No to Peace in Colombia?

In the four years that it took to negotiate this peace deal, Colombia has been moving inexorably towards October 2, the day that the people could have their say about the deal that would end the five-decade long war. The polls predicted an easy win for the “yes” side. The government’s negotiators and the guerrillas (FARC) campaigned for a strong “yes” vote. This was the best deal that could be had, they said.

There are around 34 million Colombians eligible to vote out of a population of around 48 million. My own prediction was that about half of that would vote in the referendum and around 70% of them would vote “yes”.

But the ‘No’ won with 6,422,136 votes, defeating the ‘Yes’ who came in with 6,361,762. A difference of 60,374 voters. A difference of less than half a percentage point of the 12.8 million who voted. An even smaller fraction of the 21.2 million who didn’t vote.

With peace at stake, why was abstention so high? High abstention is a feature of recent elections – it was high in the 2014 election as well – with 32.9 million eligible voters in 2014, just 14.7 million voted, and only 7.8 million of those voted for the winner, President Santos.

But Santos and the peace bloc weren’t able to get that number to vote “yes”. What happened?

The polls predicting an easy “yes” victory may have played a role. Why would “yes” voters feel the need to vote if the outcome was a foregone conclusion? The “no” side, by contrast, was mobilized by the ever-polarizing ex-President and war candidate Alvaro Uribe Velez.

The areas most affected by the war voted “yes”, while most of the cities voted “no” (Bogota and Cali, however, voted “yes”). Hurricane Matthew may have played a role, since the Caribbean Coast has been severely affected by the war and was expected to be a “yes” stronghold.

Disenchantment with the process played a role. After four years of negotiations, the people were being asked to show up to rubber-stamp a process the parameters of which they did not have a say in setting. Most of them chose not to show up at all, and half of them voted not to give the rubber stamp. Though Colombia’s social movements voted “yes”, they had critiques of the process – that the war against the people would continue under this peace, that the economic model had been left untouched, that their voices were heard only in tokenistic ways at the table. These feelings, and not just the right-wing opposition organized by Uribe, may have contributed to the lack of enthusiasm for the “yes” side.

Before despairing of eternal conflict, however, let us clarify what this result was and was not.

It is certainly not a mandate for war. At a virtual tie (50.23% no, 49.76% yes) and with almost twice as many abstainers as voters, this can only be read as a sign of division and a lack of consensus, not the unequivocal statement of a vengeful electorate.

It is not driving FARC straight back into the jungle – certainly not right away. FARC immediately communicated that they view this result as a sign that they must work even harder for peace, and reiterated that they will continue to use only words as their weapons in the days ahead. The cease-fire stands. The negotiators will be back in Cuba this week.

President Santos walked out of the palace to a spontaneous demonstration of people chanting “We Want Peace! Not One Step Back!” and told them, and the media that he would continue to work for peace and that the peace process would continue to move forward. His next step was to call a meeting of all political parties to find a consensus process to move forward. It is unfortunate but inevitable that Uribe’s spoiler party will have to be a part of this process.

The most likely way forward will be to try to make adjustments to the accords that will make it acceptable to at least a substantial number of the “no” campaigners and try to pass them. The “no” side’s main issues were with the “transitional justice” proposals for guerrillas who had committed crimes, with some of the land reform and redistribution proposals, and with the conversion of FARC into a political party. Unfortunately these were also the key points making the deal acceptable to FARC – so the work of making the adjustments will not be straightforward or easy.

One of the campaigners for the peace deal, liberal former senator Piedad Cordoba, tried to find a silver lining, telling TeleSUR that voters had given Colombians an opportunity to dialogue again. Perhaps the “yes” side took the support of the people for granted. As the process moves forward after this turn, proponents of peace are unlikely to forget this hard lesson.

Elections Theater: Are fair elections too hard for the international community to manage?

For the past eleven years, since the coup and overthrow of the elected government in 2004, Haiti has been deemed so dysfunctional, so failed, a state, that the international community has decided to run it directly. UN troops patrol its streets. Nongovernmental organizations oversee most aspects of social provision. Donors provide the finances. The resources and reach of the government is limited. There were elections in 2010/11 and there will be a runoff presidential election at the end of December – both of these took place under this limited-government, maximum-international-community, regime (which could be called ‘donor rule’ and which I have called ‘Haiti’s New Dictatorship’). The 2010/11 elections were politicized and unfair. They banned the most popular party, Fanmi Lavalas, from running. The first round of the current elections have been characterized by massive fraud, and Haitians know it. They have no confidence in the elections. They are protesting, and their protests are met with tear gas from police – one of the few things that the government is allowed to do (though this important duty is often shared with the UN).

Some observers may throw up their hands and say, how could you expect credible elections, Haiti is a poor, dysfunctional country. But Haiti has had fair elections – they occurred in 1995 and in 2000, before the UN took over. The international community, which has been governing Haiti directly since 2004, is the body that is incapable of running a fair election. As in Haiti, so in Afghanistan, where the 2014 presidential elections were won by Ashraf Ghani, after which the international community imposed a power-sharing arrangement with the loser, Abdallah Abdallah. An extraordinary agreement was brokered as part of this, that the exact vote totals would not be made public.

The first-world version of what is happening in Haiti and Afghanistan is what Tariq Ali calls the Extreme Centre, in which political parties are indistinguishable from one another on most important issues, and alternate in power. Under such conditions, with major issues out of contention, fair elections are acceptable to elites.

The rich Western countries have their own problems with elections, of course. The most famous case was the US presidential election of 2000, with voting machines and ballots that were made incomprehensible for voters, supreme courts intervening to prevent recounts of votes, and other stranger-than-fiction happenings. Electoral cheating in Canada in 2006 and 2011 was relatively minor by comparison. When Jeremy Corbyn became the Labour leader in the UK, a general there told the media casually that there might be a military coup if he ever won a general election.

If electorates could be relied upon to do the right thing, then there would be no need for cheating by those in power. Many tyrants have mastered the art of elections theater: Egypt’s President Sisi managed to win the 2014 presidential election with an astounding 96.91% of the vote. Syria’s President Assad held elections in 2014 in a country where most people were running for their lives, and in which his army and its opponents were slaughtering large numbers of voters. He won a remarkable 88.7% of the vote. Rwanda’s Paul Kagame, who recently got term limits lifted so that he (and he alone) can keep running for president, won the 2010 election with 93%. Kagame’s neighbours, Joseph Kabila in the DRC and Yoweri Museveni in Uganda, use some of the same techniques, including arresting opponents and terrorizing the press, but they have had much more modest success (Museveni only won the 2011 election with 68%, Kabila won the 2012 election with a mere 48.95%).

Some countries don’t bother with the pretense. Two examples: Israel doesn’t pretend to give the Palestinians of the West Bank and Gaza, whose lives it controls to the last detail, any say in how they are occupied. Saudi Arabia is an absolute monarchy, one that also schedules beheadings and crucifixions of youths like Mohammed Nimr, who is still very much in danger. The Western governments that watch keenly and comment severely on the fairness of elections in countries like Ecuador and Bolivia do happy, multibillion-dollar business with apartheid Israel and the Saudi Kingdom.

But the pretense clearly does matter. Very few countries get the kind of immunity that Israel or Saudi Arabia do. Despite the openness of the fraud and the incredibility of the results, most dictatorships do hold electoral exercises. In most cases, the appearance of electoral legitimacy is important enough to keep up elections theater, even if electorates are not powerful enough in many places to actually impose their will through elections.

On the other hand, there are still fair elections, ones where the electorate actually has a say. One example: Narendra Modi’s BJP were surprised to lose the recent elections in Bihar, in which the electorate gave their verdict on the BJP’s unsubstantiated claims of development and their anti-secular, divisive program. Another example: while the wealthiest and most powerful nation in human history continues to struggle with incomprehensible combinations of paper ballots and voting machines, Venezuela has managed to create a voting system that is very difficult to defraud (and I believe that at least at one time its voting machines were made in the USA – at least the machines contributed to fair elections somewhere).

Even these real elections pose dangers, because the belief in electoral legitimacy is not shared by all contestants. The BJP’s desire to make India a Hindu nation conflicts with India’s democratic constitution. If the Venezuelan opposition comes to power in December, it is unlikely that it will respect the constitution or maintain the integrity of the electoral system.

Elections matter. If they didn’t, there wouldn’t be so much effort put into manipulating them, limiting options available to the electorate, and preventing them from being free. Nor would so many tyrants still feel they need to go through the motions of demonstrating that they have elections, however unfree. But a world of free, fair, meaningful elections with choices for voters is still a distant utopia.

