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Paul Merrell

Who owns space? US asteroid-mining act is dangerous and potentially illegal - 0 views

  • Nope, a flag is not enough to make the moon a colony.
  • An event of cosmic proportions occurred on November 18 when the US congress passed the Space Act of 2015 into law. The legislation will give US space firms the rights to own and sell natural resources they mine from bodies in space, including asteroids. Although the act, passed with bipartisan support, still requires President Obama’s signature, it is already the most significant salvo that has been fired in the ideological battle over ownership of the cosmos. It goes against a number of treaties and international customary law which already apply to the entire universe. The new law is nothing but a classic rendition of the “he who dares wins” philosophy of the Wild West. The act will also allow the private sector to make space innovations without regulatory oversight during an eight-year period and protect spaceflight participants from financial ruin. Surely, this will see private firms begin to incorporate the mining of asteroids into their investment plans.
  • Supporters argue that the US Space Act is a bold statement that finally sets private spaceflight free from the heavy regulation of the US government. The misdiagnosis begins here. Space exploration is a universal activity and therefore requires international regulation. The act represents a full-frontal attack on settled principles of space law which are based on two basic principles: the right of states to scientific exploration of outer space and its celestial bodies and the prevention of unilateral and unbriddled commercial exploitation of outer-space resources. These principles are found in agreements including the Outer Space Treaty of 1967 and the Moon Agreement of 1979. The US House Committee on Science, Space and Technology denies there is anything in the act which violates the US’s international obligations. According to this body, the right to extract and use resources from celestial bodies “is affirmed by State practice and by the US State Department in Congressional testimony and written correspondence”. Crucially, there is no specific reference to international law in this statement. Simply relying on US legislation and policy statements to justify the plans is obviously insufficient.
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  • Gbenga Oduntan is the author of Sovereignty and Jurisdiction in Airspace and Outer Space: Legal Criteria for Spatial Delimitation. London: Routledge-Cavendish 2012. https://www.routledge.com/products/9780415562126
  • Ever since NASA discovered signs of liquid water on Mars, concerns have been raised about the risk of contaminating the red planet.
  • So what’s at stake? We can assume that the list of states that have access to outer space – currently a dozen or so – will grow. These states may also shortly respond with mining programmes of their own. That means that the pristine conditions of the cradle of nature from which our own Earth was born may become irrevocably altered forever – making it harder to trace how we came into being. Similarly, if we started contaminating celestial bodies with microbes from Earth, it could ruin our chances of ever finding alien life there. Mining minerals in space could also damage the environment around the Earth and eventually lead to conflict over resources. Indeed what right has the second highest polluter of the Earth’s environment got to proceed with some of the same corporations in a bid to plunder outer space? While we’re not there yet, developments towards actual space mining may begin to occur within a decade.
  • Ultimately, the US plans must be understood in the light of existing rules of space law. Money is not a dirty word in space – the total value of the satellite telecommunications industry in 2013 was more than $195bn. Free market principles also apply to the operations of the International Space Station. So, let’s get down to the nitty-gritty.
  • Currently corporations can exploit outer space in a number of ways, including for space tourism and scientific training. Companies may also be allowed to extract certain resources, but the very first provision of the Outer Space Treaty (1967), to which the US is a signatory, is that such exploration and use shall be carried out for the benefit and in the interests of all countries. This therefore prevents the sale of space-based minerals for profit. The treaty also states that outer space shall be the “province of all mankind … and that states shall avoid harmful contamination of space". Meanwhile, the Moon Agreement (1979) has in effect forbidden states to conduct commercial mining on planets and asteroids until there is an international regime for such exploitation. While the US has refused to sign up to this, it is binding as customary international law. The idea that American companies can on the basis of domestic laws alone systematically exploit mineral resources in space, despite huge environmental risks, really amounts to the audacity of greed. The Romans had this all correctly figured out in their legal maxim: “What concerns all must be decided upon by all.”
Paul Merrell

M of A - Russia "Violated" Turkish Airspace Because Turkey "Moved" Its Border - 0 views

