AMERICANS RISING UP AGAINTS GOVERNMENT COLUMN

Americans rising up against government: Column

Glenn Harlan Reynolds 5:36 p.m. EST February 23, 2014

Three examples of pushback against the ruling class.

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In response to widespread protests, the DHS cancelled plans to build a nationwide license plate database.
Similarly, the FCC withdrew a plan to "monitor" news coverage at broadcast stations and print media.
Meanwhile, in Connecticut a massive new gun-registration scheme is also facing massive civil disobedience.

America's ruling class has been experiencing more pushback than usual lately. It just might be a harbinger of things to come.

First, in response to widespread protests last week, the Department of Homeland Security canceled plans to build a nationwide license plate database. Many local police departments already use license-plate readers that track every car as it passes traffic signals or pole-mounted cameras. Specially equipped police cars even track cars parked on the street or even in driveways.

The DHS put out a bid request for a system that would have gone national, letting the federal government track millions of people's comings and goings just as it tracks data about every phone call we make. But the proposal was suddenly withdrawn last week, with the unconvincing explanation that it was all a mistake. I'm inclined to agree with TechDirt's Tim Cushing, who wrote: "The most plausible explanation is that someone up top at the DHS or ICE suddenly realized that publicly calling for bids on a nationwide surveillance system while nationwide surveillance systems are being hotly debated was ... a horrible idea."

On Friday, after more public outrage, the Federal Communications Commission withdrew a plan to "monitor" news coverage at not only broadcast stations, but also at print publications that the FCC has no authority to regulate. The "Multi-Market Study of Critical Information Needs," or CIN (pronounced "sin") involved the FCC sending people to question reporters and editors about why they chose to run particular stories. Many folks in and out of the media found it Orwellian.

How this program appeared was, like the DHS program, a bit of a mystery: FCC Commissioner Ajit Pai said: "This has never been put to an FCC vote; it was just announced." But the blowback was sufficient to stop it for now.

Meanwhile, in Connecticut a massive new gun-registration scheme is also facing civil disobedience. As J.D. Tuccille reports: "Three years ago, the Connecticut legislature estimated there were 372,000 rifles in the state of the sort that might be classified as 'assault weapons,' and 2 million plus high-capacity magazines. ... But by the close of registration at the end of 2013, state officials received around 50,000 applications for 'assault weapon' registrations, and 38,000 applications for magazines."

This is more "Irish Democracy," passive resistance to government overreach. The Hartford (Conn.) Courant is demanding that the state use background-check records to prosecute those who haven't registered, but the state doesn't have the resources and it's doubtful juries would convict ordinary, law-abiding people for failure to file some paperwork.

Though people have taken to the streets from Egypt, to Ukraine, to Venezuela to Thailand, many have wondered whether Americans would ever resist the increasing encroachments on their freedom. I think they've begun.

Glenn Harlan Reynolds, a University of Tennessee law professor, is the author of The New School: How the Information Age Will Save American Education from Itself.
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