government

What patents on life has wrought

business, history, law, tech in changing society, technology / /

From Clifton Leaf’s “The Law of Unintended Consequences” (Fortune: 19 September 2005):

The Supreme Court’s decision in 1980 to allow for the patenting of living organisms opened the spigots to individual claims of ownership over everything from genes and protein receptors to biochemical pathways and processes. Soon, research scientists were swooping into patent offices around the world with “invention” disclosures that weren’t so much products or processes as they were simply knowledge–or research tools to further knowledge.

The problem is, once it became clear that individuals could own little parcels of biology or chemistry, the common domain of scientific exchange–that dynamic place where theories are introduced, then challenged, and ultimately improved–begins to shrink. What’s more, as the number of claims grows, so do the overlapping claims and legal challenges. …

In October 1990 a researcher named Mary-Claire King at the University of California at Berkeley told the world that there was a breast-cancer susceptibility gene–and that it was on chromosome 17. Several other groups, sifting through 30 million base pairs of nucleotides to find the precise location of the gene, helped narrow the search with each new discovery. Then, in the spring of 1994, a team led by Mark Skolnick at the University of Utah beat everyone to the punch–identifying a gene with 5,592 base pairs and codes for a protein that was nearly 1,900 amino acids long. Skolnick’s team rushed to file a patent application and was issued title to the discovery three years later.

By all accounts the science was a collective effort. The NIH had funded scores of investigative teams around the country and given nearly 1,200 separate research grants to learn everything there was to learn about the genetics of breast cancer.

The patent, however, is licensed to one company–Skolnick’s. Myriad Genetics, a company the researcher founded in 1991, now insists on doing all U.S. testing for the presence of unknown mutation in the two related genes, BRCA1 and BRCA2. Those who have a mutation in either gene have as high as an 86% chance of getting cancer, say experts. The cost for the complete two-gene analysis: $2,975.

Critics say that Myriad’s ultrarestrictive licensing of the technology–one funded not only by federal dollars but also aided by the prior discoveries of hundreds of other scientists–is keeping the price of the test artificially high. Skolnick, 59, claims that the price is justified by his company’s careful analysis of thousands of base pairs of DNA, each of which is prone to a mutation or deletion, and by its educational outreach programs.

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1980 Bayh-Dole Act created the biotech industry … & turned universities into businesses

business, history, law, politics, tech in changing society, technology / /

From Clifton Leaf’s “The Law of Unintended Consequences” (Fortune: 19 September 2005):

For a century or more, the white-hot core of American innovation has been basic science. And the foundation of basic science has been the fluid exchange of ideas at the nation’s research universities. It has always been a surprisingly simple equation: Let scientists do their thing and share their work–and industry picks up the spoils. Academics win awards, companies make products, Americans benefit from an ever-rising standard of living.

That equation still holds, with the conspicuous exception of medical research. In this one area, something alarming has been happening over the past 25 years: Universities have evolved from public trusts into something closer to venture capital firms. What used to be a scientific community of free and open debate now often seems like a litigious scrum of data-hoarding and suspicion. And what’s more, Americans are paying for it through the nose. …

From 1992 to September 2003, pharmaceutical companies tied up the federal courts with 494 patent suits. That’s more than the number filed in the computer hardware, aerospace, defense, and chemical industries combined. Those legal expenses are part of a giant, hidden “drug tax”–a tax that has to be paid by someone. And that someone, as you’ll see below, is you. You don’t get the tab all at once, of course. It shows up in higher drug costs, higher tuition bills, higher taxes–and tragically, fewer medical miracles.

So how did we get to this sorry place? It was one piece of federal legislation that you’ve probably never heard of–a 1980 tweak to the U.S. patent and trademark law known as the Bayh-Dole Act. That single law, named for its sponsors, Senators Birch Bayh and Bob Dole, in essence transferred the title of all discoveries made with the help of federal research grants to the universities and small businesses where they were made.

Prior to the law’s enactment, inventors could always petition the government for the patent rights to their own work, though the rules were different at each federal agency; some 20 different statutes governed patent policy. The law simplified the “technology transfer” process and, more important, changed the legal presumption about who ought to own and develop new ideas–private enterprise as opposed to Uncle Sam. The new provisions encouraged academic institutions to seek out the clever ideas hiding in the backs of their research cupboards and to pursue licenses with business. And it told them to share some of the take with the actual inventors.

On the face of it, Bayh-Dole makes sense. Indeed, supporters say the law helped create the $43-billion-a-year biotech industry and has brought valuable drugs to market that otherwise would never have seen the light of day. What’s more, say many scholars, the law has created megaclusters of entrepreneurial companies–each an engine for high-paying, high-skilled jobs–all across the land.

