Perhaps you didn’t think it could get worse But in the past six weeks, this vile administration has reached a new low. The decision to wrench 1995 helpless children from the arms of their loving parents and put them in cages is not only inexcusable on moral and humanitarian grounds, it’s also a long-term disaster for the safety and security of the United States. Yes, it puts every American at risk.
Let’s look at both the moral and practical reasons why this must stop.
The Moral Issues
Many figures in this administration have been long-time champions of self-described “family values.” In other words, they say they are in favor of keeping families together, as long as those families are heterosexual. They talk earnestly about the importance of having a child grow up in a home with both parents. Yet, when mothers take their children and flee gang violence, domestic abuse, and other genuine evils, the US incarcerates them at the border and takes their children away. The parents treated like violent criminals. Their children put in cages.
Attorney General Sessions quotes one verse in the Bible to justify this barbarism: a verse that was used in the 19th century to justify the worst aspects of slavery.
Last I checked, the Attorney General is one of the people charged to protect the separation of church and state (as well as freedom of speech AND assembly) enshrined in the First Amendment. But even granting that the Bible can be a moral compass for a sitting Attorney General, Mr. Sessions’s interpretation is highly selective. Consider a few of the other things the Bible says. I’ve posted a whole bunch of them at the end of this blog post—but first, let’s talk about the practical impact.
The Practical Case
As taxpayers and citizens, we should be deeply concerned about what’s being done in our names. The consequences to the US could be deep, severe, and very negative. A few examples:
This policy creates an entire class of enemies—creates potential terrorists
Deliberately adding trauma creates maladjusted human beings: PTSD and other diseases. Any child ripped away from his or her family and put in a cage is going to be hostile to the government that did this. Family members will also be hostile. Taken to the extreme, you create something that looks entirely too much like the Israeli-Palestinian conflict, where hurts lead to rage, rage leads to violence, and violence leads to even more abrogation of rights. Once this cycle of violence gets established, it’s really hard to break (though, of course, lots of people are trying, including my colleague Andrea Ayvazian. Do we really want to create a whole new class of enemies who will feel justified in attacking US-related sites around the world? Hasn’t the US been fighting terrorism as its major foreign policy stance since 2001? This policy could create a whole new generation of terrorists.
Also, do we really want to attempt to repair avoidable psychological damage that prevents people from functioning effectively and finding gainful employment? Many of these folks will end up in the US eventually. By making it harder to function, we turn them into social burdens. Our tax dollars will have to cover the survival mechanisms for those not resilient enough to recover on their own.
It puts the US in violation of international law as well as our own constitution
The path the US is taking is in gross violation of various human rights charters, UN regulations, and our own constitutional requirements for due process. Imagine the consequences to business, for instance, if organizations in other firms because the US is guilty of crimes against humanity. It has happened to other countries and it could happen to us. There should be a massive outcry from business about the risks of this policy.
It positions the US as an unworthy partner for joint projects with other governments and businesses
The US has become a rogue state, blowing away trust on a host of issues, from the Paris Accord to the G7 Agreement. Now, other governments may face pressure from their own constituents not to do business with abusive governments, just as economically and organizationally isolating South Africa forced that country to get rid of apartheid.
A Few More Bible Quotes Mr. Sessions May Want to Study
On the importance of family:
8 Anyone who does not provide for their relatives, and especially for their own household, has denied the faith and is worse than an unbeliever. —1 Timothy 5:8
3Children are a heritage from the LORD, offspring a reward from him.
4Like arrows in the hands of a warrior are children born in one’s youth.
5Blessed is the man whose quiver is full of them. They will not be put to shame when they contend with their opponents in court. —Psalm 127:3-5
15She gets up while it is still night; she provides food for her family and portions for her female servants.
16She considers a field and buys it; out of her earnings she plants a vineyard.
