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Legal Code In a Version Control System?

coldmist writes "Sen. Thomas Carper (D-Del.) is on the Senate Finance Committee, which just finished work on the health care bill. The committee recently rejected an amendment which would have required them to post the legislation for public viewing for 72 hours before it went to final vote. Several senators felt that the actual legal code would be too cryptic and complicated to be useful. Carper himself said, 'I don't expect to actually read the legislative language because reading the legislative language is among the more confusing things I've ever read in my life.' So, why don't they put it in SVN (or some similar version control system) where people can tkdiff the changes (i.e. new legislation is in a branch) or output a patchset? If a bill is passed, it's merged into the trunk. It just seems so logical to me, yet I can't find any mention of doing this on the web. What do you think?"

334 comments

  1. Too early yet by EsbenMoseHansen · · Score: 2, Insightful

    The idea is fine and good, but the system probably runs too far behind everything else to take this up for some years to come.

    --
    Religion is regarded by the common people as true, by the wise as false, and by rulers as useful.
    1. Re:Too early yet by camperdave · · Score: 2, Insightful

      The idea is fine and good, which is why it is unlikely to be implemented. After all, if you can filter changes and search by text, then how are you going to hide riders in your bills.

      --
      When our name is on the back of your car, we're behind you all the way!
    2. Re:Too early yet by EsbenMoseHansen · · Score: 1

      The idea is fine and good, which is why it is unlikely to be implemented. After all, if you can filter changes and search by text, then how are you going to hide riders in your bills.

      You have the politicians you vote for, you know, at least in the part of the world with direct elections. I don't believe most politicians are evil or subversive, though some of course are.

      But have you ever tried to convince your colleagues to do something a better way? It is not always easy (my current colleagues are of course *brilliant* and always a step ahead /waves/)

      --
      Religion is regarded by the common people as true, by the wise as false, and by rulers as useful.
    3. Re:Too early yet by Mia'cova · · Score: 2, Interesting

      I've worked on some large technical documents (several hundred pages) in this way. The document is built up from many smaller chunks which are stored in a version control system. Then to get the entire thing you need to 'build' it. It's actually a major pain in the ass because there simply aren't too many good ways to do this. Whenever anything breaks it's a pain in the ass for everyone.

      When comparing this to an enterprise-level document management system, I don't see any advantages at present. The document management systems can include version control and diffing with file-format specific implementations. You wouldn't want to do a binary diff on a word doc for example. It's also usually smarter for these kinds of tasks workflow wise. I'm sure everyone working on these bills have access to some kind of document management system. They're not just passing around USB keys and checking their gmail. The systems they're using are probably perfectly suited for what's being done.

      I expect better systems to evolve but simply trying to drop something in CVS has a lot of hidden costs.

    4. Re:Too early yet by EsbenMoseHansen · · Score: 1

      I've worked on some large technical documents (several hundred pages) in this way. The document is built up from many smaller chunks which are stored in a version control system. Then to get the entire thing you need to 'build' it. It's actually a major pain in the ass because there simply aren't too many good ways to do this. Whenever anything breaks it's a pain in the ass for everyone.

      When comparing this to an enterprise-level document management system, I don't see any advantages at present. The document management systems can include version control and diffing with file-format specific implementations. You wouldn't want to do a binary diff on a word doc for example. It's also usually smarter for these kinds of tasks workflow wise. I'm sure everyone working on these bills have access to some kind of document management system. They're not just passing around USB keys and checking their gmail. The systems they're using are probably perfectly suited for what's being done.

      Legal documents appears to be plain text, actually, perhaps with some simple headings.

      I expect better systems to evolve but simply trying to drop something in CVS has a lot of hidden costs.

      CVS? Are you pulling my tail? SVN is antiquated enough without mentioning CVS!

      --
      Religion is regarded by the common people as true, by the wise as false, and by rulers as useful.
    5. Re:Too early yet by jmccay · · Score: 3, Insightful

      You are kind of missing the point. Congress doesn't want us to know what the bills say, and they don't want to really know what the bill says. If they don't actually read the bill, they have plausible deniability. If you can't read the bill, then they can say you don't know what you're talking about, and if that doesn't work, they'll just call you a racist for disagreeing. Take health care for instance. What Obama and the Democrats have been saying the bill does is not what the actual bill says. They are playing a magician; they want you to watch what there right hand (what they say) is doing while the left hand (what the bill says) is doing something else. Didn't you have a problem when Obama broke his promise that we'd be able to view bills a week before they are passed (see here)? Aren't you bothered that most in Congress don't read the bill before they sign it, and then try to tell you what it actually does? They are trying to reform health care in America without actually reading the whole bill! Ask your local Representative if they read the bill before they passed it back in August. Anything that expedites the process of you being able to read what is being passed will not be done. This is business as usual.

      --
      At the next eco-hypocrisy-meeting, count the private jets used to get to the meeting. Should be interesting to see that
    6. Re:Too early yet by RichardJenkins · · Score: 1

      It's a fantastic idea, I'm too cynical/lazy/apathetic to push for it though. Hopefully someone else will though.

    7. Re:Too early yet by dhasenan · · Score: 1

      If they don't read the bill, they're incompetent, not malicious. Either way, they shouldn't be in office.

    8. Re:Too early yet by commodore64_love · · Score: 3, Insightful

      As long as people walk into the voting booth going, "I have no idea who to vote for. I'll just vote for the name I recognize," politicians will sit in office for year-after-year. I suspect this is how we end-up with these lousy politicians like Conyers, who never bother to read the bills, and who should be kicked-out. We should be encouraging people NOT to vote if they have absolutely no clue what they are doing. i.e. Don't vote just for the sake of voting.

      This is what I did in the last election - I voted for my president, my senators/congressman, and then saw a whole bunch of names for lower-level people I never heard of. Rather than make a random guess, as many voters do, I just left that part of the ballot blank. Sometimes a non-vote is better than just putting the previous bum back into office.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    9. Re:Too early yet by commodore64_love · · Score: 0

      I suspect ACORN, SEIU, and the other organizations/lawyers that are actually writing these bills probably do use version control - they simply don't share them with the congresscritters, because they would not understand how to use it.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    10. Re:Too early yet by commodore64_love · · Score: 3, Insightful

      Also when they do refer to the bill, they do so in a dishonest fashion. When our president said "Does not provide coverage for illegal residents," and some guy yelled "You lie", the congress persons and other media commentators immediately looked at the bill and said, "Right here - will not cover illegal immigrants."

      Yes it does say that. What it did NOT say, which nobody realized until about a week later, is that patients were not required to show any ID. The bill as written allowed people to simply walk into a hospital and demand healthcare, whether they were american, illegal residents, or foreign tourists just dropping-in for a visit.

      This bill just like the Patriot Act has a lot of loopholes and flaws, which will only be discovered later, after it's passed. And when the Congressperson says, "I didn't know that was in there," they should be immediately voted out.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    11. Re:Too early yet by DustyShadow · · Score: 2, Informative

      This isn't the health bill, but here is an example of the crap that Congress comes up with. This is unacceptable. These people earn almost $200,000 a year and this is the best they can come up with? They don't want to read it because they would then be forced to fix it.

      http://volokh.com/2009/09/23/recent-computer-crime-legislation-the-actual-text-so-you-can-read-it-yourself/

      Text of H.R. 5938 [110th]: Former Vice President Protection Act of 2008

      (a) In General- Section 1030 of title 18, United States Code, is amendedâ" (1) in subsection (a)(5)â"(A) by striking subparagraph (B); and(B) in subparagraph (A)â"(i) by striking â(A)(i) knowinglyâ(TM) and inserting â(A) knowinglyâ(TM);(ii) by redesignating clauses (ii) and (iii) as subparagraphs (B) and (C), respectively; and(iii) in subparagraph (C), as so redesignatedâ"(I) by inserting âand lossâ(TM) after âdamageâ(TM); and(II) by striking â; andâ(TM) and inserting a period;(2) in subsection (c)â"(A) in paragraph (2)(A), by striking â(a)(5)(A)(iii),â(TM);(B) in paragraph (3)(B), by striking â(a)(5)(A)(iii),â(TM); â(4)(A) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 5 years, or both, in the case ofâ" â(i) an offense under subsection (a)(5)(B), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused)â" â(I) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value; â(II) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals;â(III) physical injury to any persons; â(IV) a threat to public health or safety;â(V) damage affecting a computer used by or for an entity of the United States Government in furtherance of the administration of justice, national defense, or national security; or â(VI) damage affecting 10 or more protected computers during any 1-year period; or â(ii) an attempt to commit an offense punishable under this subparagraph; â(B) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 10 years, or both, in the case ofâ"â(i) an offense under subsection (a)(5)(A), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused) a harm provided in subclauses (I) through (VI) of subparagraph (A)(i); or â(ii) an attempt to commit an offense punishable under this subparagraph; â(C) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 20 years, or both, in the case ofâ" â(i) an offense or an attempt to commit an offense under subparagraphs (A) or (B) of subsection (a)(5) that occurs after a conviction for another offense under this section; or â(ii) an attempt to commit an offense punishable under this subparagraph; â(D) a fine under this title, imprisonment for not more than 10 years, or both, in the case ofâ" â(i) an offense or an attempt to commit an offense under subsection (a)(5)(C) that occurs after a conviction for another offense under this section; or â(ii) an attempt to commit an offense punishable under this subparagraph; â(E) if the offender attempts to cause or knowingly or recklessly causes serious bodily injury from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for not more than 20 years, or both; â(F) if the offender attempts to cause or kn

    12. Re:Too early yet by plover · · Score: 1

      Unfortunately, half the voters are going to be of below-average intelligence, no matter what you do. For example, appealing to them with lawn-signs is an effective tactic -- if you can get them to remember your name for the two minutes it takes to drive by the sign and enter the polling place, you have a chance. Politicians don't get elected by the percent of "educated votes" they get, it's the total of "all votes" that wins. There is no incentive for them to change that. What you did by not-voting was to give the lawn-sign-mentality crowd more of a voice. Even a random choice on your part would have diluted their effectiveness.

      The next problem is that of "educated voters". Sure, we all say we want informed people to go to the polls. But no, politicians don't actually want that, either. They only need people that will vote for them, and not the people who will vote for the other guy. So there's no incentive for them to assist in educating the voters, especially if their position might scare off half of those that understand it. It's far more effective to put on a circus that appeals to a larger quantity of stupid people than it is to make carefully reasoned arguments that appeal to only a handful of the smart people.

      --
      John
    13. Re:Too early yet by Strilanc · · Score: 1

      That might be interpreted as apathy. It would be better to vote for a *random* candidate in that case. It's unlikely to change the outcome of the election, even if a bunch of people do it, but it sure makes it look close!

      In cases where it does swing the election... well, then its likely so many people were misinformed that random chance is better at selecting and "putting the fear" in leaders anyways.

    14. Re:Too early yet by Anonymous Coward · · Score: 0

      I don't believe most politicians are evil or subversive...

      Yes, they are. To be a politician is to be without morals or any redeeming quality.

    15. Re:Too early yet by TheWoozle · · Score: 1

      What it did NOT say, which nobody realized until about a week later, is that patients were not required to show any ID

      ...and that's a GOOD thing. Let me give you an analogy to programming: should your business requirements specify a particular algorithm or data structure? Whether or not someone has to show an ID is an implementation issue, not part of stated requirements. Which ID? Driver's License? Passport? Social Security Card? National ID?

      Good laws state WHAT should happen, not HOW it happens.

      --
      Insisting on "correct" English is like saying that there is only one, definitive recipe for chili.
    16. Re:Too early yet by commodore64_love · · Score: 1

      >>>Even a random choice on your part would have diluted their effectiveness.

      I can't believe you just said that. Maybe I should have just voted Conyers, because I recognized his name. (rolls eyes). "Guess the answer that sounds familiar" may work on a test because you have nothing to lose, but doing that in a voting booth does have negative consequences - you get the same shitty bum for 30 or 40 years, simply because he has brand recognition.

      "I never heard of this Ubuntu or Apple stuff... I'll just buy Windows. Yeah its crap but at least I recognize the name."

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    17. Re:Too early yet by Hatta · · Score: 3, Informative

      The bill as written allowed people to simply walk into a hospital and demand healthcare, whether they were american, illegal residents, or foreign tourists just dropping-in for a visit.

      How is that different than the situation we have today?

      --
      Give me Classic Slashdot or give me death!
    18. Re:Too early yet by Anonymous Coward · · Score: 0

      You really should learn about those "lower-level people [you] never heard of." They probably have a larger effect on your every-day life than do those in DC, and your vote is several orders of magnitude stronger. Bothering to learn about the national politicians enough to vote for them, but not doing the same for local politicians, is just dumb - if anything, it should be the other way around.

    19. Re:Too early yet by SingingZebra · · Score: 1

      Remember that a key point of legislation is to carve out earmarks for your buddies without upsetting the general electorate too much. Version control would let the public know who's staffer inserted which earmark. The loss of plausible deniability might bring the whole system down. Without being able to feed your special interests, how would you ensure that you keep getting reelected each year?

    20. Re:Too early yet by plover · · Score: 1

      When I said random, I meant literally random. Roll the dice. By doing so, you dilute the effectiveness of the lawn-sign politicians (those with literally name-only recognition.)

      Now, if you actually have an opinion (as you obviously do) no matter how strong or weak, vote it. That's your first responsibility. But I was replying to your very specific words:

      >>>"saw a whole bunch of names for lower-level people I never heard of. Rather than make a random guess,"

      My point was that a mathematically random guess would have been more fair to the process than to give support to the guy with the biggest lawn sign; you would have more impact than not voting at all.

      --
      John
    21. Re:Too early yet by Majik+Sheff · · Score: 1, Interesting

      Unfortunately lawyers LOVE loopholes/weak points; any law that lacks absolute ironclad specifics about implementation WILL be subverted immediately. This is how lawmakers can say "I did something about this" without actually changing anything.

      --
      Women are like electronics: you don't know how damaged they are until you try to turn them on.
    22. Re:Too early yet by Anonymous Coward · · Score: 0

      is that patients were not required to show any ID.

      Now that is really amazing as our Nordic welfare state is requiring us to provide the social security card and the national ID card unless the social security card is of the type of a valid ID. Socialized or privatized healthcare in America? It really appears as if the Americans couldn't choose any kind of a middle way in lots of issues.
        Perhaps a law written in a language suited for the reader, that is, the person the law concerns would really help the democratic development also in the America. If the language of law is so incomprehensible as it is, why not to take the logical next step and code the law with logical clauses suitable for a theorem prover? This would not be the infamous national ERP project the Soviet Union is said to have tried, after all.

    23. Re:Too early yet by commodore64_love · · Score: 1

      In some cases, if I know that both candidates are equally lousy, I will vote for the one who's not in office. It's good to have change.

      Of course this is all academic. The average voter doesn't put ANY thought into his vote. He just walks in, flips switches next to whatever name he recognizes, and goes back to his life. "Hmmmm... for Congress. Windows (D), Mac (R), or Linux (L). I never 'eard of those other guys. I'll just vote Windows. Now I wonder what the old woman's having for supper."

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    24. Re:Too early yet by man_of_mr_e · · Score: 1

      What it did NOT say, which nobody realized until about a week later, is that patients were not required to show any ID. The bill as written allowed people to simply walk into a hospital and demand healthcare, whether they were american, illegal residents, or foreign tourists just dropping-in for a visit.

      So.. you're saying that people should be refused healthcare if they don't have ID?

      So you're really saying that if you are in a bus accident and your wallet gets lost, and you're bleeding like a stuck pig, the hospital should just tell you to go away? Seriously?

    25. Re:Too early yet by CodeBuster · · Score: 5, Insightful

      How is that different than the situation we have today?

      The taxpayer would get stuck with all of the unpaid hospital bills (right now the hospitals eat them or try to make up the cost on those who have credit and can pay). Right now you only pay if you visit the hospital, but if the taxpayer has to pick up the tab then everyone pays regularly, even healthy people who rarely need hospital services. As bad as the present situation is this only makes it worse. The grandparents are correct: this bill is dishonest and the Democrats are pushing it dishonestly...period. Why do the Democrats shy away from having a head on debate about socialism and socialized medicine? Shouldn't they be proud of their socialism? Why do they try to sneak it through the back door? If their true position is too weak to stand up to real debate then they deserve to fail.

    26. Re:Too early yet by runexe · · Score: 1

      Considering many hospitals are funded through their municipalities (counties, etc.), I don't see how this ends up being a dramatic change. If someone gets treatment and isn't able to pay - the hospital eats the cost == the funding source (city/county/state/paying customers/etc.) eats the cost. So, how is this any different from the situation we have today?

    27. Re:Too early yet by Anonymous Coward · · Score: 0

      > You have the politicians you vote for, you know, at least in the part of the world with direct elections.

      I think you may be confused. In the States we have the politicians who obtain the nomination of one of the two major parties and the majority of votes (sometimes) of those who go to the polls. That has very, very little to do with who I vote for. That's not always a bad thing...

    28. Re:Too early yet by Anonymous Coward · · Score: 0

      Because this one's promises that everyone will be happy.

      Oh, and a democrat made it. Also, his name is Obama. So, sunshine and rainbows.

      Stop doubting the power of *change* you anarchist. Sheesh.

    29. Re:Too early yet by Ungrounded+Lightning · · Score: 1

      The bill as written allowed people to simply walk into a hospital and demand healthcare, whether they were american, illegal residents, or foreign tourists just dropping-in for a visit.

      How is that different than the situation we have today?

      Currently:

        - Hospitals are only required to perform the care necessary to stabilize immediately life-threatening problems. (That's why there's no co-pay collection at the emergency room but there IS at the urgent-care walkin and the other clinics. And why many illegals use the E-room for everything from a broken arm to a kid with a cold.)

        - Hospitals pick up the tab for the bills they can't collect. This means most of it ends up (drastically) raising the rates of the people who DO pay. And it also means, when the cost gets TOO high, that some hospitals must chose between closing the E-room and closing the hospital. (This is why some private hospitals are closing E-rooms or whole hospital complexes in dense urban areas, selling out to non-profits and government-run healthcare system, etc.)

      Obamacare, if essentially ANY of the claims about it are true, would mean the on-demand try-to-collect-later health care would be across the board, not just emergency service.

      This is expected to raise the cost of private insurance until it can't compete with the "public option". Then the private insurance plans fold and everybody but the hyper-rich ends up on the government plan.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    30. Re:Too early yet by Curunir_wolf · · Score: 1

      ...and then saw a whole bunch of names for lower-level people I never heard of. Rather than make a random guess, as many voters do, I just left that part of the ballot blank. Sometimes a non-vote is better than just putting the previous bum back into office.

      Next time, vote for the non-incumbents. Always a safe choice.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    31. Re:Too early yet by commodore64_love · · Score: 0

      >>>>>What it did NOT say, which nobody realized until about a week later, is that patients were not required to show any ID
      >>
      >>Good laws state WHAT should happen, not HOW it happens.

      FALSE. If a law doesn't specify "check patients IDs" then the U.S. federal organization responsible won't be able to check. We just had that problem with the DTV Converter Box Coupon program. Approximately half the coupons expired unused and several million dollars just sat in the Federal Trade Commission's bank account. The head of the FTC said, "We're not allow to reissue expired coupons because the law does not authorize it." So in February Congress passed a additional law to authorize the re-issuing of coupons.

      It's the same deal with the Obamacare bill. It might say illegal aliens are not eligible, but if it doesn't authorize the checking of IDs, then the federal organization won't be able to demand your ID. This is how negative law works - the government official does not act unless the law says he can act.

      Our constitution is the same deal. Congress may not exercise any power it has not been explicitly given.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    32. Re:Too early yet by commodore64_love · · Score: 2, Insightful

      >>>many hospitals are funded through their municipalities

      Not where I live. All the hospitals are private businesses that rely upon having a positive cash flow to survive. One of them is owned by a church, which is strictly forbidden from receiving ANY taxpayer money (separation of church and state). The biggest hospitals in this region are owned by magacorporations. So when a poor person comes-in for emergency care, and can't pay the bill, the money comes out of the megacorp's pocket.

      i.e. The ultrarich cover the cost of the poor who have no money.

      As it should be. People say our healthcare system is broken, but that statement makes me think it's almost perfect and just needs some tweaking. Is it expensive? Well of course. So is repairing your car or your house. Turning the repair of your car, your house, or your body over to government is not going to magically make those costs become free.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    33. Re:Too early yet by commodore64_love · · Score: 1

      >>>raising the rates of the people who DO pay

      No. It means the cost is borne by the megacorporation that owns the hospital. i.e. The ultrarich pay for the poor. As it should be; that's the progressive ideal.
      .

      >>>Then the private insurance plans fold and everybody but the hyper-rich ends up on the government plan.

      Just exactly what happened in the United Kingdom.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    34. Re:Too early yet by commodore64_love · · Score: 0, Flamebait

      >>>o you're really saying that if you are in a bus accident and your wallet gets lost...

      I really hate strawman arguments. If that's what I had meant to say, then I would have said it. NO. I'm saying people should still get mandatory healthcare from hospitals, just like now, but that the cost will not be paid by the government if they are illegal residents or foreign visitors. They will have to pay the bill themselves.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    35. Re:Too early yet by bfields · · Score: 1

      Congress doesn't want us to know what the bills say

      Oh, please. Other versions are available too. Wikipedia is one starting point for pointers and summaries.

      Aren't you bothered that most in Congress don't read the bill before they sign it

      Citation needed.

      In any case, Linus doesn't read every line of code that goes through his mailbox, either. It *might* be technically possible, if he did it too quickly to understand it well, and didn't spend any time on anything else, but it would be a stupid use of his time. Instead, he delegates work to maintainers and is able to focus on particular areas that need it.

      Want code to be better reviewed? Great, work on that, but don't get sidelined by a narrow focus on whether everyone's eyes passed over each word of some bill.

    36. Re:Too early yet by bfields · · Score: 1

      patients were not required to show any ID. The bill as written allowed people to simply walk into a hospital and demand healthcare

      Err. What part of the bill does that?

    37. Re:Too early yet by ahabswhale · · Score: 3, Insightful

      Bullshit. Are you so fucking stupid as to believe that you don't already pay for their health care? Really? Are you that ignorant as to how this all works? Do you have Beck and Limbaugh cock shoved so far up your ass that you just can't see straight? You, me, all of us already pay for illegal aliens who go to hospitals for emergency care because by law they must treat anyone who comes in for emergency treatment. So how do you think this is paid for? Do you think hospital administrators wave wands that shoot magic pixie dust in the air to summon the money? So they jack up the prices. These prices get reflected in your insurance rates. Furthermore, what if they modified the bill to require ID. Do you know how easy it is to fake ID? It happens every day at every bar in America. Should the hospital tell the guy bleeding all over their floor to wait a few days so they can do a full background check before they treat people? Seriously, wake the fuck up to reality. You just don't get it. You're so concerned about the "socialism" bogeyman you can't see the forest for the trees. There is no capitalism in health care as it exists today. There is no real free market for health care except for things that aren't covered by health insurance. Public health care actually creates freedom because you're not dependent on a corporation to take care of you.

      --
      Are agnostics skeptical of unicorns too?
    38. Re:Too early yet by PachmanP · · Score: 1

      In any case, Linus doesn't read every line of code that goes through his mailbox, either. It *might* be technically possible, if he did it too quickly to understand it well, and didn't spend any time on anything else, but it would be a stupid use of his time. Instead, he delegates work to maintainers and is able to focus on particular areas that need it.

      We don't pay Linus 200k + massive expenses every year to read the code he approves. What are we paying these guys so much for if it's not to read and understand the bills?

