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Bookseller Purges Records to Avoid PATRIOT Act 560

Skyshadow writes "Vermont Bookseller Bear Pond Books has announced that they will purge their sales records at the request of customers . This would effectively sidestep typically insideous a provision of the PATRIOT Act which allows government agencies to secretly seize sales records. The store's co-owner, Michael Katzenberg, put it this way: 'When the CIA comes and asks what you've read because they're suspicious of you, we can't tell them because we don't have it... That's just a basic right, to be able to read what you want without fear that somebody is looking over your shoulder to see what you're reading.' Now if only certain other booksellers would show that same conscience, we might have something here."
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Bookseller Purges Records to Avoid PATRIOT Act

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  • Amazon (Score:5, Interesting)

    by Queer Boy ( 451309 ) <dragon.76@NOSpAm.mac.com> on Thursday February 20, 2003 @10:41PM (#5349359)
    I like that Amazon keeps records of what people are buying. I just think they should do it in an anonymous basis. I like being able to see what people are buying in addition to a certain DVD. On a sidenote I like that they have a spot to add your opinions about what to watch in addition to a movie and what to watch instead of a particular movie.
  • Hey! (Score:2, Interesting)

    by jackjumper ( 307961 ) on Thursday February 20, 2003 @10:43PM (#5349369)
    That's right up the road from me! I'll have to pop in and thank them...
  • by MrLint ( 519792 ) on Thursday February 20, 2003 @10:45PM (#5349376) Journal
    This poses an instresting question, if destruction of records is not a normal business practice (to my knowledge its not), then i have to wonder if some creatative sort in the DoJ is going to try to attack them for obstuction of justice for destorying potential "evidence"
  • Problem Solved (Score:3, Interesting)

    by w.p.richardson ( 218394 ) on Thursday February 20, 2003 @10:47PM (#5349386) Homepage
    Buy in "meatspace", pay in cash. Or Ebay.
  • Re:Law Enforcement (Score:3, Interesting)

    by DarwinDan ( 596565 ) on Thursday February 20, 2003 @10:50PM (#5349401) Homepage
    I'm with ya! How about first getting people to actually VOTE in our elections, huh? Then we can focus on getting the decent politicians back where they belong -- in power.
  • How about this? (Score:3, Interesting)

    by antiprime ( 121253 ) on Thursday February 20, 2003 @10:52PM (#5349416) Journal
    They shouldn't be keeping records about who buys what books in the first place. I know what I buy, and I have the ability to look for new reading material in catalogs, libraries or via social contacts. Why is a bookseller keeping track of my book purchases any better than a government keeping track?

  • by standards ( 461431 ) on Thursday February 20, 2003 @10:53PM (#5349418)
    But still, why should I trust this bookseller? Sure, they claim that they won't manage any lists of customer purchases... but how do I, as a customer, know that they don't have some lists somewhere?

    And even if they don't have lists, they might have knowledge in their heads or on scraps of paper or whatever. All this is fair game when it comes to the law... perhaps just not as accessible as an explicit list.

    I remember when my sister was asked about her former (fired) boss by her new boss. "Don't worry", he said, "we'll seal all this so that you can talk freely".

    Nothing was written down. But when the new boss took the stand, he discussed the details of what my sister had said.

    So much for records; so much for corporate promises.
  • by benevold ( 589793 ) on Thursday February 20, 2003 @10:53PM (#5349421) Homepage Journal
    The CIA does not, and is not allowed, to opperate within the borders of the united states. It may be the FBI or NSA that comes looking but CIA is strictly for international matters.

    And I highly doubt they would be interested in what books a person reads, but that's just me.
  • Could the feds (Score:3, Interesting)

    by Gyan ( 6853 ) on Thursday February 20, 2003 @10:54PM (#5349424)
    charge the bookstore for subverting a law ?

    I mean, they're out in the public saying they're knowingly taking steps to hinder a possible request from the Feds for information.

