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America's Technical Debt

Funksaw writes: An article by Brian Boyko in Equal Citizens, Lawrence Lessig's blog dealing with issues of institutional corruption in democratic politics, explains why, specifically, this reform movement needs (more) people with technical minds and technical skills.

Quoting: "What we need are more people willing to look at the laws of this country based on their function. And when I use the word 'function,' I mean very specifically the same sense that a computer programmer means it. (Because lord knows, government isn't functioning by any other definition.) ... It's not just that big money politics is being injected [like a code injection] into the function of democracy. It's also that the function of democracy can be warped by an injection. Stopping the injection of money into our democratic function still leaves the function vulnerable to the same — or similar — injection attack.... We need people who can solve the problems of politics like a programmer solves problems in computer code, because a democratic system with vulnerabilities is a democratic system that can fail or be made to fail."

The author is the technical adviser to the New Hampshire Rebellion and Mayday.US, two of Lessig's major reform projects.

165 comments

  1. Collaboration Tracking? by LifesABeach · · Score: 1

    Laws are written, have the person, or their Aid be noted as their contribution to the law. The words come from someone, make public who wrote what from whom.

    1. Re:Collaboration Tracking? by ssyladin · · Score: 3, Funny

      Oh man - the "blame" tool just took on a whole new meaning!

    2. Re:Collaboration Tracking? by davester666 · · Score: 2

      The people that can actually change the laws, namely, the people we have already elected, have a vested interest in making sure that the changes that would be necessary, will never get enacted.

      The ONLY possible 'reset' to the current system will involve a large number of guns.

      --
      Sleep your way to a whiter smile...date a dentist!
    3. Re:Collaboration Tracking? by nomadic · · Score: 1

      That already happens.

    4. Re:Collaboration Tracking? by Anonymous Coward · · Score: 0

      Guns are irrelevant, what is needed is organizing a large number of people. A million people without guns can accomplish more than a person with a million guns.

      Unfortunately it's only the second amendment that gets protected because people like their toys. The real important ones, the ones needed to organize people and stand up to an abusive government are ignored.

    5. Re: Collaboration Tracking? by Anonymous Coward · · Score: 0

      One person with a million guns cannot wield effectively more than one so it would count as one person with one gun. One million people without guns are, today, easily dispersed or just ignored. Now, one million people AND one million guns...

    6. Re: Collaboration Tracking? by dave420 · · Score: 1

      ... get wiped out by the armed forces the first time they raise them to fire. Now one million people with explosives, now that'll worry a government.

    7. Re:Collaboration Tracking? by LifesABeach · · Score: 1

      Why are those that write the laws in the shadows?

    8. Re:Collaboration Tracking? by david_thornley · · Score: 1

      The words come from somewhere, and often adjacent words will come from different places. Laws are formed in committees that do not operate in the public view, and there are good things about this. It enables lawmakers to be more reasonable without offending less reasonable constituents.

      This isn't like our Subversion repository here, where all changes are done by an individual. Committing in the legal code requires the agreement of large numbers of people.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    9. Re: Collaboration Tracking? by Anonymous Coward · · Score: 0

      Try one million unarmed people. Seriously, guys, don't let your gun porn make you think that being armed is how to handle things. If you're armed, you're a target and, worse, apparently VALID target.

    10. Re:Collaboration Tracking? by StikyPad · · Score: 1

      No, that's exactly the meaning it had. Some people like to say it's for credit too, but it's not -- it's for when shit happens and nobody takes responsibility.

    11. Re:Collaboration Tracking? by StikyPad · · Score: 1

      There's really only one group of people who needs to be shielded from reality for its own good: children.

    12. Re:Collaboration Tracking? by Anonymous Coward · · Score: 0

      For varying definitions of children.

    13. Re:Collaboration Tracking? by Kyogreex · · Score: 1

      It enables lawmakers to be more reasonable without offending less reasonable constituents.

      How, exactly? The way it is allows anyone to say "X supports Y" even if X doesn't support Y because Y was a rider on bill Z. And come election time, the political ads can spin anything the way the people who are making it want. Didn't support the military spending bill that has some rider about schools? You hate children. Nothing is going to stop less reasonable constituents from being offended.

      This isn't like our Subversion repository here, where all changes are done by an individual. Committing in the legal code requires the agreement of large numbers of people.

      I think it would be more appropriate to consider the legal code to be the master branch with the proposed legislation being a separate branch that ends up being merged, although I think the entire analogy is pretty sketchy. While committing the law requires the agreement of a large number of people, the issue of who wrote what is a separate issue that is not invalidated by the collective nature of the process.

    14. Re: Collaboration Tracking? by davester666 · · Score: 1

      One million unarmed people will be ignored. Or rather, provoked into violence and then arrested and forcibly disbanded.

      You will NOT get them to voluntarily give up their power.

      --
      Sleep your way to a whiter smile...date a dentist!
  2. Holy shit, this is some wank. by bistromath007 · · Score: 4, Insightful

    Leaving aside the completely ridiculous assertion that a system composed of people can be debugged in the same manner as code simply because it happens to be called a "code" of law, the author seems to be unaware that just about every problem with the democratic process has a solution which some part of history has already provided. We simply aren't using them because one of the many safeguards of the system is making the important parts (which are unfortunately the ones troubling us) difficult to change. We are in a degenerate case of democracy; the players who historically won the game have absolutely no interest in changing the rules to make them more fair. It really cannot be fixed without war.

    1. Re: Holy shit, this is some wank. by Anonymous Coward · · Score: 5, Funny

      So we need a programmer for laws. I shall call this profession .... Lawyer.

    2. Re: Holy shit, this is some wank. by Anonymous Coward · · Score: 1

      Hahaha I was thinking the same thing. It's as though TFA never realized there are millions of people who devoted their lives to this exact thing.

    3. Re:Holy shit, this is some wank. by Anonymous Coward · · Score: 0

      "It really cannot be fixed without war."

      Let me stop you right there: War has benefited those who won, so that we are now avoiding war is historical and unprecedented.
      Think again, or some more.

      Captcha: designed

    4. Re:Holy shit, this is some wank. by phantomfive · · Score: 4, Insightful

      It really cannot be fixed without war.

      Coolest thing about American democracy........if you can convince enough people to follow you that you'd be able to win a war, then you'll probably be able to convince enough people to vote for you without a war.

      --
      "First they came for the slanderers and i said nothing."
    5. Re: Holy shit, this is some wank. by bistromath007 · · Score: 1

      Yes, thank you for demonstrating the fatal flaw that turns all large hegemonies into plutocracies.

    6. Re:Holy shit, this is some wank. by Anonymous Coward · · Score: 0

      And how often do the "winners" want more war? It's only the change agents that would want war in a top-heavy system. "War" is pry too heavy of a term here.. Revolution or Civil Unrest might be more appropriate.

    7. Re:Holy shit, this is some wank. by phantomfive · · Score: 1, Informative

      Or every so often a Senator Obama comes along, wins, and then we end up with President Obama, a far cry from what we were sold,

      I think he's been mostly what he said he would be. He got a healthcare bill, he ended the war in Iraq as quickly as reasonable, he tried to shut down Guantanamo, he tried to get gun control laws passed, he has been a staunch defender of the government's right to spy (he voted for that before he got into office).

      About the only thing he didn't do that I expected him to do was the "transparency in government" promise. I didn't expect him to renege on that promise.

      --
      "First they came for the slanderers and i said nothing."
    8. Re:Holy shit, this is some wank. by Anonymous Coward · · Score: 0

      It really cannot be fixed without war.

      Bullshit. It can be fixed with a convention of the states for the sole purpose to amend the constitution to make explicit boundaries for the powers for the Federal government. Horrible decisions from the US Supreme Court since the 1930's has caused the Federal government to vastly exceed what the framers originally envisioned for its role. Another simple thing that can be done is to repeal the 17th Amendment. The big money in Federal politics outside of the presidential election is directed towards the US Senate. Having the state legislatures elect the Senators meant also meant that the state governments had some form of control. That's not the case anymore at all. Besides, money in politics is not the problem. It's a symptom of too much centralized power and that is what needs to change.

    9. Re:Holy shit, this is some wank. by Attila+Dimedici · · Score: 2, Interesting

      he ended the war in Iraq as quickly as reasonable,...

      Have you read the news about what is going on in Iraq lately? That looks an awful lot like the war hasn't ended.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    10. Re: Holy shit, this is some wank. by phantomfive · · Score: 2

      The fatal flaw is when people don't pay attention. If the public doesn't pay attention, than the ones who do will get into power.

      No constitution you can conceive will save ignoramuses from themselves.

      --
      "First they came for the slanderers and i said nothing."
    11. Re:Holy shit, this is some wank. by Ichijo · · Score: 1

      a system composed of people can be debugged in the same manner as code

      False.

