Blogiversary VII: The FISA-ing

The main ingredient, un-7-up'd. (photo: Craig Duncan via Wikipedia)

The main ingredient, un-7-up’d. (photo: Craig Duncan via Wikipedia)

December 30, 2005–a day that will live in infamy.

Well, for me, anyway. (And maybe a few of you.) For it was on that day–seven years ago, today–that all of this began. . . all of this blogging thing.

No, not for everybody–this is about me!

A callow newbie to some, a grizzled vet to others, as of today, I have been in the blogging game for seven years, and so, in keeping with the tradition established by my original blog–guy2K: a journal of politics, popular culture, and mixed drinks–I give you a themed cocktail:

The Seven & Seven

Pour 2 oz. Seagram’s Seven Crown Whiskey into a highball glass; fill with ice.

Top with about 7 oz. 7-Up; stir lightly.

Garnish with a lemon slice.

I know, that seems pretty humdrum for this age of the artisanal cocktail. Whiskey and soda pop, how high school! But not only is it so seventh anniversary appropriate–so seven nice they seven’d it twice–it is also special for another reason. It is perhaps the most branded cocktail recipe I know. Sure, you could mix Jeremiah Weed and Bubble Up, and it might taste pretty darn similar, but what the hell are you going to call it? The Weed & Bubble?

That does not sound good.

And the Seven & Seven is not just a good drink for my seventh blogiversary (yes, I used to spell it “blogaversary,” but this seems to now be an actual thing, and the spelling with the “i” now seems to be the preferred one)–it being all seven-ie and all–the Seven & Seven’s specificity makes it a very appropriate cocktail for this last weekend of the year for a more, shall we say, “all inclusive” reason.

Friday morning, while some were distracted by Washington’s self-inflicted fiscal clusterfuck, and most were distracted by things that had nothing at all to do with Washington, the US Senate passed a five-year extension to the FISA Amendments Act (FAA)–the oversight-deficient warrantless surveillance program started by the George W. Bush administration. The vote was 73 to 23.

During my first few blogging years, I wrote a lot about the domestic surveillance, FISA (+here) and the Bush administration’s wholesale disregard for the Fourth Amendment. In 2007 and 2008, I hit these topics often, especially as Congress moved forward with the Protect America Act (PAA) and the original FAA, which were supposed to be ways for freshly installed Democratic majorities to expose and rein-in the Bush-Cheney surveillance state.

What actually happened–and you can watch this unfold across my old posts–was, of course, something else. Democrats, either out of expedience, cowardice or naked self-interest, wound up passing a law that went a long way toward legalizing what Bush’s bunch had only hoped to get away with in secret. And not to be missed in that pre-election-year and election-year dog and pony were the positions of certain Senate members who aspired to replace George W. Bush. Most notably, those of the guy that grabbed that brass ring: Barack Obama.

Senator Barack Obama (D-IL) made much of his public opposition to much of what the Bush administration had been doing surveillance-wise in the name of fighting terror (more on that in a moment), he opposed retroactive immunity for telecoms (a key feature of the act) and said he would support a filibuster of the bill threatened by one of his early rivals for the presidential nomination, Chris Dodd (D-CT). But when proverbial push came to proverbial shove a few months later, the distinguished gentleman from Illinois not only failed to push any meaningful changes to the FAA that might have restored some of the rule of law, he actually helped break the filibuster of the bill. Then Obama voted in favor of the nasty new act.

Such an obvious stiff-arm was this to a group of Democrats Obama hoped to have in his camp come election time, that, if my memory serves, he pretty immediately came out with a video (was it on YouTube? I think so. Anyway, here’s the text of his statement) where he said he of course had many problems with the blah blah blah, but because the tools were essential in the fight against terror blah blah blah, he would vote for it now, then work to fix it should he become president. . . blah. . . blah. . . blah.

Fast forward five years–that’s the equivalent of FIVE blog years–and you find a President Barack Obama that has not worked to fix it, but has arguably worked very hard to expand the abilities of the national security apparatus to spy on United States citizens. And on Friday, with the help of the Democratic leadership of the Democrat-controlled Senate, the president worked to beat back each and every amendment to the FAA extension–many of which were proposed by Democrats–that would have tried to if not fix the FISA, at least provide some access to some of the broad outlines of what has been done to Americans by the American government, in the hopes that this bit of sunshine could lead to better oversight.

Why the need for a “clean” bill RIGHT NOW!?!?!

Well, the GOP-controlled House passed this version way back in September, and what with the law sunsetting on December 31, there just wouldn’t be time now to send amendments to any kind of conference, and you can’t let the law expire cause then the terrorists. . . blah blah blah.

