[HN Gopher] The EARN IT bill is back, seeking to scan our messag...
       ___________________________________________________________________
        
       The EARN IT bill is back, seeking to scan our messages and photos
        
       Author : glitcher
       Score  : 758 points
       Date   : 2023-04-21 15:32 UTC (7 hours ago)
        
 (HTM) web link (www.eff.org)
 (TXT) w3m dump (www.eff.org)
        
       | [deleted]
        
       | noelsusman wrote:
       | I find myself consistently disappointed when reading blog posts
       | like this. I generally agree with the principles that the EFF
       | advocates for, but it's hard to see this post as anything other
       | than rage-bait. I can't trust it to be an accurate source of
       | information on what this bill actually does.
       | 
       | For example, I've repeatedly seen claims that this bill would
       | effectively outlaw end-to-end encryption, but the bill explicitly
       | protects companies that offer encryption from liability.
       | 
       | >None of the following actions or circumstances shall serve as an
       | independent basis for liability of a provider of an interactive
       | computer service for a claim or charge described in that
       | paragraph:
       | 
       | >(i) The provider utilizes full end-to-end encrypted messaging
       | services, device encryption, or other encryption services.
       | 
       | >(ii) The provider does not possess the information necessary to
       | decrypt a communication.
       | 
       | >(iii) The provider fails to take an action that would otherwise
       | undermine the ability of the provider to offer full end-to-end
       | encrypted messaging services, device encryption, or other
       | encryption services"
       | 
       | When I look to the EFF for an explanation about why this language
       | isn't sufficient, I get this:
       | 
       | >The bill clearly leaves room to impose forms of "client-side
       | scanning"
       | 
       | Going back to the bill, the phrase "client-side scanning" doesn't
       | appear anywhere in the text despite the EFF implying that they're
       | quoting from the bill. If they're not quoting from the bill then
       | what exactly are they quoting from? This is the kind of thing
       | that makes me unable to trust them to be accurate, which makes
       | posts like this effectively useless to me since I feel the need
       | to independently verify all of their claims.
        
         | HDThoreaun wrote:
         | Rage bait is by far the EFFs most powerful tool. Of course
         | they're going to reach for it first.
        
         | dmvdoug wrote:
         | So, I think the bigger issue is that those things may not serve
         | as an _independent_ basis for liability. But (B) then says that
         | those things may be considered as evidence if they're otherwise
         | admissible (under the Federal Rules). In other words,
         | encryption by itself does not expose them to liability, but
         | those who might get sued could have encryption used against
         | them as evidence that they "knowingly" possessed, transmitted,
         | etc. CSAM. If robust encryption makes it more difficult to
         | identify or stop CSAM trafficking, and a service refuses to
         | compromise its encryption, that could be used as evidence
         | against them.
         | 
         | That's the fear, anyway.
        
         | borski wrote:
         | Client side scanning came out of the _discussion_ around this
         | bill the last time it was proposed. That it isn't in this bill
         | doesn't mean it isn't in politicians' heads, and if this gets
         | passed there is then significant precedent for extending it, as
         | a small extension doesn't seem as big as a full-scale
         | government invasion of citizens' privacy (i.e. this bill).
        
           | noelsusman wrote:
           | I don't believe the transition from "set up a commission to
           | recommend best practices" to "mandate regular scans of
           | everyone's phones and report the results to law enforcement"
           | would be viewed as a small extension.
        
             | borski wrote:
             | I wish I were as optimistic as you, but experience has
             | shown me I can't be, on this topic.
        
         | treis wrote:
         | It's such a poisoned well that it's hard to have a meaningful
         | conversation. Everyone in this thread is mostly raging about
         | privacy. But the reality of E2E encryption is that that Apple,
         | et.al. are possessing and distributing child porn (among other
         | crimes). The various excuses given don't hold water:
         | 
         | We don't know which files are CSAM - Doesn't matter. You know
         | some of them are.
         | 
         | It's only 0.X% of files - Doesn't matter. Doing 1,000 good
         | deeds doesn't get you off the hook for 1 crime
         | 
         | It helps in X, Y, Z situations - Doesn't matter. Again, good
         | deeds don't excuse crimes.
         | 
         | The hear no evil/see no evil stance that privacy advocates take
         | simply isn't how the world works or ever will. If you want
         | immunity from your role in criminal behavior you have to make
         | some sort of effort to limit your involvement in that crime.
        
           | kahrl wrote:
           | You're literally denouncing the 4th amendment. You're saying
           | that all of us must submit to warrantless and broad searches
           | because the statistics says that at least some crime must be
           | occurring. Absurd.
           | 
           | Or is it that there is an intermediary involved? Are you
           | saying that banks that offer safety deposit boxes are
           | responsible for their contents? Also absurd.
        
             | treis wrote:
             | Thank you for providing another example to prove my point.
             | Again, I said don't participate in crimes. I didn't say
             | anything about the 4th amendment. Let alone denounce it.
        
           | Riverheart wrote:
           | So 1984 style listening devices and cameras in every home is
           | the obvious solution right? Houses are where a lot of abuse
           | happens. Scanning doesn't even stop abuse from happening,
           | just the possession and distribution of it.
        
             | treis wrote:
             | Thank you for illustrating my point about the poisoned
             | well. Say "Don't participate in crimes" and it gets morphed
             | into 1984.
        
               | Riverheart wrote:
               | * * *
        
         | [deleted]
        
         | SoylentYellow wrote:
         | Perhaps the unspoken argument is that client-side scanning will
         | be made into a best practice, and websites and apps that don't
         | implement it will be exposed to liability.
        
         | tzs wrote:
         | The EFF seems to be going the way of many advocacy groups,
         | where as time goes by their positions on the things they
         | advocate for become less nuanced and they stop taking into
         | consideration how those things fit into the big picture.
         | 
         | An example of this is the National Rifle Association (NRA).
         | They used to think that carrying guns around in public should
         | be restricted and require licensing, and that dealers should
         | need to be licensed, and that some kinds of guns should be
         | restricted.
         | 
         | For the EFF the thing that made me think that they are going
         | down that road was during the controversy over Apple's plans to
         | scan for CSAM. Apple had actually announced two things: (1)
         | scanning on-device for CSAM in material about to be uploaded to
         | iCloud, and (2) scanning on-device of devices with parental
         | controls enabled to block messages that contained content that
         | might be harmful to children.
         | 
         | Most of the discussion was about #1, both from the EFF and from
         | everybody else. #2 was much less discussed.
         | 
         | Here's how #2 worked in the case where you have a child who is
         | 13 or older with a phone on your family plan and you have
         | enabled scanning.
         | 
         | 1. I send your kid pictures of my dick.
         | 
         | 2. The software temporarily blocks that and gives your child a
         | modal dialog telling them it blocked something because their
         | parents think it might be harmful, and asking the child if they
         | want to go ahead and view the material.
         | 
         | 3. If the child says no the material remains blocked and
         | nothing else happens.
         | 
         | 4. If the child says yes my dick picture is unblocked and
         | nothing else happens.
         | 
         | If your child is under 13, here is how it goes:
         | 
         | 1-3: same as the 13 and above case.
         | 
         | 4. If the child says yes they are given another modal asking of
         | they are sure and reiterating that their parents think the
         | material may be harmful, and telling them if they do elect to
         | view it their parents will be notified. They are again asked if
         | they want to proceed to view it or not.
         | 
         | 5. If the child says no, the material remains blocked and
         | nothing else happens.
         | 
         | 6. If the child says yes my dick picture is unblocked, and the
         | parents are notified.
         | 
         | The EFF objected to this, on the grounds that #6 violates my
         | privacy since I sent my dick pictures to your kid, not you, and
         | did not consent to you getting access.
         | 
         | WTF? It used to be that a big argument from privacy groups
         | against server-side scanning to protect children is that
         | children shouldn't be getting to the bad parts of the net in
         | the first place, and keeping the kids away was something the
         | parents should take care of with things like time restrictions
         | and parental control software.
        
           | ocdtrekkie wrote:
           | This. The EFF used to be a force for good, but they are now
           | free speech and privacy extremists backed principally by a
           | tech industry that simply doesn't want to be liable for their
           | negative impact on society.
           | 
           | The EFF will not ever support a regulation on big tech
           | behavior.
        
       | throwaway5959 wrote:
       | They only have to pass it once but we have to fight it forever.
       | This will be like the Patriot Act, it'll never go away.
        
       | govolckurself wrote:
       | [dead]
        
       | maerF0x0 wrote:
       | A reminder that "you have nothing to hide" argument is a fallacy
       | because people abuse their power:
       | 
       | Some first hits as reminders of places where their powers are
       | abused
       | 
       | [1]: "NSA staff used spy tools on spouses, ex-lovers: watchdog"
       | https://www.reuters.com/article/us-usa-surveillance-watchdog...
       | 
       | [2]: https://reason.com/2022/07/26/police-can-access-your-ring-
       | ca...
       | 
       | [3]: https://reason.com/2021/04/26/warrantless-border-searches-
       | dr...
        
         | nullc wrote:
         | even if they didn't currently abuse their power or abused it
         | only an "acceptable" degree, we're never more than one election
         | away or even just one hiring decision away from someone who
         | would do much worse.
         | 
         | The right protection is for the power to not exist.
        
         | metamate419 wrote:
         | [dead]
        
         | sschueller wrote:
         | Was there a black mirror episode regarding that phrase? If not
         | I think they missed an opportunity to show people that everyone
         | has something to hide.
        
           | wyldfire wrote:
           | I remember an episode starring Toby Kebbell that had his
           | character submitting to authorities to review his sense-
           | perspective audiovisual recordings.
        
           | waboremo wrote:
           | Kind of (if you mean the Shut Up and Dance one), in classic
           | black mirror fashion the episode is littered with twists that
           | make it difficult for people to really grasp the point and
           | instead can argue against it. In the episode the main
           | character gets infected with malware (the tool he wanted is
           | actually a sting operation), but because of what he's being
           | blackmailed about a lot of people feel that's justified.
        
         | Bran_son wrote:
         | A better example are people that _do_ have something to hide -
         | whistleblowers, union organizers, political activists,
         | journalists, upstart politicians... How does the nature of
         | their work change, if the current government in power knows all
         | their secrets, and abuses or selectively leaks /prosecutes
         | them? And does that change society for the better, or for the
         | worse?
        
         | 1vuio0pswjnm7 wrote:
         | Only if we share everything do we have nothing (left) to hide.
        
         | colordrops wrote:
         | Well also the 4th amendment.
        
         | AnimalMuppet wrote:
         | People abuse their power, but that wouldn't matter if you
         | really had nothing to hide. But _everybody_ has something to
         | hide.
         | 
         | Your social security number? Your bank account number? Your
         | debit card PIN? Yeah, pretty sure you have something to hide.
        
           | isk517 wrote:
           | The other issue is just because something doesn't need to be
           | hidden today doesn't mean a change in the political/social
           | winds could happen that requires you to hide it tomorrow.
        
           | x86x87 wrote:
           | No. Sorry. This is invalid. It would be pretty bad if we
           | declare some shit illegal and retroactively apply the "law".
           | You will be charged for shit that everyone did and is
           | perfectly fine. For example: How would you like to go to jail
           | for not being a Christian? This will be weaponized.
           | 
           | This is what fascism looks like.
        
             | lockhouse wrote:
             | It was okay to be a Jew in Germany until it wasn't. I know,
             | Godwin's Law, but valid in this case.
        
             | croes wrote:
             | Imagine they make Marijuana illegal again in the states
             | where is legal know.
             | 
             | Before that you shared your consuming habits online.
             | 
             | Then it becomes illegal.
             | 
             | You are now a suspect and get a search warrant and if they
             | find traces of marijuana you go to jail.
        
           | croes wrote:
           | Or like the anti-abortion laws showed, at first you have
           | nothing to hide, them they change laws and all of sudden you
           | have but it's too late
        
         | adventured wrote:
         | Nothing to hide is a premise based on most people being
         | terrified of confrontation. It's an intentional staging to
         | force confrontation or capitulation.
         | 
         | When people say they have nothing to hide, in most cases what
         | they're actually saying is that they're afraid of the
         | confrontation implicit in the opposite response (I'm going to
         | forcefully argue for a right to privacy). They're telling you
         | that they're a coward.
        
         | jcutrell wrote:
         | For people who say they have nothing to hide, I ask them why
         | they have locks on their doors, passwords to their email, and
         | clothes on their body.
        
