August 2013 archive

Statemen of U.S. Senators Ron Wyden (D-Or.) and Mark Udall (D-Co.)

On Reports of Compliance Violations Made Under NSA Collection Programs

Friday, August 16, 2013

The executive branch has now confirmed that the ‘rules, regulations and court-imposed standards for protecting the privacy of Americans’ have been violated thousands of times each year.  We have previously said that the violations of these laws and rules were more serious than had been acknowledged, and we believe Americans should know that this confirmation is just the tip of a larger iceberg.  

While Senate rules prohibit us from confirming or denying some of the details in today’s press reports, the American people have a right to know more details about of these violations. We hope that the executive branch will take steps to publicly provide more information as part of the honest, public debate of surveillance authorities that the Administration has said it is interested in having.

In particular, we believe the public deserves to know more about the violations of the secret court orders that have authorized the bulk collection of Americans’ phone and email records under the USA PATRIOT Act.  The public should also be told more about why the Foreign Intelligence Surveillance Court has said that the executive branch’s implementation of section 702 of the Foreign Intelligence Surveillance Act has circumvented the spirit of the law, particularly since the executive branch has declined to address this concern.  

We appreciate the candor of the Chief Judge of the Foreign Intelligence Surveillance Court regarding the Court’s inability to independently verify statements made by the executive branch.  We believe that the Court is not currently structured in a way that makes it an effective check on the power of the executive branch.  This highlights the need for a robust and well-staffed public advocate who could participate in significant cases before the Court and evaluate and counter government assertions.  Without such an advocate on the court, and without greater transparency regarding the Court’s rulings, the checks and balances on executive branch authority enshrined in the Constitution cannot be adequately upheld.

A Mine Of Salt

Transcript

NSA broke privacy rules thousands of times per year, audit finds

By Barton Gellman, Washington Post

Published: August 15

The documents, provided earlier this summer to The Washington Post by former NSA contractor Edward Snowden, include a level of detail and analysis that is not routinely shared with Congress or the special court that oversees surveillance. In one of the documents, agency personnel are instructed to remove details and substitute more generic language in reports to the Justice Department and the Office of the Director of National Intelligence.

In one instance, the NSA decided that it need not report the unintended surveillance of Americans. A notable example in 2008 was the interception of a “large number” of calls placed from Washington when a programming error confused the U.S. area code 202 for 20, the international dialing code for Egypt, according to a “quality assurance” review that was not distributed to the NSA’s oversight staff.

In another case, the Foreign Intelligence Surveillance Court, which has authority over some NSA operations, did not learn about a new collection method until it had been in operation for many months. The court ruled it unconstitutional.



The May 2012 audit, intended for the agency’s top leaders, counts only incidents at the NSA’s Fort Meade headquarters and other ­facilities in the Washington area. Three government officials, speak­ing on the condition of anonymity to discuss classified matters, said the number would be substantially higher if it included other NSA operating units and regional collection centers.



In October 2011, months after the program got underway, the Foreign Intelligence Surveillance Court ruled that the collection effort was unconstitutional. The court said that the methods used were “deficient on statutory and constitutional grounds,” according to a top-secret summary of the opinion, and it ordered the NSA to comply with standard privacy protections or stop the program.

James R. Clapper Jr., the director of national intelligence, has acknowledged that the court found the NSA in breach of the Fourth Amendment, which prohibits unreasonable searches and seizures, but the Obama administration has fought a Freedom of Information lawsuit that seeks the opinion.

Generally, the NSA reveals nothing in public about its errors and infractions. The unclassified versions of the administration’s semiannual reports to Congress feature blacked-out pages under the headline “Statistical Data Relating to Compliance Incidents.”



Under NSA auditing guidelines, the incident count does not usually disclose the number of Americans affected.

Court: Ability to police U.S. spying program limited

By Carol D. Leonnig, Washington Post

Published: August 15

The chief judge of the Foreign Intelligence Surveillance Court said the court lacks the tools to independently verify how often the government’s surveillance breaks the court’s rules that aim to protect Americans’ privacy. Without taking drastic steps, it also cannot check the veracity of the government’s assertions that the violations its staff members report are unintentional mistakes.

“The FISC is forced to rely upon the accuracy of the information that is provided to the Court,” its chief, U.S. District Judge Reggie B. Walton, said in a written statement to The Washington Post. “The FISC does not have the capacity to investigate issues of noncompliance, and in that respect the FISC is in the same position as any other court when it comes to enforcing [government] compliance with its orders.”



The court’s description of its practical limitations contrasts with repeated assurances from the Obama administration and intelligence agency leaders that the court provides central checks and balances on the government’s broad spying efforts. They have said that Americans should feel comfortable that the secret intelligence court provides robust oversight of government surveillance and protects their privacy from rogue intrusions.

