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  • CNN Dusts Off Ancient Moral Panic Over Out Of Print Game That Was Banned A While Back

    Recently, we started receiving a whole bunch of submissions about a CNN story on the Japanese videogame Rapelay (in which part of the gameplay involves raping women). We ignored it because it’s an old, old, old story, and we couldn’t figure out why CNN suddenly took an interest in it. The game itself was released back in 2006 and has long been out of print. It got some headlines back in February of 2009 (over a year ago), when a UK publication noticed that some people were selling the game via Amazon. It was never Amazon itself selling the game, but some of the people who set up their own stores on the site. Either way, once the press reports came out, Amazon quickly pulled the game.

    Still, as usually happens, there was a big moral panic, politicians made comments and threats and eventually Japanese officials banned the game, even though it was already out of print.

    Story over, right? For no clear reason, CNN suddenly decided to bring it up as if it were a big deal again — leading to all those submissions. However, as reader Chris Mikaitis, points out, the story keeps escalating to new levels of cluelessness. Days after the “original” late story, even after lots of people wondered why the hell CNN was bringing up such a dead story, CNN decided to do a second story on the game by the same reporter. At least, in that case, one of the people quoted scolds CNN for making a big story out of nothing:


    “One of my concerns,” begins Dr. Olson, “is that kids generally never hear about this stuff unless it gets this kind of publicity.”

    In other words, this was a dead game and a dead story, until CNN started fearmongering about it, making ridiculous statements like:


    “Parents, we’ve got to warn you about this video game because your kids could get their hands on it.”

    CNN, we know that your ratings are in freefall, but manufacturing a totally ridiculous moral panic over an old game that is not in print any more, has been banned in the only country where it was released, and which was discussed way too much well over a year ago, isn’t exactly the way to build either credibility or interest in your reporting.

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  • The Boston Logan International Airport juiced by solar energy

    Boston-Logan-International-Airport.jpg
    The Boston Logan International Airport goes green, and no, we aren’t talking about a green painted landing strip. Joining the league of the Le Castellet International Airport in the South of France and the Page Field General Aviation Airport in Southwest Florida, the Boston Logon in East Boston will be one of the most energy efficient airports in the US. The airport is now powered by a 200kW solar system that will save around 3,500 barrels of oil annually. 1,000 solar panels power up the Terminal B garage, which will also be the first airport garage to be lit with LEDs.

    This is just one of the upgrades that Massport, the airport’s operating authority have taken up, spending around $1 billion in all for around 379 projects. More green hearted airports springing up around the globe will be a welcome sight.

    [Getsolar]

  • Greenwasher of the month: Canada’s Husky Energy sells 10% ethanol blend as “Mother Nature’s Fuel” – And they refine oil from the tar sands!

    Husky

    Americans may not have heard of Husky Energy.  But thanks to an eagle-eyed reader up north who snapped this picture, we all get to see their uber-greenwashing effort.

    Here’s how “Mother Nature” makes her fuel, at least on the Bizarro world of Htrae.

    First, you take some heavy oil or tar sands from Canada.  If you’re a Canadian oil producer, you call tar sands “oil sands” (see Memo to all: They ain’t “oil sands”).  Everyone else can call it the “biggest global warming crime ever seen.” See also Canadian bishop challenges the “moral legitimacy” of tar sands production.

    Then you refine it into gasoline and add “up to 10% ethanol.”  Of course, this is the not ethanol from low-carbon, sustainably grown cellulosic biomass:

    Our “Mother Nature’s Fuel” is made from renewable resources such as wheat and corn.

    Cough!  [Bullshi!t]  Cough!  It’s made from the most environmentally-destructive form of oil known to humankind with a little environmentally-questionable food-based biofuel thrown in.

    Mother Nature needs to hire a good attorney.

  • Nuclear Arms Out of Control

    There was much theatre and applause in Prague but as we say in the news business, lots of torque too.

    Yes – U.S. President Obama and Russian President Medvedev have signed a historic accord to rid the World of a few more thousand nuclear weapons but the torque is this.

    When the Russians and Americans originally started talks to replace the aging START agreement with a new arms control accord, they anticipated dealing with stored nuclear warheads not only the ones mounted on missiles.

    It’s vitally important to note in the final deal stored warheads are not included. Because there are at least 8000 of them on either side and that means the new nuclear arms deal doesn’t deal with the bulk of nuclear stock piles.

    They also didn’t deal with tactical warheads which number in the thousands. They are the smaller nuclear weapons both sides developed during the cold war that would possibly be used in an East West conflict in Europe to stop advancing tanks and troops. These are the weapons that are the easiest for terrorists to steal, and these are the nuclear weapons America still houses in NATO bunkers in European Countires including Spain and Turkey.

    So the torque is they left much out of the nuclear agreement. Even the lead American negotiator Rose Gottemoelerr told me “Dana we just couldn’t get to the tacticals or stored weapons in this accord but they are on the table for the next round”.

    What next round? Rose is right there has to be another round but just getting this accord approved is going to be tough going in the U.S. Senate.

    International organizations are calling on American and Russia to sit again and bring warhead numbers including STORED WARHEADS down to a number closer to a thousand so then Countires like China and Pakistan and Israel and India will sit at future arms control talks and openly discuss lowering their nuclear stockpiles.

