Archive for the 'critical thought' Category

[via Dare Obasanjo aka Carnage4Life] - Facebook just sucks!

Facebook Beacon is Unfixable

Earlier this week I wrote a blog post which pointed out that the two major privacy and user experience problems with Facebook Beacon where that it (i) linked a user’s Facebook account with an account on another site without the users permission and (ii) there was no way for a user to completely opt out of being tracked by the system. Since then Facebook has announced some changes which TechCrunch named Facebook Beacon 2.0. The changes are excerpted below

Notification

Facebook users will see a notification in the lower right corner of the screen after transacting with a Beacon Affiliate. Options include “No Thanks” that will immediately stop the transaction from being published. Alternatively closing or ignoring the warning won’t immediately publish the story, but it will be put in a queue
beacon2b.jpg

Second Warning

Presuming you’ve ignored or closed the first notification, Facebook warns users again the next time they visit their home page. A new box reminds you that an activity has been sent to Facebook. Like the first notification you can choose to not publish the activity by hitting remove, or you can choose to publish it by hitting ok.

Opt Out
Found via the “External Websites” section of the Facebook Privacy page, this allows users to permanently opt in or out of Beacon notifications, or if you’re not sure be notified. The downside is that there is no global option to opt out of every Beacon affiliated program; it has to be set per program. Better this than nothing I suppose.

The interesting thing to note is that neither of the significant problems with Beacon have been fixed. After the changes were announced there was a post on the CA Security Advisory blog titled Facebook’s Misrepresentation of Beacon’s Threat to Privacy: Tracking users who opt out or are not logged in which pointed out that the complaining about purchase history getting into the news feed of your friends is a red herring, the real problem is that once a site signs up as a Facebook affiliate they begin to share every significant action you take on the site with Facebook without your permission.

Which is worse, your friends knowing that you rented Prison Girls or Facebook finding that out without your permission and sharing that with their business partners, without your permission? Aren’t there laws against this kind of invasion of privacy? I guess there are (see 18 U.S.C. § 2710)

I wonder who’ll be first to sue Facebook and Blockbuster?

Anyway, back to the title of this blog post. The problem with Facebook Beacon is that it is designed in a way that makes it easy for Facebook Beacon affiliates to integrate into their sites at the cost of user’s privacy. From Jay Goldman’s excellent post where he Deconstructed the Facebook Beacon Javascript we learn

Beacon from 10,000 Feet

That basically wraps up our tour of how Beacon does what it does. It’s a fairly long explanation, so here’s a quick summary:

  1. The partner site page includes the beacon.js file, sets a <meta> tag with a name, and then calls Facebook.publish_action.
  2. Facebook.publish_action builds a query_params object and then passes it to Facebook._send_request.
  3. Facebook._send_request dynamically generates an <iframe>which loads the URL http://www.facebook.com/beacon/auth_iframe.php and passes the query_params. At this point, Facebook now knows about the news feed item whether you choose to publish it or not.

When you read this you realize just how insidious the problem actually is. Facebook isn’t simply learning about every action taken by Facebook users on affiliate sites, it is learning about every action taken by every user of these affiliate sites regardless of whether they are Facebook users or not.

At first I assumed that the affiliates sites would call some sort of IsFacebookUser() API and then decide whether to send the action or not. Of course, this is still broken since the affiliate site has told Facebook that you are a user of the site, and depending on the return value of the hypothetical function the affiliate in turn learns that you are a Facebook user.

But no, it is actually worse than that. The affiliate sites are pretty much dumping their entire customer database into Facebook’s lap, FOR FREE and without their customers permission. What. The. Fuck.

The icing on the cake is the following excerpt from the Facebook Beacon page

Stories of a user’s engagement with your site may be displayed in his or her profile and in News Feed. These stories will act as a word-of-mouth promotion for your business and may be seen by friends who are also likely to be interested in your product. You can increase the number of friends who see these stories with Facebook Social Ads.

So after giving Facebook millions of dollars in customer intelligence for free in exchange for spamming their users, Facebook doesn’t even guarantee their affiliates that the spam will even get sent. Instead these sites have to pay Facebook to “increase the chances” that they get some return for the free customer intelligence they just gave Facebook.

This reminds me of the story of Tom Sawyer tricking people into paying him to paint a fence he was supposed to paint as part of his chores.

At the end of the day, Facebook can’t fix the privacy problems I mentioned in my previous post in a way that completely preserves their users privacy without completely changing the design and implementation of Facebook Beacon. Until then, we’ll likely see more misdirection, more red herrings and more violations of user privacy to make a quick buck.

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From Hitler to Pinochet and beyond, history shows there are certain steps that any would-be dictator must take to destroy constitutional freedoms. And, argues Naomi Wolf, George Bush and his administration seem to be taking them all - which is an interesting reflection on a highly undemocratic regime with contempt for human rights and a brutal right-wing agenda. Nevertheless, Wolf does not claim that America has turned fascist; instead she rings a warning bell saying that fascism historically often was preceded by a slow erosion of democracy, which is what is happening in the US right now. Bush’s excesses, the ignorance of the American public and the history of that country’s sickening patriotism and its hunger for wars should certainly make all of us wary - especially with a future ahead of us of seismic global upheavals.

