Placing the New Zealand Internet Filter Story in Perspective

March 15th, 2010

I rarely need to do this, but please stop submitting this story. Dozens of you guys think I have somehow missed this. I didn’t.

Why didn’t I post it?

First of all, given everything that’s out in the open about what governments are doing on the Internet, is this story even relevant for Cryptogon readers?

Second, in the case of NZ, there is no requirement for ISPs to use the filter.

Third, it is only being used by two tiny ISPs at the moment. Don’t like it? Use an ISP that doesn’t use the filter. So far, there are two (Slingshot and Natcom) that explicitly state that they won’t use it.

Fourth, this news was all over the media in New Zealand, so, for the relative handful of Kiwis who read Cryptogon, it would have been a waste of time to mention this.

Fifth, most ten-year-olds could get around the filter.

Sixth, the New Zealand Government does virtually nothing of any significance without consulting its masters in Australia/U.S./China/Japan. Anything crappy that’s happening in New Zealand is an echo of absurd policies elsewhere. I don’t know whether the beehive needs an enema or an exorcism, but whatever has taken over in Wellington isn’t serving the interests of the people of New Zealand.

So… An ISP optional list of childporn and bestiality sites that only two minor ISPs are using… It didn’t spike above noise level for me.

Some might say, “But the government will start flagging traffic to political sites as well!”

I would respond that anyone who thinks that the government isn’t already flagging traffic to political sites hasn’t been paying attention over the last fifteen years or so.

Why does virtually all Internet traffic in New Zealand flow through one address in Auckland? (I don’t get dozens of emails about that.) There’s a nothing-to-see-here explanation, which is related to long haul data transport to and from a small island country… But that situation has created a degree of centralization that I would call too tantalizing for any government to ignore. I definitely don’t want to discuss the facility in any more detail, but traceroute is all you need to know that the situation here is far weirder than some list of kiddie fiddler sites. Note: Don’t bother posting the address to the facility I’m referring to here (or a Google Street view link, that shows, among lots of other terrifying things, that people throw trash on the diesel backup generator cage outside near the sidewalk).

Via: Ars Technica:

New Zealand’s government-run Internet filtering system is now running, and two ISPs are already using the system. Seven thousand websites are on the list, most dealing with child sexual abuse, bestiality, and other illegal content, as classified by the country’s official censors (you too can be a censor for a day). Such material has been illegal offline in New Zealand for years, so the expansion of the program to the Internet isn’t a big surprise. But will it work?

The government runs the filter, but ISP participation remains voluntary. Currently, Maxnet and Watchdog are confirmed to be using the filter, though other ISPs are said to be interested. Maxnet CEO John Hanna explained his company’s position to Computerworld New Zealand: “Filtering out child pornography is also very much in line with our company values—our customers would be disappointed to hear if we weren’t participating. So participation for us has always been a no-brainer.”

The filter uses a BSD Unix-based appliance called WhiteBox from Swedish company Netclean (“We protect children on the Internet”). The government runs the filtering server and maintains the blocklist, which it advertises to ISPs using the Border Gateway Protocol (BGP). ISP routers then “know” that the best routing path to blocked addresses runs through the government’s filtering servers; all other requests route through the conventional Internet as usual and are never scanned or logged by the government.


Lehman’s $50 Billion Conjuring Trick

March 15th, 2010

Via: Times Online:

In May 2008, as the world span towards the worst financial crisis in living memory, Matthew Lee, a senior vice-president at Lehman Brothers, the American investment bank, decided to make a stand.

After 14 years with the firm, the New York-based Edinburgh University graduate was convinced the bank was heading for disaster. He wrote a memo to senior management detailing his concerns.

Lee’s warning contained several allegations, all of which proved horribly prescient. Lehman had “tens of billion of dollars of unsubstantiated balances, which may or may not be ‘bad’ or non-performing assets or real liabilities,” said Lee.

He was worried that the bank had failed to value tens of billion of dollars of assets in a “fully realistic or reasonable way” and did not have staff and systems in place to cope with its rapid growth.

Lehman’s auditors, Ernst & Young, were worried. “We are also dealing with a whistle-blower letter, that is on its face pretty ugly and will take us a significant amount of time to get through,” William Schlich, a former lead partner on E&Y’s Lehman team, wrote in a June 5, 2008, email to a colleague.

