Privacy Issues – The Wrongologist

Monday Wake Up Call, Abortion Editon – July 18, 2022

The Daily Escape:

Barn with cotton candy clouds, Allegre, KY – July 2022 photo by Fuller Perspective Photography

The Supreme Court’s overturning of Roe has opened a Pandora’s Box of ethical and legal issues. The infamous story about the pregnant 10 year-old Ohio rape victim who was forced to travel to Indiana to receive an abortion is the best example. It was reported in the Indianapolis Star on July 1.

After the Dobbs decision, Ohio Governor Mike DeWine (R) had issued an executive order putting in force a 2019 law that had banned nearly all abortions after six weeks of pregnancy. The 10-year-old was reportedly six weeks and three days pregnant.

Then we saw a Right-wing smear campaign:

A WSJ editorial called the Indianapolis Star’s report a “fanciful tale“, and claimed that there is “no evidence the girl exists.”
Tucker Carlson said that the story of the 10-year-old girl who had to travel to Indiana to get an abortion was “not true.”
Ohio Attorney General Dave Yost said in an interview with USA Today, that the story was likely a “fabrication.”
The New York Post, which, like Fox News and the WSJ, is owned by Rupert Murdoch, published an opinion piece by law professor Jonathan Turley under the headline “Activist tale of 10-year-old rape victim’s abortion looks like a lie.”

All of those shouts and murmurs soon disappeared when a 27-year-old man from Columbus, Ohio, Gershon Fuentes, was arrested and charged with impregnating the 10-year-old Ohio girl. Apparently, Fuentes “confessed to raping the child on at least two occasions.”

Subsequently, the WSJ recanted and published a different editorial correcting the record. Why would they accuse the Star of fabricating a story? From Judd Legum: (emphasis by Wrongo)

“There is a reason why so many people, particularly on the right, were eager to push the idea that Bernard’s story was a lie. If they acknowledged the story was true they would have to answer this question: Do you believe that a 10-year-old rape victim should be forced to give birth?”

By the way, Covid appears to have increased early-onset puberty around the world. Getting your period “early” now means when you’re younger than 8. People who think a pregnant 10-year-old strains credulity should bear this in mind.

The Nieman Lab, a Harvard-based group focused on journalism on the Internet, took the WaPo’s Glenn Kessler, author of their “Fact Checker” column to task for not checking his facts about the Star’s reporting. One of Kessler’s so-called “facts” was: (brackets by Wrongo)

“An abortion by a 10-year-old is pretty rare,” Kessler notes…..[but] The Columbus Dispatch reported that in 2020, 52 people under the age of 15 received an abortion in Ohio.”

Your mileage may vary, but if one under-15-year-old gets an abortion every week in Ohio, it can’t be thought of as “pretty rare”. The press needs to wise up and get the data before diving headfirst to a conclusion.

There are other ways the Dobbs decision will impact lives. Unsure doctors in Texas are already turning away ectopic pregnancies, fearing legal liability. According to The Lily (a WaPo newsletter):

“…a South Texas woman diagnosed with an ectopic pregnancy was refused an abortion by her doctor…..she was advised to seek help out of state.”

Under the unclear Texas law, a doctor who removes an ectopic pregnancy that is not actively causing the patient to bleed to death may face legal consequences.

It doesn’t end there. The laws surrounding in vitro fertilization (IVF) could also be facing threats of lawsuits even though these women aren’t seeking abortions. Slate reports:

“Fertilizing eggs in a Petri dish often results in extra embryos, which are usually frozen….Leftover embryos are frequently discarded or donated to research….In some abortion-restrictive states, this may no longer be possible. Louisiana defines “a viable in vitro fertilized human ovum” as a “juridical person which shall not be intentionally destroyed,” and at least five states have introduced bills establishing fetal personhood.”

States probably won’t ban IVF outright, but as some countries have done, they may limit the number of embryos that can be created in an effort to prevent embryo destruction. All of this would make IVF far more difficult and expensive than it is, and it could possibly reduce the number of IVF clinics in those states.

This is the tip of the iceberg of the issues women will have post-Dobbs. Technology will always be ahead of our laws and ethics. Just as will some men’s (and religions’) need to control women.

