Year: 2014

Germany Spurns U.S. Offer to Join “The Club”

In an attempt to ameliorate German concerns over spying on its citizens, Angela Merkel has been offered membership in special intelligence sharing regime occupied by the US, UK, Canada, Australia, and New Zealand, colloquially known as the Five Eyes Pact.

She has turned down this offer:

U.S. Ambassador John Emerson made his way to the Foreign Ministry in Berlin armed with a plan to head off the worst diplomatic clash of Angela Merkel’s chancellorship.

Emerson came to the July 9 meeting with an offer authorized in Washington: provide Germany a U.S. intelligence-sharing agreement resembling one available only to four other nations. The goal was to assuage Merkel and prevent the expulsion of the Central Intelligence Agency’s chief of station in Berlin.

It wasn’t enough.

The same morning, across the boundary once marked by the Berlin Wall, Merkel convened her top ministers following the 9:30 a.m. Cabinet meeting on the sixth floor of the Chancellery and resolved to ask the U.S. intelligence chief to leave German soil.

Merkel, who ultimately determined the government’s course, had to act. Public and political pressure after more than a year of accusations of American espionage overreach, stoked by indignation at the lack of a sufficient response from Washington, had left the German government with no alternative.

“We don’t live in the Cold War anymore, where everybody probably mistrusted everybody else,” Merkel, who has previously reserved her Cold War-mentality accusations for Russian President Vladimir Putin, said in an interview with German broadcaster ZDF today.

(emphasis mine)

Once again, we see how, when we allow our state security apparatus to operate unsupervised, those in charge of providing intelligence on our opponents serve their own narrow institutional interests, and not the interests of our nation.

Unfortunately, there currently is no political will to keep our intelligence agencies on a leash.

The Navy’s Mania for Reducing Crewing Bears Bitter Fruit

The US Navy has discovered that the limits of human endurance have been reached, and surpassed, in the Littoral Combat Ship:

Did you ever work a job that required two people, but your stingy employer insisted that one was enough? Then you understand the problem with the Navy’s Littoral Combat Ship.

One of the LCS’s supposed advantages is its much smaller crew compared to other vessels. Where a Navy frigate might have 200 sailors, the frigate-size LCS has just 40—although, to be fair, two different 40-person crews take turns running the ship.

LCS is a jack-of-all-trades warship that can carry different modules for various missions—anti-submarine warfare, surface warfare or mine-hunting.
The idea was that automation would enable fewer sailors to operate the $400-million LCS for all these missions. This saves on manpower costs as well as on precious shipboard space for crew accommodations.

But a new Government Accountability Office report proves what any Burger King worker already knows—cutting your workforce by 80 percent without also decreasing its workload … isn’t always a great idea.

When the GAO studied USS Freedom’s recent 10-month deployment to Singapore, the auditors found that crews worked too hard. “Freedom crews averaged about six hours of sleep per day compared to the Navy standard of eight hours,” the GAO stated.

“Some key departments, such as engineering and operations, averaged even fewer.”
And this happened despite the Navy temporarily adding 10 extra sailors to the crew and sending contractors aboard.

Also note that with short crewing like this, damage control is marginal, there are no reserves to allow the crew to continue operating the ship while performing repairs, so this ship is likely to have a glass jaw.

This is particularly troubling, as it will be operating in coastal waters, the threats are varied, everything from shore based defenses to guys in Zodiacs packing RPGs.

How Barack Obama Made People Stop Believing in Government

Do you remember the history HARP?

Barack Obama and Timothy Geithner, said that they had a program to help distressed homeowners, when it was actually a program that consistently screwed homeowners in order to “foam the runway” for the banksters by allowing them to puff up their balance sheets.

Well, people remember this, and now that Obama is (allegedly) trying to provide real aid to homeowners, they are finding that have no takers because the homeowners in question do not trust the government to help them any more:

We all remember the fable of The Boy Who Cried Wolf. The moral of the story: Lie one too many times and nobody will believe you, even when you’re telling the truth. Now we have a case of The Government Who Cried Wolf, showing how the failure of the Obama administration’s foreclosure mitigation programs haunt them to this day.

