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Friday, July 10, 2009

Broken Promises: Health Care Deals Struck in Secrecy


Obama Campaign Vow of Public Debate on Health Care Fading

by David Lightman and Margaret Talev

WASHINGTON - Campaigning for president, Barack Obama said repeatedly that any overhaul of the health care system should be negotiated publicly and televised for all to see. Throughout this year's negotiations, however, the big deals have been struck in secret.

[Thousands rallied outside the Capitol to show their support for revamping the nation's health care system, June 25, 2009, in Washington, D.C. (Andrew Councill / MCT)]Thousands rallied outside the Capitol to show their support for revamping the nation's health care system, June 25, 2009, in Washington, D.C. (Andrew Councill / MCT)
With tax increases and limits on what's covered among the possible ways of offsetting perhaps $1 trillion over a decade in expenses, neither the administration nor Congress is willing to give up its right to do the most sensitive talking in private, as it's always been done.

"It's unrealistic to think every aspect of the negotiations is going to be public," said Senate Assistant Majority Leader Richard Durbin, D-Ill.

White House Press Secretary Robert Gibbs, traveling with Obama in L'Aquila, Italy, said Thursday that "this president has demonstrated more transparency than any president." He said that Obama had participated in multiple town-hall meetings with doctors, nurses and providers to discuss revamping health care.

"I don't think the president intimated that every decision putting together a health care bill would be on public TV," Gibbs said.

The notion of televising negotiations behind a health care revamp was so central to Obama's campaign promises of change and openness, however, that it became part of his stump speech as he traveled the country in 2007 and 2008.

He'd describe how televised deliberations would take place around a big table, with seats filled by doctors, nurses, insurers and other interested parties. As president, he'd joke, he'd get the biggest chair.

"Not negotiating behind closed doors, but bringing all parties together and broadcasting those negotiations on C-SPAN," Obama explained in a Democratic debate in Los Angeles in January 2008, in language similar to many of his campaign stops.

However, the two biggest deals so far - industry agreements to cut drug and hospital costs - were reached in secret.

"They were private, yes," said Senate Finance Committee Chairman Max Baucus, D-Mont., a key participant in the process.

C-SPAN, the cable public-policy network, did carry a White House Forum on Health Reform in early March in which the president spoke and participants fanned into working groups.

That was a kickoff event, however, not a negotiation. C-SPAN spokesman John Cardarelli said that beyond that, "There hasn't been a collaborative effort of coordination of coverage of 'special events.' " The decisions about what to air are made independently on a case-by-case basis, he said.

The Senate Health, Education, Labor and Pensions Committee's bill-writing sessions, which began about three weeks ago, have been open, and various committees and subcommittees have had dozens of public hearings.

The private sessions continue, however.

Four Senate Republicans met for an hour and a half Wednesday to discuss health care with Senate Majority Leader Harry Reid, D-Nev. Separately, Sens. Olympia Snowe, R-Maine, and John Kerry, D-Mass., have been in intense discussions. White House Chief of Staff Rahm Emanuel and Office of Health Reform director Nancy-Ann DeParle are in constant, private contact with key players.

The House of Representatives could vote on a plan before the August recess. The Senate is poised for a longer debate. Assuming they pass differing plans, any final product would emerge from a conference committee, whose negotiations typically offer even less public scrutiny.

Lawmakers, health care interests and public policy experts acknowledge that Obama's campaign vision hasn't exactly come to pass.

"Sometimes for people to say what's really on their mind, it helps to do it outside the public eye," said Senate Finance Committee member Thomas Carper, D-Del. "Could the process be more transparent? I suppose it could be."

The health care negotiations are "no different from any other negotiation over the years when deals are struck quietly," said Sen. Judd Gregg of New Hampshire, the top Republican on the Senate Budget Committee and a member of the health committee.

Some experts said that Obama's decision, once in office, to ask Congress to write the legislation rather than repeat the Clinton administration's failed approach in 1993 of writing its own bill and delivering it to Capitol Hill meant that the president was relinquishing control of how public the process would be.

They said that despite all the private talks involved in this year's effort, it was still far more open than others had been, including the Clinton plan.

"I think it's been as open as it can be given the way things work around here," said William A. Galston, a former policy adviser to President Bill Clinton who's now affiliated with the center-left Brookings Institution, a research center.

In contrast, Galston said, the Clinton health care task force was "a systematically insulated process. We had hundreds of participants on the inside, but it was not a process that was designed to be open to public scrutiny during the actual drafting. What's happened now is significantly more public."

Last month, Baucus and the pharmaceutical industry announced on a Saturday afternoon that they'd reached a deal to cut drug costs for elderly people. The White House gave the talks "its blessing," said Ken Johnson, a senior vice president at the Pharmaceutical Research and Manufacturers of America. "The average person doesn't understand our business model."

