" /> SEDHE: May 2005 Archives

« April 2005 | Main | June 2005 »

May 30, 2005

Big Brother wants your IP address

From Wired, via Slashdot, comes a story about the Bush Administration, the USA-PATRIOT Act, and Internet Service Providers (ISPs):

The Bush administration asked a federal appeals court Friday to restore its ability to compel Internet service providers to turn over information about their customers or subscribers as part of its fight against terrorism.

The legal filing with the 2nd Circuit U.S. Court of Appeals in New York comes amid a debate in Congress over renewal of the Patriot Act and whether to expand the FBI's power to seek records without the approval of a judge or grand jury.

U.S. District Judge Victor Marrero of New York last year blocked the government from conducting secret searches of communications records, saying the law that authorized them wrongly barred legal challenges and imposed a gag order on affected businesses.

Supporters of the PATRIOT Act like to say that there is oversight over warrants that require information to be turned over, but the oversight is minimal. Organizations which receive National Security Letters (NSLs) requiring them to turn over information to the authorities in the name of counter-terrorism are forbidden from telling anyone that any information has been turned over or that they received NSLs at all.

Congress is attempting to ascertain whether or not it should renew elements of the PATRIOT Act that are set to expire later this year, and in doing so, they're trying to get information from the FBI and other national crime-prevention organizations about the success of the PATRIOT Act provisions. Unfortunately, the FBI has been less than forthcoming about disclosing how it used its new information-obtaining powers. Congress would like to know how much of these new powers has been used against non-terrorist criminals and how much has been used against terrorist criminals. We're still not sure.

Sure, there is a compelling government interest in keeping its citizens safe, but is security worth the possibility that our government could use these tools to silence its enemies? NSLs leave citizens without recourse to prevent their information from being turned over to the authorities. Where is the due process? The standard of evidence is even lower than usual. Instead of "probable cause," which is required to get a warrant, the PATRIOT Act specifies that terrorism-related warrants can be issued with the lesser "part of an ongoing investigation" standard of evidence. This means that the feds don't have to prove that you probably did something wrong; as long as you can be sort of associated with terrorism, a warrant can be issued. Isn't that a happy thought?

May 26, 2005

'Right' to 'life'

Writing in a syndicated column today, conservative Cal Thomas says that embryonic stem cell research is wrong in all cases. He backs up his argument with religious reasons, observing, "Who are we -- evolutionary accidents upon whom any and all experiments should be tolerated for the 'greater good,' or are we something else and someone else's? Who made us -- a scientist in a laboratory dish, a cosmic accident, or 'our Creator'?"

Stem cell research has the ability, sometime in the future, to find cures for diseases we have now. The diseases which stem cell research would repair have to do with organic, cell-based problems, in which cells which should be healthy are missing or damaged. While all body cells are specialized, stem cells -- cells which exist in the embryo stage, as well as in umbilical cords -- have the ability to adapt and become like the cells around them. An injection of stem cells into a brain would cause the cells to become neurons. This particular feat would be tremendous, since everything we know about the brain so far suggests that neurons cannot regenerate or replicate. A stroke victim permanently loses all of the neurons that die in a stroke. An injection of stem cells could cause those stem cells to become neurons, effectively replacing the neurons that died and restoring normal brain function.

Critics of embryonic stem cell research say, "There's always hope with adult stem cells and umbilical cord stem cells." They also say that the federal research ban is only on federally-funded research and not private research. But there is not as much hope with adult stem cells and umbilical stem cells. These stem cells are different and are not as versatile as embryonic stem cells. As for federal money, that's how most research gets done. Private companies, it is true, do a lot of their own research, but a goodly amount of biomedical research happens at universities or other institutions, and these places get their funding from the National Institutes of Health and other federal sources. The fact is that most of the medical research going on in this country is funded by the government, and the government saying that it will not fund a particular kind of research effectively puts an end to that research, since there's no money to support it.

But what about other countries? Europe is far more advanced in their stem cell technology, an if we want to bring this argument down to the pragmatic level, then picture thousands of the United States' brightest biomedical students studying in Europe because that's where there's funding for stem cell research. Now imagine that these people live there, work there, and pay taxes on their six-figure incomes there. Not only have we lost brilliant minds, we've also lost tax revenue.

The logical leap from "embryonic stem cell research is murder" to "embryonic stem cell research should be outlawed" is "embryos are a form of life that should be preserved at all costs." But what are embryos? Fetuses they are not. Embryos are not fully-formed, tiny versions of cute babies. Embryos -- which exist in the period of human gestation from one to three months -- are not cute. They're smaller than the period at the end of this sentence, and they're a mass of cells. (Could you spot the embryo? Was it cute?) They have no discernable organ systems, they do not feel pain, they cover the most basic definition of "life." An embryo is only slightly higher on the food chain than a bacterium, and we kill the latter every day with Lysol. The "breath of life" that God infuses into a zygote when it is formed can be replicated in a laboratory; we have already created human life in a laboratory, and those "test-tube babies" are no less human than you or me (unless you're a test tube baby, in which case, you're less human than me). There is nothing special about the creation of human life. There are embryos living in freezers at fertility clinics around the country. Let's ask them how they're doing, and how they feel about being frozen. Let's also ask them how they feel about taking up space and doing nothing useful when they could be used for stem cell research.

