kind,) but you can’t call it the count of oranges (real votes.)

In spite of the frequent description of the US vote-total as a popular vote, this is at odds with common usage. The thousands of other elections in the USA are actual popular votes, as are the vast majority of elections in free countries. The US national vote sum, and similar sums published in some parliamentary elections, are the rare exception where an official and incorrect tally gets called a popular vote.

Due to much controversy about this view, I wrote up a more detailed explanation of the difference.

The 1916 election

A century ago in 1916, women could not vote for President in most of the USA — except for Illinois, which recognized women’s right to vote in Presidential elections in 1913. President Wilson did not support suffrage in 1916 but his opponent, Hughes, did, and suffragettes campaigned for Hughes as a result.

Wilson won, but Hughes won Illinois handily, in fact his margin there of 202,000 votes was his highest in any state (and 2nd highest in the land) — in part because the addition of women to the rolls meant Illinois had more voters than any other state. I have to speculate that this margin had to do with women voting for the candidate ready to defend their basic human rights.

Wilson won the college 277 to 254. And he won the so-called popular vote by 600,000 votes. But that “popular vote” in this case consisted of adding the popular vote from states like Illinois where women were human, and other states where they were less than human. Who can defend adding those totals together, cast under such different rules, and calling it “the popular vote” and declaring that Wilson “won” the popular vote in 1916.

Today, the difference between California and other states is not so dramatic as disenfranchising an entire sex. But because Californians are told their vote for President doesn’t matter, the turnout there was 56% and an average of 65% in the swing states. If California had that average, that’s 2.3 million more voters. Millions disenfranchised not because of their sex, but because the system says their vote doesn’t matter. California’s “popular vote” is a sham, and not too different a sham from that of men-only New York in 1916 or “Dear Leader of course” North Korea today. Oh sure, they have something they call the popular vote in North Korea, but the result is known in advance and nobody thinks their vote counts. (And yes, they know they could be punished if they put their ballot in the wrong box.)

You could not add the votes of Illinois and New York in 1916 and call it a true popular vote. You can’t add the results of California’s sham popular vote to Florida’s real popular vote and call it a true popular vote. I mean, people do that, but they should not.

Can we figure it out?

All this said, you could attempt to measure what the vote would have been. We may not have enough data, but we could make some estimates. We know that Clinton led Trump by 3.5% in national polls before the election, but we also know that Trump outperformed those polls by 1.5-6% in many contested states. To really do this would require much more careful analysis than you see in this paragraph, which is written only to show one extreme of what’s possible, and the difference is almost surely less than this from these two states. Full analysis would require looking at detailed voting and polling patterns and an understanding of what motivates people to stay home or vote differently in safe states. vs. swing states, and an understanding of how Trump outperformed his polls so broadly in the contested states. In the other direction, since the 8-9 million missing voters in the safe states are in states that swing Democratic, there are arguments Clinton’s total could have been even higher. However, even with that analysis we still would not really know.

My intuition is that such a result would show Clinton scoring higher than Trump, but not by 3M votes. And the margin of error would include results where Trump wins that popular vote, but this would be the outside condition. Certainly the only hard data on states that were actually contested has him win if extrapolated, but the Democratic party dominance in the big uncontested states is very strong. Also not factored in this is the effect of voter suppression techniques.

I should note to non-regular readers that I am anti-Trump. At the same time, having been shocked several times by underestimating his support, I write this because this underestimation must stop, and both sides need to come to much better understanding of how people voted for or against them, and why.

Split totals

A slightly better approach would be to publish vote totals divided between swing and safe states. Because situations differ so much in the safe states, this is still not super accurate, but it’s a lot better. (I built this from an earlier download so numbers may not match final totals exactly.)

               Clinton       Trump    Johnson       Stein  McMillin   Others
Swing Total 25,946,624  26,423,193  1,783,571     434,433   203,500  351,415
Safe Total  40,582,344  37,227,033  2,770,706   1,031,304   435,055  468,484

It is interesting to note how much better Stein did in Safe states, 130% better. Johnson did 50% better, Clinton 55% more and Trump 38% more

So what should the popular vote be?

One might argue that in an ideal democracy, the popular vote would represent the aggregate view of all voters. Some nations make voting mandatory in order to get this. Australia gets 95% turnout using this technique, but Malta, New Zealand and several other countries get turnout around 90% without legal compulsion.

It might even be argued that a truly ideal democracy would not only have everybody vote, but have everybody study the choices to make an informed vote. We don’t get any of these ideals, and so in the USA it has come to be accepted that the popular vote is the vote totals from those who took the time to show up. The low turnout enables both voter suppression efforts and gives extreme value to successful “get out the vote” efforts, since it is far cheaper to convince a weak supporter to show up than to convince an undecided voter to swing your way.

Some election theorists have actually proposed that the best way to do elections would be to use a random sample, sometimes combined with strong incentives for members of this sample to vote, and possibly to also learn before voting. This seems strange to non-mathematicians but actually has strong validity. (In one variant, the selected electors are known weeks in advance and the campaigns and public interest groups focus their attention on “educating” them, in which case the number must be large so that truly personal targeting is not effective.) In a nation with 90% turnout these techniques make elections much cheaper but don’t affect results much. In a country with 60% turnout which switches to 99% turnout from the randomly selected electors, the result becomes a much more accurate measure of voter will than the current system.

It is also worth noting that the entire popular vote system for President is not in the US constitution, and so alternate systems, including sampling, actually are legally possible if states willed it, though politically unlikely. There are many advantages to sampling: Close to 100% turnout, more informed voters, the possible reduction of massive campaign spending and fundraising and the elimination of voter suppression. Its main disadvantage is that it doesn’t match non-mathematician’s instincts about how an election should work, and the added risk of corruption of the random selection.

In order to get a real popular vote, even one where we total the will of the 60% who show up, it is necessary to get rid of the college. The college could be nullified by a pact between California, Texas and two other large size republican safe states. If just those 4 states agreed to cast all their electors according to a popular vote result, it would be sufficient to make the college match that popular vote. Once it was known that this was the case, all voters would now know their vote counted, and all candidates would campaign in all states instead of just swing states, and we would have a true popular vote result.

The terrible power of computer espionage in our world of shame

I have some dark secrets. Some I am not proud of, some that are fine by me but I know would be better kept private. So do you. So does everybody. And the more complex your life, the more “big” things you have done in the world, the bigger your mistakes and other secrets are. It is true for all of us. This is one of the reasons the world needs privacy to work.

The 2016 US election hack makes clear the big challenge. In a world where everybody has secret flaws, the person who can point the flashlight at their enemies, and not themselves or their friends, has a truly powerful weapon. Now that we conduct our entire lives on computers, those who can penetrate them can learn those secrets.

We’re not good at being intellectual about this. When one house has a big pile of dirty laundry in front, we know intellectually that all the other houses almost surely have a similar pile in the basement. But the smell of the exposed one is clear, and it’s bad, and we can’t keep our minds on that fact. So we can be manipulated, even though we know we are being manipulated.

