Saturday Hodgepodge

In order to collect and analyze allegations of abuse of detainees in U.S. custody in Afghanistan, Iraq, and at the Guantánamo Bay detention facility, and to assess what actions, if any, the U.S. government has taken in response to credible allegations, the Center for Human Rights and Global Justice at NYU School of Law, Human Rights Watch and Human Rights First have jointly undertaken a Detainee Abuse and Accountability Project (DAA Project). The Project tracks abuse allegations and records investigations, disciplinary measures, or criminal prosecutions that are linked to them… Available evidence indicates that U.S. military and civilian agencies do not appear to have adequately investigated numerous cases of alleged torture and other mistreatment. Of the hundreds of allegations of abuse collected by the DAA Project, only about half appear to have been properly investigated. In numerous cases, military investigators appear to have closed investigations prematurely or to have delayed their resolution. In many cases, the military has simply failed to open investigations, even in cases where credible allegations have been made.

To know if mass surveillance will work, Bayes’ theorem requires three estimations:

1. The base-rate for terrorists, i.e. what proportion of the population are terrorists;
2. The accuracy rate, i.e., the probability that real terrorists will be identified by NSA;
3. The misidentification rate, i.e., the probability that innocent citizens will be misidentified by NSA as terrorists.

No matter how sophisticated and super-duper are NSA’s methods for identifying terrorists, no matter how big and fast are NSA’s computers, NSA’s accuracy rate will never be 100% and their misidentification rate will never be 0%. That fact, plus the extremely low base-rate for terrorists, means it is logically impossible for mass surveillance to be an effective way to find terrorists.

The American flag stands for the fact that cloth can be very important. It is against the law to let the flag touch the ground or to leave the flag flying when the weather is bad. The flag has to be treated with respect. You can tell just how important this cloth is because when you compare it to people, it gets much better treatment. Nobody cares if a homeless person touches the ground. A homeless person can lie all over the ground all night long without anyone picking him up, folding him neatly and sheltering him from the rain.

School children have to pledge loyalty to this piece of cloth every morning. No one has to pledge loyalty to justice and equality and human decency. No one has to promise that people will get a fair wage, or enough food to eat, or affordable medicine, or clean water, or air free of harmful chemicals. But we all have to promise to love a rectangle of red, white, and blue cloth.

Betsy Ross would be quite surprised to see how successful her creation has become. But Thomas Jefferson would be disappointed to see how little of the flag’s real meaning remains.