Lately, I’ve been more or less promoting two ideas on this blog: (1) A Rational Choice Model of the State as The Firm (2) The Firm’s intent to be “market setter” for an internet legal regime. If you subscribe to (1), then (2) follows a logical prediction.
The model of the State as The Firm gives us a form of economic governance that is in competition with the ends of its citizens. This is “the total state,” and it is a first-order liberal violation. The Firm is largely beyond any “democratic accountability.” Indeed, “democracy” is treated as a product by the firm, something that is to be manufactured and churned. We can almost treat the “American Culture War” as the manufacturing plant for churning out American democratic consent. Undoubtedly, that is where it is by and large produced.
The rational choice driving the Firm as a market setter for an internet legal regime is a topic I discussed in some detail in a previous post, “Regulating the Panopticon.” You simply start with the current status quo and observe that “data-analytics” provides the market-setting regime change for the Firm(note: the regime is not the Firm; rather, the regime is the rules of the Political Economy set by the Firm). Finance defined the Chicago-School rules regime of political economy for the past 30 years. Data-analytics will define the new rules regime going forward.1
The rational choice of the Firm gives us a model of the President as CEO. Hence, we shouldn’t be surprised that Obama is contemplating implementing much of the recently filibustered Cybersecurity bill by an executive order. An “Executive Decision,” as the saying goes.
Any outrage of the prospect of a unilateral executive implementation of a national policy with such far-reaching implications mistakenly operates under the presumption that the Presidency is a political office. But it’s not really that. As an office of Political Economy, however, you would find Obama’s statements to be consistent with what you might expect from a CEO. To say that Obama’s Executive Order would violate the constitution is a bit naive. Given the regulatory charge of executive authority bestowed from the wide-range of laws that have passed constitutional mustard, I would say that Obama’s Executive Order most assuredly would not violate it.
And no one is quoting the US Constitution as means to constrain the Firm’s strategy to militarize the internet. The US is actively engaged in repeated, sophisticated cyberattacks to to produce outcomes exactly like this. This is part of an integrated strategy to instigate the very need of a market setter for an internet legal regime.
Political means are more or less powerless to constrain much of the Firm’s actions. The tiny parts that are ostensibly subject to political accountability are a mere formality. My suggestion is to take the laws of political economy seriously. The President of the United States is the CEO of National Security State, Inc, a corporation ultimately chartered by the United States Constitution.
1 Interestingly, a third topic that I’ve intermittently promoted, “The Pink Police State,” perhaps finds its most precise definition within the data-analytics model. The Political Economy of Data-Analytics and Surveillance will not(and simply cannot) produce the traditional capitalist surpluses to support the traditional progressive welfare state. In the classic libertarian perspective(a la, Bastiat), these “transfer payments” are bribes to placate dissent against a political economy of plunder. Of course, the origin of these progressive “transfer payments” is largely labor itself(SS and Medicare, by far the largest components of the “Welfare State,” are labor tax transfers). But the surplus labor base for the continuation of this placating transfer model will shrivel up and wither under a political economy of data-analytics.
The Pink Police State simply replaces the bribe of the progressive transfer model with the bribe of the “libertarian culture” transfer model. The political economy of data-surveillance can bargain “zones of tolerance” and increased “cultural freedom” as means of placation. Of course, these benefits will largely accrue to the “professional classes” and not to those at the margins.
The Pink Police State uses libertarianism to bribe the professional classes.