bureaucracybusters

Archive for the ‘Law Enforcement’ Category

HOW TO END THE GUN MASSACRES

In Politics, Bureaucracy, History, Social commentary, Law Enforcement, Law, Business on July 27, 2015 at 12:10 am

According to The Mass Shooting Tracker, a project of Guns Are Cool, there have been 204 mass shooting events in the United States so far in 2015.

There have been 204 mass shootings — and 204 days — in 2015 so far – The Washington Post

There were

  • 18 mass shootings in April;
  • 39 in May;
  • and 41 in June.

July has been a particularly busy month for those seeking the title of “NRA Poster Boy”: 34 mass shootings so far–and the month isn’t over yet.

So what should the surviving victims of these rampages do to seek redress?

And how can the relatives and friends of those who didn’t survive seek justice for those they loved?

Three things:

First, don’t count on politicians to support a ban on assault weapons.

Politicians–-with rare exceptions–-have only two goals:

  1. Get elected to office, and
  2. Stay in office.

And too many of them fear the economic and voting clout of the National Rifle Association (NRA) to risk its wrath.

Second, don’t expect the mental health profession to prevent such future tragedies.

There is simply no definitive way to predict who is likely to commit mass murder.

And even if such a method were developed, it would likely be ruled unconstitutional.  A person can’t be jailed or hospitalized for fear of what he might do.

Third, those who survived these rampages–-and the relatives and friends of those who didn’t–-should file wrongful death, class-action lawsuits against the NRA.

There is sound, legal precedent for this.

For decades, the American tobacco industry peddled death and disability to millions and reaped billions of dollars in profits.

  • The industry vigorously claimed there was no evidence that smoking caused cancer, heart disease, emphysema or any other ailment.
  • Tobacco companies spent billions on slick advertising campaigns to win new smokers and attack medical warnings about the dangers of smoking.
  • Tobacco companies spent millions to elect compliant politicians and block anti-smoking legislation.
  • From 1954 to 1994, over 800 private lawsuits were filed against tobacco companies in state courts. But only two plaintiffs prevailed, and both of those decisions were reversed on appeal.

  • In 1994, amidst great pessimism, Mississippi Attorney General Mike Moore filed a lawsuit against the tobacco industry.  But other states soon followed, ultimately growing to 46.
  • Their goal: To seek monetary, equitable and injunctive relief under various consumer-protection and anti-trust laws.
  • The theory underlying these lawsuits was: Cigarettes produced by the tobacco industry created health problems among the population, which badly strained the states’ public healthcare systems.
  • In 1998, the states settled their Medicaid lawsuits against the tobacco industry for recovery of their tobacco-related, health-care costs.  In return, they exempted the companies from private lawsuits for tobacco-related injuries.
  • The companies agreed to curtail or cease certain marketing practices. They also agreed to pay, forever, annual payments to the states to compensate some of the medical costs for patients with smoking-related illnesses.

The parallels with the NRA are obvious:

  • For decades, the NRA has peddled deadly weapons to millions, reaped billions of dollars in profits and refused to admit the carnage those weapons have produced: “Guns don’t kill people.  People kill people.”  With guns.
  • The NRA has steadfastly defended the right to own Teflon-coated “cop killer” bullets,” whose only purpose is to penetrate bullet-resistant vests worn by law enforcement officers.

  • The NRA has bitterly fought background checks on gun-buyers, in effect granting even criminals, terrorists and the mentally ill the right to own arsenals of death-dealing weaponry.
  • The NRA has spent millions on slick advertising campaigns to win new members and frighten them into buying guns.

  • The NRA has spent millions on political contributions to block gun-control legislation.
  • The NRA has spent millions attacking political candidates and elected officials who warned about the dangers of unrestricted access to assault and/or concealed weapons.

  • The NRA has spent millions pushing “Stand Your Ground” laws in more than half the states, which potentially give every citizen a “license to kill.”
  • The NRA receives millions of dollars from online sales of ammunition, high-capacity ammunition magazines, and other accessories through its point-of-sale Round-Up Program–thus directly profiting by selling a product that kills about 30,288 people a year.

  • Firearms made indiscriminately available through NRA lobbying have filled hospitals with casualties, and have thus badly strained the states’ public healthcare systems.

It will take a series of highly expensive and well-publicized lawsuits to significantly weaken the NRA, financially and politically.

The first ones will have to be brought by the surviving victims of gun violence–and by the friends and families of those who did not survive it.  Only they will have the courage and motivation to take such a risk.

As with the cases first brought against tobacco companies, there will be losses.  And the NRA will rejoice with each one.

But, in time, state Attorneys General will see the clear parallels between lawsuits filed against those who peddle death by cigarette and those who peddle death by armor-piercing bullet.

And then the NRA–-like the tobacco industry–-will face an adversary wealthy enough to stand up for the rights of the gun industry’s own victims.

Only then will those politicians supporting reasonable gun controls dare to stand up for the victims of slaughters that could have been prevented.

THE CASEY DOCTRINE: MINIMUM COMPLIANCE

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on July 24, 2015 at 12:24 pm

When William J. Casey was a young attorney during the Great Depression, he learned an important lesson.

Jobs were hard to come by, so Casey thought himself lucky to land one at the Tax Research Institute of America in New York.

His task was to closely read New Deal legislation and write reports explaining it to corporate chieftains.

At first, he thought they wanted detailed legal commentary on the meaning of the new legislation.

But then he quickly learned a blunt truth: Businessmen neither understood nor welcomed Franklin D. Roosevelt’s efforts to reform American capitalism. And they didn’t want legal commentary.

Instead, they wanted to know: “What must we do to achieve minimum compliance with the law?”

In short: How do we get by FDR’s new programs?

Fifty years later, Casey would bring a similar mindset to his duties as director of the Central Intelligence Agency for President Ronald Reagan.

William J. Casey 

Congress had banned the Reagan administration from funding the “Contras,” the Right-wing death squads of Nicaragua.

