Tag: TMC Politics

Charge Banks for Not Spending the Money

Cross posted from The Stars Hollow Gazette

Now here’s an interesting idea put forth by none other than President Barack Obama’s former chief economic adviser Larry Summers to get the large banks to invest the money in the economy, charge the banks for not spending. At a recent International Monetary Fund conference, Summers proposed that the Federal Reserve should charge banks a negative interest rate for stashing cash, much like the European Central Bank is considering, as a way to ward off another recession or sinking further into a full blown economic depression. Supposedly, this would force the banks to put the money to work in the economy. Some economic writers consider this an act of desperation but as Marl Gongloff at Huffington Post explains the times are already getting desperate

Slashing rates well below zero to make it painful not to spend money is the desperate approach to avoiding an economic depression recently endorsed by Larry Summers, President Obama’s former top economic advisor and one-time pick to run the Federal Reserve. With economic growth likely to be weak for the next infinity, the job market stubbornly awful and inflation disappearing, central bankers around the world have been toying with the idea for a while. Every day it gets closer to being a reality.  [..]

. . . St. Louis Federal Reserve President James Bullard told Bloomberg TV he thought the Fed should consider making U.S. banks pay money to park cash, too. He’s been saying this for more than a year, but the idea is slowly gaining more credence.

That is because, even though the Fed has had a ZIRP (zero interest rate policy) in place for nearly five years now, that has not been enough to get the economy up to full speed. [..]

But even that might not be enough: Some economists think interest rates should be much, much lower than zero: Maybe negative four percent, before adjusting for inflation. Summers recently warned that the U.S. and other big economies could be in a near-permanent state of malaise — like Japan since the 1990s — because interest rates are still too high even at zero. Many liberal economists, including Paul Krugman, think sharply negative interest rates could be the only way to deal with this.

Larry Summers at IMF Economic Forum, Nov. 8

There may be some loud noise emanating from the banks and Wall Street but since congress is stuck on the austerity train wreck, this could be a way for the Federal Reserve to kick start some stimulus. With Summers behind it, it just might be the last desperate solution.  

Income Inequality: “Is a Very Serious Problem”

Cross posted from The Stars Hollow Gazette

During her confirmation hearing before the Senate Banking Committee to replace Ben Bernanke as chair of the Federal Reserve, Janet Yellen took congress to task its roll in the growth income inequality and the threat it is to the economy.

Yellen reminded lawmakers of their sheer terribleness during a Senate Banking Committee hearing on Thursday about her nomination to replace Bernanke as chair of the Federal Reserve when his term ends in January. Republican senators moaned and groaned, as usual, about the Fed’s extreme easy-money policies. Yellen reminded everybody that Congress has forced the Fed to act by constantly imposing harsh austerity measures on an economy still recovering from a financial crisis and deep recession. [..]

This belt-tightening has probably cost the economy nearly 2.5 million jobs, according to a recent study by the Center For American Progress, a liberal think tank — one huge reason this has been the slowest job-market recovery since World War II. Economists on the right and left agree austerity has hurt economic growth, employment and consumer spending, with executives from Walmart and Cisco among the most recent capitalists to complain about it.

The sluggish recovery is also making income inequality worse, Yellen pointed out, depriving poor and middle-class Americans of more and better job opportunities.

This is a very serious problem, it’s not a new problem, it’s a problem that really goes back to the 1980s, in which we have seen a huge rise in income inequality… For many, many years the middle and those below the middle [have been] actually losing absolutely. And frankly a disproportionate share of the gains, it’s not that we haven’t had pretty strong productivity growth for much of this time in the country, but a disproportionate share of those gains have gone to the top ten percent and even the top one percent. So this is an extremely difficult and to my mind very worrisome problem. [..]

Fiscal policy has been working at cross purposes to monetary policy. I certainly recognize the importance of the objective of putting the US debt, deficit and debt, on a sustainable path… But some of the near-term reductions in spending that we have seen have certainly detracted from the momentum of the economy and from demand, making it harder for the fed to get the economy moving, making our task more difficult.

In many states, the recovery is making the income gap worse

By Niraj Chokshi, The Washington Post

For years, the wealthiest 1 percent have amassed income more quickly than the rest. From 1979 through 2007, for example, the top 1 percent of households saw income grow by 275 percent, according to a nonpartisan Congressional Budget Office study. Compare that to the bottom fifth of households, which saw income gains of only 18 percent over that time. Recent Nobel Prize winner for economics Robert Shiller, who is known for creating a closely tracked home-price index, last month called income inequality “the most important problem that we are facing now today.” And just last week, President Obama’s nominee to lead the Federal Reserve, Janet Yellen, called income inequality “an extremely difficult and to my mind very worrisome problem.”

