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10 Years of emptywheel: Many Happy Rabbit Holes

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Wow, it’s been ten years! Time sure flies when you’re having fun — and yes, some of us have a rather perverse sense of amusement, editors, contributors, and readers alike.

I’ve always enjoyed falling into yawning ‘rabbit holes’ begging for investigation. It’s often as frustrating as chasing an actual zippy white rabbit, the target evading capture. But following the trail, finding new leads, seeing the prey so far and so near — it can be exhilarating. Or it can be incredibly exasperating. No two investigative searches are ever the same, and emptywheel has offered some intense and heady chases over its ten years here.

Unlike the rest of my fellows here at emptywheel, I don’t have a Top 10 favorite posts. I do have three things which I am happy I had a chance to post here — my four-part series for The Angry Left, the timeline on Flint’s Water Crisis, and the post I wrote this past spring on WannaCry.

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The Angry Left series was originally posted at Firedoglake but it needed to be revisited; it needs revisiting again even now as we work toward a revitalization of civics during resistance. Many new political groups have emerged, operating in parallel with the existing political parties. Their members need institutional knowledge from past organizing efforts to avoid making the mistakes of the past to become a more effective political force.

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Flint’s Water Crisis timeline isn’t complete and remains a work in progress; there are a number of pieces still needed, and much of them come from this site’s community members who offered them in comments (I’m looking at you, harpie, especially — thank you). But even in its current condition, the timeline demands answers: what city and state officials were involved in the key decision on the night before the cutover, when Detroit’s water system made a last-ditch offer by email with a rate cheaper than the new Karegnondi pipeline’s water? Why was a pipeline to Saginaw, ~30 miles north, never suggested or evaluated, instead of the ~60-mile-long Karegnondi? How many Flint-originated cases of Legionnaires’ disease actually affected the state of Michigan besides the 12 known deaths in 2014-2015?

A new question emerged recently: why does Michigan’s attorney general Bill Schuette think he stands a chance as a gubernatorial candidate after failing to hold Governor Rick Snyder and his office accountable for the poisoning of an entire city, let alone failing to protect their interests before the poisoning began? Why has the state failed residential property owners in Flint after their property values crashed thanks to Snyder’s crappy governance?

The timeline was personal, too; my oldest adult child lived in Flint during the first two years of the water crisis, suffering a number of unusual health problems after the city’s water supply was cut over to the Flint River. We don’t know if or when health risks from exposure will end, for my eldest or the hundreds of children and their families who lived and continue to live in Flint.

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This WannaCry post still haunts me; there are open questions which beg for answers, threats still hanging over head — this is one of the rabbits which has slipped away yet teases me to this day.

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What do you think was the best of this ten years of emptywheel? Share your favorites in comments; we’d love to hear what you’ve found most interesting, educational, worthwhile.

And if you can afford it, please chip in to help keep the work you enjoy at emptywheel as independent as it has been this last ten years. We don’t take advertising dollars; this is a labor of love for our team of contributors. But bandwidth, server space, software maintenance and development cost money, and the more important our work is, the more likely it is to need more bandwidth and additional security to keep our work online, uninterrupted.

Thank you for making this ten years so worthwhile. We hope we’ll continue to see you in comments into the future at emptywheel.

Three Things: Non-Nuclear Proliferation

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The entire social media universe has been panicking over Fearless Leader’s whacked-out statement on North Korea at the end of his bigly speech yesterday on opioids. His hyperbole was on par with his decades of hawkishness about nuclear weapons, so both unsurprising while infuriating.

What I want to know: did he say what he did to distract from the Trump-Russia investigation underway, and/or did he say what he did roughly 30 minutes before the stock market closed for somebody’s benefit? I’d love to know who might have been short selling yesterday afternoon and this morning after his recent petulant tweet hyping the stock market’s record highs. Things don’t look good today, either, in spite of calming noises from Secretary of Exxon Tillerson.

[source: Google Finance]

Whatever. Let’s look at some non-nuclear matters.

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The New York Times’ op-ed, Our Broken Economy, trended yesterday morning on Twitter and is still making waves today. It’s a pretty good read with compelling charts, if not very deep. Morons across the internet have misinterpreted what it tells us, which is that income has stagnated or fallen for the majority of the U.S. while the income of the uppermost 1% to .01% has skyrocketed in less than a decade. Loss of leverage in wage negotiations due to union busting and the skyrocketing cost of secondary education have held back the lower 80%.