  • Russian planes in Syria "violated Turkish air space" the news agency currently tell us. But an earlier report shows that this claim may well be wrong and that the U.S. pushes Turkey to release such propaganda. Reuters (Mon Oct 5, 2015 7:54am BST): Turkey says Russian warplane violated its airspace A Russian warplane violated Turkish airspace near the Syrian border on Saturday, prompting the Air Force to scramble two F-16 jets to intercept it, the Foreign Ministry said on Monday. The Foreign Ministry summoned Moscow's ambassador to protest the violation, according to an e-mailed statement. Turkey urged Russia to avoid repeating such a violation, or it would be held "responsible for any undesired incident that may occur." AFP (10:20am · 5 Oct 2015): Turkey 'intercepts' Russian jet violating its air space Turkey said on Monday its F-16 jets had at the weekend intercepted a Russian fighter plane which violated Turkish air space near the Syrian border, forcing the aircraft to turn back. ... Turkey said on Monday its F-16 jets had at the weekend intercepted a Russian fighter plane which violated Turkish air space near the Syrian border, forcing the aircraft to turn back.
  • Here now what McClatchy reported on these air space violations in a longer piece several hours before Reuters and AFP reported the Turkish claim: ISTANBUL - A Russian warplane on a bombing run in Syria flew within five miles of the Turkish border and may have crossed into Turkey’s air space, Turkish and U.S. officials said Sunday. ... A Turkish security official said Turkish radar locked onto the Russian aircraft as it was bombing early Friday in al Yamdiyyah, a Syrian village directly on the Turkish border. He said Turkish fighter jets would have attacked had it crossed into Turkish airspace. But a U.S. military official suggested the incident had come close to sparking an armed confrontation. Reading from a report, he said the Russian aircraft had violated Turkish air space by five miles and that Turkish jets had scrambled, but that the Russian aircraft had returned to Syrian airspace before they could respond. The Turkish security official said he could not confirm that account.
  • So it is the U.S., not Turkey, which was first pushing the claims of air space violation and of scrambling fighters. The Turkish source would not confirm that. But how could it be a real air space violation when Russian planes "flew within five miles of the Turkish border and may have crossed into Turkey’s air space". The Russian planes were flying in Syrian airspace. They "may have crossed" is like saying that the earth "may be flat". Well maybe it is, right? Fact is the Russians fly ery near to the border and bomb position of some anti-Syrian fighters Turkey supports. They have good reasons to do so: The town, in a mountainous region of northern Latakia province, has been a prime route for smuggling people and goods between Turkey and Syria and reportedly has functioned as a key entry for weapons shipped to Syrian rebels by the U.S.-led Friends of Syria group of Western and Middle Eastern countries.
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  • One Russian plane may even indeed have slightly crossed the border while maneuvering. But the real reason why the U.S. military official and Turkey claim the above "violations" is because Turkey unilaterally "moved" the Turkish-Syrian border five miles south: Turkey has maintained a buffer zone five miles inside Syria since June 2012, when a Syrian air defense missile shot down a Turkish fighter plane that had strayed into Syrian airspace. Under revised rules of engagement put in effect then, the Turkish air force would evaluate any target coming within five miles of the Turkish border as an enemy and act accordingly. If Syrian rules of engagement would "move" its northern border up to the Black Sea would any plane in eastern Turkey be in violation of Syrian air space? No one would accept such nonsense and that is why no one should accept the U.S.-Turkish bullshit here. Russian planes should not respect the "new" Turkish defined border but only the legitimate one.
  • It would also be no good reason to start a NATO-Russia war just because such a plane might at times slightly intrude on the Turkish side due to an emergency or other accidental circumstances. Do we have to mention that the U.S., France, Britain and Jordan regularly violate Syrian airspace for their pretended ISIS bombing? That Turkey is bombing the PKK in north Iraq without the permission of the Iraqi government? What about Israels regular air space violations over Lebanon? But what is this all really about? Germany, the Netherlands and the U.S. stationed some Patriot air defense systems in Turkey to defend Turkey and its Islamist storm troops in north-Syria. These systems were announced to leave or have already left. Are these claims about air-space violation now an attempt to get these systems back into Turkey? For what real purpose?
Paul Merrell

Civil Rights Coalition files FCC Complaint Against Baltimore Police Department for Ille... - 0 views

  • This week the Center for Media Justice, ColorOfChange.org, and New America’s Open Technology Institute filed a complaint with the Federal Communications Commission alleging the Baltimore police are violating the federal Communications Act by using cell site simulators, also known as Stingrays, that disrupt cellphone calls and interfere with the cellular network—and are doing so in a way that has a disproportionate impact on communities of color. Stingrays operate by mimicking a cell tower and directing all cellphones in a given area to route communications through the Stingray instead of the nearby tower. They are especially pernicious surveillance tools because they collect information on every single phone in a given area—not just the suspect’s phone—this means they allow the police to conduct indiscriminate, dragnet searches. They are also able to locate people inside traditionally-protected private spaces like homes, doctors’ offices, or places of worship. Stingrays can also be configured to capture the content of communications. Because Stingrays operate on the same spectrum as cellular networks but are not actually transmitting communications the way a cell tower would, they interfere with cell phone communications within as much as a 500 meter radius of the device (Baltimore’s devices may be limited to 200 meters). This means that any important phone call placed or text message sent within that radius may not get through. As the complaint notes, “[d]epending on the nature of an emergency, it may be urgently necessary for a caller to reach, for example, a parent or child, doctor, psychiatrist, school, hospital, poison control center, or suicide prevention hotline.” But these and even 911 calls could be blocked.
  • The Baltimore Police Department could be among the most prolific users of cell site simulator technology in the country. A Baltimore detective testified last year that the BPD used Stingrays 4,300 times between 2007 and 2015. Like other law enforcement agencies, Baltimore has used its devices for major and minor crimes—everything from trying to locate a man who had kidnapped two small children to trying to find another man who took his wife’s cellphone during an argument (and later returned it). According to logs obtained by USA Today, the Baltimore PD also used its Stingrays to locate witnesses, to investigate unarmed robberies, and for mysterious “other” purposes. And like other law enforcement agencies, the Baltimore PD has regularly withheld information about Stingrays from defense attorneys, judges, and the public. Moreover, according to the FCC complaint, the Baltimore PD’s use of Stingrays disproportionately impacts African American communities. Coming on the heels of a scathing Department of Justice report finding “BPD engages in a pattern or practice of conduct that violates the Constitution or federal law,” this may not be surprising, but it still should be shocking. The DOJ’s investigation found that BPD not only regularly makes unconstitutional stops and arrests and uses excessive force within African-American communities but also retaliates against people for constitutionally protected expression, and uses enforcement strategies that produce “severe and unjustified disparities in the rates of stops, searches and arrests of African Americans.”
  • Adding Stingrays to this mix means that these same communities are subject to more surveillance that chills speech and are less able to make 911 and other emergency calls than communities where the police aren’t regularly using Stingrays. A map included in the FCC complaint shows exactly how this is impacting Baltimore’s African-American communities. It plots hundreds of addresses where USA Today discovered BPD was using Stingrays over a map of Baltimore’s black population based on 2010 Census data included in the DOJ’s recent report:
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  • The Communications Act gives the FCC the authority to regulate radio, television, wire, satellite, and cable communications in all 50 states, the District of Columbia and U.S. territories. This includes being responsible for protecting cellphone networks from disruption and ensuring that emergency calls can be completed under any circumstances. And it requires the FCC to ensure that access to networks is available “to all people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex.” Considering that the spectrum law enforcement is utilizing without permission is public property leased to private companies for the purpose of providing them next generation wireless communications, it goes without saying that the FCC has a duty to act.
  • But we should not assume that the Baltimore Police Department is an outlier—EFF has found that law enforcement has been secretly using stingrays for years and across the country. No community should have to speculate as to whether such a powerful surveillance technology is being used on its residents. Thus, we also ask the FCC to engage in a rule-making proceeding that addresses not only the problem of harmful interference but also the duty of every police department to use Stingrays in a constitutional way, and to publicly disclose—not hide—the facts around acquisition and use of this powerful wireless surveillance technology.  Anyone can support the complaint by tweeting at FCC Commissioners or by signing the petitions hosted by Color of Change or MAG-Net.
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    An important test case on the constitutionality of stingray mobile device surveillance.
Paul Merrell

