January 2012 archive

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

January 20 is the 20th day of the year in the Gregorian calendar. There are 345 days remaining until the end of the year (346 in leap years).

On this day in 1801, John Marshall is appointed the fourth Chief Justice of the United States. Marshall (September 24, 1755 – July 6, 1835) was an American jurist and statesman whose court opinions helped lay the basis for American constitutional law while enhancing the role of the Supreme Court as a center of power. Marshall was the fourth Chief Justice of the United States, serving from 1801 until his death in 1835. He had served in the United States House of Representatives from 1799 to 1800, and was Secretary of State under President John Adams from 1800 to 1801. Marshall was from the Commonwealth of Virginia and was a leader of the Federalist Party.

The longest-serving Chief Justice of the United States, Marshall dominated the Court for over three decades (a term outliving his own Federalist Party) and played a significant role in the development of the American legal system. Most notably, he reinforced the principle that federal courts are obligated to exercise judicial review, by disregarding purported laws if they violate the Constitution. Thus, Marshall cemented the position of the American judiciary as an independent and influential branch of government. Furthermore, the Marshall Court made several important decisions relating to federalism, affecting the balance of power between the federal government and the states during the early years of the republic. In particular, he repeatedly confirmed the supremacy of federal law over state law, and supported an expansive reading of the enumerated powers.

Nomination

Marshall was thrust into the office of Chief Justice in the wake of the presidential election of 1800. With the Federalists soundly defeated and about to lose both the executive and legislative branches to Thomas Jefferson and the Democratic-Republicans, President Adams and the lame duck Congress passed what came to be known as the Midnight Judges Act, which made sweeping changes to the federal judiciary, including a reduction in the number of Justices from six to five so as to deny Jefferson an appointment until two vacancies occurred. As the incumbent Chief Justice Oliver Ellsworth was in poor health, Adams first offered the seat to ex-Chief Justice John Jay, who declined on the grounds that the Court lacked “energy, weight, and dignity.” Jay’s letter arrived on January 20, 1801, and as there was precious little time left, Adams nominated Marshall, who was with him at the time and able to accept immediately. The Senate at first delayed, hoping that Adams would make a different choice, such as promoting Justice William Paterson of New Jersey. According to New Jersey Senator Jonathan Dayton, the Senate finally relented “lest another not so qualified, and more disgusting to the Bench, should be substituted, and because it appeared that this gentleman (Marshall) was not privy to his own nomination”. Marshall was confirmed by the Senate on January 27, 1801, and received his commission on January 31, 1801. While Marshall officially took office on February 4, at the request of the President he continued to serve as Secretary of State until Adams’ term expired on March 4. President John Adams offered this appraisal of Marshall’s impact: “My gift of John Marshall to the people of the United States was the proudest act of my life.”

If there could possibly be a worse choice to head the World Bank when Robert Zoellick’s term expires later this year, I am sure that President Obama would find him or her. The rumors are that the president has decided to leave his “mark” on that banking institution by nominating Larry Summers for the position. Yes, that Larry Summers of the Harvard president of misogyny fame who was chief architect of banking deregulation that led to the repeal of Glass – Stiegel during the Clinton, that begat our current financial crisis. The Larry Summers who dismissed out of hand the suggestion that a bigger stimulus package would do more to boost the economy most likely because it was a woman, Christine Roemer, who proposed it.

And one of the biggest reasons why Larry could be one of the worst choices, as Felix Salmon explains, besides the fact Larry lacks the skills, he isn’t a diplomat:

The only way to be an effective World Bank president is to be an effective diplomat. Like all CEOs, the head of the Bank reports to a board of directors – but at the World Bank, the board of directors meets twice a week. And they’re not friendly hand-picked board members, either – they’re political appointees who fight their geographical corners, who live full-time in Washington, and who work full-time out of offices within the Bank itself. If you want to get anything done at the Bank, you need to persuade the board to leave you alone and not micromanage every decision you make.