The Guardian
Tuesday April 24, 2007

Last autumn, there was a military coup in Thailand. The leaders of the coup took a number of steps, rather systematically, as if they had a shopping list. In a sense, they did. Within a matter of days, democracy had been closed down: the coup leaders declared martial law, sent armed soldiers into residential areas, took over radio and TV stations, issued restrictions on the press, tightened some limits on travel, and took certain activists into custody.

bush_hitler02.jpgThey were not figuring these things out as they went along. If you look at history, you can see that there is essentially a blueprint for turning an open society into a dictatorship. That blueprint has been used again and again in more and less bloody, more and less terrifying ways. But it is always effective. It is very difficult and arduous to create and sustain a democracy - but history shows that closing one down is much simpler. You simply have to be willing to take the 10 steps. As difficult as this is to contemplate, it is clear, if you are willing to look, that each of these 10 steps has already been initiated today in the United States by the Bush administration.

Because Americans like me were born in freedom, we have a hard time even considering that it is possible for us to become as unfree - domestically - as many other nations. Because we no longer learn much about our rights or our system of government - the task of being aware of the constitution has been outsourced from citizens’ ownership to being the domain of professionals such as lawyers and professors - we scarcely recognise the checks and balances that the founders put in place, even as they are being systematically
dismantled. Because we don’t learn much about European history, the setting up of a department of “homeland” security - remember who else was keen on the word “homeland” - didn’t raise the alarm bells it might have.

It is my argument that, beneath our very noses, George Bush and his administration are using time-tested tactics to close down an open society. It is time for us to be willing to think the unthinkable - as the author and political journalist Joe Conason, has put it, that it can happen here. And that we are further along than we realise.

Conason eloquently warned of the danger of American authoritarianism. I am arguing that we need also to look at the lessons of European and other kinds of fascism to understand the potential seriousness of the events we see unfolding in the US.

1. Invoke a terrifying internal and external enemy

After we were hit on September 11 2001, we were in a state of national shock. Less than six weeks later, on October 26 2001, the USA Patriot Act was passed by a Congress that had little chance to debate it; many said that they scarcely had time to read it. We were told we were now on a “war footing”; we were in a “global war” against a “global caliphate” The-Patriot-Act-Posters.jpgintending to “wipe out civilisation”. There have been other times of crisis in which the US accepted limits on civil liberties, such as during the civil war, when Lincoln declared martial law, and the second world war, when thousands of Japanese-American citizens were interned. But this situation, as Bruce Fein of the American Freedom Agenda notes, is unprecedented: all our other wars had an endpoint, so the pendulum was able to swing back toward freedom; this war is defined as open-ended in time and without national boundaries in space - the globe itself is the battlefield. “This time,” Fein says, “there will be no defined end.”

Creating a terrifying threat - hydra-like, secretive, evil - is an old trick. It can, like Hitler’s invocation of a communist threat to the nation’s security, be based on actual events (one Wisconsin academic has faced calls for his dismissal because he noted, among other things, that the alleged communist arson, the Reichstag fire of February 1933, was swiftly followed in Nazi Germany by passage of the Enabling Act, which replaced constitutional law with an open-ended state of emergency). Or the terrifying threat can be based, like the
National Socialist evocation of the “global conspiracy of world Jewry”, on myth.

It is not that global Islamist terrorism is not a severe danger; of course it is. I am arguing rather that the language used to convey the nature of the threat is different in a country such as Spain - which has also suffered violent terrorist attacks - than it is in America. Spanish citizens know that they face a grave security threat; what we as American citizens believe is that we are potentially threatened with the end of civilisation as we know it. Of course, this makes us more willing to accept restrictions on our freedoms.

2. Create a gulag

Once you have got everyone scared, the next step is to create a prison system outside the rule of law (as Bush put it, he wanted the American detention centre at Guantánamo Bay to be situated in legal “outer space”) - where torture takes place.

At first, the people who are sent there are seen by citizens as outsiders: troublemakers, spies, “enemies of the people” or “criminals”. Initially, citizens tend to support the secret prison system; it makes them feel safer and they do not identify with the prisoners. But soon enough, civil society leaders - opposition members, labour activists, clergy and journalists - are arrested and sent there as well.

gitmodog.jpgThis process took place in fascist shifts or anti-democracy crackdowns ranging from Italy and Germany in the 1920s and 1930s to the Latin American coups of the 1970s and beyond. It is standard practice for closing down an open society or crushing a pro-democracy uprising.

With its jails in Iraq and Afghanistan, and, of course, Guantánamo in Cuba, where detainees are abused, and kept indefinitely without trial and without access to the due process of the law, America certainly has its gulag now. Bush and his allies in Congress recently announced they would issue no information about the secret CIA “black site” prisons throughout the world, which are used to incarcerate people who have been seized off the street.

Gulags in history tend to metastasise, becoming ever larger and more secretive, ever more deadly and formalised. We know from first-hand accounts, photographs, videos and government documents that people, innocent and guilty, have been tortured in the US-run prisons we are aware of and those we can’t investigate adequately.

