07/31/2014 archive

In a joint statement, the ACLU and Human Rights Watch released a 120 page report documenting how mass surveillance by the US is undermining constitutional rights to freedom of the press and legal council

The 120-page report, “With Liberty to Monitor All: How Large-Scale US Surveillance is Harming Journalism, Law, and American Democracy,” is based on extensive interviews with dozens of journalists, lawyers, and senior US government officials. It documents how national security journalists and lawyers are adopting elaborate steps or otherwise modifying their practices to keep communications, sources, and other confidential information secure in light of revelations of unprecedented US government surveillance of electronic communications and transactions. The report finds that government surveillance and secrecy are undermining press freedom, the public’s right to information, and the right to counsel, all human rights essential to a healthy democracy.

Amy Goodman and Aaron Mate sat down with Alex Sinha, Aryeh Neier fellow at Human Rights Watch and the American Civil Liberties Union, and Jeremy Scahill, staff reporter with The Intercept to discuss the threat to Americans’ liberties.

In a new report, Human Rights Watch and the American Civil Liberties Union warn that “large-scale surveillance is seriously hampering U.S.-based journalists and lawyers in their work.” The report is based on interviews with dozens of reporters and lawyers. They describe a media climate where journalists take cumbersome security steps that slows down their reporting. Sources are afraid of talking, as aggressive prosecutions scare government officials into staying silent, even about issues that are unclassified. For lawyers, the threat of surveillance is stoking fears they will be unable to protect a client’s right to privacy. Some defendants are afraid of speaking openly to their own counsel, undermining a lawyer’s ability provide the best possible defense.

Journalism under fire: America’s freedom of the press is in danger

By Heather Digby Parton, Salon

If there’s one thing that civil libertarians across the American political spectrum tend to agree upon, it’s that the Bill of Rights is a guiding document. It doesn’t say everything but it says a lot. The various political factions do sometimes differ in their emphasis and interpretation, with the right’s civil libertarians often tending to focus more closely on the 1st Amendment’s establishment clause and the 2nd Amendment while the left-leaning civil libertarians take a harder line on freedom of speech and the 4th amendment. This is of course a sweeping generalization which can be disproved in dozens of individual cases, but for the sake of argument, it can probably be stipulated that those who concern themselves with the civil liberties enshrined in the Constitution all agree on the Bill of Rights’ importance to our constitutional order.  And they tend to agree across the board, with equal fervor, on the necessity of a free press to a functioning democracy. [..]

Considering the reaction of many people in the government toward reporters involved in the NSA revelation, it’s clear they have reason to be paranoid. There are government officials awho consider them to be spies and have said they should be punished as such. Even fellow journalists have brought up the question of “aiding and abetting” as if it’s a legitimate line of inquiry.

The atmosphere of mistrust is also rampant within the government, as with the administration having cracked down on contacts between the intelligence community and issuing threats of legal action even before the Snowden revelations. The institutionalized, government-wide initiative called the Insider Threat Program could have any federal employee looking over his  shoulder and worrying that his innocent behavior might be construed as suspicious. [..]

And it’s not just national security agencies that are subject to this program. They are in effect in departments as disparate as the Department of Education and the Peace Corps.

Top Journalists and Lawyers: NSA Surveillance Threatens Press Freedom and Right to Counsel

By Dan Froomkin, The Intercept

Not even the strongest versions of NSA reform being considered in Congress come anywhere close to addressing the chilling effects on basic freedoms that the new survey describes.

“If the US fails to address these concerns promptly and effectively,” report author  G. Alex Sinha writes, “it could do serious, long-term damage to the fabric of democracy in the country.”

Even before the Snowden revelations, reporters trying to cover important defense, intelligence and counter-terrorism issues were reeling from the effects of unprecedented secrecy and attacks on whistleblowers.

But newfound awareness of the numerous ways the government can follow electronic trails –  previously considered the stuff of paranoid fantasy – has led sources to grow considerably more fearful.

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Richard (RJ) Eskow: Don’t Panic! We Can Expand Social Security and Medicare

Actuarial science is the art of prediction. And speaking of predictions, here’s one that hasn’t been wrong yet: No matter what new data emerges about Social Security and Medicare, the well-funded opponents of those two worthy programs will always insist that we’re on the brink of catastrophe – unless something is done right now to slash their benefits. [..]