  • Amazon Lists (Score:5, Interesting)

    by n0tqu1tesane ( 540679 ) on Thursday February 20, 2003 @10:57PM (#5349448)
    I was, as a result of this post, going to create a list on Amazon cataloging a number of books that might make the government look at me a little closer. Little did I know, someone had already done just that :\ Here. [amazon.com][amazon.com]
  • Remember that AD? (Score:3, Interesting)

    by Anonymous Coward on Thursday February 20, 2003 @10:58PM (#5349453)
    Anybody remembers that AD that shows how america would have been if everybody was not free? The one that takes place in a library... Where a guy is gonna get arrested...

    Remember that???
  • It is nice to see... (Score:3, Interesting)

    by WindBourne ( 631190 ) on Thursday February 20, 2003 @10:59PM (#5349455) Journal
    that some are opposing such horrible violations of our rights. I only hope that they do not pay a terrible price for fighting against this.
    The truely sad part of this, is that this is not the worse. This admin has been not only stealing so many of our rights, but also taking away our ability to know what is going on. Public scrutiny of all processes (check and balances) is just as important to prevent abuses.
  • Re:Problem Solved (Score:2, Interesting)

    by kfg ( 145172 ) on Thursday February 20, 2003 @11:06PM (#5349487)
    AHA! Gottcha.

    Only drug dealers use cash and drug dealers fund terrorists, therefore, you sir, are a terrorist.

    Ipso Facto.

    Ok, a bit of a stretch. Well, unless you buy something for more than $10,000. Then you have to actually *prove* you're not a drug dealer.

    All they have to do now is gradually lower the bar.

    KFG
  • Re:Good way to go. (Score:2, Interesting)

    by elmegil ( 12001 ) on Thursday February 20, 2003 @11:08PM (#5349500) Homepage Journal
    I am upset that people are associating the Patriot Act with conservatism.

    I would recommend that you inform those who you politically support that conservatives don't support this any more than liberals. And quite honestly, watching congress go like a bunch of sheep to pass this atrocity, it's clear that it's not just a left/right issue. Nonetheless, the self-proclaimed conservatives have draped themselves in the flag and put this abomination forth to begin with (let's hear it for Johnny Ashcroft, who is getting his revenge for being beaten out of his senate seat by a dead man).

  • by nuwayser ( 168008 ) <pete&tux,org> on Thursday February 20, 2003 @11:14PM (#5349535) Homepage Journal
    aren't they required to keep logs of the books their customers take out? they can't just delete that information, can they??
  • by deadsaijinx* ( 637410 ) <animemeken@hotmail.com> on Thursday February 20, 2003 @11:19PM (#5349556) Homepage
    And what about when customer Bob wants to return his copy of "Road Ahead" ? It's already hard enuf returning things online as it is, imagine hearing this ... "I'm sorry, we dont have any records of you purchasing this, so you can't return it." Or how bout the fact that they had to charge his Visa, they need proof of what he purchased, not just, "Yes, he did purchase $400 in books, no we can't tell you what he purchased, only that he did spend the money so go ahead and charge his account" I worry that the system would be a little to easily abused, and non-functional.
    I could go on ad nausem about the other pitfalls of your "not keeping records at all" idea, but hopefully you can already tell it holds no water.

  • by Everyman ( 197621 ) on Thursday February 20, 2003 @11:38PM (#5349635) Homepage
    ISPs and search engines are affected by the Patriot Act also. The authorities can claim that search terms are part of the URL, because they get logged with the URL in normal httpd logging. Therefore they fall under the definition of "routing and addressing" information that is subject to "tap and trace device" scrutiny. Judges are required to approve orders for such scrutiny without a showing of probable cause.

    Google saves your cookie ID, your IP number, your search terms, the date and time stamp, and your browser configuration with every search request you make to Google, and Google retains all this data indefinitely, and Google will not comment on their dealings with the authorities.

