I know what you're thinking

By Capt. Fogg

My first thought was: I've seen this scenario in some cheesy Tom Cruise infected Sci-Fi movie. Apparently that thought occurred to the Nature.com editorial staff as well. The Department of Homeland Security it would seem, is testing a system to detect malicious thoughts. No really.

They call it Future Attribute Screening Technology (FAST) because that's what government departments do with their doings, lest clear speech shed clear light. They make up acronyms that disguise the tunnels they dig under the foundations of liberty, but I digress. The technology purports to identify individuals who are planning to blow things up or have "malintent" as they say in the dialect.

Like a more traditional polygraph, FAST measures heart rates, among other things. Heart rates respiration and perspiration go up, after all when you're nervous about the bomb in your shorts or wishing you could throttle some thick-skull TSA twit as he gives you grief over an aspirin in your pants pocket that shows up on a scanner and starts groping you for explosives as you put your hands over your head in abject submission. Hell I'm sure I'd set off all kinds of alarm bells right now just thinking of how I've so often been treated as a felon on his way into the penitentiary instead of a tired traveler trying to get home.

I have no idea about what else this electro-mechanical night club bouncer measures and I'm not sure it invades any privacy that hasn't already been taken away by the cowardly traitors who passed the "Patriot" Act. I'm too lazy and too unwilling to provoke myself into another Lewis Black style tantrum to read the " Privacy Impact Assessment" our bureaucratic brethren at DHS have given us. I'll leave that to you. Besides my loathing of people who seem to exist only for the purpose of inserting that fly-blown and putrid metaphor into every sentence, it was written, most revealingly, by someone any German speaker will recognize as the Devil himself: Hugo Teufel III, Chief Privacy offer at the DHS under George W. Bush.

Does it work any better than the Polygraph does at detecting the evasions of sociopaths? It would have to, since those tend to be the people we're looking to put on no-fly lists and of course we won't have the results interpreted by a seasoned professional, but rather someone who was promoted from K-Mart security officer last week.

No, it's the stuff of B movies or sarcastic Dr. Strangelove sequels or even Orwell novels, but perhaps we've lost the ability even to see what the politics of fear has done to us in our cringing, cowardly new century.

(Cross posted from Human Voices)

Just wrong

By Carl 

It makes little sense to spread democracy around the globe if we are not going to practise democratic ideals:

The Daily Telegraph, along with other newspapers including The Washington Post, today exposes America's own analysis of almost ten years of controversial interrogations on the world’s most dangerous terrorists. This newspaper has been shown thousands of pages of top-secret files obtained by the WikiLeaks website. 

[...]The files detail the background to the capture of each of the 780 people who have passed through the Guantanamo facility in Cuba, their medical condition and the information they have provided during interrogations.

Only about 220 of the people detained are assessed by the Americans to be dangerous international terrorists. A further 380 people are lower-level foot-soldiers, either members of the Taliban or extremists who travelled to Afghanistan whose presence at the military facility is questionable.

At least a further 150 people are innocent Afghans or Pakistanis, including farmers, chefs and drivers who were rounded up or even sold to US forces and transferred across the world. In the top-secret documents, senior US commanders conclude that in dozens of cases there is "no reason recorded for transfer".

However, the documents do not detail the controversial techniques used to obtain information from detainees, such as water-boarding, stress positions and sleep deprivation, which are now widely regarded as tantamount to torture. 

Now, let's see what the Framers had in mind with respect to "democracy":

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

Words you and I, if you're American, had to learn by heart. This doesn't mean that some men who are not American do not have the same rights and privileges as Americans. It says that the Creator made all men equal, that all men are entitled to life and that all men are entitled to their personal freedom. It also says that even a Teabagger ought to recognize these rights, that it doesn't require deep thought or evidentiary hearings. All men are entitled to these rights. Period.

The Framers were smart enough to elucidate these points and outline these rights in a supporting document to this Declaration, our Constitution.

Right up top in the first Ten Amendments, the Bill of Rights, the Framers delineated what is liberty. Liberty is the protection of the individual from the tyranny of the majority, that beautiful phrase of John Stuart Mill. That majority can take the form of mob or governance by mob rule.

It means that any man in the entire world should be free from the depredations of our exertion of American will and might over him. One can make the case that in war, these rules should be suspended, and perhaps there is a point to be made there but it seems to me that if you can't have a higher batting percentage than roughly .500 in the application of that suspension versus harming innocents, you have no business being in the business of war in the first place.

The willful negligence... and that's being overly polite... of the Bush and Obama administrations in the pursuit of the aims of their aggressions in Afghanistan, Iraq and now in Libya will come back to haunt American citizens. How can it not? How can Americans expect to live a life of freedom in a world where freedom is a slogan and not a philosophy? How can we expect to continue to presume that what we own and what we enjoy cannot be taken from us at a moment's notice, not just by those who would do us harm, but also by those who wave the flag of "freedom" in our faces?

