The Consumerist Interviews Congressman Dennis Kucinich, Presidential Candidate
Consumerist
June 26, 2007
Congressman Dennis Kucinich is making another run at the Presidency, after a heavily criticized run the Democratic nomination last time, where he was written off as "a Howard Dean without the poll numbers," whatever that means. Now, he faces a primary in his home state by another Progressive politician upset with Kucinich's absences from their Ohio district.
We caught up with "The Kuch," as John Edwards has been known to call him affectionately, after he taped "Late Show with David Letterman" on Monday, although it was hard to think with his 29-year-old statuesque redheaded English wife standing heroically beside him...
CONSUMERIST: Is credit card industry reform doable in a Kucinich first term?
KUCINICH: It has to be... because what's happening is people are already maxed out on their credit cards. Many people are going into bankruptcy, not being able to afford [to pay their debts.] I think there has to be a restructuring of the bankruptcy laws... and also, raising some questions about raising the limits on interest... because there are some real problems with luxurious interest rates... and, of course, that's going to have an effect on our monetary policy. So, we're going to have to look at our monetary policy as it relates to credit... serious issue... and I intend to do that.
CONSUMERIST: Speaking of bankruptcy. The bankruptcy bill--
KUCINICH: Well, the bankruptcy bill was meant to keep people in bankruptcy. One of the biggest problems is that pensions do not have the same standing as financial institutions. I think pensions should be right up there with the first claims of the banks. I think those are basic rights that people have, they were promised. Those resources, they need them to live.
CONSUMERIST: How much, really, will climate change affect the American economy?
KUCINICH: Greatly. I mean, you're looking at the potential for rising sea levels that's gonna wipe out a lot of real estate on the coast. It's talking about changing migratory patterns, causing certain species that are part of the cycle of life to become extinct. I mean, how do you quantify that? I mean, when you're destroying the habitat that human beings need to survive, how do you quantify that? I mean, our whole life is at risk with global warming.
And so I'm dedicated to creating an alternative with what I call the WGA... the Works Green Administration, organize everything in our economy toward our sustainability. Not just one area, the government and the private sector... move it away from coal, toward sun, wind, and fuel technology.
CONSUMERIST: Do you think our wonderful voting machines are going to play as big a role in '08?
KUCINICH: I have a bill that I'm about to introduce that will end the role that these electronic voting machines have in Federal elections. I think that voting machines... there's a lot of questions with that technology... the programming, the software... the Diebold company has not, to my satisfaction, answered the questions about how do they protect against a someone breaking into the software and changing the outcome of the election. I'm for paper ballots in all Federal elections--
CONSUMERIST: Optical scan?
KUCINICH: No, paper ballots, the ol' mark your ballot and that is the paper trail.
CONSUMERIST: Is campaign finance reform gonna do a damn thing in the immediate future?
KUCINICH: Look what's happening, these candidates are already raising an excess of 50 million dollars. When you have people that put that kind of money into a campaign, they expect something in return. So, when you look at the kind of money that's going into the system right now, it's pretty obvious that interest groups want to buy the government. Well, with me, what people see is what they get, there's no interest group that's gonna buy me or tell me that I gotta be more for for-profit healthcare, for war, for the oil industry when I'm not, that I have to be for a lack of oversight be the SEC when I'm not... people have to get the connection between the individuals that give and the impact on the decisions of our government.
We need a public finance system... that may mean the Justice Department suing to overturn Buckley v. Valejo, or having a Constitutional amendment that will say all elections have to be publicly financed and end the influence of private interests in our political system
Source:
http://consumerist.com/consumer/politics/the-consumerist-interviews-congressman-dennis-kucinich-presidential-candidate-272385.php_______________________
Friday, June 29, 2007
Saturday, June 23, 2007
A Tale of Two Studies
By Jamison Foser
Media Matters
June 22, 2007
Two new studies released this week examine the news media, in quite different ways and with vastly different efficacy. The Center for American Progress and Free Press teamed up to release The Structural Imbalance of Political Talk Radio, and MSNBC posted a report about political contributions made by journalists.
Conservative media critics, eager as always to discuss what is in the hearts and minds of journalists rather than what is actually in newspapers and on television, have seized on MSNBC's list of 144 journalists who "made campaign contributions from 2004 through the first quarter of 2007."
Matt Drudge hyped the article with his lead headline: "THE GREAT DIVIDE: REPORTERS GIVE DEMS MONEY OVER REPUBLICANS 9 TO 1!" On Fox & Friends, hosts Steve Doocy and Gretchen Carlson agreed that the study shows a "media bias in the country" and that it also showed there isn't one at Fox News:
DOOCY: And so what it comes down to ultimately is, you think there's a media bias in the country? Just look at the statistics from the FEC itself. And people -- reporters gave to Democrats nine times more often than the reporters would give to the GOP.
CARLSON: Yeah, but you know what I got out of the story, Steve? Was that actually coming home right here to Fox News Channel, I liked the fact that they did this report and showed that people who work here at Fox gave to Democrats. Because so often, we are accused of only being a Republican or conservative news channel.
DOOCY: It just goes to show you.
CARLSON: Fair and balanced.
DOOCY: Absolutely. Fair and balanced.
Any study that Fox News uses to demonstrate that it is "fair and balanced" probably has a flaw or two.
For starters, MSNBC found fewer than 150 journalists who have made political contributions. There were more than 116,000 working journalists in America as of 2002. The 144 who made contributions not only constitute a tiny fraction of American journalists, they cannot be considered a representative sample of the whole. Indeed, we know that they are un-representative of all journalists: They made reported campaign contributions, and their colleagues did not.
Furthermore, 144 journalists may be a tiny number, but it is also a grossly inflated one. As Matthew Yglesias noted:
This effort at ginning up controversy by revealing political contributions made by employees of media organizations seems fundamentally misguided. For one thing, no effort is being made to see if the people named have any ability to impact coverage of national politics. They have, for example, a former copy editor here at The Atlantic on their list, but what nefarious influence is she supposed to have had on the magazine's coverage?