The Federal Housing Finance Agency (FHFA), which oversees mortgage giants Fannie Mae and Freddie Mac, wants to help around 676,000 homeowners it has identified as eligible for refinancing under the government’s Home Affordable Refinancing Program (HARP).

………

But these remaining homeowners appear to have no interest in the program, and Watt explained why in Chicago. “We have written to them. We have called them, and they’re saying this is too good to be true,” he said.

Why would homeowners exhibit so much skepticism in a government program that they feel inclined to turn down thousands of dollars in free money? You can track it back to all the promises made over the past five years to help homeowners, and the unfortunately sorry results.

In 2009, when the foreclosure crisis was most acute, President Obama promised to save 4 million homes through the Home Affordable Modification Program (HAMP). Today, only around 900,000 hold active permanent HAMP modifications, while millions of others either re-defaulted or were rejected by the program. Mortgage servicing companies, which had a greater financial incentive to foreclose over modifying home loans, quickly figured out how to game the system, using it to pile more bad debt on borrowers for their own reward.

The process devolved into a horror show for homeowners. Servicers prolonged trial modifications well past the three-month period set out in HAMP guidelines so that they could rack up late fees. They deliberately lost borrower’s income documents to extend the default period, even shredding documents and purging records to do so. They pursued foreclosure while negotiating the modification, against HAMP rules. They granted modifications that folded servicer fees into the principal of the loan, increasing the unpaid principal balance — and thus their profit — while pushing the borrower further underwater. And they trapped borrowers after denying modifications, demanding back payments, missed interest and late fees, with the threat of foreclosure as a hammer.

This sometimes forced borrowers into “private” modifications with the servicer, usually on worse terms than the status quo. Or it led to many of the 5.6 million foreclosures we’ve seen since the collapse of the housing bubble. One set of employees at Bank of America testified that they were given bonuses like Target gift cards for pushing homeowners into foreclosure.

Subsequent government programs, like the “Hardest Hit Fund” directed at states with the most nagging foreclosure crises, similarly failed to deliver. The failure to restructure mortgages and avert foreclosures is seen as the biggest policy mistake of the Great Recession.

It’s easy to prove to people that government cannot work, you just have to do things like HAMP, and lie to people and design programs to fail when view through the lens of their professed goals.

On the far side, however, when you actually want to help people, they no longer trust you, forever and ever.

Note that Obama and His Evil Minions had a completely free hand in designing these programs, so they own the fallou, or as Atrios notes:

Plenty of things are genuinely beyond Obama’s control, but we have an example of something which was 100% in his control. And it was horrible.

Well, It’s a Start

A Florida judge has two Congressional districts to be illegally Gerrymandered:

In a sharply worded decision, a Florida judge ruled late Thursday that Republicans illegally redrew the state’s congressional districts, saying they “made a mockery” of an amendment meant to inject fairness into a process that has long been politically tainted.

Judge Terry P. Lewis of Florida’s Second Judicial Circuit ordered that two districts be redrawn — one, the 10th District, now held by Representative Daniel Webster, a Republican, and the other, the Fifth District, held by Representative Corrine Brown, a Democrat. In redrawing them, neighboring districts are also likely to be affected.

………

Judge Lewis delivered a blistering, 41-page attack on Florida’s redistricting process, reserving his most scathing criticism for the Republican establishment, including political operatives. He said it was clear that Republican operatives had managed to “infiltrate and influence” the Florida Legislature.

“Republican political consultants or operatives did, in fact, conspire to manipulate and influence the redistricting process,” the judge wrote. At another point, he quoted George Washington, who warned of “cunning, ambitious and unprincipled men.”

………

In 2010, Floridians voted to pass two constitutional amendments that required lawmakers to draw congressional and state legislative districts more cohesively and without favoring a political party.

The maps were redrawn in 2012, before the midterm elections. They were approved by the Republican-dominated Legislature and signed by Gov. Rick Scott, a Republican.

