After my encounter with an excessive plethora of unexpected internet viruses, and the comments from readers, my wife the professor made the observation, “The law hasn’t kept up with the internet.”  We both laughed, because it is so obvious as to be totally laughable.  It’s also laughable in a sadder way because it’s become apparent that the law will never be able to keep up with the internet… and quite possibly with other aspects of advanced technology.

For years now, a number of high-tech companies have been trying to protect themselves with not only patents, but with secret and secretive production processes, sometimes, I’ve been told, forgoing patent protection because they believe that a patent is a roadmap for a competitor.  At the same time, we have so-called genetics companies trying to patent genes obtained or derived from people and other organisms, which suggests some fairly frightening future scenarios.

Then there’s the growing reliance on high-speed information technology and information transfer.  As I’ve mentioned earlier, nanoseconds matter in the world of securities trading, and the fact that they do requires almost total reliance on high-speed computers and sophisticated algorithms.  The federal government is pushing for standardized electronic medical records, and pretty much every state government, every major corporation, and every federal department and agency is becoming increasingly reliant on such technologies.

And yet, this increasingly complex and interdependent web of information makes both our economy, as well as its underlying infrastructure, and thus not only our economy, but every industry and service, ever more vulnerable to technological disruptions, the causes of which could range from massive solar flares to inspired hackers, dedicated and sophisticated cyber terrorists, foreign computer operatives, and unexpected algorithm failures or applications.

We don’t have a legal structure that is designed to deal adequately with either massive electronic misfeasance or malfeasance, and even if we did, we don’t have the means to track down even a fraction of the perpetrators, let alone a way to legally and physically punish them.  And it’s highly unlikely that we ever will. This is not a problem unknown in human history.  In fact, in a sense, we deal with it every day, because no government anywhere can monitor all its people all the time and deal with all the possible violence they could commit. Historically, social codes have been far more important than laws… but social codes only work well with populations that share common values, which raises the overwhelming question, so to speak – what happens when neither laws nor social codes are able to restrict wide-scale information hacking, cyber-sabotage, intellectual property piracy, and out-and-out information systems terrorism? 

It’s clear that some organizations can muster the technology and skills to thwart or counter such; it’s also clear that most of us can’t, not on a continuing ongoing basis. Nor, at present, do most nations have adequate back-ups and alternative infrastructure and communications systems ready to take over in the event of information system failures on a national scale.  Yet the push for greater information technology integration continues, again fueled by promises of lower costs and greater efficiencies… or at least greater efficiencies until everything collapses.

Why isn’t anyone looking at this problem seriously?  Because, of course, it’s too expensive to resolve… and I fear that when people suddenly realize that something needs to be done, it will be far too late.

…and I’m angry, not quite raging rip-down-walls-mad, but close. Despite two different reputable anti-virus systems, both current, some virus or perhaps more than one, has rendered it useless, so much so that I had to turn it over to computer professionals for rehab.  All the files I need, except one, are backed up, and I can reconstruct that one, if necessary, but the time, money, and inconvenience resulting from this sort of event are more than a little irritating.

And for what?  So that some cyber-psycho can get his or her kicks out of destruction, out of wasting people’s money and time?  Or so that some sociopath can make other people’s hardware and software unwitting tools for some grand nefarious project that will victimize even more people?

I’m fortunate; I have back-ups; and I can afford repairs, but there was a time when this sort of thing would have thrown a huge monkey-wrench into life and family finances… and that’s still true for all too many people.

I’m definitely not a Luddite.  I like technology.  But as I’ve posted before, computer technology opens whole avenues of mischief, crime, and destruction.  It also has destroyed borders in so far as criminal activities are concerned.  Among other misperspectives, the right-wing opponents of immigration reform have totally missed the boat on crime.  Thanks to computers, a lot of the criminals outside our borders don’t even have to enter the U.S. in order to victimize Americans.  Without immigration reform, all we’re doing is making criminals out of those who came here to find work and opportunity and keeping the brightest of the rest of the world from coming here.

Computer viruses, worms, scams, identity theft, and the like are all part and parcel of crimes at a distance, where the perpetrator doesn’t see or have to face the misery he or she has caused, usually is never apprehended, and even if caught is seldom punished in any degree of relation to the harm caused.  It’s just another aspect of the technological desensitization of society, which includes rampant violence in every form of entertainment, sensationalistic news, computer/video games glorifying crime and violence, and the possibility of drone attacks all over the world.

Me, I’d just settle for an active virus-defense system that would immediately wipe the computer of anyone sending me such a virus or worm.

One of the functions that government performs best, in the sense that it is a function that can seldom be performed on a societal-wide basis by any other entity, is the one that citizens often have the least understanding of and/or the least willingness to support, with one or two notable exceptions.  That function?  To keep bad things from happening… or from getting worse once they happen.