Of course, the terrorists nothing. If the Senate did let January 1 come without acting on this gun-to-their-head extension, absolutely nothing going down on behalf of the GWOT would change. All the permissions on all the ongoing investigations would remain good and open for many months to come. But that leads to an even more important point, one again almost completely–no, let’s, this time, just say completely–absent from the coverage of the FISA Amendments Act.

I do not right now have time to go back and refresh everyone’s memory on the history of FISA (I’ve got anniversary cocktails to drink, after all), but let’s just say that even the original 1978 law–though drafted in reaction to illegal Nixon-era domestic surveillance–still had plenty of room for national security intel interests to get legal cover for some types of domestic spying. But the law did impose some limits and some oversight.

But all that changed on. . . .

I know what you’re thinking. You’re thinking I’m going to say “All that changed on 9/11,” aren’t you? I don’t blame you. Back during the PAA/FAA battles five years ago, most reports spoke of the expansion of domestic surveillance in response to the terror attacks on September 11, 2001. Again today–and I’m not going to dig up any links, but throw a rock at any major newspaper, and if you throw it hard enough, hard enough, say, to get back to page A23, because that’s about as close to the front page as this story will get–today you will read that all of this last-minute congressional kabuki all stems from Bush’s original violations of the old FISA law post-9/11/01.

And that would be a big, fat lie. Now, maybe some of today’s reporters weren’t on this story in 2007 or 2008, and they just took for granted the sort of “war on terror” shorthand that comes affixed to this topic, so I guess that would just make it a big, fat, lazy lie–but this idea is just as untrue (and just as easy to uncover as untrue) today as it was way back when I wrote about it the first time.

So, let’s all get this straight for the record: The Bush administration’s expansion of domestic spying was not a response to the terror attacks of 9/11. The Bush admin’s expansion of domestic spying pre-dates those attacks. Bush’s expansion of domestic spying starts as early as February 2001–just weeks after W was inaugurated. Here’s what I wrote on October 19, 2007:

Really, enough with this fairy tale already. If the events of last week involving the statements of former Qwest CEO Joe Nacchio have taught you nothing, perhaps you should go back and read some of the press from early 2006, or, perhaps, James Risen’s book. But no matter which of these sources you read, you should come away with the same understanding: The Bush Administration began collecting phone and e-mail data without a warrant and/or began eavesdropping on US citizens inside the country without a warrant before the attacks of September 11, 2001. Surveillance might—might—have increased after 9/11, but it is now increasingly clear there was plenty going on from the earliest days of Bush-Cheney rule.

You can follow the links in that block quote for more detail.

What do those seven (there’s that number again) months tell you? It tells you that the ramp-up of illegal domestic surveillance was not about uncovering the next al-Qaeda cell (remember how hard it was for Clinton administration holdovers to get any of Bush’s team to care about this pre-9/11), it was about something else. What was that exactly? There are many theories–repression of dissent, intimidation of unfriendly media, opposition research, maybe all of the above–but the point to make is that when you heard folks back then insisting we needed the FAA to protect us from the terra-ists, you needed to call bullshit.

And the same applies today. Sure, there are still some wide-eyed Washington watchers among us who will say, “that was then, but this is now, and now is post-9/11, and now we have a guy who is not Bush in the White House, so now it is about the terra-ists,” but you need to call bullshit on that, too. First and foremost because no president should be above the Fourth Amendment, but also, and also importantly, because if the warrantless domestic surveillance was to keep us safe from terrorism, but the surveillance was expanded long before 9/11/01, and the attacks of 9/11 happened anyway, then this breach of our Constitution did not do what its advocates say it is supposed to do.

Here is where you say, “I’ll drink to that!”

But why drink a Seven & Seven, the world’s most specific cocktail? Because specificity is what it’s all about–or, more accurately, what this FAA is extension not all about.

The whole point of the Fourth Amendment is that Americans should not be subjected to un-checked government power. That if the government wants to search or surveil a US citizen in the US, it has to pick a specific person and a specific crime. The kinds of blanket permissions and basket warrants permitted under the FAA are the very kinds of things the Fourth Amendment is supposed to prevent.

Got that? No archiving of domestic data, no Total Information Awareness, no trawling for keywords in private emails, no “dossiers” on hundreds of millions of Americans who have done nothing except trip one of the NSA’s algorithmic flags–because that sort of non-specific surveillance doesn’t pass Constitutional muster, and it doesn’t protect America from enemies foreign or domestic.

So, I started this tome with a joking toast to the infamous birth of my blog, but, in all seriousness, with the president expected to sign the new FISA Amendment Act today, the day that should live in infamy is December 30, 2012. And that’s not just about me; that’s about everybody.

