Posts Tagged ‘ civil rights ’

Internet Wars: A Who’s Who Guide

Thursday, October 7th, 2010
Steve Norton



Steve Norton is communications director at the Information Technology and Innovation Foundation and a former journalist and speechwriter.

by Steve Norton

Back in the day, there were no protesters outside corporate headquarters in Silicon Valley, no one had a position on net neutrality because no one knew what is was, and technology journalists were breathlessly trying to keep pace with new technologies and companies instead of holding forth on civil rights and liberties or network engineering protocols.

But ten or 15 years in the life of the Internet is a long time.  The Internet is the transformative phenomenon of our time and its role in our lives raises serious questions about who the Internet “belongs” to, whether it is used for good or ill, what are its technological limits, and what role government has as arbiter of its future.  The debates on these and other questions has become passionate and shrill, generating more heat than light at times.  A person trying to follow the debate might need a field guide to sort through the wide array of groups and their philosophical or economic orientation.  Allow me to offer up this breakdown, the details of which are spelled out in “Who’s Who in Internet Politics: A Taxonomy of Information Technology Policy,” a new report from the Information Technology and Innovation Foundation.

In the report, ITIF lays out the following eight categories:

Cyber-Libertarians – Think of them as the original “netizens” and purists who believe the Internet should be governed solely  by its users that and “information wants to be free.”  Privacy and piracy will take care of themselves by the individuals who make up the organic and living Internet and not by government. Groups include the Free Software Foundation and the Electronic Frontier Foundation

Social Engineers – Mostly liberal, they see a lot of good in the Internet as an education and communications tool but they worry about the “digital divide,” privacy, net neutrality, and a concentration of power by both government and major corporations.  These issues could erode the Internet’s capacity to be a tool for good for all.  Among groups are the Benton Foundation, Center for Democracy and Technology, Center for Digital Democracy, Civil Rights Forum on Communication Policy, Consumer Project on Technology, Electronic Privacy Information Center, Free Press, Media Access Project, and Public Knowledge, and scholars such as Columbia’s Tim Wu, MIT Media Laboratory’s David Reed, academics at Harvard’s Berkman Center (among them Larry Lessig and Yochai Benkler).

Free Marketers – Unleash the entrepreneurs! This group views the digital revolution as the great third wave of economic innovation in human history and a dynamic and liberating force that the government should mostly keep out of it. Groups include the Cato Institute, the Mercatus Center, the Pacific Research Institute, the Phoenix Center, the Progress & Freedom Foundation, and the Technology Policy Institute.

Moderates – Unabashedly pro-IT, they see the Internet as this era’s driving force for both economic growth and social progress and they believe a light touch from government is useful in helping the Internet reach its potential.  “Do no harm” to limit to IT innovations but also “actively do good” is their mantra. Examples of moderates include the Center for Advanced Studies in Science and Technology Policy, the Center for Strategic and International Studies, ITIF, and the Stilwell Center.

Moral Conservatives – These groups see the Internet as an often smutty and dangerous place teeming with pornographers, gamblers, child molesters, terrorists that only government can keep at bay. They pushed for passage of the Communications Decency Act and Child Online Protection Act, Internet filtering in libraries, and worked to push legislation to ban online gambling.  Examples are groups like the Christian Coalition and Focus on the Family, and around the world with countries like Indonesia, Thailand, Saudi Arabia and other religiously conservative nations that seek to limit activity on the Internet.

Old Economy Regulators – This group believes the Internet should be regulated in the same way that government regulates everything else. Otherwise, you have chaos and inequities.  Examples of this group include law enforcement officials seeking to limit use of encryption and other innovative technologies, veterans of the telecom regulatory wars that preceded the breakup of Ma Bell, legal analysts working for social engineering think tanks, as well as government officials seeking to impose restrictive regulatory frameworks on broadband.

