Why Congress Probably Won’t Block Marijuana Legalization in Washington, D.C.

Yesterday four members of Congress held a press
conference at which they argued that legislators should not
interfere with marijuana legalization in Washington, D.C. In my
latest Forbes column, I explain why such meddling is
unlikely. Here is how the piece starts:

At a press
conference
 yesterday, Eleanor Holmes Norton, the District
of Columbia’s congressional delegate, urged her colleagues to
respect the will of the voters who overwhelmingly approved marijuana
legalization in the nation’s capital last week. She was joined by
three congressmen, including Dana Rohrabacher (R-Calif.), who said
trying to block legalization in D.C. or in Alaska and Oregon, where
voters also said no to marijuana prohibition last week, would flout
“fundamental principles” that “Republicans have always talked
about,” including “individual liberties,” “limited government,” and
“states’ rights and the 10th Amendment.”

Norton noted that “we’ve had a threat to try to overturn our
legalization initiative.” She was referring to Rep. Andy Harris
(R-Md.), who after the D.C. vote told The
Washington Post
, “I will consider using all resources
available to a member of Congress to stop this action.” Although
there is no doubting Harris’s sincerity, those resources probably
will prove inadequate.


Read the whole thing

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Steven Greenhut: Taxi Deregulation Removes Cabbies’ Economic Shackles

After the Civil War, newly freed slaves and poor
whites in the Deep South often became “sharecroppers” who
farmed land owned by others and paid a share of the crops. Barely
able to eke out a living and unable to buy farms, they became
indebted to the owners and locked into a life of poverty. It sounds
strange at first, writes Steven Greenhut, but San Diego’s taxicab
system — like such systems elsewhere – has parallels to that
antiquated economic model. Eighty-nine percent of the city’s cab
drivers rent cabs. Because of a city-imposed cap on the number of
cabs, these drivers cannot go out on their own. There is no an
opportunity to remove these economic shackles. 

View this article.

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‘Gold Wars’ – Swiss Gold Shenanigans Intensify Prior To November 30 Vote

Submitted by GoldCore

‘Gold Wars’ – Swiss Gold Shenanigans Intensify Prior To November 30 Vote

‘Gold wars’ are intensifying with just 16 days left to polling day in the Swiss Gold Initiative.

The Swiss National Bank (SNB) and establishment parties went “all in” during the week and intensified their campaign. They suggested that passing the Gold Initiative would be a ‘fatal’ for Switzerland and would be positive only for speculators.

The ‘yes’ side countered by saying the SNB’s assertions were alarmist and over the top. They say that it is not an invitation to speculators as there would be a five year transition to gold being 20% of Swiss reserves. They warned that there is a real risk of another debt crisis and a global currency crisis and that gold reserves would protect the Swiss franc and the Swiss economy.

If the Swiss vote to revert to having 20% of currency reserves in gold, the Swiss National Bank will be forced to make huge purchases of gold bullion. Switzerland  and its ‘Gold Initiative’ would contribute to driving the price of gold higher – likely in the short term and contributing to higher prices in the long term.

Understanding the important recent past and what has led to the forthcoming Swiss Gold Initiative is important and why we look at it today. This context is all important and is essential reading for all who wish to understand the key issues in the debate, for all who invest in and own gold internationally and for all Swiss people.

‘Gold Wars’ – The All Important Context and Gold Wars Today

By Ronan Manly,

  • Introduction
  • Golden Constant: Unchanging Swiss Reserves from 1971 to 2000
  • IMF Threat To Swiss Constitutional Gold
  • SNB Working Group  – Begins Gold Lending
  • Solidarity Fund Confusion
  • SNB ‘Expert Group’ Pre Planned Sale Of “Excess” Gold Reserves?
  • Low Turnout Gold Referendum and New Constitution
  • Swiss Gold Expert Ferdinand Lips Speaks Up
  • Jean-Pierre Roth’s Important 20% Diversification ‘Rule of Thumb’

 

Introduction

Much of the background to the sale of Swiss gold reserves in the early 2000s relates back to a number of distinct episodes in Swiss monetary history in the 1990s.