Can destroying embryos really be called "killing," as Cal Thomas calls it? In the sense that we can kill a bacterium, a housefly, or the yeast in my beer, then yes, we can. We can kill all of those things, and we should be ashamed of it.

Can we destroy an embryo and call it "killing" in the same sense that we can kill something sentient (or possibly sentient), like a fully-formed baby, a dog, or a dolphin, then no, it is not killing. While it may be debated whether or not a dolphin has a concept and awareness of itself (sentience), we can be sure that a human embryo will never contemplate its own existence. A baby is even aware of what is going on around it -- and more importantly, it is recognizable as human. Put a late-stage human embryo, chicken embryo, and monkey embryo side-by-side-by-side and I dare you to correctly identify the human embryo. I bet it will be really hard, since they are practically indiscernable from one another.

Certainly life has a value, but not inherently. Only when we can assign value to life is it life. Hence the death of Terri Schiavo. Sure, she was alive, but was she living? We have no idea how aware she was of anything as she lay in that bed for ten years. Sure, she was breathing, but what kind of life was that? What if, somewhere inside of her head, she was screaming to be killed because she was trapped inside a useless shell of a body? In the business, we would call that torture.

What if we stopped killing bugs because they might be alive? We have as much evidence to suggest that bugs are sentient as we do to suggest that embryos are sentient. Let's not talk about the "soul" because that isn't empirical. Find me hard data that human embryos have souls, and I'll write every congressman I know to stop embryonic stem cell research. Until then, the possibility that embryonic stem cells can be used to cure illnesses is far outweighed by the much more remote possibility that they are somehow more valuable than the stuff in my yogurt. If people want to keep their own embryos safe from harm, then that's fine for them. But don't prevent people who want to use embryos for research from doing so.

(If possible, I'd like Elizabeth to weigh in on this, since she has far more experience in both zoology and working in a laboratory than I will ever have.)

May 25, 2005

Ayotte v. Planned Parenthood

Success! Apparently, the case Ayotte v. Planned Parenthood was not a New Hampshire Supreme Court decision, but a First Circuit Court decision. The case from the circuit court is called Planned Parenthood, et al. v. Heed (04-1161) and was decided by the First Circuit Court Nov. 24, 2004. When the case started, Peter Heed was the Attorney General of New Hampshire, but since then, Ayotte has become the new Attorney General, and thus, the new respondent (remember that when a case is appealed, the terms flip; the respondent becomes the petitioner, and vice versa).

Some background of the case, in terms of New Hampshire law:

In June 2003, the New Hampshire legislature passed "AN ACT requiring parental notification before abortions may be performed on unemancipated minors," which states that:

No abortion shall be performed upon an unemancipated minor or upon a female for whom a guardian or conservator has been appointed pursuant to RSA 464-A because of a finding of incompetency, until at least 48 hours after written notice of the pending abortion has been delivered in the manner specified in paragraphs II and III.

RSA 132:25, I. (2) Paragraph II specifies that "written notice shall be addressed to the parent at the usual place of abode of the parent and delivered personally to the parent by the physician or an agent." RSA 132:25, II. Paragraph III allows for notification by certified mail with return receipt requested and with restricted delivery to the addressee. RSA 132:25, III.

The notice requirement is waived if

(a) The attending abortion provider certifies in the pregnant minor's medical record that the abortion is necessary to prevent the minor's death and there is insufficient time to provide required notice; or

(b) The person or persons who are entitled to notice certify in writing that they have been notified.

RSA 132:26, I.

If a minor does not want her parent or guardian notified, she may request a state judge, after a hearing, to "authorize an abortion provider to perform the abortion if said judge determines that the pregnant minor is mature and capable of giving informed consent to the proposed abortion," or if the judge determines that "the performance of an abortion upon her without notification of her parent, guardian, or conservator would be in her best interests." RSA 132:26, II. In these proceedings, the pregnant minor may act on her own behalf or be appointed a guardian ad litem, and she must also be advised that she has a right to request court-appointed counsel. RSA 132:26, II (a). The court proceedings "shall be confidential and shall be given such precedence over other pending matters so that the court may reach a decision promptly and without delay so as to serve the best interest of the pregnant minor." RSA 132:26, II (b). Specifically, "[i]n no case shall the court fail to rule within 7 calendar days from the time the petition is filed." RSA 132:26, II (b). The judge must also "make in writing specific factual findings and legal conclusions," and order a record of the evidence to be maintained. RSA 132:26, II (b).