What has most recently ‘weaponized’ the growth of income, while destroying any illusion of the American dream? In my opinion, three things contributed the most:

— the loss of Glass-Steagall Act and the subsequent unmooring of the financial industry from risk-reducing practices which siloed capital;

— Citizens United, which exacerbated the trend toward regulatory capture;

— the financial crash of 2008 and the subsequent loss of wealth for the lower 80% in terms of savings, investments, and property ownership.

But a fourth, rapidly growing factor is making difference and may also be exploding as an unintended consequence of legislation passed in 2007 requiring a larger percentage of margin on commodities trading. Algorithmic trading, conducted out of sight, skimming from every trade, on stocks rather than on commodities and at inhuman speed and scale, has increased unearned wealth but only for the very wealthiest.

Matt Bruenig says we must confront capital. Yes, but I think the appeal to do so is based in fairness, a universal ethic. A system which distorts pricing by not allocating true and full costs of the commons consumed to products and services  sold is unfair. It is not a ‘free market’ and certainly not a fair when the playing field isn’t level and not every business pays for what it consumes of the commons.

And it’s not fair when businesses deliberately suppress wages below workers’ real cost of living. That’s slavery. We don’t need charts to tell us something is wrong when the prevailing wage won’t provide meager shelter and food.

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The effect of Michigan’s criminal state government on Flint doesn’t remain in Flint. More than 70 new cases of Legionnaires disease have been reported in southeastern Michigan; this time the state’s health authorities have been prompt about reporting them, unlike the shoddy reporting around cases 2-3 years ago directly related to the water in Flint.

I will bet good money many of these new cases have a link to Flint since the water system has still not been completely replaced.

Eclectablog reminds us Flint’s Water Crisis is now at Day 678 and the city has yet to be made whole though Michigan’s Gov. Rick Snyder admitted he knew that Flint’s drinking water was poisoned with lead. There are still Flint residents who cannot drink their tap water without the use of a water filter.

Given the outbreak of Legionnaires disease, I wonder how many more Michiganders may actually sicken and die because of Rick Snyder’s handling of Flint’s financial emergency and the water system.

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You might already have read about the lawsuit filed against Disney for its failure to protect children’s privacy; I know Marcy tweeted about it. More than 40 applications Disney developed and sold collect information without consent about the kids using them, putting them at risk, in violation of the Children’s Online Privacy Protection Act (COPPA).

But here’s what really bugs me about this on top of the privacy problems: Disney not only had a history with violating COPPA; the government went after them in 2011 and 2014 for problems with Playdom and MarvelKids. Disney must have known competitors Mattel and VTech had problems with their network-enabled electronic toys breaching children’s privacy circa November 2015. Why did Disney fail to remediate their 43 applications more than 18 months ago when both Mattel and VTech were under fire?

Disclosure: I own Disney stock. And yes, I’m thinking shareholders should be pissed off about this failure to disclose a material risk in financial reports BEFORE parents filed a lawsuit.

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That’s it for now. See you tomorrow if we haven’t already been fried to a crisp. This is an open thread – treat each other nicely.

Tuesday: Change of Pace

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I need a break — a change of pace after the last several day’s nonstop doom-and-gloom observing what has become an American version of the Day of the Dead. Add the nauseating bullshit misogynist circus piling on the “church faint” by a post-menopausal woman wearing too much clothing in humid weather while recovering from pneumonia. It’s unrelenting ridiculousness which can only be broken by the injection of dark humor.

I like this young director Almog Avidan Antonir’s body of short works, including this little zombie love story. Looking forward whatever he might have next up his sleeve.

The Dakotas

  • Lawmaker unintentionally makes armed law enforcement drones legal in North Dakota (Independent-UK) — Way to go, dude. Legislator submitted a bill to outlaw armed drones; wretched police union got to the bill with revisions and now law enforcement can use drones armed with non-lethal force. North Dakota is now the first state in the U.S. to legalize armed drones. Want to bet law enforcement is already preparing to use this technology against pipeline protesters?
  • South Dakota Yankton Sioux filed suit against U.S. government over pipeline (Indian Country Today) — While media focused attention on North Dakota’s Standing Rock Sioux protest against the Dakota Access Pipeline, the Yankton Sioux in South Dakota filed against the U.S. Army Corps of Engineers and the U.S. Fish and Wildlife Service. Though the planned pipeline runs through tribal treaty lands, the government did not complete an environmental study or a consult with the affected tribe — same complaint in South as in North Dakota. The pipeline company, Energy Transfer, did not use tribe members to identify any challenges during planning of the pipeline route.
  • Trespass charges against journalist Goodman blows off First Amendment and Justice Dept. (Committee to Protect Journalists) — CPJ’s Carlos Lauria said the warrant issued for Democracy Now’s Amy Goodman is “a transparent attempt to intimidate reporters” covering the NoDAPL protests. Morton County’s warrant ignores Justice Dept’s joint statement with Interior Dept halting pipeline construction, in which the departments said, “we fully support the rights of all Americans to assemble and speak freely. …” Goodman clearly identified herself as a reporter.
  • Oil producers whine about pipeline delays interfering with cheap oil (Fortune) — These guys are just not catching the cluestick. It may take shareholder activism to wake these morons up about the end of fossil fuels and a need for entirely new business models instead of forcing oil pipelines through.
  • Standing Rock: a new civil rights movement? (Guardian) — Op-ed looks at the birth of a new movement where environmental and civil rights activism join forces to protect indigenous people and Missouri River — the longest river in the continental U.S.