           | hammyhavoc wrote:
           | Well, clothes are mostly down to weather and laws on public
           | decency, and nudists are the counterpoint that prove some
           | demographics would prefer to be naked if the law allowed it,
           | same with tribes like Koma.
           | 
           | Locks are more for security than privacy, and it's important
           | not to conflate the two. People can have nothing to hide, but
           | also not want to be robbed.
           | 
           | And as for email, that's again a matter of security because
           | then someone could impersonate you for one, and I can't name
           | a service that allows you to omit having a password for your
           | email account.
           | 
           | (I know, looking too deeply into it! Sorry.)
        
             | elondaits wrote:
             | Email passwords are not for preventing impersonation. For
             | one, POP3 passwords are separate from SMTP. Second, nothing
             | in SMTP prevents impersonation... large mail handlers like
             | GMail don't allow it anymore, but you can put whatever you
             | want in the "From" field. Things like SPF, DMARC and DKIM
             | are there to prevent impersonation at the domain level for
             | mail servers that want to protect their users.
        
               | hammyhavoc wrote:
               | When accessing email via a protocol with an email client,
               | sure, but I primarily had the Gmail web app in mind when
               | I wrote the comment. I also touched on protocols in
               | another comment.
               | 
               | With what I had in mind, if you logged into my Gmail
               | account, which provides both sending and receiving, you
               | could impersonate me to my own mother, but I would have
               | nothing to hide as I don't receive any sensitive
               | information via email (privacy). However, accounts
               | elsewhere could be recovered via my email, and thus be
               | used to impersonate me elsewhere (security).
        
             | JohnFen wrote:
             | > Well, clothes are mostly down to weather and laws on
             | public decency
             | 
             | Where I live, there are no laws against public nudity (as
             | long as the nudity isn't "salacious" in nature). And yet,
             | very nearly 100% of the people are clothed at all times.
        
               | hammyhavoc wrote:
               | And yet in other areas of the world, people wear no
               | clothes.
               | 
               | People also smoke cigarettes, eat junk food, and do
               | things that are unnatural and otherwise detrimental due
               | to what they're bombarded with.
               | 
               | I wear clothes, I'm not a nudist. I have zero shame about
               | my body though, it's a body--we've all got one.
               | 
               | The point as per my other comments: different solutions
               | for different problems, the appropriateness of each
               | varies with demographics. E.g., if you're surviving in an
               | oppressive regime as a dissenter, email is something to
               | be avoided. If you're running a business, it's likely
               | fine, provided that it's compliant for your industry,
               | e.g., HIPAA.
        
             | pksebben wrote:
             | In an information environment, security and privacy are the
             | same thing. The terms may have different connotations
             | culturally, but good security-in-depth is the same set of
             | practices that enable digital privacy, because the
             | objective is the same: prevent leakage of facts.
        
               | ranger_danger wrote:
               | Another problem that I feel has barely even been touched
               | on in recent time is what even are facts. People see
               | things on the Internet and take it for gospel.
               | 
               | You know information people ALWAYS blindly believe 100%?
               | "Leaked" data. Imagine how much power one could have with
               | _manipulated_ , leaked, data.
        
               | hammyhavoc wrote:
               | This is what I said about WikiLeaks even at the time.
               | Sprinkle in some untruths with truths and you've got
               | something convincing.
        
               | idiotsecant wrote:
               | You don't even need to say anything that isn't true. Just
               | being _selective_ about which true secrets you reveal can
               | be a very powerful tool to control the narrative.
        
               | hammyhavoc wrote:
               | Absolutely.
        
               | hammyhavoc wrote:
               | You can have E2EE to the service provider, but they can
               | be free to rummage through your data if they choose to or
               | are coerced to by a legal demand from an authority. But
               | it eliminates the average schmoe from going through that
               | data.
               | 
               | Is that adequate security? Is that adequate privacy? This
               | is what bills like EARN IT and its ilk are positing with
               | backdoors et al. It depends on your threat model.
               | 
               | If a warrant opens a door or account one way or another,
               | it can be argued that privacy-wise, locks and passwords
               | are poor solutions. Are you protecting business data or
               | trying to survive in an oppressive regime?
               | 
               | Different solutions for different problems, how
               | appropriate they are varies with demographics too.
               | 
               | This is an interesting talking point about privacy and
               | security: https://news.ycombinator.com/item?id=35617773
        
               | ranger_danger wrote:
               | > Are you protecting business data or trying to survive
               | in an oppressive regime?
               | 
               | First it's just one, then it becomes the other.
        
               | smolder wrote:
               | E2EE refers to fully encrypted communication between end-
               | users of a service, hence end-to-end. If one of the ends
               | is the service provider, the term doesn't apply.
        
               | hammyhavoc wrote:
               | This is the point. It's a buzzword and the reality of a
               | lot of popular services is that the service provider can
               | likely already provide access to your data if requested
               | to by a government.
               | 
               | Ergo, if this is a consideration within your threat
               | model, it's an inappropriate solution. However, I am
               | highlighting that EARN IT is no more a threat than
               | existing service providers abiding by a court order, ergo
               | the existing solutions likely aren't fit-for-purpose for
               | some folks, depending on threat model.
        
               | JohnFen wrote:
               | > In an information environment, security and privacy are
               | the same thing
               | 
               | Yes. Privacy is a subset of security.
        
               | d4mi3n wrote:
               | I'd argue that they're overlapping sets of concerns, not
               | necessarily identical to or subsets of each other.
               | 
               | Off the cuff:
               | 
               | * Being an anonymous person walking through a city. This
               | is a privacy concern and only becomes a security concern
               | if I'm a public persona or some kind of person of
               | interest.
               | 
               | * Moving to a new school/city/job and not having your
               | social reputation follow you. This allows a lot of people
               | a chance to redefine who they are and how they interact
               | with people around them. This can't happen if everybody
               | always knows somebody's pervious public persona.
               | 
               | * Breaking a law and being fined/punished/imprisoned for
               | it. Without privacy, such a person has a much poorer
               | chance of having a decent life even after they've done
               | their time or paid their dues.
               | 
               | These all strike me as privacy concerns, but not
               | necessarily concerns to security. I think they're all
               | important enough to consider privacy as a good thing in
               | it's own right and that such scenarios signal that it's
               | possible to advocate privacy in the absence of (or
               | opposition to) security concerns.
        
               | pksebben wrote:
               | How would you define the terms? IMO these are all
               | 'security' related, just personal security (which is what
               | I define privacy as).
               | 
               | The most accurate lines I can draw around either are
               | abstract enough that they end up in the same bucket, but
               | perhaps we're defining them differently
        
               | d4mi3n wrote:
               | elesiuta had some great commentary I agree with, but to
               | add my own response:
               | 
               | > IMO these are all 'security' related, just personal
               | security (which is what I define privacy as).
               | 
               | I think this level of reduction becomes problematic in
               | scenarios where security>privacy advocates talk about
               | security in the collective sense.
               | 
               | Playing devil's advocate to highlight where I believe
               | this reduction of security->personal security->privacy
               | breaks down: A man borrowed many books from a library on
               | the topic of explosive chemistry. That man later was
               | involved in terrorist acts.
               | 
               | This is a situation where one could argue that less
               | privacy for people in relation to their library borrowing
               | habits may have resulted in greater security.
               | 
               | This is an example of an event that has happened, and
               | while I hate the cliche of terrorism in debates about
               | privacy and feel this particular point can be argued,
               | it's exactly these kinds of scenarios that
               | security>privacy advocates use to push for fewer privacy
               | protections across large groups of people.
        
               | elesiuta wrote:
               | Not GP, but security refers to the protection of the
               | system, while privacy refers to the protection of
               | information.
               | 
               | So you need to protect the system to protect the
               | information on it, but there are also sometimes trade
               | offs between security and privacy when you offload some
               | system protection by giving away some information to
               | another party. For example SmartScreen with Microsoft,
               | and Safe Browsing with Google Chrome.
        
             | lcnPylGDnU4H9OF wrote:
             | > as for email [passwords], that's again a matter of
             | security
             | 
             | I guess if we're nitpicking I'll point out that this is
             | still privacy (how one keeps their password) for the sake
             | of security. Information is kept private and passwords are
             | information.
        
               | hammyhavoc wrote:
               | Perhaps drawing a distinction between outbound and
               | inbound email protocols would be good too. I understand
               | the argument being made, but the sensible assumption is
               | that your email, even with a password, isn't a sensible
               | choice for sensitive communications.
        
               | lcnPylGDnU4H9OF wrote:
               | > your email, even with a password, isn't a sensible
               | choice for sensitive communications
               | 
               | This seems like it's shifting the goalposts. Someone says
               | something about "nothing to hide but they have locks on
               | their doors" and you say "security isn't the same as
               | privacy". It's accurate but it's moot. I keep the
               | location of my hide-a-key _private_ so I can continue to
               | keep my house _secure_ with the lock on the front door. I
               | keep my email password _private_ so I can _secure_ the
               | account against unauthorized access.
               | 
               | Some people _do_ use their email for what they would
               | consider sensitive communications, and it 's less than
               | helpful to suggest they need better opsec practices in
               | response to someone else saying that they should be able
               | to expect their email to be private. It's saying "just
               | hide it better, lol" when that's literally exactly what
               | many people are trying to do when speaking against this
               | sort of legislation.
        
           | NickBusey wrote:
           | I like to ask why they have a door on their bathroom.
        
             | rootusrootus wrote:
             | I routinely pose that question to my kids. And yet, they
             | still poop with the door open. And without the ventilation
             | fan. I keep hoping that eventually I will get through to
             | them. Maybe I'll just put a spring-loaded hinge on the
             | bathroom doors and a motion-activated ventilation fan.
        
               | croes wrote:
               | Take them to a public toilet.
               | 
               | There is a difference between pooping in front of family
               | and in front of strangers.
        
               | rootusrootus wrote:
               | For sure, they act totally different in a public toilet.
               | Very carefully locked door in that case. Hell, the first
               | time my son used a public toilet on his own, I had to
               | talk him through how to actually unlock the door when he
               | finished. I tried to tell him not to latch it since I was
               | standing right on the other side of the door, but no,
               | -CLICK- went the lock anyway.
        
               | wintogreen74 wrote:
               | Is it irony that doing this (or even your comment) would
               | likely land you in really big trouble under the purpose
               | of this act?
        
               | rightbyte wrote:
               | I've got a 2.5yo that furiously yells at me to get out
               | when he poops, but he have no remorse trying to
               | physically drag me out of the loo when I am doing my
               | business. Or force me read some book for him.
               | 
               | I guess he is a metaphor for the surveillance state. Or
               | the other way around. Dunno.
        
               | rootusrootus wrote:
               | Ha! I remember when my son was about that age he came
               | wandering in while I was using the toilet standing up.
               | Just a little awkward to have your kid walk around the
               | side and stare at your crotch while you pee. I get that
               | it was fascinating for a little boy, but still. And then
               | of course the next time he needed to go, he tried.
               | Predictable results ;-).
               | 
               | He might have been a little younger, I don't remember
               | precisely, I don't believe he was talking much at the age
               | when this happened.
        
               | sgtnoodle wrote:
               | When my 4 year old closes a door, it usually means she's
               | up to no good.
        
             | ranger_danger wrote:
             | Or blinds/curtains on their windows. What are you trying to
             | hide in there hmm??
        
           | stronglikedan wrote:
           | Easy: Thieves, scammers, and public decency laws, in that
           | order.
        
             | bonestamp2 wrote:
             | > Thieves, scammers
             | 
             | Which means they do have things to hide. There are lots of
             | thieves in places of power, and that is a compelling reason
             | not to let them have our data.
        
             | wholinator2 wrote:
             | Unsure if sarcasm but doesn't the exact same reasoning
             | apply to these? If there's things you don't want thieves to
             | steal then obviously you _do_ have something to hide. Or
             | maybe a better word is protect but both apply equally well
        
               | TheCraiggers wrote:
               | Surely the government would never steal from its
               | citizens. /s
        
         | MikeDelta wrote:
         | Many seem to not realize that privacy is not about having
         | something to hide (I guess that would be secrecy), but about
         | the right to keep things to yourself. Those are two different
         | concepts.
        
           | StingyJelly wrote:
           | Exactly! The best way someone put it - right to choose what
           | to share and who to share it with.
        
             | sixstringtheory wrote:
             | The best analogy for this I've seen is this: it's no secret
             | that everybody poops. But that doesn't mean everyone likes
             | having other people watch while they do it (privacy).
        
