Tag: napolitano

Conservatives, Liberals, and the TSA

Libertarians often debate whether conservatives or liberals are more friendly to liberty. We often fall back on the idea that conservatives tend to support economic liberties but not civil liberties, while liberals support civil liberties but not economic liberties – though this old bromide hardly accounts for the economic policies of President Bush or the war-on-drugs-and-terror-and-Iraq policies of President Obama.

Score one for the conservatives in the surging outrage over the Transportation Security Administration’s new policy of body scanners and intimate pat-downs. You gotta figure you’ve gone too far in the violation of civil liberties when you’ve lost Rick Santorum, George Will, Kathleen Parker, and Charles Krauthammer. (Gene Healy points out that conservatives are reaping what they sowed.)

Meanwhile, where are the liberals outraged at this government intrusiveness? Where is Paul Krugman? Where is Arianna? Where is Frank Rich? Where is the New Republic? Oh sure, civil libertarians like Glenn Greenwald have criticized TSA excesses. But mainstream liberals have rallied around the Department of Homeland Security and its naked pictures: Dana Milbank channels John (“phantoms of lost liberty”) Ashcroft: “Republicans are providing the comfort [to our enemies]. They are objecting loudly to new airport security measures.” Ruth Marcus: “Don’t touch my junk? Grow up, America.” Eugene Robinson: “Be patient with the TSA.” Amitai Etzioni in the New Republic: “In defense of the ‘virtual strip-search.’” And finally, the editors of the New York Times: ”attacks are purely partisan and ideological.”

Could this just be a matter of viewing everything through a partisan lens? Liberals rally around the DHS of President Obama and Secretary Napolitano, while conservatives criticize it? Maybe. And although Slate refers to the opponents of body-scanning as “paranoid zealots,” that term would certainly seem to apply to apply to Mark Ames and Yasha Levine of the Nation, who stomp their feet, get red in the face, and declare every privacy advocate from John Tyner (“don’t touch my junk”) on to be “astroturf” tools of “Washington Lobbyists and Koch-Funded Libertarians.” (Glenn Greenwald took the article apart line by line.)

Most Americans want to be protected from terrorism and also to avoid unnecessary intrusions on liberty, privacy, and commerce. Security issues can be complex. A case can be made for the TSA’s new procedures. But it’s striking to see how many conservatives think the TSA has gone too far, and how dismissive – even contemptuous – liberals are of rising concerns about liberty and privacy.

What’s a Libertarian?

That’s the question that John Stossel will be asking Thursday night to a motley collection of guests, including P. J. O’Rourke, Andrew Napolitano, Jeffrey Miron, and me. Tune in the Fox Business Network at 8:00 p.m. ET.

It repeats many times, as noted here, but you know, it’s like the NCAA championship: you don’t want to watch the repeat on ESPN Classic, you want to watch it live with everyone else for the collective experience. So be there at 8:00 Thursday.

Or of course you could just read Libertarianism: A Primer and The Libertarian Reader.

Arizona to Feds: No “Enhanced” Drivers License

Last week, the governor of Arizona signed H.B. 2426, which bars the state from implementing the “enhanced” drivers license (EDL) program.

If the federal REAL ID revival bill (PASS ID) becomes law, it will give congressional approval to EDLs, which up to now have been simply a creation of the federal security and state driver licensing bureaucracies.

As governor of Arizona, the current Secretary of Homeland Security signed a memorandum of understanding with the DHS to implement EDLs, and she backs PASS ID even though she signed an anti-REAL ID bill as governor. As I said before, Secretary Napolitano seems to be taking the national ID tar baby in a loving embrace.

Fun With DHS Press Releases!

Let’s fisk a DHS press release! It’s the “Statement by DHS Press Secretary Sara Kuban on Markup of the Pass ID Bill by the Senate Homeland Security and Government Affairs Committee.” Here goes:

On the same day that Secretary Napolitano highlighted the Department’s efforts to combat terrorism and keep our country safe during a speech in New York City,

This part is true: Secretary Napolitano was in New York speaking about terrorism.

Congress took a major step forward on the PASS ID secure identification legislation.

There was a markup of PASS ID in the Homeland Security and Governmental Affairs Committee. It’s a step – not sure how major.

PASS ID is critical national security legislation

People who have studied identity-based security know that knowing people’s identities doesn’t secure against serious threats, so this is exaggeration.

that will break a long-standing stalemate with state governments

Thirteen states have barred themselves by law from implementing REAL ID, the national ID law. DHS hopes that changing the name and offering them money will change their minds.

that has prevented the implementation of a critical 9/11 recommendation to establish national standards for driver’s licenses.

The 9/11 Commission devoted three-quarters of a page to identity security – out of 400+ substantive pages. That’s more of a throwaway recommendation or afterthought. False identification wasn’t a modus operandi in the 9/11 attacks, and the 9/11 Commission didn’t explain how identity would defeat future attacks. (Also, using “critical” twice in the same sentence is a stylistic no-no.)

As the 9/11 Commission report noted, fraudulent identification documents are dangerous weapons for terrorists,

No, it said “travel documents are as important as weapons.” It was talking about passports and visas, not drivers’ licenses. Oh – and it was exaggerating.

but progress has stalled towards securing identification documents under the top-down, proscriptive approach of the REAL ID Act

True, rather than following top-down prescription, states have set their own policies to increase driver’s license security. It’s not necessarily needed, but if they want to they can, and they don’t need federal conscription of their DMVs to do it.

– an approach that has led thirteen states to enact legislation prohibiting compliance with the Act.

“… which is why we’re trying to get it passed again with a different name!”

Rather than a continuing stalemate with the states,

Non-compliant states stared Secretary Chertoff down when he threatened to disrupt their residents’ air travel, and they can do the same to Secretary Napolitano.

PASS ID provides crucial security gains now by establishing common security standards for driver’s licenses

Weak security gains, possibly in five years. In computer science – to which identification and credentialing is akin – monoculture is regarded as a source of vulnerability.

and a path forward for ensuring that states can electronically verify source documents, including birth certificates.

We’re on the way to that cradle-to-grave biometric tracking system that will give government so much power over every single citizen and resident.

See? That was fun!