Tag: TMC Politics

What We Learned This Week

MSNBC”S “Up” host Steve Kornacki and his guests share what they have learned this week.

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 Board: The President on Mass Surveillance

n the days after Edward Snowden revealed that the United States government was collecting vast amounts of Americans’ data – phone records and other personal information – in the name of national security, President Obama defended the data sweep and said the American people should feel comfortable with its collection. On Friday, after seven months of increasingly uncomfortable revelations and growing public outcry, Mr. Obama gave a speech that was in large part an admission that he had been wrong. [..]

But even as Mr. Obama spoke eloquently of the need to balance the nation’s security with personal privacy and civil liberties, many of his reforms were frustratingly short on specifics and vague on implementation. [..]

One of his biggest lapses was his refusal to acknowledge that his entire speech, and all of the important changes he now advocates, would never have happened without the disclosures by Mr. Snowden, who continues to live in exile and under the threat of decades in prison if he returns to this country.

The president was right to acknowledge that leaders can no longer say, “Trust us, we won’t abuse the data we collect.” But to earn back that trust, he should be forthright about what led Americans to be nervous about their own intelligence agencies, and he should build stronger protections to end those fears.

William Rivers Pitt: A Good Week for Hard Drinking

In retrospect, what I should have done five days ago was buy a case of Jameson, find the most conveniently-located boulder, crawl under it, and wait for this filthy disaster zone of a week to pass me by. Any week that starts with a guy getting shot to death in Florida by a retired police captain for the crime of texting his daughter’s babysitter during the previews in a movie theater is not going to be a good week. I did not listen to my instincts, eschewed the boulder and the booze, and had to encompass one of the worst five-day stretches in America I can remember. [..]

So, to recap: a father was shot, his wife was shot, two students were shot at school, two women were shot at the grocery store, the guy who shot them was shot, a five-year-old was shot, a three-year-old was shot, and a four-year-old was shot by a four-year-old. Wikileaks let us know that all the environmental rhetoric emanating from our president is a cloud of hot gas thanks to the trade deal he’s just wild about. Screwed unemployed Americans are screwed. The only reason Congress decided to work together for the first time in six years was in service of their Wall Street paymasters. The internet is over, maybe, but probably. The GOP wants the IRS to audit rape victims and make eating harder for poor people. Oh, and the Elk River region of West Virginia is what the rest of the country and the world will be like once we are led, finally and forever, into free-market no-regulations business-friendly paradise.

They give me Saturdays off around here, which is nice. Think I’ll lay in that case of Jameson, and maybe buy it a brother or two. If matters continue as they did this week, I’m going to need it. I strongly recommend you do the same. Take all appropriate precautions; this downhill run feels as if it’s just getting started.

David Sirota: Pentagon & NSA officials say they want Snowden extrajudicially assassinated

President Obama claims the right to extrajudicially execute American citizens, keeps a so-called “kill list,” and has bragged he’s “really good at killing people.” This isn’t bluster. Obama has backed this up with action, having killed U.S. citizens – including a 16-year-old boy – without charging, much less convicting, any of them with a single crime.

The implications are profound (and profoundly disturbing), and raise questions about Americans’ constitutional right to due process, the most basic constraints on presidential power, and our treatment of whistleblowers. Indeed, how can anyone expect those who witness executive-branch crimes to blow the whistle when the head of the executive branch asserts the right to instantly execute anyone he pleases at any time?

All of this may sound theoretical, academic, or even fantastical, straight out of a dystopian sci-fi flick. But it isn’t. It is very real. After all, only a few months ago, the chairman of the U.S. House Intelligence Committee publicly offered to help extrajudicially assassinate NSA whistleblower Edward Snowden. And now, according to a harrowing new report that just hit the Internet, top NSA and Pentagon officials are doing much the same, even after court rulings and disclosures have concluded that Snowden is a whistleblower who exposed serious government crimes.

Kevin Gosztola: Obama Lectures Those Outraged by NSA Surveillance Programs in Speech Announcing Reforms

The president delivered a speech on changes his administration would support to National Security Agency programs and policies, but what most stood out was not the announced reforms. It was how the speech focused on him and what he had done and how it seemed like he was lecturing Americans who have been outraged by what they have learned about massive government surveillance in the past six months.

President Barack Obama seemed deeply offended that anyone would think he had done an inadequate job or had enabled surveillance state policies. [..]

Obama’s version of his record as president sharply contrasted the history of support for spying as presented by The New York Times. Obama aides even anonymously told the Times that he had been “surprised to learn after the leaks…just how far the surveillance had gone.” So, it was fraudulent for him to claim to Americans that he was about to bring transparency and promote debate on government surveillance.

Tom Engelhardt: What Could Possibly Go Wrong?

These days, when I check out the latest news on Washington’s global war-making, I regularly find at least one story that fits a new category in my mind that I call: What Could Possibly Go Wrong?

