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Embryonic Stem Cell Research: Shock and Awe Strike Again

Last week, U.S. District Judge Royce Lamberth issued a preliminary injunction to stop Obama's reinstatement of some of the federal funding for embryonic stem cell research.

The plaintiffs included Christian Medical Association; the Nightlight Christian Adoptions, an agency that sells the use of frozen embryos it calls "snowflakes" - from fertility clinics; two PH.D. scientists, James Sherely of Watertown, Massachusetts, and Theresa Diesher of Seattle, who do research on adult stem cells and claim that allowing embryonic stem cell research wrecks their chances of getting federal grants; clients for adopted embryos; and the embryos frozen in IVF clinics.

Lamberth previously ruled that none of these plaintiffs or cells had legal standing. However, the two Ph.Ds won standing when they appealed, on grounds that their adult stem cell research would be compromised if they had to compete for federal grants with embryonic stem cell research. Lamberth issued the preliminary injunction based on his judgement that the plaintiffs would prevail when the case went to trial, therefore they needed immediate relief because they're livelihoods were impacted by Obama's expanded hESC funding directive.

Judge Lamberth's decision was based on the Dickey-Wicker Amendment attached to every Department of Health and Human Services (HHS) bill since 1996. The rider was a pro-life fueled measure, intended to prevent cloning for research purposes. Since 1996, the Dickey-Wicker Amendment has ostensibly prohibited the use of federal funds for:

  • "the creation of a human embryo or embryos for research purposes;" or
  • "research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under" certain existing laws."

Nevertheless, three administrations, the Clinton, Bush, and Obama, have allowed various levels of federal funding on research on embryonic stem cell lines. The judge's injunction goes so far as to roll back former President Bush's limited acceptance of federally funded stem cell research for certain stem-cell lines created by 2001. The Federal government has requested a stay (.pdf) of the injunction. Who will prevail? The government? Plaintiffs?

Science Community Stunned

The legal move was a blow to the science research community. Said NIH Director Francis Collins: "The NIH was frankly, I was stunned - as was virtually everyone here at NIH - by the judicial decision yesterday".

But remember, back in 2001, prior to the 2002 elections in which Republicans gained seats, and when President Bush was making decisions about stem cell research. A similar group of plaintiffs sued the government. The plaintiffs in Nightlight Christian Adoptions et al v. Thompson included Nightlight Christian Adoptions, the Christian Medical Association; two couples who wanted to adopt embryos and said that stem cell research reduced availability of embryos for adoption; and Dr. David Prentice, a former professor of life sciences at Indiana State University who said that there were better alternatives to hESC, who is now a fellow at the Family Research Council.

Now, nine years later, right before mid-term elections and after Obama plans to expand funding for stem cell research, we have basically the same lawsuit, from basically same plaintiffs.

People have various opinions about what the injunction means and how it will progress in the courts. A lawyer and commenters here at concurringopinions.com discuss why the government will prevail (or won't).

Some scientists speculate that the importance of federally funded embryonic stem cell research has faded, because so much work is done privately. Others, including the plaintiffs, argue that inducible pluripotent stem cells (iPSC) or adult stem cells are just as promising. But most people don't find these arguments too persuasive, and agree that embryonic research is at least a necessary prong to pursue potentially life-saving research. Of course "pro-life" and Christian groups argue that the blastocysts are people which shouldn't be used for research, even if it will save lives.

The plaintiffs' arguments do not persuade for many reasons. Their claim to economic injury is not only unconvincing on its face, considering the plaintiffs and NIH funding structure, it's dwarfed by the impact that stopping the research would have on the lives of sick people. As well, the livelihoods of the researchers are in jeopardy, as is the investment of millions of dollars of government funding that the judge's order seeks to abandon. 24 research projects in which the government has spent $64 million are currently threatened (.pdf) because they had been scheduled to receive $54 million in continuing NIH funding at the end of September.

Should Scientists Have Been Surprised

I was. But maybe I wasn't paying close enough attention. Or maybe I didn't want to believe that such anti-reason would even get a chance. But apparently, all it took was the "right" plaintiff and the "right" judge, at the "right" time.

It's sometimes easier for people (including scientists) to perfunctorily dismiss as terminally unenlightened or misguided, those who hold politically opposing views, for instance those who believe in Creation over evolution. Maybe it's not as head-splittingly frustrating as arguing or teaching. Perhaps a quick witted turn of phrase can morph anti-reason into fodder for jokes, yay! And why not deflect an ugly stand-off with some humor?

James Taranto, of the Wall Street Journal, for one, says that dismissive attitudes (here's one example I thought of: "Poll: So You Want to Build a Mosk?") harms liberal causes because 1) they tend to "mainstream those supposedly fringe notions" (ie: Pew Research Polls that constantly highlight subjects of "culture wars"), and 2) they "put the ugly attitudes of the liberal elite on display."

Scientists discuss these things frequently and blogging scientists have consumed years writing, discussing, comparing and vehemently arguing about various approaches -- hostility, framing, teaching, patience, humor, tolerance, diplomacy, "accomodationism", to deal with anti-reason. (Personally, I can't get attached to one approach or think another is "bad", I believe different writers and audiences will gravitate towards one communication method or another. They complement each other. )

But regardless of whether scientists are "civil", hostile, sarcastic, or choose to ignore what offends them, I wonder if all approaches are fatally flawed not only because of the reasons Taranto and scientists usually discuss, but because scientists are so up to their necks in scientific method. Do we then let ourselves believe that reason will prevail? And does that lead us to ignore what's at stake? The incredible belief everyone had in Obama that he could somehow transcend politics, indicates this may be so. Francis Collins "stunned" response indicates this may be so. Collins, if anyone, with his position and overt religiosity -- he's written books on this! -- should have had his ear to the ground.

Maybe it's a tempest in a teapot, as many seem to think. Maybe Lamberth had an off day and will change his mind, maybe the courts (moving right every day) will come to their senses. But at the moment, those who want to stop hESC seem to be determinately bulldozing things their way, decade after decade.

Politics & Rhetoric - Notes

Two quick notes, on how we participate in foiling political solutions:

Keith Humphreys on Politics and The Messenger is The Message

Keith Humphreys, who recently spent a year in the Obama Administration in the Office of National Drug Control Policy (ONDCP) as the Senior Policy Advisor to the Deputy Directory, talked to Stanford's 1:2:1 program about his experience and about the California Propositions to legalize marijuana. Humphreys talked about who really uses medical marijuana, dispelled the idea that taxes would benefit state programs, and explained who would most likely control the market (tobacco). You can listen here, all very interesting.

At the end of his interview, when asked if anything surprised him about Washington DC, he said that one thing that struck him was how impossible bi-partisanship had become (transcribed by me, not exactly, from his interview):

"...At the moment at least, it's the messenger is the message entirely. What I mean by that is, for example, on the health care reform bill, we have health exchanges, where you aggregate a bunch of small buyers up and you get a big risk pool and you get a better price. That had been a Republican mainstay for decades, that suggestion could have been an applause line for you if you were giving a talk on health care at the American Enterprise Institute. But now for some reason it's become "socialism", because the president was for it. But it's the same proposal."