Flint Water Crisis

  • Former state epidemiologist not talking about possible plea deal (MLive.com) — Corinne Miller, now retired, was arraigned in August on felony misconduct and misdemeanor neglect of duty. Miller suppressed action on children’s blood lead levels and told Michigan Dept of Health and Human Services employees to delete emails related to the blood lead data.
  • Water bill moves forward in Senate (The Hill) — Emergency funding for Flint and its lead-contaminated water system closer to passing as part of a $9.4 billion bill for water-related infrastructure and clean drinking water. The bill also includes assistance for Louisiana’s flood recovery. Money for Flint’s aid may be paid by cutting the Energy Dept’s Advanced Vehicle Manufacturing Technology loan program.
  • Water filters still needed by Flint residents through end of year, possibly longer (Detroit Free Press) — There’s no clear end to the water crisis, even though funding may soon be available. Thresholds for lead levels have not yet been agreed upon by state and federal officials. The amount of damage to the city’s water system continues to complicate recovery efforts.

Still Picking on Volkswagen

  • VW engineer plead guilty to conspiracy, wire fraud and violating Clean Air Act (Jurist.org) — The record of engineer James Robert Liang’s June indictment was unsealed on Friday, revealing he and co-conspirators designed, implemented, and lied about emissions controls technology which evaded emissions standards. One interesting bit of new information is the involvement of an unnamed third-party engineering company partially owned by Volkswagen, referred to in the indictment as “Company A.”
  • Awkward: Liang to be sentenced during North American International Auto Show (Detroit News) — Four months from now, smack in the middle press week for Detroit’s 2017 NAIAS, VW engineer Liang will be sentence in U.S. District Court in the Eastern District of Michigan. This op-ed notes Liang’s plea hints at a much-larger conspiracy in VW pursued by investigators. Somebody had to sign off on this design, at a minimum. And somebody had to tell Bosch what and how to make the non-compliant electronic controls units.

Longread: Rakoff on Fiss and rights under a War on Terror
United States District Judge Jed S. Rakoff looks at a collection of essays by legal scholar Owen Fiss, written over the last 13 years while the U.S. the so-called “War on Terror.”

Toodles!

Tuesday: Trauma

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A little neo soul, something to ease the day. If you like this bit by 20-year-old Doja Cat, check out more of her work at her YouTube channel.

FOUR DAYS
That’s all that’s left of in-session days in U.S. House this month, and nothing done yesterday to help Flint. Yet another report on Flint water crisis, this one featuring VA-Tech’s Dr. Marc Edwards on the lack of trust in water quality, governance and water science since the city’s transition back to Detroit’s water supply. But the necessity of filters means tap water is suspect; Flint residents never needed filters before the switch to Flint river water, and now much regularly take additional steps to check their filters and water quality. Just replace the damned lead pipes so they can take the filters off and they’ll trust the water system. They need assistance with speeding up pipe replacement, stat.

Oh, and deal with the collapse of property values in Flint. Who wants to buy a house there, let alone offer financing as long as the water system remains under suspicion?

Oh no, Pokémon GO
My kid has been playing this augmented reality game with his friends, driving around after dark to different ‘gyms’. We’ve had a few discussions about the application’s privacy problems as well as the game’s requirements for collecting points. This is NOT a game for kids to play by themselves without parent or guardian engagement if they aren’t old enough to drive. My son told me about running into creepy guys parked for hours late into the evening at key locations where Pokémon are found. Recipe for trouble, that.