President Obama and other government leaders have emphasized the court’s oversight role in the wake of revelations this year that the government is vacuuming up “metadata” on Americans’ telephone and Internet communications.

“We also have federal judges that we’ve put in place who are not subject to political pressure,” Obama said at a news conference in June. “They’ve got lifetime tenure as federal judges, and they’re empowered to look over our shoulder at the executive branch to make sure that these programs aren’t being abused.”

Privacy advocates and others in government have voiced concerns about the ability of overseers to police secret programs of immense legal and technological complexity. Several members of the House and Senate intelligence committees told The Post last week that they face numerous obstacles and constraints in questioning spy agency officials about their work.

N.S.A. Often Broke Rules on Privacy, Audit Shows

By CHARLIE SAVAGE, The New York Times

Published: August 16, 2013

Another newly disclosed document included instructions for how N.S.A. analysts should record their rationales for eavesdropping under the FISA Amendments Act, or F.A.A., which allows wiretapping without warrants on domestic networks if the target is a noncitizen abroad. The document said analysts should keep descriptions of why the people they are targeting merit wiretapping to “one short sentence” and avoid details like their names and supporting information.

“While we do want to provide our F.A.A. overseers with the information they need, we DO NOT want to give them any extraneous information,” it said.

A brief article in an internal N.S.A. newsletter offered hints about a known but little-understood episode in which the Foreign Intelligence Surveillance Court found in 2011 that the N.S.A. had violated the Fourth Amendment. The newsletter said the court issued an 80-page ruling on Oct. 3, 2011, finding that something the N.S.A. was collecting involving “Multiple Communications Transactions” on data flowing through fiber-optic networks on domestic soil was “deficient on statutory and constitutional grounds.”

NSA under renewed fire after report finds it violated its own privacy rules

Spencer Ackerman, The Guardian

Friday 16 August 2013 11.09 EDT

The Washington Post reported, with information provided by whistleblower Edward Snowden, that internal NSA audits found thousands of instances where the powerful surveillance agency collected, stored and possibly searched through vast swaths of information it is not permitted to acquire.

The revelations contradict repeated assurances this summer from senior Obama administration and intelligence officials that the NSA’s programs to collect Americans’ phone records and foreigners’ communications in bulk contain adequate privacy protections.



On the few occasions when intelligence officials have publicly discussed the impact their broad surveillance powers have on Americans, they have affirmed that all problems are mere accidents and are often promptly corrected.

A July 26 letter by James Clapper, the director of US national intelligence, to senator Ron Wyden, a member of the Senate intelligence committee, discussing the NSA’s bulk collection of Americans phone records assured that “safeguards and controls” provide “reasonable assurance that NSA’s activities are consistent with law and policy and help detect when mistakes do occur, as they inevitably do in activities this complex.”

Those mistakes, Clapper continued, amounted to “a number of compliance problems that have been previously identified and detailed in reports to the court and briefings to Congress as a result of Department of Justice reviews and internal oversight. However, there have been no findings of any intentional or bad-faith violations.”

Numerous intelligence and administration officials have made similar statements in congressional testimony and public speeches.

Wyden, a persistent critic of the bulk phone records collection, responded on the Senate floor that “these violations are more serious than those stated by the intelligence community, and are troubling.” Wyden did not specify what he meant, citing classification restrictions, but urged senators to read NSA’s secret compliance reports in designated congressional chambers.



In an earlier speech, to the Center for American Progress, Wyden said a “culture of misinformation” exists inside the US intelligence agencies – directed not just at US adversaries, but the US legislators that are designed to oversee them and the US public in whose name they act.

“When did it become all right for government officials’ public statements and private statements to differ so fundamentally?” Wyden asked. “The answer is that it is not all right, and it is indicative of a much larger culture of misinformation that goes beyond the congressional hearing room and into the public conversation writ large.”

Clapper is perhaps the most prominent public example of that culture.

In March, the director of national intelligence testified to Wyden that the NSA does “not wittingly” collect any type of data on millions of Americans, a statement proven untrue by the Guardian’s June publication of a Fisa court order for ongoing, bulk surveillance of Americans’ phone records.

Clapper has since apologized to Wyden, saying first that it was the “least untruthful answer” he could give publicly and later that he made a good-faith error, having “forgotten” momentarily the NSA program, conducted ostensibly under the Patriot Act, that collected precisely such data.

Civil liberties organizations reacted with outrage to the latest disclosure.

“The number of ‘compliance incidents’ is jaw-dropping. The rules around government surveillance are so permissive that it is difficult to comprehend how the intelligence community could possibly have managed to violate them so often,” Jameel Jaffer, the ACLU’s deputy legal director, said in a statement.