17She sets about her work vigorously; her arms are strong for her tasks. —Proverbs 31:15-17
On immigrants’ place in society
21“Do not mistreat or oppress a foreigner, for you were foreigners in Egypt. —Exodus 22:21
35For I was hungry and you gave me something to eat, I was thirsty and you gave me something to drink, I was a stranger and you invited me in, —Matthew 25:35
32but no stranger had to spend the night in the street, for my door was always open to the traveler —Job 31:32
35“ ‘If any of your fellow Israelites become poor and are unable to support themselves among you, help them as you would a foreigner and stranger, so they can continue to live among you. —Leviticus 25:35
A remarkable document came out of the G7 summit. It’s a blueprint for creating a just, fair, and environmentally viable world. Leaders of the world’s most powerful industrial economies are coming together in unity and releasing a document that I agree with almost all of. Among other things, the G7 Charlevoix Declaration:
Affirms the rights of minorities (including indigenous people) and women
Positively addresses the conflict between Israel and Palestine, tension around Korea and Iran, Russian power grabs, and even the misery inflicted by Daesh (a/k/a the Islamic State)
Calls for worker protections
Promotes sustainable and democratic health care, economic growth, and even tax structures that benefit all
Has strong language urging protection of the earth and its resources
With nearly 50 years as an activist, I find it utterly amazing that the “Leaders of the Free World” can agree on a document of such scope. We could actually call it revolutionary. The leaders of nations–and, in other forums, many leaders of major corporations–are agreeing to a manifesto of people’s and planetary rights. I’m not really used to having them on my side.
This photo released by the German government sums up the US president’s attitude.
And of course, the fly in the ointment was the disgraceful behavior of the “world leader” who happens to be in charge of my own country right now. The barrage of in-person pouts and Twitter nastygrams including repudiating the statement he signed make me embarrassed once again that this cruel, mean-spirited, and incompetent person supposedly represents me. Sigh!
Andrew Johnson impeachment trial, 1860s (via Wikipedia)
I’ve got a few to add to his list.
Let’s not forget that the GOP considered lying an impeachable offense and stated proceedings against Bill Clinton on those grounds. DT lies constantly. It’s one thing he’s consistent about. The Washington Post documented more than 2000 in his first year in office.
Then there’s slander and libel, other things he’s consistent about. Every time he called one of his opponents adjectives like “Lyin'” or “Crooked,” that is actionable—slander if spoken, libel if written. Every time he smears entire classes of people, from those with disabilities to Mexicans to Muslims to, most recently, people from Haiti and Africa, he commits defamation anew.
There’s his open racism and discrimination against many protected groups, which is a violation of the oath he took to uphold laws that include the Americans with Disabilities Act and the various civil rights and free association laws. This has been a hallmark of his entire public career, and even earlier when he first went to work for his father—a man so known for his discriminatory renting policies that Fred T.’s tenant Woody Guthrie wrote songs condemning his landlord’s racism.
And then there’s the general question of DT competence, and whether we need to work a removal under the 25th Amendment (probably a good deal easier than impeachment). I consider him a sociopath and I worry that he and North Korea’s equally sociopathic Kim will get into a nuclear pissing contest. Oh yes, and the irregularities around voter disenfranchisement and ballot counting probably contain the seeds of impeachable offenses too.
Of course, I recognize the near-impossibility of winning a vote to impeach when both houses are controlled by people willing to accept the devil if the devil is a Republican. And I agree the prospect of a Pence presidency is scary. He’s smarter, far more stable, and well to the right of DT, plus he understands the game of politics.
But these are NOT reasons not to go forward. There comes a time when you have to say, “this behavior is unacceptable.” Otherwise we are a 3rd-rate banana republic with a strongman dictator—and the laughingstock/”scaringstock” of the world.
We said it to Nixon, who was far less appalling (and we got him out). We should have said it to George W. when he started a war against people who were not our enemy and destabilized the entire Middle East while also waging war on the freedom of Americans at home. We said it to Clinton for lying about his relationship with Monica, which had no impact on policy and just reinforced that he’s not a great human being.
I also believe that if DT is impeached, Pence will have limited ability to do harm. Among several possible scenarios:
Pence will go down with DT because DT takes him down
Pence will be implicated by others and not take power
He will assume the presidency but be seen as “damaged goods” and a lightweight, a short-term straw man like Gerald Ford, not worth giving much attention to
Pence will be much more circumspect, recognizing that his power has limits. A far worse scenario would be Pence becoming president after DT dies in office, and then he would not be in any way limited by the fate of his predecessor.
Finally, impeachment allows the Dems to differentiate themselves, which they’re not very good at outside the Northeast and Left Coast. By moving impeachment forward, quixotic though that is while the GOP has their majority, they take a stand in favor of decency, in favor of inclusivity, in favor of good government, and against corruption, “otherism,” crony politics, and all the rest—all of which can become campaign issues both this year and in 2020.
In other words, though it will fail in 2018, the impeachment attempt is an opportunity for the Democrats to show themselves as a party of principle, as a party willing to take risks, and as something considerably different from today’s Republican Party (a party that Lincoln, Theodore Roosevelt, Eisenhower, and even Reagan would not be welcome in today).
