Sen. Arlen Specter (R-PA) has a piece in the Washington Post this morning entitled, Why I Support the Stimulus. Beside the rather boring title, I think -- in general -- I agree. There has been much machination about how the Obama administration failed to play this properly, but I think that's wrong... both in function and form.
Functionally, this is a stimulus bill (though, I prefer the term recovery bill, not sure why that language isn't used more frequently) whose primary purpose is to get the economy moving through a large scale injection of government spending. Period, full stop. It is not a green energy bill, or a universal health care bill, or an education reform bill. Those partisans who saw the stimulus as an opportunity to attach their personal pet project, regardless of how meretricious the idea might be, are guilty of the same sin as when the Republicans used September 11th to push through only tangentially related policy objectives through a hurried congressional approval process.
Specter, a moderate Republican, has joined with other Senate moderates to trim many of these programs. The folks over at Think Progress' Wonk Room would have you believe the sky is falling and that these Senators oppose the programs they are either eliminating or reducing. But there is little evidence of that, and Specter admits that many of the programs being cut are "worthy in themselves." But his point is that we have an appropriations process for this sort of thing, and with that process comes deliberation, transparency, and accountability. Just as anti-war activists were angered by the Bush Administration's refusal to fund the Iraq War through the normal appropriations in an effort to hide the real cost, so too should we be angry when any other administration tries to go through the back door.
Which brings us to form. This isn't a game! Do you hear me Nate Silver. Obama did not run -- and he did not win -- on the argument that he was going to get his way every time. He was elected on the premise that government is broken because we treat it like a game. There is this great story, which I can't seem to find online now, that I first heard reported on the Daily Show. Leading up to the 2006 midterm elections, where the polls suggested the Democrats where going to seize power in the House (the Senate was still too close to call), a White House official was asked how Bush was going to work together with the new Democratic Committee Chairs. The official responded with a glib response about how, "we are playing this game to win it," implying the Administration wasn't going to entertain the idea that the Republicans would lose their majority. Then, in a moment of absolute political honesty, a reporter gave a follow up... "It isn't a game. The American people want to know how you are going to govern."
And the dude was absolutely right. I've been in politics, I know it's easy to treat the whole thing like a game, with pieces you move around the board and objectives achieved. But this is real life, it has real consequences, and developing strategies based on the philosophy that this is a game, and not governing, is exactly what Obama ran against. He is governing, best he knows how, and helping forge a stimulus bill he believes will get America moving again. The rest of the Congress, they are governing too, in their own way and with their own priorities. But we shouldn't treat this as a game, and we shouldn't say anyone played anything right or wrong. It's not about winning and losing, it's about the our lives.
Monday, February 09, 2009
Tuesday, February 03, 2009
A Bad Day for American Health Care Reform?
Today Sen. Tom Daschle, former Senate Majority Leader from South Dakota, asked President Obama to withdraw his nomination as Secretary of Health and Human Services. I will admit that when Daschle was first nominated, I was very excited. I thought, here was a man who knows the Senate better than most, is a passionate advocate for change in health care, and may be the one guy who can shepherd universal health care through the Congress. I honestly don't know how he would perform as an administrator, but you can solve that with a good Deputy Secretary. But this guy, this guy was going to make the politics happen.
However, I cannot agree with Sen. Kerry's comment following today's announcement.
If you had asked me before last year's tax season, I might have had a different feeling. Last year I fretted extensively about my taxes because so much of my income was as an independent contractor. As I had failed to make quarterly installments, I had a significant tax burden to pay... and I had to save and scrimp for months to come up with the money by April 15. I didn't have to do that -- a lot of what I earned never got reported as 1099 income -- but I reported it anyway because the law is clear. The law was equally clear for Sen. Daschle, as it is for rest American upper class who seems to be engaging in massive and widespread tax fraud. I wonder, how many people making over a million dollars annually in this country would pass through this kind of scrutiny? It sort of make sense, if you think about it... try and skim off as much off your taxes as you can and bet that if you do get caught, you'll get the mess cleared up through lawyers. It's a win-win... unless you are the average tax payer who can't afford tax lawyers and whose only real option is to pay to the best of their ability and pray they aren't audited.
Yes, I too wish Sen. Daschle could have served as the new Secretary of Health and Human Services, but I wish even more that he had shown a basic level of respect to his fellow citizens and the law and shouldered his share of the burden, instead of trying to get away with tax evasion until suddenly it became a political issue.
