Shared posts

01 Nov 17:54

Great pregame reads on Jay Gruden and Geno Atkins

by Josh Kirkendall

Take a few minutes to read Dan Pompei's report, detailing Jay Gruden's week heading into last Sunday's game against the New York Jets. You receive more some insight into the character, interactions, game-planning, and learn that yes, Greg McElroy helped the Bengals against his former team and that Gruden charts the first 15 plays of every game.

Gruden has a lot of time because kickoff is not until 4:05, so he starts working on planning for the Bengals' Thursday game against the Dolphins. He gets about halfway through the tape and stops because he doesn't want to be thinking about the Dolphins when the Jets are the more immediate concern.

So he watches the week of practice again and makes some notations on his call sheet.

It's a beautiful fall day for football in Cincinnati—perfect, in fact, for the long ball. It doesn't take long for all of Gruden's planning to kick in.

Greg Bedard with Sports Illustrated hangs out with Geno Atkins, who shows far more character as a player but also as a preparer who watches endless amounts of film.

"See how he’s stepping up into the pocket rather than running around?" Atkins explains. "We have to help out the ends by pushing the pocket to get five yards into the backfield. If I can get into the guard and center, he has no room to step up and make that touchdown throw. We have to make sure he can’t step into his throws. … If we can push the pocket to where he can’t step into his throws, or he has to alter his throws, I like our chances."

But some of the best comes from Justin Williams with Cincinnati Magazine, who tries to get Atkins to open up, to the point that his teammates offer a very telling persona of the best defensive tackles in the NFL. With the media, he's reserved and quiet. But not so much his teammates.

Wallace Gilberry unleashes a juicy cackle, drowning out the muffled laughter of several defensive linemen seated around him. Gilberry has no shortage of quips at Atkins’s expense, though according to him, it’s purely payback. The narrative of Geno Atkins as the quiet, shy standout is not one that exists within the Bengals locker room.

"He’s not quiet with me," says fullback Chris Pressley. "He won’t stop talking."

"He jokes the most out of any of us," claims Gilberry. "They say I’m the prankster, but Geno, he’s sneaky. He stirs up the hornet’s nest and we walk straight into it."

Want to get him to talk? Ask him about Henry III and Longneck Rex. His pet turtles. Why turtles, asks Williams?

"I can’t get a dog," says Atkins, "so that’s the next best thing."

Hard to tell but that might have been a joke.

31 Oct 05:30

“An epidemic of lifestyle moralism”

by Walter Olson

Christopher Snowdon on Britain’s hypertrophy of public health [Spiked Online]:

…["Public health"] once meant vaccinations, sanitation and education. It was ‘public’ only in the sense that it protected people from contagious diseases carried by others. Today, it means protecting people from themselves. The word ‘epidemic’ has also been divorced from its meaning – an outbreak of infectious disease – and is instead used to describe endemic behaviour such as drinking, or non-contagious diseases such as cancer, or physical conditions such as obesity which are neither diseases nor activities. This switch from literal meanings to poetic metaphors helps to maintain the conceit that governments have the same rights and responsibility to police the habits of its citizens as they do to ensure that drinking water is uncontaminated. …

Once again, all it took was a change in terminology. A ‘binge-drinker’ had traditionally been someone who went on a session lasting several days. Now it means anyone who consumes more than three drinks in an evening. … Today, if you are gripped by an urge to eradicate some bad habit or other, you no longer have to make a nuisance of yourself knocking door-to-door or waving a placard in some dismal town square. You can instead find yourself a job in the vast network of publicly funded health groups and transform yourself from crank to ‘advocate’. … Although ‘public health’ is still popularly viewed as a wing of the medical profession, its enormous funding and prestige has attracted countless individuals whose lack of medical qualifications is compensated by their thirst for social change.

“Sin” taxes? “Fines for living in a way that displeases a purse-lipped elite.” For persons who are going to live well into old age in any event, the question is not so much “preventing” one eventual cause of death as swapping one for another, perhaps more troublesome cause. And always, always the moralizing:

It can scarcely be coincidence that the main targets of the public-health movement are the same vices of sloth, gluttony, smoking and drinking that have preoccupied moralists, evangelists and puritans since time immemorial. HL Mencken long ago described public health as ‘the corruption of medicine by morality’.

Whole thing here.

Tags: alcohol, nanny state, public health

“An epidemic of lifestyle moralism” is a post from Overlawyered - Chronicling the high cost of our legal system

15 Oct 21:03

Constitute: A New Website on Comparative Constitutions

by Anthony Clark Arend

 

constitute-header-about

Check out, Constitute, a new website on the world’s constitutions. It is an amazing, searchable database. As the website explains:

Constitute allows you to interact with the world’s constitutions in a few different ways.

  • Quickly find relevant passages. The Comparative Constitutions Project has tagged passages of each constitution with a topic — e.g., “right to privacy” or “equality regardless of gender” — so you can quickly find relevant excerpts on a particular subject, no matter how they are worded. You can browse the 300+ topics in the expandable drawer on the left of the page, or see suggested topics while typing in the search bar (which also lets you perform free-text queries).
  • Filter searches. Want to view results for a specific region or time period? You can limit your search by country or by date using the buttons under the search bar.
  • Save for further analysis. To download or print excerpts from multiple constitutions, click the “pin” button next to each expanded passage you want to save. You can then view and download your pinned excerpts in the drawer on the right.

How was this site developed? They explain:

Constitute was developed by the Comparative Constitutions Project. It was seeded with a grant from Google Ideas to the University of Texas at Austin, with additional financial support from the Indigo Trust and IC2. Engineering and web-design support are provided by Psycle and the Miranker Lab at the University of Texas

The following organizations have made important investments in the Comparative Constitutions Project since 2005: the National Science Foundation (SES 0648288), the Cline Center for Democracy, the University of Texas, the University of Chicago, and the Constitution Unit at University College London.

As one who studies international law, I am particularly fascinating by the searchable topics relating to international law:

  •  Explicit References to Int. Law
    • Mention of customary international law
    • Mention of international law
    • Mention of international organizations
    • Mention of international human rights treaties
  •  Foreign Policy
    • Representative of the state for foreign affairs
    • Power to declare/approve war
  •  Treaties
    • Mention of international human rights treaties
    • Treaty ratification process
    • Legal status of treaties

(HT: My dear friend, colleague, and constitutional law expert, Dr. Susan Sullivan Lagon. And it was also featured today on Fareed Zakaria’s GPS.)

25 Sep 20:30

OODA Loops and Markets

by John Robb

Quick refresher.  An OODA loop is a decision making model that John Boyd (America's greatest strategist) formulated. 

Basically, it's a description of how all living organisms make decisions.  Better decision making = improved success.  

OODA consists of four steps in a loop (I've got lots more on this in my book and in past issues of GG):

  1. Observe = what's going on?  what is the problem?
  2. Orient = what does that data mean (knowledge, experience, culture, etc.)  is it a problem?
  3. Decide = what should you do in response to this situation/problem?
  4. Act (repeat) = do it.. (go back to the first step to find out if your action solved the problem)

However, many of the decisions we make are are accomplished at the group and societal level.  To do that, we've built organizational frameworks that automate steps in the OODA loop.  The three most common methods at the macro level are:

  • Markets -- financial, farmer's, and representational governance
  • Hierarchy -- families, corporations, and governments
  • Legal -- contracts, remedies, and adjudication.

All three were amazing innovations at the time they were developed.  

In today's world, given that we are all networked and have nearly unlimited processing power at our fingertips...  Not so much.   In fact, the rise of networks is rapidly corrupting the traditional organizational frameworks -- from the programmed trading and derivatives that are destabilizing stock markets to the "big data" bomb that the NSA is currently building to the IP trolls (copyrights and patents) that are destroying innovation. 

BTW:  The Kenyan mall attack appears to be a template (plausible promise) that is aimed at both Kenyan government and the US/Europe.  I suspect it won't successfully ignite action in either area (i.e. multiple Black Friday -- the high holy day of American consumerism -- mall attacks or attacks by other groups on Kenyan targets).

25 Sep 18:58

Legal Systems Very Different From Ours

by Will Baude
(Will Baude)

I’ve just started reading a very interesting draft book by David Friedman, called Legal Systems Very Different From Ours. It includes chapters on “Gypsy Law,” “Amish Law,” “Jewish Law,” “Islamic Law,” “Somali Law,” “Athenian Law,” “Irish Law,” “Chinese Law,” and “Plains Indian Law,” as well as a number of analytical chapters connecting these legal systems. The entire draft is posted on Friedman’s website, and he apparently welcomes comments.

22 Aug 18:53

Bengals Quarterback Andy Dalton A TV Star, Thanks To Pepsi

by Anthony Cosenza

Andy Dalton hasn't hit NFL stardom quite yet. While he has had tastes of early success, the kings of the mountain are reserved for championship quarterbacks that have likeable personalities. Dalton definitely is likeable, with his blend of "aw shucks" and on-field fire, but he has yet to hoist a Lombardi Trophy.

Still, some think that this could be the year of the Tiger. And with the team starring on HBO's "Hard Knocks" this year, the popularity of the team that represents the Queen City has risen to one of its highest points. Because of this popularity, Dalton was hired by Pepsi to star in a recent commercial. And, it's quite funny.

It's sort of like a G-Rated spin-off of a bit in the Will Ferrell movie, "Anchorman". In that flick, you'll likely remember Paul Rudd's character, Brian Fantana, and his affinity of a cologne called "Sex Panther". It was made with real bits of panther, apparently. Well, in the Pepsi commercial, Dalton brings a young couple a bottle of his own scent called "Andy".

Have a look:

21 Aug 15:52

Does Life Purpose Enhance Longevity?

by Mark Sisson

missionTurning 60 a few weeks back was quite a trip. It’s one of those milestones that prompts reflection as well as plenty of celebration. (My wife, Carrie, is always good about getting me to do that part.) I’ve known for many years that hitting 60 wouldn’t be the bleak event our culture often makes it out to be. Personally, I don’t feel like I’m slowing down any. Nor do I have plans to. I don’t feel like life is shifting into retrospect. Doors of opportunity and innovation aren’t closing. Honestly, I find life to be more full of possibility than ever. A huge part of this, I believe, has been refining my life’s purpose. As always, I want to be a good father, husband, son, friend, etc., and I feel more deeply and confidently about these roles at this point. In terms of my vocation (because it’s much more than a job for me), I feel like I’m just getting going. I’ve been involved in health and fitness all my life, but in the last several years I’ve come closer than ever to feeling like I’m centered in the crux of that vision. I’m interested in helping people get healthy and thrive to their fullest potential. That’s exactly what I get to do each day, and it gives me satisfaction – and purpose. The whole reflection got me thinking about the physiological (and maybe even Primal) connection: does a sense of personal meaning translate into health and longevity?

The Protective Effects of Purpose

Some days we all feel like we’re going through the motions. When you take the sum total of your experience, however, what do you feel? How directed do you feel in life? How connected to a larger purpose (not necessarily metaphysical) would you say you are? Research has looked at how a sense of purpose can extend (as well as expand) our lives, and the results are impressive.

A well controlled study conducted by Rush University Medical Center experts, for example, found that over 1200 senior subjects who described themselves as having a higher sense of purpose were approximately half as likely to die during the five year study observation than those who claimed little sense of purpose. Among the statements most associated with the difference in mortality risk were three: “I sometimes feel as if I’ve done all there is to do in life;” “I used to set goals for myself, but that now seems like a waste of time;” and “My daily activities often seem trivial and unimportant to me.” Although the researchers note the importance of these questions for seniors, there’s clearly something to be gleaned here for all of us across the lifespan.

