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RICO!

By Judith Curry | Climate Etc. | September 17, 2015

You have signed the death warrant for science. – Peter Webster

In case you don’t know what RICO is (Wikipedia):

The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. The RICO Act focuses specifically on racketeering, and it allows the leaders of a syndicate to be tried for the crimes which they ordered others to do or assisted them, closing a perceived loophole that allowed a person who instructed someone else to, for example, murder, to be exempt from the trial because he did not actually commit the crime personally.

RICO was enacted by section 901(a) of the Organized Crime Control Act of 1970 While its original use in the 1970s was to prosecute the Mafia as well as others who were actively engaged in organized crime, its later application has been more widespread.

Senator Whitehouse

Senator Whitehouse has proposed to use RICO laws against climate change skeptics and fossil fuel companies, in a WaPo article The fossil fuel industry’s campaign to mislead the American public.  Excerpts:

The Big Tobacco playbook looked something like this: (1) pay scientists to produce studies defending your product; (2) develop an intricate web of PR experts and front groups to spread doubt about the real science; (3) relentlessly attack your opponents.

In the case of fossil fuels, just as with tobacco, the industry joined together in a common enterprise and coordinated strategy.

The tobacco industry was proved to have conducted research that showed the direct opposite of what the industry stated publicly — namely, that tobacco use had serious health effects. Civil discovery would reveal whether and to what extent the fossil fuel industry has crossed this same line. We do know that it has funded research that — to its benefit — directly contradicts the vast majority of peer-reviewed climate science. One scientist who consistently published papers downplaying the role of carbon emissions in climate change, Willie Soon, reportedly received more than half of his funding from oil and electric utility interests: more than $1.2 million.

The Weekly Standard has a hard hitting article: Senator Whitehouse: Use RICO laws to prosecute climate skeptics. Excerpts:

Obviously, there’s a lot of money hanging in the balance with regard to energy policy. But when does coordinating “a wide range of activities, including political lobbying, contributions to political candidates, and a large number of communication and media efforts” go from basic First Amendment expression to racketeering? The tobacco analogy is inappropriate in regards to how direct the link between smoking and cancer is. Even among those who do agree that global warming is a problem, there’s a tremendously wide variety of opinions about the practical effects. Who gets to decide whether someone is “downplaying the role of carbon emissions in climate change” relative to the consensus? If message coordination and lobbying on controversial scientific and political issues can be declared racketeering because the people funding such efforts have a financial interest in a predetermined outcome, we’re just going to have to outlaw everything that goes on in Washington, D.C.

In February, Rep. Raul Grijalva, D-Ariz., attempted a McCarthyite witch hunt against climate scientists he found disagreeable. And Sheldon Whitehouse is sitting U.S. Senator. He’s now publicly encouraging legal persecution of people who conduct scientific research and/or those that have opinions about it he disagrees with. He wrote this opinion in the Washington Post on Friday, and no one much noticed or batted an eye at the consequences of what he’s advocating here. Such calls for draconian restrictions on speech are becoming alarmingly regular. And if more people don’t start speaking out against it, sooner or later we’re actually going to end up in a place where people are being hauled into court for having an opinion that differs from politicians such as Senator Whitehouse.

20 U.S. climate scientists

When I first spotted this, I rolled my eyes – another day, more insane U.S. climate politics. What really motivated this post is the following letter, from 20 U.S. climate scientists. Letter reproduced in full [link]:

Letter to President Obama, Attorney General Lynch, and OSTP Director Holdren

September 1, 2015

Dear President Obama, Attorney General Lynch, and OSTP Director Holdren,

As you know, an overwhelming majority of climate scientists are convinced about the potentially serious adverse effects of human-induced climate change on human health, agriculture, and biodiversity. We applaud your efforts to regulate emissions and the other steps you are taking. Nonetheless, as climate scientists we are exceedingly concerned that America’s response to climate change – indeed, the world’s response to climate change – is insufficient. The risks posed by climate change, including increasing extreme weather events, rising sea levels, and increasing ocean acidity – and potential strategies for addressing them – are detailed in the Third National Climate Assessment (2014), Climate Change Impacts in the United States. The stability of the Earth’s climate over the past ten thousand years contributed to the growth of agriculture and therefore, a thriving human civilization. We are now at high risk of seriously destabilizing the Earth’s climate and irreparably harming people around the world, especially the world’s poorest people.

We appreciate that you are making aggressive and imaginative use of the limited tools available to you in the face of a recalcitrant Congress. One additional tool – recently proposed by Senator Sheldon Whitehouse – is a RICO (Racketeer Influenced and Corrupt Organizations Act) investigation of corporations and other organizations that have knowingly deceived the American people about the risks of climate change, as a means to forestall America’s response to climate change. The actions of these organizations have been extensively documented in peerreviewed academic research (Brulle, 2013) and in recent books including: Doubt is their Product (Michaels, 2008), Climate Cover-Up (Hoggan & Littlemore, 2009), Merchants of Doubt (Oreskes & Conway, 2010), The Climate War (Pooley, 2010), and in The Climate Deception Dossiers (Union of Concerned Scientists, 2015). We strongly endorse Senator Whitehouse’s call for a RICO investigation.

The methods of these organizations are quite similar to those used earlier by the tobacco industry. A RICO investigation (1999 to 2006) played an important role in stopping the tobacco industry from continuing to deceive the American people about the dangers of smoking. If corporations in the fossil fuel industry and their supporters are guilty of the misdeeds that have been documented in books and journal articles, it is imperative that these misdeeds be stopped as soon as possible so that America and the world can get on with the critically important business of finding effective ways to restabilize the Earth’s climate, before even more lasting damage is done.

Sincerely,

Jagadish Shukla, George Mason University, Fairfax, VA
Edward Maibach, George Mason University, Fairfax, VA
Paul Dirmeyer, George Mason University, Fairfax, VA
Barry Klinger, George Mason University, Fairfax, VA
Paul Schopf, George Mason University, Fairfax, VA
David Straus, George Mason University, Fairfax, VA
Edward Sarachik, University of Washington, Seattle, WA
Michael Wallace, University of Washington, Seattle, WA
Alan Robock, Rutgers University, New Brunswick, NJ
Eugenia Kalnay, University of Maryland, College Park, MD
William Lau, University of Maryland, College Park, MD
Kevin Trenberth, National Center for Atmospheric Research, Boulder, CO
T.N. Krishnamurti, Florida State University, Tallahassee, FL
Vasu Misra, Florida State University, Tallahassee, FL
Ben Kirtman, University of Miami, Miami, FL
Robert Dickinson, University of Texas, Austin, TX
Michela Biasutti, Earth Institute, Columbia University, New York, NY
Mark Cane, Columbia University, New York, NY
Lisa Goddard, Earth Institute, Columbia University, New York, NY
Alan Betts, Atmospheric Research, Pittsford, VT

I am familiar with all of these names, and know a few of them fairly well. The list includes several members of the National Academy of Science, and numerous IPCC authors. Apart from Trenberth and Robock, as far as I know, none of these individuals have made previous public/political statements about climate change.  In fact, one of them told me (say a decade ago), that he had worked hard to keep his head below the radar and stay out of all the politics and the fighting.  Another (Mike Wallace) wrote a jacket blurb for Roger Pielke Jr’s latest book The Rightful Place of Science: Disasters and Climate Change (note: Pielke Jr was one of the Grijalvi 7).

My first reaction was that this was some kind of joke, or that some of these individuals didn’t know what they were signing. The document originated from the Institute of Global Environment and Society, of which Jagadish Shukla is President (and first signatory, and presumably the instigator). So it seems that at least the 6 individuals associated with the IGES knew what they were signing.

