Scale model of disputed Chinese-Indian mountain range in China

On Google Earth or at The Register. (Via Anson Kennedy on the SKEPTIC mailing list.)

Court rejects government's "state secrets" argument in AT&T case

Today Judge Vaughn Walker of the U.S. District Court of the Northern District of California ruled on the U.S. government's motions for dismissal or summary judgment in the Electronic Frontier Foundation's lawsuit against AT&T on grounds of "state secrets." The motions were denied, with the possibility of a later dismissal or summary judgment on state secrets grounds. However, the judge noted the limits of state secrets privilege with respect to the infringement of individual rights, and stated that "dismissing this case at the outset would sacrifice liberty for no apparent enhancement of security" (p. 36 of the ruling).

The judge noted that you can't claim that something is a "state secret" if it's not secret, citing not only news stories about interception but public statements by George W. Bush and Alberto Gonzales.

Also denied were AT&T's motions for dismiss for lack of standing, for lack of plaintiff demonstration that AT&T lack's appropriate government certification for its actions (though the judge indicates he could be persuaded otherwise on this one later), due to AT&T's claim of common law immunity from civil liability for conducting government surveillance (in part because AT&T has argued that its cooperation has been voluntary, not mandatory), and due to AT&T's claim of qualified immunity.

The judge proposes appointing a qualified, appropriately security-cleared expert to assist the court in reviewing classified material and determining what may be disclosed and to whom.

The next hearing is a case management hearing on August 8.

Bush's veto of the stem cell bill

As everyone knows, Bush's first veto ever was of H.R. 810, the Stem Cell Research Enhancement Act, to authorize federal funding of embryonic stem cell research, on the ridiculous basis that this research involves killing "boys and girls."

As Scott Rosenberg points out at Salon:

Here is why Bush's position is a joke: Thousands and thousands of embryos are destroyed every year in fertility clinics. They are created in petri dishes as part of fertility treatments like IVF; then they are discarded. If Bush and his administration truly believe that destroying an embryo is a kind of murder, they shouldn't be wasting their time arguing about research funding: They should immediately shut down every fertility clinic in the country, arrest the doctors and staff who operate them, and charge all the wannabe parents who have been wantonly slaughtering legions of the unborn. But of course they'll never do such a thing. (Nor, to be absolutely clear, do I think they should.) Bush could not care less about this issue except as far as it helps burnish his pro-life credentials among his "base."
...

If Bush believes destroying embryos is murder, let him take a real stand against it. If he doesn't, he shouldn't make it harder for the thousands of embryos that are being discarded anyway to be used for a valuable purpose that could improve real lives.

That's why Bush's stem cell position isn't Solomonic -- it's craven. His upcoming veto is an act not of moral leadership but of hypocrisy. And the cost of this hypocrisy, assuming Congress can't muster the votes for an override, will be borne by everyone who dreams of new cures for awful illnesses.

The House vote to override the veto failed by 51 votes, 235-193. Arizona's Representatives did not follow partisan lines on this--voting to override the veto were Flake (R), Grijalva (D), Kolbe (R), and Pastor (D). Voting against were Franks (R), Hayworth (R), Renzi (R), and Shadegg (R).

Back in May of last year when the House passed the bill, Grijalva, Kolbe, and Pastor voted for it, while Flake, Franks, Hayworth, Renzi, and Shadegg voted against it as the Eagle Forum insisted.

In the Senate, where it passed yesterday on a vote after sitting there for over a year, Kyl voted against the bill and McCain voted for it. No surprise there.

(Thanks to John Lynch at stranger fruit for the voting info and the reference to Rosenberg.)

UPDATE July 19, 2006: I've corrected the above to put Franks' vote back on the expected side and remove my comments of surprise about his vote. I'm still surprised by Flake's vote to override the veto.

