In search of reasonable conservatism

Feb 21JDN 2459267

This is a very tumultuous time for American politics. Donald Trump, not once, but twice was impeached—giving him the dubious title of having been impeached as many times as the previous 45 US Presidents combined. He was not convicted either time, not because the evidence for his crimes was lacking—it was in fact utterly overwhelming—but because of obvious partisan bias: Republican Senators didn’t want to vote against a Republican President. All 50 of the Democratic Senators, but only 7 of the 50 Republican Senators, voted to convict Trump. The required number of votes to convict was 67.

Some degree of partisan bias is to be expected. Indeed, the votes looked an awful lot like Bill Clinton’s impeachment, in which all Democrats and only a handful of Republicans voted to acquit. But Bill Clinton’s impeachment trial was nowhere near as open-and-shut as Donald Trump’s. He was being tried for perjury and obstruction of justice, over lies he told about acts that were unethical, but not illegal or un-Constitutional. I’m a little disappointed that no Democrats voted against him, but I think acquittal was probably the right verdict. There’s something very odd about being tried for perjury because you lied about something that wasn’t even a crime. Ironically, had it been illegal, he could have invoked the Fifth Amendment instead of lying and they wouldn’t have been able to touch him. So the only way the perjury charge could actually stick was because it wasn’t illegal. But that isn’t what perjury is supposed to be about: It’s supposed to be used for things like false accusations and planted evidence. Refusing to admit that you had an affair that’s honestly no one’s business but your family’s really shouldn’t be a crime, regardless of your station.

So let us not imagine an equivalency here: Bill Clinton was being tried for crimes that were only crimes because he lied about something that wasn’t a crime. Donald Trump was being tried for manipulating other countries to interfere in our elections, obstructing investigations by Congress, and above all attempting to incite a coup. Partisan bias was evident in all three trials, but only Trump’s trials were about sedition against the United States.

That is to say, I expect to see partisan bias; it would be unrealistic not to. But I expect that bias to be limited. I expect there to be lines beyond which partisans will refuse to go. The Republican Party in the United States today has shown us that they have no such lines. (Or if there are, they are drawn far too high. What would he have to do, bomb an American city? He incited an invasion of the Capitol Building, for goodness’ sake! And that was after so terribly mishandling a pandemic that he caused roughly 200,000 excess American deaths!)

Temperamentally, I like to compromise. I want as many people to be happy as possible, even if that means not always getting exactly what I would personally prefer. I wanted to believe that there were reasonable conservatives in our government, professional statespersons with principles who simply had honest disagreements about various matters of policy. I can now confirm that there are at most 7 such persons in the US Senate, and at most 10 such persons in the US House of Representatives. So of the 261 Republicans in Congress, no more than 17 are actually reasonable statespersons who do not let partisan bias override their most basic principles of justice and democracy.

And even these 17 are by no means certain: There were good strategic reasons to vote against Trump, even if the actual justice meant nothing to you. Trump’s net disapproval rating was nearly the highest of any US President ever. Carter and Bush I had periods where they fared worse, but overall fared better. Johnson, Ford, Reagan, Obama, Clinton, Bush II, and even Nixon were consistently more approved than Trump. Kennedy and Eisenhower completely blew him out of the water—at their worst, Kennedy and Eisenhower were nearly 30 percentage points above Trump at his best. With Trump this unpopular, cutting ties with him would make sense for the same reason rats desert a sinking ship. And yet somehow partisan loyalty won out for 94% of Republicans in Congress.

Politics is the mind-killer, and I fear that this sort of extreme depravity on the part of Republicans in Congress will make it all too easy to dismiss conservatism as a philosophy in general. I actually worry about that; not all conservative ideas are wrong! Low corporate taxes actually make a lot of sense. Minimum wage isn’t that harmful, but it’s also not that beneficial. Climate change is a very serious threat, but it’s simply not realistic to jump directly to fully renewable energy—we need something for the transition, probably nuclear energy. Capitalism is overall the best economic system, and isn’t particularly bad for the environment. Industrial capitalism has brought us a golden age. Rent control is a really bad idea. Fighting racism is important, but there are ways in which woke culture has clearly gone too far. Indeed, perhaps the worst thing about woke culture is the way it denies past successes for civil rights and numbs us with hopelessness.

