20080626

I've Seen the Future, and It Has a Kill Switch

Bruce Schneier

It used to be that just the entertainment industries wanted to control your computers -- and televisions and iPods and everything else -- to ensure that you didn't violate any copyright rules. But now everyone else wants to get their hooks into your gear.

OnStar will soon include the ability for the police to shut off your engine remotely. Buses are getting the same capability, in case terrorists want to re-enact the movie Speed. The Pentagon wants a kill switch installed on airplanes, and is worried about potential enemies installing kill switches on their own equipment.

Microsoft is doing some of the most creative thinking along these lines, with something it's calling "Digital Manners Policies." According to its patent application, DMP-enabled devices would accept broadcast "orders" limiting capabilities. Cellphones could be remotely set to vibrate mode in restaurants and concert halls, and be turned off on airplanes and in hospitals. Cameras could be prohibited from taking pictures in locker rooms and museums, and recording equipment could be disabled in theaters. Professors finally could prevent students from texting one another during class.

The possibilities are endless, and very dangerous. Making this work involves building a nearly flawless hierarchical system of authority. That's a difficult security problem even in its simplest form. Distributing that system among a variety of different devices -- computers, phones, PDAs, cameras, recorders -- with different firmware and manufacturers, is even more difficult. Not to mention delegating different levels of authority to various agencies, enterprises, industries and individuals, and then enforcing the necessary safeguards.

Once we go down this path -- giving one device authority over other devices -- the security problems start piling up. Who has the authority to limit functionality of my devices, and how do they get that authority? What prevents them from abusing that power? Do I get the ability to override their limitations? In what circumstances, and how? Can they override my override?

How do we prevent this from being abused? Can a burglar, for example, enforce a "no photography" rule and prevent security cameras from working? Can the police enforce the same rule to avoid another Rodney King incident? Do the police get "superuser" devices that cannot be limited, and do they get "supercontroller" devices that can limit anything? How do we ensure that only they get them, and what do we do when the devices inevitably fall into the wrong hands?

It's comparatively easy to make this work in closed specialized systems -- OnStar, airplane avionics, military hardware -- but much more difficult in open-ended systems. If you think Microsoft's vision could possibly be securely designed, all you have to do is look at the dismal effectiveness of the various copy-protection and digital-rights-management systems we've seen over the years. That's a similar capabilities-enforcement mechanism, albeit simpler than these more general systems.

And that's the key to understanding this system. Don't be fooled by the scare stories of wireless devices on airplanes and in hospitals, or visions of a world where no one is yammering loudly on their cellphones in posh restaurants. This is really about media companies wanting to exert their control further over your electronics. They not only want to prevent you from surreptitiously recording movies and concerts, they want your new television to enforce good "manners" on your computer, and not allow it to record any programs. They want your iPod to politely refuse to copy music a computer other than your own. They want to enforce their legislated definition of manners: to control what you do and when you do it, and to charge you repeatedly for the privilege whenever possible.

"Digital Manners Policies" is a marketing term. Let's call this what it really is: Selective Device Jamming. It's not polite, it's dangerous. It won't make anyone more secure -- or more polite.

FCC Free Wireless Spectrum Equals Censorship Technology Bonanza

By David Kravets

The Federal Communications Commission is seeking comments on a proposal to open up a swath of spectrum to provide free wireless internet -- one of the FCC's "goals of achieving the universal availability of broadband access."

But as with all free things, there's a hitch. The winner of the spectrum, 25 percent of which must be available for free internet access, is required to filter out pornography and "any images or text that otherwise would be harmful to teens and adolescents."

The filtering device, "a network-based mechanism," as the FCC calls it, "must be active at all times" on that free service. The connection would have laudable surfing speeds with "engineered data rates of at least 768 kbps downstream."

But it's unclear what would be left to surf under the censorship rules, a question that leads us here at Threat Level to suggest there's more here than meets the eye.

The required filtering mechanism, according to the FCC, is one "that filters or blocks images and text that constitute obscenity or pornography and, in context, as measured by contemporary community standards and existing law, any images or text that otherwise would be harmful to teens and adolescents. For purposes of this rule, teens and adolescents are children 5 through 17 years of age."

We at Threat Level suspect this broad censorship plan has little to do with government morals and government opposition to underwriting the delivery of pornography into America's living rooms. It's more likely the censorship rules are crafted to minimize opposition from ISPs, which would certainly go bust if there were a free, uncensored internet.

More important, however, to comport with the censorship rules, the spectrum would become a playground for real-world testing of filtering, throttling, eavesdropping and other protocols, a platform whose users, most likely the poor, are its guinea pigs.

Here is a copy of the proposal, FCC-158, (.pdf) which includes information where to send comments.

The American Workplace Is Stuck in the '50s

By Sarah Sattelmeyer and Margy Waller

Wages are in the gutter. Work-life balance is out of whack. When will workplace policy catch up with the changing landscape of America's workforce?

It's not your grandfather's labor market.

What changed? A generation ago, a typical American household consisted of a family with two parents: a working father, who often earned enough to support the entire family, and a stay-at-home mother. Today, however, most households with children need the incomes from two jobs to make ends meet. One of the most significant trends over the past 50 years has been the movement of women, especially mothers, into the paid labor force. Now that most women have entered the workforce, a two-parent, middle-income family has a husband working full-time and a wife working approximately three-quarters of full-time.

Complicating efforts to manage work-life responsibilities, employer work schedules can be inflexible and many working women must work irregular hours that include nights, evenings and weekends. One-third of working women work shifts that differ from those worked by a spouse or partner. Between 1979 and 2004, the combined annual hours of work among families with children rose by 18 percent, the equivalent of every family putting in an additional 13.5 weeks of full-time work per year.

Today, in 70 percent of households, all adults work, resulting in an increasing number without a stay-at-home parent or primary caretaker. While family dynamics and living arrangements have changed, the typical requirements of work have not, creating a mismatch between workplace expectations and workforce needs. Nearly half of all employees report conflicts between jobs and other responsibilities, more so than a generation ago, and many workers do not have access to opportunities to balance work-life responsibilities, such as paid sick days, family and medical leave, or flexibility in the workplace.

Today, workers need to be able to make use of a variety of work-life policies. Our national work-life policies must also address the needs of people living alone, a living arrangement that has grown dramatically since the 1950s, when only 9 percent of households consisted of people living alone. By 1970, people living alone represented 17 percent of households. In the 1990s, the number had grown to 21 percent, more than all other types of living arrangements. By 2005, 26 percent of households consisted of people living alone, and the percentage exceeded that of households made up of married parents and their own children. People living alone also need time off to deal with responsibilities of extended family and other obligations. Unlike the occupants of households with more than one adult, people living alone must deal with these obligations on their own.

A new labor standard for paid sick days

Despite these shifts in our society and labor force, only about 50 percent of workers are offered paid sick days. A mere 39 percent of low-wage jobs offer any paid sick days for personal illness, compared to 79 percent of jobs held by higher-wage employees. While many higher-income workers also benefit from the Family and Medical Leave Act adopted during the Clinton-Gore administration, workers who cannot afford to go without the income from work are less likely to use the federally guaranteed unpaid leave. Nearly three-quarters of all workers who benefit from family and medical leave policies earn $30,000 or more annually. Among workers who needed leave but did not take it, not being able to afford unpaid leave was the most commonly reported reason.

Even occasional job-protected unpaid sick days or leave to handle community or household responsibilities are not an option for many low-wage workers. Workers fear job loss or disciplinary action (such as fewer or less desirable shift assignments) for taking time off. Only about one-third of all jobs provide employees complete or much control in scheduling work hours. About 38 percent of jobs held by low-wage and low-income employees are low-flexibility jobs, compared to 19 percent of other jobs.

Our public and private policy must acknowledge this reality and provide ways to turn low-wage jobs from bad jobs into better jobs. Given these gaps, a new labor standard -- like the national minimum wage created by federal law -- establishing a universal right to take time off for short-term illness would strengthen our labor market and turn millions of bad jobs into better ones.

A comprehensive set of work-life policies would be a significant step in enhancing our labor market standards. Strengthening the labor market in this way requires that decision-makers acknowledge these changes in our labor market and living arrangements, including the growth of single, single-parent, and two-working-parent households.

No single policy will address all situations, so policymakers and employers must consider a full menu of options that meet varying needs.

Workplace flexibility an emerging idea

Emerging work-life policies redefine success in the workplace to include a worker's ability to meet work and other obligations. For example, leaders in the United Kingdom established the right of workers to request flexible working arrangements in the Employment Act of 2002. This act makes it possible for workers who are caring for children under the age of 6 to request flexible work arrangements from their employers, but it does not obligate an employer to grant a work request. U.K. leaders created this right to accommodate the needs of caretakers and their employers and to encourage dialogue about and consideration of flexible work solutions that work for both parties. In 2006, after broad agreement about the success of the act, leaders expanded it to allow "carers" of adults to request flexibility.

Surveys of employers and employees about the impact of the U.K. law show widespread satisfaction. Both employers and employees report that the vast majority of requests are granted. Moreover, the government officials' analysis of the survey results finds that employers understand the benefits of work-life policies for the workplace and employees. In the United States, policymakers and employers are exploring replication of the U.K. law with legislation and practice, incorporating better use of technology, cross-training, and employee engagement practices to ensure that workers have appropriate levels of workplace flexibility.

