June 15, 2013 archive

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On This Day In History June 15

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

Click on image to enlarge

June 15 is the 166th day of the year (167th in leap years) in the Gregorian calendar. There are 199 days remaining until the end of the year.

On this day 1215, Magna Carta sealed.

Following a revolt by the English nobility against his rule, King John puts his royal seal on the Magna Carta, or “Great Charter.” The document, essentially a peace treaty between John and his barons, guaranteed that the king would respect feudal rights and privileges, uphold the freedom of the church, and maintain the nation’s laws. Although more a reactionary than a progressive document in its day, the Magna Carta was seen as a cornerstone in the development of democratic England by later generations.

John was enthroned as king of England following the death of his brother, King Richard the Lion-Hearted, in 1199. King John’s reign was characterized by failure. He lost the duchy of Normandy to the French king and taxed the English nobility heavily to pay for his foreign misadventures. He quarreled with Pope Innocent III and sold church offices to build up the depleted royal coffers. Following the defeat of a campaign to regain Normandy in 1214, Stephen Langton, the archbishop of Canterbury, called on the disgruntled barons to demand a charter of liberties from the king.

Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch’s authority to date. The charter first passed into law in 1225. The 1297 version, with the long title (originally in Latin) The Great Charter of the Liberties of England, and of the Liberties of the Forest, still remains on the statute books of England and Wales.

The 1215 Charter required King John of England to proclaim certain liberties, and accept that his will was not arbitrary, for example by explicitly accepting that no “freeman” (in the sense of non-serf) could be punished except through the law of the land, a right which is still in existence today.

Magna Carta was the first document forced onto an English King by a group of his subjects, the feudal barons, in an attempt to limit his powers by law and protect their privileges. It was preceded and directly influenced by the Charter of Liberties in 1100, in which King Henry I had specified particular areas wherein his powers would be limited.

Despite its recognised importance, by the second half of the 19th century nearly all of its clauses had been repealed in their original form. Three clauses remain part of the law of England and Wales, however, and it is generally considered part of the uncodified constitution. Lord Denning described it as “the greatest constitutional document of all times – the foundation of the freedom of the individual against the arbitrary authority of the despo In a 2005 speech, Lord Woolf described it as “first of a series of instruments that now are recognised as having a special constitutional status”, the others being the Habeas Corpus Act, the Petition of Right, the Bill of Rights, and the Act of Settlement.

The charter was an important part of the extensive historical process that led to the rule of constitutional law in the English speaking world, although it was “far from unique, either in content or form”. In practice, Magna Carta in the medieval period did not in general limit the power of kings, but by the time of the English Civil War it had become an important symbol for those who wished to show that the King was bound by the law. It influenced the early settlers in New England and inspired later constitutional documents, including the United States Constitution.

Cartnoon

American As Apple Spy

Cross posted from The Stars Hollow Gazette

Rep. Alan Grayson on the NSA: American As Apple Spy

I haven’t said this in awhile, what digby said:

It’s astonishing that this is necessary, but apparently it is:

Mind Your Own Business Act photo grayson_zps5587b06f.png

Click on image to enlarge.

Quite simple and to the point. Now you can support The Mind Your Own Business act by signing the petition, here.

Late Night Karaoke

The 4th Amendment Need Not Apply

Cross posted from The Stars Hollow Gazette

At Crooks and Liars, Suzie Madrak points out an important fact about private government contractors, the Fourth Amendment does not apply to them:

This has been an ongoing scandal in the Iraq and Afghanistan wars. Attorney Susan L. Burke represented several groups of plaintiffs (including Abu Ghraib detainees and female soldiers who had been sexually assaulted) in lawsuits in which she tried to overturn the civil immunity of government contractors. She has not been successful, and the federal government continues to subcontract with private companies to do things that would be illegal if they did them themselves. So keep that in mind as you read these NSA stories.

She highlights an interview with 70’s whistleblower, Chris Pyle at Democracy Now, who disclosed the military’s spying on civilian politics and worked for three congressional committees to end it.

Pyle discovered the Army and CIA were spying on millions of Americans engaged in lawful political activity while he was in the Army working as an instructor. His revelations prompted Senate hearings, including Senator Frank Church’s Select Committee on Intelligence, ultimately leading to a series of laws aimed at curbing government abuses. Now teaching constitutional law and civil liberties at Mount Holyoke College, Pyle says the NSA is known for attacking its critics instead of addressing the problems they expose.



Full transcript can be read here

CHRISTOPHER PYLE: Yes. The forerunner of the PRISM system that Snowden disclosed was called Trailblazer. It wasted $1 billion on private contracts. It replaced a much less expensive system called ThinThread, which had more privacy protections and had been developed inside the government. Now, the reason that private contractors get this business is because members of Congress intercede with them with government agencies. And we now have a situation where members of the Intelligence Committee and other committees of Congress intercede with the bureaucracy to get sweetheart contracts for companies that waste taxpayers’ money and also violate the Constitution and the privacy of citizens. This is a very serious situation, because it means that it’s much more difficult to get effective oversight from Congress. [..]

