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Paul Merrell

The All Writs Act, Software Licenses, and Why Judges Should Ask More Questions | Just S... - 0 views

www.justsecurity.org/...ware-licenses-judges-questions

surveillance state iPhone EULA warrant encryption-bypass

shared by Paul Merrell on 02 Nov 15 - No Cached
  • Pending before federal magistrate judge James Orenstein is the government’s request for an order obligating Apple, Inc. to unlock an iPhone and thereby assist prosecutors in decrypting data the government has seized and is authorized to search pursuant to a warrant. In an order questioning the government’s purported legal basis for this request, the All Writs Act of 1789 (AWA), Judge Orenstein asked Apple for a brief informing the court whether the request would be technically feasible and/or burdensome. After Apple filed, the court asked it to file a brief discussing whether the government had legal grounds under the AWA to compel Apple’s assistance. Apple filed that brief and the government filed a reply brief last week in the lead-up to a hearing this morning.
  • We’ve long been concerned about whether end users own software under the law. Software owners have rights of adaptation and first sale enshrined in copyright law. But software publishers have claimed that end users are merely licensees, and our rights under copyright law can be waived by mass-market end user license agreements, or EULAs. Over the years, Granick has argued that users should retain their rights even if mass-market licenses purport to take them away. The government’s brief takes advantage of Apple’s EULA for iOS to argue that Apple, the software publisher, is responsible for iPhones around the world. Apple’s EULA states that when you buy an iPhone, you’re not buying the iOS software it runs, you’re just licensing it from Apple. The government argues that having designed a passcode feature into a copy of software which it owns and licenses rather than sells, Apple can be compelled under the All Writs Act to bypass the passcode on a defendant’s iPhone pursuant to a search warrant and thereby access the software owned by Apple. Apple’s supplemental brief argues that in defining its users’ contractual rights vis-à-vis Apple with regard to Apple’s intellectual property, Apple in no way waived its own due process rights vis-à-vis the government with regard to users’ devices. Apple’s brief compares this argument to forcing a car manufacturer to “provide law enforcement with access to the vehicle or to alter its functionality at the government’s request” merely because the car contains licensed software. 
  • This is an interesting twist on the decades-long EULA versus users’ rights fight. As far as we know, this is the first time that the government has piggybacked on EULAs to try to compel software companies to provide assistance to law enforcement. Under the government’s interpretation of the All Writs Act, anyone who makes software could be dragooned into assisting the government in investigating users of the software. If the court adopts this view, it would give investigators immense power. The quotidian aspects of our lives increasingly involve software (from our cars to our TVs to our health to our home appliances), and most of that software is arguably licensed, not bought. Conscripting software makers to collect information on us would afford the government access to the most intimate information about us, on the strength of some words in some license agreements that people never read. (And no wonder: The iPhone’s EULA came to over 300 pages when the government filed it as an exhibit to its brief.)
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  • The government’s brief does not acknowledge the sweeping implications of its arguments. It tries to portray its requested unlocking order as narrow and modest, because it “would not require Apple to make any changes to its software or hardware, … [or] to introduce any new ability to access data on its phones. It would simply require Apple to use its existing capability to bypass the passcode on a passcode-locked iOS 7 phone[.]” But that undersells the implications of the legal argument the government is making: that anything a company already can do, it could be compelled to do under the All Writs Act in order to assist law enforcement. Were that the law, the blow to users’ trust in their encrypted devices, services, and products would be little different than if Apple and other companies were legally required to design backdoors into their encryption mechanisms (an idea the government just can’t seem to drop, its assurances in this brief notwithstanding). Entities around the world won’t buy security software if its makers cannot be trusted not to hand over their users’ secrets to the US government. That’s what makes the encryption in iOS 8 and later versions, which Apple has told the court it “would not have the technical ability” to bypass, so powerful — and so despised by the government: Because no matter how broadly the All Writs Act extends, no court can compel Apple to do the impossible.
Gary Edwards