It's just like John Stewart said on the Daily Show.... "pay your f*cking taxes."
However, I cannot agree with Sen. Kerry's comment following today's announcement.
I wish Tom Daschle had not decided to withdraw his nomination... While Tom’s decision is a reminder of his loyalty to President Obama and his determination not to be a distraction, this was no ordinary appointment and today is not a good day for the cause of health care reform.With all due respect to Sen. Kerry, today is not the bad day for the cause of health care reform. The bad day was when Sen. Daschle, a man who served on the Finance Committee of the United State Senate (they write the tax code), failed in his basic obligation to pay his taxes. This isn't the sort of difficult to understand tax situation, like with Sec. Geithner, this is an obvious case of either gross negligence or willful evasion.
If you had asked me before last year's tax season, I might have had a different feeling. Last year I fretted extensively about my taxes because so much of my income was as an independent contractor. As I had failed to make quarterly installments, I had a significant tax burden to pay... and I had to save and scrimp for months to come up with the money by April 15. I didn't have to do that -- a lot of what I earned never got reported as 1099 income -- but I reported it anyway because the law is clear. The law was equally clear for Sen. Daschle, as it is for rest American upper class who seems to be engaging in massive and widespread tax fraud. I wonder, how many people making over a million dollars annually in this country would pass through this kind of scrutiny? It sort of make sense, if you think about it... try and skim off as much off your taxes as you can and bet that if you do get caught, you'll get the mess cleared up through lawyers. It's a win-win... unless you are the average tax payer who can't afford tax lawyers and whose only real option is to pay to the best of their ability and pray they aren't audited.
Yes, I too wish Sen. Daschle could have served as the new Secretary of Health and Human Services, but I wish even more that he had shown a basic level of respect to his fellow citizens and the law and shouldered his share of the burden, instead of trying to get away with tax evasion until suddenly it became a political issue.
It's just like John Stewart said on the Daily Show.... "pay your f*cking taxes."
Sunday, January 25, 2009
Frost/Nixon
This afternoon Sarah and I took in a matinée at the local two screen cineplex, finally seeing Frost/Nixon. If you are a fan of political biographies, I highly recommend it. The movie centers around a series of interviews between David Frost, a British talk show personality, and Richard M. Nixon, the 37th President of the United States.
Two things really struck me about the movie...
First, what would it take for a modern day politician to agree to a series of interviews on such a broad range of subjects with no editorial control? Where are the interviews with Roland Regan, George H. W. Bush, or Bill Clinton? Sure, they have memoirs -- tightly controller spin jobs designed to white-wash the record for the sake of legacy -- but where is the inquisitor? Who forces our political leaders to see beyond their own self-image and face the facts of their administration? Say what you will about Richard Nixon, but it took guts to agree to that interview, and it showed a nature of his character you don't often see.
Second, I think my young age takes me out of the target demo for this movie. Viewers are supposed to be rooting against Nixon, or at least rooting for his eventual admission... which is not to saw I wasn't. But I found I was doing it more out of a desire for a NASCAR crash than for some sort of political reckoning. Perhaps if I were of the Watergate generation, I would feel an attachment... but Nixon was so long ago for me that the movie could have just as easily been about Ulysses S. Grant. Which begs the question: what will future generations think of our rage towards the Bush Administration?
Two things really struck me about the movie...
First, what would it take for a modern day politician to agree to a series of interviews on such a broad range of subjects with no editorial control? Where are the interviews with Roland Regan, George H. W. Bush, or Bill Clinton? Sure, they have memoirs -- tightly controller spin jobs designed to white-wash the record for the sake of legacy -- but where is the inquisitor? Who forces our political leaders to see beyond their own self-image and face the facts of their administration? Say what you will about Richard Nixon, but it took guts to agree to that interview, and it showed a nature of his character you don't often see.
Second, I think my young age takes me out of the target demo for this movie. Viewers are supposed to be rooting against Nixon, or at least rooting for his eventual admission... which is not to saw I wasn't. But I found I was doing it more out of a desire for a NASCAR crash than for some sort of political reckoning. Perhaps if I were of the Watergate generation, I would feel an attachment... but Nixon was so long ago for me that the movie could have just as easily been about Ulysses S. Grant. Which begs the question: what will future generations think of our rage towards the Bush Administration?