Indeed, if you look at MSNBC's list, you won't find Tim Russert or Bob Woodward or Maureen Dowd. You won't see many contributions from reporters for CNN or The New York Times or The Washington Post or ABC News. But you will find sports copy editors for the New Hampshire Union Leader and the Fort Worth Star-Telegram, a sports statistician for The Boston Globe, sports columnists for the South Florida Sun-Sentinel and the Fort Worth Star-Telegram, and a sports editor for the San Jose Mercury News. Who dares even to imagine the liberal claptrap that must seep into coverage of the Fort Worth Flyers basketball games?
Yglesias also noted that, while Democrats may have enjoyed the occasional $250 contribution from a few copy editors, the media sector funnels far more money to Republicans via PACs:
I can tell you that in 2006, GE's PAC gave $807,282 to Republicans and just $474,118 to Democrats. In 2004 there was a similar division of funds, in 2002 "only" 60 percent of it went to the GOP. Indeed, as you can see here essentially every PAC in the media sector backed the GOP over the Democrats.
But the real problem with drawing conclusions about the media based on MSNBC's list is that it tells us next to nothing about the content of the news we read and watch and listen to.
Even if you believe that a contribution from a sports copy editor to a congressional candidate proves that more journalists are liberals than conservatives, it doesn't follow that news reports reflect a liberal bias. Indeed, as longtime journalist and Building Red America author Tom Edsall has explained, decades of attacks from conservatives have had the effect of turning even journalists who may personally be liberals into "unwilling, and often unknowing" conduits for conservative misinformation:
The conservative movement has been very effective attacking the media (broadcast and print) for its liberal biases. The refusal of the media to disclose and discuss the ideological leanings of reporters and editors, and the broader claim of objectivity, has made the press overly anxious, and inclined to lean over backwards not to offend critics from the right. In many respects, the campaign against the media has been more than a victory: it has turned the press into an unwilling, and often unknowing, ally of the right.
Every day, Media Matters documents examples of news reports that contain flaws that advance a conservative agenda or undermine progressive causes. In most cases, we neither know nor care whether the reporters, editors, and producers involved are conservatives, liberals, anarchists, or royalists. We focus on specific flaws in the content of their reports, not on trying to ascertain their intent.
The reason for this approach was recently illustrated when MSNBC's Chris Matthews hosted a Republican presidential debate. Pointing to Matthews' long-ago work on behalf of Democratic politicians, conservative media critics and others suggested that Matthews might not give the Republicans a fair shake or that Matthews' moderating of a Republican debate was the equivalent of a Fox News personality hosting a Democratic debate.
On Fox News, for example, Dick Morris said of Matthews, "This former staffer to Tip O'Neill decided to gut Rudy Giuliani, because he's the one that can most likely beat the Republicans." (In context, it is clear that Morris misspoke and meant to say that Giuliani is the Republican most likely to defeat a Democrat in the general election.) Similarly, CNN Reliable Sources host Howard Kurtz asked, "Republicans were willing to participate in an MSNBC debate with a guy who used to work for Jimmy Carter and Tip O'Neill. Should Democrats be refusing to debate on Fox News?"
But while Matthews worked for Democrats Carter and O'Neill nearly 30 years ago, his on-air comments about Democrats and Republicans in recent years certainly don't reflect a liberal bias. Instead, Matthews routinely gushes over Republicans and trashes Democrats, as Media Matters has routinely demonstrated. And how did he handle the GOP debate itself? His first question was, "Mayor Giuliani, how do we get back to Ronald Reagan's morning in America?"
Later, he again invoked Reagan to ask John McCain how he would "restore that kind of unity of purpose" Reagan purportedly brought to Americans. Eventually, Matthews got around to asking a group of Republican presidential candidates if they thought it would be a good thing if one of their Democratic opponents was elected president. And he asked them what taxes they'd like to cut -- without asking how they would compensate for the reduced revenue.
As we explained at the time, this was in stark contrast to his colleague Brian Williams' handling of a Democratic debate, in which he asked the candidates how they would pay for their proposals -- but didn't bother asking for details of the proposals themselves. Taken as a whole, MSNBC's handling of the Democratic and Republican debates could hardly have gone better for the GOP. Yet some observers couldn't get over the fact that Chris Matthews worked for Jimmy Carter 30 years ago.
Looking at the content of news reports rather than at TV hosts' long-ago jobs, or at the political contributions of a few sports columnists and copy editors among the nation's 100,000 working journalists, reveals far more useful information about the media's coverage of politics and policy.
In addition to the daily examples of specific instances of conservative misinformation in news reports that we post on our website, several recent studies have painted a picture of a media playing field that tilts strongly to the right:
- Media Matters and the Campaign for America's Future released a study demonstrating that media figures routinely describe America as a conservative nation despite overwhelming public polling data to the contrary.
- Media coverage of religion and public policy greatly favors conservatives, according to Left Behind, a Media Matters study of the frequency with which news reports quote or mention religious leaders. Media Matters found that conservative religious leaders are quoted or mentioned in news stories nearly three times as often as are progressive religious leaders.
- Media Matters studies have shown that the Sunday political talk-show guest lists favor conservatives and Republicans over progressives and Democrats -- and that the disparity cannot be attributed to Republican control of the White House.
- And the new reportby the Center for American Progress and Free Press found that "91 percent of the total weekday talk radio programming is conservative, and 9 percent is progressive." And that disparity isn't limited to small-town radio in areas that lean conservative: In the top 10 radio markets, "76 percent of the programming ... is conservative and 24 percent is progressive."