But Americans still assume this system and detainee abuses involve only scary brown people with whom they don’t generally identify. It was brave of the conservative pundit William Safire to quote the anti-Nazi pastor Martin Niemöller, who had been seized as a political prisoner: “First they came for the Jews.” Most Americans don’t understand yet that the destruction of the rule of law at Guantánamo set a dangerous precedent for them, too.

By the way, the establishment of military tribunals that deny prisoners due process tends to come early on in a fascist shift. Mussolini and Stalin set up such tribunals. On April 24 1934, the Nazis, too, set up the People’s Court, which also bypassed the judicial system: prisoners were held indefinitely, often in isolation, and tortured, without being charged with offences, and were subjected to show trials. Eventually, the Special Courts became a parallel system that put pressure on the regular courts to abandon the rule of law in favour of Nazi ideology when making decisions.

3. Develop a thug caste

When leaders who seek what I call a “fascist shift” want to close down an open society, they send paramilitary groups of scary young men out to terrorise citizens. The Blackshirts roamed the Italian countryside beating up communists; the Brownshirts staged violent rallies throughout Germany. This paramilitary force is especially important in a democracy: you need citizens to fear thug violence and so you need thugs who are free from prosecution.

blackwater.jpgThe years following 9/11 have proved a bonanza for America’s security contractors, with the Bush administration outsourcing areas of work that traditionally fell to the US military. In the process, contracts worth hundreds of millions of dollars have been issued for security work by mercenaries at home and abroad. In Iraq, some of these contract operatives have been accused of involvement in torturing prisoners, harassing journalists and firing on Iraqi civilians. Under Order 17, issued to regulate contractors in Iraq by the one-time US
administrator in Baghdad, Paul Bremer, these contractors are immune from prosecution

Yes, but that is in Iraq, you could argue; however, after Hurricane Katrina, the Department of Homeland Security hired and deployed hundreds of armed private security guards in New Orleans. The investigative journalist Jeremy Scahill interviewed one unnamed guard who reported having fired on unarmed civilians in the city. It was a natural disaster that underlay that episode - but the administration’s endless war on terror means ongoing scope for what are in effect privately contracted armies to take on crisis and emergency management at home in US cities.

Thugs in America? Groups of angry young Republican men, dressed in identical shirts and trousers, menaced poll workers counting the votes in Florida in 2000. If you are reading history, you can imagine that there can be a need for “public order” on the next election day. Say there are protests, or a threat, on the day of an election; history would not rule out the presence of a private security firm at a polling station “to restore public order”.

4. Set up an internal surveillance system

In Mussolini’s Italy, in Nazi Germany, in communist East Germany, in communist China - in every closed society - secret police spy on ordinary people and encourage neighbours to spy on neighbours. The Stasi needed to keep only a minority of East Germans under surveillance to convince a majority that they themselves were being watched.

In 2005 and 2006, when James Risen and Eric Lichtblau wrote in the New York Times about a secret state programme to wiretap citizens’ phones, read their emails and follow international financial transactions, it became clear to ordinary Americans that they, too, could be under state scrutiny.

In closed societies, this surveillance is cast as being about “national security”; the true function is to keep citizens docile and inhibit their activism and dissent.

5. Harass citizens’ groups

The fifth thing you do is related to step four - you infiltrate and harass citizens’ groups. It can be trivial: a church in Pasadena, whose minister preached that Jesus was in favour of peace, found itself being investigated by the Internal Revenue Service, while churches that got Republicans out to vote, which is equally illegal under US tax law, have been left alone.

Other harassment is more serious: the American Civil Liberties Union reports that thousands of ordinary American anti-war, environmental and other groups have been infiltrated by agents: a secret Pentagon database includes more than four dozen peaceful anti-war meetings, rallies or marches by American citizens in its category of 1,500 “suspicious incidents”. The equally secret Counterintelligence Field Activity (Cifa) agency of the Department of Defense has been gathering information about domestic organisations engaged in
peaceful political activities: Cifa is supposed to track “potential terrorist threats” as it watches ordinary US citizen activists. A little-noticed new law has redefined activism such as animal rights protests as “terrorism”. So the definition of “terrorist” slowly expands to include the opposition.

6. Engage in arbitrary detention and release

This scares people. It is a kind of cat-and-mouse game. Nicholas D Kristof and Sheryl WuDunn, the investigative reporters who wrote China Wakes: the Struggle for the Soul of a Rising Power, describe pro-democracy activists in China, such as Wei Jingsheng, being arrested and released many times. In a closing or closed society there is a “list” of dissidents and opposition leaders: you are targeted in this way once you are on the list, and it is hard to get off the list.

In 2004, America’s Transportation Security Administration confirmed that it had a list of passengers who were targeted for security searches or worse if they tried to fly. People who have found themselves on the list? Two middle-aged women peace activists in San Francisco; liberal Senator Edward Kennedy; a member of Venezuela’s government - after Venezuela’s president had criticised Bush; and thousands of ordinary US citizens.

fbi_terror_watch_list.jpgProfessor Walter F Murphy is emeritus of Princeton University; he is one of the foremost constitutional scholars in the nation and author of the classic Constitutional Democracy. Murphy is also a decorated former marine, and he is not even especially politically liberal. But on March 1 this year, he was denied a boarding pass at Newark, “because I was on the Terrorist Watch list”.