And even where there are relatively fair elections, good electoral systems are always at risk. Electoral systems are not technical matters run by disinterested parties. They are political, which is why even the most disinterested-seeming parties, like the international community ruling Haiti, can’t seem to get them right. To get them right, the international community would have to value Haitian democracy more highly than its own continued rule, and believe that Haitians had the right, and the ability, to make their own decisions about their government. That kind of democratic feeling is surprisingly rare, especially among those who have grown accustomed to ruling, unelected.

First published on TeleSUR English: http://www.telesurtv.net/english/opinion/Elections-Theater-20151126-0008.html

Why leftists should read John Ralston Saul — critically

John Ralston Saul — author, president of the writers’ organization PEN International, and former vice-regal consort to former governor general Adrienne Clarkson — has had considerable influence in Canada and elsewhere. His unique style of writing can be recognized after just a few lines. He is hyper-educated, filling his work with references from the West in the 1600s to the present day, with the occasional leap back to the ancient Greeks or Romans. He takes a much broader historical sweep than almost any other writer who touches contemporary topics. [1]

Read any of his books, and you will come away with new stories: about a French resistance fighter during WWII named Jean Moulin, about a female contemporary of St. Francis of Assisi named Elizabeth of Hungary, about the 18th-century Corsican patriot Pascal Paoli. You can read about how ancient Greece’s civilization began to flower because of the cancellation of debts by Athenian statesman Solon, or how the current period of globalization looks from New Zealand and Malaysia.

In a series of books about Canada, he has resurrected the history of responsible government and the political leaders Louis-Hippolyte LaFontaine and Robert Baldwin, arguing they showed the world that you could “talk your way out of the Empire,” a method that was adopted by dozens of other countries after Canada showed the way.

JRS brings fascinating characters to life, as well as tragic statistics. From one of his books I found out that in some years Alberta brought in more money from gambling revenues than from tar sands royalties, so low were the royalty rates and so high was the stealth tax set up through promotion of gambling among society’s elderly and vulnerable. Elsewhere he describes how Canada entered a health care crisis not because single-tier public health care is unaffordable but because of a decision in the 1990s to lower the number of doctors available to the population.

A central point he returns to in all his work about Canada is the need for Canadians, especially elites, to shed their inferiority complex relative to the United States, United Kingdom, and France. Canada is an interesting place, with a basis to build a better relationship between Indigenous people and those who have immigrated here than exists in most other places. The betrayal of that relationship, and the possibilities for repairing it, the responsibility for which lies on the non-Indigenous population, is the theme of his latest book, The Comeback.

In two major critical tomes, Voltaire’s Bastards and The Collapse of Globalism, JRS criticizes Western society for being out of equilibrium. Balanced humanism, he argues, requires the exercise of six human qualities: common sense, ethics, imagination, intuition, memory, and reason. Our society has held reason above all else, leading to pathologies in every part of life, from politics to economics, from war to the arms trade, from NGO activism to academia.

Part of why it’s so valuable for leftists to read JRS is that he starts from a different place and uses different referents, yet comes to many of the same conclusions. He advocates democracy, inclusion, the public good, and egalitarianism, but eschews what he calls ideology with a phrase he constantly invokes: “whether of the left or the right.” Thinking about these values and ideas and how they relate to leftist values of equality and solidarity, about how his stories relate to the ones we constantly return to, is a valuable part of the kind of dialogue and debate that JRS advocates.
Stories untold

While the absence of almost anything leftist means there is usually a lot in JRS’s work that leftists don’t know about, it also means that he paints an incomplete picture.

The remarkable story of the late Venezuelan president Hugo Chavez includes the exercise of many of JRS’s six human qualities. Chavez worked as an instructor in a military school, attempted a coup against a corrupt neoliberal regime, took personal and public responsibility for it and went to jail, came out and explicitly rejected the armed path to power, and helped lead a movement that has, by any definition, advanced the public good in Venezuela and in Latin America. But JRS dismisses Chavez as a “nationalist populist.”

Cuba, with its extraordinary health care system and genuine south-south solidarity in countries such as Haiti, a place where thousands and thousands of Canadians travel to as tourists every year in defiance of the U.S. blockade, is never mentioned.

Haiti, whose elected government was overthrown in 2004 in one of the most disgraceful operations Canada (and the United States and France) has been involved in recently, is also never mentioned. Nowhere in JRS’s remarkable array of stories appears the astounding history of the indemnity extracted by France from Haiti for the crime of leading the first successful slave revolt and liberating itself. Toussaint L’Ouverture, who led Haiti’s fight for freedom, does not get to be one of the characters JRS brings to light. Neither does Charlemagne Peralte or Bolivar. Too bad for us, because I bet JRS could have made connections that the rest of us missed.

The Zapatistas explicitly used “their word as their weapon,” and their uprising was one of the first and most original and powerful indigenous uprisings to repudiate globalization. The solidarity movement included thousands of Canadians, including many Indigenous people. Yet in his book The Collapse of Globalism, JRS dismisses the Zapatistas as having launched “an old fashioned bloody uprising in Chiapas.” Couldn’t we expect more respect for an uprising that was all about the power of words and the dignity of Indigenous people from the president of PEN, someone who is trying to argue to Canadians that Canada needs to change its relationship with First Nations?

Can a discussion of the collapse of globalism proceed in an informed way without any of these reference points? It evidently does. But there is a great deal lost in the process, and the result, one might say, is unbalanced.
A calculated monstrosity

The ethical imbalance shows up in JRS’s discussion of military issues, which runs through several of his books and was put together in his famous 2004 lecture at Canada’s military college, “A new era of irregular warfare?” Insurgency and counterinsurgency are the mainstream form of conflict in today’s world, he argues, because of the vast superiority of Western armies and the consequent inability of those who face Western armies to meet them head-on. Western armies continue to ignore this and prepare for WWIII, not thinking about how to deal with insurgencies, including addressing root causes and looking at political solutions. (These latter points are more implied than directly made by JRS).

And sure, it is certainly possible that the West’s bloody campaigns in Iraq and Afghanistan, and Israel’s wars against the Palestinians and Lebanese, proceeded without careful thought about insurgencies, without much thought at all about the political and human costs of Western actions in those countries.

But it might also be possible that Western counterinsurgents have thought about this a lot and act with indifference to civilian lives, in order to secure their interests in those parts of the world. Reading Eyal Weizman’s Hollow Land, or Breaking the Silence’s recent report about how the Israeli army fought in Gaza in August 2014, you don’t get a sense of people who haven’t thought about counterinsurgency.

You get the sense of people who have thought a lot about how to be aggressive against defenceless populations. You get a sense of people who have applied their minds and their vast resources to precisely that problem, with precisely the monstrous results that we see.

Of course, JRS barely ever touches Israel or Palestine, as to do so would be to drive himself straight out of the mainstream. (He did, in 2013, add his name to an open letter signed by Canadian writers opposed to Israeli evictions of South Hebron Palestinians and Negev Bedouin.) It’s too bad, because his writing on the subject would be interesting.

Applying his values and arguments to the Israel-Palestine conflict might have him arguing for a bi-national state, or an inclusive solution that treats everyone like human beings. He might find obscure stories in Jewish or Arab histories of hope, or examples from other parts of the world of a “positive nationalism” that could override the “negative nationalism” currently deployed to devastating effect against Palestinians.

None of this would help him against the organized pro-Israel forces that would go after him, forces that include most of the Canadian political class including its prime minister and challengers. But as the president of PEN, which advocates for freedom of expression, and as an author who has repeatedly talked about the importance of courage for writers, he could be expected to take a stand, at the very least, against Israel’s very detailed and constant war against Palestinian writers and culture.

JRS, or at least readers who rely on him, ignore Israel and Palestine at their peril. In The Comeback, JRS argues that the inevitability of history is on the side of Canada’s Indigenous people. They are making a demographic, civilizational, and political comeback, and non-Indigenous people can accept it gracefully or disgracefully, but they are going to have to accept it. (This position on the inevitability of history is one JRS made fun of in The Doubter’s Companion, specifically making fun of Marxists, lumping them in with neoconservatives).

But that isn’t true. Canada could treat Indigenous people as a military threat (read Douglas Bland’s novel Uprising for a fictionalized scenario along these lines) and try to contain them, denying their rights while stealing ever more of their land and resources. There was a time when Canada, Israel, and South Africa shared information and ideas of how to suppress indigenous populations. South Africa has exited the club, but it didn’t disband it — and Israel and Canada are closer today than they ever were.

