Friday, March 31, 2006

Woe Unto Them Who Make a Pretense To Devour Widows Houses

Shocks Seen in New Math for Pensions
By MARY WILLIAMS WALSH
A proposed new method of reporting pension obligations is likely to show that many companies have a lot more debt than was obvious before.

“The board that writes accounting rules for American business is proposing a new method of reporting pension obligations that is likely to show that many companies have a lot more debt than was obvious before.

In some cases, particularly at old industrial companies like automakers, the newly disclosed obligations are likely to be so large that they will wipe out the net worth of the company.

The panel, the Financial Accounting Standards Board, said the new method, which it plans to issue today for public comment, would address a widespread complaint about the current pension accounting method: that it exposes shareholders and employees to billions of dollars in risks that they cannot easily see or evaluate. The new accounting rule would also apply to retirees' health plans and other benefits.

A member of the accounting board, George Batavick, said, "We took on this project because the current accounting standards just don't provide complete information about these obligations."

The board is moving ahead with the proposed pension changes even as Congress remains bogged down on much broader revisions of the law that governs company pension plans. In fact, Representative John A. Boehner, Republican of Ohio and the new House majority leader, who has been a driving force behind pension changes in Congress, said yesterday that he saw little chance of a finished bill before a deadline for corporate pension contributions in mid-April.

Congress is trying to tighten the rules that govern how much money companies are to set aside in advance to pay for benefits. The accounting board is working with a different set of rules that govern what companies tell investors about their retirement plans.

The new method proposed by the accounting board would require companies to take certain pension values they now report deep in the footnotes of their financial statements and move the information onto their balance sheets — where all their assets and liabilities are reflected. The pension values that now appear on corporate balance sheets are almost universally derided as of little use in understanding the status of a company's retirement plan. ”

A Benefit for Insurers
By MILT FREUDENHEIM
Critics who say the insurance industry got too big a role in the new Medicare drug program may not know the half of it.

“While the stand-alone Part D drug plans are expected to give insurers a small profit, the margins are likely to be thin — 1 percent to 3 percent before taxes, Humana estimates. That is partly because Humana is offering low premiums and co-payments to attract customers. And the federal subsidy for each customer in a stand-alone Medicare drug plan is only about $75 a month.

But for providing a full Medicare Advantage health policy to a patient, the government pays the insurer $900 to $2,000 a month beyond whatever premium, if any, the patient pays. With that revenue, come bigger profit margins — 3 percent to 5 percent, according to James H. Bloem, Humana's chief financial officer.

For UnitedHealth, the Part D drug business by itself would not be particularly lucrative, adding only 5 to 7 cents to earnings a share, according to Jason Nogueira, an analyst who tracks health care companies for the investment firm T. Rowe Price. That would be no more than 2 cents on the sales dollar for UnitedHealth, which had $45 billion in 2005 revenue and expects profit of $2.90 a share this year.

So the real financial opportunities lie in upgrading Part D enrollees to other Medicare-linked policies. In essence, the high federal subsidies for Medicare Advantage policies are the government's reward to insurers for taking people out of traditional, federally supervised Medicare and into the commercial world of managed care. In fact, Medicare now pays private insurers 15 percent more, on average, to take a patient than it spends in a traditional government program for each patient.

Critics of Medicare's approach, including a number of senior Democrats in Congress, have asked the Congressional Budget Office to examine the issue. The budget office estimated that Medicare could save more than $40 billion over the next 10 years if subsidies to insurers were scaled back to the levels the program now pays directly to doctors and hospitals.

Representative Pete Stark of California, the senior Democrat on the Ways and Means Committee, said in an interview that insurance agents "are out trying to promote seniors into Medicare Advantage plans, and switch them out of plans they are in."

The Medicare law that created the Part D program, Mr. Stark said, "was written by insurance company lobbyists with the help of pharmaceutical company lobbyists."

In a telephone interview, Michael O. Leavitt, the secretary of health and human services, defended the administration's market-based approach to Medicare, saying that market forces were pushing prices lower and that any kinks in Part D would be worked out.

"The market will become simplified because consumers want that," Mr. Leavitt said.

As long as the incentive of federal subsidies stays at current levels, insurers have every reason to pursue them, especially as the industry struggles with slowing growth in its traditional core business of managing employer-sponsored health benefits.

Charles Boorady, a health care securities analyst at Citigroup, said that by expanding Medicare-subsidized offerings, the insurance industry had a potential revenue opportunity of more than $450 billion a year "or enough to almost double the revenue of the managed care industry." ”

1 Then Jesus spoke to the crowds and to His disciples:
2 “The scribes and the Pharisees are seated in the chair of Moses.[1] Perhaps a special chair for teaching in synagogues, or a metaphorical phrase for teaching with Moses’ authority
3 Therefore do whatever they tell you and observe [it]* The bracketed text has been added for clarity. . But don’t do what they do,[2] Lit do according to their works because they don’t practice what they teach.
4 They tie up heavy loads that are hard to carry[3] Other mss omit that are hard to carry and put them on people’s shoulders, but they themselves aren’t willing to lift a finger[4] Lit lift with their finger to move them.
5 They do everything[5] Lit do all their works to be observed by others: They enlarge their phylacteries[6] Small leather boxes containing OT texts, worn by Jews on their arms and foreheads and lengthen their tassels.[7] Other mss add on their robes
6 They love the place of honor at banquets, the front seats in the synagogues,
7 greetings in the marketplaces, and to be called ‘ Rabbi’ by people.

8 “But as for you, do not be called ‘Rabbi,’ because you have one Teacher,[8] Other mss add the Messiah and you are all brothers.
9 Do not call anyone on earth your father, because you have one Father, who is in heaven.
10 And do not be called masters either, because you have one Master,[9] Or Teacher the Messiah.
11 The greatest among you will be your servant.
12 Whoever exalts himself will be humbled, and whoever humbles himself will be exalted.

13 “But woe to you, scribes and Pharisees, hypocrites! You lock up the kingdom of heaven from people. For you don’t go in, and you don’t allow those entering to go in. [
14 “Woe to you, scribes and Pharisees, hypocrites! You devour widows’ houses and make long prayers just for show.[10] Or prayers with false motivation This is why you will receive a harsher punishment.][11]

I guess the market is supposed to solve these problems too, but will it solve our problems or business' problems?

Tuesday, March 28, 2006

Iraqi Documents Are Put on Web, and Search Is On - New York Times

Iraqi Documents Are Put on Web, and Search Is On - New York Times

"There's no quality control," said Michael Scheuer, a former Central Intelligence Agency specialist on terrorism. "You'll have guys out there with a smattering of Arabic drawing all kinds of crazy conclusions. Rush Limbaugh will cherry-pick from the right, and Al Franken will cherry-pick from the left."

American intelligence agencies and presidential commissions long ago concluded that Saddam Hussein had no unconventional weapons and no substantive ties to Al Qaeda before the 2003 invasion.

But now, an unusual experiment in public access is giving anyone with a computer a chance to play intelligence analyst and second-guess the government.

Under pressure from Congressional Republicans, the director of national intelligence has begun a yearlong process of posting on the Web 48,000 boxes of Arabic-language Iraqi documents captured by American troops.

Less than two weeks into the project, and with only 600 out of possibly a million documents and video and audio files posted, some conservative bloggers are already asserting that the material undermines the official view.

On his blog last week, Ray Robison, a former Army officer from Alabama, quoted a document reporting a supposed scheme to put anthrax into American leaflets dropped in Iraq and declared: "Saddam's W.M.D. and terrorist connections all proven in one document!!!"

Not so, American intelligence officials say. "Our view is there's nothing in here that changes what we know today," said a senior intelligence official, who would discuss the program only on condition of anonymity because the director of national intelligence, John D. Negroponte, directed his staff to avoid public debates over the documents. "There is no smoking gun on W.M.D., Al Qaeda, those kinds of issues."

All the documents, which are available on fmso.leavenworth.army.mil/products-docex.htm, have received at least a quick review by Arabic linguists and do not alter the government's official stance, officials say. On some tapes already released, in fact, Mr. Hussein expressed frustration that he did not have unconventional weapons.

Intelligence officials had serious concerns about turning loose an army of amateurs on a warehouse full of raw documents that include hearsay, disinformation and forgery. Mr. Negroponte's office attached a disclaimer to the documents, only a few of which have been translated into English, saying the government did not vouch for their authenticity.