That all sounds wonderful. Except that Bayh-Dole’s impact wasn’t so much in the industry it helped create, but rather in its unintended consequence–a legal frenzy that’s diverting scientists from doing science. …

A 1979 audit of government-held patents showed that fewer than 5% of some 28,000 discoveries–all of them made with the help of taxpayer money–had been developed, because no company was willing to risk the capital to commercialize them without owning title. …

A dozen schools–notably MIT, Stanford, the University of California, Johns Hopkins, and the University of Wisconsin–already had campus offices to work out licensing arrangements with government agencies and industry. But within a few years Technology Licensing Offices (or TLOs) were sprouting up everywhere. In 1979, American universities received 264 patents. By 1991, when a new organization, the Association of University Technology Managers, began compiling data, North American institutions (including colleges, research institutes, and hospitals) had filed 1,584 new U.S. patent applications and negotiated 1,229 licenses with industry–netting $218 million in royalties. By 2003 such institutions had filed five times as many new patent applications; they’d done 4,516 licensing deals and raked in over $1.3 billion in income. And on top of all that, 374 brand-new companies had sprouted from the wells of university research. That meant jobs pouring back into the community …

The anecdotal reports, fun “discovery stories” in alumni magazines, and numbers from the yearly AUTM surveys suggested that the academic productivity marvel had spread far and wide. But that’s hardly the case. Roughly a third of the new discoveries and more than half of all university licensing income in 2003 derived from just ten schools–MIT, Stanford, the usual suspects. They are, for the most part, the institutions that were pursuing “technology transfer” long before Bayh-Dole. …

Court dockets are now clogged with university patent claims. In 2002, North American academic institutions spent over $200 million in litigation (though some of that was returned in judgments)–more than five times the amount spent in 1991. Stanford Law School professor emeritus John Barton notes, in a 2000 study published in Science, that the indicator that correlates most perfectly with the rise in university patents is the number of intellectual-property lawyers. (Universities also spent $142 million on lobbying over the past six years.) …

So what do universities do with all their cash? That depends. Apart from the general guidelines provided by Bayh-Dole, which indicate the proceeds must be used for “scientific research or education,” there are no instructions. “These are unrestricted dollars that they can use, and so they’re worth a lot more than other dollars,” says University of Michigan law professor Rebecca Eisenberg, who has written extensively about the legislation. The one thing no school seems to use the money for is tuition–which apparently has little to do with “scientific research or education.” Meanwhile, the cost of university tuition has soared at a rate more than twice as high as inflation from 1980 to 2005.

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Neil Postman: the medium is the metaphor for the way we think

commonplace book, education, tech in changing society, technology / /

From Tom Stites’s “Guest Posting: Is Media Performance Democracy’s Critical Issue?” (Center for Citizen Media: Blog: 3 July 2006):

In late 1980s the late Neil Postman wrote an enduringly important book called Amusing Ourselves to Death. In it he says that Marshall McLuhan only came close to getting it right in his famous adage, that the medium is the message. Postman corrects McLuhan by saying that the medium is the metaphor – a metaphor for the way we think. Written narrative that people can read, Postman goes on, is a metaphor for thinking logically. And he says that image media bypass reason and go straight to the emotions. The image media are a metaphor for not thinking logically. Images disable thinking, so unless people read and use their reason democracy is disabled as well.

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Antitrust suits led to vertical integration & the IT revolution

business, history, law, tech in changing society, technology / /

From Barry C. Lynn’s “The Case for Breaking Up Wal-Mart” (Harper’s: 24 July 2006):

As the industrial scholar Alfred D. Chandler has noted, the vertically integrated firm — which dominated the American economy for most of the last century — was to a great degree the product of antitrust enforcement. When Theodore Roosevelt began to limit the ability of large companies to grow horizontally, many responded by buying outside suppliers and integrating their operations into vertical lines of production. Many also set up internal research labs to improve existing products and develop new ones. Antitrust law later played a huge role in launching the information revolution. During the Cold War, the Justice Department routinely used antitrust suits to force high-tech firms to share the technologies they had developed. Targeted firms like IBM, RCA, AT&T, and Xerox spilled many thousands of patents onto the market, where they were available to any American competitor for free.

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Corporate consolidation reigns in American business, & that’s a problem

business, law, politics / /

From Barry C. Lynn’s “The Case for Breaking Up Wal-Mart” (Harper’s: 24 July 2006):

It is now twenty-five years since the Reagan Administration eviscerated America’s century-long tradition of antitrust enforcement. For a generation, big firms have enjoyed almost complete license to use brute economic force to grow only bigger. And so today we find ourselves in a world dominated by immense global oligopolies that every day further limit the flexibility of our economy and our personal freedom within it. There are still many instances of intense competition — just ask General Motors.