Employers benefit from adopting new policies

While many U.S. employers do voluntarily provide some flexibility for workers when they have an emergency, too many workers do not have the flexibility and predictability of scheduling they need to accommodate other life activities. Employers may feel that it is difficult to meet unanticipated need for time off, and small businesses in particular may be reluctant to deal with additional staff planning for time off. Yet, many employers have used public and private policy to balance these competing interests.

Despite an initial investment, costs for implementation of workplace flexibility are relatively small compared with the workforce, economic and community benefits that result. Employer benefits include improved employee retention, positive human capital outcomes and a more productive workforce, all of which can lead to stronger financial performance, especially for retail companies whose employees often have a direct relationship with customers.

Employers also see improved productivity and "positive business results" after implementing work-life policies. For example, researchers reporting on a 2002 Watson Wyatt study found that "companies that provide more flexible work arrangements" could see as much as a 3.5 percent rise in shareholder value.

In addition, work-life policies can improve mental health and reduce stress, and thus reduce employee health care costs. Stress at work can increase employees' unscheduled absences, and health care expenditures are nearly 50 percent greater for U.S. workers who report high levels of stress.

Public dialogue critical for policy change

Recent evidence of public concern about both public capacity to manage work-life policy and interference in employment policy suggests that a new dialogue about these policies will be required for successful implementation. Funders and other stakeholders should support research designed to develop a dialogue that builds public will.

No single policy can solve the current mismatch between labor market standards and changes in workforce and workplace practice. Supporters of policy solutions will need to recognize employer and public concerns and develop a public dialogue to meet the needs of today's workforce and labor market, and to produce positive social and economic results for all of us.

20080624

Feds charge S.C. trooper in taped car ramming

Cop: ‘Trying to hit him’

March 21: Some state troopers are under federal investigation for chasing and hitting suspects with their police cars — and it happened on camera. NBC’s Mark Potter reports.

Federal prosecutors on Tuesday charged a South Carolina state trooper with striking an African-American man with his patrol car, while videotaping the incident with the cruiser's dashboard camera, NBC News reported.

Federal authorities launched the investigation into the South Carolina Highway Patrol after dashboard camera videos recorded the trooper using a racial slur and two other troopers ramming their cruisers into fleeing suspects.

A federal grand jury charged Lance Cpl. Steve C. Garren with intentionally striking the man, who was injured in the car ramming. The indictment accuses Garren of violating the civil rights of the victim to be free from unreasonable police conduct.

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The Highway Patrol released two videos, both from 2007, showing troopers using their cars to ram suspects.

In one of those tapes, Garren allegedly drives after a black man on foot, striking him when he crosses in front of Garren's cruiser. The man was sent flying into high grass on the roadside.

"Yeah, I hit him. I was trying to hit him," Garren, who is white, can be heard telling another trooper. Garren received a three-day suspension, which he appealed.

Judge Rules That Police Can Bar High I.Q. Scores

A Federal judge has dismissed a lawsuit by a man who was barred from the New London police force because he scored too high on an intelligence test.

In a ruling made public on Tuesday, Judge Peter C. Dorsey of the United States District Court in New Haven agreed that the plaintiff, Robert Jordan, was denied an opportunity to interview for a police job because of his high test scores. But he said that that did not mean Mr. Jordan was a victim of discrimination.

Judge Dorsey ruled that Mr. Jordan was not denied equal protection because the city of New London applied the same standard to everyone: anyone who scored too high was rejected.

Mr. Jordan, 48, who has a bachelor's degree in literature and is an officer with the State Department of Corrections, said he was considering an appeal. ''I was eliminated on the basis of my intellectual makeup,'' he said. ''It's the same as discrimination on the basis of gender or religion or race.''

20080623

The man who fell off a sofa while laughing at Have I Got News For You - and ended up in court

A man was handcuffed, arrested and dragged before a court after falling off the settee with laughter while watching Have I Got News For You.

Christopher Cocker, 36, was enjoying the BBC1 show when a joke made by panellist Paul Merton had him doubled up with laughter.

He collapsed on the floor - but the thud startled his downstairs neighbour who, believing he had collapsed, called police.

Officers arrived and said Cocker was initially co-operative but became 'aggressive' when they asked his name and tried to shut his front door.

He was eventually disabled with parva spray through the gap and arrested.

Jonathan Taylor, defending, said: 'The officer accepts in his statement that he struck my client and then sprayed him again.

'He was handcuffed and unceremoniously thrown into the back of a police van. When he ended up in a police cell he was asking himself how all this had happened.'

Mr Taylor told Blackburn Magistrates' Court, Lancs., said that having informed the police he was the only one in the flat and he was fine, his client could not understand why they wanted his details.

'With hindsight he should just have told the police what they wanted to know and they would have gone on their way,' said Mr Taylor.

Cocker, of Blackburn, Lancs., pleaded guilty to resisting a police officer and was given a conditional discharge for six months following the incident on May 20.

A charge of assaulting PC Michael Davies was withdrawn.

Speaking after the hearing, Cocker said he had been in his flat minding his own business.

He said: 'I can't believe it - I was thrown in the back of a police van before being stripped naked and put in a cell.

'I was handcuffed behind my back and my ankles bound with plastic ties before six of them carried me to the van.

''It was something Paul Merton said and I remember falling of the settee, I didn't think it would end up in court.

'I hadn't had a drink or anything, I was just watching TV and all this happened. Paul Merton is one of my favourites. He's really funny.'

Prosecutor Alex Mann said the police went to ensure everything was all right and spoke to Cocker who was 'co-operative and relaxed' and he assured the officers everything was fine.

'He only became worked up when the police asked for his details,' said Mrs Mann.

'The police tried to explain they just needed the name for the report but he became aggressive and started swearing at the officer.'

After the hearing Joan Codling, 57, who lives in the flat below and made the call to police, said she contacted officers after being concerned that he may have fallen ill.

She said: 'I was worried in case he was having an epileptic fit. There was a lot of noise and I didn't know what to do so I called the police.'

A police spokesman said Cocker became 'aggressive' towards the officers who feared for their own safety.

The spokesman said: 'Parva spray was used to stop any confrontation and was necessary to protect the officers and any members of the public who were around at the time.

'Within the circumstances, we feel we used reasonable force.'

I'm Voting Republican!

When Riding the Bus Turns into a Ticket to Jail

By Caroline Kim and Jenna Loyd

Border Patrol agents are checking the citizenship status of travelers passing through by bus and train every day in New York, deporting immigrants.

In December 2007, Artemio and two of his friends were traveling by bus through Syracuse, New York on their way to their homes in Mexico. Rather than celebrating Christmas with their families, however, the three men were arrested by immigration agents at a bus station. They were then detained at a county jail before being transferred to the ICE facility in Batavia, New York, and eventually deported to Mexico.

U.S. Customs and Border Protection, also known as the Border Patrol, confirms that its agents in Syracuse, Rochester and Buffalo check the citizenship status of travelers passing through by bus and train every day. These three cities are within 100 miles of the US-Canadian border. But more important than the border zone is the location of these cities on a major transportation corridor linking the Northeast (New York City and Boston) with the Midwest (Cleveland and Chicago). Border Patrol agents use Syracuse's location as the functional equivalent of the border to police people traveling within the interior of the country.

Agents check for citizenship in the bus and train station -- often waiting at the Greyhound ticket counter, or watching people as they disembark for food -- and onboard buses and trains already filled with passengers. People who have witnessed or been subject to Border Patrol agents questioning describe two practices: agents explicitly target a group of people or ask everyone on board about their citizenship status.

According to reports from the Detainment Task Force, a Northern New York group, people routinely singled out for questioning include those who appear to be Mexican, Central American, South Asian, Asian, Afro-Caribbean, or Middle Eastern. Border Patrol officials deny that the agency racially profiles, insisting that they look for suspicious behaviors and, "question people with blond hair and blue eyes as much as anyone else." But common understandings of race in the U.S. fuse nationality and ethnicity so that some groups are permanently deemed to be "foreign."

The story of Tomas, who is from Guatemala, illustrates the ways in which law enforcement's use of racial profiling -- and the collaboration of local law enforcement with Border Patrol agents -- impedes people's ability to travel.

In July 2007, Tomas and his friend Salvador were driving to a doctor's appointment. As they pulled out of the toll plaza from the I-90 throughway in Syracuse, a state trooper stopped them. Tomas has a valid U.S. driver's license and a properly registered vehicle. The state trooper gave no indication of why he had stopped the vehicle, but he did ask Tomas and Salvador about their immigration status and then called Border Patrol agents. "The police officer stopped us because we have Hispanic faces," Tomas said.

Tomas has had the same experience traveling by bus. Last October he was traveling to Syracuse on Greyhound when Border Patrol agents boarded the bus at the Rochester bus station. "The Border Patrol agents questioned all the Hispanic, Middle Eastern and Asian passengers," he recalled. "They did not question any of the white passengers except some women who were wearing veils. Border Patrol had dogs with them and checked the whole bus. They even looked in the bathroom."

