Saturday, May 20, 2006

Iranian urban legends

Journalist Amir Taheri in Thursday's National Post claimed that a recent updates to Iranian dress codes will include the following "Nazi" identifiers for non-Muslims:
Religious minorities would have their own color schemes. They will also have to wear special insignia, known as zonnar, to indicate their non-Islamic faiths. Jews would be marked out with a yellow strip of cloth sewn in front of their clothes, while Christians will be assigned the color red. Zoroastrians end up with Persian blue as the color of their zonnar.
Juan Cole says this is completely bogus and cites a number of official Iranian sources denying the existence of any such legislation.
Maurice Motamed, the representative of the Iranian Jewish community in Iran's parliament, has strongly denied the rumors started by Canada's National Post that the Iranian legislature has passed a law requiring members of religious communities to wear identifying badges.

The report was also denied on Montreal radio by Meir Javedanfar, Middle East Analyst and the Director for the Middle East Economic and Political Analysis Company.
According to Cole:
There is nothing in this legislation that prescribes a dress code or badges for Iranian religious minorities, and Maurice Motamed was present during its drafting and says nothing like that was even discussed.
to which he adds, "the whole thing is a steaming crock."

Interestingly enough, even the National Post is backpedalling from the story somewhat. Nonetheless, they're still trying to say they have their information on good authority:
According to the reports, Jews were to wear yellow cloth strips, called zonnar, while Christians were to wear red and Zoroastrians blue. The Simon Wiesenthal Center and Iranian expatriates living in Canada had confirmed the order had been passed, although it still had to be approved by Iran's "Supreme Guide" Ali Khamenehi before being put into effect.
The Wiesenthal center has sent a letter to Kofi Annan, demanding he investigate:
Given President Ahmadinejad’s record of labeling the Holocaust a myth and calling for the obliteration of the State of Israel, we must urgently take action. Now is the time for the United Nations and the international community to launch an immediate investigation, to seek clarification from the Iranians themselves on whether or not the new “National Uniform Law” would single out non-Moslems and require them to wear a color-coded identification patch. If that is not their intention, then let President Ahmadinejad tell the world it is not so.
Journalist Taheri is listed as a member of Benador Associates, a PR firm that outcalls virtually every neo-con in the wingnut phone book. This is starting to look like the the latest salvo in the PR campaign to demonize the Iranians in preparation for the eventual war for regime change, followed by the arrival (to sweets and flowers, no less) of the exiled Iranian community to take over.

McCain gets Colberted

Jean Rohe, singer and student speaker for Friday's New School graduation, used her moment to give follow-on John McCain a piece of her mind. She tells her side of the story at the Huffington Post.
Brave kid. If she is our future, we might just make it.

Wednesday, May 17, 2006

AT&T dealt court blow

AP is reporting that the judge has denied AT&T's motion to have its documents returned.
(AP) SAN FRANCISCO Secret documents that allegedly detail the surveillance of AT&T phone lines under the Bush administration's domestic spying program can be used in a lawsuit against the telephone giant, a federal judge ruled Wednesday, but the records will remain sealed.
The docs will remain under seal until the judge can decide whether they would expose trade secrets.

The judge had earlier blocked a motion from AT&T to seal the courtroom during this morning's hearings.

More on Verizon-NSA

Think Progress has been tracking this story. They suggest that under a recently-issued Presidental memorandum DNI John Negreponte, Verizon may now be authorized to deny everything, regardless of their actual relationship to the NSA:
Ordinarily, a company that conceals their transactions and activities from the public would violate securities law. But an presidential memorandum signed by the President on May 5 allows the Director of National Intelligence, John Negroponte, to authorize a company to conceal activities related to national security. (See 15 U.S.C. 78m(b)(3)(A))

Mitchell estate yours for $7000/night

Or you happen to be a Congressman with an interest in defense contractors.
Sources close to the widening probe of official corruption in Washington tell ABC News that investigators are studying travel records of expensive trips to Hawaii and Europe taken by top CIA official Dusty Foggo and San Diego defense contractor Brent Wilkes.