Even if Canada’s approach to Indigenous people does not worsen, JRS’s ideas may be insufficient to make it better. Radical critics of The Comeback, Hayden King and Shiri Pasternak argued in the Literary Review of Canada that while “to a large extent” JRS “gets it,” his proposed remedies at the ballot box and in the courts have so far led mostly nowhere and will continue to lead nowhere for Indigenous peoples unless there is a “Canadian comeback” that allows society to move away from “the mythologies of liberal capitalism.” They contrasted JRS’s ideas with those of Indigenous scholars Glen Coulthard, Audra Simpson, and Leanne Simpson, whose recent books offer a deeper re-envisioning of the relationship between Indigenous and non-Indigenous in this country. [2]

When JRS discusses the Rwandan genocide and the Democratic Republic of Congo, he does so in a fairly schematic way, taking the perspective of Canadian general Romeo Dallaire. He concludes that the West’s slowness to act was the problem. But Alan Kuperman, in his book The Limits of Humanitarian Intervention, argued that a small intervention could have saved lives, but not prevented the genocide. Meanwhile the West’s unconditional support for Rwanda’s ruler, Paul Kagame, since before the genocide was a contributing factor in what happened and the decisive factor in the mass deaths in the DR Congo from 1996 on.

Adding Georges Nzongola-Ntalaja, Rene Lemarchand, Mahmood Mamdani, and Fillip Reyntjens to his reading list would round it out enough for JRS to see that the problem was not speed, but an intervention into Rwanda’s civil war and then Rwanda’s proxy wars that was guaranteed to produce mass deaths but which, because it did no harm to Western interests, was, for the West, free of consequence.

JRS’s military analyses have two problems. First, as discussions of whether the counterinsurgency strategies and interventions work or don’t work, they ignore the illegitimacy, the criminal nature, of these interventions and their unavoidable devastation of civilian populations. Second, they lead to some pretty weird political places. Instead of a straightforward anti-war or anti-imperialist view, JRS’s readers might end up demanding of their elected officials improved counterinsurgency doctrine and practice.

Such demands would be to the benefit of no one, the public good least of all.
A fictional view of capitalism

Another imbalance in JRS’s writing is in his discussion of economic matters. Unlike most writers, he is able to discuss taxes with minimal rationality, without the kinds of crazy taboos that surround most discussion of taxes. I think that his persistence in discussing taxes this way over the decades (along with others such as Linda McQuaig) has played a role in the fact that politicians can finally start to make arguments about taxes in public.

JRS criticizes the West for letting the Third World debt continue, despite how simple it would be to write off. He criticizes the West for creating an arms industry for export, creating an economic incentive to feed violence all over the world. He criticizes narrow views of society, what he calls the “economic prism” approach, which see people as essentially self-interested.

In Canada, he criticizes the elite for stealing the wealth of indigenous lands and denying Indigenous people the benefits of that wealth. These failings he attributes mainly to a narrow form of reason and to what he calls managerialism. The economy is run by managers, he says, not by real owners or capitalists.

Capitalists, as opposed to managers, take risks, and with their own money. They expose themselves to the market and to competition. Managerialism has marginalized these real capitalists, JRS argues. But this view of capitalists is fictional, perhaps one of JRS’s “positive myths.”

When JRS quotes such “real owners,” he quotes people like Peter Munk, whose Barrick Gold is currently making fortunes despoiling indigenous territories in various parts of the world, and whose board has a revolving door for Canadian politicians. At one point JRS quotes Jonathan Nitzan and Shimshon Bichler, who analyze the behaviour and strategies of real capitalists, who are, as theories from two centuries ago predicted, primarily interested in accumulating fortunes at society’s expense, not making useful products, creating wealth, or exposing themselves to competition.

Nitzan and Bichler also analyze what they call the weapondollar-petrodollar coalition, an economic bloc involving flows of weapons from the West, oil from the Persian Gulf, and dollars back and forth, which JRS also has written about in different ways since the 1990s. His criticism of countries including Burma has been stronger and more direct than anything directed at Saudi Arabia. A friend recently pointed out that JRS seems to avoid criticism of Saudi Arabia despite its competitiveness with ISIS for beheadings, its misogyny, its suppression of free expression, and its recent bombing of civilians in Yemen. [3]

This leads to one of JRS’s fundamental points about elites. They can be responsible or not, but in his view, they are always present. But this, too, puts apples in with oranges for comparison.

Leftists, especially anarchists, and indeed any real democrats, seek a society where the only elite is one of esteem, people who might be admired for the exercise of their talents for, well, the public good. Such an elite would be completely different from today’s 1%, with their net worths equal to small countries, pay scales hundreds of times those of the average worker, elaborate webs of deceit to avoid taxes, backhanded benevolence through charity (which JRS rightly criticizes), and ability to influence politics through corruption and patronage.

Calling both of these groups “elites” is confusing and narrows what we might imagine to be possible. JRS would surely not want to limit our ability to use our imagination, to imagine a better, more equal world?
The Supreme Court and Indigenous rights

JRS makes several rebukes against leftists, some of which are well taken. In his discussion of NGOs, he argues that by remaining outside of electoral and democratic contests, NGOs are implicitly arguing that they don’t believe in democratic legitimacy and don’t seek it. He makes an interesting comparison with pre-WWI union-based reformers, who had incredible influence but did not translate it into institutionalized power.

Chavistas in Venezuela, Lavalas in Haiti, Palestinians running for national elections and inside the Israeli Knesset, and the Zapatistas in Mexico have all struggled with this issue intellectually in life-or-death situations. What are the limits of staying outside? What happens when you try to get inside? What is the price of one or the other? Can you keep your integrity?

Another rebuke to the Canadian left and the activist community is the failure to realize the significance of decades of recent Supreme Court decisions that have the potential to change the relationship between First Nations and non-Aboriginal people in Canada. If JRS is right, more of us should be thinking about how to use these judicial decisions as tools to expand indigenous sovereignty. His historical criticisms of 19th-century Canadian leftists Papineau and Mackenzie and their errors are also well worth considering.

An implicit critique comes from JRS’s basic philosophy. Because society is imbalanced, he argues, we have become obsessed with structure instead of content. By content, he means ideas. Most leftists, whether consciously or not, believe in some variation of Marx’s idea that ideas flow from one’s material situation and material interests, and they consequently look for structural problems and solutions.

JRS rejects this view. His books are full of structural critique and, in later books, policy suggestions. But he views bad structures as flowing from bad ideas, while most of us believe the reverse. The difference may not matter very much, since we have to battle with both ideas and structures all the time, but it is there.

JRS has much to offer leftists. The ability to see historical examples in today’s events, to revisit history for both inspirational and cautionary tales, and to weave them into “positive myths” could enrich our thinking. The idea of a balance of human qualities, of egalitarian societies that can bring out the best in all of their citizens — these are as much leftist ideals as anyone’s.

To the extent that his readers can find historical context, or common sense, or surprising facts or stories that help them to resist the mind-numbing propaganda we are all subjected to daily — whether about the latest terror threat or the need for poor people to suffer more to enrich those already wealthy — there is an opening for left values of equality and solidarity to take hold.

So, yes, leftists can learn a lot from JRS. But one of the effects of people like him is to make us look even crazier than we already do. If someone who is willing to criticize everything from the arms trade to the Third World debt to managerialism to our society’s irrational views on taxes, who criticizes the West for its failures in the former Yugoslavia and Burma and Nigeria, who argues for a transformation of Canada into a reciprocal relationship between indigenous and immigrants (and implicitly for an abolition of the settler category), if such a person still won’t criticize Israel, capitalism, Canada’s role in Haiti, or Rwanda’s role in the DR Congo, if such a person can’t see anything interesting in Venezuela, Chiapas, or Cuba, then those of us who do must really be crazy.

Too bad for us? Maybe. But maybe too bad for the elusive public good, too, if leftists and genuine public intellectuals like JRS can’t meet somewhere.

[First published at Ricochet: https://ricochet.media/en/447/why-leftists-should-read-john-ralston-saul-critically]

Notes

[1] Noam Chomsky is an exception. So was Eqbal Ahmad.

[2] King and Pasternak titled their article “Don’t Call It a Comeback,” and in his response JRS didn’t seem to catch the LL Cool J reference. It seems that his encyclopedic knowledge did not encompass Mama Said Knock You Out, an album that came out two years before Voltaire’s Bastards.

