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Paul Merrell

As Federal Prison Population Spiked 790 Percent, Average Drug Sentences Doubled | Think... - 0 views

  • The federal prison population has ballooned 790 percent since 1980, and almost half of those now imprisoned are there for drugs. In the coming years, the Bureau of Prisons projects that prison overcrowding will get even worse. While federal prisons are now 35 to 40 percent over capacity, they are expected by 2023 to reach 55 percent over capacity without a policy change, according to a new report by the Urban Institute. The prison population explosion was not driven primarily by a spike in crime, but by a change in punishment. Over a 25-year period, average drug sentences doubled from 38.5 months in 1984 to 74 months in 2011. And over a similar period, the percentage of convicted federal offenders sentenced to prison spiked from 50 percent in 1986 to 90 percent in 2011. Before the passage of several draconian laws that impose mandated harsh sentences and remove judicial discretion, many offenders received probation or a fine for the same violations.
  • Now, public officials are among those looking for a solution. And the Urban Institute found that, while no one policy change will be enough to cure the inmate population explosion, the one single thing that could have the greatest impact is reforming mandatory minimum sentences. “Cutting mandatory minimums in half could save almost $2.5 billion in 10 years,” Urban Institute Senior Fellow Julie Samuels writes. “This measure alone would reduce overcrowding to the lowest it has been in decades.” There are now several bipartisan mandatory minimum bills pending in both houses of Congress. And the bipartisan momentum has never been greater, with even the world’s largest association of corrections officials and the conservative American Legislative Exchange Council urging mandatory minimum reform.
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    Life in the "land of the free." Five per cent of the world's population, but  25 per cent of the world's incarcerated prisoners. Drug legalization and release of all prisoners convicted of drug crimes not involving violence would do far more to bring some order to this mess.  But the desire to regulate seems irresistible, particularly when it serves as very thin cover for racial repression. Never mind that legalization would also end the drug war raging in Mexico.  "But we can't legalize immoral behavior." "Would you prefer that people buy their drugs from a government dispensary or from the kid down the block, you know, the one with the AK-47?"  
Paul Merrell

UN Report Finds Mass Surveillance Violates International Treaties and Privacy Rights - ... - 0 views

