By Mario Trujillo and David McCabe – 06/11/15 04:30 PM EDT
The new federal rules for net neutrality were allowed to take effect on Friday, after the U.S. Court of Appeals for the District of Columbia Circuit denied a motion to stay the rules.
“Petitioners have not satisfied the stringent requirements for a stay pending court review,” the three judge panel said in its Thursday, ruling, which allowed the rules to kick in Friday at 12:01 a.m.
The court denied a request for a stay that would have put the rules on hold until a broader court battle is settled. It ruled that it will expedite the underlying case.
The ruling is not on the final merits of the challenge, but hands an early victory to net neutrality advocates.
The regulations reclassify Internet providers as utilities, giving the Federal Communications Commission (FCC) more powers to regulate them. That includes stopping providers from selectively slowing the delivery of content to users.
“This is a huge victory for Internet consumers and innovators,” said FCC Chairman Tom Wheeler. “Starting Friday, there will be a referee on the field to keep the Internet fast, fair and open.”
Rep. Anna Eshoo (Calif.), the ranking Democrat on a House Energy and Commerce subcommittee, called the ruling “critical validation that the new rules to protect an open Internet are grounded in strong legal footing and can endure future challenges by broadband providers.”
But Thursday evening, Republican lawmakers said the ruling was creating “uncertainty.”
“Unfortunately, we are now in for a long, unnecessary wait while the courts determine if the commission was out of bounds,” House Energy and Commerce Committee Chairman Fred Upton (R-Mich.), Communications and Technology Subcommittee Chairman Greg Walden (R-Ore.), and Subcommittee Vice Chairman Bob Latta (R-Ohio) said in a statement.
Wielding subpoenas demanding information on anonymous commenters, the government is harassing a respected journalism site that dissents from its policies. The U.S. Attorney’s Office for the Southern District of New York claims these comments could constitute violent threats, even though they’re clearly hyperbolic political rhetoric.
This is happening in America — weirdly, to a site I founded, and one whose commenters often earned my public contempt.
Los Angeles legal blogger Ken White has obtained a grand jury subpoena issued to Reason.com, the online home of the libertarian magazine I edited throughout the 1990s. The subpoena seeks information about commenters who posted in response to an article by the site’s editor Nick Gillespie about the letter that Silk Road founder Ross Ulbricht wrote to Judge Katherine B. Forrest before she sentenced him to life in prison without parole. Ulbricht was convicted of seven felony charges, included conspiracies to traffic in narcotics and launder money, and faced a minimum sentence of 20 years in prison. The letter was an appeal for leniency.
Gillespie, who declined to comment on the subpoena, aptly described the letter as “haunting.” In it, Ulbricht expressed the libertarian ideals he said animated his creation of Silk Road — the same ideals that Reason upholds. The portion Gillespie reproduced reads:
Plenty more work to do toward reclaiming our lost liberties and protecting our privacy
Ronald Bailey|Jun. 5, 2015 9:09 am
Thanks to the whistleblowing of former NSA contractor Edward Snowden two years ago, the USA Freedom Act passed earlier this week reining in that agency’s massive domestic surveillance program. The program collected the metadata of practically all of the telephone calls that Americans make to each other. Metadata tells the agency to whom, when, where, and for how long you talked on your telephone. While government officials scaremongered that the program was necessary to prevent terrorist attacks, they could point to not a single example how this program stopped any terrorist activity.
The American Civil Liberties Union is circulating a message from Snowden that makes these salient points …
… arguing that you don’t care about the right to privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say. ….
Ending mass surveillance of private phone calls under the Patriot Act is a historic victory for the rights of every citizen. Yet while we have reformed this one program, many others remain.
We need to push back and challenge the lawmakers who defend these programs. We need to make it clear that a vote in favor of mass surveillance is a vote in favor of illegal and ineffective violations of the right to privacy for all Americans. …
We can’t take the right to privacy for granted, just like we can’t take the right to free speech for granted. We can’t let these invasions of our rights stand.
