-Caveat Lector- RadTimes # 110 November, 2000 An informally produced compendium of vital irregularities. "We're living in rad times!" ----------------------------------------------------------------------------------------------------------- Contents: --------------- --UN Focuses On Turmoil In Amerikistan [satire?] --No matter who wins, the president will be a bastard --What Did the Nader Campaign Accomplish? --Voter News Service under scrutiny --New documents shed more light on FBI's "Carnivore" Linked stories: *Calif. Initiative Could Overwhelm State Treatment Programs *Ontario to Drug Test Welfare Recipients *Researchers Develop Way to ID Coke Origin *Court halts US election result *Carnivore Can Read Everything ----------------------------------------------------------------------------------------------------------- Begin stories: ----------------------------------------------------------------------------------------------------------- UN Focuses On Turmoil In Amerikistan After two decades in which social and financial inequalities widened amidst unsustainable speculative development, the country of Amerikistan held presidential elections this week. The two leading candidates were both drawn from a tiny elite, both spent vast sums on propaganda, and both have claimed victory. Experts on Amerikistan recall the history of violent revolution, civil war and more recent political violence and assassinations, resignations, impeachments, sexual scandals and corruption in this emergent republic, and recommend that the UN supervise its elections until the country stabilizes. "It is struggling to emerge from years of political polarization and turmoil" said a World Trade Organization spokesperson, "and its long-suffering people deserve our support." "One side of the country declared results before voting had finished in another part" he explained. Moreover, he went on to spell out that the southern province of 'Floridia,' in which the leadership struggle is being fought, is run by the brother of one of the candidates, whose father had previously ruled the entire country, having risen through his control of the nation's intelligence/security apparatus. Their family is based in a part of the country in which secessionist feelings have long run strong and which was only incorporated into Amerikistan after a border war. Experts on Amerikistan argue that the UN should go in to run education programs, disarm the population, relieve the malnutrition and environmental problems caused by adherence to a staple diet of cheese and burgers, democratize the police forces and above all halt the further development of war machinery. "This country has used dangerous weapons in the past and often threatened to do so again. But with our help, modernization, and a stress on human development, it may have a more stable future and join the ranks of the civilized international community" he said. ----------------------------------------------------------------------------------------------------------- No matter who wins, the president will be a bastard by Terry J. Allen The campaign was a minuet performed by robots; the post_election period is a bacchanal. What a relief. It's just too bad one of these mediocre men has to win. But the good news is that the victor will be perceived by much of the population as illegitimate. And that is not only as it should be, but how it would have been, even without the post-election crisis. Bush and Gore's campaigns were full of sound and lack of fury, signifying nothing but focus group pandering and the power of cash; the process by which they were chosen had little to do with the "will of the people"; and the platforms on which they ran were as calculated and artificial as plastic topiary. The system has long been in thrall to the big money that sponsors and choreographs the electoral show. This time however, the process spun out of control at a crucial moment. Suddenly millions at home, and abroad where America has flogged its system as a flawless model, see that the way "the world's greatest democracy" chooses leaders is slightly more democratic than a dog fight. With all the rubbernecking magnetism of a 10-car pile up, "The Battle for the White House," as MSNBC packages its coverage, is not only good dirty fun, it is, actually, good for the country, especially compared with the inevitable denouement: installing either of these corrupted ciphers in the oval office. In fact, the longer the crisis continues, the better it is. That the US electoral system is flawed and unfair should hardly be news, but suddenly it is. Sounding sillier than a Dan Rather simile, the candidates and their defense dogs have couched each self-serving maneuver as a commitment to serve the "will of the public" and as a pledge to do what is "best for the country." Is there anyone within retching distance of a TV who has failed to notice that the good of the country meshes precisely with the strategic needs of each candidate? To call them hypocrites does disservice to true hypocrites everywhere. At least hypocrites have principles to betray. Bush and Gore are simply self_serving opportunists. Bush instantly abandoned his keystone "trust in the people" and switched his faith