Needless to say, these kinds of behavior cause a great deal of skepticism about the virtue of supporting Democrats. Thus, mainstream Dems have to do something to win back the youth vote, the progressive vote, and those who just plain don’t like corruption and were left with no candidate they could support in November, 2016.
When Nancy Pelosi and Steny Hoyer say impeachment is not an option to pursue, the implicit messages to these folks include “Democrats are like Republicans but with but a nice veneer of soft fur so it won’t hurt quite so much”, “Blatant corruption and lawbreaking are OK with me”, and “the Democratic Party doesn’t really stand for the ideals on which this country was founded and will do nothing to protect them.” And the youth, the progressives, and those who believe in good government will once again stay home, and this vile creature will (perhaps honestly this time) win a second term.
Read this brief article. Then come back and let’s talk about it. This tab will still be open in your browser.
I found it a fascinating yet quick deep-dive into the liberal versus conservative mindset. Sharing this article on Facebook (where I happened to see it), Nathan Mackenzie Brown,founder of Really American commented,
A must read if you care about politics. FYI, it’s also very short.
My take away from this is, if you are liberal, don’t fear monger, even about Trump.
The authors’ central point is that when we feel personally secure, we tilt more liberal, and when we feel, threatened we lurch rightward. Not exactly rocket science, I know. But what they bring to the table is the idea that if we address the security concerns, the political tilt is actually reversible.
This is something that DT innately understands—the power of fear. He built his base by demonizing various Others. My capitalized O is intentional; I’m talking about whole groups and classes of people (Mexicans, Muslims, the press, etc..
It’s very rare to run a successful US national campaign rooted in fear. Reagan (“morning in America”) and Obama (“hope” and “change”) both won on optimism. Laughable as it seemed at the time and even more so in retrospect, Bush II ran as a “compassionate conservative.” Even Nixon ran on his “secret plan to end the war.”
But DT mixed a very pessimistic worldview, based largely in “they’re out to get us” with a soaringly optimistic slogan (MAGA). His opponent was a centrist with close ties to the groups DT was calling out.
Hillary Clinton also failed to consistently express strong political views, and tried to harness competing slogans at cross purposes: the wimpy and ineffectual “I’m with her” and the arrogant “it’s her turn”/”it’s our turn” both reinforcing the perception that she was an in-group, establishment figure out of touch with the public, while “stronger together” was somewhat optimistic but not really rooted in vision, and seemed a reaction to DT’s divisiveness.
George Lakoff and others have written that conservative politics are often rooted in an authoritarian-father mindset, while liberals are the products of permissive-parenting thinking. I have a number of issues with Lakoff’s approach, though I see much truth in it.
Left and Right come together at libertarian AND authoritarian (copyright 2018, Shel Horowitz, all rights reserved)
But let me add one of my own long-held theories: Beyond the Left-Right axis, we have to look at another set of operating principles: where someone stands on freedom vs. control. So at the top end of this graphic (which is copyright 2018 by Shel Horowitz, as is the entire post—please contact me if you’d like to reprint), progressive environmentalists and Tea Partiers concerned about wasteful government spending join together in the Green Scissors coalition.
At the bottom end, I don’t see a lot of difference between communists and fascists other than their idea of who should control the means of production. They are both totally willing to rough up or even (historically) mass-murder their opponents, seize or maintain power by force of arms, and crush dissent. Was Hitler really so different from Stalin?
Let’s get some good discussion going on this. Comment below.
Guest post from former Florida Congressman Alan Grayson. This originally ran in his email newsletter. I’m including all his original links and reprinting with his permission. I especially love this quote: “if you are a useless lout who has done nothing good for The People, but you still aspire to public office, then negative ads really are your only alternative.”
My son is doing a science experiment on politics and negative advertising. And the results are in. But first, a few words on negative ads.
They are pervasive. Back in 2012, virtually every dollar that the national parties spent on Congressional campaigns was spent on negative advertising. (Expenditures for and against candidates are reported to the FEC separately, so you can look it up.) It’s gotten a little better since then, but more than 90% of party and PAC advertising remains negative.
Belief in negative advertising is also pervasive. I can’t think of a single political leader or political consultant who would tell you that “positives” are more effective than “negatives.” We had an interesting example of this a few months ago. When GOP Senate Leader Mitch McConnell tried to elevate Luther Strange above Roy Moore and Mo Brooks in the Alabama Senate GOP Primary, he didn’t say anything good about Strange (apparently, a hopeless task). Instead, McConnell dumped $7 million of party money going negative on Moore and Brooks, which backfired when Moore got the GOP nomination. (And the rest . . . is history.)