And what kind of rhetoric do those conservative radio talkers favor? This week alone:
- Conservative radio host Michael Graham, appearing on fellow conservative radio host Glenn Beck's CNN Headline News television show, said he would have liked to see the Clintons be murdered during their spoof of the final episode of The Sopranos. Graham has previously said of Hillary Clinton, "I wanted to bludgeon her with a tire iron." Beck, too, favors bloodthirsty rhetoric: He once fantasized on his radio show about "choking the life out" of Michael Moore, saying, "I'm wondering if I could kill him myself, or if I would need to hire somebody to do it. No, I think I could." (This, incidentally, came before CNN decided to hire him. Talking about killing liberals doesn't get you kicked off the radio -- it gets you a television show on CNN.)
- Guest-hosting for Rush Limbaugh, Mark Belling described same-sex couples' decision to have children as "pure selfishness."
- Michael Savage claimed that the Massachusetts state legislature killed a proposed a referendum on banning same-sex marriage because the "gay mafia bought the votes ... like cheap tricks in a gay bathhouse." Last week, Savage said "I think it's child abuse" for a gay parent to raise a child. That was no slip of the tongue; Savage said the same thing in February: "I want to puke when I hear about a woman married to a woman raising children because, frankly, I think that it's child abuse to do that to children without their permission." And in March: "The idea of two women who are so-called married raising children, I think it's child abuse." In 2003, Savage told a caller, whom he described as a "sodomite," that he "should only get AIDS and die, you pig. How's that? Why don't you see if you can sue me, you pig. You got nothing better than to put me down, you piece of garbage. You have got nothing to do today, go eat a sausage and choke on it."
Michael Savage isn't on MSNBC's list of journalists who make political contributions. Neither is Rush Limbaugh, Mark Belling, Glenn Beck, or Michael Graham. But what if they did? Should we care more if they wrote $250 checks to the Republican National Committee than that they routinely use their radio shows to make hateful comments?
Of course not.
It's the content of the news that matters, not the personal beliefs and preferences of journalists.
Source:
__________________________
Monday, June 18, 2007
Twenty Things You Should Know About Corporate Crime
By Russell Mokhiber
AlterNet
June 16, 2007
The following is text from a speech delivered by Russell Mokhiber, editor of Corporate Crime Reporter to the Taming the Giant Corporation conference in Washington, D.C., June 9, 2007.
20. Corporate crime inflicts far more damage on society than all street crime combined.
Whether in bodies or injuries or dollars lost, corporate crime and violence wins by a landslide.
The FBI estimates, for example, that burglary and robbery -- street crimes -- costs the nation $3.8 billion a year.
The losses from a handful of major corporate frauds -- Tyco, Adelphia, Worldcom, Enron -- swamp the losses from all street robberies and burglaries combined.
Health care fraud alone costs Americans $100 billion to $400 billion a year.
The savings and loan fraud -- which former Attorney General Dick Thornburgh called "the biggest white collar swindle in history" -- cost us anywhere from $300 billion to $500 billion.
And then you have your lesser frauds: auto repair fraud, $40 billion a year, securities fraud, $15 billion a year -- and on down the list.
19. Corporate crime is often violent crime.
Recite this list of corporate frauds and people will immediately say to you: but you can’t compare street crime and corporate crime -- corporate crime is not violent crime.
Not true.
Corporate crime is often violent crime.
The FBI estimates that, 16,000 Americans are murdered every year.
Compare this to the 56,000 Americans who die every year on the job or from occupational diseases such as black lung and asbestosis and the tens of thousands of other Americans who fall victim to the silent violence of pollution, contaminated foods, hazardous consumer products, and hospital malpractice.
These deaths are often the result of criminal recklessness. Yet, they are rarely prosecuted as homicides or as criminal violations of federal laws.
18. Corporate criminals are the only criminal class in the United States that have the power to define the laws under which they live.
The mafia, no.
The gangstas, no.
The street thugs, no.
But the corporate criminal lobby, yes. They have marinated Washington -- from the White House to the Congress to K Street -- with their largesse. And out the other end come the laws they can live with. They still violate their own rules with impunity. But they make sure the laws are kept within reasonable bounds.
Exhibit A -- the automobile industry.
Over the past 30 years, the industry has worked its will on Congress to block legislation that would impose criminal sanctions on knowing and willful violations of the federal auto safety laws. Today, with very narrow exceptions, if an auto company is caught violating the law, only a civil fine is imposed.
17. Corporate crime is underprosecuted by a factor of say -- 100. And the flip side of that -- corporate crime prosecutors are underfunded by a factor of say -- 100.
Big companies that are criminally prosecuted represent only the tip of a very large iceberg of corporate wrongdoing.
For every company convicted of health care fraud, there are hundreds of others who get away with ripping off Medicare and Medicaid, or face only mild slap-on-the-wrist fines and civil penalties when caught.
For every company convicted of polluting the nation’s waterways, there are many others who are not prosecuted because their corporate defense lawyers are able to offer up a low-level employee to go to jail in exchange for a promise from prosecutors not to touch the company or high-level executives.
For every corporation convicted of bribery or of giving money directly to a public official in violation of federal law, there are thousands who give money legally through political action committees to candidates and political parties. They profit from a system that effectively has legalized bribery.
For every corporation convicted of selling illegal pesticides, there are hundreds more who are not prosecuted because their lobbyists have worked their way in Washington to ensure that dangerous pesticides remain legal.
For every corporation convicted of reckless homicide in the death of a worker, there are hundreds of others that don’t even get investigated for reckless homicide when a worker is killed on the job. Only a few district attorneys across the country have historically investigated workplace deaths as homicides.
White collar crime defense attorneys regularly admit that if more prosecutors had more resources, the number of corporate crime prosecutions would increase dramatically. A large number of serious corporate and white collar crime cases are now left on the table for lack of resources.
16. Beware of consumer groups or other public interest groups who make nice with corporations.
There are now probably more fake public interest groups than actual ones in America today. And many formerly legitimate public interest groups have been taken over or compromised by big corporations. Our favorite example is the National Consumer League. It’s the oldest consumer group in the country. It was created to eradicate child labor.
