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Gary Edwards

Public unions thrive at taxpayer expense - 1 views

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    The bottom line is that the public unions continue to increase their wages and benefits, inspite of the economic free fall the economy is in, because they ruthlessly use members dues for lobbying and bargaining with politicians who are paying them with "other people's money". CC provides some interesting diagrams describing how the scam works, and, he does point to two solutions being tested in Wisconsin and Indiana. In Wisconsin, gov Walker is trying to end public sector "collective bargaining". While Gov Daniels in Indiana has successfully ended the the requirement that the State deduct union workers membership dues from their pay checks. When given the chance to choose, most union workers chose NOT to pay those dues. The Daniels method seems to be working very well, and is based on an easy to understand Constitutional principle; money earned is personal property, and the individual should have the right to chose what happens to their property. There are some other things that might be tried, although i think the Daniels principle should be an automatic first step taxpayers take to restore Constitutional Rule of Law. .... Break strike threat with non union replacements President Reagan was tested by the public sector unions when they threatened a strike by the thought to be essential and irreplaceable Air Controllers union. Reagan called them on it, and brought in non union replacements to break the strike. Painful, but it worked. ..... Privatization The most basic and Constitutional response is to privatize the service, and turn it over to the open market of competitive contract bids. Works every time, but the awarding of contracts has it's own level of political corruption and influence peddling. Personally i would prefer a grand jury approach to oversight problem involved in the awarding of contracts. Citizens need to be pressed into the task of backstopping political corruption. Any connection of cross channeling of people or t
Gary Edwards

What 1946 Can Tell Us About 2010 - The American, A Magazine of Ideas - 0 views

  • In both cases a Democratic president was proposing and a Democratic Congress was considering proposals to substantially increase the size and scope of government beyond previous peacetime limits.
  • The second similarity is that the Democrats in 1945–1946 were closely allied with labor unions, which were deeply involved in politics and were avidly seeking more members and more bargaining power.
  • The Wagner Act passed in 1935 stimulated the growth of Congress of Industrial Organizations (CIO) unions, which through sitdown strikes (which were plainly illegal) and other tactics organized the major auto, steel, and tire manufacturers between 1937 and 1941.
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  • Unions also emerged as a political force in the war years—and as a political force entangled with the Communist Party.
  • the stimulus package passed in February 2009 allotted one-third of its funds to state and local governments, which helped preserve the jobs of many public sector union members—and the flow of dues money to public-sector union leaders.
  • 1946. The Republican slogan was “Had enough?”—enough inflation, enough high taxes, enough price controls, enough coddling of unions with their frequent strikes and their entanglement with Communists. The Republicans promised to end controls, lower taxes, and restrict labor unions—an unusually coherent program for a party out of power.
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    There are some intriguing similarities between the political situation in 1946 and the political situation today. In the off-year election of 1946, Republicans gained 13 seats in the Senate and emerged with a 51-45 majority there, the largest majority that they enjoyed between 1930 and 1980. They gained 55 seats in the House, giving them a 246-188 majority in that body, the largest majority they have held since 1930. First, Democrats were promising (or threatening) to vastly increase the size and scope of government. Government's share of gross domestic product had risen to over 40% in World War II, and it was obvious that there would be some scaling back. At the same time, the Allied victory in World War II had enhanced the prestige of the state, just as the 1930s Depression weakened faith in free markets. In Britain, the 1942 Beveridge Report urged creating a welfare state after the war, and the Labour Party won a resounding victory in the July 1945 election and promptly proceeded to adopt the Beveridge recommendations and more. In the United States, Franklin Roosevelt in his January 1944 State of the Union address echoed the Beveridge Report. As I pointed out in my 1990 book Our Country: The Shaping of America from Roosevelt to Reagan, he called for "steeply graduated taxes, government controls on crop prices and food prices [and] continued controls on wages . . . Government should guarantee everyone a job, an education, and clothing, housing, medical care, and financial security against the risks of old age and sickness." "True individual freedom," Roosevelt said, "cannot exist without economic security and independence." The similarities between the policy choices facing Congress in 1945-1946 and those facing it in 2009-2010 are obviously far from exact. Nevertheless, there are some. In both cases a Democratic president was proposing and a Democratic Congress was considering proposals to substantially increase the size and scope of gov
Gary Edwards

The Beholden State by Steven Malanga, City Journal Spring 2010 - 1 views

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    The video, "The Beholden State", has become a sensation among California taxpayer groups for its vivid depiction of the audacious power that public-sector unions wield in their state. The unions' political triumphs have molded a California in which government workers thrive at the expense of a struggling private sector. The state's public school teachers are the highest-paid in the nation. Its prison guards can easily earn six-figure salaries. State workers routinely retire at 55 with pensions higher than their base pay for most of their working life. Meanwhile, what was once the most prosperous state now suffers from an unemployment rate far steeper than the nation's and a flood of firms and jobs escaping high taxes and stifling regulations. This toxic combination-high public-sector employee costs and sagging economic fortunes-has produced recurring budget crises in Sacramento and in virtually every municipality in the state. How public employees became members of the elite class in a declining California offers a cautionary tale to the rest of the country, where the same process is happening in slower motion. The story starts half a century ago, when California public workers won bargaining rights and quickly learned how to elect their own bosses-that is, sympathetic politicians who would grant them outsize pay and benefits in exchange for their support. Over time, the unions have turned the state's politics completely in their favor. The result: unaffordable benefits for civil servants; fiscal chaos in Sacramento and in cities and towns across the state; and angry taxpayers finally confronting the unionized masters of California's unsustainable government.
Paul Merrell

Banks pushing for repeal of credit unions' federal tax exemption - Los Angeles Times - 0 views

  • Credit unions have been snatching customers from banks amid consumer frustration over rising fees and outrage over Wall Street's role in the financial crisis.Now banks are fighting back by trying to take away something vital to credit unions — their federal tax exemption.With fast-growing credit unions posing more formidable competition to banks, industry trade groups are pressing the White House and Congress to end a tax break that dates to the Great Depression. "Many tax-exempt credit unions have morphed from serving 'people of small means' to become full-service, financially sophisticated institutions," Frank Keating, president of the American Bankers Assn., wrote to President Obama last month."The time has come to abolish this exemption," Keating said in the letter, which was part of a blitz that included print and radio ads in the nation's capital.
  • Bankers long have complained the tax break is an unfair advantage for large credit unions. Now they see an opportunity to get rid of it as lawmakers begin work on a major overhaul of the tax code that is aimed at eliminating many corporate exemptions and lowering the overall tax rate.The exemption cost $1.6 billion this year in taxes avoided and would rise to $2.2 billion annually in 2018, according to Obama's proposed 2014 budget.In a 2010 report on tax reform, the President's Economic Recovery Advisory Board said eliminating the exemption would raise $19 billion over 10 years and remove the credit unions' "competitive advantage relative to other financial institutions" in the tax code.Credit unions said the effort to take away their tax exemption was simply an attempt to stifle competition and remove one of the only checks on bank fees for consumers.And it comes as some in Congress are pushing to loosen regulations on credit unions so they can expand their business further, including legislation that would lift a cap on the amount of money they can lend to businesses.The tax exemption is crucial to credit unions, which by law can't raise capital through public stock offerings the way that banks can, said Fred R. Becker Jr., president of the National Assn. of Federal Credit Unions, a trade group with about 3,800 federally chartered members."They'll have to convert to banks, which is what the banks want," he said. "Then they'd have, for lack of a better term, a monopoly."
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    So instead of competing on quality and service, banksters aim to eliminate the competition grown by disgruntled bankster customers. Unfortunately, corporate lobbying of government officials is exempt from the anti-trust laws, a consequence of (in my opinion, ill-considered) judicial recognition of a corporate First Amendment right of petition. So once again, we have legal fictions acquiring human rights. Trustees of Dartmouth College v. Woodward, 4 Wheat. 518, 636 (1819) (Marshall, C. J.). ("A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it"). May a corporate charter permissibly bestow the rights of citizenship on an imaginary being? According to latter-day justices of the Supreme Court, corporations have First Amendment rights even if it doesn't say so in the corporate charter. See for example, Citizens United v. Federal Election Com'n, 130 S. Ct. 876 (2010) (chilling effect on "people" used to justify finding a First Amendment right of wholly imaginary corporations). 
Paul Merrell

From Energy War to Currency War: America's Attack on the Russian Ruble | Global Research - 0 views