In related studies by the same Rush University team, those with a strong sense of life purpose were less likely to develop the neurological damage seen in Alzheimer’s and to actually experience Alzheimer’s or cognitive impairment.

Other research, including a study of over 12,600 Hungarian citizens, also suggests the protective effects of life purpose. A greater sense of “life meaning,” the researchers found, was associated with decreased risk for cancer, cardiovascular disease and mortality. Likewise, Dan Buettner, global longevity researcher and author of The Blue Zones, has cited the sense of life purpose as one of the pivotal traits supporting longevity in the world’s longest living populations.

To explore the topic from another angle, experts have looked at the effect of retirement on mortality risk. Although the results are mixed, some studies show a significant increase in mortality in people who retire early (PDF).

The Primal Point of Meaning

Why the connection? What’s the purpose of, well, purpose? Patricia Boyle, head researcher for the Rush University Medical Center studies, suggests the sense of meaning is an element of “human flourishing” and reflective of the “tendency to derive meaning from life’s experiences” as well as meet life with “intentionality.”

It’s not a huge leap of logic to imagine how this “tendency” could’ve served our ancestors. When they were inclined to “derive meaning from life’s experiences,” they were primed to live in tune with – and productive curiosity about – their surroundings and human community. Exploration simultaneously satisfied something in them and (often, at least) spurred them toward greater opportunity and security. They were rewarded for feeling and finding purpose in their roles within the band community and in their endeavors for the sake of the group.

The same holds true for us today. We gain the same satisfaction from successfully filling the roles we value. We are gratified by contributing to the larger needs of the circles we inhabit – particularly when we can do so from a place of personal effectiveness and passion. The more we feel engaged with life, the healthier we are. Once we feel cut off from the flow and interaction of life, however, we’re more likely to wither in body and mind.

Hunting for Purpose

So, what if you don’t know your life’s purpose? What if you’re young and still exploring? What if you’re older and still exploring? What if you’re in the midst of a major life transition and questioning everything you ever thought your life was about? I don’t profess to have the answer, and I don’t think there’s one way to get there anyway. Nor do I think the answer can be forced into existence out of sheer willpower. That said, I do believe we often have more of an opinion about it than we think we do. A dose of patience in the right conditions can sometimes coax it to the surface. Here’s my take….

Sure, do the list making, the rational weighing, the free from brainstorming that experts suggest. Reflect on your passions, your priorities, your values, your talents and temperament. Consider where all of these can intersect with the needs you see in the circles or society around you. Talk to friends. Take a stab at writing a personal mission statement if you’re so inclined. Mull on the question while you’re washing dishes. Fill your head with the possibilities, the pros and drawbacks, the complexities and ambiguities. But then move out of cerebral mode entirely, get out of your own way, and hand the question over to your intuitive self.

Personally, I find there’s nothing more conducive to intuitive thinking than solo time outdoors (little surprise there, no?) – the farther away from civilization and other people the better. Don’t put the pressure on a single afternoon in the woods. Schedule a hike/climb/paddle/bike ride every weekend for, well, several weeks. As long as it takes (or as long as you just feeling like hitting the trail)… Think the question once – and only once – as you head out “into the wild” for your mini retreat. Then forget about it for the day. Just be and do and watch and smell and head home when you’re good and ready. Let the trees or mountain or river or whatever hold your place in the process like a living bookmark. Come back again the next week, and do the same thing. Keep coming.

One day you’ll leave with your answer. Maybe it will come to you like a vision as you round the corner of a trail one day. Maybe it will settle in quietly, almost imperceptibly until you finally notice it’s there with you. Either way, you’ll have let your answer come forth from hours of, call it, Primal meditation. Not a bad source to tap into when you’re seeking purpose – and time away worth the health benefits all on its own.

Thanks for reading today, everybody. Enjoy your week!

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21 Aug 15:44

How and why to use whom in a sentence

by Matthew Inman
How and why to use whom in a sentence

This is a grammar comic about the proper usage of who versus whom.

View
09 Aug 18:18

Meteor Showers

Remember, meteors always hit the tallest object around.
11 Jul 20:36

Power Verbs

by Ross Guberman, guest-blogging
(Ross Guberman, guest-blogging)

Here are three sentences from Paul Clement’s Supreme Court brief against the Affordable Care Act’s individual mandate. When you see bolded language, I’ve replaced Clement’s evocative verb choice with typical lawyer talk. Take a stab at guessing what he actually wrote each time:

In all events, the federal government gains nothing by asking the Court to discard both the mandate and the penalty and replace them with a tax, as the hypothetical tax statute the federal government proposes would be no more constitutional than the statute Congress actually enacted.

What is more, the Court did so for the very same reason that is fatal to the federal government’s arguments here: because the means Congress adopted were neither valid exercises of the commerce power itself nor means “proper for carrying into Execution” that power.

The power to compel individuals to enter commerce, by contrast, is reminiscent of the police power, which the framers reserved to the states.

Now here is the language that Paul Clement, no doubt one of the best brief-writers in the land, used instead:

[T]he federal government gains nothing by asking the Court to jettison both the mandate and the penalty . . . .

[T]he Court did so for the very same reason that dooms the federal government’s arguments here . . . .

The power to compel individuals to enter commerce [. . .] smacks of the police power . . . .

Each of Clement’s vivid choices paints a picture, stokes an emotion, or both.

Many lawyers lament that legal writing squelches their creativity. It doesn’t need to. Take the sentence I just wrote. In my first draft, I wrote, “Many lawyers tell me that legal writing leaves no room for them to be creative.” Luckily, I objected to my own wilted prose, replacing “tell me that” with “lament that” and replacing “leaves no room for them to be creative” with “squelches their creativity.” That sort of word play is “creative” legal writing at work.

Even as a lawyer beholden to forms and terms of art, you have many options on the wording front. Not “take into consideration” but “heed.” Not “take out of context” but “pluck.” Not “cause harm to” but “slash.”

Vivid verbs can also shape how judges see you and your adversary.

Can you think of catchy alternatives for these bolded yawners: “mislead Wall Street,” “manufactured a term,” “dividing a class of married persons,” “the State Department’s delaying,” and “transforming exculpatory evidence into inculpatory evidence”? Now see below.

Joe Jamail, In re Sunbeam Securities Litigation

Sunbeam intentionally played fast and loose with its accounting numbers to hoodwink Wall Street.

David Boies, In re Vitamins Antitrust Litigation

Defendant, not plaintiffs, coined the term “persons with decision making authority” to define the files to be searched.

Paul Smith, Gill v. Office of Personnel Management

This sundering of the class of married people violates the Equal Protection guarantee of the Fifth Amendment.

Alan Dershowitz, In re People’s Muojahedin Organization of Iran

Indeed, amici submit that the State Department’s foot-dragging and failure to timely comply with this Court’s mandate is itself powerful evidence that the continued designation of PMOI as a foreign terrorist organization cannot be justified.

Larry Robbins, United States v. Bayly

It is not hard, however, to understand the government’s abrupt change in position. For one thing, the new theory, if accepted by this Court, would alchemize exculpatory evidence (that a third-party purchase, such as by LJM2, was assured) into inculpatory evidence (that an Enron buyback was guaranteed).

And here are a few more:

Ruth Bader Ginsburg, Craig v. Boren

Oklahoma’s sex/age classification to determine qualification for association with 3.2 beer pigeonholes impermissibly on the basis of gender in violation of the fourteenth amendment’s equal protection principle . . . .

Walter Dellinger, Bank of America v. Cleveland

Bank of America’s crucial allegation — that Cleveland is attempting to curb Bank of America’s lending activities by bludgeoning its parent company — provides the requisite case or controversy . . . .

Morgan Chu, Tivo v. Echostar

So far, of course, EchoStar has managed to thwart that goal.

Larry Lessig and Kathleen Sullivan, Eldred v. Ashcroft

This mocks intermediate review.

Bernie Nussbaum, Crest v. Wal-Mart Stores

Dr. Howard suggests, without any support, that any below-cost pricing of “sensitive items” dupes customers and creates “halos.”

Joshua Rosenkranz, MGA Entertainment, Inc. v. Mattel, Inc.

After brash Bratz dethroned princess Barbie, Mattel responded with a strategy to “litigate MGA to death.”

Ken Starr and Eric Holder, McDonald v. United States

The Ninth Circuit’s blinking at these racial gerrymandering tactics deepens a divide among the lower courts regarding the balance between due process rights and prosecutorial discretion.

What are some other evocative verbs or turns of phrase that you find effective?

(Incidentally, yesterday’s post prompted some grammar questions. For those of you who are interested, here are my Five Grammar Myths.)

08 Jul 15:37

On French Espionage

by Jack Goldsmith

The NYT, based on a Le Monde story, reports that “France has its own large program of data collection, which sweeps up nearly all the data transmissions, including telephone calls, e-mails and social media activity, that come in and out of France.”  French officials claim there is “a difference between data collection in the name of security and spying on allied nations.”  Yes, there is a difference.  But France does the latter as well.  France is a well-known leader in industrial espionage.  Ellen Nakashima reported earlier this year that a recent National Intelligence Estimate named France in the second tier of countries behind China that “engaged in hacking for economic intelligence.”  WikiLeaks had earlier revealed American cables indicating that “France is the country that conducts the most industrial espionage on other European countries, even ahead of China and Russia.”  And there are many other examples, as Adam Rawnsley at FP details.  France might nonetheless claim a difference between (a) its practice or comprehensive surveillance at home and economic surveillance abroad, and (b) espionage against allied governments.  But its industrial espionage often targets defense contractors closely tied to governments.  And in any event, there is every reason to think that France engages in espionage against foreign governments, including, sometimes, allies.  In response to French claims “that they do not spy on the American Embassy in France,” today’s NYT notes that American officials – speaking to reporters in polite diplomatese in order to not reveal what the USG surely knows for certain – “are skeptical of those reassurances, and have pointed out that France has an aggressive and amply financed espionage system of its own.”  In this light, I don’t understand France’s over-the-top reaction to reports of USG spying in Europe, which predictably invited close scrutiny of France’s own espionage practices.

02 Jul 16:23

Dishonor in High Places: Sandbagging the Intelligence Chief—Again

by Joel Brenner

On March 12 of this year, Senator Ron Wyden asked James Clapper, the director of national intelligence, whether the National Security Agency gathers “any type of data at all on millions or hundreds of millions of Americans.”

“No, sir,” replied the director, visibly annoyed. “Not wittingly.”

Wyden is a member of the Senate Select Committee on Intelligence and had long known about the court-approved metadata program that has since become public knowledge. He knew Clapper’s answer was incorrect. But Wyden, like Clapper, was also under an oath not to divulge the story. In posing this question, he knew Clapper would have to breach his oath of secrecy, lie, prevaricate, or decline to reply except in executive session—a tactic that would implicitly have divulged the secret. The committee chairman, Senator Diane Feinstein, may have known what Wyden had in mind. In opening the hearing she reminded senators it would be followed by a closed session and said,  “I’ll ask that members refrain from asking questions here that have classified answers.” Not dissuaded, Wyden sandbagged he director.