But in the last ten years or so, it has been taken over by large corporations. It now gets the majority of its budget from big corporations such as Pfizer, Bank of America, Pharmacia & Upjohn, Kaiser Permanente, Wyeth-Ayerst, and Verizon.
15. It used to be when a corporation committed a crime, they pled guilty to a crime.
So, for example, so many large corporations were pleading guilty to crimes in the 1990s, that in 2000, we put out a report titled The Top 100 Corporate Criminals of the 1990s. We went back through all of the Corporate Crime Reporters for that decade, pulled out all of the big corporations that had been convicted, ranked the corporate criminals by the amount of their criminal fines, and cut it off at 100.
So, you have your Fortune 500, your Forbes 400, and your Corporate Crime Reporter 100.
14. Now, corporate criminals don’t have to worry about pleading guilty to crimes.
Three new loopholes have developed over the past five years -- the deferred prosecution agreement, the non prosecution agreement, and pleading guilty a closet entity or a defunct entity that has nothing to lose.
13. Corporations love deferred prosecution agreements.
In the 1990s, if prosecutors had evidence of a crime, they would bring a criminal charge against the corporation and sometimes against the individual executives. And the company would end up pleading guilty.
Then, about three years ago, the Justice Department said -- hey, there is this thing called a deferred prosecution agreement.
We can bring a criminal charge against the company. And we will tell the company -- if you are a good company and do not violate the law for the next two years, we will drop the charges. No harm, no foul. This is called a deferred prosecution agreement.
And most major corporate crime prosecutions are brought this way now. The company pays a fine. The company is charged with a crime. But there is no conviction. And after two or three years, depending on the term of the agreement, the charges are dropped.
12. Corporations love non prosecution agreements even more.
One Friday evening last July, I was sitting my office in the National Press Building. And into my e-mail box came a press release from the Justice Department.
The press release announced that Boeing will pay a $50 million criminal penalty and $615 million in civil penalties to resolve federal claims relating to the company’s hiring of the former Air Force acquisitions chief Darleen A. Druyun, by its then CFO, Michael Sears -- and stealing sensitive procurement information.
So, the company pays a criminal penalty. And I figure, okay if they paid a criminal penalty, they must have pled guilty.
No, they did not plead guilty.
Okay, they must have been charged with a crime and had the prosecution deferred.
No, they were not charged with a crime and did not have the prosecution deferred.
About a week later, after pounding the Justice Department for an answer as to what happened to Boeing, they sent over something called a non prosecution agreement.
That is where the Justice Department says -- we’re going to fine you criminally, but hey, we don’t want to cost you any government business, so sign this agreement. It says we won’t prosecute you if you pay the fine and change your ways.
Corporate criminals love non prosecution agreements. No criminal charge. No criminal record. No guilty plea. Just pay the fine and leave.
11. In health fraud cases, find an empty closet or defunct entity to plead guilty.
The government has a mandatory exclusion rule for health care corporations that are convicted of ripping off Medicare.
Such an exclusion is the equivalent of the death penalty. If a major drug company can’t do business with Medicare, it loses a big chunk of its business. There have been many criminal prosecutions of major health care corporations for ripping off Medicare. And many of these companies have pled guilty. But not one major health care company has been excluded from Medicare.
Why not?
Because when you read in the newspaper that a major health care company pled guilty, it’s not the parent company that pleads guilty. The prosecutor will allow a unit of the corporation that has no assets -- or even a defunct entity -- to plead guilty. And therefore that unit will be excluded from Medicare -- which doesn’t bother the parent corporation, because the unit had no business with Medicare to begin with.
Earlier, Dr. Sidney Wolfe was here and talked about the criminal prosecution of Purdue Pharma, the Stamford, Connecticut-based maker of OxyContin.
Dr. Wolfe said that the company pled guilty to pushing OxyContin by making claims that it is less addictive and less subject to abuse than other pain medications and that it continued to do so despite warnings to the contrary from doctors, the media, and members of its own sales force.
Well, Purdue Pharma -- the company that makes and markets the drug -- didn’t plead guilty. A different company -- Purdue Frederick pled guilty. Purdue Pharma actually got a non-prosecution agreement. Purdue Frederick had nothing to lose, so it pled guilty.
10. Corporate criminals don’t like to be put on probation.
Very rarely, a corporation convicted of a crime will be placed on probation. Many years ago, Consolidated Edison in New York was convicted of an environmental crime. A probation official was assigned. Employees would call him with wrongdoing. He would write reports for the judge. The company changed its ways. There was actual change within the corporation.
Corporations hate this. They hate being under the supervision of some public official, like a judge.
We need more corporate probation.
9. Corporate criminals don’t like to be charged with homicide.
Street murders occur every day in America. And they are prosecuted every day in America. Corporate homicides occur every day in America. But they are rarely prosecuted.
The last homicide prosecution brought against a major American corporation was in 1980, when a Republican Indiana prosecutor charged Ford Motor Co. with homicide for the deaths of three teenaged girls who died when their Ford Pinto caught on fire after being rear-ended in northern Indiana.
The prosecutor alleged that Ford knew that it was marketing a defective product, with a gas tank that crushed when rear ended, spilling fuel.
In the Indiana case, the girls were incinerated to death.
But Ford brought in a hot shot criminal defense lawyer who in turn hired the best friend of the judge as local counsel, and who, as a result, secured a not guilty verdict after persuading the judge to keep key evidence out of the jury room.
It’s time to crank up the corporate homicide prosecutions.
8. There are very few career prosecutors of corporate crime.
Patrick Fitzgerald is one that comes to mind. He’s the U.S. Attorney in Chicago. He put away Scooter Libby. And he’s now prosecuting the Canadian media baron Conrad Black.
7. Most corporate crime prosecutors see their jobs as a stepping stone to greater things.
Spitzer and Giuliani prosecuted corporate crime as a way to move up the political ladder. But most young prosecutors prosecute corporate crime to move into the lucrative corporate crime defense bar.
