Showing posts with label outrage. Show all posts
Showing posts with label outrage. Show all posts

Thursday, August 6, 2009

Out-of-State Donations Flow To Many Members Of Congress

Up to 100% of bribes donations to politicians are not from their constituents

A U.S. senator represents—ostensibly—just a single state. But that doesn't always mean his or her financial support comes from it.

Consider Senator Max Baucus (D-Mont.), the chair of the powerful Senate Finance Committee at the center of the nation's debate over health care reform. While he's reported more than 100 campaign contributions from individuals exceeding $200 so far this year—about $108,000 in all—not one such donation has come from a resident of Montana.

In this respect, Baucus is not alone. Several other members of Congress' upper chamber have heavily relied upon out-of-state donors to fill their war chests during the first six months of the year.

But all of these senators fall at an extreme end of the spectrum: Senators, on average, raised 57 percent of their individual contributions from out-of-staters during the first six months of 2009, according to a Center for Responsive Politics analysis of Federal Election Commission records. (The FEC only requires candidates to itemize donations of $200 or more.)

Senators raising a large percentage of funds from out-of-state interests typically hail from states with small populations.

Among them: Senator Byron Dorgan (D-N.D.), who is up for election next year. He raised about $1.1 million during the first six months of 2009 from individuals who contributed more than $200. Of that sum, 99 percent came from out-of-state donors.

Only Senators Harry Reid (D-Nev.) and Chris Dodd (D-Conn.) raised more cash from individual itemized donors than Dorgan during the first six months of the year. Each of these high-profile lawmakers is facing a contentious reelection.

For his part, Reid, the majority leader, raised about $6.6 million, with 86 percent coming from out-of-state donors. And Dodd—who was among the top recipients of out-of-state cash last quarter, and who raised eyebrows after reporting just five contributions from in-state residents during the first three months of 2009 -- raised about $1.3 million, with 91 percent coming from out-of-staters.

Two other members of both the Senate Finance Committee and Baucus' "coalition of the willing" that is crafting a draft of health reform legislation for that committee also rank among the top recipients of out-of-state individual contributions.

North Dakota's senior senator, Kent Conrad, who is also a Democrat, raised $51,600, with 96 percent coming from out-of-staters. And Senator Chuck Grassley (R-Iowa), who is also up for election next year, raised $72,600, with 99 percent of that coming from out-of-state donors.

On the other end of the spectrum, only Senator Lamar Alexander (R-Tenn.) stands out. Alexander, who was re-elected last fall, raised $27,000 from individual donors during the first six months of 2009, with fully 100 percent of those contributions coming from residents of Tennessee.

On the House side, CRP has found that donations are more likely to flow from in-state residents. Members of the U.S. House of Representatives raised a median of 77 percent of their individual contributions from in-state donors.

But many Congressmen who have raised large sums so far this year have not seen cash from constituents alone.

Representative James Oberstar (D-Minn.), chair of the Transportation Committee, raised $262,000 during the first half of the year from individual donors -- with every penny of his individual donations of $200 or more coming in from out of state.

Representative Keith Ellison (D-Minn.), the first Muslim elected to Congress, raised $189,700, with 80 percent coming from out-of-state donors. And Representative Steny Hoyer (D-Md.), the majority leader in the House, raised about $236,200, with 72 percent coming from out-of-state donors.

Two other Democratic Congressmen who have raised all of their individual contributions from out-of-state residents include Representatives John Conyers (D-Mich.) and Pete Visclosky (D-Ind.). Conyers, chair of the Judiciary Committee, raised about $41,100 during the first six months of the year. And Visclosky, who has made headlines because of his close connections to lobby shop PMA Group that the FBI is investigating, raised $40,550.

Some high-profile Republicans have also been on the receiving end of out-of-state money.

Roughly two-thirds of the individual donations to Representative Eric Cantor (R-Va.) and Representative Joseph Cao (R-La.) have been out-of-staters.

Cantor, the minority whip, raised $450,900 during the first six months of 2009, while Cao, the first Vietnamese-American to serve in Congress after beating legally troubled Democratic Rep. William Jefferson, raised about $320,200.

Among Republican Congressmen who received 100 percent of their individual donations from out-of-staters were Representative Spencer Bachus (R-Ala.), ranking member of the Financial Services Committee, who raised $27,950, and Representative Dan Burton (R-Ind.), who raised about $49,900.

Dig into the geographical analysis yourself by examining these spreadsheets. Please note the multiple tabs for lists of the top recipients of in-state and out-of-state individual contributions, by dollar amount and by percentage. Tables also exist for the second quarter alone, as well as for the entire first six months of 2009. If you use our data, please be sure to credit CRP. Geographical Donations 09.xls

Original by Michael Beckel may be viewed here. CRP Senior Researcher Douglas Weber contributed to this report.

See this reference for definitions of “influence peddling.”

See this reference for definitions of “bribery.”

Rep. William Jefferson, convicted of corruption, received handsome donations from legal community

williamjefferson.jpg

William Jefferson, convict and treasonous pig

Former U.S. Rep. William Jefferson (D-La.) is a newly infamous scofflaw who now faces spending decades in prison after a federal jury Wednesday convicted him of 11 counts of racketeering, solicitation of bribery and money laundering.

An ironic footnote: Lawyers and law firms were by far Jefferson's largest campaign donors during his now ruined congressional career, which began in 1990 when he became Louisiana's first elected black congressman since Reconstruction. That career ended unceremoniously in December when the embattled politico lost reelection to a poorly funded and relatively unknown Republican, Joseph Cao.

As an industry, lawyers and law firms donated more than $612,000 to Jefferson during his congressional career, according to a Center for Responsive Politics analysis. That significantly outpaces Jefferson's second-highest donor by industry -- public sector unions, at more than $257,000 over time.

Building trade unions ($233,300), health professionals ($193,885) and transportation unions ($191,700) round out the top five industry contributors to Jefferson's congressional campaigns.

The American Association for Justice ranks as Jefferson's all-time contributor by organization, sending him $73,500 during his congressional career. The American Federation of Teachers and International Brotherhood of Electrical Workers follow closely behind.

Even during the 2008 election cycle, when Jefferson faced federal allegations that he oddly stuffed $90,000 worth of bribe money in a freezer (among a host of other misdeeds), lawyers donated $15,100 to the embattled congressman.

Eleven congressional leadership PACs also made donations to Jefferson during the 2008 election cycle, totaling $51,000. They include Rep. Bennie Thompson's Secure PAC ($14,000), Rep. James Clyburn's BRIDGE PAC ($10,000) and Rep. Gregory Meeks' Build America PAC ($6,500).

Separately last election cycle, the Congressional Black Caucus PAC reported donating $15,000 to Jefferson, and 22 congressional candidate committees also logged contributions to him.

Today, Jefferson remains free on bond. His lawyer told the Associated Press that Jefferson would appeal his convictions.

This article is by Dave Levinthal, the original may be viewed here.

Wednesday, June 17, 2009

Congressional Witness Intimidation: David Sokol Video Interview

As reported in my 16 June article, GOP Congressmen have accused Congressman Ed Markey of witness intimidation during the dissenting testimony of MidAmerica Energy CEO David Sokol.

Although the vast majority of the media has remained ominously—and unconscionably—silent, Larry Kudlow of CNBC interviewed Sokol on the matter.

Congressman Joe Barton, (R-Texas), appears, in committee, at the beginning of the video, questioning Markey’s actions.

Sokol states that in a conversation with the Congressman, Markey suspiciously maintains that—though his signature was on the letter to FERC—he had no knowledge whatsoever of the letter until after it was sent.