A separate incident occurred in December when Tomas was at the Syracuse bus station with another friend. They were speaking to each other in Spanish as they approached the ticket counter where a Border Patrol agent was stationed. "As soon as the Border Patrol agent heard us speaking Spanish, he asked me for my papers," he said.

Even when Latino travelers produce documents proving their legal status, they are not safe from harassment.

When Tomas finally boarded the bus and arrived in Rochester, Border Patrol was there as well. "I saw them [Border Patrol] on the platform questioning two Hispanic men. The men gave them permanent resident cards. The Border Patrol agent didn't believe them. He took the cards and called somewhere else. The men had to wait for twenty minutes." The two men were eventually released.

Tomas's testimony is not unique. A professor at Syracuse University who is a naturalized citizen originally from the Dominican Republic has been questioned multiple times in his travels and a Syracuse University student who is a U.S. citizen of South Asian descent was separated from his wife, a legal permanent resident, and both interrogated about their status.

Racial profiling is never just an inconvenience; it systematically diminishes the civil rights and protections for entire groups of people. It is done to the Black community and the practice has now been extended to anyone who looks to be an immigrant. While most people of color are targeted, those who are most vulnerable are people whose visas have expired and unauthorized migrants for whom boarding a Greyhound bus becomes a ticket to jail. In Syracuse alone, multiple families have been separated for the crime of traveling while undocumented.

There is a seeming perversity to arresting migrants who are leaving the country as in the case of Artemio and his friends. But, this is now part of the country's increasingly criminalized migration policy. The Los Angeles Times reported last month on outbound border checkpoints near San Diego-Tijuana where a Border Patrol official explained, "If our officers come upon people who are here illegally . . . regardless of whether they're leaving the country, we detain them, make a record of the fact they were here illegally and return them to Mexico." This practice is reminiscent of Operation Streamline, a Border Patrol operation in Tucson, AZ that prosecutes and jails unauthorized border crossers. Currently, the U.S. Senate's Border Security and Enforcement First caucus is trying to expand this practice nationwide.

The criminalization of migration strips people of their rights and protections and solidifies racial and class hierarchies in the process. Turning the Syracuse bus and train station into a migrant policing checkpoint is one place in which we can see how the spectacles of "secure borders" and "dangerous foreigners" works to also produce a rights-less and more exploitable workforce.

Watch a video documenting an actual raid on a Greyhound bus, filmed by Andrew Burton, a Syracuse University junior journalism student and winner of a 2008 Hearst Journalism Award.

The New Surveillance Bill: The Worst of Both Worlds

By Aziz Huq

On fundamental matters of privacy and accountability, the new FISA Amendments Act reduces the separation of powers to a check-the-box exercise.

Months of troubled negotiations over new surveillance legislation ended in the House of Representatives today, with the approval of the so-called FISA Amendments Act of 2008. Hailed in some quarters as a "compromise" after the capitulation of the Protect America Act of 2006, the new surveillance bill is nothing of the kind: on core issues of privacy and accountability, there is no compromise, since little in the measure honors those two values.

Since the New York Times's revelation of massive illegal surveillance by the NSA, electronic privacy has been a battlefield for claims of executive power and civil liberties. In 2006, the Administration used the shadow of midterm Congressional elections to stampede both Houses into temporary authorization of sweeping new powers in the Protect America Act (PAA). The measure's grants of new authority had sunset clauses, which expire either immediately before or after the 2008 elections.

The PAA set the scene for another legislative bait-and-switch: On the cusp of national election contests, the Administration rang alarms of crisis, claiming the nation is losing spying capabilities. Legislators inclined to protect civil liberties weighed their exposure to soft-on-security attacks against their allegiance to constitutional values. Either way -- in terms of raw power or partisan advantage -- the Administration and its supporters win.

House Democratic leadership agreed to support the measure -- seemingly out of fear of losing conservative Democrats to an even weaker proposal. But it is the worst of both worlds. It contains just enough of a pretense of accountability to allow the legislators to claim a victory for civil liberties, as it sells out core principles of accountability and privacy.

Begin with accountability. Since the enactment of the PAA, the Administration and its allies have pushed for legislative immunity for the telecommunications companies that aided the NSA's illegal spying from 2001 until 2005. (Those companies are the defendants in multiple suits, presently consolidated before the Ninth Circuit Court of Appeals, challenging their complicity in past illegal wiretapping).

They argue that protection is necessary to ensure future cooperation, even though the telecoms were not deterred by the fact their past actions were clearly in violation of federal law.

In fact, immunity is on the White House front burner for wholly different reasons: pending lawsuits against the telecoms are the best opportunity for the American public to learn what kind of illegal surveillance occurred under Bush's watch, and how existing law against warrantless wiretapping was circumvented. As bad as the telecoms will look, the Administration will look worse as more of its cynical and results-oriented reasoning and contempt for constitutional rights is fully aired.

At first blush, the new bill seems to be a fair compromise. Under Section 802, pending lawsuits are not automatically dismissed. They are not even moved to the secretive FISA court, as an earlier proposal would have done. Rather, the district court in each case is required to dismiss a case provided that a defendant telecom can show that it acted with the "authorization" of the President and also with a certain kind of "written request or directive." The bill then provides an elaborate description of that directive: it can be from the Attorney General, or the head of "an element of the intelligence community" (or from their deputy), and must say simply that the surveillance was determined to be lawful. The bill does not say who must have made this determination.

According to a report in the Washington Post, this provision would give courts "the chance to evaluate whether telecommunications companies deserve retroactive protection from lawsuits." But the provision does nothing of the kind. Rather, the court can only look to see if the defendant has the piece of paper described in the law, and if it does, the court must dismiss the case. By interposing a certification requirement, and directing judicial attention to a piece of paper, the bill fends off judicial scrutiny of what in fact occurred.

And there is every reason to believe that the telecom defendants will have the necessary piece of paper. Indeed, there is every reason to believe that the bill has been carefully written to track the precise piece of paper the telecoms have -- otherwise, why list both the Attorney General and the heads of intelligence community elements? And why include the weird codicil about the deputies of one but not the other?

House minority whip Roy Blunt of Missouri has all but confirmed that the law was drafted to give the pretense of judicial review without the substance: "The lawsuits will be dismissed," Blunt explained, "and we feel comfortable that the standard of evidence that the law requires will be easily met."

The bill, in short, is worse than granting absolute immunity: it is an effort to suborn the legitimacy of the federal courts by having a judge rubber-stamp the dismissal of cases against the telecoms without looking at the substance of what, in fact, was done. It reduces the separation of powers to a check-the-box exercise.

The bill does no better on privacy matters -- the question of new surveillance power. Title I of the measure grants the executive branch new surveillance powers for collecting the communications of persons overseas. Although it contains several provisions that purport to shelter Americans' privacy both at home and overseas, these parts of the bill are rendered irrelevant by the grant of sweeping collection authorization.

Under the bill, the government can create new surveillance programs, each lasting a year, that focus on "persons reasonably believed to be located outside the United States." Provided that spying agencies do not "intentionally target" someone "known" to be in the United States, or intend to target "a particular, known person reasonably believed to be in the United States" (and with some other minor caveats), large-scale acquisition of data is permitted.

To be sure, the bill then installs judicial review of such collection efforts -- but the courts will not examine the actual surveillance programs, let alone individual cases of surveillance. Again, the bill interposes a certification requirement between the court and the facts.

Specifically, the role of judges is limited to ascertaining whether the Attorney General has completed a certification promising that either he has followed the law, or that he will follow the law soon. If the Attorney General cannot meet even this spectacularly low bar, the bill gives the government time to amend and to re-file the certificate. Something even Alberto Gonzales could manage.

This is a radical break from the FISA regime created in 1978, and risks severe harm to Americans' privacy interests. The most important break with FISA is the absence of any individualized warrant requirement: it is now whole collection programs that are authorized and reviewed. And the abandonment of discrete, individualized legislative authorization and judicial review is only the first of the bill's troubling features.

The new provisions also allow the government to create sweeping new programs that are formally targeted at overseas persons, but that predictably sweep in large. The provision's loose language about targets -- who do not in fact have to be overseas, only reasonably believed to be overseas -- gives the government substantial latitude in crafting the parameters of its searches. Past experience gives no cause for confidence on this point. If the bill is enacted, Americans could simply no longer have confidence that calls placed or received from abroad would be private.

Democrats have emphasized new Section 102, which affirms that the act is "the exclusive means" for electronic surveillance for national security ends. But this was the provision in the original FISA that the Bush Administration circumvented. Re-enacting a notional rule that has been flagrantly violated for half a decade, and whose violation continues to be defended and even celebrated, is hardly a victory for civil liberties.

All this is too high a cost in the phony war over privacy. Despite the repeated cries of crisis, there is no verifiable evidence -- and nothing at all beyond the self-serving complaints of Bush Administration Cassandras -- that the pre-PAA regime under the FISA Act was fundamentally flawed. If the PAA wholly lapses, it is certain that the nation's security will not collapse. When the FISA Amendments Act of 2008 passes the Senate -- as it almost certainly will next week -- we can be certain that it will be the privacy rights of Americans, and their ability to hold government accountable, that will suffer.