Casey gave lip service to the demands of Congress. But privately, he and Marine Lieutenant Colonel Oliver North set up an “off-the-shelf” operation to overthrow the leftist government of Daniel Ortega.

For three years the operation stayed secret. Then it blew up in November, 1986, as the Iran-Contra scandal.

But the “Casey Doctrine” of minimum compliance didn’t die with Casey (who expired of a brain tumor in 1987).

It’s very much alive among the American business community as President Barack Obama seeks to give medical coverage to all Americans, and not simply the ultra-wealthy.

The single most important provision of the Affordable Care Act (ACA)–-better known as Obamacare–-requires large businesses to provide insurance to full-time employees who work more than 30 hours a week.

For part-time employees, who work fewer than 30 hours, a company isn’t penalized for failing to provide health insurance coverage.

Obama prides himself on being a tough-minded practitioner of “Chicago politics.”  So it’s easy to assume that he took the “Casey Doctrine” into account when he shepherded the ACA through Congress.

But he didn’t.

The result was predictable.  And its consequences are daily becoming more clear.

Employers feel motivated to move fulltime workers into part-time positions–-and thus avoid

  • providing their employees with medical insurance and 
  • a fine for non-compliance with the law.

Some employers have openly shown their contempt for President Obama–-and the idea that employers actually have an obligation to those who make their profits a reality.

The White Castle hamburger chain is considering hiring only part-time workers in the future to escape its obligations under Obamacare.

No less than Jamie Richardson, its vice president, admitted this in an interview.

“If we were to keep our health insurance program exactly like it is with no changes, every forecast we’ve looked at has indicated our costs will go up 24%.”

Richardson claimed the profit per employee in restaurants is only $750 per year. So, as he sees it, giving health insurance to all employees who work over 30 hours isn’t feasible.

Nor is Richardson the only corporate executive determined to shirk his responsibility to his employees.

John Schnatter, CEO of Papa John’s Pizza, has been quoted as saying:

  • The prices of his pizzas will go up–by 11 to 14 cents per pizza, or 15 to 20 cents per order; and
  • He will pass along these costs to his customers.

“If Obamacare is in fact not repealed,” Schnatter told Politico, “we will find tactics to shallow out any Obamacare costs and core strategies to pass that cost onto consumers in order to protect our shareholders’ best interests.”

Consider:

  • Papa John’s is the third-largest pizza takeout and delivery chain in the United States.
  • Its 2012 revenues were $318.6 million, an 8.5 percent increase from 2011 revenues of $293.5 million.
  • Its 2012 net income was $14.8 million, compared to its 2012 net income of $12.1 million.

Had Obama been the serious student of Realpolitick that he claims to be, he would have predicted that most businesses would seek to avoid compliance with his law.

To counter that, he need only have required all employers to provide insurance coverage for all of their employees—regardless of their fulltime or part-time status.

This, in turn, would have produced two substantial benefits:

  • All employees would have been able to obtain medical coverage; and
  • Employers would have been encouraged to provide fulltime positions rather than part-time ones; they would feel: “Since I’m paying for fulltime insurance coverage, I should be getting fulltime work in return.”

The “Casey Doctrine” needs to be kept constantly in mind when reformers try to protect Americans from predatory employers.

THE FIRST RULE OF BUREAUCRACIES

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on July 23, 2015 at 12:02 pm

After spending years of his life sexually abusing boys entrusted into his care, Jerry Sandusky will likely spend the rest of his life as a prison inmate.

On October 9, 2012, a Pennsylvania judge sentenced the 68-year-old former Penn State assistant football coach to at least 30 years in prison.  And he may spend as many as 60 years behind bars.

Following his conviction on June 22, 2012, he had faced a maximum of 400 years’ imprisonment for his sexual abuse of 10 boys over a 15-year period.

Jerry Sandusky (middle) in police custody

After the sentencing decision was announced, Penn State University President Rodney Erickson released a statement:

“Our thoughts today, as they have been for the last year, go out to the victims of Jerry Sandusky’s abuse.

“While today’s sentence cannot erase what has happened, hopefully it will provide comfort to those affected by these horrible events and help them continue down the road to recovery.”

No doubt Erickson–and the rest of Penn State–waned to move on from this shameful page in the university’s history. And the university desperately tried to sweep the sordid scandal out of sight of the ticket-paying public–-and of history.

Among the steps it took:

  • Firing Joe Paterno, the legendary head football coach who had led Penn State to a staggering 112 victories;
  • Ousting Graham Spanier, the university’s longtime president; and
  • Removing the iconic statue of Paterno–long held in worshipful esteem by almost everyone at the football-obsessed institution.

So what remains to be learned from this sordid affair?

A great deal, it turns out.

To begin at the beginning:

In 2002, assistant coach Mike McQueary, then a Penn State graduate assistant, walked in on Sandusky anally raping a 10-year-old boy. The next day, McQueary reported the incident to head coach Joe Paterno.

“You did what you had to do,” said Paterno. “It is my job now to figure out what we want to do.”

Joe Paterno

Paterno’s idea of “what we want to do” consisted of reporting the incident to three other top Penn State officials:

Their idea of “what we want to do” was to close ranks around Sandusky and engage in a diabolical “code of silence.”

As former FBI Director Louis J. Freeh summed up in an internal investigative report compiled at the request of Penn State and released on July 12, 2012:

“Four of the most powerful people at the Pennsylvania State University–-President Graham B. Spanier, Senior Vice President-Finance and Business Gary C. Schultz, Athletic Director Timothy M. Curley and Head Football Coach Joseph V. Paterno–-failed to protect against a child sexual predator harming children for over a decade.

“These men concealed Sandusky’s activities from the board of trustees, the university community and authorities.

Louis Freeh

Louis J. Freeh

“They exhibited a striking lack of empathy for Sandusky’s victims by failing to inquire as to their safety and well-being, especially by not attempting to determine the identity of the child who Sandusky assaulted in the Lasch Building in 2001.