The quote from Peter Webster at the start of this post was included in an email that he sent to one of the signatories.  The (anonymous) response:

After reading Senator Whitehouse op ed in the Washington Post, I thought the senator should be supported by the scientific community. Similarities with the tobacco industry are compelling. This is just a small step for me to get engaged with social/policy relevant issues.

Forgive them (?)

Well, that letter reflects, at best,  a great deal of naiveté by the signatory. Perhaps some of them had their arm twisted by the instigators/advocates, and were just trying to be collegial.

To paraphrase the other JC:

Forgive them, for they know not what they do.

Dear signatories of this letter:

I will try to clarify here what you have done, and why it is wrong.

First, you have been duped by the Merchants of Doubt book/movie. See my previous blog post Bankruptcy of the ‘merchants of doubt’ meme, which includes reviews by other social scientists.

Second, the consensus on human caused climate change is not as overwhelming as you seem to think. See my recent blog post The conceits of consensus, which includes a detailed analysis of an extensive survey of climate scientists (not to mention extensive critiques of the Cook et al. analysis).

Third, the source of funding is not the only bias in research, and the greatest bias does not necessarily come from industry funding, see these posts:

Fourth, scientists disagree about the causes of climate change for the following reasons:

  • Insufficient observational evidence
  • Disagreement about the value of different classes of evidence (e.g. models)
  • Disagreement about the appropriate logical framework for linking and assessing the evidence
  • Assessments of areas of ambiguity and ignorance
  • Belief polarization as a result of politicization of the science

The biggest disagreement however is about whether warming is ‘dangerous’ (values) and whether we can/should do something about it (politics). Why do you think your opinion, as scientists, matters on values and politics?

Fifth, what you have done with this letter is advocacy.  This is a very dicey role for a scientist to play, fraught with reputational and ethical land mines. Here are several essays on this topic, written from a range of perspectives:

What you have done with your letter is the worst kind of irresponsible advocacy, which is to attempt to silence scientists that disagree with you by invoking RICO.  It is bad enough that politicians such as Whitehouse and Grijalvi are playing this sort of political game with science and scientists, but I regard it as highly unethical for scientists to support defeating scientists with whom you disagree by such methods. Since I was one of the scientists called out in Grijalvi’s witch hunts, I can only infer that I am one of the scientists you are seeking to silence.

Peter Webster did not exaggerate when he wrote:

You have signed the death warrant for science.

September 18, 2015 Posted by | Civil Liberties, Deception, Malthusian Ideology, Phony Scarcity, Nuclear Power, Science and Pseudo-Science | , | Leave a comment

Film Review: Olvidados

By José Raúl Guzmán | NACLA | September 17, 2015

Forgotten / Olvidados is one of the most important Bolivian films to emerge recently, marking a high point of technical achievement for the country’s film industry. The film serves as powerful indictment of the military personnel who were responsible for thousands of deaths and disappearances of political dissidents in Latin America during Operation Condor, estimated at 30,000 forced disappearances, 50,000 deaths, and 400,000 arrests. Beginning in 1975 the political campaign of repression spanned across Argentina, Chile, Bolivia, Brazil, Uruguay, and Paraguay—carried out by the right-wing military dictatorships and backed by the CIA. The ruthless campaign of suppression targeted opposition movements, including students, Marxists, Communists, and political parties that were deemed threats to the authoritarian governments. ­­

Mexican actor, Damián Alcáraz plays General José Mendieta, a callous official tasked with the arrest, torture of dissidents under the guise of Operation Condor. General Mendieta shows some initial reluctance at carrying out the orders from his superiors. In his old age, the atrocities he committed in the past start to weigh on his psyche. The ruling class responsible for spearheading forced disappearances has rarely faced the justice system or been made to answer for their crimes. The perpetrators of such atrocities have grown old and frail, dying of old age, something denied to the many victims they executed.

After General Mendieta suffers a heart attack during a walk around the city, in which he encounters one of his former victims, he begins to craft a letter to his son Pablo (Bernardo Peña), now living in New York. In the letter he admits his involvement in the campaign of terror. In flashbacks we see how he was one of the masterminds of Operation Condor, where students, activists, and political opponents were followed, their meetings infiltrated by military personnel; when the order arrived, soldiers descended, forcibly taking their targets in broad daylight. The journalist Marco (Carlos Cotta) and his wife Luíca (Carla Ortiz) are among those taken by the military.

“Ramon Diaz. Thirty-nine. Monica Paz. Twenty-five. Luis Maldini. Sixty. Horacio Belette. Forty-two, Laura Gonzalez. Forty-three,” a jailed, dissident utters the names and age of those he shared his jail cell with the night before, but were taken away in the dark of the night by military forces. The repetition of their names serves as a mnemonic device to keep the identities alive, should any of the newly arrived prisoners manage to escape alive. While imprisoned the dissidents argue over their ideals that led to their imprisonment asking if their involvement in pursuit of social justice was it worth it.

The strength of the film lies in its painfully accurate portrayal of torture. The most powerful scenes occur in the jail cells, when the dissidents are subjected to torture and in the streets where protesters voice their opposition to the military dictatorship. The torture techniques used by the US officials in the Middle East against perceived terrorist threats were perfected decades earlier—in the CIA backed campaigns against political opponents in Latin America. When torture is still glorified by some political circles, the realistic portrayal of the toll of electrocution, water torture, rape, and isolation, dispels the fantasy that torture can be a useful method to extract information. The film makes evident, that anyone under duress will say what is needed to end the pain.

It is less successful in offering insight into the history of the region, offering but a glimpse of archival footage of US Secretary of State Henry Kissinger and a brief look at the training of soldiers at the infamous School of the Americas by US military personnel.

Forgotten was directed by Mexican Carlos Bolado, whose filmography has focused on social justice themes including Tlateloco: Verano del 68, the documentary about the 1968 student massacre in Mexico City, and Colosio: The Assassination, a film about the murder of Mexico’s presidential candidate Luis Donaldo Colosio.  Filmed over 3 months in Bolivia, Chile and New York, the Chilean desert offers a lush backdrop—a jarring contrast against the brutality of the military repression.

The film was written and produced by actress Carla Ortiz who was born in Cochabamba, Bolivia. The film was years in the making, with Ortiz saying “that we urgently need to recuperate our historical memory, in order to not let history repeat itself” adding “it is important for the Americans to understand what their government keeps doing wrong or keeps on abusing its power for their benefit.” The disappearance of students, activists, and political dissidents, and the continued impunity and lack of prosecutions of the perpetrators of Operation Condor remains an injustice that plagues Latin America.

With the one-year anniversary of the disappearance of forty-three students from the Teachers College in Ayotzinapa, Mexico approaching, Forgotten reminds us that military repression has a long and painful history across the continent, the tactics employed by repressive military forces now, have been perfected through decades of forced disappearances of dissidents.

The film opens in theaters on September 18, in New York and October 2, in Los Angeles followed by a December release on HBO Latino.

September 18, 2015 Posted by | Civil Liberties, Film Review, Subjugation - Torture | , , , , , | Leave a comment

Nearly 2,000 Palestinian children killed since 2000: Rights group

Press TV – September 17, 2015

An independent non-governmental organization (NGO) says nearly 2,000 Palestinian children have lost their lives at the hands of Israeli military forces and illegal settlers over the past 15 years.

B8--sOwIQAEkN6DDefense for Children International-Palestine (DCIP), in a report released on Thursday, criticized the Israeli regime’s policy of land expropriation and consistent development of illegal settlements in the occupied East al-Quds (Jerusalem) and West Bank, warning that such practices are placing Palestinian children and their families against “expanding and often violent Israeli settler communities.”

