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A Failure to Protect Our Rights Print
Monday, 17 March 2014 14:21

Patel writes: "Two seemingly unrelated news items last week demonstrate just how broken the oversight of the nation’s intelligence agencies is."

Senate Intelligence Committee Chair Sen. Dianne Feinstein. (photo: AP/Senate Television)
Senate Intelligence Committee Chair Sen. Dianne Feinstein. (photo: AP/Senate Television)


A Failure to Protect Our Rights

By Faiza Patel, Al Jazeera America

17 March 14

 

How the courts and Congress let intelligence agencies run amok.

wo seemingly unrelated news items last week demonstrate just how broken the oversight of the nation’s intelligence agencies is. On March 11, Diane Feinstein, chairwoman of the Senate Intelligence Committee, denounced Central Intelligence Agency interference with a congressional investigation. That evening, The New York Times disclosed a secret decision of the Foreign Intelligence Surveillance Court that vastly expanded intelligence agencies’ access to Americans’ personal information.

The Senate Intelligence Committee (along with its counterpart in the House) and the Foreign Intelligence Surveillance Act (FISA) court were set up to control the intelligence agencies in the wake of post-Watergate revelations of their overreach. At the time, Congress recognized the need for effective intelligence operations but understood the threat such shadowy activities posed to American democracy and individual liberties. The FISA court and intelligence committees were supposed to be bulwarks against the dangers of secret spying programs.

The effectiveness of these institutions has often been debated, but their shortcomings are now clear. The United States’ response to the 9/11 attacks has pushed them beyond the breaking point, and the interference by the CIA that Feinstein brought up in her speech show how easily legislative checks can be thwarted by intelligence agencies — and how Congress repeatedly gives in.

As shocking as Feinstein’s public attack on the CIA might have seemed, it’s even more troubling to think about all the times the agency interfered with congressional oversight without so much as a public peep from her or her colleagues. Her committee is investigating the CIA’s interrogation and detention programs — also known, in layman’s terms, as torture. But rather than insist that the CIA turn over relevant documents so the Senate could conduct its probe independently, Feinstein agreed that staff would review documents in a computer facility set up by and at the CIA. This unusual arrangement left committee vulnerable to monitoring and undermined its ability to conduct an unimpeded review. To offset this risk, the CIA pledged that it would not look at the computers used by the investigation’s overseers except for technical reasons.

But it became clear that the agency was interfering when documents began disappearing from the database in 2010. The CIA apologized and promised not to remove documents again. Then when Senate staffers got their hands on a truly explosive document, a review ordered by then–CIA chief Leon Panetta that supported the Senate committee’s conclusion of “significant CIA wrongdoing,” the agency moved to protect itself, breaching, once again, the supposedly secure computers and removing documents. Yet again, Feinstein didn’t call out the agency for its illegal actions. She went public only upon learning that the CIA had not just broken into the computers again — this time to search the work and internal communications of its overseers — but also had asked the Justice Department to launch a criminal probe into Senate staff.

Ironically, Feinstein defended the committee’s staff by pointing to a previous CIA action that hampered oversight: the destruction of tapes of interrogations requested by Sen. Jay Rockefeller, D-W.Va., then the chair of the committee. Of course, it was Congress that let the agency get away with this extraordinary destruction of evidence, perhaps leaving the impression that it wasn’t willing to act when its authority was threatened. Notably, more than a year after its investigation was completed, Feinstein’s committee still hasn’t released its report on alleged torture by the CIA in its interrogations.

Raw deal

So much for Congress’ keeping tabs on what the CIA is doing with its vast powers and resources. What about the courts? Regular federal courts rarely review intelligence operations conducted by the CIA or the National Security Agency. But the special FISA court set up to oversee the NSA hasn’t served as much of a check either.

