Category Archives: Law

Hope and Cynicism

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I’ve been reading a couple books lately that deal with activism, disaster, and people’s responses to both natural and non-natural disasters. When I read Paradise Built in Hell written by Rebecca Solnit, she defined disasters created by man from a couple different perspective. One is historical failures and corruption that lead to buildings collapsing at a rate much higher than they should have. This is something she describes happening after the 1985 Mexico City earthquake.

The other type of non-natural disasters is Elite Panic, which is the process through the elites of a country overreach and treat the people of the country or city as the enemy. This happened in the 1906 San Francisco earthquake and post 9/11. 9/11 was leveraged to dramatically curtail civil liberties and launch multiple wars. In some ways, those wars haven’t ended, the war on terror is still ongoing in it’s own way and Trump is essentially using this to go after Venezuela.

Despite the set backs described through Elite panic, there is always hope that something can change. This is where the books on activism really ties into this book. I’ve read a few books focus specifically on activism, Let this Radicalize you, How to blow up a pipeline, and now Read this when things fall apart. All four of these books really highlight the hope for change that can come out of any sort of crisis.

The republicans often talk about never letting a crisis go to waste, which is something that the left and democrats needs to adhere to. However, many people on the left, myself included, are extremely cynical and roll their eyes when people talk about hope, healing, love, and all that stuff.

To be clear, I struggle with this on a regular basis. Reading some of the names given specific protest events I feel my eyes rolling despite my best effort. We can’t give into that though. We need to step back and give our selves space to hold that hope. To hold the authenticity of these protests, groups, or activists, can be a challenge, but it can also give way to a moment of freedom and release. I’ve been finding, through my own health issues and through reading books full of hope, despite the darkness of our days, I’ve been able to lean into it and have felt a sort of lightness as a result.

I truly find hope in the way everyone is protesting the actions of the Trump administration. I find hope that the world will finally push back on American imperialism starting with nominal military presence in Greenland. Trump seems bound to escalate, but I think there will be some breaking point where eventually enough Republicans will break with Trump, because they finally see the end of the road for themselves.

I truly believe the bulk of the American people will continue to push back on the horrors ICE is visiting on Minneapolis and other parts of the country. We’re seeing white people using their whiteness to protect black and brown people. They are putting life and limb at risk to push back on this crack down.

We really do need to step back from our cynicism.

We should embrace our hope.

DOGE is a disaster

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As we’re now a month into the Trump administration, we’re seeing the fruition of Project 2025 dreams. Elon Musk is taking both a figurative and literal chainsaw to the federal government.

This half trillionaire man-child has come into the government and acted as if Trump and Musk have a mandate to make dramatic changes to the US Government. That, instead of winning with a small majority, they assume they won by a landslide. They didn’t. Most Americans do not want what Elon is selling to us.

The Fork in the Road email was likely illegal, for a number of reason. As outlined by Legal Eagle in the video below.

https://www.youtube.com/embed/PT848djz4jA?si=fjj-uv3pU-vxjBRK

The firings are likely to cause mini recessions across the US as large number of people are suddenly unemployed. All in the name of reducing the size of the federal government. However, the job cuts have been done in such a sloppy way that many agencies are trying to rehire people they’ve fired.

This will make us less safe. We are firing flight controllers, which will negatively impact small and regional airports the most, but will lead to issues at our main hubs too. The goal, of course is privatization. That’s been a clear goal of republicans for decades. Privatizing an organization like the FAA is not a good idea. A consistent overarching regulatory regime is good for our airlines. It’s also unclear how Musk/Trump would privatize the FAA. Would they fracture it by state, would they just make it a single company.

How would states respond? Would some of them decide they need to have some sort of statewide institution to address the gap left by the FAA? Would we see significant deviations between the west coast and the south?

Piecemeal regulation like this causes issues with car manufacturers. As they are basically being driven by the most stringent regulations, mostly California. Would Boeing and Airbus find themselves under a similar sort of policy regime? Would Trump then try to kill the state’s ability to do this? Which they’ve tried to roll back California’s regulatory regime around emissions.

Many of these changes are illegal too. As Legal Eagle explains above. We need to take the legality of these issues seriously. We are a country of rule of law, even if the history of that application has been rather uneven.

We are the most powerful nation in the world and we have always had countries looking to the US to emulate our behavior. DOGE is certainly going to be emulated in other countries with dictators. We will see then, that the US media will broadly report how despotic those leaders are. We need to apply that mirror to ourselves.

