Freedom: Don’t Let Politicians Tell You to EARN IT

The Wile E. Coyotes of the Internet — US Senators Lindsey Graham (R-SC) and Richard Blumenthal (D-CT) — are sure that THIS time  they’ve finally found a made-to-order tool that can take out the Roadrunn … er, those meddling ki … er,  the First Amendment and  Section 230 of the Communications Decency Act.

Surely, they believe, their latest super duper special Acme rocket —  the “Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2020,” aka “EARN IT” — will finally allow them to deprive you of access to the strong encryption that protects your privacy, so that they (and every hacker on the planet) can snoop on you at will.

Here’s the cartoon character genius and deviousness of the EARN IT Act:

It doesn’t actually OUTLAW strong encryption, nor does it REQUIRE companies to cripple their products with “back doors” for law enforcement.

All it does is create a commission to establish “best practices” for Congress to pass into law.

What could possibly be the harm in that? Well, the EARN IT act would deprive any Internet platform that doesn’t implement those “best practices” of its Section 230 protection from liability for content created by parties other than itself.

What kind of “best practices,” one might ask?

“Best practices” for protecting user security? Nope.

“Best practices” for protecting freedom of speech, promoting vigorous commerce in digital goods and services, etc.? Nope.

“Best practices” for “preventing, identifying, disrupting, and reporting child sexual exploitation.”

You had to know that these cartoon character politicians were going to pull yet another “for the chilllllllldren” gag, and they lay it on thick — the words “child” and “children” appear nearly 300 times in the bill’s text.

And you have to know that among the first set of “best practices” to come down the pike will be demands that platforms prang  encryption so that law enforcement can more easily read your emails, your text messages, etc.

If you’ve thought the matter through, you probably also know that the EARN IT Act and its associated “best practices” won’t prevent or disrupt child exploitation. The strong encryption genie has been out of the bottle for decades and no number or type of “best practices” can stuff it back in. People who have something to hide already have, and will continue to use, the tools they need to hide it. The only thing EARN IT will prevent or disrupt is your privacy and freedom.

Only the innocent and law-abiding among us would be affected by the EARN IT Act, and the effects on good and important things like freedom and privacy would be wholly negative.

Graham, Blumenthal et al. certainly know this too. Don’t let them trick you into thinking they’re just harmless idiots like Wile E. Coyote.

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None of Your Business

My generation may have been the last one born in which privacy was the default rather than the exception. Of course, it didn’t take long for that to change.

In my younger years I saw the birth of Facebook, Instagram, Twitter, Snapchat – just about every social media tool there is. As more of these platforms gained popularity with me and my friends, our default attitude about life changed.

Once upon a time we might have asked: “will I share this with someone?

Now we go somewhere on a trip, hike some mountains, have some interesting days at work – and the default mode is to think that we’ll share it somehow. Sharing is inextricable from the activity. Every photo taken is a memory we want to show someone else. Every life change or major event is publicly accessible within minutes, hours, or days. We post the photos on Instagram, or Facebook, and the news is out – perhaps to most of our network of friends and family and random people – in one fell swoop. We don’t demand anything of anyone for profound access to our lives.

This is a very interesting change. And it’s not necessarily bad. We’re humans: we like to share things, and we like to look cool. That is not going to change.

But it’s still worth noticing – and worth understanding how strange it is in the grand scheme of history.

Most of our predecessors got to experience what is was like to have anonymous or private experiences that people never found out about – or at least found out about later. People had to actually ask them what they were up to: “where are you moving?” “What are you doing for work?” “Do you have a girlfriend?”. And our pre-digital predecessors had to make the decision on a case by case basis about whether to share and how much to share.

What if things were still like this? What if you didn’t broadcast everything out to a wide audience? If you don’t know or can’t remember, it’s probably a sign.

Privacy is not everything. But we shouldn’t deny ourselves the experience of being the only one “in the know” (about good stuff – not just bad stuff) for a while. We might want to get more comfortable with the phrase “none of. your business.” We might expect people to earn more trust and more respect before we tell them our plans, hopes, dreams, and doings.

Originally published at JamesWalpole.com.

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Richard Ebeling: Non-Intervention, America’s Founding Foreign Policy (34m)

This episode features a talk by ethics and economics professor Richard Ebeling from 2018. America is enmeshed in permanent, ongoing foreign wars and interventions. The results of foreign interventionism have been catastrophic, not only in terms of massive death and destruction abroad, but also in terms of ongoing, ever-growing destruction of liberty, privacy, and prosperity here at home. It is time for America to do some serious soul-searching. The best place to begin is by examining first principles — especially the founding principle of non-interventionism on which our nation was founded and which remained its guiding principle for more than a century. Purchase books by Richard Ebeling on Amazon here.