How can we in good conscience say we are bringing freedom to the world, but only to the part of the world that agrees with us? For if one man is not free, they I am not free. And if I am not free, then my fellow Americans are not free. 

(Cross-posted to Simply Left Behind.)

St. Paul, Defender of the Faith.

By Capt. Fogg

One of the things I have liked about Congressman Ron Paul is that he's often been on the side of deregulating private life and consensual behavior, but either he doesn't mean what he says or he is willing to say what he doesn't mean in order to curry favor with the Great Regulators of the Religious right.

Speaking in Iowa recently, Mr. Paul said:

"The Defense of Marriage Act was enacted in 1996 to stop Big Government in Washington from re-defining marriage and forcing its definition on the States. Like the majority of Iowans, I believe that marriage is between one man and one woman and must be protected."

That resonates in my ears as a statement of his religious persuasion and of course he was speaking to a group of religions conservatives representing denominations opposed to letting people decide for themselves about such matters. Other religions might have other ideas and indeed some do. In other words these are people quite open about forcing their definition on Americans.

I find it curious that proponents of defining marriage according to religious definitions always use the word "is" where one expects "should be," "ought to be" or "must be" and there must be a reason for it. Marriage, after all is a human institution and marriage customs vary amongst groups of humans. Perhaps "is" is a way to pretend that it's written into the fabric of the cosmos like general relativity or the uncertainty principle. It isn't.

Of course Paul couched his opposition to doing away with the Defense of Marriage act in terms of states rights and whether or not he was following in the tradition of all the other "states rights" defenses of so many other things we now see as unjust, it's a defense of something with as limited a future as our embarrassing misogyny laws of recent memory. A minority of the country oppose preventing people from marrying whom they will and I can't help but find my feeling that the history of humankind's progress toward democracy is once again being thwarted by the notion of a divine will that opposes our allegedly innate liberty.

When someone who has been so stalwart in defending the Constitution and restraining government power, promotes such peremptory views on the most personal of choices, it seems a jarring discontinuity that makes on question the man and everything else he's described as being unconstitutional. It's hard to understand why he's willing to use government power to defend a certain Faith when that is something the government is expressly forbidden to do.

Yes, I know. I've been talking a lot about religion of late, but to me, there is no other force in American affairs more intractable than the movement to force compliance to religious standards on people who have or wish to have no affiliation with those standards and prefer the right to make personal choices according to their own consciences. That ability, that kind of freedom is the beating heart of liberal democracy. If we lose that, we lose it all.

It's sad to see Congressman Paul speaking this way. I once had high hopes for him, if not as Presidential material, certainly as a voice of reason and restraint at a time when the Republican party seems increasingly controlled by anti-democratic, anti-libertarian influences. Now he seems far less of a libertarian, far more of an authoritarian and indistinguishable from any other politician grovelling before the powerful.

(Cross posted from Human Voices)

Freedom vs. corporate authoritarianism: The FCC and net neutrality, Apple and WikiLeaks

By Michael J.W. Stickings

As we move into an ever more virtual, digital world, there can be no genuine freedom without net neutrality. But it has to be all-out net neutrality, not limited net neutrality that gives ISPs, our corporate overlords, the ability to restrict our access to content.

The FCC -- with three Democrats and two Republicans -- voted yesterday "to approve its first ever Internet access regulation," as The Washington Post reports. The new rule "ensures unimpeded access to any legal Web content for home Internet users." 

But not really.

While the regulation is certainly a step in the right direction (one that Republicans oppose and are doing everything they can to block, so beholden are they to our corporate overlords and so opposed are they to genuine free speech, and access to free speech), and while President Obama claims it "will help preserve the free and open nature of the Internet while encouraging innovation, protecting consumer choice, and defending free speech," it only goes so far -- and not nearly far enough.

Two of the FCC's Democratic members agree but essentially had to vote for "weak rules or no rules at all." Wherein lies the problem? Where does the regulation fall short?

The agency's two Republican members voted against the rules, showing support for Internet service providers who say the regulations will impede their ability to create new business plans to expand their broadband networks and boost speed.

[FCC Chairman Julius] Genachowski said the measure represents a compromise between industry and consumer interests.

"I reject both extremes in favor of a strong and sensible framework -- one that protects Internet freedom and openness and promotes robust innovation and investment," Genachowski said.

The same provisions do not apply as strongly to cellphone users because the agency voted to keep wireless networks generally free of rules preventing the blocking and slowing of Web traffic.

The Republican argument is both dishonest and nonsensical. Republicans want ISPs to make as much money as possible while controlling access to content -- that is, bluntly, to allow ISPs to restrict accessible content to corporate-approved content; that is, to Republican-friendly content.

