Showing posts with label Transparency Amendment. Show all posts
Showing posts with label Transparency Amendment. Show all posts

Saturday, April 28, 2018

Seeing what should be (but isn’t, alas) obvious


= No, we will do the choosing ==

Earlier, I posted a lengthy critique of an issue of the economics newsletter published by my friend, John Mauldin. In a separate newsletter, another friend (of very different political persuasion) Mark Anderson of the Strategic News Service offers an interesting comparison. Very thought-provoking, and your reaction will be very telling.

“Imagine that it is Orwell's 1984, and you live under the most repressive regime on the planet. One day the dictator, Big Brother (remember that wonderful Apple ad?), announces that all citizens will be forced to carry a device that tells the police state everything about them. No one will be spared. There are protests and uprisings, people are jailed, dissenters form rebel groups, geeks find ways to spoof the technology, proxies get on TV and talk about the benefits of sharing everything as a good citizen. A few are shot up against a wall.
“Or, alternatively, imagine you are in the freest nation on the planet. A brilliant entrepreneur (who looks just like Steve Jobs) invents a magical new gadget that does all these cool things, and you can buy one today. Good consumers spend up to $1,000 just to have one, and pretty soon just about everyone does.
“What's the difference between these two scenarios? The main difference is likely a higher take-up rate in the free country and less concern about what these devices are up to.”
I do wish I could share these newsletters with you folks! The business types among you should get company subscriptions! (And how I am tempted to start my own.)

As for Mark’s scenario – in which free citizens ironically choose the same level of self-exposure as in an Orwellian state, through social media self-indulgence -- it was a clever and apt thought experiment... up to a point. Mark showed what should be blatantly obvious -- that there will be no hiding information from elites.

To which I must answer: so? 

That has never been the issue. No human society ever blinded its elites. European efforts to do this - while well-intended - are delusional, in light of wildly proliferating systems like facial recognition. 

Seriously, what's the prescription? Going off-grid? Given the Moore's Law of Cameras, that's utterly futile.

Fortunately, what elites know about us is not the issue.  It never was the issue.  It never, ever will be the issue. It is a distraction from the real issue.

The difference between Mark Anderson’s fictional Orwellian state (or real life China) and a nation of the truly free is not what elites can know about you, but what they can do to you. And that difference is night vs. day.  

Think about why most Americans are not paranoid about all this self-expression.  The patronizing reflex is to assume our fellow citizens are fools. (Well, there's been some evidence for that; we'll see.) But in fact, they do it because they feel safe. And only one thing is responsible for that sense of safety. A general assumption that if powers try to harm them, citizens will have recourse to both light and law.

The crux is this. We can limit what the mighty DO to us only if we can detect, record and deter harmful actions. That's what matters. And it happens not by futilely trying to hide, but by assertively demanding to see. It is the whole purpose for the most under-appreciated amendment to the U.S. Constitution, the wonderful Sixth, that empowers citizens with recourse to the Truth. 

That recourse to light and accountability is not going away! 2013 was the best year for civil liberties in the U.S. in three decades, because that year all branches of the federal government avowed a citizen’s right to record his or her interactions with police. Our wretched-dour media never gave this the attention it deserved – a critical milestone demarking the true difference between America and Oceania, or “Sesame Credit” China.

That is the difference. In Orwellian societies, the Telescreen only looks in one direction, not at Big Brother.  And note that every tyrant seeks, above all, to be safe from the accountability that comes with light. Signs abound, across the planet, that they are laser focused on shutting it down.

It's now been 20 years since The Transparent Society, and I sink into despair over how simple -- yet utterly un-intuitive -- this blatant fact appears to be.  Folks nod their heads and say: "yeah, I get that." Then they go back to hand-wringing about how Zuckerberg or the Deep State is "looking at me!" Never offering a plausible way to stop it, but always talking about hiding. Instead of picking up the one thing that ever made us free...

...the saber of light.

== The blatancy of the Korean “problem” ==

Another area where I impudently declare that I see something others don’t… something that should be “obvious,” is the dilemma of North Korea. 

Okay, here I am on shakier ground, and it’s not a matter of certainty as being willing to take odds in a wager.  Example: I’ll take 3:1 on an imminent and utterly contrived “Tonkin Gulf Incident” leading to a trumped-up U.S. war vs. Iran – a Potemkin/fake “war” with only one conceivable-foremost winner… but all the world’s tyrants doing great.

I’ve spoken less about Pyongyang and the Kim regime. And in what follows, I think it's important to consider thoughts that are outside the standard narrative. (My specialty! But it also means my successful predictions (there are many) are laced with some real howler errors!)

Let’s launch from this quotation I found in the Global Post:  "Whether this imaginative approach — rooted in Korea’s historic strategy of fending off its dominant neighboring powers of China and Japan by aligning with distant powers — is any more realistic than the U.S. expectation of denuclearization"

Okay, let’s dive in:

1. Much is made of Kim's nukes as a deterrence against attempted regime change. But he had that already, with 10,000 artillery tubes aimed at Seoul. The city could be flattened in one hour. No, the biggest reason he needs nukes is because - after the first few -- they are cheap!  

