Topic: Law and Civil Liberties

Fake IDs Save Lives in Iraq

A fascinating AP report says that Iraqis are using fake IDs in light of the recent growth in sectarian killings.  The major groups in Iraq are not distinguishable by physical traits, but they are by name.  To avoid being killed, people are getting false identification cards:

Surnames refer to tribe and clan, while first names are often chosen to honor historical figures revered by one sect but sometimes despised by the other. 

For about $35, someone with a common Sunni name like Omar could become Abdul-Mahdi, a Shiite name that might provide safe passage through dangerous areas.

This illustrates very well how genuinely complex security can be.  At any time, the relevant authorities in Iraq could have decreed that all people get (as near as possible) forgery-proof biometric ID cards and carry them at all times - a great way to batten down a country, right? 

Doing so would have fed directly into the strategy being used by the enemies of peace and security in Iraq today: setting up fake checkpoints and killing people who arrive there members of the wrong sect. Identity cards had a role in the Rwandan genocide just over 10 years ago, as well.

Those who believe that identity cards are a simple route to good security, well, they suffer what is so rightly known as the fatal conceit. Central planning that deprives people of control over their lives can be deadly–literally–in surprising and unpredictable ways.

Thank goodness for the fake ID outlets in Iraq today, and thank goodness the promoters of ”secure ID“ in the United States didn’t take their message to Iraq.

The tradeoffs involved in identification are discussed in my book, Identity Crisis.

Geneva and Guantanamo

The news wires are saying there has been a major policy development concerning Guantanamo Bay.  The Bush administration is now changing its stance with regard to the Geneva Convention, reports say.

The White House says today’s announcement does not reflect a change in policy.  That is probably right.  That is, the Supreme Court ruling in Hamdan established some new law with respect to the application of Geneva to detainees and the Pentagon is now simply tinkering with some policies to comply with that ruling.

Because Clintonian word games still pervade the capital, however, one must scrutinize these policy announcements very closely.  For example, whatever the Pentagon is saying about Guantanamo today may be limited to the Pentagon and to the men held at Guantanamo Bay.  I say that because in 2002, President Bush issued a directive that pledged humane treatment to all prisoners in U.S. custody.  Attorney General Alberto Gonzales later admitted in 2005 that that directive did not apply to officers of the CIA and other nonmilitary personnel. 

Orrin Hatch Backs Drug Legalization

Who would’ve thunk it? Turns out that former Senate Judiciary Committee chairman Orrin Hatch (R-Utah) doesn’t believe in jail terms for drug users. At least I guess that’s what this story means:

U.S. Sen. Orrin Hatch of Utah, a musician in his own right, helped secure the release of Atlanta R&B producer Dallas Austin from a Dubai jail after a drug conviction, the senator’s office confirmed Saturday.

In a statement released through his staff, the conservative Republican said he was contacted by Austin’s attorneys, then called the ambassador and consul of the United Arab Emirates in Washington on Austin’s behalf.

A Grammy winner who has produced hits for Madonna, Pink and TLC, Austin was arrested May 19 and convicted of drug possession for bringing 1.26 grams of cocaine into Dubai.

Surely Hatch thinks regular old Americans are due the same consideration as a Grammy-winning singer. He’d advocate the release of any American convicted of possessing 1.26 grams of cocaine, right?

Or are politicians hypocrites? Could it be that they think average Americans like Richard Paey should go to jail for using large amounts of painkillers, but not celebrities like Rush Limbaugh? Could it be that they laugh about their own past drug use while supporting a policy that arrests 1.5 million Americans a year, as a classic John Stossel “Give Me a Break” segment showed? (Not online, unfortunately, but you can read a commentary here.)

Putting people in jail for using drugs is bad enough. Putting the little people in jail while politicians chortle over their own drug use and pull strings to get celebrities out of jail is hypocrisy on a grand scale.

UK National ID in Collapse - U.S. National ID to Follow?