In this election, we got to see exposed various flaws at the Democratic National Committee. The flaws were real (though on the scale of such things, not overwhelming.) Our gut reaction, though, is to feel, “it doesn’t matter how we learned this, it’s still bad and not to be ignored.” We feel this even though we know the information was gathered illegally, then disclosed to manipulate us. That’s because generally we do and should love whistleblowers. They are usually brave heroes. But what we learn that the whistleblower revealed the secrets not for the public good, not to expose a wrong, but instead cherry-picked what to expose to manipulate us, we must do something else we normally taught is wrong and “shoot the messenger.”

The legal system figured this out long ago. It has detailed rules about how evidence can be collected and used. If those rules are violated, the system attempts to disregard the evidence in its deliberations. Everything that came from the improper evidence is to be unseen, disregarded. People we know for certain who are murderers and rapists are set free because there was something untoward about how we learned it.

The public is incapable of the logical dispassion demanded in the courts. If this can never be fixed, we are in for trouble. There will always be secrets. And now there will always be people with the tools to get at all but the most highly protected ones and selectively disclose them.

Some people believe we can get used to a more fully transparent world, and have no secrets. If we can do that, this weapon is diminished. They hope that if we all see how many secrets others have, we won’t be so ashamed of ours. I am highly doubtful. People will keep secrets. The powerful will be better at protecting them, but the even more powerful will be better at extracting them. The secrets will not be just shameful things but actually illegal things. We live in a world of so many laws that we are all breaking them regularly.

I am not sure I see a way out. This is not simply about Clinton. While everybody is bothered by fake news, this is news which is true, but not the whole truth and not misleading.

In the past I have written about extending the concept of “privilege” to information on our computers. Perhaps this form of invasion of privacy could be viewed the same way socially. That breaking into your computer to disclose your secrets would be like beating up somebody’s priest or lawyer to extract those secrets. If a news story started with, “we bugged his lawyer’s office and heard him confess this crime to his lawyer” we might still be bothered but see it in a different light, and be more bothered by those using the information.

The Electoral College: Good, bad or Trump trumper, and how to abolish it if you want

Many are writing about the Electoral college. Can it still prevent Trump’s election, and should it be abolished?

Like almost everybody, I have much to say about the US election results. The core will come later — including an article I was preparing long before the election but whose conclusions don’t change much because of the result, since Trump getting 46.4% is not (outside of the result) any more surprising than Trump getting 44% like we expected. But for now, since I have written about the college before, let me consider the debate around it.

By now, most people are aware that the President is not elected Nov 8th, but rather by the electors around Dec 19. The electors are chosen by their states, based on popular vote. In almost all states all electors are from the party that won the popular vote in a “winner takes all,” but in a couple small ones they are distributed. In about half the states, the electors are bound by law to vote for the candidate who won the popular vote in that state. In other states they are party loyalists but technically free. Some “faithless” electors have voted differently, but it’s very rare.

I’m rather saddened by the call by many Democrats to push for electors to be faithless, as well as calls at this exact time to abolish the college. There are arguments to abolish the college, but the calls today are ridiculously partisan, and thus foolish. I suspect that very few of those shouting to abolish the college would be shouting that if Trump had won the popular vote and lost the college (which was less likely but still possible.) In one of Trump’s clever moves, he declared that he would not trust the final results (if he lost) and this tricked his opponents into getting very critical of the audacity of saying such a thing. This makes it much harder for Democrats to now declare the results are wrong and should be reversed.

The college approach — where the people don’t directly choose their leader — is not that uncommon in the world. In my country, and in most of the British parliamentary democracies, we are quite used to it. In fact, the Prime Minister’s name doesn’t even appear on our ballots as a fiction the way it does in the USA. We elect MPs, voting for them mostly (but not entirely) on party lines, and the parties have told us in advance who they will name as PM. (They can replace their leader after if they want, but by convention, not rule, another election happens not long after.)

In these systems it’s quite likely that a party will win a majority of seats without winning the popular vote. In fact, it happens a lot of the time. That’s because in the rest of the world there are more than 2 parties, and no party wins the popular vote. But it’s also possible for the party that came 2nd in the popular vote to form the government, sometimes with a majority, and sometimes in an alliance.

Origins of the college

When the college was created, the framers were not expecting popular votes at all. They didn’t think that the common people (by which they meant wealthy white males) would be that good at selecting the President. In the days before mass media allowed every voter to actually see the candidates, one can understand this. The system technically just lets each state pick its electors, and they thought the governor or state house would do it.

Later, states started having popular votes (again only of land owning white males) to pick the electors. They did revise the rules of the college (12th amendment) but they kept it because they were federalists, strong advocates of states’ rights. They really didn’t imagine the public picking the President directly.  read more »

Most voting is about the next election, not this one.

When people vote, what do they think it will accomplish? How does this affect how they vote, and how should it?

My apologies for more of this in a season when our social media are overwhelmed with politics, but in a lot of the postings I see about voting plans, I see different implicit views on just what the purpose of voting is. The main focus will be on the vote for US President.

The vast majority of people will vote in non-contested states. The logic is different in the “swing” states where all the campaign attention is.

In a non-contested state, there is essentially zero chance your vote will affect the result of the election. If you’re voting thinking you are exerting your small power to have a say in who wins, you are deluding yourself. Your vote does one, and only one thing — it changes the popular vote totals that are published and looked at by some people. You will change the total for the nation, your state, and some will even look at the totals in your region.

For minor party candidates, having a higher vote total — in particular reaching 5% — can also make a giant difference by giving access to federal campaign funding, which can make a serious difference in the funding level for those parties.

Voters should ask themselves, whose popular vote total do they want to increase? Some logic suggests that it makes more sense to vote for a minor party that you support. Not because they will win, but because you will create a larger proportionate increase in their total. One more vote for a Republican or Democrat will be barely noticed. One more vote for a minor party will also on its own make no difference, but proportionately it may be 10 times or more greater.

It’s for the next election, not this one

You don’t increase the popular vote totals to affect this election. You do it to affect the next one. Supporting a party makes other supporters realize they are not alone. It makes them just a bit more likely to join the cause, if they believe in it. Most voters don’t understand this “next election” principle, and so while a minor party remains too small to win or affect the election, they are less likely to support it.

This is how most movements go from being small to being large. When a protest movement is small, people are afraid to show their support. When they see a real crowd march in the square, they are now more likely to join the crowd and to let the world see how much support there really is.

As such, the particular platform planks and candidate quirks are almost entirely irrelevant for the non-swing voter. When you’re voting for the next election, you are really supporting only the party and its broad platform, or a basic overall impression of a candidate. I often see voters say, “I could not vote for a candidate who supports X” but they do not realize that is not what they are doing.

The minor parties are particularly bad at this. Most of them like to pretend they are just like major parties. They nominate candidates based on what they say or stand for. They create detailed party platforms. This is an error. A detailed platform is only a reason for people to vote against you. Detailed platforms are only for candidates who might actually have a shot at implementing their platform. Minor party candidates take it as gospel that they should never admit that they can’t win, even though any rational person knows it quite clearly. The reality is that you can know you can’t win the current election, but can more reasonably hope you can step higher and get within range of winning in a future election. Only when this happens should you act like a major party. You almost never see minor candidates say the truth: “Vote for me, not because you can make me win — you can’t — but to show and build support for the ideas of our party.”