Another administration official described the political logic: "If anyone in the intelligence community thought there was valid information in those documents that supported either of those questions — W.M.D. or Al Qaeda — they would have shouted them from the rooftops."


http://www.nytimes.com/2006/03/28/politics/28intel.html

Sunday, March 26, 2006

Another Problem Markets Can't Solve!

Retraining Laid-Off Workers, but for What? - New York Times:

Layoffs have disrupted the lives of millions of Americans over the last 25 years. The cure that these displaced workers are offered — retraining and more education — is heralded as a sure path to new and better-paying careers. But often that policy prescription does not work, as this book excerpt explains. It is adapted from "The Disposable American: Layoffs and Their Consequences" by Louis Uchitelle, an economics writer for The New York Times. Knopf will publish the book on Tuesday.

“They were, in nearly every case, family men in their 30's and 40's who had worked for United Airlines since the mid-1990's. Summoned by their union, they had gathered in the carpeted conference room at the Days Inn next to Indianapolis International Airport, not far from United's giant maintenance center, a building so big that 12 airliners could be overhauled in it simultaneously. That no longer happened. Most of the repair bays were empty. The airline was cutting back operations, and the 60 mechanics at the meeting were in the fourth group to be let go.

Confrontation had brought on the layoffs. Influenced by militants in their union local, Hoosier Air Transport Lodge 2294 of the International Association of Machinists, the 2,000 mechanics at the center had engaged in a work slowdown for many months, and then a refusal to work overtime. But rather than give ground, United responded by outsourcing, sending planes to nonunion contractors elsewhere in the country.

That scared the mechanics. They quieted down and, in effect, authorized the leaders of Lodge 2294 to make peace. Their hope was that if they cooperated, United would ease up on the layoffs and revive operations at, arguably, one of the most efficient, high-tech maintenance centers in the world. In this state of mind, the union was helping to usher the 60 laid-off mechanics quietly away. It had rented the conference room on this cold January evening in 2003 to introduce the men to what amounted to a boot camp for recycling laid-off workers back into new, usually lower-paying lines of work.

SIMILAR federally subsidized boot camps, organized by state and local governments, often in league with unions, have proliferated in the United States since the 1980's, and now many cities have them. Unable to stop layoffs, government has taken on the task of refitting discarded workers for "alternate careers." In deciding as a nation to try to rejuvenate them as workers, we put in place a system, however unrealistic, that implicitly acknowledged layoffs as a legitimate practice.

The presumption — promoted by economists, educators, business executives and nearly all of the nation's political leaders, Democrats and Republicans alike — holds that in America's vibrant and flexible economy there is work, at good pay, for the educated and skilled. The unemployed need only to get themselves educated and skilled and the work will materialize. Education and training create the jobs, according to this way of thinking. Or, put another way, an appropriate job at decent pay materializes for every trained or educated worker.

If the workers were already trained, as the mechanics certainly were, then what they needed was additional training and counseling as a transition into well-paying, unfilled jobs in other industries.

If the transition failed to function as advertised, well, the accepted wisdom suggested that it was the fault of the workers themselves. Their failure to land good jobs was due to personality defects or a resistance to acquiring new skills or a reluctance to move where the good jobs were.

That was the myth. It evaporated in practice for the aircraft mechanics, whose hourly pay ranged up to $31. Not enough job openings exist at $31 an hour — or at $16 an hour, for that matter — to meet the demand for them. Jobs don't just materialize at cost-conscious companies to absorb all the qualified people who want them.

You cannot be an engineer or an accountant without a degree; in that sense, education and training certainly do count. Furthermore, in the competition for the jobs that exist, the educated and trained have an edge. That advantage shows up regularly in wage comparisons. But you cannot earn an engineer's or an accountant's typical pay if companies are not hiring engineers and accountants, or are hiring relatively few and can control the wage, chipping away at it.

For the mechanics at the Days Inn, the retraining process would begin in a few days with workshops in résumé writing and interviewing skills, personality evaluations and job counseling — and, for a lucky few, tuition grants to go back to school. The mechanics were being "counseled out" of their well-paying trade… ”

The real myth, the one that's killing our hopes and dreams, is the myth that markets, and that's markets alone, solve all economic problems and every social problem with a major economic component.

The invisible hand of the market has been credited for the subtitles under the ‘American Dream,’ before that dream had a name, before there was an America to dream about.

When we wrote our constitution we left the words slave and slavery out, counted on the market to solve the problems of all those other persons it terated as three fifths of a person for purposes of representation.

Nearly a century after our civil war we were still waiting for the market to solve segregation. We're still waiting for the market to enable Pulitzer prize winner Clarence Page to have the certainty of being able to catch a taxicab near the Chicago Tribune's headquarters in downtown Chicago.

Markets failed to enable auto workers the ability to afford the cars they made. Nor did markets solve the post World War Two housing shortage, create the suburbs as we know them, or guarantee their racial composition.

They won't solve their racial problems either. Not anymore than markets get black people test drives at auto dealerships.

Deliberate systematic government actions created all white suburbs in the forties and fifties. Policy and politics created the inner city ghettoes. Banking regulations made most urban blight inevitable, simply by failing to mandate equal access to loans for people in equal financial circumstances.

Peoples livelihoods are threatened by National policies far more than global markets, because there are no truly free markets. There are certainly no markets where everyone is regulated by the same rules.!


http://www.nytimes.com/2006/03/26/business/yourmoney/26lou.html?pagewanted=all

Saturday, March 25, 2006

No Surprises Here

Our conceit is that we’re the world’s sole superpower

But Katrina shows us treating our own citizens in the same ways as third world despots.


We act or fail to act based on class, caste, ethnicity, creed and race.



So is it any wonder that we don’t even count Iraqi casualties?

In the official American world view they don’t count at all.



From http://www.daytondailynews.com/search/content/shared/news/stories/1002courtmartial.html:

The Bush administration bungled the Iraq occupation, arrogantly throwing away State Department occupation plans and C.I.A. insurgency warnings. But the human toll of those mistakes has not been as viscerally evident because the White House pulled a curtain over the bodies: the president has avoided the funerals of soldiers, and the Pentagon has censored the coffins of the dead coming home and never acknowledges the number of Iraqi civilians killed.
American soldiers are immune from the laws of Iraq, so al-Hillali sought justice from the American military, which charged the soldiers with two counts each of armed robbery and discharging a firearm. Although Army officials found some of the missing items in the soldiers' possession and they admitted to robbing houses under the guise of looking for illegal weapons, the Army dismissed the charges. In exchange, Barron said, both soldiers agreed to leave the military.

Using previously undisclosed Army records, the Dayton Daily News found that dozens of soldiers have been accused of crimes against Iraqis since the first troops deployed for Iraq. But despite strong evidence and convictions in some cases, only a small percentage resulted in punishments nearing those routinely imposed for such crimes by civilian justice systems.

In a number of other cases, there was no evidence that thorough or timely criminal investigations were conducted. Other cases weren't prosecuted, and still others resulted in dismissals, light jail sentences or no jail sentence at all.

In several cases, crimes involving military property and violations of military rules such as drinking or adultery — many not crimes at all under civilian law — were treated more harshly than cases involving killing, robbing or kidnapping Iraqi civilians.

"I've been surprised at some of the lenient sentences," said Gary D. Solis, a former military judge and prosecutor who teaches military law at the U.S. Military Academy at West Point. "I have an uneasy suspicion that it relates to the nationality of the victim."

Criminal acts by soldiers — and the lack of punishment — add to the hatred that is fueling the insurgency in Iraq, putting soldiers at greater risk, Solis and other experts said.

"There's been a decline for the respect for the rule of international law and a failure to understand that we, the United States, have to be the good guys," Solis said. "Misconduct only breeds contempt for those who engage in the misconduct, and if we do what we accuse them of doing, then we are in a losing position."

A Daily News analysis of records from the Army Court-Martial Management Information System database found that 226 soldiers were charged with offenses between the first deployments and Jan. 1, 2005. Of the 1,038 separate charges, fewer than one in 10 involved crimes against Iraqis. Virtually all of the rest, more than 900 charges, involved crimes against other soldiers, property, drug or alcohol offenses and violations of military rules.

Charges involving Iraqi victims were three times more likely to be dismissed or withdrawn by the Army than cases in which the victims were soldiers or civilian military employees, the examination found.

Are you disturbed by our total disregard for Iraq's innocent dead, whether killed by the ‘insurgents’ or killed by us?