Vice President Joe Biden formally announced another deal Wednesday, in which leading hospital groups would accept $155 billion in cuts to government programs. Biden and the hospital executives who flanked him declined to take questions from reporters.

One participant who agreed to talk later, Sister Carol Keehan, the president and CEO of the Catholic Health Association of the United States, said that her group had been in "constant conversation" with policymakers, which had "accelerated in the last month."

In May, two Senate committees, Finance and Commerce, held three days of closed-door meetings to discuss health care legislation. One of the meetings lasted eight hours, and participants said that no agreement was reached on the biggest controversy, a public-insurance option.

Committee members said this week that none of these deals or meetings violated the spirit of transparency.

In a twist, the post-campaign version of Obama's grass-roots group, Organizing for America, now controlled by the Democratic National Committee, sent an e-mail this week to supporters asking them to call their lawmakers and urge them to back Obama's concept of health care restructuring.

"The behind-the-scenes committee negotiations aren't front page news," the e-mail said, but warned that "as we speak, key committees in Congress are weighing options and making final decisions about how to tackle health care reform. This could be one of the last opportunities to shape the legislation before it's written."

(Steven Thomma contributed to this report from L'Aquila, Italy.)

Sunday, July 5, 2009

Obama Continues to Support Right-Wing Thug in Colombia Who DID Change Constitution to Stay in Power





Alvaro Uribe could be re-elected through just the type of referendum the ousted Manuel Zelaya has been accused of trying to carry out.

With all eyes suddenly on Honduras over the expulsion of President Manuel Zelaya, few were paying attention when President Barack Obama quietly met with Colombian president and staunch U.S. ally Alvaro Uribe this week.

Protests over the coup in Tegucigalpa were met with spurious claims that the left-leaning "Mel" Zelaya was seeking an illegal re-election bid through a revamping of the Honduran Constitution. Meanwhile, at the White House, Uribe found himself dodging questions about re-election plans of his own.

Uribe knows something about changing a constitution to stay in office. In 2004, his powerful supporters in the Colombian Congress passed legislation to amend the 1991 constitution in order to allow the popular president to seek a second four-year term. Though controversial, the new law was upheld by the country's Supreme Court, and in 2006, Uribe won the presidential election in a landslide.

Now, Uribe is poised to do it again. While he has acted coy and evasive when asked whether he wants to extend his presidency -- a political cartoon in the weekly Semana recently showed Uribe calling a third term "inconvenient" while adding "but if the pueblodemands it, I will sacrifice myself" -- his allies in Congress have been working to pass legislation to grant him a third presidential run, through just the type of voter referendum Zelaya has been inaccurately accused of trying to carry out. The referendum would ask Colombians to vote on yet another constitutional amendment to allow presidents to run for a third term. Given Uribe's overwhelming approval rating, such a measure could turn out well for him.

It's an alarming prospect. Since Uribe's first re-election, reports have surfaced that members of Congress were bribed by his administration to vote for his re-election bid. The accusations add to a mind-boggling litany of charges against Uribe, whose government has been linked to right-wing paramilitaries for years -- and whose military continues to kill innocent civilians and then dress up their corpses as FARC guerillas.

Add to that a series of intelligence scandals -- including a wiretapping probe targeting politicians and journalists -- and one would think it might be time to distance the U.S. from the man George W. Bush liked to call "mi amigo."

Yet Obama greeted Uribe warmly at the White House this week, praising him for his "diligence and courage" and speaking optimistically about the passage of a free trade agreement -- a measure presidential-candidate Obama opposed on human rights grounds.

When a journalist asked about Uribe's potential re-election bid, Obama was diplomatic. "We know that our experience in the United States is that two terms works for us," he said, adding that he had advised Uribe that one of our "most revered" presidents, George Washington, had stepped down after two terms, despite being in a position to stay in power. But, he added, "each country, I think, has to make these decisions on their own."

For his part, Uribe assured reporters that "our democratic institutions are totally solid," at which point Obama added, to some laughter:

"… The other thing I should say is that if I were to serve two terms, I'm fairly confident that I would not have the 70 percent approval rating that President Uribe has."

With Zelaya in Washington this week, there are calls for the Obama administration to cut off aid to Honduras as a way to pressure the newly installed Roberto Micheletti to return him to power. (Currently, the State Department has requested $68.2 million in aid for fiscal year 2010 -- an increase of $25 million from this year -- for military, development and health aid.) For Honduras, the second- or third-poorest nation in the Western hemisphere, the impact would be severe.

Colombia, meanwhile, has for years been the largest recipient of U.S. aid in the region -- $6 billion, mostly thanks to the "war on drugs." While the Obama administration has spoken of scaling back military dollars in favor of development funds, Obama's meeting with Uribe this week inspired little confidence that any future aid will be contingent on a real improvement on Colombia's human rights record.

