Saturday, April 16, 2005

A new way of developing drugs for neglected diseases of the poor world

From The Economist
“THIS week, scientists from the Institute for OneWorld Health, the first not-for-profit pharmaceutical company in America, presented the results of a large clinical trial at the Third World Congress on Leishmaniasis in Palermo, Italy. Leishmaniasis is a parasitic infection transmitted by the bite of a sand fly. The trial shows that an antibiotic called paromomycin is effective for treating the most dangerous version of the disease, visceral leishmaniasis, which affects 1.5m people around the world and kills 200,000 of them every year. Those data are obviously important for medical reasons. But they are also important as a demonstration that the institute's novel approach to drug development is working.

About 90% of the planet's disease burden falls on the developing world. Yet only 3% of the research and development expenditure of the pharmaceutical industry is directed toward those ailments. The rest goes towards treating diseases of the rich. In 2000, Victoria Hale (pictured above), founded the institute to help tackle that discrepancy. She knew from her work as a scientist in the pharmaceutical and biotechnology industries, and subsequently as an official at America's Food and Drug Administration, that numerous promising drug-development projects—particularly for diseases of the poor—are dropped for lack of funding. She reasoned that there was a gap in the market, between academically inclined university departments and fully fledged pharmaceutical firms, for an organisation that would identify such orphans, get their owners to donate the intellectual property if they were still in patent, raise development funding from non-commercial sources, and arm-twist researchers to contribute their expertise to the development process pro bono.

So far, the donation side seems to have worked. In 2002 Celera Genomics gave the institute a promising compound for the treatment of Chagas disease, which infects 12m people in Latin America and is an important cause of heart failure in the region. Yale University has also licensed a potential drug for Chagas to the institute. And the University of California, Santa Barbara, gave it a compound intended for the treatment of schistosomiasis, which affects 200m people, mostly in sub-Saharan Africa. The compound the institute has pushed furthest, though, is paromomycin. In this case no donation was needed, as the drug's patent has expired. Indeed, it is currently used for the treatment of a variety of parasites. But it has never been properly road-tested for leishmaniasis.

…In the mid-1990s, the World Health Organisation (WHO) started testing an injectable form of paromomycin as a treatment for visceral leishmaniasis. Its researchers completed small-scale trials which demonstrated that the drug was safe for use against the disease and seemed to cure the infection. But development stalled at that point because the WHO was unable to find a sponsor for a large-scale trial that would have compared paromomycin with existing treatments.

In 2001, Dr Hale approached the WHO about taking over the trials. The WHO agreed, the Bill and Melinda Gates Foundation stumped up the money, and the institute teamed up with four health-care centres in the Indian state of Bihar in order to test the drug against amphotericin B, an established but expensive treatment.

The trial showed that the two drugs worked more or less equally well. In both cases, 99% of patients responded within four weeks—and though slightly fewer of those on paromomycin remained uninfected after six months, all those relapses proved treatable by other drugs. Given that a course of amphotericin B costs $120, while the institute reckons a course of paromomycin will come in at around $10, this seems a reasonable trade-off. The institute, supported by a further donation from the Gates foundation, plans to submit an application for regulatory approval to the Indian health ministry by the end of the year. If that is granted, the manufacturing will be done by Gland Pharma, a drug company based in Hyderabad.

http://www.economist.com/science/displayStory.cfm?story_id=3860425

Friday, April 15, 2005

American? You Don't Own Your Personal Information

Identity Thieves' Secret Weapon

“But for a single innovative law in California, the nation's consumers might not even be hearing some of the more outrageous news about mass heists of supposedly secure computer information from reputedly trustworthy sources: LexisNexis gently announces about 32,000 suspected thefts of identity data, which soon balloon to 310,000. ChoicePoint, a data broker and credit reporting agency with access to 19 billion records, lets 145,000 consumers know their personal data may have been stolen.…”

Consumers, not data dealers, deserve controlling interest in their vital information.
…mainly because California has a law requiring that consumers be notified when their personal data are pilfered. There is no such federal law, even though identity theft produces $50 billion a year in personal and business losses. As California's consumers play the canary in the data mines, consumer and law enforcement organizations are putting pressure on loosely regulated data brokers to let the rest of us in on their failures. But this is hardly the way to safeguard the American consumer.

Recent Senate hearings show that no one really knows how deeply hackers and in-house thieves are tapping into our personal records. There was the purloining of Ford Motor Credit reports on 30,000 consumers so street thieves could empty bank accounts and run up purchases. Computer backup tapes were lost at the Bank of America with the Social Security numbers and other vital data of 1.2 million federal workers.

http://www.nytimes.com/2005/04/15/opinion/15fri2.html

Thursday, April 14, 2005

Guantánamo Detainee's Suit Says Prison Guards Beat Him

“At one time, military officials said there was no widespread abuse at Guantánamo. But they have had to deal with several accusations of abuse, including the one that stemmed from F.B.I. memorandums that provided credibility and corroboration to accounts from released detainees and from lawyers who represent detainees.…”


By NEIL A. LEWIS
“A lawsuit filed in federal court on Wednesday says guards at the Guantánamo Bay detention center beat a detainee frequently, leaving him with visible scars and partial facial paralysis.

The suit, filed on behalf of Mustafa Ait Idir, an Algerian, is based on accounts that he gave his American lawyer on a recent visit to Guantánamo, in Cuba. Mr. Idir's lawyers said he told them that sometime in the spring of 2004 he was forcibly removed from his cell and that while he was shackled and lying on the ground, a guard jumped on his head. As a result, the suit said, Mr. Idir apparently suffered a stroke and has one side of his face paralyzed.

Wilmer, Cutler, Pickering, Hale & Dorr, is representing Mr. Idir and five fellow Algerians at Guantánamo in a suit that seeks their release. The six were captured in Bosnia-Herzegovina.

The lawyer's accounts form the basis of a federal suit in Boston that asks the Defense Department to release medical records that might corroborate Mr. Idir's account.

A law firm in Boston, Wilmer, Cutler, Pickering, Hale & Dorr, is representing Mr. Idir and five fellow Algerians at Guantánamo in a suit that seeks their release. The six were captured in Bosnia-Herzegovina.

The suit is the first effort to use the Freedom of Information Act to compel the Bush administration to disclose medical records at Guantánamo.

A senior Air Force general has been investigating possible abuses at Guantánamo, an assignment that stemmed from the disclosure of several Federal Bureau of Investigation memorandums in which bureau agents recounted abuses that they had witnessed there.

The memorandums, which were not meant to be made public but were disclosed in a separate suit by the American Civil Liberties Union, provided accounts of detainees' being beaten and chained for long periods.

Unlawful Combatants are no longer people out of uniform in the combat zone, but according to the Bush administration, people picked up anywhere that are suspected of anything that the administration chooses to designate that way.

Like Dred Scott, they have no rights the executive branch need consider. They have been declared non people. They have been so declared at Ohare, La Guardia, Bosnia, and anyplace else on the planet.
A.I.

http://www.nytimes.com/2005/04/14/politics/14detain.html

DeLay: “We set up the courts. We can unset the courts.”

“We set the jurisdiction of the courts,” Mr. DeLay said. “We set up the courts. We can unset the courts.”

As to the ethics questions, Mr. DeLay repeated that he was “more than happy” to have the House ethics committee review those issues. But it cannot do so because the committee is embroiled in a fight over rules changes that critics say will discourage ethics inquiries. Democrats, upset that Republicans adopted the changes without their cooperation, are refusing to constitute the committee this session. The panel met Wednesday to try to resolve the impasse, but was unsuccessful.
“We're trying to find some common ground,” said the chairman, Representative Doc Hastings, Republican of Washington. “We have been talking. As long as we can talk, I tend to be an optimist.”

Democrats, meanwhile, sharply criticized the ethics rule changes on Wednesday at a news conference that featured Representative Nancy Pelosi of California, the House Democratic leader, and the Senate Democratic leader, Harry Reid of Nevada. Ms. Pelosi warned that House Republicans, who rode to power in 1994 by portraying Democrats as arrogant, had become arrogant.

“I have said for a long time their greed will be their downfall,” she said.“I have said for a long time their greed will be their downfall,” Nancy Pelosi said.

At least one Republican, Mr. Shays, seemed to agree on Wednesday. “I'm no fan of Nancy Pelosi,” he said. But, he added, “we said we would be different and we were when we started out. We are quickly becoming like they were when they were in the majority.…”

“I'm no fan of Nancy Pelosi,” one Republican, Mr. Shays said. But, he added, “we said we would be different and we were when we started out. We are quickly becoming like they were when they were in the majority.
“Deflecting all questions about his ethical conduct and political future, Representative Tom DeLay, the House majority leader, on Wednesday stepped up his crusade against judges, announcing that he had instructed the Judiciary Committee to investigate federal court decisions in the Terri Schiavo case and to recommend possible legislation.

At a crowded news conference, Mr. DeLay said he would not entertain questions about his political activities. It was his first question-and-answer session with reporters since one fellow Republican, Representative Christopher Shays of Connecticut, called for him to resign his leadership post and another, Newt Gingrich, the former speaker of the House, said he should explain himself to the American people.