“… In order to avoid the consequences of bad publicity, the most powerful leaders at the University….repeatedly concealed critical facts relating to Sandusky’s child abuse from the authorities, the University’s Board of Trustees, the Penn State community, and the public at large.

“The avoidance of the consequences of bad publicity is the most significant, but not the only, cause for this failure to protect child victims and report to authorities.”

If there is a fundamental truth to be learned from this sordid affair, it is this:

The first rule of any and every bureaucracy is: Above all else, the institution must be protected.

And this holds true:

  • At the level of local / state / Federal government;
  • For-profit organizations;
  • Non-profit organizations; or
  • Religious institutions

During the 48-year reign of FBI Director J. Edgar Hoover, agents had their own version of this: Do not embarrass the Bureau.

Those who did were fired ot shipped to Hoover’s version of Siberia: A posting in remote Butte, Montana.

Within the Catholic Church, countless Catholic priests abusing young boys entrusted to their protection were repeatedly protected by their high-ranking superiors.

In private industry, whistleblowers who report rampant safety violations in nuclear power plants are often ignored by the very regulatory agencies the public counts on to prevent catastrophic accidents.

Imperfect institutions staffed by perfect men obsessed with power, money and fame–-and fearful of losing one or all of these–-can never be expected to act otherwise.

And those who do expect ordinary mortals to behave like extraordinary saints will be forever disappointed.

So how can we at least minimize such outrages in the future?

“Eternal vigilance is the price of freedom,” warned Thomas Jefferson.  And it remains as true today as it did more than 200 years ago.

Add to this the more recent adage: “Sunlight is the best disinfectant.”

The more we know about how our institutions actually work–-as opposed to how they want us to believe they work–-the more chance we have to control their behavior.

And to check their abuses when they occur.

Which they will.

A BRITISH HISTORY LESSON FOR AMERICA

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on July 22, 2015 at 10:13 am

The siege and fall of the Sudanese city of Khartoum is one of the truly epic stories of military history.

And in it lies an invaluable lesson for American policy-makers today.

Khartoum in the 1800s

From March 18, 1884 to January 26, 1885, the charisma and military genius of one man–British General Charles George Gordon–held at bay an army of thousands of fanatical Islamists intent on slaughtering everyone in the city.

At stake were the lives of Khartoum’s 30,000 residents.

Gordon’s story may seen antiquated.  But it bears close inspection as Republicans press the Obama Administration to commit ground forces to “freeing” Syria of its longtime dicator, “President” Bashar al Assad.

It’s a conflict Americans know nothing about–and where they have absolutely nothing to gain.

It’s not only a Syrian civil war but an inner-religious war between Shiite (minority) Muslims and Sunni (majority) Muslims.

The Assad regime is backed by the Iranian-supported terrorist group, Hezbollah (Party of God).  Its enemies include another terrorist group–Al Qaeda.

Hezbollah is comprised of Shiite Muslims, who form a minority of Islamics. A sworn enemy of Israel, it has kidnapped scores of Americans suicidal enough to visit Lebanon and truck-bombed the Marine Barracks in Beirut in 1983, killing 299 Americans.

Flag of Hezbollah

Al-Qaeda, on the other hand, is made up of Sunni Muslims, who form the majority of that religion. It considers Shiite Muslims to be “takfirs”–heretics–and thus worthy of extermination.

Al Qaeda has attacked the mosques and gatherings of liberal Muslims, Shias, Sufis and other non-Sunnis.  Examples of these sectarian attacks include the Sadr City bombings, the 2004 Ashoura massacre and the April, 2007 Baghdad bombings.

Flag of Al-Qaeda

It’s all very reminiscent of events in the 1966 epic film, “Khartoum,” starring Charlton Heston as British General Charles George Gordon.

Charlton Heston (left); Charles George Gordon (right)

In 1884, the British Government sends Gordon, a real-life hero of the Victorian era, to evacuate the Sudanese city of Khartoum.

Mohammed Achmed, a previously anonymous Sudanese, has proclaimed himself “The Madhi”  (The Expected One) and raised the cry of jihad.

The Madhi (played by Laurence Oliver) intends to drive all foreigners (of which the English are the largest group) out of Sudan, and exterminate all those Muslims who did not practice his “pure” version of Islam.

Gordon arrives in Khartoum to find he’s not fighting a rag-tag army of peasants.  Instead, the Madhi is a highly intelligent military strategist.

And Gordon, an evangelical Christian, also underestimates the Madhi’s religious fanaticism: “I seem to have suffered from the delusion that I had a monopoly on God.”

Laurence Oliver (left); Mohammed Achmed (“The Madhi”)

A surprised Gordon finds himself and 30,000 Sudanese trapped in Khartoum when the Madhi’s forces suddenly appear.  He sends off messengers and telegrams to the British Government, begging for a military relief force.

But the British Government wants nothing to do with the Sudan.  It had sent Gordon there as a sop to British public opion that “something” had to be done to quell the Madhist uprising.

The siege continues and tightens.

In Britain, the public hails Gordon as a Christian hero and demands that the Government send a relilef expedition to save him.

Prime Minister William Gladstone finally sends a token force–which arrives in Khartoum two days after the city has fallen to the Madhi’s forces.

Gordon, standing at the top of a staircase and coolly facing down his dervish enemies, is speared to death.

George W. Joy’s famous–and romanticized–painting of “The Death of Gordon”

(Actually, the best historical evidence indicates that Gordon fought to the last with pistol and sword before being overwhelmed by his dervish enemies.)

When the news reaches England, Britons mourn–and then demand vengeance for the death of their hero.

The Government, which had sought to wash its hands of the poor, militarily unimportant Sudan, suddenly has to send an army to avenge Gordon.

As the narrator of “Khartoum” intones at the close of the film:“For 15 years, the British paid the price with shame and war.”

There is a blunt lesson for Americans to learn from this episode–and from the 1966 movie, “Khartoum” itself.

Americans have been fighting in the Middle East since 2001–first in Afghanistan to destroy Al Qaeda, and then in Iraq, to pursue George W. Bush’s vendetta against Saddam Hussein.