[Another example] "...We had a proposal in the drug strategy to give vouchers to people who were in addiction treatment, so that they buy things like a pair of workboots to go back to their job, or a babysitting so they could go to their AA meeting...That had been something the Bush administration had proposed, and we gave it the largest budget increase it had had.

When Bush administration proposed it, it was derided by people on the left as this is voucherization, it's the end of the public sector, how typical of those awful Republicans. And then when we did it was wonderful, giving poor people a choice, it's about time someone stood up for the poor. And it wasn't a similar policy, it was the same policy. It almost doesn't matter what you're for, it's who you are that controls all the perception. And that's what makes it really hard to have a bi-partisan proposal. Because almost by definition, if the other guy is for it, it can't be any good..."

Stanley Fish on our Perceptions and Crime

We deceive ourselves about culpability. Stanley Fish describes how people shift their rhetoric seamlessly as the facts of a crime emerge:

"If the bad act is committed by a member of a group you wish to demonize, attribute it to a community or a religion and not to the individual. But if the bad act is committed by someone whose profile, interests and agendas are uncomfortably close to your own, detach the malefactor from everything that is going on or is in the air (he came from nowhere) and characterize him as a one-off, non-generalizable, sui generis phenomenon."

The ruckus over Obama's proposal to extend only part of Bush's tax breaks -- not the part to ultra-ultra-ultra wealthy individuals -- is maybe playing second fiddle to the mosque ruckus. Maybe this should be obvious, since one involves a little math and reasoning, while the other can be argued from straight from the gut, therefore more people can chatter about Muslim community centers.

News Aimed to the Lowest Common Denominator

But it's a shame more people aren't talking about the tax cuts, because the GOP driven (w/ some Democrats on board) arguments against tax-breaks make no more sense than the ones against the Muslim Community Center, so they should be gossiped about. Plus, the tax-cuts arguably have more impact on the average American than the presence of a community center in downtown New York City.

The Tax Policy Center made a great chart showing who, exactly, would be touched by the Obama tax-cut extension plan. Not until you made $196,549/year would you your tax break be impacted even one cent by Obama's plan.

Once you made $196,540, the Obama plan would take an average of $2 off your $5,508 tax cut - two dollars. The most you would "lose" under Obama -- if you happened to make over $8,367,274 -- that is you were in the top 99.9 percentile in income, making $8.4 million dollars or more, would be $61,500.

That is, if you made about $8.4 million dollars, you'd still get $248,640 of the original $310,140 tax cut. You wouldn't get that extra $61,500 tax cut, so you'd miss out on, I don't know, that bottle of Bordeaux (not any Bordeaux, mind you, a bottle of 1945 Chateau Mouton-Rothschild). Put that in your pipe and smoke it T-partiers.

The Tax Policy Center notes that the Obama plan will actually only cut a very small part of the overall deficit - 7%. Obama would only change a very small, small number of peoples' incomes (not "small businesses" that would feel the pinch). The TPC says:

"How much will the President's proposal save? Unfortunately, not nearly enough to close the cumulative budget deficit. The administration's proposal shaves off about $680 billion from the 10-year deficit--a modest $68 billion per year"

But the cost of extending all the cuts is worse news. The Tax Policy Center writes: "From a budgetary perspective, the price of extending all of the cuts is steep; full extension would contribute $3.7 trillion to the deficit over the next ten years..."

The Battle Between Math & Rhetoric (hint: math is losing)

Paul Krugman also points out that the insistence on extending the tax cuts as opposed to going with Obama's plan makes no sense. He brings our attention to the craziness of what the GOP is quibbling over, rather than the insignificance of the cuts to the overall budget.

He writes:

"According to the nonpartisan Tax Policy Center, making all of the Bush tax cuts permanent, as opposed to following the Obama proposal, would cost the federal government $680 billion in revenue over the next 10 years. For the sake of comparison, it took months of hard negotiations to get Congressional approval for a mere $26 billion in desperately needed aid to state and local governments."

Even Alan Greenspan, forever shocked that the markets let him down, recommends suspending all the 2001 and 2003 tax cuts. Aside from FOX News, where John Stossel is "tired of Greenspan", and finds it "ironic" that Greenspan once wrote for Ayn Rand, and (not ironic the way I do), what's up with the rest of the people?

South Africa's Media Crackdown

South Africa's award winning journalist, Mzilikazi wa Afrika had been doggedly investigating government corruption, when he was arrested on August 4th by police outside the offices of his employer the Sunday Times. wa Africa1 had recently written a story about a shady real estate deal arranged by National Police Commissioner General Bheki Cele, a deal Cele vehemently denied was shady. A few weeks later, because of its shadiness, the deal was put on hold.

The journalist had also been investigating a story about some murders of public officials that took place in the Mpumalanga province, that police were failing to investigate.

Kidnapping and Treason Accusations for South African Journalists

He was held for 48 hours, while police drove from place to place, including his house, which they ransacked, confiscating his computer (and his eight year old son's) and taking his journalist notebooks (some 10 years old). He hoped they didn't bring him to the province of Mpumalanga where all the murders had taken place, and where the murdered appear on a hit list that perhaps had his name on it. But they did. At one point the police dropped him at the Waterval Boven, Mpumalanga police station, where:

"one of the officers warned me that I was being left in this tiny town for my own safety. 'Don't eat or drink anything, we know they are going to try and poison you. These people want you dead' he said...."

Mzilikazi wa Africa tells his story of being shuttled about by police here.

After 18 hours of being "carted about in fear of his life", as the headline put it, he was read his rights.

"At 1:40am, I was taken back to Mapiyane's office, where the general introduced himself as the lead investigator in the case and read me my rights. He said I would be charged with fraud and defeating the ends of justice...He asked me to make a statement, 'to make things easier' for me. I told him I could not do that without my lawyer present. Mapiyane was irritated and a colleague of his told me I was giving them problems by writing stories about Mpumalanga [a province]."

"Five-and-a-half hours after I first got there, I was taken to the Nelspruit, Mpumalanga police station. It was 3:20am."

"At 8am my legal team finally had access to me...One of the questions the police asked was: "Have you either directly or indirectly been discrediting senior office bearers of the ANC in Mpumalanga?"

They asked him: "Are you destroying the image and integrity of the ANC in Mpumalanga?" The police grilled him on a story he had not published.

He was charged with fraud, forgery and uttering (passing forged documents - because he had been faxed a fake resignation of a Mpumalanga government official). People believe wa Africa's harassment is retribution for his investigative journalism, or a concerted police attempt to ferret out his sources, perhaps potential whistleblowers in the Mpumalanga province .

The police intimidation of the journalist has sent chills through South Africa and the world, especially in light of two initiatives sought by the African National Congress -- the Protection of Information Bill and the proposed Media Appeals Tribunals (MAT).

"The Sword is Mightier Than The Pen"

That's the "joke", as the South African government brims with ideas about how to curb the still vibrant press -- unruly by government standards. The detention of wa Africa, not too mention calls by a youth league of the ANC to convict the journalist of "high treason" hints at the draconian potential of these moves.