You also need to be an almost superhuman manager. The World Bank has more than 10,000 employees from over 160 countries, with offices in more than 100 countries around the world. The range of cultural expectations they bring to their jobs is truly enormous, and the amount of political jostling and mutual incomprehension which results is entirely predictable. In order to manage this rabble, you need a very high level of cultural and interpersonal sensitivity.

And then there’s leadership: “the vision thing”, as Geoge HW Bush would put it, and the ability to get your organization to line up behind how you think the Bank – and, for that matter, the World – should work. Summers is not known for his work on global poverty reduction, and his previous tenure at the World Bank is remembered mainly for the pollution memo – an “ironic” proposal to increase pollution in poor countries, which resulted in the label “perfectly logical but totally insane” being attached to Summers for many years thereafter.

If Obama wants to leave his mark on the World Bank, this will definitely do it but not the way he’d like.

On Wednesday it was reported that some greedy hedge funds are blocking the rescue of the Greek economy. The hedge funds which had bought up the distressed Greek bonds in hope of making a killing came up against the Greek agreement to reduce their debt in order to receive the next tranche of funds to stave off default:

{..} (F)ears have grown in recent weeks that the hedge funds that are blocking the deal – which have been identified as including Vega Asset Management, Och Ziff, York Capital, GreyLock Asset Management and Marathon Asset Management – do not consider the prospect of a disorderly default by Athens as a financial incentive to allow a voluntary writedown deal to proceed.

This is because these funds are believed to have purchased insurance policies on their holdings of Greek bonds, known as Credit Default Swaps (CDS). If Athens fails to pay its maturing debts in March, that would trigger large CDS payouts to these funds from the large financial firms that sold them the insurance.

There is a reason they are called hedge funds but this is more a game of “head I win, tales you lose.”

To ad insult to injury, when Greek Prime Minister Lucas Papademos told the hold out that he would ask Parliament to change the law and force them to take the interest rate cut, the greedy hedgers have come up with  plan to sue the Greek government in Human Rights Court forcing them to make good on the payment:

The novel approach would have the funds arguing in the European Court of Human Rights that Greece had violated bondholder rights, though that could be a multiyear project with no guarantee of a payoff. And it would not be likely to produce sympathy for these funds, which many blame for the lack of progress so far in the negotiations over restructuring Greece’s debts.

The tactic has emerged in conversations with lawyers and hedge funds as it became clear that Greece was considering passing legislation to force all private bondholders to take losses, while exempting the European Central Bank, which is the largest institutional holder of Greek bonds with 50 billion euros or so.

Legal experts suggest that the investors may have a case because if Greece changes the terms of its bonds so that investors receive less than they are owed, that could be viewed as a property rights violation – and in Europe, property rights are human rights.

As David Dayen at FDL News Desk points out this process could take years to litigate but he also found something significant buried in the New York Times article:

It is not just the legal cudgel that investors are threatening to use. Some hedge funds have discussed among themselves the possibility of demanding a side payment, as they describe it, as a price Europe and Greece must pay if the two want the funds to participate in the agreement.

Yes, David, I agree this is extortion..Give us the money or we blow up the world.

This afternoon in raids that extended as far as New Zealand, the FBI took down on of the most populars websites in the world, Magaupload.com charging them with internet piracy seizing $50 million in assets and arresting seven people, four in New Zealand. Who needed SOPA?

Megaupload left this comment before the website went dark:

“The fact is that the vast majority of Mega’s Internet traffic is legitimate, and we are here to stay. If the content industry would like to take advantage of our popularity, we are happy to enter into a dialogue. We have some good ideas. Please get in touch.”

Not long after Meguploads was shut down and the news hit the web, this happened

Hacktivists with the collective Anonymous are waging an attack on the website for the White House after successfully breaking the sites for the FBI, Department of Justice, Universal Music Group, RIAA and Motion Picture Association of America. [..]

