Posts Tagged ‘Liberty’

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Commemorating Martin Luther King and liberty

January 16, 2012

Lynne Kiesling

For the past couple of years, I’ve commemorated Martin Luther King day by rereading his Notes From A Birmingham Jail, which I recommend to you as an eloquent articulation of, among other things, the values of liberty and of equality before the law.

It’s interesting to reread it this year,as our awareness of increasing encroachment and violations of our civil liberties grows. The juxtaposition of “Birmingham Jail” with Jonathan Turley’s analysis of the top ten ways in which the United States is no longer the land of the free is striking and thought-provoking. We lose such liberties incrementally, and King’s reminder of the importance of disobeying unjust laws is important to remember as we consider Turley’s list and how to regain our freedom. Note also the juxtaposition with the Economic Freedom of the World report from 2011, in which the US fell in stature due to increasing regulatory invasiveness to accompany the civil liberty invasiveness.

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The Defense Authorization Act and unlawful detention

December 6, 2011

Lynne Kiesling

Have you been paying attention to the National Defense Authorization Act (NDAA) that the Senate passed last week? I don’t blame you if you have not heard much about it, since most media have not been covering it. In addition to military expenditure authorization, it includes controversial provisions about the detention of terror suspects; as summarized by Spencer Ackerman at Wired:

But far more dramatically, the detention mandate to use indefinite military detention in terrorism cases isn’t limited to foreigners. It’s confusing, because two different sections of the bill seem to contradict each other, but in the judgment of the University of Texas’ Robert Chesney — a nonpartisan authority on military detention — “U.S. citizens are included in the grant of detention authority.” …

So despite the Sixth Amendment’s guarantee of a right to trial, the Senate bill would let the government lock up any citizen it swears is a terrorist, without the burden of proving its case to an independent judge, and for the lifespan of an amorphous war that conceivably will never end. And because the Senate is using the bill that authorizes funding for the military as its vehicle for this dramatic constitutional claim, it’s pretty likely to pass.

This development is disturbing in many dimensions. Note the narrowing and weakening of the long-standing habeas corpus protections of citizens against unlawful detention that our legal system inherited from English common law going back to the Magna Carta. The U.S. Constitution in Article 1, Section 9, states that “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it.” Maybe this “cases of invasion” exception is the reason why Senator Lindsay Graham, one of the most vocal supporters of these detention provisions, argues “Is the homeland the battlefield? You better believe it is the battlefield.” A consequence of this position is, as Conor Friedersdorf notes at the Atlantic,

That quote is important, for Graham is saying that as long as terrorists are trying to recruit  on American soil, our homeland is a battlefield. That means a perpetual state of war. Here are the senators who refuse to affirm that American citizens retain the right to due process during this war that is supposedly being waged everywhere on earth and that has no foreseeable end in sight.

He then provides the roll call on one of the amendments that would have limited these detention powers over U.S. citizens. Note also that many of the Senate supporters (and the House supporters of the version passed there earlier this year) claim to be supporters of limited government, but are indeed here codifying increased government powers to wage perpetual war. How can they, and we the voters, not see the hypocrisy and venality inherent in these positions?

Glenn Greenwald highlights another disturbing dimension of this legislation — or, more accurately, of the detention and military powers of the U.S. government. He points out that President Obama may veto this legislation, not because it includes gross violations of the civil liberties of American citizens, but because it represents Congress claiming oversight of executive powers that the Obama Administration (like the Bush Administration before it) asserts to already possess: “… the Bush and Obama administrations have already successfully claimed most of the powers in the bill, and courts have largely acquiesced … this bill would codify indefinite military detention, but the actual changes when compared to what the Executive Branch is doing now would be modest.” Greenwald observes:

But, with a few exceptions, the objections raised by the White House are not grounded in substantive problems with these powers, but rather in the argument that such matters are for the Executive Branch, not the Congress, to decide. In other words, the White House’s objections are grounded in broad theories of Executive Power. They are not arguing: it is wrong to deny accused Terrorists a trial. Instead they insist: whether an accused Terrorist is put in military detention rather than civilian custody is for the President alone to decide. Over and over, the White House’s statement emphasizes Executive power as the basis for its objections to Levin/McCain.