      --
      You're thinking small. Why miniaturize the laser, when we could instead enlarge the sharks? -John Searle
    39. Re:Too early yet by AuMatar · · Score: 1

      Sure. For example in my last election I could have voted for the non-incumbent who wants the county government to buy a silver mine so we can mint out own coins and pay our debts in them. That'll help tons.

      Voting against the incumbent without looking at performance is every bit as idiotic as voting for the guy who looks better, or the one you'd like to have a beer with. If you aren't going to make an honest assessment of a candidates ideals and abilities, don't vote.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    40. Re:Too early yet by Anonymous Coward · · Score: 0

      The democrats don't want "head on debate", because such debates always involve propaganda from the bill's opponents. Forget dishonesty...the Republicans have been pushing flat-out lies about this bill. Like "death panels". Or that it constitutes socialism. Lots of capitalist countries have socialized medicine...it's not the same thing as a socialist economy. Actually, your ignorant post is a perfect example of why the Democrats do not want open debate about this.

    41. Re:Too early yet by CodeBuster · · Score: 1

      Ordinarily I don't reply to trolls. Howver, I felt compelled to respond in this case due to the completely false portrayal of my own position on the health care debate; which, I might add, was neither stated nor implied by my previous post; which focused on why the left resorts to dishonest chicanery to sell their bill while attacking critics with vicious ad-hominem instead of arguing the merits.

      The parent should remember that most of us, at least those who have insurance, do not pay for it directly. We receive our health insurance through our employers and the price is reflected somewhat in our wages in that, at least theoretically, those wages are lower than they otherwise would be if we did not receive health insurance as part of the bargain. In fact, the only reason why most of us presently get our health insurance through our employers is due to an accident of history, dating back to WWII, and continued up to the present day through perverse incentives in the tax codes. For those who are interested might I suggest the following article?

      Now as for all of us paying through higher hospital bills, if the parent had taken the time to read my entire original post then he would have seen that I do indeed acknowledge that hospitals pass costs onto patients who are both more able and have greater incentives to pay (i.e. they have assets and they care about their credit). However, it is NOT true that all of us use the same amount of hospital services. Some of us use more and some of us use less. I myself have been in hospitals only a couple of times in my entire life thus far and none recently (last 10 years). So, even if it did cost somewhat more I am probably still ahead of the cost curve on hospital expenses vs having to pay regularly for 10 years (through taxes) even though I didn't use any hospital services. I suspect that many younger people fall into this same category.

      Finally, the tone of the parent in suggesting that "public health care creates freedom" suggests that he is not among those of us who pay a lot of the taxes in this country. I am now in the top quintile (according to the IRS) and let me tell you, I pay a lot of taxes. If paying even more taxes creates "more freedom" then it certainly isn't creating it for me. Lastly, if the parent is going to ask me to pay for his health care through higher taxes then he can at least extend me some common courtesy and ask nicely instead of spitting in my face and demanding that I pay to take care of him (the sense of entitlement among some on the left is really quite incredible actually).

    42. Re:Too early yet by Curunir_wolf · · Score: 1

      When a loaf of bread costs $25 of fiat money, you might wish you had voted for that guy.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    43. Re:Too early yet by CodeBuster · · Score: 1

      The democrats don't want "head on debate", because such debates always involve propaganda from the bill's opponents.

      It is possible to conduct the debate in a setting where such propaganda would not be able to interfere, but it would require a more formal setting and rules. The series of debates recently conducted by The Economist provide good examples of how real debates should be conducted.

      the Republicans have been pushing flat-out lies about this bill. Like "death panels".

      This is true. The "death panels" and "pulling the plug on grandma" were equally bad and dishonest tactics. However, two wrongs don't make a right as they say.

      Or that it constitutes socialism.

      If a system is not voluntary then it is socialism. Whether this is a good or bad thing depends upon your points of view, but we should not confuse socialism with freedom because in fact they are opposites.

      Lots of capitalist countries have socialized medicine...it's not the same thing as a socialist economy.

      It takes one major sector of the economy and socializes it. Again, whether you believe that is good or bad depends upon your point of view but it means that some part of the economy is now socialist. Socialism is an easy concept to grasp. It sounds good to many people and it is easy to understand the appeal, but the promises of socialism often ring empty in the end. The arguments for freedom, free enterprise and free trade on the other hand are much more subtle and difficult to understand. However, they ultimately produce a better and more prosperous society where they are allowed to grow and reach their full potential.

      If you believe that socialized medicine is a good idea then ask yourself this: if taxes are high to pay for, among other things, universal single-payer health care would you feel like working as much or as hard? In the UK, for example, taxes are very high in order to pay for the National Health Service. High taxes create disincentives to work on an individual basis AND they create disincentives for businesses to hire additional workers. As former prime minister Margaret Thatcher put it, "The problem with socialism is that eventually you run out of other people's money".

      I believe that we could have the best system in the world, better than what we have right now and better than socialized systems overseas, if we would just following this plan, which was proposed by Milton Friedman back in 2001 (he was a bit ahead of the times on the health care debate). So actually, a lot of us want the same thing: good quality health care at reasonable prices. We simply disagree on the best means to obtain it.

    44. Re:Too early yet by commodore64_love · · Score: 1

      >>>what if they modified the bill to require ID

      Already done, about one week after the "you lie" incident. Now if you want government care you have to show your ID to prove you're a citizen. As for poor people getting free healthcare in the ER, that money comes out of the megacorp's pocket.

      i.e. The ultrarich megacorp covers the cost of the poor who have no money. As it should be. People say our healthcare system is broken, but that statement makes me think it's almost perfect and just needs some tweaking. Is it expensive? Well of course. So is repairing your car or your house. Turning the repair of your car, your house, or your body over to government is not going to magically make those costs become free.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    45. Re:Too early yet by GWRedDragon · · Score: 1

      Not exactly. The real problem is the system of having primaries to determine the candidates for the general election. The people who vote in primaries tend to be much more attached to their party, and because of this they would rather have their party win even if the candidate is of poor quality. Thus, they more often choose the incumbent, because they are the sure thing.

      By the time the general election rolls around, the issues that will be at stake have already mostly been chosen for you (by the small proportion of primary voters).

    46. Re:Too early yet by ahabswhale · · Score: 1

      First off...ad hominem attacks? Really? My attack was not ad hominem since I determined you're a brainwashed idiot based on a reasoned analysis of your statements -- not you as person simply because you happen to be conservative. In fact, there are several conservatives I get along with just fine because they are REAL conservatives not the modern version (which has nothing whatsoever to with conservatism).

      ROFL...you think because you don't go to the hospital much that your health care costs are lower? Seriously, what fucking country do you live in. Your use (or lack thereof) has absolutely nothing to do with what it costs you (or your company). It's EVERYONE's use that actually matters. So you DO pay for illegal aliens right now. However, they aren't the reason health care is expensive. The reason is that the country is full of people who cannot control their weight or do anything toward a healthy diet.

      As for me not being one who pays a lot of taxes...think again. I'm an independent contractor who gets to pay both the employee and employer side of taxes. Even if you look purely at my personal taxes, I may more as a percentage in taxes than McCain's wife did the year prior to her husband running for president when she had over $10 million in income and paid about 14.5% in taxes. I make well over $100k. I don't need a lecture about taxes. However, I don't understand how anyone with two brain cells to rub together cannot figure out that you are paying a huge health care tax now in the form of rapidly growing insurance rates. Guess how much mine has gone up in the last 2.5 years (which is fully funded by yours fucking truely)? 35 FUCKING PERCENT. I've never had tax increases like that. Bring on the fucking IRS I say. At least they will give me some lube to go with the anal probe.

      Also, I don't ask that you take care of me one fucking iota. I've taken care of myself since I turned 19 and left my parent's house. Do you have kids? Cuz I'm taking care of your little brats going to school. Fuck that. Why don't you fight for that? I shouldn't have to pay taxes for other people's children to get an education.

      Finally, I'm not a liberal or democrat. I'm a centrist. I find both parties an abomination that's doing everything in their power to fuck up the country (courtesy of the lobbyists that control them). If you think these people give one flying fuck what you think, you're an idiot. They only care what the lobbyists think...you know, the people who actually write the bills. I view anyone who sides with one of these parties as deluded and ignorant and brainwashed. For the record dipshit, I voted for Reagan...TWICE. But George W...no fucking way...he was obviously a moron from day one. Seriously, how could anyone with a brain or conscience vote for that piece of shit?

      --
      Are agnostics skeptical of unicorns too?
    47. Re:Too early yet by ahabswhale · · Score: 1

      What are you smoking? You think the "megacorp" can manufacture money? No, they get it from you. And if you think our system is "almost perfect" than wow...I wish I lived in the same fantasy land as you. It sounds like a much better place than where I live.

      --
      Are agnostics skeptical of unicorns too?
    48. Re:Too early yet by Anonymous Coward · · Score: 0

      How is that different than the situation we have today?

      The taxpayer would get stuck with all of the unpaid hospital bills (right now the hospitals eat them or try to make up the cost on those who have credit and can pay). Right now you only pay if you visit the hospital, but if the taxpayer has to pick up the tab then everyone pays regularly, even healthy people who rarely need hospital services.

      (Important: European without knowledge of us healthcare system reading)

      To me what you are saying reads like this:
      Today, if someone goes to hospital and does not have money, he is treated anyway (is that really so?). The unpaid bill is then distributed over other people going, and who actually can pay.
      Now, why should people who are able to pay for treatment, but just had the bad luck to be ill (and it largely is bad luck or other things, that you do not have control over) pay for these bills? They would be actually punished twice for falling ill and going to hospital, which would in turn probably raise costs, because people would not go to screenings or generally get their treatment too late.
      Would it not be justified to distribute these payments over the population?

      I probably do not understand this because I am a conservative european, i.E. a freaking commie.
       

    49. Re:Too early yet by notknown86 · · Score: 1

      Why do the Democrats shy away from having a head on debate about socialism and socialized medicine? Shouldn't they be proud of their socialism? Why do they try to sneak it through the back door? If their true position is too weak to stand up to real debate then they deserve to fail.

      Because the majority of Americans are too damn stupid to consider an idea which (demonstrably) works well in the majority of Western countries simply because the word "socialized" is attached to it; and Obama and Co. are smart enough to frame that good idea in a way that is less flammatory and more likely to resonate with a majority of their electors.

      Or, to reframe in less flammatory terms to be more likely to resonate with a majority of the readers... "Politics" sums it up.

    50. Re:Too early yet by Zironic · · Score: 1

      That is not how separation of church and state works. Religious organizations are not barred from receiving taxpayer money, the government is barred from favoring any particular religion.

      Thus religious organizations can get funding the exact same way secular organizations.

    51. Re:Too early yet by GNious · · Score: 1

      Just checked with the wife - at least the EU commission has this: Track Changes in Microsoft Word.

    52. Re:Too early yet by Anonymous Coward · · Score: 0

      Agini, how is that different from today? Some tax payers are also insurance customers. Granted costs are hidden from them because their employer buys the insurance, but we are all paying for these things today in one form or another.

      You right-wing nuts are really sickening.

    53. Re:Too early yet by extrasolar · · Score: 1

      What it did NOT say, which nobody realized until about a week later, is that patients were not required to show any ID. The bill as written allowed people to simply walk into a hospital and demand healthcare, whether they were american, illegal residents, or foreign tourists just dropping-in for a visit.

      I don't understand this argument, and yeah I've heard the same thing on the airwaves. But the only conclusion I can come up with is that you and other conservatives don't want to allow illegal immigrants access to the emergency room if they need it. Or even worse, if I'm in a head on collision with a drunk driver and the paramedics weren't able to find my wallet in the wreckage, the hospital won't be able to verify my citizenship and therefore I don't get treatment.

      Now it boggles the mind that anyone would actually argue that, but I've also come to realize that a lot of people are so angry about illegal immigration that they will go to any length to make life here as horrible as they can for them. It's not that I agree with illegal immigration either. We have national borders and crossing those borders illegally should be considered a criminal act. However, I'm also a humanitarian. Even native criminals get to have medical treatment. And, yes, they get to go to the emergency room. So, if you agree that crossing the border is a criminal act, then you should treat illegal immigrants the same way we treat other criminals.

      And no medical treatment for foreign visitors who are here legally? Are you kidding me? If you're visiting Spain and have a heart attack, you'd rather be forced to endure an international trip back to the US to get treatment? That's beyond the pale.

      If you want illegal immigration reform, we should wait until that is the actual item on the agenda. Health reform is about insurance reform. Illegal immigration reform, which is badly needed, will be taken up later. This is obviously an attempt to hijack the agenda by using people concerned about illegal immigration to undermine the work for health reform. I'd just recommend that you and Joe Wilson cool down and keep your eye on the ball. I just hope that when illegal immigration reform does happen that people like you will have enough decency to treat people here illegally humanely. And by humanity I just mean that tiny bit of positive respect that we give, or at least ought to give people, even our worst enemy. I don't see illegals as our enemy either, but as rather desperate criminals who are escaping the hell that Mexico has become. It is just like a thief who steals in order to feed his family. He is still a criminal and has broken the law. But to say that because he's a thief he doesn't deserve medical treatment is beyond the pale, in my opinion.

    54. Re:Too early yet by extrasolar · · Score: 1

      Just so you know, in my other response to you, I read your post the same way. You objection was that anyone could walk up and get treatment. The appearance was you were offended that they were able to get treatment at all. This message says you're offended if they don't have to pay for their mandatory treatment. That makes more sense to me. I think you should be sure to include that in future posts on this topic :)

    55. Re:Too early yet by bigpat · · Score: 1

      Shouldn't they be proud of their socialism? Why do they try to sneak it through the back door? If their true position is too weak to stand up to real debate then they deserve to fail.

      I thought you were heading in the right direction when you said the bill is dishonest, but I disagree that it is heading towards socialism. This bill is just a corrupt abomination, not the product of a coherent policy of socialism or anything that cohesively rational. It is a giant give away to the insurance industry which allows them to continue to raise premiums beyond the breaking point. People in droves were deciding to decline health insurance because it was too expensive, a trend that was threatening insurance companies growth. People would be a lot better off with medical savings accounts (that actually carried over each year) even subsidized savings accounts would be better. But this way with mandated purchase of insurance, people won't have the option to save their money. And if you actually do get sick and can't afford the insurance anymore because you are out of work, then you get stuck on the public dime anyway because the insurance companies get to walk away with all the money that you gave them over the years and you get nothing to show for it.

      Forget socialism, the US government is running a Ponzi scheme.

    56. Re:Too early yet by bigpat · · Score: 1

      I agree that this isn't about coverage because everyone is already covered... this is about equity of who pays what. This bill screws over the middle class to pay for the poor and subsidize the rich. Give me a 2.5 percent tax on everyone, like Medicare and then give everyone the same basic 2 doctors visits a year and free emergency room care for actual life threatening emergencies. Don't screw over the middle class with health insurance that is cheap enough to buy, but has too high deductibles to actually use. Making people pay 5 to 10% of their incomes to high deductible health insurance, leaving them no money to actually pay out of pocket for their own health care, for something that has no value, is wrong.

    57. Re:Too early yet by Anonymous Coward · · Score: 0

      Because they aren't socialist and you have no idea of what that word means.

    58. Re:Too early yet by Monsuco · · Score: 1

      You're so concerned about the "socialism" bogeyman you can't see the forest for the trees. There is no capitalism in health care as it exists today. There is no real free market for health care except for things that aren't covered by health insurance. Public health care actually creates freedom because you're not dependent on a corporation to take care of you.

      Things that aren't covered by insurance, such as cosmetic surgery and LASIK have consistently declined in price. They are free markets, and they work wonderfully. The fact is the more distorted a market is, the less effective it is. The most regulated sector of the economy is healthcare. Also at the top of this list are airlines, utilities, low income mortgages, and labor. In all of these cases the government came in to solve a percieved "market failure" and delivered a cure far worse than the disease. Rather than adding more power to this particular sector, why not strip regulations out. Allow hospitals to decline care for non-emergencies, remove employer mandates, ban states from discrimination against out of state insurance companies, eliminate mandates that all insurance must cover some particular condition, allow for more a-la-carte purchases of care or coverage, streamline FDA approval (or make it so that approval is automatic if the drug has already been approved for use in numerous other 1st World Countries), and enact broad tort reform that would halt the need to perform "defensive medicine" and pay massive malpractice insurance coverage rates (this would likely benefit a large portion of our economy, not just medicine). Unlike the socialized option or the current market, this would actually be a relatively free market, and unlike the heavily subsidized "public option" which could run up cost in the trillions, this plan doesn't cost anything. If we wanted to do something that does cost money, we could eliminate the restrictions on health savings account, or better yet, switch to a tax code like FairTax that doesn't discourage saving like the current code does (although FairTax essentially doesn't cost anything, as it is roughly revenue neutral assuming it is passed without adding special exemptions or other crap in).

    59. Re:Too early yet by ahabswhale · · Score: 1

      You're right, regulation is the problem. After all, when they deregulated the airlines, prices went down...oh wait, they didn't. Or when California deregulated its energy market, the competition went up and the price went down...oh wait, it didn't. Enron rigged the market and bilked California out of $30 billion dollars causing many old people to die because they couldn't afford electricity in the middle of a hot California Summer. Or, hey we could deregulate Wall Street...oh wait, we did and they fucked the whole world up the ass.

      Sorry but you need to break from ideology and come to terms with realities. Regulations are unfortunate and there can be a fine line between too much and too little but they are necessary to prevent the massive fucking over of the common man. These regulations didn't appear for no reason. They came into being because companies were abusing their freedom at the expense of everyone else, so the government had to put in restrictions. Occasionally the government goes too far but the bottom line is that regulation is a response to rampant and unrepentant greed.

      FYI...I've read Friedman so don't think I don't understand the other point of view. Friedman doesn't address ethics at all. He ignores it as something unimportant. It's very convenient for someone who pushes for complete corporate freedom but completely unrealistic and irresponsible.

      --
      Are agnostics skeptical of unicorns too?
    60. Re:Too early yet by Anonymous Coward · · Score: 0

      And when the Congressperson says, "I didn't know that was in there," they should be immediately voted out.

      I'm sure you've read every legal document you've put your signature on too.

    61. Re:Too early yet by SEAL · · Score: 1

      The taxpayer would get stuck with all of the unpaid hospital bills (right now the hospitals eat them or try to make up the cost on those who have credit and can pay).

      To repeat the question: how is that different than what we have today? Let's go over how the taxpayer gets screwed by uninsured people, or worse yet, illegals - right now:

      Right now uninsured people use the emergency room for care because they cannot be turned away. And yeah doctors or hospitals may eat the cost like you mentioned. It also makes things even worse than uninsured clinic visits because it forces ER docs triage extra people, making it more difficult to quickly get to the serious cases.

      But let me then continue to a case in my old neighborhood where it got so bad that they finally just closed the ER(!). A large majority of the cases were uninsured gunshot victims due to gang activity in the area. The hospital, doctors, etc got fed up and shut down the ER. What happened then? Yeah you guessed it - those gunshot victims were *airlifted* to a hospital an hour away. How's that for use of taxpayer money?

      Bottom line is that the docs and hospitals "eat" the cost but it eventually gets passed along to you and me in the form of higher insurance premiums and higher taxes. And the result is more expensive than the initial case would have been in the first place.

      All in all, I have little respect for anyone who complains about health care overhaul and offers the status quo as reasonable or preferable. Leaving a large segment of the population out of the system in order to make it cost effective for the remainder is neither acceptable nor effective. It simply causes more problems like what I mentioned above.

      /rant off

    62. Re:Too early yet by man_of_mr_e · · Score: 1

      It's not a strawman at all. Your message said that the problem was that they were not required to show ID and should not get healthcare if they don't.

      What you're saying here contradicts what you said earlier, and is much more reasonable than your original statement.

    63. Re:Too early yet by JobyOne · · Score: 1

      Obamacare, if essentially ANY of the claims about it are true, would mean the on-demand try-to-collect-later health care would be across the board, not just emergency service.

      Do you have any idea how much more it costs the hospital to treat someone in the emergency room than it does to treat someone in the regular hospital?

      People are going to go to the hospital eventually, shouldn't we encourage them to go before it's a massive problem that requires emergency care?

      Let's assume for a moment that hospitals are required to treat anyone who needs to be treated (because I like to think we're all fucking human beings here). Let's also assume that they're going to have to eat the cost of treating illegal immigrants. Do you think it's more efficient for the hospital to eat the cost of $75 worth of antibiotics when somebody gets a sinus infection? Or would you rather they wait until it turns into pneumonia and they require intubation and a couple nights in intensive care (and still eat the cost)? Suddenly giving people access outside the ER looks a whole lot cheaper.

      As to the issue of requiring ID to be treated...that's fucking absurd. Let's do that, so instead of being treated I can bleed to death in the hospital waiting room because I forgot my ID in the rush of being injured.

      --
      Porquoi?
  2. If the legal code is too confusing by selven · · Score: 5, Insightful

    CHANGE THE LAW. Keeping the bible in Latin worked only for the priests and keeping the law in legal speak is working only for the lawyers.

    1. Re:If the legal code is too confusing by Idiomatick · · Score: 3, Interesting

      The goal isn't to make the law confusing (most of the time), the goal is to take power away from judges. If we wrote things to be not confusing they'd be simple. And while simple may seem nice it would mean handing control of the more complicated issues to the judges. That or you end up with huge miscarriages of justice.

      I would rather deal with complicated texts and have more power in the hands of the voters (theoretically) than which ever judge you happen to get. In small towns judges would have more power than anyone.

    2. Re:If the legal code is too confusing by jimicus · · Score: 4, Insightful

      So instead what winds up happening is the men and women voting for the law don't understand the law themselves.

      It gets voted in and suddenly there's a bunch of consequences which they never envisioned because the law gets implemented more-or-less as written and if that's radically different to what was intended - tough.

      This has already happened a few times in the UK with the Regulation of Investigatory Powers Act - local councils were given a bunch of snooping powers (which, we assume, were originally intended to help them weed out those who cheat council-administered benefits) are using them to track down the person who insists on putting paper in their glass recycling box.

    3. Re:If the legal code is too confusing by Anonymous Coward · · Score: 2, Insightful

      I would rather deal with complicated texts and have more power in the hands of the voters (theoretically) than which ever judge you happen to get. In small towns judges would have more power than anyone.

      That only works if the laws are kept simple enough that voters can control them. But if they are so complicated that voters can't even understand them (or even read hundreds of pages of legalese every time a new law relevant to them is passed), it won't work.

      Even representative democracy doesn't help here as most politicians don't read through all the laws they sign either. In the current system each politician may have hundreds or thousands of pages of text delivered to him daily (not only the legal text but all the expert statements, etc. etc.), often about subjects they aren't very familiar with (Such as IT) and it can't be expected that they read through all of that text and manage to catch all the minor loopholes.

      Then they can hire assistants to help them with that but it has a lot of problems too. (What laws are passed is no longer in the hands of the politicians but whether their assistants thought that some loophole was worth mentioning, if they even find it)

      IANAL but I know several people who study law. They tell me horror stories about arguing for hours if it should be considered drunk driving when a drunk person accidentally switches off the breaks when he is just taking something from the car. I would prefer simple laws and judges' ability to judge over this kind of system.

    4. Re:If the legal code is too confusing by Jurily · · Score: 2, Informative

      CHANGE THE LAW. Keeping the bible in Latin worked only for the priests and keeping the law in legal speak is working only for the lawyers.

      Sigh. Another round of religion-bashing.

      Keeping the bible in Latin worked because 1) Latin was the language of literacy throughout Europe, much like English is the language of commerce and international communication today worldwide; 2) none of the peasants could read anyway; 3) back then, it took years of work to copy a book, preserving all the artwork by hand - you might as well made sure everyone could read it when you're done; 4) most of the languages weren't exactly ready for these kinds of translations.