    Israel also has to be called to that table or what will be the incentive for Countries like Iran and Saudi Arabia and Syria not to develop their own nuclear weapons?

    Presidents Obama and Medvedev took a positive step but the applause should be muted until Rose Gottemoeller and her Russian counterparts are sitting again together and discussing  the more critical issues in overall Strategic Arms Reduction.

  • New solar-cell technology by Wake Forest University produces double the electricity than flat cells

    solar-cell-technology.jpg
    Solar-cell technology will acquire an energy boost with this new development by the Wake Forest University in North Carolina. The university was granted a patent for their brainchild, a solar-cell technology with a double electricity output than the flat solar cells available today. These fiber-based solar cells received patents from the European Patent Office. The University has also applied for a patent from the US Patent Office.

    Raised from millions of tiny plastic fibers, these new cells collect solar energy from oblique angles. It soaks in sunlight during sunrise and sunset too! With an increased surface area as compared to flat solar cells, these cells can produce twice the amount of kilowatts everyday. Solar technology will get its well deserved push with an increased applicability, thanks to this new better efficient technology.

    [Energymatters]

  • Solar powered Thyagaraj Stadium for the 2010 Common Wealth games

    Solar-powered-Thyagaraj-Stadium.jpg
    The 2010 Common Wealth games get a shade greener with the Thyagaraj Stadium in New Delhi, India going solar powered. Indian energy giants, Reliance Industries, have commissioned what will be the countries first one-megawatt solar plant that will juice the stadium with the sun’s energy. The stadium to be used for the games will have the solar plant on its roof.

    The Thyagaraj Stadium covers an area of 16,000 square meters and can accommodate a capacity of around 4494 people. It will host the Netball competition during the upcoming games. Solar power will also be used to power up the Tokyo Olympic Stadium, being built for the upcoming 2016 Olympics. Looks like the upcoming Common Wealth Games and the Olympics are destined to be a green affair!

  • Deyrolle Taxidermy

    Image of Deyrolle Taxidermy located in Paris, France

    Deyrolle Taxidermy

    Paris’ fabled purveyor of exotic taxidermy and natural history curios

    Deyrolle was founded by well-known entomologist Emile Deyrolle in 1831, and has been at its current premises since 1881. Exotic taxidermy, entomology, and natural history collections displayed in antique wooden cases and glass bell jars have made this store a destination for Parisians ever since it opened its doors. In 2007, much of the store was destroyed in a predawn conflagration that left in its wake a haunting tableau of singed wings and charred fur.
    With the help of artists and collectors worldwide, the store has been largely rebuilt, and today houses a large and wide-ranging collection of natural history curios. Photographer Martin d’Orgeval created the Touched by Fire series, beautiful and pictures of the store after it had been burned, and the limited edition book (which can be bought here helps in the rebuilding process.
    Today everything from house cats to polar bears are once again on display in Deyrolle. The store itself has also managed to maintain its 19th-century decor, with beautiful wooden cases and specimen drawers throughout. Though some of the more exotic animals are not for sale, almost everything in the store is available for rent–should one ever need a lion for a night.

    Read more about Deyrolle Taxidermy on Atlas Obscura…

    Category: Purveyors of Curiosities
    Location: Paris, France
    Edited by: Josh, Dylan, Henry

  • Greece Short-Term Bonds Shoot Up To 8%

    Chart

    In addition to the worrying explosion in Greece’s six-month bill yield, shown right, now Greece’s two-year short-term bond yield has brushed against the 8% level.

    Investors are losing faith in Greece’s ability to refinance itself, not just in the long-term, but even in the short-term. Which poses an immediate challenge to Europe because Greece simply can’t sustain itself if it has to pay the rates that the market is now demanding.

    Times:

    The volatile bonds movement prompted the European Central Bank to ease the pressure on Greece’s troubled domestic lenders, who have seen €8 billion flow from their coffers in recent weeks. The ECB said that it would prolong a loosening of the rules on using government bonds as collateral for its loans. Bond market analysts believe a rescue is almost inevitable if yields continue to climb as they did yesterday — in the case of the two-year bond by a full percentage point to more than 8 per cent.

    Jean-Claude Trichet, the ECB chairman, was at pains yesterday to dispel any doubts about Greece’s solvency. He denied the extension of looser collateral rules was aimed at Greece and said: “Taking all the information I have, default is not an issue for Greece.” His comments were not enough to calm bond and share markets, which suffered a sharp sell-off yesterday in response to the Greek scare.

    Read more here >

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  • Perils of peer review in perspective

    The Scientific Alliance
    9th April 2010
    The perils of peer review
    Scientific publication has mushroomed in recent years: according to Bjork and co-authors in Information Research, about 1,350,000 papers appeared in journals in 2006. For academic scientists, such publication is vital, as they are judged on the basis of the number of papers they write. Many may regret the passing of an era when brilliant individuals could spend their time in creative thought and publish only rarely. Others may point out that that such an attitude could encourage indolence in the less gifted. Whatever the arguments, scientific publishing is nowadays a vast business.