It’s truly disturbing to consider how much centralized political and military power we have allowed to build over the past decade. If the issues surrounding the NDAA are new to you, I recommend Greenwald’s post as a thorough discussion of the substantive and procedural issues. Sheldon Richman’s thought-provoking analysis at the Freeman is also a worthy read.

Finally, note (as do the articles linked above) the bipartisan nature of the support for this increase in government power and authority; a public choice theory-based analysis would easily lead you to that conclusion. Both the Republican wing and the Democrat wing of the Authoritarian Party have offered substantial support for perpetual war and the associated funding and power accompanying it, for both the executive branch and the “representative” branch. The discipline that’s supposed to be provided through our ability to “vote the bums out of office” seems incredibly weak here … or is this state of perpetual war truly the will of the people?

Maybe Orwell was right after all, although I thought most people saw his writing as cautionary tales rather than how-to manuals.

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Horwitz, Henderson, Hayek on the police state

June 16, 2011

Lynne Kiesling

On a subject too important to overlook … today Steve Horwitz wrote a short, clear argument providing evidence that we are indeed living in a police state. As evidence he offers 3 related phenomena:

  1. The immoral, ineffective, and financially irresponsible security theater we endure in the form of the Transportation Security Administration (as I’ve discussed previously here and here);
  2. The militarization of local police and the increase in activity, and the brutality of that activity, of SWAT teams and extensive inland border patrols; and
  3. Border patrol agents boarding trains and buses and demanding identification papers.

All of these actions are part of the growth of the national security state associated with the Orwellian-named PATRIOT Act. Sadly, I agree wholeheartedly with his conclusion:

When residents of the United States have a legitimate fear of being sexually abused by agents of the State when engaging in peaceful air travel, we live in a police state. …

When residents of the United States have serious reason to fear the door being busted down in the middle of the night by armed agents of the State despite having done nothing wrong, we live in a police state. …

When American citizens are stopped while traveling within their own state and asked to account for their whereabouts, we live in a police state. …

When innocent American citizens are told they should have “their papers” on them, we live in a police state. …

Since 9/11 the biggest threat to the American people is not radical Muslim terrorists, nor deranged domestic terrorists, but the terrorists with the blue uniforms, badges, and body armor. Their weapons of mass destruction are not bombs, but state-approved guns, latex-gloved hands, and a profound disregard for our rights. Until we stand up and say, “Enough!”these terrorists will keep winning and our rights will continue to be lost.

David Henderson agrees too, and reminds us today at EconLog of his excellent article last year about the growth of the surveillance state, “Life in the USSA“. David draws on Hayek’s arguments about the concentration of government power and the failure of economic central planning to argue that anti-terrorism central planning is also doomed to failure, for the same reasons … but politically powerful interests use fear-mongering arguments to instill a generalized perception that such centralized police and surveillance power are necessary protections. For that reason they also argue that decentralized adaptations, such as the hardening of cockpit doors and the widespread realization that we now have to pound the crap out of terrorists on planes rather than acquiescing to them, are insufficient. David’s entire argument is well worth reading, full of data and analysis.

This story of David’s is very telling, and should serve as another indication that we should, as Steve said, stand up and say Enough!

Three weeks after 9/11, I began a fall quarter class at the Naval Postgraduate School in which, on my first problem set, I stated Bush’s view that the terrorists were after us because of our freedom. This, I said in the question, is an hypothesis. How would you test Bush’s hypothesis, I asked. What data would you look for? Only about 2 people out of 50 refused to play, writing, essentially, that I was unpatriotic for questioning “the commander in chief.” The other 48 did play. I’ll never forget one of the answers. I wish I had photocopied it. The student, a U.S. military officer, wrote, “Congress and the President are busy, with the USA PATRIOT Act and intrusive security at airports, getting rid of our freedom. So if the President’s hypothesis is correct, there will be no more attacks.”

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Civil liberties and economics: more than just free markets

May 31, 2011

Lynne Kiesling

I wasn’t around KP a lot last week because I was spending a lot of time following the Patriot Act extension debacle and contacting my Congressional representatives to urge them to vote against it (of my so-called representatives, only Senator Durbin did so; I think this is the first time he and I have aligned on an issue).

