[iwar] [fc:Can.Congress.Convene.Online?]

From: Fred Cohen (fc@all.net)
Date: 2001-10-25 18:53:58


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Date: Thu, 25 Oct 2001 18:53:58 -0700 (PDT)
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Subject: [iwar] [fc:Can.Congress.Convene.Online?]
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Can Congress Convene Online?
By Noah Shachtman 

2:00 a.m. Oct. 25, 2001 PDT

Spooked by anthrax in the Capitol, public officials and opinion makers
are scrambling to figure out how to keep the government running if
Congress can't physically convene.  Among the options being considered:
having senators and representatives gather online, in "an electronic
Congress."

The idea, proposed by the Democratic Leadership Council -- the centrist
group once headed by Bill Clinton -- is finding sympathetic ears in both
parties.  But don't expect lawmakers to begin voting on their laptops
any time soon, policy analysts caution. 

In an online newsletter article entitled "Legislating By Any Means
Necessary," the DLC asserted that a website "could easily be built" that
would allow congress members and their staffs to debate, draft
legislation and vote over the Internet. 

Entry to the site would be restricted by more than just a password, the
DLC article stated.  "Bio-metrics" or "human verification" would likely
be required to enter the virtual halls of an e-Congress, so "the best
system might require members spread around the country to go to the
nearest state capitol or city hall to use special kiosks there."

This question of access is one of several "ifs, ands or buts that go
along with a proposal like this," Ari Schwartz, associate director of
the Center for Democracy and Technology, said. 

"As an idea, this is laudable," he continued.  "But there's the
potential to make the system much more closed than it is in the physical
world.  Maybe it can't be open to the public because we don't want
hackers breaking in."

Randolph Court, a DLC staffer (and former Wired News contributor) who
helped shape the report, said, "This was supposed to be a conversation
starter.  We put this out there not as a full-baked proposal, not as an
end-to-end solution."

Currently, the proposal calls for the site to be open to the public on
"a read-only basis, so citizens could watch their representatives much
as they can now on C-Span."

Other solutions for continuing congressional operations during an
emergency seem no more complete.  The White House, for example, recently
proposed taking the power of the purse away from Congress if it's unable
to meet, providing for an automatic extension of the government's
funding for 30 days under such circumstances. 

Rep.  Brian Baird (R-Washington) has proposed a constitutional amendment
that would allow governors to appoint temporary replacement legislators
if more than a quarter of the members of Congress are killed or
incapacitated.  The special elections system currently in place to
replenish Congress' ranks when a representative or senator dies would
take too long in a national emergency, Baird said.  Fifty co-sponsors
have signed onto Baird's bill since its introduction last week. 

Baird -- who participated this week in an American Enterprise Institute
panel ominously entitled, "What if Congress Were Obliterated?" -- is
open to the idea of an e-Congress. 

"There's merit to the idea (of) maintaining communication and voting
electronically if the Capitol's facilities are unusable," he said. 

But in a body that has banned mobile phones and laptops from the
congressional chambers, forbids remote deliberations and prohibits
voting from members' offices, Baird may be in the minority. 

"It's unreasonable that we couldn't get the members to meet in a
building somewhere," Newt Gingrich, former Speaker of the House, said. 

James Snider, an analyst at the New America Foundation, said, "There's
no question that there's fierce opposition in Congress to doing anything
that might transform the current system of face-to-face communication."

The U.S.  Constitution itself might prevent an online congressional
session, according to Norman Ornstein, the American Enterprise Institute
congressional scholar. 

Article 1, Section 5 of the Constitution states that "neither House,
during the Session of Congress, shall, without the consent of the other,
adjourn for more than three days, nor to any other place than that in
which the two Houses shall be sitting."

During the War of 1812, the Capitol building and the White House were
burned to the ground by the British.  A quick withdrawal allowed the
government to continue without running afoul of the constitutional
provision. 

At the height of the Cold War, there were elaborate evacuation plans to
move members of Congress to a hidden bunker at the Greenbrier resort in
West Virginia. 

But the Greenbrier is today a tourist getaway, not a secret hideaway. 
And there's been no replacement for the shelter since its closing. 

As Ornstein said, "It's fairly evident from the chaos when the House and
Senate decided to close down that there's no game plan."

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