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Aug 09 2012
On This Day In History August 9
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
August 9 is the 221st day of the year (222nd in leap years) in the Gregorian calendar. There are 144 days remaining until the end of the year.
On this day in 1974, one day after the resignation of President Richard M. Nixon, Gerald R. Ford is sworn in as president, making him the first man to assume the presidency upon his predecessor’s resignation. He was also the first non-elected vice president and non-elected president, which made his ascendance to the presidency all the more unique.
Gerald Rudolph Ford, Jr. (born Leslie Lynch King, Jr.; July 14, 1913 – December 26, 2006) was the 38th President of the United States, serving from 1974 to 1977, and the 40th Vice President of the United States serving from 1973 to 1974. As the first person appointed to the vice-presidency under the terms of the 25th Amendment, when he became President upon Richard Nixon’s resignation on August 9, 1974, he also became the only President of the United States who was elected neither President nor Vice-President.
Before ascending to the vice-presidency, Ford served nearly 25 years as Representative from Michigan’s 5th congressional district, eight of them as the Republican Minority Leader.
As President, Ford signed the Helsinki Accords, marking a move toward detente in the Cold War. With the conquest of South Vietnam by North Vietnam nine months into his presidency, US involvement in Vietnam essentially ended. Domestically, Ford presided over what was then the worst economy since the Great Depression, with growing inflation and a recession during his tenure. One of his more controversial acts was to grant a presidential pardon to President Richard Nixon for his role in the Watergate scandal. During Ford’s incumbency, foreign policy was characterized in procedural terms by the increased role Congress began to play, and by the corresponding curb on the powers of the President. In 1976, Ford narrowly defeated Ronald Reagan for the Republican nomination, but ultimately lost the presidential election to Democrat Jimmy Carter.
Following his years as president, Ford remained active in the Republican Party. After experiencing health problems and being admitted to the hospital four times in 2006, Ford died in his home on December 26, 2006. He lived longer than any other U.S. president, dying at the age of 93 years and 165 days.
Aug 08 2012
Sleeping with the Enemy
The LIBOR scandal continues to rattle the banking industry revealing the fraud that has gone unchecked by regulators in the US and Europe. The latest scandal that is now rocking international banking involves billions of dollars that were laundered by the British bank, Standard Charter, for Iran:
Standard Chartered bank ran a rogue unit that schemed with Iran’s government to hide more than $250bn (£160bn) in illegal transactions for nearly a decade, according to a scathing report by New York regulators that may put intense pressure on the management of the UK-based bank.
According to the report filed by the New York state department of financial services (NYSDFS), when warned by a US colleague about dealings with Iran, a Standard Chartered executive caustically replied: “You f—ing Americans. Who are you to tell us, the rest of the world, that we’re not going to deal with Iranians.” [..]
The 27-page report claims that Standard Chartered bankers helped Iranian clients skirt US financial sanctions against their country for nearly a decade.
Benjamin Lawsky, superintendent of the NYSDFS, said a Standard Chartered subsidiary in New York had also sought to do business with other US-sanctioned countries, including Libya, Burma and Sudan.It is the latest blow to the reputation of the City, already criticised in Washington following the HSBC money-laundering debacle and JP Morgan’s multibillion-dollar trading losses at its London office. [..]
The New York regulator has provided emails between members of Standard Chartered staff. In one the head of the US operations warned, among others, the executive director of risk in London, that the dealings with Iran could cause “very serious or even catastrophic reputational damage” to the group.
The email, dated October 2006, warned: “There is equally importantly potential of risk of subjecting management in US and London (e.g. you and I) and elsewhere to personal reputational damages and/or serious criminal liability.” It was this memo that provoked the response about “you f—ing Americans”.
But it wasn’t the Treasury Department or the Federal Reserve that dropped the bomb with these charges, it was Benjamin Lawsky, the New York Superintendent of Financial Services. Yves Smith at naked capitalism asked yesterday, “where were the Feds?”
The lack of action by everyone ex the lowly New York banking supervisor is mighty troubling. The evidence presented in Lawsky’s filing is compelling; he clearly has not gone off half cocked. Why has he pressed forward and announced this on his own? The Treasury Department’s Office of Terrorism and Financial Intelligence has supposedly been all over terrorist finance; the consultants to that effort typically have very high level security clearances and top level access (one colleague who worked on this effort in the Paulson Treasury could get the former ECB chief Trichet on the phone). For them not to have pursued it anywhere as aggressively as a vastly less well resourced state banking regulator, particularly when Iran is now the designated Foreign Enemy #1, does not pass the smell test.
