7 Pages That Gave President Obama Cover to Kill Americans

7 Pages That Gave President Obama Cover to Kill Americans
A newly released memo from the Office of Legal Counsel calls the wisdom of David Barron’s lifetime appointment to a federal judgeship into question.
Before David Barron was confirmed this year to a lifetime seat on the United States Court of Appeals for the First Circuit, his critics objected that the cover he gave President Obama to carry out extrajudicial killings of American citizens ought to disqualify him from the bench. “I rise today to oppose the nomination of anyone who would argue that the president has the power to kill an American citizen not involved in combat and without a trial,” Senator Rand Paul declared in remarks opposing the nomination. “I rise to say that there is no legal precedent for killing citizens not involved in combat and that any nominee who rubber stamps and grants such power to a president is not worthy of being one step away from the Supreme Court.”
Barron, who wrote his controversial memo while at the Office of Legal Counsel, was confirmed anyway, before the public was permitted to see the legal reasoning he used to weaken the Fifth Amendment as well as an executive order banning assassinations and a statute prohibiting the murder of American citizens abroad. Now that analysis is available for review.
One memo was released with significant redactions on June 23. Charlie Savage ofThe New York Times, who has fought alongside the ACLU for the release of all such memos, set forth what it revealed about Team Obama’s legal reasoning. Then on Friday, the administration released an even earlier Office of Legal Counsel memo. Also heavily redacted, it nevertheless gives us insight into Barron’s initial attitude toward one of the most fraught questions in American constitutional law. The memo, co-written with Marty Lederman, is here. And it coveys disturbing information about an Obama-appointed federal judge.
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Opportunities, Threats, Internet Governance and the Future of Freedom

Opportunities, Threats, Internet Governance and the Future of Freedom
Robert M. McDowell
Last Friday, the U.S. Commerce Department’s National Telecommunications and Information Administration (NTIA) announced it intended to start the process of severing its last tether to the non-profit organization that manages Internet domain names and addresses, such as dot com and dot org. These technical functions, that help people’s computers and mobile devices find what they seek on the Net, are administered through the Internet Corporation for Assigned Names and Numbers (ICANN).
If all goes according to NTIA’s plan, the U.S. government will relinquish its contractual oversight of ICANN by September 2015. In its ideal form, this evolution could help reverse a growing tide of increased state interference into the Net’s affairs. If events don’t unfold as NTIAintends, however, Internet freedom, global prosperity and international political reform will be at risk.
Due to the complexities of the Internet ecosystem, and the manner in which it has thrived, before reacting impulsively, observers should pause and thoughtfully examine the nuances that abound in the wake of this development.
A best case scenario for the NTIA plan would have existing, non-profit, private sector Internet governance groups oversee ICANN’s management of these critical technical functions, just as they have other technical aspects of the Net for decades – with a perfect track record of success.
The worst case scenario would include foreign governments, either directly or through intergovernmental bodies, snatching the soon-to-be untethered technical functions for their own purposes. Keep in mind that Vladimir Putin plainly asserted in 2011 that his goal is to have “international control of the Internet” through the International Telecommunication Union (ITU), a treaty-based arm of the U.N. Given Mr. Putin’s proclivity for expansionism, especially lately, we should regard his statement as a promise he intends to keep.
This concern is more than theoretical. Countries such as China, Russia, Saudi Arabia, Iran, and their client states, have worked for years to absorb many aspects of Internet governance into multilateral organizations such as the ITU rather than the non-profit private sector. They succeeded in gaining a toehold in the Internet’s affairs during the 2012 World Conference on International Telecommunications, a treaty negotiation in Dubai. They will be back to expand the ITU’s authority further at its plenipotentiary meeting this fall, which is another treaty negotiation as well as a “constitutional convention” for the ITU.