With a dozen safely deployable nuclear weapons, he can justify slashing his ginormously expensive army and possibly save his economy.

Hence, I will take wagers on this: Trump will get a "terrific deal" that grandfathers ten or twenty North Korean nukes in exchange for massive troop cuts on both sides of the DMZ, proclaiming this as a "concession".  When in fact it will be a win-win-win for Kim.

2.  I cannot begin to imagine why every pundit simply accepts at face value the notion that the Kim regime is independent of foreign control. In 1955 there were a million Chinese troops in North Korea.  The 1956 Hungarian revolt rocked both Moscow and Beijing, who doubled down on multi-layered controls over their satrapies, while creating potemkin "local governments" that they utterly regulated.

I am not proclaiming utter belief that Kim is a puppet of his big neighbor. But I am appalled that the very possibility goes unremarked and never even seems to occur to anyone!  When it is the simplest hypothesis under Occam's Razor.

All we have to the contrary are stories and shows.  Dig it: all the brattiness and uncle-killing etc has nothing to do with real power. Ponder how rapidly the Kim regime acquired both nukes (and H Bombs) and ICBMs.  Something isn't fishy? Beijing's "complaints" have always been toothless.

Why would Beijing want this?  

Ponder. The North Korean regime would offer a way to bloody the west -- e.g. via an EMP strike -- while retaining deniability and hence protection from retaliation.  This is exactly what's done by China commercially, via supposedly independent zaibatsu companies.

I don't expect to convince you of this theory... I am not convinced of it, myself!  But the tunnel vision of our punditry -- its inability to even consider the logical possibility -- is something disturbingly common in modern group-think nowadays. Even among very smart people. Alas.

Well... I try...

Monday, September 19, 2011

The Transparency Amendment: The Under-Appreciated Sixth

Transparency and a growing web of surveillance are again in the news, starting with an interview I just gave ZDNet in Britain, discussing the recent use of streetcams to identify rioters and moving on from there to many broader topics, comparing a world dominated by “Big Brother” to one oppressed by several billion “little brothers.”

And the topic keeps bubbling.  I’ll be tuning in this Thursday to the premiere of “Person of Interest” on CBS (Sept 22 9pm). It looks thought provoking, with a lovely over-layer of dramatized paranoia, expressing a core point from my book The Transparent Society: Will Technology Force us to choose between Privacy and Freedom - that there will be no escaping surveillance. The cameras get smaller, faster, better, cheaper and more numerous at a pace exceeding Moore’s Law. (Brin’s Corollary)


Trying to pretend this isn't happening, or that well-intentioned laws can ever blind the mighty, will only prevent us from getting sousveillance, the power to look back.  I imagine that will be an issue in the show at some point, as the "Machine" ruthlessly evades any possibility of eyes turning its omniscient gaze around.  We’ll be watching.

== THE BASIC RIGHT TO LOOK BACK ==

All of this is related to one of my principal topics. A week or two ago I was touting tentative optimism after a Federal court ruled in favor of citizens recording their encounters with police.  Now this is reinforced as an Illinois judge recently ruled the state’s eavesdropping law unconstitutional as applied to a man who faced up to to 75 years in prison for secretly recording his encounters with police officers and a judge. “Such action impedes the free flow of information concerning public officials and violates the First Amendment right to gather such information,” he wrote.

Let me qualify my fervent support for these decisions. I think both rulings put too much emphasis on the First Amendment “press” freedom aspect, and too little on the 6th Amendment’s declaration of an absolute right of citizen access to testimony that might exonerate - in other words, using the core weapon of the Truth to protect against abuse of authority and power. Let me be plain, I find the first Amendment so heavily used that it becomes squishy, amorphous, in many cases rather unreliable.


I often find I have to remind people that the 6th -- the “forgotten Amendment” -- is actually one of the most important and powerful of them all!

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury…and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor…"

It is the transparency amendment, making clear that our real bulwark of freedom is not the passive, hunkering “right to remain silent” or even the blustery right to speak...

...but the aggressively assertive right to “compel testimony” on our behalf from reluctant witnesses. The logical extension of this to a universal ability to record our interactions with authority is direct and logical and vital...


...and I hope some attorneys make this point about the Sixth Amendment soon, instead of staring only at the sacred but over-used First.

Still, whatever basis is given, the ruling clearly established the core point of law we all needed... that is, till the Supreme Court does its thing. Do any of you still have faith that Justices Scalia, Thomas and Roberts are on our side?  I remain hopeful, ever.

Let there be no mistake, this issue is still fragile! "Judge Richard A. Posner isn't known  for his genteel treatment of parties whose arguments he doesn't agree with. When an attorney for the American Civil Liberties Union began to make his opening statement at a Tuesday oral argument, Posner cut him off after 14 words. "Yeah, I know," he said dismissively. "But I'm not interested, really, in what you want to do with these recordings of peoples' encounters with the police....Once all this stuff can be recorded, there's going to be a lot more of this snooping around by reporters and bloggers."

I've met Justice Posner and argued with him about this before.  He is a very smart fellow, but also deeply mired in mid-20th Century ways of thinking, alas. I am hopeful, though, that he can learn to see with 21st Century eyes.


For follow-up see: You have the right to record police.

See: More articles on Transparency