Paris: Made in Libya, not Syria? | Asia Times - 0 views

  • Using the criterion cui bono (who benefits?) to the Paris outrage, one notes an apparent shortage of “bono” to ISIL, unless the thinking of the leadership runs to: “It would be an excellent idea to focus the fury of the West upon us here in Iraq instead of laying low and letting the West go along with the GCC/Turkish plan of quagmiring Russia in Syria.” Doesn’t make too much sense.  Which is why, in my opinion, is why you see a lot of metaphysical hand waving that the real motive for the attacks was to erase the Muslim “grey zone,” provoke a fatal over-reaction from the West, contribute to the agonies of the Syrian refugees in Europe, rend the time-space continuum and thereby bring the Crusaders to their knees, etc.
  • Media and analyst coverage appears determined to overlay a profitable traffic-building and mission-enhancing narrative of “Western civilization under attack by ISIL,” and ignore the factors that point to the attack as a murderous local initiative, not by ISIL or the mythical immigrant threat, but by alienated Muslim citizens of the EU.  The rhetoric of righteous, united fury against a monstrosity committed by the external “other,” perhaps, is easier to digest than the awkward theme of national minorities committing extreme acts of violence against societies they believe oppress and marginalize them. So we get lots about the horrors of ISIL and relatively little about the, to me, rather eye-opening statistic that while 8% of the population of France is Muslim, it is estimated that 70% of the prison population is.  I suppose it would be churlish to explore the issue of blowback from French penal and social policies at this juncture.  But there is some interesting data that places the alleged and now apparently deceased mastermind, Abdelhamid Abaaoud, in context concerning the degree of his allegiance to ISIL.
  • Katibat al-Battar al-Libi, in other words, was formed as a rather bloody piece of outreach by Libyan Islamists to share Libya experience in insurrection and revolution with Syria.  After IS arose and became a dominant military and financial force, the “KBL” threw in their lot with ISIS, and members of the brigade subsequently returned to Libya to establish an IS beachhead. A July 2015 study by Small Arms Survey confirms the autonomous character of Katibat al-Battar al-Libi. While the uncertain relationship between JAN and IS was being clarified, Libyans stayed ‘outside’ the fray, remaining in their own units and not integrating into other IS hierarchies or command structures. In Latakia for instance, Libyans kept their own separate battalion (The Daily Star, 2013). As the split between JAN and IS deepened, Libyans chose IS but remained apart, forming the Katibat al-Battar al-Libiya (KBL) (The Libyan al-Battar Brigade), under the auspices of IS. Since its formation, the KBL has been active in eastern Syria, notably in Al Hasakah and Deir az-Zor. The battalion maintained links with Ansar al-Sharia in Libya, an early and prominent supporter of IS. Ansar al-Sharia proved to be an excellent recruiting tool and played a role in the arrival of many Libyans in Syria prior to 2014. And who is Ansar al-Sharia in Libya?  Via The Telegraph:
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  • Abaaoud, a citizen of Belgium of Moroccan descent, was well known as a violent radical miscreant linked to an Islamic cell in Verviers, Belgium, that did all sorts of mean, murderous crap.  As far as Belgian and French authorities were concerned, he had been an item long before Paris.
  • Washington believes the group is responsible for the 2012 attack on the US consulate in Benghazi that killed the ambassador and three other Americans.  In November, the United Nations blacklisted Ansar al-Sharia Benghazi and its sister group, Ansar al-Sharia Derna, over links to Al-Qaeda and for running camps for the Islamist State group.  So there you have your soundbite.  The Paris outrage: Made in Libya.  Not Syria.  And brought to us by the people who killed Christopher Stevens in Benghazi. I am sure that Hillary Clinton is grateful to the French police for botching the raid to capture Abaaoud and pumping 5000 rounds into his apartment instead of capturing him; otherwise, he might have become a lively topic of interest and curiosity and the right wing could have cooked off the Benghazi! munitions through election day.  For that matter, it seems unlikely that the governments of the West, or the media cheerleaders thirsting for a rousing good vs. evil narrative, are very interested in exploring the morally fraught issue of blow back from the spectacular Libyan disaster, either. To sum up: the alleged and now reportedly deceased architect of the Paris attacks, Abdelhamid Abaaoud, did not fight “for IS.”  He fought “with” Katibat al-Battar al-Libi, a Libyan outfit whose presence in Syria predates that of ISIS.  Even after Katibat al-Battar al-Libi decided to pledge allegiance to ISIS, it retained its independent identity.  And it would appear unlikely that Abaaoud, as a European of Moroccan descent, would be a central figure in the brigade, whose personnel, funding, and mission seem to have largely emanated from Libya.
  • Despite his seemingly junior status in an autonomous militia, it is possible that Abaaoud was recruited by al-Baghdadi to commit the Paris outrage.  But foreign fighters flock to Syria not only to accumulate general jihadi merit, but also to acquire skills they could apply in their own struggles.  And Abaaoud may have gone to the Syrian war zone to hook up with an extremely capable Libyan outfit and acquire the experience and connections to fulfill his own ambitions for mayhem in Europe, and not necessarily to support the global or even local objectives of the IS caliphate.  So it is by no means axiomatic that Abaaoud returned to Europe with the mission to execute a high-level ISIS strategy. Instead, Abaaoud might have been an angry guy with the skills, resources, and inclination to commit mass murder on his own kick.  The police were already after him big time after the Verviers raid in January (we are now told that Abaaoud was “on” or a “candidate for” a spot on the drone assassination assignment list, but I wonder if this is post-hoc ass-covering).  So maybe he and his friends decided to pull the pin, and go out in a big way. I doubt we’ll ever get the full story.  But “Paris: Made in Libya” is an honest hook.
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    So the "mastermind" of the Paris attacks was a product of the U.S. war on Libya, not of ISIL. Why am I not surprised? 
Paul Merrell