Last year the FISA court was revealed, thanks to leaks from Edward Snowden, to have signed off on a program that collects records of practically all telephone calls made in the United States, as well as one that scoops up e-mail records. According to the latest story, in 2001 the court issued a ruling, known as the Raw Take order, setting aside rules meant to prevent the NSA from sharing irrelevant personal information about innocent Americans.

One could go numb poring through all the acronyms and legalisms of what the court did and why. Perhaps the best way to understand the court’s decision is by way of analogy. The NSA claims that it collects truckloads of information to build a haystack in which to search for needles relating to terrorism but that it looks only at the relevant needles of information. Americans needn’t worry, the NSA claims, because it’s interested only in information about bad guys and not ordinary people. But the FISA court decision allowed the NSA to look at and share with other intelligence agencies not just the needles but the entire haystack of information. Small wonder that intelligence officials consider the ruling a milestone in the history of American spying and privacy law.

Do the right thing

President Barack Obama hasn’t seen fit to chastise the CIA for its actions, and it has been reported that the White House blocked Senate access to some 9,000 documents. He has vigorously defended the NSA, often relying on the supposedly rigorous check that Congress and the FISA court provide. In his first remarks about Snowden, Obama said Americans didn’t need to just trust that he was “doing the right thing ... because we’ve got congressional oversight and judicial oversight.” If people can’t trust the president or Congress or federal judges to uphold the law, Obama said, “we’re going to have some problems here.” Unfortunately, these stories show there are definitely some problems here.

The secret court in which the intelligence agencies are almost always the only advocates doesn’t work to hold the spies in check. The court almost always sides with the government; in the last 33 years, it turned down surveillance requests just 0.03 percent of the time. The congressional intelligence committees seem forever behind the curve and intimidated. Yet the American people are told that these two institutions will protect their rights. It’s pretty obvious they won’t.


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MH370 Story Is the New Anti-Journalism Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=10915"><span class="small">Michael Wolff, Guardian UK</span></a>   
Monday, 17 March 2014 14:19

Wolff writes:" Well, the plane is somewhere. Although there exists the eerie possibility that it will remain as if nowhere – forever lost."

This story has demonstrated not the strength of data – that new religion – but its weakness. (photo: Edgar Su/Reuters)
This story has demonstrated not the strength of data – that new religion – but its weakness. (photo: Edgar Su/Reuters)


MH370 Story Is the New Anti-Journalism

By Michael Wolff, Guardian UK

17 March 14

 

Free conspiracies are for sale, with cautious restraint that propels the absence of truth. But you’re still obsessed, aren’t you?

ell, the plane is somewhere. Although there exists the eerie possibility that it will remain as if nowhere – forever lost.

And that’s just about the best situation that exists for journalism: “missing” stories trump all others for their intensity and stickiness, fueling the imagination of journalists and audiences alike.

Journalism exists to provide information. But what’s really compelling is a lack of information – or what is more particularly being called “an absence of empirical data”.

“It doesn’t mean anything; all it is a theory.” That was the key quote, from an appropriately unnamed “senior American official,” in the New York Times’ front-page story Sunday about the Malaysian government’s sudden conversion to the idea that their plane was snatched. “Find the plane, find the black boxes and then we can figure out what happened. It has to be based on something, and until they have something more to go on it’s all just theories.”

Precisely!

And everyone is entitled to his or her own their own theory it’s more democratization of journalism – including, but not limited to:

a) Terrorism; b) mechanical failure; c) hijacking; d) mad or rogue pilot; e) meteor; d) aliens; e) reality show promotion (in this, the 239 passengers and crew would have been in on it – each paid for their performance).

The Tweetdeck column flutters like a deranged stock ticker, as furious as it did for the Woody Allen imbroglio, that other recent spike of obsessive interest in the unknowable.

In a way, it’s anti-journalism.

I am hardly the only stick-in-the-mud to observe that the impending takeover of Crimea, a precise piece of geopolitical logistics and confrontation with a full menu of international implications – journalistic red meat – has been blown away by a story with no evident meaning, other than the likely bleak fate of most onboard.

