September, 02 2008, 03:10pm EDT
Ameritrade Lawsuit Settlement Fails to Shed Light on Massive Security Breach, Public Citizen Says
Federal Court Should Reject Settlement, Order Firm to Reveal Details of Computer Data Theft
WASHINGTON
Public Citizen has urged a federal judge to reject a lawsuit
settlement between TD Ameritrade and as many as six million of its
clients, saying the deal does little to address a security breach that
allowed hackers access to customers' Social Security numbers, birth
dates, account numbers and e-mail addresses.
Public Citizen filed the brief Friday afternoon in the U.S. District
Court for the Northern District of California on behalf of its client,
Matthew Elvey, an Ameritrade customer and lead plaintiff in the class
action suit against the Internet stock-trading company.
Elvey, a San Francisco Bay area computer consultant, learned of the
security breach when he started receiving spam at an e-mail address he
used exclusively with his Ameritrade account. When he informed
Ameritrade of the problem in November 2006, the company responded via
e-mail that it was "conducting a thorough investigation into this
matter." What the company didn't tell him was that it had been
receiving similar complaints from other clients for more than a year.
Elvey opposes the settlement reached by the law firm handling the
class-action case on behalf of Ameritrade customers. The proposed
settlement requires Ameritrade to provide its clients with a one-year
subscription to anti-spam software but does little else to acknowledge
the security breach or to respond to customers who had been complaining
for almost two years that their private account information was being
stolen from the company.
The deal does not require Ameritrade to implement any new security
practices or even reveal the extent of the breach and what, if
anything, the company has done to fix the problem. To date, Ameritrade
has acknowledged only that its clients' e-mail addresses were
compromised, while saying only that there is "no evidence" that any
other information was taken.
"It's absurd to think that hackers would steal e-mail addresses from
Ameritrade's data base, while ignoring more prized information, such as
Social Security numbers and birth dates," said Greg Beck, a Public
Citizen lawyer working on the case. "The only people who benefit from
this settlement are the plaintiffs' lawyers - who will receive $1.8
million in fees - and Ameritrade officials who would rather pretend
this security breach never happened."
At about the time that the breach came to light, Elvey's Social
Security number was used in a fraudulent transaction. Elvey wants the
judge to reject the settlement and thus keep up the pressure on
Ameritrade to make information about the breach available to the
public, including how it happened and what information was taken. A
deposition of Ameritrade's security chief has not been made part of the
public record. Without access to this information, Elvey and other
Ameritrade clients cannot assess the merits of the proposed settlement,
Beck said.
"The least Ameritrade can do is be honest with its clients about
what went wrong and what it has done to fix the problem," said
California attorney Mark A. Chavez, who is representing Elvey with
Public Citizen.
READ the brief.
Public Citizen is a nonprofit consumer advocacy organization that champions the public interest in the halls of power. We defend democracy, resist corporate power and work to ensure that government works for the people - not for big corporations. Founded in 1971, we now have 500,000 members and supporters throughout the country.
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Experts Warn of Toxins in GM Corn Amid US-Mexico Trade Dispute
"The Mexican government is both wise and on solid ground in refusing to allow its people to participate in the experiment that the U.S. government is seeking to impose."
Mar 26, 2024
Friends of the Earth U.S. on Monday released a brief backing Mexico's ban on genetically modified corn for human consumption, which the green group recently submitted to a dispute settlement panel charged with considering the U.S. government's challenge to the policy.
Mexican President Andrés Manuel López Obrador announced plans to phase out the herbicide glyphosate as well as genetically modified (GM) or genetically engineered (GE) corn in 2020. Last year he issued an updated decree making clear the ban does not apply to corn imports for livestock feed and industrial use. Still, the Biden administration objected and, after fruitless formal negotiations, requested the panel under the United States-Mexico-Canada Agreement (USMCA).
