PATRIOT Act Author Meets With EU Parliament To Say NSA Is Out Of Control

Rep. Jim Sensenbrenner, Republican Congressman from Wisconsin
and a chief architect of the Patriot Act, has made headlines for

criticizing the NSA’s domestic spying
. He considers the spying
– and Dianne Feinstein’s recently
proposed legislation
to codify it into legal legitimacy – a

“scary”
overreach of federal powers that undermines civil
liberties. Earlier this week, Sensenbrenner met with members of the
European Parliament to discuss his plan for reining the agency
in.

The meeting took place at the Parliament’s
Committee on Civil Liberties, Justice, and Home Affairs’ hearing on
the United States’ mass surveillance of EU citizens. According to

the Guardian
, it is likely the first time a
US congressman has delivered testimony before a European parliament
committee.

Sensenbrenner, who was the chairman of the House Judiciary
Committee during the 9/11 attacks, told the committee that while he
continues to support the intentions and effectiveness of the
Patriot Act, he believes it has been used misused and abused by the
NSA.

Sensenbrenner’s testimony, from
PJ Media
:

Congress knew the country needed new tools and broader
authorities to combat those who meant to harm us, but we never
intended to allow the National Security Agency to peer
indiscriminately into the lives of innocent people all over the
world.

I firmly believe the Patriot Act saved lives by strengthening
the ability of intelligence agencies to track and stop potential
terrorists, but in the past few years, the National Security Agency
has weakened, misconstrued and ignored the civil liberty
protections we drafted into the law,” he said, adding that the NSA
“ignored restrictions painstakingly crafted by lawmakers and
assumed a plenary authority we never imagined.

Worse, the NSA has cloaked its operations behind such a thick
cloud of secrecy that, even if the NSA promised reforms, we would
lack the ability to verify them.

Sensenbrenner then discussed has proposed legislation. The

USA Freedom Act
, which he co-introduced with Senator Pat Leahy
(D-VT), aims to end
metadata collection
 and create several other “privacy
protections” for citizens. It has so far
garnered more than 100 co-sponsors
as well as endorsements from
groups like the ACLU and the NRA. 

Although Sensenbrenner informed the committee members that there
was little his bill could realistically do to curtail overseas
spying on their citizens, the Guardian
reports
that his testimony was still “well received.”

from Hit & Run http://reason.com/blog/2013/11/15/patriot-act-author-meets-with-eu-parliam
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Is the President's Obamacare Tweak Legal?

Writing at the Volokh Conspiracy, Case Western
Reserve Law Professor Jonathan Adler is
skeptical
:

According to the President’s announcement, insurance companies
will be allowed to renew policies that were in force as of October
1, 2013 for one additional year, even if they fail to meet relevant
PPACA requirements. What is the legal basis for this change? The
Administration has not cited any. (See, e.g., this
letter 
to state insurance commissioners explaining the
change.) According to various press
reports
, the Administration argues it may
do this as a matter of enforcement discretion
 (much as it
did with immigration). In other words, the Administration is not
changing the law. It’s just announcing it will not enforce federal
law (while simultaneouslythreatening
to veto
 legislation that would authorize the step the
President has decided to take).

Does this make the renewal of non-compliant policies legal? No.
The legal requirement remains on the books so the relevant health
insurance plans remain illegal under federal law. The President’s
decision does not change relevant state laws either.  So
insurers will still need to obtain approval from state insurance
commissioners. This typically requires submitting rates and plan
specifications for approval. This can take some time, and is
disruptive because most insurance companies have already set their
offerings for the next year. It’s no wonder that some insurance
commissioners have already indicated they
have no plans to approve non-compliant plans
.

Yet even if state commissioners approve the plans, they will
still be illegal under federal law. 

We’ve already seen resistance from state insurance
commissioners, who have argued that the president’s proposed tweak

simply isn’t feasible
. And the health insurance industry
doesn’t seem particularly thrilled with the plan either. Insurers
have a meeting at the White House today, so we’ll presumably have a
better idea of where health plans stand by the end of the
day. 

from Hit & Run http://reason.com/blog/2013/11/15/is-the-presidents-obamacare-tweak-legal
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Is the President’s Obamacare Tweak Legal?