The government proposes media appeals tribunals (MAT) despite the admittedly excellent ombudsmen system already in place. As well, a bill being discussed in parliament called unconstitutional by the national lawyers bar would impose 15-25 years jail time for journalists who fail to support vague notions of "national interest".

As former journalist Sej Motau, from the opposition Democratic Alliance, wrote

"It's not about journalists; it's about every one of us in this country, and I'd like to appeal to the people of this country. If we fall asleep on this one, and we think, 'Oh no, it's only about the journalists', we're making a big, big mistake."

Indeed, if people can't ask why they don't have electricity, why the government isn't following through on promises, then all South Africans suffer. And if the ANC government can classify information willy-nilly, imprisoning journalists and newspapers who don't pen their line, businesses are in trouble too. As the Independent Online writes: "If passed, the bill would also restrict access to information from regulators and state-owned enterprises, which critics say could cut investors off from information affecting equity, treasury and foreign exchange markets."

Business Speaks Out

Foreign companies like ArcelorMittal (steel, Luxembourg), and Lonmin (mining, UK) are rightly concerned about a squashed media where cronyism thrives. Both have already been subjected to the corrupt business practices that benefited President Zuma and his associates. Domestic businesses are likewise worried, policies that favor ANC sycophants undermine their profitability too.

The business press gets it. Michael Skapinker, commenting for the Financial Times, and R.W. Johnson, writing in the Wall Street Journal, led the (rather anemic) international outcry earlier this week. Unfortunately, Johnson's column in the WSJ (it's worth noting) introduced some confusion about what South African bill was at issue.2 Johnson wrote:

"the government plans a "Protection of Personal Information Bill," which would only allow reporting about people's personal lives with their consent. Heavy penalties would thus prevent any more reporting of Mr. Nizimande's wine-bibbing or of illegitimate children born to President Zuma's mistresses. This is accompanied by a new "Information Bill" proposal, which would impose penalties of up to 25 years in jail for reporting about anything the government declares to be a matter of national interest, itself defined broadly to include anything which may be for the advancement of the public good..."

WSJ has confused two bills. The "Protection of Personal Information Bill" can be found here at KPMG, Africa, and there's more information here at Deloitte. This bill deals with how organizations deal with private personal information, and the need for standards in the public and private sectors guiding how some information needs to be protected while other information needs to be accessible. KPMG writes: "Over the years, the principles contained in the Bill have become recognised as the leading practice baseline for effective data privacy around the world..."

The WSJ is the only place I've read Johnson's unique interpretation of the Protection of Personal Information. The bill has been heralded by some human rights advocates because it will protect victims. Could be abused by government? I'm sure anything could happen, but it would also be highly unusual for WSJ (and the FT) to oppose KPMG and Deloitte. Security of personal information is important to democracy, and security is also a growing business sector. Condyn, an IT security contractor, recently issued a press release seeking to clear up just this type of confusion between the two similarly named bills.

No, the bill that worries everyone is the "Protection of Information Bill", the ANC controlled government's wild grab to redefine how government officials classify and release information. It basically gives government officials free reign to classify any secrets as they wish into "classified", "secret", and "top-secret". The media appeals tribunal would impose the government's view.

Don't Go Hysterical About Tribunals Zuma Says -- Russia is Sharing Their Media Strategy With Us?

Of course President Zuma and members of government insist that the African National Congress,(ANC), is not trying to muzzle journalists, and will not impose "draconian apartheid laws to gag the freedom of the press".

Zuma says that, while complaining that media is a consolidated institution destroying the good of the nation on the other. He explains that: "South Africans rebelled against the media in June-July this year, united in their diversity" during FIFA. They defied the "media fraternity" and its "chorus of division and negativity", he said, peddling the notion that South Africa would be a Disneyland of green grass, ball playing, vuvuzelas, and international jubilance if not for the negative media.

The discussion document accompanying the paper gets to the meat of the ANC media crackdown and exudes an anti-liberal (in the economics sense), pro-socialist view:

"Our objectives therefore are to vigorously communicate the ANC's outlook and values (developmental state, collective rights, values of caring and sharing community, solidarity, ubuntu, non sexism, working together) versus the current mainstream media's ideological outlook (neo-liberalism, a weak and passive state, and overemphasis on individual rights, market fundamentalism, etc)."

For journalists who resist being state messengers? Apparently it'll be loud droning vuvuzelas, kicks to the ribs, and shots to the heads. Zuma explains the tribunals:

"The media has put itself on the pedestal of being the guardian. We therefore have the right to ask, who is guarding the guardian?....During our State visit to Russia a week ago, Russian television was running a promotional jingle saying: 'How dependent is the independent media? Who pays for the news'?

Newspapers are profit motivated says Zuma, the the news isn't "independent". Therefore, why shouldn't the news be the megaphone of the ANC party? And what better example to reassure your countrymen of your intentions for the press -- than Russia? Reporters Without Borders ranked Russia 153rd of 175 countries in the Press Freedom Index last year. As the International Press Institute reports, Russia remains one of the most dangerous places for reporters, a place where journalists are murdered with impunity. What a puzzling PR move. Is this a twisted way to get western investment? Or are public announcements about lessons from Russia on dealing with the media, just...governance as usual?

"Freedom" of the Press

With recent actions, the Zuma government has been compared to the oppressive states of Gambia and Zimbabwe. 37 of the country's editors signed a petition protesting the government's intentions to curtail freedom of the press. The international response, including that from top US media, is an unanimous call to drop the contentious bill and media appeals tribunals.

But the crackdown has been brewing for a while, and is not the first step the ANC has taken to sweep in some censorship. And the government has long derided newspapers and journalists who unveil information that doesn't paint the government in a favorable light. In 2007 we wrote about Africa's AIDS and public health crisis in hospitals, which the media persistently exposed. In response to the press attention, Mbeki pounded back in his own newspaper columns, including one Acronym Required dubbed "the mini-skirt memo". But Mbeki never did address the issues.

Mbeki's ANC consistently labeled anyone who criticized him as being unfaithful to the revolution, and Zuma hints at as much. This would be a blow for democracy, human rights, and business. But unfortunately, some countries have proven, like China and Russia and many others, that with the help of greed enabled complacency from US and Europe, freedom of information and freedom of press aren't necessarily requirements for state enrichment.

President Zuma urges people to "move away from hysteria dwelling on individual experiences". And he concludes: "We will use our right to express what we think. And we should not be silenced by claims of 'threats to press freedom'".

Acronym Required writes frequently about South Africa, especially issues involved the state's public health policies, HIV/AIDS progress, public media.

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1a name he adopted meaning "of Africa"

2 No one would accuse these authors of being dedicated to politically liberal causes. Concurrent with China, Skapinker this spring urged a ban on comment anonymity 'to promote civility', a trending meme that would slap a lid on many important forms of speech. While some people took exception to Skapinker's tedious idea, in one published letter to the FT editor, the writer agreed with Skapinker, and added that we should also identify motorists' identities via their license plates to promote highway civility, because as he noted, fooled by randomness, people who drove cars with vanity plates were more polite.