If the minor's petition is denied, an "expedited confidential appeal shall be available," and the appellate court must rule within seven calendar days of the docketing of the appeal. Access to the trial and appellate courts for the purposes of these petitions "shall be afforded such a pregnant minor 24 hours a day, 7 days a week." RSA 132:26, II (c).

Violation of the Act can result in criminal penalties and civil liability:

Performance of an abortion in violation of this subdivision shall be a misdemeanor and shall be grounds for a civil action by a person wrongfully denied notification. A person shall not be held liable under this section if the person establishes by written evidence that the person relied upon evidence sufficient to convince a careful and prudent person that the representations of the pregnant minor regarding information necessary to comply with this section are bona fide and true, or if the person has attempted by reasonable diligence to deliver notice, but has been unable to do so.

The U.S. District Court for the District of New Hampshire found the statute to be unconstitutional and issued an order (an injunction) enjoining (preventing the enforcement of) the statute.

At issue is whether or not the New Hampshire law is "facially invalid," meaning that the law is patently invalid as written. The New Hampshire Attorney General argued that the standard of facial invalidity, as set forth in United States v. Salerno, 481 U.S. 739 (1987), should be used. Such a standard requires that the plaintiffs prove that "no set of circumstances exists under which the Act would be valid." That's a pretty tough order for Planned Parenthood to fill, and the Circuit Court wasn't going to buy it.

Instead, the Circuit Court suggested that the standard in the case should be Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992), in which the U.S. Supreme Court concluded "that a law which 'has the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus' places an unconstitutional 'undue burden' on the exercise of her right to choose abortion." In much the same way that a "chilling effect" of the possibility of censorship places an undue burden on the exercise of First Amendment rights, laws which try to prevent abortion by making the process difficult also place a "chilling effect" on abortion (this is only an analogy, kids; they're not one and the same issue). If the process of getting an abortion is difficult an time-consuming, fewer people who would have wanted abortions will not get them because of administrative obstacles put in place specifically to discourage people from having abortions, not for a "compelling government interest" (for more analogy regarding laws put in place to discourage particular activity, not to further a compelling government interest, see Church of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993), where the city of Hialeah, Florida tried to enact laws specifically to discourage the practice of the Santeria religion). But where were we? Oh, yes: the Circuit Court suggested that facial invalidity should be determined by Casey because, in that case, the court determined that "an abortion regulation is facially invalid if 'in a large fraction of cases in which [the regulation] is relevant, it will operate as a substantial obstacle to a woman's choice to undergo an abortion,' thus imposing an 'undue burden.'"

Additionally, the New Hampshire law makes no exception for abortion in order to save the mother's life, something that the Supreme Court mandated for all abortion laws in Stenberg v. Carhart, 530 U.S. 914 (2000). In this case, the Court objects to a parental consent requirement which makes no provision for the health of the mother, since "[a] health exception is as requisite in statutory or regulatory provisions affecting only minors' access to abortion as it is in regulations concerning adult women." The Attorney General argued that there is an implied provision for the health of the mother, but the Circuit Court observed, "Even if these statutes could be cobbled together to preclude all civil and criminal liability for medical personnel who violate the Act's notice requirements in order to preserve a minor's health, we would not view them as equivalent to the constitutionally required health exception." The Court later echoed the words of Dr. Wayne Golder (who testified that "physicians cannot predict with adequate precision what course medical complications will take, and thus cannot always determine whether death will occur within [the 48-hour window]"), observing that "the Act forces doctors to think about criminal prosecution at a time when we need to be concentrating on doing what is best for our patients, thus creating unnecessary risk to patients' health and lives." Thus the Circuit Court declared the statute facially unconstitutional, per the requirement in Stenberg.

The Supreme Court has had a nasty and devisive history on abortion. In almost every instance that this court has dealt with abortion, it's been a plurality decision. It is unknown whether Rehnquist will be around to hear this case, and if the Court ends with a tie, then the lower court ruling stands. No doubt Scalia and Thomas will want to frame this as an issue of "no one has a right to abortion," as Scalia and Rehnquist have in the past.

May 24, 2005

Roe v. Wade, the next generation

Yesterday, the Supreme Court agreed to hear a case from New Hampshire regarding a state law about parental consent for abortion. This is sure to be a devisive issue for the pro-choice and pro-life camps, who have been at odds since Roe v. Wade, 410 U.S. 113 (1973).

The case

The case is called Ayotte v. Planned Parenthood (04-1144). Ayotte is the Attorney General of the state of New Hampshire and Planned Parenthood in this case is the northern New England branch of the national reproductive rights organization Planned Parenthood. New Hampshire law requires parents of minors (those under the age of 18) to be notified in person or by mail at least 48 hours before an abortion can be performed. Lower courts declared the law unconstitutional because it did not make an exception for medical emergencies.

Some problems

The Christian Post reports that it is interesting for the Supreme Court to take on this case, given its recent history of abortion cases:

In 2000, the Supreme Court ruled against Nebraska's ban on partial-birth abortions, saying that the ban hindered women's abortion rights. The court also ruled that abortion laws must include an exception for instances when a mother’s health is at risk.

