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Concluding Thoughts

The advent of fast, cheap networking has made it possible to store information at remote third-party locations, where it is intermingled with that of other users. For example, many people no longer keep their email primarily on their personal computer, and instead use a web-based email provider, which stores their messages along with billions of messages from and to millions of other people. Similar services exist for photographs, slide shows, computer code and many other types of data. As a result, people now have personal data that are stored with that of innumerable strangers. Seizure of, for example, Google's email servers to look for a few incriminating messages could jeopardize the privacy of millions. It's no answer to suggest, as did the majority of the three-judge panel, that people can avoid these hazards by not storing their data electronically. To begin with, the choice about how information is stored is often made by someone other than the individuals whose privacy would be invaded by the search. Most people have no idea whether their doctor, lawyer or accountant maintains records in paper or electronic format, whether they are stored on the premises or on a server farm in Rancho Cucamonga, whether they are commingled with those of many other professionals 1177*1177 or kept entirely separate. Here, for example, the Tracey Directory contained a huge number of drug testing records, not only of the ten players for whom the government had probable cause but hundreds of other professional baseball players, thirteen other sports organizations, three unrelated sporting competitions, and a non-sports business entity—thousands of files in all, reflecting the test results of an unknown number of people, most having no relationship to professional baseball except that they had the bad luck of having their test results stored on the same computer as the baseball players.

This pressing need of law enforcement for broad authorization to examine electronic records, so persuasively demonstrated in the introduction to the original warrant in this case, see pp. 1167-68 supra, creates a serious risk that every warrant for electronic information will become, in effect, a general warrant, rendering the Fourth Amendment irrelevant. The problem can be stated very simply: There is no way to be sure exactly what an electronic file contains without somehow examining its contents—either by opening it and looking, using specialized forensic software, keyword searching or some other such technique. But electronic files are generally found on media that also contain thousands or millions of other files among which the sought-after data may be stored or concealed. By necessity, government efforts to locate particular files will require examining a great many other files to exclude the possibility that the sought-after data are concealed there. Once a file is examined, however, the government may claim (as it did in this case) that its contents are in plain view and, if incriminating, the government can keep it. Authorization to search some computer files therefore automatically becomes authorization to search all files in the same sub-directory, and all files in an enveloping directory, a neighboring hard drive, a nearby computer or nearby storage media. Where computers are not near each other, but are connected electronically, the original search might justify examining files in computers many miles away, on a theory that incriminating electronic data could have been shuttled and concealed there.

The House, for a second year in a row, has approved a measure limiting Pentagon spending on military bands next year to only $200 million. An amendment by Rep. Betty McCollum (D-Minn.), a member of the House Appropriations Committee, was approved as part of the fiscal 2013 Defense Authorization Bill and could save $188 million if it makes it through Congress. A similar amendment passed by the House last year, however, was dropped by the House-Senate conference. In a statement placed in the Congressional Record, McCollum said: “Over the past four years, taxpayers have spent $1.55 billion for the Pentagon’s 150 military bands and more than 5,000 full-time, professional military musicians.... At a time of fiscal crisis the Pentagon will have to get by spending only $200 million for their musical arsenal.”

But, when it comes to reining in spending, only the Air Force had plans to do so, dropping eight of its 23 bands next year. The other services are increasing funding.

The Army, Navy and Marine Corps, which also face personnel reductions, are keeping their current 125 bands for 2013 and actually increasing their spending on them by $6.4 million, according to the Defense Department.

Amidst an astonishing, relentless, wide-ranging purge that shows no signs of abating, with 60,000 – and counting – civil servants, academics, judges, prosecutors, policemen, soldiers jailed, fired, suspended or stripped of professional accreditation, it’s relatively established by now the Turkish government was very much informed a military coup was imminent on July 15. The information may have come from Russian intelligence, although neither Moscow nor Ankara will reveal any details. So, once and for all, this was no false flag.