RW Johnson recently outraged writers, academics, and civilians with a racist piece he wrote for the London Book Review. 73 signatories complained in a letter to LBR that his work was "often stacked with the superficial and the racist".

Does WikiLeaks finally show us the potential of the "World Wide Web" of Once Upon A Time? Or is it a sinister threat to our sacred institutions?

Only The Government is Qualified to Redact?

Last weekend, as everyone knows, WikiLeaks posted documents that uncover the daily dirt of the Afghanistan war. The leak is unique in its sheer volume. And notably, the information is not condensed into a seconds long news flash with insight provided by a general so as to neatly temper the shock value war-time revelations. War is ugly and complicated, as described in the many books about the Iraq war that everyone read, like Fiasco; or one I liked, Rory Stewart's The Prince of the Marshes: And Other Occupational Hazards of a Year in Iraq. But in the US wars are remote, old news, and easy to forget.

The released Wikipedia documents highlight hundreds of unsavory details about the pervasive untrustworthiness of the various "allies", the killing of civilians by wayward drones, intelligence mistakes, and small details like the attempted poisoning of an American geologist. In short, the everyday deaths, maimings, destructions and deceptions. War is war, but Assange says he hopes citizens pressure the government, and he hopes the details embarrass some generals, goad them to behave better, or derail their careers.

While Assange has his agenda, states struggle to frame the leak within theirs. Citizens have been barraged with guidance from official and unofficial sources about how much attention to pay to the deluge of unsettling news. Not much, they're instructed. At first most officials advised there was no new "news", which could mean anything, but seemed to implore: Pay no attention! Pay no attention! Which compelled WikiLeaks and news outlets to argue that indeed, it was new news, and proceed to line item the "new news" in gory detail.

So then commentators put forth a more nuanced stance. Stewart A. Baker, Assistant Secretary for Policy for the United States Department of Homeland Security under George W. Bush, talked with Julian Sanchez of the Cato Institute in "Dangerous Leaks", on BloggingHeads TV today.

There was no new news, Baker said, but new details about people and places that endangered military strategy and individuals. When told by Sanchez that WikiLeaks was redacting information in 15,000 docs to prevent that sort of thing, Baker responded that WikiLeaks was inept at that task because they couldn't know which information was dangerous. WikiLeaks could only pretend to protect sources and individuals in the documents, Baker said. The government was far more qualified to know which information to redact when they released information under the Freedom of Information Act (FOIA), but even the government made mistakes he said. In other words, pay no attention, it's not important, but it must be stopped, there are sound government procedures for this. What's one to think about that? Will anarchy break out if the public knows more via unofficial sources?

House of Critics

It's not just governments that are after Assange. Competing organizations in the "important leaked documents space" also criticize Wikipedia and the personal motives of Assange. The owner of Cryptome calls WikiLeaks' mission corrupted by money. Steven Aftergood, of Secrecy News blog, has said that WikiLeaks threatens individual liberties by disclosing documents for disclosure's sake. Other hackers have donned white hats to accuse WikiLeaks of endangering national security.

Some naysayers pick different bones. Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, said:

"This is not journalism...did they write stories, talk to sources, analyze the information, go to the government for a response or put it in context? Did they do something to inform the public about what these documents show? No."

Still others accuse WikiLeaks of working under the mantle of transparency, but operating in a completely opaque fashion. Following the New Yorker's June 7th article on Assange: "No Secrets: Julian Assange's Mission for Total Transparency", one letter to the editor of The New Yorker criticized Assange: "On the surface, his ideology seems to say: Full transparency leads to greater honesty and a better global society.", the letter writer wrote, "But why then publish private church data intended for the use of its leaders?"

This specific quote, I think, refers to the release of Church of Scientology leak described in the June 7th article. But people say it often, and it could refer to any church. Let's consider. Popes, leaders of the Catholic Church, squirreled away very private church data for centuries. Only when brave victims, mostly young boys, stepped forward en masse to reveal the priests' transgressions was the destructive force of those crimes revealed. If only technology had enabled a leak earlier on.

The Sacrosanct Institutions and Freedom of Information

WikiLeaks is evading boundaries all around. You don't need the FOIA to access its cache of secret documents. The government has (at least momentarily) lost a smidgen of control. The letter to the New Yorker editor could have been referencing the church of government. It could have been referencing the church of the military, the church of hacking, or the church of journalism.

Take the church of journalism. What is "journalism" these days? Is it a useful tool for eliciting government response and context as Dalglish says? Or is journalism, due to technology and psychology research progress, more and more the public relations arm of institutions? Does it live up to its potential? Do we really need generals to put war incidents in context for us? Or as citizens, can we be enticed to be interested, and trusted as intelligent judges of how effectively our tax money is being used? Or is that a fairy tale? (Yeah, maybe, anyhoo) Moreover, isn't there just too much information for the fourth estate to efficiently parse for us?

Long ago, when the internet first came to be, some crazy people thought it would provide a new frontier for open information, would break the barriers erected by states. But ordinary citizens have always found themselves on the wrong side of information asymmetry when it came to knowing what governments are up to. WikiLeaks fantastically shows another possibility. Maybe in this new age, as Obama promised, government could indeed be transparent, participatory, and collaborative. The Obama government accomplishs its information goals. But maybe all the transparency won't all be found at sites like transparency.gov in the cloud. Maybe Open Government will be defined by citizens too.

Spies Like Us

Thoughts on Spying

It's a spy filled summer, with movies like Inception and Salt -- one really enjoyable, the other not so much -- but both filled with evil doers and secretive characters up to who knows what. Then you exit the movies, glance around, and realize the world really is up to its ears in spying. Espionage messes in Russia, Iran, Afghanistan, Pakistan...and everywhere else. But spying is complicated business, more complicated than figuring out than who's in what level in Inception. And more complicated than science too. Although some people spend make a career of trying to convince you global warming is a conspiracy, in the end (hopefully figurative), everyone will know that the climatologists were right. But at the "end" of spy stories, who knows?

  • New Century, Old Cold War?

    Take, for example, the recent rounding up of Russian spies hunkered down for years in the US. The US hosted "spy ring" turned out to be an eclectic assortment of suburbanites working at random places like Spanish-language newspapers in New York. Then suddenly one week, to chorus of guffaws about their inefficacy, the spies were quickly swapped for Russia's release of four imprisoned Russian nationals.

    Last weekend Vladamir Putin welcomed the 10 spies from the US back to Russia, and together they sang Soviet era patriotic songs like "How The Motherland Begins." The ten must have been thrilled, having been holed up in America for so long, but the glee club welcome might have been tough for homesick Soviet spies still salted away in the US.

    The Bush era reignited US public awareness of spying, and led some people to suspect that the administration was intent on returning to the Cold War Era. The Obama administration seems to be carrying on the trend. By most media accounts the Russian spies were throwbacks from the Soviet era, except strangely without the lethal weapons on the tips of their shoes and toxic poison tipped umbrellas. The incident was pure comedy fodder.

