FC: Politech readers reply to "Geeks should write code, not laws"

From: Declan McCullagh (declanat_private)
Date: Tue Aug 13 2002 - 21:58:17 PDT

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    I received lots of replies, most negative, about my column that appeared on 
    Monday: http://www.politechbot.com/p-03880.html
    
    A sampling follows. (Slashdot also picked up the column.)
    
    A brief response: The piece was designed to get folks to think about the 
    real-world effects of online activism. Do I believe that we should give up 
    on all non-coding activism? Of course not. But what has been missing is a 
    careful appreciation of the costs and the benefits of online activism. 
    Would you rather see Ian Clarke start a certain-to-be-ignored postcard 
    campaign instead of inventing such a beautifully disruptive technology as 
    Freenet?
    
    -Declan
    
    ---
    
    To: declanat_private
    Subject: Re: FC: Geeks in government? A bad idea: Geeks should write code, 
    not laws
    From: [a washingtonian]
    Date: Mon, 12 Aug 2002 16:21:14 -0400
    
    Declan -
    
    Agree substantially with your perspective, but think it's slightly 
    overstated.  As a former congressional staffer (now lobbying for industry), 
    I do think that letters and e-mail -- particularly if they're not 
    mass-produced -- can serve the purpose of forcing the staff of a Member to 
    become somewhat familiar with the issue at hand and sometimes formulate a 
    position for the Member.  This is particularly true if the Member is 
    someone that is not normally involved with tech-related issues, which means 
    most Members.  Not that the correspondence will necessarily be 
    determinative of the position the Member takes, but it will often generate 
    some research and education on the issue in the office, which is always a 
    useful prophylactic for the Hollywood line of BS.
    
    But I also agree that a favorable policy solution -- at least in the near 
    term -- is probably not likely.
    
    [deleted] (withhold name/identity if you redistribute)
    
    ---
    
    Date: Mon, 12 Aug 2002 14:41:42 -0400
    From: Nick Bretagna <onemugat_private>
    To: declanat_private
    Subject: Re: FC: Geeks in government? A bad idea: Geeks should write code, not
      laws
    
    Declan McCullagh wrote:
    
     > http://news.com.com/2010-1071-949275.html?tag=politech
     >
     >    Geeks in government: A good idea?
     >
    
    A good piece, in general. I think geeks should write laws, too, but not at
    the expense of writing code which makes idiotic laws moot.
    
    The problem with the code method is that you destroy Rule of Law. The Law,
    ideally, should be codified general ethics, so people have no real reason to
    ignore them or circumvent them.
    
    Our problem results from the fact that our political process is now pretty
    much in the hands of a small group of less-than-scrupulous types who use it
    to manipulate things from start to end. This means it no longer represents
    the generalized, universally agreed upon collection of rules for behavior we
    call ethics, but instead says exactly what those-in-charge want it to say.
    Any connection to ethics is inadvertent.
    
    So people ignore The Law. What you wind up with is a chaos wherein you are
    subject to arrest at any time, at the whim of any government figure, since
    you are almost certainly violating The Law somehow, just in the course of
    daily life. Note how this gives power to that group-in-charge, of course,
    which is why they like it that way.
    --
    ------- --------- ------- -------- ------- ------- -------
    Nicholas Bretagna II
    mailto:afn41391at_private
    
    ---
    
    Date: Mon, 12 Aug 2002 21:13:49 +0200 (MEST)
    From: Mikael Pawlo <mikaelat_private>
    To: declanat_private
    Subject: Geeks in government
    Message-ID: <Pine.SOL.4.10.10208122112380.25582-100000@kairos>
    
    Another perspective on the same issue.
    
    In my opinion, the geeks should get themselves a professional lobbyist.
    
    In Pursuit of Mr Smith:
    http://articles.pawlo.com/newsf06.html
    
    "The Free Software Foundation should fund a lobbyist. No one will
    represent the free software users and developers in Washington D.C. on a
    day-to-day basis. We may get a little help from Intel and Apple, when they
    fight for their own technical freedom from the big five record companies
    and Disney with allies from Hollywood. Still, someone must explain
    implications of DRM, the effect of public procurement policies that
    mandate proprietary software, dangers of lemon laws for software and so
    forth. Software is politics."
    
    Regards
    
    Mikael
    
    _________________________________________________________________________
    
       ICQ:35638414                                mailto:mikaelat_private
       +46-70 421 58 25                            http://www.pawlo.com/
    
    ---
    
    Date: Mon, 12 Aug 2002 17:49:28 +0100 (BST)
    From: Kieran <kieranat_private>
    To: Declan McCullagh <declanat_private>
    Subject: Re: FC: Geeks in government? A bad idea: Geeks should write code,
      not laws
    
    Hi Declan,
    
    I read this article, and I think it's incredibly short-sighted.
    
    Make no mistake, there are massed political forces within the copyright
    and government industries which mean to crush any challenge.  And the
    internet threatens them in the same way the Tea Party threatened King
    George.  The "native internauts" of the geek culture are inhabiting the
    Great Plains of the New World of Cyberspace.  They need to be cleared.
    
