The Right to Record Police

Last year I touted the most important civil liberties event (so far) in the 21st Century, when top U.S. courts (Glik v. Cunniffe) ruled that citizens have an absolute right to record their interactions with police in public places, and the Obama Administration issued a declaration supporting this ruling as "settled law."  I went on to say that the matter would continue to be at issue, at the level of the streets, with many cameras and cell phones "accidentally" broken… until that phase of resistance ends the way it must, with more bystander-cams catching -- then deterring -- the breaking of cameras. And of course all of it was portrayed in both fiction and nonfiction 25 years ago.

Moreover, the mighty will keep coming up with chess moves, some motivated by nascent tyrannical impulses but also by the best of (blinkered) intentions. For example, what good will your recording do, if you cannot transmit it away from your current location, for safekeeping?  

Heed this: Police can now switch off iPhone cameras and wi-fi: "Apple has recently patented a piece of technology that would allow the authorities and police to block data transmission, including video and photos, whenever they like. All they need to do is decide that a public gathering or venue is deemed “sensitive” and needs to be protected from externalities…. Apple has patented the means to transmit an encoded signal to all wireless gadgets, commanding them to disable recording functions."

Before you react with unalloyed paranoia and loathing, do consider the rationalization. Understand that the Professional Protector Caste has very good reasons to fear what bad guys can do with cell phones during a crisis, triggering bombs, for instance, or reporting where first responders have clustered.  The ostensible reasons are real. But so are our reasons for finding this worrisome. And as usual, there are win-win solutions that no one mentions. Could you come up with some?  I sure can.

Only, now comes the next step.  We should not have to aggressively shove cameras in the faces of cops, to let them know an age of accountability is here. Moving a step closer to a more Transparent Society -- federal Judge Shira Scheindlin prescribed an important experiment, when she found the NYPD’s stop-and-frisk methods unconstitutional. “The City’s highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner,” the judge concluded. To rein in this practice, she ordered “a trial program requiring the use of body-worn cameras in one precinct per borough, a community-based joint remedial process to be conducted by a court-appointed facilitator, and the appointment of an independent monitor to ensure that the NYPD’s conduct of stops and frisks is carried out in accordance with the Constitution.”

For solid justification of this right to record: Take another look at the Sixth Amendment: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial duty…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…" I call this the Transparency Amendment -- for the real bulwark of freedoms the passive "right to remain silent" but the assertive right to "compel testimony" on our behalf, even from reluctant witnesses. The logical extension of this is a universal ability to record our interactions with authority. 

==Experiments in Transparency==

Watched Cops are Polite Cops: Reason Magazine ran a pretty good discussion of this experiment in transparency and accountability.  Implications are explored… though the author seems unaware of recent rulings giving citizens a universal right to look-and-record back.

And California governor Jerry Brown has just signed a bill requiring that companies inform consumers when their data has leaked or been hacked.  Social Security numbers, addresses, personal details and passwords have all been pried loose or spilled with regularity, and seldom have the hundreds of thousands of exposed people been told.  Now at least you must be... and we'll all see how incredibly often this happens.  And you are surprised?  And you expect that any system humans design will be totally reliable?  Or reliable at all?  Again, there are alternatives.  Transparency -- catching those who would use our information against us -- is a measure that will work with technological change.  This bill is a welcome step in that direction.

== Rewarding whistle-blowing henchmen? ==

Some great ideas need to gel a bit, before getting attention.  Take my 20-year old (and relentlessly-futilely pushed all that time) idea for a series of whistleblower incentives to help shine light on bad things. From my “Eye of the Needle” or EON list of great projects for billionaires. The "Henchman's Prize" is one of my personal favorites - a million dollars plus a new identity for whoever blows the whistle - with full evidence - on the 'worst' concealed plot or scheme that year!  How could this not shine light on something heinous every year? I suspect nothing could more cost-efficiently help poor nations curb corrupt kleptocracies, converting to diamond-shaped patterns... or help developed nations maintain their healthy accountability systems.  See: The Transparent Society.)