Time was not on E&Y’s or Lehman’s side. By September, the 158-year-old bank was bust, thousands of people had lost their jobs and the world’s economy had been pitched into a black hole from which it is still struggling to emerge.

Lee’s warning forms a key part of a damning 2,200-page report into the bank’s collapse released last week by Anton Valukas, the court-appointed bankruptcy examiner. He found Lehman used accounting jiggery-pokery to inflate the value of toxic real-estate assets it held, and chose to “disregard or overrule the firm’s risk controls on a regular basis”.

His most juicy finding was Repo 105, which the report alleges was used to manipulate the balance sheet to give the short-term appearance of reducing assets and risk. Not since Chewco and Raptor — Enron’s “off balance sheet vehicles” — has an accounting ruse been so costly.

Valukas won’t judge. His brief from the court was to determine only what happened. But he does highlight “colourable claims” — ones that could potentially lead to legal action. And the report looks set to pour petrol on a raging fire.

Questions have emerged over the way banks including JP Morgan and HSBC put the squeeze on Lehman in its dying days, although both argue they were simply acting to protect their own interests.

Lehman’s collapse is already subject to numerous legal actions and government inquiries. E&Y is in the line of fire. Linklaters, the London law firm, has been forced to defend the advice it gave Lehman.

Then there are Lehman’s senior staff.

Dick Fuld, Lehman’s former chief, and finance chiefs Christopher O’Meara, Erin Callan and Ian Lowitt “certified misleading financial statements,” according to Valukas.

The US Justice Department is all over Lehman and this report will provide plenty of new avenues for investigation.

Reached at his Brooklyn home last week Lee told reporters he had not yet read the report and wouldn’t comment until the Lehman litigation was settled.

“I have a lot to say, but unfortunately it is going to have to wait,” he said.

REPO 105’s roots can be traced back to a series of meetings held nine years ago in Lehman’s offices in New York and London. A new accounting rule had just come in that, under specific circumstances, seemed to allow a bank to move securities off its balance sheet and disguise the size of the risks it took. Every bank on Wall Street was looking at this, or so Lehman’s top executives believed.

The repo markets act as the oil on the wheels of the international finance machine. They work like a pawnbroker’s shop: a bank that wants access to cash agrees to sell a portfolio of government bonds, or other high-grade securities, to one of its rivals for a fixed period of perhaps just a few days.

In a typical deal in the booming markets of three or four years ago, Bank A would post securities worth say £102 and receive £100 of cash from Bank B. When the contract expired, Bank A would be obliged to buy back the securities, and pay interest. The name repo comes from the “repurchase” of the securities that takes place at the end of the deal.

It is one of the most common means by which banks lend money to one another, allowing billions of pounds to flow around the world every day between companies and individuals.

Pinning down the overall size of the repo market is hard, although analyst reports suggest it could account for easily more than £10 trillion of transactions every year in America and Europe alone.

A typical repo transaction would show up on both sides of the balance sheet. The cash received from the transaction would show up as an asset, while the obligation to buy back the assets would show up as a liability.

With Repo 105, however, Lehman found a loophole that, in effect, allowed it to show the asset without admitting to the liability. The trick hinged on the amount of collateral it posted.

If Lehman put up securities worth £105 to get £100 of cash, the new rules, under certain circumstances, allowed it to treat the transaction as a sale rather than a loan deal. The fact it was obliged to buy back the assets a few days later was ignored.

American law firms were uncomfortable with the structure. In London, however, Linklaters reckoned it was fine. It provided an opinion letter to Lehman’s London office that allowed the transactions to be conducted on British soil, under English law.

That opinion allowed Lehman to open the floodgates. It would sell assets from its American business to the London business, which would in turn pawn out the securities to other banks under the Repo 105 structure. E&Y, the bank’s auditor, did not object either.

Research Credit: GP


Obama Supports DNA Sampling Upon Arrest

March 15th, 2010

Via: Wired:

Josh Gerstein over at Politico sent Threat Level his piece underscoring once again President Barack Obama is not the civil-liberties knight in shining armor many were expecting.