This was a vicious tactic, regardless of what you think of the later Snowden disclosures. Wyden learned nothing, the public learned nothing, and an honest and unusually forthright public servant has had his credibility trashed.[1]  Unfortunately the tactic has a pedigree, but for that, we’ve got to wind the clock back forty years.

Nixon and Helms

On February 2, 1973, President Richard Nixon, swept up in the Watergate whirlpool that soon would bring him down, fired Richard Helms as the Director of Central Intelligence. To get Helms out of the way, Nixon nominated him as ambassador to Iran. The hearings on Helms’ nomination were the beginning of a five-year struggle to assert Congressional control over the intelligence business in general and the CIA in particular, culminating in the release of massive amounts of previously classified information,[2] the passage of the Foreign Intelligence Surveillance Act or FISA, the creation of the House and Senate intelligence committees, and the passage of legislation creating inspectors general across the federal government. The era also produced the edict known as Executive Order 12,333, which created rules under which intelligence could lawfully be gathered and which, with some modifications, remains in effect today.

The mid-1970s mark the Republic’s rebellion against unaccountable secrecy and the sometimes lawless behavior it enabled. J. Edgar Hoover, the FBI director, was too powerful to be fired and was widely known to have amassed secret dossiers on members of Congress and the President himself. The NSA had unhindered access to Western Union’s telegraph traffic. The CIA, contrary to its writ, was believed (correctly) to operate against domestic targets, and it appeared uncontrollable abroad. After coups in Iran and Guatemala, a botched invasion of Cuba, and operations against the leftist government of Chile that led to a coup there later in 1973, many on the Hill saw the CIA as a government within a government. The country was willing to tolerate secret and powerful intelligence agencies as a necessary tool of statecraft, but only if the rules under which they operated were public, and only if they were subject to legislated oversight mechanisms. This was background against which the United States did something never before accomplished by a major power:  We turned intelligence into a regulated industry. But rebellions are messy affairs. The agencies’ budgets were brutally slashed, and our intelligence capabilities were undoubtedly damaged. When Congress reacts, its uses a meat axe, not a scalpel.

The hearings on the Helms nomination were the first legislative round in this affair, a power struggle between two Senate committees  as well as a slug-fest between the Hill and the agencies.

 

Fulbright’s Trap

In those days CIA oversight was handled by a joint subcommittee of the Senate Armed Services Committee, which authorized its secret budget, and the Senate Appropriations Committee, which appropriated the budget. The subcommittee, sometimes called “the Secret Seven,” was chaired by Senator Richard Russell. The chairman of the Senate Foreign Relations Committee, Senator William Fulbright, resented the arrangement but had been helpless to do much about it, and insofar as he had been able to get Helms to appear before his committee at all, the sessions had been closed, much to Fulbright’s displeasure. But now, on February 5, 1973, “the man who kept the secrets,”[3] the very man who had been the director of central intelligence only three days before, was appearing before him in a new capacity, as nominee for an ambassadorial post, in an open hearing. Fulbright noted the novelty of the occasion with evident relish:[4]

The Chairman:  I think this is the first time you have ever appeared before this committee in open session, isn’t it?

Mr. Helms:  That is correct, sir.

The Chairman:  All these years.

Mr. Helms:  In all these years.

The Chairman:  Are you sure we were wise in having them in executive session?

Mr. Helms:  Yes, sir.

Moments later Fulbright remarked that Helms, who had not been sworn as a witness in the committee room, was nevertheless under an oath to keep secrets:

The Chairman:  Are you under the same oath that all CIA men are under when you leave the Agency you cannot talk about your experiences there?

Mr. Helms:  Yes, sir, I feel found by that.

The Chairman:  You feel bound by that, too?

Mr. Helms:  I think it would be a very bad example for the Director to be an exception.

When the hearings resumed two days later, Fulbright announced that Senator Sam Ervin, the chairman of the Senate Committee on Government Operations, was “interested in the operations of the CIA, if any, in its relation to the recent Watergate incident.” In a flash, Fulbright turned a hearing on a nomination into an investigative proceeding, which made it “appropriate,” he blandly mentioned, to put the witness under oath.

Having established two days earlier that Helms was under an oath not to divulge classified information, Fulbright put Helms under oath in an open session to answer truthfully whatever question was put to him. And so a snare was set. This was an impossible situation – a conflict between two oaths, both of which could be enforced by criminal prosecution – that had previously been avoided by an unwritten rule that had been enforced by Senator Richard Russell, who until 1969 had been the powerful, longtime chairman of the Senate Armed Services Committee. In the several years following the hearing, Congress would change the written rules on the statute books, but this was the day on which the unwritten rule was abandoned.

If Fulbright set the snare, Senator Stuart Symington sprang it.[5]  Symington served on both the Senate Foreign Relations and Armed Service Committees and was a member of the joint subcommittee that oversaw the CIA.[6]  Like Wyden questioning Clapper forty years later, he knew the answers to the questions he was about to ask, and knew the answers were classified:

Senator Symington:  Did you try in the Central Intelligence Agency to overthrown the government of Chile?

Mr. Helms:  No, sir.

Senator Symington:  Did you have any money passed to opponents of Allende?

Mr. Helms:  No, sir.

Senator Symington:  So the stories you were involved in that war are wrong?

Mr. Helms:  Yes, sir.

Both men knew Helms was lying. Symington intentionally put Helms in a position where he had to choose between his conflicting oaths. This was the purpose of the question. Helms might have said that he would reply to the question only in executive session, but that statement would implicitly have confirmed information he was bound not to disclose. He might have been forgiven for taking that course, however, because by failing to do so he ended up pleading “nolo contendere,” or no contest, to the charge of not having testified “fully and completely” before a Congressional committee. He was duly judged guilty, fined $2,000, and given a two-year suspended sentence.

 

The Intelligence Committee Solution

No agency head should be placed in the position that Fulbright and Symington put Helms, and the establishment of the Senate and House intelligence oversight committees in 1976 and 1977, together with Executive Order 12,333, should have eliminated any excuse for its happening again. Fulbright and Symington were rebelling not only against certain of the CIA’s activities but also against the nearly single-handed control that Russell had exerted over anything to do with the CIA. But it is impossible to divulge classified information to the Congress as a whole—535 members and their numerous staff—and think it can remain secret. There will always be members and staff who find or invent an excuse to divulge classified information. Russell knew that. The intelligence committees became the place where the executive could divulge information to selected members of both houses of Congress with a high degree of confidence that the secrets would be kept – but kept among legislators of both parties in both houses, not a single single senator – with considerable power to yank the agencies’ leash. As I first wrote nine years ago,[7] these committees are “the clutch that permits two otherwise conflicting imperatives of two great branches of government to work more or less in synch.” They protect the executive’s need for a reasonable degree of secrecy in the conduct of intelligence affairs, and they respect the legislature’s demand for information about significant government operations and the uses to which appropriated funds are put. Or at least, that was the case until Wyden sandbagged Clapper. The fallout from this episode on the committees’ credibility as places that can keep secrets remains to be seen.

 

Wyden’s Options

But let’s turn the glass around and look at it through Wyden’s end. Wyden concluded that the special court that oversees the Foreign Intelligence Surveillance Act, or FISA, was interpreting the law in a wholly novel way that permitted the government to collect vast quantities of telephony metadata. Telephony metadata is like the information on the outside of an envelope going through the mail. The Supreme Court has held that it has no constitutional protection. Unlike an intercepted call, metadata means only the number called and calling, the time of the call, and various other technical attributes of the call – but not its contents. The intelligence committees were told of this interpretation, and they did not object to it for two very good reasons. First, they were persuaded, as I am, that by doing so, the government was saving lives. And second, they were persuaded that while the data could be collected, it could not be accessed except under stringent procedures that were rigorously audited for compliance with the court’s orders. Among the hundreds of billions of calls made during 2012, this metadata was accessed only 300 times. This is an infinitesimal fraction, and on each occasion there was a documented justification. I do not believe, however, that most members of Congress, when they passed FISA, contemplated that the law could be interpreted as the FISA Court did, to permit the collection of bulk metadata.

Wyden therefore concluded that the FISA court was making secret law. This was at best an exaggeration. It is not unusual for legislators to accuse judges of making new law when they don’t like a judicial interpretation. Whether it was wise to classify so much information about the rules under which NSA was operating – in my view, it was not – that’s another matter. But let’s accept Wyden’s “secret law” position for the sake of argument. He served on a committee and took an oath to keep its secrets. The Senate intelligence committee has nineteen members. Only one other member shared his view. The house intelligence committee has twenty-three members. None of them appeared to share his view. So what was a conscientious legislator to do?

The senator had two choices. He could have done what legislators are elected to do, which is to legislate. Without breaking his oath, he could have introduced a bill stating, for example, “Neither the National Security Agency nor any other agency or department shall acquire, collect, or otherwise gather bulk metadata (which he could define) of communications, all parties to which are in the United States.” That would be the gist of it. That bill would have generated ferocious debate, though realistically it would have died quickly. But Wyden is in a small minority in the legislature of a representative democracy. He doesn’t get to make the rules.

That would have left him with one honorable alternative: civil disobedience. He could have broken the law and, in the tradition of Socrates, Thoreau, Gandhi, and King—but unlike Edward Snowden—remained in the country to face the laws he deemed unjust and in the process, sought to undermine them. The consequences would probably have included resignation or removal from the intelligence committee and destruction of the committee’s reputation as a group that can keep secrets. But unlike Clapper, Wyden could probably not have been prosecuted for releasing top-secret classified information, because the Constitution’s Speech and Debate Clause would have immunized from being “questioned in any other Place” about his statements in the Senate.

But Wyden did neither of these things. He lacked the courage of his conviction, and instead of running any risk himself, he transferred it to the director of national intelligence, putting Clapper in the impossible position of answering a question that he could not address truthfully and fully without breaking his oath not to divulge classified information. Unlike Helms, Clapper was not under oath and therefore not liable to a charge of perjury, but Wyden did put Clapper in jeopardy of making or concealing a material fact or giving a false statement,[8] a charge that carries a penalty of up to five years in prison. It was a low dishonorable act, and nothing good will come of it.


[1] See, e.g., Andrew Rosenthal, “Making Alberto Gonzales Look Good,” New York Times, June 11, 2013, at http://takingnote.blogs.nytimes.com/2013/06/11/making-alberto-gonzales-look-good/?_r=0.

[2]Intelligence Activities and the Rights of Americans, Book II, Final Report of the Select Committee to Study Governmental Operations with Respect to Intelligence Activities Together with Additional, Supplemental, and Separate Views, S. Rep. No. 755, 94th Cong., 2d Sess. (1976) (“Church Committee Reports”); Recommendations of the Final Report of the House Select Committee on Intelligence, H.R. Rep. 833, 94th Cong., 2d Sess. (1976) (“Pike Committee Reports”). The Church Committee Reports, but not the Pike Committee Reports, were made public, but the latter were eventually leaked, and both sets of reports, comprising many volumes, are available online. See also L. Britt Snider,”Recollections from the Church Committee’s Investigations of NSA,” Studies in Intelligence (Winter 1999-2000), at http://intellit.muskingum.edu/cia_folder/cia70s_ folder/cia70sinva-l.html.

[3] Thomas Powers, The Man Who Kept the Secrets: Richard Helms and the CIA (New York: Knopf, 1979).

