Topic: Telecom, Internet & Information Policy

A Look Over the Horizon? Look All Around!

You don’t have to look far over the horizon to know what life in America would be like if we had a national ID.  On Saturday, the Associated Press reported that a mall in Wauwatosa, Wisconsin is considering requiring ID from youths before they can enter.  This is private ordering, of course, but private ordering doesn’t happen in a bubble.  Private actors will be much more likely to check IDs if there is a nationally uniform ID system.

With IDs and credentials of different designs and from different issuers in our hands today, ID checking is relatively rare, and rarely automated.  Nonetheless, companies like Intelli-Check are pushing electronic ID-checking systems for nanny-state purposes. They would have a much easier time if all of us carried the same card and it was effectively mandatory.  Keep in mind that more ID checking equals more personal data collection.

In tiny Earlville, Illinois, a woman named Joy Robinson-Van Gilder has started a one-woman crusade against her local public school which decided to use fingerprint biometrics to administer the purchase of hot lunches in the cafeteria.  Despite her wishes, they fingerprint-scanned her 7-year-old, for a time refusing to allow him hot lunches if he wouldn’t use their system. 

The starting point for this kind of program is using it to manage lunch payments, but the ending point is a detailed record of each child’s eating habits and the school usurping the role of parents.  It’s no wonder government schools are at the center of so much social conflict.

There is nothing inherently wrong with identification or with biometrics but, unless they are adopted through voluntary choice, they will be designed to serve institutions and not people.

“Amen Brother” and Other Funky Breaks

Against Monopoly points to a YouTube video that tracks some of the history of the “Amen Brother” beat and sampling generally.  That’s the practice of taking pieces of an existing song and weaving it into a new one.

The video reminded me again of the upwelling of creativity that occurred in the late 80’s before sampling came on the the radar screen of copyright holders.  Though sampling remains possible, it is done less often because of the legal minefield one encounters when doing so.

“Amen Brother” is important, of course, but there are many other beats that contend for top honors. I went looking for James Brown’s “Funky Drummer” and came across this list of beats, calling itself “The 30 Greatest Hip Hop Drum Breaks & Samples of All Time.” Well, I’m not so sure, if it doesn’t have Funky Drummer, but listening to the beats connotes the dozens of songs that succeeded them. It’s an exciting window into our culture.

Finally, after much searching, I came across the Funky Drummer beat on this list. Enjoy the two-and-a-half seconds of bliss.

The point? Creative works are not just outputs of creative people - they’re also inputs to new creative works, a point made well by Greg Lastowka and Dan Hunter in their Cato Policy Analysis Amateur-to-Amateur: The Rise of a New Creative Culture.

The Federal Communications Commission Versus the First Amendment

Newspapers and movie studios have reasonably good protections from government intervention and censorship. But as Steve Chapman explains, the Federal Communications Commission successfully has limited the First Amendment rights of television networks:

The First Amendment’s guarantee of freedom of speech has complex implications, but it clearly means two things: The government cannot tell you what to say, and it cannot tell you what not to say. That is your own business, and if you conduct it in a way the government dislikes, the government can take a flying leap. Unless by “government” you mean the Federal Communications Commission. It operates on the assumption that in its special realm, the First Amendment is a nonbinding resolution.

In addition to the constitutional argument, he makes two excellent points. First, improving television quality (as defined by politicians) is not the business of government. Second, parents should decide what their kids see, not bureaucrats:

…parents who want to shield their kids from bad language on TV already have ample means to do so – via channel blocking and V-chips that can be used to filter out programs with content they regard as inappropriate. The FCC says these methods are ineffective because parents don’t use them. More likely, parents don’t bother because they don’t think the problem is serious enough to justify the effort to shield kids from words they’ve already heard on YouTube. To insert the federal government is not a way to strengthen the authority of parents but to circumvent it. …The idea that we need the FCC to assure educational opportunities for children is nonsense on stilts. In the first place, there are plenty of channels, from PBS to the Discovery Channel, that offer nothing but educational programming. …In the second place, any parents truly interested in exposing their children to intellectual stimulation are more likely to shut the TV off than turn it on. Even if more educational programming would be a good thing, what business is that of the government? More G-rated films would be a good thing, too, but we don’t force movie studios to produce them. …Today, most viewers no longer distinguish between cable and broadcast programs. So having different rules for each makes about as much sense as having different regulations for odd- and even-numbered channels.