Brexit means broken

TL;BRTLA (too long, but read this later anyhow)
Especially today — now that Bernie Sanders has endorsed Hillary Clinton — read how women were included in the Civil Rights Act as a joke. Hah. Funny. But very sad that 51% of the population is still not accorded their creator-endowed equal rights in spite of shrewd, dogged work by Michigan’s Rep. Martha Griffiths, and folks like Ida Phillips and attorney Reese Marshall.

Didn’t have enough time to cover China. Guess you now what I’ll tackle tomorrow, see you then.

Thursday: Repetition

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A little Prince to make the painful repetition a little easier to take.

By repetition I mean what’s happening in Puerto Rico compared to what has already happened in Michigan.

Some of Michigan’s most financially distressed cities were forced to accept emergency managers, supplanting the cities’ democratically elected officials. Under state law, EMs were the sole point of power and authority for administration until the cities were deemed financially viable. We all know how that turned out; in Flint’s case, ten people died from Legionnaire’s disease and roughly 8000 kids will pay for the incompetence of the emergency management scheme for the rest of their lives due to the permanent effects of lead poisoning. The incompetence is further magnified by governmental bodies’ failure to do the right thing to completion, while continuing to milk the city and state of more money to no effect.

Witness the state attorney general Bill Schuette now asking for $3.4 million to investigate what can already be easily seen in records released to date. The assessments made so far have been equally wrong — like Schuette’s office suing two consulting firms when documentation clearly shows outright stupidity in contract management or malfeasance on the part of government was the real problem. And none of Flint’s water problems would have happened had not the city been forced off Detroit’s water by the state treasurer’s office, which rejected a last-minute offer far cheaper than construction of the new Karegnondi water line. Seeing this doesn’t need millions of dollars, only ethics.

Puerto Rico — with a population smaller than Los Angeles in an area a little smaller than Connecticut — is now undergoing a similar loss of democracy for similar reasons of financial distress. The territory is $73 billion in debt caused in no small part by suffocating federal policies. The U.S. Senate just voted to supplant Puerto Rico’s elected officials’ authority with a team of managers. They had too little democracy as it was before this schema, not having the same kind of representation that the fifty states have; many of the financial limitations Puerto Rico faces have been directly related to the territory’s inability to regulate commerce.

The economic hitmen have won. Now the vultures descend.

The galling part is this approach is called PROMESA (Puerto Rico Oversight, Management, and Economic Stability Act) — a promise. Brace yourselves, Puerto Ricans, at least they’ve warned you. Que Dios tenga misericordia porque los buitres no lo hará.

Odd lots
I’ve got a bunch of stray cats and dogs here that didn’t fit under any theme so far this week. In other words, there wasn’t much repetition. Make of them what you will.

Thank goodness tomorrow is Friday and I can indulge in a little jazz. See you then.

Wednesday: Graduate

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To the bastard talking down to me
Your whipping boy calamity
Cross your fingers
I’m going to knock it all down
Can I graduate

— excerpt, Graduate by Third Eye Blind

Well. That took a lot longer and was a much bigger pain in the rear than I expected. I’ve earned another notch in my belt, the proud parent of yet another high school graduate who left school this past week with less to look forward to than his parents did. Observation of this right of passage consisted of too many people crammed into too-small venues intent on traditional American celebratory excess.

I wonder yet days later if a particular family member’s vocal chords will ever recover from their screaming joy.

Crossing my fingers this kid can knock it all down when he next graduates.

Tick-tock
Meanwhile, I’m counting the days…only 87 days until my kid starts college.

And only 36 days left for the 114th Congress to work in D.C. before the general election, if I’ve counted correctly from the House majority leader’s calendar (pdf).

36 days — not counting today — to fix the Flint Water Crisis. Check my math, maybe I’m off a few days, but that’s not a lot of time give or take a few days. Flint residents are still experiencing problems with their water, which will  only be fully resolved when the damaged pipes are completely replaced.

Will this Congress shunt the responsibility off to the 115th? Or will they buck up and do their job by people most in need? Hey, novel idea here, since most of the time between now and election day will be spent in district — for the House members, this means campaigning. Why don’t you folks actually fix the problem ASAP and then tell your constituents what a great job you’ve done while you’re on the campaign trail?

Tick-tock.

American exceptionalism and EU air
Holy cats. Air pollution in the EU was responsible for 400,000 premature deaths — in 2010 alone.

I can’t wrap my head around that number. That’s massive. I can’t imagine how much money is spent on health care for the people who die, let alone the even larger number of people who are merely sick from air pollution. And yet the EU member states are quibbling over how and when to implement new regulations to clean their air.