The past couple of weeks have been brutal for our civil liberties in the US. Consider this incomplete list:

In the past two weeks the legal enforcement of our inalienable right to be free from unreasonable search seems to have almost disappeared.

You may ask why I’m paying so much attention to Patriot Act-related issues (including my frequently-articulated objections to the TSA, an outcome of the Patriot Act), and what is its relevance to our economic decisions and choices. The first and most obvious reason is the morality of the issue. Free people, in a country whose legal institutions are premised on protecting that freedom, have inalienable rights, and we have stipulated legal institutions for the protection of those rights (NOT for the granting and definition of those already-existing rights). In this case the Fourth Amendment of the Constitution is the legal institution being destroyed (and the First and Fifth (due process) are taking a beating too), with the evisceration of our civil liberties as the consequence.

The second reason is the more consequentialist, utilitarian one relating to economics. How can we thrive, be happy, be productive, invest, take on risks, when we are not secure in our life, liberty, and property? Our civil liberties are an essential foundation of those secure property rights on which our economic activity and economic growth are built. Without being secure in our life, liberty, and property, our economic selves wither.

Matt Zwolinski’s recent post at Bleeding Heart Libertarians articulates well why the erosion of civil liberties matters, both at a daily personal level and at an intellectual level, and implicitly at both a moral and economic level, and why we should emphasize both economic liberty and civil liberty in our policy arguments.

Economic freedom is not the only freedom over which governments currently run roughshod.  And, as I have suggested here before, it is probably not even the most important one. …

But libertarians, and especially bleeding heart libertarians, ought to give these issues much more attention than they currently do.  First, these issues matter for people’s lives, especially the lives of the poor and vulnerable who are much more likely to find themselves victimized by the growing police state, either directly or indirectly.  Second, precisely because they aren’t under dispute we can make compelling arguments on these issues without first trying to resolve all of the difficult and intractable problems that divide various schools of political and philosophical thought.

Economic liberties and civil liberties are complements, and the erosion of one erodes the other. These are some of the reasons why I am paying such close attention to the Patriot Act and the TSA, why I am acting to encourage change.

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LearnLiberty.org: Unplanned order

April 20, 2011

Lynne Kiesling

I’ve been enjoying the new videos available at LearnLiberty, all of which give clear, insightful discussions of fundamental concepts of classical liberalism (including economics). My highlight of the day is Tom Bell’s “Can order be unplanned?”

The answer is yes. Here Tom explores the rich intellectual history of the concept of spontaneous order, and how individuals pursuing their own ends can coordinate their decentralized actions in ways that lead to the emergence of unplanned order. His brief discussion explains the concepts, refers to its articulation by Adam Smith and F.A. Hayek, and shows how the answer to “who’s in charge here?” can be “no one” without society descending into chaos.

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Hernando deSoto, property rights, and Egypt

February 4, 2011

Lynne Kiesling

Yesterday the Wall Street Journal featured an essay from Peruvian economist Hernando De Soto, focusing on the socio-economic roots of the current protests against the authoritarian Mubarak government. De Soto’s work on the debilitating consequences of the lack of property rights for individual prosperity and economic growth is outstanding, and he has been working in Egypt for some time. He summarizes a study he published in 2004:

• Egypt’s underground economy was the nation’s biggest employer. The legal private sector employed 6.8 million people and the public sector employed 5.9 million, while 9.6 million people worked in the extralegal sector.

• As far as real estate is concerned, 92% of Egyptians hold their property without normal legal title.

• We estimated the value of all these extralegal businesses and property, rural as well as urban, to be $248 billion—30 times greater than the market value of the companies registered on the Cairo Stock Exchange and 55 times greater than the value of foreign direct investment in Egypt since Napoleon invaded—including the financing of the Suez Canal and the Aswan Dam. (Those same extralegal assets would be worth more than $400 billion in today’s dollars.)

The entrepreneurs who operate outside the legal system are held back. They do not have access to the business organizational forms (partnerships, joint stock companies, corporations, etc.) that would enable them to grow the way legal enterprises do. Because such enterprises are not tied to standard contractual and enforcement rules, outsiders cannot trust that their owners can be held to their promises or contracts. This makes it difficult or impossible to employ the best technicians and professional managers—and the owners of these businesses cannot issue bonds or IOUs to obtain credit.