"The U.S. government has not presented an 'appropriate' risk assessment to the tribunal as called for in the USMCA dispute because such an assessment has never been done in the U.S. or anywhere in the world," said agricultural economist Charles Benbrook, who wrote the brief with Kendra Klein, director of science at Friends of the Earth U.S.
"The U.S. is, in effect, asking Mexico to trust the completeness and accuracy of the initial GE corn safety assessments carried out 15 to 30 years ago by the companies working to bring GE corn events to market."
The group's 13-page brief lays out health concerns related to GM corn and glyphosate, and the shortcomings of U.S. analyses and policies. It also stresses the stakes of the panel's decision, highlighting that "corn is the caloric backbone of the Mexican food supply, accounting, on average, for 50% of the calories and protein in the Mexican diet."
Blasting the Biden administration's case statement to the panel as "seriously deficient," Klein said Monday that "it lacks basic information about the toxins expressed in contemporary GMO corn varieties and their levels. The U.S. submission also ignores dozens of studies linking the insecticidal toxins and glyphosate residues found in GMO corn to adverse impacts on public health."
The brief explains that "since the commercial introduction of GE corn in 1996 and event-specific approvals in the 1990s and 2000s, dramatic changes have occurred in corn production systems. There has been an approximate four-fold increase in the number of toxins and pesticides applied on the average hectare of contemporary GE industrial corn compared to the early 1990s. Unfortunately, this upward trend is bound to continue, and may accelerate."
The U.S. statement's assurances about risks from Bacillus thuringiensis or vegetative insecticidal protein (Bt/VIP) residues "are not based on data and science," the brief warns.
"The U.S. is, in effect, asking Mexico to trust the completeness and accuracy of the initial GE corn safety assessments carried out 15 to 30 years ago by the companies working to bring GE corn events to market," the document says. "The Mexican government is both wise and on solid ground in refusing to allow its people to participate in the experiment that the U.S. government is seeking to impose on Mexico."
"The absence of any systematic monitoring of human exposure levels to Bt/VIP toxins and herbicides from consumption of corn-based foods is regrettable," the brief adds. "It is also unfortunate that the U.S. government rejected the Mexican proposal to jointly design and carry out a modern battery of studies able to overcome gaps in knowledge regarding GE corn impacts."
"The U.S. government's case against Mexico has no more scientific merit than its sham GMO regulatory regime, and should be rejected by the USMCA dispute resolution panel."
Friends of the Earth isn't the only U.S.-based group formally supporting the Mexican government in the USMCA process. The Center for Food Safety sent a 10-page submission by science director Bill Freese, an expert on biotech regulation, to the panel on March 15. His analysis addresses U.S. regulation of genetically modified organisms (GMO) along with the risks of GM corn and glyphosate.
"GMO regulation in the U.S. was crafted by Monsanto, now owned by Bayer, and is a critical part of our government's promotion of the biotechnology industry," Freese said last week, referring to the company known for the glyphosate-based weedkiller Roundup. "The aim is to quell concerns and promote acceptance of GMOs, domestically and abroad, rather than critically evaluate potential toxicity or allergenicity."
His submission notes that the U.S. Food and Drug Administration "does not require a GE plant developer to do anything prior to marketing its GE crop or food derived from it. Instead, FDA operates what it calls a voluntary consultation program that is designed to enhance consumer confidence and speed GE crops to market."
"When governmental review is optional; and even when it's conducted, starts and ends with the regulated company's safety assurance—what's the point?" Freese asked. "Clearly, it's the PR value of a governmental rubber stamp."
"The Mexican government's prohibition of GM corn for tortillas and other masa corn products is fully justified," he asserted. "The U.S. government's case against Mexico has no more scientific merit than its sham GMO regulatory regime, and should be rejected by the USMCA dispute resolution panel."
In a Common Dreams opinion piece last week, Ernesto Hernández-López, a law professor at Chapman University in California, pointed out that Mexico's recent submission to the panel also "offers scientific proof and lots of it," including "over 150 scientific studies, referred to in peer-review journals, systemic research reviews, and more."
