Monday, 16 May 2016

Hacked By XwoLfTn

Hacked By XwoLfTn

Long life for Tunisia 
long life to Palestine



Saturday, 20 February 2016

The full SCOTUS, ctd.

Oh, this is rich! In a Washington Post op-ed Thursday, “Democrats shouldn’t rob voters of chance to replace Scalia” (18 February 2016), Mitch McConnell and Chuck Grassley were so solicitous of the voting rights of the American people as it regards the replacement for the late Antonin Scalia. “Given that we are in the midst of the presidential election process, we believe that the American people should seize the opportunity to weigh in on whom they trust to nominate the next person for a lifetime appointment to the Supreme Court.”

Okay, I’m not a senator, let alone the majority leader or the chair of the Committee on the Judiciary, but I’ve known for years that my vote for a president included, among many other things, my choice of who would nominate a new Supreme Court justice if a vacancy arose, and that, barring his own death, resignation, or conviction following impeachment, that the president I was helping elect that day would serve a term starting at noon on the 20th day of January of the following year, and would continue for four years.

If I Were King, I think I’d see what could be done about teaching the basics of our governmental system in the schools. All of them. Just to make sure that future political leaders would have a basic understanding of how things worked, instead of understanding nothing while developing rare expertise in defeating or sidestepping the laws. It’s worth a shot, even if too late for those that are already in office.

Friday, 19 February 2016

The full SCOTUS

Oliver Wendell Holmes, Jr – 1841 – 1935

When Antonin Scalia left us last weekend, I had mixed thoughts. I rarely, if ever, agreed with his opinions, but I did enjoy reading them. Perhaps not on the level of Oliver Wendell Holmes, Jr or Robert H. Jackson, but the man could argue well. But he won’t be writing any more opinions, and though I understand that some decisions that have not been announced have been decided based on his participation, there are a lot of cases to decide between now and the end of June that will be decided by eight justices. It’s important that his seat not remain empty for too long.

Even if a new justice were to be nominated and confirmed in the next 100 days, which is not far from the historical norm, the replacement wouldn’t be sworn in until the last week of May and I don’t think a new justice would actually be voting on cases that had already been heard before he joined the court. Best case, we’re looking for a new justice to be ready for the next term in October.

Robert H. Jackson, 1892 – 1954

The witlings in charge of the Senate have announced that they won’t even consider a nomination until after the next president is sworn in. Now whoever is elected in November will certainly have a candidate in mind by the inauguration, so it’s quite possible that the next justice would be nominated on 20 January 2017, at which point the Senate Judiciary Committee would start hearings and all the fun would begin. A hundred days later would be the end of April, by which point the bulk of the cases in the next term would have been argued. In effect, the court would be operating with an empty seat for very nearly two terms.

The old white men in charge of the Senate don’t want no black man choosing the next justice, they’ve dissed him every way they could think of and they’re just loving the chance to do it again. They have no logic behind their arguments, there never has been any “unwritten law” about not making judicial nominations during election years. But then nobody thought their arguments had anything to do with their decision. If anything, they should be worried about the lifestyles and the coronary fitness of Alito, Roberts, and Thomas. (It certainly was inconsiderate of Justice Scalia to die at this particular moment, don’t you think? Of course, even Mitch McConnell and Ted Cruz are bright enough not to actually say that!) They don’t like Obama, they can’t wait for him to go away, and they’re going to ramp up their already-legendary obstructionist tactics.

If I Were King, of course the parliament would be involved, that “advise and consent” process in our constitution is a fine and valuable thing. But I’m not, and all thinking persons are going to need to put the heat on their senators this spring, because a big bunch of them want to take their ball and go home, a sorry bunch of spoiled children.

Monday, 15 September 2014

Protect the Internet

Waiting until the last minute as is my normal pattern, I have finally posted a comment to the Federal Communications Commission regarding Proceeding 14-28 titled “Protecting and Promoting the Open Internet”. Today is the deadline but I assume that everyone that actually has concerns about this topic knows that and is either suffering from procrastination like I have been or has already filed their comment, so this isn’t necessarily a call for you to get cracking and get your comment in too. On the other hand, if you haven’t yet planned to do this, you should: FCC Send Us Your Comments page

For the record, although my comments will appear on the FCC’s site in a day or so, here’s what I had to say:

Much of my life depends directly on an open and free-flowing internet. A part of this is that on a very small scale I am a web developer and hosting service. This represents a significant portion of my work and my income. In addition to that, I get virtually all of my news online. The vast majority of my communications come in and go out through the medium of e-mail. Although telephone calls to my immediate area are carried over copper pairs provided by Whidbey telecom, my local telco, most of my calls travel over the Internet using VOIP. I don’t watch television, I don’t subscribe to a dead trees newspaper, and the physical mail that comes to my post office box represents a tiny fraction of the incoming information to this household.