Time to wake up America! Elect a filibuster-proof Senate this fall. To help you wake up listen to Willie Nile, perform his ode to Covid, “The Day the Earth Stood Still”:

Sample lyric (that could be about the end of Roe instead of Covid)

So if you feel some heartache
And if you feel some pain
And if you see some lonely soul
Standing in the pouring rain
Offer up some kindness
Compassion if you will
And remember well the way it was
The day the earth stood still

Thoughts on Alito’s Draft Opinion

Daily Escape:

Chama River, near Abiquiu, NM – 2022 photo by James C. Wilson

Wrongo’s last column spoke about how the Republican Party had become the Party of White Christian Nationalists. And that was before the draft opinion overturning Roe v. Wade was leaked to the world. It seems that this likely decision is a key example of how radical Christians are assuming a political role in America that isn’t dissimilar to the Taliban’s in Afghanistan.

Justice Alito’s draft opinion reinforces the view that there’s a very dangerous Christian movement afoot in our nation. It’s not enough for them to live in a country where they are completely free to practice their own religious beliefs. They require the rest of us to live by their religious code, too.

Two thoughts: First about the Court’s legitimacy in the eyes of the public when they overturn a 50-year-old precedent. The Editorial Board of the WaPo summarized the damage to the legitimacy of the Court that Justice Alito is likely to inflict:

“The Court’s legitimacy rests on the notion that it follows the law, not the personal or ideological preferences of the justices who happen to serve on it at any given time….What brought the Court to its current precipice was not a fundamental shift in American values regarding abortion. It was the [result of] shameless legislative maneuvering of Senate GOP leader Mitch McConnell, who jammed two Trump-nominated justices onto the Court.”

For some time, you’ve been able to predict the votes of Supreme Court Justices by knowing the Party of the president that appointed them. That is particularly true if the issue is either overtly political or a Culture War proxy for Republican Party doctrine.

The American people want to believe the law is fair and impartial, because everyone wants to live in a just and predictable society. But this isn’t what Conservatives want. Their so-called love of religion and love of authority move them to reduce or eliminate voting rights, and now, to eliminate women’s rights.

Second, Wrongo thinks that the Conservative Court has gone a political bridge too far. Most polls show that the rights granted in the Roe v. Wade decision are broadly popular, even among Republicans. And Americans have lived with those rights for almost 50 years, assuming it was an inviolable Constitutional right, you know, like owning a gun.

Heather Cox Richardson says that the Supreme Court has never before taken away a Constitutional right. That means there will certainly be a political backlash against those who have supported this attack against women specifically, and against privacy rights in general.

Pew reports that women are more likely than men to express support for legal abortion (62% vs. 56%). And among adults under age 30, 67% say abortion should be legal in all or most cases, as do 61% of adults in their 30s and 40s.

This describes the foundation of a political movement: Young women as the vanguard of an anti-Republican crusade (pardon the Christian pun). We also know that young people historically have had the lowest voter turnout, dating back to the 1960s. Here’s a graph showing what percentage of women have voted by age group:

Source: Stastia

It was only in 2020 that very young women reached the 50% turnout level for the first time in 50 years. They still lag all other age groups in voting. This means that a wealth of untapped political power lies waiting to be flexed this fall, and overturning Roe is the spark that can light the fire.

Add to that Black and Hispanic women who according to a Guttmacher Institute report are, respectively, three and two times more likely to have an unintended pregnancy than white women. Nationally, Black women had 37% of abortions, white women had 34%, and Hispanic women had 22%. Black women are also more than three times more likely to suffer a pregnancy-related death compared to white women.

Pew also reported that two-thirds of Asian (68%), and Black adults (67%) say abortion should be legal in all or most cases, as do 58% of Hispanic adults.

All of this creates the basis for a national political movement to defeat anti-abortion candidates at local, state, and national levels. Think about how a young woman like Mallory McMorrow who spoke so effectively against the Republican Culture War, could be a leader in the fight.

Larry Sabato’s Crystal Ball lists seven states that offer the biggest potential for a Democratic backlash driven by abortion rights: Arizona, Georgia, Michigan, New Hampshire, North Carolina, Pennsylvania, and Wisconsin. Each of these states has a highly competitive gubernatorial or Senate race on tap for this fall, and several of them have two.

Before you say it’s impossible, remember that in Ireland in 2012, the death of a young woman who had been denied a medically necessary abortion became a rallying cry for the abortion rights movement. In 2018, this Catholic country held a referendum to change their Constitution to legalize abortion, which passed with over 66% support.