Which proves that if you are a useless lout who has done nothing good for The People, but you still aspire to public office, then negative ads really are your only alternative.
So anyway, my son Stone, a 7th grader, came up with the idea that for his science project, he would try to measure the effectiveness of positive and negative ads. (He really came up with this himself. Smart kid.)
He created four positive ad posters for candidate Johnson, with suitable imagery:
JOHNSON FOR CLEAN AIR AND WATER!
JOHNSON STANDS FOR EQUALITY!
JOHNSON WILL IMPROVE EDUCATION!
JOHNSON WILL RAISE YOUR SALARY!
Each ended with the tag line “Vote for Johnson.”
Then he came up with four negative ad posters for Johnson’s opponent, Smith. They read this way:
JOHNSON IS A CROOK!
JOHNSON WILL RUIN THE ECONOMY!
JOHNSON WILL RAISE TAXES!
And the inevitable:
JOHNSON IS A COMMIE! (featuring a picture of Marx, Lenin and Mao).
Each ended with the tag line “Vote for Smith.”
So the 7th graders saw the posters, and voted as follows:
Johnson 19
Smith 12
When my son told me the results, I felt an enormous sense of relief. I really wanted Johnson to win, and not just because he’s a Commie. No, I wanted Johnson to win because his positive ads are an effort to convey to the voters the enormous power that we all have. What power? The power to make the world a better place, by making better rules for everyone.
That’s why I do it, anyway.
You can look at these results and feel a renewed faith in humanity. Or if not all humanity, at least seventh-graders.
Under the guise of protecting small business from frivolous lawsuits, the House of Representatives just gutted the Americans With Disabilities Act—a major piece of civil rights legislation signed by George H.W. Bush. I have to say, I’m on a LOT of small business discussion boards, and I haven’t heard any business owners screaming about hardship. Small businesses in pre-ADA buildings are exempt unless they do major renovations.
One way to rethink transportation for wheelchair users
It’s up to us to make sure the Senate doesn’t follow along. Contact your Senators and let them know this is a vote where you will hold them accountable. And if your Rep was one who voted Aye, give them a piece of your mind too.
Of course, we’ll be tempted to argue on the basis of compassion. But remember who we’re dealing with here. These people have a long history of NOT acting out of compassion, often of doing the opposite. So compassion arguments “ain’t gonna cut it.” We have to get to them on the things they will listen to: costs to taxpayers, personal hardship to them, and of course, voting and campaigning for and donating to their opponents.
Don’t Waste My Tax Dollars: How dare you make it harder for productive citizens to work, just because they have disabilities. If you think I want my tax dollars squandered on welfare payments to people who could have had a job until you made it impossible to get to work, you’d better think again.
Don’t Hurt the Economy by Hurting Disabled People: For new construction, it’s really easy to design in ADA compliance from the ground up. By allowing builders to take shortcuts because you took away the teeth of this legislation, you’re encouraging them to stop designing in ramps and wider doorways, setting aside parking, making elevators disabled-friendly, etc have you noticed how many people with disabilities who in pre-ADA days had to sit home and be a burden have gone on to start job-creating companies making our economy better (like the personal-transportation vehicle for wheelchair users in the photo—designed by a wheelchair-using Texas woman)? There’s even an organization of disabled business owners that was named one of President George H.W. Bush’s 1000 Points of Light. Do you really want the blame for squashing that on your shoulders?
Protect Our Veterans: Do you realize that veterans have much higher disability rates than the general population (due to war wounds), and that many have a hard time finding work and frequently start their own businesses? Thus, many of these job creators are veterans.You are hurting the people who served our country and defended our freedom.
Pointless Government Meddling: The ADA has been around since 1990. Most public buildings are already accessible. This is bringing in the government to break a system that’s working just fine right now, and that has enabled millions of people to be productive members of society. And if buildings are allowed to come online without meeting current ADA code, it will be expensive to retrofit them later, when (not if) this weakening of the law is repealed.
Personal Inconvenience to the Senator (this one takes a wee bit of research): I noticed that [name a family member of theirs with a disability] uses a wheelchair [cane, walker, seeing-eye dog, whatever]. Do you really want to be called away from important Senate business every time [name]has to go to the bank? How do you think I’m going to feel as a [business owner, manager, productive employee supporting my family] if I have to leave work to help my Aunt Mary do things she could have done for herself until you put obstacles in her way? And what’s going to happen to you, 20 years from now, when you may not be able-bodied yourself?