Tuesday, January 20, 2009
Reflections on the new Administration
As I watch the Obamas dance in, what I am told, is their fifth ball of the evening, I can't help but pen some thoughts on the new Administration and what it means to me. CNN reports a crowd of 2.2 million were on hand to see the speech in person and there were predictions that the TV viewership would surpass any other TV event in history. Polling indicates that President Obama enjoys higher approval ratings than any incoming President. Globally... well, all I can is my Aunt -- my Aunt who lives in Nicaragua and has more or less dedicated her life to fighting U.S. policy in Latin America -- is genuinely proud of her country's President, and may even, one day, call him her President.
Obama is now at the Western Ball, which includes not only my home state of Washington, but my adopted state of California. Seems like a good time to think about what this all means for me. I already wrote a few words about transitioning from the Loyal Opposition to the Party in Power. But there are other personal implications. For example, this is the very first time I have voted for a winning presidential candidate. It's also the first time I gave any serious money to a candidate... like, got fancy high donor letters thanking me sort of serious. It's the first time I feel like I contributed, both morally and materially, to a campaign that mattered.
It's also a great honor to know people who are preparing to join the White House staff. For the first time my generation is in a position to contribute in a very direct way to our nation. They may not be the most high level jobs ever, but they are in the halls of power and they begin the process of training to, one day, run the nation. My hat is off to them, for their sacrifice (those jobs don't pay well, or offer much in the way of rest and relaxation) and for accepting the heavy burden that comes with being the future. I hope some day I can join them.
To the Administration as a whole, I have but a few words. I told one of my friends who is starting a new White House job that they will have the unique opportunity to make the world a better place, and not just in the metaphorical sense... they could actually go into the office in the morning, and thanks to their work, come out that evening the world would actually be a better place. After saying it, I realized I had transfered my unrealistic expectations of Obama onto his team... which I suppose is only natural, if a tad unfair.
My words then, are this... it's okay to fail in meeting our soaring expectations. But it is not okay to fail alone. The government of America is powerful and can do great things, but the people of America are more powerful yet and we are your greatest resource. If you try to carry the burden alone, and fail, you will not only have squandered an opportunity, you will have turned against the ideals of the campaign you work for. Have enough humility to understand your limitations and seek the wisdom of your fellow countrymen as you seek to fulfill our greatest destiny.
With that I say, good luck America. We've done a great thing today but much remains to be done. Let's roll up our sleeves and get to work.
Obama is now at the Western Ball, which includes not only my home state of Washington, but my adopted state of California. Seems like a good time to think about what this all means for me. I already wrote a few words about transitioning from the Loyal Opposition to the Party in Power. But there are other personal implications. For example, this is the very first time I have voted for a winning presidential candidate. It's also the first time I gave any serious money to a candidate... like, got fancy high donor letters thanking me sort of serious. It's the first time I feel like I contributed, both morally and materially, to a campaign that mattered.
It's also a great honor to know people who are preparing to join the White House staff. For the first time my generation is in a position to contribute in a very direct way to our nation. They may not be the most high level jobs ever, but they are in the halls of power and they begin the process of training to, one day, run the nation. My hat is off to them, for their sacrifice (those jobs don't pay well, or offer much in the way of rest and relaxation) and for accepting the heavy burden that comes with being the future. I hope some day I can join them.
To the Administration as a whole, I have but a few words. I told one of my friends who is starting a new White House job that they will have the unique opportunity to make the world a better place, and not just in the metaphorical sense... they could actually go into the office in the morning, and thanks to their work, come out that evening the world would actually be a better place. After saying it, I realized I had transfered my unrealistic expectations of Obama onto his team... which I suppose is only natural, if a tad unfair.
My words then, are this... it's okay to fail in meeting our soaring expectations. But it is not okay to fail alone. The government of America is powerful and can do great things, but the people of America are more powerful yet and we are your greatest resource. If you try to carry the burden alone, and fail, you will not only have squandered an opportunity, you will have turned against the ideals of the campaign you work for. Have enough humility to understand your limitations and seek the wisdom of your fellow countrymen as you seek to fulfill our greatest destiny.
With that I say, good luck America. We've done a great thing today but much remains to be done. Let's roll up our sleeves and get to work.
Saturday, December 27, 2008
Engagement
Sarah and I got back from our two week trip to Nicaragua visiting my Aunt and taking in the sights. I'm hoping to get photos online soon, but am still waiting for a little DNS magic before the new photo site goes live.