The non-Christian-radical path forward is via the ballot box, where women should be poised to lead us to a rebuilt society. Even as the Roberts Court and Republicans turn their backs on the Constitution, we must still embrace it.

The Roberts Court’s radical Christian majority is, intentionally or not, administering a fatal blow to the Court’s legitimacy.

Monday Wake-Up Call – August 20, 2018

The Daily Escape:

East Byram River, Greenwich CT – August 2018 iPhone photo by Wrongo. With so much recent rainfall, CT waterfalls are working hard.

This Monday, we depart from our usual ranting about politics and economics, and turn to the subject of text-analytics. The Atlantic has an article by Frank Partnoy about it. Text-analytics scans unstructured text, and pulls usable data from it, using a variety of algorithms. The technology is used extensively in the finance industry. Investment banks and hedge funds scour public filings, corporate press releases, and statements by executives to find slight changes in language that might indicate whether a company’s stock price is likely to go up or down. From Partnoy:

Goldman Sachs calls this kind of natural-language processing “a critical tool for tomorrow’s investors.” Specialty-research firms use artificial-intelligence algorithms to derive insights from earnings-call transcripts, broker research, and news stories.

Saturday Soother – June 23, 2018

Apologies for the lack of posts, but it wasn’t a good week at the Mansion of Wrong. We said goodbye to Ms. Right’s favorite dog, the 15 year-old Havanese, Tuxedo. Tux lost his two-year battle with congestive heart failure. He was a brave little boy right to the very end. I think sometime in the future it might be a good idea to surprise Ms. Right with a new Havanese puppy, I might do some research into other crosses such as the bichon havanese or others that Ms. Right will instantly fall in love with.

Here is a picture of Tux when he was young, with his favorite yellow ball:

Tuxedo in California – 2007 photo by Wrongo

All in all, another week filled with big issues: Toddler care by government contractors, a real trade war, and the World Cup without a US team. But let’s focus on small, but significant indignities. From Thursday’s Bangor Daily News:

US Customs and Border Protection agents set up a checkpoint Wednesday on Interstate 95, stopping drivers and asking them questions about their citizenship before letting them proceed.

Agents set up cones narrowing the highway to one southbound lane, and then asked vehicle occupants about their citizenship. One agent was quoted as saying:

If you want to continue down the road, then yes ma’am. We need to know what citizen – what country you’re a citizen of…

When questioned about what would happen if a driver declined to answer, he said the car would only be able to keep going if, after further questioning and in the agent’s judgment, “the agent is pretty sure that you’re US citizens.”

These same border agents perform immigrant checks at Maine bus stops, where agents have been captured on video asking riders about their citizenship. More from the Bangor News:

In recent months, the bus stop checks have come under fire from the Maine American Civil Liberties Union, which is suing the federal agency for records to learn more about the practice. Lawyers for the Maine ACLU said they have questions concerning “the intrusive operation,” and whether it infringes on the Fourth and Fifth Amendment rights of bus passengers.

The Bangor Daily News quoted attorney Emma Bond:

People have the right to be free from unreasonable searches and seizures, whether at a bus station or on the road.

Bill of Rights? We have no stinkin’ rights where Homeland Security is concerned. The tradeoff is to accept that immigrants, or possibly, terrorists, could make their way into the US from the enemy outpost of Canada. They could be infiltrating America.

For that, we are giving away the Constitution.

This isn’t some abstract abuse of internet privacy rights, these are uniformed federal government agents rousting people to produce their papers. Americans shouldn’t be required to answer questions about their comings or goings, unless law enforcement has probable cause to believe a violation of the law has occurred.

Stopping people for no reason is against the Constitution. It must be called out, and should be stopped immediately. We should not have to answer to anyone while driving down the roads our taxes pay for.

These are shock troops, exercising government power in a direct, one-on-one way. Let’s close with a cartoon that can’t wait until Sunday to be seen:

Another tough week. Unplug from the web and social media, it’s a time to cherish those closest to us, and to spend a little time away from the world.

Start by brewing a vente cup of Nicaragua Jinotega (Dark Roast) coffee ($13/12 oz.) with its bold and toasty notes, from Connecticut’s own Sacred Grounds Roasters.

Take your hot steaming cup outside, where you can hear the birds singing, maybe hear a distant lawn mower, and get comfortable. Now, listen to Aaron Copland’s “Quiet City” with solo trumpet by Winton Marsalis, backed by the Eastman Wind Ensemble. It is from the album, “Works by Copland, Vaughan Williams, and Hindemith“:

Now, let go of another pretty difficult week.

