Sunday, December 25, 2016

25 December - Netvibes - oldephartteintraining

Why Walt Whitman Called America the “Greatest Poem” - Shocked at the election of their next president, many Americans at the end of 2016 turned to social media, petitions, polls, and the streets in protest. A century and a half ago, shocked at the assassination of the sitting president who oversaw the reunification of a divided nation, Walt Whitman turned to poetry. In “O Captain! My Captain!”, Whitman famously eulogized Abraham Lincoln as the fallen leader of the great ship of America, which he called a “vessel grim and daring.” But for Whitman, poetry wasn’t just a vehicle for expressing political lament; it was also a political force in itself. In his preface to the first edition of Leaves of Grass (1855), Whitman claimed of the United States, “Their Presidents shall not be their common referee so much as their poets shall,” echoing Percy Bysshe Shelley’s famous dictum in 1840’s Defence of Poetry: “Poets are the unacknowledged legislators of the world.” Shelley was referring to the role that art and culture play in shaping the desires and will of people, which eventually come to be reflected in the law. But Whitman went even further in his preface. “The Americans of all nations at any time upon the earth have probably the fullest poetical nature,” he wrote. “The United States themselves are essentially the greatest poem.” Whitman’s claim stemmed from a belief that both poetry and democracy derive their power from their ability to create a unified whole out of disparate parts—a notion that is especially relevant at a time when America feels bitterly divided. Notably, Whitman’s grammar (“the United States are”) signals his understanding of the country as a plural noun—not one uniform body, but a union of disparate parts. Whitman was centrally concerned with the American experiment in democracy and its power to produce “out of many, one,” even at as great a cost as the Civil War and the faltering Reconstruction. Whitman thus celebrates in his work the many kinds of individuals that make up a society as well as the tensions that bring individuals together in a variegated community. In “I Sing of America,” he writes, I hear America singing, the varied carols I hear, Those of mechanics, each one singing his as it should be blithe and strong, The carpenter singing his as he measures his plank or beam, The mason singing his as he makes ready for work, or leaves off work, The boatman singing what belongs to him in his boat, the deck-hand singing on the steamboat deck ... The delicious singing of the mother, or of the young wife at work, or of the girl sewing or washing, Each singing what belongs to him or her and to none else … Whitman is perhaps America’s first democratic poet. The free verse he adopts in his work reflects a newly naturalized and accessible poetic language. His overarching themes—the individual, the nation, the body, the soul, and everyday life and work—mirror the primary values of America’s founding. Then and now, his poetry is for everyone. As Whitman asserts later in the preface to Leaves of Grass: The genius of the United States is not best or most in its executives or legislatures, nor in its ambassadors or authors or colleges or churches or parlors, nor even in its newspapers or inventors … but always most in the common people. In his self-published first edition of Leaves of Grass, Whitman included a drawing of himself, the poet. He is wearing the loose, casual garb of the laborer. He is neither the ruffled courtly bard of a previous age, nor the tweedy and erudite Oxford author of a later age. (Successive editions depict Whitman as more urbane.) He asserts himself, at least initially, as a poet of the modern world: rude, raw, and representative of the common man. Whitman links the essence of poetry, which is unity-within-diversity, to the essence of democracy.Former Maryland Lieutenant Governor Kathleen Kennedy Townsend’s prescient words about Whitman, published five years ago in The Atlantic, could easily have come from this year’s post-election analysis: Today’s politicians and pundits seem to have forgotten the unemployed in their endless debates about wealth creation, capital gain reduction, and high corporate taxes. How rarely we hear about the factory worker, the contractor, the construction worker whose lives have been upended by the prolonged economic disaster … Mostly they’re forgotten and ignored. But Whitman wouldn’t have forgotten them… He knew that the fate of each one of us is inextricably linked to the fate of all. The notion that the fate of each one of is tied to the fate of all is the essence of democracy, and of Whitman’s poetry. Even while staking out his place as a common man, Whitman saw for the poet a special role within democracy. In “By Blue Ontario’s Shore” (first published in 1856 but revised many times until its final version in 1867), Whitman asserts, “Of these States the poet is the equable man.” The equable person is one who both sees and acts justly. The poet does this better than the politician because, Whitman says: [The poet] bestows on every object or quality its fit proportion, neither more nor less, He is the arbiter of the diverse, he is the key, He is the equalizer of his age and land, He supplies what wants supplying, he checks what wants checking, In peace out of him speaks the spirit of peace, large, rich, thrifty, building populous towns, encouraging agriculture, arts, commerce, lighting the study of man, the soul, health, immortality, government …. He judges not as the judge judges but as the sun falling round a helpless thing, As he sees the farthest he has the most faith … He sees eternity in men and women, he does not see men and women as dreams or dots. This role Whitman assigns the literary imagination in shaping the standards of judgment essential to democracy is a “startling claim,” says the American philosopher and legal scholar Martha Nussbaum. In Poetic Justice: The Literary Imagination and Public Life, Nussbaum argues that “the ability to imagine vividly, and then to assess judicially, another person’s pain, to participate in it and then to ask about its significance is a powerful way of learning what the human facts are and of acquiring a motivation to alter them.” In other words, poetry constitutes the practice of what robust pluralism requires. A literary imagination, Nussbaum writes, “promotes habits of mind that lead toward social equality in that they contribute to the dismantling of the stereotypes that support group hatred.”  Thus, although Whitman’s racist views of blacks, shaped in part by the bad science of the day, were contradictory and at times ambivalent, his poetic vision forged a way past his own hidebound limitations toward greater justice.  In “To Foreign Lands,” Whitman claims his poems offer the world the very definition of America: “I heard that you ask’d for something to prove this puzzle the New World / And to define America, her athletic Democracy, / Therefore I send you my poems that you behold in them what you wanted.” An “athletic democracy” is made so not by politicians, Whitman claims, but by poetry. For the poetic mind is a mind attuned to justice. In her work On Beauty and Being Just, the Harvard professor of aesthetics Elaine Scarry describes the importance of multiple viewpoints, arguments, and counterarguments to “political assembly,” wondering how “will one hear the nuances of even this debate unless one also makes oneself available to the songs of birds or poets?” The basis of poetry is precisely those connections forged between different elements, different voices, and different perspectives. In envisioning the United States as “the greatest poem,” Whitman links the essence of poetry, which is unity-within-diversity, to the essence of democracy. Within the epic poem that is America, a president is but one figure. 05:00
Donald Trump's Hot-and-Cold Bromance With Vladimir Putin - What’s the appropriate, slightly unhip portmanteau to describe the relationship between Donald Trump and Vladimir Putin these days? Is it a bromance? Are are the two men frenemies? The hot-and-cold humors of adolescence, as well as its fluid network of grudges and shifting alliances, have been on display this week between the U.S. president-elect and the Russian president, culminating in a bizarre Friday evening Twitter missive from Trump: Vladimir Putin said today about Hillary and Dems: "In my opinion, it is humiliating. One must be able to lose with dignity." So true! — Donald J. Trump (@realDonaldTrump) December 24, 2016 Here we have the president-elect quoting an oppressive foreign leader’s snark in the service of spiking the football on an opponent Trump vanquished nearly two months ago— with the Trumpian flourish of “So true!” perfectly tying it all together. The tweet capped off a Putin swoon that also included Trump’s release Friday of an apparent letter from the Russian. “Please accept my warmest Christmas and New Year greetings,” Putin wrote, according to an “unofficial translation” released by the Trump team. Trump did not release the original letter. “I hope that after you assume the position of the President of the United States of America we will be able—by acting in a constructive and pragmatic manner—to take real steps to restore the framework of bilateral cooperation in different areas as well as bring our level of collaboration on the international scene to a qualitatively new level.” But this type of friendship is fickle and flickering. Trump might release a fawning letter from Putin, and he might be perfectly happy to quote Putin dissing Hillary Clinton—the enemy of my enemy is at the very least my frenemy, and possibly my friend, after all—but that doesn’t mean they won’t have their differences. On Thursday, Putin said in a speech that he intended to strengthen Russian nuclear-weapons capabilities. Trump responded, as he does, on Twitter, writing, “The United States must greatly strengthen and expand its nuclear capability until such time as the world comes to its senses regarding nukes.” That set off a mad spin effort, as Trump spokesman Jason Miller insisted that what the president-elect really meant, contra a plain reading of the words he used, was to warn about “the threat of nuclear proliferation and the critical need to prevent it—particularly to and among terrorist organizations and unstable and rogue regimes.” Lest anyone be tempted to believe this up-is-down spin, Trump made sure they didn’t, telling MSNBC’s Mika Brzezinski, “Let it be an arms race. We will outmatch them at every pass and outlast them all.” Trump seems to be making policy on the fly again. Is it just a machismo contest with his pal Putin? Is he intentionally spiting President Obama, who has tried to effect nuclear-weapons reductions? (Is Trump paying close enough attention to know about Obama’s efforts?) Is he just trying to keep everyone, including apparently his aides, guessing? Putin made his comments about losing with dignity in a year-end press conference, in which he had plenty of punditry to offer on U.S. politics. Although the consensus that Russian hackers were behind attacks on the Democratic National Committee and Democratic politicians during the campaign, and although many U.S. intelligence agencies have come to the conclusion that those hacks were intended to hurt Clinton and aid Trump, Trump and Putin have both insisted Russia was not the culprit. “The president-elect was absolutely right to note that nobody knows who these hackers are,” said Putin, a cynical sneer underpinning his Cheshire Cat grin. “Maybe they were in a different country, and not in Russia. Maybe it was just someone sitting on their sofa or bed. It’s very easy now to show one origin country, when you’re actually in a different place.” Putin criticized the Democratic Party for “trying to chalk their own failures up to outside factors,” which he said “is not very dignified.” As for Trump, Putin said, “Nobody believed he’d win. Except us, of course. We always believed.” Of course, if the intelligence assessments are correct, Putin knows very well where the hacks came from, and while there are many culprits in Clinton’s loss, the leaked information does appear to have been one more thumb on the scale weighing against her. Russia’s ever-bolder online espionage, and its expansionist saber-rattling in Eastern Europe and the Caucasus, have led some to wonder whether the world is witnessing a return to the Cold War. (Back in those days, Putin was a KGB official and Trump was, among other things, a prospective Moscow investor.) But the on-again, off-again flirtation between Trump and Putin raises the scary prospect that the world might face many of the worst, most dangerous tendencies of the Cold War, without any of the best. On the bad side of the ledger, Trump is offering to return the world to apocalyptic nuclear arms races and seeking to borrow the old Soviet technique of building massive walls. Yet given Trump’s tendency to accommodate Putin’s oppression and territory-grabbing impulses, as well as his own authoritarian leanings, the president-elect seems unlikely to be a muscular, outspoken defender of democracy around the globe or of dissidents within Russia. Trump’s bizarre tweet might be entertaining if it didn’t seem like a harbinger of a world that is more violent and less free. So true! 24 Dec
Scorsese's Silence and Batman: The Week in Pop-Culture Writing - Martin Scorsese’s Strained Silence Anthony Lane | The New Yorker “Is Scorsese the man for the interior? Is Silence fit to stand beside Robert Bresson’s Diary of a Country Priest, or Bergman’s Winter Light? It remains to be seen whether moviegoers who thrilled to the kinetic flourishes of GoodFellas and Casino will tolerate, or even recognize, a Scorsese hero who refuses to strike back. The agon of the central character, self-besieged or plagued by circumstance, runs through the history of the director’s films, as does the suspicion that man’s brutality to man may have a penitential purpose.” Being Annette Bening Dana Stevens | Slate “Bening has long been one of the rare performers who can alchemize base metals into precious ones. Some of her finest performances come in movies that couldn’t entirely be said to deserve them, and if her presence can elevate mediocre material, it can lift good scripts into the stratosphere. 20th Century Women has its flaws—as with Mills’ last film, Beginners, the characters’ criss-crossing emotional journeys can seem too swiftly and too neatly resolved to make for engaging drama. But Bening, playing an eccentric ’70s-era feminist closely based on the writer-director’s own mother, provides the story with an emotional core dense enough to exert its own gravity.” What Separates Casey Affleck From Nate Parker Anne Helen Petersen | Buzzfeed “Nate Parker wasn’t just his film’s male star: He was its auteur. Hollywood loves auteurs, yet it has a dearth of black ones. Parker was a godsend, as he wanted to tell the story of Nat Turner so much that he’d halted his acting career to make it at all costs. His face was on the poster. He was Birth of a Nation; Birth of a Nation was him. When it became essential to decry Parker, it also became essential to decry—and even boycott—his film. Affleck is the star of Manchester by the Sea, and the recipient of much of its praise, but certainly not all of it.” How Batman Helps Me Survive My Mental Illness Abraham Riesman | Vulture “Herein lies the unique conceptual framework that Batman tales offer. Bipolar II-induced depression is chronic. I've been ill for as long as I can remember, and probably always will be. I have plenty of good days, when life seems delicious and my tasks seem surmountable, but over and over again, I have the bad days, ones where the voices in my head—my own supervillains—tell me to give in to chaos. They’re recurring characters. Sometimes, I’m fighting one; other times, a few of them team up. I push back as much as I can: I go to therapy, I meditate, I medicate. The antagonists go away for a while. But they never permanently disappear.” The Rise of Science Fiction From Pulp Mags to Cyberpunk Jeff VanderMeer | Electric Literature “We hesitate to invoke the slippery and preternatural word influence, because influence appears and disappears and reappears, sidles in and has many mysterious ways. It can be as simple yet profound as reading a text as a child and forgetting it, only to have it well up from the subconscious years later, or it can be a clear and all-consuming passion. At best we can only say that someone cannot be influenced by something not yet written or, in some cases, not yet translated.” Does Westworld Tell a Truer Story Than a Novel Can? Stuart Kelly | The Guardian “Literature is one of our first attempts at simulating reality, and its characters offer necessarily simplified versions of the messy business of being a human. Philosophers, psychoanalysts, and neuroscientists have all called into question these notions that we cherish—will, self, choice, desire, recollection—but the novel has failed to keep up with these insights. I know myself that I do not know myself, that what I want is not what I choose to want, that the ‘me’ that was 11 is barely recognizable as the ‘me’ that is 44.” The Accidental Social-Media Artist Who Can’t Stop Falling Philippa Snow | Hyperallergic “My favorite of her videos is one where she falls amid absolute carnage in In-N-Out Burger. I don’t know if it’s the spooky tint of fast-food restaurant lighting, but her hair looks acid yellow. That her T-shirt’s tomato red can’t be an accident (being English, I was forced to use Google in order to ascertain that, yes, the colors of In-N-Out’s logo are yellow and red, the same as McDonald’s—and like ketchup and mustard, the fact of which only just hit me). I appreciate that she chose a fast-food chain with no clown, if only because some gestures are simply too obvious to be symbolic: goofier, even, than pratfalls.” Why Can’t They Make a Good Video-Game Movie? Jason Concepcion | The Ringer “The difficulty stems from the interactivity of games. A video game’s story is created, in large part, by the player, not the writer or level designer. Left 4 and Dead 1 and 2 are among my favorite games ever. The plot amounts to little more than a series of setups — four player-controlled characters must cooperate to travel through various urban and suburban environments infested with zombies. And yet, I have had experiences in that game — running for the transport chopper as a teammate was attacked by a boss zombie, hearing him scream ‘DON’T LEAVE ME!’ with real desperation in his voice — that felt like peering into a person’s soul. By translating that experience to the screen, you necessarily lose that interactive fourth dimension.” 24 Dec
The Atlantic's Week in Culture - Don’t Miss The Scare Quote: 2016 in a Punctuation Mark—Megan Garber traces the fascinating history of the double quotes, which have found new relevance in a year dominated by “post-truth” and “fake news”. Best of 2016 Zak Bickel / Katie Martin / Paul Spella / The AtlanticThe Best Books We Read in 2016—Atlantic staffers pick their favorite titles—some new, some classics, and some in between—from a year of reading. Our Favorite 31 Songs of 2016—The Atlantic’s writers and editors pick some of their favorite tunes from a year full of great music. The 50 Best Podcasts of 2016—Laura Jane Standley and Eric McQuade highlight the finest shows, from political analysis to horror series and more. The Best Movies of 2016—Christopher Orr looks back on the standout movies of this year, as well as some honorable mentions. The Best Television Shows of 2016—The Atlantic’s writers and editors discuss their favorite series in a year of Peak TV. The Best Books We Missed in 2016—Ann Hulbert, Sophie Gilbert, and Jane Yong Kim share some of their favorite titles, as well as the works their authors said they loved. Film ParamountAnd, Scene: Everybody Wants Some!!—David Sims focuses on a humorous moment from Richard Linklater’s throwback film, as part of an ongoing series. Passengers Is a Journey Best Skipped—Christopher Orr bemoans the confused new sci-fi film starring Jennifer Lawrence and Chris Pratt, which is a little bit of everything and a lot of nothing. And, Scene: Mountains May Depart—David Sims analyzes a significant moment from one of today’s most acclaimed Chinese filmmakers, as part of an ongoing series. Martin Scorsese’s Radical Act of Turning Theology Into Art—Emma Green reveals how the Catholic director’s portrayal of religious questions, like in his new film Silence, is rare for mainstream movies. Sing, a Sad Meditation on Show Business, for Kids—Sophie Gilbert reviews the strange new animated movie which stars Matthew McConaughey as a koala seeking a musical hit. And, Scene: Hail, Caesar!—David Sims examines a key moment from the Coen Brothers’ film, as part of a series looking back on the best movie scenes of the year. Hallmark Holiday Movies: The Quiz—Megan Garber sets up a trivia game for you to test your Christmas-film knowledge. And, Scene: The Lobster—David Sims revisits the moment from the Kafkaesque film when Colin Farrell’s character asks to be turned into the sea crustacean, as part of an ongoing series. When A Monster Calls, Just Ignore It—David Sims watches the disappointing new fantasy film from J.A. Bayona, which has Liam Neeson voicing a titanic tree creature. Television NetflixWhat Is The OA Actually About?—Sophie Gilbert unpacks the mysteries and riddles of Netflix’s mind-boggling new show. Hillary Clinton’s Political Afterlife on Saturday Night Live—Megan Garber recaps the NBC show’s spoof of Love Actually, which featured Kate McKinnon reprising her role as the former presidential candidate. What Glenn Beck’s Full Frontal Interview Says About Samantha Bee—David Sims explains how the controversial right-wing figure saw a lot of himself in the TBS show’s host. Music Eduardo Munoz / ReutersThe Curious Case of Nile Rodgers’s Rock and Roll Hall of Fame Award—Spencer Kornhaber discusses the legendary musician’s solo induction, which saw his band Chic snubbed for the eleventh time. Media Carlo Allegri / ReutersDonald Trump Makes War on Celebrities—Spencer Kornhaber unpacks the larger implications of the president-elect’s reaction to being snubbed by famous performers for the inauguration. The Lena Dunham Cycle of Internet Outrage—Megan Garber tackles the latest controversy surrounding comments made by the actress and director. 23 Dec
Donald Trump Makes War on Celebrities - The Celebrity Apprentice president’s latest PR problem is celebrities. For weeks, reports have indicated that his inauguration team has had trouble booking any star performers: “They are willing to pay anything,” one talent representative reportedly told TheWrap after being approached by Trump’s people. Elton John, Celine Dion, KISS, and Andrea Bocelli are among those who’ve publicly rejected rumors that they’d play the swearing-in celebrations; right now, the confirmed lineup of recognizable performers is the 16-year-old America’s Got Talent contestant Jackie Evancho, the Mormon Tabernacle Choir, and the Rockettes.   Last night, Trump seemed to confirm Hollywood and he weren’t making nice, tweeting, “The so-called ‘A’ list celebrities are all wanting tixs to the inauguration, but look what they did for Hillary, NOTHING. I want the PEOPLE!” It was a remark that flipped the publicized dynamic (Trump’s team approaching A-listers got swiveled the other way around) for a mix of self-congratulation and insults—a familiar maneuver by now. But the tweet also, tellingly, attempted to draw a dividing line between “the PEOPLE” and the entertainment world, making for his latest divide-and-conquer attempt against American popular culture. “The PEOPLE” that Trump speaks of are, of course, also the reason any given famous person is famous; celebrities reflect their culture. And when it comes to widely beloved musicians of the sort that typically headlines an inaugural event, career success is especially a sign of public affection. Yet the celebrity class by and large has presented obstacles for Trump—and Trump seems to be trying to weaken its sway over “the people,” as he has tried to do for the media, as he has tried to do for his political opponents. One way to go about the task is by simple debasement. When Trump says that Hamilton is overrated, or that SNL is unwatchable, or that Lena Dunham has “no mojo,” he’s technically not talking politics—he’s making a direct attack on the things that make any of these entities worth paying attention to, their entertainment value. He’s doing something similar in conjuring the image of celebrities begging for inaugural tickets and in mocking their inability to get Hillary Clinton elected. The access, the glamour, the power, the dignity associated with celebrities? All hoaxes, he says. He’s also attempting to elide the notion of entertainment as a mirror to America by suggesting that in fact popular culture is alienated from the populace. It’s an easy and old argument. Celebrities do live different lives from average Americans. And the fact that Hollywood aligned with the losing presidential candidate, on its face, does not speak for it being in-touch. But in this arena as in others, the nagging problem with his claim to a mandate remains: It’s difficult to say “the People” are wholly on his side when entertainers did in fact speak for a majority of voters, to the tune of 3 million ballots. Even Middle America’s megastars have not mobilized for Trump.He’s also trying to escalate the culture wars, attacking a group of influencers who, it’s clear, doesn’t hold as much sway in the places that elected him—places where the term “Hollyweird” is thrown around and where boycotting Beyonce isn’t a joke. But the vexing fact for him is that so far, most Middle America megastars have not mobilized for Trump. Where is, say, the country-music establishment on the inauguration lineups? Though Big & Rich will take the stage in D.C. at a Recording Industry Association of America fundraiser on Jan. 20—member John Rich won a season of Celebrity Apprentice—the genre’s top tier so far has been mostly silent, with Garth Brooks apparently declining to play. The reason for that might be that such musicians are in fact politically separated from many of their listeners, or it may simply be a calculation to avoid controversy. Because even the most seemingly apolitical performers are running into controversy by showing up for Trump, more than they would for most any previous president-elect. On Thursday, Madison Square Garden Company chairman James Dolan announced that The Rockettes—a New York City fixture with wide appeal, steeped in mid-century nostalgia and catering to visitors from outside the city—would perform for Trump. Immediately, individual dancers began to dissent. “The women I work with are intelligent and are full of love and the decision of performing for a man that stands for everything we’re against is appalling,” one wrote on Instagram. An email from the Rockettes’ union to the performers admonished that they are required to do the job: “You are all employees, and as a company, Mr. Dolan obviously wants the Rockettes to be represented at our country’s Presidential inauguration, as they were in 2001 & 2005.” The email added, “The ranting of the public is just that, ranting.” But it’s clear that the problem was not only the public. On Facebook, the dancer Amanda Duarte shot back that most of the Rockettes don’t want to perform, writing “It’s perfect, actually. What could be more fitting for this inauguration than forcing a group of women to do something with their bodies against their will?” The conflict shines a different light on Trump’s rhetoric pitting entertainers vs. “the PEOPLE.” In the Rockettes’ case, a famous business interest has decided to align itself with the president-elect, while the rank and file—the people—squirm. 23 Dec
When A Monster Calls, Just Ignore It - Every Christmas season, there’s at least one film that rumbles into theaters with the sole purpose of yanking tears from its most cold-hearted viewers. Enter A Monster Calls, a story about a young boy wrestling with his mother’s terminal illness. In a way, the film succeeds; it’s hard not to get choked up at a premise like that. But as the movie rumbled toward its inevitably devastating conclusion, the chief emotion I felt wasn’t sadness but annoyance at the dashed grander potential. A Monster Calls is a visually inventive piece of magical realism that sets out to unravel the cloying narratives people often weave around their own grief. It mixes the intimate sorrow of 12-year-old Connor (Lewis MacDougall), whose mother Lizzie (Felicity Jones) is dying, with the painterly CGI extravaganza of a titanic tree monster (voiced by Liam Neeson) who visits Connor in the night to tell him strange folk stories. Directed by J.A. Bayona (the Spanish filmmaker behind the artful horror movie The Orphanage and the overwrought disaster epic The Impossible), A Monster Calls is at once trying to subvert children’s fairytales and become a classic in that genre. But it ends up succeeding at neither goal, instead leaning on obvious, manipulative storytelling tactics to ineptly tie its two narratives together. Bayona’s The Orphanage was a fine haunted-house movie, and A Monster Calls could honestly benefit from more subtle menace, given that its best moments are its most quiet. As his mother spends much of her time in the hospital, Connor moves to his grandmother’s manse, which is creepily decorated with porcelain dolls and not-to-be-touched antiques. Bayona conjures something gently unsettling from Connor’s life with his stuffy grandma (played, with a regrettable English accent, by Sigourney Weaver), but whatever nuance he might be aiming for is quickly dispensed with when a giant tree monster rips off Connor’s bedroom wall and starts talking to him. The dynamic between Connor and the monster is simple: The monster says he will tell Connor three stories and then will want a story in return. Neeson lends his gravelly Irish brogue to the creature, but these scenes feel disappointingly weightless otherwise. The monster might roar, grab Connor with his spindly limbs, or even smash property around him, but his emotional impact is negligible, and his purpose in Connor’s life is kept shrouded in mystery for too long. Their relationship is openly antagonistic for most of the film. Connor doesn’t understand why the monster keeps bothering him at night, since all he wants is help for his mother. The monster’s repeated mentions that he will eventually need “a story” from Connor ultimately make the purpose of their encounters depressingly clear: This creature of the subconscious is trying to get Connor to realize, and acknowledge, some dark truths. Over the film’s 108-minute running time, Connor and the monster bark the same demands at each other, to little avail. It’s no surprise A Monster Calls is based on a children’s book: The narrative is so simplified the movie exhausts itself trying to keep a minimum level of momentum until its conclusion. A Monster Calls is a tear-jerking mishmash, a collision of high fantasy and sobering reality.Outside of his relationship with his mother, viewers get very little sense of what Connor is like as a person. A schoolyard bully repeatedly taunts him for having his head in the clouds, which seems implausibly cruel even by the standard of 12-year-old boys, given that his mother’s illness is public knowledge. The oppressive dreariness of Connor’s real life might work if it were balanced against something more fantastic, but the monster’s scenes are bland and devoid of humor or childlike wonder. Bayona’s visual sense does come to life in depicting the monster’s fables. Each one is a warped version of a bedtime story, where the heroes and villains seem indistinguishable (Connor’s frustration with his colossal companion comes in part from his disappointment with the tales). Though their purpose to the larger narrative is vague, the stories—rendered in vivid, eerie watercolors—are the most arresting part of the movie. When Connor’s “story” finally arrives, however, in the form of a terrible nightmare, it’s drawn-out and far too reliant on crummy CGI, lacking both the magic of the animated sequences and the heartbreaking fact of his mother’s illness. The ending still hits home—of course it does, given the upsetting subject matter and the skill of the actors involved (MacDougall makes for a fine young foil to Jones and Weaver). But it’s a poignant blow that the movie doesn’t come close to earning. A Monster Calls is a tear-jerking mishmash, a collision of high fantasy and sobering reality that can’t build its disparate elements into something greater. If you’re looking for a good holiday cry, it’ll likely do the trick; but you may walk out of the theater feeling that its emotional gut-punch was more of a sucker punch. 23 Dec
And, Scene: The Lobster - Over the next two weeks, The Atlantic will delve into some of the most interesting films of the year by examining a single, noteworthy moment and unpacking what it says about 2016. Today: Yorgos Lanthimos’s The Lobster. (The whole “And, Scene” series will appear here.) The “choice” that forms the premise of The Lobster is like a curdled Buzzfeed quiz, or a cute personality test from the back of a magazine, that’s been placed in the hands of a Kafkaesque bureaucracy. In the world of the Greek director Yorgos Lanthimos’ fifth film (his English-language debut), anyone who isn’t married by a certain age gets turned into an animal and released into the wild. As the deadline for transformation approaches, the remaining singletons gather in a resort hotel where they’re given 45 days to find a partner. On the plus side, if they can’t, they at least get to choose what animal they want to be for the rest of their lives. The Lobster is set in a dystopia as dense and in need of exposition as some of 2016’s biggest sci-fi franchises, and an early scene provides exactly that. The hotel’s manager (Olivia Coleman) sits down with the protagonist David (Colin Farrell) to psychologically prepare him for possibly not finding a mate. “The fact that you’ll turn into an animal if you fail to fall in love with someone during your stay here is not something that should upset you, or get you down,” she says. “Just think: As an animal, you’ll have a second chance to find a companion.” It’s an darkly apt message for a year when apocalyptic predictions have become as common as emoji. Things may seem dire to some in the wake of a horribly divisive election, but think of the ratings! (There’s something laughably unsatisfying about such silver-lining thinking, especially in 2016.) Though the world of The Lobster has the aesthetics of a post-Soviet state, its internal logic is more reminiscent of Gary Shteyngart’s novel Super Sad True Love Story, where romantic partnerships are based on superficial online personae and manic obsessing over one’s own flaws. The rules of The Lobster are clear, even if why they exist is harder to crack. For David, the choice is clear—if he fails to find love, he wants to be a lobster. “Lobsters live for over 100 years, are blue-blooded, like aristocrats, and stay fertile all their lives,” he intones. “I also like the sea very much. I water-ski and swim quite well, since I was a teenager.” Farrell lists his interests with a robotic lack of feeling. His wonderful performance in the film is almost alien-like: He’s emotionally stunted as everyone else in Lanthimos’s cruel world, but nonetheless he clearly yearns for affection and partnership. Of course, Lanthimos is satirizing the brutality and horror of searching for romance (not unlike the “dating-app fatigue” my colleague Julie Beck wrote about this year). The Lobster’s hotel is Tinder writ small, with the same singletons bumping into and rejecting each other over and over again for the littlest reasons. One guest (Ben Whishaw) obsesses over his limp, which he acquired when trying to locate his mother at a zoo (she had been turned into a wolf). Another (John C. Reilly) is doomed by his lisp. David is worried that his own brother, who now accompanies him everywhere in dog form, makes him seem doomed. Outside of the hotel, unwed folk who fled to avoid their transformations roam the grounds, a horde of non-conformists fated to live apart from society. Lanthimos, whose stories always have a strange period tone to them, never directly analyzes the foibles of the modern world. But his films address the pernicious flaws of the today’s performative culture better than anyone. In Dogtooth (2009), three adult children raised in an enclosed compound and who have never seen the outside world grow violently obsessed with a secreted pile of VHS tapes, defining their rebellion in terms of the pop culture they’re suddenly inhaling. In Alps (2011), a group starts a business where they impersonate the recently deceased to help people through the grieving process. There’s no artist who better understands the fictitious worlds and personalities we build around ourselves, whether for protection or as a weapon. The Lobster is also incredibly, drily funny, with unmistakable visuals (just watch this “dance” sequence) and strange, flat dialogue. In the hotel of the film, being basic practically amounts to criminality, as its owner notes when she congratulates David on his unusual choice of creature in the introductory scene. “The first thing most people think of is a dog, which is why the world is full of dogs,” she says with a sigh. How better to mock the supreme superficiality of today’s online life, where people enjoy boiling themselves down to one broadly defined trope, be it a spirit animal or a Hogwarts house? The meta-textual joke came full circle when The Lobster was released. Its official website lets you take a quiz to find out what animal you’d turn into; I, of course, got a dog. Previously: Everybody Wants Some!! Next: Weiner 23 Dec