Now some attention is being paid to a simplistic version that would only apply to one  -- and not the most worrisome – variety of henchmen-turned-whistleblowers. “A series of prizes for government employees who risk their livelihoods to shed light on U.S. government abuse might be one way to provide an incentive for more whistleblowing. It needn’t just be one big prize. Think about a foundation that might give out multiple prizes, at all levels of government. Yes, it would need to be pretty well funded.”

Um…. Duh? There are dozens of other necessary traits that this proposal would need, that the article seems to have left out, like ways to liability-shelter the prize-givers, how to ensure the system contains no political or national biases and spreads the love around… and so on.

Above all, we need a set of sliding scales to work from, recognizing that not every henchman who betrays his bosses is an unalloyed hero.  For example, while some leaks have been moderately bracing and debate-stimulating (Edward Snowden), others have been hugely over-rated in importance/consequence (WikiLeaks), and only few of the recent spills (e.g. Swiss banking secrecy) have risen to the level that I would call true whistle-blowing of actual illegality.  Sorry not to be following the romantic rush to call every leaker a "hero"! But it just doesn't work that way, and a mature sliding scale really is needed.

Make no mistake!  We need to encourage a secular trend toward a more open world!  But let's keep a sense of proportion along the way, or the whole whistleblower approach will never gell into its true potential.

A final note on this: want a whistle blower who has made vastly more real difference than Julian Assange?  Swiss bank leaker Hervé Falciani says "he faces constant risk and worries about his safety. The French government has provided three bodyguards.

“I am weak and alone,” Mr. Falciani said, as three round-the-clock bodyguards provided by the French government looked on with hard stares. The protection was needed, he insisted, because he faces constant risk as the sole key to decipher the encrypted data — five CD-ROMs containing a list of nearly 130,000 account holders that may be the biggest leak ever in the secretive world of Swiss banking.  He is in high demand these days, having cast himself as a crusader against the murky world of Swiss banking and money laundering. Once dismissed by many European authorities, he and other whistle-blowers are now being courted as the region’s governments struggle to fill their coffers and to stem a populist uprising against tax evasion and corruption.”

Dig it. We need light sent in all directions. And the aim is not to so cripple government that it ceases to be our tool, capable of shining light at other, cryptic elites.

== The encryption mythology: busted again ==

When I first started writing The Transparent Society, attending EFF and Computers, Freedom and Privacy (CFP) and gatherings of hackers, I tried to understand the incredible transcendentalist faith that so many in the community were devoting to encryption, portraying it as a panacea for all privacy concerns and the sure route to protecting all freedom against would be oppressors.  I am technically trained and grasped all of their arguments... only then I asked:

"Have you studied Bakunin?  or any of the other anarchists or other rebels against tyrannical systems, across 6000 years?  Lenin? Machiavelli? Mao? The Gestapo's tactics in the ongoing cat-vs-mouse game that is played for keeps by rebels against secret police?  Can you list the two dozen or so general types of methods used by the Czar's forces, or the KGB?"  Not one of them had read even a scintilla of background on a subject that (they claimed) fascinated them!  Not one.

Nor could they show how strong encryption of their internet access, from email to IP addresses to physical location, would thwart more than four or five of the ancient methods.  Nor how they could ever be sure that the encryption was actually working, in a world where the powers that be can create false internet IDs as easily as you can and create personas that build cred as fast as you do.  Indeed, would you bet your house that even a majority of the personas on Anonymous aren't NSA fronts?  Really?

Now comes this word: "The National Security Agency is winning its long-running secret war on encryption, using supercomputers, technical trickery, court orders and behind-the-scenes persuasion to undermine the major tools protecting the privacy of everyday communications in the Internet age, according to newly disclosed documents."

Anyone shocked (shocked!) by this never read The Transparent Society.  Nor even a sliver of human history.  Cowering from power does not work! The only thing that has a chance to work - while we still have some political leverage - is light. Torrents of light, aggressively applied to ALL centers of power, and not just government. (Indeed, govt is one of our principal methods for shining light onto other power centers!)  Light that need not blind our civil servants, or even deny them short term tactical secrecy, to do their jobs.