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    12. Re:Holy shit, this is some wank. by tlambert · · Score: 2

      Or every so often a Senator Obama comes along, wins, and then we end up with President Obama, a far cry from what we were sold,

      [...]He tried to shut down Guantanamo[...]

      He issued the executive order.

      Which he then rescinded.

      As commander in chief, he could have, in fact, just ordered the troops out, period.

      Guantanamo is politically useful for its extraterritoriality. Even to Obama, who has ordered the execution of U.S. citizens, without trial, via drone strike, in Afghanistan.

    13. Re: Holy shit, this is some wank. by tedgyz · · Score: 2

      Seriously - this should be modded Insightful

      --
      "No matter where you go, there you are." -- Buckaroo Banzai
    14. Re:Holy shit, this is some wank. by PopeRatzo · · Score: 3, Funny

      .if you can convince enough people to follow you that you'd be able to win a war, then you'll probably be able to convince enough people to vote for you without a war.

      But I spent a fuckton of money on this here firearm with "Don't Thead On Me" engraved on the receiver, and I aim to kill me something.

      [Note: It was supposed to read "Don't Tread On Me", but I let Jimbo from gas station do the etching because of his experience doing prison tattoos and he got to smoking meth. It's still a sweet rifle, though. I may let him turn all the letters into Olde English so then nobody will be able to tell the difference between an "h" and an "r". It's a good thing I didn't let him go ahead and draw the coiled up snake too, because the one tattooed to his belly looks like a goddamn pile of turds.]

      --
      You are welcome on my lawn.
    15. Re:Holy shit, this is some wank. by phantomfive · · Score: 1

      But I spent a fuckton of money on this here firearm with "Don't Thead On Me" engraved on the receiver, and I aim to kill me something.

      Neighbor, I got some cockroaches in my house yoo cun rid me uv

      --
      "First they came for the slanderers and i said nothing."
    16. Re:Holy shit, this is some wank. by PopeRatzo · · Score: 1

      Neighbor, I got some cockroaches in my house yoo cun rid me uv

      Hell, I don't need my Bushmaster for that. I deal with cockroaches with my S&W Model 629.

      --
      You are welcome on my lawn.
    17. Re:Holy shit, this is some wank. by lhowaf · · Score: 1

      I don't think you can have a sole-purpose Constitutional Convention. Everything is on the table. Scary as hell - that's probably why there's never been one.

    18. Re: Holy shit, this is some wank. by Anonymous Coward · · Score: 0

      Legislators are the javascript developers for law. They start with a shaky foundation and cobble together a bunch of pieces they don't fully understand about systems they don't grasp at all. As long as it works in the short term, it's all good, even if it has huge amounts of waste that costs normal people huge amounts of time and money.

    19. Re: Holy shit, this is some wank. by just+another+AC · · Score: 1

      So we need a programmer for laws. I shall call this profession .... Lawyer.

      And like a programmer... whoever is paying their salary determines if they are fixing bugs, or creating malware.
      There are a lot of malware writers in the legal profession.

      And because we all love stretching analogies: pro bono = volunteer coders, precedents/rulings = open source (can be reused freely by other programmers), ...

    20. Re: Holy shit, this is some wank. by Ryanrule · · Score: 1

      maybe...liar?

    21. Re:Holy shit, this is some wank. by readin · · Score: 1

      The solution is to have a citizenry willing to respect the rights of their fellow citizens and recognize the proper limits of government when voting.

      --
      I often don't like the choices people make, but I like the fact that people make choices. That's why I'm a conservative.
    22. Re:Holy shit, this is some wank. by nomadic · · Score: 1

      If it weren't for the expansion of Federal powers we'd probably still have segregation.

    23. Re: Holy shit, this is some wank. by bistromath007 · · Score: 3

      People don't pay attention because individuals in any sufficiently large, sufficiently centralized society quickly learn that their engagement is irrelevant.

      Functional democracy is only possible when the amount of power any one entity can hold is limited to what a person is capable of meaningfully understanding within their lifetime. In other words, their immediate surroundings; a small city. If legislative power goes any higher than that, corruption becomes impossible to stop due to it happening faster than people are capable of recognizing what it is.

    24. Re: Holy shit, this is some wank. by bistromath007 · · Score: 1

      Yes, it totally could be fixed if that happened.

      Go ahead and try to draw a line from our reality to that ever actually happening. Try to imagine it NOT resulting in a war due to multinational corporate interests wanting to protect the status quo.

      There's a reason I said war is necessary in this case.

    25. Re: Holy shit, this is some wank. by bistromath007 · · Score: 1

      You'd also be able to move to cities that didn't have it. I'd vastly prefer that some places have the freedom to be hellholes provided everyone has the right to vote with their feet. Hegemonic monoculture is unquestionably what has ruined this country.

    26. Re:Holy shit, this is some wank. by Anonymous Coward · · Score: 0

      Only in the democrat controlled states.

    27. Re: Holy shit, this is some wank. by mcrbids · · Score: 1

      You can blame the people as much as you like, but failing to consider the power of the media (aka Faux News, CNN, etc) is folly.

      I wonder how much of that "ignoramus effect" is due to people actively being spoon fed garbage information?

      Watching commentary on any news network is a veritable "here's how" for logical fallacies.

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    28. Re: Holy shit, this is some wank. by phantomfive · · Score: 1

      Yes, of course, you can see through 'the media,' but no the masses can't.

      --
      "First they came for the slanderers and i said nothing."
    29. Re: Holy shit, this is some wank. by Anonymous Coward · · Score: 1

      There is a slight difference. Through the education and because of the way computers work programmers (And also engineers) work with equal and absolute truths.
      Sure, there is a possibility to treat certain inputs as a special case and deliver a hard coded result, but it becomes very obvious when this is a dishonest thing to do.
      While programmers may vary widely in how they live their life in other ways there is not much room for lies and dishonesty in the actual code and while I'm sure they exist I have yet to meet a programmer that doesn't get frustrated with the way salespeople and marketing mangles percentages and claims to create statements that can be easily misinterpreted or are outright false.

      We have all seen the blogs posted on slashdot from some psychologist or whatever that thinks that engineers and programmers need to study more ethics.
      What we really need is that lawyers take a course in a field where truth isn't negotiable. (And for some odd reason this doesn't seem to be the case in classes about ethics.)

    30. Re: Holy shit, this is some wank. by Kirth · · Score: 1

      No. The trouble with lawyers is that they don't learn to write proper code.
      They're just debating how to interprete it.

      --
      "The more prohibitions there are, The poorer the people will be" -- Lao Tse
    31. Re:Holy shit, this is some wank. by bickerdyke · · Score: 1

      Leaving aside the completely ridiculous assertion that a system composed of people can be debugged in the same manner as code simply because it happens to be called a "code" of law,.

      It's not because both is called code. It is because both legal and computer code are both nothing more than a set of rules. And the more complex such sets become, the more unwanted side effects you have. People try to find loopholes in those rules for personal gain are either called lawyers or hackers and for both, best practice of avoiding such loopholes is to keep the rules as simple and exactly worded as possible.

      Code injection is a bit of a stretch, though, but in general, programs and laws have a lot in common.

      --
      bickerdyke
    32. Re: Holy shit, this is some wank. by dave420 · · Score: 1

      Then government would have to pay people who couldn't afford to leave in order for them to be able to leave...

    33. Re: Holy shit, this is some wank. by Anonymous Coward · · Score: 0

      If you Lord and elected Great Leader says the war has ended, then the war has ended. Or are you implying our Great Leader is not telling the truth? Are you a malcontent? GUARDS! HELP! A malcontent!

    34. Re:Holy shit, this is some wank. by Anonymous Coward · · Score: 0

      It really cannot be fixed without war.

      Coolest thing about American democracy........if you can convince enough people to follow you that you'd be able to win a war, then you'll probably be able to convince enough people to vote for you without a war.

      Unfortunately, this assertion is incorrect.

      Governments have been overthrown regularly around the world by relatively small number of determined armed men. There have been democratic governments with good levels of popular support that have been replaced by military dictatorships hated by the population. The attackers knew that they would never win an election, so they took power by force.

      I'm not saying it's going to happen in the US, but don't kid yourself that it couldn't happen, or that everyone who wants power sees the ballot box as the way to get it.

    35. Re:Holy shit, this is some wank. by Anonymous Coward · · Score: 0

      Said countries typically have a pretty corrupt voting system to begin with and the juntas were aleady part of the power structure.

      It's not like they just walked in off the street and took over.

      So you don't see a lot of Second Amendment Heroes "taking their country back". More like one corrupt group taking over from another, and musical governments.

    36. Re: Holy shit, this is some wank. by Drethon · · Score: 1

      So we need a programmer for laws. I shall call this profession .... Lawyer.

      We killed them all in the revolution...

