May 2015 archive

A federal court ion New York has ruled that the National Security Agency’s mass phone data collection under the Patriot Act is illegal.

Ruling on a program revealed by former government security contractor Edward Snowden, the 2nd U.S. Circuit Court of Appeals in Manhattan said the Patriot Act did not authorize the National Security Agency to collect Americans’ calling records in bulk.

Circuit Judge Gerard Lynch wrote for a three-judge panel that Section 215, which addresses the FBI’s ability to gather business records, could not be interpreted to have permitted the NSA to collect a “staggering” amount of phone records, contrary to claims by the Bush and Obama administrations.

The 2nd U.S. Circuit Court of Appeals in Manhattan held back from saying it was unconstitutional, nor did it order a halt to the program which expires on June 1.

The ruling has sparked concern by the Department of Justice. Newly appointed Attorney General Loretta Lynch said that the DOJ was reviewing the decision calling it “vital tool in our national security.” One more reason this woman is unfit for AG.

The Senate has decided to delay its consideration of the long term renewal of the Patriot Act.

Now, with the relevant section of the Patriot Act due to expire at the end of the month, Republican leaders in Congress are scrambling to find a shorter-term fix to keep the programme alive as it looks likely that the court ruling will prevent them from securing the necessary votes for a full extension in the remaining six days of this legislative session. [..]

One option would be a one-month extension to get Congress past the 1 June deadline in exchange for Republicans allowing an alternative vote on the USA Freedom Act – a reform bill designed to replace NSA collection of telephone metadata with a scheme involving data retention by telephone companies instead.

But newly emboldened Democrats angrily denied rumours that they had agreed to such a deal on Thursday. [..]

Many of those in favour of reform believe their best chance of forcing the Republican leader Mitch McConnell into allowing a vote on the Freedom Act is the prospect of him failing to pass anything and forcing the NSA to totally shutdown the controversial programme first revealed by Edward Snowden.

Such a scenario would be preferable to many privacy campaigners, such as the American Civil Liberties Union, which originally lodged Thursday’s court challenge.

But even a full reauthorisation of the Patriot Act would now require supreme court approval to be effective, argue campaigners.

Last week the House appeared ready to pass the U.S.A. Freedom Act which would end the collection of metadata, a mere band-aid on the problem. It would still allow the N.S.A.’s ability to analyze links between callers to hunt for terrorists, but keep the bulk records in the hands of phone companies, which could dispose of them after 18 months. The N.S.A. currently stores them for five years. With the court ruling, that may no longer be an option.

Needless to say this has the neo-con fear mongers scrambling

A spokesman for McConnell’s office insisted he continued to back the Patriot Act renewal and pointed to support for its use by judges in the Foreign Intelligence Surveillance Act (Fisa) courts that were designed to deal with such questions. “All the other courts, the Fisa courts, have ruled the other way,” he said.

“I think it’s very unfortunate,” the Arizona senator John McCain, a Republican, also told the Guardian. “I’m very concerned and it’s my understanding other courts have ruled otherwise.”

The problem with the argument about the “other Courts” is that the court they are talking about FISA has questionable constitutionality since it doesn’t fit the Article III and Fourth Amendment requirements.

And let us not forget 9/11

Lindsey Graham, the Republican senator from South Carolina and an ardent supporter of the NSA, invoked the attacks on September 11 to emphasise the importance of the surveillance programmes.

“I’ve got one goal: if you need to reform the programme, great, I just don’t want to gut it,” Graham told the Guardian. “I would continue until someone told me to stop. I believe if the programme were in operation before 9/11, we probably would have prevented 9/11.”

Graham added that he found it hard to believe lawmakers would diminish the programme, given the current national security climate, “based on a court ruling that’s not binding”.

On other thing that the ruling inadvertently did was vindicated whistleblower Edward Snowden whose leak of the NSA program prompted to public discussion and legal challenges.

The ruling was discussed by Senator Ron Wyden (D-OR) and The Intercept journalist Glenn Grenwald on MSNBC’s “Now” host Alex Wagner.

What Charlie Pierce said

(T)he program has now faced the clear light of an open court and it has been judged in its operation to be at best a baroque overreach and, at worst, un-American. This debate always has been better conducted in the open. This is the case with almost any debate, but especially those that arise under the tremulous camouflage of National Security. If I thought courage was as contagious as fear, I’d be more optimistic. And, again, I point out that all this ever was about was what kind of government we would be willing to tolerate and still maintain our identity as a constitutional self-governing Republic, and that none of this happens without the intervention of Edward Snowden, International Man Of Luggage, and Glenn Greenwald, who is simply Not One Of Us.

