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This is a profound denial. The gambling on Wall Street was not caused by the equivalent of errors in arithmetic. It was caused by a corruption of the system by which we regulate those markets. No true theorist of free markets — and certainly none of the heroes of even the libertarian right — believe that infrastructure markets like financial systems can be left free of any regulation, including the regulation of rules against fraud. Yet that ignorant anarchy was the precise rule that governed a large part of our financial system. And not by accident: An enormous amount of political influence was brought to bear on the regulators of these core institutions of a free market to get them to turn a blind eye to Wall Street’s “innovations.” People who should have known better yielded to this political pressure. Smart people did stupid things because “the politics” of doing right was impossible. Why? Why was their no political return from sensible policy? The answer is so obvious that one feels stupid to even remark it. Politicians are addicts. Their dependency is campaign cash. And in their obsessive search for campaign funds, they let these funders convince them that for the first time in capitalism’s history, markets didn’t need the basic array of trust-producing regulation. They believed this insanity because it made it easier for them — in good faith — to accept the money and steer financial policy over the cliff. Lawrence Lessig ☀

Fifteen months ago, America elected the most compellingly progressive president in fifty years. It also elected the largest Democratic majority in the House and Senate in more than a generation. Yet practically every major reform that this young president has promised is now stalled in Congress. Health care languishes. Global warming legislation is no longer even discussed. The financial services sector has yet to be re-regulated (Congress is taking a break from that while they shuttle back and forth to Wall Street fundraisers). The bold effort to create a Consumer Financial Protection Agency has died the death of a thousand cuts, as exception after exception has been inserted into this the mother of Swiss cheese reform. Loyalists, of course, blame all this on the crazy Republicans. No doubt, the GOP has pushed the tradition of partisanship to an extreme. But to pin the faults of the last 13 months on one party is to betray an extraordinary ignorance about the dynamic of the Fundraising Congress. Lawrence Lessig ☀

At the center of our government lies a bankrupt institution: Congress. Not financially bankrupt, at least not yet, but politically bankrupt. Bush v. Gore notwithstanding, Americans’ faith in the Supreme Court remains extraordinarily high—76 percent have a fair or great deal of “trust and confidence” in the Court. Their faith in the presidency is also high—61 percent. But consistently and increasingly over the past decade, faith in Congress has collapsed—slowly, and then all at once. Today it is at a record low. Just 45 percent of Americans have “trust and confidence” in Congress; just 25 percent approve of how Congress is handling its job. A higher percentage of Americans likely supported the British Crown at the time of the Revolution than support our Congress today. The source of America’s cynicism is not hard to find. Americans despise the inauthentic. Gregory House, of the eponymous TV medical drama, is a hero not because he is nice (he isn’t) but because he is true. Tiger Woods is a disappointment not because he is evil (he isn’t) but because he proved false. We may want peace and prosperity, but most would settle for simple integrity. Yet the single attribute least attributed to Congress, at least in the minds of the vast majority of Americans, is just that: integrity. And this is because most believe our Congress is a simple pretense. That rather than being, as our framers promised, an institution “dependent on the People,” the institution has developed a pathological dependence on campaign cash. The US Congress has become the Fundraising Congress. And it answers—as Republican and Democratic presidents alike have discovered—not to the People, and not even to the president, but increasingly to the relatively small mix of interests that fund the key races that determine which party will be in power. Lawrence Lessig ☀

If the government’s reason for silencing corporations is that they don’t like what corporations would say — if it thinks, for example, that it would be too Republican, or too pro-business — then that’s got to be a terrible reason for the regulation, and we all ought to support a decision that strikes a law so inspired. That, however, is not the only, or the best, justification behind the regulations at issue in Citizens United. Those rules not about suppressing a point of view. They’re about avoiding a kind of dependency that undermines trust in our government. The concentrated, and tacitly, coordinated efforts by large and powerful economic entities — made large and powerful in part because of the gift of immunity given by the state — could certainly help lead many to believe “money is buying results” in Congress. Avoiding that belief — just like avoiding the belief that money bought results on the Supreme Court — has got to be an important and valid interest of the state. Lawrence Lessig ☀