A lot of this period was characterised by what in hindsight looks like coordinated planning on the part of the Swiss National Bank (SNB) to push through a specific figure of 1,300+ tonnes of Swiss gold sales, but which back then looked like an unconnected but bungled series of unrelated changes to Switzerland’s gold and monetary landscape.

Furthermore, it is only by reviewing this series of events that it’s possible to appreciate the genesis  of the current Swiss Gold Initiative and the motivation of the proponents to call a halt to and try to reverse some of what they see as the unwise sale of Swiss gold due to decisions made in the 1990s.

Golden Constant: Unchanging Swiss Reserves from 1971 to 2000

Historically the Swiss Federal Constitution specified a gold backing for the country’s circulating currency. It did not specify a price at which to value the Swiss Franc in relation to gold.

This price was specified in related legislation. When the Bretton Woods system of fixed exchange rates collapsed in 1971 following the suspension by the US of dollar convertibility into gold, the Swiss parliament enacted legislation that linked the Swiss Franc to gold at an official price of SwF 4,590 per kilo (or SwF 142.90 per ounce). This price, at that time, was chosen as a realistic valuation price to enable the preservation of the gold backing for the Franc above a 40% limit (i.e. the value of the Swiss gold holdings at the official price exceeded, by a comfortable margin, 40% of the value of the circulating Swiss Franc currency).

Currency rules also stated that the Swiss National Bank (SNB) was only permitted to buy or sell gold within 1.5% of this official price. Therefore, from 1971 onwards, as the price of gold rose far above this official price, the Swiss National Bank (SNB) was unable to buy or sell gold. This is why Swiss gold reserves remained virtually unchanged at 2,590 tonnes between 1971 to 2000.

IMF Threat To Swiss Constitutional Gold

In 1992, after a concerted political campaign spearheaded by some of the country’s political parties, Switzerland joined the International Monetary Fund following a national referendum.

Under IMF rules, adopted in the latter part of the 1970s, IMF member countries cannot link their currencies to  gold. After joining the IMF, Switzerland was therefore constrained in how it could subsequently revalue its gold reserves since IMF Articles of Association prohibited IMF member countries from linking their currencies to gold.

In June 1995, at a gold conference in Lugano, Switzerland, Jean Zwahlen, one of the three members of the Governing Board of the SNB at that time, told the conference that “to state it bluntly, the Swiss National Bank has no intention whatsoever to sell or mobilise its gold reserves.(1)” At the end of April  1996, Zwahlen left the SNB to take up various private sector board positions (2).

However, in April 1996, Governing Board Chairman, Markus Lusser, set the Swiss gold reserve changes in motion, when he referred to the 40% gold cover as a ‘relic of the past’. (3) Lusser, who been SNB chairman since 1988, then also left the bank at the end of April 1996. (4)

SNB Working Group – Begins Gold Lending

In June 1996, an eight member ‘Working Group’ was appointed by the SNB and Ministry of Finance to purportedly examine the SNB’s investment policy, and to come up with ways of increasing the profitability of the Bank’s reserves. The group appointed consisted exclusively of SNB and Swiss Ministry of Finance officials, and was co-chaired by Peter Klauser, chief legal counsel at the SNB, and Ulrich Gygi from the Swiss Finance Ministry.

Gold sales were supposedly outside the terms of reference of this group.

This group targeted the gold cover rules so as to free up part of the gold reserves in order to start gold lending / leasing operations. By 1996, the gold cover of the Swiss Franc note issue had fallen to just a few percentage points above the minimum 40% level (i.e. the value of the Swiss gold reserves using the old official valuation price only just exceeded 40% of the value of outstanding Swiss Franc currency in circulation).

A change to this cover level only needed legislative and not constitutional approval, so in November 1996, the working group indicated that the gold cover should be reduced from 40% to 25%, and they published these recommendations in a report in December 1996. The portion of the gold reserves not earmarked to cover the note issue could therefore be targeted for gold lending. The group recommended a maximum of 10% of gold reserves to be used in this way, which worked out at a maximum of 259 tonnes of the total 2,590 tonnes.

These changes were ultimately reflected in legislation in November 1997, and as soon as the legislation went through the SNB began its gold lending operations, presumably out of London where most gold lending takes place in conjunction with the LBMA bullion banks.