"I'm not here to discuss the Democrats' agenda," Mr. DeLay declared.

He has asserted that Democrats and the "liberal media" are orchestrating a campaign to discredit him by raising questions about possible ethics violations, including overseas travel financed by outside groups.

But the questions persisted. Mr. Gingrich, who in a television interview Tuesday said Mr. DeLay seemed to be blaming a left-wing conspiracy, told a meeting of the American Society of Newspaper Editors on Wednesday that the majority leader must ultimately "brief the country in a public way."

"He and his lawyers have to decide when that is," Mr. Gingrich said. "But he at some point has got to convince people that what he has done was reasonable and authentic and legitimate."

Mr. DeLay was also a topic at the White House press briefing, where Scott McClellan, President Bush's spokesman, said the president supported what Mr. DeLay and other Congressional leaders were doing "to move forward on the agenda that the American people want us to enact."

But Mr. McClellan suggested that the relationship between Mr. Bush and Mr. DeLay, a fellow Texan, was more business than social.

"Sure," Mr. McClellan said, when asked if the president considered Mr. DeLay a friend. He went on, "I think there are different levels of friendship with anybody."

http://www.nytimes.com/2005/04/14/politics/14delay.html

Wednesday, April 13, 2005

No Child Left With a Mind

Study Finds Shortcoming in New Law on Education

By GREG WINTER

“The academic growth that students experience in a given school year has apparently slowed since the passage of No Child Left Behind, the education law that was intended to achieve just the opposite, a new study has found.

In both reading and math, the study determined, test scores have gone up somewhat, as each class of students outdoes its predecessors. But within grades, students have made less academic progress during the school year than they did before No Child Left Behind went into effect in 2002, the researchers said.

That finding casts doubt on whether schools can meet the law's mandate that all students be academically proficient by 2014. In fact, to realize the goal of universal proficiency, the study said, students will have to make as much as three times the progress they are currently making.

The study was conducted by the Northwest Evaluation Association, which develops tests for about 1,500 school districts in 43 states. To complete it, the group drew upon its test data for more than 320,000 students in 23 states, a sample that it calls "broad but not nationally representative," in part because the biggest cities, not being Northwest clients, were not included.

One of the more ominous findings, the researchers said, is that the achievement gap between white and nonwhite students could soon widen. Closing the gap is one of the driving principles of the law, and so far states say they have made strides toward shrinking it.

But minority students with the same test scores as their white counterparts at the beginning of the school year ended up falling behind by the end of it, the study found. Both groups made academic progress, but the minority students did not make as much, it concluded, an outcome suggesting that the gaps in achievement will worsen.

But rising test scores tend to mask how much progress individual students make as they travel through school, the researchers found. Since No Child Left Behind, that individual growth has slowed, possibly because teachers feel compelled to spend the bulk of their time making sure students who are near proficiency make it over the hurdle

…The findings diverge from those of other recent studies, including a survey last month by the Center on Education Policy, a research group. It found that a significant majority of state education officials reported widespread academic progress and a narrowing of the achievement gap.

"This new study should give everybody pause before they run off and say, 'We're marching to victory,' " said Jack Jennings, the center's president. "Maybe we're not."

Kerri Briggs, a senior policy analyst at the Education Department, said the Northwest study had both encouraging and worrisome aspects, but added that she would have to examine it more closely before passing judgment.

Some critics speculated that because the study lacked data from big cities, which have large populations of minority students and have posted significant gains on test scores in recent years, it might have overstated or mischaracterized what was happening with the achievement gap.

"It's hard to know how much you can extrapolate from this study," said Ross Wiener, policy director for the Education Trust, which released its own report in January showing mixed results on student performance and achievement gaps. "I don't think you want to make generalizations about what's going on nationwide."

Still, the Northwest study tracked student performance at a level that others did not, a factor that may help explain why some of its findings appear unorthodox. Rather than relying on test scores at just one point in the year, the Northwest study looked at how students fared in the fall and then again in the spring, in an effort to see how much they had learned during the year.

With this approach, Northwest found that test scores on its exams did, in fact, go up from one year to the next under No Child Left Behind, typically by less than a point. The reason successive classes appear to do a little better than those before them may stem from the fact that younger students have grown up during a time of more regular testing than their immediate predecessors, the researchers said, and are therefore higher achievers.

But rising test scores tend to mask how much progress individual students make as they travel through school, the researchers found. Since No Child Left Behind, that individual growth has slowed, possibly because teachers feel compelled to spend the bulk of their time making sure students who are near proficiency make it over the hurdle.…

http://www.nytimes.com/2005/04/13/national/13child.html

A “Kiss-Up, Kick-Down Sort of Guy”

By STEVEN R. WEISMAN
…John R. Bolton had so bullied an intelligence analyst over Cuba's suspected weapons programs that it shook the intelligence bureau and prompted the secretary of state to intervene.

“In caustic and unusually personal testimony before the Senate Foreign Relations Committee, Carl W. Ford Jr., who was assistant secretary for intelligence and research, said Mr. Bolton was a ‘kiss-up, kick-down sort of guy’ who ‘abuses his authority with little people,’ and an ill-suited nominee to become ambassador to the United Nations.

Mr. Bolton, he said, had been dissatisfied with what he considered the analyst's overly cautious assessment of Cuba's weapons program.

The testimony offered an extraordinary public glimpse into the long-running and raw intelligence wars in the Bush administration, pitting hawks like Mr. Bolton, a protégé of Vice President Dick Cheney, against more circumspect intelligence operatives at the State Department who, among other differences, cast doubt on some prewar claims about Iraq.

Mr. Ford described himself as a conservative Republican and enthusiastic supporter of President Bush, Mr. Cheney and the policies of Mr. Bolton, who has been under secretary of state for arms control and international security since 2001 and an outspoken conservative critic of the United Nations. All the Republican senators at the hearing took pains to praise Mr. Ford for his service and his candor.

Democrats portrayed Mr. Ford's testimony about the clash between Mr. Bolton and the analyst, Christian P. Westermann, as having grave and far-reaching implications for American credibility, especially telling in light of the failure to find illicit weapons in Iraq that the intelligence agencies had said would be there. Republicans, though, characterized it as an isolated incident that would not derail the nomination.

Colin L. Powell, then secretary of state, had to go to the intelligence bureau after Mr. Bolton's criticism of Mr. Westermann, and assure employees that they should continue to "speak truth to power," Mr. Ford recounted.

The reputation of the State Department's intelligence bureau has since emerged relatively unscathed by the highly publicized reviews of intelligence failures in the last few years, its analysts known for resisting what has come to be called group think.

Mr. Ford's gruff, direct and sometimes off-color manner took some senators aback, as when he described Mr. Bolton's dressing-down of Mr. Westermann by saying that ‘he reamed him a new one.’ ”

Mr. Ford's gruff, direct and sometimes off-color manner took some senators aback, as when he described Mr. Bolton's dressing-down of Mr. Westermann by saying that "he reamed him a new one."

It was hardly the kind of language usually heard from diplomats appearing before the Foreign Relations Committee, and it raised eyebrows, but also chuckles, among the senators, their aides and the rows of spectators.

"There are a lot of screamers that work in government," Mr. Ford said. "But you don't pull somebody so low down the bureaucracy that they are completely defenseless. It's an 800-pound gorilla devouring a banana."

Despite the drama, however, Mr. Bolton remained likely to be confirmed for the United Nations post, a nomination that startled both Congress and Embassy Row when the president announced it last month. Senator Lincoln Chafee, a Rhode Island Republican who Democrats were hoping would oppose the nomination, said he remained inclined to support the nominee, viewing the episode about which Mr. Ford testified as an isolated incident.…

http://www.nytimes.com/2005/04/13/international/13bolton.html?pagewanted=all&position=

Tuesday, April 12, 2005

Put a 100,000 Social Securty Numbers On a Laptop,
Lose It,
Get $19,000,000 and Lead the Cybersecurity Project!

Ironically, news of the Berkeley cybersecurity research project comes just weeks after the school warned more than 98,000 people that their personal information may have been exposed following the theft of a laptop computer from its graduate school admissions office.
“The University of California, Berkeley, will lead a $19 million government-funded project to research how to best protect the nation's computing infrastructure.

The announcement, made by the National Science Foundation late Monday, makes U.C. Berkeley one of two U.S. schools receiving funds this year to establish a Science and Technology Center.

The NSF research efforts, which are aimed at promoting interdisciplinary studies in science, will also expand to the University of Kansas this year. The Kansas Science and Technology Center will tackle issues related to polar ice sheets.

According to the NSF, the cybersecurity project at Berkeley will investigate issues of "computer trustworthiness in an era of increasing attacks at all levels on computer systems and information-based technologies." The project will receive the $19 million in funding over five years, as will the Kansas study.

Ironically, news of the Berkeley cybersecurity research project comes just weeks after the school warned more than 98,000 people that their personal information may have been exposed following the theft of a laptop computer from its graduate school admissions office.