CHRISTOPHER PYLE: Well, we all want to protect the security of the country. We all want to protect the Constitution. But when government agencies are totally unaccountable, we can’t do that. Members of Congress do not go to those briefings, even if they’re offered, because once you go to the briefing, then you can’t talk about what you’ve been told, because it’s classified. So the briefing system is designed to silence Congress, not to promote effective oversight.

Members of Congress don’t want to spend time on oversight. They’re too busy raising money. New members of the House of Representatives this winter were told by the Democratic Campaign Committee that they should spend between four and six hours a day dialing for dollars. They have no time to do the public’s business. They’re too busy begging for money. President Obama himself attended 220 fundraisers last year. Where does he get the time to be president when he’s spending so much time asking wealthy people for money to support his campaign? [..]

CHRISTOPHER PYLE: Well, it’s true. The NSA doesn’t want to hire people like you and me. We don’t know enough about the Internet. That said, it’s important to note that the vice chairman of Booz Allen happens to be Mike McConnell, who was former director of NSA and of national intelligence. There is a revolving door between high government positions and private corporations, and this revolving door allows these people to make a great deal more money upon leaving the government, and then being rented back to the government in a contractor capacity. And that’s part of the corruption of the system. [..]

CHRISTOPHER PYLE: Well, yes. The Fourth Amendment of the Constitution, which protects us from unreasonable searches and seizures, only binds the government, doesn’t bind corporations. That’s a serious problem. The reason we have privatization of prisons, in some ways, is for governments to escape liability. They put the liability on the private corporations that run the prisons, and they just charge their liabilities as an operating cost.

(All emphasis by Suzie.)

The Fourth Amendment of the Constitution, which protects us from unreasonable searches and seizures, only binds the government, doesn’t bind corporations.

Got that? This is the key to the rational behind privatizing everything from schools and prisons to national security. Keep it in mind as you read anything about the NSA whistleblowing and Edward Snowden.

DSWright at FDL News Desk hits the nail on the head, Freedom isn’t free:

The National Security Agency along with the CIA, FBI and other intelligence agencies of the U.S. government has been swapping information with private companies. In exchange for private companies giving the intelligence agencies information on their users, the private companies receive access to classified intelligence. The Corporate State indeed.

   Thousands of technology, finance and manufacturing companies are working closely with U.S. national security agencies, providing sensitive information and in return receiving benefits that include access to classified intelligence, four people familiar with the process said.

   These programs, whose participants are known as trusted partners, extend far beyond what was revealed by Edward Snowden, a computer technician who did work for the National Security Agency. The role of private companies has come under intense scrutiny since his disclosure this month that the NSA is collecting millions of U.S. residents’ telephone records and the computer communications of foreigners from Google Inc (GOOG). and other Internet companies under court order.

No wonder the tech firms did not complain about spying on American citizens, they were getting compensation in the form of access to classified intel. So now Wall Street gets to see classified intelligence? No wonder there were no prosecutions, they’re on the team. Too Big To Fail, Too Big To Jail, and too important to National Security. The National Security Agency along with the CIA, FBI and other intelligence agencies of the U.S. government has been swapping information with private companies. In exchange for private companies giving the intelligence agencies information on their users, the private companies receive access to classified intelligence. The Corporate State indeed. [..]

No wonder the tech firms did not complain about spying on American citizens, they were getting compensation in the form of access to classified intel. So now Wall Street gets to see classified intelligence? No wonder there were no prosecutions, they’re on the team. Too Big To Fail, Too Big To Jail, and too important to National Security.

Quid pro quo, as well, as liability protection, all on the tax payer’s dime.

You Can’t Patent Mother Nature

Cross posted from The Stars Hollow Gazette

In a rare unanimous decision, the US Supreme Court ruled that human genes cannot be patented:

The case, AMP v. Myriad Genetics, revolved around Utah corporation Myriad Genetics’ exclusive patents on the BRCA1 and BRCA2 genes, which, when mutated, lead to a very high risk of breast and ovarian cancer. Because Myriad was the first to identify the BRCA genes, it patented them, charged exorbitant prices for BRCA testing, and then aggressively prevented any other labs from offering the same test. In 2009, a coalition of plaintiffs including the ACLU, Breast Cancer Action and a number of scientific organizations, researchers and patients sued Myriad, claiming that it had no legal right to hold patents on the BRCA genes.

In a majority decision written by Clarence Thomas, the court affirmed the plaintiffs’ claim that because DNA is naturally occurring, it “lie(s) beyond the domain of patent protection.” In so deciding, the court effectively reversed decades worth of policy by the US Patent and Trade Office, which has granted thousands of gene patents, many of which should now be rendered invalid.