to machines and K-Street lawyers. His argument about the accuracy of hand counting has more holes than a West Palm Beach ballot. It also directly contradicts policies he implemented as governor. Grabbing presidential trappings, even before the votes were counted, he began compiling a transition team, meeting with advisers, calling his wife "First Lady Bush." Gore, authentic as the Valium-calm he projects, veils his raw ambition with the desire--discovered midway through the campaign--to "fight for the people." Donning a Kennedyesque mantle, he frolicked gawkily at touch football while his surrogates intoned against a "rush to judgement"--a phrase laden with the seductive scent of JFK-done-wrong, spiced with the provocative undertone of conspiracy. Meanwhile, dueling gurus of gravitas, including two second-rate ex-secretaries of state, fertilize bouquets of network microphones with talking points. The only thing missing from this farce is the vision of Dukakis, helmet plopped on head, in the lead tank of what the Wall Street Journal toyed with calling a coup. The spectacle is a political junkie's OJ trial, with the verdict hinging on a mountain of law suits, a molehill of ballots, and a PR war based on who can invoke, more piously and more often, "the good of the country." But buried in the post-vote wreckage lies a body of home truths: The Electoral College is a fundamentally elitist institution, designed from the get-go to deprive the rabble of direct control. Despite the tight races, we learned in graphic (projected round-the-clock on our TV screens) detail that every vote does not count, since every vote is not counted. Election results are inaccurate, subject to bias, and amenable to fraud. The number of people disenfranchised by spoiled, unclear, or unreadable ballots is new only in its uncharacteristic newsworthiness. Courts and public oversight bodies are often as partisan as the politicians to who they are beholden. And the very importance placed this year on absentee ballots, including those in the Armed Forces, illustrates how little importance was placed on them in the past. Far more disturbing are reports that significant numbers of people were disenfranchised because of race, arrest records and official harassment. Throughout, the media chorus has been singing one-part harmony, from wrong calls on election night, to the interchangeable parade of experts describing the country as deeply divided, "deeply" being somehow equated with "evenly." In fact, the majority of Americans were united throughout the dreary election cycle by a lack of enthusiasm for either candidate. On election day, the half of the population that chose not to vote expressed its wishes at least as clearly as the half that did. When the results are finalized, the lesson the pundits and politicians will inevitably and absurdly tout is that, despite the need for a few technical fixes, the system worked. A more sane conclusion would be that it didn't and that we need to scrap the Electoral College, publicly finance campaigns, give free air time to all candidates and disenfranchise corporations. This election is one of those watershed events such as Watergate and the Vietnam War that erode public faith in the fantasy that politicians are public servants and government serves the people. Despite the vigorous spindoctoring by media and politicians, most people will come away from the 2000 election convinced that the president is illegitimate. Some will understand that what is anomalous about this year is the obviousness rather than the fact of that illegitimacy. It remains to be seen whether that recognition will engender cynicism or skepticism, apathy or activism, scapegoating or radical reform. ----------------------------------------------------------------------------------------------------------- What Did the Nader Campaign Accomplish? The Observer (UK) November 12, 2000 By Christopher Hitchens Here are some reasons to be glad that Ralph Nader put himself forward for the presidency: 1. He broke America's dirtiest and least-known secret, which is that the high-sounding "Electoral College" system is designed to keep the rabble from picking the President. 2. He broke America's second-dirtiest and best-known secret, which is that the voting process in many states - especially the state of Carl Hiassen - is tainted by corruption and manipulation. 3. He exposed the pretensions of the two major party machines, both of which covertly agree on these "rules" as long as they can share the spoils. 4. He showed it is still possible to run an intelligent and articulate campaign, using free and informal rather than paid media, while refusing any donation of more than $1,000 in a year when $3 billion, in so-called "soft" but actually illegal money, was raised and spent by the two presumptive and dynastic nominees. 