At a minimum, this lack of sufficient inquisitiveness on behalf of the Feds would the bank snookered them by being terribly forthcoming (as in it was responding only to specific inquiries, and then as narrowly as possible). But it raises the more troubling specter that Federal regulators (oh, and the US Department of Justice) wanted to keep this all quiet so as not to lead to embarrassing headlines. Although there is nothing in the filing to point to failure to act by the New York Fed, which was presumably the lead party in the 2003 sanctions against SCB (indeed, it says specifically that SCB deceived Federal regulators), the flip side is there would be only downside to Lawsky in doing anything that would make Fed or Treasury think he was trying to make then look bad.
There was a huge furor in the UK over who among the banking regulators knew what when on the Libor scandal. If our Congresscritters are at all worth their salt, they ought to be putting Geithner and the relevant folks at the New York Fed under the hot lights. We’ll see soon enough how the Fed and Treasury play this. If they don’t launch parallel actions pronto, it will be a damning sign as to where they think their, and perhaps most importantly, Geithner’s, interests lie.
At emptywheel, Mary Wheeler, wondered as well why the Superintendent of Financial Services is policing our Iran sanctions?
Normally, we’d see accusations like SFS released today from Treasury’s OFAC (Office of Terrorism and Financial Intelligence), perhaps (for charges as scandalous as these) in conjunction with the NY DA and/or a US Attorney. And yet OFAC has had these materials in hand for 2 years, and has done nothing.
In fact, we have a pretty good idea what OFAC’s action would look like, because earlier this year it sanctioned ING for actions that were similar in type, albeit larger in number (20,000 versus 60,000) and far larger in dollar amount ($1.6 billion involving Cuba versus $250 billion involving Iran). Both banks were doctoring fields in SWIFT forms to hide the source or destination of their transfers. [..]
My wildarsed guess, in this case, is that we have an understanding with our allies that they’ll allow us to require the rest of the world to comply with our sanctions so long as it doesn’t affect that country’s businesses. That is, I suspect countries like Britain are happy to comply with our sanctions so long as British banks don’t lose competitive advantages as a result. Of course, these sanctions are different that-say-our stupid Cuba sanctions in that the UK is as enthusiastic about sanctioning Iran into docility as the US is, and this scheme is all about retaining lucrative business with Iran.
But we may never learn what reason that is, because that would make things uncomfortable for the entities that claim there is rule of law for banks while they ensure that usually is not the case.
But no matter, the Feds are now upset with Lawsky who had the cajones to do what they were obviously trying to cover up. Barry Ritholtz at Economonitor points out that Lawsky has virtually declared the Treasury and Federal reserve as “too corrupt” to handle this:
“Pursuant to the statutory powers vested in him by the People of the State of New York . . . [and] extensive investigation included the review of more than 30,000 pages of documents, including internal SCB (Standard Chartered Bank) e-mails that describe willful and egregious violations of law.
For almost ten years, SCB schemed with the Government of Iran and hid from regulators roughly 60,000 secret transactions, involving at least $250 billion, and reaping SCB hundreds of millions of dollars in fees. SCB’s actions left the U.S. financial system vulnerable to terrorists, weapons dealers, drug kingpins and corrupt regimes, and deprived law enforcement investigators of crucial information used to track all manner of criminal activity.
–NYS Department of Financial Services
Benjamin Lawsky, head of the New York State Department of Financial Services, has declared that the Treasury Department and the Federal Reserve is “too corrupt” to be involved in NY’s actions against money launderers and Iran sponsors at Standard Chartered bank.
At least, that corruption is what was implied by his actions (note those are my words, not his). Lawsky refused to give Tim Geithner or Ben Bernanke or anyone else at Treasury or the Fed any advance notice of pending legal/regulatory actions. Sorry, Treasury, he seemed to be saying, but your track records preceded you. [..]
This Treasury Department, like the one that preceded it, along with Congress and the White House, have proven themselves to be utterly incapable of overseeing the banking industry. Rather than adhere to this betrayal of the public trust, Mr. Lawsky decided to do something amazing: He actually followed the law. The rest of the regulatory sector should take note.
Have a read of the paragraph at the top of this page to see how prosecution of banking felons and their crony capitalist allies is supposed to be done.
We live in the Banana Republic formerly known as the United States. Its time to turn this nation back into a Democracy . . .
Let’s hope that Mr. Lawsky doesn’t cave to pressure like NY State Attorney General Eric Scneiderman did.
Aug 08 2012
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”.