The Scare Quote: 2016 in a Punctuation Mark - Earlier this month, the New York Times reported on Richard Spencer, the white nationalist who is a leader of the alt-right movement. Spencer, the paper noted in its summary, “calls himself a part of the ‘alt-right’—a new term for an informal and ill-defined collection of internet-based radicals.” The Times, in this instance, used quotation marks to make clear that “alt-right” is not just a term of discussion, but a term of contention: Do not, the floating commas make clear, take this at face value. The story was one more piece of writing that relied on humble quotation marks, during and especially in the aftermath of an election that so often framed facts themselves as matters of debate, to do a lot of heavy lifting—not just as indications of words that are spoken, but as indications of words that are doubted. “Alt-right,” in recent months, joined “fake news” and “post-truth” and “politically correct” and “identity politics” and “normalization” and many, many other buzzterms of this contentious political moment: It got, in the media, scare-quoted. Scare quotes (also known, even more colorfully, as “shudder quotes” and “sneer quotes”) are identical to standard quotation marks, but do precisely the opposite of what quotation marks are supposed to do: They signal irony, and uncertainty. They suggest words that don’t quite mean what they claim to. “Question,” they say. “Doubt,” they dare. They are, as Greil Marcus recently said, “a writer’s assault on his or her own words.” They signal—really, they celebrate—epistemic uncertainty. They take common ground and suggest that it might, but only just “might,” be made of quicksand. Quotation marks are “one of the great achievements in human history.”That signaling is relatively new, though, and in its own way ironic. Quotation marks, for much of their history, represented precisely the opposite of all that chaos: They suggested, even promised, rationality and objectivity—the triumph of the written word as a means of mediating the world. They developed, the linguistic anthropologist Ruth Finnegan argues in her 2011 book Why Do We Quote? The Culture and History of Quotation, in response to the modernist notion that ideas could be separated from their authors and their speakers—and were so significant in that regard, she notes, that many have seen them as “one of the great achievements in human history.” But quotation marks’ ironized permutations are decidedly less great. Those little, hovering semicircles, doubled and curved and opened and closed, suggest not an ordered world, but its inverse: instability, uncertainty, the lack of an axis. In that, scare quotes are elegantly revealing of the moment that gave rise to them. They are the punctuation of the post-truth “post-truth” age. Quotation marks vary, in their appearances, across languages. German has „“, and » «, and ‹ › to indicate quotation; it also, along with French, Spanish, Italian, Vietnamese, and many more languages, uses the « », or guillemets (named after the 16th-century French printer Guillaume Le Bé). Those marks, like their English counterparts, all evolved from a single origin: the ancient Greek mark known as the diple (“double”). It looked like this: >. And it was added to the margins of texts not to suggest quotation, but rather to signal significance—a kind of proto-underlining. In the same way that many scare quotes today are used, delightfully, simply to call attention to a word or phrase or name—“Happy Birthday, ‘Stephanie,’” a card will say, probably not meaning to cause poor Stephanie existential anxiety; “‘Food & Beverage,’” a sign will announce, pointing the way to the “edible” goods—the diple served to draw attention to a document’s most important words and sections. It persisted in that role for centuries, even after the advent of print. (Gutenberg’s Bible, notably, features no quotation marks.) It was the rise of the novel in the 18th century, Finnegan argues in Why Do We Quote?—and of romanticism, with its emphasis on the value and the validity of the individual voice—that helped quotation marks to take their modern form. As literature (and, with it, literacy) spread, printers availed themselves of a graphical variation of the diple—still doubled, but with the hash marks now separated—to indicate the authors’ reporting of others’ experiences. The new marks may well have been, Finnegan notes, “a necessary part of modernization, with its ability to separate out the words of others within a logical system that facilitates abstraction and precision.” They arose with democratization—and are, in many ways, necessary for democracy. They allow people to talk to each other, and a nation to talk to itself. Related Story Have We Hit Peak Punctuation? :( Not so scare quotes. The ironized version of the ancient invention is a distinctly 20th-century phenomenon. The Oxford English Dictionary’s first recorded use of “scare quote” came in 1956, from the Cambridge philosophy professor Elizabeth Anscombe, a young colleague of Ludwig Wittgenstein’s, in an issue of the journal Mind: “So nothing is or comes about by chance or ‘whichever happens,’” Anscombe wrote, of Aristotle’s text. She then clarified: “‘Whichever happens ’: the Greek phrase suggests both ‘as it may be’ and ‘as it turns out.’ ‘As the case may be’ would have been a good translation if it could have stood as a subject of a sentence. The “scare-quotes” are mine; Aristotle is not overtly discussing the expression ‘whichever happens.’” The next year, in his Mental Acts: Their Content and Their Objects, Peter Geach, Anscombe’s collaborator (and, also, her husband), repeated the term: “There is indeed a particular tone of voice that is conventionally represented by using quotes,” Geach wrote, “as in ‘He introduced me to his “wife”’; but such quotes (which are sometimes called ‘scare-quotes’) are of course quite different from quotes used to show that we are talking about the expression they enclose.” Geach continued: “In this work I have tried to follow a strict rule of using single quotes as scare-quotes, and double quotes for when I am actually talking about the expressions quoted.” But then! To that last sentence the logician added a footnote: “There is very little practical risk of confusing the two uses of quotes,” Geach confessed, “so [the] reader may find this precaution rather like the White Knight’s armoring his horse’s legs against possible sharkbites. But once bitten, twice shy—I have actually been criticized in print for lack of ‘rigor’ because I used scare-quotes in a logical article without warning my readers that I was doing so.” Scare quotes suggest that the atomic unit of democracy—the word, with a commonly understood meaning—may no longer be fully stable.So Geach, one of the coiners of “scare quote,” warned against its misuse in the very act of coining the term. Geach tried to distinguish, graphically—single quotes meaning one thing, double meaning another—between quotes that are used simply to designate the declaration of terms and quotes that are used to signal the debate of those terms. He seemed to have anticipated, almost, how his coinage would become weaponized in the decades that followed—how scare quotes would have, as the Columbia Journalism Review noted in 2013, “exploded in recent years, being brought to bear especially in politics, as ‘liberal’ and ‘conservative’ campaigns used their own ‘scare’ tactics.” Geach couldn’t have anticipated the current moment of truthiness and post-factiness and generalized political postmodernism. Yet he seems to have hazily foreseen the media outlets serving up heady, hedged reports about the emboldening of the “alt-right.” And offering heated, but also notably lukewarm, discussions of “white supremacists.” And of “identity politics.” And of “fake news.” What, exactly, do the quotes around those terms mean—and how, exactly, do they affect the words that are coddled and/or stifled in their doubling embrace? What does “fake” mean, precisely, when applied to news? Invented? Incorrect? What about “‘fake’”? When the term “alt-right” comes to the American public swaddled in ironic quotation marks, should we be soothed … or, indeed, as Elizabeth Anscombe warned, scared? The answers are—and this is the problem—unclear. Scare quotes, used for purposes of mordancy or obscurity or something in between, are inherently ambiguous. They are ironic in the most basic sense—they say one thing while meaning another—but they are ironic, too, in a broader way: They inject doubt into the action of the saying itself. They can confuse readers, and can whiff of intellectual indolence. (“The scare quote,” Jonathan Chait wrote in The New Republic, in 2008, “is the perfect device for making an insinuation without proving it, or even necessarily making clear what you’re insinuating.”) A 2010 parody of science journalism in The Guardian summed it up like so: “In this paragraph I will state the main claim that the research makes, making appropriate use of ‘scare quotes’ to ensure that it’s clear that I have no opinion about this research whatsoever.” Or, as Keith Houston, the author of Shady Characters: The Secret Life of Punctuation, Symbols, and Other Typographical Marks, told me: “I’ve heard scare quotes described as tongs.” They allow for a kind of moral distancing—for someone to touch a contentious idea without fully engaging with it (or, indeed, getting dirty by association). Scare quotes can also, on the other hand—invoking the “sneer” more than the “scare”—suggest partisanship on the part of the scare-quoter. To put terms like “identity politics” or “rape culture” or, yes, “alt-right” in scare quotes is not just to highlight those terms as matters of open debate, and thus to place them within the sphere of legitimate controversy; it is also to make, in that placement, a political declaration. Scare quotes can be inviting to some readers and alienating to others. In 2014, Slate declared hashtags to be “the new scare quotes” (on the grounds that both devices represent “a strategy for announcing distance”); the comparison proved apocryphal, but it did highlight the way the sharing of irony, whether by way of hovering commas or cross-hatched little lines, can signal, and serve, the niche at the expense of the collective. When the term “alt-right” comes to the American public swaddled in ironic quotation marks, should we be soothed … or, indeed, scared?So what’s to be done to mitigate that? One solution could be to replace the scare quote with another fraught-but-also-comparatively-less-fraught device: the hyperlink. Digital writing, instead of scare-quoting “alt-right,” could simply link to the comprehensive and nuanced definitions of the movement provided by the Southern Poverty Law Center, or the Anti-Defamation League, or even Wikipedia. They could point to this video of the alt-right in action. Another solution could be to follow the advice of the literary critic I.A. Richards, who in 1968, a decade after Peter Geach’s attempt to streamline the meanings of quotation marks, declared that “we overwork this too serviceable writing device,” and tried to introduce more specific options into the English vernacular. (Richard offered nine iterations, all of them adopting the open-mark/closed-mark formula, including “?— ?” (indicating the sense of a query), “i — i” (indicating ambiguity), and “! — !” (indicating a tone of disbelief—the contemporary sense of the scare quote). Or you could just adhere to the words of the Associated Press, which allows, in its guide to discussing the “alt-right,” that the term “may be used in quotes or modified as in the ‘self-described’ or ‘so-called alt-right’ in stories discussing what the movement says about itself,” but which also cautions to avoid using the term generically and without definition, however, because it is not well known and the term may exist primarily as a public-relations device to make its supporters’ actual beliefs less clear and more acceptable to a broader audience. In the past we have called such beliefs racist, neo-Nazi, or white supremacist …. We should not limit ourselves to letting such groups define themselves, and instead should report their actions, associations, history, and positions to reveal their actual beliefs and philosophy, as well as how others see them. Language, certainly, evolves, and in many ways it bends toward ambiguity. So scare quotes, to be sure, are in one way simply a part of the same movement that found “literally” now meaning both “literally” and “not at all literally,” and that finds 🙏  suggesting both praying and high-fiving, and that allows 👯   to suggest both two gals, twinning, and two Playboy bunnies, bunnying. Words and the things they wear to be fit to be seen in public are complicated and stubbornly dynamic; quotation marks that have been repurposed to indicate debate rather than declaration are in one way just another, innocuous reminder of that. But—and here is the “to be sure” to the “to be sure”—those little marks, hovering miasmically over our civic discourse, also suggest, in the aggregate, the unsettling fragility of language. Scare quotes aren’t just about distance; they’re also about disruption. They are a little bit belligerent, and a little bit anarchic. They want to destabilize, to make us question the things we thought we shared—indeed, to question who the “we” really is in the first place. Scare quotes suggest that the atomic unit of democracy—the word, with a meaning that is commonly understood—may no longer be fully stable. If words needn’t be taken literally, after all, how, exactly, can they be taken? And if we can’t agree on the meanings of words, then what else, really, can we—can “we”—possibly hope to agree on? 23 Dec
The Best Books We Read in 2016 - Roadside Picnic by Arkady and Boris Strugatsky Chicago Review PressRoadside Picnic is a book about aliens in which no aliens appear. Rather, one character hypothesizes, aliens seemed to have zipped carelessly around Earth and strewed it with trash—like roadside picnickers leaving behind wrappers and empty bottles. The scientists, smugglers, and other profiteers so drawn to these alien objects are but ants crawling through the picnic crumbs. Is this a book that makes you contemplate the smallness of humans? Absolutely. Don’t be fooled by the seemingly breezy title. Roadside Picnic was first written in Russian in 1972, and it is the very loose inspiration for the movie Stalker. An afterward to the 2012 English translation describes Soviet efforts to censor the book, which seems somehow newly relevant in America. Book I’m hoping to read before 2017 arrives: The Long Ships by Frans G. Bengtsson — Sarah Zhang, staff writer Under the Harrow by Flynn Berry Flynn Berry’s debut novel Under the Harrow plunges the reader into the mind of a woman who heads to small-town England to hang out with her sister—only to find she’s been murdered. Stunned and sickened, she encamps at a local inn to find the killer. The result is a brisk and chilling psychological study about grief, paranoia, and memory; a smart portrait of a complex sibling relationship; and, more than anything, an effective murder mystery. PenguinThe book is also a very good, very quiet work of political art. By now, crime fiction is so littered with the bodies of women that The Kroll Show’s sketch “Dead Girl Town” doesn’t have to explain its joke; in so many stories, a particular gendered tragedy has become a cheap trope. But Under the Harrow vests liveliness, agency, and believable flaws into its murder victim as her sister combs through her memories. More than that, Berry takes some of the big social struggles that have animated the feminist movement and makes them specific and personal, exploring the rippling effects of power imbalances across individual lives. There’s nothing pedantic about the taut, tricky narrative, though. Like solving the whodunit, finding the bigger meaning is simply a matter of paying attention. Book I’m hoping to read before 2017 arrives: Children of the New World by Alexander Weinstein — Spencer Kornhaber, staff writer Ghettoside: A True Story of Murder in America by Jill Leovy Late in this book, a homicide detective voices the idea that there is no higher or better purpose to policing than responding to crime. Responding, not preventing—this is key. And controversial, right? Isn’t the point of the police, after all, to maintain law and order? Spiegel & GrauJill Leovy’s masterful volume, filled with hard-won insights from her years as a crime reporter for the Los Angeles Times, is billed as a book about homicide, but the implications of Leovy’s argument reach much further. That argument is laid out very clearly from the get-go, and its airtight logic is given weight and texture by the tragic stories to which Leovy and her protagonists bear witness. If there are few crimes more serious than murder, and black and brown people can be murdered with few consequences for their killers, they will be killed more often, and their unavenged deaths will rot any chance of faith in their would-be protectors. Anyone who read David Simon’s Homicide: A Year on the Killing Streets (or, yes, watched the TV shows it inspired) will recognize Leovy’s book as a sort of sequel. Like Leovy, Simon wrote his opus after years reporting on his city’s homicide detectives for the local paper. Both books tell rich and lively stories with vivid protagonists fighting enormous pain. But Ghettoside builds more forcefully to its conclusions, while Homicide tends to leave readers to draw their own. In some ways, Leovy has completed the book that Simon began. No other book has animated my thoughts more this year. Book I’m hoping to read before 2017 arrives: Lagoon by Nnedi Okorafor — Matt Thompson, deputy editor The Yiddish Policemen’s Union by Michael Chabon This has been a year of what if? in American politics. What if Trump wins? What if, when he wins, he puts into place the policies he has advocated, such as religion-based restrictions on Muslim immigration? What if online trolls feel more empowered to spew their anti-black, anti-Muslim, anti-Semitic, anti-everything rhetoric—or actually gain real power? HarperThe Yiddish Policemen’s Union is a book for a what if time. It’s set in a world in which the Holocaust and the creation of the state of Israel turned out differently: Instead of settling in the Middle East, Jewish refugees moved en masse to Alaska. Inevitably, the Jews are asked to leave—and their worst fears are realized. But these bad times are also morally ambiguous: The good guys are never fully good guys, the bad guys never fully bad. Ultimately, the Jews of Sitka, Alaska, learn that they are helpless in the face of what if coming true, that there will always be more bad times. The goal isn’t to remake the world, Chabon seems to argue, but, rather, to survive it. And his greatest insight is that it’s possible to find humor in catastrophe—speaking Yiddish, along with a sip of slivovitz, makes the end of the world much easier to take. Book I'm hoping to read before 2017 arrives: How to Be Both by Ali Smith — Emma Green, staff writer You’ll Grow Out of It by Jessi Klein Grand CentralOkay, so this book is not exactly belles lettres. I picked it up while I was working on a difficult, serious story earlier this year, and I needed something to do in the evenings that wasn’t biting my nails into a glass of wine, then drinking said wine. I was also going through Amy Schumer withdrawal, and Jessi Klein is the head writer on her Comedy Central show. You’ll Grow Out of It happens to fall into my favorite genre (memoir) by my favorite type of person (funny women). It also contains my favorite description, to date, of a “type” of romantic partner: “Anything that suggests someone who has just barely evolved past having paws gets my blood flowing.” Sure, it may be a beach read for women who don’t get to the beach much. But Klein did have me laughing to myself on the Metro, my personal bar for memoir greatness. Books are supposed to challenge you and expand your worldview, but this one is more like a reassuring hug after a hard day—for me perhaps especially, since it’s about a risk-averse writer who goes through a lot and makes it in the end. Book I’m hoping to read before 2017 arrives: ​Strangers Drowning by Larissa MacFarquhar — Olga Khazan, staff writer Loren Eiseley: Collected Essays on Evolution, Nature, and the Cosmos Library of AmericaA mentor of mine gave me this two-volume set as a gift. It was a handsome Library of America edition, black and glossy, with an early hominid skull on one side and an exploding star on the other. “No one has ever managed to make the pursuit of knowledge feel more soulful or more immediate than Loren Eiseley,” went the blurb. Intrigued, I dipped into the first essay. It was a small thing about a visit to a local canyon, but the prose was astonishing. In addition to his work as an essayist, Eiseley was an accomplished poet. He had a remarkable ability to slip back and forth between the immediacy of a single moment and the span of geological time. Sometimes he did this all in one graceful sentence. A trained paleontologist, he seemed to have the whole of the fossil record at his ready command. And he had an eye to the cosmic. “Somewhere out in that waste of crushed ice and reflected stars the whole of space might be locked in a silvery winter of dispersed radiation,” goes one line. Eiseley’s style was clearly an influence on other writers I have come to admire, John McPhee in particular. And yet somehow his work has become obscure in recent years—or, at least, obscure to me. I have done my best not to rush through his essays. Instead, I’ve been savoring them, reading one every morning, or just before bed, the way you might read a devotional. More than the best book I read, the collection was the best gift I received all year.   Book I’m hoping to read before 2017 arrives: At the Existentialist Café: Freedom, Being, and Apricot Cocktails by Sarah Bakewell — Ross Andersen, senior editor The Sound of Things Falling by Juan Gabriel Vásquez In his novel The Sound of Things Falling, Juan Gabriel Vásquez leaves the reader in the hands of a convalescent narrator named Antonio, who has been traumatized by the violence spurred by the Colombian drug war. Having survived a shooting that claimed the life of his friend, Antonio is now compulsively preoccupied with the day the incident happened. RiverheadUnlike his countryman Gabriel García Márquez, Vásquez does not employ magic to tell a story; he uses phantom pain. And yet, there remains something of an occult tone to Vásquez’s Colombia—the abandoned spoils of Pablo Escobar’s empire, the oppressive humidity of the deep jungle, the dim, cobbled streets on the fringes of Bogotá—that is reminiscent of a Thomas Cole painting. It’s amid this dense landscape that Antonio engages in the “damaging exercise of remembering.” I sought out Vasquéz because I wanted respite from real-life stories of moral failings, the killings of unarmed men, and power-hungry demagogues. Though I found all three in The Sound of Things Falling, I also took solace from his treatment of the memory of these things—not as a salve to tragedy, but as a necessary way of framing one’s place in history. Book I’m hoping to read before 2017 arrives: We Gon’ Be Alright: Notes on Race and Resegregation by Jeff Chang — Jordan T. Jones, associate editor When Breath Becomes Air by Paul Kalanithi Random HouseIn a year when it sometimes felt like the world was coming apart, the gifted surgeon and scholar Paul Kalanithi's memoir of living and dying, When Breath Becomes Air, helped me to hold the pieces all together. Though it has terrible loss at its core—Kalanithi wrote it as he faced terminal lung cancer in his mid-30s—its fundamental message is that we must live while we can. To write a book and to have a child when death hangs over you—these are acts of love, acts that outlast our own time on this earth. At the memoir’s end, Kalanithi’s wife Lucy offers up an epilogue that is, to me, perfect. Full of love and sadness, she describes their final hours together as a family, of the days following his death, and of her life since. “For much of his life,” she writes, “Paul wondered about death—and whether he could face it with integrity. In the end, the answer was yes.” What I learned, in reading the book, is what doing so looks like: It looks a lot like living. Book I’m hoping to (re-)read before 2017 arrives: Stones From the River by Ursula Hegi — Rebecca J. Rosen, senior editor The Wonder by Emma Donoghue The Wonder is told from the perspective of Lib, a brisk, no-nonsense, and thoroughly rational nurse in Victorian England who travels to Ireland to consider a baffling case: an 11-year-old girl who refuses to eat but apparently has been surviving on nothing but sunlight and faith. A faction of people in the town believe the girl, Anna, is proof of a genuine miracle unfolding before their eyes. Lib is naturally skeptical. “Had the doctor’s gullibility spread like a fever among these important men?" she wonders. Little BrownSlowly, and with remarkable skill, Donoghue builds her story before revealing its innumerable layers. The simple question of whether Anna represents a miracle or a fraud is complicated by the larger conflicts manifesting around her: battles between science and religion, duty and instinct, doubt and faith, men and women. Unexpectedly, The Wonder leads toward an ending that’s both suspenseful and moving, where all the pieces of the novel fall sharply into place. It’s perhaps a stranger work than Donoghue’s 2010 hit Room, and Lib is a pricklier and less endearing narrator than four-year-old Jack. But The Wonder is clear-eyed in its treatment of centuries-old societal conventions and subtle in its analysis, all while making its point that none of this matters when the life of a child is at stake. Book I’m hoping to read before 2017 arrives: The Lesser Bohemians by Eimear McBride — Sophie Gilbert, staff writer Death’s End by Liu Cixin The secret fact about science fiction is that most of its substance comes not from the future, but from the present. The genre has served as one of the greatest vehicles for social and political allegory over the past century, and through our culture’s corpus of sci-fi can be seen our sense of what’s possible and who matters. TorIt follows, then, that reading science fiction from beyond our borders might grant insights. Nowhere is this more evident than in America’s fumbling, frosty relationship with China. English translations of Chinese science fiction are hard to come by, but luckily the last book in perhaps its greatest genre trilogy is now available in English. Liu Cixin’s Death’s End is masterful, picking up complex narratives from the two previous books in his Three-Body Problem trilogy. It’s got all of the complex realistic engineering of “hard sci-fi” writing and the elegance, weirdness, and metaphysics of space operas, while remaining at its heart a character-driven story about duty and time. Most notably, it’s amazing to fathom a future in which China and its cultural values take the center stage as opposed to American ones. The final book in Liu’s trilogy is a must-read, and Hugo-award-winning author Ken Liu steps in to provide an excellent translation. Book I’m hoping to read before 2017 arrives: Swing Time by Zadie Smith — Vann Newkirk, staff writer Extracting the Stone of Madness: Poems 1962-1972 by Alejandra Pizarnik In 2015, I heard the novelist Valeria Luiselli read from Alejandra Pizarnik’s diaries at a Music & Literature event and was blown away by the thoughtful interiority—by turns delicate and brutal—of this Argentine poet, who died of an intentional drug overdose at the age of 36. The poems in this new collection, translated by Yvette Siegert and published earlier this year, show a preoccupation with the space—not so large, but also interminably vast—between the workings of the mind and those of the natural world. “Even if I say sun or moon or star, this is still about things that happen to me,” she writes. New DirectionsPizarnik employs vivid, fragmented language, often in almost wearying repetition, to explore the shape of solitude and its frequent bedmate, sanity. Hues gain agency (“the colors scratch against the silence and make decaying animals”), while from page to page, little figures pop up—sometimes as paper dolls (cut “out of green and red and sky-blue paper”), sometimes as flesh-and-blood girls. Pizarnik would seem to be posing the question: Is true expression to be found in the made-up or in the real, in the messy fog of introspection or in the clear outlines of the observable world? By threading an erratic but lively heartbeat through her recursive lines, she achieves, beautifully, what she once called the “precise expression of a profuse state of confusion.” Book I’m hoping to read before 2017 arrives: A Floating Chinaman: Fantasy and Failure Across the Pacific by Hua Hsu — Jane Yong Kim, senior editor Swing Time by Zadie Smith Zadie Smith is sometimes referred to as a “comic novelist.” That’s because her writing can be funny, but it’s also, I think, because she has the kind of deftness with time so often associated with comedians. She constructs sentences that weave and wind and end, abruptly, in unexpected punchlines. She exploits the anticipatory power of the awkward pause. Her fiction, often, works as a whirligig: She’ll plant a name or an insight or a joke, and only hundreds of pages later—whir, whir, whirl—will it fully make its sense. Penguin PressSwing Time (the title refers variously to jazz and Fred Astaire and the arcing movements of history) is a novel about dancing, and it's hard to imagine a more fitting union of author and subject; this is a book that has been choreographed as much as written. In it, a series of couples move, together, through time: the unnamed narrator and her childhood best friend, joined, in the 1980s, by their shared love of the stage; the narrator and her politically ambitious mother; the narrator and her eventual boss, a Madonna-esque pop star who is building a school in an unspecified country in West Africa; the narrator and London; London and New York; wealth and poverty. The two, all the twos, pair and part and whir and whirl to Smith’s distinct music. Swing Time is, I should warn you, a melancholy novel; rhythm, it acknowledges, comes not just from exuberance, but also from constraint. I loved it despite, and really because of, that: Swing Time is Smith, the novelist and the lyricist, the comic and the critic—the creator of worlds and the keen observer of the one we all share—dancing, finally, with herself. Book I’m hoping to read before 2017 arrives: Homegoing by Yaa Gyasi — Megan Garber, staff writer The Sun Is Also a Star by Nicola Yoon This is a story of a mayfly love, which is born and lives a full live in only a day. In that way it’s like a YA version of Before Sunrise, except that Yoon’s tale has higher stakes (and characters who are more earnest, less pretentious). When the 17-year-old Natasha meets Daniel on the streets of New York City, she’s on a mission to single-handedly stop her family from being deported back to Jamaica that night. DelacorteDaniel doesn’t know that, and he constructs a narrative of fate around their meeting. He’s a poet, and he believes that he and Natasha are meant to be. She, a scientist at heart, is more skeptical, preferring to describe things in terms of observable facts, and what can be proven. So Daniel consults some research and decides he will get her to fall in love with him scientifically. It starts to work—“Observable fact: He is pretty hot with his hair down,” she notes at one point. As they move through the city, Natasha in pursuit of her mission, Daniel in pursuit of his, an omniscient narrator occasionally pulls back from the story. These brief interludes show what encountering Natasha and Daniel means for the secondary characters that populate their day, sometimes taking detours into cultural history, or science—why many black hair care stores are owned by Koreans, or how animals evolved eyes. The effect is to crack open the small story of a daylong love until it’s large enough to contain the whole universe. Book I’m hoping to read before 2017 arrives: The Queen of the Night by Alexander Chee — Julie Beck, senior associate editor A Little Life by Hanya Yanagihara AnchorIf the quantity of time spent weeping while reading a book is a good indicator of its quality, then Hanya Yanagihara’s A Little Life is top notch. The novel follows four men, all friends, from college to the end of their lives, alternating the present day with textured flashbacks. This is no light coming-of-age story. One of the men has a grisly history of abuse, another battles drug addiction, another is haunted by memories of his estranged family. Garth Greenwell, writing for The Atlantic in 2015, called A Little Life “the great gay novel,” and there is certainly an argument to be made that the book is an in-depth examination of the emotions and ambitions of a group of gay men (written by a woman, no less). But A Little Life is also a book about friendships and how they morph and grow over time, by turns dragging their participants down and holding them up. As I watched these characters dealing with missteps and tragedies, and striving to succeed in life, I was desperate for them to end up safe and happy. This being a novel, nothing is that easy. Read it and weep.     Book I'm hoping to read before 2017 arrives: Commonwealth by Ann Patchett — Alana Semuels, staff writer Known and Strange Things by Teju Cole Random HouseIn “Blind Spot,” the epilogue to his remarkable new collection of essays, Teju Cole writes of Virginia Woolf’s diary: “... the pages held a radiance … because of Woolf’s prose, the intensity of her attention to life, and the epiphanic moments that intermittently illuminated the gloom. I went to sleep in the glare of her words.” For me, reading Known and Strange Things—compiled from pieces Cole has penned for The New York Times, The Atlantic, and elsewhere—produced a similar kind of afterglow. On days when I was frantically tab-switching or scrolling through the abyss of Twitter, Cole’s singular curiosity and eagerness to open himself up to experience was a powerful reminder for me to hit pause. In this collection, as in his novels Open City and Every Day Is for the Thief, Cole becomes a modern-day topical flâneur, drifting seamlessly from art and photography to music and geopolitics. Three sections, broadly classified as “Reading Things,” “Seeing Things,” and “Being There,” allow Cole to map out an array of reflections, criticism, and unfinished ideas. “In Place of Thought” imagines, with a smirk, an alternate dictionary (“AFRICA. A country. REGGAE. Sadly just one album exists in the genre.”). “Home Strange Home” expresses his uneasy re-acclimation to his native Nigeria. “Death in the Browser Tab” speaks to the realities of police brutality against black men in an age of instant circulation. You’ll want to take your time reading this—it’s a heady mix of wit, nostalgia, pathos, and a genuine desire to untangle the world, or at the least, to bask in its unending riddles. Book I’m hoping to read before 2017 arrives: How Should a Person Be? by Sheila Heti —Arnav Adhikari, editorial fellow So Sad Today by Melissa Broder For the past year, I’ve seen one particular kind of story a lot on my Instagram and Facebook feeds. It goes something like this: “Last [month/year/decade/etc.] I was struggling with [X problem], and it was so bad/the worst/I was sad. But through [Y solution] I’ve since gotten over it and now I’m in a much better place.” Cue the likes. Grand CentralIn a culture that prizes self-promotion and oversharing, these kinds of stories aren’t surprising. But my impulse to celebrate these personal victories is always halted by another thought: Why doesn’t anyone talk about their problems anymore while they’re ongoing? Our virtual friend climate tends to celebrate wins, dismissing any show of vulnerability as undesirable and embarrassing. The implication horrifies me a little: Only tell me about stuff once it’s been resolved. And worse, this kind of self-presentation and celebratory reflex threatens to breed a lazy form of friendship—ones that are never messy or brutal. This is why Melissa Broder’s collection of personal essays is such a breath of fresh air: It’s both really sad and, in its own way, a zeitgeist of our time. The book grew out of a Twitter account, @SoSadToday, that Broder started in 2012; her tweets were full of despair, but also very funny. My favorite essay in the book is a series of one-line love stories (Border’s own), all so full of promise and all unresolved. To my surprise, my second favorite piece details a lurid sext affair. Shame is such a hard emotion for me, and Broder’s ability to dissect hers with humor is a feat. She doesn’t talk her way out of her sadness, or present it as some kind of redeeming, soulful experience. The fact that she manages to do this without being nihilistic is, in itself, a kind of writing-my22 Dec

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Minitrue: Police Escape Charges Over Beijing Arrest Death - The following censorship instructions, issued to the media by government authorities, have been leaked and distributed online. The name of the issuing body has been omitted to protect the source. Regarding the article “Beijing Prosecutors: No Prosecutions for Five Police Officers Involved in Lei Yang Case,” all websites, WeChat and Weibo accounts, and media apps must strictly control related comments. Please immediately acknowledge receipt of this notice. (December 23) [Chinese] In addition, Sina Weibo searches for “Lei Yang case” (雷洋案) produce the notice that “in accordance with relevant laws, regulations, and policies, search results [for this term] are not displayed.” Users have further reported automatic blocking of comments on all Sina Weibo posts including the phrase. On May 7, Lei Yang, a 29-year-old Renmin University graduate and recent father, died after an encounter with Beijing police. Authorities claimed he died of a heart attack after trying to flee from arrest for soliciting a prostitute on May 7. His family, on the other hand, said that he was on his way to pick up relatives from the airport, and it soon emerged that the “heart attack” was a fabrication meant to hide the violence of his arrest. An investigation into the five officers involved was launched in June, but on Friday the Beijing Municipal People’s Procuratorate announced that the probe had ended with the decision that their “mild criminal behavior” did not warrant prosecution. An official Q&A on the case conceded that “there was a direct causal relationship between Lei’s death and the inappropriate professional conduct of Xing and the other officers involved, but Lei’s own fierce and persistent resistance in his over-fed state was also closely related to the fatal outcome.” The AP’s Gerry Shih reports: Prosecutors said in June that an autopsy showed that Lei suffocated on his vomit while in a police vehicle rather than dying from a heart attack, as noted in the police report. Police also sought to block an initial investigation into Lei’s death, prosecutors said. Lei’s friends and commentators also have questioned why the struggle was not filmed — the officers said all their video recording devices were broken — and why it took so long for medical help to arrive after Lei fell unconscious. Lei’s family also said his head was covered with bruises. […] The agency also noted that the officers acted improperly not only by failing to promptly administer first aid to Lei but also by “deliberately fabricating facts, concealing the truth and hindering the investigation” in the aftermath, without giving details. Yet charges were dropped because the officers “gradually confessed and repented,” the agency said. [Source] After Beijing prosecutors make 180deg turn and drop charges vs cops, Lei Yang's lawyer won't take AP's call. Distraught or something else? — Gerry Shih (@gerryshih) December 23, 2016 The swift public outrage over Lei’s death was immense, with at least two media directives issued in an effort to contain it. “To his supporters,” Chris Buckley and Adam Wu wrote on Friday, “Mr. Lei symbolized how even middle-class Chinese citizens are vulnerable to abuses of power by unaccountable authority figures. He held a master’s degree from Renmin University in Beijing and worked for an environmental group affiliated with the government, thus standing out from the blue-collar and rural residents who most often accuse the police of brutality.” The case was the latest breakdown of what Weibo user Yuanliuqingnian (@淵流青年) labeled China’s “normal country delusion” after last year’s lethal explosions near Tianjin: Obviously, if you live in a nice house in Binhai with a BMW and a little dog, in your free time you twiddle your fancy worry beads, or else you go for a run and get your exercise in. You maintain a noble silence on any public incident you’re aware of. On the surface, you look no different from a middle class person in a normal country. But this is a delusion. One explosion later, and the homeowners in Qihang Jiayuan and Harbor City discovered they’re the same as those petitioners they look down on, making the same moves: kneeling and unfurling banners, going before government officials and saying “we believe in the Party, we believe in the country.” This method has been used by countless petitioners—people from the counties who make five- or six-hundred yuan a month and receive chemical fertilizer subsidies. The homeowners realize, much to their embarrassment, that after an accident there’s really #nodifference between us and them. [Source] See more on the anxiety of many middle class Chinese in areas from physical safety to education and financial security, via CDT. On Twitter, cartoonist Rebel Pepper expressed surprise at the depth of anger the news had unleashed, while highlighting the authorities’ continued downplaying of the violence Lei suffered: #變態辣椒漫畫 說實話我完全沒想到雷洋案的終極判決會引發這麼大的轟動,微信朋友圈的時間線上全是討論雷洋的帖子,甚至一位做移民生意的朋友説今晚怎麼啦?諮詢移民的客 戶突然暴增。。。對我來說好像完全沒有那種震動感,大概是因為早就沒有任何期待了吧 pic.twitter.com/tCrtOgCAbR — 变态辣椒 (@remonwangxt) December 23, 2016 To tell the truth, I didn’t at all expect the final verdict in Lei Yang’s case to cause such a stir. But it was all that my friends who were online on Wechat were talking about, to the point that one friend who’s an emigration consultant asked what was going on, because the number of people seeking advice on emigration had suddenly exploded … As for me, it didn’t seem all that earth-shaking, probably because I never expected anything else. [Chinese] On Sina Weibo, many expressed their feelings using biaoqing (表情)images: Beidao、xiansheng (@北岛、先生): Be careful when commenting, or you’ll be accused of prostitution. Beidao、xiansheng (@北岛、先生): I suggest a grand plenary session in these five policemen’s honor .. to award them the title of Distinguished Officers. “OK, say no more.” Yuantengfei (@袁腾飞): Oh, here’s some mild criminal behavior… Fengmingshuijiao (@奉命睡觉): So they’re saying it was death by overeating “You have got to be kidding me” Wangdunka (@王顿咖): The picture says it all “I, Shizuka Minamoto, also want to hit someone” Soon after Lei’s death, the central government pledged to rein in abuses of police power, with Public Security Minister Guo Shengkun stressing the need “to educate the whole police force to consciously respect the law, study the law and abide by the law.” Public consultation on new rules governing chengguan urban management staff was launched in August, and is ongoing for new revisions to the country’s Police Law. But Human Rights Watch warned this week that the current draft changes to the latter “do little to make the police more accountable, and actually expand the force’s powers in ways that could exacerbate abuses.” From HRW’s submission to the National People’s Congress Standing Committee: Human Rights Watch has for very many years documented police abuses, including use of torture against criminal suspects, surveillance of ordinary citizens, and unnecessary or excessive force to break up peaceful protests, as well as the harassment and arbitrary detention of individuals and group members who peacefully criticize the authorities or advocate for policy changes. Procurators and judges rarely question or challenge police conduct, and internal oversight mechanisms remain weak. The extraordinary power of the police is reflected in their enormous power over the justice system and the pervasive lack of accountability for police abuse. […] Human Rights Watch notes that in recent years incidents of police abuse such as the Qing’an police shooting, the death in custody of environmentalist Lei Yang, and the abusive behavior caught on tape of an officer checking the identity cards of two Shenzhen shoppers, have generated strong public criticism of the police force in China. The proposed revisions to the Police Law serve as an important opportunity to address those criticisms, and to make reforms that bring the law into conformity with international standards. [Source] See background and a leaked media directive on the Qing’an case; video of the incident in Shenzhen; and more coverage of Lei’s case in English, with much more in Chinese, via CDT. Since directives are sometimes communicated orally to journalists and editors, who then leak them online, the wording published here may not be exact. Some instructions are issued by local authorities or to specific sectors, and may not apply universally across China. The date given may indicate when the directive was leaked, rather than when it was issued. CDT does its utmost to verify dates and wording, but also takes precautions to protect the source. See CDT’s collection of Directives from the Ministry of Truth since 2011. © Samuel Wade for China Digital Times (CDT), get_post_time('Y'). | Permalink | No comment | Add to del.icio.us Post tags: direct, Directives from the Ministry of Truth, Lei Yang, middle class, police, police violence, political cartoons, Rebel PepperDownload Tools to Circumvent the Great Firewall23 Dec