5. He made a fool of the commercial media networks, all of which take the aforementioned money in advertising revenue and all of which not only misrepresented the issues in the race but messed up the one thing they are supposed to get "right" - the foreordained and poll-driven result. These, and some other things I"ll mention in a moment, make Nader the most successful and necessary American radical for decades. Yet all you hear from Al Gore's outriders and dummy- ventriloquists is that he "spoilt" things for their man. This is a ridiculous noise, compounded of self-pity and a "spoilt" sense of entitlement. Here are some obvious correctives to it: 1. In a year when the Democrats campaigned against an unpopular Republican Congress, they failed to retake either the Senate or the House. (And, in the most salient seats they did hold or take, they relied on a dead man on the ballot and on a man who spent a record $60 million of his own personal fortune.) The Green Party was not running for Congress. But if it had been, the Democrats would still have blamed Nader rather than themselves for the defeat. 2. Gore lost several key states (including his own home state of Tennessee where the Nader vote was negligible) by several other "margins". These include: (a) The almost 100 million Americans he could not get to vote for him. (b) The number of people who are disenfranchised because of non-violent narcotics convictions (estimated in Florida and elsewhere to number 13 per cent of the adult black male population, alone). (c) The number of people who voted for Pat Buchanan's ill-named Reform Party. Gore could not motivate the first group. He loudly approves of the "War on Drugs" that incarcerates and then disenfranchises the second. And nobody - certainly no Republican - ever said Buchanan had no business running on his own programme. It is only in liberal circles that one hears party pluralism denounced as something akin to treason or sabotage. The Veep's hacks ignore all the above factors and blame the crisis on those voters who decided to think for themselves (to vote for Nader, for example, because he is the only candidate who favours decriminalising marijuana and abolishing capital punishment). A few months ago there was a convention of American political scientists in my home town of Washington. They unveiled a new "model" of the American electoral mindset, and announced confidently that in a year like this the Vice President could not be beaten. No Republican challenger, they said, could hope to prevail at a time of huge prosperity at home and peace overseas. I thought this might be too complacent, but not by that much. And still Gore managed to blow it, and to make himself vulnerable to one of the most mediocre candidates in US history. He cannot whine about this; not after failing in Tennessee. Yet in the tones of his partisans one can hear an aggrieved intolerance. On election night at a party thrown by Miramax, some were overheard by the Washington Post to say they would like to "kill", not Bush or Buchanan, but Ralph Nader. The newly anointed Senatorial First Lady, in whose honour the party was thrown, echoed the thought. I have heard the same thing, in the same words, all over the airwaves and on my email, from clapped-out liberal journos and those who hoped for a job from Gore. These types ornamented the top-dollar "fundraising" events and "meet'n'greet" soirees with Hollywood's deep thinkers; their annoyance is music to my ears. They thought they had bought a share in "the process" and found the share (and much of the process) was worthless. High time. Take one example. For eight years Gore abased himself for Clinton and uttered abject defences he knew to be untrue. Then on two occasions in the campaign, he announced he was suddenly "distanced" from all that and had miraculously become "my own man". Well, it's one thing to say it, big boy, and another thing to be it. Exit polls, most notably in Florida, discovered a huge number of voters who were disgusted by Clinton and Clintonism. These people have a right to vote, too. And what does Gore tell them? "Didn't you hear me? I distinctly said I was 'distanced'." Come on. This would not be the only time this terrible candidate mistook his own spin for reality. After the Los Angeles convention he abruptly announced he was a foe of fat cats and big corporations and a friend of the "people" and the little guy. But the logos and the donations of corporate America were displayed all over the convention and paid for his campaign. Who did he imagine he was fooling? As with his excruciating performance in the three public "debates", it was enough to irritate the Republicans, but it was also enough to make people in the centre feel embarrassed and people on the left feel sick. And after this, to pose as if it's simply your turn to be President. The achievement of Nader, however, is far more than the exposure of this phoney politics. From now on two crucial matters will be established in the American mind. First, the Electoral College system must be reformed or abolished to give expression to the popular vote. This will also compel a reconsideration of the small state/swing state tyranny, whereby small and rural states outvote large, populous, urban and multi-ethnic ones. That is several decades overdue. Second, the issue of ballot-rigging and voter fraud, almost undiscussed since Kennedy's crimes in 1960, is now unavoidable. The next election will have to be "transparent". Neither major party would have mentioned either of these things if the vote had fallen "their" way, or either of their