[4] U.S. Senate, Hearings before the Committee on Foreign Relations on the Nomination of Richard Helms to Be Ambassador to Iran and CIA International and Domestic Activities, 93rd Cong., 1st Sess. (Washington, D.C.: U.S.G.P.O., 1974) (“Hearings”), available at Hathi Trust Digital Library, http://babel.hathitrust.org/cgi/pt?id=mdp.39015078615609;view=1up;seq=1.

[5] Hearings, p. 47.

[6] John S. Warner, “The Watchdog Committee Question,” CIA Center for the Study of Intelligence, at https://www.cia.gov/library/center-for-the-study-of-intelligence/kent-csi/vol10no3/pdf/v10i3a03p.pdf.

[7] Joel F. Brenner, “Information Oversight: Practical Lessons from Foreign Intelligence,” published simultaneously, September 30, 2004, by The Heritage Foundation, at http://www.heritage.org/research/lecture/information-oversight-practical-lessons-from-foreign-intelligence#pgfId-1117309, and by the Center for Democracy and Technology, https://www.cdt.org/pr_statement/nsa-inspector-general-offers-principles-oversight-and-accountability.

[8] 18 U.S.C. §1001.

01 Jul 06:34

A Message From Queen Elizabeth II to Syracuse University on its Final Day in the Big East

by CasualHoya
Jumpsuit2

via www.geekextreme.com

Later, dudes.


25 Jun 15:45

ESPN: Georgetown Ranks 2nd In Producing the Best Pros in the Modern Draft Era

by CasualHoya
145146662

ESPN's "Path to the Draft" series revealed Georgetown as the number two program in all the land in producing the best pros in the modern Draft era. For those unfamiliar with the series, here is a brief summary:

What if we ranked schools based not on how many players they sent to the draft, but on how good those players' careers were? Forget sheer quantity; let's focus on quality. What would those rankings look like?

So that's what we did. With the help of caffeine, our editors, a daunting all-time NBA draft results spreadsheet and too much time spent looking at career splits, we ranked the top 20 programs by what we're deciding to call "NBA pedigree."

What does "pedigree" mean? That's part of the fun, of course, figuring that out. But our methodology isn't all that complex. It's almost entirely based on the careers of former collegians drafted since 1989, the start of the two-round era (before then, it was seven rounds, and 10 before that, and 21 before that). It's a combination of the performance, longevity and legacy NBA fans discuss when they debate the greatest players of all time.

Which college program has borne the most great players in the modern draft era? Does having one or two Hall of Famers and not much else lend a program more "pedigree" than one that has produced a spate of average 10-year pros? Which do we value more, and why?

Putting Georgetown at number two is a testament to the program that since 1989 has produced NBA greats such as Alonzo Mourning, Dikembe Mutombo, Allen Iverson and a slew of young stars in Roy Hibbert, Jeff Green and Greg Monroe among others.


Top Five NBA Draftees Since 1989

Allen Iverson (1996)
Alonzo Mourning (1992)
Dikembe Mutombo (1991)
Roy Hibbert (2008)
Greg Monroe (2010)
Sixth man: Jeff Green (2007)

The rest: Charles Edward Smith, Jaren Jackson, Robert Churchwell, Don Reid, Jerome Williams, Othella Harrington, Jahidi White, Ruben Boumtje-Boumtje, Mike Sweetney, Patrick Ewing Jr., DaJuan Summers, Chris Wright, Henry Sims

You can check out the full article HERE.

Georgetown will add another potential star to its already impressive stable when Otto Porter is selected as a top pick in Thursday night's Draft.

Hoya Saxa!

24 Jun 20:04

Frozen Coconut Macadamia DIY Energy Bars Recipe

by Worker Bee

Some people feel like they shouldn’t snack, but there are lots of reasons you might reach for something to tide yourself over. Maybe you’re snowed in with work and your schedule was thrown off. You could be a little hungrier than normal from yesterday’s tough workout. You could need a snack because you’re just starting with intermittent fasting or keto as your metabolism is adjusting. Quality snacks are a good thing to have on hand so you’re not caught off-guard. These homemade energy bars are perfect snacks filled with my favorite fats and very low in carbs and sugar.

Frozen Coconut Macadamia Bars are incredibly easy to make and have a deliciously decadent flavor and texture. Macadamia nuts and coconut oil add a naturally sweet

taste. Coconut flakes and chia seeds add a crunchiness that contrasts perfectly with the otherwise smooth and creamy texture of the bars.

And, that’s pretty much all there is to these bars! Just pop them into the freezer, and 30 minutes later they’re ready. Keeping the bars frozen is essential – if left out too long they’ll start to melt. The cold texture is partly what makes them so delicious, almost like a keto ice cream bar.

Feel free to add more chia seeds if you’d like. You can also drizzle some nut butter or dark melted chocolate on the bars if you’d like. Make sure to keep them stored in the freezer so they stay firm and solid. We used thick pieces of dried coconut, but you can use thinner flaked coconut as well.

Frozen Coconut Macadamia DIY Energy Bars Recipe

Ingredients

  • 1 cup dried coconut
  • 1.5 cups macadamia nuts
  • 1/2 cup coconut oil
  • 2 tbsp. chia seeds
  • 1 tsp. vanilla extract
  • Pinch of salt

Instructions:

Preheat your oven to 350 degrees Fahrenheit. Lay the coconut out on a sheet pan or baking dish and let it toast for 5-15 minutes, or until the coconut is golden.

The length of time it takes for the coconut to toast will depend on its size and thickness, so watch it closely to prevent burning. Once the coconut is toasted to your liking, remove it from the oven and allow it to cool.

Place the macadamia nuts in a food processor and blend. Once the nuts begin to crumble and turn into a paste, add the coconut oil and process until smooth. You may need to scrape the sides of the food processor down once or twice in between processing.

Add the toasted coconut, chia seeds, vanilla and salt and pulse or blend until a chunky paste forms, or until the coconut is just incorporated into the macadamia mixture.

Line a 8”x8” pan with parchment paper and pour the macadamia mixture in. Place the pan in the freezer for at least 30 minutes.

Take the pan out of the freezer and lift the parchment out. Use a knife to cut the macadamia coconut square into 12 or 16 pieces.

Keep leftover pieces in the freezer.

No-Soy_Island_Teriyaki_and_Teriyaki_Sauces_640x80
Print

Frozen Coconut Macadamia DIY Energy Bars Recipe


  • Author: Mark's Daily Apple
  • Prep Time: 10 min
  • Cook Time: 30 min
  • Total Time: 40 min
  • Yield: 12-14 bars
  • Diet: Gluten Free

Description

Frozen Macadamia Coconut Energy Bars – a low-carb, low-sugar, homemade snack that satisfies.


Ingredients

1 cup dried coconut

1.5 cups macadamia nuts

1/2 cup coconut oil

2 tbsp. chia seeds

1 tsp. vanilla extract

Pinch of salt


Instructions

Preheat your oven to 350 degrees Fahrenheit. Lay the coconut out on a sheet pan or baking dish and let it toast for 5-15 minutes, or until the coconut is golden. The length of time it takes for the coconut to toast will depend on its size and thickness, so watch it closely to prevent burning. Once the coconut is toasted to your liking, remove it from the oven and allow it to cool.

Place the macadamia nuts in a food processor and blend. Once the nuts begin to crumble and turn into a paste, add the coconut oil and process until smooth. You may need to scrape the sides of the food processor down once or twice in between processing.

Add the toasted coconut, chia seeds, vanilla and salt and pulse or blend until a chunky paste forms, or until the coconut is just incorporated into the macadamia mixture.

Line a 8”x8” pan with parchment paper and pour the macadamia mixture in. Place the pan in the freezer for at least 30 minutes.

Take the pan out of the freezer and lift the parchment out. Use a knife to cut the macadamia coconut square into 12 or 16 pieces. Keep leftover pieces in the freezer.

Notes

Feel free to add more chia seeds if you’d like.

You can drizzle some nut butter or dark melted chocolate on the bars that sounds good to you.

Make sure to keep them stored in the freezer so they stay firm and solid.

We used thick pieces of dried coconut, but you can use thinner flaked coconut as well.

  • Category: Treats, Snacks
  • Method: Freezer

Nutrition

  • Serving Size: 1/12 recipe
  • Calories: 283.8
  • Sugar: 1.5 g
  • Sodium: 15.7 mg
  • Fat: 29.2 g
  • Saturated Fat: 16.1 g
  • Unsaturated Fat: 11.28 g
  • Trans Fat: 0
  • Carbohydrates: 5.1 g
  • Fiber: 3.3 g
  • Protein: 2.3 g
  • Cholesterol: 0

Keywords: energy bars recipe

Did you make this recipe?

Share a photo and tag Mark's Daily Apple — we can't wait to see what you've made!

The post Frozen Coconut Macadamia DIY Energy Bars Recipe appeared first on Mark's Daily Apple.

21 Jun 17:49

Smoothie Recipes For Everything

by Randy

Smoothie Recipes For Everything infographic

Who knew that the solution to most our problems could be solved with a smoothie?! Smoothie Recipes For Everything infographic from Super Skinny Me gives you the ingredients and visually represents the amount of each that should put in. Trying to lose weight? Want to de-stress? Or maybe just want a bedtime drink. This infographic has it all.

Is there anything as versatile, adaptable and convenient as a smoothie? I doubt it. Nor are there many things as universally beloved.  Smoothies are scrumptious, indulgent concoctions that tickle the taste buds and, inexplicably, with every sip make you feel just a little bit happier and make the world a little bit friendlier. The smoothie is so much greater than the sum of it’s parts. And just to prove the smoothie can do no wrong, it can actually make you more awesome too.

Smoothies contain a smorgasbord of ingredients, and depending on what you throw in, smoothies can ascend from mere flavorsome delight and sweet-tooth satisfier to the dizzying heights of muscle-building, energizing, health-enhancing superdrink. Why eat just one superfood, when you can combine a load of goodness into one easily digestible drink? Plus, it’s super quick and absurdly easy to prepare, making it weirdly efficient not just nutritionally, but generally. Created in the 1940’s, but perfectly designed for 21st century living.

Smoothies can be tailored to suit your own needs. And while the flavors are virtually limitless, don’t just think about taste, but also why you’re making it. Do you want to lose weight or perhaps build muscle? Do you need a pick-me up or extra energy to power through an intense workout? Had a bad day and want to wind down? Or maybe you can’t get to sleep. With a little smoothie science, you can easily make a smoothie that doesn’t just taste good (or look pretty), but actually does something.

The major issue I have with this design is that the proportions visualized for each smoothie aren’t accurate to the recipe.  The sections are sized to fit the text, and have no relationship to the data.  Big mistake!

Also, the actual amounts of each ingredient aren’t shown.  The recipes are on the infographic landing page in the text portion, but aren’t included in the infographic itself.  The issue with infographics is that they need to include the complete information because they are shared all by themselves, without any accompanying description text.

Found on superskinnyme.com

16 Apr 13:26

Oh crap, I think I am in an enduring rivalry

by Brian Rathbun

IMG_20130301_110922I think one of the most interesting findings in all of international relations scholarship is that the disproportionate share of conflict in the international system is comprised of a few dyads fighting over and over, what are known as “enduring rivalries.” These are highly emotional conflicts in which countries are found to fight because they have fought before, not because of the presence of some tangible and intractable conflict of interest.

