Month: January 2014

Not Enough Bullets………

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It appears that the hyper wealthy think that people not liking them or how they make money is just like the holocaust, “Seems like billionaire venture capitalist Tom Perkins is very, very afraid of progressives. In a letter to the Wall Street Journal, Perkins expressed his deep fear that fascist progressives were going to burn down the city.”

He actually invoked Kristallnacht:

From the Occupy movement to the demonization of the rich embedded in virtually every word of our local newspaper, the San Francisco Chronicle, I perceive a rising tide of hatred of the successful one percent. There is outraged public reaction to the Google buses carrying technology workers from the city to the peninsula high-tech companies which employ them. We have outrage over the rising real-estate prices which these “techno geeks” can pay. We have, for example, libelous and cruel attacks in the Chronicle on our number-one celebrity, the author Danielle Steel, alleging that she is a “snob” despite the millions she has spent on our city’s homeless and mentally ill over the past decades.

This is ludicrous.

BTW, San Francisco has a law against private vehicles blocking bus-stops, as the aforementioned Google buses do. It’s a $271 fine, and this means something north of $½ billion in fines have been ignored by the city by various tech firms, because big tech is above the law.

The idea that somehow or other, either criticism or legitimate law enforcement actions directed toward the extremely wealthy is somehow a fascist style persecution against the 0.01% is both pernicious and laughable.

You Learn Something New Every Day………

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I was using Google to confirm the spelling of the word “Bated”, as in, “Bated breath,” the other day, and I came across its origins.

It turns out that it’s a diminutive form of the word “abated”, and the first recorded use was by William Shakespeare, specifically, Merchant of Venice, “Shall I bend low and in a bondman’s key, With bated breath and whispering humbleness, Say this; ‘Fair sir, you spit on me on Wednesday last; You spurn’d me such a day; another time You call’d me dog; and for these courtesies I’ll lend you thus much moneys’?”

I already knew that the first recorded use of puke, actually the word puking, came from The Scottish Play.

I just think that it’s kinda cool.

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My Thoughts on This Year’s Superbowl

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Normally, I do not watch the Superbowl for the Football.

When my team, Washington is playing, I do not watch.

The least time I did was Super Bowl XXII.  I watched the first quarter, and Denver was leading 10-0, so when some friends came by suggesting dinner, I turned off the TV, and we left the hotel, (I was at a Boskone) and went put to eat.

I returned an the start of the third quarter, and the Redskins had scored 35 unanswered points.

I then realized that Washington had lost whenever I watched, and won when I hadn’t, so I do not watch them in that game.

You can call me superstitious, just don’t call me late for dinner.

So these days, I watch out for the ads, if I watch at all.  (I saw Apple’s 1984 ad when our originally aired.)

However, there are some exceptions to this.

If the Buffalo Bills play the Minnesota Vikings, I’ll watch.

Another exception is if the Superbowl is played outside in inclement winter weather, as the Football gods intended.

This year, the game will be played at the stadium formerly known as The Meadowlands, in North Jersey, so there is a distinct possibility of real Football played in real Football weather.

So if the mercury is below -10°C, our of there is some serious snow, I well be watching.

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Federal Civil Rights Board Condemns NSA Snooping Program

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The Privacy and Civil Liberties Oversight Board just issued a report on the NSA’s metadata driftnet.
They have concluded that it is both ineffective and illegal:

An independent federal privacy watchdog has concluded that the National Security Agency’s program to collect bulk phone call records has provided only “minimal” benefits in counterterrorism efforts, is illegal and should be shut down.
The findings are laid out in a 238-page report, scheduled for release by Thursday and obtained by The New York Times, that represent the first major public statement by the Privacy and Civil Liberties Oversight Board, which Congress made an independent agency in 2007 and only recently became fully operational.
………
The program “lacks a viable legal foundation under Section 215, implicates constitutional concerns under the First and Fourth Amendments, raises serious threats to privacy and civil liberties as a policy matter, and has shown only limited value,” the report said. “As a result, the board recommends that the government end the program.”
………
But the privacy board’s report criticized that, saying that the legal theory was a “subversion” of the law’s intent, and that the program also violated the Electronic Communications Privacy Act.
“It may have been a laudable goal for the executive branch to bring this program under the supervision” of the court, the report says. “Ultimately, however, that effort represents an unsustainable attempt to shoehorn a pre-existing surveillance program into the text of a statute with which it is not compatible.”