“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

Elizabeth Warren and Bill de Blasio: How to revive the American Dream

In this land of big dreams, there was never a dream bigger or more important than the one so deeply rooted in our values that it became known as the American Dream. Across generations, Americans shared the belief that hard work would bring opportunity and a better life. America wasn’t perfect, but we invested in our kids and put in place policies to build a strong middle class.

We don’t do that anymore, and the result is clear: The rich get richer, while everyone else falls behind. The game is rigged, and the people who rigged it want it to stay that way. They claim that if we act to improve the economic well-being of hard-working Americans – whether by increasing the minimum wage, reining in lawbreakers on Wall Street or doing practically anything else – we will threaten economic growth.

They are wrong.

That thinking is backward. A growing body of research – including work done by Nobel Prize-winning economist Joseph Stiglitz and the Roosevelt Institute – shows clearly that an increasing disparity between rich and poor, cronyism and an economic system that works only for those at the top are bad for the middle class and bad for our economy.

Christian Christensen: Citizens rise up against corrupt media

Baltimore showed that the public has had enough with news corporations twisting the truth about their lives

Standing on the streets of Baltimore to cover what his employer Fox News was calling a “riot,” Geraldo Rivera found himself at the receiving end of a passionate and articulate lecture from Kwame Rose on skewed, sensationalist and racist media coverage. As Rose attempted to engage Rivera in a conversation, the reporter kept walking away, refusing to even make eye contact. The episode was captured on video, uploaded and went viral. Rose became a sensation. Rivera would later intone that Rose’s actions represented “exactly that kind of youthful anarchy that led to the destruction and pain in that community.”

The Rivera confrontation was one of many between media professionals and citizens and activists in Baltimore. What is becoming clear is that many people are more than aware of the ways in which the news media have the power to frame and reframe events through words, images, suggestion and omission. What is also clear is that these people are no longer willing to put up with it.

I think I should make it clear up front that I’m not a big fan of self driving anything and part of it is because I’m a programmer.  The wonder of computers is not that they screw up (Blue Screen of Death anyone?), it’s that they work at all.

In many respects I’ve had an advantage in the applications I’ve created because I’ve rolled my own from User Interface to Processing Input to Formating Reports and I intimately know each of the variables and the transformations they’ve been subjected to.

Mistakes are easy to make at each stage of the process producing unexpected results that must always be tested to make sure they conform with reality.

There are at least 3 primary points of failure (the examples I provide are just that, examples, nor is this list intended to be comprehensive).

• Unexpected Input- If I ask you for a number and you type in ‘Strawberry’ what do I do?
• Unintended Consequences- I accept unlimited input (High Frequency Trading) and I overflow the limitations of my infrastructure or reporting capabilities (Flash Crash).
• Cloning of Errors- Every copy of a program is exactly the same, so a single error is duplicated in every installation.

This is why, though modern planes are theoretically capable of landing themselves and have (under test conditions), we insist that they have not only a pilot, but a co-pilot and flight engineer.  Now this is no safeguard against a crazy pilot locking everyone else out of the system and doing something suicidal (I want to die peacefully in my sleep like my Grandfather, not screaming in terror like his passengers) but it does mitigate against computer failure with the exception that the control systems must function as expected.

You read a lot of stories about pilots attempting emergency interventions that computers decide the airframe is not capable of.  How safe is that?  The human response is to try harder and most reports blame the pilot.  The aircraft crashes just the same, usually killing everyone on board.

Now extend the limited universe of planes to the wider universe of cars and trucks.  295,900 trucks in 2009 were involved in accidents.  Now I’m sure most of those may be blamed on intoxication or exhaustion and computers never get drunk or tired but while computer assisted flight controls have been extensively tested and refined but are still flawed, vehicle controls are in their infancy.

This is not a technology that is ready for prime time however much big trucking desires to fire all their drivers and send double trailer semis careening down our highways.

Hell, even trains have engineers and they run on rails.

Are you ready to get side swiped by a driverless truck into the guard rail and who will you blame?

Nevada clears self-driving 18-wheeler for testing on public roads

by Sam Thielman, The Guardian

Wednesday 6 May 2015 14.24 EDT

Drone trucks could soon be plying US highways after Nevada authorities on Wednesday granted a license to test self-driving trucks on public roads.

