[comp.org.eff.talk] Goverment control of roads

gnu@hoptoad.uucp (John Gilmore) (10/29/90)

Ofer Inbar wrote, in response to Brad Templeton's suggestion that
goverments be banned from the computerization of society:

> Could you see a constitutional ammendment forbidding government
> involvement in maintaining public roads and highways?  Does the fact
> that the government has the ability to prevent you from using public
> roads scare you, or make you think that the government will actually
> use this ability?

Yes, of course.  There are already proposals that Federal highway money
be denied to states that don't take away the drivers' licenses of people
convicted of drug offenses.  Note how the control has been exercised:

   *  People didn't used to need goverment licenses for transportation,
	but State goverments arrogated this control when cars became
	widespread.

   *  Nothing gave the Federal Government this power, though, so it has
	set up an infrastructure wherein the Feds impose a tax on all
	State residents and road users (income and gax taxes), then
	redirect the collected money to State goverments -- with
	strings attached.

   *  Government subsidy of road-building programs have strangled all other
	alternatives to automobile use, so obtaining a driver's license
	is in fact a requirement for >95% of citizens.  The US excuse
	for "public transit" has been taken over by government
	("municipalized") almost everywhere, and is largely Federally
	funded.  Even taxis (private cars used to transport other
	people for profit) are licensed and regulated.

   *  While drug use has nothing to do with driving cars, the Federal
	Goverment is not required to show any causal connection between
	rules and reality.

   *  The Constitution and laws prevent the goverment from exacting
	"cruel or unusual" vengence against this particular class of people
	who they hate for some reason
  
   *  So they use these other means, which are not controlled by the
	Constitution, and which were not set up to exercise social
	control of the populace, to actually *do* social control
	of the populace.

I'm interested in suggestions on how to break this cycle; on a State
level, limitations on the power to tax have had some effect.  But the
Federal Goverment is not subject to initiative or referendum, the
tools used by the populace to win over their "elected" State governments.

> One of the functions of the EFF should be to extend analogies such as
> this to the electronic world, so that the government could maintain
> our networks without causing fear.

I see.  Let's reassure the sheep.  This control *is* exercised, for
unConstitutionally oppresive purposes completely unrelated to the
original purpose of goverment involvement in transportation, but let's
all not have any FEAR or anything...

Brad:
> The network must be owned and run by a variety of private interests for the
> society to remain free.
> Brad Templeton, ClariNet Communications Corp -- Waterloo, Ontario 519/884-7473
 
Ofer:
> The problem with private interests is that they tend to be driven by
> profit only, and are not accountable to the public except in that they
> need money.  Private interests scare me much more than public.

Your mistrust is misplaced, and Brad knows more about this than you.
The loophole you mention ("except in that they need money") is the
complete means of public control of private companies.  It works better
than the ways we have to control goverments.  Consider Brad's company.
He's running a small, struggling business distributing information by
computer networks.  He is completely accountable to the public -- if
they don't buy his goods, deciding every month to pay him once again,
he's out of business.

As for governments, with a 98% re-election rate of Congressmen, who exactly
in the goverment is accountable to the public?

I think that more of your fear comes from the idea that if even *part* of
the public supports Brad, his business will survive and flourish -- even if
you don't agree with what he's doing.  That's the nature and the strength
of an open society, though -- diversity.  Ideas that *nobody* supports will
die, in private hands or in public hands.  But ideas that a small minority
supports, can continue even in the face of persecution by a majority, in
private hands.  And virtually all progress is made by these minorities,
despite the opposition of majorities who prefer the status quo.