The Court refuted Myriad’s claim that because it had put a lot of time and money into locating the gene, that it therefore deserved a patent: “extensive effort alone is insufficient” to make something patent-worthy. Basically, just because you tried really hard doesn’t mean that you deserve a multi-billion dollar legal monopoly.

This is great news for women, men, doctors, scientists and the world in the fight against breast and ovarian cancer. In a New York Times article about the impact of the ruling, other research companies said they would begin offering genetic testing which would bring down the cost and availability of the test, as well as, other tests held by patents:

Some experts say that other genetic tests that are exclusively controlled by a patent holder include the test for spinal muscular atrophy and the test for an inherited form of deafness.

Dr. (Sherri) Bale of GeneDx said the deafness gene also caused a skin disease. Her company is allowed to test for mutations that cause the skin disease, but if it discovers a mutation for hearing loss, it cannot tell the doctor. Instead, a new blood sample has to be drawn and sent to Athena Diagnostics, which controls the testing for the deafness gene. Dr. Bale said the court’s decision should eliminate the need for that arrangement.

It is often said that patents cover 4,000 human genes, or about 20 percent of all human genes, meaning the decision could have a large impact.

Amy Goodman and Juan Gonzalez of Democracy Now, in a discussion of the ruling, were joined by Judge Robert Sweet, the senior federal judge for the Southern District of New York who originally invalidated Myriad Genetics’ patents; Lisbeth Ceriani, one of the plaintiffs in the ACLU lawsuit. In May 2008, she was diagnosed with an aggressive form of breast cancer; and Sandra Park, a senior attorney with the ACLU’s Women’s Rights Project and a lead counsel on the case.

“With the ruling today, we fully expect much better access and much better options for patients, as well as for scientists who want to look at different parts of the genome,” Park says. “They no longer now need to deal with patents on the thousands of genes on our genome when they’re engaging in their scientific work.”



Transcript can be read here

Health and Fitness News

Welcome to the Health and Fitness News, a weekly diary which is cross-posted from The Stars Hollow Gazette. It is open for discussion about health related issues including diet, exercise, health and health care issues, as well as, tips on what you can do when there is a medical emergency. Also an opportunity to share and exchange your favorite healthy recipes.

Questions are encouraged and I will answer to the best of my ability. If I can’t, I will try to steer you in the right direction. Naturally, I cannot give individual medical advice for personal health issues. I can give you information about medical conditions and the current treatments available.

You can now find past Health and Fitness News diaries here and on the right hand side of the Front Page.

Soups With Spinach, Five Ways

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There’s so much beautiful spinach in the farmers’ markets now, and though it will soon give way to summer heat, it’s nice to know you can buy it every week and make something different with it each time. If you’re already into hot weather, you’ll appreciate this week’s cold yogurt soup with spinach and grains, which I’ve been polishing off for lunch every day this week. But even the hot soups will work on a warm day.

Andalusian Chickpea and Spinach Soup

This is a filling and comforting soup that is still suitable for a late spring/early summer meal.

Noodle Bowl With Mushrooms, Spinach and Salmon

A meal in a bowl that highlights fresh spinach.

Yogurt or Buttermilk Soup With Spinach and Grains

A refreshing soup that is great to keep on hand as summer arrives.

Spinach and Tofu Wontons in Broth

The wontons can be made ahead and frozen.

Puréed Spinach Soup With Middle Eastern Spices

This soup was inspired by a Syrian recipe, a spice-laced pan-cooked spinach that is served with yogurt and walnuts on top.

Random Japan

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FINDINGS

Japanese researchers have discovered that people with diabetes are 1.2 times more likely to develop cancer than non-diabetics.

The internal affairs ministry says the number of workers aged 60 or over has hit a record high for the sixth straight year. The figure stands at 11.92 million.

A museum in Meguro-ku has put on display 10 notebooks containing the schoolboy scribblings of acclaimed writer Osamu Dazai (1909-1948).

Meanwhile, a trove of nine unpublished drawings by famed manga-ka Osamu Tezuka was discovered by Space Battleship Yamato illustrator Leiji Matsumoto.

Surprise, surprise, surprise! NY Times endorses transgender equality

There are surprises in life.  One happened wednesday.  At least I never expected to see the Editorial Board of the New York Times endorse Civil Rights for Transgender People.

Note:  The original title of the opinion used transgender as a noun (Civil Rights for Transgenders).  The paper has acceded to complaints by changing it.

New York stood for equality by approving same-sex marriage two years ago.  It is time now for state lawmakers to extend basic civil rights protections to transgender people.  The 2002 state statute that bars discrimination based on sexual orientation in employment, housing, education, credit and public accommodations does not explicitly cover transgender people.

There’s more about the effort to bring that equality to transgender people on the inside.