March 2014 archive

The politics of hopelessness

E.J. Dionne, The Washington Post

Sunday, March 16, 7:52 PM

Obama and his party are in danger of allowing the Republicans to set the terms of the 2014 elections, just as they did four years ago. The fog of nasty and depressing advertising threatens to reduce the electorate to a hard core of older, conservative voters eager to hand the president a blistering defeat.

…

The most telling fact about the Democrats’ defeat in Florida’s special House election last week was the party’s failure to get its voters to the polls. This owed to many factors, but one of them is disaffection in Democratic ranks.

The recent NBC News/Wall Street Journal poll pegged Obama’s approval rating at 41?percent, his disapproval at 54 percent. But the most disturbing finding to him ought to have been the 20 percent disapproval he registered among Democrats. Winning back three-quarters of those discontented Democrats would, all by itself, bump up his overall approval rating by more than six points. It’s where he needs to start.

With more than two and a half years left in his term, Obama has already begun to convey a sense of resignation that his largest achievements (except, perhaps, for immigration reform) are behind him.

Thanks for nothing.

Like joanneleon, friend of the site.

Former NSA Official Thinks A Blog Containing Nothing But His Own Tweets Is ‘Defamatory’

by Tim Cushing, TechDirt

Tue, Mar 18th 2014 12:19pm

Many people have varying ideas as to what exactly composes defamatory content. Some mistake statements of opinion (“this product sucks”) for defamation. Some feel anything that doesn’t describe their products or services in glowing terms is defamatory. Some feel any sort of criticism is defamation, even if the criticism is based on known facts.

But John Schindler (whose strange foray into Wikileaks/Snowden conspiracy theories we’ve covered here previously), former NSA officer and holder of a PhD in history (just ask him!) has gone far beyond any of these misperceptions. According to him, things he actually said are defamatory if published by a third party.

I have no idea how someone as self-assuredly brilliant as John Schindler would make this error but here’s the chain of events. Schindler routinely berates anyone who questions his claims, calling them “stupid” and refusing to advance the argument past endless appeals to his own authority (the aforementioned PhD). Someone took notice of Schindler’s tactics and crafted a Tumblr blog containing nothing but screenshots of actual Schindler tweets.

Which proves that Professors with PhDs can be thin skinned pompous self important bullying assholes, QED.

Way to go joanneleon.

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Wells Fargo foreclosure manual under fire

By Danielle Douglas, Washington Post

Published: March 17

In the course of defending a New York homeowner facing foreclosure, (bankruptcy lawyer Linda) Tirelli said she found a 150-page manual instructing Wells Fargo lawyers how to process foreclosures when a key document, known as an endorsement, is missing. Lenders need endorsements to prove that they own the mortgage, before they can foreclose on a homeowner.

The manual, reviewed by The Washington Post, outlines steps for obtaining the missing document after the bank has initiated foreclosure proceedings. It also lays out what lawyers must do in the event of a lost affidavit or if there is no documentation showing the history of who owned the loan, paperwork the bank should already have.

“This is a blueprint for fraud,” said Tirelli, who attached a copy of the manual as evidence in the lawsuit filed in U.S. District Court in White Plains, N.Y. “The idea that this bank is instructing people how to produce these documents is appalling.”

Ok, tonight we start the Tournament with 2 games, Albany (18 – 14) v. Mount St. Mary (16 – 16) at 6:40 pm ET and N.C. State (21 – 13) v. Xavier (21 – 12) at 9:10 pm ET, both on TruTV.

New disclosures from Edward Snowden show the NSA is massively expanding its computer hacking worldwide. Software that automatically hacks into computers – known as malware “implants” – had previously been kept to just a few hundred targets. But the news website The Intercept reports that the NSA is spreading the software to millions of computers under an automated system codenamed “Turbine.” The Intercept has also revealed the NSA has masqueraded as a fake Facebook server to infect a target’s computer and exfiltrate files from a hard drive. We are joined by The Intercept reporter Ryan Gallagher.