    But this is cool because Google has cute colored letters in their logo, right?
  • by BFaucet ( 635036 ) on Thursday February 20, 2003 @11:41PM (#5349656) Homepage
    I'm sorry about our government... It's the 1950's all over again and it sucks ass. Everyone is freaked out about all the terrorists that must be living next door, or down the street. Everyone watches CNN and FOX news for their information, and the 6 news agencies in the US are all for these horrible things as it will mean bigger sales in the near future. The government is being run by corporations at the moment, but I think another uprising of protest (ala early 70's) will put the government back in somewhat close to what could kind of be called balance.

    The american people are starting to get pissed off and the movements against these insanities are growing as more people are being educated.
  • Re:Interesting (Score:3, Interesting)

    by BFaucet ( 635036 ) on Thursday February 20, 2003 @11:48PM (#5349692) Homepage
    Also, wouldn't a bookworm terrorist just purchase books in cash and give a false name and zip code? Kind of defeats the whole tracking thing.

    That is why the USA PATRIOT act is so stupid... it does very little (if anything at all) to increase security and everything to limit the rights of everyday citizens.

    Governments who attempt to have complete control over it's citizens never work out. They fall. I believe America will fall unless Bush 'n pals are taken out of office and we congress gets it's act together.

    Real US patriots would never put the USA PATRIOT act into place.
  • Re:Remember that AD? (Score:3, Interesting)

    by LighthouseJ ( 453757 ) on Friday February 21, 2003 @12:08AM (#5349787)
    Yeah, it's very interesting. The guy goes to look for a book, he can't find it so he walks up to a librarian and says "I can't seem to find this book" and the librarian says "I'm sorry, we don't have that book anymore." and she steps back as if she knows what's going to happen. The guy looks puzzled, thinking something along the lines of "that doesn't make sense". The camera then moves back and a narrator vocalizes the message and at the same time you can see the guy standing in the background and two or three government-looking guys in black suits come up and surround him and escort him away.

    It's a pretty powerful ad to me.
  • Privacy wins (Score:2, Interesting)

    by Manfre ( 631065 ) on Friday February 21, 2003 @12:08AM (#5349788) Homepage Journal
    I am an adminsitrator at a public library and was told to remove all records and log files that contained information about our patrons. The library's board of trustees chose this even though it could cost them government money.
  • Our Rights (Score:2, Interesting)

    by mpark6288 ( 567583 ) on Friday February 21, 2003 @12:09AM (#5349791)
    Someone up further on the list spoke eloquently about how John Ashcroft and Gov't clerks don't give a rat's patute (say it phonetically) about what we're reading. Unfortunatly, this isn't true necessarily. I live in Denver, which was mentioned in either the article or the post, and frequent the Tattered Cover. This is the store that had it's rights to preserve records w/o the gov't having a warrant challenged. Fortunatly, they won. However, as with many things, the government found a loophole, the Patriot act. The case here with the Tattered Cover was a person who bought a book that was something to the effect of 'Making Meth in your Basement.' They tried to take records without a warrant once, and it's a slippery slope, in my opinion. Now here's a scary example. Your a highschool or college student, or even a graduated person, who wants to read about chemistry. Either to cram for an exam, or just because. You go down to the bookstore, and buy three textbooks. Suddenly, John Ashcroft is at your door, calling you a terrorist, and taking you to jail. Because you wanted to remember the chemical formula for methane? (CH4) That's a little much to me.
  • Re:Law Enforcement (Score:3, Interesting)

    by DarkVein ( 5418 ) on Friday February 21, 2003 @12:16AM (#5349830) Journal
    Anyone who wants my vote doesn't deserve it.
    We should:
    • Pick people at random
    • Elect people who aren't running for office
  • Library Purging (Score:1, Interesting)