    But were they really as bumbling as the media concluded? Now we learn that Andrey Bezrukov, aka "Donald Heathfield", who lived in Cambridges, MA, with his "spy-wife and two kids" by spies, tried to sell software to Stratfor Inc. The CEO of Stratfor said Heathfield aroused no suspicion. "'Only when the news broke," Friedman said, "did we go, uh-oh". Stratfor is a "global intelligence" firm which has a very interesting take on the Russian spy story. It may be more complicated than you think.

  • Iran, Not Trading?

    Then there was the weird incident of the Iranian scientist. A bizarre web of a tale -- starting with a kidnapping in Saudia Arabia (maybe)? The kidnapped was supposedly incarcerated in DC until he somehow escaped his US captors and sought refuge at the Pakistan Embassy. Next Hillary Clinton rather woodenly explained he was "free to go" -- but 'what about those hikers'? Other strange details came out. Amiri was paid $5 million by the CIA, but couldn't take it with him back to Iran - bum deal, and was also once a CIA informant in Iran. So confusing. As an aside, Iran's nuclear program has been plagued by exploding centrifuges and equipment failures -- FT considers whether it's sabotage. Again, it may be more complicated than it appears.

  • WikiLeaks and Its International Man of Mystery

    We would be remiss not to include WikiLeaks in our spy stories. Before the Afghanistan documents came out, Bradley Manning apparently contacted a former hacker via the internet and boasted about giving a slew of US military documents to WikiLeaks. Salon questions the motives of the the former hacker who turned Manning into the FBI, and day after day that thread got weirder and weirder.

    Then this weekend, WikiLeaks posted documents that uncovered the daily dirt of the Afghanistan war, released earlier to the New York Times, Der Spiegel and Guardian, who all extracted some material for stories. Everyone reacts with a different impression of the importance of the documents, with officials from the involved states -- Pakistan, Afghanistan, and the US, giving a whole range of variable opinions on the docs' relevance, legitimacy, and harmfulness. Many now echo what BBC's Crispin Black told Salon before the documents were released:

    "Diplomatic cables don't usually contain huge secrets but they do contain the unvarnished truth so in a sense they can be even more embarrassing than secrets."

    WikiLeaks founder, Julian Assange says he hopes to embarrass some generals. He's brilliantly solidified his reputation for being elusive while showing up more and more and more. He recently appeared at a TED conference in Oxford. He was on Larry King. He apparently met several times with a New Yorker reporter sometime in the past, which led to a very long article on June 7th by Raffi Khatchadourian: "No Secrets: Julian Assange's mission for total transparency", which solidified his international man of mystery reputation. Sometimes he doesn't show up, but rumors leave rooms buzzing in anticipation, therefore he can achieve a physical presence in more than one place at a time. Now with the leak of the Afghanistan documents, he's gotten even more publicity, helped by rumors that the US government is chasing him. All choreographed with invisible and exquisite timing.

    Could it be less intriguing than it appears? I don't know. But it's riled some people up. Former Pakistani "spymaster" Hamid Gul, a retired general who the docs report has ordered roadside bombs against Nato and conspired with Afghan insurgents against the UN, says all the documents are a conspiracy by Obama to scapegoat Gul for the US failure. It must be a preemptive strike - Gul's mentioned in ~10 of ~100,000 docs - "Pure fiction", Gul says, all I do is grow mangoes and peaches and visit with my grandchildren.

  • Washington Post's Own Database of "Secrets"

    The Washingon Post, for its part, pre-empted WikiLeaks hoopla with it own "database" of compiled secrets. It says that "Top Secret America" made the Yahoo! News "Top 10 Blockbuster revelations". Then conversely, the Post explained to officials and readers who complained that their data endangered Americans' safety, that all the data was in the public domain anyway.

    Perhaps less secretive than it appears? As Tim Shorrock reported here, what took them so long?' And why the alarmed reaction from government? Does the Post's stuff really cause official consternation? Who could have really been surprised? It's true that most of the Post's stuff can be extracted from places like transparency.gov with zero difficulty, motivated by just the tiniest bit of curiosity. (And for that matter, the nitty gritty aspects of war in the WikiLeaks documents are accessible in books and articles, though not all at once with the type of fanfare that makes news.) So what's the official fuss over "Top Secrets"?


Comforting The Tourists -- Secrets Make Us Safe?

Is every last bit of information worthy the label "secret"? Or is "Top Secret America" sly advertising somewhat intended to make us feel safer? Once, as a Ghanaian taxi-driver drove a group of us through Columbus Square in Manhattan, I asked about all police cars and flashing lights and commotion in the middle of the square. He replied they were there for no particular reason except "to comfort the tourists". Maybe all the excitement about "top secrets" is merely to comfort the tourists (and citizens) -- as well as entertain them when they're not captivated by spy flicks.

BP's Spill - A Black Duck Event?

The BP spill in the gulf remains an unrelenting environmental and economic disaster. Oil industry technology lets us pierce deep holes in the ocean floor and extract oil for energy and profit for companies. That know-how is obviously way ahead of the know-how to avert and fix oil rig failures that impact people and the economy more frequently than they should.

Flimsy Tech, Strong Marketing

John Gapper wrote over a month ago in the Financial Times that the BP disaster could have been worse, for instance if the larger Thunder Horse rig failed. He quoted BP's website: "Everything about Thunder Horse is at or beyond the limits of the offshore industry's experience", and noted: "What once sounded impressively high-tech now sounds positively scary."

Of course, lack of "industry experience" sounds less scary today, a month and a half later, because we understand the enormity of the Deepwater Horizon mishap. Our fear has been removed by experience. Can we fathom anything worse, now that the estimated volume of gushing oil has been adjusted upward; now that plugs, top-kills, and various domes and caps have failed to stop the damage?

We don't even have a word for it. "Spill"? As in a sippy-cup of milk? Perhaps we need a new word for ~60,000 gallons a day gushing into the Gulf? Gusher's not quite right. Sound's almost celebratory, like champagne. Trivialities aside, don't we need a new system to assure that technology to contain spills doesn't extend "beyond the limits of offshore industry's experience"?

Tech Failure as Entertainment Staple?

Technological failures happen every day, we don't have blind faith in technology, despite what some say. Buildings collapse, brakes fail, cars crash. We live with this, we wear seatbelts, mandate airbags, set values on body parts. And when worse comes to worse, we get cathartic pleasure from accidents. It's true. Why is the traffic stopped on the highway for five miles back? The accident is cleared, the bodies are gone, but people need to gawk at the damage on the cars. What can't be gotten in person we get on TV. Any botoxed, pancake make-up plastered announcer who manages to contort their face into an emotion while describing an airplane crash, a fire, or a kitten with two faces steals our attention.

A little hormone surge, then back to the routine until the next catastrophic high. We depend on those hormone surges like some probably depend on prayer, to get us through the mundane day. A little spilt milk souring someone else's life is great entertainment. The difference with this spill is that we're usually free, after a few minutes of rubbernecking, to drive away from the scene, catecholamine rush satisfied.