Wednesday is Ladies’ Day
Follow us on Twitter @StarsHollowGzt
Jeanne Mirer and Marjorie Cohn: The Toxic Effects of Agent Orange Persist 51 Years After the Vietnam War
From the beginning of the spraying 51 years ago, and even today, millions of Vietnamese have died from, or been completely incapacitated by, diseases which the US government recognizes are related to Agent Orange for purposes of granting compensation to Vietnam veterans in the United States. The Vietnamese, who were the intended victims of this spraying, experienced the most intense, horrible impact on human health and environmental devastation. Second and third generations of children, born to parents exposed during the war and in areas of heavy spraying hot spots, suffer unspeakable deformities that medical authorities attribute to the dioxin in Agent Orange. [..]
For the past 51 years, the Vietnamese people have been attempting to address this legacy of war by trying to get the United States and the chemical companies to accept responsibility for this ongoing nightmare. An unsuccessful legal action by Vietnamese victims of Agent Orange against the chemical companies in US federal court, begun in 2004, has nonetheless spawned a movement to hold the United States accountable for using such dangerous chemicals on civilian populations. The movement has resulted in pending legislation HR 2634 hot spots, lawsuit to compensate them, as the unintended victims, for their Agent-Orange-related illnesses. But the Vietnamese continue to suffer from these violations with almost no recognition, as do the offspring of Agent-Orange-exposed US veterans and Vietnamese-Americans.
Ruth Coniff: Tragedy in Wisconsin and Our Out-of-Control Gun Policies
The shooting rampage Sunday at the Wisconsin Sikh Temple outside Milwaukee has got to prompt serious soul-searching about our out-of-control gun policies in this country.
Although President Obama’s timely words of condolence strike the right note, once again the President did not seriously address the main problem: that the floridly psychotic, violent racists, and anyone else who attends a gun show or chooses to order thousands of rounds of ammunition online, has easy access to weapons like the two semiautomatic handguns the temple gunman apparently used.
This is not a hunting issue. It is not an issue of self defense. It is a question, as the President himself put it after the horrible massacre in a Colorado movie theater, of whether automatic weapons belong in the hands of soldiers, or of anyone who cares to use them.
The New York Superintendent of Financial Services dropped a bombshell today, filing an order (pdf) against Britain’s Standard Chartered Bank. It charges the bank with having engaged in at least $250 billion of illegal transactions with Iranian banks, including its central bank, from 2001 to 2010, and of engaging in similar schemes with Libya, Myanmar and Sudan (those investigations are in progress). It threatens SCB with the loss of its New York banking license and termination of access to dollar clearing services. The latter alone is as huge deal. You are not a real international bank unless you have dollar clearing. Sumitomo Bank looked at giving up its US banking license in 1985 when it was examining deal structures for making an investment in Goldman, and ascertained that giving up access to Fedwire would cost it over $100 million a year and considerably weaken its position in Japan. SCB is certain to be a much more active dollar player than Sumitomo was and the volume of international transactions has grown hugely since then.
SCB squealed like a stuck pig, claiming that only $14 million of transactions were out of compliance. But the bank has nowhere to go. The NY Superintendent, Benjamin Lawsky, has made his determination. The only thing open for discussion is what sort of punishment he is going to impose. [..]
The lack of action by everyone ex(cept) the lowly New York banking supervisor is mighty troubling.
Inge Fryklund: On Drugs and Democracy
The UN Office of Drug Control (UNODC) has thoroughly documented the violence, crime, and corruption linked with the worldwide heroin and opium trade. The U.S. news media report every day on the mayhem and corruption of government officials caused by the drug wars in Mexico, Colombia, and other points south of our border. In Afghanistan, the Taliban tax the opium trade and protect poppy farmers from eradication, fueling the insurgency and our 11-year war.
However, these problems are all consequences of drug prohibition, not of the drugs themselves. In legal terms, drugs are malum prohibitum (wrong because prohibited by law) rather than malum in se (inherently wrong, such as theft or murder). During the U.S. experiment with Prohibition (1920-1933), alcohol was malum prohibitum; as soon as it was legalized, it again became a normal regulated, traded, and taxed consumer product.
We need to rethink our prohibition of drugs. What problem are we trying to solve by making drugs illegal? Have we chosen the most effective and affordable solution? Are the collateral consequences worth it?
Katrina vanden Heuvel: Romney’s incredible extremes
The pro-Obama New Priorities PAC stumbled across this phenomena early in 2012 in its focus group testing. When they informed a focus group that Romney supported the budget plan by Rep. Paul Ryan (R-Wis.), and thus championed ending Medicare as we know it while also championing tax cuts for the wealthy, focus group participants simply didn’t believe it. No politician could be so clueless.