It is, of course, an ideal story for the current journalism era because it costs nothing. Nobody has to go anywhere. Nobody has to cover the wreckage and the recovery. Not only is the story pretty much all just theories – but theories are cheap.

There is, too, a gotcha element.

Mainstream journalism has tried to be cautious about its claims. It has tried to deny or at least hold the line against the unproven – even when the unproven is obvious.

“…as investigators have examined the flight manifest and looked into the two Iranian men who were on the plane traveling with stolen passports, they have become convinced that there is no clear connection to terrorism,” said the Times on Friday night, even as it became more clear by the end of the weekend that somebody had disabled the plane’s identifying signal mechanisms and diverted it from its route and had flown it somewhere!

Such cautious – or absurd – restraint actually propels the story. That the mainstream media is trying not to deviate from mainstream sources (the recalcitrant, in-denial, shell-shock Malaysian government, and the in-the-dark US authorities) maintains something illogical, which in turn agitates or inspires the counter-media (the conspiracists), which was once marginal, but which is now mainstream itself. After 10 days and counting, mainstream outlets along with the Malaysian government catch up with the story that everybody else was onto anyway.

The plane’s been taken! Grabbed. Stolen. Commandeered.

It was only yesterday that the Times acknowledged the “increasing likelihood that Flight 370 was purposefully diverted and flown possibly thousands of miles from its planned route”.

Part of the problem in the story is language itself. “Terrorism” is implicitly connected to al-Qaida and suggests clear cause and effect and tends to trigger a spasm of maximum responses. So don’t go there until you are sure about going there. Hijacking suggests precise demands and an evident aircraft. Mechanical failure needs a crash site.

What words are left, then? Just: diverted. And vanished.

This may be the first wholly data-driven story. There are no first-hand facts. There are only secondary data implications. And so far it has demonstrated not the strength of data – that new religion – but its weakness.

“What investigators are left with is an hourly electronic ‘handshake’ or digital communication, between the airplane and a satellite orbiting 22,250 miles above the Indian Ocean,” says the Times with some poetry. “But the handshake is mostly devoid of data, and cannot be used to pinpoint the plane’s last known location. It is the electronic equivalent of catching someone’s eye in the crowd.”

The data, in other words, merely reinforces the existential.

Indeed, the most telling data point may be that the plane so artfully slipped through the data filters leaving so few data points.

But the plane is somewhere – that’s the only certain data point.

It is at the bottom of the ocean, sunk without a trace, or in a jungle or rainforest with remarkable discrete pattern or wreckage. Or, it is on the ground somewhere indeed, may have been on the ground somewhere, re-fueled, and gone somewhere else to land again, whereabouts of 239 passengers and crew unknown. It is a new kind of hijacking in which the plane can’t be stormed or hijackers targeted by sharpshooters because plane and hijackers are invisible. Or, a new kind of terrorism, wherein we wait for the plan to be inserted, undetected, back into the air lanes for what terrible purpose we can only guess.

Just when we start to believe that we know all, that systems track us mercilessly, we find we know nothing, and the plot thickens.


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Judge Rejects Latest Koch-Led Bid to Snuff Out Cape Wind Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=25241"><span class="small">John Upton, Grist</span></a>   
Monday, 17 March 2014 14:08

Upton writes: "Wind won, and Bill Koch took another one in the crotch."

 (photo: Shutterstock.com)
(photo: Shutterstock.com)


Judge Rejects Latest Koch-Led Bid to Snuff Out Cape Wind

By John Upton, Grist

17 March 14

 

ind won, and Bill Koch took another one in the crotch.

A U.S. District Court judge rejected a long-running legal effort by the Koch-funded Alliance for Nantucket Sound and other groups to strip the planned Cape Wind energy farm of its federal approvals, which have taken more than a decade to secure. Bill, a lesser-known Koch brother, has spent millions leading a battle against construction of the 130-turbine offshore wind array, which he says would mar his views of Nantucket Sound.

