Articles by Jim Harper

Jim HarperJim is the Director of Information Policy Studies at The Cato Institute, the Editor of Web-based privacy think-tank Privacilla.org, and the Webmaster of WashingtonWatch.com. Prior to becoming a policy analyst, Jim served as counsel to committees in both the House and Senate.


I had the pleasure of meeting up with old friends from Capitol Hill and making some new friends at a small reception last night. I came away reminded of, and impressed by, the stark cultural divide between Washington insiders and (for lack of a more precise term) “the rest of us.”

It crystalized for me when I joked with one of my former colleagues about how little I had enjoyed lobbying, mostly because of the clients. They so often wanted to do the wrong thing, and I was supposed to go on the Hill and sell it. She agreed: “Clients. They’re the constituents of the lobbying world.”

We understood one another. For Hill staff, constituents are a pesky annoyance you want to be rid of as soon as possible. Having worked in House leadership, she continued to muse, Members of Congress are the constituents of the leadership world.

There’s no place lower on the totem pole than being a constituent. They are to be avoided – buttered up if necessary, but dismissed one way or another as quickly as possible.

I noted a theme in the reactions as I told these old friends about WashingtonWatch.com and the half-million visitors it had last year. For the most part, they’re advocates of one kind or another now, either in lobbying firms or trade associations. I talked about the better access to information WashingtonWatch.com gives people, and their opportunity to advocate through voting, comments, and the wiki functionality on each page.

Blank stares. Frozen smiles. Let’s have another drink! Translating roughtly to: “Oh, the Internet. OK. Uh-huh.”

For all the good energy going into government transparency and public involvement, my sense is that it’s still widely disregarded by the Washington, D.C. mainstream. I suspect it will be quite disruptive when it all “arrives” – that is, when direct and forthcoming engagement with the public is part of the advocacy business model. But it’ll be a while yet.

A new friend I made there is involved in the State Department’s new blogging effort, Dipnote (ambassadorial lingo for “diplomatic note,” I take it). She described some of the reaction State Department folks have had so far to being part of an open blog. (Comments! Two-way communication – eek!)

A decent reserve of resentment has probably built up among the “constituents” of federal agencies, Congress, and the business of governing generally. Americans have been treated as outsiders to their government for too long. Though it’ll be a little rough, it will only be healthy to bring government officials and Washington advocates into more contact with the people that their jobs are all about.

Viguerie Bashes Fox

by on January 3, 2008 · 0 comments

Conservative lion Richard Viguerie doesn’t like Fox excluding Ron Paul from their New Hampshire debate, and he isn’t shy about saying it. (Nor is he shy about promoting his book.) He makes – and reveals – some interesting points about media bias. It’s welcome to see any media outlet criticized for any reason. There was a time when there wasn’t even a practical way to get the word out.

I was sick of social networking before it was cool. (I may still have an account on Ryze, for heaven’s sake.) But I am growing intrigued with the concept once again. Perhaps I’m having my own little Social Networking 2.0! (OK. That’s all the self-reference I’ll do in 2008 – I guarantee it.*)

I’m interested in the brouhaha that Plaxo has created by creating a process in which they screen-scrape Facebook members’ email addresses. Facebook presents them as images to make harvesting difficult, but apparently Plaxo is using OCR to gather them, contrary to Facebook’s Terms of Service. Best of all, Plaxo is using journalists and bloggers to test it. Robert Scoble has gotten zapped by Facebook for using the Plaxo scraper.

There are wonderful competitive issues, PR issues, and privacy issues here, all balled together in an ugly mass.

I think Michael Arrington has it right:

Beyond the automated script issue, Facebook also has a very good reason for protecting email addresses – user privacy. Robert Scoble may be perfectly fine with having my contact information be easily downloaded from Facebook, but I may not be. Ultimately it should be me that decides, not him. And if Plaxo wants to push the envelope on user privacy issues, again, perhaps they should at least have given Facebook a heads up. And be prepared to take the consequences themselves instead of passing them off to their users.

*not a guarantee

You can hardly tell that I’m a carousing womanizer in today’s Cato Daily Podcast, titled “Once More Into a Breach.”