    As scientific research has progressed, so have the individual branches become more specialised, and most academic scientists these days inhabit one of a myriad of individual silos. C P Snow famously criticised the inability of the two cultures of science and humanities to communicate. But now, at least at the level of university education and beyond, the single ‘science’ culture has become a large collection of sub-cultures which do not – and in many cases cannot – communicate with each other. Physicists do not share a vocabulary with biologists, but beyond that the increasing specialisation of science gives rise to small international communities of experts, busy dealing with each other, but with little interest in having contact with the inhabitants of related silos.
    Against this background, the main guarantor of scientific quality in papers, which may be read by relatively few colleagues, is the system of peer review which has become established since the mid-20th Century. Papers submitted for publication are passed by the editorial staff to a group of suitably qualified anonymous scientists who can judge the merit of the work and recommend publication, modification or rejection.
    This seems an entirely rational and commonsense approach, likely to ensure that only worthwhile work is published. The body of peer-reviewed literature is treated with respect by the scientific community; anything not peer-reviewed is ignored or treated with suspicion. But, despite there being a clear need for proper checks on the quality of publications in learned journals, the present system is not perfect, nor is it realistic to expect it to become so.
    Scientists are human and make choices rooted in their own prejudices and beliefs. Take, for example, the highly contentious research done by Ewen and Pusztai which, on the basis of experiments in which rats were fed various types of raw potato, was used to call into question the safety of GM foods. Following the appearance of Pusztai on the ITV World in Actionprogramme which started the whole furore, the medical journal The Lancet published a paper by the two authors. Five out of six reviewers recommended this. On the other hand, six other reviewers appointed by the Royal Society concluded that the work was flawed and should not have been published. A dozen highly-trained scientists could not agree on the merits of a relatively straightforward paper. It is inconceivable that all made an entirely objective decision based entirely on the paper itself.
    Richard Horton, then editor of The Lancet, contributed a guest editorial for the Medical Journal of Australia (Genetically modified food: consternation, confusion and crack-up; MJA 2000; 172: 148-149) in which he wrote:
    The mistake, of course, is to have thought that peer review was any more than a crude means of discovering the acceptability – not the validity – of a new finding. Editors and scientists alike insist on the pivotal importance of peer review. We portray peer review to the public as a quasi-sacred process that helps to make science our most objective truth teller. But we know that the system of peer review is biased, unjust, unaccountable, incomplete, easily fixed, often insulting, usually ignorant, occasionally foolish, and frequently wrong.”
    From a journal editor, that sounds pretty damning, but perhaps it is just an acceptance of reality. The system may mean that – quite rightly – a paper has been subject to independent review before publication, but it does not make it irrefutable. And, of course, science itself is not a set of absolute truths but at best a collection of the best knowledge and interpretation at that particular time, open to review, validation or falsification. Human nature being what it is, peer review can get in the way of this process, since reviewers are usually the ones whose treasured beliefs might be questioned. It is disingenuous for editors to talk about how eager they are to publish groundbreaking new work which upsets existing orthodoxies; it takes a degree of courage to break away from the herd.
    With no peer review or editorial control, pretty much anything could be published. The argument goes that post-publication criticism would sort the wheat from the chaff, and any journal regularly publishing rubbish would quickly lose its credibility. But, in practice, scientists busy doing their own work cannot subject all papers to line-by-line scrutiny and criticism, so the proportion of bad papers would probably rise.
    When publication is not in a learned journal, then authors can say pretty much what they like, and this is the case with, for example, Jeffrey Smith, an American writer who has made a name for himself crusading against GM foods in two books, Seeds of Deception and Genetic Roulette. Although the egregious nature of his attacks of crop biotechnology have already been widely criticised, Prof Bruce Chassy (professor of food microbiology and nutritional science at the University of Illinois) and Dr David Tribe (senior lecturer in food science, food safety, biotechnology and microbiology at the University of Melbourne) have recently set up a website (Academics Review) with the tagline ‘Testing popular claims against peer-reviewed science’.
    While wishing them good luck, I think that the power of peer-reviewed science to sway an argument has been much over-hyped. In similar fashion, climate change activists have claimed that their pressure for radical policies is backed purely by peer-reviewed science. Such an approach cuts no ice with sceptics. It is time to acknowledge that the current review process is necessary, but also flawed. Whatever the source of information, we should always approach it with an appropriate degree of proper scientific scepticism. The conclusions of others should never be taken on trust, whether peer-reviewed or not; we should not be afraid to interpret the evidence for ourselves.
    The Scientific Alliance
    St John’s Innovation Centre, Cowley Road, Cambridge CB4 0WS
    Tel: +44 1223 421242
  • Gmail Adds Nested Labels and Message Previews in Labs

    Gmail is once again using the Labs proving grounds to test a couple of features that might or might not make it into the regular site at some point. Due to popular request, Google has now introduced “Nested Labels” and “Message Sneak Peek” in Gmail Labs. The features are pretty self explanatory, with Nested Labels, you will be able to creat… (read more)

  • 5 Dividend Stocks Building Superior Long-Term Returns

    Ned Davis Research examined the relative performances of stocks between 1972 and 2006 and established a link between rising dividends and superior long-term returns. The study found S&P 500 stocks that consistently increased their dividends returned 10.4% total return (dividends + share price appreciation), while those that did not increase their dividends returned only 8.2%. The 2.2% advantage of the dividend raisers would equate to an additional $1,802 per $100 invested in 1972.