How the NSA Plans to Infect ‘Millions’ of Computers with Malware

By Ryan Gallagher and Glenn Greenwald, The Intercept

Top-secret documents reveal that the National Security Agency is dramatically expanding its ability to covertly hack into computers on a mass scale by using automated systems that reduce the level of human oversight in the process.

The classified files – provided previously by NSA whistleblower Edward Snowden – contain new details about groundbreaking surveillance technology the agency has developed to infect potentially millions of computers worldwide with malware “implants.” The clandestine initiative enables the NSA to break into targeted computers and to siphon out data from foreign Internet and phone networks.

The covert infrastructure that supports the hacking efforts operates from the agency’s headquarters in Fort Meade, Maryland, and from eavesdropping bases in the United Kingdom and Japan. GCHQ, the British intelligence agency, appears to have played an integral role in helping to develop the implants tactic.

In some cases the NSA has masqueraded as a fake Facebook server, using the social media site as a launching pad to infect a target’s computer and exfiltrate files from a hard drive. In others, it has sent out spam emails laced with the malware, which can be tailored to covertly record audio from a computer’s microphone and take snapshots with its webcam. The hacking systems have also enabled the NSA to launch cyberattacks by corrupting and disrupting file downloads or denying access to websites.

Mark Zuckerberg calls Obama after NSA report

By Alex Byers, Politico

Facebook CEO Mark Zuckerberg called President Barack Obama Wednesday night to complain about U.S. government actions that are undermining trust in the Internet, after a report that described how the National Security Agency posed as a Facebook server to inject malicious software into targets’ computers.

“When our engineers work tirelessly to improve security, we imagine we’re protecting you against criminals, not our own government,” Zuckerberg wrote in a Facebook post Thursday. “The U.S. government should be the champion for the internet, not a threat. They need to be much more transparent about what they’re doing, or otherwise people will believe the worst.” [..]

Zuckerberg did not make direct reference to the report in The Intercept. But he said he expressed frustration to the president about the “damage the government is creating for all of our future.” He added, “Unfortunately, it seems like it will take a very long time for true full reform.”

The NSA has denied doing any of this which flies in the face facts revealed in it’s own secret documents. Ryan Gallagher discusses those documents

A particular short excerpt from one of the classified documents, however, has taken on new significance due to the NSA’s statement. The excerpt is worth drawing attention to here because of the clarity of the language it uses about the Facebook tactic and the light it shines on the NSA’s denial. Referencing the NSA’s Quantum malware initiative, the document, dated April 2011, explains how the NSA “pretends” to be Facebook servers to deploy its surveillance “implants” on target’s computers:

It is difficult to square the NSA secretly saying that it “pretends to be the Facebook server” while publicly claiming that it “does not use its technical capabilities to impersonate U.S. company websites.” Is the agency making a devious and unstated distinction in its denial between “websites” and “servers”? Was it deliberate that the agency used the present tense “does not” in its denial as opposed to the past tense “did not”? Has the Facebook QUANTUMHAND technique been shut down since our report? Either way, the language used in the NSA’s public statement seems highly misleading – which is why several tech writers have rightly treated it with skepticism.

The same is true of the NSA’s denial that it has not “infected millions of computers around the world with malware” as part of its hacking efforts. Our report never actually accused the NSA of having achieved that milestone. Again, we reported exactly what the NSA’s own documents say: that the NSA is working to “aggressively scale” its computer hacking missions and has built a system called TURBINE that it explicitly states will “allow the current implant network to scale to large size (millions of implants).”

“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”.

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New York Times Editorial Board: A Broken Military Justice System

On Monday, Brig. Gen. Jeffrey Sinclair avoided prosecution on sexual assault charges that could have brought him a life sentence. In an agreement with the prosecutor, General Sinclair pleaded guilty to lesser charges, including mistreating his accuser, an Army captain and his former mistress.