    37. Re:Holy shit, this is some wank. by Anonymous Coward · · Score: 0

      Yep, the one thing to disagree with is "he ended the war in Iraq as quickly as reasonable". It was far quicker than what was reasonable.
      The big problem is that Bush never had an exit strategy. Going in and killing opposition is the easy part, that is what the army is trained to do.
      Unfortunately that isn't sufficient, once you commit that much you need to see it through and make sure that a stable society is built up before you leave, this is something that the army doesn't have training for.
      While they are the best there is at winning a war they don't have the necessary experience to work as a police force and dealing with civilians in a war-torn area.

      As a result there wasn't a stable government and a functional society left to keep extremist groups suppressed after leaving Iraq.

    38. Re: Holy shit, this is some wank. by allcoolnameswheretak · · Score: 1

      Lawyers don't fix laws. Lawyers feed and breed on broken und badly designed laws.

    39. Re: Holy shit, this is some wank. by tedgyz · · Score: 1

      And how is that different from programming? Lawyers create a virtual world of rules. There is nothing natural or real about laws.

      --
      "No matter where you go, there you are." -- Buckaroo Banzai
    40. Re: Holy shit, this is some wank. by Anonymous Coward · · Score: 0

      And "hackers" (that is, programmers that do things outside of the original intent of various programs) do the exact same thing to computers.

      I'd take this more as a warning that computers will head down the path of unmaintainable garbage eventually. More programmers will become lawyer-like hackers and less like the system engineers and architects they are (or at least strive to be) now.

    41. Re:Holy shit, this is some wank. by Anonymous Coward · · Score: 0

      You started Insightful then went straight to conspiracy theory.

      Our government does have safeguards built in that make it difficult to change. They do not change not because of entrenched interests; they don't change because they're difficult to change by design. While the founders were concerned about various issues that still plague us today and certainly could not forsee issues we are facing now, the truth is they did see one major issue: a government that was not on a short leash and well controlled was dangerous to the nation. Change too quickly results in a damage to society that a government is supposed to govern; this country was founded because of a series of unilateral changes by a few people who held all of the power and it was that exact thing our government was designed to stop.

    42. Re: Holy shit, this is some wank. by nomadic · · Score: 1

      "You'd also be able to move to cities that didn't have it"

      Then why did segregation in the south exist for 100 years after slavery ended? The problem with this libertarian approach to civil rights is that we have just thousands of years of experience showing it doesn't work.

    43. Re: Holy shit, this is some wank. by Anonymous Coward · · Score: 0

      I can't disagree there. The state of math/science/engineering education is abysmal, and the things (a few of us) get in an undergraduate education in such a field should be part of the curriculum from elementary through high school.

      That doesn't mean there aren't lawyers who hold degrees in the hard sciences. You'll find you never, ever want to argue with one.

    44. Re:Holy shit, this is some wank. by rickb928 · · Score: 1

      He didn't need to order the troops out. What he could have done was to order the prisoners sent elsewhere.

      that's what everyone seems to want. The troops can stay there until they need Gitmo for something else. Which they will.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
  3. Wrong problem by ScentCone · · Score: 5, Insightful

    It's not the laws per se (though some, like the ACA, are atrocious at many levels). It's the low-information voters. There are plenty of cases where motivated voters who actually pay attention will vote contrary to what the money spent on the campaign would (if Lessig were right) say that they'd vote. The problem is that most of the time, voters are two dumb to actually understand the issues at stake or the consequences of their actions. Fix the dumbness, and you fix all sorts of other cultural mal-consequences (not just clumsy politics and gimme-dat laws).

    Not saying that producing informed, critical-thinking-capable young people is easy, just that the payoff for doing so is huge, and not just in the area being discussed.

    --
    Don't disappoint your bird dog. Go to the range.
    1. Re:Wrong problem by taustin · · Score: 1

      It's the low-information voters.

      My thought exactly. When people vote how the one eyed monster in the living room tells them to, the problem isn't money in politics, it's disengaged, uninformed, and frankly stupid voters who do what the TV says. Reduce the amount of money, and you simply change who controls the instructions. Reduce it enough, and control passes to the TV networks.

      Who would want to live in a TV show? Given the economics of television, it'd be a reality show. Government by Duck Dynasty.

    2. Re:Wrong problem by thinkwaitfast · · Score: 1

      It's the low-information voters.

      And yet, never before, in the history of all history, has information been more readily available to voters.

    3. Re:Wrong problem by phantomfive · · Score: 1

      If you read Lessig's writings, you'll see he does understand that. His campaign reform ideas are centered around making it easier for individual citizens to donate to politicians, if they are paying attention.

      --
      "First they came for the slanderers and i said nothing."
    4. Re:Wrong problem by Anonymous Coward · · Score: 0

      The answer is, don't let men vote on things they aren't involved in in a hands on way.

      So, every man who is retired loses his vote, and every man who refuses civil service loses their vote, and all the men who are participating in civil service vote on what to do and how to do it, and the people who aren't participating in civil service take what they get because they're dependents and you don't let the children make the rules.

      Solved.

      That's the kind of society I want to live in.

      I think they call it "Fascism".

    5. Re:Wrong problem by Anonymous Coward · · Score: 1

      Wow, I was unaware I got a vote for the ACA.

      Keep in mind, the US isn't a democracy, it's a democratic republic. The most well informed voter on earth isn't going to help if none of the politicians do what they say. Now, I don't disagree with your statement of voters being overly uninformed, but since money wins elections, I really don't think it would help anything in our particular form of government. We'd need a pure democracy for informed voters to help.

      Granted some part of me does wonder if maybe with computer based voting if it'd be possible to actually do a pure democracy and everybody vote on every law. Democratic republics were originally simply because it was unfeasible to have a paper election so frequently. Now before people start screaming, the reason why I say part of me is because I'm aware of all the fraud problems inherent to computer based voting and would never actually condone it unless it was possible to have a provably unhackable computer based voting system.

    6. Re:Wrong problem by ScentCone · · Score: 1

      And yet, never before, in the history of all history, has information been more readily available to voters

      Which has nothing to do with the manner in which public school teachers generally think and act, or the degree to which parents are disengaged from the process. Lacking any cultural embrace of critical thinking, young people are, exposed to all of that information you're talking about, making no distinction between the useful information and the BS. Which is why people exposed to all of that information never the less keep doing things like spending money on homeopathic snake oil.

      --
      Don't disappoint your bird dog. Go to the range.
    7. Re:Wrong problem by NicBenjamin · · Score: 1

      It's the low-information voters.

      And yet, never before, in the history of all history, has information been more readily available to voters.

      And in my experience the real problem tends to be people who know lots of facts.

      The guys who knows nothing's solution to every problem is take the proposals and split the difference. The guy who knows everything should (in theory) be miraculously smart and able to detect BS from a million miles away, in practice he's the purveyor of most of the BS because if he didn't have extremely strong ideological priors he wouldn't have waded through sufficient BS to become knowledgable.

    8. Re:Wrong problem by ScentCone · · Score: 5, Insightful

      Granted some part of me does wonder if maybe with computer based voting if it'd be possible to actually do a pure democracy and everybody vote on every law.

      Disaster.

      Democratic republics were originally simply because it was unfeasible to have a paper election so frequently

      We are structured the way we are specifically to avoid the tyranny of the democratic majority.

      --
      Don't disappoint your bird dog. Go to the range.
    9. Re:Wrong problem by Anonymous Coward · · Score: 0

      voters are two dumb

      Indeed.

      Fix the dumbness, and you fix all sorts of other cultural mal-consequences

      I agree completely.

    10. Re:Wrong problem by Anonymous Coward · · Score: 0

      Here is an idea. What if every election you had a bit more work to do. Each major candidate could submit either a true-false or a multiple choice question. The question would be about a political issue. The answer would be agreed upon and fact checked. (If you don't like that method of generating questions, make up your own.) The point being to create a set of questions that deals with the lies put into advertisements.

      At any rate, that quiz will be given to the voter with a completely separate sheet. That sheet will be scored and the score will be sent to the IRS, but not the actual questions and answers. That score will be the largest basis of your tax deduction. If you are informed, your taxes are lower... If you vote, your taxes are lower, etc..

      Could it work? I don't know. I don't recall hearing the idea before, but I doubt it is truly original.

    11. Re:Wrong problem by sjames · · Score: 1

      Alas, never has the crapflood of punditry been so deep.

    12. Re:Wrong problem by Anonymous Coward · · Score: 0

      We are structured the way we are specifically to avoid the tyranny of the democratic majority.

      Unfortunately, it ended up being a trade-off with the tride-and-true tyranny of the aristocracy.

    13. Re:Wrong problem by ultranova · · Score: 1

      The problem is that most of the time, voters are two dumb to actually understand the issues at stake or the consequences of their actions. Fix the dumbness, and you fix all sorts of other cultural mal-consequences (not just clumsy politics and gimme-dat laws).