Take last Saturday’s Washington Post report by Craig Whitlock on the stationing of less than two dozen U.S. “military advisers” in war-torn Somalia.  They’ve been there for months, it turns out, and their job is “to advise and coordinate operations with African troops fighting to wrest control of the country from the al-Shabab militia.”  If you leave aside the paramilitarized CIA (which has long had a secret base and prison in that country), those advisers represent the first U.S. military boots on the ground there since the infamous “Black Hawk Down” incident of 1993.  As soon as I read the piece, I automatically thought: Given the history of the U.S. in Somalia, including the encouragement of a disastrous 2006 Ethiopian invasion of that country, what could possibly go wrong?

Some days when I read the news, I can’t help but think of the late Chalmers Johnson; on others, the satirical newspaper the Onion comes to mind. If Washington did it — and by “it,” I mean invade and occupy a country, intervene in a rebellion against an autocrat, intervene in a civil war, launch a drone campaign against a terror outfit, or support and train local forces against some group the U.S. doesn’t like — you already know all you need to know. Any version of the above has repeatedly translated into one debacle or disaster after another.

Greenwald: NSA Reforms Just a Bad PR Campaign

Journalist and constitutional lawyer Glenn Greenwald and  the executive director of the American Civil Liberties Union Anthony D Romero discussed President Barack Obama’s new NSA “reforms” with Alex Wagner, the host of MSNBC’s “Now.”

Obama’s NSA ‘reforms’ are little more than a PR attempt to mollify the public

By Glenn Greenwald, The Guardian

Obama is draping the banner of change over the NSA status quo. Bulk surveillance that caused such outrage will remain in place

In response to political scandal and public outrage, official Washington repeatedly uses the same well-worn tactic. It is the one that has been hauled out over decades in response to many of America’s most significant political scandals. Predictably, it is the same one that shaped President Obama’s much-heralded Friday speech to announce his proposals for “reforming” the National Security Agency in the wake of seven months of intense worldwide controversy.

The crux of this tactic is that US political leaders pretend to validate and even channel public anger by acknowledging that there are “serious questions that have been raised”. They vow changes to fix the system and ensure these problems never happen again. And they then set out, with their actions, to do exactly the opposite: to make the system prettier and more politically palatable with empty, cosmetic “reforms” so as to placate public anger while leaving the system fundamentally unchanged, even more immune than before to serious challenge. [..]

Today’s speech should be seen as the first step, not the last, on the road to restoring privacy. The causes that drove Obama to give this speech need to be, and will be, stoked and nurtured further until it becomes clear to official Washington that, this time around, cosmetic gestures are plainly inadequate.

Here is the press release from the ACLU commenting on the President’s NSA speech:

January 17, 2014

FOR IMMEDIATE RELEASE

CONTACT: [email protected]

WASHINGTON – President Obama today announced changes to some aspects of the NSA’s surveillance programs and left others in place. Anthony D. Romero, the executive director of the American Civil Liberties Union, had this reaction:

“The president’s speech outlined several developments which we welcome. Increased transparency for the Foreign Intelligence Surveillance Court, improved checks and balances at the FISA court through the creation of a panel of advocates, and increased privacy protections for non-U.S. citizens abroad – the first such assertion by a U.S. president – are all necessary and welcome reforms.

“However, the president’s decision not to end bulk collection and retention of all Americans’ data remains highly troubling. The president outlined a process to study the issue further and appears open to alternatives. But the president should end – not mend – the government’s collection and retention of all law-abiding Americans’ data. When the government collects and stores every American’s phone call data, it is engaging in a textbook example of an ‘unreasonable search’ that violates the Constitution. The president’s own review panel recommended that bulk data collection be ended, and the president should accept that recommendation in its entirety.”

A new chart comparing the ACLU’s proposals, President Obama’s announcement, and the USA FREEDOM Act (a bipartisan bill currently pending in Congress) is at: aclu.org/national-security/where-does-president-stand-nsa-reform

ACLU Action is demanding an end to dragnet surveillance at: aclu.org/endsurveillance

The President Flops on NSA Reform

President Barack Obama once again fell short of taking any meaningful action on reining in the NSA surveillance programs or assuring that American’s right to privacy under the Fourth Amendment be protected. He made one of his predictable speeches that attempted to placate both critics and defenders, failing to actually do anything significant, all the while lecturing the public on history and expressing his offense that anyone would think that he had done an inadequate job or had enabled surveillance state policies. FDL’s Kevin Gosztola contrasted today’s speech with NSA director Gen. Keith Alexander’s statements to Congress and his inaugural address last year:

The narrative that Obama promoted in the part of his speech building up to announcement of reforms was starkly similar to what NSA director Gen. Keith Alexander has said when addressing members of Congress at hearings held in the aftermath of Snowden’s first disclosures. The narrative he used should make Americans even more skeptical of how substantive the changes to surveillance will be. [..]

One might remember that just about one year ago Obama gave an inaugural speech after his re-election where he said a “decade of war is now ending” and later described how Americans believe there is no need for “perpetual war.” But the very premise of Obama’s speech involved a demand to recognize the value of militarized surveillance and this militarization keeps the US on a permanent war footing putting civil liberties of Americans at risk so long as this footing is maintained.

