Monday
Jan232006
Uncle Sam vs. Google
By Ellen Ratner
Uncle Sam vs. Google
"Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety."
Letter to the governor of Pennsylvania by the Pennsylvania Assembly, Nov. 11, 1755, attributed to Benjamin Franklin.
Once again, I find myself writing about issues that transcend partisanship and that go directly to the heart of our shared Americanism – what this word means and why this generation and those of our ancestors valued it so highly that they died by the collective millions to preserve it for themselves and bequeath it to those rarely mentioned in our own time – our "posterity."
The challenges to our liberties posed by our technologies and the government's attempt to limit the first by exploiting the second often unite the left and the right. This week, an issue arose that perfectly highlights how this process works.
This week Attorney General Alberto Gonzales petitioned a federal court to enforce a White House subpoena that would require Web-searcher Google to provide, for one week (which week hasn't been specified), queries involving search words that might have been used by those trying to access child porn sites. Moreover, the government demanded that Google produce 1 million Web addresses. Google has this information because in an effort to attract advertisers, it retains a history of both the searchers and the searched for long periods of time. Civil libertarians of both parties and all persuasions are alarmed at this development.
This effort has international implications. One British blogger, who attempted to investigate a local sex offender by "Googling" the offender's name and the school wherein the acts took place, now notes ruefully that, "That's me – done for."
The scourge of child pornography, in which innocent children and emotionally sick consumers are exploited by heinous criminals of the worst sort, is, next to Osama bin Laden, probably the least popular cause in America. Who could possibly object to using whatever means the government has to discover and punish the perpetrators of these crimes, and possibly rescue the very children who are exploited? In this sense, the government's position is beguiling – soothing even.
After all, certainly no law-abiding American has anything to hide. No decent person of goodwill would withhold any means necessary to stop the epidemic of child pornography. If the police came to my door and persuaded me that a search of my house was necessary to prevent a major crime, I would welcome them inside, fix them a cup of coffee, and assist with the search, warrant or no warrant.
And therein lays an awful trap. If Google is compelled to yield on this issue, in the future there will be other issues – for the most revealing "trips" we moderns take are usually done from the comfort of one's office, through the keyboard, on the screen and into the Internet. In complete innocence, and as is our right as native-born Americans, we use the Internet for information, to learn, to see for ourselves. This can lead to some pretty unsavory things.
I have sometimes gone to the most disgusting racist websites for information. For the same reason, I have visited the websites of terrorists who wish us harm; to websites of governments with abysmal human-rights records; I have sometimes tapped in the wrong Web address only to face the ugliest pornographic images. Once I needed some text from Adolph Hitler's "Mein Kampf" and located it on the Web. Does any of this make me a racist, a war criminal, a pornographer, or a Nazi? I don't think so. And I don't think my experience is much different from most of my Internet-savvy readers.
It is only short steps from investigating child pornography to terrorists, to other types of criminal activities, to tax returns, to politically unpopular points of view, to other, non-criminal personal matters which some future government might conclude is helpful in some way. Two things should be understood – governments will always "do what they have to do" to increase security; private corporations will always "do what they must" to increase advertising revenues, which in Google's case means retaining these data records for long periods of time.
Given the interests of government and corporations, I will make two recommendations. The first is that by law, Google must be compelled to disclose to users what its data retention policies are. If users decline, so be it; if enough users decline, then Google and its competitors will change these policies in the interests of civil liberties. The second is that the types of data stored and the period that it may be stored should likewise be limited. This is not anti-government or anti-corporation. It is pro-citizen.
It also reminds me of the profound and farseeing wisdom of so many of the early figures in our country's history. President Andrew Jackson, in his farewell address of March 4, 1837, implored Americans that "you must remember, my fellow citizens, that eternal vigilance by the people is the price of liberty, and that you must pay the price if you wish to secure the blessing." Wherever old Andy Jackson is today, he is, as he was, truly "wired.
Uncle Sam vs. Google
"Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety."
Letter to the governor of Pennsylvania by the Pennsylvania Assembly, Nov. 11, 1755, attributed to Benjamin Franklin.