"I commended President Uribe on the progress that has been made in human rights in Colombia and dealing with the killings of labor leaders there," Obama said on Monday. In reality, a report by the International Trade Union Confederation this month shows that "Colombia remains the world's deadliest country for labor organizers, with 49 killed last year, up from 39 in 2007 but down from 78 in 2006," according to the Associated Press.

While the Obama administration is right to consider denying economic aid to the coup government in Honduras, the crimes and human rights violations in Colombia under Uribe should have sparked such action years ago.

As Uribe's allies in Bogota continue to pave the way toward a third presidential term, the Obama administration would do well to stop praising him and reconsider who, exactly, its allies should be in Latin America.








Obama Urges Groups to Stop Attacks


Obama Urges Groups to Stop Attacks

Advocates Should Turn Attention to Promoting Legislation, President Says

Washington Post Staff Writer
Saturday, July 4, 2009

President Obama, strategizing yesterday with congressional leaders about health-care reform, complained that liberal advocacy groups ought to drop their attacks on Democratic lawmakers and devote their energy to promoting passage of comprehensive legislation.

In a pre-holiday call with half a dozen top House and Senate Democrats, Obama expressed his concern over advertisements and online campaigns targeting moderate Democrats, whom they criticize for not being fully devoted to "true" health-care reform.

"We shouldn't be focusing resources on each other," Obama opined in the call, according to three sources who participated in or listened to the conversation. "We ought to be focused on winning this debate."

Specifically, Obama said he is hoping left-leaning organizations that worked on his behalf in the presidential campaign will now rally support for "advancing legislation" that fulfills his goal of expanding coverage, controlling rising costs and modernizing the health system.

In the call, leaders of both chambers expressed optimism that they will hold floor votes on legislation to overhaul the $2.2 trillion health system before Congress breaks in early August.

For his part, the president vowed to use his strong approval rating with voters to continue making the case for sweeping reform, according to one congressional staffer with knowledge of the conversation. Obama also hinted that efforts are under way to discourage allies from future attacks on Democrats, according to the source, who did not have permission to speak on the record about the discussion.

The White House had no comment on the president's call.

In recent weeks, liberal bloggers and grass-roots groups such as MoveOn.org, Democracy for America, Service Employees International Union and Progressive Change Campaign Committee have targeted Democratic Sens. Ben Nelson (Neb.), Mary Landrieu (La.), Arlen Specter (Pa.), Ron Wyden (Ore.) and Dianne Feinstein (Calif.).

A fundraising video produced by Democracy for America suggests Landrieu is a "sellout" because she has received $1.6 million in campaign contributions from the health-care industry and has yet to endorse the concept of a government-run health insurance plan to compete against the private companies. The public-option concept, which Obama supports, has become a litmus test for many pro-reform activists who accuse the insurance industry of failing to deliver affordable, accessible care.

"Tell Senator Landrieu to support the people of Louisiana, not insurance companies," the spot concludes.

Founded by former Vermont governor Howard Dean, Democracy for America argues that inclusion of a Medicare-style public option in health-care legislation is "non-negotiable."

MoveOn, a Web-based political action committee that works to elect "progressive" leaders, intended to run commercials over the Fourth of July holiday criticizing Sen. Kay Hagan (D-N.C.) for her silence on the public option. But after she endorsed legislation crafted by Democratic colleagues on the Senate Committee on Health, Education, Labor and Pensions that includes that provision, the group dropped its plans.

"This measure is the heart of health-care reform and is supported by MoveOn's 5 million members, as well as the majority of the American people," said MoveOn's executive director, Justin Ruben. "With the support of legislators like Senator Hagan, we can come closer to our goal of making quality health insurance accessible and affordable for everyone."

Health Care for American Now, a labor-based coalition of 1,000 groups, has organized a petition pressuring Feinstein to support legislation that includes a public option.

"We need a senator who is championing, not nay saying, the need for reform," the petition says. "We're hoping Sen. Feinstein becomes a 'champion' for the people of California and stands up for President Obama's health reform."

Richard Kirsch, who runs the coalition, said most of the group's ads are educational or focused generally on the need for broad-based change.

"We've been promoting reform and yes, asking members of the public to contact their senators," he said yesterday. "It's all in support of reform."

Feinstein said in an interview last week that she does support health reform but has concerns about the cost of legislation and the impact on her home state. She discounted the attacks as unhelpful and counterproductive.

Obama was joined on the call with lawmakers by White House health czar Nancy-Ann DeParle, though he led most of the conversation. DeParle and White House deputy chief of staff Jim Messina have been in intense negotiations with hospital representatives in the hope of extracting guaranteed spending reductions from the industry.

