I was going to wax politic about our Constitution. And oh, what the heck — why not quote from the end of John Roberts’ decision in Riley v. California (even if he doesn’t believe the Fourth Amendment extends to women’s uteri) — for a reminder of how we got here.
Our cases have recognized that the Fourth Amendment was the founding generation’s response to the reviled “general warrants” and “writs of assistance” of the colonial era, which allowed British officers to rummage through homes in an unrestrained search for evidence of criminal activity. Opposition to such searches was in fact one of thedriving forces behind the Revolution itself. In 1761, the patriot James Otis delivered a speech in Boston denouncing the use of writs of assistance. A young John Adams was there, and he would later write that “[e]very man of a crowded audience appeared to me to go away, as I did, ready to take arms against writs of assistance.” 10 Works of John Adams 247–248 (C. Adams ed. 1856). According to Adams, Otis’s speech was “the first scene of the first act of opposition to the arbitrary claims of Great Britain. Then and there the child Independence was born.” Id., at 248 (quoted in Boyd v. United States, 116 U. S. 616, 625 (1886)).
May we renew James Otis’ fight as we go forward.
But I wanted instead to express my gratitude to several people, who have already made my Fourth. First, the guy collecting cans for deposits who I often see as I walk McCaffrey the MilleniaLab in the early morning. He was the first to wish me a — shouting across the street, in joyous whoops — a Happy Fourth this morning, which gave me great joy. This day belongs to all Americans — may we remember that common purpose and start serving it for all to benefit.
And I especially want to thank the West Michigan farmers who made it to the Farmer’s Market this morning. Not only does that mean we’ll be having strawberry-rhubarb and (the first of the season) cherry pies at our barbecue this evening. But the farmers who picked their first crop of blueberries last night to have them for today will make the kids at the barbecue very happy.
A safe and joyous Fourth to all emptywheel’s readers!
During the second half of 2012, Microsoft had FISA requests affecting 16,000-16,999 accounts, Google had 12,000 – 12,999. We don’t have Yahoo’s numbers for that period, but for the following six month period they had requests affecting 30,000 – 30,999 accounts; given that numbers for the other two providers dropped during this six month period, it’s likely Yahoo’s did too, so the 30,000 is conservative for the earlier period. So the range for the big 3 email providers in that period is likely around 58,000 – 60,997. [Update: Adding FaceBook would bring it to 62,000 - 64,996. h/t CNet]
I’d like to compare what they report with what this report on FISA Amendments Act compliance shows. I think pages 23 through 26 of the report show that NSA had an average of 73,103 selectors selected via NSA targeting on any given day during the period from June 1, 2012 to November 30, 2012. That’s because the notification delays from the period (212 — see page 26) should be .29% of the average daily selectors (see amount on 23 less amount without the notification delays on page 34).
But remember: these are not the same measurement. The government report number is based on average daily selectors, so it reflects the total of selectors tasked on any given day. Whereas the providers are (I think the numbers must therefore show) the total number of customer selectors affected across the entire 6-month period, and they almost certainly weren’t all tasked across the entire 6 month period (though some surely were).
There’s one possible (gigantic) flaw in this logic. The discussion of the FBI targeting is largely redacted in the government memo. And there have been hints — pretty significant ones — that the FBI takes the lead with the PRISM providers. if so, these numbers are totally unrelated.
Also remember, there are at least two other kinds of 702 targeting: the upstream collection that makes up about 9% of the volume of 702 collection, and phone collection, which is going up again.
This would sure be a lot easier if the government actually backed its claims to transparency.
Well, here it is Turkey Day time and there is a big day of football scheduled to go with the bird and fixins. First off, all of us here, me. Marcy, Jim, Rayne and Roving Reporter Rosalind are thankful for your willingness to join us, help us work through difficult issues and support our work. Thank you. Okay, turkey trash talking time!
First game out of the chute is the Pack ‘O Cheese at the Kitties in Detroit. Marcy wants me to talk about how Matt Flynn isn’t worth squat except for in games like this and that he has gotten rich off of just a couple of them. Nope, not gonna do it; won’t jinx Flynn like that. I WANT to say the Packers have a great chance of winning this game, but I can’t. Lions are better at QB, at least as good at RB with Reggie Bush and have Megatron. Oh, and a killer (sometimes more than figuratively) defensive line. If Aaron rodgers were back, it is a whole different story, but he is not. The one weakness of Detroit is the secondary; if Flynn can get some time, he may make some hay there. Still, unless Matt Flynn pulls another miracle out of his butt, edge to the Lions.
