Topic: Telecom, Internet & Information Policy

Sunlight Before Signing in Obama’s First Term

Sunlight Before Signing” was President Obama’s 2008 campaign promise to put all bills Congress sent him online for five days before signing them. It was a measurable promise that I’ve monitored here since the beginning of his first term, and I will continue to do so in his second.

It was the president’s first broken promise, and in the first year he broke it again with almost every new law, giving just six of the first 124 bills he signed the exposure he promised.

With his first term concluded last month, we can now assess how well the president did with Sunlight Before Signing. Compliance with the promise got better, but it’s still not great. The president gave 413 of 665 bills five days of public review (and one he acceptably did not give five days due to emergency).

The easy bills almost always got five days review—few bills to rename post offices haven’t gotten sunlight. But more important bills often didn’t. Recent examples are the controversial FISA Amendments Act Reauthorization and the “fiscal cliff” bill.

  Number of Bills Emergency Bills Bills Posted Five Days %
2009 124 0 6 4.8%
2010 258 1 186 72.4%
2011 90 0 55 61.1%
2012 193 0 166 86.0%
Overall 665 1 413 62.3%

Would five days of public review have magically produced transparent government? Of course not. But imagine if the president had implemented and enforced his five-day promise from the beginning, and with every law.

Cato Scholars Speaking at Students for Liberty Conference — Join Us

The 2013 International Students For Liberty Conference, now in its sixth year, will bring over a thousand students and young liberty activists to Washington, D.C. to talk about ideas, hear from leading policy experts, and network with organizations and each other. I’m proud to have been the first speaker at the first ISFLC conference, in New York in 2008.  This year, the conference will be hosted at the Grand Hyatt Washington Hotel, just three blocks from the Cato Institute.

I will be presenting two lectures that weekend, a session with Young Americans for Liberty on “The Ten Ways to Talk about Freedom” and a luncheon keynote in Cato’s Yeager Conference Center on Reclaiming Freedom: The Case for Libertarian Ideas in Mainstream Politics. Plus I’ll be on a special taping of the “Stossel” show.

Other Cato scholars will be speaking on policy issues throughout the conference.  All of the below sessions will be taking place in the Hyatt’s Constitution room B.

Saturday, February 16
10:00-10:45am Restoring Constitutional Liberty Roger Pilon
11:15-12:00pm Privacy Under Attack Jim Harper
12:10–1:20pm Reclaiming Freedom: The Case for Libertarian Ideas in Mainstream Politics *Luncheon @ the Cato Institute* David Boaz
1:30-2:15pm The Clone Wars: Fighting to Educate Free Individuals Neal McCluskey
2:45-3:30pm A Foreign Policy for Advancing Liberty Abroad (without Undermining It at Home) Christopher A. Preble
4:00-4:45pm Economic Growth and the Future of Liberty Brink Lindsey
5:15-6:00pm How the Government Uses “Science” to Take Away Your Stuff Patrick J. Michaels
     
Sunday, February 17
10:00-10:45am How to Win Every Libertarian Argument Jason Kuznicki
11:15-12:00pm Why Libertarians Should Care Much More about Immigration Alex Nowrasteh

To attend the student luncheon event, please register online or sign up for your ticket at the Cato booth at the conference exhibit hall.

WaPo: Let’s Have a National Identity System

There can be no denying the link between the E-Verify system prominent in discussions of immigration reform and the policy of having a national identification system. The Washington Post editorialized about it this past weekend, saying “a universal national identity card” must be part of “any sensible overhaul of the nation’s immigration system.”

I’ve written about it many times, as I certainly will in the future. Today, though, I’ll commend to you a well-written piece by David Bier on the Competitive Enterprise Institute’s “Open Market” blog. In “The New National Identification System Is Coming,” Bier writes:

“Maybe we should just brand all the babies.” With this joke, Ronald Reagan swatted down a national identification card — or an enhanced Social Security card — proposed by his attorney general in 1981. For more than three decades since, attempts to implement the proposal have all met with failure, but now national ID is back, and it’s worse than ever.

Read the whole thing.

The irony is that appropriate immigration reforms—those that align the law with our country’s need for immigrant workers—could dispense entirely with “internal enforcement,” national employment surveillance, and deputization of businesses as immigration agents.

“We’re Going to Have to Come Up with Something.”

And that something is a national ID.

The quote is Senator Chuck Schumer’s (D-NY), speaking about immigration reform at Politico’s Playbook Breakfast. The national ID gloss is mine, based on the immutable logic of “internal enforcement.”

Senators Schumer and McCain (R-AZ) say that the “Gang of Eight” senators who are working up an immigration reform package are united on the idea of making it impossible for illegal immigrants to get work in the United States. The only way to do that is to put all working Americans—if you work, that means you—into a national ID system.

“People say, ‘National ID card,’” Senator Schumer says. They do because that is what he’s talking about.