The deal followed a stunning ruling by a military judge last week suggesting that by holding out for more severe punishment, and by rejecting an earlier plea deal, the senior Army officer overseeing the prosecution might have been improperly influenced by political considerations in bringing the most severe charges against the general because of a desire to show new resolve in the military against sexual misconduct. The prosecution had also been badly shaken by revelations that the general’s accuser may have lied under oath.

The episode offers a textbook example of justice gone awry, providing yet another reason to overhaul the existing military justice system, which gives commanding officers with built-in conflicts of interest – rather than trained and independent military prosecutors outside the chain of command – the power to decide which sexual assault cases to try. In the Sinclair matter, the commanding officer appears to have ignored his colleagues’ reservations in an effort to look tough on sexual assaults and avoid criticism at a moment when the military is under pressure to address its sexual assault crisis.

Dean Baker: Paul Ryan isn’t the wonk of Washington – it’s time to listen to more good ideas

Sure, the new budget from the left won’t pass. But DC’s double standard anoints false kings

The Congressional Progressive Caucus (CPC) released its budget last week. As usual, it was almost completely ignored by the major media outlets. As a result, we know very little about the actual ideas in the budget, but we know a lot about the media. [..]

Which brings us to the sad reality that the CPC budget was almost completely ignored in the media. The reporters and editors and the major news outlets undoubtedly justify ignoring the budget proposal by the apparent reality that it has no prayer of being passed into law. While this is true, there have been numerous budgets and budget items from the right that have no chance of being passed into law that have gotten considerable attention from the media.

Someone who assists another 1) who has committed a felony, 2) after the person has committed the felony, 3) with knowledge that the person committed the felony, and 4) with the intent to help the person avoid arrest or punishment. An accessory after the fact may be held liable for, inter alia, obstruction of justice.

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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.

March 18 is the 77th day of the year (78th in leap years) in the Gregorian calendar. There are 288 days remaining until the end of the year.

On this day in 1766, the British Parliament repeals the Stamp Act

After four months of widespread protest in America, the British Parliament repeals the Stamp Act, a taxation measure enacted to raise revenues for a standing British army in America. However, the same day, Parliament passed the Declaratory Acts, asserting that the British government had free and total legislative power over the colonies.

The Stamp Act of 1765 (short title Duties in American Colonies Act 1765; 5 George III, c. 12) was a direct tax imposed by the British Parliament specifically on the colonies of British America. The act required that many printed materials in the colonies be produced on stamped paper produced in London and carrying an embossed revenue stamp. These printed materials were legal documents, magazines, newspapers and many other types of paper used throughout the colonies. Like previous taxes, the stamp tax had to be paid in valid British currency, not in colonial paper money. The purpose of the tax was to help pay for troops stationed in North America after the British victory in the Seven Years’ War. The British government felt that the colonies were the primary beneficiaries of this military presence, and should pay at least a portion of the expense.

The Stamp Act met great resistance in the colonies. The colonies sent no representatives to Parliament, and therefore had no influence over what taxes were raised, how they were levied, or how they would be spent. Many colonists considered it a violation of their rights as Englishmen to be taxed without their consent, consent that only the colonial legislatures could grant. Colonial assemblies sent petitions and protests. The Stamp Act Congress held in New York City, reflecting the first significant joint colonial response to any British measure, also petitioned Parliament and the King. Local protest groups, led by colonial merchants and landowners, established connections through correspondence that created a loose coalition that extended from New England to Georgia. Protests and demonstrations initiated by the Sons of Liberty often turned violent and destructive as the masses became involved. Very soon all stamp tax distributors were intimidated into resigning their commissions, and the tax was never effectively collected.

Opposition to the Stamp Act was not limited to the colonies. British merchants and manufacturers, whose exports to the colonies were threatened by colonial economic problems exacerbated by the tax, also pressured Parliament. The Act was repealed on March 18, 1766 as a matter of expedience, but Parliament affirmed its power to legislate for the colonies “in all cases whatsoever” by also passing the Declaratory Act. This incident increased the colonists’ concerns about the intent of the British Parliament that helped the growing movement that became the American Revolution.