Writing at the Volokh Conspiracy, Case Western
Reserve Law Professor Jonathan Adler is
skeptical
:

According to the President’s announcement, insurance companies
will be allowed to renew policies that were in force as of October
1, 2013 for one additional year, even if they fail to meet relevant
PPACA requirements. What is the legal basis for this change? The
Administration has not cited any. (See, e.g., this
letter 
to state insurance commissioners explaining the
change.) According to various press
reports
, the Administration argues it may
do this as a matter of enforcement discretion
 (much as it
did with immigration). In other words, the Administration is not
changing the law. It’s just announcing it will not enforce federal
law (while simultaneouslythreatening
to veto
 legislation that would authorize the step the
President has decided to take).

Does this make the renewal of non-compliant policies legal? No.
The legal requirement remains on the books so the relevant health
insurance plans remain illegal under federal law. The President’s
decision does not change relevant state laws either.  So
insurers will still need to obtain approval from state insurance
commissioners. This typically requires submitting rates and plan
specifications for approval. This can take some time, and is
disruptive because most insurance companies have already set their
offerings for the next year. It’s no wonder that some insurance
commissioners have already indicated they
have no plans to approve non-compliant plans
.

Yet even if state commissioners approve the plans, they will
still be illegal under federal law. 

We’ve already seen resistance from state insurance
commissioners, who have argued that the president’s proposed tweak

simply isn’t feasible
. And the health insurance industry
doesn’t seem particularly thrilled with the plan either. Insurers
have a meeting at the White House today, so we’ll presumably have a
better idea of where health plans stand by the end of the
day. 

from Hit & Run http://reason.com/blog/2013/11/15/is-the-presidents-obamacare-tweak-legal
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CIA Database Tracks All US Money Transfers

While hardly as dramatic as ongoing revelations of Big NSA Brother probing every aspect of Americans’ lives, overnight the WSJ reported that in addition to the complete loss of privacy – which should now be taken for granted – the CIA has been added to the list of entities that scrutinize every online interaction, and is “building a vast database of international money transfers, including Western Union, that includes millions of Americans’ financial and personal data, officials familiar with the program say.” The program will be (and is) carried out under the same provision of the Patriot Act that enables the National Security Agency to collect nearly all American phone records. In other words, instead of being upfront that all the CIA, and administration, care about is tracking large flows of money that may have “evaded” taxation, and is traditionally used by expats to send modest amounts of money back to their host countries, what the CIA is instead focusing on is whether mom and pop are using Western Union to deposit $500 in Al-Qaeda’s account in Afghanistan.

The WSJ explains as much:

The data is obtained from companies in bulk, then placed in a dedicated database. Then, court-ordered rules are applied to “minimize,” or mask, the information about people in the U.S. unless that information is deemed to be of foreign-intelligence interest, a former U.S. official said.

 

A limited number of analysts are allowed to search the database with queries that meet court-approved standards. This is similar to the way NSA handles its phone-data program.

 

 

The CIA, as a foreign-intelligence agency, is barred from targeting Americans in its intelligence collection. But it can conduct domestic operations for foreign intelligence purposes. The CIA program is meant to fill what U.S. officials see as an important gap in their ability to track terrorist financing world-wide, current and former U.S. officials said.

 

The program serves as the latest example of blurred lines between foreign and domestic intelligence as technology globalizes many activities carried out by citizens and terrorists alike. The CIA program also demonstrates how other U.S. spy agencies, aside from the NSA, are using the same legal authority to collect data such as details of financial transactions.

Ah yes, “limited number.” And since every single American is a potential sponsor of terrorism, it is only logical that this latest dragnet covers absolutely every single US citizen. And in the outlier case that the CIA also taps, investigates, records, and just happens to forward to the IRS, every single money transfer originating or terminating in the US, oh well.

The data collected by the CIA doesn’t include any transactions that are solely domestic, and the majority of records collected are solely foreign, but they include those to and from the U.S., as well. In some cases, it does include data beyond basic financial records, such as U.S. Social Security numbers, which can be used to tie the financial activity to a specific person. That has raised concerns among some lawmakers who learned about the program this summer, according to officials briefed on the matter.

What is peculiar is that unlike wire transfers which are virtually unlimited in size, and scrutinized by all relevant, and irrelevant, authorities money transfers are for the most part tiny and anything that is of a more sizable amount, over $3000, is already subject to the microscope treatment:

Money transfer forms differ depending on location and type. But they ask for the names, addresses and telephone numbers of senders and receivers. Depending on the transfer, senders and receivers also may be asked to provide the date and place of their birth. In most locations in the U.S., people sending $1,000 or more must provide an ID such as a driver’s license. People sending $3,000 or more must provide additional ID, such as a Social Security number or passport.

