| November 6, 6:30 PM | Current issue: December 2009 · Archive |
| Links | Links |
| Ken Silverstein | Green Jobs: Moving to China |
| Scott Horton | The CIA’s Drone War |
| Mr Fish | A Cartoon |
| Claire Gutierrez | Weekly Review |
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I was neither dazzled nor drugged into sex when I was 14—I was embarrassed into it. I was walking along the street, one Friday morning, on my way to the Notting Hill Gate library, feeling cross after a row with my father, when a man with an American accent, in his twenties, suddenly appeared and started walking beside me. He asked my name. I ignored him. He repeated his question over and over again. That stuff happened. You just kept on walking when strange men spoke to you or exposed themselves. But this one was really persistent. He marched alongside me and then said that he was a singer and he’d written a new song. He wanted to know what I thought of it. When I said piss off, again, he started to sing. Loudly. These days, of course, I might well sing loudly in the street myself and not give a toss. But 14 is different. I was excruciated. A man singing to me full-throatedly as I walked down the road made me publicly ridiculous and clearly everyone on the planet was turning their head to stare at me. And laughing. I was beside myself with embarrassment. That, at any rate, was what my 14 was like. I hissed at him to stop and he said he would if I went to the recording studio where he worked and listened to him singing his song properly. It was just round the corner, a few minutes from where I lived. Then he started to sing again. He was amiable and quite funny, not frightening, if much too insistent. –“Diary,” Jenny Diski, London Review of Books
Related: Mary Gaitskill’s “On Not Being a Victim,” March 1994 (subs only); Wikipedia on fictitious entry; Christians to run Christian prison, creating instant metaphor for an entire generation of socially-conscious novelists; Barthelme’s syllabus; Obama’s a one-term president–if he stops the war(s); Blue Dog Democrats are in the blue doghouse; “Fire Sudan envoy Scott Gration”
Let’s take a step back first, as I had to in the original article, to explain a literal red herring. Before modern refrigeration and speedy transport, fish could not be got to customers more than a few miles inland before it went bad. Various methods were invented for preserving them, using salting, smoking or pickling. Kippers are herrings that have been split, salted, dried and smoked. Yarmouth bloaters are made by a variation on kippering but are whole fish and do not keep so well. Arbroath smokies are smoked haddock. Red herrings are a type of kipper that have been much more heavily smoked, for up to 10 days, until they have been part-cooked and have gone a reddish-brown colour. They also have a strong smell. They would keep for months (they were transported in barrels to provide protein on long sea voyages) but in this state they were inedible and had to be soaked to soften them and remove the salt before they could be heated and served. –“The Lure of the Red Herring,” World Wide Words, Michael Quinion (via)
CEOs talk about Steve Jobs; Gladwell-hating reaches the tipping point; top ten pubs to plot a revolution
“I don’t know why it’s like this, but it’s a rule: never ever approach the gallery directly. Never ever. I didn’t make this rule and I don’t want the world to be like this, but it is. Don’t ask for a studio visit, don’t ask to show them your work, don’t do anything. Sooner or later something will happen.” –“How to Make It As An Artist In New York 101,” Leon Neyfakh, The New York Observer
Little more than a year after cutting the ribbon at a new factory in Devens built with more than $58 million in state aid, Evergreen Solar said yesterday that it will shift its assembly of solar panels from there to China.
About half of the 577 full-time and 230 contract employees at the Devens factory are involved in putting the panels together. Evergreen declined to say how many of those jobs would disappear with the scheduled transfer next year to China, where it is expanding because of lower costs.
Evergreen uses the Devens facility to make the silicon wafers and cells used in the production of solar energy. It also assembles those parts into the solar panels that increasingly adorn rooftops. The wafers and cells will still be manufactured at Devens, but the final assembly of the panels will move to China.
I discuss the CIA’s use of drones, the legal and policy issues, and the points of friction between the CIA and the Defense Department in an interview today at GQ.