Though rare, the recovery was strong and reduced inequality in some states, such as North Dakota, where an oil boom has provided a sustained economic boost. There, the number of households in the lowest half of income brackets shrank, while more joined the highest income brackets, a trend that suggests broad upward mobility. But in most states-and nationally-the data show the income gap worsening. In Michigan, for example, more than 65,000 households fell out of the middle-income brackets. That loss was counterbalanced by the addition of some 38,000 households, but only at the lowest and highest income levels.

That was true in many states: The number of middle-income households shrank while the number of low- and upper-income households grew. In many states, more upper-income households were added than lower-income ones-a positive economic sign not entirely unexpected during a recovery from such a severe downturn-but the middle class still shrank.

One of the “fixes” to close the income gap, create more and better jobs, and solve the Social Security fund problem is to raise the minimum wage to a livable wage. As Robert Reich explained in his recent column, if Walmart, the largest employer in America, were to “boost its wages, other employers of low-wage workers would have to follow suit in order to attract the employees they need”. He used Ford magnate, Henry Ford as an example of how that worked and made Ford a fortune.

Walmart is so huge that a wage boost at Walmart would ripple through the entire economy, putting more money in the pockets of low-wage workers. This would help boost the entire economy – including Walmart’s own sales. (This is also an argument for a substantial hike in the minimum wage.)

Now, states like New York and New Jersey and cities like Sea Tac, Washington are recognizing the need for a higher minimum wage to attract workers and business as it helps to improve the economy. There is overwhelming broad public support, with 58% of self identifying Republicans in favor. It’s time for Congress to wake up, end the sequester and austerity measures and raise the minimum wage.

Retirement in Crisis

Cross posted from The Stars Hollow Gazette

Increasingly over the last few months the sensible people of congress have gotten on board with the idea that Social Security should be expanded. With the failure of many 401k’s and inadequate pension funds, many seniors and future retirees are more reliant on Social Security for a substantial part of their retirement plans. Senators Tom Harkin (D-Iowa), Bernie Sanders (I-Vt.), and Sherrod Brown (D-Ohio) have proposed that instead of switching to a “chained” consumer price index that cuts retiree benefits, the nation should adopt CPI-E, which measures the actual cost of living for the elderly and would raise benefits to meet actual needs.

The latest to voice support for this idea is Massachusetts Senator Elizabeth Warren who took to the Senate floor to criticize the Washington Post‘s editorial that said  called expanding Social Security “wrongheaded” and suggested the nation should instead be more concerned about the higher percentage of children living in poverty. Sen. Warren called this the “uglier side” of the debate on Social Security.

Floor Speech by Senator Elizabeth Warren (pdf)

The Retirement Crisis

November 18, 2013

As Prepared for Delivery

(Mr./Madame) President, I rise today to talk about the retirement crisis in this country – a crisis that has received far too little attention, and far too little response, from Washington.

I spent most of my career studying the economic pressures on middle class families – families who worked hard, who played by the rules, but who still found themselves hanging on by their fingernails. Starting in the 1970s, even as workers became more productive, their wages flattened out, while core expenses, things like housing and health care and sending a kid to college, just kept going up.

Working families didn’t ask for a bailout. They rolled up their sleeves and sent both parents into the workforce. But that meant higher childcare costs, a second car, and higher taxes. So they tightened their belts more, cutting spending wherever they could. Adjusted for inflation, families today spend less than they did a generation ago on food, clothing, furniture, appliances, and other flexible purchases. When that still wasn’t enough to cover rising costs, they took on debt credit card debt, college debt, debt just to pay for the necessities. As families became increase singly desperate, unscrupulous financial institutions were all too happy to chain them to financial products that got them into even more trouble — products where fine print and legalese covered up the true costs of credit. These trends are not new, and there have been warning signs for years about what is happening to our middle class. One major consequence of these increasing pressures on working people – a consequence that receives far too little attention – is that the dream of a secure retirement is slowly slipping away.