Since 2000, the Supreme Court has declined to review several cases regarding abortion, including an appeal to re-establish a parental notification law in Idaho and a challenge to the ruling of Roe v. Wade by the woman who was "Jane Roe."

Perhaps the uniqueness of this case stems from its singular attribute of having to do not with the legality of abortions themselves, but the necessity for exceptions in the event an abortion must be performed to save the life of the mother (even though former U.S. Surgeon General C. Everett Koop has said before that he can't think of an instance when it would be necessary to perform an abortion to save the mother's life. "In my thirty-six years of pediatric surgery, I have never known of one instance where the child had to be aborted to save the mother's life," he has said).

At the time I wrote this article, it was difficult to find any primary sources for this case online. Therefore, here's a list of things I did find (analyses of the briefs coming later):

Amicus brief from the ACLU

May 18, 2005

No Child Left Behind 3: The Left Behindnining

In a recent article on military recruiting in public schools, it was pointed out that a requirement of the NCLB act or the "Complicate an already complicated problem to the point of no return Act" is that schools receiving federal funding must make their students known and accessible to recruiters. Congratulations US military, you've now joined professional sports. Why is it that high schools and colleges have football and basketball teams? To promote unity and team whatever? No. Because the NBA and NFL are too cheap to set up proper developmental leagues. Why do many colleges not have baseball teams? Because MLB has already set up a minor league system where players may be drafted directly out of high school and get paid (albeit not very much) to develop. So for many high school athletes, football and basketball give them access to scholarships, and a way in to otherwise inaccessible universities. But what of those students not quite athletic enough, or smart enough to get other types of scholarships? Enter the US Army (Marines/Navy/everybody else). For a scant couple of years enlistment, you too can earn up to $40,000 for college! Doesn't that sound great. Of course there is some fine print (this is the army you may get to travel but most likely only to meet the opposing army and kill them but you dont care youre an army of one so join up and well send you to school or quite possibly that big war thats going on over there). But you're so excited by the possibility of getting money for college you completely ignore the fact that

  1. We're at war
  2. The army fights wars
  3. You're joining the army
  4. The money for college comes most likely after you serve in the war
  5. People die at war

But ignoring those facts, the army is a great way to get scholarships. And Ohio State spends so much money on their football stadium to promote "unity." Suuuuuuuuuuuure I'm well aware that the GI Bill brings an oppurtunity to people who otherwise might not be able to get such chances, but ... it's important to me to point out that dying is a distinct possibility.

May 16, 2005

Swimming Babies

NO CHILD LEFT BEHIND PART DEUX

I apologize for shouting. Attention parents who lauded the NCLB Act. We in Congress have enacted a second amendment to this act. You see the teacher's unions weaseled their way into our pockets and so we've decided to tack on a second set of criteria. If your child is doing poorly in a class, the teacher will be disciplined. But from now on, so will you. If your child is failing math, clearly the teacher is not doing enough to reach your child. But this also shows that you have made your child difficult to reach. So instead of blaming the teacher and only the teacher (and of course we dare not blame the child) we'll blame you as well. If your child is failing one class, your property taxes will increase by one percent. 2 classes nets a 2 percent raise. And so on. This is to offset the extra time and effort expended by our schools to reach your child. If you would only spend a little more time with them, help them study, teach them to pay a little more attention in class. For you see, not all of our failing grades come from poor teaching. Your son/daughter happens to spend most of their time in class reading a magazine, listening to headphones, sleeping or playing a portable gaming system. Thusly we've decided to share the extra burden that they're placing on our schools with you. Our school budgets are tight enough as it is without your lump of clay hanging around. Oh sure, when they get to college you'll be fine, free ride for them in some sport or other, or else they'll drop out and go into porno, either way you'll be getting paid back the debt they accrue while failing basic english. Perhaps, and this is just a thought, instead of saying that all bad grades come from bad teaching you could quit using the school as a babysitter and do some goddamn parenting! We could drop sex education from our curriculum if you could promise to have a talk with your children that involves neither birds nor bees (unless of course you're freaky like that). Then you won't have to worry whether or not we're teaching abstinence only education (which works great, explaining why so many high school kids believe that oral is not a form of "real sex" and totally safe ... for sure). NCLB II is sure to turn a few heads. What about children with learning disabilities you may ask? Well I'm not here to mock anyone, but I'm sure your son or daughter will have no trouble paying attention at McDonald's/Hooters, where they'll have to work a few doubles to pay you back the bills they rack up while failing basic geography. A big part of No Child Left Behind claims that minority students often suffered the most in their schooling. Speaking on a grand scale, minority students are more likely to grow up in poverty than their white counterparts, and there parents are likely more concerned with getting food on the table than with their child's grade in math. Thusly the money collected will follow state welfare guidelines. If you're below the poverty level you will receive money to ease your burden allowing you to spend more time with your children. Yes, this is unfair. But screw you. You wanted accountability did you not? Then sell your damn SUV, get a car with some decent gas mileage (you Hummer/Rover fucks) hell, get a truck with decent gas mileage and save some damn money. Then you'll be able to work less, pay attention to your kids and .. you know, be a parent. You brought them here, they're your responsibility not ours. Do this and we won't cut out your goddamn eyes.

