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In NSA Bills, the Devil Is in the Details

Mother Jones

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Sen. Patrick Leahy says that his USA FREEDOM bill will stop the NSA’s bulk collection of phone data. H.L. Pohlman says it’s not quite that easy:

In Presidential Policy Directive (PPD-28) issued in January 2014, the Obama administration defined “bulk collection” as the acquisition “of large quantities of signals intelligence data which . . . is acquired without the use of discriminants (e.g., specific identifiers, selection terms, etc.).” Thus, as long as the government uses a “discriminant,” a selection term, no matter how broad that term might be, the government is not engaged in a “bulk collection” program.

….The USA FREEDOM Act does not guarantee, then, that the government’s database of telephone metadata will be smaller than it is now. It all depends on the generality of the selection terms that the government will use to obtain metadata from the telephone companies. And we don’t know what those terms will be.

This is a longstanding issue that’s been brought up by lots of people lots of times. It’s not some minor subtlety. If the government decides to look for “all calls from the 213 area code,” that’s not necessarily bulk collection even though it would amass millions of records. It would be up to a judge to decide.

If and when we get close to Congress actually considering bills to rein in the NSA—about which I’m only modestly optimistic in the first place—this is going to be a key thing to keep an eye on. As the ACLU and the EFF and others keep reminding us, reining in the NSA isn’t a simple matter of “ending” their bulk collection program. The devil is truly in the details, and tiny changes in wording can literally mean the difference between something that works and something that’s useless. Or maybe even worse than useless. As Pohlman points out, if you choose the right words, the NSA could end up having a freer hand than they do today. This is something to pay close attention to.

Originally posted here – 

In NSA Bills, the Devil Is in the Details

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Question of the Day: Does Obama Plan to Flood America With Ebola Patients?

Mother Jones

From Fox anchor Megyn Kelly to Rep. Bob Goodlatte, chairman of the House Judiciary Committee:

So do you believe that the administration is planning on bringing Ebola patients from overseas here to America?

Yes, that’s an actual question, and I probably don’t have to tell you what Goodlatte’s answer is. The only thing missing is whether Goodlatte also believes Obama is planning to naturalize these folks by executive order so they can vote in Tuesday’s election.

Original link:

Question of the Day: Does Obama Plan to Flood America With Ebola Patients?

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Republicans Coming On Strong in Last Week Before Election

Mother Jones

It’s now seven days until Election Day, and unfortunately things are trending pretty badly for us liberal types. The ABC/Washington Post poll on the right shows that Democrats and Republicans are pretty much all planning to vote for their own party next week, which leaves the election in the hands of independents. That turns out to be grim news. We can argue all day long about whether independents are “really” independent, but at this point it doesn’t matter. They represent about a third of the electorate, and at the moment they favor Republican candidates by nearly 20 percentage points.

There doesn’t seem to be any specific issue driving this. People are just generally unhappy. A huge majority think America is on the wrong track; Obama’s approval rating remains mired only slightly above 40 percent; and far more people blame Democrats than Republicans for the rising dysfunction of the federal government.

That last point is especially galling for Democrats, but it’s a win for Republicans and yet another sign of change in the way Washington is likely to work in the future. Republicans have discovered that a sufficiently united party can obstruct everything and anything but largely escape blame for the resulting gridlock. This lesson has not been lost on Democrats, and it bodes ill for the future regardless of who wins our next few elections. There’s just no reward for getting things done these days, and this probably means that less and less will get done. That’s Political Economy 101 for you.

See original article here – 

Republicans Coming On Strong in Last Week Before Election

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John Boehner Still Hasn’t Sued Obama Over Obamacare. Why Not?

Mother Jones

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Three months ago, John Boehner threw a bone to the tea-party faction that was nipping at his heels and demanding action against the lawless tyrant Obama and his executive orders that routinely defied both the Constitution and the duly enacted laws of the land. The bone took the form of a planned lawsuit against the administration because it had delayed certain aspects of the employer and employee mandates under Obamacare.