Victory! World's Largest Nation Bans GMO Food Crops | New Eastern Outlook - 0 views

  • Victories are to be celebrated and for the future of healthy life on our planet we all can celebrate a beautiful victory. The world’s largest nation, the Russian Federation, whose landmass spans Eurasia from the Baltic and Ukraine on the west to Vladivostock and the Pacific on her east, has formally declared all commercial planting of Genetically Modified Organisms, GMOs, to be prohibited. The issue has been subject of a heated debate for some months inside Russia. In February 2014, just days prior to the US-orchestrated coup d’etat in Ukraine, Russian Prime Minister Dmitry Medvedev created a national research project to obtain scientific information so the Government and Duma might make a decision on GMOs in Russia. Now a definitive decision has been made, and it goes against Monsanto and the US-led GMO cartel. We can say Russia’s crisis has concentrated minds on the essentials of life.
  • Russian Deputy Prime Minister Arkady Dorkovich told an international biotechnology conference in Kirov September 18, “As far as genetically-modified organisms are concerned, we have made the decision not to use any GMO in food productions.” Last year the Duma or parliament voted to make tough GMO labeling laws as a first step to the new ban in order to inform consumers of presence of GMO in various foods they buy. That was before US and EU sanctions led to Russian counter-sanctions against EU imports of agriculture products. In August 2014, the Russian government announced its bans on import from the EU and several other countries of meat, fish, dairy products, fruit and vegetables as a response to the sanctions. It produced surprising results. Since the imposition of tough Russian food import bans, Russian agriculture has undergone a spectacular rebirth.
  • Food production in Russia’s under-populated far-east region is also set to boom. On September 3 in Vladivostok at the first Eastern Economic Forum, Russia’s Agriculture Ministry announced the creation of a new $10 billion agriculture development fund together with China. A number of financial institutions, including Russia’s state-owned Sberbank, will participate in its operations. The aim of the fund is to stimulate the production of 10 million tons of grain and agricultural products annually, beginning 2020.
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  • This July, taking a page out of American history, the Russian government announced it was drafting a Russian “Homestead Act.” The Russian government is finalizing a bill which will give an opportunity to every Russian citizen to obtain one hectare of land, or a maximum of five hectares for a family of five, in the Russian Far East for free. They can use the land to farm, to do forestry or simply build a home and live, so long as they use the land for the first five years. After, they own the land free if the plot has been used for activities not banned by Russian laws, reported TASS. In the case of non-use the land will be confiscated and revert back to the government. Foreigners will have no right to get the free land. The new land law, if passed in the Duma, will take effect in January, 2016.
  • A recent poll suggests there is significant interest in the offer, with some 30 million mostly young Russians ready to “go east.” Following the economic devastation of Russia during the Yeltsin era of the 1990s, eastern regions suffered economic collapse and significant depopulation as people migrated to cities to survive. Into this broader context of recent developments, the definitive government ban on growing GMO crops in the Russian Federation adds a major new attraction. Russia stands to become one of the world’s most desired producers of natural, organic non-GMO-contaminated food for the world. Today, the once-great American agriculture has been de-humanized, industrialized, by giant agribusiness concerns, and contaminated by Monsanto and GMO plants along with its deadly herbicides containing toxic glyphosate. More than 80% of all US corn is GMO and almost 100% of USA soybeans. This is no small matter. Exports of GMO soybeans and corn are allowed unlabeled, by loopholes, into the European Union as well as into China. That means that most of the meat and even farmed fish that European and Chinese consumers eat contains indirect GMO crops and toxins. In light of all this it might make sense to treat Russia a little more politely in the future if we want to eat healthy food. They are doing what we should be doing, but don’t. Why?
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    5 hectares == 12.35 acres. Times 30 million Russians == 370.5 million acres less space for a home and a driveway. That's a lot of new agricultural production.  Bear in mind that Russia imported most of its food from Europe before the Ukraine sanctions. This article is about the evaporation of foreign trade that Europe will never get back.And it's about new Russian agricultural exports to China. Perhaps even about eventual exports to the U.S. for those who want a "GMO-free" label on their food. This is very bad news for Monsanto and other biotech companies in the U.S, especially a few years down the road when other countries begin importing Russian GMO-free food.  
Paul Merrell

Canadians have united to reject fear and stop Bill C-51. Will the government listen? | ... - 0 views

  • It's rare in Canadian politics to see intense public interest in government legislative proposals -- let alone to see Canadians take to the streets in the tens of thousands to protest a piece of legislation by name. Yet that's exactly what has happened in the case of Bill C-51, which critics, including The Globe and Mail's editorial team, say will undermine basic democratic values and lead to the creation of a "secret police force" in Canada. In the space of a few short months since Bill C-51 was announced, hundreds of thousands of people have taken action to stop it: signing petitions, writing letters to local newspapers, phoning and writing to their member of Parliament, and hitting the streets in nationwide demonstrations in over 70 communities across Canada. It's not hard to see why so many people are concerned. Canada's top privacy and security experts warn that this legislation will undermine democratic rights Canadians have enjoyed for generations. For example, according to professors Craig Forcese and Kent Roach, who have conducted a detailed legal analysis of the legislation, Bill C-51 will:
  • Undermine Canadians' privacy by allowing widespread information disclosures among government agencies, and by giving the Canadian Security and Intelligence Service (CSIS) access to personal information held by up to 17 government departments. Even Stephen Harper has admitted that these kinds of dragnet surveillance measures are ineffective. Chill free speech online by criminalizing what is loosely defined as the promotion of "terrorism offences in general" and even showing "reckless disregard" for whether a particular post may encourage a violent act. As Forcese and Roach point out in their testimony to the Senate Standing Committee on National Security and Defence, "The new speech crime in our view violates freedom of expression because it reaches well beyond the sort of speech that threatens actual violence." Dramatically expand the powers of CSIS, without any commensurate increase in oversight or review measures. The legislation even allows CSIS to obtain a warrant permitting them to break the law and contravene the Charter rights of Canadians. Under C-51, such warrants would be granted in a secret hearing, with no representation from the target of such measures, and with no right of appeal.
  • So it's no surprise that Canadians are worried. What is unprecedented however, is the sheer number of Canadians taking part in the campaign to stop the bill. My organization, OpenMedia, has been campaigning on privacy issues for years -- but in all our time, we've never seen a public outpouring quite like this. Our joint efforts are clearly having an impact: public opinion has swung dramatically against Bill C-51 since it was announced. Support has plummeted, with a recent Forum Research poll finding that 56 per cent of Canadians now oppose Bill C-51, with just 33 per cent in favour. The business community, civic society groups, and principled conservatives have all spoken out. Sadly, there's no sign that the government is listening. At the time of writing, the government seems determined to use its majority to ram the legislation through the Commons in the coming weeks. What's even more worrying is that this reckless, dangerous, and ineffective legislation will further undermine Canadians' privacy rights -- rights that have already been seriously damaged by the government's Bill C-13, passed late last year, and by the government's failure to address the mass surveillance activities of its Canadian Security Establishment (CSE) intelligence agency.
Paul Merrell

The Rockefeller Family Fund vs. Exxon | by David Kaiser | The New York Review... - 0 views

  • Earlier this year our organization, the Rockefeller Family Fund (RFF), announced that it would divest its holdings in fossil fuel companies. We mean to do this gradually, but in a public statement we singled out ExxonMobil for immediate divestment because of its “morally reprehensible conduct.”1 For over a quarter-century the company tried to deceive policymakers and the public about the realities of climate change, protecting its profits at the cost of immense damage to life on this planet.Our criticism carries a certain historical irony. John D. Rockefeller founded Standard Oil, and ExxonMobil is Standard Oil’s largest direct descendant. In a sense we were turning against the company where most of the Rockefeller family’s wealth was created. (Other members of the Rockefeller family have been trying to get ExxonMobil to change its behavior for over a decade.) Approached by some reporters for comment, an ExxonMobil spokesman replied, “It’s not surprising that they’re divesting from the company since they’re already funding a conspiracy against us.”2What we had funded was an investigative journalism project. With help from other public charities and foundations, including the Rockefeller Brothers Fund (RBF), we paid for a team of independent reporters from Columbia University’s Graduate School of Journalism to try to determine what Exxon and other US oil companies had really known about climate science, and when. Such an investigation seemed promising because Exxon, in particular, has been a leader of the movement to deny the facts of climate change.3 Often working indirectly through front groups, it sponsored many of the scientists and think tanks that have sought to obfuscate the scientific consensus about the changing climate, and it participated in those efforts through its paid advertisements and the statements of its executives.
  • t seemed to us, however, that for business reasons, a company as sophisticated and successful as Exxon would have needed to know the difference between its own propaganda and scientific reality. If it turned out that Exxon and other oil companies had recognized the validity of climate science even while they were funding the climate denial movement, that would, we thought, help the public understand how artificially manufactured and disingenuous the “debate” over climate change has always been. In turn, we hoped this understanding would build support for strong policies addressing the crisis of global warming.Indeed, the Columbia reporters learned that Exxon had understood and accepted the validity of climate science long before embarking on its denial campaign, and in the fall of 2015 they published their discoveries in The Los Angeles Times.4 Around the same time, another team of reporters from the website InsideClimate News began publishing the results of similar research.5 (The RFF has made grants to InsideClimate News, and the RBF has been one of its most significant funders, but we didn’t know they were engaged in this project.) The reporting by these two different groups was complementary, each confirming and adding to the other’s findings.
  • Following publication of these articles, New York Attorney General Eric Schneiderman began investigating whether ExxonMobil had committed fraud by failing to disclose many of the business risks of climate change to its shareholders despite evidence that it understood those risks internally. Massachusetts Attorney General Maura Healey soon followed Schneiderman with her own investigation, as did the AGs of California and the Virgin Islands, and thirteen more state AGs announced that they were considering investigations.Bernie Sanders and Hillary Clinton each called for a federal investigation of ExxonMobil by the Department of Justice. Secretary of State John Kerry compared Exxon’s deceptions to the tobacco industry’s long denial of the danger of smoking, predicting that, if the allegations were true, Exxon might eventually have to pay billions of dollars in damages “in what I would imagine would be one of the largest class-action lawsuits in history.”6 Most recently, in August, the Securities and Exchange Commission began investigating the way ExxonMobil values its assets, given the world’s growing commitment to reducing carbon emissions. An article in The Wall Street Journal observed that this “could have far-reaching consequences for the oil and gas industry.”7
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  • We didn’t expect ExxonMobil to admit that it had been at fault. It is one of the largest companies in the world—indeed, if its revenues are compared to the gross domestic products of nations, it has one of the world’s larger economies, bigger than Austria’s, for example, or Thailand’s8—and it has a reputation for unusual determination in promoting its self-interest.9 One way or another, we expected it to fight back—most likely, we thought, by proxy, through its surrogates in the right-wing press and in Congress.Sure enough, various bloggers have been calling for “the Rockefellers”10 to be prosecuted by the government for “conspiracy” against Exxon under the Racketeer Influenced and Corrupt Organizations (RICO) Act.11 (Such lines of attack are being tested and refined, and we expect they will soon be repeated in journals with broader readership.) And in May, Texas Republican Lamar Smith, the chair of the House Committee on Science, Space, and Technology, sent a letter to the RFF and seven other NGOs (including the RBF, 350.org, Greenpeace, and the Union of Concerned Scientists),12 as well as all seventeen AGs who said they might investigate ExxonMobil. He accused us of engaging in “a coordinated effort to deprive companies, nonprofit organizations, and scientists of their First Amendment rights and ability to fund and conduct scientific research free from intimidation and threats of prosecution,” and demanded that we turn over to him all private correspondence between any of the recipients of his letter relating to any potential climate change investigation. When we all refused, twice, to surrender any such correspondence, Smith subpoenaed Schneiderman, Healey, and all eight NGOs for the same documents.We will answer Smith’s accusations against us presently. In order to explain ourselves, however, we first have to explain what Exxon knew about climate change, and when—and what, despite that knowledge, Exxon did: the morally reprehensible conduct that prompted our actions in the first place.
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    A must-read. Very nice fully referenced rendition on what Exxon-Mobil knew when about climate change and the efforts they made to mislead the public.
Paul Merrell

Putin's Revenge? The Fight for the Border - 0 views

  • “We have received additional information confirming that the oil controlled by Islamic State militants (ISIS) enters Turkish territory on an industrial scale. We have every reason to believe that the decision to down our plane was guided by a desire to ensure the security of this oil’s delivery routes to ports where they are shipped in tankers.” –Russian President Vladimir Putin, Paris, 11-30-15
  • In candid remarks to the Russian media, Putin implicated the US in the downing of the Su-24 stating that the US military was briefed on the warplane’s flight path and then immediately passed along that information to Turkey. Here’s what he said: “We told our US partners in advance where, when at what altitudes our pilots were going to operate. The US-led coalition, which includes Turkey, was aware of the time and place where our planes would operate. And this is exactly where and when we were attacked. Why did we share this information with the Americans? Either they don’t control their allies, or they just pass this information left and right without realizing what the consequences of such actions might be. We will have to have a serious talk with our US partners.” Putin’s damning remarks have not appeared in any of the western media. The censorship of this information is similar to the blackout of comments Putin made just two weeks earlier at the G-20 summit where he announced that “40 countries” are financing ISIS including members of the G-20.
  • Here’s an except of Putin’s bombshell announcement: “I provided examples based on our data on the financing of different Islamic State units by private individuals. This money, as we have established, comes from 40 countries and, there are some of the G20 members among them,” Putin told the journalists. “I’ve shown our colleagues photos taken from space and from aircraft which clearly demonstrate the scale of the illegal trade in oil and petroleum products. The motorcade of refueling vehicles stretched for dozens of kilometers, so that from a height of 4,000 to 5,000 meters they stretch beyond the horizon,” Putin added, comparing the convoy to gas and oil pipeline systems.” (Putin: ISIS financed from 40 countries, including G20 members, RT)
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  • It’s clear that Russia’s bombardment of jihadi groups operating near the Turkish-Syrian border has Turkish President Recep Tayyip Erdogan worried. Erdogan has long hoped that the area would be turned into a Safe Zone where Sunni militants– committed to removing Assad from power– could receive weapons and other support from their sponsors while coming and going as they pleased. The Russian-led coalition’s attempt to retake the area and seal the border to stop the flow of terrorists from Turkey, is probably what precipitated the attack on the Russian warplane. It was a desperate attempt to wave-off the Russian offensive and reverse the course of the war which has turned decisively in Assad’s favor. As for the militant groups that are operating in this area, analyst Pepe Escobar sums it up like this in a recent post at Sputnik News: “The Su-24s were actually after Chechens and Uzbeks — plus a few Uyghurs — smuggled in with fake Turkish passports (Chinese intel is also on it), all of these operating in tandem with a nasty bunch of Turkish Islamo-fascists. Most of these goons transit back and forth between the CIA-weaponized Free Syrian Army (FSA) and Jabhat al-Nusra. These were the goons who machine-gunned the Russian pilots as they parachuted down after the hit on the Su-24…. Turkey, for all practical purposes, has been a handy, sprawling Salafi-jihadi Infrastructure and Logistics Center; it offers everything from porous borders enabling countless jihadi return tickets from Syria to Europe, facilitated by corrupt police, to a convenient crossroads for all kinds of smuggling and a hefty money laundering ops.” (Sultan Erdogan’s War on…Russia, Pepe Escobar, Sputnik)
  • Escobar sums up Ankara’s role in Syria as succinctly as anyone. Erdogan has been ISIS best friend, of that, there is little doubt. The problem that Turkey faces now is that the Russian-led coalition is rapidly destroying the infrastructure that provides funding for ISIS, (oil refineries, fields and transport) while gradually retaking territory that was formally-controlled by the many anti-regime or al Qaida-linked groups in the north, west and central parts of the country. In the last few days alone, Russia and Co. have concluded the encirclement of Syria’s biggest city, Aleppo, vaporized a convoy of over 500 oil trucks in the vicinity of Raqqa, and intensified their bombing in the Turkmen Mountains, the Kurdish Mountains, and the Prophet Jonah Mountains. The coalition has moved as far north as Azaz along the Turkish border and recaptured the strategic Aleppo-Raqqa highway which completely cuts off ISIS supply-route from the east in Raqqa. All of the recent progress comes in the wake of the retaking of the strategic Kuweris Airbase which was the tipping point in the 4 and a half year-long conflict. Now the Russian coalition has focused on closing the border, a move that will sever vital supply-lines to pro-Turkish militias operating in Syria and force the terrorists to either flee or surrender. Russian Foreign Minister Sergei Lavrov emphasized this point last week saying, “We are convinced that by blocking the border we will in many respects solve the tasks to eradicate terrorism on Syrian soil.”
  • Keep in mind, that Erdogan is not the only one with designs on the so-called “Afrin-Jarabulus corridor” east of the Euphrates. Powerful politicians in the US, including John McCain, Lindsay Graham, Jeb Bush, Hillary Clinton and others, have all alluded to this area as the most suitable location for a no-fly zone. And, despite the fact that Obama refuses to send US ground forces to fight in Syria, he has continued to fuel the conflict in other less conspicuous ways. Just last Wednesday, under the cover of the Thanksgiving holiday when the media was preoccupied with other matters, Obama signed the National Defense Authorization Act of 2016 which provides another $800 million in aid to armed extremists in Syria and Ukraine. The NDAA, which effectively prevents the closing down of US concentration camp at Guantanamo Bay (Gitmo), reflects Obama’s determination to continue Washington’s vicious policy in Syria which has resulted in the deaths of more than 250,000 and the displacement of 11 million more. This helps to explain why the Russian offensive has set alarms off in Washington; it’s because the US plan to establish a permanent staging ground for terrorists in N Syria is quickly going up in smoke.
  • Seen in this light, Obama’s recent request for Turkey to deploy “30,000 (troops) to seal the border on the Turkish side”, (See: Wall Street Journal) should be viewed with extreme skepticism. Clearly, Washington has not relented in its “Assad must go” policy at all, in fact, Obama reiterated that mantra less than a week ago. That means the Obama crew may be hoping that Turkish ground forces can succeed where his jihadi proxies failed, that is, that the 30,000 troops will be used to clear and hold a 60×20-mile stretch of Syrian territory that can be used as the proposed safe zone. All Turkey would need is a pretext to invade and a little bit of air cover from the USAF. It wouldn’t be the first time a false flag was used to start a war. The bottom line is this: Putin had better move quickly before Washington and Ankara get their ducks in a row and begin to mobilize. The time to seize the border is now.
Paul Merrell

IPS - U.N. Will Censure Illegal Spying, But Not U.S. | Inter Press Service - 0 views