Below is an embedded video of the Kudlow-Sokol interview, (you may have to suffer a brief advertisement at the beginning). Shockwave-flash is required to view the video.













Update! Articles pertaining to the scandal may be found at these links:
Congressman Intimidates Congressional Witnesses
Congressional Witness Intimidation: David Sokol Video Interview (this article)
Is The Media Covering Up A Political Scandal?
Why The Media Blackout Of Congressional Scandal?
GOP Press Release On Congressman Markey Scandal
Congressional Scandal Videos: Sokol Testimony, Markey Apology

Wednesday, June 3, 2009

Has Microsoft Sneaked Malware Into Your Computer?

Routine Windows security update invisibly creates security holes in Firefox browser

Millions of computer users may be at risk

Should Microsoft’s hackers be jailed?

The 800-pound gorillas at Microsoft, notorious for releasing perhaps the most poorly tested, security-deficient commercial software in the known universe, have taken it upon themselves to shoot holes in the security of third-party software as well.

In February 2009, the bumbling twits at Microsoft released a—I actually hesitate to use the term, for reasons which will become apparent—“Security Update” for the Microsoft .Net Framework, specifically, “Microsoft .NET Framework 3.5 Service Pack 1.”

Outrageously, this update also installs the Microsoft .NET Framework Assistant 1.0 extension (add-on) into Firefox without asking the user’s permission.

Yeah? So What?

image

Well, if you use the Mozilla Firefox browser, you will now find, (actually, you may not—until it’s too late), that websites can now—without your knowledge or consent—download, install and run software on your computer! That’s right, the default settings of this add-on permit websites to install software without notifying you.

WHAT?

Yep! That’s what it does. Microsoft has seen to it that the users of third-party browsers can now have the same sort of security problems which plague users of Microsoft’s—much reviled—Internet Explorer!

But wait, there’s more! The add-on reports the .NET version installed on your computer to every website you visit in the User-Agent string.

The add-on makes use of “ClickOnce” technology, which is expressly designed to allow the installation and execution of software, simply by clicking a link on a webpage—whether or not the link legitimately indicates it is pointing to a software package.

Well, Wikipedia says ClickOnce is a secure technology. So, why shouldn’t I trust it?

Considering the fact that Wikipedia is the world’s largest repository of laughably erroneous data, and that said data is often provided by parties with a vested interest in skewing the information, lets look instead at a quote from InformIT.com’s page on ClickOnce security:

“The problem with the default security model for an enterprise [business] environment is that it puts the trust decision of whether to elevate permissions or not into the users' hands. If an application needs elevated permissions, it prompts the users, and if they click the Install button, the application can elevate its permissions all the way to full trust if it wants to, effectively removing the runtime protections that ClickOnce is capable of providing… Many users do not have the experience to discern a true high-risk scenario from one that is acceptable.”

Indeed, given Microsoft’s abysmal security track-record over the years, (they permitted one XP security hole to remain unpatched for seven years—though they knew about it all along), are you willing to bet that there isn’t a malicious hacker out there who can defeat whatever ClickOnce really has for security and take a peek at your credit card numbers or your financial data? Or watch over your shoulder as you do online banking?

If you have “Automatic Updates” enabled, and you are a Firefox user, you may have the .NET Framework Assistant installed on your computer.

image

To add insult to maliciousness, should you, while perusing your Firefox add-ons, run across the Microsoft .NET Framework Assistant extension in the list and wonder, “what the hell is that and how did it get into my Firefox?” I’m sure you will be equally bemused to find that the “Uninstall” button is disabled.

So, what is Microsoft .Net Framework? To simplify somewhat, .Net Framework, (yes, that .dot is supposed to be there), is a collection of software which can be used by Windows and third-party programs to perform various functions which would otherwise have to be coded into each application: It helps programmers by cutting down on their code-work and helps you by reducing the overall size of programs which require such routines.

So, this Firefox add-on thing is necessary to the functioning of my software then, Right?

Not in the slightest.

The average Windows user will likely never install software that requires the .Net Framework. Even if a user does have applications that require it, the “ClickOnce” add-on to Firefox is completely unnecessary, representing more of a security risk than it creates a convenience for the user.

Indeed, Annoyances.org, a website which relies on user input to find and fix problems related to Microsoft applications and operating systems, has this to say about the .NET Framework Assistant add-on:

“This update adds to Firefox one of the most dangerous vulnerabilities present in all versions of Internet Explorer: the ability for websites to easily and quietly install software on your PC. Since this design flaw is one of the reasons you may've originally [chosen] to abandon IE in favor of a safer browser like Firefox, you may wish to remove this extension with all due haste.”

Ditch the Firefox add-on, ditch it now.

Removal instructions may be found at Annoyances.org and Microsoft Support. WARNING! Microsoft has seen to it that there is no easy way to remove this malware! The removal instructions require registry editing which—if done incorrectly—may result in software malfunctions or Windows refusing to start altogether! Follow the instructions precisely.

If you are unwilling or unable to remove the offender according to instructions, open Add-ons in Firefox, right-click “Microsoft .NET Framework Assistant” select “disable” and restart Firefox. Hopefully, it will stay disabled.

Don’t think you are safe with the Microsoft malware enabled in Firefox so long as you don’t visit “questionable” websites: Here is a short sample of the many, many legitimate websites which have been hacked in the recent past:

Al Gore's climate crisis website hacked by Viagra sellers (Had to put Chicken Little at the top of this list)

Obama Website Hacked: Users Redirected To Clinton Campaign

Cybercrooks plant phishing scam on crime reduction website

Cern Website Hacked

Computer security Firm Kaspersky's website hacked

Security Software CA's website hacked to point users to Chinese malware

Another police website hacked

Security firm Trend Micro website hacked

Sony website hacked

Thousands hit in broad Web hack

Half-Million Sites Mostly Running PHPBB Forum Software Hacked In Latest Attack

So just what the hell did Microsoft think they were doing? According to Brad Abrams at this site they claim they were doing you a favor:

“A couple of years ago we heard clear feedback from folks that they wanted to enable a very clean experience with launching a ClickOnce app from FireFox. [I wasn’t one of them, Brad, nor, I’ll just bet, were the vast majority of Firefox users] James Dobson published FFClickOnce and got very good reviews, but we had many customers that wanted ClickOnce support for Firefox built into the framework… so in .NET Framework 3.5 SP1 we added ClickOnce support for Firefox! This made ClickOnce apps much more accessible to a wide range of customers.

We added this support at the machine level in order to enable the feature for all users on the machine. Seems reasonable right? Well, turns out [translation: ‘We knew it couldn’t be uninstalled and did it anyway’] that enabling this functionality at the machine level, rather than at the user level means that the "Uninstall" button is grayed out in the Firefox Add-ons menu because standard users are not permitted to uninstall machine-level components.”

Makes you wonder what the hell else these bozos have sneaked into your computer without your knowledge, doesn’t it?

Are Microsoft programmers like many journalists? Do they have to flunk an intelligence test before they are hired?

Brad, Microsoft, no. It sure as hell isn’t reasonable in any way, shape or form, to hack someone’s computer without their knowledge or consent. If there is some fool out there who wants to give websites the ability to silently run their software in his computer, he should manually install it from the Mozilla add-ons site—where Microsoft should have posted this disgrace in the first place. Microsoft has no business hiding this in an otherwise legitimate “security” update.

I work with clients whose companies are locked into Windows; consequently, I have to have at least one computer for my business which runs Windows so I can follow along with those clients—remotely—as I try to solve a problem they just discovered.