But light of accountability, nonetheless, to remind the watch dog that it is a dog and not a wolf.

Postscript: Pro-publica offers an apologia that cogently discusses their reasons for revealing the NSA's decryption program.

==A step toward "Smart Mobs"?==

The Internet Response League seeks to call gamers to civic duty. IRL’s first project is to develop a plug-in for World of Warcraft that will notify gamers in the virtual world when real-world disasters break out and ask for help. Gamers would be asked to tag data and other simple but brain-labor-intensive tasks.  Dang, it's took long enough. See my story "The Smartest Mob" for where this might all lead.

Five myths about the NSA... by a guy who should know.  For example: " The Foreign Intelligence Surveillance Act forbids the NSA from targeting U.S. citizens or legal residents without an order issued by the Foreign Intelligence Surveillance Court." Ah, but the rub is the secret/potemkin nature of that FISA "court" which could be redesigned to contain adversarial processes by ombundsmen who are vetted, but chosen by us, to act on our behalf.  Oh… and fix the darned inspectors general!  There are dozens of measures that could help restore our confidence, without crippling the Protector Caste from doing their jobs.

Alas, instead, after the New York Times exposed the Bush administration's warrantless wiretapping program in 2005, Congress amended the law to weaken the court’s oversight. "Rather than individual warrants, the court can now approve vast, dragnet-style warrants, or orders, as they’re called. For example, the first document released by the Guardian was a top-secret order from the court requiring Verizon to hand over the daily telephone records of all its customers, including local calls."

What might be going on without supervision? Who can know?  One of the more lurid accusations going around is that the NSA and/or other agencies are already engaged in wholesale blackmail of public officials and/or aristocrats or other major figures... exactly as I warned both publicly and in fiction.  I am not yet ready to credit this rumor as anywhere near 50% likely... we still have too many sincere members of the Professional Protector Caste (PPC) who at least tell themselves they are working for democracy's good... and something like this could only be rationalized by terminally delusional or even evil men. Still, the temptation is there.  It is a failure mode that will flower into full stench, if not now then someday, so long as we fail to develop means of full accountability, while still letting the PPC do their main jobs.

But there are places where folks actually seem to get it!  The Right to Know Act of 2013: California wants companies to disclose everything they know about you.   (Someone report in on rumors that the big database Company Axcion is taking a bold move toward getting YOU involved in managing your own information.)

== More Transparency News ==

A new browser-widget called "Balancer" takes a corrective measure that I long ago predicted, in EARTH -- by offering the user a wide variety of perspectives on important issues, and not only those that the user happens to agree-with.  Balancer keeps track of the political leanings of your surfing history – and suggests ways to even out your habits. Alas, if you deem this a valuable service, you are already one of those who needs it least.

Ever heard of IPv6?  It is ready to go, allowing the Internet to address vastly, vastly more sites and devices.  Says Internet pioneer Vint Cerf: "My concern is that the (current) address space is 32-bits. It can only support 4.3bn terminations. We thought it would be enough in 1973, but as of 2011 the original internet space is exhausted." So why has the internet not migrated to IPv6 given that in 1998 the IETF adopted the 128-bit internet address space to expand from 4.3bn to 340 trillion trillion trillion devices? IPv6 is not pervasive, he says. While IPv6 software is installed on operating systems and routers Cerf says: "The ISPs have been reluctant to turn it on. This is a constant debate because IPv6 is the only way to expand the address space."

Vint goes on to discuss many of the challenges facing the Internet, on the 40th Anniversary of his invention -- with Robert Kahn -- of the TCP/IP packet-based network protocol.

In other news...Facebook will no longer allow you to opt out of their Facial Recognition Database -- as long as you have posted a profile picture.

And... this interesting article introduces (to me, at least) the term of elite panic, a state where regular citizens behave cooperatively while elites (government, business, religious leaders, et.al.) lose their collective cool to paranoia. It describes - alas - a great deal of our recent past.  Indeed, back when I decrypted the Tytler Calumny, I realized that the people often behave far more wisely that the elites who tell themselves how smart they are.