U.S. House votes to place limits on judiciary

Yahoo headlined this story "House votes to keep 'under God' in pledge," but that's not accurate. The House passed a bill (H.R. 2389, the "Pledge Protection Act of 2005," on a vote of 260-167) which prohibits the courts from hearing challenges to the presence of "under God" in the pledge of allegiance, which strikes me as an unconstitutional action by the Congress. (Congress does have the power in Article I, Section 8 "To constitute tribunals inferior to the Supreme Court" and "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof," which gives them at least some powers of regulation (to the extent that it is "necessary and proper") over the courts. But circumscribing the topics which the Supreme Court can address would seem to me to be something only the Constitution can do. Any constitutional scholars care to comment?

Missouri Rep. Todd Akin is quoted in the story saying, "We're creating a fence. The fence goes around the federal judiciary. We're doing that because we don't trust them."

Yet it's Congress, more than the courts, that can't be trusted to be remotely responsible, rational, respectful of the Constitution, or of the people. We'd be much better off putting a fence around the Congress, such as by ending the First Amendment after the fifth word.

"Under God" was added to the pledge of allegiance by act of Congress in 1954 for explicitly religious reasons (to distinguish the U.S. from the godless communists in the Soviet Union), and the U.S. Supreme Court avoided making a ruling on the issue in Michael Newdow's case by throwing the case out on a technicality--the issue of standing, since he didn't have custody of his daughter. He's currently pursuing the case through the courts again with other plaintiffs.

All but one of Arizona's Republican Representatives signed on as sponsors of the House bill: Trent Franks, Jeff Flake, J.D. Hayworth, Rick Renzi, John Shadegg. The one Republican exception was Jim Kolbe (R); the two Arizona Democrats, Raul Grijalva and Ed Pastor, did not. I suspect their voting went along these same lines.

The Senate version of this bill is S. 1046, introduced by Arizona Senator Jon Kyl. While the House bill attracted 197 sponsors, the Senate bill has only attracted 16 and Senator John McCain is not among them. The Senate bill is stalled out in the Judiciary Committee.

Anti-Astroturfing Wiki

Seth Godin has pointed out a new Anti-Astroturfing Wiki, for exposing those who are creating fake grassroots efforts by actions like coordinating letters to the editor or blog comment posts which don't mention the coordinating body--a practice engaged in by both advocates for and against net neutrality regulations.

The current Wikipedia definition: "In American politics and advertising, the term astroturfing describes formal public relations projects which deliberately seek to engineer the impression of spontaneous, grassroots behavior. The goal is the appearance of independent public reaction to a politician, political group, product, service, event, or similar entities by centrally orchestrating the behavior of many diverse and geographically distributed individuals."

The Anti-Astroturfing Wiki and campaign has been set up as part of TheNewPR Wiki by Paull Young and Trevor Cook in response to the PR Institute of Australia's promotion of a "how-to" seminar on astroturfing even though the practice violates the PRIA Code of Ethics. Young has issued an anti-astroturfing statement:

We oppose the practice of astroturfing, defined above, in any form. The practice should never be a part of a public relations campaign as it is anti-democratic, unethical, immoral and often illegal.

We will attempt to raise awareness of this practice, expose it for what it is, and encourage our fellow communicators to join us in opposition.

We call for all professional communication bodies to strongly, publicly and actively oppose astroturfing; alongside PR agencies, individual practitioners and bloggers.

I endorse this, along with the InOpinion list exposing astroturfing which I posted about back in May. (For those who want to deny that providing prewritten letters on a website without mentioning the name of the organizing group supplying them is astroturfing, I recommend this rebuttal from the InOpinion blog.)

I wrote about an Arizona astroturfing effort by beverage distributors to stop direct wine shipments here. The fact that these astroturfers weren't really concerned about underage purchases of wine by mail was demonstrated by their agreement to a compromise based on the size of the winery--their principle was making sure that they remained in the middle for most wine purchases, not whether or not underage drinking occurs.