During a two-week trial in May and June, a parade of political operatives, lawmakers and legislative staff members took the stand to testify about what they did and did not do during the redistricting process. It turned out that legislative leaders destroyed many documents relevant to the process, a move that Judge Lewis sharply criticized on Thursday.

“You have to wonder,” he said.

Well the judge can wonder, but I don’t.

Of course the ‘Phants engaged in partisan Gerrymandering.

Linkage

Here is John Oliver on how the Hobby Lobby crowd export homophobia while it becomes unacceptable locally. (Kinda long)

And In Yet Another Case of Our Security State F%$#ing It Up for the Rest of Us

The CIA hits the trifecta.

First,  we discover that the CIA conveniently forgot to tell Barack Obama about that spy being caught before he talked with Angela Merkel:

When President Obama placed a call to Chancellor Angela Merkel of Germany last Thursday, he had a busy agenda: to consult with a close ally and to mobilize wavering Europeans to put more pressure on Russia to end its covert incursions in Ukraine.

What Mr. Obama did not know was that a day earlier, a young German intelligence operative had been arrested and had admitted that he had been passing secrets to the Central Intelligence Agency.

While Ms. Merkel chose not to raise the issue during the call, the fact that the president was kept in the dark about the blown spying operation at a particularly delicate moment in American relations with Germany has led frustrated White House officials to question who in the C.I.A.’s chain of command was aware of the case — and why that information did not make it to the Oval Office before the call.

You know, sometimes this is judgement call when you tall the boss about a f%$#-up.

When your boss is about to talk to the victim of said f%$#-up, and it is likely that said victim knows, this most certainly isn’t one of these cases.

Heads need to roll at the CIA, and not just Brennan.  You need some of the long time professionals who decided to withhold this information to be gone as well.

But it gets better.  You see, the Germans caught a 2nd CIA mole:

German authorities are investigating the second case of a government employee suspected of spying on confidential government affairs for US secret services within a week.

Public prosecutors confirmed that the home and office of a defence ministry employee in the greater Berlin area had been searched on Wednesday morning.

They told the Guardian that a search had been conducted “under suspicion of secret agent activity” and that evidence – including computers and several data storage devices – had been seized for analysis. The federal prosecutor’s office confirmed that no arrest had yet been made.

According to Die Welt newspaper, the staffer being investigated is a soldier who had caught the attention of the German military counter-intelligence service after establishing regular contact with people thought to be working for a US secret agency.

The news came just days after a member of the German intelligence agency BND confessed to having passed more than 200 confidential files to a contact at the CIA.

The new case is not thought to be directly related to that of the BND staffer. However, one government insider familiar with the case told Süddeutsche Zeitung that the new case being investigated was “more serious” than that of the BND spy, in which the sold documents are thought to have been of limited value.

Last week’s spying scandal gave a detailed picture of how US security agencies manage to recruit foreign agents. The staffer, employed at the German intelligence agency’s department for foreign deployments, had managed to establish contact with the CIA after emailing the US embassy in Germany.

At a meeting in a Salzburg hotel, the CIA then equipped the BND employee with a specially encrypted laptop, which allowed the agent to keep in touch with the US secret service on a weekly basis: every time he opened a programme disguised as a weather app, a direct connection was established with a contact in America.

The BND employee, who is said to have a physical disability and a speech impediment, received around 25,000 euros (£20,000) for 218 confidential documents, though sources within the intelligence service told German newspapers that the 31-year-old had been motivated less by financial interests than by a craving for recognition.

After the CIA had apparently lost interest in him, he had offered his services to the Russian general consulate in Munich, inadvertently catching the attention of the German counter-espionage agency.

And in response to this, Germany has expelled the CIA’s Berlin station chief:

The German government on Thursday demanded the removal of the top American spy in the country, the strongest evidence yet that mounting revelations about widespread American intelligence operations in Germany have gravely damaged relations between once close allies.