“It was in retaliation for Megaupload, as was the concurrent attack on Justice.org,” Anonymous operative Barrett Brown tells RT on Thursday afternoon. [..]

Brown adds that “more is coming” and Anonymous-aligned hacktivists are pursuing a joint effort with others to “damage campaign raising abilities of remaining Democrats who support SOPA.”

Although many members of Congress have just this week changed their stance on the controversial Stop Online Piracy Act, or SOPA, the raid on Megaupload Thursday proved that the feds don’t need SOPA or its sister legislation, PIPA, in order to pose a blow to the Web.

Brown adds that operatives involved in the project will use an “experimental campaign” and search engine optimization techniques “whereby to forever saddle some of these congressmen with their record on this issue.”

Despite the loss of support for SOPA and PIPA Wednesday night, the Democrats remain the chief sponsors of the bills. MPAA CEO Chris Dodd, the former Democratic senator from Connecticut that blocked all financial reform, and his cohort, former Senate Democrat, now Independent, Sen. Joseph Lieberman have admitted that they want to copy Chinese style censorship. In an guest post article at naked capitalism, Washington’s Blog George Washington follows the money from Hollywood’s music and film industry to the Democrats in the Senate who are the “pillars of support for PIPA”:

Far and away, the top beneficiary in the Senate from interest groups that support PIPA is Sen. Barbara Boxer (D-CA), who’s taken in just short of a million dollars from those groups, according to data from OpenSecrets.org. She’s also the most recent Senator to co-sponsor PIPA, adding her name to the list on Dec. 12. The runner-up is Sen. Al Franken (D-MN), who’s taken $777,383 from PIPA-supporting interest groups, and has co-sponsored the bill since May 2011.

In fact, a list of the top 20 beneficiaries of special interest money in favor of PIPA reads like a list of the Senate’s most influential Democrats: Sen. Kristen Gillibrand (D-NY) in third; Sen. Harry Reid (D-NV) in fourth; Sen. Chuck Schumer (D-NY) in fifth; Sen. Patrick Leahy (D-VT), the bill’s primary sponsor, in sixth; Sen. Dianne Feinstein (D-CA) in seventh; Sen. Claire McCaskill (D-MO) in eighth; Sen. Sheldon Whitehouse (D-RI) in ninth; and Sen. Michael Bennet (D-CO) in tenth.

The list goes on like that until Sen. Mitch McConnell (R-KY), who places 15th with $274,600 in special interest money promoting PIPA. He has not yet announced an official position on the bill. The only other Republican on the list of the top 20 PIPA beneficiaries in the Senate is Sen. Bob Corker (R-TN), in 19th place with $212,312. Corker is one of the bill’s co-sponsors.

I have to give at least one Democrat credit although she is not in the Senate, House Minority Leader Nancy Pelosi (D-CA) opposed SOPA.

This is far from over.

Modern Stage Combat

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ek hornbeck, The Stars Hollow Gazette, and DocuDharma– your go to SuperSource for embeddable The Definitely Not Coordinating With Stephen Colbert Super PAC advertising.

<iframes> use Suicidal Sweatshop Chinese Child Labor!

Meet me at Camera 3- (they’re people!).

Our story so far-

Mitt the Ripper- Serial Killer?

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Not Abel?

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What about NO do you not understand?

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Related-

• Truthiness-
• The ONLY Question of any Political Significance in 2012

ek, don’t you think you’re a little old to be scouring the InterTubes

Yes, yes I am.

Today’s EARTH SHATTERING DEVELOPMENTS!!1!

36%!!!!!!

Mothers I’d like to Focus Group.

And Cain has a great singing voice.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Amy Goodman: The Day the Internet Roared

Wednesday, Jan. 18, marked the largest online protest in the history of the Internet. Websites from large to small “went dark” in protest of proposed legislation before the U.S. House and Senate that could profoundly change the Internet. The two bills, SOPA in the House and PIPA in the Senate, ostensibly aim to stop the piracy of copyrighted material over the Internet on websites based outside the U.S. Critics, among them the founders of Google, Wikipedia, the Internet Archive, Tumblr and Twitter, counter that the laws will stifle innovation and investment, hallmarks of the free, open Internet. The Obama administration has offered muted criticism of the legislation, but, as many of his supporters have painfully learned, what President Barack Obama questions one day he signs into law the next. [..]