I strongly recommend reading his whole essay; this excerpt cannot convey the eloquence of his argument for formal, transparent protection of private property rights for all individuals at all income levels, and the effects of such institutions on their prosperity and on economic growth.

I first wrote about his 2004 Egypt report back in 2004, and will reprint that original post here to complement De Soto’s outstanding essay.

[February 23, 2004] Friday at the Mercatus Chief of Staff Retreat, Hernando De Soto spoke on the work that they are doing in Egypt. Hernando De Soto founded the Institute for Liberty and Democracy in Peru, successfully fighting the Maoist Shining Path guerillas in Peru. De Soto laid out the economic and philosophical argument for why law, liberty and democracy are fundamental foundations of development in The Other Path. His most recent book, The Mystery of Capital, delves into the consequences of the lack of legal ownership and property rights in poor societies.

De Soto and ILD have been working in Egypt for 4 years, mapping out how much of the asset base in Egypt is actually “owned” and operates beyond the confines of existing law, and how much economic activity takes place in an underground economy. They have found that 92 percent of Egypt’s asset base is in the hands of Egypt’s working poor, and that ownership of these assets is not supported or enforced by Egypt’s legal system. DeSoto and the ILD have been working to persuade the Egyptian government that bringing law and property rights to the Egyptian people will not only create an environment in which they can be economically productive, it will also be a good political move to be the government that empowers such a large percentage of the voting population.

This was the first time I have heard De Soto speak, and he truly is inspiring. He is able to move from the specific features of Peru or Egypt to the general benefits that accumulate when societies have the legal institutions that support the move from personal to impersonal exchange. Trust is an important precursor to exchange, and institutions that enable trust among strangers and thus facilitate exchange are important precursors to economic growth. Another aspect of trust is the longevity of the business. To paraphrase from De Soto’s remarks, in poor societies you worry more about whether the businessman is going to have a heart attack, because the legal institutions do not exist that support the longevity of his business beyond his life. This lack of longevity shortens timeframes, meaning few or no long-term contracts and diminished investment.

Another interesting point that he made is that in economically vibrant countries like the US, most small business is initially funded by mortgages and second mortgages on homes. The ability to borrow against your home is not available in many poor countries because of the lack of legal ownership. As he put it, in the US your home can do many things for you simultaneously. In poor countries, it does one thing: provides a roof over your head.

And as De Soto said, these legal and economic institutions are more important than roads or ports, so if we really want to help the poor in developing countries, we should focus on institutions that create business longevity, facilitate impersonal exchange across larger markets, and enable people to borrow against their assets.

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U.S. military aid funds tear gas used to repress peaceful protestors in Egypt

January 28, 2011

Lynne Kiesling

I am watching and following the events in Egypt with great interest. Of course as a technologist-of-sorts who studies complexity I am interested in the role of social media in enabling such a distributed movement to coalesce. Unlike what happened in Iran in June 2009, this uprising seems likely to have a longer-lasting impact on Egypt’s institutions.

The British journalists on Al Jazeera are asking about the domino effect and whether or not this will be the equivalent of 1989 and countries “throwing off the Soviet yoke”. Or will this bring a “meet the new boss, same as the old boss” switch from one authoritarian regime to another? The lessons of economics indicate that for the sake of the Egyptian people, their prosperity and well-being, and their living standards, institutional change that brings an increase in individual liberty.

There’s an important point relevant to U.S. policy and the economics and morality of our spending U.S. taxpayer dollars on military aid to such authoritarian regimes. We spend over $1 billion dollars on aid, including military aid, to Egypt. Today that authoritarian regime has turned its arms on its citizens who were protesting peacefully, including turning water cannons on people at prayer. Such aid has neither consequentialist nor moral economic foundations, should never have existed, and certainly should not continue.

Some in the media are starting to see this, although in today’s press conference no one pressed Robert Gibbs enough on this. CNN’s Ben Wederman is on the ground in Cairo, and sent this tweet:

Teenager showed me teargas canister “made in USA”. Saw the same thing in Tunisia. Time to reconsider US exports?

As the kids say these days, peace out.