[3] There is some indirect criticism though. In a discussion about Ottawa (on pg. 248) in A Fair Country, JRS points out that “Two ugly embassies of dictatorships and one ugly condo… now stand side by side on Sussex Drive with Rideau Hall, 24 Sussex, the National Gallery, Foreign Affairs and the embassies of our closest democratic allies… One of the dictatorships is a particularly fine model of repression when it comes to free speech and women’s rights.” The Ottawa Citizen, reviewing the book, listed Sussex Drive embassies: France, South Africa, Japan, Saudi Arabia and Kuwait. The dictatorships on that list are Saudi Arabia and Kuwait, and the “fine model of repression” is almost certainly, by process of elimination, the Saudi Kingdom.

The North American, All-Administrative University

In his 2011 book The Fall of the Faculty, Benjamin Ginsberg, a professor at Johns Hopkins University, gives an explicit institutional analysis that explains what many faculty in North America have been feeling intuitively as their institutions have changed around them. The main change in universities in recent decades, Ginsberg argues, has been the rise of administrators at the expense of the core activities of the university – research and teaching. It matters, he argues, because administrators and professors have different world views. To professors, the university is a means to certain ends, all having to do with knowledge: the creation of it, the development of it, and the sharing of it. To administrators, teaching and research are means to the institution’s ends. They are business lines, which an institution can take or leave, depending on what suits the current institutional goals (profit, or simply the expansion and growth of the administrative part of the institution). In an administrative world view, then, closing down an english department or a math department and allocating those resources to a parking lot is a perfectly rational thing to do.

The tone of Ginsberg’s book is refreshing, and I suspect very deliberately irreverent. Power in an institution depends on maintaining a mystique of insiders who attend exclusive meetings (retreats, seminars, etc.), who are aware of insider language (including particular fads and acronyms), and hierarchies of titles and authority. Ginsberg describes the administration as ‘deanlets’, and pokes fun at their principal activities, including the production of strategic plans, media relations to maintain an institution’s image, travel to seminars and workshops to meet other administrators in person (even if the topics of these workshops is the irrelevance of in-person instruction in the face of e-learning), and of course, the cultivation of relationships with wealthy donors.

The irreverent tone and the damning collection of facts, figures, and some shocking anecdotes describing the rise and effects of the all-administrative university fleshes out a core institutional analysis of how the administration came to power at the university. Ginsberg points to three key developments. First, administration used to be done by faculty who did administrative tasks for a few years before returning to their scholarly and teaching activities. Today, university administration is an alternative career track. Many scholars who go down the administrative path neither plan to nor do return to scholarship, and slowly become what they are surrounded by. Second, administration has developed independence from the faculty in two key ways: independence from faculty’s administrative work was achieved by expanding administrative staff, and independence from the university’s core mission was achieved by expanding the role of private donors. Even if public funds and student tuition still pay most of the bills, a relatively small percentage of money from private donors buys the administration, and the donors, significant control over the institution’s future.

Ginsberg concedes that faculty are far from perfect. “They can be,” he writes, “petty, foolish, venal, lazy, and quarrelsome” (pg. 201) But with administrative power comes new pathologies. Indifference to the university’s core mission means indifference to academic freedom and the possibilities for real creativity, innovation, and social progress that can result; the treatment of research and teaching as business lines comparable to other activities results in shirking, squandering, and outright fraud and corruption; an administrative philosophy emphasizes preparing students for the workplace in low-level vocational and skills-training instead of thinking of the university as a place for human development, where students can grow and challenge and change their own views and, perhaps even come to think about what in the world they could and should change for the better, with their new knowledge.

An interesting chapter, and one I did not entirely agree with, was the chapter on “Realpolitik of Race and Gender”. In it, Ginsberg argues that students from oppressed constituencies strengthen administrative control when they make alliances with administration against faculty. To Ginsberg, academic freedom includes the possibility of discussing and debating matters that may make others uncomfortable. Democratic rules of debate and discussion, as well as of academic freedom and freedom of expression, should be the guide. The administrative solution, however, is to impose such things as mandatory trainings and Student Codes of Conduct – which, having a shaky legal basis, end up being unenforceable. The fact that they are legally questionable is irrelevant, however, because university administrations only apply these codes very selectively (and, I might add, in a politicized way). My disagreement with Ginsberg in this chapter is relatively minor, but I will note it: it is only that students from oppressed constituencies are more likely to turn to (false) administrative solutions if faculty are unsupportive.

The entire discussion is about a key question: who does the university belong to? Here, we might get some help by bringing in another book, Christopher Newfield’s Unmaking the Public University: The Forty-Year Assault on the Middle Class (Harvard University Press 2008). In it, Newfield discusses the threat of vast social change posed by the possibility that everyone in society might join the middle class by universal access to higher education. To Newfield, attacks on faculty privileges, on the obscurity of today’s scholarship, on the humanities and basic sciences themselves, on the attempts to use affirmative action and other tools to make the university truly inclusive – all of these were tools to stave off the prospect of a universally educated, multicultural middle class, with the capacity to shape and change the direction of the whole society. The ideas used to help roll this possibility back included: the notion of a meritocracy, in which the talented rose to the top in a society based on competition; the acceptance of inequality as a fact of life; the notion that market and business outcomes were the final arbiter of what was worth learning and thinking about. I would argue that, to the extent that faculty accept these latter ideas, we are undermining our own autonomy, our own academic freedom, and our own ability to contribute to the development of society through our scholarship and the development of our students through our teaching.

Returning to Ginsberg, who has his own ideas about what faculty have done wrong to facilitate the rise of administrative power. First, faculty have become too comfortable allowing administration to be done by others. Too busy to go to meetings? Too busy to take a part-time administrative post for a few years? Someone else is waiting to make those decisions for you. To take control again, faculty have to become more active – at all levels, but especially on boards of trustees. Faculty have to keep control of teaching away from external and administrative bodies. Second, faculty have succumbed to pressures to produce so many PhDs that the powers and freedoms academics were able to negotiate decades ago when PhD graduates were scarce have been eroded, in part because professors lack the power they had when there was no “reserve army” for universities to rely on. Administrations know that for every tenured academic in their system, there are others with PhDs who are struggling in the part-time, by-course system without any academic freedom or the hope of tenure. Ginsberg concedes that this point, and the idea of supporting the reduction or closing of many PhD programs, constitutes “especially bitter medicine”, and he has no obvious solution, only hope that through “regular two-way communication, members of the faculty and university boards might discover a formula for abating this unacceptable state of affairs.” (pg. 215)

To Ginsberg’s suggestions about what faculty need to do differently, I would add one: as a cantakerous bunch, faculty disagree with one another about many things, from curriculum to labor relations to politics in Israel/Palestine. If faculty cannot have these debates openly and according to democratic and academic norms, and instead seek to use administrative solutions on those whose politics they abhor, they are, again, undermining their own place in the institution, as well as the core mission of the university. If we use – and model – academic principles and respect free expression in debates with those we disagree with, we will be in a much better position to defend these principles against encroachment when our own interests are attacked.

Ginsberg’s arguments were built on evidence from U.S. universities, but to anyone working in a Canadian university, almost everything he describes is eerily familiar and frightening. I have been recommending his book to everyone because, as he says, “the university can be a marvelous institution”, and one “well worth protecting” (pg. 219)

First published on TeleSUR English: http://www.telesurtv.net/english/opinion/The-North-American-All-Administrative-University-20150325-0044.html

The Tuition Trap, as discussed by Christopher Newfield

I’ve been thinking about Chris Newfield’s 2008 book Unmaking the Public University a lot lately, and I wanted to reproduce one great quote from page 182, about what he calls “the tuition trap”: how by raising tuition fees, public universities undermine the case for public funding for universities, which shortfall they make up by raising tuition, undermining the case for public funding…:

“The tuition trap goes like this: The public is worried about college affordability, but its public university raises its fees. The university thus implies it does not actually depend on public funding, since it has the private resource of higher tuition at its fingertips. The university may also deepen this impression – that it can do without more public funding – by saying how good it is in spite of public funding cuts. Even worse, it may declare strong public funding a thing of the past in order to justify tuition increases or expanded fund-raising. Taxpayers then reasonably ask, if the university does not need more money, why does it keep raising fees? And since it keeps raising fees, why should we give it more public money?”

He goes on:

“If the university is just another cog in an economic system that is about getting ahead, charging as much as you can, maximizing your returns, and buying your way to the top, why should the general public pay for it?”

Both quotes from pg. 182.

Universities could be very valuable, making huge contributions to the general development of society and accessible to all. For that to happen, public universities have to get out of the tuition trap.