Solidarity Fund Confusion

On 5th March 1997, the Swiss government announced that they intended to create a humanitarian Fund or Solidarity Fund, to be funded by Swiss gold. This proposal was said to have been conceived by SNB President Hans Meyer for what looks like no compelling reason, and communicated to Swiss President Arnold Koller and Federal Councillor Kaspar Villiger, who then echoed it back as if it had been their idea (5)(6).

On the same day, 5th of March 1997,  the SNB announced that they supported this move by the Swiss government. The proposal was to transfer between 400 and 600 tonnes from the Swiss gold reserves to this Swiss Solidarity Fund, and then sell the gold over a 10 year period.

Note that this Solidarity Fund was not specifically related to US led pressure at that time for Swiss compensation for WWII related incidents, but in the confusing political climate at that time in the 1900s and the pressure on the Swiss banks, it was sometimes confused with WWII related compensation.

At the April 1997 SNB annual general meeting, Hans Meyer, the new chairman of the SNB governing board (7) talked in terms of a 400 tonne transfer of gold to the Solidarity Fund, and even suggested that this gold could stay in the care of the SNB but be administered on an executor basis. This was the first time that Swiss gold sales were quantitated and only 400 tonnes was mentioned.

However, behind the scenes and just over the horizon, the SNB had more substantial plans for the gold reserves.

This Solidarity Fund idea never really gained momentum in Switzerland; in fact it was received by the Swiss public with a lot less than enthusiasm and eventually fizzled out. But what it did do was confuse the citizenry about Swiss gold sales and about referenda during a period in which there were multiple different proposals being discussed by the Swiss political and monetary establishment in and around the topics of gold and currency.

SNB ‘Expert Group’ Pre Planned Sale Of “Excess” Gold Reserves?

A second joint group called the ‘Expert Group’ was appointed in April 1997, again the appointment was by the SNB and the Ministry of Finance and again the group was co-headed by the SNB’s Peter Klauser, and the MinFin’s Ulrich Gygi.

This was a ten member group but five of the members had also been on the first ‘Working Group’. This time around three university academics with constitutional experience were thrown in for good measure but the rest of the panel were from the SNB and the Finance Ministry. The brief of this group was to recommend ways to reform the Swiss monetary system. After supposedly analysing and deliberating, this group’s recommendations included the following:

  • Remove the reference to gold backing from the constitution thereby severing the constitutional link between the Swiss franc and gold. Revalue the gold reserves to a higher level but below market value.
  • Officially grant the Swiss National Bank total independence by writing this stipulation into the constitution. This independence proposal from the SNB was despite the fact that the Bank had been, de facto, independent since its formation in 1906.
  • Make price stability the main priority of the SNB, above and beyond other objectives.

It’s hard to believe that this Expert Group did any independent analysis, since it ended up arriving at conclusions in 1997 uncannily like the SNB’s Peter Klauser had listed in a speech he gave in 1996. As the World Gold Council put it in a 1998 publication:

“Indeed, Dr. Klauser laid out a similar plan to the one proposed by the Expert Group in a speech he gave the day after the Working Group issued its report (18 November 1996) – that is, six months before the appointment of the Expert Group (April 1997).”

Swiss Gold Initiative Logo

The fact that this Expert Group came up with recommendations in 1997 that were in line with what the SNB was trying to push in 1996, to a large extent shows that this entire exercise was pre-planned by the SNB from at least as early as 1996.

The Expert Group also specifically recommended on what they called ‘excess’ gold reserves, and this is crucial to understanding how the subsequent massive gold sales plan of 1300 – 1400 tonnes was put on the table. In what looks very like a classic case of reverse engineering, the Expert Group recommended an upward revaluation in the price of gold from the old official price of SwF 4,590/kg ($96.40 per ounce) to SwF 9,000 / kg, ($189 per ounce).

This SwF 9,000 price was 60% of the market price at that time but there was no specific ‘scientific’ reason why this price was chosen above any other price. Basically, the ‘Experts’ stated that Switzerland needed SwF 10.7 billion in gold as part of its total reserves, which, at a price of SwF 9000, would be equal to 1,200 tonnes. So that left 1,400 tonnes in excess that could be labelled as saleable.