The ruling was not unanimous, the two members, both alumni of the ferociously corrupt and incompetent Bush DoJ, Rachel L. Brand and Elisebeth Collins Cook, both thought that everything was all hunky dory, with Ms Cook letting loose this bit of completely moronic insanity:

Still, in her dissent, Ms. Cook criticized judging the program’s worth based only on whether it had stopped an attack to date. It also has value as a tool that can allow investigators to “triage” threats and provide “peace of mind” if it uncovers no domestic links to a newly discovered terrorism suspect, she wrote.

Translation: Just because spying on the whole country hasn’t yet worked, doesn’t mean that at some point there might be a chance of it doing something good.
To paraphrase Jimi, excuse me while my head explodes.
Meanwhile, Ars Technica goes a bit further down into the weeds, and covers some important minutae:

The Thursday PCLOB report only addresses critiques of the Section 215 program, but it notes that a future report will address problems found in Section 702 of the Foreign Intelligence Surveillance Act Amendments Act (FISA AA). Meanwhile, the report describes the rules for targeting non-Americans outside the United States. The government argues that PRISM and related spying programs targeting non-Americans outside the United States are authorized under Section 702.
………
The report goes into great detail explaining both the mechanics of the bulk metadata collection program and how it began. It also emphasizes that under the Section 215 program, the NSA does not collect cell-site location information (CSLI), which can be used to provide geographic information about a call.
However, the report ominously notes:

In the past, the NSA has collected a limited amount of cell site location information to test the feasibility of incorporating such information into its Section 215 program, but that information has not been used for intelligence analysis, and the government has stated that the agency does not now collect it under this program.


 The PCLOB concluded, as Ars has previously, that by allowing analysis of up to “three hops,” this could potentially encompass around half the population of the United States:

If the NSA queries around 300 seed numbers a year, as it did in 2012, then based on the estimates provided earlier about the number of records produced in response to a single query, the corporate store would contain records involving over 120 million telephone numbers.

The PCLOB also notes that there is a significant difference between using phone calling data to follow up on a reasonable suspicion, and collecting information on every phone call made in the country.

Still, I don’t expect anything but minor cosmetic changes.

Full report after the break:

Obama Punts on Equal Healthcoverage Coverage for CEO’s, Lets the 1% Loot Again

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One of the provisions of the PPACA was that senior executives had to get the same sort of insurance as the rest of their workers.

Well, it seems that the Department of Health and Human Services has decided that it’s just too hard to come up with rules to implement this portion of the statute:

The Obama administration is delaying enforcement of another provision of the new health care law, one that prohibits employers from providing better health benefits to top executives than to other employees.

Tax officials said they would not enforce the provision this year because they had yet to issue regulations for employers to follow.

The Affordable Care Act, adopted nearly four years ago, says employer-sponsored health plans must not discriminate “in favor of highly compensated individuals” with respect to either eligibility or benefits. The government provides a substantial tax break for employer-sponsored insurance, and, as a matter of equity and fairness, lawmakers said employers should not provide more generous coverage to a select group of high-paid employees.

But translating that goal into reality has proved difficult.

Officials at the Internal Revenue Service said they were wrestling with complicated questions like how to measure the value of employee health benefits, how to define “highly compensated” and what exactly constitutes discrimination.

Bruce I. Friedland, a spokesman for the I.R.S., said employers would not have to comply until the agency issued regulations or other guidance.

This sh%$ ain’t rocket science.

Either they are dragging their feet, or they are writing Byzantinely complex rules.

The only reason for complexity is to create loopholes that millionaire campaign contributors executives can drive their Beemers through.

In Which I Use the Words “Insurance” and “Fascinating” in the Same Sentence………

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Susie Madrak’s has a post at C&L about Christie’s allies in the New Jersey Democratic Party.

While I am not an expert on New Jersey Politics, that way madness lies, I was aware that South Jersey Dems tended to be more in line with both Christie’s policies and his manner.

Normally, I would not write about Suzie’s take on this, but she reveals a deep systemic problem with governance at the state and local level throughout the United States.