               | sporkl wrote:
               | I've tried using this in an argument and gotten a
               | response along the lines of "I don't mind if people watch
               | me poop."
        
               | sixstringtheory wrote:
               | Well I'd say they're full of shit, haha. Most people have
               | something they care about; them refuting a specific case
               | doesn't refute the general concept. They're either
               | arguing in bad faith or are not very good at thinking
               | logically.
               | 
               | If they truly have no ethical or moral boundaries, then
               | they are probably deviant enough that they won't be able
               | to get into a position to set much policy, anyways, by
               | definition of their lack of fitness to represent the
               | majority of any population.
        
           | hanniabu wrote:
           | Reminder that the same applies to use of crypto. Just because
           | it's use for some illegal activity (it's actually less % than
           | fiat), doesn't mean it should be made illegal as I've seen
           | some comments here advocating for in the past.
        
             | govolckurself wrote:
             | [dead]
        
           | louloulou wrote:
           | "Privacy is necessary for an open society in the electronic
           | age. Privacy is not secrecy. A private matter is something
           | one doesn't want the whole world to know, but a secret matter
           | is something one doesn't want anybody to know. Privacy is the
           | power to selectively reveal oneself to the world."
           | 
           | -- excerpt from A Cypherpunk's Manifesto, Eric Hughes, March
           | 9, 1993
        
             | quickthrower2 wrote:
             | By that definition I would say secrecy is also necessary
             | for an open society. For example my bank password is
             | something I don't want anyone to know.
        
             | imoverclocked wrote:
             | > March 9, 1993
             | 
             | It's funny (not haha-funny) how political policy in 2023 is
             | still trying to catch up to morality understood 30 years
             | ago. I remember being annoyed at newscasters abusing the
             | term "hackers" in the late 90s and extremely broad
             | definitions of "hacking" being applied in court-rulings. It
             | must still be really difficult to comprehend tech and the
             | consequences of these kinds of policies for policy makers.
             | Either that or policy makers really are maleficent towards
             | life, liberty and the pursuit of happiness.
        
               | DocTomoe wrote:
               | Oh, politics understands that alright, don't you worry
               | about that. Politicians are the enemies of privacy for
               | the masses, because a transparent population is a
               | population that is easier controlled and manipulated.
               | 
               | That's also why terms are being used deliberately
               | incorrectly, to move legitimate positions nearer to
               | criminal activity. Just ask anyone interested in hobbyist
               | chemistry.
        
           | teaearlgraycold wrote:
           | There's a reason we don't mandate government cameras inside
           | our homes. No one wants that. But in a world where everyone
           | needs a computer, we shouldn't take advantage of that
           | obligation by turning our computers into surveillance
           | devices.
        
           | sroussey wrote:
           | If you have nothing to hide, then publish it all for the
           | world to see.
        
         | Zamicol wrote:
         | Those seeking to abuse power employ the nothing to hide
         | fallacy.
        
         | wintogreen74 wrote:
         | Even framing it as "nothing to hide" implies that hiding is the
         | exception. Shouldn't it be the default?
        
           | BirAdam wrote:
           | For a society to work properly, yes. If we have zero rules
           | around what a government can or cannot do, can or cannot have
           | access to, and so on we will have created a moral hazard that
           | will be grossly abused.
        
           | waboremo wrote:
           | Yes, even those who overshare on social media still are
           | operating (and benefitting) from privacy as a default.
        
         | genocidicbunny wrote:
         | Anyone who uses that argument, ask them to hand you their
         | phone, unlocked, and a list of passwords for all of their
         | accounts. If you have nothing to hide, why would you have a
         | problem with me poking around in the most intimate aspects of
         | your life?
        
           | iknowstuff wrote:
           | This doesn't really convince them. To them, a friend might be
           | someone they want to hide things from, but they won't care
           | about some unknown government entity having access.
        
             | AnthonyMouse wrote:
             | This comes from not knowing what organizations are likely
             | to do with it.
             | 
             | Would they be okay with the data being used to overcharge
             | them whenever they're in a hurry because the organization
             | knows when they don't have time to comparison shop?
             | 
             | How about maximizing their tax burden by using the data to
             | calculate the highest tax rates each area would tolerate
             | before moving or changing their vote?
             | 
             | Suppose the government falls under the control of the party
             | they don't like. Should they have access to the data that
             | allows them to most effectively target their propaganda?
        
               | genocidicbunny wrote:
               | And it doesn't even have to be an organization. How often
               | do you hear of cops or civil employees poking around in
               | records they have no business to poke around in?
        
           | Vogtinator wrote:
           | Not fully comparable because passwords usually give you more
           | than just read access.
        
           | dec0dedab0de wrote:
           | The really crazy part is that I have multiple friends and
           | family that would turn over their info to me with no
           | questions asked.
        
             | genocidicbunny wrote:
             | Unfortunately, it's an issue that's hard for many to
             | understand until it directly affects them. Sometimes you
             | need to find something relatively innocuous but still
             | embarrassing and 'give them a thwap' with it, but even then
             | the chances of them understanding are still low.
        
       | LocalH wrote:
       | I'm tired of these cutesy backronyms that they try to come up
       | with to influence the public's perception of a law. "EARN IT"?
       | What the fuck? It should be _outright illegal_ to pass laws whose
       | acronyms spell words.
       | 
       | But, of course, that'll never happen, because who would willingly
       | give up such a juicy tool for gaming the system?
        
         | idiotsecant wrote:
         | OK, monkey paw wish granted.
         | 
         | Laws may now only be passed and officially discussed using
         | their globally unique identifier like SB-47226
         | 
         | When politicians advocate for or against these laws in the
         | public sphere they will still make up catchy names to make them
         | stick in peoples heads.
         | 
         | Now you still get misleading names but its twice as hard to
         | understand what bill is what.
        
         | sgjohnson wrote:
         | Remember the PATRIOT Act?
        
           | monksy wrote:
           | You mean the precursor to the RESTRICT/S686 act? [That's
           | still going on.. https://www.congress.gov/bill/118th-
           | congress/senate-bill/686 ]
        
           | LocalH wrote:
           | Yep. Or the "USA PATRIOT" Act, as it's full name spells.
           | "Uniting and Strengthening America by Providing Appropriate
           | Tools Required to Intercept and Obstruct Terrorism". But by
           | calling it "patriot", it implies that you're not a patriot if
           | you don't support it.
           | 
           | Never mind that modern American "patriotism" isn't anything
           | of the sort, but is much closer to nationalism.
        
             | anigbrowl wrote:
             | It's blatant propaganda, but Americans continue to lie to
             | themselves that they live in the freest country in the
             | world.
        
               | somenameforme wrote:
               | I think the overwhelming majority of people are realizing
               | a lot of the rhetoric is just cynical lies at this point.
               | 
               | Consider the recent report [1] that only 25% of people
               | _don 't_ think the media is deliberately misleading them
               | - 50% think they are, 25% are undecided. The implications
               | of that cannot be overstated, especially as the media has
               | increasingly become little more than a proxy for the
               | official position of the day.
               | 
               | [1] - https://fortune.com/2023/02/15/trust-in-media-low-
               | misinform-...
        
               | hellojesus wrote:
               | The real problem is there isn't any better country. Zero
               | countries currently compete with America for greater
               | freedom.
               | 
               | Please let me know if you know of any because I'm getting
               | absolutely tired of working four months for free each
               | year, knowing that my tax dollars are paying for goods
               | and services from which I'll never be able to benefit.
        
               | LocalH wrote:
               | Modern _governance_ is the problem. However, if there is
               | no country that 's, say 50% free (to put an arbitrary
               | number on it), and even when we presume that America is
               | 49% free and "everyone else" is less, that doesn't mean
               | there is actual freedom.
               | 
               | American freedom seems to largely be centered around the
               | ability to make money, the way things are going nowadays.
               | We were more free in the 70s and 80s. Nowadays people in
               | some areas get child services called because they dared
               | to allow their child to venture somewhere by themselves.
               | America is often the _worst_ offender in some of these
               | areas. True patriotism is understanding that we 're _not_
               | the  "best" country in the world, and that we could stand
               | a _lot_ of weeding out chaff. Taxes go to a lot more
               | waste than would ever come out of individual benefits,
               | when you take the end result benefit to society.
               | "Freedom" to allow poverty to exist is "freedom for some,
               | but not for all".
        
             | RajT88 wrote:
             | Modern American "patriotism" begins with nationalism, and
             | gets darker and weirder from there.
             | 
             | As an exercise, imagine someone who self-identifies as a
             | patriot. Ask them what makes them a patriot. (If you're not
             | American, you might not get what I am getting at, but
             | probably Canadians get it)
        
               | dsfyu404ed wrote:
               | The Party(TM) must love types like you.
               | 
               | There's a huge subset (dare I say majority) of those
               | "patriots" you deride who don't like this stuff, don't
               | think their goings on are any of the government's
               | business. But of course you ignore that because they
               | don't want what you want on meaningless social issues.
        
               | RajT88 wrote:
               | Real patriots, in my experience:
               | 
               | 1. Don't talk long and loud about being patriots (i.e.
               | don't self-identify) 2. Tend to work for the government.
               | Career govvies or military. They show their patriotism
               | through action.
               | 
               | > There's a huge subset (dare I say majority) of those
               | "patriots" you deride who don't like this stuff, don't
               | think their goings on are any of the government's
               | business.
               | 
               | I know the type well, as that describes one side of my
               | family. Despite your protestations, we're saying the same
               | thing.
        
               | prottog wrote:
               | > Tend to work for the government. Career govvies or
               | military. They show their patriotism through action.
               | 
               | I just want to chime in here and say that working for the
               | government isn't the only way to be a patriot (i.e. serve
               | the country). Upholding American values is something
               | anyone can do in any part of society.
        
               | RajT88 wrote:
               | That's fair enough. What's fresh in my memory is a few
               | weeks back, I was at Quantico for the graduation of a
               | family member from the FBI academy, where the convocation
               | speech was delivered by Christopher Wray. I cannot
               | imagine a more patriotic group of people - genuinely
               | people who dedicate their whole lives to the betterment
               | of the nation. It was really inspiring.
        
               | dragonwriter wrote:
               | > I cannot imagine a more patriotic group of people -
               | genuinely people who dedicate their whole lives to the
               | betterment of the nation.
               | 
               | The actual history of the FBI (whether the near universal
               | perjury in fiber "analysis" cases, the repeated use of
               | provocateurs to discredit protest, especially civil
               | rights, movements -- up through the last few years --
               | etc.) tells of a very different culture.
        
               | bregma wrote:
               | Real patriots fly flags from their honking F-150s, play
               | in bouncy castles, shit in snowbanks, and call to engage
               | in fervent sexual congress with democratically elected
               | leaders who have great hair.
               | 
               | Do I win a prize?
        
       | motohagiography wrote:
       | If I were American, I might respond to their, "Eliminating
       | Abusive and Rampant Neglect of Interactive Technologies" Act,
       | with the "Mitigating Overreach Limiting Obstruction Nullifying
       | Lamentability And Benefiting Everyone" Act.
       | 
       | If by EARN IT, they mean Americans should earn their freedom -
       | which this government is using its own crimes[1] as a pretext for
       | taking from them - that seems really just unwise.
       | 
       | [1] EDKH
        
       | Madmallard wrote:
       | How does this stuff keep happening? Like no one wants it in the
       | public why is it still coming up?
        
         | ocdtrekkie wrote:
         | I'm in the public and I want this bill. My senator is one of
         | the sponsors and I'm happy to see it. I think a large portion
         | of society is now following enough echo chambers that they
         | believe that nobody opposes their position, when usually...
         | it's a pretty big chunk of society, actually, that they just
         | never interact with or talk to.
        
       | Madmallard wrote:
       | The fundamental instinctive understanding that everyone has
       | socially as to why gossip is bad is why privacy is important.
        
       | jimbob45 wrote:
       | _Mr. GRAHAM, Mr. BLUMENTHAL, Mr. GRASSLEY, Mr. DURBIN, Mrs. HYDE-
       | SMITH, Mrs. FEINSTEIN, Mr. HAWLEY, Ms. CORTEZ MASTO, Mr. TILLIS,
       | Ms. HASSAN, Ms. ERNST, Mr. WARNER, Ms. MURKOWSKI, Mr. WHITEHOUSE,
       | Ms. COLLINS, Ms. HIRONO, Mr. CRUZ, Mr. RUBIO, Mr. CORNYN, and Mr.
       | KENNEDY_
       | 
       | Article understated things by calling it a "group" of senators.
       | That's a lot of senators already willing to get this thing off
       | the ground.
        