The Geneva-based NGO further noted that Israel’s ongoing settlement expansion activities are increasingly creating a “hyper-militarized environment” for Palestinian children, where they are highly exposed to disproportionate violence from both Israeli forces and settlers.

The DCIP said Israeli soldiers killed 12 Palestinian children in East al-Quds and West Bank in 2014, and the majority of the fatalities were caused by ammunition.

It highlighted that there is “no evidence that any of the children killed in the West Bank posed a direct threat to Israeli troops or settlers.”

The rights group also revealed that 553 of the Palestinian children killed since 2000 died as a direct result of the Israeli military’s onslaught against the impoverished Gaza Strip in summer 2014, noting that around 68 percent of the victims were under the age of 12.

Israel started its military campaign against the impoverished Gaza Strip in early July 2014. The offensive ended on August 26, 2014. Nearly 2,200 Palestinians, including 577 children, lost their lives in the Israeli war. Over 11,100 others – including 3,374 children, 2,088 women and 410 elderly people – also sustained injuries.

More than half a million Israelis live in over 120 illegal settlements built since Israel’s occupation of the Palestinian territories in 1967.

Palestinians are seeking to create an independent state on the territories of the West Bank, East al-Quds, and the besieged Gaza Strip and are demanding that Israel withdraw from the occupied Palestinian territories.

September 18, 2015 Posted by | Ethnic Cleansing, Racism, Zionism, Subjugation - Torture | , , , , , , | Leave a comment

Solitary Confinement Under Attack

By Marjorie Cohn | teleSUR | September 15, 2015

Confirming Frederick Douglass’s adage, “Power concedes nothing without a demand,” prisoners held in solitary confinement for many years in California have won an unprecedented victory. After three hunger strikes, in which tens of thousands of California inmates participated, and a federal class action lawsuit filed on behalf of prisoners by the Center for Constitutional Rights (CCR), a landmark settlement was reached. It effectively consigns indefinite solitary confinement in California to the dustbins of shameful history.

More than 500 prisoners had been held in isolation in the Security Housing Unit (SHU) at Pelican Bay prison for over 10 years, and 78 of them had been there for more than 20 years. They spend 22½ to 24 hours every day in a cramped, concrete, windowless cell, and are denied telephone calls, physical contact with visitors, and vocational, recreational, and educational programs.

Now California prisoners will no longer be sent to the SHU solely based on allegations of gang affiliation, but rather based on infraction of specific serious rules violations. Prisoners will only be put in solitary confinement if they commit a serious offense such as assault or murder in prison, and only after a due process hearing.

And they will be put into solitary for a definite term – no more indeterminate solitary confinement. An estimated 95 percent of California prisoners in solitary confinement based solely on gang affiliation (about 2,000 people) will be released into the general prison population.

The settlement also limits the amount of time a prisoner can spend in the SHU, and provides a two-year step-down program for transfer from SHU to general population. It is estimated that between 1,500 and 2,000 prisoners will be released from SHU within one year of this settlement.

“California’s agreement to abandon indeterminate SHU confinement based on gang affiliation demonstrates the power of unity and collective action,” the plaintiffs said in a joint statement. “This victory was achieved by efforts of people in prison, their families and loved ones, lawyers, and outside supporters.”

The plaintiffs in Ashker v. Governor of California argued that California’s use of prolonged solitary confinement constitutes cruel and unusual punishment in violation of the Eighth Amendment to the U.S. Constitution, and denies the prisoners the right to due process.

The federal district court judge found that prolonged solitary confinement had deprived the plaintiffs of “normal human contact, environmental and sensory stimulation, mental and physical and health, physical exercise, sleep, nutrition, and meaningful activity” which could constitute cruel and unusual punishment.

Although no U.S. court has yet ruled that solitary confinement violates the Eighth Amendment, Justice Anthony Kennedy indicated in a concurring opinion in June that he would likely entertain such an argument in the future. Commenting on the case of a man who had been isolated for 25 years in California, Kennedy told the U.S. Congress in March that solitary confinement “literally drives men mad.”

Indeed, after visiting Eastern State Penitentiary in Philadelphia in 1842, Charles Dickens noted, “The system here, is rigid, strict and hopeless solitary confinement. I believe it … to be cruel and wrong … I hold this slow and daily tampering with the mysteries of the brain to be immeasurably worse than any torture of the body.” Dickens felt that isolation of prisoners was a thing that “no man had the right to inflict upon his fellow creature.”

Juan Mendez, the U.N. Special Rapporteur on Torture, concluded that solitary confinement for more than 15 days constitutes torture. He wrote that prolonged solitary confinement violates the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, as well as the International Covenant on Civil and Political Rights (ICCPR). The United States has ratified both of these treaties, making them part of U.S. law under the Supremacy Clause of the Constitution.

Ireland refused to extradite a man to the United States to face terrorism-related charges earlier this year. The High Court of Ireland worried that he might be held in indefinite isolation in a Colorado “supermax” prison, which would violate the Irish Constitution.

Between 80,000 and 100,000 people are held in some type of isolation in U.S. prisons on any given day, generally in supermax prisons, in 44 states and the federal system. Yet there is no evidence that solitary confinement makes prisons safer, the Government Accountability Office determined in 2013.

Solitary confinement exacerbates mental illness. In Madrid v. Gomez, a U.S. federal court judge wrote that for those with diagnosed mental illness, “placing them in [solitary confinement] is the mental equivalent of putting an asthmatic in a place with little air to breathe.”

Professor Craig Haney described the deprivation of basic human needs of social interaction and environmental stimulation as a “painfully long form of social death.”

The European Court of Human Rights has determined that “complete sensory isolation coupled with complete social isolation can no doubt destroy the personality,” in violation of the European Convention on Human Rights. Likewise, the Inter American Court of Human Rights has stated that prolonged solitary confinement may violate the American Convention on Human Rights.

Suicide rates in California, New York, and Texas are significantly higher among those held in solitary confinement than in the general prison population. And juveniles are 19 times more likely to take their own lives in isolation than in the general population. Connecticut, Maine, Oklahoma, New York, and West Virginia have banned or put restrictions on solitary confinement of juveniles.

President Barack Obama has asked his Attorney General to “start a review of the overuse of solitary confinement across American prisons.” Obama said, “The social science shows that an environment like that is often more likely to make inmates more alienated, more hostile, potentially more violent.”

The purpose of the penal system is social rehabilitation, according to the ICCPR. In contravention of that mandate, the California legislature has specified that the purpose of sentencing is punishment. Solitary confinement implicitly denies any chance of social rehabilitation. The ICCPR requires that prison guards respect the inherent dignity of every inmate. Prolonged solitary confinement, like other forms of torture, destroys a person’s dignity.

Mendez proposed a worldwide ban on nearly all uses of solitary confinement, which has increased throughout the globe, especially in the context of the “war on terror” and “threats to national security.” He particularly criticized the routine use of isolation in U.S. supermax prisons.

In his concurring opinion, Justice Kennedy quoted Dostoyevsky: “The degree of civilization in a society can be judged by entering its prisons.” So one must wonder why the United States refuses to ratify the U.N. Optional Protocol to the Convention Against Torture, which requires international inspection of prisons.

Marjorie Cohn is a professor at Thomas Jefferson School of Law, former president of the National Lawyers Guild, and deputy secretary general of the International Association of Democratic Lawyers. She is editor and contributor to “The United States and Torture: Interrogation, Incarceration, and Abuse.” See www.marjoriecohn.com.