As Erdogan solidifies his internal iron grip, a formerly iron clad connection – NATO/Turkey – slowly dissolves into thin air. It’s as if the fate of Incirlik air base was hangin’ – literally – by a few, selected radar threads. There’s extreme suspicion across the spectrum in Turkey that the Pentagon knew what the «rebels» were up to. It’s a fact that not a pin drops in Incirlik without the Americans knowing it. AKP members stress the use of NATO’s communication network to coordinate the putschists and thus escape Turkish intel. At a minimum, the putschists may have believed NATO would have their backs. No «NATO ally» deigned itself to warn Erdogan about the coup. Then there’s the saga of the refueling tanker for the «rebel» F-16s. The tankers in Incirlik are all the same model – KC-135R Stratotanker – for Americans and Turks alike. They work side by side and are all under the same command; the 10th Main Tanker Base, led by Gen. Bekir Ercan Van, who was duly arrested this past Sunday – as seven judges also confiscated all the control tower communications. Not by accident Gen. Bekir Ercan Van happened to be very close to Pentagon head Ash Carter. What happened in Turkish airspace after Erdogan’s Gulfstream IV left the Mediterranean coast and landed in Istanbul’s Ataturk airport has been largely mapped – but there are still some crucial gaps in the narrative open to speculation. As Erdogan has been tight-lipped in all his interviews, one is left with a Mission Impossible-style scenario featuring «rebel» F-16s «Lion One» and «Lion Two» on a «special mission» with their transponder off; their face off with loyalist «Falcon One» and «Falcon Two»; one of the «Lions» piloted by the none other than the man who shot down the Russian Su-24 last November; the by now famous tanker that took off from Incirlik to refuel the «rebels»; and three extra pairs of F-16s that took off from Dalaman, Erzurum and Balikesir to intercept the «rebels», including the pair that protected Erdogan’s Gulfsteam (which was using callsign THY 8456 to disguise it as a Turkish Airlines flight).

Notorious Saudi whistleblower «Mujtahid» caused a sensation as he revealed that the UAE not only «played a role» in the coup but also kept the House of Saud in the loop. As if this was not damning enough, the self-deposed emir of Qatar, Sheikh Hamad al-Thani, very close to Erdogan, has alleged that the US and another Western nation (France is a strong possibility) had staged the whole thing, with Saudi Arabian involvement. Ankara, predictably, denied all of it.

As Saudi Arabia and its allies have begun the bombing campaign against Yemen, in the south, a separatist movement calling for a "State of South Arabia" is emerging. Fostered by the US, it will leave the Houthis with two hostile states at their borders and locked access to the sea, if it succeeds.

Welcome to phase two of US regime change operations. After Yemen's 2011 revolution failed and Houthi militias overthrew President Hadi, forces trained and sponsored by the US government are being activated as a separatist movement. The Southern People's Committees (SPC), founded around 2007 although USAID has been conducting political workshops as part of a $695,000 project and actively grooming leadership in Yemen since 2005. (Also in 2007, weekly protests began, organized by women's organizations, fostered by the workshops.) The SPC were similar to many color revolution movements such as Serbia's Otpor in that they did not have a central leadership, but rather an autonomous cell-based organization. In addition, they were very capable in the use of social media technologies, text messaging and the circumventing the government's internet censorship to organize protests.

Meanwhile, the Yemen Center for Human Rights Studies, which received $193,000 from the EU and US-funded Foundation for the Future in 2009, conducted a poll in January 2010, which found that 70 percent of southern Yemenis favored secession. Another USAID-funded project, the $43 million Responsive Governance Project (RGP), launched in May 2010, conducted "New Social Media training for Youth leaders to equip Yemeni youth groups in the use of media to enhance their participation in formulating public issues." The project focuses on establishing contacts with the Yemeni government and providing "leadership and civic education training to youth NGOs."

SPRINGFIELD, Ore. -- Barbara Wagner has one wish - for more time.  "I'm not ready, I'm not ready to die," the Springfield woman said. "I've got things I'd still like to do." Her doctor offered hope in the new chemotherapy drug Tarceva, but the Oregon Health Plan sent her a letter telling her the cancer treatment was not approved. Instead, the letter said, the plan would pay for comfort care, including "physician aid in dying," better known as assisted suicide. "I told them, I said, 'Who do you guys think you are?' You know, to say that you'll pay for my dying, but you won't pay to help me possibly live longer?' " Wagner said.