“Obviously it’s important to know what precisely these compliance incidents involved, and some are more troubling than others. But at least some of these incidents seem to have implicated the privacy of thousands or millions of innocent people.”

‘Jaw-Dropping’ Record of Violations Reveals Perils of NSA Self-Policing

Jon Queally, Common Dreams

Published on Friday, August 16, 2013

Jameel Jaffer, deputy legal director for the ACLU, called the scale of the violations “jaw-droppping.”

“The rules around government surveillance are so permissive that it is difficult to comprehend how the intelligence community could possibly have managed to violate them so often,” said Jaffer in a statement. “Obviously it’s important to know what precisely these compliance incidents involved, and some are more troubling than others. But at least some of these incidents seem to have implicated the privacy of thousands or millions of innocent people.”

One aspect that the ACLU finds particularly worrying is the degree to which the FISA Court, designed to oversee these surveillance programs, is at the mercy of the spy agency itself when it comes to garnering information.

“That the FISA court is so reliant on the representations of intelligence officials is a real problem. In recent months, intelligence officials have made misleading and even false statements about the government’s surveillance activities,” Jaffer said. “It makes no sense at all to let the intelligence community police itself.”

Sen. Leahy calls new hearing on NSA, wants ‘straight answers’

By Jennifer Martinez, The Hill

08/16/13 11:22 AM ET

Leahy’s announcement about the additional hearing comes a day after an internal NSA audit published by The Washington Post revealed that the spy agency had repeatedly broken privacy rules or overstepped its authority.

“The American people rely on the intelligence community to provide forthright and complete information so that Congress and the courts can properly conduct oversight. I remain concerned that we are still not getting straightforward answers from the NSA,” Leahy said in a statement.

“I plan to hold another hearing on these matters in the Judiciary Committee and will continue to demand honest and forthright answers from the intelligence community.”



Leahy has been critical of the surveillance programs and introduced a bill that aims to rein in the NSA’s phone data collection program.

“Using advanced surveillance technologies in secret demands close oversight and appropriate checks and balances, and the American people deserve no less than that,” Leahy said.

Pelosi: NSA report ‘extremely disturbing’

By Brendan Sasso, The Hill

08/16/13 09:40 AM ET

House Democratic Leader Nancy Pelosi (Calif.) said on Friday that a report that the National Security Agency broke privacy rules thousands of times per year is “extremely disturbing.”

She argued that under the law, the NSA should have reported the violations to Congress and the Foreign Intelligence Surveillance Act Court.

“Congress must conduct rigorous oversight to ensure that all incidents of non-compliance are reported to the oversight committees and the FISA court in a timely and comprehensive manner, and that appropriate steps are taken to ensure violations are not repeated,” she said in the statement.

Pelosi’s comment represents some of her harshest criticism of the NSA since leaks earlier this summer publicized the scope of the agency’s surveillance.

She voted against a House measure last month that would have curbed the NSA’s phone data collection program, but has called for greater transparency and expressed concern that there are insufficient privacy protections.

The Snowden Effect, Continued

By Charles P. Pierce, Esquire

10:05AM 8/16

It’s well past time for another Church Committee — or, if you will, another Pecora Commission — dedicated to a full exposition of the surveillance state and its place in our lives and in our democracy. No half-truths. No hedging. No James Clappers, slow-dancing with perjury and obstruction of Congress. Put people under oath and compel their testimony as to what is being done in our name, especially what is being done to us in our name. If we’re going to have a “national conversation,” then let’s have a by-god national conversation, and let it be held in the place where we are supposed to have our national conversations on issues like this — in the Congress, among our elected representative, out in the open and in the light of day. Let us at least have all the information so we can decide for ourselves how to keep ourselves safe. We are not fragile children. We’re the world’s oldest democracy. We should damned well begin to raise hell and act like it.

Absent that, here’s what now should be taken as an operating procedure in any discussion of the NSA and/or the surveillance state. First, everything they say is a lie, or, at best, a quarter-truth. Second, any argument based on the fundamental premise of “Trust us,” should cause the person making the argument to be laughed out of government service forever. Third, any defense based on the alleged safeguards of either the FISA Court, or the responsible committees of the Congress is prima facie worthless, whether it comes from your favorite pundit, your favorite congresscritter, or, especially, your favorite President of the United States.

Leno Part 2

Part 1, Part 3, Part 4

Aug 9, 2013

ProPublica

Punting the Pundits

“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”.

Follow us on Twitter @StarsHollowGzt

Paul Krugman: Moment of Truthiness

We all know how democracy is supposed to work. Politicians are supposed to campaign on the issues, and an informed public is supposed to cast its votes based on those issues, with some allowance for the politicians’ perceived character and competence.