Vote No or You’ll Organize to Defeat the Senator During the Next Election: Don’t just pledge to vote for your Senator’s opponent. Say you’ll be willing to campaign and fundraise for someone who understands that disability rights are important. If you’ve voted, donated, or volunteered for your Senator in the past, be sure to let them know.
The latest nonsense emanating from the keyboard of Our Shameless Tweeter
DT’s Tweet on Democrats failing to pass gun control
is a good chance to parse out what he really means when he says or posts something. I’ve watched what he does pretty closely for the past 2+ years, and I’ve spotted some patterns worth sharing. Let’s start with five that show up in this Tweet:
He blames his failure to act on others
He deflects by bringing in unrelated issues (DACA, this time)
When he creates a mess, he blames others—and almost never accepts responsibility or offers a meaningful apology (DACA wasn’t a problem until HE yanked the rug out from under those kids—and oh yeah, it was none other than DT who revoked the Obama restrictions on people with mental illness acquiring guns))
If he feels criticized, he defaults to bullying or name-calling
He sees anything connected to Obama as hopelessly tainted
And plenty of others:
He takes credit when others accomplish something
He attacks randomly at the first whiff of criticism—lashing out even at those who’d thought of him as a friend or ally—and his wrath extends both to individuals and entire populations (women, people with disabilities, Mexicans, Muslims…)
Having lived his entire life in extreme monetary privilege, he has zero understanding of the hardships people at the bottom of the ladder endure, and zero empathy for those who endure them
He loves to waste taxpayer money on grandiose, useless (or even harmful) projects like the border wall , the politically suicidal move of the US Embassy in Israel to Jerusalem, or the massive military parade he demanded recently
Driven by Id, he acts impulsively, often in direct opposition to the few of his advisors willing to risk giving him honest advice—and doesn’t mind risking a war or other extreme negative outcomes in the international arena
He acts in a vacuum, without studying trusted journalistic sources or even reading intelligence briefs
He appoints people with little or no relevant experience and charges them with destroying the agencies they are supposed to run
He shows no understanding of checks and balances, freedom of the press, the reasons why government officials aren’t allowed to take money from foreign governments, or of constitutional law generally; he seems to think he should have absolute power and that he can use the presidency to enrich his personal fortune
Last in THIS list but certainly not least, he has been accused by at least 20 women, including his first wife, of being a sexual predator (this doesn’t count the many consensual encounters, including the recent disclosures involving Stormy Daniels and other porn stars)—and acknowledged his predatory behavior in the infamous Access Hollywood video
In short, the man has a disgraceful personal reputation as a serial liar, molester, and fraud—before we even look at his terrible handling of domestic and foreign issues as president.
Will someone please write a guide for me now? Please explain how this backstabbing, hypocritical incompetent cheater can still find people who thinks he is doing a good job.
“The Post” lives up to the hype. It takes a very cerebral story and builds it into high drama, spurred by strong performances from Meryl Streep as publisher Katharine Graham) and Tom Hanks (editor Ben Bradlee).
The overall message, about the power of the free press, and the need for the press to defend its Fist Amendment freedom, despite the whims of a paranoid and dictatorial president (Nixon, in this case—a different example today).
It tracks Daniel Ellsberg’s smuggling out massive quantities of classified documents from the Rand Corporation, where he worked, and releasing them first to the New York Times, and then to the Washington Post. The movie also dramatizes the frenetic effort throughout the newsroom to absorb the information and turn it into stories on very tight deadlines, not even knowing if the presses would run, while the Times suffered under the first pre-publication censorship of journalism in the history of the United States. Known as “The Pentagon Papers,” these documents proved that US high officials knew by the early 1960s that the war was unwinnable, and that presidents Eisenhower, Kennedy, Johnson, and Nixon all lied to the American people about it.
And it covers the legal battle: the government’s attempt to shut them down and the papers going all the way to the Supreme Court to secure their rights. The timing of these events happened to threaten The Post’s long-awaited IPO, which adds to the drama and the sense of what’s at stake for Graham, Bradlee, and their journalists.
BTW, just as the movie gives lessons on how to survive a paranoid, media-hating president facing serious doubts about his honesty, the Nixon link above focuses on some very interesting parallels between his presidency and that of the current occupant of 1600 Pennsylvania Avenue, Washington, DC. However, let’s remember the differences. Nixon had a very impressive record on the environment—I describe him as the president with America’s second-most environmentalist track record (behind Obama but ahead of both Jimmy Carter and Teddy Roosevelt) also, despite the Vietnam war, did much to break down the barriers between the US and both the Soviet Union and China.