Obama gives himself control of all communication systems in America - RT - 0 views

rt.com/...ident-order-communications-770

Obammunism executive-orders

shared by Gary Edwards on 10 Jul 12 - No Cached
  • Gary Edwards on 10 Jul 12
     
    Awful stuff.  Another Obama executive order suspending the Constitution and terminating the Bill of Rights. Revoking the right of habeas corpus is unconstitutional. So is declaring a national emergency without congressional approval. The Constitution declares, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." While Congress has passed many an unConstitutional Law regarding "National Emergency Powers", there is nothing in the Constitution granting any branch of the Federal government to tear up the Constitution and Bill of Rights.  Atrocities like FiSA, The Military Commissions Act, NSP51, HSPD20, the John Warner Defense Authorization Act, the National Emergencies Act, and the Patriot Act are un Constitutional to the core.   Only the American people, through their representatives in Congress, can declare a national emergency.  With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency.  Many statist seeking to breach the Constitution and Bill of Rights argue that the granting of emergency powers by Congress is implicit in its Article I, section 8 authority to "provide for the common Defense and general Welfare," the commerce clause, its war, armed forces, and militia powers, and the "necessary and proper" clause empowering it to make such laws as are required to fulfill the executions of "the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." But this issue of "implied" powers defies an actual reading of the Constitution, and seeks to breach the meaning of that most basic of all Madisonian  Constitutional concepts embedded into the framework of limited government: "enumerated powers".  The United States is a government of enumerated powers.  N
Gary Edwards

Is martial law the ultimate goal? - Tea Party Command Center - 0 views

teapartyorg.ning.com/...show

martial-law executive-orders Obammunism

shared by Gary Edwards on 31 Jan 13 - No Cached
  • Gary Edwards on 31 Jan 13
     
    "During President Obama's first term he laid the ground work. President Obama issued over 900 executive orders, many dealing with martial law. As the Supreme Court already opinioned when looking at President Lincolns use of martial law, "Martial law ... destroys every guarantee of the Constitution.". This means when martial law is declared we as Americans have no rights at all. During President Obama's first term he wrote Executive Orders granting the government the power to take over all communications media, electrical power, gas, petroleum, fuels and minerals. He also wrote an Executive Order where the government can take over all modes of transportation and control of the highways and sea ports. That means Obama can confiscate your horse, your donkeys, your bicycle or even your riding lawn mower. All forms of transportation. Executive orders signed by Obama also include railroads, inland water ways, public storage facilities, airports and airplanes including commercial planes can all be taken over by the government." Executive Orders have also been signed allowing the government to mobilize civilians into work brigades under government supervision. To take over all health education and welfare functions. To allow the Housing and Finance Authority to relocate and establish new locations for populations, AND grants authority to the Department of Justice to enforce the plans set out in Executive Orders, to institute Industrial support, to establish judicial and legislative liaison, to control all aliens, to operate penal and correctional institutions, and to advise and assist the President. An Executive order has also been signed which allows the Federal Emergency Preparedness Agency to develop plans to establish control over the mechanisms of production and distribution of energy sources, wages, salaries, credit, and the flow of money in U.S. financial institutions in any undefined national emergency. It also provides that when the president declares a state of
Paul Merrell

A Readers' Guide to the Apple All Writs Act Cases | Just Security - 0 views

www.justsecurity.org/...gistrate-judge-writs-act-cases

surveillance state FBI iPhone Apple litigation legalres

shared by Paul Merrell on 03 Mar 16 - No Cached
  • The last few weeks and months have been awash in media coverage of two cases before magistrate judges involving the federal government seeking to use the All Writs Act to compel Apple’s cooperation with ongoing criminal investigations. The older case, in the Eastern District of New York, involves a drug case where the phone’s owner has pleaded guilty to the charges against him. The more recent case, in the Central District of California, involves an iPhone used by Syed Farook, one of the alleged San Bernardino shooters. While the two cases involve different different phone models, operating systems, alleged crimes, and legal postures, they touch on similar questions related to the scope of the All Writs Act. In an attempt to create a one-stop shop for our coverage and the related documents and some useful sources, we’ve compiled this readers’ guide. We will update it as the cases progress to include the latest filings and posts, so check back for more as things unfold.
Paul Merrell