The Sunday Times (U.K.) reports that “Tony Blair’s flagship identity cards scheme is set to fail and may not be introduced for a generation.” The Times cites leaked e-mails reflecting senior officials’ belief that the plan to subject the U.K. population to the regimentation of a national ID system is falling apart. Even a backup, scaled-down national ID card isn’t “remotely feasible,” according to the e-mails cited by the report. Ministers who are pressing ahead with the plan are “ignoring reality.”

Similar e-mails may well be floating around the U.S. Department of Homeland Security, which will be issuing regulations to flesh out the REAL ID Act this summer this fall after November 7th. (No bureaucrat with an ounce of political acumen would drop a $9-billion-dollar unfunded surveillance-mandate before the mid-term election.)

This is not bad news. A national ID system is useful for controlling a law-abiding population, but not useful for securing against law-breakers, particularly committed threats like terrorists - unless it is part of a total surveillance system.

The failure to implement a national ID system in the U.S. would represent little loss to the nation in terms of security, and a substantial gain in terms of preserved freedom and autonomy. All this is discussed in my new book, Identity Crisis: How Identification is Overused and Misunderstood.

Unlike the U.K., where a national ID is apparently a project identified with Tony Blair, the Bush Administration does not have to look for a face-saving alternative. The U.S. national ID was not a Bush Administration project, but something it accepted in a political bargain. The Administration can now (rightly) declare it impossible to implement and inconsistent with American values, then work with Congress to repeal the REAL ID Act.

Remembering Japanese Internment

Over the 4th of July, I headed out West to a family reunion in a very remote part of the U.S.: Minidoka County, Idaho–an apocalyptically stark stretch of mile-high lava rock and sagebrush in the heart of the Snake River basin, unfolding like a moonscape from the base of the Albion mountain range at the Utah-Idaho border.

I’d grown up on my dad’s stories about his Idaho childhood. One story that intrigued was his very early memory of working my grandfather’s fields alongside Italian and German World War II POWs, who were held in a prisoner-of-war camp near Twin Falls, Idaho. POWs were used to remedy a shortage of farmhands in agricultural areas throughout the U.S.

Not long ago, I asked my dad if any World War II Japanese internment camps had operated in the Minidoka area. He wasn’t aware of any. Imagine my surprise then when I learned of this memorial service, held today, for the Minidoka internment camp–one of the larger Japanese internment camps operated during World War II.

Its no surprise my dad–otherwise an encyclopedia of information about southern Idaho–was caught short on this question. Virtually nothing of substance remains to memorialize the camp today, although a more substantial memorial is planned.

Minidoka residents–fond of calling their region the “Magic Valley“–shouldn’t get off so easily. Just as the government loaned Axis POWs to some local farmers, it loaned Japanese-Americans to others. Some 2,300 “Nisei” camp residents worked area sugar beet farms on “agricultural leave” from the Minidoka camp–hard, backbreaking work at a time when local farming was undertaken without modern tractors or modern irrigtation technology. To be sure, the camp residents weren’t technically forced to work, as this bit of outrageously upbeat 1943 government propaganda notes–but the Japanese internees had little other choice of employment.

This shameful episode–part of the darker history of communities throughout the West and a telling example of the worst that can happen when courts abdicate oversight of the political branches during wartime–deserves substantial local recognition in Minidoka and other host communities. For more about the location of internment camps, see here and here.

Technology Beats Law for Fixing ‘Technology’ Problems

In late 2004, when Congress passed the Video Voyeurism Prevention Act [.pdf], America breathed a sigh of relief knowing that taking naughty photos was now illegal “in the special maritime and territorial jurisdiction of the United States.” That’s just about nowhere as far as thwarting video voyeurism goes, but the symbolism was just too good for Congress to pass up.

Cameras are shrinking in size while improving in quality, and human nature remains unchanged, so video voyeurism is a growing problem. It’s a “technology” problem in the sense that the technology enables carrying a natural human interest to unnatural extremes. Let’s talk about solutions.