  • Putin announced that Russia has cancelled the South Stream project on December 1, 2014. Instead the South Stream pipeline project has been replaced by a natural gas pipeline that goes across the Black Sea to Turkey from the Russian Federation’s South Federal District. This alternative pipeline has been popularly billed the «Turk Stream» and partners Russian energy giant Gazprom with Turkey’s Botas. Moreover, Gazprom will start giving Turkey discounts in the purchase of Russian natural gas that will increase with the intensification of Russo-Turkish cooperation. The natural gas deal between Ankara and Moscow creates a win-win situation for both the Turkish and Russian sides. Not only will Ankara get a discount on energy supplies, but Turk Stream gives the Turkish government what it has wanted and desired for years. The Turk Stream pipeline will make Turkey an important energy corridor and transit point, complete with transit revenues. In this case Turkey becomes the corridor between energy supplier Russia and European Union and non-EU energy customers in southeastern Europe. Ankara will gain some leverage over the European Union and have an extra negotiating card with the EU too, because the EU will have to deal with it as an energy broker.
  • For its part, Russia has reduced the risks that it faced in building the South Stream by cancelling the project. Moscow could have wasted resources and time building the South Stream to see the project sanctioned or obstructed in the Balkans by Washington and Brussels. If the European Union really wants Russian natural gas then the Turk Stream pipeline can be expanded from Turkey to Greece, the former Yugoslav Republic (FYR) of Macedonia, Serbia, Hungary, Slovenia, Italy, Austria, and other European countries that want to be integrated into the energy project. The cancellation of South Stream also means that there will be one less alternative energy corridor from Russia to the European Union for some time. This has positive implications for a settlement in Ukraine, which is an important transit route for Russian natural gas to the European Union. As a means of securing the flow of natural gas across Ukrainian territory from Russia, the European Union will be more prone to push the authorities in Kiev to end the conflict in East Ukraine.
  • From the perspective of Russian Presidential Advisor Sergey Glazyev, the US is waging its multi-spectrum war against Russia to ultimately challenge Moscow’s Chinese partners. In an insightful interview, Glazyev explained the following points to the Ukrainian journalist Alyona Berezovskaya — working for a Rossiya Segodnya subsidiary focusing on information involving Ukraine — about the basis for US hostility towards Russia: the bankruptcy of the US, its decline in competitiveness on global markets, and Washington’s inability to ultimately save its financial system by servicing its foreign debt or getting enough investments to establish some sort of innovative economic breakthrough are the reasons why Washington has been going after the Russian Federation. [13] In Glazyev’s own words, the US wants «a new world war». [14] The US needs conflict and confrontation, in other words. This is what the crisis in Ukraine is nurturing in Europe. Sergey Glazyev reiterates the same points months down the road on September 23, 2014 in an article he authors for the magazine Russia in Global Affairs, which is sponsored by the Russian International Affairs Council — a think-tank founded by the Russian Foreign Ministry and Russian Ministry of Education 2010 — and the US journal Foreign Affairs — which is the magazine published by the Council on Foreign Relation in the US. In his article, Glazyev adds that the war Washington is inciting against Russia in Europe may ultimately benefit the Chinese, because the struggle being waged will weaken the US, Russia, and the European Union to the advantage of China. [15] The point of explaining all this is to explain that Russia wants a balanced strategic partnership with China. Glazyev himself even told Berezovskaya in their interview that Russia wants a mutually beneficial relationship with China that does reduce it to becoming a subordinate to Beijing. [16]
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  • It is because of the importance of Irano-Turkish and Russo-Turkish trade and energy ties that Ankara has had an understanding with both Russia and Iran not to let politics and their differences over the Syrian crisis get in the way of their economic ties and business relationships while Washington has tried to disrupt Irano-Turkish and Russo-Turkish trade and energy ties like it has disrupted trade ties between Russia and the EU. [9] Ankara, however, realizes that if it lets politics disrupt its economic ties with Iran and Russia that Turkey itself will become weakened and lose whatever independence it enjoys Masterfully announcing the Russian move while in Ankara, Putin also took the opportunity to ensure that there would be heated conversation inside the EU. Some would call this rubbing salt on the wounds. Knowing that profit and opportunity costs would create internal debate within Bulgaria and the EU, Putin rhetorically asked if Bulgaria was going to be economically compensated by the European Commission for the loss.
  • It is clear that Russian business and trade ties have been redirected to the People’s Republic of China and East Asia. On the occasion of the Sino-Russian mega natural gas deal, this author pointed out that this was not as much a Russian countermove to US economic pressure as it was really a long-term Russian strategy that seeks an increase in trade and ties with East Asia. [10] Vladimir Putin himself also corroborated this standpoint during the December 18 press conference mentioned earlier when he dismissed — like this author — the notion that the so-called «Russian turn to the East» was mainly the result of the crisis in Ukraine. In President Putin’s own words, the process of increasing business ties with the Chinese and East Asia «stems from the global economic processes, because the East – that is, the Asia-Pacific Region – shows faster growth than the rest of the world». [11] If this is not convincing enough that the turn towards East Asia was already in the works for Russia, then Putin makes it categorically clear as he proceeds talking at the December 18 press conference. In reference to the Sino-Russian gas deal and other Russian projects in East Asia, Putin explained the following: «The projects we are working on were planned long ago, even before the most recent problems occurred in the global or Russian economy. We are simply implementing our long-time plans». [12]
  • According to Presidential Advisor Sergey Glazyev, Washington is «trying to destroy and weaken Russia, causing it to fragment, as they need this territory and want to establish control over this entire space». [18] «We have offered cooperation from Lisbon to Vladivostok, whereas they need control to maintain their geopolitical leadership in a competition with China,» he has explained, pointing out that the US wants lordship and is not interested in cooperation. [19] Alluding to former US top diplomat Madeline Albright’s sentiments that Russia was unfairly endowed with vast territory and resources, Putin also spoke along similar lines at his December 18 press conference, explaining how the US wanted to divide Russia and control the abundant natural resources in Russian territory. It is of little wonder that in 2014 a record number of Russian citizens have negative attitudes about relations between their country and the United States. A survey conducted by the Russian Public Opinion Research Center has shown that of 39% of Russian respondents viewed relations with the US as «mostly bad» and 27% as «very bad». [20] This means 66% of Russian respondents have negative views about relations with Washington. This is an inference of the entire Russian population’s views. Moreover, this is the highest rise in negative perceptions about the US since 2008 when the US supported Georgian President Mikheil Saakashvili in Tbilisi’s war against Russia and the breakaway republic of South Ossetia; 40% viewed them as «mostly bad» and 25% of Russians viewed relations as «very bad» and at the time. [21]
  • In more ways than one the Turk Stream pipeline can be viewed as a reconfigured of the failed Nabucco natural gas pipeline. Not only will Turk Stream court Turkey and give Moscow leverage against the European Union, instead of reducing Russian influence as Nabucco was originally intended to do, the new pipeline to Turkey also coaxes Ankara to align its economic and strategic interests with those of Russian interests. This is why, when addressing Nabucco and the rivalries for establishing alternate energy corridors, this author pointed out in 2007 that «the creation of these energy corridors and networks is like a two-edged sword. These geo-strategic fulcrums or energy pivots can also switch their directions of leverage. The integration of infrastructure also leads towards economic integration». [8] The creation of Turk Stream and the strengthening of Russo-Turkish ties may even help placate the gory conflict in Syria. If Iranian natural gas is integrated into the mainframe of Turk Stream through another energy corridor entering Anatolia from Iranian territory, then Turkish interests would be even more tightly aligned with both Moscow and Tehran. Turkey will save itself from the defeats of its neo-Ottoman policies and be able to withdraw from the Syrian crisis. This will allow Ankara to politically realign itself with two of its most important trading partners, Iran and Russia.
  • Whatever Washington’s intentions are, every step that the US takes to target Russia economically will eventually hurt the US economy too. It is also highly unlikely that the policy mandarins in Beijing are unaware of what the US may try to be doing. The Chinese are aware that ultimately it is China and not Russia that is the target of the United States.
  • The United States is waging a fully fledged economic war against the Russian Federations and its national economy. Ultimately, all Russians are collectively the target. The economic sanctions are nothing more than economic warfare. If the crisis in Ukraine did not happen, another pretext would have been found for assaulting Russia. Both US Assistant-Secretary of State Victoria Nuland and US Assistant-Secretary of the Treasury Daniel Glaser even told the Foreign Affairs Committee of the US House of Representatives in May 2014 that the ultimate objectives of the US economic sanctions against Russia are to make the Russian population so miserable and desperate that they would eventually demand that the Kremlin surrender to the US and bring about «political change». «Political change» can mean many things, but what it most probably implies here is regime change in Moscow. In fact, the aims of the US do not even appear to be geared at coercing the Russian government to change its foreign policy, but to incite regime change in Moscow and to cripple the Russian Federation entirely through the instigation of internal divisions. This is why maps of a divided Russia are being circulated by Radio Free Europe. [17]
  • Without question, the US wants to disrupt the strategic partnership between Beijing and Moscow. Moscow’s strategic long-term planning and Sino-Russian cooperation has provided the Russia Federation with an important degree of economic and strategic insulation from the economic warfare being waged against the Russian national economy. Washington, however, may also be trying to entice the Chinese to overplay their hand as Russia is economically attacked. In this context, the price drops in the energy market may also be geared at creating friction between Beijing and Moscow. In part, the manipulation of the energy market and the price drops could seek to weaken and erode Sino-Russian relations by coaxing the Chinese into taking steps that would tarnish their excellent ties with their Russian partners. The currency war against the Russian ruble may also be geared towards this too. In other words, Washington may be hoping that China becomes greedy and shortsighted enough to make an attempt to take advantage of the price drop in energy prices in the devaluation of the Russian ruble.
  • Russia can address the economic warfare being directed against its national economy and society as a form of «economic terrorism». If Russia’s banks and financial institutions are weakened with the aim of creating financial collapse in the Russian Federation, Moscow can introduce fiscal measures to help its banks and financial sector that could create economic shockwaves in the European Union and North America. Speaking in hypothetical terms, Russia has lots of options for a financial defensive or counter-offensive that can be compared to its scorched earth policies against Western European invaders during the Napoleonic Wars, the First World War, and the Second World War. If Russian banks and institutions default and do not pay or delay payment of their derivative debts and justify it on the basis of the economic warfare and economic terrorism, there would be a financial shock and tsunami that would vertebrate from the European Union to North America. This scenario has some parallels to the steps that Argentina is taken to sidestep the vulture funds.
  • The currency war eventually will rebound on Washington and Wall Street. The energy war will also reverse directions. Already, the Kremlin has made it clear that it and a coalition of other countries will de-claw the US in the currency market through a response that will neutralize US financial manipulation and the petro-dollar. In the words of Sergey Glazyev, Moscow is thinking of a «systemic and comprehensive» response «aimed at exposing and ending US political domination, and, most importantly, at undermining US military-political power based on the printing of dollars as a global currency». [22] His solution includes the creation of «a coalition of sound forces advocating stability — in essence, a global anti-war coalition with a positive plan for rearranging the international financial and economic architecture on the principles of mutual benefit, fairness, and respect for national sovereignty». [23] The coming century will not be the «American Century» as the neo-conservatives in Washington think. It will be a «Eurasian Century». Washington has taken on more than it can handle, this may be why the US government has announced an end to its sanctions regime against Cuba and why the US is trying to rekindle trade ties with Iran. Despite this, the architecture of the post-Second World War or post-1945 global order is now in its death bed and finished. This is what the Kremlin and Putin’s presidential spokesman and press secretary Dmitry Peskov mean when they impart—as Peskov stated to Rossiya-24 in a December 17, 2014 interview — that the year 2014 has finally led to «a paradigm shift in the international system».
Paul Merrell