We also all know that the reality falls far short of the ideal. Voters are often misinformed, and politicians aren’t reliably truthful. Still, we like to imagine that voters generally get it right in the end, and that politicians are eventually held accountable for what they do.

But is even this modified, more realistic vision of democracy in action still relevant? Or has our political system been so degraded by misinformation and disinformation that it can no longer function?

New York Times Editorial Board: No Banker Left Behind

The Detroit bankruptcy case has been cast as a contest between bondholders and pensioners that can be resolved only by shared sacrifice.

In principle, we have no problem with that, though in practice, the pensioners’ fair share will have to take into account their extreme vulnerability: Public pensions are not federally insured and many municipal retirees do not receive Social Security.

What we do have a problem with is shared sacrifice that does not seem to apply to the big banks that abetted Detroit’s descent into bankruptcy.

John R. MacArthur: Sophistry Bestrides ‘Free-Trade’ Axis

The day before Detroit declared bankruptcy, I found The New York Times’s Thomas Friedman up to his old tricks, extolling the North American Free Trade Agreement and “free trade” in general in a column so foolish and mendacious that his editors would have been well advised to spike it.

There’s no coincidence, I’m sure, that Detroit – the symbol and former center of American industrial power – officially threw in the towel so close to publication of Friedman’s claptrap. But the timing is worth noting as President Obama is now about to give away big chunks of the remaining U.S. manufacturing base to Japan and Vietnam, among other Pacific Rim countries, through a proposed free-trade agreement called the Trans-Pacific Partnership.

Richard (RJ) Escow: The ‘Bankization’ of America

The share of our national income which goes to corporate profit is the highest it’s been since they started tracking it in 1929, while the share going to people — as salary and wages — is the lowest. And the percentage of that corporate profit which goes to Wall Street is also the highest on record.

We’re becoming a financialized economy. Never before has the manipulation of money counted for so much and the real-world economy of people and consumer goods counted for so little.

And none of it is an accident.

Robert Naiman: Amend or Repeal the Espionage Act To Protect Journalists and Whistle-blowers

Isn’t it high time to amend or repeal the Espionage Act of 1917 so that it can’t be used to charge whistle-blowers or journalists with “aiding the enemy”?

Note that this demand is completely separable from saying that there should be no consequences for whistle-blowers who leak classified information to the media or journalists who publish classified information that is leaked to them. If I say that I am against the death penalty, it does not mean that I am against consequences for people who are found guilty of committing murder. It means that I don’t think that execution by the state should be one of those consequences. If I say that I am against the use of incarceration to punish nonviolent drug offenses, it does not mean that I am against consequences for people who are found guilty of nonviolent drug offenses. It means that I don’t think that incarceration should be one of those consequences. If I say that I am against a war – or killing Iranian civilians by cutting off their access to essential medicines, in blatant violation of international humanitarian law – to prevent Iran from “acquiring a nuclear weapons capability,” [sic] it does not mean that I think that efforts by Iran to pursue a “nuclear weapons capability” should face no consequences. The question is not whether the conduct being sanctioned should face no sanction. The question is whether “the punishment fits the crime.”

Robert C. Koehler: Stopped and Frisked by an Occupying Army

Stopping crime before it happens is a great idea, but stopping young men for “walking while black” – touted by true believers as the same thing – is a game played by an occupying army.

The tactic is called stop-and-frisk. As practiced by many police departments, including New York’s, it amounts to blatant racial profiling. Stop-and-frisk makes it impossible for young men of color to lead normal lives, to walk outside without fear of preemptive police harassment. The long-term hatred and tension it engenders does far more harm to a community than all the questionable good that proponents ascribe to it. Security based on racism is a sham.

NSA: Oversight or Coverup?

NSA Spying: The Three Pillars of Government Trust Have Fallen

by Cindy Cohn and Mark Jaycox, Electronic Frontier Foundation

With each recent revelation about the NSA’s spying programs government officials have tried to reassure the American people that all three branches of government-the Executive branch, the Judiciary branch, and the Congress-knowingly approved these programs and exercised rigorous oversight over them. President Obama recited this talking point just last week, saying: “as President, I’ve taken steps to make sure they have strong oversight by all three branches of government and clear safeguards to prevent abuse and protect the rights of the American people.”  With these three pillars of oversight in place, the argument goes, how could the activities possibly be illegal or invasive of our privacy?

Today, the Washington Post confirmed that two of those oversight pillars-the Executive branch and the court overseeing the spying, the Foreign Intelligence Surveillance Court (FISA court )- don’t really exist. The third pillar came down slowly over the last few weeks, with Congressional revelations about the limitations on its oversight, including what Representative Sensennbrenner called “rope a dope” classified briefings. With this, the house of government trust has fallen, and it’s time to act.