The decision by Chancellor Angela Merkel to publicly announce the expulsion of the Central Intelligence Agency’s Berlin station chief was seen as a highly symbolic expression of the deep anger and hurt that German officials have felt since the exposure of the American espionage operations.

It is likely to force another reassessment inside the C.I.A. and other spy agencies about whether provocative espionage operations in friendly nations are worth the risk to broader foreign policy goals. One such assessment was conducted last summer, when President Obama ordered a halt to the tapping of Ms. Merkel’s phone after it came to light because of the former National Security Agency contractor Edward J. Snowden.

Current and former American officials said that the Berlin station chief, who works undercover, has been in the position for about a year. It was his predecessor in the job, the officials said, who oversaw the recruitment of the German intelligence officer arrested last week who has reportedly told his interrogators he was spying for the C.I.A., touching off a storm of criticism of the United States. German investigators are also looking at a second case of an official inside the Defense Ministry who may have been working for the Americans.

The expulsion of a C.I.A. station chief — the ranking American intelligence officer in a foreign country — was a staple of the Cold War, but it is a move almost never made by allies. “It’s one thing to kick lower-level officers out, it’s another thing to kick the chief of station out,” said one former C.I.A. officer with extensive experience working on European operations.

The closest precedent may be an episode in 1995, when the C.I.A. station chief in Paris, his deputy and two other agency officers were expelled for trying to pay French officials for intelligence on France’s negotiating position in trade talks. But Thursday’s move is potentially more significant, since the intelligence cooperation between the United States and Germany has historically been far closer than that with the French.

It is almost certain that the BND will be all over the CIA activities in the country for the forseeable future.

Why Not to Trust the Good Inteition of the US State Security Apparatus, Part Gajillion

It turns out tha the FBI monitored Nelson Mandela as a potential communist threat in the 1990s:

The FBI monitored the interactions between Nelson Mandela and the African National Congress and leftwing groups in the US through the 1980s and 1990s as part of its ongoing investigations into what the bureau deemed to be the communist threat to US national security, new documents reveal.

The batch of 36 pages of previously classified documents, extracted from the FBI under freedom of information laws, show that federal agents continued to monitor Mandela’s and the ANC’s connections within the US even after the legendary South African leader was released from prison in February 1990. The bureau monitored meetings between Mandela and other world leaders, tracked the movements of senior ANC officials as they travelled across the US, and kept a close eye on the anti-apartheid activities of the Communist Party USA (CP-USA).

The declassified documents are marked “secret” under recognised codes for domestic and foreign counter-intelligence investigations. They include a record kept by federal agents of a meeting in Namibia just a month after Mandela’s release from jail between him and the then president of Yugoslavia, Janez Drnovsek. The record notes that a transcript of the proceedings was sent in Serbo-Croat to the FBI’s Cleveland office.

Another document records the FBI’s decision in June 1990, four months after Mandela was set free, to send an informant from Philadelphia to New York to snoop on a meeting that the bureau thought was about to take place between Mandela and Puerto Rican independence activists. “Information contained in this communication is extremely singular in nature and must not be disseminated outside the FBI or existing terrorism task forces,” it stated.

Note that this is after Mandela was released, but pretty much, by force of habit, the FBI continued to stalk him, because ……… Communism!1!1!

We cannot trust any of these guys to control themselves.  That’s why we need aggressive civilian authority and oversight.

Pusillanimous Police, Prosecutors, Punt Penis Pix

Well, it looks like DA and the Cops in Manassas have backed down on their demand to a photograph of a teens genitalia in a sexting case:

Manassas City police said Thursday they would not serve a search warrant seeking to take photos of a 17-year-old boy charged with “sexting” an explicit video to his 15-year-old girlfriend earlier this year.

The teen is facing felony counts of manufacturing and distributing child pornography. As the case was headed to trial last week, Manassas City police and Prince William County prosecutors said in juvenile court that they had obtained a warrant to photograph the teen’s erect penis, in order to compare with the video he allegedly sent in January, according to the teen’s lawyers. When defense lawyer Jessica Harbeson Foster asked how they would obtain a photo of her client while aroused, she said police told her they would take him to a hospital and inject him with a drug to force an erection.