Examples of such are police protection, trash collection, clean water, and effective sewer systems.  All of these are well-accepted government services with a large element of prevention embodied in their function. Other preventive government functions are not so well understood or accepted.

At one time, environment standards were fought tooth and nail by industry.  Now various industries fight new or tighter emission standards, but those standards are designed for one function – to prevent the emission of pollutants that harm people, and without those standards we had rivers where nothing could live, and some that even caught fire, air that caused hundreds of thousands of deaths, water supplies containing virulent carcinogenic chemicals… and so forth.

More than a few people have complained about the massive federal government spending on counter-terrorism, now estimated at $150 billion annually, just in the United States.  In 2011, the most-recent year of the Global Terrorism Index, there were 4,564 terrorist incidents that led to 7,473 deaths.  In the United States, there were actually more terrorist attacks in the 1970s than in any decade since – although the 9/11 attack was the deadliest in U.S. history – but since 9/11 the overall numbers of successful terrorist attacks have continued to decline, almost certainly due to increased security measures and, some would say, a certain restriction on personal freedoms.  But consider this.  Since 9/11, only 37 people have died from terrorist attacks and assaults in the United States.  While this apparatus hasn’t prevented those deaths, how many others has it prevented?  How can anyone tell? 

Vaccination is another area of prevention, although some parents still don’t understand vaccination or the need for it, but that’s an area where some quantification does exist. For example, even today, according to the World Health Organization over 100,000 people die every year from measles, yet there have only been few hundred cases annually in the United States over the past several decades, all of which occurred in unvaccinated individuals.  Before the development of the vaccine, there were often close to a million cases a year in the U.S., and as many as 7,000 deaths.  More recently, nearly a million people died world-wide annually from measles in years before 1999, when more wide-spread use of vaccines became available.  Yet in recent years, there have been parents who insist that the vaccine is more deadly than the disease, despite long-standing figures that shown mortality from measles ranges from one death in a thousand cases in healthy and well-nourished individuals to as high as 300 in a thousand (30%) for weakened or malnourished individuals.  By comparison, severe side effects from the vaccine are less than one in a million, and fatal side effects so low that they cannot be quantified.  For all that, some parents still insist that their child is safer without being vaccinated.

Another area of successful prevention is that of automobile safety. The all-time high in automobile deaths was almost 55,000 in 1972, when the population was a third lower than it is now, but by 2011, that had dropped to 32,367, the lowest total in 60 years. Since 1960, the number of vehicles on the road has tripled and population has increased by 50%, yet automobile fatalities per 100,000 people have been halved.  The cost?  Adjusted for inflation, the cost of an average new car is roughly 140% higher than that of a 1973 new car, when the first significant mandated federal safety standards were imposed.   Assuming that no such standards were implemented, a conservative estimate suggests that we would have seen roughly a half-million more deaths than actually occurred, and most likely at least as many additional injuries. The problem with trying to quantify the costs is that it’s impossible to determine how much of the reduction in fatalities comes from improved design and how much from safety features and other factors, such as seatbelt laws.  That preventive measures have had a huge impact isn’t even in doubt, but we still have thousands of deaths a year because drivers don’t wear seatbelts, either because they don’t think it can happen to them or because they’re exercising a perverse form of civil disobedience.

Similar questions arise in healthcare.  Some critics have pointed out that the largest cause of death in the United States is heart disease, followed by cancer, strokes, and hospital infections.  Yet the most effective form of prevention is a healthy life-style, particularly avoiding obesity, tobacco use, and excessive consumption of alcohol while engaging in regular exercise. For all that knowledge, over forty million people still smoke, and over 30% of the population is obese, while excessive consumption of alcohol is a problem faced by at least 15% of the population. The cost of a single day’s treatment in a hospital for someone with a suspected heart attack can easily exceed $5,000 and the course of treatment for an actual heart attack can run many times that, and we – or our insurance carriers, or both – as a nation spend an estimated $500 billion in healthcare expenditures that could be greatly reduced if more people made, or were able to make, a greater effort toward a healthier lifestyle.

Some kinds of prevention, such as requiring vaccinations, drastically reduce death rates and costs for a tiny fraction of just what burial costs would be.  Others, such as automobile safety features, are still obviously cost-effective, but both are effective because the prevention is not only required, but it can be largely implemented.  Basic environmental standards are clearly cost-effective, but regulators and attorneys continue to argue about the need for tighter or additional environmental regulations and whether they improve health and the environment compared to the cost to those who must comply.  Nonetheless, some kinds of prevention can only be accomplished by government.  No individual, for practical purposes, can prevent air and water pollution or require automotive safety standards, or clean drinking water and safe sewage disposal.

