Peter Ludlow in the Stone remarks on the generational divide in attitudes towards whistle blowers, leakers, and hackers. According to Time Magazine, “70 percent of those age 18 to 34 sampled in a poll said they believed that Snowden “did a good thing” in leaking the news of the National Security Agency’s surveillance program. This fits a general trend, one heralded by Rick Falkvinge—founder of the European Pirate Parties—at the Hannah Arendt Center Conference last year, that young people value transparency above institutional democratic procedures. Distrusting government and institutions, there is a decided shift towards a faith in transparency and unfettered disclosure. Those who expose such in information are lauded for their courage in the name of the freedom of information.
Ludlow agrees and cites Hannah Arendt’s portrait of Adolf Eichmann for support of his contention that leakers like Edward Snowden and Chelsea Manning acted justly and courageously:
“In “Eichmann in Jerusalem,” one of the most poignant and important works of 20th-century philosophy, Hannah Arendt made an observation about what she called “the banality of evil.” One interpretation of this holds that it was not an observation about what a regular guy Adolf Eichmann seemed to be, but rather a statement about what happens when people play their “proper” roles within a system, following prescribed conduct with respect to that system, while remaining blind to the moral consequences of what the system was doing — or at least compartmentalizing and ignoring those consequences.”
Ludlow insists: “For the leaker and whistleblower the answer to [those who argue it is hubris for leakers to make the moral decision to expose wrongdoing], is that there can be no expectation that the system will act morally of its own accord. Systems are optimized for their own survival and preventing the system from doing evil may well require breaking with organizational niceties, protocols or laws. It requires stepping outside of one’s assigned organizational role.” In other words, bureaucratic systems have every incentive to protect themselves, thus leading to both dysfunction and injustice. We depend upon the actions of individuals who say simply: “No, I can’t continue to allow such injustice to go on.” Whistle blowers and leakers are essential parts of any just bureaucratic organization.
Ludlow’s insight is an important one: It is that the person who thinks for himself and stands alone from the crowd can—in times of crisis when the mass of people are thoughtlessly carried away by herd instincts and crowd mentality—act morally simply by refusing to go along with the collective performance of injustice. The problem is that if Snowden and Manning had simply resigned, their acts of resistance would have had minimal impact. To make a difference and to act in the name of justice, they had to release classified material. In effect, they had to break the law. Ludlow’s claim is that they did so morally and in the name of justice.
But is Ludlow correct to enlist Arendt in support of leakers such as Snowden and Manning? It is true that Arendt deeply understands the importance of individuals who resist the easy path of conformity in the name of doing right. Perhaps nowhere is the importance of such action made more markedly manifest than in her telling of the mention of Anton Schmidt when his name appeared in the testimony of the Eichmann trial:
At this slightly tense moment, the witness happened to mention the name of Anton Schmidt, a Feldwebel, or sergeant, in the German Army - a name that was not entirely unknown to this audience, for Yad Vashem had published Schmidt's story some years before in its Hebrew Bulletin, and a number of Yiddish papers in America had picked it up. Anton Schmidt was in, charge of a patrol in Poland that collected stray German soldiers who were cut off from their units. In the course of doing this, he had run into members of the Jewish underground, including Mr. Kovner, a prominent member, and he had helped the Jewish partisans by supplying them with forged papers and military trucks. Most important of all: "He did not do it for money." This had gone on for five months, from October, 1941, to March, 1942, when Anton Schmidt was arrested and executed. (The prosecution had elicited the story because Kovner declared that he had first heard the name of Eichmann from Schmidt, who had told him about rumors in the Army that it was Eichmann who "arranges everything.") ….
During the few minutes it took Kovner to tell of the help that had come from a German sergeant, a hush settled over the courtroom; it was as though the crowd had spontaneously decided to observe the usual two minutes of silence in honor of the man named Anton Schmidt. And in those two minutes, which were like a sudden burst of light in the midst of impenetrable, unfathomable darkness, a single thought stood out clearly, irrefutably, beyond question - how utterly different everything would be today in this courtroom, in Israel, in Germany, in all of Europe, and perhaps in all countries of the world, if only more such stories could have been told.