While companies such as Google and luxury brands like Lexus have dominated the headlines with advances in driverless cars, Daimler board member Wolfgang Bernhard told reporters autonomous trucks were likely to hit the roads first.

Daimler’s 18-wheel Inspiration has now been certified for use on public roads in the state, and yesterday the non-human (well, less-human) big rig rolled out across the Hoover Dam, negotiating some (but not all) turns and twists all by itself. For the tougher curves, it had some help from a driver inside the cab.

…

The licensing process was a lengthy one, said a Nevada department of motor vehicles spokesman, David Sierro. “I’m just getting out of the truck now,” he told the Guardian. “You’re talking about a series of different technologies; crash avoidance, blindsight, camera technology,” he said. “Rather than being a single autonomous [device] it’s a series of technologies they’re developing. They’re building it in an incremental way.”

Sierro said Daimler tested the truck on areas like the Las Vegas Motor Speedway, where the trucks could read pavement markings without endangering other drivers or pedestrians. “It’s fascinating to see how it’s reading the lines,” Sierro said. “When there’s something [too complex for the autopilot] coming up, there’s a warning that lets the driver know he’s going to have to take over.”

Tony Illia, of the Nevada department of transportation, said the state gave Daimler the option to start out simply. “There are huge stretches of empty, government-owned land [in Nevada],” he said. “Our population is centered in the Reno area and the Las Vegas area”, so trucks going between the two mostly have to navigate long straightaways. Daimler had a request of the Nevada government, too: “The one thing [Daimler] did ask was to brighten up the lane-striping and the buttons, to make sure they were clean and bright,” Illia said. “I think that helps the cameras on the truck.”

…

Companies like Lowell, Arkansas-based JB Hunt have reported a driver shortage across the country and are looking at consolidation in order to meet demand. The company is also worried about changing emissions standards for Class 8 trucks (that’s the class of truck demoed today, which Daimler says is more efficient), so a vehicle with a driver who has to do less work, or requires no driver at all, could provide companies like Hunt with a cost savings on labor.

“Could provide companies like Hunt with a cost savings on labor.”

There you go.

Science Oriented Video

The law that entropy always increases holds, I think, the supreme position among the laws of Nature. If someone points out to you that your pet theory of the universe is in disagreement with Maxwell’s equations – then so much the worse for Maxwell’s equations. If it is found to be contradicted by observation – well, these experimentalists do bungle things sometimes. But if your theory is found to be against the second law of thermodynamics I can give you no hope; there is nothing for it but to collapse in deepest humiliation.

–Sir Arthur Stanley Eddington, The Nature of the Physical World (1927)

Science News and Blogs

• Ghostly Voices From Thomas Edison’s Dolls Can Now Be Heard, By RON COWEN, The New York Times
• Russian Spacecraft Nears a Fiery Re-Entry, By REUTERS
• Russia’s failed Progress spacecraft plunges into the Pacific Ocean, Reuters
• Under the Sea, a Missing Link in the Evolution of Complex Cells, by Carl Zimmer, The New York Times
• Grass-Roots Push in the Plains to Block the Keystone Pipeline’s Path, By MITCH SMITH, The New York Times
• How to solve Einstein’s Election Riddle: are you in that two per cent?, by Alex Bellos, The Guardian
• ‘Captain Kidd’s treasure’ found off Madagascar, by Jessica Elgot, The Guardian
• Far out, man: 13.1bn-year-old galaxy is most distant yet seen by humans, by Alan Yuhas, The Guardian
• Android ‘M’ could return privacy control to users, by Samuel Gibbs, The Guardian
• Hubble finds massive halo around the Andromeda Galaxy, by Marissa Gebhard, University of Notre Dame
• Science now helping to develop better chocolate, by Michelle Starr, CNet
• ALIEN HUNT: Water similar to life-bearing Earth lakes FOUND ON MOON of Saturn, by Alexander J. Martin, The Register
• The philosophy of privacy: why surveillance reduces us to objects, by Michael P. Lynch, The Guardian
• Sony should not be able to tell journalists what to print, by Trevor Timm, The Guardian
• Mercury’s mysterious magnetic past goes back 4 billion years, study finds, By Amina Khan, Los Angeles Times

Obligatories, News and Blogs below.

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.

Click on images to enlarge

May 8 is the 128th day of the year (129th in leap years) in the Gregorian calendar. There are 237 days remaining until the end of the year.