York strikers show the way — now let’s build a truly public university

Protracted labour dispute raises questions of post-secondary governance and funding

The strikes at York University, the University of Toronto, and elsewhere have opened a long overdue debate about student debt, precarious labour in the academy, rising tuition, and, to a lesser extent, university governance. The York University strike offers an opportunity to argue for the continuing relevance of universities as public institutions. The importance of the public in the public university is especially true for York, which, if it embraced its role as such, could tackle a new list of issues and lead the way for other educational institutions.
Precarity, debt, and defensive struggle

York’s contract faculty are the precarious academic labourers whose difficulties have been brought into some public light by the York strike and other labour actions in North America. The contract faculty settled earlier in March. The teaching assistants and graduate assistants had to battle on until the end of the month to win their objectives.

Although the strike ended in a victory, the struggle was mainly defensive. In previous contracts, the union on strike at York, CUPE 3903, won a funding package that includes work as a TA (or, for work outside the classroom, as a GA). The total package offered to a student is usually in the range of $12,000 to $18,000 for the year. Out of this, a domestic student has to pay around $6,500 tuition. International students might get the same package, but their tuition is much higher — somewhere around the size of their whole funding package.

Students are eligible for such funding only if they have full-time status. If they work more than 10 hours per week outside of their studies and on-campus jobs as TAs or GAs, they are ineligible. So, when the administration presented the claim that TAs were getting paid $52/hour, they neglected to add that this was up to a hard limit of about $9,000 for a year. In order to get this $52/hour, students had to figure out how to live on about $30/day (or, for international students, $0/day). Of course, students could take on additional debt, the implicit solution that university administrations continuously try to impose on students.

The union did not go on strike trying to get its members out of this low-wage situation. The union went on strike because management was trying to assert its right to raise tuition while maintaining the funding package at the same rate.

This is the indexation issue that management avoided discussion of for a month, the gain won by the union in previous strikes that management tried and failed to roll back. Indexation means that if the university wants to take more from TAs and GAs in tuition, it also has to pay TAs and GAs more money so that they can pay the university. Losing indexation would have meant that, rather than helping TAs and GAs subsist, their work on campus would merely give them the slightest reduction in the massive debt they would incur while studying.

The U.S. and U.K. systems, in which students at all levels incur ever more massive debt while receiving less and less, and with fewer and worse prospects after graduation, seems to be the model. The striking workers successfully held the line against that erosion.

The academic and the administrative

The York strike also highlighted the problem of a university no longer under academic control. This issue is of more public importance than it may seem on the surface.

Unlike most workplaces that are under the uncontested control of managers, at universities the struggle for academic freedom has been linked to another struggle, that for collegial governance, the idea that academic matters should be under the control of academics (faculty and also students) and not under the control of managers.

Defending collegial governance involves constant battles over policies and procedures, careful readings and debates, and can seem arcane and obscure to the non-university public. But collegial governance, like academic freedom, is an important thing for society to have, and it deserves some public attention — and protection. Let us look at it in the context of York’s strike.

The first way that the administration has strengthened itself has been by moving money. The erosion of the university’s teaching budget has been accompanied by an expansion in the administrative share of the budget. Budgets are contentious and political, and university administrations contest the notion that they are bloated at the expense of the university’s core activities. The analyses are worth looking at: Benjamin Ginsburg describes the growth of university administration at U.S. universities in his book The Fall of the Faculty, and scientist Bjorn Brembs tackles the issue in Germany in a blog post.

York’s faculty union, YUFA, did some interesting analysis of York’s financial statements. While not discussing academic and administrative budgets in detail, it does deal with how to think about the financial statements of a public institution. YUFA also produced a report that described the growth of managerialism.

The growth of the university’s administration at the expense of its academic mission is not solely a matter of money, as Ginsburg’s Fall of the Faculty documents. The growth of “student life” programs under the control of the administrative apparatus has seen students offered more programs in things like time management and study skills, while academic programs in languages, literature, or history are starved of resources. York University has a Senate that is the ultimate authority on academic matters, but the Senate does not have the power to decide what is and is not an academic matter — that is the prerogative of the administration.

Before the current strike, the York community was presented with apocalyptic budget projections (which have since been challenged by YUFA and CUPE) as well as warnings about low enrolments.

York’s administration imposed a process called the Academic and Administrative Prioritization and Review, or AAPR — another management tool that was imposed on other Canadian universities, such as Guelph and the University of Saskatchewan, to destructive effect. Several faculty councils at York repudiated the AAPR and rejected its use in academic planning. Like the strike, the AAPR ended up opening an overdue debate on administrative attacks on the academic mission of the university (see Michael Ornstein’s presentation for a fine example of applying academic criteria to a managerial exercise and Craig Heron’s essay on the consultant Robert Dickeson, whose methodology is used in AAPRs across North America).

Amazingly, in a context of enrolment and budget fears, the York administration walked into negotiations with CUPE 3903 seeking concessions that the union could not accept, and took over a month to make any movement towards an acceptable offer.

As an alternative to bargaining, the administration used a reading of the university’s policy on remediation — intended to provide guidance on how to restart the university after a disruption is over — to start remediating during the strike. The “remediation” ended up making students more uncertain, increasing physical pressure and fear of violence on the picket lines as thousands of drivers tried to cross daily to attend classes that may or may not have been proceeding.

For an administration worried about enrolment, it is difficult to imagine how this could have been anything other than a nightmare scenario — unless low enrolments themselves might provide another tool that administrators could use to discipline the academics?

York, a public university

Like every public institution, universities are changing. They are becoming more hierarchical, more corporate, less accessible, and less free. Defending their role, even expanding it, may not be possible from within their walls alone. But should the non-university-going public care?

Universities cost society massive amounts of resources, and everyone within them, from the administration to the student body, has some relative privilege compared to the many people who never get the chance to go. Scholars’ reputations for obscurity and detachment from the real world doesn’t make it easy for these same scholars to ask the public for resources or for help defending the institution. But public indifference to what is happening at universities only serves the administrators who are eroding them.

And truly public universities could be extremely socially beneficial. Take York again, and consider some 2006 figures that will not have changed much in the decade since. Located in North Toronto, York’s students come from families with a median household income of $55,881, compared to an average of $74,093 for all Ontario university families. The median household income for York students in 2006 was actually lower than the median household income for Ontario in 2005, which, at $72,734, was only slightly lower than the average for Ontario university-going families. Ryerson students came from slightly more affluent families ($56,733) and University of Toronto from slightly more affluent than that ($58,895). The contrast with universities such as Western and Queen’s, with median family incomes above $100,000, is striking.

More than 50 per cent of York’s students commute for more than 40 minutes, and 57 per cent of York’s first-year students rely on public transit to get to school, compared to 32 per cent of Ontario students. Of first-year York students, 60 per cent are female, compared to 55 per cent for Ontario. Of senior-year York students, 72 per cent work for pay off campus, compared to 46 per cent for Ontario; 43 per cent are from a visible minority compared to 29 per cent for Ontario. Where 70 per cent of Ontario students had a parent with post-secondary education, 65 per cent of York students could say the same.

For many decades in North America, universities were designed to train and prepare the ruling class and the professionals who serviced them. But starting after WWII, public universities started to open up and transform into places that potentially everyone could go. York’s demographics present a picture of that kind of public university, a place whose student body looks like the population and not like the rulers.

It may not be coincidental that at the most public of universities, there is a strong emphasis on humanities and social sciences — 53 per cent of first-year students compared to 38 per cent in Ontario, 51 per cent of senior-year students compared to 42 per cent in Ontario. I love science, technology, engineering, and mathematics, and I think this type of education is both vitally important and under attack, especially under the Harper government. But social sciences and humanities — philosophy, literature, history, political science, geography, sociology, linguistics, economics — are fields that help students understand power and understand the world they live in. They are fields that give students a chance of shaping the future.

In his 2008 book Unmaking the Public University, English professor Chris Newfield of the University of California, Santa Barbara, argues that the attack on the social sciences and humanities — the devaluing of cultural knowledge — was a part of the assault on public universities and part of the assault on the North American middle class.

The idea of a public university open to everyone, where the cultural knowledge to shape and change society is taught and developed, is a dangerous idea for those who fear the public.

Who is subsidizing, and who is subsidized?

Newfield’s book is full of insights, many of which are highly relevant to Canadian universities and especially to York. One in particular relates to university budgets. Part of a professor’s job, especially in the natural sciences, is to seek external research funding. The grants that professors win in competitions bring prestige to their universities and make it possible to do research. Many believe that these grants help subsidize other parts of the university, but Newfield points out that the grants never cover the full costs of the research, and the university has to provide some matching funds for every grant.