ways. Again, Nader was the only man running who dared say the process itself was undemocratic. Now US citizens can begin to catch up with Mexico and Serbia by insisting on an open election instead of a pre-arranged and money-driven plebiscite. While the Florida factor remains in play, let us recall two things the Gore ticket did to try to take this bizarre state. Earlier this year the US courts ruled that young Elian Gonzalez, survivor of a shipwreck that drowned his mother, should be returned to his father's custody in Cuba. Some Cuban exile extremists then in effect kidnapped him, and the mayor of Miami announced in a crowd-pleasing way he would not comply with the court order. It was the most flagrant assertion of "states' rights" against the federal government since the days of segregation. Gore's contribution, as a senior member of that federal government, was to announce he sympathised with the kidnappers. This gross irresponsibility and pandering was repeated last month when Senator Joseph Lieberman paid a visit to Miami, announced that a Gore administration would never open diplomatic relations with Cuba, and laid a wreath on the grave of Jorge Mas Canosa, a leading Miami Cuban mobster. This put him and the Vice President in a position well to the right of the last Bush administration. But more important, it showed they are small-timers, cheap ward- heelers and unscrupulous opportunists. There was a remark much-repeated at the beginning of this dismal campaign, when it became evident the large donors had already determined on the two nominees. "If only," people said "they could both lose." This wry comment was heard through the attenuated primaries, the fixed conventions and the scripted "debates". Well, now they both have lost. And they are both looking, and acting, like the peevish third-raters they are. Confronted by two such pygmies it would be overstating matters to call Nader a giant-slayer. But the system for all its faults does allow for insurgent candidates to make a difference and one should be grateful rather than irritable that, in this respect at least, the system worked. ---- Christopher Hitchens is a columnist for "Vanity Fair" and "The Nation". His latest book, "No One Left to Lie To: The Values of the Worst Family" is published in paperback by Verso. ----------------------------------------------------------------------------------------------------------- Voter News Service under scrutiny <http://www.nandotimes.com/noframes/story/0%2C2107%2C500280689-500440760-502836932-0,00.html> November 17, 2000 By DAVID BAUDER, Associated Press NEW YORK - Voter News Service, formed to help television networks quickly report and explain election results, now stands at the center of one of television's most embarrassing moments in years. The little-known company that provides news organizations with exit poll information and election returns is being scrutinized after the networks' double-barreled mistake in the presidential race: prematurely declaring Al Gore the winner in Florida and then George W. Bush several hours later. More than a week later, the real results are still in doubt. Fox News Channel founder and CEO Roger Ailes already has said he wants to replace the consortium set up by ABC, CBS, CNN, Fox, NBC and The Associated Press with more than one service. "As far as I'm concerned," CBS anchor Dan Rather said to radio commentator Don Imus about VNS, "we have to knock it down to absolute ground zero, plow it under with salt, put a barbed-wire fence around it, quarantine it for a few years and start off with something new." VNS projected Florida for Gore early on election night, and all six of its media members did, too. VNS did not call the race for Bush; five of its six members did, some citing numbers provided by VNS. The AP never called the race for Bush. VNS has issued two public statements but would not make its executives available for comment. "There's a congressional investigation, there's a lawsuit pending," said VNS editorial director Murray Edelman. "It's a pretty inflamed subject right now," he said, and VNS doesn't want to "pour any more kerosene on it." VNS traces its roots to the mid-1960s, when the News Election Service was formed to help the networks, AP and United Press International conduct vote tallies. Voter Research & Surveys was created in 1990 for the TV networks to share the costs of exit polling and projections. AP and UPI were not involved in VRS. The two services merged as VNS in 1993. Based in New York, it has about 30 permanent employees. On Election Day, VNS, using temporary workers in every state, conducted exit polls in about 1,400 precincts, transmitting findings to its members in waves that afternoon and evening. Voters were asked, for example, who they selected for president and what issues mattered most in their decision. When actual votes began coming in, VNS checked results in more than 3,500 precincts scientifically selected to predict final results. Forty-five of those exit poll locations and 110 sample precincts were in Florida, and the first word from them pointed in the direction of a Gore victory. Exit poll information alone showed Gore in the lead by 6.5 percentage points. The first voting results