cryptogon.com

The 6,780 reports, current as of this month, comprise over 127,000 pages of material on some of the most contentious issues in the nation, from the U.S. relationship with Israel to the financial collapse. Nearly 2,300 of the reports were updated in the last 12 months, while the oldest report goes back to 1990. The release represents the total output of the Congressional Research Service (CRS) electronically available to Congressional offices. The CRS is Congress’s analytical agency and has a budget in excess of $100M per year.

Open government lawmakers such as Senators John McCain (R-Arizona) and Patrick J. Leahy (D-Vermont) have fought for years to make the reports public, with bills being introduced–and rejected–almost every year since 1998. The CRS, as a branch of Congress, is exempt from the Freedom of Information Act.

CRS reports are highly regarded as non-partisan, in-depth, and timely. The reports top the list of the “10 Most-Wanted Government Documents” compiled by the Washington based Center for Democracy and Technology[1]. The Federation of American Scientists, in pushing for the reports to be made public, stated that the “CRS is Congress’ Brain and it’s useful for the public to be plugged into it,”[2]. While Wired magazine called their concealment “The biggest Congressional scandal of the digital age”[3].

Although all CRS reports are legally in the public domain, they are quasi-secret because the CRS, as a matter of policy, makes the reports available only to members of Congress, Congressional committees and select sister agencies such as the GAO.

Members of Congress are free to selectively release CRS reports to the public but are only motivated to do so when they feel the results would assist them politically. Universally embarrassing reports are kept quiet.

Each time the topic of opening up the reports comes up, it runs into walls erected by opposing lawmakers such as Sen. Ted Stevens (R-Alaska), who “like many members of Congress, views CRS as an extension of his staff,”. If the reports were made public, “every time a member requests a particular document, the public may infer that he’s staking out a particular policy position.” (Aaron Saunders, Stevens’ spokesman, Washington Post, 2007)[4].

However that hasn’t stopped a grey market forming around the documents. Opportunists smuggle out nearly all reports and sell them to cashed up special interests–lobbyists, law firms, multi-nationals, and presumably, foreign governments. Congress has turned a blind eye to special interest access, while continuing to vote down public access.

Opposition to public availability comes not only from members of Congress but, also, from within the CRS.

One might think that the CRS, as an agency of the Library of Congress, would institutionally support having a wider audience. But an internal memo reveals the CRS lobbying against bills (S. Res. 54 and H.R. 3630) which would have given the public access to its reports (Project on Government Secrecy, FAS, 2003)[5].

The primary line pushed by the CRS is the one that appeals most to Congressional members–open publication would prevent spin control. The memo states this in delicate terms, referring to such spin failures as “Impairment of Member Communication with Constituents”.

Of course the CRS doesn’t really care about politicians facing much needed voter discipline, but it does have reasons of its own to avoid public oversight. Institutionally, the CRS has established an advisory relationship with members of Congress similar to the oversight-free relationship established between intelligence agencies and the office of the President.

Free from meaningful public oversight of its work, the CRS, as “Congress’s brain”, is able to influence Congressional outcomes, even when its reports contain errors. Arguably, its institutional power over congress is second only to the parties themselves. Public oversight would reduce its ability to exercise that influence without criticism. That is why it opposes such oversight, and that is why such oversight must be established immediately.

In 1913 Supreme Court Justice Louis Brandeis, a forceful proponent for open government, stated “Sunlight is the best disinfectant; electric light the most efficient policeman”. Those wise words are still true today.

Law enforcement authorities in this East Texas town of 1,000 people seized property from at least 140 motorists between 2006 and 2008, and, to date, filed criminal charges against fewer than half, according to a review of court documents by the San Antonio Express-News.

Virtually anything of value was up for grabs: cash, cell phones, personal jewelry, a pair of sneakers, and often, the very car that was being driven through town.

Some affidavits filed by officers relied on the presence of seemingly innocuous property as the only evidence that a crime had occurred.

Linda Dorman, an Akron, Ohio, great-grandmother had $4,000 in cash taken from her by local authorities when she was stopped while driving through town after visiting Houston in April 2007. Court records make no mention that anything illegal was found in her van. She’s still hoping for the return of what she calls “her life savings.”

Dorman’s attorney, David Guillory, calls the roadside stops and seizures in Tenaha “highway piracy,” undertaken by a couple of law enforcement officers whose agencies get to keep most of what was seized.

Guillory is suing officials in Tenaha and Shelby County on behalf of Dorman and nine other clients whose property was confiscated. All were African-Americans driving either rentals or vehicles with out-of-state plates.

Guillory alleges in the lawsuit that while his clients were detained, they were presented with an ultimatum: waive your rights to your property in exchange for a promise to be released and not be criminally charged.