I discuss an Italian court’s recent conviction of 23 American officials on kidnapping and assault charges stemming from a 2003 extraordinary rendition operation with DemocracyNow’s Amy Goodman and the Italian prosecutor, Armando Spataro, below:
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“If you build a bridge to nowhere, that might be a bridge that you’re going to use that I’m not going to use,” said Ed Pound, spokesman for the government board charged with investigating waste and fraud in the stimulus package. “That’s not a call we’re going to make.” –“Eye on the Stimulus: Stimulus for cotton candy, tango and a fish orchestra? Wacky, or actually worthy?” by Michael Grabell, ProPublica
Related: CJR commends large press organs for actually covering regulation, government; Toyota smacked down by Highway Safety Administration; percentage of young Americans unfit for military service, due to fatness, criminality, or stupidity: 75 (via); post-exercise “afterburn” is a lie and meaningless for weight loss; doctors’ intuition problematic
The Kcymaerxthaere is a vast alternate universe created by Eames Demetrios, a California-based artist and filmmaker who began installing the plaques in 2003. The premise of the project is that the Kcymaerxthaere exists as its own parallel world, but its remnants are often visible in our own, “linear” world—intersections that Demetrios endeavors to commemorate by physically marking their presence. He has already installed over sixty of these faux historical markers, and hopes to increase that number to seventy by the year’s end. Most are in the United States (that is, Kymaerica), while others dot the globe, materializing in Singapore, Spain, Dubai, and Australia. This August, Demetrios even lowered a plaque onto the ocean floor, under forty-five feet of water in the Garvellach Islands of Scotland. In addition to the plaques, there are lectures, websites, travel guides (including Discover Kymaerica), and bus tours. He funds the project through gallery shows that display photographs of the plaque sites, as well as “texture flags”—dense images of physical objects that he says are carried by the people of the Kcymaerxthaere as their national banners. Demetrios calls the project “three-dimensional storytelling,” and says that he hopes to mark some two thousand sites before he is through. –“Discover Kymaerica,” Michael A. Elliott, The Believer
Pfizer introduces revolutionary new gradient; old people sexting and sending X-rated pictures amongst themselves (given the tendency among the aged to hit “reply all,” this may destroy the Internet); related: a gallery of goats
I don’t know if it’s my bad luck or if it happens to my colleagues as well, but every time that I’ve found myself on American soil—at the airport bar, at a social gathering, wherever—and I’ve made the mistake of admitting to a citizen of that country that I’m a fiction writer who comes from Latin America, that person will immediately pull out García Márquez, and will do it, what’s more, with a self-satisfied smile, as if he were saying to me, “I know you, I know where you come from.” (Of course, I’ve found myself with wilder ones who boast about Isabel Allende or Paolo Coelho, which, ultimately, makes no difference at all, since Allende and Coelho are little more than the light and self-help versions of García Márquez.) As time goes by, however, those same North Americans, at those same bars and social gatherings, have begun to pull out Bolaño. –“Bolaño Inc.,” Horacio Castellanos Moya, Guernica
Wired weaves a web of speculation and concludes that Steve Jobs will use the secret superpowers in his new liver to singlehandedly save the written word; Ana Marie Cox hearts “Glee”; could there come a great rain to wash away the cuteness that plagues our world? related: video of red panda cubs in Cleveland engaged in “high-activity play” (via); a cloud of atlases; “hello, world,” in Semacode, mowed into German field; related: Mahmoud Darwish: “I see what I want of the field … I see/braids of wheat combed by the wind, and I close my eyes:/this mirage leads to a nahawand/and this serenity to lapis”
Meet Aaron Siebers. The 27-year-old Denver man, a Blockbuster employee, was skateboarding yesterday afternoon when he fell and ripped his uniform pants. Due to work last night–and concerned about getting “written up” by Blockbuster superiors for not wearing his work-issued khakis–Siebers came up with a harebrained idea. Instead of just calling in sick, he stabbed himself in the leg and showed up at work claiming to have just been attacked by three Hispanic males.
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Obama’s window is closing. Arab audiences see Guantanamo still open (including in an endlessly repeating al-Jazeera promo), US troops escalating in Afghanistan, Gaza still blockaded, and no settlement freeze or peace talks between Israel and the Palestinians. They have seen little follow-up on the ground on the Cairo address (regardless of what’s been cooking secretly in Washington). A narrative is clearly hardening that Obama has not delivered on his promises, and that he hasn’t really changed American policies despite his personal appeal. U.S. officials may complain that this is unfair, that it’s only been four months since Cairo, that they are preparing a lot of programs… but the world isn’t fair. This window isn’t closed yet, but it’s closing fast and opinions appear to be hardening. I don’t think that the risk here is that al-Qaeda will take advantage of it, given its weakened state — in fact, Secretary Gates made an uncharacteristic mistake when he lapsed back to the Bush-era argument that we had to win in Afghanistan because otherwise al-Qaeda would capitalize. It’s more that the mobilized Arab and Muslim publics which Obama hoped to win over will be lost.