Tech Companies & Trade Associations – Software and communications giants, Internet start-ups, and the groups that represent them, these tech interests tend to believe that regulation can be both advantageous and detrimental, depending on their particular business model.  They also advocate policies that are good for the technology industry or the economy in general. Examples include IBM, AT&T, and Hewlett Packard, Cisco Systems and Microsoft, and recent phenomena in the market such as Google and Facebook, as well as trade associations like the Information Technology Industry Council and the Association for Competitive Technology. They delve into trade, tax, regulatory, and other public policy issues from a bottom-line perspective rather than a philosophical basis.

Bricks-and-Mortars – This group includes the companies, professional groups, and unions that use the Internet but also see it eroding the old-economy and face-to-face business transactions and they struggle to hold back the tide. These include both producers and distributors and middlemen (such as retailers, car dealers, wine wholesalers, pharmacies, optometrists, real estate agents, or unions representing workers in these industries). The long running battle over taxing Internet sales illustrates their struggle.

Of course, individual groups defy rigid characterization.  For example, Moral Conservatives might find themselves on the same side of an issue as Social Engineers.  Also, consensus is often elusive in trade associations as member companies often have complicated interrelationships or niches in the market.  However, whether you lean more toward advancing the interests of the individual or society as whole, see government regulation as generally useful or harmful, or are wary of the Internet’s influence or enthusiastic about it is useful to understanding where various groups stand.  You might need Venn diagrams to fully understand the Internet policy landscape when surveying issues such as piracy, net neutrality, intellectual property rights, and Internet sales taxes.  (An unusual pursuit, to be sure.)

One common theme in all these groups is that they almost certainly believe they are advocating sound policies and doing the right thing for individuals and for society – as incomprehensible as that might seem to those from an opposing organization.  In some cases, their passion for their beliefs makes for a good sound bite in a news story.  The societal destruction by a government that is scheming to implant chips in our heads is an easier story to sell than an explanation of how packets are sorted on broadband networks. And this is dangerous.

Internet and technology debate is being politicized and degraded.  And misguided and ill-informed debates lead to misguided and ill-informed policies. We have enough of people vehemently opposing bills they haven’t read or crafting policy from bumper stickers and making caricatures of opponents.   The Internet’s transformation is really just beginning so people in government, the media, and the public at large need to refine and update their understanding of the philosophical issues, the players, the economic realities, and societal issues as stake.  Wherever you come down on a range of tech policies – whether you carry placards outside of Facebook’s offices or decide to get an engineering degree to figure out net neutrality – it is essential to understand the political and policy landscape that didn’t exist just 20 years ago.  And now you have a map.

Photo credit: Stefan

Newt and the Religious “Double Standard”

Thursday, July 22nd, 2010
Ed Kilgore



Ed Kilgore is a PPI senior fellow, as well as managing editor of The Democratic Strategist, an online forum.

by Ed Kilgore

As you may have noticed, the latest right-wing “scandal” (at least for those who are not mesmerized by the “exposure” of liberal opinion in the leaked archives of the JournoList) is the planned construction of a mosque and Islamic cultural center near Ground Zero in New York. This is essentially a local land use issue of the sort that New York authorities deal with every day, but the “threat” of this mosque has already become a cause celebre around the country, particularly with the Tea Party folk.

But the most radical reaction so far has been not from any Tea Party spokesman or talk radio jock, but from the former Speaker of the U.S. House of Representatives and a putative presidential candidate in 2012, Newt Gingrich. Check this statement out:

There should be no mosque near Ground Zero in New York so long as there are no churches or synagogues in Saudi Arabia. The time for double standards that allow Islamists to behave aggressively toward us while they demand our weakness and submission is over.

Yes, Gingrich is arguing that religious liberty for Muslims in the United States should be made contingent on religious liberty for non-Muslims in Saudi Arabia. Anything less is a “double standard.”

I suppose this sounds reasonable to people who think all or most Muslims are “Islamists,” or buy Newt’s dubious assertion that the name of the proposed facility, Cordoba House, is a deliberate Islamist provocation aimed at heralding some future armed conquest of the United States. But put aside the particulars here and think about the idea that a unilateral commitment to religious liberty by the United States represents a “double standard” inviting our destruction.