Netizen Voices: Official Tries to Manage Bird Evolution - The tension between development and environmental protection in China has been most keenly felt in relation to air quality, but extends to many other spheres. Campaigners recently rejoiced at the apparent abandonment of plans to dam the Nu river, which one activist hailed as “a triumph for Chinese civil society.” Similar protest has long dogged plans for damming to regulate water levels in Jiangxi’s Poyang Lake. The largest freshwater lake in the country, Poyang is a vital stop for tens of thousands of migratory birds and a crucial breeding ground for the critically endangered Yangtze finless porpoise. But natural seasonal fluctuations in the lake’s area have been destabilized by drought and sand dredging for construction, with the Three Gorges Dam another likely factor. The lake’s value as a habitat is now threatened by both continued shrinkage and the effects of proposed countermeasures, including flooding of the birds’ wetlands. In recent years, critics ranging from the Chinese Academy of Sciences to the World Wildlife Fund have warned that a proposed water conservancy project might do more harm than good. Last week, a local construction official told them not to worry. From Sina Weibo, via CDT Chinese: China Business Journal (@中国经营报): [Will dam construction at Poyang Lake destroy a paradise for migratory birds? Poyang Construction Bureau: “Survival of the fittest: birds can change their dietary habits.”] Since the inception of plans for the water conservancy project at Poyang Lake, voices have continuously arisen in opposition: “Damming would destroy a paradise for migratory birds!” But facing challenges on the issue, the deputy director of Jiangxi’s Poyang Construction Bureau Ji Weitao said: human beings die in pursuit of wealth; birds die seeking food. If there’s not enough grass for them to eat, according to survival of the fittest, they can catch fish, or find corn or sweet potatoes in the farmers’ fields. “We helped white cranes by giving them little fish, and they all ate them.” Ji Weitao said that at worst, the birds could change the composition of their diets to find a way to survive. [Chinese] CDT Chinese editors gathered several critiques of Ji’s argument from Sina Weibo: cloze (@cloze): So he’s saying that we don’t need to protect pandas and tigers? We can just let things run their course, and they’ll figure something out for themselves? Hahahazhirong (@哈哈哈志荣): These officials’ IQs are not bad. After so many years of eating grain, telling them to go and eat grass roots, as “survival of the fittest.” ZhanzhengshiyanjiuWHS (@战争史研究WHS): “If there’s not enough grass for them to eat, according to survival of the fittest, they can catch fish, or find corn or sweet potatoes in the farmers’ fields.” Great news for zoos. Don’t give the elephants grass to eat, they can go and catch fish. Whoosh, sucking them up with their trunks: one trunkful for them to eat, another for the zookeepers. If there are any left over, they can take them to market to sell. Xiyanpianzi___heizumaozuiaichi (@戏言骗子_黑足猫最爱吃): Awesome! China’s officials can all manage birds instead! Gaojiuheng (@高久恒): Birds are quite capable of self-sufficiency, they can start a little allotment, plant some grains and vegetables, maybe raise pigs Yizhidouhuihenanjing (@一直都会很安静): Maybe the birds over there can be forced to learn to order take-out. It’d not only accelerate the birds’ evolution, but also spur economic development. Thinking about it, it’s a really good idea! Zhugong (@朱拱): Once the birds have evolved, they can also eat people [picks nose] Santi321 (@三体321): Director Ji can adjust the composition of his diet, and switch to eating shit, contributing to the cause of the motherland’s sanitation. Baifenzhi1guoke (@百分之1过客): Why does that article not quote scientists, only officials?? DoctorWilson (@DoctorWilson): They should encourage the birds to move to the city and buy homes ~ Guaishouheluomo (@怪兽和萝莉): White cranes can switch to eating gutter oil; finless porpoises can lose weight by migrating against the current; Shanghai people can switch to drinking seawater. We survived the Great Leap Forward, we can make it through this! Fanghenshaoshao007 (@方恨少少007): Survival of the fittest, just like in the Great Leap Forward! When you’re busy, eat straw; at leisure, drink gruel! If there’s no food, tree bark or clay can allay your hunger. What, you’ve starved to death? Oh, Three Years of Natural Calamities, nothing we can do about it! WangWxiaoXdongD (@汪W晓X东D): The honorable Party still believes it has grasped the Truth of the Universe, and can even bring avian evolution under management. Say, will the most highly evolved birds be able to join the Party? PsychicStorm (@PsychicStorm: Could some of these officials evolve the ability to eat shit? Oh … they already have [Chinese] © Samuel Wade for China Digital Times (CDT), get_post_time('Y'). | Permalink | No comment | Add to del.icio.us Post tags: animal protection, construction, dams, great leap forward, Jiangxi, lakes, Netizen Voices, Poyang Lake, water conservancy, wildlife preservationDownload Tools to Circumvent the Great Firewall22 Dec
Activity of the Week: Drink Tea - The Word of the Week comes from the Grass-Mud Horse Lexicon, a glossary of terms created by Chinese netizens and encountered in online political discussions. These are the words of China’s online “resistance discourse,” used to mock and subvert the official language around censorship and political correctness. hē chá 喝茶 Euphemism for police interrogation. Guests invited to “tea” are asked about their political activities and warned against Uncle Policeman’s tea party. (Source unknown) further involvement. Those compelled to attend these tea sessions are said to be tea-drinked. Read about tea drinking experiences during the 2010 World Expo, the anniversary of Tiananmen, and the Jasmine Revolution. See also Yaxue Cao’s 2012 selection of over 30 accounts of tea drinking sessions, from the now defunct Chinese-language website “Records of Drinking Tea” (hē chá jì 喝茶记). In July of 2014, author Murong Xuecun issued a “statement of surrender” to Chinese authorities as an expression of solidarity with friends who were detained for attending a weekend gathering marking the 25th anniversary of June 4th, 1989. Several days later, the outspoken novelist was asked to tea by the local police in Beijing: Huoguangweiyu (@火光微语): @郭玉閃又日 Brother Murong Xuecun “surrendered” himself to the police. At 5 p.m. today he was summoned to the Zizhuyuan police station for questioning. He’s still drinking tea with the police, and I’m waiting for him at a bar outside the station. (July 9, 2014) @郭玉閃又日 慕容雪村兄“投案”,今天下午五点半左右紫竹院派出所约谈。现在他还在派出所里面喝茶,我在派出所门口喝酒等他。[Chinese] In December of 2016, activist Liu Ermu, who is frequently “invited to tea” over his online activism, was detained and interrogated after commenting publicly on heavy-handed government efforts to deal with anti-smog protesters in Chengdu. In a follow-up WeChat post describing his experience, Liu noted variation in officials’ recent visits: At around 7:30 pm on the 12th, two police officers came knocking at my door, asking if I was Liu Ermu. I admitted I was, and they asked me to leave with them. Before the police took me to drink tea with them the two other times recently, they called ahead to let me know. This time, they came right to my door. I felt that this time was probably a little more serious. So when I went to put on my shoes, I called my wife over and handed her my cell phone. I told her that if I wasn’t home by the morning of the 13th to put the word out. 12日下午七点半左右,有两个警察来敲门,问我是不是刘尔目,我承认是就让我跟他们走一趟。前不久的两次喝茶都是电话通知,这次亲自上门,我感觉这次事情 应该比较严重,所以就趁换鞋子的时机,把老婆叫一边把手机给她,告诉她如果我13日早上还没回家,就把消息传递出来。[Chinese] See also check the water meter. Can’t get enough of subversive Chinese netspeak? Check out our latest ebook, “Decoding the Chinese Internet: A Glossary of Political Slang.” Includes dozens of new terms and classic catchphrases, presented in a new, image-rich format. Available for pay-what-you-want (including nothing). All proceeds support CDT. © josh rudolph for China Digital Times (CDT), get_post_time('Y'). | Permalink | No comment | Add to del.icio.us Post tags: activism, drinking tea, interrogation, Liu Ermu, Murong Xuecun, word of the weekDownload Tools to Circumvent the Great Firewall22 Dec
New Rules Limit User-Generated Content - Following new regulations that require websites to acquire special licenses before streaming content live, Chinese authorities are now issuing new rules limiting the posting of original multimedia content online. Benjamin Haas of The Guardian reports: The new regulations barred public accounts from posting “user-generated audio or video”, often one of the few sources of information outside state media articles relaying the government’s version of events. […] China’s two largest social media platforms were called out by name in the new rules, with the majority of videos shared on the Twitter-like Sina Weibo and WhatsApp meets Facebook WeChat. “Weibo, WeChat and other online social media are not allowed to disseminate user-generated audio or video programs about current events,” said the notice from the State Administration of Press, Publication, Radio, Film and Television. Social media companies must “strengthen management” of videos, a common euphemism for censorship. “It’s likely to weed out smaller players,” said Duncan Clark, founder of investment advisory firm BDA China, which specialises in the Chinese internet. “The government prefers to have concentration on larger sites, where it has greater sway. [Source] China Law Translate has posted the official press release from the State Administration of Press, Publication, Radio, Film and Television (SAPPRFT) announcing the new regulations, which further explain what content will be restricted. According to their translation, the notice will: * Require a special permit and other credentials for transmission of audio-visual materials on weibo and public Weixin (WeChat) accounts and other social media. […] * Require that movies or television programs spread on social media have a “Public Film Screening Permit” or “Television Show Distribution Permit”. * Clarify that AV materials spread on social media must comply with regular internet programming regulations. This includes web shows, web movies, news programs, documentaries, special features, and variety shows that are transmitted through social media. * Current events news programming produced and uploaded by the public must not be transmitted at all. * Require a special permit and other credentials for transmission of audio-visual materials on weibo and public Weixin (WeChat) accounts and other social media. * Clarify that AV materials spread on social media must comply with regular internet programming regulations. This includes web shows, web movies, news programs, documentaries, special features, and variety shows that are transmitted through social media. * Current events news programming produced and uploaded by the public must not be transmitted at all. [Source] User-generated content was also targeted in the recent detention of Liu Feiyue and Huang Qi, both editors of human rights-focused citizen journalism websites. A widespread tightening of regulation over “illegal” internet content includes politically unpalatable websites like theirs, as well as pornography and other “harmful” content. In the past eight months, authorities have closed thousands of websites for hosting “erotic or obscene” content, according to a report by Christian Shepherd for Reuters: The office said 2,500 websites were prosecuted or shut down and more than 3 million “harmful” posts were deleted in eight months up to December during a drive to “purify” the internet in China and protect youth, the official Xinhua news agency reported. The government has tightening its grip on Chinese cyberspace in recent months, in particular placing new restrictions on the fast-growing live-streaming industry. The state has a zero-tolerance approach to what it considers lewd, smutty or illegal content and has in past crackdowns removed tens of thousands of websites in a single year. [Source] In September, a website CEO was sentenced to three and a half years in prison for “distributing obscene materials for personal gain,” related to the distribution of porn through video-streaming and torrent downloads via his site Kuaibo. Read more about the government crackdown on sexually explicit content in a Sixth Tone series on “Erotic China.” © Sophie Beach for China Digital Times (CDT), get_post_time('Y'). | Permalink | No comment | Add to del.icio.us Post tags: Internet censorship, Internet video, pornography, SAPPRFT, streaming, WeChat, weiboDownload Tools to Circumvent the Great Firewall21 Dec
Li Guoqing: Who Says China Isn’t a Market Economy? - On December 11, as China celebrated 15 years since its accession to the World Trade Organization, Chinese state media lauded the country for “rising to become a bellwether of global free trade and a token of globalization at large.” The anniversary marked the expiry of a provision in China’s accession agreement which allowed China to be regarded as a “non-market economy” in WTO disputes—which are commonly lodged against China for dumping. The day of the expiry, Beijing filed complaints against the U.S. and E.U. for failing to consider China a “market economy”—a point that Beijing took to be a given based on the accession agreement it signed in 2001. However, as The Economist pointed out back in May, the agreement did not guarantee China’s market economy status by a certain date, but stated “that importing countries will lose the right automatically to treat China as a non-market economy for anti-dumping purposes.”  Ahead of December 11, Japan also followed the U.S. and Europe’s lead, announcing it too would not recognize China as a market economy. On Weibo, Li Guoqing, the CEO of popular Chinese e-commerce site Dangdang, expressed his outrage at the U.S., E.U., and Japan in interesting terms: by drawing attention to the availability of many unconventional products at market price in China, and presenting that as evidence of China’s indisputable market economy status: DangdangLiGuoqing (@当当李国庆): After 15 years, Europe, America, and Japan unexpectedly break their promise to recognize China’s market economy status! Truly blind! In China you can buy and sell official positions wholesale; love and marriage have a clearly marked price; even religion has a price and a market. Can you buy all those things in Europe, America, and Japan? Who in the hell said mainland China isn’t a market economy?   [Chinese] Li’s comment was well-recieved by his followers, one of whom chimed in to continue the list he started: Shouxiang (@首象): And also: organs, academic degrees, job titles, credentials, prison terms, mental disorder certification, fake drugs, and smuggled mad-cow infected beef. [Chinese] Others praised Li on his courage, and promised to support his company: Zaixixi (@哉兮兮): Fuck me, based on these few sentences, I need to go buy some stuff on Dangdang Xiaodan-2016 (@小蛮–2016): No need to sell books, spouting that much truth in the middle of the night.  Mengkexiong (@蒙克兄): Boss Li’s good in the middle of the night. Diaoyiyoudao (@钓宜有道): Chief Li, a real man. Support Dangdang. PanshiPanshiShi (@磐石磐石石): A true man has the courage to do what he believes should be done. Choose Dangdang for your shopping. [Chinese] Li eventually deleted the original weibo, following it up by apologizing for any offense it may have caused and reiterating his opposition of the three countries’ choice. © josh rudolph for China Digital Times (CDT), get_post_time('Y'). | Permalink | No comment | Add to del.icio.us Post tags: black market, Dangdang, dumping, e-commerce, Netizen Voices, WTODownload Tools to Circumvent the Great Firewall20 Dec
Missing Lawyer, Citizen Journalist Accused of Leaking State Secrets Abroad - Rights lawyer Jiang Tianyong disappeared almost a month ago. The mystery surrounding his whereabouts since then prompted protests and calls for clarity from friends and colleagues, U.N. rights experts, and American and European representatives in Beijing. Last Friday, authorities finally revealed that Jiang had indeed been detained, claiming that he had been held nine days for buying train tickets using someone else’s ID before being released. Jiang, however, did not reappear. Later, The New York Times’ Chris Buckley reported, an explanation came for his continued detention: The website of The Legal Daily, an official newspaper, said on Friday that the police detained Mr. Jiang when he tried to travel to Beijing by train from Changsha, a city in southern China. They accused him of using a fake identity card to buy a ticket. After he was in custody, much graver charges were lodged: Citing the police, the newspaper said Mr. Jiang “illegally possessed multiple secret state documents, colluded with overseas institutions, organizations and individuals, and is suspected of illegally providing state secrets abroad.” […] The Legal Daily said Mr. Jiang was a “citizen advocate” who “meddled in some serious cases, wantonly fabricated and spread rumors on the internet, and incited petitioners and the families of people in legal proceedings to resist state agencies.” Patrick Poon, who researches Chinese issues for Amnesty International from Hong Kong, said in an interview that “without access to a lawyer of his own choice, Jiang Tianyong is at risk of torture or other ill treatment.” [Source] Commenting in 2015 on the sentencing of journalist Gao Yu after she was found guilty of leaking state secrets abroad, Amnesty’s Nicholas Bequelin tweeted that “the definition of what is a State secret is over-broad and open ended. There is no real way to legally challenge a classification. […] Even publicly available information can be considered a state secret if communicated abroad [….] State secrets charges have long been the weapon of choice to silence critics, dissenters, journalists and party foe[s].” Hong Kong Free Press’s Catherine Lai provides more details on the accusations against Jiang, his alleged confession, his family’s conviction of his innocence, and conflicting claims over whether they were duly notified. The lack of clear and timely information regarding Jiang’s case has also been seen in the recent disappearances of citizen journalists Liu Feiyue and Huang Qi. Human Rights Watch’s Sophie Richardson commented on Friday that “the Chinese authorities appear to have replaced the mass arrests of human rights defenders in 2015 with the equally invidious enforced disappearance of activists one by one. Not only does it terrorize those held and their family members, but it reinforces a message to the rest of civil society: stay silent – or we’ll silence you.” The tactic prompted one group of supporters to pointedly ask which “terrorist group” had seized Jiang Tianyong: 在京访民打横幅抗议雾霾与体制为祸人间及江天勇被失踪https://t.co/MmubZZ3Iry pic.twitter.com/1GWo56vJ38 — 民生观察 (@minshengguancha) December 13, 2016 A further similarity between the three cases is the accusation of collusion with foreign forces, an increasingly common theme in attacks on rights lawyers, Hong Kong democracy protesters, labor activists, and foreign journalists. A colleague of Liu’s reported that he was accused of harming national security by accepting funds from abroad, while the Committee to Protect Journalists announced on Tuesday that “Huang Qi is being held at Neijiang Detention Center on the charge of ‘leaking state secrets abroad.’“ A recent series of online videos has promoted fear of alleged Western efforts to drive China into chaos. These have been shared on social media by accounts associated with bodies including the Communist Youth League, Supreme People’s Procuratorate, and the state-owned tabloid Global Times, typically with the hashtag #警惕颜色革命 (“Guard against color revolution”). CDT translated one of these videos following the trial of three prominent labor activists in September, while China Change has translated another two. The videos use situations like the Syrian refugee crisis and unrest in the Ukraine as warnings of what a shadowy network of foreign diplomats and journalists hope to bring to China, using Chinese activists and others as variously witting accomplices. On Sunday, China Change highlighted yet another installment which adds “historical nihilism,” Hong Kong publishers and activists, and downbeat coverage of economic news to the blackboard: Utilizing Internet and other media to negate Chinese history and culture and lay the ideological foundation for a “color revolution” […] Defiling the image of leaders [photo of the Causeway Bay bookstore] […] Doomsaying China [screenshot of BBC article about likelihood of a Chinese economic crisis] Using Hong Kong as a base for a “color revolution” […] Peace and stability are the most important guarantees to fulfilling our dream of revitalization Thoroughly expelling from China all “color revolutions” will be a long and arduous battle It requires the vigilance and resistance of every one of us Don’t believe lies. Don’t be gullible. Understand history, be resolute in your belief. The new Great Wall will be forged through the thoughts and actions of all of us [Source] Read more on the work and disappearances of Jiang Tianyong, Liu Feiyue, and Huang Qi from Chinese Human Rights Defenders. © Samuel Wade for China Digital Times (CDT), get_post_time('Y'). | Permalink | No comment | Add to del.icio.us Post tags: citizen journalism, foreign hostile forces, historical nihilism, Hong Kong activism, hong kong publishing, huang qi, Internet video, Jiang Tianyong, rights lawyers, state secrets, videosDownload Tools to Circumvent the Great Firewall20 Dec

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Christmas 1951: Murder of a civil rights pioneer - A early leader in the civil rights movement in Florida and the first NAACP official killed in the struggle for civil rights died on Dec. 25, 1951, when a bomb exploded under the floorboards of his bedroom. The murder, done by members of the Ku Klux Klan in retaliation for calls for action against a Southern white sheriff, was never officially solved. Harry T. Moore was a teacher and principal in Brevard County, Florida, who got involved with the NAACP in an attempt to equalize white and black teachers’ salaries. He and his wife, Harriette, also a teacher, took up the cause of pay inequality. Along with NAACP attorney Thurgood Marshall, Moore sued to challenge the pay differential. While his case ultimately lost, he inspired others to take up the challenge. The NAACP became Moore’s life’s work. He founded an NAACP chapter in Brevard County in 1934 and organized the group’s Florida State Conference. He first worked as an unpaid executive secretary. Moore eventually moved from the issue of teachers’ salaries to lynchings, police brutality, and voter registration. He led the South in registering NAACP members and registered some 116,000 black voters in Florida. He became NAACP state president in 1941. In 1944 or 1946 (accounts vary), both Harry and Harriette Moore were fired from their teaching jobs because of their activism. Harry Moore became a full-time, paid organizer for the NAACP. In 1949, Moore became involved in a case in Groveland, Florida, in Lake County, just west of Orlando, that cost him his life. 10:30
Holiday films to make you laugh, cry, and avoid flag poles - And the No. 1 holiday movie to watch during the end-of-year celebrations? Like anything else, it depends on who you ask or where you look. Since 1989 the National Film Registry has selected 25 movies a year that it believes showcase the range and diversity of the country’s cinema and are worthy of preservation. Two of the films, It’s a Wonderful Life, released in 1946, and A Christmas Story, released in 1983, were added to the list in 1990 and 2012 respectively.  Though it hardly bears repeating, Jimmy Stewart starred in It’s a Wonderful Life as George Bailey, a down-on-his-luck banker who is about to kill himself when a guardian angel, Clarence, (Henry Travers), working to get his wings, is assigned to stop him and show him his life is meaningful. Trivia bonus: The film got five Academy Award nominations, didn’t win any and tanked at the box office. “It’s a Wonderful Life” placed 26th in box office revenues, one spot ahead of another dripping-with-cheesy-sentiment Christmas classic, “Miracle on 34th Street.” Moving right along … A Christmas Story, which is set in 1940 and based on a Jean Shepard short story, is the uplifting tale of dysfunctional family preparing for the holidays. Ralphie (Peter Billingsley), age 9, spends the film dodging a bully, trying to protect his glasses, and hoping for a Red Ryder BB gun for Christmas. In one of the most memorable scenes, one of the kids at the playground (Scott Schwartz) is goaded into sticking his tongue on a flag pole and … well … watch here and read here to find out how it was done. 09:30
Merry Holidays. Or, how Trump's election persuaded O'Reilly to declare victory in 'War on Christmas' - Bill Berkowitz, the proprietor of The Smoking Chimp Trump, took note of a remark in Unpresidented-Elect Donald Trump’s victory-tour speech in Wisconsin last week: “When I started 18 months ago, I told my first crowd in Wisconsin that we are going to come back here some day and we are going to say ‘Merry Christmas’ again. Merry Christmas. So, Merry Christmas everyone. Happy New Year, but Merry Christmas.” Hard to know how many of their well-paid Foxaganda hours were spent by Bill O’Reilly and fellow Foxagandist John Gibson, who in 2005 wrote an entire book on the subject of their invention, the “War on Christmas.” However much it was, their meme went viral, with the full corporate backing of one of the planet’s leading purveyors of fake news. But they should have called the whole effort “Just say Merry Christmas, dammit.” After all, there wasn’t any acknowledgment of the war on Christmas waged by endless regiments of retailers with their obsessive two-month-long promotion of grotesque overconsumption that is the true defining characteristic of this season. No acknowledgement of the Pagan origins and heathen additions to Christmas but vast waves of attacks on store clerks’ demonic chants of “Seasons Greetings” instead of “Merry Christmas.” No mention that the Bible’s only story of Jesus’ interaction with worship-related commerce was punctuated by the slap of a whip. No mention of the Puritans, who here and in England in the 1600s denounced Christmas celebrations as unChristian. No mention of the many Christians who hate Santa for religious reasons. Despite failures on these several Christmas fronts, O’Reilly now says he and his grumpy band of “Happy Holidays” haters have won the war except for the “cleaning up.” Victory coincidentally seems to mesh rather perfectly with the victory of Donald Trump. Indeed, Hrafnkell Haraldsson writes:  The timing of this announcement is suggestive, don’t you think? With a Republican heading into the White House. Which sort of exposes the whole thing as the propaganda stunt it was.  08:00
Abbreviated Pundit Round-up: We have we - Fahoo Fores Dahoo DoresWelcome Christmas,Christmas Day! How the Grinch Stole Christmas! was first adapted as an animated special in 1966, making this the 50th anniversary of that best of all holiday specials. I know some people have a fondness for the round-headed kid, and others find that picked-upon reindeer sympathetic, but you can keep all the rest. It’s not Christmas until Max comes down from Mount Crumpit and Cindy Lou Who gets that roast beast. The animated version of the Grinch — and repeat after me: there is no other film version — has everything going for it. There’s the unmatched plumy purr of 78-year-old Boris Karloff providing both the narration and the voice of the titular green meanie. There’s Thurl Ravenscroft’s basso profundo rumble powering through the most delightful lyrics ever in You’re a Mean One, Mr. Grinch. There’s even June Foray, the voice of Rocket J. Squirrel and Natasha Fatale, doing an uncredited turn as Cindy Lou (Foray, at age 99, is still around, thumbing her nose at 2016). Above all, there’s the genius of Chuck Jones, the man behind Bugs Bunny, Daffy Duck, and just about any other cartoon that you ever loved. And of course, there’s  Theodor "Dr. Seuss" Geisel’s lovely rhyming tale of a hard-hearted character saved, not by a visit from assorted spirits, but just from witnessing the good people of Whoville coming together to celebrate … coming together. Add a coda of unquestioned forgiveness, and it’s the perfect Christmas tale.  This year has been utterly crushing. Whether your dreams were perched at the top of the mountain in November, or you’d already been sidelined to a more modest hill, we’re all alike now. We watched that sled go over, carrying hope down to whatever fate waits on the far side of that jagged peak. Max was not able to arrest the slide this year. The Grinch remained as cardiac-challenged as ever. And I’m sorry. I’m very, very sorry. All the Tar Tinkers and Flu Floopers … they’re gone. They’re just gone. But we’re not. Christmas Day is in our grasp, so long as we have hands to clasp.Christmas Day will always be just as long as we have we.Welcome, Christmas, while we stand... heart to heart... and hand in hand. Come on in. Let’s read some pundits. 07:00
103 million holiday travelers; low gas prices, higher wages drive record-breaking number: AAA - More Americans than ever before—103 million—are expected to travel during the end-of-year holidays, according to AAA, an increase of 1.5 percent over 2015.  The increase in holiday travel this year is being driven by additional consumer spending, a result of improvements in the labor market and rising wages. Additionally, low gas prices and increased consumer optimism will prompt more Americans than ever to set out on road trips, take to the skies, or board trains, buses and cruise ships to celebrate the holidays. What a sunny and bright outlook; wonder what it will be like a year from now? But, let’s stay positive and focused. Most travelers—91 percent—will drive, also an increase of 1.5 percent from last year, helped by the lowest New Year’s gas prices in almost a decade, according to AAA. Others modes of transportation will see a bump, too. Air travel is expected to increase by 2.5 percent, with more than 6 million Americans flying to their holiday destinations.  As good as all that sounds, AAA expects to do exactly what it’s known for during the holidays, beginning Dec. 23 and ending Jan. 2, 2017. AAA expects to rescue more than 980,000 motorists over the 11-day holiday travel period, with the primary reasons being dead batteries, flat tires and lockouts. Drivers should have their vehicles inspected by a trusted repair shop. Stay warm, and get your car checked before you go. 24 Dec
My top 10 Christmas movies - Christmas movies, this time of year, have entire channels on TV dedicated to them. Hell, there are entire channels dedicated to one Christmas movie that plays twenty-four hours a day on a loop. When I was growing up and we had fewer channels, and no VCR (remember those?), DVR or DVD/Blue Ray player, so it was kind of a crap shoot if you were home when your favorite Christmas movie was on. Unless your favorite Christmas movie was It’s a Wonderful Life, then you knew that would be on all the on every single channel (more on that later). While you may have wanted to watch The Star Wars Holiday Special, if you weren’t home, you would never see it. I did see it, and my parents questioned my sanity for my love of all things Star Wars after watching it with me. With today’s technology, you have every single Christmas movie ever made (for the most part, you will not see a non-bootlegged copy of the Star Wars Holiday Special) at your fingertips. Want to see Bing Crosby and Danny Kaye tap dance their way through White Christmas? You can stream it through Netflix. Like Miracle on 34th Street? Pick a version, you can stream it, rent it, or buy it. So with all these choices, how do you choose which Christmas movie to watch? Well, I am here to help. Keep in mind, I think Judas Priest, Iron Maiden, and Motley Crue are high culture. I won’t go to a restaurant that requires me to wear a tie (or anywhere that requires me to wear a tie), and think Schlitz is perfectly paired with fish at a Friday night fish fry. I cannot stand the movie Home Alone, I walked out of the movie theater and asked for my money back (guess which movie won’t make the list), and have no idea why people like coffee—so your mileage may vary with this list, and before the pitchforks and torches come out over some of my choices, this list is somewhat tongue in cheek. 24 Dec
Message from the Legendary Elder Siblings - I write this in-flight, returning from a magical trip to the Kogi of Colombia. I write this having seen and heard the airport TV reports of the trauma that continues to dominate US politics, as well as those in many other countries. Last year my Ecuadorian partner, Daniel Koupermann, and I took a group to the amazing lands of the Kogi – people who have a message for us all. They came down from their mountain hideaways to meet us and to spread their message of the need for change. They were so impressed by the deep spirituality and commitment of that 2015 group that they invited us to bring another similar group – and this time to be the first ever to live among them, to sleep in their community, and to sit in their sacred ceremonial lodges. For the 19 of us it was a life-changing trip. We were surrounded by breathtaking scenes: the emerald Caribbean and palm-fringed beaches, the Sierra Nevada mountains that rise 18,000 feet up from the ocean to glacier-covered peaks, the rain forests, and the sparkling rivers that cascade from the glaciers into the Caribbean. But most of all it was the Kogi who impressed us! I have to admit that I was shocked – ecstatically – by the extent to which the Kogi invited us to share their lives and ceremonies. These up-til-now illusive people totally opened the doors to their homes and hearts to us. They invited us to come and learn from their Mamos (wise elders/teachers/shamans/spiritual leaders), to answer a call that dates back to a time when their forefathers retreated from the onslaught of Spanish conquistadors and the destructive nature of European cultures. Their Mamos told us of how their ancestors had fled up the valleys of the glacial rivers into the mountains. Choosing to remain isolated for centuries, they developed a new dream of the Earth, a revelation that balances the brilliant potential of the human mind, heart and spirit with all the forces of nature. To this day they remain true to their ancient laws and traditions—the moral, ecological, and spiritual dictates of a force they identify as “the Mother”—and are still led by sacred rituals. In the late 1900s, their Mamos understood that they are the Elder Siblings and that they had to come down and share that powerful message with the modern world, the people they call the Younger Siblings – us. They have shared their history with others. What was unique this time was their enthusiasm for embracing this group on very personal levels. I write this while flying home and it is all too close to me to be able to express in detail at this moment (a book to come, I think!) but I will say that the bonding we all felt is symbolized by a ceremony when a Mamo and his wife in whose community we had spent the night invited us to witness their 5-year-old son training to become a Mamo. We traveled many miles down from their community and stood with them on the bank of a glacial river where it meets the Caribbean while the young man gently offered the river the commitments we had all made and blown into tiny pieces of cotton from a local plant. The Kogi message, although similar to the one I received more than 40 years ago when I was a Peace Corps volunteer living with the Shuar in the Amazon and then again 20 years later from the Achuar, is more urgent now than ever. It is the message that birthed nonprofits, including Dream Change and the Pachamama Alliance. It is the message of the North American indigenous people and all those who join them at Standing Rock. It is a message that now has issued forth from indigenous cultures and organizations around the world. It is a message of hope, one that says we can transformer ourselves from societies that adhere to systems that threaten to destroy us to ones that will sustain us and future generations. I’ve written many times about the necessity to move from a Death Economy, based on warfare and ravaging the very resources upon which it depends, to a Life Economy, based on cleaning up pollution, regenerating destroyed environments, and developing new technologies that recycle and life-styles that give back more than they take from our Living Earth. Now, flying back from the Kogi, I feel rejuvenated and recommitted to spreading the message that is the underlying principle behind that economic shapeshift that needs to happen. We know we are facing severe crises. We know the climate is changing and that we humans are devastating the air, water, and land that support all life on this planet. We know that our government is incapable or unwilling to turn things around. It is easy to be discouraged. EXCEPT we also now know what our Elder Siblings understood long ago, that We the People must transform ourselves and our institutions. That is the message of the Kogi. It is the message of the Shuar, the Achuar, the people at Standing Rock and all our brothers and sisters around the globe. It is the message of the rising oceans, flooding rivers, melting glaciers, the hurricanes, the political traumas, and all the other crises. We are blessed to be hearing this message, to be inhabitants of this incredible organism that is our Living Earth and to be able to understand that the crises are themselves the message that it is time for us to come out of our isolation and create the change we want and know in our hearts, minds, and souls is necessary.13 Dec