A generation ago, middle – class families were able to put away enough money during their working years to make it through their later years with dignity. On average, they saved about 11% of their take home pay while working. Many paid off their homes, got rid  of all their debts, and retired with strong pensions from their employers. And where pensions, savings, and investments fell short,

they could rely on Social Security to make up the difference. That was the story a generation ago, but since that time, the retirement landscape has shifted dramatically against our families. Among working families on the verge of retirement, about a third have no retirement savings of any kind, and another third have total savings that are less than their annual income. Many seniors have seen their housing wealth shrink as well. According to AARP, in 2012, one out of every seven older homeowners was paying down a mortgage that was higher than the value of their house.

While President Barack Obama and House Minority Leader Nancy Pelosi have expressed their support for cuts to Social Security as part of a budget agreement to trim the deficit, which Social Security does not contribute to, most Democrats wisely have said ruled that out in the current debate talks. We need to make sure that any cuts to the Social Security benefits of our most vulnerable citizens is taken off the table permanently.

 

A Green Alternative

Cross posted from The Stars Hollow Gazette

Bill Moyers and Company: Fighting the Good Fight

Have you ever dreamed of quitting your day job to work on something you really believed in? That’s exactly what this week’s guests, Jill Stein and Margaret Flowers, did when they left their careers behind as medical doctors.

Both saw that holding political office largely depended on how much money you have, which in turn enabled injustices to be fashioned into law and public policy. Outraged and angry, they decided to stand up and take action.

“When people ask me ‘what kind of medicine are you practicing?’ I usually say, ‘I’m practicing political medicine because it’s the mother of all illnesses,'” Stein tells Bill. Flowers adds: “Once you start speaking truth to power and standing up for the right things, it’s very empowering.”

Stein and Flowers serve as the president and secretary of health, respectively, for the Green Shadow Cabinet, an organization offering alternative policies to the “dysfunctional government in Washington, DC.”



Transcript can be read here

Three Things On The Internet

The team of All In with Chris Hayes puts out a daily request on Twitter asking their followers to send them the things they find most interesting on the internet. These are their finds for November 15, 2013.

1. BatKid saves the day & melts your heart;

2. An NBA melody;

3. Van Damme doing splits all over the place.

The China Connection and Other Travails of a TBTF Bank

Cross posted from The Stars Hollow Gazette

JP Morgan Chase is once again under investigation by the Department of Justice. This time for possibly bribing the daughter of the Chinese prime minister with a lucrative business deal to gain preferential treatment on the Chinese markets.

To promote its standing in China, JPMorgan Chase turned to a seemingly obscure consulting firm run by a 32-year-old executive named Lily Chang.

Ms. Chang’s firm, which received a $75,000-a-month contract from JPMorgan, appeared to have only two employees. And on the surface, Ms. Chang lacked the influence and public name recognition needed to unlock business for the bank.

But what was known to JPMorgan executives in Hong Kong, and some executives at other major companies, was that “Lily Chang” was not her real name. It was an alias for Wen Ruchun, the only daughter of Wen Jiabao, who at the time was China’s prime minister, with oversight of the economy and its financial institutions.

While the bank emerged from the financial crisis stronger than it ever was, Moody’s Investors Service cut its ratings of the JPMC and three other banks after deciding the government would be less likely to help them repay creditors in a crisis. JPMorgan was cut to A3 from A2. According to Trace, the bond-price reporting system of the Financial Industry Regulatory Authority, the yield on JPMorgan’s $2 billion of 3.375 percent subordinated notes due May 2023 slipped 10 basis points to 4.3 percent.

Moody’s said that there was less likelihood of a widespread bailout of banks by the United States government as there was during the financial crisis five years ago and that bank debt holders would be forced to shoulder more of the losses in the future.

But the rating agency said it expected banks would be required by regulators in the United States to hold a higher level of capital, which was likely to result in higher recoveries for creditors in any future bank default. [..]

Under the Dodd-Frank Act, the Federal Reserve has been limited in its ability to provide taxpayer money to individual banks, and failing banks would be wound down in a so-called orderly liquidation, in which creditors would bear the bulk of the burden of the losses.

However, some critics have expressed doubts that regulators could handle the liquidation of one or more of the nation’s largest banks in a severe financial crisis.

In the midst of this, somebody at JPMC thought it would be a great idea to hold a Twitter Q&A with the public using the hashtag #AskJPM. The results were extremely amusing but a major PR #FAIL for the bank. Award winning actor Stacy Keech, the voice of American Greed, reads some of the best tweets verbatim.