However, it appears the small transfer limit did not trouble Al-Qaeda:

The money-transfer program appears to have been inspired by details of the Sept. 11, 2001, terrorist plot, in which the al Qaeda hijackers were able to move about $300,000 to U.S.-based bank accounts without arousing suspicion. In part, it was because the transactions were comparably small and fit the pattern of the remittances used by immigrants or foreign visitors to send money home.

 

Some of the transfers were between bank accounts, but some moved through person-to-person transfers. In 2000, Sept. 11 plot facilitator Ramzi Binalshibh made a series of transfers, totaling more than $10,000, from Germany to the U.S., where they were collected by hijacker Marwan al-Shehhi. Two transfers were through MoneyGram and two through Western Union.

And while hardly as dramatic in the grand scheme of things, the WSJ report shows just how much, or little, personal privacy hinges on one simple word:

That program was institutionalized by 2006 and continues under a controversial authority tucked into a part of the Patriot Act known as Section 215. That law permits the government to obtain “tangible things,” including records, as long as the government shows it is reasonable to believe they are “relevant” to a terrorism investigation.

 

Under that provision, the U.S. government secretly interpreted the term “relevant” to permit collection of records on millions of people not necessarily under suspicion. That secret interpretation, used to justify the legality of the phone-records program, was brought to light in the wake of the revelations by former NSA contractor Edward Snowden.

 

The interpretation also was used by CIA as the legal underpinning of its bulk financial-records effort under the money-transfer program, officials said.

One doesn’t need to clarify that just like with the NSA, the CIA is logging, recording and analyzing every single money transfer of even the most nominal amount. Which, quite simply, continues to build an architecture for the full tracing of all electronic monetary transactions in the US. Because once every flow of funds is logged at even the most micro level, the US will be able to not only regulate and supervise, but to implement any type of capital and fund flow controls it desires. Which it will in due course.


    



via Zero Hedge http://feedproxy.google.com/~r/zerohedge/feed/~3/QjCmB2dRDKE/story01.htm Tyler Durden

Twitter Options Open Over 25% More “Expensive” Than Facebook

Twitter’s stock price is not happy. The unleashing of Twitter options this morning appears to have created a need to sell the underlying (after yesterday’s exuberant pre-options jump). Over 1 million lots (100 million shares) have changed hands already in Twitter across all maturites but perhaps most notable is the demand. At-the-money implied volatility (an apples-to-apples way of comparing options ‘costs’) is around 50% for a December maturity which compares to 40% for Facebook options of the same maturity. It seems more than a few of the IPO owners are looking to hedge (as puts are notably more “expensive” than calls).

 

  • FB Dec Calls 39.75%, Puts 39.92%
  • TWTR Dec Calls 49.02%, Puts 50.76%

 


    



via Zero Hedge http://feedproxy.google.com/~r/zerohedge/feed/~3/c64-824zWjg/story01.htm Tyler Durden

Twitter Options Open Over 25% More "Expensive" Than Facebook

Twitter’s stock price is not happy. The unleashing of Twitter options this morning appears to have created a need to sell the underlying (after yesterday’s exuberant pre-options jump). Over 1 million lots (100 million shares) have changed hands already in Twitter across all maturites but perhaps most notable is the demand. At-the-money implied volatility (an apples-to-apples way of comparing options ‘costs’) is around 50% for a December maturity which compares to 40% for Facebook options of the same maturity. It seems more than a few of the IPO owners are looking to hedge (as puts are notably more “expensive” than calls).

 

  • FB Dec Calls 39.75%, Puts 39.92%
  • TWTR Dec Calls 49.02%, Puts 50.76%

 


    



via Zero Hedge http://feedproxy.google.com/~r/zerohedge/feed/~3/c64-824zWjg/story01.htm Tyler Durden

Madrid Buried In Trash As Garbagemen Strike Continues For 10th Day

The trouble with proclaiming ‘victory’ over the crisis in Spain (read the whole of Europe) and the ECB enabling governments profligacy with the ghost of OMT future is that it merely emboldens. As Al Jazeera reports, Madrid’s garbage collectors have been on strike since November 5 to protest layoffs and pay cuts. With garbage piling up on the streets of Madrid, the mayor issued private trash-collecting companies an ultimatum on Wednesday: end the street cleaners’ strike or lose their contracts. More than 30,000 residents have signed a petition to the defense minister asking for the streets to be cleaned. The following images show the chaos…

 

Madrid bins overflowing in the streets…

 

 

Translation: Worker for the Madrid garbage collectors yesterday in Madrid protesting against layoffs.