Gerstein posts a televised interview of Obama and John Walsh of America’s Most Wanted. The nation’s chief executive extols the virtues of mandatory DNA testing of Americans upon arrest, even absent charges or a conviction. Obama said, “It’s the right thing to do” to “tighten the grip around folks” who commit crime.

When it comes to civil liberties, the Obama administration has come under fire for often mirroring his predecessor’s practices surrounding state secrets, the Patriot Act and domestic spying. There’s also Gitmo, Jay Bybee and John Yoo.

Now there’s DNA sampling. Obama told Walsh he supported the federal government, as well as the 18 states that have varying laws requiring compulsory DNA sampling of individuals upon an arrest for crimes ranging from misdemeanors to felonies. The data is lodged in state and federal databases, and has fostered as many as 200 arrests nationwide, Walsh said.

The American Civil Liberties Union claims DNA sampling is different from mandatory, upon-arrest fingerprinting that has been standard practice in the United States for decades.

A fingerprint, the group says, reveals nothing more than a person’s identity. But much can be learned from a DNA sample, which codes a person’s family ties, some health risks, and, according to some, can predict a propensity for violence.

The ACLU is suing California to block its voter-approved measure requiring saliva sampling of people picked up on felony charges. Authorities in the Golden State are allowed to conduct so-called “familial searching” — when a genetic sample does not directly match another, authorities start investigating people with closely matched DNA in hopes of finding leads to the perpetrator.

Do you wonder whether DNA sampling is legal?

The courts have already upheld DNA sampling of convicted felons, based on the theory that the convicted have fewer privacy rights. The U.S. Supreme Court has held that when conducting intrusions of the body during an investigation, the police need so-called “exigent circumstances” or a warrant. That alcohol evaporates in the blood stream is the exigent circumstance to draw blood from a suspected drunk driver without a warrant.


Guns in Two Mass Shootings Came from Memphis Police and Court System

March 14th, 2010

Via: AP:

Two guns used in high-profile shootings this year at the Pentagon and a Las Vegas courthouse both came from the same unlikely place: the police and court system of Memphis, Tenn.

Law enforcement officials told The Associated Press that both guns were once seized in criminal cases in Memphis. The officials described how the weapons made their separate ways from an evidence vault to gun dealers and to the shooters.

The use of guns that once were in police custody and were later involved in attacks on police officers highlights a little-known divide in gun policy in the United States: Many cities and states destroy guns gathered in criminal probes, but others sell or trade the weapons in order to get other guns or buy equipment such as bulletproof vests.

In fact, on the day of the Pentagon shooting, March 4, the Tennessee governor signed legislation revising state law on confiscated guns. Before, law enforcement agencies in the state had the option of destroying a gun. Under the new version, agencies can only destroy a gun if it’s inoperable or unsafe.

Kentucky has a similar law, but it’s not clear how many other states have laws specifically designed to promote the police sale or trade of confiscated weapons.

A nationwide review by The Associated Press in December found that over the previous two years, 24 states — mostly in the South and West, where gun-rights advocates are particularly strong — have passed 47 new laws loosening gun restrictions. Gun rights groups are making a greater effort to pass favorable legislation in state capitals.

John Timoney, who led the Philadelphia and Miami police departments and served as New York’s No. 2 police official, said he doesn’t believe police departments should be putting more guns into the market.

“I just think it’s unseemly for police departments to be selling guns that later turn up,” he said, recalling that he had once been offered the chance to sell guns to raise money for the police budget.

“Obviously, we always need the money but I just said, `No, we will take the loss and get rid of the guns’,” said the former police chief, who now works for Andrews International, a security consulting firm.

A spokeswoman for the Memphis police said gun swaps are a way to save taxpayer money.

One of the weapons in the Pentagon attack was seized by Memphis police in 2005 and later traded to a gun dealer; the gun used in the Jan. 4 courthouse shooting in Las Vegas as sold by a judge’s order and the proceeds given to the Memphis-area sheriff’s office. Neither weapon was sold by the Memphis law enforcement agencies directly to the men who later used them to shoot officers.

In both cases, the weapons first went to licensed gun dealers, but later came into the hands of men who were legally barred from possessing them: one a convicted felon; the other mentally ill.