Friday, July 3, 2009

Barack Obama is a Big Fat Liar


Friday, July 3, 2009

Barack Obama is a Big Fat Liar


nationalreview online


'Barack Obama is a Big Fat Liar,' Illustrated [Guy Benson]

During President Obama's "townhall" event on healthcare reform earlier this week, the pesky subject of taxing employer-based benefits again reared its head. It's a policy proposal for which Obama savaged John McCain during the campaign. As Jim Geraghty reminds us in "Barack Obama is a Big Fat Liar," Team Obama spent $44 million on more than a dozen ads specifically denouncing McCain's supposedly reckless idea in the fall. But now the White House — desperate for revenue — seems to be changing its tune:

In early October [Obama] went even further, calling McCain’s plan “so radical, so out of touch with what you’re facing, and so out of line with our basic values.”

On Capitol Hill, however, Democrats have long liked the idea as a new form of tax revenue. Obama’s relentless denunciation of the proposal would seem to preclude his signing it into law, but “would seem to” is not “does.” Back in March, White House budget director Peter Orszag said taxing employer benefits was among several ideas that “most firmly should remain on the table,” and some congressional Democrats told the Washington Post that White House officials said Obama would accept such a tax “as long as he didn’t have to propose it himself.”

Finally, during Wednesday’s p.r. push for his health-care plan, Obama refused to rule out the proposal that he once said made John McCain unfit for office.

I went back and found a number of the ads Obama ran against McCain on this front. The impending expiration of this particular campaign promise is especially galling when one actually views the ads themselves — bearing in mind that the risky, out-of-touch, unaffordable, deal-breaking healthcare policies these ads ruthlessly targeted are now on the brink of being embraced by their one-time chief critic. Marvel:

OBAMA'S APPALACHIAN APOCALYPSE NOW


A President Breaks Hearts in Appalachia

by Robert F. Kennedy Jr.

Mountaintop removal coal mining is the worst environmental tragedy in American history. When will the Obama administration finally stop this Appalachian apocalypse?

If ever an issue deserved President Obama's promise of change, this is it. Mining syndicates are detonating 2,500 tons of explosives each day -- the equivalent of a Hiroshima bomb weekly -- to blow up Appalachia's mountains and extract sub-surface coal seams. They have demolished 500 mountains -- encompassing about a million acres -- buried hundreds of valley streams under tons of rubble, poisoned and uprooted countless communities, and caused widespread contamination to the region's air and water. On this continent, only Appalachia's rich woodlands survived the Pleistocene ice ages that turned the rest of North America into a treeless tundra. King Coal is now accomplishing what the glaciers could not -- obliterating the hemisphere's oldest, most biologically dense and diverse forests. Highly mechanized processes allow giant machines to flatten in months mountains older than the Himalayas -- while employing fewer workers for far less time than other types of mining. The coal industry's promise to restore the desolate wastelands is a cruel joke, and the industry's fallback position, that the flattened landscapes will provide space for economic development, is the weak punchline. America adores its Adirondacks and reveres the Rockies, while the Appalachian Mountains -- with their impoverished and alienated population -- are dismantled by coal moguls who dominate state politics and have little to prevent them from blasting the physical landscape to smithereens.

Obama promised science-based policies that would save what remains of Appalachia, but last month senior administration officials finally weighed in with a mixture of strong words and weak action that broke hearts across the region. The modest measures federal bureaucrats promised amount to little more than a tepid pledge of better enforcement of existing laws.

And government claims of doing everything possible to halt the holocaust are simply not true. George Bush gutted Clean Water Act protections. Obama must restore them.

First, the White House should fix the "fill" rule the Bush administration adopted in 2002 to allow coal companies to use streams as waste dumps. Under this perverse interpretation of the Clean Water Act, 2,000 miles of Appalachian streams have been interred under mining waste. Obama could reverse the "fill" rule to reflect its original meaning, which forbids waste matter from being dumped into waterways.

Second, the Interior Department should strictly enforce the widely ignored "buffer zone" rule that forbids dumping waste within 100 feet of intermittent or perennial streams.

Third, our laws require companies to restore mined areas to their original condition. The administration should end the absurd fiction that extraction pits filled with unconsolidated rocks and rubble where trees will never grow and streams will never flow are "reclaimed."

Fourth, current law forbids the issuance of "fill" permits that will cause "significant degradation" to waterways. It is absurd for the Army Corps of Engineers to endorse the canard that filling miles of streams is not causing significant degradation. The president should require the Corps to deny and rescind permits where operations will cause downstream damage.

Fifth, the Clean Water Act requires mining operators to prove that they can restore the "function and structure" of affected streams. Operators have never been compelled to make the functional or structural analyses of the aquatic ecosystem required by the act. Obama should order his officials to stop ignoring this requirement.

Sixth, the administration should enforce the law requiring an environmental impact study for each permit when a mine "may have significant environmental impacts," individually or cumulatively. The Corps of Engineers routinely allows coal operators to escape this mandate -- an illegal practice that should stop.

Instead of acting to enforce these laws, administration officials indicated last month that they will allow more than 100 permits to go forward while they carefully review their regulatory options. If they act accordingly, the ruined landscapes of Appalachia will be Obama's legacy.