May 15, 2005

The end of 'Enterprise'

Good riddance. This past Tuesday, Enterprise, the bastard child of oft-villified Star Trek executive producer and once-great Trek writer Brannon Braga, went off the air. Enterprise left me with a sour taste in my mouth -- like rancid onions -- since the first episode. Here was my initial reaction when Enterprise debuted a few weeks into my freshman year in college:

Let's talk about Scott Bakula again. His character bothers me. He's very gung-ho in that "Fine, I'll be the only one who stands up for what's just!" attitude that all the other Star Trek captains had. The only problem is that the other captains showed a human side; we could see the difficulty it took to arrive at their decisions, and we could appreciate their humanity. Captain What's-His-Name has no humanity that we can see; he's just gung-ho and sometimes comes off as arrogant. When the Shapely Vulcan Female confronts him (go on, pick an occasion, any occasion), she accuses him of being arrogant, and he proceeds to act arrogantly! I can see why the humans of this time period don't like the Vulcans; they're always right! Scott Bakula and all his friends onboard are arrogant, especially that Texan engineer fellow. I don't like him much.

And that lady figured out the Klingon language pretty quickly. For a language that has no relationship whatsoever to any known Earth language, that's impressive. If she's not in the pantheon of Greek gods, then she should be: as the goddess of linguistics or something.

Yes, let's talk about the ship. Looks a lot like an Akira-class up on top, doesn't it? And what's up with all those touchscreens? I thought the producers said this would be mostly dials and switches (of course, I guess this is all part of the adjustment from the 1960s vision of the future with 1960s technology, so now we have to re-think everything). Still, for a ship they claimed was going to be like a submarine, it's pretty roomy and it has all the superfluous lighting of the other ships from past series. If Starfleet were a real entity, I don't think their primary concern would be backlighting the wall for dramatic effect.

And while I'm complaining, remember in Star Trek: Insurrection when Riker calls for the manual control joystick? Was that corny or what? I mean, talk about an attempt to please dumb non-Trekkers. There's a joystick on the navigational console, for crying out loud! And why does Riker have to use the manual control thing? There's a helmsman; I'm sure he's more qualified than Riker to drive the ship.

But back to Enterprise, now. Kids, cover your eyes; it's time for the "grease me up with the antidote scene." Yikes! I'll admit that I laughed and laughed through that entire scene. It really did look like second-rate softcore pornography, and on a Star Trek? I was okay with Rick Berman and the Dominion War, but this really crosses the line. The close-ups of Texan Engineer really weren't necessary, and we didn't need such a visual indication that the quarantine chamber was a little chilly. Yes, even chaos theory agrees with the notion that removing that scene would have absolutely no effect on the rest of the show. Fortunately, I was pleased to see in the third episode (the "psychotropic pollen" episode) there was none of that sort of thing, so I guess they decided that pleasing irate Trekkers was more important than garnering ignorant viewers on UPN.

The characters and plots were uninspired and the show suffered from the same "alien-of-the-week" phenomenon that plagued Voyager in its last years. Enterprise was a feeble attempt to continue an ailing empire, and for what? For the sake of money. Voyager was the flagship production of UPN, the ailing, chintzy United Paramount Network. Enterprise was the only thing keeping the network afloat, and it suffered from a lack of ratings. There were a few die-hard fans, and these fans tried to keep the show going by actually attempting to raise enough money themselves to produce another season, but Berman and Co. said, "No, thank you." Star Trek had been on the air continuously since 1987, when Star Trek: The Next Generation revived the brand. After eighteen years, the quality of the shows went down. Unlike Next Generation, Deep Space Nine, or even Voyager, Enterprise did not go out on top. It was canceled. A fitting ending to a crappy show.

Science fiction writer Orson Scott Card, writing in the Los Angeles Times, does not lament the death of Star Trek. "The original 'Star Trek,' created by Gene Roddenberry, was, with a few exceptions, bad in every way that a science fiction television show could be bad," he writes. "Nimoy was the only charismatic actor in the cast and, ironically, he played the only character not allowed to register emotion." The other spin-off series, says Card, were limited in the same way as the original: "The later spinoffs were much better performed, but the content continued to be stuck in Roddenberry's rut." His hypothesis for its longevity? People had never read good science fiction before. Star Trek was their first taste of science fiction, and like the couple that has their first sexual experiences on their wedding night -- and terrible experiences, at that -- they don't know that science fiction can be better.