    While writing code is nice, and writing code is fun, and writing code is
    where the geek kudos is, Washington is where the future of the "right to
    write code" will be decided.
    
    I wasn't aware that the Senate passed the DMCA unanimously.  This fact
    terrifies me.  It tells me that there is no point dealing with
    Washington.  Geeks are emissaries from a different, future culture.
    Pow-wows with bent, bought and past-it politicians will be exactly
    as productive as those of the last century between native american and
    settlers.
    
    We have a choice: we can assemble our minutemen, and meet each move in
    a timely and effective manner, or we can return to our screens for as
    long as we're allowed.
    
    Frankly, the fact that Washington is bought and paid for merely makes
    the challenge bigger.  The fact that political discourse has been dumbed
    down so that discussion of issues never goes beyond polling, pork-barrel
    and sound-bite means that we don't appreciate the scale of the
    challenge.
    
    So let me ring a bell like Paul Revere: the armies of the copyright
    industry are marching.  They've realised that commerce and tax revenue
    in the future will come from the New World of the Internet.  They've
    invented the barbed wire of the world of ideas, and are about to make it
    compulsory.  Sleep well, and wake up in a reservation...
    
    Regards
    
    Kieran
    
    ---
    
    Date: Mon, 12 Aug 2002 12:11:50 -0700
    To: declanat_private
    From: "A.Lizard" <alizardat_private>
    Subject: Re: FC: Geeks in government? A bad idea: Geeks should write
       code, not laws
    
    At 12:30 PM 8/12/02 -0400, you wrote:
    
    Well intentioned, but dead wrong.
    
    Legislation in progress essentially mandates *advance* approval for new 
    technology from Hollywood. The idea that bands of underground technologists 
    can "smash tHe sTaTE" with fantastic new technologies the Feds can't cope 
    with is romantic BS and you as a experienced political journalist should 
    know it.
    
    These technologies will never reach the masses if their possession and 
    distribution becomes illegal and the only people who know of them and how 
    to get them is the 'elite' h4xx0r. PGP isn't exactly common on people's 
    desktops despite being completely legal *and* given that it had corporate 
    marketing and support.
    
    You are right about the online petition sites, etc. being a waste of time, 
    but the solution is ... snailmail with real large checks in it requesting 
    that our opinions be considered. Not throwing in the towel.
    
    The *only* way for "geeks" to win is to create a NRA/AARP style 
    single-issue political advocacy group with a combined mass action / 
    lobbying / fundraising presence and get support the same way they do. Given 
    that we are of comparable size and even now have a higher average income 
    than NRA/AARP members, there is absolutely no reason why we can't raise 
    *more* money than Hollywood can with or without high-tech corporate 
    support. However, a viable political organization should have no more 
    difficulty raising corporate money than the NRA does in raising money from 
    gun manufacturers.
    
    You say this doesn't work? Check out how many dollars are spent on the 
    retired vs how much is spent on children. Note that guns are still legal 
    for private possession and ownership despite the fact that the media and a 
    major political party has been putting out the "guns are EVIL" message for 
    generations.
    
    Hollywood can only deliver money. A "geek" mass-action organization will be 
    able to deliver money, *votes*, and campaign workers. Hollywood can't 
    compete with that.
    
    If we can't put such an organization together despite the fact that we as a 
    group are better educated and have higher income than groups of comparable 
    size which are considered major players on the US political scene, we don't 
    *deserve* to have our opinions considered in the lawmaking process.
    
    Our options are:
    1) band together, open our wallets, donate our own time to make sure our 
    friends get elected and our enemies get retired. One $100 contribution to a 
    Congresscritter can be ignored. 100,000 such contributions aggregated by a 
    "geek" organization means that when the Department of Commerce sets up a 
    DRM conference, our people will be invited VIP guests.
    
    2) watch corporate high-tech R&D move to places where Hollywood doesn't 0wn 
    the government to escape the drastically increased costs of compliance and 
    slower development cycles with the legislation passed or in progress will 
    mandate.
    
    The individual geek option in this case is to move out of the US when this 
    happens to wherever the most interesting companies are going or learn how 
    to love flipping burgers.
    
    3) bet on every government in the world adopting the same shackles on its 
    own high-tech that the entertainment industry wants. I think this a sucker bet.
    
    A.Lizard
    
    ---
    
    Date: Mon, 12 Aug 2002 11:53:40 -0600
    From: "Ralph S. Hoefelmeyer" <ralph.hoefelmeyerat_private>
    Subject: RE: Geeks in government? A bad idea: Geeks should write code, not laws
    To: declanat_private
    
    Declan,
    This is one of the best articles I have read regarding where engineers
    should spend their time to work for meaningful change in the world.  It
    rings a strong chord ... I am forwarding this to my acquaintances as a
    clarion call on how we can bring about positive change.
    Ralph
    
    ---
    
    Subject: Re: FC: Geeks in government? A bad idea: Geeks should write code, 
    not laws
    Date: Mon, 12 Aug 2002 13:34:05 -0400
    From: Joel Smith <joelat_private>
    To: <declanat_private>
    
     >   Here's the bitter truth: These efforts are mostly a waste of time.
     >   Sure, they may make you feel better, but they're not the way to win.
    