    Below are several companies looking to provide their share holders with superior long-term returns by increasing their cash dividends:

    Entergy Corp. (ETR) is an electric utility holding company serves 2.6 million customers in Arkansas, Louisiana, Mississippi and Texas. April 5th the company increased its quarterly dividend to $0.83/share. The dividend is payable June 1 to stockholders of record on May 12, reflecting the first increase in its quarterly common stock dividend since July 2007. The ex-dividend date is May 10, 2010. Yield on the dividend is 4%. The yield based on the new payout is 4.04%.

    Bank of the Ozarks (OZRK) provides retail & commercial banking products and services via 70 banking and two loan production offices in AR, TX, NC. April 6th the company raised its quarterly dividend 7% to $0.15/share. The dividend is payable April 23, 2010 to shareholders of record as of April 16, 2010. The ex-dividend date is April 14, 2010. OZRK is a Dividend Achiever and has raised its dividend for 11 consecutive years. The yield based on the new payout is 1.62%.

    TJX (TJX) operates eight chains of off-price apparel and home fashion specialty stores in the U.S., Canada, Germany, Ireland and the U.K. April 6th the company increased its quarterly dividend 25% to $0.15/share. TJX is a Dividend Achiever and has raised its dividend for 11 consecutive years. The yield based on the new payout is 1.34%.

    IDEX (IEX) designs, makes and markets a broad range of pump products, dispensing equipment and other engineered products, serving a diverse customer base worldwide. April 6th the company increased its quarterly dividend 25% to $0.15/share. The dividend is payable on April 30 to shareholders of record on April 15. The ex-dividend date is April 13. The yield based on the new payout is 1.79%.

    Tanger Factory Outlet (SKT) is a real estate investment trust develops, acquires, owns, operates and manages factory outlet shopping centers in the United States. April 8th the company raised its quarterly dividend to $0.3875/share. The dividend will be payable on May 14, 2010 to holders of record on April 30, 2010. The ex-dividend date is April 28, 2010. Yield on the dividend is 3.6%. SKT is a Dividend Achiever and has raised its dividend for 17 consecutive years. The yield based on the new payout is 3.55%.

    In addition to the above dividend raisers, two Dividend Achievers declared regular quarterly cash dividends. April 6th RPM International (RPM) declared a quarterly dividend of $0.205/share with a 3.70% yield. The dividend is payable on April 30, 2010 to stockholders of record as of April 16, 2010. The ex-dividend date is April 14, 2010. Also, Murphy Oil (MUR) on April 7th declared a quarterly dividend of $0.25/share with a 1.70% yield. The dividend is payable June 1, 2010 to holders of record May 14, 2010. The ex-dividend date is May 12, 2010.

    To provide superior long-term returns a companies need to increase their dividends on a consistent basis. For a list of stocks with a long string of consecutive cash dividend increases, see this list.

    Full Disclosure: No position in the aforementioned securities. See a list of all my income holdings here.

    (Photo Credit)

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  • No One Wants Nicolas Cage Mansion

    A Bel-Air mansion once owned by Nicolas Cage found no takers in a foreclosure auction this week.

    Despite earning tens of millions of dollars over the course of his nearly 30 year career, the former Oscar winner is cash-strapped and at the center of several lawsuits for unpaid debts.

    A 11,817 square-foot mansion in the upscale Los Angeles neighborhood failed to get a single bid at its $10.4 million asking price during this week’s auction, forcing ownership to revert to a foreclosing lender,
    The Los Angeles Times said on Thursday. Cage originally tried to sell the property for $35 million.

    The newspaper quoted a real estate agent who called the interior design “frat house bordello” with framed comic books on walls. The mansion also had model train sets on raised tracks in some rooms, in addition to a central tower, a home theater, and an Olympic-sized pool.


  • Robert Pattinson Kurt Cobain Biopic

    British actor Robert Pattinson is in discussions to play rock legend Kurt Cobain in All Apologies, a Universal Studios biopic helmed by lensman David Fincher, London’s The Sun reported Friday.

    At least he’s got the grungy part down!

    The Twilight heartthrob — who sometimes masquerades as a musician — has replaced Ryan Gosling as the frontrunner to portray the Nirvana lead singer and grunge pioneer, who died of a self-inflicted shotgun blast in 1994.

    Pattinson, 23, has been in regular contact with Cobain’s widow Courtney Love, who allegedly handpicked Robert to play Cobain and Scarlett Johansson, 25, to portray her.

    “This is a big money deal for Courtney,” says a source. “She has agreed to the film on condition that she gets to decide the main aspects of the project including director, casting, screenplay and music. Robert has been calling and emailing her non-stop. She has been a bit wound up by his manners, but he is her number one choice to play Kurt…..”


  • And Now Everyone Thinks Greece Is Saved, And They’re Buying Everything In Sight

    A complete 180 from yesterday morning’s downbeat opening appears to be in the cards. Greece spreads have narrowed, there’s hope (once again) that a bailout is in the cards and people are buying everything in sight, at least per this early check on the future’s market.

    chart

    Join the conversation about this story »

  • HTC Patent Shows Dual-Touchscreen Tablet/Phone [Patents]

    Could it be a phone, a netbook or even an ereader/tablet like the Microsoft Courier? The above patent has surfaced via HTC, showing both screens working as one, or split so one is a virtual keyboard, the other, the UI. More »







  • In Much-Cited Precedent for 9/11 Trial, Tools for Protecting Information Went Unused

    Andrew McCarthy

    Andrew McCarthy (YouTube: Hoover Institution)

    As Sen. Lindsey Graham (R-S.C.) works on a deal with the White House to stop the civilian trial for 9/11 architect Khalid Shaikh Mohammed, he has one overriding fear in mind: The disclosure of classified information that might occur in an open trial. Graham’s communications director, Kevin Bishop, told The Washington Independent last month that “military justice and the military framework — a military commission — would allow us to better protect classified information.” In a recent address, Graham intoned that “valuable intelligence was compromised” in a 15-year-old case, the New York trial of the “Blind Sheikh,” in which a list of unindicted co-conspirators leaked out from the court, and suggested the leak was a dangerous prologue for future terrorism trials.

