Edward Snowden’s Leaks Hit a Little Closer to Home

I’m on the record as not having been impressed with Bradley Manning for turning over thousands of classified diplomatic messages to Wikileaks:

Then, of course, there’s the anonymous asshole who was trusted with access to all this stuff and decided to leak it. Leaking this stuff might have been justified if it contained the shocking truth behind the Kennedy assassination, or proof that 9/11 really was an inside job, or the alien autopsy video, but most of this stuff is routine diplomatic traffic.

Look, whoever you are, you took an oath to keep this stuff secret. People trusted you. Then you broke your oath and leaked it anyway. That ain’t cool.

(At the time, Manning had been mentioned as a suspect, but it wasn’t clear to me that he was the source of the Wikileaks material, so I didn’t use his name.)

To the best of my knowledge — which isn’t very great — there’s still nothing that Manning gave to Wikileaks that justifies his breach of trust. The leaked messages revealed a lot of details about our foreign policy, and about what our diplomats thought of other country’s rulers, but little of it seemed directly relevant to how we Americans live our lives. (Since I haven’t been following the story very closely, however, I’m willing to have my mind changed about that, and it wouldn’t take anything as outrageous as my hyperbolic examples.)

Of course, even if his disclosures were unjustified, he still doesn’t deserve the atrocious treatment he was reportedly subject to, especially since most of it took place while he was still innocent until proven guilty. But that’s another story…

Edward Snowden took an oath too, and he broke it as well, but my initial impression is that he did it for a justifiable reason. It appears the government has been spying on us far more than we thought, and even if it all does turn out to be “legal,” it’s still something that affects us all. We have a need to know.

Heck, this could be something that affects me. Just of the top of my head, I’m friends on Facebook with Mirriam Seddiq, and I follow her on Twitter. Given that she’s an immigrant from Afghanistan and an immigration lawyer, I wouldn’t be surprised to learn that she’s brushed up against somebody the NSA has taken a look at. And Snowden was claiming that PRISM looked at friends of friends of targets…

NSA Surveillance – Some Technical Speculation

The NSA story is still breaking, so almost anything I write may soon be overtaken by new information, but I thought I’d address one aspect that involves an area in which I have some expertise: Although whistleblower Edward Snowden claims that major tech corporations such as Microsoft, Google, Yahoo, and Facebook have given the NSA direct access to information on their servers, spokespersons for the corporations are denying it. They are saying that they comply with legal government requests for information, but that they do not give the government “direct access” to their servers.

If we make a few technical assumptions about some missing details, it’s possible both sides are telling the truth.

When we use sites like Facebook, Google, and Yahoo, we are for the most part viewing and modifying only one thing at a time: One user account, one fan page, one news page. The pages might have some details — postings or timeline items — but they are organized around a single conceptual entity. Furthermore, our need to modify this entity imposes an architectural limitation requiring every entity to be stored in one and only one place, i.e. on one server or in one database, otherwise you could have different versions of the entity in the system, and you’d see different pages depending which server or database you happened to reach on each visit.

On the other hand, since users only work with one entity at a time, it is relatively easy to scatter all the entities in the system across many servers.  A site with a 100 million users could have 4000 servers, each storing information for 25,000 users. When any single user is accessing the site, he or she would be mostly interacting with whatever server their user profile happens to live on. This sort of partitioning is a common way of scaling up an application to support very large numbers of users.

Now suppose that you are the company running this site and you want to find out some aggregate information about your users. Perhaps you want to find all users living in Chicago. With the data architecture I described above, you would have to submit a query for a list of all users in Chicago to all 4000 servers, collect the answers, and combine them into a single list.

One problem with that approach is that the interactive servers are optimized to respond quickly and efficiently to requests for single users, so a query that could return hundreds of users will push the server outside its high-performance envelope, which could cause glitches that users would notice. The problem would be even worse for a more complex query, such as an advertising department query to find all users who live within 15 miles of any of a clothing retailer’s 75 store locations. Implementing the ability to handle such queries efficiently would likely require the creation of additional data structures and indexes, which would impose their own performance burdens and equipment requirements.

A second problem is that querying 4000 servers is a complex and time-consuming operation, and some of the data could be missed if any of the servers happen to be down when the query comes in. The problem becomes even worse for queries with results that span multiple servers. For example, the NSA might have a target user and want to know all users who exchange messages with that user or with any user who exchanges messages with that user, requiring a series of queries spreading across dozens or hundreds of servers. Or maybe not all user data is stored on one server, e.g. for performance reasons it might make sense to store user messages on separate servers from user profiles. Performing queries across multiple servers can get very messy and hard to implement.

The root cause of all these problems is that a server and database architecture that is optimized for thousands or millions of interactive users is unlikely to be efficient or effective at broad ad-hoc queries across the entire user base.

Information technology companies have been dealing with these kinds of problems since long before the modern internet, and there is a well known general architectural pattern that has proven effective: Build a separate database that is specifically designed to efficiently handle large ad-hoc queries and populate it with data pulled from the interactive servers on a regular basis. Depending on the application, this could be done on a nightly schedule, or whenever certain events happen, such as every time a user updates his profile or sends a message. In large or complex data environments, there is often a whole separate set of intermediary servers to perform the distribution process.

(By the way, you likely encounter variations of this architecture all the time. If you use Google Analytics, it’s probably why you can’t get statistics more recent than the previous day — user clicks from all over the world are collected on Google servers scattered all over the world, and it takes time to consolidate them in a single place. This is also why ATM and credit card transactions don’t show up immediately in the detail view of your account on your bank’s website — the servers that provide fast responses to the ATM network and point-of-sale terminals haven’t yet transferred the data to the reporting-oriented servers that provide the data on the website.)

The concept of separate systems for ad hoc queries and reporting has been around a long time and has many variations and names — data warehouse, reporting server, analytics server, data mart. The latter is a collection of multiple variations of the reporting data, offering different subsets of the full data set to different types of end users — one subset for company executives, another subset for quality monitoring, and a whole slew of subsets for various advertisers looking to target lucrative subsets of the user base.

Given the prevalence of this kind of architecture, it seems likely that if the NSA approached companies like Microsoft, Facebook, Yahoo, and Google with requests to access user data, the companies’ technical response would be to setup a data mart to meet the NSA’s needs.

There are several advantages to this approach. First, it’s a familiar process that the companies can easily do. It’s certainly easier than giving the NSA access to the live user servers, especially since data mart maintenance software already exists for all the major databases.

Second, compliance analysis is simpler. If there are varying rules governing what the NSA can see — e.g. full message content for some users, only message metadata for others, depending on laws, procedures, and court rulings — there’s no need to have the query server software analyze every NSA query and filter the results. Instead, the filtration rules are implemented in the distribution mechanism that populates the NSA data mart, which then only contains the approved data. The filtration rules are likely created with a software tool that is designed to make them easy to create and check for correctness.

Third, this process clearly delineates what the NSA has access to and what it does not. If it ever comes to a court case or a Congressional investigation, the companies can point to the server to show what they turned over.

From the point of view of the IT staff running the websites for those companies, neither the NSA nor anyone else can perform queries on the thousands of servers holding user data — they’re simply not designed to do that. The employees would know about the data being swept to the data warehouse every night, but the NSA data mart is only a small portion of that, and the data being transferred is presumably only what is required by law (at least as far as they know). Given the requirements of national security, most of the IT staff would not know the details.

To the NSA employees querying this data, however, the details of the data mart implementation would be unimportant, and as far as they’re concerned they appear to have access to the servers at Facebook, Yahoo, and Google — much as it appears to you that you are accessing your bank’s computers when you view your account transaction details on your bank’s website, even though you’re probably just accessing a delayed copy of the data. To NSA analysts poring over the data for signs of terrorist activity, the distinction between the different types of servers would be immaterial, and would be unlikely to be included in the training materials that have come to light recently.

I should note that this is only speculation on my part. However, if these data marts are the mechanism by which the companies comply with FISA warrants, it would explain some of the confusion.

Addendum: Mark Jaquith has posted a similar theory of what’s going on, and he points out that it corresponds well with this story in the New York Times. Also, the reports that PRISM has an annual budget of only $20 million, make a lot more sense if PRISM is just the NSA’s program for aggregating data pulled in from the corporate FISA compliance data marts.