Thank you, Commissioners Mignon Clyburn and Jessica Rosenworcel for speaking truth to power. Since this is published on the FCC website, Clyburn’s is an official federal document, and thus automatically in the public domain. Please reprint widely. Rosenworcel’s may be as well, but I found it on CNET so am linking, not reprinting.
Note: I met Commissioner Clyburn several years ago when she addressed a National Conference on Media Reform. I was impressed with her as a speaker Now I am impressed with her as a writer, too.
DISSENTING STATEMENT OF COMMISSIONER MIGNON CLYBURN Re: Destroying Internet Freedom, WC Docket No. 17-108
Dissenting FCC Commissioner Mignon Clyburn in 2014 (courtesy Wikipedia)
“I dissent. I dissent from this fiercely spun, legally lightweight, consumer-harming, corporate-enabling Destroying Internet Freedom Order.
“I dissent, because I am among the millions who is outraged. Outraged, because the FCC pulls its own teeth, abdicating responsibility to protect the nation’s broadband consumers. Why are we witnessing such an unprecedented groundswell of public support, for keeping the 2015 net neutrality protections in place? Because the public can plainly see, that a soon-to-be-toothless FCC is handing the keys to the internet — the internet, one of the most remarkable, empowering, enabling inventions of our lifetime — over to a handful of multibillion dollar corporations. And if past is prologue, those very same broadband internet service providers, that the majority says you should trust to do right by you, will put profits and shareholder returns above what is best for you.
“Each of us raised our right hands when we were sworn in as FCC Commissioners, took an oath and promised to uphold our duties and responsibilities ‘to make available, so far as possible, to all the people of the United States, without discrimination… a rapid, efficient, nationwide and worldwide wire and radio communication service with adequate facilities at reasonable charges.’ Today the FCC majority officially abandons that pledge and millions have taken note.
“I do not believe that there are any FCC or Congressional offices immune to the deluge of consumer outcry. We are even hearing about state and local offices fielding calls and what is always newsworthy is that at last count, five Republican Members of Congress went on the record in calling for a halt of today’s vote. Why such a bipartisan outcry? Because the large majority of Americans are in favor of keeping strong net neutrality rules in place. The sad thing about this commentary, it pains me to say, is what I can only describe as the new norm at the FCC: a majority that is ignoring the will of the people. A majority that will stand idly by while the people they serve lose.
“We have heard story after story of what net neutrality means to consumers and small businesses from places as diverse as Los Angeles’ Skid Row and Marietta, Ohio. I hold in my hand letters that plead with the FCC to keep our net neutrality rules in place but what is striking and in keeping with the new norm, despite the millions of comments, letters and calls received, this Order cites not even one. That speaks volumes about the direction the FCC is heading. That speaks volumes about just who is being heard.
“Sole proprietors, whose entire business model, depends on an open internet, are worried that the absence of clear and enforceable net neutrality protections will result in higher costs and fewer benefits because you see: they are not able to pay tolls for premium access. Even large online businesses have weighed in, expressing concern about being subject to added charges as they simply try to reach their own customers. Engineers have submitted comments including many of the internet’s pioneers, sharing with the FCC majority, the fundamentals of how the internet works because from where they sit, there is no way that an item like this would ever see the light of day, if the majority understood the platform some of them helped to create.
“I have heard from innovators, worried that we are standing up a mother-may-I regime, where the broadband provider becomes arbiter of acceptable online business models. And yes, I have heard from consumers, who are worried given that their broadband provider has already shown that they will charge inscrutable below-the-line fees, raise prices unexpectedly and put consumers on hold for hours at a time. Who will have their best interests at heart in a world without clear and enforceable rules overseen by an agency with clear enforcement authority? A toothless FCC?
“There has been a darker side to all of this over the past few weeks. Threats and intimidation. Personal attacks. Nazis cheering. Russian influence. Fake comments. Those are unacceptable. Some are illegal. They all are to be rejected. But what is also not acceptable is the FCC’s refusal to cooperate with state attorney general investigations, or allow evidence in the record that would undercut a preordained outcome.
“Many have asked, what happens next? How will all of this — net neutrality, my internet experience — look after today? My answer is simple. When the current protections are abandoned, and the rules that have been officially in place since 2015 are repealed, we will have a Cheshire cat version of net neutrality. We will be in a world where regulatory substance fades to black, and all that is left is a broadband provider’s toothy grin and those oh so comforting words: We have every incentive to do the right thing. What they will soon have is every incentive to do their own thing.