6. Most corporate criminals turn themselves into the authorities.
The vast majority of corporate criminal prosecutions are now driven by the corporations themselves. If they find something wrong, they know they can trust the prosecutor to do the right thing. They will be forced to pay a fine, maybe agree to make some internal changes.
But in this day and age, in all likelihood, they will not be forced to plead guilty.
So, better to be up front with the prosecutor and put the matter behind them. To save the hide of the corporation, they will cooperate with federal prosecutors against individual executives within the company. Individuals will be charged, the corporation will not.
5. The market doesn’t take most modern corporate criminal prosecutions seriously.
Almost universally, when a corporate crime case is settled, the stock of the company involved goes up.
Why? Because a cloud has been cleared and there is no serious consequence to the company. No structural changes in how the company does business. No monitor. No probation. Preserving corporate reputation is the name of the game.
4. The Justice Department needs to start publishing an annual Corporate Crime in the United States report.
Every year, the Justice Department puts out an annual report titled "Crime in the United States."
But by "Crime in the United States," the Justice Department means "street crime in the United States."
In the "Crime in the United States" annual report, you can read about burglary, robbery and theft.
There is little or nothing about price-fixing, corporate fraud, pollution, or public corruption.
A yearly Justice Department report on Corporate Crime in the United States is long overdue.
3. We must start asking -- which side are you on -- with the corporate criminals or against?
Most professionals in Washington work for, are paid by, or are under the control of the corporate crime lobby. Young lawyers come to town, fresh out of law school, 25 years old, and their starting salary is $160,000 a year. And they’re working for the corporate criminals.
Young lawyers graduating from the top law schools have all kinds of excuses for working for the corporate criminals -- huge debt, just going to stay a couple of years for the experience.
But the reality is, they are working for the corporate criminals.
What kind of respect should we give them? Especially since they have many options other than working for the corporate criminals.
Time to dust off that age-old question -- which side are you on? (For young lawyers out there considering other options, check out Alan Morrison’s new book, Beyond the Big Firm: Profiles of Lawyers Who Want Something More.)
2. We need a 911 number for the American people to dial to report corporate crime and violence.
If you want to report street crime and violence, call 911.
But what number do you call if you want to report corporate crime and violence?
We propose 611.
Call 611 to report corporate crime and violence.
We need a national number where people can pick up the phone and report the corporate criminals in our midst.
What triggered this thought?
We attended the press conference at the Justice Department the other day announcing the indictment of Congressman William Jefferson (D-Louisiana).
Jefferson was the first U.S. official charged with violating the Foreign Corrupt Practices Act.
Federal officials alleged that Jefferson was both on the giving and receiving ends of bribe payments.
On the receiving end, he took $100,000 in cash -- $90,000 of it was stuffed into his freezer in Washington, D.C.
The $90,000 was separated in $10,000 increments, wrapped in aluminum foil, and concealed inside various frozen food containers.
At the press conference announcing the indictment, after various federal officials made their case before the cameras, up to the mike came Joe Persichini, assistant director of the Washington field office of the FBI.
"To the American people, I ask you, take time," Persichini said. "Read this charging document line by line, scheme by scheme, count by count. This case is about greed, power and arrogance."
"Everyone is entitled to honest and ethical public service," Persichini continued. "We as leaders standing here today cannot do it alone. We need the public’s help. The amount of corruption is dependent on what the public with allow.
Again, the amount of corruption is dependent on what the public will allow."
“If you have knowledge of, if you’ve been confronted with or you are participating, I ask that you contact your local FBI office or you call the Washington Field Office of the FBI at 202.278.2000. Thank you very much."
Shorten the number -- make it 611.
1. And the number one thing you should know about corporate crime?
Everyone is deserving of justice. So, question, debate, strategize, yes.
But if God-forbid you too are victimized by a corporate criminal, you too will demand justice.
We need a more beefed up, more effective justice system to deal with the corporate criminals in our midst.
Russell Mokhiber is the editor of Corporate Crime Reporter.
Source:
http://www.alternet.org/story/54093/
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Sunday, June 17, 2007
New Polls Reveal Mass Opposition to Democrats and Republicans
By Joe Kay
15 June 2007
New opinion polls released this week show mounting discontent within the American population over the war in Iraq and the policies of both political parties. They reflect deep and bitter opposition to the Bush administration, but also reveal that just six months after the Democrats took control of Congress, masses of Americans who voted Democratic to express their opposition to the Iraq war are disillusioned and angry over the Democrats’ cowardice and complicity with Bush.
According to an NBC News/Wall Street Journal poll released on Wednesday, Bush’s overall approval rating stands at an all-time low of 29 percent. Over 66 percent disapprove of his job performance.
From April of this year Bush’s approval rating dropped 6 percentage points, an extraordinary fall in such a short period of time, particularly given the president’s already low numbers.
However, the continued collapse of support for the Bush administration has not translated into a corresponding rise in support for the Democrats. In fact, approval for the Democratic-controlled Congress stands at only 23 percent, below even that for Bush and down sharply from only a few months ago.
In early 2007, following the midterm elections, approval for Congress jumped to 31 percent from its pre-election low of 16 percent. Over the past two months, however, support for Congress has fallen a full 8 percentage points.
The fall in support for the Democrats reflects more than anything else anger over the passage of the $100 billion war-funding bill in May.
Another recent poll, conducted by the Los Angeles Times and Bloomberg earlier this week, registered similar results. It found that 63 percent of the population believes that the new Democratic-controlled Congress is governing in a “business as usual” manner—that is, doing nothing to change the course of US government policy.
The Democratic speaker of the House of Representatives, Nancy Pelosi, has an approval rating of only 36 percent, while 58 percent of self-described “liberal Democrats”—those most likely to oppose the war in Iraq—disapprove of Congress, up 15 percentage points from January.