Since there were such low expectations, Mike Masnick at Techdirt thought the announced reforms were more significant than expected but stopped short of fixing the actual problems:

  • A judge will have to approve each query for data on the metadata collection from Section 215 of the PATRIOT Act.
  • The “three hop” dragnet will be reduced down to two hops. That does, in fact, limit how far the NSA can search by quite a bit. That last hop is quite big.
  • The NSA should no longer hold all of the data, meaning that the telcos will be expected to hold onto it (though, he leaves it up to Congress and the DOJ to figure out how to do this). He calls this a “transition” away from the Section 215 program, but that’s hardly clear.
  • National Security Letters (NSLs) will no longer have an unlimited gag order on them. The Attorney General will need to set up guidelines for a time in which gag orders expire, with the possibility of extending them for investigations that are still ongoing.
  • Companies will be given slightly more freedom to reveal data on the NSLs they get (though I don’t think he indicated the same thing for Section 702 orders…. which is a big concern).
  • The Attorney General and the Director of National Intelligence will review annually FISC rulings to figure out what can be declassified.
  • He promises to “work with Congress” to look at changes to the FISA court
  • He is adding some very limited restrictions on spying on people overseas. It should only be used for actual counterterrorism/crime/military/real national security efforts.
  • A State Department official will be in charge of handling “diplomacy issues” related to these changes on foreign spying.
  • An effort will be started with technologists and privacy experts over how to handle “big data and privacy” in both the public and private sectors.

Marcy Wheeler at emptywheel addressed what the president does not consider abuse:

  • The NSA spied on the porn and phone sex habits of ideological opponents, including those with no significant ties to extremists, and including a US person.
  • According to the NSA in 2009, it had a program similar to Project Minaret – the tracking of anti-war opponents in the 1970s – in which it spied on people in the US in the guise of counterterrorism without approval. We still don’t have details of this abuse.
  • When the NSA got FISC approval for the Internet (2004) and phone (2006) dragnets, NSA did not turn off features of Bush’s illegal program that did not comply with the FISC authorization. These abuses continued until 2009 (one of them, the collection of Internet metadata that qualified as content, continued even after 2004 identification of those abuses).
  • Even after the FISC spent 9 months reining in some of this abuse, the NSA continued to ignore limits on disseminating US person data. Similarly, the NSA and FBI never complied with PATRIOT Act requirements to develop minimization procedures for the Section 215 program (in part, probably, because NSA’s role in the phone dragnet would violate any compliant minimization procedures).
  • The NSA has twice – in 2009 and 2011 – admitted to collecting US person content in the United States in bulk after having done so for years. It tried to claim (and still claims publicly in spite of legal rulings to the contrary) this US person content did not count as intentionally-collected US person content (FISC disagreed both times), and has succeeded in continuing some of it by refusing to count it, so it can claim it doesn’t know it is happening.
  • As recently as spring 2012, 9% of the NSA’s violations involved analysts breaking standard operating procedures they know. NSA doesn’t report these as willful violations, however, because they’ve deemed any rule-breaking in pursuit of “the mission” not to be willful violations.
  • In 2008, Congress passed a law allowing bulk collection of foreign-targeted content in the US, Section 702, to end the NSA’s practice of stealing Internet company data from telecom cables. Yet in spite of having a legal way to acquire such data, the NSA (through GCHQ) continues to steal data from some of the same companies, this time overseas, from their own cables. Arguably this is a violation of Section 702 of FISA.
  • NSA may intentionally collect US person content (including Internet metadata that legally qualifies as content) overseas (it won’t count this data, so we don’t know how systematic it is). If it does, it may be a violation of Section 703 of FISA.

No, Mr. President, this is not enough.

Punting the Pundits

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Follow us on Twitter @StarsHollowGzt

Paul Krugman: Scandal in France

I haven’t paid much attention to François Hollande, the president of France, since it became clear that he wasn’t going to break with Europe’s destructive, austerity-minded policy orthodoxy. But now he has done something truly scandalous.

I am not, of course, talking about his alleged affair with an actress, which, even if true, is neither surprising (hey, it’s France) nor disturbing. No, what’s shocking is his embrace of discredited right-wing economic doctrines. It’s a reminder that Europe’s ongoing economic woes can’t be attributed solely to the bad ideas of the right. Yes, callous, wrongheaded conservatives have been driving policy, but they have been abetted and enabled by spineless, muddleheaded politicians on the moderate left.

Mark Weisbrot: Why the European Economy Has Done So Much Worse Than That of the United States

If we compare the economic recovery of the United States since the Great Recession with that of Europe — or more specifically the eurozone countries — the differences are striking, and instructive. The U.S. recession technically lasted about a year and a half — from December 2007 to June 2009. (Of course, for America’s 20.3 million unemployed and underemployed, and millions of others, the recession never ended — but more on that below.) The eurozone had a similar-length recession from about January 2008 to April 2009; but then it fell into a longer recession in the third quarter of 2011 that lasted for about another two years; it may be exiting that recession currently. [..]

All this is not to hold up the U.S. recovery as an example; it is disgraceful that we have fewer people employed than we did six years ago, and a lower proportion of employed workers than we had at any time going back to the 1980s. And unnecessary: The media are filled with nonsense about cutting deficits and debt, and our government is also slowing growth with unnecessary budget cuts. And all this when our federal debt has a net interest burden of less than 1 percent of our national income, about as low as it has been in the post-World War II era. But the eurozone experience shows how much worse it can be when people lose most of their control over their government’s most important economic policies.