At the time, I was perfectly OK with Boehner doing this. Why not let courts decide this kind of dispute, after all? That’s what they’re for. What’s more, unlike most of the tea party complaints about lawless behavior, this one seemed at least defensible. And yet, three months later, we still have no lawsuit. Why? Simon Lazarus and Elisabeth Stein suspect that it has to do with Boehner asking for some legal advice from the Congressional Research Service and then quietly getting a report that he wasn’t expecting:

CRS reports such as this one are generated in response to requests by members or committees of Congress, though the CRS does not make public the identity of the requester or requesters. This particular report — of which House Democrats were unaware until it appeared — bears the earmarks of an inquiry, requested by the Speaker or his allies, to give some color of legitimacy to their charges of rampant presidential illegality. Instead, the result validates the lawyers’ maxim not to ask a question when unsure of the likely answer.

The Report offers two conclusions: First, under the Administrative Procedure Act (APA), no rulemaking procedure was necessitated by the Administration’s initial one-year delay in enforcing the employer mandate, past the ACA’s prescribed January 1, 2014 effective date….Second, the Report states that, when, in February 2014, the Administration announced an additional year’s postponement of full enforcement of the mandate, until January 1, 2016, “informal rulemaking procedures” appeared to be required. In fact, as the report’s authors reference, the Administration had engaged in precisely the type of informal rulemaking process that, the report concluded, was called for. The Administration’s action finalized a September 2013 Notice of Proposed Rulemaking, making adjustments in response to comments from interested parties, precisely as prescribed by the APA.

In other words, having been asked whether the Obama administration had crossed all its t’s and dotted its i’s, the CRS’ answer was unequivocal: yes it had. In bland CRS-speak, this seems like a veritable finger in the eye — or perhaps, a blunt warning to the Speaker to drop the lawsuit project.

Oops. This doesn’t mean Boehner can’t still file his lawsuit, of course. It was all pretty much symbolism and bone-tossing in the first place, so it hardly matters if he ends up losing the case a year or two from now. But it could have proven embarrassing, especially if the CRS report became public, which, inevitably, it did. This stuff never stays under wraps forever.

So perhaps Boehner has decided to hold his fire. He has bigger fish to fry right now, and I doubt he was ever all that excited about the lawsuit anyway. For now, it’s become just another shard on the ever-mounting bone pile of tea party outrage about a president doing stuff they don’t happen to approve of.

Continued:

John Boehner Still Hasn’t Sued Obama Over Obamacare. Why Not?

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Quick Treatment Update – And Thanks

Mother Jones

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I had my first round of chemo about six hours ago, and I had no reaction at all. No nausea, no vomiting, no nothing. I ate lunch an hour afterward. Obviously this may change as things progress, but so far I seem to be tolerating the treatment regimen well. That’s good news. And my back continues to slowly get stronger and less painful.

The outpouring of prayers and good wishes has been genuinely heartening. Thank you to everyone for all the comments, tweets, and emails. They truly mean a lot to me. And to Nora and Jason from Chicago: Thanks for the flowers! They’re lovely.

On a related note, several people have asked if I need any financial help. As it happens, MoJo provides excellent health coverage (mine is through Kaiser), so I’m well covered on that front. Beyond that, as many of you know, my previous career has left me in very good financial shape. So I’m one of the lucky ones: All I have to do is worry about following my treatment plan and getting better. I have no money worries, and plenty of family and friends (and cats!) rooting for me and ready to take care of me when I need help.

That’s the latest. And here’s the best news: Depending on how things go tonight, I may be able to go home tomorrow. Hooray!

More here – 

Quick Treatment Update – And Thanks

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Friday Cat Blogging – 24 October 2014

Mother Jones

We’re a little late with catblogging today, but that’s not bad under the circumstances—which partly include all those meddling doctors with their tests and pills and questions, but are actually mostly technological. For the most part, the Windows tablet and the new phone have been godsends in the hospital. The Windows tablet, running standard—and fully synced—Firefox, allows me to blog with no trouble, unlike either my iPad or Android tabs. Windows OneDrive gives me access to every picture I’ve ever taken of the cats. And the hotspot on the phone is fast and reliable, unlike the hospital WiFi system.

Unfortunately, I don’t have Photoshop installed, and probably never will since it’s now astronomically expensive and available only by subscription. Even the simplest image editing is a trial with only MS Paint to work with, so any post with a picture is sort of torturous to publish.

But I’m a professional, and nothing is too much work for my loyal readers. So here you go. That’s Hopper on the right, grooming a slightly bemused Hilbert, who joined in a few seconds later and turned both cats into blurs.