I personally would much rather vote for somebody who said the truth like that, but perhaps I am unusual.

As I’ve said earlier, under this philosophy I recommend people in non-swing states consider minor parties that they want to boost. While it is commonly said that voting for a minor party is “throwing away your vote,” I believe it’s more likely that voting for a major party is actually throwing away the vote. The major party vote will not move any needles, not wake anybody up to the existence of these major parties. Because the minor party can’t win, you can vote for it simply to signal that there is support for its core ideas. This is something a voter should consider even when they still prefer the major party more. Most minor parties have bizarre and fringe policies that most voters would not support. Because they can’t win, this is not important. Should they ever get bigger, they will moderate those policies, or they will never make the jump to serious contender. Yesterday the John Oliver show did a funny skewering of minor party candidates but it entirely misses this point.

In addition, as minor political movements gain strength, they get noticed by the major parties. If the Greens got 10% of the vote, you can bet the Democrats would take notice, and try to court those voters. They don’t want the Greens to get so large that they become a potential “spoiler” in the swing states, so they will become slightly Green to prevent that. Once again, how you vote today affects the election of the future.

Polls are good too

Of course, even better is to express these desires in the polls. What you say in polls can affect this election, but primarily polls encourage other people who think like you to come out of the woodwork and express that view. Polls are stage one in the process of gaining critical mass — they lead to actual votes, which lead to more polls and so on. Of course, you only want to express support for a party in a poll if you really want this to happen. You should not lie, but you should not be afraid to show what you really support because somebody convinces you it’s wasted.

What if everybody voted this way?

Some people have said to me, “If everybody voted for minority views the vote might actually become real!” All remember the 2000 Florida election where Greens split out the Democrat vote and that resulted eventually in President Bush the 2nd. That was a swing state. People knew that would be close.

The truth is, the idea that you are voting for the next election is not widely accepted at present. Perhaps in the future it will be strong enough to change a state from non-contended to swing. But not today.

It’s also true that if you leave in a really non-swing state, like California, it is impossible your vote will make a difference. The truth is, if it ever got to the point where California was 50-50 about a choice like Clinton-Trump, then Trump already won long ago in the other states. Solid safe states can’t be the deciding state. (Rare events, like having the Republican candidate be a California governor can turn a safe state into a swing state, but not by surprise.) The only way the truly safe states ever can swing is in an election that’s already settled. The polls will tell you things long in advance.

Can this really work in the USA?

The biggest counter-argument to this approach I have seen is the suggestion that the USA is different, that the two party system is so entrenched that anything else is a waste of time.

In the rest of the world, 3rd parties are very common. They often are players in elections and often no party gets a majority and so coalitions must be formed, where the large party agrees to do some of the agenda of the smaller party to get their support in the coalition. Parties begin small and grow, as described above. Parties like the Greens are now a powerful minority force in Europe. Some countries, like Iceland, have never had a majority party.

The USA has been two-party for a long time, and the two powerful parties tend to make the rules so as to keep it that way. The above federal funding rule is just one example. In Presidential elections, the system requires a majority in the electoral college. A serious 3rd candidate could simply mean the election is sent to the House of Representatives (which is now long term Republican due to gerrymandering.)

There are some approaches that could cause minority political opinion to be able to do more in the USA. The best would be to move states away from plurality methods to multi-candidate voting such as Approval voting or a Condorcet method. These are no rules against a state doing that for any of their elections. They don’t because the two parties like keeping it as two parties. Efforts are underway in the states that have ballot propositions (bypassing the two parties) to make such changes.

What about major parties

This view also can affect your vote for major parties. For example, even though you know your vote in California will make no difference, you may want to make a tiny contribution to public and party perception of how much one party beat another. You may want to support the idea of a landslide or a “mandate.” You might also go the other way, and vote to punish your preferred party (for not listening to you or picking the wrong nominee) by voting for the other major party so that they don’t think they have a mandate. Sanders supporters who hated Clinton would be foolish to vote for Trump in a swing state, but in the safe states they could send this message if they desired. (It should be noted that this does run a very tiny risk of causing the popular vote to not match the college, which doesn’t stop your candidate from winning but sends a very strong message of dissatisfaction, and causes some lessening of support for the legitimacy of the process.)

What about in a swing state

This logic applies much less in swing states. There, your vote might change the state, and there is a very low chance it could swing the election. Now it is worth pointing out that this has never happened in a Presidential election. There’s never been an election where one vote made a difference. Unlike the non-contested states, there is still a chance of this happening. There, you will certainly vote for a major party if you want one, and you might even think twice about doing so even if you love a minor party, since your desire to pick the least of the two evils may exceed your desire to show support for your real values. Here, it is possible for minor parties to split the ballot, and in the view of the major parties, “spoil” the vote. This point is valid, the main error is in people applying this advice outside the swing states.

It is an interesting exercise to calculate just how much effect a single vote has even in a swing state. Again, the probability that a single state makes the difference in the election is already low in most elections, and the probability that this state’s result is within a single vote is also extremely low. On the other hand, if it does happen, then it happens for every voter in the state who voted for the winner — they all made the difference equally.

What is it worth to be able to make your candidate become President? In 2012 it was estimated that donors put in $2.6B, and that was not for a guarantee. For an ordinary individual, one could do research to figure out what it’s truly worth to each voter by trying to ask how much money they would take to accept the other candidate. That will vary from race to race and person to person, but for most people, it doesn’t make a huge difference in their lives who is President. They might feel they will make a bit more money with one, be a bit happier, get more things they care about done, but it’s not worth millions to anybody but business people who think it will majorly affect their business. Throwing out ballpark numbers, let’s assume it’s worth $100,000 to a given individual — and I think that’s actually very high, and of course I know it’s not just about money.

The problem is that the odds of the vote actually making the difference are low. Even a close race usually has a margin of thousands of votes, so the odds of a win-by-one are perhaps 1 in 10,000, and the odds that your state will be the decider are also small. After all, only a few elections have ever been decided by one close state, though Florida of 2000 is one of them and it’s in recent memory. If you judge your state has a 1 in 100 chance of being the decider, then this back of envelope calculation values your vote at just $1 — a one in 100,000 chance of something worth $100K.

One might argue that bumping the popular vote total is worth more. Unlike changing the result (which almost never happens) your vote always changes the popular vote totals, no matter which election or state you vote in. So while the value of that is small, the fact that it always happens bumps its expected value. Would adding 100,000 votes to the Green total in California be worth $100K to the Greens there? I would say it would be far more, suggesting a value much more than $1 per vote.

This may explain why voter turnout is so low.

The social networks could hold great political power due to GOTV. Should they?

The social networks have access (or more to the point can give their users access) to an unprecedented trove of information on political views and activities. Could this make a radical difference in affecting who actually shows up to vote, and thus decide the outcome of elections?

I’ve written before about how the biggest factor in US elections is the power of GOTV - Get Out the Vote. US Electoral turnout is so low — about 60% in Presidential elections and 40% in off-year — that the winner is determined by which side is able to convince more of their weak supporters to actually show up and vote. All those political ads you see are not going to make a Democrat vote Republican or vice versa, they are going to scare a weak supporter to actually show up. It’s much cheaper, in terms of votes per dollar (or volunteer hour) to bring in these weak supporters than it is to swing a swing voter.