On Iraq, the poll found that 68 percent of the population now favors the complete withdrawal of US troops within one year or less, with 25 percent favoring “immediate withdrawal,” up from 19 percent in January. These views, held by the overwhelming majority of the population, are nowhere expressed in the political establishment.
At the same time, 54 percent of those surveyed in the NBC/Wall Street Journal poll said the situation in Iraq has gotten worse in recent months, during the period of the “surge,” while only 10 percent said it has gotten better. A New York Times/CBS News poll last month found opposition to the Iraq war at record highs, with six in ten saying that the US should never have gone into Iraq.
The NBC/Wall Street Journal poll also found that only 19 percent of those surveyed—less than one in five—said that the country is “headed in the right direction,” while 68 percent said it was “off on the wrong track.”
Besides mass opposition to the Iraq war, these polls reflect mounting anger over the growing concentration of wealth at the top, and the increasingly difficult economic situation facing working people. Rising gas and food prices, the collapse of the housing market, job cuts, attacks on health benefits and pensions, wage stagnation have all contributed to widespread anxiety and disillusionment within the American population.
The percentage of people who believe the country is headed in the right direction has declined steadily over the past several months, from 29 percent last October, to 28 percent in January, 25 percent in March, and 22 percent in April.
These figures provide a snapshot of a political system in deep crisis. Beneath the ossified and unrepresentative political and media establishment in the US is a population seething with anger and discontent.
Commenting on the NBC/Wall Street Journal poll findings Wednesday evening, NBC News anchor Brian Williams said they indicate a “volatile period in modern American history,” in which the mood of the population has turned “decidedly grim and downright angry.” NBC Washington Bureau Chief Tim Russert remarked that the polls showed “it’s churning out there.”
These comments reflect nervousness within the ruling elite that growing opposition could produce a social explosion, with the public finding new channels for expressing its views and interests beyond the confines of the two-party system.
There is a profound disconnect between the majority of the population, increasingly politicized by the war in Iraq and the social crisis, and the political establishment. Underlying the chasm between official politics and the sentiments of masses of people are longer-term trends, in particular, the extraordinary growth of social inequality.
The political establishment is dominated by the interests of a tiny oligarchy.
Source:
http://www.wsws.org/articles/2007/jun2007/poll-j15.shtml
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Saturday, June 16, 2007
5 Powerful Reasons to Drive Slower, and How to Do It
Zen Habits
I drive slower these days. While I used to be a bit of a driving maniac (ask my wife), passing everybody and stepping hard on my accelerator, I would also get increasingly frustrated when people would drive slow and keep me from driving fast, or cut me off. Driving was a stressful experience.
Not anymore. These days, driving is a much more calm, serene experience, and I enjoy it much more.
I look around at other drivers and wonder whether they really need to get to where they’re going so fast, and whether they’ll slow down when they get there. I wonder if it’s really worth burning all that gas and getting so angry and risking so many lives. And then I think about other things, because driving for me has become a time of contemplation.
I heartily recommend driving slower — for many reasons, but one of the best reasons is that it has made me a much happier person. It’s such a simple step to take, but it makes an incredibly big difference.
Recently a reader named Vadim wrote to me with the following comment on speeding:
I have recently acquired a TomTom GPS in car navigator. Amongst its many astonishing features, it has a display on it that shows you your estimated arrival time for the route you are traveling … Now here is the kicker; I used to routinely travel at 130% of the speed limit everywhere … I thought that I was keeping myself alert and saving time. My TomTom, however, disagreed. In fact anywhere I traveled (and I routinely drive more than 100 miles) I would only shave off 5-10 minutes of the estimated arrival time! 5-10 minutes of time that is then wasted because I wasn’t late to start off with!
Since then, I adopted a new way of driving, I never speed.
I love this comment, and it inspired me to write this post. People often think they’re saving time by driving faster, but it’s not very much time, and it’s not worth your sanity or safety.
Here are just 5 reasons to drive slower:
1. Save gas. The best ways to save gas (besides driving less or driving a fuel-efficient vehicle) are to avoid excessive idling, more gradual accelerating and decelerating, and driving slower (see report on Edmunds.com). With gas prices so high these days, wasting gas by driving unnecessarily fast is something we can’t afford.
2. Save lives. Driving fast can kill people (including the driver). Two stats: Traffic is the biggest single killer of 12-16 year olds. Surprisingly, at 35mph you are twice as likely to kill someone you hit as at 30mph. (Source) Faster driving gives you a shorter amount of time to respond to something in your path, and even a fraction of a second can mean the difference between life and death. Drive slower for your safety and that of those around you … especially drive slow around runners, cyclists, schools, and neighborhoods with kids on the streets.
3. Save time? As Vadim pointed out in his email, while you think you’re saving time by driving faster, it’s not a lot of time. And that small amount of time you’re saving isn’t worth it, considering the other factors on this list. Better yet, start out a few minutes early and you’ll arrive at the same time as someone who drove faster but started later, and you’ll arrive much happier than that person to boot.
4. Save your sanity. The above three reasons are very important ones, but for me the most noticeable difference has been the huge drop in stress levels when I drive. Far from being a crazy experience, driving is actually a relaxing and pleasant experience now. I no longer get road rage, because I simply don’t care whether other drivers are going slow or cutting me off.
5. Simplify your life. This is related to the one above, but expanded. In addition to saving your stress levels, driving slower can reduce many other complications as well — the headache of accidents and speeding tickets, for one, going to the gas station too often, for another, but also the hectic pace of life. Why must we rush through life? Slow down and enjoy life more. If we’re always in a hurry to get places, when will we get to our destination and finally be happy? Life is a journey — make it a pleasant one.