Richard (RJ) Eskow: For the GOP, an Abyss Instead of Ideas

When you look too long into the Abyss, said Nietzsche, the Abyss looks into you. “And,” adds comedian Brother Theodore, “neither one of us likes what we see.”

That’s what the economic pronouncements of Republican politicians are like nowadays. Instead of a governing philosophy, all one sees is a yawning intellectual abyss. Their core ideas are so unpopular and discredited that party leaders only express them in passing. But, without them, the party is reduced to a set of rhetorical and ideological tics in search of a host organism.

The newly negotiated budget agreement is a perfect example of this process in action. The GOP got some giveaways to its wealthy patrons. But instead of acting on principle, their other demands were merely a series of poses and stances with no unifying theme.

Amy Goodman: Fukushima Is the World’s Ongoing Warning Against Nuclear Energy

The impact of nuclear disasters can last for generations. Such man-made devastation offers a lesson to all of us

“I write these facts as dispassionately as I can in the hope that they will act as a warning to the world,” wrote the journalist Wilfred Burchett from Hiroshima. His story, headlined, “The Atomic Plague” appeared in the London Daily Express on 5 September 1945. Burchett violated the US military blockade of Hiroshima, and was the first Western journalist to visit that devastated city. He wrote: “Hiroshima does not look like a bombed city. It looks as if a monster steamroller had passed over it and squashed it out of existence.” [..]

Prime Minister Abe, leading the most conservative Japanese administration since World War II, wants to restart his country’s nuclear power plants, despite overwhelming public opposition. Public protests outside Abe’s official residence in Tokyo continue.

“It gives you an empty feeling in the stomach to see such man-made devastation,” Wilfred Burchett wrote, sitting in the rubble of Hiroshima in 1945. The two US atomic-bomb attacks on the civilian populations of Hiroshima and Nagasaki have deeply impacted Japan to this day. Likewise, the triple-edged disaster of the earthquake, tsunami and ongoing nuclear disaster will last for generations. The dangerous trajectory from nuclear weapons to nuclear power is now being challenged by a popular demand for peace and sustainability. It is a lesson for rest of the world as well.

Marjorie Cohn: Will Court Beat Back NSA’s Police State Desires?

Metadata collection as Fourth Amendment violation

Edward Snowden, who worked for the National Security Agency (NSA), revealed a secret order of the Foreign Intelligence Surveillance Court (FISC), that requires Verizon to produce on an “ongoing daily basis … all call detail records or ‘telephony metadata’ created by Verizon for communications (i) between the United States and abroad; or (ii) wholly within the United States, including local telephone calls.”

The government has admitted it collects metadata for all of our telephone communications, but says the data collected does not include the content of the calls.

In response to lawsuits challenging the constitutionality of the program, two federal judges issued dueling opinions about whether it violates the Fourth Amendment’s prohibition on unreasonable searches and seizures. [..]

This issue is headed to the Court of Appeals. From there, it will likely go the Supreme Court. The high court checked and balanced President George W. Bush when he overstepped his legal authority by establishing military commissions that violated due process, and attempted to deny constitutional habeas corpus to Guantanamo detainees. It remains to be seen whether the court will likewise refuse to cower before President Barack Obama’s claim of unfettered executive authority to conduct dragnet surveillance. If the court allows the NSA to continue its metadata collection, we will reside in what can only be characterized as a police state.

John Robbins: Is the USDA Really Dumb Enough To Approve Agent Orange Corn?

Could this be the dumbest thing the USDA has ever done?

The Obama administration announced last week that it expects to approve corn and soybeans that have been genetically engineered by Dow Chemical company to tolerate the toxic herbicide – 2,4-D. They are planning this approval despite the fact that use of this herbicide is associated with increased rates of deadly immune system cancers, Parkinson’s disease, endocrine disruption, birth defects, and many other serious kinds of illness and reproductive problems.

Weed ecologists are unanimous in warning that approval of these crops will lead to vast increases in the use of this poisonous chemical. Researchers at Penn State say that in soybeans alone, planting of crops resistant to 2,4-D would increase the amount of 2,4-D sprayed on American fields to 100 million pounds per year – four times the current level. The researchers predict a cascade of negative environmental impacts, and add that the increasing use of the herbicide would actually worsen the epidemic of superweeds it is intended to address, by causing weeds to become resistant to multiple herbicides.

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

Eugene Robinson: Where Is the Democrats’ Outrage?

Shame on Republicans for blocking the resumption of long-term unemployment benefits for 1.3 million Americans. And shame on Democrats for letting them.

The GOP cannot be allowed to cast this as a bloodless policy debate about “incentives” that allegedly encourage sloth. Putting that spin on the issue is disingenuous, insulting and inaccurate: As Republicans well know, individuals receiving unemployment checks are legally required to look for work.

Republicans should also know that the jobless desperately want employment. For some, a new job might be just weeks or months away. But the benefits cutoff may make it impossible to keep house and home together in the meantime.

Jeff Biggers: How dirty coal foretold West Virginia’s disaster

Residents have warned about coal-cleaning chemicals for years. Will feds finally investigate state agencies?