I've always liked Star Trek, and Deep Space Nine had writing that was unparalleled. Each week, they tackled some contemporary issue in a new and interesting way, making use of what Darko Suvin called "cognitive displacement" in order to make its audience see the same old issues -- evil being done for good ends, attitudes about homosexuality and racism -- in new lights. Star Trek, the original series, was full of interesting ideas that were executed poorly. Enterprise was full of bad ideas that were executed well. Perhaps, someday, Star Trek will come back, full of new ideas that are executed as well as was done on Next Generation, Deep Space Nine, and (occasionally) Voyager.

On authority

When speaking about politics and political systems, there are two other words which come into play: authority and legitimacy. Authority means “power to enforce obedience” and “the right to command.” The English word comes from the Latin verb augere, “to make grow, originate, promote, increase.” Politicians are invested with the authority – that is, the power – to make people do things that they would otherwise not want to do.

But power comes from somewhere. This is where legitimacy comes into play. Legitimacy comes from the Latin verb legitimare, “to declare to be lawful, to cause to be regarded as lawful.” Legitimacy determines how an agent with authority has that authority. In some instances, legitimacy determines whether or not an agent should have authority. We use the word “illegitimate” to describe a political leader whose authority is in question; if illegitimate, his authority is not lawful.

Political authority means, “Who has the power to tell me what to do?” Political legitimacy means, “How does the person with that power get that power?” Here is a small table of political legitimacy:

  Legitimacy Authority
Monarchy God King
Military dictatorship Force General
Democracy People People
Republic Constitution President
Anarchy No one No one

Some of these are merely examples, of course. And the table above is focused primarily on European and American systems, hence “God,” “King,” and “Constitution.” These could easily be replaced by any number of other words – “Deity” for God, “Chief” for King – but the concepts remain the same. Under a monarchical political system, a single person and his descendants are invested with authority. They are legitimated by God, who has chosen them and only them to be given authority. This only works as part of a larger religious social framework in which the subjects of the king believe that he has authority given to him by God. Under a military dictatorship, a military leader assumes control based on the threat of violence. His ability to inflict violence makes his rule lawful. Under a true democracy, like that practiced by the Athenians, the people[1] are in control of the entire political system. They have the authority and they legitimize it because they are in charge of it. A republic, like the United States, derives its legitimacy from a written document, like the Constitution, and invests authority in a president (although there are others who have political power). Finally, under anarchy, there is no government, therefore no one has authority and no one has any legitimate claim to authority.

Historically, there has been a political trend toward republican governments. It is no coincidence that this trend began during the seventeenth century. The trend toward republican governments follows a trend toward republican epistemology that began in 1450. The invention of the Gutenberg movable-type press allowed the masses who could read to read the Bible on their own. Previously, reading the Bible had been the office of priests, who were the only source of knowledge of the Bible and the only source of interpretations of the Bible. Once lay people could read and interpret Scripture for themselves, there was no longer a need to rely on priests; indeed, the entire hierarchical structure of the Catholic Church was questioned. Knowledge itself had become more open to the masses, as political systems would become more open to the masses.

Knowledge follows rules of authority and legitimacy as political systems do. Authority in the case of knowledge means the ability to say what is true. Legitimacy means the same things it does in politics: how an agent with authority has that authority. Here’s a table of epistemology:

  Legitimacy Authority
Catholic Church God Priests
China Force Communist Party
U.S. Media “Objectivity” Journalists

The Catholic Church has the power to claim what is true because God endorses what the Catholic Church says. Of course, if you don’t believe in God, then this presents a problem for legitimacy: the Church no longer has any. The legitimacy of its authority rests on the same kind of thing that U.S. money does: the “full faith and credit” of Catholics that (1) a God does exist, and (2) the Catholic Church represents exactly God’s opinions about particular human issues. In China, or even the former Soviet Union, the Communist Party’s power to disseminate truth is sanctioned by force: either you like it, or we’ll run you over with a tank. Finally, in the United States, the ability of journalists to disseminate truth is legitimized by their perceived objectivity: what they report must be true, since they wouldn’t lie to us; they’re objective all the time, after all.

It is the authority of epistemology that I really want to talk about. As Gutenberg’s printing press made it easier for anyone to be a disseminator of truth (and harder for an established authority like the Catholic Church to be one), so too has the Internet made it easier for anyone to be a disseminator of truth. History works in cycles, and the group of people that was once full of rebels – the journalists – has now become the authority. A new group of rebels is calling the journalists’ authority into question. They’re bloggers, and like the pamphleteers of seventeenth-century England, they’re out to disseminate truth without anyone giving them permission.