In the meantime, just to make it even more internet official (as if posting it on Facebook wasn't good enough), on December 20th I asked Sarah to marry me, and to the hushed surprise of everyone, she said "yes." The engagement will probably be about three years, which we realize is a tad long... but makes sense given Sarah's academic schedule.
Thanks to everyone who provided assistance and advice to the planning and execution of the proposal, I will see you at the wedding!
In the meantime, just to make it even more internet official (as if posting it on Facebook wasn't good enough), on December 20th I asked Sarah to marry me, and to the hushed surprise of everyone, she said "yes." The engagement will probably be about three years, which we realize is a tad long... but makes sense given Sarah's academic schedule.
Thanks to everyone who provided assistance and advice to the planning and execution of the proposal, I will see you at the wedding!
Wednesday, December 03, 2008
No, amazon cannot decide you're a felon, but...
The Don--who came up with these names?--asked me if I would comment on the Lori Drew verdict. Instead of posting on his blog, I figured I'd post here and link from there, thus keeping all the juicy page views for me and my Google AdWords empire (I kid, I kid).
The general story here is that person did something most folks agree was bad, but since none of our existing criminal statutes really fit the action in question, the prosecutors in the case used the Computer Fraud and Abuse Act to seek conviction for what amounts to a violation of the MySpace Terms of Service. The Don expressed understandable apprehension to the idea that a corporation like Amazon could wield their TOS in such a way as to make site visitors into felons. But first a little context might assist in seeing if this is really a sign of the end of the world, or just another day in America.
Let's start with the concept of trespass law. Now, there are some folks who say trespass law is stupid and people should be able to go where ever they like. If you fall into this group, you can just stop reading now, because I can't help you. But assuming you agree that trespass law is good and proper, you have to ask yourself some questions. Consider your personal dwelling. If someone comes into your house uninvited they are obviously trespassing. It's a clear cut case and criminal prosecutors will have no problem getting a conviction. Let's change the fact pattern slightly and say instead of a house, it's a store with a large public area for browsing the merchandise, and an employees' only area in the back. Now, if someone goes into the public space, they aren't trespassing, right? They have been invited into the space by the owner and are what we in the legal business would call an invitee. But once the visitor goes into the employees' only space, they move from the invitee column into the trespasser column.
The question then is what makes the distinction between the public space where you're an invitee and the private space where you're a trespasser? The answer is private law. In the case of the store it's enforced by a little sign posted on the door to the employee area that says "Employees Only." Two little words, perhaps, but two words backed by the power of the state penal system. Essentially what we've done is say in the law "we think there are some places you shouldn't be able to go, but since we can't specify all those places, we are going to empower private law to specify on a case-by-case basis." Now, of course, there are limits, like clear notice and the moderating force of a jury. I realistically can't imagine a jury convicting someone mistakenly entering into an employee area, no matter how well marked it may have been.
These same principles apply to the internet just as well as they do to the physical word. In fact, there is a rather famous example of this sort of private law backed by criminal law that is clear as day... it's called the DMCA. I wrote a post years ago on this very topic, feel free to read it if you have a moment. Owners of copyrighted materials can seek federal criminal prosecution if you break a "technological measure," which could really be just as simple as a little button that says don't copy me. The slashdot crowd goes crazy over this... how can it be a crime to break such a stupid technological measure, they demand to know! To which I ask, is it any more or less of a crime if I break into a locker with a tiny pad lock instead of a huge deadbolt? I certainly shouldn't think so.
Which brings us back around to the Lori Drew verdict. MySpace makes clear that you are an invitee into their online space so long as you conform to their Terms of Service. The moment you stop conforming to their TOS, you become a trespasser... just as if you had entered into the employees only area. This isn't to say that every violation of an online TOS is going to result in criminal prosecution, because we have prosecutors, judges, and juries all in the business of continuously evaluating what is and isn't worth prosecuting on a day-by-day basis. Just because you engage in felonious acts doesn't make you a felon, or we'd all be in the slammer. What it does mean is if you engage in activity that you know is wrong--even if that activity is solely online--and it ends up with someone dying, you'd best get yourself a lawyer.
The general story here is that person did something most folks agree was bad, but since none of our existing criminal statutes really fit the action in question, the prosecutors in the case used the Computer Fraud and Abuse Act to seek conviction for what amounts to a violation of the MySpace Terms of Service. The Don expressed understandable apprehension to the idea that a corporation like Amazon could wield their TOS in such a way as to make site visitors into felons. But first a little context might assist in seeing if this is really a sign of the end of the world, or just another day in America.
