In his 1996 State of the Union address,
Bill Clinton famously declared that "the era of big government
is over." Grounded in an ideological (or more cynically,
poll-driven) aversion to a large federal bureaucracy, this statement
also represented a summation of the conventional wisdom. Advances
in information technology and the growth of the Internet would
drive devolution, the systematic "return" of authority
and decision-making from Washington to state and local governments.
The conventional wisdom of the devolving power of the Internet
lives on today. The theory is that state governments, with increased
capacity to administer and manage policies thanks to the reduced
expense of information technology, can now administer programs
that would have been overwhelming in the past.
Other continents are experiencing a different type of devolution.
Separatist movements from the Basque region of Spain to the
bloody Congo of Central Africa are tearing at nations along
religious and ethnic lines. The Internet, it is said, contributes
to the breakup of the power of governments by weakening citizens'
sense of national identity as it unites people with common backgrounds
or interests who are divided by accidents of political geography.
The lesson of e-crime The recent "denial of service" attacks on prominent
Web sites including Yahoo! and eBay and the federal response
they prompted help to refute that thesis, however. As the reaction
to these attacks show, as it matures the Internet is more likely
to consolidate than splinter political power. Local, state and
even national governments are incapable of regulating behavior
that spans jurisdictions. Thus a higher power must pick up the
slack.
Why does e-crime invariably prompt a federal response even
though most law enforcement in the United States is carried
out at the local and state level?
Critics of the Clinton administration's proposed "cyberforce"
to fight information warfare and rules that would require manufactures
to make eavesdropping-friendly home computers say that Internet
crime is merely a convenient and exaggerated pretext for bringing
Big Brother to the Internet. Perhaps, but the Web is hospitable
to a range of criminals including devious hackers, scam artists,
data thieves and pedophiles precisely because it can shield
them from law-enforcement authorities. Because transactions
are conducted across borders, frequently anonymous and difficult
to trace, the federal government is better positioned to track
and prosecute all types of Internet criminals.
The recent assertion of federal authority in response to the
hacker attacks is only the most visible federal Internet crime-fighting
activity. Many agencies are staking their claim. For example,
the FBI has proposed a Federal Intrusion Detection Network (FIDNet),
which would facilitate tracking of Internet usage to prevent
attacks similar to those recently publicized. Already the FBI's
Innocent Images program targets online pedophiles and child-pornography
traffickers. The Securities and Exchange Commission (SEC) is
cracking down on "pump-and-dump" schemes in which
purchasers of cheap stock make profits by spreading false rumors
on the Internet to inflate their portfolios value. A group of
Georgetown Law students were recently snared running such a
scam. Even the Food and Drug Administration is online, pursuing
sellers of medication that do not require validated prescriptions
for Web sales. These criminals, like other con artists and flim-flam
men who use the Internet to elude state and local authorities,
are best countered by the federal government.
The logic of "federalization" does not end at our
national borders. Noting the spread of international criminal
networks that utilize the Internet, Attorney General Janet Reno
called for coordination among international law enforcement
agencies and prosecutors through a proposed initiative called
LawNet. The United Nations, the favorite bogeyman of those who
warn against government expansion, has launched "Innocence
in Danger," an initiative targeting international trade
in child pornography. The Echelon Project, a network of national
intelligence agencies that has recently received unwelcome publicity
in Europe, shocked many who were skeptical of large-scale international
coordination. Using Echelon, the U.S. National Security Agency
(NSA) screens thousands of communications, including e-mail,
in an effort to identify international terrorists before they
strike.
The consequences of governmental shift
The erosion of political boundaries by technological development
is part of an historical pattern that has over the years reshaped
the United States government. The rise of railroads and interstate
commerce brought about the first major assertion of federal
power. The Interstate Commerce Act of 1887 was passed to bring
order to the chaotic climate of the burgeoning industrial economy.
Electronic commerce may require a similar response. If the Internet
economy takes off as promised, the reduction in sales-tax revenue
for states and localities could be crippling. One solution,
a federally administered national Internet tax system, is getting
less and less far-fetched every day. Even Virginia Gov. Jim
Gilmore (R), chairman of the President's Commission on Electronic
Commerce and champion of the current moratorium on Internet
taxes, has acknowledged the possibility of Internet taxes in
the future. To avoid complicated state-by-state taxation of
e-commerce, Uncle Sam would have to intercede. In marked contrast
to the promised "devolution revolution," Congress
could redistribute this revenue to the states to suit federal
policy interests.
The consequences of authority's upward migration could be considerably
more disquieting outside the United States. As policy responsibilities
shift to national and international bodies, remaining governments
will struggle to justify their existence -- with potentially
devastating consequences. Local governments will continue to
meet people's need for policing, sanitation and transportation
thus preserving their relevance, argues Alan Ehrenhalt, editor
of Governing magazine. Regional and national governments, however,
will have less clearly defined functions. The danger is that
appeals to narrow, xenophobic views might prove an expeditious
way to hang on to power.
Is this a real danger? Perhaps not in the United States for
a couple of reasons. First, demagogues have never been terribly
successful at the national or even regional levels. Second,
Americans long ago transferred their primary allegiance to the
nation from particular states. Thus the transfer of more authority
to the federal government is notable but not jarring. In other
contexts, however, neither point holds. It can hardly be regarded
as coincidence that Joerg Haider's Freedom Party rose to participation
in the governing coalition of Austria just as the EU was acquiring
more meaningful power. The Internet can only serve to heighten
the tension brought about by cession of political authority
to transnational bodies at a time when people are reconnecting
with their ethnic and cultural heritages. Thus such "Haider
problems" are not likely to be infrequent anomolies but
common features of the coming political age.
Copyright 2000, Intellectual Capital
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