President Obama should go to Appalachia and see mountaintop removal. My father visited Appalachia in 1966 and was so horrified by strip mining -- then in its infancy -- that he made it a key priority of his political agenda. He complained that Appalachia, with our nation's richest natural resources, was home to America's poorest populations, its worst education system, and its highest illiteracy and unemployment rates. These statistics are even grimmer today as mining saps state wealth. In 1966, 46,000 West Virginia miners were collecting salaries and pensions and reinvesting in their communities. Mechanization has shrunk that number to fewer than 11,000. They extract more coal annually, but virtually all the profits leave the state for Wall Street.

The coal industry provides only 2 percent of the jobs in Central Appalachia. Wal-Mart employs more people than the coal companies in West Virginia. Last week a major study documented how coal imposes a net cost to Kentucky of more than $100 million per year. Coal is not an economic engine in the coalfields. It is an extraction engine.

Obama has the authority to end mountaintop removal, without further action from Congress and without formal rulemaking. He just needs to make the coal barons obey the law.

About Face: Obama to Proceed with Bush-Era Cybersecurity Plan

Cybersecurity Plan to Involve NSA, Telecoms

DHS Officials Debating The Privacy Implications

by Ellen Nakashima

The Obama administration will proceed with a Bush-era plan to use National Security Agency assistance in screening government computer traffic on private-sector networks, with AT&T as the likely test site, according to three current and former government officials.

President Obama said in May that government efforts to protect computer systems from attack would not involve "monitoring private-sector networks or Internet traffic," and Department of Homeland Security officials say the new program will scrutinize only data going to or from government systems.

But the program has provoked debate within DHS, the officials said, because of uncertainty about whether private data can be shielded from unauthorized scrutiny, how much of a role NSA should play and whether the agency's involvement in warrantless wiretapping during George W. Bush's presidency would draw controversy. Each time a private citizen visited a "dot-gov" Web site or sent an e-mail to a civilian government employee, that action would be screened for potential harm to the network.

"We absolutely intend to use the technical resources, the substantial ones, that NSA has. But . . . they will be guided, led and in a sense directed by the people we have at the Department of Homeland Security," the department's secretary, Janet Napolitano, told reporters in a discussion about cybersecurity efforts.

Under a classified pilot program approved during the Bush administration, NSA data and hardware would be used to protect the networks of some civilian government agencies. Part of an initiative known as Einstein 3, the plan called for telecommunications companies to route the Internet traffic of civilian agencies through a monitoring box that would search for and block computer codes designed to penetrate or otherwise compromise networks.

AT&T, the world's largest telecommunications firm, was the Bush administration's choice to participate in the test, which has been delayed for months as the Obama administration determines what elements to preserve, former government officials said. The pilot program was to have begun in February.

"To be clear, Einstein 3 development is proceeding," DHS spokeswoman Amy Kudwa said. "We are moving forward in a way that protects privacy and civil liberties."

AT&T officials declined to comment.

A DHS official said the delay occurred because the original timeline "did not take into account all that was required to ensure the exercise would provide the data needed."

The program is the most controversial element of the $17 billion cybersecurity initiative the Bush administration started in January 2008. Einstein 3 is crucial, advocates say, in an era in which hackers have compromised computer systems at the Commerce and State departments and have taken military jet data from a defense contractor.

The NSA declined to comment on Einstein 3, but a spokeswoman said the agency would help DHS in "any way possible, including technical support," as it seeks to protect government networks.

The internal controversy reflects the central tension in the debate over how best to defend the nation's mostly private system of computer networks. The techniques that work best, experts say, require the automated scrutiny of e-mail and other electronic communications content -- something that commercial providers already do.

Proponents of involving the government said such efforts should harness the NSA's resources, especially its database of computer codes, or signatures, that have been linked to cyberattacks or known adversaries. The NSA has compiled the cache by, for example, electronically observing hackers trying to gain access to U.S. military systems, the officials said.

"That's the secret sauce," one official said. "It's the stuff they have that the private sector doesn't."

But it is also the prospect of NSA involvement in cybersecurity that fuels concerns about unwarranted government snooping into private communication.

"The bitter battles over privacy and NSA's role in domestic wiretapping hang over cybersecurity like a toxic cloud," said Stewart A. Baker, who was assistant secretary of homeland security under Bush.

AT&T was sued over its role in aiding the Bush-era counterterrorism program to intercept Americans' e-mails and phone calls without a warrant. It is seeking legal assurance that it will not be sued for participating in the pilot program. That legal certification has been held up for several months as DHS prepares a contract, several current and former officials said.

Einstein's promise, they said, is that it can more effectively detect malicious activity and disable intrusions before harm is done to civilian government networks.

"Intrusion detection is like a cop with a radar gun on a highway who catches you speeding or drunk and phones ahead to somebody at the other end," Michael Chertoff, former homeland security secretary, said in a recent interview. "Einstein 3 is a cop who actually arrests you and pulls you off the road when he sees you driving drunk."

