Topic: Law and Civil Liberties

Australian National ID Card Abandoned

This somewhat cryptic blog post at Wired reflects the delight of Roger Clarke that the Australian national ID card has been dropped by the incoming government. Clarke wrote an article in 1994 that is probably fairly regarded as the foundation of identification theory. I expanded on his thinking in my book, Identity Crisis.

In related news, Montana Senators Max Baucus and Jon Tester put language prohibiting the expenditure of federal funds for development of a national ID card in the omnibus spending bill Congress passed last week. Because the Department of Homeland Security denies that REAL ID is a national ID, this language is probably hortatory during the current administration.

Update on the Internet Gambling Dispute

Good news and not-so-good news on the long-running saga over internet gambling (background here): Antigua has been awarded $21 million annual “damages” as a result of the United States’ restrictions on offshore provision of internet gambling and betting services.

That is far less than the $3.4 billion Antigua had asserted it is owed, but more than the United States had suggested was warranted ($500,000). On the other hand, the arbitrator gave Antigua permission to collect the damages by suspending their obligations to protect U.S. intellectual property. The $21 million worth of pirated software, movies, and music would go on annually unless and until the United States changes its laws, so we can expect some lobbying from Hollywood to have the restrictions on internet gambling lifted.

The report just came out, so I have yet to absorb it fully myself, but here it is.

DHS: And We Even Obey the Law!

The Department of Homeland Security’s Officer for Civil Rights & Civil Liberties, Daniel W. Sutherland, explains here the great pains DHS is taking … well, not to embarrass itself as American Muslims return from the Hajj. Well and good.

But he goes a little far in touting the department’s efforts: “For the first time in the federal government, a Cabinet-level Secretary has placed two civil libertarians in senior leadership positions – Hugo Teufel, our Chief Privacy Officer, and me.”

The Officer for Civil Rights and Civil Liberties and the Privacy Officer are statutory positions. I’m not sure self-congratulation is in order for following the law.

Defeat Terrorism

Terrorism is a strategy used by the weak to goad the strong into self-injurious overreaction.

DownsizeDC has a campaign underway that I think is critical to defeating terrorism. It’s described on their site this way: “We’re looking for a few brave Americans to start a real war on terror — by not being afraid!”

The “I am Not Afraid” campaign is not about passing or killing any legislation. It is just to get Washington, D.C.’s consistent overreaction to the threat of terrorism under control. The sense of proportion this campaign seeks to create really makes it worth a visit, but here’s a taste:

Nearly 800,000 people have died in car accidents in the last twenty years. During that time there have been exactly two Islamic terrorist attacks on U.S. soil, with less than 3,000 total fatalities. That’s more than 200 TIMES as many Americans dying in their cars as at the hands of Islamic terrorism. And yet …We’ve turned the whole world upside down in response to the two terrorist attacks. We’ve launched invasions, created vast new bureaucracies, shredded the Bill of Rights, compounded regulations, spent hundreds of billions of dollars, and disrupted travel and commerce. But no one is suggesting that we do 200 times as much to address the driving risk, which is 200 times greater.

Terror warriors, keep your straw men in the barn. This is not a pacifist, terrorism-denial campaign. It seeks proportional responses to threats, and acceptance of harms that cannot reasonably be prevented. The message to legislators:

“I am not afraid of terrorism, and I want you to stop being afraid on my behalf. Please start scaling back the official government war on terror. Please replace it with a smaller, more focused anti-terrorist police effort in keeping with the rule of law. Please stop overreacting. I understand that it will not be possible to stop all terrorist acts. I accept that. I am not afraid.”

This is good, important work to defeat terrorism.

Virginia’s National ID Tax

The Washington Post had a story yesterday on whether Virginia would implement the REAL ID Act, the national ID law that has been rejected by other states across the country. They object to its formidable costs, bureaucratic burdens, insoluble privacy problems, and ineffectiveness as a security tool. Why might Virginia go along?

“The vast majority of 9/11 terrorists used Virginia licenses,” Gov. Timothy M. Kaine (D) said. “I think that’s why you haven’t seen as much of a push back.”

It’s the hairshirt theory of policymaking - never mind whether making the driver’s license into a national ID will add to our protections.

Noting the governor’s proposal for a $10 increase in the fee to renew a Virginia driver’s license, the Roanoke Times editorializes today with a little more clarity:

Americans should not have to wait weeks for a driver’s license. They should not have to worry about a massive database tracking their every move. They should not have some wannabe national ID card sloughed onto states.

If you think a national ID tax and all this nonsense somehow adds to the country’s protections, then, yes, Virginia, there is a Santa Claus.

Lipstick on a Pig

The Fair, Accurate, Secure and Timely Redress Act of 2007 is a recently introduced bill that would establish a dedicated agency within the Department of Homeland Security to coordinate and streamline the appeals of people who believe they have been wrongly watch-listed by DHS or the Department of Justice. This office would maintain a “Cleared List” of names that have been identified as not representing a risk.

This is not an answer. As I’ve written before, watch-listing is alien to our system of justice and law enforcement. And because of the potential for opening holes in the pseudo-security watch-listing provides, getting “cleared” by this office would be a bureaucratic nightmare.

This proposal is lipstick on a pig. The pig is watch-listing.

Big Money Lurches Left

Last Friday, the Federal Election Commission ruled that money raised for John Edwards’ presidential bid by an organization called ActBlue was not eligible for matching funds from taxpayers. ActBlue is registered as a federal political action committee which means its fundraising cannot be matched by the presidential taxpayer financing program. The loss is not trivial for Edwards. ActBlue’s fundraising composed 15 percent of his total fundraising.

The facts of this case and the FEC’s technical ruling are not especially important. Edwards was unlikely to become the Democratic nominee, and this turn of events will not change the race for the presidency.

But the world is changing. The traditional story about money in politics goes like this. Rich people and corporations – overwhelming conservative and Republican – contribute almost all the money candidates need to run, thereby tilting the government toward their interests. Noble “reformers” enact campaign finance restrictions to limit the power of business and the rich. Then the little guy (that is, the Democratic party and especially its left wing) can rule in pursuit of everyone’s interest, a category that does not include the interests of the rich, the conservative, and the non-liberal, all of whom have no legitimate standing in a democracy.

Now the “little guy” has become Big Money. ActBlue and the Democratic party in general are raising money hand over fist. Republicans are far behind and appear to have little idea how to catch up. But the old rules which were designed to harm the “bad guys” reached out and harmed John Edwards, populist extraordinaire. This is not a new irony. The struggle over regulating the Internet in 2005 saw the left opposing campaign finance strictures. The left used 527 groups to work around campaign finance rules that threatened their political activities. And so on.

The traditional story about money in politics is starting to lose credibility. When reality has completely undermined the traditional story, how long before campaign finance deregulation becomes politically correct?