Since Jan. 9, when a chemical used to process coal leaked into West Virginia’s Elk River, images of beleaguered Charleston residents lining up for bottles of water from National Guard tankers have dominated the headlines. With some restrictions on water use lifted on Jan. 13, Gov. Earl Ray Tomblin declared, “We see light at the end of the tunnel.”

The tunnel of denial, hopefully. The fallout over the chemical spill from a coal-processing plant should serve as a wake-up call to the nation after years of pleas by coal-mining communities for federal invention in the state’s rogue regulatory agencies that oversee the coal industry and its chemical-industry counterparts.

Tomblin has attempted to distance the coal industry from the nation’s latest environmental disaster. Asked if the spill was a result of the state’s heavy reliance on the coal industry, he quickly replied, “This was not a coal-company incident. This was a chemical-company incident.” But the entangled reality of dirty coal and its toxic chemical cleansers has finally arrived at the governor’s front door – and faucet.

Jim Hightower: What if Antibiotics no Longer Work?

Have you had your daily minimum requirement of triclosan today? How about your dosage of triclocarban?

Chances are you have, but don’t know it. These two are antimicrobial chemicals, which might sound like a good thing – except that they disrupt the human body’s normal regulatory processes. Animal studies show, for example, that these triclos can be linked to the scrambling of hormones in children, disruption of puberty and of the reproductive system, decreases in thyroid hormone levels that affect brain development and other serious health problems.

Yet, corporations have slipped them into all sorts of consumer products, pushing them with a blitz of advertising that claims the antibacterial ingredients prevent the spread of infections. The two chemicals were originally meant for use by surgeons to cleanse their hands before operations, but that tiny application has now proliferated like a plague, constantly exposing practically everyone to small amounts here, there and everywhere, adding up to dangerous mega-doses.

John Nichols: The Internet As We Know It Is In Peril. The FCC Can (And Must) Save It

When the US Court of Appeals for the DC Circuit struck down the Federal Communications Commission’s Open Internet Order Tuesday-dealing what is being broadly interpreted as a fatal blow to net neutrality- it highlighted the urgent need for the FCC to develop a smarter and more assertive approach to protecting citizens and consumers in the digital age. [..]

The DC Circuit has rejected the commission’s approach, and struck down key regulations that were designed to preserve net neutrality. In so doing, they have, as U.S. Senator Bernie Sanders, I-Vermont, says: “(dealt) a blow to consumers and small businesses alike.” Without regulatory safeguards, adds Sanders, “corporations are able to prioritize the information available to users, it stifles ideas and expression, as well as commerce and innovation.”

But the court has not said the FCC lacks authority to protect broadband Internet users.

In fact, if the FCC responds to the court ruling with a bold move to reclassify broadband Internet access as a telecommunications service that can be regulated in the public interest, it has the ability to do just that.

Diane Roberts: For some idiots, there just aren’t enough guns on university campuses

Guns are a part of US culture. But as a professor, I see no reason they need to be on college campuses. It just invites disaster

American universities are places of art and music, gleaming labs and fine old buildings, famous libraries and fancy football stadiums, old traditions and new thinking, beauty, youth and brains – about everything you could want. Except guns. Apparently, there just aren’t enough guns in those ivy-covered halls.

Never fear: second amendment fundamentalists mean to correct what they see as the sad paucity of weapons on campus. In Florida, a gaggle of true believers calling themselves Florida Carry busies itself arguing that institutions of higher learning have no right to ban guns on their taxpayer-funded property. I mean, why wouldn’t you want to pack heat in a class like Organic Chemistry II? Florida Carry’s attack is gradual: last year they prevailed in a suit to let students at the University of North Florida stash guns in their cars; this year, they’re aiming to force the University of Florida to allow its 50,000 students to keep guns in their dormitories.

NSA Excuses Get Moronic

We can’t tell you that we spied on you because it would violate your privacy??!!! This is precisely what the head of the NSA, General Keith B. Alexander told Senator Bernie Sanders (I-VT) in a letter responding to Sen. Sanders’ question about whether it collects information on members of Congress because doing so would violate the law.

“Among those protections is the condition that NSA can query the metadata only based on phone numbers reasonably suspected to be associated with specific foreign terrorist groups,” Alexander wrote. “For that reason, NSA cannot lawfully search to determine if any records NSA has received under the program have included metadata of the phone calls of any member of Congress, other American elected officials, or any other American without the predicate.” [..]

Alexander doesn’t actually say so in his letter, but it’s very possible that the NSA collects data on members of Congress just as it does on everyone else, in bulk. The NSA said in a statement earlier this month that members of Congress have the “same privacy protections” as ordinary citizens, which means that they too might be caught up in the NSA’s terrorism queries of its telephone database, which may sweep up millions of innocent people in a single search.

Seriously. I want to know what drugs they have given the heads of the DNI & NSA that they think that this is a plausible explanation of why that can’t tell a United States Senator whether or not they have spied on him. Alexander really wants us to believe that searching the NSA data base for information would violate the law

This certainly comes under the category of the most lamest excuses for abuse of power.