I go to a very great deal of trouble, indeed, to make certain that malicious software never takes a foothold on that computer—including the use of the more secure Firefox browser. The very last thing I need is for Microsoft—or other software companies—to waste my time, make my life more difficult and make my computer less secure by introducing yet more potential security holes while hacking my third-party applications!

Fortunately, said precautions prevented Microsoft from tinkering with my Firefox. Yours may be another matter. (And no—please don’t even think of asking what my security precautions and procedures are.)

Lets take a for instance, (I just love “for instances,” don’t you? They’re so warm and cuddly): You own a car, a Chevy, say, and you’ve paid it off—you own it free and clear. You take your car to your Chevy dealer for a 3,000-mile oil change and Chevy’s mechanic disables the third-party security device you had installed—without your knowledge or consent.

What’s the difference between our little for instance and Microsoft frivolously altering your third-party software? Save that Microsoft’s criminal tampering with private property was done via the internet—precisely, none.

If a basement-dwelling hacker did the same thing to your computer—altered your software to make it less secure—when caught, he would be arrested and charged with, at the very least, illegally accessing a computer. There is nothing in the EULA—the Microsoft End-User License Agreement—which gives Microsoft the right to tamper with your third-party software. Such tampering is illegal in the U.S. and many other countries.

"Breaking into other people's property is a crime—it makes no difference if it's a computer or a house that you're burgling."

—Graham Cluley, senior technology consultant for Sophos Anti-Virus

So, perhaps the twits at Microsoft who decided to hack your third-party software should spend a little time in the slammer, (I might recommend hard labor; smashing Microsoft Vista CDs).

“Now wait a minute,” I hear you bellow. “That’s ridiculous! You’re blowing this way out of proportion!”

Really?

Many people have their whole lives in their computers. Consider what may be found on a typical user’s system:

  • Financial records
  • Passwords to bank accounts
  • Mortgage data
  • Codes to disarm the security alarms for the house and the office
  • Medical information
  • Credit card numbers
  • Sensitive emails
  • Family photos—including pictures of the kids and the exterior and interior of the house
  • School records
  • Information which might allow someone to determine the whereabouts of children at a given time
  • Code words to be given to said children in case of emergency
  • The babysitter’s name and the dates and times she watches the kids
  • Data on what medication, money or firearms may be in the house
  • Safe combinations

Rightly or wrongly, wisely so or not, all that and more may be on someone’s computer, (which the users have reason to believe* to be as secure as possible), when Microsoft tampers with their system, allowing Jimmy-The-Crook’s website to download and run unknown software.

Given the above, maybe you’re not taking this seriously enough!

*Note: Do not infer from my statements that I consider Firefox or any other web browser to be 100% secure—that just ain’t so, folks.

Some internet sites speculate that Microsoft’s little Firefox hack job may have been a deliberate attempt to sabotage it’s competitor’s product. If this is, in fact, the case, it wouldn’t be the first time: Microsoft was brought to trial by the U.S. Department of Justice in 1998 for similar offenses.

If you find that your Microsoft security update has hacked your copy of Firefox, or if any other software company has similarly hacked your third-party software, and you reasonably believe that this activity is illegal, I strongly urge you to report the crime to:

The FBI Internet Crime Complaint Center

FYI, Microsoft isn’t the only upstart company to resort to such practices:

  • Apple’s QuickTime and ITunes updates previously installed MobileMe and Safari (63 MB and security-plagued)without user notification or permission—and pushed Apple Mobile Device Support, Apple Software Update and Bonjour.
  • The RealAudio media player's default installation includes both Google Toolbar and Google Desktop Search.
  • Sometime ago, Java's default installation included a game called "Puzzle Pirates"—then Java decided they wanted to install Sun Open Office (takes up 250 MB on your hard drive) and Yahoo Toolbar during Java updates.
  • Adobe Acrobat Reader's default installation includes the Google Toolbar.
  • The RealAudio media player's default installation includes both Google Toolbar and Google Desktop Search.

None of the extras the software providers push in these installations and updates are necessary. In truth, many of these installs and updates do give you the option of disallowing the installation of some of the software, but if you have no bloody idea what “Open Office” or “Bonjour” is, do you allow it or disallow it and hope that the software you do install will run without it?

When in doubt, take a cue from Nancy Reagan and “just say, NO!”

If you research the Google or Yahoo toolbars and decide you want one of them added to your browser, go to their sites and download them—don’t trust anything you are asked to install second-hand.

Sunday, April 19, 2009

Congressman Calls For Investigation Of DHS Report

US Representative Pete Hoekstra, (Republican, Mich.), the top Republican on the House Intelligence Committee, asked the Director of National Intelligence Ombudsman to investigate the Department of Homeland Security Office of Intelligence and Analysis report on “rightwing extremism” for evidence of unsubstantiated conclusions and political bias.

Congressman Hoekstra stated:

“This report has significant analytic shortcomings and does not deserve to be called an intelligence product… Our nation’s veterans and hardworking families that may be facing tough times should not be viewed as a threat and neither should citizens who oppose out-of-control federal spending and tax hikes.”

The House Intelligence Committee is responsible for authorizing funding for DHS Intelligence and Analysis, as well as conducting oversight of the office. Hoekstra sent his letter to Homeland Security Secretary Janet Napolitano with a copy sent to Director of National Intelligence Dennis Blair. The DNI Ombudsman’s office is responsible for reviewing concerns about the quality and potential politicization of intelligence analysis.

Hoekstra was dismayed by the report’s sweeping generalizations about returning combat veterans and the suggestion that they would be susceptible to joining violent extremist groups. Hoekstra, who has sponsored a Constitutional Amendment to protect the rights of parents to raise their children, was also disappointed by the report’s assertion without substantiation that unemployed parents may foster “rightwing extremist” beliefs in their children.

Hoekstra added:

“Beyond apologizing for its obviously offensive references, the administration needs to get to the bottom of how and why a report like this was written, and put standards in place to keep it from happening again.”

You may download or view Congressman Hoekstra's letter to Napolitano as a PDF here.

You may download or view a copy of the DHS report as a PDF here.

Law Center Sues Napolitano Over DHS Report

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, announced that it filed a federal lawsuit against Homeland Security Secretary Janet Napolitano. The lawsuit claims that her Department’s “Rightwing Extremism Policy,” as reflected in the recently publicized Intelligence Assessment, “Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment,” violates the civil liberties of combat veterans as well as American citizens by targeting them for disfavored treatment on account of their political beliefs.

The Law Center claims that Napolitano’s Department (DHS) has violated the First and Fifth Amendment Constitutional rights of these three plaintiffs by attempting to chill their free speech, expressive association, and equal protection rights. The lawsuit further claims that the Department of Homeland Security encourages law enforcement officers throughout the nation to target and report citizens to federal officials as suspicious rightwing extremists and potential terrorists because of their political beliefs.

Napolitano tried to blunt the public furor over the Report with a half-hearted apology to veterans, but left out of her apology all the other Americans her Department targeted because of their political beliefs.

In fact, officials in DHS now admit that their internal office of civil liberties objected to the language in the extremism report, but the Department issued it anyway.

You may download or view a copy of the report as a PDF here.

Richard Thompson, President and Chief Counsel of the Law Center stated:

“Janet Napolitano is lying to the American people when she says the Report is not based on ideology or political beliefs. In fact, her report would have the admiration of the Gestapo and any current or past dictator in the way it targets political opponents. This incompetently written intelligence assessment, which directs law enforcement officials across the country to target and report on American citizens who have the political beliefs mentioned in the report, will be used as a tool to stifle political opposition and opinions. It will give a pretext for opponents of those Americans to report them to police as rightwing extremists and terrorists. You can imagine what happens then.”