The pilot program has two goals. The first is to prove that the telecommunications firm can route only traffic destined for federal civilian agencies through the monitoring system. The second is to test whether the technology can work effectively on civilian government networks. The sensor box would scan e-mail messages and other content just before they enter the civilian agency networks.

The classified NSA system, known as Tutelage, has the ability to decide how to handle malicious intrusions -- to block them or watch them closely to better assess the threat, sources said. It is currently used to defend military networks.

The database for the program would also contain feeds from commercial firms and DHS's U.S. Computer Emergency Readiness Team, administration officials said.

"We're looking for malicious content, not a love note to someone with a dot-gov e-mail address," a senior Bush administration official said. "What we're interested in is finding the code, the thing that will do the network harm, not reading the e-mail itself."

Ari Schwartz, a vice president of the Center for Democracy and Technology, was among a group of privacy advocates given a classified briefing in March on the Einstein program. The advocates wanted to ensure that officials had a plan to protect privacy and civil liberties, including shielding such personally identifying data as Internet protocol addresses.

"We came away saying they have a lot of work in front of them to get this done right," Schwartz said. "We're looking forward to their next steps."

Bush administration lawyers determined last year that DHS had the legal authority to conduct the Einstein program, and could do so in compliance with existing wiretap and privacy laws, as long as appropriate policies were in place.

Last fall, plans for the pilot were proceeding, former officials said. But in the Bush administration's final weeks, AT&T lawyers raised concerns about legal liability, they said. Then-Attorney General Michael B. Mukasey was willing to give AT&T written assurance that it would bear no liability for participating in the program, but both AT&T and the Justice Department agreed that the new administration should issue the certification, they said.

"They just wanted to make sure the certification would not be reversed by the next administration," a Bush administration official said.

In hindsight, Baker said, the Bush White House's decision to classify so much of its initiative was a mistake.

"It meant that the problem was not well understood," said Baker, who was NSA general counsel in the Clinton administration. "The solution was veiled in secrecy in a way that allowed people outside to be suspicious, so anybody who mistrusted the intelligence community could just assume that it was because they were doing something that they shouldn't be doing."

Staff writers Spencer S. Hsu and Carrie Johnson contributed to this report.

Thursday, July 2, 2009

Obama’s Financial Regulation Plan Designed to Fail


Published on Thursday, July 2, 2009 by Corporate Crime Reporter

Obama’s Financial Regulation Plan Doomed to Fail

According to Law and Economics, Professor William K. Black, You Need a Criminal Mind to Take Down a Criminal Entrerprise

by Corporate Crime Reporter

President Obama’s financial regulation proposal is doomed to fail.

Why?

Because it was developed by people who don’t believe in regulation.

That’s the take of William K. Black, a profess of law and economics at the University of Missouri-Kansas City.

Black believes that the only way to prevent future financial meltdowns is to have in place a regulatory system and prosecutorial system developed by people with a proven track record.

People like Michael Patriarca. And William Black

First thing Black would do?

Implant at every financial regulator an office of the chief criminologist.

“If you look at the largest single area of losses in banks – it has been control fraud,” Black told Corporate Crime Reporter last week. “But of course, institutionally, none of these financial regulatory agencies are set up well to even spot or stop these kinds of fraud. They don’t have the training, they don’t have the background, they don’t have institutional structures that focus on the criminality.”

“So, you would institutionalize. You put in place someone who knows about fraud, the literature about crime and criminology. They need to think, before they deregulate, whether they are producing what we refer to as a criminogenic environment – an environment that is going to produce widespread crime.”

There are currently nineteen banks that the government says are too big to fail. Black would reduce that number to zero – by shrinking their size.

He would also beef up financial enforcement units across the country – and rehire the 500 FBI white collar agents who were shifted over to work national security cases post-911.

And he would send them undercover into troubled banks.

“Once you get in, you are going to discover literally on day one that the underwriting has been removed,” Black said. “You are going to discover no later than day two that the internal controls are gone and that indeed people get in trouble for saying no to bad loans. By week one, you will have identified several people who used to work at six other big places. That’s how this industry worked. And they will tell you the names – oh yeah, Fred is the disastrous CFO over there.”

Black would also turn the executive compensation system on hits head.

“You say – you can’t get paid except on the basis of long term performance,” Black said. “You can get your $200,000 a year. And then you show us you produce the long term performance. And you show us that the long term performance gains were due to your efforts, as opposed to everyone in the same industry producing the same results.”

[For a complete transcript of the Interview with William K. Black, see 23 Corporate Crime Reporter 26(13), June 29, 2009, print edition only.]