Second game is Raiders at Cowboys. This is just L-tryptophan time filler. Seriously, the Raiders suck. They were almost starting to gel with Terrelle Pryor, he of the Sweatervest criminal Ohio State fame, at QB, but he is down and Matt McGloin is up. McGloin has actually not been horrible so far, but Dallas at home for Thanksgiving day is a tall order. Tony Romo and Dez Bryant are starting to click. Heck, there has even been a Demarco Murray siting the last couple of weeks. Dallas needs a win, because the Eagles are also gelling behind Nick Foles and the NFC East is down to those two. How bout them Cowboys!
The night game is on NBC this year, not NFL Network like it was for so long, and features the Steelers at the Defending Champ Ravens. This could be a pretty decent game. Both teams a little spotty this year, but coming together in the second half of the season, especially the Stillers. Both teams are 5-6 and trail the slumping Bengals in the AFC North. The winner of this game has a shot at the playoff; the loser is in trouble. I think Big Ben is just playing better than Flacco right now and that is the difference. But the home field will help the Ravens. A pick em, with a slight edge to the Stillers for an upset in the Ravens home nest.
As you can tell, the tunes this time are supplied by the great John Cash. A superb version of Ghost Riders in the Sky. And here is an absolutely fantastic long form article by Roseanne Cash on her and her father. It is really wonderful, comes with beautiful pictures and is a highly recommended read.
Happy Thanksgiving folks!
I had realized NYC’s fast food workers were striking today, in what may end up being the biggest fast food worker strike. And I always mark the anniversary of Martin Luther King Jr’s assassination, since the tragedy came just a week after I was born.
But I just copped onto the link between the two.
Today is the second citywide day of strikes in New York’s fast food industry. On November 29, 2012, some 200 workers at McDonald’s, Burger King, Wendy’s, KFC, Taco Bell, and Domino’s Pizza locations across multiple boroughs struck in what Jonathan Westin, executive director of NYCC, called “their coming out party.” Before that, Westin explained, the workers had been organizing behind the scenes, keeping their plans quiet. Now, he said, even in the face of intimidation from their bosses, the workers have been able to grow their movement.
“We’ll have double the number of strikers, four or five hundred workers on strike, and double the locations too,” Westin said. “We will have several stores where it will not just be minority strikes like it was last time, we will have the majority of workers at several stores out on strikes, making it hard for them to do business on this day.”
The date, April 4, holds special meaning for the workers and many of their supporters in the community. It is the anniversary of Dr. Martin Luther King, Jr.’s assassination in Memphis, Tennessee. King was in Memphis to support the strike of the city’s sanitation workers, whose “I Am a Man” signs made clear that their labor struggle was part of the larger civil rights fight. Last week, two of those strikers, Alvin Turner and Baxter Leach, met with some of the fast food workers to share advice and inspiration. [my emphasis]
As Ned Resnikoff writes, the plight of the workers are similar: wages so low that it requires welfare support to survive.
Fast food workers and Memphis sanitation workers have had “similar struggles,” said Chad Tall, a strike leader and Taco Bell employee. “The thing that set [the sanitation workers] apart from everyone else is they made a decision to change it.”
Tall is part of a group of fast food workers who met with two surviving members of the 1968 strike in late March. “That’s what they told us,” he said. “Make the decision, then do it.”
Fast food workers are in a similar position to sanitation workers in 1968, said labor and civil rights historian Michael K. Honey, author of a book about the Memphis sanitation strike.
“In the case of sanitation workers, 40% of them were actually getting welfare benefits while they were working full-time jobs because they were so poorly paid,” he told MSNBC. Today, the fast food industry provides an annual mean wage of $18,600, lower than any other industry in the United States.
Fast food unionization is a nascent movement, fighting a lot of structural challenges. But the recent paid work day legislation in NYC made clear, it’s a fight that is a no-brainer, even for outsiders.
Plus, if the mobbed fast food restaurants I saw on my recent drive through very poor rural areas are any indication, it’s a movement that could grow to encompass all parts of the country.
One of the things hot on the nets yesterday was Peter Suderman’s pushback against the anti-WalMart action that has been progressing over the last week, culminating in organized protests at numerous stores across the country on Black Friday. Even Alan Grayson got in on the WalMart Thanksgiving protest mix.
But Suderman, loosing followup thoughts after an appearance regarding the subject on Up With Chris Hayes caused a storm. Here is a Storify with all 17 of Suderman’s Tweet thoughts. Suderman, who is a Libertarian and certainly no progressive, nevertheless makes some pretty cogent arguments, and the real gist can be summed up in just a few of the Tweets:
So the benefits of Walmart’s substantially lower prices to the lowest earning cohort are huge, especially on food.
Obama adviser Jason Furman has estimated the welfare boost of Walmart’s low food prices alone is about $50b a year.
Paying Walmart’s workers more would mean the money has to come from somewhere. But where?
Raise prices to pay for increased wages and you cut into the store’s huge low-price benefits for the poor. It’s regressive.