  • The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”
  • Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.” In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty. Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”
  • The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.” The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ” But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”
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  • Instead, explained the Rapporteur, states have relied on vague claims whose validity cannot be assessed because of the secrecy behind which these programs are hidden: “The arguments in favor of a complete abrogation of the right to privacy on the Internet have not been made publicly by the States concerned or subjected to informed scrutiny and debate.” About the ongoing secrecy surrounding the programs, the report explained that “states deploying this technology retain a monopoly of information about its impact,” which is “a form of conceptual censorship … that precludes informed debate.” A June report from the High Commissioner for Human Rights similarly noted “the disturbing lack of governmental transparency associated with surveillance policies, laws and practices, which hinders any effort to assess their coherence with international human rights law and to ensure accountability.” The rejection of the “terrorism” justification for mass surveillance as devoid of evidence echoes virtually every other formal investigation into these programs. A federal judge last December found that the U.S. Government was unable to “cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack.” Later that month, President Obama’s own Review Group on Intelligence and Communications Technologies concluded that mass surveillance “was not essential to preventing attacks” and information used to detect plots “could readily have been obtained in a timely manner using conventional [court] orders.”
  • Three Democratic Senators on the Senate Intelligence Committee wrote in The New York Times that “the usefulness of the bulk collection program has been greatly exaggerated” and “we have yet to see any proof that it provides real, unique value in protecting national security.” A study by the centrist New America Foundation found that mass metadata collection “has had no discernible impact on preventing acts of terrorism” and, where plots were disrupted, “traditional law enforcement and investigative methods provided the tip or evidence to initiate the case.” It labeled the NSA’s claims to the contrary as “overblown and even misleading.” While worthless in counter-terrorism policies, the UN report warned that allowing mass surveillance to persist with no transparency creates “an ever present danger of ‘purpose creep,’ by which measures justified on counter-terrorism grounds are made available for use by public authorities for much less weighty public interest purposes.” Citing the UK as one example, the report warned that, already, “a wide range of public bodies have access to communications data, for a wide variety of purposes, often without judicial authorization or meaningful independent oversight.”
  • The report was most scathing in its rejection of a key argument often made by American defenders of the NSA: that mass surveillance is justified because Americans are given special protections (the requirement of a FISA court order for targeted surveillance) which non-Americans (95% of the world) do not enjoy. Not only does this scheme fail to render mass surveillance legal, but it itself constitutes a separate violation of international treaties (emphasis added): The Special Rapporteur concurs with the High Commissioner for Human Rights that where States penetrate infrastructure located outside their territorial jurisdiction, they remain bound by their obligations under the Covenant. Moreover, article 26 of the Covenant prohibits discrimination on grounds of, inter alia, nationality and citizenship. The Special Rapporteur thus considers that States are legally obliged to afford the same privacy protection for nationals and non-nationals and for those within and outside their jurisdiction. Asymmetrical privacy protection regimes are a clear violation of the requirements of the Covenant.
  • That principle — that the right of internet privacy belongs to all individuals, not just Americans — was invoked by NSA whistleblower Edward Snowden when he explained in a June, 2013 interview at The Guardian why he disclosed documents showing global surveillance rather than just the surveillance of Americans: “More fundamentally, the ‘US Persons’ protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it’s only victimizing 95% of the world instead of 100%.” The U.N. Rapporteur was clear that these systematic privacy violations are the result of a union between governments and tech corporations: “States increasingly rely on the private sector to facilitate digital surveillance. This is not confined to the enactment of mandatory data retention legislation. Corporates [sic] have also been directly complicit in operationalizing bulk access technology through the design of communications infrastructure that facilitates mass surveillance. ”
  • The latest finding adds to the growing number of international formal rulings that the mass surveillance programs of the U.S. and its partners are illegal. In January, the European parliament’s civil liberties committee condemned such programs in “the strongest possible terms.” In April, the European Court of Justice ruled that European legislation on data retention contravened EU privacy rights. A top secret memo from the GCHQ, published last year by The Guardian, explicitly stated that one key reason for concealing these programs was fear of a “damaging public debate” and specifically “legal challenges against the current regime.” The report ended with a call for far greater transparency along with new protections for privacy in the digital age. Continuation of the status quo, it warned, imposes “a risk that systematic interference with the security of digital communications will continue to proliferate without any serious consideration being given to the implications of the wholesale abandonment of the right to online privacy.” The urgency of these reforms is underscored, explained the Rapporteur, by a conclusion of the United States Privacy and Civil Liberties Oversight Board that “permitting the government to routinely collect the calling records of the entire nation fundamentally shifts the balance of power between the state and its citizens.”
Paul Merrell

Ford White House Altered Rockefeller Commission Report - 0 views

  • Gerald Ford White House Altered Rockefeller Commission Report in 1975; Removed Section on CIA Assassination Plots White House Aide Dick Cheney Spearheaded Editing of Report to Dampen Impact New Documents Cast Further Doubt on Commission’s Investigation, Independence
  • The Gerald Ford White House significantly altered the final report of the supposedly independent 1975 Rockefeller Commission investigating CIA domestic activities, over the objections of senior Commission staff, according to internal White House and Commission documents posted today by the National Security Archive at The George Washington University (www.nsarchive.org). The changes included removal of an entire 86-page section on CIA assassination plots and numerous edits to the report by then-deputy White House Chief of Staff Richard Cheney.  Today’s posting includes the entire suppressed section on assassination attempts, Cheney’s handwritten marginal notes, staff memos warning of the fallout of deleting the controversial section, and White House strategies for presenting the edited report to the public. The documents show that the leadership of the presidentially-appointed commission deliberately curtailed the investigation and ceded its independence to White House political operatives. This evidence has been lying ignored in government vaults for decades. Much of the work of securing release of the records was done by the John F. Kennedy Assassinations Records Board in the 1990s, and the documents were located at the National Archives and Records Administration at College Park, Maryland; or at the Gerald R. Ford Library in Ann Arbor, Michigan. Additional mandatory declassification review requests filed by Archive fellow John Prados returned identical versions of documents, indicating the CIA is not willing to permit the public to see any more of the assassinations story than we show here. The documents in this set have yet to be incorporated into standard accounts of the events of this period.
  • Among the highlights of today’s posting: White House officials of the Ford administration attempted to keep a presidential review panel—the Rockefeller Commission—from investigating reports of CIA planning for assassinations abroad. Ford administration officials suppressed the Rockefeller Commission’s actual report on CIA assassination plots. Richard Cheney, then the deputy assistant to the president, edited the report of the Rockefeller Commission from inside the Ford White House, stripping the report of its independent character. The Rockefeller Commission remained silent on this manipulation. Rockefeller Commission lawyers and public relations officials warned of the damage that would be done to the credibility of the entire investigation by avoiding the subject of assassinations. President Ford passed investigative materials concerning assassinations along to the Church Committee of the United States Senate and then attempted—but failed—to suppress the Church Committee’s report as well. The White House markup of the Rockefeller Commission report used the secrecy of the CIA budget as an example of excesses and recommended Congress consider making agency spending public to some degree.
Paul Merrell