    by Anonymous Coward on Friday February 21, 2003 @12:16AM (#5349835)
    I'm on the board of a library in the United States. We, in an effort to prevent PATRIOT (which, by the way, stands for "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism" - how pathetic is that?) demands of record provision, are now destroying all records that a book was checked out after it is returned. In addition, we are only maintaining backups for the past 72 hours. Not a good backup policy, but it's all that's viable in the face of the PATRIOT Act.
  • by Flamerule ( 467257 ) on Friday February 21, 2003 @12:16AM (#5349836)
    John Ashcroft could care less what you read
    Oh, he doesn't care. That must be why he inserted this provision into the PATRIOT act, giving him the ability to get bookstore records without authorization from a judge. Because he doesn't care.
    Now, you can bet your ass that when they arrested the buffalo 6 they tried to find out what books they checked out from their local library or bought from a local book store. Why? The answer is of course, DUH.
    I like how your tortured, laughable explanation for this law -- which I'll demolish immediately below -- is so obvious it merits a "DUH".
    If they bought a bunch of books on chemistry that had information that could be used to make bombs, then they had better start busting their asses to figure ot if any had been made and where they went.
    Really? So, the police/FBI, having gathered enough evidence to arrest those 6 men, interrogate them, search their apartments, work, etc., will then go to their neighborhood bookstore to find out what they've been buying? Bullshit. How about they look at the fucking books in their fucking houses. The only reason to have unhindered access to bookstore records is to use them to form opinions on the suspect, or clarify to the ones they already have.
    Meanwhile, you and I have not had our civil liberties infringed one single bit.
    Good god, what do you think "infringe" means? "Look up my bookstore records, FBI guy! It's all fine by me!" "Put a tail on me 24/7! Take plenty of pictures!" "Feel free to bug my house, feds! Be sure to get a camera in the bedroom!" "I'm jeramybsmith, and I don't want any civil liberties!"
    Ponder this, you have expose a terror cell and don't capture one of them. You find out at the local book store they were buying books on flying small aircraft. Ah ha! You have a lead!
    As I said above, this is FINE! Because if you've fucking arrested them, then you got a warrant, and you can go to the bookstore with that. Not that you'd need to, since you collected all their fucking books when you tossed their place.
    However, I feel government should be able to access the records that are there if there is an imperative national security interest.
    If national security is at stake, then I imagine they won't have much trouble getting a warrant from a judge.

    Lastly: get a clue and toss in some fucking line breaks.

  • by BitterOak ( 537666 ) on Friday February 21, 2003 @12:24AM (#5349885)
    Not unless they destroy it after it has actually been subpoenaed or otherwise requested.

    IANAL, so I don't have a reference handy, but I do recall reading that if you have reason to believe that materials will be subpoenaed in the future, and you destroy it with the express intent of avoiding having to comply with the subpoena, then that counts as obstruction of justice.

    I'm really curious to hear from someone who actually is a lawyer on this point.

  • by Zhe Mappel ( 607548 ) on Friday February 21, 2003 @12:55AM (#5350073)
    This cancer on the Constitution is the real problem. And the harm has yet to spread. Wait until the prosecutions start, or private data is leaked to discredit opponents, or blacklisting begins; all this happened half a century ago and can happen again.

    Which politician is man or woman enough to lead the fight to undo these un-American powers? We know that in the Senate only Feingold resisted, although colleagues have become braver since. And yet the nation remains enthralled to right wing fantasies, driven hysterical by an irresponsible administration and its cynical Democratic allies who use fear to control the public as ranchers use cattle prods.

    The hour demands a Lincoln; all we have is a Bush! Is there no one in office with love great enough for our freedom to save it?