“Now the results of throwing out your net neutrality protections may not be felt right away. Most of us will get up tomorrow morning and over the next week wade through hundreds of headlines, turn away from those endless prognosticators and submerge ourselves in a sea of holiday bliss. But what we have wrought will one day be apparent and by then, when you really see what has changed, I fear, it may not only be too late to do anything about it, because there will be no agency empowered to address your concerns. This item insidiously ensures the FCC will never be able to fully grasp the harm it may have unleashed on the internet ecosystem. And that inability might lead decision-makers to conclude, that the next internet startup that failed to flourish and attempted to seek relief, simply had a bad business plan, when in fact what was missing was a level playing field online.
“Particularly damning is what today’s repeal will mean for marginalized groups, like communities of color, that rely on platforms like the internet to communicate, because traditional outlets do not consider their issues or concerns worthy of any coverage. It was through social media that the world first heard about Ferguson, Missouri, because legacy news outlets did not consider it important until the hashtag started trending. It has been through online video services that targeted entertainment has thrived, where stories are finally being told because those same programming were repeatedly rejected by mainstream distribution and media outlets. And it has been through secure messaging platforms, where activists have communicated and organized for justice without gatekeepers with differing opinions blocking them.
“Where will the next significant attack on internet freedom come from? Maybe from a broadband provider allowing its network to congest, making a high-traffic video provider ask what more can it pay to make the pain stop. That will never happen you say? Well it already has. The difference now, is the open question of what is stopping them? The difference after today’s vote, is that no one will be able to stop them.
“Maybe several providers will quietly roll out paid prioritization packages that enable deep-pocketed players to cut the queue. Maybe a vertically integrated broadband provider decides that it will favor its own apps and services. Or some high-value internet-of-things traffic will be subject to an additional fee. Maybe some of these actions will be cloaked under nondisclosure agreements and wrapped up in mandatory arbitration clauses so that it will be a breach of contract to disclose these publicly or take the provider to court over any wrongdoing. Some may say ‘Of Course this will never happen?” After today’s vote, what will be in place to stop them?
“What we do know, is that broadband providers did not even wait for the ink to dry on this Order before making their moves. One broadband provider, who had in the past promised to not engage in paid prioritization, has now quietly dropped that promise from its list of commitments on its website. What’s next? Blocking or throttling? That will never happen? After today’s vote, exactly who is the cop of the beat that can or will stop them?
“And just who will be impacted the most? Consumers and small businesses, that’s who. The internet continues to evolve and has become ever more critical for every participant in our 21st century ecosystem: Government services have migrated online, as have educational opportunities and job notices and applications, but at the same time, broadband providers have continued to consolidate, becoming bigger. They own their own content, they own media companies and they own or have an interest in other types of services.
“Why are millions so alarmed? Because they understand the risks this all poses and even those who may not know what Title II authority is, know that they will be at risk without it.
“I have been asking myself repeatedly, why the majority is so singularly focused on overturning these wildly popular rules? Is it simply because they felt that the 2015 net neutrality order, which threw out over 700 rules and dispensed with more than 25 provisions, was too heavy-handed? Is this a ploy to create a ‘need’ for legislation where there was none before? Or is it to establish uncertainty where little previously existed?
“Is it a tactic to undermine the net neutrality protections adopted in 2015 that are currently parked at the Supreme Court? You know, the same rules that were resoundingly upheld by the DC Circuit last year? No doubt, we will see a rush to the courthouse, asking the Supreme Court to vacate and remand the substantive rules we fought so hard for over the past few years, because today, the FCC uses legally suspect means to clear the decks of substantive protections for consumers and competition.
“It is abundantly clear why we see so much bad process with this item: because the fix was already in. There is no real mention of the thousands of net neutrality complaints filed by consumers. Why? The majority has refused to put them in the record while maintaining the rhetoric that there have been no real violations. Record evidence of the massive incentives and abilities of broadband providers to act in anti-competitive ways are missing from the docket? Why? Because they have refused to use the data and knowledge the agency does have, and has relied upon in the past to inform our merger reviews. As the majority has shown again and again, the views of individuals do not matter, including the views of those who care deeply about the substance, but are not Washington insiders.