NUJ members under police surveillance mount collective legal challenge - National Union... - 0 views

  • Six NUJ members have discovered that their lawful journalistic and union activities are being monitored and recorded by the Metropolitan Police. They are now taking legal action against the Metropolitan Police Commissioner and the Home Secretary to challenge this ongoing police surveillance. The NUJ members involved in the legal challenge include Jules Mattsson, Mark Thomas, Jason Parkinson, Jess Hurd, David Hoffman and Adrian Arbib. All of them have worked on media reports that have exposed corporate and state misconduct and they have each also previously pursued litigation or complaints arising from police misconduct. In many of those cases, the Metropolitan Police Commissioner has been forced to pay damages, apologise and admit liability to them after their journalistic rights were curtailed by his officers at public events.
  • The surveillance was revealed as part of an ongoing campaign, which began in 2008, during which NUJ members have been encouraged to obtain data held about them by the authorities including the Metropolitan Police 'National Domestic Extremism and Disorder Intelligence Unit' (NDEDIU). The supposed purpose of the unit is to monitor and police so called 'domestic extremism'. In the course of the campaign, a number of NUJ members have obtained data held about them and the union fears there are many more journalists and union members being monitored.
  • The NUJ has instructed Bhatt Murphy Solicitors to pursue the case. The cases raise significant and wide-ranging concerns about: the impact on privacy, the chilling effect on the ability of NUJ members and journalists to do their jobs, and their ability to take part in legitimate trade union activity. The claim challenges the surveillance and retention of data on the basis that it is unnecessary, disproportionate and not in accordance with the law. Journalists and union members have no way of knowing the circumstances in which their activities are monitored, retained, disclosed and systematically stored on secret police 'domestic extremism' databases. The NUJ continues to offer support and assistance to the members involved and extends its support to other media workers who may be affected. The union is extremely concerned by the lack of legal safeguards to protect the press and trade unions from state interference, and believes the actions of the authorities do not abide by domestic law and the European Convention on Human Rights, including Article 8 on privacy, Article 10 on freedom of expression and Article 11 on freedom of assembly and association.
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  • I'm A Photographer Not A Terrorist – NUJ supported campaign. Met's journalist files include details of sexual orientation, childhood and family medical history - Jules MattssonTimes journalist Jules Mattsson is one of six members of the NUJ to launch a legal challenge against the Metropolitan Police after finding that it keeps surveillance files on them in a database of Domestic Extremism. When police spy on journalists like me, freedom is at risk - Jason N ParkinsonPersistent requests under the Data Protection Act revealed that files were kept on journalists who were simply doing their job IFJ backs legal challenge by journalists over police surveillance in UKThe International Federation of Journalists has joined in supporting six NUJ members who have taken legal action against the Metropolitan Police and the Home Secretary. The legal challenge concerns the monitoring and recording of their lawful journalistic and union activities.
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    Two excellent short videos on this page. It's disturbing that police are ignoring the EU Convention on Human Rights. Related, legislation is currently in Parliament to grant the government the power to censor any form of "extremism" on the Web, with the term "extremism" left undefined.   Civil liberties have been under attack in the UK for at least 1,000 years. Time for a new Magna Carta?
Gary Edwards

Is democracy a trade barrier? | European Public Affairs - 0 views

  • The United States and the European Union (EU) are negotiating a trade agreement, the Transatlantic Trade and Investment Partnership (TTIP). The aim is to lower trade barriers. Unfortunately those ‘barriers’ include not just traditional trade tariffs and quotas, but also the laws your elected representatives make.
  • This is why the fight against TTIP is a fight for democracy. It is not about protectionism, but rather the protection of our democratic laws over their business interests.
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    "In a democracy, elected representatives make laws. But with new trade agreements, businesses could co-write legislation. The United States and the European Union (EU) are negotiating a trade agreement, the Transatlantic Trade and Investment Partnership (TTIP). The aim is to lower trade barriers. Unfortunately those 'barriers' include not just traditional trade tariffs and quotas, but also the laws your elected representatives make. For example, Pierre Defraigne, former Deputy Director-General in the EU Commission Department responsible for Trade, sees the core battle of TTIP is over "the norms and standards in terms of environmental, health and consumer protection". This is why the fight against TTIP is a fight for democracy. It is not about protectionism, but rather the protection of our democratic laws over their business interests. If TTIP was to be signed, two new doors will be opened for businesses to influence legislation: 1. Firstly, regulatory co-operation will give access to industry before laws are to be signed. This means regulators and stakeholders work together for the convergence of laws across the Atlantic. 2. And secondly, once laws are enacted, private investors can sue the EU or US in private tribunals, outside of national courts (known as ISDS or investor-state dispute settlement). The example of the chemical Bisphenol A illustrates what both these 'open doors' for business could mean in practice. Used in everything from water bottles to the lining of food cans, Bisphenol A is one of the most ubiquitous endocrine disruptors. As such, it disrupts the hormonal system of the body, which is responsible for all vital features such as growth, sexual development, and even behaviour. Its presence in the natural world is already felt: two out of three fish caught in Austrian rivers are now female. Bisphenol A has been banned in France since 1st January 2015. This ban goes further than the existing EU ban. Meanwhile, Bisphenol A is stil
Gary Edwards

RSA Animate - Crises of Capitalism - YouTube - 0 views

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    Excellent white board illustrated discussion on capitalism and the financial crisis.   I have a question though?  How do you discuss capitalism without also discussing borrowing, interest rates and dividends?  Seriously.  No mention of interest rates?  No mention of the relationship between GOLD, commodities and fiat money?   Yes, the Banksters collapsed the world economy with the willing consent of corrupt crony politicians.   The corruption and practice of crony corporatism is NOT Capitalism!  It's fascism.   Nor are the bailouts of the Banksters and big unions capitalism!  In capitalism there is no such thing as a government bailout or two big too fail.  Capitalism would have put the Banksters into the dirt without blinking. There is an interesting transection where the cartoonist suggest that global corporatism demanded capital from creative financiers.  And that caused the the problem.  Seems the Banksters got too too creative. I disagree with this perspective, and am left wondering how the connection between global commerce and creative "casino" financial instruments are natural consequences of each other?  It's a commonly held belief that global explosion was due to the a Reagan - Thatcher conservative revolution where one of the key corporate organizing principles was that of the "franchise" backed by IPO style public stock offerings.  Clowns like Warren Buffett gobbled up tons of Coca Cola and McDonalds stock, waiting for global trade barriers to fall in the wake of Reagan - Thatcher liberty.  When the Soviet Union collapsed, the "walls" truly did come down.  And USA corporations were uniquely positioned and structured to roll out globally. That doesn't have anything to do with the kind of creative casino gambling that brought the world to it's knees.  What do exotic financial derivatives have to do with funding corporations?  Yes, they were used to hedge financial positions as sovereign governments were maddeningly borrowing and s
Paul Merrell