“Have you been in any peace marches? We ban a lot of people from flying because of that,” asked the airline employee.

“I explained,” said Murphy, “that I had not so marched but had, in September 2006, given a lecture at Princeton, televised and put on the web, highly critical of George Bush for his many violations of the constitution.” “That’ll do it,” the man said.

Anti-war marcher? Potential terrorist. Support the constitution? Potential terrorist. History shows that the categories of “enemy of the people” tend to expand ever deeper into civil life.

James Yee, a US citizen, was the Muslim chaplain at Guantánamo who was accused of mishandling classified documents. He was harassed by the US military before the charges against him were dropped. Yee has been detained and released several times. He is still of interest.

Brandon Mayfield, a US citizen and lawyer in Oregon, was mistakenly identified as a possible terrorist. His house was secretly broken into and his computer seized. Though he is innocent of the accusation against him, he is still on the list.

It is a standard practice of fascist societies that once you are on the list, you can’t get off.

7. Target key individuals

Threaten civil servants, artists and academics with job loss if they don’t toe the line. Mussolini went after the rectors of state universities who did not conform to the fascist line; so did Joseph Goebbels, who purged academics who were not pro-Nazi; so did Chile’s Augusto Pinochet; so does the Chinese communist Politburo in punishing pro-democracy students and professors.

Academe is a tinderbox of activism, so those seeking a fascist shift punish academics and students with professional loss if they do not “coordinate”, in Goebbels’ term, ideologically. Since civil servants are the sector of society most vulnerable to being fired by a given regime, they are also a group that fascists typically “coordinate” early on: the Reich Law for the Re-establishment of a Professional Civil Service was passed on April 7 1933.

Bush supporters in state legislatures in several states put pressure on regents at state universities to penalise or fire academics who have been critical of the administration. As for civil servants, the Bush administration has derailed the career of one military lawyer who spoke up for fair trials for detainees, while an administration official publicly intimidated the law firms that represent detainees pro bono by threatening to call for their major corporate clients to boycott them.

Elsewhere, a CIA contract worker who said in a closed blog that “waterboarding is torture” was stripped of the security clearance she needed in order to do her job.

Most recently, the administration purged eight US attorneys for what looks like insufficient political loyalty. When Goebbels purged the civil service in April 1933, attorneys were “coordinated” too, a step that eased the way of the increasingly brutal laws to follow.

8. Control the press

Italy in the 1920s, Germany in the 30s, East Germany in the 50s, Czechoslovakia in the 60s, the Latin American dictatorships in the 70s, China in the 80s and 90s - all dictatorships and would-be dictators target newspapers and journalists. They threaten and harass them in more open societies that they are seeking to close, and they arrest them and worse in societies that have been closed already.

media-control.gifmid.gif.pngThe Committee to Protect Journalists says arrests of US journalists are at an all-time high: Josh Wolf (no relation), a blogger in San Francisco, has been put in jail for a year for refusing to turn over video of an anti-war demonstration; Homeland Security brought a criminal complaint against reporter Greg Palast, claiming he threatened “critical infrastructure” when he and a TV producer were filming victims of Hurricane Katrina in Louisiana. Palast had written a bestseller critical of the Bush administration.

Other reporters and writers have been punished in other ways. Joseph C Wilson accused Bush, in a New York Times op-ed, of leading the country to war on the basis of a false charge that Saddam Hussein had acquired yellowcake uranium in Niger. His wife, Valerie Plame, was outed as a CIA spy - a form of retaliation that ended her career.

Prosecution and job loss are nothing, though, compared with how the US is treating journalists seeking to cover the conflict in Iraq in an unbiased way. The Committee to Protect Journalists has documented multiple accounts of the US military in Iraq firing upon or threatening to fire upon unembedded (meaning independent) reporters and camera operators from organisations ranging from al-Jazeera to the BBC. While westerners may question the accounts by al-Jazeera, they should pay attention to the accounts of reporters such as the BBC’s Kate Adie. In some cases reporters have been wounded or killed, including ITN’s Terry Lloyd in 2003. Both CBS and the Associated Press in Iraq had staff members seized by the US military and taken to violent prisons; the news organisations were unable to see the evidence against their staffers.

censorship.jpgOver time in closing societies, real news is supplanted by fake news and false documents. Pinochet showed Chilean citizens falsified documents to back up his claim that terrorists had been about to attack the nation. The yellowcake charge, too, was based on forged papers.

You won’t have a shutdown of news in modern America - it is not possible. But you can have, as Frank Rich and Sidney Blumenthal have pointed out, a steady stream of lies polluting the news well. What you already have is a White House directing a stream of false information that is so relentless that it is increasingly hard to sort out truth from untruth. In a fascist system, it’s not the lies that count but the muddying. When citizens can’t tell real news from fake, they give up their demands for accountability bit by bit.