An Italian court hearing criminal charges against 26 American officials and a smaller group of Italians arising out of a CIA extraordinary rendition has ruled today. The case relates to the CIA’s snatching of a Muslim cleric known as Abu Omar off the streets of Milan in 2003. He was whisked off to Egypt, where he was tortured before being released. Italian prosecutors noted that the American action botched a prosecution they had prepared against Abu Omar for participation in a terrorist conspiracy. Here’s a summary of the court’s decision from Reuters:
The heaviest sentence — eight years in prison — was handed down to the former head of the CIA’s Milan station, Robert Seldon Lady, while 21 other former agents got five years each. U.S. Air Force Lieutenant Colonel Joseph Romano was also sentenced to five years, despite a request from the Pentagon that the case should be tried by U.S. courts.
[Judge Oscar] Magi dropped the case against three Americans, including a former CIA Rome station chief, because of diplomatic immunity. Charges were also dropped against five Italians, including the former head of the Sismi military intelligence service, Nicolo Pollari, because evidence against them violated state secrecy rules. However, the judge sentenced two more junior Sismi agents to three years in prison as accomplices, indicating Italian authorities were aware of the abduction.
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Proponents of the wand often argue that errors stem from the human operator, who they say must be rested, with a steady pulse and body temperature, before using the device. Then the operator must walk in place a few moments to “charge” the device, since it has no battery or other power source, and walk with the wand at right angles to the body. If there are explosives or drugs to the operator’s left, the wand is supposed to swivel to the operator’s left and point at them. If, as often happens, no explosives or weapons are found, the police may blame a false positive on other things found in the car, like perfume, air fresheners or gold fillings in the driver’s teeth. On Tuesday, a guard and a driver for The New York Times, both licensed to carry firearms, drove through nine police checkpoints that were using the device. None of the checkpoint guards detected the two AK-47 rifles and ammunition inside the vehicle. –“Iraq Swears by Bomb Detector U.S. Sees as Useless,” Rod Nordland, The New York Times
Seventy-two times, Dick Cheney can’t remember, he can’t recall (he’s got no memory of anything at all); missed connections illustrated (“We shared a bear suit at an apartment party”); “You know what else is a perfectly natural bodily function? Explosive diarrhea after eating bad clams.”
Rand expresses, with a certain pithy crudeness, an instinct that courses through us all sometimes: I’m the only one who matters! I’m not going to care about any of you any more! She then absolutizes it in an amphetamine Benzedrine-charged reductio ad absurdum by insisting it is the only feeling worth entertaining, ever. This urge exists everywhere, but why is it supercharged on the American right, where Rand is regarded as something more than a bad, bizarre joke? In a country where almost everyone believes—wrongly, on the whole—that they are self-made, perhaps it is easier to have contempt for people who didn’t make much of themselves. And Rand taps into something deeper still. The founding myth of America is that the nation was built out of nothing, using only reason and willpower. Rand applies this myth to the individual American: You made yourself. You need nobody and nothing except your reason to rise and dominate. You can be America, in one body, in one mind. –“How Ayn Rand Became an American Icon: The perverse allure of a damaged woman,” Johann Hari, Slate
Bears: killing militants, bald, hungry for minivans, friendly with a professor, and in film
This doesn’t lead to “writing by committee.” My experience is that four minds are four times more inventive in a team than if each works alone. But this requires a conductor to keep the voices to tempo and tune, and the key to this is the showrunner—the head producer who has creative control of the series. Showrunners like David Chase (Sopranos), Steven Bochco (Hill Street Blues) or John Wells (ER) helped carve out a space for collaboration. Time and money is also invested. In the US, beyond your individual scripts, you are paid a salary to come into a “writer’s room” and help the work of others. The Wire is a good example of the result. Conceived by David Simon, a former journalist, and homicide detective Ed Burns, the collaborative ethic allowed them to bring in voices from film writing and crime fiction—such as Richard Price and George Pelecanos—without losing coherence. This ethos has made US television the preferred destination for a generation of great writers. After winning an Oscar with American Beauty, Alan Ball eschewed the big screen and created Six Feet Under for HBO. In the DVD commentary to the pilot, he describes handing in the edgy first draft to the head of the channel. Having been through the Hollywood studio mill, Ball expected the worst, but the only note he had back read: “Can you make it more fucked up?” Although we are blessed with a tradition of great television dramatists, there’s no way that Alan Bleasdale, Dennis Potter or Jimmy McGovern could have written a dozen episodes of a show alone. We have recently imported the idea of showrunners for the resurrection of Dr Who and Survivors, but their power is limited, and the principle of collaboration doesn’t penetrate the lower echelons. Script editors and producers take a dim view of you talking to another writer without tight supervision. There is no financial incentive either. Why make someone else’s episode great when it might make yours look less good? Given that the running order can be changed at the last moment by management fiat, those collectively crafted character developments and story arcs will be binned anyway. Just write your own episode and cash that cheque. –“Why Britain can’t do The Wire,” Peter Jukes, Prospect
From the apex of the national security apparatus, he arranged for the torture of alleged terrorists and their sympathizers, and for the “disappearance” of hundreds and perhaps thousands of others. He then assumed office as president and began a rearguard struggle to defend state actors from liability for these acts. His lawyers spun doctrines of immunity, and believed that legal protections like statutes of limitations and wide grants of amnesty would block any efforts at accountability. For good measure, they sorted carefully through state records, destroying documents that might inculpate senior government figures.