If you recall the video in which two citizen investigators discussed both VW’s corporate infrastructure and the emissions controls defeat system, you know that EU automakers don’t fear EU regulators. Their legal system is lax, and they don’t have an effective overarching federal system to backstop the laws of individual member states. The fines assess for violations are a pittance to nonexistent in some EU states. You just know VW’s bean counters are cost averaging the fines across all the vehicles they’ve sold.

What worked to force the EU and member states to take real action is the U.S. — both its emissions standards at state and federal level and its laws with regard to fraud have forced the EU to snap out of its complacency and reexamine its own emissions standards and enforcement. There’s your American exceptionalism (even if contemporary GOP thwarts environmental law every chance it gets, being fossil fuel’s yappy little attack dog).

But the current dithering and weaseling by some EU states continue in spite of ridiculously high mortality rates and legal costs cutting into the profitability of businesses like VW. It may take an even firmer hand here in the U.S., or we’ll see more EU backsliding impacting us directly.

VW got away with selling those cheating passenger diesel cars in EU and the U.S.; as long as it took for a tiny U.S.-based research group to discover the cheat, what’s to keep VW (or another EU-based automaker) from trying to slip another model under our radar? We know the EU won’t catch it first. Put the screws to them now to discourage any further attempts. They’ve already killed or sickened more than enough of our own citizens because they weren’t caught and punished at home.

Odd lots
No theme here, just interesting things swept into my feed.

Whew. That’s enough to get me over the hump today. Catch you tomorrow!

Tuesday Morning: Speed of Love

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This video fascinates me. I’ve watched it a number of times since Nerdist shared it last month; it’s the 24-minute long set by Freddie Mercury and Queen at the 1985 Live Aid concert held in Wembley Stadium.

Nerdist noted the audience’s response reflects the speed of sound — the visible ripple of fans’ hands speeds across the crowd in response to the sound as it leaves the stage area and travels across the venue. The gif they shared was taken about 16:37 into this set, just as the band begins We Will Rock You.

I think there was more at work here because earlier snaps of the audience reaction during Radio Gaga (roughly 4:25 onward) don’t show the same marked wave across the crowd. But several points in the set Mercury interacts with the audience, coaxing them to sing and shout along with him.

And then at 16:35 when he begins We Will Rock You, the crowd is completely in sync with him. They adore him and are utterly engaged. The wave is not just sound but their feeling for Mercury and his performance.

Can you imagine a politician who could induce such a response?

Cybersecurity
Adobe Flash must die, and Google’s slowly exterminating it in Chrome (Ars Technica) — By year’s end, Flash will be disabled by default in Google’s Chrome browser. It will only play when manually enabled. All part of the slow migration to HTML5 away from risky Flash.

Antivirus app halts heart surgery (Ars Technica-UK) — Holy crap. Why does medical equipment need antivirus software to begin with, let alone how does an A/V app launch and run during surgery?

Artificial Intelligence
Dude, that female TA you hit on? An AI bot (Sydney Melbourne Herald) — Wow. Future’s already here and you can’t tell you’ve been dissed by both your prof and the chick-bot-TA.

A series of tubes
Remote healthcare not ready for prime time (ScienceDaily) — Study using fake patients to test direct-to-consumer teledermatology remote health care systems found security problems with IDs, poor-to-bad assignment of clinicians, many errors made in major diagnoses, insufficient warning to pregnant patients when meds prescribed, just for starters. Think of this as Healthcare Internet of Things Fail.

Super. Fast. Wireless. Internet. Coming. To. YOU! Really? (MIT Technology Review) — Ugh, so breathless with excitement they are about this startup called Starry. I was, too, initially, but we’ve been told this crap for more than a decade. Since this requires the cooperation of Verizon, AT&T, Facebook, and Google to standardize on this platform AND reception relies on line-of-sight, I’m not holding my breath.

The Business
New business for Amazon to tackle: its own private label groceries (Techcrunch) — Amazon doesn’t want to leave a penny on the table. If customers are too price sensitive to click their Dash button for a big name brand consumer good, they’ll offer their own instead. Prime accounts only, though; first goods will be heavy on baby needs, which makes sense given parents are often a captive audience.

Norway’s sovereign (oil) wealth fund to sue Volkswagen (AP) — Fossil fuel-created fund owns 1.64% stake in Volkswagen. It’s suing to protect its assets exposed by VW’s emissions controls cheat. Imagine me laughing at oil suing a car company for the manner in which it promulgated oil consumption.

Norway’s Statoil to launch first floating wind farm (Bloomberg) — This company is well ahead of Shell when it comes to diversifying energy production.