A number of other schools will join the Berkeley effort, forming a group that the research project has dubbed the Team for Research in Ubiquitous Secure Technology (TRUST). Among the institutions joining the effort are Carnegie Mellon University, Cornell University, Mills College, San Jose State University, Smith College, Stanford University and Vanderbilt University. On a U.C. Berkeley Web site, TRUST said it will perform research in the areas of security science, systems science and social science.

A collection of corporations will also help promote the research, including BellSouth, Cisco Systems, Hewlett-Packard, IBM, Intel, Microsoft, Qualcomm, Sun Microsystems and Symantec.…

http://tech.nytimes.com/cnet/CNET_2100-7349_3-5666782.html

Videos Challenge Accounts of Convention Unrest

By JIM DWYER
“Dennis Kyne put up such a fight at a political protest last summer, the arresting officer recalled, it took four police officers to haul him down the steps of the New York Public Library and across Fifth Avenue.

"We picked him up and we carried him while he squirmed and screamed," the officer, Matthew Wohl, testified in December. "I had one of his legs because he was kicking and refusing to walk on his own."

Accused of inciting a riot and resisting arrest, Mr. Kyne was the first of the 1,806 people arrested in New York last summer during the Republican National Convention to take his case to a jury. But one day after Officer Wohl testified, and before the defense called a single witness, the prosecutor abruptly dropped all charges.

During a recess, the defense had brought new information to the prosecutor. A videotape shot by a documentary filmmaker showed Mr. Kyne agitated but plainly walking under his own power down the library steps, contradicting the vivid account of Officer Wohl, who was nowhere to be seen in the pictures. Nor was the officer seen taking part in the arrests of four other people at the library against whom he signed complaints.

A sprawling body of visual evidence, made possible by inexpensive, lightweight cameras in the hands of private citizens, volunteer observers and the police themselves, has shifted the debate over precisely what happened on the streets during the week of the convention. ”

For Mr. Kyne and 400 others arrested that week, video recordings provided evidence that they had not committed a crime or that the charges against them could not be proved, according to defense lawyers and prosecutors.

Among them was Alexander Dunlop, who said he was arrested while going to pick up sushi.

Last week, he discovered that there were two versions of the same police tape: the one that was to be used as evidence in his trial had been edited at two spots, removing images that showed Mr. Dunlop behaving peacefully. When a volunteer film archivist found a more complete version of the tape and gave it to Mr. Dunlop's lawyer, prosecutors immediately dropped the charges and said that a technician had cut the material by mistake.

Seven months after the convention at Madison Square Garden, criminal charges have fallen against all but a handful of people arrested that week. Of the 1,670 cases that have run their full course, 91 percent ended with the charges dismissed or with a verdict of not guilty after trial. Many were dropped without any finding of wrongdoing, but also without any serious inquiry into the circumstances of the arrests, with the Manhattan district attorney's office agreeing that the cases should be "adjourned in contemplation of dismissal."

So far, 162 defendants have either pleaded guilty or were convicted after trial, and videotapes that bolstered the prosecution's case played a role in at least some of those cases, although prosecutors could not provide details.

Besides offering little support or actually undercutting the prosecution of most of the people arrested, the videotapes also highlight another substantial piece of the historical record: the Police Department's tactics in controlling the demonstrations, parades and rallies of hundreds of thousands of people

http://www.nytimes.com/2005/04/12/nyregion/12video.html?pagewanted=all&position

Sunday, April 10, 2005

Are US Forces Holding a Shot and Wounded CBS Cameraman?

Reporters Without Borders
Iraq 9 April 2005

“Reporters Without Borders said today it was very worried that the US forces have detained a CBS cameraman of Iraqi nationality ever since shooting and wounding him during an operation against an insurgent on 5 April.

"We call on the US army to release him very quickly if no evidence is produced to support his alleged collaboration with the insurgency," the press freedom organization said.

The organization said there have already been cases of journalists being detained for no reason by the coalition forces in Iraq. In May 2004, for example, three journalists with the French TV station Canal + were detained while working in Baghdad. They were held for nearly 30 hours although they had their press cards and their TV station immediately confirmed their identity.

A US army statement said the CBS cameraman was being held because be might pose "an imperative threat to the coalition forces." CBS said the US military suspect him of links to the rebels because video footage found in his camera shows he was on the scene of several bombings shortly after they took place. This makes the US military think he may have been warned in advance in the insurgents.

CBS yesterday issued a statement of support for their cameraman, who began working for them three months ago after being recommended by one of their fixers. CBS has asked that he not be named for his own protection.

He was wounded in the hip during an exchange of shots between an Iraqi insurgent and members of the 1st brigade of the US 25th infantry division near the northern town of Mosul. In a statement issued by the Pentagon, the US army said soldiers fired at a rebel who was "waving an AK-47 (assault rifle) and inciting a crowd of civilians."

During the incident, "an individual that appeared to have a weapon who was standing near the insurgent was shot and injured. This individual turned out to be a reporter who was pointing a video camera. Regretfully, the reporter was injured during the complex and volatile situation," the statement said, adding that the incident was being investigated.

http://www.rsf.org/article.php3?id_article=13162

Friday, April 08, 2005

It's a Flat World, After All

By THOMAS L. FRIEDMAN
Bill Gates, the Microsoft chairman, warned the governors' conference in a Feb. 26 speech that American high-school education is ''obsolete.'' As Gates put it: ''When I compare our high schools to what I see when I'm traveling abroad, I am terrified for our work force of tomorrow. In math and science, our fourth graders are among the top students in the world. By eighth grade, they're in the middle of the pack. By 12th grade, U.S. students are scoring near the bottom of all industrialized nations. . . . The percentage of a population with a college degree is important, but so are sheer numbers. In 2001, India graduated almost a million more students from college than the United States did. China graduates twice as many students with bachelor's degrees as the U.S., and they have six times as many graduates majoring in engineering. In the international competition to have the biggest and best supply of knowledge workers, America is falling behind.''
“It all happened while we were sleeping, or rather while we were focused on 9/11, the dot-com bust and Enron -- which even prompted some to wonder whether globalization was over. Actually, just the opposite was true, which is why it's time to wake up and prepare ourselves for this flat world, because others already are, and there is no time to waste.

I wish I could say I saw it all coming. Alas, I encountered the flattening of the world quite by accident. It was in late February of last year, and I was visiting the Indian high-tech capital, Bangalore, working on a documentary for the Discovery Times channel about outsourcing. In short order, I interviewed Indian entrepreneurs who wanted to prepare my taxes from Bangalore, read my X-rays from Bangalore, trace my lost luggage from Bangalore and write my new software from Bangalore.

The longer I was there, the more upset I became -- upset at the realization that while I had been off covering the 9/11 wars, globalization had entered a whole new phase, and I had missed it. I guess the eureka moment came on a visit to the campus of Infosys Technologies, one of the crown jewels of the Indian outsourcing and software industry. Nandan Nilekani, the Infosys C.E.O., was showing me his global video-conference room, pointing with pride to a wall-size flat-screen TV, which he said was the biggest in Asia.

Infosys, he explained, could hold a virtual meeting of the key players from its entire global supply chain for any project at any time on that supersize screen. So its American designers could be on the screen speaking with their Indian software writers and their Asian manufacturers all at once. That's what globalization is all about today, Nilekani said. Above the screen there were eight clocks that pretty well summed up the Infosys workday: 24/7/365. The clocks were labeled U.S. West, U.S. East, G.M.T., India, Singapore, Hong Kong, Japan, Australia.

''Outsourcing is just one dimension of a much more fundamental thing happening today in the world,'' Nilekani explained. ''What happened over the last years is that there was a massive investment in technology, especially in the bubble era, when hundreds of millions of dollars were invested in putting broadband connectivity around the world, undersea cables, all those things.''

At the same time, he added, computers became cheaper and dispersed all over the world, and there was an explosion of e-mail software, search engines like Google and proprietary software that can chop up any piece of work and send one part to Boston, one part to Bangalore and one part to Beijing, making it easy for anyone to do remote development.

When all of these things suddenly came together around 2000, Nilekani said, they ''created a platform where intellectual work, intellectual capital, could be delivered from anywhere. It could be disaggregated, delivered, distributed, produced and put back together again -- and this gave a whole new degree of freedom to the way we do work, especially work of an intellectual nature. And what you are seeing in Bangalore today is really the culmination of all these things coming together.''

Summing up the implications of all this, Nilekani uttered a phrase that rang in my ear. He said , ''Tom, the playing field is being leveled.'' Countries like India were now able to compete for global knowledge work as never before -- and America had better get ready for this. As I left the Infosys campus that evening, I kept chewing on that phrase: ''The playing field is being leveled.''

''What Nandan is saying,'' I thought, ''is that the playing field is being flattened. Flattened? Flattened? My God, he's telling me the world is flat!''

In Bangalore one of India's smartest engineers, trained at his country's top technical institute and backed by the most modern technologies of his day, was telling me that the world was flat, as flat as that screen on which he can host a meeting of his whole global supply chain. He was citing this development as a new milestone in human progress and a great opportunity for India and the world -- the fact that we had made our world flat!

Globalization 1.0 (1492 to 1800) shrank the world from a size large to a size medium, and the dynamic force in that era was countries globalizing for resources and imperial conquest.

