January 17, 2014 archive

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Fall Out

At the dawn of our Republic, a small, secret surveillance committee borne out of the “The Sons of Liberty” was established in Boston. The group’s members included Paul Revere, and at night they would patrol the streets, reporting back any signs that the British were preparing raids against America’s early Patriots.

First Impressions, Obama’s Speech

By: emptywheel

Friday January 17, 2014 12:16 pm

Obama used the example of Paul Revere as an example of the importance of intelligence over the life of “our country.” Of course, Paul Revere is actually a better example that, if the Brits had done metadata analysis akin to what he preserved today, we would still be eating Kidney pies under British rule.

Obama made no mention, at all, of NSA’s weakening encryption and hoarding zero days. None.

With the sole exception of consulting with Congress on how to resolve the Section 215 dragnet (something that will happen during next year’s PATRIOT Act Reauthorization if not before) these changes are all Executive Branch self-limitations. Even the role of a FISC advocate fell by the wayside. In other words, while Obama did call for some useful changes (limiting the gag order on NSLs, adding limits on the way back door searches can be used for criminal investigations), they’re all self-limitations that can’t be enforced or overseen.

At one point, Obama justified our dragnet by saying we have special responsibilities as the only Superpower. Now, China is getting big enough they might object to that whole claim. More importantly, it demonstrates the degree to which a presumption of exceptionalism underlies our entire approach to spying.

ps. Should you not get the admittedly obscure reference, Fall Out is the title of the last episode of The Prisoner.

Cartnoon

On This Day In History January 17

Cross posted from The Stars Hollow Gazette

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.

January 17 is the 17th day of the year in the Gregorian calendar. There are 348 days remaining until the end of the year (349 in leap years).

On this day in 1961, President Dwight D. Eisenhower delivers his farewell address to the nation warning the American people to keep a careful eye on what he calls the “military-industrial complex” that has developed in the post-World War II years.

A fiscal conservative, Eisenhower had been concerned about the growing size and cost of the American defense establishment since he became president in 1953. In his last presidential address to the American people, he expressed those concerns in terms that frankly shocked some of his listeners.

Eisenhower began by describing the changing nature of the American defense establishment since World War II. No longer could the U.S. afford the “emergency improvisation” that characterized its preparations for war against Germany and Japan. Instead, the United States was “compelled to create a permanent armaments industry” and a huge military force. He admitted that the Cold War made clear the “imperative need for this development,” but he was gravely concerned about “the acquisition of unwarranted influence…by the military-industrial complex.” In particular, he asked the American people to guard against the “danger that public policy could itself become the captive of a scientific-technological elite.”

Military-industrial complex (MIC) is a concept commonly used to refer to policy relationships between governments, national armed forces, and the industrial sector that supports them. These relationships include political approval for research, development, production, use, and support for military training, weapons, equipment, and facilities within the national defense and security policy. It is a type of iron triangle.

The term is most often played in reference to the military of the United States, where it gained popularity after its use in the farewell address speech of President Dwight D. Eisenhower, though the term is applicable to any country with a similarly developed infrastructure.

It is sometimes used more broadly to include the entire network of contracts and flows of money and resources among individuals as well as institutions of the defense contractors, The Pentagon, and the Congress and executive branch. This sector is intrinsically prone to principal-agent problem, moral hazard, and rent seeking. Cases of political corruption have also surfaced with regularity.

A similar thesis was originally expressed by Daniel Guerin, in his 1936 book Fascism and Big Business, about the fascist government support to heavy industry. It can be defined as, “an informal and changing coalition of groups with vested psychological, moral, and material interests in the continuous development and maintenance of high levels of weaponry, in preservation of colonial markets and in military-strategic conceptions of internal affairs”.

Muse in the Morning

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Webbing

Late Night Karaoke

NSA Excuses Get Moronic

Cross posted from The Stars Hollow Gazette

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

Cross posted from The Stars Hollow Gazette

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

 

Today on The Stars Hollow Gazette

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Our regular featured content-

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Follow us on Twitter @StarsHollowGzt

Write more and often.  This is an Open Thread.

The Stars Hollow Gazette