Finally! An opportunity to say something positive about representative democracies! The opportunities to do so are rather meager these days, it seems, what with all the talk about their failings and lackings, especially when compared to direct democracy, which is becoming more and more possible every day. This is a tailor made case for representative democracy.

To all the comments speaking to the shortcomings of their legislators and how those shortcomings translate to suboptimal or even outright harmful laws, please consider two other options. Direct democracy and laissez-faire /libertarianism /anarchy.

First, consider direct democracy. By opening the legislative process to every eligible citizen, there is little chance the voting base will become more knowledgeable as to the issues of technology it will be voting on. It will in all probability become less knowledgeable, on par. Direct democracy increases the cognitive load on the legislator by orders of magnitude. By not having professional legislators each citizen must become, in addition to already being a productive member of the work force keeping their skills sharp and keeping abreast of advancements in their field, being a responsible, good member of their social circles, oh, and having a personal life, they must now both make decisions as to when they should devote resources to their legislative duties, given there will always be something up for vote, they must also devote resources deciding how they will vote. So, direct democracy not only creates a larger pool of non expert technology legislators but it also creates a framework in which those new legislators are less capable to devote the appropriate resources to legislate effectively.

Now consider the laissez-faire case. This one is easy, and for a contemporary case study one just needs to look at the recently drafted TPP language on restrictions on States regarding OSS. Laissez-faire simply settles in whatever state is conducive to the capabilities and sensibilities of the most fit entity given the initial state of the environment and its constituents. If the environment is most conducive to an entity which is benevolent and intelligent, awesome. If it is conducive to the successful outcome of a self interested, profit motive driven entity, awesome or not, that is the outcome in that case. It is amoral. No judgement. Just outcome.

The case for representative democracy then follows rather nicely, for once. Representative democracy creates a specialized space for crafting legislation where the citizens concerned about a given piece of legislation can appeal to the legislators to devote more resources to that particular issue, over other issues. Additionally they can provide additional resources to the legislators on a case by case basis to help them legislate, which may come in the form of financial assistance, access to relevant case or field studies, or experts in the domain. The non legislative citizens can then still go on about their lives, and the legislators can craft better quality legislation. Lobbying would be a form of this activity, but one in which the non legislative party is already decided as to how the legislation should look in its finished form, rather than simply trying to inform better legislation.

Two other benefits of representative democracy. The process inserts safety-switches in the form of, for example, checks and balances (only possible when the legislature is split in to different bodies, does not work when the whole legisture is involved in every part of the process), vetoes and recalls (same thing here), or the formalized process itself, which might require drafting, review, certification, or cooling-off/reflection periods.

All of which I mention to say that, sure, our "legislators" proper have had some pretty dumb moments recently while discharging their duties, but let's not throw the baby out with the bath water. They are only a small part of our law making apparatus. Lobbyists have certainly been providing their full energy. The process itself, while never perfect, has certainly done well for its constituents over an extended historical period, especially compared to other experiments; part of the beauty of the currently implemented process is its ability to improve and broaden the scope of its constituency, which should certainly continue. And there are some examples of grass roots activity influencing the dialogue and end-product.

As technology experts, throwing our support and resources behind the entire process, in a holistic fashion, providing expertise, opening up operations to legislators and citizens so they can familiarize themselves with often mysterious domains, providing a forumn for dialogues surrounding the issues, etc, this, to me at least, seems like a promising way forward, as opposed to withdrawing from the process all together and assuming everthing will sort itself out to one's personal liking. Not every issue will be settled in a manner that will satisfy each citizen every time. But that is the trade off one makes for being part of a larger community which shares most, but not necessarily each of their interests and priorities with the other members of their community. On balance though, we should all be better off if everyone engages and basic rights are respected.

So, yeah, call you Senator or Representative today. :)