Globalization 2.0 (1800 to 2000) shrank the world from a size medium to a size small, and it was spearheaded by companies globalizing for markets and labor.

Globalization 3.0 (which started around 2000) is shrinking the world from a size small to a size tiny and flattening the playing field at the same time.

While the dynamic force in Globalization 1.0 was countries globalizing and the dynamic force in Globalization 2.0 was companies globalizing, the dynamic force in Globalization 3.0 -- the thing that gives it its unique character -- is individuals and small groups globalizing.

Individuals must ask: where do I fit into the global competition and opportunities of the day? How can I, on my own, collaborate with others globally? Globalization 3.0 differs from the previous eras in how it is shrinking and flattening the world and in how it empowers individuals. It differs in that Globalization 1.0 and 2.0 were driven primarily by European and American companies and countries.

Going forward, this will be less and less true. Globalization 3.0 is not only going to be driven more by individuals but by a much more diverse -- non-Western, nonwhite -- group of individuals. In Globalization 3.0, you are going to see every color of the human rainbow take part.

''Today, the most profound thing to me is the fact that a 14-year-old in Romania or Bangalore or the Soviet Union or Vietnam has all the information, all the tools, all the software easily available to apply knowledge however they want,'' said Marc Andreessen, a co-founder of Netscape. ''That is why I am sure the next Napster is going to come out of left field. … at some point you will be able to design vaccines on your laptop.''

Andreessen touches on the most exciting part of Globalization 3.0: the fact that we are now in the process of connecting the knowledge pools in the world together. We've tasted some of the downsides of that in the way that Osama bin Laden has connected terrorist knowledge pools together through his Qaeda network, and the work of teenage hackers spinning off more and more lethal computer viruses. By connecting all these knowledge pools we are on the cusp of an incredible new era of innovation, an era that will be driven from left field and right field, from West and East and from North and South.

30 years ago, if you had a choice of being born a B student in Boston or a genius in Bangalore or Beijing, you probably would have chosen Boston, because a genius in Beijing or Bangalore could not really take advantage of his or her talent. They could not plug and play globally. Not anymore. Not when the world is flat, and anyone with smarts, access to Google and a cheap wireless laptop can join the innovation fray.

When the world is flat, you can innovate without having to emigrate. This is going to get interesting. We are about to see creative destruction on steroids.… ”

http://www.nytimes.com/2005/04/03/magazine/03DOMINANCE.html?incamp=article_popular_3&pagewanted=all&position=

Pentagon's Plan Would Expand Its Enemy List

By NEIL A. LEWIS
“Pentagon planners are proposing that military commanders be authorized to declare someone an enemy combatant and detain him if he belongs to any of hundreds of suspected terrorist organizations, a human rights group said on Thursday.

The extensive list of groups suspected of terrorism is part of a 142-page draft proposal to the Joint Chiefs of Staff that is intended to provide an all-inclusive guide for military commanders on their obligations and authority for detaining people.

Executive Order 13224, currently 92 pages, contains common names and aliases like “Mohammad Zia” and “Abdullah Ahmed,” shared by tens of thousands of persons worldwide, and names groups that are neither at war with nor engaged in terrorism against the United States, such as the Basque separatist group ETA; the Sword of David or American Friends of the United Yeshiva Movement; and the Real Irish Republican Army.

“This policy could strip hundreds of thousands of people worldwide—including civilians—of their basic rights not to arbitrarily detained,” said Roth.

John Sifton, a senior official of Human Rights Watch who provided the document, said it was a radical departure for the government to assert that membership in such a broad range of groups could qualify a person to be deemed an enemy combatant, a term that has previously been used mostly for members of Al Qaeda and the Taliban.

The government has used the term "enemy combatant" for detainees who are not covered by the protections of the Geneva Conventions. The Bush administration has argued that such detainees may be held indefinitely, unlike prisoners of war, who must be released when combat ends.

“ The new policies, set out in a 142-page final draft document prepared by the Joint Chiefs of Staff entitled “Joint Publication 3-63: Joint Doctrine for Detainee Operations,”include a directive that would allow the military to hold enemy combatants as “ghost detainees,” by denying access to them by the International Committee of the Red Cross.

The guidelines also specify that humane treatment of all detainees can be limited by “military necessity,” a position that is both contrary to international and domestic law and opens the door to mistreatment and even torture of detainees.

‘Instead of correcting current violations of the Geneva Conventions, these guidelines would shred the conventions further,’ said Kenneth Roth, executive director of Human Rights Watch. ‘The policies set out in this document could even require personnel to commit war crimes.’ ”

Military personnel can be criminally liable for stripping protected persons of their rights under the conventions.

The guidelines formalize a new category of detainee, “enemy combatants,” in connection with “the Global War on Terror” who are “not entitled to the privileges and protection of the Geneva Conventions.” The document then cites an extensive and expanding list of “terrorists and terrorist groups” identified under President Bush’s 2001 Executive Order 13224, and states: “Anyone detained that is affiliated with these organizations will be classified as EC [Enemy Combatant].”

Executive Order 13224, currently 92 pages, contains common names and aliases like “Mohammad Zia” and “Abdullah Ahmed,” shared by tens of thousands of persons worldwide, and names groups that are neither at war with nor engaged in terrorism against the United States, such as the Basque separatist group ETA; the Sword of David or American Friends of the United Yeshiva Movement; and the Real Irish Republican Army.

“This policy could strip hundreds of thousands of people worldwide—including civilians—of their basic rights not to arbitrarily detained,” said Roth.

The Pentagon document has not yet been publicly released, and is set to be submitted to Secretary Rumsfeld for approval on April 16. Human Rights Watch called on Secretary Rumsfeld to reject the proposed guidelines.


Pentagon Detention Guidelines Entrench Illegality
http://hrw.org/english/docs/2005/04/07/usdom10440.htm

http://www.nytimes.com/2005/04/08/politics/08joint.html

Wednesday, April 06, 2005

Some Colleges Falling Short in Security of Computers

Why on earth would you put thousands of names and Social Security numbers on a laptop?

A legacy system that used Social Security on paper doesn't require transferring those numbers to an easily lost or stolen system.

Common sense, which apparently is uncommon at UC Berkeley, tells you that this is a catastrophe waiting, impatiently, to happen.
By TOM ZELLER Jr.
Last Monday, administrators at the University of California, Berkeley, acknowledged that a computer laptop containing the names and Social Security numbers of nearly 100,000 people - mostly graduate school applicants - had been stolen. Just three days earlier, Northwestern University reported that hackers who broke into computers at the Kellogg School of Management there may have had access to information on more than 21,000 students, faculty and alumni. And one week before that, officials at California State University, Chico, announced a breach that may have exposed personal information on 59,000 current, former and prospective students.

There is no evidence that any of the compromised information has been used to commit fraud. But at a time of rising concerns over breaches at commercial data warehouses like ChoicePoint and LexisNexis, these incidents seem to highlight the particular vulnerabilities of modern universities, which are heavily networked, widely accessible and brimming with sensitive data on millions of people.

Data collected by the Office of Privacy Protection in California, for example, showed that universities and colleges accounted for about 28 percent of all security breaches in that state since 2003 - more than any other group, including financial institutions.

‘Universities are built on the free flow of information and ideas,’ said Stanton S. Gatewood, the chief information security officer at the University of Georgia, which is still investigating a hacking incident there last year that may have exposed records on some 20,000 people.

‘They were never meant to be closed, controlled entities. They need that exchange and flow of information, so they built their networks that way.’

In many cases, Mr. Gatewood said, that free flow has translated into a highly decentralized system that has traditionally granted each division within a university a fair amount of autonomy to set up, alter and otherwise maintain its own fleet of networked computers. Various servers that handle mail, Web traffic and classroom activities - ‘they're all out in the colleges within the university system,’ Mr. Gatewood explained, ‘and they don't necessarily report to the central I.T. infrastructure.’

Throw in aging equipment, an entrenched sense that information should be as free-flowing as possible, and a long-standing reliance on Social Security numbers as the primary means of identifying and tracking transient populations, and the heightened vulnerabilities of universities become apparent.

‘We sometimes battle networks and mainframes in place since the 1960's,’ said Mr. Gatewood, ‘and mind-sets in place even longer.’ ”

Social Security numbers have served as the default identifier for students, faculty and staff at nearly all universities and colleges. Printed on identification cards, posted on bulletin boards along with grades, it was used to link bits of information, across dozens of networked databases, on each individual.

A few states - Wisconsin, California, Arizona, New York and West Virginia ban or limit the using Social Security numbers in this way, according to privacy advocate Robert Ellis Smith. Many universities have abandoned or are in the process of ceasing to use Social Security numbers as the primary means of identifying students.

A 2002 survey indicated that at least half were still using it as the primary identifier for students in their databases. Because the number has been used to link so many records, in so many different databases, in so many different departments for so long, abandoning it quickly is nearly impossible.

‘It's complicated,’ said Virginia Rezmierski, the assistant to the vice provost for information technology at the Ford School of Public Policy at the University of Michigan. ‘We started a long time ago, and gave the university seven years to complete the process.’

