Topic: Law and Civil Liberties

Mbeki Banned in South Africa

Not President Thabo Mbeki, of course. But his brother, the outspoken political commentator Moeletsi Mbeki, turns out to be one of nine people banned from the airwaves by the South African Broadcasting Corporation, which is, in the words of the Washington Post, increasingly “reverting to its apartheid-era roots as a tool for government propaganda.”

The new top news executive at SABC, Snuki Zikalala, is a former spokesman for the African National Congress-dominated government who “received his journalistic training in Communist Eastern Europe.” A new report says that he is responsible for the ban on nine government critics.

In the last days of apartheid, some libertarians pointed out to South Africa’s rulers that if they left a government broadcasting operation in place, they would one day regret the way a different government would use it. Looks like that day has come.

Meanwhile, you can’t hear Moeletsi Mbeki on South African radio and TV. But you can read his thoughts in this Cato Foreign Policy Briefing.

The End of Fidel Castro?

NPR has a report this morning that it’s looking more and more like Fidel Castro is terminally ill and will not return to power. NPR and Reuters both suggest that younger brother Raul Castro may open up the economy and even the political system to some extent.

Meanwhile, after 47 years of tyranny, some leftists still revere the Cuban dictator. A “colossal portrait” depicting Castro as “a champion of civil rights” will be unveiled in Central Park on November 8.

Vegemitegate: the Saga Continues

An update from my post yesterday on the supposed ban on Vegemite: its not true. According to this article, it is all just a misunderstanding between friends:

Under US regulations, folate can be added only to breads and cereals. One of the Vitamin B components (in Vegemite) is folate,’ [FDA spokesman] Herndon explained. ‘In and of itself, it’s not a violation. If they’re adding folate to it, boosting it up, technically it would be a violation. But the FDA has not targeted it and I don’t think we intend to target Vegemite simply because of that.’

OK, Mr. FDA. I’ll call off the hounds. But I will be testing your system in January when I return from Australia with a year’s worth of Vegemite in my suitcase.

Should Government Identity Documents Use RFID?

Interesting question - and perhaps simpler than many people think. 

Back in June, the Department of Homeland Security’s Data Privacy and Integrity Advisory Committee (on which I serve) published a draft report on the use of RFID for human tracking.  (“RFID” stands for radio frequency identification, a suite of technologies that identify items - and, if put in cards, track people - by radio.)  The report poured cold water on using RFID in government-mandated identity cards and documents.  This met with some consternation among the DHS bureaus that plan to use RFID this way, and among the businesses eager to sell the technology to the government.

Despite diligent work to put the report in final form, the Committee took a pass on it at its most recent meeting in September - nominally because new members of the Committee had not had time to consider it.  The Committee is expected to finish this work and finalize the report in December.

But skeptics of the report continue to come out of the woodwork.  Most recently, the Center for Democracy and Technology wrote a letter to the Privacy Committee encouraging more study of the issue, implicitly discouraging the Committee from finding against RFID-embedded government documents.  CDT invited ”a deeper factual inquiry and analysis [that] would foster more thoughtful and constructive public dialog.”

If the correct answer is ”no,” do you have to say “yes” to be constructive? RFID offers no anti-forgery or anti-tampering benefit over other digital technologies that can be used in identification cards - indeed it has greater security weaknesses than alternatives.  And RFID has only negligible benefits in terms of speed and convenience because it does not assist with the comparison between the identifiers on a card and the bearer of the card.  This is what takes up all the time in the process of identifying someone.   (If that’s too much jargon, you need to read my book Identity Crisis: How Identification is Overused and Misunderstood.)

I shared my impression of CDT’s comments in an e-mail back to Jim Dempsey.  Jim and CDT do valuable work, but I think they are late to this discussion and are unwittingly undermining the Privacy Committee’s work to protect Americans’ privacy and civil liberties. My missive helps illustrate the thinking and the urgency of this problem, so after the jump, the contents of that e-mail:

Jim:

I’ve had time now to read your follow-up comments on the Department of Homeland Security Privacy Committee’s draft report on RFID and human tracking, and you and I have spoken about it briefly.  I wanted to offer a response in writing, and make my thinking available to others, because you and CDT are important figures in discussions like this.

First, I think it’s important to put the burden of proof in the right place.  When DHS proposes a change as significant as moving to radio-frequency-based (RF), digital human identification systems, the burden of proof is on the DHS to show why they should be adopted.  The burden is not on the Committee to show why they should not.

The use of digital methods to identify people is a sea change in the process of identification.  You know well, because you have written on these subjects extensively, that digital technologies make it very easy to collect, store, copy, transfer, and re-use personal information.  The leading identification systems being proposed and deployed for use on Americans are not just digital – they go a step further and use radio frequency technology of various stripes. 

Digital identification systems, such as the government-mandated RF systems we discuss generally in the report, have entirely different consequences for privacy from the analog and visual identification methods primarily used in government ID up to this point.  We begin to explore these consequences in the report. 

The report tries to confine itself to the concerns created by the addition of RF because trying to reach all the concerns with government-mandated digital ID systems is such a formidable task and because RF systems are the leading ones under consideration and development. 

Which brings me to a second important point: These systems are being designed, built, and implemented right now

The DHS components that want to use RFID to track people are not awaiting the study or studies you propose.  The Privacy Committee’s role is to call out important privacy issues at relevant times and the draft report on using RFID for human tracking does that. 