When Internet users visited the sixth-most popular website on the planet during the protest blackout, the English-language section of Wikipedia.org, they found this message:

“Imagine a World Without Free Knowledge.

“For over a decade, we have spent millions of hours building the largest encyclopedia in human history. Right now, the U.S. Congress is considering legislation that could fatally damage the free and open Internet.”

In a world with fresh, Internet-fueled revolutions, it seems that U.S. politicians are getting the message.

New York Times Editorial: Online Piracy and Political Overreach

For months, it seemed as if Congress would pass an online antipiracy bill, even though its main weapons – cutting off the financing of pirate Web sites and making them harder to find – risk censoring legitimate speech and undermining the security of the Internet. But the unmovable corporations behind those bills have run into an unstoppable force: an outcry by Internet companies led by Google and Wikipedia that culminated in an extraordinary online protest on Wednesday.

Lawmakers have begun peeling away from the bills, notably Senators Marco Rubio, the Florida Republican who cosponsored the Senate version, and John Cornyn, the powerful Texas conservative. They dropped out after Wikipedia’s English language site went dark and Google put a black bar on its homepage on Wednesday. [..]

We are happy that the drive to pass antipiracy legislation has slowed enough that Congress might actually consider all its implications carefully. Lawmakers can now act wisely to create tools that can help combat the scourge of online piracy without excessive collateral damage.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

January 19 is the 19th day of the year in the Gregorian calendar. There are 346 days remaining until the end of the year (347 in leap years).

On this day in 1853, Giuseppe Verdi‘s opera Il Trovatore receives its premiere performance in Rome.

Il trovatore (The Troubadour) is an opera in four acts by Giuseppe Verdi to an Italian libretto by Salvadore Cammarano, based on the play El Trovador (1836) by Antonio Garcia Gutierrez. Cammarano died in mid-1852 before completing the libretto. This gave the composer the opportunity to propose significant revisions, which were accomplished under his direction by the young librettist, Leone Emanuele Bardare, and they are seen largely in the expansion of the role of Leonora.

The opera was first performed at the Teatro Apollo, Rome, on 19 January 1853 where it “began a victorious march throughout the operatic world”. Today it is given very frequently and is a staple of the standard operatic repertoire. It appears at number 17 on Opera America‘s list of the 20 most-performed operas in North America.

Cultural references

Enrico Caruso once said that all it takes for successful performance of Il trovatore is the four greatest singers in the world. On many different occasions, this opera and its music have been featured in various forms of popular culture and entertainment. Scenes of comic chaos play out over a performance of Il trovatore in the Marx Brothers‘s film, A Night at the Opera. Luchino Visconti used a performance of Il trovatore at La Fenice opera house for the opening sequence of his 1954 film Senso. As Manrico sings his battle cry in “Di quella pira”, the performance is interrupted by the answering cries of Italian nationalists in the audience. In Italian Film in the Light of Neorealism, Millicent Marcus proposes that Visconti used this operatic paradigm throughout Senso, with parallels between the opera’s protagonists, Manrico and Leonora, and the film’s protagonists, Ussoni and Livia.

It certainly been an eventful day. The two bills, Stop Online Piracy Act (SOPA) and Protect Intellectual Property Act (PIPA), were defeated Wednesday by an internet blackout of key web sites and the avalanche of petitions, street protests, e-mails and phone calls to congressional members.

When the powerful world of old media mobilized to win passage of an online antipiracy bill, it marshaled the reliable giants of K Street – the United States Chamber of Commerce, the Recording Industry Association of America and, of course, the motion picture lobby, with its new chairman, former Senator Christopher J. Dodd, the Connecticut Democrat and an insider’s insider.