DOGE is part of a dictatorship. Trump is in the middle of a bureaucratic coup. We need to fight it however we can. Call your Senators, Representatives, both Federal and State. Donate to organizations dedicated to fighting this. If you can, protest.

You aren’t impotent right now. You can fight back.

The Insurrection…

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It isn’t over yet. The insurrection will not be over until we’ve address the source of the wound and eliminated it. This was a violent planned assault against our democracy. One that attempted to destroyed the results of 50 legally certified elections. They planned to hang Mike Pence they were hunting Nancy Pelosi and we were lucky this didn’t turn into a mass casualty event.

So, let’s take a step back. How is this different than the Black Lives Matter protests. Those had violence too. There was a police precinct burned down. In Portland, they were assaulting the Federal Building! These are all true. However, the goal of the protest was mostly to work within the system to change the system. If you look at Portland, the courts deemed that the city was being overly violent and starting much of the violence rather than the protesters. They were ruled to avoid using tear gas, then it was turned into law. The protest were actually dying down until Trump inflamed them by sending in unmarked vehicles into the city.

Sure, you might be saying, but that doesn’t excuse the violence. You’re right, Straw person. Violence isn’t excusable and the city of Portland is experiencing some serious tension between the people of the city, the businesses in downtown, and the city officials. One thing we need to look at, is that many of these larger businesses are part of the larger system that drives the prison pipeline.

In Minneapolis, the Target that was burned down, was trialing a specific AI based tool to determine if someone was shop lifting. It was often wrong. So Target itself was a source of an increase in false arrests and increase of interaction with police.

Furthermore, the BLM protest was a protest against state violence against a specific set of people. Which didn’t stop during the Pandemic. The data indicates there is a racial bias against people of color, specifically black men, in police stops. See the YouTube video below.

So, in the case of BLM protests, it is the protest of the oppressed against the oppressors. The state has a bias against a group of people and those people are trying to make it clear to everyone involved they are being oppressed. The violence against them is an effort to keep that power over them. That’s why the state rejects these efforts so violently.

What we saw at the Capitol is something different. It is the dominant group, losing their position of dominance or at least perceiving the loss of Donald Trump as the loss of that dominance. The system was working as intended. Republicans, in general, turned out in massive numbers. The Democrats, just came out in larger numbers in many areas. Trump lost by a landslide, but has been lying about his loss. He’s made a decision that he wants to stay in power and a group of white supremacists have decided they want to keep him in power.

Furthermore, many elected leaders, like Josh Hawley and Ted Cruz (among 120+ members of the house) have decided to keep Trump in office or use this as a chance to win election in 2024. These leaders primed the mob to actually do something about the election results. If you have any doubt about that, please read this twitter thread, digging into the propaganda of Trump’s speach.

https://twitter.com/SethAbramson/status/1347908845281095680?s=20

So, now that we know this was a planned event to illegally overturn the election results through an insurrection, what do we do next? We need to learn from our failure during the Civil War reconstruction (see my blog on White Rage) where we, as a country, completely failed to prevent a long slow cold Civil War. The other places we should look are at other countries that had mixed success dealing with their coups, like Japan.

Given that we’ve already had reports of additional events, supposedly today (1/10/21) in NYC, events on 1/19/21, and likely 1/20/21 to disrupt the inauguration, this insurrection isn’t over until it’s either successful or we put it down for good. That may require structural change to how we think about the United States including meeting some of the demands of BLM protesters.

Book Review: Race After Technology: Abolitionist Tools for the New Jim Code by Ruha Benjamin

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Race After Technology: Abolitionist Tools for the New Jim Code by Ruha Benjamin

My rating: 5 of 5 stars


This book builds on the research in Algorithms of Oppression: How Search Engines Reinforce Racism and Dark Matters: On the Surveillance of Blackness, so I definitely recommend reading those two books first. I’m not alone in that, in one of the talks I’ve watched Benjamin give, she explicitly mentions those books as influencing her. I really enjoyed this book, it brought together ideas from my own master’s degree, including the complexity of how technology is used. In one class we specifically discussed the Moses’s bridges in New York (despite this being taught in the Netherlands), which were designed to exclude the poor by preventing buses from crossing the bridge. In this book she discusses this bridge and how it can pull in the very people that were expected to benefit the bridge design (basically a bus full of rich white kids went across after they came back from a trip to Europe, the driver hit the top of the bridge which resulted in 6 people getting seriously injured).