    Image by: Matt Mahurin

    Image by: Matt Mahurin

    That disclosure has been a cause celebre on the right, frequently invoked to argue that the courts are incapable of handling terrorism cases. But perhaps the leading exponent of that overall review, the former prosecutor on the Blind Sheikh case, thinks the disclosure of the list is overblown. What’s more, he concedes that he didn’t make full use of the tools available to him as a prosecutor to prevent such disclosures, even as he continues to contend that civilian courts are inherently too perilous a venue for handling terrorism-related information.

    “We did not ask for CIPA protection on any of the discovery, including the co-conspirator list,” recalled Andrew McCarthy, a former New York federal prosecutor who now writes for National Review, referring to the Classified Information Procedures Act, the statute governing how courts handle classified information. “I suppose we could’ve done that.” Still, McCarthy, whom a February New York Times profile identified as one of the most influential conservative voices in the current debate over the propriety of trying terrorists in civilian courts, added, “I think too much is made of the example of the co-conspirator list.”

    The case that gave rise to the disclosure was a sprawling, years-long prosecution into a conspiracy emerging from the 1993 attempt to blow up the World Trade Center. Led by the Egyptian-born Omar Abdul Rahman, known as the “Blind Sheikh,” a group of terrorists plotted to blow up a variety of high-value targets in the New York area, including the United Nations, the Lincoln and Holland Tunnels and the George Washington Bridge. McCarthy and his team — a legal all-star cast including Patrick Fitzgerald, later made famous as the special prosecutor on the Valerie Plame identity-leak case; and judge Michael Mukasey, the future attorney general — successfully convicted Rahman in 1995, thereby obtaining the first big American conviction against members of an Islamist terrorist conspiracy.

    During the course of the trial, however, a list of unindicted co-conspirators distributed to defense counsel made its way out of the trial, reportedly making its way to Osama bin Laden. McCarthy has occasionally used the disclosure to contend that the courts are ill-suited to handling terrorism cases. “As underscored by al-Qaeda’s receipt of the co-conspirator list from our trial, the congenial rules of access to attorneys, paralegals, investigators and visitors make it a very simple matter for accused terrorists to transmit what they learn in discovery to their confederates — and we know they do so,” McCarthy writes in his 2008 memoir of his experience prosecuting the Blind Sheikh, “Willful Blindness.”

    Graham magnified that contention in a February radio address sponsored by the Republican Party, even going so far as to imply that the disclosure paved the way for the 9/11 attacks: “Our intelligence services later learned this list made its way back to bin Laden tipping him off about our surveillance. A conviction was obtained in that trial, but valuable intelligence was compromised. The rest is history.”

    Yet a review of the court records commissioned by TWI found no evidence that McCarthy and his fellow prosecutors made use of all the tools at their disposal to protect the list. Not only did the government not invoke CIPA, which would have restricted access to classified information in a case to officers of the court who hold security clearances and cannot remove information from secure facilities, prosecutors did not seek to place any protective orders on non-classified information like the co-conspirators list — which would have placed additionally restrictive rules on handling it. McCarthy said he believed Mukasey, the judge who heard the case, issued a “general protective order” for information shared with defense council for the trial’s discovery phase, but conceded, “We didn’t go piece by piece of discovery to the court for a protective order.” An individual close to the case who would not speak for attribution said there was never any protective order over the co-conspirator list, a finding borne out by TWI’s examination of the court record. Mukasey, through a spokesman, declined to comment.

    A 2008 study conducted for the civil liberties organization Human Rights First examined how the courts have handled hundreds of terrorism prosecutions before and after 9/11 and found negligible, if any, disclosures of classified or sensitive information. The study, written by two former federal prosecutors who, like McCarthy, worked for the U.S. Attorney’s Office for the Southern District of New York, wrote of the co-conspirator list, “Had the government sought a court order restricting dissemination of the list, perhaps it would not have been disseminated to Bin Laden.”

    Jim Benjamin, one of the authors of the study — whom McCarthy praised for “going out of their way to be fair and get[ting] the facts accurate” — clarified that he does not consider McCarthy or anyone else prosecuting the Blind Sheikh to be negligent. “Andy did a spectacular job on the Blind Sheikh prosecution and throughout his career as a prosecutor in the Southern District,” Benjamin, now with the law firm Akin Gump, said in an interivew. “I don’t criticize him for anything he did on the Blind Sheikh case, including not seeking a protective order, although doing so has become routine practice in terrorism cases today. The bottom line is that no system is ever going to be perfect, no matter how well intentioned or diligent the lawyers were, and Andy was certainly both.”