Flint Water Crisis
Michigan’s top law enforcement agent unaware of Michigan State Police “quiet investigation” (WZZM) — Still scratching my head over this one. Why did the governor ask MSP to conduct an administrative — not criminal — investigation, omitting the state attorney general? And who’s conducting a genuine criminal investigation, including the governor’s role?

Gender Equity
Toy maker(s) insisted Iron Man 3 movie must have male, not female villain (The Mary Sue) — In other words, Marvel’s big sweeping superhero movies are really just very long trailers to sell boys’ toys. Girls and women need not apply. I have no idea how they can make a decision based on any realistic data given the dearth of female villains on screen and in toys. Is this just some lame argument for inequity in front and behind the camera?

Running behind, probably read too much today and swamped my processing circuits. Hope mid-week becomes a little more focused — catch you tomorrow!

 

Tuesday Morning: Monitor

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Y me lamento por no estar alla
Y hoy te miento para estar solos tu y yo
Y la distancia le gano al amor
Solo te veo en el monitor

— excerpt, Monitor by Volovan

Sweet little tune, easy to enjoy even if you don’t speak Spanish.

Speaking of monitor…

Flint Water Crisis: Michigan State Police monitoring social media
Creeptastic. MSP is following social media communications related to Flint water crisis, which means they’re watching this blog and contributors’ tweets for any remarks made about Flint. Whatever did they do in the day before social media when the public was unhappy about government malfeasance?

MDEQ personnel told Flint city water employee to omit tests with high lead readings
The charges filed last week against two Michigan Department of Environmental Quality and a Flint city employee were related to the manipulation and falsification of lead level tests. From out here it looks like Mike Glasgow did what the MDEQ told him to do; with the city under the control of the state, it’s not clear how Glasgow could have done anything else but do what the state ordered him to do. Which governmental body had higher authority under emergency management — the city’s water department, or the MDEQ? And what happens when personnel at the MDEQ aren’t on the same page about testing methodology?

MDHHS too worried about Ebola to note Legionnaire’s deaths in 2014-2015?
Michigan’s Department of Health and Human Services director Nick Lyons maintains a “breakdown in internal communication” kept information about the Legionnaire’s disease outbreak from reaching him. He also said MDHHS was focused on Ebola because of its high mortality rate overseas. There were a total of 11 cases of Ebola in the U.S. between 2014 and 2015, none of which were diagnosed or treated in Michigan. Meanwhile, 10 people died of Legionnaire’s due to exposure to contaminated Flint water in that same time frame. Not certain how MDHHS will respond to an imported biological crisis when it can’t respond appropriately to a local one created by the state.

Other miscellaneous monitoring

  • Charter Communications and Time Warner tie-up approved, with caveat (Reuters) — Charter can’t tell content providers like HBO they can’t sell their content over the internet – that’s one of a few exceptions FCC placed on the deal. I think this is just insane; the public isn’t seeing cheaper broadband or cable content in spite of allowing ISPs to optimize economies of scale. Between Charter/TWC and Comcast, they’ll have 70% of all broadband connections in the U.S.
  • Mitsubishi Motors fudged its fuel economy numbers for last 25 years (AP) — This investigation is exactly what should happen across EU, because EU-based manufacturers have done this for just as long or longer. And the EU knows this, turns a blind eye to the tricks automakers use to inflate fuel economy ratings.
  • Goldman Sachs has a brand new gig: internet-based banking (Fortune) — This is the fruit of GS’ acquisition of General Electric’s former financial arm. Hmm.
  • BAE Systems has a nice graphic outlining the SWIFT hack via Bangladesh’s central bank (BAE) — Makes it easy to explain to Grampa how somebody carted off nearly a billion dollars.

Toodledy-doo, Tuesday. See you tomorrow morning!

Wednesday Morning: Water, Water, Everywhere [UPDATE]

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Day after day, day after day,
We stuck, nor breath nor motion;
As idle as a painted ship
Upon a painted ocean.

Water, water, every where,
And all the boards did shrink;
Water, water, every where,
Nor any drop to drink.

— excerpt, The Rime of the Ancient Mariner by Samuel Taylor Coleridge

Felony and misdemeanor charges are expected today in the Flint water crisis. State Attorney General Bill Schuette will put on a media dog-and-pony show, when it is expected that three persons — two engineers with the Michigan Department of Environmental quality and a Flint water department employee — will be charged for Flint’s lead water levels after the cut-over to Flint River water.