         | a_e_k wrote:
         | That's 20. 1/5 of all senators.
        
       | wudangmonk wrote:
       | They need to pass a 'public official' bill that ties any and all
       | public official records to whatever is expected of the general
       | population, no exceptions.
       | 
       | This is the only true way to stop these type of bills.
        
         | AnimalMuppet wrote:
         | Not just public records. Public officials should be on
         | Medicare. Their retirement should be Social Security. Their
         | staff should be subject to the same employment rules that apply
         | to everyone else. And so on.
        
           | hellojesus wrote:
           | But Medicare and Social Security are unconstitutional.
        
       | user3939382 wrote:
       | Unless and until the security state and neocon/neolib
       | corporatist* power complex is ripped out of our government this
       | will never stop and the People will lose this war.
       | 
       | It's much harder to rescind a law than pass it, which means they
       | only have to win once and we have to win every time. We are
       | doomed by this asymmetry.
        
         | anaganisk wrote:
         | I found the comments under the TikTok ban thread the other day
         | and asked, Why are you so concerned about China, which can do
         | nothing, while other apps collect the data in the country you
         | are in has the actual power to jail you because, you support
         | abortion or LGBTQ. The mental gymnastics were, US has a due
         | process of law and China is an authoritarian dictatorship,
         | while they still live in the US and China can't extradite them.
         | People constantly fail to realize, the views change, what's
         | legal today could be illegal tomorrow, and you will absolutely
         | be profiled as a risk.
         | 
         | Even if they can't prove you are guilty, the absolute nightmare
         | of going through the due process of law and being tagged as a
         | risk is something to think about and take it seriously. The
         | concern must not be if the app is based on what country, it
         | must be why does this app want to know so much about me, or why
         | does the govt need to know my every opinion.
         | 
         | US trusted Dick Cheney's words and we all know what happened.
        
       | vegetablepotpie wrote:
       | 4th amendment text:
       | 
       | > The right of the people to be secure in their persons, houses,
       | papers, and effects, against unreasonable searches and seizures,
       | shall not be violated, and no Warrants shall issue, but upon
       | probable cause, supported by Oath or affirmation, and
       | particularly describing the place to be searched, and the persons
       | or things to be seized.
       | 
       | Let's name names, the senators who introduced this are Mr.
       | GRAHAM, Mr. BLUMENTHAL, Mr. GRASSLEY, Mr. DURBIN, Mrs. HYDE-
       | SMITH, Mrs. FEINSTEIN, Mr. HAWLEY, Ms. CORTEZ MASTO, Mr. TILLIS,
       | Ms. HASSAN, Ms. ERNST, Mr. WARNER, Ms. MURKOWSKI, Mr. WHITEHOUSE,
       | Ms. COLLINS, Ms. HIRONO, Mr. CRUZ, Mr. RUBIO, Mr. CORNYN, and Mr.
       | KENNEDY.
        
         | KRAKRISMOTT wrote:
         | So much for being a SF senator
        
         | encryptluks2 wrote:
         | [dead]
        
         | thrthrthr88 wrote:
         | [flagged]
        
         | tastyfreeze wrote:
         | Alaska nearly voted swamp creature Murkowski out in the last
         | midterm.
        
           | rnk wrote:
           | Murkowski is a non-maga republican. If she was out you'd get
           | a maga supporter in all likelihood.
        
         | monksy wrote:
         | My senator Duckworth is going to respond back with a from
         | letter stating "OMG THE CHILDREN". (Just like she did for the
         | first Earn act concern I sent).
         | 
         | Might as well add her name on there too.
        
           | anigbrowl wrote:
           | And it'll keep being persuasive to her voters until people
           | come up with a meaningful counter-proposal that does a better
           | job of addressing child safety online while also protecting
           | privacy.
        
             | [deleted]
        
         | dehrmann wrote:
         | > FEINSTEIN
         | 
         | Many years ago, I remember she supported a similar bill around
         | limiting encryption. Around six months later, it was reported
         | some government agency was spying on senators' emails, and she
         | wasn't happy. I don't think she made the connection between the
         | two, or that she supports widespread data collection when it's
         | not _her_ data.
        
           | coldpie wrote:
           | Her brain is pea soup. I'm pretty sure she is not _capable_
           | of connecting things.
        
             | lockhouse wrote:
             | Between Feinstein, Biden, and Fetterman it's starting to
             | look like an annual cognitive test may need to become a
             | qualification for Federal government office. The two party
             | system and the rigging of primaries leaves us with electing
             | braindead meat puppets as the lesser of two evils. What a
             | sad state of affairs.
        
             | LeifCarrotson wrote:
             | She has been on medical leave since February, which makes
             | me wonder in what capacity she co-sponsored this bill...
             | can she do that from her nursing home?
        
               | Alupis wrote:
               | Having interned long long ago, most "co-
               | authorships/sponsorships" are merely tokens added to a
               | bill to make it seem more impressive.
               | 
               | Rarely, if ever, does a bill sponsor have much to do with
               | the bill. At least in my experience. It was a game to see
               | who we could round up for the bill, and then a political
               | game about who would look better or bring a stronger
               | base.
        
               | LeifCarrotson wrote:
               | Right, I didn't have any expectation that she personally
               | drafted the text of section 4 or debated the finer
               | details prior to its introduction, or sought out expert
               | testimony, or even read all 53 pages, or anything like
               | that.
               | 
               | I was more curious over whether the "rounding up" and
               | adding her to the list involved her being present or
               | questioned in any capacity, or whether she just had a
               | standing guideline that she wanted to be listed as a co-
               | sponsor on any Judiciary Committee bills also sponsored
               | by Durbin and Graham or something like that.
        
           | anigbrowl wrote:
           | On the plus side, she's incapable of voting at the moment.
        
             | govolckurself wrote:
             | [dead]
        
           | dsfyu404ed wrote:
           | This shouldn't be surprising. Even before she was old and "of
           | questionable judgement" she was voting for and sponsoring
           | stuff like this. Go back to the war on drugs era and you can
           | find sound bytes of her advocating for all sorts of absurd
           | stuff. And by "absurd" I don't mean "didn't age well but was
           | the party line". I'm talking about stuff that violates rights
           | in excess of what the average party politician was pushing
           | for.
           | 
           | That said, even if you strike her name from the list you know
           | this is bad because it's a bunch of bipartisan long time
           | congresspeople who are sponsoring this bill. When the
           | careerists of the swamp get together to do something we the
           | people always lose.
        
             | JohnFen wrote:
             | Right. I wish people would stop with the ageist crap.
             | Feinstein has always been highly problematic. Age has
             | nothing to do with it.
        
             | hexane360 wrote:
             | Seems like she supports abortion rights, which definitely
             | doesn't give the government more power over people than
             | criminalizing them.
        
           | borski wrote:
           | I met her at an SVLG dinner and had a discussion about
           | encryption; it became instantly clear she doesn't know what a
           | computer is past that it is a TV that takes input, and that
           | encryption is just "evil people wanting to do evil things."
           | 
           | There was no reasoning with her either, frankly because she
           | is well-aged, and thus thinks herself "wise" with very little
           | left to learn.
           | 
           | It was honestly infuriating.
           | 
           | [edit] In case anyone thinks I'm exaggerating, I promise I'm
           | not. I went back to look at my texts to my now-wife after
           | that meeting, and I was livid and extremely disappointed. She
           | was at a table of, at the time, a dozen or so cybersecurity
           | experts from industry and academia, and instead of listening
           | to (or rather, hearing) what they had to say, she pushed
           | forward an agenda of "trying to stop evil" while "protecting
           | the children" and "thanking us for our concerns," all while
           | explaining that she understands encryption and knows how
           | important it is, but that it's more important for the
           | military to have it and normal people don't really need it as
           | much. After all, it's not like we don't talk to other people
           | in coffee shops where people can overhear and stuff.
           | 
           | Ugh.
        
             | JPKab wrote:
             | I met her in 2003, along with her aides at a party I was
             | invited to (in a fluke) in Palm Springs.
             | 
             | She was a moron then, and now she's a senile moron. Her
             | aides, who ended up hanging out with me all weekend, were a
             | perfect illustration of the donor class kids who weren't
             | that smart but got into ivy League schools by legacy
             | admissions. Zero intellectual curiosity, super aware of
             | social status, everything they said seemed preplanned and
             | inauthentic.... Just gross.
        
               | yieldcrv wrote:
               | That's interesting because we've all had the same two
               | decades to learn new things
               | 
               | and I know many people her age that have
               | 
               | there's people that make excuses for it and there's
               | people that don't. I don't buy "brain plasticity", my
               | observation is that it comes down to who your peers are,
               | what social consequences you have
        
               | dang wrote:
               | Please make your substantive points without calling
               | names.
               | 
               | No one is saying you owe your least favorite senators
               | better, but you owe the community better if you're
               | posting here.
               | 
               | I can't link to the guidelines because I'm on my phone -
               | but this is in there!
        
               | Dalewyn wrote:
               | It's one thing to demand not calling ordinary people
               | names, but Feinstein isn't an ordinary person.
               | 
               | If one can't call a person in power names, that implies
               | many things you probably didn't want to imply.
        
               | dang wrote:
               | I covered that point (or thought I did!) with the second
               | sentence in my GP comment. The issue is what it does to
               | _us_ as a community. That 's significant.
               | 
               | https://news.ycombinator.com/newsguidelines.html
        
               | yieldcrv wrote:
               | That he's not a free speech absolutist? big deal, nobody
               | is no platform is, thats the expected default behavior
               | everywhere you go and there is zero reason why HN would
               | be different. I'm not even going to go into how this is a
               | private platform with clearly stated rules for you
               | because it doesn't even matter, just take the L
        
               | Dalewyn wrote:
               | dang is welcome to enforce rules as he pleases, it's his
               | platform (or rather publishing space).
               | 
               | But restricting speech concerning those in power imply
               | things that I would presume he would not want to imply.
        
               | yieldcrv wrote:
               | implies what? I took a guess but you keep talking in
               | riddles, use your words
        
               | HopenHeyHi wrote:
               | This attitude isn't a good look for the owners of this
               | private platform and I don't think they'd agree with your
               | perspective nor do most of the users. Food for thought.
        
               | yieldcrv wrote:
               | The users dont matter and will do the same thing on their
               | own platforms once there are any stakeholders
               | 
               | The owner's actions speak louder than their words and the
               | moderations actions in their properties are not a mystery
               | or unexpected
        
               | JoeAltmaier wrote:
               | Sure you can namecall, but it's childish and ugly. Please
               | don't do it around anyone you want to continue to have a
               | reasonable conversation with.
        
             | rnk wrote:
             | This is why we need more tech people to get into politics.
             | And I'm not thinking billionaire ceos. I'm talking about
             | devs, qa, pm, people that did actual work.
        
             | r3trohack3r wrote:
             | Everyone should watch these two hearings:
             | 
             | https://www.intelligence.senate.gov/hearings/open-hearing-
             | fi...
             | 
             | https://www.intelligence.senate.gov/hearings/open-hearing-
             | fi...
             | 
             | Feinstein shows her true colors.
             | 
             | The first is 2013, right after Snowden leaked the
             | presidential surveillance program. These are our elected
             | officials who oversaw the program. They knew of its
             | existence before the leak.
             | 
             | The second is 2017, right after the Supreme Court ruled the
             | presidential surveillance program was illegal (one justice
             | calling it "Orwellian" in their comments).
             | 
             | Listen to these people in 2013 defend their actions and, in
             | 2017, try to defend themselves and justify their actions.
             | Not only is it clear that they don't think they've done
             | anything wrong, at least one of these people thought they
             | had a viable chance at running for president after this.
             | 
             | We the people trusted them to keep secrets responsibly. We
             | trusted them to oversee programs that citizens could not
             | hold accountable. They utterly failed and, if they had
             | their way, would have continued failing in their
             | responsibility. From watching these hearings I get the
             | distinct feeling that these elected officials consider the
             | problem to be the leak, not that someone had to utterly
             | ruin their own life in order to expose this group's crimes.
             | 
             | The only person who demonstrated they may be fit for their
             | position is Sn. Wyden. Listen closely to Wyden's statement.
             | He is unable to disclose secrets, but he very clearly (and
             | strongly) suggests that the U.S. clandestine groups are
             | harvesting geolocation data without warrants in mass under
             | these programs.
        
               | rnk wrote:
               | Wyden is great, he's my model of what I'd like to work on
               | if I was lucky enough to be a politician.
        