If you’re a poet and good at writing haiku, Rolling Stone‘s contributing editor Matt Taibbi is offering a Jaime Dimon tee shirt for the best “J.P. Morgan Chase Q&A Fiasco” haiku. Matt will announce the winner Monday.

Yellen Opposed to Fed Audit

Cross posted from The Stars Hollow Gazette

Even as President Barack Obama’s nominee to chair the Federal Reserve is committed to transparency, Janet Yellen is opposed to an audit of the central bank’s monetary policy decisions.

Sen. Rand Paul (R-KY) has proposed legislation that would subject the Federal Reserve to a full audit by the Government Accountability Office (GAO), offering Congress a look at the internal operations of the famously opaque institution. Tea partiers like Paul aren’t the only people who support an audit: the proposal has also garnered support among labor leaders such as AFL-CIO president Richard Trumka, progressive economists like Dean Baker, and Congressional liberals such as Rep. Alan Grayson, D-Fla.

Paul has threatened to block Yellen’s nomination unless his proposal for a Fed audit gets a vote in the Senate. His office did not respond to a request for comment on Yellen’s remarks.

Yellen, who currently serves as vice chair of the Federal Reserve, also indicated during the confirmation hearing that her tenure would not represent a significant break from that of outgoing chair Ben Bernanke. She defended the Fed’s policy of buying Treasury bonds as a form of economic stimulus and hinted that she would continue with policies in that vein if confirmed.

The Federal Reserve has only been audited once in 2010 after the proposal for a one time only audit, sponsored by Sen. Bernie Sanders, was attached to the Dodd-Frank Finance Reform bill. That audit revealed trillions in secret bailouts to banks around the world.

“This is a clear case of socialism for the rich and rugged, you’re-on-your-own individualism for everyone else,” U.S. Senator Bernie Sanders, an Independent from Vermont, said in a statement.

The majority of loans were issues by the Federal Reserve Bank of New York (FRBNY). [..]

The report notes that all the short-term, emergency loans were repaid, or are expected to be repaid.

The emergency loans included eight broad-based programs, and also provided assistance for certain individual financial institutions. The Fed provided loans to JP Morgan Chase bank to acquire Bear Stearns, a failed investment firm; provided loans to keep American International Group (AIG), a multinational insurance corporation, afloat; extended lending commitments to Bank of America and Citigroup; and purchased risky mortgage-backed securities to get them off private banks’ books. [..]

Some of the financial institutions secretly receiving loans were meanwhile claiming in their public reports to have ample cash reserves, Bloomberg noted.

The Federal Reserve has neither explained how they legally justified several of the emergency loans, nor how they decided to provide assistance to certain firms but not others.

The Cost of War for Soldiers

Cross posted from The Stars Hollow Gazette

In a three part interview that appropriately began on Veterans’ Day, journalist, author and photographer discussed her latest book They Were Soldiers: How the Wounded Return From America’s Wars-The Untold Story with Jaisal Noor, the Real News Network producer.



Transcript can be read here



Transcript can be read here



Transcript can be read here

They Didn’t Know What They Were Getting Into: The Cost of War American-Style

by Ann Jones, TomDispatch

   The last time I saw American soldiers in Afghanistan, they were silent. Knocked out by gunfire and explosions that left them grievously injured, as well as drugs administered by medics in the field, they were carried from medevac helicopters into a base hospital to be plugged into machines that would measure how much life they had left to save. They were bloody.  They were missing pieces of themselves. They were quiet.

   It’s that silence I remember from the time I spent in trauma hospitals among the wounded and the dying and the dead. It was almost as if they had fled their own bodies, abandoning that bloodied flesh upon the gurneys to surgeons ready to have a go at salvation. Later, sometimes much later, they might return to inhabit whatever the doctors had managed to salvage.  They might take up those bodies or what was left of them and make them walk again, or run, or even ski.  They might dress themselves, get a job, or conceive a child. But what I remember is the first days when they were swept up and dropped into the hospital so deathly still.

   They were so unlike themselves. Or rather, unlike the American soldiers I had first seen in that country. Then, fired up by 9/11, they moved with the aggressive confidence of men high on their macho training and their own advance publicity.