20080622

Exploring the neurochemistry of fairness

By John Timmer

For many humans, interactions with their fellows are driven in part by an innate sense of fairness. People often base their own actions on what they perceive as being fair, and will frequently attempt to punish those who violate that sense. The complex behavior associated with the sense of fairness can be studied though a simplified test called the "Ultimatum Game." New results published in Science suggest that behavior in these studies can be easily manipulated by treatments that subtly alter the chemistry of the brain.

For a relatively simple test, the Ultimatum Game (UG) has a large number of implications for a number of fields, from ethics to economics. The UG starts with a set amount of money; one participant gets to decide the percentage of that money that's shared with a second. If the second accepts that offer, they keep the money; if the offer is rejected, neither participant gets any money. Each participant only takes part in the UG once, to avoid issues with retribution or cumulative anger.

At its heart, the UG represents a peek into notions of fairness and how we police them. In purely economic terms, any offer should be accepted, since some money is better than none. But humans don't display rational economic behavior here. They're generally happy to accept a deal that's within 10 percent of an even split of the money. But their actions appear dominated by a sense of fairness, as rejection rates climb to over 50 percent by the time an offer drops to 30 percent of the total cash. The response also suggests a social dimension, as people are willing to punish the perceived unfairness in others, despite the personal cost.

An innate sense of fairness

The fact that the UG works similarly across cultures has suggested that humans have an innate sense of fairness, which is consistent with the fact that many groups operate under something similar to the "golden rule," despite significant religious and cultural differences. These findings have been used to argue that there has been a selective advantage for those humans who have evolved behaviors that help them operate as part of social groups.

The new research shows that, despite the apparent significance of this behavior, it's remarkably easy to manipulate responses to the UG by tweaking brain chemistry. The authors of this study recruited volunteers that ingested a drink that was either a placebo, or one that would produce a short-term drop in the neurotransmitter serotonin. Five hours later, when serotonin levels should be stably depleted, the subjects with reduced serotonin rejected unfair offers at significantly higher rates than the placebo population. No difference in behavior was detected in offers that are typically viewed as fair.

This follows results from last year, published in the open access journal PLoS one. In that study, researchers were able to manipulate the generosity of offers by altering levels of the neural hormone oxytocin, which is implicated in forming trusting familial bonds. Those with elevated oxytocin made offers that were 80 percent more generous than the placebo controls.

These studies suggest that a basic aspect of human behavior, one that may be a critical contributor to our ability to function in social contexts, is quite sensitive to basic brain chemistry. At a time when there is a great deal of interest in the use and developments of drugs that manipulate this chemistry, they serve as excellent reminders that these drugs will necessarily have side effects and unintended consequences.

"Your actions make me cry at night"

20080621

Police to Seal Off D.C. Neighborhoods

Can you say Police State? The Examiner has the scoop on a controversial new program announced today that would create so-called "Neighborhood Safety Zones" which would serve to partially seal off certain parts of the city. D.C. Police would set-up checkpoints in targeted areas, demand to see ID and refuse admittance to people who don't live there, work there or have a “legitimate reason” to be there. Wow. Just, wow.

Some of the words used to describe such a plan by those quoted in the Examiner story include "breathtaking" and "cockamamie," but that hardly begins to scratch the surface. Interim Attorney General Peter Nickles actually said that measures of this sort have "been used in other cities.” Which cities are those, Mr. Nickles? Warsaw?

Today's proposal appears to be a desperate attempt by the city to tamp down recent violence that has ravaged the city, especially in Ward 5. The "Neighborhood Safety Zones" would last up to 10 days. It's a struggle to think of words to describe such a plan other than authoritarian or ghettoization.

The full description of this plan from the mayor's press release is below.

The Neighborhood Safety Zone initiative has been developed to help increase security for those who live in high-crime areas around the city and to help residents reclaim their communities. The program will authorize the Metropolitan Police Department to set up public safety checks to help safeguard community members and create safer neighborhoods in the District by increasing police presence aimed at deterring crime.

The safety zones will be established only upon request by a District Commander where there is evidence to support the existence of neighborhood violent crime, such as intelligence, violent crime data, police reports and feedback and concerns from the affected community.

Potential Neighborhood Safety Zones must be approved by the Chief of Police, and will be in effect for a maximum of 10 days. Public safety checks will be established along the main thoroughfares of the established neighborhoods. Anyone driving into a designated area may be asked to show valid identification with a home address in that neighborhood, or to provide an explanation for entering the NSZ, such as attending church, a doctor’s appointment or visiting friends or relatives. Pedestrians will not be subject to the public safety checks.

“The Neighborhood Safety Zones is just another tool MPD will employ to stop crime before it happens. The Neighborhood Safety Zone initiative will help residents terrorized by violent crime to take back their neighborhoods,” said Chief Lanier.

Initiatives such as the Neighborhood Safety Zones have been accepted by federal courts as a legitimate law enforcement practice in keeping with the Constitution’s Fourth Amendment. The constitutionality of the NSZ initiative has been reviewed by the D.C. Office of the Attorney General.

The NSZ will be launched next week in the Trinidad area.

Scenes from a group marriage

I was a normal 9-year-old boy with two parents. And then, after a fateful camping trip, I had four.

By Laird Harrison

June 4, 2008 | One day in the summer of 1971, my parents held hands, closed their eyes and jumped out of their conventional marriage into something strange and new. I was 9 years old at the time, and we were camping at Betsy Lake in the High Uintas Wilderness with another family of five. We were halfway into the camping trip when the six of us kids realized our parents had mixed and matched: My father was in the tent with their mother, and their father was in the tent with my mother.

No sound came from either tent. I remember the smell of mosquito repellent. I remember gray ripples in the lake, squirrels scrambling up pine bark and us kids nervously discussing. I remember trying to believe my life hadn't shot off its safe, predictable tracks.

Of course, it had. We began seeing the other family at least once a week; one of my parents spent each Sunday at their house and one of theirs at mine. And then we all moved in together. The arrangement felt uncomfortable, if only because no one else's parents were doing anything like it. One day, as I lay reading on my bed, the girls from the other family came downstairs with moving boxes in their arms. That night, the adults erected a screen to separate the dining room from the living room. In place of our dark varnished table and the buffet with its china and silver appeared a king-size bed. Downstairs, the salt-and-pepper sofa and the desk where my father tracked investments gave way to bunk beds for two of the girls. Over the next few days, my brother and I learned to grab for our bathrobes when our new sisters slipped through our room on the way to the toilet in the morning. They learned to duck behind closet doors when we trespassed through their bedroom on our way upstairs.

Fiction about the 1970s -- including "The Ice Storm" or the new "Swingtown" TV series -- typically depicts such experiments as frivolous and irresponsible. "How could they have done this to you?" my wife still asks me. It's true that boredom was an element in my parents' motivation. It's also true that the arrangement embarrassed me in front of my friends, and that it threw me off balance at a nervous time of life. But behind that -- at least sometimes -- lay an idealism that has disappeared from the public recollection.

My parents saw themselves as part of a movement, promulgated in visionary writings like Alvin Toffler's "Future Shock." The notion was that an adult could simultaneously maintain more than one intimate relationship as long as all the partners agreed. The movement, which now calls itself "polyamory," is still going, though mostly underground. Webster's accepted the word two years ago.

But my parents didn't take a public stance. They kept their sex lives to themselves; they never suggested I should want to follow their example. And the communal household enjoyed a kind of camaraderie I have never felt since. I liked the party we made when all of us kids sat down to watch "Hogan's Heroes" or danced to the soundtrack from "Cabaret." Over the next two years, I swapped books with my stepsisters, listened in awe to their stories of crushes, exchanged tips on teachers. Their father imparted his love of great music and their mother her passion for cooking. A sort of bond formed among the 10 of us.

I found out it was ending one day, after a tennis lesson, when my mother picked up my brother and me in her blue Dodge Dart with its painted butterflies. I knew from her silence something was wrong. She pulled into the parking lot of a drug store and sat for a moment. Without turning to face us, she said that the two families were splitting into separate households -- but not in the original configurations. My father would live with the other woman, my mother with the other man.

I didn't ask for the story of the foursome's disintegration. Despite the intimacy of our crowded household, or perhaps because of it, we kids refrained from probing the details of the adults' love lives. Instead I stared at the smudged upholstery of the seat in front of me, feeling in my stomach as though we had just driven off a cliff.

Over the next few years, that falling sensation accelerated. My father married the other woman. The other man found a new lover and left my mother. I switched back and forth every six months between my parents' households. For the first time in my life, my mother let me see her tears. I learned to hide mine in my pillow.

Divorce is commonplace now, but group marriage is still weird, almost incomprehensible to most people. Only recently have I overcome the shame that used to make me gloss over that period when I told new friends the story of my life. But now, when I think back, I can see it wasn't the group marriage that cast a lasting shadow on my childhood; it was the divorce. For a few years I'd had something more than a family, then suddenly I had something less. And the loss was wrenching.