  • When the 193-member General Assembly adopts a resolution next month censuring the illegal electronic surveillance of governments and world leaders by the U.S. National Security Agency (NSA), the U.N.’s highest policy-making body will spare the United States from public condemnation despite its culpability in widespread wiretapping. A draft resolution currently in limited circulation – a copy of which was obtained by IPS – criticises “the conduct of extra-territorial surveillance” and the “interception of communications in foreign jurisdictions”. But it refuses to single out the NSA or the United States, which stands accused of spying on foreign governments, including political leaders in Germany, France, Brazil, Spain and Mexico, among some 30 others.
  • The draft says that while the gathering and protection of certain sensitive information may be justified on grounds of national security and criminal activity, member states must still ensure full compliance with international human rights. The resolution will also emphasise “that illegal surveillance of private communications and the indiscriminate interception of personal data of citizens constitutes a highly intrusive act that violates the rights to freedom of expression and privacy, and threatens the foundations of a democratic society.” Additionally, it will call for the establishment of independent oversight mechanisms capable of ensuring transparency and accountability of state surveillance of communications. And the resolution will request the U.N. High Commissioner for Human Rights, Navi PIllay, to present an interim report on the issue of human rights and “indiscriminate surveillance, including on extra-territorial surveillance.” This report is to be presented to the 69th session of the General Assembly next September, and a final report to its 70th session in 2015.
  • Chakravarthi Raghavan, a veteran Indian journalist who has been reporting on the U.N. and its activities since the 1960s, both in New York and later in Geneva, told IPS the resolution may help start a process under which the national security interests of every state, international security and right to privacy and human rights of people can be discussed and a balance found in some universal forum. “Otherwise, the U.N. world order will break down, and no one will benefit or emerge unscathed,” he said. Much will depend on the follow-up action that the General Assembly resolution calls for, and with what tenacity members pursue it. “Frankly, I am not at all clear that some of the nations raising the issue now are really serious,” said Raghavan, editor-emeritus of the Geneva-based South-North Development Monitor SUNS. “If they were, any one of them in Europe would have granted asylum to Edward Snowden, and not play footsie with U.S. in its attempts to have him jailed in the U.S. on espionage charges.” The revelations of U.S. spying have come mostly from documents released by Snowden, a former NSA contractor, who sought political asylum in Russia after he was accused of espionage by the United States.
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  • One Third World diplomat, speaking on condition of anonymity, told IPS the draft could undergo changes by the time it reaches the General Assembly mid-November. But he held out little hope the final resolution will specifically castigate the United States because of the political clout it wields at the United Nations, and Washington’s notoriety for exerting diplomatic pressure on its allies and aid recipients. Besides which, he said, everybody plays the spying game, including the French, the Germans, the Chinese and the Russians — and therefore none of them can afford to take a “holier than thou” attitude. Still, as the New York Times put it last week, “One thing is clear: the NSA’s Cold War-era argument, that everyone does it, seems unlikely to win the day.”
  • There has been a longstanding tradition that the “Five Eyes” do not spy on each other, the five being the United States, Britain, Canada, Australia and New Zealand. But the surveillance of European political leaders has triggered a strong rejoinder from the 28-member European Union (EU). Raghavan told IPS that even if other countries are not publicly feuding with the U.S. over this — and perhaps their own security apparatuses are secretly collaborating in this global “surveillance state” — the NSA activities at a minimum raise several systemic issues involving basic violations. These include violations of the U.N. Charter; “unauthorised” and blatantly illegal invasions and/or intrusions into national space; World Trade Organisation (WTO) agreements, in particular the Trade-Related Intellectual Property Rights (TRIPS) Agreement and the General Agreement on Trade in Services (GATS); the International Telecommunication Union Treaty and Conventions; treaties and protocols of the World Intellectual Property Organisation (WIPO); the Universal Human Rights Declaration and conventions; and the Vienna diplomatic conventions and codes of behaviour among civilised nations. “All these strike at the roots of the very basics of international law and international public law,” he said.
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    So if Raghavan is correct, a new treaty will emerge from the debacle that limits but does not end foreign surveillance. And if so, I predict that it will have no enforcement provisions and absolutely no citizen remedies for rights violated. The farther we go down the NSA rabbit hole, the more convinced I am that it is a stark choice between having spy agencies equipped for digital surveillance and Internet Freedom.  Internet Freedom seems far better equipped to produce world peace through understanding than spy agencies who deliver their "intelligence" to only the favored few. 
Paul Merrell

GCHQ captured emails of journalists from top international media | UK news | The Guardian - 0 views

  • GCHQ’s bulk surveillance of electronic communications has scooped up emails to and from journalists working for some of the US and UK’s largest media organisations, analysis of documents released by whistleblower Edward Snowden reveals. Emails from the BBC, Reuters, the Guardian, the New York Times, Le Monde, the Sun, NBC and the Washington Post were saved by GCHQ and shared on the agency’s intranet as part of a test exercise by the signals intelligence agency. The disclosure comes as the British government faces intense pressure to protect the confidential communications of reporters, MPs and lawyers from snooping.
  • Senior editors and lawyers in the UK have called for the urgent introduction of a freedom of expression law amid growing concern over safeguards proposed by ministers to meet concerns over the police use of surveillance powers linked to the Regulation of Investigatory Powers Act 2000 (Ripa). More than 100 editors, including those from all the national newspapers, have signed a letter, coordinated by the Society of Editors and Press Gazette, to the UK prime minister, David Cameron, protesting at snooping on journalists’ communications. In the wake of terror attacks on the Charlie Hebdo offices and a Jewish grocer in Paris, Cameron has renewed calls for further bulk-surveillance powers, such as those which netted these journalistic communications.
  • One restricted document intended for those in army intelligence warned that “journalists and reporters representing all types of news media represent a potential threat to security”. It continued: “Of specific concern are ‘investigative journalists’ who specialise in defence-related exposés either for profit or what they deem to be of the public interest. “All classes of journalists and reporters may try either a formal approach or an informal approach, possibly with off-duty personnel, in their attempts to gain official information to which they are not entitled.” It goes on to caution “such approaches pose a real threat”, and tells staff they must be “immediately reported” to the chain-of-command.
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  • The journalists’ communications were among 70,000 emails harvested in the space of less than 10 minutes on one day in November 2008 by one of GCHQ’s numerous taps on the fibre-optic cables that make up the backbone of the internet. The communications, which were sometimes simple mass-PR emails sent to dozens of journalists but also included correspondence between reporters and editors discussing stories, were retained by GCHQ and were available to all cleared staff on the agency intranet. There is nothing to indicate whether or not the journalists were intentionally targeted. The mails appeared to have been captured and stored as the output of a then-new tool being used to strip irrelevant data out of the agency’s tapping process. New evidence from other UK intelligence documents revealed by Snowden also shows that a GCHQ information security assessment listed “investigative journalists” as a threat in a hierarchy alongside terrorists or hackers.
  • GCHQ’s bulk surveillance of electronic communications has scooped up emails to and from journalists working for some of the US and UK’s largest media organisations, analysis of documents released by whistleblower Edward Snowden reveals. Emails from the BBC, Reuters, the Guardian, the New York Times, Le Monde, the Sun, NBC and the Washington Post were saved by GCHQ and shared on the agency’s intranet as part of a test exercise by the signals intelligence agency. The disclosure comes as the British government faces intense pressure to protect the confidential communications of reporters, MPs and lawyers from snooping.
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