      To rephrase your argument: Keeping the API in English worked only for the programmers.

    5. Re:If the legal code is too confusing by Jacques+Chester · · Score: 2, Insightful

      Your analogy is flawed. Asking lawyers to drop legalese is like asking programmers to drop programming languages.

      --

      Classical Liberalism: All your base are belong to you.

    6. Re:If the legal code is too confusing by tmk · · Score: 1

      So instead what winds up happening is the men and women voting for the law don't understand the law themselves.

      That is an issue: Law makers habe to understand the decisions they are making. Of course not everybody has the knowledge to evaluate evry single consequence of every law, but the representatives have to keep the control.

    7. Re:If the legal code is too confusing by selven · · Score: 4, Insightful

      That's not the point. The bible was also read in Latin, after which the priest would helpfully interpret the Latin to the peasants in whatever way he wanted.

    8. Re:If the legal code is too confusing by selven · · Score: 1

      We need programmers. We don't need lawyers.

    9. Re:If the legal code is too confusing by Idiomatick · · Score: 1

      Nope, people vote for parties who have people in them who hire people that hire people that make laws. Still, the other way sucks too.

    10. Re:If the legal code is too confusing by Jacques+Chester · · Score: 2, Insightful

      Look, I gave up a law degree to do computer science. But the fact is that if aliens abducted lawyers and programmers, the lawyers would be jauntily farewelled and the programmers forgotten.

      But once the bank equipment stops being upgraded, people won't be saying "I wish we still had programmers". They'd be wishing they still had lawyers so they could work out how to get their money back without having to shoot people.

      --

      Classical Liberalism: All your base are belong to you.

    11. Re:If the legal code is too confusing by Idiomatick · · Score: 1

      Your last line was on my side :/ ... Writing down all these stupid situations and odd little complexities; While it may complicate the law and make lawyers necessary... It is better than having to argue that stuff in the court room.

      A politician having a moderate chance to understand a law he is passing is pretty bad I admit. But is using pure precedents and handing all the law making power over to judges better in any way? Just sounds like a way to make the courts more expensive (somehow amazing).

    12. Re:If the legal code is too confusing by agurk · · Score: 4, Insightful

      If programming languages was written in plain words we wouldn't need programmers, but the secret order of computer programmers refuse to do it that way - simple programming is not possible they claim. What they really are afraid of is the fact that normal humans (non programmers) could just diff the text to look for bugs and even make their own software.

      PS! A lot of the people here at slashdot.org are members of this secret order so they will probably mod me down and try to shut me up - BUT justice will prevail.

    13. Re:If the legal code is too confusing by digitig · · Score: 1

      Except that without the programmers they won't know how much, if anything, they are owed.

      --
      Quidnam Latine loqui modo coepi?
    14. Re:If the legal code is too confusing by obarthelemy · · Score: 1

      That's very true.

      Also, if we see laws as a bunch of code, I'm amazed there's zero maintenance done on them. We're still stuck with 200+ years old texts, whose language is so outdated as to be barely comprehensible.

      --
      The Cloud - because you don't care if your apps and data are up in the air.
    15. Re:If the legal code is too confusing by Anonymous Coward · · Score: 0

      That's easy. You take your last bankstatement to the bank and ask for your money nicely and politely. You could point out that it was produced by them and they therefor think it's accurate. If they don't give you your money the bankers are in fact dishonarable scoundrels and thieves. Then you shoot them.

    16. Re:If the legal code is too confusing by turing_m · · Score: 2, Informative

      Keeping the bible in Latin worked because...

      Methinks you doth protest too much. Surely keeping the bible in a language that only appointed priests could understand and have access to learning worked to the benefit of those priests and the people who had influence in appointing them (King, and Pope). The breaking up of this monopoly was a direct result of the invention of the printing press - which allowed plain English/German/Dutch/French translations to be mass produced for the first time. This caused bloody wars all over Europe. http://www.williamtyndale.com/0biblehistory.htm

      In fact, the wars to bring about the monopoly in the first place under Charles the Great were pretty bloody also: http://en.wikipedia.org/wiki/Massacre_of_Verden

      That being said, I'm not really convinced by the grandparent. I am not a lawyer but I do know that modern civilization with large populations is a very complicated thing. I don't believe it can run without a legal system that can cope with complex situations and come up with a ruling that at least largely works (or keeps some semblance of order). The language needs to be exact so that it can be interpreted accurately, hence, legalese has evolved. It is not comprehensible to the average Joe. However, because it is exact, a trained lawyer can interpret it and give a legal opinion that will probably be correct. A smart person usually has a good idea of right and wrong working through legalese - it just takes a long time. Even most libertarians are not so removed from Earth as to suggest that society can do away with courts (or military, or police). Whatever would be in place of the rules to stop people doing things that cause other people harm (usually having some sort of market basis) need to be exact enough.

      The same is true of software. There is no silver bullet that will enable people with average joe levels of intelligence to code software. The language used needs to be precise; there is no way around it. To get to the point where we can type in English "construct me a game where I run around and shoot things and have lots of fun" and have the computer pop out the next Crysis after compiling for a bit... for that we need strong AI. Until then we have an array of cryptic English-based languages, unintelligible to the layman. http://en.wikipedia.org/wiki/No_Silver_Bullet

      --
      If I have seen further it is by stealing the Intellectual Property of giants.
    17. Re:If the legal code is too confusing by langelgjm · · Score: 3, Insightful

      Nowadays, of course, everyone helpfully interprets the Bible to mean whatever they want it to, which is so much better.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    18. Re:If the legal code is too confusing by Hognoxious · · Score: 0, Flamebait

      They tried programming in plain language ... It was called C080L.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    19. Re:If the legal code is too confusing by foobsr · · Score: 1

      If programming languages was written in plain words we wouldn't need programmers

      Disagree strongly — e.g. imagine clarifying how a robot mimics human gait.

      CC.

      --
      TaijiQuan (Huang, 5 loosenings)
    20. Re:If the legal code is too confusing by Jane+Q.+Public · · Score: 1, Interesting

      Mr. Idiomatick, you win the award for the most convoluted, fucked-up logic I have seen in a long time. Yeah, we need to keep laws complicated so that judges don't understand them. Let's keep legal understanding away from the people we ELECTED to judge and enforce the law, and give that power to expensive lawyers instead.

      Yep, that must be right. Maybe in OZ, or Wonderland.

      Too bad you couldn't have said that a few days earlier. I would have tried to nominate you for one of those Ig Nobel prizes.

      Off with your head.

    21. Re:If the legal code is too confusing by dr2chase · · Score: 1

      No, you're owed what the judge says you are owed. The programmers draw the lines, the judge makes the calls, and the lawyer makes your case to the judge.

    22. Re:If the legal code is too confusing by alexhs · · Score: 4, Informative

      I think you're missing the point.

      Here is an example of bill.

      Go to section 3.

      You will see that the bill is actually a diff on previous laws.

      To read the law modified by this bill, you need to get the text of the laws referenced by this bill.

      Hence the idea of using a version control system, to be able to read side-by-side the law before and after the bill.

      --
      I have discovered a truly marvelous proof of killer sig, which this margin is too narrow to contain.
    23. Re:If the legal code is too confusing by commodore64_love · · Score: 1

      A lot of times the judges don't understand the complicated language either, which simply makes it easier to twist the words into whatever the judge wants it to say.

      I think Thomas Jefferson had it correct when he said, if the people cannot read the laws, how are they supposed to obey them? Therefore he advised putting them in plain English, just as the Constitutions are written.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    24. Re:If the legal code is too confusing by ianezz · · Score: 3, Informative

      Your analogy is flawed. Asking lawyers to drop legalese is like asking programmers to drop programming languages.

      If laws had the same nature of programming languages, we'd have robot lawyers by now.

    25. Re:If the legal code is too confusing by commodore64_love · · Score: 2, Interesting

      We're not really talking about writing to cover various loopholes. We're talking about writing in plain English, instead of jargon such as "the party of the first part and the party of the second part, on the first day of the seventh month of the procedural year (as defined in section 2.13.2) will be required..."

      They could just say, "Party 1 and party 2 on July 1 of 2013 will..."

      Lawyers write in complex language because it's job security... you can't read the law yourself; you have to hire a lawyer to translate. It's approximately-equivalent to a programmer who writes code that may be "brilliant" and work, but only he knows how to debug it or update it. I say we put-aside the jargon and demand that the law be written in 6th grade English. It can be as long as required to cover loopholes, but the average person with a 6th grade education ought to be able to read a sentence and understand what he just wrote.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    26. Re:If the legal code is too confusing by commodore64_love · · Score: 1

      >>>They'd be wishing they still had lawyers so they could work out how to get their money back

      FLAW - You don't need a lawyer to file a lawsuit and present your case before a jury of your peers. I think if all the lawyers disappeared, and the legal code was frozen in its current state, we'd get along just fine without them.

      Also I disagree that we have to complicate things. Some of the greatest ideas wre presented in simple fashion, such as E=mc^2 or F=ma or PE + KE == 0 (conservation of energy). If the complexity of the universe can be boiled-down to a few simple equations, we can do the same with manmade society. Simple is better in almost every situation.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    27. Re:If the legal code is too confusing by commodore64_love · · Score: 1

      I thought it was BASIC. Slow execution but very easy to understand. It was intended for the average person to just pick-up and start creating their own code.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    28. Re:If the legal code is too confusing by Anonymous Coward · · Score: 0

      If you're not smart enough to be able to read a statute, then you shouldn't be voting anyway.

    29. Re:If the legal code is too confusing by commodore64_love · · Score: 1

      Simple. They don't. A robot completely and totally fails to mimic human movement. Even with CGI humans on the screen, they fail spectacularly. The only CGI characters that look real are those that are just simple recordings of real humans... nothing complicated about that.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    30. Re:If the legal code is too confusing by commodore64_love · · Score: 4, Insightful

      Power to the People!

      What? I'm serious. Better to put the power in the hands of the people, than a priest class, lawyer class, or some other oligarchy.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    31. Re:If the legal code is too confusing by DannyO152 · · Score: 1

      The problem: someone nefarious cracks the server, and -boom- the law changes and it isn't clear what exactly the legislators approved and the Executive signed.

    32. Re:If the legal code is too confusing by Anonymous Coward · · Score: 0

      CHANGE THE LAW. Keeping the bible in Latin worked only for the priests and keeping the law in legal speak is working only for the lawyers.

      The Bible was originally written in Greek.

      When it started getting translated into local languages things started becoming a problem: does a certain mean "young woman" or does it mean "virgin" (e.g. in reference to Mary).

    33. Re:If the legal code is too confusing by Anonymous Coward · · Score: 0

      When the laws are so complicated I couldn't possibly understand them, how can I be expected to obey them?

    34. Re:If the legal code is too confusing by Anonymous Coward · · Score: 0

      You misunderstand. He is not claiming that we need to keep the laws complicated so that judges don't understand them; he's claiming we need to keep the laws precise, so that judges don't have room to interpret. Complexity is a consequence of this precision, since the world is complicated.

    35. Re:If the legal code is too confusing by Hognoxious · · Score: 0

      Nope. Basis was designed to be easy to learn, which isn't the same thin at all. It doesn't have all the ADD THIS TO THAT GIVING OTHER goodness that the unmentionable thing does.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    36. Re:If the legal code is too confusing by ztransform · · Score: 1

      So instead what winds up happening is the men and women voting for the law don't understand the law themselves.

      The laws themselves are irrelevant, all that matters is how the laws are interpreted.

      Visit Australia sometime. Over there the governing party regularly makes the tax office collect taxation on proposed taxes that subsequently are rejected in parliament. The money illegally collected from individuals is then paid in lump sum to whatever powerful lobby group is in bed with the government at the time (recently that would be the alcohol industry, in times past that was the petroleum industry amongst others).

    37. Re:If the legal code is too confusing by Attila+Dimedici · · Score: 1

      The goal isn't to make the law confusing (most of the time), the goal is to take power away from judges. If we wrote things to be not confusing they'd be simple. And while simple may seem nice it would mean handing control of the more complicated issues to the judges. That or you end up with huge miscarriages of justice. I would rather deal with complicated texts and have more power in the hands of the voters (theoretically) than which ever judge you happen to get. In small towns judges would have more power than anyone.

      Except of course complicated laws have exactly the opposite effect of what you say the purpose is. Complicated laws mean that no one is quite sure what the law means. This gives lawyers and judges greater power.
      Laws should be written simply and plainly, so that everyone can understand what they mean. Legislators should not try to cover every edge case. Once a law is passed and a court case comes up that covers an edge case, then if the judge decides the outcome contrary to the accepted norm, the legislature should write an amendment to the law fixing this particular "hole" in the law. Of course if legislators did not fell that they have to pass lots of laws it would help a lot too.
      Laws should also be tightly focused. The health care reform is a perfect example of one bill trying to do too much. With health care reform the proponents are claiming they want to address the problem of people who do not have adequate health care coverage and they want to address the problem of health care (and health care coverage) costing too much. In addition to those two items, some health care reform proponents claim to want to address various other "problems" with American health care. The various "problems" should be addressed separately. If you want to address people who do not have health care coverage, write and pass a bill which will address that issue. If you want to address the high cost of health, care write a bill to address that. If you want to address the high cost of health care coverage, write a bill to address that.
      There are two reasons for this. First if you are only worried about addressing one problem, it is a lot easier to see how to craft a solution. Second, if you are only trying to address one problem, it is a lot easier for the general public to determine if your bill will do what you are claiming it will do. Of course this second reason is why they write such complicated bills aimed at solving multiple problems, because it is much harder for the general populace to see the what the actual results of the bill will be.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    38. Re:If the legal code is too confusing by calidoscope · · Score: 1

      CHANGE THE LAW. Keeping the bible in Latin worked only for the priests and keeping the law in legal speak is working only for the lawyers.

      Sigh. Another round of religion-bashing.

      As long as w're on the subject of religion...

      When Scandinavia converted to the Lutheran church, the mother's duties included instructing their children on the teachings of the church. In order to do this, women had to be able to read, which meant that almost all girls had to have some sort of schooling. One consequence was that the women started having roles that went beyond just being wives and mothers.

      To get back on topic, a lot of the health care "reform" legislation is deliberately written to be obscure.

      --
      A Shadeless room is a brighter room.
    39. Re:If the legal code is too confusing by sjames · · Score: 1

      Just to confuse matters further, our laws are effectively a series of patches. Some of the patches are applied against a previous patch rather than to the 'base law'. Eventually, we get patches to patches to patches to laws, but each patch was created in a vacuum so that they don't necessarily take other existing patches into account. It's sufficiently complex that in some cases it's not actually possible to apply them all and see what the law now says.

      So, out of the confused mis-mash, a judge ends up free to decide whatever he wants anyway.

      Failing that, because legalese LOOKS like english but has a bunch of "very special" extra meanings and shades of meaning attached (sorta like the language spoken within crazy cults) the judge STILL gets to legislate from the bench by choosing odd meanings for the words based on a court case from the 18th century.

      That's where we get weirdness like "better than" effectively reading as "substantially as good as".

    40. Re:If the legal code is too confusing by TheRaven64 · · Score: 1

      There's an important difference. Computer programs have to be understood by both humans and computers, while laws only have to be understood by humans. Good programmers try to make it easy for humans to understand their code but, at the end of the day, if the computer doesn't understand it then it's broken, so if there is a trade between computers and humans understanding it then the humans lose. Laws, on the other hand, only need to be read by humans, and humans are expected (and legally required) to be familiar with all laws that are relevant to them.

      --
      I am TheRaven on Soylent News
    41. Re:If the legal code is too confusing by Idiomatick · · Score: 1

      Agreed... to a degree. Lawyers have no fear of job security due to lack of complexity in the law. If you were a lawyer or ever walked into a law library and saw a few thousand books you wouldn't think, crap if I don't make this one law a bit more complex then I could lose all my clients since they'll self defend. Lawyers in their lifetime maybe only get their hand in a few laws, usually fewer than 10 and usually tiny unique situations. So by making a law more complex they may get the chance to use it 2 or 3 more times in the rest of their career, I can assure you that this is NOT an issue.

      That said, bills ARE sometimes written in a complex fashion. This might be to hide certain things. But bills are passed by politicians who have staff to work out their complexities for them, while it is nice to think that there shouldn't be any at least there is some protection. Again the idea of opposition is used to weed out any complexities.

      Complexities are also inserted into bills for good reasons sometimes, being used to pass medicine bills. And by that I mean something that tastes bad but is good for you. Perhaps not as common as hiding things for nefarious reasons but it is there.

      Still, most complexity of the law comes from stupidity or idealism creating big structures of stupid law, next it comes from necessity, after that deceit. You have to realize law is a living thing like a language. Stupid laws sometimes get passed and then lawyers get to spend the next few years building a case for a loophole that eventually becomes standardized but you end up left with some horrible tumor, happens ALLLLLL the time. Hell we haven't had a major rewrite since 1300. Sure a bunch was changed when America was formed but there are still plenty of tumors left from back then. After that, the world is complicated the law reflects that, get over it. Then lastly deceit. We honestly couldn't squeeze in a high enough percentage of corruption without bills dying in the house if we tried.

    42. Re:If the legal code is too confusing by Idiomatick · · Score: 1

      I should have started with this analogy :/. Anyways, while we might need it a rewrite would be worse. Destruction and reformation of the country and no real rule of law for at least 50 years, maybe 100 to get back on track. I say we can wait until it breaks before fixing it.

      18th century? US law is based on English law or borrows heavily so try 13th century rules.

    43. Re:If the legal code is too confusing by b4dc0d3r · · Score: 1

      As Martin Luther said, that is between the individual and God. You have the right to deceive yourself, you should not have the right to deceive your congregation.

      Anyway, this analogy is crap because the judicial branch gets to interpret the legislative output, and whatever the judiciary thinks is what the law means.

    44. Re:If the legal code is too confusing by Anonymous Coward · · Score: 0

      What are you talking about???

      Simple laws give power to the judges???? How so???

      If anything COMPLEX laws take power from people and give to judges and other lawyers.

      If laws are simple you know the consequences of your actions, if laws are complex you need lawyers and judges

    45. Re:If the legal code is too confusing by b4dc0d3r · · Score: 1

      And no one is downloading or mirroring this data? No one has hard copies of the complete 2008 law? This is trivial compared to the benefits. Right now we have a situation where a page can change the law, and elected congresscritters have plausible deniability.

      I haven't found the source yet, but there was one case where a wording change was discovered to have been done by an aide without anyone's knowledge. This was on slashdot a while back.

      And yes, this has come up before. Lots of comments everywhere.

      http://www.google.com/search?q=congress+needs+source+control&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a

      http://www.wired.com/threatlevel/2009/03/federal-bill-wo/

      http://radar.oreilly.com/archives/2007/07/why-congress-ne.html

      http://tonybuser.com/post/189954813/congress-needs-a-version-control-system

      http://bexhuff.com/2007/07/congress-needs-version-control-system

      http://freegovinfo.info/node/1321

    46. Re:If the legal code is too confusing by commodore64_love · · Score: 1

      It still sounds like BASIC is closer to "plain language" than Cobol.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    47. Re:If the legal code is too confusing by vadim_t · · Score: 1

      But once the bank equipment stops being upgraded, people won't be saying "I wish we still had programmers". They'd be wishing they still had lawyers so they could work out how to get their money back without having to shoot people.

      If all programmers disappeared, modern society would slowly freeze in place. There's lots and lots of infrastructure that needs computers to work, and which isn't practical to do by hand. Existing software would remain of course, but new software wouldn't be created. Which would mean that for instance, no new car models would be made, because the assembly line robot's code needs to get tweaked a bit, nobody can do it, and doing the robot's work by hand is ridiculously expensive.

      Life without lawyers, hmm. In my life so far I've never had to deal one, and lack of lawyers doesn't mean lack of judges.

    48. Re:If the legal code is too confusing by bXTr · · Score: 1

      Two problems with laws written in 6th grade English:

      • People who actually graduate from high school and can't read even that level of English.
      • People for which English is their second language, if any.

      I don't know what you can do about the former. People who want to be ignorant, will be ignorant.

      For the latter, you could have translations in their native language. Hope you get it right. Case in point, one of the ten commandments is "Thou shalt not kill". Actually, it was translated wrong all those years ago. The original writing is "Thou shalt not murder". Quite a difference, dontcha think. The former literally says I can't take the life even of a mosquito for any reason, whether my life is in danger, or not. The latter says I can't intentionally plan and take the life of anyone; swatting a fly doesn't count.

      --
      It's a very dark ride.
    49. Re:If the legal code is too confusing by ZeroPly · · Score: 2, Interesting

      The main problem is not the legal language. The problem is that lawyers in general and politicians in particular are clueless about how an axiomatic system works. They do not understand the concept of a "basis", or why minimizing the number of axioms is important. Only someone ignorant of these things would come up with statements like "cats, dogs, squirrels, any type of llama, and any other mammal". A mathematician or logician would simply say "all mammals".

      The problem is that they try to clarify law by increasing complexity, as in my above semantic example. Until they realize that you can only clarify law by increasing simplicity, they are doomed to failure, adding layer over layer of overlapping and contradictory rules.

      You COULD create a very rigorous legal structure. But not if you're a lawyer. You need to be someone who at the very minimum has an intuitive understanding of how first order predicate calculus systems work. You start with tangible atoms that are not prone to misinterpretation, and throw out all the mumbo-jumbo slop language like "tort" and "vacate" whose meanings even lawyers can't agree on. Then you understand how change effects your system.

      After you've done all that, a revision control system will make complete sense.

      The problem is that lawyers are to justice what carpenters are to architecture. They can only be focused on the minutiae of how Blah v. Idaho affects their case, not on the system in general. As a result you get lawyers writing briefs on what the word "the" means. When's the last time you saw mathematicians arguing about what "integer" meant? The reason is not that they are smarter, it is because they understand where the Peano Axioms fit into the big picture.

      --
      Support microSD: in a post 9/11 world, it is unwise to carry your data on media that you cannot comfortably swallow.
    50. Re:If the legal code is too confusing by HornWumpus · · Score: 1

      Greek, Aramaic and Hebrew.

      The common translation was in Latin.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    51. Re:If the legal code is too confusing by Haxamanish · · Score: 1
    52. Re:If the legal code is too confusing by Jane+Q.+Public · · Score: 1

      You misunderstand. He is not claiming that we need to keep the laws complicated so that judges don't understand them; he's claiming we need to keep the laws precise, so that judges don't have room to interpret. Complexity is a consequence of this precision, since the world is complicated.

      I might have misunderstood, but if so that was because of the confused way he stated it. (My reply was made before he explained anything further.) For example, the statement

      If we wrote things to be not confusing they'd be simple. And while simple may seem nice it would mean handing control of the more complicated issues to the judges.

      ... sure looks to me like it means that things must be kept more complex so that judges should not be able to deal with them. Okay, now I know that he meant that the more complicated points have to be covered in the law to prevent discretion on the part of the judges. But even that is not a matter for the lawyers, it is a matter for the lawmakers, who need not be lawyers.

    53. Re:If the legal code is too confusing by Jane+Q.+Public · · Score: 1

      Whoa. Messed up blockquote.

    54. Re:If the legal code is too confusing by Anonymous Coward · · Score: 0

      IDENTIFICATION DIVISION.
                  PROGRAM-ID. BETTER-LEGAL-CODE.
      PROCEDURE DIVISION.
      STEP-1:
                  ADD VERSION-CONTROL-SYSTEM TO LEGAL-CODE.
      STEP-2:
                  SUBTRACT CROOKED-POLITICIANS FROM CONGRESS.
      STEP-3:
                  CALL "???".
      STEP-4:
                  PROFIT.

