In our effort to reduce the corruption in politics, one of the main thrusts in campaign finance regulation has been for transparency. Donations to candidates must be declared publicly. We want to see who is funding a candidate. This applies even to $100 donations.

While the value of such transparency seems clear -- though how effective it's been remains less clear -- there are some things that have bothered me about it.

1. It's quite a violation of privacy. We demand secret ballot, but supporting a candidate gets us in a database and a lot of spam.
2. Some people are so bothered by this invasion of privacy that they actually refrain from making donations, even small ones, to avoid it.

What if we reversed that thinking. What if we demanded that donations to candidates be anonymous?

• A special agency would be created. All donations would flow into that agency, along with which candidate they are meant for.
• Only the agency would know who the money went to. After auditing was done to assure the agency was distributing the money correctly, the info would be destroyed. Before that it would be kept securely.
• Money would be given to candidates in a smoothed process with a randomized formula every few weeks, to avoid linking donations with dates. This might mean delays in getting some money to candidates.
• While anybody could say that they donated, to offer, solicit, show or receive proof of donation would be a crime. An official method of hiding donations in corporate P&Ls would need to be established.
• In general, all donations in any given period (a month or quarter?) must be given as a lump sum, with a list of how much to give each candidate. So even if you're sure a donor would never give anything but party X, you don't know which candidates in party X.

Now it would not be impossible to hide things entirely. If the Koch brothers say they gave a big donation, and you believe them, it's fairly safe to say it wasn't to Obama. At least for now, this will buy them more access to candidates on their side. But this gets harder over time. And the common corporate strategy of donating to both sides of a race to assure access no matter who wins becomes vastly less valuable. While you might convince somebody you are a regular donor and will pull your donation if you don't get what you want, it becomes very hard for you to prove.

There are a large number of constitutional amendments being proposed to reverse the effects of the recent US Supreme Court decision in Citizens United v. Federal Election Commission.

Here the court held that Citizens United, a group which had produced an anti-Hilary Clinton documentary, had the right to run ads promoting their documentary and its anti-Clinton message. It had been held at the lower court that because the documentary and thus the ads advocated against a candidate, they were restricted under campaign finance rules. Earlier, however, the court had held earlier that it was OK for Michael Moore to run ads for Fahrenheit 9/11, his movie which strongly advocated against re-electing George W. Bush. The court could not find the fine line between these that the lower court had held, but the result was a decision that has people very scared because it strips most restrictions on campaigning by groups and in particular corporations. Corporations have most of the money, and money equals influence in elections.

Most attempts at campaign finance reform and control have run into a constitutional wall. That's because when people talk about freedom of speech, it's hard to deny that political speech is the most sacred, most protected of the forms of speech being safeguarded by the 1st amendment. Rules that try to say, "You can't use your money to get out the message that you like or hate a candidate" are hard to reconcile with the 1st amendment. The court has made that more clear and so the only answer is an amendment, many feel.

It seems like that should not be hard. After all, the court only ruled 5-4, and partisan lines were involved. Yet in the dissent, it seems clear to me that the dissenters don't so much claim that political speech is not being abridged by the campaign finance rules, but rather that the consequences of allowing big money interests to dominate the political debate are so grave that it would be folly to allow it, almost regardless of what the bill of rights says. The courts have kept saying that campaign finance reform efforts don't survive first amendment tests, and the conclusion many have come to is that CFR is so vital that we must weaken the 1st amendment to get it.

With all the power of an amendment to play with, I have found most of the proposed amendments disappointing and disturbing. Amendments should be crystal clear, but I find many of the proposals to be muddy when viewed in the context of the 1st amendment, even though as later amendments they have the right to supersede it.

The problem is this: When they wrote that the freedom of the press should not be abridged, they were talking about the big press. They really meant organizations like the New York Times and Fox News. If those don't have freedom of the press, nobody does. And these are corporations. Until very recently it wasn't really possible to put out your political views to the masses on your terms unless you were a media corporation, or paid a media corporation to do it for you. The internet is changing that but the change is not yet complete.

Many of the amendments state that they do not abridge freedom of the press. But what does that mean? If the New York Times or Fox News wish to use their corporate money to endorse or condemn a candidate -- as they usually do -- is that something we could dare let the government restrict? Would we allow the NYT to do it in their newspaper, but not in other means, such as buying ads in another newspaper, should they wish to do so? Is the Fox News to be defined as something different from Citizens United?