Prosecutors want to know who paid for the lavish trips to European castles and top end Hawaiian resorts, including this $7,000 a night Honolulu beachfront mansion, owned at one time by hair stylist super-star Paul Mitchell.
For those of you from Hawai`i, they are referring to this Mitchell estate in Lanikai.
(From ABC The Blotter via Raw Story)

Tuesday, May 16, 2006

Verizon bamboozlement

TPM's Josh Marshall is having a little trouble trying to jibe the Verizon/Bell South denials with the USAToday's backing of their story:
I think I've got the answer: they're lying.
[...]
Now, I don't know that they're lying in a precise, semantic sense. In fact, I suspect they're not. There must be some way in which what they're saying is technically true. But if it were more than technically true, they would have said it and said it more emphatically last week, before a bunch of lawsuits got filed.
[...]
My hunch is that there's some third party involved here, a subcontractor, a private vendor, perhaps another government agency. And because of that their claims are technically true. Or, maybe, they allowed the NSA to take the data (a variety of technical means suggest themselves) rather than 'providing' it to them. Who knows.
I think he's on the right track. My suspicion is that the "delay" was the result of two factors: an assumption that the crisis would blow over after the issuance of a standard pro forma denials, and unforseen financial risks presented by litigation filings and the S&P "hold" advisory.

I would also assume that they had to get with somebody at the White House to hammer out some language that sounded more definitive, in the hopes that USAToday would be knocked back on their heels. USAToday's response was less than resolute, which makes me wonder whether they have any hard evidence.

If I were to try to go through the parsing exercise, I would break it down this way:

When Verizon says:
in the aftermath of the 9/11 attacks, Verizon was approached by NSA and entered into an arrangement to provide the NSA with data from its customers’ domestic calls.
It could be interpreted to mean:
  1. It wasn't in the "aftermath," of 9/11, but some time after, or perhaps even prior to 9/11.
  2. Verizon wasn't approached, but approached the NSA on their own, or the non-arrangement was brokered in some way by a third party.
  3. The non-arrangement that never happened wasn't for tracking domestic calls, but the intent was to capture international calls. "Data" could mean almost anything. Maybe they are allowing NSA to trap call route headers or some other call tags that don't directly tie back to a "customer," especially if the calls just happen to be from other carriers traveling on their trunk lines.
Verizon says:
From the time of the 9/11 attacks until just four months ago, Verizon had three major businesses – its wireline phone business, its wireless company and its directory publishing business. It also had its own Internet Service Provider and long-distance businesses.
I find this an interesting construction. Why break it down, instead of saying you have 5 major businesses? Are the ISP and the LD acquisitions that don't count in some way?

Verizon say:
Contrary to the media reports, Verizon was not asked by NSA to provide, nor did Verizon provide, customer phone records from any of these businesses, or any call data from those records. None of these companies – wireless or wireline – provided customer records or call data.
Could mean:
  1. "Asked" may be a term of art, for all I know. "Ordered" in some way, might be more accurate, and gives them the imprimateur of it all sounding involuntary.
  2. "Provided" may also be another term with specific meaning. Again, if they were in some way ordered or otherwise compelled to turn over records, they can claim they didn't "provide" them.
  3. Again with the delineation of "customer records" and "call data." If they are building a database out of call source and destination and time stamp, they may be able to claim that "customer phone records" refers to name/address and "call data" is the actual content. They're still up to their necks, but it sounds like they kept their pants zipped.
Verizon say:
Another error is the claim that data on local calls is being turned over to NSA and that simple "calls across town" are being "tracked." In fact, phone companies do not even make records of local calls in most cases because the vast majority of customers are not billed per call for local calls.
Could mean:
  1. Again with the use of the term "turned over." Could it be they were compelled in some way, or perhaps the disclosures were inadvertant? They're looking for international calls, and they just happened to trap domestic calls.
  2. As for the reference to "local calls," I think they are playing a game with semantics. With some telephone companies, you can choose to pay flat rate with unlimited calling, or buy your local calling by bulk. They have to track that somehow. Don't forget about toll calling? Technically, they may be correct in that purely local calls which could mean the same CO or the same area code aren't tracked, but I think USAToday is probably was just referring to the difference between regular calls and the ones you make by dialing a "1+".
I'm no expert on telecom stuff, but I would tend to agree with Marshall that they are deliberately misleading (if not outright lying) to try to bluff their way through this. It would behoove the EFF and likeminded civil rights guardians to not let them off the hook so easily.