JFK’s Advice for this Hour of Change and Challenge - As I travel around the world speaking at venues that range from corporate summits to rock festivals and from consumer groups to universities, I hear deep dissatisfaction with the current global political/economic system. This is reflected in Brexit, and in movements sweeping Iceland, Italy, Greece, and so many other countries. And it was reflected, perhaps most strongly, in the US elections. People everywhere understand that although the system that’s been in place for roughly a century has created amazing science, technology, medicine, and arts, it has run its course. It is not serving We the People. Not on any continent. It is broken. And it can’t be fixed with old tools. Perhaps more than any other message to take away from the 2016 US presidential election – as well as movements around the globe – is that people are discouraged and are demanding something different. Those on the right look for a conservative, authoritarian government while those on the left favor a progressive, socialistic one. Bernie’s popularity and Trump’s victory symbolize these two opposite ends of the spectrum. Hillary stood in the middle and symbolized the status quo. When I finish giving speeches, during the question-and-answer period, people often ask if I don’t think things have to fall apart before we can move into a new phase. I believe we would be wise to accept the recent events as symbols that things have fallen apart. People are waking up to the fact that our space station is headed for disaster and we must change course. Those who feel discouraged by the results of the recent election and those who are euphoric share a motivation to change our space station’s navigational system. This new administration and Congress will have impacts. The Supreme Court, health care, regulations governing Wall Street, energy, transportation, education, and the environment, as well as international relations: all of these will change. But let us understand that these are symptoms. The illness is much bigger. It is a systemic disease. And we must heal it. We must ask: how do we pull back from the brink of disaster? How do we maneuver human societies in ways that will direct us away from systems that are obviously failing, to ones that are themselves renewable resources? Since the illness is the political/economic system itself, we must change it. Regardless of policies implemented by national governments, we all need to dedicate ourselves to converting a Death Economy, based on militarism and excessive consumption, into a Life Economy, based on cleaning up pollution, regenerating environments, and developing sustainable non-extractive technologies. When the US felt threatened by the Soviet domination of space, President John Kennedy in September 1962 said, “We meet in an hour of change and challenge, in a decade of hope and fear, in an age of both knowledge and ignorance.” He then announced his intention to beat the Soviets by being the first nation to send men to the moon. “And,” he added with an optimistic statement that seemed almost beyond possibility, “it will be done before the end of this decade.” Although he did not live to see it, the President’s promise was fulfilled; Neil Armstrong and Buzz Aldrin walked on the moon in July 1969. We are at such a time now. This hour of change and challenge, hope and fear, knowledge and ignorance, demands our involvement. It is imperative for each of us to be creative, to take actions, to understand that democracy truly is based on all of us participating in the great adventure that is the next ten years. John Kennedy’s promise is a promise for each of us to make now: It will be done before the end of the decade.10 Nov
Lessons from an Underground City - “Three families lived in this tiny space. On average, about 14 people.” Robert, our Edinburgh guide, spread his arms around a room that was approximately the size of the interior of a school bus. We were in the underground city, a portion of Scotland’s capital that had been buried for many years – and now lay vacant among the foundations of newer buildings. Robert walked to the far end of the room and aimed his flashlight at a small lamp on a crude wooden stool. “The only fuels available in the 1600s were fish oil and animal fat. You can imagine how burning them made this room smell! But, even worse: these people bathed only once or twice a year.” He took a couple of steps to the corner of the room and pointed his light at a wooden bucket. “To make matters worse, this served as the sole toilet for all those people. Can you imagine how that smelled?” Without waiting for an answer he walked to the open doorway that led to the narrow “close,” the term used to describe the narrow steeply-sloping streets that characterized this historic community. “Twice a day the city bells rang and the youngest child who was strong enough to carry a bucket from each house went to the doorway and threw the contents out into the street.” He pointed up. “This house is on the bottom floor. Above it were five more stories, each with houses. All of them threw the contents of their buckets down into this same street.” Robert stepped back into our tiny room and described the terrible diseases, including smallpox and the Black Plague, that infected the thousands of people who lived in Edinburgh in those days. “During the plague epidemic of 1645,” he said. “ten thousand citizens, a third of the population, died in less than six months.” I left this underground city which officially is known as Mary King’s Close (named after an unusually successful businesswoman of the 1600s), walked out into bright sunshine, and sat down on a bench to watch the people of modern Edinburgh mingle with tourists. As I sat there, I kept hearing the words of one of the men in our group. “How could they have been so stupid as to throw their feces into the streets?” And the response of his wife who stood next to him in that tiny room. “They knew nothing about germs, honey. They had no idea human pollution spread disease.” Human pollution. My thoughts immediately went to a newspaper editorial I had read that morning about Matthew, the hurricane that had just devastated Haiti. The author lamented the deaths of hundreds of people in a country without adequate warning systems. She also speculated about the causes of so many recent destructive acts of nature: hurricanes, floods, droughts, tornadoes, earthquakes, and the various other impacts of climate change. She ended by asking when human beings would become intelligent enough to understand that we cannot continue “defecating” into our earth, air, and water. I was struck by the fact that she used that word. Defecating. It is easy enough for us to look back on history and wonder why people ever believed that the sun revolved around our planet, ships would fall off the edge of the earth, or raw human sewage dumped into the streets would spread killer diseases. As I rested on that bench and watched people walk by on this street of what is one of the most fascinating and beautiful sections of any city I’ve ever visited, I couldn’t help wondering what a great grandson or granddaughter of mine sitting in this same spot – assuming that it exists when he or she is my age – will think about us. Will future generations not marvel at our stupidity? And then of course the follow-on question: Aren’t we intelligent enough to make sure they will not need to ask? Let’s make certain that the answer to this question is a resounding YES. Yes, we are intelligent enough to change. Yes, we will listen to our hearts and minds, our intuition and our science. Yes, we understand that we must stop defecating into our earth, water, and air. Stop all the pollution and the ravaging of resources. Cease relying on violence – to the earth, plants, animals, and other people. Stop killing each other. It is time to stop blaming “them” and admit that it is up to “us” to turn failing systems into successful ones. It is time that we listened to the voices that come from unground cities everywhere, to the voices of our ancestors who warn us against trying to solve today’s problems with yesterday’s tools, who urge us – command us – to rise to a consciousness that will provide a world that future generations of all species will want to inherit. Yes, to no longer throwing our human pollution into the streets of life.11 Oct

National Post

A note in the snow - Last week, I flew to Detroit with my team at the request of a major west coast publication. When I landed, they got cold feet; assignment cancelled. Without funding to continue, I should have headed home. But I was getting tips of nasty doings with the ballots in Motown. I could get the evidence that Trump’s victory was as real as his tan. So I tucked my long-johns under my suit, put on my fedora, and headed out to meet the witnesses, see the evidence and film an investigative report on the Theft of Michigan. With almost no sleep (and no pay), my producer David Ambrose and I put together an investigative film—and donated it, no charge, to Democracy Now! and several other outlets. As to the airfares, hotels, cars, camera batteries, sound equipment, local assistants and the rest, the bills have piled high as the snow and uncounted ballots. So, here I was, literally out in the cold, hoping you'd see the value of top-flight investigative reporting. So, buddy, can you spare a dime? Or $100 or so? For that, I’ll send you my new film, the one that, back in September, told you exactly how Trump would steal it. Or a signed copy of the book that goes with it: The Best Democracy Money Can Buy, a tale of billionaires and ballot bandits. I want to thank all of you who donated to get me to Washington DC to testify at the ad hoc Congressional hearing and to speak with the Justice Department about the suppression of minority votes. (On Monday, I was joined at the Washington Press Club by the nation’s top voting rights attorney, Barbara Arnwine; civil rights legend Ruby Sales; Muslim activist Sameera Khan. They announced plans to take legal and political action against Crosscheck, the Trumpistas’ latest Jim Crow tactic, the one our team uncovered for Rolling Stone. Khan joined me at Justice to present them 50,000 signatures (we unloaded reams of paper on them) gathered by 18 Million Rising, the Asian American advocacy group, to light a fire under Justice. On Tuesday, I joined the presidents of the NAACP chapters of Michigan and Wisconsin and other front-line voting rights leaders, to plan next steps for this week, for this year, for this decade. My presentation to Justice, to Congressmen and rights advocates, to the press, was so much more powerful because I arrived in DC with the goods, the evidence, the film, the facts from Michigan, from the scene of the electoral crime. So, in the end, my assignment wasn’t cancelled: I went to work for YOU. Because I have faith that my readers agree that this work is important, that I’m not on some fool’s errand. The US media doesn’t want to cover the vote theft—because, hey, the count is over—and we should get over it. I am not over it. I am standing my ground. Let me know if you think I’ve made the right decision. Feed the team. I have nothing to offer you in return except some signed discs and books (or the Combo)— and the facts. Continue Supporting the 2016 Stolen Election Investigation because it ain’t over and we’re not done. – Greg Palast   * * * * * Greg Palast (Rolling Stone, Guardian, BBC) is the author of The New York Times bestsellers, The Best Democracy Money Can Buy and Billionaires & Ballot Bandits, now out as major motion non-fiction movie. Rent or buy the film from Amazon or Vimeo. Visit the Palast Investigative Fund store or simply make a tax-deductible contribution to keep our work alive!  Or support the The Palast Investigative Fund (a project of The Sustainable Markets Foundation) by shopping with Amazon Smile. AmazonSmile will donate 0.5% of your purchases to the Palast Fund and you get a tax-deduction! More info. GregPalast.com   The post A note in the snow appeared first on Greg Palast.18 Dec
The Republican Sabotage of the Vote Recounts in Michigan and Wisconsin - By Greg Palast for Truthout Photo of Michigan ballot with bubble. (Image courtesy of Palast Investigative Fund, 2016)Michigan officials declared in late November that Trump won the state's count by 10,704 votes. But hold on – a record 75,355 ballots were not counted. The uncounted ballots came mostly from Detroit and Flint, majority-Black cities that vote Democratic. According to the machines that read their ballots, these voters waited in line, sometimes for hours, yet did not choose a president. Really? This week, I drove through a snowstorm to Lansing to hear the official explanation from Ruth Johnson, the Republican secretary of state. I was directed to official flack-catcher Fred Woodhams who told me, "You know, I think when you look at the unfavorability ratings that were reported for both major-party candidates, it's probably not that surprising." Sleuthing about in Detroit, I found another explanation: bubbles. Bubbles? Michigan votes on paper ballots. If you don't fill the bubble completely, the machine records that you didn't vote for president. Susan, a systems analyst who took part in the hand recount initiated by Jill Stein, told me, "I saw a lot of red ink. I saw a lot of checkmarks. We saw a lot of ballots that weren't originally counted, because those don't scan into the machine." (I can only use her first name because she's terrified of retribution from Trump followers in the white suburb where she lives.) Other ballots were not counted because the machines thought the voter chose two presidential candidates. How come more ballots were uncounted in Detroit and Flint than in the white 'burbs and rural counties? Are the machines themselves racist? No, but they are old, and in some cases, busted. An astonishing 87 machines broke down in Detroit, responsible for counting tens of thousands of ballots. Many more were simply faulty and uncalibrated. I met with Carlos Garcia, University of Michigan multimedia specialist, who, on Election Day, joined a crowd waiting over two hours for the busted machine to be fixed. Some voters left; others filled out ballots that were chucked, uncounted, into the bottom of machine. When the machine was fixed, Carlos explained, "Any new scanned ballots were falling in on top of the old ones." It would not be possible to recount those dumped ballots. This is not an unheard of phenomenon: I know two voters who lost their vote in another state (California) because they didn't fill in the bubble – my parents! Meet mom and dad in my film, The Best Democracy Money Can Buy: How did Detroit end up with the crap machines? Detroit is bankrupt, so every expenditure must be approved by "emergency" overlords appointed by the Republican governor. The GOP operatives refused the city's pre-election pleas to fix and replace the busted machines. "We had the rollout [of new machines] in our budget," Detroit City Clerk Janice Winfrey said. "No money was appropriated by the state." Same in Flint. GOP state officials cut the budget for water service there, resulting in the contamination of the city's water supply with lead. The budget cuts also poisoned the presidential race. The Human Eye Count There is, however, an extraordinary machine that can read the ballots, whether the bubbles are filled or checked, whether in black ink or red, to determine the voters' intent: the human eye. That's why Dr. Jill Stein, the Green Party candidate, paid millions of dollars for a human eyeball count of the uncounted votes. While labeled a "recount," its real purpose is to count the 75,355 votes never counted in the first place. Count those ballots, mostly in Detroit and Flint, and Trump's victory could vanish. Adding to the pile of uncounted ballots are the large numbers of invalidated straight-ticket votes in Detroit. In Michigan, you can choose to make one mark that casts your vote for every Democrat (or Republican) for every office. Voters know that they can vote the Democratic ballot but write in a protest name – popular were "Bernie Sanders" and "Mickey Mouse" – but their ballot, they knew, would count for Clinton. However, the Detroit machines simply invalidated the ballots with protest write-ins because the old Opti-Scans wrongly tallied these as "over-votes" (i.e., voting for two candidates). The human eye would catch this mistake. But Michigan Attorney General Bill Schuette stymied Stein's human eye count. The Republican pol issued an order saying that no one could look at the ballots cast in precincts where the number of votes and voters did not match – exactly the places where you'd want to look for the missing votes. He also ordered a ban on counting ballots from precincts where the seals on the machines had been broken – in other words, where there is evidence of tampering. Again, those are the machines that most need investigating. The result: The recount crews were denied access to more than half of all Detroit precincts (59 percent). I met with Stein, who told me she was stunned by this overt sabotage of the recount. "It's shocking to think that the discounting of these votes may be making the critical difference in the outcome of the election," she said. This story was repeated in Wisconsin, which uses the same Opti-Scan system as Michigan. There, the uncounted votes, sometimes called "spoiled" or "invalidated" ballots, were concentrated in Black-majority Milwaukee. Stein put up over $3 million of donated funds for the human eye review in Wisconsin, but GOP state officials authorized Milwaukee County to recount simply by running the ballots through the same blind machines. Not surprisingly, this instant replay produced the same questionable result. Adding Un-Votes to the Uncounted Stein was also disturbed by the number of voters who never got to cast ballots. "Whether it's because of the chaos [because] some polling centers are closed, and then some are moved, and there's all kinds of mix-ups," she said. "So, a lot of people are filling out provisional ballots, or they were being tossed off the voter rolls by Interstate Crosscheck." Interstate Crosscheck is a list that was created by Donald Trump supporter and Kansas Secretary of State Kris Kobach to hunt down and imprison voters who illegally voted or registered in two states in one election. An eye-popping 449,092 Michiganders are on the Crosscheck suspect list. The list, which my team uncovered in an investigation for Rolling Stone, cost at least 50,000 of the state's voters their registrations. Disproportionately, the purged voters were Blacks, Latinos and that other solid Democratic demographic, Muslim Americans. (Dearborn, Michigan, has the highest concentration of Arab Americans in the US.) The Michigan Secretary of State's spokesman Woodhams told me the purpose of the mass purge was, "to clean our voter lists and ensure that there's no vulnerability for fraud. We've been very aggressive in closing vulnerabilities and loopholes to fraud." While Woodhams did not know of a single conviction for double-voting in Michigan, the "aggression" in purging the lists was clear. I showed him part of the Michigan purge list that he thought was confidential. The "double voters" are found by simply matching first and last names. Michael Bernard Brown is supposed to be the same voter as Michael Anthony Brown. Michael Timothy Brown is supposed to be the same voter as Michael Johnnie Brown. Woodhams assured me the GOP used the Trump-Kobach list with care, more or less. He said, "I'm sure that there are some false positives. But we go through it thoroughly, and we're not just canceling people." As to the racial profiling inherent in the list? Did he agree with our experts that by tagging thousands of voters named Jose Garcia and Michael Brown there would be a bias in his purge list? The GOP spokesman replied, "I've known a lot of white Browns." Jill Stein didn't buy it. Responding to both Michigan's and Trump's claim that voter rolls are loaded with fraudulent double voters, Stein said, "It's the opposite of what he is saying: not people who are voting fraudulently and illegally, but actually legitimate voters who have had their right to vote taken away from them by Kris Kobach and by Donald Trump." Crosscheck likely cost tens of thousands their vote in Pennsylvania as well. "It is a Jim Crow system, and it all needs to be fixed," Stein concluded. "It's not rocket science. This is just plain, basic democracy." * * * * * Greg Palast (Rolling Stone, Guardian, BBC) is the author of The New York Times bestsellers, The Best Democracy Money Can Buy and Billionaires & Ballot Bandits, now out as major motion non-fiction movie. Support the 2016 Stolen Election Investigation After investigating the REAL story of the recount, we stopped by the Department of Justice and handed them our Crosscheck petition, signed by 50,000 people. We have a lot more work to do and thankfully, our efforts are starting to get notice. We're not done... Join us bySupporting the Stolen Election Investigation Rent or buy the film from Amazon or Vimeo. Visit the Palast Investigative Fund store or simply make a tax-deductible contribution to keep our work alive!  Or support the The Palast Investigative Fund (a project of The Sustainable Markets Foundation) by shopping with Amazon Smile. AmazonSmile will donate 0.5% of your purchases to the Palast Fund and you get a tax-deduction! More info. GregPalast.com   The post The Republican Sabotage of the Vote Recounts in Michigan and Wisconsin appeared first on Greg Palast.18 Dec
Palast Report for Democracy Now!:By Rejecting Recount, Is Michigan Covering up 75,000 Ballots Never Counted? - Investigative reporter Greg Palast has just returned from Michigan, where he went to probe the state’s closely contested election. Trump won Michigan by fewer than 11,000 votes out of nearly 4.8 million votes cast. Green Party presidential contender Dr. Jill Stein attempted to force Michigan to hold a recount, but a federal judge ordered Michigan’s Board of Elections to stop the state’s electoral recount. One big question remains: Why did 75,335 ballots go uncounted? Support the 2016 Stolen Election Investigation My team and I just returned from Michigan to report the REAL story of the recount. I’ve also been responding to urgent requests in the recount states for our technical files and analysis. We're in Washington and stopped by the Department of Justice yesterday and handed them our Crosscheck petition, signed by 50,000 people. Join us by Supporting the Stolen Election Investigation Last stop for Democracy • PLEASE, say, "Count me in to count the votes" by supporting the 2016 Stolen Election Investigation for a donation of any size no matter how small or large • Stay informed and get a signed DVD of my film The Best Democracy Money Can Buy, a signed copy of the book with the same title or better still - get the Book & DVD combo  • Be listed as a producer ($1,000) or co-producer ($500) in the credits of the broadcast version of the updated, The Best Democracy Money Can Buy:  THE THEFT OF 2016. * * * * * Greg Palast (Rolling Stone, Guardian, BBC) is the author of The New York Times bestsellers, The Best Democracy Money Can Buy and Billionaires & Ballot Bandits, now out as major motion non-fiction movie. Donate to the Palast Investigative Fund and get the signed DVD. Download the FREE Movie Comic Book. Rent or buy the film from Amazon or Vimeo. Visit the Palast Investigative Fund store or simply make a tax-deductible contribution to keep our work alive!  Or support the The Palast Investigative Fund (a project of The Sustainable Markets Foundation) by shopping with Amazon Smile. AmazonSmile will donate 0.5% of your purchases to the Palast Fund and you get a tax-deduction! More info. GregPalast.com   The post Palast Report for Democracy Now!:By Rejecting Recount, Is Michigan Covering up 75,000 Ballots Never Counted? appeared first on Greg Palast.13 Dec
Crosscheck Is Not Just Crooked, It’s Criminal - After reading my report on the Kobach/Koch/Trump operation, which has removed tens of thousands of minority voters from the rolls in the swing states that surprisingly shifted to Trump, former federal judge (and now Congressman) Alcee Hastings told me Crosscheck is a criminal violation of federal law. Hastings has called for criminal indictments and written an official Congressional member letter to ask for investigation. hastings-crosscheck-letter-to-ag-lynch Hastings’ demand for justice is backed by a petition to expose and end Crosscheck’s racist attacks on voting rights. So far it's been signed by 50,000 people, including 29,507 members of 18 Million Rising, the Asian-American rights group. The group is joined by co-signers Rep. Keith Ellison, Bill Gallegos of Climate Justice, Martin Luther King III and others. On Tuesday, December 13 I will join the leaders of 18 Million rising in Washington, D.C. to present the petition to Attorney General Loretta Lynch. Stopping Crosscheck is the Standing Rock of racist vote suppression.  If we don’t open the investigations now, by January 21, Kris Kobach will be Homeland Security chief and Jeff Sessions Attorney General. Demand an investigation into Crosscheck, sign our petition — and then share it! For the full story, see the film, The Best Democracy Money Can Buy, the story of my investigation of Crosscheck. * * * * * Greg Palast (Rolling Stone, Guardian, BBC) is the author of The New York Times bestsellers, The Best Democracy Money Can Buy and Billionaires & Ballot Bandits, now out as major motion non-fiction movie. Donate to the Palast Investigative Fund and get the signed DVD. Download the FREE Movie Comic Book. Rent or buy the film from Amazon or Vimeo. Visit the Palast Investigative Fund store or simply make a tax-deductible contribution to keep our work alive!  Or support the The Palast Investigative Fund (a project of The Sustainable Markets Foundation) by shopping with Amazon Smile. AmazonSmile will donate 0.5% of your purchases to the Palast Fund and you get a tax-deduction! More info. The post Crosscheck Is Not Just Crooked, It’s Criminal appeared first on Greg Palast. 5 Dec
The No-BS Inside Guide to the Presidential RecountSorry, no Russian hacker hunt - by Greg Palast for Truthout There's been so much complete nonsense since I first broke the news that the Green Party would file for a recount of the presidential vote, I am compelled to write a short guide to flush out the BS and get to just the facts, ma'am. Nope, they’re not hunting for Russian hackers To begin with, the main work of the recount hasn't a damn thing to do with finding out if the software programs for the voting machines have been hacked, whether by Putin’s agents or some guy in a cave flipping your vote from Hillary to The Donald. The Green team does not yet even have the right to get into the codes. But that's just not the core of the work. The ballots in the electoral “dumpster” The nasty little secret of US elections, is that we don't count all the votes. In Wisconsin, Michigan and Pennsylvania—and all over America—there were a massive number of votes that were simply rejected, invalidated, and spoiled. They were simply, not counted.  Officially, in a typical presidential election, at least three million votes end up rejected, often for picayune, absurd reasons. The rejects fall into three big categories:  provisional ballots rejected, absentee and mail-in ballots invalidated and in-precinct votes “spoiled,” spit out by a machine or thrown out by a human reader as unreadable or mis-marked. So, as Robert Fitrakis, lead lawyer for the recount tells me, their first job is to pull the votes out of the electoral dumpster—and, one by one, make the case for counting a rejected provisional, absentee or “spoiled” ballot. Spoiled:  over-votes and under-votes How does a vote spoil? Most fall in the categories of “over-votes” and “under-votes.” In Michigan, the Green team has found a whole lot of people who voted for TWO candidates for President.  These are the “over-vote”—votes that will count for neither candidate. How odd.  While the schools in Detroit are not stellar, its graduates do know that they can only have one president. Then, some folks didn’t vote at all.  They are the “under-voter.” But, Fitrakis and team suspect, many of these under- and over-voters meant to vote for a candidate but the robot reader couldn’t understand their choice. Here’s how it happens.  Voters in Michigan and Wisconsin fill in bubbles next to their choice.  The cards, filled up with darkened bubbles for each race, are gathered and fed through an “optical scanner.” These robotic eyeballs mess up all the time. This is what Fitrakis, an old hand at vote-machine failures (both deliberate and benign), calls “the calibration problem.” Are machines calibrated with a Republican or Democratic bias? No, that's not how it works. But just as poor areas get the worst schools and hospitals, they also get the worst voting machines. The key is an ugly statistic not taught in third grade civics class:  According to the US Civil Rights Commission, the chance your vote will be disqualified as “spoiled” is 900% more likely if you’re Black than if you’re white. So the Green Party intends to review every single one of the six million bubble-filled cards. They’ll use the one instrument that can easily tell one bubble from two, or one bubble from none: the human eye. As you can imagine, This will require several thousand eyes.  The good news is, Fitrakis reports, that well over a thousand volunteers have already signed up.  Training by Skype begins Tuesday morning. Support the 2016 Stolen Election Investigation The team and I are off to Ground Zero:  Michigan. Wisconsin. Pennsylvania. To report the REAL story of the recount. I’m also responding to urgent requests in the recount states for our technical files and analysis. And then it’s on to Washington—to the Department of Justice—while there’s a bit of Justice left. Join us by Supporting the Stolen Election Investigation Last stop for Democracy Provisional or “placebo” ballots According to the US Elections Assistance Commission (EAC), Americans cast 2.7 million provisional ballots in the last presidential election.  About a million were simply discarded.  What?! Yes.  Discarded, not counted.  You show up at your normal polling station and they can’t find your name, or they don’t like your ID, or you’re supposed to vote in another precinct.  Instead of letting you vote on a regular ballot, you fill out a “provisional” ballot and place it in an envelope, sign your name, and under penalty of jail time for lying, affirm you’re a properly registered voter. The polls close—then the magic begins.  It’s up to highly partisan election officials to decide if your vote counts.  Hillary Clinton only won one swing state, Virginia, notably, the only one where the vote count was controlled by Democrats.  She lost all swing states—Michigan, Wisconsin, Pennsylvania, Ohio, Arizona, North Carolina and Florida—where the GOP set the rules for counting these ballots and their hacks acted as the judge and jury on whether a ballot should be counted. Wisconsin generally rejects votes cast in the wrong precinct, even if they’re legal voters—and, says Fitrakis, “even if their official precinct was just another table in the same high school gym—and they were mis-directed by poll workers.” (That’s why I sometimes call “provisional” ballots “placebo” ballots.  They let you feel you’ve voted, even if you haven’t.) In Wisconsin, provisional ballots were handed to voters—mostly, it appears, students—who didn’t have the form of ID required under new Wisconsin law. These ballots were disqualified despite zero evidence even one voter was an identity thief. Fitrakis says the Stein campaign will fight for each of these provisional votes where this is clearly no evidence the vote is fraudulent. Mail-in, Early and Absentee Ballots go Absent If you’ve gone postal in this election, good luck!  According to EAC data, at least half a million absentee ballots go absent, that is, just don’t get counted.  The cause: everything from postage due to “suspect signature.” Fitrakis told me that in his home state of Ohio, you need to put your driver’s license number on the envelope, “and if you don’t have a driver’s license and leave the line blank—instead of writing ‘no driver’s license’—they toss your ballot. From Palast's book The Best Democracy Money Can Buy: A Tale of Billionaires & Ballot Bandits by Ted Rall It’s a “gotcha!” system meant to knock out the ballots the officials don’t want to count.  (Remember, your mail-in ballot is anything but secret.)  Team Green will try to fight for each absentee ballot rejected for cockamamie reasons. If the recount doesn’t change the outcome, can we feel assured the election was honest? Sadly, no.  As Fitrakis says, “If a student is given a provisional ballot because they didn’t have the right ID, or the state simply lost their registration, we can fight for the ballot to be counted.  But most students who voted off campus didn’t know their right to get a provisional ballot and most probably didn’t get offered one. Students and others were discouraged from voting because they lacked the proper ID (300,000 by the estimate of the experts with the ACLU—that’s thirty times Trump’s plurality).  But if you didn’t cast any ballot, provisional or otherwise, no one can fight for it. And final decisions may come down to the vote of the Wisconsin Elections Commission, God forbid.  As Norman Stockwell, the editor of Madison-based The Progressive explained to me, formerly, elections law adjudications were made by a panel of non-partisan judges.  These were replaced by this new commission of partisan shills appointed by GOP Governor Scott Walker. Trump says millions voted illegally. Is he crazy? Crazy like a fox.  There’s a method in his madness that affects the recount. While the media dismisses Trump’s claim that there are "millions of people that voted illegally," they have not paid attention to the details of his claim.  Trump explains that millions of people are “voting many, many times,” that is, voting in two states in the same election. Trump’s claim is based on a list of “potential duplicate voters” created by his operative, Kansas Secretary of State Kris Kobach.  Kobach (a top dog in Trump’s transition team)  directs a program for hunting down fraudulent voters using a computer system called, “Crosscheck.” It’s quite a computer:  Crosscheck identified a breathtaking 449,922 Michiganders who are suspected of voting or registering in a second state, a felony crime, as are 371,923 in Pennsylvania. I spent two years investigating the Trump/Kobach claim for Rolling Stone.  We obtained the “confidential” suspect list of several million citizens accused of voting twice.  In fact, it was no more than a list of common names—Maria Hernandez, James Brown, David Lee—that is, common to voters of color.  Read: Democrats.  A true and typical example: Michael James Brown of Michigan is supposed to be the same voter as Michael Kendrick Brown of Georgia. Page from The Best Democracy Money Can Buy (FREE) Comic book penned by Keith Tucker About 54,000 voters in Michigan, five times Trump’s plurality, lost their right to vote based on this nutty double-voter accusation.  In Pennsylvania, about 45,000 were purged. The problem for Fitrakis:  While he eventually plans to file suit against Crosscheck purges, in the meantime, it’s not clear he can challenge someone whose lost their vote because of a false accusation of double voting.  And those who found their names missing and didn’t demand a provisional ballot—there’s no hope at all of recovering their vote. Is Jill Stein going to get rich? Fitrakis laughs at this one.  “The FEC [Federal Elections Commission] has very strict rules on recounts. The donations for the recount are sequestered in a specially designated account and all spending is restricted to the recount.” The big problem is that the cost is somewhat out of Stein’s control.  Each state will bill the campaign for the “pro-rated salaries and benefits” of its county and state officials working on the recount. To add to the cost and just plain drive the Green team crazy, the Wisconsin Election Board announced on Monday that each separate county elections clerk will decide if they’ll even let the Green volunteers directly view the ballots.  Fitrakis and partners will have to get a court order to get into each county.  How does one recount ballots without seeing them?  (Hmm, is the Wisconsin board, stooges appointed by the GOP Governor, fearful that the viewing the ballots will expose the game?) Hillary joins the fray What will the Clinton camp add to the recount? “Lawyers,” said Fitrakis, though he’s yet to see them.  The Clinton campaign is apparently helping find one voter in each Pennsylvania county, as one is required in each jurisdiction to file for a recount of that state. And what about that hack job? While Fitrakis is not looking for Russkies in the computer code, he says, “We’re more concerned with the private companies that control the keys to the kingdom—to match what’s on paper to the official count.”  The “keys” are the little machines, memory cards and other electronic gewgaws that are used to suck the data from the voting machine—which are carried off to another state for tabulation by a private contractor.  Will these tabulations at each step match what the volunteers find in the on-the-ground recount? One problem is that the tabulation software is “proprietary.”  A private company owns the code to the count—and the privateers will fight fiercely, with GOP help, to keep the ballot counting code their commercial secret. Push and Pray Pennsylvania In the end, the single biggest impediment to a full and fair recount is that 70 percent of Pennsylvania voters used what are called, “Push and Pray” voting machines—Direct Recording Electronic touch-screens.  Push the screen next to your choice and pray it gets recorded. Pennsylvania is one of the only states that has yet to require some form of VVPAT (“vee-pat”) or voter-verified paper audit trail that creates an ATM-style receipt. Therefore, the Keystone State recount will have to rely on hopes of access to the code, statistical comparisons to counties that used paper ballots—and prayer. Maybe it IS the Russians The possibility that a Putin pal hacked the machines was championed by University of Michigan computer sciences professor J. Alex Halderman who proposed, “The attackers would probe election offices well in advance in order to find ways to break into their computers…and spread malware into voting machines.” I imagine some squat, middle-pay-scale civil servant in chinos and a pocket protector who works in the Michigan Secretary of State’s office approached, one late overtime night, by some FSB agent in high heels and a slinky dress split halfway up her thigh. The svelte spy would lean against the bureaucrat provocatively and whisper, “My handsome dahling, would you mind sticking this little thumb drive into that big old computer of yours?” Professor Halderman, if you want to help the recount, put down the James Bond novels and pick up some Opti-Scan ballots.  We’ve got a lot of bubbles to read.  End PLEASE, say, "Count me in to count the votes" by supporting the 2016 Stolen Election Investigation for a donation of any size no matter how small or large Stay informed and get a signed DVD of my film The Best Democracy Money Can Buy, a signed copy of the book with the same title or better still - get the Book & DVD combo Be listed as a producer ($1,000) or co-producer ($500) in the credits of the broadcast version of the updated, The Best Democracy Money Can Buy:  THE THEFT OF 2016. * * * * * Greg Palast (Rolling Stone, Guardian, BBC) is the author of The New York Times bestsellers, The Best Democracy Money Can Buy and Billionaires & Ballot Bandits, now out as major motion non-fiction movie. Donate to the Palast Investigative Fund and get the signed DVD. Download the FREE Movie Comic Book. Rent or buy the film from Amazon or Vimeo. Visit the Palast Investigative Fund store or simply make a tax-deductible contribution to keep our work alive!  Or support the The Palast Investigative Fund (a project of The Sustainable Markets Foundation) by shopping with Amazon Smile. AmazonSmile will donate 0.5% of your purchases to the Palast Fund and you get a tax-deduction! More info. GregPalast.com   The post The No-BS Inside Guide to the Presidential RecountSorry, no Russian hacker hunt appeared first on Greg Palast.30 Nov