The ACLU adds:
While USA Freedom Act is a start, no one should mistake it for comprehensive reform – it leaves many of the government’s most intrusive surveillance powers untouched, and it leaves disclosure and transparency loopholes
Roughly 4 million current and former federal employees have had their data exposed by a hack, the Obama administration said Thursday.
The notification from the Office of Personnel Management (OPM) was short on details, but it appears troves of sensitive information had been pilfered.
Separate media reports cited China as being behind the massive hack.
The digital assailants first infiltrated the system in December, four months before they were discovered, The Washington Post reported.
“Protecting our Federal employee data from malicious cyber incidents is of the highest priority at OPM,” said OPM Director Katherine Archuleta. “We take very seriously our responsibility to secure the information stored in our systems.”
The FBI said it had opened up an investigation into the breach, which The Wall Street Journalreported is believed to have come from hackers in China.
An unnamed U.S. official told NBCNews that the data breach might touch every federal agency.
A Department of Homeland Security spokesman said it noticed “malicious activity affecting its information technology (IT) systems and data in April.”
Justice Department Studying ‘Far-Right’ Social Media Use
$585,719 study to combat violent extremism
bY: Elizabeth Harrington
June 1, 2015 5:00 am
The Department of Justice is concentrating on “far-right” groups in a new study of social media usage aimed at combatting violent extremism.
The Justice Department’s National Institute of Justice (NIJ) awarded Michigan State University $585,719 for the study, which was praised by Eric Holder, the former attorney general, earlier this year.
“There is currently limited knowledge of the role of technology and computer mediated communications (CMCs), such as Facebook and Twitter, in the dissemination of messages that promote extremist agendas and radicalize individuals to violence,” according to the NIJgrant. “The proposed study will address this gap through a series of qualitative and quantitative analyses of posts from various forms of CMC used by members of both the far-right and Islamic extremist movements.”
May 31, 7:36 PM EDT
BY ERICA WERNER AND KEN DILANIAN
ASSOCIATED PRESS
WASHINGTON (AP) — The National Security Agency will lose its authority at midnight to collect Americans’ phone records in bulk, after an extraordinary Sunday Senate session failed to produce an 11th-hour deal to extend the fiercely contested program.
Intelligence officials warned that the outcome amounts to a win for terrorists. But civil liberties groups applauded the demise, at least temporarily, of the once-secret post-Sept. 11 program made public by NSA contractor Edward Snowden, which critics say is an unconstitutional intrusion into Americans’ privacy.
The program is all but certain to be revived in a matter of days, although it also looks certain to be completely overhauled under House-passed legislation that Senate Majority Leader Mitch McConnell reluctantly blessed in an about-face Sunday evening. With most senators opposed to extending current law unchanged, even for a short time, McConnell said the House bill was the only option left other than letting the program die off entirely. The Senate voted 77-17 to move ahead on the House-passed bill.
But no final action was expected before Sunday’s midnight deadline after McConnell’s fellow Kentucky Republican Sen. Rand Paul served notice that he would assert his prerogatives under Senate rules to delay a final vote for several days.
“This is what we fought the revolution over, are we going to so blithely give up our freedom? … I’m not going to take it anymore,” Paul declared on the Senate floor, as supporters wearing red “Stand With Rand” T-shirts packed the spectator gallery.
McConnell countered: “We shouldn’t be disarming unilaterally as our enemies grow more sophisticated and aggressive, and we certainly should not be doing so based on a campaign of demagoguery and disinformation launched in the wake of the unlawful actions of Edward Snowden.”
Bill and Hillary Clinton and the Clinton Foundation have been hit with a racketeering lawsuit in Florida court.
The lawsuit, filed by Larry Klayman of Freedom Watch, includes a legal request to have the Florida judge seize the private server on which Hillary Clinton and her aides hosted their emails while she served as secretary of state.
Klayman has filed dozens of lawsuits against the Clintons and other prominent politicians.
The racketeering, influenced and corrupt organizations, or RICO, case alleges the former first couple and their family philanthropy traded political favors for donations or generous speaking fees for Bill Clinton while his wife was the nation’s chief diplomat.