The NSA Needs Juice

by on January 2, 2008 · 2 comments

Vie Secrecy News, the NSA is expanding its electricity generation capability.

The Proposed Action includes the construction of generator facilities, two electrical substations, a boiler plant and chiller plant, as well as ancillary facilities and parking. The proposed utility upgrades would allow for 100 percent self-contained redundancy, should off site power sources fail.

That bewildering title is my entire contribution to the discussion of the Australian government’s plan to filter the Internet. The 463 has a good write-up of this bad idea. The picture they’ve illustrated the post with alone makes it worth a visit.

The crumbs laid out for me by my feeds this morning have lead me to the brewing showdown between Daily Kos and Jonah Goldberg. Goldberg’s new book Liberal Fascism is certainly provocatively titled. The cover is no less a tweak. Goldberg talks about it with “Glenn and Helen” here.

Kos’ Thomas Kalinowski proposes a Googlebomb on the title of the book, sending searchers to a criticism of it. All well and good – except that it’s not as fair as letting criticisms of the book rise on their merits. And here’s a problem: Google has taken steps to defuse the Googlebombing technique.

I also saw a Danny Glover post this morning speculating on the declining traffic of the Daily Kos blog. Interestingly, Glover saw the talk of Kos’ decline on National Review Online, a home of none other than Jonah Goldberg.

All very incestuous, and part of the rollerball-politics that doesn’t interest me terribly much. Whatever the case, Goldberg is getting a lot of pre-release awareness for his book which, Googlebomb or Googledud, defeats his opponents’ aims.

Watch the success or failure of the “Liberal Fascism” Googlebomb here.

Nothing like the holidays for catching up on one’s reading! Here, in no particular order, are things I should have pointed out to you already:

* The Fall 2007 Regulation magazine has some great articles. (Forgive me if they’ve been touted here already. I may have missed it.) “Considering Net Neutrality” is by TLF’s own Jerry Brito and his Mercatus colleague Jerry Ellig. “Antecedents to Net Neutrality” is another good one, by Bruce Owen of Stanford, who makes points similar to those Tim Lee has made.

Finally, there’s an article critical of Richard Epstein’s treatment of intellectual property as similar to physical property. I understand Professor Epstein will respond to “Intellectual Property and the Property Rights Movement” by Peter Menell in the next Regulation.

* From the homeland/national security data gathering front, I was very interested in a letter to the editor of Foreign Policy magazine commenting on a recent article called “How to Make a Spy,” by Tim Weiner, and the author’s further gloss on his work. In his letter, Senior Fellow at the National Security Archive John Prados points out insightfully:

Technological mechanisms have been seductive because they pull in vast amounts of data and can be planned for and budgeted. But they are indiscriminate and generate more raw intelligence than we can process, even as they fail to provide the key intelligence from inside the enemy camp.

I’ve often thought that spooks like mass surveillance because it means they don’t have to get out of their chairs and put boots on the ground in dangerous places. But don’t underestimate the closely related urge to work on a stable program whose budget situation is under control.

Responding to other comments, the author of the article says the following:

The lower the public image of the United States abroad, the harder it will be to recruit foreign spies who will divulge secrets out of a shared respect for human values.

Think of water-boarding as cutting one head off a hydra.

* The Boston Globe had an article the other day examining the presidential candidates’ views on executive power. Nothing to do with tech policy, but very important.

* In small ways, we continue to see the market respond to privacy demands. None of these steps alone are sufficient to protect privacy, but each is important progress that carries none of the costs of regulation and legislation.

* Finally, next Christmas, I want a spectrum analyzer that will reveal RFID readers!

This somewhat cryptic blog post at Wired reflects the delight of Roger Clarke that the Australian national ID card has been dropped by the incoming government. Clarke wrote an article in 1994 that is probably fairly regarded as the foundation of identitifcation theory. I expanded on his thinking in my book, Identity Crisis.

In related news, Montana Senators Max Baucus and Jon Tester put language prohibiting the expenditure of federal funds for development of a national ID card in the omnibus spending bill Congress passed last week. Because the Department of Homeland Security denies that REAL ID is a national ID, this language is probably hortatory during the current administration.

Your Tax Dollars at Work

by on December 22, 2007 · 0 comments

This will go on as long as the government is awash in money.