It’s very hard to make a newspaper that large numbers of people will read. It requires a huge investment in equipment to make millions of newspapers. If you wanted to make your own TV show, first you’d need another huge investment in transmission equipment, as well as several thousand dollars for an FCC license. New authorities have been created since 1450. It used to be the king, but now it’s the people with the printing press. They are the new kings, the people that hold the keys to the gates of public discourse. Bloggers today do what English pamphleteers did three hundred years ago: they bypass the gates altogether and sneak in through the back. Blogs are essentially free: for the price of an Internet connection, you have access to the millions of people who have access to the Internet, a virtual public forum. The great thing about virtual forums is that the physical limitations of space, cost, and time, which exist here in the real world, don’t exist in the virtual world. The Internet is composed merely of lots of computer servers hooked to each other. They get data from a few hubs around the world, but by and large, the network’s structure is very decentralized. There is no place that you can call when you want to call the Internet.

The decentralized physical structure of the Internet has led to a decentralized authority structure. Since there is no one in charge of the Internet, there is no one in charge of what is true on the Internet. Anyone can – and does – say anything with impunity, regardless of whether or not it is factual. Truth is another issue. Most “news” websites out there, especially blogs, don’t just deliver news. They deliver facts augmented with the fact-teller’s own opinion.

And so we come to Wikipedia, the Ur form of the democratization of knowledge on the Internet. No one is in charge of Wikipedia except those who contribute to it (Wikipedians?). For the uninitiated, Wikipedia is a collaborative, online encyclopedia with no editors and little oversight. Wikipedia allows users to create encyclopedia entries about anything, and while this is good for the democracy – it gives the people control of knowledge – it is bad for the knowledge itself.

Last November, Robert McHenry, formerly Editor-in-Chief of Encyclopaedia Britannica, criticized Wikipedia on many fronts:

  1. Anyone, irrespective of expertise in or even familiarity with the topic, can submit an article and it will be published.
  2. Anyone, irrespective of expertise in or even familiarity with the topic, can edit that article, and the modifications will stand until further modified.
  3. Some unspecified quasi-Darwinian process will assure that those writings and editings by contributors of greatest expertise will survive; articles will eventually reach a steady state that corresponds to the highest degree of accuracy.

The thrust of McHenry’s problem with Wikipedia was its lack of authority. Anyone can post anything to Wikipedia regardless of whether or not that thing is factually correct. If the information is incorrect, then Wikipedia relies on other users to point that out and correct it. These other users may or may not be authorities on the information they are correcting, so no matter what, there is a high degree of uncertainty that the information is incorrect. McHenry himself sampled a Wikipedia entry about Alexander Hamilton and concluded that, after errors of fact, grammar, and problems with vague language, “the article is what might be expected of a high school student, and at that it would be a C paper at best.” Who is writing Wikipedia articles? High school and college students, some knowledgeable, others not, and few “experts.”

Of course, we can always call into question the “expert” nature of the people who work for real encyclopedias, but they have been accredited as experts by places given the authority to do so. Their expertise is legitimate because it has been sanctioned by an external body; no one has dubbed Wikipedians “experts” in anything, unless they have degrees. Opponents of this idea will suggest that not all people accredited as experts are really experts, and there are some people who can be considered experts who have not been accredited as such. I do not deny the existence of such people, but I posit that there are more experts who have been validated as such and non-experts who have not been validated as experts than there are expert non-experts and non-expert experts. If Harvard were accrediting idiots, then Harvard would lose its reputation and authority. If Stanford medical school let anyone be a doctor, then no one would take Stanford seriously as a medical school and would not want to accept Stanford graduates. In some cases, authority can save lives. That’s why we have medical schools and bodies like the FDA: ostensibly, they know more than we do about what a good doctor is and what safe drugs are.

And so we have come to the democratization and decentralization of the Internet. The Internet’s physical structure is decentralized, and so is its epistemological structure. There are no authorities.

But that statement is false. There are authorities on the Internet, and such advocates for information democracy follow the rules of these authorities, whether they are aware of it or not. One of these authorities is called the World Wide Web Consortium (W3C), a group that creates standards of compliance for Web markup languages. Standards are what make the Internet work. If everyone used a different communication protocol, there would be no Internet. Fortunately, everyone has agreed to use TCP/IP, and thus the Internet works. Such standards assure that when I create an HTML document, it will look the same in all Web browsers (of course, the reality of standards-compliance is that no web browser adheres completely to all W3C standards, and sometimes different versions of the same browser – IE 5 for Mac and IE 6 for Windows – behave differently).

Here’s another example of authorities on the Internet. When I go to Amazon.com to buy a copy of Ann Coulter’s latest book, Amazon asks me for my name and password so that it can establish a secure connection. But what ensures that my connection is really secure? Certainly not just an assurance from Amazon that the connection is secure. I want more than that to make certain that someone doesn’t steal my credit card number and buy copies of Al Franken’s latest book. Another company, VeriSign, certifies that when I am establishing a secure connection to Amazon, the connection is (1) really to Amazon and (2) really secure. If there were no third-party certifying that my connection was secure, I wouldn’t use Amazon for my business.