Do you believe Iran is more of a threat to us than North Korea?

North Korea has long range missiles and nuclear weapons, but we negotiate with them multilaterally and bilaterally.

So, is it OK to threaten muslims?

Sunday, March 19, 2006

This Essay Breaks the Law - New York Times

This Essay Breaks the Law - New York Times

“By MICHAEL CRICHTON
Published: March 19, 2006

• The Earth revolves around the Sun.

• The speed of light is a constant.

• Apples fall to earth because of gravity.

• Elevated blood sugar is linked to diabetes.

• Elevated uric acid is linked to gout.

• Elevated homocysteine is linked to heart disease.

• Elevated homocysteine is linked to B-12 deficiency, so doctors should test homocysteine levels to see whether the patient needs vitamins.

ACTUALLY, I can't make that last statement. A corporation has patented that fact, and demands a royalty for its use. Anyone who makes the fact public and encourages doctors to test for the condition and treat it can be sued for royalty fees. Any doctor who reads a patient's test results and even thinks of vitamin deficiency infringes the patent. A federal circuit court held that mere thinking violates the patent.

All this may sound absurd, but it is the heart of a case that will be argued before the Supreme Court on Tuesday. In 1986 researchers filed a patent application for a method of testing the levels of homocysteine, an amino acid, in the blood. They went one step further and asked for a patent on the basic biological relationship between homocysteine and vitamin deficiency. A patent was granted that covered both the test and the scientific fact. Eventually, a company called Metabolite took over the license for the patent.

Although Metabolite does not have a monopoly on test methods — other companies make homocysteine tests, too — they assert licensing rights on the correlation of elevated homocysteine with vitamin deficiency. A company called LabCorp used a different test but published an article mentioning the patented fact. Metabolite sued on a number of grounds, and has won in court so far.

But what the Supreme Court will focus on is the nature of the claimed correlation. On the one hand, courts have repeatedly held that basic bodily processes and "products of nature" are not patentable. That's why no one owns gravity, or the speed of light. But at the same time, courts have granted so-called correlation patents for many years. Powerful forces are arrayed on both sides of the issue.

In addition, there is the rather bizarre question of whether simply thinking about a patented fact infringes the patent. The idea smacks of thought control, to say nothing of unenforceability. It seems like something out of a novel by Philip K. Dick — or Kafka. But it highlights the uncomfortable truth that the Patent Office and the courts have in recent decades ruled themselves into a corner from which they must somehow extricate themselves.

For example, the human genome exists in every one of us, and is therefore our shared heritage and an undoubted fact of nature. Nevertheless 20 percent of the genome is now privately owned. The gene for diabetes is owned, and its owner has something to say about any research you do, and what it will cost you. The entire genome of the hepatitis C virus is owned by a biotech company. Royalty costs now influence the direction of research in basic diseases, and often even the testing for diseases. Such barriers to medical testing and research are not in the public interest. Do you want to be told by your doctor, "Oh, nobody studies your disease any more because the owner of the gene/enzyme/correlation has made it too expensive to do research?"

The question of whether basic truths of nature can be owned ought not to be confused with concerns about how we pay for biotech development, whether we will have drugs in the future, and so on. If you invent a new test, you may patent it and sell it for as much as you can, if that's your goal. Companies can certainly own a test they have invented. But they should not own the disease itself, or the gene that causes the disease, or essential underlying facts about the disease. …”

Pay close attention here. The people who want to own your genes are the people who are promoting what they call the “ownership society.” They aren't trying to create anything new here. they're just trying to recreate what they consider to be the natural order of things. For them, property is the what our society is all about. Property rights trump workers rights, regulation, civil liberties and even public health and safety.

To you and I this appears to trump common sense. To them this is common sense.

Welcome to a world where workers don't own the benefits of their labor, women don't own their own bodies. Where despite the worship of “ownership” homeowners can lose their homes if the government can claim they'll get higher taxes from newer, more politically connected development.

We had a society like this once before. Perhaps you've heard of slavery?

Sunday, February 26, 2006

Hey! We're the Government and Just Here to Help You!

Justice Dept. Rejects Google's Privacy Issues - New York Times:
“Google Inc.'s concerns that a Bush administration demand to examine millions of its users' Internet search requests would violate privacy rights are unwarranted, the Justice Department said Friday in a court filing.

The 18-page brief argued that because the information provided would not identify or be traceable to specific users, privacy rights would not be violated.

The brief was the Justice Department's reply to arguments filed by Google last week. Google has rebuffed the government's demand to review a week of its search requests.

The department believes that the information will help revive an online child protection law that the Supreme Court has blocked. By showing the wide variety of Web sites that people find through search engines, the government hopes to prove that Internet filters are not strong enough to prevent children from viewing pornography and other inappropriate material online. ”

Given the constantly improving capabilities of search engines, information that can't be used to identify individuals today can hardly be guaranteed to remain unidentifiable. In many cases, the information the government seeks may require them to try to identify individuals. So, anyone who claims to know where this will stop is either naive or duplicitous. Individuals are innocent until proven guilty. Governments, despite the years of spin, bear the burden of proof in our system, because government is guilty until proven innocent. Until we change the constitution, even though most people seem conditioned to believe that individuals must prove themselves innocent, the justice department, the executive branch, under our law is presumed to be in the wrong until they prove otherwise. Alfred Ingram

http://www.nytimes.com/2006/02/26/national/26google.html

Sunday, February 19, 2006

From Lawrence Lessig "the fiction zone that DC has become"

Lawrence Lessig:
Broadband is infrastructure — like highways, if not railroads. If you rely upon “markets” alone to provide
infrastructure, you’ll get less of it, and at a higher price. (See, e.g., the United States, today.)

"…when the Internet first reached beyond research facilities to the masses, it did so on regulated lines — telephone lines. Had the telephone companies been free of the “heavy hand” of government regulation, it’s quite clear what they would have done — they would have killed it, just as they did when Paul Baran first proposed the idea in 1964. It was precisely because they were not free to kill it, because the “heavy hand[ed]” regulation required them to act neutrally, that the Internet was able to happen, and then flourish.

So Waltzman’s wrong about the Internet’s past. But he’s certainly right about what a mandated net neutrality requirement would be. It would certainly be a “complete step backward for the Internet” — back to the time when we were world leaders in Internet penetration, and competition kept prices low and services high. Today, in the world where the duopoly increasingly talks about returning us to the world where innovation is as the network owners says, broadband in the US sucks. We are somewhere between 12th and 19th in the world, depending upon whose scale you use. As the Wall Street Journal reported two months ago, broadband in the US is “slow and expensive.” Verizon’s entry-level broadband is $14.95 for 786 kbs. That about $20 per megabit. In FRANCE, for $36/m, you get 20 megabits/s — or about $1.80 per megabit.

How did France get it so good? By following the rules the US passed in 1996, but that telecoms never really followed (and cable companies didn’t have to follow): “strict unbundling.” That’s the same in Japan — fierce competition induced by “heavy handed” regulation producing a faster, cheaper Internet. Now of course, no one is pushing “open access” anymore. Net neutrality is a thin and light substitute for the strategy that has worked in France and Japan. But it is regulation, no doubt.

So while it is true that we have had both:

(a) common carrier like regulation applied to the Internet, and
(b) basically no effective regulation applied to the Internet

and it is true that we have had both:

(c) fast, fierce competition to provide Internet service and
(d) just about the worst broadband service of the developed world

it is not true that we had (c) when we had (b).

We had (c) when we had (a), and we have (d) now that we have (b).

But in the world where the President has the inherent authority to wiretap telephones, who would be surprised if facts didn’t matter much. "

Here are a few other problems markets didn't and don't solve:

Slavery, Health Care, Retirement Security

Nothing will ever stop people from believing that markets solve them.

In America slavery finally required a civil war, which the slaveholders lost. That was followed by a terrorist campaign that the slaveholders won. Followed, nearly a century later by a civil rights struggle that at times has encompassed both civil disobedience and civil insurrection.

As recently as the end of the sixties the US government refused to insure suburban developments that were open to non-whites. Discrimination against minority farmers in Federal Programs continued until the Clinton administration.