I'm hard pressed to reconcile freedom of the press and the removal of the ability of corporations (including media ones) from using money to put out a political message. What I fear as that to do so requires that the law -- nay, the constitution -- try to define what is being "press" and what is not. This is something we've been afraid to do in every other context, and something I and my associates have fought to prevent, as lawsuits have tried to declare that bloggers, for example, were not mainstream press and thus did not have the same freedom of the press as the big boys.

Some time ago I ranted how I hate being invited to fill out a customer service survey after every bloody transaction in the online world. Companies don't seem to clue in that if they ask for surveys too much, they end up getting the opinions only of the angered or overeager.

Around the world, revolution has been brewing, and new governments are arising. So often, though, attempts to bring democracy to nations not used to it fail. I don't know how to solve that problem, but I think it might be possible to make these transitions a bit easier, with a bit of modern experience and technology.

What these aspiring new governments and nations could use is a ready-made, and eventually time tested set of principles, procedures, services and people to take the steps to freedom. One that comes with a history, and with the respect of the world, as well as the ability to win the support of the people. I am not the first to suggest this, and there have been projects to prepare draft constitutions for new countries. George Soros has funded one, and one of its constitutions is being considered in Egypt, or so I have heard.

Eventually, I hope that a basic interim constitution could be created which not only is well crafted, but wins the advance support of the global community. This is to say that major nations, or bodies like the U.N. say, "If you follow these principles, really follow them, then your new government will get the recognition of the world as the legitimate new government". This is particularly important with a revolution, or a civil war as we are seeing in Libya. Big nations are coming to the aid of those under attack. But we don't know what sort of government they will create.

Today we assume that a people should self-determine their own constitution, to match their own culture. That is a valid goal, and a constitution just have the support of the vast majority of a people. But the people must also interact with the world, and the government must gain recognition. There are many lessons to be learned from the outside world, including lessons about what not to put in a constitution, even though it matches the local culture. Most new nations still find themselves wracked with sectarian, tribal and geographic divisions, and in this situation, impartial advice and even pressure can be valuable down the road.

Temporary constitution

I believe that each new country needs first an immediate, temporary, minimalist constitution. This constitution would define a transitional government, and put strong time limits on how long it can exist. This constitution would establish the process for creation of the permanent constitution, but also put limits on what can't go in it without a major supermajority vote. Right after a revolution, a new nation may have a huge, but temporary sense of unity and devotion to principle. That devotion will fade as various factions arise and pressure is applied.

The temporary constitution should be minimalist, as should be the government. It should have strong principles of transparency and accountability, because in turbulent times there is often rampant corruption and theft.

It should also, ideally, bring in principles and bodies of law almost word-for-word from other countries. While this is temporary, it provides an immediate body of precedent, and a large body of experts already trained in that nation's law. It isn't that simple of course, since some laws are not meant to be enforced if it is known they are temporary, otherwise people will exploit the expiration.

Possibly the temporary constitution would define an executive with broader power than the permanent one. There may not be the bureaucracy in place to do anything else. It could be that those who serve at the high levels of the transitional government will be barred from standing in elections for some number of years, to assure they really are just there to serve in the transition, and not become new autocrats. This may also be a useful way to make use of the services of the middle echelons of the old regime, who may be the only ones who know how to keep some things running.

Imported, sometimes remote, jurists

If there is some standardization to the system of laws, the new country can import the services of impartial foreign jurists. Some will volunteer and come. Some will come for pay, even though the payment might be deferred until the new country is on its feet. And some might serve remotely, over videoconferencing. Modern telepresence tools might encourage volunteers (or deferred payment workers) to take some time to help a new country get on its feat, providing justice, auditing and oversight.

In 2004, I described a system that would allow secure voting over an insecure internet and PC. Of late, I have been pondering the question of how to build a "turn-key democracy kit" -- a suite of tools and services that could be used by a newly born democracy to smoothly create a new state. We've seen a surprising number of new states and revolutions in the last few years, and I expect we'll see more.

One likely goal after any revolution is to quickly hold some sort of meaningful election so that it's clear the new regime has popular support and is not just another autocracy replacing the old one. You don't have time to elect a full government (and may not want to due to passions) but at some point you need some sort of government that is accountable to the people to oversee the transition to a stable democracy.