Exclusive: Jill Stein just called, Green Party filing for recount in Michigan, Wisconsin and Pennsylvania - by Greg Palast Jill Stein just called to say that I am the first one to be informed that the Green Party is formally petitioning for a recount in 3 states, Wisconsin, Michigan and Pennsylvania. Trump’s margin is less than 11,600 in Michigan, 27,200 in Wisconsin and 68,000 in Pennsylvania. If just a few thousand votes are found in Wisconsin and Michigan, Hillary Clinton becomes president by 276 electoral votes verses 264 for Trump. Support the 2016 Stolen Election Investigation Stein told me “We’re filing in Wisconsin Friday because the votes were cast on proven hack-prone machines. This has been a hack-ridden election.” She said that it will be most difficult to recount the machines in Pennsylvania. When asked why the democrats are not bringing this action, Stein told this reporter that “Democrats do not act to protect the vote even when there is dramatic evidence” of tampering. The Green Party told us that Stein will be represented by experienced voting rights attorney’s John Bonifaz, Boston, MA and Robert Fitrakis, Columbus, OH. Stein said, “our voting system is on life support.” The presidential candidate also said, “The Green Party will continue to be the go to advocate for voting rights. That includes fighting vote suppression tactics such as the Interstate Crosscheck system.” Interstate Crosscheck is the program which wrongly purged hundreds of thousand of minority voters in this election, according to the investigation this reporter fro Rolling Stone Magazine. Stein received 50,700 votes in Michigan, five times Trump’s winning plurality, and 30,980 in Wisconsin, more than Trump’s margin. When asked the "Nader" question, "Isn’t it true that your votes in Wisconsin and Michigan, if they went to Clinton, would have blocked Trump?", Stein answered, "Not at all. Our polls showed that 61% of our voters would have simply sat out the election, and one-third of the remaining voters would have voted Trump." The candidate insisted, "We are the ‘un-spoilers.’" Stein said she acted when Clinton turned silent because, "Only candidates may formally demand a re-count and we have standing." * * * * * Greg Palast (Rolling Stone, Guardian, BBC) is the author of The New York Times bestsellers, The Best Democracy Money Can Buy and Billionaires & Ballot Bandits, now out as major motion non-fiction movie. Donate to the Palast Investigative Fund and get the signed DVD. Download the FREE Movie Comic Book. Rent or buy the film from Amazon or Vimeo. Visit the Palast Investigative Fund store or simply make a tax-deductible contribution to keep our work alive!  Or support the The Palast Investigative Fund (a project of The Sustainable Markets Foundation) by shopping with Amazon Smile. AmazonSmile will donate 0.5% of your purchases to the Palast Fund and you get a tax-deduction! More info. GregPalast.com   The post Exclusive: Jill Stein just called, Green Party filing for recount in Michigan, Wisconsin and Pennsylvania appeared first on Greg Palast.23 Nov
Here’s what we do now A personal note by Greg Palast - Being right never felt so horrid. “This is the story of the theft of the 2016 election. It’s a crime still in progress.” So opens my film, The Best Democracy Money Can Buy. And on Election night I waited for the returns to make a fool of me. Instead, the returns made the fool a President. And so, my vacation’s cancelled. My life’s cancelled; that is, a life of anything but sleuthing and exposing the details of the heist of our democracy. What’s at stake? No way around it, this is one frightening moment. Decades of progress created with sweat and determination face destruction.  Within the next six months, we may see the Voting Rights Act repealed—and civil rights set back 50 years; the entirety of our environmental protection laws burnt in a coal pit; police cruelty made our urban policy; the Education Department closed to give billionaires a tax holiday; and a howling anti-Semite as White House Senior Counselor. But the horror we face is countered by this one hard and hopeful fact:  Donald Trump did NOT win this election. Trump not only lost the popular vote by millions — he did not legitimately win the swing states of the Electoral College. Michigan, Florida, North Carolina, Arizona, Ohio:  every one was stolen through sophisticated, and sickeningly racist vote suppression tactics. If you saw my report for Democracy Now! on election morning, it revealed that Ohio GOP officials turned off anti-hacking software on voting machines, forced Black voters to wait hours in line (while whites had no wait). And, crucially, I confirmed that purged tens of thousands of minority voters on fake accusations they’d voted twice.  I first exposed this bogus double-voter blacklist called Crosscheck, in Rolling Stone. It’s the sick excrescence crafted by Kris Kobach, the Trump transition team's maven who also created the Muslim-tracker software he’s bringing to the Trump administration. What can we do now? I have been INUNDATED with requests for my factual reports and findings by media and, most important, the front-line activist groups preparing for the fierce fight to protect our votes. Some examples: Rev. William Barber of the NAACP filed a suit based in North Carolina,  hoping to overturn the Trump "victory" — and protect the tiny margin of the Democrat’s win of the Governor’s mansion.  The NAACP cites my discovery of "Crosscheck" — in which North Carolina removed upwards of 190,000 voters on false charges they voted twice. They now need my facts. Congressmen Keith Ellison and Alcee Hastings of the Congressional Black Caucus, personally presented Attorney General Loretta Lynch with my investigative reports and demanded investigation — "and indictments."  That investigation must kick off immediately. They now need my facts. The Asian-American civil rights group 18 Million Rising has gathered 50,000 signatures to push the Justice Department to investigate my evidence of a massive attack on the Asian-American vote. They now need my facts. In Michigan, the ACLU is ready to take action on the purge scheme I uncovered, "Crosscheck," that wrongly gave the state to Trump. In Ohio, voting rights attorney Robert Fitrakis is going into court with evidence, much that I uncovered, of racist voting games — from 5-hour-long lines in Black precincts to shutting off ballot security measures on the voting machines. The team need my facts. I expect to be in Washington at the Justice Dept and meeting with civil rights groups in December before the Electoral College meets. Information—plus film, video, investigative reports And beyond the voluminous files and confidential documents my team has uncovered that is sought by activists, we are deluged with requests for our film, videos, writings and more. And now we have US networks, even major comedy shows, asking for our material and, of course, new investigative findings. Information and facts make a difference With our investigative reports, with our hard and unassailable evidence, we can challenge the legitimacy of the Trump "election."  Most important, we must begin the difficult but necessary work of protecting and restoring voting rights.  The 2018 Election — and the threat of more stolen elections — is upon us. What we need to keep going...  Your extraordinary support and faith in our work funded my film The Best Democracy Money Can Buy, which is now more relevant than ever and being seen by ever more audiences. Now we need your financial support again to keep this fight going. We just did not budget for the GOP's in-your-face steal of the Congress and White House.  All our resources went into raising the alarm before the election. So, now, I have to re-hire the staff, hit the road again. Ohio, North Carolina, Washington DC and who knows where, retain attorneys—and retain our team of technicians from cameramen to outreach organizers. Can this new work be done? Is there any choice? Honestly and personally, I was hoping for some rest and time off. But a lifetime of your work and mine is now in the balance. ● PLEASE, say, "Count me in to count the votes" by supporting the 2016 Stolen Election Investigation for a donation of any size no matter how small or large ● Be listed as a producer ($1,000) or co-producer ($500) in the credits of the broadcast version of my film The Best Democracy Money Can Buy ● Stay informed and get a signed DVD of my film The Best Democracy Money Can Buy, a signed copy of the book with the same title or better still - get the Book & DVD combo. And does an angel have the $8K needed for our Washington work and filming?  If so, flap your wings. I can't thank you enough for all the years of support. Alas... our work is not done. Greg Palast and the Palast Investigations Team * * * * * Greg Palast (Rolling Stone, Guardian, BBC) is the author of The New York Times bestsellers, The Best Democracy Money Can Buy and Billionaires & Ballot Bandits, now out as major motion non-fiction movie. Donate to the Palast Investigative Fund and get the signed DVD. Download the FREE Movie Comic Book. Rent or buy the film from Amazon or Vimeo. Visit the Palast Investigative Fund store or simply make a tax-deductible contribution to keep our work alive!  Or support the The Palast Investigative Fund (a project of The Sustainable Markets Foundation) by shopping with Amazon Smile. AmazonSmile will donate 0.5% of your purchases to the Palast Fund and you get a tax-deduction! More info. GregPalast.com   The post Here’s what we do now A personal note by Greg Palast appeared first on Greg Palast.20 Nov
Ethnic Votes Stolen in Crucial States Help Fix US Election For Trump Reveals Greg Palast - By Ben Gelblum | The London Economic Throughout the US election campaign one of The Donald’s main refrains was “this election is rigged.” Turns out this particular Trump election rallying cry wasn’t a lie… Well, not entirely. Veteran election investigator Greg Palast has uncovered the sickening truth. I spoke to Palast about evidence of widespread systemic election rigging, robbing black, hispanic and asian American voters of their right to vote in crucial states. – Enough votes to swing the election away from the Hillary Clinton victory predicted in polls – explaining suspicious exit polls inconsistencies – and towards a shock result for Trump and Republican victory in the Senate. “Before a single vote was even cast, the election was already fixed by Trump operatives,” explains Palast. “This country is violently divided. There simply aren’t enough white guys to elect Trump nor a Republican Senate. The only way they could win was to eliminate the votes of non-white guys—and they did so by tossing black provisional ballots into the dumpster, new strict voter ID laws that saw students and low income voters turned away—the list goes on.” Palast has spent the past decade and a half investigating and identifying several techniques used to suppress ethnic minority and young votes – the voters that statistically vote Democrat. And this is surely the biggest and most unreported scandal of the most bizarre election any of us can recall. According to The Guardian, Palast is the “most important investigative reporter of our time – up there with Woodward and Bernstein.” The fast-talking fedora-topped reporter has investigated election irregularities for publications such as The Guardian, Rolling Stone, and BBC’s Newsnight, ever since the controversial Bush v Gore election in 2000. The 2000 election was too close to call without Florida, where votes were counted and recounted for weeks before George W Bush won the state by a margin of just 537 votes out of almost 6 million, and as a result the presidency. Palast uncovered the purge of 56,000 black voters in Florida – wrongly deleted from voter rolls as ex-felons. Now Palast’s investigative team are certain that vote suppression techniques were instrumental in last week’s Republican presidential and Senate victory. “For years I have been following the American election process which is nothing like in England,” says Palast. “Election manipulation is a very big factor in US elections. I found we had a massive problem in Florida in 2000, similarly in 2004 in Ohio with tens of thousands of invalidated votes. And now we are back at it again.” So why were Trump and his acolytes constantly drawing attention to vote rigging during the campaign? Trump was constantly banging on about debunked claims of large scale voter fraud, urging supporters to volunteer to monitor the polls, and creating an atmosphere where hysteria and conspiracy theories abounded. Former New York Mayor Rudy Giuliani, talked about busloads of people voting numerous times in some big cities. He also quipped that “dead people generally vote for Democrats, rather than Republicans.” Yet truly, you are more likely to be struck by lightning in the next year (a one in 1,042,000 chance, according to the National Oceanic and Atmospheric Administration) than to find a case of voter fraud by impersonation (31 in over a billion ballots cast from 2000 to 2014, according to Loyola law school’s research). Trump allies often cited the fact that Mitt Romney failed to win a single vote in 59 out of 1,687 Philadelphia precincts that happened to be almost entirely black. But with their demographic make up it’s no surprise why and investigations by Philadelphia’s Republican Party and the Philadelphia Inquirer found nothing untoward. Nationwide, 93% of black voters voted for Barack Obama that year. In 2012, an Arizona State University study concluded: “while fraud has occurred, the rate is infinitesimal, and in-person voter impersonation on Election Day, which prompted 37 state legislatures to enact or consider tough voter ID laws, is virtually non-existent.” Yet despite the lack of evidence or convictions for the crime of multiple voting, certain Republican figures devised draconian systems to prevent it, which have also served to deny electorally significant sections of the population of their right to vote. – Disproportionately ethnic votes, which are way more likely to be Democrats. And now the election is over, according to Palast, Trump’s increasing hysteria about vote rigging served as the ultimate smokescreen for a systematic denial of hundreds of thousands of crucial votes in the name of preventing fraud. – A ‘bigly’ enough scam to win Trump the Whitehouse. Palast started investigating Donald Trump’s increasingly hysterical claims that the election was rigged by people voting many times for Rolling Stone Magazine, and made some shocking discoveries in his report last August: The GOP’s Stealth War Against Voters. As a response to constant paranoia about voter fraud, 30 mainly Republican states have adopted a system called the Interstate Voter Registration Crosscheck Program (Crosscheck), according to the National Conference of State Legislatures. This system was devised in 2005 by Kansas Secretary of State Kris Kobach, better known as the anti-immigration fanatic responsible for Trump’s idea of building a wall on the US / Mexico border and getting Mexico to pay for it. Kobach, like Trump, has given lip service to conspiracy theories, especially ones that bolster fears of the growing influence of racial and ethnic minorities in the U.S. And now, interestingly he has been rewarded by Trump with a job on his Transition Team as adviser on immigration. Kobach convinced other states, including crucial swing states such as Michigan and North Carolina, to share their voter lists to look for the same name potentially registered to vote in more than one state. Crosscheck supposedly matches first, middle and last name, plus birth date, and provides the last four digits of a Social Security number for additional verification. Seems like a sensible method to stop people voting more than once in separate states. Only it soon became clear that Crosschecking was neither accurate nor fair and was not being used as it should. Some states including Florida dropped out of the program due to doubts about the reliability of its data — though others joined despite them. Palast’s team discovered Crosscheck had amassed a list of 7.2 million voters accused of being potential double voters.  Yet despite such an enormous list of suspects, there has only been four arrests. “It is a crime to deliberately register to vote twice,” says Palast. “You go to jail for five years. And to organise double voting on a significant scale is practically impossible. They are basically arresting no one – about four arrests out of a list which identified around seven million potential double voters, and I doubt these arrests are even due to the list.” Palast’s team managed (legally) to get hold of over 2 million names identified as potential double voters and soon began to spot obvious mistakes. The failsafes of National Insurance number and date of birth meant to make the system foolproof were not attached and appeared to have been ignored. “The most common name in the world is Mohamed Mohamed,” explains Palast, scanning through the list of names, “so for example under this Trump hit list, Mohamed Said Mohamed is supposed to be the same voter as Mohamed Osman Mohamed – in fact about one out of four middle names don’t match and Jr and Sr don’t match – so for example with James Brown a very common black name – they are matching James Brown Sr to James Brown Jr and saying it’s the same voter and then the middle names don’t even match.” U.S. Census data shows that minorities are overrepresented in 85 of 100 of the most common last names. “If your name is Washington, there’s an 89 percent chance you’re African-American,” says Palast. “If your last name is Hernandez, there’s a 94 percent chance you’re Hispanic.” This inherent bias results in an astonishing one in six Hispanics, one in seven Asian-Americans and one in nine African-Americans in Crosscheck states landing on what Palast dubs “Trump’s hit list.”  Potential double registrants were sent a postcard and asked to verify their address by mailing it back. “The junk mail experts we spoke to said this postcard is meant not to be returned. It’s inscrutable small print, doesn’t mean anything. It doesn’t even say you’re accused of voting twice. It just says, please confirm your voting address,” explains Palast, “and most people of colour, poor voters don’t respond to this sort of mailing and they know that.” According to the Census Bureau, white voters are 21 percent more likely than blacks or Hispanics to respond to official requests; homeowners are 32 percent more likely to respond than renters; and the young are 74 percent less likely than the old to respond. Those on the move – students and the poor, who often shift apartments while hunting for work – might not get the mail in the first place. So if a few older white people, more likely to vote Republican were caught up in the mainly ethnic hit list, they were more likely to return the card and retain their right to vote. If you do not reply to the missive, state officials have discretion over what to do next, and the process varies from state to state. What Palast’s investigation made clear is ethnic voters were disproportionately likely to be targeted and purged from voter lists. All this despite other states choosing a more reliable system to prevent double voting: the Electronic Registration Information Center, (ERIC) – adopted by 20 member states plus the District of Columbia, according to its website. A 2013 report found ERIC actually boosted voter registration and turnout and eliminated errors in voter files. Palast’s investigators calculated 1.1 million people, many spread over crucial swing states were deprived of their right to vote last Tuesday.  According to the exit polls last Tuesday, 88% of black voters voted for Hillary Clinton, as well as  65% of hispanic and asian American voters. “The list is loaded overwhelmingly with voters of colour and the poor,” says Palast. “Many didn’t discover that their vote was stolen until they turned up last Tuesday and found their name missing. In the US they are given something called a provisional ballot, but if your name is not on the voter roll, you can fill out all the provisional votes you like they’re not going to count your vote. – They can’t even if you’re wrongly removed. “Trump’s victory margin in Michigan was 13,107 and the Michigan Crosscheck purge list was 449,922. Trump’s victory margin in Arizona- 85,257, Arizona Crosscheck purge list- 270,824;. Trump’s victory margin in North Carolina was 177,008 and the North Carolina Crosscheck purge list had 589,393 people on it.” Crosscheck was by no means the only method that came to light to disenfranchise voters more likely to vote Democrat. Palast also cites statistics on vote spoilage – “In the UK, glitches, spoiled or empty ballots are random,  but here, the US Civil Rights Commission found in Florida you are 900% more likely to lose your vote to spoilage if you are black than if you are white.” Statistician Philip Clinker author of the study, has said that this is typical nationwide, and according to Palast, if anything, the situation has got worse since the 2000 study. In 2013, the Supreme Court overturned part of the Voting Rights Act enacted in 1965 at the heart of the Civil Right Movement to prohibit racial discrimination in voting. This allowed all kinds of shenanigans in the lead up to last week that previously could have been challenged by the Department of Justice. In North Carolina, for example, Republicans even bragged: “African American Early Voting is Down.” – This after a federal court federal court found their voting restrictions “target African-Americans with almost surgical precision.” States, particularly those controlled by Republicans, made several changes this year, such as stricter voter ID laws and restricting polling booths, to make voting harder in a way that targeted generally Democrat-voting ethnic minority voters. There were reports of ridiculously long queues. As this is not the first election this has happened in, it appears to be a deliberate tactic. Harvard’s Stephen Pettigrew who studies polling lines found that ethnic minority voters were six times more likely to have to stand in line for over an hour. And losing out on work from disproportionately long queues costs people in ethnic minority areas proportionately more in lost income, which also puts them off voting next time. Pettigrew estimated that 200,000 people did not vote in 2014 because of queues encountered in 2012. “Election day was marred by long lines due to cuts in early voting and 868 fewer polling places,” adds Palast, “to say nothing of the untold millions who were unable to vote due to restrictive voter ID and felon disenfranchisement laws.” During the election last week, Palast also made a shocking discovery about voting machines in Ohio – one of the states in which he found many black voters were disenfranchised by a mixture of the Crosscheck and other systems, and exit polls differed markedly from the counted votes. “In the state of Ohio they have fancy new machines which can record an image of your vote and an anti-hacking function. They were turned off,” explains Palast. “I went to court with Bob Fitrakis a law professor in Ohio to have this overturned. I went into the judge’s chamber, and there the Republicans did not deny that it was turned off but they said to turn it back on would create havoc. – This after the FBI had issued a warning that they feared the machines would be hacked. “If you get such a warning, why would you turn off the anti-hacking mechanism? All this means we will never know if the machines were hacked and how many votes were lost if there was a challenge as there was no image of the vote recorded.” Greg Palast’s documentary and book The Best Democracy Money Can Buy  further details his warnings about voter suppression techniques we haven’t even mentioned in this article. “I stuck my neck out last year, saying they would steal this election, and I really hoped I would be left looking like an idiot.  “Turns out I was right though,” he adds. “The problem with the electoral college is a few thousand votes in tiny states can flip an election.” – An election President Elect Donald J Trump won despite still trailing nationwide in the popular vote. – A problem Donald Trump railed about too in the past, calling it “a disaster for democracy.” Civil rights organisation NAACP, which nine times managed to see off voter suppression of hundreds of thousands of votes in the federal courts over the past few months, is now mounting a legal battle to reinstate fully the Voter Registration Act. Palast and his team are certain that the chicanery they and others uncovered more than explains the difference between the outcome polls predicted and the result of the presidential and senate elections – especially when it comes to the exit polls taken as people had just voted. “Crosscheck does not account for all the shoplifting, but if you put it together with the other nine methods to steal votes that I identified, there’s little question that the exit polls were correct and Hillary Clinton won, or at least more voters voted for her in the swing states. Obviously she won the popular vote, but we have an electoral college system. If they counted all the votes in all the swing states the traditionally highly accurate exit polls would have been accurate,” adds Palast. Electoral Integrity blogger Theodore de Macedo Soares drew attention to the bizarre discrepancy between computer counted official vote counts and exit polls last week, writing: “According to the exit polls conducted by Edison Research, Clinton won four key battleground states (NC, PA, WI, and FL) in the 2016 Presidential Election that she went on to lose in the computerized vote counts.  With these states Clinton wins the Electoral College with a count of 302 versus 205 for Trump.  Clinton also won the national exit poll by 3.2% and holds a narrow lead in the national vote count still in progress. Exit polls were conducted in 28 states. In 23 states the discrepancies between the exit polls and the vote count favored Trump. In 13 of these states the discrepancies favoring Trump exceeded the margin of error of the state.” Palast believes such discrepancies, some far greater than any acceptable margin of error are indicative of systematic electoral rigging to steal Democrat votes: “The bane of pre-election polling is that pollsters must adjust for the likelihood of a person voting.  Exit polls solve the problem. The US State Department uses exit polling to determine whether you accept the outcome of a foreign election. The Brexit exit polls were extremely accurate. Yet in the Ukraine the US does not accept the result of the 2004 election because of the exit poll mismatch with the final official count. “And here for example in North Carolina we have the exit poll raw data at 2.1% favouring victory by Clinton, yet she loses by 3.8% in the final count. In Pennsylvania 4.4% victory suddenly became a 1.2 % loss; Wisconsin: 3.9% victory becomes a 1% loss; Florida: 1.1% victory becomes a 1% loss. “In the swing States we have this massive red shift because when people come out of the votes, exit pollsters can only ask, “How did you vote?” What they don’t ask, and can’t, is, “Was your vote counted?”” Kris Kobach did not give us a comment, but a statement from Kris Kobach’s office on the Crosscheck program said the Crosscheck program had been used for over a decade, and insisted “merely appearing as a potential match does not subject a voter to removal from a participating states’ voter registration roll/record.  Ineligible and/or unqualified persons who are registered voters are only removed from a states’ voter registration roll/record if the person is subject to removal pursuant to applicable state and federal elections provisions.”           The post Ethnic Votes Stolen in Crucial States Help Fix US Election For Trump Reveals Greg Palast appeared first on Greg Palast.15 Nov
The Election was Stolen – Here’s How… - Before a single vote was cast, the election was fixed by GOP and Trump operatives. Starting in 2013 – just as the Supreme Court gutted the Voting Rights Act – a coterie of Trump operatives, under the direction of Kris Kobach, Kansas Secretary of State, created a system to purge 1.1 million Americans of color from the voter rolls of GOP–controlled states. The system, called Crosscheck, is detailed in my Rolling Stone report, “The GOP’s Stealth War on Voters,” 8/24/2016. Crosscheck in action:   Trump victory margin in Michigan:                    13,107 Michigan Crosscheck purge list:                       449,922 Trump victory margin in Arizona:                       85,257 Arizona Crosscheck purge list:                           270,824 Trump victory margin in North Carolina:        177,008 North Carolina Crosscheck purge list:              589,393 On Tuesday, we saw Crosscheck elect a Republican Senate and as President, Donald Trump.  The electoral putsch was aided by nine other methods of attacking the right to vote of Black, Latino and Asian-American voters, methods detailed in my book and film, including “Caging,” “purging,” blocking legitimate registrations, and wrongly shunting millions to “provisional” ballots that will never be counted. Trump signaled the use of “Crosscheck” when he claimed the election is “rigged” because “people are voting many, many times.”  His operative Kobach, who also advised Trump on building a wall on the southern border, devised a list of 7.2 million “potential” double voters—1.1 million of which were removed from the voter rolls by Tuesday. The list is loaded overwhelmingly with voters of color and the poor. Here's a sample of the listThose accused of criminal double voting include, for example, Donald Alexander Webster Jr. of Ohio who is accused of voting a second time in Virginia as Donald EUGENE Webster SR. Note: Watch the four-minute video summary of Crosscheck. The investigation and explanation of these methods of fixing the vote can be found in my book and film, The Best Democracy Money Can Buy: a Tale of Billionaires & Ballot Bandits (2016). No, not everyone on the list loses their vote.  But this was not the only racially poisonous tactic that accounted for this purloined victory by Trump and GOP candidates. For example, in the swing state of North Carolina, it was reported that 6,700 Black folk lost their registrations because their registrations had been challenged by a group called Voter Integrity Project (VIP). VIP sent letters to households in Black communities “do not forward.”  If the voter had moved within the same building, or somehow did not get their mail (e.g. if their name was not on a mail box), they were challenged as “ghost” voters.  GOP voting officials happily complied with VIP with instant cancellation of registrations. The 6,700 identified in two counties were returned to the rolls through a lawsuit.  However, there was not one mention in the press that VIP was also behind Crosscheck in North Carolina; nor that its leader, Col. Jay Delancy, whom I’ve tracked for years has previously used this vote thievery, known as “caging,” for years.  Doubtless the caging game was wider and deeper than reported.  And by the way, caging, as my Rolling Stone co-author, attorney Robert F. Kennedy Jr., tells me, is “a felony, it’s illegal, and punishable by high fines and even jail time.” There is still much investigation to do.  For example, there are millions of “provisional” ballots, “spoiled” (invalidated) ballots and ballots rejected from the approximately 30 million mailed in.  Unlike reporting in Britain, US media does not report the ballots that are rejected and tossed out—because, after all, as Joe Biden says, “Our elections are the envy of the world.”  Only in Kazakhstan, Joe. While there is a great deal of work to do, much documentation still to analyze, we’ll have to pry it from partisan voting chiefs who stamp the scrub lists, Crosscheck lists and ballot records, “confidential.” But, the evidence already in our hands makes me sadly confident in saying, Jim Crow, not the voters, elected Mr. Trump. What about those exit polls? Exit polls are the standard by which the US State Department measures the honesty of foreign elections.  Exit polling is, historically, deadly accurate. The bane of pre-election polling is that pollsters must adjust for the likelihood of a person voting.  Exit polls solve the problem. But three times in US history, pollsters have had to publicly flagellate themselves for their “errors.”  In 2000, exit polls gave Al Gore the win in Florida; in 2004, exit polls gave Kerry the win in Ohio, and now, in swing states, exit polls gave the presidency to Hillary Clinton. So how could these multi-million-dollar Ph.d-directed statisticians with decades of experience get exit polls so wrong? Answer:  they didn’t.  The polls in Florida in 2000 were accurate.  That’s because exit pollsters can only ask, “How did you vote?”  What they don’t ask, and can’t, is, “Was your vote counted.” In 2000, in Florida, GOP Secretary of State Katherine Harris officially rejected 181,173 ballots, as “spoiled” because their chads were hung and other nonsense excuses.  Those ballots overwhelmingly were marked for Al Gore.  The exit polls included those 181,173 people who thought they had voted – but their vote didn’t count.  In other words, the exit polls accurately reflected whom the voters chose, not what Katherine Harris chose. In 2004, a similar number of votes were invalidated (including an enormous pile of “provisional” ballots) by Ohio’s GOP Secretary of State Kenneth Blackwell.  Again, the polls reflected that Kerry was the choice of 51% of the voters.  But the exit polls were “wrong” because they didn’t reflect the ballots invalidated by Blackwell. Notably, two weeks after the 2004 US election, the US State Department refused the recognize the Ukraine election results because the official polls contradicted the exit polls. And here we go again. 2016: Hillary wins among those queried as they exit the polling station—yet Trump is declared winner in GOP-controlled swings states. And, once again, the expert pollsters are forced to apologize—when they should be screaming, “Fraud!  Here’s the evidence the vote was fixed!” Now there’s a new trope to explain away the exit polls that gave Clinton the win.  Supposedly, Trump voters were ashamed to say they voted for Trump.  Really?  ON WHAT PLANET?  For Democracy Now! and Rolling Stone I was out in several swing states.  In Ohio, yes, a Black voter may have been reluctant to state support for Trump. But a white voter in the exurbs of Dayton, where the Trump signs grew on lawns like weeds, and the pews of the evangelical mega churches were slathered with Trump and GOP brochures, risked getting spat on if they even whispered, “Hillary.” This country is violently divided, but in the end, there simply aren’t enough white guys to elect Trump nor a Republican Senate.  The only way they could win was to eliminate the votes of non-white guys—and they did so by tossing Black provisional ballots into the dumpster, ID laws that turn away students—the list goes on.  It’s a web of complex obstacles to voting by citizens of color topped by that lying spider, Crosscheck. ***** Rent it or buy Greg Palast's movie from Amazon or Vimeo. Greg Palast (Rolling Stone, Guardian, BBC) is the author of The New York Times bestsellers, The Best Democracy Money Can Buy and Billionaires & Ballot Bandits, now out as major motion non-fiction movie. Donate to the Palast Investigative Fund and get the signed DVD. Download the FREE Movie Comic Book. Rent or buy the film from Amazon or Vimeo. Visit the Palast Investigative Fund store or simply make a tax-deductible contribution to keep our work alive!  Or support the The Palast Investigative Fund (a project of The Sustainable Markets Foundation) by shopping with Amazon Smile. AmazonSmile will donate 0.5% of your purchases to the Palast Fund and you get a tax-deduction! More info. GregPalast.com   The post The Election was Stolen – Here’s How… appeared first on Greg Palast.11 Nov