Mind you, the descriptions of these persons do not match that of higher level persons who were responsible for

1) making the final decision to cut Flint off from Detroit’s water system and switching to the Flint river;
2) evaluating work performed by consulting firms about the viability of Flint River as a water source, or about reporting on lead levels after the cut-over;
3) ensuring the public knew on a timely basis the water was contaminated once it was already known to government officials;
4) lack of urgency in responding to a dramatic uptick in Legionnaire’s disease, or the blood lead levels in children.

Just for starters. Reading the Flint water crisis timeline (and yes, it needs updating), it’s obvious negligence goes all the way to the top of state government, and into the halls of Congress.

Michigan’s Governor Snyder has elected to perform some weird self-flagellating mea culpa or performance art, by insisting he and his wife will drink filtered Flint city water for a month. It’s a pointless gesture since the toxic lead levels, experienced during the two years immediately after the city’s cut-over to the Flint River, have already fallen after doing permanent damage to roughly eight thousand children in and around Flint.

Flint’s Mayor Karen Weaver said about the governor’s stunt, “[H]e needs to come and stay here for 30 days and live with us and see what it’s like to use bottled or filtered water when you want to cook and when you want to brush your teeth.”

Or get a new mortgage, I would add. The gesture also does nothing for Flint’s property values. Imagine living in Flint, trying to refinance your home to a lower interest rate, telling the bank, “Oh, but the water’s safe enough for the governor!” and the bank telling you, “Nah. Too risky.”

UPDATE — 10:45 AM EDT —
Charges have been filed against City of Flint’s Laboratory & Water Quality Supervisor Mike Glasgow and Michigan Department of Environmental Quality Office of Drinking Water and Management Assistance district director Steven Busch and MI-ODWMA District Engineer Michael Prysby. Mlive.com-Flint reports,

Glasgow is accused of tampering with evidence when he allegedly changed testing results to show there was less lead in city water than there actually was. He is also charged with willful neglect of office.

Prysby and Busch are charged with misconduct in office, conspiracy to tamper with evidence, tampering with evidence, a treatment violation of the Michigan Safe Drinking Water Act and a monitoring violation of the Safe Drinking Water.

None of the individuals charged in the case have been arraigned.

Sure would like to see the evidence on Glasgow, given the email he wrote 14-APR-2014 (see the timeline).

House hearing on encryption yesterday

  • Worth the time if you have it to listen to the House Energy and Commerce Oversight and Investigations Subcommittee’s hearing, ‘Deciphering the Debate Over Encryption: Industry and Law Enforcement Perspectives‘ to catch Apple’s general counsel Bruce Sewell and UPenn’s CIS asst. prof. Matt Blaze. Not so much for Indiana State Police Captain Charles Cohen, who was caught up in misinfo/disinfo about Apple’s alleged non-cooperation with the U.S. government. Wish there was a transcript, especially for the part where Sewell was quizzed as to whether Apple would encrypt their cloud.
  • Speaking of Cohen and misinfo/disinfo, Apple said it hasn’t released source code to Chinese (Reuters) — This is the spin IN’s Cohen got caught up in. Nope.

Another Congressional hearing of interest: Fed Cybersecurity
In case you missed it, catch the video of today’s House Oversight Subcommittee on Information Technology hearing on Federal Cybersecurity Detecion, Response, and Mitigation. You may have seen Marcy’s tweets on this hearing, at which Juniper Networks was a no-show, and Rep. Ted Lieu (D-CA) was kind of pissed off. Catch Bruce Schneier’s post about Juniper’s vulnerability.

Volkswagen has company: Mitsubishi’s mileage data tweaked to cheat
The Japanese automaker may have to pay back tax rebates offered on vehicles meeting certain fuel efficiency standards. Data from mileage tests on hundreds of thousands of cars was fudged to make the cars look 5-10 percent more efficient.

Speaking of cheating: Volkswagen’s use of code words masked references to emissions controls cheats
The amount of data under review along with the use of code words and phrases like “acoustic software” may delay the completion of the probe’s report. Don’t forget: tomorrow is the second 30-day deadline set for VW to provide a technical solution for owners of its passenger diesel vehicles.

That’s enough. Michigan state AG newser underway now as I update this again at 1:15 p.m. EDT; I may not update here since I addressed known charges above. Catch you on the other side of the hump.

Friday Morning: Dark Water Jazz

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It’s Friday and that means jazz here at emptywheel. But no genre exploration today, just this lovely, evocative downtempo jazz/trip hop fusion work.