On Thursday, Prince William authorities decided to drop that plan. Lt. Brian Larkin of the Manassas City police said, “We are not going to pursue it.” He said the police planned to allow the search warrant, obtained last week, to expire. He would not say why the decision had been made to abandon the warrant or discuss the reasons for the search.

They would still be going for this, except for the fact that it got ink.

Sunlight is a disinfectant to this sort of vile behavior, and here’s hoping that this destroys a few careers in law enforcement.

Uh-Oh

You know about short selling?

The nickel tour is that it is a way to bet against an asset, and you make money if it falls in value.

Well, short selling has hit a 7 year low. In fact it hit the lowest level since the Lehman Brothers implosion that initiated the financial crisis:

Hedge funds have sharply scaled back their bearish bets that the value of stocks is about to fall, with the proportion of shares earmarked for short selling at its lowest level since before the financial crisis despite warnings of renewed market exuberance.
The percentage of stocks that have been borrowed by short sellers – who try to profit from a company’s share price falling – has dropped to the lowest level in the US, UK and the rest of Europe since the years before the collapse of Lehman Brothers, according to data compiled for the Financial Times by Markit.

The fall in short selling comes as Wall Street and markets in Europe trade at near record and multiyear highs, indicating that while some high profile hedge fund managers have warned of excessive market euphoria the industry is still unwilling to bet against the rally.

Put your cash in something safe and liquid, because we are in for a bumpy ride.

Well Played

Have you heard the feud in the Senate between Senators Begich (D-AK) and McKiskill (D-MO)?

The language has gotten quite heated:

Sen. Mark Begich (D-AK), one of the more vulnerable Democrats in this fall’s midterm elections, was unusually harsh last week when he criticized his fellow Democrat, Sen. Claire McCaskill (D-MO), for scrutinizing the federal contracts of Alaska Native Corporations despite his “repeated attempts to reason with her.”

It was an uncharacteristically abrasive tone for Begich to strike with another Democrat. But in the context of his re-election race, it makes more sense. His campaign’s message has focused on Alaskan issues — like energy and fishing policy — and battling another Democrat is never a bad look for a Democrat in a otherwise red state.

Now a follow-up letter sent by Begich on Tuesday and the accompanying statement from McCaskill suggests that McCaskill, while legitimately pursuing an issue that she’s studied for six years, is also content to let Begich score a few political points at home.

Both sides win: McCaskill assumes the oversight role that the former state auditor relishes, and Begich gets to publicly fight on behalf of a popular program back home.

………

McCaskill’s office had previously declined to respond to Begich’s public rebuke. But asked by TPM about the letter, McCaskill called her colleague a “problem” in a prepared statement. Though, to Alaska’s voters, he might not sound like much of a problem at all.

“I’ve fought for six years to change the law in regard to Alaska Native Corporations,” she said in the statement. “There has consistently been one problem—Mark Begich. He single-handedly protects Alaska and the ANCs.”

McKaskill and Begich both win.

Begich gets points at home for fighting his own party for a program that benefits Alaskans, and McKaskill gets to present a facade of fiscal probity.

I believe that this called “Political Kabuki”.

The Answer is Price Controls, Not Generics

The New York Times has a story showing how consolidation in the generic drug market led to skyrocketing prices:

The first sign of trouble came when Dr. Barry Lindenberg, a cardiologist, received a three-page insurance form in January, demanding he get preapproval to prescribe one of the oldest known heart medicines.

His patient had been on the drug, digoxin, for many years. A mainstay of treating older patients with rapid rhythm disturbances, it was first described in the medical literature in 1785. Millions of Americans still use it every day, and many had long paid just pennies a pill.

“I wrote on the form: ‘ARE YOU KIDDING ME?’ ” said Dr. Lindenberg, who practices in Schenectady, N.Y.