Democracy Now: How they’re stealing Ohio Vote machines audit function disabled—and worse - Greg Palast on the ground in the battleground state of Ohio: where he finds three ways the vote is, indeed, “rigged” – but FOR the GOP.     [Election Day, 2016 in Columbus, Ohio] For two decades, computer touch-screen voting machines have been derided as “push and pray” voting. You had to take it on faith that the machine records your vote as you intend. The machines lacked a “paper record” to audit and recount. So, voting rights attorney Robert Fitrakis was thrilled to learn that many of Ohio’s voting machines would, for this election, have a brand-new anti-hacking capability. The computers could now take a photo of every voter card loaded in, time stamp each marking, and keep the images in an order that allows an audit and recount. But there’s one thing wrong with the new tamper-proof voting machines. “They’ve decided to TURN OFF the security.” What? In 2004, Ohio’s “push-and-pray” machines produced suspect tallies that won President George W. Bush’s re-election victory over Sen. John Kerry — although Kerry had a comfortable lead in exit polls. And in this year’s contest, the FBI has raised fears of fiddling these machines by Russian hackers. Yet, the Republican Secretary of State of Ohio, Jon Husted, is allowing county officials to simply turn off these security functions — with no explanation as to why. The counties, Fitrakis discovered, “bought state-of-the-art equipment and turned off the security,” both the ballot imaging function and the audit application that can detect and record evidence of machine tampering. Fitrakis, Green Party candidate for Franklin County Prosecutor, sought a temporary restraining order to require voting officials to simply turn on the ballot integrity functions on the machines. As a reporter for Democracy Now, I was permitted to observe, though not film, the hearing in the judge’s chamber in the Franklin County Court of Common Pleas in Columbus, Ohio’s capital. Lawyers for the Republican Secretary of State as well as county officials from around the state gave no reason for turning off the ballot protection functions on the machines. Instead, they pleaded that turning them on “would cause havoc.” Fitrakis, armed with a copy of the machine’s instructions noted that the “havoc” was no more than clicking on a drop-down computer menu and choosing “record” images instead of “do not record.” The menu has a similar yes/no option for the audit application. Nevertheless, Judge David Cain, a Republican, ruled that Fitrakis’ demand was “borderline frivolous.” Counsel for the state’s GOP Attorney General argued, successfully, that Fitrakis would have to return after the election and prove the election was stolen. Of course, he’d have no audit trail nor ballot images with which to make the case. Fitrakis told me, “It’s Catch-22. It’s Ohio.” And the stakes are high. This is the ultimate swing state that could decide not only the Presidency but the balance in the US Senate. Long Lines for Black Votes; Zero Lines for whites On Sunday, I joined the members of the Freedom Faith Missionary Baptist Church of Dayton for early voting. All over Ohio, churches bus the faithful to the polls for early voting. Nearly 70% of Ohio’s African-Americans vote on “Souls-to-the-Polls” Sunday as many do not have the transport nor the day off to vote on Tuesday. They arrived at the one and only early polling station and waited. And waited. And waited. And waited. The lines for several thousand voters at the one poll snaked up and down three floors of the county building and spiraled through the multi-story garage. At the end of the line they were given numbers to wait in an auditorium to be called to vote. Yet, today, on Election Day Tuesday, when the majority of white Ohioans vote, there will be 176 polling stations in Montgomery County (Dayton) alone. For many whites the lines are not short — they are non-existent, with more poll workers than voters. The system was created by that same GOP official, Jon Husted, who had permitted counties to turn off ballot protection applications on the voting machines. Husted had wanted to eliminate Sunday voting completely. But Husted ran into resistance. I located Dennis Lieberman, until recently, a Dayton County elections board member. Lieberman told me, “We had voted, both Republicans and Democrats, for long [voting] hours on weekends so that people, like this” — he gestured to the church groups — could come and vote.” But Secretary Husted was none too pleased. “After we did that [voted for Saturday and Sunday voting], we were told by the Secretary of State that if we didn’t change our vote, that he would fire us.” Lieberman and the others refused to give in.  And, as a result, said the voting official, “I got fired.” Secretary Husted has refused several requests for an interview. The Purge begins of half a million suspected “duplicate” voters Donald Trump claims that, the election is “rigged”— specifically because, “You have people… voting many, many times.” Trump’s accusations simply repeat the claim of more than two dozen Republican state voting chiefs, who have created a secret list of those suspected of voting twice or registering twice with the intent of voting a second time. Altogether, there are an astonishing 7.2 million names on the GOP blacklist, labeled “Crosscheck” by Republican operatives. Ohio’s Secretary of State has a whopping 497,000 suspects on his list in that one state — and he is systematically removing them. Of these, approximately 60,000 Ohioans will find their names simply removed from the swing state’s voter rolls — and they will have no idea of the accusation against them. Crucially, the list is racially loaded — tagging an astounding one in six voters of color in the GOP states using Crosscheck. Voting twice is a felony crime — and, despite the humongous list, only one Ohioan has been convicted. Yet thousands are losing their vote. Although it is “confidential,” our team obtained over 100,000 of Ohio’s blacklisted voters facing disenfranchisement. We spoke to several — and one, Donald Webster, agreed to speak to us on camera. Donald Alexander Webster Jr. of Dayton, Ohio, is accused of having registered a second time in Virginia as Donald Eugene Webster Sr. He claims that he never used the name “Eugene” — and he can’t imagine why someone would vote a second time when, to fix an election, he would have had to conspire with thousands of others. So I asked, “Well, do you?  Are you part of a large conspiracy?” “No, no.  No I am not, sir.” Yet he and the other Donald Webster are at risk of losing their vote — and will not know why. Rights attorney Fitrakis said of Husted’s “Crosscheck” game, “He knows what he’s doing is illegal. What he’s doing is counting on bigotry to get away with it. He’s picking first and last names only because he doesn’t want to actually [catch double voters]. He wants to purge Blacks and Hispanics. And he’s trying to make Ohio winnable in the only way he knows how: by stealing American citizens’ votes.” ***** Watch the tale of the hunt for the Crosscheck lists – and the billionaires behind Donald Trump and the GOP vote suppression game – and to meet Donald Alexander Webster, download a copy of Greg Palast’s new film, “The Best Democracy Money Can Buy, A Tale of Billionaires and Ballot Bandits.” Watch free of charge for the next 24 hours – after that, rent it or buy it from Amazon or Vimeo. ***** Greg Palast (Rolling Stone, Guardian, BBC) is the author of The New York Times bestsellers, The Best Democracy Money Can Buy and Billionaires & Ballot Bandits, now out as major motion non-fiction movie. Donate to the Palast Investigative Fund and get the signed DVD. Download the FREE Movie Comic Book. Rent or buy the film from Amazon or Vimeo. Check for Movie Screenings in your area. Visit the Palast Investigative Fund store or simply make a tax-deductible contribution to keep our work alive! Or support the The Palast Investigative Fund (a project of The Sustainable Markets Foundation) by shopping with Amazon Smile. AmazonSmile will donate 0.5% of your purchases to the Palast Fund and you get a tax-deduction! More info. The post Democracy Now: How they’re stealing OhioVote machines audit function disabled—and worse appeared first on Greg Palast. 8 Nov
U.S. House Encryption Working Group Year-End Report 2016 - On February 16, 2016, a federal magistrate judge in the U.S. District Court for the Central District of California issued an order requiring Apple, Inc. to assist the Federal Bureau of Investigation (FBI) in obtaining encrypted data off of an iPhone related to a 2015 shooting in San Bernardino, California. Apple resisted the order. This particular case was resolved when the FBI pursued a different method to access the data stored on the device. But the case, and the heated rhetoric exchanged by parties on all sides, reignited a decades-old debate about government access to encrypted data. The law enforcement community often refers to their challenge in this context as “going dark.” In essence, “going dark” refers to advancements in technology that leave law enforcement and the national security community unable to obtain certain forms of evidence. In recent years, it has become synonymous with the growing use of strong default encryption available to consumers that makes it increasingly difficult for law enforcement agencies to access both real-time communications and stored information. The FBI has been a leading critic of this trend, arguing that law enforcement may no longer be able “to access the evidence we need to prosecute crime and prevent terrorism, even with lawful authority.” As a result, the law enforcement community has historically advocated for legislation to “ensure that we can continue to obtain electronic information and evidence pursuant to the legal authority that Congress has provided to keep America safe.” Technology companies, civil society advocates, a number of federal agencies, and some members of the academic community argue that encryption protects hundreds of millions of people against theft, fraud, and other criminal acts. Cryptography experts and information security professionals believe that it is exceedingly difficult and impractical, if not impossible, to devise and implement a system that gives law enforcement exceptional access to encrypted data without also compromising security against hackers, industrial spies, and other malicious actors. Further, requiring exceptional access to encrypted data would, by definition, prohibit some encryption design best practices, such as “forward secrecy,” from being implemented. These two outlooks are not mutually exclusive. The widespread adoption of encryption poses a real challenge to the law enforcement community and strong encryption is essential to both individual privacy and national security. A narrative that sets government agencies against private industry, or security interests against individual privacy, does not accurately reflect the complexity of the issue. … Compelled Disclosure by Individuals Although much of the debate has focused on requiring third party companies to decrypt information for the government, an alternative approach might involve compelling decryption by the individual consumers of these products. On a case-by-case basis, with proper court process, requiring an individual to provide a passcode or thumbprint to unlock a device could assist law enforcement in obtaining critical evidence without undermining the security or privacy of the broader population. Given evolving technologies and the trend towards using biometrics—like a fingerprint or facial recognition software—to decrypt data, Congress might consider the following questions: § Can the government compel an individual to unlock his phone without violating the protection against self-incrimination guaranteed by the Fifth Amendment to the U.S. Constitution? § With respect to the Fifth Amendment, is there a substantive or legal difference between unlocking a device with a passcode and unlocking the device with a biometric identifier? Is entering a passcode a “testimonial act,” as some courts have held? Is a fingerprint different in any way? § What is the proper legal standard for compelling an individual to unlock a device? § Are there other circumstances that would enable the government to compel production of a passcode without undermining the Fifth Amendment?24 Dec
U.S. House Permanent Select Committee on Intelligence Declassified Report on Snowden Disclosures - In June 2013, former National Security Agency (NSA) contractor Edward Snowden perpetrated the largest and most damaging public release of classified information in U.S. intelligence history. In August 2014, the Chairman and Ranking Member of the House Permanent Select Committee on Intelligence (HPSCI) directed Committee staff to carry out a comprehensive review of the unauthorized disclosures. The aim of the review was to allow the Committee to explain to other Members of Congress–and, where possible, the American people–how this breach occurred, what the U.S. Government knows about the man who committed it, and whether the security shortfalls it highlighted had been remedied. Over the next two years, Committee staff requested hundreds of documents from the Intelligence Community (IC), participated in dozens of briefings and meetings with IC personnel, conducted several interviews with key individuals with knowledge of Snowden’s background and actions, and traveled to NSA Hawaii to visit Snowden’s last two work locations. The review focused on Snowden’s background, how he was able to remove more than 1.5 million classified documents from secure NSA networks, what the 1.5 million documents contained, and the damage their removal caused to national security. The Committee’s review was careful not to disturb any criminal investigation or future prosecution of Snowden, who has remained in Russia since he fled there on June 23, 2013. Accordingly) the Committee did not interview individuals whom the Department of Justice identified as possible witnesses at Snowden’s trial, including Snowden himself, nor did the Committee request any matters that may have occurred before a grand jury. Instead, the IC provided the Committee with access to other individuals who possessed substantively similar knowledge as the possible witnesses. Similarly, rather than interview Snowden’s NSA coworkers and supervisors directly, Committee staff interviewed IC personnel who had reviewed reports of interviews with Snowden’s co-workers and supervisors. The Committee remains hopeful that Snowden will return to the United States to face justice. The bulk of the Committee’s 36-page review, which includes 230 footnotes, must remain classified to avoid causing further harm to national security; however, the Committee has made a number of unclassified findings. These findings demonstrate that the public narrative popularized by Snowden and his allies is rife with falsehoods, exaggerations, and crucial omissions, a pattern that began before he stole 1.5 million sensitive documents. First, Snowden caused tremendous damage to national security, and the vast majority of the documents he stole have nothing to do with programs impacting individual privacy interests-they instead pertain to military, defense? and intelligence programs of great interest to America,s adversaries. A review of the materials Snowden compromised makes clear that he handed over secrets that protect American troops overseas and secrets that provide vital defenses against terrorists and nation-states. Some of Snowden’s disclosures exacerbated and accelerated existing trends that diminished the IC’s capabilities to collect against legitimate foreign intelligence targets, while others resulted in the loss of intelligence streams that had saved American lives. Snowden insists he has not shared the full cache of 1.5 million classified documents with anyone; however, in June 2016, the deputy chairman of the Russian parliaments defense and security committee publicly conceded that “Snowden did share intelligence” with his government. Additionally, although Snowden’s professed objective may have been to inform the general public, the information he released is also available to Russian, Chinese, Iranian, and North Korean govemment intelligence services; any terrorist with Internet access; and many others who wish to do harm to the United States.23 Dec
House Oversight Committee Report on Law Enforcement Use of Cell-Site Simulation Technologies - Advances in emerging surveillance technologies like cell-site simulators – devices which transform a cell phone into a real-time tracking device – require careful evaluation to ensure their use is consistent with the protections afforded under the First and Fourth Amendments to the U.S. Constitution. The United States’ military and intelligence agencies have developed robust and sophisticated surveillance technologies for deployment in defense against threats from foreign actors. These technologies are essential to keeping America safe. Increasingly though, domestic law enforcement at the federal, state, and local levels are using surveillance technologies in their every-day crime-fighting activities. In the case of cell-site simulators, this technology is being used to investigate a wide range of criminal activity, from human trafficking to narcotics trafficking, as well as kidnapping, and to assist in the apprehension of dangerous and violent fugitives. Law enforcement officers at all levels perform an incredibly difficult and important job and deserve our thanks and appreciation. While law enforcement agencies should be able to utilize technology as a tool to help officers be safe and accomplish their missions, absent proper oversight and safeguards, the domestic use of cell-site simulators may well infringe upon the constitutional rights of citizens to be free from unreasonable searches and seizures, as well as the right to free association. Transparency and accountability are therefore critical to ensuring that when domestic law enforcement decide to use these devices on American citizens, the devices are used in a manner that meets the requirements and protections of the Constitution. After press reports alleged wide-spread use of cell-site simulation devices by federal, state, and local law enforcement, the Committee initiated a bipartisan investigation in April 2015. At the outset of the investigation, the use of these devices by federal, state, and local law enforcement agencies was not well known, and in many instances, appeared to be shrouded in secrecy. This is partly due to the use of the technology by military and intelligence agencies and the need for sensitivity in national security matters. The Federal Bureau of Investigation (FBI), for example, avoided disclosing not only its own use of the devices, but also its role in assisting state and local law enforcement agencies in obtaining and deploying these devices. Indeed, the Committee’s investigation revealed that as part of the conditions for being able to sell cell-site simulators to state and local law enforcement, the manufacturers of these devices must first notify the FBI, and those agencies in turn must sign a non-disclosure agreement with the FBI that expressly prohibits them from publicly disclosing their use of this technology, even in prosecutions where the use of the technology was at issue. … FINDINGS The Department of Justice has 310 cell-site simulation devices and spent more than $71 million in fiscal years 2010-14 on cell-site simulation technology. The Department of Homeland Security has 124 cell-site simulation devices and spent more than $24 million in fiscal years 2010-14 on cell-site simulation technology. DHS allows state and local law enforcement to purchase cell-site simulation technology using grants from the Preparedness Grant Program administered by the Federal Emergency Management Agency (FEMA), including the State Homeland Security Program, Law Enforcement Terrorism Prevention Program, Citizen Corps Program, Urban Areas Security Initiative, Emergency Management Performance Grants, Buffer Zone Protection Program, Transit Security Program, and the Intercity Passenger Rail Program. DHS was able to identify more than $1.8 million in grant money to state and local law enforcement to purchase cell-site simulation technology, however DHS does not maintain a separate accounting of grant funds used to purchase cell site-simulators and the total amount may be higher. Before DOJ and DHS issued their new and enhanced policies for the use of cell-site simulators—which now require a warrant supported by probable cause—federal law enforcement agencies had varying policies and most relied on a lower-than-probable cause standard for use of these devices in most, but not all, situations. State laws continue to vary as to what court authorization is required before law enforcement can deploy cell-site simulators. Several states, including California, Washington, Virginia, Utah, and Illinois have passed laws requiring law enforcement agencies to obtain a warrant or order based on probable cause before deploying cell-site simulators, with varying exceptions. In many cases, state and local law enforcement continue to rely on the state equivalent of a pen register/trap and trace order, which only requires law enforcement to meet a “relevance based standard” to use cell-site simulation devices, a standard lower than probable cause. Costs of individual cell-site simulator devices ranged from $41,500 to as high as $500,000. 19 Dec
U.S. Army Special Operations Command Study: Legal Implications of the Status of Persons in Resistance - The purpose of this study is to provide a synthesis of the prevailing issues and analysis concerning the legal status of persons in resistance. This document refers broadly to resistance and those involved in it, meaning those individuals comprising the resistance element, US personnel supporting or countering the resistance, and the standing government. In alignment with this focus, the document explores the status of personnel particularly in foreign internal defense (FID), counterinsurgency (COIN), and unconventional warfare (UW) operations. When originally conceived, this manuscript was to be an updated volume of the 1961 American University Special Operations Research Office (SORO) study, The Legal Status of Participants in Unconventional Warfare. The National Security Analysis Department (NSAD) of the Johns Hopkins University Applied Physics Laboratory (JHU/APL) was asked by the US Army Special Operations Command (USASOC), G-3X Special Programs Division, to review and analyze the historical use of international law, the law of land warfare, and applicable international conventions and update the SORO study accordingly and also include unique legal considerations regarding the status of irregular forces. Because many aspects of both law and policy have changed since the 1961 publication, particularly within the context of US involvement in Afghanistan and Iraq, USASOC requested that this manuscript be a new document to account for these changes, highlight key legal questions, and position these questions within the context of hypothetical scenarios and historical examples. The study is intended to provide for nonlawyers an assessment of current law and policy regarding the status of persons in resistance and to identify issues where the interpretation or application of the law is unclear or unsettled. A key objective of this work is to present the reader with an understanding of the existing thresholds where status can change on the basis of the nature of the activity and the category of the conflict. It seeks to impart an understanding of the limitations of these thresholds as applied to operationally relevant examples within FID, COIN, and UW. Complex internal hostilities often involving armed and organized nonstate actors are replacing traditional interstate armed conflict. The constituent activities of irregular warfare (IW) may be used to counter or influence these hostilities, which may not have an obvious start or finish and often lack clarity regarding the status of those involved. The actions are unlikely to fall neatly within prevailing definitions of armed conflict—in other words, international or noninternational (internal)a conflicts recognized within international law—yet they exhibit many similarities. There are only a few meaningful distinctions in the law regarding the status of actors in activities outside of declared war. Conflict paradigms are changing, and existing legal instruments, such as the Hague Conventions of 1907 and the Geneva Conventions of 1949, do not adequately account for these changes—for example, nonstate groups engaging in prolonged campaigns of terrorism or states seeking to address these threats outside of traditional warfare. As such, an adaptive framework for applying existing law to these scenarios and understanding the limitations of that adaptation is necessary. For the purposes of this document, the framework for exploring these issues is resistance and the categories of hostilities that fall within it. … … RESISTANCE THROUGH ILLEGAL POLITICAL ACTS A resistance may find working within the law difficult or ineffective. It may decide to deliberately violate the law in a nonviolent way to instigate social change. Commonly referred to as civil disobedience, this method may be direct or indirect. A direct approach focuses on the violation of what is considered an unjust law—for example, Rosa Parks’s refusal to comply with the Montgomery segregation ordinance was a protest of the law itself. Indirect civil disobedience refers to acts where the law that is broken is not the object of the protest, but disobedience of the law is a method to bring attention to the demands of the resistance. In either case, the objective of civil disobedience is to break the law in order to further the agenda of the resistance, accepting the fact that breaking the law requires submission to the penalty. The civil rights movement in the United States made use of both lawful and unlawful nonviolent practices. Through lobbying and lawsuits, organizations such as the National Association for the Advancement of Colored People (NAACP) expanded the rights of blacks and successfully won courtroom battles against the “separate but equal” doctrine. At the same time, “Freedom Riders” were arrested for violating statutes banning them from sitting in the white section of buses, and sit-ins took place at “whites-only” lunch counters across the South, resulting in violent reactions from segregationists. The nullification of the “separate but equal” doctrine, the eventual desegregation of schools, and the passage of the Civil Rights Act of 1964 are testaments to the effectiveness of nonviolent resistance. The civil rights movement influenced other concurrent and emerging nonviolent resistance movements, particularly in Africa. Owing to the need to examine the involvement of the US military, an instance of foreign nonviolent resistance that uses illegal acts will serve as a more useful scenario for analysis.11 Dec
Joint Operating Environment 2035: The Joint Force in a Contested and Disordered World - Although conflict, violence, and war endure, the methods through which political goals are pursued are always evolving. How this change in the character of conflict will play out and what the Joint Force must do to prepare to meet the demands of tomorrow requires our collective attention. Looking ahead, competitive behavior between the U.S. and potential – and actual – adversaries will be overt and violent. But just as often, our interaction with competitors will include attempts to deter and deny us our strategic objectives or be marked by ambiguous, but still coercive pursuit of political goals backed by the threat or potential of applied military power. Over the next two decades, both overt and ambiguous competitive interactions between dissimilar military forces will be a normal and recurrent condition for the Joint Force. Looking into this future is challenging. However, the difficulty in looking ahead does not excuse the military professional from considering the demands of future war. As the ultimate guarantor of the safety and security of the United States, the Joint Force must simultaneously adapt and evolve while neither discounting nor wishing away the future reality of strife, conflict, and war. To think about the future usefully, we must describe change in a rigorous and credible way. Concurrently, we must creatively account for the unexpected by stepping outside the assumptions and certainties that anchor us to today. The Joint Force will best contribute to a peaceful and stable world by developing capabilities and operational approaches attuned to the evolving character of conflict. Together, we will use this document – Joint Operating Environment 2035 – to support and accelerate our future strategy and force planning activities across the Joint Force. It is a primary source of the problem sets addressed through the forthcoming Capstone Concept for Joint Operations and related force development activities. The ideas here should encourage a dialogue about what the Joint Force should do and be to protect the United States, its allies, its partners, and its interests around the world in 2035. … The Joint Operating Environment 2035 (JOE 2035) is designed to encourage the purposeful preparation of the Joint Force to effectively protect the United States, its interests, and its allies in 2035. For the Joint Force, thinking through the most important conditions in a changing world can mean the difference between victory and defeat, success and failure, and the needless expenditure of human lives and national treasure versus the judicious and prudent application of both to defend our vital interests. This document describes the future security environment and projects the implications of change for the Joint Force so it can anticipate and prepare for potential conflicts. To do this, Section 1 describes the circumstances that are likely to alter the security environment. Next, Section 2 explores how the intersection and interaction of these changes might impact the character of war in the future. Finally, Section 3 provides a framework to think about the full range of Joint Force missions and how they may evolve over time. JOE 2035 illustrates several ideas about how changes to conflict and war might impact the capabilities and operational approaches required by the future Joint Force. These observations include: The future security environment will be defined by twin overarching challenges. A range of competitors will confront the United States and its global partners and interests. Contested norms will feature adversaries that credibly challenge the rules and agreements that define the international order. Persistent disorder will involve certain adversaries exploiting the inability of societies to provide functioning, stable, and legitimate governance. Confrontations involving contested norms and persistent disorder are likely to be violent, but also include a degree of competition with a military dimension short of traditional armed conflict. These connected challenges are shaped by a wide range of trends and conditions. The future World Order will see a number of states with the political will, economic capacity, and military capabilities to compel change at the expense of others. In Human Geography, a range of social, economic, environmental, and political pressures will push states past the breaking point, spilling over borders, and creating wide-ranging international problems. The future of Science, Technology, and Engineering will see others reaching for technological parity as well as designing innovative mixes of high and low technology that may allow adversaries to more effectively challenge U.S. interests. The intersection of trends and conditions reveals the changing character of war. The future of conflict cannot be understood in terms of individual trends. Issues and problems intersect, reinforce, and compound across many diverse areas. Sometimes relationships are clear, but more often they interact in unanticipated and surprising ways. Thinking through combinations of trends and conditions over many disciplines allows us to better anticipate changes in the character of conflict and illuminate why the Joint Force may be called upon to address threats to U.S. national interests. Warfare in 2035 will be defined by six contexts of future conflict. In 2035, the Joint Force will confront Violent Ideological Competition focused on the subversion or overthrow of established governments. Threatened U.S. Territory and Sovereignty will become increasingly prevalent as enemies attempt to coerce the United States and its citizens. Antagonistic Geopolitical Balancing by capable adversaries will challenge the United States over the long term and place difficult demands on the Joint Force over wide areas of the globe. Intimidation, destabilization, and the use of force by state and non-state actors alike will result in Disrupted Global Commons and A Contest for Cyberspace. Internal political fractures, environmental stressors, or deliberate external interference will lead to Shattered and Reordered Regions. Each Context of Future Conflict poses a troubling problem space for the Joint Force. The contexts, when matched with a range of strategic goals, drive an evolving set of missions. The Joint Force must prepare for a wide range of missions designed to address these contexts. This set of Evolving Joint Force Missions must at once protect our national interests, deter conflict, punish aggression, or defeat adversaries who act across regions, domains, and functions. These evolving missions will be shaped by a continuum of strategic goals that range from reactively managing security challenges to proactively solving security threats and imposing U.S. preferred solutions. This span of missions will require a diverse set of capabilities and operational approaches – some of which are not available to the Joint Force today. The evolving mission set demands new operational approaches and capabilities. Placing too much emphasis on contested norms – particularly those high-tech and expensive capabilities to contain or disrupt an expansionist state power – may discount potentially disruptive low-end threats, which have demonstrated a troubling tendency to fester and emerge as surprise or strategic shock for the United States. Conversely, tilting the balance of force development activities towards capabilities designed to counter persistent disorder may risk a world in which other great powers or alliances of great powers decisively shift the international order in highly unfavorable ways. Ultimately, the future Joint Force will best contribute to a peaceful and stable world through well-crafted operational approaches attuned to the evolving character of conflict. JOE 2035 sets the foundation for the future Joint Force. The ideas found within JOE 2035 set the stage for a more detailed conversation about how the Joint Force can achieve success in the future security environment. JOE 2035 was written to accelerate new ways – or concepts – for the Joint Force to address the likely needs of future strategy and thus, identify a foundation upon which enduring U.S. military advantages can be built. Going forward, JOE 2035 will orient a wide range of future force development activities and provide an analytic basis for ongoing Joint Concept development efforts, particularly a revision of the Capstone Concept for Joint Operations (CCJO). … 27 Nov
Joint Staff Strategic Multi-Layer Assessment on Bio-Psycho-Social Applications to Cognitive Engagement - The recently released White Paper entitled “Assessing and Anticipating Threats to US Security Interests: A Bio-Psycho-Social Science Approach for Understanding the Emergence of and Mitigating Violence and Terrorism” that Giordano discusses in the succeeding section provided a scientific perspective on current operations. The current White Paper provides operational perspectives on that and other relevant sciences. Previous versions outlined WHAT scientific approaches might be relevant; this iteration focuses on HOW to operationalize it. The underlying concept of this paper is how bio-psycho-social approaches to cognitive engagement, described in greater depth by DeGennaro, may be put to use to collect, analyze, and/or apply information to meet a tactical, operational, or strategic end. This White Paper will focus on the proverbial “rubber meets the road” approaches of behavioral operations in the human domain where the former is “the study of attributes of human behavior and cognition that impact the design, management, and improvement of operating systems, and the study of the interaction between such attributes and operating systems and processes” and the latter is “the presence, activities (including transactions both physical and virtual), culture, social structure/organization, networks and relationships, motivation, intent, vulnerabilities, and capabilities of humans (single or groups) across all domains of the operational environment (Space, Air, Maritime, Ground, and Cyber).” Information Operations (IO) doctrine defines the cognitive domain as the component of the information environment (IE) that encompasses the gray matter of those who transmit, receive, and act upon information. Cognitive operations such as information processing, perception, judgment, and decision-making are the most vital aspect of the IE. Cognition is influenced by individual and cultural beliefs, norms, vulnerabilities, motivations, emotions, experiences, morals, education, mental health, identities, and ideologies and thus requires research and analysis methods from the bio-psycho-social sciences to understand and manipulate. When, how, and most importantly why to apply that understanding to US advantage at the tactical, operational, and strategic level is the focus of this effort. The volume is focused primary on Military Information Support Operations (MISO), formerly Psychological Operations (PSYOP) as it is the activity that can most benefit from (and reciprocally impact) cognitive engagement. However, IO core capabilities such as Military Deception (MILDEC) and Computer Network Operations (CNO) information related capabilities such as counterintelligence (CI) could also benefit from bio-psycho-social applications to cognitive engagement. To paraphrase Sir Basil Henry Liddell Hart, targeting the mind of the enemy commander is more important than the bodies of his troops (Hart, 1967), that recommendation can be extended to all those, belligerents and combatants alike, who comprise the human domain. The contemporary operating environment is growing increasingly contentious, however, the vast majority of those contentions do not necessarily require the use of lethal force. Instead, nuanced understanding of the nature of conflict and the peoples engaged are required to remain competitive. Cognitive engagement entails understanding the individual nodes with the human domain as such and developing appropriate methods for interacting with them. This White Paper is meant not only to continue the dialogue between the academic and operational communities but also to explore more deeply how to apply knowledge gained through bio-psycho-social research to cognitive engagement. … The idea of cognitive engagement comes from the discussion of the Gray Zone or times when nations compete with each other in everything except direct state on state war. During this time, nations can use diplomatic, information, military and economic (DIME) ways to purse statecraft. This spreads through the gambit of combined arms maneuver, clandestine intelligence operations, robust diplomatic tactics, political and operational warfare to building partnership capacity. The challenge with ambiguous engagement is in order to have a high success rate at countering or anticipating action it is essential to enforce cohesive inter-agency cooperation, align missions across U.S. international and foreign policy tools, and understand how and when to use resources, in the military, conducting operations other than traditional war to support American interests. The military is currently the most dominant tool in U.S. policy. However, if the military is not trained and prepared to conduct campaigns other than war, its power wanes. This paper will look at how the military can operate in this ambiguous engagement environment primarily to support U.S. interests focusing more in DIME with a more prominent “I” (information) or the information environment (IE).27 Nov
FBI Cyber Bulletin: APT Targeting U.S. Private Sector, Government Networks Using Presidential Election Lures - Likely Advanced Persistent Threat (APT) cyber actors have targeted US private sector and government networks since August 2016 with spear phishing campaigns, using newly identified exploits contained within lures related to foreign affairs and the recent US presidential election. The FBI analyzed malicious Microsoft Office documents, a zip archive, a first-stage downloader, a second-stage in-memory-only PNG wrapped malware, and a BAT-initiated PowerShell script associated with the campaigns. This FLASH provides rules and signatures to assist in network defense efforts. Technical Details FBI analysis indicates exploitation begins with a victim receiving a spear phishing email containing either a malicious Microsoft Office document that will drop and execute the first-stage downloader or a link to a zip archive containing both the first and second stages. Once dropped to disk, the first-stage implant is responsible for downloading and loading the second-stage in-memory-only PNG wrapped malware, at which point the second-stage malware will conduct malicious activities. The env.bat-initiated PowerShell script appears to be another Remote Access Tool (RAT) associated with the campaign. It creates a Net.WebClient object and uses the DownloadData() and UploadData() functions for network communication. The WebClient object is setup with GetDefaultProxy() and DefaultCredentials, so it is authenticating-proxy-aware. In an attempt to blend in with “natural” network communications, the PowerShell script first attempts to connect to http://gmail.com or http://google.com (chosen randomly) and only proceeds if the connection succeeded. It also attempts a request to the callback base URL + /favicon.ico every 12 hours. There are also several sleep statements throughout, which will cause some variance in the periodicity of the network activity. When a connection to the RAT controller is successful, the returned HTML is searched for IMG tags and parsed if the ALT value is “Send message to contact” and the SRC value contains a comma followed by a base64 string. The base64 string is then extracted, parsed using a custom unpacking method, decrypted, unpacked some more, and eventually passed to an Invoke-Expression call. This toolset, and these adversaries, are known for using in-memory-only modules, so any network defense measures should include imaging of the device’s memory before any shutdown or reboot of the suspected compromised system. … The Powershell script attempts to read the Registry key “HKEY_CURRENT_USER\Software\Apple Inc\Updater” and key value name “EditFlags.” This appears to be a fairly unique value, but we encourage testing in your environment before deploying detection capabilities broadly. The following User-Agent string was found hardcoded within the PowerShell implant. All communications thus far have been seen over HTTPS, so it may only be signaturable if you use SSL-inspection or a host-based solution for inspecting network communications. Mozilla/5.0 (compatible; MSIE 10.0; Windows NT 6.1; Trident/6.0)26 Nov