Shockingly, the Expert Group’s recommendations for the wording of the new constitution did not even mention gold, so there was some push back from the Swiss Parliament who made the Expert Group insert a reference to gold in the wording of the new Constitution in relation to reserves. But in the new wording there was no quantification of the amount of gold that should be held in future, it just referred to “a part of it in gold”.

Low Turnout Gold Referendum and New Constitution

The above changes required a new constitution and a national referendum and also changes to Swiss legislation. At the end of May 1998, the Swiss Federal Ministry of Finance published  a press release announcing constitutional changes to reflect the above, stating that “the link between the Swiss franc and gold, written in the constitution, limits the possibility of gold sales for the SNB and should therefore be dropped”.

In a revealing sentence, the Finance Ministry also stated that “According to the SNB, other than current foreign exchange reserves, management of monetary policy only requires about half the current level of gold reserves”. This statement is revealing since it indicates that the Finance Ministry perceived the Expert Group essentially to be the SNB (8) grouping, and not a more diverse representative grouping.

To coincide with the above press release, the World Gold Council (WGC) also released analysis at the end of May 1998 stating that over the previous two weeks they had engaged in “extensive interviews with principal Swiss monetary and financial officials”. The WGCs actions were partially to allay fears in the market over what at the time was a lot of uncertainty surrounding the size and timing of any Swiss gold sales.

The WGC stated at the time that, based on their discussions, the definition of total excess gold was roughly 1400 tonnes, that if any gold was sold then it would be over a 10-20 year period, and that this would work out at between 50 and 100 tonnes per year.

The national referendum on the new Swiss constitution went ahead in April 1999, and was passed by just under 60% of voters in what was a very low turnout of 36% of the electorate.

From 1400 Tonnes to 1300 Tonnes and CBGA

Sometime between mid-1998 and early 1999, the SNB’s target of an excess 1,400 tonnes of gold reserves somehow became a discussion focusing on an excess of 1,300 tonnes of gold.

Why this figure changed is not clear, however, a World Gold Council study at the time in April 1999 stated that “1,400 tonnes was the figure first mentioned. However, in Switzerland, the discussion has since been firmly fixed on 1,300 tonnes. For consistency we have followed Swiss practice.”

Surprising as it may sound now, as of April 1999, there was no clarity amongst gold market observers as to whether there would be any Swiss gold sales and if so, when this would happen. The Swiss Federal Government was still confusing Swiss citizens with the apparent red herring about a Swiss Solidarity Fund funded by Swiss gold sales.

Then suddenly on 26 September 1999, an agreement on coordinated gold sales between 15 European central banks, known as the Central Bank Gold Agreement (CBGA), or Washington Agreement, was announced out of the blue in a move that surprised the gold market. The signatories to the agreement were the 11 Eurozone economics at that time, as well as Switzerland, the UK, Sweden and the European Central Bank.

It was known as the Washington agreement since it had been signed at the annual IMF/World Bank meeting which was held in Washington DC that year.

The Agreement, which would likely have taken months to plan, allowed for the sale of up to 2000 tonnes of gold over a five year period from 2000 until 2004, amongst the signatory central banks. Within the agreement, Switzerland was conveniently given a full allocation of the 1,300 tonnes of gold that it had unscientifically deemed to be in ‘excess’. At the time, it was said that the Washington Agreement was to be monitored by the Bank for International Settlements (BIS) in Basel, Switzerland.

What the CBGA was purportedly drawn up for was to create gold price stability in a market where talk of gold sales by various central banks, including Switzerland, was said to have created a destabilising influence.

What the agreement did do however, especially in the case of Switzerland, was to allow the Swiss National Bank to plough full-steam ahead into an accelerated five year sales program of 1,300 tonnes of gold sales (some 260 tonnes per year) that a few months previously was still being debated and which the Swiss Finance Ministry had said would take place over 10-20 years at 50-100 tonnes per year if it actually went ahead at all.

Swiss Gold Expert Ferdinand Lips Speaks Up

Critics of the SNB’s rush to sign the Washington Agreement in September 1999 point to the fact that the Swiss Parliament hadn’t even passed legislation to authorise Swiss gold sales until December1999, and also that, under Swiss law,  there was a possibility that a referendum could have been scheduled for April 2000 to question these sales.

This referendum did not take place and so the SNB was then unfettered to commence gold sales in May 2000, which it promptly did. The SNB officially then went on to sell 1,300 tonnes of Swiss gold between 2000 and 2004.