September 17, 2015 Posted by | Civil Liberties, Subjugation - Torture, Timeless or most popular | , , | Leave a comment

New Hampshire library to implement Tor above DHS objections—and how

PrivacySOS | September 16, 2015

A few weeks ago the Department of Homeland Security tried to intervene in a local library’s privacy program. Last night, the community roundly rejected those calls, explicitly choosing freedom over fear. Library board meetings don’t usually attract crowds, media, or protest. But something highly unusual—and extraordinarily encouraging—happened last night in a small town on the New Hampshire/Vermont border.

The drama unfolded in Lebanon, New Hampshire, where dozens of residents attended a library board meeting and spoke passionately about privacy and freedom before a gaggle of reporters and even some out of town activists. People in the room told me the energy was incredible. Some people cried. At the end of the meeting, the crowd that had gathered to passionately discuss issues at the heart of civic action and democracy erupted in cheers, elated at their collective success and lived commitment to the state motto: Live Free or Die.

The question before the public at the meeting last night was whether or not the Kilton Library in Lebanon should implement a Tor middle relay. Doing so would make the library a part of a global network of internet anonymity nodes offering users some measure of security and safety to people living under the terror of despotic regimes and abusive boyfriends alike. Weeks prior, the cops and the feds had managed to pull the plug on the project, a collaboration among the library, the Tor Project, and the Library Freedom Project.

But despite the Feds’ backroom fear mongering, the people of Lebanon, New Hampshire were not scared—and unlike DHS, which was mysteriously nowhere to be found last night, the people did their lobbying in full public view.

Nearly everyone who attended spoke in favor of the library’s plan to participate in Tor’s global internet freedom network. The only people who voiced opposition were the police chief and the town manager. But in the face of overwhelming community support, to include a local newspaper’s editors, even these few opponents were quick to temper their criticism of Tor, stressing that they would never tell the public it couldn’t do something like this if people want to.

People clearly want to. The room was so festive and pro-privacy that at the end of the meeting, the library board appeared unsure of what to do. It was so obvious that for a moment they just looked around. The people had spoken, and they weren’t scared, despite what DHS had told the local police, and what the local police had told the library. The library director stood up and proclaimed: the Tor node will return! The crowd cheered.

There were many remarkable moments during the public testimony. One woman, a library employee originally from Colombia, said that she wished a technology like Tor had existed in her country during a period of extreme repression in the early 2000s. It could have helped people, she said.

Library board chairman Francis Oscadal got philosophical, saying, “With any freedom there is risk. It came to me that I could vote in favor of the good … or I could vote against the bad. I’d rather vote for the good because there is value to this.” Please mark that quote and return to it; it’ll be endlessly relevant.

The Kilton Library and the community of Lebanon, New Hampshire have put the world on notice: privacy isn’t shameful and we don’t have to apologize for wanting to be free. We’d all do well to take heed, and gain some courage from their collective wisdom. Instead of fearing the bad in the world, and reacting based on those fears, we should vote for the good.

September 17, 2015 Posted by | Civil Liberties, Full Spectrum Dominance | , , , | Leave a comment

Britain Moves From Democracy to Authoritarian State in Pernicious Veil of Secrecy

TruePublica

By Graham Vanbergen | TruePublica | September 16, 2015

One should not forget that “Openness and participation are antidotes to surveillance and control”.

When David Cameron won the 2015 election one of the first things he said was; “For too long, we have been a passively tolerant society, saying to our citizens: as long as you obey the law, we will leave you alone”. This ominous statement immediately threw a dark shroud over Britain’s civil liberties laws, its openness and participation.

Few of the mainstream establishment press thought this was worthy of mention. From ZeroHedge – It’s not just those domestic extremists and crazy “conspiracy theory” kooks who took serious issue with UK Prime Minister David Cameron’s overtly fascist language when it comes to freedom of expression in Great Britain.” The Independent was more sanguine – “This is the creepiest thing David Cameron has ever said.”

New powers being brought in by the Conservatives should be of great concern to everyone. They are expected to be the introduction of banning orders for organisations who use hate speech in public places, but whose activities fall short of proscription and include;

  1. New Extremism Disruption Orders to restrict people who seek to radicalise young people;
  2. Powers to close premises where extremists seek to influence others;
  3. Strengthening the powers of the Charity Commission to root out charities who misappropriate funds towards extremism and terrorism;
  4. Further immigration restrictions on extremists;
  5. A strengthened role for Ofcom to take action against channels which broadcast extremist content.

Simply take out the word ‘extremist’ from those five points and you have the existence of something completely different. Of course you could be forgiven for thinking that the government would not abuse such laws. But they already allow for such abuses to take place on current terror laws, for instance:

  1. The BBC is using laws designed to catch terrorists and organised crime networks to track down people who dodge the £145.50 licence fee.
  2. The Metropolitan Police Service has also come under fire for using the same powers to access the phone logs of journalists on two newspapers to trace their protected sources.
  3. In addition, Big Brother Watch discovered 372 councils had been authorised (by gov’t) to use the terror laws 9,607 times -the equivalent of around eleven spying missions a day to hunt down non-payment of council tax.
  4. Seven public authorities, including the BBC, refused under the Freedom of Information Act to disclose why or how often they had used the powers. The BBC now refuses 48% of such requests.

What is most striking about these events are that publicly funded bodies such as the BBC, the Police and local authorities are refusing to answer perfectly reasonable Freedom of Information Act requests. They are exercising powers they shouldn’t have but were given by a government that the electorate were not consulted on and do not approve of in the first place.

There is proof that local authorities have even used terror laws to surveillance dog fouling, underage sunbed users and people breaking smoking bans.

Now that the Conservative government in Britain has it’s feet under the desk it is preparing to enact new legislation that, under the guise of the “war on terror,” that will vastly expand police-state powers and essentially criminalise speech and other political activity.

Presented officially as an anti-terrorism bill, the proposed measures will be targeted at any popular opposition to the government’s policies of aggressive militarism abroad and austerity measures in Britain, or for that matter anything the government deems worthy of oppressing.

The new bill will include a series of measures targeting groups and individuals deemed by the government to be “extremist.” This term is defined so vaguely as to encompass a wide array of political activity.

The new bill will create extremist “disruption orders” for individuals and “banning orders” for groups. The targets for these new police powers will be those who have conducted “harmful” behaviour.

The “harmful” behaviour covers activities that pose “a risk of public disorder, a risk of harassment, even alarm or just distress or creating a ‘threat to the functioning of democracy’.”

This will be used to criminalise campaigns critical of government policy and protests, which are frequently dispersed by the police on precisely the grounds that they disrupt public order. The language also indicates that the government would have the authority to target those merely planning such activity prior to it taking place – and they would do that through mass surveillance.

UK intelligence agency GCHQ has already been caught acting unlawfully by spying on two international human rights organisations. In addition, last year it was revealed that GCHQ were illegally eavesdropping on sacrosanct lawyer-client conversations in order to both disrupt and make gains on negotiations. GCHQ failed to follow its own secret procedures. “If spying on human rights NGOs isn’t off-limits for GCHQ, then what is?” said Privacy International.

From here we can see we now have a vast illegal state surveillance system that Mussolini would have had wet dreams about. The government is slowly closing down Britain’s very open society and they intend on doing so using one of Britain’s finest philosophers and a well tried theory.

The Panopticon is a type of institutional building designed by the English philosopher and social theorist Jeremy Bentham in the late 18th century. The concept of the design is to allow a single watchman to observe (-opticon) all (pan-) inmates of an institution without the inmates being able to tell whether or not they are being watched. Although it is physically impossible for the single watchman to observe all cells at once, the fact that the inmates cannot know when they are being watched means that all inmates must act as though they are watched at all times, effectively controlling their own behaviour constantly.