Latest Leak: NSA Abused Rules To Spy On Americans ‘Thousands Of Times Each Year

by Mike Masnick, TechDirt

(T)he latest report from the Washington Post based on leaked documents shows that an audit of the NSA’s activities shows it broke privacy rules, mostly to spy on Americans, thousands of times per year:

   The National Security Agency has broken privacy rules or overstepped its legal authority thousands of times each year since Congress granted the agency broad new powers in 2008, according to an internal audit and other top-secret documents.

   Most of the infractions involve unauthorized surveillance of Americans or foreign intelligence targets in the United States, both of which are restricted by law and executive order. They range from significant violations of law to typographical errors that resulted in unintended interception of U.S. e-mails and telephone calls.

The audit info comes from Ed Snowden’s leaks, so it seems rather incredible that President Obama, Keith Alexander and Mike Rogers didn’t seem to realize that this audit would eventually come to light, showing that they were flat out 100% lying to the American public.

That’s Not Oversight: Head Of FISC Admits He Relies On NSA’s Statements To Make Sure They’re Obeying The Law

by Mike Masnick, TechDirt

The chief judge of FISC, Reggie Walton, who has reacted angrily in the past to the claims of FISC being a “rubber stamp”, has now admitted that the FISC really can’t check on what the NSA is doing and relies on what they tell him to make sure that they’re not breaking the law.

   “The FISC is forced to rely upon the accuracy of the information that is provided to the Court,” its chief, U.S. District Judge Reggie Walton, said in a written statement to The Washington Post. “The FISC does not have the capacity to investigate issues of noncompliance, and in that respect the FISC is in the same position as any other court when it comes to enforcing [government] compliance with its orders.”

That’s not quite true. You see, with “any other court” when it comes to “enforcing compliance” things aren’t all hidden away from everyone, so there is scrutiny to make sure that there’s compliance. Not here.

Either way, this again shows just how laughable President Obama’s claims are about the FISC’s oversight abilities:

   “We also have federal judges that we’ve put in place who are not subject to political pressure,” Obama said at a news conference in June. “They’ve got lifetime tenure as federal judges, and they’re empowered to look over our shoulder at the executive branch to make sure that these programs aren’t being abused.”

Not quite. Now we know that they rely on the NSA to tell the judges what they might see if they were looking over their shoulders… and the NSA isn’t entirely truthful to FISC about that.

The latest revelation that the House Intelligence Committee withheld surveillance information from Congress before a critical vote to renew the Patriot Act has resulted in pressure from both side of the aisle and government watch dogs on committee chair Mike Rogers (R-MI). The demand is for an explanation of why a document that prepared by the justice department and intelligence community was not shared by the panel’s leadership. From Spencer Ackerman at The Guardian:

The accusations broaden the focus of the surveillance controversy from the National Security Agency to one of the congressional committees charged with exercising oversight of it – and the panel’s closeness to the NSA it is supposed to oversee.

(Michigan Republican Justin) Amash told the Guardian on Monday that he had confirmed with the House intelligence committee that the committee did not make non-committee members aware of the classified overview from 2011 of the bulk phone records collection program first revealed by the Guardian thanks to whistleblower Edward Snowden. The document was expressly designed to be shared with legislators who did not serve on the panel; it appears that a corresponding document for the Senate in 2011 was made available to all senators.

“Nobody I’ve spoken to in my legislative class remembers seeing any such document,” Amash said.

Amash speculated that the House intelligence committee withheld the document in order to ensure the Patriot Act would win congressional reauthorization, as it ultimately did.

On Monday, a former senate staffer Jennifer Hoelzer, who was deputy chief of staff for Sen. Ron Wyden (D-OR), spoke with Amy Goodman of Democracy Now! on President Barack Obama’s proposed changes to reform the government’s surveillance policies and programs.



Full transcript can be read here

“Unfortunately Edward Snowden was the only means by which we have been able to have this debate,” Hoelzer says. “We, working for Senator Wyden, did everything to try to encourage the administration to bring these facts to light. We’re not talking about sources and methods, we’re not talking about sensitive materials, we’re talking about what they believed the law allows them to do.”

As Spencer Ackerman points out in his article, both Chairman Rogers and his ranking Democratic counterpart, Dutch Ruppersberger of Maryland, are “staunch advocates of the NSA bulk surveillance programs.”

This is the government’s definition of “oversight.”

On This Day In History August 7

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.

August 16 is the 228th day of the year (229th in leap years) in the Gregorian calendar. There are 137 days remaining until the end of the year.