Maybe we're wasting our time arguing the pros and cons of reparations for slavery. Maybe we should be talking about reparations from Plessy versus Ferguson to the 1967 voting rights act. Al Ingram

http://www.lessig.org/blog/archives/003290.shtml

Tax Filing Season

Librarians' Internet Index:


Audits ( 5 )Just For Fun ( 7 )
Calculators, Charts, & Tables ( 11 )Opinions & Protest ( 6 )
Disaster Relief ( 3 )Other Federal Tax Resources ( 42 )
E-filing ( 8 )Refunds ( 2 )
Forms & Instructions, State and... ( 11 )State Tax Resources (Primarily Cali... ( 14 )
Fraud & Scams ( 7 )Tax Reform ( 6 )
Free and Low-Cost Filing ( 4 )Volunteer Tax Assistance ( 2 )



If you haven't used Librarians' Internet Index, it's time.

Of course, trustworthy information may take all the fun out of searching for some of us.

http://lii.org/pub/topic/taxes

Thursday, January 26, 2006

Does what we believe about Al Qaeda help Al Qaeda?

If you don't read Schneier on Security, you probably don't know what security is. Bruce
Schneier, founder and CTO of
Counterpane Internet Security, Inc., is an internationally renowned security technologist and author. If you want to know how security really works, turn to Schneier. His book ‘Beyond Fear’ is an indispensable resource for understanding safety, crime and both Corporate and National security.

I was going through my rss feeds when I came across this.

Science & Technology at Scientific American.com: Murdercide -- Science unravels the myth of suicide bombers:
“The belief that suicide bombers are poor, uneducated, disaffected or disturbed is contradicted by science. Marc Sageman, a forensic psychiatrist at the Foreign Policy Research Institute, found in a study of 400 Al Qaeda members that three quarters of his sample came from the upper or middle class. Moreover, he noted, 'the vast majority--90 percent--came from caring, intact families. Sixty-three percent had gone to college, as compared with the 5-6 percent that's usual for the third world. These are the best and brightest of their societies in many ways.' Nor were they sans employment and familial duties. 'Far from having no family or job responsibilities, 73 percent were married and the vast majority had children.... Three quarters were professionals or semiprofessionals. They are engineers, architects and civil engineers, mostly scientists. Very few humanities are represented, and quite surprisingly very few had any background in religion.' ”

http://www.sciam.com/article.cfm?chanID=sa006&articleID=0006A854-E67F-13A1-A67F83414B7F0104&pageNumber=2&catID=2

Liberty Increases Security

http://www.schneier.com/blog/archives/2006/01/liberty_increas.html

From the Scientific American essay "Murdercide: Science unravels the myth of suicide bombers":

Another method [of reducing terrorism], says Princeton University economist Alan B. Krueger, is to increase the civil liberties of the countries that breed terrorist groups. In an analysis of State Department data on terrorism, Krueger discovered that "countries like Saudi Arabia and Bahrain, which have spawned relatively many terrorists, are economically well off yet lacking in civil liberties. Poor countries with a tradition of protecting civil liberties are unlikely to spawn suicide terrorists. Evidently, the freedom to assemble and protest peacefully without interference from the government goes a long way to providing an alternative to terrorism." Let freedom ring.

Found on John Quarterman's blog.

Posted on January 18, 2006 at 01:33 PM

But hold on, here's more…

From his CryptoGram Newsletter, http://www.schneier.com/crypto-gram-0601.html ,

News

Two stories that shamelessly hype computer crime:
<http://www.cnn.com/SPECIALS/2005/online.security/>
<http://www.usatoday.com/tech/news/internetprivacy/2005-12-14-meth-online-theft_x.htm>
Beware the Four Horsemen of the Information Apocalypse: terrorists, drug dealers, kidnappers, and child pornographers. Seems like you can scare the public into allowing the government to do anything with those four.

Microsoft received a Common Criteria (CC) EAL 4+ certification for Windows, demonstrating how weak such a certification really is:
<http://www.eweek.com/article2/0,1895,1901965,00.asp>

After FBI agents expressed frustration that the Office of Intelligence Policy and Review wasn't approving their orders under Section 215 of the Patriot Act, procedural changes were made allowing the FBI to bypass that office.
<http://www.epic.org/foia_notes/note10.html>
Remember, the issue here is not whether or not the FBI can engage in counterterrorism. The issue is the erosion of judicial oversight -- the only check we have on police power. And this power grab is dangerous regardless of which party is in the White House at the moment.

Meanwhile, the U.S. military is spying on Americans. Specifically, the Department of Defense is collecting data on legal and peaceful war protesters, in violation of U.S. law.
<http://www.msnbc.msn.com/id/10454316/>

There's a lot more, and an incredible opportunity to have a real position in the debate about rights, security and Presidential power.

So ask yourself, does what we believe about security make us secure?

Does curtailing our liberties preserve our liberty?

Does ‘L’État c’est Moi’ (I am the State), seem all too familiar. Louis the fourteenth also said, ‘It's legal, because I wish it .’ http://www.brainyquote.com/quotes/authors/l/louis_xiv.html

Ask yourself, which novel we're living in:
1984? Is war peace? Ignorance, Strength? Is our Freedom becoming Slavery?
1984 by George Orwell: Chapter 1

Or are we in the ‘Wizard of Oz?’
Shall we pay attention to the man behind the curtain?

Does the Presidency have clothes?
Then why do they offer up fig leaves?/

Monday, January 23, 2006

In Google vs Government, It's Not About Child Porn

http://blog.outer-court.com/archive/2006-01-21-n89.html:

"It's interesting to see how many news sources mistakenly report that the current government vs Google case is about child porn. It's not. If anything, it's about children looking at pornography - i.e. webmasters not ensuring their sites are sufficiently blocking minors from viewing harmful content. Or more specifically, it's about a proposed law requiring those sites to restrict access to minors, the Child Online Protection Act, which just didn't get through in the past, and which the Bush administration now wants to revive (and for that reason, asked different search engines to hand over search logs and indexed URLs to prove the law is needed).

I wrote to the author of the original article at the Mercury News while preparing and editing my first blog post on this, realizing this isn't about child porn - indeed the error is quick to make, and I was confused too at first - but the Merc's error was never corrected. From there, it spread like wildfire into blogs and mainstream news sources alike.… "


Privacy experts condemn Google subpoena http://news.zdnet.com/2100-9595_22-6029348.html?tag=nl.e539

Right-to-privacy groups said Friday that an attempt by the Bush administration to force Google to turn over a broad range of materials from its databases has set a dangerous precedent that should worry all Americans.

"This is the camel's nose under the tent for using search engines and all kinds of data aggregators as surveillance tools," said Jim Harper of the libertarian Cato Institute who also runs Privacilla.org, an Internet privacy database.

The Bush administration is already under fire from a number of rights groups over security measures it has taken since the Sept. 11, 2001, attacks on America, including pursuing checks on library records and eavesdropping on some telephone calls.

In court papers filed Wednesday in U.S. District Court in San Jose, Calif., the Justice Department stated that Google had refused to comply with a subpoena issued last year for 1 million random Web addresses from Google's databases as well as records of all searches entered on Google during any one-week period.

The government said it needed the information to prepare its case to revive the 1998 Child Online Protection Act, which the Supreme Court blocked from taking effect two years ago.

The law prohibited Internet companies from knowingly making available obscene or pornographic material to minors. The Supreme Court said there were potential constitutional problems with the law and sent the case back to a lower court for consideration. It is expected to be heard later this year.

The Justice Department said Friday that America Online, Yahoo and Microsoft had all complied with similar requests.…

http://blogs.zdnet.com/BTL/?p=2460&tag=nl.e539
Posted by David Berlind @ 4:26 am

eWeek has a story about how Microsoft has unequivocally stated that no personal data was handed over during a recent DOJ inquiry:

The Microsoft admission, in a recent blog by MSN Search Dev & Test General Manager Ken Moss, assures MSN search users that "absolutely no personal data" changed hands. ….In the blog, Moss said Microsoft gave the DOJ a random sample of pages from the MSN search index, which is what MSN Search customers plumb during their search inquiries…..More controversially, Microsoft also provided "some aggregated query logs that listed queries and how often they occurred." Put another way, it's a look at the key words MSN search customers entered over an extended period of time.

To some extent, it's reassuring that Microsoft didn't hand over anything personally identifiable. On the other hand, the major issue here (as I noted the other day) is the way the DOJ is raiding databases outside of the context of any specific instance of wrongdoing. It's not searching for the smoking gun in a particular crime. At best, it's doing the equivalent of a door to door search in hopes of discovering that a crime may have been committed — not the typical sort of evidence that the authorities are supposed to be going after. The more I think about it, the more I wonder what choice the DOJ would have but to go back to the search engines for more data — this time, personally identifiable data — if it sees something in doesn't like.