For Arendt, great civil disobedients from Socrates to Thoreau play important and essential roles in the political realm. What is more, Arendt fully defends Daniel Ellsberg’s release of the Pentagon Papers. It seems, therefore, that it is appropriate to enlist her in support of the modern day whistleblowers.
There is, however, a problem with this reading. Socrates, Thoreau, and Ellsberg all gave themselves up to the law and allowed themselves to be judged by and within the legal system. In this regard, they differ markedly from Snowden, Manning and others who have sought to remain anonymous or to flee legal judgment. For Arendt, this difference is meaningful.
Consider the case of Shalom Schwartzbard, which Arendt addresses in Eichmann in Jerusalem. Schwartzbard was a Jew who assassinated the leader of Ukranian pogroms in the streets of Paris. Schwartzbard stood where he took his revenge, waited for the police, admitted his act of revenge, and put himself on trial. He claimed to have acted justly at a time when the legal system was refusing to do justice. And a French jury acquitted him.
For Arendt, the Schwartzbard case stands for an essential principle of justice: that to break the law and act justly, one must then bring oneself back into the law. She writes:
He who takes the law into his own hands will render a service to justice only if he is willing to transform the situation in such a way that the law can again operate and his act can, at least posthumously, be validated.
What allows Schwartzbard to serve the end of justice is that he took the risk of putting himself on trial and asked a court of law and a jury to determine whether what he did was just, even it were also illegal. By doing so, Schwartzbard not only claimed that his act was a matter of personal conscience; he insisted as well that it was legal if one understood the laws rightly. He asked the representatives of the law—the French jury—to publicly agree with his claim and to vindicate him. He had no guarantee they would do so. When they did, their judgment brought the justice of Schwartzbard’s act to the bright light of the public and also cast the legal system’s inaction—its refusal to arrest war criminals living openly in Paris—in the shadow of darkness.
When I have suggested to colleagues and friends that Snowden’s flight to Moscow and his refusal to stand trial makes it impossible to see his release of the NSA documents as an act of justice, their response mirrors the argument made by Daniel Ellsberg. Ellsberg—who turned himself over to the police after releasing the Pentagon Papers—has defended Snowden’s decision to flee. The United States of 2013, he argues, is simply no longer the United States of the 1960s. When Ellsberg turned himself in, he was released on bail and given legal protections. He has no faith that the legal system today would treat Snowden with such respect. More likely Snowden would be imprisoned, possibly in solitary confinement. Potentially he would be tortured. There is every reason to believe, Ellsberg and others argue, that Snowden would not receive a fair trial. Under such circumstances, Snowden’s flight is, these supporters argue, justifiable.
I fully admit that it is likely that Snowden would have been treated much less generously than was Ellsberg. But aside from the fact that Snowden never gave the courts the chance to treat him justly, his refusal to submit to the law makes it impossible for his act of disobedience to shine forth as a claim of doing justice. He may claim that he acted in the public interest. He may argue that he acted out of conscience. And he may say he wants a public debate about the rightness of U.S. policy. He may be earnest in all these claims. But the fact that he fled and did not “transform the situation in such a way that the law can again operate and his act can be validated,” means that he does not, in the end, “render a service to justice.” On the contrary, by fleeing, Snowden gives solace to those who portray him as a criminal and make it easier for those who would to discredit him.
All of this is not to say that Snowden was wrong to release the NSA documents. It is clearly the case that the security state has gone off the rails and become encased in a bubble of fearful conformity that justifies nearly any act in the name of security. We do need such a public conversation about these policies and to the extent that Snowden and Manning have helped to encourage one, I am thankful to them. That said, Manning’s anonymity and Snowden’s flight have actually distracted attention from the question of the justice of their acts and focused attention instead on their motives and personal characters. They have, by resisting the return to law, diluted their claims to act justly.
It is a lot to ask that someone risk their life to act justly. But the fact that justice asks much of us is fundamental to the nature of justice itself: That justice, as opposed to legality, is always extreme, exceptional, and dangerous. Arendt knew well that those who act justly may lose their life, as did Socrates and Anton Schmidt. She knew well that those who act justly may lose their freedom, like Nelson Mandela. But she also knew that even those who die or are isolated will, by their courage in the service of justice, shine light into a world of shadows.