  • by slothman32 ( 629113 ) <pjohnjackson@gmail. c o m> on Friday February 21, 2003 @12:58AM (#5350085) Homepage Journal
    We don't want a Lincoln. What he did during the Civil War (American obviously) was shut down anti-war newspapers. Let's hope Bush doesn't get that idea.
  • by Denver_80203 ( 570689 ) on Friday February 21, 2003 @01:04AM (#5350116)
    longer than 3 months. It it's demanded for legal reasons, we don't have it. The deal is that for this to be legally solid, you must maintain the same policy for all users without exception. This means no .pst or .ost (offline outlook folders -oh god now you know I use MS). What's nice is: this forces people to maintain their email, and thus their jobs a little better. Of course, it's not the most popular policy my IT dept offers.
  • Close... (Score:3, Interesting)

    by intermodal ( 534361 ) on Friday February 21, 2003 @01:07AM (#5350128) Homepage Journal
    the fact is that everyone good enough for the job either is smart enough to know that they don't want the job, or while more qualified, could easily be smeared to death by the Democrats, Republicans, or anyone else really. People think that US leaders should be exemplary, but get angry if you tell them that Jefferson had slaves and that Washington had a 'hemp garden'. Perhaps if they weren't elected by hypocrites it would be easier to get quality candidates rather than a lesser of two evils.
  • Re:Law Enforcement (Score:4, Interesting)

    by sconeu ( 64226 ) on Friday February 21, 2003 @01:32AM (#5350230) Homepage Journal
    Arthur C. Clarke, \i{Imperial Earth}. Anyone who wants an office was, by definition, unqualified for it. Officeholders had to be dragged kicking and screaming into office.
  • Re:Law Enforcement (Score:2, Interesting)

    by slarti ( 15513 ) on Friday February 21, 2003 @01:51AM (#5350309) Homepage
    How about we elect our officials the way they are currently elected, we purchase them like any other product. Make them dance and sing for us and we'll buy the ones we want. The election was turned into the Super Bowl/World Cup you know people would vote. Add a Lottery to boot and your guaranteed to pay for the next one, everyone buys their vote. Just a dream I had once...
  • Re:Law Enforcement (Score:2, Interesting)

    by 31 Flavas ( 534728 ) on Friday February 21, 2003 @02:17AM (#5350441)
    We should: Pick people at random, elect people who aren't running for office.

    Well then you run the problem having to have an "advisor(s)" for the randomly chosen person. It's been in movies a million times the advisor is always corrupt. Or take the stock market and "Financial advisors" or "Investment advisors". Their advice is always going to be what either 1) Makes them the most money. or 2) What the Company/Boss wants them to say.

    So unfortunatly, we can't just elect any random dolt of the street. Politicians have to be career politicans.

    As far as the president... I'm all for free choice and voting, except for the stipulation that anyone who want to be president has to have been an officer in the one of the armed forces.

  • by darnok ( 650458 ) on Friday February 21, 2003 @04:42AM (#5350883)
    > The politicians don't suck, the population sucks
    > if this is the best we have to offer.

    I'm inclined to think it's a different issue altogether.

    Here in Australia, there's ongoing outrage at the fact that "run of the mill" federal politicans make something around twice the average salary. Given the responsibility that these guys take on, compared with "average salary" guy, I think they're woefully underpaid.

    Think about it: a lot of us working in IT wouldn't even consider taking these jobs on, since we couldn't afford the pay *cut* we'd get in trying to help lead our countries. Doesn't that seem ridiculous? - we can make much more money doing relatively obscure IT work for large corporations that we could if we were running our countries!

    Factor in the time commitment of a political career, and the only people left to take on the role are the independently wealthy and those who would otherwise be on relatively low incomes. For those with young kids, it's just about impossible, and that's been borne out by a significant number of Australian politicians "dropping out" to look after their families.

    Of course, there will always be those who take on the job because they feel they "should contribute in some way", but they may tend to be the people who have some sort of axe to grind with the present system.