Where do these matching funds come from? From the teaching budget from where most of the students are: the social sciences and the humanities. So, here again, what most people believe is the reverse of reality: it turns out that teaching in the social sciences and humanities subsidizes research in the natural sciences, not the other way around.

In the background of the York strike is the provincial funding formula, which has continued to erode the public part of university budgets. Universities in Ontario responded by following what was done in the United States: they have sought to squeeze more tuition out of students and more funds from private donors.

York’s administration has also sought to expand its science, technology, engineering and mathematics profile and reduce, in relative terms, its social sciences and humanities profile. The fact that the social sciences and humanities faculty and students are among the most “unruly,” the most likely to insist on collegial governance, and highly active in unions, may not be lost on the administration.
Unfortunately university administrations are all alike, and there are no models for creatively managing public institutions.

But none of these strategies will work to the competitive advantage of York, many of whose students will either receive a public education or no education at all. This puts York in an interesting position, as it makes the public option the most strategic one for the institution to survive and thrive. Unfortunately university administrations are all alike, and there are no models for creatively managing public institutions. There are only corporate models of total top-down control, privilege, and power at the top, and obedience and fear at the bottom.

York’s social sciences and humanities programs, which attract huge numbers of students and probably subsidize the rest of the university, will never be shut down. But an administrative vision would see these programs carefully controlled, delivered by insecure teachers with no union protections or academic freedom, and students who pay huge amounts to shut up and study like their instructors, who gratefully accept a tiny share of the budget for the chance to shut up and teach.

It doesn’t have to be this way, especially at York. We could try, instead, to be who we are, instead of trying to be something we are not.

What if York were to lead other universities in the aggressive pursuit of the public option? Embracing its progressive traditions, embracing its diverse and in many cases oppressed student body, and working on a whole new list of problems. What would it take to achieve free tuition? How could we speed up and open up the peer review process? How could we run the university on free software and free information? How could we ensure that everyone who works at the university has a good job at a living wage and the freedom to contribute creatively to the community and to say what they think? How could we have a totally seamless relationship with the non-university public, in which the university becomes a source of knowledge and not a place where knowledge is locked up to be accessed only by those who pay to be within its walls? These are the more interesting problems that we could work on at places such as York.

The alternative is to become another all-administrative university with cowed, indebted students taught by cowed, temporary faculty. York’s TAs, GAs, and contract faculty have shown the way, but the struggle for a truly public university will be a long one.

First published in Ricochet: https://ricochet.media/en/373/york-strikers-show-the-way-now-lets-build-a-truly-public-university

Online Privacy Is Worth The Extra Work

This past week, Laura Poitras’s documentary, Citizen Four, won the Academy Award for Best Documentary. When he provided the documents that revealed the details of universal spying by the US National Security Agency (NSA), the subject of the documentary, Edward Snowden, wrote an accompanying manifesto. His “sole motive”, he wrote, was “to inform the public as to that which is done in their name and that which is done against them. The U.S. government, in conspiracy with client states, chiefest among them the Five Eyes – the United Kingdom, Canada, Australia, and New Zealand – have inflicted upon the world a system of secret, pervasive surveillance from which there is no refuge.” (1)

Snowden, who made careful plans to try to avoid capture before he could get the materials out, nonetheless assumed that he was going to be spending the rest of his life in prison. Even though his greatest wish was for the public to know about the surveillance programs, he was pessimistic about the possibility that the programs would be reformed through the existing political system. His manifesto concluded with the repurposing of a quote from Thomas Jefferson about the U.S. Constitution: “Let us speak no more of faith in man, but bind him down from mischief by the chains of cryptography.”

In other words, maybe if the public found out, they would find the idea of being surveilled by unaccountable powers unappealing, or maybe they would not. If they rejected universal surveillance, they might demand that the program end. But maybe the political system was in fact so closed, undemocratic, and unresponsive that it could not change in response to such a demand. But even then, the public had options: the public could change their behaviour in order to make universal surveillance more difficult. How? What are these “chains of cryptography” to which Snowden referred?

In a lecture at the 31c3 conference late last year (2), Tor developer Jacob Appelbaum and Laura Poitras showed the systems that the NSA have so far been unable to crack. Taken together, and used carefully, these systems offer the continued possibility of privacy, a fundamental right, a right which enables people to form their personalities, their philosophies, and their politics, a right which has been taken away by spy agencies for their own grandiose plans.

What are these systems? They include public key (GPG) encryption for email, onion routing (Tor) for web browsing, and Off-The-Record (OTR) protocols for online chatting. Importantly, all of these tools are free software/software libre (3), which means that their source code is published and can be studied, so that bugs and problems can be identified and fixed by the community of users and developers. Security experts like Bruce Schneier (4) have long emphasized that no user should trust any product that promises online privacy or security that is not free software. Unless the source code is published, there could easily be “backdoors” built in – and, as Snowden’s documents have shown, they often are. Richard Stallman of the GNU free software project made the argument connecting free software to online privacy and security at his own lecture at 31c3 (5).

The above tools – GPG, Tor, and OTR – may be cracked one day by the NSA, or declared illegal by oppressive governments (including that of the US). The important point is that they are tools that were created by the free software community and offered to the public as ways to try to achieve the right to privacy. Unlike corporations, the writers of free software don’t try to control users in order to profit from them. But nor do they have the resources to create vast call centres to do customer service, and indeed all free software comes with a warning that it has no warranty or guarantee. Although the difficulties are often exaggerated, the free software versions of many programs can be difficult to use. What this means is that the price of freedom, or of privacy, online, is not measured in dollars or even in suffering, but in convenience and patience.

Greenwald recounts in his book, No Place to Hide, that Snowden tried to contact him many times before finally reaching him through Laura Poitras. Greenwald didn’t want to go through the inconvenience of learning GPG, and Snowden wouldn’t write him any specifics without it. Even now, most people, including journalists and activists, don’t take the extra time to learn these tools, or to learn about the free software movement. Until Snowden, this included even Greenwald, the very reporter who ended up breaking the story. The ‘crypto party’ movement has arisen to make it possible for people to get together and help each other learn the tools (6). If only a tiny group of people attempt to exercise their rights to online privacy, it will be easier for governments to isolate them. On the other hand, if people assume they have the right to privacy and join the free software movement, it is better for everyone. By exercising your right to freedom, you are making it easier for others to exercise theirs. If you are already using a computer anyway, isn’t it worth some inconvenience?

NOTE: If you are having difficulty getting to a crypto party, but are willing to put in some time and effort to learning the tools for online anonymity that we do have, some of the principles of online privacy and security, and some of the principles of free software, please consider joining the Z School course (7) on the topic, which will begin in April 2015.

First published at TeleSUR English March 2/15: http://www.telesurtv.net/english/opinion/Online-Privacy-Is-Worth-The-Extra-Work-20150302-0021.html

Notes:

(1) The manifesto is quoted in its entirety in Greenwald’s book No Place to Hide.

(2) See the talk, “Reconstructing Narratives”, here: http://media.ccc.de/browse/congress/2014/31c3_-_6258_-_en_-_saal_1_-_201412282030_-_reconstructing_narratives_-_jacob_-_laura_poitras.html

(3) Free software, or software libre, is software that gives its users the freedoms to view, share, modify, and use the code as they wish, and it is regulated by very carefully constructed licenses, especially the GNU Public License or GPL.

(4) See Scheneir’s blog: https://www.schneier.com/

(5) See the talk, “Freedom in your computer and in the net”: http://media.ccc.de/browse/congress/2014/31c3_-_6123_-_en_-_saal_1_-_201412291130_-_freedom_in_your_computer_and_in_the_net_-_richard_stallman.html#video

(6) In my city, for example, there’s Toronto Crypto: http://torontocrypto.org/. Find out if there’s one in your city.

(7) The course opens in April 2015. Details will be posted on: https://zcomm.org/znet/

My Radical Teacher article – A summer in Islamabad, and a student view

Radical Teacher’s 101st issue is about Teaching Across Borders. In it, you can find my article about my experience teaching in Pakistan in 2008, which I’ve also written about in this blog.

Since then, I saw a new article by Aamna Shafqat, a student at IIU-I, and found the student perspective fascinating. If you want to read a bit about teaching and learning in Pakistan, I’d recommend both!