Nor is this the only step forward.  Take another harbinger of things to come. The Seattle Meshnet project creates a completely alternative “internet” with sparse but growing coverage thanks to radio links set up by local hackers. Meshnetters can talk to each other through a channel that they themselves control.  Each node in the mesh, consisting of a radio transceiver and a computer, relays messages from other parts of the network. If the data can't be passed by one route, the meshnet finds an alternative way through to its destination. Another meshnet in northeast Spain now has more than 21,000 wireless nodes, spanning much of Catalonia.

An alternative: Hyperboria is a virtual meshnet because it runs through the existing internet, but is purely peer-to-peer. This means people who use it exchange information with others directly over a completely encrypted connection, with nothing readable by any centralized servers.  Read up about this, but you are seeing only the tip of a big iceberg.

== And the miscellany corner ==

Accusing Google Glass users of being either "glassed-out" zombies or else deliberate "glassholes" -- take this fairly typical Atlantic-style grouchitudinism: "Rather than being ransacked by the undead set forth by vodou bokors, tomorrow's cities might be ravaged by the unabsent, set forth by the contemporary practitioners of dark and light magic -- companies like Google itself. Even so, whether undead or unabsent, the Infected or the Wearers, all zombies may share one thing in common: they build their armies by devouring human brains."  Wow. Somebody’s little luddite must have misplaced his binky.

Economist Robert Higgs has noted the existence of a “ratchet effect” related to the growth of state power: while a crisis may be invoked to justify the expansion of the state’s reach, curiously enough, there’s little or no contraction in state power after the crisis abates. People with power are loath to relinquish it. They can be expected to embrace any opportunity to acquire more power greedily, grasping it with both hands.

And finally, cop-blocking -- kind 'o inspiring... though be careful if you do this. Keep your sense of proportion and humor.

More on Transparency in the Modern World

Dilbert, Skynet and the latest from the transparency front

Scott Adams (of Dilbert fame) and I have both agreed and disagreed about transparency, for years. In his posting, Crime and Privacy, he has opined, for example, that "Ironically, the more the government clamps down on individual privacy, the more freedom the residents will have. When the government can detect every sort of crime, it will be forced by public opinion and by resource constraints to legalize anything it can detect but can't stop." 

Hm, well, that's right in the general gist, though wrong in the specifics. What Scott is fumbling around -- and that I made explicit in The Transparent Society (1997) -- is that universal and pervasive surveillance can take us in either of two directions.  One is toward Big Brother, if elites monopolize the omniscience and can surveil in secret, without accountability or supervision.  In that case, you get what Vernor Vinge called "ubiquitous law enforcement." And if the cops can't arrest everyone?  Then they'll cherry-pick and arrest those whom they don't like.  In the specifics, Adams is dead wrong.

But Adams is floundering in the right direction when he holds "that a lack of privacy would lead to fewer activities being against the law. The only reason law enforcement can afford to act against drug users, or prostitution, or gambling, for example, is because only 1% of those crimes are detectable. If police could magically know every time someone violated a drug or prostitution law, the volume would be so high they would end up ignoring the entire class of crimes for purely practical reasons. And that's where we're heading."

Still wrong! But almost there. What is missing from his vision is… citizenship. Let us assume that we remain sovereign voters and citizens, not just legally but empowered by omniscience of our own. By "sousveillance" -- the ability and fierce determination to look BACK at the mighty - of government, oligarchy, corporatcy, criminality - in effect, watching the watchmen. (I portray this in my novels, EARTH and  EXISTENCE and it is very likely. ) Suppose we get used to applying reciprocal accountability and even inserting cameras of our own - or at least trusted witnesses - even in the authorities' surveillance chambers and control rooms. In that case:

1) Cherry-picking and other abuses will be caught and deterred.

2) We will argue, debate, deliberate and change some of the laws ourselves.  Some will be abandoned, as Scott Adams describes, only by our choice, not because of some cop-laziness.