The United States faces a crumbling infastructure, divided government and trillions of dollars in debt.

While Islamic nations like Syria and Egypt wage war within their own borders, they will lack the resources to launch attacks against the United States.

When Adolf Hitler invaded the Soviet Union in 1941, then-Senator Harry Truman said: “I hope the Russians kill lots of Nazis and vice versa.”

That should be America’s view whenever its sworn enemies start killing themselves off.   Americans should welcome such self-slaughters, not become entrapped in them.

DATA SECURITY BREACHES: “WE DON’T CARE, WE DON’T HAVE TO”: PART TWO (END)

In Bureaucracy, Business, History, Law, Law Enforcement, Social commentary on July 21, 2015 at 9:35 am

It’s become as routine as the robbery of the corner liquor store.

Name-brand companies, trusted by millions, hit with massive data breaches that compromise their customers’ and/or employees’ most sensitive financial and personal information.

Among those companies:

  • Target
  • Kmart
  • Home Depot
  • JPMorgan/Chase
  • Staples
  • Dairy Queen
  • Anthem, Inc.
  • Sony Pictures
  • Primera Blue Cross
  • U.S. Postal Service

Click here: Data Breach Tracker: All the Major Companies That Have Been Hacked | Money.com

And as of July 15, Ashley Madison joined this list.

Ashley Madison is, of course, the notorious website for cheating wives and husbands.

Launched in 2001, its catchy slogan is: “Life is short.  Have an affair.”

One of its ads featured a photo of a woman apparently kneeling at the feet of a bare-chested man, her hand passionately clawing at his belt.  Next to her was the caption: “Join FREE & change your life today.  Guaranteed!”  

Ashley Madison - Ashley Madison Agency

Ashley Madison claims to have more than 37 million members.

Calling themselves “The Impact Team,” hackers appear to be enraged at the company’s “full delete” service, which promises to completely erase a user’s profile and all associated data for a $19 fee.

“Full Delete netted [Avid Life Media, the parent company of Ashley Madison] $1.7 million in revenue in 2014,” the hackers were quoted as saying in an online manifesto.  “It’s also a complete lie.

“Users almost always pay with credit card; their purchase details are not removed as promised, and include real names and address, which is of course the most important information the users want removed.”

On July 20, Avid Life Media defended the service, and said it would make it free.

Adultery-dating website Ashley Madison hacked

The hackers demanded: “AM [Ashley Madison] AND EM [Established Men] MUST SHUT DOWN IMMEDIATELY PERMANENTLY.

“We have taken over all systems in your entire office and production domains, all customer information databases, source code repositories, financial records, emails.

“Shutting down AM and EM will cost you, but non-compliance will cost you more.”

The hackers threatened to “release all customer records, including profiles with all the customers’ secret sexual fantasies and matching credit card transactions, real names and addresses, and employee documents and emails.”

Interestingly, the hackers did not target the company’s “CougarLife” website, which caters to female members seeking “a young stud.”

Avid Life Media assured its customers that it had hired “one of the world’s top IT security teams” to work on the breach:

“At this time, we have been able to secure our sites, and close the unauthorized access points. We are working with law enforcement agencies, which are investigating this criminal act.”

This statement gives new meaning to the phrase, “Closing the barn door after the cow has gotten out.”

It’s almost comical, except for the fact that the marriages of millions of people are likely to be threatened by the release of such information.

And it raises the question: Why wasn’t this “top IT security team” hired at the outset?

A website offering cheating services to those wealthy enough to afford high-priced fees is an obvious target for hackers. After all, its database is a blackmailer’s dream-come-true.

This latest breach comes about two months after a similar dating site, Adult FriendFinder–with an estimated 64 million members–was hit with a similar attack.

Again, it was clear that a site like this would be a prime target for those seeking information for blackmail. Yet apparently its owners didn’t care enough about the privacy of their customers to provide adequate security.

“Without question, this is incredibly valuable information,” said J.J. Thompson, founder and chief executive of Rook Security, an IT security firm.

“[Ashley Madison’s customers] are now vulnerable to a significant secret.”

As usual when a corporation’s data breach occurs, Ashley Madison issued a reassuring statement: “We are working with law enforcement agencies, which are investigating this criminal act.

“Any and all parties responsible for this act of cyber-terrorism will be held responsible.”

Brave-sounding words.  But if the hackers make good on their threat, many prominent men in business and politics may soon find themselves facing expensive divorces.

And if that happens, at least some of them may well decide to take out their anger and embarrassment on the websits that assured them that the highly private information they shared was “100% secure.”

That could set a precedent for lawsuits by other victims of such data breaches. Which, in turn, could force profit-obsessed corporations to responsibly protect the highly sensitive information entrusted to them.

There is an important lesson to be learned from this latest disaster.

“Stuff that’s online is pretty much not private, no matter what you might hope or think or wish for,” said Geoff Webb, senior director of solution strategy for security management firm NetIQ.

Old records, like transactions and account details, remain in company databases long after you’ve deleted an account, he said, because the company needs them for tax and other business purposes.

“There used to be an old saying that everybody ends up naked on the Internet at some point,” said Webb.

Although that was meant figuratively, patrons of websites like Ashley Madison could soon find it applying literally.

DATA SECURITY BREACHES: “WE DON’T CARE, WE DON’T HAVE TO”: PART ONE (OF TWO)

In Bureaucracy, Business, Law, Law Enforcement, Social commentary on July 20, 2015 at 12:20 pm

Comedian Lily Tomlin rose to fame on the 1960s comedy hit, Rowan & Martin’s Laugh-In, as Ernestine, the rude, sarcastic switchboard operator for Ma Bell.

She would tap into customers’ calls, interrupt them, make snide remarks about their personal lives.  And her victims included celebrities as much as run-of-the-mill customers.

Lily Tomlin as Ernestine

She introduced herself as working for “the phone company, serving everyone from presidents and kings to the scum of the earth.”