The internet has become the architecture of the state managed panopticon.

Speaking to the Guardian weeks after his appointment as the UN special rapporteur on privacy, Joseph Cannataci described British surveillance oversight as being “a joke”, and said the situation is worse than anything George Orwell could have foreseen.

Terror laws we have are already being abused. One is reminded of 82 year old Mr Wolfgang‘s pass being seized and he then detained under the Terrorism Act for interrupting Tony Blair’s speech at the Labour party conference in 2005.

Some of the most egregious cases of misuse include: a council in Dorset putting three children and their parents under surveillance to check they were in the catchment area for the school they had applied to.

Like the prisoners of Jeremy Bentham’s building – there is nowhere to hide in the panopticon.

A report by the House of Lords Constitution Committee, Surveillance: Citizens and the State, had warned in 2009 that increasing use of surveillance by the government and private companies was a serious threat to freedoms and constitutional rights, stating, “The expansion in the use of surveillance represents one of the most significant changes in the life of the nation since the end of the Second World War. The government’s of 2010 and 2015 have taken no notice at all.

‘Tempora‘ was one such government mass surveillance and spying programme among many. It is alleged that GCHQ produces larger amounts of metadata than America’s NSA. By May 2012 300 GCHQ analysts and 250 NSA analysts had been assigned to sort data.

The amount and type of data collected and stored is mind-boggling. Every email, phone call, location data, relationships, family and friends, affairs, work, income, expenditure, social habits, it simply has no end. You would not write down the passwords to your email account, bank or Amazon account, social media platforms and give a stranger the list. But that is exactly what GCHQ and other organisations have got.

‘Optic Nerve‘, another UK state surveillance mission, intercepted and stored the webcam images of millions of internet users not suspected of wrongdoing. They have stored naked pictures of you, your little daughter and pictures you have sent to family and friends in a whole new level of violation of our users’ privacy. This was a biometric exercise of epic scale – collating nearly 2 million citizen images in just a few months.

On May 13th 2013, Edward Snowden made a dash via Hong Kong to Moscow. That June the spying and surveillance revelations came forth. And what came forth was the stunning realisation that our government has been lying to us about the sheer scale of state surveillance conducted on a truly industrial scale.

Not happy with all this illegal state activity over its citizens, new orders that the government are now seeking contain bans on individuals broadcasting their views on television, and anyone subject to an order will be compelled to submit any written publication, including social media posts, to the police before it is printed. In addition, the orders will make it illegal for individuals to attend or address public gatherings or protests.

Banning orders will allow the government to outlaw any organisations it feels is not in their interests. If such a move is taken, anyone found to be a member of such an organisation will be guilty of a criminal offence. Authorities will also be able to shut down premises used by groups.

Human rights group Privacy International branded the new proposal as an “assault on the rights of ordinary British citizens.”

As the Guardian’s home affairs editor wrote in an analysis of the proposal, “the official definition of non-violent extremism is already wide-ranging” and, as Big Brother Watch has pointed out, the national extremism database already includes the names of people who have done little more than organise meetings on environmental issues.”

Last year the government even attempted to hold an entire terrorism trial in secret before abandoning it at the last minute.

Together with a sweeping attack on democratic rights and legal norms, the Conservatives’ anti-terror bills will further advance the government’s right-wing agenda. Cameron’s proposals make clear that the Conservatives are determined to vastly expand the repressive powers of the state.

In little more than five years the state has gone from an open society of democratic principle to one that resembles an authoritarian state. Soon, it will be impossible to have a dinner party with friends without the state knowing about it and wanting to know the purpose of your gathering. Quite the opposite of his ‘big society’.

The British government and its intelligence services are acting under a pernicious veil of secrecy to the detriment of all citizens.

 

September 17, 2015 Posted by | Civil Liberties, Full Spectrum Dominance | , | Leave a comment

Kremlin Slams Kiev for Including Journalists in Sanction List

Sputnik – 17.09.2015

Moscow condemns the inclusion of journalists in Kiev’s new sanctions list and believes the move to be unacceptable and violating freedom of speech, Kremlin spokesman Dmitry Peskov said Thursday.

“The fact that there are many individuals from the media in that list is, of course, absolutely unacceptable and completely against any principles in the freedom of speech, and in this case we strongly condemn this decision, especially in regard to including individuals in the media,” Peskov told journalists.

On Wednesday, Ukrainian President Petro Poroshenko signed a decree sanctioning 90 entities and barring almost 400 people, including several high-ranking individuals and journalists, from entering Ukraine for one year. The Ukrainian president said the sanctions would contribute to his country’s defense amid the conflict in the southeast.

More than 40 journalists and bloggers from countries including the United Kingdom, Germany, Spain, Switzerland, Poland, Israel, Latvia and Russia, were targeted by the restrictions.

Later that day, the Committee to Protect Journalists (CPJ) slammed the decree, saying it blocked vital news and information about the crisis in the country.

Amid violence in Ukraine’s southeast, the freedom of media, particularly Russian media, has been repeatedly violated in the country. According to the Organization for Security and Co-operation in Europe (OSCE), a number of international journalists working in Ukraine have been kidnapped, tortured and killed since the start of the conflict.

This is not the first restriction of Russian media in Ukraine. In February, Kiev stripped 115 Russian news outlets of accreditation in governmental institutions.

September 17, 2015 Posted by | Deception, Full Spectrum Dominance | , , | Leave a comment

Are Neocons an Existential Threat?

By Robert Parry | Consortium News | September 15, 2015

The neoconservatives arguably have damaged American national interests more than any group in modern history. They have done more harm than the marginal Communists pursued by Sen. Joe McCarthy in the 1950s, more than the Yippies of the 1960s, more than Richard Nixon’s Watergate burglars in the 1970s or the Iran-Contra conspirators in the 1980s.

The neocons have plunged the U.S. government into extraordinarily ill-considered wars wasting trillions of dollars, killing hundreds of thousands if not millions of people, and destabilizing large swaths of the planet including the Middle East, much of Africa and now Europe. Those costs include a swelling hatred against America and a deformed U.S. foreign policy elite that is no longer capable of formulating coherent strategies.

Yet, the neocons have remained immune from the consequences of their catastrophes. They still dominate Washington’s major think tanks as well as the op-ed pages of virtually all the leading newspapers, including The Washington Post, Wall Street Journal and New York Times. They hold down key positions in the State Department, and their “liberal interventionist” pals have the ear of President Barack Obama.

Clearly, the neocons are skilled operatives, knowing how to arrange a steady stream of funding for themselves, from military contractors donating to think tanks, from U.S. taxpayers footing the bill for organizations like the National Endowment for Democracy, and from ideological billionaires set on aligning U.S. foreign policy with hard-line Israeli desires.

The neocons are adept at writing op-ed articles that twist any set of facts into support for their ideological cause; they supply just the right quote that fits into the news cycle’s latest narrative; and they host policy conferences that attract powerful politicians and fawning media coverage.

But are the neocons a force that can coexist with the American Republic? Have they become an existential threat not only to the constitutional structure crafted in 1787 but to continued life on the planet? Are they locked on a course of action that could lead to a nuclear holocaust?

Clearly, the neocons’ commitment to Israeli interests violates a key principle established by the nation’s early presidents who all warned against “foreign entangling alliances” as a fundamental threat to a citizens’ republic that would transform America into a warrior state that would inevitably sap the nation’s liberties.