But now Reynaldo Bignone, Argentina’s president from 1982-83, faces his worst nightmare: he’s going on trial for charges that could result in him spending the rest of his life in prison. The New York Times reports:
Today, political bloviators of all shapes and sizes will rush to explain the dramatic, nation-rattling and long-term consequences of elections in which a tiny fraction of the voters turned out, mostly driven by local issues. But the elections team at the Daily Show beats them to it, giving the definitive interpretation (before the votes were tallied, of course):
| The Daily Show With Jon Stewart | Mon—Thurs 11p / 10c |
| Indecision 2009—Reindecision 2008 And Beyond | |
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For all its no-nonsense masculinity, Hawksian cinema has always been very stylized. His array of adventures make their stoical gestures in an enclosed world where such gestures are sufficient unto themselves. Unfortunately, about half of “Red Line 7000″ consists of real footage of apparently suicidal stock-car racing in America, and it is harder to believe in the validity of stylized stoicism as a direct statement on the modern world. Hawks, unlike Preminger, has taken his studio-conditioned out-look out into the real world and there is consequently a fatal disharmony between the old movie myths he seeks to perpetuate and the insistent iconography of the modern world he is unable to ignore. Unlike Antonioni, Hawks believes that the sentiments of 1935 are appropriate to the cybernetic ’60s, but “Red Line 7000″ fails to establish his thesis. If Hawks has represented much of what I like in the cinema, Warhol represents much of what I resist. We live in an era when many people are as pathologically frightened of being put on as of being put down. Magazine articles are written to warn us of the perils of alleged artists who do not take their audience seriously, and Warhol is usually cited as the worst offender. I have found in the past that with me a little Warholian cinema goes a long way, but it suddenly strikes me that I have never seen anything by Warhol entirely lacking in interest. I happened to stumble into the Cinametheque one night in search of his Fire Island opus which is reportedly too salacious even for the American Civil Liberties Union. As a last minute replacement for the mysteriously unavailable Fire Island film, the management reprised “The Life Story of Juanita Castro,” which I had never seen, and it shook me up considerably simply by making me laugh for long stretches of time, not so much at it as with it. –“Clip Job : Sarris Considers Warhol,” Andrew Sarris, The Village Voice, from December 1965
The world almost missed out on the final film clips of Michael Jackson–which some might consider a loss; and wouldn’t it have been better if the “Age of Twee Hipsterdom,” as identified by Harper’s Contributing Editor Christian Lorentzen, was actually over, and the “muscular, bravura” filmmaking of Wes Anderson vanished from the earth? And is it really better to prefer the current films of Lars von Trier, a director who was once described in Harper’s Magazine as having suggested that “gang rape might be a simple girl’s way of gaining entry into heaven”? (subs only)?