Specifically, she notes how insurance is routinely used as a way to generate undeserved profits for businessmen, and undeserved political contributions for politicians:

We talked about the legislative fight over funding Philadelphia’s then-new convention center. He called it “a boondoggle.”

 “Then why did the Republicans end up supporting it?” I said.

 He looked at me like I was a moron. “The bonds. The insurance. Follow the money,” he said. “The Republicans are making money off all that stuff. It’s always about insurance and bonds.”

 So I took his advice, and started delving into the esoteric world of municipal insurance. I discovered that the same insurance broker had almost every single insurance contract in the county, and that he was a heavy Republican contributor – which is why he got all those contracts in the first place.

 New Jersey has a broker like that. His name is George Norcross, and he’s a Democrat — at least nominally.

 To understand why he who controls the insurance controls the politics, you need to understand just how profitable insurance is. And if you own the political apparatus that runs along with it, you have a perpetual money machine that really doesn’t require much upkeep.

 It was the experience in the county I covered that the politically-connected insurance contracts cost an average of 30% more than a municipality or other entity would pay on the open market. Much of the excess profits get kicked back through political contributions. (These contracts are almost always an exception to the open bidding process, which makes it easy. Not so much for the homeowners paying the additional millage.)

 But there are other benefits. For instance, a cooperative insurance broker who wields that much power with the carriers makes sure there are quick and speedy confidential settlements regarding messy little matters like police brutality cases or public officials who are stealing money. They control which attorneys are retained by the carriers, and they’re always politically connected.

 It may be tidy, but it’s probably not democracy.

 Here’s an example of how Norcross works — and it’s all perfectly legal, even if the taxpayers get screwed:

In another DRPA-related transaction, Norcross’s insurance firm received $410,000—not for actually doing the authority’s insurance work, but for referring that business to another insurance firm, Willis of New Jersey. While a report last year from the New Jersey comptroller was critical of that arrangement, it also noted that there was technically nothing unlawful about it, a point Norcross reiterates when I bring it up. “Look,” he says, “the report itself says nothing happened that was illegal.”

Looking at this, and how the regulatory and legal environment not only enables, but encourages this behavior.

After all, when was the last time that your heard of an indictment, much less a conviction of an insurance broker doing a shady deal with a local government?

It’s the Iron Triangle writ local.

Not Enough Bullets………

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After JP Morgan had to pay billions of dollars in fines and restitution, the board of directors took decisive action, and doubled JP Morgan CEO’ Jamie Dimon’s salary.

I guess in finance, everyone gets a gold star, kind of like kindergarten, only with less accountability:

JP Morgan Chase has almost doubled chairman and CEO Jamie Dimon’s pay for 2013, rewarding the executive for settling probes against the bank.

Dimon will receive total compensation of $20m in 2013, consisting of $18.5m in stock options and a base salary of $1.5m, the bank said in a statement Friday.

That compares with total compensation of $11.5m a year earlier, down from $23m in each of the previous two years.

The bank says it took several factors into account when deciding on Dimon’s pay, including the “sustained long-term performance” of the bank, gains in market share and customer satisfaction as well as his handling of the legal issues facing the lender.

Seriously, we need to start jailing these people post haste.

Mike Huckabee is Terrified of Women’s Libidos

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Yesterday, I asserted that the abortion criminalization right wants to punish women for their own sexuality.

Today, Mike Huckabee removed all doubt:

Former Arkansas Gov. Mike Huckabee said the Republican Party is waging a “war for women,” at a meeting of the Republican National Committee Thursday.

Addressing a luncheon of committee-members, staffers, and operatives, Huckabee took aim at Democrats who accuse the GOP of waging a “war on women” with its policies against abortion and government-subsidized birth control.

“Republicans don’t have a war on women,” Huckabee said. We’re having a war for women. To empower them to be something other than victims of their gender.”

“If the Democrats want to insult the women of America by making them believe that they are helpless without Uncle Sugar coming in and providing for them a prescription each month for birth control, because they cannot control their libido or their reproductive system without the help of the government, then so be it,” he continued. “Let us take that discussion all across America, because women are far more than the Democrats have played them to be.”

Great shades of Elvis.

Cannot control their libido?

Unless Huckabee has some girl-on-girl fantasies and a turkey baster, there is, you know, a  penis involved in sex and conception.