Brazil Looks to Break from U.S.-Centric Internet | TIME.com - 0 views

  • Brazil plans to divorce itself from the U.S.-centric Internet over Washington’s widespread online spying, a move that many experts fear will be a potentially dangerous first step toward fracturing a global network built with minimal interference by governments. President Dilma Rousseff ordered a series of measures aimed at greater Brazilian online independence and security following revelations that the U.S. National Security Agency intercepted her communications, hacked into the state-owned Petrobras oil company’s network and spied on Brazilians who entrusted their personal data to U.S. tech companies such as Facebook and Google. The leader is so angered by the espionage that on Tuesday she postponed next month’s scheduled trip to Washington, where she was to be honored with a state dinner. Internet security and policy experts say the Brazilian government’s reaction to information leaked by former NSA contractor Edward Snowden is understandable, but warn it could set the Internet on a course of Balkanization.
  • “The global backlash is only beginning and will get far more severe in coming months,” said Sascha Meinrath, director of the Open Technology Institute at the Washington-based New America Foundation think tank. “This notion of national privacy sovereignty is going to be an increasingly salient issue around the globe.” While Brazil isn’t proposing to bar its citizens from U.S.-based Web services, it wants their data to be stored locally as the nation assumes greater control over Brazilians’ Internet use to protect them from NSA snooping. The danger of mandating that kind of geographic isolation, Meinrath said, is that it could render inoperable popular software applications and services and endanger the Internet’s open, interconnected structure.
  • The effort by Latin America’s biggest economy to digitally isolate itself from U.S. spying not only could be costly and difficult, it could encourage repressive governments to seek greater technical control over the Internet to crush free expression at home, experts say. In December, countries advocating greater “cyber-sovereignty” pushed for such control at an International Telecommunications Union meeting in Dubai, with Western democracies led by the United States and the European Union in opposition.
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  • Rousseff says she intends to push for international rules on privacy and security in hardware and software during the U.N. General Assembly meeting later this month. Among Snowden revelations: the NSA has created backdoors in software and Web-based services. Brazil is now pushing more aggressively than any other nation to end U.S. commercial hegemony on the Internet. More than 80 percent of online search, for example, is controlled by U.S.-based companies. Most of Brazil’s global Internet traffic passes through the United States, so Rousseff’s government plans to lay underwater fiber optic cable directly to Europe and also link to all South American nations to create what it hopes will be a network free of U.S. eavesdropping.
  • More communications integrity protection is expected when Telebras, the state-run telecom company, works with partners to oversee the launch in 2016 of Brazil’s first communications satellite, for military and public Internet traffic. Brazil’s military currently relies on a satellite run by Embratel, which Mexican billionaire Carlos Slim controls. Rousseff is urging Brazil’s Congress to compel Facebook, Google and all companies to store data generated by Brazilians on servers physically located inside Brazil in order to shield it from the NSA. If that happens, and other nations follow suit, Silicon Valley’s bottom line could be hit by lost business and higher operating costs: Brazilians rank No. 3 on Facebook and No. 2 on Twitter and YouTube. An August study by a respected U.S. technology policy nonprofit estimated the fallout from the NSA spying scandal could cost the U.S. cloud computing industry, which stores data remotely to give users easy access from any device, as much as $35 billion by 2016 in lost business.
  • Brazil also plans to build more Internet exchange points, places where vast amounts of data are relayed, in order to route Brazilians’ traffic away from potential interception. And its postal service plans by next year to create an encrypted email service that could serve as an alternative to Gmail and Yahoo!, which according to Snowden-leaked documents are among U.S. tech giants that have collaborated closely with the NSA. “Brazil intends to increase its independent Internet connections with other countries,” Rousseff’s office said in an emailed response to questions from The Associated Press on its plans. It cited a “common understanding” between Brazil and the European Union on data privacy, and said “negotiations are underway in South America for the deployment of land connections between all nations.” It said Brazil plans to boost investment in home-grown technology and buy only software and hardware that meet government data privacy specifications.
  • While the plans’ technical details are pending, experts say they will be costly for Brazil and ultimately can be circumvented. Just as people in China and Iran defeat government censors with tools such as “proxy servers,” so could Brazilians bypass their government’s controls. International spies, not just from the United States, also will adjust, experts said. Laying cable to Europe won’t make Brazil safer, they say. The NSA has reportedly tapped into undersea telecoms cables for decades. Meinrath and others argue that what’s needed instead are strong international laws that hold nations accountable for guaranteeing online privacy.
  • “There’s nothing viable that Brazil can really do to protect its citizenry without changing what the U.S. is doing,” he said. Matthew Green, a Johns Hopkins computer security expert, said Brazil won’t protect itself from intrusion by isolating itself digitally. It will also be discouraging technological innovation, he said, by encouraging the entire nation to use a state-sponsored encrypted email service. “It’s sort of like a Soviet socialism of computing,” he said, adding that the U.S. “free-for-all model works better.”
  •  
    So both Brazil and the European Union are planning to boycott the U.S.-based cloud industry, seizing on the NSA's activities as legal grounds. Under the various GATT series of trade agreements, otherwise forbidden discriminatory actions taken that restrict trade in aid of national security are exempt from redress through the World Trade Organization Dispute Resolution Process. So the NSA voyeurs can add legalizing economic digital discrimination against the U.S. to its score card.
Paul Merrell

AIPAC's Annus Horribilis? by Jim Lobe -- Antiwar.com - 0 views

  • The year of 2014 is starting well for the American Israel Public Affairs Committee (AIPAC), the premier organization of this country’s Israel lobby. Not only has it been clearly and increasingly decisively defeated – at least for now and the immediate future – in its bid to persuade a filibuster-proof, let alone a veto-proof, super-majority of senators to approve the Kirk-Menendez “Wag the Dog” Act that was designed to torpedo the Nov. 24 “Joint Plan of Action” (JPA) between Iran and the P5+1. It has also drawn a spate of remarkably unfavorable publicity, a particularly damaging development for an organization that, as one of its former top honchos, Steve Rosen, once put it, like “a night flower, … thrives in the dark and dies in the sun.”
  • The result: AIPAC and its supporters hit a brick wall at 59, unable even to muster the 60 needed to invoke cloture against a possible filibuster, let alone the 77 senators that AIPAC-friendly Congressional staff claimed at one point were either publicly or privately committed to vote for the bill if it reached the floor. By late this week, half a dozen of the 16 Democrats who had co-sponsored the bill were retreating from it as fast as their senatorial dignity would permit. And while none has yet disavowed their co-sponsorship, more than a handful now have (disingenuously, in my view) insisted that they either don’t believe that the bill should be voted on while negotiations are ongoing; that they had never intended to undercut the president’s negotiating authority; or, most originally, that they believed the mere introduction of the bill would provide additional leverage to Obama (Michael Bennet of Colorado) in the negotiations. Even the bill’s strongest proponents, such as Oklahoma’s Jim Inhofe, conceded, as he did to the National Journal after Obama repeated his veto threat in his State of the Union Address Tuesday: “The question is, is there support to override a veto on that? I say, ‘No.’” The Democratic retreat is particularly worrisome for AIPAC precisely because its claim to “bipartisanship” is looking increasingly dubious, a point underlined by Peter Beinart in a Haaretz op-ed this week that urged Obama to boycott this year’s AIPAC policy conference that will take place a mere five weeks from now. (This is the nightmare scenario for Rosen who noted in an interview with the JTA’s Ron Kampeas last week that the group’s failure to procure a high-level administration speaker for its annual conference “would be devastating to AIPAC’s image of bipartisanship.”) According to Beinart:
  • Consider first what happened with the Kirk-Menendez sanctions bill, named for the two biggest beneficiaries of “pro-Israel” PACs closely associated with AIPAC in the Congressional campaigns of 2010 and 2012, respectively. Introduced on the eve of the Christmas recess, the bill then had 26 co-sponsors, equally divided between Democrats and Republicans, giving it an attractive bipartisan cast – the kind of bipartisanship that AIPAC has long sought to maintain despite the group’s increasingly Likudist orientation and the growing disconnect within the Democratic Party between its strongly pro-Israel elected leadership and more skeptical base, especially its younger activists, both Jewish and gentile. By the second week of January, it had accumulated an additional 33 co-sponsors, bringing the total to 59 and theoretically well within striking distance of the magic 67 needed to override a presidential veto. At that point, however, its momentum stalled as a result of White House pressure (including warnings that a veto would indeed be cast); the alignment behind Obama of ten Senate Committee chairs, including Carl Levin of the Armed Services Committee and Dianne Feinstein of the Intelligence Committee; public denunciation of the bill by key members of the foreign policy elite; and a remarkably strong grassroots campaign by several reputable national religious, peace, and human-rights groups (including, not insignificantly, J Street and Americans for Peace Now), whose phone calls and emails to Senate offices opposing the bill outnumbered those in favor by a factor of ten or more.
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  • Of course, none of this means that the battle over Iran policy is won, but it does suggest that AIPAC’s membership has some serious thinking to do about the group’s relationship to Democrats and to the broader Jewish community. Nor does it necessarily mean that we have finally reached a “tipping point” regarding the lobby’s hold over Congress and U.S. Middle East policy. But this is unquestionably a significant moment. (Rosenberg has a good analysis about AIPAC’s defeat out on HuffPo today that is well worth reading.)
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    There's more detail not quoted, but AIPAC (and the War Party) are indeed having a horrible year, already.  Perhaps worst of all for AIPAC, even mainstream media is now willing to discuss AIPAC's blunder. See e.g.,  http://www.huffingtonpost.com/mj-rosenberg/obama-state-of-the-union-iran_b_4702457.html ("AIPAC's hopes to override Obama's veto ended with a whimper, AIPAC's whimper.") When even mainstream pundits are willing to discuss AIPAC's blunder in public, that's a spotlight on an organism that can't stand the light. 
Gary Edwards