 

Some expressed their frustration with the strike:
Translation: The Madrid Cleaning Strike shouldn’t be called a strike; it’s vandalism and crime. This is how you lose the argument.

Translation: This Madrid Cleaning Strike is lamentable and like the Third World.

 

Seems to us that this might be a great opportunity to put some of the record high unemployed youth back to work… (though one wonders just how big the disincentive to work is in Spain…)


    



via Zero Hedge http://feedproxy.google.com/~r/zerohedge/feed/~3/eYWyrG450c4/story01.htm Tyler Durden

And Another Miss: Industrial Production Contracts 0.1% On Expectations Of A Rise

First it was the Empire Mfg Index. Now it is the turn of Industrial Production which as the Fed just reported declined by -0.1% in October, a drop from the upward revised 0.7% increase in September driven by a -1.6% collapse in mining and a -1.1% drop in Utilities, while pure manufacturing rose a modest 0.3% in October, just above the 0.1% from September. And confirming the increasing slack, Capacity Utilization dipped once again, from the 78.3 in September, to 78.1 once again driven by a notable drop in Mining Capacity down from 90.5 to 88.7.

The lack of a pick up in the economy is shown below:

From the report:

The production of consumer goods decreased 0.1 percent in October after having increased 0.8 percent in September; in October, the index stood 2.5 percent above its level of a year earlier. The output of durable consumer goods fell 0.2 percent: Gains for home electronics; appliances, furniture, and carpeting; and miscellaneous goods were outweighed by a decrease in the index for automotive products, which nevertheless stood more than 11 percent above its year-earlier level. The index for consumer nondurables was unchanged, as a small increase in the output of non-energy nondurables offset a small decline in the output of consumer energy products. Among non-energy nondurables, gains for foods and tobacco, for clothing, and for paper products were partially offset by a loss for chemical products.

 

The output of business equipment rose 0.2 percent in October after an average monthly gain of 0.3 percent during the third quarter. The index for transit equipment declined 0.1 percent, the index for information processing equipment rose 0.2 percent, and the index for industrial and other equipment increased 0.3 percent. Over the past 12 months, the production of business equipment has advanced 5.1 percent, with similarly sized gains in each of its three major components.

 

The output of defense and space equipment rose 0.5 percent in October following gains of 0.8 percent in September and 2.1 percent in August. The index for October was 3.3 percent above its year-earlier level.

 

Among nonindustrial supplies, construction supplies recorded its fifth consecutive monthly increase; the index moved up 0.3 percent in October and was 6.6 percent above its level of a year earlier. The output of business supplies moved up 0.2 percent in October; despite having gained 3.0 percent over the past 12 months, the index was still about 8 percent below its pre-recession peak.

 

In October, the production of materials to be processed further in the industrial sector decreased 0.4 percent, a decline that was driven by a drop of 1.5 percent in the production of energy materials. The output of durable materials rose 0.3 percent, as increased production of equipment parts and other durable materials more than offset a decline in the output of consumer parts. The production of nondurable materials moved up 0.4 percent; textile, paper, and chemical materials each registered gains of 0.5 percent or more, while the index for other nondurable materials was little changed.

In short: the news today so far has been bad enough to validate the “BTFATH mentality” which means Kevin Henry’s 1800 price target on the S&P remains unchanged.


    



via Zero Hedge http://feedproxy.google.com/~r/zerohedge/feed/~3/an7oFiKqCCQ/story01.htm Tyler Durden

Peter Suderman Reviews The Last Days on Mars

Senior Editor Peter Suderman
reviews the new zombies-on-Mars movie, The Last Days on
Mars
:

Zombies, once the exclusive province of low-budget horror, seem
to be just about everywhere in pop-culture these days — on popular
TV shows, in big budget movies and teen-targeted comedies and
interspersed with classic literature. I suppose it was only a
matter of time until they made it to Mars.