This year, my youngest son is 10, as I was at the beginning of my parents' odyssey. His brother is 14 -- close to my age at the end. I've felt for myself the stress that our hyper-individualist culture puts on families. Few of us live with extended family; fewer and fewer of us know our neighbors, go to church or belong to a social club. We measure success by the size of our houses and our paychecks. We see child rearing as a lifestyle choice, not a community endeavor. But two grown-ups sometimes aren't enough to pay the bills, to wipe the noses, to coach the soccer team and listen to the stories of schoolyard bullying. After 17 years, my wife and I are still passionate about each other. I have no desire to engage in the bold sort of experiment my parents took on. But sometimes, even when all four of us are home together, our world feels too small, and I understand the hope with which my parents blindly plunged into uncharted love.

How much more proof can there be?


Transformers T-shirt 'was a security risk'

Brad Jayakody wearing the T-shirt

A man wearing a T-shirt depicting a cartoon character holding a gun was stopped from boarding a flight by the security at Heathrow's Terminal 5.

Brad Jayakody, from Bayswater, central London, said he was "stumped" at the objection to his Transformers T-shirt.

Mr Jayakody said he had to change before boarding as security officers objected to the gun, held by the cartoon character.

Airport operator BAA said it was investigating the incident.

Mr Jayakody said the incident happened a few weeks ago, when he was challenged by an official during a pre-flight security check.

"He says, 'we won't be able to let you through because your T-shirt has got a gun on it'," Mr Jayakody said.

"I was like, 'What are you talking about?'.

"[The official's] supervisor comes over and goes 'sorry we can't let you through and you've a gun on your T-shirt'," he said.

Mr Jayakody said he had to strip and change his T-shirt there before he was allowed to board his flight.

"I was just looking for someone with a bit of common sense," he said.

"It's a cartoon robot - what threat is it to security or offensive to anyone at all?"

A BAA spokesman said there was no record of the incident and no "formal complaint" had been made.

"If a T-shirt had a rude word or a bomb on it, for example, a passenger may be asked to remove it," he said.

"We are investigating what happened to see if it came under this category.

"If it's offensive, we don't want other passengers upset."

MPAA Says No Proof Needed in P2P Copyright Infringement Lawsuits

By David Kravets

The Motion Picture Association of America said Friday intellectual-property holders should have the right to collect damages, perhaps as much as $150,000 per copyright violation, without having to prove infringement.

"Mandating such proof could thus have the pernicious effect of depriving copyright owners of a practical remedy against massive copyright infringement in many instances," MPAA attorney Marie L. van Uitert wrote Friday to the federal judge overseeing the Jammie Thomas trial.

"It is often very difficult, and in some cases, impossible, to provide such direct proof when confronting modern forms of copyright infringement, whether over P2P networks or otherwise; understandably, copyright infringers typically do not keep records of infringement," van Uitert wrote on behalf of the movie studios, a position shared with the Recording Industry Association of America, which sued Thomas, the single mother of two.

A Duluth, Minnesota, jury in October dinged Thomas $222,000 for "making available" 24 songs on the Kazaa network in the nation's first and only RIAA case to go to trial. United States District Court Judge Michael Davis instructed the 12 panelists that they need only find Thomas had an open share folder, not that anyone from the public actually copied her files.

(It is technologically infeasible to determine whether the public is copying an open share folder, although the RIAA makes its own downloads from defendants' share folders, produces screen shots and, among other things, captures an IP address. An Arizona judge ruled last month in a different case that those downloads count against a defendant, a one-of-a-kind decision being appealed on grounds that the RIAA was authorized to download its own music.)

Judge Davis suggested last month that he might have erred in giving that "making available" jury instruction, and invited briefing from the community at large. A hearing is set for August, and the judge is mulling whether to order a mistrial.

The deadline to submit briefs to the judge was Friday. Among the briefs, the Electronic Frontier Foundation, Public Knowledge, the United States Internet Industry Association and the Computer and Communications Industry Association all jointly filed a brief, saying the law did not allow damages for "attempted" copyright infringement.

"Given the serious consequences that flow from copyright’s strict liability regime, the court should resist plaintiffs imprecations to expand that regime absent an unequivocal expression of Congressional intent," the groups wrote, noting that the language in the Copyright Act demands actual distribution to the public of protected works.

It was a similar brief in tone to the one that a group of 10 intellectual property scholars lodged earlier in the week.

But the MPAA, long an ally to the RIAA, which has sued more than 20,000 individuals for file sharing of copyrighted music, told Judge Davis that peer-to-peer users automatically should be liable for infringement.

"The only purpose for placing copyrighted works in the shared folder is, of course, to 'share,' by making those works available to countless other P2P networks," the MPAA wrote.

(Click here for Threat Level's in-depth look at the Thomas case, its implications and Judge Davis' decision to rethink his jury instruction.)

Other groups meeting Davis' deadline include the Intellectual Property Institute at William Mitchell College of Law and the Progress & Freedom Foundation.

20080620

Lakeville police surprise sleeping man with 3 a.m. reminder to lock his doors

Troy Molde awoke at 3 a.m. Thursday to police flashlights shining in his face. Two uniformed Lakeville officers were in his bedroom, knocking on the wall to wake him up.

They were there, they said, to warn him to keep his doors closed and locked.

Their surprise visit was part of a public service campaign. Officers had fanned out across the city, leaving notices on doors to remind residents how to prevent thefts by keeping garage doors closed, not leaving valuables in cars and locking windows or doors.

But at Molde's house, they went further.

His two sons, ages 5 and 7, and 5-year-old twin nephews were having a sleepover in the living room. They awoke to find the officers in the house.

"I was violated, but ... I wasn't physically damaged," Molde said of what he considers an invasion of privacy.

The officers told Molde his garage door was open, the TV was on, keys to his truck were left in the ignition and the door to his house was ajar.

Police said the intrusion was justified because the officers' initial door knocks went unanswered. Police went inside to check if anything was wrong, Sgt. Jim Puncochar said.

He said the kids were afraid to wake their dad, so the officers went upstairs.

"It really was suspicious," Puncochar said.

But Molde, 34, said he went upstairs to bed at midnight. Molde didn't shut the garage door, and he remembers leaving the doors to his house closed — but unlocked. The kids fell asleep watching TV.

Three hours later, he had police in his bedroom. He immediately thought something was wrong.

"I was just dazed," said the 34-year-old dad. "It's not a safe way of (police) protection."

Puncochar said officers left pamphlets Thursday at eight other houses as a friendly reminder of ways residents can avoid becoming victims of crimes, such as burglary.

"We went there to determine that everyone was safe," Puncochar said.

Officers also leave the messages when checking on a home security alarm or to warn of a law violation they see at the residence. The department began using door hangers a year ago to tackle a rise in burglaries in 2006, Chief Tom Vonhof said at the time.

Police say many crimes originate with open garage doors.

Last month, a 52-year-old Burnsville man was stabbed and left to die in his burning town house after two assailants entered his home at 4:30 a.m. by way of an open garage door.

The suspects, who stole the man's car to escape, entered the garage and home through unlocked doors. Police have not found the assailants.

Leaving a door hanger for residents is a method used by other police departments nationally, Vonhof said. It can help create a police presence.

Lakeville police gave Molde a reminder he won't forget anytime soon.

"I haven't figured out what I should do with it yet," Molde said.

20080619

Caring or cruel? Inside the primate laboratory

Anna stares at the computer screen and considers her options. In front of her are two shapes - a flower and a stripy diamond. If she picks the right one she will be rewarded with banana milkshake, but the wrong choice will briefly switch the lights off in her Perspex box. She opts for the diamond and is plunged into darkness.

During the next nine minutes Anna makes the same mistake over and over again. The neuroscientists who designed this experiment are testing how good Anna is at learning new rules. Over the last few weeks she has learned that the diamond was her ticket to a tasty, sugary drink, but this is the first test in which the rules have been reversed. Most of the subjects adapt quickly. But Anna is different.

In March she was subjected to precision brain surgery in which researchers destroyed a small area of her brain. To the untrained eye this has not affected her behaviour at all; she moves, eats and socialises normally. But the experiments are showing that the specific brain region knocked out is crucial for subtle behavioural abilities.

If Anna was human, this experiment would not be possible. But the studies conducted on her and the other marmosets at one of the most controversial research facilities in the UK are providing vital insights into the brain malfunctions that cause psychiatric conditions such as schizophrenia, obsessive compulsive disorder (OCD), attention deficit hyperactivity disorder (ADHD) and depression.

Animal rights campaigners condemn this research as cruel and unnecessary. This week, the renowned primatologist Dr Jane Goodall urged the EU to do more to promote other routes to cures. She advocated a Nobel Prize for alternatives to animal testing. She said: "We should admit that the infliction of suffering on beings who are capable of feeling is ethically problematic and that the amazing human brain should set to work to find new ways of testing and experimenting that will not involve the use of live, sentient beings."

The European commission is reviewing Directive 86/609, which governs animal research across the EU. Goodall and groups who oppose animal experimentation hope to pressure the commission to include a timetable for ending primate testing altogether.

"Primate use is deeply embedded into the system and the prospect of ending it brings significant resistance from some researchers, who have been known to make overblown and unscientific statements about the 'critical necessity' of their research," said a spokesperson for the British Union for the Abolition of Vivisection (BUAV).