Thompson added:

“The Obama Administration has declared war on American patriots and our Constitution. The Report even admits that the Department has no specific information on any plans of violence by so-called ‘rightwing extremists.’ Rather, what they do have is the expression of political opinions by certain individuals and organizations that oppose the Obama administration’s policies, and this expression is protected speech under the First Amendment.”

The Report specifically mentions the following political beliefs that law enforcement should use to determine whether someone is a “rightwing extremist”:

  • Opposes restrictions on firearms
  • Opposes lax immigration
  • Opposes the policies of President Obama regarding immigration, citizenship, and the expansion of social programs
  • Opposes continuation of free trade agreements
  • Opposes same-sex marriage
  • Has paranoia of foreign regimes
  • Fear of Communist regimes
  • Opposes one world government
  • Bemoans the decline of US stature in the world
  • Upset with loss of US manufacturing jobs to China and India
  • …and the list goes on

Friday, April 17, 2009

The New White House Enemies List – Are You On It?

DHS brands millions of honest citizens, veterans, as right-wing extremists

Update: Quite a scandal DHS has caused with their hateful document. A law center is suing Napolitano over the report and Congressman Hoekstra, (among others), is demanding an investigation.

There are some disinformationalists on the internet and in the media who are shouting that said report was begun under the Bush administration, (and so it was), and that the report is, therefore, solely a Bush administration document. Nonsense. The DHS report was revised by DHS under the Obama administration, reviewed by DHS Secretary Janet Napolitano and approved for release by her—despite objections from the DHS Office of Civil Liberties. Whether the report was begun under the Bush, Truman or Washington administrations, it was revised, approved and released by the Obama administration and Napolitano has attempted to stand by all of it. Then most of it. Then some of it.

The Department of Homeland Security has released a report titled: Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment.

The report, reviewed by Homeland Security Secretary Janet Napolitano before its release, has outraged veterans groups, upset Ranking Member of the House Committee on Homeland Security, Rep. Bennie Thompson, (Dem. Miss), and appalled just about everyone else.

You may download or view a copy of the report as a PDF here.

Let’s go over some excerpts from the DHS report, such as:

Threats from white supremacist and violent antigovernment [sic] groups during 2009 have been largely rhetorical and have not indicated plans to carry out violent acts.

So. The DHS can find no indication that the groups and individuals of which they seem to be concerned, plan to carry out violent acts. Just how does this constitute a “threat?” Well, it doesn’t. Look at the Merriam-Webster dictionary definition of threat:

    1. an expression of intention to inflict evil, injury, or damage
    2. one that threatens
    3. an indication of something impending <the sky held a threat of rain>

Now look at the Merriam-Webster dictionary definition of rhetoric:

    1. the art of speaking or writing effectively: as a: the study of principles and rules of composition formulated by critics of ancient times b: the study of writing or speaking as a means of communication or persuasion
    2. a: skill in the effective use of speech b: a type or mode of language or speech ; also : insincere or grandiloquent language
    3. verbal communication : discourse

In other words, people are conversing and they really haven’t made any threats.

Therefore, a copyeditor or English professor might re-write:

Threats from white supremacist and violent antigovernment groups during 2009 have been largely rhetorical and have not indicated plans to carry out violent acts.

to read:

There is no evidence that any group—even those we label extremist—is planning unlawful or violent acts.

Um, okay. Well, gee, I’m scared, aren’t you?

“… violent antigovernment groups… have not indicated plans to carry out violent acts.”

Just who are these unnamed “groups,” why are they classified as violent since the DHS says they aren't planning any violence and—if they are really, really, really thought to be such a potential threat—why on Earth aren’t they named in a document intended to brief law enforcement agencies?

Nevertheless, the consequences of a prolonged economic downturn—including real estate foreclosures, unemployment, and an inability to obtain credit…

Rightwing extremist chatter on the Internet continues to focus on the economy, the perceived loss of US jobs in the manufacturing and construction sectors, and home foreclosures. [Emphasis mine]

Now wait just a darn minute! In one line the DHS report acknowledges the reality of, “… a prolonged economic downturn… real estate foreclosures, unemployment, and an inability to obtain credit…” and in another line pontificates, “Rightwing extremist chatter on the Internet continues to focus on the economy, the perceived loss of US jobs in the manufacturing and construction sectors, and home foreclosures.

Perceived? In that first quote, the DHS agrees that the world-wide economic debacle is real, yet in the next quote it is merely perceived. Napolitano actually read this before she released it?

Here’s some “chatter” from the New York Times—not exactly a bastion of “rightwing extremism:”

I might stress that I have found no reports indicating that the New York Times plans to carry out violent acts. Maybe the DHS will investigate them anyway—just in case, you know?

Rightwing extremists have capitalized on the election of the first African American president, and are focusing their efforts to recruit new members, mobilize existing supporters, and broaden their scope and appeal through propaganda, but they have not yet turned to attack planning.

I’m a little confused—they’re talking about the Republican Party here, right?

Way back in that first quote, the DHS says, “…and have not indicated plans to carry out violent acts” and here, the DHS says, “but they have not yet turned to attack planning…” which seems to presume—based on no evidence whatsoever, according to the DHS’s own report—that they will turn to “attack planning.”

There’s a term for this… let me think… no, don’t tell me.. oh, yeah, that’s it… paranoia.

Or is it just an excuse to limit civil rights?

Rightwing extremism in the United States can be broadly divided into those groups, movements, and
adherents that are primarily hate-oriented (based on hatred of particular religious, racial or ethnic groups), and those that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely. It may include groups and individuals that are dedicated to a single issue, such as opposition to abortion or immigration.

Thus, according to this DHS report, if you are:

  • a member of any religion, because—let’s face it—all religions hate the others, but more specifically, perhaps:
    • a Protestant who hates Satanists
    • a Catholic who hates abortion
  • a governor who—like Brian Schweitzer, (Democrat, Montana)—rejects federal authority in favor of state or local authority
  • a Libertarian who is anti-government

well, Sir—or Ma’am—you are a rightwing extremist! That certainly is a broad definition. Thank you, DHS!

Returning veterans possess combat skills and experience that are attractive to rightwing extremists. DHS/I&A is concerned that rightwing extremists will attempt to recruit and radicalize returning veterans in order to boost their violent capabilities.

Whether you are a veteran or not, I’m sure you'll agree this outrageous insult to American troops stands on its own.

Rightwing extremists are harnessing this historical [sic] election as a recruitment tool. Many rightwing extremists are antagonistic toward the new presidential administration and its perceived stance on a range of issues, including immigration and citizenship, the expansion of social programs to minorities, and restrictions on firearms ownership and use. Rightwing extremists are increasingly galvanized by these concerns and leverage them as drivers for recruitment.

They’re still talking about the Republicans?

Most statements by rightwing extremists have been rhetorical, expressing concerns about the election of the first African American president, but stopping short of calls for violent action.

Translation: A lot of people don’t like Obama but they’re not doing anything unlawful. “… but stopping short of calls for violent action” seems to be deceitful, inflammatory rhetoric.

Historically, domestic rightwing extremists have feared, predicted, and anticipated a cataclysmic economic collapse in the United States.

And I guess they were right.

Rightwing extremists were concerned during the 1990s with the perception that illegal immigrants were taking away American jobs through their willingness to work at significantly lower wages. They also opposed free trade agreements, arguing that these arrangements resulted in Americans losing jobs to countries such as Mexico.

And I guess they were right.