Controlling their reproductive system?  That is the definition of birth control.

What is it about Republicans?   Are they still fuming over the fact that they couldn’t get laid during the “Summer of Love” in 1967?

I couldn’t get laid in 1967 either, but in my defense, I turned 5 years old that year.

I would also note that (most of the time, anyway) don’t act like a 5 year old these days, but it appears that Republicans have not managed that trick.

People Who Should be Banned from Teaching for Life

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If there was a way to throw these pitiful excuses for a human being in gaol, I’d go for that too.

A teacher harassed one of her students for being a Buddhist, and when the parents complain the administration suggest that the family give up Buddhism:

A public school in Louisiana allegedly advised a Buddhist family to change their beliefs if they didn’t want their child to face harassment from zealous teachers.

The American Civil Liberties Union and the ACLU of Louisiana on Wednesday filed a federal lawsuit against Negreet High School in Sabine Parish on behalf of two parents, Scott and Sharon Lane, and their son, “C.C.” The lawsuit claims the school has “a longstanding custom, policy, and practice of promoting and inculcating Christian beliefs,” including the teaching of creationism.

Sixth-grade teacher Rita Roark has told her students that the universe was created by God about 6,000 years ago, and taught that both the Big Bang theory and evolution are false, according to the lawsuit. She told her students that “if evolution was real, it would still be happening: Apes would be turning into humans today.”

One test she gave to students asked: “ISN’T IT AMAZING WHAT THE _____________ HAS MADE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!” The correct answer was “Lord,” but C.C. wrote in something else. Roark responded by scolding the boy in front of the entire class.

When informed that C.C. was a Buddhist and therefore didn’t believe in God, Roark allegedly responded, “you’re stupid if you don’t believe in God.”

On another accusation, she allegedly described both Buddhism and Hinduism as “stupid.”

When the outraged parents confronted Sabine Parish Superintendent Sara Ebarb about the incidents, she allegedly told them “this is the Bible belt” and that they “shouldn’t be offended” to “see God here.” Ebarb advised that C.C. should either change his faith or be transferred to another District school where “there are more Asians.”

Those “educators” had better hope that there is no God, because if he does, then they are all surely going to hell.

Clinton’s Reinventing Government Initiative Failure in One Corrupt Failure

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Remember when President Clinton put forward the idea of “Reinventing Government”?

It was all about how by unleashing “private sector efficiency” on government functions, with the inevitable result being better government for less money.

Leaving aside the historically dismal performance of such efforts ***cough*** Halliburton ***cough***, but one could make the argument that providing logistical service to the military, but when the part of the Office of Personnel Management responsible for security clearance investigations was spun off as a private firm, USIS, that was a core function.

It really doesn’t get any more “core” than preserving state secrets.

And now we see how “private sector efficiency” has allowed the security clearance process to descend into a morass of corruption and incompetence:

The company that conducted a background investigation on the contractor Edward J. Snowden fraudulently signed off on hundreds of thousands of incomplete security checks in recent years, the Justice Department said Wednesday.

The government said the company, U.S. Investigations Services, defrauded the government of millions of dollars by submitting more than 650,000 investigations that had not been completed. The government uses those reports to help make hiring decisions and decide who gets access to national security secrets.

In addition to Mr. Snowden, the company performed the background check for Aaron Alexis, a 34-year-old military contractor who killed 12 people at the Washington Navy Yard last year. Mr. Alexis, who died in a shootout with the police, left behind documents saying the government had been tormenting him with low-frequency radio waves.

The accusations highlight not just how reliant the government is on contractors to perform national security functions, but also how screening those contractors requires even more contractors. U.S. Investigations Service, now known as USIS, is the largest outside investigator for government security clearances. It is one of many companies that has found lucrative government work during the expansion of national security in the last decade.

From 2008 to 2012, about 40 percent of the company’s investigations were fraudulently submitted, the Justice Department said.

(emphasis mine)

It doesn’t save money.  All it does is increase the looting, and gives the looters more money to lobby for more looting.

This is disastrous for both our government and our society.

Charlie Pierce Gets It

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Pierce notes that when you look at those who wish to criminalize abortion (and birth control), “There Is No Common Ground On Abortion.”

