The Sunshine Redistribution Act

On July 14, the House of Representatives passed the Sunshine Protection Act (“SPA”) by a vote of 308 to 117. The bill would abolish the twice-yearly clock change by imposing Daylight Saving Time (“DST”) year-round, nationwide. President Trump has promised to sign it. Thankfully, it has stalled in the Senate, where it has met opposition, including Senator Tom Cotton of Arkansas who, warning the bill would “push winter sunrises to an absurdly late hour,” has urged leadership not to bring it to the floor.

Good. Because before this bill goes any further, its proponents should be made to answer a question they have so far dodged: why should the clock be set away from the sun in the first place?

Standard time isn’t an arbitrary convention. It is calibrated, roughly, to solar noon, the moment the sun is highest in the sky. It’s the baseline, the clock’s honest report of where the sun is. DST is the deviation: a government-mandated, deliberate misstatement of solar time. The burden of proof therefore rests on those who want the deviation at all — much less to make it permanent, including in the dead of winter, when mornings are darkest.

Tellingly, the bill’s drafters and supporters, unable to meet their burden of proof, resort to a familiar repertoire of fallacies.

First, the bill’s drafters tried to define the problem away. The SPA doesn’t merely extend DST; its text declares DST to be the new “standard time.” That’s not reform. That’s remaking the ruler to sanction deliberate bias in measurement.

Second, reliance on opinion polls. Yes, majorities say they hate changing their clocks. But “should we stop the switching” is a different question from “which time convention should be permanent,” and the bill’s supporters routinely conflate the two. When pollsters force the choice, the country splits more evenly. Moreover, stated preferences for “daylight” time, it turns out, don’t survive many long, dark winter mornings.

We know, because we already ran this experiment. In 1974, responding to the energy crisis, Congress imposed nationwide permanent DST. Public support stood at 79 percent when the law took effect. Within a couple months — after a January of pitch-dark school bus stops, sleepy-eyed commutes, and reports of children struck by cars in the morning blackness — support collapsed to 42 percent. Congress repealed the scheme before the next winter. The people who assure us today that Americans will love permanent DST are asking us to believe that, somehow, it will be different this time.

Third, the name-calling. DST-skeptics are dismissed as fusspots and luddites thwarting an “extra hour” of sunshine. But there is no extra sunshine. Congress cannot legislate longer days any more than it can repeal winter. Every minute of evening light the SPA “protects” is a minute confiscated from the morning. The Sunshine Protection Act protects zero minutes of sunshine; it only moves them — and the bill’s name is designed to obscure where they came from.

Fourth and silliest, the wishful thinking. Confronted with the health and safety costs of dark winter mornings, proponents breezily reply that everyone can simply adjust — shift schedules, wake later, start school later. Set aside that no individual can “adjust” alone: your schedule is chained to your employer’s, your children’s schools, the market’s opening bell. Notice instead what the argument concedes. If everyone shifted their schedules an hour later, activity would simply re-anchor to the sun, and the cherished “extra evening hour” would evaporate. The clock numbers would change; life, in the long term, would not. At which point — one has to ask — would DST’s champions demand yet another hour? Argue about this topic long enough, and you learn that the argument was never about the clock.

Daylight is a form of wealth. Morning sunlight, in particular, is an asset for human health: it synchronizes the human circadian clock, which is why the American Academy of Sleep Medicine and allied scientific bodies endorse permanent standardtime, not permanent DST. Researchers have observed worse health outcomes, from sleep deficits to elevated disease rates, on the western edges of time zones, where clock time strays furthest from solar time. Morning light is also an asset for safety: for children at bus stops, workers on the early shift, and commuters on icy roads.

The SPA is a scheme to redistribute that wealth, from the people least able to “adjust” — schoolchildren, tradesmen, nurses, anyone whose day starts early and isn’t negotiable — to evening industries that have lobbied for DST expansions for decades. When Congress extended DST in 1986, the golf industry alone projected a windfall in the hundreds of millions, and retailers and convenience stores cheered alongside. The other windfall recipients are those who prefer evening light and are willing to trade their health for it — many without ever being aware there is a trade-off, since the bill’s marketing insists the hour is free.