The Guardian was granted access to the controversial facility. We were allowed to visit every room in the complex and see every animal on the understanding that we did not reveal its location. The names of workers at the site have been changed to protect their identities.

Despite being a world-class neuroscientist, Jessica, who runs the secret marmoset research facility at a leading UK university, rarely talks openly about her job. "I very seldom tell anyone what I actually do, because you just don't know who you are talking to," she said. Police have found her name on a hit list compiled by animal rights extremists and she is afraid that if her involvement becomes more widely known her home and family might be targeted.

To minimise the chance of her identity being revealed, Jessica has never before talked to a journalist. But now she feels a duty to speak. "I'm fed up with the amount of misinformation that's constantly put out," she said.

She particularly objects to the photographs on anti-vivisection websites depicting monkeys terrified because protesters have broken in during the night or images that are deliberately cropped to make the cages look tiny. They are often decades out of date, she said. "The disorders which we are trying to treat are crippling to people. I would love it if we could just tell the world what we do."

Her anonymous building with mirrored windows looks no different from any other set of academic offices. Inside there is the familiar faint university whiff of the academic coffee room, but here it is mingled with the pungent smell of monkey urine. The marmosets are housed in nine rooms, in cages nearly 3 metres (9ft) high that are full of ladders, beams and ropes. The cages are bespoke, designed specifically with the needs of this species in mind. The monkeys, which are bred on site, live either in family groups of up to 15 or in pairsm, as they would in the wild.

"What we try to do is, as closely as possible, give them all the opportunities they would have in the wild," said Peter, the lab's animal welfare officer. The facility has been visited by marmoset specialists at UK zoos who wanted to learn from the state-of-the-art husbandry that Peter has developed. "I think a lot of people have the idea that you have mad scientists with primates in cages stuck on their desks. That's just not what it is," he said.

In the marmoset kitchen, Peter prepares the monkeys' daily menu. Their basic diet consists of egg and Complan sandwiches, along with pellets that give them the correct balance of minerals. But Peter also includes a dried fruit and nut mix, fresh apples, bananas, pears, grapes and peanuts. Farley's rusks, Heinz banana delight, malt loaf and the marmosets' favourite - mini marshmallows - are also in the larder.

Groups who oppose the use of animals in research claim that scientists force their monkeys to perform by starving them and withholding water. Peter vigorously denied this. Even without the treats they receive during the experiments, he said the animals receive a nutritionally balanced diet. Breeding animals receive exactly the same diet as the experimental monkeys.

"It is restricted. We restrict the times when they have treats. But we are not starving the animals by any stretch of the imagination and we are not dehydrating the animals," he said. Apart from Peter's desire to treat the animals well and his obligation to do so under the strict husbandry regulations stipulated by the Home Office, he said treating the animals badly would be counter-productive, because animals forced into participating in experiments would give unreliable results.

Every monkey has a numbered collar, but each one also has a name. The colony's family tree goes back to 1978 and each year the researchers choose a theme for the names so that it is easy to tell when a monkey was born. Gin and Tonic, for example are two marmosets from 2005, the drink-themed year. Hermione was born in 2003 - the Harry Potter year. This year's dual theme is herbs and cars. "This may sound strange, but I work here because I love animals. It's as simple as that," Peter said.

For those who oppose primate research though, even the best welfare conditions entail suffering. "We know that the heightened sentience, intelligence and emotional needs of monkeys make even day-to-day life in a laboratory cage a grave animal welfare issue - quite aside from the horrifying suffering that can be caused by invasive brain studies or protracted poisoning tests," said the BUAV spokesperson.

And this is the crunch point for many people uneasy about experimenting on the brains of creatures so close in evolutionary terms to ourselves.

To investigate how the monkeys' brains work the researchers must destroy parts of the brain tissue. That involves shaving the marmoset's head, drilling tiny holes into its skull, inserting a needle and injecting a tiny quantity of toxin. To destroy some brain structures, the scientists must make up to eight brain lesions. All of this happens in an operating theatre on site using equipment and anaesthetic the same as would be used in human brain surgery.

The operations, under anaesthetic, last around three hours. Typically, the marmosets take around four hours to come round, at which point they are reunited with their cage mate. They are monitored as they recover from the anaesthetic and a vet is on call for all the monkeys day and night.

One of the post-doctoral researchers introduces a pair of experimental animals, Anna and Hedwig, that underwent brain surgery in March and April respectively. The fur on Hedwig's head is still growing back, but he is bounding around the cage like all the others. "You are a mallow monster - yes," said Sarah in a high-pitched baby voice as she hands a marshmallow through the bars of the cage. She knows 20 animals by sight and said they have unique personalities.

It is Anna's turn for her behavioural test. "I would honestly say that they like testing. If, for some reason, you don't test one for a day they are not happy with you," said Sarah. She places a small Perspex box next to an opening in the cage and Anna jumps in immediately to grab the marshmallow on offer. Sarah takes her to the experimental room where Anna spends a few minutes pressing on the computer screen. Despite failing to receive the milkshake, Anna shows no sign of being stressed by the exercise and she is back in her cage with Hedwig within 10 minutes.

The research in the lab is not aimed at testing the effectiveness of specific new drugs against the simian equivalents of human brain diseases or testing how toxic new products are. They are aimed at understanding the basic neural architecture of primates (including us) so that treatments for brain diseases even become a possibility. One focus is on testing the monkeys' behavioural flexibility and finding out which areas of the brain are responsible. It is these parts of the brain that are altered in conditions such as OCD and ADHD.

OCD patients feel compelled to repeat behaviours such as washing their hands. Anna, returning time and again to the wrong symbol in her computer test, is performing the equivalent behaviour, said Jessica. When OCD patients are given the same rule-changing task they act in the same way. The difference with Anna is that it is possible to work out which part of the brain is responsible for the behaviour and so offer options for treating the symptoms in people.

Jessica is adamant that the insights her team is providing into how the human brain works would simply not be possible any other way. "I really don't believe there is an alternative at the moment," she said. "Tissue cultures don't behave. Imaging can't get at cause and effect. Modelling can't work unless you understand what you are trying to model." No scientist would choose to work on animals unless there was no alternative, she said. It is expensive, bureaucratic and dangerous because of the lengths to which some who oppose the work are prepared to go. "You need to do something for this huge number of people who suffer from these really debilitating psychiatric disorders. We can't do that unless we understand how the brain controls our behaviour."

Critics say using animals in research is simply old-fashioned science. "Urgent action is needed to improve the protection of animals and to replace unethical and outdated animal experiments with non-animal techniques," said Dr Gill Langley of the Dr Hadwen Trust, a non-animal medical research charity. She favours methods such as tissue culture, computer modelling and brain scans, which she says are more advanced and relevant to human patients.

Backstory

Research using non-human primates is the most controversial area of animal research, but it accounts for a tiny minority of experiments. No great apes (chimpanzees, orangutans and gorillas) have been used in experiments in the UK since 1986 and it has been government policy not to use them since 1997. No prosimians (for example, bush babies and lemurs) have been used for several years. Baboons have not been used since 1998. Scientists argue that animal research is highly regulated to ensure it is carried out as humanely as possible. Home office inspectors make unannounced visits to licensed laboratories to check standards of animal welfare. A five-year licence can take six months of detailed work to put together and submit to the Home Office. The research is expensive. Housing a marmoset for a year costs around £4,000; a larger macaque monkey around £18,000.

Teacher's sex-ed talk riles parents


A group of Herriman parents who claim a middle school health teacher gave students information about sex that isn't allowed under state law are working with a lawmaker to seek criminal penalties for such behavior.
Rep. Carl Wimmer, R-Herriman, opened a bill file this week and said he will introduce legislation in January that would enforce criminal penalties on teachers who deviate from state law governing sex education, which requires that it focus on physical and emotional development of adolescents, healthy relationships and the threat and prevention of diseases. The law prohibits promoting or encouraging sexual behavior. His bill also would create a registry to record the names of teachers who violate the law.
"Right now what a teacher is allowed to teach regarding sex education is very clearly defined in statute. The problem is that if a teacher violates that law or if an administrator allows that law to be violated, the only repercussion is administrative," Wimmer said.
Wimmer said he decided to act after hearing this week from parents about an incident at Fort Herriman Middle School. The Jordan School District is investigating allegations that a seventh- and eighth-grade health teacher violated the sex education statute by responding to questions from students about topics beyond the core curriculum, including homosexual sex, oral sex and masturbation.
School staff met with parents Wednesday and Thursday to describe the investigation process, and told them the teacher has been placed on paid administrative leave, probably through the end of the school year.
"The district is conducting an investigation and they are taking this extremely serious," Principal Michael Sirois said. "My job is to get all the information together."
The teacher retired after 30 years in another district and was in her first year at Fort Herriman, according to Melinda Colton, spokeswoman for the Jordan district.
Attempts to reach the teacher Thursday were unsuccessful.
Thursday morning, students put up signs at the school supporting the teacher that read, "We were the ones asking her questions."
Sirois said he took down the signs because he does not want the matter to become divisive while it is still under investigation.
"I'm really angry right now. I want someone to apologize to those kids and say 'I'm sorry this is not part of the curriculum,' " said Sara Dewitt, a parent who said she first heard about the teacher's comments from her child last Friday.
Dewitt called other parents in the area to inform them what she had learned from her son and advised them to talk to their own children.
Dewayne Smith, who is also the parent of an eighth-grade student at Fort Herriman, said he believes parents want the investigation to take its course so there can be a fair and equitable resolution.
A group of about 50 parents has unofficially organized to make sure there are checks and balances in the process.
"We are the parents. . . . We will require accountability on the part of the district," Smith said.