Peter Ludlow’s essay on the Banality of Systematic Evil is well worth reading. He is right that it is important for individuals to think for themselves and be willing to risk civil disobedience when they are convinced that bureaucracies have lost their moral bearings. It is your weekend read. And if you want to read more about Arendt and the demands of justice, take a look at this essay on Arendt’s discussion of the Shalom Schwartzbard case.
I am a neural matrix of roughly 80 billion cells each charged with the potential for action, firing out in multiple patters of synchronicity towards a seemingly inexhaustible order of calculations -- I am the system that emerges, I am its apex, I am sentience -- therefore I am.
This, I imagine, is what Descartes would have to say today of what remains of the self under the scope of examination, though I will admit this sounds less poetic then his original statement.
Galileo’s telescope, the atom, the space age, the tech age, the Human Genome Project, and now the BAM project, all can be seen as a succession of strivings towards a new perspective through which we could gleam a greater understanding and synthesis of Man. The BAM project is the newest manifestation of this urge. It is an exciting endeavor, and yet as with any new attempt of science to probe ourselves, it is a frightening one too.
Recently I learned about the “Brain Activity Map” (BAM) initiative sponsored by the Obama administration. I have a baseline knowledge of neuroscience and have been long fascinated by its hoped for implications and speculative repercussions. I wanted more detail. I found what I understand to be the source paper for this project, The Brain Activity Functional Connectomics, by Paul Alivisatos, et al. This is hot stuff, and I am not being glib. Obama thinks so too, that’s why 3 billion governmental dollars are slated to go into the project. Microsoft and Google are throwing in real money too. So what is really going on?
BAM follows the model of the Human Genome Project. In the proposal paper, as well as Obama’s state of the union address, reference is made to the fact that each $1 put into the Human Genome Project brought back $140 to the economy. I will leave alone the implications of this being economy driven. Should science be economically driven? This question, in our society, is mostly moot. Everything must now at least appear to be economy driven. Knowledge, transcendence, self-discovery, can only resonate in conversation with the economy.
But what are the human as opposed to the economic implications of the Brain Activity Map? BAM is a 15-year plan to create a non-topographical map of the brain the repercussions of which reach into the medical, commercial, educational, and technological fields. Until now our neuro-understanding of the brain has been limited to compartmentalized thinking, or to the study of individual ingredients. The brain simply cannot be understood this way and thus Alivisatos’ paper argues that “no general theory of brain function is universally accepted.” BAM seeks to create an “emergent systems” model, something akin to the rules of complex systems. This stems from the knowledge that brain function arises from the interplay of the electrical impulse grid (the action potential of all the neurons). The best way I can state this is that brain activity is a symphony rather then a carpenter’s graph. It is the interplay of notes, tones, and pacing, and sound rather than a combination of these individual elements. The point is not to isolate and combine but to mimic the complex yet structured electrical impulses of the brain in a way that allows higher order brain function to emerge in an artificially intelligent being. To quote Alivisatos: “An emergent level of analysis appears to be critical for understanding the most compelling questions of how brain functions create sentience.” The most exciting effort, in other words, is to create a sentient, thinking, and autonomous entity.
The project calls for an investment into new technologies that could make recording the action potentials and coordination of their impulses more feasible. This can be accomplished by investing in nano-technology: nanotubes and wires, quantum dots, nano-particles, neural probes, shanks containing optical waveguides, and tiny microchips that can pass into the brain.
The brain mapping project could likely entail human testing, which “we do not exclude,” though it would not take place till the last phase of the project.
Microsoft and Google have signed on as partners and possibly fiscal contributors, because clearly the repercussions of such of project could be ground breaking for the tech industry: Computer chips that replicate the emergent systems model; search engines that could graph society by treating each user as if they are a neuron and their googling activity as action potential. The source paper acknowledges some possible paranoia at such an endeavor and thus states that it is essential that this project be a public one, thus allowing for transparency in all findings. It also encourages a public relations campaign to reassure any party that may be susceptible to conspiracy theory making. That’s me!