The worst rise to the top - Mises Economic Blog - 0 views

  •  
    Very interesting post from Douglas French concerning the repubican primaries and F.A. Hayek's "Road to Serfom" comments on modern politics. Fascinating stuff. Hayek argues that, in politics, "the worst rise to the top", and he outlines three reasons why: .... Choosing is the problem. Informed people are more "nuanced" - they have many divergent opinions and views. Uniformity however drives the group dynamics behind a democratic process. Uniformity of opinion rules, and the less informed a person is, the more uniform and drawn to larger groups they will be. The "lowest common denominator" rule rules the democratic process. Mobocracy at work. .... Those on top, pursuing the political leadership positions, must appeal to the masses and weave together the groups driven by the "lowest common denominator" rule. The docile and gullible "are ready to accept whatever values and ideology drummed into them". Advantage to big media, the socialist assemblage ruling public education, and public workers unions. ..... Third, political leaders "don't promote a positive agenda, but a negative one of hating an enemy and envy of the wealthy. To appeal to the masses, leaders preach an "us" against "them" program." The great unwashed and uninformed being guided and driven "by emotion and passion rather than critical thinking." Not sure i agree with any of this, much as i admire and recognize the importance of Hayek and his seminal, game changing "Road to Serfdom". One reason is that some of the most informed people i know are goose stepping socialist hell bent on ending individual liberty - as in "life, liberty and the pursuit of happiness", in exchange for Marxist social equality. Another reason i would disagree is that the salt of the earth "bitter clingers" Reagan Conservatives that rock the Tea Party movement are exactly what the establishment elites call the "uninformed masses". Not sure if that's what Hayek meant, but his viewpoint does look a
Paul Merrell

US pushing local cops to stay mum on surveillance - Yahoo News - 0 views

  • WASHINGTON (AP) -- The Obama administration has been quietly advising local police not to disclose details about surveillance technology they are using to sweep up basic cellphone data from entire neighborhoods, The Associated Press has learned. Citing security reasons, the U.S. has intervened in routine state public records cases and criminal trials regarding use of the technology. This has resulted in police departments withholding materials or heavily censoring documents in rare instances when they disclose any about the purchase and use of such powerful surveillance equipment. Federal involvement in local open records proceedings is unusual. It comes at a time when President Barack Obama has said he welcomes a debate on government surveillance and called for more transparency about spying in the wake of disclosures about classified federal surveillance programs.
  • One well-known type of this surveillance equipment is known as a Stingray, an innovative way for law enforcement to track cellphones used by suspects and gather evidence. The equipment tricks cellphones into identifying some of their owners' account information, like a unique subscriber number, and transmitting data to police as if it were a phone company's tower. That allows police to obtain cellphone information without having to ask for help from service providers, such as Verizon or AT&T, and can locate a phone without the user even making a call or sending a text message. But without more details about how the technology works and under what circumstances it's used, it's unclear whether the technology might violate a person's constitutional rights or whether it's a good investment of taxpayer dollars. Interviews, court records and public-records requests show the Obama administration is asking agencies to withhold common information about the equipment, such as how the technology is used and how to turn it on. That pushback has come in the form of FBI affidavits and consultation in local criminal cases.
  • "These extreme secrecy efforts are in relation to very controversial, local government surveillance practices using highly invasive technology," said Nathan Freed Wessler, a staff attorney with the American Civil Liberties Union, which has fought for the release of these types of records. "If public participation means anything, people should have the facts about what the government is doing to them." Harris Corp., a key manufacturer of this equipment, built a secrecy element into its authorization agreement with the Federal Communications Commission in 2011. That authorization has an unusual requirement: that local law enforcement "coordinate with the FBI the acquisition and use of the equipment." Companies like Harris need FCC authorization in order to sell wireless equipment that could interfere with radio frequencies. A spokesman from Harris Corp. said the company will not discuss its products for the Defense Department and law enforcement agencies, although public filings showed government sales of communications systems such as the Stingray accounted for nearly one-third of its $5 billion in revenue. "As a government contractor, our solutions are regulated and their use is restricted," spokesman Jim Burke said.
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  • Local police agencies have been denying access to records about this surveillance equipment under state public records laws. Agencies in San Diego, Chicago and Oakland County, Michigan, for instance, declined to tell the AP what devices they purchased, how much they cost and with whom they shared information. San Diego police released a heavily censored purchasing document. Oakland officials said police-secrecy exemptions and attorney-client privilege keep their hands tied. It was unclear whether the Obama administration interfered in the AP requests. "It's troubling to think the FBI can just trump the state's open records law," said Ginger McCall, director of the open government project at the Electronic Privacy Information Center. McCall suspects the surveillance would not pass constitutional muster. "The vast amount of information it sweeps in is totally irrelevant to the investigation," she said.
  • A court case challenging the public release of information from the Tucson Police Department includes an affidavit from an FBI special agent, Bradley Morrison, who said the disclosure would "result in the FBI's inability to protect the public from terrorism and other criminal activity because through public disclosures, this technology has been rendered essentially useless for future investigations." Morrison said revealing any information about the technology would violate a federal homeland security law about information-sharing and arms-control laws — legal arguments that that outside lawyers and transparency experts said are specious and don't comport with court cases on the U.S. Freedom of Information Act. The FBI did not answer questions about its role in states' open records proceedings.
  • But a former Justice Department official said the federal government should be making this argument in federal court, not a state level where different public records laws apply. "The federal government appears to be attempting to assert a federal interest in the information being sought, but it's going about it the wrong way," said Dan Metcalfe, the former director of the Justice Department's office of information and privacy. Currently Metcalfe is the executive director of American University's law school Collaboration on Government Secrecy project. A criminal case in Tallahassee cites the same homeland security laws in Morrison's affidavit, court records show, and prosecutors told the court they consulted with the FBI to keep portions of a transcript sealed. That transcript, released earlier this month, revealed that Stingrays "force" cellphones to register their location and identifying information with the police device and enables officers to track calls whenever the phone is on.
  • One law enforcement official familiar with the Tucson lawsuit, who spoke on condition of anonymity because the official was not authorized to speak about internal discussions, said federal lawyers told Tucson police they couldn't hand over a PowerPoint presentation made by local officers about how to operate the Stingray device. Federal officials forwarded Morrison's affidavit for use in the Tucson police department's reply to the lawsuit, rather than requesting the case be moved to federal court. In Sarasota, Florida, the U.S. Marshals Service confiscated local records on the use of the surveillance equipment, removing the documents from the reach of Florida's expansive open-records law after the ACLU asked under Florida law to see the documents. The ACLU has asked a judge to intervene. The Marshals Service said it deputized the officer as a federal agent and therefore the records weren't accessible under Florida law.
  •  
    The Florida case is particularly interesting because Florida is within the jurisdiction of the U.S. Eleventh Circuit Court of Appeals, which has just ruled that law enforcement must obtain a search warrant from a court before using equipment to determine a cell phone's location.  
Paul Merrell