    Look at a hypothetical alternative: Suppose we raised the income of politicians by a factor of (say) 10, and as a tradeoff limited the number of terms they could serve (maybe 10-15 years max). Suddenly, you'd get people who weren't interested in the role prepared to take it on. Now I'm not saying these people would do a better job (in fact, individually they might do worse), but by making the job more (financially) attractive you'd expect to a number of better quality people applying. By limiting the number of years someone can hold down a political career, you'd kill off the "career politician" mentality - those people who seem to focus simply on getting re-elected time after time, rather than contribute in any concrete way.

    I think these two steps would have the effect of weeding out a lot of the dud politicians, while keeping most of the good ones. Maybe then such stupidities as the Patriot Act, Copyright Extension Act and DMCA in the US, and unenforceable Internet censorship laws and "Muslim=bad" political hype in Australia, wouldn't keep popping up.
  • by I am Jack's username ( 528712 ) on Friday February 21, 2003 @06:37AM (#5351204)
    You blame the parties, I'll keep blaming the people who keep voting for the republicrats, and the vast majority who don't vote at all - not even to go and spoil their votes by writing "none of the above" on their ballots.

    "It comes from a very ancient democracy, you see..."
    "You mean, it comes from a world of lizards?"
    "No", said Ford, who by this time was a little more rational and coherent than he had been, having finally had the coffee forced down him, "nothing so simple. Nothing anything like so straightforward. On its world, the people are people. The leaders are lizards. The people hate the lizards and the lizards rule the people."
    "Odd", said Arthur, "I thought you said it was a democracy."
    "I did", said Ford. "It is."
    "So", said Arthur, hoping he wasn't sounding ridiculously obtuse, "why don't the people get rid of the lizards?"
    "It honestly doesn't occur to them", said Ford. "They've all got the vote, so they all pretty much assume that the government they've voted in more or less approximates to the government they want."
    "You mean they actually vote for the lizards?"
    "Oh yes", said Ford with a shrug, "of course".
    "But", said Arthur, going for the big one again, "why?"
    "Because if they didn't vote for a lizard," said Ford, "the wrong lizard might get in. Got any gin?"
    "What?"
    "I said", said Ford, with an increasing air of urgency creeping into his voice, "have you got any gin?"
    "I'll look. Tell me about the lizards."
    Ford shrugged again.
    "Some people say that the lizards are the best thing that ever happened to them." he said. "They're completely wrong of course, completely and utterly wrong, but someone's got to say it." - Douglas Adams, So long, and thanks for all the fish, chapter 36.

    "It's better to vote for what you want and not get it than to vote for what you don't want and get it." - Eugene V. Debs

  • Re:Remember that AD? (Score:2, Interesting)

    by privacyt ( 632473 ) on Friday February 21, 2003 @09:22AM (#5351640)
    NPR had a story on it. The person who made the public servic ad in November 2001 was unaware that the PATRIOT Act gave the government the power to do the very thing that the advertisement portrayed. The ad was quietly pulled from the air, and with most of the population still waving flags from their cars, people barely noticed.
  • by froth ( 466330 ) on Friday February 21, 2003 @09:49AM (#5351782)
    I've got an idea. The public is generally considered very bad at governing itself right? (In terms of making logical descions) Masses of people tend to act on whims, emotions, and whatever the "group" feels at the moment. Mob mentality on a grand scale if you will. I suppose that this is because people don't tend to think logically in these kinds of situation, whether because they don't want to think for themselves out of laziness, lack of time, or lack of resources to educate themselves. I don't know. What if a public service was started that during elections, say maybe.. the whole week before the election, every TV station has a voter education segment that reviews each canditate and issue in a non-partisian fashion. And I don't mean just a half hour election primer sitcom deal. I'm talking every channel, several hours worth of information. Does anyone think this might help?

  • by bucklesl ( 73547 ) on Friday February 21, 2003 @10:29AM (#5351986) Homepage
    I agree. It is interesting to note that only third parties generate ANY change in the political arena. Socialists, Communists, Populists, etc. all had more influence on society than Republicans and Democrats -- working conditions (40hr week), freedom of speech (IWW), unionization, etc. I'm sure that some would argue differently, of course.