The history of the two guns in the recent attacks was described by officials from multiple law enforcement agencies on condition of anonymity because they were not authorized to discuss details of the investigations. The Bureau of Alcohol, Tobacco, Firearms and Explosives provided reports on the gun traces to the investigating agencies, but is barred from publicly disclosing the results.

At the Pentagon, gunman John Patrick Bedell carried two 9 mm handguns, one of them a Ruger.

Law enforcement officials say Bedell, a man with a history of severe psychiatric problems, had been sent a letter by California authorities Jan. 10 telling him he was prohibited from buying a gun because of his mental history.

Nineteen days later, the officials say, Bedell bought the Ruger at a gun show in Las Vegas. Such a sale by a private individual does not require the kind of background check that would have stopped Bedell’s purchase.

Mike Campbell, an ATF spokesman in Washington, would not confirm the details. He would only say Bedell “appears to have purchased the gun from a private seller.”

The gun already had changed hands among gun dealers in Georgia and Pennsylvania by the time Bedell bought it. Officer Karen Rudolph, a Memphis police spokeswoman, said her department traded the weapon to a dealer in 2008 for a different gun that was better for police work.

The Ruger had sat in Memphis police storage for years at that point, after being confiscated from a convicted felon at a 2005 traffic stop.

The trail of the gun used at the Las Vegas federal courthouse is older and harder to pin down. Johnny Lee Wicks, an elderly man enraged over cuts to his Social Security benefits, opened fire with the shotgun at the security entrance to the courthouse. He killed one officer, Stanley Cooper, and wounded another.

Wicks, like Bedell at the Pentagon, was killed by officers’ return fire.

Before that courthouse attack, what records exist suggest officers in Memphis confiscated that gun in 1998.

A judge in Memphis ordered the sale of the shotgun as part of a criminal case, and the proceeds of that sale went to the Shelby County Sheriff’s Office, confirmed sheriff’s spokesman Steve Shular.

He said the gun dealer who bought it later sold the weapon to a dealer in Nevada. It is not clear how Wicks got the shotgun.

Rich Wyatt, a former police chief in Alma, Colo., who now operates a gun store — and who has bought weapons from police agencies — defended the practice of police selling guns.

“Maybe if they put the money they made selling the guns into training those officers better, they’d be better off,” said Wyatt. “Nobody ever, ever questions selling a car that was used in a crime. I am sad that officers were shot, but I don’t care where the guns came from. To say we need to chase guns is not the issue, we need to chase people.”


Social Security to Start Cashing Uncle Sam’s IOUs

March 14th, 2010

Via: AP:

The retirement nest egg of an entire generation is stashed away in this small town along the Ohio River: $2.5 trillion in IOUs from the federal government, payable to the Social Security Administration.

It’s time to start cashing them in.

For more than two decades, Social Security collected more money in payroll taxes than it paid out in benefits — billions more each year.

Not anymore. This year, for the first time since the 1980s, when Congress last overhauled Social Security, the retirement program is projected to pay out more in benefits than it collects in taxes — nearly $29 billion more.

Sounds like a good time to start tapping the nest egg. Too bad the federal government already spent that money over the years on other programs, preferring to borrow from Social Security rather than foreign creditors. In return, the Treasury Department issued a stack of IOUs — in the form of Treasury bonds — which are kept in a nondescript office building just down the street from Parkersburg’s municipal offices.

Now the government will have to borrow even more money, much of it abroad, to start paying back the IOUs, and the timing couldn’t be worse. The government is projected to post a record $1.5 trillion budget deficit this year, followed by trillion dollar deficits for years to come.

Social Security’s shortfall will not affect current benefits. As long as the IOUs last, benefits will keep flowing. But experts say it is a warning sign that the program’s finances are deteriorating. Social Security is projected to drain its trust funds by 2037 unless Congress acts, and there’s concern that the looming crisis will lead to reduced benefits.

“This is not just a wake-up call, this is it. We’re here,” said Mary Johnson, a policy analyst with The Senior Citizens League, an advocacy group. “We are not going to be able to put it off any more.”


IRS Visits Sacramento Carwash in Pursuit of Four Cents

March 14th, 2010

Via: Sacramento Bee:

It was every businessperson’s nightmare.