CURIA - Documents - 0 views

  • 37      It must be stated that the interference caused by Directive 2006/24 with the fundamental rights laid down in Articles 7 and 8 of the Charter is, as the Advocate General has also pointed out, in particular, in paragraphs 77 and 80 of his Opinion, wide-ranging, and it must be considered to be particularly serious. Furthermore, as the Advocate General has pointed out in paragraphs 52 and 72 of his Opinion, the fact that data are retained and subsequently used without the subscriber or registered user being informed is likely to generate in the minds of the persons concerned the feeling that their private lives are the subject of constant surveillance.
  • 43      In this respect, it is apparent from recital 7 in the preamble to Directive 2006/24 that, because of the significant growth in the possibilities afforded by electronic communications, the Justice and Home Affairs Council of 19 December 2002 concluded that data relating to the use of electronic communications are particularly important and therefore a valuable tool in the prevention of offences and the fight against crime, in particular organised crime. 44      It must therefore be held that the retention of data for the purpose of allowing the competent national authorities to have possible access to those data, as required by Directive 2006/24, genuinely satisfies an objective of general interest.45      In those circumstances, it is necessary to verify the proportionality of the interference found to exist.46      In that regard, according to the settled case-law of the Court, the principle of proportionality requires that acts of the EU institutions be appropriate for attaining the legitimate objectives pursued by the legislation at issue and do not exceed the limits of what is appropriate and necessary in order to achieve those objectives (see, to that effect, Case C‑343/09 Afton Chemical EU:C:2010:419, paragraph 45; Volker und Markus Schecke and Eifert EU:C:2010:662, paragraph 74; Cases C‑581/10 and C‑629/10 Nelson and Others EU:C:2012:657, paragraph 71; Case C‑283/11 Sky Österreich EU:C:2013:28, paragraph 50; and Case C‑101/12 Schaible EU:C:2013:661, paragraph 29).
  • 67      Article 7 of Directive 2006/24, read in conjunction with Article 4(1) of Directive 2002/58 and the second subparagraph of Article 17(1) of Directive 95/46, does not ensure that a particularly high level of protection and security is applied by those providers by means of technical and organisational measures, but permits those providers in particular to have regard to economic considerations when determining the level of security which they apply, as regards the costs of implementing security measures. In particular, Directive 2006/24 does not ensure the irreversible destruction of the data at the end of the data retention period.68      In the second place, it should be added that that directive does not require the data in question to be retained within the European Union, with the result that it cannot be held that the control, explicitly required by Article 8(3) of the Charter, by an independent authority of compliance with the requirements of protection and security, as referred to in the two previous paragraphs, is fully ensured. Such a control, carried out on the basis of EU law, is an essential component of the protection of individuals with regard to the processing of personal data (see, to that effect, Case C‑614/10 Commission v Austria EU:C:2012:631, paragraph 37).69      Having regard to all the foregoing considerations, it must be held that, by adopting Directive 2006/24, the EU legislature has exceeded the limits imposed by compliance with the principle of proportionality in the light of Articles 7, 8 and 52(1) of the Charter.
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  • 58      Directive 2006/24 affects, in a comprehensive manner, all persons using electronic communications services, but without the persons whose data are retained being, even indirectly, in a situation which is liable to give rise to criminal prosecutions. It therefore applies even to persons for whom there is no evidence capable of suggesting that their conduct might have a link, even an indirect or remote one, with serious crime. Furthermore, it does not provide for any exception, with the result that it applies even to persons whose communications are subject, according to rules of national law, to the obligation of professional secrecy. 59      Moreover, whilst seeking to contribute to the fight against serious crime, Directive 2006/24 does not require any relationship between the data whose retention is provided for and a threat to public security and, in particular, it is not restricted to a retention in relation (i) to data pertaining to a particular time period and/or a particular geographical zone and/or to a circle of particular persons likely to be involved, in one way or another, in a serious crime, or (ii) to persons who could, for other reasons, contribute, by the retention of their data, to the prevention, detection or prosecution of serious offences.
  • 1        These requests for a preliminary ruling concern the validity of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ 2006 L 105, p. 54).
  • Digital Rights Ireland Ltd (C‑293/12)vMinister for Communications, Marine and Natural Resources,Minister for Justice, Equality and Law Reform,Commissioner of the Garda Síochána,Ireland,The Attorney General,intervener:Irish Human Rights Commission, andKärntner Landesregierung (C‑594/12),Michael Seitlinger,Christof Tschohl and others,
  • JUDGMENT OF THE COURT (Grand Chamber)8 April 2014 (*)(Electronic communications — Directive 2006/24/EC — Publicly available electronic communications services or public communications networks services — Retention of data generated or processed in connection with the provision of such services — Validity — Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European Union)In Joined Cases C‑293/12 and C‑594/12,
  • 34      As a result, the obligation imposed by Articles 3 and 6 of Directive 2006/24 on providers of publicly available electronic communications services or of public communications networks to retain, for a certain period, data relating to a person’s private life and to his communications, such as those referred to in Article 5 of the directive, constitutes in itself an interference with the rights guaranteed by Article 7 of the Charter. 35      Furthermore, the access of the competent national authorities to the data constitutes a further interference with that fundamental right (see, as regards Article 8 of the ECHR, Eur. Court H.R., Leander v. Sweden, 26 March 1987, § 48, Series A no 116; Rotaru v. Romania [GC], no. 28341/95, § 46, ECHR 2000-V; and Weber and Saravia v. Germany (dec.), no. 54934/00, § 79, ECHR 2006-XI). Accordingly, Articles 4 and 8 of Directive 2006/24 laying down rules relating to the access of the competent national authorities to the data also constitute an interference with the rights guaranteed by Article 7 of the Charter. 36      Likewise, Directive 2006/24 constitutes an interference with the fundamental right to the protection of personal data guaranteed by Article 8 of the Charter because it provides for the processing of personal data.
  • 65      It follows from the above that Directive 2006/24 does not lay down clear and precise rules governing the extent of the interference with the fundamental rights enshrined in Articles 7 and 8 of the Charter. It must therefore be held that Directive 2006/24 entails a wide-ranging and particularly serious interference with those fundamental rights in the legal order of the EU, without such an interference being precisely circumscribed by provisions to ensure that it is actually limited to what is strictly necessary.66      Moreover, as far as concerns the rules relating to the security and protection of data retained by providers of publicly available electronic communications services or of public communications networks, it must be held that Directive 2006/24 does not provide for sufficient safeguards, as required by Article 8 of the Charter, to ensure effective protection of the data retained against the risk of abuse and against any unlawful access and use of that data. In the first place, Article 7 of Directive 2006/24 does not lay down rules which are specific and adapted to (i) the vast quantity of data whose retention is required by that directive, (ii) the sensitive nature of that data and (iii) the risk of unlawful access to that data, rules which would serve, in particular, to govern the protection and security of the data in question in a clear and strict manner in order to ensure their full integrity and confidentiality. Furthermore, a specific obligation on Member States to establish such rules has also not been laid down.
  • 60      Secondly, not only is there a general absence of limits in Directive 2006/24 but Directive 2006/24 also fails to lay down any objective criterion by which to determine the limits of the access of the competent national authorities to the data and their subsequent use for the purposes of prevention, detection or criminal prosecutions concerning offences that, in view of the extent and seriousness of the interference with the fundamental rights enshrined in Articles 7 and 8 of the Charter, may be considered to be sufficiently serious to justify such an interference. On the contrary, Directive 2006/24 simply refers, in Article 1(1), in a general manner to serious crime, as defined by each Member State in its national law.61      Furthermore, Directive 2006/24 does not contain substantive and procedural conditions relating to the access of the competent national authorities to the data and to their subsequent use. Article 4 of the directive, which governs the access of those authorities to the data retained, does not expressly provide that that access and the subsequent use of the data in question must be strictly restricted to the purpose of preventing and detecting precisely defined serious offences or of conducting criminal prosecutions relating thereto; it merely provides that each Member State is to define the procedures to be followed and the conditions to be fulfilled in order to gain access to the retained data in accordance with necessity and proportionality requirements.
  • 55      The need for such safeguards is all the greater where, as laid down in Directive 2006/24, personal data are subjected to automatic processing and where there is a significant risk of unlawful access to those data (see, by analogy, as regards Article 8 of the ECHR, S. and Marper v. the United Kingdom, § 103, and M. K. v. France, 18 April 2013, no. 19522/09, § 35).56      As for the question of whether the interference caused by Directive 2006/24 is limited to what is strictly necessary, it should be observed that, in accordance with Article 3 read in conjunction with Article 5(1) of that directive, the directive requires the retention of all traffic data concerning fixed telephony, mobile telephony, Internet access, Internet e-mail and Internet telephony. It therefore applies to all means of electronic communication, the use of which is very widespread and of growing importance in people’s everyday lives. Furthermore, in accordance with Article 3 of Directive 2006/24, the directive covers all subscribers and registered users. It therefore entails an interference with the fundamental rights of practically the entire European population. 57      In this respect, it must be noted, first, that Directive 2006/24 covers, in a generalised manner, all persons and all means of electronic communication as well as all traffic data without any differentiation, limitation or exception being made in the light of the objective of fighting against serious crime.
  • 62      In particular, Directive 2006/24 does not lay down any objective criterion by which the number of persons authorised to access and subsequently use the data retained is limited to what is strictly necessary in the light of the objective pursued. Above all, the access by the competent national authorities to the data retained is not made dependent on a prior review carried out by a court or by an independent administrative body whose decision seeks to limit access to the data and their use to what is strictly necessary for the purpose of attaining the objective pursued and which intervenes following a reasoned request of those authorities submitted within the framework of procedures of prevention, detection or criminal prosecutions. Nor does it lay down a specific obligation on Member States designed to establish such limits. 63      Thirdly, so far as concerns the data retention period, Article 6 of Directive 2006/24 requires that those data be retained for a period of at least six months, without any distinction being made between the categories of data set out in Article 5 of that directive on the basis of their possible usefulness for the purposes of the objective pursued or according to the persons concerned.64      Furthermore, that period is set at between a minimum of 6 months and a maximum of 24 months, but it is not stated that the determination of the period of retention must be based on objective criteria in order to ensure that it is limited to what is strictly necessary.
  • 52      So far as concerns the right to respect for private life, the protection of that fundamental right requires, according to the Court’s settled case-law, in any event, that derogations and limitations in relation to the protection of personal data must apply only in so far as is strictly necessary (Case C‑473/12 IPI EU:C:2013:715, paragraph 39 and the case-law cited).53      In that regard, it should be noted that the protection of personal data resulting from the explicit obligation laid down in Article 8(1) of the Charter is especially important for the right to respect for private life enshrined in Article 7 of the Charter.54      Consequently, the EU legislation in question must lay down clear and precise rules governing the scope and application of the measure in question and imposing minimum safeguards so that the persons whose data have been retained have sufficient guarantees to effectively protect their personal data against the risk of abuse and against any unlawful access and use of that data (see, by analogy, as regards Article 8 of the ECHR, Eur. Court H.R., Liberty and Others v. the United Kingdom, 1 July 2008, no. 58243/00, § 62 and 63; Rotaru v. Romania, § 57 to 59, and S. and Marper v. the United Kingdom, § 99).
  • 26      In that regard, it should be observed that the data which providers of publicly available electronic communications services or of public communications networks must retain, pursuant to Articles 3 and 5 of Directive 2006/24, include data necessary to trace and identify the source of a communication and its destination, to identify the date, time, duration and type of a communication, to identify users’ communication equipment, and to identify the location of mobile communication equipment, data which consist, inter alia, of the name and address of the subscriber or registered user, the calling telephone number, the number called and an IP address for Internet services. Those data make it possible, in particular, to know the identity of the person with whom a subscriber or registered user has communicated and by what means, and to identify the time of the communication as well as the place from which that communication took place. They also make it possible to know the frequency of the communications of the subscriber or registered user with certain persons during a given period. 27      Those data, taken as a whole, may allow very precise conclusions to be drawn concerning the private lives of the persons whose data has been retained, such as the habits of everyday life, permanent or temporary places of residence, daily or other movements, the activities carried out, the social relationships of those persons and the social environments frequented by them.
  • 32      By requiring the retention of the data listed in Article 5(1) of Directive 2006/24 and by allowing the competent national authorities to access those data, Directive 2006/24, as the Advocate General has pointed out, in particular, in paragraphs 39 and 40 of his Opinion, derogates from the system of protection of the right to privacy established by Directives 95/46 and 2002/58 with regard to the processing of personal data in the electronic communications sector, directives which provided for the confidentiality of communications and of traffic data as well as the obligation to erase or make those data anonymous where they are no longer needed for the purpose of the transmission of a communication, unless they are necessary for billing purposes and only for as long as so necessary.
  • On those grounds, the Court (Grand Chamber) hereby rules:Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC is invalid.
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    EU Court of Justice decision in regard to a Directive that required communications data retention by telcos/ISPs, finding the Directive invalid as a violation of the right of privacy in communications. Fairly read, paragraph 59 outlaws bulk collection of such records, i.e., it requires the equivalent of a judge-issued search warrant in the U.S. based on probable cause to believe that the particular individual's communications are a legitimate object of a search.  Note also that paragraph 67 effectively forbids transfer of any retained data outside the E.U. So a barrier for NSA sharing of data with GCHQ derived from communications NSA collects from EU communications traffic. Bye-bye, Big Data for GCHQ in the E.U. 
Gary Edwards