On this day in 1896, Gold discovered in the Yukon.

While salmon fishing near the Klondike River in Canada’s Yukon Territory on this day in 1896, George Carmack reportedly spots nuggets of gold in a creek bed. His lucky discovery sparks the last great gold rush in the American West.

Hoping to cash in on reported gold strikes in Alaska, Carmack had traveled there from California in 1881. After running into a dead end, he headed north into the isolated Yukon Territory, just across the Canadian border. In 1896, another prospector, Robert Henderson, told Carmack of finding gold in a tributary of the Klondike River. Carmack headed to the region with two Native American companions, known as Skookum Jim and Tagish Charlie. On August 16, while camping near Rabbit Creek, Carmack reportedly spotted a nugget of gold jutting out from the creek bank. His two companions later agreed that Skookum Jim–Carmack’s brother-in-law–actually made the discovery.

Responsible Energy

You remember this-

Canada suspends railroad’s operations after disaster

AFP

8/13/13

The Montreal, Maine & Atlantic Railway train, carrying crude oil from the Bakken shale fields of North Dakota, was parked overnight at a nearby town when it slipped away, derailed and exploded in the center of Lac-Megantic.

The railway’s chairman has said the disaster appeared to have been caused by an engineer’s failure to set hand brakes on the train properly.

Forty seven dead.

Quebec targets CP Railway for Lac-Mégantic cleanup costs

The Canadian Press

Published Wednesday, Aug. 14 2013, 5:22 PM EDT

The Quebec government added the Canadian Pacific Railway to its list of legal targets Wednesday, casting a wider net to recover millions of dollars in cleanup costs from the Lac-Mégantic disaster.



CPR was included as one of the defendants because, the government said Wednesday, it was the main contractor responsible for the fateful shipment that was supposed to send the cargo from North Dakota to a New Brunswick oil refinery.

It handed off the train in Montreal to the smaller Montreal, Maine & Atlantic Railway Ltd., which then operated the tanker train that jumped the tracks in Lac-Mégantic on July 6.



In one court filing, MM&A said its insurance coverage was $25-million and estimated the cleanup cost would climb past $200-million.

By adding the CPR to its legal notice, the Quebec government locked in on a bigger target than MM&A – one with much deeper pockets.



On Wednesday, the province also added another firm to the notice: World Fuel Services Inc., which is a subsidiary of the petroleum-logistics firm World Fuel Services Corp. The parent company and another subsidiary, Western Petroleum Company, were listed in the initial demand from the government.

The Miami-based World Fuel Services had bought the crude oil that was to be shipped to the Irving refinery in St. John, N.B.



World Fuel Services, Western Petroleum Company and MM&A are among 10 defendants listed in several wrongful-death lawsuits filed last month in an Illinois court. Both World Fuel Services and MM&A have also been named in a proposed class-action suit in Quebec.

Lac-Megantic Disaster: Canadian Pacific Railroad Rejects Quebec’s Demand For Money

By The Canadian Press

Posted: 08/15/2013 1:28 pm EDT

Canadian Pacific says it holds no financial responsibility for the Lac-Megantic disaster and is rejecting a legal demand by the provincial government that it help fund the cleanup of the devastated Quebec town.

Encrypted E-Mail , FISA and Our Privacy Rights

Last week, Lavabit, the privacy-conscious email service, suspended operations by its owner Ladar Levison while he fights the US government over Constitutional rights in the 4th Circuit Court of Appeals. In his letter to his customers, Mr. Levison wrote

My Fellow Users,

I have been forced to make a difficult decision: to become complicit in crimes against the American people or walk away from nearly ten years of hard work by shutting down Lavabit. After significant soul searching, I have decided to suspend operations. I wish that I could legally share with you the events that led to my decision. I cannot. I feel you deserve to know what’s going on–the first amendment is supposed to guarantee me the freedom to speak out in situations like this. Unfortunately, Congress has passed laws that say otherwise. As things currently stand, I cannot share my experiences over the last six weeks, even though I have twice made the appropriate requests.

What’s going to happen now? We’ve already started preparing the paperwork needed to continue to fight for the Constitution in the Fourth Circuit Court of Appeals. A favorable decision would allow me resurrect Lavabit as an American company.

This experience has taught me one very important lesson: without congressional action or a strong judicial precedent, I would strongly recommend against anyone trusting their private data to a company with physical ties to the United States.

Sincerely,

Ladar Levison

Owner and Operator, Lavabit LLC

(emphasis mine)

Lavabit allows its customers send highly encrypted emails that even if intercepted by a third party could not be opened without a password. Based in the US, it is the e-mail service that was allegedly used by whistleblower Edward Snowden.