US websites should inform EU citizens about NSA surveillance, says report - 0 views

  • All existing data sharing agreements between Europe and the US should be revoked, and US web site providers should prominently inform European citizens that their data may be subject to government surveillance, according to the recommendations of a briefing report for the European Parliament. The report was produced in response to revelations about the US National Security Agency (NSA) snooping on internet traffic, and aims to highlight the subsequent effect on European Union (EU) citizens' rights.
  • The report warns that EU data protection authorities have failed to understand the “structural shift of data sovereignty implied by cloud computing”, and the associated risks to the rights of EU citizens. It suggests “a full industrial policy for development of an autonomous European cloud computing capacity” should be set up to reduce exposure of EU data to NSA surveillance that is undertaken by the use of US legislation that forces US-based cloud providers to provide access to data they hold.
  • To put pressure on the US government, the report recommends that US websites should ask EU citizens for their consent before gathering data that could be used by the NSA. “Prominent notices should be displayed by every US web site offering services in the EU to inform consent to collect data from EU citizens. The users should be made aware that the data may be subject to surveillance by the US government for any purpose which furthers US foreign policy,” it said. “A consent requirement will raise EU citizen awareness and favour growth of services solely within EU jurisdiction. This will thus have economic impact on US business and increase pressure on the US government to reach a settlement.”
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  • Other recommendations include the EU offering protection and rewards for whistleblowers, including “strong guarantees of immunity and asylum”. Such a move would be seen as a direct response to the plight of Edward Snowden, the former NSA analyst who leaked documents that revealed the extent of the NSA’s global internet surveillance programmes. The report also says that, “Encryption is futile to defend against NSA accessing data processed by US clouds,” and that there is “no technical solution to the problem”. It calls for the EU to press for changes to US law.
  • “It seems that the only solution which can be trusted to resolve the Prism affair must involve changes to the law of the US, and this should be the strategic objective of the EU,” it said. The report was produced for the European Parliament committee on civil liberties, justice and home affairs, and comes before the latest hearing of an inquiry into electronic mass surveillance of EU citizens, due to take place in Brussels on 24 September.
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    Yee-haw! E.U. sanctuary and rewards for NSA whistle-blowers. Mandatory warnings for customers of U.S. cloud services that their data may be turned over to the NSA. Pouring more gasoline on the NSA diplomatic fire. 
Paul Merrell

Israel Crosses the Threshold II: The Nixon Administration Debates the Emergence of the ... - 0 views