But perhaps the line for which her character is best remembered was: “We don’t care. We don’t have to. We’re the phone company.”

Watching Ernestine on Laugh-In was a blast for millions of TV viewers.  But facing such corporate arrogance in real-life is no laughing matter.

Clearly, too many companies take the same attitude as Ernestine: “We don’t care.  We don’t have to.”

This is especially true for companies that are supposed to safeguard their customers’ most sensitive information–such as their credit card numbers, addresses, emails and phone numbers.

An October 22, 2014 “commentary” published in Forbes magazine raised the highly disturbing question: “Cybersecurity: Does Corporate America Really Care?”

And the answer is clearly: No.

Its author is John Hering, co-founder and executive director of Lookout, which bills itself as “the world leader in mobile security for consumers and enterprises alike.”

Click here: Cybersecurity: Does corporate America really care?

October, 2014 proved a bad month for credit card-using customers of Kmart, Staples and Dairy Queen.

All these corporations reported data breeches involving the theft of credit card numbers of countless numbers of customers.

Earlier breaches had hit Target, Home Depot and JPMorgan/Chase.

And on February 5, 2015, health insurance giant Anthem Inc. announced that hackers had breached its computer system and accessed the medical records of tens of millions of its customers and employees.

Anthem, the nation’s second-largest health insurer, said the infiltrated database held records on up to 80 million people.

Among the customers’ information accessed:

  • Names
  • Birthdates
  • Social Security numbers
  • Member ID numbers
  • Addresses
  • Phone numbers
  • Email addresses and
  • Employment information.

Some of the customer data may also include details on their income.

Click here: Anthem hack exposes data on 80 million; experts warn of identity theft – LA Times

Bad as that news was, worse was to come.

A February 5 story by the Wall Street Journal revealed that Anthem stored the Social Security numbers of 80 million customers without encrypting them.

The company believes that hackers used a stolen employee password to access the database

Anthem’s alleged reason for refusing to encrypt such sensitive data: Doing so would have made it harder for the company’s employees to track health care trends or share data with state and Federal health providers.

Anthem spokeswoman Kristin Binns blamed the data breach on employers and government agencies who “require us to maintain a member’s Social Security number in our systems so that their systems can uniquely identify their members.”

She said that Anthem encrypts personal data when it moves in or out of its database–but not where it  is stored.

This is a commonplace practice in the healthcare industry.

The FBI is now investigating the hack.

According to an anonymous source, the hackers used malware that has been used almost exclusively by Chinese cyberspies.

Naturally, China has denied any wrongdoing.  With a completely straight face, Chinese Foreign Ministry spokesman Hong Lei said:

“We maintain a cooperative, open and secure cyberspace, and we hope that countries around the world will make concerted efforts to that end.”

He also said that the charge that the hackers were Chinese was “groundless.”

Click here: Health Insurer Anthem Didn’t Encrypt Stolen Data – WSJ

Meanwhile, John Hering’s complaints remain as valid today as they did last October.

“One thing is clear,” writes Hering. “CEOs need to put security on their strategic agendas alongside revenue growth and other issues given priority in boardrooms.”

Hering warns that “CEOs don’t seem to be making security a priority.”  And he offers several reasons for this:

  • The sheer number of data compromises;
  • Relatively little consumer outcry;
  • Almost no impact on the companies’ standing on Wall Street;
  • Executives may consider such breaches part of the cost of doing business.

“There’s a short-term mindset and denial of convenience in board rooms,” writes Hering.

“Top executives don’t realize their systems are vulnerable and don’t understand the risks. Sales figures and new products are top of mind; shoring up IT systems aren’t.”

There are three ways corporations can be forced to start behaving responsibly on this issue.

  1. Smart attorneys need to start filing class-action lawsuits against companies that refuse to take steps to protect their customers’ private information.  There is a name for such behavior: Criminal negligence.  And there are laws carrying serious penalties for it.
  2. There must be Federal legislation to ensure that multi-million-dollar fines are levied against such companies–and especially their CEOs–when such data breaches occur.
  3. Congress should enact legislation allowing for the prosecution of CEOs whose companies’ negligence leads to such massive data breaches. They should be considered as accessories to crime, and, if convicted, sentenced to lengthy prison terms.

Only then will the CEO mindset of “We don’t care, we don’t have to” be replaced with: “We care, because our heads will roll if we don’t.”

A MEXICAN APPROACH TO ILLEGAL ALLIENS

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 14, 2015 at 1:20 pm

On January 2, thousands of illegal aliens in California flocked to their local Department of Motor Vehicles (DMV) office to do what they had previously been forbidden to do.

Apply for a driver’s license.

California thus became the 10th state–and the largest–to allow illegal aliens to drive legally in the United States.

An estimated 2.6 million illegal aliens–most of them Latino–in California will now be eligible to get a driver’s license under the new law.

Assembly Bill 60, signed into law by Governor Jerry Brown in 2014, allows illegal aliens to get a license without proof of legal United States residency.

“Millions of immigrant families have been looking forward to this day,” said Democratic Assemblyman Luis Alejo, who sponsored the bill.

“It will allow them to go to work, go to school, take their kids to a doctor’s appointment without fear that they are going to have their car taken away from them, or worse, be put into immigration proceedings.”

But many American citizens believe that those violating the immigration laws of the United States should not have the privilege to drive.

“Their vehicles should be impounded and if they don’t like it, they can go home,” said Don Rosenberg. Rosenberg started a website–Unlicensedtokill.org–after his son was killed by an unlicensed and illegal alien in 2010.

Click here: UnlicensedToKill

Two decades ago, California voters tried to bar illegal aliens from public services, including education. But now the state allows college students brought into the United States as children to pay in-state tuition at California public universities to help ease the costs of higher education.

Meanwhile, Mexico takes a far different approach to illegal aliens.

On May 20, 2010, Mexico’s then-President Felipe Calderon addressed a joint session of the United States Congress–and attacked an Arizona law that allowed law enforcement officials to detain anyone suspected of being in the country illegally.