The alliance had alleged a laundry list of shortcomings in the federal government’s approval process. According to the Natural Resources Defense Council, this was the alliance’s 15th legal challenge to the project, and the 15th to fail.

The judge did however, rule that some illegal shortcuts had been taken by two agencies in granting environmental approvals — wildlife-related problems that he ordered remedied. The Boston Herald reports:

Judge Reggie B. Walton ruled that the U.S. Fish and Wildlife Service and the National Marine Fisheries Service need to revisit Cape Wind’s impacts on migrating birds and endangered right whales in Nantucket Sound due to violations of environmental protection law.

“After more than a decade of delay and more than a dozen lawsuits largely funded by the oil and gas industry, Cape Wind has made it around the latest roadblock, with the judge agreeing the environmental review process has been thorough and transparent,” NRDC attorney Kit Kennedy said. “We’re confident that the remaining limited issues can be addressed swiftly by the federal government.”

Cape Wind President Jim Gordon described Friday’s ruling as an “incredibly important” one that “clears the way for completing” financing efforts — and that “will help pave the way for other coastal regions to utilize” offshore wind power.


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FOCUS | Ten Things Elizabeth Warren's Consumer Protection Agency Has Done for You Print
Monday, 17 March 2014 12:49

Eichelberger writes: "The Consumer Financial Protection Bureau (CFPB), the watchdog agency conceived of and established by Sen. Elizabeth Warren (D-MA) in the wake of the financial crisis, had a hard time getting on its feet."

Sen. Elizabeth Warren listens to testimony. (photo: Getty Images)
Sen. Elizabeth Warren listens to testimony. (photo: Getty Images)


Ten Things Elizabeth Warren's Consumer Protection Agency Has Done for You

By Erika Eichelberger, Mother Jones

17 March 14

 

he Consumer Financial Protection Bureau (CFPB), the watchdog agency conceived of and established by Sen. Elizabeth Warren (D-MA) in the wake of the financial crisis, had a hard time getting on its feet. The GOP tried everything it could to hobble the bureau, but to no avail. Over the past couple of years, the CFPB has issued dozens of protections shielding consumers from shady practices by mortgage lenders, student loan servicers and credit card companies. Here are ten things the CFPB, which was created in 2011, has done to protect the little guy:

1. Mortgage lenders can no longer push you into a high-priced loan: Until recently, lenders were allowed to direct borrowers toward high-interest loans, which are more profitable for lenders, even if they qualified for a lower-cost mortgage — a practice that helped lead to the financial crisis. In early 2013, the CFPB issued a rule that effectively ends this conflict of interest.

2. New homeowners are less likely to be hit by foreclosure: In the lead-up to the financial crisis, lenders also sold Americans “no doc” mortgages that didn’t require borrowers to provide proof of income, assets or employment. Last May, the bureau clamped down on this type of irresponsible lending, forcing mortgage lenders to verify borrowers’ ability to repay.

3. If you are delinquent on your mortgage payments, loan servicers have to try harder to help you avoid foreclosure: During the housing crisis, loan servicers — companies that collect payments from borrowers — were permitted to simultaneously offer a delinquent borrower options to avoid foreclosure while moving to complete that foreclosure. New CFPB rules force servicers to make a good faith effort to keep you out of foreclosure. That’s not all: Loan servicers will now face civil penalties if they don’t provide live customer service, maintain accurate mortgage records and promptly inform borrowers whose loan modification applications are incomplete.

4. Millions of Americans get a low-cost home loan counselor: In January 2013, the CFPB required the vast majority of mortgage lenders to provide applicants with a list of free or low-cost housing counselors who can inform borrowers if they’re being ripped off.

5. Borrowers with high-cost mortgages get an outside eye: Lenders who sell mortgages with high interest rates are now required to have an outside appraiser determine the worth of the house for the borrower. If a borrower is going to be paying sky-high prices for a fixer-upper, at least she’ll know it beforehand.