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Some economics of TSA policies

January 20, 2011

Lynne Kiesling

As I’ve mentioned before, I am passionately and actively opposed to the TSA’s fear-based violations of the rights and dignity of individuals. But my opposition extends beyond the moral and philosophical into the economic … and some recent commentaries indicate that I am not the only one!

First let’s think about the cost of the scanners being installed at airports, most of which are x-ray scanners that bombard you with ionizing radiation that penetrates your skin and may increase your risk of skin cancer, particularly if you are already in a high-risk category, in addition to displaying a naked image of your body. Economically speaking, the U.S. government has already spent $80 million on these machines, with another $90 million request in for this year. Politically speaking, most of the x-ray scanner purchases, and therefore a big chunk of that $170 million, are from Rapiscan, a company that benefits from the lucrative relationships of its security advisor, former Department of Homeland Security head Michael Chertoff. Indeed, scanner companies employ many lobbyists, and 80% of the lobbyists for this industry are former Congress members or staffers.

But according to the GAO, the equipment purchase costs, while high, pale in comparison with the ongoing staffing costs that will have to ensue to use the whole-body imaging scanners, as reported in this Business Week article:

Staffing costs could add $2.4 billion to the overall expense of full-body scanners being deployed in airports in response to the attempted Christmas Day bombing, a congressional auditor said at a hearing today.

The U.S. Transportation Security Administration should figure out if the expense is worth it, said Stephen Lord, a director at the Government Accountability Office.

Lord also said it’s unclear if the machines would have detected an explosive device allegedly hidden in the underpants of Umar Farouk Abdulmutallab, the suspect in the Dec. 25 bombing attempt on a commercial jet landing in Detroit.

“While GAO recognizes that TSA is attempting to address a vulnerability exposed by the December 2009 attempted attack, a cost-benefit analysis is important,” Lord said.

The added staffing cost is a consequence of the TSA more than doubling its planned acquisition of scanners to 1,800 from 878 after Abdulmutallab allegedly tried to blow up the Northwest Airlines flight, Lord told a panel of the House Homeland Security Committee.

Note that the TSA proposes, and Congress has so far rolled over and accepted, this expenditure and use of this technology for primary screening, despite the TSA’s known unwillingness and/or inability to perform any sort of meaningful benefit-cost analysis on these whole-body imaging x-ray machines. The TSA willfully refuses to provide a benefit estimate to evaluate against the $170 million of equipment costs plus the $2.4 billion in operating costs, plus the unseen and unestimated cost of the stripping of individuals of their rights and dignity.

Quantifying these benefits will be difficult, particularly when you take into account that most airline terrorism threats originate outside of the U.S. and that even this invasive technology can be fooled easily with some putty, or by concealing PETN (plastic explosive) in one’s mouth. Not only does the technology fail to accomplish what its supporters claim; to paraphrase Bruce Schneier, TSA’s strategic approach to passenger searches is too fear-based and too focused on things and not focused enough on behavior. I’d be very surprised if these expenditures, or even the whole TSA budget more generally, could pass even a window-dressing cost-benefit analysis.

According to an article from Dominic Tierney in the Atlantic, more individuals and policymakers are becoming more aware of this fact with respect to DHS in general, not just the TSA:

DHS is ripe for savings and efficiencies. The fruit isn’t just low hanging–it’s boxed and ready to ship. But Republicans have excluded Homeland Security from any cuts (along with defense, veterans affairs, Social Security, and Medicare).

Politics and ideology combine to curtail a rational debate about the Department of Homeland Security. Cutting DHS funding offers few votes. Quite the opposite: any politician who calls for reduced funding will face the wrath of special interests. And if a future terrorist attack could be linked–even tangentially–to earlier cuts, it might be career ending (this is an even bigger problem for Democrats who live in dread of being labeled “weak on terror”).

Tierney is challenging Republicans to be intellectually consistent in their quest to reduce government expenditure to tackle the $14 trillion government debt and the $1.3 trillion annual budget deficit, but regardless of partisan accusations, the evidence is mounting that the TSA (and DHS more generally) does not provide good value for money, does not give us a good return on the taxpayer and “airport security fee” payments to support their apparently dubious and ineffective activities.