On this day in 1973, A 71-day standoff between federal authorities and the American Indian Movement members occupying the Pine Ridge Reservation at Wounded Knee, South Dakota, site of the infamous massacre of 300 Sioux by the U.S. 7th Cavalry in 1890, ends with the surrender of the militants.

AIM was founded in 1968 by Russell Means, Dennis Banks, and other Native-American leaders as a militant political and civil rights organization.

snip

Their actions were acclaimed by many Native Americans, but on the Pine Ridge Reservation, Oglala Sioux Tribal President Dick Wilson had banned all AIM activities. AIM considered his government corrupt and dictatorial, and planned the occupation of Wounded Knee as a means of forcing a federal investigation of his administration. By taking Wounded Knee, The AIM leaders also hoped to force an investigation of other reservations, the Bureau of Indian Affairs, and broken Indian treaties.

snip

The Wounded Knee occupation lasted for a total of 71 days, during which time two Sioux men were shot to death by federal agents. One federal agent was paralyzed after being shot. On May 8, the AIM leaders and their supporters surrendered after White House officials promised to investigate their complaints.

snip

In 1975, two FBI agents and a Native-American man were killed in a massive shoot-out between federal agents and AIM members and local residents. In a controversial trial, AIM member Leonard Peltier was found guilty of first-degree murder and sentenced to two consecutive life terms.

snip

The U.S. government took no steps to honor broken Indian treaties, but in the courts some tribes won major settlements from federal and state governments in cases involving tribal land claims.

Kings County

Jacque Reid, the Lucas Brothers, Lavell Crawford, and Ricky Valez will be appearing tonightly.

Continuity

Al Madrigal

And because I can’t resist-

New Yoik v. New Joisey

Next week’s guests-

• Monday 5/11: John Legend
• Tuesday 5/12: Tom Brokaw
• Wednesday 5/13: Reza Aslan
• Thursday 5/14: Rebel Wilson

Mumford & Sons, despite the name, only has one Mumford, Marcus.  They play a kind of electrified folk music and have a new album out, Wilder Mind.

Ernest Moniz gets a 2 part web exclusive extended interview.  That and the real news below.

We’re still waiting for the final results but certain trends are clear.  Voters are rejecting the Tories (Conservatives) and their austerity policies in droves and it’s highly unlikely that they will gain more than 35% of the popular vote.  Now the tricky bit is that voters are also rejecting Labour and their neo-Liberal austerity programme (Yes, we are slightly less evil) and they also look like they will have less than 35%.  The Liberal Democrats are going to take a pasting from their slavish, Quisling-like coalition with the Tories and will hardly be a party at all.  The Scottish National Party, despite their failure to achieve independence in last year’s referendum is probably going to win every single Scots seat (there are about 49) because of their populist economic platform (far to the left of Labor).  The neo-Facist, anti-immigrant UK Independence Party will take some seats where people don’t think the Tories are conservative enough.

Because of the physical layout of the Constituencies (which is what those silly British call Districts), and you could call it gerrymandering except that most of the divisions are hundreds and hundreds of years old, it is a distinct possibility that Labour could win the popular vote and end up with less seats in Parliament.

How this differs from Florida in 2000 is that there are minor parties and no Electoral College.  What happens when the main parties don’t have a flat majority is that they do deals with the minor parties until they have a coalition with a majority and then they go to the Queen and say ta-da, we have a government.

Except it’s not even that simple.

You see, the Queen has some discretion in who she chooses to form a government.  She selects a (putative) Prime Minister and his party writes what is called The Queen’s Speech which lays out the broad agenda for the next 5 years (presuming there’s not a crisis in confidence and a new election).  Parliament then votes to approve, or disapprove The Queen’s speech.  Disapproval usually results in shameful (in the sense that the leadership of the party feels shame for putting forth a proposal that does not have majority support) resignation(s) and a change in government as the leader of the largest party in opposition is invited to form a government.

The inside skivvy is that if the election is as close as it appears to be David Cameron, the leader of the Tories, will proclaim victory and squat in Downing Street until he’s escorted out by the Bobbies.  He will draft a Queen’s Speech and submit it.

It is already being bandied about that instead of reading the speech herself the Queen will simply submit a written copy to be read by someone else as was customary until modern times.  Not exactly a vote of confidence.

So regardless of today’s results there will be two or three weeks of fierce political maneuvering in Britain.

Save some popcorn for me.

“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

New York Times Editorial Board: Transgender Today

A generation ago, transgender Americans were widely regarded as deviants, unfit for dignified workplaces, a disgrace for families. Those who confided in relatives were, by and large, pitied and shunned. For most, transitioning on the job was tantamount to career suicide. Medical procedures to align a person’s body with that person’s gender identity – an internal sense of being male, female or something else – were a fringe specialty, available only to a few who paid out of pocket.