9. Dissent equals treason

Cast dissent as “treason” and criticism as “espionage’. Every closing society does this, just as it elaborates laws that increasingly criminalise certain kinds of speech and expand the definition of “spy” and “traitor”. When Bill Keller, the publisher of the New York Times, ran the Lichtblau/Risen stories, Bush called the Times’ leaking of classified information “disgraceful”, while Republicans in Congress called for Keller to be charged with treason, and rightwing commentators and news outlets kept up the “treason” drumbeat. Some
commentators, as Conason noted, reminded readers smugly that one penalty for violating the Espionage Act is execution.

military commissions act.jpgConason is right to note how serious a threat that attack represented. It is also important to recall that the 1938 Moscow show trial accused the editor of Izvestia, Nikolai Bukharin, of treason; Bukharin was, in fact, executed. And it is important to remind Americans that when the 1917 Espionage Act was last widely invoked, during the infamous 1919 Palmer Raids, leftist activists were arrested without warrants in sweeping roundups, kept in jail for up to five months, and “beaten, starved, suffocated, tortured and threatened with death”, according to the historian Myra MacPherson. After that, dissent was muted in America for a decade.

In Stalin’s Soviet Union, dissidents were “enemies of the people”. National Socialists called those who supported Weimar democracy “November traitors”.

And here is where the circle closes: most Americans do not realise that since September of last year - when Congress wrongly, foolishly, passed the Military Commissions Act of 2006 - the president has the power to call any US citizen an “enemy combatant”. He has the power to define what “enemy combatant” means. The president can also
delegate to anyone he chooses in the executive branch the right to define “enemy combatant” any way he or she wants and then seize Americans accordingly.

Even if you or I are American citizens, even if we turn out to be completely innocent of what he has accused us of doing, he has the power to have us seized as we are changing planes at Newark tomorrow, or have us taken with a knock on the door; ship you or me to a navy brig; and keep you or me in isolation, possibly for months, while awaiting trial. (Prolonged isolation, as psychiatrists know, triggers psychosis in otherwise mentally healthy prisoners. That is why Stalin’s gulag had an isolation cell, like Guantánamo’s, in every
satellite prison. Camp 6, the newest, most brutal facility at Guantánamo, is all isolation cells.)

We US citizens will get a trial eventually - for now. But legal rights activists at the Center for Constitutional Rights say that the Bush administration is trying increasingly aggressively to find ways to get around giving even US citizens fair trials. “Enemy combatant” is a status offence - it is not even something you have to have done. “We have absolutely moved over into a preventive detention model - you look like you could do something bad, you might do something bad, so we’re going to hold you,” says a spokeswoman of the CCR.

Most Americans surely do not get this yet. No wonder: it is hard to believe, even though it is true. In every closing society, at a certain point there are some high-profile arrests - usually of opposition leaders, clergy and journalists. Then everything goes quiet. After those arrests, there are still newspapers, courts, TV and radio, and the facades of a civil society. There just isn’t real dissent. There just isn’t freedom. If you look at history, just before those arrests is where we are now.

10. Suspend the rule of law

The John Warner Defense Authorization Act of 2007 gave the president new powers over the national guard. This means that in a national emergency - which the president now has enhanced powers to declare - he can send Michigan’s militia to enforce a state of emergency that he has declared in Oregon, over the objections of the state’s governor and its citizens.

Even as Americans were focused on Britney Spears’s meltdown and the question of who fathered Anna Nicole’s baby, the New York Times editorialised about this shift: “A disturbing recent phenomenon in Washington is that laws that strike to the heart of American democracy have been passed in the dead of night … Beyond actual insurrection, the president may now use military troops as a domestic police force in response to a natural disaster, a disease outbreak, terrorist attack or any ‘other condition’.”

Critics see this as a clear violation of the Posse Comitatus Act - which was meant to restrain the federal government from using the military for domestic law enforcement. The Democratic senator Patrick Leahy says the bill encourages a president to declare federal martial law. It also violates the very reason the founders set up our system of government as they did: having seen citizens bullied by a monarch’s soldiers, the founders were terrified of exactly this kind of concentration of militias’ power over American people in the hands
of an oppressive executive or faction.

Of course, the United States is not vulnerable to the violent, total closing-down of the system that followed Mussolini’s march on Rome or Hitler’s roundup of political prisoners. Our democratic habits are too resilient, and our military and judiciary too independent, for any kind of scenario like that.

Rather, as other critics are noting, our experiment in democracy could be closed down by a process of erosion.

wardemocracy.jpg

It is a mistake to think that early in a fascist shift you see the profile of barbed wire against the sky. In the early days, things look normal on the surface; peasants were celebrating harvest festivals in Calabria in 1922; people were shopping and going to the movies in Berlin in 1931. Early on, as WH Auden put it, the horror is always elsewhere - while someone is being tortured, children are skating, ships are sailing: “dogs go on with their doggy life … How everything turns away/ Quite leisurely from the disaster.”As Americans turn away quite leisurely, keeping tuned to internet shopping and American Idol, the foundations of democracy are being fatally corroded. Something has changed profoundly that weakens us unprecedentedly: our democratic traditions, independent judiciary and free press do their work today in a context in which we are “at war” in a “long war” - a war without end, on a battlefield described as the globe, in a context that gives the president - without US citizens realising it yet - the power over US citizens of freedom or long solitary incarceration, on his say-so alone.