In Which I Decline a Prospective Content Partnership

The Popehat folks are far better at this sort of thing, but let me give it a try. I got this email with the subject “Content Partnership”:

Hey there Mark,

My name is Sladen West and I wanted to discuss the possibility of some sort of content partnership with you and windypundit.com. I do a lot of writing in the automotive space and thought my articles could be a great fit for your readers. I don’t expect any kind of payment for articles. I just want to get my name out there. Anything I write for windypundit.com will be original of course.

If you’d like, you can take a look at some articles I have just recently published here:

Why Women Are Probably Better Drivers
Gas Saving Myths Debunked

7 Tips To Ignore If You Want To Be A Better Driver

If you’re interested, I would love to contribute something like an article a month on topics such as driving safety, car maintenance, and various drivers tips and advice. Thanks so much for your time, Mark!

- Sladen West

My response:

Hi Sladen,

First of all, the second link is broken, or rather, it goes to the same place as the first. Actually, it looks like the two lines are combined into a single link.

Second, do you really think your articles would be a great fit for my readers? Because I don’t think you’ve actually read my blog.

I don’t really write much about cars. I mostly do rants about civil liberties and criminal law, usually from a libertarian perspective, which means that I want to legalize not only marijuana and gay marriage, but also prostitution and heroin. I also swear a lot, and I once wrote that Sheriff Joe Arpaio is like Hitler.

As for my readers, at least one of them is a former prostitute and madam, and several of them earn their living by defending accused murderers and child molesters. (And God only knows what drugs my readers use.) It’s not that they’d be against defensive driving…but that’s not really why they’re here.

Yours is one of the nicest and least slimy can-I-write-for-your-blog emails I have received, but I don’t think your topics are really a good fit here, and I don’t think you really want to be associated with the likes of us either.

It would probably be best for both of us if I just said “No, thank you.”

– Mark Draughn

For some reason, I just didn’t feel like ignoring this one. I hope that is sufficient explanation.

Nuclear Terrorism Espionage

In the early days of the Usenet distributed bulletin board system, some of us used to include random  collections of suspicious-sounding keywords in everything we posted (usually in the signature block). We did this because we were paranoid enough to assume government agencies were watching everyone’s posts, and we thought it would be funny to sneak tons of spurious messages through their keyword filters.

Eventually, I gave up. Not because I thought they weren’t watching — an FBI agent had already told me they were — but because it seemed kind of pointless in the modern internet. Government agencies were less likely to spy on private email messages or social networking clusters.

But I could be very wrong about that, as revealed in a jaw-dropping Washinton Post story by  Barton Gellman, Laura Poitras, Julie Tate, and Robert O’Harrow Jr. It turns out the government is spying on our internet traffic rather a lot.

The National Security Agency and the FBI are tapping directly into the central servers of nine leading U.S. Internet companies, extracting audio and video chats, photographs, e-mails, documents, and connection logs that enable analysts to track one target or trace a whole network of associates, according to a top-secret document obtained by The Washington Post.

The program, code-named PRISM, has not been made public until now. It may be the first of its kind.

My condolences to the NSA. For an intelligence agency, it really sucks to have your sources and methods exposed, let alone splashed all over the news.

How did this program come about?

Between 2004 and 2007, Bush administration lawyers persuaded federal FISA judges to issue surveillance orders in a fundamentally new form. Until then the government had to show probable cause that a particular “target” and “facility” were both connected to terrorism or espionage.

In four new orders, which remain classified, the court defined massive data sets as “facilities” and agreed to occasionally certify that the government had reasonable procedures in place to minimize collection of “U.S. persons” data without a warrant.

Is the program vulnerable in any ways?

Government officials and the document itself made clear that the NSA regarded the identities of its private partners as PRISM’s most sensitive secret, fearing that they would withdraw from the program if exposed. “98 percent of PRISM production is based on Yahoo, Google and Microsoft; we need to make sure we don’t harm these sources,” the briefing’s author wrote in his speaker’s notes.

Oh, well then I guess this exposure really sucks.

Analysts who use the system from a Web portal at Fort Meade key in “selectors,” or search terms, that are designed to produce at least 51 percent confidence in a target’s “foreignness.” That is not a very stringent test.

I’ll say.

Training materials obtained by The Post instruct new analysts to submit accidentally collected U.S. content for a quarterly report but add that “it’s nothing to worry about.”

Well, not for the analysts. But the rest of us should probably be worried.

Say, what happens to all that non-foreign data? You know, the stuff of ours that the NSA is not supposed to have?

Sens. Ron Wyden (D-Ore.) and Mark Udall (D-Colo.), who had classified knowledge of the program as members of the Senate Intelligence Committee, were unable to speak of it when they warned in a Dec. 27, 2012, floor debate that the FISA Amendments Act had what both of them called a “back-door search loophole” for the content of innocent Americans who were swept up in a search for someone else.

“As it is written, there is nothing to prohibit the intelligence community from searching through a pile of communications, which may have been incidentally or accidentally been collected without a warrant, to deliberately search for the phone calls or e-mails of specific Americans.”

What sort of data can they get?

There has been “continued exponential growth in tasking to Facebook and Skype,” according to the PRISM slides. With a few clicks and an affirmation that the subject is believed to be engaged in terrorism, espionage or nuclear proliferation, an analyst obtains full access to Facebook’s “extensive search and surveillance capabilities against the variety of online social networking services.”

According to a separate “User’s Guide for PRISM Skype Collection,” that service can be monitored for audio when one end of the call is a conventional telephone and for any combination of “audio, video, chat, and file transfers” when Skype users connect by computer alone. Google’s offerings include Gmail, voice and video chat, Google Drive files, photo libraries, and live surveillance of search terms.

I hope everyone is as outraged as I am.

In conclusion, I would just like to say uranium, FBI, phosgene, isopropyl alcohol, vengeance, knives, Khalid Sheikh Mohammad, ethanol, soman, sovereign citizen, World Trade Center, terrorism, killing, sarin, guns, militia, death, Julian  Assange, pseudoephedrine, Semtex, trinitrotoluene, Don’t Tread On Me, VX, Timothy McVeigh, Golden Gate Bridge, ANFO, Turner Diaries, tabun, marijuana, anthrax, Area 51, cobalt, RDX, plutonium, Treasury  Department, NSA, P2P, arsenic, botulinus toxin, chlorine, ricin, Ramzi Yousef, Pentagon, Posse  Comitatus, heroin, bombs, stinger, IED, C-4, Willis Tower, diisopropylaminoethanol, Empire State  Building, Homeland Security, crack, phosphorus trichloride, Jihad, methylphosphonyl difluoride, Bradley Manning, Al-Qaeda, isopropylamine, claymore, CIA, cyanide, smallpox.

Why Routine DNA Gathering Is a Dangerous Change

When I read that the Supreme Court had decided it’s okay to take DNA swabs from people who are arrested but not yet convicted, I was a bit peeved because it seemed they had chipped away one more bit of our Fourth Amendment rights.

Still, it seemed like a relatively small thing. After all, they already take fingerprints when you’re arrested, and DNA is kind of like a newer, more accurate way of doing what fingerprints do. So while it’s not a good thing, it didn’t seem like a big change from what we’re already doing.

Boy, was I wrong, as PDgirl explains:

Do you see why this is not even remotely the same thing as fingerprinting? The sample wasn’t used to identify him.  It wasn’t even processed until months after his arrest.  He’d already appeared in court and I’m sure the court confirmed that they had the right person when they arraigned him. The sample was entered into the system under the assumption that it was King’s DNA. It wasn’t ever used to verify that the person they arrested really was King…

So, what was the purpose of collecting King’s DNA? It clearly was not for identification purposes. You know what it was for? Generally collecting evidence. Without reason to believe that the evidence they collected was in any way connected to any crime in the unsolved cases database.

Her whole explanation goes into more detail (including info-graphics!) and is definitely worth reading if you are concerned about this issue.

These sorts of rulings have a way of getting out of hand. This year, the Supreme Court ruled it’s okay to take DNA evidence from people just because they happen to be arrested for serious offenses, because this happened in Maryland, where the law only allows it for serious offenses. But maybe next year some court decides that “serious offenses” is not a critical part of the ruling and they allow police to take DNA swabs from people arrested for having expired licenses.

This could also become a rationale for other evidence gathering. After all, if the court allows police to take something as personal as DNA, then surely the court would not object to a gunshot residue swab, hair and fiber samples, and a quick look through everything on your smartphone, right?

It’s not like this hasn’t happened before. Once the camel’s nose is in the tent, the rest of the camel is likely to follow.