This isn’t a particularly new idea. For a very long time some American Protestants resisted full civil rights for Catholics on grounds that Catholic countries did not extend similar rights to Protestants. You’d think Newt Gingrich, as a very avid recent convert to Catholicism, would be aware of that history and its relevance to his “double standard” argument.

Newt’s line, of course, is an analog to the argument beloved of some conservatives that in the civilizational struggle with Islamism, American principles of decency–say, a reluctance to torture prisoners–are just signs of contemptible weakness that make our enemies laugh at us. It’s richly ironic that the kind of people who deeply believe in “American exceptionalism”–the notion that much of what is good on this planet would disappear if America began to resemble countries like Canada or England or France–are sometimes among the first to argue that America should abandon its distinctive beliefs whenever it is convenient. But Gingrich carries the freedom-is-weakness argument to a brand new extreme. Wonder how his fans would react if he suggested that the right to bear arms should be suspended for the duration of the War On Terror to keep guns out of the hands of Islamists? The mind reels.

This item is cross-posted at The Democratic Strategist.

Photo Credit: Gage Skidmore

“We Know the Kids Can Achieve”

Friday, June 18th, 2010
Jared Polis



Rep. Jared Polis represents Colorado’s Second Congressional District and is a member of the House Education and Labor Committee. He is a former chairman of the Colorado State Board of Education who founded and served as the superintendent of charter schools serving at-risk student populations.

by Jared Polis

The following is an excerpt from Rep. Jared Polis’s (D-CO) remarks at the PPI Capital Forum — Turnaround Schools: Rising to the Challenge:

Let me start by thanking the Progressive Policy Institute for their pioneering work, their work that led to the explosion of the charter school movement…as well as the support of PPI for education reform generally, which truly is a civil-rights issue. This is an issue of how does our society achieve equality, equality of opportunity, regardless of your race, your income bracket, your geography. The fact that you should have equality of free public education, regardless of your ZIP code, is the civil-rights issue and challenge for our current generation.

On the current blueprint for the administration: I’d give it an A-minus….If you’re asking me how to get it to an A, I would say, more of a focus on early childhood, as well as a focus on the continuum of early childhood all the way through higher education. And Colorado and other states are doing great things around access to higher education at the high-school level, moving to dual-enrollment options. I would love to see more of a federal emphasis on some of these programs that are successful on a state-by-state basis.

Two, I personally would like to see more explicit preservation and support for what had been done under No Child Left Behind with supplemental services and after-school programs, some of which have been proven effective, some of which haven’t been — but letting the data drive the process, in terms of making sure quality after-school programs are available in schools where the kids need it, be they provided by private providers or the school district itself.

…Personally, I would also like to see as much focus on career readiness as college readiness. I think that the plan gives short shrift to what we traditionally call vocational education in favor of college readiness, which, of course, is critical….But there is the reality that half of our kids or more will not necessarily be matriculating for a four-year university. Let’s look at what real, employable skills they can get from our public education system, even if those services are delivered by community colleges at our high school campuses or the kids are taking college courses while they’re there. Let’s look at that career-readiness piece at the same level as the college-readiness piece.

Kids really need to graduate and a diploma needs to mean both career and college readiness. They always put the career and college readiness piece in the verbiage, but really, everything below it is about college readiness, not career readiness. So that’s a personal issue that I would have….

Clearly, the turnaround area is one of the most topical and important areas. These provide a toolbox approach for capable and competent superintendents to take the reforms that they need at the schools that are persistently failing. Now, first of all, we need to acknowledge there is no excuse for a persistently failing school. People love to make excuses.

They say, well, they’re all – you know, none of them speak English or they’re all from poor communities or none of them have good home lives – and those are all very real challenges, and we all support a holistic approach to public policy. I think our health-care bill that the Congress recently passed will go a long way toward making sure that families from all economic background have the kinds of health care they need.