    55. Re:If the legal code is too confusing by Anonymous Coward · · Score: 0

      BUTT justice will prevail!

    56. Re:If the legal code is too confusing by commodore64_love · · Score: 1

      When the U.S. was formed it was debated if laws should be published in both English and German. But the 1789 Congress decided the Germans were already learning English, so it wasn't really necessary. I'd say the same is true today - an immigrant may only know Spanish, but he does learn English rather quickly just to survive day-to-day.

      As for your typical high school grad, the average reading ability is 8th grade so if laws were written at a 6th grade level, all but the dumbest Americans would understand what they mean. Which is certainly better than the current condition where almost nobody understands them.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    57. Re:If the legal code is too confusing by Hognoxious · · Score: 1

      For i = 1 to 2000;
       
        lprint 'you know nothing about', $subject[i];
       
      next i;

      Do you talk like that? Actually, it wouldn't surprise me if you did.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    58. Re:If the legal code is too confusing by commodore64_love · · Score: 1

      >>>whatever the judiciary thinks is what the law means.

      Founder of the Democratic Party, Thomas Jefferson: "The question whether the judges are invested with exclusive authority to decide on the constitutionality of a law has been heretofore a subject of consideration with me in the exercise of official duties. Certainly there is not a word in the Constitution which has given that power to them more than to the Executive or Legislative branches."

      "But the Chief Justice says, 'There must be an ultimate arbiter somewhere.' True, there must; but does that prove it is either party? The ultimate arbiter is the people of the Union, assembled by their deputies in convention, at the call of Congress or of two-thirds of the States. Let them decide to which they mean to give an authority claimed by two of their organs."

      "The Constitution . . . meant that its coordinate branches should be checks on each other. But the opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action but also for the Legislature and Executive in their spheres, would make the Judiciary a despotic branch." ..... "To consider the judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men and not more so."

      Laws should be written in plain English, so that when a law reads, "A killer shall be jailed 10 years for each person he/she killed," there is no wiggle room for the judge to twist or distort the meaning. The words are simple and have definite meaning.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    59. Re:If the legal code is too confusing by commodore64_love · · Score: 1

      P.S. Another Jefferson quote:

      "...indeed is our Constitution a complete felo de se [act of suicide]. For intending to establish three departments, coordinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone the right to prescribe rules for the government of the others, and to that one, too, which is unelected by and independent of the nation. For experience has already shown that the impeachment the constitution has provided is not even a scare-crow . . . The Constitution on this hypothesis is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please."

      Boy that sounds familiar. Police can enter our homes without warrant. The right of free speech does not apply if it's "wrong" speech. Products can be banned from sale simply because the Supreme Court says they can be banned. Even the right to grow corn or potatoes in your own backyard has been taken-away by the Supreme Oligarchs.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    60. Re:If the legal code is too confusing by sjames · · Score: 1

      The problem is that there isn't a single clear line "broken beyond this point". The law just decays a little more year after year and less and less people can actually understand the law that applies to them and the citizens respect the law and government a little less.

      It doesn't require blasting back to bedrock to fix it, It just requires creating a stable base where the patches do apply (call it a release) and a new clean rendition where they do not. We will probably all be better off if congress spends more time working on that and less on passing the "burn the village in order to save it act of the day" for a while.

    61. Re:If the legal code is too confusing by auntieNeo · · Score: 0

      If programming languages was written in plain words we wouldn't need programmers, but the secret order of computer programmers refuse to do it that way - simple programming is not possible they claim. What they really are afraid of is the fact that normal humans (non programmers) could just diff the text to look for bugs and even make their own software.

      Say that again after you've learned COBOL. I dare you.

    62. Re:If the legal code is too confusing by extrasolar · · Score: 1

      Hello. Could you speak at our next TEA Party meeting about your ideas. I think the word needs to get out.

      Thanks!

    63. Re:If the legal code is too confusing by Anonymous Coward · · Score: 0

      If programming languages was written in plain words we wouldn't need programmers,

      Yes we would, because of non-literate ungrammatical fucktards like you.

      Oh, and Orly Taitz called - she wants you to help write her next legal brief.

  3. Seems consistent with every issue by cjfs · · Score: 4, Interesting

    If you can't convince them, confuse them. -- Harry Truman

    1. Re:Seems consistent with every issue by tmk · · Score: 1

      E.g. with "death panels"?

    2. Re:Seems consistent with every issue by Anonymous Coward · · Score: 0

      That's exactly what's happening. Informed voters is the last thing politicians want.

    3. Re:Seems consistent with every issue by cjfs · · Score: 2, Insightful

      E.g. with "death panels"?

      Yes, and about every other publicized issue in the U.S. over the last 10+ years.

      It's the whole "it doesn't have to be right, just repeat it enough until it sounds plausible" mentality. When you have a population that is so easily manipulated, you end up with critical issues being decided based purely on which terminology gets the most publicity.

    4. Re:Seems consistent with every issue by cerberusss · · Score: 1

      If you can't blind them with brilliance, baffle them with bullshit -- Unknown

      --
      8 of 13 people found this answer helpful. Did you?
    5. Re:Seems consistent with every issue by commodore64_love · · Score: 0, Troll

      (holds up a pamphlet that's being passed-around to soldiers in VA hospitals). "Perhaps it is better to die and cease being a burden on your family..." - While the political rhetoric about death panels was vague, it did have a concrete basis. This was it. They (and I) fear this kind of pamphlet will be spread-around to everybody, as a way for the government to cut its costs, by encouraging people to just give-up on life and accept death. We already have heard cases from Canada and the UK about patients being denied care and left to die, since the procedure was deemed too expensive by some bureaucrat.

      Even among younger patients, I've seen interviews with a British girl who was denied a PAP smear at ages 21, 22, and 23. She knew cervical cancer was high-risk in her family, and wanted to prevent it, but the government turned her down. At age 24 she developed the cancer.

      If you think care is rationed now, wait until the politicians take-over.
      It will make Comcast look like a nice company.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    6. Re:Seems consistent with every issue by kybred · · Score: 1

      If you can't convince them, confuse them. -- Harry Truman

      I prefer the W.C. Fields version:

      "If you can't dazzle them with brilliance, baffle them with bull."

    7. Re:Seems consistent with every issue by DusterBar · · Score: 1

      Insurance companies do this all the time - refuse care/coverage due to expense, experimental status, outcome potential. That last hope treatment is many times rejected as it rarely works - not because it is a bad idea (you are about to die if you don't try it but you have a 5% chance if you do) but because it costs money and the CEO wants to upgrade the kitchen in his yacht.

    8. Re:Seems consistent with every issue by TapeCutter · · Score: 2, Informative

      Nice boogy-man stories but look at any reputable stats, such WHO's Age-standardized mortality rate for non-communicable diseases (per 100 000 population), and it's clear which system has the most horror stories attached to it.

      Australia 362
      Canada 388
      United Kingdom 434
      United States of America 460

      Out of the above four nations, the US has the most expensive health system on a per capita basis, and gets the lowest quality care in return. Conflating Stalin with health care over the last 40yrs has done the US a great diservice by way of the ideologically convoluted health "system" it has created.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    9. Re:Seems consistent with every issue by jabithew · · Score: 2, Informative

      Death Panels are real. I don't know what the fuss is on this score. We have a Death Panel here in the UK, which with a complete lack of irony we call NICE. Insurance companies run Death Panels, which decide what they're willing to pay for. And of course, in more individualised health care systems, like Singapore's, the individual acts as their own Death Panel.

      Death Panels are mandated by the simple fact that our resources are not limitless while the number of ways human bodies can fuck up more or less is. Most people never run foul of them. They still exist though.

      --
      All intents and purposes. Not intensive purposes.
    10. Re:Seems consistent with every issue by commodore64_love · · Score: 1

      Yeah but if your insurance company sucks you can dump it and switch to a new one, same as you can dump Microsoft and go with Apple or Linux. With insurance you also have the government's consumer protection laws to back you up, and force the insurance company to provide care. Few companies say "no" because it's easier to just pay for the procedure than to fight a judge.

      In contrast you can't dump the government, because government is a monopoly. When the government bureaucrat says "no" that's it. Game over.

      BTW:

      This is why I don't have insurance or government care. Nobody can tell me "no" when I ask for a healthcare procedure... not the insurance company and not the government. I control my own destiny.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    11. Re:Seems consistent with every issue by commodore64_love · · Score: 1

      Correlation is not causation. Yes U.S. mortality is higher, but it's not due to healthcare which is still the best in the world (that's why wealthy Canadians* and Europeans come here). The high mortality rate is due to the fact we are a bunch of overweight or obese pigs, like the humans in Wall-E, so we simply die earlier due to our fat-clogged arteries and hearts.

      Even if we had 100% free government-provided healthcare, we'd still die earlier than other 1st world citizens, because we're just do damn fat. (Don't get mad; you know it's true.)

      *
      *
      * example - Tom Green was diagnosed with testicular cancer. The Canadian system told him to wait 8 months to remove his balls. Since Mr. Green was afraid the cancer might spread and kill him, he flew to the U.S. and had the cancer removed immediately. And while I am posting this message, here are some more stats to consider:
      UK HEALTHCARE WAITING TIMES
      8 months - cataract surgery
      11 months- hip replacement
      12 months- knee replacement
      5 months - slipped disc
      5 months - hernia repair
      SOURCE - The BBC, May 2009

      PROSTATE 5-YEAR CANCER SURVIVOR RATE
      77% - United Kingdom
      90% - Canada
      100%- United States

      MEP Daniel Hannan said in early August, "The worst thing to be is elderly under the UK Health System..... you will be denied care and left starving in wards."

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    12. Re:Seems consistent with every issue by commodore64_love · · Score: 1

      P.S.

      For Americans 30 years or older in age, 89% of them are clinically overweight or obese. I think this has more to due with our low life expectancy than any other factor.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    13. Re:Seems consistent with every issue by commodore64_love · · Score: 1

      >>>We have a Death Panel here in the UK, which with a complete lack of irony we call NICE.

      Don't you mean "nasty"? ;-) I hear that's the real name most citizens use for that government-run monopoly.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    14. Re:Seems consistent with every issue by TapeCutter · · Score: 1

      "Correlation is not causation." - If I had points I'd mod you funny.

      None of the surgery you listed above is for life-threatening illness. I have been to a UK hospital while on holiday, walked in off the street and was attended to in 20 minutes. Australia and the UK have an agreement to treat each others tourists for "free". The antibiotics I was given were also "free".

      USA (with no insurance/cash): waiting time for any treatment = the rest of your life.

      "MEP Daniel Hannan said in early August..."

      Your offering sound bites from obscure opposition MP's as hard evidence? - surely your post is a joke, as is your health system.

      BTW: The US exports more health tourists than it imports, Mexico and India are the main destinations, cost is the main motivator.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    15. Re:Seems consistent with every issue by TapeCutter · · Score: 1

      You mentioned waiting for 5 months for a "slipped disc" in th UK. I have a herniated disc, I've had it for 30yrs and it will occasionally put me in bed for a week but I can avoid this if I perform the simple 5min physio excercises regularly.

      My adult daughter has had an operation to stop the siatica from her slipped disc. Five months waiting in the UK is probably not because of shortages, it's because surgery on your spine column is a last resort. My adult daughter spent 2yrs trying various treatments before the doctors gave up and booked her for ELECTIVE sugery (it was a 3 week wait after booking, she was on the exact same waiting list as those with additional private cover).

      Yes, the govt encourages people to buy private cover, private cover will get you a gaurentee of a private room, dentistry, fake tits, "alternative" medicine, liposuction, face lift, hair transplant. What you can't buy with private cover is better doctors, better equipment, or faster access to either of them. The govt encourages private cover because the private room option has the practical benifit of reducing pressure on public beds.

      My (unwelcome) advise to American's with your parochial opinions on UHC is to pull your ideological head in and learn from the practical mistakes and streamlined methods of others. I've lived under a US system, Australia one in the 70's, they also had the same doomsday communist crap from mass-media propogandists when they switched to UHC.

      The Australian UHC system is clearly cheaper and better quality than what you have in the US, so much so that for the last couple of decades it consistently polls 80+% favorable support amoungst voters. This is not to say that the system is beyond improvement but even suggesting a return to a US style system will end an Aussie politician's career pretty dammned quick.

      An effective UHC system means you can still pay a private premium to get fake tit's and the fat sucked out of your arse in a private room while EVERYONE else has equal access to "world class care" for serious/preventative health issues, and last but not least NOBODY goes bankrupt paying for it.

      I agree the USA had "the best system in the world" but that was back in the 60's, since then the prevalent "red's under the bed" parionia in the US has put a suffocating layer of admin over it that is so busy spending money on red tape to work out who pays for what that they have lost sight of the system's purpose.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    16. Re:Seems consistent with every issue by jabithew · · Score: 1

      I think most British subjects haven't heard of it.

      The NHS is not a government-run monopoly. We still have private healthcare here if you want to buy insurance (or buy it outright). I get private healthcare with my job, for example. It does mean that I'm paying for my healthcare twice though (once through tax and once as a perk).

      The point I was trying to make really is that Death Panels are just an over-emotive way of saying that we can't pay to cure every disease, ever, period. No system can get around that. They'll all have to weigh costs and outcomes in some way. The only thing that changes is who is doing it.

      --
      All intents and purposes. Not intensive purposes.
    17. Re:Seems consistent with every issue by Monsuco · · Score: 1

      Insurance companies do this all the time - refuse care/coverage due to expense, experimental status, outcome potential. That last hope treatment is many times rejected as it rarely works - not because it is a bad idea (you are about to die if you don't try it but you have a 5% chance if you do) but because it costs money and the CEO wants to upgrade the kitchen in his yacht.

      Mine sure as hell didn't. I had an expensive, and somewhat experimental surgery on my eyes to correct a condition that was likely to eventually require a cornea transplant. They covered their share of it. Turns out the experimental surgery caused complications. They covered the surgery to fix that. Then it turned out the surgery didn't work, and they covered their share of the procedure to undo the surgery. They could probably have weaseled their way out of the contract, and argued that it could be considered "cosmetic" because it would be treatable at the time with glasses (even though it would likely degenerate eventually). During this process I even forgot to do some unrelated paperwork on time which would have made it legal for them to drop me, but they were flexible and didn't. Afterwords they covered both my prescription glasses and prescription sunglasses (albeit I did have to wait a year). My understanding is they will also cover a cornea transplant if need eventually be. While true, the procedure did ultimately fail, I knew I was taking a risk with a roughly 95% chance of success so my reasons for taking the risk are obviously justified, and I am amazed my insurance company was so helpful. I looked it up and this option would not likely have been covered by the NHS in Britain, and until recently, it wouldn't have even been legal in Canada even out of pocket. I also happened to have one of the nations leading corneal experts as my doctor, something I am incredibly lucky to have had.

      From personal experience, I would say these sob stories are bullshit.

    18. Re:Seems consistent with every issue by Anonymous Coward · · Score: 0

      Apparently the Bush administration is the real source of the "death panels" then, as that brochure was created (and retired) during his term. Pretty convenient of the Rethugs to forget that.

  4. The Songs of Distant Earth by Anonymous Coward · · Score: 0

    Cue Jefferson Mark 3 Constitution (a.k.a. "utopia in two megabytes")...

  5. Lack of training/intelligence? by DeadDecoy · · Score: 1

    The people who are in control of passing and managing such legal documents are probably not aware of version control systems; much less on how to even use them. Even if they were told of such a system, they'd probably need to be brow-beaten into trying it out or adopting it before it would actually become used in the real world environment (hint: maybe we need to drown them in suggestion letters?). Think of how hard it is to even get a Windows user to check out Linux or Mac. It'd probably be much harder introducing new technology to some 60+yo senators. On a side note, maybe someone on slashdot could setup a site called Law-Hub, like git-hub but for legal documents? Hopefully you won't get sued from some asinine reason like copyright infringement ><

    1. Re:Lack of training/intelligence? by jimicus · · Score: 2, Insightful

      Or, if you want to think the worst - perhaps those drafting the laws (frequently not those voting for them) don't want it to be easy to tell what changes a given law will introduce.

    2. Re:Lack of training/intelligence? by palegray.net · · Score: 4, Insightful
      I think you missed the bigger issue:

      ... don't expect to actually read the legislative language ...

      If United States Senators can't be bothered to read and comprehend the legislation they're voting on, then:

      (1) why are they elected to posts that, as the most basic of job requirements, requires the ability to do so, and

      (2) why haven't they been removed from office for complete and utter failure to serve the American people?

      That's right, folks... your elected officials are attempting to pass legislation that will have massive consequences for our generation and several more to come, without having actually read the material they're about to vote on. Here's the best part: this is nonthing new. It's been the status quo for a huge chunk of Washington's electoral finest for longer than I've been alive. Outstanding work!

    3. Re:Lack of training/intelligence? by jonbryce · · Score: 3, Informative

      Lawyers generally use MS Word's version control system when negotiating new contracts. It may not be as good as CVS or Subversion, but it is at least something.

    4. Re:Lack of training/intelligence? by buchner.johannes · · Score: 1

      That's what I was gonna say. Theoretically, you can make a public repository and write laws in an expert system language.
      Realistically, people use Word and want to focus on the real matter, ... you know ... getting it right. Some new system would likely hinder their workflow.

      You can make a publicly available service that translates passed laws into changesets. Could be half-automated.

      --
      NB: The message above might reflect my opinion right now, but not necessarily tomorrow or next year.
  6. Well, we knew it all along... by caladine · · Score: 1

    Several senators felt that the actual legal code would be too cryptic and complicated to be useful. Carper himself said, 'I don't expect to actually read the legislative language because reading the legislative language is among the more confusing things I've ever read in my life.'

    Anyone willing to bet that most of them haven't even read the freaking bill either? Certainly sounds like Carper isn't reading them!

    1. Re:Well, we knew it all along... by cetialphav · · Score: 3, Interesting

      Have you seen the size of these bills? That size and the complexity of the language means that there is no way any congress person could have read the bill. Even the author of the bill, has probably not read the complete text.

      That is not as big a problem as it sounds, though. Each congress person and the committees have staffers whose job it is to do just this type of thing. They have teams of technical experts (analogous to software developers) who understand the code of the law. This is one reason that policy debates often focus on reports from all sorts of obscure government agencies. You need highly technical experts to comb through this stuff and make sense of it. The policy debates get down to which set of experts you believe and trust.

      I think a lot of us think of congress people as coders who are working on the law, but they are really more like vice presidents directing teams of coders in broad policy directions. In that sense, it is okay (and even preferable) that they not micromanage too much.

    2. Re:Well, we knew it all along... by Mr.+Slippery · · Score: 1

      Anyone willing to bet that most of them haven't even read the freaking bill either?

      Have you read the entire source code of the large projects you've worked on?

      Or do you trust the summaries, explanations, and documentation of the parts that you're not specifically focused on?

      Industrialized societies are complex, orders of magnitude more so than any software project. A great deal of that is because they evolved, rather than were engineered -- just as biological organisms contain complexities and hacks that an intelligent designer would never use. If we were to start over, we could have something simpler, but I don't think anyone wants to wipe the slate of civilization clean.

      This complexity means that their laws and regulations are also complex. People deal with complexity by breaking it into pieces simple enough for individuals to work on.

      To summarize: people are a problem. Sorry.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    3. Re:Well, we knew it all along... by Stradivarius · · Score: 1

      The problem is that the bills are being voted on so fast (thousand-plus pages to begin with, and then hundreds of pages of amendments) that even the staff does not have time to understand all the changes and brief the lawmaker thoroughly.

    4. Re:Well, we knew it all along... by cetialphav · · Score: 1

      I agree that the pace is a bit of a problem. It was really bad for the PATRIOT act. One thing that you and I don't see, though, is that there is a great body of legislative language already out there waiting for an opportunity to go into a bill. People have been coming up with and studying health care proposals for decades. Putting together the bill means taking a piece from group A's FOO proposal and a different piece from group B's BAR proposal and mashing that all up together. Everybody who is an expert on health care policy already knows who A and B are and what is in FOO and BAR which means that a huge bill can be crafted overnight and everyone (who matters, anyway) knows exactly what is in it and not a single person has actually read it.

      The killer in the current health care debate is cost. Many of the proposals are well thought out and vetted, except for where the money will come from. People talk a lot about lowering costs, but there is no reputable study that suggests that the needed cost savings are feasible. In fact, many studies suggest that preventative care actually raises costs (health quality improves, but the costs are higher). It takes some time to understand the economic implications of thousands of pages of legalese even when the experts know what is in the bill and that is a realy problem when a bill is being rushed through. Two different groups can literally come up with spending estimates that are an order of magnitude (or more) off from each other and neither of them are even trying to exaggerate their claims.

      To me, the worse thing about this process is that it is trivial for committee chairmen to tack on pet projects that benefit their district and no one can do anything about it. You can't expect people to vote down a hundred billion dollar bill that solves real problems just because Senator X is getting a million dollars for a bridge in his state. You especially don't vote that down if you think a million dollars for your own bridge is important.

    5. Re:Well, we knew it all along... by Anonymous Coward · · Score: 0

      What you say can be true, likely, mostly for those in opposition to a bill. They may hire legal/technical experts to take a bill apart for ammunition to fight against it.

      Of course, that's the main reason the current party in power has gone to ridiculous lengths these last nine months to pass several 1000+ page bills in just 12-24 hours -- the last thing they wanted was the opposition to have time to take it apart and report to the American people what it contained, and, in like manner, considering that not one single Senator/Representative from the party in power had time to read the bill underscores the fact that they simply voted "yes" when told to vote "yes" without any independent thought of their own.

      So from what I've seen it seems the vast majority of Senators/Representatives simply vote for whatever they're told to vote for which is the main reason they see no need to read the bill and they definitely don't want anyone else reading it before it is approved.

      The current poster child for this behavior is John Conyers (House Judiciary Committee Chairman) who is the most often quoted Representative who laughed at the thought of reading any bill that he votes for because it would take a team of lawyers to do it. His comments could be quite clearly extrapolated to mean he never reads a bill, but only votes as he's told to vote or, at the very least, completely trusts others to tell him what a bill contains because he's too lazy or incompetent to read bills himself.

      The recent icing on the cake for this completely useless Representative happened when he joined the crowd asking for an investigation of ACORN (apparently not knowing what he was doing) only to be forced to change his mind and put an immediate halt to any investigation when, in his own words, he said, "The powers that be decided against it." Think about that, he's the freakin' House Judiciary Committee Chairman and he feels he doesn't have the authority to make decisions, but answers to a higher power who decides what he can and cannot do. In other words, he's a complete puppet of some puppet master. In his case it's pretty obvious this is because he's a spineless, worthless individual who is a Representative only because "the suit fit" (Brady Bunch reference here for those who remember the episode where Greg was going to become a singer) and he was the kind of submissive individual that "the powers that be" could control once they got him elected.

      At least John Conyers is honest about being a puppet who doesn't read bills and votes however he's told to vote. You have to wonder what percentage of Congress falls into exactly the same mold. I suspect the vast majority who rely on their party machine to get elected/re-elected fall into this category.

  7. Niger's proposal by Anonymous Coward · · Score: 0

    perhaps it's time to rethink Gary G. Niger's proposal that a law is only valid if and only if a mathematician can understand and prove that it's non-contradictionary.
    I think this would help a lot.

  8. The legislative language isn't that important... by Trickster+Paean · · Score: 2, Informative

    Generally, if you want to learn the content of a bill, you can read the plain language version that's passed out of committee. That's the version that matters, that's the version that the members of Congress read, and that's the version that's controlling. The version of the bill that's translated is the legislation that is passed on. If that does not match up with the intent from the committee, then it is corrected to match the plain language version.