What the cardiologist did not know then was that the price of generic digoxin was rapidly rising. The three companies selling the drug in the United States had increased the price they charge pharmacies, at least nearly doubling it since late last year, according to EvaluatePharma, a London-based consulting firm.

………

Large price increases in the United States for vital medicines for the young, such as vaccines, have been mirrored by similar rises in some of the most basic treatments for older patients, like digoxin. Though there are many newer types of drugs to treat heart disease, for some patients there are no effective substitutes; digoxin is on the World Health Organization’s list of essential medicines.

………

But increasingly, experts say, the costs of some generic drugs are going the other way. The prices paid by pharmacies for some generic versions of Fiorinal with codeine (for migraines) and Synthroid (a thyroid medicine) as well as the generic steroid prednisolone have all more than doubled since last year, EvaluatePharma found. In January, the National Community Pharmacists Association called for a congressional hearing on generic drug prices, complaining that those for many essential medicines grew as much as “600, 1,000 percent or more” in recent years. The price jumps especially affected smaller pharmacies, which do not have the clout of big chains to bargain for discounts.

Digoxin provides a telling case study. There was no drug shortage, according to the Food and Drug Administration, that might explain the increase. There was no new patent or new formulation. Digoxin is not hard to make. What had changed most were the financial rewards of selling an ancient, lifesaving drug and company strategies intended to reap the benefits.

Though generic medicines are far cheaper to bring to market than brand-name drugs because they involve little research and development, they also are priced lower because generics typically face intense competition. But Dr. Aaron Kesselheim, a professor of health economics at the Harvard School of Public Health, noted, “Studies show it is not until you have four or five generics in the market that the prices really are down.”

By late 2013, a number of generic manufacturers had largely stopped producing and distributing digoxin, then a cheap medicine whose use had declined, leaving only two companies dominant in the market. Both businesses — the Lannett Company and Global Pharmaceuticals, a division of Impax Laboratories — are small companies whose bottom line can rise and fall on the sales of a single drug.

It’s very simple.

The drug companies, or for that matter most companies, competition is not a good, but it is cross that they have to bear.

If you have 5 products, and one has a highly competitive market, you are inclined to leave the market and move to more lucrative one.  It’s Econ 101.

It also f%$#s the rest of us.

We need a dose of government interference in this market.

Glenn Greenwald Reveals that NSA Spied on Americans for the Crime of Being Muslim

Greenwald, and Murtaza Hussain, reveal that the NSA spied on hundreds of Americans with no justification:

The National Security Agency and FBI have covertly monitored the emails of prominent Muslim-Americans—including a political candidate and several civil rights activists, academics, and lawyers—under secretive procedures intended to target terrorists and foreign spies.

According to documents provided by NSA whistleblower Edward Snowden, the list of Americans monitored by their own government includes:

• Faisal Gill, a longtime Republican Party operative and one-time candidate for public office who held a top-secret security clearance and served in the Department of Homeland Security under President George W. Bush;

• Asim Ghafoor, a prominent attorney who has represented clients in terrorism-related cases;

• Hooshang Amirahmadi, an Iranian-American professor of international relations at Rutgers University;

• Agha Saeed, a former political science professor at California State University who champions Muslim civil liberties and Palestinian rights;

• Nihad Awad, the executive director of the Council on American-Islamic Relations (CAIR), the largest Muslim civil rights organization in the country.

The individuals appear on an NSA spreadsheet in the Snowden archives called “FISA recap”—short for the Foreign Intelligence Surveillance Act. Under that law, the Justice Department must convince a judge with the top-secret Foreign Intelligence Surveillance Court that there is probable cause to believe that American targets are not only agents of an international terrorist organization or other foreign power, but also “are or may be” engaged in or abetting espionage, sabotage, or terrorism. The authorizations must be renewed by the court, usually every 90 days for U.S. citizens.

………

The five Americans whose email accounts were monitored by the NSA and FBI have all led highly public, outwardly exemplary lives. All five vehemently deny any involvement in terrorism or espionage, and none advocates violent jihad or is known to have been implicated in any crime, despite years of intense scrutiny by the government and the press. Some have even climbed the ranks of the U.S. national security and foreign policy establishments.