Those who read the Wrongologist in email can view the video here.

Saturday Soother – June 9, 2018

The Daily Escape:

Rakotz Bridge, Kromlauer Park, Germany via @archpics

With the press busy mourning the deaths of Kate Spade and Anthony Bourdain, you probably missed a couple of news stories about press freedom.

First, on Thursday night, the DOJ unsealed an indictment of James Wolfe, the long-time Director of Security for the Senate Intelligence Committee. Wolfe, a former Army intelligence analyst, had worked for the committee in a nonpartisan capacity for nearly 30 years. He is accused of one count of false statements to the FBI. The indictment alleges that he lied about his conversation with four journalists, Ali Watkins of the NYT, and three others.

The NYT revealed that Watkins, who had a three-plus year relationship with Wolfe, has had years of her communications subpoenaed. The DOJ obtained her subscriber information, and additional information from her phone.

The subscriber information that can be obtained by the DOJ is invasive. It includes your name, financial and other contact information, and IP and device addresses that allow them to map out all the communications a person uses.

It gives the government all of a journalist’s sources.

And the DOJ also sought and received Ali Watkins’ her email from when she was an undergraduate at Temple. She graduated in 2014. She broke her first national security story as a senior in college, so perhaps her school emails are relevant to the government’s investigation.

But this breach of the reporter/source privilege needs to explained. The government must delineate the boundary of what is, and isn’t acceptable in terms of vacuuming up a reporter’s source information.

It is important that counterintelligence sources and information be kept secret. James Wolfe’s motives are unclear, since he shared information with other reporters that he wasn’t having an affair with.

As of now, we don’t know if there was actual damage to an investigation.

The second item is the report, originally in April, that the Department of Homeland Security (DHS) intends to list and track 290,000 news outlets, journalists, bloggers, and influencers following select news stories. Their intent is to share those data with federal, state, local and private partners.

Naturally, there was pushback by news organizations, enough for the DHS’s Tyler Houlton to say:

Sure. Only a crank could possibly have an issue with one of the least transparent government agencies, the one with an Orwellian name, tracking and cataloging journalists. This amounts to mass monitoring of the press by the state.

So, two attacks on press freedom by the Trumpets, one by DOJ, and the other by DHS.

Remember, the government now has virtually unlimited processing power, bandwidth, and storage, and with that: Anything that can be monitored will be monitored.

This wasn’t feasible in the past, but now it is. We are at the point when privacy, as we have understood it in America, is over. For most of our country’s first 200 years, the government accepted that reporters would never reveal their sources, and by and large, no prosecutor and no judge would force them to try. It was a sacred protection guaranteed by the First Amendment.

Well, that’s changed. And it isn’t just the hard right bunch currently running the country. They are building on the efforts by Obama’s DOJ to seize journalists’ emails using the Espionage Act, to increase surveillance pressure on journalists and prosecute leakers of classified secrets.

It will take another court case similar to the Pentagon Papers to stem this undermining of press freedom. Good luck with that, given the current and likely future makeup of the Supreme Court.

Trump must respect and obey the First Amendment, in its entirety. The First Amendment is the core of our free society. Most whistle blowers are heroes.

This is how freedom is lost a little at a time, until one day we’ll wake up and find out that we’re no longer free. Technology has made Big Brother possible, but it is Congress that has made it legal.

Only pushback from freedom loving citizens will prevent it.

Wow! We really need a Saturday soothing. So, get off the couch, and brew up a cup of Kiniyota Espresso by Madison, Wisconsin’s JBC Coffee Roasters. It is produced entirely of the heirloom Bourbon variety of Arabica. Then, taste its rich notes of stone fruit and dark chocolate ($17.60/12oz). Now, sit outside, hopefully in a shady spot, and listen to the Viola Concerto in G major by Georg Philipp Telemann. It was probably composed in 1715. It was the first concerto for Viola. Here, it is played by Midwest Young Artists Conservatory:

Someone said that the viola is like the cream in an Oreo cookie; sweet and creamy, while holding the top and the bottom together.

Those who read the Wrongologist in email can view the video here.