Incredulity may complement what New York Times columnist Maureen Dowd dubbed Romney’s strategy of “hiding in plain sight.” Romney refuses to release his tax returns, scrubbed the records and e-mails of his time as governor and as head of the Olympics, keeps secret details of his Bain dealings and covers up the names of his bundlers. And then, he’s able to announce extremely cruel policy positions with impunity, because the voters just can’t believe that’s what he is for.
This is what comes to mind with the publication of a study (pdf) on the effects of the Romney tax policy by the non-partisan Tax Policy Center and the Brookings Institution.
Bryce Covert: Cutbacks to Unemployment Insurance Came Long Before the Great Recession
You may have heard that we’re in the middle of an unemployment crisis. It’s little wonder that an average of 365,500 people per week made new claims for unemployment benefits over the past month. These high numbers have been straining unemployment insurance programs at the federal and state level, and many states have run out of reserves to pay for them, triggering a reduction in benefits. But this crisis wasn’t inevitable. The pull back in unemployment benefits is just another result of state-level choices to cut taxes at the expense of state spending, spending that could be cushioning the blow of the Great Recession.
States are unable to adequately finance their unemployment insurance programs just when they are most needed not because they were unexpectedly overwhelmed. As a new report from the National Employment Law Project shows, it was because they failed to finance them during the good times like they’re supposed to. Here’s the way it works: federal law requires each state to collect unemployment insurance contributions from employers and deposit them into a state trust fund held in the treasury. During good times, the trust funds accumulate reserves so that claims can be paid out during downturns. This makes the program countercyclical, helping to pump money into workers’ pockets and therefore businesses (via their spending) when times are tough.
Aug 08 2012
On This Day In History August 8
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
August 8 is the 220th day of the year (221st in leap years) in the Gregorian calendar. There are 145 days remaining until the end of the year.
On this day in 1974, Richard M. Nixon becomes the first President to resign.
In an evening televised address, President Richard M. Nixon announces his intention to become the first president in American history to resign. With impeachment proceedings underway against him for his involvement in the Watergate affair, Nixon was finally bowing to pressure from the public and Congress to leave the White House. “By taking this action,” he said in a solemn address from the Oval Office, “I hope that I will have hastened the start of the process of healing which is so desperately needed in America.”
Just before noon the next day, Nixon officially ended his term as the 37th president of the United States. Before departing with his family in a helicopter from the White House lawn, he smiled farewell and enigmatically raised his arms in a victory or peace salute. The helicopter door was then closed, and the Nixon family began their journey home to San Clemente, California. Minutes later, Vice President Gerald R. Ford was sworn in as the 38th president of the United States in the East Room of the White House. After taking the oath of office, President Ford spoke to the nation in a television address, declaring, “My fellow Americans, our long national nightmare is over.” He later pardoned Nixon for any crimes he may have committed while in office, explaining that he wanted to end the national divisions created by the Watergate scandal.
Aug 07 2012
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
New York Times Editorial: Business Fears the Fiscal Cliff
So it turns out that federal spending is important to the economy after all.
As Nelson Schwartz reported in The Times on Monday, a number of manufacturers say they are canceling plans for investing and hiring, in part, because they fear that some $100 billion in budget cuts will take effect in 2013. In all, the law currently calls for $1.2 trillion in automatic spending cuts over 10 years, starting Jan. 1, divided between nondefense programs and defense projects.
Republican lawmakers demanded the cuts last year as part of their brinkmanship over the debt ceiling, and business lobbies have generally supported slashing the deficit. But now that the cuts are imminent, corporate executives seem to have realized that the last thing the economy needs is a large budget cut across the board.
Gore Vidal: Gore Vidal Speaks Seriously Ill of the Dead
The following was first published March 20, 2008 at Truthdig
I can recall that day in the 1930s when a “news” (sic) magazine appeared in Washington, D.C.; it was called Newsweek: meant to be a counterbalance to Time Magazine’s uncontrollable malice. In due course the two became sadly alike as Vincent Astor morphed into Henry Luce: Was it something in the water? I once asked Henry Luce why he called Time a news magazine when it was simply Uncle Harry’s means of venting his rage (this was 1960 or so) at liberals, and “degenerate art” like the plays of Tennessee Williams-he had no answer. At Newsweek Vincent Astor was far too stupid to answer any such complaint. Now here we are in the Newsweek of 2008, and it’s still lousy. There have been a few decent writers in between that were less nutty than today’s Newsweek hacks. [..]