For example, if you are caught every single time you break the speed limit, and if the fine every time is $400, then you will join millions of your neighbors demanding that the system of fines be changed!  You currently pay $400 because the law assumes it is missing 99% of the speeders.  If it catches 100% of them, then rational people will negotiate a shift to a tariff system, where you pay by the mile… and by the mph… each time you hurry above the limit, but are not putting folks at risk. Deterrence that's reasonable and flexible. Um…. duh?

Here is what I find depressing. People just don't get this! Not even smart, out-of-the-box thinkers like Scott Adams. They seldom look at the society of citizens around them and see it! We never notice that 99% of the stuff… even the rules… around us is working! (Just stand at a 4-way stop sign intersection and watch a miracle at work.) Sure, complain about the wretched 1% that isn't!  I got a list of complaints that rolls out the door. But this tendency to only notice what's wrong seriously undermines our belief that we can fix things.

No wonder negotiation has broken down, in this era of dismal culture war.  We all assume the worst. We never ponder… is there a solution that we could negotiate, among ourselves, so that these trends won't rob our freedom, but enhance it?

== The matter at mean ==

The best and smartest of the topical web comics is Saturday Morning Breakfast Cereal (SMBC), by Zach Weiner. A recent strip illustrates the psychological state that drives elites -- even well-meaning ones -- to proclaim a need for asymmetric information flows… to know everything about us while letting us know very little about what they are doing.  In fairness, such asymmetries can be necessary at a tactical level. But you can count on the rationalizations always getting pushed beyond sense, extending secrecy as a convenience, as job security, and an expression of self-importance -- a tendency that winds up endangering citizenship and freedom.

See also...How Internet fighting works: Another dollop of transparency wisdom from SMBC.

We shouldn't get angry about this fundamental trait of human nature -- it is likely what you or I would do, to some degree, if we found ourselves in a position of power. But human nature is a challenge, a foundation we had no part in shaping, a hand we are dealt that can and must be improved. When it comes to surveillance by those with power we simply have to keep up a steady counter pressure, to find innovative methods for applying transparency upward (sousveillance). Watching the watchers, in ways that do not prevent them from doing their legitimate jobs.  It turns out there are such methods, just waiting for a concerted effort on our parts. Here is one example: Free the Inspectors General.

Oh, lest this focus solely on government, note that the same psychological drive affects elites of all kinds, from finance to business to social or international or criminal. Only (a slim majority of) scientists regularly practice transparency as a schooled habit. We are all human. But we must stop this old habit from destroying us. We can't afford to indulge it anymore.

== Skynet now has lasers ==

Our friends the HST (High Speed Trading) or HFT (High Frequency Trading) algorithms are at it again. A single hacked/prank tweet on the Associated Press (AP) account, declaring that the White House had been bombed and Obama injured, sent the market into an instant freefall for three minutes, far too quickly for human traders to have been involved. "That goes to show you how algorithms read headlines and create these automatic orders – you don't even have time to react as a human being." See also: Skynet and the Flash Computer Trading Monster.

As if we didn't already have enough reasons to dread this particular path to artificial intelligence (AI) now they are planning to equip Skynet… I mean Goldman Sachs HST systems… with lasers! Laser beam technology originally developed for the military is being rolled out to shave time off trades. It will compete with new microwave networks that are increasingly being used by traders. Ah, humans.  Marx was right about capitalists, they will sell the new overlords the rope used to hang us all.

== Transparency-related Miscellany ==

I consulted with Qualcomm about this, amid my decades long campaign to change the design of our cell phone system, so that it will continue to be useful when we'll need it most, when some disaster (local or national or global) brings down the cell towers!  Implementing one of these resilience concepts, Qualcomm hopes to boost mobile coverage with a cell phone service that uses small cellular base stations installed in homes to serve passing smartphone users.