But since the great opening of global markets in the early 1990s, the tendency within most of the systems we rely on for manufactured goods, processed commodities, and basic services has been toward ever more extreme consolidation. Consider raw materials: three firms control almost 75 percent of the global market in iron ore. Consider manufacturing services: Owens Illinois has rolled up roughly half the global capacity to supply glass containers. We see extreme consolidation in heavy equipment; General Electric builds 60 percent of large gas turbines as well as 60 percent of large wind turbines. In processed materials; Corning produces 60 percent of the glass for flat-screen televisions. Even in sneakers; Nike and Adidas split a 60-percent share of the global market. Consolidation reigns in banking, meatpacking, oil refining, and grains. It holds even in eyeglasses, a field in which the Italian firm Luxottica has captured control over five of the six national outlets in the U.S. market.

The stakes could not be higher. In systems where oligopolies rule unchecked by the state, competition itself is transformed from a free-for-all into a kind of private-property right, a license to the powerful to fence off entire marketplaces, there to pit supplier against supplier, community against community, and worker against worker, for their own private gain. When oligopolies rule unchecked by the state, what is perverted is the free market itself, and our freedom as individuals within the economy and ultimately within our political system as well.

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Where we are now

history, politics / /

From Gary Kamiya’s “License to lie” (Salon: 23 June 2006):

We are in a peculiar moment, one in which our politicians seem unable to articulate or even grasp the train wreck unfolding in front of them. Someday in the future, if the Democratic Party manages to transform itself from a cowering shadow to something approaching sentience, perhaps what really happened during the Bush era will be publicly debated.

Perhaps then we can ask how it happened that the government of the United States was hijacked by a bullying, fact-averse religious fanatic and his puppetmaster, an evil courtier out of Shakespeare. How we were plunged into a disastrous war simply because a cabal of ideologues and right-wing zealots, operating in autocratic secrecy, decided they wanted war. And how all of the normal workings of a democratic government — objective analysis, checks and balances, transparency — were simply trashed by an administration waving the bloody shirt of “terror.”

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America the aggressive

history, politics / /

From Harold Pinter’s “Nobel Lecture: Art, Truth & Politics” (Nobel Prize: 7 December 2005):

Direct invasion of a sovereign state has never in fact been America’s favoured method. In the main, it has preferred what it has described as ‘low intensity conflict’. Low intensity conflict means that thousands of people die but slower than if you dropped a bomb on them in one fell swoop. It means that you infect the heart of the country, that you establish a malignant growth and watch the gangrene bloom. When the populace has been subdued – or beaten to death – the same thing – and your own friends, the military and the great corporations, sit comfortably in power, you go before the camera and say that democracy has prevailed. This was a commonplace in US foreign policy in the years to which I refer. …

The United States supported and in many cases engendered every right wing military dictatorship in the world after the end of the Second World War. I refer to Indonesia, Greece, Uruguay, Brazil, Paraguay, Haiti, Turkey, the Philippines, Guatemala, El Salvador, and, of course, Chile. The horror the United States inflicted upon Chile in 1973 can never be purged and can never be forgiven.

Hundreds of thousands of deaths took place throughout these countries. Did they take place? And are they in all cases attributable to US foreign policy? The answer is yes they did take place and they are attributable to American foreign policy. But you wouldn’t know it.

It never happened. Nothing ever happened. Even while it was happening it wasn’t happening. It didn’t matter. It was of no interest. The crimes of the United States have been systematic, constant, vicious, remorseless, but very few people have actually talked about them. You have to hand it to America. It has exercised a quite clinical manipulation of power worldwide while masquerading as a force for universal good. It’s a brilliant, even witty, highly successful act of hypnosis.

I put to you that the United States is without doubt the greatest show on the road. Brutal, indifferent, scornful and ruthless it may be but it is also very clever. As a salesman it is out on its own and its most saleable commodity is self love. It’s a winner. Listen to all American presidents on television say the words, ‘the American people’, as in the sentence, ‘I say to the American people it is time to pray and to defend the rights of the American people and I ask the American people to trust their president in the action he is about to take on behalf of the American people.’