I hold both, a fear of repercussions and a sense of excitement for this project. I tend to think that conspiracy theories are healthy. All great science fiction is fed by the conspiracy model, but it also tends to foretell future technological and social revelations. And there exactly is my point, or fear, or observation -- the irrelevance of social relevance. We don’t really care, unless it scares us.
I found myself facing this in writing this post. I am excited to tell people about this project, but as a writer I have a constant mechanism at play in my head as I write, to present a story or topic in a light that will make people interested. As much as this mechanism comes from within me it is also a product of cultural observation, a consistent tracking of what stimulates popular dialogue. What stimulates popular dialogue is conspiracy, not excitement or optimism. This itself is worthy of examination.
Ultimately the fear is of what we are losing in the race to understand ourselves through science and technology, of what we leave behind. I do not mean to gesture towards a conservative approach on science. Rather, I am fascinated by the anxiety that accompanies the prospect, and propose that our fear is that of isolated parties traveling at quite different speeds. We can investigate the self intrusively or/and reflectively. Reflectively, we evaluate and discuss our culture, ethics, the relationship of groups and individuals to one another, we pause and contemplate the grace of being. Intrusively we probe into the elemental makeup of ourselves and the world we inhabit. As one practice outpaces the other, something feels askew, as if a key organ in the symphony of being human is muting in the distance.
What is the essence of corruption? This is a question raised by the recent Supreme Court jurisprudence around Citizens United v. FEC. For Justice Kennedy and the Court has concluded, as a matter of law, that only quid pro quo corruption is corruption. An out and out bribe is corrupting, but throwing a congressman a $100,000 party or treating them to fancy meals and trendy restaurants, that is just exercising the right to freely speak with one's elected representatives. That such lavish expenditures come with expectations is, the Court insists, improvable and simply part and parcel of our democratic system.
In Republic, Lost: How Money Corrupts Congress—and a Plan to Stop It, Lawrence Lessig explores fully the impact of such "soft" corruption. He writes that the enemy we face today is not a Hitler or even the good Germans who would enable a Hitler. "Our enemy," Lessig writes, "is the good Germans (us) who would enable a harm infinitely less profound, yet economically and politically catastrophic nonetheless. A harm caused by a kind of corruption. But not the corruption engineered by evil souls. Indeed, strange as this might sound, a corruption crafted by good souls. By decent men. And women." Such a crime, he insists, is banal, but "not the banal in the now-overused sense of Hannah Arendt's The Banality of Evil—of ordinary people enabling unmatched evil (Hitler's Germany). Our banality is one step more, well, banal."
Lessig is right to worry that Arendt's phrase is overused, but what is more banal in the banality he so penetratingly describes in his book? In any case, his book better describes the kind of endemic corruption that infects our political system than any other. It should be read.
It is also important to remember that real corruption still exists in our world. It may be more a rarity at a time when one can accomplish so much corruption through legal means, but examples of bold and brazen corruption remain.
Lance Armstrong's web of corruption that silenced and intimidated dozens of his colleagues for over a decade is one example of how corruption can succeed, against all odds, but only for a time. Rumors of Armstrong's drug use floated around for a decade, and yet he still denies it. It took years for the web of deceit to break. As the NY Daily News wrote in an excellent review of the scandal:
The Armstrong myth was so lucrative that suppressing the truth came to require an endless behind-the-scenes campaign to bully and intimidate people into silence. Some of it bordered on gangsterism. Some of it was dressed up in the respectable wardrobe of elite law firms. But mostly it was just hot air - a fact that by 2010 had become clear enough to Floyd Landis that he stepped up and burst the bubble, blowing the whistle on the whole big fraud.
We tend to ignore corruption because it seems so inconceivable in our age of transparency. Corruption requires that the truth be kept hidden. This is extremely difficult and possible only through force and violence and even terror. But eventually, the truth comes out. As Hannah Arendt wrote in another context, "holes of oblivion do not exist." Eventually, the truth will emerge, no matter how many interests and how much money and violence is spent in the futile effort to prevent that from happening.
What brings to mind these brief reflections on the continued efficacy of corruption as well as its eventual failure is an article recently published in The Nation on the Hershey Trust. The author of the story is Ric Fouad, who is also a member of the Arendt Center's Board of Advisors. He is a graduate of the Milton Hershey School and together with a handful of other activists has been fighting a lonely battle against what he sees as the corruption of the Hershey Trust's Board, a fight that for him is inspired by Hannah Arendt's insistence on both truth, courage, and public action.