And along similar lines, adding to our potential resilience... Ushahidi aims to build the world’s most simple, reliable, and rugged Internet connection device, but with sophisticated cloud-based features. Its BRCK hub is rugged and can connect 20 devices  with any network in the world, providing eight hours of wireless connectivity battery life

- Smart dust computers, no bigger than a snowflake, will scavenge power from their surroundings, and monitor your world. Clearly a huge predictive hit for my friend Vernor Vinge in his novel -- A Deepness in the Sky -- which explores the possibilities.  Big potential upsides await… or else downsides far worse than Orwell. Raging against such things won't stop them from being abused.  Embracing them just might.

- Hitachi Develops World's Smallest RFID Chip.  Nicknamed "Powder" or "Dust", the surface area of the new chip is a quarter of the original 0.3 x 0.3 mm, 60µm-thick chip developed by Hitachi in 2003. And this RFID chip is only one-eighth the width of the previous model.  Already the hand-wringing has begun… while clueless over  how to deal with such a world.  Clue: moaning about this won't stop it.  Elites will have it. We have one option.  Give it to us all and ensure the elites are watched with this stuff.

- How easy is it to scam the Internet with a fake persona? "Santiago Swallow" skyrocketed from a nonexistent made-up name to a Kred social influence score of 754 out of 1000, within days of being "born" online… midwifed by British technology expert Kevin Ashton (who coined the term "Internet of Things.")  For example: It didn’t take long for Mr Ashton to purchase Swallow some 90,000 followers, all for the price of $50. An automated tweeting service was used to broadcast his thoughts to the world. Image manipulation software created Swallow’s look and Mr Ashton finished his experiment by writing a fake Wikipedia entry and setting up Swallow’s own website through WordPress.

In fact, there are business opportunities for a pseudonymity-reputation conveyance service that would be an instant hit, allowing tools to overcome scams like this. Alas, the general response is hand-wringing and "what'cha gonna do?"

== Past, present and future shock ==

In his book "Present Shock: When Everything Happens NOW," Douglass Rushkoff contends we must get used to the world arising out of Alvin Toffler's prophetically accurate "Future Shock"… a coming era when everything is happening all at once and the present becomes a cacophony of unbearable complexity. One in which the nostalgic reactions of left and right differ -- the Occupy Movement seeks an endless present of confrontation while the right wallows in apocalyptic dreams of an ending that would relieve one of having to think about complexity. And yet, both of these bickering twins express a common, underlying personality trait: anomie toward the future.

Borrowing from some of the best web-philosophers, Rushkoff calls digiphrenia - digitally provoked mental chaos.  One of many overlaps in his book with near-future problems that I portray in Existence. Such as how corporate investing in new goods or services has been replaced by relentless -- and ultimately futile -- efforts to game the markets in real time, betraying the confident foresight that is supposed to lie at the root of capitalism. The motivator (in that case) appears to be less greed than a pervasive unwillingness to grapple with the gyrations of a rapidly shifting target called the near future.

Rushkoff is a savvy writer and perceptive in his attempt at a big picture.  Alas, temporal chauvinism happens to the best of us and the tendency in "Present Shock" is to fall for the very thing he describes happening to others.  Assuming that the present is the only topic here - the only subject worthy of myopic focus.  In fact, history teaches a sobering lesson - that every major new communication medium triggered disruption alienation and pain, before eventually becoming a net force for good.

Movable type, glass lenses, radio, loudspeakers, mass media. Each time this happened, some -- like the Luddites of 18th Century Britain -- would cry fore-tellings of gloom: that commonfolk would be overloaded, their ability to process overwhelmed, or that people would drift aimlessly without the anchor of tradition. Meanwhile others -- from Giordano Bruno to Benjamin Franklin to Teilhard de Chardin -- proclaimed ecstatic joy over the prospect of expanding human powers, predicting that the process might culminate in almost godlike omniscience. Every time, the grouches proved right in the short term and wrong over the long run.

Today’s Internet and media-blasted world shows every sign of passing through a similar era of confusion. A confusion well-documented in Present Shock -- though alas, without as big or deep or wide or as calming a perspective as Douglas Rushkoff claims that he is offering. That is no indictment. It is all right to be a meta-example of the very thing that you are describing. And he describes it all very well.