“Negotiations by email about influencing U.S. foreign policy or U.S. Government actions to benefit donors to … The Clinton Foundation or sponsors of speaking engagements would not be captured on a U.S. Government email account because her emails would not be with a U.S. Government official,” Klayman said in court documents obtained by the Washington Examiner.
Republican presidential hopeful Carly Fiorina told a packed audience that a huge, complex and sometimes corrupt government was “crushing the potential” of Americans.
“That is not hyperbole,” she said. “That is fact.”…
WASHINGTON (AP) — The National Security Agency has begun winding down its collection and storage of American phone records after the Senate failed to agree on a path forward to change or extend the once-secret program ahead of its expiration at the end of the month.
Barring an 11th hour compromise when the Senate returns to session May 31, a much-debated provision of the Patriot Act — and some other lesser known surveillance tools — will sunset at midnight that day. The change also would have a major impact on the FBI, which uses the Patriot Act and the other provisions to gather records in investigations of suspected spies and terrorists.
In a chaotic scene during the wee hours of Saturday, Senate Republicans blocked a bill known as the USA Freedom Act, which would have ended the NSA’s bulk collection but preserved its ability to search the records held by the phone companies on a case-by-case basis. The bill was backed by President Barack Obama, House Republicans and the nation’s top law enforcement and intelligence officials.
It fell just three votes short of the 60 needed for passage. All the “no” votes but one were cast by Republicans, some of whom said they thought the USA Freedom Act didn’t go far enough to help the NSA maintain its capabilities.
FBI agents cannot name a single terrorism-related case that they have solved due to the NSA spying programs authorized in the Patriot Act. Why are we not surprised? From the Washington Times:
FBI agents can’t point to any major terrorism cases they’ve cracked thanks to the key snooping powers in the Patriot Act, the Justice Department’s inspector general said in a report Thursday that could complicate efforts to keep key parts of the law operating.
Inspector General Michael E. Horowitz said that between 2004 and 2009, the FBI tripled its use of bulk collection under Section 215 of the Patriot Act, which allows government agents to compel businesses to turn over records and documents, and increasingly scooped up records of Americans who had no ties to official terrorism investigations
Newly released data from the U.S. Department of Education shows that between 2003-2012, the number of American children between ages 5 to 17 who are homeschooled has risen 61.8 percent, and that the percentage homeschooled in that age range has increased from 2.2 to 3.4 percent.
According to data published on May 7 by the National Center for Education Statistics(NCES), in 2003 1,096,000 school-aged children were homeschooled in the U.S., representing 2.2 percent of the total number of students in that age range that year. In 2012, the number homeschooled was 1,773,000, or 3.4 percent of elementary and secondary school-aged children that year.
The increase in the number of children homeschooled between 2003 and 2012 is 677,000—or 61.8 percent.
WASHINGTON (AP) — The fate of the government’s bulk collection of Americans’ phone records is unclear following an FBI warning, House-Senate disagreements and more than 10 hours of criticisms by a GOP presidential candidate.
Sen. Rand Paul of Kentucky, the most libertarian-leaning of the major Republican presidential contenders, dominated the Senate floor from 1:18 to 11:49 p.m. Wednesday to decry the National Security Agency’s mass collection of phone data without warrants. In doing so, he highlighted deep divisions within Congress — and among his party’s presidential hopefuls — over the program whose existence was exposed by former contractor Edward Snowden, now living in Russia.
Paul wasn’t coy about the political overtones. His campaign issued a fundraising appeal while he slowly paced and steadily talked in a mostly empty Senate chamber. It also told reporters that several conservative House Republicans were available for interviews after they sat a while in support of Paul in the Senate.
It marked the second time in two years that Paul has used a marathon Senate speech to draw attention to a pet issue, and to himself, as C-SPAN cameras provided unbroken footage for Twitter and other social media. In March 2013 he spent 13 hours filibustering John Brennan’s nomination to head the CIA, to underscore Paul’s opposition to U.S. drone policies.
Wednesday’s performance wasn’t an official filibuster because the bill before the Senate dealt with trade, not surveillance. Still, by never sitting or yielding the floor, Paul kept senators from talking on other topics.