WikiLeaks: TPP Waters Down Environmental Protections

WikiLeaks has released the secret draft text for the entire Trans Pacific Partnership Agreement (TPP) Environment Chapter and the corresponding Chairs’ Report.

TPP Wikileaks photo c1_zpscb2e5e0f.jpg  

The Environment Chapter covers what the Parties propose to be their positions on: environmental issues, including climate change, biodiversity and fishing stocks; and trade and investment in ‘environmental’ goods and services. It also outlines how to resolve enviromental disputes arising out of the treaty’s subsequent implementation. The draft Consolidated Text was prepared by the Chairs of the Environment Working Group, at the request of TPP Ministers at the Brunei round of the negotiations.

When compared against other TPP chapters, the Environment Chapter is noteworthy for its absence of mandated clauses or meaningful enforcement measures. The dispute settlement mechanisms it creates are cooperative instead of binding; there are no required penalties and no proposed criminal sanctions. With the exception of fisheries, trade in ‘environmental’ goods and the disputed inclusion of other multilateral agreements, the Chapter appears to function as a public relations exercise. [..]

The Chairs’ Report of the Environment Working Group also shows that there are still significant areas of contention in the Working Group. The report claims that the draft Consolidated Text displays much compromise between the Parties already, but more is needed to reach a final text. The main areas of contention listed include the role of this agreement with respect to multilateral environmental agreements and the dispute resolution process.

According to analysis by The New York Times, the Obama administration has backed off support of strong environmental protections under pressure from various emerging nations in Asia, who fear that things like pollution controls will make it more difficult for them to develop their economies.

As it stands now, the documents, viewed by The New York Times, show that the disputes could undo key global environmental protections.

The environmental chapter of the trade deal has been among the most highly disputed elements of negotiations in the pact. Participants in the talks, which have dragged on for three years, had hoped to complete the deal by the end of 2013.

Environmentalists said that the draft appears to signal that the United States will retreat on a variety of environmental protections – including legally binding pollution control requirements and logging regulations and a ban on harvesting sharks’ fins – to advance a trade deal that is a top priority for Mr. Obama. [..]

The report indicates that the United States has been pushing for tough environmental provisions, particularly legally binding language that would provide for sanctions against participating countries for environmental violations. The United States is also insisting that the nations follow existing global environmental treaties. [..]

As of now, the draft environmental chapter does not require the nations to follow legally binding environmental provisions or other global environmental treaties. The text notes only, for example, that pollution controls could vary depending on a country’s “domestic circumstances and capabilities.”

The Director of Sierra Club’s Responsible Trade Program, Ilana Solomon released this message about the weak standards and calling on readers to tell congress to reject fast track legislation:

The leaked environment chapter is unenforceable and rife with weak language, according to an analysis of the leaked text by the Sierra Club, WWF, and NRDC.

The leaked environment chapter text falls flat on the standard for environment chapters from the past seven years. Since the May 2007 bipartisan consensus (pdf) on trade by the Bush administration and Congress, the environment chapters of all U.S. free trade agreements have been legally enforceable and included a list of environmental treaties that countries committed to uphold. Today’s leaked text-which is both unenforceable and does not include obligations to uphold commitments made under environmental treaties-does not meet the standard set by Congress.

As Michael Brune, executive director of the Sierra Club stated, “If the environment chapter is finalized as written in this leaked document, President Obama’s environmental trade record would be worse than George W. Bush’s. This draft chapter falls flat on every single one of our issues – oceans, fish, wildlife, and forest protections – and in fact, rolls back on the progress made in past free trade pacts.” [..]

The current state of the environment chapter is completely unacceptable. It’s unbelievable to think that TPP countries have agreed to allow foreign corporations to attack public interest policies in private trade tribunals, but they can’t agree to a binding environment chapter with strong commitments to help protect natural resources.

This text proves why so many Members of Congress don’t want to give the president “fast-track” authority that could help rush the TPP over the finish line with almost no Congressional input. Tell Congress to reject fast track-legislation that would strip Congress of its own ability to ensure that the TPP, including the environment chapter, actually protects communities and the environment. And the TPP governments must stop pandering to the interest of big corporations and get serious about protecting families and the environment.

Both House Minority Leader Nancy Pelosi (D-CA) and Senate Majority Leader Harry Reid (D-NV) are opposed to fast track of the TPP. Ms. Pelosi told reporters that she has a problem with the lack of transparency, “We want transparency. We want to see what’s going on there.”

Do not let congress fast track TPP approval

 

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

Yves Smith Administration Peddling Increasing Blatant Canards on Proposed “Trade” Deals

We’ve both written and spoken about the wildly mislabeled “trade” deals that the Obama Administration is still trying hard to conclude, despite its abject failure to meet an arbitrary deadline of year end 2013.

The two pending deals, the Trans-Pacific Partnership and the Trans-Atlantic Trade and Investment Partnership, have perilous little to do with trade. But invoking the magic incantation “free trade” seems to neutralize the reasoning ability of economists and the media. [..]

Why does America have any duty to “level the playing field” if it is not concerned about the welfare of multinational? And spare us Obama’s pretenses to care about the middle class. Un and underemployment languishes in the mid-teens. And our Liar in Chief has taken to trying to depict physically demanding, below living wage jobs (for anyone supporting a household, as opposed to one person) in Amazon warehouses as “middle class”.