Above all, groupthink is incredibly dangerous. Once we become convinced that any deviation from the views of the group constitutes immorality or even treason, we become incapable of accepting new information and improving our own beliefs. We may start with ideas that are basically true and good, but we are not omniscient, and even the best ideas can be improved upon. Also, the world changes, and ideas that were good a generation ago may no longer be applicable to the current circumstances. The only way—the only way—to solve that problem is to always remain open to new ideas and new evidence.

Therefore my lament is not just for conservatives, who now find themselves represented by craven ideologues; it is also for liberals, who no longer have an opposition party worth listening to. Indeed, it’s a little hard to feel bad for the conservatives, because they voted for these maniacs. Maybe they didn’t know what they were getting? But they’ve had chances to remove most of them, and didn’t do so. At best I’d say I pity them for being so deluded by propaganda that they can’t see the harm their votes have done.

But I’m actually quite worried that the ideologues on the left will now feel vindicated; their caricatured view of Republicans as moustache-twirling cartoon villains turned out to be remarkably accurate, at least for Trump himself. Indeed, it was hard not to think of the ridiculous “destroying the environment for its own sake” of Captain Planet villains when Trump insisted on subsidizing coal power—which by the way didn’t even work.

The key, I think, is to recognize that reasonable conservatives do exist—there just aren’t very many of them in Congress right now. A significant number of Americans want low taxes, deregulation, and free markets but are horrified by Trump and what the Republican Party has become—indeed, at least a few write for the National Review.

The mere fact that an idea comes from Republicans is not a sufficient reason to dismiss that idea. Indeed, I’m going to say something even stronger: The mere fact that an idea comes from a racist or a bigot is not a sufficient reason to dismiss that idea. If the idea itself is racist or bigoted, yes, that’s a reason to think it is wrong. But even bad people sometimes have good ideas.

The reasonable conservatives seem to be in hiding at the moment; I’ve searched for them, and had difficulty finding more than a handful. Yet we must not give up the search. Politics should not appear one-sided.

SESTA/FOSTA: oppression through moral panic

Mar 31 JDN 2458574

The road to Hell is paved with good intentions.

The “Stop Enabling Sex Traffickers Act” and “Fight Online Sex Traffickers Act”. Who could disagree with that? Nobody wants to be on the side of sex traffickers.

Beware bills with such one-sided names; they are almost never what they seem. The “USA PATRIOT Act” was one of the most authoritarian and un-American pieces of legislation ever produced.

The bill was originally two bills, SESTA and FOSTA, which were then merged. For the rest of this post I’m just going to call it SESTA for short.

SESTA passed with overwhelming support; the vote totals were 388 to 25 in the House and 97 to 2 in the Senate. Apparently members of Congress fall for that sort of one-sided naming, because they also passed the USA PATRIOT Act 357 to 66 in the House and 98 to 1 in the Senate. This is the easiest way to take away our freedoms: Make it sound like you are doing something obviously good that no sane person could disagree with. If fascism comes to America, it will be called the “Puppies Are Cute Act” and it will pass with overwhelming support.

Of course I’m against sex trafficking. Almost everyone is against sex trafficking. The problem is that SESTA doesn’t actually do much to fight sex trafficking, may in some cases make sex trafficking worse, and sets a precedent that could undermine fundamental civil liberties.

So, what does SESTA actually do? At its core, it changes the way the Internet is regulated. It has been a basic principle of Internet regulation from the beginning that websites aren’t responsible for the actions of their users; unless a site is actively designed for an illegal purpose, the fact that it is used for illegal purposes is not the website’s fault.

This is how we regulate other forms of communication. If a mob boss calls a hit man on the phone, we don’t sue the phone company. If banks exchange emails to collude on manipulating interest rates, we don’t put the email sysadmin in jail. If terrorists send messages through the mail, we don’t arrest the postal workers.