      Make people smarter and the issues and consequences will simply become more complex. They're not some external invariance, after all, but a function of those very same people's behaviour and mental make-up. So every organization must deal with the fact that its decision makers are going to be too dumb for the job. That's not something that can be avoided, and consequencetly the success or failure of the system can't be blamed on the intelligence of the participants. It is, instead, a function of the system itself.

      For all their faults, democracies tend to be more effective than autocracies precisely because they make it easier for members to participate, which leads to greater collective intelligence: a greater pool of ideas and more chances to call out really dumb ones. If we need smarter societies still, we need to continue developing them further, not wish for some general population intelligence boost that wouldn't solve the issue even if it happened.

      Sadly, a lot of societies seem to be going backwards towards the less efficient autocratic model right now. Natural selection will take care of that in due time, but combined with all the challences our species is currently facing, the process can get pretty unpleasant.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    14. Re:Wrong problem by nomadic · · Score: 1

      "Lacking any cultural embrace of critical thinking" The problem is "voters lack critical thinking skills" usually just means "too many voters are voting other than I am."

    15. Re:Wrong problem by dave420 · · Score: 1

      The US being a republic has nothing to do with it. The term you meant to use is "representative democracy". Not having a dynastic leader has nothing to do with the system of democracy.

    16. Re:Wrong problem by Anonymous Coward · · Score: 0

      Could it work? I don't know. I don't recall hearing the idea before, but I doubt it is truly original.

      It could work, but it could also be abused.

      The method of fact-checking requires an authority of some sort to do this. Depending on who you ask there are different suitable authorities for this.
      Christian fundamentalists might believe the Bible to be the final authority for example.
      The suggested system can very easily transform into a method to taxing those who disagrees with the governments current stance.
      Accept and repeat government propaganda gives you lower taxes, disagree and get fined.

    17. Re:Wrong problem by Anonymous Coward · · Score: 0

      It's not the laws per se (though some, like the ACA, are atrocious at many levels). It's the low-information voters. There are plenty of cases where motivated voters who actually pay attention will vote contrary to what the money spent on the campaign would (if Lessig were right) say that they'd vote. The problem is that most of the time, voters are two dumb to actually understand the issues at stake or the consequences of their actions. Fix the dumbness, and you fix all sorts of other cultural mal-consequences (not just clumsy politics and gimme-dat laws).

      Not saying that producing informed, critical-thinking-capable young people is easy, just that the payoff for doing so is huge, and not just in the area being discussed.

      That's a cop out to say voters are dumb. Clearly you and people who agree with you are the only intelligent people in the country right?

      Voters are simply concerned with a myriad of issues and have lives to lead outside of politics. Generally everyone has a small handful of issues they care about, a mid-sized list of issues they're marginally interested in, and a large sub-set of issues they simply don't care about. Those sets vary completely from person to person.

      When people are disengaged they don't vote; the voter turnout in this country is around 45-55% depending on the election and issues. The ones voting are the ones who care, and are at least marginally informed to well informed. Do not confuse your opinion on an issue that won't change as the only intelligent position, instead your opinion on that issue happens to be a minority position. If you care so much about it, then lobby for it or run for Congress or get involved to support it. If you have not done that, then calling voters idiots or lazy is simply laziness on your part and a total excuse for your own inaction.

    18. Re:Wrong problem by david_thornley · · Score: 1

      What's hard about it? I've never seen any candidate make it difficult to donate. At worst, I write and mail a check, and that's easy. If I'm not paying attention, it doesn't matter how easy it is to donate.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    19. Re:Wrong problem by david_thornley · · Score: 1

      Pure participation democracy demands more than votes. It demands discussion. It demands the ability to consider a law in context. Simply having people vote on a series of disconnected proposals would be a disaster.

      Also, whoever's writing the proposals will rule the country. In participative democracy, anybody can propose a measure. In one of this size, only organized groups would be able to do so.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    20. Re:Wrong problem by phantomfive · · Score: 1

      Maybe I used the wrong wording.....hard is relative of course, but here is one example. You can see that the goals of the bill are to increase the influence of small donations.

      In other words, he's attacking the problem, not by prohibiting rich people from being involved, but by strengthening the power of individuals.

      --
      "First they came for the slanderers and i said nothing."
  4. Democracy needs it's own SecOps by Anonymous Coward · · Score: 0

    Just like computer networks, economic networks need their own security detail. There are too many new scams and fraud trends to keep up with every year. Waiting for something to get public attention before having some politician do something about it is a very stupid and dangerous. There needs to be third party monitoring and securing of our economic system.

  5. omg he talks like.... by phantomfive · · Score: 1

    (Because lord knows, government isn't functioning by any other definition.)

    he sounds like...... a Republican

    --
    "First they came for the slanderers and i said nothing."
    1. Re:omg he talks like.... by taustin · · Score: 0

      Really? I didn't see anything about gay marriage causing dinosaur extinction (and how bad it was that Jesus couldn't ride dinos any more).

  6. I think maybe the opposite by swb · · Score: 4, Interesting

    We already have technicians who work with the law, they're called lawyers and their very technical sophistication is what enables a lot of the clusterfuckery which takes place. Creating and finding loopholes, manipulation of the legal process, etc. And they also write the rules in very technical language, enabling a kind of only-we-understand-it monopoly control.

    Maybe what we need is more non-technicians to eliminate the technical meddling.

    1. Re:I think maybe the opposite by Anonymous Coward · · Score: 0

      I agree 100% Why do modern laws take NOVELS to put into writing? Government needs simplicity. This poster confuses cause and effect. The effect of having technical people creating law has created a system so complex that it requires technical people. On the other hand, I think the fundamental flaw is Democracy itself. The 51% is rarely right, is easily bribed by the nanny State, and there is nothing virtuous about a vote versus a principled government that abides by a strict set of powers. *cough* like how the country was intended to operate originally.

    2. Re:I think maybe the opposite by Anonymous Coward · · Score: 2, Insightful

      I tend to think programmers could be perfect for this. Not in the sense of actually writing the laws or enforcement, but to put the laws through code review. Think about it.

      "Are you aware that this clause leads to this potential loophole?"
      "I'm sorry, but I have to reject the whole thing, it's sloppy and I can't follow what's going on."

      And since the standard programmer isn't privy to legalese, it would be ideal to make them written in language non-experts could understand. Just have to keep it a rotating group of programmers. I honestly think it'd be kind of fun. But to heck with it, don't limit it to programmers, make it something like jury duty. You get selected out of a pool to spend a day peer reviewing the laws. If you don't understand what it's trying to say, you reject it. See an obvious loophole, you reject it. At least half the "jury" has to approve it before it can be sent off for an official vote to become law.

    3. Re:I think maybe the opposite by Anonymous Coward · · Score: 0

      We already have technicians who work with the law, they're called lawyers

      Yeah, we need to stop electing the BOFH.

    4. Re:I think maybe the opposite by Anonymous Coward · · Score: 0

      Programmers would also force each law to be stored in version control throughout the process, so there was history of changes - what, when, and by whom. Imagine the reduction in bill amendments when added pork was forever engraved in the commit log.

    5. Re:I think maybe the opposite by nomadic · · Score: 1

      Annotated statutes have that (not the individual who introduced it, but that information is easy to find out).

    6. Re:I think maybe the opposite by nomadic · · Score: 1

      Legal language has developed over hundreds of years to be as unambiguous as it can be, and even then it's hard to make that way. Starting over with non-experts and we'd end up with a lot of very vague laws with a lot more loopholes.

    7. Re:I think maybe the opposite by Kirth · · Score: 1

      Actually, no. They did not ever learn how to write proper (legal) code.

      - as short and precise as possible
      - yields the intended result
      - does not have any unintended side-effects

      --
      "The more prohibitions there are, The poorer the people will be" -- Lao Tse
    8. Re:I think maybe the opposite by Anonymous Coward · · Score: 0

      Legal language has developed over hundreds of years to be as unambiguous as it can be, and even then it's hard to make that way.

      Hmm, ok, let us see how well that claim holds up in reality. If this was true then that would mean that two people who independently interpreted the law would come to the same conclusion. In fact, that would invalidate the concept of case law since the law itself should be able to be unambiguous without the need to refer to prior examples.

      So, in reality the current legal language is a bad language, this shouldn't be a surprise to anyone, any programmer would know that writing a language is hard and writing a language specification even more so.

      On the other hand we have the expression "Ignorance of the law is no excuse."
      What this boils down to is that you have an obligation as a citizen to know the full extent of the law. If you don't you might unknowingly break it and then you are a criminal.
      This means that it isn't feasible to have dedicated lawyers. Everyone, educated as uneducated needs to be able to read and understand the law. This requirement takes precedence over "being unambiguous". You can't expect people to follow the law if they have no notion of what is says.