               | hellojesus wrote:
               | He's almost great. He still gets taxes very wrong.
        
             | pc86 wrote:
             | Even among the dinosaurs in the US Senate, Feinstein stands
             | alone in her striking ability to be willfully ignorant
             | about anything developed after the steam locomotive.
             | 
             | The country would be an objectively better place if both
             | the House and Senate had a mandatory retirement age.
        
               | pdonis wrote:
               | You don't need a mandatory retirement age, just term
               | limits. For example, no more than two terms as a Senator,
               | no more than three as a House member.
        
               | tric wrote:
               | Why do you recommend different term limits for house
               | members?
        
               | OkayPhysicist wrote:
               | House positions last a third the amount of time (2 years
               | versus 6).
        
               | borski wrote:
               | My instinct is to say "no, that's ageist" because there
               | are plenty of older people who are legitimately
               | brilliant.
               | 
               | But honestly, she's a fantastic example of why we should
               | have term limits, at the very least.
        
               | morkalork wrote:
               | Leave administration to younger, more capable people. The
               | ones who are too old but are brilliant can still be
               | advisors and mentors.
        
               | Alupis wrote:
               | Why do these people continue to be re-elected at all?
               | 
               | Surely there's some other (D) that could have replaced
               | Feinstein a decade ago - but California keeps re-electing
               | her? There's near unanimous agreement she "lost it" long
               | ago - yet here she still is.
               | 
               | A mandatory retirement age is great and all... but maybe
               | we need to figure out why people vote for someone nearly
               | nobody wants in the first place. Just the "safe" vote?
               | That can't be all of the story...
        
               | rnk wrote:
               | There's this idea that someone shouldn't run against an
               | incumbent. It goes against both parties. The boomer
               | generation was a large group, they often see the world in
               | a more common way (that world of the 50s and early 60s?),
               | they still want to see themselves as being in power, even
               | as they are all getting close to age 80 (made a typo here
               | originally, I put 60 instead of 80). They don't want to
               | give up. That's why these elderly politicians stay in
               | power.
        
               | hermannj314 wrote:
               | Senators get OP with longevity. Having a bunch of old
               | senators is an emergent behavior of the rules of the
               | Senate.
        
               | pc86 wrote:
               | Is this true, or are these just benefits of someone who
               | has been in the Senate for 30 years having good working
               | relationships with 70 other Senators, and the branch new
               | Senator being lucky to know one or two?
               | 
               | Put another way, what rules of the Senate benefit length
               | of service over anything else?
        
               | Alupis wrote:
               | I don't personally think age is really the problem -
               | mental (and to some extent, physical) abilities are,
               | however.
               | 
               | There's the good 80 years old, and then there's the bad
               | 80 years old. We all know it when we see it... and we're
               | watching it in real time in multiple places within our
               | federal government right now.
               | 
               | We, as a country, are about to face this very same
               | question again, as President Biden is expected to
               | announce his re-election bid shortly. Are we OK with that
               | as a country, given his obvious decline in the past few
               | years? Objectively, and without red or blue coloring,
               | he's not the Joe Biden of 2008.
               | 
               | So, what do we do?
        
               | pc86 wrote:
               | This is going to be an unpopular opinion, but I don't
               | want people born before Hitler rose to power to be in the
               | government at all. I don't care how sharp you are and I
               | don't care how progressive or conservative you are.
               | 
               | If you're old enough to have had strong opinions about
               | LBJ when he was in office, your time has passed and we
               | really don't need you in the Senate, or the White House,
               | or anywhere else in government making decisions that will
               | have impacts decades after you're gone.
        
               | pc86 wrote:
               | Only 24% of registered voters in California are
               | Republican, so the election hinges on the Democratic
               | primary. You don't get to a position in a political party
               | where you can realistically run for and potentially win a
               | US Senate seat by making a habit of attacking people in
               | your own party. Those that do get ostracized long before
               | they have that kind of juice, and the people who could
               | potentially do it are not likely to risk the entire thing
               | on running now when they could more safely run in another
               | term or two, especially if they've already got a
               | comfortable elected position.
               | 
               | So the answer on the inside is that nobody willing to run
               | against her has the power to, and nobody with the power
               | to is willing. On the outside, it's people who don't care
               | who is running, they only care about the letter next to
               | the name, so would never vote for a Republican or an
               | Independent.
        
               | coldpie wrote:
               | I thought so too, but no! The California General Election
               | is Dem vs Dem, and they choose Feinstein! It's bonkers!
        
               | the88doctor wrote:
               | I think it's a combination of risk aversion and the cost
               | of acquiring information.
               | 
               | Most people don't do extensive (or any) research before
               | voting. They choose a candidate based on party
               | affiliation or the information on TV. So for that
               | majority of people, they will vote for a candidate
               | whether or not the candidate is of sound mind. They
               | assume other people have done the due diligence.
               | 
               | On the other hand, you have the parties themselves. The
               | Democratic Party would rather have a senile Democrat than
               | a non-senile Republican. And the Democratic Party is
               | itself strongly influenced by other Democrat politicians
               | who may even appreciate a senile coworker since that
               | coworker can be more easily manipulated. So they have no
               | incentive to risk losing that by suggesting or supporting
               | a different Democratic candidate.
               | 
               | That in turn means new Democrat candidates will struggle
               | to get the amount of support or funding which is
               | necessary to publicize oneself enough that the complacent
               | members of the public mentioned earlier could vote for
               | them.
        
               | jimbob45 wrote:
               | In fairness, she's announced that she won't seek re-
               | election in 2024.
        
               | lockhouse wrote:
               | She's not any more intelligent regarding other topics.
               | Firearms being a prime example.
        
               | prottog wrote:
               | I think the reasoning behind not having an age cap in
               | Congress is that if the people want to elect someone who
               | is old, they should be able to do so. The ultimate check
               | in a democratic society is the people, and like a
               | different commenter said, it's strange that the voters of
               | California continue to vote for Feinstein.
        
               | tric wrote:
               | > I think the reasoning behind not having an age cap in
               | Congress is that if the people want to elect someone who
               | is old, they should be able to do so.
               | 
               | If that were true, why aren't we allowed to elect someone
               | younger than 30?
               | 
               | https://en.wikipedia.org/wiki/Age_of_candidacy_laws_in_th
               | e_U...
               | 
               | "United States Senator:
               | 
               | Minimum age: 30"
        
               | morkalork wrote:
               | Presumably they vote for her because she is a democrat
               | and the other viable candidate, a republican, is
               | completely unpalatable to them. The problem is internal
               | party politics that appear to have an unwritten rule of
               | re-running the same candidate until they lose.
        
               | AaronM wrote:
               | This, at one point a candidate, and those working for a
               | candidate would be blacklisted by the party if they tried
               | to run against an incumbent.
        
               | dllthomas wrote:
               | California has had a jungle primary for a bit now, and
               | there has been at least one general election that pitted
               | Feinstein against a Democrat in the general election. As
               | I mentioned elsewhere, the most common argument I got
               | from Democrats around me for voting for her was
               | seniority, for committee appointments and such.
        
               | hellojesus wrote:
               | Seems odd to knowingly choose a candidate that will work
               | to make the lives of Americans worse solely to keep
               | seniority. In fact, doing so seems like you would be
               | empowering a terrible person beyond a normal terrible
               | person, thus ensuring the lives of Americans are that
               | much worse.
               | 
               | Bonkers.
        
               | dllthomas wrote:
               | I mean, I don't think they believe she _is_ "work[ing] to
               | make the lives of Americans worse", even if they think
               | the other candidate might be better. They agree with a
               | lot of her positions. Heck, I agree with a lot of her
               | positions, I just disagree with too many important ones.
        
               | [deleted]
        
           | lokar wrote:
           | She has always been a militarist
        
           | Eumenes wrote:
           | She's mentally incompetent at this stage and should step
           | down. Its obvious she's just a puppet.
        
             | WillPostForFood wrote:
             | She's not even a puppet, she hasn't been in DC or able to
             | vote or participate in the Senate since ~Feb.
        
           | tomschlick wrote:
           | Why do Californians keep re-electing her?
        
             | tmpz22 wrote:
             | Don't these positions benefit from tenure as well as
             | interpersonal relationship developed over decades?
        
               | dllthomas wrote:
               | Yeah, as a Californian asking those around me why they
               | support her over another Democrat in the general after a
               | jungle primary, "seniority" is the answer that stood out.
        
             | govolckurself wrote:
             | [dead]
        
             | anigbrowl wrote:
             | Because she's not a Republican, and competitive primaries
             | for long-time incumbents are often political suicide for
             | the challenger. Voters have a poor set of choices and
             | select the least bad.
        
               | boomboomsubban wrote:
               | In California's fucked up system she actually runs
               | against a Democrat most of the time. I assume it's name
               | recognition and more money that gets her reelected.
        
               | jdminhbg wrote:
               | California uses "jungle primaries" where the top two vote
               | getters regardless of party advance to the general
               | election. You can't blame the two-party system here,
               | voters could easily choose another Democrat if that's
               | what they wanted.
        
               | kelseyfrog wrote:
               | Yep, and in this case, it's isomorphic to the question,
               | "Why didn't Kevin De Leon(D) defeat DiFi in the 2018
               | election?" - question whose answers can range from, "not
               | enough votes," to "less money," to "why did the CA coast
               | prefer DiFi and CA's interior prefer KDL?"
        
               | rnk wrote:
               | The problem is last time her opponent wasn't reputable
               | enough to be a good counterweight. I wish Katy Porter had
               | run and replaced her. I think she was barely in politics
               | then.
        
               | OkayPhysicist wrote:
               | Definitely. IMO, the issue in California's particular
               | case is that the Democrat senior leadership isn't too
               | keen to oust one of their own, creating a culture that
               | permeates down. Thus the only candidates willing to run
               | against Feinstein are more fringe members of the party.
               | If a relatively middle-of-the pack Dem ran, it would
               | probably be a much closer race. Anthony Rendon, our
               | current Speaker of the CA Assembly would be an obvious
               | choice, with a largely inoffensive (to the CA Democrat
               | majority, anyways) platform and voting record, but
               | anybody with a bit of experience would do.
        
               | wholinator2 wrote:
               | Unless it's ranked choice doesnt it still fall to the
               | "least bad" fallacy? Like, people aren't sure that
               | everyone else is going to vote the democrat they want and
               | are afraid if they don't vote for the most likely, then
               | they'll dilute the vote to the point that none of their
               | chosen party wins?
               | 
               | I mean, sure, if the democratic vote was a monolith that
               | was capable of making a single choice or even knowing
               | what its own choices would be we could say that it must
               | be this way because people want it like this. Rather than
               | it being yet another consequence of antiquated voting
               | systems incrementally improving while claiming all the
               | hard work is already done
        
               | anigbrowl wrote:
               | I do wish people would read to the end of the sentence
               | (which addressed that issue) before reacting.
        
               | borski wrote:
               | I honestly think it's mostly that voters simply don't
               | know.
               | 
               | She's a democrat, but runs against democrats (usually),
               | and wins largely because she's been there forever and,
               | tbh, California is a pretty spectacular place to live.
               | 
               | Thus, as CA is pretty great in general, Feinstein "can't
               | be that bad," so why mess up a fine thing.
               | 
               | (Keep your "CA sucks" comments out of here please; your
               | perception doesn't matter in this case. Most Californians
               | like living in California, by and large. It's not perfect
               | by any stretch, but neither is any state.)
        
               | Alupis wrote:
               | > Thus, as CA is pretty great in general, Feinstein
               | "can't be that bad," so why mess up a fine thing.
               | 
               | A senator represents the state's views within the federal
               | government, and has next to nothing to do with internal
               | policies within the state.
               | 
               | Electing Feinstein or some other person has effectively
               | little-to-no impact on a California citizens daily life.
               | 
               | > (Keep your "CA sucks" comments out of here please; your
               | perception doesn't matter in this case. Most Californians
               | like living in California, by and large. It's not perfect
               | by any stretch, but neither is any state.)
               | 
               | People are allowed to gripe about where they live. Just
               | because you live somewhere doesn't make it perfect by any
               | stretch. California has a lot of problems, and needs to
               | address them, regardless of your political persuasion.
        