  • Washington, D.C., September 12, 2014 – During the spring and summer of 1969, officials at the Pentagon, the State Department, the Central Intelligence Agency, and the White House debated and discussed the problem of the emergence of a nuclear Israel. Believing that Israel was moving very close to a nuclear weapons capability or even possession of actual weapons, the Nixon administration debated whether to apply pressure to restrain the Israelis or even delay delivery of advanced Phantom jets whose sale had already been approved. Recently declassified documents produced in response to a mandatory declassification review request by the National Security Archive, and published today by the Archive in cooperation with the Nuclear Proliferation International History Project, show that top officials at the Pentagon were especially supportive of applying pressure on Israel. On 14 July 1969, Deputy Secretary of Defense (and Hewlett-Packard co-founder) David Packard signed a truly arresting memorandum to Secretary of Defense Melvin Laird, arguing that failure to exert such pressure "would involve us in a conspiracy with Israel which would leave matters dangerous to our security in their hands." In the end, Laird and Packard and others favoring pressure lost the debate. While National Security Advisor Henry Kissinger supported some of their ideas, he also believed that, at the minimum, it would be sufficient for U.S. interests if Israel kept their nuclear activities secret. As he put on his draft memo to President Nixon on or around July 19, "public knowledge is almost as dangerous as possession itself." Indeed, Nixon opposed pressure and was willing to tolerate Israeli nuclear weapons as long as they stayed secret.
  • Earlier this year (2014), in response to a mandatory declassification review appeal filed by the National Security Archive in July 2009, the Interagency Security Classification Appeal Panel (ISCAP) declassified additional documents and information that shed brighter light on this highly sensitive policy debate. NSSM 40 is now declassified and published for the first time as is the formal interagency response to it. The intelligence reports prepared during the NSSM process remain classified, however. These along with other documents in the ISCAP release (including records that were declassified in 2007 and material published in 2006) elucidate the complexity and the enormous sensitivity of the internal debate over how far to apply pressure and what exactly the U.S. should ask of Israel. The interagency response revealed unanimity in goals-Israel should sign the Nuclear Nonproliferation Treaty (NPT) and halt its weapons program-but exposed significant divisions over how far Israel should be pressed and whether Washington should use military sales-in particular, withholding the delivery of Phantom jets, as leverage. There were also differences in how various officials assessed and conceptualized Israel's nuclear status at that time, and what commitments could realistically be asked of Israel. It might well be that the split of opinion between Defense and State allowed President Nixon even more freedom in making his own decision.
  • It appears now that a long memorandum written by Assistant Secretary of Defense Paul Warnke, a holdover from the Lyndon Johnson administration, to the new secretary of defense, Melvin Laird, was important element in the instigation of NSSM 40. Believing that it would be a danger to US interests if Israel acquired nuclear weapons, Warnke argued in his memo of 15 February 1969 that the United States must respond to the new Israeli nuclear reality and asked Laird to "consider another serious, concerted, and sustained effort to persuade Israel to halt its work on strategic missiles and nuclear weapons." Warnke believed that Washington must be ready to exert heavy pressure on Israel, starting with a presidential demarche. The view that it would be a danger to US security interests if Israel acquired nuclear weapons was at that time a largely non-partisan matter. Senior Democrats and Republicans within both the Johnson and Nixon administrations held that view, and both Laird and his deputy David Packard were responsive to Warnke's arguments that the US should apply pressure. To some extent, as Packard suggested in his July memorandum, even Kissinger seems at one time to have been part of that consensus, though his views were somewhat more subtle and variable. This nonpartisan consensus highlights how at the end independent-in fact, secretive and aloof-President Nixon was as he made his own decisions on the matter. Thus, he ruled against using the Phantoms as pressure and in doing so left the United States with no leverage whatsoever.
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  • The historical picture is far from complete in other areas as well. Most intriguing, we still do not know much about President Nixon's direct involvement in the debate, in particular exactly how, when, and why he ultimately overruled strong advice from senior officials to use pressure against the Israeli government. A draft Kissinger memorandum, declassified in 2007 and included in today's publication, sheds some light on why Nixon may have concluded that keeping the Israeli nuclear program a secret was the optimum solution. Certainly the outcome of the Nixon-Meir secret understanding-which left the Israeli program in place and secret-was significantly different from the recommendations of his key officials (not withstanding National Security Advisor, Henry Kissinger), but to this day we have almost no paper trail on the most important element in the policy puzzle: what exactly went on during the Nixon-Meir one-on-one meeting of 26 September 1969. Indeed, it appears that no record exists in the national archives of either country that reveals what was agreed to at the meeting
  • THE DOCUMENTS Except for documents 2, 8, and 10, the following documents are from a file, Israel 471.61, in the 1969 Top Secret records of Secretary of Defense Melvin Laird and his deputy David Packard held at the Federal Records Center in Suitland, Maryland. The file was the subject of a 2006 mandatory declassification review request that led to a final appeal in 2009 by the National Security Archive to ISCAP, which released more information earlier this year.
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    An important step along the path toward Israel's current dictation of U.S. foreign policy in the Mideast. Once acquired, Israel let be known its Samson Option, its national policy to take out all Mideast major cities with nukes if Israel was attacked and was about to fall.  
Paul Merrell

IETF Begins To Work On Designing A Surveillance-Resistant Net | Techdirt - 0 views