Telecom regulation around the world

Paul Kouroupas has written an interesting series of posts about the state of telecommunications regulation around the world. He postulates a hypothetical company, CoolCo, that is an ISP that wants to sell Internet access, voice over IP, email, instant messaging, and web hosting to residential customers, while not owning any of its own transmission facilities. CoolCo wants to expand its services to include dedicated circuits for business customers, and is majority owned by U.S. investors with a Thai investor who owns 15% of the company.

Kouroupas then looks at how CoolCo would fare in Europe, Latin America, Asia, and the United States with respect to licensing requirements, license fees and other fees, foreign ownership restrictions, tariff, contract and pricing rules, interconnection rights and obligations, and the efficiency and effectiveness of the regulatory process.

He begins with Europe--licensing requirements are nonexistent; operators must simply "register and abide by a set of basic consumer protection obligations and regulations." License fees are nominal and consistent across the entire EU. There are no universal service fees or foreign ownership restrictions. There are no tariff requirements, no contract requirements beyond "conformity to basic legal precedence," no pricing rules "other than basic non-discrimination requirements." No regulator approval is required to set prices. Interconnection is mandatory, some states require unbundling of services by the incumbents. The regulatory process is relatively efficient and does not consume the bulk of CoolCo's resources.

In Latin America, Kouroupas looks at Argentina, Brazil, Chile, Mexico, Panama, Peru, and Venezuela, the countries where Global Crossing operates, and shows that there is a large amount of variation between countries, with Argentina, Brazil, and Chile being more open and adaptable, and Mexico, Panama, Peru, and Venezuela having more heavy-handed regulation. All have licensing requirements, with the less-regulated three and Peru requiring only a single license for CoolCo's offerings, while Mexico, Panama, and Venezuela require separate licenses for each service offered. All have license fees as a percentage of revenue, ranging from 0.5% to 3%. Universal service fees fall in the same range. Only Mexico has foreign ownership restrictions. Mexico, Peru, and Venezuela heavily regulate prices, tariffs, and form of contracts. Most countries require some form of interconnection, but in Mexico the incumbent (Carlos Slim's Telmex, which was privatized in the worst possible way) has been the recipient of multiple complaints for taking steps to avoid or delay the implementation of interconnection. In most countries the incumbent telco is the largest employer in the country and has considerable influence over the regulatory process, which often fails to complete by the legal time limits, leaving competitive telcos in legal limbo for months or years.

Kouroupas then turns to Asia, looking specifically at Australia, Hong Kong, Japan, Singapore, South Korea, and Taiwan, with a brief look also at China and India. The former countries, unsurprisingly, are more open than the latter two, though the level of bureaucracy is also high in Japan and Taiwan. China, India, and South Korea have foreign ownership restrictions, at least for facilities-based operators.

Finally, he looks at the United States, which is hampered by a lack of consistency and coherent regulations, especially with respect to VoIP. Licenses are not required at the moment, but the FCC appears to have opened the door for it, and there are some specific requirements that now apply such as CALEA and E911. VoIP providers will have to contribute to the universal service fund by assuming that 64.9% of their traffic is interstate, which means paying 10.5% of 64.9% of their revenue. Foreign ownership restrictions exist, but CoolCo should not hit them at the moment due to its foreign ownership of less than 25% and its not requiring licensing, but this could change. There are no tariff, contract, or pricing rules that apply. For VoIP there are currently no interconnection rights and unbundling is limited. The regulatory process exists at both the federal (FCC) and state (public utility commissions) level. At the federal level, regulation is incredibly inefficient; at the state level it varies considerably from state to state but is generally more efficient than at the federal level and has promoted competition. The overall picture is one of uncertainty about the future.

I've only touched on the highlights of the detail in Kouroupas' posts, but it's clear that CoolCo will find Europe to be the easiest region to establish business in today. Check them out.

The DHS National Asset Database

The Department of Homeland Security's National Asset Database has come under fire recently for the absurdity of some of the more than 77,000 items on the list, most of which were added in 2005--there were fewer than 32,000 items in 2004. Indiana leads the nation as the state with the most entries on the list, with 8,951 (up from 322 in 2004), including Amish Country Popcorn near Berne, Indiana. New York has 5,687 (up from 1,634 in 2004) and California has only 3,212. Washington state has 3,650, which includes 65 "national monuments and icons"--more than Washington, D.C. Arizona has a mere 675 entries on the list, up from 597 in 2004.