Taylor Swift’s Millions Aren’t Worth a Single Prison Term

At an awards show at the end of 2014, musician Taylor Swift accepted her award saying that 2014 was an important year because it was the year she stood up for herself as an artist. In July 2014, she wrote an op-ed in the Wall Street Journal about the future of the music industry. (1) Swift makes economic arguments about the value of an artist’s work: “the value of an album is, and will continue to be, based on the amount of heart and soul an artist has bled into a body of work, and the financial value that artists (and their labels) place on their music when it goes out into the marketplace.” She reasons as follows: “Music is art, and art is important and rare. Important, rare things are valuable. Valuable things should be paid for. It’s my opinion that music should not be free, and my prediction is that individual artists and their labels will someday decide what an album’s price point is.”

What does Swift blame for society’s failure to recognize this value? “Piracy, file sharing and streaming have shrunk the numbers of paid album sales drastically,” she writes. By blaming piracy, file sharing, and streaming, Swift has adopted what author Rob Reid called in 2012 “Copyright Math”, in which the movie industry claims that the “economic loss” from file sharing of movies amounts to US$58 billion dollars – more than most of the value of US agriculture (2).

Unfortunately, as outrageous as it is, copyright math is no joke. In the same year the millionaire Taylor Swift stood up for herself as an artist, one of the best known, and most defiant, file sharing sites, The Pirate Bay, saw its founders arrested in an international manhunt. The three file-sharers, Fredrek Neij, Gottfrid Warg, and Peter Sunde, were handed prison sentences by a Swedish court in 2009 (3). They went into hiding. Sunde was arrested in June in Sweden and is serving an 8-month jail term. Warg was arrested in Cambodia and is serving three and a half years. Neij was arrested in November 2014 in Thailand. The investigation into the Pirate Bay was extensive, the seizures of equipment massive, and the attempt to shut the site down has been thorough and vindictive (4). The Pirate Bay is being made an example of.

Taylor Swift isn’t responsible for the Pirate Bay’s founders being in jail. But when artists make claims about file-sharing reducing their “value” as artists, these claims are political, and they are part of the political climate that makes the persecution of file-sharing politically acceptable.

But take Taylor Swift’s question seriously for a moment. What is the value of an artist? Taylor Swift has a net worth of US$200 million because tens of millions of people listen to her music. Most of these people first heard Taylor Swift’s music for free, maybe on the radio or online, and much later, decided to pay some money to buy recordings of her songs or albums, or to see her in concert. Almost no one buys an album without hearing some of the songs first. Without the free distribution channels, no one would know who Taylor Swift was, no one would have bought her album, no one would have gone to her concerts, no one would have known her value as an artist, and she would have none of her millions.

Or take a step back from that, and ask, did Taylor Swift develop her musical style on a deserted island and come to her American audiences, completed albums in hand? Or did she develop her songs based on influences by hundreds of other artists whose music she heard constantly, for free, throughout her childhood and adolescence? When I heard the wind instruments in her song, “Shake it Off”, for example, I thought of the bridge from Michael Jackson’s “Beat It”. For a more direct connection, artists have been telling their listeners to “Shake It” since at least the 1970s (5). Swift would never claim that the phrases “players gonna play” and “haters gonna hate” were original to her or to her song. And so on, and on. Musicians, indeed all artists, borrow from one another, are influenced by one another, learn, and add their own little original pieces to the culture. Some artists are more graceful than others in acknowledging influences or samples. I only knew that 2Pac had done a song called Me & My Girlfriend (6), which is pretty much the same song as Jay Z and Beyonce’s song, “03 Bonnie and Clyde” (7), when a friend played 2Pac’s (relatively obscure) version for me years after ’03 Bonnie and Clyde.

Without the chance to borrow and incorporate other people’s music into theirs, would Jay Z and Beyonce be able to refer to themselves as “a billion dollars in an elevator” (8)? Probably not. Without the ability to freely listen and share, there would be no Taylor Swift, no Jay Z, no Beyonce, none of the massive fortunes that these industry players are now trying to use, along with the legal system and their cultural influence, to stop file sharing.

No one can deny that these artists are talented. But talent is not so rare as Taylor Swift’s op-ed would suggest. There are millions of people, just as talented, that are toiling away in obscurity, putting their music out on the web, hoping one day to find audiences. Even for those who manage to put together a livelihood from their work, they might make thousands of dollars per year. Does Taylor Swift really believe she is ten thousand times more talented than one of these artists? Does she really believe that she has ten thousand times more heart and soul to pour into her work? Such beliefs are not to be celebrated. Like Beyonce’s talk of a “billion dollars in an elevator”, they are a celebration of an inequality that has become so pervasive that we forget how vulgar it is.

Biologist Stephen Jay Gould, wrote in his book “The Panda’s Thumb” that he was “somehow, less interested in the weight and convolutions of Einstein’s brain than in the near certainty that people of equal talent have lived and died in cotton fields and sweatshops.” Taylor Swift’s millions are of a lot less interest than the millions of Taylor Swifts whose talent will never be known.

A few decades ago, when I was a kid, I used to sit next to a stereo system that had a radio and a cassette tape recorder attached, waiting for one of my favorite songs to come on, so that I could press “record” at exactly the right time and get a recording that I could listen to over and over again. Worse, I would use these recordings to make mix-tapes that I would share with friends from my school. In the world of Swift and of copyright math, I was stealing, contributing to an early version of the multi-billion dollar economic losses that file-sharing represents today.

There are much better ways that society could support artists, giving all artists a good living and the chance to find audiences. There are better frameworks, like the Creative Commons (http://creativecommons.org/), to facilitate artists being able to share and also get recognition for their work.

Taylor Swift cannot get what she thinks she’s worth without a whole framework of laws that control how we listen, watch, and read, without surveillance on all of us to ensure we comply with these laws, without the police to hunt down and arrest people who seek to share the products of the culture we live in, without jail terms and demonstrative punishments for those who defy these rules. It isn’t worth it.

First published at TeleSUR English.

ADDENDUM:

Some have asked, “who pays artists?” I have no problem with audiences paying artists – for concerts, for merchandise, even for music, if they choose to. The problem is the monitoring and persecution of file-sharing, which is enabled by the defining of sharing music (or other information or cultural products) as a form of “theft”. It is a strange kind of theft where the person stolen from still has the item after the theft. We all know that sharing is a good thing, and that sharing is very different from “theft”. The vast majority of artists have no fortunes to protect by persecuting people who share their work. It is the millionaire artists who are trying to kick away the ladder of free music they climbed up on that this essay argues against.

Notes

Taylor Swift,July 7, 2014. “For Taylor Swift, the Future of Music is a Love Story.” Wall Street Journal. http://www.wsj.com/articles/for-taylor-swift-the-future-of-music-is-a-love-story-1404763219
Rob Reid, the $8 billion iPod. TED talks,February 2012.http://www.ted.com/talks/rob_reid_the_8_billion_ipod?language=en
Jon Russell, “Police Finally Arrest the Third and Final Founder of the Pirate Bay” TechCrunchNovember 4, 2014.http://techcrunch.com/2014/11/04/police-finally-arrest-the-third-and-final-founder-of-the-pirate-bay/
Andy, “Police seized 50 servers in Pirate Bay raid”,January 23, 2015.Torrentfreak.com.http://torrentfreak.com/police-seized-50-servers-in-pirate-bay-raid-150123/
Billboard.com, “10 Biggest ‘Shake’ Singles in Billboard Hot 100 History”. http://www.billboard.com/articles/columns/chart-beat/6229455/biggest-shake-singles-billboard-hot-100-history
2Pac, “Me & My Girlfriend” – for now, listen at:https://www.youtube.com/watch?v=wdu9qt6XuPA
Jay Z and Beyonce, “’03 Bonnie and Clyde”https://www.youtube.com/watch?v=copiznIfV3E&list=RDcopiznIfV3E– part of what Beyonce sings in this song is also taken from TLC’s song, “If I was your girlfriend” -https://www.youtube.com/watch?v=QoV_-gex-bY
TMZ “Beyonce raps about elevator fight”.August 3, 2014.http://www.tmz.com/2014/08/03/beyonce-elevator-fight-money-jay-z-solange-flawless-remix-marriage/

Hacktivism

A review of Hacker, Hoaxer, Whistleblower, Spy: the Many Faces of Anonymous, by Gabriella Coleman. First published at TeleSUR English.

On December 17, independent journalist Barrett Brown, who has been in jail for two years without trial, had his first sentencing hearing (see the report by The Intercept). Barrett Brown was threatened with one hundred years in prison for analyzing documents that were hacked from private security companies HBGary and Stratfor. Brown never hacked anything – he received the documents and was reporting on them.