Raising the Minimum Wage Growing Momentum

Cross posted from the Stars Hollow Gazette

The push for an increase in the minimum wage has grown with the recent passing of an increase in New Jersey from $7.25 to 8.25 with annual increases based in inflation. The amendment to the state’s constitution passed with 61% of the vote over newly reelected Governor Chris Christie’s objection. A Gallup poll conducted Nov. 5-6 shows that an even greater percentage of Americans would vote for an even higher minimum wage. According to a White House official, the Obama administration supports the bill introduced by Sen. Tom Harkin (D-IA) and and Rep. George Miller (D-CA) to raise the federal minimum wage from $7.25 an hour to $10.10 an hour in increments of 95 cents.

The same Gallup poll that showed 76% of Americans support for the increase, also showed support across party lines with 58% of self-identified Republicans supporting it. So what’s the problem? The issue is congress’ feral children, the Tea Party coalition in both houses who have vowed to block it and would completely abolish the minimum wage if they had their way. These are the same extremists who would repeal child labor laws, as well.

Despite the objections of the radical minority, the wave for an increase of the minimum wage is swelling as RJ Eskow observes:

There’s something happening here/what it is ain’t exactly clear …”

When Steve Stills wrote the dystopian anthem “For What It’s Worth” in 1966, it resonated with listeners who understood that great if half-hidden transformations were underway. There’s been a turn toward the dystopian in recent economic and social trends as well: Wall Street greed and criminality. The growing power of wealth over the political process. The rise of the Tea Party. The collapsing middle class. Growing inequalities of wealth. Lost social mobility.

But there were encouraging signs in 1966, as well as troubling ones, and that’s equally true today. Take the movement for a minimum wage. Voters in the state of New Jersey and the city of Tacoma, Washington voted to increase the minimum wage in last week’s election. These victories follow a series of polls which confirm that the general public holds strongly progressive views on issues which range from taxation to Medicare and Social Security.

Something is happening here.

Noam Scheiber, senior editor for The New Republic, spoke with Rachel Maddow about why economic populism is a wise strategy for Democrats.

Spying on Democracy for a Price

Cross posted from The Stars Hollow Gazette

The Central Intelligence Agency (CIA) is prohibited by law from spying on the domestic activities of Americans but that hasn’t stopped them from paying a giant telecommunications company for the phone records of Americans making call overseas, as reported by the New York Times in an article by Charlie Savage:

The C.I.A. is paying AT&T more than $10 million a year to assist with overseas counterterrorism investigations by exploiting the company’s vast database of phone records, which includes Americans’ international calls, according to government officials. [..]

The program adds a new dimension to the debate over government spying and the privacy of communications records, which has been focused on National Security Agency programs in recent months. The disclosure sheds further light on the ties between intelligence officials and communications service providers. And it shows how agencies beyond the N.S.A. use metadata – logs of the date, duration and phone numbers involved in a call, but not the content – to analyze links between people through programs regulated by an inconsistent patchwork of legal standards, procedures and oversight.

Author of Spying on Democracy: Government Surveillance, Corporate Power, and Public Resistance, Heidi Boghosian joined Bill Moyers on Moyers and Company to discuss spying and  our civil liberties



Transcript can be read here

Book Excerpt: Spying on Democracy

by Heidi Boghosian

In describing the National Security Agency’s (NSA) Terrorist Identities Datamart Environment (TIDE), best-selling author James Bamford, whose reporting in the 1980s revealed the existence of the NSA, calls the database used to store names gathered from the federal eavesdropping programs a disaster. The advent of digital communications and mass storage, he says, coupled with a failure of law and policy to keep abreast of technological advancements and an NSA “where the entire world’s knowledge is stored, but not a single word understood,” yields “the capacity to make tyranny total in America.”

Much of the information in government databases such as TIDE is collected with the cooperation of corporations. Although the US surveillance state is colossal in scope, Americans need not be complicit in sustaining it. Tethered to electronic gadgets, under watchful corporate and government command, Americans have a choice about the amount of information afforded to authorities. We can embrace the positive aspects of technology while electing to actively resist and dismantle its invasive and anti-democratic aspects.

To do so, it is essential to reject outright the premise on which a domestic surveillance grid has been erected: that it makes us safer. Comprehensive monitoring and the targeting of certain individuals and social networks for greater observation, is demonstrably ineffective in its purported function of making Americans more secure.

 

Wikileaks Releases TPP Secret Text on International Property Rights

Cross posted looked The Stars Hollow Gazette

SOPA Reddit Warrior photo refresh31536000resize_h150resize_w1.jpg Details of a highly secretive, multi-national trade agreement in the works have been published by WikiLeaks, and a warning there will be vast implications for much of the modern world if the contract is approved.