In an exclusive interview with Amy Goodman on Tuesday’s Democracy Now!, Lavabit owner Ladar Levison and his lawyer, Jesse Binnall discuss why the decision was made to shut down rather than comply with a government order



Transcript can be read here

“I think if the American public knew what our government was doing, they wouldn’t be allowed to do it anymore.

“I mean, there’s information that I can’t even share with my lawyer, let alone with the American public. So if we’re talking about secrecy, you know, it’s really been taken to the extreme.

“And I think it’s really being used by the current administration to cover up tactics that they may be ashamed of.”

~Ladar Levison~

Another encrypted service, Silent Circle has also announced it has shut down. Although it had not yet received any government requests for data, Silent Circle told Tech Crunch that it knew the government would come after them because of the high-profile nature of its users.

Punting the Pundits

“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”.

Follow us on Twitter @StarsHollowGzt

Robert Reich: The Real Price of Congress’s Gridlock

CONGRESS began its summer recess last week and won’t reconvene until after Labor Day. You’d be forgiven for not noticing a difference. With just 15 bills signed into law so far this year, the 113th Congress is on pace to be the most unproductive since at least the 1940s.

But just because the legislature has ceased to function doesn’t mean our government has. Political decision making has moved to peripheral public entities, where power is exercised less transparently and accountability to voters is less direct. What we’re losing in the process isn’t government – it’s democracy.

Eugene Robinson: What NSA Reforms?

President Obama’s message about the government’s massive electronic surveillance programs came through loud and clear: Get over it.

The president used more soothing words in his pre-vacation news conference Friday, but that was the gist. With perhaps the application of a fig leaf here and a sheen of legalistic mumbo jumbo there, the snooping will continue.

Unless, of course, we demand that it end.

The modest reforms Obama proposed do not begin to address the fundamental question of whether we want the National Security Agency to log all of our phone calls and read at least some of our emails, relying on secret judicial orders from a secret court for permission. The president indicated he is willing to discuss how all this is done-but not whether.

John Nichols: Next Fed Head Should Meet the Bernie Sanders/Elizabeth Warren Standard

No presidential appointment, no Senate confirmation, matters more than the one that will soon come for the post of chairman of the Federal Reserve.

If ever there was a time to ask for more-and better-this is it.

Yet, for the most part, official Washington is on autopilot, preparing for the replacement of outgoing Federal Reserve chairman Ben Bernanke with another predictable insider-perhaps even a choice the ultimate predictable insider: former Treasury Secretary Larry Summers.

President Obama, who says he will make his selection this fall, has defended Summers. A number of prominent Democratic senators have suggested that the president consider a more appealing prospect: Janet Yellen, the vice chair of the board of governors of the Fed.

But not everyone is satisfied with predictable prospects, or politics as usual.

Senators Bernie Sanders, I-Vermont, and Elizabeth Warren, D-Massachusetts, keep making the right demands and asking the right questions.

Robert Fisk: Endless War on Terror Far From Noble Cause

It was George W. Bush who reacted to the 9/11 attacks as a manifestation of Evil, imposing upon the United States the duty to extirpate the Foul Fiend and his offspring Terror, so as to restore Virtue by means of global war.

This was completely familiar moral territory to 21st century Americans, who had never in 150 years fought a war that was not described in the language of religion. From 1861 forward, Americans were trampling out the vintage of the Lord’s wrath, answering the call of His trumpet that would never sound retreat, calling Americans to die to make men free. A noble task, if by now become a hollow one.

Robert Sheer: Restore Honor and Pardon Edward Snowden

How do you justify criminally charging a government contractor for revealing an alarming truth that the public has every right to know? That is the contradiction raised by President Obama now that he has, in effect, acknowledged that Edward Snowden was an indispensable whistle-blower who significantly raised public awareness about a government threat to our freedom.

Unfortunately, the president didn’t have the grace and courage to concede that precise point and remains committed to imprisoning Snowden instead of thanking him for serving the public interest. But Julian Assange, no stranger to unrequited integrity, nailed it. “Today, the president of the United States validated Edward Snowden’s role as a whistleblower by announcing plans to reform America’s global surveillance program,” the WikiLeaks founder said in a statement posted Saturday, the day after Obama’s remarks.

Jim Hightower: Corporate Greed Is Making Us Sick

Low-wage workers in the restaurant industry are particularly vulnerable and, since they handle food, particularly threatening. Nearly 80 percent of America’s food service workers receive no paid sick leave, and researchers have found that about half of them go to work ill because they fear losing their jobs if they don’t. As a result, a study by the Centers for Disease Control finds that ill workers are causing up to 80 percent of America’s stomach flu outbreaks, which is one reason CDC has declared our country’s lack of paid sick leave to be a major public health threat.