Paul opposes renewal of key sections of the Patriot Act, which the government cites to authorize the massive examination of who calls who on American phones. The government does not collect the content of the calls. Those sections are set to expire June 1.
The Republican-controlled House voted overwhelmingly to end bulk collection of phone data but to allow surveillance on a case-by-case basis if a special court approves. President Barack Obama supports that change. Paul says it doesn’t go far enough.
Senate Majority Leader Mitch McConnell of Kentucky is among those Republicans who want to keep the full program going. But McConnell says the Senate will vote on the House bill, and possibly other versions, before beginning a Memorial Day recess.
Americans’ satisfaction with the direction of the country continues to slip, falling 6 percentage points from early this year, according to a new Gallup poll.
Twenty-six percent of Americans are satisfied with the direction of the country, according to Gallup, returning to levels around the end of 2014, before a sharp 9-percentage-point uptick in satisfaction heading into the new year.
In the poll, which parallels a similar drop in economic confidence, Gallup notes, respondents list government, the economy and unemployment as top problems.
During President Obama’s term, satisfaction topped 36 percent in August 2009, but has ranged between 11 percent and 33 percent since then, according to Gallup.
The green energy movement in America is dead. May it rest in peace. No, a majority of American energy over the next 20 years is not going to come from windmills and solar panels. One important lesson to be learned from the green energy fad’s rapid and expensive demise is that central planning doesn’t work.
What crushed green energy was the boom in shale oil and gas along with the steep decline in the price of fossil fuel that few saw coming just a few years ago.
A new International Energy Agency report concedes that green energy is in fast retreat and is getting crushed by “the recent drop in fossil fuel prices.” It finds that the huge price advantage for oil and natural gas means “fossil plants still dominate recent (electric power) capacity additions.”
This wasn’t supposed to happen.
Most of the government experts—and many private investors too—bought into the “peak oil” nonsense and the forecasts of fuel prices continuing to rise as we depleted the oil from the Earth’s crust. Oil was expected to stay way over $100 a barrel and potentially soon hit $200 a barrel. National Geographic infamously advertised on its cover in 2004 “The End of Cheap Oil.”
Barack Obama told voters that green energy was necessary because oil is a “finite resource” and we would eventually run out. Apparently, Obama never read “The Ultimate Resource” by Julian Simon which teaches us that human ingenuity in finding new resources outpaces resource depletion.
When fracking and horizontal drilling technologies burst onto the scene, U.S. oil and gas reserves nearly doubled almost overnight. Oil production from 2007-2014 grew by more than 70 percent and natural gas production by nearly 30 percent.
The shale revolution is a classic disruptive technology advance that has priced the green movement out of the competitive market. Natural gas isn’t $13, but is now close to $3, an 80 percent decline. Oil prices have fallen by nearly half.
Green energy can’t possibly compete with that. Marketing windpower in an environment of $3 natural gas is like trying to sell sand in the Sahara. Instead of letting the green energy fad die a merciful death, the Obama administration only lavished more subsidies on the Solyndras of the world.
Washington suffered from what F.A. Hayek called the “fatal conceit.” Like the 1950s central planners in the Politburo, Congress and the White House thought they knew where the future was headed. According to a 2015 report by the Taxpayers Protection Alliance, over the past 5 years, the U.S. government spent $150 billion on “solar power and other renewable energy projects.” Even with fracking changing the energy world, these blindfolded sages stuck with their wild green-eyed fantasy that wind turbines were the future.
Meanwhile, the return of $2.50 a gallon gasoline at the pump is flattening the battery car market. A recent report from the trade publication Fusion notes: “electric vehicle purchases in the U.S. have stagnated.” According to auto analysts at Edmunds.com, “only 45 percent of this year’s hybrid and EV trade-ins have gone toward the purchase of another alternative fuel vehicle. That’s down from just over 60 percent in 2012.”
Oil production from 2007-2014 grew by more than 70 percent and natural gas production by nearly 30 percent.
Edmunds.com says that “never before have loyalty rates for alt-fuel vehicles fallen below 50 percent” and it speculated that “many hybrid and EV owners are driven more by financial motives rather than a responsibility to the environment.” That’s what happens when the world is awash in cheap fossil fuels.
