[11331] in Public-Access_Computer_Systems_Forum
Resisting the fall of democracy
daemon@ATHENA.MIT.EDU (Vigdor Schreibman - FINS)
Tue May 27 20:22:59 1997
Date: Tue, 27 May 1997 15:12:38 -0500
From: Vigdor Schreibman - FINS <fins@access.digex.net>
To: PACS-L@LISTSERV.UH.EDU
Reply-To: Public-Access Computer Systems Forum <PACS-L@LISTSERV.UH.EDU>
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FINS: Communicating the Emerging Philosophy of The Information Age
FEDERAL INFORMATION NEWS SYNDICATE
Vol V, Issue No. 10 (162 lines) May 26, 1997
CLOSING THE "VALUES-GAP":
Resisting the fall of democracy
By Vigdor Schreibman
The destructive unfolding situation
-----------------------------------
"We the People," collectively bear responsibility for
democracy in America. There is no appeal to a higher
authority. When laws and institutions do not go hand in hand
with the "progress of the human mind," and also fail to, "keep
pace with the times," a nation-state just begins to regress
and disintegrate. That's what the citizens of ancient Rome,
who brought the world an advanced civilization in some ways
superior to the post-modern one, yet learned during little
more than four centuries of its existence (27 b.c.-a.d. 395).
That's what Mr. Jefferson tried to tell the First Americans,
which this generation of citizens, looking deeply into each
other's eyes, must also learn to recognize.
Roman infrastructure, which did not adequately connect the
parts of the empire with its great core, was fatal to Rome.
The present technological civilization holds the seeds of its
own destruction. Despite the rhetorical promise that every
individual may have equal access, it places a premium on
communications that secure large investor preferences. They
own the pipes, and now also much of the content, to assure
maximum rents and also that no communications or political
agenda adverse to their own interests can prosper. This is
the so-called "Golden Rule," of investor politics, designed to
defeat the sovereign democratic powers of the people.
Moreover, the next stage of this disastrous process has
already been set in motion by the Clinton administration, with
the help of Republican friends in Congress. They are now
attempting by insidious machinations to destroy the
information role of Congress. This is the lifeblood of
democracy, under which agencies of the US Government are
required by law [44 USC sec. 1902], to make available to the
people free of charge all government publications through the
Federal Depository Library Program (FDLP).
It was disclosed in an estimate by the Superintendent of
Documents (SOD), presented last Thursday, May 22, at a hearing
of the Senate Committee on Rules and Administration, that
"more than 50 percent of all tangible Government information
products are not being made available to the Federal
Depository Library Program." This includes "about 55,000
scientific and technical documents and reports which are
neither printed through GPO nor furnished by the issuing
agencies to the FDLP as required by law."
Agencies are unlawfully seizing upon these "fugitive"
publications as potential sources of additional agency
revenue, establishing exclusive arrangements with private
sector entities so that the latter pay for publication costs.
Agencies also allow those private publishers to place
copyright or copyright-like restrictions on the products
involved in such agreements, the SOD said.
Those copyright-like restrictions takes various forms,
according to Ronald G. Dunn, President of the Information
Industry Association (IIA). These were described by the IIA,
in an email message sent to FINS, May 8:
1. Substantial initial licensing fees that exceed the
actual cost of dissemination
2. Ongoing royalty/usage charges
3. Restrictions on re-use, e.g., no copying, no
redistribution
4. Higher fees for those wishing to redistribute data
Agencies are also attempting to engage in printing
activities through private sources other than the GPO, in
violation of law which explicitly prohibits any agency to use
appropriated funds for printing unless this is done by or
through the GPO [44 USC sec 501]. For example, Sen. Wendell
H. Ford (D-Ky), informed members at the May 8 hearing, that
the National Institute of Standards and Technology, recently
solicited private bids for a $5,000,000 printing contract
[Solicitation #52SBNS7C1031], for printing needs of the
National Technical Information Service, which were being
arranged on behalf of various agencies. They intended to pay
for this contract with the use appropriated funds, in direct
violation of the Congressional prohibition.
Officials of the Clinton administration were called to
testify at the hearings of May 8 and 22, to explain this
extensive pattern of non-compliance and what was being done to
correct the situation. Included (among others) were: Sally
Katzen, Administrator, Office of Information and Regulatory
Affairs, Office of Management and Budget (May 8); Henry J.
Gioia, senior Management Analyst, Office of the Director of
Administration and Management, Office of the Secretary of
Defense; and Garry R. Bachula, Deputy Under Secretary for
Technology Administration, Department of Commerce (May 22).
These officials played dumb or shrugged off the questions
and complaints of the inquiring Senators. They even tried to
deny the facts when confronted with documents, which directly
contradicted their testimony. For example, when confronted
with their own internal documents showing their intent to
engage in non-compliance of the printing limitations, by
advertising for agency printing contracts, Gioia claimed that
his agency did not intend to do what the document stated.
Similarly, the Office of Legal Counsel, US Department of
Justice, urged agencies to violate the statutory printing
prohibition, in an opinion letter issued May 16, 1996,
claiming that the prohibition was unconstitutional. The
Constitution and laws of the United States, are not subject to
unilateral veto by the OLC. No Court order was issued, nor was
any attempt made to secure one by the DOJ, perhaps, because
the claim is nothing but a hot air balloon [Fins-NC5-08].
New voluntary organizations (NVOs)
----------------------------------
The infrastructure of the "Golden Rule," which burdens the
people with incompetent public officials, and is leading to
the fall of democracy itself must be resisted. For this
purpose there should be established an artful generation of
new voluntary organizations (NVOs), with the mission of
encouraging and facilitating a new foundation for sustainable
democracy. The NVOs could be funded by the citizenry, a few
dollars from each of the many who are threatened, to resist
the few who would undermine democracy.
These NVOs could shape their own, citizen controlled
alternative media. The people could, thereby, speak
collectively, coherently, and directly to each other, in
groups, at farmers markets, in schools, libraries, community
centers, churches, union halls, and homes, in any viable mode
and wherever the people may conduct their affairs.
Most important, the NVOs could be organized in collaboration
with social systems designers, group process facilitators,
and other vital civic organizations. They could, thereby,
build the capacity to design a desirable future and promote
the exercise of the collective will of the people, which are
essential to realize a sustainable democracy. Nothing is more
important, to keep pace with these times.
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