Four years ago, when the US gave up its contractual control of the DNS system, I thought it was unwise. My reasoning was simple -- I thought that the US govt had stood as a bulwark against authoritarian influence on the network since it was created and that continued US /1
influence as a protector of network freedom would be a net benefit to the world. Critical to that assessment was my belief that no USG would ever support an effort to severely restrain freedom of expression on the network. There were exceptions to this general rule /2
of course, like the dot xxx fiasco, but as a general proposition I thought it was well-supported.
I was wrong. Today the USG actually moved to control the content that US citizens can put on their phones, purporting to ban WeChat and TikTok. Besides being utterly /3
ineffective, this ban gives the lie to the premise of the US as protector of network liberty. It mirrors, in many relevant respects, the shutdown of internet access in Belarus or the control of content in China. Indeed, by the logic of the USG's actions, every other /4
nation of the world would be justified in banning FB, Twitter, and MSFT Bing, for much the same reason -- that they are subject to governmental control by their "home" nation.
In the fight against authoritarians, we have become them. We now are that which we oppose.
My apologies to those @ICANN whose opinion I disagreed with, for my poor predictive ability. In my defense I can only say that nobody would have predicted Donald Trump.
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A short thread in response to this question from @natalie4_senate
There are lots of ways to answer this question, Natalie. As a matter of law, the Supreme Court has said that DNA can be collected when a person is arrested as part of a regular intake upon booking /1
The case is Maryland v. King. And the state and local privacy laws don't really cover things like law enforcement. So, as with all new tech, the question really is: do you trust the government? Or, more detailed, do we have enough of a system in place to let the government /2
do the things we want it to do (catch serial killers) and prevent it from doing the things we don't want it to do (use DNA to track individuals for, say, political reasons).
My views on that have changed a bit over the years, candidly. I used to have much more confidence in /3
Brief thoughts on the appointment of Jack Smith as Special Counsel:
1) On the merits this was not mandatory but probably the right thing to do. To the extent Biden is headed for another contest against Trump, creating more independence is both a substantive good and a /1
positive perception benefit.
2) That having been said, it won't really help Garland much. Doing the right thing will get him credit from those who expected him to do the right thing. No appointment of any sort can spare Garland or the SC from Trump's wrath and the /2
attack of the MAGA Trumpistas in Congress. This is a classic case of a good deed that will not be rewarded and will probably be punished.
3) I worry that the appointment will, of necessity, slow things down. Even the best lawyer needs time to get up to speed on a big case. /3
This is the best summary I have seen about why the SCT's Dobbs decision is unstable: "The State argues that Dobbs reflects no change in constitutional law “because there was never a federal constitutional right to abortion.” (Defendant’s Response at 2; emphasis in original). /1
Except there was. For50 years. And we know it because the very same Supreme Court told us so. Repeatedly. Those prior pronouncements carried no lesser effect and were entitled to no less deference in Georgia or anywhere else in the Republic than that which we all /2
must afford the Dobbs decision. Dobbs is now the law of the land; this Court and every other court in America are bound to apply it faithfully and completely. Yet Dobbs’ authority flows not from some mystical higher wisdom but instead basic math. The Dobbs majority is not /3
Some thoughts about the Secret Service text message debacle. For context, this is 2022 (not, say 2005) and the USSS is =supposed= to be one of the most sophisticated cyber investigative agencies in the world. With that level of experience and expertise, the failures of /1
the USSS are almost beyond comprehension. Consider:
1) The deletions were apparently part of a message system migration. Who does a migration that is not backward compatible and doesn't preserve existing messages?
2) If you think it is essential to migrate to a new /2
system that doesn't preserve old messages, who doesn't do a system-wide backup before migration?
3) Who, as the USSS apparently did, leaves backup to the discretion of the individual users?
4) The broad factory reset that wiped the data had to have been handled at the /4
Every time a covid-denying anti-vaxxer dies are part of my soul dies as well. In my heart, I know -- I truly know -- what a great tragedy it is. Someone has died, leaving family and friends behind and the death was, for the most part, completely unnecessary. That is a /1
tragedy of the first order. And we can never forget it. And my heart breaks.
But it also breaks because I know, in my soul, that some tiny part of me thinks "you deserved that." It is utterly wrong and inappropriate, but the selfishness that animates anti-vaxing; /2
the sheer childishness and the overt politicization of public health for partisan purposes angers me. It angers me so much that try as I might I cannot at times put it aside.
And that in turn saddens me to no end. Because the anger eats at my heart and soul. I try ... I try /3
So now that the Supreme Court has, effectively, ruled that States may empower private rights of action against Constitutional rights and, if properly structured, thereby evade pre-enforcement judicial review (and thus, allow the in terrorem effect of a possible law suit /1
to deter otherwise protected conduct, what rights are on the block? In liberal states, expect prohibitions on: gun rights (CA is already on in); corporate political contributions; homeschooling; racist or anti-LGBTQ corporate policies; failure to ameliorate climate change; /2
political contributions to voter supression organizations; and organizing protests against school boards or election boards.
In conservative states, let's try keeping "bad" books in school; vaccine mandates in private businesses; anti-religous animus; and teaching CRT. /3