Marx never wrote about cellulite, though I am quite sure he suffered from this “unsightly condition.” He endured several excruciating physical ailments throughout his lifetime: carbuncles, insomnia, bronchitis, a bad liver, pleurisy and haemorrhoids. If he were alive today I am sure he would definitely have a few more “backaches” to contend with, the current cellulite epidemic being one of the many. It might be very much lagging in order of importance, but nevertheless an examination of this modern phenomenon vividly illustrates the manipulative powers of both advertising and marketing, two wasteful and exploitative processes which are an integral part of capitalism…. Advertising and marketing constitutes part of the modern system of production and consumption. Advertising in particular is the dominant cultural form in capitalist society. It mimics and subverts every genre of art and cultural practice to enhance and alter the meaning of lifeless objects. But advertisements do more than exaggerate the basic function of a product. They imbue products with all kinds of social abilities. Marx called this process the fetishism of commodities. But surely people buy a particular soft drink or breakfast cereal because they like its taste and are thirsty, hungry or want to keep regular: they are not hypnotised into thinking that they are going to be or have the beautiful woman in the TV commercial? But advertising does not adhere to such a crude formula. Utilitarian items such as food or drink become exaggerated props in advertisements that subtly portray or imply an ideal lifestyle. This ideal is not an outlandishly glamourous way of life. It is a comfortable and customary one which we can all realistically aspire to, one which the product will bring us nearer to. But some commodities bring us nearer to this coveted lifestyle than others. –“Marxism and Cellulite: A consumer’s guide to marketing,” Catherine Lyons, Red Banner: A magazine of socialist ideas
The relationship between do-it-yourself funerals and the illicit market for online sperm is complex; to simplify it one might use this equation calculating the “phenomena of association,” but the one thing that is eminently clear is that money is important, particularly in New York, and pretty much everywhere else, too…
Although shepherds and shepherdesses have been in short supply in the United States, versions of pastoral have flourished here. The cult of the Noble Red Man, or, as Mark Twain derisively labeled it, “The Fenimore Cooper Indian” (a type given to long speeches in mellifluous and extravagantly figurative English), is an obvious example. So is the heroizing of simple cowboys, farmers, and miners in the western stories of writers like Bret Harte, the movies of John Ford, and the art of Frederic Remington, Charles M. Russell, Maynard Dixon, and Thomas Hart Benton. Both Uncle Tom’s Cabin and The Grapes of Wrath might be read as pastorals in Empson’s sense. The chief loci of American pastoral have been the rural South and the Far West, while most of its practitioners have been sophisticated easterners for whom the South and West were destinations for bouts of adventurous travel. They went equipped with sketchpads and notebooks in which to record the picturesque manners and customs of their rustic, unlettered fellow countrymen. –“American Pastoral,” Jonathan Raban, The New York Review of Books
To find an American shepherd, one must first understand the Basque diaspora, but really, what is being discussed here is not ranching or even dogs, but rather “romantic exoticism” of a sort that is uniquely American, like crypto-Jews or tribal tattoos, or the myriad ways in which one can become a Veblenian “connoisseur in creditable viands of various degrees of merit, in manly beverages and trinkets, in seemly apparel and architecture, in weapons, games, dances, and narcotics,” as discussed by Mark Kingwell in this month’s Harper’s Magazine (subscription only)
Abdullah Abdullah, presidential challenger to Hamid Karzai, announced that he was quitting the runoff election. In a choked-up voice he cited concerns about increased violence in Afghanistan and outrage at the fraudulent election process. The election was cancelled and Karzai was declared president. More U.S. troops died in Afghanistan in October than in any month since that war began eight years ago. A suicide bombing by Taliban militants killed six U.N. staff, and Major General Mike Flynn, director of intelligence for General Stanley McChrystal's headquarters in Kabul, warned that the number of insurgents in Afghanistan (many of whom were from other countries) was now between 19,000 and 27,000, a ten-fold increase since 2004. “I wouldn't say it's out of control right now,” Flynn explained, “but this is a California wildfire and we're having to bring in firemen from New York.”1
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President Barack Obama caved to pressure from Congress and military contractors and passed a $680,000,000,000 defense bill. Obama also hosted a Halloween event at the White House, where he distributed M&Ms and dried fruit but did not wear a costume. First Lady Michelle Obama appeared as Cat Woman, dressed in a leopard-print top, fuzzy ears, and black eye shadow. U.S. Ambassador to the United Nations Susan Rice dressed up as Goofy. 5
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“When the history of this distinguished court is written, today’s majority decision will be viewed with dismay,” writes Guido Calabresi, the former Yale Law dean and a man widely viewed as the most illustrious living member of the Second Circuit Court of Appeals. He is lodging his dissent in a 7-4 decision of the en banc court concluding that a Canadian software engineer named Maher Arar has no right to sue government officials. What has Calabresi so worked up?