………

In one 2005 document, intelligence community personnel are instructed how to properly format internal memos to justify FISA surveillance. In the place where the target’s real name would go, the memo offers a fake name as a placeholder: “Mohammed Raghead.”



The vast majority of individuals on the “FISA recap” spreadsheet are not named. Instead, only their email addresses are listed, making it impossible in most cases to ascertain their identities. Under the heading “Nationality,” the list designates 202 email addresses as belonging to “U.S. persons,” 1,782 as belonging to “non-U.S. persons,” and 5,501 as “unknown” or simply blank. The Intercept identified the five Americans placed under surveillance from their email addresses.

Here is the kicker:

Last week, anonymous officials told another news outlet that the government did not have a FISA warrant against at least one of the individuals named here during the timeframe covered by the spreadsheet.

(emphasis mine)

For the past year, every time someone speculates about what the US state security apparatus does, we get a ferocious denial from the various three later acronyms (TLA).

And then, a few weeks later, some more Snowden docs get released, and we discover that they are lying through their teeth to us.

Both the White House and the Congress have completely failed in their duties to direct and oversee our surveillance industrial complex.

In This Case, it is Appropriate to Use Porcine Metaphors to Refer to Law Enforcement

You know the story, girl sexts boy, boy sexts girl back, and the police and district attorney demand a photo of boys erect penis:

A Manassas City teenager accused of “sexting” a video to his girlfriend is now facing a search warrant in which Manassas City police and Prince William County prosecutors want to take a photo of his erect penis, possibly forcing the teen to become erect by taking him to a hospital and giving him an injection, the teen’s lawyers said. A Prince William County judge allowed the 17-year-old to leave the area without the warrant being served or the pictures being taken — yet.

The teen is facing two felony charges, for possession of child pornography and manufacturing child pornography, which could lead not only to incarceration until he’s 21, but inclusion on the state sex offender data base for, possibly, the rest of his life. David Culver of NBC Washington first reported the story and interviewed the teen’s guardian, his aunt, who was shocked at the lengths Prince William authorities were willing to go to make a sexting case in juvenile court.

………

Foster said the case began when the teen’s 15-year-old girlfriend sent photos of herself to the 17-year-old, who in turn sent her the video in question. The girl has not been charged, and her mother filed a complaint about the boy’s video, Foster said. The male teen was served with petitions from juvenile court in early February, and not arrested, but when the case went to trial in juvenile court in June, Foster said prosecutors forgot to certify that the teen was a juvenile. The case was dismissed, but police immediately obtained new charges and also a search warrant for his home. Police also arrested the teen and took him to juvenile jail, where Foster said they took photos of the teen’s genitals against his will.

The case was set for trial on July 1, where Foster said Assistant Commonwealth’s Attorney Claiborne Richardson told her that her client must either plead guilty or police would obtain another search warrant “for pictures of his erect penis,” for comparison to the evidence from the teen’s cell phone. Foster asked how that would be accomplished and was told that “we just take him down to the hospital, give him a shot and then take the pictures that we need.”

(emphasis mine)

This is beyond contemptible.

This is a profound abuse of prosecutorial discretion.  In fact, I would argue that this is a credible threat of torture, as well as conspiracy to produce child pornography.

This is profoundly and deeply unethical, and the local bar should be apprised of this behavior.

If there were justice in the world, that evil ratf%$# attorney would be flipping burgers for a living.

I Think that the Worm is Turning on IP

Ten years ago, 90% of the population did not know what a patent troll was, and now popular effort sinks the nomination of a patent troll supporter to run the USPTO:

The Obama Administration has changed its mind over a plan to name pharmaceutical executive Phil Johnson as head of the U.S. Patent and Trademark Office, according to multiple sources. The reversal is a victory for the technology industry and other proponents of patent reform.