Yet on Wednesday this formidable old guard was forced to make way for the new as Web powerhouses backed by Internet activists rallied opposition to the legislation through Internet blackouts and cascading criticism, sending an unmistakable message to lawmakers grappling with new media issues: Don’t mess with the Internet. [..]

Congress now follows Bank of America, Verizon and Netflix as the latest institution to be forced to change course by an internet led revolt.

It was especially dismaying that First Amendment stalwarts, like Senator Patrick Leahy and Representative John Conyers Jr. of Michigan, were sponsoring this bill. It took Republicans in the House, assisted by Paul Ryan (R-WI) and, initially, six Republican senators to get both bill pulled from consideration. To his credit, Sen. Ron Wyden (D-OR) was a one man road block to PIPA until the Republicans, pressured by their House compatriots, pulled their support.

So, besides Sen. Wyden, why weren’t there more Democrats opposed? Why were they even supporting a bill that would infringe on free speech and hurt job growth in the technology field? Follow the money. Hollywood, the music and movie industry, are a big supporters of anti-piracy and IP protection laws and Democrats.

Former Senator, Chris Dodd (D-CT), who forswore a lobbying career but is now CEO of Motion Picture Assn. of America, railed against technology companies such as Google, Mozilla and Wikipedia calling the blackout a “stunt”:

“It is an irresponsible response and a disservice to people who rely on them for information and who use their services,” Dodd said in a statement. “It is also an abuse of power given the freedoms these companies enjoy in the marketplace today.”

It wasn’t until Saturday that President Obama spoke out about the most controversial portions of the House bill that would require Internet service providers to block infringing websites but said nothing about PIPA, the Senate version, and fell short of saying he would veto the bill.

Up until the last few days the media, especially television and cable have been pretty silent. Chris Hayes of MSNBC’s “Up with Chris” hosted a debate with NBC Universal’s General Counsel, Richard Cotton, Alexis Ohanian, co-founder of Reddit.com, former Rep. Joe Sestak (D-PA) and former lobbyist Jack Abramoff. Since it became apparent that the traditional media was missing the boat on one of the biggest news stories of the year, they all started jumping back on the ship.

Wednesday night, Mr. Hayes was a guest on “The Rachel Maddow Show” where he and Rachel talked about the power and effectiveness of the online protest in influencing Congress who by and large didn’t understand the bills or the internet.

Will this stop these two bills? No, it won’t. As Wikipedia points out in its thank you to its visitors, “we’re not done yet”

SOPA sponsor Lamar Smith stated that the House of Representatives will push the bill forward in February. Senate sponsor Patrick Leahy still plans for a PIPA vote on January 24.

Moreover, SOPA and PIPA are symptoms of a larger issue. They are misguided solutions to a misunderstood problem. In the U.S. and abroad, legislators and big media are embracing censorship and sacrificing civil liberties in their attacks on free knowledge and an open Internet.

Although support has slipped in both the Senate and the House, there is a Senate vote on PIPA scheduled for January 24, and the House will be moving forward as well. It is important to keep the pressure up on both houses. We expect changes that appear to tone down the damaging effects of the laws, without addressing their fundamental flaws.

Keep calling your representatives! Tell them you believe in a free and open Internet!

It looks like this is just start of the war to save the internet.

Double Negative

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<iframes> are evil.  EVIL I tells ya.

SuperPAC pr0n– Jon and Stephen “not co-ordinating” in front of a lawyer.

It feels so good to be bad.

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Who’s your go daddy(.com)?  <iframes> use Suicidal Sweatshop Chinese Child labor!

Meet me at Camera 3- (they’re people!).

Oh, you want to know about The ONLY Question of any Political Significance in 2012.

Google informs me that there may be more than one herb involved, get your lips off that bong you smoke suckers.  We have got to get to the big story-

But I won’t.  Yet.  We need some exploratory committee first.

WØRD.