But again, we have seen models succeed with kids from diverse demographic backgrounds. We have seen schools in my district in Colorado, a charter school, Ricardo Flores Magon Academy, third-grade, 80 percent ESL, 90 percent free and reduced lunch, and yet, they reached 95 percent proficiency on the state test in reading and 100 percent proficiency in math. Again, you look at the demographics and you can say, why is this school succeeding, whereas another school that serves the exact same demographic – low-income, ESL, has almost, you know, the reverse, with only 10 to 15 percent of the kids proficient at grade level?

So no excuses. We know the kids can achieve. Let’s make sure that they have the opportunity to attend a school that allows them to fulfill their potential.

For a full transcript of the event, click here (PDF). For the video, click here.

Miranda Rights and the Public Safety Exception

Wednesday, February 10th, 2010
Matthew Dahl



Matt Dahl is a judicial clerk in Virginia and writes about national security law on his blog. The views expressed here are his own.

by Matthew Dahl

Over the last couple of weeks, Republicans have been going hard against the administration over its handling of Umar Farouk Abdulmutallab, the Nigerian man being held for attempting to blow up a Northwest Airlines flight on Christmas Day.

On January 26, several high-ranking Senate Republicans sent a letter to Attorney General Eric Holder asserting that the administration rushed into giving Abdulmutallab constitutional Miranda rights without first coordinating with all necessary national security agencies and ignored him as a possible “intelligence resource.” This week, Newt Gingrich appeared on “The Daily Show” to slam the “mirandizing” of Abdulmutallab (falsely claiming that the same treatment for “shoe bomber” Richard Reid was fine because he was a U.S. citizen — Reid is British), while Sen. Kit Bond (R-MO) called for the removal of John Brennan, the White House’s top counterterrorism official.

Last week, Holder wrote a five-page letter to Senate Republican leader Mitch McConnell, defending the administration’s actions. Holder cited numerous incidents in the past in which terrorists had been apprehended, given constitutional rights, and then successfully cultivated as intelligence assets.

Despite what the Republicans claim, authorities can, in fact, obtain intelligence from terror suspects after Miranda rights are given. Moreover, there is a legal provision that could allow them to question terrorists before granting them their Miranda rights. As Holder stated in his letter, there is a public safety exception to the Miranda rule that allows authorities to question a suspect before reading him his Miranda rights if they believe an immediate danger to public safety exists.

Here’s how it works. Authorities on the scene of a terrorist act or attempt can make the determination whether or not a danger to public safety exists. If authorities determine that such a danger exists, as would be the case in almost any terrorist attack or attempted attack, they could invoke the public safety exception to allow them to question the suspect for some time before reading them their Miranda rights. After authorities are satisfied that they have gathered the information necessary to protect against imminent threats, the prisoner can then be given his rights. The suspect can challenge the use of the public safety exception and the length of questioning in a subsequent court hearing, where it would be up to a judge to decide whether use of the exception was justified. In clear-cut cases like Abdulmutallab’s, the exception would almost certainly always be upheld.

The public safety exception to Miranda was used in Abdulmutallab’s case. But in a way, that’s beside the point: Reports indicate that Abdulmutallab continues to give up valuable intelligence even after his rights were read to him. It’s an important point to remember: the public safety exception need not be a precondition to extracting information from suspected terrorists. Questioning after Miranda can take place with the suspect’s attorney present, which obviously can yield good information, as is reportedly the case with Abdulmutallab.

I tire of the notion, so often trumpeted by conservatives, that protecting constitutional rights and protecting national security are diametrically opposed ideas. Holder’s letter points out that even the Bush administration charged over 300 people with terrorism-related charges under the civilian justice system, with all traditional constitutional rights respected. We’ve used existing civilian law to combat terrorism in the past, and there is no reason to discontinue the practice now. America’s principles have endured for more than two centuries. Compromising them now is unnecessary and it will not make us safer.

The views expressed in this piece do not necessarily reflect those of the Progressive Policy Institute.