We do have real problems, of course. We need to end our dependence on private insurers and rein in for-profit providers in order to get our health costs in line with other developed countries.Wealth inequality and the erosion of employer pensions will lead to a retirement crisis unless we increase our nation’s meager Social Security benefits.

We can certainly meet these challenges. All that’s required is a rational conversation about revenue-generating alternatives. But groups like the Committee and the Concord Coalition exist to foster fear, not wisdom. Here’s another prediction we’re not afraid to make: No matter what next year’s Trustees Report says, they’ll tell us it spells catastrophe.

Simon Malloy: No Labels, no respect: The bipartisan “solutions” group embodies the worst of D.C.

No Labels is raising money largely for itself, and its attempts to break gridlock are silly and self-defeating

No Labels was once the embodiment of a dream. It was the dream of a bunch of wealthy and bored coastal elites who’d determined that the biggest problem facing America was “partisanship,” and that the answer was to give up “ideology” and instead pursue a “centrist” agenda composed mainly of moderately conservative budget reforms and gimmicky demonstrations of bipartisan comity. The fact that “centrism” itself is as much an ideology as liberalism or conservatism didn’t matter – the cause was righteous, and the donations were plentiful.

The No Labels dream is coming up on its fourth birthday, and in that time the group has made exactly zero progress toward its goal of untangling gridlock in D.C. It’s actually worse now than it was in 2010, in spite of No Labels’ frequent calls for bipartisan seating for legislators at the State of the Union address.

What is has succeeded in doing, however, is becoming exactly the sort of scummy, insider-D.C. institution that pretty much everyone expected it would be. Yahoo! News’ Meredith Shiner has all the ugly details on how No Labels doesn’t really do anything except raise money for No Labels:No Labels was once the embodiment of a dream. It was the dream of a bunch of wealthy and bored coastal elites who’d determined that the biggest problem facing America was “partisanship,” and that the answer was to give up “ideology” and instead pursue a “centrist” agenda composed mainly of moderately conservative budget reforms and gimmicky demonstrations of bipartisan comity. The fact that “centrism” itself is as much an ideology as liberalism or conservatism didn’t matter – the cause was righteous, and the donations were plentiful.

The No Labels dream is coming up on its fourth birthday, and in that time the group has made exactly zero progress toward its goal of untangling gridlock in D.C. It’s actually worse now than it was in 2010, in spite of No Labels’ frequent calls for bipartisan seating for legislators at the State of the Union address.

What is has succeeded in doing, however, is becoming exactly the sort of scummy, insider-D.C. institution that pretty much everyone expected it would be. Yahoo! News’ Meredith Shiner has all the ugly details on how No Labels doesn’t really do anything except raise money for No Labels: [..]

NAS Fukushima report: Accidents will happen

by Gregg Levine, Al Jazeera

Jul 24 6:53 PM

If there is one message to take from the National Academy of Sciences report, Lessons Learned From the Fukushima Nuclear Accident for Improving the Safety of U.S. Nuclear Plants, released today, it is that accidents can happen, and it is essential for nuclear plant operators, regulators and public safety responders to all have plans for what to do when one does.

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In the case of Japan, Fukushima operator TEPCO did not account for known seismic and tsunami risks, and, even if they had, they still did not have a plan of action for the total station blackout (known as an SBO) – that X+1 scenario or beyond design basis event.

In the months (and even years) after the beginning of the Fukushima crisis, advocates for American nuclear power commonly downplayed the implications of Japan’s experience, arguing it was a freak “one-two punch.” The NAS report appears to frown on that kind of blinkered assessment. As a case study for U.S. facilities – and the NAS study is meant to inform management of the U.S. nuclear fleet – analysis of the Fukushima disaster says that the earthquake and tsunami were far from unforeseeable, that there were experts that saw it, and that even if that specific chain of events was surprising, the consequences of it should still be considered and prepared for.

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Case in point: vents.