He said most did as Dorman did, signing the waiver to avoid jail.

The state’s asset seizure law doesn’t require that law enforcement agencies file criminal charges in civil forfeiture cases. It requires only a preponderance of evidence that the property was used in the commission of certain crimes, such as drug crimes, or bought with proceeds of those crimes.

That’s a lesser burden than is required in a criminal case. And it allows police departments and prosecutors to divvy up what they get from such seizures — what critics say is a built-in incentive for unscrupulous, underfinanced law enforcement agencies to illegally strip motorists of their property.

Some lawmakers, fed up with calls from irate constituents, say enough is enough. Sen. John Whitmire, D-Houston, chairman of the Senate Criminal Justice Committee, said the state’s asset forfeiture law is being abused by enough jurisdictions across the state that he wants to rewrite major sections of it this year.

“The idea that people lose their property but are never charged and never get it back, that’s theft as far as I’m concerned,” he said.

Sen. Juan “Chuy” Hinojosa, D-McAllen, believes some law enforcement agencies in his cash-strapped district in the Rio Grande Valley have become so dependent on the profitable seizures that they routinely misapply the state’s civil forfeiture law.

“In a lot of cases, they’re more focused on trying to find the money than in trying to find the drugs,” he said.

That means law enforcement agencies in the Valley tend to target vehicles heading south into Mexico rather than northbound cars, Hinojosa said, because the southbound vehicles are more likely to be transporting cash — the profits from the drug trade — as opposed to just the drugs.

The intelligence centre will store names, addresses, telephone numbers, seat reservations, travel itineraries and credit card details for all 250m passenger movements in and out of the UK each year.

The computerised pattern of every individual’s travel history will be stored for up to 10 years, the Home Office admits.

The government says the new database, to be housed in an industrial estate in Wythenshawe, near Manchester, is essential in the fight against crime, illegal immigration and terrorism. However, opposition MPs, privacy campaigners and some government officials fear it is a significant step towards a total surveillance society.

Chris Grayling, shadow home secretary, said: “The government seems to be building databases to track more and more of our lives.

“The justification is always about security or personal protection. But the truth is that we have a government that just can’t be trusted over these highly sensitive issues. We must not allow ourselves to become a Big Brother society.”

Some immigration officials with knowledge of the plans admit there is likely to be public concern. “A lot of this stuff will have a legitimate use in the fight against crime and terrorism, but it’s what else it could be used for that presents a problem,” said one.

“It will be able to detect whether parents are taking their children abroad during school holidays. It could be useful to the tax authorities because it will tell them how long non-UK domiciled people are spending in the UK.”

The database is also expected to monitor people’s travel companions.

Phil Woolas, the immigration minister, defended the plans. “The UK has one of the toughest borders in the world and we are determined to ensure it stays that way. Our high-tech electronic borders system will allow us to count all passengers in and out and targets those who aren’t willing to play by our rules.”

In a report last week, the House of Lords constitution committee, whose members include Lord Woolf, the former lord chief justice, called for a significant cutback in the state’s surveillance powers.

It said Britain’s traditions of privacy and democracy were under threat from pervasive and routine electronic spying and the mass collection of personal information.

The Wythenshawe spy centre will house more than 300 police and immigration officers. A similar number of technicians will help check travellers’ details against police, MI5, benefit agency and other government “watch lists”.

The exact location of the new database is a secret within Whitehall, although Jacqui Smith, the home secretary, accidentally let slip during a public talk to officials late last year that it was in the Manchester area. All staff have now been instructed to refer to it only as “a new operations centre in the northwest”.

The database is the unpublicised part of the government’s so-called “e-borders” programme, intended to count everyone who comes in and out of the country by 2014. At the moment the UK Border Agency is running a pilot which monitors the travel movements of passengers on “high-risk” routes from a small number of airports, including Heathrow and Gatwick.

Some 70m passenger movements have been tracked to date, but this is expected to increase to 100m by the end of April. Officials hope that by the end of next year 95% of the 250m annual passenger movements will be logged in the database.

The origins of e-borders stem from 2005 when Tony Blair, then prime minister, was unable to say, during a television interview with the BBC’s Jeremy Paxman, how many failed asylum seekers were in Britain.

Under the scheme, once a person buys a ticket to travel to or from the UK by air, sea or rail, the carrier will deliver that person’s data to the agency.

The data is then checked against various watchlists to identify those involved in abuse of UK immigration laws, serious and organised crime, and terrorism.

At the moment limited information about selected routes and travellers is kept on the pilot database run by the agency at an office in Hounslow, west London. In future, all such data will automatically be sent in bulk to the new database, instead of being released in response to specific requests by the authorities.

