April, 14 2010, 11:53am EDT
For Immediate Release
Contact:
Kevin Bankston
Senior Staff Attorney
Electronic Frontier Foundation
bankston@eff.org
Jennifer Stisa Granick
Civil Liberties Director
Electronic Frontier Foundation
jennifer@eff.org
EFF Backs Yahoo! to Protect User from Warrantless Email Search
Joins With Google and Others to Argue for Fourth Amendment Protection of Email
DENVER
The Electronic Frontier Foundation (EFF) along with Google and
numerous other public interest organizations and Internet industry
associations joined with Yahoo! in asking a federal court Tuesday to
block a government attempt to access the contents of a Yahoo! email
account without a search warrant based on probable cause.
The Department of Justice is seeking the emails as part of a case
that is under seal, and the account holder has apparently not been
notified of the request. Government investigators maintain that because
the Yahoo! email has been accessed by the user, it is no longer in
"electronic storage" under the Stored Communications Act (SCA) and
therefore does not require a warrant, even though that same legal theory
has been flatly rejected by the one Circuit Court to address it.
Yahoo! is challenging the government request before a federal
magistrate judge in Denver, arguing that the SCA and Fourth Amendment
require the government to get a search warrant before compelling Yahoo!
to disclose the email. In an amicus brief filed in support of Yahoo!
Tuesday, EFF says that the company is simply following the law and
protecting the constitutional privacy rights of its customers.
"The government is trying to evade federal privacy law and the
Constitution," said EFF Senior Staff Attorney Kevin Bankston. "The
Fourth Amendment protects these stored emails, just like it does our
private papers. We all have a reasonable expectation of privacy in the
contents of our email accounts, and the government should have to make a
showing of probable cause to a judge before it rifles through our
private communications."
This email privacy case comes on the heels of the announcement of a
broad coalition of technology companies, think tanks, academics, and
privacy groups -- including EFF -- that is calling for amendments to
clarify and strengthen federal privacy law to preserve traditional
privacy rights in the face of rapidly changing technology. The Digital
Due Process coalition's recommendations would, among other things,
clarify that the government must get a warrant before obtaining stored
email messages, regardless of whether they are opened or unopened and
regardless of their age.
"Americans trust Internet service providers and other technology
companies to collect and store large amounts of personal information --
more and more every day -- and it's time that Congress clarified and
strengthened the law to better protect that data," said EFF Civil
Liberties Director Jennifer Granick. "Just as your postal letters and
packages are private even though the carrier could open them, so your
email and other information is protected even if it is stored on a third
party's server."
Along with Google, other signers to the EFF brief are the Center for
Democracy & Technology (CDT), the Center for Financial Privacy and
Human Rights (CFPHR), the Competitive Enterprise Institute (CEI), the
Computer & Communications Industry Association (CCIA), the
Distributed Computing Industry Association (DCIA), NetCoalition, the
Progress & Freedom Foundation (PFF) and TRUSTe. Signers were
represented by EFF, Professor Paul Ohm of the University of Colorado at
Boulder and the Samuelson-Glushko Technology Law & Policy Clinic,
and attorney Matthew M. Linton of the firm Kennedy Childs & Fogg,
P.C., in Denver.
For the full amicus brief:
https://www.eff.org/files/filenode/inreusaorder18/AmiciBriefYahooEmails.p...
For more on this case:
https://www.eff.org/cases/re-application-united-states-america-order
For more on Digital Due Process:
https://www.digitaldueprocess.org
The Electronic Frontier Foundation is the leading nonprofit organization defending civil liberties in the digital world. Founded in 1990, EFF champions user privacy, free expression, and innovation through impact litigation, policy analysis, grassroots activism, and technology development. EFF's mission is to ensure that technology supports freedom, justice, and innovation for all people of the world.
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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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'Out-of-Touch Billionaire' Larry Fink Blasted for Calling 65 a 'Crazy' Retirement Age
"I love how rich people are treated as sources of great wisdom when they obviously don't know their ass from their elbow," said one economist.
Mar 26, 2024
Larry Fink, the billionaire CEO of the world's largest asset management firm, wrote in his annual letter to investors on Tuesday that it is "a bit crazy" that 65 is viewed as a sensible retirement age in the United States, drawing swift backlash from Social Security defenders and policy analysts.
Dean Baker, senior economist at the Center for Economic and Policy Research, replied that the CEO of BlackRock apparently doesn't know the U.S. already raised the full retirement age for Social Security to 67 under a law passed during the Reagan administration—a change that inflicted benefit cuts across the board.
"I love how rich people are treated as sources of great wisdom when they obviously don't know their ass from their elbow," Baker wrote on social media.
While Fink, who is 71, wrote that "no one should have to work longer than they want to," he argued that "our conception of retirement" must change, pointing specifically to the Netherlands' decision to gradually raise its retirement age and tie it to life expectancy. (Fink does not mention that life expectancy in the U.S. has been trending downward in recent years.)
"When people are regularly living past 90, what should the average retirement age be?" Fink wrote. "How do we encourage more people who wish to work longer, with carrots rather than sticks?"
Alex Lawson, executive director of the progressive advocacy group Social Security Works, told Common Dreams in response to the BlackRock CEO's letter that "Larry Fink is the definition of an out-of-touch billionaire."
"He is welcome to work as long as he wants to, but that doesn't mean that everyone else—including people who do demanding physical labor—should work until they die," said Lawson.
"Half of Americans age 65 and older are living on less than $30,000 per year. This is absurd. Congress must expand Social Security."
Roughly half of older Americans have no retirement savings, a fact that Fink acknowledged in his letter.
While progressive lawmakers such as Sen. Bernie Sanders (I-Vt.) have called on policymakers to expand Social Security benefits by forcing rich people like Fink to contribute more to the program, the BlackRock CEO argued that the private sector and federal government should team up to "ensure that future generations can live out their final years with dignity."
"What should that national effort do? I don't have all the answers," Fink added. "But what I do have is some data and the beginnings of a few ideas from BlackRock’s work. Because our core business is retirement."
Fink's letter comes days after the Republican Study Committee—a panel comprised of around 80% of the House GOP caucus—released a budget proposal calling for "modest adjustments to the retirement age for future retirees to account for increases in life expectancy" in a purported bid to "secure Social Security solvency for decades to come."
But progressives argue that rather than slashing benefits for new retirees to shore up the program, Congress should lift the payroll tax cap that allows the ultra-rich to pay the same amount into Social Security as someone who makes $168,600 a year.
Fink, for example, has a base salary of around $1.5 million. With the current payroll tax cap in place, Fink stopped paying into Social Security less than a month and a half into 2024.
"In the U.S. today, 12 million seniors are dealing with food insecurity," Sanders wrote on social media Tuesday. "Half of Americans age 65 and older are living on less than $30,000 per year. This is absurd. Congress must expand Social Security."
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'Collapse of Political Ambition': EU Shelves Nature Restoration Law
"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," said Ireland's environmental minister. "That would be an absolute shame."
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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