               | borski wrote:
               | I agree with everything you said, but you missed my point
               | somewhat.
               | 
               |  _You and I_ know that a senator is not an in-state
               | representative, and that their work is federal in nature.
               | Most people who vote do not know that, and do not
               | understand the distinction between state reps and federal
               | reps. If you took a poll, how many people do you think
               | would even know CA _had_ a state senate _and_ separate
               | federal senators? I would surmise very few.
               | 
               | As to the point about CA; I agree, gripe away if you'd
               | like, and I agree CA has many issues it needs to address.
               | So does literally every state; my point was to not go
               | down that rabbit hole, and instead realize that _most_
               | Californians like it here. They enjoy the weather,
               | infrastructure generally works, etc. As a result, most
               | vote for the status quo. I'm not saying that's a good
               | thing.
        
               | Alupis wrote:
               | > If you took a poll, how many people do you think would
               | even know CA had a state senate and separate federal
               | senators? I would surmise very few.
               | 
               | Sadly, agreed. Perhaps this is a component in the ever-
               | growing push of state issues into the federal level.
               | 
               | > ...CA has many issues it needs to address. So does
               | literally every state... instead realize that most
               | Californians like it here...
               | 
               | Well, this is saying nothing at all, is it? We can safely
               | assume citizens of any state generally like where they
               | live, lest they'd move away if they had the means.
               | 
               | However, we rarely see a dogpile of people publicly
               | bemoaning Massachusetts, for example. Perhaps there is
               | something going on in California right now, some sort of
               | breaking point, where people are starting to realize some
               | of the problems California has are unique to California,
               | caused by decades of possibly misguided but well-
               | intentioned policy. Policy does not happen in a vacuum.
               | 
               | It's also interesting to see someone such as yourself
               | feel it necessary to qualify your love for the state you
               | live in. It has a sort of, captive, feel about it.
        
               | borski wrote:
               | I used to live in MA. People complained about it all the
               | time. Same goes for when I lived in NYC.
               | 
               | I do not get the sense that the political climate in CA
               | is any different than those were when I lived there,
               | excepting perhaps San Francisco which is, incidentally,
               | the same discourse as is happening about NYC _in_ NYC
               | right now too (lots of friends and my family still lives
               | there).
               | 
               | I'm not trying to qualify my love for CA; I was making
               | the point that the people who vote Feinstein (or
               | McConnell) in are generally happy with the status quo in
               | their state. CA was mentioned specifically because we
               | were discussing Feinstein, but that's why people vote
               | them in; they're generally content with the status quo.
               | 
               | The ones who are unhappy either leave to states that fit
               | them better (if they have the means), or complain about
               | it to their friends and/or on HN/Twitter. But it isn't
               | the majority.
        
               | Alupis wrote:
               | > I used to live in MA. People complained about it all
               | the time. Same goes for when I lived in NYC.
               | 
               | The difference is you don't often hear complaints about
               | MA unless you also live in MA. At this point, pretty much
               | the entire country is sick of hearing Californian's
               | complain...
               | 
               | I think the issues in NYC are similar to that of
               | California's mega-cities (LA, SF), which is why we hear
               | more about them.
               | 
               | These cities went from lawlessness and chaos, to law-and-
               | order cities a few decades ago. Things got great, and
               | then collectively people forgot what it used to be
               | like... and fell into the same trappings. Today, these
               | three mega-cities are facing lawlessness and chaos again
               | - and I predict a law-and-order decade is coming soon.
               | 
               | Anecdotally (which isn't worth much I know), and having
               | lived in CA my entire life, I have noticed an increase of
               | complaints from fellow CA citizens. People are tired of
               | the fires, power outages, water shortages, homelessness,
               | etc. All are related to policy decisions made sometimes
               | decades ago, and we're just now paying for it.
               | 
               | I think if you truly love where you live, recognizing
               | these issues is a necessity. Pretending issues are the
               | same everywhere and are something that "just happens" or
               | are caused by external forces is akin to keeping our
               | collective heads in the sand. Decisions have consequences
               | - so we better make good ones.
        
               | borski wrote:
               | > The difference is you don't often hear complaints about
               | MA unless you also live in MA. At this point, pretty much
               | the entire country is sick of hearing Californian's
               | complain...
               | 
               | That's because "SF is hell" is a good media story along
               | with "tech bros hate poor people."
               | 
               | > I think the issues in NYC are similar to that of
               | California's mega-cities (LA, SF), which is why we hear
               | more about them. These cities went from lawlessness and
               | chaos, to law-and-order cities a few decades ago. Things
               | got great, and then collectively people forgot what it
               | used to be like... and fell into the same trappings.
               | Today, these three mega-cities are facing lawlessness and
               | chaos again - and I predict a law-and-order decade is
               | coming soon.
               | 
               | I don't disagree; but I think it's notable that NYC is
               | the other big tech hotspot. I give it five years before
               | Miami is in the news for the same.
               | 
               | > Anecdotally (which isn't worth much I know), and having
               | lived in CA my entire life, I have noticed an increase of
               | complaints from fellow CA citizens. People are tired of
               | the fires, power outages, water shortages, homelessness,
               | etc.
               | 
               | I wonder if this is just because we've gotten older? I
               | certainly didn't care when I was 22. I definitely care
               | now.
               | 
               | > All are related to policy decisions made sometimes
               | decades ago, and we're just now paying for it. I think if
               | you truly love where you live, recognizing these issues
               | is a necessity. Pretending issues are the same everywhere
               | and are something that "just happens" or are caused by
               | external forces is akin to keeping our collective heads
               | in the sand. Decisions have consequences - so we better
               | make good ones.
               | 
               | I agree with all of that. I wish everyone did.
        
             | throwaway5959 wrote:
             | Why do Kentuckians keep re-electing Mitch McConnell?
        
               | HDThoreaun wrote:
               | He looks out for their interests. One of the first
               | projects finished with the infrastructure bill was bridge
               | in kentucky that Mcconnell and Biden opened together.
        
               | jdminhbg wrote:
               | Because he represents their views and is an extremely
               | powerful senator besides?
        
               | alistairSH wrote:
               | Exactly.
        
               | Alupis wrote:
               | Unlike McConnell, there doesn't seem to be a lot of
               | "regular joe" support for Feinstein. There's practically
               | nobody in this thread singing her praises... even among
               | her fellow D's.
        
               | alistairSH wrote:
               | I suspect that's because the Democrats, in recent times,
               | haven't pursued "party purity" to the same extent as the
               | Republicans. It's a more fractured electorate without the
               | few "big ticket" issues that the GOP weaponizes (guns,
               | god, and gays).
               | 
               | But, when you look at Feinstein's accomplishments, she
               | has represent her constituents as well as anybody... She
               | authored the Respect for Marriage Act (undoing the
               | conservative Defense of Marriage Act). She's pursued fair
               | pay for federal wild land firefighters. She's protected
               | millions of acres of federal land in CA for recreation.
               | The list is extensive, as it should be for somebody of
               | her tenure.
               | 
               | And with all that said, I do feel it's time for her to
               | retire. I'm unconvinced on term limits, but I do dislike
               | the tendency of long-time politicians to hang on well
               | past their prime (and this applies equally on all sides
               | of the aisle, and also to the courts).
        
               | Alupis wrote:
               | > I suspect that's because the Democrats, in recent
               | times, haven't pursued "party purity" to the same extent
               | as the Republicans. It's a more fractured electorate
               | without the few "big ticket" issues that the GOP
               | weaponizes (guns, god, and gays).
               | 
               | The Republican Party of today is changing right before
               | our eyes. Many hard-line issues are becoming soft -
               | famously recently with Trump and his complete lack of
               | religiousness.
               | 
               | Many of the other hard-line issues were distorted by
               | political opponents, such as your claimed "gay" issue
               | (when viewed through a religious lens, the marriage issue
               | makes more sense, it wasn't really about people's sexual
               | preference, it was about a specific word. if anything,
               | republicans are absolutely terrible at getting their
               | message across, consistently... but I digress...).
               | 
               | The point was, the younger generation of Republicans do
               | not staunchly adhere to these "classical" Republican
               | views - and the party is changing. The Republican Party
               | seems to represent a lot more working-class people and
               | minority groups today than a decade ago - voter segments
               | that historically were under lock-and-key for Democrats.
               | 
               | To that end, the Democrat party is also changing; getting
               | pulled a lot more left-ward than most average Liberals
               | are comfortable with. It's a weird world where the likes
               | of John Stewart and Bill Maher sound more like
               | conservatives than liberals.
               | 
               | Both parties have found themselves within an identity
               | crisis. My gut tells me there will be a course correction
               | for the Democratic party not to distant in the future,
               | and the Republican party will continue to "liberalize" as
               | the younger generation takes over. We'll see where the
               | road takes us all...
        
               | mattnewton wrote:
               | That makes more sense to me than Feinstein really. He
               | looks after wealthy Kentucky interests, and is a very
               | powerful senator shaping policy for the whole Republican
               | Party; Feinstein seems unaware of Silicon Valley's
               | interests and basically votes along party lines.
        
               | saltcured wrote:
               | I think you can say the same thing about California. Your
               | mistake is conflating "Silicon Valley's interests" with
               | "wealthy California interests". I imagine it is also true
               | that Kentucky does not have one monolithic base of
               | wealthy or elite agendas.
               | 
               | I think it is more accurate to say that both of them have
               | transitioned into iconic status. The political/marketing
               | machinations have lofted their identities so high that it
               | barely matters that they are humans at all. They are
               | brands. There is also the basic senate rules mentioned
               | elsewhere, which institutionalize seniority.
               | 
               | Look at the list of longest serving US senators and ask
               | yourself if Feinstein is really an anomaly:
               | 
               | https://en.wikipedia.org/wiki/List_of_members_of_the_Unit
               | ed_...
               | 
               | Edit to add: remember when we used to have this
               | conversation about Strom Thurmond or Robert Byrd? It's
               | idiomatic.
        
               | cuttysnark wrote:
               | A senator whose name isn't on this list--what's your
               | point?
        
           | bluefirebrand wrote:
           | > or that she supports widespread data collection when it's
           | not her data
           | 
           | I know we shouldn't assume malice when incompetence explains
           | things, but I genuinely do think a lot of people who run
           | governments do actually think they should not be affected by
           | the same rules they want to apply to everyone else.
        
             | LocalH wrote:
             | It's a base-level "us and them" viewpoint. The ruling class
             | would _never_ stand to live under the same constraints they
             | place everyone else. That is true for just about every
             | nation that has ever existed, at some point.
        
             | mhb wrote:
             | _when incompetence explains things_
             | 
             | Listen to her talk sometime.
        
           | HeckFeck wrote:
           | In the UK, we will have ministers say 'We need to force the
           | evil big tech companies to break encryption so terrorists and
           | perverts can be caught' and the next week they'll warn of the
           | dangers of Russia hacking into vital infrastructure, and the
           | urgent need for strong cybersecurity strategies.
           | 
           | A bewildering and curious lot our leaders are.
        
             | willcipriano wrote:
             | Clinton's emails, that are rightfully a matter of public
             | record (unless they were classified, then she should've
             | went to jail) get leaked, and it's the end of the world and
             | calls the election into doubt.
             | 
             | The same people want to read the communications of private
             | citizens.
             | 
             | They aren't even pretending that there isn't a double
             | standard anymore.
        
             | hammyhavoc wrote:
             | Glad it isn't just me that noticed this cognitive
             | dissonance. It's exhausting.
        
         | SimianSci wrote:
         | It's important to point out that many of these senators are
         | also members of the Intelligence committee and are receiving
         | regular reports from intelligence agencies as part of their
         | senatorial duties. It is logical to think that these agencies
         | are using these briefings to lobby senators for changes that
         | directly impact their performance.
         | 
         | It's highly unlikely this comes from a place of malice, but
         | rather is a second order effect of organizational incentives to
         | do better work.
         | 
         | Regardless, it's important for citizens to fight back against
         | this pressure as it can be conceived as a potentially never-
         | ending erosion of human rights.
        
           | x86x87 wrote:
           | Hahahahaha
           | 
           | Of course. Of course Cruz and Hawley are actually angels that
           | are a victim of circumstances. Collins? Fucking immaculate.
           | 
           | I don't know how many times we have to "fight back" when they
           | come uo with this BS. They should just cut it out and serve
           | the people that elected them.
           | 
           | PS: Mandatory "Think about the children!"
        
             | d23 wrote:
             | Unfortunately I see one senator on here I previously
             | thought highly of (and yeah, not Cruz or Hawley).
        
             | rnk wrote:
             | They are serving lots of constituents. There's no absolute
             | block across all the people in a state. People have
             | different ideas. I hate all these "spy on you and disable
             | encryption". But it's not like there's a uniform view of
             | how to approach this. Plenty of people respond to "think of
             | the children".
        