    And as for whether some sort of tkdiff makes sense, maybe it does, but really for only a select few people who actually are writing and or editing the bills. Of course, if there was something free and open to the public, that wouldn't be a bad thing either. But generally, there's just not a whole lot of demand.

  9. Needs disipline by MichaelSmith · · Score: 4, Interesting

    I have built a version controlled document management system around mercurial for my wife's architectural practice. I have found it very difficult to convince users to follow the conventions we use for software. They are too used to putting version and project information in file names. It means nothing for them to rename a file from a.dxf to a_new.dxf and commit it.

    The formal structure of software tends to keep this behaviour in check. The environment we are talking about here may be formal and controlled enough for this to work, but it is going to take training and enforcement to get it to work.

    1. Re:Needs disipline by Anonymous Coward · · Score: 0

      Laws follow a very structured and planned storage schema, otherwise lawyers and judges would not be able to look them up. It just happens to have been devised a long time before computers existed. It is not the same thing we are talking about here as forcing a group of office workers to adopt a rigid wordprocessor.

      And there are computerized systems already being used in this domain, eg. to store and match similar sentences when writing compendiums for law magazines...

    2. Re:Needs disipline by Anonymous Coward · · Score: 0

      So, what is the problem with name renames?
      I think you just didn't used the right tool for the job. With git, for example, renames are very trivial and there is no problems with that at all.

      The only problem with documents is, that the most kinds of documents are not in a text format, but rather in a binary, which makes comparing/merging difficult or impossible.

    3. Re:Needs disipline by Kozz · · Score: 1

      Sounds to me that your wife's practice would be more helped by a document management system rather than a VCS.

      --
      I only post comments when someone on the internet is wrong.
    4. Re:Needs disipline by aaarrrgggh · · Score: 1

      The problem there is external exchange of data. Good luck explaining the changes to a client if he doesn't know which A-1 he is looking at. (While the conventional system of putting the information in the title block is clear, most cms systems don't manage this information...)

    5. Re:Needs disipline by Deltaspectre · · Score: 1

      I think he's talking more copy than rename.
      I imagine it's something where they open a.dxf, make their changes, save to a_new.dxf and add that file and commit to the repository where it now sits alongside a.dxf

      --
      My UID is prime... is yours?
    6. Re:Needs disipline by stephanruby · · Score: 1

      I think he's talking more copy than rename. I imagine it's something where they open a.dxf, make their changes, save to a_new.dxf and add that file and commit to the repository where it now sits alongside a.dxf

      In the case of Git, the same file could be copied one thousand times, and it maintains just one copy under the covers (I believe Mercurial works the same way). That's why, Git is just perfect for filesh...programming different linux distros.

      This is not to say that using different mental models to store files is always a good idea. It's not. It's just that I can be a Git fanboy sometimes.

  10. Lawyers by zwei2stein · · Score: 1

    ... and people who use them to wage legal wars.

    Easy to understand laws are bane of them. Future without precedent digging nightmare.

    So many high paying jobs lost, so many ordinary people being able to sleep well ... not good.

    --
    -- Technology for the sake of technology is as pathetic as eschewing technology because it's technology.
  11. Google Wave ? by AwaxSlashdot · · Score: 1

    Google Wave ?

    --
    Sig (appended to the end of comments you post, 120 chars)
  12. Mediawiki ? by Anonymous Coward · · Score: 0

    It is surely Mediawiki and other wiki's that are designed for this task ? Code revision systems are by their very nature designed for code not text.

    1. Re:Mediawiki ? by Anonymous Coward · · Score: 0

      designed for code not text

      Um, what exactly is the difference? Nothing, hell, these days you can mix both ASCII, Unicode and binary in a repo.

    2. Re:Mediawiki ? by palegray.net · · Score: 1

      You're sorely lacking in understanding of what revision control systems do. Code is text. As a matter of fact, the "source tree" for the entire site in my sig is stored in a git repository as RST files.

    3. Re:Mediawiki ? by MichaelSmith · · Score: 1

      I am guessing that legal code in text would need to have some kind of mark-up. Vanilla version control systems won't understand that so they will present diffs and merges as being more complex than they need to be. One advantage of wikis is that their version control systems usually understand the markup language so changes are easier to understand.

    4. Re:Mediawiki ? by palegray.net · · Score: 1

      What you're describing requires implementing a layer to do the interpretation required. Existing wikis do not do this, and if you're going to write a management layer to interpret the diffs, you might as well be storing them in git for subsequent presentation through [insert any front end here]. The VCS solves a heck of a lot of the underlying issues, giving you the ability to just focus on the mechanics of interpreting the results.

  13. Git? by Anonymous Coward · · Score: 1, Insightful

    In a perfect world, where politicians and citizens wouldn't be digitally illiterate, a VCS woud be ideal.

    Git could be used, in the sense of direct democracy and participation: anybody could propose changes, let them be voted and propagated up the hierarchy, and get them approved as the official laws of the state. Laws would even carry the full history of amendments (commits) and the names of the people who actually wrote them. /me dreams

    1. Re:Git? by SanityInAnarchy · · Score: 1

      Indeed.

      The same could be done with SVN, but there just isn't an advantage to using SVN here.

      --
      Don't thank God, thank a doctor!
  14. Asking way too much of the lawyers. by reiisi · · Score: 4, Insightful

    As PJ (over at Groklaw) likes to say, law is squishy.

    Source code and law look a lot alike, but we have to remember that law is squishy.

    We also should remember that lawyers are often seeking for an advantage for their clients (or constituents). This seeking for advantage runs counter to the work patterns of many of us who deal with free/open source stuff, but it is quite common in the legal world.

    It would be a great tool for legislators who want the law to make sense, but such are too rare. The others would quickly find ways to pervert the tools.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  15. You're an idealist. by reiisi · · Score: 3, Insightful

    The complexities take power away from judges, I suppose, but then they put the power in the hands of the lawyers, who have to interpret the laws for the judges.

    I prefer keeping the law simple and being able to recall judges who get out of control.

    Injustices are going to happen anyway, the only way to deal with that is to learn rudimentary social skills, so you can get others to help you correct them. (Or am I being unreasonably idealistic in asking that?)

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
    1. Re:You're an idealist. by Idiomatick · · Score: 1

      The idea is that in debate the two lawyers fighting for each side eventually the law will come through. If it were one lawyer interpreting the law to the judge and the judge making a decision that would be terrible. Given two very good lawyers they may be able to dig up all kinds of weird laws and positions supporting their side. But hopefully because of this a judge will get a very full picture before making a decision.

      I think a direction we should proceed should be to codify and restructure law. At the moment law is spread out amongst thousands of books with no real organization. There are whole law libraries and precedents abound. If this huge mass of info could be better organized it would be more valuable and take power from the lawyers.

      And yeah you are totally being idealistic, not that I'm not. I'm a firm believer in the word of law and things written down and I have NO FAITH in people what so ever which colours where I am idealistic compared to you.

    2. Re:You're an idealist. by commodore64_love · · Score: 1

      >>>The idea is that in debate the two lawyers fighting for each side eventually the law will come through.

      Is that what happened in the 130 million dollar Microsoft v. Aussie inventor verdict, but then was overturned by a judge simply by saying "this jury was stupid"? I completely and totally disagree with you. The Law exist to serve the people. If the people can not understand it, how are they supposed to obey it and avoid getting jailed?

      Thomas Jefferson was correct - write the laws in plain english so the ultimate authority, the people, can understand them.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    3. Re:You're an idealist. by Idiomatick · · Score: 1

      I said the idea and I also said I was being idealistic. But we have two options:

      1) Write lots of laws and pass them in bills. Attempt to organize this vast info in something that people can deal with. This gives lawyers and politicians more power and judges less.

      2)a) Write simple laws. People may be better able to obey them but i sincerely doubt it, cutting our body of law from 10million pages to 500k won't help anything, law is complex. It would give more power to people acting for themselves BUT it would take power away from the law its self, court would become a battle of personality and charm rather than one of proof. Flashy 'speechifying' lawyers are bad as it is, less precise law would make it much worse. This would result is less people getting justice. As well judges would have almost god like power having much MUCH more room for interpretation, say you are a black guy and get a racist judge you are assured your doom. Also precedents would have to be banned or you get 2b.

      2)b) With precedents as we have now this 'simple' system would end up being even more complicated, law libraries would grow in size AND it would have all the frailties of a simple system. The judges could still do as they please. Lawyers would win through charm not proof. And citizens would have no idea what that laws were at all without studying thousands of cases. This would work out TERRIBLY.

      Perhaps a middle ground Thomas Jefferson might like is a coles notes edition of the law. And that is possible today. If you are starting a business and get a business for dummies book it tells you what you can and can't do in regards to commercial laws. Its the best we got, making things simple wouldn't help.

    4. Re:You're an idealist. by commodore64_love · · Score: 1

      The more you talk, the more I wonder if you're a lawyer yourself. Look at this: "If the first party of the first part torts the second party of the first part, then the first party of the second part shall impression the first party of the first part for 20 years unless the violation happened in the second half of the fiscal year (defined in section 12.2.1, 20.6.7, 30.7.6) which shall be 19 years minus any accumulated abrogance that occurred prior to conviction."

      How the hell am I supposed to obey that frckuing shitty law??? This is the kidn fo shit lawyers write, and for you to sit there and DEFEND this shit makes me think you're a lawyer yourself, who wants to continue the stupid practices of your dishonest profession.

      GRERR!@

      I apologize for getting angry, but I just think it's stupid. Laws should be written usign worde I can udnersgtand!!!! Good God. I'm a triple-degreed college grad and I can't even read the U.S.A. P.A.T.R.I.O.T. Act! It's completely incompressible. I'm probably in violation of the Act right now, and wouldn't even know it because I can't understand the damn thing. The Patriot Act should be written in plain English for plain people so they can obey the law, rather than stumble around blindly.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    5. Re:You're an idealist. by Idiomatick · · Score: 1

      Well, most of the confusion in your example is from age, lots of those terms were developed hundreds of years ago and have limited use outside of law. Is it really surprising that any sufficiently complex field has jargon?

      "The CDC 6600 had a load-store architecture with only two addressing modes (register+register, and register+immediate constant) and 74 opcodes (whereas an Intel 8086 has 400). The 6600 had eleven pipelined functional units for arithmetic and logic, plus five load units and two store units; the memory had multiple banks so all load-store units could operate at the same time."

      "There are three possible fundamental approaches towards Davydov model:[6][8] (i) the quantum theory, in which both the amide I vibration (excitons) and the lattice site motion (phonons) are treated quantum mechanically; (ii) the mixed quantum-classical theory, in which the amide I vibration is treated quantum mechanically but the lattice is classical; and (iii) the classical theory, in which both the amide I and the lattice motions are treated classically."

      I'm sure I could come up with more examples. Like I said a cole's notes version would be valuable but simplifying the actual law would make things worse in many cases. I gave a break down of why laws are complicated in another post some place. I understand the frustration. Also, this is a reason that we do not have a direct democracy. Laws aren't written with the goal of everyday people actually reading them. If you tried to actively learn the law just to avoid breaking it you would die an old man long before you came close to completing your task. Lawyers spend their lives in the profession and have to specialize because it would be impossible to learn it all. You simply have to find a news source or lawyer blogger or info source that you trust to disseminate the law to you. While this sucks and requires trust we already have to do this for tons of things. I doubt you manually research and verify everything that you hear.

      The patriot act WAS written to be more confusing on purpose. It was a tool used to steal civil liberties from the US citizenry. Perhaps your complaint is towards broad bills and statutes. I believe while the Patriot act was criminal the thing without the deceit might have been shortened to 250pages. Still far too much dense material for a fraction of the populace to read probably still only a few reps. Again, citizens aren't expected to read up on the laws to follow them, it would be impossible.

      I don't know why I'm feeding your strawman (though you are a bit right wing for my taste I didn't think you were particularly fallacious) but... my father is a lawyer. BTW, he hates lawyer mumbo jumbo too but outright simplifying the law causes more problems than it solves.

    6. Re:You're an idealist. by commodore64_love · · Score: 1

      >>>it really surprising that any sufficiently complex field has jargon?

      Products that are intended to be consumed by the average person on the street should not include jargon - that includes not just user manuals but also laws. The Patriot Act should be written in plain English, so the citizens can understand it and obey it. Or else nullified by a jury on the grounds that the defendant can not reasonably be expected to obey a law he can not read.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    7. Re:You're an idealist. by Idiomatick · · Score: 1

      Oh ignorance has never been a defense. We are expected to obey tens of thousands of laws, are it would be totally unreasonable for us to know all of them. The idea is that laws are supposed to be somewhat reasonable, NOT that be are supposed to know or god forbid understand them. Scary as the idea may sound... You are expected to follow the law and not expected to know it. If you want to change that then you truly want to change how law works in its entirety. It would be as fundamental a change as removing the senate. Good luck~

  16. What would you gain? by tmk · · Score: 1

    I don't get your point. Confusing legal language does not get more usefull or logical when you put them in SVN. Of cource: SVN - or probably another solution better suited for the task - could help to track changes over time - but this not the problem of the health care reform bills, is it?

    1. Re:What would you gain? by Starlon · · Score: 1

      When you're reading the bill you're basically required to cross reference other amendments in law. This is the whole reason why lawmakers generally refuse to read bills. With some sort of revision control, one could just roll back the history to see what changed, and even more important, see what hasn't changed that relates to the proposed legislation.

      Personally I think any current revision system would have to be modified in a large part to accommodate the legislature system, but it's quite doable, and would fix a large problem that has gone on for too long -- that lawmakers don't read the bills.

      --
      Health Freedom is almost as popular as Freedom itself.
    2. Re:What would you gain? by tmk · · Score: 1

      I'm not a citizen in the US, but in many countries bills ake allready like patches.

      If you want to change the law "Everybody must pay one dollar" to "Everybody must pay two dollars" you will not pass the whole law again, you will pass another bill that says that "one dollar" is replaces by "two dollars".

      This way, the bills get huge - but the actual law is far less voluminous.

    3. Re:What would you gain? by Starlon · · Score: 1

      Well, I'm not an expert. It may work that way here. What you describe resembles what legislation I've read.

      --
      Health Freedom is almost as popular as Freedom itself.
    4. Re:What would you gain? by Anonymous Coward · · Score: 0

      svn blame

    5. Re:What would you gain? by SanityInAnarchy · · Score: 1

      That's well and good once a law is passed, but while a bill is being created, it's changed quite often before it's actually voted on -- and once voted on, it might be rejected, changed, and voted on again.

      It's thus quite possible for a rider to get tacked on at the last minute, and not be noticed, because the bill is already quite huge, and anyone who bothered to read it earlier certainly isn't going to re-read the whole thing now.

      The point of a VCS here would be that even a bill which hasn't yet been passed, and is worded like a patch, you would still be able to read it in its entirety, and then read any changes simply as changes.

      --
      Don't thank God, thank a doctor!
  17. Formatting to minimize diff size is a huge problem by Antique+Geekmeister · · Score: 1, Insightful

    One big problem is that the content would need to be in a consistent format that minimizes the size of diffs, or it will blowup immediately. Line breaks, indentation, page breaks, and other artifacts of formatting need to be ignored to make it intelligible. I'm not aware of any version control system that does this. Is anyone else?

  18. More importantly by 4D6963 · · Score: 4, Funny

    Legal code these days is the equivalent of assembly language, it's complicated but it describes on a low-level what has to be done. While it's fine and dandy, the problem these days is that too much code is produced. Hence I propose that we make a GCC-Legalese or LLVM-Legalese fork so that we can -Os legislation. Better yet, we could simply write law in a higher level language, intent, and the compiler's intent preprocessor would turn that into faithful lower level code.

    I also propose that we start forking Valgrind as to automatically find legal loopholes, conflicts and grey areas before a law is passed. Finally I think we should rewrite common law in Objective-Law++ so we can benefit from the many advantages offered by objection-oriented law over procedural law. Any thoughts on Convict Collection?

    --
    You just got troll'd!
    1. Re:More importantly by 4D6963 · · Score: 1

      Alternatively we could write it in Lawa instead so we could have the law interpreted in real-time in a virtual legal system. It might be a less efficient legal system but it would have the advantage of being completely portable to any other country without modifications, given a compatible virtual legal system. Should work quite well, I'll try writing a Habeas Corpus in Lawa later today and see how that works.

      --
      You just got troll'd!
    2. Re:More importantly by Jacques+Chester · · Score: 1

      I realise you're making a joke, but a few years back I proposed something like that.

      Of course, in my experience, if I have a flash of brilliant insight, somebody else had it years ago. So YMMV.

      --

      Classical Liberalism: All your base are belong to you.

    3. Re:More importantly by Anonymous Coward · · Score: 0

      IANAH.. wait I am. Anyway, the problem is when all these high level law monkeys do not understand the machine law. There are still a bunch of lawyers out there that had to punch in their homework in octals at lawschool. They will find exploits in the law and will leave the judges with an overflow of work.

    4. Re:More importantly by hunnybunny · · Score: 1

      I see you're joking too - but I completely agree.

      Legal language is inpenetrable, unreadable and it's runtime environment - the legal system - is horribly unreliable and biased in favour of those who can afford the best lawyers.

      Law is software, I *always* thought we should start treating it as such. The most obvious comparison is to a rules based system. Law is software, loopholes and logical contradictions are bugs.

      The inefficiency of law was recently brought home to me during a friend's divorce. The two lawyers involved encouraged each party to push for outcomes that were totally unrealistic as a starting position. This resulted in length negotiation (and high fees - what a surprise). The outcome was something approaching a 50/50 split.

      Now, IANAL but I'm guessing that people have got divorced before. The starting point should be 50/50 and most of the outcome can be boilerplate law. There is absolutely no need to start from the position that everything is up for grabs - it's not. In software terms: whole areas of the state space are eliminated by law and precedent - they can be immediately and reliably enforced by repeatable processes.

      The difficulty of modern law is it's complexity. The more complex the law, the more varied the outcome when applied by human agents. You can see this in the repeated failure of highly complex financial fraud trials.

      The key point is this:

      Good law and reliable enforcement is much more important than good lawyers.

      What is needed is a shift of focus from the practitioners of law to the drafters of law. Of course, lawyers will never allow this because it will undermine them. Lawyers are the problem. Again.

    5. Re:More importantly by noidentity · · Score: 1

      You forgot unit tests, and perhaps test-driven development. This way we can simplify the laws as much as possible, knowing we haven't eliminated their intended purpose. But I think this would reveal their true purpose, as there would be a unit test that ensured that the laws were incomprehensible and too numerous to actually follow.

    6. Re:More importantly by Anonymous Coward · · Score: 0

      I want a Python Law version, it will be the most readable laws ever !!! :)

    7. Re:More importantly by don.g · · Score: 1

      Objective-Law++ -- so a language for dealing with two semi-immiscible legal systems simultaneously, while still allowing the user to leave a dangling subclause that ends up assigning ownership of their house to the neighbour's cat?

      --
      Pretend that something especially witty is here. Thanks.
  19. Life is complex by tmk · · Score: 3, Insightful

    A few thousand people in the whole world can really understand the source code of the linux kernel. Why would Linus make it so complicated? Is this "openness" just another prank? No, some things are complex. To make laws is a highly complex issue, Of course, there are many problems with the processes of law making - but just simplyfying the language would not do any good.

    1. Re:Life is complex by jonbryce · · Score: 4, Insightful

      You don't need to understand the linux kernel source to do some shopping in Konqueror. The kernel developers and GCC understand it perfectly, and that's what matters.

      All of use are supposed to understand what the law says. Ignorance is not an excuse. But if Supreme Court judges can't even agree on what the law means, what hope is there for the rest of us?

    2. Re:Life is complex by tmk · · Score: 1

      I guess the kernel source code and 100 pages bills are the same in this aspect. You don't need to know every little regulation in every field and in every part of the process. You have elected representatives who have to deal with complex legal issues. The 1000 pages are simply not relevant to you, but you should if you get health coverage and who has to pay for it. It is relevant for you that there is no "death panel". It is relevant for you if you can go to a doctor of your choice.

    3. Re:Life is complex by Zsub · · Score: 1

      Keeping your analogy: it's not like the kernel devs agree all the time, now do they?

    4. Re:Life is complex by LaughingCoder · · Score: 2, Insightful

      No, some things are complex. To make laws is a highly complex issue, ...

      A very good point. And I hasten to point out that without a version control system, it would be virtually impossible for a large group to craft such a complex thing as the linux kernel. Now, since making laws is a collaborative exercise often resulting in highly complex legislation (like health care reform), then it stands to reason that the only way to achieve its goals without lots of "bugs" (ie unintended consequences, resource leaks, missing features, etc) would be to use some form of version control with incremental, easily diffed and peer-reviewed changes. The reviews would of course be documented so the public could see the reasoning behind the various components of the laws, and the debates, pro and con, that went into them.

      Unfortunately this is not how politics work. The so-called "debate" is actually more like horse-trading. I'll vote to include ammendment X if you vote to allow ammendment Y. Or we'll throw in ammendment Z to get the votes of this particular block. Sadly, openness, peer-reviewing and indeed rational thought are anathema to the political process. Instead, this is a process (at least in the US) that relies upon bizarre procedures and rules, bartering and extortion, featuring such tricks as filibustering (http://www.yuricareport.com/Law%20&%20Legal/Senate%20Rules%20on%20Filibuster.html) or procedural loopholes like reconciliation (http://www.nytimes.com/2009/08/02/us/politics/02hulse.html?_r=1&partner=rss&emc=rss&pagewanted=all). Small wonder we end up with so many unintended consequences.

      --
      The more you regulate a company, the worse its products become.
    5. Re:Life is complex by commodore64_love · · Score: 1

      Programming code was written to serve the programmers, so they can debug and update.

      But laws are written to serve the people, so they can obey and try to avoid getting jailed. If the people can not read the laws, then the laws are not serving their purpose. (And in my opinion should be nullified by the jury, as it's unreasonable to expect the defendant to obey that which he can not comprehend.)

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    6. Re:Life is complex by tmk · · Score: 1

      You have to learn the difference between "a bill" ang "the law". If you are not an healthcare professional 99 percent of the bill will never concern you, nor can any criminal court use the health care bill to put you in jail.

    7. Re:Life is complex by Thundersnatch · · Score: 1

      For many years Linux was developed with nothing but a filesystem, diff, and patches. Revision control is a valuable tool, but not an absolute requirement for large scale work.

    8. Re:Life is complex by jonbryce · · Score: 1

      I'm pretty sure they agree about what the current release of the kernel does do. If not, it can be determined by experiment.

      Of course they may want it to do something different, which is the equivalent of a political matter rather than a legal matter.

    9. Re:Life is complex by LaughingCoder · · Score: 1

      During those years it was a very small group of developers. The need for revision control enters when the size of the system gets large or the size of the group developing it gets large. Healthcare reform clearly meets both of those criteria, as does things like the cap-and-trade legislation being proposed.

      --
      The more you regulate a company, the worse its products become.
    10. Re:Life is complex by commodore64_love · · Score: 1

      Yes that argument works for the Obamacare bill that will eventually be signed into law, but it doesn't work in the case of the P.A.T.R.I.O.T. Act which DOES apply to average people like me. Too bad I don't understand a word it says, and therefore I'm probably breaking that law without even realizing it. So we're back to what I said before - Laws should be written to serve the people, so they can obey it and try to avoid getting jailed.