This was a very substantial amount of gold – some 325 tonnes per year and likely contributed to gold’s weakness in the early part of the decade.

Well known Swiss banker, financial adviser and author of ‘Gold Wars’ Ferdinand Lips believed that Switzerland had been put under enormous foreign pressure and duress to sell half of its gold reserves, and he wrote in 2002 questioning “Is the SNB on New York’s leash?”, saying that “In my opinion, the once strong, proud and independent SNB has been degraded to an ‘Off-shore Branch’ of the U.S. central bank (the Federal Reserve) and reports directly to Alan Greenspan and his cohorts in New York.”

Ferdinand Lips – Author of ‘Gold Wars’

Lips added that “It is a given that the Swiss gold sales will help New York money center banks to survive a bit longer. It will help them manipulate the gold market. But, gold’s time is still to come. If the SNB does not stop its sales, Switzerland will have to buy back its gold one day but at a higher price. The question is: With what?”(10)

Lips’ question still seems as relevant today as it did in 2002, and may need an answer sooner than anyone thought possible depending on the outcome of the 30 November referendum.

Jean-Pierre Roth’s Important 20% Diversification ‘Rule of Thumb’

One final point to note is that with the upcoming Swiss Gold Initiative referendum stipulating that the SNB should be required to hold at least 20% of its reserves in gold, it’s worth noting that in June 2000, Jean-Pierre Roth (11), the then deputy governor of the SNB, told the World Gold Council that this exact percentage, 20% of reserves in gold, made a lot of sense from a reserve diversification perspective.

Roth said:

“The down-sizing of our gold reserves is limited to 1,300 tonnes. We have no intention to go further than that. At the end of our sales programme, the remaining 1,290 tonnes of gold in our possession will be appropriate in several respects: our gold reserves will represent about 20 per cent of our total assets, which makes a great deal of sense from a diversification point of view. It also meets our constitutional obligation to maintain our gold reserves.

Also, they will back about half of the currency in circulation in Switzerland. A strong gold backing still plays an important role in fostering the public’s confidence in money. They will form a sizeable ‘second line of defence’ without credit, transfer or political risks, to be used in case of emergencies.(12)

Roth went on to become chairman of the governing board of the Swiss National Bank for nine yearsbetween January 2001 and December 2009.

Conclusion

With the SNB now in full media mode arguing against a 20% gold holding in the reserves, perhaps some of the Swiss media might care to interview Dr. Roth who can now be found sitting on the boards of Nestlé, Swiss Re and Swatch.

Given that the 1,300 tonnes of gold sales appear to have been pre-planned by the SNB from approximately the mid-1990s, and given that the gold initiative referendum is about to be put to a public vote in just 16 days, it would be valuable at this juncture to now pose some questions to former Swiss National Bank executives in an effort to understand exactly what went on  with the gold sales plans and negotiations during the late 1990s.
 
Notes:
[1] Gold Wars, Page 184 http://ift.tt/1tRdWaF…
[2] Jean Zwahlen http://ift.tt/14mMI7d
[3] World Gold Council http://ift.tt/1vZWPVK
[4] Markus Lusser: http://ift.tt/14mMFsa
[5] Gold Wars: http://ift.tt/1tRdWaF…
[6] WGC via USA Gold http://ift.tt/1tRdXvm
[7] Hans Meyer: http://ift.tt/14mMI7j
[8] World Gold Council http://ift.tt/1vZWPVM
[9] Switzerland’s gold: Ten key questions about Switzerland’s gold – An examination by the World Gold Council. April 2009, Reprinted at USAGOLD: http://ift.tt/1tRdXvm
[10] Freedom Is Lost in Small Steps – Ferdinand Lips  http://ift.tt/1tRdWaS…
[10] Jean-Pierre Roth: http://ift.tt/14mMI7p
[12] WGC




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Russia Is Preparing For A “Catastrophic” Oil Price Collapse

Vladimir Putin told the state-run TASS news agency that Russia’s economy faces a potential “catastrophic” slump in oil prices, saying, as Bloomberg reports, such a scenario is “entirely possible, and we admit it.” However, Putin reassures that with reserves at more than $400 billion, the country will weather such a turn of events because “we handle our gold and currency reserves and government reserves sparingly.”