Victoria state Premier John Brumby described the fire zone as “hell on earth” after touring devastated areas and meeting victims. The toll in lives and destruction was sure to rise further, officials said.

At least 700 homes were destroyed in Saturday’s inferno when searing temperatures and wind blasts produced a firestorm that swept across a swath of the country’s Victoria state, where all the deaths occurred.

Witnesses described seeing trees exploding and skies raining ash as temperatures of up 117 Fahrenheit combined with blasting winds to create furnace-like conditions.

On Sunday, temperatures in the area dropped to about 77 F but along with cooler conditions came wind changes that officials said could push fires in unpredictable directions.

Killed while fleeing
Residents were repeatedly advised on radio and television announcements to initiate their “fire plan” — whether it be staying in their homes to battle the blaze or to evacuate before the roads became too dangerous. But some of the deaths were people who were apparently caught by the fire as they fled in their cars or killed when charred tree limbs fell on their vehicles.

On Sunday, the scene in at least two regions — the town of Marysville and several hamlets in the Kinglake district, both about 50 miles north of the state capital of Melbourne — was utter devastation.

At least 18 of the deaths were from the Kinglake area, where residents said the fire hit with barely any notice.

Mandy Darkin said she was working at a restaurant “like nothing was going on” until they were suddenly told to go home.

“I looked outside the window and said: ‘Whoa, we are out of here, this is going to be bad,’ ” Darkin said. “I could see it coming. I just remember the blackness and you could hear it, it sounded like a train.”

The result will be a “dramatically different” NSC from that of the Bush administration or any of its predecessors since the forum was established after World War II to advise the president on diplomatic and military matters, according to national security adviser James L. Jones, who described the changes in an interview. “The world that we live in has changed so dramatically in this decade that organizations that were created to meet a certain set of criteria no longer are terribly useful,” he said.

Jones, a retired Marine general, made it clear that he will run the process and be the primary conduit of national security advice to Obama, eliminating the “back channels” that at times in the Bush administration allowed Cabinet secretaries and the vice president’s office to unilaterally influence and make policy out of view of the others.

“We’re not always going to agree on everything,” Jones said, and “so it’s my job to make sure that minority opinion is represented” to the president. “But if at the end of the day he turns to me and says, ‘Well, what do you think, Jones?,’ I’m going to tell him what I think.”

The aircraft were unable to download their flight plans after databases were infected by a Microsoft virus they had already been warned about several months beforehand.

At one point French naval staff were also instructed not to even open their computers.

Microsoft had warned that the “Conficker” virus, transmitted through Windows, was attacking computer systems in October last year, but according to reports the French military ignored the warning and failed to install the necessary security measures.

The French newspaper Ouest France said the virus had hit the internal computer network at the French Navy.

Jérome Erulin, French navy spokesman told the paper: “It affected exchanges of information but no information was lost. It was a security problem we had already simulated. We cut the communication links that could have transmitted the virus and 99 per cent of the network is safe.”

However, the French navy admitted that during the time it took to eradicate the virus, it had to return to more traditional forms of communication: telephone, fax and post.

Naval officials said the “infection”‘ was probably due more to negligence than a deliberate attempt to compromise French national security. It said it suspected someone at the navy had used an infected USB key.

The Sicmar Network, on which the most sensitive documents and communications are transmitted was not touched, it said. “The computer virus problem had no effect on the availability of our forces.” The virus attacked the non-secured internal French navy network called Intramar and was detected on 21 January. The whole network was affected and military staff were instructed not to start their computers.

According to Liberation newspaper, two days later the chiefs of staff decided to isolate Intramar from the military’s other computer systems, but certain computers at the Villacoublay air base and in the 8th Transmissions Regiment were infected. Liberation reported that on the 15 and 16 January the Navy’s Rafale aircraft were “nailed to the ground” because they were unable to “download their flight plans”. The aircraft were eventually activated by “another system”.

Liberation also reported that Microsoft had identified the Conficker virus in the autumn of 2008 and had advised users from October last year to update their security patches. IntelligenceOnline reports that “at the heart of the (French) military, the modifications were, for the most part, not done.” It was only on the 16 January “three months later” that the navy chiefs of staffs began to act.

“At that point, the chiefs of staff and the defence ministry had no idea how many computers or military information systems were vulnerable to having been contaminated by the virus,” said Liberation.

“The worst cannot be ruled out,” Strauss-Kahn said in Kuala Lumpur, where he was attending a gathering of central bankers from Southeast Asia. “There’s a lot of downside risk.”

Ten days ago, the IMF cut its world-growth estimate for this year to 0.5 percent, the weakest pace since World War II. Stimulus packages alone won’t succeed in dragging the global economy out of recession unless confidence is restored in the banking system, Strauss-Kahn said today.