We crave that. And so the media finally goaded President Obama to say "kick-ass" on TV -- to pretend-put BP in it's place and give us a little surge. True, talking about ass-kicking will never prevent the next catastrophe, but the grinding negotiations of lawmaking never provides an adrenaline boost. We champion people talking about change, but that's it. Unfortunately, Obama's presidential version of "kick-ass" didn't satisfy. Fortunately Congress can always step up to some ass-kick rhetoric theatre for America.

Weak Oversight of Inevitable Failure?

The company face-off with congress suits business too. Companies seem used to enduring public lashings, as long as their business goes on as usual. CEO's probably have it written into their contracts: "You will appear before Congress for reprimanding should the business of risking lives for profits be revealed, and your job is to exhibit the full range of arrogance and chagrin:" (Salary: $27.2 million).

Dragging bank CEOs before Congress served this purpose earlier this year. And notice how quick we lost interest in the "regulatory loopholes", ensconced as we are in the current crisis.

The hearings also give oil company executives a chance to argue for less regulation right off the bat. The BP technology failure, as inevitable as it was, sent shudders through all the regulation-allergic oil companies. This week executives energetically backstroked away from the flaming BP rig oil gusher. Rex Tillerson (Exxon) described it as an "unprecedented" event, due to a "level of risk...beyond industry norms." that "should not occur". John Watson (Chevron) called it a "single incident" and a "preventable tragedy", due to "failure to operate with high standards".

The Exxon and Chevron CEOs offered lawmakers all sorts of reasons why the BP accident wouldn't happen in their companies, because of "documented standards", "best practices", "proprietary technology", "stop-work authority", and "time to do things right or not at all". Watson said "safe" or "safety" no less than 25 times in his brief.

Of Walruses...and Little People

And about those "documented standards"? We saw how companies share in their contingency plans the phone numbers of the same dead experts, and descriptions of how to clean walruses not seen in the Gulf since the Ice Age. Kudos to Congress for pointing all this out with great theatre. But shouldn't someone be reading these plans before the failure? That walrus thing would be pretty easy to spot. Demonstrating how little relevance these showdowns have, even that embarrassing fact didn't move Exxon's CEO, who said: "It's unfortunate that walruses were included". Because...if they hadn't been included nobody would have noticed that there was no plan at all? Accchhh...the insouciance.

Once impressive technology always looks fatally flimsy after failure, like the feebly blinking red 12:00. We're used to technology achievements -- they yield tremendous bragging rights. We're also used to technology failures. Cars crashes happen and when they do we know how to mop up. Spills occur, as in the Niger Delta and frequent gushers across the world. So shouldn't the standards and contingency plans be evaluated as part and parcel with the technology -- ahead of time? There's more to technology then a deep a hole we can dig for ourselves.

Notes in February

Being that it's a slow day in the weekly cycle I should just kick back and peruse the glossy weekend magazine "How To Spend It", from the Financial Times' -- choose some baubles and get-ups to distract me, and lavish African safaris to amuse me. But a post is overdue. So some notes:

  • Runaway Cars: Toyota's "Poppycock"

    Since 2003 the National Highway and Transportation Safety Authority has been investigating safety problems with Toyota vehicles. And apparently, in an effort to "ward off" too much investigation, Toyota hired two former NHTSA workers who helped forestall action government action and inquiry into the failures. Joan Claybrook, formerly of Public Citizen and the NHTSA, spoke about the company's duplicity in dealing with the issues:

    "Toyota came in on the floor mat issue and they said this is not a safety-related defect, but we're going to do it any way. And we're going to obey all of the rules and regulations that you have for carrying out a defect, but this is not a safety-related defect. This is poppycock and they should never have tried to get away with that."

    The company has apparently tried to frame a more serious problem as a floormat issue, but Claybrook recounts that the company is not only replacing the floormats but also installing a brake override:

    "in the recall dealing with the floor mats, this is the Lexus, the Camrys, some SUV's and the Prius, they're going to not only fix the floor mat, but they're going to install a brake override, as it's called, which is a software change which if there's a conflict between the accelerator, throttle and the brake, the brake wins out and you can stop the car. Right now a lot of cars have this, but the Toyota vehicles do not. So they need to have something electronic to stop these vehicles from being runaway vehicles."

    Admission of a widespread electronic problem would apparently be detrimental to the company. As for NHTSA, the agency has apparently been dealing with leadership turnover and budget woes. The growing outside perception is that the agency has grown altogether too close to the industry it's supposed to be regulating. We previously covered the NHTSA and industry coziness when writing about the EPA and the US government's efforts to reduce unhealthy automobile emissions.

    Columbia Journalism Review summarizes media coverage of NHTSA's dealings with Toyota, and reflexively criticizes the media in general for being lax.

  • Gait

    There have been some interesting studies on gait lately. Barefoot running has become a fad and research has long indicated that running shoes increase ligament injuries, stress fractures and planter fasciitis. Now, a running shoe study by Lieberman et al in Nature "(subscription) shows that running shoes change human gait, from running toe-heel to running heel-toe. Actually, the authors distinguished three patterns, forefoot first, midfoot first, or rearfoot first. Running shoes encourage heel strike first, which differs from barefoot running. The researchers found heel strike running greatly increases resultant forces that can cause running injuries.

    In another recent study, published in the Journal of Experimental Biology, Cunningham et al compared the amount of energy expended when humans walk heel-toe (plantigrade), vs. toe-heel (digitgrade). The study found that it takes 53% more energy to walk on the balls of your feet, and 83% more energy to walk on your toes, than to walk heel to toe. The authors conclude that humans conserve energy by walking heel-toe (plantigrade), but don't conserve energy when they run plantigrade. They suggest evolutionary reasons that made heel-toe walking more advantageous.

    Finally, slightly different, another study, also in the Journal of Experimental Biology looked at elephant gait. The authors built an elaborate structure to measure the forces of running elephants and found that elephants use less energy and manage to bounce less (which decreased forces) by adapting a half-walk, half-run stride. This stride decreases by almost one-half the forces exerted by a running elephant compared to a running human.

    Acronym Required previously looked at energetics in Nepalese Porters carrying loads, and in human walking obese and non-obese people

  • Matchmaking for Cynics

    Acronym Required has jestingly suggested pairing people from perhaps opposing camps in the past, like an impertinent investigative reporter from the Milwaukee Journal Sentinel, with a journalist contracting for a bisphenolA-is-safe lobby, as we wrote in BPA Rhetoric and Reaction; or a chemical lobbyist, with an environmental agency scientist, as we wrote "New Strategies for Bisphenol A and Chemicals?". We did this to celebrate the Obama era, as a light-hearted ode to getting everyone at the same table.

    But now an offshoot of Greenpeace has developed a far more sinister and cynical matchmaking concept in "P-Harmony", Polluter Harmony, which proposes to match various legislators and decision-makers with lobbyists. Of course there's no end to such real-life power matches, as a Google search for any combination of "sex", "sleeping with", "lobbyists", "Congressmen", "regulators", "Senators", "in bed with", etc. will attest to. But if I were to rate the site, I'd say it's ripe with potential and has some amusing detail, but is spare on the sort of fleshed-out scurrilous information people find so delicious.