Sean Spicer Searches Staff

The Daily Escape:

(Baby Baboon – Kenya)

Trump press secretary Sean Spicer is trying to catch the sources of White House leaks. (Link below sourced by the Wrongologist)

Spicer called his White House staff into his office last week to reiterate his frustration with the continuing leaks of WH information, sources with knowledge of the matter said. He informed them that the use of encrypted texting apps, like Signal and Confide, is a violation of the Federal Records Act.

NOW they care about the law? Using a Republican National Committee email server for official business is illegal, but that hasn’t stopped the White House from using it. Does Spicer have any concerns about the unsecured Android smartphone his boss tweets from every day? More:

Then, with White House counsel Don McGahn standing by, Spicer asked his staff to provide him with their cell phones so he could ensure they were not using those apps or corresponding privately with reporters.

Spicer then specifically asked his staff not to leak information about the meeting or his efforts to crack down on leaks to the media.

But someone in the room leaked all of it. They leaked that the leaky White House is trying to stop the leaks, (except for WikiLeaks) which, of course they love. Maybe someone should take a look at The Donald, who is currently taking a leak on the First Amendment.

Perhaps the gang who can’t shoot straight should have realized that people could delete incriminating information, or communicate with reporters in some way that might not be on their phones at all. Wrongo reveres the TV series “The Wire”. Apparently, Mr. Spicer has never watched it, and hasn’t heard of “burner” phones.

And it’s got to be difficult trying to maintain your loyalty to a team when the boss distrusts the team members. Unless there is a national security issue, there can’t be a reason to allow a government official to “inspect” your private mobile phone.

Many fun nicknames have been suggested for Sean Spicer (Cranky Spice, Whiny Spice). Wrongo’s current favorite is “Searchy Spice”, although his nickname in college was “Sean Sphincter” suggesting that he is in the right job: Hanging out with one of the world’s biggest assholes.

Thank you to the brave Americans inside the belly of the beast who put their country first. LEAK ON!

Next week in Spicer’s office: colonoscopies.

Here is a video about office investigations from the ever-popular TV series, “Office” (BBC version):

Those who read the Wrongologist in email can view the video here.

And enjoy (not) watching the Overlord’s address to the joint session of Congress tonight.

After all, you can read both fake news and alternative facts about it everywhere tomorrow.

Amazon’s Echo and Personal Privacy

Wrongo’s daughter gave him an Amazon Echo Dot for his birthday. Bob Lefsetz says that Amazon is becoming the new Apple: (brackets by the Wrongologist)

The Echo came with almost no instructions. Simple packaging. Not a work of art, like [Steve] Jobs’ creations, but far from the old Microsoft where there’s so much info you’re inundated.

Simple and slick, particularly when it comes to using Echo to listen to music on Spotify, (assuming that you have Spotify premium) because Alexa eliminates a step. Before the Echo, you navigated your PC or mobile to Spotify’s site, entered the artist or track you wanted to hear in Spotify’s clunky search engine, then waited for the track to pop up, and then clicked on it to play.

With Alexa, you say the name of the track and/or the artist, and tell Alexa you want to hear it on Spotify, and it begins playing. Very nice.

Alexa brought in yuuge sales numbers for Amazon this season. Bloomberg reported:

Sales for Echo speakers based on Alexa’s voice-recognition software were nine times more than the 2015 holiday season…Echo and Echo Dot were the best-selling products across Amazon this year…

Sales were so good that Amazon sold out of its Echo speakers in mid-December. The Echo shortage shows voice-activated assistants have found a strong niche with consumers. Smart home devices in general are booming at the moment and so it the desire for installation services like crestron programming. But there’s a potential dark side to having an Alexa device: Alexa’s job is to listen to you speak, and then recognize and use those data.

This begs the question of whether you should have any expectations of privacy if Alexa is plugged in. If you think this is an academic question, consider that police in Arkansas want to know what an Amazon Echo device may have heard during a murder:

Authorities in Bentonville issued a warrant for Amazon to hand over any audio or records from an Echo belonging to James Andrew Bates. Bates is set to go to trial for first-degree murder for the death of Victor Collins next year.

Sound Orwellian to you? Your hot new Xmas gift may be the Trojan horse that kills your privacy.

Police say Bates had several other discoverable smart devices, including a smart water meter. The water meter shows that 140 gallons of water were used between 1 AM and 3 AM the night Collins was found dead in Bates’ hot tub. The police think all that water was used to wash away evidence of what happened that night.

