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.
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.
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.
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.
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?
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.
I was reviewing the voter information guide for the upcoming California Special Election. Even though I can't vote it is interesting to look at the process. To my surprise, the full text of the propositions shows the real items to be incredibly complex. Proposition 1C, which updates lottery laws, is over 4 1/2 pages of dense print.
There are many opinions about whether the bailout and stimulus package are a good idea or not. But one thing that I hope everybody agrees is bad is that it teaches the lesson that if you screw up so badly that you hurt the global economy, we're not going to let you fall. Take huge risks because in the event of catastrophe, the government has no choice but to make it better.
Is there a way to do a bailout that doesn't end up rewarding, or even saving, the people responsible?
Once they made rules that political ads had to specify who was sponsoring them, we started seeing a lot of ads that would say they were sponsored by some unknown organization with a good sounding name. You see this from all sides of the equation; everybody picks a name that sounds like they are for truth, justice and the American Way, and anybody against them is against those things.
The worst thing about political debates occurs when the candidates break into their canned speeches, often repeating ones they had done before, and often when they have very little to do with the question that was asked. This happens because the candidates' teams, in negotiating debate rules, want it to happen. They want a boring debate, because they know that while it's hard (but not impossible) to win an election with a great debate performance, it is certainly easy to lose one with a bad one. So they avoid risks.
As a Canadian, and one of libertarian bent, I hope I have a better perspective on the two parties in the USA. What I see does not bode well for the Democrats. I think they understand the Republican side poorly, worse than the Republicans understand them. And, over the last two elections, they have shown little willingness to learn about it.
Pundits like to point out when some new media technology changes seriously changed politics. When I was young, everybody talked about how the Kennedy-Nixon debates ushered in the era of the TV candidate and changed politics forever. (It did indeed seem unlikely a candidate in a wheelchair from polio could win today, but in fact in Bob Dole and John McCain we have two candidates without full use of their arms.)
No doubt when radio came into play there was similar commentary.
Legacy politics assured that Iowa and New Hampshire would get the lead in setting the political agenda of a Presidential race. If you can't please them, it's hard to get nominated. And now they protect this position as hard as they can. Florida tried to move and got slapped.
There is a better way. There should be a lottery, or simply a rotation, on who gets to go first each time. All parties in a state would have to agree, but I can't see why not, and really all you need is the Republicans and Democrats. Hold the lottery several years in advance.
Even people outside of California have heard about proposition 13, the tax-revolt referendum which, exactly 29 years ago, changed the property tax law so that one's property taxes only go up marginally while you own a property. Your tax base remains fixed at the price you paid for your house, with minor increments. If you sell and buy a house of similar value (or inherit in many cases) your tax basis and tax bill can jump alarmingly.
The goal of Prop 13 was that people would not find themselves with a tax bill they couldn't handle just because soaring real estate values doubled or tripled the price of their home, as has often taken place in California. (Yes, I can hear your tears of sympathy.) In particular older people living off savings were sometimes forced to leave, always unpopular.
However, there have been negative consequences. One, it has stopped tax revenues from rising as fast as the counties like, resulting in underfunding of schools and other public programs. (This could be fixed by jacking up the rates even more on more recent buyers of homes but that has its own problems.)
Two, it generates a highly inequitable situation. Two identical families living in two identical houses -- but one has a tax bill of $4,000 per year and the other has a tax bill of $15,000 per year, based entirely on when they bought or inherited their house. I would think this is unconstitutional but the courts said it is not.
Three it's an impediment to moving (as if the realtor monopoly's 6% scam were not enough.) There are exemptions in most counties for moves within California by seniors.
Here's my fix: Each house would, as in most jurisdictions, be fairly appraised, and receive a tax bill based on that. Two identical houses -- same tax bill. However, those who had a low basis value in their home could elect to defer some of that bill (ie. the difference between the real bill and their base bill derived from the price they paid for their home) until they sold the home. There would be interest on this unpaid amount, in effect they would be borrowing against the future equity of the home in order to have a lower tax bill.
A well known curse of many representative democracies is gerrymandering. People in power draw the districts to assure they will stay in power. There are some particularly ridiculous cases in the USA.
I was recently pointed to a paper on a simple, linear system which tries to divide up a state into districts using the shortest straight line that properly divides the population. I have been doing some thinking of my own in this area so I thought I would share it. The short-line algorithm has the important attribute that it's fixed and fairly deterministic. It chooses one solution, regardless of politics. It can't be gamed. That is good, but it has flaws. Its district boundaries pay no attention to any geopolitical features except state borders. Lakes, rivers, mountains, highways, cities are all irrelevant to it. That's not a bad feature in my book, though it does mean, as they recognize, that sometimes people may have a slightly unusual trek to their polling station.
There's a great tragedy going on in the Sudan, and not much is being done about it. Among the people trying to get out the message are hollywood celebrities. I am not faulting them for doing that, but I have a suggestion that is right up their alley.
Which is to make a movie to tell the story, a true movie that is, hopefully a moving as a Schinder's List or the Pianist. Put the story in front of the first world audience.
It's always reported how low US voter turnout is in midterm elections. 2006, at about 40%, seems pretty poor, though it was higher than 2002.
However the statistic I would like to see is "Voter turnout in districts where there is an important, hotly contested race." This is the number we might want to monitor from year to year.
A proposal by a Stanford CS Prof for a means to switch the U.S. Presidential race from electoral college to popular vote is gaining some momentum. In short, the proposal calls for some group of states representing a majority of the electoral college to agree to an inter-state compact that they will vote their electoral votes according to the result of the popular vote.
Big news today. Judge Walker has denied the motions -- particularly the one by the federal government -- to dismiss our case against AT&T for cooperative with the NSA on warrantless surveillance of phone traffic and records.
The federal government, including the heads of the major spy agencies, had filed a brief demanding the case be dismissed on "state secrets" grounds. This common law doctrine, which is often frighteningly successful, allows cases to be dismissed, even if they are of great merit, if following through would reveal state secrets.