Once again, I find myself writing about issues that transcend partisanship and that go directly to the heart of our shared Americanism – what this word means and why this generation and those of our ancestors valued it so highly that they died by the collective millions to preserve it for themselves and bequeath it to those rarely mentioned in our own time – our "posterity."
The challenges to our liberties posed by our technologies and the government's attempt to limit the first by exploiting the second often unite the left and the right. This week, an issue arose that perfectly highlights how this process works.
This week Attorney General Alberto Gonzales petitioned a federal court to enforce a White House subpoena that would require Web-searcher Google to provide, for one week (which week hasn't been specified), queries involving search words that might have been used by those trying to access child porn sites. Moreover, the government demanded that Google produce 1 million Web addresses. Google has this information because in an effort to attract advertisers, it retains a history of both the searchers and the searched for long periods of time. Civil libertarians of both parties and all persuasions are alarmed at this development.
This effort has international implications. One British blogger, who attempted to investigate a local sex offender by "Googling" the offender's name and the school wherein the acts took place, now notes ruefully that, "That's me – done for."
The scourge of child pornography, in which innocent children and emotionally sick consumers are exploited by heinous criminals of the worst sort, is, next to Osama bin Laden, probably the least popular cause in America. Who could possibly object to using whatever means the government has to discover and punish the perpetrators of these crimes, and possibly rescue the very children who are exploited? In this sense, the government's position is beguiling – soothing even.
After all, certainly no law-abiding American has anything to hide. No decent person of goodwill would withhold any means necessary to stop the epidemic of child pornography. If the police came to my door and persuaded me that a search of my house was necessary to prevent a major crime, I would welcome them inside, fix them a cup of coffee, and assist with the search, warrant or no warrant.
And therein lays an awful trap. If Google is compelled to yield on this issue, in the future there will be other issues – for the most revealing "trips" we moderns take are usually done from the comfort of one's office, through the keyboard, on the screen and into the Internet. In complete innocence, and as is our right as native-born Americans, we use the Internet for information, to learn, to see for ourselves. This can lead to some pretty unsavory things.
I have sometimes gone to the most disgusting racist websites for information. For the same reason, I have visited the websites of terrorists who wish us harm; to websites of governments with abysmal human-rights records; I have sometimes tapped in the wrong Web address only to face the ugliest pornographic images. Once I needed some text from Adolph Hitler's "Mein Kampf" and located it on the Web. Does any of this make me a racist, a war criminal, a pornographer, or a Nazi? I don't think so. And I don't think my experience is much different from most of my Internet-savvy readers.
It is only short steps from investigating child pornography to terrorists, to other types of criminal activities, to tax returns, to politically unpopular points of view, to other, non-criminal personal matters which some future government might conclude is helpful in some way. Two things should be understood – governments will always "do what they have to do" to increase security; private corporations will always "do what they must" to increase advertising revenues, which in Google's case means retaining these data records for long periods of time.
Given the interests of government and corporations, I will make two recommendations. The first is that by law, Google must be compelled to disclose to users what its data retention policies are. If users decline, so be it; if enough users decline, then Google and its competitors will change these policies in the interests of civil liberties. The second is that the types of data stored and the period that it may be stored should likewise be limited. This is not anti-government or anti-corporation. It is pro-citizen.
It also reminds me of the profound and farseeing wisdom of so many of the early figures in our country's history. President Andrew Jackson, in his farewell address of March 4, 1837, implored Americans that "you must remember, my fellow citizens, that eternal vigilance by the people is the price of liberty, and that you must pay the price if you wish to secure the blessing." Wherever old Andy Jackson is today, he is, as he was, truly "wired.
Keep the aid flowing
With Hamas' decisive win in Palestine last week, the racket of celebratory gunfire and cheers coming from Gaza was matched by only by the wailing and weeping coming from Western capitals. Summarizing this reaction was Italian Prime Minister Silvio Berlusconi, who pronounced the victory a ''very, very, very bad result."