It’s a scintillating stratagem. Language is actually employed to keep thought at bay. The words ‘the American people’ provide a truly voluptuous cushion of reassurance. You don’t need to think. Just lie back on the cushion. The cushion may be suffocating your intelligence and your critical faculties but it’s very comfortable. This does not apply of course to the 40 million people living below the poverty line and the 2 million men and women imprisoned in the vast gulag of prisons, which extends across the US. …

We have brought torture, cluster bombs, depleted uranium, innumerable acts of random murder, misery, degradation and death to the Iraqi people and call it ‘bringing freedom and democracy to the Middle East’. …

I have said earlier that the United States is now totally frank about putting its cards on the table. That is the case. Its official declared policy is now defined as ‘full spectrum dominance’. That is not my term, it is theirs. ‘Full spectrum dominance’ means control of land, sea, air and space and all attendant resources.

The United States now occupies 702 military installations throughout the world in 132 countries, with the honourable exception of Sweden, of course. We don’t quite know how they got there but they are there all right.

The United States possesses 8,000 active and operational nuclear warheads. Two thousand are on hair trigger alert, ready to be launched with 15 minutes warning. It is developing new systems of nuclear force, known as bunker busters. … We must remind ourselves that the United States is on a permanent military footing and shows no sign of relaxing it.

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The CIA’s ‘black sites’ hide terror suspects around the world

law, politics, security, tech in changing society / /

From Dana Priest’s “CIA Holds Terror Suspects in Secret Prisons” (The Washington Post: 2 November 2005):

The CIA has been hiding and interrogating some of its most important al Qaeda captives at a Soviet-era compound in Eastern Europe, according to U.S. and foreign officials familiar with the arrangement.

The secret facility is part of a covert prison system set up by the CIA nearly four years ago that at various times has included sites in eight countries, including Thailand, Afghanistan and several democracies in Eastern Europe, as well as a small center at the Guantanamo Bay prison in Cuba, according to current and former intelligence officials and diplomats from three continents.

The hidden global internment network is a central element in the CIA’s unconventional war on terrorism. It depends on the cooperation of foreign intelligence services, and on keeping even basic information about the system secret from the public, foreign officials and nearly all members of Congress charged with overseeing the CIA’s covert actions.

The existence and locations of the facilities — referred to as “black sites” in classified White House, CIA, Justice Department and congressional documents — are known to only a handful of officials in the United States and, usually, only to the president and a few top intelligence officers in each host country. …

Virtually nothing is known about who is kept in the facilities, what interrogation methods are employed with them, or how decisions are made about whether they should be detained or for how long.

While the Defense Department has produced volumes of public reports and testimony about its detention practices and rules after the abuse scandals at Iraq’s Abu Ghraib prison and at Guantanamo Bay, the CIA has not even acknowledged the existence of its black sites. To do so, say officials familiar with the program, could open the U.S. government to legal challenges, particularly in foreign courts, and increase the risk of political condemnation at home and abroad. …

Although the CIA will not acknowledge details of its system, intelligence officials defend the agency’s approach, arguing that the successful defense of the country requires that the agency be empowered to hold and interrogate suspected terrorists for as long as necessary and without restrictions imposed by the U.S. legal system or even by the military tribunals established for prisoners held at Guantanamo Bay. …

It is illegal for the government to hold prisoners in such isolation in secret prisons in the United States, which is why the CIA placed them overseas, according to several former and current intelligence officials and other U.S. government officials. Legal experts and intelligence officials said that the CIA’s internment practices also would be considered illegal under the laws of several host countries, where detainees have rights to have a lawyer or to mount a defense against allegations of wrongdoing. …

More than 100 suspected terrorists have been sent by the CIA into the covert system, according to current and former U.S. intelligence officials and foreign sources. This figure, a rough estimate based on information from sources who said their knowledge of the numbers was incomplete, does not include prisoners picked up in Iraq.

The detainees break down roughly into two classes, the sources said.

About 30 are considered major terrorism suspects and have been held under the highest level of secrecy at black sites financed by the CIA and managed by agency personnel, including those in Eastern Europe and elsewhere, according to current and former intelligence officers and two other U.S. government officials. Two locations in this category — in Thailand and on the grounds of the military prison at Guantanamo Bay — were closed in 2003 and 2004, respectively.

A second tier — which these sources believe includes more than 70 detainees — is a group considered less important, with less direct involvement in terrorism and having limited intelligence value. These prisoners, some of whom were originally taken to black sites, are delivered to intelligence services in Egypt, Jordan, Morocco, Afghanistan and other countries, a process sometimes known as “rendition.” While the first-tier black sites are run by CIA officers, the jails in these countries are operated by the host nations, with CIA financial assistance and, sometimes, direction. …

The top 30 al Qaeda prisoners exist in complete isolation from the outside world. Kept in dark, sometimes underground cells, they have no recognized legal rights, and no one outside the CIA is allowed to talk with or even see them, or to otherwise verify their well-being, said current and former and U.S. and foreign government and intelligence officials. …

Among the first steps was to figure out where the CIA could secretly hold the captives. One early idea was to keep them on ships in international waters, but that was discarded for security and logistics reasons.