That loss of liberty has surely happened. Not only is there now bipartisan support for a surveillance state that can spy on the personal lives of American citizens, but the U.S. government has wedded itself to the concept of “strategic communications,” a catch-phrase that merges psychological operations, propaganda and P.R. into a seamless approach toward managing public perceptions at home and abroad.

When information is systematically pushed through a filter designed to ensure consent, the core democratic concept of an informed electorate has been turned on its head: The people no longer oversee the government; the government manipulates the people.

Neocon Tactics

All this has been part of the neocon approach dating back to the 1980s when key operatives, such as Robert Kagan and Elliott Abrams, were part of inter-agency task forces designed to whip the American people into line behind the government’s aggressive war policies. Guided by seasoned CIA propagandists, such as Walter Raymond Jr., the neocons learned their lessons well.

But the neocons are no longer just threatening the existence of the Republic; they are now endangering the continuation of life itself. They have decided to launch a new Cold War against Russia that will push the world toward the brink of thermo-nuclear war.

Of course, the neocons will frame their doomsday strategy as all Vladimir Putin’s fault. They will insist that they are just standing up to “Russian aggression” and that anyone who doesn’t join them is a “stooge of Moscow” or “weak.” They will dictate the shape of the debate just as they have in countless other situations, such as guiding Americans to war in Iraq over non-existent WMD stockpiles.

The neocon pundits will write seemingly authoritative op-eds about devious Kremlin strategies which will glue black hats on the Russians and white hats on whomever is on the other side, whether the neo-Nazis in Ukraine or the Islamic State/Al Qaeda terrorists in Syria. Americans will be whipped up into a frenzy that will demand a direct clash with the “Russ-kies” or “regime change” in Moscow.

There will be little or no concern about the risks. With the neocons, there never is. The assumption is that if “Amur-ika” is tough, the other side will back down. Then, with U.S.-led economic sanctions from the outside and U.S.-funded NGOs stirring up trouble from the inside, “regime change” becomes the cure-all.

Everyone who’s important in Official Washington – everyone on the talk shows and op-ed pages – knows that these disruptive situations always play out just the way they’re diagramed inside the top think tanks. A hand-picked “democratic reformer” who’s traveled the think-tank circuit and gotten the seal of approval – the likes of Iraq’s Ahmed Chalabi – will easily be installed and then the target country will do whatever the neocons dictate. After all, that approach worked so well in Iraq. The neocons always know best.

Raising the Stakes

Yet, with Russia, the stakes are even higher than with Iraq. Yes, it’s easy to find fault with Vladimir Putin. I myself have a personal rule that men over 40 should keep their shirts on when out in public (unless maybe they’re actors in a Bond film or going for a swim at the beach).

But Putin at least is a rational player in global affairs. Indeed, he has tried to cooperate with President Obama on a variety of key issues, including convincing Syria to surrender its chemical weapons and getting Iran to make concessions in the nuclear deal – two contributions to world peace that infuriated the neocons who favored bomb-bomb-bombing both Syria and Iran.

At a dinner party in Europe this summer, I was asked by a well-informed British woman what should be done with Putin. My answer was that Putin doesn’t frighten me; it’s the guy who comes after Putin who frightens me – because despite the neocons’ confidence that their “regime change” plans for Moscow will install a malleable moderate, the more likely result would be a much harder-line Russian nationalist than Putin.

The idea of the nuclear codes being handed to someone determined to defend the honor of Mother Russia is what scares me. Then, the clumsily aggressive neocons in Washington would have their reckless counterpart in Moscow, with neither side having the wisdom of a John F. Kennedy or a Nikita Khrushchev as displayed during the Cuban Missile Crisis in 1962.

Would American neocons or a Russian super-nationalist have the wisdom and courage to back down, to compromise, to make the concessions necessary to avoid plunging over the edge? Or would they assume that the other guy would blink first and that they would “win” the showdown?

I recall what William R. Polk, one of Kennedy’s mid-level aides during the Cuban Missile Crisis, wrote recently about what happens to the human mind under such stress.

“Since human beings make the decisions, we must be aware of decision makers’ vulnerabilities,” Polk wrote. “During the Cuban Missile Crisis, I was one of about 25 civilians fully engaged in the events. I was not at the center but in the second or third ‘echelon.’ So I did not feel the full strain, but by the Thursday of the Crisis, I was thoroughly exhausted. My judgment must have been impaired even though I was not aware of it.

“I do remember, however, a terrible episode – fortunately lasting only a few minutes – at which I thought to myself, ‘let’s just get it over with.’ When later I met with my Soviet counterparts, I got the impression, although they denied it, that my feelings were not unique. How the strain impacted on the inner group I can only guess.”

If someone as stable and serious as Bill Polk had such thoughts – “let’s just get it over with” – what might happen when American neocons or hyped-up Russian nationalists are inserted into the decision process? That is an existential question that I don’t want to even contemplate.

Endless Putin-Bashing

And, if you doubt that the neocons will engage in over-the-top Cold War-style Putin bashing, you should read the op-ed by The Washington Post’s neocon deputy editorial page editor Jackson Diehl on Monday, entitled “Putin shifts fronts: With a move into Syria, he continues his in-your-face maneuvers.”

Diehl delves into Putin’s psyche – a process that is so much easier than doing real reporting – and concludes that Putin’s decision to join the fight in Syria against the Islamic State and Al Qaeda is just another attempt to stick his finger in the eye of the righteous but clueless United States.

Diehl, of course, starts off with the neocon-approved narrative of the Ukraine crisis, ignoring the key role of neocon Assistant Secretary of State Victoria Nuland (Robert Kagan’s wife) in midwifing the Feb. 22, 2014 coup that overthrew democratically elected President Viktor Yanukovych and installed an intensely anti-Russian regime on Russia’s border. Nuland even handpicked the new Prime Minister Arseniy Yatsenyuk, telling U.S. Ambassador Geoffrey Pyatt in a phone call several weeks before the coup that “Yats is the guy.”

The coup-makers then dispatched neo-Nazi militias (and Islamist militants) to wage a bloody “anti-terrorism operation” against ethnic Russian Ukrainians who resisted the “regime change.” [See Consortiumnews.com’s “Ukraine Merges Nazis and Islamists.”]

But all that complexity is neatly boiled down by American neocons and the mainstream U.S. media as “Russian aggression.” Regarding the Syrian civil war, some neocons have even joined with senior Israeli officials in claiming that a victory by Al Qaeda is preferable to the continuation of Assad’s secular regime. [See Consortiumnews.com’s “Syria’s Nightmarish Narrative.”]

Yet, however the story goes, the biggest bad guy is Putin, always with sinister motives and evil intent. So, in explaining the situation in Ukraine and Syria, Diehl writes:

“Throughout the summer, Russia’s forces in eastern Ukraine kept up a daily drumbeat of attacks on the Ukrainian army, inflicting significant casualties while avoiding a response by Western governments. On Sept. 1, following a new cease-fire, the guns suddenly fell silent. Optimists speculated that Vladi­mir Putin was backing down.

“Then came the reports from Syria: Russian warplanes were overflying the rebel-held province of Idlib. Barracks were under construction at a new base. Ships were unloading new armored vehicles. Putin, it turns out, wasn’t retreating, but shifting fronts — and executing another of the in-your-face maneuvers that have repeatedly caught the Obama administration flat-footed.”

The rest of the op-ed is similarly didactic and one-sided: Putin is the villain and Obama is the rube. In Diehl’s world, only he and other neocons have what it takes to take on Putin and put Russia down.