20080618

Smoke a Joint and Your Whole Family Could End Up Homeless

By Tony Newman

For 40 years, we have been waging a "war on drugs." Families are kicked out of housing when many have done nothing wrong.

Drug addiction is bad. But the war on drugs is worse.

Courtland Milloy of the Washington Post wrote a heart-breaking story that exemplifies the wasteful and counterproductive way our society deals with illegal drug use. Mr. Milloy talks about Frances Johnson, a 68-year-old grandmother in Washington, D.C. who faces eviction simply because her grandson was arrested for possessing a small amount of marijuana. The federal government's public housing system has a "one strike and you're out" policy for any drug law violation -- even if that violation occurs miles away from home.

How does our society benefit from making homeless a whole family because of a little bit of marijuana? Why are we punishing Ms. Johnson who herself did nothing wrong? Does anyone really believe such draconian policies will help reduce marijuana use? How will an eviction affect her grandson's chances for recovery? Should any family be kicked out of their home for a loved one's drug use?

Though they contain no racist language, the application of the government's zero-tolerance prohibition policies are overtly racist, classist, ineffective and inhumane. The New York Civil Liberties Union released a report earlier this month that found 83 percent of those charged with marijuana possession over the last 10 years are black or Latino even though federal surveys show that whites are more likely to use pot. If you are poor and live in public housing, your whole family is punished for a drug offense--even for smoking a joint. But if you are middle class and do not rely on public housing or other benefits it is a "personal" issue. Despite our arresting a staggering 800,000 people for marijuana last year, marijuana is as easily available as ever -- to find some, just inquire around your local high-school.

For 40 years, we have been waging a "war on drugs." Just what does our $40 billion-a-year drug war get us? Our prisons are exploding with nonviolent drug offenders; families are kicked out of housing when many have done nothing wrong; thousands die from street violence generated by prohibition's lucrative black market; and drugs remain as plentiful and easy to obtain as ever.

Enough is enough. Ms. Johnson should not be more "collateral damage" from this unwinnable war.

Amnesty International State of Human Rights Report, 2008: USA

UNITED STATES OF AMERICA

Head of state and government George W. Bush
Death penalty retentionist
Population 303.9 million
Life expectancy 77.9 years
Under-5 mortality (m/f) 8/8 per 1,000

The US authorities continued to hold hundreds of foreign nationals at the US Naval Base in Guantánamo Bay, Cuba, although more than 100 were transferred out of the facility during the year. Detainees in Guantánamo were held indefinitely, the vast majority of them without charge, and effectively without recourse to the US courts to challenge the legality of their detention. Most detainees in Guantánamo were held in isolation in maximum security facilities, heightening concerns for their physical and mental health. The Central Intelligence Agency (CIA) programme of secret detention and interrogation was re-authorized by President Bush in July. In December, the Director of the CIA revealed that the agency had destroyed videotapes of detainee interrogations.

Soldiers refusing to serve in Iraq on grounds of conscience were imprisoned. Prisoners continued to experience ill-treatment at the hands of police officers and prison guards. Dozens of people died after police used tasers (electro-shock weapons) against them. There were serious failings in state, local and federal measures to address sexual violence against Native American women. Discrimination remained a concern in a variety of areas, including policing practices, the operation of the criminal justice system and housing rights. There were 42 executions during the year. In late September, the decision of the Supreme Court to review the constitutionality of lethal injections led to a de facto moratorium on executions by this method. In December, New Jersey became the first US state in more than four decades to legislate to abolish the death penalty.

‘War on terror’

For the sixth year running, the US authorities continued to hold foreign nationals they had designated “enemy combatants” in indefinite military detention without charge at Guantánamo Bay. At the end of 2007, there were approximately 275 detainees held in Guantánamo. During the year, more than 100 detainees were transferred to their home countries for release or continued detention. Four detainees, described by the Pentagon as “dangerous terror suspects”, were transferred to Guantánamo. One person described by the Pentagon as a “high-level member of al-Qa’ida” was transferred to the base from CIA custody.

Fourteen men described by the US authorities as “high value” detainees and transferred to Guantánamo in September 2006 for the stated purpose of standing trial had yet to be charged by the end of 2007. The men had spent up to four and half years in secret CIA custody prior to the transfer and their cases had been used by the administration to obtain the Military Commissions Act of 2006 (MCA). On 9 August, the Pentagon announced that all 14 had been affirmed as “enemy combatants” by the Combatant Status Review Tribunals (CSRTs), panels of military officers able to rely on secret and coerced information in making their decisions. The CSRTs for the 14 men were held behind closed doors on the grounds that the detainees had classified information about the CIA secret detention programme, including interrogation techniques, conditions of detention and the location of CIA detention facilities. Allegations made by some of the men of torture in CIA custody were censored from the CSRT transcripts. By the end of 2007, only one of the 14 had had access to legal counsel for the narrow judicial review of the CSRT decisions provided for in the Detainee Treatment Act (2005). No such review of any of the Guantánamo detentions had been conducted by the end of the year.

On 20 February, the Court of Appeals for the District of Columbia Circuit ruled that provisions of the MCA stripping the courts of the jurisdiction to consider habeas corpus petitions applied to all detainees held in Guantánamo “without exception”. On 2 April, the Supreme Court dismissed an appeal against this ruling. However, on 29 June, the Supreme Court took the historically unusual step of vacating its 2 April order and agreeing to hear the case after lawyers for detainees filed new information about the inadequacy of the CSRT scheme. The new information was provided by a military officer who had been involved in CSRT reviews. The Court’s ruling was pending at the end of 2007.

  • Ali al-Marri, a Qatari national resident in the USA who was designated an “enemy combatant” in June 2003 by President Bush, remained in indefinite military detention on the US mainland at the end of the year. In June, a three-judge panel of the Court of Appeals for the Fourth Circuit ruled that the MCA did not apply to Ali al-Marri’s case and ruled that his military detention “must cease”. However, the government successfully sought a rehearing in front of the full Fourth Circuit court; a ruling was pending at the end of the year.

Military commission proceedings resumed at Guantánamo.

  • In March, Australian national David Hicks became the first – and by the end of the year, only – Guantánamo detainee to be convicted by the USA. He pleaded guilty under the MCA to one charge of “providing material support for terrorism”. A panel of military officers recommended seven years in prison, but six years and three months of the sentence was suspended under the terms of a pre-trial agreement. David Hicks was transferred out of Guantánamo in May to serve the remainder of his nine-month sentence in Australia. He was released from Yatala prison in Adelaide on 29 December.

Three other Guantánamo detainees were facing charges at the end of the year, including two who were under 18 years old when they were taken into custody.

Conditions of detention in Guantánamo and their impact on the health of detainees already distressed by the indefinite nature of their detention continued to cause serious concern. One detainee, a Saudi Arabian national, was reported to have committed suicide on 30 May. By mid-January, 165 detainees had been transferred to Camp 6 where they were confined in individual steel cells with no external windows for at least 22 hours a day. Contrary to international standards, the cells have no access to natural light or air, and are lit 24 hours a day by fluorescent lighting. Around 100 other detainees were held in Camp 5, where detainees have been confined for up to 24 hours a day in small cells with some access to natural light, although with no view to the outside. Some 20 more detainees were believed to be held in Camp Echo, where detainees are held for between 23 and 24 hours a day in windowless cells with no natural light.

On 20 July, President Bush issued an executive order that the programme of secret detention and interrogation operated by the CIA would comply with Article 3 common to the four Geneva Conventions of 1949. Amnesty International wrote to President Bush emphasizing that if the CIA programme received detainees as it had before, he would have re-authorized the international crime of enforced disappearance. No reply had been received by the end of the year.

One detainee, ‘Abd al-Hadi al-Iraqi, was reported to have been transferred from CIA custody to Guantánamo during the year. The Pentagon announced the transfer on 27 April, but gave no details about when he was detained or where he had been held before the transfer. In June, Amnesty International and five other human rights organizations published a list of more than 36 individuals believed to have been detained in the CIA programme whose fate and whereabouts remained unknown.

In December, the Director of the CIA revealed that in 2005 the agency had destroyed videotapes of interrogations conducted in 2002 of detainees held in secret custody. It was reported that the tapes depicted hundreds of hours of interrogations of Abu Zubaydah and ‘Abd al-Rahim al-Nashiri, two of the “high-value” detainees transferred to Guantánamo in September 2006. Both alleged at their CSRTs in 2007 that they had been tortured in CIA custody. Abu Zubaydah was among those reported to have been subjected to “waterboarding” (simulated drowning).