Even the commenters on this post on the WSJ travel blog are quick to point out that the TSA is an ineffective and unresponsive bureaucracy, so when the post’s author muses on the lack of recent TSA complaint volume, there’s an avalanche of comments along the line of “why bother to file a comment with the TSA? They don’t respond. So I’m just going to stop flying until this Orwellian nightmare is finished.”

That point raises another unseen economic cost to the TSA’s intrusive procedures and unresponsive bureaucracy. What’s the economic cost of the foregone productive activity that doesn’t take place when people stop flying? Conference calls, web videos, and Skype are not perfect substitutes for face-to-face, interpersonal interaction, whether for work or leisure. Some estimate of that lost economic activity (just what you want when coming out of a recession!) would have to be added to the cost side of the cost-benefit analysis.

So when Matt Kibbe and Dick Armey ask what expenditures Congress should cut, as they did in yesterday’s Wall Street Journal, here’s my top recommendation: Defund the $90 million request for additional x-ray scanner purchases. Pass a bill that picks up where H.R. 2200 did in the last Congress, by limiting the use of the x-ray scanners already purchased to secondary screening. Refocus the existing TSA budget on actually being able to deliver on actual cargo screening rather than passenger search policies that operate on the presumption that every person wanting to fly is a potential terrorist. Or, as Art Carden argued so eloquently in November, abolish the TSA, return the responsibility for airline security to the, you know, airlines, and direct those resources to some higher-value use, like paying down the $14 trillion national debt. With that kind of tradeoff, how can we afford not to do that?

But the invasive TSA policies and the widespread anger and aggravation they have generated have led to one piece of positive economic activity, although I think it technically still counts as a Bastiat-style broken window:

Elguji Software, LLC. released their second app for the iOS platform: TSAzr – Share Your TSA Experience.

TSAzr (pronounced “TAY-zer”), allows the flying public to share their TSA screening experience with the world.

Passengers can provide information such as if they went through a body scanner, received a pat down (and what the pat down experience was like), even if their “junk” was touched.

Now with the Apple iPhone, iPad or iPod Touch and the new TSAzr app, everyone can rate their experience with the TSA, airport by airport. Even post their TSA experience on their Facebook wall.

See which airports are performing the most body scans, which airports are doing the most pat downs, and which airports people are rating the highest and lowest. View real time data and graphics for each airport.

With a $14 trillion federal government debt, a $1.3 trillion annual federal government budget deficit, and government policies that are leading people to reduce their economically productive activity, we cannot afford the expensive and failed bureaucracy that the TSA provides. Nor can we afford to spend money on the TSA budget to cater to special interests peddling ineffectual and morally reprehensible technologies.

We cannot afford to maintain the TSA charade any longer, either economically or morally.

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It’s Lysander Spooner’s birthday too!

January 19, 2011

Lynne Kiesling

Another important birthday today, Lysander Spooner! “… An American individualist anarchist, libertarian, political philosopher, Deist, abolitionist, supporter of the labor movement, legal theorist, and entrepreneur of the nineteenth century.” He famously founded a mail delivery company to compete with the monopoly U.S. Postal Service, and government legal challenges to his company drove it out of business. If you aren’t familiar with his writings, No Treason: The Constitution of No Authority (1870) is a good place to start.

HT to Steve Horwitz on Facebook.

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The TSA’s wholesale violation of our civil rights, including economic liberty

January 6, 2011

Lynne Kiesling

I have been a too-silent opponent of the Patriot Act’s authorization of invasive surveillance in the name of national security. One of the consequences of that authorization has been the growth of the Department of Homeland Security and, under it, the formation and growth of the TSA. Those of us who travel frequently have known the TSA as “Thousands Standing Around” for years, and have derided the TSA policies on shoes (the “shoe carnival”) and liquids that are the security equivalent of locking the barn after the horse is stolen.

The TSA’s push to increase the intrusiveness of their physical search of passengers for specific items has pushed beyond laughable inconvenience and inefficiency into literally physically invasive search that does not qualify as a reasonable search under the administrative search carve-out of the Fourth Amendment. The Fourth Amendment, as written, protects individuals from unreasonable government search and seizure of their person and property, and the TSA operates under the administrative search carve-out from it — basically, if you put your bags on the conveyor you are presumed to have consented to the search of your person and possessions. The TSA are trying to claim that the new backscatter x-ray full-body scanners, millimeter wave full body scanners, and aggressive, frisking-style pat-downs are a sufficiently reasonable search that they should be considered legal under administrative search.

