Controlling Our Brave New (Digital) World

Now that Net Neutrality rules have been eliminated by Trump’s FCC, the question is: how will the repeal affect ordinary Americans? What consequences will be seen by the millions of Americans who turn increasingly to the Internet for everything from information to entertainment to commerce?

The Brookings Institution has at least a preliminary answer.

On June 11, 2018, the Federal Communications Commission’s repeal of the Open Internet Order—the net neutrality rules—went into effect. In the wake of this change, Americans are wondering how the repeal will affect them, and what it means for the future of internet access. Though consumers may not see changes quickly, the shift on net neutrality undermines the nation’s history on network regulation, creating a new era in how these networks operate in America.

So–in this brave “new era,” what can we expect?

The “quick and dirty” answer is: it depends. For one thing, there is a pending court challenge to the FCC’s authority to repeal Net Neutrality. For another, the Senate has passed Senate Joint Resolution 52, officially disapproving the repeal.  (Under the Congressional Review Act,  Congress can undo recently created rules by federal agencies.)

It still has to pass in the House, and then be signed by the president, which makes its prospects dicey, but perhaps Mueller will have completed his investigation…

That said, the need for a vote in the House should make protection of Net Neutrality an issue in the upcoming midterms. Every Congressional candidate should be asked whether they will vote to reinstate the rules. In December of last year, the Hill reported that 83% of Americans support Net Neutrality.

The pending court case is a consolidation of twelve separate challenges to the FCC’s authority to repeal the rules. The 12 lawsuits were filed by more than three dozen entities, including state attorneys general, consumer advocacy groups, and tech companies.

(If there is a Justice Kavanaugh sitting on the Supreme Court, and the case reaches the high court, its prospects dim: Kavanaugh is on record opposing Net Neutrality on the grounds that Internet providers are publishers, and protected from government interference by the First Amendment. Equating companies like Verizon and AT&T with media outlets like the New York Times requires some convoluted logic. )

More encouraging, a number of states aren’t waiting for Congress or the courts. California, not surprisingly, looks to be first out of the gate with a “robust” protection of Net Neutrality, but a number of other states are in the process of crafting similar bills.

The latest version of the bill restores provisions that would prevent broadband providers from exempting some services from customers’ data caps and would ban providers from charging websites “access fees” to reach customers on a network or blocking or throttling content as it enters their networks from other networks, according to a fact sheet released by Wiener, Santiago, and state senator Kevin de León.

The enumerated practices are those that big telecom companies are expected to engage in now that the FCC has repealed national protections.

The new version of the bill needs to be approved by both houses of the California Legislature, then be signed by Governor Jerry Brown. From there, it could face legal challenges from the FCC, which prohibited states from adopting their own net neutrality protections when it repealed the national net neutrality rules. During the press conference, Santiago said the California bill would stand up to legal scrutiny. Legal experts have told WIRED they are unsure whether the FCC has authority to preempt state law on the issue.

As 83% of Americans understand (at least in this context), this administration’s indiscriminate war on all regulatory activity more often than not just favors big business over the rest of us.

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How Bad Is It?

Two of the most clear-eyed and knowledgable observers of the American legislature have once again weighed in on the disaster that is the current Congress.

In the New York Times Sunday Review, Thomas Mann and Norman Ornstein explained how the Republicans “broke Congress.”

In the past three days, Republican leaders in the Senate scrambled to corral votes for a tax bill that the Joint Committee on Taxation said would add $1 trillion to the deficit — without holding any meaningful committee hearings. Worse, Republican leaders have been blunt about their motivation: to deliver on their promises to wealthy donors, and down the road, to use the leverage of huge deficits to cut and privatize Medicare and Social Security

Eleven years ago, we published a book called “The Broken Branch,” which we subtitled “How Congress Is Failing America and How to Get It Back on Track.” Embedded in that subtitle were two assumptions: first, that Congress as an institution — which is to say, both parties, equally — is at fault; and second, that the solution is readily at hand. In 2017, the Republicans’ scandalous tax bill is only the latest proof that both assumptions are wrong.

Mann and Ornstein are blunt: today’s Republicans are to blame for destroying Congressional integrity and credibility. They point to three tactics that have brought us to this point: the constant demonization of government and the norms of lawmaking; the so-called “Obama effect”; and the use of the right-wing media echo chamber to keep their “troops” enraged.

As they described the “Obama effect”

When Mr. Bush became president, Democrats worked with him to enact sweeping education reform early on and provided the key votes to pass his top priority, tax cuts. With President Barack Obama, it was different. While many argued that the problem was that Mr. Obama failed to schmooze enough with Republicans in Congress, we saw a deliberate Republican strategy to oppose all of his initiatives and frame his attempts to compromise as weak or inauthentic. The Senate under the majority leader Mitch McConnell weaponized the filibuster to obstruct legislation, block judges and upend the policy process. The Obama effect had an ominous twist, an undercurrent of racism that was itself embodied in the “birther” movement led by Donald Trump.