Genachowski's argument is somewhat defensible, though as the deciding vote he didn't have to appease the Republicans -- it's not like they voted for this supposed compromise, after all. A more robust regulation could have passed 3-2 as well.

The problem is that this supposedly "strong and sensible framework" has a gaping hole in it -- namely, Internet access through mobile devices and wireless networks. Under the regulation, you'll be able to access what you want at home, through your ISP, but not necessarily on the go on your iPhone, BlackBerry, or other portable device. So how does the new rule protect freedom and openness?

Here's how Sen. Al Franken put it on Monday:

As a source of innovation, an engine of our economy, and a forum for our political discourse, the Internet can only work if it's a truly level playing field. Small businesses should have the same ability to reach customers as powerful corporations. A blogger should have the same ability to find an audience as a media conglomerate...

For many Americans -- particularly those who live in rural areas -- the future of the Internet lies in mobile services. But the draft Order would effectively permit Internet providers to block lawful content, applications, and devices on mobile Internet connections.

Mobile networks like AT&T and Verizon Wireless would be able to shut off your access to content or applications for any reason. For instance, Verizon could prevent you from accessing Google Maps on your phone, forcing you to use their own mapping program, Verizon Navigator, even if it costs money to use and isn't nearly as good. Or a mobile provider with a political agenda could prevent you from downloading an app that connects you with the Obama campaign (or, for that matter, a Tea Party group in your area).

I'm not sure if the new rule is "worse than nothing," but Franken goes on to address its other problems and makes a persuasive case.

Yes, it's still a step in the right direction, I think, but, given Republicans' objections to net neutrality altogether, shouldn't Democrats push for all-out net neutrality instead of promoting compromises, as Obama himself is doing, that give ISPs much of what they want? Why isn't the choice between net neutrality or no net neutrality instead of between some net neutrality or no net neutrality?

Once again, this looks like Democrats caving in to Republican demands and allowing the range of options to be shifted to the right.

And, politically, this should be a winnable issue for Democrats, who can make the case, as Franken does, that this is about access to content generally, not just to left-wing, pro-Democratic content. Conservatives are very much in bed with our corporate overlords, which are generally on the Republican right, but who's to say that non-neutrality wouldn't result in restrictions on access to right-wing content as well?

Isn't freedom non-partisan? Can't Democrats make the case that you're either for freedom or for corporate authoritarianism?

**********

Case in point:

As The New York Times reports, Apple has removed a WikiLeaks app from iTunes, claiming that the app "violated [its] developer guidelines." "Apps must comply with all local laws and may not put an individual or group in harm's way," said an Apple spokesperson. (The app was unofficial, not formally endorsed by WikiLeaks.)

As The Guardian notes, "this is all part of the momentum behind the campaign to silence Wikileaks, and ultimately to extradite Julian Assange."

Whether you approve of WikiLeaks or not, though, the issue isn't WikiLeaks, or Assange, but full access to content that governments and ISPs might not like. I don't support white supremacism, but I support access to white supremacist content, however despicable I may find it. And, while the truth-revealers at WikiLeaks are the current targets of governments and corporations, I'm sure you can find an extraordinary amount of white supremacist and neo-Nazi content on the Internet. The point is to keep it all free. That's net neutrality.

No one says you have to like all the content you can find on the Internet. You're free not to like it, just as you should be free to access it.

Of course, Apple's point is about illegality. An app promoting child pornography, for example, should never be allowed. Some content, obviously, is illegal.

But WikiLeaks and child pornography are two very different things. As Sean Paul Kelley puts it at The Agonist, "Wikileaks has broken no laws that the New York Times hasn't broken. The Pentagon and Biden and The State Department have all said no one has died as a result of the leaks. But it has embarrassed our leaders."

So is this really about illegality? Or is it not rather about a major corporation (once thought to be a radical one, contra Microsoft) blocking access to legitimate content?

Kelley adds: "Free speech will not be regulated by the Federal Government. The Bill Of Rights guarantees it won't. But there is nothing in the constitution to stop corporations from regulating speech. This is exactly what is going to happen. Most people get their internet from wireless devices these days, so expect more and more rigid firewalls."

There's the problem.

And it doesn't help that Democrats aren't fighting for all-out net neutrality and that the president of the United States, once thought to be a progressive, backs such corporate-friendly compromises. (Yes, Republicans are fighting this with a vengeance, but they should actually be very happy about the FCC's regulation. It's change they should be able to believe in.) 

I'll give the FCC a single cheer, maybe a cheer and a half. But with Republicans frothing at the mouth, it'll take much more from Democrats to make net neutrality a reality.

In this case, compromise in the name of limited freedom is a terrible vice.