    9. Re:I think maybe the opposite by Anonymous Coward · · Score: 0

      But to heck with it, don't limit it to programmers, make it something like jury duty. You get selected out of a pool to spend a day peer reviewing the laws. If you don't understand what it's trying to say, you reject it. See an obvious loophole, you reject it. At least half the "jury" has to approve it before it can be sent off for an official vote to become law.

      You've just re-invented the lower house of a bicameral legislature. Good job!

      The House of Commons has been in place in some form or another since 1295. I'm not sure if any other lower houses pre-date that one, but I doubt it.

    10. Re:I think maybe the opposite by nomadic · · Score: 1

      " If this was true then that would mean that two people who independently interpreted the law would come to the same conclusion."

      No, that's why I said "it's hard to make that way."

      Also, criminal law is overwhelmingly written in a manner where most educated people can understand it. If you don't believe, check out your state's criminal statutes.

    11. Re:I think maybe the opposite by Anonymous Coward · · Score: 0

      There is a very small overlap between "most educated people" and "most criminals".

    12. Re:I think maybe the opposite by david_thornley · · Score: 1

      Why do you think that? Lawyers learn how to write documents that yield the intended result and don't have unintended side effects (although they're not perfect at it). They try to be as short and precise as possible, but complicated situations can demand longer text. Observe lawyers drawing up corporate contracts, for example.

      However, laws have got to pass to get on the books. This means that a large number of people with varying views have to agree. Therefore, there is no one intended result, and some of those people are going to insist on certain side effects.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    13. Re:I think maybe the opposite by Anonymous Coward · · Score: 0

      You've just confused two things that are not the same, treating them as if they were.

      If you'd actually bothered to read the link you added, you would realize there are significant differences between the proposals.

  7. Call for martyrs! by redelm · · Score: 1

    The request for more STEM people in politics is analogous to asking for more "people people" (PHB) in technology. Nasty and counter-productive beyond those necessary for I/O interface.

    Different people have different personalities and predilections. Tech people like manipulating technology (molecules, electrons, logic). They would be devoured by politicians who devote the same effort into manipulating people. (Often, but not always, to their detriment.)

  8. He's smoking something by tomhath · · Score: 1

    that we can recursively send many people to learn to code, effectively, on the same funds

    First of all, what he describes has nothing to do with recursion. Second, how does he think he can "send many people to learn to code" for free by somehow "passing along" the funds?

  9. Voters by penguinoid · · Score: 1

    Is there a way to debug voters who keep re-electing the same politician over and over? (And in the case of term limits, they keep electing relatives of the previous politician).

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  10. They're certainly asking a lot of technicians... by Anonymous Coward · · Score: 1, Interesting

    As a Nation, we are corrupt, greedy, adulterous, full of lies and cursing and hatred, ignorant of the woes around us (or at least more concerned about inconveniences at home), and always ready to break covenants, yet we expect our democratically elected & representative politicians to have the exact opposite character.

  11. Lovely sentiment by Dutch+Gun · · Score: 4, Insightful

    It's a nice sentiment, but absurdly naive, if you think that politics can be solved by applying programming-type *logic*. Hell, we can't even get rid of *office politics*, and you think you're going to take on the real thing? Some of the smartest programmers I know would likely get chewed up and spat out by actual politicians and media.

    So, here's the problem with such straightforward thinking:

    What if we could, for example, write a program which will show you at a glance, which politicians have the highest or lowest correlation of campaign contributions to supported policy?

    And? I'm not sure what that tells you. A campaign contribution does not indicate corruption. Let's say I'm a big believer in the same sorts of principles as the NRA, and the NRA donates $1000 to get me elected. Have I been bribed or bought by the NRA? Your answer might depend on whether or not you personally *agree with* what the NRA stands for. Let's change it to the EFF. I've been given $1000 by the EFF. In these cases, have the politicians been bought, or are they being supported because the organizations believe them to hold views which they agree with?

    There are all sorts of gray areas in politics as well. If you never compromise on your beliefs, but your principled stand either ends up blocking or stalling otherwise useful legislation, or gets you entirely excluded from the decision-making process, did you do the right thing? If you've got what you believe to be a bad bill in front of you, and your choices are to: a) oppose it, and have it pass as it, or b) engage and make it slightly less bad, then which is the better option?

    I'm not sure I have a real answer for what *should* be done, but I don't think it's helpful to pretend that technology can solve what are ultimately very *human* problems. Can an algorithm fix your personal relationships as well? Same principle, I think. I'm all for getting more technically-minded people in office simply because they'll have a better understanding of technology-related issues, but I'm not going to hold my breath that a more analytical sort of mind will make a better politician.

    --
    Irony: Agile development has too much intertia to be abandoned now.
    1. Re:Lovely sentiment by Anonymous Coward · · Score: 0

      What if politicians couldn't receive any money, at all ?

      Campaigns were financed npr style in a series of debates, all other campaigning illegal. Politicians paid a modest income and all other income illegal.

      Statesman, you say ?

    2. Re:Lovely sentiment by Dutch+Gun · · Score: 2

      What if politicians couldn't receive any money, at all ?

      Campaigns were financed npr style in a series of debates, all other campaigning illegal. Politicians paid a modest income and all other income illegal.

      Statesman, you say ?

      It's tempting to go that route, but that gives an awful lot of power and influence over whoever organizes those debates, and you get into a whole mess of who you invite, etc. And there's another tiny problem:

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

      You can make the argument that political speech is the most important speech to protect, and you can argue that part of political speech is promoting the candidate who best matches your beliefs. Should the government deny you the ability to send $20 to your candidate of choice so they can print flyers, signs, and create radio, TV, and internet ads, or organize a local rally or town hall? And if that's prohibited, should the government be able to prohibit an individual or organization from doing the same with their own finances? Can you even blog favorably about the candidate of your choice if you're paying for the hosting and traffic? You can start moving down a very uncomfortable slope, because I saw no exceptions listed in that text above that protects our speech and freedom of the press.

      It's sort of easy to say "no money", but what you're really doing then is denying entry to the field of anyone that doesn't already have a platform or name recognition, which may unintentionally cause even more favoritism toward the rich and powerful, as odd as that might seem. While you can point to cases of some corporation "buying the vote", you can also find examples of grass-roots campaigns that were largely made up of small, individual donations and grew to a national level. Quash one and you tend to get them both.

      Just some food for thought.

      --
      Irony: Agile development has too much intertia to be abandoned now.
    3. Re:Lovely sentiment by Anonymous Coward · · Score: 0

      I'd like to maybe see the adoption of a few "programmer concepts", but only to make the process more transparent.
      1) Source Control (specifically - *blame*). I should be able to look at a law and tell, word by word, who made the change and when.
      2) Code Freeze. No more 11th hour changes to important bills. Before a vote, there should be a freeze on the text of the legislation for a minimum of 24 hours, so that everyone who votes on it has time to... you know... read it.

    4. Re:Lovely sentiment by Anonymous Coward · · Score: 0

      as far as who's eligible for the debates, if they're eligible to be on the ballot then they're in the debate.

  12. Wow that's one load of arrogance by Crashmarik · · Score: 4, Interesting

    Just from the federalist papers #51

    " If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions."

    Going to need omniscience to figure out what the functionality will be of changed laws, and a whole lot of arrogance to think the "Selfless" people doing this for the greater good won't be bought off faster and cheaper than any congress critter ever could

    1. Re:Wow that's one load of arrogance by Drethon · · Score: 1

      Or as I like to say, if we had perfect people or perfect leaders we could have a perfect government. We have neither so the government we have is not perfect either.

  13. Broken by Design by eyepeepackets · · Score: 1

    The U.S. form of representative democracy was set up by the "founders" to be what it is, and it is no mistake that the upper class fights tooth and nail to keep it that way. The main problem with representative democracy goes beyond the founders though (which may explain why it was chosen in the first place) and is very similar to the main problem with the economic system called communism: Both require that humans act outside their behavior patterns to reach some ideal abstraction.

    Where communism insists that humans must act according to the best interests of the whole before acting in one's own best interests, representative democracy insists that a specific human act according to the best interests of the whole before acting in their own interest. The problem is that humans act according to a hierarchy that is different: They will first act in their own interest, then in the interest of their immediate group, then -- lastly -- they will act for the benefit of the larger whole. This behavior pattern is documented and proven true over time and _no_ ideal abstraction will long get in the way.

    If Mr. Lessig et al. are really interested in having functional government, then we need to discuss the dumping of representative democracy for something more "functional," such as direct democracy.