OK, assuming that you want to drive slower, here are some of the tips that worked best for me:
* Play relaxing music. My favorite is anything by Jack Johnson or Ben Harper. But anything that relaxes you is good: “You Sexy Thing” by Hot Chocolate, “Drive Slow” by Kanye West, anything by Otis Redding or Aretha, “Feels Like Rain” by John Hyatt, “Son of a Preacher Man” by Aretha or Dusty Springfield, Radiohead, Prince, Sade … Whatever you choose, enjoy it, and relax.
* Ignore other drivers. This was my problem before. I cared so much about what the other drivers were doing, that it would stress me out. At times, it would cause me to drive faster to spite other drivers (awful, I know). Now, I just ignore them. Well, I pay attention so I don’t crash into anyone, but I don’t worry about what they’re doing or how dumb they are.
* Leave early. If you speed because you’re running late, make it a habit of getting ready early and leaving early. Now you don’t have to worry about being late, and you can enjoy the ride.
* Brainstorm. I like to use my drive time for contemplation. I come up with ideas for things to write about, I think about my day (either the day to come or the day in review), I think about my life as a whole and where I want to go.
* Keep to the right. If you drive slower than the other crazy drivers out there, it’s wise to keep out of their way if possible and keep to the right. While I tend to ignore other drivers who might get mad at me for driving slow (I don’t care about them anymore), it’s good to be polite.
* Enjoy the drive. Most of all, make your drive a pleasant experience — whether that’s through music or contemplation or however you want to enjoy the ride, remember that the ride is just as important as the destination.
Source:
http://zenhabits.net/2007/06/5-powerful-reasons-to-drive-slower-and-how-to-do-it/
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Saturday, June 09, 2007
Corporate Media Has Decided The 2008 Election For Us
No need to think for yourself, the MSM will continue to narrow the candidacy field until we're left with the next president.
It's already become clear that the corporate media is deciding the 2008 presidential election; here's how they're doing it:
* "Popular" candidates are placed toward the center of the stage. The few true liberals and true conservatives are positioned on the outskirts.
So far, it seems that the leading candidates are placed near the center of the stage so that they are the most easily viewed. Whether cameras pan left or right, the center-stage candidates receive the most face-time. Those on the far sides of the stage are often cropped out altogether when questions are being presented.
* The majority of questions, though distributed somewhat evenly, are always guided back to the candidates of choice.
This is easily discernable to those having watched any of the debates up to date. It's also evident in the amount of time alloted to each candidate. The majority of every GOP and Democratic debate can be found on youtube and elsewhere, for a closer look.
* The "popular" candidates are given far more time to speak than all other candidates.
The proof is in the minutes, folks. And Senator Dodd's "Talk Clock" says it all.
There is absolutely no justification for allowing some candidates to speak three times as much as others!
It is unacceptable for the media to decide for all of us who is worth listening to. It's bad enough that these "debates" are not debates at all but merely two-hour Q&A segments of a third-grade level.
"Raise your hand if" you've had enough.
Contact CNN. http://www.cnn.com/feedback/
Contact MSNBC. http://www.msnbc.msn.com/id/10285339/
Contact Fox. http://www.foxnews.com/story/0,2933,77538,00.html
Source:
http://www.thinkmoderate.com/2007/06/corporate-media-has-decided-2008.html
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Wednesday, June 06, 2007
What Banks Tell Customers About Their Online Security
Six months after the FFIEC's rules for strong authentication took effect, we test what the country's three biggest banks tell their customers about online security. It's not very encouraging.
by Sarah D. Scalet
CSO Online
By the end of 2006, U.S. banks were supposed to have implemented "strong authentication" for online banking—in other words, they needed to put something besides a user name and password in between any old Internet user and all the money in a customer's banking account.
The most obvious way to meet the guidance, issued by the U.S. Federal Financial Institutions Examination Council (FFIEC), would have been to issue one-time password devices or set up another form of two-factor authentication. But last summer, when I did a preliminary evaluation of security offerings at the country's largest banks, I was pretty unimpressed. (See Two-Factor Too Scarce at Consumer Banks.)
Since then, I've given up on getting a one-time-password device, and have accepted the fact that banks are instead moving toward what might diplomatically be called "creative" authentication. (See Strong Authentication: Success Factors.) Given that man-in-the-middle attacks can circumvent two-factor authentication, a combination of device authentication, additional security questions and extra fraud controls doesn't seem like a bad approach.
But, I wondered, almost six months past the FFIEC deadline, what are banks telling customers about online security? As the chief financial officer of Chateau Scalet—and as a working mother about to have baby No. 2—I wanted to know if any of them could offer me enough assurance that I would take the online banking plunge as a way to simplify my life. I decided it was time to update my research from last year.
I called the call centers at each of the top three banks, identified myself as a customer with a checking and savings account, and told them I was interested in online banking but concerned about security. The point, yes, was to see what type of security each bank had in place. More than that, however, I wanted to see how well each bank was able to communicate about security through its call center. After all, what good is good security if you can't explain it to your customers? Here's what I learned.
Citibank
My first call was to Citibank. I started with my standard question: "How can I be assured that my online banking transactions are secure and private?" The call center rep said that Citibank uses 128-bit encryption, which "verifies that you have a maximum level of security." End of answer. Pause. I asked what kinds of protections Citibank had in place for making sure that it would really be me logging onto my account. "I'm sorry," he said, "but I don’t understand your question."
We had a language barrier, he and I. The call-center rep, in India, was not a native English speaker. The call went poorly, and I have no way of knowing whether this was because of our communications barrier or simply because Citibank hadn't instructed him how to answer questions about security. I repeated my question a couple times, and he finally said, "Let me look into that, ma'am." I waited on hold more than a minute, and when he came back, he told me I could go online and read all about online banking. "All the information is there, ma'am," he said politely.
I kept prodding. I asked if Citibank offered tokens or did device recognition of some sort, and he told me I could log on with a user name and password.
"At any computer where I punch in my user name and password, I’ll have full access to my account?" I asked.