The US voter turnout numbers are among the worst in the wealthy world. Much of this is blamed on the fact the US, unlike most other countries, has voter registration; effectively 2 step voting. Voter registration was originally implemented in the USA as a form of vote suppression, and it’s stuck with the country ever since. In almost all other countries, some agency is responsible for preparing a list of citizens and giving it to each polling place. There are people working to change that, but for now it’s the reality. Registration is about 75%, Presidential voting about 60%. (Turnout of registered voters is around 80%)

Scary negative ads are one thing, but one of the most powerful GOTV forces is social pressure. Republicans used this well under Karl Rove, working to make social groups like churches create peer pressure to vote. But let’s look at the sort of data sites like Facebook have or could have access to:

  • They can calculate a reasonably accurate estimate of your political leaning with modern AI tools and access to your status updates (where people talk politics) and your friend network, along with the usual geographic and demographic data
  • They can measure the strength of your political convictions through your updates
  • They can bring in the voter registration databases (which are public in most states, with political use allowed on the data. Commercial use is forbidden in a portion of states but this would not be commercial.)
  • In many cases, the voter registration data also reveals if you voted in prior elections
  • Your status updates and geographical check-ins and postings will reveal voting activity. Some sites (like Google) that have mobile apps with location sensing can detect visits to polling places. Of course, for the social site to aggregate and use this data for its own purposes would be a gross violation of many important privacy principles. But social networks don’t actually do (too many) things; instead they provide tools for their users to do things. As such, while Facebook should not attempt to detect and use political data about its users, it could give tools to its users that let them select subsets of their friends, based only on information that those friends overtly shared. On Facebook, you can enter the query, “My friends who like Donald Trump” and it will show you that list. They could also let you ask “My Friends who match me politically” if they wanted to provide that capability.

Now imagine more complex queries aimed specifically at GOTV, such as: “My friends who match me politically but are not scored as likely to vote” or “My friends who match me politically and are not registered to vote.” Possibly adding “Sorted by the closeness of our connection” which is something they already score.  read more »

Don't throw away your vote on a major party -- vote 3rd party and mean something

It’s common for people to write that those who vote for a minor party in an election are “throwing away” their vote. Here’s a recent article by my friend Clay Shirky declaring there’s no such thing as a protest vote and many of the cases are correct, but the core thesis is wrong. Instead, I will argue that outside the swing states, you are throwing away your vote if you vote for a major party candidate.

To be clear, if you are in one of the crucial swing states where the race is close — and trust me, you know that from the billions of dollars of ad spend in your state, as well as from reading polls — then you should vote for the least evil of the two party candidates as you judge it. And even in most of the country, (non-swing) you should continue to vote for those if you truly support them. But in a non-swing state, in this election in particular, you have an additional option and an additional power.

Consider here in California, which is very solidly for Clinton. Nate Silver rates it as 99.9% (or higher) to go for Clinton. A vote for Clinton or Trump here is wasted. It adds a miniscule proportion to their totals. Clinton will fetch around 8 million votes. You can do the un-noticed thing of making it 8 million and 1, and you’ll bump her federally by an even tinier fraction. Your vote can make no difference to the result (you already know that) and nor will it be noticed in the totals. You’re throwing it away, getting an insignificant benefit for its use.

Of course, the 3rd party candidates had no chance of winning California, or the USA. And while they like to talk a pretend bluster about that, they know that. You know that. Their voters know that. 3rd party voters aren’t voting to help their candidate win, any more than Trump voters imagine their vote could help him win California, or Clinton voters imagine they could affect her assured victory.

Third party voters, however, will express their support for other idea in the final vote totals. If Jill Stein gets 50,000 votes in California, making it 50,001 doesn’t make a huge difference, but it makes 160 times as much difference to her total than a Clinton vote does, or 100x what a Trump vote does. Gary Johnson is doing so well this year (polling about 8% of national popular vote) that his voters won’t do quite as much to his total, but still many times more improvement than the major party votes. Clay argues that “nobody is receiving” the message of your vote for a third party, but the truth is, your vote for Clinton in California or Trump in Texas is a message that has even less chance of being received.

A big difference this year is that the press are paying attention to the minor parties. This year, you will see much more press on Johnson’s and Stein’s totals. It is true that in other years, the TV networks would often ignore those parties. In some case, TV network software is programmed to report only the top two results, and to make the percentages displayed add up to 100%. This is wrong of the networks, but I suspect there is less chance of it happening. Johnson will probably appear in those totals. Web sites and newspapers have generally reported the proper totals.

Does anybody look at these totals for minor candidates? Some don’t, but the big constituency for them is others interested in minor parties. People want a tribe. Many people don’t want to support something unless they see they are not alone, that others are supporting it. Johnson and Stein’s poll numbers are already galvanizing many more votes for them.

This is how third parties arise, and it happens a lot outside the USA. In the USA it has’t happened since the Republicans arose in the 1850s, tied to the collapse of the Whigs. Prior to that multiple parties were more common. Of course, there have been several runs at new parties (Perot/Reform, Dixiecrat and American Independent) which did not succeed. But if everybody refuses to actually vote for the 3rd parties they support because it is viewed as a waste, of course no 3rd parties will ever arise. Having a slim chance at that is one of the things to drive 3rd party voters, because that slim chance still means making a bigger difference than a meaningless extra vote for a major party.

This is how most political change happens. Because people see they are not alone. That’s how small marches and protests grow into bigger ones until leaders are toppled. It’s how small movements within big parties, and whole 3rd parties rise.  read more »

A smarter successor to Trump is even scarier, but it's coming

Social media are jam packed with analysis of the rise of Donald Trump these days. Most of us in what we would view as the intellectual and educated community are asking not just why Trump is a success, but as Trevor Noah asked, “Why is this even a contest?” Clinton may not be, as the Democrats claim, the most qualified person ever to run, but she’s certainly decently qualified, and Trump is almost the only candidate with no public service experience ever to run. Even his supporters readily agree he’s a bit of a buffoon, that he says tons of crazy things, and probably doesn’t believe most of the things he says. (The fact that he doesn’t actually mean many of the crazy things has become the primary justification of those who support him.)

But it is a contest, and while it looks like Clinton will probably win it is also disturbing to me to note that in polls broken down by race and sex, Trump is actually ahead of Clinton by a decent margin among my two groups — whites and males. (Polls have been varying a lot in the weeks of the conventions.) Whites and males have their biases and privileges, of course, but they are very large and diverse groups, and again, to the coastal intellectual view, this shouldn’t even be a contest. (It’s also my view as a foreigner of libertarian leanings and no association with either party.)

The things stacked in favour of the Republican nominee

There have been lots of essays examining the reason for Trump’s success. Credible essays have described a swing to nationalism and/or authoritarianism which Trump has exploited. Trump’s skill at marketing and memes is real. His appeal to paternalism and strength works well (Lakeoff’s “strong father” narrative.) The RNC also identified Hillary Clinton as a likely nominee 2 decades ago, and since then has put major effort into discrediting her, much more time than it’s ever had to work on other opponents. And Clinton herself certainly has her flaws and low approval ratings, even within her own party.