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Friday Cat Blogging – 24 October 2014

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Students at a Nebraska High School Can Now Pose With Guns in Their Senior Portraits

Mother Jones

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Seniors at Broken Bow High School in Nebraska have been granted their God-given right to pose with guns for their upcoming senior portraits, just as long as the photos are taken off campus and done “tastefully.”

“The board, I believe, felt they wanted to give students who are involved in those kinds of things the opportunity to take a senior picture with their hobby, with their sport, just like anybody with any other hobby or sport,” Superintendent Mark Sievering explained to local paper, the Omaha World-Herald.

One would think such a bizarre proposal would prompt some level of debate, a modicum of sane opposition! After all, we’re talking about mere teenagers eerily striking poses with weapons in their adolescent hands. Alas, the idea was met with a unanimous yes by all members of the Broken Bow school board.

“For me as a sportsman, I think the policy’s important because it allows those kids who are doing those things a chance to demonstrate what they’re doing and to celebrate that. I think that’s important and fair in our country,” board member Matthew Haumont said.

As for the “tasteful” requirement, that means classy poses only folks: no photos with weapons pointed at the camera, no brandishing of weapons, and no “scantily clad girls.”

Link:

Students at a Nebraska High School Can Now Pose With Guns in Their Senior Portraits

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Yet More Housekeeping

Mother Jones

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How much detail do you want about my medical woes? Well, I’m bored, so you’re going to get more.

By the time you read this, I should be sedated and ready for a something-plasty, a procedure that injects bone cement into my fractured L3 lumbar vertebra. In other words, I will become a low-grade Wolverine in one teeny-tiny part of my body. According to the doctors, the cement dries instantly and should relieve my back pain almost completely. It sounds too good to be true, and of course it’s always possible that I have some other source of back pain in addition to the compression fracture. But this should help a lot.

There is more to this story, and hopefully tomorrow will wrap everything up as all the rest of the test results come back. I’ll keep you posted.

On a related subject, I have to say that the Irvine Kaiser hospital is excellent. I have a very nice little single room with good visiting accommodations. It features all the usual annoyances of a hospital, some of which have made me grumpy, but everyone has been very nice and professional. They’ve made my stay about as nice as it could be under the circumstances.

Original source:

Yet More Housekeeping

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Friday Cat Blogging – 17 October 2014

Mother Jones

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I don’t know about you, but I could stand to have catblogging a little earlier than usual this week. What you see here is one of the many cat TVs now installed in our home. This is the dining room TV. There are also cat TVs in the kitchen and the study. The kitchen TV apparently has most of its good shows at night, and it’s not clear what those shows are about. But they are extremely entrancing.

The dining room TV, by contrast, is sort of our workhorse cat TV. They both love it all day long. Needless to say, this is something new for both Hopper and Hilbert, since they spent the first ten months of their lives in a shelter, where cat TV mostly just starred other cats. Who knew there were so many other channels to choose from?

Excerpt from – 

Friday Cat Blogging – 17 October 2014

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Talk, Talk, Talk to Your Kids

Mother Jones

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I’ve long been sort of interested in the ongoing research that shows the importance of building vocabulary in children. This is famously summarized as the “30 million word gap,” thanks to findings that high-income children have heard 30 million more words than low-income children by age 3. But apparently new research is modifying these findings somewhat. It turns out that quality may be more important than quantity:

A study presented on Thursday at a White House conference on “bridging the word gap” found that among 2-year-olds from low-income families, quality interactions involving words — the use of shared symbols (“Look, a dog!”); rituals (“Want a bottle after your bath?”); and conversational fluency (“Yes, that is a bus!”) — were a far better predictor of language skills at age 3 than any other factor, including the quantity of words a child heard.

….In a related finding, published in April, researchers who observed 11- and 14-month-old children in their homes found that the prevalence of one-on-one interactions and frequent use of parentese — the slow, high-pitched voice commonly used for talking to babies — were reliable predictors of language ability at age 2. The total number of words had no correlation with future ability.

In practice, talking more usually leads to talking better, so there’s probably a little less here than meets the eye. Still, it’s interesting stuff. Regardless of parental education level, it turns out that simply interacting with your newborn more frequently and more conversationally makes a big difference. So forget the baby Mozart, all you new parents. Instead, just chatter away with your kids. It’s cheaper and it works better.

Excerpt from:  

Talk, Talk, Talk to Your Kids

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