This may create a need for a quick, cheap, simple and reliable election. Even though I am generally quite opposed to the use of voting machines, particularly voting machines which only record results in digital form, there are a number of advantages to digital voting over cell phones and PCs in a new country, at least in a country that has a digital or mobile phone infrastructure established enough so that everybody, even if they don't have a phone, knows someone who has one.

Consider:

• In a new country, fresh out of autocracy, powerful forces will oppose the election. They will often try to prevent it or block voters.
• A common technique is intimidation, scaring people away from voting with threats of violence around polling places.
• The attacks against digital voting systems tend to require both sophistication and advanced planning.
• For a revolutionary election, the digital voting systems may well be brought in and operated by disinterested foreign parties, backed by the U.N. or other agencies.
• An electronic system is also immune to problems like boxes of ballots disappearing or being stuffed or altered.

It may be judged that the risks of corruption of a digital or partially digital election may be less than the risks of a traditional polling place election in a volatile area. It may also be hard to build and operate trustable polling places in remote locations, and do it quickly.

The big issue I see is maintaining secret ballot. It is difficult to protect secret ballot with remote voting, and much easier in polling-station voting. If secret ballot is not adequately protected, forces could use intimidation to make sure people vote the right way, or in some cases to buy votes. I am not sure I have a really good solution to this and welcome input; this is an idea in the making.

In my "New Democracy" topic I am interested in ideas about how technology can change democracy and governance. In California, a rule was passed (curiously needing only a 50% majority) that any ballot propositions that wanted to raise new taxes for specific projects needed a 2/3rds majority to come into effect. I'm in agreement with that. My libertarian bent knows the dangers of letting 51% of the people decide to spend the money of 100% of the people on the flavour-of-the-month.

In this county, a proposition that needs 66% asks for a $29 levy on all properties to pay for medical programs for children. How could anybody vote against that? (I have not examined this proposition in detail, but generally when you see "motherhood" propositions on the ballot, particularly bonds, they have been put there by politicians who have other projects they know would not be popular. So they arrange a ballot proposition to raise money for something nobody could be against, which normally they would have had to spend general revenue on, and this frees up general revenue so they can spend it with less accountability.)

But I digress. And I'm not trying to comment on this particular issue or wishing to come out against medicine for children. But in looking at this proposal, it was clear to me that if 2/3rds of voters wanted it, then you would get the same amount of money if 2/3rds of voters just paid $43.50 (50% more) out of their pockets! No need for a vote (which probably costs quite a bit of money) or asking those who don't agree to pay. In fact, since property owners are probably just a small fraction of the voting population, it might require less than $29 per eligible voter (though not, alas, per ballot casting voter.) With a small amount like this, is there a different way we could do things?

Imagine a contribution system where some sort of publicly funded project could be proposed, with an amount and time period. Each person could register their agreement to pay any amount, including the suggested one, but also less or more. Agreements by registered voters would count as a vote for the plan in addition to being a pledge to pay. (You will see why later.)

(Update: This was written back when Kickstarter and similar companies had just gotten started, you will see similarities to it, and my earlier proposal for congressional voting from 2006.)

The total amount pledged, and the general distribution of it, would be public. People would see if the measure was close to getting its funding target. If it does not reach the target, nobody has to pay. If it reaches the target by a deadline, everybody has to pay what they committed -- in fact it is just added to their tax bill. (This works only with property tax and income tax, not with sales taxes.)

Our world has not rid itself of atrocity and genocide. What can modern high-tech do to help? In Bosnia, we used bombs. In Rwanda, we did next to nothing. In Darfur, very little. Here's a proposal that seems expensive at first, but is in fact vastly cheaper than the military solutions people have either tried or been afraid to try. It's the sunlight principle.

First, we would mass-produce a special video recording "phone" using the standard parts and tools of the cell phone industry. It would be small, light, and rechargeable from a car lighter plug, or possibly more slowly through a small solar cell on the back. It would cost a few hundred dollars to make, so that relief forces could airdrop tens or even hundreds of thousands of them over an area where atrocity is taking place. (If they are $400/pop, even 100,000 of them is 40 million dollars, a drop in the bucket compared to the cost of military operations.) They could also be smuggled in by relief workers on a smaller scale, or launched over borders in a pinch. Enough of them so that there are so many that anybody performing an atrocity will have to worry that there is a good chance that somebody hiding in bushes or in a house is recording it, and recording their face. This fear alone would reduce what took place.

