Saturday, August 16, 2008

Privacy - or, Why we need a property right to our data

Looks like police are tracking people on almost no probable cause, and the rest of us are losing our privacy and our 4th Amendment protections in the process.

The fastest and easiest way to fix this -- I believe -- would be to establish that you have a property right in data about your location in time and space, with an exception for direct observations. In other words, if I happen to see you in a store or on a sidewalk, that's normal; if I use a GPS bug to track you without authorization, then I'm stealing data about you.

That property right also means you are free to sell your data -- such as to a traffic monitoring system that would rebate part of your subscription in exchange for you feeding the system with info about your driving experience. And the monitoring firm could be barred from reselling that data without your consent, unless it was rendered anonymous. If your stalker ex-boyfriend hacks their system and uses it to track you, he's stealing from both you and them, in addition to being a stalker -- making it much easier to prosecute him.

Police can still track people provided they get a warrant. Warrantless tracking, however, would be forbidden. (Parolees could be tracked at any time without a warrant, just as today the police can search a parolee's home at any time without a warrant -- that's part of the deal when one is released on parole.)

Thursday, August 07, 2008

Thomas Frank hates Republicans, Conservatives, and workplace democracy

Frank is beginning to improve his game here. I look to him for principled criticisms of my side, and this time he's got one - the indifference (or complicity) of the federal Labor Department towards unsafe and illegal working conditions.

That's a legitimate hit, and I thank Mr. Frank for drawing my attention to it. I'll return the favor by pointing to the multiple ways he weakens his own case:

1. Unions in Mexico are so strong - far stronger than in the US - that they stifle Mexican job creation, fueling illegal immigration. In his one-sided praise of all unions everywhere, Frank doesn't acknowledge this.

2. Iowa has a labor department too, and they are much closer to this problem and have a primary responsibility for addressing it - why are they spared criticism? Is it because Iowa has a Democratic governor, and has been ruled by Democrats since 1999? Frank's silence is profound. Perhaps Frank thinks state labor departments should be abolished or subsumed within the federal organization.

3. "Card check" legislation isn't about freeing workers to unionize, it's about subjecting them to workplace intimidation and union-boss thuggery. Frank's mincing steps around this are shameful in anyone with a commitment to respect for liberty and freedom from coercion.

4. Through artful wording, Frank implies that AgriProcessors has only been fined once before - untrue. The Des Moines Register reports that "In the past, Agriprocessors has had potential fines for workplace safety violations reduced substantially through negotiations with Iowa labor officials." Furthermore, "...those cases were handled as administrative matters, not as criminal cases. Any fines imposed as a result of the alleged child-labor violations will be through a court order, since the matter is now being treated as a criminal matter."

So the supposed lax oversight maybe wasn't so lax, and the reductions in fines that Frank so craftily puts in the passive voice, "The fines levied against AgriProcessors, however, were eventually reduced...", were reduced by the DEMOCRATIC administrations Vilsack and Culver.

All in all, Frank's sweeping language and over-broad conclusions are masks for a weak argument where the facts undercut his case. I think he's right about the federal Labor department needing to be more active around workplace safety and child labor law enforcement. He's not right about very much else, and his conclusion, that "conservatism" is the root of his catalog of ills, is unsupported.