Felipe Calderon speaking before Congress

According to Calderon, the law “introduces a terrible idea: using racial profiling as a basis for law enforcement.”

The hypocrisy of Calderon’s words is staggering.

Racial profiling?  Consider the popular Latino phrase, “La Raza.”

This literally means “the race” or “the people.” Its meaning varies among Spanish-speaking peoples. In the United States, it’s sometimes used to describe people of Chicano and Mexican descent as well as other Latin American mestizos who share Native American heritage.

It rarely includes entirely European or African descended Hispanic peoples.

So when Latinos say, “The Race,” they’re not talking about “the human race.” They’re talking strictly about their own.

In his lecture, Calderon condemned the United States for doing what Mexico itself has long done: Strictly enforcing control of its borders.

Mexico has a single, streamlined law that ensures that foreign visitors and immigrants are:

  • in the country legally;
  • have the means to sustain themselves economically;
  • not destined to be burdens on society;
  • of economic and social benefit to society;
  • of good character and have no criminal records; and
  • contribute to the general well-being of the nation.

The law also ensures that:

  • immigration authorities have a record of each foreign visitor;
  • foreign visitors do not violate their visa status;
  • foreign visitors are banned from interfering in the country’s internal politics;
  • foreign visitors who enter under ralse pretenses are imprisoned or deported;
  • foreign visitors violating the terms of their entry are imprisoned are deported;
  • those who aid in illegal immigration will be sent to prison.

Calderon also ignored a second well-understood but equally unacknowledged truth:Mexico uses its American border to rid itself of those who might otherwise demand major reforms in the country’s political and economic institutions.

The Mexican Government still remembers the bloody upheaval known as the Mexican Revolution. This lasted ten years (1910-1920) and wiped out an estimated one to two million men, women and children.

Massacres were common on all sides, with men shot by the hundreds in bullrings or hung by the dozen on trees.

A Mexican Revolution firing squad

All of the major leaders of the Revolution–Francisco Madero, Emiliano Zapata, Venustiano Carranza, Francisco “Pancho” Villa, Alvaro Obregon–died in a hail of bullets.

Francisco “Pancho” Villa

Emiliano Zapata

As a result, every successive Mexican Government has lived in the shadow of another such wholesale bloodletting. These officials have thus quietly decided to turn the United States border into a safety valve.

If potential revolutionaries leave Mexico to find a better life in the United States, the Government doesn’t have to fear the rise of another “Pancho” Villa.

If somehow the United States managed to seal its southern border, all those teeming millions of “undocumented workers” who just happened to lack any documents would have to stay in “Mexico lindo.”

They would be forced to live with the rampant corruption and poverty that have forever characterized this failed nation-state. Or they would have to demand substantial reforms.

There is no guarantee that such demands would not lead to a second–and equally bloody–Mexican revolution.

So Felipe Calderon and his successors in power find it easier–and safer–to turn the United States into a dumping ground for the Mexican citizens that the Mexican Government itself doesn’t want.

END THE “REVOLVING MEXICAN DOOR”: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 10, 2015 at 12:25 pm

Republican Congressional candidates like Kentucky U.S. Senator Mitch McConnell have long demanded an end to illegal immigration.

In 2012, former U.S. Senator Rick Santorum made illegal immigration a major issue of his failed campaign for the Presidency.

The Republicans’ chief proposed weapon: Wholesale deportation of millions of illegal aliens from the United States.

But even if a future Republican President dared to take such a politically controversial step, could it actually succeed?

Let’s assume that the Federal Government could identify and arrest all or most of the estimated 11 to 20 million illegal aliens now living in the United States.  Then what?

Sending them back to their native countries would prove a colossal failure.

Most of America’s illegals come from neighboring Hispanic countries. Which means that as soon as they are deported, most of them cross the Mexican border again.

Case in point: Francisco Sanchez, now accused of shooting a woman on a San Francisco pier. With  a history of seven felony convictions, he’s been deported to his native Mexico five times, most recently in 2009.

Click here: Report: Most Illegal Immigrants Come From Mexico – US News

More importantly: The governments of those Central and South American countries use the United States as a dumping ground–of those citizens who might demand reforms in their political and economic institutions.

There is only one approach that could strike a meaningful blow against illegal immigration.  And it might well be called “The Zanti Option.”

Viewers of the 1960s sci-fi series, The Outer Limits, will vividly recall its classic 1963 episode, “The Zanti Misfits.”

In this, soldiers at an American Army base in a California ghost town nervously await first-contact with an alien race that has landed a space ship nearby.

The soldiers are warned to steer clear of the ship, and they do.  But then an escaped convict (Bruce Dern, in an early role) happens upon the scene–-and the ship.

The Zantis, enraged, emerge–and soon the soldiers at the military base find themselves under attack.

A “Zanti”  

The soldiers desperately fight back–-with flamethrowers, machineguns or just rifle butts.  Finally the soldiers  win, wiping out the Zantis.

But now the base–-and probably America–-faces a wholesale invasion from the planet Zanti to avenge the deaths of their comrades.

So the soldiers wait anxiously for their next transmission from Zanti–-which soon arrives.

To their surprise–-and relief–-it’s a message of thanks: “We will not retaliate.  We never intended to.  We knew that you could not live with such aliens in your midst.

“It was always our intention that you destroy them…We are incapable of executing our own species, but you are not.  You are practiced executioners.  We thank you.”

A future Republican President could deal with the tsunami of illegal aliens by launching what might be called “Operation Zanti.”

Rather than deport them to nearby countries–from which they would easily sneak back into the United States–-the Federal Government could ship them off to more distant lands.

Like Afghanistan.  Or Iraq.  Or Syria.

It’s unlikely they will sneak back across the American border from the Middle East.

Such a policy change would:

  1. Close the Mexican revolving door, which keeps illegal immigration flowing; and
  2. Send an unmistakably blunt message to other would-be illegals: “The same fate awaits you.”