We use the Net under the assumption that the Feds aren't trolling the databases of search engines and ISPs that reflect our collective online behavior in hopes of finding a haystack with a needle in it.…

http://blogs.zdnet.com/BTL/?p=2464

The other chilling effect of the DOJ vs. Google

Posted by David Berlind @ 10:12 am

Regarding my two earlier blogs (Phone calls, e-mails and now search data. Where will Bush stop and Microsoft: No personal data went to DOJ) I just got this super-long email from someone that started with this sentence:

Google created their own problem by collecting this information in the first place.

So, let's think this through. You're an entrepreneur looking to start a business and you realize that one of the keys to your success is to keep certain information in a database. But then you realize that if you do, the Feds might issue you a warrant for its contents. Then you realize that the incident could become a headline in the news .. the sort of publicity (if you give in) that could hurt your business. So, you decide not to keep that database and in the process, may be selling yourself short of the complete opportunity that stands before you. Sounds like a chilling effect to me…

Here's my opinion.

It's vulgar, but, probably accurate. The Justice department is like a teenage boy who says, 'All I want to do is touch it. You'll still be a virgin.' But we know that teenage boys don't know how or when to stop. Soon we'll be hearing, ' It won't get you pregnant.' Then, 'Can I just put it in?'

Sunday, January 15, 2006

Is The President's Signature Worth The Paper It's Written On?

The Imperial Presidency at Work - New York Times:
"you cannot deal in good faith with a White House that does not act in good faith"

‘Mr. Bush made a grand show of inviting Mr. McCain into the Oval Office last month to announce his support for a bill to require humane treatment of detainees at Guantánamo Bay and other prisons run by the American military and intelligence agencies. He seemed to have managed to get Vice President Dick Cheney to stop trying to kill the proposed Congressional ban on torture of prisoners.

The White House also endorsed a bargain between Mr. Levin and Senator Lindsey Graham of South Carolina, which tempered somewhat a noxious proposal by Mr. Graham to deny a court hearing to anyone the president declares to be an "unlawful enemy combatant." The bargain with Mr. Levin removed language that stripped away cases already before the courts, which would have been an egregious usurpation of power by one branch of government, and it made clear that those cases should remain in the courts.

Mr. Bush, however, seems to see no limit to his imperial presidency. First, he issued a constitutionally ludicrous "signing statement" on the McCain bill. The message: Whatever Congress intended the law to say, he intended to ignore it on the pretext the commander in chief is above the law. That twisted reasoning is what led to the legalized torture policies, not to mention the domestic spying program.

Then Mr. Bush went after the judiciary, scrapping the Levin-Graham bargain. The solicitor general informed the Supreme Court last week that it no longer had jurisdiction over detainee cases. It said the court should drop an existing case in which a Yemeni national is challenging the military tribunals invented by Mr. Bush's morally challenged lawyers after 9/11. The administration is seeking to eliminate all other lawsuits filed by some of the approximately 500 men at Gitmo, the vast majority of whom have not been shown to pose any threat.

Both of the offensive theories at work here - that a president's intent in signing a bill trumps the intent of Congress in writing it, and that a president can claim power without restriction or supervision by the courts or Congress - are pet theories of Judge Samuel Alito, the man Mr. Bush chose to tilt the Supreme Court to the right.’

I didn't notice many questions about these theories in the committee hearings. Maybe they're telepaths and don't need to verbalize these things. I do know one thing, while pro-choice and pro-life debate abortion, the bill of rights is being crumpled up and urinated on.

One of my favorite authors, Ursula K. LeGuin in ‘The Left Hand of Darkness’ wrote, “There is nothing as perfectly useless as the right answer to the wrong question.”

Boy have we been hearing the wrong questions from all sides and all parties.

What does it take to get these people to do their jobs? Alito is, like me, 55 years old. At the least, the next 30 years of our liberty is at stake. Yet here we are judging candidates for the Supreme Court on how well they duck and dodge issues. How many points does he get for not remembering anything about an organisation important enough to put on his employment application.

How many for obfuscating the meaning of the Constitution.

Who gets to yell out ‘Bingo!’?

http://www.nytimes.com/2006/01/15/opinion/15sun2.html

Wednesday, January 11, 2006

Playing ‘Dodge Judge’ or Why Call Them Hearings When Nobody's Listening

“With uncharacteristic understatement, Justice Scalia observed that "the members of this court have disagreed regarding the scope of Congress's 'prophylactic' enforcement powers under Section 5 of the 14th Amendment." That bland phrase was a shorthand for a raging debate that this new opinion did not even try to resolve.

The underlying question is what the 14th Amendment's Section 5 means in granting Congress the "power to enforce, by appropriate legislation" the guarantees of due process and equal protection that the amendment provides.

While stripping the states of the constitutional immunity that they would otherwise enjoy is an agreed-upon aspect of Section 5 "enforcement," the question remains whether Congress is limited to permitting suits for actual constitutional violations, or whether it may go further and authorize a broader category of lawsuits that seek to deter future violations.”

“WASHINGTON, Jan. 10 - The Supreme Court, in its first federalism decision since John G. Roberts Jr. became chief justice, ruled Tuesday that Congress acted within its constitutional authority when it stripped states of immunity from some suits for damages by disabled prison inmates.

The unanimous opinion, written by Justice Antonin Scalia, overturned a 2004 ruling by the federal appeals court in Atlanta, which held that Georgia was entitled to sovereign immunity from a lawsuit brought by a paraplegic prison inmate under the Americans With Disabilities Act.

Justice Scalia said that at least to the extent that the inmate's claims indicated that prison officials had violated not only the statute but the Constitution itself, the suit could proceed. The inmate, Tony Goodman, says that prison officials have grossly neglected his needs for mobility and personal hygiene, and that his dependence on a wheelchair has left him excluded from the law library and recreational opportunities.

The decision left very significant questions unanswered, most notably the fate of a disability lawsuit that demonstrates violations of the statute but not of any constitutional provision.

Title II of the disability act, at issue in the case, bans discrimination on the basis of disability in the "services, programs, or activities" offered by state and local governments.

Without doubt, the unanimity and brevity of Justice Scalia's opinion, at only eight pages, papered over deep divisions that have been apparent on the court during years of contention over the boundaries between federal authority and state prerogatives. Two years ago, for example, the court split 5 to 4 in permitting a lawsuit against Tennessee under Title II of the disabilities act for the state's failure to make county courthouses accessible to people with disabilities.…”

While the Senators and Judge tap dance around abortion rights, a fundamental and clear constitutional question is left unasked. Why a man who would sit on the Supreme court of the United States ever had a problem with ‘one man one vote’ or the power of congress to enforce that right.

Section 5 of the 14th amendment is well over a hundred years old, and it's a lot clearer on the rights of incdividuals and the power of congress than the inferences that are central to ‘a woman's right to choose.’

Undertandably, the Senators would rather deal with sex and religion than the real taboo topic, race.

So Alito, somehow, can't remember being part of a group he was proud to list on his employment application. Alito never questioned one white man, one vote. No one seriously questioned it in the twentieth century, until it started to apply to racial minorities. Like many others he opposed and was vanquished. Phrases like free, white and twenty0ne, lost their meaning, and people like Alito felt robbed. In fact, they were the robbers.

When robbers associate, expect more robbery.…


http://www.nytimes.com/2006/01/11/politics/politicsspecial1/11confirm.html

Monday, January 09, 2006

Annoyance isn't against the law, but, wait, it is now! | Rational rants | ZDNet.com

Annoyance isn't against the law, but, wait, it is now! Rational rants ZDNet.com
“Posted by Mitch Ratcliffe @ 10:15 am

Declan McCullagh catches a ridiculous new change to federal telecommunications laws: It is now illegal, after President Bush signed H.R. 3402, the "Violence Against Women and Department of Justice Reauthorization Act of 2005," to harrass someone by posting an anonymous comment on their blog.

This is a law open to incredible abuse both by companies and politicians who want to silence critics. ”

Section 113 of the bill has been amended and rewritten in such a way as to “rewrite this part of the Communications Act of 1934 to read: (B) makes a telephone call, whether or not conversation ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number and; (C) makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number ((C) in the case of subparagraph (C) of subsection (a)(1), includes any device or software that can be used to originate telecommunications or other types of communications that are transmitted, in whole or in part, by the Internet (as such term is defined in section 1104 of the Internet Tax Freedom Act (47 U.S.C. 151 note)).’