The TSA’s position is wrong, and instead is an aggressive, authoritarian push that violates not just the dignity of individuals, but also our innate (i.e. NOT government-granted) civil and human rights. Their policies and procedures operate on the presumption that every single person that presents himself or herself at the airport to engage in a commercial transportation transaction is a potential terrorist. That presumption flies in the face of every concept of freedom and individual rights that is at the foundation of a free, dynamic, vibrant society.

They do so in the name of making us safer in the face of terrorist threats, but this is a false equivalence, and one where economic logic is important. Their invasive practices require lots of resources. Did you know that each of these scanners costs $175,000? How many FBI intelligence agents and explosive-sniffing K-9 teams could we train and employ with the millions of dollars that Congress has already authorized for the purchase of these scanners? The opportunity cost of these scanners is enormous. Enormous. And it puts us at more risk than we would face if we instead focused those resources on more effective tools, such as behaviorally-targeted intelligence gathering and explosive-detecting dogs.

But here’s where the political economy comes in. The companies who manufacture these technologies are active lobbyists, and have spread their lobbying dollars liberally among the heads of security-related committees and sub-committees in the 111th Congress, and those members of Congress have delivered millions of dollars in scanner contracts to these companies. If that’s the decision-making dynamic in Congress, what hope do the relatively cheap intelligence and dog options have in the face of well-funded x-ray and MMW scanner lobbyists?

These trampling of individual civil liberties have economic implications. Remember that airlines operate on razor-thin margins, and Herb Kelleher of Southwest famously observed that the last 5 or 6 passengers on a plane make a difference between profit and loss on that flight. It doesn’t take a large reduction in demand for air transportation (an inward shift in the demand curve) for the airlines to see that profit margin evaporate. For example, I used to be both Platinum on American and Premier on United, which meant I flew at least 75,000 miles annually. For 2011, because of the TSA, I am taking 1 flight at the end of January because I made a commitment before these policies were implemented, but after that, I will not fly. I have zero flights planned, and only two tentative trips to which I’ve committed for vacation in July and December. With razor-thin margins, it doesn’t take many frequent flyers who want to maintain their dignity and respect staying off of planes to turn profits to losses, at the hands (literally!) of the TSA.

If you have made some of these arguments yourself, you have probably heard the response that flying is not a right. That is wrong. The Supreme Court has ruled in several cases that flight falls under the individual rights we have to free movement under the Constitution, and this right was reinforced formally in language in the Airline Deregulation Act of 1978. We do have the right to fly, and to fly without unreasonable search that strips us of our dignity.

Other economists have written about other more directly economic aspects of this important issue, thinking in terms of benefit-cost analysis. In November Art Carden wrote in Forbes that full frontal nudity doesn’t make us safer, and I strongly encourage you to read his analysis. In December Steve Horwitz made the substitution effect argument: if people substitute out of flying and into driving to avoid invasive TSA searches, those people are at much higher risk of accident and death:

To the degree that the new TSA procedures raise the psychic cost of flying, either by increasing the wait time at security and/or by making people very uncomfortable with see-through scanning or being fondled by a TSA agent, it will induce them to look for alternative methods of travel. For most people, that will be driving rather than flying. And the reality is that you are far more likely mile for mile to be killed in an automobile accident than in an airplane. The most dangerous part of air travel is driving to the airport. And if you consider not all of the risks of flying but only the risk of what the TSA procedures are supposed to prevent, namely the extraordinarily small chance of being killed in a terrorist attack on an airplane, it is even more likely that you will die in your car than on the plane.

Today the Electronic Privacy Information Center is hosting an event, The Stripping of Freedom: A Careful Scan of TSA Security Procedures, with several excellent panels. If you care about such rights, and I obviously think you should, I encourage you to check out EPIC’s activity in this area (including their lawsuit against the TSA to gain an injunction against the use of scanners for primary screening), contact your airlines and hotels, and contact your members of Congress. Otherwise our Fourth Amendment rights, which are essential to a dynamic, thriving society, will continue to erode, and will erode at an increasing rate.

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