== More Transparency Miscellany ==

- A cool and informative Scientific American article about Google Glass... and my sci fi augmented reality "specs" in Existence... and other takes on how we'll move through a world of many layers and textures.

- An almost completely plastic pistol, made in a 3D printer. It's heeeeere.  What a world.

- Fortunately, personal firearms will be nowhere near as important in the future as universal access to vision and knowledge. Citizen victories in the Age of Cameras can be among the most important in our time. Recent court decisions in the U.S. have supported a citizen's right to film and record police activity in public places and the Obama Administration has declared this right to be "settled law."  No matter could be more important than preserving the one recourse any person must retain, when dealing with authority… our ability to appeal to the truth.

- Now see how the same fight is being waged in Britain by a brave young woman -- Gemma Atkinson -- whose animated story is brilliant and informative.  Again, most of the time, most police are our good and faithful servants.  But the only conceivable way to keep them that way, is by getting them used to being supervised by their employers.  By us.

- Supreme Court says states may bar Freedom of Information requests from non-residents. Resist.

- An interesting rumination on Yelp! and other crowd-sourced "critic and review" systems… the advantages… and many many disadvantages that must be overcome, before this promising method can truly displace the appraisal of professionals and experts.

== Saving provocative politics for last ==

So you think I am always coming down on conservatism?  (That is, the current-loony Fox-led version; I admired  the intellectual honesty of Barry Goldwater and I tell everyone - left or right - to read Adam Smith;  but neither Goldwater nor Smith nor William F. Buckley would recognize today's mutant right.)

Well surprise-surprise… I am fully aware of sins of the left, as well!   And I will now  swivel to aim in that direction.

First, bear in mind that moderate liberals are a much larger population than actual leftists, and that liberals do not partake in many of the traits of their more dogmatic allies, nor do they believe almost anything that Sean Hannity claims that they do.  Nevertheless, there truly is a fringe and there are ways in which the far left wing behaves much like fanatics of the far right.

For example, both extremes demand tests of purity and the recitation of rigid, in-group defining doctrines. Neither wing is even remotely interested in applying the genius of pragmatic compromise. At times, the left's political correctness can seem as brutally intolerant as the know-nothing religiosity we see gushing from the opposite extreme.

One very smart social psychologist who lays out the case in ways that should make left-of-center intellectuals squirm is Jonathan Haidt. If you are one of those intellectuals, and are honest, you'll give him a look and listen: Tribalism and the Bright Future of Post-Partisan Social Psychology. (Or see his book The Righteous Mind: Why Good People are divided by Politics and Religion). And perhaps even adapt. Please. We can only afford one half of the American polity going psycho at a time.

And continuing my swivel to cast a wary eye in all directions: a war on whistle blowers? It is much more complicated than this, and there have been other measures that enhanced whistle blowing incentives, of late. Still we need to keep paying attention.

And… the U.S. gives big push to internet surveillance: Senior Obama administration officials have secretly authorized the interception of communications carried on networks operated by AT&T and other Internet service providers, a practice that might otherwise be illegal under federal wiretapping laws.  I see such things as inevitable.  What I demand (and you should) is that we get something in return.  Ever increasing powers of supervision.

There. See?  I am wary in every direction. Remain suspicious! Especially if you have a "side" that you feel is better than its opposition.  It may only be better in 90% of the ways…

…and that 10% could become lethal. Unless we make sure that even our "friendly" elites know.  That we are watching them.

Sousveillance: A New Era for Police Accountability

== THE POLICE WILL HAVE TO CHOOSE ==

Police are waging a futile war against camera-toting citizens.

In several states, you can be arrested for filming cops on duty, even in a public place. With cameras growing ever smaller, conflicts are going to arise more often and there can only be one outcome. Police are just going to have to get used to it -- much as I forecast in The Transparent Society: Will Technology Force us to Choose Between Privacy and Freedom (1997).

Citizens of the future will be armed... with cameras.