    Another problem is that third parties have a hard time getting on state ballots. Here in North Carolina it is almost impossible for candidates to get on the ballot. For example, there was a Write-In candidate for Senator last election, but he wasn't able to get his name on the ballot. They had a blank for you to write his name on. How hard would it have been to put his name as a choice, rather than printing "Write In _________"? I wrote his name on my hand before voting so I wouldn't misspell it...
  • Re:Law Enforcement (Score:2, Interesting)

    by killmenow ( 184444 ) on Friday February 21, 2003 @10:51AM (#5352161)
    Politicians have to be career politicans.
    No, they most definitely do not. They most certainly should not. Without a doubt, they most emphatically cannot.

    The career politician is precisely the problem. Pop quiz: What's the solution?
    A) Random selection of officials
    B) Dictatorship
    C) Term Limits
    D) Who cares? Pass me a beer...
    E) CowboyNeal

    If you answered C you answered correctly. (Well, maybe D is okay.)

    If a politician can hold no single office for more than two terms and cannot campaign for any public office while holding one, there is less opportunity for corruption. Period.

    ...Nah, I'm just joshing: the answer is CowboyNeal!
  • by ChristTrekker ( 91442 ) on Friday February 21, 2003 @11:23AM (#5352433)
    Because the most states have a "winner take all" system, any candidate that doesn't have enormous numbers of backers to begin with isn't going to win anyways.

    "Winner takes all" only applies in presidential elections. There are a number of other problems which apply in all elections. The plurality voting system is chief among them.

    So, if no candidate gets a majority, you have a run-off among the top contenders.

    Bad idea. Learn about the problem with Instant Runoff Voting [electionmethods.org]. The same problem applies in any runoff, instant or not. Sometimes the best "compromise" candidate may get eliminated first, and you're stuck voting between two bad choices - exactly what we have now. Yes, plurality voting is bad, but IRV isn't really any better (even though it seems to be). The system you want is Condorcet [eskimo.com] voting [electionmethods.org]. Same ranking method, but you consider all preferences simultaneously rather than sequentially.

    Now that I think about it, getting rid of the electoral college would have the same effect as insisting on proportional represntation of electoral college seats.

    Not really. True proportional representation by popular vote forgets that the states, as political entities, should be represented in the federal government too. (That's what federal government means, the federation of individual states.) In Congress we have one house that represents the states (at least we did until that lousy 17th Amendment) and one that represents the people. The EC is an attempt to unify the interests of the states and the people when voting for a singular office (president). That's why the number of EC votes a state has is the total number of Senators and Representatives from that state.

    I do agree that "winner takes all" is a broken system. The legislators that put it in place were very short-sighted - in giving more power to "their state's party" in presidential elections, they didn't think that the balance of power in their state might swing another way in the future and end up hurting "their party". NE and ME allocate their EC votes (less two) proportionally by congressional district to the plurality winner of that district. That's a good attempt at compromise. I think it would be better if we used Condorcet, better still if the last two EC votes were decided in the state legislature (if they are supposed to represent the state's interest) and we scrapped the 17th Am. while we're at it. Remember, these issues are decided by your state legislators, not DC. This gives you much greater ability to make a change to the system. It's closer to you, and hence more responsive.

    I've also heard people say that we don't have enough representatives in Congress. With only 435, each has far too many constituents to respond to. The Constitution originally called for a 1:30k ratio. Maybe several thousand would be a tad excessive, but with modern technology I don't see why the number couldn't be increased without hampering the ability to debate. This means you'd have more chance of your view being represented in Congress, and combined with the idea of allocating EC votes by CD, a better chance of picking the president too.

Math is like love -- a simple idea but it can get complicated. -- R. Drabek

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