         | switch007 wrote:
         | It's almost like they intentionally trolled future generations
         | by mixing sentences that sound like iron clad protections with
         | weasel words like "unreasonable" which anybody could foresee as
         | being debated ad infinitum for centuries
        
       | gavinhoward wrote:
       | Here is a link to send to politicians:
       | https://everyoneneedsencryption.gavinhoward.com/ .
       | 
       | Feedback welcome. I want it as short and as punchy as possible.
        
       | barbariangrunge wrote:
       | Gentle reminder: you can donate to the EFF to help them fight
       | bills like this!
        
       | rolph wrote:
       | this has been done before:
       | 
       | https://www.history.com/topics/colonial-america/salem-witch-...
        
         | the88doctor wrote:
         | That's a scarily good comparison. Children need to be
         | protected, but it feels like there is a steady erosion of basic
         | rights to privacy, free speech, free expression, and free
         | choice that are being justified with "whatever it takes to save
         | a child".
        
       | adamsb6 wrote:
       | Naturally this bill designed to strip our privacy is named after
       | the song from Fifty Shades of Grey.
        
       | galoisscobi wrote:
       | I really appreciate that EFF has a convenient way to reach out to
       | reps. If you're a US citizen and reading this thread, I highly
       | recommend using EFF's tool to write to your reps. They have a pre
       | written message and it takes 30 seconds to send it out.
        
       | eagleinparadise wrote:
       | Surely someone here will be encouraged to run for office
        
       | EGreg wrote:
       | And this time they'll probably get it passed. Seeing as what they
       | have already done in Europe and California and Utah and...
       | 
       | There is something We the People can do, as an industry, it is
       | described at the bottom of this link. First it describes the
       | massive extent of the problem, then links to the solution:
       | 
       | https://community.qbix.com/t/the-coming-war-on-end-to-end-en...
       | 
       | If you are thinking "why should I bother clicking on that random
       | link?" It starts out by linking to all the stuff the US
       | government has _already done_ , including defeating the EFF's
       | challenges recently in court -- that's defeating the same guys
       | who published this new piece.
        
       | LorenPechtel wrote:
       | They keep trying to get rid of privacy.
        
         | alexfromapex wrote:
         | They're trying to get rid of everything that isn't somehow
         | serving corporations.
        
         | ethbr0 wrote:
         | Piracy and privacy are so difficult to distinguish.
         | 
         | So few letters. Better to just get rid of both.
        
         | rahidz wrote:
         | Our privacy. Which billionaire travels to which island while
         | abusing which child, financed by what money, will remain
         | happily hidden away.
        
           | trackflak wrote:
           | There is a Bible verse that says every deed done in darkness
           | shall be named in the light. At times like these, I wish the
           | deity who inspired it was a little more proactive.
        
             | salemh wrote:
             | [dead]
        
             | gregw2 wrote:
             | At times like these, I'd imagine that deity wishes we were
             | more proactive too...
             | https://www.openbible.info/topics/being_a_light
             | 
             | (Verses the parent poster may be referring to:
             | https://www.openbible.info/topics/all_shall_be_revealed )
        
             | brobinson wrote:
             | "We can't expect God to do all the work."
        
               | yamazakiwi wrote:
               | That is unfortunate
        
             | throwaway5959 wrote:
             | Maybe part of the problem is that people are waiting for
             | some fictional entity to solve their problems.
        
       | TedDoesntTalk wrote:
       | Here's the link to send an email to your local representative.
       | It's a pre-filled form and takes less than 60 seconds to
       | complete:
       | 
       | https://act.eff.org/action/the-earn-it-act-is-back-seeking-t...
        
         | pksebben wrote:
         | everyone with an opinion in this thread ought to do this. It
         | really doesn't take any time at all.
        
           | colinsane wrote:
           | some countries have a public policy of "don't negotiate with
           | terrorists". it's so tempting for me to adopt the same policy
           | in my own life. if a burglar showed up at my door demanding
           | entry, i wouldn't debate them about why it's morally
           | preferable that they don't enter against my will. but when
           | it's some politician demanding entry, suddenly everyone
           | thinks i ought to engage in that debate.
           | 
           | no. better to dispel the myth: those who rule without consent
           | are illegitimate rulers. the problem isn't us failing to
           | persuade such rulers. it's us failing to reject such rulers.
        
             | hackermatic wrote:
             | The problem is that this line of thinking usually turns
             | into just doing nothing and letting them roll over us
             | anyway because they've taken our silence as consent.
        
       | anigbrowl wrote:
       | As I've said before, complaining about privacy will only take you
       | so far because the issues are too abstract for many people. While
       | right-wing attacks on abortion and contraception may seem
       | irrelevant to tech issues, they also attack the legal basis for
       | privacy, which is not explicitly written into the US
       | constitution. It'd be wise to focus a little less on individual
       | bills and a little more on the broader strategic picture.
       | 
       | That should include a privacy-friendly counter-proposal for
       | dealing with the trade in CSAM, which is a real problem no matter
       | how much the tech community tries to wish it away by saying 'it's
       | already illegal'. It's disingenuous to look at one issue and say
       | 'scope creep, this will threaten our freedoms' while looking at
       | another issue and saying 'we already passed a law, therefore the
       | problem doesn't exist'.
        
         | JPws_Prntr_Fngr wrote:
         | By accepting their framing of "CSAM vs personal privacy" as the
         | moral conundrum, you have already lost. You will be forced to
         | compromise over and over, trading a little liberty for a little
         | security, "for the children."
         | 
         | As if the "intelligence community" that ran Jeffrey Epstein is
         | going to use their shiny new surveillance powers to eradicate
         | pedophilia.
        
           | anigbrowl wrote:
           | That's wrong. CSAM is a problem, the tech industry has failed
           | to get to grips with how easily it facilitates CSAM sharing
           | (not dissimilar to piracy, though I support the latter), and
           | until the tech industry can point to a credible CSAM
           | mitigation policy proposal it will keep looping back to the
           | CSAM-v-privacy framing.
           | 
           | Skip the rhetorical flourishes and come up with a proposal
           | that addresses the issue. If you refuse to do so, then you
           | can't complain about privacy-eradicating opponents offering
           | their mediocre or bad policies. Refusing to acknowledge an
           | issue exists is an automatic loser.
        
       | pfoof wrote:
       | If so, then every member of parliament, senator, judge, minister
       | and other public officers should upload all their data and
       | conversations for the public to see and regularly update it.
       | After all it's for the "good of the society" right?
        
       | bippihippi1 wrote:
       | what can we do?
       | 
       | this is already happening in a lot of cases, we need to make sure
       | this legal grey zone is closed and ruled in favor of privacy. as
       | government powers are derived from the people, and I don't have
       | any right to walk into your house and ask for your mail, the
       | government has no right to invade our privacy. there are better
       | ways to keep us safe. lots of private software does this already
       | and has lots of problems. I see no reason to assume the
       | government would be any better. I could maybe get behind less
       | privacy for government programs interfacing with the American
       | public and for corporations
        
       | abvdasker wrote:
       | To me what's so maddening about these attacks on Internet privacy
       | is that they're extremely unpopular with actual voters across the
       | political spectrum (it's just that awareness of these measures is
       | very low). No politician would ever dare to campaign on a policy
       | like this because nobody wants it. These persistent attempts to
       | pass anti-privacy measures really highlight the corruption of
       | American "democracy" given that there is zero popular mandate to
       | do this but politicians keep trying anyway.
        
       | throwawayzzo wrote:
       | [flagged]
        
       | vlovich123 wrote:
       | Re "If you have nothing to hide" arguments. Pointing out abuses
       | is one thing.
       | 
       | I say we go the other way. All travel by government
       | employees/officials is available to the public (can be historical
       | to avoid security issues). Complete financial transparency by all
       | government officials/senior staff and their family members
       | enforced at the bank level - you must list all your accounts, a
       | cumulative amount of assets, list of specific assets >10k in
       | value. The financial institution is responsible for providing
       | that directly to the IRS which then removed account numbers,
       | institution names, round values to the nearest N to avoid
       | identity theft, etc.
       | 
       | The entire political apparatus in the US seems to shy away from
       | any real transparency yet want to foist it on everyone else not
       | in power. That's not really living your values.
        
       | notRobot wrote:
       | I'm so tired. I wish we didn't have to keep going through
       | constant attacks on our privacy. I know they're hoping that
       | people will give up after a point out of weariness, and I'm
       | afraid when it comes to many people they're right.
        
         | maerF0x0 wrote:
         | Part of it is that we buy into it, literally. If you want to
         | stop it, stop buying into companies that are compliant and sell
         | you out in their technology choices.
        
           | sgjohnson wrote:
           | And 3 steps after that you'll have to go live off grid in a
           | cabin in the woods.
           | 
           | As romantic as it sounds, the one single purpose for for-
           | profit companies is to produce shareholder value, and very
           | few of them see shareholder value in keeping a legal
           | department specifically designed for fighting constant and
           | endless attacks on our privacy.
           | 
           | Much more profitable to do anything else instead.
        
             | colinsane wrote:
             | born too late for homesteading to be a skill exercised and
             | shared by a meaningful portion of society; born too early
             | for homesteading to be made accessible via better
             | technology.
             | 
             | but a hundred years from now i do think "have to go live in
             | a cabin in the woods" will be more like "get to". because
             | if that was something everyone could easily manage, i have
             | no doubt i'd find myself in some cabin-in-the-woods
             | community full of all the other wackos like me.
        
             | JohnFen wrote:
             | I refuse to believe that we are as powerless to stop
             | oppression as your comment implies.
        
         | HeckFeck wrote:
         | Remember when major websites used to blackout over TTIP and
         | SOPA? Those were good days.
         | 
         | Now many of the same websites (eg Reddit) are owned by large
         | entities who don't care. Probably because they've made their
         | money, so who needs a free Internet?
        
           | abracadaniel wrote:
           | The walled gardens are so well established now, their
           | business plans no longer rely on a free Internet. We were
           | lucky at the time that our interests aligned, but it was
           | worrying that we were only able to fight those with the help
           | of our favorite corporations. Now we get to see how that
           | plays out with that support.
        
           | BitwiseFool wrote:
           | Cynically, I know each time these platforms do such a thing
           | the response will be less and less effective. The bad-faith
           | actors in government pushing for this know that and have
           | demonstrated that they just need to wait a little while
           | between attempts before resistance diminishes enough to make
           | its passage viable.
        
           | api wrote:
           | I bet some of the big social media companies like this
           | legislation because it'll make it harder to run a web site,
           | social media company, or chat app, thus insulating them from
           | competition.
           | 
           | Onerous regulations are a kind of regressive tax on
           | businesses, favoring very large firms with big budgets and
           | lobbyists over upstarts and small business.
        
         | lagniappe wrote:
         | As each generation is born not caring about privacy and posting
         | everything for likes, I fear more are being coached to not have
         | privacy as a priority.
        
           | candiodari wrote:
           | In Europe this was actually done in most countries because of
           | the absurdly incredible damage the (even very limited)
           | information governments had during WW2 did to millions of
           | people. That illustrated that even extremely basic
           | information, including merely a list of all citizens, was
           | abused by governments. And not just for racist reasons,
           | equally to force people into occupying forces (like Russia is
           | doing now in Ukraine)
           | 
           | Today we're back to pointing to governments abusing data to
           | target minority children or immigrants to show this. And of
           | course, governments oppose any limiting of the scope of their
           | data collection by pointing out "security issues" (we can't
           | have CHILDREN communicate privately! Look! 3 out of 5 million
           | children got seduced with drugs to go into prostitution!).
           | 
           | Of course, governments' collection of data is not even
           | effective, the government GOT it's data collection wishes
           | from 10 years ago that it said was going to use for
           | prevention (police can now access both comments from teachers
           | AND medical reports on any kid) ... and yet the number of
           | children ... went up, not down.
           | 
           | And of course, nobody wants to point out that 3 out of 3 of
           | those children ran away from government help first chance
           | they got. Nobody seems to feel this might indicate that
           | perhaps something is wrong with the government, and the
           | government's reputation, that needs to be fixed first. They
           | are of course arguing the solution to their reputation
           | problem is to collect more information on EVERYONE, and use
           | more violence against children for less and less reasons,
           | where any small excuse can be found (because 3 children were
           | actually confirmed to have this happen to them ... the
           | government locked up over 300 children, generally against
           | both their own _and_ their parents wishes. Somehow this didn
           | 't make any difference in the numbers at all, and frankly I
           | find it very, very hard to believe the number would have
           | risen 100 TIMES without them doing this)
        
           | Dalewyn wrote:
           | Strong men make good times.
           | 
           | Good times make weak men.
           | 
           | Weak men make bad times.
           | 
           | Bad times make strong men.
        