Once the devices had recorded a video, they would need to upload it. It seems likely that in these situations the domestic cell system would not be available, or would be shut down to stop video uploads. However, that might not be true, and a version that uses existing cell systems might make sense, and be cheaper because the hardware is off the shelf. It is more likely that some other independent system would be used, based on the same technology but with slightly different protocols.

The anti-atrocity team would send aircraft over the area. These might be manned aircraft (presuming air superiority) or they might be very light, autonomous UAVs of the sort that already are getting cheap in price. These UAVs can be small, and not that high-powered, because they don't need to do that much transmitting -- just a beacon and a few commands and ACKs. The cameras on the ground will do the transmitting. In fact, the UAVs could quite possibly be balloons, again within the budget of aid organizations, not just nations.

Like most post-election seasons, we have our share of recounts going on. I'm going to expand on one of my first blog posts about the electoral tie problem. My suggestion will seem extremely radical to many, and thus will never happen, but it's worth talking about.

Once they made rules that political ads had to specify who was sponsoring them, we started seeing a lot of ads that would say they were sponsored by some unknown organization with a good sounding name. You see this from all sides of the equation; everybody picks a name that sounds like they are for truth, justice and the American Way, and anybody against them is against those things.

The law is full of defaults, as it is supposed to be. Some are in statutes, some are the result of many years of history of common law. They define the duties that people have in many ordinary transactions.

There's a bit of an internet buzz this week around a video of a law lecture on why you should never, ever, ever, ever talk to the police. The video begins with the law professor and criminal defense attorney, who is a good speaker, making that case, and then a police detective, interesting but not quite as eloquent, agreeing with him and describing the various tricks the police use every day with people stupid enough to talk to them.

No, I don't mean dissolve congress. Rather I propose a different way to run a legislature in the modern world.

Pundits like to point out when some new media technology changes seriously changed politics. When I was young, everybody talked about how the Kennedy-Nixon debates ushered in the era of the TV candidate and changed politics forever. (It did indeed seem unlikely a candidate in a wheelchair from polio could win today, but in fact in Bob Dole and John McCain we have two candidates without full use of their arms.)

No doubt when radio came into play there was similar commentary.

Today I attended a session led by Ka-Ping Yee at our Foresight Nanotech unconference on some of his new thinking in voting machines. While Ping was presenting a system to secure the type of voting machines we've been saddled with of late, both he, I and many others like the idea of an open source system which divides the ballot generator from the ballot counter. In such a system you have two machines. One helps the voter prepare a standard ballot that is human readable.

Continuing our discussion of the goals of voting systems, today I want to write about ballots that let you vote for more than one candidate in the same race. Many people have seen Preferential voting where you rank the candidates in order of how much you like them. This is used in Australia, and many private elections such as for the Hugo Awards. The most widely known preferential ballot is Single Transferable Vote and its cousin the instant-runoff. Many election theorists, however view these as the worst possible system. I prefer the Condorcet method with the modification that the cases where it fails, it is declared a tie, or a second type of election is used to break the tie. While it has been demonstrated that all preferential ballots have failure modes where they choose somebody that seems illogical based on the voters' true desires, this does not have to be true when a tie is possible.

Multiple candidate votes would provide a dramatic improvement in the US -- they are already used in many other places. They would have entirely eliminated the question of minor candidates "splitting" or spoiling the vote. There would have been no question in Florida of 2000, with Al Gore defeating George W. Bush (and at least by the popular vote, some feel that Bill Clinton would have lost to George Bush the elder, and there's strong evidence the electoral margin would have at least been smaller.) This is in fact what prevents them from being used -- there is always somebody in power who is going to conclude they would have lost has there been a multi-candidate ballot in place. Such people will fight it harder than advocates push it.

Small party candidates want it because it gives them a chance to be heard. Voters who like them can safely express that preference without fear of "spoiling" the race among the frontrunners. Given that, small candidates can eventually become frontrunners. In the 2 party system, as we've seen, any time a minor candidate like Ralph Nader gets popular enough that he might actually make a difference, the result is cries of "Ralph, don't run" and a dropping of support from those who fear that problem.

In my series on the design of new voting systems, I would now like to discuss the question of high voter turnout as a goal for such systems.

Everybody agrees in enfranchisement as a goal for voting systems. Nobody eligible should find voting impossible, or even particularly hard. (And, while it may not be possible due to disabilities, it should be equally easy for a voters.)