One recent incident: “After a horrific shootout on the streets of Miami, Narces Benoit and his girlfriend witnessed the finale: police firing a barrage of rounds into a man's car. Narces recorded it. The police smashed his phone. But first? He stuck the SD memory card into his mouth and saved the footage.”

And then there's the story of Emily Good, who stood on her front lawn in Rochester recording police searching a man's car for drugs (none were found). Police responded that they didn't feel safe with her behind them...and ordered her to go inside her house. She did not comply, continued filming, and was arrested. Recording police is not illegal in New York, and she made no threatening moves. They declared that she was "anti-police" as a rationale. Watch the video.

And another horrific example. “Woman could get 15 years for recording cops after one of them allegedly assaulted her.”

I’ve been writing about this for decades. Some prescient passages in The Transparent Society, describe exactly this kind of tension, between citizens armed with new tools of vision and accountability, and tens of thousands of cops who - from day to day - see themselves as doing a harsh, difficult and under-appreciated job. Look, I appreciate it. Not only the skill and professionalism that has played a big part in decreased crime rates ion the United States, but also the daily fight that every officer must wage, to maintain that professionalism, under circumstances that might send any of us into uncontrollable rage.

We all carry hormonal and neuronal and psychological baggage from the million year Stone Age... and ten thousand years of urban life in which the king’s thugs patrolled the streets without having to think twice before slinging their truncheons at the heads of punks.

Well, sorry. We’re asking more of you, now. It is our civilization. Ours. And if you don’t think you can operate under the new rules, might I suggest another profession?

In fact, the glass is far more than half full. The men and women in most modern American police forces are adapting to the the new standards of behavior. Clenching their teeth and calling “sir” even the most outrageously abusive drunks. I am proud to know some of these folks. Moreover, I can understand why they might worry about that one time they lose their cool, coming back to haunt them, because some putz on the nearby street corner decides to record that momentary lapse on a cell cam.

I sympathize. I do. Yet I refuse to accept the assertion that good cops need “privacy” to perform their jobs. It doesn’t wash. It is a ridiculous argument, aimed at achieving convenience and evasion of accountability, and we will not allow it.  

Technology will not allow it. For -- according to “Brin’s Corollary to Moore’s Law” -- the cameras will get smaller, cheaper, more numerous and more mobile every year.

So figures of authority might as well get used to it now.

== A World Watching ==

This is the new world. It will be watching -- assume it at any given moment.

And I promise you this... juries and citizen review boards will bear in mind that we're all human. When you suffer that inevitable, occasional, not-too-awful over-reaction, there will often be a second chance. We're human too and we want our cities patrolled.

When all of this equilibrates, we will have to make some allowances for good people, caught making a rare mistake.

But what’s the alternative? Are you really going to try to push this "never record us" lunacy? Do you really want the law to deny us the only recourse that a citizen has ever had, against bullying and abuse of power? Really? The only thing that we have on our side?

It is called the Truth. And if you fear it, then we do not want you as our hired protector.

We are changing the rules. And from now on, only adults need apply.

For Follow-up see:

You Have The Right To Record Police -- a look at recent court rulings on this important topic.

and The Transparency Amendment: The Under-Appreciated Sixth -- which examines the legal basis for our right to look back.

More: collected articles on Issues of Transparency.


== Finally, a Few Announcements ==

“Living lasers?” Way back in 1980, my first novel Sundiver proposed that living matter might be made to produce laser emissions. Scientists had already used organic dye as a laser amplification material. It seemed plausible (to me) that life could take the next steps, excitation and cavity reflection. All right, it's more than just a few steps to creatures with laser-shooting eyes! Still, three decades later, my forecast is coming true. Two Massachusetts scientists report having caused laser activity inside living cells. The photos are amazing. One for the predictions registry! (Someone please register it!)

Want kids to win the future? Turn them into Makers -- and Sci Fi Fans. I attended the recent Maker Faire and gave a keynote, then toured this “Woodstock for nerds” with my son. Highly recommended!

Want to hear some good audio sci fi? One of my stories - A Professor at Harvard - dramatized for a podcast on StarShipSofa. Others can be found on my website.