      >>>You have to learn the difference between "a bill" and "the law"

      I understand but I don't think you do. A law is simply a bill that has been passed by Congress and signed by the president. There is no major differences between one and the other. Today's Obamacare Bill will eventually become tomorrow's law.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    11. Re:Life is complex by Zygfryd · · Score: 1

      What could be simplified, for starters, is the presentation. I live in Poland, there has been a controversial bill passed recently and I wanted to look at its legislative process closer. Turns out it's nothing but pain, because you have to cross-reference multiple sources to get the full picture.
      On the parliament's website I can get:
      - Summaries of voting sessions, with each member's vote, but no reference to the topic of the vote.
      - Texts of stuff being voted on, without references to relevant voting sessions.
      - Full logs of parliamentary sessions, which reference neither the voting session numbers, nor the text numbers.
      Moreover the texts given are only diffs against earlier established law, so to get the full picture you also need to find the current laws and manually apply changes.
      So it's a ton of work to know who voted for what exactly.

      In comparison, it's easier for me to check how things work in the Linux kernel. I may not understand the intricacies, locking disciplines, non-uniform memory management etc. but I can look at the complete source. Any programmer can read the data structure declarations, the general control flow and can get an idea how certain things work. You can grep it, you can check who wrote something. It certainly feels a lot more open.

    12. Re:Life is complex by tmk · · Score: 1

      Let's look at an example, shall we? I picked a bill from govtrack.us: Respect for Marriage Act of 2009.

      The bill would change the United States Code. You would not have to know the "Respect for Marriage Act" at all, you just have to know the United States Code.

      My point: law makers use a kind of revisioning system already. The Respect for Marriage Act is like a proposed patch for the United States Code.

    13. Re:Life is complex by commodore64_love · · Score: 1

      I've always thought, rather than have revision-upon-revision-upon-revision, so that you have to dig through 20 different bills to arrive at the final document, they should just republish the whole U.S. Code with the changes made. That way you only need to look at one document - the final one. It's not as if we're running out of electrons or paper.

      The reason this popped into my head was because of the EU's Treaty of Lisbon. It will have the same force of law as a Constitution, but only consists of a series of "strike that" and "change this" revisions to other prior documents, which makes it rather difficult to read.

      Perhaps that was done on purpose.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    14. Re:Life is complex by tmk · · Score: 1

      I've always thought, rather than have revision-upon-revision-upon-revision, so that you have to dig through 20 different bills to arrive at the final document, they should just republish the whole U.S. Code with the changes made. That way you only need to look at one document - the final one. It's not as if we're running out of electrons or paper.

      I don't know about the U.S. Code but lawmakers all around the world do this already. Representatives vote for the "patch", but citizens only have to read the final document.

    15. Re:Life is complex by commodore64_love · · Score: 1

      >>>Representatives vote for the "patch", but citizens only have to read the final document.

      That assumes you can trust whoever scoured through the previous 20 bills and compiled the version viewable by citizens. I personally do not. When the EU eventually passes the Lisbon Treaty, I'm sure they will publish a readable version online, but I'm still going to go back and read the actual bills/laws.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    16. Re:Life is complex by tmk · · Score: 1

      If you don't trust the Parliamentary System at all - how would you know that the "actual bills" are compiled correctly?

  20. legal 'diffs' exist in switzerland by Anonymous Coward · · Score: 1, Interesting

    when swiss citizens vote if they want to change a law or not (switzerland has a direct democracy) they get a brochure with a summary of the proposal, questions and answers of both sides (yes because.. no don't, because..) a diff of what (raw) legal text would be added/deleted/exchanged to which law and a recommendation of the parliament and the government representatives. the recommendation sucks because it clearly biases people that don't have a clue and just want to have it done in 5 minutes. and the diffs are usually ignored by most people because it's raw undigestible legal text. not perfect but clearly the way to go..

  21. The law is a kind of code, but ... by Jacques+Chester · · Score: 4, Interesting

    1. There's an enormous amount of existing code. Look at how much Slashdot talks about COBOL, which is around 50 years old. In common law countries (eg Britain, the USA and Australia), the law has code nearly a millennium old, written in a variety of languages.

    2. Corner cases. There are lots of these. Much like software, they are usually discovered in "maintenance mode"; ie after the law is passed. As time goes on, legal draftsmen begin to include lots of standard boilerplate, which will only rarely actually be applied.

    3. Legal draftsmen. Never heard of these? Who do you think actually sits down and writes the law? It's not the politicians. They give drafting instructions, which are translated into legalese.

    Expecting politicians to read and comprehend legalese is a bit like expecting businessmen to read and comprehend assembler. It will never, ever happen. The idea of "plain english" law is a lot like "automatic programming". A total pipedream that will never happen.

    The law is a semi-structured language. You can think of it as a distributed rule system created by a mix of engineered modules (Acts of Congress / Parliament) and reverse engineering.

    The reverse engineered parts are case law. Lawyers feed in black-box test cases, then carefully record what the CPU (the judges) output. Over time they map out what the law "is". The reason legalese repeats the same phrases over and over again is because they have been proved, in court, to have specific and reliable semantics. "It ain't broke", so to speak.

    I personally think there's enormous scope for borrowing software engineering practice and tools for legal drafting, but it's no panacea. I even used to think that we could treat legalese as a kind of assembler and develop a higher level language that "compiles down" to it. But it doesn't solve the problem, just moves it around.

    Laws are flawed and problematic because they deal with humans. Humans who are complex and motivated and intelligent. No purely rule-based system will ever completely tame human ingenuity, just as no code will ever fully describe all subject domains.

    Disclaimer: I used to be a law student, until I came to my senses.

    --

    Classical Liberalism: All your base are belong to you.

    1. Re:The law is a kind of code, but ... by Anonymous Coward · · Score: 0

      I agree that this "moves the problem around", but disagree that it is "just" doing this. Creating generalizations helps to identify structure, define implementations, and paves the way for optimizations.

    2. Re:The law is a kind of code, but ... by crazyvas · · Score: 1

      1.I even used to think that we could treat legalese as a kind of assembler and develop a higher level language that "compiles down" to it. But it doesn't solve the problem, just moves it around.

      Your idea sounds interesting. Why don't you think it's a useful idea any more? I understand that it might not solve the problem it was intended to.

      But your idea might have other uses: for instance, the original version of the legal document could be written by feeding the intent in the high-level language. The output could then be tweaked by lawyers. This has a few advantages: a) automates a *part* of the legal-writing process, b) you stil have the original text in the high-level language, that people wanting just a reasonable summary of the law could read (with the understanding that it might not be perfect). etc.

  22. Use Tex by Alain+Williams · · Score: 1

    It depends on what is contained in the version control system. I agree that diffing the output would be bad, as would if the source format was something like MS Word. If the source was something like Tex or Latex then the differences would be quite sensible and easy to understand.

    1. Re:Use Tex by Antique+Geekmeister · · Score: 1

      Oh, MS-Word would be absolutely horrid. But even in LaTeX, the difference between the printed version and the source code can be quite significant.

      I recently saw some five your old code, edited by several different people, each of whom had entirely different settings for their tabs and indenting even opening and closing curly brackets. We had to set up a procedure of "check out the revisions, run them through GNU indent with these settings, and compare _that_" to see their actual changes.

    2. Re:Use Tex by TheRaven64 · · Score: 1

      I'd draw your attention to the changebar package. This comes with a nice script that you can easily drive from svn or cvs that produces change bars along the side of the typeset output indicating what has changed. I've used this on collaborative projects; it gives a much more human-friendly document than expecting users to read the diffs.

      --
      I am TheRaven on Soylent News
  23. Re:The legislative language isn't that important.. by lannocc · · Score: 1

    +1 Demand. I am not a lawyer.

  24. Good thought --- but we need to define the problem by cb0 · · Score: 1
    I certainly agree that ordinary citizens should be able to understand the laws that the morons in Congress write, in the form that the laws will be applied (ie by the courts).

    This "legal versus conceptual language" business is a problem which technology could certainly help solve. I think there have already been zillions spent on "legislation tracking systems" for congress ... probably by mainframe types.

    Half the readers on this list munge (hyper)text for a living, and could probably improve the pror solutions a ton.

    But before we decide what mechanism should be used, we need to understand what the problem is. I've appended a totally random sample of an enacted bill (ie, one that was signed by the Prez). This is what "legal language" actually looks like...

    H.R.4685 One Hundred Seventh Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Wednesday, the twenty-third day of January, two thousand and two

    An Act To amend title 31, United States Code, to expand the types of Federal agencies that are required to prepare audited financial statements.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE. This Act may be cited as the `Accountability of Tax Dollars Act of 2002'.

    SEC. 2. AMENDMENTS RELATING TO AUDITING REQUIREMENT FOR FEDERAL AGENCY FINANCIAL STATEMENTS.

    (a) IN GENERAL- Section 3515 of title 31, United States Code, is amended--

    (1) in subsection (a)-- (A) by striking `Not later' and inserting `(1) Except as provided in subsection (e), not later'; (B) by striking `each executive agency identified in section 901(b) of this title' and inserting `each covered executive agency'; and (C) by striking `1997' and inserting `2003'; (2) in subsection (b) by striking `an executive agency' and inserting `a covered executive agency'; (3) in subsections (c) and (d) by striking `executive agencies' each place it appears and inserting `covered executive agencies'; and

    (4) by adding at the end the following:

    (e)(1) The Director of the Office of Management and Budget may exempt a covered executive agency, except an agency described in section 901(b), from the requirements of this section with respect to a fiscal year if--

    (A) the total amount of budget authority available to the agency for the fiscal year does not exceed $25,000,000; and

    etc

    PS We should insist on a cap on the length (in characters) of the US Code. No new laws unless you rescind an old one.

  25. Re:The legislative language isn't that important.. by GrantRobertson · · Score: 1

    you can read the plain language version that's passed out of committee. That's the version that matters, that's the version that the members of Congress read, and that's the version that's controlling. The version of the bill that's translated is the legislation that is passed on. If that does not match up with the intent from the committee, then it is corrected to match the plain language version.

    Could you please give a reference to this information. I would like to be able to use this to explain why there are so many quotes about "not reading the bill" going around lately. However, just saying. "Someone on Slashdot who calls themselves 'Trickster' said it." is not going to cut it.

    Thanks

  26. You are forgetting something. by twotailakitsune · · Score: 1

    You are forgetting that they don't want you to be able to read bills before they pass them. If they can pass a lot of bills vary fast, it is harder for normal people to find the time to read all the bills. If you don't have the time to read all the bills, you may skip the bill that they are hiding in the mud of crap.

  27. In Italy we have this system already by Anonymous Coward · · Score: 0

    In Italy we already have such a system, with a diff between tha actual law and the proposed changes. I don't know if it's publically accessible.

  28. What the hell is he on *any* committee for? by Ronald+Dumsfeld · · Score: 3, Insightful

    So if he won't read the legislation, and says he can't understand it, why the fuck is he on any committee that is tasked with looking at specific pieces of legislation?

    It would be sad, if it was not such an obscene state of affairs. Yet, it is a general indication of the state of politics and how it is trending. The election of George W. Bush, based on the persona he projects, was a clear indication that there are more and more people who are proud to be stupid. I'm not sure if the US leads the way in chasing ignorance, or just has a higher profile in doing so. I do know that, while entertaining to watch, this glorification of fucktardery made me shake my head when Forrest Gump was released. At least there, the stupid guy is good.

    As to applying software development and maintenance techniques to legislation? Interesting idea. And the guy is talking bollocks when he says it is pointless to make legislation generally available for review.

    Slashdot proves that concerned members of the public can read this stuff. We've got New York County Lawyer. So, yes, the set of people who can comment may be very restricted outside the legal profession. Yet, people like NYCL can give an interpretation of the legislation, sort of reverse-engineering it to whatever talking points the politicians fed to their highly-paid legalese generators. They can then point at the specific bits of the legislation, and you can judge for yourself if they match the analysis. Well, if you've not been indoctrinated to vegetate in front of Glenn Beck et al.

    As long as you know where these volunteer legal analysts actually stand on issues, this would very valuable. They help tease out parts of the proposed laws that have obviously been fed into the process by lobbying groups who do not have the public's general welfare at heart.

    Apart from the obvious implication that an elected official thinks, "the public who elected me are too stupid for me to make any effort to keep them informed of what I'm doing. It is a near-criminal offense to refuse to give people a chance to have their say on vital laws. In this case, the majority do want a public option, and in an ideal well-informed democracy those who do not would accept that.

    As with all things political, and in a huge number of other areas, you should always follow Deep Throat's advice to Bob Woodward. Follow the money.

    --
    Where's the Kaboom?
    There's supposed to be an Earth-shattering Kaboom.
    1. Re:What the hell is he on *any* committee for? by cetialphav · · Score: 1

      So if he won't read the legislation, and says he can't understand it, why the fuck is he on any committee that is tasked with looking at specific pieces of legislation?

      Because being a lawyer is not a requirement of being elected. To read and understand the legal language you have to have significant legal training. Just because he is not an expert on the legal language does not mean he does not understand the broader policy objectives. The healthcare debate is hugely complicated and is going to have far reaching consequences on hundreds of millions of people for decades to come. I would much rather have my representative become an expert on these health issues and farm out the actual legal language to staffers who are experts in just this kind of thing.

    2. Re:What the hell is he on *any* committee for? by Anonymous Coward · · Score: 0

      > So if he won't read the legislation, and says he can't understand it, why the fuck is he on any committee that is tasked with looking at specific pieces of legislation?

      Because he was elected by the people of his district to represent them and make decisions about legislation on their behalf.

    3. Re:What the hell is he on *any* committee for? by Anonymous Coward · · Score: 0

      Yah, electing Obama was SO much smarter than electing Bush.

  29. SVN must die! by Cyberax · · Score: 2, Insightful

    Maybe we should switch to more distributed (federalized? :) ) system? Like, allow states to branch laws in their private repositories?

    1. Re:SVN must die! by Norsefire · · Score: 1

      Only on Slashdot could we go from a discussion about hypothetically adding legal documents to a VCS to arguing about what VCS they should use.

      And anyway, this is the Government; they'd end up using SourceSafe ...

    2. Re:SVN must die! by swillden · · Score: 1

      Like, allow states to branch laws in their private repositories?

      Allow states to modify federal law? That makes no sense, since the US Constitution specifies that federal law supersedes state law and constitutions -- what would that mean if state legislatures could modify federal law?

      Each state already has its own constitution and it's own body of state law.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  30. This idea floats in the air by Sam+Lowry · · Score: 1

    I once even spend an insane amount of time trying to explain to a fellow lawyer why adapting software practices for lawmaking will be interesting, but he seemed unable to understand.

    I then abandoned the issue altogether, but would be lucky to join anyone who is bold enough to impose such a system on lawmakers.

  31. where are the doc management lobbyists? by operator_error · · Score: 1

    This is a problem I have understood for quite some time. The 'management' wants dark age technology, and will resist change; this is clear.

    What I do not understand, is where are the lobbyists for the larger document management companies, (Documentum, Hummingbird, Filenet, or any others, and no I'm not endorsing here). Why is this space so quiet from those seemingly interested in Profit$?

    The only explanation I can think of, well, assumption actually, is the congress doesn't want to pick say IBM (for example) to manage The Bills while having to say No to all others. I can imagine the competitive bid process for That Contract.

    A few years ago, there was a bill that got passed late at night, at the very end of a session of congress. Some joker stuck in some weird provision that everyone objected to, and it got written into law because no one had time to 'look'. Version control would have clearly highlighted such a sneaky move, in time. In fact the first order of business of the new congress was to change that particular aspect of that law. Kudos to whoever can provide more precise details than me.

    1. Re:where are the doc management lobbyists? by cetialphav · · Score: 2, Informative

      What I do not understand, is where are the lobbyists for the larger document management companies, (Documentum, Hummingbird, Filenet, or any others, and no I'm not endorsing here). Why is this space so quiet from those seemingly interested in Profit$?

      It would probably not be profitable for them. Developing a special system for Congress gives you exactly one customer. To be profitable with only one customer you have to charge a huge amount of money for your system. That makes doing business with the government a completely different beast than anything else you do. And then since the government is spending public money there are all sorts of arcane procedures in place to prevent abuse and you have to know how to work that system.

      In general, companies that do business with the government specialize in it (or have a separate business division that does). Everyone else realizes that it is just a distraction and that there is more money to be made by concentrating on the private sector.

    2. Re:where are the doc management lobbyists? by Anonymous Coward · · Score: 0

      thats exactly the reason it needs to be implemented in-house by your congress...

  32. Formal language by loufoque · · Score: 2, Insightful

    More importantly, what they need is to use a formal definition of the law, coupled with a system that can check and prove there is no inconsistency within it.
    It would also make law trivial to apply, since the system can simply deduce what applies in the given situations, which means we wouldn't need lawyers anymore, and the role of judges would be greatly reduced and simplified.

    1. Re:Formal language by ChienAndalu · · Score: 1

      Exactly. There should be definitely more math and engineering in lawmaking. I'm not being sarcastic.

  33. Bug Management by kialara · · Score: 0

    More than a version control system, I think that the law needs a bug management system that people can use to put bugs in regarding language that's too open, phrases that allow "security flaws" and other interpretations that were not what the authors intended, etc.

  34. Splendid Idea, but will need to start elsewhere by starseeker · · Score: 1

    I've actually asked that question myself - whether some sort of version control system could be very useful in handling and understanding the making of and changes to the law.

    Unfortunately, expecting to get such a process actually adopted is probably unrealistic at the present time - there are FAR too many people and interests who would object to the transparency implied by being able to track changes to laws (although they would doubtless find some other way to justify it - say by claiming it would raise the costs of the lawmaking process to unreasonable levels and slow down emergency bills which would Harm The Children In Need, etc...)

    My suggestion on how to approach such a system is as follows: Begin with the available online resources (thomas.loc.gov, Carl Malamud's work at http://public.resource.org/, etc.) and start a non-profit, wikipedia style effort to import existing and historical legislation (and whatever other material may be relevant) into a version control system. It would be an EXCELLENT project for students of political history - perhaps some university departments could be persuaded to get behind it. Initial import would be quite difficult in that change sets and ordering probably couldn't start "from the beginning", so some sort of preliminary work might have to be done in either a specialized or new type of VCS. Such a project would help shake out what is needed for such a system and how to make it robust.

    Once a system is up that can display historical changes in legislation and has as its contents the history of such legislation, begin to use it and continually update it with new legislation as it appears. If the utility of the system is demonstrated (as it probably would be by media and interest groups using it to decode the process) you might begin to compel the actual legislative process to look at using it.

    But in the meantime it would help the public understand the end results and the history of its development, which is already a massively worthwhile goal.

    --
    "I object to doing things that computers can do." -- Olin Shivers, lispers.org
    1. Re:Splendid Idea, but will need to start elsewhere by tbruce · · Score: 1

      Point-in-time legislative systems such as you describe exist elsewhere -- with notable open-access collections that have them in Canada and Australia. The first was developed in Tasmania some years ago (Google "Tasmania EnAct" to find information about it).

      I'm not sure that diffs would do much to increase understanding, as they tend to operate at way too granular a level for people who just want to understand what the damn thing does. Sorta like trying to gauge the purpose and effects of a good-sized piece of software by reading a patch file. Not in my skill set, anyway.

      The section-by-section Notes that accompany the United States Code provide a change history in narrative form. The Notes for a particular favorite of mine, the Wild Horse Annie Act, are here : http://bit.ly/ivW2b . Another interesting document tracking the evolution of the law, still more accessible to read, is the Annotated Constitution of the United States, one version of which is here: http://www.law.cornell.edu/anncon/html/index.html

  35. If it's too complicated we just need more time. by 91degrees · · Score: 1

    Someone will understand the law and be willing to explain it. Someone else will be able to produce diffs. Maybe some people are altruistic enough to provide this for free.

    Where's the problem in publishing? Nothing to be gained in not publishing.

  36. why don't they put it in SVN by viralMeme · · Score: 1

    "Carper himself said, 'I don't expect to actually read the legislative language because reading the legislative language is among the more confusing things I've ever read in my life.'

    So, why don't they put it in SVN (or some similar version control system) where people can tkdiff the changes (i.e. new legislation is in a branch) or output a patchset? If a bill is passed, it's merged into the trunk. It just seems so logical to me, yet I can't find any mention of doing this on the web. What do you think?"

    Because legislative language is designed to be so confusing that no one can read it and the various vested interests and pork-barrelers can sneak the various self-serving clauses get passed Senate. If they did what you want then people would know what their politicians really do, as distinct to saying. And then where would we be, government would grind to a hault. What are you some kind of commie-socialist-liberal.

  37. awesome idea by Anonymous Coward · · Score: 0

    Maybe like open source code they could offer an option for people to contribute (obviously I'd still want people to vote on it.) I can also imagine a side benefit, laws might be simplified since you'd see them and realize how ridiculous it'd be not to merge things.

  38. I'm reminded of the GPLv3 Drafts by starseeker · · Score: 1

    and the comment system that was put in place for that discussion. I wonder if paring such a system with a version control system would be a very interesting way to manage reviewing diffs between versions of legislation. Apparently the code for the GPLv3 draft debate isn't maintained any more, but the discontinued project recommends: http://www.co-ment.net/ which looks interesting.

    --
    "I object to doing things that computers can do." -- Olin Shivers, lispers.org
  39. Great idea by CastrTroy · · Score: 1

    Sounds to mean like how Cory Doctorow started committing his novel writings to an source control repository. That way, you can see how his novel develops as he writes it. A lot of information is lost about how authors write when they write on computers, because you are often only left with a final copy. When it was done on typewriter, or via pen and paper, there was often multiple hardcopy revisions historians and others could look back on to see what they were thinking while writing a book.

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  40. Rv2.0 by transami · · Score: 2, Funny

    You want to tkdiff a bunch of B.S.? I got one commit for you:

        $ git commit -m "revolution"

    --
    :T:R:A:N:S:
    1. Re:Rv2.0 by Deltaspectre · · Score: 1

      nothing added to commit

      --
      My UID is prime... is yours?
  41. Big assumption! by Anonymous Coward · · Score: 0

    In thinking it makes sense to logically track versions, one must assume the authors WANT the reader to understand what is written. Big assumption!

  42. It's the way the Congress is structured. by tjstork · · Score: 1

    As a conservative I shouldn't be defending Carper, particularly when it comes to this crap called Health Care reform, but I can see his point on this issue.

    Senators are deal makers. Actually deciding and negotiating how we will live versus organizing those rules are two entirely different jobs - representing, and lawyering. Representation is about power and deal making, and lawyering is really a technocratic function. Asking a Senator to actually organize their laws into the US code is really a lot like expecting a developer to organize everything into assembly by hand. Senators put down contracts on plain paper text, then, they hand it off to staffers whose job it is to organize the stuff into law. Sure, we could naively say that the senators should just pass the law as is, but, we would wind up with spaghetti law, a huge blob of laws that no one could follow because they were not organized. The law has to be organized to be useful, just like large computer program.

    Now what would be useful would be a grammar system that did that job of taking the legislature's requirements, their "meta law", and have the computer compile that into the US Code. Actually, we'd probably just scrap the US Code or reverse engineer it into the new system, just so everything could be consistently organized. That way, you could enter a list of attributes for parties and a situation between them, and see what the law says, and you really wouldn't need a lawyer for much things any more.

    --
    This is my sig.
  43. The law has to be inconsistent. by tjstork · · Score: 1

    Sorry, but the law has to be inconsistent, otherwise, I doubt it could exist.

    It just needs to be more organized. Consistency doesn't matter.

    --
    This is my sig.
  44. Re:The legislative language isn't that important.. by massysett · · Score: 5, Insightful

    "Plain language version"? "Corrected"? "Translated"? "Legislation that is passed on"? What on earth are you talking about? This is horrifyingly wrong. There is no "plain language version". Legislation is not "translated". Committees report a bill with specific language; though it may be amended later (generally on the floor, or in conference) there is no "correction".