A little background. Milton Hershey was not just a brilliant chocolatier who had a radical vision of making chocolate—previously marketed only to the wealthy—available to the masses. He was also profoundly philanthropic. Unable to have children, Hershey left his entire personal fortune to the Hershey Trust, whose mission was to administer The Milton Hershey School, a school that Hershey founded to help and educate orphaned boys—the school is now coed and serves children with living parents. That fortune is now worth nearly $8 billion.
By his own account, Milton Hershey's life work would be to help orphaned children, whose plight touched him deeply. Hershey wanted his school to bring orphans into a revolutionary new kind of school, free from industrial buildings common to orphanages. The children were to live in beautiful homes in a bucolic paradise on 12,000 acres of land. They were to work on farms to learn character and attend a school that includes a vocational curriculum as well and have great teachers. It had all the potential to be an extraordinary facility set in truly magnificent settings.
So what is not to like? Well, for one thing, the Hershey Trust has been under investigation for six years, with no resolution and amidst plenty of accusations and charges about misspent funds and broken trust. The bucolic community-wide children's home was telescoped into a crowded centralized campus; the farms were all closed; the vocational program barely survives; and the poorest children, wards of the court, and foster care children came to be rejected in favor of what the administrators deemed a "better" class of child. Local developers made tens of millions in the process.
Tasked with administering the Milton Hershey School, the Trust's incredible resources enabled it to do much else besides. This could be an amazing opportunity to do good. It could also and become a magnet for powerful and connected people who finagled their ways onto the Hershey Trust board in order to access and control the vast wealth the Hershey Trust possessed. And that is what the article in The Nation, as well as numerous investigative articles here, here, and here, in The Philadelphia Inquirer, have alleged. You can also watch Ric Fouad's Harvard Law School lecture "Hershey's Broken Trust" here.
In Republic, Lost, Lessig writes:
The great threat to our republic today comes not from the hidden bribery of the Gilded Age, when cash was secreted among members of Congress to buy privilege and secure wealth. The great threat today is in plain sight. It is the economy of influence transparent to all, which has normalized a process that draws our democracy away from the will of the people. A process that distorts our democracy from ends sought by both the Left and the Right: For the single most salient feature of the government that we have evolved is that it discriminates against all sides to favor itself.
As true as that is about government, it is also true for cycling legends and political clubs. When corruption of all kinds pervades institutions throughout our society, it is only natural that cynicism abounds and we lose faith in the process of government as well as in the integrity of business. It is time to take corruption seriously in this country, and not explain it away as something that happens elsewhere in less civilized and less democratic countries.
You can read an excerpt of Lessig's Republic, Lost... here, at Amazon.com, where you can also buy his book.
The crisis must matter.
The most important divide in political and intellectual life today is between those who see society undergoing a transformative crisis and others who believe that the basic structures the 20th century industrial welfare state will persist.
The divide over how to understand the crisis of our times was front and center at the recent Hannah Arendt Center conference "Does the President Matter? A Conference on the American Age of Political Disrepair."
A number of speakers worried about the language of crisis. They rightly see talk about a "crisis" as code for an attack on the institutions of the welfare state. It can be an excuse to not only scale back the unsustainable aspects of our entitlement programs, but also to lower taxes on the wealthiest Americans while doing so.
It is true that many want to misuse the crisis as an attack on the poor and the middle class; that potential abuse, however, is not an excuse to deny the fact of the crisis itself. It is simply no longer possible to responsibly deny that we are living through a transformative crisis that will change the character of America and much of the world. The drivers of that crisis are many and include technology and globalization. The effects are profound and won't be fully understand for decades. At present, the first consequence is a crisis of institutional authority.
We in the US have indeed lost faith in our basic institutions. We don't trust scientists who warn us about global warming; we doubt economists who warn us about debt; we deny doctors who tell us that vaccines are safe. Very few people trust politicians or Ph.D.'s anymore. In fact, according to a 2009 General Social Survey, there are only two institutions in the United States that are said to have "A great deal" of confidence from the American people: the military and the police. This faith in the men with guns is, as Christopher Hayes writes in The Twilight of the Intellectuals, deeply disturbing. But it is not an illusion.