The unique mess that our republic is in can be, in part, attributed to a corrupt press whose roots are in mendacious news (sic) magazines like Time and Newsweek, aided by tabloids that manufacture fictional stories about actual people. This mingling of opinion and fiction has undone a media never devoted to truth. Hence, the ease with which the Republican smear-machine goes into action when they realize that yet again the party’s permanent unpopularity with the American people will cause them defeat unless they smear individually those who question the junk that the media has put into so many heads. Anyone who says “We gotta fight ’em over there or we’re gonna have to fight ’em over here.” This absurdity has been pronounced by every Republican seeking high office. The habit of lying is now a national style that started with “news” magazines that was further developed by pathological liars that proved to be “good” Entertainment on TV. But a diet of poison that has done none of us any good.
I speak ex cathedra now, ad urbe et orbe, with a warning that no society so marinated in falsity can long survive in a real world.
Let’s take a trip deep into the magic kingdom of “Laissez Fairyland” and prostrate ourselves before the infallible and inscrutable force known as the free market.
While this awesome deity cannot be seen, the high priests of free-market fundamentalism insist that we mere mortals must simply have faith that its mysterious workings are always in our best interest. Yeah, sure, your holiness. We saw how well that worked out for us wandering pilgrims after you true believers deregulated Wall Street, which then crashed on our streets.
Well, get ready. Free-market purists want us to have another ungodly religious encounter with their omnipotent deity. Looking at America’s trillion-dollar student debt crisis, these spiritualists had a burning-bush revelation.
The crisis can be healed by letting the magic market (aka Wall Street) lay its hands on the funding of college education. Get the government out of the student loan business, they preach, and let global speculators invest directly in students by covering their tuition. In other words, turn students into just another Wall Street commodity to be purchased by the wealthy.
George Zornick: Media Help Advance Romney’s Lies About Ohio Early Voting
This weekend, Republican presidential candidate Mitt Romney launched on attack an the Obama campaign that is unambiguously based on a lie. On his Facebook page, Romney posted a note directly accusing the re-election effort of working to undermine the voting rights of military members in Ohio: [..]
The background is that, while all Ohio voters used to enjoy in-person early voting privileges for three days, Republicans in the state legislature this year restricted that right to military members only. The Obama campaign subsequently filed a lawsuit asking that the privileges be extended to all voters: [..]
Yet many mainstream political reporters are unable or unwilling to discern that a lie has been told, and say so in their reporting. Eric Alterman recently described the pernicious so-called “even-handedness” of much of the political press, and it’s on display in no clearer fashion than in this case-there is zero room for interpretation about what the Obama campaign lawsuit seeks.
John Nichols: Shootings at Sikh Temple Test the Founding Faith of America
As Americans mourn the killings at the Sikh gurdwara in Oak Creek, Wisconsin, it is vital to remember the real history of religious freedom in America.
And to embrace it.
This is about something very different from the cheap sloganeering of those who would blur lines of separation between church and state and use the promise of freedom to worship as an excuse to discriminate against others. The vision advanced today by right-wing politicians-who cloak themselves in a Constitution they do not seem to have read very closely-often imagines America as “a Christian nation.” But that characterization is at odds with the ideal of the founders, who enacted religious freedom protections “meant to comprehend, within the mantle of [their] protection, the Jew and the Gentile, the Christian and Mahometan, the Hindoo, and infidel of every denomination.” Jefferson was fascinated by the great religions of the world. He was not just aware of them. He searched out copies of the holy texts of Islam, Judaism, Hinduism and other religions, and he consulted them when preparing core documents of the American experiment. He and the most enlightened of his comrades wanted America to protect and welcome the practitioners of those faiths.
Of course, Jefferson wanted future American presidents and political leaders to share his recognition that the “wall of separation” between church and state was designed to prevent favoritism for one doctrine or faith over another.
But he also wanted America to be a welcoming place for the followers of all faiths. And he wanted the believers in Muslims, Hindus, Jews, Christians and, yes, Sikhs to be safe from threats and violence.
Aug 07 2012
Protecting the Constitution & Freedom
Here are some of the good guys in Congress who are trying to protect our freedoms under the Fourth Amendment:
Merkley Introduces Bill to Prevent Warrantless Surveillance of Americans
Under amendments to FISA passed during the Bush administration, the intelligence agencies may conduct warrantless wiretapping, potentially collecting vast amounts of communications and data, so long as they reasonably believe the communications involve individuals who are located outside of the United States and who are not U.S. citizens. However, there are loopholes in the current statute that could permit the intelligence community to intentionally or unintentionally collect and store the communications of American citizens and others living in the U.S. and to mine data collected from Americans without a warrant. National security agencies have not even released estimates of how often Americans’ communications are swept up by the warrantless wiretapping program. [..]