In Search of Legal Thrillers

I’m trying to find some good legal thrillers to read, and it’s not as easy as I’d hoped. I’ve mined out most of my favorites: Scott Turow hasn’t published anything lately, Sheldon Siegel ran out of steam with Mike Daley, John LesCroart’s stories have drifted away from the courtroom, and William Lashner seems to have stopped writing his hilarious Victor Carl series.

I’ve tried a couple new new authors who pop up in my Amazon recommendations, but they’ve both been disappointing. The protagonist of one if them is a biglaw partner who is appointed to help an indigent murder defendant and loses his partnership in the process. He teams up with an old friend from law school who has been doing storefront street-level criminal defense for about a decade. This sounds like a good idea to me because I figure the biglaw guy needs someone to teach him the ropes, but at one point the author has the crimlaw veteran tell his biglaw friend that he’s glad he is to have him on the case since he just isn’t a good enough to handle it by himself.

Now I’m not a lawyer, and all I know about criminal defense is what I learned by reading books and blawgs, so I can’t rule out he possibility that a really successful biglaw partner could be better at criminal defense than a ten-year veteran…but I don’t know any criminal defense lawyers who would believe it, let alone say it out loud.

(In the next book, he announces that his new firm only defends innocent clients, has no trouble getting an organized crime figure to testify to a motive for killing the victim, and gets the friendliest prosecutor in the world to run fingerprints for him. I guess it could happen.)

The other author’s first book begins with a decent criminal defense story, but in the second book the protagonist leaves criminal law and joins the D.A.’s office. This is a disaster for the character: As a criminal defense lawyer, his moral outrage at his clients’ crimes was a source of tension — coming up with a clever trick for evading the death penalty for a child murderer is not quite a thrilling legal victory because it was in service of a child murderer — but as a prosecutor, it just makes him seem like a self-righteous ass.

And when the defense lawyer physically assaults someone who threatens his family, it’s an exciting character moment because it’s a crime that could end his career, but when he does it as a prosecutor, with a cop along to back him up, he just comes across as a lawless authoritarian thug. The author gave him nice kids and a Wife With a Serious Illness to make him more sympathetic, but it doesn’t work: About half-way through I started hoping the satanists would kill him.

All this has me thinking about just what I want to see in a good legal thriller:

(1) It has to be about a trial. I’m not interested in some John Grisham nonsense about a lawyer who gets caught up in a conspiracy or a political thriller about a lawyer running for public office. I don’t want to read a story about a lawyer. I want to read a story about a lawyer trying a case.

Technically, the trial doesn’t even have to happen, the case could resolve before it gets to that step, but I want the story to be governed by the logic of how a lawyer takes a case to trial. I’m fascinated by the struggles that result from interplay of lawless criminality, the logic of proving a case, and the rules of the courtroom. I like the way seemingly small changes in the evidence can make or break a case. I like seeing how lawyers think about cases and the difference between what is true and what can be proven.

One of the best examples of this is in Turow’s Presumed Innocent. (Spoiler for something that happens early in the book.) Rusty Sabitch has been accused of murdering a woman he’s having an affair with. There’s a bit of evidence against him, but his lawyer points out something interesting: Sabitch may have been having an affair with the victim, but the prosecution has no proof that the affair ever happened, and thus they can’t provide a motive to the jury. The prosecutor’s accusations are false in fact, but the weakest part of the case is that they can’t prove something which happens to be completely true. I love stuff like that.

(2) The story has to be a mystery. The lawyers may be more concerned with what can be proven than with what really happened, but I want to know. If it’s a murder case, at least part of the story should involve the mystery of who actually committed the murder. No matter what the genre — science fiction, fantasy, legal thriller — I always like stories with an element of mystery.

(3) As a consequence of my first two preferences, the story probably has to be told from the defense point of view. If the protagonist is the prosecutor, it’s hard to have a whodunnit because the prosecutor should know whodunnit: It’s the guy he’s prosecuting, right? Otherwise he’s not really the good guy in the story. (Sometimes the criminal investigation can be told from the prosecutor’s point of view, but that’s really more of a police procedural than a legal thriller.)

(4) Even though there’s a mystery, and a killer to be found, there should still be lots of fascinating legal stuff — tricky points of law, thorny ethical conundrums, and good cross-examinations. I love it when a lawyer takes seemingly devastating testimony and picks it apart in a surprising way, or when he chases after some small details and shows how they are hiding a giant discrepancy. And I love seeing how these twists and turns affect the case.

This means, however, that the state’s case can’t be too good. Some authors like to ramp things up by having the defendant discovered at the scene of the crime, with the victim’s blood all over him, and the murder weapon in his hands, all after threatening to kill the victim in front of witnesses. And he was so high on drugs that he can’t remember how he got there.

That sure sets a challenge for the hero, but it’s a challenge he can really only overcome one way: By finding the real killer. That means all the trial preparation and even the trial itself will take a back seat to the search for the killer. The legal thriller becomes a procedural mystery.

So, any suggestions? Or would any of the lawyers reading this like to try writing one? Go ahead. You know you’re a storyteller at heart. I’ll bet you’d do great.

Addendum: While writing this, I found this post, which included reading recommendations from Steven Molo and (in the comments) Mark Bennett. They tend to be more historic than contemporary, but I’ll have to check them out.

Third Annual Windypundit Coastal Dash – Now Including Connecticut

My upcoming trip to the east coast is now going to include a swing through Connecticut.

My plan is to drive from Chicago to somewhere in Connecticut, work my way down the Jersey shore to Avalon, and then swing back south through Virginia and Kentucky on my way to Chicago. As usual, it would be great to meet up with some of you along the way. So far I’ve managed to visit with Jennifer Abel, Jeff Gamso, and Mirriam Seddiq on these trips, and I would love to meet a few more of you — or see some of you again.

RoadTripMap02

Our plans are only just beginning to firm up, so if you’re interested in meeting and you’ll be in the zone, just let me know and I’ll try to swing by. Don’t worry if you’re not on the route on the map — that’s just a rough guess, and I could easily veer off hundreds of miles in any direction.

Email me for details if you’re interested.

*** REPEAT: Special note to Blonde Justice: It’s not too late. If you’re in this territory, you can help me end my near decade-long obsession with your secret identity by meeting with me. I won’t share your secrets with anyone.

Third Annual Windypundit Coastal Dash

Once again, it’s time for my summer road trip. In just a few weeks, I’ll be driving from Chicago to the Jersey shore, and then on the return trip I’ll probably swing south through Virginia and Kentucky on my way back to Chicago.

As usual, it would be great to meet up with some of you along the way. So far I’ve managed to visit with Jennifer Abel, Jeff Gamso, and Mirriam Seddiq on these trips, and I would love to meet a few more of you — or see some of you again.

2013-Exemplar-Map

Our plans are still pretty loose, but if any of you are in the zone where I’ll be traveling, let me know and we’ll try to swing by. Don’t worry if you’re not on the route on the map — that’s just a rough guess, and I could easily veer off hundreds of miles in any direction

Email me for details if you’re interested.

*** Special note to Blonde Justice: If you’re in my travel zone, I would like to meet with you and bring to an end my near decade-long obsession with your secret identity. If you choose to reveal yourself to me — even if you don’t give me your full identity — I promise I will take your secrets to my grave.

More on the Liberal Argument for Conscription

A couple of weeks ago, I posted about the Unreal Liberal Argument for Conscription, which is basically that the U.S. would be less likely to engage in military adventurism if more people had skin in the game because their children could be drafted. My response was essentially that without the ability to force young men to be soldiers, the government would have to be far more careful about how it picked and fought its wars, an argument I backed up with some rough numbers indicating that we lose far fewer soldiers to war since conscription ended in 1973.

My tweet announcing this post was re-tweeted by Radley Balko (who is probably the most famous person who follows me) which lead to a few interesting responses:

Kevin Wilson tweeted:

There’s also the moral argument that conscription is basically slavery: http://econlog.econlib.org/archives/2011/05/how_could_the_d.html …

XM in Dallas tweeted along the same idea:

Great piece. But am I being obtuse by suggesting that we should keep saying out loud that slavery is wrong?

I think that conscription is slavery too, and I’ve said so before. I didn’t mention it explicitly this time because I didn’t think it was a useful response to David Sirota’s argument for conscription. Sirota’s presumably not an evil person, and if he were amenable to the idea that conscription is slavery, he probably would not have made the argument that he did. The people I wanted to reach, those who are swayed by his argument, probably don’t think “it’s slavery” is a compelling point.