They want to punish women for their own sexuality.  They want to remove their autonomy, and they (Catholic Church excepted) don’t give a damn about children once they are born into poverty.

These people who are afraid by women, and the power that women possess, and want to minimize it, and there can be no compromise.

The idea of  “Common Ground” is that it provides a way for Democrats to weasel out of this.

Guess what, the only people who feel inspired to vote for members of the weasel family are other weasels, like skunks.

Go read the rest

Poo Flinging in Journalism*

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Erik Wemple, former Editor in Chief of the Washington City Paper and current Washington Post media critic, has been chasing down allegations that Politico’s Mike Allen selling favorable coverage on his daily Playbook newsletter:

Politico Chief White House Correspondent Mike Allen writes “Playbook,” a daily e-mail newsletter featuring stories from Politico and other outlets, various “exclusives,” tips and birthday notices. It also carries “messages” from big companies and trade associations hoping to reach “Playbook’s” audience of influentials.

All the items below were extracted from “Playbook” and are related to the U.S. Chamber of Commerce, a lobbying force that has advertised in the newsletter. Please designate which are paid advertisements for the U.S. Chamber of Commerce and which are Allen’s own work:

 ………

 Answers: 1) and 3) are paid ads; 2) and 4) are Allen’s own work.

 One of the hottest issues in journalism today is “native” advertising, the tricks that publishers deploy to elide the domains of journalism and advertising. BuzzFeed has sustained gray-bearded criticism for its boundary-defying listicles. The Atlantic earlier this year ran a native ad from the Church of Scientology that inflamed its audience and prompted an apology and a review of Atlantic procedures for approving ads. Forbes, The Washington Post and the Huffington Post are also experimenting with this approach to funding journalism.

A review of “Playbook” archives shows that the special interests that pay for slots in the newsletter get adoring coverage elsewhere in the playing field of “Playbook.” The pattern is a bit difficult to suss out if you glance at “Playbook” each day for a shot of news and gossip. When searching for references to advertisers in “Playbook,” however, it is unmistakable. And its practitioner is expanding the franchise. Today, Allen disclosed in “Playbook” that he’ll be collaborating in the production of “Capital Playbook,” a newsletter stemming from Capital New York, the news site that Politico acquired earlier this year. Also today, the New York Times, as part of a reorganization of its Washington/political coverage, announced that it would be launching a “morning news tip sheet that sets up the Washington day for our readers.”

 ………

Such fandom helps to explain why Allen’s updates have become perhaps the Beltway’s most impressive journo-business story of the past decade. As previously reported, advertisers pay a good $35,000 for a weekly run in “Playbook,” a price tag that has inflated nicely for Politico in recent years.

And then there is the fawning coverage of Fox News, with the (buried at the end of the article) quote, “And yet former Fox News PR ace Brian Lewis told Jim Romenesko in 2012, “We do not have a do-not-deal-with-Politico policy. We deal with Mike Allen.” As they should.”

So, Mike Allen is not happy with Erik Wemple, which is profoundly unsurprising.

What does surprise me though is that senior editors at The Washington Post and Politico have set up a meeting to resolve this:

Top editors at The Washington Post and Politico tried on Wednesday to mend a rift between the two news organizations.
Politico’s editor in chief, John Harris, and the Post’s editorial page editor Fred Hiatt spoke about columns by Erik Wemple, a media critic for The Post, that have been heavily critical of Mike Allen, a star reporter at Politico and author of the popular Playbook newsletter. Mr. Wemple has accused Mr. Allen of questionable journalistic practices, including using Playbook to provide favorable coverage to the companies that advertise in his newsletter.
It had been reported that editors at The Post and Politico would meet in person, but instead they talked over the phone.
“One of his writers made assertions that I believe do not meet Washington Post standards of fairness or accuracy,” Mr. Harris said in an email, describing the call with Mr. Hiatt. The assertions, he said are  “emphatically untrue — and we had a serious and non-dramatic conversation about this.”
Would the Post have a meeting like this with the now-indicted former Virginia Governor Bob McDonnel?
Of course not.  They would contact him for comments, and they would review any complaints, but a meeting?  Of course not.

When the target has a complaint, you get those complaints, and you examine those complaints, and if you determine them to be valid, you publish a correction.

You don’t hold f%$#ing peace talks.