  • Edward Snowden's leaks show that the NSA and GCHQ have been systematically subverting key technologies that underlie the Internet. That betrayal of trust has prompted some soul-searching by the Net engineering community, which realizes that it needs to come up with more surveillance-resistant approaches. This story from Radio Netherlands Worldwide (RNW) provides information about the kind of thing they are working on in one key group, the Internet Engineering Task Force (IETF). It reports on a speech given by the IETF's chair, Jari Arkko, at the recent Internet Governance Forum in Bali, Indonesia.
  • Firstly, the IETF wants to eventually apply encryption to all web traffic. "Today, security only gets switched on for certain services like banking," Arkko explained, referring to IETF-developed standards like SSL -- the little lock that appears in the upper left corner of your browser to secure online purchases. "If we work hard, we can make [the entire internet] secure by default." To this end, the IETF might make encryption mandatory for HTTP 2.0, a new version of the basic web protocol. Secondly, the IETF plans to remove weak algorithms and strengthen existing algorithms behind encryption. This means that the US National Security Agency and other surveillors will find it harder to crack current forms of encryption.
  • Putting that in context, Axl Pavlik, the managing director of Europe's Internet Registry (RIPE NCC), notes that you can never stop surveillance completely, but you can make it more expensive: "You and I have limited resources, and the surveillor has limited resources -- maybe more than we have -- but if millions of users of the internet raise the bar a little bit, the requirements to surveil every little bit of internet traffic would be much higher," he explained to RNW. Mandatory use of encryption helps do that. And here's another good reason for adopting it: The IETF's plans also benefit people who are already encrypting their online activities themselves, argued Marco Hogewoning, technical adviser to RIPE NCC. According to him, these people currently stick out like a sore thumb to the very surveillors they hope to evade.
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  • He has a great analogy: "If you see an armoured car now on the street, you know there must be something valuable inside," Hogewoning explained. "If everybody drives around in an armoured car, I can go around and put a lot of effort into breaking into each and every car, and hope I get lucky and find something valuable inside, but it might be empty. If everybody encrypts everything, all you can see is armoured cars." However, valuable as these moves will be in raising the cost of surveillance, there is always the problem of the endpoints: While the IETF might be able to secure the pipes through which users' data travel, users must also be able to trust the parties where their data is stored: software, hardware and services such as Cisco, Gmail and Facebook. These parties can hand over user data directly to government agencies. To address that, technical improvements aren't enough -- we need political solutions, too. Unfortunately, those are rather more difficult to engineer.
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    Oh, goody some more!
Paul Merrell

ODNI Will Revise Declassification Fee Policy - 0 views

  • n response to criticism of the hefty fees that could be charged to public requesters in its new Mandatory Declassification Review (MDR) rule, the Office of the Director of National Intelligence has agreed to modify the rule. The revised rule will adopt the more flexible and forgiving approach used in ODNI’s Freedom of Information Act (FOIA) program. “We will pull back the MDR rule and swap out the fee structure there for the fee structure in the FOIA policy,” said Jennifer Hudson, director of the ODNI Information Management Division. This represents a substantial change. In comments on the rule submitted yesterday by the Federation of American Scientists, we recommended such a change. We noted that the MDR fee schedule was inconsistent in several respects with existing law and policy and, in particular, that it differed from the cost recovery procedures in ODNI’s FOIA program: *     The MDR rule would charge 50 cents per page for photocopying, but ODNI charges only 10 cents per page for responses to FOIA requests. *     The MDR rule would have made requesters responsible “for paying all fees,” but ODNI always waives costs of $10 or lower under FOIA. *     The MDR rule did not provide for discretionary fee waivers for public interest or other reasons, but the FOIA policy does.
  • Now all of these discrepancies will be eliminated. Perhaps most significantly, “We will also make sure that there is room [in the MDR process] for discretion in charging fees,” Ms. Hudson said in an email message. “I’m sure you know from looking at our FOIA reports that we have exercised our discretion to not charge fees quite a bit in the past.” She noted, however, that “The search/review charges are identical” under the proposed MDR rule and under FOIA. “FOIA just breaks [the charges] down into 15 minute increments where the MDR rule is by the hour. The end result is the same.” “At the end of the day, I don’t think it will make as much of a difference as people think,” she said.
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    Gee, I'm starting to feel prescient. 
Paul Merrell