3,501 targeted with FBI NSLs

ABC's Blotter has some stats on how many National Security Letters (NSLs) were issued. Presumably included in those numbers are their own reporters.
Assistant Attorney General William Moschella told Congress last month that 9,254 National Security Letters were issued in 2005 involving 3,501 people.

Verizon fights back

I'm listening to NPR All Things Considered, and they're talking about Verizon's latest denial of any complicity in the latest version of the NSA wiretapping scandal. On Thursday, USAToday accused them of being one of three companies (AT&T and Bell South the other two) cooperating with the NSA in compile a massive database of customer phone records.

Jim Zarroli was answering Nichelle Norris's question as to why they waited so long to issue the denial, and his speculation was that it might take a while for a big company such as Verizon. The thing is, they did issue a denial on Saturday:
The President has referred to an NSA program, which he authorized, directed against al-Qaeda. Because that program is highly classified, Verizon cannot comment on that program, nor can we confirm or deny whether we have had any relationship to it.

Having said that, there have been factual errors in press coverage about the way Verizon handles customer information in general. Verizon puts the interests of our customers first and has a longstanding commitment to vigorously safeguard our customers’ privacy -- a commitment we’ve highlighted in our privacy principles, which are available at www.verizon.com/privacy.

Verizon will provide customer information to a government agency only where authorized by law for appropriately-defined and focused purposes. When information is provided, Verizon seeks to ensure it is properly used for that purpose and is subject to appropriate safeguards against improper use. Verizon does not, and will not, provide any government agency unfettered access to our customer records or provide information to the government under circumstances that would allow a fishing expedition.

In January 2006, Verizon acquired MCI, and we are ensuring that Verizon’s policies are implemented at that entity and that all its activities fully comply with law.

Verizon hopes that the Administration and the Congress can come together and agree on a process in an appropriate setting, and with safeguards for protecting classified information, to examine any issues that have been raised about the program. Verizon is fully prepared to participate in such a process.
Needless to say, they aren't really denying anything. They claim to only give out that information when "authorized by law," and don't give them "unfettered access," which is just a lot of CYA that does little to reassure anybody with more than 2 brain cells to rub together that Verizon didn't turn over some customer records because the NSA asked them to.

So today, they issue (via email) another denial, this one more strongly worded.
As the President has made clear, the NSA program he acknowledged authorizing against al-Qaeda is highly-classified. Verizon cannot and will not comment on the program. Verizon cannot and will not confirm or deny whether it has any relationship to it.

That said, media reports made claims about Verizon that are simply false.

One of the most glaring and repeated falsehoods in the media reporting is the assertion that, in the aftermath of the 9/11 attacks, Verizon was approached by NSA and entered into an arrangement to provide the NSA with data from its customers’ domestic calls.

This is false. From the time of the 9/11 attacks until just four months ago, Verizon had three major businesses – its wireline phone business, its wireless company and its directory publishing business. It also had its own Internet Service Provider and long-distance businesses. Contrary to the media reports, Verizon was not asked by NSA to provide, nor did Verizon provide, customer phone records from any of these businesses, or any call data from those records. None of these companies – wireless or wireline – provided customer records or call data.

Another error is the claim that data on local calls is being turned over to NSA and that simple "calls across town" are being "tracked." In fact, phone companies do not even make records of local calls in most cases because the vast majority of customers are not billed per call for local calls. In any event, the claim is just wrong. As stated above, Verizon’s wireless and wireline companies did not provide to NSA customer records or call data, local or otherwise.