And the pretext for the piece is not news. The Senate Finance Committee is gearing up to move a Trade Promotion Authority, which is just another term of art for what is also called “fast track”. Fast track give Congress a limited amount of time to respond to a tabled trade deal with a simple up or down vote. This is just the old effort to move the pacts forward.

But this messaging means the Administration is still keen to get these deals done, which means it is also incumbent to keep the pushback going. Please call or e-mail your representative and tell them “Hell no!”

Ana Marie Cox: That West Virginia Chemical Spill? It’s Likely a Bigger Scandal Than Bridgegate

Sadly, the West Virginia spill just isn’t as interesting for the media and public as the Chris Christie revenge conspiracy. It should be

If we called West Virginia 4-methylcyclohexane-methanol leak “Watergate”, do you think the political press would pay more attention?

Hours of cable news time and thousands of words have been spent in search of what “Bridgegate” means for Chris Christie. An equal and opposite amount of energy has been poured into an examination of what the Christie situation means for Obama.

Meanwhile, in West Virginia, there are 300,000 people without useable water, and an unknown number who may fall ill because the warning to avoid the tainted supply came seven hours after the leak was discovered – and perhaps weeks after it happened. (Neighbors of the plant have told reporters they detected the chemical’s odor in December.)

Complaining about desperate news coverage is to call foul on a game that is actually just playing by a different set of rules. I know that. I know, too, that there’s no organized conspiracy, nor even any vague ill will, involved in how it came to be that Bridgegate continues to attract punditry while West Virginia only generates the kind of sympathetic-if-distant coverage we usually grant far-off and not too devastating natural disasters.

Katrina vanden Heuvel: Bill de Blasio’s persuasive case for universal pre-K

Last week, as New York found itself in the icy grip of the polar vortex, another deep freeze seemed to be settling over the Empire State – this time between Gov. Andrew Cuomo and New York City’s new mayor, Bill de Blasio – and crystallizing two competing visions for the future of the Democratic Party.

First came dueling news conferences last Monday. Cuomo stood before the Albany press corps, announcing his plan to cut taxes by $2 billion, while de Blasio was in a Harlem classroom, joined by a bevy of labor leaders who pledged their support for his signature policy initiative: funding universal pre-K for 4-year-olds (and after-school programs for all middle schoolers) by increasing the income taxes of New Yorkers making over $500,000 a year by about a half-percentage point. [..]

If de Blasio persuades the governor and state legislators to support him, this will become the model for how to fund crucial priorities in a progressive, sustainable way – and a lesson for Democrats around the country who want to meaningfully address the growing concern about inequality.

Lynn Parramore: How the Big Cell Phone Companies Are Getting Away with Ripping You Off Each Month

If you live in America, there’s a good chance you’ve not been overjoyed by your wireless plan. Simply by using a device essential to your daily life, you have been screwed. Let us count the ways.

If you overestimate how many voice minutes, text messages and data usage you need, you get screwed. If you underestimate, you also get screwed. If you have a contract, you get screwed if the service ends up being bad. If you don’t have a contract, you may find that a company can suddenly raise prices, and so you may get screwed there, too. Studying your bill often reveals still more ways you have been screwed. Did someone with a foreign number text you? Unlucky you! Did you download a ringtone thinking it was free? Oops! You’re screwed. Your bill is a maze of fees: activation fees, upgrade fees, early-termination fees, 411 fees, mysterious third-party fees, fees no one can understand. Customer service is mostly a joke.

Why is this happening to you? Because of a game called Oligopoly.

Zoë Carpenter: Pro-Choice Advocates Plan Offensive in the States

Three years ago, when he was elected governor of Kansas, Sam Brownback promised to sign any anti-abortion bill that landed on his desk. He’s kept his word, signing a handful restrictive measures to force doctors to give medically unsound information to their patients, impose crippling licensing requirements on clinics and divert funds from health providers to crisis pregnancy centers, among other things.

Now, Brownback is facing a re-election campaign that looks decidedly tougher than most expected, and pro-choice activists are eyeing the race as they seek to reverse the momentum of anti-choice laws sweeping the states. Some early polls show Brownback trailing his Democratic challenger, a little-known state representative named Paul Davis who has voted against many of the anti-choice bills.

“Even if Governor Brownback is put on defense because of his abortion stance, that would matter significantly,” said Ilyse Hogue, president of NARAL Pro-Choice America.  [..] “There’s a perception that because Kansas is deep red, he’s safe as an anti-choice politician.”

Katha Pollitt: Christie: A Bully’s Bully

Oh, how we love those Republican “straight-shooters.”

