Author Archives: Michael Froomkin

A Georgian Grandmother’s Take on the TSA

A student I know writes,

My grandmother and I have a unique relationship. We talk about the usual family gossip, but we really get into it when we talk about politics. Why is this unique? Because my grandmother is in her eighties and she lives in Tbilisi, Georgia. Having spent my formative years in the U.S., I make sure to tell her of the liberties that I take for granted that she did not have for the majority of her life in Communist Russia. I tell her that I could support any candidate running for office without fear of retribution from the sitting party (or can I?). Unlike her, I don’t have to fear being audited by the KGB if I support the opposing party (or do I?) (OK maybe I am safe from the KGB). Unlike her, I could become a journalist and try to uncover the truth without fear of being investigated for criminal conspiracy (or can I?). Unlike her, I could rely on my government to tell me the truth about what is going on in the world (or can I?). Unlike her, I am protected by the Constitution to say what I want without being punished (or am I?).

My grandmother does not like being told that she is missing out on these basic liberties by not being in the U.S. (or is she?). Recently, my grandmother visited us in the U.S., and then she visited some family in Israel. She told me about her experience at JFK International Airport. She told me how she was patted down. She told me how she had to stand for what felt like hours (Georgians tend to exaggerate) waiting for the honor to be patted down. She told me how strangers rummaged through her bags. She told me how the TSA threw out her water bottle and how she had to buy another one inside the airport for $3 so she can take her medicine. She told me how rude the TSA agents were to her. She told me how hard it was for her to remove her shoes and then she told me how frustrated she was when she found out she did not have to. I tried to tell her that this is the price we all pay to make sure we have a safe society.

She knew I was going to say that. That’s when she told me about her experience flying to the U.S. and flying from Israel back home. She told me that she was treated with respect and sensitivity. She told me that there were no pat downs, no waiting, no shoe drama, no bag drama, and no “administrative” searches and seizures. I told her it sounds like the security at those airports is lacking. She was not having it. She said there have been no terrorist attacks from those airports and she did research (research-really?) and in fact those airports are safer than their U.S. counterparts. I was stumbling. She was just getting warmed up. Then she went for the jugular. She asked me, oh by the way, whose society is really free?

I realized that in Russia the government knows what you have before you get to the airport so there is no reason for the authorities to scrutinize low-risk passengers. In Israel, law enforcement could track people suspected of terrorism and some form of profiling is prevalent at Ben-Gurion Airport so again there is no need to burden the elderly. However, the U.S. does not use as much profiling nor can the authorities track people’s movements without some kind of judicial oversight. This is the upshot of the discrepancy between how my grandmother was treated at the three airports. My grandmother said she agreed with me and she added that she does not mind being tracked or profiled as long as she can have her dignity and her water while she is traveling.

I asked her if I could write about our exchange. She said sure, but she warned me against using my name. (She said I could use hers, but it’s probably not a good idea because that’s too easy to track. I better listen to her — she has more experience with this stuff.)

Myself, I’d rather undergo some difficulties at the airport rather than live in a surveillance state, but this either goes to show that tastes vary, or that tastes in what counts as freedom are to some extent defined by culture and expectations. Of course, there’s always the possibility that we may end up with both the surveillance and the TSA.

Previously: I write about my grandmother — names and all — in “Rose Burawoy, Political Scientist”.

Posted in Civil Liberties, Law: Right to Travel | 6 Comments

Crawford on Telco Monopolies

Nice profile of Susan Crawford, highlighting her campaign against telco internet monopolies, by David Carr in today’s NYT.

A taste of Telecom’s Big Players Hold Back the Future:

Susan Crawford, a professor at [Cardozo School of Law], has written a book, “Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age,” that offers a calm but chilling state-of-play on the information age in the United States. She is on a permanent campaign, speaking at schools, conferences and companies — she was at Google last week — and in front of Congress, asserting that the status quo has been great for providers but an expensive mess for everyone else.

Ms. Crawford argues that the airwaves, the cable systems and even access to the Internet itself have been overtaken by monopolists who resist innovation and chronically overcharge consumers.