She modernizes these examples by describing how algorithms are created to approximate details about people, such as determining their ethnicity to provide “targeted services.” Due to historical redlining, the practice of creating white people only enclaves in suburbs and portions of the city (a Jim Crow era set of laws), the zip code has become a reliable indicator of ethnicity and race. She gives the example of Diversity, Inc., which creates ethnicity or racial classifications for potentially hiring companies. They will look at the names of people and assess their ethnicity, however due to the history of slavery, many African Americans have white sounding surnames, like Sarah Johnson, to “correctly” identify the ethnicity of Sarah, the company uses her zipcode to assign her race.

Overall, I found a lot of examples in this book very illuminating. Benjamin finds the approach to Design favored in Silicon Valley wanting and excluding, primarily focused on empathizing for making money, which in many cases is empathizing with whiteness. Furthermore, Benjamin argues that empathy can lead skewed results, such as body camera video providing empathy for police officers even when they are killing Black people for crimes which aren’t capital offenses or no crime at all.

As an engineer, I took this book as a warning. That we need to understand how data is impacting those around us. That we need to understand how data that might seem harmless to me, could cause serious harm to someone else. That algorithms that seem to be doing good, could instead be quickly turned into something bad. Facial recognition is a great example. Facebook tags people in photos without consent and this can be exploited by law enforcement. Furthermore, since facial recognition software is so inaccurate, it can misclassify a person as the wrong sex, the wrong person, or in extremely bad past cases, as an animal.

Furthermore, engineers have the responsibility to ensure our work is used to create more equity in the world. Benjamin offers a few different organizations that are working to ensure justice and equity for everyone. Maybe it’s time that software engineers/developers have a responsibility for this the same way a civil engineer must ensure a bridge is safe.

I recommend that anyone that works at a social media company read this. Anyone doing work for algorithms in banks, insurance, hiring, and housing really understand the fact that algorithms aren’t objective. They are as objective as our history. Our history hasn’t been objective nor equitable. We must change that.



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Book Review: Dark Matters: On the Surveillance of Blackness by Simone Browne

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Dark Matters: On the Surveillance of Blackness by Simone Browne

My rating: 5 of 5 stars


I wish the people that created the Netflix Documentary The Social Dilemma had read this book, I believe it would have provided a great deal of context around surveillance. Through the context of reading about race, I’ve learned a lot about American history that I regret not knowing earlier in my life. This is one of those books that does multiple things at once. First, it teaches about Black history in general, not just Black people in America, but in Africa as well. Second, it teaches about the history of prisons and the very first prison the Panopticon. Third, it discusses Surveillance and surveillance technologies.

It doesn’t teach these as separate threads, though. It’s impossible to teach these topics separately. Even when reading White Rage: The Unspoken Truth of Our Racial Divide, small parts of these topics were brought up. In Between the World and Me, these same ideas were brought up, just a shorter time horizon for the history.

The United States created law after law, mechanism after mechanism, to surveil Black people. According to Browne, this as soon as an African was captured, they’d be branded, sorted, and documented. Then they’d be surveiled in the slave ship, which was a truly horrific environment.

There was something about how Browne described the slave ship that hit home a lot harder than when I’d seen the ships before. Maybe it’s the Pandemic, maybe it’s my own allergies, maybe it’s understanding that they were locked in this miserable condition for 67 days!

Speaking of the pandemic, the right-wing out bursts against wearing masks is laughable considering some of the laws we implemented in the past to protect white people from Black people. There were laws in New York City, called Lantern Laws where any Black person had to have a lantern lit at anytime after dark. They weren’t allowed to be in groups larger than three people and had to have a candle lit at all times. If they didn’t, they could get 40 lashings (apparently it was reduced later to 15). 40 Lashings could certainly kill someone.

Ultimately, the book moves from the history of surveillance to present day, which draws a pretty straight line to what we experience now at the airport after 9/11. However, in the airport Black and brown people experience significantly more surveillance than white people. This can lead to ridiculous things like having an afro searched for bomb materials and statistically higher search rates for Black Woman than white women even though statistically white women are more likely to have contraband. Further, this extends to accepting Black people as citizens, as given in an example with a Canadian woman.

I believe this book is critical in understanding our Government’s response to the BLM movement, the obsessions with Antifa, avoidance of investigating right-wing terrorism, and our current surveillance state. I think anyone that’s working in the social media space or adtech space, should read this book. If you care about ethical technology, you need to read this book. Because if we understand this and address the problems outlined in this book, we address surveillance issues for everyone.



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