JB Williams -- Congress Must Immediately Impeach Entire Obama Administration - 0 views

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    A well written list of particulars calling for the impeachment of the entire Obama administration.  The article ends with an appeal to restore the Constitution, identifying two groups in particular: US Patriots Union and the US Veterans "Defenders of America".  Outstanding stuff.  When you read this you will know you're in the presence of true Patriots. http://www.patriotsunion.org/DECLARATION-RESTORE-THE-CONSTITUTIONAL-REPUBLIC.pdf http://www.veterandefenders.org/ excerpt: The Obama Administration has intentionally and criminally bankrupted what was once the most productive, prosperous and powerful nation on earth. This is nothing compared to Obama's other first term achievements. Via their Federal "wealth redistribution" bailouts, the Obama Administration seized control of General Motors, screwed every individual who ever invested in the company and steered the company through managed bankruptcy so that it would emerge the property of labor unions, not the people who had invested in it for years. The Obama Administration has since seized control of Energy, Banking, Insurance, Health Care, Food production and distribution, manufacturing, water supply and outlawed free speech on public lands to protect elected servants from an increasingly angry society that currently gives Obama, Congress and the U.S. Supreme Court their lowest approval ratings in U.S. history. The Obama Administration designed and launched the so-called Arab Spring across the Middle East, attacking Jews and Christians alike and unseating leaders of sovereign nations and redistributing political power throughout the region to the Muslim Brotherhood, purposefully responsible for total civil unrest around the globe and rising gas prices at the pumps. Last Friday evening, Obama issued yet another Executive Order seizing unbridled power over every aspect of American life, all the way down to the water in your toilet bowl and the garden in your back yard, sharing that power with each mem
Gary Edwards

Gold Price "Manipulated For A Decade", Repeatedly Slammed Lower, Bloomberg Reports | Ze... - 0 views

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    "While the FT promptly retracted an article on precisely the topic of gold manipulation from earlier this week (recorded for posterity here), Bloomberg appears to not have had the same "editorial" concerns and pressures, and today released an article once again slamming the final conspiracy theory that while every other asset class is manipulated, gold is in a pristine class of its own, untouched by close-banging, price fixing traders or central bankers, and reports that "the London gold fix, the benchmark used by miners, jewelers and central banks to value the metal, may have been manipulated for a decade by the banks setting it, researchers say." Of course, over the past 5 years we have reported time and again how official gold manipulation started in earnest some time in the 1960s (who can forget the "reshuffle club") but we will start with a decade. Here is what BBG finds: Unusual trading patterns around 3 p.m. in London, when the so-called afternoon fix is set on a private conference call between five of the biggest gold dealers, are a sign of collusive behavior and should be investigated, New York University's Stern School of Business Professor Rosa Abrantes-Metz and Albert Metz, a managing director at Moody's Investors Service, wrote in a draft research paper.   "The structure of the benchmark is certainly conducive to collusion and manipulation, and the empirical data are consistent with price artificiality," they say in the report, which hasn't yet been submitted for publication. "It is likely that co-operation between participants may be occurring."   The paper is the first to raise the possibility that the five banks overseeing the century-old rate -- Barclays Plc, Deutsche Bank AG, Bank of Nova Scotia, HSBC Holdings Plc and Societe Generale SA -- may have been actively working together to manipulate the benchmark. It also adds to pressure on the firms to overhaul the way the rate is calculated. Authorities around the world, already inv
Gary Edwards

Silicon Valley represents an entirely new political category | Gregory Ferenstein | Lin... - 0 views

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    "Silicon Valley represents an entirely new political category" Over the last decade, Silicon Valley has become an extraordinary force in politics, but they've bewildered the DC establishment with their bizarre loyalties. Tech titans are the arch nemesis of labor unions on a series of fronts, from high-skilled immigration and the taxi industry to free trade and their aggressive funding of union-less public charter schools. And, yet, tech CEOs are arguably the Democrats' biggest cheerleaders: in the 2012 presidential election, 83% of employee donations from top tech firms went to Obama. "Most of Silicon Valley, most of the executives, tend to be Democrats," PayPal co-Founder, Peter Thiel, told me." Very interesting article based on interviews and surveys of Silicon Valley technology leaders.
Paul Merrell

ACLU Demands Secret Court Hand Over Crucial Rulings On Surveillance Law - 0 views

  • The American Civil Liberties Union (ACLU) has filed a motion to reveal the secret court opinions with “novel or significant interpretations” of surveillance law, in a renewed push for government transparency. The motion, filed Wednesday by the ACLU and Yale Law School’s Media Freedom and Information Access Clinic, asks the Foreign Intelligence Surveillance Act (FISA) Court, which rules on intelligence gathering activities in secret, to release 23 classified decisions it made between 9/11 and the passage of the USA Freedom Act in June 2015. As ACLU National Security Project staff attorney Patrick Toomey explains, the opinions are part of a “much larger collection of hidden rulings on all sorts of government surveillance activities that affect the privacy rights of Americans.” Among them is the court order that the government used to direct Yahoo to secretly scanits users’ emails for “a specific set of characters.” Toomey writes: These court rulings are essential for the public to understand how federal laws are being construed and implemented. They also show how constitutional protections for personal privacy and expressive activities are being enforced by the courts. In other words, access to these opinions is necessary for the public to properly oversee their government.
  • Although the USA Freedom Act requires the release of novel FISA court opinions on surveillance law, the government maintains that the rule does not apply retroactively—thereby protecting the panel from publishing many of its post-9/11 opinions, which helped create an “unprecedented buildup” of secret surveillance laws. Even after National Security Agency (NSA) whistleblower Edward Snowden revealed the scope of mass surveillance in 2013, sparking widespread outcry, dozens of rulings on spying operations remain hidden from the public eye, which stymies efforts to keep the government accountable, civil liberties advocates say. “These rulings are necessary to inform the public about the scope of the government’s surveillance powers today,” the ACLU’s motion states.
  • Toomey writes that the rulings helped influence a number of novel spying activities, including: The government’s use of malware, which it calls “Network Investigative Techniques” The government’s efforts to compel technology companies to weaken or circumvent their own encryption protocols The government’s efforts to compel technology companies to disclose their source code so that it can identify vulnerabilities The government’s use of “cybersignatures” to search through internet communications for evidence of computer intrusions The government’s use of stingray cell-phone tracking devices under the Foreign Intelligence Surveillance Act (FISA) The government’s warrantless surveillance of Americans under FISA Section 702—a controversial authority scheduled to expire in December 2017 The bulk collection of financial records by the CIA and FBI under Section 215 of the Patriot Act Without these rulings being made public, “it simply isn’t possible to understand the government’s claimed authority to conduct surveillance,” Toomey writes. As he told The Intercept on Wednesday, “The people of this country can’t hold the government accountable for its surveillance activities unless they know what our laws allow. These secret court opinions define the limits of the government’s spying powers. Their disclosure is essential for meaningful public oversight in our democracy.”
Paul Merrell