That makes "annoying" someone via comments posted on a blog or Web site a crime punishable by fines of up to $50,000 and/or imprisonment for up to six months. ”

It's time to ask why last minute amendments reducing our freedoms are constantly being added to laws that have completely different puposes.

It's time to stop listening to what this administration says and only pay attentiion to what it does.

A nibble here, an amendment there, a rider to an appropriations bill, text slipped in in House Senate conference, and a President becomes Emperor.

It's all to similar to the way a crtain Reichschancellor became Fuhrer, one law at a time.


http://blogs.zdnet.com/Ratcliffe/index.php?p=28

Sunday, January 08, 2006

The Wiretappers That Couldn't Shoot Straight - New York Times

The Wiretappers That Couldn't Shoot Straight - New York Times:

"the White House's over-the-top outrage about the Times scoop is a smokescreen contrived to cover up something else is only confirmed by Dick Cheney's disingenuousness. In last week's oration at a right-wing think tank, he defended warrant-free wiretapping by saying it could have prevented the 9/11 attacks. Really? Not with this administration in charge. On 9/10 the N.S.A. (lawfully) intercepted messages in Arabic saying, 'The match is about to begin,' and, 'Tomorrow is zero hour.' You know the rest. Like all the chatter our government picked up during the president's excellent brush-clearing Crawford vacation of 2001, it was relegated to mañana; the N.S.A. didn't rouse itself to translate those warnings until 9/12."

“If the Bush administration did indeed eavesdrop on American journalists and political opponents (Ms. Amanpour's husband, Jamie Rubin, was a foreign policy adviser to the Kerry campaign), it's déjà Watergate all over again. But even now we can see that there's another, simpler - and distinctly Bushian - motive at play here, hiding in plain sight.

That motive is not, as many liberals would have it, a simple ideological crusade to gut the Bill of Rights. Real conservatives, after all, are opposed to Big Brother; even the staunch Bush ally Grover Norquist has criticized the N.S.A.'s overreaching. The highest priority for the Karl Rove-driven presidency is instead to preserve its own power at all costs. With this gang, political victory and the propaganda needed to secure it always trump principles, even conservative principles, let alone the truth. Whenever the White House most vociferously attacks the press, you can be sure its No. 1 motive is to deflect attention from embarrassing revelations about its incompetence and failures.

That's why Paul Wolfowitz, in a 2004 remark for which he later apologized, dismissed reporting on the raging insurgency in Iraq as "rumors" he attributed to a Baghdad press corps too "afraid to travel." That's also why the White House tried in May to blame lethal anti-American riots in Afghanistan and Pakistan on a single erroneous Newsweek item about Koran desecration - as if 200-odd words in an American magazine could take the fall for the indelible photos from Abu Ghraib.

Such is the blame-shifting game Mr. Cheney was up to last week. By dragging 9/11 into his defense of possibly unconstitutional bugging, he was hoping to rewrite history to absolve the White House of its bungling. And no wonder. He knows all too well that the timing of Mr. Bush's signing of the secret executive order to initiate the desperate tactic of warrant-free N.S.A. eavesdropping - early 2002, according to Mr. Risen's new book, "State of War" - is nothing if not a giant arrow pointing to one of the administration's most catastrophic failures. It was only weeks earlier, in December 2001, that we had our best crack at nailing Osama bin Laden in Tora Bora and blew it.

What went down that fateful December is recalled in particularly gripping fashion in a just published book, "Jawbreaker," which, like Mr. Risen's book, is rising on the best-seller list at an inopportune moment for this White House. "Jawbreaker" is the self-told story of a veteran clandestine officer, Gary Berntsen, who was the pivotal C.I.A. field commander in the hunt for bin Laden. Mr. Berntsen is a fervent Bush loyalist, but his honest account doesn't do the president any favors. "We needed U.S. soldiers on the ground!" he writes, to "block a possible Al Qaeda escape into Afghanistan!" But his request to Centcom for 800 Army Rangers to do the job went unheeded.

We don't know whether the Bush order relaxing legal controls on the N.S.A. was in part a Hail Mary pass to help compensate for that disaster. Either way, all the subsequent wiretaps in the world have not brought bin Laden back dead or alive. Though the White House says that its warrantless surveillance has saved lives by stopping other terrorists since then, Mr. Bush has exaggerated victories against Al Qaeda as often as he has the battle-readiness of Iraqi troops. After he claimed in an October speech that America and its allies had foiled 10 Qaeda plots since 9/11, USA Today reported that "at least" 6 of the 10 had been preliminary ideas for attacks rather than actual planned attacks.

The louder the reports of failures on this president's watch, the louder he tries to drown them out by boasting that he has done everything "within the law" to keep America safe and by implying that his critics are unpatriotic, if not outright treasonous. Mr. Bush certainly has good reason to pump up the volume now. In early December the former 9/11 commissioners gave the federal government a report card riddled with D's and F's on terrorism preparedness.

The front line of defense against terrorism is supposed to be the three-year-old, $40-billion-a-year Homeland Security Department, but news of its ineptitude, cronyism and no-bid contracts has only grown since Katrina. The Washington Post reported that one Transportation Security Administration contract worth up to $463 million had gone to a brand-new company that (coincidentally, we're told) contributed $122,000 to a powerful Republican congressman, Harold Rogers of Kentucky. An independent audit by the department's own inspector general, largely unnoticed during Christmas week, found everything from FEMA to border control in some form of disarray.

Yet even as this damning report was released, the president forced cronies into top jobs in immigration enforcement and state and local preparedness with recess appointments that bypassed Congressional approval. Last week the department had the brilliance to leave Las Vegas off its 2006 list of 35 "high threat" urban areas - no doubt because Mohammed Atta was so well behaved there when plotting the 9/11 attacks.

THE warrantless eavesdropping is more of the same incompetence.… ”

The real questions are: "Are we still free?" , "Is the United States still a Democracy?", "If not, can we make it one again?"

Do we accept unlimited executive power in a war that, like the war on drugs, can never, ever, end?

While no one was watching the watchers, Caesar crossed the Tiber and his war powers became his permanent powers. Caesar was stopped, but the republic, imperfect as it was, died too.

Our representatives routinely pass laws they haven't read. Like the executive they've become accustomed to, and their leadership also prefers to operate in the dark.

Where there is no sight, there can be no oversight.


http://select.nytimes.com/2006/01/08/opinion/08rich.html?pagewanted=all

Saturday, December 17, 2005

Defining Victory ... Down


Bush, on TV, Says Iraq Vote Won't End Violence
By THE NEW YORK TIMES
President Bush acknowledged that the elections in Iraq were "not going to stop violence" there, and that "we're behind" on the training of capable Iraqi police forces.

"I think if we have a policy of zero violence, it won't be met," Mr. Bush said in the PBS interview.

Asked if defining victory in terms that allowed violence to continue was an unusual definition of winning wars, he answered, "Yes."

"The elections won't say, O.K., the security situation has, you know, changed dramatically, because there are still people out there that are going to try to affect the political outcome, the political debate, with violence," he said.

"More Iraqis are in the lead on operations, more territory is controlled by the Iraqis," he said. "However, as General Casey said, we're behind when it comes to training the police forces, and one of the real challenges is to make sure that the police force does not become a haven for militia" controlled by political parties. Gen. George W. Casey Jr. of the Army is the American commander in Iraq.

"I think if we have a policy of zero violence, it won't be met," Mr. Bush said in the PBS interview.

Asked if defining victory in terms that allowed violence to continue was an unusual definition of winning wars, he answered, "Yes."

Published: December 18, 2005

WASHINGTON, Dec. 17 - The Fourth Infantry Division returns to Iraq next month for a complex, yearlong tour that illustrates the risks and goals of the American military's postelection mission across Iraq.

The more than 20,000 troops in the division, about 15 percent of the 138,000-strong American commitment scheduled to remain in Iraq at least through the early part of the year, will be responsible for security across a swath of central and south-central Iraq that is much larger than previous commands have tried to cover there.
So remember … War is Peace, Ignorance is Strength…

……

The expanded mission includes more than a hope, but a requirement, that Iraqi security forces take over the security mission in larger areas of their own country. The planning is also driven by a cold reality that many of the allied troops - including Ukraine, Bulgaria, Italy and possibly even Poland - seem likely to leave Iraq over coming months.