Both law and morals are weak tools. You can make it illegal and you can shame the people you catch, but it’s not going to stop. After all, the behavior is carried on in secret already. Legal or illegal, and shameful as it is, video voyeurism is likely to increase.

That’s why I was so happy to read an article this week about a technology to thwart furtive picture-taking. A researcher at Georgia Tech is developing a system that can find and neutralize digital cameras. You see, most digital cameras emit unique visible or invisible beams of light that can be sensed to reveal their whereabouts. Once the sensor identifies a digital camera, it can shine an infrared laser at the camera, overexposing it and rendering it inoperable.

Many people are concerned with RFID and other radio devices. The cure is not to prescriptively regulate, but to empower people with awareness and control over the radio waves around them. I would like to see software radios — and perhaps someone is working on one somewhere — that monitor traffic across the spectrum and observe on our behalf what devices and communications are in our midst. These radios could then give special warnings when RFID readers, unknown cell phones, and other unusual spectrum users are present.

Empowering, pro-technology, non-regulatory.

The First Amendment’s prescription for curing bad speech is to encourage more speech as a counter. A similar principle should be used when technology creates problems: Use more technology to counter them.

Federal Ban on Internet Gambling Marches On

Yesterday, I spoke with an aide to a Republican congressman who, as far as congressmen go, is somewhat libertarian. The aide told me that much to his chagrin, said congressman will be backing the ban on Internet gambling. What’s more, the aide said the congressman actually understands the economics of prohibitions, he just thinks that this will be the one time they don’t apply.

“For some reason, he thinks this is one instance where government can actually pull it off,” the aide said.

Unbelievable.

Internet gambling is already illegal, of course. That’s why gaming sites set up and operate offshore (several are actually traded on the London Stock Exchange). Yet, it’s still a $12 billion industry in the U.S. That means government already is trying, and failing, to prohibit it.

I guess the thinking is — as it is with the drug war — that if we try just a bit harder, spend just a bit more, harass private citizens just a bit more, and give government a bit more power, we’ll be able to buck history and finally make a vice prohibition stick.

Or perhaps lawmakers know it won’t work, and don’t care. The symbolism of trying to take a moral stand against gambling is more important than the policy actually working.

According to the New York Times, the gambling ban moves to the House floor for a vote next week, where it’s almost certain to pass. Here’s the kicker:

The majority leader, Representative John A. Boehner, Republican of Ohio, announced a few days ago that the measure would be voted on this summer as part of what the Republicans call their American Values Agenda.

So because the Republicans have garnered public scorn for the unethical, corrupt, morally bankrupt way they’ve governed over the last decade, they’ve decided to make a last-ditch attempt to hold on to power by passing judgment on the morals of their constituents (most of whom, polls show, oppose the bill).

Super.

The Times piece also looks at the free trade implications of Internet gambling prohibition, often overlooked in the debate. The Goodlatte-Leach bill will certainly exacerbate existing trade tensions between the U.S. and the 80 or so countries that allow online gambling. But many of those tensions have been bubbling over for years.

This bill brings up some new problems.

Because the bill effectively deputizes banks to sniff out and eradicate gambling among their customers (the creepy privacy implications of that alone ought to kill this bill), it amounts to a piece of blatantly protectionist legislation. Its practical effect will be to shield a domestic company (PayPal, which is owned by eBay) from foreign competitors like FirePay and Netteller.

I’ve explained a bit more about how this will work here.

Thus far, when countries like Antigua have challenged the U.S. gambling ban on free trade grounds, the Bush administration has fought tooth and nail to preserve its right to police the private behavior of American citizens. That means the administration has used millions of taxpayer dollars to prevent more liberty-minded countries from making too much freedom available to U.S. taxpayers over the Internet.

Of course, kicking Antigua around is one thing. When Britain mounts a challenge, as it likely will, this will all get much more interesting.

Gotta love the party of limited government.