The data from the water meter, and the request for stored Echo information raise questions about what constitutes individual privacy in the internet of things (IoT). Due to the “always on” nature of the Echo, authorities want any saved audio the speaker may have picked up that night. The Echo is supposed to be only activated by certain words, but it spoke random answers to Wrongo, when not asked a question, if the room it was in was filled with people over the holidays.

What’s more, Echo captures audio and streams it to the cloud when the device hears a wake word, such as “Alexa.” What the owner says are called “utterances” by Amazon, and they are stored in the cloud until a customer deletes them either individually, or all at once.

Why does Amazon save your words? Probably because you can order items from them via the Echo. A record of the sale could be necessary in a dispute.

In the Bates case, Amazon would not provide the police with any information that Bates’ Echo had logged on its servers. It later released a statement:

Amazon will not release customer information without a valid and binding legal demand properly served on us. Amazon objects to overbroad or otherwise inappropriate demands as a matter of course.

So, Amazon just told the Bentonville police and police everywhere what they have to do to get your stored information: Your privacy is in play if you have an Echo, and you get arrested.

We have an expectation of privacy in our homes, but these devices listen to you, they talk to each other, and to companies like Amazon and Spotify, so the challenge to individual privacy seems very clear. Governments from city to federal, will try to develop any information they can about a criminal case. If those data are gleaned from a smart device in your home, it’s just another data point, and it will become your job to make the case that your Constitutional rights were violated.

The Constitutional question is whether the data you generate in your home through internet-connected devices are data that you own at all. Do you share ownership with corporate America?

Does the state have rights to your private information if they say they need it?

Tip: Alexa has a microphone off button. Use it. Its possible that Amazon can’t hear you then.

Monday Wake Up Call – Anthony Weiner Edition

“God is a comedian playing to an audience too afraid to laugh” – Voltaire

Many funny memes have emerged after the FBI’s announcement that, in their investigation of Anthony Weiner’s possible sexting relationship with a 15 year-old girl, they turned up emails that may or may not be related to the Hillary Clinton private server investigation.

The internets are having fun associating Weiner and Clinton:

Dickileaks – NY Post

Weiner Probe – WaPo

The only thing that would make this more insane is if Trump’s tax returns were found in Anthony Weiner’s email – twitter

The Cocktober Surprise – twitter

Apparently, HRC’s 33,000 deleted emails were all just dick pics from Anthony Weiner – twitter

Seriously, the NYT reports that officials at the DOJ urged FBI head James Comey not to violate policies and procedural norms by intervening in the presidential election. The linked article contains this rather remarkable set of facts: (emphasis by the Wrongologist)

The FBI offered no comment, and Justice Department officials said they had no idea what Mr. Comey saw as his next move. Justice Department officials were particularly puzzled about why Mr. Comey had alerted Congress — and by extension, the public — before agents even began reading the newly discovered emails to determine whether they contained classified information or added new facts to the case.

Law enforcement officials have begun the process to get court authority to read the emails, officials said. How soon they will get that is unclear, but there is no chance that the review will be completed before Election Day, several law enforcement officials said.

So not only to they have no idea what’s in the emails, they don’t have a warrant to read them yet.

This from the Jane Mayer article at the New Yorker: (brackets and emphasis by the Wrongologist)

According to the Administration official, [Attorney General] Lynch asked Comey to follow Justice Department policies, but he said that he was obliged to break with them because he had promised to inform members of Congress if there were further developments in the case. He also felt that the impending election created a compelling need to inform the public, despite the tradition of acting with added discretion around elections…

In essence, Comey is saying: “Well, I know the rule is designed to make sure that our investigations don’t influence elections, but I think in this case, we should break that rule, because there’s an election, and we should influence it.”

There are as yet no further developments in the case. After the FBI obtains a warrant and reads the emails, there might be, but right now, nada.

What we have so far isn’t a “further development” at all. If a police detective walked into a DA’s office and told the DA the equivalent of what Comey said to Congress, say: “we found a box of Clinton files”. He would get a puzzled look and a question: “Yes? Go on? What did you find?” and if the cop responded with: “We haven’t looked in the box yet” the DA would say: “Why are you HERE, then?”

But that’s not how Congress works.

No one knows what the impact will be on the presidential election; we will see next Tuesday. Comey’s act of partisan bad faith is staggering, and there is no denying that his letter to Congress was a bombshell. This undermines democracy at least as much as anything the Pant Load says on the trail about “rigged elections.” Undermining democracy apparently comes with zero consequences these days.