This is “hardly an ordinary immigration case,” as the majority concedes. Arar was apprehended in transit from a Mediterranean vacation to his home in Ottawa at the JFK airport. U.S. agents acting on a tip from the Canadian mounties–that turned out to be completely incorrect–seized Arar and held him for several days. Understandably, they were not going to let Arar into the country. This was fine with Arar, who just wanted to go home to Canada. But because Arar was born in Syria, Deputy Attorney General Larry Thompson, acting on the advice of two political appointees serving in the Attorney General’s office, signed an order to send him back to Syria. That decision was taken after an immigration review panel had concluded, with what turned out to be perfect accuracy, that Arar would be tortured if sent there. (Perhaps not coincidentally, Thompson resigned and departed shortly after learning the full story behind the Arar case.) Arar was turned over to the Syrians with a list of questions, and he was indeed brutally tortured for a year—to no point, of course, since Arar had no connections with any terrorist organizations. The Canadian Government, recognizing that its wrongdoing led indirectly to Arar’s mistreatment, conducted a comprehensive investigation, fully acknowledged its mistakes in a voluminous report, issued a formal letter of apology, and awarded Arar $11.5 million (Canadian) in compensation and reimbursement of legal costs. And the United States?
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What is claimed is: 1. A method of producing an advertisement with thematic content from a television program, comprising: incorporating thematic content comprising a plot advancing element of a television program into a product or service advertisement to form a program-integrated product or service advertisement, wherein the program-integrated product or service advertisement is broadcast in between segments of the television program, before a time slot of the television program or after the time slot of the television program, wherein the plot advancing element promotes the plan or pattern of events or the main story of the television program. –“Method and system for producing program-integrated commercials,” John L. Makowski, et al., (a patent on commercial product placement) U.S. Patent Number: 6859936, November 20, 2001
In the New York Times, a series of indecipherable cartoons about the political process; Forbes as a publication of the left, with environmentalism as its central tenet; and an example of reverse cognitive dissonance: Meatpaper, which along with the magazine, offers its readers the “Artisan Butchery Event of the Year!”
Every type of content has some quotient of participation value. At the bottom of the spectrum are games/shows/movies/events that you watch or attend by yourself, and you have no interest in telling anyone about. Those shows have zero participation value. They could be Perry Mason reruns or shows you watch when you have nothing better to do. At the top of the scale are games/shows/movies/events that potential viewers have predicted to have high participation value. These are events that we look forward to not only watching or attending, but that we plan in advance how we are going to extend our participation. We may plan on tweeting about it or posting a facebook update because we know our friends are there and we are bragging to each other, while at the same time showing off to friends who can’t be there. Think going to the opening of Cowboys stadium, or going to a concert or opening night of a movie, or watching the big game…. The higher the participation value, the shorter the shelf life. The role of the Internet for high participation games/shows/events is not to show them, its to enable the participation. The explosion of Social Networking and social networking enabled games and applications has strengthened this as the internet’s role. Its improving TV ratings of shows with high participation value. –“Sports Ratings Records and what it tells us about the Internet,” Mark Cuban, blogmaverick
Italian lady-mobsters can’t be held back by gender discrimination; murderous mother attends slain son’s wake–a scandal!; women need help selecting accessories
My wife and I chose to settle in our Los Angeles neighborhood because it had everything a young family would want: shady, tree-lined streets, charming cottages and bungalows, lots of kids with involved parents. My instant affection for the place was based on all of those domestic details. And one summer several years ago, it turned into full-blown love when I went to my first neighborhood happy-hour playdate….You brought your kids. You brought some food. And you brought your poison…One neighbor specialized in gimlets, another in craft beers, and yet another in cult bargain wines….There was the secret smoker’s club, a group of people who perched on the perimeter, furtively sharing a single cigarette, ready to stamp it out if a kid approached. And then there was the secret pot club, a group of recreational stoners who had more vigilant security procedures. They would collectively disappear entirely, smoke in shifts, and return to the party. I once observed a mother/lookout stopping curious kids from finding the pot smoker’s circle in a side yard by intercepting the kids with a platter of cheese and crackers. Paranoia makes perfect. –“Vice is Nice,” Hugh Garvey, Cookie
NASA’s torture-monkeys; an inanely-obvious analysis of why children love Curious George; two Harper’s Magazine covers with monkeys on them; and “Anecdotes of Monkeys,” Harper’s Magazine , March 1852 (both subscription-only)
What sort of privacy do you expect when you send an email? As Americans increasingly rely on the Internet for communication, Justice Department lawyers increasingly argue that Americans have no right to privacy there—notwithstanding repeated congressional efforts to bolster these rights. A recent case out of Oregon shows how the privacy expectation associated with emails and other Internet communications is being frittered away.
