Tag Archives: Laws

You’re Going to Hate the Next President

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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

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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.

Complexity and politics

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I’ve been reading a book called “Rethinking the Fifth Discipline” which is something of a treatise on organizational theory and complexity. The Fifth Discipline, is about creating a learning organization. Where the organization has naturally built-in processes that encourage learning through challenging mental models. What’s that mean? Well, anytime we approach a problem we have our own set ideas about what’s right and wrong with the problem. This leads us to develop specific solutions based on that perspective. When working in an organization these frameworks, perspectives or mental models can lead to conflict. Developing a method of resolving differences in these mental models is paramount to allow a company to move forward.

One of the ways to resolve these differences is to expand everyone’s perspective of the problem. To allow some of the scope to expand to generate a bigger picture. In other words, allowing people to see the forest for the trees. We know that we have a dead tree in the middle of our forest, and our actions to get that tree out may have negative impact on the rest of the forest. If one of the solutions was to burn down the dead tree, there could be some serious implications to the rest of the forest if we did that without really thinking about it. Working to resolve the differences may highlight the fact that we’re in the middle of a drought right now and that burning that dead tree would likely cause the entire forest to go up. This of course would be the worst thing we could do.

This way of viewing problems has several names, including complexity theory and systemic thinking. I believe that we have a serious lack of system thinking in our government today. There are two areas that have struck me as the most obvious and these involve the courts. The first is the continued assault on women’s rights in many different states. These state governments are slowly picking at pieces of reproductive rights of women when choosing to have an abortion or not. In some cases, the ruling is extremely narrow and seems to intentionally avoid looking at the full system of problems. The one shining light example against this is the ruling that has kept open a clinic in Mississippi. The judge realized that if this law was allowed to stand it would have closed the only legal clinic for abortions.

The other area that is a cause for concern is the recent PA ruling on Voter ID requirements. While on the face it seems like it’s fairly straight forward. I mean why shouldn’t there be a law requiring you to show a proper state ID, but then why isn’t a voter registration card considered a valid ID? Couldn’t this resolve the issue? The other factor that doesn’t seem to be considered, is the systemic efforts to make it more difficult to acquire state ID throughout the country, such as Wisconsin closing DMV locations or reducing hours – by the way Wisconsin’s voter ID law was ruled unconstitutional.

Through taking a systemic view the efforts in total indicate an effort to reduce or control the ability of the electorate to vote. While the law itself may make sense on the surface, viewing the entire system displays the total efforts and would indicate that a different ruling should be considered. This is the similar type of issue that there is with the Citizen’s United ruling. With a very narrow focus and inability to look at the full system a ruling that has dramatically changed our political landscape is seen to make a great deal of sense.

Europe in the Driver’s Seat

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Today I woke up to wonderful news. CERN has discovered the Higgs Boson particle, the so called “God” particle and the EU parliament has voted against ACTA. This is a great day for science and for freedom of expression.

What do these mean? Well, the Higgs particle is supposed to be the particle that gives everything else mass. It is the actual building block that everything in our universe is supposedly built upon. Why do I say supposedly? Well, the discovery is with a 5 sigma confidence. This is a really good, but in many cases they like to have 9 sigma. What does that mean in layman’s terms? So most testing is looking for a probability of less than 5% that this could happen by pure happenstance, or random error. This means that 95% of your data bear out the test your trying to answer. This happens around 2 sigma where sigma represents a standard deviation. Most products are made with safety specifications around 2 sigma, maybe three sigma (99.73%). The values that we’re talking about are so high, that you’re starting to get into the range of lottery winning (or plane accidents for that matter) likelihood for 5 or 9 sigma. With such high confidence you actually start to run into a greater likelihood of missing the actual signal than for it to not actually be there. You are being so strict on your data requirements that something that actually is the real signal is ignored by your data set.

Does this change my daily life? No not at all. We won’t be able to do anything functional at this level for more than a century if ever. We’re still working on the results of Einstein’s theories and how to apply them. We haven’t really gotten quantum computing working or any of the other cool things we’re working on (teleporting light and particles for example). However, it does give us a greater understanding of how the universe works and we’ve had to develop a lot of new technologies to detect these particles. The technologies could be very useful in the future for completely unrelated applications.

ACTA is a very different story. I’ve talked about it in the past and mentioned how much of a risk it was to the openness of the internet and to our society as a whole. The largest political body in Europe has decided to reject ACTA. The vote wasn’t even remotely close. Our hard work has paid off and the treaty is effectively dead. In the US it hasn’t been ratified by the Legislative branch and is really only going to be between the US and Morocco, which really isn’t going to be very effective. This is fantastic news and I’m extremely excited about this.

Unfortunately, we can’t just take a break, we have to keep working on the main reason why these laws are even brought up for vote in the first place. The USTR is currently negotiating the TPP which is starting to be viewed in a similar fashion as ACTA. I believe that we’re on the right path for stopping these types of legislation and treaties.

Way to go Europe in two major things.

Norway and extremism

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My heart goes out to Norway. I’ve been doing a lot of reading about this, there have been tons of blog posts speculating the reasons that drove this man to commit these heinous crimes. Over on /r/atheism there’s discussion that atheists should be pointing out that this was a christian terrorist and work to ensure that the name sticks. They are saying that our media uses different words because he was christian compared to muslim.

In the US this massacre will no doubt bring up debates about restricting gun usage and access. However, Norway has some of the strictest gun laws in the world, and it clearly didn’t help. This blog post helps explain the extent that this man went to in carrying out this violence. Additionally Al Jazeera has an interesting op-ed lambasting NYT for quickly claiming it was a muslim terrorist then switching to christian extremist.

My take on this is a bit more complex. The op-ed writer claims that it’s not a battle between Islam and Christianity but a battle between extremists and the average person. While he is correct in that, it’s not as simple as we’d like it to be. Unfortunately, differences in religion and cultures make it very difficult to figure out ways of dealing with these problems. Misinformation has spread so there is a lack of trust between your average person in the west and in the middle east. Bridging that gap will be difficult. In europe there are additional problems.

In many articles there are discussions of the lack of integration of different groups of immigrants into European countries. Some of these groups have the highest rates of criminality in the country. For example in the Netherlands Moroccans are the group with the highest level of criminality in the country. They have not integrated well at all. However, this is a two edge sword, as in many cases they aren’t allowed to integrate. One of my friends told me about a friend of his roommate’s that is Moroccan and even though he was born and raised in Amsterdam he is excluded from most bars because he is Moroccan.

These problems are extremely difficult to deal with and the stereotyping and racism can lead to extremism. This is what we’ve seen in this case. In the US, it was fueled by the Tea-Party, Beck, Palin and other politicians, in the Netherlands it’s been fueled by Geert Wilders, and unless we can figure out a way to make them feel responsible for the anger they entice and inflame we are not going to see these messages stop.

That’s only part of it. We need to work together to create a way for both groups of people to integrate. Requiring immigrants to take language courses is a way to do this. However, at least in the Netherlands, they are extremely expensive and many of the workers are working class and may not be able to afford the courses. So, perhaps some integration programs by the government will help with this. Additionally, to help with cultural issues using full immersion courses would work best. These courses can help teach the history of the country and about the cultural heritage of the country as well. This will ease the transfer from the previous living environment to the new one, as well as make the new immigrants more likely to integrate.

Who is going to pay for that. I don’t know, most likely the immigrants and recent immigrants. However, this won’t address a lot of problems. Specifically how do you deal with people like this Norwegian guy? I’m not sure. But I think addressing the ability of immigrants to integrate may help a great deal with these problems.