Year: 2010

Is the Obama Administration Sabotaging the CFPB Already?

There are increasing reports that Elizabeth Warren, largely as a result of a growing chorus among liberals to appoint her as head of the Consumer Financial Protection Bureau, will be the nominee as the first chair.

Well, I figured that if they were forced, as it appears that they are, then they would play to lose the nomination: After all, how tough is it to get Republicans to filibuster someone who wants to work for the average American?

Well, if the following report is true, then they are also sabotaging the CFPB as an organization as we speak, having tasked a Federal Reserve Governor and former banking industry lobbyist to start staffing the organization:

However, a source tells FDL News that Geithner is working on this process with Elizabeth Duke, a member of the Federal Reserve Board of Governors. Duke is a former community banker and the past head of the American Bankers Association, a trade lobby group. She served on the ABA’s board of directors from 1999 to 2006. The ABA opposed the Dodd-Frank bill almost entirely because of the Consumer Financial Protection Bureau.

What’s more, Duke herself specifically opposed an independent agency in July 2009 testimony, and endorsed keeping the responsibility for consumer protection in the Federal Reserve. In fact, she went further, promoting the Fed’s consumer protection prowess despite the agency having missed the housing bubble and the predatory lending that enabled it.

………

If the reports I’m getting are true, this is the woman dealing with staffing up and organizing the Consumer Financial Protection Agency, before the director gets a chance.

The Federal Reserve has not yet returned comment regarding Elizabeth Duke’s role.

This is crucially important. There’s a lot someone in power can do to mess with a federal agency at the outset. You can hire some staffers not committed to the agency’s goals, or give them poor working conditions, or any number of things. Then the new director comes in and is immediately faced with a turf war. If a community banker dismissive of consumer protections ends up setting the vision for the consumer protection bureau, it could slow its progress out of the gate. If the Department where the agency originates is more concerned with “extend and pretend” – letting the banks get out of trouble by earning their way past the bad loans on their books, in part through inundating consumers with higher fees on their products – then that worldview of the banks being more important than the people can get embedded into the agency.

Obviously, there are conflicting reports here, but I’m inclined to believe these reports.

Obviously, David Dayen’s suggestion that Obama do the right thing and, “without delay name her to the position of interim director by hiring her at Treasury,” is a good suggestion, but this assumes a level of support of the CFPB and its core mission, and I do not believe that.

First, I believe that Obama and his economic team really do buy into neoliberal idea that markets are always smarter and better than regulators, and second, I think that they honestly believe that the banking system will collapse if they generate profits by cheating ordinary Americans.

Of course I’ve been pessimistic about Obama for about three years, so feel free to argue that I’m not hopey changey enough.

About a Lot More Than the iPhone

The Library of Congress, which has the power to create exemptions to the DMCA, has has made just released very significant carve outs, though to read the New York Times, it’s all about the iPhone.

You see, two of the things that are now allowed under the ruling are software to “jailbreak” the iPhone, both to allow non-Apple App Store applications, and to use the iPhone on a non AT&T networks.

Actually, this applies to all cell phones, but this is not a big deal.

What you also have is:

  • The right to rip short videos from DVDs for the educational and criticism purposes.
  • Defeating video game encryption for, “The purpose of good faith testing for, investigating, or correcting security flaws or vulnerabilities”.
  • Circumventing dongles when they become obsolete or exit manufacture.
  • Allowing circumvention of technical measures on E-Books to allow them to be read aloud.

This is stunning. It is consumer friendly, good policy, and common sense.

I would never have expected any of the three things to happen with the US copyright establishment.

I must therefore assume that this was as a result of input from political appointees in the USPTO and Library of Congress, this is fairly radical for career bureaucrats, and as such we need to give the White House credit.

I will note that there is still a work around that Apple could use which would make non App Store applications illegal, by using the Sega strategy, which involved using a verification key (the letters S-E-G-A) which would load the banner message, “PRODUCED BY OR UNDER LICENSE FROM SEGA ENTERPRISES LTD,” before the program loaded (thanks for the legal research from DC at SP), which made jail-breaking the console a trademark violation.

I don’t see Apple doing this, I think that it would unleash regulatory and customer blow-back, but the legal precedent remains there.

Link to the official anti-circumvention rule-making.

Now Afghanistan Has Its Own Pentagon Papers

Courtesy of Wikileaks, which received something on the order of 90,000 US documents about Afghanistan, pretty much the whole of military logs from January 2004 until December 2009, which it then released to the New York Times, der Speigel, and The Guardian, some weeks ago, and has now made publicly available on their site.

Much like the Pentagon Papers, the revelations this far are also generally known:

These are all well known facts, though these have not been presented in US government documents before, which is also much like the Pentagon Papers.

Needless to say, the Obama White House, notwithstanding its promises for more openness has gone full throated in its denunciation of the release of data, saying that the release of the documents could, “could endanger lives and U.S. security,” even though the facts are so well known that even I have blogged about most of them.

There is no danger to any lives or US security, but it does make it more difficult for Barack Obama to prosecute this deepening fiasco, he will see increasing push-back from his own party on this, and this likely seen as a serious political, threat: It is clear that Obama is terrified of being cast as a peacenik in the 2012 elections.

This is Not A Serious KC-X Bid

Stephen Trimble has their PowerPoint, (the link is no good) and it is simply not a credible proposal.

As you can see, it is a twin turbofan variant of the An-70 quad turboprop transport, and I would note that the rough/austere capabilities shown on slide 8 include a an AN-70 crashed in the snow, which is a pretty good indication of the fact that the bidders are “not ready for prime time”.