indicated the Gore exit poll lead might even have been understated, said Warren Mitofsky, a polling expert who founded Voter Research & Surveys and consulted with CNN and CBS on election night. At 7:52 p.m., VNS declared Gore the winner in Florida. At the time, VNS was relying on exit poll information from 38 of its precincts and actual votes from 12 locations. Sheldon Gawiser, NBC's director of elections, said the data indicated there was a one in 1,000 chance that Gore wouldn't win. "All of the evidence was pointing toward a Gore call - all of it," agreed Kathleen Frankovic, director of surveys at CBS. None of the news organizations that use VNS make calls strictly through what it says; all have their own systems that take into account such factors as past voting histories in states. Frankovic and Gawiser are in charge at their networks, Carolyn Smith and Tom Hannon at CNN. John Ellis - Bush's first cousin - was the election team director at Fox News Channel, although the network said executive John Moody made the final calls. The AP's system involves election analysts and state bureau chiefs. The call for Gore was unanimous among the networks and the AP. "The exit poll gave Gore a small lead but no member nor VNS thought that it was enough to call the race with confidence," VNS said in a statement. "However, when reports of actual vote from sample or model precincts came in, they supported the survey results and allowed the race to be called." By around 9 p.m., additional returns were making some analysts nervous and Bush himself was questioning the call. CNN put Florida in the undecided category at 9:50 p.m. and others followed suit. VNS retracted its Gore projection at 10:13 p.m. Some VNS members have theorized that the company underestimated the number of Bush votes coming in through absentee ballots or that the sample precincts were poorly chosen. "The sample as a whole is too Democratic and we need to find out what that means," Gawiser said. Although VNS said in a statement that the sampling precinct models "have served us well through many elections," the company said it will investigate why they didn't work this time. By the time midnight passed and it became evident that Florida would likely decide the next president, exit poll information was replaced by actual results in the data VNS sent by computer to its members. Fox News Channel was the first to declare Bush the victor in Florida at 2:16 a.m. ABC, CBS, NBC and CNN had all done so by 2:20. The AP, relying on analysis that showed significant votes were still unreported from heavily Democratic counties, never made that call. Neither did VNS. But networks said they used information provided by VNS in making the premature determination that Bush had won. The experts said VNS's computer tabulations were flashing numbers that made a Gore victory seem virtually impossible. Gawiser said they showed Bush with a 55,000 vote lead with only 102,000 votes left to be counted. Both those numbers proved to be wrong. Shortly after the networks called the race, word came in that because of a computer glitch in Volusia County, Bush's lead had been overestimated by nearly 25,000 votes. The projection of the total uncounted vote also proved to be too low. Frankovic and Mitofsky say they're not sure what happened, if VNS should be held accountable for passing along bad information or if county officials reported bad numbers used by the service. "I think it's probably a rush to judgment to blame VNS immediately," Frankovic said. VNS said the Bush call was made "solely on the basis of the tabulated vote indicating that Bush appeared to have a sufficient lead to say with confidence that he had won. As the remaining votes were tabulated, that lead dropped dramatically and the members felt that even though Bush was still ahead, the responsible thing to do was to withdraw the call." Network representatives have stressed that they made their own independent judgments to declare Florida for Bush, even though five of them made the same call within five minutes of each other. "Obviously, when you have competition, you can always assume there is more urgency to do something," Mitofsky said. ----------------------------------------------------------------------------------------------------------- New documents shed more light on FBI's "Carnivore" <http://news.cnet.com/news/0-1005-200-3731884.html?tag=st.ne.1002.thed.ni> By Rachel Konrad November 16, 2000 The FBI released additional documents about its controversial Carnivore technology Thursday, and critics immediately lambasted it as proof that the email-tapping program is more powerful and invasive than the government has disclosed. The Electronic Privacy Information Center (EPIC), which sued the FBI for the information through the Freedom of Information Act (FOIA), said the batch of paperwork indicates that Carnivore can capture and archive "unfiltered" Internet traffic--contrary to FBI assertions. "The little information that has become public raises serious questions about the privacy implications of this technology," EPIC general counsel David Sobel said in a statement. "The American public cannot be expected to accept an Internet snooping system that is veiled in