Interesting points emerge from a posting by Julian Assange of Wikileaks, who reacted to the sentencing hearing. Assange pointed out that the charges against Brown were of two kinds: the first, pertaining to his reporting on the Stratfor documents, which should be protected under free expression. The other, pertaining to things he said when the FBI threatened to charge his mother unless he turned over his source material. The worst thing Brown said about the FBI agent was a tweet that read, “illegally shoot the son of a bitch”. Assange pointed out that this tweet was Brown quoting Fox News’s Bob Beckel, who called for Assange’s assassination. (Assange posted this link as proof.) Beckel has faced no FBI investigation, no legal consequences, no arrests. Barrett Brown, who quoted him, has been in jail for two years and is threatened with many more. Brown and his lawyers have gag orders against them – the prosecution told the court that Brown has shown “intent to continue to manipulate the public through press and social media comments,” thus undermining the enormously powerful government’s right to a fair chance of obtaining a harsh conviction against this independent journalist.

The Stratfor emails got into Barrett Brown’s possession by way of Jeremy Hammond, a hacker who is now serving a 10-year sentence for stealing the secrets of the private intelligence company. Stratfor is a part of a $350 billion security industry that seamlessly links government, police, and private intelligence networks. The Stratfor emails provided, in Gabriella Coleman’s words, “solid nuggets of proof that Stratfor profited from morally dubious practices, such as corporate propaganda dressed as public relations and the monitoring of activists.” One of Stratfor’s founders, Ronald Duchin, devised the “Duchin formula” for attacking movements, published by journalist Steve Horn and quoted in Coleman’s book: “isolate the radicals, ‘cultivate’ the idealists and ‘educate’ them into becoming realists. Then co-opt the realists in agreeing with industry.”

Government and corporate intelligence agencies are extraordinarily non-transparent. What the public knows about them is known almost entirely because of hackers like Hammond and Assange, independent journalists like Brown (and Poitras and Greenwald), and whistleblowers like Manning and Snowden. People like Hammond, Snowden, and Manning took tremendous risks to get these materials to the public, and Hammond and Manning and Brown, among others, are suffering greatly for it.

Neither Hammond nor Manning were caught because they made technical mistakes, even though both of them obtained their data through some technically sophisticated means. Manning’s mistake was befriending someone named Adrian Lamo, who informed on her to the FBI. Hammond was a part of Anonymous, and interacted throughout the hacks with Hector Monsegur, aka “Sabu”, who helped entrap Hammond and many other hackers when Sabu became an FBI informant.

But the arrests and jail terms were not the end of Anonymous. Anonymous’s main twitter feed, @YourAnonNews, has 1.36 million followers. Having maintained a media presence for years, Anonymous is now a powerful media organization in its own right. In addition to the Stratfor hacks, Anonymous can claim credit for exposing abusive police during Occupy, for exposing rapists and rape culture in Canada and the US, and for participating in the Arab Spring in operations against Tunisia’s dictatorship. They are currently highly active against murderous police in the US, in Ferguson and NYC. They have an uncanny ability to land on the side of the oppressed, even where many progressives flounder – as in Israel’s recent massacre of Palestinians in Gaza.

As the arrests and jail sentences show, Anonymous is just as subject to vengeance by the powerful as any other group of activists in history. And yet, Anonymous’s mystique is hard to resist: the Guy Fawkes masks, the idea of some huge number of people everywhere, with extraordinary technical skills, able to frighten the powerful, avenge wrongs, and get away with it. How could anyone begin to understand such a phenomenon?

The starting point would be to do what Gabriella Coleman did for her book, Hacker, Hoaxer, Whistleblower, Spy: the Many Faces of Anonymous: spending time in the Anonymous’s IRC chat rooms, getting to know them, studying what they do and how they do it. Coleman’s methods are anthropological, the same methods she used in her previous book, Coding Freedom: The Ethics and Aesthetics of Hacking. In Hacker, Hoaxer, Coleman helps her readers make sense of the bewildering array of actions, statements, and reprisals that have occurred in this relatively new field of activism and the unique group that has brought it so much attention.

Coleman shows how Anonymous emerged from what she calls some of the most “abject forms of trolling”, in which people anonymously did bizarre and malicious things on the internet, just for the lulz (a variation of “lols”, or “laughs out loud”). She explains the idea of the lulz the way an anthropologist would: in terms of a universal trickster figure present in most human cultures. The internet trolling done by the precursors of Anonymous, like that done in stories of mythological stories of tricksters, is mischievous, malicious, and not obviously done for any gain by the trickster (or troll). But when the lulz-seeking behaviour was turned against the powerful, what emerged was something very interesting indeed.

It started, as Coleman documents, with a campaign against the church of Scientology – a lulzy campaign that got more serious as Anons learned more about Scientology’s outrages. Anonymous’s Tunisia operations were the next big step, and Coleman immortalizes the IRC chat log of the decision to attack the Tunisian dictatorship’s servers:

: why are we hitting up tunisia?

: Because they’e just passed a law which says the media can’t say what they want and banned them from mentioning wikileaks

: K-rad, thank you! time to own tunisia then

Coleman follows Anonymous through the Tunisia operations, through the formation of specialized hacker groups LulzSec and AntiSec (because not all Anons are hackers), through to the FBI attacks on Anonymous and the arrests of many of its members, much of which was due to entrapment by the FBI informant Sabu.

In addition to the lulzy, trickster aspect of Anonymous, Coleman describes and explains several other fascinating aspects of the Anons. One of the most powerful aspects is the way the Anons eschew celebrity culture and apply severe social pressure to those who try to use Anonymous to become famous or build their own names. This built-in disavowal of celebrity culture, I believe, helps explain Anonymous’s credibility and, despite some of its more “abject trolling”, it also helps explain how a group of tricksters and hackers can somehow become a moral voice on a chaotic, celebrity-obsessed, and increasingly proprietary internet. Exerting effort to be anonymous on the internet is also good privacy and security practice, another issue that Anonymous has brought to light (as have activist collectives like Riseup and non-anonymous people like Lawrence Lessig, Bruce Schneier, and Richard Stallman).

In all of these respects – mischief and trickery directed at the right targets; eschewing celebrity culture; fighting for freedom and for anonymity on the internet – Anonymous shows us all, and especially leftists, things we can learn.

And in this context, Helen Lewis’s review of Hacker, Hoaxer for the New Statesman misses the point. There is much more to Anonymous, and much more to Coleman’s book, than the fact that the Anons don’t know one another, and much more to their exploits than what happened with Sabu and the FBI. Counterposing Anonymous with the “strong ties” cited by Malcolm Gladwell in a New Yorker essay about the civil rights movement, as Lewis does, doesn’t make sense. There have been very strong ties indeed (up to and including marriages, Coleman cites) made in Anonymous. And the FBI has destroyed movements based on personal relationships and strong ties using the same methods they used against the Anons: infiltration, entrapment, suborning people and turning them into informants. Finally, the civil rights movement was a different era. As Lawrence Lessig argued in his lecture about Aaron Swartz, who committed suicide when he faced 35 years for taking journal articles from a university server because he wanted to make scientific research universally accessible (transcript here):

“Compare: Martin Luther King, the civil disobedient, was arrested on scores of misdemeanors. He was only ever charged with two felonies and acquitted by an all-white jury of those two felonies because the basis for the claims were so outrageous. He did jail time, scores of days in jail. Compare him with Aaron, charged with 13 felonies, giving a federal judge the right to sentence him to up to 35 years in jail.”

Given the shocking prosecutorial zealotry in cases against hackers, it is hard to fault Anonymous (or Assange or Snowden) for not wanting to get caught trying to make the world a better place. And, as Coleman points out, even after Sabu and the FBI raids, quite a few Anons never did get caught, and are still out there.

Coleman’s book helps us understand Anonymous by revealing it to be another form of political activism: people coming together to try to fight for a better world, using, in this case, their computers and direct action, sometimes illegally (as people who do civil disobedience do). Their fights – for free expression in a world of suppression, for privacy in a world of universal surveillance, for the non-alienated use of technology in a world of corporate control, against the abuse of power in a world of police and corporate impunity – are not going away. Neither will the system, which depends on people to run it, ever be completely invulnerable against people who develop skills within it and hold on to some semblance of their conscience. There will be a need for Anonymous for the foreseeable future. Hacker, Hoaxer, Whistleblower, Spy, can show you where it came from.