             | p_j_w wrote:
             | If this little bit of so-called wisdom were true, one would
             | expect Russia to be going through some good times now given
             | the state of the Soviet Union in the late 70s until its
             | dissolution. It seems about as realistic as one should
             | expect such a simplistic reduction of an insanely complex
             | world to be: not at all.
        
             | gherkinnn wrote:
             | Rubbish. Why can't this idiotic meme die already?
        
               | kipchak wrote:
               | While the above is overly simplistic, the basic concept
               | has historical precedent under the general umbrella
               | Social Cycle Theory which is likely why it persists. The
               | same basic idea is described in Ibn Khaldun's Muqaddimah
               | as "Asabiyyah", for example. There is also the Greek
               | kyklos, or the more recent Cyclical Theory[1], Strauss-
               | Howe generational theory or Secular cycles theory,[2]
               | which roughly maps on to the meme's cycles.
               | 
               | [1]https://en.wikipedia.org/wiki/Cyclical_theory_(United_
               | States...
               | 
               | [2]https://en.wikipedia.org/wiki/Social_cycle_theory#Secu
               | lar_cy...
        
               | hanniabu wrote:
               | Because it's not a meme, it's an actual social cycle
        
               | rdlw wrote:
               | It's a meme. It comes from 9GAG.
               | https://knowyourmeme.com/memes/hard-times-create-strong-
               | men
               | 
               |  _Those Who Remain: A Postapocalyptic Novel_ is not an
               | academic work of sociology.
        
             | krainboltgreene wrote:
             | I can't imagine actually posting this publicly for people
             | to mock, and not even under a throw away. Incredible.
        
         | alexfromapex wrote:
         | People need to realize that every good thing the government
         | steals is done through a war of attrition.
        
         | at-fates-hands wrote:
         | Sometime in the early aughts (sometime right after 9/11), I
         | remember an interview with a group of three NSA whistle blowers
         | who were coming forward trying to raise the alarm the US govt
         | was using the tools they had developed to stop terror attacks
         | on the US and had turned those tools back on the US population
         | and were gathering unimaginable amounts of data for that
         | purpose on private citizens.
         | 
         | Shortly after they came forward, I read an article stating
         | gathering so much data on so many people essentially allowed
         | any _real_ terrorist (domestic or foreign) to essentially hide
         | in plain view because of the amount of data being collected
         | could not be sifted through fast enough to flag any person or
         | group before they were able to carry out an attack.
         | 
         | Yes, I'm very much on your side in terms of the constant
         | attacks on our privacy and rights. While at the same time, I
         | acknowledge that there is some inherit defense to them
         | gathering _too much_ data which in some sense allows us to
         | maintain some level of privacy in the meantime.
        
         | whitemary wrote:
         | This is why the Chinese pity western "democracy," and it's
         | quite easy to see where they're coming from. Of course, it's
         | well established that the US is merely an oligarchy with a
         | massive domestic propaganda operation.
        
           | JPws_Prntr_Fngr wrote:
           | Upvoted because the first sentence might be true, and the
           | second one definitely is.
           | 
           | I would say that the US and China are both fantastic examples
           | of why you don't want to allow the construction of a
           | surveillance infrastructure - privatized and public,
           | respectively. We pity each other partially thanks to the
           | propaganda - but I think more importantly because we really
           | are pitiable.
        
         | beauHD wrote:
         | > I know they're hoping that people will give up after a point
         | out of weariness
         | 
         | This is just yet another attempt at Lawful Interception[0],
         | only this time, on steroids. They will continue to try and
         | erode privacy, and therefore, erode democracy. But we do have
         | tools to combat this at our disposal. My only worry is the
         | outright banning of such tools, then we're royally fucked.
         | 
         | [0] https://en.wikipedia.org/wiki/Lawful_interception
        
         | guy98238710 wrote:
         | It's a mistake to just protest these proposals. Counter-
         | proposals that push the balance in opposite direction should be
         | made and pushed through, including some that cut down on
         | existing legislation. A lot of good arguments can be made to
         | support them.
        
         | Kerrick wrote:
         | Eternal vigilance is the price of liberty.
        
           | ryandrake wrote:
           | Eternal is the key word, too. That's the problem with doing
           | this in law: It will just get introduced over and over
           | perpetually until finally it slips through, and then it's
           | pretty much with us forever. The bad guys only have to win
           | once. The good guys have to win every time.
        
         | duxup wrote:
         | I donate to the EFF, is that enough, I don't know but I feel
         | like I'm doing something.
        
           | hammyhavoc wrote:
           | Well, what quantifiable benefit is the public gaining from
           | the EFF? Do you know where your money goes? Does what they
           | publish reach anybody new? Or is it just preaching to the
           | choir?
        
             | menus wrote:
             | Can't give up like this.
             | 
             | If there is anything I have learned is that persistence
             | will eventually pay off. Louis Rossmann [1] has been
             | fighting the good fight for right to repair for so many
             | years and while it isn't quite there yet and there have
             | been lots of downs, there have also been lots of ups [2].
             | Nothing's infallible.
             | 
             | [1] https://www.youtube.com/@rossmanngroup [2]
             | https://www.apple.com/newsroom/2021/11/apple-announces-
             | self-...
        
               | hammyhavoc wrote:
               | Nobody's talking about giving up, they're talking about
               | whether an organization is effective in its existing form
               | (unsure).
               | 
               | E.g., I stopped giving money to Mozilla because I was
               | dissatisfied by where that money was going, what it
               | wasn't being spent on, what it was being spent on
               | instead, and how ineffective they were.
               | 
               | Great that Rossmann got results, but is the methodology
               | that the EFF is using the same as what Rossmann has used?
               | Is it even an appropriate comparison when one is a threat
               | from government, and the other is a matter of anti-
               | consumer ethics with corps?
        
             | duxup wrote:
             | I don't know.
        
         | rdiddly wrote:
         | I just keep wondering what the hell is wrong with the people
         | who think junk like this is a good idea. And why there are any.
         | Theory: They're child-molesters themselves?
        
         | pksebben wrote:
         | I feel like we just have to hold out for another couple of
         | decades - until there aren't any boomers left in government.
         | 
         | This whole clusterfuck is a result of old people not knowing
         | their ass from a pihole.
        
           | betaby wrote:
           | I EU and Canada such laws are pushed by relatively yang folks
           | as well, like ones in their 40s.
        
           | bregma wrote:
           | And you know, the boomers felt exactly the same about the
           | generation they were replacing. At least some things don't
           | change.
        
           | somenameforme wrote:
           | You may want to check out the list of the sponsors of this
           | bill: https://www.congress.gov/bill/118th-congress/senate-
           | bill/120...
           | 
           | And that's just the sponsors, not the people who will vote
           | for it. Some on that list do belong in nursing homes, but age
           | is not a factor. It's mostly just the political establishment
           | and newcomers hoping to join that establishment.
        
           | JohnFen wrote:
           | If history is any guide, the people who will replace the
           | boomers will not be any different. The root cause is not
           | related to age or generation, it's related to power.
        
             | SoftTalker wrote:
             | Meet the new boss. Same as the old boss.
        
             | pksebben wrote:
             | You know, you're probably right and that makes me sad. That
             | said, it's easy for the bad apples to spoil the bunch right
             | now because most congress critters don't actually know what
             | encryption is or how it works - I suppose my hope is that
             | at some point, the Evil Ones(tm) will have a much harder
             | time convincing the Dumb Ones(tm) that they're trying to
             | 'protect children' with this kinda nonsense.
             | 
             | Of course, then the posts just get kicked down the line to
             | the next new tech that nobody groks, but at least perhaps
             | we can stop fighting this specific one so hard and so
             | frequently.
        
       | kylehotchkiss wrote:
       | > The bill also makes specific allowances to allow the use of
       | encryption to constitute evidence in court against service
       | providers.
       | 
       | So if you enable iCloud advanced protection, that is "evidence".
       | We really really need a younger congress.
        
       | sroussey wrote:
       | Soon they will ask to scan your car computer so they can ticket
       | you for speeding.
        
       | lysozyme wrote:
       | I'm reminded by a speech by Frederick Douglass [1] that
       | 
       | >This struggle may be a moral one, or it may be a physical one,
       | and it may be both moral and physical, but it must be a struggle.
       | Power concedes nothing without a demand. It never did and it
       | never will. _Find out just what any people will quietly submit to
       | and you have found out the exact measure of injustice and wrong
       | which will be imposed upon them, and these will continue till
       | they are resisted_ with either words or blows, or with both. The
       | limits of tyrants are prescribed by the endurance of those whom
       | they oppress. (Emphasis mine)
       | 
       | 1. https://www.blackpast.org/african-american-
       | history/1857-fred...
        
         | GalenErso wrote:
         | Well, what do you suggest? For HN SWEs to storm the Capitol,
         | MacBook Pros in hand?
         | 
         | I fight for nothing. I have no struggle against anyone or
         | anything. I don't have a cause. And neither do 99% of people.
        
           | carimura wrote:
           | Nobody asked you to fight. You have the luxury of not
           | fighting and not struggling because so many before you fought
           | and so many around you choose to fight now, as uncomfortable
           | as that might be.
        
           | jutrewag wrote:
           | Most people have a cause, especially now, either actively or
           | passively.
        
           | [deleted]
        
           | aendruk wrote:
           | You could start with the big red call to action in TFA.
        
           | motohagiography wrote:
           | No, you're just part of the third of people that one third
           | can depend on to do nothing while they try to destroy the
           | reamining third. Discouraging others is just a bonus.
        
             | pjmorris wrote:
             | "Washing one's hands of the conflict between the powerful
             | and the powerless means to side with the powerful, not to
             | be neutral." - Paulo Freire
        
             | GalenErso wrote:
             | I'll admit I would rather this bill doesn't pass but don't
             | care if it does to do anything about it.
        
               | JumpCrisscross wrote:
               | > _don 't care if it does to do anything about it_
               | 
               | This is most people. Which, frankly, makes governing
               | possible. I understand the civic detachment. (I don't
               | care about most fights enough to get involved.) What I
               | suppose I don't is still wanting to comment on it.
        
         | devindotcom wrote:
         | Douglass was such a mind. I need to actually read through his
         | various memoirs and essays/correspondence.
        
       | vrglvrglvrgl wrote:
       | [dead]
        
       | celtoid wrote:
       | Marcus Raskin's 1976 paper "Democracy Versus the National
       | Security State" [0] is a good backgrounder on how we've gotten to
       | this state of affairs. If politicians want to continue with their
       | careers in Congress, they'll either serve the national security
       | state or have to pretend to their constituents that it doesn't
       | exist.
       | 
       | "The national security state emerges from war, from fear of
       | revolution and change, from the economic instability of
       | capitalism, and from nuclear weapons and military technology.It
       | has been the actualizing mechanism of ruling elites to implement
       | their imperial schemes and misplaced ideals. In practical terms
       | its emergence is linked to the rise of a bureaucracy that
       | administered things and people in interchangeable fashion without
       | concern for ends or assumptions. This state formation matured
       | during a period in which the office of the President be- came
       | supremely powerful as a broker and legitimating instrument of
       | national security activity."
       | 
       | "...The society is at a turning point. And in this regard so is
       | the legal profession. Either we will surrender representative
       | democracy, embracing instead different forms of corporate fascism
       | and bureaucratic control (military, police, and social) which
       | cannot be halted through citizen action and democratic pro-
       | cesses, or we (including the legal profession) will begin the
       | difficult task of dismantling the national security apparatus. It
       | does not seem likely to me that those who struggled in the
       | sixties to develop a new meaning of democracy will settle for
       | bureaucratic or corporate fascism. And those who are neutral on
       | the question will be less likely to acquiesce in fascist or
       | bonapartist deformations once it is clear that they are
       | inefficient, and that they provide only insecurity, unemployment,
       | imperial wars, a deepening arms race, and a pro- cess of
       | repressive exclusion which reduces politics to an empty game."
       | 
       | [0] https://scholarship.law.duke.edu/lcp/vol40/iss3/7/
       | 
       | Plain text at:
       | 
       | https://archive.org/stream/democracy-versus-the-national-sec...
        
       ___________________________________________________________________
       (page generated 2023-04-21 23:00 UTC)