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The Laws Haven’t Changed

Julian Sanchez makes the case that advances in satellite technology may have rendered our conventional privacy laws obsolete:

The courts have, to date, not regarded aerial observation by planes as a “search” for Fourth Amendment purposes, under the plain view doctrine. The sensible intuition here is that you have no protected privacy interest in what can be observed without entering your property: If you’re foolish enough to put your marijuana crop in front of an open window—or in a field that can be spotted by someone flying overhead—you can’t complain if the police notice it. But the analogy to casual observation begins to seem awfully strained when we consider the potential of satellite imaging to create a perpetual record of whole regions of the country, allowing anyone’s comings and goings to be tracked. This may, then, present a problem of what Lawrence Lessig has called “Fidelity in Translation”: Constitutional rules create a balance between conflicting interests—citizens’ need for privacy and law enforcement’s need to gather information—but as technology changes, the application of the same rule may produce a very different balance of interests. The question, then, is how, whether, and when fidelity to the Constitution may mean discarding the original rule in order to preserve the original balance.

Of course, another solution here would be for congress to recognize there’s a problem and pass a sensible law governing the use of satellite imagery. Sadly, though, we’ve seen a few times that there seems to be majority support in congress for the view that 9/11 made civil liberties obsolete.

Politics

Fact-checking the latest global warming denial campaign.

When NASA’s Goddard Institute for Space Studies recently announced that it was revising its temperature data, right-wing bloggers leaped at the news to propel its global warming denial campaign. James Hansen — head of the NASA center — sets the record straight. He writes that the “corrected and uncorrected curves are indistinguishable,” adding that the “deceit” propagated by the right “has a clear purpose: to confuse the public about the status of knowledge of global climate change.”

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Politics

Leading Home Mortgage Loan Company On The Verge Of Bankruptcy Still Running Ads

Countrywide Financial, the nation’s leading mortgage lender, is suffering a liquidity crunch as a result of doling out risky subprime loans in the past few years. The company announced today that it will borrow $11.5 billion in order to keep making home loans. “The announcement sent its stock tumbling about 11 percent and prompted one credit rating agency to downgrade its rating to near-junk bond status.”

A Countrywide spokesman said, “Management is completely focused on running the business in a changing environment.” Unfortunately, Countrywide isn’t taking the necessary steps to prioritize its spending and maintain its solvency.

This afternoon, CNBC ran a report on Countrywide which stated the company was “suffering a perfect storm of bad news.” Moments after that piece aired, a Countrywide commercial appeared on the CNBC network. “Homeowners, wanna refinance and get cash? Countrywide has a great reason to do it now,” the ad blared. Watch it:

Countrywide made one out of every six home loans in the U.S. in the first half of this year. If the company were to declare bankruptcy, “it would be a huge shock to the U.S. housing system and the mortgage system as perceived around the world.” If Countrywide is serious about surviving the market downturn and ensuring the stability of its loans, it should stop wasting much-needed funds on TV ads.

UPDATE: Media Biz notes that Countrywide is also going on an internet ad spending spree.

Politics

Sticking Up For the CW

I’ve gotta stop Jason Zengerle and Ross Douthat from propagating some kind of revisionist notion whereby Dick Cheney (in Zengerle’s words) “could well benefit from a round of media appearances – because, while his views may be crazy and alarmist, his public presentation of them isn’t.” Or, as Ross puts it, “Cheney entered this Administration with a reputation for being anti-charismatic but deeply responsible, but if anything the reverse has proven true: When he’s ventured out of the undisclosed location, he’s actually been a much more compelling spokesman for the Administration than the President, even as he’s been associated with many of its more reckless and tone-deaf policy decisions.”

This is crazy talk. One’s first-glance view of the situation is correct. Steve Hayes is a crazy sycophant. His idea that Cheney could enhance his popularity by speaking more in public is the sort of thing a crazy sycophant would say. Cheney is kept in hiding because even before it became known that his policy judgment was absolutely abysmal, he always looked and sounded like an evil troll. He comes across as the kind of guy who’d vote to keep Nelson Mandela locked in prison. It’s obvious from Ross’ and Jason’ posts, however, that people are beginning to forget exactly how abhorrent he is. More public appearances will cure that fast.

Politics

FBI, CIA employees editing Wikipedia entries.

“People using CIA and FBI computers have edited entries in the online encyclopedia Wikipedia on topics including the Iraq war and the Guantanamo prison, according to a new tracing program.” It was not known whether changes were made by an official representative of an agency or company, a CIA spokesman said, but it was certain the change was made by someone with access to the organization’s network.