    --
    Everything in the Universe sucks: It's the law!
  14. Programmers not needed by J+Story · · Score: 2

    Programmers are taught to code for a specific, well-defined objective, whereas untrained ordinary folk think more along the lines of "do what I mean". Recently, however, through the ACA state funding case, decided that what is *said* is immaterial, and that the law should reflect what Congress obviously *meant*. In other words, "do what I mean". Given this, language is no longer important, and it is up to the high priests of the US Supreme Court to view the auguries to determine true meaning. In other words, thanks to the Supreme Court it is not programmers that are needed, but magicians.

    1. Re:Programmers not needed by NicBenjamin · · Score: 2, Interesting

      Dude, it's grammar, not a super-logical recursive function run by computers.

      In the ACA case the Judges ruled that a Federal exchange set up in lieu of a state exchange was the logical equivalent of an "exchange set up by the state." This is no more irrational then telling your houseguest he can borrow the diesel car or the gasoline motorbike as long as he tops up the diesel, and expecting him to know you meant he fill up the bike with gasoline.

      There's a reason multiple states chose to use the Federal Exchange, despite the fact that Conservative orthodoxy holds that made subsidies to their residents illegal.

    2. Re:Programmers not needed by nomadic · · Score: 2

      No, the Supreme Court did not decide what was said is immaterial. They made a perfectly logical analysis:

      1. The statute says the States can set up an exchange.

      2. If a State doesn't, the federal government can set up "such Exchange" for them. Note that it doesn't say set up "an Exchange," but "SUCH Exchange." The statute is pretty clearly stating by using "such" that any Exchange set up constitutes a State Exchange under the statute. What else would "such" mean in that context?

  15. Government is working by phantomfive · · Score: 1
    This quote from the article is completely wrong:

    But we have to recognize that our government is not working.

    Our government is working. We've gone over 200 years without a coup de'etat.
    We've been successful in maintaining a strong army that doesn't threaten the state.
    We keep a lot of fundamental rights.
    To a large degree we manage to help poor people, and take care of old people.
    Crime is low enough that I can walk out on the street at night without a defensive weapon.
    Overall, corruption has gone down since the days of boss Tweed, Pendergast, Daley, Huey Long, and Soapy Smith.

    Is our government perfect? No, but it's surely a reasonable solution for the difficult problem of living with other people.

    --
    "First they came for the slanderers and i said nothing."
    1. Re: Government is working by Anonymous Coward · · Score: 0

      Agreed! Let us continue the path set by our forefathers, only make it better; in nice, easy to digest steps. I think the first step is agreeing on a destination that benefits everyone, and if everyone chips in we will be there in no time.

  16. Democracy is a failed system. by Paleolibertarian · · Score: 1

    First of all, humans aren't computers that obey logical laws. they also have emotions such as greed and fear.

    Second, democracy is a failed system and will always fail. The original framers of the constitution setup a representative republic and not a direct democracy. Democracy is nothing more than two wolves and a sheep voting on what's for dinner.

    The entire public school system is built around the concept that democracy is the best form of government. This is by design to keep the people deluded by the falsehood that democracy will succeed if only the people had the right information or that if the right honest politicians were elected that all would be well. See my first statement above.

    The only possible way to improve the system of government is to improve the people who support it. This is only possible with proper education. A proper education isn't possible with a public school system and a proper government isn't possible with democracy. Therefore we're fucked. A collapse of the entire system is coming. Probably wars, probably nuclear wars which possibly will destroy most if not all life on earth. I do not state this with any hint of humor or sarcasm, it's just the way things are.

    1. Re:Democracy is a failed system. by cuncator · · Score: 1

      A proper education isn't possible with a public school system when certain political ideologies are trying to destroy it

      FTFY. Seriously, public school education can be fine until a bunch of demagogues try to privatize it or cut its funding to nothing. I've known so many teachers who busted their ass, cared about their students and did a great job only to be hamstrung and crushed by the useless administration above them (up to and including the Governor.) The uncaring and/or insane parenting doesn't help either. And please don't mention charter schools; I live in Florida and have a front row seat to that sideshow of greed and incompetence.

      But in all honesty your overall point about the entire system circling the drain is probably correct. There are just too many short sighted and/or psychopathic people in charge. But there's still a glimmer of hope that the populace in general may come around and begin to value intelligence and reason again. Hopefully before the planet is reduced to a lifeless pile of slag of course.

    2. Re:Democracy is a failed system. by NicBenjamin · · Score: 1

      Typical Libertarian. Extremely strong on the theory (or at least aspects of the theory that support libertarian preconceptions), weak on the practice.

      In theory the poor could all team up and vote themselves a Billionaire's money, and that would suck. But a) the drawbacks of your theory are even more horrifying (white supremacist Rhodesia, for example, technically allowed anyone of any race to vote if they had the proper education, it was just impossible to get said education if you weren't white, in the actual real world your proposal would have an inevitable tendency towards hereditary aristocracy where the educated get their kids in to school and only allow token representation to the peasants), and b) in practice that has not happened in a century or two of US Democracy because stealing Bill Gates money by statute would also steal from the Koch brothers and Soros, and their respective parties would fight the hell of that.

    3. Re:Democracy is a failed system. by Paleolibertarian · · Score: 2

      Public education is fucked. Case in point, recently a student was suspended for nibbling a toaster pastry into the shape of a gun. This is an example of the demagoguery of which you speak. There ARE good teachers however they cannot educate in an environment where such stupidity prevails.

    4. Re:Democracy is a failed system. by nomadic · · Score: 1

      "Case in point, recently a student was suspended for nibbling a toaster pastry into the shape of a gun."

      One case does not prove anything. That's like saying nobody could plausibly leave their house because someone got struck by lightning once doing that.

    5. Re:Democracy is a failed system. by Paleolibertarian · · Score: 1

      I provided one case of which there are thousands. Your metaphor provides nothing to refute my statement that Public Schools are fucked.

    6. Re:Democracy is a failed system. by Paleolibertarian · · Score: 1

      Thank you for saying my theory is strong. You have said nothing however to disprove it. There is ample historical evidence that shows that democracies eventually destroy themselves or become so weak that they are easily destroyed by invaders. The U.S. is very strong militarily but it's culture is weak and it's economy is one financial crisis from complete collapse. The people have voted themselves bread and circuses. Soon they will have neither.

    7. Re:Democracy is a failed system. by NicBenjamin · · Score: 1

      There is ample historical evidence that all systems eventually destroys themselves. In fact, in terms of not destroying itself, the best form of government is probably the British; which is so successful at totally remaking itself every few decades without a Revolution that it is quite literally impossible to pick a start-date. Even the one most of them would pick (1066) wasn't much of a change in governance structure for the vast majority of the population, it was just a change in the hereditary nobleman they had to deal with. And the Brits have never let education dictate where you stand, it's always been either heredity or your ability to get votes.

    8. Re:Democracy is a failed system. by nomadic · · Score: 1

      And your example does nothing to prove your statement. I'm a graduate of public schools and I'm doing just fine.

    9. Re:Democracy is a failed system. by david_thornley · · Score: 1

      If you can find thousands of really stupid things happening in schools each year, they're doing very very well. There are about a hundred thousand K-12 schools in this country. Individual anecdotes mean nothing in this context.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  17. W2843 - Warning: extended metaphor on line 1 by Anonymous Coward · · Score: 0

    W2843 - Warning: extended metaphor on line 1. Did you forget to terminate the metaphor?

  18. The Solution is Subsidiarity by trout007 · · Score: 2

    If you are going to have democracy then you need to push things to the lowest level possible. Instead of 50% + 1 winning it needs to be more like 2 sigma or 95%. If you want to delegate a function to the national government then 95%+ of the people should agree. Same for the state, county, town, neighborhood, family, or individual. The system we have now insures conflict because you can force a slight majority to your will.

    --
    I love Jesus, except for his foreign policy.
    1. Re:The Solution is Subsidiarity by DerekLyons · · Score: 1

      The system we have now insures conflict because you can force a slight majority to your will.

      The system you propose is hardly better - because it will never accomplish anything. (Yeah, yeah, bring on the ignorant jokes - but consider a system that fails to anything is also a system that fails to do what you'd like it to do. It won't pass tax breaks for the rich, but it also won't approve the ACA or funding for New Horizons.)

    2. Re:The Solution is Subsidiarity by phantomfive · · Score: 2

      When was the last time you saw a poll where 95% of the country agreed on anything?

      --
      "First they came for the slanderers and i said nothing."
    3. Re:The Solution is Subsidiarity by Anonymous Coward · · Score: 0

      I think the person means a 95% confidence that the person won the election.

      What I'd like to see...

      1. 12 year term limits in Congress. This can be 6 years in the Senate, 6 years in the House, for example.
      2. No more gerrymandering of districts. Require the congressional districts to be "square-like and compact".
      3. The top six vote-getters of the previous presidential election getting automated ballot placement (nationwide) on the upcoming presidential election. By this, I mean by party or independent, not the individual candidates.
      4. Push for a vote-by-mail option for everyone. Keyword: option
      5. Publicly funded campaigns for those who opt into it.