I wanted New Jersey Governor Chris Christie’s press conference to go on forever. And, at 114 minutes, it almost did. I wanted to know more about traffic studies, and Christie’s workout and his personal trainer, his four-hour middle-of-the-night heart-to-heart with his wife, the tight-knit family atmosphere he cultivates at the office and how that had no bearing at all on whether he knew what was going on there. I especially wanted to know more about the governor’s feelings. We know he felt “blindsided,” “humiliated” and “embarrassed” by high-level close associates who arranged for a four-day traffic jam on the George Washington Bridge last September, possibly to punish the mayor of Fort Lee, who hadn’t endorsed him for re-election. And we know he was unhappy (“I am a very sad person today. That’s the emotion I feel”) that, as he tells it, all by themselves deputy chief of staff Bridget Anne Kelly, Port Authority appointee David Wildstein and other operatives cooked up their retribution scheme, which snarled school schedules and may have contributed to the death of a 91-year-old woman waiting for an ambulance. We know he felt personally betrayed and fired Kelly without even meeting with her because she had “lied” to him. He mentioned her “lies” thirteen times. But there was so much he didn’t tell us! For example, when he said “mistakes were made,” did he know he was quoting Nixon press secretary Ron Ziegler, or did that particular obfuscatory use of the passive voice just pop into his head? And what about “I am not a bully”? That has a Nixonian ring to it as well. Maybe if he hadn’t fired all those people, they would have told him that if you have to tell people you’re not a bully, you probably are one.

>/div>

Appeals Court Neutralizes Net Neutrality

U.S. Appeals Court Deals Major Blow To Net Neutrality

By Reuters

A U.S. appeals court on Tuesday struck down the government’s latest effort to require internet providers to treat all traffic the same and give consumers equal access to lawful content, a policy that supporters call net neutrality.

The Federal Communications Commission did not have the legal authority to enact the 2011 regulations, which were challenged in a lawsuit brought by Verizon Communications Inc, the U.S. Court of Appeals for the District of Columbia Circuit said in its ruling. [..]

During the oral argument in September, Verizon’s lawyer said the regulations violated the company’s right to free speech and stripped control of what its networks transmit and how.

The eventual outcome of the dispute may determine whether internet providers can restrict some content by, for instance, blocking or slowing down access to particular sites or charging websites to deliver their content faster.

As Expected, Court Strikes Down FCC’s Net Neutrality Rules: Now What?

By Mike Masnick, Techdirt

Basically, this is exactly what lots of us said at the start of this whole process. I’ve seen a bunch of reports overreacting to this today, from people saying that it’s “the death of the internet.” It’s not. There are problems on both sides here. The telcos absolutely do want to abuse things to effectively double charge both sides. And that could clearly create significant issues with the basic end-to-end nature of the internet.

However, on the flip side, we should be equally concerned about the FCC overstepping its bounds and mandate in regulating the internet. Because that opens up the opportunity for the FCC to regulate all sorts of aspects of the internet in dangerous ways. So, this ruling is both good and bad. It stops the FCC from overstepping its bounds… but opens up the opportunity for the telcos to sweep in and try to upset the basic concepts of the internet. It’s what happens now that becomes interesting. The court does leave open the possibility that the FCC could use other aspects of its mandate to establish net neutrality rules — where it has a much more firm legal footing. In other words, the court is telling the FCC basically: you can establish net neutrality rules if you do it correctly.

Circuit Court Of Appeals Strikes Down FCC’s Open Internet Order, Net Neutrality Threatened

By Darrell Etherington, TechCrunch

Media watchdog and advocacy agency Free Press released the following statement about the decision via President and CEO Craig Aaron, condemning it while also acknowledging that the Open Internet Order probably wasn’t the best possible solution for enforcing net neutrality:

   We’re disappointed that the court came to this conclusion. Its ruling means that Internet users will be pitted against the biggest phone and cable companies – and in the absence of any oversight, these companies can now block and discriminate against their customers’ communications at will.

   The compromised Open Internet Order struck down today left much to be desired, but it was a step toward maintaining Internet users’ freedom to go where they wanted, when they wanted, and communicate freely online. Now, just as Verizon promised it would in court, the biggest broadband providers will race to turn the open and vibrant Web into something that looks like cable TV. They’ll establish fast lanes for the few giant companies that can afford to pay exorbitant tolls and reserve the slow lanes for everyone else.

   The FCC – under the leadership of former Chairman Julius Genachowski – made a grave mistake when it failed to ground its open Internet rules on solid legal footing. Internet users will pay dearly for the previous chairman’s lack of political will. That’s why we need to fix the problems the agency could have avoided in the first place.

   New FCC Chairman Tom Wheeler recently stated that the FCC must have the ability to protect broadband users and preserve the Internet’s fundamental open architecture. In order to do that, he must act quickly to restore reassert the FCC’s clear authority over our nation’s communications infrastructure. The agency must follow its statutory mandate to make broadband communications networks open, accessible, reliable and affordable for everyone.

   We look forward to working with Chairman Wheeler and the rest of the Commission to protect and preserve real Net Neutrality.

Take Action: Sign the Petition from Netroots Action

A federal appeals court just sided with Verizon and against you, against us, against the Internet.

If this ruling stands, the Internet as we know it will die.

Forget free and open access. Picture a system like cable TV with corporations charging for different levels of access, and blocking access to information they don’t favor!

The Internet is our tool for circumventing the corporate media, for reaching each other with a bit of truth and accuracy, for organizing each other into collective action. We cannot let this one go.

Sign this petition to the FCC, Congress, and the White House now!

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