Suderman goes on to note that WalMart workers are effectively within the norm for their business sector as to pay and benefits.
My purpose here is not to get into a who is right and who is wrong, the protesters or Suderman, I actually think there is relative merit to both sides and will leave resolution of that discussion for others.
My point is that the discussion is bigger than than simply the plight of the WalMart retail workers in the US. WalMart is such a huge buyer and seller that it is the avatar of modern low cost retailing and what it does has reverberations not just in the US life and economy, but that of the world. Ezra Klein came close to going there in a reponse piece to Suderman’s take:
But Wal-Mart’s effect on its own employees pales in comparison to its effect on its supply chain’s workers, and its competitors’ workers. As Barry Lynn argued in his Harper’s essay “Breaking the Chain,” and as Charles Fishman demonstrated in his book “The Wal-Mart Effect,” the often unacknowledged consequence of Wal-Mart is that it has reshaped a huge swath of the American, and perhaps even the global, economy.
Not “perhaps” the global economy Ezra, definitively the global economy. WalMart sets the tone for high volume Continue reading
Every year on this day, I thank the great Michigan producers—and for some years, I’ve been cooking Thanksgiving using only Michigan producers, with just a few ingredient exceptions–who bring us our meal.
Our food was brought to use by many of the same farmers and artisans as last year, though I made my pie crust with whole wheat pasty flour from the Jennings Brothers, and we’ll be drinking Bells and Bowers Harbor this year instead of Founders and Brys Estate.
But I want to focus on the eggs that will go into our pumpkin pie.
You see, it’s been a really tough year for eggs in MI. Many chickens died in the heat wave in June. Then, with the drought, pastured chickens had to work harder to eat and weren’t producing much as a result. And naturally raised chickens are going to be laying almost no eggs this time a year: Mother Nature gives her chickens more time off than Wal-Mart gives its workers?
Mind you, I’ve still been able to get eggs. But eggs—along with stone fruit, particularly tart cherries and peaches, which were devastated by our spring heat wave followed by frost—eggs are one of the things that made an urban girl like me realize how devastating the weather was.
If I had to work hard to remember to ask for eggs ahead of time, think how hard the farmers were working to keep their chickens healthy?
So it was mighty humbling the other day when our farmer handed me eggs. Humbling, because I didn’t think there’d be eggs for purchase in any case. Particularly humbling because she just gave them to me. “Here, don’t tell anyone.” (So I’m telling all of you, just “protecting my sources”!)
Something as prosaic as eggs, become a precious gift due to the rhythm of nature but also the very unnatural thing weather has become.
The food we share on this holiday is always precious, whether it comes from a local farmer or a big supermarket. It’s the sharing, after all, that makes it precious. We’re probably going to need a lot more of that sharing in the years to come.
Thanks to all of you for sharing with us here–may that gracious sharing continue through the next year!
The other day I pointed out that Mitt had chosen to eat lunch at a place that had not yet agreed to pay $.01 a pound more for tomatoes to ensure basic standards for tomato workers.
As of today, Mitt and the rest of us can enjoy Chipotle burritos in good conscience; the chain just signed onto the Coalition of Immokalee Workers Fair Food Program.
From the press release (h/t Elliott):
Chipotle Mexican Grill and the Coalition of Immokalee Workers (CIW), a farmworker-based human rights organization, have reached an agreement that brings Chipotle’s commitment to sustainable food to the CIW’s Fair Food Program. The agreement, which will improve wages and working conditions for farmworkers in Florida who pick tomatoes for Chipotle, comes in advance of the winter tomato-growing season, when most of the nation’s tomatoes come from growers in Florida.
The Fair Food Program provides a bonus for tomato pickers to improve wages and binds growers to protocols and a code of conduct that explicitly include a voice for workers in health and safety issues, worker-to-worker education on the new protections under the code, and a complaint resolution procedure which workers can use without fear of retaliation. The Program also provides for independent third party audits to ensure compliance.
“With this agreement, we are laying down a foundation upon which we all – workers, growers, and Chipotle – can build a stronger Florida tomato industry for the future,” said Gerardo Reyes of the CIW. “But more than this, today’s news marks a turning point in the sustainable food movement as a whole, whereby, thanks to Chipotle’s leadership, farmworkers are finally recognized as true partners — every bit as vital as farmers, chefs, and restaurants — in bringing ‘good food’ to our tables.”
“Chipotle has an unmatched track record driving positive change in the nation’s food supply and is continuously working to find better, more sustainable sources for all of the ingredients we use — sources that produce food in ways that demonstrate respect for the land, farm animals, and the people involved,” said Chris Arnold, communications director at Chipotle. “We believe that this agreement underscores our long-standing commitment to the people who produce the food we serve in our restaurants.”
It may have been made from dirty tomatoes.
The Denver press made a big deal out of the fact that Mitt chose to eat lunch at Chipotle today.