There may be some grey areas, but generally courts have leaned toward greater liberty: The Anarchist’s Cookbook sure looks an awful lot like a means for conducting acts of sabotage and terrorism, but we’re so loathe to ban books that we allow it to be sold.

That is, until now. Because it’s about sex crime, we went into moral panic mode and stopped thinking clearly about the real implications of the policy. We don’t react the same way to gun crime—if we did, we’d have re-instituted the assault weapons ban a decade ago. This is clearly part of our double standard between sex and violence. Sex trafficking is horrible, to be sure; but I think that gun homicides clearly worse. (Yes, it is horrible to be forced into sexual slavery; but would you rather be shot to death?) But we wildly overreact to the former and do basically nothing to stop the latter. And the scale of the two problems is not just comparable, it’s almost identical: About 18,000-20,000 people are trafficked into the US each year for sex, and there were precisely 19,362 homicides in the US last year, of which 14,415 were committed with firearms.
Indeed, why focus specifically on sex trafficking? The majority of forced labor trafficking is not sex. I suppose it seems worse to become a sex slave than to become a slave at a diamond mine or a tobacco plantation… but not that much worse. Not so much worse that the former merits an overwhelming response and the latter barely any response at all.

SESTA breaks the usual principles applied to regulating communication and instead allows the government to penalize websites that are used to facilitate any kind of sale of sexual services.

Note, first of all, that this suddenly changes the topic from sex trafficking to sex work; the vast majority of sex workers are not trafficking victims but voluntary participants. In countries where brothels are legal and regulated, job satisfaction of sex workers is not statistically different from median job satisfaction overall.

Second, the bill doesn’t really do anything to target sex trafficking. It was already illegal to use websites for sex trafficking and already illegal to advertise sex trafficking via the Web. In fact, there is reason to think that pushing sex trafficking further into the Dark Web will only make the job of law enforcement harder.

Part of the liability protections for websites which will now be stripped away included a “right to moderate”: using moderation tools to remove illegal content would not result in additional liability. Under SESTA, this has changed; sites will now want to avoid moderating illegal content, because in so doing they would be effectively admitting that they knew it existed. Since there can never be any guarantee of removing 100% of all illegal content without shutting the entire site down, sites may choose instead to not moderate, so they have more plausible deniability when illegal content is ultimately found.

Instead, the main effect of SESTA will be to put more sex workers in danger. Where previously they could use websites to screen clients, they now have to return to in-person contact that is much more dangerous. It pushes them from the relative security of working indoors and online to the extreme danger of walking the street or working for a pimp. SESTA also removes the opportunity for sex workers to communicate with each other, because now any content related to sex work is banned; and these kinds of communication networks can be literally a matter of life and death.

Make no mistake: People will die over this. Mostly women and queer men (because the vast majority of sex work clients are male). The homicide rate of female victims dropped an astonishing 17 percent when Craigslist iSmplemented its Erotic section that allowed sex workers to use the Internet to screen clients. SESTA is taking that away, so we can expect homicides of female victims to rise.

SESTA is also blatantly Unconstitutional. The original form of the bill included an ex post facto clause, which violates one of the most basic principles of the Constitution.

Even with that removed, SESTA is obviously in violation of the First Amendment; this is censorship. It has already been used to justify Tumblr’s purge of all sexual content, which caused a 20% drop in user base and an exodus of erotic artists and sex workers to other platforms, and will disproportionately harm queer youth because Tumblr had previously been one of the Internet’s safest spaces for exploring sexual identity.

And now that the precedent has been set to hold websites responsible for their users, expect to see more of this. We already see sites being held responsible for copyright infringement; but we could soon see similar laws passed punishing sites for “facilitating” illegal drug use, hacking, or hate speech. Operators of communication platforms will be forced to become arms of law enforcement or face prison themselves.

Of course we all want to stop sex trafficking. Everyone agrees on that. But a bill that targets bad things can still be a bad bill.