    Asked why he never invoked CIPA in the case, McCarthy replied, “To be candid with you, I never thought it was worth either the five seconds it would have taken the judge to orally order it, or the piece of paper it was written on if it was written on a piece of paper, because one of the things I really came away thinking as a prosecutor who’s done mafia cases and drug cases and all these other cases and then was finally doing national security cases, people who are looking to blow up buildings don’t really care about nondisclosure orders.”

    But the lack of a protective order or a CIPA invocation does beg the question of whether it’s fair to indict the entire criminal justice system as incapable of handling terrorism cases if prosecutors in a pre-9/11 case didn’t use all the tools available to them to prevent unwarranted disclosure. For his part, McCarthy believes that the focus on the disclosure of the co-conspirator list misses the forest for the trees in terms of the access to information that civilian courts openly provide — particularly information that doesn’t even rise to the level of sensitive, let alone classified — a prospect that unnerves him when considering terrorism cases.

    “The co-conspirator list is just a single instance of a much broader problem in terrorism cases,” McCarthy said. “Everything that goes on in the way of not only disclosure under the rules, but more importantly, testimony in a courtroom is a problem in terms of the degree to which it edifies the enemy. These are rules that are made for normal trials that don’t involve national security situations when you’re dealing with a faction that you’re at war with. At the time that our trial took place, the United States certainly wasn”t in a state of war, even if the other side was. But I don’t think there can be any question that the day-to-day dishing out of discovery — we’re talking now about thousands of pages of information that get turned over. And I will tell you, these are problems you deal with on a day-to-day basis at trial.”

    Benjamin, whose 2008 study of terrorism trials examined hundreds of cases, responded that he was unaware of “examples where that scenario has unfolded and there has been a security breach as a result.” If anything, he continued, the fact that opponents of civilian trials for terrorists point to the disclosure of the co-conspirator list indicates that the courts are robustly capable of convicting terrorists without running the risk of dangerous disclosures.

    “Although any leak of sensitive information is a serious matter, I think this one incident from 15 years ago tends to be given too much weight in the broader debate about the ability of federal courts to safeguard classified evidence,” Benjamin said. “When you stack up this single incident against the scores of cases where CIPA has been invoked and there haven’t been leaks, I think the better conclusion to draw is the opposite one — that the civilian courts have generally been able to handle terrorism cases effectively and without jeopardizing national security.”

    That’s a conclusion fervently embraced by Attorney General Eric Holder, who has been asked about the co-conspirator list by members of Congress. “The co-conspirator list was not a classified document. Had there been a reason to try to protect it, prosecutors could have sought a protective order, but that was not a classified document,” Holder told the Senate Judiciary Committee in November. “It is my firm belief that through the use of CIPA, we can protect information in Article III [federal] courts in the same way that they can be protected in military commissions.”

  • Here’s What You Need To Know About The Devastating Drought In China’s Shangri-La Region

    (This guest post previously appeared at the author’s blog)

    Rare is the year that goes by without reports of a flood or drought somewhere in China.  But without a more specific sense of place and context, it’s hard to evaluate the significance of such calamities, or their impact on business and the economy.  The “Nine Nations of China” framework can often be helpful in getting a handle on the situation. 

    The part of China most often afflicted by both flood and drought is the Yellow Land, an arid, densely populated region dependent on the turgid and unpredictable Yellow River for its water supply.  The news these past few weeks, however, has been dominated by reports of a devastating drought affecting an entirely different area, the southwest provinces of Yunnan, Guizhou, and Guangxi — the region I call “Shangri-La.”  Those who have read my description of Shangri-La may recall my mentioning, among its key resources, its plentiful supplies of water.  Normally that’s true, but this year is different. 

    According to news reports, Shangri-La has gotten barely a drop of rain since September — over seven months.  It’s worth keeping in mind, of course, that even in normal years, China is not like temperate regions in Europe or North America, which receive relatively even rainfall all year round.  All of China, the north as well as the south, is affected by the monsoon, with a rainy season (the summer) and a dry season (the winter and spring).  For instance, the city of Kunming, in the center of Shangri-La’s drought zone, averages more than 8 inches (20cm) of rain in July and August — as much as a tropical rainforest.  Even in the winter, though, it typically gets at least half an inch a month, and 3-4 inches per month in the fall.  Yunnan province’s name, which means “south of the clouds,” reflects the region’s reputation for having a moist, misty climate throughout the year. 

    Although some have been quick to blame this year’s drought on global warming, imperial records indicate that normally lush Shangri-La has, in fact, suffered severe droughts periodically throughout history (76 out of the 691 years from 1300 to 1991, to be precise).  Though rare — or perhaps because they are so rare — these periods can wreak havoc on the region’s fragile economy. 

    drought dead dry china bullShangri-La is the poorest of China’s “nine nations,” and highly dependent on the crops it can grow in its usually nourishing environment.  400 cities, with over 20 million people, are already facing shortages of drinking water.  But that’s merely an inconvenience, compared to the effect on farmers.  Over 11 million livestock are going thirsty.  The region’s tobacco crop (it’s main source of cash) and corn crop (it’s main source of subsistence) are planted in May – before the monsoon – but that may prove impossible this year.  Almost 5 million hectares are affected.  Farmers who can’t plant crops may have to migrate to find jobs to support their families.