And I do mean everybody.

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Does the Netroots Care about Nuclear Power?

Van Jones speaking to the faithful at this year’s Netroots Nation conference in Providence, RI – June 9, 2012.

On Thursday, June 7, as hundreds of online journalists and activists gathered in Providence, Rhode Island for the seventh annual Netroots Nation conference to discuss what were deemed the most pressing issues of the day, a smaller group made up of nuclear industry representatives and officials from the Nuclear Regulatory Commission and the US Department of Energy got together 400 miles south to discuss matters they thought even more urgent. While the attendees in the Ocean State were getting training on “how to navigate the action-packed schedule at Netroots Nation [and] survive on two hours sleep (and still be alert for a day of panels!),” owners of the nation’s aging nuclear facilities pursued doubling the length of new operating licenses, floating the possibility that reactors will be allowed to run into their 80th year–twice the original design life of most plants.

As bloggers, organizers, pundits and politicians were discovering the charms of the Beehive of Industry (yes, that is one of Providence’s nicknames), inspectors at Davis-Besse, the oft-discussed, always troubled nuclear power plant near Toledo, Ohio were reporting what they termed a “pinhole” leak releasing about a gallon of radioactive coolant every 10 minutes. The reactor had been shut down for refueling, maintenance and safety inspections, but was supposed to restart last week. . . before the leak was discovered in a pipe weld. (Though the reason behind the leak has yet to be determined, FirstEnergy, Davis-Besse’s owner, has now resumed the restart. . . without so much as a raised eyebrow from regulators.)

This incident at Davis-Besse comes not so very long after the Ohio primary, where the safety of the plant and trustworthiness of its owners and regulators was an issue in the race between two sitting Democratic members of Congress–Representatives Dennis Kucinich and Marcy Kaptur. Forced to run against each other because of redistricting, the plight of Davis-Besse became a defining issue between the two, with Kucinich calling for the plant to remain off-line until the cause of cracks in the containment structure was determined, while Kaptur affirmed her faith in FirstEnergy. Kaptur argued that the failing facility meant jobs for the struggling district–a district that was drawn to favor Kaptur’s old base–and in the end, beat Kucinich for the Democratic nod.

Following this latest breach in safety, Representative-for-another-six-months Kucinich has petitioned the Nuclear Regulatory Commission’s Inspector General (PDF) for an investigation into the NRC’s lax supervision of Davis-Besse.

As the netroots community and representatives of organized labor pondered in Providence whither the union movement in the wake of the Wisconsin recall results, 250 actual union workers, locked out of their jobs at Massachusetts Pilgrim nuclear plant (a short drive from the Rhode Island Convention Center), some for as long as 10 weeks, were filing a five-point grievance with the National Labor Relations Board. The union accused Pilgrim’s operator, Entergy, of coercive and threatening behavior leading up to a June 2 vote on a new labor contract. The workers overwhelmingly rejected the contract a week after the NRC granted Entergy a 20-year license extension for the plant–and 10 days after Pilgrim had to scram because of reduced vacuum in the plant’s condenser.

That there would be problems at a plant where replacement workers have been complaining that they are being asked to do jobs outside their expertise hardly seems surprising. That an ongoing labor action, safety concerns and licensing fight happening just two counties away from Providence would not be an issue at the Netroots Nation convention is a bit more vexing.

While conventioneers in Providence listened to New York Attorney General Eric Schneiderman explain his relative lack of action on the foreclosure fraud crisis as somehow part of what he called a “transformational moment,” members of Pilgrim Watch, a citizen’s group opposed to the Massachusetts nuclear plant, were in court demanding that regulators do more to require post-Fukushima lessons learned be incorporated in required upgrades to Pilgrim’s GE Mark I boiling water reactor (the exact same design as those at Fukushima Daiichi). Activist groups have mounted similar (and additional) legal challenges to the relicensing of Vermont Yankee, another ancient Mark I reactor well into its break-down phase. And in New York, public activism mounts as the Indian Point reactors approach their relicensing hearing.

In fact, Friday, as Netroots Nation attendees wondered why there was a 90-minute gap in the midday schedule (word is conference organizers were hoping to bag the president or vice president as a lunchtime keynote, and the extra time was allotted for additional security. In case you missed it, the closest the conference got to any high-level White House official was a new campaign video, introduced on tape by Obama), the DC Court of Appeals handed down an important decision that could have broad implications for the future of domestic commercial nuclear power. A three-judge panel unanimously ruled that the Nuclear Regulatory Commission was negligent in the way it evaluated plant safety because regulators assumed a solution to the country’s long-term radioactive waste storage crisis when none currently exists.