It is also important to note that the chosen successor of a Democratic incumbent has never in history defeated the Republican. (In 1856 Buchanan defeated the 1st ever Republican nominee, Fremont, but was Franklin Pierce’s opponent at the convention.) This stacks the deck in favour of this year’s Republican. Of course, Wilson, Cleveland, Roosevelt the 2nd, Carter and Clinton the 1st all defeated incumbent Republicans, so Democrats are far from impotent.

The specific analysis of this election is interesting, but my concern is about the broader trend I see, a much bigger geopolitical trend arising from technology, globalization, income inequality and redistribution among nations as well as the decline of religion and the classic lifetime middle class career. This big topic will get more analysis in time here. I was particularly interested in this recent article linking globalization and the comparative reduced share for the U.S. middle class. The ascendancy of the secular, western, technological, intellectual capitalist liberal elite is facing an increasing backlash.

Where Trump’s support comes from

Trump of course begins, as Clinton does, with a large “base.” There is an element of the Republican base that will never tolerate voting for Clinton almost no matter how bad Trump is. There is a similar Democratic contingent. This base has been boosted by that 2 decade anti-Clinton campaign.  read more »

Politics: Leave 2nd amendment to the states, and never say the word "Trump"

Political debate is going overboard these days. I travel overseas all the time and if I reveal I live in the USA, you can’t stop people from asking about Trump. It’s getting frustrating and boring. But to avoid contentious topics, let’s talk about guns!

As a Canadian, I’ve seen how the gun rules in Canada work. It’s the culture most similar to the USA in the world, with tons of rifle ownership, but almost no handguns and comparatively no handgun deaths. So I don’t doubt that something can be done. On the other hand, I also am a strong supporter of the bill of rights, and even though I don’t like the 2nd amendment, I can’t disregard it or pretend that it’s weakened very much by the Militia clause. And for the future we can see, the second amendment is not going to be repealed. Without repealing it, you can’t do a lot. In spite of all the bad press, the AR-15 was easily redesigned to comply with the “assault weapon ban” that was temporarily in effect, and unless they can figure out how to ban the semi-automatic hunting rifle under the 2nd amendment, it’s not likely much can happen here.

Here’s a much more radical proposal. Modify the second amendment to reserve the power to regulate firearms to the states. In other words, make it a states rights issue more than a weapons issue. The new amendment would empower a state’s constitution to supersede the 2nd amendment. If the state does not include such a rule in its constitution, the original 2nd amendment would still apply there. Each state would have to follow its own constitutional procedures to declare new rules, explicitly declaring them as replacing the 2nd amendment.

This is not really ideal, of course. There would be a patchwork of laws. Many guns would end up being illegal in some states and legal in others. And of course, it would not be that hard to illegally move such guns into a state where they are not legal for use in criminal activities. As such, there would still be a fair bit of gun crime using guns supposedly banned in a location. Still, I think it could cause a significant reduction in gun crime.

It’s also the only thing I can think of that has a chance of passing. Many of those who champion gun rights also champion states’ rights. While clearly some states would move to restrict gun ownership, gun proponents could not only keep their state unrestricted, but they could actually reduce gun restrictions if they wished to, even removing any effect of the Militia clause.

Illegal weapons would still be present, but these changes would reduce the culture of gun ownership and gun use. In Canada, many of us have rifles, including semi-automatic hunting rifles. I was taught to shoot as a child, as were most kids I knew. But handguns are almost unknown. It seems to make a difference — it seems people are less likely to end up shooting somebody in a domestic dispute if they have to handle a physically large weapon. It seems the guns are less likely to be used in anger. It seems that the less the weapons are around, the less they are used, not by criminals, but by ordinary people who get angry. Canada had 172 firearm homicides compared to the USA’s 8,800, with just a handful caused by handguns. Canadians have 10 million guns (and a million handguns allowed only for police and guards or for use on a gun range.)

With this change, some states would have the power to make themselves a bit more like Canada if their democratic will is that way.

Clinton and Trump

Now that the parties have their candidates (I bet wrong on Trump) one thing I have been disappointed to see is Clinton (and Obama) ripping into Trump, calling him out on his lies and crazy statements. Do they imagine the electorate that listens to them don’t know about these things?

I would have loved to see Clinton make a decision to not mention the word Trump for the rest of the election. If she absolutely has to, get surrogates like Bill Clinton and President Obama to do it, but ideally not even them. Run a clean campaign, with all the focus on why she would be a good President. The reality is that there is tons of coverage of the negatives of what Trump says. Getting into a mud battle with him is the wrong decision. He likes mud, is already covered in it, and is better at it.

But it seems I may not get my wish.

Bloomberg (or another moderate) could have walked away with the Presidency due to Trump

Michael Bloomberg, a contender for an independent run for US President has announced he will not run though for a reason that just might be completely wrong. As a famous moderate (having been in both the Republican and Democratic parties) he might just have had a very rare shot at being the first independent to win since forever.

Here’s why, and what would have to happen:

  1. Donald Trump would have to win the Republican nomination. (I suspect he won’t, but it’s certainly possible.)
  2. The independent would have to win enough electoral votes to prevent either the Republican or Democrat getting 280.

If nobody has a majority of the electoral college, the house picks the President from the top 3 college winners. The house is Republican, so it seems pretty unlikely it would pick any likely Democratic Party nominee, and the Democrats would know this. Once they did know this, the Democrats would have little choice but to vote for the moderate, since they certainly would not vote for Trump.

Now all it takes is a fairly small number of Republicans to bolt from Trump. Normally they would not betray their own party’s official nominee, but in this case, the party establishment hates Trump, and I think that some of them would take the opportunity to knock him out, and vote for the moderate. If 30 or more join the democrats and vote for the moderate, he or she becomes President.

It would be different for the Vice President, chosen by the senate. Trump probably picks a mainstream republican to mollify the party establishment, and that person wins the senate vote easily.

To be clear, here the independent can win even if all they do is make a small showing, just strong enough to split off some electors from both other candidates. Winning one big state could be enough, for example, if it was won from the candidate who would otherwise have won.  read more »

Gaming 3 party elections

This proposal on the upcoming federal election talks about some interesting gaming of the voting system.

In Canada, there are 3 (and sometimes more) strong parties. This is true in much of the world; in fact the two-party USA is somewhat unusual. However, with “plurality” style elections, where the candidate with the most votes takes the seat even though they might have well under a majority, you can get a serious difference between the popular vote and the composition of the house. Americans see the same in their Electoral college and in gerrymandered districts.

The author, who wishes to defeat the incumbent Conservative party, proposes a way for the other two parties (Liberals and New Democrats) to join forces and avoid vote splitting. The Liberals and NDP are competitors, but have much more affinity for one another than they do for the Conservatives. They are both left-of-centre. This collaboration could be done at a national party level or at the grass roots level, though it would be much harder there.