    4. Re:The Solution is Subsidiarity by _Sharp'r_ · · Score: 1

      When was the last time you saw a poll where 95% of the country agreed on anything?

      Most polls only ask about controversial things. I bet you could easily get 95% agreement on:
      Murder, theft, fraud, etc... should be illegal. (Basic criminal law)
      We shouldn't allow Syria/Iran to conquer us (military defense)
      and I'm sure you'd see a few other essential items getting broad agreement.

      For the rest... well, that's a feature of the system, not a bug.

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    5. Re:The Solution is Subsidiarity by david_thornley · · Score: 1

      Oh, the plebiscites in Austria before WWII, or the more recent one in the Crimea. In such a system, the only things that happen are pushed through by force. Since the 95% rule prevents the state from mounting effective resistance, it'll lead directly to strongman rule.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    6. Re:The Solution is Subsidiarity by david_thornley · · Score: 1

      Okay, now propose a law on fraud that 95% of the people are going to want. Many will disagree with the particular definition of fraud, and large numbers of people are going to disagree with the penalties, whatever they are. And, yes, virtually the whole country will agree we want a military force. Do you expect 95% to agree on details?

      You can't govern by general principles. You need specifics. You're not going to get 95% agreement on those.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  19. Apportionment Problem by Anonymous Coward · · Score: 0

    I've, at times, written to folks (including the Mayday folks) about the apportionment problem in the US House. That is, briefly, the fact that the number of seats has remained fixed for over 100 years while the population has tripled. Your voice to your representative is a third of what your grandparents' voices were (assuming they could even vote at the time; when you account for disenfranchisement, the voting populace then was even smaller).

    Few care. It's not a sexy issue. But it is one way to attack some of the problems from a programming standpoint. If you have too little throughput in a system, you have this bottleneck where the political bandwidth is chewed up by the wealthy, one fix is to increase bandwidth. It would reduce the effectiveness of gerrymandering, it would increase your voice to your congresscritter. The people in the habit of buying power would have to spend more time and money to buy more seats. It would open the chances for third party candidates to compete.

    It has issues, like small states objecting because their representation in the House would be a smaller proportion than now. People say that a thousand-seat congress, or even larger, couldn't do anything. It's not a simple-to-explain issue that can be easily rallied for. But I do believe it is one step in the right direction, however hard a step it might be.

    This is the metrication issue of our generation (err, wait, the last generation never did get metrication to happen...).

    1. Re:Apportionment Problem by canadiannomad · · Score: 1

      Totally agree with you. I've been saying it for years as well. So many people don't realize how their votes have been diluted over time.

      --
      Hmm, the humour and sarcasm seem to have been be lost on you.
    2. Re:Apportionment Problem by david_thornley · · Score: 1

      Why is it any better to increase the number of representatives than to increase the number each representative represents? Is there a correct number of constituents per representative? The fact is that I share a certain amount of power with a certain number of other people, and the total power stays the same as the population increases. If we have more representatives, I have a larger voice with one of them, but that one has less power. If we have fewer representatives, I have less of a voice with mine, but he or she has more power.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  20. I welcome any attempt to try by Karmashock · · Score: 1

    ... just don't assume the people already trying are stupid. This is a legitimately difficult issue.

    A big thing that this coding concept doesn't quite grasp is that the "hackers" are sitting there f'ing with your code AS you write it.

    And you can't just fork the code if you have a disagreement with them.

    The trick is to think ahead 10 moves and put something in the system that will seem meaningless initially but which at a later juncture will trigger and deal a savage blow to hackers.

    --
    I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
    1. Re:I welcome any attempt to try by dfenstrate · · Score: 1

      ... just don't assume the people already trying are stupid. This is a legitimately difficult issue.

      A big thing that this coding concept doesn't quite grasp is that the "hackers" are sitting there f'ing with your code AS you write it.

      And you can't just fork the code if you have a disagreement with them.

      The trick is to think ahead 10 moves and put something in the system that will seem meaningless initially but which at a later juncture will trigger and deal a savage blow to hackers.

      Clever buried tricks in the law are irrelevant when the rule of law itself is being tossed aside, as we see with the current administration. Don't try to be clever. Try to be principled, and then defend those principles.

      --
      Alcohol, Tobacco and Firearms should be the name of a store, not a government agency.
    2. Re:I welcome any attempt to try by Karmashock · · Score: 1

      You're losing with that policy.

      You're predictable. ANd because you don't look to tricks in the law your enemies can bury them in the law and you never see it coming.

      The left dominates you because they're better politicians. They play the game and they play it strategically and long term.

      And you don't and so you lose.

      So choose.

      My way or slavery.

      Those are your choices. And you're so predictable I know what you're going to say before you even open your mouth.

      You're going to say "neither" or "slavery"... anything but my suggestion. And you think that is strength and conviction.

      Its stubbornness and foolishness. Nothing more.
      https://www.youtube.com/watch?...

      --
      I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
  21. Working as Designed by Anonymous Coward · · Score: 0

    Good luck fixing anything with the number of entrenched interests within and without the government invested in the status quo.

  22. What about one that said... by tlambert · · Score: 1

    The fatal flaw is when people don't pay attention. If the public doesn't pay attention, than the ones who do will get into power.

    No constitution you can conceive will save ignoramuses from themselves.

    What about one that said "people who do not vote will be taken out into the street and hung by the neck until dead; one in ten people who voted for the losing side in any election will be taken out into the street, placed up against the wall, and then shot"?

    In other words, forced participation, with forced collaboration on outcome.

    Yes, that's a reductio ad absurdum of your argument.

    1. Re:What about one that said... by phantomfive · · Score: 1

      I don't understand how your comment addresses my argument at all. How does shooting people save them from themselves? You're just going to encourage heard voting.

      --
      "First they came for the slanderers and i said nothing."
    2. Re:What about one that said... by Anonymous Coward · · Score: 0

      Or even herd voting...

    3. Re:What about one that said... by just+another+AC · · Score: 1

      I don't understand how your comment addresses my argument at all. How does shooting people save them from themselves? You're just going to encourage heard voting.

      If their life is at stake, they will pay attention to political matters - doesn't mean the best candidate would get in (as you highlighted), but it does stop people being ignorant of the situation which was your comment.

      Speaking as someone in a compulsory voting country, I do believe it increases awareness of politics compared to voluntary voting. It ensures politicians pander to the majority (which they should do in a democracy) rather than just to the voting community. The unfortunate side is they pander to them in the lowest common denominator sense.

      Yes not every voter will be an expert, but restricting voting to experts results in a government who best suits the needs of political experts, not needs of the majority. Political experts are humanly selfish, just like everyone else.

      Overall mandatory participation systems are a better way i think (short of having mythical benevolent experts select candidates).

    4. Re:What about one that said... by r_a_trip · · Score: 1

      *** Overall mandatory participation systems are a better way ***

      Assuming the "voters" can be arsed to look up the politicians and the election programs, instead of just resentfully hauling their carcasses into a voting booth and crossing one of the pretty check boxes or just ticking the mark at the party that the family has alway voted for.

      Politics and elections are like Russian salad. Voting determines the ratios of the constituent ingredients/parties, but at the end of the day you get the same old Russian salad.

      --
      # touch universe # chmod +rwx universe # ./universe
  23. Man Has A Point by whodunit · · Score: 2

    Yes, the original article is (yet another) example of this current avant garde trend of characterizing everything as "code," but for once the underlying point has some merit: the entire institution of civil law is a structure, a system, designed to produce a desired result.

    Many of my Poli-Sci classes in college were taught by erudite gentlemen who helped us ponder the beautiful and challenging intricacies of political theory. The best professor I ever had was not one of those men. He was a self-described "crazy bearded anarchist" who's class on "government budgeting" focused mainly on pragmatic advice for city managers (how to catch people embezzling, how to navigate city council politics and how to cover your ass from witch-hunts) He understood democracies and the laws that shape them from the bottom-up; the end result. The end result a political system needs are viable candidates - which they must produce from a pool of mere flawed humans, with all their foibles.

    People are people - we lie and cheat all the time. The professor illustrated the point by asking us students if we ever lied - say, when we were talking to an attractive member of the opposite sex at the bar. Such things are endemic to human existence, so any system of people-selection hoping to produce a desired result must be made with the expectation that people will lie, cheat and game the system to the best of their ability. Such a system will ideally make the skills required to game it successfully synonymous with the skills to lead governments in an effective manner.