It’s dark water jazz indeed this week…

Congress oublies the Flint water crisis
I can’t find anything in C-SPAN about the House Energy and Commerce Committee hearing which was to address the crisis. Convenient for Republicans running for office right now to keep themselves at arm’s length from a Republican scandal. We’re lucky the hearing was captured at all; it can be found at the committee’s website. (Video 3:44:08)

It must be difficult to kowtow to traditional GOP underwriters while trying to appear like you’re doing a credible job of representing Americans most in need. But it’s a lot easier to bury and forget the inconvenient.

The latest scuttlebutt is that the bipartisan Energy Policy Modernization Act of 2015 (S.2012) will proceed without additional funding to remedy Flint’s damaged water system, still replete with lead piping. Senate Republicans led by Senator Mike Lee of Utah protested the inclusion of funding for Flint in this bill, threatening to reject it altogether.

Wait — you know who’s up for reelection this season? Senator Mike Lee! Amazing coincidence! Or not. You know, Senator Lee, when your fellow senators leak about your obstruction, you should catch a clue. Sometimes actually helping Americans is more important than sucking up to your anti-tax overlords.

You know who else is up for reelection this season? Senator Lisa Murkowski, the chair of the counterpart Senate Energy Committee and the sponsor of S.2012. You’d think she’d want to look effective as a leader and at governance.

Roughly 8,000 children will continue to live as if they are in a third world country, with a patchwork of assistance for their health and education, but no relief from the lead pipes which continue to run from the water department to their homes. Imagine them drinking water out bottles for the rest of their childhoods, their families having to take additional time and effort to lug bottles upon bottles for their daily essential needs.

Don’t even suggest these families leave. They are stuck, STUCK in Flint, because their property values have been gutted by the failure of a GOP-led state administration, and the continued avoidance by a GOP-led Congress. Who wants to buy a home with lead pipes in Flint now? Which banks want to finance new mortgages to those homes? Which insurers want to write coverage on them?

Some government aid has been offered to Flint — which the ever-ineffectual Rep. Fred Upton recited like a litany during the hearing (see 0:13:30 in the video) — but none of it addresses the lead piping.

Donald Trump won the Republican primary in Flint’s home county of Genessee, by the way. Can’t understand why…

Cleaning off the desk
Stuff worth perusing, but I’m not going to elaborate on before I chuck it in the bin for the week.

  • Microsoft suing U.S. government for gagging the software company about government requests for users’ information. (Microsoft) — MSFT president Brad Smith wrote in a blog post about the suit; note the complaint here (pdf) in which MSFT shared these details:

    Between September 2014 and March 2016, Microsoft received 5,624 federal demands for customer information or data. Of those, nearly half—2,576—were accompanied by secrecy orders, forbidding Microsoft from telling the affected customers that the government was looking at their information. The vast majority of these secrecy orders related to consumer accounts and prevent Microsoft from telling affected individuals about the government’s intrusion into their personal affairs; others prevent Microsoft from telling business customers that the government has searched and seized the emails of individual employees of the customer. Further, 1,752 of these secrecy orders contained no time limit, meaning that Microsoft could forever be barred from telling the affected customer about the government’s intrusion. The government has used this tactic in this District. Since September 2014, Microsoft received 25 secrecy orders issued in this District, none of which contained any time limit. These secrecy orders prohibit Microsoft from speaking about the government’s specific demands to anyone and forbid Microsoft from ever telling its customers whose documents and communications the government has obtained. The secrecy orders thus prevent Microsoft’s customers and the public at large from ever learning the full extent of government access to private, online information

    Emphasis Microsoft’s. Therein the one way to release a limited amount of information: file suit against the government.

  • Claims after March attack that Brussels airport security was lax impels Belgium’s transport minister to quit (euronews) — Bombs were detonated before security clearance area; not certain how minister could have prevented bombing except to move clearance all the way to the edge of the airport’s perimeter instead of after check-in.
  • UC-Davis sanitized the internet to prop its image (SacBee) — School paid $175K to excise references to a 2011 attack on student protesters by police using teargas. Should keep in mind UC-Davis is part of the University of California, of which former Homeland Secretary Janet Napolitano is president, who authorized spying-by-malware on UC-Berkeley.
  • Hey, did you know there’s a tiny sovereign country inside U.S. borders? (Atlas Obscura) — Welcome to Molossia, have a nice day! Surprised no uber-wealthy hit on this as a potential money-laundering. tax-avoidance strategy: make your own country inside the U.S.

And with that we’re off, headed for a nice spring weekend ahead. Have a good one!