Often in parliaments, you not only get splitting within the race for each seat, you get a house where no party has a majority. For minority governments, one party — usually the largest — strikes a deal with another party for a coalition that allows them to govern. Sometimes the coalition involves bitter enemies. They cooperate because the small party gets some concessions, and some of their agenda is passed into law, even though far more of the dominant party’s agenda gets passed. Otherwise, the small party knows it will get nothing.  read more »

Nate Silver is Not God and other political musings

In the wake of the election, the big nerd story is the perfect stats-based prediction that Nate Silver of the 538 blog made on the results in every single state. I was following the blog and like all, am impressed with his work. The perfection gives the wrong impression, however. Silver would be the first to point out he predicted Florida as very close with a slight lean for Obama, and while that is what happened, that’s really just luck. His actual prediction was that it was too close to call. But people won’t see that, they see the perfection. I hope he realizes he should try to downplay this. For his own sake, if he doesn’t, he has nowhere to go but down in 2014 and 2016.

But the second reason is stronger. People will put even more faith in polls. Perhaps even not faith, but reasoned belief, because polls are indeed getting more accurate. Good polls that are taken far in advance are probably accurate about what the electorate thinks then, but the electorate itself is not that accurate far in advance. So the public and politicians should always be wary about what the polls say before the election.

Silver’s triumph means they may not be. And as the metaphorical Heisenberg predicts, the observations will change the results of the election.

There are a few ways this can happen. First, people change their votes based on polls. They are less likely to vote if they think the election is decided, or they sometimes file protest votes when they feel their vote won’t change things. Vice versa, a close poll is one way to increase turnout, and both sides push their voters to make the difference. People are going to think the election is settled because 538 has said what people are feeling.

The second big change has already been happening. Politicians change their platforms due to the polls. Danny Hillis observed some years ago that the popular vote is almost always a near tie for a reason. In a two party system, each side regularly runs polls. If the polls show them losing, they move their position in order to get to 51%. They don’t want to move to 52% as that’s more change than they really want, but they don’t want to move to less than 50% or they lose the whole game. Both sides do this, and to some extent the one with better polling and strategy wins the election. We get two candidates, each with a carefully chosen position designed to (according to their own team) just beat the opposition, and the actual result is closer to a random draw driven by chaotic factors.

Well, not quite. As Silver shows, the electoral college stops that from happening. The electoral college means different voters have different value to the candidates, and it makes the system pretty complex. Instead of aiming for a total of voters, you have to worry that position A might help you in Ohio but hurt you in Florida, and the electoral votes happen in big chunks which makes the effect of swing states more chaotic. Thus poll analysis can tell you who will win but not so readily how to tweak things to make the winner be you. The college makes small differences in overall support lead to huge differences in the college.

In Danny’s theory, the two candidates do not have to be the same, they just have to be the same distance from a hypothetical center. (Of course to 3rd parties the two candidates do tend to look nearly identical but to the members of the two main parties they look very different.)

Show me the money?

Many have noted that this election may have cost $6B but produced a very status quo result. Huge money was spent, but opposed forces also spent their money, and the arms race just led to a similar balance of power. Except a lot of rich donors spent a lot of their money, got valuable access to politicians for it, and some TV stations in Ohio and a few other states made a killing. The fear that corporate money would massively swing the process does not appear to have gained much evidence, but it’s clear that influence was bought.

I’m working on a solution to this, however. More to come later on that.

Ballot Propositions

While there have been some fairly good ballot propositions (such as last night’s wins for Marijuana and marriage equality) I am starting to doubt the value of the system itself. As much as you might like the propositions you like, if half of the propositions are negative in value, the system should be scrapped. Indeed, if only about 40% are negative, it should still be scrapped because of the huge cost of the system itself.  read more »

New panoramas of Israel, and of course a proposal for peace

I’m back from our fun “Singuarlity Week” in Tel Aviv, where we did a 2 day and 1 day Singularity University program. We judged a contest for two scholarships by Israelis for SU, and I spoke to groups like Garage Geeks, Israeli Defcon, GizaVC’s monthly gathering and even went into the west bank to address the Palestinian IT Society and announce a scholarship contest for SU.

Of course I did more photography, though the weather did not cooperate. However, you will see six new panoramas on my Israel Panorama Page and my Additional Israeli panoramas. My favourite is the shot of the western wall during a brief period of sun in a rainstorm.

In Ramallah, the telecom minister for the Palestinian Authority asked us, jokingly, “how can this technology end the occupation?” But I wanted to come up with a serious answer. Everybody who goes to the middle east tries to come up with a solution or at least some sort of understanding. Israelis get a bit sick of it, annoyed that outsiders just don’t understand the incredible depth and nuance of the problem. Outsiders imagine the Israelis and Palestinians are so deep in their conflict that they are like fish who no longer see the water.

In spite of those warnings, here’s my humble proposal for how to use new media technology to help.

Take classrooms of Israelis and classrooms of Palestinians and give them a mandatory school assignment. Their assignment is to be paired with an online buddy from the “other side.” Students would be paired based on a matching algorithm, considering things like their backgrounds, language skills or languages and subjects they want to learn. The other student, with whom they would interact over online media and video-conferencing (like Skype or Google Hangouts,) would become a study partner and the students would collaborate on projects suitable to them. They might also help one another learn a language, like English, Arabic or Hebrew. Students would be encouraged to add their counterpart to their social networking circles.

Both students would also be challenged to write an essay attempting to see the world from the point of view of the other. They will not be asked to agree with it, but simply to be able to write from that point of view. And their counterpart must agree at the end that it mostly does reflect their point of view. Students would be graded on this.

It would be important not to have this be a “forced friendship.” The students would be told it was not demanded they forget their preconceptions; not demanded they agree with everything their counterpart says. In fact, they would be encouraged to avoid conflict, to not immediately contradict statements they think are false. That the goal is not to convince their counterpart of things but to understand and help them understand. And in particular, projects should be set up where the students naturally work together viewing the teachers as the common enemy.

At the end of the year, a meeting would be arranged. For example, west bank students would be thrilled at a chance to visit the beach or some amusement park. A meeting on the west bank border on neutral ground might make sense too, though parents would be paranoid about safety and many would veto trips by their children into the west bank.

Would this bring peace? Hardly on its own. But it would improve things if every student at least knew somebody from outside their world, and had tried to understand their viewpoint even without necessarily agreeing with it. And some of the relationships would last, and the social networks would grow. Soon each student would have at least one person in their network from outside their formerly insular world. This would start with some schools, but ideally it would be something for every student to do. And it could even be expanded to include online pen-pals from other countries. With some students it would fail, particularly older ones whose views are already set. Alas, for younger ones, finding a common language might be difficult. Few Israelis learn Arabic, more Palestinians learn Hebrew and all eventually want to learn English. Somebody has to provide computers and networking to the poorer students, but it seems the cost of this is small compared to the benefit.

It will be tough reversing Citizens United

There are a large number of constitutional amendments being proposed to reverse the effects of the recent US Supreme Court decision in Citizens United v. Federal Election Commission.

Here the court held that Citizens United, a group which had produced an anti-Hilary Clinton documentary, had the right to run ads promoting their documentary and its anti-Clinton message. It had been held at the lower court that because the documentary and thus the ads advocated against a candidate, they were restricted under campaign finance rules. Earlier, however, the court had held earlier that it was OK for Michael Moore to run ads for Fahrenheit 9/11, his movie which strongly advocated against re-electing George W. Bush. The court could not find the fine line between these that the lower court had held, but the result was a decision that has people very scared because it strips most restrictions on campaigning by groups and in particular corporations. Corporations have most of the money, and money equals influence in elections.

Most attempts at campaign finance reform and control have run into a constitutional wall. That’s because when people talk about freedom of speech, it’s hard to deny that political speech is the most sacred, most protected of the forms of speech being safeguarded by the 1st amendment. Rules that try to say, “You can’t use your money to get out the message that you like or hate a candidate” are hard to reconcile with the 1st amendment. The court has made that more clear and so the only answer is an amendment, many feel.

It seems like that should not be hard. After all, the court only ruled 5-4, and partisan lines were involved. Yet in the dissent, it seems clear to me that the dissenters don’t so much claim that political speech is not being abridged by the campaign finance rules, but rather that the consequences of allowing big money interests to dominate the political debate are so grave that it would be folly to allow it, almost regardless of what the bill of rights says. The courts have kept saying that campaign finance reform efforts don’t survive first amendment tests, and the conclusion many have come to is that CFR is so vital that we must weaken the 1st amendment to get it.

With all the power of an amendment to play with, I have found most of the proposed amendments disappointing and disturbing. Amendments should be crystal clear, but I find many of the proposals to be muddy when viewed in the context of the 1st amendment, even though as later amendments they have the right to supersede it.

The problem is this: When they wrote that the freedom of the press should not be abridged, they were talking about the big press. They really meant organizations like the New York Times and Fox News. If those don’t have freedom of the press, nobody does. And these are corporations. Until very recently it wasn’t really possible to put out your political views to the masses on your terms unless you were a media corporation, or paid a media corporation to do it for you. The internet is changing that but the change is not yet complete.

Many of the amendments state that they do not abridge freedom of the press. But what does that mean? If the New York Times or Fox News wish to use their corporate money to endorse or condemn a candidate — as they usually do — is that something we could dare let the government restrict? Would we allow the NYT to do it in their newspaper, but not in other means, such as buying ads in another newspaper, should they wish to do so? Is the Fox News to be defined as something different from Citizens United?

I’m hard pressed to reconcile freedom of the press and the removal of the ability of corporations (including media ones) from using money to put out a political message. What I fear as that to do so requires that the law — nay, the constitution — try to define what is being “press” and what is not. This is something we’ve been afraid to do in every other context, and something I and my associates have fought to prevent, as lawsuits have tried to declare that bloggers, for example, were not mainstream press and thus did not have the same freedom of the press as the big boys.  read more »

Opening US immigration

Tuesday we and Aneesh Chopra, CTO of the USA come to Singularity University and among many things, he was asked about immigration. (In part because our class comes from 35 countries and many of them would love to be entrepreneurs in the USA.) Chopra announced some immigration rule clarifications that had come out that day which will help things somewhat. They did rule clarifications because getting congress to do meaningful reform is very hard.

I gave him one suggestion, inspired by something I saw long ago at a high-roller CEO conference for the PC industry. In a room of 400 top executives and founders of PC and internet startups, it was asked that all who were born outside the USA stand up. A considerable majority (including myself) stood. I wished every opponent of broader immigration could see that.

So I proposed that he, or others, go around to conferences of high-tech entrepreneurs and founders, and ask this question, and film the people standing up. Then edit that into a nice rapid-fire video to play for members of congress and immigration opponents. It’s hard to argue with. The hope of US leadership and job creation is severely diminished without immigrants.

It’s often been lamented that some of the brightest from the world, who beg to come to the USA to get degrees, are then kicked out when their education ends, and they go home with their PhD. “Staple a green card to a PhD” is one approach.

A different approach, possibly to be combined, is to create a provisional permanent resident status. The main rule, perhaps the only rule, is that if you are on it you must pay a minimum tax averaging $30,000 per year for six years. You can go below once or twice but must make it up to bring up the average. And once you hit the total of $180,000 you get a real green card. If you don’t hit it, you can leave. If you don’t leave and don’t pay, it’s tax evasion, for which you can be both jailed and deported.

Yes, this is access for the rich. It means the wealthy could buy green cards, but also that entrepreneurs or people will well funded partners could easily get in. More to the point, the people coming in would clearly not be a drain on U.S. society. And with the salary needed to pay $30K in tax being about $130,000 (based on the real tax rate including all deductions) these are largely not people “stealing US jobs by working cheap.” Admittedly an employer could offer to pay an immigrant a low wage and pick up the tax but that could be illegal if difficult to enforce.

This price is below the prices often cited for “buy immigrant status” programs in the US and around the world, and the values in investor visas. I think you want to get young, less well-heeled entrepreneurs so I think million dollar prices are the wrong idea. But it may be that there is some price that even the biggest xenophobes will agree results in a net win. What is that number?

Terror and security

One of the world’s favourite (and sometimes least favourite) topics is the issue of terrorism and security. On one side, there are those who feel the risk of terrorism justifies significant sacrifices of money, convenience and civil rights to provide enough security to counter it. That side includes both those who honestly come by that opinion, and those who simply want more security and feel terrorism is the excuse to use to get it.

On the other side, critics point out a number of counter arguments, most of them with merit, including:

  • Much of what is done in the name of security doesn’t actually enhance it, it just gives the appearance of doing so, and the appearance of security is what the public actually craves. This has been called “Security Theatre” by Bruce Schneier, who is a friend and advisor to the E.F.F.
  • We often “fight the previous war,” securing against the tactics of the most recent attack. The terrorists have already moved on to planning something else. They did planes, then trains, then subways, then buses, then nightclubs.
  • Terrorists will attack where the target is weakest. Securing something just makes them attack something else. This has indeed been the case many times. Since everything can’t be secured, most of our efforts are futile and expensive. If we do manage to secure everything they will attack the crowded lines at security.
  • Terrorists are not out to kill random people they don’t know. Rather, that is their tool to reach their real goal: sowing terror (for political, religious or personal goals.) When we react with fear — particularly public fear — to their actions, this is what they want, and indeed what they plan to achieve. Many of our reactions to them are just what they planned to happen.
  • Profiling and identity checks seem smart at first, but careful analysis shows that they just give a more free pass to anybody the terrorists can recruit whose name is not yet on a list, making their job easier.
  • The hard reality is, that frightening as terrorism is, in the grand scheme we are for more likely to face harm and death from other factors that we spend much less of our resources fighting. We could save far more people applying our resources in other ways. This is spelled out fairly well in this blog post.

Now Bruce’s blog, which I link to above, is a good resource for material on the don’t-panic viewpoint, and in fact he is sometimes consulted by the TSA and I suspect they read his blog, and even understand it. So why do we get such inane security efforts? Why are we willing to ruin ourselves, and make air travel such a burden, and strip ourselves of civil rights?

There is a mistake that both sides make, I think. The goal of counter-terrorism is not to stop the terrorists from attacking and killing people, not directly. The goal of counter-terrorism is to stop the terrorists from scaring people. Of course, killing people is frightening, so it is no wonder we conflate the two approaches.  read more »

So what would it cost to allow pre-existing conditions?

There is a number that should not be horribly hard to calculate by the actuaries of the health insurance companies. In fact, it’s a number that they have surely already calculated. What would alternate health insurance systems cost?

A lot of confusion in the health debate concerns two views the public has of health insurance. On the one hand, it’s insurance. Which means that of course insurers would not cover things like most pre-existing conditions. Insurance is normally only sold to cover unknown risk in every other field. If your neighbours regularly shoot flaming arrows onto your house, you will not get fire insurance to cover that, except at an extreme price. Viewed purely as insurance, it is silly to ask insurance companies to cover these things. Or to cover known and voluntary expenses, like preventative care, or birth control pills and the like. (Rather, an insurance company should decide to raise your prices if you don’t take preventative care, or allocate funds for the ordinary costs of planned events, because they don’t want to cover choices, just risks.)

However, we also seek social goals for the health insurance system. So we put rules on health insurance companies of all sorts. And now the USA is considering a very broad change — “cover everybody, and don’t ding them for pre-existing conditions.”

From a purely business standpoint, if you don’t have pre-existing conditions, you don’t want your insurance company to cover them. While your company may not be a mutual one, in a free market all should be not too far off the range of such a plan. Everything your company covers that is expensive and not going to happen to you raises your premiums. If you are a healthy-living, healthy person, you want to insure with a company that covers only such people’s unexpected illnesses, as this will give you the lowest premiums by a wide margin.

However, several things are changing the game. First of all, taxes are paying for highly inefficient emergency room care for the uninsured, and society is paying other costs for a sick populace, including the spread of disease. Next, insurance companies have discovered that if the application process is complex enough, then it becomes possible to find a flaw in the application of many patients who make expensive claims, and thus deny them coverage. Generally you don’t want to insure with a company that would do this: while your premiums will be lower, it is too hard to predict if this might happen to you. The more complex the policy rules, the more impossible it is to predict. However, it is hard to discover this in advance when buying a policy, and hard to shop on.

But when an insurance company decides on a set of rules, it does so under the guidance of its actuaries. They tell the officers, “If you avoid covering X, it will save us $Y” and they tell it with high accuracy. It is their job.

As such, these actuaries should already know the cost of a system where a company must take any client at a premium decided by some fairly simple factors (age being the prime one) compared to a system where they can exclude or surcharge people who have higher risks of claims. Indeed, one might argue that while clearly older people have a higher risk of claims, that is not their fault, and even this should not be used. Every factor a company uses to deny or surcharge coverage is something that reduces its costs (and thus its premiums) or they would not bother doing it.

On the other hand, elimination of such factors of discrimination would reduce costs in selling policies and enforcing policies, though not enough to make up for it, or they would already do it, at least in a competitive market. (It’s not, since any company that took all comers at the same price would quickly be out of business as it would get only the rejects of other companies.)

Single payer systems give us some suggestion on what this costs, but since they all cost less than the current U.S. system it is hard to get guidance. They get these savings for various reasons that people argue about, but not all of them translate into the U.S. system.

There is still a conundrum in a “sell to everybody” system. Insurance plans will still compete on how good the care they will buy is. What doctors can you go to? HMO or PPO? What procedures will they pay for, what limits will they have? The problem is this: If I’m really sick, it is very cost effective for me to go out and buy a very premium plan, with the best doctors and the highest limits. Unlike a random person, I know I am going to use them. It’s like letting people increase the coverage on their fire insurance after their house is on fire. If people can change their insurance company after they get sick then high-end policies will not work. This leaves us back at trying to define pre-existing conditions, and for example allowing people only to switch to an equivalent-payout plan for those conditions, while changing the quality of the plan on unknown risks. This means you need to buy high-end insurance when you are young, which most people don’t. And it means companies still have an incentive to declare things as pre-existing conditions to cap their costs. (Though at least it would not be possible for them to deny all coverage to such customers, just limit it.)

Some would argue that this problem is really just a progressive tax — the health plans favoured by the wealthy end up costing 3 times what they normally would while poorer health plans are actually cheaper than they should be. But it should put pressure on all the plans up the chain, as many poor people can’t afford a $5,000/month premium plan no matter that it gives them $50,000/month in benefits, but the very wealthy still can. So they will then switch to the $2,000/month plan the upper-middle class prefer, and go broke paying for it, but stay alive.

Or let’s consider a new insurance plan, the “well person’s insurance” which covers your ordinary medical costs, and emergencies, but has a lifetime cap of $5,000 on chronic or slow-to-treat conditions like cancer, diabetes and heart disease. You can do very well on this coverage, until you get cancer. Then you leave the old policy and sign up for premium coverage that includes it, which can’t be denied in spite of your diagnosis.

This may suggest that single-payer may be the only plan which works if you want to cover everybody. But single-payer (under which I lived for 30 years in Canada) is not without its issues. Almost all insurance companies ration care, including single payer ones, but in single payer you don’t get a choice on how much there will be.

However, it would be good if the actuaries would tell us the numbers here. Just what will the various options truly cost and what premiums will they generate? Of course, the actuaries have a self-interest or at least an employer’s interest in reporting these numbers, so it may be hard to get the truth, but the truth is at least out there.

Anti-atrocity system with airdropped video cameras

Our world has not rid itself of atrocity and genocide. What can modern high-tech do to help? In Bosnia, we used bombs. In Rwanda, we did next to nothing. In Darfur, very little. Here’s a proposal that seems expensive at first, but is in fact vastly cheaper than the military solutions people have either tried or been afraid to try. It’s the sunlight principle.

First, we would mass-produce a special video recording “phone” using the standard parts and tools of the cell phone industry. It would be small, light, and rechargeable from a car lighter plug, or possibly more slowly through a small solar cell on the back. It would cost a few hundred dollars to make, so that relief forces could airdrop tens or even hundreds of thousands of them over an area where atrocity is taking place. (If they are $400/pop, even 100,000 of them is 40 million dollars, a drop in the bucket compared to the cost of military operations.) They could also be smuggled in by relief workers on a smaller scale, or launched over borders in a pinch. Enough of them so that there are so many that anybody performing an atrocity will have to worry that there is a good chance that somebody hiding in bushes or in a house is recording it, and recording their face. This fear alone would reduce what took place.

Once the devices had recorded a video, they would need to upload it. It seems likely that in these situations the domestic cell system would not be available, or would be shut down to stop video uploads. However, that might not be true, and a version that uses existing cell systems might make sense, and be cheaper because the hardware is off the shelf. It is more likely that some other independent system would be used, based on the same technology but with slightly different protocols.

The anti-atrocity team would send aircraft over the area. These might be manned aircraft (presuming air superiority) or they might be very light, autonomous UAVs of the sort that already are getting cheap in price. These UAVs can be small, and not that high-powered, because they don’t need to do that much transmitting — just a beacon and a few commands and ACKs. The cameras on the ground will do the transmitting. In fact, the UAVs could quite possibly be balloons, again within the budget of aid organizations, not just nations.  read more »

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