Many rightwing extremist groups perceive* recent gun control legislation as a threat to their [Constitutional] right to bear arms and in response have increased weapons and ammunition stockpiling, as well as renewed participation in paramilitary training exercises. Such activity, combined with a heightened level of extremist paranoia, has the potential to facilitate criminal activity and violence.

Many rightwing extremist groups perceive* recent gun control legislation as a threat to their right to bear arms…” well, of course it does, and so the US Supreme Court has consistently agreed.

“… combined with a heightened level of extremist paranoia, has the potential to facilitate criminal activity and violence.” I think, rather, that the new administration’s heightened level of extremist paranoia is of far greater concern. You think the Patriot Act was a bad idea? This DHS document has Prior Restraint and Unconstitutional written all over it.

* “You keep using that word. I do not think it means what you think it means.”

—Inigo Montoya.

This disgraceful report adds:

A prominent civil rights organization reported in 2006 that “large numbers of potentially violent neo-Nazis, skinheads, and other white supremacists are now learning the art of warfare in the armed forces.”

This refers to the so-called Southern Poverty Law Center, which is not at all a civil rights organization, but a money-making machine with a bizarre, hateful agenda about which you may read here, here, here and here.

US News and World Report has an interesting twist on this story at: DHS Report on Leftists Not Like Napolitano Report on Right-Wing Extremism

For comments or questions related to the content or dissemination of this document, please contact the
DHS/I&A Production Branch
at
IA.PM@hq.dhs.gov, IA.PM@dhs.sgov.gov, or IA.PM@dhs.ic.gov

I suggest you do so and register your revulsion. You should also contact Janet Napolitano and your Congress Critters:

Write Your Senators

Write Your Representative

Department of Homeland Security Comment Line: 202-282-8495

Secretary Janet Napolitano
Department of Homeland Security
US Department of Homeland Security
Washington, DC 20528

And when you do, don’t forget to ask, “How much did this idiot report cost, anyway?”

Tuesday, April 7, 2009

China Still A Police State - Media Drops The Ball

Inept media concentrates on trivia, ignores human-rights violations

Here is what the Reuters news agency recently reported, verbatim:

Exam cheaters jailed on state secret charges
Reuters

Fri Apr 3, 12:38 pm ET

BEIJING (Reuters) – Eight Chinese who used high-tech communications equipment, including mobile phones and wireless earpieces, to help their children cheat at university entrance exams have been jailed on state secret charges, local media said.

The eight, from the wealthy eastern province of Zhejiang, got together in 2007 to plot how to help their children as "they knew their achievements were not ideal," the official Legal Daily said.

One of the parents hired university students to provide answers which were sent to the children via wireless earphones while they were in the exam room, the report said.

big brother

But their ruse was discovered after police detected "abnormal radio signals" near the school, the newspaper said.

The parents were given jail terms ranging from six months to three years after being found guilty of illegally obtaining state secrets, it added, without saying what happened to their children.

China's college entrance exams, or "gaokao," are fiercely competitive tests.

Stories of cheating surface every year, despite stiff penalties. Students reportedly pay for leaked exam papers, smuggle in mobile phones and electronic dictionaries, or pay others to take the exam for them.

Here is the real story, which Reuters completely ignored:

Chinese police are actively engaged in monitoring the cellphone and radio conversations of ordinary citizens—even schoolkids.

Don't depend on the media to keep you properly informed, folks.

Saturday, March 28, 2009

Racist Russian Ad Features Obama

Russian PRAVDA notes racism, sloughs it off

image

An ice cream-making company in Yekaterinburg, Russia, is promoting a flavor of its ice cream in a racist advertisement using Barack Obama’s image.

The slogan of the chocolate-in-vanilla ice cream titled as “Duet” says: “The Flavor of the Week! Black in White!” The image of a black man standing against the background of the US Capitol was considered a manifestation of racism.

The Russian Company Voskhod (Sunrise), which designed the campaign, said that the image was not meant to carry any racist meaning in it. A spokesperson for the company said that the picture simply marked the presence of the black president in the White House.

Andrei Gubaidullin, the author of the advertisement, said his campaign was not linked to racism, because Russia, unlike the West, had a different point of view about ethnicity.

“This is not racism for Russia. It’s just fun,” the creative director of the advertising agency said.

The Russian nationalist online news site Pravda (Правда)—which ironically translates as Truthnoted the racism of the ad, but didn’t think it serious nor did it comment on the obvious insults to the US government.

Monday, March 23, 2009

Draconian Internet Copyright Law Dead, Or Is It?

New Zealand Parliament relents after public outrage

Section 92A scrapped, to be re-written

New Zealand Commerce Minister Simon Power announced today that Section 92A of New Zealand's copyright law will not come into force on 27 March as previously planned.

As outlined in my 16 February 2009 article, Guilt On Accusation - Draconian Internet Copyright Law To Be Enacted, under this ill-conceived law, internet users’ accounts would have been terminated as a result of unproven accusations of piracy. Section 92A stated that if a copyright owner thinks an internet user guilty of repeatedly breaching copyright, the user’s ISP would have been forced the terminate the user's internet connections and websites.

In protest of this law and under encouragement from the Creative Freedom Coalition, thousands of New Zealanders blacked out their websites, Myspace pages, Facebook photos, and Twitter accounts.

In my 13 March follow-up to that article, Draconian New Zealand Copyright Law Foundering?, I noted that New Zealand's Telecommunications Carriers’ Forum (TCF) spent weeks trying to draft a Code of Practice dealing with the implementation of Section 92A, but TCF member TelstraClear stated they would veto that code.

New Zealand Prime Minister John Key said Monday:

"We have now asked the minister of commerce to start work on a replacement section [for 92A]... There is a need for legislation in this area. Some progress was made between copyright holders and the ISPs but not enough to agree a code of conduct... In our view there are a number of issues that made it difficult to complete that code of conduct without fixing the fundamental flaws in section 92a."

The bottom-line in all this: Which is ultimately most important? Ensuring above all else that an extra 30-cents go into the pocket of a—likely wealthy—copyright holder, or protecting the rights of all citizens to due process of law in the face of unproven accusations? Seems like a no-brainer to me.

Does the New Zealand Parliament—or the government of any nation—first and foremost represent and protect its citizens? Or does it despotically chuck the peoples' rights out the window in order to placate grumbling, paranoid, billion-dollar corporations whose sole reason for existence is to make money? Should the rights of such corporations be protected? Certainly! But NEVER at the expense of the basic civil rights of the people which a government is required to protect!

Such corporations are acting purely in self-interest: By pressuring politicians to enact this and similar draconian laws, they have shown that they have absolutely no interest in the rights of others. These corporations and their representatives, the RIAA, RIANZ and others, are NOT police forces, they don’t know how to be police forces, they cannot be trusted to behave responsibly as police forces, and they must not be given—by any nation—the power to act as police forces. If they have evidence of theft of their products, such evidence should be turned over to appropriate authorities for a proper and lawful investigation—as any other private entity is required to.

Lets hope—indeed, all New Zealanders should expect and require—that in re-drafting this despicable law, New Zealand's Parliament—civil servants, NOT civil masters—will, this time, do their damn jobs: Protecting and ensuring the rights of the people of New Zealand, rather than abrogating those rights—and Parliament's mandate—by giving entertainment guilds, for pity's sake, independent powers of judge and jury over all internet users in New Zealand.

What on Earth were they thinking?

New Zealanders should contact their MPs through instructions and links on this page and let the rascals know you expect them to ensure civil rights and due process of law.

Monday, March 16, 2009

Life, the Universe and Obama

Note: Having no desire to answer the same questions time and again in different comments in different articles, I am posting this primarily for the referral of future commenters. So please consider this a FAQ of sorts.

