Miscellaneous

On the one hand, I’m glad Kip Hawley took the time to answer some skeptical questions about the TSA’s security regime. On the other hand, I don’t find this remotely reassuring:

Bruce Schneier: You don’t have a responsibility to screen shoes; you have one to protect air travel from terrorism to the best of your ability. You’re picking and choosing. We know the Chechnyan terrorists who downed two Russian planes in 2004 got through security partly because different people carried the explosive and the detonator. Why doesn’t this count as a continued, active attack method?

I don’t want to even think about how much C4 I can strap to my legs and walk through your magnetometers. Or search the Internet for “BeerBelly.” It’s a device you can strap to your chest to smuggle beer into stadiums, but you can also use it smuggle 40 ounces of dangerous liquid explosive onto planes. The magnetometer won’t detect it. Your secondary screening wandings won’t detect it. Why aren’t you making us all take our shirts off? Will you have to find a printout of the webpage in some terrorist safe house? Or will someone actually have to try it? If that doesn’t bother you, search the Internet for “cell phone gun.”

It’s “cover your ass” security. If someone tries to blow up a plane with a shoe or a liquid, you’ll take a lot of blame for not catching it. But if someone uses any of these other, equally known, attack methods, you’ll be blamed less because they’re less public.

Kip Hawley: Dead wrong! Our security strategy assumes an adaptive terrorist, and that looking backwards is not a reliable predictor of the next type of attack. Yes, we screen for shoe bombs and liquids, because it would be stupid not to directly address attack methods that we believe to be active. Overall, we are getting away from trying to predict what the object looks like and looking more for the other markers of a terrorist. (Don’t forget, we see two million people a day, so we know what normal looks like.) What he/she does; the way they behave. That way we don’t put all our eggs in the basket of catching them in the act. We can’t give them free rein to surveil or do dry-runs; we need to put up obstacles for them at every turn. Working backwards, what do you need to do to be successful in an attack? Find the decision points that show the difference between normal action and action needed for an attack. Our odds are better with this approach than by trying to take away methods, annoying object by annoying object. Bruce, as for blame, that’s nothing compared to what all of us would carry inside if we failed to prevent an attack.

This is totally unresponsive to Schneier’s question. What Schneier was looking for was some sort of coherent explanation for why shoes and bottles of liquids were a bigger threat than cell phones and fake bellies. He didn’t have any such explanation, probably because there isn’t one. We’ve given the TSA an impossible job and so they’ve responded with security theater. These “security measures” won’t stop a determined terrorist, but it might make travelers (at least those who don’t think about it too hard) feel better.

There’s lots more great (appalling) stuff where the blockquote came from so click on through to part 1 and part 2.

Worst-case Scenario

by on July 31, 2007 · 2 comments

Voting machine vendors are their own worst enemies:

The study, conducted by the university under a contract with Bowen’s office, examined machines sold by Diebold Election Systems, Hart InterCivic and Sequoia Voting Systems.

It concluded that they were difficult to use for voters with disabilities and that hackers could break into the systems and change vote results.

Machines made by a fourth company, Elections Systems & Software, were not included because the company was late in providing information that the secretary of state needed for the review, Bowen said.

Sequoia, in a statement read by systems sales executive Steven Bennett, called the UC review “an unrealistic, worst-case-scenario evaluation.”

Right. Because the way to tell if a system is secure is to focus at the best-case scenario.

I guess I shouldn’t be surprised. Voting machine vendors have a track record of releasing jaw-droppingly lame responses to criticisms of their products, so why not continue the pattern?

I don’t know what’s worse: the fact that this guy decided to drive 1,300 miles (from Virginia to Texas) to burn down a guy’s house after the guy called him a “nerd” during an online flame war, or that along the way the moron posted photos online showing the welcome signs at several states’ borders to prove to his Internet friends that he meant business.

Did he not stop to think that those photos might be used as evidence against him later on at trial?!

Try as I might, I can’t think of any strong tie between this video and technology policy. (Not very) sorry for deviating from TLF’s raison d’etre. (Hat tip: The Agitator)

We’re facing war against a technological civilization far superior to our own! Our enemy can take any shape! They could be anywhere!

– Defense Secretary Keller, played by Jon Voight in Transformers

I took a break from trying to transform bad tech regulation to see Transformers the movie. It was surprisingly cynical for a big, kid-oriented blockbuster movie. At the beginning of the ending credits, the mom and dad of the main character (Sam Witwicky, played by Shia LaBeouf) insert some skepticism about trusting the government with national security secrets to really act in the best interest of the country. And anyone notice that the evil Decepticons were military vehicles, while the good Autobots were civilian vehicles (all GM autos). A veiled message of the power of the market to do good versus government control? And what about the writing on the side of the police vehicle – “to punish and enslave” (which was the only non-military bad guy vehicle, a Saleen S281 based on the Ford Mustang)?

Welcome Cord Blomquist

by on July 9, 2007 · 0 comments

Please join me in welcoming the newest addition to the TLF roster. Cord Blomquist is a technology policy analyst and assistant to the president of the Competitive Enterprise Institute. You might remember our friendly disagreement over the DMCA and the Digg incident. He’s also written some smart stuff on other topics, such as video game ratings, and he appeared on our podcast a couple of weeks ago to discuss Google’s newfound interest in public policy. Welcome aboard, Cord!