Again, Verizon cannot and will not confirm or deny whether it has any relationship to the classified NSA program. Verizon always stands ready, however, to help protect the country from terrorist attack. We owe this duty to our fellow citizens. We also have a duty, that we have always fulfilled, to protect the privacy of our customers. The two are not in conflict. When asked for help, we will always make sure that any assistance is authorized by law and that our customers’ privacy is safeguarded.
This time, they tried to be more specific about what they didn't do. But why bother with another denial? Perhaps, this is why:
Standard & Poor's Equity Research maintained a "hold" opinion on shares of Verizon Communications after a federal lawsuit was filed against the telecom provider alleging sharing of records with the National Security Agency.

CGI studio acquisitions in the news

Liberty Media Acquiring IDT Ent.
Since its inception in 2003, IDT Ent. has been on a shopping spree, buying
everything from animation studio Mainframe to home video distributor Anchor
Bay, vfx studio DKP Effects and anime specialist Manga Ent. Now it
more...

Digital Domain Sold to Michael Bay & Co.
Academy award-winning visual effects studio Digital Domain has been
acquired by South Florida-based Wyndcrest Holdings LLC, a group led by
action movie director Michael Bay (Pearl Harbor) and investor John Textor.
more...

New MacBook is here

Apple released their new Macbook. It comes in black or white, features a 13" "glossy" widescreen, and runs on the 2.0 GHz Intel Core Duo processor. Prices start at $1099.

Monday, May 15, 2006

National Security Letters

In case you were wondering what the law states regarding the "National Security Letter" that has been cited as the legal basis for gathering phone records. Here's the text from 18 U.S.C 2709:

Section 2709. Counterintelligence access to telephone toll and transactional records
      (a) Duty to Provide. - A wire or electronic communication service
provider shall comply with a request for subscriber information and
toll billing records information, or electronic communication
transactional records in its custody or possession made by the
Director of the Federal Bureau of Investigation under subsection
(b) of this section.
(b) Required Certification. - The Director of the Federal Bureau
of Investigation, or his designee in a position not lower than
Deputy Assistant Director at Bureau headquarters or a Special Agent
in Charge in a Bureau field office designated by the Director, may
-
(1) request the name, address, length of service, and local and
long distance toll billing records of a person or entity if the
Director (or his designee) certifies in writing to the wire or
electronic communication service provider to which the request is
made that the name, address, length of service, and toll billing
records sought are relevant to an authorized investigation to
protect against international terrorism or clandestine
intelligence activities, provided that such an investigation of a
United States person is not conducted solely on the basis of
activities protected by the first amendment to the Constitution
of the United States; and
(2) request the name, address, and length of service of a
person or entity if the Director (or his designee) certifies in
writing to the wire or electronic communication service provider
to which the request is made that the information sought is
relevant to an authorized investigation to protect against
international terrorism or clandestine intelligence activities,
provided that such an investigation of a United States person is
not conducted solely upon the basis of activities protected by
the first amendment to the Constitution of the United States.
(c) Prohibition of Certain Disclosure. - No wire or electronic
communication service provider, or officer, employee, or agent
thereof, shall disclose to any person that the Federal Bureau of
Investigation has sought or obtained access to information or
records under this section.
(d) Dissemination by Bureau. - The Federal Bureau of
Investigation may disseminate information and records obtained
under this section only as provided in guidelines approved by the
Attorney General for foreign intelligence collection and foreign
counterintelligence investigations conducted by the Federal Bureau
of Investigation, and, with respect to dissemination to an agency
of the United States, only if such information is clearly relevant
to the authorized responsibilities of such agency.
(e) Requirement That Certain Congressional Bodies Be Informed. -
On a semiannual basis the Director of the Federal Bureau of
Investigation shall fully inform the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate, and the Committee on the
Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate, concerning all requests made under
subsection (b) of this section.
I've highlighted a couple of sections that may be of interest, namely the 1st Amendment exception, and the Congressional notification clause.
It seems to me that while the service provider may not divulge the results of an NSL, there's nothing that stops a member of Congress on the appropriate Committee from doing so. I also wonder if the personal disclosure prohibition precludes some a certain set a 2709(a) letter from mysteriously turning up on a cafe table at Starbucks, say.