As far as Obama continually insulting the British, (not to mention other dignitaries), and my pointing out the facts as I understand them:

I am not any sort of an apologist for the British, (or, you will find, anybody-the-hell-else): My father was treated quite—I'll be civil—shabbily by Brits as an American stationed in England for a time during World War II and thereafter never had a kind word for them—far from it. I have nothing against the British as a people—many of whom are among the warmest, friendliest people I've ever met—I'm a rabid Dr. Who fan and I have respect for Her Majesty The Queen as an entity separate from her government. But for reasons of personal experience I have absolutely no love for the British government—again, far from it.

Putting my personal feelings aside—as Obama or any holder of political office in the United States is expected to—I recognize the blatantly obvious political, diplomatic, military, economic and scientific needs to maintain the alliance the US has had with the UK for generations.

As to my motives for anything I say about any politician:

I am neither a democrat or republican. In my observation and experience, all politicians are lying scoundrels, (or become so, soon after taking office), possessed of their own agendas which always benefit them and rarely the voters. Consequently, when I cast my ballot, I vote for the lesser of two evils; sometimes the lesser scoundrel is a democrat sometimes a republican, sometimes a libertarian and when the candidates tie as low-life miscreants I may write-in Thomas Jefferson, Teddy Roosevelt or my cat. Those who peruse this site in its entirety will note that I point out McCain's idiocy as readily as Obama's. I am, as of the above date, preparing to lambast some other republican scoundrels—stay tuned.

Politicians are civil servants, no matter how much they like to perceive themselves as civil masters. They work for you. They work for me. Political malefactors of any persuasion need to have their chicanery and bad behavior pointed out.

Do I believe it's my job to do so? No. Do I feel I'm going to Save All Mankind? Don't be silly. I am simply exercising the natural and inalienable right that all people have: I'm putting in my two-cents. Take it or leave it.

Regarding Obama's disgraceful behavior towards the British, the question was asked:

"But how can we expect someone whose grandfather was tortured by the British under Churchill to feel the same way about him?"

It is entirely possible that Obama's grandfather was tortured by the British—I wouldn't doubt that such a horrible thing may have occurred. I find it curious, however, that there seems to be only one media report on this torture story which has been recounted—essentially verbatim—in many, many media outlets. Yet Obama himself has said nothing about such torture and his own account of his grandfather's treatment by the British in his book Dreams of my Father differs from that media account. They can't both be true. Where does the truth lie?

Regardless of the truth of that allegation, the President is expected to act on behalf of the American People—not on his own personal hatreds. Look at Nixon, who, as President, acted on little but his own personal hatreds. Want him back?

As to Churchill:

"Sir Winston Churchill has been named the greatest Briton of all time in a nationwide poll attracting more than a million votes."
(ref: http://news.bbc.co.uk/2/hi/entertainment/2509465.stm)

The British, under Queen Victoria, supported the Confederate States during the American Civil War. What do you suppose would be the American reaction—or Obama's—if a newly-elected British prime minister rudely and unceremoniously booted out a bust of Abraham Lincoln at 10 Downing Street? (Note: Please read this article in its entirety for my complete take on this issue.

Winston Churchill met with Charles de Gaulle and Joseph Stalin at the end of World War II—two men he passionately loathed. Under trying circumstances, he behaved as a gentleman toward them no matter how much he groused about them behind their backs. Obama could learn a great deal from Churchill. Don't hold your breath, though.

And then there's the slave thing:

"Michelle Obama's great-great-great grandfather worked as a slave"
"Obama's Ancestors Were Slave Owners"

Now, I'm Scots-Irish. You won't hear me going on about the bloody Viking invasions of Scotland and Ireland and the resultant murder and enslavement of my ancestors or how modern-day Scandinavians should be made to feel ashamed and to share in the guilt of those atrocities, because it would be just damn silly. Lunatic.

You won't hear me going on about how the Irish, (especially Irish Catholics), under British domination—slavery—in the 1800's starved to death in the hundreds of thousands, were deprived of most of what we consider basic human rights, were treated as little better than animals, were branded criminals for little or no offense and transported—men, women and children—to penal colonies in Australia and elsewhere.

Yet there are those—white and black—who refuse to put the slavery thing behind them and still gnash their teeth and beat their breasts about it, just as there are people today who hate all living Jews because a handful of Jews, who died 2,000 effing years ago, crucified Christ—never mind that Jesus himself was a Jew. Lunacy.

Yes, all these things are horrible to read about. Painful to contemplate. But they are things of the past: The actions, hatreds, travails and sufferings of people generations and centuries dead. It's history. I, for one, choose to live in the here and now.

White Guilt:

How many of you reading this own slaves? No one? Neither do I. Neither did my parents, nor theirs, nor theirs, nor theirs...

I did not cause slavery. I did not promote slavery. I did not end slavery. I was not involved at all.

I am not responsible—and I refuse to be held responsible by anyone in any way, shape or form—for anything, anywhere, which occurred before I was even born. If you choose to believe differently, you are mentally unbalanced.

Black Angst:

On this page: http://voices.washingtonpost.com/postpartisan/2008/11/black_angst.html a self-professed black American left, in part, this plaintive comment:

"...try to imagine what it has been like for generations of blacks trying to move past the effects of over 200 years of slavery, followed by another 100 years of oppression thanks to our good buddy Jim Crow and others. 300 years. Three HUNDRED Years. 40 years is not enough time for all of those feelings to heal or to move past the results of centuries of institutionalized racism." [Emphasis, mine].

My response is this:

Crap.

What a lame, racist, excuse to blame others for the inner misery in which you have chosen to wallow.

Go to Japan sometime. You'll be treated—almost certainly—very well because it is in their culture to be polite. Whatever color you are—as long as you aren't Japanese—ask a man there for permission to date his daughter and all of a sudden you're a gai-jin pal, and boy-o-boy then you'll see the politeness vanish and the racism appear.

I've been to countries where there hasn't been slavery in a lot more than three hundred years and people of other colors or simply different nationalities are nonetheless treated differently—often insufferably and sometimes violently so. If you are fortunate, you will be tolerated.

I'm white and I've been treated differently by, (some), black neighbors, shopkeepers, politicians—even police officers—simply because of my skin color. I wasn't unkind to them, never said a bad word to them, but they reacted to me as though I had personally bought and sold their great-granddaddies. Sometime their behavior toward me was standoffish, sometimes harsh, sometimes threatening. Two of them burned my house down, so I don't live in that neighborhood anymore. Racists, pure and simple. Their racism is their problem, not mine: I've got better things to do.

Their words, actions and attitudes didn't change my behavior, my opinions or my self-esteem and certainly never have and never will have any part whatsoever in defining who I am or how I feel about myself. I define who I am; other people—living or dead—do not.

Read the Bible, the Koran, the Talmud—read history. This—slavery, racism—isn't an American thing and it isn't a recent thing; its been going on in thousands of places for thousands of years and—sad as it may be—things aren't going to be any different when you wake up tomorrow or the next day or the day after that.

So listen up, Bub. I don't give a levitating rodent's patootie if you're black, white, brown or yellow, or what kind personal hells you have decided to create for yourself. If you are going to whine about it, moan about it, despair about it and "oh, poor me" about it—all the while sitting on your hands and waiting for things to change—you are going to waste whatever life you have left. And it won't be my doing or Jefferson Davis' doing or Jim Crow's doing. It will be your doing.

Whatever you may think about Obama and however Obama may feel about this issue, you can credit him with one thing; putting it behind him long enough to make himself the first black President. Think about that.