Mitt Romney, in Denver to prepare for Wednesday’s debate, stopped in at a Chipotle on Tuesday. He was joined by Sen. Rob Portman (R-Ohio), who is playing President Barack Obama in Romney’s debate prep.
Romney ordered a burrito with with black beans, pork, guacamole and pico de gallo, according to a pool report.
Now, I’m actually a big fan of Chipotle burritos. But the’ve been stalling on adopting the Coalition for Immokalee Workers’ Fair Food Agreement that provides slightly higher wages and better working conditions for workers with a whole bunch of silly excuses.
Chipotle however, has remained indifferent to the deplorable conditions faced by workers in its tomato supply chain. Nearly two years have passed since Chipotle launched its “investigation” and many questions now beg to be answered. Where are the results of Chipotle’s inquiry into Florida’s farm labor conditions? Where has Chipotle been purchasing tomatoes in the meantime, and how do workers fare in those fields? Is Chipotle actually supplying its East Coast restaurants with tomatoes from Mexico (the only other viable option to Florida tomatoes during nearly half the year), despite the immense increase in the cost and carbon footprint of Chipotle’s food that would result from such a decision? Or is Chipotle still in fact purchasing Florida tomatoes, despite its claims to have suspended purchases from Florida? Are transparency and human rights not a part of Chipotle’s definition of “Integrity”?
This makes Chipotle–in spite of its shiny image and yummier food–stingier than McDonalds, Burger King, and Taco Bell.
Perhaps the press should ask Mitt whether he thinks the people enslaved by Immokalee tomato growers are takers, just like all the other 47% he loathes?
I’m beginning to wonder whether Obama is worried the drought–particularly in the Midwest–could imperil his reelection campaign. I say that because he seems to be avoiding addressing it on the campaign trail. (Compare that to the way he has addressed other tragedies, such as his well-received conversations with the victims of the Aurora shooting.)
To the best of my knowledge, this July 18 photo is as close as Obama has gotten to publicly expressing concern about the drought. And in a press briefing on the drought the same day, both participants–Tom Vilsack and Jay Carney–avoided addressing questions about whether Obama would visit drought affected areas.
Q Secretary, should we be expecting that you and the President will be heading to a drought-stricken area soon? That’s normally a path that you take when you’re trying to show something is a priority.
SECRETARY VILSACK: Well, I can’t speak obviously for the President’s schedule, but I can tell you that actually I was in Pennsylvania yesterday. We do have the Deputy Secretary going to Georgia tomorrow. We’ve got the Under Secretary of the Farm Service Association traveling to several states that are drought-impacted and affected.
Q Is the President going, Jay, to go anywhere –
MR. CARNEY: I don’t have any scheduling updates for the President to provide to you today. If and when I do, I’ll provide them.
Now, I’m not trying to concern troll about the President’s schedule, in the way Republicans are criticizing Obama for not meeting with his Jobs Council. Nor am I saying Obama’s not responding to the drought; the USDA has been making low-cost loans available to those in areas declared a disaster, as well as certain other things that may provide immediate if not long-term relief.
Rather, I’m raising it because I really do think it might affect the election. Consider how many swing states are affected by the drought (conditions have gotten better in MI of late).
And while IA has not been included among the counties in which Vilsack has declared a disaster, its corn harvest has been affected (with 40% deemed poor or very poor on July 22). And their livestock will be affected as well.
First there’s the drought. Last week’s heat wave and the last month’s dry weather hit just as much of America’s corn crop was set to pollinate. And if the corn doesn’t pollinate, it never grows kernels. Even as I’ve been writing this post, USDA sharply cut forecasts for the corn harvest.
As a result, corn prices (soy prices too) are rising sharply. Which will, for better and worse, have repercussions on all the aspects of our super-processed life that relies on corn.
“The drought of 2012 will be one for the records,” said Peter Meyer, the senior director for agricultural commodities at PIRA Energy Group in New York, who forecasts a drop in output to 11 billion bushels if the hot, dry spell lasts another three weeks. “Whether it’s ethanol or livestock, no one is immune from this impending disaster. The ramifications will be widespread, affecting everything from your food to your gasoline.”
And all that’s before any follow-on effects, if the drought continues. Even in Grand Rapids, we’ve had some unusual fires. Rivers that were experiencing historic floods last year are approaching record lows this year; traffic on the Mississippi has already slowed.
Yet all that–even with our country’s industrialized reliance on corn–might be no more concerning than other droughts, such last year’s drought in Texas.
Meanwhile, banksters keep stealing farmers’ money–first via MF Global and now with Peregrine.
The U.S. futures industry reeled as regulators accused Iowa-based PFGBest of misappropriating more than $200 million in customer funds for more than two years, a new blow to trader trust just months after MF Global’s collapse.