This sort of mutual back scratching by media institutions is one of the reasons that so many people don’t trust the press.

* Since I am mentioning Eric Wemple and journalistic poo flinging, I feel compelled to note that while Eric Wemple’s was editor at Washington City Paper, he assigned reporters in an effort to out the identity of anonymous bloggers who commented on the oft bizarre conflict with the Wag Time Pet Spa, which was next door to his house, which actually involved the arrest of his wife on allegations of literally flinging of poo, of the canine variety. (see also here)

Linkage

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This is more the ‘tude of Destructo (the male, almost not a kitten) rather than Meatball (or Mouse Trap, my wife and I disagree*)

*It doesn’t really matter, they do not come when they are called.

Do You Think that the Qataris Might Have an Agenda?

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A study funded by the government of Qatar has determined that the Assad regime is guilty to “industrial-scale killing”.

I’m not surprised by the conclusion, and I’m inclined to agree that it is generally accurate, but it is clear that its provenance is highly suspect.

The Sunni monarchs of the Gulf have long had an agenda of both attacking secular Arab regimes, as well as pushing for Sunni dominance in the Arab world.

And it comes out just as negotiations between the two sides begins.

The people who wrote this report have stellar reputations in the human rights area, one is a former chief prosecutor for Sierra Leone, but the source of the data might, or might not, be akin to “Curveball“, whose false testimony was invoked by the Bush administration in their push for the Iraq war:

The defector, who for security reasons is identified only as Caesar, was a photographer with the Syrian military police. He smuggled the images out of the country on memory sticks to a contact in the Syrian National Movement, which is supported by the Gulf state of Qatar. Qatar, which has financed and armed rebel groups, has called for the overthrow of Assad and demanded his prosecution.

Needless to say, I am dubious of the report and the timing.

From I Have a Dream to I Have a Drone

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I’ve been thinking that on the observance of Martin Luther King, Jr.’s birthday I should offer some sort of comment, and I’ve kind of been at a loss.

Driving to work today, I had a flash of insight.

It’s not deep, but it is glib, and I think that it is an evocative way to give the lie to the idea that somehow or other Obama is a successor to Kings legacy.

Beneficiary, yes, successor, no f%$#ing way.

More generally,  I object to the the Disneyification of King’s memory.

At the core of his activism was a profound and deep moral outrage, and the process by which he has been reduced to some sort of “Magic Negro” by the mainstream media is a real shame.

It serves to dilute much of his message, which was not just about civil rights, but addressed poverty and labor rights as well.

Not Enough Bullets

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The tech companies are trying to dodge taxes again:

Silicon Valley has launched a last-ditch attempt to derail plans devised by the G20 group of countries to close down international loopholes that are exploited by the likes of Google, Amazon and Apple to pay less tax in the UK and elsewhere.

The Digital Economy Group, a lobbying group dominated by the leading US digital firms, has written to the OECD, the Paris-based thinktank tasked by G20 leaders with drawing up reforms, saying it is not true that communications advances have allowed multinational groups to game national tax systems.

Suggesting that any leakage of tax revenues flowing from the complex corporate structures of digital groups is merely coincidental, the Digital Economy Group says: “Enterprises that employ digital communications models do not organise their business operations differently as a legal or tax matter.”

Their denial of tax engineering follows a string of tax scandals in Europe and the US in the past two years. In the UK, Google bore the brunt of criticism from Margaret Hodge, who chairs the public accounts committee, after it emerged that Google – which the Guardian understands is a member of the DEG – had been allowed to pay £3.4m in tax to HMRC in 2012 despite UK revenues of £3.2bn.

“Merely coincidental,” my ass.  0.09% tax rate?  This is not a boating accident.

I guess that you need all that money you save from tax cheating that you can pay your senior executives obscene bonuses.

How about throwing these motherf%$#ers in jail.

Stewart 1, Obama 0

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Stewarts notes that Obama has deliberately created a regime in which the rules are completely dependent on the goodwill of the authorities, something which our founders abhorred.

Obama makes an exception for “true emergencies,” and Stewart observes that, “We will totally follow the rules until we determine such time when we will no longer follow the rules, but don’t worry about it. You won’t hear about it, because we’re doing it in secret.”

Once again, with a smile on his face, Stewart reveals the hypocrisy of power.