Wednesday, July 1, 2009

Getting Laid-Off May Lead to Early Death -- But There Are Ways to Cushion the Severe Health Impact of Job Loss



Health & Wellness

Getting Laid-Off May Lead to Early Death -- But There Are Ways to Cushion the Severe Health Impact of Job Loss

By Tom Jacobs, Miller-McCune.com. Posted July 1, 2009.

Studies show that the current economic climate may be eroding months or even years from the lives of those on the bleeding edge of insecurity.

When you lose your job, with no prospect of finding another one quickly, you give up a lot more than income. You are deprived of a sense of security, a source of self-esteem, a certain status in the community. And, according to recent research, you also lose something even more precious: a year or more of your life.

That's the conclusion of two prominent economists, Daniel Sullivan of the Federal Reserve Bank of Chicago and Till von Wachter of Columbia University. Matching death records with employment and earnings data of Pennsylvania workers from the 1970s and '80s, they found mortality rates for high-seniority male workers spike sharply in the year following an involuntary job loss, and they remain surprisingly high two decades later.

If this higher death rate persists into old age, it implies "a loss in life expectancy of 1 to 1.5 years for a worker displaced at age 40," the researchers report. Or as von Wachter puts it more informally: "We were convincingly able to show that if you lose your job, you die earlier."

But the risk of premature death isn't limited to those who have actually been let go. A growing body of research suggests a nagging, persistent fear of losing one's job is also detrimental to one's health. University of Michigan sociologist Sarah Burgard, who has extensively studied the relationship between job loss, job insecurity and health, calls this "the waiting-for-the-other-shoe-to-drop problem." Given the current state of the economy, many people are anxiously awaiting the thud of that falling footwear.

In recent months, official Washington has been consumed by two issues: jobs and the economy, and the cost and availability of health care. But there has been surprisingly little discussion regarding the ways in which they intersect. A series of recent studies not only provide evidence these public-policy problems are interrelated: They also suggest that if, as many fear, long-term job security is largely a thing of the past, the public health consequences could be enormous.

Let us start with the latest research on job loss and health, published just last month in the journal Demography. Kate Strully, a sociologist at the University at Albany, State University of New York, found herself struggling with a question often raised by economists (including von Wachter). The correlation between ill health and job loss has long been established, but how can we know which is the cause and which is the effect? Surely some sick people are laid off because they're physically unable to meet the demands of the job. Does this skew the numbers and cause researchers to come to false conclusions?

To find an answer, Strully examined data from the U.S. Panel Study of Income Dynamics, a nationally representative longitudinal study of American families that includes detailed information on the participants' health and employment. The surveys reported not only if the person had lost a job, but under what circumstances.

This allowed Strully to focus her attention on what she calls "no-fault" job losses -- that is, people who became unemployed when their entire workplace shut down. Examples included factory closings and companies that went out of business. In these cases, literally everyone was let go, making it highly unlikely poor health was a factor in any worker's dismissal.

The workers were interviewed approximately a year and a half following the layoffs. Of those who were still unemployed, close to 9 percent reported developing a new stress-related health condition such as diabetes or hypertension since parting ways with their former employer. This compares to a 5 percent rate among people who reported their job condition was stable. Those who found new employment also had above-average rates of new health problems, although not as high as the long-term unemployed.

Given these figures, "I'm convinced that a large shock to one's socioeconomic status, such as job loss, negatively impacts health," she says.

Burgard, who has done her own research along these lines, agrees. "Job instability is OK for some people, but not for others," she says. "If you're an IT guy and you have a high educational degree, part of being successful is jumping from firm to firm. That's how you increase your income.

"But the type of workers we tend to see here in Michigan, who aren't necessarily highly educated, are facing a really tough road. I think people have been focused on the economic payoff (of a more flexible economy where jobs appear and disappear), but are less aware of the potential costs in terms of worker health."

Economists tend to argue that the flexibility to hire and fire workers as needed ultimately makes the economy more productive, and increases overall wealth. If that's actually true, it would have public health benefits. As healthcare economist Jason Shafrin argued in 2007, the concept of "creative destruction" -- that is, a dynamic economy where innovation leads new companies to rise and old ones to adapt or die -- "has decreased average mortality for individuals all over the world due to rising living standards."

In their latest paper, published in the American Economic Review in May, Sullivan and von Wachter present evidence that cuts both ways. They report the association between income and mortality is far stronger than was thought earlier. If the ever-churning economy produces more higher-paying jobs, those able to land one of them likely will see a positive impact on their health.

But the economists also found workers who lose their jobs -- and cannot find another quickly -- tend to suffer large earnings losses and go through a period of income instability. This is a big concern, since "higher variability of earnings is associated with increased mortality."

"You're looking at two people, both with the same long-term earnings," says von Wachter. "The one with the more volatile earnings dies earlier. Certainly, this is interesting evidence."

Like many economists, von Wachter isn't certain that the public perception that jobs and incomes are less stable than they once were is accurate. But he has no doubt that "sweeping restructuring" is going on in a number of industries, and workers in those sectors are experiencing health-sapping stress.