    And "The legislative language isn't that important"? That is so amazingly, completely, and gravely wrong that I have no idea where to start debunking it.

    Yes, I AM a lawyer and I work on issues involving legislation every single day, so I fully expect I will get modded down. The perils of crowdsourcing.

  45. Segmentationfault: by HNS-I · · Score: 0

    oops we've just overflowed to the execitive branch.

  46. Re:The legislative language isn't that important.. by foobsr · · Score: 1

    If that does not match up with the intent from the committee, then it is corrected to match the plain language version.

    Like in the case of the law that assigns 'the right to personal privacy' to corporations ... err

    CC.

    --
    TaijiQuan (Huang, 5 loosenings)
  47. Re:The legislative language isn't that important.. by massysett · · Score: 1

    How a bill becomes law.

    You see anything in here about "translated"? Or a "plain language version" being "controlling"?

    Yikes, modded up to 5. Slashdot's mod system ends up being a place where the uninformed moderate up the uninformed on topics like this. Then again, maybe that's what happens all the time and I just don't know it!

  48. Re:The legislative language isn't that important.. by pla · · Score: 1

    Generally, if you want to learn the content of a bill, you can read the plain language version that's passed out of committee.

    I think you missed the bigger picture here. Not whether or not we can read the plain language version, but that our elected representatives in the government only read that version, and won't even let us see the final product until we have to obey it as the Law of the Land.

    FTA: "The idea of reading the legislative language: It's just anyone who says that they can do that and actually get much out of it is trying to pull the wool over our eyes."

    I see three problems here.

    First - They do this as their fucking job. In this interview, Carper just admitted (and implicated pretty much all of his colleagues) to gross incompetence as regards the performance of their duties. Just - wow.

    Second - They use a plain English version. He mentions forcing credit card companies to use plain English. Has it occurred to the honorable Senator Asshat(D) that, just possibly, they should force congress to use plain English for the final version? Or would that just make too much sense to tolerate?

    Finally - These monkeys actually voted to deny the public the right to see this abomination, on the grounds that if they can't understand it, neither can we? Read a tech manual sometime (oh wait, they most likely couldn't). Phenomenally boring, yes. Often poorly written, even. But unlike politicians, I know when I've skimped and don't know the material, and I damned well take the necessary steps to correct that (ie, re-read it until I do "get" it). I find it insulting that they project their own massive inadequacy on the rest of us.

    Then again, to pull the wool off the blind elephant in the room, we all know why they don't want the public seeing the "real" bill, and I only wish our country allowed lynching for betrayal of public trust by an elected toadie.

  49. Re:The legislative language isn't that important.. by massysett · · Score: 1

    Whoops, should have previewed...

    How a bill becomes law:

    http://www.votesmart.org/resource_govt101_02.php

  50. Re:The legislative language isn't that important.. by dr2chase · · Score: 2, Informative

    I think it happens all the time. Even in dinky town meetings, what gets passed (which often looks like a bunch of context diffs) is the law; we may discuss it in terms of what it looks like with the diffs applied, and we may catch errors in the diffs and correct them before we vote, but what we vote on is the official thing. Sometimes we have to vote again, a few months later, to correct what are clearly clerical errors, and the clearly clerical errors, if they can easily be ignored in the interim, are ignored, but nobody pretends that they aren't law.

    It does sometimes happen that the people in charge of enforcing the law, do not understand what is intended, or perhaps the law is not written clearly; at a recent public meeting the town planning and economic development manager professed not to know what the phrase "six or zero" meant for side setback, when it had been repeatedly described as intended to mean "a minimum of six feet, except that zero is also allowed" (which is perhaps how it ought to be phrased, but it was patched into one of those tables with a column titled "minimum"). The idea is that if buildings are not actually abutting, then the alley between them must be usefully wide enough to allow trash removal, etc.

  51. AI Project, sematic analysis for lergal code by Anonymous Coward · · Score: 0

    if we go so far as to say that legalese is the way it is for logical reasons, implying syntactical consistency, and it can written using programming tools like version control, then why not go the next step and apply semantic analysis to it to weed out the contradictions and useless clauses.

    After that a legalese compiler that accepts legalese and outputs common language would be the next step then everyone could understand the law. Oops, would that put lawyers out of business?

  52. wiki titles and links by fph+il+quozientatore · · Score: 1

    Another interesting possibility would be using titles instead of numbers to identify laws, i.e., "border controls" instead of "law 7441". This would also add the possibility to include wiki-style links in the texts. All of this would greatly simplify the interface for the casual user.

    --
    My first program:

    Hell Segmentation fault

    1. Re:wiki titles and links by TheRaven64 · · Score: 1

      Giving them names just means you end up with completely uninformative things like the USAPATRIOT Act and the Save The Kittens and Fluffy Bunnies (special defence appropriations) Act.

      --
      I am TheRaven on Soylent News
  53. Re:The legislative language isn't that important.. by Anonymous Coward · · Score: 0

    My understanding is that, in at least some respects, you're both right. The Senate Finance Committee DOES have a plain language version of the bill out first (the Chairman's mark is actually readable), and once members have offered amendments and debated the bill, it's then translated into legalese. (There was actually a dust up earlier where some jerkwad Republican Senator wanted to delay the process several weeks by making the committee wait for the legalese version to be scored by the Congressional Budget Office before voting, which no one had ever thought was a good idea before and no one will think is a good idea again). But the Senate Finance Committee is unique in this practice; most other committees in the Senate and the House just have a legalese version that no one can really decipher, which is just an abomination. Probably the first step to improving anything on this front is having all committees adopting the Senate Finance Committee's rules.

    Oh, and yeah, "The legislative language isn't that important" - it's pretty darn important since it's what is actually put into law. When things go correctly, it's "not that important" since it is a direct reflection of the meaning of the plain language version. But that's only really 100% possible if you had a computer program without an agenda to precisely translate plain language to legalese, and we don't have such a program, so...

  54. Legal Code is a Version Control System by Anonymous Coward · · Score: 0

    An amendment can be written as edits to an amendment, which is written as edits to a bill, which is written as edits to the U.S. Code.

    They don't draft legislation. They patch it.

  55. legislation too complicated? by kbdd · · Score: 1

    If the legislation is too complicated for people to understand (and therefore not worthy of being posted for public scrutiny), what is the probability that the average senator will understand it before he or she votes? And if so, on what basis will the senator vote? Will he or she vote based on his or her analysis of the content, or based on what he or she has heard from neighbors, party officials, friends, lobbyists, priest or rabbi, or who else? What is the probability that Sen. Thomas Carper himself has read it and understands it? Scary thought indeed...

  56. Go all the way to normalized english by Baldrson · · Score: 2, Insightful

    Why not make the source itself a formal language? That way the idea of source code control for law would fall out naturally along with a better legal system.

    From Example of Normalized English Input to NLESB:

    Normalized English has been developed by Layman E. Allen and his colleagues; see for example, Layman E. Allen, ``Language, Law and Logic: Plain Legal Drafting for the Electronic Age,'' Computer Science and Law (Bryan Niblett ed.), 1980, pp. 75-100. Normalized language has been used in the Tennessee statutes (Tenn. Code Ann. sect. 33-6-104(a) (1991)).

    An example of the form of Normalized English used as input to the NLESB system follows. Note that the formatting is for the sake of readability, and is not necessary for NLESB.

    Subsection (a). IF AND ONLY IF
    (1)(A) A person has threatened or attempted suicide or to inflict serious
            bodily harm on himself, OR
            (B) The person has threatened or attempted homicide or other violent
            behavior, OR
            (C) The person has placed others in reasonable fear of violent behavior
            and serious physical harm to them, OR
            (D) The person is unable to avoid severe impairment or injury from
            specific risks, AND
    (2) There is a substantial likelihood that such harm will occur,
    THEN
    (3) The person poses a "substantial likelihood of serious harm" for
            purposes of subsection (b).

    Subsection (b). IF AND ONLY IF
    (1) A person is mentally ill, AND
    (2) The person poses a substantial likelihood of serious harm because of
            the mental illness, AND
    (3) The person needs care, training, or treatment because of the mental
            illness, AND
    (4) All available less drastic alternatives to placement in a hospital or
            treatment resource are unsuitable to meet the needs of the person,
    THEN
    (5) The person may be judicially committed to involuntary care and
            treatment in a hospital or treatment resource.

    1. Re:Go all the way to normalized english by GWRedDragon · · Score: 1

      That looks great, but I do think they need to add some parens!

      From that example, it seems like the order of operations is determined by the subsection depth rather than by the language, but that leaves things hard to read in more complex examples.

    2. Re:Go all the way to normalized english by jasonharrop · · Score: 1

      See http://www.oracle.com/haley/index.html for info on an Australian software company once called Rule Burst which does this sort of stuff, which Oracle bought.

  57. Re:The legislative language isn't that important.. by aaarrrgggh · · Score: 1

    Does the legislative language create adequate specificity such that legal interpretation is clear? Does it provide adequate clarity that the "common man" should understand their rights and obligations under the law? Does the current framework create a government of, by, and for the people?

    Do bills that legislators can't read before voting on create a solid legal foundation for future interpretation?

    Something needs to be fixed.

  58. real world by jipn4 · · Score: 1

    In the real world, people use Microsoft Word change bars, instead of SVN and tkdiff. When people do everything right, they fulfill the same function. You can also run diff-like tools over word processing documents.

  59. "Under US law as it was in revision 993745353" by originalhack · · Score: 1

    That's why the OP suggested subversion instead of CVS. The other laws are just like other files in the same repository. Then, the pending bill is a patch with one new file added and changes to the text of a while lot of other bills.

    Seriously, though, it seems that a team of people could set up a repository that includes the other impacted bills and where the pending bill has been (manually) converted to such a patch file. It would be a rather effective use of staffer time and make it possible to visualize the pending bill. We have the CBO to estimate costs for legislators as a group. We need to create a "congressional version control office" to do the same for legislation.

  60. I've been thinking about this for a while by swillden · · Score: 2, Interesting

    And I think there's a lot of value to it, especially if you use a distributed VCS, like git or mercurial.

    In fact, I've even set up a github project that tracks the US Code. I have a small Python script that retrieves the entirety of the code from uscode.house.gov and extracts and organizes the titles. There's a cron job that runs this process daily and commits any changes to the local repository, then pushes them to github. So you can use the github project to track the changes that are delivered into the final version of the law.

    Where this gets really interesting, though, is if you use the DVCS in the process of crafting the law, not just to store it and track changes. The README file at the top directory of my github project describes some ideas. I have some more ideas about how the whole thing could be integrated with a sort of legislative social networking site, like github or launchpad, but with some important differences, and much more user-friendly. Here's the content of the README:

    This repository contains the complete United States Code. Its purpose is to publish the federal code in a way that makes it easy for interested individuals to access both its content and its changes over time.

    Another purpose for this repository is to explore some ideas around how to better facilitate the legislative process. Legislation comes in the form of bills which are essentially patches to the existing legal code. Many different versions of a patch may float around to be debated, discussed, amended, etc., before a final version is applied to the "trunk". The process is extremely similar to how developers manage software changes, particularly in the open source world.

    I think it would be very cool if something like github were used to manage the actual law, all in the open and fully visible to everyone. I imagine the official code as sort of a master repository. Each legislator could fork this repository and hack on his own copy. Legislators could pull from one another as they massage the language to get it right. The House and Senate would each have their own forks, as would the committees. The president, too would have a fork of the official repository.

    The legislative process would then be fully visible to anyone who cares to look. Congressman Blowhard commits a change to his code and pushes it to the public fork. Congressman Slick looks at it, likes it, pulls, commits a change and tells Blowhard about his change, etc. Eventually, the bill makes it to committee, and the committee may have several branches indicating the status of bills as they progress through the committee. Eventually, if the bill is voted for presentation to the House, it is pulled into the committee's "trunk".

    If the House votes to approve the bill, then it's pulled to the House's trunk, available to be pulled by the Senate. The Senate can make its own modifications, and perhaps the result must pass through a House/Senate reconciliation committee, before being pushed to the "Passed" branch (or fork), with a message to the president.

    Anyway, that's the idea. It may seem kind of silly, but if you've ever actually tried to track the progress of a bill through the existing web interfaces, it's horribly difficult, and there's a lot of information about the bill's movement through the process that simply isn't available. I think using revision management tools just might make the whole process both easier and more transparent.

    And that's what I want to play with.

    I fully recognize that many legislators may not WANT the sort of transparency that the system would facilitate, but I think that there are a crop of young reformers every year who would embrace it, and in another decade the "facebook generation" will start entering the legislative halls in a big way. It would take a long time to get something like this incorporated into the process, but the result would be a great improvement to our republic.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    1. Re:I've been thinking about this for a while by starseeker · · Score: 1

      Thank you for setting up a very interesting repository. Mod parent up!

      --
      "I object to doing things that computers can do." -- Olin Shivers, lispers.org
    2. Re:I've been thinking about this for a while by ralphbean · · Score: 1

      And I think there's a lot of value to it, especially if you use a distributed VCS, like git or mercurial.

      In fact, I've even set up a github project that tracks the US Code. I have a small Python script that retrieves the entirety of the code from uscode.house.gov and extracts and organizes the titles. There's a cron job that runs this process daily and commits any changes to the local repository, then pushes them to github. So you can use the github project to track the changes that are delivered into the final version of the law.

      CivX has scraped the wayback machine of uscode.house.gov and has changesets from all the way back to the dawn of time.

    3. Re:I've been thinking about this for a while by joeljkp · · Score: 1

      This is fascinating. I've long wanted to set up something like this, but couldn't wrap my head around how to do it, or how it could be made sufficiently open or community-based (if that was even possible).

      Do you make an attempt to tag changes with common names (Changeset 187591734 = "PATRIOT Act")? What about laws under consideration?

      Here's what I envision:

      * A master repository containing the base code (like you have).

      * Browseable changesets (or branches, or tags) containing specific laws, bills, proposed changes, etc.

      * Committed changesets == passed laws

      * Automatic (or community-based if necessary) conversion from bill text to changet

      * Fine-grained commentability (individual lines, phrases)

      --
      WeRelate.org - wiki-based genealogy
  61. Buggy Whips and Legal Sausages by strangedays · · Score: 1

    I work (for a few different gigs) on interpreting laws (policy) into rule based systems, the resulting logic gets used to provide advice on arcane topics. I am not a lawyer (just work with em, don't worry I wash my hands regularly). Just a working stiff, yer logic chopped and rules wrangled, for a fee.

    Many folks ere' on slasherdot flog the analogy with procedural code, yuss that sort of exists, but clouds the issue a bit cos it needs flow of control logic, which is irrelevant see...; instead jest think declarative stuff, yer basic natural language rule based documents and application...

    we could:
    express the rules in the laws using natural language (some mildly constrained version of English)
    include decent definitions, examples and structure
    be intended for normal folks to read and use; "normal" is overrated, but you catch my drift, the audience shoudl be anyone with a reasonable level of common sense and basic: Readin, Ritin and Rithmetic
    be published prior to becoming law (draft plain English form)
    the language could and should express laws in ways that can be tested and verified by logic choppers
    the documents should be placed into version control and organized for retrieval and use and research (candidate solution, Hire Google, et-al)

    The internet (thanks Tim, et-al), shines a stark and ghastly light on the multiply regurgitated texts that come out of the legal sausage factories. Publication online will shock people when they realize what the politicos have been doing, so expect changes; also expect this process to be publicly supported and privately resisted by the politicians and legal jaberrwocky merchants.

    Politicians are now unnecessary anyway, classic buggy whip makers, they need to morph into something useful.
    Their current role was needed when we could not all assemble and vote together because of distance, hence the need for a "representative".

    The corrupt and self serving crooks that huddle in remote "legislatures" are not respresenting we the people, they are representing the highest bidders for their votes. The few decent ones we send are (a) lost in the crowd and thus ineffective (b) ephemeral, as they are fiscally ill-equipped to survive.

    Could be Sarcasm:

    Currently law is clearly not written to be understood, by anyone. Obscurity, obfuscation, the sheer volume of the texts, lousy cross referencing schemes, absent citations, absent change logs, these and many other methods are used to render the law as a write only document, inaccessible to those who must remain ignorant of what it really says (any member of the public). No one in software engineering would stand for this bullshit for even ten seconds.

    The resulting sausage quality is insanely poor: with innumerable glaring errors, obvious conflicts, silly omissions, absent or unusable definitions, lack of examples, poor organization and formatting, no version history or change logs, etc...

    There is no quality control, because no one takes any responsibility for the legal text, no feedback loop, no one ever gets fired for errors no matter how massive: Even the politicians that vote on it don't read this muck, so no one does.

    The "technology mindset" of the people involved in drafting laws is mid 17th century, think quill pens and green eye-shades, they are boldy striding into the century of the fruitbat.

    At the same time... there are many wealthy and self satisfied industries of people who's only "value" is to interpret (for a fee) the resulting legal sausages. This is, of course, not a situation the will want to change.

    Sam Sixpack (aka jane doa) has been "edumacated" to believe themselves incapable of understanding the law, despite the fact Sam and Jane are(a) contributing members of society and thus more valuable than the dickheads that wrote the legal drivel (b) expected to be intelligent enough to comply with the stuff.

    A semi serious suggestion:
    Let's require a capability test: Before any "representative/crook" can vote on a bill

    --
    There is no god; get over it already! Never exchange a walk on part in the war, for a lead role in a cage.
  62. The Code is the Law by hvidstue · · Score: 1

    If anything goes wrong, then stick to the Code. Aye, the Code.

  63. UK is way ahead of USA here by Anonymous Coward · · Score: 0

    http://www.statutelaw.gov.uk/

    With annotations and revisions and everything. Not perfect, but a pretty good example of "how it ought to be done".

  64. Bills are already written as a 'Diff' by w3woody · · Score: 2, Interesting

    From HR 3200:

    "Part A.--Section 1814(a) of the Social Security Act (42 U.S.C. 1395f(a)) is amended--
    (A) in paragraph (1), by strikeing "period of 3 calendar years" and all that follows and inserting "period of 1 calendar year from which such services are furnished; and"; and
    (B) by adding at the end the following new sentence: "In applying paragraph (1), the Secretary may specify exceptions to the 1 calendar year period specified in such paragraph."

    The reason why these guys don't want to read the law is because they're reading a Diff; it takes additional work to dig up the original law and figure out what the diff actually means.

    It's why there should be a legislative analyst (such as the one in California who interprets Initiatives for the voters) who can impartially summarize the actions the law will likely take, the potential costs or savings, and who can produce the original law with modifications, using strikeouts and italics to show where the changes take place.

    And the output of that analyst should be made available to the public as well on forums such as Thomas.gov, so the lay public doesn't have to chase down the three or four dozen other laws (from Social Security to HIPAA) which laws such as the Health Care Reform Bill would touch.

    1. Re:Bills are already written as a 'Diff' by GWRedDragon · · Score: 1

      There is no such thing as a impartial summary of any law. Whoever writes such a summary will always include personal biases in it.

      On the other hand, what the final code will look like given the application of a particular "diff" is pretty straightforward. I would be extremely surprised if any elected official did not have access to such information already.

    2. Re:Bills are already written as a 'Diff' by w3woody · · Score: 1

      I would be extremely surprised if any elected official did not have access to such information already.

      In the case of H.R. 3200, lawmakers were voting on the law before it was completely written.

  65. Legal Code - understandable and modular by Anonymous Coward · · Score: 1, Insightful

    The health care bill requires that insurance policies all be written in "plain language" and refers to government regulations that define what that means. It should live up to the same requirement for all legislation. All bills should be clear, published for public review, brief, focused on a single topic, etc., in other words like good modular code that is subjected to peer review.

    Many will assert that issues like health care are very complex and require complex legislation. This is not true for several reasons.

    1) The U.S. Constitution is only 4,400 words and less than 10 pages.

    2) Complex law is bad law because it will be subject to arbritary interpretation like our tax code.

    3) Congress should not even try to manage our lives or the executive branch at a level of detail that requires thousands of pages to define.

    4) The current practice is used purposefully to hide special earmarks and other features that would never pass if exposed to public scrutinany.

     

  66. Political elitists by Dannon · · Score: 2, Insightful

    Several senators felt that the actual legal code would be too cryptic and complicated to be useful.

    Translation: The voters who elected us are not only too stupid to make their own personal financial and healthcare decisions independent of government, but they are also too stupid to understand the laws that we are enlightened enough to impose on them.

    They need to get over themselves. A friend of mine from Romania became a new American citizen this year. I showed him a "pocket" copy of the Constitution I have, and we started talking about it. He said that the greatest thing about it is its simplicity. Anyone with a decent vocabulary can read the Constitution and understand its plain language, even if English is their second language, even though it's now more than 200 years old.

    It was a law written to be understood by the people. When the law is no longer simple enough to be understood by those who live under it, it becomes a weapon of tyranny.

    And these politicians want to tell us that we are too stupid to understand how our own government works. They tell us this because if we believe it, they have power over us.

    --
    Good judgment comes from experience.
    Experience comes from bad judgment.
  67. Unworkable by aero6dof · · Score: 1

    It would never work, the legislators would be too afraid of the "blame" function.

  68. Here's a preliminary mock-up by Anonymous Coward · · Score: 0

    Entire contents copyright (c) 2009 by the United States government. Any republication without the express written consent of Congress is prohibited. Language of the finished bill will vary from the contents of the repository. May not include late earmarks for taxpayer-funded projects in the districts of Senators and Congressmen deemed to represent important floor votes. Budgetary figures may be estimates to be used as guidelines. The President of the United States may attach "signing statements" that materially affect enforcement. Actual results will be worse than forecast. Some provisions may be ruled unconstitutional by Federal courts. Neither CollabNet, Inc, the United States Congress, the executive branch of the United States Government, or the organization hosting the web site are responsible for errors or service outages. Consult with your local Congressman or Senator for details.

    r1.3 added "actual results" disclaimer

  69. Re:Formatting to minimize diff size is a huge prob by radtea · · Score: 2, Insightful

    I'm not aware of any version control system that does this. Is anyone else?

    Huh? You're not aware of any version control systems at all? Strictly speaking it is the particular diff tool rather than the VCS that matters in this case, but every diff tool I've ever worked with has options specific to suppressing exactly the kind of trivial differences you've inexplicably cited as a "big problem."

    --
    Blasphemy is a human right. Blasphemophobia kills.
  70. Experiences with 'plain English' laws by Anonymous Coward · · Score: 0

    This has bee experimented with, in Australia (see, for example, the Social Security Acts). It has failed fairly badly.

    The problem is that the whole purpose of rules is to establish things at a level of generality and abstraction, with courts left to interpret how that general rule is to apply to an individual situation.

    Once you start trying to write out in detail every possible occurrence that might be raised with what an area of law is dealing with, it becomes huge. The social security legislation in Australia was written to be 'plain English' and it largely is, but it's so damn large - it's out to 3,000 pages long about - and so many sections are cross-linked, need to be read with definitions, and you need to read just so damn many sections to get an idea of the scheme of things, it becomes justs as obtuse as any concise legalese.

    Judges have commented on this strongly: plain English doesn't make things easier for laypeople. It just moves the problem, being that law has to cater for so many situations and with human issues with no clear issues, that it's hard and can be complex.

    I've seen self-represented litigants in social securities tribunals grappling with plain English statutes just as much, if not more, than any old statute from the 1903 onwards.