No one ever says the word “zombie” in “The Last Days on Mars,”
but there’s no question that it is a zombie movie. And aside from
the extraterrestrial location, it’s really a rather conventional
one, in which a small group of people in a remote area must fight
for their lives when a viral outbreak starts turning them into
power-tool-wielding undead menaces.

The future undead and their victims are near-future astronauts
on an early, six-month manned mission to the Red Planet. It’s a
lonely gig in an inhospitable world, but they’ve got only 19 hours
left (really, the movie could have been called “The Last Day on
Mars”) in their inflated Martian living habitat. Mission
specialist Vincent Campbell (Liev Shreiber) longs for the
blue sky and green grass of Earth, and wants to start the six-month
commute home as fast as possible.

But some of the team wants to work until the very end. One of
the scientists (played by Goran Kostic) gets special
permission from mission leader Charles Brunel (Elias
Koteas) to make a last minute run to fix a sensor. Or so he says.
He’s actually off to collect a specimen he believes could prove the
existence of microbial life on Mars.

Life on Mars! Do undead zombie astronauts count? The movie
lumbers forward in standard zombie-pic fashion, pitting man against
walking dead in a familiar array of sterile corridors, pitch-black
exteriors and strobe-lit hallways. It’s paint-by-numbers sci-fi
monster movie stuff, and it borrows a lot from both the original
“Alien” and John Carpenter’s 1982 remake of “The Thing.”


Read the whole review
 in The Washington
Times. 

from Hit & Run http://reason.com/blog/2013/11/15/peter-suderman-reviews-the-last-days-on
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Goldman Previews Japan's QE Moar: "BOJ Could Purchases Outright Equities"

Two days ago, when we posted “”Frustrated” Liquidity Addicts Demand Moar From BOJ As Nikkei Rally Stalls“, we suggested that more QE from the Bank of Japan is just around the corner (and likely to take place as early as April) as the only real “driver” behind Abenomics, the surge in the stock market had stalled for nearly 6 months. 48 hours later, and 700 points in the Nikkei higher, the realization that indeed more QE is coming has swept through the market like wildfire. So what will the Bank of Japan’s expansion of quantitative easing look like, when supposedly only $75 billion per month amounting to a whopping 70% of all new issuance, is not enough? According to Goldman “the BoJ could take the lead in this reallocation process by notably increasing its purchases of risky assets, such as ETFs and RIETS, or even outright equities – say purchasing a wide range of Japanese equities by index weight.” It may get even better: “the BoJ is likely to consider more unorthodox policy to push up inflation expectations” – like paradropping NGDP, better known as paradropping yen (a move Yellen herself is now contemplating as we previewed back in September).

The full Goldman note:

The first arrow –namely, bold monetary easing to dispel deflation – is likely to be loosed again in the April-June quarter 2014 (most likely April-end) for several reasons. First, to offset some of the negative impacts of the consumption tax hike to be implemented April 2014. Second, by next spring, inflationary pressures are likely to dissipate (due to base effects and more subdued commodity prices). Therefore, the BoJ is likely to feel compelled to act in order to reach the 2% inflation target that was adopted in January 2013. Judging by the survey of long-term inflation expectations for Japan as published by Consensus Economics, there is broad scepticism that the BoJ will hit its inflation target in 2015 as intended. Indeed, the survey does not envisage inflation anywhere near 2% even by 2023. Consequently, further easing is also likely to be required to lift inflation expectations and reinforce the BoJ’s commitment to reaching the target.

 

In our discussions with clients, many also expect the BoJ to ease next April, but there seems to be little agreement on what policies the BoJ will implement. The BoJ could buy more and longer dated JGBs, but given that the Bank already buys 70% of all new issuance, increasing such purchases may be met with scepticism and a concern that the BoJ is monetising government debt. However, such a move may stimulate quicker portfolio allocation into risky assets, which is only happening very slowly, as reported in the BoJ’s Financial System Report.

 

Alternatively, the BoJ could take the lead in this reallocation process by notably increasing its purchases of risky assets, such as ETFs and RIETS, or even outright equities – say purchasing a wide range of Japanese equities by index weight. We are also watching to see if the BoJ is likely to consider more unorthodox policy to push up inflation expectations. More conventionally, the Bank may confirm that QQE is to be open-ended.

And where the Japanese unprecedented monetary policy experiment boldly goes, the Fed is sure to follow.


    



via Zero Hedge http://feedproxy.google.com/~r/zerohedge/feed/~3/yjBiuHMMnS8/story01.htm Tyler Durden