ISIS Beheadings on Cue from Washington and London? > Strategic-Culture.org - Strategic ... - 0 views

  • The macabre video executions have also overturned anti-war public feeling in the US. When Obama was planning to launch air strikes in Syria last year following the chemical weapons incident, polls showed that a big majority – 70 per cent – of Americans were opposed to any intervention. That opposition, plus the British parliament’s rejection, was a major factor in why Obama backed down then on his proposed military strikes during September 2013. But after the latest videos showing two American journalists being brutally slain, US public opinion, according to recent polls, is now strongly in favour of Obama’s anti-ISIS bombing coalition; not just operating in Iraq, but more significantly, the American public wants the coalition to go after ISIS inside Syria too. Thus, where the chemical weapons horror last year failed to convince the American public to give its approval for US air strikes in Syria, the beheading of American hostages has succeeded.
  • For Washington and its close London ally, the British public is a crucial constituency to also win over. It seems more than a coincidence that ISIS has now carried out the same sickening execution of a British national as it did with the two Americans. President Obama said after the videoed slaying of Briton David Haines that the US “stands shoulder-to-shoulder” with the British people. The question is this: are these shocking executions, with their highly stylised graphic videos, being used to manipulate public consent for Western military intervention in Syria? In that case, ISIS is not acting in some apparent rogue fashion, turning on its Western intelligence masters, but rather it is obeying orders as usual as part of a macabre charade to facilitate Western military intervention.
  • Once again, what we are seeing is a variation of “humanitarian pretext” to pave the way for the covert, ulterior agenda of Western-orchestrated regime change in foreign countries. That ploy was used previously by NATO forces in former Yugoslavia at the end of the 1990s and more recently in Libya during 2011. It is well documented that ISIS, IS or ISIL, is a terror network created by US, British and Saudi military intelligence going back to the early years of the Iraq War beginning in 2003, when the group played a vital role in fomenting sectarian strife in Iraq to the advantage of the Western occupying armies.The network has antecedents in Western collusion with radical Islamist mercenaries in Afghanistan during the 1980s against the former Soviet Union, which led to the formation of Al Qaeda, and also in Chechnya in the mid-1990s.
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  • ISIS leader Abu Bakr Baghdadi is known to be a US intelligence asset, according to a former senior Al Qaeda operative, Nabil Naim, among other sources. Former CIA personnel have also disclosed that ISIS, like Al Qaeda, was set up to further geopolitical goals for Washington and its allies in the Middle East. These goals include regime change in target countries, such as Syria, and perpetuating the money-spinning American military-industrial complex by creating an endless security threat. Officially, the network may be a proscribed terror organization and “an enemy of the state”. But in the underworld of black operations, ISIS is a covert instrument of US government and corporate interests.
  • Given the strategic importance of the US-led regime-change objective in Syria – and in particular the importance of obtaining public support for military intervention in that country – it is not beyond the realm of possibility that the ISIS network is carrying out beheadings of Western citizens on the orders of its handlers in the CIA and Britain’s MI6. Perhaps even, the outward political leadership in Washington and London, Obama and Cameron, are unaware of their own dark forces at work, which gives their public reactions of indignation an air of authenticity and credibility.
  • Indeed, the evident political consequences from the latest execution of Briton David Haines and Americans Jim Foley and Steven Sotloff are strongly indicative of a Western psychological operation. That makes Washington and London culpable of murdering their own citizens for geopolitical expediency. These victims are sacrificial lambs in the foulest sense.
Paul Merrell

E.U. Official Pushes U.S. to Explain Its Surveillance - NYTimes.com - 0 views

  • BRUSSELS — Amid a growing outcry over American snooping on foreigners that threatens to cloud European-U.S. trade talks and President Barack Obama’s visit to Berlin, the European Union’s top justice official has demanded in unusually sharp terms that the United States reveal what its intelligence is doing with personal information of Europeans gathered under the Prism surveillance program revealed last week.
  • Viviane Reding, the Union’s combative commissioner of justice, told Attorney General Eric Holder in a letter sent on Monday evening that individual citizens of European countries had the right to know whether their personal information had been part of intelligence gathering “on a large scale.” In the letter, seen Tuesday by the International Herald Tribune, she also asked what avenues were available to Europeans to find out whether they had been spied on, and whether they would be treated similarly to U.S. citizens in such cases. “Given the gravity of the situation and the serious concerns expressed in public opinion on this side of the Atlantic, you will understand that I will expect swift and concrete answers,” Mrs. Reding wrote.
  • Speaking for a continent where snooping carries ghastly echoes of fascist or communist regimes, Mrs. Reding challenged Mr. Holder to answer a list of detailed questions by Friday, when they are expected to speak face-to-face in Dublin at a ministerial meeting scheduled before the Prism spy operation came to light. In Berlin, where Mr. Obama will speak next week before the Brandenburg Gate, privacy is a highly sensitive political issue and the Prism revelations have stirred a furor. “You can be sure that this will be one of the things the chancellor addresses when President Obama is in Germany,” said Steffen Seibert, spokesman for Angela Merkel, who grew up in the former Communist East.
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  • Mrs. Reding — who has irked U.S. authorities in the past by threatening companies like Google for overstepping E.U. privacy standards — suggested Mr. Holder’s responses could shape the outcome of important trans-Atlantic initiatives like trade talks. Europe has been a frequent critic of the United States in recent years for jeopardizing individual liberties by filtering vast volumes of information on European bank transfers and in airline passenger records to fight terror plots. Mrs. Reding’s letter is another sign that the growth of government surveillance that began under the Bush administration after Sept. 11, 2001, and has expanded under the Obama administration, continues to touch raw nerves far beyond the United States.
  • The revelations have prompted members of the European Parliament, a directly elected body of representatives from across the Union that meets in Brussels and Strasbourg, to demand that data protection be included in upcoming U.S.-European talks on a long sought trade pact. Any “trade pact will have to fully ensure the highest standards of data privacy for all citizens,” and an ongoing reform of Europe’s data protection law “must guarantee these standards for E.U. citizens when using U.S.-based Internet companies,” Hannes Swoboda, an Austrian member of the parliament who is president of the Socialists & Democrats group, said in a statement on Tuesday. “It is no good the E.U. having strict regulation on data protection if those standards are not guaranteed when using U.S.-based Internet companies,” he said.
  • The talks are expected to be conducted by Mrs. Reding's colleague, Karel De Gucht, the E.U. trade commissioner — but the Parliament would have a final say over any such deal under its right, in force since 2009, to veto treaties with third countries. In the strongest demonstration against U.S. policy, the Parliament in 2010 blocked an agreement allowing U.S. authorities access to European banking data from a cooperative responsible for routing trillions of dollars daily among banks, brokerage houses, stock exchanges and other institutions.
  • In a thinly veiled warning to Mr. Holder about the trade pact, Ms. Reding said relations between the United States and Europe could be undermined by concerns about privacy, which many in Europe regard as an inviolable right. In her letter, Mrs. Reding said she “is accountable before the European Parliament, which is likely to assess the overall trans-Atlantic relationship also in the light of your responses.” In nine detailed questions, Ms. Reding asked Mr. Holder how much data-sifting the United States is conducting, whether those activities target individuals, and whether the surveillance involves issues beyond national security. Mrs. Reding also pushed Mr. Holder to tell her “what avenues” are available to citizens of countries in the European Union to obtain information about whether their personal information has been examined under the Prism program and other programs, and whether Europeans have similar access to that information as Americans.
  • For Mrs. Reding, the chance to push back against Washington is a welcome opportunity. Two years ago, she was forced to soften her initial proposals for data privacy rules in order to accommodate U.S. intelligence gathering. That followed intense pressure on the European Commission, the E.U.’s governing body, from the Obama administration.
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    Article includes more detail on individual EU nations' objections, Germany, Ireland, and Italy.  
Paul Merrell

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

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