Judge rules in favor of Apple in key case involving a locked iPhone - The Washington Post - 0 views

www.washingtonpost.com/...5-925f-1d10062cc82d_story.html

surveillance state FBI All-Writs-Act Apple iPhone litigation

shared by Paul Merrell on 01 Mar 16 - No Cached
  • A federal judge in New York ruled in favor of Apple on Monday, saying that an obscure Colonial-era law did not authorize him to force the firm to lift data from an iPhone at the government’s request. The ruling is not binding in any other court, but it takes on an outsize importance as the U.S. government battles Apple in a separate case in California over whether the tech firm should help unlock a phone used by one of the shooters in the San Bernardino terrorist attack in December. The two cases involve different versions of iPhone’s operating system and vastly different requests for technical help, but they both turn on whether a law from 1789 known as the All Writs Act can be applied to cases in which the government cannot get at encrypted data stored on suspects’ devices. Magistrate Judge James Orenstein in Brooklyn, who sits in the Eastern District of New York, has become the first federal judge to rule that the act does not permit a court to order companies to pull encrypted data off a customer’s phone or tablet.
  • In a 50-page opinion disdainful of the government’s arguments, Orenstein found that the All Writs Act does not apply in instances where Congress had the opportunity but failed to create an authority for the government to get the type of help it was seeking, such as having firms ensure they have a way to obtain data from encrypted phones.
  • He wrote that the government’s interpretation of the 200-year-old law was “absurd” in that it would authorize what they were seeking even if every member of Congress had voted against granting such authority. It would, he added, undermine “the more general protection against tyranny that the Founders believed required the careful separation of governmental powers.” [Read the magistrate’s order in favor of Apple] He also found that ordering Apple to help the government by extracting data from the iPhone — which belonged to a drug dealer — would place an unreasonable burden on the company. None of the factors he reviewed in the case, Orenstein said, “justifies imposing on Apple the obligation to assist the government’s investigation against its will.”
Gary Edwards

The Sides Are Forming For The Coming Civil War. | Militia News - 1 views

www.militianews.com/rming-for-the-coming-civil-war

Obammunism financial-collapse financial-oligarchs banksters

shared by Gary Edwards on 29 Nov 13 - No Cached
  • America is in the choosing sides phase of the coming civil war. To use a college recruiting phrase, it is accurate to state that the letters of intent to join one side or another have mostly been signed and the commitments offered. However, there is one big uncommitted piece, but very soon the sides will be drawn.
  • The Chess Pieces of Civil War What is going on today in America all about choosing sides. There are clear lines being formed in the United States. The recruiting pool consists of the Department of Homeland Security, the American military, local law enforcement, the Russian troops pouring into the United States, the trickle of Chinese troops coming into the country through Hawaii and, of course, the poor, the middle class and elite. This is the recruiting pool which will form the chess pieces of the coming American Civil War. Even if all parties in this country wanted the country to continue, even in its present mortally wounded state, it would be foolish to believe that it could continue for much longer.
  • Barring a false flag event, US martial law will have a trigger event, which will lead to martial law, that will be financial and it will naturally occur as we are already on a collision course with destiny.
  • ...18 more annotations...
  • The net result of these staggering numbers can only end one way, and that is with a financial collapse, followed by a bank holiday, rioting in the streets and the full roll out of martial law. These financial numbers guarantee that the party cannot continue much longer. Since America, in her present form, cannot continue much longer without experiencing a cataclysmic shift, we would be wise to realize what resources are going to be the impetus for civil war. When you play the board game, Monopoly, the properties on Boardwalk are among the most coveted. It is no different in real life. The biggest prize of the coming conflict is real estate. Homes, office buildings and shopping malls are the most coveted prize. The MERS mortgage fraud continues unabated as millions of homes have been confiscated through mortgage fraud. When the dollar is worthless and is awaiting its replacement (e.g. the Amero or the Worldo), real estate will be more valuable than gold.
  • Other big game that is being hunted by both sides in the coming civil war will be bank accounts, which must be looted before the dormant computer digits we call money can be converted into hard assets. That is why my advice is, and has been, convert your cash into tangible assets which can enhance your survivability in the upcoming crash.
  • Also, your pensions, your 401K’s and your various entitlement programs are also at risk as evidenced by Secretary of Treasury Jack Lew’s “borrowing” from various Federal retirement accounts in order to increase the debt ceiling fight that will resurface in Congress, again, early next year.
  • Again, my advice is to convert your assets in tangible items which will aid in getting you through some very dark days coming up in the near future.
  • Before the cognitive dissonance crowd rears their ugly heads and accuses me of fear mongering, ask yourself what the elite did prior to the crash of the economy in 1929. For example, Joseph Kennedy took his money out of the stock market the day BEFORE it crashed. Vanderbilt, Rockefeller, Westinghouse, et al., all took their money out just prior to the crash, leaving the ignorant masses unaware of what was coming. Don’t make the same mistake.
  • I have news for you, there are Federal officials in every town, city and county in America. If one violates HR 347, they will be immediately arrested and charged with a felony.
  • The NDAA constitutes another big fence being built around the people in which all due process will soon be gone. The NDAA will allow the administration the “legal” right to secretly remove any burgeoning leadership of citizen opposition forces.
  • There are three paramount numbers that every American should be paying attention to and they are (1) national deficit ($17 trillion dollars), (2) the unfunded liabilities debt ($238 trillion dollars), and (3) the derivatives/futures debt (one quadrillion dollars which is 16 times the entire wealth of the planet.
  • In short, this spells the potential enslavement of the American people.
  • For those of you who still have your blinders on, research the NDAA and EO 13603 and then when you realize that I am correct in my interpretation, ask yourself one question; If the powers that be were not going to seize every important asset, then why would the government give itself the power to do just that?
  • And while you are at it, remember the Clean Water Act gives the EPA to control all private property as well as the precious resources of all water. And then of course, the FDA and the conflicts with local farmers is escalating.
  • And if this is not enough to convince the sheep of this country that the storm clouds are overhead, then take a look at HR 347 which outlaws protesting and takes away the First Amendment. This unconstitutional legislation makes it illegal to criticize the President and the government, as a whole, in the presence of Federal officials.
  • The second provision which will allow this country to quickly transition to martial law is Executive Order (EO) 13603 which allows the President to take control over any resource, property and even human labor within the United States. This EO gives the President unlimited authority including the ability to initiate a civilian draft as well as a military draft.
  • I just saw the Hunger Games sequel, Catching Fire, and this is eerily similar to what I saw in the movies in that the people are being provoked to revolution.
  • in the TV show, Revolution, the most evil entity in the series is the re-emergence of the United States government and the heroes of the show are rebelling against the abuse.
  • It seems like everywhere we turn in the media, the people are being encouraged to rise up now and challenge authority. I am sure the establishment would rather confront a small group of dissidents and squelch the rebellion now, before the numbers can become significant and overwhelming to the establishment and this theme is being carried out in the media.
  • The final action will consist of gun confiscation and one side of the coming conflict is attempting to position themselves to do that in the near future and that would be the DHS, the Russians and the Chinese.
  • I cannot think of another legitimate reason which would describe why they are here.
  • Paul Merrell on 30 Nov 13
     
    While I'd be the first to agree that the degree of fiscal mismanagement of this nation's economy is beyond insane and have to admit that I see very little to admire in Barack Obama's presidency, the meme about Executive Order 13603 authorizing confiscation of any property and enslavement of the American public needs to be put to rest. See http://www.archives.gov/federal-register/executive-orders/2012.html#13603 E.O. 13603 is not much more than an updating of similar executive orders issued by prior presidents beginning with Dwight Eisenhower. In fact, in skimming it a few minutes ago, I didn't see anything drastically different from some of the prior related orders. E.g., it reflects that a bunch of agencies that were formerly either independent or under other departments are now under the newish Department of Homeland Security, whose Secretary now gets the authority formerly delegated to other department and agency heads. If blame must be cast, it belongs on the Congress that enacted the Defense Production Act of 1950, 50 U.S.C. 2061, et seq. The executive order does no more than obey that Act's instructions. For example there is a section authorizing pre-emption of manufacturing capacity of critical industries over any existing civilian contracts in the event of a national emergency, but that language is in the statute as well. But that power hasn't had much traction since Harry Truman tried to nationalize the steel industry to break a nationwide strike. The Supreme Court swatted down that effort as an abuse of a power that would be lawful in a true emergency, like another major. But even that semi-radical "survival" power is ameliorated by other provisions of the statute and the order that authorize loan guarantees for companies' construction and maintenance of critical productive capacity. Much of that has been implemented over the years as outright grants. So for example, many chemical manufacturing plants were built with Defense Production Act funds, with
Paul Merrell

Republican Party Calls For End To NSA Domestic Phone Records Program | TIME.com - 0 views

swampland.time.com/...nvestigation-into-nsa-snooping

surveillance state NSA NSA-blowback RNC-resolution

shared by Paul Merrell on 26 Jan 14 - No Cached
  • In the latest indication of a growing libertarian wing of the GOP, the Republican National Committee passed a resolution Friday calling for an investigation into the “gross infringement” of Americans’ rights by National Security Agency programs that were revealed by Edward Snowden. The resolution also calls on on Republican members of Congress to enact amendments to the Section 215 law that currently allows the spy agency to collect records of almost every domestic telephone call. The amendment should make clear that “blanket surveillance of the Internet activity, phone records and correspondence — electronic, physical, and otherwise — of any person residing in the U.S. is prohibited by law and that violations can be reviewed in adversarial proceedings before a public court,” the resolution reads.
  • The measure, the “Resolution to Renounce the National Security Agency’s Surveillance Program,” passed by an “overwhelming majority” by voice vote, along with resolutions calling for the repeal of the Foreign Account Tax Compliance Act and reaffirming the party’s pro-life stance, according to Reince Priebus, the RNC chairman. Among other points, the resolution declares “the mass collection and retention of personal data is in itself contrary to the right of privacy protected by the Fourth Amendment of the United States Constitution,” a claim embraced by civil libertarians of both parties. The revelation of the NSA programs has caused deepened a rift within the Republican Party between national security hawks and libertarians, but at the meeting, no RNC member rose to speak against the resolution.
  • WHEREAS, the mass collection and retention of personal data is in itself contrary to the right of privacy protected by the Fourth Amendment of the United States Constitution, which guarantees the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, that warrants shall issue only upon probable cause, and generally prevents the American government from issuing modern-day writs of assistance; WHEREAS, unwarranted government surveillance is an intrusion on basic human rights that threatens the very foundations of a democratic society and this program represents a gross infringement of the freedom of association and the right to privacy and goes far beyond even the permissive limits set by the Patriot Act; and WHEREAS, Republican House Representative Jim Sensenbrenner, an author of the Patriot Act and Chairman of the House Judiciary Committee at the time of Section 215′s passage, called the Section 215 surveillance program “an abuse of that law,” writing that, “based on the scope of the released order, both the administration and the FISA (Foreign Intelligence Surveillance Act) court are relying on an unbounded interpretation of the act that Congress never intended,” therefore be it
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  • The full text of the resolution as given to TIME follows below: Resolution to Renounce the National Security Agency’s Surveillance Program WHEREAS, the secret surveillance program called PRISM targets, among other things, the surveillance of U.S. citizens on a vast scale and monitors searching habits of virtually every American on the internet; WHEREAS, this dragnet program is, as far as we know, the largest surveillance effort ever launched by a democratic government against its own citizens, consisting of the mass acquisition of Americans’ call details encompassing all wireless and landline subscribers of the country’s three largest phone companies; WHEREAS, every time an American citizen makes a phone call, the NSA gets a record of the location, the number called, the time of the call and the length of the conversation, all of which are an invasion into the personal lives of American citizens that violates the right of free speech and association afforded by the First Amendment of the United States Constitution;
  • RESOLVED, the Republican National Committee encourages Republican lawmakers to enact legislation to amend Section 215 of the USA Patriot Act, the state secrets privilege, and the FISA Amendments Act to make it clear that blanket surveillance of the Internet activity, phone records and correspondence — electronic, physical, and otherwise — of any person residing in the U.S. is prohibited by law and that violations can be reviewed in adversarial proceedings before a public court; RESOLVED, the Republican National Committee encourages Republican lawmakers to call for a special committee to investigate, report, and reveal to the public the extent of this domestic spying and the committee should create specific recommendations for legal and regulatory reform ot end unconstitutional surveillance as well as hold accountable those public officials who are found to be responsible for this unconstitutional surveillance; and
  • RESOLVED, the Republican National Committee encourages Republican lawmakers to immediately take action to halt current unconstitutional surveillance programs and provide a full public accounting of the NSA’s data collection programs.
  • Paul Merrell on 26 Jan 14
     