I avoided this work for a long, long time for a number of reasons. First, “rivalries” is a terrible, terrible moniker for what is being described and it made me not take it seriously. Rivalries sounds like Yankees-Red Sox. In reality these are at the very least like Manchester City/Manchester United in which fans actually hurt each other. Second, the enduring rivalries crowd does a really bad job drawing the consequences of their findings for international relations theory, I suspect due to the research tradition’s roots in peace research in which numbers and pushing the research agenda step by step are favored over grand theoretical statements. That is unfortunate because there is an enormous implication here. The international system is not conflict-prone due to anarchy. The international system does not really have a character at all. If it does it is mostly peaceful. Realists draw excessive conclusions from micro-level conflicts that have their own unique origins.

I think readers will be sad to hear, therefore, that I think I am in enduring rivalry with my next-door neighbors. Or if they do rational choice work or study Africa, perhaps they will be happy. Either way, let me explain.

Four years ago my family moved into a lovely house in a lovely neighborhood. I was, however, warned that my neighbors were very, very prickly and had engaged in a longstanding series of lawsuits, screaming matches and police calls with their other neighbors. Also, they were both federal prosecutors and were not to be fucked with. We vowed to be cautious and solicitous and found them to be receptive. Our kids would play outside in the front yard with theirs. We hosted the wife’s mother-in-law when she was locked outside. They lent us a patio table. We gave them a house key. Everything seemed fine.IMG_20130326_110735

Then two things happened. First, I started playing the drums again after almost a decade. I restricted practice to the daytime during the workweek but one Monday holiday (which all federal employees receive) I woke one of their kids up from a nap. The wife came aggressively to my door. I promised I would text them in the future to make sure I was not disturbing anyone. That didn’t appease them. Second, my son started playing with the son of their other neighbors. They started shielding their kids from our kids and shepherding them into the house. They felt like Wilhelmine Germany. When they yelled at my kids through the window one day for running around our house yelling, otherwise known as being kids, I confronted the wife angrily. Police were called. A decision was made that the men of the house would meet from time to time to smooth over problems. Cigars would be smoked. Penises would be compared.  It was the Concert of South Pasadena.IMG_20130326_110750

On Super Bowl Sunday, after having called the police on their other neighbors for having a party at 1pm, the husband appeared at my door asking me if I could redirect our sprinklers away from our common backyard fence and to trim the vines growing from our side as it was damaging their wood. I asked our gardener to fix the problem, who did so promptly. A week later, they decided to reach over the fence and cut down the wires we had strung to facilitate the vines. That struck me as a stupid, spiteful act, a declaration of war. Perhaps surprisingly to all of you, I did not go to Defcon Five. I wrote the husband a letter, in which I explained that I was still willing to work frictions out face to face, but that I expected reciprocity and reasonable behavior from them. The next morning, I found that they had put up a makeshift “fence” composed of stakes and ribbon in the front yard. That was their answer to my gesture, a big ‘fuck you.’ So what was I to do?

I did what anyone else would do. I constructed outdoor tableaus that exposed the absurdity of their behavior. First, I put up a sign of Reagan chiseling away at the Berlin Wall asking them to tear down this fence, using Mega Blocks to construct a guard tower. Signs pointed to West Berlin (us) and East Berlin (them). The neighborhood loved it. And as you can see, I have excellent grass.

It was at this point that, when playing the drums on a Thursday afternoon, the husband opens my garage door and asks me if I wouldn’t mind refraining as they are all home with the stomach flu. I tell him that I normally would think nothing of this request but that his recent dickish behavior convinced me that I didn’t owe him much. He promised to still be willing to reach an accommodation, as someone in a position of vomit-induced weakness might do. Trying to be the big man, I put the sticks down, which did impress my Mrs.  Two days later, now recovered, his wife though made a point of saying loudly to her children that they needed to stay away from me, the “bad man.” Cease fire broken.

I escalated, immediately setting up a demilitarized zone with North and South Korean flags and a sign in Korean warning pedestrians of the danger. Using the wires they had cut I made a fence that demarcated the DMZ, behind which stood the American (toy soldier) forces and their (nerf) missles.

So I think I am now in an enduring rivalry. I dislike them greatly but have no idea what I am fighting about except the fact that I have been fighting. I would probably choose to perpetuate the conflict rather than resolve it at this point as a result of my accumulated sense of grievance. And the status quo serves me better than the previous one because I can play the drums whenever I feel like it without any sense that I owe them anything.

Seeing as I must be armed for further escalation, I would therefore appreciate suggestions for future tableaus. I have in mind an Indian-Pakistan themed one, which is even better because my wife’s father was Indian. Wish me luck.

 

 

 

 

16 Apr 13:09

Silence

All music is just performances of 4'33" in studios where another band happened to be playing at the time.
15 Apr 13:29

Luxembourg: The Steve McQueen of Cybersecurity

by Stewart Baker
(Stewart Baker)

Here’s the scant good news on cybersecurity It’s getting harder for attackers to hide.  The same security weaknesses that bedevil our networks can be found on the systems used by our attackers. A shorter version is something I call Baker’s Law: “Our security sucks.  But so does theirs.”

That’s good news because, with a little gumption, we can exploit hacker networks, gather evidence that identifies our attackers, and eventually take action that will make them regret their career choices.

Unfortunately, the United States has been sitting out this attribution revolution.  Our vaunted CyberCommand may be energetically exploiting hacker networks, but it isn’t helping private victims of cyberespionage. Foreign governments are hacking US companies, law firms, activists, and individuals with abandon, but our government seems unable or unwilling to stop the attacks or identify the attackers.  In fact, hacking victims who want to gather evidence against the bad guys are being warned off, told that conducting a private investigation could put them at risk of prosecution.  As an anonymous Justice Department recently told the press,

“Arguments for or against hack-back efforts fall into two categories: law and policy,” the DOJ spokesman told BNA. “Both recommend against hack-back. Under current law, accessing a computer that you do not own or operate without permission is likely a violation of law. And while there might be something satisfying about the notion of hack-back on a primal level, it is not good policy either.”

Actually, the spokesman could have stated the Department’s policy even more concisely: “We don’t know how to protect you, but we do know how to keep you from protecting yourselves.”

Justice wants to cut off the debate over hacking back. But it’s too late for that.  Even if Justice adopts something tougher than its carefully qualified (and longstanding) statement that hackbacks are “likely a violation” of federal law, all it can really do is drive hackbacks offshore, leaving US companies more exposed to intrusions than companies in more tough-minded jurisdictions.

Exhibit A for this theory is a recent cybersecurity report from two Luxembourg entities, a private computer incident response team and iTrust Consulting.  Because it turns out that, as far as hackbacks go, little Luxembourg has more cojones than the entire United States cybersecurity establishment.

The report, by Paul Rascagnères, focuses on “APT1” — the cyberespionage gang recently identified by Mandiant as Unit 61398 of the Chinese People’s Liberation Army.  For those of us who think hackback is a useful cybersecurity policy tool, the report is both informative and fun — because Rascagnères served APT1 a double helping of what the unit has been dishing out to the rest of us for years.  ITrust logo

Inspired by Mandiant, Rascagnères decided to go hunting for the hacking unit’s command and control infrastructure.  Unlike Mandiant, though, he didn’t start with victims and track back to the controllers.  Instead, he started at the other end, scanning whole networks of machines to find ones that were running Poison Ivy, the hackers’ favorite Remote Access Tool, or RAT.  Poison Ivy operates in a client-server model, where the client is installed on a victim’s computer and connects to the attacker’s server. The server software presents a graphical user interface for surreptitiously controlling another persons computer. (Several screenshots of this “exploit GUI” are included in the report.)

The first thing Rascagnères discovered was that APT1 only ran its Poison Ivy servers during office hours – 8 to 5 Shanghai time. That by itself was a pretty good clue for attribution, but Rascagnères was just getting started.

Building on another researcher’s identification of weaknesses in Poison Ivy, Rascagnères did what any red-blooded Luxembourger would do (someone please cover the Justice Department’s eyes):  he broke into and mapped the hackers’ exploitation network.

And he collected valuable intelligence about how the Chinese unit is responding to the publicity generated by Mandiant’s report.  The Mandiant report described a unit that controlled many victims through a single command and control server, often a compromised machine in the United States.  This meant that when Mandiant got access to that command and control machine, Mandiant could identify dozens of other victim networks.

What Rascagnères found was more sophisticated – and partially protected from Mandiant’s technique.  Now, it appears, the Chinese hacking unit is covering its tracks by assigning every victim his own dedicated proxy server connected to his own Poison Ivy server. Both machines are remotely controlled by mechanisms (Remote Desktop Protocol and VMWare remote desktop) that obscure the actual location of APT1.  All of this makes it much harder to develop signatures of compromise, since exposing one exfiltration route reveals only a single “bad” IP address and no additional victims.

But Rascagnères caught the Chinese unit recycling IP addresses. When a victim realized he’d been infiltrated and started blocking his dedicated Poison Ivy IP address, the unit simply assigned that address to a different victim. So it’s still possible to assemble a list of victims and bad IP addresses, but only if each victim shares every “bad” IP address used against him, and that information is widely disseminated to other potential victims.  These changes tell us a couple of things about the Chinese unit.  First, they’re too cheap, too poor, or too invested to get a new IP address for every new compromise; that’s
Apt1 diagram a weakness we can work.  And second, given how easily their new scheme can be defeated by widespread information sharing, they must be betting against adoption of CISPA. (The ACLU must be really popular these days in Beijing.)

Even these discoveries didn’t end the drama.  At one point, the Chinese hackers realized that their network had been penetrated.  They started searching for the intruder, but so hamhandedly that he spotted the effort.  He installed a keylogger on the Poison Ivy servers that he had hacked and waited for the Chinese to log in to their proxy servers.  Then he dropped his compromised connection to the Poison Ivy servers and instead hacked the proxy servers using the Chinese hackers’ credentials. Once in the proxy server, his connection to the network looked like every other victim network communicating with its controller.

That’s impressive but Luxembourg’s finest wasn’t even close to done. While he was in the hacker’s network Rascagnères copied their remote access logs to map the attackers’ workstation machines.  Then he rifled the Poison Ivy servers to find the tools the hackers were using — as well as all the data they were stealing from victim networks. The data had been password-protected by the hackers, so he brute-forced their passwords. And, while the Chinese unit was probably still desperately trying to figure out whether they’d successfully locked the intruder out, he exfiltrated  all their stuff out from under their noses.

For those who’ve been the victims of Unit 61398, that sure sounds familiar.  And deeply satisfying.  Unless you’re the United States Justice Department, in which case it sounds like a felony, and “not good policy either.”

Justice couldn’t be more wrong.  This kind of tactic is absolutely essential if we want to create an effective defense against cyberespionage. Thanks to Luxembourg’s machismo, we won’t have to learn Unit 61398’s new tactics by trial and error; and we already have ways to thwart the new tactics, plus a store of tools and stolen data.

Oh and one more thing:  while he was playing with their command and control system, Rascagnères discovered that it didn’t correctly parse data sent by a victim machine.  Using that flaw, he wrote what looks to me like the first public zero-day exploit of the hackers’ own tool and released the code for other researchers to use.

