The hyper polarization within the United States of America is going to tear us apart, no question about it. Note historical examples of the French Revolution, and the Russian Revolution: polarized actors on both sides that resulted in chaos and catastrophe. As far as I can tell, for us in the USA at least, the hyper-polarization is the consequence of two major elements: (1) the invention of the internet [specifically the major search engines’ algorithms that reflexively promote extremes of anything (extremes get more clicks), and also encourage self-obsession (the “internet bubble” phenomenon)]; and (2) the gerrymandering of congressional districts [which has rendered congressional seats excessively secure and preempts any “art of compromise”].
I’ve no good ideas about the gerrymandering: It should already be obvious to all voters that it’s out of control, anti-competitive, and nullifying our rights to a representative government. It should be obvious that the Democrats and Republicans are both ineffective and inflexible because of it, but they get to be as bad as they are because within their districts, at least, they’re not the other side. And it leaves us citizens with a lot of turds in congress who are far more adept, attuned, and incentivized to keeping their jobs than doing their jobs. Because of the gerrymandering + our system of Primary elections there is no incentive in Congress to compromise, ever, because if you do you’ll lose next election’s Primary. But, Democracy is built upon compromise, and most of us in the country are disposed to compromise, especially if it means we can move forward. But the gerrymandered representative will never compromise; they will only sway with the prevailing winds of their respective districts’ most hardcore voters –the ones who vote in Primaries. Nevertheless, despite it completely undermining their chance for proper representation, ordinary voters don’t seem all that focused on the gerrymandering issue. They’d rather spit and hiss at one another, so it seems. So I’ll leave that subject to politicos on Substack. Maybe someone can make it a ballot issue, someday?
But the cyber issue… now that’s something we can fix! We can make a “Cyber Bill of Rights.”
First, what is the U.S. Bill of Rights? Noting that the U.S. Constitution was imperfect, ten amendments were passed by Congress Sept 25, 1789 and ratified by the states by December 15, 1791, to make it a lot better. These were:
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Amendment VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
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.
Okay, so why would a Cyber Bill of Rights be something we should have? And, why would it be important?
First: Cyber is fundamentally different than anything ever invented before: it is an entirely new domain of existence. But it’s not just a place we can go visit, if we like; cyber –like a brain’s subconsciousness– now underpins every element of everyone’s lives. You don’t have a choice about cyber. You’re on it. It’s on you. Whether you’re working on a computer or not it’s ubiquitous and influential in your life. And yet there are essentially no rules for it. It’s a completely Laissez Faire approach to dealing with this new domain. My point is, it shouldn’t be. It’s not right, it’s not fair, and as you can see with respect to our stupid, completely unnecessary societal polarization, it’s destructive.
When the founders of the USA were confronted with the problem of how to create this entirely new country, they reached back to the principles of their classical educations (ancient Rome and ancient Greece), and mixed in examples of how the nation-states of the indigenous peoples already living here balanced power, and presto, they created something new –that over two and a half centuries has actually worked.
We need that kind of initiative right now. Google, Facebook, X, TikTok, etc., are leading us by the nose. Like robber-barons of old, they can make their own rules, and they make them to serve their own interests. Not ours.
So, what would be good cyber amendments to make? For this I’m going to need your comments. I’m no lawyer. I’m no tech-ie. A few things that seem obvious to me:
- Anonymity on the internet is problem. When outsiders (other countries or agencies) can enter into our “sphere” without any trace and create / promote any kind of discord that serves their interests, that’s a problem. Note Putin’s dedicated cyber farms that influence US elections, and in fact how they distort elections across Europe. When insiders can spout any kind of language on a national stage without ever having to own the consequences of their speech, that kind of sniper position promotes bullying, slander, recklessness, discord. We have a right to free speech, but –as far as I can tell– not a right to anonymous speech. I think anonymity on major platforms is destructive and should be illegal. I have a driver’s license to drive on the public roads, don’t I? And if I drive like a menace, I can lose that license. I cannot be completely anonymous as a driver; I must answer for my driving. This is much bigger than that.
- Invasion of privacy. Our movements are tracked (by our cell phones), our speech is listened to (Siri), our emails are culled (Gmail), our internet usage is sold to other agencies. That’s spying. But it’s spying on such an unimaginably massive scale, we’ve failed to notice it. That expression, “I don’t know who discovered water, but it certainly wasn’t a fish” really applies; we’re so spied upon we don’t even notice it. And I don’t care how it impacts their business models: it needs to stop. Cell phones are fundamental to today’s society, so not using one isn’t really an option. We need some kind of legal protection from this constant violation of our privacy.
- Truth. This is the hardest one to consider. Somehow, on the major platforms, truth needs to become a thing once again. Because right now we’re stuck in this post-modern Hell of no “correct” anything. If we’re basing our society on the internet, but the internet has no inclination to or predilection for “the truth,” that’s a problem for our society.