“We’re considering all the scenarios, including the so-called catastrophic fall of prices for energy resources, which is entirely possible, and we admit it,” Mr Putin told the state-run Tass news service before attending the G20 summit.

 

“Our reserves are big enough and they allow us to be sure that we will meet our social commitments and keep all the budgetary processes and the entire economy within a certain framework”

 

As Bloomberg reports,

Declining export revenue from oil and natural gas and the central bank’s attempts to shore up the ruble are threatening to exhaust public finances. The non-oil deficit exceeds 10 percent of economic output at a time when the central bank’s defense of the ruble has cut reserves by a fifth from last year’s peak. Still, the currency’s slide helps compensate to an extent as foreign-currency is converted into a larger amount of rubles for the budget.

 

With $421 billion in international reserves, Russia has a “big enough” buffer to meet all social commitments and maintain budgetary and economy stability, Putin said. The value of the stockpile last week extended its slide to the longest since 2008 as the monetary authority attempted to smooth the ruble’s decline.

 

“A country like ours finds the situation easier to cope with,” Putin said. “Why? Because we are producers of oil and gas and we handle our gold and currency reserves and government reserves sparingly.”

*  *  *

Don’t forget, Russia has been preparing for economic war.




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Gay Men Who Can’t Get Laid May Soon Get to Donate Blood

Sadly, tests for cooties still remain theoretical due to lack of research funding.The United States has some
pretty harsh guidelines for blood donations if you’re a gay or
bisexual male: Don’t. The current policy is that if you are a man
who has had sex with another man since 1977, you are not permitted
to donate blood, ever. The policy was put into place in the early
1980s, a remnant of a time where we were a lot less knowledgeable
about the spread of HIV/AIDS and less certain about testing
accuracy. But nowadays, though gay men are still in the highest HIV
risk category in the United States, we know a lot more about
detecting HIV and preventing it from getting it into the blood
supply. There’s no longer a purpose for a blanket ban of all gay
men. After all, according to the Food and Drug Administration’s
(FDA) guidelines, heterosexuals who actually have sex with somebody
HIV positive or with a prostitute only need to wait a year, as do,
mystifyingly, women who have had intercourse with bisexual men,
even though the men themselves are permanently banned. Read a
current donor questionnaire
here
(pdf).

But despite a lot of pressure from gay activists over the past
20 years to change this policy, it has stubbornly stuck. The FDA

acknowledged
a few years back that these policies shut out some
low-risk donors while possibly not actually screening out some
high-risk behaviors well (because it seems to be focused on rate of
transmission among demographics rather than level of risk). But
still no changes have been made.

But yesterday a U.S. Department of Health and Human Services a
panel voted to recommend a change that would put gay men on par
with the other folks mentioned above. Rather than being permanently
banned, gay men and bisexual men would be able to donate blood if
they’ve been abstinent for a year.
According to Bloomberg News
, such a shift would match current
blood donation policies in Canada, Australia, and the United
Kingdom.

The FDA doesn’t have to accept the panel’s recommendation but
they have expressed an interest in making changes, and the Red
Cross endorses the deferral. For those who are curious as to
whether there are gay men out there who have gone for a year
without sex (perhaps watching How to Get Away with Murder,
are you?), a University of California, Los Angeles study estimates
we would see 185,800 additional donors. It’s a gay romance
meet-cute waiting to happen!

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Justice Department Lied in Court About National Security Letters

GagOne of the more aggravating
characteristics of national
security letters
(NSL)—those charming bits of fishing apparatus
the (primarily) FBI uses to extract information from banks,
telecoms, and other third parties about their customers—is the gag
orders they come with. No matter how over the top an NSL may be,
the recipient is forbidden to publicly complain in even the
broadest details about the government’s forced extraction of
sensitive information.

Or could we be wrong about that? As it turns out, last month
Department of Justice Attorney Douglas Letter insisted before the
United States Court of Appeals for the Ninth Circuit that a company
on the receiving end of an NSL “could publicly discuss the fact
that it had received one or more NSLs and could discuss the quality
of the specific NSL(s) that it had received.”