The plan to appoint Johnson surfaced in late June, and was met with outrage on social media, where critics claimed the choice reflected hypocrisy on the part of President Obama, who had called for fixes to the patent system in his January State of the Union address.

Johnson, a longtime attorney for Johnson & Johnson, was a controversial nominee in part because he helped lead opposition to a bipartisan bill, which died in May, that would have made it easier for companies to challenge bad patents and to seek legal fees from so-called “patent trolls.” He has also publicly scorned previous attempts to reform the patent system.

News of the White House’s decision to backtrack on the appointment came via a person close to the Administration, and was confirmed by several industry sources. The final decision to pull the plug may have occurred after Senator Chuck Schumer (D-NY) vocally declared his opposition to Johnson. Schumer, who was one of the authors of the failed reform bill, has regularly blasted the harm the current patent system is inflicting on start-ups and young companies.

It would have literally inconceivable that someone like Johnson would have been shot down by a bunch of people objecting to the legal fine points of the purpose of IP.

While IP protections have their place, are a form of rent seeking, and for a just and prosperous society, it behooves us to minimize the level of rent seeking to the absolute minimum level to encourage artistic and technological production (Article I, Section 8, Clause 8 of the United States Constitution).

This is baby steps, but if it is the start of a trend, it constitute a seismic shift from the (completely ahistorical, United States industry was built on IP appropriation) view that ever more expansive protections to IP are essential to economic well being.

Now if only we can convince the US Trade Rep to chill out.

This is Like GM Breaking into Ford’s Dearborn Headquarters to Steal the Plans for the Edsel

Chinese cyperspies are targeting US think tanks:

On Tuesday, reports emerged that U.S. Middle East experts at major U.S. think tanks had been hacked by a Chinese cyperespionage group with links to the Chinese government. The hacker group, known as “DEEP PANDA” by security researchers, left few clues as to why specifically it targeted these U.S. targets, but it is likely that the incident could overshadow the looming U.S.-China Strategic and Economic Dialogue. Cyber issues are coming to the fore in U.S.-China relations and the U.S. government is growing increasingly wary of government-sponsored cyberespionage originating from China.

According to the Washington Post’s report on the incident, the “latest breach follows a pattern identified by experts of Chinese cyberspies targeting major Washington institutions, including think tanks and law firms.” Following this breach, we are left to speculate on the motive. Security researcher Dmitri Alperovitch, cited by the Post notes that his firm noticed a “radical” change in DEEP PANDA’s activity on June 18, “the same day witnesses reported that Sunni extremists seized Iraq’s largest oil refinery.” Although Alperovitch did not disclose specifically which experts or think tanks were affected, the motive prima facie appears to be interest in learning what U.S. experts know about the ongoing situation in Iraq. The hackers may have been attempting to gain access to to non-public information that these experts were privy to.

The idea that the Chinese are using finite resources to troll the the ideas of people like Jim DeMint (Heritage) and the Koch brothers (Cato) worries me not one whit.

While you are at it, how about you just get the North Koreans to kidnap all their employees, and take them to Pyongyang.

The Depressing Thing is that this is a Close as a Googler will Ever get to Being as Cool as John Belushi.

You know the story, a man, a femme fatale, injected heroine, and death:

Police have arrested a 26-year-old high-priced call girl from Georgia who is suspected of injecting heroin into a Santa Cruz tech executive on his yacht and then fleeing when he overdosed

Alix Catherine Tichelman and 51-year-old Forrest Timothy Hayes found each other online and had met a few times before their Nov. 26 encounter on Hayes’ 50-foot yacht, Escape, at the Santa Cruz Small Craft Harbor, said Santa Cruz Deputy Police Chief Steve Clark.

Tichelman provided heroin for Hayes, a Google executive, while they were inside the yacht, police said. A surveillance video from the boat shows that Hayes was “suffering medical complications” and lost consciousness, Clark said. She made no effort to help him, and instead gathered her belongings and even gulped a glass of wine before she drew a window blind and left, the video shows.

I am the worst person on the internet today, but the parallels to the death of John Belushi are striking.