  • And Speaking of Which, The EPA...

    No, not lobbyists in-bed with regulators, but websites. The new EPA website is much improved. The Obama Open Government initiative aims to "break[] down long-standing barriers between the federal government and you". To that end, you can "share your ideas" at the open government site or just peruse the evolving EPA site. It's not the first time the EPA has tried to improve public information, but this is a far more comprehensive approach than others, like this 2007 effort. I haven't delved too deep into the site, but the top pages seem also to advance the agency's control over its messaging.

  • Obama Quandries

    No one quite knows what to make of Obama. We wrote about the collective disappointment last month, and pondered whether, if people been paying attention, they'd have realized he wasn't necessarily the person they'd fabricated in their heads. We suggested people look at the varied politics of his close advisers, lmany of whom certainly aren't liberal.

    And this is exactly what people have been doing. In an article in the New York Review of Books a couple of weeks ago, Jerome Groopman looked at healthcare reform and tried to predict how it would go based on Obama's "closest advisers" on the subject, Cass Sunstein, head of OIRA, and Peter Orszag, head of OMB (OIRA is within OMB).

    Groopman distinguished Sunstein's "nudge" approach based on behavioral economics, from Orszag's "shove" approach, a different take on behavioral economics. Groopman characterized Orszag's approach as a more stringent incentive system that would not allow doctors and heathcare providers to "opt out", but would penalize them for not following government set "comparative effectiveness" mandates. But comparative effectiveness is no different than "cost effectiveness", wrote Groopman, and cost effectiveness doesn't work and won't sell. Interestingly, I've always viewed Sunstein's cost-benefit analysis to have the same shortcomings Groopman seems to loathe. But Groopman wants Sunstein's way to prevail in the healthcare debate because Sunstein offers an "opt-out".

    But perhaps healthcare won't be swayed by only two advisers but four. The Financial Times also judges the president's decisions on the views of his too small circle. FT names four key advisers, Valerie Jarrett, Robert Gibbs, Rahm Emmanuel, and David Axelrod and says that Obama needs to change up a bit to shake his governing woes. Is it realistic at all to judge the president on such small numbers of advisers? It's apparently a fun game, despite it's grounding in reality.

    As gripey as everyone is, I'm more optimistic on this President's day, thinking about the state of US governance and politics, than on the same holiday during the previous administration.

Obama, The Disappointment?

Many people who are now disappointed by the Obama administration didn't pay close enough attention during his campaign and election. It's the same with all presidents, really -- the promise of a new president brings at first a golden era of hope during which people seem to cavalierly shed their analytical abilities; then the denial phase as the president comes into his own; then the rude awakening when they're shocked, shocked, shocked at the scale of the deception.

Remember the Bush presidency? Mr. Compassionate Conservative? People barely twitched when he invaded Iraq, then slowly awoke to his mendacious governance -- the fact that there were no WMDs, there was global warming, arsenic levels weren't safe, Guantanamo prisoners were tortured to within an inch of their lives the end of their lives -- etc.

Warnings

But before presidents are elected there's time to profile their past, time for people to shake themselves out of wishful thinking into clarity. Usually at least one enterprising journalist digs into a candidate's history and accurately predicts their presidency. For instance, during the George W. Bush presidential campaign of 2000, Harper's author Joe Conason wrote an excellent, disturbing article about Bush's tenure in Texas politics called, "Notes on a Native Son: Part I. "The George W. Bush success story: A heartwarming tale about baseball, $1.7 billion, and a lot of swell friends." (Feb. 2000) The article disabused people of their ideas that George W. Bush and Democratic candidate Al Gore were very similar. Conason nailed Bush's future leadership proclivities. Perhaps some of it was luck, and I'm sure Conason wasn't the only one who caught on early. But the Harper's article showed that some people really can get a bead on leaders, and that if we pay attention we could too. That, at least, is reassuring to know.

Forward to the Obama campaign, in July, 2008, when New Yorker magazine shocked the world with a cover cartoon of Barack and Michelle Obama pictured with radical accoutrements and dressed -- as Al Jazeera put it -- "in what many [Americans] see as 'Muslim clothing'". We think fewer people read the accompanying article, which we touched on back then in "We The Thin Skinned, The Public and The Media".

The New Yorker cleverly juxtaposed a detailed political biography of Obama by Ryan Lizza against their cartoon cover depiction. In Making It: How Chicago shaped Obama, Lizza portrayed Obama as a pragmatic politician alert to the vagaries of politics, who proved himself more than adept at maneuvering through the political quagmires of Chicago and Illinois to emerge unscathed, all the while governing blandly. We quoted this from Lizza's profile:

"Perhaps the greatest misconception about Barack Obama is that he is some sort of anti-establishment revolutionary. Rather, every stage of his political career has been marked by an eagerness to accommodate himself to existing institutions..."

Liberals now realize that Obama's "existing institutions", as Lizza put it, were in many cases set up by the George W. Bush administration. The public didn't seem to get the New Yorker's sly joke back then, the paradox of the cover story versus the true inside scoop. The public went apoplectic over the cover. And only now are people starting to catch on to the fact that the Obama they compiled in their head isn't the Obama who's leading the country.

Misconceptions

If liberals and independents are unhappy -- Bush at least went full tilt with his base-- so too are conservatives. Conservative columnist Ross Douthat sought to explain the Obama paradox recently. He wrote: "In hindsight, the most prescient sentence penned during the presidential campaign belongs to Ryan Lizza of The New Yorker", then quoted Lizza's two sentences ("Perhaps the greatest misconception...institutions"). Douthat's "The Obama Way" explained that everyone vilified Obama differently but the president fit no particular mold. The most discontented people were the liberals -- as Douthat said:

"The left has been frustrated, again and again, by the gulf between Obama's professed principles and the compromises that he's willing to accept, and some liberals have become convinced that he isn't one of them at all. They're wrong. Absent political constraints, Obama would probably side with the liberal line on almost every issue."

There goes Douthat, first heartily agreeing with Lizza's New Yorker quote describing Obama as a political accommodator, next labeling Obama a flaming liberal who's only tenuously tethered to some middle way -- as if to warn conservatives not to relax. Well, which is it, young feller?

Does Douthat peg Obama as impossible to categorize but at his core very liberal? Or does he fall for the same fallacies of judgement he's just finished explaining to us?

Pragmatism

How liberal is Obama, deep down inside? Honestly, we don't know. But look, for instance at the politics of one of his long term advisors, the only person with a more quixotic image than Obama himself, whose intentions are even more difficult for observers to pin down -- Cass Sunstein. Sunstein leads the Office of Information and Regulatory Affairs (OIRA). OIRA reviews regulations from all rule-making agencies in the Office of Management and Budget, regulations for banking, air and water quality, food, drugs, transportation...in other words, Sunstein's philosophy affects us all, and he's supposedly a close counsel of Obama's .

We've somewhat regularly followed Sunstein's progress in the Obama administration and his amazing ability to attract venomous critics as well as admiring followers from both the left and the right. There wasn't always such focus on OIRA administrators. Sunstein's very driven regulation-allergic conservative predecessors at OIRA, John Graham and Susan Dudley, attracted only the sparsest attention as they weakened regulation, ignored science, and developed symbiotic relationships with industry.