It is crucial for me, and I believe for the future of American society, that the Internet continues to serve all of its users, both publishers and consumers as well as merchants and customers, with scrupulous fairness in terms of transmission capacity and speed.

The business model that has made the Internet what it is today is relatively simple. On one side are the consumer facing ISPs who provide transmission to and from their customers, frequently local, who connect via telephone line, cable services, wireless or cellular connection, and doubtless a few creative niche alternatives that I’m forgetting at the moment. On the other side are the publishers of content, essentially anyone with a website, who either develop their own data centers and connections to the broader network or rent facilities from commercial hosts. Between these two sides exists what we call “the cloud”, the backbone carriers and all of the various interconnections and telco hotels that connect the consumer-facing ISPs on the one hand with the publishers on the other, both of whom charge their respective customers for their services, both of whom pay their upstream providers for connections to the cloud.

There has been one addition to this pattern, probably starting with the founding of Akamai in 1998, and that is what’s called the Content Delivery Network. This allows any publisher with a website hosted on a single server to engage the services of a CDN with globally dispersed proxies to speed up the experience of a user in Portland Oregon, for example, when browsing pages of a site located in Miami Florida or London England. Functionally this is an augmentation of the existing cloud. Clients of a CDN are using that system so that their sites appear to be nearby to users regardless of their physical location. Although the acceleration offered by a CDN directly benefits only the users of that system, by taking significant traffic off of the primary backbone providers every web browser in a specific location will tend to see content loading more quickly even on other sites. It’s hard to see this development as anything but positive.

Does such a system create a fast lane and a slow lane for Internet users? I believe the answer to that is clearly negative.

To take the question one step further, will the recent proposals from ISPs like Comcast to publishers like Netflix, in which those publishers pay a premium to those ISPs for faster delivery, create the dreaded two speed Internet? I have no direct knowledge of the mechanism by which this faster delivery will be accomplished, my assumption is that what is being offered is additional bandwidth across the cloud supplementing the current backbone providers. If this is the case, when Netflix pays extra to deliver their content more rapidly to Comcast data centers, all Comcast customers will benefit and no one will be relegated to the dreaded slow lane.

However, this is true only insofar as the ISPs continue to provide the same level of bandwidth between their data centers and the cloud that they were providing before the special service to those high-volume publishers was implemented. If Comcast and and Netflix contract to add a half gigabit per second of direct connectivity between Netflix and a specific Comcast data center, and Comcast maintains their existing cloud connections unchanged, no slow lane is created. In fact, customers viewing other sites will see an improvement in performance during those parts of the day when video traffic from Netflix is highest. However, if Comcast turns around and reduces their existing connections by the same half gigabit per second, customers viewing other content will see no immediate change in performance but over time, with growth in network volumes, their experience will begin to suffer.

Therefore the existence of these additional service contracts between publishers and ISPs has the potential to benefit the public, but only insofar as those ISPs do not reduce their current pattern of connections to the cloud which all their users will be exploiting in common. Whether ensuring that such contracts actually enhance network services requires a redefinition of the Commission’s structural approach to regulating Internet service providers or not is best left to the attorneys, I have no preference either way as long as the result of those contracts is an improvement for all users.

There is one question that has come up in the past that must not be forgotten: any attempt that an ISP might make to prioritize one type of traffic over another or to favor the traffic from one source over another, once that traffic has reached its data centers, must always be prohibited. This must apply regardless of the reason, whether an ISP simply doesn’t like BitTorrent, disapproves the politics of certain sites, or wants to block VOIP traffic to protect their own telephone business is irrelevant, there must be no favoritism shown by an ISP for one packet over another once that packet arrives at the datacenter.

If I Were King, net neutrality would be the law of the land with or without my comments.

Sunday, 14 September 2014

American Nations: A History of the Eleven Rival Regional Cultures of North America

book coverAmerican Nations: A History of the Eleven Rival Regional Cultures of North America
Colin Woodard
Viking Penguin, 2011, 322 pp plus backmatter

In 1991 Joel Garreau, then national news editor for the Washington Post, wrote The Nine Nations of North America. He was attempting to create a system that would help organize the efforts of his reporters when he realized that the news could not be organized geographically along state lines. Instead he defined areas of common social values and trends, only one of which (Quebec) actually followed political boundaries. Colin Woodard saw the organization of North America through a very similar lens, but did not want to create only a snapshot of the current social reality as Garreau had done. Woodard describes the beginnings of each of his eleven “nations”, the personalities and politics that controlled their early days, and the migrations from each.