Perhaps the Justice Department thinks that the government could have found all of this out on its own.  Maybe the government already knows all this from its own supersecret penetrations of Chinese hacker networks, achieved without any help from vigilantes like Rascagnères.  I kind of doubt it, but the more important fact is that it doesn’t really matter to all the private victims in this country what the government knows.  We need to know it too.  And because it wants to protect its sources and methods, the government isn’t likely ever to tell us.  After all, it didn’t tell us about Unit 61398, or about Luckycat, or about Ghostnet.  Everything we know about China’s hackers we owe to brave private citizens like Trend Micro and Mandiant and Citizen Lab, who went right up to the line that Justice is busily waving everyone away from.

Now we owe a lot to Paul Rascagnères, though he seems to have treated the Justice Department’s line the way Steve McQueen treated the fence in The Great Escape.

Well, God bless him, he’s showing us a new path to cybersecurity.  It’s better than the old path, for sure.  And no matter what the Justice Department says to American companies, the rest of the world is going to follow.

ART CREDIT: iTrust Consulting and Malware.lu

CAVEAT:  As always, I welcome corrections to my understanding of technical matters.

 

08 Apr 20:38

Mad Men

by krepon

There’s a Mad Man Theory of Deterrence. Does it apply to arms control, too?

Here’s the keeper Mad Man quote, found in Richard M. Nixon’s The Real War (1980):

International relations are a lot like poker – stud poker with a hole card… Our only covered card is the will, nerve, and unpredictability of the President – his ability to make the enemy think twice about raising the ante… If the adversary feels that you are unpredictable, even rash, he will be deterred from pressing you too far.

Nixon, Kissinger, Reagan, Shultz, Nitze and others applied a variation of this approach to arms control negotiations with the Soviet Union. The keys to success were to make the Kremlin feel that you were willing to out-build and negate his deterrent, while stringing Moscow along in arms control negotiations. Then you could get a sweetheart deal.

Nixon and Kissinger tried to apply this approach to the SALT negotiations, but they were stymied on multiple fronts. The Soviet Union, not the United States, had more active production lines for missiles and submarines; US programs were either on the drawing boards or just entering production. MIRVs got the Kremlin’s attention, but this US technological advantage couldn’t be used as leverage, because the Pentagon and Hawks on Capitol Hill refused to cash MIRVs in.

Ballistic missile defenses were the Nixon/Kissinger hole card, because concern over their deployment resides in the Kremlin’s DNA. But the White House was stymied on this front, too. Congressional opposition to national missile defense deployments was unyielding, and not enough voters wanted nuclear-tipped interceptors in their backyards. Besides, technical problems were insurmountable back then, even against rudimentary offenses. The Pentagon didn’t have enough money for missile defenses as well as strategic modernization programs. When left to choose, sound military judgment opted for more offense, rather than a deeply suspect defense.

Nixon and Kissinger, the master geo-politicians of the 1970s, did poorly in negotiating restraints on strategic offensive forces. They were too eager for a blockbuster deal before the 1972 election, and too hamstrung by conditions they could not shape. The Kremlin held a better hand.

Tables were turned during the Reagan administration. President Carter and his SALT II Treaty were shown the door. The incoming president called for a major boost in defense spending, including a host of strategic modernization programs, at a time when the Soviet Union’s economy was just beginning to crater. On top of this, paranoid septuagenarians in the Politburo witnessed the second coming of BMD – space-based, no less. Technically and financially speaking, the Strategic Defense Initiative was a non-starter, but until Mikhail Gorbachev took the helm, the Kremlin was nearly apoplectic about SDI.

President Reagan placed hard-liners at key posts, tabled lop-sided negotiating proposals that appeared to be non-starters – not just to the Kremlin, but also to some Reagan administration officials, U.S. allies, and to the President’s domestic critics. Money flowed into SDI and U.S. strategic modernization programs, weapons with preemption-like characteristics began to be deployed in Europe, and the President seemed in no hurry to negotiate deals.

In other words, the Reagan administration accrued extraordinary negotiating leverage. Once its internecine battles were resolved in favor of pragmatists and against hard-liners, and once Gorbachev replaced his sclerotic predecessors, sweetheart deals became possible. Whether by design or by circumstance, President Reagan demonstrated the Mad Man Theory of Arms Control.

Can a U.S. President play these cards once again? Not in the same way. It’s quite possible that Washington could still be roused to compete intensely for military advantage in space, if prompted to do so by the People’s Liberation Army. In which case, the wraps would be off the Pentagon, and Beijing would find itself at a disadvantage and thus become more inclined toward deal-making. A far simpler and safer approach would be for Washington and Beijing to reach tacit agreements to avoid dangerous activities in space, reflected in a Code of Conduct for responsible space-faring nations.

As for a classical strategic build-up to secure another sweetheart nuclear arms reduction deal, don’t hold your breath. Pentagon budgets are constrained, the impulse for nuclear arms racing in the United States has long since passed, and Senate Republicans are uninterested in treaties. Under these conditions, the dynamic of using nuclear build-ups to get treaties, and using treaties to get strategic modernization programs, has lost traction.

Without treaties, without cash, and without negotiating brinksmanship, forget the Mad Man Theory of Arms Control. What’s left? The Mad Man Theory of Nuclear Deterrence. For the latest iteration, check out the statements broadcast from Pyongyang.

05 Apr 17:33

North Carolina Legislators Arguing That the Establishment Clause Should Be Seen as Not Incorporated Against the States by the Fourteenth Amendment

by Eugene Volokh
(Eugene Volokh)

A bunch of readers pointed me to a North Carolina bill that would express the legislators’ view that the Establishment Clause shouldn’t be seen as applicable to the states, so I thought I’d offer some general thoughts about the subject. Here is the bill, in relevant part:

The North Carolina General Assembly asserts that the Constitution of the United States of America does not prohibit states or their subsidiaries from making laws respecting an establishment of religion.

The North Carolina General Assembly does not recognize federal court rulings which prohibit and otherwise regulate the State of North Carolina, its public schools, or any political subdivisions of the State from making laws respecting an establishment of religion.

Recall that the Bill of Rights originally didn’t apply to the states, and indeed several states (not including North Carolina) had official establishments of religion at the time the Bill of Rights was enacted, with the last being disestablished in the 1830s. It’s the Fourteenth Amendment that has been read as applying the Bill of Rights to the states, through its statement that “nor shall any State deprive any person of life, liberty, or property, without due process of law,” though many scholars and some judges have argued that the incorporation should have taken place through another clause of the Amendment, “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”

And a few scholars and judges have indeed argued that this language should not be read as incorporating the Establishment Clause; the most prominent examples have been Justice Thomas and Prof. Akhil Amar. The chief argument for this view is that the Establishment Clause was originally understood as a federalism guarantee, with the ban on federal laws “respecting an establishment of religion” meaning that the federal government could neither establish a national religion nor disestablish (or otherwise modify) state establishments of religion. Another possible argument is that the Establishment Clause differs from most Bill of Rights guarantees in that much action that is seen as violating the Establishment Clause — such as government endorsement of religious messages and symbols — doesn’t deprive anyone of liberty, or abridge any citizen’s privileges or immunities. (Action that does directly implicate people’s liberty, such as coercion of religious practice, might be prohibited by other provisions, such as the Free Exercise Clause and Free Speech Clause, which have been relatively uncontroversially incorporated against the states; likewise, action that denies people tangible benefits based on their denomination or their irreligiosity might be seen as prohibited by the Free Exercise Clause or the Equal Protection Clause.) The North Carolina legislators seem to be siding with this position.

Of course, state law can’t trump federal court decisions on this, and if a federal court orders state officials to (for instance) discontinue certain kinds of prayers at the start of city council meetings, or to remove some monument, state officials will still have to follow such a court order. And if the “does not recognize federal court rulings” language proposal is read as a call for outright disobedience of court orders on such matters, that would be bad. In theory, government officials’ disobedience of court orders may be proper, in cases of extreme moral urgency, despite the damage that such disobedience does to the rule of law; but it’s hard for me to see this as such a case.

But if that language means that the legislators aren’t actually trying to call for refusal to enforce court orders, but are just trying to get the North Carolina Legislature to express its view that the decisions incorporating the Establishment Clause are unsound and even illegitimate, then the proposal becomes just a political statement in favor of the “Establishment Clause is not incorporated” position. The legislators’ hope, under this reading, would be that over time this stance — presumably coupled with similar stances in other states — will influence the Supreme Court to change its view.

The proposal would thus be part of a conversation about what the law ought to be, a conversation in which the Supreme Court generally has the final legal voice (subject to the Article V amendment process, the President’s power to nominate new Justices, and similar constraints) but in which it rightly can’t have the final political voice. And there are plausible original meaning arguments and plausible political morality and prudence arguments in favor of the “no incorporation of the Establishment Clause” view, though of course also plausible arguments against that view. (As a policy matter, I think the country would be better off without legislative prayers, and even without “under God” in the Pledge of Allegiance and Ten Commandments monuments. But I’m not sure that the country is better off as a result of the federal courts’ decision to police such matters, especially at the state and local level — it may well be that the incorporation of the Establishment Clause, especially as to government speech, has caused more religious tension than it has prevented.)

UPDATE: I originally said “several states (not including North Carolina) had official establishments of religion until the 1830s,” but a commenter correctly pointed out that, though several states had official establishments after the Bill of Rights, only one — Massachusetts — endured into the 1830s.

05 Apr 17:30

Hating Bush: Can we talk about Iraq yet?

by Tom

Rumsfeld describes how much thought he gave to Iraqi reconstruction

I’ve delayed posting this for a few days, in part because I just moved and I’m up to my armpits in cardboard boxes, but also because I wrote it initially for Duck of Minerva, the inside-baseball site for the international relations profession. My colleague Bob Kelly of Pusan National University in South Korea had written a group of posts on the IR profession and the 10th anniversary of the war, and I took issue with some of them; Bob, in the spirit of free exchange, asked me to write up my thoughts for the site, which he then re-posted at his site on Asian security issues.

The short version of what I’ve written is that I don’t think the irrational hating on George W. Bush is over yet, and until that ends, we’re not going to have a lot of productive discussions of the war. It took more than 10 years before we could have rational discussions about Vietnam, and I think we’re in a similar situation today. Of course, that’s generated some strong responses, including Dan Nexon of Georgetown, who took me to task pretty effectively for basically dismissing the war’s critics as victims of Bush Derangement Syndrome.

I’ll respond to Dan after thinking a bit more, but his criticisms are not entirely fair. A lot of conservatives, including me, despaired the day Bush hung medals on George “slam dunk” Tenet, Paul Bremer, and Tommy Franks, which was one of the most unseemly public screw-you pay-backs I’ve ever seen a president aim at his critics. Believe me, we’re not cheerleaders for W.

Moreover, critics (including Dan) have argued that I’m just kicking predictable venues like the New York Times in the shins. But this, if I may, is where the liberal “bubble” comes in: people who have never defended the war have no idea how fast any conversation with those of us who supported it degenerates into nearly rabid ranting about Bush and Cheney.

I mean, seriously: I could fill pages with examples of the visceral hatred of Bush and, perhaps even more so, of Vice President Dick Cheney. (My favorite? Former and present Congressman Alan Grayson, who once said he can’t concentrate on what Cheney says “because of the blood that drips from his teeth while he’s talking.” Nice.) I think we, as scholars, can’t ignore the degree to which our own profession, the national media, a significant portion of our political class, and many (if not most) entertainers and cultural leaders opposed the war mostly because they despised Bush personally. That emotional fixation on Bush warps the national conversation even today.

