“Should Government Halt the Use of Facial-Recognition Technology?”

The Wall Street Journal ran one of its point-counterpoint debates over the weekend; this one treating the topic in this post’s title.

The debaters focused on the error rate of the technology and whether that was a big deal or a little one; although there was passing mention of civil liberty problems.

I say the question is over-broad.

Government should not only halt its own use of facial recognition software; it should be statutorily barred from it. We haven’t, yet, been overrun by the People’s Republic of China. The civil liberty—the individual liberty—matter is much too serious to be glossed over, and this is one venue where the line is better drawn at zero rather than trusting Government (which is to say, the men of Government) to go this far but no farther.

The question of its commercial use is a separate one from Government’s use or not use. This question should have a market answer, arrived at by customers and the businesses with which we interact.

A Cynical Attitude About Health and Health Coverage

California demurs from the Trump administration’s position that the State’s mandate to insurers that they must cover abortion violates Federal law.  The administration has said it will withhold Federal funding from the State if it doesn’t correct its insurer demand.

The objection to the Trump administration position offered by California’s Attorney General Xavier Becerra, though, is especially disingenuous.

The Trump Administration’s threats not only put women’s health on the line, but illegally threaten crucial public health funding that Californians rely on.

For one thing, if the good citizens of California rely on crucial public health funding, then California should provide it. The citizens of the other States of our nation should not be held accountable for the California government’s spending and revenue decisions.

The larger thing, though is Becerra’s women’s health grandstand. Abortion has much, much more to do with the baby’s health than it has with the mother’s health. While pregnancy can threaten a woman’s health, these are extremely rare cases, and they should be handled on the rare case by case basis in which they exist. Funding for and insurance coverage of these few exceptions can be handled in other guises than funding abortions with Federal dollars.

A Court Missed

This time, the DC Circuit Court has erred.  The Trump administration—Health and Human Services—had allowed Arkansas, among other States, to set work requirements on its citizens as prerequisites to eligibility for the State’s Medicaid program. Folks and organizations sued over that, and the case wound up in the DC Circuit Court.  That Court held with the suers and has blocked Arkansas from proceeding with the work requirements.

Writing for the Court, Senior Circuit Judge David Sentelle held, in part, that HHS didn’t address the purpose of Medicaid in a way that suited him:

to provide health care coverage to populations that otherwise could not afford it….

Sentelle wrote further,

The means that Congress selected to achieve the objectives of Medicaid was to provide health care coverage to populations that otherwise could not afford it.
To an extent, Arkansas and the government characterize the Secretary’s approval letter [allowing Arkansas’ work requirements] as also identifying transitioning beneficiaries away from governmental benefits through financial independence or commercial coverage as an objective promoted by Arkansas Works.

Sentelle then wrote that Azar’s approval letter did not discuss this aspect of the matter, either. That, though, is because it’s so blindingly obvious that explicitly writing, in effect, “this, too,” would have been merely redundant.

Of course, HHS did properly account for the principal purpose. Requiring efforts to work or to learn work skills directly accounts for Medicaid’s principal purpose, by helping folks become able to afford health-care coverage and so no longer be part of those “populations that otherwise could not afford it.”

The ruling needs to be appealed to the Supreme Court, and the Supremes need to uphold HHS’ requirement.

The DC Circuit messed up.

 

The Court’s ruling can be read here (maybe. The Circuit’s Web page is having trouble with this. The Case is Charles Gresham v. Alex Azar, II, Docket 19-5094).

Telecommunications and Backdoors

It turns out that Huawei has been able to use legislatively mandated backdoors into telecommunications software—backdoors ostensibly for the sole benefit of law enforcement, and then only usable within judicially allowed limits, search warrants duly sworn, in the US, for instance—for years.

But we would never do that, says Huawei in its wide-eyed innocence.

“The use of the lawful interception interface is strictly regulated and can only be accessed by certified personnel of the network operators. No Huawei employee is allowed to access the network without an explicit approval from the network operator,” the [senior Huawei] official said.

The existence of the interface is the access pathway. The bar to its use is wholly a matter of the integrity of the humans involved. This is not a hard concept to understand; Huawei’s management is being disingenuous to pretend otherwise.

Further, PRC law requires PRC companies to cooperate with the government on the government’s demand.

Huawei “has never and will never do anything that would compromise or endanger the security of networks and data of its clients,” the company said.

Huawei’s CEO Ren has also made that preposterous claim. He and his management team insult our intelligence, assuming as they do that we would believe that Huawei would actually defy the PRC government.

Markets in Internet Domains

ISOC, which owns the .org Internet domain, wants to sell the address to a company called Ethos, which wants to go into a for-profit business managing Internet domains or Internet addresses. ICANN has to approve the sale before it can go through.

The free market competition that would result from the sale and others like it is supposed to knell the end of the Internet. The Wall Street Journal‘s Editorial Board likes the idea.

They’re both wrong, and they’re both being hysterical about it.

ICANN, and ISOC, come to that, have done a fine job of managing the domains within their purview. I’m not sure that’s a thing needing fixing, so I’m spring-loaded against the sale of any their domains to Ethos or any other organization.

Competition? Of course. Let Ethos generate its own domain or suite of domains to compete with the .org domain. Let Ethos and other private enterprises create their own domains or suites of them to compete with the existing ICANN-overseen domains like .com, .edu, .[whatevs].

Simply passing a domain from one manager to another does nothing for competition; that’s just a game of Two-Card Monte.