If you wish to step back and ponder the issues, you are welcome to, but the inference I draw from your letter – that we should delay or suspend the Committee’s report on use of RFID for human tracking – would make the Committee a full participant in a program planning scenario we see too often in Washington, D.C.:  “Ready … fire … AIM!”

As you point out, the draft report does not reach every concern with every system, nor the detailed differences among them.  But it is not the job of the Committee to perform the in-depth study or studies you suggest. That is the job of the Department of Homeland Security components that seek to deploy these systems.

The members of the drafting subcommittee sought information about these systems and the privacy issues associated with them, and considered everything we were told and given by industry, privacy advocates, members of the public, and DHS components.  The information we have leads us fairly and accurately to conclude that the merits (and, through cost-benefit comparison, the net benefits) of these systems have not been shown.

I won’t belabor the specifics of all you invite the Committee to study in your comments, but I was particularly struck by your challenge to us to substantiate the following statement from the draft report:  “Without formidable safeguards, the use of RFID in identification cards and tokens will tend to enable the tracking of individuals’ movements, profiling of their activities and subsequent, non-security-related use of identification and derived information.”

Jim, we have yet to see an RF human identification system that does not collect and store information about every American subject to it for at least 75 years. You know that data collections this deep, held for periods of time this long, tend to find new, unanticipated, and often undesirable uses.  This is but one of the concerns with these systems.

Your letter is awfully sanguine for an organization that advocates for civil liberties and democratic values.  If CDT plans to do a “full and objective” assessment of RFID’s use in human tracking, I would be happy to help bring you up to speed.

 

Jim Harper
Director of Information Policy Studies
The Cato Institute

With Allies Like These…

Close readers of my blog entries will have detected an increasingly irritated tone of late. What with farm subsidies, Doha doldrums, idiotic “solutions” to the trade deficit “problem” and a campaign season upon us, my long-suffering colleagues have become used to my cries of despair.

And now this, through a tip from my colleague and next-door-office-mate, Brink Lindsey (who has no doubt tired of my “You’ve got to be kidding me” exclaims as I read the headlines every morning). The United States has banned Vegemite, that staple food of Aussies everywhere and an emotionally crucial link to the motherland for all us expatriates living in the United States.

According to this article, the FDA allows folate (or folic acid, which has been added to Vegemite) to be added only to breads and cereals (never mind that Vegemite was practically invented for nutritional purposes, to stave off Vitamin B deficiencies).  From a 1996 news release from the FDA:

specified grain products will be required to be fortified with folic acid at levels ranging from 0.43 milligrams to 1.4 mg per pound of product. These amounts are designed to keep daily intake of folic acid below 1mg, because intakes above that amount may mask symptoms of pernicious anemia, a form of vitamin B12 deficiency which primarily affects older people.

Heaven forbid that the flood of Vegemite pouring into the United States should upset the delicately balanced just-enough-but-not-too-much-folic-acid directive from the FDA.

Australia is an ally of the United States. A small ally, yes, but loyal. Our troops have served side by side in World War II, Korea, Vietnam and the Gulf wars. Australian troops are in Afghanistan and Iraq. And, more to the point, our countries have signed a free-trade agreement

Part of me is taking comfort that this truly is a non-tariff barrier implemented to protect consumer health (misguided though that aim may be), rather than an act of disguised protectionism designed to shield the politically powerful import-competing domestic Vegemite industry located in electorally important swing-states. But it’s unfair all the same. And I’m angry.

Thank goodness my parents smuggled contraband Vegemite through customs when they visited me in July, but I think not of my own well-stocked shelves, but the growling bellies of my compatriots. I plan to share this story with my Australian friends. Expect outrage.

(Please note I am filing this under Civil Liberties, as well as Trade).

Althouse on Judicial Activism

Ann Althouse has an insightful op-ed in the Wall Street Journal, which argues that judicial activism is inevitable in a system, like ours, in which the Constitution forces courts to define and protect individual rights.  The tough question for Courts isn’t whether to be active or inactive, but how best to define and protect the constitutional rights that courts are institutionally obligated to defend:

There was a time – not all that long ago – when we openly praised the activist judge and scoffed at the stingy jurist who invoked notions of judicial restraint. That restraint was a smokescreen for some nasty hostility toward individual rights, we’d say. Now we all seem to love to wrap ourselves in the mantle of the new fashion [of judicial restraint]. But that fashion comes at the price of candor.

 Hat tip:  Jonathan Adler.

A Democratic Congress, Scary? Compared to What?

The office of House Majority Whip Roy Blunt (R-MO) has produced a document titled “Pelosi’s House.”  It is a list of 

out-of-the-mainstream bills introduced by Democratic Members [that] deserve particular attention because the principle [sic] advocates are the very individuals who would be in a position to schedule committee markups and move the legislation through the Congress should the Democrats take control. 

The list includes bills that would nationalize health care, create an adult diaper benefit under Medicare, reduce mandatory minimum sentences for crack cocaine, etc.

The list is less scary than its authors seem to think.  Reducing jail time for selling crack cocaine is actually a good idea.  And most of the bills have little support even among Democrats.  A bill that would nationalize health care has only 19 cosponsors, which is less than 10 percent of Democratic House members and less than 5 percent of the full House.

I mean really.  If the Democrats were to take control of the House, probably the worst they could do is add an expensive new prescription drug entitlement to Medicare. 

Oh, wait.  The Republicans already did that.  So the Democrats would have to shoot for something else, like a new adult diaper entitlement.  At least the GOP would go back to opposing such things.  Right?