Hundreds of people remained in US custody in Afghanistan and Iraq. There were also concerns about killings in Iraq by private US contractors (see Afghanistan and Iraq entries).

Torture and other ill-treatment

There were reports of ill-treatment in jails and police custody on the US mainland, often involving cruel use of restraints or electro-shock weapons.

Sixty-nine people died after being shocked with tasers, bringing to nearly 300 the number of such deaths since 2001. Many of those who died were subjected to multiple shocks or had health problems which could have made them more susceptible to the adverse effects of tasers. Although such deaths are commonly attributed to factors such as drug intoxication, medical examiners have concluded that taser shocks caused or contributed to a number of deaths. The vast majority of those who died were unarmed and did not pose a serious threat when they were electro-shocked. Many police departments continued to authorize the use of tasers in a wide range of situations, including against unarmed resisters or people who refused to comply with police commands. Amnesty International presented its concerns to a Justice Department inquiry into taser deaths and reiterated its call on the US authorities to suspend the use of tasers and other stun weapons, pending the results of a rigorous, independent inquiry, or to limit their use to situations where officers would otherwise be justified in using deadly force.

Thousands of prisoners continued to be confined in long-term isolation, in high-security units where conditions sometimes amounted to cruel, inhuman or degrading treatment.

  • Herman Wallace and Albert Woodfox, both inmates of the Louisiana State Penitentiary in Angola, remained in extended isolation. For more than 30 years, they had been confined alone to small cells for 23 hours a day with only three hours of outdoor exercise a week. Both men were reportedly suffering from serious health problems as a result of their conditions. A lawsuit claiming the prisoners’ treatment was unconstitutional remained pending at the end of the year.

The two men had originally been placed in “lockdown” after being accused of involvement in the killing of a guard during a prison riot in 1972, charges they have always denied. Amnesty International remained concerned that their long-term isolation was based, at least in part, on their past political activism in prison, including membership of the Black Panther Party (a black radical organization).

Prisoners of conscience

Army Specialist Mark Lee Wilkerson served three and a half months in jail after being sentenced to seven months’ imprisonment for refusing to serve in Iraq on conscientious grounds. Another conscientious objector to the Iraq war, US Army Medic Agustín Aguayo, was sentenced to eight months’ imprisonment on similar grounds. He was released after one month as time spent in custody awaiting trial was taken into consideration. Several other soldiers refusing to serve in Iraq because of their opposition to the war faced possible prosecution at the end of the year.

Justice system

Jose Padilla, a US citizen previously held for more than three years without charge or trial in US military custody as an “enemy combatant”, was convicted in a federal civilian court in August of conspiracy to provide material support for terrorism. His sentencing was pending at the end of the year. The court dismissed his lawyers’ claims that torture and other ill-treatment in military custody had left him unfit to stand trial. The government declined to introduce information obtained during his military detention, which may have been open to challenge on the grounds that it was coerced. Amnesty International remained concerned about the lack of accountability for his three years of unlawful treatment, and the damage done to his right to be presumed innocent by the government repeatedly and publicly branding him a “dangerous terrorist”.

Gary Tyler, an African American, remained in prison in Louisana for the murder of a white schoolboy during a racially charged incident in 1974. During his 33 years in prison, Gary Tyler, who was 16 at the time of the killing, has consistently maintained his innocence. He was convicted by an all-white jury following a trial which was seriously flawed. Appeals to the outgoing state governor to grant him a pardon were unsuccessful.

In August an oral hearing took place in the case of five Cuban nationals convicted in Miami in June 2001 of conspiring to act as agents of the Republic of Cuba and other charges (USA v Gerardo Hernandez et al). Grounds for the appeal included insufficient evidence and alleged improper statements by the prosecution during the trial. The appeal court’s decision was pending at the end of 2007. The US government continued to refuse to grant the wives of two of the prisoners visas to visit them in prison.

Discrimination

Continuing concerns about discrimination in the USA included racial disparities in police stops and searches and other areas of the criminal justice system, and the treatment of non-US nationals held in the context of the “war on terror” (see above).

  • Mychal Bell was tried in July – on charges of attempted second-degree murder – in an adult court, despite being a minor at the time of the alleged offence. The case raised concerns about disparities in the treatment of black and white teenagers. He was one of six black high school students in Jena, Louisiana, who were charged with assaulting a white student in December 2006 during a period of racial tension triggered when white students hung three nooses from a tree in the high school grounds. The black students were originally charged with attempted second-degree murder, which could have put them in prison for decades. Charges against the defendants were later reduced and Mychal Bell was transferred to a juvenile court, following civil rights demonstrations.

Death penalty

A total of 42 prisoners were put to death in the USA during the year, bringing to 1,099 the total number of executions carried out since the US Supreme Court lifted a moratorium on the death penalty in 1976. This represented the lowest annual judicial death toll in the USA since 1994 and was in part due to the halt in executions that followed the Supreme Court’s announcement on 25 September that it would consider a challenge to the three-chemical lethal injection process used in Kentucky, and in most other states that use this method.

In June, the Supreme Court blocked the execution of Scott Panetti, a Texas death row inmate suffering from severe delusions. The ruling found that the US Court of Appeals for the Fifth Circuit had employed a “flawed” and “too restrictive” interpretation of the Supreme Court’s 1986 ruling affirming that the execution of an insane prisoner is unconstitutional. The ruling had the potential to provide additional protection for condemned prisoners suffering from serious mental illness.

South Dakota carried out its first execution since April 1947. Elijah Page was executed for a murder committed in 2000 when he was 18 years old and emerging from a childhood of deprivation and abuse. He had given up his appeals. His execution meant that 34 states and the federal government had conducted at least one execution since 1976.

On 2 January, the New Jersey Death Penalty Study Commission – set up by the state legislature in 2006 to study all aspects of capital punishment in New Jersey – released its final report in which it recommended abolition of the death penalty. In December New Jersey became the first US state since 1965 to legislate to abolish the death penalty when the legislature passed, and the governor signed, legislation replacing capital punishment with life imprisonment without the possibility of parole.

New York effectively became the 13th abolitionist state in the USA in October when its highest court refused to make an exception to its 2004 ruling finding the state’s death penalty statute unconstitutional. The challenge to that ruling had been brought by the state in the case of the last person left on New York’s death row.

More than 120 people have been released from death rows in the USA since 1975 on the grounds of innocence.

  • Curtis Edward McCarty, who had spent 21 years in prison, 16 of them on Oklahoma’s death row, was released in May after a federal judge ordered that the charges against him be dismissed. DNA evidence helped to exonerate him, and the judge ruled that the case against him had been tainted by the questionable testimony of a discredited former police chemist.
  • In December, Michael McCormick was acquitted at his retrial for a murder for which he had spent 16 years on death row in Tennessee.
  • In December, prosecutors dismissed all charges against Johnathan Hoffman in the crime for which he had served nearly a decade on death row in North Carolina.
  • Joseph Nichols was executed in Texas on 7 March for the murder of Claude Shaffer in 1980. His co-defendant, Willie Williams, who had been tried first, had pleaded guilty and been executed in 1995. At the trial of Joseph Nichols, the state argued that regardless of the fact that Willie Williams fired the fatal shot, Joseph Nichols was guilty under Texas’ “law of parties”, under which the distinction between principal actor and accomplice in a crime is abolished and each may be held equally culpable. The jury was unable to reach a sentencing verdict and Joseph Nichols was retried. This time the prosecution argued that Joseph Nichols had fired the fatal shot and the jury voted for a death sentence.
  • Philip Workman was executed in Tennessee on 9 May despite compelling evidence that a key state witness lied at the trial and that the police officer he was convicted of killing may have been accidentally shot by a fellow officer. Philip Workman had been on death row for 25 years.
  • On 16 July, less than 24 hours before he was due to be put to death, Georgia death row inmate Troy Davis received a stay of execution from the state Board of Pardons and Paroles. He had been on death row for more than 15 years for the murder of a police officer. There was no physical evidence against him and the weapon used in the crime was never found. The case against him consisted entirely of witness testimony, most of which had subsequently been recanted. On 3 August, the Georgia Supreme Court granted an extraordinary appeal and agreed to hear his case for a new trial. A decision was pending at the end of 2007.

Violence against women

Native American and Alaska Native American women continued to suffer disproportionately high levels of rape and sexual violence, but faced barriers accessing justice. This was due to the complex maze of tribal, state and federal jurisdictions, which allowed perpetrators to escape justice; underfunding by the government of key services; and failure at state and federal level to pursue cases. Recommendations by Congress for increased funding to tackle some of these concerns were pending government approval at the end of the year.

Housing rights – Hurricane Katrina

Thousands of evacuees from Gulf Coast areas affected by Hurricane Katrina in 2005 remained displaced with little prospect of returning to their homes. Many continued to live in precarious situations in temporary accommodation throughout the USA, without work or access to their former support networks.

Civil rights and community groups expressed concern about proposals to demolish a large proportion of the public housing units in New Orleans even though they suffered only minor flood damage and could reportedly be repaired and rehabilitated. It was feared that the absence of affordable housing had created a demographic shift in which poor, largely African American, communities were unable to return to their homes.

Amnesty International reports