“There is a basic fallacy underlying the majority’s actions and rhetoric today: the assumption of what is best for broadband providers is best for America. Breathless claims about unshackling broadband services from unnecessary regulation are only about ensuring that broadband providers have the keys to the internet. Assertions that this is merely a return to some imaginary status quo ante, cannot hide the fact, that this is the very first time that the FCC has disavowed substantive protections for consumers online.
“And when the current, 2015 net neutrality rules are laid to waste, we may be left with no single authority with the power to protect consumers. Now this Order loudly crows about handing over authority of broadband to the FTC, but what is absent from the Order and glossed over in that haphazardly issued afterthought of a Memorandum of Understanding or MOU, is that the FTC is an agency, with no technical expertise in telecommunications; the FTC is an agency that may not even have authority over broadband providers in the first instance; the FTC is an agency that if you can even reach that high bar of proving unfair or deceptive practices and that there is substantialconsumer injury, it will take years upon years to remedy. But don’t just take my word for it: even one of the FTC’s own Commissioners has articulated these very concerns. And if you’re wondering why the FCC is preempting state consumer protection laws in this item without notice, let me help you with a simple jingle that you can easily commit to memory: If it benefits industry, preemption is good; if it benefits consumers, preemption is bad.
“Reclassification of broadband will do more than wreak havoc on net neutrality. It will also undermine our universal service construct for years to come, something which the Order implicitly acknowledges. It will undermine the Lifeline program. It will weaken our ability to support robust broadband infrastructure deployment. And what we will soon find out, is what a broadband market unencumbered by robust consumer protections will look like. I suspect the result will not be pretty.
“I know there are many questions on the mind of Americans right now, including what the repeal of net neutrality will mean for them. To help answer outstanding questions I will host a town hall through Twitter next Tuesday at 2 p.m. ET. What saddens me is that the agency that is supposed to protect you is abandoning you, but what I am pleased to be able to say is the fight to save net neutrality does not end today. This agency does not have, the final word. Thank goodness.
“As I close my eulogy of our 2015 net neutrality rules, carefully crafted rules that struck an appropriate balance in providing consumer protections and enabling opportunities and investment, I take ironic comfort in the words of then Commissioner Pai from 2015, because I believe this will ring true about this Destroying Internet Freedom Order:
I am optimistic, that we will look back on today’s vote as an aberration, a temporary deviation from the bipartisan path, that has served us so well. I don’t know whether this plan will be vacated by a court, reversed by Congress, or overturned by a future Commission. But I do believe that its days are numbered.
So, great—Time Magazine wants public feedback on its 33 finalists for Person of the Year. I love to share my views, so of course I clicked over to participate. But I couldn’t find a way to see the list of nominees without scrolling through 33 yes-or-no votes, one at a time. Not knowing the full list, I don’t want to vote prematurely. Doesn’t look like there’s a way to go back and undo a choice.
Time Magazine’s Person of the Year Poll Doesn’t Let You See the Choices Before Voting
I’d ask them but can’t even find a contact page except for subscriber support (and I’m not a subscriber).
Besides, if you only want to (and are eligible to) vote for one, why would they make us go through 32 no votes? It would be very easy to have a grid of 33 captioned pictures, and you could click on the one you want to vote for. It also doesn’t say as you’re voting (or even when you’re done) whether a later yes vote invalidates the earlier one. If it doesn’t, that would justify the format, but they should explain this. If it does, it makes the situation even worse.
This is so lame, and I feel so disenfranchised! You’d think Time would have better user interface design. Ugh!
Oh, here’s the secret, which I discovered when I went back to grab a screen shot: There’s one little red line to click, directly beneath the huge graphic, if you want to see the results so far—and that shows the list.
Time’s Person of the Year Poll—Secret Key to See the List
Still have to make the ridiculous 33 checkmarks and 76 unnecessary clicks, but at least you can cast an informed vote. Saudi Arabia’s power-grabbing prince is currently well in the lead. I cast my vote for the #metoo hashtag, even if the idea of a hashtag being a person is almost even stranger than the idea that corporations are people.
It’s good to see a good spectrum of cultural and political diversity in the finalists, from low-income people of color to rich white men with reactionary views. Other nominees I could have supported included San Juan (Puerto Rico) mayor Carmen Yulín, Colin Kaepernick, Pope Frances, and the Dreamer kids. Surprisingly, Standing Rock Water Protectors were not on the list.
Time Poll—First screen of the list
For decades, I’ve felt that if I got to make the rules for life, one of them would be this: no product goes to market until its designers had lived with it for 6 to 12 months and tested it thoroughly. From a user point of view, this poll is a perfect example of why we need a rule like that.