"This we can say: The large number of people being laid off in this recession will be subject to higher earnings volatility, and that will likely affect their mortality."

This is still more bad news for the former employees of General Motors and Chrysler, but what about workers at, say, Ford? Their company hasn't gone bankrupt, but they're fully aware that the industry is on shaky ground, and there are no guarantees their jobs will exist in a year. Using data from two nationally representative samples -- the Americans' Changing Lives and Midlife in the United States studies -- Burgard and two colleagues looked at people in that precarious situation for a July 2008 Population Studies Center research report.

Their study (to be published later this year in the journal Social Science and Medicine) concluded that "among people who are currently employed, those who have been persistently worried about losing their jobs have significantly worse self-rated overall health than those who haven't been consistently worried." Strikingly, these worried workers "are worse off than people who have had a job loss in the past few years, but are currently re-employed."

That makes perfect sense to psychologist Sheldon Cohen of Carnegie Mellon University, one of the nation's leading researchers on the relationship between stress and disease.

"There is a fair amount of evidence that expecting a major stressor is often worse than the actual occurrence of the stressor," he says. "My understanding is people who lose their jobs and get new ones pretty quickly don't show many of these effects. That's consistent with what we know about stress in general. Generally, the longer the stressor lasts, the greater the risk you are under for various diseases."

Cohen reports there are "two general pathways linking stress to disease-related outcomes. One is the behavioral pathway. We know that under stress, people smoke more, drink more. They don't sleep as well. They don't exercise. They have poorer diets. All of these things can put people at greater risk of disease.

"The other is the physiological pathway. There is considerable evidence that under chronic stress, the immune system does not work the way it should. There's evidence for underresponsivity, where the immune system does not respond adequately to challenges and also for overresponsivitity."

What's the problem with an overly vigilant immune system? In many cases, the body's response to a perceived threat is what causes the symptoms we associate with a disease. "In cold studies, we find people who are under chronic stress, when we expose them to a virus, they're more likely to get sick," Cohen says. "They're producing much more pro-inflammatory cytokine, which is what produces the symptoms of colds."

So expect to hear a lot of sneezing in coming months. But Cohen counters that thought with some good news: The fact job anxiety is so widespread could actually dampen its destructive impact.

"A lot of the experience of stress has to do with challenges to your self-esteem -- that feeling you're not accomplishing what you should be able to accomplish," he says. "Being out of work is a stressful event, irrespective of the reason, but it is buffered a bit by the idea that it's the economy that's at fault -- not the fact I'm incompetent."

Cohen doubts there are any simple public-policy solutions to this particular health facet of the current financial crisis. "There are interventions that can influence aspects of stress in people's lives," he says. "But I'm not sure how effective they're going to be for people who are unemployed. The major stressors that put people at risk are the chronic, enduring problems that are engrained in their lives, and they're the ones least susceptible to interventions."

One obvious response is being considered as part of current the health-care debate in Congress: Finding a way to ensure laid-off workers continue to have health insurance. Under the current system, where most people receive health benefits from their employer, laid-off workers are losing coverage precisely at a time when they are at increased risk of disease.

On the other hand, Strully notes, "Making sure people have health insurance won't negate or undo the health consequences of job loss. In my analysis, it doesn't reduce the effect of job loss that much.

"If people are developing health problems as a result of job loss, being able to continue their health care will certainly impact how well they can manage. So it's definitely a good idea (to find a way to make sure the unemployed are covered). But any intervention is going to have to be more broad and holistic."

Meaning what? "Some combination of income protection and helping people cope with stress in a reasonably healthy way is probably the most practical intervention," she says. "There's a lot of research showing social support -- access to supportive, healthy relationships — is really important in how people cope with stressful events.

"I was exchanging e-mails with a union organizer. He was asking me what that kind of organization could do. I suggested a support group that offers really practical advice, like how to maintain a healthy diet on a budget, could be really helpful. Having a group in which people share and develop ties with people who have gone through similar experiences has the potential to be beneficial."

"All the research suggests the mental health costs are reduced substantially when people return to work," adds Burgard. "You want (as a society) to give people help in finding another job, perhaps retraining, health coverage in the interim. Those are all things our current system doesn't necessarily supply. So from a policy angle, there's a lot we can do.

"Will it be expensive? Probably. Will it be more expensive to pay for medical care when they get sick down the road? That's an open question. We need to think about preventive maintenance. Just telling people to sleep more and buy COBRA won't do it."

See more stories tagged with: labor, health, work, insurance, economy, health care, income, mortality, stress, unemployment, early death, laid-off, job security, unemployment statistics, cobra

Tom Jacobs is a veteran journalist with more than 20 years experience at daily newspapers. He has served as a staff writer for the Los Angeles Daily News and the Santa Barbara News-Press. His work has also appeared in the Los Angeles Times, Chicago Tribune and Ventura County Star.