That means a hollowness has been expanding under the foundation of all these still- free-looking institutions - and this foundation can give way under certain kinds of pressure. To prevent such an outcome, we have to think about the “what ifs”.

What if, in a year and a half, there is another attack - say, God forbid, a dirty bomb? The executive can declare a state of emergency. History shows that any leader, of any party, will be tempted to maintain emergency powers after the crisis has passed. With the gutting of traditional checks and balances, we are no less endangered by a President Hillary than by a President Giuliani - because any executive will be tempted to enforce his or her will through edict rather than the arduous, uncertain process of democratic negotiation and compromise.

What if the publisher of a major US newspaper were charged with treason or espionage, as a rightwing effort seemed to threaten Keller with last year? What if he or she got 10 years in jail? What would the newspapers look like the next day? Judging from history, they would not cease publishing; but they would suddenly be very polite.

Right now, only a handful of patriots are trying to hold back the tide of tyranny for the rest of us - staff at the Center for Constitutional Rights, who faced death threats for representing the detainees yet persisted all the way to the Supreme Court; activists at the American Civil Liberties Union; and prominent conservatives trying to roll back the corrosive new laws, under the banner of a new group called the American Freedom Agenda. This small, disparate collection of people needs everybody’s help, including that of
Europeans and others internationally who are willing to put pressure on the administration because they can see what a US unrestrained by real democracy at home can mean for the rest of the world.

We need to look at history and face the “what ifs”. For if we keep going down this road, the “end of America” could come for each of us in a different way, at a different moment; each of us might have a different moment when we feel forced to look back and think: that is how it was before - and this is the way it is now.

“The accumulation of all powers, legislative, executive, and judiciary, in the same hands … is the definition of tyranny,” wrote James Madison. We still have the choice to stop going down this road; we can stand our ground and fight for our nation, and take up the banner the founders asked us to carry.

Naomi Wolf’s The End of America: A Letter of Warning to a Young Patriot is published by Chelsea Green.

[The inserted images above were not part of the original article]

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The following post is a slightly edited version of an article published by Between The Lines - on the shift of power from the US Congress to the Executive, intentionally invoked and enforced by the Cheney/Bush administration. It demonstrates how the strengthening of presidential power was a strategy planned from the outset of their reign. The article not only includes some facts on how the pair successfully takes unilateral decisions without parliamentary checks and balances, it also managed to get Supreme Court backing for keeping crucial decision making processes hidden from public scrutiny. Both, the naked grab for power and secrecy around government decision making aren’t limited to the imperial US, we have the same thing happen here in Australia (eg anti-terrorism legislation or growing restrictions to accessing information under the Freedom of Information Act) and it happens most likely elsewhere in so-called Western democracies; the US of course always sets the example that others then all too willingly follow. And like in the case of human rights abuses, the unscrupulous power seizure also lays bare the hypocrisy of western politicians when they point their fingers at guys like Putin; it’s not the degree that counts - it’s the quality of democracy that’s in question.

Interview with Pulitzer Prize-winning,
Boston Globe reporter Charlie Savage,
conducted by Scott Harris

Listen in RealAudio
http://www.btlonline.org/savage110907.ram

the Sept. 11 terrorist attacks on the World Trade Center and the Pentagon, President Bush and Vice President Dick Cheney came to Washington determined to restore the power of the executive branch restrained by Congress in the aftermath of the Nixon era Watergate scandals. After 9/11, the Bush administration used the justifiable concerns of the American people over security, and transformed their fear into a power grab.

Over the course of the last seven years, President Bush has unilaterally renounced international treaties, ordered the detention of suspected terrorists without charge or trial, authorized the abuse and torture of prisoners, approved warrantless wiretapping of American’s phone and email communications, and imprisoned U.S. citizens as enemy combatants. Taken together, these actions make clear President Bush’s intention, and success, in setting precedents for strengthening the power of the Oval Office while undermining constitutionally mandated checks and balances.

In 2007, Boston Globe reporter Charlie Savage won the Pulitzer Prize for his coverage of national legal affairs focusing on the Bush administration’s attack on the separation of powers. He has written extensively on President Bush’s more than 750 signing statements on congressionally passed-laws that he claims the unilateral right to re-interpret or disregard. Between The Lines’ Scott Harris spoke with Savage about his new book titled, “Takeover: The Return of the Imperial Presidency and the Subversion of American Democracy.”

burningconst.jpgCHARLIE SAVAGE: The central agenda of this administration — something that Cheney was using his extraordinary influence over the administration to promote, long before 9/11 -– we think about this I think, superficially as though it’s a war and wartime presidential power always goes up. This goes well beyond National Security issues and it was something that was a consciously articulated agenda from their first day in office.

Part of the thing in my book, “Takeover” is, based on on-the-record interviews with people who were in the room, describe the first meeting of the White House legal team the day after the inauguration in January 2001, at which White House counsel Alberto Gonzales conveys from Bush and Cheney the instructions that they are going to use this time in office to expand the power of the presidency, not just to achieve some particular policy end, but as an end to itself.

Cheney has talked about this a lot. He’d seen this erosion of the authority of the president starting from his baseline, which was the absolute maximum power that a president had ever wielded, which was the Nixon administration. He wanted to put it back; he thought those reforms were a bad idea.