CIA officers also searched for a setting like Alcatraz Island. They considered the virtually unvisited islands in Lake Kariba in Zambia, which were edged with craggy cliffs and covered in woods. But poor sanitary conditions could easily lead to fatal diseases, they decided, and besides, they wondered, could the Zambians be trusted with such a secret? …

The largest CIA prison in Afghanistan was code-named the Salt Pit. It was also the CIA’s substation and was first housed in an old brick factory outside Kabul. In November 2002, an inexperienced CIA case officer allegedly ordered guards to strip naked an uncooperative young detainee, chain him to the concrete floor and leave him there overnight without blankets. He froze to death, according to four U.S. government officials. The CIA officer has not been charged in the death. …

The CIA program’s original scope was to hide and interrogate the two dozen or so al Qaeda leaders believed to be directly responsible for the Sept. 11 attacks, or who posed an imminent threat, or had knowledge of the larger al Qaeda network. But as the volume of leads pouring into the CTC from abroad increased, and the capacity of its paramilitary group to seize suspects grew, the CIA began apprehending more people whose intelligence value and links to terrorism were less certain, according to four current and former officials.

The original standard for consigning suspects to the invisible universe was lowered or ignored, they said. “They’ve got many, many more who don’t reach any threshold,” one intelligence official said.

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Origins of the interstate highway system

commonplace book, history / /

From Robert Sullivan’s “An Impala’s-Eye View of Highway History” (The New York Times: 14 July 2006):

Another traveler, Dwight D. Eisenhower, spent two months in 1919 driving a military convoy across the country; the shoddy roads left a lasting impression on him. After World War II he studied Hitler’s autobahn and concluded that the American military should have one. In 1956 he signed the Federal-Aid Highway Act, which, the president recounted in his memoir, resulted in enough concrete to build “six sidewalks to the moon.” The new highways were originally meant to loop around cities that could be skirted should they be destroyed by atomic bombs. Instead, the loops started a suburban construction boom that continues to this day. [Robert] Sullivan reports that Phoenix, a city that virtually rose out of the Interstate, currently gobbles up land at the rate of 1.2 acres per hour.

In the 1960’s state toll roads entered into the system, extending the web to all corners of the country. Today almost 47,000 miles of Interstate highways – with attendant motels, fast-food courts and construction projects – have paved over the continent with such efficiency that one can move from sea to shining sea with speed, economy and almost zero interpersonal interaction.

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NSA spying: Project Shamrock & Echelon

history, politics, security, tech in changing society, technology / /

From Kim Zetter’s “The NSA is on the line — all of them” (Salon: 15 May 2006):

As fireworks showered New York Harbor [in 1976], the country was debating a three-decades-long agreement between Western Union and other telecommunications companies to surreptitiously supply the NSA, on a daily basis, with all telegrams sent to and from the United States. The similarity between that earlier program and the most recent one is remarkable, with one exception — the NSA now owns vastly improved technology to sift through and mine massive amounts of data it has collected in what is being described as the world’s single largest database of personal information. And, according to Aid, the mining goes far beyond our phone lines.

The controversy over Project Shamrock in 1976 ultimately led Congress to pass the 1978 Foreign Intelligence Surveillance Act and other privacy and communication laws designed to prevent commercial companies from working in cahoots with the government to conduct wholesale secret surveillance on their customers. But as stories revealed last week, those safeguards had little effect in preventing at least three telecommunications companies from repeating history. …

[Intelligence historian Matthew Aid] compared the agency’s current data mining to Project Shamrock and Echelon, the code name for an NSA computer system that for many years analyzed satellite communication signals outside the U.S., and generated its own controversy when critics claimed that in addition to eavesdropping on enemy communication, the satellites were eavesdropping on allies’ domestic phone and e-mail conversations. …

If you want some historical perspective look at Operation Shamrock, which collapsed in 1975 because [Rep.] Bella Abzug [D-NY] subpoenaed the heads of Western Union and the other telecommunications giants and put them in witness chairs, and they all admitted that they had cooperated with the NSA for the better part of 40 years by supplying cables and telegrams.

The newest system being added to the NSA infrastructure, by the way, is called Project Trailblazer, which was initiated in 2002 and which was supposed to go online about now but is fantastically over budget and way behind schedule. Trailblazer is designed to copy the new forms of telecommunications — fiber optic cable traffic, cellphone communication, BlackBerry and Internet e-mail traffic. …

Echelon, in fact, is nothing more than a VAX microcomputer that was manufactured in the early 1970s by Digital Equipment Corp., and was used at six satellite intercept stations [to filter and sort data collected from the satellites and distribute it to analysts]. The computer has long since been obsolete. Since 9/11, whatever plans in place to modernize Echelon have been put on hold. The NSA does in fact have a global intercept network, but they just call it the intercept collection infrastructure. They don’t have a code name or anything sexy to describe it, and it didn’t do domestic spying.