So, like American troops all across Iraq, the Fourth Infantry Division, from its headquarters in Baghdad, will have no choice but to rely on increasing numbers of Iraqi troops, testing as never before the American and Iraqi forces - and the new government to be assembled after Thursday's vote.

The Americans are planning to turn over bases to Iraqis, and more significantly plan to turn over a much larger share of the battle space to Iraqis, with the goal to minimize a visible American presence that alienates many Iraqis and provides a target for the insurgency. When possible, the American military will remain in a stand-back role, available to rush in if Iraqi forces need assistance.

American commanders make it no secret that the coming Iraqi government, with its sovereign stature and a full, four-year tenure, means they will be operating in new political terrain. Mounting pressures in the United States - and a new Iraqi government all but certain to assert its authority in coming months - will require that the American military demonstrate some kind of success and then withdraw as many troops as quickly and as safely as possible.

The goal is to make Iraqi patrols the norm, with stability no longer dependent on the large foreign force that has so constantly enraged Iraqis. That goal has become every bit as important as quelling the insurgency, if not more so. The new mission for the Fourth Infantry Division is planned around that new goal.

"It is very much a laboratory for the overall mission, linked not just to the development of the Iraqi armed forces but to efforts to make the special security forces act like national police forces," and not loyal only to local religious or ethnic leaders, said Anthony H. Cordesman, a military specialist with the Center for Strategic and International Studies in Washington.

"How much of the battle space can the Iraqi forces take over, and who is actually doing the fighting - those are the key measurements," Mr. Cordesman said.

"The measure cannot be the elimination of the insurgency, as desirable as that would be," he said. "You cannot eliminate all of the bombings."

In a strong indication of the tenor of the coming months, several of the incoming commanders are also returning veterans of the Iraq mission, and come from a school of thought that balances both the rebuilding of Iraq's economy and civil institutions and the contest of arms against the insurgents.

Still, the American reliance on overwhelming firepower will remain central.”


http://www.archive.org/download/A_Few_Definitions/AFewDefinitions.mp3

Sunday, December 11, 2005

Radical Militant Librarians Kick FBI Around?

"While radical militant librarians kick us around, true terrorists benefit from OIPR's failure to let us use the tools given to us," read the e-mail message, which was sent by an unidentified F.B.I. official. "This should be an OIPR priority!!!"

“Publicly, the debate over the law known as the USA Patriot Act has focused on concerns from civil rights advocates that the F.B.I. has gained too much power to use expanded investigative tools to go on what could amount to fishing expeditions.

But the newly disclosed e-mail messages offer a competing view, showing that, privately, some F.B.I. agents have felt hamstrung by their inability to get approval for using new powers under the Patriot Act, which was passed weeks after the terrorist attacks of Sept. 11, 2001.

One internal F.B.I. message, sent in October 2003, criticized the Office of Intelligence Policy and Review at the Justice Department, which reviews and approves terrorist warrants, as regularly blocking requests from the F.B.I. to use a section of the antiterrorism law that gave the bureau broader authority to demand records from institutions like banks, Internet providers and libraries.

"While radical militant librarians kick us around, true terrorists benefit from OIPR's failure to let us use the tools given to us," read the e-mail message, which was sent by an unidentified F.B.I. official. "This should be an OIPR priority!!!"

The bureau turned the e-mail messages over to the Electronic Privacy Information Center as part of a lawsuit brought by the group under the Freedom of Information Act, seeking material on the F.B.I.'s use of anti-terrorism powers. The group provided the material to The New York Times.


As part of the lawsuit brought by the Electronic Privacy Information Center, a federal court has ordered the F.B.I. to turn over 1,500 pages of material to the privacy information group every two weeks.

An earlier collection of F.B.I. documents, released by the group in October, showed numerous violations of internal procedure and sometimes federal law by the bureau in its handling of surveillance and investigative matters. In some cases, for instance, agents had extended surveillance operations and investigations for months without getting required approval from supervisors.

In the most recent batch of material, an F.B.I. memorandum sent in March 2004 said the process for getting the Justice Department to improve demands for business records would be "greatly improved" because of a change in procedure allowing the bureau to "bypass" the department's intelligence office, which normally reviews all such requests.

But officials at the Justice Department and the F.B.I. said they were unaware of any such change in procedure and that all bureau requests for business record were still reviewed and approved by the Justice Department.

A separate e-mail message, sent in May 2004 with the subject header "Miracles," mockingly celebrated the fact that the Justice Department had approved an F.B.I. request for records under the so-called library provision.

"We got our first business record order signed today!" the message said. "It only took two and a half years."

In its latest public accounting of its use of the library provision, which falls under Section 215 of the antiterrorism law, the Justice Department said in April that it had used the law 35 times since late 2003 to gain access to information on apartment leasing, driver's licenses, financial records and other data in intelligence investigations. ”

Here's a theory…

The FBI isn't being denied access to what they want because of bureaucratic timidity, but because as our unofficial secret police they've got a demonstrable tendency to demonize political dissenters while ignoring evidence of actual crimes.

I'll bet the loudest complainanta are the very people who saw no significance in a bunch of Saudi's, Egyptians, and Morrocans in flight schools, who disciplined the whistleblowers who pointed out lax security and conflict of interest in the FBI's analysis division. The people who think they know who the dangerous people are, the evidence be “damned.”

So here's a few kudos to the Office of Intelligence Policy and Review, for not “embarrassing” the bureau and applying restraint to a law that goes too far.


http://www.nytimes.com/2005/12/11/national/nationalspecial3/11patriot.html

Sunday, December 04, 2005

What We Did Not Hear

“We did not hear that the war in Iraq, already one of the costliest wars in American history, is a running sore. We did not hear that it has taken more than 2,000 precious American lives and countless - because we do not count them - Iraqi civilian lives. We did not hear that the struggle has dragged on longer than our involvement in either World War I or the Spanish-American War, or that by next spring it will be even longer than the Korean War.

And we did not hear how or when the president plans to bring our forces back home - no facts, no numbers on America troop withdrawals, no dates, no reference to our dwindling coalition, no reversal of his disdain for the United Nations, whose help he still expects.…

Each month that America continues its occupation facilitates Al Qaeda's recruitment of young Islamic men and women as suicide bombers, the one weapon against which our open society has no sure defense. The president says we should support our troops by staying the course; but who is truly willing to support our troops by bringing them safely home?

The responsibility for devising an exit plan rests primarily not with the war's opponents, but with the president who hastily launched a pre-emptive invasion without enough troops to secure Iraq's borders and arsenals, without enough armor to protect our forces, without enough allied support and without adequate plans for either a secure occupation or a timely exit.”

Responsibility? There is no one more irresponsible than someone who can never admit a mistake.

Here's an apt cliché.

When you see light at the end of the tunnel, make sure you're not standing on rails.


Furthermore …

When you're heading the wrong way, turn around.

When you're in a hole, stop digging.

If you're going to make people disappear, or redefine torture to not include whatever abuse you're currently using. If you manipulate the press at home and abroad, then don't claim to be promoting ‘democracy.’


What Would J.F.K. Have Done?
By THEODORE C. SORENSEN and ARTHUR SCHLESINGER Jr.
http://www.nytimes.com/2005/12/04/opinion/04sorensen.html?pagewanted=all

Tuesday, November 22, 2005

How Broadcast Television Will Survive in an On-Demand World

“November 2005 may have been the month when the major broadcast networks finally 'got' the Internet.

On November 7th, both CBS and NBC cut deals with digital television providers to allow viewers to buy 99-cent downloads of a few popular shows.

Later that week, CNN rolled out a 'final beta' of CNN Pipeline, its streaming media service that delivers unique content via the Web.

Meanwhile, ISP-cum-portal AOL began offering a range of television shows in a digital format on the Web, while Tivo incorporated Yahoo's interactivity with its cable-box service.

Earlier this year, Yahoo also announced they had hired popular video journalist Kevin Sites to report on war zones across the world.

Industry pundits agreed that traditional broadcast networks were busily searching out new revenue streams to buffer falling TV ad returns, while portals were capitalizing on increased broadband connectivity and Internet fluency among consumers.

"The computer has crashed into the Internet," said Brian L. Roberts, CEO of Comcast Corp., the nation's largest cable operator, to BusinessWeek.