Now, they haven’t gotten all the way through the logic of their plans. Senator Schumer talks about a “non-forgeable [Social Security] card,” but a Social Security card only proves that a certain name is linked to a certain number. If a system is going to prove that a given person is entitled to work in the United States, it must be an identity system. It must compare the identifiers of the person to the identifiers in the system, whether held on a card or in a database, so that it can assess their legal status, including natural-born citizenship.

This is why Senator Schumer also talks about biometrics. The system must biometrically identity everyone who works—you, me, and every working American you know. There is no way to do internal enforcement of immigration law without a biometric national identity system.

It looks as though E-Verify, an incipient national ID system, will be a part of most or all comprehensive immigration reform proposals. Ironically, immigration reform that aligns the law with our country’s economic need for labor would obviate the need for E-Verify and a national ID. 

There are lots of ways to become familiar with the national ID issues that have yet to bubble up in this early stage of the immigration reform debate. My 2006 book, Identity Crisis, is a decent primer on identity and national ID generally. I examined the direct line between internal enforcement of immigration law and a national ID in my 2008 paper: “Electronic Employment Eligibility Verification: Franz Kafka’s Solution to Illegal Immigration.” And my article in last year’s special Cato Journal on immigration reform was called: “Internal Enforcement, E-Verify, and the Road to a National ID.”

Milton Friedman on Business’s ‘Suicidal Impulse’

In a Wall Street Journal column titled “Silicon Valley’s ‘Suicide Impulse’” (Google the title if you can’t access it), Gordon Crovitz cites Milton Friedman’s speech to a Cato Institute conference in Silicon Valley in 1999:

In 1999, economist Milton Friedman issued a warning to technology executives at a Cato Institute conference: “Is it really in the self-interest of Silicon Valley to set the government on Microsoft? Your industry, the computer industry, moves so much more rapidly than the legal process that by the time this suit is over, who knows what the shape of the industry will be? Never mind the fact that the human energy and the money that will be spent in hiring my fellow economists, as well as in other ways, would be much more productively employed in improving your products. It’s a waste!”

He predicted: “You will rue the day when you called in the government. From now on, the computer industry, which has been very fortunate in that it has been relatively free of government intrusion, will experience a continuous increase in government regulation. Antitrust very quickly becomes regulation. Here again is a case that seems to me to illustrate the suicide impulse of the business community.”

You can find the full text of Friedman’s talk here.

For more on business’s suicidal impulses, see “Why Silicon Valley Should Not Normalize Relations With Washington, D.C.” by entrepreneur T. J. Rodgers; “The Sad State of Cyber-Politics” by Adam Thierer; and my own “Apple: Too Big Not to Nail.”

Very Good, House—Keep it Comin’

Yesterday, I shared my doubts about the prospect of getting budget and organizational data from the White House. Today, I’m happy to report genuine progress on open data from Congress.

The Government Printing Office announced today that it will be making House bills available in XML format and in bulk through FDsys, GPO’s Federal Digital System. House bills now join other material on GPO’s bulk data page.

If you’re like me, following that link gives you some idea of what’s there, but clicking through any further gives you no idea how to use it any more than other copies of bills. That’s OK, because the kids with the computers do know how to use it. And they can take well structured, timely data reflecting the proposals in Congress and turn it into various information services, applications, and web sites that make all of us better aware of what’s happening.

I believe the public has an Internet-fueled expectation that they should understand what happens in Congress. It’s one explanation for rock-bottom esteem for government in opinion polls. Access to good data would help produce better public understanding of what goes on in Washington and also, I believe, more felicitous policy outcomes—not only reduced demand for government, but better administered government in the areas the public wants it. (If you’re a reader of a certain partisan bent, you might appreciate the idea that the era of passing bills to find out what’s in them will end.)

Upon the release of my Cato Policy Analysis, “Grading the Government’s Data Publication Practices” I characterized President Obama as lagging House Republicans in terms of transparency. Today’s development helps solidify Republicans’ small lead. The GPO release says the initiative comes “[a]t the direction of the House Appropriations Committee, and in support of the task force on bulk data established by House report 112-511.”

The administration has plenty of capacity to retake the lead, of course, and could do so quite easily. I’ll call it like I see it, doing my best to reflect consensus among the transparency community as to the quality of data publication, when we return to grading the data produced by various organs of government in another year or so.

Did you think this praise would come without garnish? It’s like you don’t know me at all.

Open Data: Good, Not Yet Great

The White House is close to issuing a new policy requiring agencies to release data in open, machine-readable formats. That’s good.

Great would be the White House itself publishing machine-readable, open data when it issues the president’s budget in February. Along with the plan for fiscal year 2014 spending, why couldn’t we get the code that distinctly identifies each agency, bureau, program, and project—in essence, the organization of the U.S. federal government?

I find it continually amazing that there is still no machine-readable government organization chart. It’s the trellis on which endless forms of computer-aided oversight (internal and external) could grow.

Opening federal data to public uses is good, but the data that reflects government deliberations, management, and results is what really matters for transparency. I shared my thinking on all this in my recent Cato Policy Analysis, “Grading the Government’s Data Publication Practices.”