Listen To This Episode (43m, mp3, 64kbps)

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Privacy Is Trust, Trust Is Freedom

Remember Google Glasses? Turns out they are still a thing.

Granted, they’re for manufacturing and specialty industrial purposes now. Google discovered that people weren’t quite ready for glasses that recorded everything.

I was talking with someone today about how useful it might be to have Google Glass in construction/maintenance/contracting work. He was remarking how it would be cool to be able to see what employees were doing.

I get it. There’s a strong incentive to minimize employee waste – because many employees really do waste time. And I have no doubt that some companies will try to implement greater levels of employee surveillance as technology increases.

But here’s the thing: only responsible people can create massive value for a business in the long term. Only people who are free will choose to be responsible. And only people who are trusted believe that they are free.

People who are watched – and know it? They’ll feel so much unease about avoiding the perception of unproductiveness that they’ll worry their way into it. Surveillance of any kind is an enemy to long-term productivity – at least of the kind worth keeping. Even a high-knowledge job with exorbitant pay would feel like slavery (and produce about the same poor results) if it was surveilled.

Privacy gives even employees some small piece of space or time to call their own. And ownership will be the better model, even if it isn’t perfect. Turn the cameras off.

Originally published at JamesWalpole.com.

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JEDI Mind Tricks: Amazon versus the Pentagon and Trump

Amazon is one of the largest companies in the world, boasting revenues of more than $230 billion last year. But last month the company sued the US Department of Defense over a paltry potential $10 billion spread over ten years.

Amazon lost out to Microsoft in bidding for the Pentagon’s Joint Enterprise Defense Infrastructure (yes,  JEDI, because the most important part of a government program is coming up with a cool acronym) cloud computing program.

Amazon claims it lost the contract due to, well, JEDI mind tricks — “improper pressure” and “repeated and behind-the-scenes attacks” —  played by US president Donald Trump on the Pentagon to set its collective mind against his perceived political opponent, Amazon president (and Washington Post owner) Jeff Bezos.

If so, Trump’s mind tricks pale next to the mind tricks used to justify the notion that the Pentagon needs a billion dollars a year to buy its own specialized, proprietary cloud computing system — one that the DoD’s own fact sheet boasts is  merely ” one component of the larger ecosystem that consists of different cloud models based on purpose” — from Microsoft, from Amazon, or from anyone else.

The great thing about cloud computing is that it’s a 50-year-old concept, generally available for years now in numerous off-the-shelf versions. The Pentagon doesn’t need its own cloud computing system any more than it needs its own brand of staplers.

Some JEDI knights might protest that the US armed forces need sturdier security than the everyday user, justifying a proprietary system. Per the fact sheet, “NSA, CYBERCOM, and the intelligence community provided input into JEDI’s security requirements.”

I suspect we’re talking about the same NSA, CYBERCOM and intelligence community we’ve listened to whine for the last 30 years about how civilian encryption technologies and other privacy protections are just too darn good and should be artificially hobbled to make them easier to crack.

Global Firepower lists 2019 defense budgets for 137 of the world’s countries. Of those countries, 61 — nearly half — spend less than $1 billion per year on their entire armed forces. That is, less than the Pentagon wants to spend per year on a single computing system.

It’s not Amazon who’s getting screwed here, it’s the American taxpayer. JEDI is Pentagon budget padding at one end and corporate welfare at the other, not an essential element of a robust national defense.

In other news, US Defense Secretary Mark Esper still hasn’t found the droids he’s looking for.

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The USA PATRIOT Act: The Story of an Impulsive Bill That Eviscerated America’s Civil Liberties

The USA PATRIOT Act provides a textbook example of how the United States federal government expands its power. An emergency happens, legitimate or otherwise. The media, playing its dutiful role as goad for greater government oversight, demands “something must be done.” Government power is massively expanded, with little regard for whether or not what is being done is efficacious, to say nothing of the overall impact on our nation’s civil liberties.

No goals are posted, because if targets are hit, this would necessitate the ending or scaling back of the program. Instead, the program becomes normalized. There are no questions asked about whether the program is accomplishing what it set out to do. It is now simply a part of American life and there is no going back.