secrecy." Among the information included in the documents was a sentence stating that the PC that is used to sift through email "could reliably capture and archive all unfiltered traffic to the internal hard drive." The FBI document was dated June 5 and contained scores of deleted words and phrases. EPIC did not offer additional details about the source or the purpose of this particular document. The FBI has defended the surveillance system, assuring the public that it only captures email and other online information authorized for seizure in a court order. According to testimony before the Senate Judiciary Committee by FBI Assistant Director Donald M. Kerr, Carnivore uses a software filter to minimize the amount of data the government can collect. An independent team from the Illinois Institute of Technology is due to file a draft "technical report" on the Carnivore system with the Justice Department on Friday. The Carnivore system, which is installed at Internet service providers, captures "packets" of Internet traffic as they travel through ISP networks. The program sifts through millions of mail messages, presumably searching for notes sent by people under investigation. Carnivore was conceived under the name "Omnivore" in February 1997. It was proposed originally for a Solaris X86 computer. Omnivore was replaced by Carnivore running on a Windows NT-based computer in June 1999. While a useful tool for monitoring specific individuals, the program has caused an uproar in Congress and among privacy advocates who fear the FBI's ability to retrieve email belonging to people who are not under investigation. Senate Judiciary Committee Chairman Orrin Hatch, R-Utah, and Sen. Patrick Leahy, D-Vt., are among the elected officials who have publicly criticized the program and called for an independent investigation. In late September, the House Judiciary Committee approved in a 20-1 vote a bill by Rep. Charles Canady, R-Fla., that would severely restrict the FBI's operation of Carnivore. The bill would give email the same protection awarded to voice conversations under federal wiretap law. EPIC is one of Carnivore's staunchest foes. In October, the organization complained that the FBI's release of 565 pages of Carnivore documents contained little relevant information. In particular, EPIC bitterly decried the FBI's refusal to publish source code to the Carnivore system. EPIC's FOIA request seeks the public release of all FBI records concerning Carnivore, including the source code, other technical details and legal analyses addressing the potential privacy implications of the technology. At an emergency hearing Aug. 2, U.S. District Judge James Robertson ordered the FBI to report back to the court by Aug. 16 and to identify the amount of material at issue and the Bureau's schedule for releasing it. The FBI subsequently reported that 3,000 pages of material were located, but it refused to commit to a delivery date. The batch of documents released Thursday represents the second installment, and the FBI is required to release additional files at regular intervals until all 3,000 pages have been delivered to EPIC. ----------------------------------------------------------------------------------------------------------- Linked stories: ******************** Calif. Initiative Could Overwhelm State Treatment Programs <http://www.jointogether.org/jtodirect.jtml?U=83952&O=265119> California officials said that transferring drug arrestees from jail to treatment under Proposition 36 could overwhelm the state's already strained addiction-treatment programs. ******************** Ontario to Drug Test Welfare Recipients <http://www.jointogether.org/jtodirect.jtml?U=83952&O=265118> Ontario, Canada, plans to start requiring welfare recipients to undergo drug testing before giving them welfare checks. ******************** Researchers Develop Way to ID Coke Origin <http://www.jointogether.org/jtodirect.jtml?U=83952&O=265120> U.S. researchers have developed an accurate method of tracing cocaine back to its country of origin. ******************** Court halts US election result <http://itn.co.uk/news/20001118/world/01election.shtml> America's presidential election has been put on hold until a court hearing on Monday. A judge at Florida's highest court has ruled the result in the state cannot be declared until complaints from both Democrats and Republicans have been heard. ******************** Carnivore Can Read Everything <http://www.wired.com/news/politics/0,1283,40256,00.html?tw=wn20001118> Newly released documents indicate that the FBI's controversial e-mail surveillance tool can retrieve all communications that go through an Internet service, far more than the Feds said it does. ******************** ===================================================== "Anarchy doesn't mean out of control. It means out of 'their' control." -Jim Dodge ====================================================== "Communications without intelligence is noise; intelligence without communications is irrelevant." -Gen. Alfred. M. Gray, USMC ====================================================== "It is not a sign of good health to be well adjusted to a sick society." -J. 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