The 1996 Telecommunications Act, which was meant to lay down track to foster competition in a new age, allowed cable companies and telecoms to simply divide markets and merge their way to monopoly. If you are looking for the answer to why much of the developed world has cheap, reliable connections to the Internet while America seems just one step ahead of the dial-up era, her office — or her book — would be a good place to find out.

‘Calm but chilling’ – that’s Susan when she’s doing business; she’s warm and funny when off duty.

Posted in Internet | 1 Comment

EFF Is Accepting Bitcoins Again

a 2-year moratorium.

One key difference from past practice: EFF will liquidate any Bitcoins it receives as soon as it gets them.

EFF’s announcement pointed me to this recent (March 18, 2013) Fincen guidance document, Application of FinCEN’s Regulations to Persons Administering, Exchanging, or Using Virtual Currencies which I had missed. Key graph:

A user who obtains convertible virtual currency and uses it to purchase real or virtual goods or services is not an MSB [Money Services Businesses] under FinCEN’s regulations. Such activity, in and of itself, does not fit within the definition of “money transmission services” and therefore is not subject to FinCEN’s registration, reporting, and recordkeeping regulations for MSBs.

Posted in Cryptography, Econ & Money | Comments Off on EFF Is Accepting Bitcoins Again

The Red Lionfish of Politics

How can this be?

Most people are now familiar with President’s Obama’s proposal to cut Social Security by reducing the annual cost of living adjustment. While the final formula is somewhat convoluted, the net effect is to reduce benefits by an average of roughly 3.0 percent.

Since Social Security benefits account for more than 70 percent of the income of a typical retiree, this cut is more than a 2.0 percent reduction in income. By comparison, a wealthy couple earning $500,000 a year would see a hit to their after-tax income of just 0.6 percent from the tax increase that President Obama put in place last year.

While President Obama is willing to make seniors pay a price for the economic crisis, his administration his unwilling to impose any burdens on Wall Street. Specifically, it has consistently opposed a Wall Street speculation tax: effectively a sales tax on trades of stock and derivatives. The Obama administration has even used its power to try to block efforts by European countries to impose their own taxes on financial speculation.

If the idea of taxing stock trades sounds strange, it shouldn’t. The United States used to impose a tax of 0.04 percent until Wall Street lobbied to eliminate it in the mid-1960s. Many countries, including the United Kingdom, Switzerland, China, and India already impose taxes on stock trades.

Oh, wait, it’s simple:

Wall Street bankers have a lot more political power than old and disabled people who depend on Social Security. That is why President Obama is working to protect the former and cut benefits for the latter.

At the risk of sounding like a broken record, let me repeat two things I’ve said often before:

1. We need a Tobin Tax too.

2. Consider this administration the flowering of the Nelson Rockefeller wing of the GOP. Obama governs like the moderate-liberal Republicans of my youth — a species now all but extinct in its original habitat, but thriving like red lionfish in their new home.

Posted in Econ: Social Security, Politics: US | 4 Comments

Space Derivations (Odd)

The internets are going nuts over this stunning video remake of David Bowie’s Space Oddity, recorded by Commander Chris Hadfield on board the International Space Station.

It’s a visually stunning video, a fun idea, the law prof discussion about the copyright implications of creating a derivative work in space have been loads of fun … but I still can’t help but think that Commander Hadfield’s revisions (made for understandable reasons) took out the sting that made the original song so great back in the early ’70s when they just didn’t play stuff like that on the radio.

But wait. It seems that the canonical version isn’t even the original! In hunting for the version I of the song I knew, I found this subtly weird, and in one place [circa 2:26] quite awful, version that is apparently part of an original 1969 video. I’ll stick with the ’70s version, thank you.

Posted in Kultcha | Comments Off on Space Derivations (Odd)

Rep. Ros-Lehtinen Votes Against Overtime Pay

Sooner or later, a record of voting against your constituents’ interests has to catch up with you, no matter how nice you are. Our own IRL voted to allow employers to take away overtime pay, which is currently required by law. Instead she would allow employers to choose to give workers comp time for overtime, and keep the money. The bill would disproportionately hurt women and mothers.

Stuff like this should case you electoral trouble. Unless of course the other party gives you a free pass.

Posted in Politics: FL-18 | Comments Off on Rep. Ros-Lehtinen Votes Against Overtime Pay