The University of Michigan completed a migration to randomly generated id numbers in 2003. But Professor Rezmierski points out that groups inside and outside the university still use Social Security numbers, forcing universities to continue to handle them. National testing agencies still use Social Security numbers to identify the scores of incoming students.

Universities have tended to put too much emphasis on preventing attacks from worms and viruses and too little on capturing troublemakers who quietly stroll through their databases.

Leaking names and Social Security numbers from all these universities was not the result of noisy, destructive attacks, someone's been able to get into the network without being detected.‘’

http://www.nytimes.com/2005/04/04/technology/04data.html?pagewanted=all&position=

White House Defines Congressional Oversight of C.I.A. Detentions

By DOUGLAS JEHL

“The White House is maintaining extraordinary restrictions on information about the detention of high-level terror suspects, permitting only a small number of members of Congress to be briefed on how and where the prisoners are being held and interrogated, senior government officials say.

Some Democratic members of Congress say the restrictions are impeding effective oversight of the secret program, which is run by the Central Intelligence Agency and is believed to involve the detention of about three dozen senior Qaeda leaders at secret sites around the world.

By law, the White House is required to notify the House and Senate Intelligence Committees of all intelligence-gathering activities. But the White House has taken the stance that the secret detention program is too sensitive to be described to any members other than the top Republican and Democrat on each panel.

The issue is expected to be discussed at a hearing scheduled for Thursday, at which Porter J. Goss, the director of central intelligence, is to testify in closed session before the Senate Intelligence Committee. The detention program remains so highly classified that the members of Congress would discuss the restrictions that surround it only in the most general of terms.

When the executive branch decides how the legislative branch will oversee it, we don't have constitutional government.

Since the C.I.A. first took custody of Qaeda members in 2002, other government officials said, the only lawmakers on the House panel and its Senate counterpart whom the White House has permitted to be briefed on the issue have been the chairmen and ranking minority members.…

The limited nature of the C.I.A. briefings has not been publicly disclosed. But Mr. Goss and Senator Pat Roberts, Republican of Kansas, the chairman of the Senate Intelligence Committee, alluded to them in the Armed Services Committee hearing last month in which they defended the practice as having fulfilled the C.I.A.'s obligations.…

Mr. Roberts said he believed that Congress "has been fully informed of what the C.I.A. is doing in terms of interrogating captured terrorists," through what he called "our ongoing briefings with staff and members as the classification does permit." But he acknowledged what he called "some of the questions raised by members," some of them on the Intelligence Committee.…

A spokeswoman for Mr. Roberts, Sarah Little, said the senator had "occasionally" objected to the degree of access to sensitive information the administration allowed to committee members, and had sometimes won agreement to a change in practice.

A C.I.A. spokeswoman, Jennifer Millerwise, said Mr. Goss, as a former chairman of the House Intelligence Committee, "takes very seriously his responsibility to keep appropriate overseers informed, and we do so.…"

The authority to classify information rests with the White House and its designees, and the tools of Congress to challenge such designations are limited to the power it controls over the federal budget. The restrictions that the White House has imposed on briefings about the C.I.A. detention program were described by Republican and Democratic Congressional officials as particularly severe.

Since the detention program was established in 2002, the officials said, the C.I.A. detention effort has been classified as a "special access program," a category that puts it off limits even to most of those with top secret security clearances. In general, such restrictions have been applied only to covert operations and ongoing espionage investigations, Congressional officials say.

A former senior intelligence official said the main reason for the secrecy was to prevent information about where the prisoners were being held from being publicly disclosed. Such a disclosure, the official said, would almost certainly cause host governments to force the C.I.A. to shut down the detention operations being carried out on their soil.…

The restrictions also appear to have had the effect of limiting public discussion about the C.I.A.'s detention program. At a Senate Armed Services Committee hearing last month, Mr. Goss turned aside questions about the detention program on grounds that the C.I.A. had already answered them, through the briefings provided to the leaders of the intelligence panel.

"As far as I know, there has been no question that has been asked that has not been answered to the committee," Mr. Goss said, adding that he knew that the chairman, ranking member and some staff members from each panel "have been briefed in on the aspects of the transfer, the detention, the interrogation and the techniques."

The list of those who have been fully briefed on the program may be limited to the eight members of Congress who have served as the chairmen or ranking members of the House and Senate Intelligence Committees since early 2002. That list includes all four members who are currently in those positions: Mr. Roberts and Peter Hoekstra of Michigan, the Republican chairmen of the two committees, and Senator John D. Rockefeller IV of West Virginia and Representative Jane Harman of California, the top Democrats.


http://www.nytimes.com/2005/04/06/national/06detain.html?pagewanted=all&position

Monday, April 04, 2005

Outsourcing War

By P. W. SINGER From the March/April 2005 issue of Foreign Affairs
The world's most dominant military has become increasingly reliant on private military firms (the Pentagon has entered into more than 3,000 such contracts over the last decade), the industry and its clientele are not just American. Private military companies have operated in more than 50 nations, on every continent but Antarctica. European militaries, which lack the means to transport and support their forces overseas, are now greatly dependent on PMFs for such functions. To get to Afghanistan, European troops relied on a Ukrainian firm that, under a contract worth more than $100 million, ferried them there in former Soviet jets. The British military, following in the Pentagon's footsteps, has begun to contract out its logistics to Halliburton.

“The tales of war, profit, honor, and greed that emerge from the private military industry often read like something out of a Hollywood screenplay. They range from action-packed stories of guns-for-hire fighting off swarms of insurgents in Iraq to the sad account of a private military air crew languishing in captivity in Colombia, abandoned by their corporate bosses in the United States. A recent African "rent-a-coup" scandal involved the son of a former British prime minister, and accusations of war profiteering have reached into the halls of the White House itself.

Incredible as these stories often sound, the private military industry is no fiction. Private companies are becoming significant players in conflicts around the world, supplying not merely the goods but also the services of war. Although recent well-publicized incidents from Abu Ghraib to Zimbabwe have shone unaccustomed light onto this new force in warfare, private military firms (PMFs) remain a poorly understood--and often unacknowledged--phenomenon. Mystery, myth, and conspiracy theory surround them, leaving policymakers and the public in positions of dangerous ignorance. Many key questions remain unanswered, including, What is this industry and where did it come from? What is its role in the United States' largest current overseas venture, Iraq? What are the broader implications of that role? And how should policymakers respond? Only by developing a better understanding of this burgeoning industry can governments hope to get a proper hold on this newly powerful force in foreign policy. If they fail, the consequences for policy and democracy could be deeply destructive.

PMFs are businesses that provide governments with professional services intricately linked to warfare; they represent, in other words, the corporate evolution of the age-old profession of mercenaries. Unlike the individual dogs of war of the past, however, PMFs are corporate bodies that offer a wide range of services, from tactical combat operations and strategic planning to logistical support and technical assistance.

The modern private military industry emerged at the start of the 1990s, driven by three dynamics: the end of the Cold War, transformations in the nature of warfare that blurred the lines between soldiers and civilians, and a general trend toward privatization and outsourcing of government functions around the world. These three forces fed into each other. When the face-off between the United States and the Soviet Union ended, professional armies around the world were downsized. At the same time, increasing global instability created a demand for more troops. Warfare in the developing world also became messier--more chaotic and less professional--involving forces ranging from warlords to child soldiers, while Western powers became more reluctant to intervene. Meanwhile, advanced militaries grew increasingly reliant on off-the-shelf commercial technology, often maintained and operated by private firms. And finally, many governments succumbed to an ideological trend toward the privatization of many of their functions; a whole raft of former state responsibilities--including education, policing, and the operation of prisons--were turned over to the marketplace.

Nowhere has the role of PMFs been more integral--and more controversial--than in Iraq. Not only is Iraq now the site of the single largest U.S. military commitment in more than a decade; it is also the marketplace for the largest deployment of PMFs and personnel ever. More than 60 firms currently employ more than 20,000 private personnel there to carry out military functions (these figures do not include the thousands more that provide nonmilitary reconstruction and oil services)--roughly the same number as are provided by all of the United States' coalition partners combined.

The PMFs that arose as a result are not all alike, nor do they all offer the exact same services. The industry is divided into three basic sectors: military provider firms (also known as "private security firms"), which offer tactical military assistance, including actual combat services, to clients; military consulting firms, which employ retired officers to provide strategic advice and military training; and military support firms, which provide logistics, intelligence, and maintenance services to armed forces, allowing the latter's soldiers to concentrate on combat and reducing their government's need to recruit more troops or call up more reserves.

Although the world's most dominant military has become increasingly reliant on PMFs (the Pentagon has entered into more than 3,000 such contracts over the last decade), the industry and its clientele are not just American. Private military companies have operated in more than 50 nations, on every continent but Antarctica. For example, European militaries, which lack the means to transport and support their forces overseas, are now greatly dependent on PMFs for such functions. To get to Afghanistan, European troops relied on a Ukrainian firm that, under a contract worth more than $100 million, ferried them there in former Soviet jets. And the British military, following in the Pentagon's footsteps, has begun to contract out its logistics to Halliburton.”