  71. They don't *want* you to read the bill! by bradley13 · · Score: 1

    Putting bills into version control would make sense - if one wanted people to be able to check the contents. In fact, most bills contain numerous special-interest amendments that are intended to sail through without any undue notice. If the legislators themselves are neither willing nor able to read the legislation they pass - let's just say that this is a giant clue as to the state of our governmental system. In fact, changes are generally made to a bill up until a few hours before the vote, meaning that - even if they wanted to - legislators could not possibly be aware of the exact contents.

    The best thing Congress could do to remedy the situation would be to require the text of any bill to be finalized and made available to the public two weeks before it is voted on.

    --
    Enjoy life! This is not a dress rehearsal.
  72. I am doing this now as a hobby project. by Anonymous Coward · · Score: 0

    http://www.opensourcecountry.org

    A website for creating legislation using git as the version control system. Currently very Alpha, just a forum working at the moment, doing the initial git development work now.

  73. You can't climb back up this slope by fyngyrz · · Score: 3, Insightful

    The problem is they're *all* "shitty bums." So it rarely matters what you do in the voting booth.

    ...you don't get to select who to vote for. That's done by the political parties; they pick candidate A, *and* candidate B, both at a very deep level that has *nothing* to do with the voters. Then *you* choose between the two -- and in no case are you able to elect anyone who will not maintain the status quo. Well, unless you live in Ron Paul's district, but that is a rather unique aberration, and again because it is a statistical blip, won't get anything changed.

    The root problem with our voting system is that it is specifically designed, both at the citizen level, and at the legislator level, so that any two uninformed individuals (of which we have a vast surplus) can outvote any informed person (of which we have a severe shortage.) Consequently, our system is degenerating at a steady pace, our liberties evaporating, our privacy eroding, our founding ideals moldering.

    There is a (ridiculous) mindset out there that says that reasonably qualifying individuals to vote is "prejudicial"; these loonies imagine that it is racist or otherwise unfairly disenfranchising. However, the only people it disenfranchises are people who fail to become informed on the issues they're voting for. Obviously handing over this responsibility to a representative was supposed to solve the "uninformed" problem, but also obviously, it doesn't.

    Watching the country implode upon its own founding precepts has become the national spectator sport. The chief betting issue being only whether the next blow to the country will come from the legislature, the courts, or the executive.

    --
    I've fallen off your lawn, and I can't get up.
    1. Re:You can't climb back up this slope by commodore64_love · · Score: 1

      The system worked better prior to the U.S. industrial revolution (1870 onward). Before intelligent people had no place to go except government or agriculture, so the halls of government were filled with lots of intelligent persons. But now most intelligent people would rather work for industry, and what's left for government are the not-so-bright.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    2. Re:You can't climb back up this slope by inwo42 · · Score: 1

      In my opinion, the root of the problem is that most people assume they can only choose candidate "A" or "B". Seeing a list of "other" candidates has no impact on most Americans because we are inundated with "it's between candidate 'A' or 'B'". Most choose "the lesser of two evils" without considering we actually have a choice. The excuse is always "if you don't vote for one of the main two, you're just throwing away your vote". If everyone who thought that way actually voted for who they thought could actually do some good (and researched those "other" candidates) this country would see a third and fourth political party that could make a difference in the system.

      Legislators that don't read bills and actually admit that they don't need to be run out of this country, even more so when the excuse is "it's too complicated". Those asshats are responsible for WRITING it! The big House bill for health care reform actually stated that the legislation should be easy to understand. The language explaining that wasn't even easy to understand!

      We need to smack people over the head with some common sense and get people to vote for who they think is right. Voting for the "at least he's not as bad as the other" candidate is a crock and a cop-out.

      I agree with leaving a ballot blank if you aren't informed, but nobody who wants to make a change should be uninformed.

      As a side note, I believe legislation should be enacted to allow everyone to kick a lobbyist (and the congressmen who take their money) in the shin at any given time.

    3. Re:You can't climb back up this slope by tthomas48 · · Score: 1

      Nah, I blame the "shitty voters". If 50% of Americans don't know that Medicare is a government program, then I'm not going to trust that their vote is going to be in any way informed.
      Politicians represent their constituents far too well.

    4. Re:You can't climb back up this slope by fyngyrz · · Score: 1

      ...nobody who wants to make a change should be uninformed.

      This is a fine sentiment, but... look, did you ever see that video where Penn and Teller go to an environmental thing-in and circulate a petition against H20? They got signature after signature, after describing it as erosive, able to kill people if it got in their lungs, that sort of thing.

      I think what people need to do is find someone known to be the median IQ. That's 100 (by definition.) Half the people (actually more, since the peak is highly populated) are 100 or under, again by definition. Have a conversation about complex political issues -- the fed, the constitution, lobbying, the various wars, medical care -- with this person.

      At that point, sit back and ask yourself if you really believe that those people are going to become informed voters. Ever.

      Personally, I'm convinced that the founders had the right idea when they decided upon a representative form of government. But the field from which the representatives now come from is no longer naturally self-selecting wealthy, intelligent, civil-minded folk. Instead, we're getting not-too-awfully-bright people who are, in general, highly indebted to the political party and sub-rosa process that selected them, and are now in for a term (or many) of making deals to address that debt. The deals themselves are an unholy mix of corporate lobby input, tit-for-tat about the last vote, donations from special interest groups, and pure idiocy ("The Internet... is like a series of tubes..." etc.) Just watch congresscritters speak to one another for a while, it's downright painful.

      And as if that weren't enough, one can simply look at the end result: of the ten amendments in the bill of rights, only amendments 3 and 7 remain relatively unscathed. Elsewhere, the prohibition against ex post facto law, explicitly directed to both the state and federal governments, has been run over roughshod. The commerce clause, clearly limiting the federal authority to interstate commerce, has been flipped topsy-turvy into an all-purpose tool to meddle with intrastate commerce (and more than commerce) to any degree the feds decide is convenient on any particular day.

      The system is flipping bustamente. I can't see how it can possibly be fixed without a serious revamp that takes into account the things the founders tried that simply don't work. Like - for instance - expressing the federal limits in a constitution that has no teeth - no punishment for violation whatsoever. Or like the whole ignoring the amendment process in favor of just using the judiciary - who have NO constitutional authority to amend whatsoever - to meddle with the content to any degree they like.

      I know. Grim. But that's how I see it. We have a government that is operating well outside of its valid constituting authority, and we do not have control of this entity. Quite the reverse. Our currency has been printed into worthlessness and is continuing on inertia, no more... it could crash any day now. We have no real manufacturing, no real creation of material value left because we allowed unions and their cohorts to price labor out of the market. Darned near every market. And NOW they want to get rid of the immigrants, people who ARE willing to do real work for wages that make the work practical. Ugh. What a mess.

      --
      I've fallen off your lawn, and I can't get up.
  74. US Code on github by swillden · · Score: 1

    Hence the idea of using a version control system, to be able to read side-by-side the law before and after the bill.

    This allows you to look at the diffs after they become law, not before, but it demonstrates the idea.

    http://github.com/divegeek/uscode

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  75. A simple Proposal by Anonymous Coward · · Score: 0

    I think that each legislative bill should be required to be approved by a committe of high school english teachers. They should verify that it is clear, understandable and plainly written.

  76. Fortunately, this is a much smaller problem. by Ungrounded+Lightning · · Score: 2, Insightful

    There's an enormous amount of existing code. Look at how much Slashdot talks about COBOL, which is around 50 years old. In common law countries (eg Britain, the USA and Australia), the law has code nearly a millennium old, written in a variety of languages.

    Fortunately we're talking about a much smaller problem.

    We're not talking about putting THE LAW into a revision control system. We're talking about putting THE STATUTES and PENDING LEGISLATION into a revision control sysetm. This excludes common law, administrative law, judicial interpretation and precedent, judicial striking of law for constitutional issues, judicial district differences in precedent, enforcement priorities, and a host of other things.

    The constitution, the statutes, and their proposed revisions are exceedingly well structured for a computer-code-style revision tracking system.

    Later such a system might be augmented to track things like judicial precedent, law review articles, history of enforcement, and the like in much the same way that current sysems can (or should B-) ) track documentation and its connection to code.

    But the immediate target is eliminating the "too complex to understand so I didn't bother to read it" excuse that the legislators are using to pull con games on their opposition and the public.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  77. It already IS a formal language. by Ungrounded+Lightning · · Score: 1

    Why not make the source itself a formal language?

    It already IS a formal language: American English Leagalese.

    This language started out as essentially the language as spoken at the time the early laws were written, then various words had their meanings defined, clarified, and frozen by court decisions. Further laws, contracts, and legal arguments and decisions used these words whose meanings were clarified in preference to other words that had not been so clarified. Meanwhile, in the absense of public education in the law for people who weren't making a carreer in the legal system, the spoken language drifted away.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  78. Special Interests by PPH · · Score: 1

    Put the entire USC, regulations and pending legislation into SVC? Or better yet, an expert system.

    Its been done. But there are (highly profitable) industries who provide consulting or advisory services based on this sort of knowledge base. But this on a free web page and millions (billions?) of dollars in profits vanish in a puff of open source smoke.

    If you want this sort of access, you can buy it. Well, maybe not you, unless you are quite wealthy.

    --
    Have gnu, will travel.
  79. Where's Thomas? by Ungrounded+Lightning · · Score: 1

    This sort of revision tracking can be added on later.

    Initially it MUST be added on, by porting the current laws and the legislative history to a revision tracking system. Later legislation can be entered and connected as the bills are submitted, amended, voted on, passed or rejected, sent to conference, signed or vetoed, etc.

    There is ALREADY a government office that is MANDATED by congress to do EXACTLY THIS - making legislation in progress electronically accessible and searchable: It's the Library of Congress, with its Thomas project. They started it as a solution to a publication problem. But it's been improving and evolving toward a revision tracking system.

    IMHO what is really being asked for here is a system more explicitly organized AS a revision-tracking system (with a public read-only interface), with the useful code-clarifying tools that have been developed for software ported over to the legal code. And to make this available to the legislators while mandating that they (i.e. the staff) use it for the new stuff in their day-to-day operation.

    And it seems to me that the logical audience for such a suggestion is not the Slashdot community (though perhaps discussing it here is useful for getting the proposal together and mobilizing a mob to lobby for it B-) ). Instead the right audience is:
      - first the Thomas group in the Library of Congress, asking them to incorporate more computer-code revision-control insights to improve their (already very nice) system's functionality (with an eye to also making it useful to congressional staffers),
      - then congresscritters' staff (to get them to use it to help THEIR work),
      - then the congressional printing office (to get the congressional record more integrated with it),
      - then finally the congresscritters themselves (to get them to make it the official way to do their INTERNAL publications).

    = = = =

    A possible downside to applying revision tracking to legislation is McClary's Third Law: "Code complexity expands to saturate the available code management tools." - derived from Mark Miller's observaton during the Xanadu project that "The complexity of a database is limited by the number of colors of magic marker available for making the whiteboard diagrams."

    Think your laws are complicated NOW? Just wait.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  80. It's too easy. by Z00L00K · · Score: 1

    And to nerdy, which means that it will never get passed because there is certainly some old and obsolete law that says that such methods are unreliable or unsafe and can't be used because it's a threat to democracy, the state or the head of state.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  81. First, they must move past fax... by Trip6 · · Score: 1

    Remember that many politicos are old and are just getting the hang of email and other electronic media. There is still a huge amount of faxing going on. The idea of posting documents electronically is one thing, the idea of providing deltas, versions and even configuration control is something else entirely.

    --
    I hate being bipolar; it's awesome!
  82. The answers I got 3 years ago: by straponego · · Score: 1

    http://politics.slashdot.org/comments.pl?sid=179029&cid=14838389

    Supposedly Congress does have a revision control system. But nobody uses it. Seems like it would be easy to put it online, which would tie in with Obama's transparency pledge.

  83. We've already been through this. by tomocoo · · Score: 1
  84. Don't forget the beauracrats by Anonymous Coward · · Score: 0

    First, making versions of the code available to the public is obviously a step towards better accountability in government. By itself it won't come close to fixing the problem but it would be a step in the right direction. There is no good reason why laws should not be made comprehensible before passage. Ignorance of the law is, after all, inexcusable in court; why should our legislators expect to be less accountable?

    Second. I thought it important to point out that what legislators pass is called statutory law and is the statute, but what the citizenry and courts are required to abide by is the code of federal regulations which is written entirely by the executive branch after the legislation becomes law. The "Code of Federal Regulations" is another area where technology might be of use in making certain that the practical results of legislation better match the idealistic rhetoric that preceeds passage.

  85. screw the public by shentino · · Score: 1

    If we the people could actually see the laws that were being passed we'd hue and cry at the rampant abuse, and our legislators wouldn't be able to snuggle up to the piles of campaign cash they get from special interests.

    Sorry, but cockroaches don't like sunshine.

  86. the progressive ideal? by HornWumpus · · Score: 1

    Then progressives are idiots for expecting the hospital to eat it.

    Of course they add the cost to the bills of others who use the service.

    I wouldn't put the UK up as a success story if I was you.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    1. Re:the progressive ideal? by commodore64_love · · Score: 1

      >>>Then progressives are idiots for expecting the hospital [correction: corporation] to eat it.

      Well most progressives are highly-educated college grads, not idiots. And frankly I'd rather see the cost for poor persons be borne by the megacorps, rather than by me the taxpayer.

      >>>I wouldn't put the UK up as a success story

      I wasn't. I wqas using it to demonstrate how the government/public option resulted in the death of private insurers in the UK.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    2. Re:the progressive ideal? by hughk · · Score: 1

      Private insurers are not dead in the UK. It is just the theft that private insureres get away with in other countries is not viable in the UK so they must concentrate on things like hotel services (upmarket rooms).

      --
      See my journal, I write things there
    3. Re:the progressive ideal? by commodore64_love · · Score: 1

      >>>hotel services (upmarket rooms).

      We were discussing MEDICINE and the insurers in that market, not hotel rooms. The advent of the government/public option in the UK eventually killed-off the private medical insurers, so what you have now is a monopoly. And monopolies are shit (take-away the right of choice).

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    4. Re:the progressive ideal? by hughk · · Score: 1

      You *can* go private in the UK. You can pay to circumvent queues but you probably won't get a much better service.

      This is the real reason that PPP/BUPA and so on are concentrating on so-called 'hotel-services'. The state doesn't monopolize, but because they are more efficient than the private sector and have economies of size, that is why private insurers are hamstrung there.

      Note, I have lived in the UK, I do not work there now and am heartily sick of the fortune that I have to pay on basic health care.

      --
      See my journal, I write things there
    5. Re:the progressive ideal? by JobyOne · · Score: 1

      The right of choice, eh?

      Would you rather have the *choice* of insurers who will cut and run at the first sign of illness, or the right to fucking health care? Why don't we privatize the police and fire department while we're at it? I'd love to pay $100 a month for 911 service.

      How exactly does health not fall under "life, liberty and the pursuit of happiness?" I'll tell you how, it's exempt from actually serving public good because the insurance industry makes a few people way too rich for them to ever give it up without a fight.

      --
      Porquoi?
  87. Not source control, QA by Hotawa+Hawk-eye · · Score: 1

    Putting the laws in some sort of source/version control will not help as much as having dedicated testers that can take the specification of the law (the bill being proposed) and find the loopholes BEFORE the bill is implemented (becomes law.) And no, lawyers and judges don't fulfill those roles, at least not as I'd like to see them filled. Judges don't get to try out test cases before the law is passed; in fact, they only get to consider those cases once a "customer" has already found a bug.

  88. FreeLegalWeb by Anonymous Coward · · Score: 0

    Here in the UK, you can look forward to the FreeLegalWeb: http://freelegalweb.org/

    The idea is to collate all law stuff, like case law and statute law, and put it in one place, using the most innovative of technologies, the hyperlink (which the government is slowly getting more comfortable with). This will help with understanding law. Speaking of diffs on bills, I believe there is another project working to that end, but I forget its name.

  89. This is what Ted Nelson wanted by doom · · Score: 1

    If any one cares, this idea is one of the key things that Ted Nelson (you know, the guy who invented the word "hypertext"), wanted from his Xanadu system. He was really interested in tools to assist in inter-comparison of multiple versions of text. In fact, he apparently wanted tools that are a little more complex than the usual version control front-end, for example, he liked the idea of letting a writer organize some thoughts in three different ways, then pick which version seems best without risking losing an important point in one of the other versions.

    But yeah, it would seem to be a rather useful public service for someone to take the publicly available info about pending legislation, and just load it all into a mediawiki site, or some such, so that people can easily browse through the history of the changes. Just to pick an example at random, there are four versions of this bill in the THOMAS database: H.R.3221, and that page provides links to all of the versions, without any obvious way of comparing them.

    By the way, there's an awful lot of interesting stuff out there apparently dying in committee, just waiting for some bright young political blogger to pick up on them:

    S.J.RES.4:

    Title: A joint resolution proposing an amendment to the Constitution of the United States to abolish the electoral college and to provide for the direct popular election of the President and Vice President of the United States. Sponsor: Sen Nelson, Bill [FL] (introduced 1/8/2009) Cosponsors (None) Related Bills: H.J.RES.9 Latest Major Action: 1/8/2009 Referred to Senate committee. Status: Read twice and referred to the Committee on the Judiciary.

    S.48

    Title: A bill to amend the Help America Vote Act of 2002 to require new voting systems to provide a voter-verified permanent record, to develop better accessible voting machines for individuals with disabilities, and for other purposes. Sponsor: Sen Ensign, John [NV] (introduced 1/6/2009) Cosponsors (None) Latest Major Action: 1/6/2009 Referred to Senate committee. Status: Read twice and referred to the Committee on Rules and Administration.

  90. Re:Formatting to minimize diff size is a huge prob by Antique+Geekmeister · · Score: 1

    Oh, dear: I'm very aware of source control systems. "The particular diff tool" should, in my opinion, be considered a part of the source control suite: it's built into the various 'diff' commands built into the source control suite. And even GNU diff's reasonable handling of whitespace was not well incorporated into systems like Subversion until quite recently. (I recently had to spend way too much time with a 1.1.x installation for RHEL 4, with an engineering acquaintance who refuses to upgrade anything "unless he has to".)

  91. It is a diff by dajak · · Score: 1

    The bill obviously is a diff on the existing body of law. I don't know how it is produced in the US, but one way of producing it - showcased in some research projects in the EU - is by simply editing the existing body of law stored on a version management system and then have the editor generate the act from a generic template for bills, a set of sentence models, and the diff. Nobody has to read it, since the result of applying the act is already known. The legislator's approach to this is very much like version management in software development, except that 1) the codebase is centuries old, 2) thousands of people work on it, generally without deep knowledge of what other committees are doing, causing occasional confluence between amendments, 3) hundreds of millions are affected by it, and 4) most of the people involved don't have the mindset of a programmer.

    To laymen who don't know what the existing body of law looks like, neither the bill (lacks context) nor the set of amended documents (too much) are very useful. You need to understand the situation being changed to form an educated opinion on the change. A tkdiff is worse than a bill. At least the legal system tries to pretend it is natural language.

    It is certainly arrogant to believe that nobody understands them (I do, since I have read dozens of them, and worked on software to generate them) but it is equally arrogant to believe that SVN is better. It is not. SVN fails to make fundamental distinctions that legal amendment procedures do make. Programmers could benefit from copying best practices from amendment manuals and understanding for instance the bibliographic distinction between item, manifestation, expression, and work level changes to a text (look up MetaLex XML).

  92. Logic, Optimism, and the Law by Anonymous Coward · · Score: 0

    Glad to see optimism has not yet died out. You must have missed the part where the Senator was no intention of actually reading what they are going to vote upon. Mixing technology in will not help make the Laws any better or less confusing if the folks that are suppose to vote on these matters are not even bothering to read the documents.

  93. Re:The legislative language isn't that important.. by GWRedDragon · · Score: 1

    I completely agree. The problem is twofold:
    1) Laws are being written to target such a broad and deep scope of circumstances that understanding all of the ramifications, interactions with existing case law, and possible side-effects may be difficult or impossible for an individual
    2) It greatly benefits politicians for the law to be difficult to be understand in such cases, usually because if people understood it they would have a problem with it

    The only solution, of course, is for the law to not attempt to guarantee everything to everybody (something which goes against basic politics).

  94. Existing systems by jasonharrop · · Score: 1

    There are systems which version-control the drafting of legislation. See for example http://www.teratext.com/products/teratext-for-legislation.asp

  95. It's coming by Anonymous Coward · · Score: 0

    I am working on this. ;)

  96. That's your problem right there... by Anonymous Coward · · Score: 0

    The problem we have is that too much complicated, archaic language in legislation. Whatever happened to government of, by, and for the people? We should have an amendment that states that all legislation be in plain, modern English. That would get rid of half of the "lawyer" problem as well....

  97. DownsizeDC.org's Read the Bills Act by dajozz · · Score: 1
    Take a look at DownsizeDC.org's Read the Bills Act and all their other campaigns. Their mission is to get this country back on track. Take a moment and contact your senators!

    ---- "Never underestimate the power of a small group of people to change the world. In fact it's the only way it ever has." - Margaret Mead

  98. One small problem... by meerling · · Score: 1

    The author sounds like a programmer. Which explains why he used logic, reason, and lots of dev terms.
    Of course, this is also the main problem.
    All those things are anathema to politicians, especially when they realize it might actually increase the publics understanding of what the politicians are actually doing.

    So even though slashdotters probably love the idea, the politicians will never implement it.

  99. This will never happen by kimvette · · Score: 1

    Without major changes (such as getting the libertarian or reform party into power) something like this will never happen. It's the mission of modern legislators to slip in pork-barrel spending, projects earmarked for their buddies and campaign contributors, and also increase reliance of the people on the government.

    If they were required by law to post these bills prior to voting on a publicly-released draft, they just might be held accountable, and representatives' and senators' office and home telephones would be ringing constantly due to the outrage caused by reckless spending, tax increases, self-serving clauses, and so on - and they just might have to finally, you know, actually represent the people whom they were elected to represent because they just might be held accountable for once in their miserable lives.

    Heck, it's possible even the current president doesn't read the bills; there were clauses requiring federal funding of abortions in the health care bills at the time Obama swore up and down there weren't any, so if it was simply a matter of not reading the bills because they are too complicated for him to understand (which I'd believe), it could be "plausible denyability" - he wasn't lying because he purposely didn't read the legislation. I believe he was lying to his teeth, but by not reading the bills, politicians from top to bottom have a (shitty) excuse to say "Oh, but I didn't know!" after the fact. Unfortunately, too many of us consider that an acceptable excuse nowadays. :(

    I'm not saying that all politicians are so lazy, scummy and egotistic, but looking at the current state of affairs, it's obvious that the vast majority of them are.

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  100. Maybe the Senator Should Patent the Idea? by LifesABeach · · Score: 1

    It helps open up how and when a Bill is "changed", and by whom. It could easily allow for cost, logistics, companies affected, and employment analysis. It's a damn fine idea.

  101. Translation: by mhajicek · · Score: 1

    The law is far too complicated for mere mortals to understand. If we let you read it your head would explode.
    Let's face it; politicians think in terms of social interaction and perception (deception). If they thought in terms of logic and reality they would be coders.

  102. Not Soon Enough, and add in rule syntax as well by justhatched · · Score: 1

    There are already a number of semi-automated legislation interpreters in the rule engine field, albeit like early OCR systems, but the application and testing of formal logic to new or amended acts cannot come soon enough! I can just imagine future proposals requiring successful test runs of existing and new test scenarios before voting proceeds.

  103. Legislators don't read what they vote on... by gibson042 · · Score: 0

    I don't expect to actually read the legislative language because reading the legislative language is among the more confusing things I've ever read in my life.

    ...but you are expected to comprehend every word.

    Read the Bills