    That's more like it! Notice that the call is for a "special committee to investigate," etc., not the House Intelligence Committee chaired by Mike Rogers.  Note also the call for heads to roll.
  • Paul Merrell on 26 Jan 14
     
    Something messed up in the quoting of the resolution. Please go to the linked web site for the resolution's full text.
Gary Edwards

Tomgram: Michael Klare, Superpower in Distress | TomDispatch - 0 views

www.tomdispatch.com/...lare%2C_superpower_in_distress

Iraq ISIS

shared by Gary Edwards on 01 Jun 15 - No Cached
  • In response, the Obama administration dispatched thousands of new advisers and trainers and began shipping in piles of new weaponry to re-equip the Iraqi army.  It also filled Iraqi skies with U.S. planes armed with their own munitions to destroy, among other things, some of that captured U.S. weaponry.  Then it set to work standing up a smaller version of the Iraqi army.  Now, skip nearly a year ahead and on a somewhat lesser scale the whole process has just happened again.  Less than two weeks ago, Islamic State militants took Ramadi, the capital of Anbar Province.  Iraqi army units, including the elite American-trained Golden Division, broke and fled, leaving behind -- you’ll undoubtedly be shocked to hear -- yet another huge cache of weaponry and equipment, including tanks, more than 100 Humvees and other vehicles, artillery, and so on. The Obama administration reacted in a thoroughly novel way: it immediately began shipping in new stocks of weaponry, starting with 1,000 antitank weapons, so that the reconstituted Iraqi military could take out future “massive suicide vehicle bombs” (some of which, assumedly, will be those captured vehicles from Ramadi).  Meanwhile, American planes began roaming the skies over that city, trying to destroy some of the equipment IS militants had captured.
  • Notice anything repetitive in all this -- other than another a bonanza for U.S. weapons makers?  Logically, it would prove less expensive for the Obama administration to simply arm the Islamic State directly before sending in the air strikes
  • In any case, what a microcosm of U.S. imperial hubris and folly in the twenty-first century all this training and equipping of the Iraqi military has proved to be.  Start with the post-invasion decision of the Bush administration to totally disband Saddam’s army and instantly eject hundreds of thousands of unemployed Sunni military men and a full officer corps into the chaos of the “new” Iraq and you have an instant formula for creating a Sunni resistance movement.  Then, add in a little extra “training” at Camp Bucca, a U.S. military prison in Iraq, for key unemployed officers, and -- Voilà! -- you’ve helped set up the petri dish in which the leadership of the Islamic State movement will grow.  Multiply such stunning tactical finesse many times over globally and, as TomDispatch regular Michael Klare makes clear today, you have what might be called the folly of the “sole superpower” writ large. Tom
  • ...9 more annotations...
  • Delusionary Thinking in Washington The Desperate Plight of a Declining Superpower By Michael T. Klare
  • Take a look around the world and it’s hard not to conclude that the United States is a superpower in decline. Whether in Europe, Asia, or the Middle East, aspiring powers are flexing their muscles, ignoring Washington’s dictates, or actively combating them. Russia refuses to curtail its support for armed separatists in Ukraine; China refuses to abandon its base-building endeavors in the South China Sea; Saudi Arabia refuses to endorse the U.S.-brokered nuclear deal with Iran; the Islamic State movement (ISIS) refuses to capitulate in the face of U.S. airpower. What is a declining superpower supposed to do in the face of such defiance? This is no small matter. For decades, being a superpower has been the defining characteristic of American identity. The embrace of global supremacy began after World War II when the United States assumed responsibility for resisting Soviet expansionism around the world; it persisted through the Cold War era and only grew after the implosion of the Soviet Union, when the U.S. assumed sole responsibility for combating a whole new array of international threats. As General Colin Powell famously exclaimed in the final days of the Soviet era, “We have to put a shingle outside our door saying, ‘Superpower Lives Here,’ no matter what the Soviets do, even if they evacuate from Eastern Europe.”
  • The problem, as many mainstream observers now acknowledge, is that such a strategy aimed at perpetuating U.S. global supremacy at all costs was always destined to result in what Yale historian Paul Kennedy, in his classic book The Rise and Fall of the Great Powers, unforgettably termed “imperial overstretch.” As he presciently wrote in that 1987 study, it would arise from a situation in which “the sum total of the United States’ global interests and obligations is… far larger than the country’s power to defend all of them simultaneously.”
  • The first of two approaches to this conundrum in Washington might be thought of as a high-wire circus act.  It involves the constant juggling of America’s capabilities and commitments, with its limited resources (largely of a military nature) being rushed relatively fruitlessly from one place to another in response to unfolding crises, even as attempts are made to avoid yet more and deeper entanglements. This, in practice, has been the strategy pursued by the current administration.  Call it the Obama Doctrine.
  • In other words, whoever enters the Oval Office in January 2017 will be expected to wield a far bigger stick on a significantly less stable planet. As a result, despite the last decade and a half of interventionary disasters, we’re likely to see an even more interventionist foreign policy with an even greater impulse to use military force.
  • The first step in any 12-step imperial-overstretch recovery program would involve accepting the fact that American power is limited and global rule an impossible fantasy.
  • Accepted as well would have to be this obvious reality: like it or not, the U.S. shares the planet with a coterie of other major powers -- none as strong as we are, but none so weak as to be intimidated by the threat of U.S. military intervention.
  • Having absorbed a more realistic assessment of American power, Washington would then have to focus on how exactly to cohabit with such powers -- Russia, China, and Iran among them -- and manage its differences with them without igniting yet more disastrous regional firestorms. 
  • fewer military entanglements abroad, a diminishing urge to garrison the planet, reduced military spending, greater reliance on allies, more funds to use at home in rebuilding the crumbling infrastructure of a divided society, and a diminished military footprint in the Middle East.
  • Gary Edwards on 01 Jun 15
     