So, it’s time to wake up America! You could lose your democracy without even knowing it is gone.

To help you wake up, here is Serj Tankian, the lead vocalist of the rock band System of a Down, with “Uneducated Democracy”, released in 2012. Serj lives in California and supported Bernie Sanders this year:

The video for “Uneducated Democracy” is made by Tumo, a technology school in Armenia. All of the crew were teenagers.

Sample Lyrics:

In dire need of reason
In a truly deaf nation
In dire need of reason
In a truly deaf nation
Without an education there is no real democracy
Without an education there is only autocracy

Open your eyes
Open your mouths
Close your hands
And make a fist
Down with the system
As we lay helpless against the machine

As sex scandals dictate
The winding road of realpolitik
The bully runs from his corner
Images rule through the media
Hungry hunger further
The hungry hunger further

September 21, 2016

On-the-ground insight from the Chelsea area of Manhattan on Sunday: Long-time reader David P. gives us some, from the day after the bombing:

I just finished reading your Wrongologist entry for today.

OTOH, I find some evidence that fear is not (universally?) out of control. We drove into NYC yesterday [Sunday] after seeing TV accounts of the bombing in Manhattan at 23rd St, near 5th Ave. In a 10-block stroll through the West Village and Chelsea, I noted no businesses, of the sort normally open on Sundays that were shuttered. We had brunch at a restaurant on the corner of 20th St and 7th Ave., in the open air. The sidewalks were bustling and the street traffic seemed to be at the expected level for a Sunday. I exchanged a few social niceties and joking exchanges with waiters and other strangers; none seemed fixated on what had and was transpiring a few blocks away…

On the TV, both on Sunday and thus far on Monday (4 PM), local politicians and police administrators have given calm, factual, professional updates, with the politicians adding that the terrorist enterprise could only prevail if we were to give way to fear and allow our lives to be disrupted any more than necessary…

The ONLY sour note that I heard in the 40 hours since the first explosion was Mr. Trump’s irresponsibly premature pronouncement on a still-emerging event, coupled with his opportunistic attempt to blame it on President Obama and Hillary Clinton. Otherwise, from my perspective and at least in my corner of the universe, people seem to be vigilant without being terrorized.

I hope that the media will show the rest of the country that, here near the center of the terrorism bulls-eye, most of us are not succumbing to fear. I also hope that the rest of the country will notice that we are not voting for someone who, faced with those who would do us harm, responds with bluster and bullshit, rather than with quiet determination and deference to professionals who know what they are doing.

David

Some media, and of course the Pant Load, are trying to fan the fear. Some are saying “New York Attacked!” They want Americans to be more afraid for their safety than for the likelihood of losing more of our American values. Interestingly, the states that have seen terror attacks, NY, CA, MA, PA and VA are solidly in Hillary’s camp, while Florida is too close to call.

Perhaps when you actually have to face your fear, you think differently.

On a separate issue: There is a growing ACLU and Amnesty-led campaign to secure a pardon for Edward Snowden, timed to the release of the Oliver Stone biopic “Snowden”. There have editorials and op-eds, pro and con appearing all over the country in recent days. Few attempt to lay out the facts. In fact, the Washington Post editorial board is against his pardon. That is the height of hypocrisy, since the WaPo won a Pulitzer Prize for reporting based on the very information that Snowden took from the US government!

Glenn Greenwald, who helped Snowden get his information to the media said:

Three of the four media outlets that received and published large numbers of secret NSA documents provided by Edward Snowden — The Guardian, the New York Times, and The Intercept –– have called for the US government to allow the NSA whistleblower to return to the US with no charges.

The exception is the WaPo.

Back to the pardon, the House Permanent Select Committee on Intelligence (HPSCI) has recommended against a Snowden pardon. Marcy Wheeler tears their report apart, stating that in a two-year investigation, HPSCI failed to interview any of the direct witnesses, repeated known untruths about Snowden, and used the wrong methodology to conduct the damage assessment caused by the document releases. From Marcy:

One thing is certain: the public is owed an explanation for how HPSCI came to report knowably false information.

Snowden is a saint compared to the Congress jerks who signed off on this recommendation.

It is one thing to believe Snowden’s breach of a duty of confidentiality to the US government is not offset by the good that public knowledge of the NSA’s clandestine spying programs provided.