    This pragmatist approach flies in the face of the nigh-holy ethical apparatus people envision when they think of what government should be; thus our perpetual disgust with politicians that will always fall short of Plato's gilded City On The Hill. The constant and ever-wearisome lamentations about The State Of Politics Today misses that the system works. To use the United States as an example: Senators and Representatives spend a great deal of their time "pork-barreling," doing their best to get federal spending directed to their state (or passing laws that benefit private industries in their states.) To quote Hall's third law of politics: "Constituency drives out consistency (i.e., liberals defend military spending, and conservatives social spending in their own districts)." Politicians do this because they need votes to win elections, and hauling goodies to their home districts is a surefire way to win loyalty. The bitching about this awful low-minded thieving of Federal tax dollars continues nonstop, but nobody considers that the system is working as intended: those politicians are indeed representing their constituents interests.

    America is a unique example of a democratic republic created by people who had an opportunity to build a proper "system" from the ground-up, without having to accommodate any pre-existing legal structures. It's interesting then to note that Americans are a particularly litigious people; we don't detest a politician who lies so much as we detest one who breaks the rules. A system where people can flagrantly ignore the rules is as useless as a screen door on a submarine, for the same reasons. People will game and cheat the system as much as possible, sure - but their very existence guarantees that everyone has to cheat equally, starting from the same baseline. If nobody cared about the laws backlash against those who break them would render the system ineffectual. The strongly litigious nature of American culture is a massive reinforcement against that. The law is the system, and the system is not designed to enforce morality or ethics, but equality. The system is effectively synonymous with equality, and equality is the core concept enshrined by democracy. Americans tend to respect a politicians office inherently; it's been found many times that "President " consistently polls a few points higher than "" alone. This is also why people reacted so badly w

    1. Re:Man Has A Point by whodunit · · Score: 1

      it's been found many times that "President (name)" consistently polls a few points higher than "(name)" alone.

      Tag error.

  24. Indeed. by Anonymous Coward · · Score: 0

    The author is naive.

    "Money" is an abstract representation of how much influence one has over others (many people don't think of it this way...if you are in that group, consider the means by which you influence others to grow food and make clothing for you.....you pay them....).

    "Politics" is the enterprise of exercising one's influence over others (this should be outright obvious).

    When reflected upon objectively, it becomes clear that one can no more take the money out of politics than take medicine out of health care. The two are mutually interdependent.

    People who don't have very much money naturally feel powerless (because, well, they are) and so want to find some other means of influencing others (in particular, influencing governors, who by proxy allows one to influence most of the country). So, such people convince themselves that their own political agenda should have equal weight with that of people who have tremendous influence over others (either by means of being rich or holding office...though the distinction between the two becomes very blurry over time). They want to believe that their votes dictate every outcome, and are weighed equally with everyone else's votes, and they insist that such an arrangement would be fair, and that by allowing wealth to skew the situation, one is making things unfair.

    Get real. The penniless are also generally clueless when it comes to even the most basic beginnings of setting policies that will regulate commerce between billions of people. They don't have the facts that are necessary to select (let alone engineer) good policies, they don't have the education necessary to have the slightest glimmer of a clue what the impact of their decisions will be, they don't have minds that can store the raw number of variables one must coordinate when making policies, and so on. They have never been in a position to acquire this knowledge nor to exercise the necessary mental skills. They can't make good policies.

    They know what they want. They can happily vote for whoever promises them more of what they want and less of what they don't want (even when this is a direct contradiction). That is generally all they can do.

    While it is true that the wealthy are corrupt and make evil decisions....an evil but competent body of leaders is preferable to a noble but incompetent body any day of the week.

    (And don't even start with the popular "politicians are incompetent" sentiment....they only seem incompetent to people stupid enough to believe their lies).

  25. Allow electronic voting by Anonymous Coward · · Score: 0

    We have the technology to do this now. We need to start moving away from the electoral process and the republic and trade it in for something more democratic now that technology and information could support it. Let the people decide instead of delegates and representatives. Only then will we see the posibility of breaking away from the corrupt false dichotomy known as R and D.

  26. We already solve it like programmers by istartedi · · Score: 1

    We already solve it like programmers--we do it according to what the suits say, regardless of how stupid it is because... money.

    The good programmers (would-be leaders) get disgusted and quit.

    What we need is disruptive technology, from a different bunch of suits. This has nothing to do with how good the programmers are, except that if it's a good bunch of suits they'll attract a good bunch of programmers.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  27. History is proof it doesn't work that way by Tablizer · · Score: 1

    Wonks have not fared well in the profession. A Los Angeles paper once had a long interview with Obama, and he spelled out fairly detailed plans and the careful reasoning behind them. But it's not the same kind of presentation he uses in front of crowds or at press conferences. He knows better.

    Spock is more logical, but Kirk makes a better ambassador and negotiator because he thinks more like those he's working with.

  28. A little balance? by Anonymous Coward · · Score: 0

    Lawrence Lessig is a HUGE left-wing flake, who for some reason gets lots of attention on Slashdot. Seriously, is there ANY space between Lessig and Karl Marx on substance? Whenever something even mildly positive from the political right gets onto Slashdot, there are lots of posts along the theme "Why is this on Slashdot?" and complaints that it's not related to solder, coding, etc.

    I'm actually OK with the Lessig-related stuff showing up here as long as we can have SOME balance. If there are going to be posts that are designed to keep Lessig in the minds of Slashdotters (and in a positive light), then let's have some on Rand Paul (who has plenty of tech-friendly Libertarian positions) or Ted Cruz (currently overseeing NASA in the Senate and trying to get them back to a space exploration focus) or similar on the right. Otherwise, Lessing should be relegated to Kos and HuffPo where he more properly fits.

     

    Slashdot is not made political by hosting articles that concern political people - Slashdot is made political when it leans heavily to one political side.

  29. The blame game can only go so far ... by Taco+Cowboy · · Score: 1

    As one who has spent decades in The Valley I do understand one thing - the blame game can only go so far

    And as one who has spent as much time on technology I realize that when a project has become so klunky, so unusable, and so evil, it is best to scrap that thing and start anew

    Politics works very similar to programming - what you put into it is what you will get out from - and politics in places such as The United States of America has become so toxic that no amount of 'tweaking' or 'debugging' gonna make any difference

    --
    Muchas Gracias, Señor Edward Snowden !
  30. The Americans are not prepared for this sacrify by Anonymous Coward · · Score: 0

    The ONLY possible 'reset' to the current system will involve a large number of guns

    The large number of guns is just a beginning

    An even larger number of people being killed (or simply gone missing, forever ) will happen

    Even that does not come with any guarantee either ...
     
    ... and no, the Americans are not prepared for this type of sacrify

  31. Unit testing? by Anonymous Coward · · Score: 0

    I agree their view is simplistic, but two ideas do come to mind. An above post mentioned tracking where the code/text came from. I like that! if a Lobbying group is going to write a law we should at least know that the politician is just a mouthpiece.

    Ok, what would unit testing look like in this scenario? Or at least some form of testing. Integration, functional. Possibly, require a few interpretations of the law (and its consequences) that would serve as documentation.

  32. H1B visa program by Anonymous Coward · · Score: 0

    THe H1B visa program is a result of our government caring only about their cronies instead of the people

  33. Hacking On Law by Archwyrm · · Score: 1
    Alright, I'll hack on this law code for you. I'll start in my usual way when working on some poor, neglected, broken piece of crufty code:
    1. Remove trailing whitespace
    2. Remove mixed indent of tabs/spaces
    3. Make indent consistent at four spaces
    4. Wrap all lines at 80 columns max
    5. Delete unused variables and data types
    6. Delete unreachable functions
    7. Delete commented out code

    There, now if the law doesn't work a bit better, at least it will be easier to read and you can look at it in two terminals side by side!

    --
    Fascism should more properly be called corporatism because it is the merger of state and corporate power. -- Mussolini
  34. Working in State Government by Tempestas · · Score: 1

    I have worked in state government for over ten years. The problem is that laws are written by people that have no knowledge of the field they regulate. If a scientific study is requested,completed, but then rejected because it conflicts with your parties view why request the report. Both parties do this ignoring common sense. This goes from simple highway conformity to climate change. No one whats to take a middle of the road stand any more; the next moron might run you down.

  35. Voters - not money - nare the problem by johnwerneken · · Score: 0

    Voters, not money, are the problem with democracy. Voters are empowered only to select whether their existing representatives ought to continue, or be replaced. Government exists to provide security, order, justice, protection of rights and property, essential legal physical and social infrastructure that benefits the entire community, and a safety net for social peace and individual dignity. When voters add other things, that's whemn the whole society starts sliding towards collapse.

  36. False analogy. by Anonymous Coward · · Score: 0

    Law as program? And in this model, who is the processor? Who is the data? Also, whenever do people VOTE on the writing of a program?

    Want laws that BSOD every few days?

  37. Two Solutions by Anonymous Coward · · Score: 0

    1) Mandatory voting, enforced by financial penalties. (Works for Australia)

    2) All laws have an expiration date. (Rotate old laws in to make the transition smooth)