He sure a s hell doesn't ‘get it.’

Nor does Sony, the RIAA or the MPAA, but that's all right. The internet's got them.

They're busy fighting the last war. Their trenches and pillboxes are in place. But the net will trat them as damage and the packets will route around them and all their schemes will in the end lead to unconditional surrender.

We will become the media, because the computers are the presses, the

stations, the studios, and we own them. The barriers to entry get lower. Year by year, day by day, and even, minute by minute. Storage is virtually free. New distribution systems are becoming dominant, and they are also ours.

Time is running out for strategies of obstruction. The blitzkrieg has already bypassed them.


http://www.publish.com/article2/0,1895,1891810,00.asp

Friday, November 11, 2005

Does Torture Work?

“Erroneous information connecting Iraq and Al Qaeda—and used to bolster support for military action against Iraq—was likely the result of torture.

Newly declassified portions of a Defense Intelligence Agency report—released last Friday by Michigan Senator Carl Levin—show that DIA analysts had doubts about the evidence provided by an Al Qaeda member held prisoner by U.S. personnel.

The New York Times' Douglas Jehl writes:
The document, an intelligence report from February 2002, said it was probable that the prisoner, Ibn al-Shaykh al-Libi, "was intentionally misleading the debriefers" in making claims about Iraqi support for Al Qaeda’s work with illicit weapons.

The story of al-Libi's capture and interrogation has been in the news before (as noted by Laura Rozen and Atrios). In June, Newsweek described al-Libi as "the subject of a bitter feud between the FBI and the CIA over how to interrogate terror suspects." The FBI favored "a carrots-and-no-sticks approach," the Newsweek report explained, while some in the CIA favored "bolder methods." After initially being questioned by FBI officers, al-Libi was handed over to the CIA and taken to Cairo, where he was apparently subjected to "bolder methods" and subsequently produced his false testimony about ties between Al Qaeda and Iraq.

In July's American Prospect, reporter Jason Vest (a 2003 Dart Ochberg Fellow) took an in-depth look at the FBI's approach, interviewing retired veteran FBI agent Jack Cloonan.

Vest writes:
Based on his experiences interviewing Islamist radicals everywhere from New York City to Khartoum, Cloonan believes that interrogations can gather intelligence that’s both operationally actionable and court admissible (“nothing that shocks the conscience of the court,” as he puts it), and holds that torture -- by hands American or foreign -- is rarely ever useful or necessary. Cloonan and a New York Police Department detective secured actionable intelligence from a suspect in the foiled millennium-bombing plot in just six hours on December 30, 1999 -- by following FBI procedure, and by encouraging a suspect to pray during his Ramadan fast. The suspect even agreed to place calls to his confederates, which led to their speedy arrests.

Cloonan cited al-Libi's case as an example of "how uninformed and counterproductive notions have come to dominate the post–9-11 environment." Cloonan told Vest that FBI agents were getting good results using non-coercive methods—"... they start building rapport. And he starts talking about Reid and Moussaoui. They’re getting good stuff ..."—but then the CIA took over:

What Cloonan’s agents told him happened next blew his mind. “My guys told me that a Toyota Tundra with a box in the back pulls up to the building,” he recalls. “CIA of?cers come in, start shackling al-Libi up. Right before they duct tape his mouth, he tells our guys, ‘I know this isn’t your fault.’ And as he’s standing there, chained and gagged, this CIA guy gets up in his face and tells al-Libi he’s going to fuck his mother. And then off he apparently goes to Cairo, in a box.”

Cloonan says CIA of?cials he later spoke with furiously denied al-Libi was actually put in the box. But he seems to consider this at best a matter of hairsplitting, as there was no question as to what kind of situation al-Libi was being delivered to in Egypt.

Related: From May 2004, a Dart Center article, "Bad Apples, Bad Command, or Both?" looks at the psychological roots of atrocities. Experts on war crimes and war psychology discount the notion that abuse and torture of detainees at Abu Ghraib was the work of a few "bad apples." ”

‘’

Frontline: The Torture Question [Real Player, pdf, Windows Media Player]

http://www.pbs.org/wgbh/pages/frontline/torture/

Experts and pundits continue to debate the myriad of strategies deployed by the United States in the effort to combat terrorism around the world and internally. The Frontline program on PBS has created this website to complement a special edition of their show. This show focused on the question of whether torture is a viable way to obtain effective results in combating terrorism. Visitors can dive right in by watching the program in its entirety, or they may also wish to visit one of the sections providing supplementary information. One particularly compelling area is the section that provides information on how the current administration of President George W. Bush has created a protocol for conducting such investigations. Another very useful section is titled “Behind the Wire” and offers visitors an inside look
into the
U.S. Naval Base at Guantanamo Bay in Cuba. Perhaps the most moving and intense portion of the site is the discussion section, where visitors can leave feedback and read the impassioned opinions of others who have seen the program.

>From The Scout Report, Copyright Internet Scout Project 1994-2005. http://scout.wisc.edu/

Wednesday, November 09, 2005

If Persistance is Devilish are We Becoming Satanic?

When you justify with belief instead of fact, you've already done more damage than Al Qaeda could ever do to a society you nor they will ever comprehend.

In early 2002, the Bush administration got word from a foreign intelligence service—thought to be Italy’s—that Saddam Hussein had sought uranium in Niger. Mr Cheney’s office took an interest, seeking to consolidate the case for war. It asked the CIA to follow up, and Joseph Wilson, a retired diplomat, was sent to Africa. He found no evidence for the claim, and after the war wrote as much, angrily, in the New York Times. In the ensuing flap, two “senior administration officials” talked to Bob Novak, a columnist. He wrote that Mr Wilson was sent at the request of his wife, Valerie (née Plame), a CIA “operative” working on weapons of mass destruction. Ms Plame had been an undercover spy. Though by the time of Mr Novak's column she had been based safely in Virginia for several years, the article nonetheless blew her cover. The resulting investigation sought to determine whether someone broke the law in outing her.From The Economist Global Agenda http://www.economist.com/agenda/PrinterFriendly.cfm?story_id=5104737

A top member of Al Qaeda in American custody was identified as a likely fabricator months before the Bush administration began to use his statements as the foundation for its claims that Iraq trained Al Qaeda members to use biological and chemical weapons, according to newly declassified portions of a Defense Intelligence Agency document.

The document, an intelligence report from February 2002, said it was probable that the prisoner, Ibn al-Shaykh al-Libi, “was intentionally misleading the debriefers’’ in making claims about Iraqi support for Al Qaeda’s work with illicit weapons.

The document provides the earliest and strongest indication of doubts voiced by American intelligence agencies about Mr. Libi’s credibility. Without mentioning him by name, President Bush, Vice President Dick Cheney, Colin L. Powell, then secretary of state, and other administration officials repeatedly cited Mr. Libi’s information as “credible’’ evidence that Iraq was training Al Qaeda members in the use of explosives and illicit weapons.

Among the first and most prominent assertions was one by Mr. Bush, who said in a major speech in Cincinnati in October 2002 that “we’ve learned that Iraq has trained Al Qaeda members in bomb making and poisons and gases.’’

The newly declassified portions of the document were made available by Senator Carl Levin of Michigan, the top Democrat on the Senate Armed Services Committee.

Mr. Levin said the new evidence of early doubts about Mr. Libi’s statements dramatized what he called the Bush administration’s misuse of prewar intelligence to try to justify the war in Iraq. That is an issue that Mr. Levin and other Senate Democrats have been seeking to emphasize, in part by calling attention to the fact that the Republican-led Senate intelligence committee has yet to deliver a promised report, first sought more than two years ago, on the use of prewar intelligence. Report Warned Bush Team About Intelligence Doubts , http://www.nytimes.com/2005/11/06/politics/06intel.ready.html?hp&ex=1131339600&amp;amp;amp;amp;en=0d091794b0c89f27&ei=5094&partner=homepage


If Watergate taught Americans that it wasn't the crime but the coverup. The Plame game should teach us that when you want to believe something in the worst way, you can tell untruths in the worst way.

When you decide you aren't going to let details like the facts or the truth get in the way of what you decide is right. When you've predetermined the outcome of what's supposed to be an independent investigation. You've already chosen coverup and crime.

When you justify with belief instead of fact, you've already done more damage than Al Qaeda could ever do to a society you nor they will ever comprehend.

Alfred Ingram…

con·cept