U.S. knocks plans for European communication network | Reuters - 0 views

  • The United States on Friday criticized proposals to build a European communication network to avoid emails and other data passing through the United States, warning that such rules could breach international trade laws. In its annual review of telecommunications trade barriers, the office of the U.S. Trade Representative said impediments to cross-border data flows were a serious and growing concern.It was closely watching new laws in Turkey that led to the blocking of websites and restrictions on personal data, as well as calls in Europe for a local communications network following revelations last year about U.S. digital eavesdropping and surveillance."Recent proposals from countries within the European Union to create a Europe-only electronic network (dubbed a 'Schengen cloud' by advocates) or to create national-only electronic networks could potentially lead to effective exclusion or discrimination against foreign service suppliers that are directly offering network services, or dependent on them," the USTR said in the report.
  • Germany and France have been discussing ways to build a European network to keep data secure after the U.S. spying scandal. Even German Chancellor Angela Merkel's cell phone was reportedly monitored by American spies.The USTR said proposals by Germany's state-backed Deutsche Telekom to bypass the United States were "draconian" and likely aimed at giving European companies an advantage over their U.S. counterparts.Deutsche Telekom has suggested laws to stop data traveling within continental Europe being routed via Asia or the United States and scrapping the Safe Harbor agreement that allows U.S. companies with European-level privacy standards access to European data. (www.telekom.com/dataprotection)"Any mandatory intra-EU routing may raise questions with respect to compliance with the EU's trade obligations with respect to Internet-enabled services," the USTR said. "Accordingly, USTR will be carefully monitoring the development of any such proposals."
  • U.S. tech companies, the leaders in an e-commerce marketplace estimated to be worth up to $8 trillion a year, have urged the White House to undertake reforms to calm privacy concerns and fend off digital protectionism.
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    High comedy from the office of the U.S. Trade Representative. The USTR's press release is here along with a link to its report. http://www.ustr.gov/about-us/press-office/press-releases/2014/March/USTR-Targets-Telecommunications-Trade-Barriers The USTR is upset because the E.U. is aiming to build a digital communications network that does not route internal digital traffic outside the E.U., to limit the NSA's ability to surveil Europeans' communications. Part of the plan is to build an E.U.-centric cloud that is not susceptible to U.S. court orders. This plan does not, of course, sit well with U.S.-based cloud service providers.  Where the comedy comes in is that the USTR is making threats to go to the World Trade organization to block the E.U. move under the authority of the General Agreement on Trade in Services (GATS). But that treaty provides, in article XIV, that:  "Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member of measures: ... (c)      necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:   ... (ii)     the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts[.]" http://www.wto.org/english/docs_e/legal_e/26-gats_01_e.htm#articleXIV   The E.U., in its Treaty on Human Rights, has very strong privacy protections for digital communications. The USTR undoubtedly knows all this, and that the WTO Appellate Panel's judges are of the European mold, sticklers for protection of human rights and most likely do not appreciate being subjects o
Paul Merrell

Lawmakers want Internet sites to flag 'terrorist activity' to law enforcement - The Was... - 0 views

  • Social media sites such as Twitter and YouTube would be required to report videos and other content posted by suspected terrorists to federal authorities under legislation approved this past week by the Senate Intelligence Committee. The measure, contained in the 2016 intelligence authorization, which still has to be voted on by the full Senate, is an effort to help intelligence and law enforcement officials detect threats from the Islamic State and other terrorist groups.
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    Chipping away at the First Amendment. 
Paul Merrell

Florida Event Spotlights Signs of Foreign Support of 9/11 Plot | 28Pages.org - 0 views