“Keeping Americans safe versus protecting American’s privacy is a false choice. We have a moral and Constitutional duty to do both,” Merkley said. “We can ensure our government has the tools to spy on our enemies without giving it a license to intrude into the private lives of American citizens. This bill will establish new safeguards to respect the principles of the Fourth Amendment protections from government intrusion without a warrant while ensuring that the intelligence community has the tools it needs to combat terrorism.” [..]
“This bill will give the FISA Amendments Act the overhaul it so desperately needs, restraining the government from unconstitutionally collecting and using vast amounts of data about innocent Americans,” said Michelle Richardson, ACLU Legislative Counsel. “These amendments would allow collection against foreigners to continue while better protecting Americans and should be considered a win-win for both the intelligence community and the Constitution.”
Wyden Places Hold on FISA Amendments Act Extension
Warns that Loophole Gives Government the Ability to Circumvent Warrant Requirements to Spy on U.S. Citizens
Wyden identified two specific concerns that he believes Congress must address before agreeing to a long-term extension of FAA’s authorities.
The first pertains to the lack of information regarding the number of law-abiding American citizens who have had their communications collected and reviewed under the FISA Amendments Act authorities. Last Summer, he and Senator Mark Udall asked the Administration for an estimate of the “number of people located in the United States whose communications were reviewed by the government pursuant to the FISA Amendments Act.” The Office of the Director of National Intelligence responded that it was “not reasonably possible to identify the number of people located in the United States whose communications may have been reviewed under the authority of the FAA.” Nearly a year later, Congress has yet to receive an estimate of the number of Americans who have had their communications collected under FAA.
“The purpose of this 2008 legislation was to give the government new authorities to collect the communications of people who are believed to be foreigners outside the United States, while still preserving the privacy of people inside the United States,” Wyden explains in his hold statement. “Before Congress votes to renew these authorities it is important to understand how they are working in practice. In particular, it is important for Congress to better understand how many people inside the United States have had their communications collected or reviewed under the authorities granted by the FISA Amendments Act.”
Wyden’s second concern pertains to what he describes as the law’s inadequate protections against warrantless “back door” searches of Americans.
“I am concerned, of course, that if no one has even estimated how many Americans have had their communications collected under the FISA Amendments Act,” Wyden writes. “Then it is possible that this number could be quite large. Since all of the communications collected by the government under section 702 are collected without individual warrants, I believe that there should be clear rules prohibiting the government from searching through these communications in an effort to find the phone calls or emails of a particular American, unless the government has obtained a warrant or emergency authorization permitting surveillance of that American.“
David Kravets alerts us to a proposal (pdf) by Rep. Jerrold Nadler (D-NY) and Rep. John Conyers Jr. (D-MI) that require the government to obtain a probable-cause warrant to access data stored in the cloud:
The law that the measure would amend is the Electronic Communications Privacy Act, which has seen few updates following President Ronald Reagan’s 1986 signature on the measure.
The proposal represents yet another attempt to rewrite legislation that generally grants the government wide powers to access Americans’ cloud-stored data without a probable-case showing. [..]
Adopted when CompuServe was king, ECPA allows the government to acquire a suspect’s e-mail or other stored content from an internet service provider without showing probable cause that a crime was committed, as long as the content had been stored on a third-party server for 180 days or more. E-mail and other cloud-stored data younger than six months is protected by the warrant requirement, as is all data stored on a personal computer drive.
ECPA was adopted at a time when e-mail, for example, wasn’t stored on servers for a long time. Instead it was held there briefly on its way to the recipient’s inbox. E-mail more than six months old on a server was assumed abandoned, and that’s why the law allowed the government to get it without a warrant. At the time there wasn’t much of any e-mail for the government to target because a consumer’s hard drive – not the cloud – was their inbox.
But technology has evolved, and e-mail often remains stored on cloud servers indefinitely, in gigabytes upon gigabytes – meaning the authorities may access it without warrants if it’s older than six months.
The same rule also applies to content stored in the cloud. That includes files saved in Dropbox, communications in Facebook, and Google’s cloud-storage accounts. Such personal storage capabilities were nearly inconceivable when President Reagan signed the bill.
The proposal will probably never be even heard in the radical right wing House committee. Kravets notes that a similar proposal in the Senate by Sen. Patrick Leahy (D-VT) never even got a hearing in the Judiciary Committees that Leahy chairs.
While the Obama administration continues to carry out and expand the Bush/Cheney regime agenda and the obstructionist Republicans and Right wing Democrats unwittingly (or not) help him, there are some people who recognize that security and freedom are not mutually exclusive.
Aug 07 2012
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.
Click on images to enlarge
August 7 is the 219th day of the year (220th in leap years) in the Gregorian calendar. There are 146 days remaining until the end of the year.
