The Lords

I suggested in a comment at Tim’s that unicameralism would be OK, so long as it means getting rid of the House of Commons.

I was mostly joking. But maybe it’s worth thinking about.

On the anti side, there’s this amendment by the Lords to the Criminal Justice bill creating penalties for “Recklessly disclosing” personal data.

In order to rule that something is reckless, you need to have some idea of what normal practice is, to contrast against recklessness.

But in handling of data, there practically is no normal practice, and what there is is mostly terrible. We in the IT industry just make it all up as we go along. That’s what being such a young, fast-moving profession is all about. The high-profile failures that we’ve seen have been notable more for bad luck than for being worse than the rest of the industry.

I’m not saying that the current situation is satisfactory. But slinging around vague terms like ‘reckless’, outside of the context of the Data Protection Act which, for all its faults, at least tries to define the concepts it deals with, will not improve anything.

Business IT does not work to a level of reliability adequate for protecting confidential data, or for other critical functions. If we were to operate on a similar basis to the people who write software for planes or power stations, costs and delays would increase to the point where 90% of what we now do would simply not be worth doing.

And that has to be the answer for confidential personal information. If it really needs to be secret, it shouldn’t be on commercial-grade IT systems in the first place. If the state or a private business collects it, don’t be surprised when it leaks. Most of the time, the recklessness is in collecting it in the first place.

Back on unicameralism, I think the reason for this mistake by the Lords is a desire to defeat the government, to make them look weak, to get more votes. So if we didn’t have a Commons, we wouldn’t have had this bad amendment.

Perhaps.

Democratic Legitimacy

I said before that I think democracy is a trick, but a necessary trick: a free prosperous people will attempt to overthrow the government unless they think they control it.

I don’t think they really can control it, because the class interests of politicians are so much in conflict with those of productive people that they overwhelm other distinctions. They only situation in which a government can genuinely act in the interest of a class wider than just politicians is when there is a larger class of relatively powerless people – slaves or peasants – who would be a threat to a divided ruling class. That is the characteristic of democracies before the twentieth century.

Any stable government must therefore either fool the people into thinking they have control, or else deny them the freedom and prosperity which makes them capable of temporarily taking over.

The point of democracy’s illusion of control is not to make people think the government is good (there are limits even to illusion), but to make people think it is legitimate. Legitimacy buys government the tacit support of the indifferent, and makes it very difficult to overthrow.

If the population were both informed and rational, they would reject the concept of legitimacy, but would tolerate government unless it were sufficiently bad as to be worth paying the (very high) cost of a revolution, just to replace it with another government that would be no more legitimate, but possibly less bad.

What I am afraid of, therefore, is not that people will become informed. I am afraid that people will correctly reject the legitimacy of democratic government, while incorrectly hanging on to the concept that government should be legitimate. That is the stage that would produce a fruitless and hugely destructive search for a genuinely legitimate government.

Government is not the servant of the people. It would be nice if it were, but it would be nice if internal combustion engines ran on water. Any theories about what government should do to best serve the people, whether good or bad, are of no more relevance to the real world than are strategies for playing video games. In the real world, governments are gangs of thieves, and cannot be anything else.

This line of thinking is as usual influenced very strongly by Unqualified Reservations, but I like to think I was beginning to head in this direction already.