Context is everything with this scenario. Internet freedom has been under siege for years. Authoritarian regimes resent the free flow of information an unfettered Net brings – even if increased Net-based commerce is catapulting developing world economies to new heights. The U.S. government’s role with the contract for the technical functions operated through ICANN has been used as Talking Point Number One by those who seek to expand intergovernmental organizations’ reach into the Net’s operations to counter what these regimes contend is, essentially, American domination of the Internet.
Add to the mix the recent revelations by Edward Snowden regarding the breadth of the U.S. National Security Agency’s data gathering, and pro-international regulation forces have something stronger than mere rhetoric to make their case for their proposed power grab. The timing of NTIA’s announcement, however, comes at a crucial time and has the potential to change the trajectory of the debate, with no cost to the U.S. – unless the Administration weakens its stance.
NTIA’s Friday announcement was not a complete surprise to those who follow these esoteric but important matters. Working toward removing NTIA’s formal role in this area is consistent with the arc of actions taken by the U.S. government since the 1990s when it formalized the privatization of the Internet and its governance. In short, the Net has migrated further away from government control over the past three decades. As a result, it has become the greatest deregulatory success story of all time.
For instance, in the late 1980s, only a paltry 88,000 people – mainly government users and academics – had access to the Internet. Today, due to the government taking its hands off of the Net, more than 3 billion people across the globe have Web access through mobile devices alone. Accordingly, the Net is fundamentally and rapidly improving the human condition by boosting living standards and raising political expectations as it strengthens the sovereignty of the individual. The evidence is irrefutable that both domestic and international government policies to leave the private sector alone to innovate and invest were the direct cause of this beautiful explosion of entrepreneurial brilliance.
With Friday’s announcement, NTIA is taking its last steps down a path that was paved over two decades ago: a path intended to get the government out of the Internet governance business. In that spirit,NTIA has put forth several conditions before it would allow its contract overseeing ICANN to expire in September 2015. The most important condition is that no governmental, intergovernmental or multilateral bodies would be allowed to have a role in overseeing any technical functions. Implicitly, if foreign governments or treaty-based organizations were to insert themselves into this realm, NTIA would renew its contract with ICANN in 2015, thus keeping the status quo and ending the argument for at least few more years.
To show that it is resolute, the Administration should vehemently underscore the conditionality of its plan. It cannot soften its stance on this crucial issue, event slightly. If it does, chaos will reign unlike any other time in the Internet’s history. Internet freedom and prosperity would get caught in an international regulatory death spiral.
The best case scenario would involve sticking with what has worked in the Internet space since its inception: allowing the non-profit, non-governmental, private sector, multi-stakeholder Internet governance structure to keep doing what it has been doing so well without the “help” of governments. Diverse, loosely-knit and “bottom up” run technical groups such as the Internet Architecture Board, the Internet Engineering Task Force, the Internet Society, and regional and local engineers, academics and user groups, are the best stewards of these technical functions – not anyone’s government. These private sector groups will keep the Internet governance structure dispersed and free from bottle necks to ensure that no entity can control the Net or shut it down.
Accomplishing the complex task of modernizing the multistakeholder model of Internet governance, including the administration of critical technical functions, will be difficult and risky. U.S. policy in this space should be to keep governments out of the Net’s technical affairs. But we can’t have it both ways. The Administration must not waver, even symbolically. Internet freedom and prosperity hang in the balance. To be continued …
Who Controls The Internet?
Seven people control the system at the heart of the web: the domain name system, or DNS.