President George W. Bush's "coalition of the willing" might thus be more aptly described as the "coalition of the billing."

…Nowhere has the role of PMFs been more integral--and more controversial--than in Iraq. Not only is Iraq now the site of the single largest U.S. military commitment in more than a decade; it is also the marketplace for the largest deployment of PMFs and personnel ever. More than 60 firms currently employ more than 20,000 private personnel there to carry out military functions (these figures do not include the thousands more that provide nonmilitary reconstruction and oil services)--roughly the same number as are provided by all of the United States' coalition partners combined. President George W. Bush's "coalition of the willing" might thus be more aptly described as the "coalition of the billing."

The wide scope of critical jobs that contractors are now carrying out is far more extensive in Iraq than in past wars. From war-gaming and field training U.S. troops before the invasion, to logistics and support during the war's buildup, we've become completely dependent on contractors.

“The massive U.S. complex at Camp Doha in Kuwait, which served as the launch pad for the invasion, was not only built by a PMF but also operated and guarded by one. During the invasion, contractors maintained and loaded many of the most sophisticated U.S. weapons systems, such as B-2 stealth bombers and Apache helicopters. They even helped operate combat systems such as the Army's Patriot missile batteries and the Navy's Aegis missile-defense system.

PMFs--ranging from well-established companies such as Vinnell and mpri to startups such as the South African firm Erinys International--have played an even greater role in the postinvasion occupation and counterinsurgency effort. Halliburton's Kellogg, Brown & Root division, the largest corporate PMF in Iraq, currently provides supplies for troops and maintenance for equipment under a contract thought to be worth as much as $13 billion. (This figure, in current dollars, is roughly two and a half times what the United States paid to fight the entire 1991 Persian Gulf War, and roughly the same as what it spent to fight the American Revolution, the War of 1812, the Mexican-American War, and the Spanish-American War combined.) Other PMFs are helping to train local forces, including the new Iraqi army and national police, and are playing a range of tactical military roles.

An estimated 6,000 non-Iraqi private contractors currently carry out armed tactical functions in the country. These individuals are sometimes described as "security guards," but they are a far cry from the rent-a-cops who troll the food courts of U.S. shopping malls. In Iraq, their jobs include protecting important installations, such as corporate enclaves, U.S. facilities, and the Green Zone in Baghdad; guarding key individuals (Ambassador Paul Bremer, the head of the Coalition Provisional Authority, was protected by a Blackwater team that even had its own armed helicopters); and escorting convoys, a particularly dangerous task thanks to the frequency of roadside ambushes and bombings by the insurgents.

PMFs, in other words, have been essential to the U.S. effort in Iraq, helping Washington make up for its troop shortage and doing jobs that U.S. forces would prefer not to. But they have also been involved in some of the most controversial aspects of the war, including alleged corporate profiteering and abuse of Iraqi prisoners.…”

The question of profit in a military context.

The incentives of a private company do not always align with its clients' interests--or the public good. In an ideal world, this problem could be kept in check through proper management and oversight; in reality, such scrutiny is often absent.

The question of lost control.

Even when contractors do military jobs, they remain private businesses and thus fall outside the military chain of command and justice systems. PMFs retain a choice over which contracts they will take and can abandon or suspend operations if they become too dangerous or unprofitable; their employees, unlike soldiers, can always choose to walk off the job. Several times already in Iraq: during periods of intense violence, numerous private firms delayed, suspended, or ended their operations, placing great stress on U.S. troops. At other times, PMF employees endured greater risks and dangers than their military counterparts.

There are insufficient controls over who can work for these firms and for whom these firms can work.

The recruiting, screening, and hiring of individuals for public military roles is left in private hands. In Iraq, this problem was magnified by the gold-rush effect: many firms entering the market were either entirely new to the business or had rapidly expanded. Many PMF employees are extremely well qualified. A great number of retired U.S. special forces operatives have served with PMFs in Iraq, as have former members of the United Kingdom's elite sas (Special Air Service).

But the rush for profits has led some corporations to cut corners in their screening procedures. U.S. Army investigators of the Abu Ghraib prisoner-abuse scandal found that "approximately 35 percent of the contract interrogators [hired by the firm caci] lacked formal military training as interrogators."

There have been cases where, investigations of contractors serving in Iraq revealed the hiring of a former British Army soldier who had been jailed for working with Irish terrorists and a former South African soldier who had admitted to firebombing the houses of more than 60 political activists during the apartheid era.

Problems can occur with PMFs' clientele.

Military contractors have worked for democratic governments, the UN, and even humanitarian and environmental organizations. They have also been employed by dictatorships, rebel groups, drug cartels, and, prior to September 11, 2001, at least two al Qaeda-linked jihadi groups.

An episode in Equatorial Guinea illustrates the problems that PMFs can run into in the absence of external guidance or rules. In 2004, Logo Logistics, a British-South African PMF, was accused of plotting to overthrow the government in Malabo.

A planeload of employees was arrested in Zimbabwe, and several alleged funders in the British aristocracy (including Sir Mark Thatcher, the son of Margaret Thatcher) were soon implicated in the scandal. They have been accused of trying to topple Equatorial Guinea's government for profit motives. Their would-be victim, President Teodoro Obiang Nguema Mbasogo, is a corrupt dictator who took power by killing his uncle and runs one of the most despicable regimes on the continent--hardly a sympathetic victim.

PMFs also create legal dilemmas.

On both the personal and the corporate level, there is a striking absence of regulation, oversight, and enforcement. Private military firms and their employees are now integral parts of many military operations, but, they tend to fall through the cracks of current legal codes, which sharply distinguish civilians from soldiers.

They are not quite civilians, given that they often carry and use weapons, interrogate prisoners, load bombs, and fulfill other critical military roles. They are not quite soldiers, either. One military law analyst noted, "Legally speaking, [military contractors] fall into the same grey area as the unlawful combatants detained at Guantánamo Bay."

This lack of clarity means that when contractors are captured, their adversaries get to define their status. The results of this uncertainty can be dire--as they have been for three American employees of California Microwave Systems whose plane crashed in rebel-held territory in Colombia in 2003. The three have been held prisoner ever since, afforded none of the protections of the Geneva Conventions. Meanwhile, their corporate bosses and U.S. government clients seem to have washed their hands of the matter.

Such difficulties also play out when contractors commit misdeeds. It is often unclear how, when, where, and which authorities are responsible for investigating, prosecuting, and punishing such crimes. Unlike soldiers, who are accountable under their nation's military code of justice wherever they are located, contractors have a murky legal status, undefined by international law (they do not fit the formal definition of mercenaries). Normally, a civilian's crimes fall under the jurisdiction of the country where they are committed. But PMFs typically operate in failed states; indeed, the absence of local authority usually explains their presence in the first place. Prosecuting their crimes locally can thus be difficult.

Iraq still has no well-established courts, and during the formal U.S. occupation, regulations explicitly exempted contractors from local jurisdiction. It is often just as difficult to prosecute contractors in their home country, since few legal systems cover crimes committed outside their territory.

Not one private military contractor has been prosecuted or punished for a crime in Iraq (unlike the dozens of U.S. soldiers who have), despite the fact that more than 20,000 contractors have now spent almost two years there. Either every one of them happens to be a model citizen, or there are serious shortcomings in the legal system that governs them.

In the Abu Ghraib prisoner-abuse case, all of the translators and up to half of the interrogators involved were private contractors working for two firms, Titan and caci. The Army found that contractors were involved in 36 percent of the proven incidents and identified 6 employees as individually culpable. More than a year after the incidents, not one of these individuals has been indicted, prosecuted, or punished, though the U.S. Army has found the time to try the enlisted soldiers involved. There has not been any attempt to assess corporate responsibility for the misdeeds. The only formal inquiry into PMF wrongdoing on the corporate level was conducted by caci itself. Caci investigated caci and, unsurprisingly, found that caci had done no wrong.

http://www.nytimes.com/cfr/international/20050301faessay_v84n2_singer.html?pagewanted=all&position

Sunday, April 03, 2005

Presidential Daily Briefs as Cover Your A's

It seems like they've been reorganizing American Intelligence all my adult life. I'm 55 years old. I couldn't legally vote, or sign a contract until I was 21 years old, but, I could enlist, I sure as hell could be drafted, and I sure was classified 1A. I even got called in for the physical, but somehow, I wasn't asked to raise my hand and pledge allegiance to the constitution (not the flag) of the United States.…

Anyone trying to make sense of America's many intelligence failures should read In Search of Enemies: A CIA Story by John Stockwell. ISBN 0393009262. It should be mandated by law for all politicians. It's out of print now, and the link is to used copies, but search your public library for it. Read it for free, and a whole lot of you will decide it's worth having.

Some things just don't change. In Daily Intelligence Briefings Are Vague, Officials Say By SCOTT SHANE and DAVID E. SANGER ,“officials told the commission that they read the brief, known as the P.D.B., mainly for "defensive" purposes, Charles S. Robb, a former Virginia senator and governor, and Laurence H. Silberman, a senior federal judge, said in an interview on Friday.