6. Fly-by-night financial players will be held accountable: Part of the CFPB’s mandate is to oversee debt collectors, payday lenders and other under-regulated financial institutions that profit off low-income Americans. The bureau is preparing new restrictions on debt collectors and considering new regs on payday loan industry. In the meantime, the bureau is cracking down on bad actors individually.

7. Folks scammed by credit card companies get refunds: In October 2012, the CFPB ordered three American Express subsidiaries to pay 250,000 customers $85 million for illegal practices including misleading credit card offerings, age discrimination and excessive late fees. This past September, the CFPB ordered JPMorgan Chase to refund $309 million to more than 2.1 million Americans for charging them for identity theft and fraud monitoring services they didn’t ask for.

8. Student lenders face scrutiny: The CFPB oversees private student loan servicing at big banks to ensure compliance with fair lending laws. In December, the agency announced that it will also start supervising non-bank student loan servicers, which are companies that manage borrowers’ accounts. Many of these servicers have been accused of levying unfair penalty fees and making it hard for borrowers to negotiate an affordable repayment plan.

9. Service members get extra protection: In June, the CFPB ordered US Bank and its non-bank partner Dealers’ Financial Services to refund $6.5 million to service members for failing to disclose fees associated with a military auto loan program. In November, the CFPB ordered the payday lender Cash America to pay up to $14 million for illegally overcharging members of the military.

10. Consumers get a help center: If your bank or lender does anything you think is unfair, the bureau has a division dedicated to fielding consumer complaints. The agency promises to work with companies to try to fix consumers’ problems.


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Israel's War on American Universities Print
Monday, 17 March 2014 08:21

Hedges writes: "The attacks, and the disturbingly similar forms of punishment, appear to be part of a coordinated effort by the Israeli government and the Israel lobby to blacklist all student groups that challenge the official Israeli narrative."

Israeli Prime Minister Benjamin Netanyahu speaks to the AIPAC meeting on March 4 in Washington, D.C. (photo: AP/Carolyn Kaster)
Israeli Prime Minister Benjamin Netanyahu speaks to the AIPAC meeting on March 4 in Washington, D.C. (photo: AP/Carolyn Kaster)


Israel's War on American Universities

By Chris Hedges, TruthDig

17 March 14

 

he banning of Students for Justice in Palestine (SJP) at Northeastern University in Boston on March 7, along with a university threat of disciplinary measures against some of its members, replicates sanctions being imposed against numerous student Palestinian rights groups across the country. The attacks, and the disturbingly similar forms of punishment, appear to be part of a coordinated effort by the Israeli government and the Israel lobby to blacklist all student groups that challenge the official Israeli narrative.

Northeastern banned the SJP chapter after it posted on campus replicas of eviction notices that are routinely put up on Palestinian homes set for Israeli demolition. The university notice of suspension says that if the SJP petitions for reinstatement next year, “No current member of the Students for Justice in Palestine executive board may serve on the inaugural board of the new organization” and that representatives from the organization must attend university-sanctioned “trainings.”

In 2011 in California, 10 students who had disrupted a speech at UC Irvine by Israeli Ambassador Michael Oren were found guilty, put on informal probation and sentenced to perform community service. Oren, an Israeli citizen who has since been hired by CNN as a contributor, has called on Congress to blacklist supporters of the campaign of boycotts, divestment and sanctions (BDS) against Israel and to prosecute those who protest at appearances by Israeli officials. Some activists at Florida Atlantic University were stripped of student leadership positions after they walked out of a talk by an Israeli army officer and were ordered by school administrators to attend re-education seminars designed by the Anti-Defamation League. Columbia Students for Justice in Palestine (CSJP) was abruptly placed on suspension in the spring of 2011 and barred from reserving rooms and hosting events on campus. The university administration, before the ban, had a practice of notifying the campus Hillel in advance of any CSJP event. The suspension was eventually lifted after a protest led by attorneys for the CSJP.

READ MORE: Israel's War on American Universities


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