According to John Zogby, who spoke at the Hannah Arendt Center Conference last weekend, the crisis of faith in institutions is widespread and profound. Zogby said:
We call this the greatest economic crisis since the Great Depression and it is. But this is much more than that. This is a transformational crisis. Much more than simply the Great Depression, this is equivalent on the global stage to the fall of the Roman Empire. To the demise of Feudalism. What we have at this moment in time is a myriad—if not almost all—of our familiar institutions unprepared to deal with multiple crises all at once. Whether it is the federal Government or the near bankrupt states or the Democratic Party or the Republican Party or the banking institutions or the brick and mortal halls of higher education. Whether it is the Boy Scouts of America or the Roman Catholic Church, a number of our institutions that make up the superstructure of our society are simply unprepared to deal with the force of change, where we find ourselves.
Zogby was not the only speaker at our conference who noted that "our minds as well as our institutions have not caught up with the failure that they represent." Tracy Strong pointed to the outdated capacity of political primaries and Jeffrey Tulis spoke of the ways that Congress has, over the last century, increasingly abdicated its governmental and constitutional responsibilities. Institutions today spend more resources on self-sustenance (like fund raising) than on problem solving. Today our most important institutions are not only unable to solve the problems we face; the institutions have themselves become the problem.
Walter Russell Mead compared our current period to that era of American politics between 1865 and 1905. Mead noted that few people can name the presidents in that period not because of a failure of leadership but, rather, because in that period the U.S. was going through a cultural and societal transformation from, on one level, an agrarian to an urban-industrial society. We today are experiencing something equally if not more disruptive with globalization, technology, and the Internet. It is a mistake, Mead argued, to think that government or any group can understand and plan for such profound changes. There will be dislocations and opportunities, most of which are invisible today. While Mead offered optimism, he made clear that the years before the new institutions of the future emerge will be difficult and at times dark. There is little a president or a leader can do to change that.
Todd Gitlin and Anne Norton spoke of Occupy Wall Street and also the Tea Party as U.S. movements founded upon the loss of political and institutional power. Gitlin began with the widely quoted quip that the system is not broken, its fixed, an expression that feeds upon the disaffection with mainstream institutions. Norton especially noted the difficulties of a movement that at once decries and yet needs governmental power. The one constant, she rightly noted, is that in a time of institutional decay, those with the least to lose will lose the most.
Rick Falkvinge, founder of the Swedish Pirate Party, situated his party precisely in the space of institutional distrust that Mead and Zogby described. Falkvinge noted that the primary value held by 17 year-olds today is openness and transparency, which he distinguished from free speech. While free speech respects the rights of government and the media to regulate and curate speech, the radical openness embodied by the new generation is something new. The Pirate parties, for example, follow the rule of three. If three members of the Party agree on a policy, then that policy can be a platform of the party. There is no hierarchy; instead the party members are empowered to act. Like Wikileaks, with which it has strong affinities, the Pirate Party is built upon a profound distrust of all institutional power structures that might claim the authority to edit, curate, or distill what ought to be published or how we should govern ourselves.
Hannah Arendt wrote frequently about crises. "A crisis," she saw, "becomes a disaster only when we respond to it with preformed judgments, that is, with prejudices." The recent Arendt Center Conference sought to think about one particular crisis, namely the crisis of leadership in responding to the various crises that beset our age. It was born from the sense that we are increasingly confronting problems before which we cower helpless.
There are, of course, dangers and pitfalls in leadership. I too worry about calls for a leader to redeem us. That said, the coming seismic shifts in our world will bring great pain amidst what may be even greater opportunity. Without a workable political system that can recognize and respond to the coming changes with honesty and inspiration, chances are that our crises will morph into a disaster. Our President must matter, since men rarely accomplish anything meaningful without it. How a president might matter, was the theme of the two day conference.
If you missed the conference, or if you just want to review a few of your favorite talks, now is your chance. The Conference proceedings are online and can be found here. They are your weekend "read".