    The drought is already having an effect on some of Shangri-La’s other important cash crops.  China’s rubber industry, based in southern Yunnan, has virtually ceased production due to water shortages.  Thailand, the world’s largest rubber exporter, which lies downstream and receives its water from Shangri-La’s rivers, is also severely affected.  As a result, Bloomberg reported Monday that global rubber prices have hit a 20-month high.  Chinese tire makers, mainly located in the Back Door and the Metropolis, are seeing their margins evaporate.  Already hit hard by U.S. tariffs, they face rubber prices that have risen to $3,633 per ton, more than double the price at the beginning of this year, and have been forced to start raising their own prices. 

    The flower business has also been hit hard.  As I’ve noted in the past, Shangri-La is a major producer of fresh cut flowers, its #2 export after tobacco.  Yunnan alone supplies over 80% of China’s flowers.  This year, about 31,000 hectares, over 80% of Yunnan’s flower fields, are short of irrigation, hurting both quantity and quality of flowers produced, and causing $125 million in direct economic losses to the sector.  Tens of thousands of small farmers in certain districts, like Chenggong County outside of Kunming, depend entirely on planting flowers for their income.  “This is the first time the flower industry in Yunnan has suffered such a big blow,” according to Li Ban, manager of the Dounan Flower Market, Asia’s largest.  Last year the market sold nearly 3 million flowers a day at its peak season, but this year daily sales have fallen to 1.4 million.  Due to short supply, flower prices in many Chinese cities, such as Shanghai, have doubled.  The price of baby’s-breath, for instance, has recently risen from 10 yuan/kg to 30. 

    In a previous post, I mentioned that global corporations like Starbucks, Nestle, and Maxwell have been investing in Shangri-La’s nascent coffee-growing industry.  According to China Daily, coffee is now Yunnan’s third largest export, behind tobacco and flowers.  But Hu Lu, deputy secretary general of the Coffee Association of Yunnan, says that “the drought will not only bring down the province’s coffee production in 2009 and 2010, but also have long-term effects on the coffee industry.”  The coffee harvest season began in October and ended in March, with the drought affecting the entire period.  “The continuous drought will hurt coffee trees and they might die of thirst, and then coffee growers will not have another harvest for five or six years,” Hu said.  Plans to increase coffee production next year are unlikely to be realized, and output may even drop.  Unlike rubber and flowers, where shortages have resulted in higher prices, global buyers like Starbucks can turn to other places to purchase their coffee beans, leaving local producers to sell their diminished yield at the same low prices.  China’s highly prized Pu’er tea, on the other hand, which is grown in some of the same locations, has been rising in price due to the drought’s effect on production.

    mekongEven power generation has been affected by the drought.  Shangri-La relies heavily on hydropower generated from dams along the region’s raging rivers, which carve steep paths through its mountainous terrain.  With their flow reduced, less power can be generated, both in Shangri-La itself, and downstream at the Three Gorges Dam (located in the Crossroads), where the dam’s reservoir has fallen six meters from a year before.  Xinhua news service reports that “300,000 tonnes of thermal coal was needed to plug a shortage in Hubei [in the Crossroads] estimated at 500 million kilowatts/hour due to a severe cut in hydropower, which supplies 30 percent of the province’s needs.”  The article mentions that power shortages are also affecting the export hub of Guangdong, in the Back Door.

    Those dams and reservoirs along Shangri-La’s mighty rivers are of interest to more than just the Chinese.  The topic has been front and center in the first big summit of the Mekong River Commission (MRC), taking place this week in Thailand.  The Mekong is one of several major rivers that flow through Shangri-La and provide Southeast Asia with much of its water.  In particular, the Mekong supports the rich fishing grounds of Tongle Sap (Great Lake) in Cambodia, and the fertile rice paddies of the delta in southern Vietnam, both of which feed millions.  China’s drought is having a big impact downstream, and several neighboring countries are blaming upstream Chinese dams for restricting what little flow there is left.  Four Chinese dams have been completed, and another four are under construction or planned, and they’ve been a source of concern in Southeast Asia for years.  But the drought — and historically low water levels on the lower Mekong (the lowest in 50 years) – have brought those concerns to head.  The MRC’s executive director, Jeremy Bird, has defended China, saying that downstream water shortages are due to natural causes (reduced rainfall), not the dams.  But the controversy is likely to stir further debate about China’s role in Southeast Asia, and the impact further efforts to harness Shangri-La’s water resources will have on its neighbors.

    ——–

    Other related stories:

    Read more Chinese economic analysis at Patrick Chovanec’s blog >


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  • Study: One-third snoop on lovers’ texts, e-mail

    His cell phone sits on the night table while he showers. Her e-mail is left accidentally on the computer screen while she uses the bathroom. To look or not to look?

    It's perhaps the strongest new temptation of the 21st century — the casual glance at a lover's cell phone text messages or e-mail.  This level of snooping once required rather deliberate spy-like behavior, such as rustling through a bedroom   drawer to find stashes of old-fashioned letters. Now it can happen as quickly as an instant glance.  And, according to one new study, it's happening a lot.

    But is such amateur sleuthing a normal part of life in the digital world, or does it mean couples need professional help?

    A study commissioned by online gadget review site Retrevo.com found that 38 percent of people under age 25 had stolen a glance at their lover's texts or e-mails – without that person’s permission or awareness. Among married adults of any age, the rate was 36 percent.