Although this might seem a far-fetched proposal, it could be easily carried out by the United States Air Force.

According to this agency’s website: “The C-5 Galaxy is one of the largest aircraft in the world and the largest airlifter in the Air Force inventory.

“The C-5 has a greater capacity than any other airlifter. It [can] carry 36 standard pallets and 81 troops simultaneously.

C-5 transport plane 

“[It can also carry] any of the Army’s air-transportable combat equipment, including such bulky items as the 74-ton mobile scissors bridge.

“It can also carry outsize and oversize cargo over intercontinental ranges and can take off or land in relatively short distances.”

Click here: C-5 A/B/C Galaxy and C-5M Super Galaxy > U.S. Air Force > Fact Sheet Display

Instead of stuffing these planes with cargo, they could be stuffed wall-to-wall with illegal aliens.

The United States Air Force has a proud history of successfully providing America’s soldiers–-and allies–-with the supplies they need.

From June 24, 1948 to May 12, 1949, only the Berlin Airlift stood between German citizens and starvation.

The Soviet Union had blocked the railway, road, and canal access to the Berlin sectors under allied control. Their goal: Force the western powers to allow the Soviet zone to supply Berlin with food, fuel, and aid.

This would have given the Soviets control over the entire city.

Air forces from the United States, England, Canada, Australia, New Zealand and South Africa flew over 200,000 flights in one year, dropping more than 4,700 tons of necessities daily to the besiged Berliners.

The success of the Berlin Airlift raised American prestige and embarrassed the Soviets, who lifted the blockade.

The Berlin Airlift

A similar triumph came during the Yom Kippur War after Egypt and Syria attacked Israel without warning on October 6, 1973.

A Watergate-embattled President Richard Nixon ordered “Operation Nickel Grass” to deliver urgently-needed weapons and supplies to Israel.

For 32 days, the Air Force shipped 22,325 tons of ammunition, artillery, tanks and other supplies.  These proved invaluable in saving Israel from destruction.

So the mass deportation of millions of illegal aliens lies within America’s technological capability. Whether any American President would be willing to give that order is another matter.

END THE “REVOLVING MEXICAN DOOR”: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 9, 2015 at 9:27 am

Except in times of war, no nation has ever been invaded by so many alien residents as the United States.

Throughout 2014, tens of thousands of unaccompanied Hispanic minors–all of them uninvited–illegally entered the United States through the Mexican border.

They are backed up by an estimated 11 to 20 million illegal aliens now living more or less openly throughout the country.

Just as sheer numbers of Mexicans overwhelmed the defenders of the Alamo, this similar Hispanic tidal wave has overwhelmed immigration officials.

Mexicans storming the Alamo – March 6, 1836 

It’s also forced the Obama administration to declare a humanitarian crisis and open three emergency shelters on military bases in California, Oklahoma and Texas.

The invasion is taking its greatest toll in cities that already have large numbers of immigrants–such as New York and Los Angeles.

Newly-arrived alien children and their relatives are flooding into schools and hospitals that are supposedly intended for American citizens.  No sooner do they cross the border than they aggressively seek legal aid in converting their illegal arrival into a lifelong legal stay.

Mexicans storming the United States border – today

For years, Republicans and Democrats have clashed over the subject of illegal immigration.  Each side has taken what seems to be an opposing position.

Democrats favor wholesale grants of unearned citizenship to the estimated 11 to 20 million illegal aliens who brazenly violated the law when they sneaked across American borders.

And Republicams favor beefing up security against future waves of such invaders.

But the brutal truth is that neither Democrats nor Republicans truly want to end these invasionsNor do they want to deport the millions of illegals who have already taken up residence here.

Each party has its own reasons for this.

Democrats, primarily governed by liberal ideology, believe it’s racist for whites to demand control of their own national borders.

They ignore the blunt reality that Mexico–America’s largest source of illegal aliens–strictly enforces control of its own borders.

Mexico has a single, streamlined law that ensures that foreign visitors and immigrants are:

  • in the country legally;
  • have the means to sustain themselves economically;
  • not destined to be burdens on society;
  • of economic and social benefit to society;
  • of good character and have no criminal records; and
  • contribute to the general well-being of the nation.

The law also ensures that:

  • immigration authorities have a record of each foreign visitor;
  • foreign visitors do not violate their visa status;
  • foreign visitors are banned from interfering in the country’s internal politics;
  • foreign visitors who enter under false pretenses are imprisoned or deported;
  • foreign visitors violating the terms of their entry are imprisoned or deported;
  • those who aid in illegal immigration will be sent to prison.

But there’s another reason why Democrats are keen to grant automatic citizenship to millions of illegal aliens: They see them as a huge constituency.

They don’t care that these illegals’ defiance of American immigration laws:

  • Floods the United States with millions of poor non-citizens who don’t speak English.
  • Overwhelms the public school system with children–who also don’t speak English–who require bilingual education.
  • Overwhelms the public healthcare system–especially emergency rooms–with poor illegal aliens.  As a result, urgently-needed medical care is often denied toAmerican citizens.

Click here: Cost of Unlawful Immigrants to the U.S. Taxpayers

But Republicans are equally guilty of refusing to take a hard stand against deporting those whose presence is a blatant affront to America’s immigration laws.

There are two reasons for this:

  1. Like Democrats, Republicans want to recruit them as knee-jerk voters.
  2. Republicans want them as low-skilled, low-wage fodder for their major campaign contributors–such as corporate-farms and retail outlets like Wal-Mart.

Unlike Democrats, however, Republicans like to feign outrage at the presence of so many illegal aliens within their midst.

It’s the Republican base that’s demanding an end to illegal immigration.

Those masses of alienated and angry whites who find themselves living in a nation that’s increasingly alien from themselves.

A nation where “Press One for English” is now the norm when contacting government agencies.  A nation where illegal aliens can obtain free medical care that’s denied to native-born citizens.