Letter’s argument was a pretty big deal, because it was a
rebuttal to
charges by the Electronic Frontier Foundation (EFF) that the gag
order violate First Amendment rights
by stifling any sort of
discussion of government actions. That’s an argument a lower court

found convincing
(although the same judge later ordered Google
to
comply with a gagalicious NSL anyway
).

Now the feds are saying the First Amendment concerns are
overblown, because recipients really can discuss them.

Except, they can’t. After the EFF sent a “what the fuck?” query
to the Department of Justice, the feds…clarified matters. They

sent a letter
to the court correcting any misconceptions
Attorney Letter may have left in his wake. “That suggestion was
mistaken,” the letter admits. “The district court correctly noted
that ‘the NSL nondisclosure provisions…apply, without
distinction, to both the content of the NSLs and to the very fact
of having received one.'”

Whoops.

As EFF Legal Director
Cindy Cohn points out
, “it’s troubling that we had to raise the
issue before the government addressed it and that it seems the
government was willing to let the court believe that the gag was
narrower than it actually is in order to win the case.”

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Stop-Hunting Algos Dominate S&P 500 Today

It seems the machines are in full stop-hunting mode today. One wonders when regulators will sniff around these ‘hunts’ finally (just as they did in FX markets – which banks paid minimally for this week).

 

Extending beyond highs and lows by a tick or two each time and hinging around VWAP, the machines are running the show again today…




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D.C. Circuit Rejects Priests for Life Challenge to Obamacare Contraceptive Mandate

In a decision issued today, the U.S. Court of Appeals for the
District of Columbia Circuit ruled against a legal challenge filed
by Priests for Life and several allied Catholic organizations
against the religious accommodation provided under the Patient
Protection and Affordable Care Act’s so-called contraceptive
mandate. According to the legal challengers, although religious
nonprofits are allowed to opt out of providing contraceptive
coverage for their employees by submitting a form to the federal
government, the submission of that form still “triggers” insurance
providers to offer separate contraceptive coverage to the
employees, thereby implicating the employers in practices that
violate their religious views.

According to the D.C. Circuit, however, this opt-out procedure
does not amount to a “substantial burden” on the religious liberty
of these nonprofit organizations:

All Plaintiffs must do to opt out is express what they believe
and seek what they want via a letter or two-page form. That bit of
paperwork is more straightforward and minimal than many that are
staples of nonprofit organizations’ compliance with law in the
modern administrative state. Religious nonprofits that opt out are
excused from playing any role in the provision of contraception
services, and they remain free to condemn contraception in the
clearest terms.

The D.C. Circuit’s opinion in Priests for Life v. U.S.
Department of Health and Human Services
is available
here
.

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Feds Engage in Massive Spying on Americans’ Cellphones from the Air

Uncle Sam the Spy The Wall Street Journal has today a
terrific article, “Americans’
Cellphones Targeted in Secret U.S. Spy Program
,” that details
how U.S. Marshals Service aircraft deploy “dirtbox” technology to
spy on millions of Americans’ cellphones from above. The dirtbox
technology (so named as an acronym for the company that makes the
devices, Digital Receiver Technology) functions in much the same
way as “stringray
spy technologies which obtain information about the location of a
person’s cellphone by pretending to be a legitimate cellphone
tower. While stingray devices can scoop up information about
hundreds of innocent cellphone users, dirtbox devices can pick up
information from thousands and tens of thousands of innocent
Americans. 

From the Journal:

The program is the latest example of the
extent to which the U.S. is training its surveillance lens inside
the U.S
. It is similar in approach to the National Security
Agency’s program to collect millions of Americans phone records, in
that it scoops up large volumes of data in order to find a single
person or a handful of people. The U.S. government justified the
phone-records collection by arguing it is a minimally invasive way
of searching for terrorists. …

By taking the program airborne, the government can sift through
a greater volume of information and with greater precision, these
people said. If a suspect’s cellphone is identified, the technology
can pinpoint its location within about 10 feet, down to a specific
room in a building. Newer versions of the technology can be
programmed to do more than suck in data: They can also jam signals
and retrieve data from a target phone such as texts or photos. It
isn’t clear if this domestic program has ever used those features.

Christopher Soghoian, chief technologist at the American Civil
Liberties Union, called it “a dragnet surveillance program. It’s
inexcusable and it’s likely—to the extent judges are authorizing
it—[that] they have no idea of the scale of it.”