One more quick thought: think about the harsh, warlike rhetoric that came out of the Clinton administration in the late 1990s, and the way the national press and the Democrats in Congress lined up quickly to say that there was no death too horrible for Saddam. Indeed, it was Clinton, not Bush, who first tried to link al-Qaeda to Iraq. (Don’t believe me? Bet me. I dare you.)

So it was okay when Clinton said it, but when Bush said almost exactly the same thing, it was criminal negligence. Hmm. I’ll expand on this when I reply to Dan, but imagine — I mean just imagine — if Bush had launched an attack on a foreign country just before an impeachment vote. We’d still be burning him in effigy, instead of yukking it up with him as our first celebrity ex-Prez the way we do today with Clinton. I’m willing to accept that I’m being too hard on the war’s critics, but there is a major double-standard at work here.

Anyway, here’s the original piece. More to come.

http://www.hackphone.co.il/images/Page%20Divider%20Deco.jpg

I’ve been reading Bob Kelly’s thoughts – cogent as always – on the 10th anniversary of Iraq. I reject Bob’s exploration of the “culpability” of the IR field for providing any kind of intellectual infrastructure for the war, mostly because I don’t think anyone in Washington, then or now, listens to us, and for good reason. Joe Nye long ago lamented that lack of influence elsewhere, others agree  by “others” I mean “me”) and so I won’t rehearse it here.

Bob and I sort of agree that the outcome of the war doesn’t say much about the prescience of at least some of the war’s opponents: there were people whose default position was almost any exercise of U.S. power is likely to be bad, and they don’t get points for being right by accident.

But Bob’s right to make the far more important point about what we do “if we knew then what we know now.” I’m not as sure as he is that there was ever a “neo-con theory of the war,” which I think grants too much coherence to Bush’s advisors. But he zeroes in on the key question: what, if any, arguments at this point can be mustered to defend the war?

After reading the various pieces here and thinking about Bob’s iterations of the discussion, here’s what I really think about Bob’s question on the tenth anniversary of the Iraq War:

I think it’s too soon.

Now, don’t get me wrong. I don’t mean it’s “too soon” to start sorting out the damage. Actually, the sooner we do that, the better. There’s a lot to learn from the war, and some of those lessons – especially about planning, dysfunctional civil-military relations, the dangers of script-writing an invasion, and the hazards of half-baked notions about “military transformation” – are already clear and should be incorporated into our thinking about national security.

I also don’t mean “too soon” in terms of drawing historical lessons – although I think it’s too soon for that, as well. I don’t think we know, really, anything about the long-term outcome of the war and its effect on either the Middle East or the world. That whole exercise, in which people who should know better confidently explain “What It All Means,” is pure nonsense. (Sadly, I said a lot of dumb things at the time, too. Guilty.)

IR scholars don’t need to be reminded that wars have unforeseeable consequences that can take a long, long time to coalesce. Seriously: imagine talking about the outcome of the Korean War a decade after its end. Truman left office with an approval rating measured in scientific notation. We replaced him with a four-star general after a national flirtation with Douglas MacArthur, whom history should revile more than it does. By 1963, “counter-insurgency” and “limited war” were all the rage. And really, it’s not like we’ll end up staying on the Korean peninsula for another fifty years or anything…

Or imagine reassessing Vietnam in 1985, ten years after the fall of Saigon. The United States is only just back on its feet after a crushing recession and a surge in Soviet power in the late 1970s. Who could deny that Vietnam was a miserable failure, a distraction and a foolish waste of resources? After all, the whole thing was really just a nationalist struggle that we misinterpreted as a communist coalition war, wasn’t it?

Now fast-forward after twenty years, to 1995. Now, the Soviet Union…wait, there isn’t a Soviet Union. Revelations from Moscow, Beijing, and Hanoi are just beginning to tell us an ugly story, one that involves words like “domino” and “theory” that no one would have taken seriously even twenty years earlier. Books like Michael Lind’s volume start appearing, in which Vietnam is called the Cold War’s “Dunkirk,” and the shouting starts all over again and hasn’t stopped since.

Let’s also admit there’s a dishonesty in all these “was it worth it?” discussions. There’s no adequate calculus for the measure of a human life; no one should look a grieving parent in the eye and say these wars, any of them, were worth it.

But again, none of this is why I think it’s too soon to talk about the war.

The real reason it’s “too soon” is that many American liberals and American academics (not always the same group, I grant) still cannot think rationally about the war because they still cannot let go of their desire for revenge on George W. Bush.

Sadly, this obsession with Bush really has far less to do with the war per se than with an overall burning hatred harbored by intellectuals for the 43rd president. So while I commend Bob for his calmness and his attempt to find some kind of path to a rational discussion here, I think that there still aren’t many people who are willing to think about this beyond their emotional reactions to Bush. (I can think of the exceptions, like NDU’s Joe Collins and his sobering 2008 report, and count them on one or two hands.)

Just look at some of the stuff that’s been published on the occasion of the anniversary by Bush’s critics, and you’ll see what I mean. All of it is aimed not so much at a consideration of Bob Kelly’s question – especially whether there was a good reason to go to war – but more at a furious attempt to hang everyone involved.

Gawker.com, for example, claimed to have hacked Bush’s personal email and invited people to “wish George Bush a Happy Iraq War Day.”  The usual suspects – let’s just use Michael Moore, because he’s predictable – claimed that Bush basically got away with “murder,” and should be in jail.

But even people with intelligence and wisdom lose their perspective when talking about Bush and his coterie. Consider Andy Bacevich’s recent piece in Harper’s, where he taunts Paul Wolfowitz about writing a memoir. The piece is one of Bacevich’s best: there are a few people out there whose writing not only inspires me, but also provokes my envy at their skill. Andy is one of them.

That skill, however, doesn’t hide the fact that Bacevich doesn’t really want to have a discussion about the war. He wants Paul Wolfowitz – and pretty much everyone else involved in the war – to go before the American people, fall on their knees, and beg for mercy:

To be sure, whatever you might choose to say, you’ll be vilified, as Robert McNamara was vilifed when he broke his long silence and admitted that he’d been “wrong, terribly wrong” about Vietnam. But help us learn the lessons of Iraq so that we might extract from it something of value in return for all the sacrifices made there. Forgive me for saying so, but you owe it to your country.

Give it a shot.

Well.  Who wouldn’t be inspired to write an honest and introspective book after that warning, which amounts to a demand not for a memoir, but for a confession? It’s like Brian Dennehy’s line in the classic movie Silverado, when he tells a captured man not to worry: “We’re going to give you a fair trial, and then a first-class hangin’.”

I’ve singled out Bacevich’s piece, paradoxically, because it’s good. It’s a great read. But the tone is pure acid – as are so many of the other “analyses” of the war.

This isn’t the place to go into why liberals hate Bush so much. That they do, and that they will violate even basic norms of intellectual inquiry when discussing his presidency, is beyond dispute. My colleague Steve Knott has written a devastating book whose title says it all: Rush to Judgment. Knott documented how presidential historians essentially discarded any scholarly standards in trying to assess the Bush presidency even before it was over.

History will vindicate us, right?

More recently, Steve did a piece in the Wall Street Journal pointing out that there was a time when almost everyone on the planet agreed that there were WMD in Iraq. (He also tells a great story about how someone in the Clinton administration, likely Madeleine Albright, wanted to engineer a military crisis with Iraq. How soon we forget.) Steve tells me that he has gotten hate mail for that piece like he’s never seen before. He’s a little surprised. I’m not.

My own theory is that intellectuals hated Bush not for what he did, but for who he was. Specifically, they hated him because he didn’t care about them. It’s important to remember that many people espouse politics as a form of self-actualization: they choose political positions based on what they think those positions say about themselves to others: “I support Obamacare because I love the poor, and that makes me a good person, and certainly a better person than you,” or “I hate gay marriage because Jesus loves me more than you and I’m going to Heaven.” Sanctimony is always the dread companion of political conviction.

Bush, in going to war, clearly didn’t care what a group of professors wanted, or what they said in a New York Times full-page ad.  That whole thing, in fact, reminded me of a story I heard about Jesse Helms, which I could swear was printed somewhere back in the ‘90s, so maybe it’s not apocryphal. The short version is that some staffer came in all in a lather because the Times had, as usual, dumped on Helms, and the kid wanted to write a rebuttal. Helms said: “Well, son, that’s just fine, and you go ahead and do that, but I have to tell you: I don’t read the New York Times. And nobody I know reads the New York Times.”

If you want to piss off the New York Times and the people who adore it, that’s the quickest way to do it, because it says to them the one thing they cannot bear: You did not matter in this decision. And until those psychic wounds heal, a lot of people are going to carry just too much baggage into this discussion.

Still, Bob asked a real question, so at the end here, I’ll answer it.

I supported the war, just as I supported the 1991 war. (I drafted Senator John Heinz’s floor statement explaining his vote in that one.)  I supported regime change in Iraq as early as 1994. Like most people, I thought we had done our job after kicking Saddam out of Kuwait. I underestimated his staying power, and I thought soon after the end of that first war that we had any number of reasons to go back to war, including Saddam’s plot to kill the first President Bush, his attempt to exterminate the Marsh Arabs, and his repeated violations of the UN cease-fire resolution.

Nonetheless, we screwed up the execution beyond belief. I have spent ten years in classrooms with many of the men and women who saw it first-hand, some of whom paid dearly for the arrogance of Rumsfeld and others. I am continually stunned by what I hear, and I can only agree with Ambassador Barbara Bodine, who often said: “There were 500 ways to do it wrong, and two or three ways to do it right. What I we didn’t understand was that we were going to go through all 500.”

That doesn’t mean I think the war was immoral, criminal, or based on lies. I think lives, American, Allied, and Iraqi, were recklessly thrown away, just as they were in the horrendous island-hopping campaign in the Pacific in World War II, as they were in the push to the Chinese border in Korea, as they were every day in Vietnam.

But unlike a lot of my colleagues, I don’t think I know what the war “means” just yet. And I’m not ready to convene any kangaroo courts: not for Bush, not for his advisors, not for the media, not for the academy, nor for anyone else.

At least not yet.

03 Apr 16:41

How to Use the Friday Success Stories to Grok On and Keep Evolving

by Mark Sisson

4MThis is a guest post from Susan Alexander of app4Mind.com.

I study behavior modification like Mark studies nutrition, movement, and lifestyle. He’s created a paradigm of related principles for Primal living, as I’ve created a paradigm for self-chosen life change. Our similar interests, along with the fact that I’m a longtime member of the MDA community, is how I’ve come to write this post. Reading the Success Stories every Friday for as long as Mark’s been posting them, I’ve figured something out. There are common threads running through these stories that explain why so many different kinds of people, in so many different circumstances and walks of life, have been able to transform themselves through the PB.

This post is about those common threads. They happen to be the essential behavioral principles that enable us to make a substantial life change and sustain it – which is what we’re all endeavoring to do here in becoming and being Primal. None of us has it completely nailed. The point of the PB is to keep evolving. The point of this post is to help everyone do just that. So let’s get started, shall we? Here are the common threads:

Evolutionary belief

The Success Story writers share the basic core belief that they can evolve themselves throughout their lives. In other words, they believe this basic idea: “The way I am now is not the way I always have to be.” This belief is known as the growth mindset, identified and studied over a 20 year period by Stanford psychologist Carol Dweck.