Any alternative explanation for Russia’s action in Syria is brushed aside, such as Putin deciding that a victory by either Al Qaeda’s Nusra Front – as favored by Israel – or the even more bloodthirsty Islamic State is unacceptable and thus Assad’s regime must be stabilized to avert a major geopolitical catastrophe.

Typically, the neocons breeze past the frightening logic of what the collapse of Assad’s military would mean for the Middle East, Europe and the world. After all, once Israeli leaders decided to throw in their lot with Al Qaeda in Syria, the die was cast as far as the neocons were concerned.

But the notion that the neocons can micromanage the outcome in Syria, with “moderate” Al Qaeda taking Damascus rather than the more “radical” Islamic State, reflects the arrogant know-nothing-ism of these U.S. opinion leaders. More likely, Al Qaeda’s Nusra Front would coordinate with their former allies in the Islamic State and share in the Sunni revenge against Syria’s Christian, Alawite, Shiite and other minorities.

So, while the Islamic State would busy itself chopping off heads of “heretics,” Al Qaeda could use its new headquarters in Damascus to plot the next round of terror attacks against the West. And, as destabilizing as the current refugee flow into Europe has been, it would multiply astronomically as the survivors of the Islamic State/Al Qaeda bloodletting flee Syria.

With Europe in chaos and the neocons still insisting that the real enemy is Russia, the possible consequences would be frightening to contemplate. Yet, this is the course that the neocons have set for the world – and nearly all the Republican candidates for president have signed on for the journey along with Democratic frontrunner Hillary Clinton.

In 2014, arch-neocon Robert Kagan, whom Secretary of State Clinton selected as one of her advisers while also promoting his wife, Victoria Nuland, told The New York Times that he could embrace a Clinton presidency: “If she pursues a policy which we think she will pursue … it’s something that might have been called neocon, but clearly her supporters are not going to call it that; they are going to call it something else.” [For more, see Consortiumnews.com’s “Is Hillary Clinton a Neocon-Lite?” and “Obama’s True Foreign Policy ‘Weakness.’“]

So far, virtually no one in the 2016 presidential race or in the mainstream U.S. news media is seriously addressing the reality of the neocons’ “regime change” chaos spreading across the Middle East and the prospect of a destabilized Europe. What limited discussion there is on the campaign trail mostly echoes Jackson Diehl’s Putin-bashing.

No one dares confront the existential question of whether the United States and the world can continue to tolerate and accommodate the neoconservatives.

~

Investigative reporter Robert Parry broke many of the Iran-Contra stories for The Associated Press and Newsweek in the 1980s. You can buy his latest book, America’s Stolen Narrative, either in print here or as an e-book (from Amazon and barnesandnoble.com).

September 16, 2015 Posted by | Civil Liberties, Deception, Full Spectrum Dominance, Militarism | , , , , , , , , , , | Leave a comment

Takedown Senders Must Consider Fair Use, Ninth Circuit Rules

By Parker Higgins and Daniel Nazer | EFF | September 15, 2015

A federal appeals court sided with EFF yesterday on several of the major questions at issue in the long-running Lenz v. Universal copyright case. Lenz – sometimes referred to as the “Dancing Baby” case because it centers on a 29-second home video of a toddler dancing with a song by the musician Prince in the background – has long been recognized as a test of the rights enjoyed by users, and the obligations facing people who want to take down online speech.

The big takeaway of yesterday’s opinion is, yes, that copyright holders must consider fair use before sending a takedown notice. But just as important is the basis of that conclusion: again today we have a federal court making it clear that fair use is not just a carve-out of the copyright system but a right on the same level of those described in the rest of the statute.

For example, the court states explicitly that “Fair use is not just excused by the law, it is wholly authorized by the law.” However well attested that principle is in the statute and in case law, it is still sometimes considered controversial. Hopefully this decision puts that debate to rest: whether the copyright holder grants permission or not, a fair use is an authorized use.

The court goes on to specify an important consequence of that fact: since fair use is authorized by the law, people enjoying their right to fair use are not infringing copyright. That’s important because Universal had argued that fair use has to be considered an “affirmative defense” of otherwise unlawful conduct. The panel of judges dismantled that idea:

Universal’s interpretation is incorrect as it conflates two different concepts: an affirmative defense that is labeled as such due to the procedural posture of the case, and an affirmative defense that excuses impermissible conduct. Supreme Court precedent squarely supports the conclusion that fair use does not fall into the latter camp: “[A]nyone who . . . makes a fair use of the work is not an infringer of the copyright with respect to such use.” Sony Corp. of Am. v. Universal City Studios, Inc., 464 U.S. 417, 433 (1984).

Given that 17 U.S.C. § 107 expressly authorizes fair use, labeling it as an affirmative defense that excuses conduct is a misnomer[.]

One reason this affirmation of fair use is so crucial is that it comes at a time when fair users should be enjoying new opportunities from unprecedented media tools and distribution options, but instead face similarly groundbreaking challenges and pushback from copyright holders. An interview with the video remix artist Elisa Kriesinger published just yesterday brings some of those points into focus: “Every few weeks, you are constantly having to defend your work … You thought you were clear two weeks ago, and now you’ve got to defend it again because someone else is saying that they own a portion of your work.”

In that interview, Kriesinger refers also to problems caused of algorithmic copyright enforcement, like YouTube’s Content ID system. The court addressed these systems in its opinion (as dicta, which means it’s expressly non-binding). Specifically, it cites a brief from the Organization for Transformative Works and Public Knowledge, which in turn refer to a joint statement of Fair Use Principles for User Generated Video Content that EFF first endorsed in 2007.

Some quick background on those principles: they were written as a response to a set of guidelines that did not consider fair use, put forward by a consortium of studios. It’s a testament to how far the national conversation around fair use has evolved, that a court should cite to a set of principles for protecting that essential right—and that, in a statement released after yesterday’s decision, MPAA should commend it.

For fair users, yesterday’s decision has another heartening element—the court has appropriately defined the damages available to targets of takedown abuse as broader than “actual monetary loss.” In practical terms, many people who are using their fair use rights online can’t easily demonstrate precise monetary costs of an improper takedown, but it can take a toll in terms of time and energy getting it restored and holding the senders accountable. It’s good to see a court recognize that idea. Accepting that a broad range of harm can and should make it easier for service providers and the public to hold accountable those that would abuse the DMCA.

Yesterday’s decision is not all good news, unfortunately. Applying an older Ninth Circuit decision called Rossi v MPAA, the court suggested that, although copyright owners must consider fair use, they only need to form a subjective good faith belief that the work is not authorized by law, even if this belief is objectively unreasonable on either the law or facts at issue. Those that would use the law to silence online speech should, at the very least, be required to act reasonably. Otherwise the law perversely rewards those who fail to properly educate themselves about fair use before sending a takedown.

It took eight years of litigation to get to this point. That’s right: it took eight years to establish that record labels like Universal must consider whether your speech is legal before they try to get it taken off the Internet. We are glad to finally have this result and we hope that this ruling will lead to less takedown abuse in the future.

September 15, 2015 Posted by | Civil Liberties, Video | , | Leave a comment

Al Aqsa Under Attack: The NY Times Blames Its Youthful Defenders

By Barbara Erickson | TimesWarp | September 14, 2015

Tensions are running high at Jerusalem’s Al Aqsa Mosque, and The New York Times can tell us where to place the blame: It’s not the fault of extremists who plan to destroy the landmark, according to the Times, nor is it recent Israeli moves to restrict Muslim access to the site; it is the fault of hot-headed Palestinian youth.

In a story today and in a similar article last July Isabel Kershner points directly to these young people as the source of trouble in clashes with police. This is how the police have framed the issue, and Kershner gives prominence to their claims.