Senator Susan Collins Supports National ID

I wrote here previously about Senator Susan Collins’ odd move to protect the REAL ID Act from a nationwide rebellion that began in her own state of Maine.  She had introduced a bill to extend the deadline for implementation of the REAL ID Act by two years.

Followers of REAL ID know that delaying implementation helps a national ID go forward by giving the companies and organizations that sustain themselves on these kinds of projects time to shake the federal money tree and get this $11 billion surveillance mandate funded.

It is now clear that the bill is intended to provide a key piece of support to proponents of a national ID, as shown by a press release on her Web site this morning touting a statement from the National Governors Association.  Collins has gone native, attending more carefully to the interests of national political organizations than to the interests of her constituents in Maine.

Representative Tom Allen (D-ME) has introduced legislation to repeal REAL ID and restore the identification provisions in the 9/11-Commission inspired Intelligence Reform and Terrorism Prevention Act.  Unlike Collins, he seems to be paying attention to his home state.  Politicians’ stances on REAL ID have affected their electability in the past.

Senator Collins should be well aware that delay can’t make the REAL ID Act work.  The real problem is the law itself, and it should be repealed.

Update: A DHS press release issued today announces that it will grant states an extension of the compliance deadline, and it will allocate funds from the Homeland Security Grant Program.  The money tree has already begun shaking.  Secretary Chertoff is quoted saying, “We are also pleased to have been able to work with Senator Susan Collins, and I believe that the proposed regulations reflect her approach.” 

Who You Gonna Believe, Me or Your Lying Eyes?

Here’s Representative Barbara Cubin’s (R-WY) letter to state legislators regarding the REAL ID Act, as reported in the Casper Star-Tribune:  “The new driver’s licenses will allow state and federal law enforcement to check the authenticity of a license, but will not grant access to state databases of private information.”

Now here’s section 202(d) of the REAL ID Act:

To meet the requirements of this section, a State shall adopt the following practices in the issuance of drivers’ licenses and identification cards: …

(12) Provide electronic access to all other States to information contained in the motor vehicle database of the State. 

(13) Maintain a State motor vehicle database that contains, at a minimum–

(A) all data fields printed on drivers’ licenses and identification cards issued by the State; and

(B) motor vehicle drivers’ histories, including motor vehicle violations, suspensions, and points on licenses.

Who you gonna believe?

Government Identity Programs in Collapse?

Government Computer News has had a number of articles recently about the problems besieging the Transportation Worker Identity Card (or TWIC), one of a number of government identification systems nominally responding to the post-9/11 threat environment.  It should be no surprise to government watchers that a service provider for TWIC, viewed by many as unqualified, happens to be in the district of the former Chairman of the House Appropriations Committee’s Homeland Security Subcommittee.

The REAL ID Act is a bigger government identity control project, by far, which attempts to force states to convert their drivers’ licenses into a national ID card.  Regulations implementing REAL ID are widely expected to be released this week.  

Even while the architects of the surveillance state gather to talk about implementation, the Washington Post has an article out today that is probably best taken as the first post mortem on REAL ID

The headline (“As Bush’s ID Plan Was Delayed, Coalition Formed Against It”) wrongly attributes REAL ID to the Bush Administration, which was not a proponent of REAL ID, though the President did accept it as part of a military spending bill.  The article correctly attributes responsibility to Rep. James Sensenbrenner (R-WI), the former Chairman of the House Judiciary Committee.

Though the Bush Administration has room to distance itself from this colossal unfunded national surveillance mandate, a prominent member of the Administration appears to have consumed the REAL ID Koolaid - in quantity.

“If we don’t get it done now, someone’s going to be sitting around in three or four years explaining to the next 9/11 commission why we didn’t do it,” Homeland Security Secretary Michael Chertoff told the Senate’s Homeland Security Committee on Feb. 13.

Secretary Chertoff’s shameless terror-pandering is matched only by his ignorance of identification’s utility as a security tool.  People who understand identification know that it does not provide security against committed threats.

It’s unfortunate that government works by trial and error, but this trial may soon show that a national ID is error.