The government sought to subpoena the emails of a suspect in a criminal investigation. It issued a subpoena to Google, but it failed to give notice to the subscriber as the federal rules and statute would appear to require. The purpose of notice is fairly straightforward: it gives the subject the opportunity to contest the subpoena and puts him on notice of the government’s investigation. Implementing the protections of the Fourth Amendment, isn’t the subscriber entitled to notice? Not in the view of Judge Michael Mosman:
Before no other country on the planet does the United States kneel and plead like this. In other trouble spots, America takes a different tone. It bombs in Afghanistan, invades Iraq and threatens sanctions against Iran and North Korea. Did anyone in Washington consider begging Saddam Hussein to withdraw from occupied territory in Kuwait?
But Israel the occupier, the stubborn contrarian that continues to mock America and the world by building settlements and abusing the Palestinians, receives different treatment. Another massage to the national ego in one video, more embarrassing praise in another.
Now is the time to say to the United States: Enough flattery. If you don’t change the tone, nothing will change. As long as Israel feels the United States is in its pocket, and that America’s automatic veto will save it from condemnations and sanctions, that it will receive massive aid unconditionally, and that it can continue waging punitive, lethal campaigns without a word from Washington, killing, destroying and imprisoning without the world’s policeman making a sound, it will continue in its ways.
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In the prosecution that led to the conviction of former Vice President Cheney’s chief of staff, Scooter Libby, Patrick Fitzgerald famously spoke of a “cloud over the vice president.” His remarks suggested that, while no charges had been pressed against Cheney, the vice president was considered an unindicted co-conspirator in a scheme to out covert CIA agent Valerie Plame. When, after a long struggle to protect Cheney from “embarrassment,” the Justice Department complied with a court order to disclose the FBI agents’ notes of the interview that Fitzgerald conducted with Cheney in 2004, the reason for these comments became clear. The cloud over Dick Cheney seems to be more of a fog bank engulfing him, however, and the fog is of Cheney’s making.
Cheney has been famous for decades for his steel-trap mind and near perfect recall. Yet in an interview that lasted only a couple of hours, Cheney competed with Alberto Gonzales for the selective amnesia prize. His memory failed him more than seventy times, on virtually every effort to probe anything of substance that had occurred within the prior year. Contemporaneous documents show that Cheney had been obsessing over these matters. Yet even when he was shown documents bearing his own handwritten comments, he had no recollection. His amnesia dovetailed perfectly with Scooter Libby’s forgetfulness on key points. Libby couldn’t recall having discussed Plame with Cheney, and Cheney couldn’t recall having discussed Plame with Libby. Their testimony seems well orchestrated, and the text of those “can’t recalls” is well designed to make a perjury prosecution difficult if the prosecutors should turn up solid proof to the contrary.
In the 2008 presidential campaign, both Barack Obama and Joe Biden criticized the Bush Administration’s historically unprecedented invocation of state security concerns to block lawsuits challenging the legality of its surveillance. They promised new procedures that would “tighten up” the “problem” of overreaching claims of secrecy. In time, the Justice Department instituted a new review policy, setting internal standards, requiring a high-level internal review, and promising to present a packet for in camera review by the judge involved who would make the final call. That sounded good, and the suggestion that the government would abide by a judge’s review was more accommodating than the posture Bush-era attorneys general assumed—insisting that judges shouldn’t be in this business at all, since only officers of the executive branch had a good feel for such matters.
In practice, the Obama Administration’s invocation of secrecy is at least as aggressive as its predecessor’s, and sometimes seems even more aggressive. Late on Friday, Attorney General Holder asked a district court judge in California to throw out a suit challenging government surveillance operations. It appears to be the first full-fledged case based on the new policy. Here’s Jake Tepper’s report for ABC News:
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| November 2009 FINAL EDITION
THE INTELLIGENCE FACTORY
PROSPEROUS FRIENDS
Also: Frederick Seidel and Mark Kingwell |