(If you don't want to live in an open society, there are plenty of places
on the globe to choose from...even nominally "civilized" places like
England or Scandinavia.  I've recently been reading about the extent of
dirrect censorship in England, and if you want some real fear, look there.)
-- 
John Gilmore      {sun,pacbell,uunet,pyramid}!hoptoad!gnu        gnu@toad.com
Just say no to thugs.  The ones who lock up innocent drug users come to mind.

bchurch@oucsace.cs.OHIOU.EDU (Bob Church) (10/29/90)

>Ofer Inbar wrote, in response to Brad Templeton's suggestion that
>goverments be banned from the computerization of society:
>
>> Could you see a constitutional ammendment forbidding government
>> involvement in maintaining public roads and highways?  Does the fact
>> that the government has the ability to prevent you from using public
>> roads scare you, or make you think that the government will actually
>> use this ability?
>
I live in a college town where over 90% of the drinking of alchohol is done
by people walking to bars and then back to the dorms, etc. They are no longer
allowed to do this. The federal government promised to cut highway funding
to Ohio if the state didn't raise the drinking age to 21. The scenario that
you talk about has already happened. 
Personally, I think the answer is to end "riders". I'm not sure how you'd do
this, but the tacking on of bad legislation to necessary legislation is one
of the oldest ( and most damaging ) tricks of the government.
By the way, the "good old boy" bars either weren't effected or actually
had their business increased due to uptown bars going out of business.
These bars are out along rural highways and have to be driven from and
to. The rule may have actually increased DWI.


 

cosell@bbn.com (Bernie Cosell) (10/30/90)

gnu@hoptoad.uucp (John Gilmore) writes:

}Ofer Inbar wrote, in response to Brad Templeton's suggestion that
}goverments be banned from the computerization of society:

}> Could you see a constitutional ammendment forbidding government
}> involvement in maintaining public roads and highways?  Does the fact
}> that the government has the ability to prevent you from using public
}> roads scare you, or make you think that the government will actually
}> use this ability?


}Yes, of course.  There are already proposals that Federal highway money
}be denied to states that don't take away the drivers' licenses of people
}convicted of drug offenses.  Note how the control has been exercised:

...

}   *  Nothing gave the Federal Government this power, though, so it has
}	set up an infrastructure wherein the Feds impose a tax on all
}	State residents and road users (income and gax taxes), then
}	redirect the collected money to State goverments -- with
}	strings attached.

...

}   *  While drug use has nothing to do with driving cars, the Federal
}	Goverment is not required to show any causal connection between
}	rules and reality.

}   *  The Constitution and laws prevent the goverment from exacting
}	"cruel or unusual" vengence against this particular class of people
}	who they hate for some reason

I don't recall the cruel-or-unusual-vengeance part of the constitution ---
could you be a bit more explicit about which part(s) you're talking about.


}I'm interested in suggestions on how to break this cycle;..

I think the battle is hopeless, barring some sort of Constitutional
Amendment [and I'd be hard pressed to see how such would be worded].
The matter of 'strings' on gov't money is fairly long standing and is
pretty much settled law [dates back tothe New Deal days in the 30's...
I can get you the precise Supreme Court decision that first addressed
this matter if you'd like].  At the time, the matter at hand was the
feds putting the screws on private employers for things like limiting
work hours, honoring the right of employees to form unions, etc.  I
don't argue that those "intrustions" were necessarily good or bad, only
that this kind of intrusion isn't a particularly new thing: LOTS of law
would go out the window if 'strings' became unconstitutional, and not
all of it is bad [e.g., most folk think that the federal pressure to
have racially balanced school systems was, and is, overall a good thing
that the states themselves showed no interest in pursuing on their
own].

  /Bernie\

fvest@ducvax.auburn.edu (10/31/90)

In article <60432@bbn.BBN.COM>, cosell@bbn.com (Bernie Cosell) writes...
> 
>}I'm interested in suggestions on how to break this cycle;..
> 
>I think the battle is hopeless, barring some sort of Constitutional
>Amendment [and I'd be hard pressed to see how such would be worded].

How 'bout: "The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained by the
people."  Or maybe "The powers not delegated to the United States by
the Constitution, nor prohibited by it to the states, are reserved
to the states respectively, or to the people."  Something like this
would never be passed, though.
--
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