Woodard’s map has some surprises, he calls New England “Yankeedom” and shows it covering not only the states we normally describe with that term, but also Canada’s Maritime provinces as well as much of Minnesota, all of Wisconsin and Michigan, not to mention Chicago. The Hispanic-influenced region he calls “El Norte” includes Southern California and large parts of Texas but also all or most of several states in northern Mexico which he suggests would be eager to leave Mexico to join an independent nation based on his lines on the map. Like Garreau, Woodard considers Miami to be the capital of a nation that includes all of the Caribbean islands along with most of Central America and the northern coast of South America. Sadly, because this nation is mostly outside of the US he identifies it and then chooses not to cover it.

“Tidewater” is his name for coastal Virginia, North Carolina, and Maryland, the original home of a number of America’s leading thinkers in the early days. In contrast to that, he asserts that those who formed the basis of the “Deep South” came not from Europe like the other settlers but from the plantations of the Caribbean, and that the social structure, most particularly relating to slavery, was entirely different from that of Tidewater. “Greater Appalachia” was formed later in the western parts of Tidewater states, largely by those who had come “from the war-torn borderlands of northern Britain” who sparsely settled an inland area with fiercely-loyal clans and no government.

Woodard speaks with great admiration for what he calls “New Netherlands”, the smallest of his defined areas comprising metropolitan New York City. He discusses the anti-feudal politics of the Netherlands that he says grew out of the reality of individual land owners recovering land from the sea, and that a small polity like the Netherlands had become an aggressive international trade center and the needs of serving an international market had cured it of all the religious and nationalist biases that were so strong in every other area he discusses. Last week we celebrated the 350th anniversary of New York City, starting with the point at which the British Navy occupied New Amsterdam. Rather than attempt a military resistance, the Dutch burghers quickly sought a peaceable surrender. The British recognized the economic value of the community and though they insisted on naming it after the Duke of York they allowed the unique freedoms of the city to be maintained. New York City clearly maintains much of this character to this day, despite the fact that descendents of those burghers no longer represent a significant part of the populace.

By contrast, the nation he calls “Yankeedom” was not oriented towards freedom of the individual, but was committed to communities of like-minded, and like-worshiping, persons. Woodard shows that much of this character is preserved in communities as far west as North Dakota, although the Western areas populated by Yankee migration do seem to have lost all of early Boston’s religious intolerance.

By a delightful fluke it happened that I was reading American Nations at the same time I read James MacGregor Burns’ Fire and Light, a history of the Enlightenment. As much of the political and social development of the original colonies was a reflection of intellectual ferment of the Enlightenment, some of the parallels enlightened me more than perhaps reading either alone would have. I’ll cover that title in a few days.

I greatly enjoyed reading The Nine Nations several years ago and was delighted to see the same concept developed further by Woodard. Although the boundaries defined in the two books are different in detail, that largely reflects the time frames dealt with. Garreau was focused on newsworthy activities during the ’80s and ’90s rather than the origins of regional differences, Woodard’s historical approach naturally led him to focus on the original areas of influence. I don’t think you need to have read The Nine Nations to appreciate the eleven nations, although I certainly commend both titles.

American politics is currently facing significant demographic changes, as old white people like me are dying off, the young continue to insist on thinking differently than their parents and grandparents, and immigrants from Asia and Latin America continue to bring different values along with their exciting culinary contributions. The immediate changes we are facing on this front, potentially delayed one or more presidential election cycles due to low participation on the part of some of the most rapidly growing cohorts, is largely unrelated to the sectional histories Woodard provides, but the processes of change that he limns here provide valuable background to anyone trying to make sense of America’s direction at the start of the third millennium.

Sunday, 7 September 2014

Should we bomb Syria?

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Saturday, 6 September 2014

Comcast and Time Warner Cable merger

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Bank of America’s $17 billion atrocity

The Justice Department is bragging about the $37 billion in fines they’ve assessed related to mortgage-backed securities as well as trumpeting the fact that they’ve started to rake in penalties that exceed the cost of operating the department. The latest and greatest item is the $16.65 billion  settlement with Bank of America over wretchedly-underwritten loans at Countrywide Financial during the height of the housing bubble. I’m hoping to keep this item short, but it’s hard considering how many things are wrong with it.

First, of course, is the question of whether or not these assessments will accomplish anything in terms of changed behavior, which remains to be determined but seems unlikely at the moment. Over the past decade or so we’ve been moving in the direction of fines that, while stunning numerically to most of us, are just seen by the businesses as another cost of the game.

Second is the secrecy with which many of these deals are being hammered out. These are not settlements at trial where the specific misbehavior of miscreant companies is laid out and the disposition of the funds is clearly delineated.

Third is the question of how real the numbers are. In the BoA settlement, some $7 billion is “soft dollars” that the bank will spend on relieving the burdens of individual mortgagors. To start with, many, if not most, of these loans were bundled and sold to investors. If BoA reduces a family’s mortgage balance it’s the investors who are going to be paying the price, although to the extent that BoA is being paid to service those loans their servicing income will likely be slightly reduced going forward. For those loans in which BoA is actually holding the assets, the reduction in principal will reduce income, and thus 35% of those reductions will actually be borne by the Treasury.