My only quibble with this analysis is the use of the term “undercurrent.” From my vantage point, the racism was anything but subtle. And as numerous people have pointed out, Trump’s only discernible agenda is to reverse anything and everything his black predecessor did. Unlike many observers, however, Mann and Ornstein do not see Trumpism as a deviation from past GOP priorities and practices:

Mr. Trump’s election and behavior during his first 10 months in office represent not a break with the past but an extreme acceleration of a process that was long underway in conservative politics. The Republican Party is now rationalizing and enabling Mr. Trump’s autocratic, kleptocratic, dangerous and downright embarrassing behavior in hopes of salvaging key elements of its ideological agenda: cutting taxes for the wealthy (as part of possibly the worst tax bill in American history), hobbling the regulatory regime, gutting core government functions and repealing Obamacare without any reasonable plan to replace it.

Perhaps the most important point they make is that the chaos and incompetence of this White House, and the elimination or reduction of important government functions by disastrous cabinet and agency appointments, is being encouraged and enabled by Congressional Republicans.

The failure of Republican members of Congress to resist the anti-democratic behavior of President Trump — including holding not a single hearing on his and his team’s kleptocracy — is cringe-worthy. A few Republican senators have spoken up, but occasional words have not been matched by any meaningful deeds. Only conservative intellectuals have acknowledged the bankruptcy of the Republican Party.

We have never suggested that Democrats are angels and Republicans devils. Parties exist to win elections and organize government, and they are shaped by the interests, ideas and donors that constitute their coalitions. Neither party is immune from a pull to the extreme.

But the imbalance today is striking, and frightening. Our democracy requires vigorous competition between two serious and ideologically distinct parties, both of which operate in the realm of truth, see governing as an essential and ennobling responsibility, and believe that the acceptance of republican institutions and democratic values define what it is to be an American. The Republican Party must reclaim its purpose.

What Mann and Ornstein didn’t do in this hard-hitting and absolutely accurate article is tell readers how they are supposed to make the GOP “reclaim its purpose.” For my part, I can only see one way: the GOP must be crushed at the polls in November of 2018. Only a truly massive rejection by American voters will get the message across.

They don’t just need to be beaten; they need to be crushed. And then we all have to pray that democratic and constitutional norms and rational public policies can be salvaged.

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Dreaming…

From Reuters (as well as a number of other media outlets) we learn that

President Donald Trump is expected to rescind an Obama administration policy that protects from deportation nearly 800,000 immigrants who as children entered the country illegally, setting the stage for a fight with U.S. business leaders and lawmakers over tough immigration policy.

The article goes on to detail the negative response of the business community to the proposed action, and economists’ prediction that such a move would hurt economic growth and depress tax revenues.

Leave aside the economic consequences. Trump’s willingness to inflict immense human misery is what’s truly appalling. This would be the most immoral action taken thus far by a profoundly immoral administration.

The targets of this move are not criminals. They aren’t even immigration scofflaws; they didn’t choose to come to the United States illegally. They were children. They were brought here by their parents. Most of them have never known another home; significant numbers speak only English. They are productive citizens, small businesspeople and dependable employees, whose value to their communities has been amply documented. Why on earth would Trump want to deport them?

I think we all know the answer to that.

Reuters tells us that the overwhelming majority of the Dreamer immigrants came from Mexico and other Latin American countries. Most are brown, and brown and black people are  by definition un-American “others” to the White Supremacists, neo-Nazis and other assorted bigots who are Trump’s core supporters.

Trump’s utter lack of human empathy has been obvious for a long time; it was prominently on display during his trip to Houston. So it is pointless to expect him to understand or care about the wrenching reality of his proposed order.

Vox has focused on that reality.

Hundreds of thousands of families in the US are anxiously awaiting a decision from President Donald Trump that could change the course of their lives. Will they lose their jobs? Will they have to drop out of college? Will immigration agents knock on their doors to kick them out of the country they consider home? And what will happen to their American kids if they have to leave?…

In the five years since DACA went into effect, thousands of undocumented immigrants have been able to go to college, get driver’s licenses and get jobs and pay taxes for the first time. Many now have their own children, who are American citizens. Parents with DACA are wrestling with the question of what to tell their children, and whether it would be best to leave them in the United States or take them away if they are forced to leave.