    I agree that the letter writing campaigns are not effective. But I can't
    see where pulling back from the political process altogether is a good
    idea either. True, writing better code to make the politicians
    irrevelevant is important. But pulling back completely means the
    technology sector isn't represented, and that's bad. That's why we are
    where we are.
    
    Why wouldn't it be a good idea to form a new technology party, or at
    least a decentralized aggregate of concern? It wouldn't have to conform
    to the old standards of political parties, but it could be used as a
    stick to keep the current crop of technophobes in check until nature runs
    it's course for them. Geeks have the power and the money, just no current
    effective means of exerting the pressure those resources afford. Imagine
    the impact on the US economy if we, qua geeks, decided to all take a
    vaction next month.
    
    Ignorance doesn't go away on it's own, and we can't just leave it behind.
    The politicians make bad decisions because they get bad information and
    don't understand the implications of their choices, at least where
    technology is concerned. This is a digital divide issue. True, the power
    structure isn't poor, the usual measurement for the digital divide. But
    digital divide issues generally aren't related to wealth, or lack
    thereof, but rather a mindset that fails to recognize digital techology
    as a valuable tool for personal empowerment. Politicians have to become
    stakeholders before they will stop making bad decisions and bad laws.
    
    Geeks should be working to get elected, working to pressure local party
    apparatus to put up technofriendly candidates, working to subvert the
    status quo from the inside. I do agree that we need to make as many
    strides in new technology as possible, so keep programming. And until
    politicians "get it", they'll keep swatting at promising new technology.
    I think we need some means of becoming a positive, active, factor in the
    political equation.
    
    Joel Smith
    m3 Consulting & Services
    joelat_private
    (252) 523-7053
    
    
    ---
    
    Date: Mon, 12 Aug 2002 10:09:03 -0700 (PDT)
    From: A Kol <akol321at_private>
    Subject: Your article: "Geeks in govenment: a good idea?"
    To: declanat_private
    
    I strongly disagree with you and think you're sending
    a dangerous, irresponsible message.
    
    When Intel Exec VP Leslie Vadasz got up before
    Congress and stood up to Fritz Hollings at the
    copyright hearing in March he was alone - completely
    alone. Nobody from the geek side backed him up. Don't
    think it didn't have an effect. It did. Hollings and
    his ilk proceeded to roll over him.
    
    And just read what Rick Boucher said about how the
    DMCA was passed. He attributes it to the lack of
    citizen and activist involvement. Only the library
    organizations took an interest and they were poorly
    organized. I don't have the link offhand, but it's
    there.
    
    And how do you think Wi-Fi came into being? Because of
    activists. The FCC created Part 15 (the creation of an
    unlicensed band) in response to petitions by activists
    like Dave Hughes, amateur radio geeks, and certain
    computer companies. Ditto low power radio (even though
    the NAB managed to dilute it).
    
    And as to your point,
    "Put another way, who made a bigger difference: Yet
    another letter-scribbling activist ...Or the veterans
    of the Internet Engineering Task Force, which oversees
    the fundamental protocols of the Internet?"
    
    Wrong, wrong, wrong.
    
    For your info, one of the Internet veterans who
    actually wrote key elements of Internet protocols,
    David Reed, is now in Washington at his own time and
    expense trying to convince the FCC to use Part 15 as a
    model for practically the entire spectrum. This is
    profound. And guess what? The FCC is coming around. I
    emailed you about this recently.
    
    When you get a chance I urge you to listen to the
    RealAudio of last Friday's FCC meeting featuring Reed
    and Steve Stroh (a ham radio/wireless activist,
    writer, speaker) facing off with Michael Powell's
    darling, Thomas Hazlett.
    
    Reed & company blew Hazlett away and Powell gave a
    speech at the start of that meeting saying that these
    geeks may be right afterall.
    
    So much for your musings that geeks should stay out of
    government and stick to coding.
    
    -A. Kol
    
    ---
    
    References: <20020812123030.A17360at_private>
    Date: Mon, 12 Aug 2002 13:46:11 -0400
    To: declanat_private
    From: "R. A. Hettinga" <rahat_private>
    Subject: Re: FC: Geeks in government? A bad idea: Geeks should write code,
      not laws
    
    At 12:30 PM -0400 on 8/12/02, Declan McCullagh wrote:
    
    
     >    Geeks in government: A good idea?
    
    If I may be permitted to retread an old chestnut...
    
    
    Q. What do you call a geek who joins the government?
    
    A. The government.
    
    :-).
    
    Cheers,
    RAH
    
    
    -- 
    -----------------
    R. A. Hettinga <mailto: rahat_private>
    The Internet Bearer Underwriting Corporation <http://www.ibuc.com/>
    44 Farquhar Street, Boston, MA 02131 USA
    "... however it may deserve respect for its usefulness and antiquity,
    [predicting the end of the world] has not been found agreeable to
    experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'
    
    
    
    
    
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