This isn’t the first time American taxpayers have been fleeced by false green energy dreams. In the late 1970s the Carter administration spent billions of dollars on the Synthetic Fuels Corporation which was going to produce fuel economically and competitively. Solar and wind power were also brief flashes in the pan. It all crash landed by 1983 when oil prices crashed to as low as $20 a barrel after Reagan deregulated energy. The Synthetic Fuels Corporation was one of the great corporate welfare boondoggles in American history.
A lesson should have been learned there—but Washington went all in again under Presidents Bush and Obama.
At least private sector investors have lost their own money in these foolish bets on bringing back energy sources from the Middle Ages—like wind turbines. The tragedy of government as venture capitalist is that the politicians lose our money. These government-backed technologies divert private capital away from potentially more promising innovations.
Harold Hamm, president of Continental Resources, and one of the discoverers of the Bakken Shale in North Dakota tells the story of meeting with Barack Obama at the White House in 2010 to tell him of the fracking revolution. Obama arrogantly responded that electric cars would soon replace fossil fuels. Was he ever wrong.
We don’t know if renewables will ever play a significant role in America’s energy mix. But if it does ever happen, it will be a result of market forces, not central planning.
The Amtrak Crash: Is More Spending the Answer?
By Randal O’Toole
This article appeared in the Newsweek on May 13, 2015
It is too soon to tell what caused the Amtrak train crash that killed seven people on May 12. But advocates of increased government spending are already beginning to use the crash to promote more spending on infrastructure and are criticizing Republicans who voted to reduce Amtrak’s budget the day after the crash.
Yet there is a flaw in the assumption that spending more money would result in better infrastructure. In fact, in some cases, the problem is that too much money is being spent infrastructure, but in the wrong places.
The reason for this is that politicians prefer to spend money building new infrastructure over maintaining the old. The result is that existing infrastructure that depends on tax dollars steadily declines while any new funds raised for infrastructure tend to go to new projects.
“Politicians prefer to spend money building new infrastructure over maintaining the old.”
We can see this in the Boston, Washington, and other rail transit systems. Boston’s system is $9 billion in debt, has a $3 billion maintenance backlog, and needs to spend nearly $700 million a year just to keep the backlog from growing. Yet has only budgeted $100 million for maintenance this year, and instead of repairing the existing system, Boston is spending $2 billion extending one of its light-rail lines.
Similarly, Washington’s Metro rail system has a $10 billion maintenance backlog, and poor maintenance was the cause of the 2009 wreck that killed nine people. Yet, rather than rehabilitate their portions of the system, Northern Virginia is spending $6.8 billion building a new rail line to Dulles Airport; D.C. wants to spend $1 billion on new streetcar lines; and Maryland is considering building a $2.5 billion light-rail line in D.C. suburbs.
On the other hand, infrastructure that is funded out of user fees is generally in good shape. Despite tales of crumbling bridges, the 2007 Minnesota bridge collapse was due to a construction flaw and the 2013 Washington state bridge collapse was due to an oversized truck; lack of maintenance had nothing to do with either failure.
Department of Transportation numbers show that the number of bridges considered structurally deficient has fallen by more than 50 percent since 1990, while the average roughness of highway pavement has decreased. State highways and bridges, which are almost entirely funded out of user fees, tend to be in the best condition while local highways and bridges, which depend more on tax dollars, tend to be the ones with the most serious problems.
Before 1970, almost all of our transportation infrastructure was funded out of user fees and the United States had the best transportation system in the world. Since then, funding decisions have increasingly been made by politicians who are more interested in getting their pictures taken cutting ribbons than in making sure our transportation systems run safely and smoothly.
Proponents of higher gas taxes and other increased funding on infrastructure may talk about crumbling bridges, but what they really want is to spend more money on new projects that are often of little value. For example, they want high-speed trains that cost more but go less than half the speed of flying and light-rail trains that cost more but can move fewer people than buses.
This country doesn’t need more infrastructure that it can’t afford to maintain. Instead, it needs a more reliable system of transport funding, and that means one based on user fees and not tax subsidies.
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