The very first fight we saw on this before 9/11 was the fight over Dick Cheney’s energy task force. There were laws on the books that said that those kinds of task forces had to operate subject to the scrutiny of the public and the Congress. The same laws that had been used to force Hillary Clinton 10 years earlier to reveal what her health care task force was up to. But unlike the Clinton White House, the Bush White House, fought because this was their agenda, all the way to the way to the Supreme Court and they won precedents that gutted those open government laws. And so not only did Cheney succeed in keeping secret whom his task force had met with, but all future presidents will now have the power to have policymaking bodies like that operate totally outside of the public view. Maybe Hillary Clinton will have that power, too, if she gets elected president.

That’s just one of the many ways in which they very successfully, very ably, expanded the fortress of secrecy that surrounds the upper levels of the executive branch. Their secrecy push in turn, is just one of the many different tactics that they very successfully employed to expand executive power generally –- not just for themselves, but for all future presidents.

BETWEEN THE LINES: There has been a lot of discussion since the Sept. 11 attacks that we have to balance our liberty with our security and therefore, these presidential powers are seen by some –- not all of the population — as a necessary evil to protect the country. I wonder how you respond to this large-scale power grab on the part of President Bush and what, if anything, it has to do with keeping this nation more secure?

CHARLIE SAVAGE: Bush could have gone to the Congress in October of 2001 after 9/11 and said, “give me all these powers, put them in the Patriot Act, I need them,” and they would have fallen all over themselves to rubberstamp everything he asked for. But the very act of doing that would have conceded that what Congress says matters, and that means that down the road, if Congress decides things have gone too far, Congress could change the law, and the president wouldn’t be able to do that any more. That’s one of the reasons they were very interested in doing it unilaterally, just to show that, to establish as an historical fact that presidents set their own rules, especially when it comes to matters of national security, and that no statute passed by Congress and signed by some previous president — or this president for that matter, when you think about the McCain torture ban (Senate legislation) –- or no treaty negotiated by some previous president, signed by some previous president, and ratified by the Senate –- like the Convention Against Torture, which was a Reagan administration product –- can bind the hands of commander-in-chief if he doesn’t want to obey it.

And so, this is coming up in the context of “oh, the president needs power to protect us from terrorists.” It almost doesn’t matter whether that’s true or not, in any of these specific powers because it’s sort of above the policy question, it’s above the politics. It’s a question of who decides? If these powers are necessary, shouldn’t the Congress, won’t the Congress just sign off on them if they truly are? Congress is made up of the elected representatives of the people – that’s what democracy is all about.

And if Congress is un-persuaded, then, maybe those aren’t such a good idea. Or maybe the people will vote Congress out next time, and put in people that will vote the right way. But, the point is American-style democracy is separation of powers. It’s the president not being able to set his own rules or her own rules, whoever that president happens to be at any given moment. It’s the president having to operate within the rules that Congress sets. It’s the checks and balances that prevents the concentration of government power in any one officials’ hands.

This goes back to the founders’ insight that human beings are flawed, that it’s inevitable because people are flawed, that from time to time, we’ll have misguided leaders, bad leaders, foolish leaders, incompetent leaders. You know, you want to have a system where in between elections you still have some constraint and some limit on what the government can do. That is American-style democracy and that is what has been eroding so much over the last seven years so dramatically.

For more information on the book or to read articles by Charlie Savage, visit his website at: www.charliesavage.com

==========================
Scott Harris is executive producer of Between The Lines, which can be heard on more than 40 radio stations and in RealAudio and MP3 on our website at http://www.btlonline.org. This interview excerpt was featured on the award-winning, syndicated weekly radio newsmagazine, Between The Lines for the week ending Nov. 9, 2007. This Between The Lines Q&A was compiled by Anna Manzo and Scott Harris.

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swoon-mercer-broome-cu.jpgMore signs for how street art is moving towards high art. Under the title “Art sales: Graffiti draws a new crowd“, the Telegraph in Britain published an article on burgeoning market for graffiti, stencil art and the like. More and more galleries are opening in their doors to keen buyers, with works from famous street artists like Antony Micallef, José Parlá, Swoon or Banksy selling from £35,000 to £323,000. Only celebrity of course can splash around that kind of money, or smart investors. So it’s not surprising to find well-known figures such as designer Paul Smith, artist Damian Hirst, rock star Eric Clapton or actress Angelina Jolie joined by City traders and small-business executives lining up to get their mansions and bank safes filled with the popular wares.

Where does all of this leave urban art? First of all, let’s not forget that this is not the first commercial assault on urban art. For years now artists have been working for example for the fashion industry as well as for marketing products from mobile phones to cars. Yet street art is still alive and kicking. So, with the move from the street to the gallery, we’ll probably lose some of the great street artists to the wealthy end of town . But, even if, in the worst case scenario, street art’s purpose might be totally and utterly blunted, like that of many other forms of grassroots cultural expression and political resistance before it, I doubt that commercialisation and commodification will spell its end any time soon. While some corporatisation of the rebellious and often anti-corporate element is happening, and while graffiti is being transformed into tourist attractions, there is still so much passion, energy, creativity and a strong spirit of civil disobedience and subversiveness left which not only creates great urban art, but that for various reasons will never be for sale - let’s continue to celebrate that!