I'm just sayin'...

The hoser threat

David Neiwert has a very good point:
Why, if post-9/11 border security is such a suddenly serious concern, aren't we sending the Guard to the Canadian border? -- It is, after all our longest and most porous border, and its many open spots do not entail dangerous and potentially lethal desert crossings. Perhaps more to the point, the one terrorist who did try to sneak into the USA with explosives as part of a plot to attack a major metropolitan area was caught on the Canadian border.

Perfectly legal

In case you were wondering how the government could legally try to gain access to the phone records of members of the media, the mystery has been solved. It turns out they are using a provision of the PATRIOT act that allows them to gather phone records in of possible terrists.

Oops, my mistake, the law allows them to gather these records to search for the recipients of leaks.
Officials say that means that phone records of reporters will be sought if government records are not sufficient.

Officials say the FBI makes extensive use of a new provision of the Patriot Act which allows agents to seek information with what are called National Security Letters (NSL).

The NSLs are a version of an administrative subpoena and are not signed by a judge. Under the law, a phone company receiving a NSL for phone records must provide them and may not divulge to the customer that the records have been given to the government.
I believe the old school called that a "witch hunt."

Pseudo-trends

One of the things that I find hard to quantify, but just kind of sense are these "trends," that usually are the work of some PR campaign. They get sprinkled around in all these various newspapers, but are more like "seeded." It's hard to see the pattern without doing some serious Nexis'ing, so that's why I say it's hard to quantify.

So I'll probably just declare a pseudo-trend, and leave it up to the reader to do the homework.

The latest psuedo-trend is "the Internet is about to blow up!" Since the Internets are about to explode, we should let the telecoms do whatever it takes to protect their ability to deliver our pornography in HD. Needless to say, it usually entails dropping a lot of regulatory hurdles that are currently being protected under the general rubric of "net neutrality."

Here's an example:

Too many video files could choke Internet

Step 1: Gin up a crisis:
You may be up for it, but is the Internet? The answer from the major Internet service providers, the telephone and cable companies, is "no." Small clips are fine, but TV-quality and especially high-definition programming could make the Internet choke.

...if the customer starts watching Internet TV like the average household watches regular TV, 8 hours a day, BellSouth's cost would go up to $112 a month, according to Kafka.
Step 2: Propose a solution:
To deal with that, Kafka said says BellSouth might put caps on the amount of data that a residential user gets for free, and charge extra if the user goes over, much like cell phone users pay overages. Other options include charging content providers extra for guaranteed delivery, the kind of model that has raised the hackles of Internet content providers and activists.
To Mr. Svensson's credit, he does give the last word to those "content providers and activists":
[Editor of the DSL Prime newsletter Dave] Burstein believes the danger of letting the carriers charge extra for guaranteed delivery is that they'll put the spending for upgrades into creating that extra "toll lane," and won't reduce oversubscription in the rest of the network even though it would be cheap to do so.
Close enough, I guess...

Government is spying on the press

We already suspected as much, but ABC News is now reporting that two of their reporters were warned by a government official to "get some new cell phones, quick."
Other sources have told us that phone calls and contacts by reporters for ABC News, along with the New York Times and the Washington Post, are being examined as part of a widespread CIA leak investigation.

One former official was asked to sign a document stating he was not a confidential source for New York Times reporter James Risen.

Our reports on the CIA's secret prisons in Romania and Poland were known to have upset CIA officials. The CIA asked for an FBI investigation of leaks of classified information following those reports.

People questioned by the FBI about leaks of intelligence information say the CIA was also disturbed by ABC News reports that revealed the use of CIA predator missiles inside Pakistan.
Or they could be trying to scare off potential leakers and their press contacts. In either case, it is yet another chilling reminder that our government really is out of control.