  • Last month, 9/11 parents Loreen and Matt Sellitto hosted an informative event focused on one of the most important yet least-understood aspects of September 11: the extent to which the terrorists received support from foreign governments—and the extent of the government’s knowledge of that support, both before and after the attacks.
  • Held in Naples, Florida, the November 11 event was called “The Untold Story of 9/11: A Conversation with Bob Graham.” Following opening remarks from host Loreen Sellitto and from Terry Strada of 9/11 Families United for Justice Against Terrorism, the event featured three speakers: Former Senator Bob Graham, the most prominent voice outside government fighting for declassification of the 28 pages. Broward Bulldog editor Dan Christensen, who broke the story of the FBI’s discovery of a 9/11 cell in Sarasota, and who continues working to bring FBI investigation documents into the daylight. Attorney Tom Julin, who is helping the Broward Bulldog in its effort to overcome the government’s stonewalling. Here, we cover many of the highlights; a full video of the event can be found at the bottom of the page.
  • Broward Bulldog Battles Feds Over Sarasota Investigation Christensen’s quest for answers about foreign sources of support of the 9/11 hijackers began in 2011 with a tip passed to him by Anthony Summers, who, with his wife Robbyn Swan, had just completed their book, “The Eleventh Day.” Summers and Swan had learned about an FBI investigation of a Saudi family with close ties to the Saudi government that suddenly abandoned its upscale home just outside Sarasota about two weeks before 9/11. Pursuing the lead, Christensen contacted Senator Graham for his insights into the Sarasota cell. Braced for the possibility that Graham would decline comment because of classification restraints, Christensen was stunned to learn that Graham—who had been chairman of the Senate Intelligence Committee and co-chaired the joint Congressional inquiry into 9/11—was unable to comment for an altogether different reason: Graham said the FBI had never told him about its Sarasota investigation.
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  • Christensen then inquired with the FBI, which confirmed there had been an investigation, but said it found no connection to 9/11. Next, seeking to learn how they reached that conclusion, he requested the FBI’s investigation documents using the Freedom of Information Act (FOIA), but the FBI said there were no documents matching the request. Finding that completely implausible, in September 2012, Christensen and the Broward Bulldog filed a FOIA lawsuit. About six months later, the FBI sent Christensen 35 partially redacted pages that contained a bombshell conclusion directly contradicting the government’s earlier denials: The investigation had in fact “revealed many connections” between the Saudi family that fled their home and “individuals associated with the terrorist attacks on 9/11/2001.” (Indeed, investigations showed the home had been called and even visited by future 9/11 hijackers.)
  • In April 2014, as the Bulldog’s lawsuit progressed, Fort Lauderdale U.S. District Judge William Zloch ordered the FBI to conduct a more thorough search of its files, chiding the government for advancing “nonsensical” legal arguments in its effort to maintain secrecy. Later, he ordered the FBI to turn over more than 80,000 pages from its Tampa office so he could personally review them and reach his own conclusions about the need for secrecy. The judge’s review of that enormous cache is still underway.
  • Julin, in addition to providing an interesting elaboration on the legal battle to liberate the FBI’s Sarasota files, explained the Broward Bulldog’s attempts to secure the release of the 28-page finding on foreign government support of the 9/11 hijackers found in the 2002 report of the joint Congressional inquiry. Julin is helping Christensen, Summers and Swan push for the declassification of the 28 pages through a little-known process called Mandatory Declassification Review. Under that process, an agency’s refusal to declassify material can ultimately be appealed to a multi-agency panel that reviews the material and presents a recommendation to the president. The panel is now reviewing the 28 pages. While there’s no deadline, Julin has been told to expect the panel’s recommendation to President Obama sometime this winter.
  • Graham also explored the questions of: Why would the Saudis support Islamic terrorists operating in the United States? Why did the Bush administration shield Saudi Arabia by preventing the release of damning material? Why would the Obama administration continue the Bush administration’s “soft treatment” of Saudi Arabia? In the course of his remarks, Graham briefly discussed two of his books. The first, “Intelligence Matters: The CIA, the FBI, Saudi Arabia and the Failure of America’s War on Terror,” is a non-fiction work, which required advance clearance from the federal government that resulted in many passages being censored. That disappointing experience prompted Graham to do an end-run around government censors by publishing “Keys to the Kingdom,” a work labelled as fiction but which Graham used to write on the topic with greater freedom.
Paul Merrell

Israeli Law to be Extended to West Bank | nsnbc international - 1 views

  • The Israeli ministerial committee approved a bill, on Sunday, to extend laws regulated by the Israeli Knesset into the occupied West Bank.
  • adings before becoming law. Israeli settlers living in the occupied West Bank are, as of now, formally subject to military rule. The area’s 350,000 settlers, however, are effectively under the jurisdiction of Israeli civilian courts because parliament has already applied a clutch of laws to them, primarily criminal, tax and military conscription. The new draft bill would make it mandatory for the commander to issue, within a month and a half of a law’s passage in parliament, an identically-phrased military order, effectively ensuring that all ratified legislation also applies to settlers.
  • Furthermore, according to the new bill, Israelis living in the occupied West Bank will be under Israeli law, while Palestinians living in the same areas would remain under military rule. Director of the Jerusalem Legal Aid and Human Rights Centre, Issam Aruri, told Al Jazeera that this essentially means all Knesset permanent committees can exercise their oversight over the West Bank: “This means the Knesset may become responsible for certain parts of the West Bank, which may be a step towards the formal annexation of the occupied Palestinian territory without a formal announcement as such,” he said
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  • PNN further reports that Palestinian chief negotiator and PLO executive Dr. Saeb Erekat said that the Knesset’s approval on regulating Israeli law in the West Bank will be taken to the International Criminal Court. Dr. Erekat’s response to the news came during his meeting with UN peace envoy, Robert Serry, and councils of the US, England, Germany and France.
  • Erekat pointed out that the Foreign Affairs, Negotiation Departments, Ministry of justice and other Palestinian organizations now prepare official papers for Palestinian state joining of a number of international treaties and documents, topped by the international court. (Palestine is recognized as a High Contracting Party, according to the Fourth Geneva Convention of 1949.) All Israeli settlements in the occupied territories, including those in East Jerusalem, have been declared illegal under international law.
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    If accurate, this news will result ion a ruckus.
Gary Edwards