But why don’t they? Why does the link between slavery and conscription — which seems practically self-evident to me and others — not seem sensible to so many other people? Bryan Caplan’s article that Kevin Wilson provided in his tweet offers one plausible explanation:

It’s tempting to dismiss all this as doublethink, but after many years of reflection I think I finally figured out what most people are thinking.  Namely: They implicitly regard slavery not as mere involuntary servitude, but as low-status involuntary servitude.  Since most of us honor, respect, and even adore all our soldiers, conscripts have high status – and therefore can’t be slaves.  From this point of view, saying “conscription is slavery” isn’t righteously standing up for the rights of conscripts; it’s wickedly denying them their high status.

That strikes me as quite likely to explain some people’s reactions, perhaps especially on the right. It explains how people can express admiration for our soldiers while simultaneously arguing that we should take away their freedom.

When it comes to liberal advocates of conscription, however, I think that there’s a different dynamic at work. Consider part of an argument made by my (somewhat less libertarian) co-blogger Ken in the comments:

Markets made up of people can be influenced by more than just monetary costs. The all volunteer force is currently overwhelmingly made up of the poor and otherwise disadvantaged. Our recruitment efforts focus on this.

Parents will gladly pay extra money to send their kids to schools in better neighborhoods. They will also gladly pay extra for the poor of America to fight wars for them. I’m not convinced this added monetary expense will be enough to put a dent in warmongering.

To libertarians like me, there’s a world of moral difference between people stuck in an unhappy life because they are poor and people stuck in an unhappy life because a coercive force is keeping them there. Poor people who choose military service because it’s the best of a poor set of options are exercising a choice, whereas people drafted into the military under threat of imprisonment are the victims of state violence.

I don’t think progressives see it that way. They regard economic pressure and state violence as a continuum of forces that take away liberty. To them, forcing people into the military by conscription is on the same moral plane as allowing economic pressures to force people to take take shitty jobs or be unemployed unless they join the military. Looking at it this way, and taking into account their belief that the volunteer army encourages militarism, they may regard conscription as the lesser of two comparable evils.

The way us libertarians see it, however, is that poor people may choose military service as a possible way out of poverty. Conscription would take that choice away from them, and taking away choices is never good.

(Two quick caveats: People who are poor because they are victims of coercive government policies are a completely different matter. Also, if you don’t want poor people to choose military service, the solution is not to draft middle-class people but to give poor people better choices.)

Ken also questions my argument that the increased public cost of sending soldiers to war will discourage militarism:

Do we really choose our wars more carefully now? It seems we rushed headlong into the Iraq war with almost no legitimate justification. The monetary cost certainly didn’t seem to have had a detrimental impact on the decision to invade. Those costs weren’t even budgeted for at the time.

Even when the bill comes due, at a trillion or two dollars over ten or twenty years, most people can be convinced to foot the monetary bill for what they believe is a just war. Those same people may be more reticent to send their sons and daughters into combat where many will come home with terrible wounds, lost limbs, and emotionally scarred, despite the number of American deaths being lower than in past conflicts.

Will those large numbers of wounded vets be eager to send their children into a future conflict, no matter how well equipped with body armor and the latest in battle rifles?

400,000 American soldiers lost their lives in World War II, yet conscription didn’t stop the “greatest generation” from sending their children to Vietnam.  At least the next generation will have some say in the matter.

I’m not convinced this added monetary expense will be enough to put a dent in warmongering. It certainly didn’t seem to diminish the momentum in our most recent invasion of Iraq.

Even if we don’t explicitly debate the benefit-cost calculations of wars explicitly, we have had extensive debates about the size and structure of our military forces. Our military may be larger than most of the rest of the world combined, but in terms of total soldiers under arms, it’s smaller than it used to be. As the cold war ended, we took the opportunity to stand down about 1/3 of our active duty personnel, and there was a lot of discussion of how this would limit our strategic options. The invasion of Iraq strained the limits of our ability to fight battles abroad. At the risk of invoking Donald Rumsfeld, we can only warmonger with the army we have.

A completely different criticism comes from Jon S, who tweeted,

Who knew that only American deaths count??

Every death counts, of course. But I was responding to the argument that re-instituting conscription would make Americans more likely to oppose rampant militarism because they or their loved ones could be drafted into a war. The death rates of our foreign opponents (or even our allies) wouldn’t figure into that argument, so I didn’t take them into account in mine.

Jon S may have been trolling me, because a little later he tweeted:

Witnessing/participating in horrific violence is cost of war,eg PTSD. If cost spread over whole pop, less likely 2 support it

It’s hard to see how conscription in the U.S. could spread around the cost incurred by people from other countries, so he’s clearly talking only about the affect of witnessing/participating in horrific violence as incurred by U.S. participants, which is what I was doing too, and for the same reason.

(It’s possible I misconstrued his tweet and he was really objecting to my only counting fatalities and excluding other harm. I used war deaths as a proxy for total social cost of historic and current wars because I don’t know where to find reliable estimates for those costs.)

I did give the issue of foreign cost some thought as I was writing my post, especially the part about how giving potential soldiers the option to refuse to serve was forcing the military to spend more money on equipment and training. That effect protects American lives, but foreign solders wouldn’t benefit from it. In fact, the enormous investment in American soldiers makes them more effective at killing the enemy, which could conceivably offset the beneficial effect of saving American lives and fighting fewer and smaller wars. If the volunteer military has saved 90,000 American lives but American soldiers have killed an extra, say, half-million of our enemy, then ending conscription has arguably increased the amount of misery in the world.

For purposes of my last post, however, I decided to count the cost of war only in American deaths because (1) as I said, the deaths of foreigners were not part of the argument I was countering, and (2) it’s a much more complicated question requiring a lot more work.

Nevertheless, it is a fair question, so let me give it a shot. Regarding the first problem, let’s use the basic rules of welfare calculations and assume that everybody counts, and everybody counts equally. Some people may very well think that the lives of American soldiers are worth more than the lives of a bunch of terrorists hiding in caves, but that would be rigging the analysis: If you assume American lives are worth more than anybody else’s, then why bother to do the analysis at all?

The second problem is trickier to solve. For one thing, we don’t have good estimates of how many of the enemy were killed in some of our wars. The estimates of the number of North Korean combat deaths apparently spans a range of many hundreds of thousands, as do the estimates of North Vietnamese dead. The numbers for Iraq and Afghanistan are apparently even murkier, especially since people with political interests have interests in understating or overstating the estimate.

Another problem is that I don’t know how many enemy deaths to attribute to American combat action. Lots of North Koreans were killed by South Koreans. And lots of Iraqis were killed by regional militants rather than American soldiers, so then you have to ask how many of those killings would have taken place if we hadn’t invaded. Some of these answers are knowable, but it would take a lot more historical research than I can do.

Yet another problem is that some of these wars arguably had a net benefit. The UN apparently estimates that Operation Restore Hope in Somalia helped support humanitarian intervention that saved 100,000 lives. After North Vietnamese forces conquered South Vietnam, hundreds of thousands of people were executed, died in concentration camps, or died trying to flee, and the Khmer Rouge killed over a million people in Cambodia. So how many lives did we save by not allowing North Korea to do the same thing to South Korea? How many lives, if any, did we save in Bosnia-Herzegovina or Yugoslavia by preventing some unknowable amount of ethnic cleansing? I have no clue how to account for lives saved by warfare, so I won’t. I’m only going to count the cost.

For the time period I was considering (World War II to the present) it’s not unreasonable to make the simplifying assumption that all our wars were wars of choice. We could have kept our troops at home instead of sending them to places like Korea and Vietnam and El Salvador and Afghanistan and Iraq. That means we can reasonably attribute all American combat deaths from those wars to decisions made as part of our national security policy. The same cannot be said of the deaths of our enemies, who may have been killed as a result of non-American action.

To avoid turning this into a life-long research project, I eventually settled on a simple methodology. I would visit Wikipedia’s page on United States military casualties of war and click through to the Wikipedia page for each war after World War II to look up the number of enemy casualties, choosing low or high estimates conservatively with respect to my hypothesis. I’ll fill in a few other numbers from other sources. (If you have better data handy, let me know.)

Counting only Korea and Vietnam, I get a low-bound estimate of 817,000 enemy dead before the United States ended conscription. (The high estimate is 1,915,000 dead, not including 1.5 million civilian deaths on both sides of the Korean conflict.)

In the post-conscription era, I’ll stick to the high-end estimates and include 20000 dead in the El Savadoran Civil war, 70 in our invasion of Grenada, 60 in the bombing of Libya, 3500 in our invasion of Panama, 29,600 in the first Gulf War, 1000 in Somalia (from Operation Irene, the Blackhawk Down incident), 25,000 in Bosnia-Herzgovina, 11,000 in Yugoslavia, and all 13,000 guerrilla soldiers killed in the Columbian conflict so far. I’ll assume all deaths were the result, directly or indirectly, of American involvement.

Wikipedia says there are no generally accepted numbers for the number of casualties from the War on Terror in Afghanistan and Iraq. For Afghanistan, I’ll us the estimate by Jonathon Steele of the Guardian (no shill for United States militarism) of 50,000 dead. Finally, for Iraq, I’ll use the death toll of 655,000 from the Lancet‘s survey of Iraq War casualties, which includes a large number of people killed by militant attacks against the population. (There was a higher estimate by another organization, but the Lancet‘s work was peer-reviewed.)

That brings the grand total to 818,000 non-U.S. dead, which is coincidentally only a thousand more than than during the conscription era. Since the post conscription period was about 1/3 longer (29 vs. 38 years) it ends up being about 25% less deadly for people outside the U.S.

This is not, of course, a very robust finding, and neither was my previous analysis of American war deaths, even though it found a much higher ratio. I have no idea how to determine significance. I’m pulling numbers from dubious sources and disregarding conflicting estimates. I’m using a proxy measurement for the total social cost, and I’m not controlling for other independent variables — most obviously, the end of the Cold War.

(A better approach to studying the subject would probably not rely on statistics. Instead, we should examine the actual historic decision making behind all conflicts entered into — and all conflicts avoided — during the period before and after the end of conscription. This is well beyond my capabilities, but I suppose historians have studies the process at various times and places.)

That said, I do have a plausible theory — that forcing the government to pay the full market price for military service (rather than allowing it to confiscate the labor, freedom, and lives of American soldiers) forces it to protect soldiers more thoroughly and use them more wisely. The numbers we have available seem to support my theory, and they don’t support the theory that eliminating the draft has caused an increase in militarism.

There’s also the question of whether conscription would really “work” by spreading the cost around. One of the criticisms of conscription during the Vietnam war was the ease with which non-disadvantaged people could get deferments or find other ways to avoid being drafted. What reason is there to believe it would be different this time? Unless you really think progressive forces would have the political power to establish a truly class-neutral conscription system. In which case, why not use that substantial political power to fight militarism directly?

Finally — and the only thing that matters to some of us — an all-volunteer army avoids the moral blight of slavery. Seriously, when has slavery ever been the solution to a progressive social problem? Should we encourage higher wages by randomly forcing hundreds of thousands of Americans to work in factory assembly lines or serve in battalions of migrant farm workers? Could we end the sexual exploitation of women by forcing everyone to sell sex? Maybe we could get better healthcare by forcing a larger percentage of the population to become doctors and nurses? And who would get to make those decisions?

I think the all-volunteer system is an important way to ensure that those who serve in our county’s military have a strong say in their conditions and terms of service. And I think that in turn will discourage the use of our military forces for dubious adventurism. Which is, I think, something we should all want.

Coastal Dash 2012 Travelogue – Part 4

This is the fourth and final installment of photos from last summer’s trip to the coast. (You can also see Part 1, Part 2, and Part 3.)

When I visited with my family in eastern Kentucky, we drove up to Breaks Park, which is located in the mountains along the Kentucky/Virginia border. I got a few pictures on that trip.

To start with, we’re in the mountains, so constructing anything larger than an outhouse means hauling away some part of a hillside to make a flat spot. It wasn’t unusual to see equipment like this articulated dump truck, designed for hauling heavy loads over uneven terrain.

John Deere Series II D400E articulated dump truck
Articulated Dump Truck

I don’t know what these are, but I just liked the picture.

Some Kind of Silo Maybe
Some Kind of Silo Maybe

Once we got into Breaks Park, I began trying to take pictures of the woods. It loses something in the translation to 2-D, though.

Woods at Breaks Interstate Park along the Kentucky/Virginia border
Woods

We ate at the Lodge, where I got some nice shots of my Uncle Hagan.

Lodge at Breaks Interstate Park along the Kentucky/Virginia border
Lodge
My Uncle Hagan
My Uncle Hagan
View from the lodge porch at Breaks Interstate Park along the Kentucky/Virginia border
View From the Lodge Porch

Then it was back to wandering the park. The most interesting shots were at an overlook into a deep valley.

Path to a scenic overlook at Breaks Interstate Park along the Kentucky/Virginia border
Path to Overlook
View of a nearby worksite from a scenic overlook at Breaks Interstate Park along the Kentucky/Virginia border
View of Worksite From Overlook
View from a scenic overlook at Breaks Interstate Park along the Kentucky/Virginia border
Scenic Overlook

I was able to find the location of this next shot on Google Maps. If you rotate the view around, you can see the platform I stood on to get some of these pictures.

View from a scenic overlookat Breaks Interstate Park along the Kentucky/Virginia border
Scenic Overlook

And here’s a rail bridge we passed on the way back.

Rail Bridge
Rail Bridge

Beezle Growing Up

I’ve already posted photos of Beezle as a kitten here and here (and even some video here), but he’s grown up since I took those. I was busy starting a new job, so I didn’t have as much time to get cat pictures as I hoped, but here are a few I took during the first few months, often with my phone, because I was more likely to have that with me than my camera.

Our Ragdoll kitten Beezle lounging on my work desk.
Beezle on My Work Desk
Our Ragdoll kitten Beezle staring at me while I work.
Beezle Watching Me Work

You’ll notice that a lot of these were taken at my desk. I spend a lot of time there, working on my computer, and Beezle likes to come up and demand a little attention.

Our Ragdoll kitten Beezle wanting some attention while I work
Beezle Wanting Some Attention
Our Ragdoll kitten Beezle
Beezle Lounging on My Work Desk

This was one of our favorites. I sent it to my wife with the caption “Kitten Malfunction”:

Our Ragdoll kitten Beezle twisted into a strange shape on my desk.
Kiten Malfunction
Our Ragdoll kitten Beezle caught posing at the base of the reclining chair.
Beezle Caught Posing
Our Ragdoll kitten Beezle resting on a cat pillow
Beezle On a Cat Pillow

I’ll have a few more to post in later weeks.

Coastal Dash 2012 Travelogue – Part 3

I’m finally getting around to posting pictures of my roadtrip from last summer. (Here are Part 1 and Part 2)

On the way from New Jersey to Kentucky I stopped in the D.C. area to meet some friends I used to work with, and then the next day my wife and I met up with Feral Genius Jennifer Abel, who’d just recently moved there.

Then we headed south to Front Royal, Virginia, which anchors the northern end of the most famous scenic route through Shenandoah National Park: Skyline Drive.

View of Front Royal, Virginia, as seen from Skyline Drive in Shenandoah National Park
Front Royal, Virginia, from Skyline Drive

I took 129 photos, so there should be plenty of good stuff. Let’s see…hazy view of rolling hills, hazy view of rolling hills, hazy view of rolling hills, winding road, hazy view of rolling hills, hazy view of rolling hills, interesting tree, hazy view of valley, hazy view of rolling hills…

Skyline Drive in Shenandoah National Park
Skyline Drive
Skyline Drive in Shenandoah National Park
Skyline Drive
Hazy View of Rolling Hills as seen from Skyline Drive in Shenandoah National Park
Hazy View of Rolling Hills
Hazy View of Rolling Hills as seen from Skyline Drive in Shenandoah National Park
Hazy View of Rolling Hills
Interesting Tree along Skyline Drive in Shenandoah National Park
Interesting Tree
Skyline Drive in Shenandoah National Park
Winding Road
Hazy View of Valley as seen from Skyline Drive in Shenandoah National Park
Hazy View of Valley
Hazy View of Valley as seen from Skyline Drive in Shenandoah National Park
Hazy View of Valley

Actually, some of that haze wasn’t just your run-of-the-mill haze. When we entered the park, the ranger informed us that there was a small wildfire in one section. Protip: You get better landscape photos if you take them when the landscape isn’t on fire.

Wildfire in Shenandoah National Park as seen from Skyline Drive
Wildfire

Coastal Dash 2012 Travelogue – Part 2

I’m finally getting around to posting pictures of my roadtrip from last summer. (Part 1 is here.)

When I went to Avalon in 2011, I was pretty disappointed in the pictures I took. I saw a lot of interesting spots filled with local color that seems a bit exotic to a Midwestern city boy like me. But I was in vacation mode and couldn’t quite bring myself go out of my way to take pictures of any of it, so I just took snapshots of whatever places I happened to be. I kept telling myself that I’d take more pictures next time.

Well, this time was next time, and I did pretty much the same thing. Still, here are a few pictures, starting with this shot of the shore at Avalon:

View of the beach at Avalon, NJ
Beach at Avalon

Just a few miles down the shore in Stone Harbor is Villa Maria By-the-Sea, a retreat for the teaching nuns of the Sisters of the Immaculate Heart order.

Villa Maria by the Sea at Stone Harbor, NJ, a retreat for nuns of the Sisters of the Immaculate Heart
Villa Maria by the Sea

The town of Avalon is the northernmost incorporated area of a series of barrier islands. I got a few pictures while I was driving across the lagoon between the islands and the shore.

The lagoon between the mainland and the barrier islands at the southeastern tip of New Jersey.
Lagoon at the Jersey Shore
The lagoon between the mainland and the barrier islands at the southeastern tip of New Jersey.
Lagoon at the Jersey Shore
Road leading between the The Roads between the barrier islands at the southeastern tip of New Jersey.
Road at the Jersey Shore

Finally, down at the southern end is Cape May Harbor, where I had lunch at Schooner bar at the Lobster House on one of the small islands. Here’s a picture of the dock area.

Cape May Harbor in Cape May, New Jersey, as seen from the Schooner Bar at the Lobster House
Cape May Harbor

That’s it. So maybe I’ll try to get better pictures next time.

Update: Part 3 is up.

Coastal Dash 2012 Travelogue – Part 1

I’m getting ready to start planning my next summer road trip, but I realized I never got around to posting anything about last summer’s road trip.

The trip started the same as any trip from Chicago must start: Stuck in traffic. I left home around 6pm on Friday, so I caught the tail end of the rush hour as I drove through downtown Chicago to get to Indiana. It was pretty rough going into town, but it got better on the way out.

After crossing the border into Indiana, as is my tradition, I filled up on that cheap non-Illinois, non-Cook-County, non-Chicago gas at the Gas-a-roo.

Valero Gas-a-Roo in Hammond, Indiana
Gas-a-Roo

My first real stop for the evening was meeting my friends George and Rich for dinner at Wagner’s ribs in Porter, Indiana. Wagner’s does really good Chicago-style ribs. I prefer to ask for them “Tim’s Style,” which isn’t on the menu any more but they’ll still make up a batch that way if you ask. I no longer remember what it means, but they’re damned good going down.

Wagner's Ribs in Porter, Indiana
Wagner's Ribs

After dinner, I drove east to the Indiana-Ohio border. My plan was to stay the night just over the border in Montpelier, Ohio, a town I had picked off the map because it seemed like the right distance.

My wife travels a lot on business, so she has certain standards for a hotel, but when I’m traveling by myself I really don’t care about the amenities, especially when I’m driving, because the only time I’m in my hotel room is when I’m asleep. So I picked the cheapest hotel that had internet, which turned out to be a mom-and-pop motel called the Plaza Motel, which was actually a little down the road in Bryan.

Plaza Motel in Bryan, Ohio
Plaza Motel

I had told them I’d be a little late, and they promised they’d stay up for me, but I screwed up. I left the restaurant later than I planned to, then I got lost and went a few miles out of my way, so I was running a little late. Or so I thought. I had foolishly forgotten that in driving from Chicago to Ohio I would cross into a new timezone, so I arrived almost an hour and a half later than I’d told them.

Plaza Motel in Bryan, Ohio
Plaza Motel Parking Lot

The office was dark and shut down, so I was mentally preparing to decide whether to sleep in my car or look for another hotel. That latter was looking like it might be difficult since my iPhone had locked up and gone dark about 5 minutes before I got there. However, when I approached the office I discovered that someone was still waiting up for me, and she checked me in without yelling at me, which I thought was very nice of her.

My room was in what looked like a brand-new second building (or at least it was built more recently than the main building). When I got settled in, I tried to hop on the internet, but the wi-fi asked for a password, and I wasn’t about to bother the poor woman in the office again after making her stay up for me. I eventually figured out how to get my iPhone working again and tried to get on the internet, but it only had Edge service, which might have worked but I lacked the patience to try. I went to sleep.

Plaza Motel in Bryan, Ohio
Plaza Motel Second Building

The next day I woke up, got some breakfast, and took a long and uneventful drive across Ohio and most of Pennsylvania, following I-80 all the way. As evening approached, I estimated that I would be stopping near Scranton, and I asked my wife to find a hotel for me. She picked out a place called the Pocono Inne Town, which had a decent rate and sounded like a nice place to rest up after a long drive.

Pocono Inne Town in Stroudsburg, Pennsylvania
Pocono Inne Town

As it turns out, Stroudsburg is a bit of a college town, and the Pocono Inne Town was the party hotel located right in the middle of downtown Stroudsburg. I could hear a ruckus from the hotel bar while I was checking in, but my room on the fourth floor was quiet enough, although not really up to the standards of the Plaza Motel I had stayed in the night before.

Lobby of Pocono Inne Town in Stroudsburg, Pennsylvania
Lobby of Pocono Inne Town

It was a very old building with some odd features. For example, I travel with a lot of gear which I didn’t want to leave in the car, so after getting my key I loaded up a luggage cart in the lobby and took the elevator up to my floor and followed the directions to my room, only to discover that I couldn’t take the cart all the way because there were some stairs in the middle of the hallway.

Random stair to frustrate luggage carts in Pocono Inne Town in Stroudsburg, Pennsylvania
Random Stairs Pocono Inne Town

The next morning I hit the road on the final leg of my outbound trip. The drive through the mountains of eastern Pennsylvania is very beautiful, but it’s hard to find places to pull over to take a picture. But knowing I’d be posting a travelogue, I decided I’d better stop at at least one “scenic overlook” to get a few pictures. This one was pretty decent:

Scenic Overlook in Eastern Pennsylvania
Scenic Overlook in Eastern Pennsylvania

And here’s a panoramic view:

Panorama of Scenic Overlook in Eastern Pennsylvania
Panorama of Scenic Overlook in Eastern Pennsylvania

(My gallery plugin doesn’t present that very well, so you might just want to look directly at the image in your browser here.)

I made it through the hills and tunnels into north Jersey in time for a late lunch at someplace called the Six Brothers Diner, which had some pretty decent food.

Six Brothers Diner
Six Brothers Diner

After that, it was one long trip down the Garden State Parkway to Avalon on the Jersey Shore, where I met up with my wife (she had come out earlier with friends). We had dinner that evening at the Princeton on Ocean drive. Here’s a shot I took looking out at the street.

Princeto Grill Bar in Avalon
Princeto Grill Bar in Avalon

More to come…

Update: I almost forgot. On my trip out east I stopped in to meet Jeff Gamso and his wife. Here’s a picture of Jeff with his puppydog, looking not too much like a badass capital defense lawyer.

Jeff Gamso
Jeff Gamso

Update: Part 2 is up.

Illicit Transfer of Cookery

Who didn’t see this coming?

America has already started detaining and arresting people for the obviously suspicious act of moving a pressure cooker from one location to another.

I feel safer already.

I suppose the real question is when will we finally come to our senses and outlaw doing science in pressure cookers?

A Few Reasons for Opposing Background Checks For Gun Purchases

I see lots of political and policy commentary go by on Facebook, and I’d like to respond to some of it, but Facebook is a very annoying place for that kind of give-and-take. People don’t write articles or blog posts on Facebook, they post images with text in them, and the only response you can provide is a brief comment. It’s not as bad as Twitter, but it’s not a great format for they way I write — Windypundit has turned out to be more than just a reference to my hometown.

For example, I saw this the other day:

BackgroundCheckSecondAmendment

Then why don’t we have waiting lists for any of the other rights mentioned in the Bill of Rights? Freedom of speech, freedom of religion, freedom of the press, the right to remain silent, the right to counsel…hell, that last one, if you can’t afford a lawyer, the government pays for one for you.

In an earlier era, some states required literacy or citizenship tests in order for people to vote, supposedly to ensure that voters had some minimal level of intelligence and were able to understand the issues. In reality, this was a way to stop African Americans from voting, sometimes by blatantly requiring them to take more difficult tests. And today, whenever some Republican proposes stricter voter registration–requiring say, bringing ID to a voter registration office–progressives point out that this will tend to suppress the vote of poor people, mostly minorities, who don’t have the easy ability to take time off from work, or don’t have a car to drive 30 miles to the registration office.

Gun owners have similar concerns about background checks — that they will create an excessive burden on gun owners, or that government officials will abuse them to deny gun transfers arbitrarily. For example, when gun control advocates were pushing the Brady Bill to require waiting periods and background checks, opponents pointed out a curious thing about the bill: It required gun stores to get a background check on potential buyers before selling them a gun, but it did not require any government agency to perform a background check and produce a result in a timely manner. Governments could have denied otherwise lawful purchases by simply not fulfilling background check requests.

(Think that’s paranoid? It doesn’t seem that way from here in Chicago. A few decades ago, the city passed a law requiring handgun registration, and then shortly thereafter the city stopped accepting new handgun registrations, effectively banning residents from acquiring handguns.)

And speaking of the Brady Bill…it’s now the Brady Handgun Violence Prevention Act. It passed. It’s the law of the land. All federally licensed gun dealers are required to conduct background checks on buyers through NICS. So don’t think that just because the “background checks” bill didn’t pass that there are no background checks.

You may not find any of these arguments convincing, but you wouldn’t have to be crazy, insane, or an NRA lobbyist to believe there’s something to them.

The Unreal Liberal Argument for Conscription

I’ll always have a warm spot in my heart for the liberal/progressive mindset because I grew up in the immediate aftermath of the 1960′s. The era brought lots of changes for the better — the free speech movement, the expansion of civil rights, Miranda and Gideon — but the one that most vividly affected me at the time was the abolition of the draft. I was only 8 years old — too young to have any understanding of war or dying — but just the idea that I could be forced to leave my friends and family to spend years in the army was frightening enough.

Conscription ended in 1973, but the government required young men to continue registering for the draft until the selective service system was shut down in 1976. That period of respect for freedom lasted all of four years, until the Soviets invaded Afghanistan in 1980, and President Carter re-instituted selective service registration to show the Soviets that we were really seriously angry at them. (The fact that the Soviets have since been driven out of Afghanistan and we invaded it ourselves a few years ago would seem to imply that selective service registration is no longer necessary, but nobody listens to me.)

Since then, the United States has become the single preeminent superpower in the world. No other nation comes close. We basically won the war for global domination. And yet there are still those calling for a return to conscription.

Surprisingly to me, these calls come not from war-mongers on the political right, but from the ideological descendants of the same political liberals who so effectively opposed conscription in the ’60′s and ’70′s. I just noticed an example of this from David Sirota at In These Times in an article titled “The Military’s 40-Year Experiment”:

In operations across the globe, the all-volunteer military has been employed by policymakers to birth what Gen. George Casey recently called the “era of persistent conflict.” Four decades later, we therefore have an obligation to ask: How much of the public’s complicity in that epochal shift is a result of the end of the draft?

This is the beginning of a common bring-back-the-draft argument: That the reason we live in a time of seemingly continuous war is that not enough Americans care enough to oppose it, and they don’t oppose it because they know that it would mostly be fought by other people’s children. Bringing back the draft would mean no one was safe from the consequences of war, which would make us think more carefully as a nation before going to war.

(The idea of making things worse to raise public opposition to make them better is not unusual among those seeking social change. The movie Amistad portrays some abolitionists as wanting the Africans to lose in court because it would help build support for abolition, terrorists often hope to incite reprisals from their targets that will serve to send more people into their arms, and both white and black racial separatists in America have tried to foment racial war, each thinking it would rally their race to their side.)

Sirota supports his argument by looking back to the Nixon administration’s thinking about how to end the draft:

[A] look back at some lost history shows that today’s public acquiescence to militarism was exactly what the government wanted when it ended the draft.

That loaded term—“militarism”—was, in fact, a prominent part of the 1970 report by President Nixon’s Commission on an All-Volunteer Force. In its findings, the panel worried about “a cycle of anti-militarism” in a nation then questioning America’s increasingly martial posture.

Noting that “the draft is a major source of antagonism” toward the growing military-industrial complex, the report praised the fact that “an all-volunteer force offers an obvious opportunity to curb the growth of anti-militaristic sentiment.”

Nixon’s commission did devote some empty rhetoric to downplaying “the fear of increased military aggressiveness or reduced civilian concern” about military actions in the event of an all-volunteer force. But the report’s political conclusions were clear: By disconnecting most Americans from the blood-and-guts consequences of war, the end of the draft would “decrease dissent stemming from conscription” and “close one of the channels” of anti-war organizing.

It’s fascinating that people in the Nixon administration thought this, but both theory and history demonstrate that they (and David Sirota) were missing a big part of the picture. Sirota is also proceeding from a false assumption about our history of warfare.

Today, such conclusions read like prophecy. Though polls showed that many Americans opposed the Iraq War, that invasion and occupation was historically unprecedented in length and yet never generated the kind of mass protest that earlier shorter wars evoked.

So Sirota’s evidence of how bloodthirsty we are is that the Iraq War was “unprecedented in length”? This is disingenuous. As I write this, the Iraq war is only a little longer than the Vietnam War (and maybe shorter, depending on when you want to say Vietnam started) and the U.S. death toll is just under 4500. By comparison, the U.S. death toll in Vietnam was more than that in every year from 1966 to 1970. In 1968 alone, almost 17000 American soldiers lost their lives.

Same thing for the Afghanistan War. Same thing for all the forward deployments to far-flung bases and one-off missions.

David Sirota is writing as if we’re living through a time that suffers unprecedented levels of war, but he’s mistaken in that premise. The last dozen years are more violent than the dozen years that preceded them, but we’re still living in a time of relative peace, and the wars we’re fighting are producing relatively few American casualties.

Let’s consider the numbers: The gigantic death toll of World War II would skew the numbers in a way that’s hard to think about, so for the sake of argument let’s set aside those 400,000 dead soldiers and consider the period from the end of World War II to the end of conscription in 1973. In that 29-year period, we had the Korean War, the Vietnam War, and a number of small deployments that lead to the combat deaths of almost 95,000 American soldiers, for an average of a little over 3200 deaths per year.

After conscription ended in 1973, no American solders died in war for the next 6 years. Things got only a little more violent over the next two decades, with about 400 more combat deaths in the ’80′s (mostly Beirut) and the ’90′s (mostly the first Gulf War). Even with the explosion of violence from the War on Terror (6700 U.S. soldiers dead and still counting) the average annual combat death rate for the post-conscription era is only about 200 per year, or 1/16th the rate during conscription.

Even if we accept Sirota’s implied hypothesis that the War on Terror since the 2003 invasion of Iraq represents the new normal, that’s an average death rate of about 670 per year, or about 20% of the rate during conscription. In the worst year of the War on Terror, 2007, we had 1021 combat deaths, still less than one third of the average during conscription. (By comparison, drivers on Illinois highways have become familiar with electronic signs proclaiming that 957 people died in traffic accidents in this state in 2012.)

Yet Sirota is clearly right about Americans being less engaged with the war:

The pattern suggests that in the absence of conscription, dissent—if it exists at all—becomes a low-grade affair (an email, a petition, etc.) but not the kind of serious movement required to compel military policy changes. Why? Because as former Defense Secretary Robert Gates put it, without a draft “wars remain an abstraction—a distant and unpleasant series of news items that does not affect (most people) personally.”

And yet despite this apparent apathy, the statistics show that war casualties are far lower in the post-conscription era. That doesn’t keep Sirota from reaching an idiotic conclusion:

Well-meaning people can certainly disagree about whether a modern-day draft is a good idea or not (and it may not be). But forty years into the all-volunteer experiment, it is clear that ending conscription was as much about giving citizens the liberty to abstain from as about quashing popular opposition to martial decisions. By design, it weakened our democratic connection to the armed forces—a connection that is the only proven safeguard against unbridled militarism.

Ending conscription may have “weakened our democratic connection to the armed forces” as Sirota believes, but judging by the stunning decline in the death toll, there must be something that caused the U.S. to become far less militant.

An economist wouldn’t have a hard time identifying a likely cause. (And conservative economist Milton Friedman was one of the key figures arguing for an all-volunteer military force.) Fewer Americans may have a personal connection to the costs of warfare now that they and their friends and family can’t be drafted, but ending conscription vastly increased the influence of those Americans who care the most about the human cost of our wars: The soldiers themselves.

In market terms, under conscription the price of a soldier’s labor was held artificially low because draftees had no right to refuse the deal and therefore they had no bargaining power. But since the end of conscription, no solder has joined the military against their will. Every single soldier must consent to the risks of combat. And that consent now comes at a much higher price.

A big part of that price has been paid not in salary and benefits but in a reduction in the rate at which soldiers are sacrificed to combat. Just as corporations facing high labor costs will switch to more capital-intensive operations, the increased bargaining power of American solders has forced the U.S. military to invest heavily in equipment and training to make soldiers more effective with less risk.

An all volunteer army isn’t going to put up with shoddy equipment and poor support. They want reliable guns, working radios, GPS guidance, body armor that can stop an enemy bullet, vehicles that can take a rocket hit or an IED, good battlefield intelligence, air support, decent food, medical care, and internet service. There’s a reason it costs over $800,000 per year to put a soldier in Afghanistan, and it isn’t the soldier’s pay.

Note that all this doesn’t mean that the end of conscription increased the cost of warfare. The difference is that under conscription the cost of warfare was unfairly borne by the soldiers, whose labor, safety, and lives were confiscated for the public good. Now that those soldiers’ services have to be purchased at market rates, the cost is more properly borne by the American people on whose behalf they are fighting.

I suppose you could argue that it’s unfair to compare the present low-intensity wars against the major land conflicts in Korea and Vietnam, but I think that just proves my point: The folks who choose our wars are a lot more careful when when they have to pay the full market price for warfighters.

I’m not arguing that the War on Terror is insignificant, but it is a huge improvement on the horrors of the past. And keep in mind that having wars which are “an abstraction—a distant and unpleasant series of news items that does not affect (most people) personally” is a good thing. The alternative is a much higher human cost.

Join the Mobile Infantry and save the world. Service guarantees citizenship!

Chris Hallquist intrigued me with a recent post about the number of crazy people who think an armed revolution will be needed in the US in the next few years. I’ll ignore the horrible infographic he used at the start of the post for now since I’m currently more interested in his attitude toward such an armed rebellion against the government.

Chris suggests that these people (supposedly 29 percent of Americans) would be too busy getting ready to avoid or run from such a rebellion if they really believed it was coming soon. And I see his point. There are, after all, currently more than a million refugees fleeing Syria’s rebellion.

I’m certainly not in that 29 percent who thinks we will need (or be in) an armed rebellion any time soon (or, indeed, in my lifetime), but I would be one who would take up arms if needed rather than try to hide from the rebellion. Maybe that’s just my age talking. Rebellions tend to involve the young and the old. Those in the middle often have too much to lose.

Hmm, I guess that makes me quite selfish. I’d be pushing the rebellion along, dragging the young with me, who don’t realize the value of their own lives, while putting everyone else who doesn’t want to be involved in mortal danger. All for my high-minded ideals.

And if we win, the surviving young would build statues to assholes like me.

Yeah, that sounds nice. Just be sure to get my beard right.

Seriously, though, that’s my point. I’ve always supported the Second Amendment on the principle that, someday, citizens may need it to defend themselves from the government. I don’t own a gun, nor do I want to own a gun. In case you didn’t know, those things are dangerous!

Still, if the situation arose where I thought we needed to rebel against our government, that danger is a useful trait.

Yet in every rebellion I’ve ever studied, the vast majority of the population just wants to get away, or simply survive. It’s a small minority of the people actually fighting on either side of such a conflict. Most are just like Chris Hallquist, simply looking for a way to lay low until the conflict blows over one way or another.

Studying the American Revolution has made me realize how few people carried the population along towards war and how they used questionable morality and ethics to do so. Nelson Mandela, on the other hand, turned away from violent rebellion and successfully overthrew a well established and armed government using peaceful methods.

Is defending the Second Amendment just the selfish act of a minority of old assholes like me with grand notions of a just armed rebellion? Have I now lost so much of my libertarian ideals that I can’t even muster the strength to defend the Second Amendment anymore?

Come on. The readers on this site should be able to reason some sense back into me. Give it a shot. Or maybe I just need to dig out some of the Heinlein books I read too often as a kid. I just have to avoid picking up that copy of Forever War from the same box.

George Bush is History’s Greatest Monster

George Bush is History’s Greatest Monster. No, not W — he’s another matter — I’m talking about his father.

I just finished using an auger to unclog a toilet for what must be the 200th time since we had to replace our old, reliable toilet with one of the low-flow models. We used to have good, working toilets in this country. Reliable toilets. Toilets that we could count on to flush the dump we took after a whole day of eating Mexican food, including the half-roll of toilet paper it took to wipe ourselves down. Now all we have are inadequate rage-inducing pieces of junk that can barely flush away a few pieces of tissue paper.

All thanks to the Energy Policy Act of 1992, signed by so-called small-government Republican President George Herbert Walker Bush.

Yeah. Fuck that guy.

Why Don’t Authors’ Websites List Their Books in the Right Order?

Monday night I finished reading Linda Nagata’s far-future epic series The Bohr Maker, Deception Well and Vast back-to-back-to-back, and I wanted to take a break from amazing stories of super-science and find something a little more down to earth, so I looked at my Kindle’s recommendations and something about Mark Gimenez’s Accused caught my eye. Yeah, a new courtroom drama sounded about right.

But the description says it’s a sequel, so I figured I’d try to find the first one in the series. Amazon is useless for that kind of thing, so I Googled up Gimenez’s website and found this:

Mark Gimenez Website 2013-04

Well, that’s pretty useless to me. The site does not list the books by series or even in order of publication. So if I want to start reading Gimenez’s work, I have to figure out the publication dates myself. Amazon lists publication dates, but I’d have to look up every book individually. Even worse, the publication dates on Amazon seem to be the date the book was first sold on Amazon, which may not have anything to do with the order they were originally published.

Fortunately, I’ve learned that one of the best sources of this kind of information is the author’s bio page on Wikipedia. Gimenez’s page doesn’t break them down by series, but at least it gives a publication order:

  • The Color of Law (2005)
  • The Abduction (2007)
  • The Perk (2008)
  • The Common Lawyer (2009)
  • Accused (2010)

Minutes later, I had downloaded and started reading The Color of Law.

But it bothered me. Mark Gimenez wasn’t the first time I’d run across an author whose website didn’t give me useful information about their books. I’d seen it a lot, and I wanted to know why.

I decided to check out what science fiction author Charles Stross did on his website. His blog is one of my regular reads — as are his books — and it’s clear he spends a lot of time thinking about how the publishing industry works. I figured he’d have a pretty good list of books, but no, it’s almost as screwed up as the rest of them.

Stross’s US books page breaks out his two major series, Merchant Princes and Laundry Files, but otherwise all the books are listed in reverse chronological order, with the most recent first. I figured that might make some marketing sense because the casual visitor probably just wants to see if he has anything recent, but it’s a crazy thing to do in a series, especially one like Merchant Princes, which tells a single coherent story. Once you know how Trade of Queens ends, you won’t want to read the five books that came before it.

Because Stross seems to like explaining things like this, I decided to ask him directly why authors’ websites don’t list the series in any meaningful order of publication. He very kindly took the time to respond:

The primary reason is that most readers don’t want to wade through a lengthy list of stuff they’ve already read or which was published years ago: they want to see the new stuff first!

Also, if you’re maintaining a log of books, it’s easiest to add new content at the top.

Also, publication order may not reflect the order in which books were written. Or the order in which series are intended to be read.

But, in a nutshell: the place for an order-of-publication list is a bibliography or FAQ. The place for a reverse-order list with most-recent-first is a promo page telling people BUY MY BOOKS!!!1!!ELEVENTY!!!PLEASE.

(Stross is something of an ubergeek.)

So I guess that’s the explanation. Most of the people checking out an author’s website for books aren’t like me. They don’t obsessively want to read his books from the beginning. They just want to know what’s new.

I assume that people like me who want a specific reading list will just keep looking until we find it. For what it’s worth, I’ve found that if I want to know how to read a particular subset of a particular author’s books in a particular order, the first (and often only) source to check is Wikipedia.