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cheney.jpgBy MIKE WHITNEY (@ Counterpunch) - Wouldn’t you like to know where Dick Cheney puts his money? Then you’d know whether his “deficits don’t matter” claim is just baloney or not.

Well, as it turns out, Kiplinger Magazine ran an article based on Cheney’s financial disclosure statement and, sure enough, found out that the VP is lying to the American people for the umpteenth time. Deficits do matter and Cheney has invested his money accordingly. The article is called “Cheney’s betting on bad news” and provides an account of where Cheney has socked away more than $25 million. While the figures may be estimates, the investments are not. According to Tom Blackburn of the Palm Beach Post, Cheney has invested heavily in “a fund that specializes in short-term municipal bonds, a tax-exempt money market fund and an inflation protected securities fund. The first two hold up if interest rates rise with inflation. The third is protected against inflation.”

Cheney has dumped another (estimated) $10 to $25 million in a European bond fund which tells us that he is counting on a steadily weakening dollar. So, while working class Americans are loosing ground to inflation and rising energy costs, Darth Cheney will be enhancing his wealth in “Old Europe”. As Blackburn sagely notes, “Not all bad news’ is bad for everybody.”

This should put to rest once and for all the foolish notion that the “Bush Economic Plan” is anything more than a scam aimed at looting the public till. The whole deal is intended to shift the nation’s wealth from one class to another. It’s also clear that Bush-Cheney couldn’t have carried this off without the tacit approval of the thieves at the Federal Reserve who engineered the low-interest rate boondoggle to put the American people to sleep while they picked their pockets.

Reasonable people can dispute that Bush is “intentionally” skewering the dollar with his lavish tax cuts, but how does that explain Cheney’s portfolio? It doesn’t. And, one thing we can say with metaphysical certainty is that the miserly Cheney would never plunk his money into an investment that wasn’t a sure thing. If Cheney is counting on the dollar tanking and interest rates going up, then, by Gawd, that’s what’ll happen.

The Bush-Cheney team has racked up another $3 trillion in debt in just 6 years. The US national debt now stands at $8.4 trillion dollars while the trade deficit has ballooned to $800 billion nearly 7% of GDP. This is lunacy. No country, however powerful, can maintain these staggering numbers. The country is in hock up to its neck and has to borrow $2.5 billion per day just to stay above water. Presently, the Fed is expanding the money supply and buying back its own treasuries to hide the hemorrhaging from the public. Its utter madness.

Last month the trade deficit climbed to $70 billion. More importantly, foreign central banks only purchased a meager $47 billion in treasuries to shore up our ravenous appetite for cheap junk from China. Do the math! They’re not investing in America anymore. They are decreasing their stockpiles of dollars. We’re sinking fast and Cheney and his pals are manning the lifeboats while the public is diverted with gay marriage amendments and “American Celebrity”.

The American manufacturing sector has been hollowed out by cutthroat corporations who’ve abandoned their country to make a fast-buck in China or Mexico. The $3 trillion housing (equity) bubble is quickly loosing air while the anemic dollar continues to sag. All the signs indicate that the economy is slowing at the same time that energy prices continue to rise. This is the onset of stagflation; the dreaded combo of a slowing economy and inflation.

Did Americans really think they’d be spared the same type of economic colonization that has been applied throughout the developing world under the rubric of “neoliberalism”? Well, think again. The American economy is barrel-rolling towards earth and there are only enough parachutes for Cheney and the gang. The country has lost 3 million jobs from outsourcing since Bush took office; more than 200,000 of those are the high-paying, high-tech jobs that are the life’s-blood of every economy.

Consider this from the Council on Foreign Relations (CFR) June edition of Foreign Affairs, the Bible of globalists and plutocrats:

“Between 2000 and 2003 alone, foreign firms built 60,000 manufacturing plants in China. European chemical companies, Japanese car makers, and US industrial conglomerates are all building factories in China to supply export markets around the world. Similarly, banks, insurance companies, professional-service firms, and IT companies are building R&D and service centers in India to support employees, customers, and production worldwide.” (”The Globally integrated Enterprise” Samuel
Palmisano, Foreign Affairs page 130)

“60,000 manufacturing plants” in 3 years?!? “Banks, insurance companies, professional-service firms, and IT companies”? No job is safe. American elites and corporate tycoons are loading the boats and heading for foreign shores. The only thing they’re leaving behind is the insurmountable debt that will be shackled to our children into perpetuity and the carefully arranged levers of a modern police-surveillance state. Welcome to Bush’s 21st Century gulag; third world luxury in a Guantanamo-type setting.

Take another look at Cheney’s investment strategy; it tells the whole ugly story. Interest rates are going up, the middle class is going down, and the poor dollar is headed for the dumpster. The country is not simply teetering on the brink of financial collapse; it is being thrust headfirst by the blackguards in office and their satrapies at
Federal Reserve.

Mike Whitney lives in Washington state. He can be reached at: fergiewhitney@msn.com

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