UPDATE: Steve Benen notes Fox News has been editing Wikipedia entries too. And now that they’ve been caught, Fox News is turning its guns on Wikipedia.

Politics

Laura predicted Jenna and fianc© would not be serious.

The White House announced today that Jenna Bush, one of President Bush’s twin daughters, is engaged to be married to her longtime boyfriend, Henry Hager. This must come as a shock to Laura Bush, given that in 2005 she publicly proclaimed that Jenna and Henry were not in a “serious” relationship. Here’s how the Washington Post reported it:img

Former White House aide Henry Hager may be flying high, considering he’s dating the president’s daughter, but maybe he shouldn’t get too comfortable with Jenna Bush on his arm. Yesterday on ABC’s “Good Morning America,” Charlie Gibson broached the topic of the twins’ dating with Laura Bush, noting: “I’ve read in the social pages that one of your daughters has a new boyfriend.”

The first lady, referring to the 26-year-old Hager, who has been seen regularly in Jenna’s company, said: “This is not a serious boyfriend — I hate to have to be the one to say it on television. But he’s a very nice young man.”

UPDATE: Newsbusters hits us for posting on this, and ThinkProgress responds.

Politics

Bushs Veto Threat Rejected By His Own Experts; Cancer Panel Calls For Higher Tobacco Taxes

camel134.jpgWhen the Congress passed legislation this month raising tobacco taxes to fund the State Children’s Health Insurance Program (SCHIP), President Bush threatened a veto. Defending the health insurance and tobacco industries, Bush said, “If Congress continues to insist upon expanding healthcare through the SCHIP program — which, by the way, would entail a huge tax increase for the American people — I’ll veto the bill.”

But in a direct rebuke, the President’s Cancer Panel today recommended that Bush no longer “acquiesce to the demands of the industries that encourage” the “disease and death caused by tobacco use.” Specifically, the panel recommended that the federal government raise taxes on tobacco and more heavily regulate the tobacco industry to “weaken” its influence. CQ reports (sub. req’d):

In its report to President Bush, the panel said that “policymakers at all levels of government have an obligation to enact legislation to eliminate disease and death caused by tobacco use and environmental tobacco smoke exposure. The panel recommends foremost that the influence of the tobacco industry — particularly on America’s children — be weakened through strict federal regulation of tobacco product sales and marketing.” [...]

The cancer panel pointedly noted that all “the issues discussed in this report have suffered to varying degrees from politicization that continues to derail or limit progress toward a healthier population that is less burdened by cancer. We cannot continue to fund tobacco- and obesity-related research, thinking it will solve the problems caused by cancer risk-promoting behaviors and products, and also acquiesce to the demands of the industries that encourage those behaviors and produce those products.”

According to the American Medical Association, “for each 10 percent increase in the price of cigarettes, youth smoking is reduced by 7 percent, and overall consumption by 4 percent.” Furthermore, the public overwhelmingly supports raising tobacco taxes, by a margin of 67 percent to 28 percent.

The Senate Health, Education, Labor and Pensions Committee recently approved a bill “that would give the Food and Drug Administration the authority to regulate tobacco.” Today, Chairman Ted Kennedy (D-MA) welcomed the panel’s recommendations.

The recommendations eloquently reaffirm what is widely recognized throughout the public health community; that giving the Food and Drug Administration the power to regulate tobacco products is the most important step Congress can take to reduce smoking and the immense toll of illness and death it causes. It is absolutely essential to reduce smoking, especially among the nation’s youth.

In addition to top medical scientists, the three-member panel includes Tour de France winner Lance Armstrong, a cancer survivor. Will Bush listen to his own appointed experts?

Digg It!

Climate Progress

Must read from Hansen: Stop the madness about the tiny revision in NASA’s temperature data!

The nation’s top climate scientist is so frustrated over the nonsense racing about the blogsophere and mainstream media about the tiny flaw in NASA’s U.S. temperature database that he has already sent out two e-mails on the subject. In the first, James Hansen wrote:

The flaw did have a noticeable effect on mean U.S. temperature anomalies, as much as 0.15°C, as shown in Figure 1 below (for years 2001 and later, and 5 year mean for 1999 and later).

hansen-t1.jpg

Not bloody much of an effect. He goes onto say

The effect on global temperature (Figure 2) was of order one-thousandth of a degree, so the corrected and uncorrected curves are indistinguishable.

hansen-t2.jpg

Yes, the globe is still warming at an alarming rate — and we still aren’t doing anything about it — which is why in his second, more impassioned email, he writes:

Read more

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