WikiLeaks has released the draft text of a chapter of the Trans-Pacific Partnership (TPP) agreement, a multilateral free-trade treaty currently being negotiated in secret by 12 Pacific Rim nations.

The full agreement covers a number of areas, but the chapter published by WikiLeaks focuses on intellectual property rights, an area of law which has effects in areas as diverse as pharmaceuticals and civil liberties.

Negotiations for the TPP have included representatives from the United States, Canada, Australia, New Zealand, Japan, Mexico, Malaysia, Chile, Singapore, Peru, Vietnam, and Brunei, but have been conducted behind closed doors. Even members of the US Congress were only allowed to view selected portions of the documents under supervision.

Here is the full text of press release by Wikileak’s founder Julian Assange

Today, 13 November 2013, WikiLeaks released the secret negotiated draft text for the entire TPP (Trans-Pacific Partnership) Intellectual Property Rights Chapter. The TPP is the largest-ever economic treaty, encompassing nations representing more than 40 per cent of the world’s GDP. The WikiLeaks release of the text comes ahead of the decisive TPP Chief Negotiators summit in Salt Lake City, Utah, on 19-24 November 2013. The chapter published by WikiLeaks is perhaps the most controversial chapter of the TPP due to its wide-ranging effects on medicines, publishers, internet services, civil liberties and biological patents. Significantly, the released text includes the negotiation positions and disagreements between all 12 prospective member states.

The TPP is the forerunner to the equally secret US-EU pact TTIP (Transatlantic Trade and Investment Partnership), for which President Obama initiated US-EU negotiations in January 2013. Together, the TPP and TTIP will cover more than 60 per cent of global GDP. Both pacts exclude China.

Since the beginning of the TPP negotiations, the process of drafting and negotiating the treaty’s chapters has been shrouded in an unprecedented level of secrecy. Access to drafts of the TPP chapters is shielded from the general public. Members of the US Congress are only able to view selected portions of treaty-related documents in highly restrictive conditions and under strict supervision. It has been previously revealed that only three individuals in each TPP nation have access to the full text of the agreement, while 600 ‘trade advisers’ – lobbyists guarding the interests of large US corporations such as Chevron, Halliburton, Monsanto and Walmart – are granted privileged access to crucial sections of the treaty text.

The TPP negotiations are currently at a critical stage. The Obama administration is preparing to fast-track the TPP treaty in a manner that will prevent the US Congress from discussing or amending any parts of the treaty. Numerous TPP heads of state and senior government figures, including President Obama, have declared their intention to sign and ratify the TPP before the end of 2013.

WikiLeaks’ Editor-in-Chief Julian Assange stated: “The US administration is aggressively pushing the TPP through the US legislative process on the sly.” The advanced draft of the Intellectual Property Rights Chapter, published by WikiLeaks on 13 November 2013, provides the public with the fullest opportunity so far to familiarise themselves with the details and implications of the TPP.

The 95-page, 30,000-word IP Chapter lays out provisions for instituting a far-reaching, transnational legal and enforcement regime, modifying or replacing existing laws in TPP member states. The Chapter’s subsections include agreements relating to patents (who may produce goods or drugs), copyright (who may transmit information), trademarks (who may describe information or goods as authentic) and industrial design.

The longest section of the Chapter – ‘Enforcement’ – is devoted to detailing new policing measures, with far-reaching implications for individual rights, civil liberties, publishers, internet service providers and internet privacy, as well as for the creative, intellectual, biological and environmental commons. Particular measures proposed include supranational litigation tribunals to which sovereign national courts are expected to defer, but which have no human rights safeguards. The TPP IP Chapter states that these courts can conduct hearings with secret evidence. The IP Chapter also replicates many of the surveillance and enforcement provisions from the shelved SOPA and ACTA treaties.

The consolidated text obtained by WikiLeaks after the 26-30 August 2013 TPP meeting in Brunei – unlike any other TPP-related documents previously released to the public – contains annotations detailing each country’s positions on the issues under negotiation. Julian Assange emphasises that a “cringingly obsequious” Australia is the nation most likely to support the hardline position of US negotiators against other countries, while states including Vietnam, Chile and Malaysia are more likely to be in opposition. Numerous key Pacific Rim and nearby nations – including Argentina, Ecuador, Colombia, South Korea, Indonesia, the Philippines and, most significantly, Russia and China – have not been involved in the drafting of the treaty.