“All this will work if, and only if, the different countries are likely to do what they have to do in terms of restructuring the banking sector,” he said. “And today it’s not done.”

The U.S. economy has lost 3.57 million jobs since a recession started in December 2007, its biggest employment slump of any economic contraction in the postwar period as companies from Macy’s Inc. to Caterpillar Inc. cut costs. The U.K. economy will shrink this year by the most since 1946, the IMF forecasts.

The latest incident, which led to an FBI investigation, occurred in December but was never disclosed to the public.

University officials said there was no health threat.

The remains of the dead mice were contained in a red hazardous waste bag being stored in a locked freezer, according to the researchers. But an animal care supervisor could not account for them while preparing to sterilize and incinerate them.

In September 2005, the same lab discovered three live mice infected with plague missing from multiple cages. Officials then said the animals had likely died.

University officials yesterday said they immediately contacted the Centers for Disease Control and Prevention, the FBI and state health officials in December upon learning of the missing remains, but withheld information from the public until The Star-Ledger began asking questions. They subsequently released a report about the matter in a mass e-mailing to the university community, saying they did not want employees, students and professors to read about the incident in the newspaper.

FBI officials confirmed the December incident.

“As a matter of protocol in this type of matter, the FBI was called in to investigate and we determined there was no nexus to terrorism or risk to public health,” said Bryan Travers, a spokesman for the FBI office in Newark.

The state Department of Health and Senior Services said it had also been notified of the situation, “and we are very confident that the appropriate authorities are investigating,” said spokeswoman Donna Leusner.

University officials defended their decision to keep the matter confidential.

“If this were a public health risk, we couldn’t afford to keep it a secret,” said Diane Weathers, UMDNJ’s senior vice president for university advancement and communications. “Plague sounds like it is Black Death. It would have been irresponsible to raise concerns.”

The UMDNJ facility — the Public Health Research Institute — is a leading center for research on infectious diseases. It has a Level 3 biocontainment lab that works with diseases that are lethal or can cause serious health problems, including bubonic plague, pneumonic plague, West Nile virus and typhoid fever.

The mice were part an ongoing work in a federally funded biodefense program to find vaccinations that could be effective for the plague, which terrorism experts fear could be used as a biological weapon.

Lab officials said the mice were infected with the bacterium Yersinia pestis, which causes bubonic and other forms of plague — an infectious disease that has claimed more than 30 million lives through history and even today sparks fear and panic around the world, although with modern antibiotics, plague can be treated if quickly diagnosed.

David Perlin, the director of the Public Health Research Institute, said the discovery that the infected mice carcasses were missing came on Dec. 19, while the remains of hundreds of subject animals were being sterilized and incinerated. He said they believed two bags stuck to each other and were autoclaved together, but said they notified authorities because they had to rule out any possibility of foul play.

An FBI agent was on site later that same day, and the lab staff was interviewed throughout the weekend by the FBI.

According to Perlin, all evidence collected to date indicates that the bag containing the two missing mice was frozen to another bag and both bags were sterilized and incinerated simultaneously.

“I’m confident we run a safe and secure facility. We run a first-rate operation, and we will be out of business fast if people don’t believe we have credibility,” he said. “We have very strict controls. Safety. Security. Everything. But you’re always running the risk of even a very small minor incident, which is what this is.”

Richard H. Ebright, a Rutgers University microbiologist who has been a critic of the government’s rapid expansion of bioterrorism labs, said while the likelihood is that someone made an accounting error, it was a potentially embarrassing situation for UMDNJ.

“It is essential where such activities are carried out that security is at the highest levels and records be maintained for a long period of time, if not indefinitely,” Ebright said.

“He saw what he perceived as a threat and thought he was shot, and based on that both officers discharged their firearms,” said Dino Bardoni, commander of investigations.

No one was hurt in the 11:24 p.m. incident at North Sanborn Road and Freedom Parkway, but the couple’s SUV was riddled with bullet holes and its rear window was shattered.

Police are releasing few details about the incident or case and have characterized it as a “priority investigation,” Bardoni said.

It’s the fourth officer-involved shooting in the city in the past seven months, two of which were fatal.

Interim Police Chief Daniel Ortega refused to discuss the most recent case, referring all questions to Bardoni.

Bardoni said the incident began when one officer stopped the vehicle because one of its license plate lights was not working. He was joined shortly thereafter by a second officer.

Bardoni said the primary officer was in the midst of contacting the vehicle’s occupants, a driver and passenger, when the problem began.

“He was walking up to them, nothing out of the ordinary,” Bardoni said, when there was the perception of a threat and the officer thought he’d been shot.

Police later determined that the couple was unarmed.

Neither of the vehicle’s occupants was arrested or cited.