Sunday, May 14, 2006

What are you up to Mr. Bush?

It appears the Bush machinery has been whirring non-stop all weekend to hammer, nay "cobble" together the solution to our all-consuming border problem. Isn't it great to know that these things can be worked out in a weekend, what with all the consulting Congress and frinkle-hey.

But the question no one is asking, is what's the goddamned hurry? Yes, I realize that we have to have this all set up for Bush's big fireside chat on Monday night, but why does it have to be Monday night? When did rounding up illegals suddenly become crisis #1?

What is it that is going to happen on Monday, that everyone will stop talking about at 8:01PM Eastern Monday night?

Update: Amidst all the cobbling and burning of midnight oil, somebody forgot to warn our southern neighbor to not be alarmed at sound of National Guard boots stomping around down there. Vicente Fox had to call the President to find out what's going on.

On character

Orcinus and tristero both have very interesting discussions about the Preznit's character (or lack thereof). They both reference a Gail Sheehy article from right before the 2000 elections.

I didn't need Gail Sheehy to tell me the guy was a turd, but I guess back then some people had to hear it from Vanity Fair before they'd believe their own eyes. Too bad not enough of them read it, or took her seriously enough to vote for someone else.

Anonymous officials

I really don't get how this stuff works.

So, I'm reading this article from Knight-Ridder reporters Ron Hutcheson and Drew Brown where they cite an "anonymous official" who is helping to give everybody an idea of how many National Guardsmen the President plans to deploy to "protect" the border:

A senior administration official, who insisted on anonymity to discuss the still-evolving White House plan, said that Bush would propose ways to plug security gaps until thousands of new border patrol agents can be hired and trained. The Senate bill calls for hiring 4,000 additional border patrol agents and 10,000 more immigration enforcement officers over the next five years.

The White House plan is to use National Guard troops, contract workers or local law enforcement officials in support jobs so that border patrol agents can focus on apprehending illegal immigrants.

The official disputed speculation that Bush would call for the deployment of 10,000 soldiers.

"The numbers are fluid right now. It will be in the thousands, but not that high," the official said. "There's a lot of different ways they can help without having to do the actual apprehension."
Then I find this in an article from Nedra Pickler discussing the big plans:
A White House official said Bush would propose using troops as a stopgap measure while the Border Patrol builds up its resources. The troops would play a supportive role to Border Patrol agents, who would maintain primary responsibility for physically guarding the border.

The official spoke on a condition of anonymity before the address Monday at 8 p.m. EST. The official would not say how many troops Bush wanted to use, except that it would be in the thousands but less than an estimate of as many as 10,000 being discussed at the Pentagon.
So, do these guys all and stand in a room with some "official," who tells them what to write, but won't let them identify him or her? Why? Obviously, this isn't some secret meeting at Starbucks—we're talking up to 3 reporters all getting the exact same story.
Or worse, is Pickler cribbing from the earlier KR story?

Running the playbook

So the President is going down to Arizona on Thursday to trumpet his stil double-super-secret plan to "beef up" border security.

I wonder what he'll be doing down there...

New York Sun (4/24/06)
One important element of the scheme, according to the magazine, is to emphasize the president's views on immigration. While Mr. Bolten does not think his support for a guest worker program is popular, he intends to highlight instead the president's policy to get tough with illegal immigrants by pressing for more funds for Mexican border patrols and he intends to use the new recruits and new hardware as a backdrop for press photo opportunities.

"Think of the visuals," an anonymous Time source, who is reportedly a proponent of the plan, says. "He can go down to the border and meet with a bunch of guys and go ride around on an ATV." The magazine reports that Mr. Bolten is aware that the disadvantage to this element of the revamp of the president's image is that it will discourage Hispanic voters from supporting the Republicans.

Video from the alternate universe

the one where Gore is President.

Crooks and Liars has the Gore's SNL monologue.