American citizens protesting illegal immigration

It was enraged citizens like this who, on June 10, 2014, cost Virginia Congressman Eric Cantor his bid for re-election.  Cantor’s 14-year political career crashed on the fury of Tea Party opposition to illegal immigration.

Still, the question remains: What should be done about the tens of thousands of illegals now swarming into the United States?

Democrats hasten to defend President Barack Obama’s refusal to deport en masse these violators.  They claim he is the victim of unpredictable circumstances.

But they don’t offer any solution that involves wholesale deportations of such invaders.  It’s as if they believe this onrushing tidal wave will somehow recede on its own momentum.

Meanwhile, Republicans essentially take the position of Mitt Romney, their failed 2012 Presidential candidate:  Self-deportation.

This way, the party doesn’t have to actually come out in favor of forcibly returning unwanted foreigners to their respective countries.

But there is a way the United States could deal with this unceasing tsunami of foreign invasions.  It might be called “The Zanti Misfits” solution.

CALIFORNIA ATTORNEY GENERAL DEFIED IMMIGRATION LAWS AS D.A.

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 8, 2015 at 11:34 am

On July 2, Kathryn Steinle decided to go for an evening stroll with her father along the San Francisco waterfront.

It was the last stroll the 32-year-old medical technology worker would ever take.

Kathryn Steinle

They were walking near Pier 14–a favorite area of the city’s tourists–when a pistol shot rang out.

Steinle, hit in the aorta, collapsed, crying, “Dad, help me, help me.”

Her father immediately gave her CPR before paramedics rushed Steinle to a hospital, where she died.

Her accused killer: Juan Francisco Lopez Sanchez, 45, an illegal alien with a history of seven felony convictions. He had been deported to his native Mexico five times, most recently in 2009.

Francisco Sanchez

On March 26, agents of U.S. Immigration and Customs Enforcement (ICE) turned Sanchez over to San Francisco police on an outstanding warrant.

On March 27, a San Francisco Superior Court judge dismissed charges of possession and distribution of marijuana against Sanchez.

Sanchez was released on April 15.

ICE had issued a detainer for Sanchez in March, requesting to be notified if he would be released.  But the detainer was not honored.

The reason?  San Francisco has been a “sanctuary city” for illegal aliens since 1989.  Its civic officials–acting as though they govern a city-state instead of a small, tourism-dependent city–openly defy Federal immigration laws.

As a result, city and local money cannot be spent on cooperating with Federal immigration authorities.

San Francisco is just one of 31 “sanctuary cities”: Washington, D.C.; New York City; Los Angeles, Chicago; Santa Ana; San Diego; Salt Lake City; Phoenix; Dallas; Houston; Austin; Detroit; Jersey City; Minneapolis; Miami; Denver; Baltimore; Seattle; Portland, Oregon; New Haven, Connecticut; and Portland, Maine.

Kathryn Steinle died because San Francisco authorities chose to defy the legal authority of the Federal Government.

But this is not the first time San Francisco officials have defied Federal immigration authorities–with brutal consequences for American-born citizens.

One of those officials–Kamala Harris–is now California’s Attorney General.

Kamala Harris

From 2004 to 2011, Harris had served as District Attorney for San Francisco. In total defiance of Federal immigration law, she set up a secret unit to keep even convicted illegal aliens out of prison–and in the United States.

San Francisco D.A.’s program trained illegal immigrants for jobs they couldn’t legally hold – Los Angeles Times

Her program, called Back on Track, trained them for jobs they could not legally hold.

One such alumnus was Alexander Izaguirre, an illegal alien who had pled guilty to selling cocaine. Four months later, in July, 2008, he assaulted Amanda Kiefer, a legal San Francisco resident.

Snatching her purse, he jumped into an SUV, then tried to run Kiefer down. Terrified, she leaped onto the hood and saw Izaguirre and a driver laughing.

The driver slammed on the brakes, sending Kiefer flying onto the pavement and fracturing her skull.

The program, Back on Track, became a centerpiece of Harris’ campaign for state Attorney General in 2010.

Steve Cooley, Los Angeles County District Attorney (2000-2012) ran against Harris for the position.  He could have raised Harris’ defiance of Federal law against her: The Los Angeles Times had broken the story in 2009.

But Cooley didn’t have the courage to do it.

Until she was questioned by the Los Angeles Times about the Izaguirre case, Harris had never publicly admitted that the program included illegal aliens.

Harris claimed she first learned that illegal aliens were training for jobs only after Izaguirre was arrested for the Kiefer assault.

Harris said it was a “flaw in the design” of the program to let illegal aliens into the program. “I believe we fixed it,” she told the Times.

Harris never released statistics on how many illegal aliens were included since the program started in 2005.

She said that after Izaguirre’s arrest she never asked–or learned–how many illegal aliens were in Back on Track.

When Harris learned that illegal aliens were enrolled, she allowed those who were following the rules to finish the program and have their criminal records expunged.

It is not the duty of local law enforcement, she said, to enforce Federal immigration laws.

So much for her oath to faithfully defend the Constitution of the United States and that of the state of California “against all enemies, foreign and domestic.”

From 2005 to 2009, 113 admitted drug dealers graduated from Back on Track.  Another 99 were kicked off the program for failing to meet the requirements.  They were sentenced under their guilty plea, the D.A.’s office claimed.

Harris told the Times that graduates of Back on Track were less likely than other offenders to commit crimes again.  But her spokeswoman refused to offer detailed statistics to back this up.

When Harris became San Francisco District Attorney, she vowed she would “never charge the death penalty.” Her opposition to capital punishment would be better-suited to a public defender.

Meanwhile, Amanda Kiefer left California.  Interviewed by the Times, she said she could not understand why San Francisco police and prosecutors would allow convicted illegal aliens back onto the streets.

“If they’re committing crimes,” she said, “I think there’s something wrong that they’re not being deported.”

It’s a sentiment that law-abiding Americans agree with.  And it should go double for those who are charged with enforcing the law.

Follow

Get every new post delivered to your Inbox.

Join 2,079 other followers

%d bloggers like this: