Sunday, February 3, 2013

Use Case Approach to Gun Control



The gun control debate seems to be getting more demagogic and polarized every time it comes up in Washington.  But it seems to me that if you are willing to consider the use cases that are thrown around as justification for extreme views, we can actually come up with a good set of regs that balance our Constitutional rights and cultural history in support of gun ownership and freedom with the practical realities that crazy people are going into crowded places, including schools full of 5 and 6 year-olds, and shooting people.

Use Case 1: Shooting as a sport that requires the use of semi-automatic weapons with large clips. 

I am not sure this exists, but let’s assume for a minute that there are some sports that require some combination of these.  If it is really for sport, then the shooting would be done at a facility of some kind.  An effective regulation would require competitors to keep their guns at the facility.  This is where you need it, for competitions and most of the time for practice.  The guns would be safer there.  Your little kids can’t find it in the closet, play with it, and accidentally shoot themselves or their friends.  Your suicidal teenager can’t use it to hurt him/herself.  A burglar can’t steal it and use it to commit a crime.  You can’t get desperate during a period of unemployment and sell it on the black market to make ends meet. 

But of course there are counter-examples where this doesn’t work.  What if you live in rural Montana with 25 acres of land?  Why can’t you practice at the range in your backyard?  OK, so instead of categorically rejecting the idea, let’s work with it.  Let’s take the reg out of federal jurisdiction.  Let a place like New York City, where there are no 25 acre backyards, and let them limit these kinds of weapons to ranges and qualified facilities and let a county in rural Montana allow them at home.  Different locations have different values, different priorities, and different circumstances.  This seems better than a federal law either preventing NYC from passing a limit or forcing Montana to have one.


Use Case 2: Self-defense at home.

OK, but what about self-defense at home?  The gun needs to be in the same place as the kids, burglars, and desperate provider.  But how often is a home invaded by a team of 10 burglars?  I am no expert here either, but I suspect it is usually just one or two.  So if you start spraying bullets around with a semi-automatic, you are more likely to hit your family, pets, or neighbors than the burglars.  Accuracy with a smaller gun would be much more effective. But, there are people who really want one of these, so let’s at least try to accommodate. 

Another thing we can do it require fingerprint readers on the trigger.  Years ago, this was too expensive and not reliable.  But now, these things are located on just about every computer to replace passwords.  The greatest benefit is that this prevents all of the above risks – your kids, burglars, or other people simply can’t use it.  And if you want to legally sell the gun, you can reset the reader.  If these can be made inexpensive and reliable, there is no practical argument against them – just the extreme view that any requirement is a bad requirement.

But again, let’s consider the counter-examples too.  What if you have a large estate that could be target of a larger burgling team?  What if you own a diamond polishing factory that often has $1 million in inventory?  OK, but in these cases you probably also have paid security, who can be trained at a much higher level and armed accordingly.  And if you want to be armed too, then get trained.  Not for any kind of gun, I realize that there is too much support for allowing anyone to have a basic handgun, trained or not. But for something more substantial the owner should want training.

But of course we have all heard about certification mills in other industries that sell training and certification without really teaching anything.  I have a better suggestion.  Run this kind of training out of your local police station.  They have a personal stake in making sure you are properly trained because these same officers are responding to the burglary you call in.  If you are not well trained, the random automatic weapon spraying is going to hit them. Also, if the police station has an outside revenue source, we can limit the local taxes that go to fund station operations.  It’s a small amount (how many people are really going to want this?), but any bit helps.  Another benefit is that the police get to know who owns these weapons and when they respond to the home invasion call they know who NOT to shoot at.

Use Case 3: Carrying a weapon for self-defense in public

The motivated “bad guy,” whether we are talking about a criminal or psycho, is always going to be able to get hold of a gun if they really want to.  So carrying one yourself in public does have a logic to it.  I am not sure you can fit a semi-automatic and/or large clip weapon in your purse, holster, or pocket, but it still warrants some consideration.  Again, I think accuracy with a smaller handgun is more effective, but we should at least accept the resolve of those who really really want one of these and find a way to accommodate it.  We can require the same training as in Use Case 2 that is limited just to this kind of weapon.  This makes even more sense for Use Case 3 because the last thing we need is untrained spraying of semi-automatic fire in a crowded mall or elementary school. 

The NRA’s arguments against all of these boil down to the idea that the right to bear arms in the 2nd Amendment is unlimited.  But even if you do read it as an individual right, as opposed to a militia, it doesn’t say this explicitly.  There is some interpretation required.  On the other hand, it also is legitimate to read it as allowing the maximum flexibility that we can make workable.  So instead of taking the extreme view on either side, let’s create an environment with the least regulation, the least limitation on gun ownership, but that is also practical, workable, and safe. 

Sunday, January 27, 2013

When does speech become violence???

This editorial in the Washington Post highlights an issues that I believe is a critically important issue, have passionate feelings about, but am also conflicted.  Free Speech.

The article has two primary subjects.  One is the difference between European and US ideas about when racist speech is free and when it is not.  The Europeans are much more likely to make speech a criminal offense when it involves demographic-based hate - justifying this by calling it an incitement to violence (i.e. not just speech).  In the US, we require a lot more evidence of incitement.   We value the basic freedom of speech, no matter how ugly and hateful.  I am proud of this and cringe when I see how often groups jump to criminalize speech that they don't like. 

The other subject is the challenge that international access to user-generated content creates for creating practical and enforceable laws that match these different views (and others) on issues like speech.  If someone in the US writes a tweet/blog/etc that is legal on the US criteria but not in Europe, what happens when someone in Europe reads it and files a grievance?  Or if someone in Europe posts one on a US service?  The hateful speech is stored on a US server, but during the access copies are made on servers in both continents. Does this count?  Do we need some kind of internationally consistent regulation?  I would hate for us to give up our stronger protections.  Do we have some kind of international treaty where we decide together that it is where the author is located that matters? 

When international differences are economic, it's easy to resolve them by splitting the difference.  But when it involves a fundamental value, compromise is harder to do.  It feels wrong, the compromise might still violate your values, and no one is happy. 


Saturday, December 22, 2012

Secretary of State Conspiracy Theory

I have a suspicion about the GOP support for John Kerry as the new Secretary of State.  As soon as Hillary Clinton announced her intention to step down - months and months ago now - they started pushing him as a candidate who would breeze through confirmation because of his exceptional credentials and qualifications.  This is in stark contrast to what they said about him as Presidential candidate in 2004.   It is also in stark contrast to what they said about Susan Rice.

So what is my suspicion?  I think it has nothing to do with Secretary of State.  I think they remember Scott Brown winning a special election for Senator of Massachusetts just a few years ago.  I think they see this as a way to claw back one of the Senate seats they lost in 2012.  Scott Brown would be the favorite to win the seat if he decides to run.  If Kerry doesn't get State, they have to wait several more years and the voting public's memory of Scott Brown could start to fade.  A Democrat would have plenty of time to build up their grassroots and fundraising machine in a largely Democratic state. 

Perhaps part of the reason they were so vehemently against Susan Rice was that they wanted Kerry back in the running for State.  The Senate is really close and one more vote could make a huge difference.  Is that too cynical, even for me?

Thursday, October 11, 2012

Voting for Senator

I think this is a worrisome fact of life in today's national politics.

There is a close race for Senate in your home state.  The Dem and GOP candidate are both moderates and acceptable, but one is a little better.  You want to vote for that one.  But the Senate is likely to split 50/50 nationally.  If that candidate gets in, it not only determines who sits in that seat, it also determines which party runs every committee - Budget, Armed Services, Judiciary, etc.  The committee chairs set priorities and markup Bills.  The balance of power might have more of an impact on the world than the particular Senator who gets elected from your state. 