The GE Mark I Boiling Water Reactor, the design of the damaged reactors at Fukushima Daiichi, and similar Mark IIs, were built with very small containment vessels, making them vulnerable to over-pressurization, and without vents to relieve the pressure in an emergency. This problem was actually recognized by some engineers in the 1970s; still, it took until 1989 for the U.S. Nuclear Regulatory Commission recommended adding the most basic vents to older reactors. (And, even today, one currently operating U.S. reactor – Fitzpatrick in upstate New York – still does not meet those requirements.)

The basic vents were back-fit to the Fukushima reactors prior to the 2011 earthquake.

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There is still some debate on exactly how the vents at Fukushima failed and what role they played in the hydrogen explosions that so severely damaged containment buildings at Daiichi, but there has been little argument that the design modification recommended for all U.S. boiling water reactors failed the test.

The system “demonstrated a 100 percent failure rate for Mark I over-pressurization events,” said Paul Gunter, director of the Reactor Oversight Project at Beyond Nuclear, a nuclear industry watchdog.

The need to retrofit the 23 Mark I and eight Mark II reactors still operating in the U.S. with “sever accident capable” vents and high-capacity filtration systems was a common finding in several post-Fukushima reports. Indeed, just such an upgrade was the firm recommendation of the NRC’s own Japan Lessons Learned Task Force.

But in March 2013, with the Fukushima disaster starting its third year, the Nuclear Regulatory Commission bowed to industry objections, ignored its own task force’s findings and voted 4 to 1 to reject ordering the installation of the robust vents and filtrations systems on the ancient GE reactors.

It was an example of “regulatory capture,” said Gunter, which represents the “fundamental problem” with nuclear regulation. “Industry essentially rules the regulators.”

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The incestuous nature of government and industry in Japan is much documented, and regulatory capture was oft cited as a contributing factor to the Fukushima crisis. But even in Japan, its Nuclear Regulatory Agency has been able to require a “lessons learned” upgrade that seems beyond the reach of the U.S. NRC.

Over Easy: Monday Science

By: BoxTurtle, Firedog Lake

Monday July 28, 2014 7:26 am

Another scientist moves off the reservation: We must do radiation testing of people outside Fukushima prefecture.   Government official: “I don’t want to discuss the issue.” They then proceed to “analyze” the data based on their intentionally flawed methodology, which has the effect of wildly underestimating the actual impact. Though in their defense, we really don’t know what the impact of this kind of radiation exposure is. But we will.

While officially there is little impact to people, Bad things are happening to our close relatives. Monkey blood in the area is showing abnormalities that could lead to plagues amongst them.

The ice wall ain’t gonna help much, just delay the day of reckoning. And I can make the case that the wall will actually make things worse by reducing cooling to the melts and/or turning the entire worksite into a swamp of radioactive water. Speculate on what the ground inside the wall will do when saturated.

Still, TEPCO seems determined that the laws of physics will not apply when they conflict with the press releases. They seem to think that they can order water to freeze at 5 degrees C.

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This Day in History

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

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July 31 is the 212th day of the year (213th in leap years) in the Gregorian calendar. There are 153 days remaining until the end of the year.

On this day in 1948, the Broadway musical “Brigadoon” closed after 581 performances. It originally opened on March 13, 1947 at the Ziegfeld Theater. It was directed by Robert Lewis and choreographed by Agnes de Mille. Ms. De Mille won the Tony Award for Best Choreography. The show was had several revival and the movie starring Gene Kelly and Cyd Charisse premiered in 1954.

Brigadoon is a musical with a book and lyrics by Alan Jay Lerner and music by Frederick Loewe. Songs from the musical, such as “Almost Like Being in Love” have become standards.

It tells the story of a mysterious Scottish village that appears for only one day every hundred years, though to the villagers, the passing of each century seems no longer than one night. The enchantment is viewed by them as a blessing rather than a curse, for it saved the village from destruction. According to their covenant with God, no one from Brigadoon may ever leave, or the enchantment will be broken and the site and all its inhabitants will disappear into the mist forever. Two American tourists, lost in the Scottish Highlands, stumble upon the village just as a wedding is about to be celebrated, and their arrival has serious implications for the village’s inhabitants.

Johnny Missileseed

The News is Broken

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