Mindset solo1Mindset is reflected in what people do – as we see over and over again in the Success Stories. People who think they can evolve themselves do evolve themselves. We see a wide array of approaches to getting started, all of which worked. See e.g. Ed & Amy (“it struck a beautiful chord with us …. we tossed everything in the house”); Michael (“After reading MDA for a day I decided to abandon the vegetarian path entirely and take the plunge into the Primal lifestyle”); Katie (“I wasn’t totally convinced of the fat thing right away …. over the course of a year I made small changes”); Myra (“I decided to give this Primal thing a try for a week.”); Lee (“Without a lot of thought or effort, I transitioned into it.”); Adina (“I spent the next few months reconsidering why I’d become vegan.”).

The opposite of the growth mindset is the fixed mindset. As Primal followers, we hear it all the time in people who say things like: “I could never do that;” “I don’t have the genes for that kind of body;” “The treadmill is fine for me.” The bottom line is this: fixed mindset people don’t think they can change very much. They think their skills, aptitudes, and temperament are fixed, so they themselves are fixed. That’s why they’re not open to change.

Not everyone in the non-Primal world has a fixed mindset. There are plenty of growth mindset people out there who just haven’t heard of the PB or decided to try it yet. As for the fixed mindset people out there, there’s hope. Switching from a fixed mindset to a growth mindset is easier than you might think. Just knowing about the two mindsets enables you to spot the thoughts that go with each one. You’ll start catching yourself in fixed mode, and from there, you can consciously switch into growth mode. After a while, it won’t take so much conscious effort. The growth mindset just becomes yours.

Takeaway #1: The growth mindset is, by its nature, evolutionary. It’s the simple belief that we can change and grow throughout life, through our own efforts. This belief is a major common thread running through the Success Stories. Its opposite is the fixed mindset belief that the way we are now is the way we always have to be. If you’re on the fence about going Primal, or you’re already Primal but you’re feeling stuck, there may be some fixed mindset thoughts going on in your head that are holding you back. Work on a mindset switch first. Read some success stories – it’s a great way to get some growth mindset optimism. Then try something new or different from what you’re doing now.

Evolutionary action

Another common thread running through the Success Stories is evolutionary action. We see all the writers evolving their efforts (and themselves) over time, in a continuous, iterative way. They all see the Primal Blueprint as exactly what it is – a continuing, lifelong process (as opposed to a “diet,” a quick fix, or something they’re doing just for now). See e.g. Mike (“My idea of fun is bettering myself and continuing to learn”); Myra (“My Primal journey continues as I try out different things and continue to learn how my body wants me to live.”); Jeffrey (“This has become much more than a way to lose weight for me, it is ingrained into who I am”); Katie (“I’m still learning and tweaking every day”); Jesse & Vickie (“We knew we wouldn’t be ripped in just 21 days”).

motion soloThis continuous, iterative approach to Primal is reflective of what I call the motion loop – which is simply my illustrated distillation of the classic trial and error process through which all species in the universe evolved. When it comes to evolving ourselves throughout life, we follow the same course. To find what works for us – in all that we do – we do as the arrows say: we try things out, we learn from the results of our efforts, and rework what we’ve done. Then we try out our rework, learn from that, and rework again. To keep evolving our efforts and ourselves, we keep looping, over and over, just like this.

We see in the Success Stories that the motion loop is not a theory. It’s how effective people work in real life. We see each of the writers embracing the PB over time in just this way, without the objective of getting “done.” See e.g. Sean (“The Primal life is not a diet to me and has no ultimate finish line”); Dave (“Learning is something I will do forever and this way is a great place to learn … to live … to experiment and find your space that works for you”).

Takeaway #2: The motion loop reflects the classic trial and error process by which all species in the universe evolved. On an individual level, it’s our means of self-evolution. By staying in the motion loop with whatever we’re doing, whether it’s the PB or something else, we keep evolving our efforts and ourselves.

Evolutionary feedback

Evolution is chaos with feedback. – Joe Ford

The next common thread running through the Success Stories is the reliance on feedback. All the writers rely on it to keep their Primal journeys evolving. As we’ve already seen, feedback is an integral part of the motion loop. It’s precisely what the writers look to (and all of us must look to ) in order learn from our efforts and keep the motion loop going.

There are two main kinds of feedback running through the Success Stories: feeling and tracking. Let’s look at both.

Feeling

Every single story details the feelings that arose from going Primal. The writers recount a wide range of physical to emotional feelings, with a lot of overlap. See e.g. Heath (“I now feel that I have a new lease on life”); J.P. (“I started to become more patient with people … and overall felt better emotionally. I literally was becoming happier”); Nikki (“I feel like I’m living my life the way I should be”); Cynthia & Paul (“feeling super fit and healthy all while training less and being true to our Primal selves”).

Feelings are a crucial source of feedback in any change we make, whether it’s going Primal, trying something new in our Primal journey, or some other change. Why are feelings so crucial? Because how something makes us feel has everything to do with whether we keep doing it. Decades of research by preeminent psychologist Mihalyi Csikszentmihalyi explains why. His work can be distilled into this simple idea: Extrinsic motivation may be present somewhere in the background, but it’s rarely the main reason we do what we do. We humans like the feeling of evolving ourselves – by building skills, overcoming challenges, and being part of a process that leads to a higher level of harmony in life – so when we find something that gives us this feeling, and it’s learnable and accessible to us, we keep doing it.

Another way to view evolution is to see it not as the selective survival of life forms such as dinosaurs or elephants, but of information. Inside each person there is a wonderful capacity to reflect on the information that the various sense organs register, and to direct and control these experiences …. [H]aving a self-reflective consciousness allows us to write our own programs for action, and make decisions for which no genetic instructions existed before. – Mihalyi Csikszentmihalyi

The PB is precisely that something, for everyone who’s written a Success Story and for the whole MDA community. There are lots of specific reasons we all can list for being Primal, but in its simplest terms, what’s really going on is this: We do it because we like it. We like it because it feels good. Self-evolution is inherently likable.

If you’ve been skimming this post, this is a good time to start reading every word, because what I’m about to tell you will change your life.

There is a particular feeling that shows up again and again in the Success Stories that’s not well understood but very powerful. Acclaimed author and psychiatrist Edward Hallowell calls it mastery. I’ve renamed it slightly. I call it micro-mastery to differentiate it from what we normally think of when we hear the word mastery.

Micro-mastery isn’t full mastery, as in the way Picasso mastered art or Wayne Gretzky mastered hockey. It’s something completely different. As Dr. Hallowell explains, it is not an accomplishment or the reaching of a goal. Instead, it’s that simple feeling of “Now I get it!” or “I can do it!” that comes when you’ve been trying hard to do something, and you do a small part of it just well enough to give you that feeling.

That’s it. That’s all micro-mastery is – a feeling. It seems small, but it’s huge. Because we humans like that feeling. So when we feel it, we’ll work to feel it again and again. When we’ll work to feel something, it means we’re intrinsically motivated. Thus, micro-mastery is a source of intrinsic motivation we make ourselves, through our own actions.

The Success Stories are a beautiful treasure trove of written accounts of self-made motivation brought on by micro-mastery. Over and over, we see writers come right out and say, unequivocally, that when they felt one part of the PB working, even just a little bit, it motivated them to go farther in their Primal journeys. Great examples are Andy, Keri, and Jenna:

  • Andy saw his weight drop a bit in each of his first 3 weeks of going Primal. “Talk about motivation!” he wrote. By his own account, it’s precisely what lead to his gradual, linear pursuit of athletic goals (a 5k, a 10K, and a 1/2 marathon).
  • Keri found herself where a lot of women runners do: gaining weight while training. Stumbling on MDA lead her to shift her macronutrient balance (to more protein and fat and fewer carbs). From that, she felt herself transform from a sugar burner into a fat burner, and she loved the feeling. Finding she could train on fewer carbs and have great race results, her motivation shifted as well. It became more intrinsic and less extrinsic. Here are her exact words: “I am not sure where my running will take me in the future but I know that the motivation will be from the pure enjoyment of getting outside every morning … not the calories burned.”
  • Jenna felt her breathing improve and her weight drop a little. That motivated her to start exercising – and she soon started liking the feeling of exercise, so she didn’t have to make herself do it anymore. She did it because she wanted to. She wrote: “There are so many gifts I have gotten from following the PB. My health, my motivation, my identity …. I am getting stronger, and exercising more because I enjoy it now, not because it’s a chore.”

Takeaway #3: Feedback from feelings fuels the the Primal process, because how something makes us feel has everything to do with whether we keep doing it. As we see in the Success Stories, many different kinds of feelings serve as valuable feedback. One of those feelings is micro-mastery. It’s important because it’s a source of intrinsic motivation. Once we feel micro-mastery, we’re on our way to being intrinsically motivated, because we like the feeling so much that we want to feel it again and again. Thus, it’s not true that we have to be motivated first, before we get started making a change in our lives. We can get started even when we don’t want to, and even when we think we’re not “ready.” Because motivation kicks in during the process. We create it ourselves by reaching micro-mastery, over and over in the motion loop.

Tracking

Tracking is another common thread running through the Success Stories. By tracking, I mean that the writers used metrics of some kind to gauge what works and what doesn’t. Their metrics reflected their reasons for going Primal. For example, PaleoBird and Andrew went Primal to lose weight (among other reasons). Through self-experimentation, they both found that carb reduction alone wasn’t effective, so they both restricted calories as well. So their metrics and tracking focused on those things in the weight loss part of their efforts.

While weight loss is a common reason for going Primal, it’s not the only reason. The Success Stories make this clear. The writers had many other concerns, and they chose the PB, at least in part, as a means to healing themselves in some way or addressing medical conditions. As such, their metrics reflected those things. Katie created pie charts of the foods she was eating to get at the cause of her migraines (among other reasons). Michael kept medical stats relating to an array of health concerns.

It does seem that a few writers geeked out over going Primal for the pure enjoyment of geeking out, and that’s a great thing. It got them into the flow of their Primal Journeys and kept them focused. See e.g. Shane (charted his entire first year of being Primal); Jason (tracked weight, carb count, and blood work in his transformation from sugar burner to fat burner). There’s much to learn from their efforts, so be sure to have a look.

Tracking doesn’t have to to be elaborate, and it doesn’t even have to include numbers. You can keep a simple journal and write whatever is meaningful and helpful to you.

Takeaway #4: Tracking is a powerful source of feedback. There are as many ways to track as there are people tracking. The idea is to track what’s important to you in a way that makes sense for you and the change you’re making. The same is true for metrics. It’s where we get our much-needed answers to these fundamental questions: What are the effects of what I’m trying? What’s working? What isn’t? What’s next? Should I keep doing what I’m doing, or tweak and adjust it, or change courses entirely? It’s getting to these answers that propels us through the Motion loop of change, i.e. that powerful, continuing circle of try, learn, rework, that keeps us evolving.

Summing it all up

The common threads running through the Success Stories comprise the essential behavioral principles that enable us to make a substantial life change and sustain it. That’s what we’re all trying to do here, in becoming and being Primal. Knowing what these essential principles are, and seeing how so many people have put them into action, will help you evolve all your Primal endeavors and any other change or self-evolution you have in mind.

For those interested, I’ve taken these essential principles of change and created a “mind app” out of them. It’s called app4Mind. You’re all welcome to use it to change your life and Grok on!

Order Your Copy of The Primal Blueprint 90-Day Journal Today to Grok On and Keep Evolving