In the words of WikiLeaks’ Editor-in-Chief Julian Assange, “If instituted, the TPP’s IP regime would trample over individual rights and free expression, as well as ride roughshod over the intellectual and creative commons. If you read, write, publish, think, listen, dance, sing or invent; if you farm or consume food; if you’re ill now or might one day be ill, the TPP has you in its crosshairs.”

Current TPP negotiation member states are the United States, Japan, Mexico, Canada, Australia, Malaysia, Chile, Singapore, Peru, Vietnam, New Zealand and Brunei.

President Barack Obama wants to fast track this travesty through Congress which means there would be little or no debate and it could not be amended. This is a dangerous agreement that will endanger sovereign and individual rights, plunge millions of people around the world into poverty and condemn many of them to death by  limiting access to affordable medicines. It is time to stop this. Join the movement to Stop the TPP and send a message to your representatives telling them to reject the TPP.

As an addendum, I suggest you read Yves Smith at naked capitalism to further understand how secret panels would undermine our law and regulations.

Jump below the fold for the text of the 95 page agreement.

You No Longer Have the Right to Remain Silent

Cross posted from The Stars Hollow Gazette

Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The Supreme Court recently ruled that refusing to talk to the police can be held against you in a court of law, contrary to the Fifth Amendment.

(I)n a 5-4 ruling on Salinas v. Texas in which the conservative members of the Court and Anthony Kennedy determined that if you remain silent before police read your Miranda rights, that silence can and will be held against you. Here’s what that means.

Basically, if you’re ever in any trouble with police (no, we don’t condone breaking laws) and want to keep your mouth shut, you will need to announce that you’re invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut. “Petitioner’s Fifth Amendment claim fails because he did not expressly invoke the privilege against self-incrimination in response to the officer’s question,” reads the opinion from Justice Samuel Alito (pdf), which Justice Kennedy and Chief Justice John Roberts backed. Justices Thomas and Scalia had a concurring opinion while the remaining four Supremes dissented.

Law Professor Jonathan Turley explains the impact of the ruling

The case began on the morning of December 18, 1992 when two brothers were shot and killed in their Houston home. A neighbor told police that someone fled in a dark-colored car. Police recovered six shotgun shell casings at the scene. Police inteviewed Salinas who was a guest at a party that the victims hosted the night before they were killed. He owned a dark blue car. While this was a noncustodial interview and Salinas answered questions by the police, he stopped answering when a police officer asked whether his shotgun “would match the shells recovered at the scene of the murder.” The record states that, rather than answering “petitioner ‘[l]ooked down at the floor, shuffled his feet, bit his bottom lip, cl[e]nched hishands in his lap, [and] began to tighten up.'” Notably, there was insufficient evidence to charge him with the crime. However, a statement later by another man (who said that Salinas admitted to the killings) led to the charge.

Salinas did not testify at trial, so prosecutors used his silence against him. [..]

Of course, now the police need only to ask questions before putting some into custody to use their silence against them. What is particularly troublesome is how subjective this evidence is. To use the silence and demeanor of a suspect on this question is highly prejudicial and equally unreliable. Yet, now the refusal to answer questions (which is your right) can now be used against you. You can imagine how this new rule can be used any time someone wants to speak with a lawyer or a family member. Police can now recount how they did not assist them or volunteer information.

Citizens will now be able to have protected silence only after being placed in custody. Of course you had that right before that point, but silence would now be incriminating. That gives police every incentive to delay custody – an incentive that already exists due to other rules like Miranda.

An law school professor and former criminal defense attorney tells you why you should never agree to be interviewed by the police.

An Idaho attorney addresses the issue of speaking to the police when you have been accused of a crime. A criminal defense lawyer’s perspective on the pitfalls of submitting to an interrogation. Attorney Craig Atkinson addresses the many issues surrounding the legal system, and how due the nature of the adversarial justice system, a defendant’s best bet is to keep quiet.

Even police officers agree you shouldn’t talk to them.

So if the police or law enforcement want to talk to you what should you do. According to the article in The Atlantic Wire by Alexander Abad-Santos:

Basically, if you’re ever in any trouble with police… and want to keep your mouth shut, you will need to announce that you’re invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut.

Invoke your Fifth Amendment right to remain silent then shut up.  

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