"Mexico incorporates perspectives from toxicology, pediatrics, plant biology, hematology, epidemiology, public health, and data mining, to name a few," he wrote. "This clearly and loudly responds to American persistence. The practical result: American leaders cannot claim there is no science supporting the decree. They may disagree with or dislike the findings, but there is proof."
The Biden administration's effort to quash the Mexican policy notably comes despite the lack of impact on trade. While implementing its ban last year, "Mexico also made its largest corn purchase from the U.S., 15.3 million metric tons," National Geographicreported last month.
Kenneth Smith Ramos, former Mexican chief negotiator for the USMCA, told the outlet that "right now, it may not have a big economic impact because what Mexico is using to produce flour, cornmeal, and tortillas is a very small percentage of their overall imports; but that does not mean the U.S. is not concerned with this being the tip of the iceberg."
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Mar 26, 2024
Environmental ministers in the European Union on Monday warned that the bloc's credibility on heading off the global biodiversity and climate emergencies is in peril following the European Council's decision to remove the historic Nature Restoration Law from its agenda after the proposal lost key support.
"We inspired others, yet now we risk arriving empty handed at COP16 [the 2024 UN Biodiversity Conference]," Virginijus Sinkevičius, E.U. commissioner for environment, oceans, and fisheries, said in a statement. "Backtracking now is... very difficult for me to accept."
The law, first introduced in 2022 and approved by European Parliament last month, faced one final hurdle to passage with the planned Council vote, but recent protests by farmers over the new nature restoration requirements helped push some previous supporters to reverse their positions on Monday.
The Nature Restoration Law, which supporters said they still intend to try to pass before E.U. elections in June, would require member states to adopt measures to restore at least 30% of habitats by 2030, working up to 90% by 2050. Member states would be required to take action to reverse pollinator populations, restore organic soils in agricultural use, increase development of urban green areas, and take other steps to protect biodiversity.
Since the farmer protests began in France and started spreading to other countries including Spain, Belgium, and Italy, policymakers have offered concessions including delayed implementation of another set of biodiversity rules calling for the agriculture industry to keep 4% of farming land free of crop production to regenerate healthy soil. The European Commission also shelved an anti-pesticide law in February in response to the protests.
As countries announced their new opposition to the Nature Restoration Law in recent days, some ministers suggested the demonstrations contributed to their decision.
Anikó Raisz, Hungary's minister of state for environmental affairs, said the law would "overburden the economy" and cited concerns about the "sensitive situation" in the agriculture sector. Italy also said it was concerned about the biodiversity rules' impact on farmers.
The World Wide Fund For Nature (WWF) accused far-right Hungarian President Viktor Orbán, who has dismissed European climate policies, of being behind the "unexpected and clearly politically motivated change in Hungary's position."
Hungary's opposition "was left unchallenged by Sweden, Poland, Finland, the Netherlands, Belgium, Austria, and Italy—who continue to either abstain or oppose," and "has now put the [Nature Restoration Law] in jeopardy again, giving Hungary's President Viktor Orbán the green light to further his own agenda and hold E.U. decision-making hostage," said WWF.
Eamon Ryan, Irish minister for the environment, accused other policymakers in the bloc of "buckling" before the farmer protests, which continued Tuesday, ahead of June elections.
"The biggest risk is the collapse of political ambition and will," Ryan said. "To let this go now means we go into European elections saying the European system is not working, we do not protect nature, we do not take climate seriously. That would be an absolute shame."
BirdLife Europe called on the E.U. the continue its efforts to pass the Nature Restoration Law before the session ends this summer.
"The E.U.'s reputation hangs in the balance in this critical year of E.U. elections," said the group. "Failure to make the law a reality also undermines the E.U.'s credibility and leadership on its international commitments to tackle the biodiversity and climate crises."