    "We were surprised to see how large the percentage was," said Manish Rathi, co-founder of Retrevo.

    California-based couples counselor Jay Slupesky was not.

    "It happens all the time," he said. "That has brought people into counseling on many occasions."

    Spousal spying can be illegal

    There are numerous examples of extreme spousal spying.  Entire Web sites are devoted to buying hidden cameras, special cell phone snooping software, cracking e-mail passwords- and all manner of cyberspying. The newest trick, says Slupesky, is for one partner to secretly enable the GPS location software on a cell phone that's designed to help parents keep track of children. Then, a jealous spouse can virtually follow their lover’s every move.

    "Snooping on spouses has been taken to the next level.  The next lower level, that is," he wrote in a recent blog entry. “This … is downright creepy."

    In some cases, spousal spying is illegal.  In 2005, the Department of Justice indicted the owners of a firm named LoverSpy, which sold electronic greeting cards laced with Trojan horse software designed to track a lover's Internet activity.  Authorities also charged four LoverSpy customers with illegal wiretapping.

    Small msnbc While most reasonable adults would agree that going to such lengths to spy on a lover is inappropriate, the issue is not nearly so clear when considering casual glances at cell phones or e-mail inboxes. 

    Healthy relationship boundaries are constantly under assault from 21st century hyper-connectivity.

    "In the past if you looked around after your lover you'd get caught. You had to look at their phone bill or rummage through someone's drawers," said Rathi.  The spying required at least some measure of premeditation.  Today, spying can be completely impulsive. "Now, it's always available, and people don't necessarily see it as spying. It’s just so easy to do it. The phone is sitting right there."

    Adding fuel to the fire is the rapid growth of smartphones, which put personal e-mail and texts in one handy, easily accessible gadget.  According to The Nielsen Company, only 10 percent of U.S. adults had a smartphone during the second quarter of 2008.  By the end of last year, that number had risen to 21 percent, and by 2011, Nielsen expects half of America to be using smartphones. That's a lot of opportunity for casual spying.

    Online relationship forums are jammed with debate about the ethics and mental health impact of such snooping.  In numerous places, lovers say they discovered infidelity by snooping and swear by the tactic.  But nearly as often, the spying ends poorly.  In one anonymous thread, a woman admits reading her boyfriend’s  text messages and says she regrets it because “I found nothing to help me nor did I find anything to make me worry about our relationship.”  She later admitted the snooping to her boyfriend, who felt violated.

    Herbbox“One of the things you will learn in life, as a girlfriend, or a parent,” responds one advice giver, “is NEVER to admit when you spy.”

    But Slupesky, the therapist, says it's never a good idea to cross that line.

    "I am always opposed to spying. If you are in a loving relationship, you just don't spy on your partner," he says. If there is suspicion of infidelity, the relationship needs therapy, not snooping-. "There are better ways to address your concerns."

    He did offer a broader perspective on cell phone spying, however.

    "I think some people are feeling distance from their spouse for whatever reason, and they think if they see who their spouse is e-mailing they will feel more connected.  That happens a lot," he said. "They are looking for a way to restore the connection…it's a way of asking, ‘Are you still close to me? Am I still the most important person in your life? Do you still love me?’ " 

    Of course, there are healthier ways to deal with those profound questions. In therapy, Slupesky always tries to get lovers to stop the spying behavior.

    "One thing I do when someone tells me they are doing that is I ask, 'Did you feel better after you looked at his phone?' They usually say, 'No.' And then I ask, 'If it doesn't make you feel better, why do you keep doing it?’ " 

    But often, he said, the compulsion is too strong, and the access too easy, for his patients to stop.

    While the Retrevo survey found that men and women utilize casual spying equally, Slupesky said two-thirds  of his spying patients are women.

    "Women are more likely to notice something is missing in the emotional connection, and men cheat more," he said.

    Rathi said one way to help solve the problem of casual spying is to take away the opportunity.  Smartphone users should password-protect their gadgets to avoid creating an irresistible temptation for their lovers, he said. Logging out of Web sites and e-mail accounts is also a sound, safe computing practice.

    Retrevo plans to study the spying issue annually to identify any shifts in social standards on spying.

    “The amount of time people spend using these gadgets is increasing, and the amount of data they are consuming through these devices is continuing to increase.  So I think we will see more (spying) as time goes by,” he said. 

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  • Twitter Now 60 Percent Non-US

    Twitter is slowly but surely turning into an international phenomenon after having become wildly popular in its native US about a year ago. Since then, growth in the US has slowed down to a trickle, but outside its borders people are signing up for the ‘information network’ in growing numbers. According to data released by Twitter itself, more than 60 percent of its users now come from outside of the US and their numbers are still rising. Partly responsible for this is Twitter’s increasing int… (read more)

  • Dateline Profiles Teen Hollywood Burglary Gang “The Bling Ring” This Friday

    Hey guys, remember “The Bling Ring?” They’re the group of Los Angeles young adults who stole millions of dollars’ worth of designer goods from the homes of celebrities, such as Lindsay Lohan and Paris Hilton, before being collared by cops last year. If you’d like to learn more about how a group of kids flimflamed their way into the mansions of some of Hollywood’s most talked about stars, Dateline NBC will be profiling their story this Friday night April 9 @ 9 PM ET.

    Visit msnbc.com for breaking news, world news, and news about the economy