As long as people, whatever their heritage, insist on perceiving the world in terms of color—racially, which is... now let's not always see the same hands... yes, Johnny, it's racism—their angst and guilt will continue unabated: There will always be a part of them that is miserable, there will always be a part of them which lives in fear, and they will have no one—living, dead or yet to be born—to blame but themselves.

It sure as hell ain't my fault.

Having said all that, lets again explore Obama's behavior toward the British:

Every President is expected—indeed, required—to behave as a statesman.

My grandfather was born in 1873—he was alive when Custer was. At one point, in Texas, the neighbors—best friends—of my grandfather and grandmother were—the only appropriate word is "slaughtered”—by Indians and my grandparents had to flee their home, barely escaping the same fate.

Now that was bad enough, but what if my grandfather or grandmother, (perish the thought, and may they rest in peace), had been captured and tortured by the Indians? And what if one of their descendants, (and there are a great many; my grandparents had 28 children. No, that's not a misprint), what if one of their descendants were elected President of the United States? How would the American people today expect—require—that President to behave toward the Crow or the Sioux or the Kiowa or the Comanche?

The President is expected to behave like a head of state and not a racist or Anglophobe or Russophobe and so-on ad infinitum.

(Before the amateur mind-readers out there start howling, I have many friends who represent several Native American Nations, (tribes, to the uninformed)—and Lou, if you're reading this, I mean you especially, dear.)

But lets cut to the chase and look at the very essence of the question regarding Presidential behavior:

Should the President of the United States—a public servant and the ultimate representative of the American people, whose decisions and actions affect certainly over 300,000,000 people and potentially billions—let his personal feelings color those decisions rather than basing them on the pros and cons of the facts alone? Should he not be held to the absolute highest standards?

Let's look at a comparatively recent event. Please keep in mind that the situation was far more complex than I am making it appear here, and therefore this may be considered by many a simplistic view—I won't argue that. Whether history ultimately reveals it to be true or not true, it nevertheless serves as an excellent example:

Many believe the deciding factor in President George W. Bush's decision to invade Iraq in 2003 seems to have been that Saddam Hussein—in Bush's words—"tried to kill my dad."
(ref: http://archives.cnn.com/2002/ALLPOLITICS/09/27/bush.war.talk/)

The bottom line is this:

When a man is elevated to the office of President, he damn well should act like The President—the ultimate representative and symbol of the People of the United States—and not a neurotic, angst-ridden ninny, who constantly embarrasses himself, his office and the American People.

To paraphrase Bill Clinton:

"It's the Office, stupid."

 

Other comments, or salient portions thereof and my responses:

I include them because I feel they feel they belong in this kinda-sorta FAQ, for reasons I hope are obvious.

(Note: previously I was using "JS-Kit" to handle my comments, became disenchanted with it and removed it. In the process and despite JS-Kit's indications to the contrary, some comments were, alas, lost. I have no idea why some were lost and others remained. My apologies. I have yet to intentionally remove a comment no matter how oafish.)

Concerning the Thursday, February 5, 2009 Global Warming piece at: http://amccright.blogspot.com/2009/02/james-hansens-former-nasa-supervisor.html

Anonymous... said 1:
"...you're just a lying bastard..."

Thank your for your crude, infantile and insulting comment. I will deign to answer it, even though you hadn't the guts or civility to simply present an opposing point of view—which I would have been happy to read and to which I would have politely responded. Your churlish and vehement comment convinces me that the article shattered your pathetic, ill-informed, world view, and you're too much of a simpering cretin to face reality. The next time you wish to leave a comment, state it in a gentlemanly manner and you will receive a gentlemanly response in turn.

So. "...you're just a lying bastard..."

I'd like to think I'm not "just" anything.

As to the bastard part, my birth certificate indicates my parents were married at the time of my birth, so, no; I am apparently not a bastard. Not that such a silly thing matters.

As for being a liar: I am neither a lawyer, Hollywood actor, politician, talk-show host, union organizer, journalist, banker, broker, car salesman, lobbyist, real estate agent or evangelist. I am not a member of or associated with the United Nations, Handgun Control Inc., Current TV, The View, the New York Times, CNN, ABC, CBS, NBC or the American Medical Association, nor do I have an agenda to promote.

Generally speaking, lying stems through fear. I am not afraid of you or—since my grandmother passed away in 1965—anybody else.

That being said, I do believe in civility: If someone thinks it important that I hear the intimate details of the surgery they underwent at the hands of their proctologist, I will feign interest. Though, after half-an-hour or so, I will suddenly remember an appointment.

Concerning the Thursday, March 12, 2009 article: Obama Just Loves To Insult Our British Allies at:
http://amccright.blogspot.com/2009/03/obama-just-loves-to-insult-our-british.html

Anonymous said... 4
"There are more complex issues here than you are willing to admit."

Ye Gods, another amateur mind-reader! Just what the heck are you talking about, Bub? Enlighten us, please.

I submit that, perhaps things are simpler than you are able to grasp.

There is nothing complex about courtesy. There is nothing complex about decorum. There is nothing complex about maintaining the dignity of your office in the eyes of the world... Civility is simple—unless, of course, you are anonymously insulted by someone implying you are lying.

Friday, March 13, 2009

Draconian New Zealand Copyright Law Foundering?

Major player TelstraClear withdraws its cooperation

Update! See follow-up article: Draconian Internet Copyright Law Dead, Or Is It? March 23, 2009

On 16 February 2009, I wrote about the New Zealand Copyright Act (Section 92A) in Guilt On Accusation - Draconian Internet Copyright Law To Be Enacted. This law would allow American and New Zealand film and music industries to pressure Internet Service Providers (ISPs) to terminate any individual or business users solely on their say so.

On 23 February, the New Zealand government suspended Section 92A which had been scheduled to become active on 28 February. For months, the ruthless law has been under fire from many quarters—not the least of which are some of the ISPs themselves.

Members of the Telecommunications Carriers’ Forum (TCF) a New Zealand organization which develops standards and codes of practice for the New Zealand telecommunications industry, have spent many weeks trying to draft a Code of Practice dealing with the implementation of Section 92A: That Code of Practice needs a unanimous vote to pass TCF's board.

Now TCF member and New Zealand Internet Service Provider giant TelstraClear have stated they will veto the code, saying:

"TelstraClear considers that there is a fundamental problem with the TCF being a party to any code of this nature, which is that the code would be based on flawed legislation… In TetstraClear’s view, any industry code would simply be an attempt to tidy up poorly drafted legislation. TelstraClear does not consider this to be the responsibility of the TCF. Indeed the best outcome would be if s92A was repealed. Failing that, it should be amended to address the above concerns."

InternetNZ, the group which oversees the Internet in New Zealand—including the management of the .nz domain name system—says implementation of Section 92A will be impossible without TelstraClear's participation:

...TelstraClear’s decision not to support the Telecommunications Carriers’ Forum Copyright Code of Practice means the Government should promptly repeal Section 92A of the Copyright Act.

“Executive Director Keith Davidson notes that the TelstraClear decision means the TCF cannot now implement the Code.”It is clear that the agreement that the Government sought will not now be reached between ISPs and rightsholders. To attempt to bring 92A into force now would invite disaster,” Davidson says.

“The problems with the Code have come to a head because the Government made the future of Section 92A dependent on agreement between a limited group of rights holders and a small number of ISPs.

“What about everyone else who is affected? Section 92A applies to any business that provides Internet services to its staff or hosts a website, and can be triggered by any rights holder or claimed rightsholder with a genuine complaint or a malicious axe to grind,” says Davidson.