It is another to create a false report about the individual and the damage done.

There are probably a few dozen or so Dennis Hastert’s in Congress that are more than interested in suppressing any whistle blower’s information. Who knows, it could end a career.

Congress seems to have sworn an oath to complicity, not an oath to uphold the Constitution.

Monday Wake Up Call – Rule of Law Edition

While America celebrated the Labor Day weekend, we overlooked an extremely important decision by a three-judge panel of the US Court of Appeals for the Ninth Circuit.

Last week, they issued a sweeping decision in the Federal Trade Commission v ATT, that drastically restricts the Federal Trade Commission’s (FTC) consumer protection authority over companies that offer “common carrier” services (e.g., telephone services, mobile data, and internet services) whether or not these services comprise their core business. Moreover, since no other federal agency has the necessary scope of regulatory authority over this area, if this decision stands, significant activities of such companies would become largely unregulated.

As the WaPo reports:

The ruling could wind up giving Google and Facebook — not to mention other companies across the United States — the ability to escape all consumer-protection actions from the FTC, and possibly from the rest of government, too, critics claim, unless Congress intervenes.

A little history: The FTC had brought an action against ATT over the adequacy of the company’s consumer disclosures regarding its data throttling plan, by which ATT intentionally reduced the data speed of customers to whom it had sold unlimited mobile data plans:

In 2007, ATT became Apple’s sole wireless provider for iPhone.
In 2011, ATT began reducing the speed at which unlimited data plan users received data on their smartphones.
Under ATTs data throttling program, unlimited data plan customers were throttled for the remainder of a billing cycle once their data usage during that cycle exceeded a certain threshold.

So the FTC filed suit against ATT. The FTC’s argument was that ATT was not providing an “unlimited” service, which is what subscribers thought they were buying. After signing up the initial subscribers, ATT changed to tiered plans, under different contracts. And ATT neglected to inform the original customers – the ones who thought they’d purchased an unlimited plan – that they weren’t getting what they paid for.

But the FTC lost. To understand the complicated legal issues and why the FTC lost, you can read all about it here.

The implications are huge. The decision means that any company that creates or purchases either a phone company or an internet service provider (ISP) can escape federal consumer protection regulations entirely. This is particularly important for individual privacy and security matters, since the FTC currently is trying to impose comprehensive privacy and data security regulations on ISPs, and this decision may hamper that effort. After all, big data has been collecting for years now and there is so much data on millions, if not billions of people, the population are starting to understand the risks of their data security with many big companies.

The court decided that the FTC lacks authority to regulate common carriers. So, no matter how egregious the company’s conduct– even for false, deceptive, misleading practices, the FTC would be unable to do anything about it. Nor, at the moment, can any other federal agency.

The ATT case concerned regulation of advertising. But, since the court’s decision rejected outright the FTC’s claim to be able to regulate any activities of companies deemed to be common carriers, it is not limited to deceptive advertising alone. Facebook and Google already gorge themselves on your personal data and the decision prevents the FTC, the agency that has a track record of regulating privacy issues, from exercising any oversight of these activities (provided that Facebook and Google make the appropriate acquisitions or otherwise position themselves to qualify as common carriers).

So it’s time to wake up America! The steady erosion of your privacy and consumer protection rights continues under the flag of “the rule of law”. In the REAL world, the wealthy and powerful are often above the law. The Wall Street banking cartels committed mortgage fraud, foreclosure fraud, and securities fraud. They laundered money for terrorists and drug cartels. They rigged interest rates. Aside from stockholders paying token fines, no human was prosecuted for these massive, organized criminal activities.

Let’s groove to “I Fought the Law”, written in 1958 by Sonny Curtis of the Crickets, and later popularized by the Bobby Fuller Four who had a top-ten hit with it in 1966. It was also recorded by the Clash in 1977, and Green Day in 2004. In 1989, during the US invasion of Panama, the US military blasted loud rock music—including the Clash’s version of “I Fought the Law“, to pressure Manuel Noriega to surrender.

The guitar riff in this Bobby Fuller version sounds positively Hollyesque:

After this decision against the FCC, maybe in 20 years, instead of saying “he got railroaded”, we’ll be saying “he got telecommed”.

For those who read the Wrongologist in email, you can view the video here.

The Wrongologist

Geopolitics, Power and Political Economy

Category: Privacy Issues

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