The Northern Hemisphere is considered to be halfway through its summer and the Southern Hemisphere half way through its winter on this day.
On this day in 1947, Kon-Tiki, a balsa wood raft captained by Norwegian anthropologist Thor Heyerdahl, completes a 4,300-mile, 101-day journey from Peru to Raroia in the Tuamotu Archipelago, near Tahiti. Heyerdahl wanted to prove his theory that prehistoric South Americans could have colonized the Polynesian islands by drifting on ocean currents.
Heyerdahl and his five-person crew set sail from Callao, Peru, on the 40-square-foot Kon-Tiki on April 28, 1947. The Kon-Tiki, named for a mythical white chieftain, was made of indigenous materials and designed to resemble rafts of early South American Indians. While crossing the Pacific, the sailors encountered storms, sharks and whales, before finally washing ashore at Raroia. Heyerdahl, born in Larvik, Norway, on October 6, 1914, believed that Polynesia’s earliest inhabitants had come from South America, a theory that conflicted with popular scholarly opinion that the original settlers arrived from Asia. Even after his successful voyage, anthropologists and historians continued to discredit Heyerdahl’s belief. However, his journey captivated the public and he wrote a book about the experience that became an international bestseller and was translated into 65 languages. Heyerdahl also produced a documentary about the trip that won an Academy Award in 1951.
Aug 06 2012
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
Chris Hedges:The Science of Genocide
Now I am become Death, the destroyer of worlds.
On this day in 1945 the United States demonstrated that it was as morally bankrupt as the Nazi machine it had recently vanquished and the Soviet regime with which it was allied. Over Hiroshima, and three days later over Nagasaki, it exploded an atomic device that was the most efficient weapon of genocide in human history. The blast killed tens of thousands of men, women and children. It was an act of mass annihilation that was strategically and militarily indefensible. The Japanese had been on the verge of surrender. Hiroshima and Nagasaki had no military significance. It was a war crime for which no one was ever tried. The explosions, which marked the culmination of three centuries of physics, signaled the ascendancy of the technician and scientist as our most potent agents of death. [..]
All attempts to control the universe, to play God, to become the arbiters of life and death, have been carried out by moral idiots. They will relentlessly push forward, exploiting and pillaging, perfecting their terrible tools of technology and science, until their creation destroys them and us. They make the nuclear bombs. They extract oil from the tar sands. They turn the Appalachians into a wasteland to extract coal. They serve the evils of globalism and finance. They run the fossil fuel industry. They flood the atmosphere with carbon emissions, doom the seas, melt the polar ice caps, unleash the droughts and floods, the heat waves, the freak storms and hurricanes.
James Hansen: Climate Change is Here – and Worse Than We Thought
When I testified before the Senate in the hot summer of 1988 , I warned of the kind of future that climate change would bring to us and our planet. I painted a grim picture of the consequences of steadily increasing temperatures, driven by mankind’s use of fossil fuels.
But I have a confession to make: I was too optimistic.
My projections about increasing global temperature have been proved true. But I failed to fully explore how quickly that average rise would drive an increase in extreme weather.In a new analysis of the past six decades of global temperatures, which will be published Monday, my colleagues and I have revealed a stunning increase in the frequency of extremely hot summers, with deeply troubling ramifications for not only our future but also for our present.
The accusation that the President has failed to deliver Change is, in certain key respects, unfair
Earlier this week, The New Yorker‘s Steve Coll wrote an excellent column on President Obama’s kill list and assassination powers. Regarding the lawsuit brought by the ACLU and CCR on behalf of three American victims of Obama’s assassinations – a legal challenge which CBS News‘ Andrew Cohen called “the most important lawsuit filed so far this year” and “the most important lawsuit filed in the war on terror since President Barack Obama took office” – Coll argued that it “is to the due-process clause what the proposed march of neo-Nazis through a community that included many Holocaust survivors in Skokie, Illinois, was to the First Amendment”: “an instance where the most onerous facts imaginable should lead to the durable affirmation of constitutional principle, as Skokie did.”
Coll also pointed to “evidence ] suggesting that the Obama Administration leans toward killing terrorism suspects because it does not believe it has a politically attractive way to put them on trial,” which tracks [Noam Chomsky’s pithy observation earlier this year: “If the Bush administration didn’t like somebody, they’d kidnap them and send them to torture chambers. If the Obama administration decides they don’t like somebody, they murder them.” Coll also dissects the standard excuses offered by Obama defenders for the seizure of this power, including the moral and factual defects of the excuse that it’s acceptable to kill an accused Terrorist suspect if it’s difficult to apprehend and try him (in the Awlaki case, the Obama administration never even charged or indicted him before executing him).