The University of Auckland has expressed its concerns:

"The main problem is in Section 92A of the Copyright Act which we believe should be removed from the Act or, if it is to remain in some form, then substantially redrafted with input from stakeholders as would have happened during a select committee process."

"The activities of a university also make use of third party copyright materials. These activities could be seriously affected by copyright notices from rights owners demanding the termination of the accounts of a staff member or a student who has legitimately downloaded material under the fair dealing and education provisions of the Act or under the many licences [sic] the University holds to copy and use third party copyright materials. Universities largely have processes and penalties in place to deal with any copyright infringement by staff and students, but these may or may not incorporate the termination provisions. The requirement to terminate accounts or comply with a Code which cuts across those policies threatens institutional autonomy. A university may face unreasonable compliance costs and procedures if it adopts the Draft Code."

Judge David Harvey, former Chair of the New Zealand Copyright Tribunal and author of Internet.law.nz - Selected Issues
has this to say:

"[Section 92A] is poorly drafted and makes a number of unsupported assumptions, but in essence it suggests that an Internet service provider must develop a policy to cancel an existing contract as a result of copyright infringement.

"The reality of the matter is that the cancellation or termination of the contract arises at the behest, not of the Internet service provider, but of copyright owners. Without significant justification in normal circumstances this could amount to an interference with economic relations and raises significant issues about the sanctity of contract... section 92A is unnecessary and gives rise to a situation where a person may be deprived of rights under a contract without proper legal process."

Google voiced its objections in a 6 March 2009 document to TCF:

“Google has a number of concerns around the new section 92A and the impact the section 92A obligation is likely to have on the balance of interests served by copyright law:

"Section 92A undermines the incredible social and economic benefits of the open and universally accessible Internet, by providing for a remedy of account termination or disconnection that is disproportionate to the harm of copyright infringement online.

"Section 92A puts users’ procedural and fundamental rights at risk, by threatening to terminate users’ Internet access based on mere allegations and reverse the burden of proof onto a user to establish there was no infringement. In Google’s experience, there are serious issues regarding the improper use and inaccuracy of copyright notices by rights holders.

"Section 92A could impose significant burdens on ISPs, as it threatens to require enforcement of policies based simply on rights holders’ allegations of infringement."

There are those who maintain that the withdrawal of TelstraClear sounds the death knell for Section 92a, but the New Zealand parliament is still debating courses of action.

The bottom line in all this is that no one—anywhere—should be deprived of their civil rights, of due course of law, particularly when the accuser is a private party with an agenda but no clear evidence of an internet user’s wrongdoing.

The battle for New Zealanders’ civil rights continues.

Thursday, March 12, 2009

Obama Just Loves To Insult Our British Allies

Makes Bush looks like sophisticated Man-Of-The-World

I have refrained from commenting on this until now, waiting for the fallout to settle so the damage might be assessed.

The military—of any nation—is composed of human beings. As in any group of people, in the military you will find those who are the salt of the Earth, those who are absolute jerks—even villains, and everything in between. Correspondingly, you are taught that when you salute, you are saluting the uniform and not the man.

Obama might have learned that lesson had he ever served in the military. But he didn't. He has apparently never even heard of the practice—that, or he just doesn’t care.

Obama appears to be an Anglophobe. He has said that his grandfather was detained for more than six months by the British who suspected him of involvement in the bloody Mau-Mau rebellion. True or not this should be irrelevant. In dealing with the heads and the ambassadors of other nations, Obama is mandated to represent the people of the United States of America—not embark on childish and disgraceful public snit-fits.

First, Obama surprised and insulted the British by returning a bust of Winston Churchill, presented to the Oval Office by the British Government as a show of friendship and solidarity after 9/11.

Then British Prime Minister Gordon Brown arrived in Washington—the first official visit of any head of state to the new President.

Obama cancelled the Rose Garden press conference—traditional in welcoming heads of state—"because of snow" and held a small, awkward and ill-prepared press conference in the Oval Office, leaving out more than a dozen British reporters for lack of room, (there are 132 rooms in the White House, including the huge East Room which was presumably free of snow at the time.) Obama also denied the British prime minister an official state dinner.

Prime Minster Brown presented Obama a pen holder carved from the remains of the HMS Gannet, a Victorian warship that once ran anti-slavery missions along the African coast. The wood of HMS Gannet's sister ship, HMS Resolute, was used to create the President's famous Resolute Desk, a gift from Britain which has been in the Oval Office since 1880. The Prime Minister also gave Obama the framed, original commission of the HMS Resolute, and a first edition of Sir Martin Gilbert's seven-volume authorized biography of Winston Churchill.

Obama's gift to the Prime Minister? A box of 25 DVDS including ET, The Wizard of Oz, Star Wars, Raging Bull, Casablanca, The Graduate and—perhaps most poignant of all—Psycho.

To make matters worse—if that's possible—Obama wasn't smart enough to know that DVDs made for US audiences won't work on British DVD players. British and American DVD players use incompatible formats.

Mrs. Brown then presented the Obama children with two outfits from Topshop, one of Britain's trendiest and most expensive women's-wear stores.

Apparently having learned the art of tastelessness at her husband's side, Mrs. Obama had an aide run down to the White House gift shop to snatch away two toy Marine One Helicopter pieces of junk models for the Prime Minister's children.

Obama then cut the meeting short in order to meet with a group of Boy Scouts, (I'm not making this up, folks.)

But wait—there’s more:

British Cabinet Secretary Sir Gus O'Donnell is now saying that 10 Downing Street is finding it "unbelievably difficult" to get in touch with members of Obama's administration. British officials can't seem to get past the White House answering machines as they try to coordinate plans for the upcoming G20 summit.

O'Donnell said that when he tries to get in touch with key members of Obama's Treasury Department "there is nobody there." The phones ring and no one answers or he gets only a answering machine message. "You cannot believe how difficult it is," O'Donnell said to participants of a civil service conference.

I could say more about this disgraceful state of affairs, but what more needs be said? Well, perhaps more of the British reaction. I will end with comments on the debacle from the UK's Telegraph newspaper:

One thing’s certain when President Obama arrives in London at the end of March - he’ll receive a far warmer and more cordial welcome than the one he doled out to Gordon Brown in Washington earlier this week. As the British media widely noted, the Prime Minister was given a humiliatingly low key reception at the White House at the hands of a new US Administration that seems to care little for the Anglo-American alliance or even the basics of international diplomacy.

No British leader in modern times has been greeted with less decorum by his American counterpart, and the amateur reception he received was more fitting for the arrival of a Third World potentate than the leader of America’s closest ally...a British Prime Minister deserves to be treated with respect, even he is a lame duck at home or is barely recognizable to much of the American public.

President Bush was frequently labeled a cowboy and an isolationist by his critics, but the Bush White House knew how to receive its guests (including traveling press corps) with tremendous dignity, respect for tradition and sincere warmth towards visitors who had traveled thousands of miles to be there.

When Joe Biden outlined the US administration’s foreign policy at the Munich Security Conference last month, he delivered a muddled, quintessentially European-style speech that projected naiveté and confusion. It was a weak-kneed address that could easily have been drafted in Paris or Brussels, a celebration of “soft power” at a time of growing threats to international security. His words revealed a soft underbelly to the American superpower, one that will be probed and exploited by Washington’s worst enemies.

Whether Obama is actually up to the task remains to be seen. His meeting with Brown this week was nothing short of a PR disaster, the embarrassing fledgling steps of a new president unschooled in foreign affairs. He was out of his depth and it showed... the young president could learn a thing of two about leadership from Sir Winston Churchill, the British hero whose bust he so crassly removed from the Oval Office.