It isn’t free. Nothing government redistributes ever is.

Senator Cotton, last October, put the stakes plainly: permanent DST would “make winter a dark and dismal time for millions of Americans.” After the 2022 version of this bill slipped through the Senate due to a staff miscommunication, Cotton has vowed to oppose any bill making DST permanent. He should. As should his colleagues, of both parties.

Let’s end the biannual clock change. But let’s end it in the only direction the sun, the science, and recent history endorse: permanent standard time. The clock should tell the truth about where the sun is. Congress can’t “protect” sunshine — it can only redistribute it from your morning to someone else’s evening. Until Congress can advance permanent standard time legislation, it should leave things as they are.



Related: “The Eleven-inch Foot,” about Congress’s (lack of) authority to regulate clock settings away from mean solar noon.

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At MS NOW: “The Supreme Court stood up for privacy — but only to a point”

Why the majority in Chatrie v. United States (Fourth Amendment geofence warrant case) reached the right result for the wrong reason — and why it matters

The Supreme Court held yesterday in Chatrie v. United States that the government conducted a search within the meaning of the Fourth Amendment when it acquired digital records about the cell phone location of a man accused of robbing a bank. This means that police generally need a warrant to obtain your location information from a service provider like Google. But what this means for other types of private information or media held digitally by countless service providers we rely upon daily is all but clear.



At issue was whether law enforcement can use a “geofence warrant” to demand location information from Google about customers, here including Okello Chatrie, whose phones happened to be near a crime scene. The government’s answer: Yes, because once you share your location with Google, you have no Fourth Amendment interest in it and a warrant isn’t required anyway.

The Court disagreed. Privacy advocates are celebrating. But Justice Elena Kagan’s majority opinion missed the opportunity to declare that a person’s location data belongs to him, even if it is stored on the servers at a company like Google. The majority calls the records “his” freely, even likening them to Chatrie’s own emails and photos. What it refuses to do is let that ownership decide the case. And thus, the privacy test stays what it has been since 1967: whether “society” is prepared to recognize a person’s “expectation of privacy” as reasonable.





Read more (for free) at MS NOW

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My latest at the PLF Blog: The Supreme Court’s last best chance to stop the surveillance state

When you text your doctor, share your location with a rideshare app, or use your credit card at checkout, you aren’t broadcasting your private life to the world. You’re sharing specific information, for a specific purpose, with a specific party you’ve chosen to trust—usually under terms of service that promise to keep it confidential. You know this. Your service provider knows this. The only institution in America that pretends not to know this is the federal government, armed with a legal doctrine the Supreme Court erroneously expanded almost fifty years ago.

That doctrine is the third-party doctrine. The Court now has a chance to return it to its original and proper scope in the case Chatrie v. United States, which it is currently considering after oral argument last month. It should seize that chance.

Dragnet searches and Supreme Court precedent

In 2019, the government obtained a “geofence warrant”—a demand that Google hand over location data on every user whose phone happened to be near the scene of a bank robbery.

Not a suspect. Not a person connected to the crime by evidence. Every person in the area.

Google searched its entire Sensorvault database—hundreds of millions of accounts—and produced the results. Okello Chatrie was among them.

The government relied on the third-party doctrine to justify this dragnet search. The doctrine was dramatically expanded without justification in two 1970s cases, United States v. Miller and Smith v. Maryland. Their holding was disarming in its simplicity and devastating in its consequences: if you share information with a third party, you forfeit any “reasonable expectation of privacy” in that information. It doesn’t matter that you shared it for a limited purpose or that your service provider contractually promised to protect it. In the eyes of the law, you might as well have shouted it through a megaphone, from the highest mountaintop, on worldwide livestream.

This was always a dubious proposition, but in the digital age, it’s absurd. Your phone continuously communicates with cell towers. Your search queries exist in databases. Your emails and messages pass through servers. To claim that all of this information is fair game for warrantless government access simply because a service provider processes or stores it is to say that the Fourth Amendment has nothing to offer the twenty-first century.

Read the rest at the PLF blog.

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