Arriving at Harv’s Metro Car Wash in midtown Wednesday afternoon were two dark-suited IRS agents demanding payment of delinquent taxes. “They were deadly serious, very aggressive, very condescending,” says Harv’s owner, Aaron Zeff.

The really odd part of this: The letter that was hand-delivered to Zeff’s on-site manager showed the amount of money owed to the feds was … 4 cents.

Inexplicably, penalties and taxes accruing on the debt – stemming from the 2006 tax year – were listed as $202.31, leaving Harv’s with an obligation of $202.35.

Zeff, who also owns local parking lots and is the president of the Midtown Business Association, finds the situation a bit comical.

“It’s hilarious,” he says, “that two people hopped in a car and came down here for just 4 cents. I think (the IRS) may have a problem with priorities.”

Now he’s trying to figure out how penalties and interest could climb so high on such a small debt. He says he’s never been told he owes any taxes or that he’s ever incurred any late-payment penalties in the four years he’s owned Harv’s.

In fact, he provided us with an Oct. 22, 2009, letter from the IRS that states Harv’s “has filed all required returns and addressed any balances due.”

IRS spokesman Jesse Weller isn’t commenting “due to privacy and disclosure laws.”

Zeff says he’s as offended as much as anything else by what he considers rude behavior by the IRS guys. While at Harv’s, he sniffs, “they didn’t even get a car wash.”


China Warns Google to Comply with Censorship Laws

March 13th, 2010

Via: BBC:

China’s top internet official has warned that Google will “pay the consequences” if it continues to go against Chinese law.

Google announced in January that it would no longer comply with China’s internet censorship laws.

It warned that it may shut down google.cn because of censorship and a hacking attack on the portal.

Minister of Industry and Information Technology Li Yizhong was speaking at China’s annual legislation session.

“We need to preserve our nation’s interest, our people’s interest, we cannot be relaxed with any information that will cause harm to the stability of our society, to our system, and to the health of our under-age young people,” he said.

“So, of course, what needs to be shut down will be shut down, what needs to be blocked will be blocked.”

‘Up to them’

Google began operations in China in 2006 to widespread criticism. While many argued Google was complicit in the censorship imposed by Chinese government, Google insisted it was nevertheless serving the public interest even though it was furnishing censored results.

Relations between China and Google cooled in January after what Google described as a sophisticated cyber attack in which the webmail accounts of Chinese human rights activists were targeted.

Since then, the firm has been in talks with Chinese officials about how to provide an unfiltered service but still remain within the law. Google chief executive Eric Schmidt said this week that he hoped the results of those consultations would be revealed soon.

Mr Li said that whether the firm quits China or not is “up to them”, saying the internet would flourish in China regardless.

“I hope that Google will abide and respect the Chinese government’s laws and regulations,” he said.

“But, if you betray Chinese laws and regulations… it means that you are unfriendly, irresponsible, and you will have to pay the consequences.”

Google is a distant second in search engine stakes in China, holding less than a third of the market; rival Baidu has about 60%.


Cryptogon Reader Signs Up for Hosting with BlueHost

March 13th, 2010

Thanks to the owner of gogreenenergyblog.com for signing up for hosting with BlueHost. Cryptogon received $90.


Pope Had Role in Moving Molesting Priest, Who Then Continued to Molest Children

March 13th, 2010

From the Pope on down, through the Vatican and therefore through the lower echelons, the whole organisation, in my belief, is utterly anti-Christian and evil, as proven by centuries of torture, bloodshed, burnings, terrorism, and coverings-up of “the worst crime” known to man.

And if Jesus Christ is to be seen in the vulnerable of this world, then all the church has done is crucify the man over and over and over again.

If Christ was here, he would be burning down the Vatican. And I for one would be helping him.

Sinead O’Connor, I’d help Jesus to burn down the Vatican

Alternative headline: By Its Own Admission, the Catholic Church is a Clear and Present Danger to Children.

Via: Bloomberg:

Pope Benedict XVI, during his tenure as archbishop of Munich, played a role in a decision to move a priest accused of sexual molestation to his diocese to undergo therapy, the church said today.