You’d think the industry itself would be horrified enough by this endangerment of its customers that it would take the obvious curative step of providing the leave. But au contraire, amigos, such huge and hugely profitable chains as McDonald’s, Red Lobster and Taco Bell not only fail to provide such commonsense care for their employees, but also have lobbied furiously against city and state efforts to require paid sick days.

On This Day In History August 15

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.

August 15 is the 227th day of the year (228th in leap years) in the Gregorian calendar. There are 138 days remaining until the end of the year.

While there were many significant events that happened on August 15, the most delightful and happily remember is Woodstock. Not many of my Baby Boomer generation remember that today Emperor Hirohito announced the unconditional surrender of Japan or that East Germany began the building of the Berlin Wall or that Malcolm slain Macbeth, it was peace, love and Rock N’ Roll in the mud with a lack of sanitary facilities but lots of music from some of the best at the Woodstock Festivalduring the weekend of August 15 to 18, 1969. The site was a dairy farm in West Lake, NY near the town of Bethel in Sullivan County, some 43 miles southwest from the actual town of Woodstock in Ulster County. During that rainy weekend some 500,000 concert goers became a pivotal moment in the history of Rock and Roll.

Peace, Drugs and Rock N’Roll. Rock On.

Around the Blogosphere

 photo Winter_solstice.gifThe main purpose our blogging is to communicate our ideas, opinions, and stories both fact and fiction. The best part about the the blogs is information that we might not find in our local news, even if we read it online. Sharing that information is important, especially if it educates, sparks conversation and new ideas. We have all found places that are our favorites that we read everyday, not everyone’s are the same. The Internet is a vast place. Unlike Punting the Pundits which focuses on opinion pieces mostly from the mainstream media and the larger news web sites, “Around the Blogosphere” will focus more on the medium to smaller blogs and articles written by some of the anonymous and not so anonymous writers and links to some of the smaller pieces that don’t make it to “Pundits” by Krugman, Baker, etc.

We encourage you to share your finds with us. It is important that we all stay as well informed as we can.

Follow us on Twitter @StarsHollowGzt

This is an Open Thread.

It has been a busy week, with not enough time to cover the other important news, events and just some “stuff”.

First some the election news.

Newark Mayor Cory Booker won the Democratic nomination to fill the Senate vacancy in New Jersey that was left with the death of Sen. Frank Lautenberg. He beat Assembly Speaker Sheila Oliver, Reps. Rush Holt and Frank Pallone.  But, hey, what’s another corporate “bright shiny object” in the Senate. He will face Republican Steve Lonegan in a special election on October 16.

In the New York City mayoral primaries, the focus has been on the Democrats. Anthony Weiner’s lack of self control and awareness has him sinking in the polls giving liberal Bill De Blasio, the current Public Advocate, a chance to shine and shine he did. De Balsio has taken the lead from City Council Speaker Christine Quinn. according to Tuesday’s Quinnapiac poll:

Among likely Democratic voters, de Blasio took 30 percent of the vote, followed by City Council Speaker Christine Quinn at 24 percent, former comptroller Bill Thompson at 22 percent, former Rep. Anthony Weiner (D-N.Y.) at 10 percent, comptroller John Liu at 6 percent and former council member Sal Albanese at 1 percent. Another 7 percent was undecided.

De Blasio also held the lead in three potential runoff scenarios, beating Quinn by 54 percent to 38 percent, Thompson by 50 percent to 40 percent, and Weiner by a whopping 72 percent to 22 percent.

De Blasio’s opposition to Stop n’ Frisk and message that appeals to the middle and working classes have started to resonate.

In the race for NYC’s Comptroller, former governor Eliot Spitzer has a 19 point lead over his opponent Manhattan Borough President Scott Springer. Wall Steet is not happy. Good. They should be afraid. Eliot with subpoena power may be an awesome sight.

The three Republican candidates, John Catsimatidis, George McDonald and Joseph Lhota, met for a debate last night. Essentially their message was: “Good job, Bloomie” and promised more of the same. Not exactly a winning message, guys.

Any way, the NYC primary day is September 10, then the real fun begins.

On to the blogs.

From Firedoglake:

TBogg says his “farewell” to his blog at FDL, at last.

Over at Corrente:

Lambert‘s Obamacare Cluster F**k continues:

This from lambert will either make you sick or raise your blood pressure to stroke levels:

Then he asks this question:

From transcriber:

At naked capitalism:

From Marcy Wheeler at emptywheel:

From our friends at Voices on the Square:

Electronic Frontier Foundation:

I knew there was another reason I admired Bette Midler other than her singing:






h/t Atrios at Eschaton

The woman rocks in more ways than you’d expect.

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