The American public largely accepts the USA PATRIOT Act as a part of civic life as immutable, perhaps even more so than the Bill of Rights. However, this act – passed in the dead of night, with little to no oversight, in a panic after the biggest attack on American soil since Pearl Harbor – is not only novel, it is also fundamentally opposed to virtually every principle on which the United States of America was founded. It might not be going anywhere anytime soon, but patriots, liberty lovers and defenders of Constitutional government should nonetheless familiarize themselves with the onerous provisions of this law, which is nothing short of a full-throttle attack on the American republic.

What’s Even in the USA PATRIOT Act?

What is in the USA PATRIOT Act? In the Michael Moore film Fahrenheit 9/11then Rep. John Conyers cracked wise about how no one had actually read the Act and how this was in fact par for the course with America’s laws. Thus, before delving into the deeper issues surrounding the PATRIOT Act, it is worth discussing what the Act actually says. Here’s a brief look at the 10 Titles in the PATRIOT Act:

  • Title I: Enhancing Domestic Security Against Terrorism: This provision dramatically expands the powers of the President, the military and the intelligence community whenever the specter of “terrorism” is invoked. Bizarrely, it contains a provision condemining discrimination against Arabs, Muslims and South Asians, which seems to have very little to do with protecting Americans from terrorism.
  • Title II: Enhanced Surveillance Procedures: Title II contains the meat of the Act with regard to massive, industrial-scale surveillance on the American public. Beyond the simple spying on Americans and their communications, Title II increases the ability of federal intelligence agencies to share your private communications with one another.
  • Title III: International Money Laundering Abatement and Financial Anti-Terrorism Act: Not simply a section of the USA PATRIOT Act, Title III is an Act of Congress in its own right. You might have noticed how much more difficult it is to open a bank account or send a wire transfer after 9/11. You can blame this provision, which shredded banking privacy rights in the United States.
  • Title IV: Protecting the Border: Other than expanding the number of federal employees (of course), the provision of the USA PATRIOT Act charged with protecting America’s borders does little other than point toward paths for future action and study. It is worth noting that the weakest provision of the Act is the only one explicitly authorized by the Constitution — protecting the border.
  • Title V: Removing Obstacles to Investigating Terrorism: Title V authorizes bounties for the apprehension of alleged terrorists, broadens government power to conduct DNA analysis, allows for greater data sharing between law enforcement agencies and, perhaps most disturbingly, requires private telecommunication carriers to comply with government requests for electronic communication records whenever requested by the FBI. It also expands the power of the Secret Service to investigate computer fraud.
  • Title VI: Providing for Victims of Terrorism, Public Safety Officers and Their Families: Perhaps the most innocuous portion of the USA PATRIOT Act, Title VI provides for a victims’ fund for victims of terrorism and their families.
  • Title VII: Increased Information Sharing for Critical Infrastructure Protection: The subtitle of this section of the Act is a rather wordy way of saying that the United States federal government is allowing for law enforcement agencies to share information across jurisdictional boundaries in an easier fashion than was previously legal. To that end, the Bureau of Justice Assistance was given a $50,000,000 budget for 2002 and a whopping $100,000,000 budget for fiscal year 2003.
  • Title VIII: Strengthening the Criminal Laws Against Terrorism: Title VIII is where the rubber meets the road: What exactly is terrorism, according to the federal government? Unfortunately, this Title does little to clarify what terrorism is, instead focusing on declaring a number of actions (such as attacks on transit) as “terrorism,” regardless of intent.
  • Title IX: Improved Intelligence: The section subtitled “improved intelligence” largely expands the powers and responsibilities of the Director of Central Intelligence.
  • Title X: Miscellaneous: When the federal government titles a segment of a law “miscellaneous,” you know it’s going to include everything and the kitchen sink. And so it does: The definition of electronic surveillance, additional funds for the DEA in South and Central Asia, research on biometric scanning systems, a limitation on hazmat licensure and infrastructure protections are all addressed in Title X, which is a catchall for everything the federal government forgot to address in the first nine sections of the law.

Most of the provisions of the USA PATRIOT Act were set to sunset four years after the bill was passed into law. However, the law was extended first by President George W. Bush and then by President Barack H. Obama. The latter is particularly scandalous given that, at least in part, a rejection of the surveillance culture that permeated the Bush Administration was responsible for the election of Obama in 2008.

Continue reading The USA PATRIOT Act: The Story of an Impulsive Bill That Eviscerated America’s Civil Liberties at Ammo.com.

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