Leonie Haimson: The Woman Who Stopped Bill Gates, Rupert Murdoch, and the Ed Profiteers

Diane Ravitch’s blog

Leonie Haimson: The Woman Who Stopped Bill Gates, Rupert Murdoch, and the Ed Profiteers

Below is a letter from Leonie Haimson, who was previously added to the honor roll of this blog for fighting for students, parents, and public education.
Leonie almost singlehandedly stopped the effort to mine student data, whose sponsors wanted confidential and identifiable information about every child “for the children’s sake.” Leonie saw through that ruse and raised a national ruckus to fight for student privacy. privacy of student records is supposedly protected by federal law (FERPA), but Arne Duncan weakened the regulations so that parents could not opt out of the data mining.
It is not over. The Gates Foundation and Carnegie Corporation put up $100 million to start inBloom, and Rupert Murdoch’s Wireless Generation got the contract to develop the software, and amazon.com pans to put it on a “cloud.” They will be back. We count on Haimson and the many parents she has inspired to remain vigilant on behalf of our children. As a grandparent of a child in second grade in a Brooklyn public school, I have a personal interest in keeping his information private.
Here is Leonie’s letter, written 12/20/13:
Dear folks,
I have good news to report! Yesterday, Sheldon Silver, Speaker of the NYS Assembly, along with Education Chair Cathy Nolan and fifty Democratic Assemblymembers sent a letter to Commissioner King, urging him to put a halt to inBloom.
“It is our job to protect New York’s children. In this case, that means protecting their personally identifiable information from falling into the wrong hands,” said Silver. “Until we are confident that this information can remain protected, the plan to share student data with InBloom must be put on hold.”
Why is this important? Because Speaker Silver and the Democrats in the Assembly appoint the Board of Regents, as the Daily News noted. The Regents control education policy in New York, and appoint the commissioner.
We have begun to make real headway in the past year against inBloom, but we need your support so we can continue the fight for student privacy and smaller classes in the public schools.
We count on donations from individuals like you as our main source of funding. If you appreciate our work and want it to continue and grow stronger, please give a tax-deductible contribution right now by clicking here: http://www.nycharities.org/donate/c_donate.asp?CharityCode=1757 or sending a check to the address below.
I am proud to have been called “the nation’s foremost parent expert on inBloom and the current threat to student data privacy.” We were the first advocacy group in the nation to sound the alarm about inBloom’s plan to create a multi-state database to be stored on a vulnerable data cloud run by Amazon.com with an operating system built by Rupert Murdoch’s Amplify. The explicit goal of inBloom was to package this information in an easily digestible form and offer it up to data-mining vendors without parental consent.
In February, inBloom formally launched as a separate corporation, and nine states were listed as “partners.” We worked hard to get the word out through blogging, personal outreach to parent activists and the mainstream media. After protests erupted in states throughout the country, inBloom’s “partners” pulled out. Now, eight out of these states have severed all ties with inBloom or put their data sharing plans on indefinite hold.
Sadly, as of yesterday, New York education officials were still intent on sharing with inBloom a complete statewide set of personal data for all public school students– including names, addresses, phone numbers, test scores and grades, disabilities, health conditions, disciplinary records and more. To stop this, we helped to organize a lawsuit on behalf of NYC parents which will be heard in state court on January 10 in Albany (note the new date), asking for an immediate injunction to block the state’s plan. (The state has delayed the hearing in order to gain more time to respond to our legal briefs.)
In addition, we will continue our work on the critical issue of class size. As a result of our reports, testimonies and public outreach, we have been able to shine a bright light on what many consider to be the most shameful aspect of Mayor Bloomberg’s education legacy: the fact that class sizes in NYC have increased sharply over the last six years and are now the largest in the early grades since 1998. More on this issue is in my Indypendent article just published, called Grading the Education Mayor
Class sizes have increased every year, despite the fact that the Campaign for Fiscal Equity case was supposedly “settled” by a state law in 2007 that required NYC to reduce class sizes in all grades. As a result, 86% of NYC principals say they are unable to provide a quality education because classes are too large. Parents say that smaller classes are their top priority according to the Department of Education’s own surveys. There is no more critical need than smaller classes if the city’s children are to have an equitable chance to learn.
But class size is not just a critical issue in NYC public schools. Because of budget cuts, class sizes have risen sharply throughout the state and the nation as a whole. In more than half of all states, per-pupil funding is lower than in 2008 and school districts have cut 324,000 jobs.
At the same time, more and more money is being spent by billionaires and venture philanthropists on bogus “studies” to try to convince states and districts that class size doesn’t matter and public funds should be spent instead on outsourcing education into private hands – despite much rigorous research showing the opposite to be true.
With vendors trying to grab your child’s data in the name of providing “personalized” instruction – a euphemism that really means instruction delivered via computers and data-mining software in place of real-life teachers giving meaningful feedback in a class small enough to make this possible — our efforts are more crucial than ever before.
Please make a donation so that our work can continue and be even more effective in 2014.
Thanks for your support and Happy New Year,
Leonie Haimson
Executive Director
Class Size Matters
124 Waverly Pl.
New York, NY 10011
212-674-7320
Big Data, Internet Surveillance, and 4th Amendment.
parents and eligible students annually of their rights underFERPA
www.edu-cyberpg.com/Technology/Big-Data.html

Privacy Concerns over selling K-12 Student Data information is a common practice.
Department’s experience administering FERPA and the current
www.edu-cyberpg.com/Technology/PRIVACY_INFORMATION.html

Untitled Document
Institutions are beginning to explore the connection between FERPA
www.edu-cyberpg.com/Internet/Distance-Learning-Higher-Ed-Faculty-Obligati…

Educational CyberPlayGround: Children’s Rights and K-12 Students rights to…
Rights and Privacy Act (FERPA) http://www.epic.org/privacy/
www.edu-cyberpg.com/Teachers/children-rights.html

New Teacher Resources and Training: Back to School
Act of 1974 (FERPA).. more] Bill Gates arrested in 1977 for
www.edu-cyberpg.com/Teachers/newteacher.html

K-12 Eductaion School Administrators fail to understand the proper use of…
FERPA does not give permission to teachers to give children’s
www.edu-cyberpg.com/Teachers/admin.html