Robert Kuttner: Don’t Blame Bernanke
Let’s not expect central bankers to bail out the continuing economic mess. That’s not who they are, and cheap money can only do so much to levitate a deflated economy.[..]
If you watched any of the PBS encore broadcast of the Ken Burns documentary, The War, this past week, you have some sense of what kind of a production machine can be energized by government contracts in the face of a depressed economy. There is so much that we could spend that money on — energy self sufficiency, infrastructure, a smart electrical grid, public transportation, better education at all levels — all of which would not only create economic activity and jobs, but would make for a more productive economy. But nothing like this is part of the mainstream conversation. If you propose this sort of thing, you are packed off to the Museum of Un-reconstructed Keynesians. White House economists quietly admit that you are right, but you are politically radioactive (even with a Nobel Prize.)
Eric Margolis: Drone Attacks Only Create More Enemies for the US
I was visiting Pakistan’s ambassador to the United States when the phone on his desk rang.
“The hot line,” he said. “Sorry I have to take this call.”
As he listened, his face grew darker and darker. Finally, he banged down the phone and exploded: “Another US drone attack that killed a score of our people. We were never warned the attack was coming. We are supposed to be US allies!”
This strongly pro-American ambassador was wrong. While the US hails Pakistan as a key non-NATO ally, the US treats it like a militarily occupied country. The government in Islamabad is left to observe increasing drone attacks and CIA ground operation with deepening embarrassment and helplessness.
Richard (RJ) Eskow: Happy 151st Birthday, Federal Income Tax!
Yesterday I got an email for the President’s birthday inviting me to sign an e-card (and no doubt asking for contributions, too.) The subject line, “Big Birthday,” could have been about another landmark: Today, August 5, the Federal income tax turned 151 years old.
Now that’s a big birthday. Bring out the balloons and party hats.
I can hear people saying, “Is this guy crazy? Doesn’t he pay taxes? Who likes giving up a big chunk of money?”
Yes, I pay my taxes, and there are lots of other bills on the family table. Among other things I’m a small business owner, and our ongoing “invisible recession” has taken a toll on my income. Under the circumstances I can’t say I like paying taxes. Or, more precisely, I don’t enjoy the process. But then I think about what it would cost us, financially and otherwise, not to have the Federal income tax.
It could cost seniors $30,000, $40,000 or more to buy health insurance, for example – that is, if they could afford it at all. And what would it cost to use the public highways if they’d been built for profit – $500 per year? $5,000? Then there are those things the private sector wouldn’t bother with at all, like disease prevention. I’d guess we’d just get sick more often.
When I think about that I become downright grateful. So Happy 151st Birthday, Federal income tax! May you have many more to come.
Aug 06 2012
On This Day In History August 6
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
August 6 is the 218th day of the year (219th in leap years) in the Gregorian calendar. There are 147 days remaining until the end of the year.
On this day there have been many significant events. Certainly, one of the most memorable is that this is the anniversary of dropping of the first atomic bomb on Hiroshima, Japan. It is also the anniversary of President Johnson signing the Voting Rights Act.
Recent significant history that has been over looked by my usual sources is this: The August 6, 2001 Presidential Daily Briefing better known as the August 6th PDB. It was handed to President George W. Bush, who was on one of his many vacations to his home in Crawford, TX, by Harriet Miers, who was the President’s WH Council, and promptly ignored. Whether Bush ignored the warning that Osama bin Laden was planning to attack the US because he was told to let it happen or, the darker theory, that the government made it happen will never be known, at least not in the lifetime of those reading this. Whatever Bush’s motive was, it set off a series of events in this country that has affected us all and divided us like no other incident since the Civil War. The US has now been in Afghanistan for almost 9 years 10 years and Iraq for over seven eight and, despite the Democrats holding the White House and the majority in both houses of Congress, there is no end in site to those two wars. Despite campaign promises to restore the rule of law and the Constitution, the Obama administration has continued the most heinous of the Bush policies that are violations of not just US law but International Law, ratified treaties and agreements. A sad anniversary, indeed.
I wrote this two years ago, although Pres. Obama has withdrawn combats troops from Iraq, “support” troops still remain. The US is in the process drawing down military presence in Afghanistan. That may sound encouraging but the President has since increased drones attacks in Pakistan and targeted American citizens for assassination. So much for ending the “war on terror.”
Aug 05 2012
Rant of the Week: Jon Stewart
Thousands turn out to support the First Amendment rights of Chik-fil-A president and gay marriage opponent Dan Cathy by contracting Type II diabetes
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