If you were watching your twitter feed, you might have caught this. If you were sitting in on any of Friday afternoon’s Netroots panels, this ruling probably didn’t come up.

Indeed, throughout the three-plus days of panels, training sessions, caucuses and keynotes, attendees quite likely heard no mention of nuclear power, its persistent threats to safety, its drastic drain on the budget, its onerous oppression of workers or its brazen gouging of rate-payers. For, while there were well over 100 panels, and dozens of other training sessions and caucuses, nothing on the schedule even made a passing attempt to address nuclear energy here in the United States or the ongoing (and growing) crisis of radioactive contamination from Fukushima spreading across the globe.

It would be one thing if this were purely fodder for wonks and science geeks, but as demonstrated above, and in over a year’s worth of columns, nuclear power touches on many (if not most) of the issues considered to be core concerns of the netroots movement. Corporate greed, captured government, worker rights, environmental justice, and a lazy legacy media–its all part and parcel of the nuclear narrative.

And it might not be worth a few precious hours of conference schedule if the fight against nuclear power and its acolytes were a lost cause, but in this post-Fukushima moment (and, yes, we are still in it), the country and the world stand at a crossroads. While the US government seems hell-bent on backstopping a failing, flailing industry, other countries are using this crisis to step back from the next potential nuclear nightmare and commit to a cleaner, renewable energy future. Meanwhile, here in the United States, engaged communities of activists and concerned citizens are organizing to fight on the local level for the protections their federal government has failed to deliver.

The appeals court decision on Friday is a monument, really, to the years of hard work put in by individuals and organizations across the country–and it is a monumental opportunity to learn from this success and build the future of the anti-nuclear movement.

It is a movement that could benefit greatly from the online organizing tools that have breathed so much life into the netroots, but the netroots, too, could learn a few things from the anti-nuclear movement. Providence, with its physical proximity to Pilgrim, and its temporal proximity to so many developments on the nuclear front, would have seemed like a golden opportunity. But the organizers of Netroots Nation appeared to have other priorities.

While the good folks at NIRS–the Nuclear Information and Resource Service–where awarded a booth in the exhibition hall at the Providence convention center, veterans of the conference know there is quite a different level of engagement when it comes to the booths, versus what happens at panels and speeches. (This is to take nothing away from NIRS, which had a table filled with great information, much of which can also be found on their website.)

Fired up?

Some noise was made, quite publicly, as a matter of fact, about this year’s Netroots convention being friendlier to the Obama administration. “I think people are generally on board [with Obama’s reelection effort],” said Raven Brooks, the executive director of Netroots, as he explained to Talking Points Memo that this year’s convention would be relatively free of the confrontation that met White House Communications Director Dan Pfeiffer at the 2011 conference.

“People are fired up about 2012,” said Mary Rickles, who is communications director for Netroots, noting in the same TPM article that she expected an administration presence at this year’s conference. (Again, unless you count Schneiderman, there was none.)

Inside the convention center, Van Jones–briefly part of the Obama administration until driven out by a rightwing witch-hunt, and cofounder of Rebuild the Dream–headlined the last night of speeches. Jones, himself a longtime advocate for renewable energy, instead turned to a theme he has hit often in recent years: that while some might be disappointed with the pace of progress, in the end, it is not Obama’s failing, it is ours. But this time, it being an election year, and everyone thusly “fired up,” Jones put it this way: “We have two tasks: to re-elect the president and re-energize the movement to hold the president accountable.”

Quoting Jones in an email announcing next year’s convention, Brooks underscored the point:

After November has come and gone, our job of pushing for the strongest possible progressive policies will begin in earnest. In short, we’ve got to step up our game.

Inspiring thoughts, perhaps, but ones completely contrary to the way electoral politics has worked in this country about as far back as anyone can remember. Making demands of office-seekers after you’ve pledged your vote is not just cart-before-the-horse, it’s asinine and ass-backwards.

The netroots played a roll in the election of Barack Obama in 2008, though in the eyes of the now-POTUS, not an overly large one. After the election, Team Obama moved quickly to rein in the less-predictable elements of its grassroots campaign while one-by-one riding roughshod over most of the issues that mattered to left-leaning bloggers and online activists. Previous NetNat attendees had a right to boo Obama surrogates, and the folks charged with re-electing the president should be taught to fear that wrath–if not through activism, at least by way of apathy.

Mitt Romney would no doubt make a dismal president–but that is not the point. This election will be decided by turnout, and the Obama campaign will need to motivate parts of his base such as the netroots with reasons to get out and vote for his second term. If online activists want something from Obama in return for going to the polls, the time to demand that, the time to get that on paper–or in pixels–is before election day, not after.