With bitter amusement and dismay I noted the juxtaposition of
these two headlines in today’s Washington Post:

Marshals Monitor

Marshals
said to monitor phones from the air
” and “Report:
Most think they live in a privacy dystopia
.”

The second article is reporting the results of a Pew Research
Poll which the Post notes:

Eight in 10 Americans believe the public should be concerned
about the government’s monitoring of phone calls and Internet
communications according to a survey conducted by the organization
in January. 

No kidding. It’s beginning to seem like the list of Federal
agencies that don’t spy on Americans is shorter than the
list of those that
do
.

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The Reason Small Businesses Are Disappearing, As Explained By A Small Business Owner

Confused why despite endless daily propaganda that the US economy is getting better – after all “just look at the record high S&P 500” – fewer and fewer Americans believe the narrative, as the Democrats and Obama found out the very hard way in last week’s midterm elections? Then the following explanation written by the owner of a small business – the segment of the US economy that has historically led every single recovery but this time was left behind – should help answer some questions.

The reason small businesses are disappearing written by a small business owner.

I want to start out by saying that i am a 27 year old male with a small business in Sacramento CA. I started this business a few years ago with savings of 15k. With a lot of hard work and determination i have succeeded, but it sure as hell was not easy. I am a long time lurker and have never seen anyone go in depth about what its like to own a small business and the reason why they are disappearing. Without going into to much detail, i own a furniture store so obviously things are different then other businesses but a lot of the things are the same. I wanted to begin with the things that are killing small businesses. Also only my opinion.

  1. Small Business Loans – Although they are not killing small business they sure as hell don’t help anyone. Unless you are opening a unique small business you are not going to get any funding. By unique i mean something along the lines of creating solar panels. According to a recent investigation by the SBA Inspector General (ill post the article if you would like), over 75% of SBA loans went to large businesses. So basically if you want to open a normal business you need a ton of collateral and a miracle to get a loan.
  2. Permits and Licensing – In opening my specific business the first year totaled about $2000.00.
  3. Advertising – Many small business’s cant afford to take out pages or flyers in the news paper or TV ads so they only have a few choices such as Yelp or the Penny-saver. (Don’t get me started in Yelp).
  4. Street Advertising – While this used to be a good portion of how you get business it is now off limits. Code enforcement will not allow you to put anything outside. No balloons, signs, anything with your store name, window paint more than 50%, or any mattresses. Also delivery vehicles can not be closer than 50 feet from the curb. In my case that means behind the building.
  5. Board of Equalization – Cant go into to much detail here but they sure as hell aren’t here to help.
  6. Health Insurance – Now obviously with the people that have a large work force working full time they will be hit hard by obamacare, but i wanted to give you a perspective on a single person. The cheapest rate for myself and me only, and believe me i have looked around, is $250.00/month. Some might say oh that’s not bad, but let me explain what that covers, NOTHING lol. Basically if something happens to me i have to shell out 6K before insurance gets involved. Also 100 dollar co pay every time i go.
  7. The economy – While many know that when the President comes on TV and says the economy is doing great, we all know it is not, some people don’t. Every month more people drop out of the Labor Force and the number of families on food stamps is sky rocketing. So for those of you who don’t know the economy is terrible because of all the top stories of Kim Kardashian and whoever else, lots of people in america are struggling.
  8. Merchant Fees – This is for credit card processing machines. The machine itself costs 600.00 plus the percentages on sales and cards. Companies such as BofA charge once a year on top of the regular fees $150.00 to protect you from fraud (which they can’t even stop) and yes its mandatory. Paypal or Square seem to be the best options these days.
  9. Fire Department – Yes even the Fire Department wants a piece. Starting last year you must do your own visual inspection and send them a check for 150! Basically if you don’t they will come to your store and give you a million violations for wasting there time.

Something to watch out for is people who check fire extinguishers in business’s. This is a huge scam where they come in without permission to inspect your extinguisher, get you a new one and bill you like 200 the following month. They have no right or permission to enter your business and jump all over you. You can simply tell them politely to get out. They dress like they are fire fighters but they are not.

* * *

The thread with the author’s Q&A continues on Reddit.




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