He said the state has a financial incentive to offer death instead of life: Chemotherapy drugs such as Tarceva cost $4,000 a month while drugs for assisted suicide cost less than $100.

Saha said state health officials do not consider whether it is cheaper for someone in the health plan to die than live. However, he admitted they must consider the state's limited dollars when dealing with a case such as Wagner's. "If we invest thousands and thousands of dollars in one person's days to weeks, we are taking away those dollars from someone," Saha said.

Days before his first meeting with US President Donald Trump this week in Washington, Prime Minister Benjamin Netanyahu is facing warnings from within his right-wing coalition of “an earthquake” if he doesn’t publicly disavow his previous support of a two-state solution.

Writing on Facebook Saturday night, Education Minister Naftali Bennett, who chairs the Jewish Home party, said Wednesday’s meeting with Trump will be “the test of Netanyahu’s life” and will determine Israel’s policy toward the Palestinians for years to come.

Bennett said that if the two men mention “an obligation to establish Palestine or ‘two states’ in some or other iteration, we will all feel it in our flesh for years to come. It will be an earthquake.” “International pressure, boycotts, anti-Israel reports, missiles, [building] freezes, tying the hands of our soldiers in the fight against terrorism — all this will continue and intensify,” he warned. Bennett called on the prime minister to walk back his support of Palestinian statehood, which Netanyahu first set out in a seminal 2009 Bar-Ilan University speech.

Seventy sailors from the USS Ronald Reagan are filling suit against the Japanese company TEPCO after allegedly suffering radiation contamination from the Fukushima Daiichi nuclear power plant melt down.

The law suit states TEPCO downplayed the nuclear radiation danger until it was too late. According to the suit, radiation experts who assisted in the decontamination say the USS Ronald Reagan sailed straight into a plume of radioactivity, which contaminated the ship’s water supply. Crew members washed, brushed their teeth and drank potentially contaminated water. The law suit claims active and former sailors are suffering from cancer, blindness, impotence, and fatigue as a result of the radiation exposure.

Analogies with apartheid regime in the wake of Mandela’s death could accelerate efforts to ostracize Israel. This has happened in recent days: The Dutch water company Vitens severed its ties with Israeli counterpart Mekorot; Canada’s largest Protestant church decided to boycott three Israeli companies; the Romanian government refused to send any more construction workers; and American Studies Association academics are voting on a measure to sever links with Israeli universities. Coming so shortly after the Israeli government effectively succumbed to a boycott of settlements in order to be eligible for the EU’s Horizon 2020 scientific cooperation agreement, it is hard to avoid the conclusion that the BDS (Boycott, Divestment and Sanctions) movement is picking up speed. And the writing on the wall, if anyone missed it, only got clearer and sharper in the wake of the death of Nelson Mandela.

When the United Nations passed its first non-binding resolution calling for a boycott of South Africa in 1962, it was staunchly opposed by a bloc of Western countries, led by Britain and the United States. But the grassroots campaign that had started with academic boycotts in the late 1950s gradually moved on to sports and entertainment and went on from there to institutional boycotts and divestment. Along the way, the anti-apartheid movement swept up larger and larger swaths of Western public opinion, eventually forcing even the most reluctant of governments, including Israel and the U.S., to join the international sanctions regime. 

We’re really great at knowing where thresholds are after we fall off the cliff, but that’s not very helpful,” as lake ecologist and “tipping point” researcher Stephen Carpenter told USA today in 2009.  Israel could very well be approaching such a threshold. Among the many developments that could be creating the required critical mass one can cite the passage of time since the Twin Towers attacks in September 2001, which placed Israel in the same camp as the U.S. and the West in the War on Terror; Israel’s isolation in the campaign against Iran’s nuclear programs; the disappearance of repelling archenemies such as Osama bin Laden, Muammar Gadhafi, Mahmoud Ahmadinejad and, to a lesser degree, Yasser Arafat; the relative security and lack of terror inside Israel coupled with its own persistent settlement drive; and the negative publicity generated by revelations of racism in Israeli society, the image of its rulers as increasingly rigid and right wing and the government’s own confrontations with illegal African immigrants and Israeli Bedouin, widely perceived as being tinged with bias and prejudice.  In recent days, American statesmen seem to be more alarmed about the looming danger of delegitimization than Israelis are. In remarks to both the Saban Forum and the American Joint Distribution Committee this week, Secretary of State John Kerry described delegitimization as “an existential danger." Vice President Joe Biden, speaking to the same JDC forum, went one step further: “The wholesale effort to delegitimize Israel is the most concentrated that I have seen in the 40 years I have served. It is the most serious threat in my view to Israel’s long-term security and viability.” 