Faithful readers will recall that I frequently pen essays responding to calls by politicians or other critics to regulate media content or the Internet “for the children.” One of the most intriguing things about these calls to regulate to protect children is that they are seemingly completely devoid of any historical perspective. Politicians or critics either imply or state directly that children are at grave danger from media content or the Internet, but I think we’ve lost all perspective about what really harms kids.

Cynthia Crossen of The Wall Street Journal has an excellent column on this issue today entitled “Lemonade Stands? Children Used to Toil 14 Hours, Every Day.” She notes that:

about a century ago, some two million American children between 10 and 15 years old had “gainful employment,” according to census data. And unlike teenagers with summer jobs now, these children often worked 12- or 14-hour days, seven days a week. Most of them worked on family farms, but others were employed in mines, mills, canneries or city streets, polishing shoes, hawking newspapers or delivering messages. They attended school sporadically, if at all.

For industrial employers, young workers were cheap and tractable. They could do simple, repetitive tasks for long hours, and their small size often worked to their advantage. To many people, it seemed as natural for children to work in factories as it did to work alongside their parents planting seeds, washing dishes or milking cows.

That really gives you some appreciation for how far we’ve come, doesn’t it? I’ll take the problems we have today versus those of 100 years ago! And I feel the “harm” associated with media content or the Internet is something most parents can handle on their own without resorting to government regulation.

I do not mean to completely belittle concerns about online child safety or access to inappropriate media content — after all I just wrote a whole book entitled “Parental Controls & Online Child Protection“! But I do think we need to put things in a little perspective when it comes to “child safety” and appreciate the strides we’ve made.

Over at the Google Public Policy Blog, there’s an interesting post about recent efforts by Google to lobby the State Department and USTR to treat censorship as a trade barrier. Andrew McLaughlin writes:

Just as the U.S. government has, in decades past, utilized its trade negotiation powers to advance the interests of other U.S. industries, we would like to see the federal government take to heart the interests of the information industries and treat the elimination of unwarranted censorship as a central objective of our bilateral and multilateral trade agendas in the years to come.

But my hope is that the U.S. government can begin to move – incrementally, agreement-by-agreement, over the coming decade and beyond – to include in our bilateral and, eventually, multilateral trade agreements the notion that trade in information services should presumptively be free, absent some good reason to the contrary.

I can see how censorship hurts U.S. IT companies, especially if entire sites like YouTube are blocked when governments object to some user-generated content. But good luck to our trade negotiators in getting China or other repressive governments to loosen their grip over information!

How do the direct and indirect trade barriers of some nations unfairly harm the ability of foreign (particularly American) IT companies to monetize digital innovations and distribute intellectual assets globally? That’s the focus of a new paper from Rob Atkinson and Julie Hedlund at ITIF, entitled The Rise of the New Mercantilists: Unfair Trade Practices in the Innovation Economy.

Today’s innovations have much shorter life-cycles, so companies need
broader, faster market distribution in order to earn returns on
innovation–money they invest in tomorrow’s innovations. These companies seek
sales and licensing markets all across our “flat world.” The ITIF report discusses how it’s not your father’s form of protectionism anymore (such as tariffs and direct subsidies). Companies also face protectionist trade barriers in the forms of lax enforcement of intellectual property piracy and counterfeiting, disparate competition regulations, government preferences and standards manipulation.

Now here’s the crux of the question: is this a new
form of protectionism – what my colleague Steve DelBianco and I call “Protectionism 2.0”? Or are these more subtle forms of trade barriers the result of legitimate public policy goals? Probably a bit of both, but one has to ask – if Microsoft were a German company would it be facing the full wrath of competition regulators? Or if Apple were Dutch, or Norwegian, or French – would it be scrutinized by regulators in those countries eager to break the link between iTunes and iPod?

I have the bad feeling that I’m going to find myself disagreeing with Larry Lessig a lot more in the next few years.

Lessig did a post today announcing that he’s going to be re-orienting his research away from copyright issues:

From a public policy perspective, the question of extending existing copyright terms is, as Milton Friedman put it, a “no brainer.” As the Gowers Commission concluded in Britain, a government should never extend an existing copyright term. No public regarding justification could justify the extraordinary deadweight loss that such extensions impose.

Yet governments continue to push ahead with this idiot idea — both Britain and Japan for example are considering extending existing terms. Why?

The answer is a kind of corruption of the political process. Or better, a “corruption” of the political process. I don’t mean corruption in the simple sense of bribery. I mean “corruption” in the sense that the system is so queered by the influence of money that it can’t even get an issue as simple and clear as term extension right. Politicians are starved for the resources concentrated interests can provide. In the US, listening to money is the only way to secure reelection. And so an economy of influence bends public policy away from sense, always to dollars.

Now, I wholeheartedly agree with his assessment that lobbyists often corrupt the political process. And certainly copyright law—an issue on which I share almost all of his views—is a prime example of that. He’s quite right that there’s no plausible policy argument for retroactive copyright extension, yet Congress did it because of the lobbying might of the copyright lobby.

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