The priest was later reassigned by another church official and committed more abuse, the Archdiocese of Munich and Freising said in a statement on its Web site. Benedict, at the time Archbishop Joseph Ratzinger, “was involved” in a 1980 decision to move the priest, identified only as “H.,” from a church in Essen, Germany, to a rectory in the Munich region for treatment, the diocese said.

A former vicar-general in the church administration, Gerhard Gruber, subsequently allowed the accused priest to continue pastoral duties, during which he committed abuse and was convicted by a court in 1986. Gruber said in the statement that the decision to re-post “H.” was his alone.

“The repeated employment of ‘H.’ in pastoral duties was a serious mistake,” Gruber said. “I take full responsibility for this and I deeply regret that this decision led to offenses against youths — I apologize to all those who were harmed by this.”

A wave of allegations of sexual abuse by Catholic priests has emerged in Germany this year, beginning at an elite Jesuit high school in Berlin, Canisius-Kolleg. The head of the German Bishops’ Conference, Archbishop Robert Zollitsch, last month issued an apology to more than 100 pedophilia victims, echoing Benedict’s statement that such abuse is a “heinous crime.”


The EverBank Gold Story

March 13th, 2010

WARNING: This is not a recommendation to buy, sell or hold any financial instrument.

Disclosure: I have no relationship with EverBank.

Dozens of blogs are reporting that EverBank has changed the terms and conditions with regard to their Non-FDIC Insured Metals Select product.

The typical way that stories like this work is that one goldbug uses another goldbug as a source and on it goes. I decided to authoritatively verify this one before running it on Cryptogon. I went over to EverBank to read their terms and conditions.

The changes, cited on dozens of sites, weren’t present on EverBank’s site.

I sent an email to EverBank:

Hello,

I am a blogger and I am trying to verify recent changes that were
supposedly made to the terms related to your Non-FDIC Insured Metals
Select product.

Several sites are reporting that the following changes were made:

“Non-FDIC Insured Metals Select Changes” -
Section 6.3.7. General Terms: We have added language clarifying our
right to close your account. We may close your Metals Select Account at
anytime upon reasonable notice to you. If we believe that it is ncessary
to close your account immediately in order to limit losses by you or us,
we may close your account prior to providing notice to you. Notice from
us to one of you is notice to all of you. If we close your account, we
reserve the right to convert your Precious Metals to U.S. dollars and
tender the balance to you by mail.

I do not see this language in your terms sheet:

http://www.everbank.com/000Terms.aspx

Is the language above actually EverBank policy?

Thank you,
Kevin Flaherty

cryptogon.com

In about an hour, I received this response from EverBank. I have added emphasis in bold:

Yes, the change was made to our Terms and Conditions, but we have since
pulled this language from our T&Cs
. I appreciate you doing some
research on this issue. Several bloggers seem to have picked up this
story and ran with it, never even asking about the language. The
following is the response our President, Frank Trotter has been sending
out in response to these blogs and newsletters:

“We have noticed some blog and newsletter comments concerning the new
Terms and Conditions for our EverBank Metals Select accounts. As part of
our periodic review of these contracts we recently standardized and
consolidated the Terms and Conditions for all EverBank accounts and
products. In connection with this process, we have included the new
language in Section 6.3.7.3 of the Terms and Conditions that has been
quoted in some commentary.

This language was not intended to allow EverBank to close your Metals
Account arbitrarily or without good reason. This technical contract
language was added to clarify EverBank’s rights in the event that
unforeseen circumstances necessitated a change in EverBank’s ability to
act as custodian for precious metals purchased by you through EverBank.
Given the concerns that have been posted and the fact that we do not
foresee any likely circumstance that would affect our ability to
continue to serve as custodian for your precious metals, we are in the
process of deleting Section 6.3.7.3 from the EverBank Terms and
Conditions in its entirety and notifying customers.

As a reminder you can request that metals held in any EverBank Metals
Select account be shipped to you (in the case of allocated accounts) or
converted to a specific physical form and shipped to you (in the case of
non-IRA pooled accounts) at any time.

I hope that this clarifies the matter and invite those with further
questions to contact the World Markets desk directly.

Thank you -

Frank Trotter, President, EverBank Direct”

Please don’t hesitate to contact me with any additional questions.
Again, I appreciate you doing the legwork to verify the information.

Thanks,

Chris Gaffney, CFA
Vice President


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