You’re Going to Hate the Next President

I think we all need to just admit that there will be policies that the next US President will implement that we will hate. It doesn’t matter if you support a Republican or Democrat candidate. You may even like some of their policies, but you’ll probably hate a handful and those may define what you really think about that President.

In my case I was an Obama supporter. I think overall, he’s done a pretty good job, but I hate his Mid-East policies, many which Clinton was the architect. I also hate his current stance on encryption, because I think it’s incredibly short sighted.I think we need our leaders to be long in vision, because it’s impossible to know who is going to be sitting in that chair when they finish. This is exactly the case we’re seeing with people incredibly alarmed about the policies that Obama has implemented in Donald Trump’s hands.

Techdirt raised this issue a few days ago in an article called “Abuse Of Power: Laws Should Be Designed As If The People We Distrust The Most Are In Power“. In the simplest terms the author calls for all laws to be written as if the people in charge right now expect to be replaced with people that are the polar opposites of them. In our current political climate that would be the conservatives being replaced as soon as they finish their terms with the most liberal democrats conceivable.

This is essentially how the Bill of Rights were written. Basically, the framers had a clear understanding of what the worst tyrannical  rulers in the world do to their subjects. Consequently, they could immediately imaging what would happen if that person became the ruler of the United States, but still bound by the laws of the new constitution. In that case, they could see that the tyrant would be constrained by these laws in such a way as that they would be “comfortable” with them leading the country.

In our case, we have continually eroded the defenses in the Bill of Rights over the past 200 plus years. So now, we have many policies that a great deal of Americans don’t really trust either political party with the powers they’ve been entrusted with. This is further complicated by the fact that our intelligence agencies don’t magically realign with the wishes of a new elected official. Similar to any entity, they continue to pursue their overarching objective and changes in those behaviors require massive changes. In the case of the NSA/CIA it may require changes in laws restricting them from behaving in certain ways with very serious repercussions to those that don’t change their behavior.

As a result, Techdirt is correct. We need to develop our policies with the assumption that “the other” is going to be in charge at some point in our lifetime. The group that we don’t ever want to be in power, will be. We have to admit that. To ensure that they are never able to abuse fellow Americans is to ensure that we do not ever abuse Americans nor other international actors. This then must be codified into law, thus when the most unsavory candidate you can image has a solid chance of winning an election, they will not have powers that we would abhor in their hands. That’s what we need to be thinking about.

Protecting the web and user through a Internet Bill of Rights

The guy who helped invent the internet, no not Al Gore, Tim Berners-Lee wants a new Magna Carta for the internet. If he was American it’d be a bill of rights or declaration of independence, if he was an anarchist, it’d be a manifesto. This call for a clear set of rules for the online/cyberspace is nothing new. The first article was written in 1986 – 3 years before the internet was created. This was when kids were using phones and a few other systems to hack things. The most recent was only a few years ago from an internet website.

Creating these documents is an effort in futility. We already have a bill of rights in the US that SHOULD be protecting us from the NSA, GCHQ, CIA, and other organizations. These organizations, at least the US ones, should be forbidden from given information they “accidentally” collect on US citizens to other governments. They do though. We have secret courts with secret interpretations of laws that we as citizens have no idea what they are. How is ANOTHER Magna Carta going to help?

There’s absolutely no reason to expect our governments to abide by these new laws when they are flouting the current laws – attempting to undermine existing laws through intentionally narrower interpretations of rulings – in many cases getting slapped on the wrist later for infractions that have been going on for years.

Creating a new bill of rights, Magna Carter, or whatever will not solve the problem. The problem is not the current set of laws, though that doesn’t help, the root cause of the problem is corruption and arrogance.

Now that it’s been uncovered that the CIA hacked Congress’s Intelligence Committee, one that had been defending the NSA, there’s all sorts of kerfuffle. Congress didn’t care, excepting Ron Wyden (and a few others), until they realized that they were just as likely targets any the average Joe.

Most members of Congress are funded through companies and special interest groups. These include companies that support the NSA and other intelligence organizations. If any of those orgs funded any member of Congress on a committee that oversees anything related to intelligence gathering there’s going to be corruption. Regardless of if it’s quid pro quo or not.

We will never pass a bill of rights for the internet as long as there’s potential conflicts of interest (funded by companies that bills are trying to regulate). We must address corruption before we can hope to have an effective set of rights for the internet or anywhere else.