Wikipedia co-founder Larry Sanger has recognized this problem with authority. Even if Wikipedia contains correct information, says Sanger, it is not perceived as authoritative by the public at large. One of the reasons for the lack of perception of authority is the lack of experts to certify that the information is correct. Wikipedians have balked at the very idea that anyone with credentials should review their work. “Project participants have such a horror of the traditional deference to expertise, this sort of proposal has never been taken very seriously by most Wikipedians leading the project now,” said Sanger. Wikipedia will never be an authority because Wikipedians do not want to involve authority.

Aaron Krowne, writing for Free Software Magazine, wrote a reaction to McHenry’s piece in which he tried to frame the debate in terms of money:

In brief, the goal of FUD [Fear, Uncertainty, and Doubt] is to make money when the free software competition cannot be defeated fairly in the marketplace. This can be done by scaring consumers through wild propaganda, or more recently, confusing courts through more subtle arguments.

Krowne would have us believe that McHenry is part of a larger conspiracy which is actively trying to stop free information from being disseminated. “The Man” doesn’t want “The People” to create their own information. The motivation for this is money: McHenry, a representative of The Man, is afraid that Britannica will lose customers to Wikipedia. But is this argument true? This is not an issue of open information vs. free information, but rather an argument of correct information vs. suspect information. McHenry, an academic, is not pragmatic enough to be concerned with money. As with most academics, McHenry is concerned with the information itself and the information’s integrity. Like a Supreme Court justice making a ruling against homosexuals in Lawrence v. Texas, he is not concerned with actual oppression of information (or people); he is concerned with the integrity of the information (as Scalia was concerned with the integrity of the law – though this is not an endorsement of Scalia’s opinion in that case, which I think was a wrong one).

My cardinal fear in writing this was that it might appear to be an endorsement of tyranny. My constant statements that we need “authority” might lead readers to think that I believe that political authority is best vested in an autocrat. This is not so. In the United States, we invest our leaders with authority to act on our behalf. Ideally, we know in what direction we want the country to go, and we elect leaders who will take us in that direction. The specifics of getting there are not up to us, necessarily. The law is an esoteric institution with its own processes and vocabulary that non-lawyers don’t always understand. Regular people are not experts in the law; therefore, they hire people who are experts to get their agenda done for them. In the United States, of course, this has turned into something nefarious, as lawmakers themselves set the agenda, not the people. The people have become the unwilling servants of politicians who are acting in their own best interests, not the interests of the people that they serve. This does not mean that we should abandon the republic style of governance altogether, for it is the best system for a country of our size, traditions, and institutions. A complete overhaul of the system would be morally wrong for the United States, since it would result in the loss of life and property for a whole lot of people.

My point in writing this was to show that (1) the Internet is not void of authority, and (2) there are instances when authority is good, even necessary. We need it in our politics, because that is the nature of politics. Rousseau said that the first social contract was made when the first farmer fenced off his land to keep his animals in and other animals (and people) out. He surrendered some of his freedoms to an authority who would ensure that his property was protected from encroachment by others. Likewise, when searching for information, we must occasionally submit ourselves to an authority who knows more than we do about the information we’re looking for.

If Michel Foucault were around, he would point out that authorities can misrepresent information for their own agendas. In examining the history of insanity and punishments for insanity, Foucault concluded that the definition of “insane” was not clinical, but determined by whatever was outside societal norms at the time. These norms were determined by authorities who wanted to forward a particular agenda, using their authority for moral evils, not for moral good. Indeed, the very nature of discourse makes it such that whoever is in charge determines what discourse is and what it is not. This is the problem with authority: we must trust it not to become tyranny, although knowing when that has happened can be hard. The only comfort I can offer is that sometimes authority is necessary and sometimes it is not. We may not know whether authorities are lying to us or not, but we usually have a good idea of when authority should be present. And authority should definitely be present when it comes to information. Information may want to be free, but if it is the wrong information, then that freedom is a pointless exercise.

Notes

[1] Under the Athenian system, of course, “people” meant “male citizens.” A citizen was any person who was born in Athens; thus, foreigners were not allowed to be part of Athenian politics.

May 2, 2005

Another intelligent design story

I've written about intelligent design several times before, and I will continue to write about it. As long as people consider intelligent design to be a valid scientific theory, I'll say that it isn't.

Because it's not.

Intelligent design forwards no hypothesis of its own. It merely calls into question natural selection, an existing hypothesis of how the evolutionary mechanism works. (Again, it is not evolution that is in question, here; it is the mechanism.)

Well, that's not entirely true. There are several theories advanced by intelligent designers, but they are not empirical. They use logic and reason to come to some sort of non-empirical, logic-based conclusion about the nature of evolution. But the point of intelligent design is not to come up with an alternative theory to natural selection; it's to publicly de-bunk natural selection. Intelligent design is very much a political front for conservative Christians who object to natural selection. Intelligent design never answers the obvious question "Who is the intelligent designer?" The de facto answer is that it is the Christian God, and everyone nudges and winks, since they all know this to be the case.