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A private espionage company for businessmen

business, security, technology / /

From Bo Elkjaer and Kenan Seeberg’s “Echelon’S Architect” (Cryptome: 21 May 2002):

After that, [Bruce McIndoe] started to design Echelon II, an enlargement of the original system.

Bruce McIndoe left the inner circle of the enormous espionage network in 1998, a network run by the National Security Agency, the world’s most powerful intelligence agency, in cooperation with other Western intelligence services. Ekstra Bladet tracked down Bruce McIndoe to IJet Travel Intelligence, a private espionage agency where he is currently second in command.

IJet Travel Intelligence is an exceedingly effective, specialized company that employs former staff members of the NSA, CIA, KGB and South African intelligence services.

The company’s task is to furnish reports for top executives from US business and industry that reveal everything about the destination to which they are travelling for their multinational company. All the information they need to make the trip as safe as possible. The company resembles a miniature version of his previous employer, the world’s most powerful intelligence agency, the NSA. …

“Okay. In short, we have transferred everything I did for the NSA and other services to a private company that then sells intelligence to businesspersons. We get information on everything from local diseases, outbreaks of malaria epidemics and local unrest to strikes, the weather and traffic conditions. Our customers are large multinational companies like Prudential and Texas Instruments. We also work for institutions like the World Bank and the IMF.” …

“Yes, exactly. Our staff are also former intelligent agents who have either developed or run espionage operations for US intelligence agencies or people from the UK, South Africa and Russia.”

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Conservatives are more ruthless than liberals

history, politics / /

From Alan Wolfe’s “Why Conservatives Can’t Govern” (The Washington Monthly: July/August 2006):

Political parties expend the time and grueling energy to control government for different reasons. Liberals, while enjoying the perquisites of office, also want to be in a position to use government to solve problems. But conservatives have different motives for wanting power. One is to prevent liberals from doing so; if government cannot be made to disappear, at least it can be prevented from doing any good. The other is to build a political machine in which business and the Republican Party can exchange mutual favors; business will lavish cash on politicians (called campaign contributions) while politicians will throw the money back at business (called public policy). …

Historically and philosophically, liberals and conservatives have disagreed with each other, not only over the ends political systems should serve, but over the means chosen to serve those ends. Whether through the ideas of James Madison, Immanuel Kant, or John Stuart Mill, liberals have viewed violent conflict as regrettable and the use of political institutions as the best way to contain it. Conservatives, from the days of Machiavelli to such twentieth-century figures as Germany’s Carl Schmitt, have, by contrast, viewed politics as an extension of war, complete with no-holds-barred treatment of the enemy, iron-clad discipline in the ranks, cries of treason against those who do not support the effort with full-throated vigor, and total control over any spoils won. From a conservative point of view, separation of powers is divisive, tolerance a luxury, fairness another word for weakness, and cooperation unnecessary. If conservatives will not use government to tame Hobbes’ state of nature, they will use it to strengthen Hobbes’ state of nature. Victory is the only thing that matters, and any tactic more likely to produce victory is justified.

The K Street Project, then, did not arise spontaneously out of the ether. When Republicans in Congress began to inform lobbyists that in return for influence they would have to fire all the Democrats in their firms, they may have broken with long-standing traditions, but they were simply carrying forward politics-as-warfare the way conservative political philosophers have historically understood it. Liberals do not generally have objections to working with conservatives; indeed, having conservatives sign off on any expansion of government adds to the legitimacy of that expansion. But conservatives tend to see working with liberals as corrupting; in the immortal words of conservative activist Grover Norquist, “bipartisanship is another name for date rape.” K Street is to lobbying what Fox News is to journalistic objectivity. In the world that contemporary conservatives have brought into being, rules are not applicable to all parties to a conflict. Rules are part of the conflict, and whoever wins the conflict gets to change the rules.

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Conservatives cannot govern well; reason #1: Medicare reform

politics / /

From Alan Wolfe’s “Why Conservatives Can’t Govern” (The Washington Monthly: July/August 2006):

If government is necessary, bad government, at least for conservatives, is inevitable, and conservatives have been exceptionally good at showing just how bad it can be. Hence the truth revealed by the Bush years: Bad government–indeed, bloated, inefficient, corrupt, and unfair government–is the only kind of conservative government there is. Conservatives cannot govern well for the same reason that vegetarians cannot prepare a world-class boeuf bourguignon: If you believe that what you are called upon to do is wrong, you are not likely to do it very well.