(U//FOUO) DHS, Fusion Centers Reference Aid: Malicious Terrorism Hoaxes Likely to Endure, Strain State and Local First Responder Resources - (U//FOUO) This Reference Aid is intended to provide information on malicious terrorism hoaxes that will continue to challenge first responder resources throughout the Homeland and territories. This Reference Aid is provided by I&A, DIAC, NCRIC, NVRIC, and NJ-ROIC to support their respective activities, to provide situational awareness, and to assist federal, state, local, tribal, and territorial government counterterrorism and law enforcement officials and first responders with recognizing the indicators and implications of malicious terrorism hoaxes. The use of hoax calls may also be used as a technique to lure authorities to a particular location for the purpose of conducting a potential attack, but is not discussed in this article, as luring is viewed as its own distinct tactic. (U) Overview (U//FOUO) Based on our analysis of open sources and DHS-supported fusion center reporting, we assess malicious terrorism hoaxes such as bogus e-mails and phoned-in threats, including swatting and automated robocalls, will continue to challenge first responder resources throughout the country and territories, as they create disturbances and send false alarms. According to numerous police departments, these hoaxes—claiming active shooter, fire, and bomb threats—divert valuable resources or close down locations; most are motivated by a desire to cause disruption or annoyance rather than physical harm, and do not represent an actual terrorist threat. We judge hoax threats will continue to strain state and local government first responder resources over the next few years based on the number of threats made in the United States over the past two years. (U//FOUO) Swatting uses the 911 system to report false incidents at a location (e.g., fires, shootings) and results in the dispatching of emergency services. Swatting poses a potential significant threat to public safety by diverting first responder resources needed to handle real emergencies occurring during the incident response time. Although most swatting incidents are criminal in nature, we assess the diversion of resources by a foreign terrorist organization (FTO) during a real attack would amplify the effectiveness of their attack against a different location. These calls could also result in accidental deaths by inadvertently placing unsuspecting victims targeted by the call in a confrontational situation with law enforcement tactical response. » (U) In July 2016, a New York man was sentenced to two years in prison for swatting public officials. In March 2013, he used the same tactic and disrupted the University of Arizona, claiming there was an active shooter with explosives on campus, according to reliable media reports and a Department of Justice press release. » (U) In November 2014, law enforcement responded to a hoax 911 call in Elizabeth, New Jersey. The caller pledged allegiance to the self-proclaimed Islamic State of Iraq and the Levant (ISIL), alleging he had bombs, an AK-47, and had taken hostages at a local hotel, according to a media report. There is no indication this incident was actually associated with ISIL. » (U//FOUO) In April 2014, a single swatting incident response on Long Island cost nearly $100,000 to deploy 60 officers from numerous departments, crisis negotiators, and a SWAT team, according to local officials cited in press and DHS-supported fusion center reporting. (U//FOUO) Robocalls use a computer-generated phone call made directly to a target or a group of targets rather than via the 911 system, often using a voice anonymizer to deliver a recorded bomb threat via telephone. Robocalls and e-mailed bomb threats are usually nonviolent hoaxes intended to force an evacuation of the threatened location, typically a school or a courthouse. » (U) In May 2016, anonymous phone threats disrupted the school day in 21 states, with some states reporting multiple schools had evacuated or initiated lockdowns in response to threats warning of an explosive device on school grounds. Schools across the United Kingdom received similar threats, disrupting final exams, according to media reports. » (U//FOUO) From January through February 2016, a similar wave of robocalls impacted numerous states and territories across the United Sates, according to information from several DHS-supported fusion centers as well as open source reporting. These threats involved prerecorded or robotic-style bomb threats targeting schools, courthouses, police stations, fire stations, and small businesses, many resulting in evacuations, closures, and responses from explosive ordinance disposal units. » (U) In December 2015, a malicious terrorism hoax e-mailed to the Los Angeles Unified School District claimed every school in the system would be targeted by 32 terrorist operatives armed with various weapons, including nerve gas, according to press reporting. Similar threats were sent to other school districts in California, Florida, New Jersey, New York City, Texas, and Washington, DC.21 Nov
(U//LES) U.S. Bomb Data Center Report: Attacks on Houses of Worship 2011-2015 - (U//LES) This report serves to present information and analysis associated with fire, arson, and bombing incidents at houses of worship (HOWs) occurring within the United States for the past 5 years, between January 2011 through December 2015, and reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In total, there were 733 fire and explosion related incidents, per ATF reporting, for all 50 States. The information contained herein does not represent all fire, arson and bombing incidents for the United States. This report only represents those incidents that have been reported to and investigated by ATF. Key Findings (U//LES) A total of 733 house-of-worship incidents were reported and investigated by ATF. (U//LES) There is no evidence of a nationwide racial conspiracy associated with houses of worship. (U//LES) There were 172 incidents reported for calendar year (CY) 2015, a significant increase compared to the prior 4 years; from CYs 2011 through 2014, the number of incidents ranged between 127 and 147. (U//LES) Incendiary fires have slightly increased since calendar year 2011. (U//LES) The number of incidents reported within a month averaged between 12 and 14, with January and July being the highest for the year. (U//LES) Of the reported cases, 496 were closed (147 for accidentals fires, 166 for incendiary fires, and 172 for undetermined fires). In addition, 99 cases identified a person of interest or an arrest. Background (U) On July 3, 1996, the Church Arson Prevention Act was enacted into Federal law, and the National Church Arson Task Force (NCATF) was formed at the direction of President Bill Clinton to address concerns over the possibility of a nationwide racially-based motive associated with fire and explosives incidents at houses of worship. ATF was designated to investigate the origin and cause of all fire and explosives incidents at houses of worship. ATF continues to respond to house of worship (HOW) fire and explosives incidents and serve as a repository for data pertaining to all of these incidents. (U//LES) For the past 5 years, ATF reported 733 fire and explosion related incidents associated with houses of worship. Of those incidents, 156 were determined to be accidental, 15 were bombings, 316 were incendiary fires, and 233 were undetermined fires; “other” incidents totaled 13, for (attempted arson, threats, and recovery of an incendiary device).34 In addition, ATF reported 16 persons injured and 6 persons killed within the past 5 years. (U//LES) Figure 1 illustrates all categories of HOW incidents for the past 5 years. All incidents appear to be on average with the exception of incendiary and undetermined fires. Both of these incident types tend to have similar numbers each year; however, the numbers have increased within CY 2015. 20 Nov
A “release to one, release to all” policy for FOIA will serve the public interest - Today, the Sunlight Foundation commented on a “release to one, release to all” policy for the Freedom of Information Act proposed by the Department of Justice’s Office of Information Policy promulgated in a Request for Comments, including an description of the “release to all presumption” and a draft memorandum for federal agencies. Our comment, which will be available to the public at Regulations.gov, follows. Dear Director Pustay, We welcome the opportunity to comment upon the Department’s proposed “release-to-one, release-to-all” policy for fulfilling requests made under the Freedom of Information Act. The Sunlight Foundation strongly supports the proposal overall, with some specific concerns regarding individual components in the draft regarding overly broad exemptions and exceptions. As a decade-old nonpartisan, nonprofit organization dedicated to using journalism, advocacy and technology to improving the transparency and accountability of our politics and government, we see great potential for this approach to improve public knowledge of the operations of government, reduce the costs of administering one of the core sunshine laws of the nation, and reduce asynchronies in the disclosure of government data that are providing an unintended subsidy to industry. As we have argued in the past, this policy represents a significant change in the nation’s information disclosure policies that would not only complement recent updates to how the federal government protects, structures and publishes public records but could, in the long run, increase public knowledge of what is being done in our name. Governments everywhere should use the demand signal of FOIA requests to prioritize proactive disclosures online. Structuring and publishing the datasets that commercial interests repeatedly, frequently request should increase the capacity of FOIA officers to respond to more complex public interest requests. We hope that agency CIOs will work directly with the nation’s FOIA officers to apply Project Open Data’s resources to proactive disclosure of records online in machine-readable format. Should the proactive disclosure of records as open government data be directly tied to the demand expressed by inbound FOIA requests in 2017, we expect to see significant improvements in government transparency and accountability to not only occur in the U.S. federal government but secondary effects in other states and countries that learn from our example. On Exceptions and Exemptions While we acknowledge that combining open government data sets and analyzing them can lead to insight that may implicate the privacy of individuals or security of states, we are concerned about OIP embracing “mosaic theory” in its guidance to agencies on FOIA. The “foreseeable harm standard” in the statute is sufficient for officers to consider. In 2017, we expect the potential impact of OPEN Government Data Act on the default disclosure approach of the nation to be significant. As it currently stands, mosaic theory is functioning as an abstract risk, rather than a strategy for weighing potential risks. The Department of Justice should help agencies weigh risks and public benefits. Invoking the mosaic theory often serves as an abstract gesture toward complex risk, rather than an empirical assessment of public harm. We also are concerned about the “Good Cause” language in the draft OIP guidance. The FOIA statute provides ample leeway for officers to redact or withhold responsive documents. OIP should avoid adding justifications for no disclosure where existing justifications are already sufficient. On a Delay in Release As the White House Office of Management and Budget moves forward on a building new FOIA.gov next year, we hope to see the “release-to-one, release-to-all policy” explicitly connect the data and demand collected from the nation’s revamped FOIA request portal to the disclosures flowing through Data.gov. We anticipate that proactive, periodic disclosure of structured open data that’s subject to frequent FOIA requests will, in fact, reduce costs and the backlog caseload at many agencies, freeing up FOIA processors to work on the more complicated public interest requests submitted by journalists that contribute to the accountability the public deserves. Over the decades since FOIA was passed, the question of whether the public receives public records provided to publishers has been a longstanding question of significant public interest. Historically, publishers have not always published records that they receive. Over the past two decades, more journalists and editors have adopted the laudable practice of publishing source documents and data online that underpins the reporting stories rely upon. New storytelling formats, like the news apps, visualizations and open source tools that the Sunlight Foundation has supported and contributed to have demonstrated how powerful sharing the original documents can be informing the public and connecting them to their elected representatives. As we wrote in July, we understand the concerns that investigative journalists have about how a “release to one, release to all policy“ could affect their work. The feedback from the initial pilots suggests that many journalists want government transparency and accountability, but fear that a policy that mandates immediate release of responsive documents to all could harm their journalism. Moreover, the surveys conducted by the Reporters Committee for Freedom of the Press confirm that only a small minority of journalists support immediate release of records due to concerns about the impact on their investigations. In considering the two options for disclosure that OIP laid out — immediate or a five day delay, Sunlight is mindful for the Hippocratic Oath that doctors observe: first, do no harm. We do not want to see the Department of Justice create a disincentive for journalists to make FOIA requests or for publishers to allot budget and spend money to file lawsuits for records under the statute. Public records frequently provide a backbone for crucial public interest reporting that holds agencies accountable for fraud, waste, abuse or other forms of corruption. On the other hand, we are also mindful of the concerns regarding the state of compliance with the FOIA in the United States. To delay the release of documents or databases to the general public after release to an individual requester gives us pause. As OIP highlights, the FOIA statute includes a limited exemption for fee waivers in situations in which a given requester can demonstrate that “disclosing the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.” This is an important signal from Congress that agencies should not create monetary disincentives for journalists and citizens. Congress has not formally weighed in, however, on whether such a public interest exception should be considered in how records are disclosed. Effectively creating a separate class of requesters who receive documents and data under an embargo public interest exception without clear guidance from lawmakers is not ideal. We therefore recommend that there be no delay in releasing documents or databases to all online in an open, machine-readable format. We also recommend that agencies formally ask for feedback from the original requesters regarding the impact of such disclosure on their investigations. This feedback should be cataloged and published in a report by OIP next December and used to revisit whether the policy is having any demonstrated harm upon investigative journalism or the public interest. Creating and formalized an ongoing feedback loop with the requester community regarding the quality, frequency and outcomes of disclosures is in of itself a desirable dynamic, and we hope that the Department of Justice works with the Office of Government Information Services at the National Archives in developing improvements in this area. As a practical matter, we anticipate that agencies may not publish all responsive documents online immediately upon disclosure to an individual. As IT modernization improves the capacity of agencies to manage their information as an asset, however, we see a future where agencies responding to FOIA requests for data, documents and software code will be able to conduct searches, redact the results and disclose them online much more quickly. If news organizations show that this policy has caused issues for investigations, OIP should reform it. We look forward to participating in that conversation. Respectfully, The Sunlight Foundation23 Dec
Today in OpenGov: How you can help preserve open government data in 2017 - ARCHIVE ALL THE THINGS. Over the last month, many of you have asked what will happen with open government data under a Trump administration or with government transparency writ large. The honest answer is that we don’t know, but there’s sufficient reason for concern and cause for action now, as FreeGovInfo explains: Here at FGI, we’ve been tracking the disappearance of government information for quite some time (and librarians have been doing it for longer than we have; see ALA’s long running series published from 1981 until 1998 called “Less Access to Less Information By and About the U.S. Government.”). We’ve recently written about the targeting of NASA’s climate research site and the Department of Energy’s carbon dioxide analysis center for closure. But ever since the NY Times last week wrote a story “Harvesting Government History, One Web Page at a Time”, there has been renewed worry and interest from the library- and scientific communities as well as the public in archiving government information. And there’s been increased interest in the End of Term (EOT) crawl project — though there’s increased worry about the loss of government information with the incoming Trump administration, it’s important to note that the End of Term crawl has been going on since 2008, with both Republican and Democratic administrations, and will go on past 2016. EOT is working to capture as much of the .gov/.mil domains as we can, and we’re also casting our ‘net to harvest social media content and government information hosted on non-.gov domains (e.g., the St Louis Federal Reserve Bank at www.stlouisfed.org). We’re running several big crawls right now (you can see all of the seeds we have here as well as all of the seeds that have been nominated so far) and will continue to run crawls up to and after the Inauguration as well. We strongly encourage the public to nominate seeds of government sites so that we can be as thorough in our crawling as possible. Scientists and researchers around the United States and beyond are now crawling and archiving data. For more information about this effort, and ways you can help, read FreeGovInfo and participate in the End of Term Crawl. [READ MORE] GOOD NEWS: New Jersey passed what looks to us like a landmark open data law. If you agree or disagree, please let us know. SPRECHEN SIE DEUTSCH? Germany has published a draft of a proposed open data law. Keep an eye on this one. TO WATCH: A privatized security force employed directly by a President would be a threat to public accountability, as John Wonderlich warns: “Is Trump’s security team going to be paid through a government contract? Or is this a private arrangement that contradicts Secret Service roles? Trump’s security team is presumably paid through one of Trump’s corporate vehicles, not his personal account, no? Privatized POTUS security is Presidential security that lives further from public protections, FOIA, and the rule of law. Trump’s failure to divest is also an assertion that he can act unilaterally outside the law. Like with a private security force.” WEIGH IN: As we highlighted in August, the Office of Information Policy asked for feedback on a proposed “release to one, release to all” policy for the Freedom of Information Act. This month, the Justice Department published an official Request for Comments on the draft, including an description of the “release to all presumption” and a draft memorandum for federal agencies. The Project on Government Oversight supports the proposed “release-to-one, release-to-all” policy for the Freedom of Information Act, with caveats. So do we, as you’ll read tomorrow. We encourage you to comment — but don’t wait: the deadline is tomorrow. [Federal Register] EDITOR’S NOTE: This will be the last Today in OpenGov of 2016, as Sunlight staff takes time off to rest, travel and spend time with family over the holiday break. As the year comes to a close, we are also saddened about remarkable colleagues are moving on after making extraordinary contributions to Sunlight and to open government in the United States. We are deeply grateful to them and you, our community. Thank you for reading, commenting, corresponding and holding us accountable, too. We hope you will consider making a tax-deductible donation as part of your year-end giving. We will see you in the new year. –Alex TRANSITION 2017 Christmas @ Mar-a-Lago: @realDonaldTrump, relaxed and chatty, hosts press for drinks — off-record but pics OK @axios pic.twitter.com/lysW7FHzIl — Mike Allen (@mikeallen) December 19, 2016 148 days. The last press conference President-elect Donald J. Trump held was on July 27. He has held none since Election Day. News organizations are starting to respond appropriately by highlighting the violation of this fundamental democratic norm but are still not adjusting, as Poynter’s report that White House correspondents are fretting over their dinner suggests. The deeper problem is what the White House Correspondents Association (WHCA) dinner — aka “nerd prom” — “looks like” now, and has for years: journalists too cozy with power and worried about losing access. A majority of the public doesn’t trust the press. Reporters should worry about Trump’s lack of press conferences. “Engaging with the press” is not a sufficient commitment by the President-elect or his team. Our suggestion to media organizations and the WHCA: suspend the dinner until Trump holds press conference and commits to the holding them in office. Billionaire investor Peter Thiel is involved in filling health, technology and science appointments in the transition, including roles that would have conflicts of interest with some of his investments. [Stat News] Activist investor Carl Icahn is to play a role in choosing new SEC chairman, who oversees regulation of investors. [New York Times] Vetting billionaires nominated for public service takes time. Process shouldn’t be rushed, nor disclosure diminished. [New York Times] The National Archives and Records Administration proactive published the transition materials it prepared for the transition team. This is a commendable open government bar for all federal agencies! Looking back through the history of the United States, former Sunlighter Zephyr Teachout, a law professor ran for governor and Congress in New York, concludes that Trump could be the “most corruptible President ever.”   [Politico Mag] The Trumps are taking steps to address conflicts of interest. [New York Times] The President-elect is going to have to decide whether he will put the people’s business or his business interests first. [Diane Rehm Show] A piecemeal approach to resolving conflicts of interest journalists report won’t work. A “discretionary blind trust” won’t work. A President of the United States should disclose his tax returns, divest from his businesses, invest the proceeds into a blind trust, and hold a press conference to discuss it all. NATIONAL The Obama administration is “dismantling a dormant national registry program for visitors from countries with active terrorist groups — a program that President-elect Donald J. Trump has suggested he is considering resurrecting.” Read the Federal Register. [New York Times] In a new report, the House Judiciary Committee concluded that “Any measure that weakens encryption works against the national interest.” Notable conclusion, that. In a historic moment of progress for Americans with disabilities, The FCC voted 5-0 to require US wireless carriers & device manufacturers to support RTT: real-time text messaging. [Motherboard] The White House announced iOS and Android apps for regulatory information. While we’re glad to see improvements in making the regulatory process more easy to understand to smartphone-toting nation, should government agencies focus on shiny apps or making .gov websites mobile-friendly and responsive first? [WhiteHouse.gov] Separately, the White House shared an update on “We the People,” its e-petition platform. As U.S. chief digital officer Jason Goldman notes, “While we’ve taken every step possible to make it easy for future administrations to carry on this tradition, it’s ultimately up to the incoming team.” Please let Sunlight know if you think this is a platform worth defending. [Medium] Oh yeah! Cornell Law School’s Legal Information Institute is officially the co-owner of oyez.org, the wonderful website that publishes audio and context for oral arguments before the U.S. Supreme Court. [InfoDocket] Despite data problems and oversight, the IT Dashboard continues to give us some sense of how long federal IT projects take and how much they cost. A new analysis by Federal News Radio digs into that data to come up with some averages across agencies, documenting continued challenges in delivery. [FedNewsRadio] Price transparency will bring down health care costs if and when the data finds the public through tools and platforms when and where they make decisions. Today, far too many people don’t know where to go to compare or find data. [New York Times] Speaking of transparency, the Department of Veterans Affairs is now releasing health care quality data. [USA Today] STATE AND LOCAL A federal monitor found multiple problems with the Cleveland Police Department’s bodycam program. [Cleveland.com] As the City of Chicago settles a public records lawsuit, Mayor Rahm Emanuel acknowledged that he hid city business using personal email accounts. [Chicago Tribune] Civic Hall will be the anchor tenant of a new $250 million “innovation hub” in New York City’s Union Square, set to break ground in 2018. Congratulations to former Sunlight advisors Micah Sifry and Andrew Rasiej on this further validation of their vision. [Fast Company] INTERNATIONAL The United States reached the biggest settlement ever – by far – under the Foreign Corrupt Practices Act, penalizing two Brazilian companies. “On December 21st America’s Department of Justice (DoJ) reached a $3.5bn settlement with Odebrecht, Brazil’s biggest builder, and with Braskem, a petrochemical joint venture between that firm and Petrobras. The DoJ alleges that since 2001 Odebrecht and Braskem paid $788m in bribes to officials and political parties in Brazil and in 11 other countries. Most of these are in Latin America. They include Venezuela, Mexico, Argentina and the Dominican Republic (see chart). Two Portuguese-speaking African countries—Angola and Mozambique—are also on the list.” [The Economist] Researcher Jonathan Gray published a new paper on “datafication” and democracy. [IPPR] The World Bank published a new post on their work to determine the cost of open government reforms: “Once finished, the costing framework will be made freely available for governments and other interested parties to cost out specific open government reforms under consideration. It will also position this framework as an accessible, “do-it-yourself” (DIY) tool that can be utilized by generalists — including officials in low and middle-income country governments — seeking to understand the full costs of starting and sustaining open government reforms over time.” [World Bank] The lingering feeling from the Anti-Corruption Summit and Open Government Partnership Summit was that “the usual responses are inadequate,” writes Tom King. [GIJN] 22 Dec
Today in OpenGov: The Sunlight Foundation will endure - SUNLIGHT WILL ENDURE. No need to bury the lede today, as you should have heard this in a separate email from us: The Sunlight Foundation will be an independent, nonpartisan advocate for open government in 2017 under the leadership of Executive Director John Wonderlich. Your correspondent is stepping up to be the new Deputy Director. We’ll have more to share in the weeks and months ahead about what’s next, but the work continues. We hope that the second decade of our work will honor the contributions of the hundreds of our alumni and the tens of thousands of members of our communities. We trust that you will continue to support Sunlight through donations of your time, funds, attention and goodwill.  Thank you all for your messages of support and encouragement. [READ MORE] 141 days. President Barack Obama held what is likely to be his last press conference of 2016 today. The last press conference President-elect Donald J. Trump held was on July 27. He has held none since Election Day. Why does it matter? Tamara Keith is spot on: “Unlike other ways of getting messages out, press conferences hold public officials more accountable to the American people because they have to answer questions in an uncontrolled environment.” [NPR] News organizations are starting to respond appropriately by highlighting the violation of this fundamental democratic norm. (And yes, maintaining democratic norms really matters.) The “number of days since” should start to lead the morning shows and evening news. TRANSITION 2017 In a letter responding to Senator Tom Carper, the U.S. Office of Government Ethics recommended that President-elect Trump divest from his businesses, stating that  transferring a business to your children isn’t a blind trust nor removes conflicts of interest. [NPR] Divestiture addresses conflicts of interest in a way that transferring control does not. [GovExec] Every day, more conflicts of interest emerge and are catalogued by the media. [The Atlantic] According to The Wall Street Journal, however, Trump is not going to divest from his businesses to address the conflicts, unlike Presidents have over the past 4 decades, just as he did not disclose his tax returns. This decision is one that members of the Electoral College will have to weigh.  [Quartz] The Washington Post has launched a genuinely innovative approach to covering the President-elect’s post-factual tweets: a Chrome Web browser plug-in that adds much-needed fact-checking and context to @RealDonaldTrump on Twitter.com.  [Washington Post] Every nominee to lead a federal agency receives serous scrutiny in a Senate hearing — and in focusing on assembling a cabinet quickly, as compared to past years, the transition team may have set itself up for major headaches in 2017. The Wall Street Journal reports that “picks have been named without extensive reviews of their background and financial records, people familiar with the process say.” Stay tuned. [WSJ] NATIONAL The inspector general of the National Security Agency received a termination notice for retaliation against a whistleblower. The Project on Government Oversight reported the outcome, including something important: it’s the result of reform. “It was reached by following new whistleblower protections set forth by President Obama in an executive order, Presidential Policy Directive 19. (A President Trump could, in theory, eliminate the order.) Following PPD-19 procedures, a first-ever External Review Panel (ERP) composed of three of the most experienced watchdogs in the US government was convened to examine the issue. The trio — IG’s of the Justice Department, Treasury, and CIA – overturned an earlier finding of the Department of Defense IG, which investigated Ellard but was unable to substantiate his alleged retaliation. “The finding against Ellard is extraordinary and unprecedented,” notes Stephen Aftergood, Director of the Secrecy Program at the Federation of American Scientists. “This is the first real test drive for a new process of protecting intelligence whistleblowers. Until now, they’ve been at the mercy of their own agencies, and dependent on the whims of their superiors. This process is supposed to provide them security and a procedural foothold.” [POGO] Related: Congress passed legislation that will empower inspectors general. [Daily Caller] Surveillance reform include the need for Congress to affirm that there’s no place for secret law in our democracy. [Access Now] The Department of Defense has launched a new open data platform, data.mil. [Meritalk] Speaking of open data, fears are rising that a Trump administration would remove data from federal websites, or, worse yet, delete it altogether. [Politico] The ways that Trump administration handles open government data, however, may be more subtle than that, as we and others told 538. “What does have observers worried are two things in particular: budget cuts that could significantly impact data collection and quality, particularly within the government’s statistical agencies — those that produce key economic indicators like the Bureau of Labor Statistics and the Bureau of Economic Analysis; and the willful miscommunication of scientific research that proves politically inconvenient to the White House.” [FiveThirtyEight] We’ll see. In the meantime, the SEC may issue a rule on open data before the next administration comes into power. [FCW] STATE AND LOCAL Want to get an amazing download of insight about how open data can help cities and communities around the United States? Watch the video embedded above, in which Sunlight’s Stephen Larrick and Kate Rabinowitz of DataLensDC talk with Michael A. Shea from Arlington Independent Media. Lawmakers in New Jersey are considering a bill that would change a “state law that requires governments, businesses, and individuals to publish legal notices in printed newspapers.” Moving all government notices completely online would leave seniors and poor in data poverty. Every state must get everyone online before leaving print entirely. [NJ.com] Civic technology and engagement can and should reach into county-level government. [TechCrunch] INTERNATIONAL Mor Rubenstein reflected on the good, bad and ugly from the Open Government Partnership Summit. [OKFN] We were glad to see press freedom on the agenda at OGP16, given the rise of authoritarianism around the world. [CPJ] 16 Dec
Sunlight will endure - Today, we can announce that Sunlight will continue its role as an nonpartisan advocate for open government under the leadership of Executive Director John Wonderlich. John has been a strong steward of the organization’s principles and mission during this period of transition, and over the last decade. Alex Howard will be the new Deputy Director, helping to lead Sunlight into the next stage of its evolution. Over the past two months, we have heard from people around the United States, indeed around the world, of their regard for the role the Sunlight Foundation has played in the global transparency movement.  Developments over the past two months have made it clear how important Sunlight’s continued work in the public interest is and can be, as an independent institution. Unfortunately, several staff will be departing as part of this transition. Over the next year, Sunlight will retain and expand our capacity to preserve and defend an open government by, for and of the people in the United States and our work to strengthen democratic norms and institutions across the country and the globe. Our federal and international work will continue with our allies to defend and enhance hard-won progress in transparency laws and accountability initiatives. Our state and local programs will continue to work with cities and statehouses to improve open data policies and implementation. Sunlight will continue to confront key challenges facing democracy, including conflicts of interest and other forms of corruption, and other threats to open government, press freedom, undisclosed influencers and regressive legislation and regulation. We are grateful to our friends and allies in the nonprofit world who stepped up to preserve tools for transparency following our September decision to transfer databases and apps to stable, motivated successors and to close Sunlight Labs as a separate development team. The updates we have heard post-adoption confirm that we made good choices and have honored the legacy of our colleagues. These steps appropriately reflect a robust community dedicated to demonstrating that civic technology can and does continuously contribute to meaningful transparency and accountability in our government and politics, at all levels. We are immensely proud of our contributions to democracy and grateful to everyone who will carries the results of these efforts forward, in and outside of government. We expect that the expertise and reputation the Sunlight Foundation has developed as a nonpartisan advocate over the past decade will play an important role in the movement to make governments everywhere, at all levels, more transparent and accountable. We trust that you will continue to support Sunlight through donations of your time, funds, attention and goodwill. We hope that the second decade of our work will honor the contributions of the hundreds of our alumni and the tens of thousands of members of our communities. Thank you all for your messages of support and encouragement. 16 Dec