Coming out meant going through life as a pariah.

Being transgender today remains unreasonably and unnecessarily hard. But it is far from hopeless. More Americans who have wrestled with gender identity are transitioning openly, propelling a civil rights movement that has struggled even as gays and lesbians have reached irreversible momentum in their fight for equality. Those coming out now are doing so with trepidation, realizing that while pockets of tolerance are expanding, discriminatory policies and hostile, uninformed attitudes remain widespread.

They deserve to come out in a nation where stories of compassion and support vastly outnumber those that end with a suicide note. The tide is shifting, but far too slowly, while lives, careers and dreams hang in the balance.

David Cay Johnston: A small victory in the war over pensions

Religious exemptions to pension guarantees have led to theft, but workers at one New Jersey hospital fought back

Former employees of a defunct New Jersey hospital gathered at a modest banquet hall last week to celebrate their victory over one of the most pernicious forms of wage theft in America. Applause and cheers for the nurses and lawyers who saved the workers’ pensions filled the evening, as did dire warnings for millions of other workers.

The rare victory of Hospital Center at Orange workers in saving their pensions matters because hundreds of thousands of employees at hospitals, nursing homes, colleges and even a religious publishing house have been quietly cheated out of their retirement benefits. Many of those cheated are not even aware yet that wages they deferred until old age will never be paid, barring government action.

This is a multi-billion dollar crime that Congress can remedy. So far, though, Congress has not even held hearings. The lack of interest on Capitol Hill is surprising since these massive thefts were enabled by a favorite whipping boy – the Internal Revenue Service.

Welcome to The Breakfast Club! We’re a disorganized group of rebel lefties who hang out and chat if and when we’re not too hungover  we’ve been bailed out we’re not too exhausted from last night’s (CENSORED) the caffeine kicks in. Join us every weekday morning at 9am (ET) and weekend morning at 10:30am (ET) to talk about current news and our boring lives and to make fun of LaEscapee! If we are ever running late, it’s PhilJD’s fault.

This Day in History

The Lusitania sunk in World War I; Nazi Germany signs surrender in World War II; Vietnam’s Battle of Dien Bien Phu; Composer Peter Illych Tchaikovsky born; Glenn Miller records ‘Chattanooga Choo-Choo.’

Breakfast Tunes

Something to Think about over Coffee Prozac

We are all travelers in the wilderness of this world, and the best we can find in our travels is an honest friend.

Robert Louis Stevenson

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.

Click on images to enlarge

May 7 is the 127th day of the year (128th in leap years) in the Gregorian calendar. There are 238 days remaining until the end of the year.

On this day in 1824, the world premiere of Ludwig van Beethoven’s Ninth Symphony in Vienna, Austria. The performance is conducted by Michael Umlauf under the deaf composer’s supervision. It was Beethoven’s first appearance on stage in 12 years. Over the years the symphony has been performed for both political and non-political from the eve of Hitler’s birthday, to the celebration of the fall of the Berlin Wall in 1989, to the 1998 Winter Olympics in Nagano, Japan. The Ode to Joy was used as the anthem by Kosovo when it declared it’s independence in 2008.

You stop being racist and I’ll stop talking about it.

Unburied

Tonightly- Can Carly Fiorina beat Hillary?  I dunno.  Does Amy Schumer look like Marylin Monroe?  Remember- Marylin was a size 8 and Amy is size 6.  Or is the United States ready for a failed CEO with no government experience and who has never won an election.  Perhaps they all merge into a blonde blur as you masturbate while drinking yourself to sleep with your glasses off.

Susie Essman, Nicolle Wallace, and Holly Walker will be the panel.

Continuity

Your Clown Car

This week’s guests-

• Wednesday 5/6: Ernest Moniz
• Thursday 5/7: Mumford & Sons

Ernest Moniz is the U.S. Secretary of Energy and a Nuclear Physicist.  There are many interesting things he could talk about such as the Universe being a two dimensional field of Space/Time mediated to appear by our perception 3 dimensional.  In short, a hologram.  I prefer 26 dimensional bosonic string theory on the basis that more is better.

What I can almost guarantee he will not be talking about is the recent leaks from the contaminated water tanks at Fukushima.

Interesting factoid- He was the designated survivor during Obama’s 2014 SOTU.

The real news below.