    Thanks Marbux! "Think of this as a little imperial folly update -- and here's the backstory.  In the years after invading Iraq and disbanding Saddam Hussein's military, the U.S. sunk about $25 billion into "standing up" a new Iraqi army.  By June 2014, however, that army, filled with at least 50,000 "ghost soldiers," was only standing in the imaginations of its generals and perhaps Washington.  When relatively small numbers of Islamic State (IS) militants swept into northern Iraq, it collapsed, abandoning four cities -- including Mosul, the country's second largest -- and leaving behind enormous stores of U.S. weaponry, ranging from tanks and Humvees to artillery and rifles.  In essence, the U.S. was now standing up its future enemy in a style to which it was unaccustomed and, unlike the imploded Iraqi military, the forces of the Islamic State proved quite capable of using that weaponry without a foreign trainer or adviser in sight."
Paul Merrell

Apple Submits Brief Opposing U.S. Government's 'Unprecedented' iPhone Request - 0 views

www.huffingtonpost.com/...st_us_56cf5f90e4b0871f60ea9a71

surveillance state Apple iPhone FBI All-Writs-Act litigation

shared by Paul Merrell on 29 Feb 16 - No Cached
  • (Reuters) - Apple Inc <AAPL.O> on Thursday struck back in court against a U.S. government request to unlock an encrypted iPhone belonging to one of the San Bernardino shooters, arguing such a move would violate its free speech rights and require the company to devote significant resources to comply.
  • Read the brief:
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