The Times story contrasts with reports from international media and Palestinian sources. From these accounts we learn that the youths were volunteer guards helping defend the holy site against Israeli incursions and that police stormed the mosque while Muslims were inside, beating and injuring worshippers and damaging prayer rugs and other articles. We also learn that these actions prompted even Arab nations on good terms with Israel to speak out in protest.

Kershner quotes Palestinian Liberation Organization secretary Saeb Erekat and a Hamas spokesman who condemn the Israel invasion of the mosque, but she fails to tell readers that both Jordan and Egypt, two nations friendly to Israel, also protested, along with the Arab League and the United Nations representative for peace talks.

The Al Aqsa Mosque has stood at its site in Jerusalem for a thousand years and is revered by Muslims everywhere, but Jews also consider the area as holy ground, where the Second Temple once stood. Extremists openly call for the destruction of both Al Aqsa and the even more ancient Dome of the Rock, which dominates the Jerusalem skyline. They plan to raze the edifices and replace them with a Third Temple.

The Times story fails to acknowledge these real threats that cause anguish among the followers of Islam. It has also neglected to report on Israel’s numerous efforts to restrict Muslim prayer at the mosque and the increasing presence of Jewish worshippers, who are protected by troops when they visit the compound.

Muslims know that another holy site, the Ibrahimi Mosque in Hebron, has been divided between a Muslim and a Jewish section, and that Israeli officials often choose to ban Muslims from entering altogether. This month, worshippers have been excluded from the Hebron mosque for six entire days.

Kershner reports that Muslims charge Israel with plans to divide the Al Aqsa compound, but she says that this is “an assertion vehemently denied by Israel.” Missing from her article is the history of Hebron and the restrictions Israeli authorities frequently impose on Muslim worshippers in both sites.

In recent weeks, for instance, Israel has prevented women from entering the Al Aqsa area, retained the identify cards of worshippers, allowed Jewish extremists to enter the mosque compound for “tours,” restricted the entry of students attending schools in the Al Aqsa compound and confiscated land in an Islamic cemetery next to the mosque.

After the latest incursion, the director of the mosque compound, Sheikh Omar al-Kiswani, said that Israel occupation authorities “have imposed their sovereignty over [the mosque compound] by power of force.” Israel controls who enters and exists, he said, and officials use force against anyone who challenges them.

This is a cry of alarm from a site revered by millions of Muslims throughout the world, but it found no mention in the Times. Instead, we receive the Israeli spin on this tragic saga as the newspaper glosses over the expansionist aims of a Zionist state.

September 15, 2015 Posted by | Ethnic Cleansing, Racism, Zionism, Mainstream Media, Warmongering | , , , , , , | Leave a comment

‘Israel’s goal – expulsion of Palestinians and non-Jews’

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RT | September 14, 2015

Israel is moving gradually to try to displace and expel Palestinians and every trace of Palestinians from wherever it can, says Paul Larudee from the Free Palestine movement.

Israeli forces have conducted a raid on the Al-Aqsa Mosque in Jerusalem. Police say they were acting to restore order – after rioters attacked them with rocks and fireworks. The raid sparked widespread anger among Palestinians with rallies held in East Jerusalem and in Gaza.

RT: The Israeli authorities claim they were responding to an attack. Does it look like they used disproportionate force?

Paul Larudee: All forces [are] disproportionate; there should be no force at all in the area occupied by the Al-Aqsa Mosque. These forces don’t belong there. If they are not there they will not have stones thrown at them and they won’t have to react. The best way not to react and to not have this problem is not to be there.

RT: The Al-Aqsa Mosque and Temple Mount on which it stands – is a sacred site for both Muslims and Jews. Do you think it is legitimate to ban some Muslim groups from entering the compound as happened last week?

PL: No, clearly Israel is practicing encroachment, it’s trying to keep Muslims away and it’s trying to keep Palestinians away. It’s very difficult for anyone living in the West Bank and almost impossible for anyone in Gaza to go to the Al-Aqsa Mosque. Israel is doing this in preparation for the disappearance of the Al-Aqsa Mosque as it has supported the settlers who are anxious to build a new temple there and other things. There are a lot of non-religious Israelis who would like to see it gone even though they don’t want another temple there. But this is the way that Israel operates. It’s like a tree with its roots spreading out. The roots are perfectly capable of destroying very big objects in their way like sidewalks and streets and even the foundations of homes, but they move very gradually. That’s what Israel is doing – it’s moving very gradually to try to displace and expel Palestinians and every trace of Palestinians from wherever it can.

RT: Do you think this raid is somehow connected with the Jewish New Year which started on Sunday evening?

PL: That’s anybody’s guess if they feel that it will help their case and cause some of the more right-wing and fanatic settlers to push them even farther. They all have the same goal – which is the expulsion of the Palestinians and non-Jews in the area.

RT: There have been rallies in Jerusalem and Gaza against this raid. Do you think Sunday’s incident can provoke any further violence?

PL: Israel loves violence. They would like Palestinians to attempt as much violence as possible, because that gives them the opportunity to expel some more, to be punitive and so forth. This is how they make their greatest inroads into Palestinian territory and the confiscation of Palestinian land and the immiseration of the Palestinian population.

September 15, 2015 Posted by | Ethnic Cleansing, Racism, Zionism | , , , | Leave a comment

Fears that Saudi Arabia is set to ‘crucify’ juvenile prisoner

Reprieve – September 15, 2015

Saudi Arabia has dismissed the final appeal of a prisoner sentenced to death as a child, leading to fears his execution could take place in a matter of days.

Ali Mohammed al-Nimr was arrested when he was 17 and initially held at a juvenile offenders facility. There is evidence that he was tortured and forced to sign a document amounting to a confession, which then formed the basis of the case against him.

Last week, his family found out that his final appeal had been heard in secret, without Ali’s knowledge, and dismissed. This means that there are now no remaining legal hurdles before he faces his sentence of ‘death by crucifixion,’ originally handed down on 27 May 2014.

Ali was arrested on 14 February 2012 in the wake of anti-Government protests, and has been accused by the authorities of participation in an illegal demonstration and firearms offences – no evidence has been produced for the latter charge, which he and his family strongly deny. The opaque nature of the Specialised Criminal Court (SCC) through which Ali was convicted makes it hard to determine the detail of the charges against him.

The Government appears to have rested its case against him in large part on his relation to Sheikh Nimr al-Nimr, a prominent religious leader in the Kingdom and human rights activist.

The Saudi Government has been widely criticised for its heavy-handed response against protesters and human rights activists since Arab Spring demonstrations began – including a death sentence for Sheikh Nimr. Ali is one of a number of people – thought to possibly include other juveniles – who has been sentenced to death following involvement in those protests. In January 2015, prominent Saudi blogger Raif Al-Badawi received the first of 1,000 lashes as part of his sentence for his statements critical of the Saudi regime in 2012.

The Saudi Government has carried out executions at a high rate since the coming to power of King Salman in January 2015, surpassing 100 for the year so far.

Commenting, Maya Foa, Director of the death penalty team at legal charity Reprieve said: “No one should have to go through the ordeal Ali has suffered – torture, forced ‘confession,’ and an unfair, secret trial process, resulting in a sentence of death by ‘crucifixion.’ But worse still, Ali was a vulnerable child when he was arrested and this ordeal began. His execution – based apparently on the authorities’ dislike for his uncle, and his involvement in anti-government protests – would violate international law and the most basic standards of decency. It must be stopped.”

September 15, 2015 Posted by | Civil Liberties, Subjugation - Torture | , | Leave a comment