In healthcare, the matter is even stickier.  Healthcare providers – or the government – cannot not only not require people to adopt a healthy lifestyle, but are greatly limited in requiring people who maintain unhealthy lifestyles to pay their full share of the additional healthcare costs required by such individuals. In fact, the current direction of U.S. healthcare is away from requiring individual responsibility, even as a host of government regulations require it in other areas.

Prevention — who pays for it?  Who should?  How much? And to what degree should people be made personally responsible for their own failures to prevent the preventable?

A recent Associated Press news story highlighted a fact that we all know – CEO pay has been going up again ever since a brief two year decline following the initial 2007 economic meltdown, and is now at its highest level ever.  In 2012, according to data from Equilar, an executive pay research firm, the “average” CEO made $9.7 million, up 6.5% in 2012 from 2011.  By comparison, the pay for all U.S. workers rose an average of 1.3% per year over the last three years.

Even more interesting is the fact that the two highest paid CEOs were from the entertainment and media industry, with the highest compensated CEO raking in just over $60 million [not including deferred stock compensation].  In fact, five out of the top ten were in entertainment and media.  Another interesting fact is that the area with the highest average CEO pay is health care, while the lowest is that of public utility CEOs, not that they’re exactly impoverished with an average pay packet of $7.5 million.

There are a number of conclusions one might draw from this, but the one that stands out, at least to me, is that the highest paid executives come from the field that provides the least tangible value to its consumers.  We need food, water, shelter, power, heat, and medical care.  We don’t physically need packaged entertainment.  While everyone complains about the costs of health care – and in most cases those costs are far too high – especially when one considers the pricing model of the pharmaceutical industry, where U.S. consumers foot the bill, and the rest of the world gets lower-cost prescription drugs – health care does provide a tangible benefit and has improved our lives.  I’m not sure we can say that about the U.S. entertainment industry.

But entertainment – and today’s media is in fact entertainment, including almost all so-called news – obviously fills a psychological need – and one for which people are willing to pay – and one that is extraordinarily profitable – just like the illegal drug industry.  Come to think of it, there’s a certain similarity.  Both have products that make their consumers feel good, and both have negative long-term effects… and the content of both is essentially unregulated… and both are highly profitable for those at the top.

And like it or not, how we as a culture spend our money and reward those who provide goods and services says more about us than we’d like to admit.

Last week the head of the Utah State Board of Regents proposed pay hikes for all of the college and university presidents in the state system, as much as by 24% in one case.  The reason cited was that the state has trouble keeping good university presidents.  The past two presidents of the University of Utah now make far more heading large universities elsewhere, and the president of Southern Utah University is leaving to take the head position at Eastern Kentucky University at double the salary he made in Utah.  Keeping Utah education “competitive” makes sense, so far as it goes.  The problem is that it stops with the upper administration.

Faculty salaries at state universities were frozen from 2008 to 2010, and faculty members have received raises of one percent per year for the past two years, with another one percent increase scheduled for the coming school year.  This wouldn’t be all that bad, given the current economic climate, except for the fact that the salaries of existing faculty members have been frozen for something like six of the last twenty years, and annual raises have exceeded 2% only in about three of those twenty years – and faculty salaries on average are in the lowest twenty percent nationwide.

A number of Utah universities have dealt with the salary cap by filling the positions of departing or retiring faculty, partly by hiring more adjuncts and partly by setting a much higher salaries for new faculty, so that longer term and more loyal faculty effectively get penalized… and so that good professors who don’t have to worry about spouses’  jobs or family connections have a tendency to depart for greener pastures, none of which helps improve faculty morale or higher education.  

Yet the Utah legislature, which continually touts education as a priority, spends so little per pupil on elementary and secondary education that even Idaho – the next lowest in the United States – spends nearly  20% more on each student than does Utah.   Utah’s public school spending per pupil is 43% below the national average, and the fact that it has the most crowded classrooms is just one reflection of that.  So is the amount of remedial help high school graduates need when they reach college.

The same sort of mentality applies to the legislature with regard to higher education as well. There’s a great deal of lip service, but a real reluctance to provide funding.  And when university presidents raise money from private donors for needed facilities, the legislature balks at providing the funding for operating and maintaining such facilities.  At the same time, part of the universities’ annual state funding is based on enrollment growth.  So… let’s get this in perspective.  They want more students with less funding for each student, and they require tuition increases, adding to the burden on students, while underpaying faculty, effectively forcing universities to court donors for funds to build needed facilities that the legislature doesn’t want to maintain  … but they want to reward the university presidents.

Does that sound familiar?  Of course.  It’s the current big business model.  As one critic suggested, Utah really shouldn’t be applying the “big business” model to education, not if it wants to improve education.

But then, does the legislature really want that… or just to create the impression that it cares about real educational improvement?  After all, it’s easy to pay the CEO more… and much, much harder and more costly to fix the larger problems.