Three examples–FEMA, Medicare, and Iraq– should be sufficient to make this point. …

The question of whether Medicare reform will prove politically fruitful for Republicans is still open. But the question of whether it has proven to be an administrative nightmare is not. There were two paths open to Republicans if they had been interested in creating an administratively coherent system of paying for the prescription drugs of the elderly. One was to give the elderly nothing and insist that every person assume the full cost of his or her medication. The other was to have government assume responsibility for the costs of those drugs.

It is significant that in America’s recent debates over prescription drugs, no one, not even the Cato Institute, argued that government should simply not be in the business at all. As a society, we accept–indeed, we celebrate–the fact that older people can live longer and better lives thanks to radically improved medical technology as well as awe-inspiring advances in pharmacology. A political party which consigned to death anyone who could not afford to participate in this medical revolution would die an early death itself.

But Republicans were just as unwilling to design a sensible program as they were unable to eliminate the existing one. To prove their faith in the market, they gave people choices, when what they wanted was predictability. To pay off the pharmaceutical industry, they refused to allow government to negotiate drug prices downward, thereby vastly inflating the program’s costs. To make sure government agencies didn’t administer the benefit, they lured in insurance companies with massive subsidies and imposed almost no rules on what benefits they could and could not offer. The lack of rules led to a frustrating chaos of choices. And the extra costs had to be made up by carving out a so-called “doughnut hole” in which the elderly, after having their drug purchases subsidized up to a certain point, would suddenly find themselves without federal assistance at all, only to have their drugs subsidized once again at a later point. Caught between the market and the state, Republicans picked the worst features of each. No single human being could have designed a program as unwieldy as this one. It took the combined efforts of every faction in today’s conservative movement to produce a public policy so removed from common sense.

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The contradictions of conservatism

history, politics / /

From Alan Wolfe’s “Why Conservatives Can’t Govern” (The Washington Monthly: July/August 2006):

A conservative in America, in short, is someone who advocates ends that cannot be realized through means that can never be justified, at least not on the terrain of conservatism itself. In the past, the ends sought were the preservation of hierarchy, even if the means included appeals to democratic sentiment. In more recent times, conservatives promised order and stability through means dependent upon the uncertainties and insecurities of the market.

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Why the color-coded threat alert system fails

politics, security, tech in changing society / /

From Bruce Schneier’s “Color-Coded Terrorist Threat Levels” (Crypto-Gram Newsletter: 15 January 2004):

The color-coded threat alerts issued by the Department of Homeland Security are useless today, but may become useful in the future. The U.S. military has a similar system; DEFCON 1-5 corresponds to the five threat alerts levels: Green, Blue, Yellow, Orange, and Red. The difference is that the DEFCON system is tied to particular procedures; military units have specific actions they need to perform every time the DEFCON level goes up or down. The color-alert system, on the other hand, is not tied to any specific actions. People are left to worry, or are given nonsensical instructions to buy plastic sheeting and duct tape. Even local police departments and government organizations largely have no idea what to do when the threat level changes. The threat levels actually do more harm than good, by needlessly creating fear and confusion (which is an objective of terrorists) and anesthetizing people to future alerts and warnings. If the color-alert system became something better defined, so that people know exactly what caused the levels to change, what the change means, and what actions they need to take in the event of a change, then it could be useful. But even then, the real measure of effectiveness is in the implementation. Terrorist attacks are rare, and if the color-threat level changes willy-nilly with no obvious cause or effect, then people will simply stop paying attention. And the threat levels are publicly known, so any terrorist with a lick of sense will simply wait until the threat level goes down.”

Living under Orange reinforces this. It didn’t mean anything. Tom Ridge’s admonition that Americans “be alert, but go about their business” reinforces this; it’s nonsensical advice. I saw little that could be considered a good security trade-off, and a lot of draconian security measures and security theater.

Why the color-coded threat alert system fails Read More »

America, the failed state

history, politics / /

From Noam Chomsky’s “Why It’s Over For America” (The Independent: 30 May 2006):

… the fear, which cannot casually be put aside, that, as Gar Alperowitz puts it in America Beyond Capitalism, “the American ‘system’ as a whole is in real trouble – that it is heading in a direction that spells the end of its historic values [of] equality, liberty, and meaningful democracy.”