Reinventing Banking: From Russia to Iceland to Ecuador - 1 views

  • Global developments in finance and geopolitics are prompting a rethinking of the structure of banking and of the nature of money itself. Among other interesting news items: * In Russia, vulnerability to Western sanctions has led to proposals for a banking system that is not only independent of the West but is based on different design principles. * In Iceland, the booms and busts culminating in the banking crisis of 2008-09 have prompted lawmakers to consider a plan to remove the power to create money from private banks. * In Ireland, Iceland and the UK, a recession-induced shortage of local credit has prompted proposals for a system of public interest banks on the model of the Sparkassen of Germany. * In Ecuador, the central bank is responding to a shortage of US dollars (the official Ecuadorian currency) by issuing digital dollars through accounts to which everyone has access, effectively making it a bank of the people.
  • A major concern with stripping private banks of the power to create money as deposits when they make loans is that it will seriously reduce the availability of credit in an already sluggish economy. One solution is to make the banks, or some of them, public institutions. They would still be creating money when they made loans, but it would be as agents of the government; and the profits would be available for public use, on the model of the US Bank of North Dakota and the German Sparkassen (public savings banks). In Ireland, three political parties – Sinn Fein, the Green Party and Renua Ireland (a new party) — are now supporting initiatives for a network of local publicly-owned banks on the Sparkassen model. In the UK, the New Economy Foundation (NEF) is proposing that the failed Royal Bank of Scotland be transformed into a network of public interest banks on that model. And in Iceland, public banking is part of the platform of a new political party called the Dawn Party.
  • Particularly interesting is a proposal to provide targeted lending for businesses and industries by providing them with low-interest loans at 1-4 percent, financed through the central bank with quantitative easing (digital money creation). The proposal is to issue 20 trillion rubles for this purpose over a five year period. Using quantitative easing for economic development mirrors the proposal of UK Labour Leader Jeremy Corbin for “quantitative easing for people.”
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  • William Engdahl concludes that Russia is in “a fascinating process of rethinking every aspect of her national economic survival because of the reality of the western attacks,” one that “could produce a very healthy transformation away from the deadly defects” of the current banking model.
  • Iceland’s Radical Money Plan Iceland, too, is looking at a radical transformation of its money system, after suffering the crushing boom/bust cycle of the private banking model that bankrupted its largest banks in 2008. According to a March 2015 article in the UK Telegraph: Iceland’s government is considering a revolutionary monetary proposal – removing the power of commercial banks to create money and handing it to the central bank. The proposal, which would be a turnaround in the history of modern finance, was part of a report written by a lawmaker from the ruling centrist Progress Party, Frosti Sigurjonsson, entitled “A better monetary system for Iceland”.
  • Under this “Sovereign Money” proposal, the country’s central bank would become the only creator of money. Banks would continue to manage accounts and payments and would serve as intermediaries between savers and lenders. The proposal is a variant of the Chicago Plan promoted by Kumhof and Benes of the IMF and the Positive Money group in the UK.
  • Ever since 2000, when Ecuador agreed to use the US dollar as its official legal tender, it has had to ship boatloads of paper dollars into the country just to conduct trade. In order to “seek efficiency in payment systems [and] to promote and contribute to the economic stability of the country,” the government of President Rafael Correa has therefore established the world’s first national digitally-issued currency.
  • Unlike Bitcoin and similar private crypto-currencies (which have been outlawed in the country), Ecuador’s dinero electronico is operated and backed by the government. The Ecuadorian digital currency is less like Bitcoin than like M-Pesa, a private mobile phone-based money transfer service started by Vodafone, which has generated a “mobile money” revolution in Kenya.
  • According to a National Assembly statement: Electronic money will stimulate the economy; it will be possible to attract more Ecuadorian citizens, especially those who do not have checking or savings accounts and credit cards alone. The electronic currency will be backed by the assets of the Central Bank of Ecuador.
  • That means there is no fear of the bank going bankrupt or of bank runs or bail-ins. Nor can the digital currency be devalued by speculative short selling. The government has declared that these are digital US dollars trading at 1 to 1 – take it or leave it – and the people are taking it. According to an October 2015 article titled “
  • Banking Moves into the 21st Century The catastrophic failures of the Western banking system mandate a new vision. These transformations, current and proposed, are constructive steps toward streamlining the banking system, eliminating the risks that have devastated individuals and governments, democratizing money, and promoting sustainable and prosperous economies.
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    Excellent article on banking, lending, and currency reform initiatives.  Thanks to Marbux!
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