‘They knew that was going to drive the president's schedule on a given day, and they had to be prepared for that reason,’ Mr. Robb said. ‘I cannot recall any particular current or former official saying that they believed the P.D.B. was in and of itself that valuable to them. It was more of a defensive reading of the document.’

The comments suggest that the grave shortcomings of the daily briefs before the Iraq war, detailed as part of the commission's sweeping 601-page indictment of the nation's intelligence agencies, have not been remedied despite efforts in recent months by the Central Intelligence Agency to improve them. Asked about how the briefs have changed and whether they were still more alarmist and less nuanced’ than the underlying information warranted, as the commission concluded, the White House refused to comment.

Questions about the commission's critique and how the process has changed, directed to Stephen J. Hadley, the national security adviser, went unanswered. His spokesman, Frederick Jones, said the White House did not want to discuss a ‘privileged presidential document.’”


In Curveball the Goofball http://www.nytimes.com/2005/04/03/opinion/04dowd.html
MAUREEN DOWD wrote Organizations organically respond to please the boss. Bosses naturally surround themselves with people who tell them what they want to hear.

When King Lear's favorite daughter spoke frankly to him, and refused to fawn like her sisters, she was instantly banished. Insincerity pays.

It is absurd to have yet another investigation into the chuckleheaded assessments on Saddam's phantom W.M.D. that intentionally skirts how the $40 billion-a-year intelligence was molded and manufactured to fit the ideological schemes of those running the White House and Pentagon.

As the commission's co-chairman, Laurence Silberman, put it: "Our executive order did not direct us to deal with the use of intelligence by policy makers, and all of us were agreed that that was not part of our inquiry."

Huh? That's like an investigation into steroids in baseball that looks only at the drug companies, not the players who muscled up.

We don't need a 14-month inquiry producing 601 pages at a cost of $10 million to tell us the data on arms in Iraq was flawed. We know that. When we got over there, we didn't find any.

This is the fourth exhaustive investigation that has not answered the basic question: How did the White House and Pentagon spin the information and why has no one gotten in trouble for it? If your kid lied and hid stuff from you to do something he thought would be great, then wouldn't admit it and blamed someone else, he'd be punished - even if his adventure worked out all right for him.

When the "values" president and his aides do it, they're rewarded. Condoleezza Rice was promoted to secretary of state. Stephen Hadley, Condi's old deputy, was promoted to national security adviser. Bob Joseph, a national security aide who helped shovel the uranium hooey into the State of the Union address, is becoming an under secretary of state. Paul Wolfowitz, who painted the takeover of Iraq as such a cakewalk that our troops went in without the proper armor or backup, will run the World Bank. George Tenet, who ran the C.I.A. when Al Qaeda attacked and when Saddam's mushroom cloud gained credibility, got the Medal of Freedom.

…The quality of the brief may be particularly crucial in this administration because by the accounts of close aides and intelligence officials, President Bush is extremely interested in what the spy agencies tell him. He has been described by aides as asking frequent questions, sometimes calling in C.I.A. officers for direct briefings. A senior intelligence official sits on the staff of the national security council to act as an intermediary, and to demand more information.

But none of that questioning pierced through the huge errors in the Iraq intelligence, the commission concluded. It said the briefs "left an impression of many corroborating reports where in fact there were very few sources." Some administration officials say Mr. Bush now demands to see some of the backup sourcing, but they could not say how often he hears dissenting views, and Mr. Hadley's office would not comment on that issue.

Mr. Bush receives an oral briefing each morning from 8 to 8:45 on foreign intelligence and domestic security. The C.I.A. briefer is usually accompanied by the agency's director, currently Porter J. Goss.

Contrary to his image in some circles as a man with little appetite for detailed study, Mr. Bush asked early in his presidency that the brief be expanded and delivered in a loose-leaf notebook to include more than just the 10 to 15 pages of finished intelligence analyses on current topics.

The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, as it is formally called, reviewed about two years of the President's Daily Briefs in the period before the American-led invasion of Iraq in 2003. It found the reports were "disastrously one-sided," giving the president a "daily drumbeat" of sensational headlines.

They noted that Mr. Goss has said that preparing, studying and delivering the daily brief takes as much as six hours a day. Although Mr. Bush has said the newly appointed director of national intelligence, John D. Negroponte, will become his "primary briefer," Mr. Robb and Judge Silberman said they thought that would distract Mr. Negroponte from his main task of overseeing the 15 intelligence agencies and coordinating their work.…

http://www.nytimes.com/2005/04/03/politics/03report.html

Plain-Language Blogging on Schiavo Case

Lawyer's plain-language blogging on Schiavo case a refuge for many
By Staci D. Kramer
Throughout the Schiavo media frenzy, lawyer Matt Conigliaro's blog stayed on mission -- offering the straight scoop on Florida appellate law. He spoke with OJR about the media, bias and "citizen" journalism.

“A reporting lifetime ago, I was part of the often intense coverage of the similar Nancy Cruzan and Christine Busalacchi cases in Missouri. But they played out on a different media stage than the Schiavo case with its wall-to-wall cable coverage and relentless attention online. News organizations were still the primary gatekeepers -- and if people wanted to get their message out, it went through us or usually went unheard.

Today, it's the opposite -- anyone who has something to say has access to a digital printing press and a shot at being read. True, the noise-to-quality ratio is high, and the amount of misinformation masquerading as fact can be scary. But the opening in the gates also makes way for those with something significant to add.

Take Florida law blog AbstractAppeal, where appellate lawyer Matt Conigliaro combines passion for the law and a talent for explaining points like hearsay or case law for feeding tubes. Once it turned up on my radar, it quickly became invaluable, an oasis in the frenzied coverage and polarizing posts; as soon as a ruling came in or a new legal issue was raised, I clicked right in. I spend more time with his resource page than those at news sites.

When Conigliaro started Abstract Appeal, billed as "the first Web log devoted to Florida Law & The Eleventh Circuit Court of Appeals," in 2003, he thought he'd be writing primarily for other Florida lawyers. But Conigliaro wound up in the eye of a category five legal hurricane -- the battle over Terri Schiavo. The combination turned him outward, to a lawyer explaining the law in language it doesn't take a law degree to understand.

While other bloggers following the case tend to side either with husband Michael Schiavo or parents Robert and Mary Schindler, Conigliaro stuck with his initial focus -- Florida and appellate law -- and, in the process, created a port in the storm for those seeking a coherent, comprehensive understanding of the legal issues without a bias toward either family. Conigliaro's primary bias, freely admitted, is toward the law.

I have learned how much the public at large does not know about the legal system, even some of the most basic principles are fairly foreign to a lot of the public, and one of them is the notion of finality, that cases come to an end, that when a trial is held, an appeal is concluded, there are very few ways to try to undo that judgment and start over.

Online Journalism Review: You have devoted an enormous amount of personal resources to doing this. Why are you so compelled to do it and what kind of role do you think you're playing?

Matt Conigliaro: It’s, I guess, a fairly easy answer. I started this weblog regarding Florida law. I'm an appellate attorney, so that's what I do, follow case law for a living so it does merge pretty well with what I do for a living. When this case started to become news I had done relatively few postings on it, other than to just sort of comment on what was going on but didn’t really try to be very insightful. What made me try to be more detailed -- I ended up creating that information page; I literally did it overnight -- I was in the middle of a trial … and I happened to catch a radio show as I was traveling from spot to spot that had the host just screaming about what the case was about, and I knew much of what the host was saying just wasn't true. I knew from reading the appellate proceedings in the case that's not what happened. I was somewhat fed up, and I ended up going home that night, didn't sleep and stayed up all night to write that page.

It was really done as a way of trying to give people that were curious some basic explanation of the procedures, because as I first heard it, "Well the husband wants her dead so the Florida courts have just listened to him." That's not what happened at all. "She's not really in a vegetative state; she's talking and walking and thinking and communicating." The court decisions were exactly to the contrary. There had been a whole trial on what she wanted. The decision was not made by the husband; it was made by the court based on what everybody said about her, her life, her wishes. The representations about it being a decision by the husband were just wrong, and they were inflammatory, too. The statements about her not being in a vegetative state, well, you can still debate that and apparently people still are -- there had been a whole trial on the issue. The court had heard from experts on both sides, heard from an independent court-appointed expert and reached a decision. My original goal was just to get that kind of information out there so that if people were curious there'd be somewhere to go. Also, as I started to get e-mails on it I could refer people to the page.

OJR: You started out by doing little posts that would say so-and-so had a column, so-and-so has a story, and then you had this shift and you started to become the explainer.

MC: Because nobody else was. At some point it didn't do much good to just keep referring people to articles because stories didn’t do a good job of explaining what's going on. And stories are written by reporters, who generally aren't lawyers. It's no slight against them; they get their information by usually talking to lawyers, people involved in the case, people who often make for good quotes and certainly give you their client's spin on whatever's going on, but it doesn't necessarily make for an objective look at what's happened.

MC: It's very troubling to people because they end up being very misled. And if a reporter makes a mistake, then everybody who reads the story or hears the report gets misled. What eventually happened is I started to appreciate just how much misinformation was out there and how much people had questions that media never answered. I started trying to answer.

OJR: Was this the responsibility of local media? Did they miss out on this?