However, there is less agreement about trading off other goals to make it trivial to vote. Some voting systems accept that there will be a certain bar of effort required to vote, and don't view it as a problem that those who will not make a certain minimum effort -- registering to vote, and coming down to a polling station -- don't vote. Other systems try to lower that bar as much as possible, with at-home voting by mail, or vote-by-internet and vote-by-phone in private elections. And many nations, such as Australia, even make voting compulsory, with fines if you don't vote.

What makes this question interesting is the numbers. With 50% voter turnouts, or even less if there is not an "interesting" race, not having trivial voting "disenfranchises" huge numbers of voters. The numbers dwarf any other number in election issues, be it more standard disenfranchisements of minorities or the disabled, or any election fraud I've ever heard about. A decision on this issue can be the most election-changing of any. Australia has 96% voter turnout, and it had 47% turnout before it passed the laws in 1924 compelling voting.

Yesterday, I wrote about election goals. Today I want to talk about one of the sub-goals, the non-provable ballot, because I am running into more people who argue it should be abandoned in favour of others goals. Indeed, they argue, it has already been abandoned.

As I noted, our primary goal is that voters cast their true desire, independent of outside pressure. If voters can't demonstrate convincingly how they voted (or indeed if it's easy to lie) then they can say one thing to those pressuring them and vote another way without fear of consequences. This is sometimes called "secret ballot" but in fact that consists of two different types of secrecy.

The call to give this up is compelling. We can publish, to everybody, copies of all the ballots cast -- for example, on the net. Thus anybody can add up the ballots and feel convinced the counts are correct, and anybody can look and find their own ballot in the pool and be sure their vote was counted. If only a modest number of random people take the time to find their ballot in the published pool, we can be highly confident that no significant number of ballots have not been counted, nor have they been altered or miscounted. It becomes impossible to steal a ballot box or program a machine not to count a vote. It's still possible to add extra ballots -- such as the classic Chicago dead voters, though with enough checking even this can be noticed by the public if it's done in one place.

The result is a very well verified election, and one the public feels good about. No voter need have any doubt their vote was counted, or that any votes were altered, miscounted, lost or stolen. This concept of "transparency" has much to recommend it.

Further, it is argued, many jurisdictions long ago gave up on unprovable ballots when they allowed vote by mail. The state of Oregon votes entirely by mail, making it trivial to sell your ballot or be pushed into showing it to your spouse. While some jurisdictions only allow limited vote by mail for people who really can't get to the polls, some allow it upon request. In California, up to 40% of voters are taking advantage of this.

Having given up the unprovable ballot, why should we not claim all the advantages the published ballot can give us? Note that the published ballots need not have names on them. One can give voters a receipt that will let them find their true ballot but not let anybody who hasn't seen the receipt look up any individual's vote. So disclosure can still be optional.

This week I was approached by two different groups seeking to build better voting systems, something I talk about here in my new democracy topic. The discussions quickly got into all the various goals we have for voting systems, and I did some more thinking I want to express here, but I want to start by talking about the goals. Then shortly I will talk about the one goal both systems wanted to abandon, namely the inability to prove how you voted.

Many of the goals we talk about are actually sub-goals of the core high-level goals I will outline here. The challenge comes because no system yet proposed doesn't have to trade off one goal for another. This forces us to examine these goals and see which ones we care about more.

The main goals, as I break them out are: Accuracy, Independence, Enfranchisement, Confidence and Cost. I seek input on refining these goals, though I realize there will be some overlap.

A well known curse of many representative democracies is gerrymandering. People in power draw the districts to assure they will stay in power. There are some particularly ridiculous cases in the USA.

I was recently pointed to a paper on a simple, linear system which tries to divide up a state into districts using the shortest straight line that properly divides the population. I have been doing some thinking of my own in this area so I thought I would share it. The short-line algorithm has the important attribute that it's fixed and fairly deterministic. It chooses one solution, regardless of politics. It can't be gamed. That is good, but it has flaws. Its district boundaries pay no attention to any geopolitical features except state borders. Lakes, rivers, mountains, highways, cities are all irrelevant to it. That's not a bad feature in my book, though it does mean, as they recognize, that sometimes people may have a slightly unusual trek to their polling station.

I've written before about one of the greatest flaws in the modern political system is the immense need of candidates to raise money (largely for TV ads) which makes them beholden to contributors, combined with the enhanced ability incumbents have at raising that money. Talk to any member of congress and they will tell you they start work raising money the day after the election.