The “system” is coming to have some of the features of failed states, to adopt a currently fashionable notion that is conventionally applied to states regarded as potential threats to our security (like Iraq) or as needing our intervention to rescue the population from severe internal threats (like Haiti). Though the concept is recognized to be, according to the journal Foreign Affairs, “frustratingly imprecise,” some of the primary characteristics of failed states can be identified. One is their inability or unwillingness to protect their citizens from violence and perhaps even destruction. Another is their tendency to regard themselves as beyond the reach of domestic or international law, and hence free to carry out aggression and violence. And if they have democratic forms, they suffer from a serious “democratic deficit” that deprives their formal democratic institutions of real substance. …

Declarations of noble intent by systems of power are rarely complete fabrication, and the same is true in this case. Under some conditions, forms of democracy are indeed acceptable. Abroad, as the leading scholar-advocate of “democracy promotion” concludes, we find a “strong line of continuity”: democracy is acceptable if and only if it is consistent with strategic and economic interests (Thomas Carothers). In modified form, the doctrine holds at home as well. …

The persistence of the strong line of continuity to the present again reveals that the United States is very much like other powerful states. It pursues the strategic and economic interests of dominant sectors of the domestic population, to the accompaniment of rhetorical flourishes about its dedication to the highest values. That is practically a historical universal, and the reason why sensible people pay scant attention to declarations of noble intent by leaders, or accolades by their followers.

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FBI used OnStar for surveillance

business, law, security, tech in changing society, technology / /

From Charles R. Smith’s “Big Brother on Board: OnStar Bugging Your Car“:

GM cars equipped with OnStar are supposed to be the leading edge of safety and technology. …

However, buried deep inside the OnStar system is a feature few suspected – the ability to eavesdrop on unsuspecting motorists.

The FBI found out about this passive listening feature and promptly served OnStar with a court order forcing the company to give it access. The court order the FBI gave OnStar was not something out of the Patriot Act involving international terrorism or national security but a simple criminal case.

According to court records, OnStar complied with the order but filed a protest lawsuit against the FBI.

Yet the FBI was able to enforce the original legal order and completed its surveillance because OnStar’s lawsuit took nearly two years to pass through the court system.

The 9th Circuit Court of Appeals recently ruled in OnStar’s favor. The ruling was not based on invasion-of-privacy grounds or some other legitimate constitutional basis. The FBI lost because the OnStar passive listening feature disables the emergency signal, the very life-saving call for help that the advertisements tout as the main reason to purchase the system. …

The technical problem of blocking the emergency signal is clearly one that the FBI tech teams can overcome. Thus, under the current ruling, the FBI can resume using OnStar to monitor subject vehicles once it has solved the emergency issue.

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PATRIOT Act greatly expands what a ‘financial institution’ is

business, politics, security, tech in changing society / /

From Bruce Schneier’s “News” (Crypto-Gram Newsletter: 15 January 2004):

Last month Bush snuck into law one of the provisions of the failed PATRIOT ACT 2. The FBI can now obtain records from financial institutions without requiring permission from a judge. The institution can’t tell the target person that his records were taken by the FBI. And the term “financial institution” has been expanded to include insurance companies, travel agencies, real estate agents, stockbrokers, the U.S. Postal Service, jewelry stores, casinos, and car dealerships.

PATRIOT Act greatly expands what a ‘financial institution’ is Read More »

Media-induced fear & its effects

commonplace book, politics, security, tech in changing society / /

From John Twelve Hawks’s “ How We Live Now” (2005):

In his insightful book “The Culture of Fear,” Barry Glassner shows how many of our specific fears are created and sustained by media manipulation. There can be an enormous discrepancy between what we fear and the reality of what could happen to us. Glassner analyzes several “threats” such as airplane disasters, youth homicide, and road rage, and proves that the chance of any of these dangers harming an individual is virtually nonexistent.

Although Glassner accurately describes the falseness of a variety of threats, he refrains from embracing any wide-reaching explanation. It can be argued that the constant message of impending destruction is simply a way for the media to keep us watching television – “Are cyber predators targeting your children?” is a tagline that is going to get the audience’s attention. What interests me is not the reality of these threats, but the effect they have on our view of the world. Fear encourages intolerance, racism and xenophobia. Fear creates the need for a constant series of symbolic actions manufactured by the authorities to show that – yes, they are protecting us from all possible dangers.

Media-induced fear & its effects Read More »

Another answer to “I have nothing to hide”

law, politics, security, tech in changing society / /

From John Twelve Hawks’s “ How We Live Now” (2005):

“And so what if they know all about me?” asks the honest citizen. “I’m good person. I’ve got nothing to hide.” This view assumes that the intimate personal information easily found in our computerized system is accurate, secure, and will only be used for your benefit. What if criminals access your information? What if corporations deny you insurance or employment because the wrong data has ended up in your file? What if you simply want to take control over who knows what about you?

Another answer to “I have nothing to hide” Read More »