MC: To a great extent, yes, I think so. Although far more, I think it was both a missed opportunity and a bit of a train wreck for the national media because the local media has had this case around for 7 years; at least since 2002, this has been a big deal in Central Florida. Everybody has heard about this case here for years. The local media pretty much figured out the basics of what was going on years ago, and they were being fairly reliable in their reporting in the sense they didn't get things wrong very often. Sometimes -- but not very often. What they didn't do was give much insight into what was happening and what the law was. The stories mostly consisted of some quotes by one side and some quotes by the other side, which leaves the average person clueless about what the law is.

It's understandable a reporter who's not trained in legal matters might not want to be writing stories that firmly declare what the law is, they'd rather quote a professor who says something. They just don’t feel they have the ability or the standing to be declaring what the law is -- and maybe that's appropriate. On the local level, it left a pretty big hole in the coverage. On the national level … I used the term train wreck and I mean it. The misinformation from the national media right through today is still appalling.

OJR: What kinds of perceptions of yours have changed – or have any -- about the way the public approaches information and news?

MC: I'm not sure anything has changed. I think I've learned a lot, though.

OJR: What have you learned?

MC: I've learned that there is just a broad cross-section of people out there who have different levels of interest in the law. I have been pleasantly amazed at the number of people who have contacted me who are genuinely interested in learning what the law says on these different issues and understanding why it says that and how it works. At the same time, there are people who have also contacted me that don’t care at all about the law, don't want to know what it says, don't want to understand it; instead, they simply want to blame people for results – like the judge.

This case cut almost no new legal ground in Florida law. To a lot of people this was new and that this could happen was news to them, but, in terms of the law, if you look at the decisions in this case, there's almost nothing new that's come out of it. The basic framework of what happened here was already the law. A lot of folks out there don’t want to hear that, they don't want to know the judge followed the law … they just want to blame the judge and say he’s corrupt, power hungry and other derogatory terms they want to throw at him.

MC: Generally. I've been unfortunately disappointed. I think there are a lot of well-meaning reporters out there and well-meaning hosts who just don’t have the time to learn what's involved in a case like this or the law that surrounds a case like this. Maybe the people who prepare them are just doing a poor job but, in the end, the country has heard very loudly from a number of people who just didn't know the facts of the case, who just didn’t know the law when they talked about it. They talked about things being true, being factual, that were just incorrect.

MC: I think it would be great if others contributed this way, I think it's inevitable too, maybe not as common as you’d like to see it. … If there was another Schiavo case next month I think I'd collapse. I'm personally lucky that I don’t have kids and work three blocks from where I live.

If more people would do it would be good. The danger that I have seen come from this -- I have learned how much the public at large does not know about the legal system, even some of the most basic principles are fairly foreign to a lot of the public, and one of them is the notion of finality, that cases come to an end, that when a trial is held, an appeal is concluded, there are very few ways to try to undo that judgment and start over. The other thing is not so much a principle as an observation -- it's almost impossible to judge a trial that you weren't there to see, whether it’s a jury or a judge making the final decision, they make those findings based on body language, tone of voice, all sorts of strange things that you’ll get when you’re there that you’ll never see later.

http://www.ojr.org/ojr/stories/050329kramer/

Friday, April 01, 2005

Step by Step We've Lost Our Identity

‘At some point,’ said General Cullen, “I had to say: ‘Wait a minute. We cannot go along with this.’ ”
We Can't Remain Silent
By BOB HERBERT

“Rear Adm. John Hutson, who is now president of the Franklin Pierce Law Center in Concord, N.H., and Brig. Gen. James Cullen, a lawyer in private practice in New York, said they believed that both the war effort and the military itself have been seriously undermined by official policies that encouraged the abuse of prisoners.

Both men said they were unable to remain silent as institutions that they served loyally for decades, and which they continue to love without reservation, are being damaged by patterns of conduct that fly in the face of core values that most members of the military try mightily to uphold.

"At some point," said General Cullen, "I had to say: 'Wait a minute. We cannot go along with this.' "

The two retired officers have lent their support to an extraordinary lawsuit that seeks to hold Defense Secretary Donald Rumsfeld ultimately accountable for policies that have given rise to torture and other forms of prisoner abuse. And last September they were among a group of eight retired admirals and generals who wrote a letter to President Bush urging him to create an independent 9/11-type commission to fully investigate the problem of prisoner abuse from the top to the bottom of the command structure.

Admiral Hutson, who served as the Navy's judge advocate general from 1997 to 2000, said he felt sick the first time he saw the photos of soldiers abusing detainees at Abu Ghraib prison. "I felt like somebody in my family had died," he said.

Even before that, he had been concerned by the Bush administration's decision to deny the protections of the Geneva Conventions to some detainees, and by the way prisoners at Guantánamo Bay were being processed and treated. He said that when the scandal at Abu Ghraib broke, "I knew in my soul that it was going to be bigger than that, that we had just seen the tip of the iceberg and that it was going to get worse and worse and worse."

The letter to President Bush emphasized the wide scope of the problem, noting that there were "dozens of well-documented allegations of torture, abuse and otherwise questionable detention practices" involving prisoners in U.S. custody. It said:

"These reports have implicated both U.S. military and intelligence agencies, ranging from junior enlisted members to senior command officials, as well as civilian contractors. ... No fewer than a hundred criminal, military and administrative inquiries have been launched into apparently improper or unlawful U.S. practices related to detention and interrogation. Given the range of individuals and locations involved in these reports, it is simply no longer possible to view these allegations as a few instances of an isolated problem."

Admiral Hutson and General Cullen have worked closely with a New York-based group, Human Rights First, which, along with the American Civil Liberties Union, filed the lawsuit against Mr. Rumsfeld. A report released this week by Human Rights First said that the number of detainees in U.S. custody in Iraq and Afghanistan has grown to more than 11,000, and that the level of secrecy surrounding American detention operations has intensified.

http://www.nytimes.com/2005/04/01/opinion/01herbert.html

In a passage criticizing the vaunted President's Daily Brief, the super-secret intelligence document that Mr. Bush and his predecessors have received each morning, complaining that its "attention-grabbing headlines and drumbeat of repetition" left misleading impressions, and no room for shadings. "In ways both subtle and not so subtle, the daily reports seemed to be 'selling' intelligence," the commission found, "in order to keep its customers, or at least the First Customer, interested."
A Final Verdict on Prewar Intelligence Is Still Elusive

By TODD S. PURDUM

"It is hard to deny the conclusion that intelligence analysts worked in an environment that did not encourage skepticism about the conventional wisdom," the commission said. But that understated indictment is about the extent of the commission's effort to explain the responsibilities of the nation's highest officials for one of the worst intelligence failures of modern times.

So the latest and presumably the last official review of such questions leaves unresolved what may be the biggest question of all: Who was accountable, and will they ever be held to account for letting what amounted to mere assumptions "harden into presumptions," as Judge Laurence H. Silberman, chairman of the commission, put it.

http://www.nytimes.com/2005/04/01/politics/01policy.html

A full accounting awaits the work of historians. But already some people have been judged, albeit it indirect ways, while others have been rewarded, even promoted. Some who foresaw potential disaster were punished or pushed aside, while the president and vice president were given new terms.

President Bush's election-year order creating the commission (and a schedule that assured it would report well after the election) did not authorize it to investigate how policy makers had used the intelligence they received. In the end, the commission reserved by far its sharpest criticism for the agencies that provided the intelligence, blaming them over and over again in its 601-page unclassified report for "poor tradecraft and poor management."

By comparison, the commission made a tantalizing but oblique reference to the president. It came in a passage criticizing the vaunted President's Daily Brief, the super-secret intelligence document that Mr. Bush and his predecessors have received each morning, complaining that its "attention-grabbing headlines and drumbeat of repetition" left misleading impressions, and no room for shadings. "In ways both subtle and not so subtle, the daily reports seemed to be 'selling' intelligence," the commission found, "in order to keep its customers, or at least the First Customer, interested."

Yemeni Held in Guantánamo Was Seized in Cairo, Group Says (By NEIL A. LEWIS )

Sometime in September 2002, a Yemeni businessman and intelligence officer was abducted on a Cairo street, then kept incommunicado for more than a year by United States authorities, and is now among those imprisoned at Guantánamo Bay, Cuba, according to an examination of his case by Human Rights Watch.

The case of Abdul Salam Ali al-Hila is an example of what human rights groups call "reverse renditions," in which a foreign government assists or cooperates in seizing someone who is then transferred to United States custody. John Sifton, the researcher at Human Rights Watch, the advocacy group - who compiled information on the Hila case from interviews with the man's family, his letters from Guantánamo and government statements published in news reports in Arab countries - said it was "another example of the United States stretching the laws of war and human rights principles to the breaking point.

"You can't just hold people incommunicado indefinitely just by declaring them enemy combatants," he added.

Mr. Sifton and officials from other human rights groups say there are dozens of such people, defined as those who are picked up far from the battlefield of the Afghanistan war and then wind up at the detention center at Guantánamo. Once there, they are considered unlawful combatants.

http://www.nytimes.com/2005/03/30/international/americas/30detain.html

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