Let's start with the concept of trespass law. Now, there are some folks who say trespass law is stupid and people should be able to go where ever they like. If you fall into this group, you can just stop reading now, because I can't help you. But assuming you agree that trespass law is good and proper, you have to ask yourself some questions. Consider your personal dwelling. If someone comes into your house uninvited they are obviously trespassing. It's a clear cut case and criminal prosecutors will have no problem getting a conviction. Let's change the fact pattern slightly and say instead of a house, it's a store with a large public area for browsing the merchandise, and an employees' only area in the back. Now, if someone goes into the public space, they aren't trespassing, right? They have been invited into the space by the owner and are what we in the legal business would call an invitee. But once the visitor goes into the employees' only space, they move from the invitee column into the trespasser column.
The question then is what makes the distinction between the public space where you're an invitee and the private space where you're a trespasser? The answer is private law. In the case of the store it's enforced by a little sign posted on the door to the employee area that says "Employees Only." Two little words, perhaps, but two words backed by the power of the state penal system. Essentially what we've done is say in the law "we think there are some places you shouldn't be able to go, but since we can't specify all those places, we are going to empower private law to specify on a case-by-case basis." Now, of course, there are limits, like clear notice and the moderating force of a jury. I realistically can't imagine a jury convicting someone mistakenly entering into an employee area, no matter how well marked it may have been.
These same principles apply to the internet just as well as they do to the physical word. In fact, there is a rather famous example of this sort of private law backed by criminal law that is clear as day... it's called the DMCA. I wrote a post years ago on this very topic, feel free to read it if you have a moment. Owners of copyrighted materials can seek federal criminal prosecution if you break a "technological measure," which could really be just as simple as a little button that says don't copy me. The slashdot crowd goes crazy over this... how can it be a crime to break such a stupid technological measure, they demand to know! To which I ask, is it any more or less of a crime if I break into a locker with a tiny pad lock instead of a huge deadbolt? I certainly shouldn't think so.
Which brings us back around to the Lori Drew verdict. MySpace makes clear that you are an invitee into their online space so long as you conform to their Terms of Service. The moment you stop conforming to their TOS, you become a trespasser... just as if you had entered into the employees only area. This isn't to say that every violation of an online TOS is going to result in criminal prosecution, because we have prosecutors, judges, and juries all in the business of continuously evaluating what is and isn't worth prosecuting on a day-by-day basis. Just because you engage in felonious acts doesn't make you a felon, or we'd all be in the slammer. What it does mean is if you engage in activity that you know is wrong--even if that activity is solely online--and it ends up with someone dying, you'd best get yourself a lawyer.
Saturday, November 22, 2008
Promotion
Seven days ago marked my year anniversary with Articulated Man, which Sarah and I celebrated with a bottle of wine we have been saving from her trip through the Champaign region in France. It was most delightful.
On Wednesday I flew into Chicago for a week long Development Sprint, which is serving as the kickoff for a large internal development project that will hopefully be the engine of the company for the next couple of election cycles. I had requested an annual review to go over whatever stuff I might be able to improve upon, and since I was going to be in town we figured we could just do it in person, which we did last night.
The good news is that I seem to be doing well and got positive reviews. The better news is that I am receiving a raise and a title promotion to reflect the job I actual do, as opposed to the one I was hired for. Which is not to say I don't still do that job, which was "Developer", but that I really do a ton more stuff on a day-to-day basis that Developer really doesn't encapsulate. The cool part is that I get to select my own title.
The current list of possibilities include:
Update:
I went with Information Systems Director.
On Wednesday I flew into Chicago for a week long Development Sprint, which is serving as the kickoff for a large internal development project that will hopefully be the engine of the company for the next couple of election cycles. I had requested an annual review to go over whatever stuff I might be able to improve upon, and since I was going to be in town we figured we could just do it in person, which we did last night.
The good news is that I seem to be doing well and got positive reviews. The better news is that I am receiving a raise and a title promotion to reflect the job I actual do, as opposed to the one I was hired for. Which is not to say I don't still do that job, which was "Developer", but that I really do a ton more stuff on a day-to-day basis that Developer really doesn't encapsulate. The cool part is that I get to select my own title.
The current list of possibilities include:
- Lead Systems Administrator
- Systems Director
- Information Systems Director
- Information Technology Director
- Information Technology Manager
Update:
I went with Information Systems Director.
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