When comprehensive immigration reform once again failed to pass Congress, Obama addressed the situation of the so-called “Dreamers” with an executive order creating DACA–Deferred Action for Childhood Arrivals. It allowed a defined subset of young undocumented immigrants to get temporary Social Security numbers and deportation protection. They had to pass criminal background checks, pay taxes, and renew their DACA status every two years. The program was a temporary fix, but during the campaign, Clinton vowed to maintain it.

Trump, of course, made anti-immigrant rhetoric the centerpiece of a campaign that pandered, bigly, to rightwing bigotries.

It is heartbreaking to read the comments of DACA recipients interviewed in the Vox article. These are good people who are in an untenable situation because for years, Congress has consistently failed to pass an immigration bill. Most recently, rather than give President Obama a political “win,” the GOP simply blocked efforts to negotiate a legislative solution to a problem everyone recognized.

Now we have a President whose terrifying ignorance of government is matched only by his inability to think of anyone but himself. If Congress cannot be moved to action by the plight of 800,000 innocent DACA immigrants, there’s no reason to believe they will ever summon the moral courage to defy this bigot-in-chief.

This is a test, and I’m very much afraid America will fail it.

As a current Internet meme puts it: It’s no longer about whether Trump has any decency. It’s about whether we do.

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While Our Neros Fiddle…

In his Phoenix rally, Donald Trump doubled down on his appeal to racism–both through a self-serving (and inaccurate) defense of his remarks after Charlottesville and in a coy reference to a potential pardon for notorious Arizona racist Joe Arpaio. It was red meat for his supporters.

The question is: who are those supporters?

I have previously expressed my belief that Trump’s election owed much more to racial resentment than to economic distress. But I do understand the connections between cultural and economic anxiety.

It is true that Trump voters on average were better-off financially than Clinton voters (and it is also true, and worth repeating, that there were three million more of the latter than the former), but as sociologists will confirm, economic anxiety is not the same thing as economic deprivation. And multiple studies confirm that anxiety and insecurity trigger bigotries and other behaviors that are suppressed in less tumultuous times.

A recent Economist article describes an academic inquiry that illustrates the connection:

LAST year over 102,000 people died in nearly 50 armed conflicts across the world, according to the Peace Research Institute Oslo, a think-tank. Much of this violence is caused by tensions between ethnic groups—two-thirds of civil wars have been fought along ethnic lines since 1946. Yet historians differ over whether cultural differences or economic pressures best explain how tensions explode into violence.

A new study by Robert Warren Anderson, Noel Johnson and Mark Koyama suggests that, historically, economic shocks were more strongly associated with outbreaks of violence directed against Jews than scholars had previously thought.

The research cited an intriguing example: some 57% of people living in medieval England relied on farming, and a decline in average temperatures of only a third of a degree increased the probability of a pogrom or expulsion by 50% over the next five years. In other words, incidence of violence against Jews weren’t caused by religiously-motivated anti-Semitism. That animus was undeniably– and constantly– present, but its eruptions were triggered by social and economic ills.

Echoes of these patterns are discernible today. Many economists have linked the weather—particularly droughts and heatwaves in agricultural economies—to outbreaks of intercommunal violence in developing countries. Another paper published last year, by Carl-Friedrich Schleussner and his colleagues, found that between 1980 and 2010 23% of civil wars coincided with climate-related disasters in countries with deep ethnic divides. Global warming may worsen this problem further. The lesson of history is that better political institutions can help soothe tensions.

If better political institutions can soothe tensions, it stands to reason that worse political environments can encourage them.

The emergence of the so-called “alt-right” (and no, Mr. Trump, there really isn’t such a thing as an “alt-left”) is widely attributed to Trump’s barely-veiled encouragement of racism and other forms of bigotry, the expression of which was preceded by the years of GOP “dog whistles” that have become one of the party’s routine political tools in the wake of Nixon’s Southern Strategy.

The success of that strategy required both pre-existing bigotry–mostly latent, but undeniably potent–and an increase in appeals to social and/or economic anxiety.

Social anxiety in an age of constant and accelerating change is a given. There isn’t much lawmakers can do about that. But they can ameliorate economic insecurity. Legislators can strengthen America’s porous and inadequate social safety net; they can expand access to healthcare; they can make the tax code simpler and fairer; they can raise the minimum wage; they can fashion rules to ensure that the water in our cities remains lead-free and drinkable and the air breathable (and they can require Scott Pruitt’s EPA to abide by those rules).

In short, lawmakers can remove a significant number of the uncertainties that feed economic anxiety. They can also act responsibly and constitutionally, sending a reassuring signal that America’s institutions are functioning properly. None of that, however, is happening.

Nero is said to have fiddled while Rome burned. Congress could give him lessons.

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