Sunstein often quotes John Graham and shares and builds on Graham's cost-benefit analysis legacy, yet people often label him, like Obama, as an out of bounds liberal. Sunstein's nomination was supported by conservative groups like the Competitive Enterprise Institute and by the Wall Street Journal. Yet wildly preposterous rumors about his views, for instance on animal rights, held up his OIRA nomination for months. Republican senators stymied his appointment, as hunters and factory farms hijacked meaningful deliberation about Sunstein's most controversial ideas -- on cost-benefit analysis, for instance -- by focusing on the false notions that he might ban hunting, something that he had actually convincingly argued against.

The other thing that's interesting given Sunstein's well-documented ideas, is how pundits from both sides seem to ignore history when they periodically burst out over one thing or another they unearth in his writing. Of course some people, like Rena Steinzor of the Center For Progressive Reform, have long focused on environmental law, cost-benefit analysis, and the likely impact of Cass Sunstein heading OIRA. But to my point, recently Glenn Greenwald popularized a flurry of concern about Sunstein with his Salon article, "Obama Confidant's Spine-chilling Proposal". Greenwald's focus is not on Sunstein's cost-benefit machinations or environmental stances, but on Sunstein's exploration of government control of "conspiracy theories".

The Mirror, A Gift or A Curse?

Greenwald takes Sunstein to task for advocating in a 2008 paper that the government ought to do things like anonymously infiltrate groups to dissipate conspiracy theories. The Sunstein paper is really interesting (and funny, to me), and Greenwald competently attacks the ideas Sunstein presents. But just like Bush and Obama, Sunstein's proposals in 2008 proved consistent with what he has publicly explored/advocated for years.

In his 2001 book Republic.com, for instance, Sunstein argued that the government (he later changed this to private companies) could fight internet "hate-sites" and polarization that 'threatened democracy' by enforcing things like cross-linking to politically opposing sites. What did Thaler/Sunstein's book Nudge urge but for the government to "architect" our "choices"? If you circle through his books and papers you'll find that one way or another, either by infiltration or nudging, Sunstein's quite pre-occupied with government control of "undesirable" information, voices and outcomes, as judged by the government. These aren't terribly liberal obsessions, and it would be hard for me to call Sunstein a liberal.

Back to Douthat's point, I would also be hard-pressed to call Obama a liberal, either by his associations or his Illinois and presidential records. I'm surely biased, but so far he's a pragmatist, (though not a "centrist" Douthat says), and we were adequately and accurately warned. How many years does someone need to act like a centrist/pragmatist before people stop labeling them a liberal?*

Obama gets everyone together, he does. And they're all suspicious. During his campaign, people would say that Obama's campaign gift was that he made everyone see a bit of themselves in him. Perhaps now he has the opposite effect. No one can see any bit of themselves in him. Is that a curse?

-----------------------

*And btw, as an aside, what is a liberal? And does the country need a "liberal" president, anyway, liberals?

New Strategies for Bisphenol A and Chemicals?

The Chemical Lobby Finds Their Man:

Back when the momentum for banning bisphenol A (BPA) hadn't quite built up to its current fervor, BPA lobbyists used to denigrate everyone who questioned the safety of bisphenol A. Male, female, old, young, it didn't matter, they were 'internet moms' who'd worked themselves into a blind tizzy about bisphenol A, which was 'perfectly safe'.

But things were a little more tense last May for industry leaders who met to discuss a strategy for fighting back against the growing movement to limit consumer exposure to risky levels of BPA. As we quoted the Wall Street Journal in our post back then:

"industry executives huddled for hours Thursday trying to figure out how to tamp down public concerns over the chemical bisphenol A, or BPA. The notes said the executives are particularly concerned about the views of young mothers, who often make purchasing decisions for households and who are most likely to be focused on health concerns."

In addition to crafting clever lines to scare consumers, like "do you want to have access to baby food anymore?", the industry group discussed getting the right spokesman for their cause. A scientist might be difficult they acknowledged, they had reputations to preserve, but a pregnant woman would be "the Holy Grail".

Now it looks like they found their man in a public relations expert named "Joe Householder" -- his real name. This isn't the first challenging public relations assignment for Mr. Householder. He worked with, among others, Enron's law firm, baseball player Roger Clemons, Hillary Clinton, various other politicians, and Public Strategies Inc. Now he's with Purple Strategies Inc., apparently heading a group called "Coalition for Chemical Safety". The Coalition for Chemical Safety works with American Chemical Council (ACC) and other businesses. To date, those businesses are known more for not putting the safety and health of consumers before corporate profits.

So we look skeptically at "The Coalition for Chemical Safety". Indeed, it's described by the Environmental Defense Fund (EDF) as an BPA astroturfing organization. But it takes different tactics then previous BPA astroturfing campaigns. Mr. Householder and the Coalition for Chemical Safety take a warmer approach to BPA and chemicals, astroturfing-wise, then representatives in the past have.

In step with the times, the everyone_together_at_the_same_table age of Obama rhetoric, as opposed to the more acrimonious Bush era rhetoric, the Coalition is 'educating' consumers about chemicals. Instead of saying bluntly that BPA is safe, the mother in this Coalition sound clip talks about banning BPA in baby bottles, but encourages consumers and public health advocates to always work with the chemical companies (mp3 from EDF). This is the more subtle approach to controlling the public perception of chemicals. And who better to assure "young mothers" making "purchasing decisions for households", than a guy named Joe Householder?

In keeping with this new, more collegial approach to marketing/public relations, Householder has directly engaged Dr. Richard Denison, EDF's sometimes scathing Senior Scientist, in a mano-a-mano on Denison's blog. This is Householder's "purple" strategy, I think, not red, not blue, purple -- get it? That's where we all agree that chemicals are indeed wonderful (they are) and that we love regulation, just the "right" regulation, and "reasonable" regulation. Look out for that.

Mr. Household has invited Dr. Denison to join the Coalition for Chemical Safety, and although Denison hasn't posted a public response, I think with their combined gregariousness and magnetism, it's just a matter of time before they're hanging out together, Richard educating Householder on bisphenol A and Joe sharing public relations tactics and the use of his very apropos name. Isn't that how things get done these days?

Update: 02/14/09 Dr. Denison did continue to engage Joe Householder on the EDF blog. In a February post, Denison continued to ask Householder what his funding sources were, and what PR tactics he had used to get certain sectors so riled up about the Toxic Chemical Safety Act (TCSA):

"What exactly are you telling lawn services and landscaping companies they need to worry about in TSCA reform? And just what tortuous scenario are you weaving to convince police associations that better chemicals management will compromise their safety on the job?"

Denison wants some transparency from Householder. We don't know how/if Householder responded.

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Acronym Required has written extensively on BPA science and regulation. We also wrote about individuals hired by industry, the acrimony they stir up, and the possibility of wonderful relationships blossoming between players on either side of the chemical divide in BPA Rhetoric and Reaction

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