After, Obama doesn’t need you anymore. It’s called a lame duck term for many reasons, but one of them is that the president can easily duck any kind of obligation some might feel he should have to his blandly loyal netizens.

Which brings us back to nuclear power and Netroots Nation. It is not a secret that one of Obama’s great benefactors in past elections has been Exelon, the nuclear giant that not only gave heavily to the 2008 campaign, but once employed both former Obama Chief of Staff Rahm Emanuel and David Axelrod, once a senior Obama advisor and now Communications Director for his 2012 campaign. Obama’s steadfast support for nuclear power–making the point, not once, but twice, in the first weeks after the Fukushima crisis began, to publicly assure that the US commitment to nuclear was strong–now puts him at odds with many countries in the industrialized world, but, more important here, it has always put him at odds with many in the online progressive community. It would be sad to think that conference organizers decided against any anti-nuclear content in an effort to keep this year’s Netroots Nation “onboard” with and “fired up” about a possible administration presence.

But it would be even sadder to think that the fault lies not in these self-anointed stars, but in ourselves. While chances are if you are reading this you have at least some degree of interest in nuclear issues, is it possible that what once was called the “blogosphere” (but now should be considered something more) does not see nuclear power, the looming environmental catastrophe and financial sinkhole it presents, as relevant? Is it that the almighty and always invisible atom is just not as juicy as, say, fracking, or anything with the word “occupy” in it?

That would be a shame–and a mistake–for it is all part of a piece. The work of occupiers across this country over the last year is to be applauded, but some of the things central to the protests, a broken system, a captured government filthy with corporate cash, are central to the fight against nuclear power, as well. And while hydrofracking represents a tremendous threat to our water supply and our climate, and so should be protested full bore, its current profitability might make it less sensitive to activism than nuclear power at this point in its history.

Without government support–without the federal loan guarantees, the Price-Anderson indemnity, state and local tax breaks and rate subsidies–the commercial nuclear power industry would collapse. There would be few demands for license renewals because few plants would turn a profit.

And without a government-run long-term waste repository, the nuclear industry faces even more safety and financial concerns. The lack of storage options is actually a crisis for nuclear operators–and a threat to the safety of a majority of Americans. What this country does with its atomic waste has always been a political issue, too–and it has played out on the political stage throughout this past year. It is an issue that is very sensitive to old-time, easy to grasp, electoral politics, and so it is one sensitive to the newfangled tools of internet organizing.

So, between environmentalists and budget wonks, between regulatory hawks and electoral junkies, and between old-line environmental activists and 21st Century online organizers there is much to discuss. Let’s hope that no matter who is running for whatever office next year, the netroots, and the Netroots Nation conference, find the time and space–and the political will–to engage the dirty, dangerous and expensive threat of nuclear power.

*  *  *

[Full disclosure: I had submitted a panel proposal for the 2012 Netroots Nation conference, and though it was given consideration and, I am told, was in the running till the end, it was not included in the final schedule. The panel was to be called “Clean, Safe, and Too Cheap to Meter? Countering Nuclear’s Lies in a Post-Fukushima Landscape,” and while I was disappointed at not having this opportunity, the far bigger concern for me was that conference organizers chose not to include any sessions on nuclear issues at all. One year’s personal slight is not really a big deal; ignoring the obvious and broad importance of this topic, however, signals a bigger problem.]

Stop SOPA, Stop PIPA

Under the cover of protecting large corporations from online piracy, two bills are advancing through Congress that, in reality, pose a grave threat to the Internet and to Constitutionally protected free speech, itself.

To demonstrate the dangers of a corporate-censored Internet, many important websites are on strike today, January 18, 2012–among them, BoingBoing, reddit, and of course, icanhascheesburger. But to many, the most noticeable absence in this day without the web will likely be Wikipedia.

Wikipedia is dark today, replacing its English language pages with an elegant black splash screen and links to their arguments against the pending legislation. There is also a tool to help you contact your representatives in Congress.

Twitter has refused to join today’s strike (though their CEO says he opposes SOPA), but maybe that’s for the best–because without Wikipedia, we all need somewhere to get our information. And so was born the hashtag #ImWikipedia.

Of course, Twitter does not have a virtual army of fact-checking editors to vet all their “facts,” but, hey, desperate times call for desperate measures!

If you want to learn more about today’s strike, try the Stopsopa Standard. If you want to tell Congress to reject a pair of bills experts say will do little to stop piracy but could do much to chill free speech, then call the Capitol at (212) 224-3121.