Finally, exactly why is BoA being held responsible for Countrywide’s actions taken before they took over? Although the pressure that Hank Paulsen applied to BoA to coerce the takeover of Merrill Lynch in 2009 isn’t as clear here, my recollection is that there was a less overt and less specific pressure from Washington for BoA to take over Countrywide the year before. BoA’s CEO Ken Lewis clearly was acting on his own initiative when the bank bought 17% of Countrywide in 2007, but the complete takeover of Countrywide appeared to be something desired by the government to prevent a financial disaster.

I’m one of the growing number of observers that think a permanent change in corporate behavior requires not fines levied against the companies but prison time for the individuals involved. Even if the natural inclinations of the banks and their boards is to grab every nickle that isn’t red hot or nailed down, if their employees have reason to believe they will be wearing prison jump suits if they cross the line future occurrences will drop.

If I Were King, I would have been delighted to see Countrywide just collapse. I would have been particularly amused if, when the bankruptcy court closed the offices and sold off the assets, the computers were auctioned off for pennies on the dollar to someone who would turn around and wipe the disks and use the systems as the first really big Bitcoin mint. Mortgagors would then see their payments returned “Addressee Unknown” by the post office, and the investors who financed all the paper would discover that there was no way to connect their investments with actual properties. That would have been a fiscal stimulus of the first order! Sure, there would soon have been robo-signers cranking out fraudulent documents to remedy this, as actually happened anyway, but after the first few hundred bankers and lawyers involved were sent up the river that would certainly stop.

Thursday, 28 August 2014

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WWII American Army Medic Desmond T. Doss, who served during the Battle of Okinawa, refuses to kill people and becomes the first Conscientious Objector in American history to win the Congressional Medal of Honor.

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Monday, 4 August 2014

Constitutional Right to Farm

Americans have a pretty reasonable set of rights vis a vis the government, I’d prefer the range were a bit broader but there’s no question that we’re well ahead of almost everybody else in the world. China and Russia may not like it, but their protestations that our rights are some “western conspiracy” are absurd, they grew directly from the early days of the Enlightenment. That may have started with English and French philosophes, but every part of that applies to humans in general rather than humans in a particular place.

One right that we are not guaranteed is a right to farm, but then there doesn’t seem to be a lack of farming, and the constraints on that activity are primarily economic rather than governmental, so it’s no surprise that James Madison didn’t include any reference to agriculture in the Bill of Rights, nor has any subsequent amendment. In Missouri, however, Amendment 1 is on the ballot. The heart of this would amend Article I, Section 35 of the Constitution of Missouri to read:

That agriculture which provides food, energy, health benefits, and security is the foundation and stabilizing force of Missouri’s economy. To protect this vital sector of Missouri’s economy, the right of farmers and ranchers to engage in farming and ranching practices shall be forever guaranteed in this state, subject to duly authorized powers, if any, conferred by Article VI of the Constitution of Missouri.

That certainly sounds like something any Chamber of Commerce or state legislature would go along with, clearly a harmless bit of rural boosterism. Except that the organizers see it as a way to prevent regulation of agriculture, such as attempts by the much hated (at least in Missouri farm country) Humane Society of the United States to advocate rules on the amount of space and fresh air that laying hens must be provided. In North Dakota, the only other state with a similar amendment, there haven’t been any real changes as a result. (I learned of this issue from a New York Times article by Julie Bosman, “Missouri Weighs Unusual Addition to Its Constitution: Right to Farm” in today’s issue.)

But if they reject reasonable regulation of their operations, how far do they intend to go? Will they be spraying the wetlands protected for migratory birds with DDT? Allowing unimpeded fertilizer runoff into streams and rivers? Depleting aquifers for thirsty crops and leaving cities to live on Perrier? What about bringing back slavery? All of these are historically-accepted “farming and ranching practices” in the US.

The vote is tomorrow (5 August 2014), and the farm community has spent over a million dollars pushing it. It’s a primary in a non-presidential year so turnout will be low, hordes of angry farmers arriving at polling places on their tractors could put it over, despite the overwhelming opposition by just about every newspaper in the state.

If I Were King I’d just smile, knowing that much of the country’s strength, as the early leaders of the Enlightenment knew, is based on the ability of the citizens to organize and campaign to change the way they are governed. Regardless of who is in charge, or whether this is adopted at the polls, this case may make the farmers feel better but won’t change much.

Update – 6 August 2014 – Amendment 1 passed with a 50.1% yes vote. The Missouri secretary of state has until 26 August to certify the results, at which any person who voted against it can demand a recount based on the slim margin. I’m not sure whether to be appalled or amused at the possible legal antics to follow.