Additionally, as I have noted before, a high wing aircraft is 50+ kts slower, which means that getting on station takes more time, and the advantages, austere field capability and the ability to paradrop people and cargo, are not a part of a requirement.

The Taiwanese Assesment of Sarah Palin

I’m not sure if it’s the same folks as “Apple Daily,” who did those animations of a prominent golfer who is on my list of They Who Must Not Be Named which Olberman featured prominently, but the style, as well as the cultural sensibilities, seem to be very similar.

I’m not sure if this means that they Don’t understand the United States, or if it means that they Do understand the United States.

If the producers of this video do actually understand us, we are in for a world of hurt as a nation.

VIDEO: Silent Eagle Bay Watch

Click for full size


Top Bay Only in Prototype, Production will Have Bottom Bay as Well


Door Opening and Missile Extending


Launch of an AIM-120

Boeing has now successfully flown a demonstrator for its slelent eagle, the F-15E1 demonstrator.

It has both extended and retracted a missile, and made a successful launch of the AIM-120 AMRAAM.

While these are significant, it should be noted that the system is nowhere near combat ready, with the time for opening the door and extending the missile being at least 10 times what you would want in real air to air combat.

Still, the aerodynamics involved, at least when flying straight and level at around 15,000 feet.

More significant might the fact that Boeing has secured an export license of the aircraft to South Korea.

It’s a low cost solution compared to either the F-35 or F-22, which is more of an indicator of just how the costs of combat aircraft have gotten completely out of control, rather than an indication of how inexpensive the F-15 is as platform.

It’s Bank Failure Friday!!!!

And here they are, ordered, and numbered for the year so far.

  1. Sterling Bank, Lantana, FL
  2. Crescent Bank and Trust Company, Jasper, GA
  3. Williamsburg First National Bank, Kingstree, SC
  4. Thunder Bank, Sylvan Grove, KS
  5. Community Security Bank, New Prague, MN
  6. SouthwestUSA Bank, Las Vegas, NV
  7. Home Valley Bank, Cave Junction, OR

Full FDIC list

Another 6 A 7 bank closing week, and we’ve broken 100 banks, and it is not yet August. we are certainly going to beat the tally of 140 for 2009. (Yes, I posted to soon, and needed to update)

So, here is the graph pr0n with trendline (FDIC only):

I would note that are now at the point where the utility of the least squares trendline is diminishing, but I’m keeping it here for historical purposes.

Putting Descartes Before the Horse

Not entirely safe for work

It’s not entirely safe fow work, but it is very, very funny.

Me, my philosophy is driven by Marxism, not Karl, but rather the Marx brothers, most notably the brother who never appeared before the camera, though he was on stage, Gummo.

Why do I follow Gummo Marx?

Because if I didn’t who else would.

I will note that I have an affection for Zeppo as well, since he was actually involved in engineering and manufacture, bring the man behind the Marman Clamp, so he is a fellow engineer, after a fashion.

H/t The Big Picture.

Credit Ratings Freak Out

One of the tidbits in the financial reform bill was a provision making the ratings agencies liable for the quality of their reports, which is a good thing, since they are nominally experts, and expert opinions of this sort are generally subject to lawsuits for fraud and incompetence.

Their protection from lawsuits had a direct correlation with the crap that Moody’s Fitch’s, and S&P pumped out their door over the past few years.

The thing is, however, that the ratings agencies are completely freaking out over this, and are now demanding that their ratings not be included in bond sales prospectuses:

Standard & Poor’s, Moody’s Investors Service and Fitch Ratings are all refusing to allow their ratings to be used in documentation for new bond sales, each said in statements in recent days. Each says it fears being exposed to new legal liability created by the landmark Dodd-Frank financial reform law. The new law will make ratings firms liable for the quality of their ratings decisions, effective immediately. The companies say that, until they get a better understanding of their legal exposure, they are refusing to let bond issuers use their ratings.

What they are saying here is that they are unwilling to actually rate bond issues if there is the slightest chance that their own incompetence or corruption might get them successfully sued.

Well, for most of the rest of us, if we screw up a home repair, leave a cell phone in a patient during an operation, or leave an oil plug off of a car, we are liable, and the world works.

The ratings agencies have no special right to be unaccountable.

MSNBC Last Night

We have two videos here, the first is Olbermann’s special comment, which is good, but, as I said last night, not as good as he has been, and then we have Maddow’s clear and convincing demonstration about how the right wing media in general, and Fox in particular, play the game of, “find the big scary black man,” for political advantage.

I prefer Rachel’s approach and delivery.

That being said, they are both good segments, and well worth spending the 10-15 minutes each segment runs.

Dems Cave on Anthropogenic Climate Change Bill

I guess that is no surprise that John Kerry and Harry Reid have given up on climate change legislation.

The only bright side is that it was a pretty sucky bill which would have handed the Vampire Squid* and Their Evil Minions a new market mechanism to rape.

If Obama has any balls, and he doesn’t, he will get moving to have the EPA draw up regulations, ones with real teeth make the coal, oil, and gas state Congressmen sweat.

In order to capture legislators hearts and minds on this issue, you need to get them by the balls first.

*Alas, I cannot claim credit for the bon mot describing Goldman Sachs as a, “great vampire squid wrapped around the face of humanity, relentlessly jamming its blood funnel into anything that smells like money.” This was coined by the great Matt Taibbi, in his article on the massive criminal conspiracy investment firm, The Great American Bubble Machine.