And yet, the candidates for committee chairs are extremists on both sides. The GOP leaders are all right wing conservatives.  The Dem leaders are all liberal tax and spenders.  So it really doesn't matter which candidate you like better in your home state race.  You feel forced to vote for the candidate in the party whose leaders scare you the least. 

That sucks.

Wednesday, October 3, 2012

Supreme Court docket - Dog sniffing



The title of this one makes it sound like a joke, but it would not have reached the Supreme Court if it weren't important.  It is really about what makes a search by authorities (police, homeland security) reasonable (or unreasonable) according to the 4th Amendment.  

The Founding Fathers were against search without probable cause.  The justification is a great example of our strong belief in the value of liberty.  Without the 4th Amendment, the authorities could harass someone either because they thought they might have done something but really have no clue or just to be annoying to someone they don't like.  The searches could be disruptive to the person's life, embarrassing (the search could discover something not illegal but that the person would rather keep quiet, such as an addiction to lolcats) or uncover something that is illegal but that the authorities didn't know about previously and just got lucky.  

So - on to dog sniffing.  When people search, they can see the embarrassing or illegal items along the way.  But dogs are trained to signal when they smell one specific thing.  Drugs.  Cash.  Produce (at the border being brought in illegally through Customs).  So if the police have the right to search only for drugs, using dogs ensures that they won't identify anything else.  The dog can stop at the door (or not open the suitcase).  So in theory, using a dog eliminates the unreasonableness of a search that would be intrusive if it were done by a person.

So if the police don't have a warrant to search a house for drugs, they can bring a dog that is trained only to signal the presence of drugs to the front door.  If the dog smells drugs, that would be probable cause for a warrant to enter.  If not, nothing else is discovered and there is no harassment or inconvenience to the resident.

So is this a good balancing act for liberty and safety?  The Supreme Court will let us know this term.

Saturday, September 29, 2012

Is a meritocracy the best society?

I always thought it was a nobrainer than a meritocracy was hands down the best kind of society to live in.  People who are the best at things should make it to the top.  People who are lucky enough to be born into a family or group that did well in the past should have to compete equally with everyone who wasn't.  What could be wrong with that?

Well, an intriguing blog post by Patricia Kaszynska as a guest blogger for Matthew Taylor has me thinking again. I still think it is the best model in general, but perhaps it needs a few more tweaks than I ever could have imagined.

Here are the caveats she brings up:

1.  If you are at the top because you are the best, and the people around you are also at the top because they are the best, what does that do to your attitude towards everyone else?  In plutarchies, there was usually a paternalistic attitude - they took care of the masses as an obligation for their status.  If not for the masses, there wouldn't be a plutarchy.  But in a meritocracy, perhaps they would become morally indifferent to the masses.  They get what they deserve.  We see some of that attitude among our politicians these days.

2.  What if the most talented people marry the other most talented people?  Would evolution start down two separate paths?  Would the talented get better and the untalented by stuck at the bottom?  I'm not sure, but it certainly is not impossible.

3.  Could we get a societal Peter Principle?  Talented people would get promoted until they finally hit a position that is a little past their ability and they weren't so talented any more.  Then they would stop there. 

I don't know if any of this is relevant.  But it is food for thought.

Thursday, August 30, 2012

Free Speech and Political Ads



I was listening to an old NPR podcast (well, a month old) on 3rd party political ads.  For example, the SuperPacs (501(c)4s) that don’t have to disclose donors and the 527 organizations that do.  The show had a three person panel that focused more on the honesty and legitimacy (or lack thereof) than the politics.  

 One person said that 3rd party ads were usually outright lies and hiding behind the anonymity.  One said that they were partially lies and varied depending on the ad and the group behind it.  The most generous panelist said that these ads were mostly based on truth, but were deceptive in the way they presented it – so the net effect may present a skewed version of reality to a less informed viewer.  The result is mostly the same.  Wealthy people and groups leverage their financial resources to confuse the issues in ways candidates and political parties can’t get away with.

Hey nothing wrong with that right?  This is America!  Freedom of Speech!!!  Yeah !!