"This is definitely not the end of the story," Alain Maron, Belgium's minister for climate change, environment, energy, and participative democracy, told reporters at a press conference Monday. He added that the Belgian presidency of the European Council "will work hard in the next few weeks to find possible ways out of this deadlock, and get the file back on the agenda for adoption in another council."
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One expert accused the U.S. of working to "undermine and sabotage the U.N. Security Council, the 'rules-based order,' and international law."
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Biden administration officials attempted Monday to downplay the significance of a newly passed United Nations Security Council resolution, drawing ire from human rights advocates who said the U.S. is undercutting international law and stonewalling attempts to bring Israel's devastating military assault on Gaza to an end.
The resolution "demands an immediate cease-fire for the month of Ramadan respected by all parties, leading to a lasting sustainable cease-fire." The U.S., which previously vetoed several cease-fire resolutions, opted to abstain on Monday, allowing the measure to pass.
Shortly after the resolution's approval, several administration officials—including State Department spokesman Matthew Miller, White House National Security Council spokesman John Kirby, and U.S. Ambassador to the U.N. Linda Thomas-Greenfield—falsely characterized the measure as "nonbinding."
"It's a nonbinding resolution," Kirby told reporters. "So, there's no impact at all on Israel and Israel's ability to continue to go after Hamas."
Watch Matt Lee ask StateSpox about the passing of the UN ceasefire resolution. Basically the US position is it makes no difference and Miller calls 🇷🇺/🇨🇳 veto cynical.
Lee: Do you expect Israel is going to announce a ceasefire?
Miller: I do not
Lee: What’s the point of the UN? pic.twitter.com/FibaSKWjuh
— Assal Rad (@AssalRad) March 25, 2024
Josh Ruebner, an adjunct lecturer at Georgetown University and former policy director of the U.S. Campaign for Palestinian Rights, wrote in response that "there is no such thing as a 'nonbinding' Security Council resolution."
"Israel's failure to abide by this resolution must open the door to the immediate imposition of Chapter VII sanctions," Ruebner wrote.
Beatrice Fihn, the director of Lex International and former executive director of the International Campaign to Abolish Nuclear Weapons, condemned what she called the Biden administration's "appalling behavior" in the wake of the resolution's passage. Fihn said the administration's downplaying of the resolution shows how the U.S. works to "openly undermine and sabotage the U.N. Security Council, the 'rules-based order,' and international law."
In a Monday op-ed for Common Dreams, Phyllis Bennis, a senior fellow at the Institute for Policy Studies, warned that administration officials' claim that the resolution was "nonbinding" should be seen as "setting the stage for the U.S. government to violate the U.N. Charter by refusing to be bound by the resolution's terms."
While all U.N. Security Council resolutions are legally binding, they're difficult to enforce and regularly ignored by the Israeli government, which responded with outrage to the latest resolution and canceled an Israeli delegation's planned visit to the U.S.
Israel Katz, Israel's foreign minister,
wrote on social media Monday that "Israel will not cease fire."
The resolution passed amid growing global alarm over the humanitarian crisis that Israel has inflicted on the Gaza Strip, where most of the population of around 2.2 million is displaced and at increasingly dire risk of starvation.
Amnesty International secretary-general Agnes Callamard said Monday that it was "just plain irresponsible" of U.S. officials to "suggest that a resolution meant to save lives and address massive devastation and suffering can be disregarded."
In addition to demanding an immediate cease-fire, the Security Council resolution calls for the unconditional release of all remaining hostages and "emphasizes the urgent need to expand the flow of humanitarian assistance."
Israel has systematically obstructed aid deliveries to Gaza, including
U.S.-funded flour shipments.
Farhan Haq, deputy spokesman for the U.N. secretary-general, stressed during a briefing Monday that "all the resolutions of the Security Council are international law."
"They are as binding as international laws," Haq said.
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