Some tried to bury their disappointment behind the self-justifying blather that their own "let's-shoot-our-way-to-a-democratic-Middle-East" policy has wrought. "The people are demanding honest government," declared President Bush, struggling to make lemons into lemonade. "And so the elections should open the eyes of the old guard there in the Palestinian territories ... There's something healthy about a system that does that."
Sure, Mr. President. That's why the next thing you did was to announce that the United States won't be sending dime one to those who brought about "honest government." Bush and Secretary Rice are now persuading the European Union to do likewise – and based on initial reactions, it won't be a hard sell. Here's a contrary opinion: That would be a Big Mistake in a region where for decades all parties have been inflicting Big Mistakes on their own peoples, the region and the world.
First, you should know a bit of history. In the often la-la land of Israeli-Palestinian politics, where it seems that the less you pay attention, the more you know, peace – real peace, in the form of diplomatic recognition, treaties and no wars – is rarely made by peaceful people. Indeed, it's usually the men everyone thinks of as "hardliners" who show up on the White House lawn or the signing conference in Norway, or Cairo or Jerusalem.
Remember former Israeli Prime Minister Menacham Begin, who came to his office via Jabotinsky, Irgun, and Likud? He made peace (1979) with Egyptian president Anwar Sadat, the former aid to the ultra-hardliner Gamal Abdel Nasser. Sadat participated in many and actually led one war against Israel (1973) and as a younger man, was reported to have kept a picture of Hitler in his office.
Of course, Chairman Yasser Arafat, the man reputed to have invented modern terrorism, took a break from hijacking airplanes to show up in Oslo and sign peace agreements with former Prime Minister Itzhak Rabin, remembered today as a peace-loving, kindly old man, but who in his military prime was chief of staff to the IDF during the Six Day War (1967) that devastated the Arab countries surrounding Israel. And lest we forget, as most of never recognized to begin with, there was the big, bad "Likudnick" Arial Sharon, whose unilateral withdrawal from Gaza probably did more for Palestinian statehood than anything done lately by any single Palestinian.
My point is that if history is any guide, at some point – and knowing Mideast politics as I do, to guess precisely when would be an act of foolishness – top Hamas leader Khaled Mashaal may soon be traipsing over the Green Line to meet with his Israeli counterparts. Contrary to rumor, it is the Middle East and not Washington, D.C., where politicians are famous for flip-flopping.
Besides a history which teaches us to assume nothing, there are other good reasons to keep the money spigots flowing to the Palestinian Authority. Perhaps the most important of these is a four-letter word spelled I-R-A-N. Currently, the West, mostly the European Union and United States, annually pour some $1 billion into the territories. If that money is cut-off, Hamas will go elsewhere for the dough, and elsewhere is likely to be Tehran.
Thus, Hamas's partnership of convenience with the Iranians is likely to become one of intimacy. This would have the effect of moving Iran into a "front-line" state in the Israeli-Palestinian dispute – and thus transforming the Holocaust Denying and genocidal ravings of religious fanatic (did I mention president of Iran?) Mahmoud Ahmadinejad into real policy. And that is a very, very bad idea.
Cutting off Hamas is something that the West can do at any time. Destroying Hamas – and re-imposing control over Gaza and the West Bank – is something that the Israelis can do at any time. And one of the dirty little secrets about this election is that everyone, including Hamas, expected that Arafat's Fatah party would win, or at least win enough to require a governing coalition. What nobody expected was that Fatah would lose big enough to leave Hamas in virtual control of the Palestinian government. In short, if insider reports are correct, the biggest shock of Hamas' win came to Hamas itself.
That means that the ultimate outsider has now been stuck with a ward heeler's job – picking up the garbage, delivering services, running the schools, etc. Whining and threats don't run governments; and Hamas knows that if it doesn't perform, the Palestinian people will vote them out for somebody else. So now is not the time to stop funding the Palestinian Authority. Indeed, as the suicide-bombing, toxic-rhetoric spouting Hamas is going to be the first to discover, it's time to, as the old song said, "Give peace a chance."