Absurd entries on the list include a petting zoo in Huntsville, Alabama, the Columbia, Tennessee Mule Day Parade, the Sweetwater Flea Market near Knoxville, Tennessee, and items like "Beach at End of a Street," "Nix's Check Cashing," "Mall at Sears," "Ice Cream Parlor," "Tackle Shop," "Donut Shop," "Anti-Cruelty Society," and Arkansas' Bean Fest.

In Seattle, the list includes Auburn's SuperMall (which received a $50,000 DHS grant). There are 1,305 casinos on the list, 234 restaurants, and 700 mortuaries. Seattle Times columnist Danny Westneat has called for reader submissions of their own items, "as absurd as you want"--"No way can it top the spectacle going on at homeland security."

Not included on the list: Times Square, the Statue of Liberty, the Empire State Building, or the Brooklyn Bridge.

The list has made the press because auditors at the DHS Inspector General's office have questioned the value of "unusual or out-of-place sites ... whose criticality is not readily apparent." But the DHS is unapologetic: "We don't find it embarassing ... The list is a valuable tool," says DHS deputy press secretary Jarrod Agen. Agen claims that the list is not used for funding decisions, but the DHS budget for Arizona was cut in half for 2006.

The committees in Congress responsible for oversight of the DHS are the House Judiciary Committee (which includes two Arizonans, Rep. Jeff Flake and Rep. Trent Franks) and the Senate Committee on Homeland Security and Government Affairs (no Arizonans).

How about setting some reasonable standards for what submissions from states get put on the list?

Radley Balko paramilitary police paper

Radley Balko's paper, Overkill: The Rise of Paramilitary Police Raids in America, has been released by the Cato Institute today. It is available for download (PDF) and is accompanied by an online interactive map of incidents. The executive summary:

Americans have long maintained that a man’s home is his castle and that he has the right to defend it from unlawful intruders. Unfortunately, that right may be disappearing. Over the last 25 years, America has seen a disturbing militarization of its civilian law enforcement, along with a dramatic and unsettling rise in the use of paramilitary police units (most commonly called Special Weapons and Tactics, or SWAT) for routine police work. The most common use of SWAT teams today is to serve narcotics warrants, usually with forced, unannounced entry into the home.

These increasingly frequent raids, 40,000 per year by one estimate, are needlessly subjecting nonviolent drug offenders, bystanders, and wrongly targeted civilians to the terror of having their homes invaded while they’re sleeping, usually by teams of heavily armed paramilitary units dressed not as police officers but as soldiers. These raids bring unnecessary violence and provocation to nonviolent drug offenders, many of whom were guilty of only misdemeanors. The raids terrorize innocents when police mistakenly target the wrong residence. And they have resulted in dozens of needless deaths and injuries, not only of drug offenders, but also of police officers, children, bystanders, and innocent suspects.

This paper presents a history and overview of the issue of paramilitary drug raids, provides an extensive catalogue of abuses and mistaken raids, and offers recommendations for reform.

You can hear Balko talking about his paper here (MP3 podcast).

Via The Agitator.

Another lottery casualty

The Arizona Republic reports on the story of Shefik Tallmadge, who won $6.7 million in the Arizona Lottery in 1988 at the age of 29. He was the biggest Pick winner at the time, taking the payment as 20 years of $335,000 payments. He quit his job, bought a Porsche, took his family around the world, completed a political science degree, and married a pharmacist. He cashed in on the remainder of his lottery winnings in 1998 to get a large lump sum, which he used to buy an expensive house and four gas stations. Last year he filed for bankruptcy and continues to play the same numbers he won with on the Florida Lottery.

This seems to be a not-uncommon story for lottery winners.

Kent Hovind and Ali G