It's become popular to dismiss Russian President Vladimir Putin as paranoid and out of touch with reality. But his denunciation of "neofascist extremists" within the movement that toppled the old Ukrainian government, and in the ranks of the new one, is worth heeding. The empowerment of extreme Ukrainian nationalists is no less a menace to the country's future than Putin's maneuvers in Crimea. These are odious people with a repugnant ideology. Take the Svoboda party, which gained five key positions in the new Ukrainian government, including deputy prime minister, minister of defense and prosecutor general. Svoboda's call to abolish the autonomy that protects Crimea's Russian heritage, and its push for a parliamentary vote that downgraded the status of the Russian language, are flagrantly provocative to Ukraine's millions of ethnic Russians and incredibly stupid as the first steps of a new government in a divided country.

More to the point, why wave a red flag in front of a nervous bull? The answer is that for Svoboda, Right Sector and other Ukrainian far-right organizations, it was barely a handkerchief. These are groups whose thuggish young legions still sport a swastika-like symbol, whose leaders have publicly praised many aspects of Nazism and who venerate the World War II nationalist leader Stepan Bandera, whose troops occasionally collaborated with Hitler's and massacred thousands of Poles and Jews. But scarier than these parties' whitewashing of the past are their plans for the future. They have openly advocated that no Russian language be taught in Ukrainian schools, that citizenship is only for those who pass Ukrainian language and culture exams, that only ethnic Ukrainians may adopt Ukrainian orphans and that new passports must identify their holders' ethnicity — be it Ukrainian, Pole, Russian, Jew or other.

Is it so hard to understand Russians' shock that senior U.S. officials (such as Sen. John McCain, Assistant Secretary of State Victoria Nuland) flirt with extremists who have been denounced as anti-Semitic, xenophobic, even neo-Nazi by numerous human rights and anti-defamation groups? That they were snapping pictures and distributing pastries among protest leaders, some of whose minions were at that same moment distributing "The Protocols of the Elders of Zion" on Independence Square? In the few instances where concern over such extremists is acknowledged, it is usually dismissed along the lines of, "Yes, the new government isn't perfect, but moderates will soon prevail." But Russian worry is well-founded. Since the Soviet Union's collapse, millions of ethnic Russians or Russian speakers have endured loss of citizenship in the Baltic republics (where many lived for generations), have been driven out of Central Asian jobs and homes and have suffered particularly virulent discrimination in Georgia (the root cause of the 2008 war with Russia, but also broadly ignored in the West). How did such extremists capture key posts in the new Ukrainian government? If Svoboda was only a minority faction in the parliament (and Right Sector just a fringe paramilitary group), and their ideology is not shared by a majority of Ukrainian moderates, then doesn't that mean that Putin is right? That Ukraine's cobbled-together-under-street-pressure new government is indeed unrepresentative, and therefore illegitimate?

New Documents Trace Controversial Use of Drones and other Aerial Surveillance for Domestic National Security – from Safeguarding Major Sporting Events to Law Enforcement to Tracking Wildfires

“FBI spy plane zeroes in on Dearborn area” was the headline in The Detroit News on August 5, 2015. The story, which broke the news that the FBI had conducted at least seven surveillance flights recently over downtown Detroit, also raised a broader issue. It illustrated the fact that along with the controversy concerning electronic surveillance activities focused on telephone and e-mail records of United States citizens there exists a corresponding source of controversy – the use of satellites and assorted aircraft (manned and unmanned) to collect imagery and conduct aerial surveillance of civilian targets within the United States. Today, the National Security Archive posts over forty documents, many appearing online for the first time, related to the domestic use of overhead imagery and the controversy it has generated. Among those documents are:

Annual activity reports of the Civil Applications Committee, created in 1975 to provide a forum for interaction between the Intelligence Community and civil agencies wanting information from “national systems” (Document 2, Document 4, Document 6, Document 13, Document 16). Articles from a classified National Reconnaissance Office magazine discussing the use of NRO imagery spacecraft to aid in disaster relief (Document 9, Document 10, Document 23). Articles from the National Geospatial-Intelligence Agency’s Pathfinder magazine, which describe how the NGA uses overhead imagery to provide data to assorted agencies with responsibilities in security operations and planning for National Special Security Events (Document 12, Documents 20a, 20b, 20c, Document 26). Examples of imagery, obtained by the KH-9 spy camera, of two targets in New York – the World Trade Center and Shea Stadium (Document 29). Detailed NGA, NORTHCOM, and Air Combat Command internal regulations governing the collection, dissemination and use of domestic imagery (Document 17, Document 19, Document 34).  A description and assessments of the Customs and Border Protection service’s use of drones (Document 24, Document 30, Document 35, Document 37).

Venezuela and China drafted a 10-year plan for strategic cooperation yesterday as part of the China-Venezuela High-Level Joint Commission that is meeting in Caracas through Wednesday. The plan aims to advance development in both nations by deepening partnerships in diverse sectors, including manufacturing, infrastructure, telecommunications, and oil. “We are going to address the issue of ports and airports throughout the country as well as the question of electric infrastructure,” stated Venezuelan Vice-President for Planning Ricardo Menendez. “We are going to be working on the topic of telecommunications," he added, outlining plans for technological exchange in diverse areas, including providing students with digital tablets, building related factories, and constructing undersea cables to connect Venezuela with Caribbean nations. Also on the agenda are plans to expand joint oil projects as well as initiatives to kickstart Venezuela’s domestic production, particularly in the areas of cement, iron, aluminum, and paper.

Over the last decade, Venezuela under Chavez and Maduro has sought to strategically reorient its economy towards China, signing over 400 cooperation agreements encompassing a wide array of sectors, including energy, education, health, trade, housing, agriculture, manufacturing, infrastructure, sports, research, and cultural exchange. Since 2007, China has provided Venezuela with $45 billion in loans reportedly to finance development. In return, Venezuela exports over 600,000 barrels of oil a day to the rising economic giant. Relations between Venezuela and China were elevated to a comprehensive strategic partnership last July during a special visit by Chinese President Xi Jinping.

On Saturday evening, the Israeli army stated that Hadar Goldin, the soldier it claimed Hamas had captured on Friday morning, is dead: on Twitter A special IDF committee has concluded that Lt. Hadar Goldin was killed in combat in Gaza on Friday. May his memory be a blessing.— IDF (@IDFSpokesperson) August 2, 2014 It was on the pretext of searching for the missing soldier that Israel slaughtered at least 110 of people in the southern Gaza town of Rafah since Friday morning, destroying what was supposed to be a 72-hour humanitarian ceasefire. But the toll is rising as more bodies are found. “Such was the savagery of Israel’s bombardment in Rafah, such was the quantity of dead bodies, that there was simply no other option but to use vegetable refrigerators as makeshift morgues,” journalist Mohammed Omer, who hails from Rafah, reports.

One wonders whether US President Barack Obama will now retract his hasty statement – no doubt based on misinformation from Israel – blaming Hamas for capturing the soldier and demanding that he be “unconditionally” released. Now that Israel has, like Hamas, concluded that Goldin is dead, the question remains whether someone in the Israeli army gave the order to shell Rafah to kill him and prevent Hamas taking a live prisoner.

Friday turned into yet another day of horror for Palestinians in Gaza, as Israel committed massacres and atrocities claiming the lives of at least 100 people. It wasn’t supposed to be that way. Friday was meant to be the first day of a three-day “humanitarian ceasefire” announced on Thursday evening by the United Nations and the United States.