Today in OpenGov: Senate passes historic endorsement of open government data - GOOD NEWS: On Dec. 10, 2016, S.2852, the Open, Public, Electronic, and Necessary (OPEN) Government Data Act, passed the Senate with an amendment by unanimous consent. The OPEN Government Data Act has been a core priority of the Sunlight Foundation in Washington in 2016. Amidst unanswered questions about the future of open government in the United States, the Senate has provided a unanimous endorsement of a set of enduring principles that the Sunlight Foundation has advanced and defended for a decade: that data created using the funds of the people should be available to the people in open formats online, without cost or restriction. We hope that the U.S. House will quickly move to re-introduce the bill in the 115th Congress and work across the aisle to enact it within the first week of public business. We expect the members of Congress who stood up for open government data this fall to continue do so in 2017. MORE DIVERSION, NOT DIVESTMENT: On Friday, Sunlight joined dozens of ethics experts and good government advocates on a second letter addressed to President-elect Donald Trump to address his conflicts of interest by disclosing and divesting from his businesses. Last night, Trump postponed a December 15th press conference on the future of his businesses that he had announced in the end of November on Twitter. A spokesman told the Washington Post the delay was so that Trump could focus on building a cabinet. Later in the evening, Trump sent three tweets, stating that: “Even though I am not mandated by law to do so, I will be leaving my busineses [sic] before January 20th so that I can focus full time on the Presidency. Two of my children, Don and Eric, plus executives, will manage them. No new deals will be done during my term(s) in office. I will hold a press conference in the near future to discuss the business, Cabinet picks and all other topics of interest. Busy times!” “Not signing new deals” is neither divesting nor disclosing, as every President of the United States has done for decades has done prior to taking an oath to support and defend the Constitution. Today, Newsweek published a new investigation of Trump’s international business ties. Trump has set no date for that press conference nor disclosure of his tax returns, which would add much-needed sunlight into his foreign entanglements, including his huge debts. 138 days: Trump last held a press conference on July 27. He has held none post-election, which is unprecedented for a President-elect in the modern era. The primary didn’t enforce a norm for tax disclosure. Congress still hasn’t. It’s now up to press and the public to apply pressure to hold Trump accountable. TRANSITION 2017 The Presidential Transition relaunched GreatAgain.gov on Medium. The new site details how to connect to the Transition using social media and mail and information on the Presidential Transition Act. Along with glossy biographies of nominees, the transition has also published a list of agency landing teams and landing team members, including a funding source for each: volunteer, private, and transition entity. The site has a news section with updates about nominations. While the transition is still falling short on financial disclosures and responsiveness to inquiries about staffing, adherence to or even existence of an ethics pledge, the expanded site does fulfill some of the open government principles we laid out in November. The Energy Department has refused the transition request to name staff who worked on climate change policy. [The Hill] Scientists and researchers are organizing to preserve government data on climate and environment to mitigate the risk of potential deletions by a Trump administration. [Vice] NATIONAL The New York Times published a notable new feature on the information warfare campaign the Russians conducted to disrupt the 2016 U.S. presidential election. [New York Times] In a letter, the White House council informed Congress that the Senate report on CIA torture would be preserved as a government record in President Obama’s presidential papers — but would not be declassified for 12 years. Score this one as a victory for history but not for transparency or accountability anytime soon. [LA Times] Katherine Hawkins offered thanks that at least one copy of the report will be preserved but is concerned about the future of other copies — and dismayed that the report will not be publicly released. [Just Security] A federal judge issued an order for White House Office of Science and Technology Director John Holdren to preserve all email from his private account during a Freedom of Information Act lawsuit regarding the messages goes forward. Josh Gerstein: “The case involving Holdren was brought by the Competitive Enterprise Institute in 2014, after the group learned that he was conducting some official business on his Woods Hole account. Kessler tossed out the case the following year, ruling that his office had no duty to search a non-government email account.However, earlier this year the D.C. Circuit reversed that decision on appeal, holding that the mere fact that records are stored outside of government servers does not automatically put them beyond the reach of FOIA.” [Politico] The Senate unanimously approved S.579, the Inspector General Empowerment Act, which the House passed earlier this fall. Under the legislation, which President Obama is expected to sign into law, federal agency inspectors general will gain faster, complete access to records, although it stops short of providing subpoena powers. “Passage  of  the  IG  Empowerment  Act  enhances the  IGs’  ability  to  fight  waste, fraud, abuse, and misconduct, protects whistleblowers who share information with IGs,  increases  government  transparency,  and bolsters  the  public’s  confidence  in the independence of IGs.  For these reasons, the Act is an important milestone for good  government,” said Justice Department IG Michael Horowitz. “The  Inspector  General  community is grateful to the sponsors and co-sponsors of this Act and all those who  stood up for independent oversight.” [Federal News Radio] STATE AND LOCAL Emily Shaw shares some changes for the better in state-level campaign finance disclosures: “…in our review of the past year’s changes to state laws on campaign finance disclosure, we’ve seen legal improvements across the country that should improve the accuracy and timeliness of publicly available campaign finance information. The results are mixed, but overall states made real progress in 2016, with California, Maryland and South Dakota taking positive strides. However, some states, like Arizona and Wisconsin, took steps backward in terms of allowing more money and less disclosure into their local elections.” [READ MORE] Sunlight’s Steven Larrick and Greg Jordan-Dettamore launched OpenDataPolicies.org, a website that collects open data policies from around the USA. [StateScoop] The Constitution Project’s Committee on Policing Reforms released a new report recommending guidelines for the use of body-worn cameras by law enforcement officials, including important transparency and accountability elements. [Constitution Project] INTERNATIONAL Daniel Dietrich writes in to share a new report and scoping studies on 15 countries that evaluated the ability of governments and civil society organizations to publish and use open contracting data. He explains: “The scoping studies, conducted under supervision of the Open Contracting Partnership, point out opportunities and challenges regarding making public contracting more efficient and transparent, and identify needs and capacities of civil society to help translate available contracting data into actionable information. The countries covered are Bangladesh, Ghana, Guatemala, Honduras, Indonesia, Kenya, Malawi, Myanmar, Nepal, Nigeria, Peru, the Philippines, Senegal, Tanzania, and Uganda.” The report finds that to ensure efficient and transparent public spending through its contracts, governments need to make strong commitments to open contracting, draft legislation that guarantees public access to information on public contracts, disclose contracting data and documents using the Open Contracting Data Standard and provide feedback channels to foster strong engagement of citizens, civil society organizations and the private sector. Documents obtained by BuzzFeed Brasil implicate Brazilian President Michel Temer in a money laundering scheme. Severino Motta and Alexandre Aragão: “A former VP at one of Brazil’s largest construction companies told prosecutors the firm gave the president $3.3 million in “undeclared” funds.”  [BuzzFeed News] State security agents have been spying on journalists at South Africa’s public broadcaster. [Quartz] A coalition of French civil liberties and open government advocates has called out the Government of France for openwashing. [Republique Citoyenne] EVENTS What events will YOU be attending over the next six months? Write to ahoward@sunlightfoundation.com. 13 Dec
Senate passes historic endorsement of open government data - Amidst unanswered questions about the future of open government in the United States, the Senate has provided a unanimous endorsement of a set of enduring principles that the Sunlight Foundation has advanced and defended for a decade: that data created using the funds of the people should be available to the people in open formats online, without cost or restriction. On Dec. 10, 2016, S.2852, the Open, Public, Electronic, and Necessary (OPEN) Government Data Act, passed the Senate with an amendment by unanimous consent. The OPEN Government Data Act has been a core priority of the Sunlight Foundation in Washington in 2016. We are thrilled that the Senate has acted to move it and grateful to the bill’s co-sponsors for their support for open government. “I’m proud to work across the aisle with Senator Schatz to bring a 21st century solution to this city’s antiquated, 20th century approach to data,” said Sen. Ben Sasse, R-Neb., in a statement. “Because transparency keeps Washington accountable to the people, government data should be made public unless an administration makes a compelling reason not to. After passing the Senate with bipartisan support, we have momentum to carry this important work into the new year.” Proud to work with @SenBrianSchatz to bring a 21st century solution to this city's 20th century approach to data.​ https://t.co/EwmxPekwWJ pic.twitter.com/h9i5QCUC8f — Senator Ben Sasse (@SenSasse) December 12, 2016 “Public information belongs to the public, and it’s the government’s job to make sure that data is available and easily accessible in today’s ever-changing digital world,” said Sen. Brian Schatz, D-Hawaii, in a statement, “I thank Senator Sasse for working with me to get this through the Senate, and I look forward to continuing our work in the next Congress.” The bill requires government data assets to be published as machine-readable data in an open format that does not limit reuse and imposes a condition that no costs will be imposed. In keeping with Sunlight’s years of advocacy, the bill requires the White House Office of Management and Budget to oversee the completeness and availability of an enterprise data inventory for every agency. That work is ongoing today, as everyone in the public can see at the Project Open Data Dashboard. The OPEN Government Data Act will ensure that the work continues. This approach to transparency and accountability will not only inform and enhance public knowledge and apply data to improve society. It will improve the ability of agencies to understand and use the information assets they hold. The data breaches and compromises of the past decade show how important it is for agencies to understand what data they hold and its sensitivity. That’s why the OPEN Government Data Act’s requirement for the Chief Information Officers Council to work with the newly strengthened Office of Government Information Services and the White House Office of Science and Technology Policy to “promote data operability and comparability of data assets across the government” is welcome and essential. So to is the act’s requirement for the White House Office of Management and Budget to continue to “assess the extent of each federal agencies use of data assets to support decision-making cost savings and performance.” If enacted and signed into law, these measures would be directly relevant and useful to advancing the goals of the Evidence-Based Policy Commission in 2017. We hope that Speaker of the House Paul Ryan sees and values this connection swiftly to institutionalize this sensible, bipartisan approach to improving government and governance. Given the Congressional Budget Office’s assessment of no cost to taxpayers from the OPEN Government Act, there is strong rationale to get this one. Given the demand from commercial requesters using the freedom information act to search for data, we hope and expect that open data from a new FOIA.gov will be used to prioritize the structuring and disclosure of open data using the vehicle that the OPEN Government Data Act mandates: Data.gov. The act would also preserve Data.gov as a public interface for the nation’s open data, which is in of itself a valuable mandate, particularly given the site’s improvements and approach to federation. The OPEN Government Data Act is an essential complement to the Freedom of Information Act reform that passed this summer. Together, the legislation would provide statutory structure and mandatory requirements for open and transparent government in the 21st century. If passed and implemented, the two laws put in place a series of provisions and structures that will enable Congress, journalists, nonprofits, academics, private-sector companies and the public to hold future administrations accountable. We and our allies know that executive orders and memorandums can be undone with the stroke of a pen. Sunshine laws cannot be so easily untangled nor dismissed. For this reason, we both celebrate the Senate’s unanimous endorsement of the law and hope that the U.S. House will quickly move to re-introduce the bill in the 115th Congress and work across the aisle to enact it within the first week of public business. We will hold Schatz and Sasse to their word and expect the members of Congress who stood up for open government data this fall to continue do so. Sunlight stands ready with our allies to hail congressional support for open government in the 21st century, and to hold our legislators and official accountable for following through on this mandate.12 Dec
Change for the better in state-level campaign finance disclosure - (Photo credit: Ervins Strauhmanis/Flickr)With recent Supreme Court rulings leading to an increase in the amount of money eligible to legally affect elections, it becomes even more important to have adequate transparency in campaign finance. Happily, in our review of the past year’s changes to state laws on campaign finance disclosure, we’ve seen legal improvements across the country that should improve the accuracy and timeliness of publicly available campaign finance information. The results are mixed, but overall states made real progress in 2016, with California, Maryland and South Dakota taking positive strides. However, some states, like Arizona and Wisconsin, took steps backward in terms of allowing more money and less disclosure into their local elections. Although Supreme Court decisions like Citizens United have restricted states’ ability to limit political donations, our right to require campaign finance disclosure has remained fundamentally intact. The Supreme Court recognizes that “‘provid[ing] the electorate with information’ about the sources of election-related spending … would help citizens ‘‘make informed choices in the political marketplace.’” We need to be able to see who is giving what to which candidates to evaluate whether new officials are favoring campaign donors — with contracts, state support or other favorable outcomes. Transparency in government means that the government provides information that allows the public to see critical decisions and transactions. Understanding both the processes and outcomes of government action lets us know whether we have the right policies, and right political leaders, in place. In the interest of seeing how states continue to work to meet this challenge, we are providing a one-year update on changes to state campaign finance law and practice occurring since the 2015 State Integrity Investigation (SII). Last November, Global Integrity and the Center for Public Integrity released the second round of the SII, an in-depth research project that evaluated how the 50 states each performed on 245 indicators of transparency and accountability. The study covered 13 institutional categories, ranging from access to information to state pension fund management. The Sunlight Foundation, with support from Global Integrity, decided to take a closer look at how campaign finance laws and practices have changed (or not) since the mid-2015 end of the SII data collection period. In previous posts, we noted that the last year has seen a number of substantial changes across the country in the areas of campaign finance limits and campaign finance oversight. We also found substantial changes in laws affecting campaign finance disclosure. Over the last year, 16 states passed law in this area. Changes in the laws of 12 states represented improvements, creating stronger campaign finance disclosure. Changes to law in three states weakened campaign finance disclosure. One state passed a law on campaign finance disclosure which didn’t appear to represent a significant change in either direction. To view the spreadsheet in a new window, click here.Of the states which saw improvements in disclosure between June 2015 and June 2016, improvements generally fell into the following categories: Electronic report submission: The electronic submission of campaign finance reports significantly improves their quality and the speed with which they can be made available to the public. It’s therefore somewhat incredible that, as of 2015, 18 states still permitted campaigns to file on paper, despite the fact that paper submissions have created significant additional costs in terms of data-entry labor and data quality. (Only one state, Mississippi, does not support the electronic submission of campaign finance reports.) Happily, the country is continuing to move in the direction of requiring the electronic submission of campaign finance reports. New laws in West Virginia and Missouri require electronic filing of campaign reports. In West Virginia, advocates noted that this would finally make it possible to create searchable online disclosure that was “much more meaningful and user friendly for the public than viewing scanned documents that aren’t searchable and are sometimes illegible.” Meanwhile, new laws in New Hampshire, New Mexico and Connecticut enable more electronic filing of campaign finance reports, moving those states toward the goal of a fully searchable and updated online disclosure database. New requirements for disclosure — type of elections/candidates: New laws in Colorado, New Hampshire and South Dakota require campaign finance reports to be filed by candidates not previously required (in Colorado, this includes candidates running for school board) and for new stages of the campaign (New Hampshire’s new requirement that governors disclose the source of contributions to inauguration events), and also reduce exemptions from campaign finance disclosure requirements (as in South Dakota, which now requires primary-period disclosure from candidates running unopposed, among other closed loopholes.) Where laws expand the period of activity and entities covered, people can feel confident that they are seeing the full picture of donations to current and future officials. Lower reporting thresholds: New laws in Maine and Connecticut lower the amount of money that a campaign must spend before it is required to file campaign finance reports. In Connecticut’s case, the threshold for mandatory reporting dropped from $250,000 to $1,000, representing a substantial change that should add all state races to the disclosure list. To give a sense of the significance of this change, in 2010 the national average for contributions raised in state legislative races was $79,142 — and the national median was just $24,404. Other improvements: More improvements to campaign finance disclosure systems include faster and more frequent disclosure requirements, like SB 248 in Illinois, a bill that generally speeds up reporting for independent expenditures by PACS and expands the length of the faster pre-election reporting period. The Hawaiian public also gains greater clarity on the actual source of campaign donations through HB 1491, which requires super PACs to help administrators tease through the layers of identity-shielding legal shells to identify the original source of their contributions. Weaknesses: While the overwhelming majority of changes represented improvements, three states did pass laws which are likely to reduce the effectiveness of their disclosure regimes. Arizona and Michigan both passed laws which reduce the number of entities that are required to file a campaign finance disclosure: in Arizona, HB 5612 raised the minimum amount at which a committee must file from $500 to $1000, while in Michigan HB 4596/4597 excuses incumbent judges from needing to file at all. Virginia passed a weakening of its disclosure law with H1387 that moved pre-election filing deadlines from 5:00 pm to 11:50 pm, a change which may affect the speed with which those reports can be publicly reported. Despite these few steps back, state-level legislative action over the past year mainly improved the public’s ability to find out who’s funding the campaigns in our states. For many states over the past year, while the progress has been incremental, it is nonetheless in the right direction. As long as states continue to improve their disclosure regimes, hope remains that we’ll eventually all be able to access the data we need in time to make informed choices during elections.   This is the fourth of a series of four posts tracking state-level developments in campaign finance; find the others here. The contents of this blog and the underlying research are the result of a partnership between Global Integrity and the Sunlight Foundation in relation to the State Integrity Investigation. 9 Dec
Today in OpenGov: Divest and disclose, for America - DIVEST AND DISCLOSE, FOR AMERICA: Sunlight joined a bipartisan group of dozens of governance experts arguing that President-elect Donald Trump’s continued ownership of business enterprises will cause serious problems for his presidency and the country. The letter addressed to the President-elect in New York City is clear: We believe you need to act now to ensure that as president you will not have conflicts of interests or the appearance of such conflicts. It must be clear to all that any domestic and foreign policy decisions you make are not being influenced by your business arrangements and family relationships or by your investment holdings, and that the policy decisions of foreign governments with respect to the United States are not unduly influenced by a desire to curry favor with you and your family in your business enterprises. We also believe that you need to take the steps necessary to ensure that your appointments to the cabinet and the other senior executive branch officials eliminate any conflicts of interest they may have regarding their financial and business interests, and investment holdings. Republicans and Democrats called for similar strong measures regarding the Clinton Foundation if Hillary Clinton were elected president. It is no less important for you to take the steps set forth in this letter with The Trump Organization now that you will be entering the Oval Office. We urge you to protect the integrity and credibility of the presidency by divesting your business interests and investment holdings into a true blind trust with an independent trustee. CEO.gov: Trump is filling his cabinet with generals and corporate titans. Sunlight’s Libby Watson looked at the money, influence and donations behind the billionaires who set to head up the nation’s federal agencies. [READ MORE] FOR YOUR FILES: In a new paper published by the Brookings Institution assessing the impact of open government, Vanessa Williamson and Norman Eisen conducted a literature review of hundreds of peer-reviewed academic studies, articles and reports that consider the effectiveness of programs. [READ MORE] FOR YOUR OUTBOX: The Justice Department published an official Request for Comments on the draft of proposed “release to one, release to all” policy for the Freedom of Information Act today. It includes a “release to all presumption” and a draft memorandum for federal agencies. We encourage you to comment. We certainly will. [Federal Register] THINKING AHEAD: Some thoughts and more questions for the weekend posed by Sunlight’s John Wonderlich: Public outrage at Trump’s side gigs is in no way proportionate to the risk they pose to democratic integrity. “He’ll enrich himself” is only the first risk. “He’ll be distracted” or “He’ll make unsteady decisions.” Getting warmer. “He may be leveraged by his debtors.” Bigger risk. “Use direct corporate influence for political leverage.” Manipulating legislators is easier when you can, say, threaten jobs by district. How would Trump respond to a real constitutional crisis? With the aplomb Obama’s trying to model, or frantically pull every lever he can? The fight over Trump’s conflicts of interest is over how much impunity his Presidency can claim as a baseline. His campaign already gutted norms. Has anyone even started talking about all the corporate contributions that are going to start raining on the Trump Foundation? Trump could say, now, that his Presidential library will be a paean to American commerce, and take unlimited corporate contributions to a foundation. What kind of leverage will Trump use when facing: Congress, courts, foreign power, public sector union? What constraints does he respect? NATIONAL The White House Office of Management and Budget and Treasury issued guidance on the DATA Act but agencies are still having problems adopting standards and preparing data for submission. [GAO] In a new report, the General Accountability Office found progress on implementation of the DATA Act but plenty of challenges ahead. [GAO] The Transactional Records Access Clearinghouse (TRAC) at Syracuse University found that total amount of FOIA litigation has increased by 35 percent during the past five years. The cases left unresolved in the federal courts also rose 43 percent over this same period. the backlog of FOIA suits waiting to be decided rose to its highest recorded level According to TRAC, there are “693 cases pending before the federal district courts at the end of the fiscal year.” [FOIA Project] INTERNATIONAL After two months of protests, the president of South Korea was impeached. [AP] As week’s end, Open Government Partnership (OGP) has expanded, with more to come: 5 new countries are officially joining OGP with letters of intent: Germany, Jamaica, Pakistan, Burkina Faso and Luxembourg 2 new countries were found eligible and have announced that they will join soon: Portugal and Afghanistan 5 non-eligible countries have announced that they will work towards eligibility and plan to join: Morocco, Haiti, Guinea, Madagascar and Senegal There should be a healthy debate about what membership in an “open government” means in the wake of these announcements, particularly with respect to Afghanistan and Pakistan. Over the past five years, OGP has been challenged by a set of criteria that put the bar for an open government at a lower level than may have been wise. We’ll see how joining membership actually moves the bar on corruption, access to information and freedom of the press in the countries in the years ahead. EVENTS It’s the last day for the Open Government Partnership’s Global Summit is ongoing in Paris, France. Sunlight’s Steven Larrick presented on “Remix to Reform,” with Greg Jordan-Dettamore, and introduced OpenDataPolicies.org, a website that (you guesses it) collects open data policies from around the USA. What events will YOU be attending over the next six months? Write to ahoward@sunlightfoundation.com. 9 Dec
Trump brings his own billionaires to stock his Cabinet - Donald Trump meets with Wilbur Ross, his pick for secretary of Commerce. Ross is one of several billionaires picked to be in the president-elect’s Cabinet. (Photo credit: Wikimedia Commons)As we’ve written, Donald Trump’s promise to “drain the swamp” is ringing hollow since he’s started making cabinet appointments. From Beltway insiders like Elaine Chao, former secretary of labor, to Wall Street names like former Goldman Sachs trader Steve Mnuchin, Trump is stocking his cabinet with exactly the sort of elites that many Trump supporters believed would be shut out of his administration. Many of these appointees have never held public office, and for some of them it seems their qualifications for the post are based on their success in business — meaning they also have a huge amount of personal wealth. And having huge amounts of personal wealth can often mean a history of big political spending too. NBC News assembled a list of Trump’s richest appointees, based on data from the Washington Post, Forbes, The Guardian and OpenSecrets.org. Which candidates and political groups have these billionaires donated to in the past? Todd Ricketts Position: Deputy Commerce Secretary Net worth: $5.3 billion Todd Ricketts is the co-owner of the Chicago Cubs. One thing to bear in mind with Todd Ricketts, is that his political giving is a family affair: His immediate family has been a conservative money powerhouse for years. Todd’s father, Joe, is the founder of TD Ameritrade; various members of the family, including Joe, his wife, Marlene, and Todd’s brother, Tom, have all given money to conservative causes. Joe Ricketts initially opposed Trump, and Joe and Marlene gave $5.5 million to Our Principles PAC, which ran ads against Trump in the primary; in February, Trump tweeted that the Ricketts family “better be careful, they have a lot to hide!” In fact, several of Trump’s wealthy cabinet appointees are converts who initially publicly opposed Trump. Ricketts’ single biggest donation was in 2013, when he gave $200,000 to Ending Spending Action Fund. Todd was made CEO of ESAF in 2014. He’s given hundreds of thousands to national and state Republican parties, including the max donations (around $30,000 depending on the cycle) to the Republican National Committee (RNC) in 2014, 2013 and 2012, and the National Republican Congressional Committee (NRCC) in 2014. Ricketts donated $2,500 to Gary Johnson’s 2012 run for president. Betsy DeVos Position: Education Secretary Net worth: $5.1 billion Like the Ricketts, Betsy DeVos comes from a family of legacy donors. She’s the wife of Dick DeVos, making her part of one of the “founding families of the modern conservative movement.” They’ve given more than $200 million to right-wing causes since the 1970s. DeVos has been a strong proponent of school vouchers: The New York Times reported, “Her donations and advocacy go almost entirely toward groups seeking to move students and money away from what Mr. Trump calls ‘failing government schools.’” DeVos’ family gave $6.1 million OpenSecrets.org has an excellent round-up of her family’s political giving and their web of nonprofits (which aren’t required to disclose donations — so we’ll never know exactly how much she’s spent). The American Federation for Children, for example, which DeVos chairs, and its affiliates spent $4.5 million on elections in 2014. DeVos led the group All Children Matter, which owes the state of Ohio $5.3 million in fines for violating state election law after funneling $870,000 in contributions from its nationwide PAC to the Ohio affiliate in 2008. Wilbur Ross Position: Commerce Secretary Net worth: $2.9 billion Ross gave $150,000 to the RNC in 2016 (possibly thanks to the McCutcheon decision), partially through Trump Victory, the president-elect’s joint fundraising committee. He also gave the maximum donation to the Trump campaign, though didn’t donate to any super PACs supporting him. In 2012, Ross gave $100,000 to the super PAC supporting Mitt Romney, Restore our Future. He donated $20,000 to the NRCC in 2011, 2012, 2013 and 2015. He has given almost exclusively to Republicans, though he donated to Democratic Sen. Debbie Stabenow’s campaign in 2012. In 1990, Ross “represented bondholders who were gunning for Trump after he failed to pay back the high-interest loans he had taken out to build his casino empire.” According to the Los Angeles Times, Ross “embarked on a strategy that helped Trump avoid a personal bankruptcy.” Linda McMahon Position: Head of the Small Business Administration Net worth: $1.16 billion (with husband) Linda McMahon, co-founder of World Wrestling Entertainment, is another former critic of Trump who made a dramatic reversal late in the election, donating $6 million to a pro-Trump super PAC called Rebuilding America Now. Earlier in the year, she had described Trump’s attacks on women “deplorable.” She changed her mind by September, when she told the AP that she supported Trump and that he is “an incredibly loyal, loyal friend.” It seems she was correct. McMahon, who spent a combined $100 million out of her own pocket in two unsuccessful bids for Connecticut’s U.S. Senate seat, also gave $650,000 to the Ricketts’ super PACs, Future45 and Ending Spending Action Fund, in the 2016 cycle.   9 Dec
New paper offers evidence for impact of open government - Features necessary to an effective open government program. (Image credit: Brookings Institution)While Americans are considering unanswered questions about what President-elect Donald Trump will mean for open government in the United States, a global conversation about transparency and accountability is ongoing about the relevance and outcomes of open government reforms to their societies. Now, there’s useful new research that advocates can use in their work. In a new paper published by the Brookings Institution assessing the impact of open government, Vanessa Williamson and Norman Eisen conducted a literature review of hundreds of peer-reviewed academic studies, articles and reports that consider the effectiveness of programs. Williamson, a fellow at Brookings, and Eisen, who served in the White House as an ethics counsel in the first two years of the Obama administration, focused on studies examining three categories of impact: “budgetary savings (including reductions in corruption), improvements to public services, and broader and deeper public participation.” Their research identified six features of open government initiatives that correlate with a high probability of successful outcomes. These authors listed these features using the following questions: Have the proponents identified the specific principals (e.g. segments of the public, civil society, media and other stakeholders) intended to benefit from the new open government initiative? Is the information revealed by the initiative important to the principals? Is the information accessible and publicized to the principals? Can the principals respond meaningfully as individuals? Are governmental agents supportive of the reform effort? Can the principals coordinate to change their governmental agents’ incentives? Williamson and Eisen argue that when the answer to questions 1-3 is “yes” and when the answer to one of questions 4-6 is also in the affirmative, open government reforms are effective. This flowchart is described in the graphic on the top of this post. Promise and caveats There are a number of cautions in the research, with some recommendations, along with unanswered questions. For instance, the researchers note, “Those who wish to make transparent processes inclusive must not only guard against unintentionally reinforcing structures of inequality, but consider ways to compensate for existing hierarchies.” If we are to mandate that being public means publishing data online, for example, then ensuring universal broadband access to the internet becomes critical to ensure equity in access, as does literacy, digital or otherwise. Elsewhere, the authors observe a “tendency to self-selection among those who participate” in open government efforts, writing, “It is not just the powerful, but the interested, who tend to participate in politics.” The challenges that poses to our politics and open government reforms in the age of social media are both obvious and subtle, as Eisen and Williamson acknowledge: The views of the highly engaged may be quite different from those held by the average member of the public, and so public forums may come to be polarized, even when most people hold moderate views on a subject. As a result, “extreme voices” can exert a disproportionate influence in civic spaces. In these instances, theorists have suggested that transparency can reduce the possibility for compromise, a prerequisite for governance in a pluralistic society. In answer to this theory, the authors cede only that “more research is needed to identify when extremism might be a result of transparency and what institutional forms might mitigate this concern.” To the authors’ credit, they also acknowledge other issues, including the impact of “negativity bias” to freedom of information laws to dissemination by journalists and partisan media outlets. There is good evidence to suggest that people naturally prioritize bad news over good news. For instance, citizens in the UK reported lower satisfaction when they learned that local recycling services were comparatively bad, but not more satisfaction when they learned that services were especially good. Negativity bias is also well documented in the media, a threat that has long been a source of policymakers’ resistance to transparency. For that challenge, there is at least one approach that has promise: positive interventions in people’s live informed by behavioral economics. A field experimental study of personal Social Security statements, which provided recipients with information about their expected benefits from the U.S. public pension system, found that the statements increased knowledge of and confidence in the program. In the face of widespread public distrust in both media and government, dedicated efforts to increase exposure to evidence-based knowledge about health, science, education, environment, energy, transport, elections and all aspects of governance. Positive impacts on informing or connecting the public to services is clearly possible, but inequities in benefit are not only exacerbated by differences in connectivity or economic status but by the considerable challenge of ensuring that data and documents find people whose attention is being pulled in many different directions, instead of requiring people to find the data. Here, Eisen and Williamson offer specific, actionable recommendations: Open data projects should be adaptable for use not only by individuals but by media, academics, and civil society organizations. They should also be amenable to aggregation to the level of official accountability. Those considering direct monitoring as an approach to transparency should ensure that the information in question is truly accessible to the monitors. In addition, there is a critical role for a free and active press in reporting open government information. Here, as throughout our analysis, open government works best when the institutions and mechanisms of democracy are strong. The researchers’ most challenging conclusion, however, may be their acknowledgment of substantial evidence that “monitoring government processes can result in perverse effects.” They list three forms of these perverse effects: attention to process over outcomes, displacement of corruption to a less-observed area, and strategic “improvement” of observed behaviors that are not followed by genuine improvements to government services. To address these behaviors or outcomes, the researchers recommend both better monitoring strategies and a more fundamental approach: ensuring that the actors care about transparency and accountability in their work. That’s best achieved by collective action that leverages transparency regarding politicians, government workers and officials into accountability for reform and improvement. Here, the authors offer a number of examples and approaches based upon evidence that will be useful for advocates and officials alike to consider. The authors end by considering two issues that are highly relevant to governments in transition: politics and sustainability. Sustainability will be measured not only in the costs of programs, platforms, or the regulatory burdens of compliance measured against the societal harms associated with corruption or low participation, but the degree to which benefits are acknowledged and embraced in legislatures and judiciaries. In an ideal world, changes in power cast into stark relief the efficacy of programs, laws, reforms and initiatives implemented by a previous administration and continue those that held promise. In the one that we inhabit, the association of a open government initiative with a political party as opposed to a set of national principles or standards may be to its detriment. Reformers that wish to institutionalize reforms must therefor ensure that their impact and benefit are recognized across ideological spectrums and the media outlets that are aligned with them. It’s into this tumultuous reality that this research paper is injected, where norms, laws and standards that we might take for granted must now be defended and justified. In that context, Eisen and Williamson have made a valuable contribution to the evidence base we can all draw from in the year ahead. 8 Dec

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