We need to trust our democracy. We need to believe that its representatives are guided if not by truth, then at least by what their constituents want. Our Framers gave us a Republic in which the government was to be “dependent,” as the Federalist Papers put it, “upon the People.” They were obsessed with assuring that the government be independent of anything else. But the vast majority of Americans do not believe that their government is “dependent upon the People.” The vast majority believes the government is dependent upon money. Most believe “money buys results in Congress.” Most therefore doubt the integrity of this the most important democratic institution established by our Framers. This is a corruption — a corruption of the very institution of our democracy. And this corruption makes it harder for both Reagan Republicans and Progressive Democrats to achieve the substantive ends that each seeks. For 20 out of the last 29 years, we’ve had conservative Republican Presidents. But Reagan Republicans have yet to see the size of government shrink, or the tax code simplified — because Congress has no interest in smaller government or simpler taxes, since both would make it harder to raise campaign funds. Likewise, despite the election of Barack Obama with a super-majority Democratic Congress, Progressive Democrats have watched with disgust as every substantive reform of this administration has been stymied by special interests expert in preserving the status quo. Lawrence Lessig ☀

I have no clear view. I only know that the two extremes that are before us would, each of them, if operating alone, be awful for our culture. The one extreme, pushed by copyright abolitionists, that forces free access on every form of culture, would shrink the range and the diversity of culture. I am against abolitionism. And I see no reason to support the other extreme either—pushed by the content industry—that seeks to license every single use of culture, in whatever context. That extreme would radically shrink access to our past. Instead we need an approach that recognizes the errors in both extremes, and that crafts the balance that any culture needs: incentives to support a diverse range of creativity, with an assurance that the creativity inspired remains for generations to access and understand. This may be too much to ask. The idea of balanced public policy in this area will strike many as oxymoronic. It is thus no wonder, perhaps, that the likes of Google sought progress not through better legislation, but through a clever kludge, enabled by genius technologists. But this is too important a matter to be left to private enterprises and private deals. Private deals and outdated law are what got us into this mess. Whether or not a sensible public policy is possible, it is urgently needed. Lawrence Lessig ☀

This is the problem of attention-span. To understand something—an essay, an argument, a proof of innocence— requires a certain amount of attention. But on many issues, the average, or even rational, amount of attention given to understand many of these correlations, and their defamatory implications, is almost always less than the amount of time required. The result is a systemic misunderstanding—at least if the story is reported in a context, or in a manner, that does not neutralize such misunderstanding. The listing and correlating of data hardly qualifies as such a context. Understanding how and why some stories will be understood, or not understood, provides the key to grasping what is wrong with the tyranny of transparency. Lawrence Lessig ☀

Larry Lessig had a dream. In this dream, he was standing on K Street, preaching in the dark. Suddenly, a naked posse on Segways went whizzing by, shining their flashlights in people’s faces. Bystanders were all blinded by these random lights and lost their night vision. When Larry turned around, the naked posse was racing towards the White House for an open government rally, trailed by a screaming mob of marijuana-smoking birthers. Larry Lessig and Naked Transparency ☀

This rhetoric of liberation has led many a talented and idealistic young person to believe that coding, especially for free, is a political statement. In the guise of an anti-establishment, scrappy, can-do underdog attitude, LL [Lawrence Lessig], KK [Kevin Kelly] and their colleagues have created an environment in which well-intentioned people really believe that the commercialization of friendship by Facebook is a democratizing force, that it’s progressive for technology entrepreneurs to make billions from the work of artists who get nothing, and that posting book reviews on Amazon and movie reviews on Amazon-owned IMDB is contributing to a public good. In which otherwise intelligent people believe that Google and Twitter are somehow morally different from Microsoft and Wal-Mart because their employees are younger and because they use phrases like “radical transparency” without living up to them. Some of those young people have created great things. Others have been suckered into digital sharecropping efforts believing that they are doing something worthwhile, painting a fence for some Tom Sawyer with a venture capitalist behind him who makes a mint off their efforts. And others have become those rich young men (almost always men) with their private jets. Whimsley ☀

It is a fact that in America the term “socialism” is a smear. I’m not defending that fact. I wouldn’t give up defending programs merely because they could be so smeared. But I do think that now is not the time to engage in a playful redefinition of a term that has such a distinctive and clear sense. Whatever “socialism” could have become, had it not been hijacked by revolutions in the east, what it is in the minds of 95% of America is not what Wikipedia is. And indeed, when I look around at the real socialism of the past decade, I am almost Declan-esque in my revulsion towards it: America has plenty of “socialism.” The most recent versions we should all be very skeptical of. This is the general practice of socializing risk, and privatizing benefits. I’d be happy to join the “anti-socialist” movement if we could agree to end that perversion first. But that deal notwithstanding, I will never agree to call what millions have voluntarily created on the Net “socialism.” That term insults the creators, and confuses the rest. Lessig ☀

If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density at any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Thomas Jefferson ☀