"Yes, ma'am, anyplace you have Internet access," he answered. He finally did say that in certain situations I would be asked extra security questions, but he wouldn't or couldn't explain when that happened or why. I asked if it was unusual for him to field calls about security, and he said yes. I finally ended the call in frustration.
Chase
Next I called Chase. This time I got a woman in Michigan, who at least didn't try to shunt me off onto the Internet—well, at least right away. But she seemed to interpret my every question about security as one about how, precisely, I could sign up for online banking. In fact, the first thing she did was congratulate me on being interested in the service.
When I asked how I could be assured that my transactions would be secure and private, she said that when I signed up, I would select a user name and password. "Once you're enrolled, as long as you're not giving out your user ID and password, you should be safe," she said. At least she said should and not will.
Then I asked if Chase would do any authentication beyond user name and password, like identifying my computer or giving me a one-time password device. She seemed to think that I was worried about the log-on process being burdensome or confusing—and proceeded to make the process even more burdensome and confusing, with a convoluted answer about speeding up the telephone verification process. At one point, she had me so utterly baffled that she asked, "Are you O.K.?"
One thing I did manage to glean—I think—is that there would be some kind of activation code involved if tried to log on at a library or a friend's house. Her explanation: "It's called an activation code because it's like a reset," she said. "That is for security purposes." She said this code could be sent by e-mail or text message, or that I could call in to get it. But she wouldn't or couldn't explain its purpose.
It wasn't until 10 minutes into the call that she mentioned that I might have to answer extra security questions on occasion, and again, she couldn't or didn't explain what these questions were for, or even reassure me that the measures were there to protect me. When I asked what would happen if someone else transferred money out of my account, she said, "That's not going to happen, ma'am, unless you give that information out to somebody." Then she warned me to be careful about giving out my information—to merchants, of all places.
Credit her with being a diligent salesperson, though. Throughout the process, she kept trying to get me to establish an online account, right then and there, so that the first time I went onto Chase.com, all I'd need would be that precious user name and password.
Bank of America
My call with Bank of America also got off to a rocky start. I wanted to record all three phone calls. (Why not? The banks do it for "quality assurance purposes".) Both the Citibank and Chase representatives agreed to this without hesitation. The Bank of America rep, however, put me on hold for more than seven minutes, before coming back and saying I couldn't record the call—something something the bank only records calls for training purposes something something. Oh well. It didn't seem worth arguing.
Things got better after that. When I asked how I could be assured that my online transactions would be private and secure, the call center rep seemed to understand exactly what I was asking. First, she said that I should look for the lock at the bottom of my browser window, indicating a secure site, and noted that the encryption that Bank of America uses is "one of the highest." (Neither of these are perfect indicators of security, of course, but it's a logical place to start the conversation.) Then, she told me that, usually, the only time my account wouldn't be secure is if I gave out my user name and password, or "answered a spam e-mail" where I clicked a link and entered my user name and password. This made her the only rep to actually warn about phishing attacks; she gets extra points for not using the silly term phishing.
Next, she launched into a very plain-English description of SiteKey, Bank of America's system of allowing customers to verify that they are at the valid website by selecting a picture that will come up each time they log on. "If you don't see the picture, don't enter your password," she told me. She also explained that when I signed up for the first time, I'd have to answer three extra security questions. If I (or anyone else) ever tried to access my account from a different computer, I would first be asked a security question. If I answered correctly, I'd see my security picture and then be asked for my user name and password. If I answered it incorrectly a certain number of times, I would be locked out and have to go through extra verification at the call center to have the account unlocked.
Overall, I was impressed at how comfortable she was talking about security. It seemed to be part of the training she had gone through, and she also made several references to how she used the service herself. Call it a subtle kind of marketing if you will, but I actually liked to hear her admit, "A lot of times people say they have a hard time getting into our site as opposed to other sites, and that's because it's a very secure site."
The Verdict
Here's the recap:
Citibank: Call-center rep did not seem to understand my questions and tried to refer me to the website for answers.
Chase: Call-center rep didn't offer clear explanations but kept trying to get me to sign up anyway.
Bank of America: Call-center rep understood my questions, explained customer-facing security mechanisms and offered advice about how I could protect myself.
After the calls, I rang Larry Freed, president of the research group ForeSee Results, to see what he thought. Freed is a former banking CTO who does a regular survey on banking customer satisfaction in conjunction with Forbes.com. He has told me in the past that customers who have not signed up for online banking often cite security as a factor.
Online banking is a huge area of growth for banks—if they can get it right. According to Freed's latest survey, customers who are not doing online banking report an overall satisfaction level of 70 on a scale of 0 to 100. For those who do online banking and bill pay, the satisfaction level jumps to 79. What's more, those who are doing online banking and bill pay are much more likely to purchase additional services from the bank—59 percent likely, rather than 36 percent.
Nevertheless, Freed didn’t seem surprised that the banks, for the most part, had so little to say about online security. "The education and communication of security is not done very well," he said. "For converting non-online banking customers, I think that's a critical step. But it's a balance between putting the fear in them and educating them."
Right now, I'd say, the banks are doing neither.
As for me, if I had a Bank of America account already, I think I'd give online banking a try. It's not so much that I'm convinced Bank of America actually has better security than Citibank or Chase. The call-center rep doesn't know that, and none of the banks are going to talk about all their security mechanisms anyway. But I'm heartened that they're teaching their call-center reps how to explain their security mechanisms to customers. At this point in history, it's a sad fact that merely being willing and able to talk about security in plain English (even if they don't want the call to be recorded) puts Bank of America well ahead of its competitors. That's just not enough to make me change banks, though.
Guess I'll keep buying stamps after all.
Source:
http://www.csoonline.com/alarmed/?source=nlt_csoupdate
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Sunday, June 03, 2007
How Online Criminals Make Themselves Tough to Find, Near Impossible to Nab
By Scott Berinato, CSO
May 31, 2007
Forensic investigations start at the end.
Think of it: You wouldn’t start using science and technology to establish facts (that’s the dictionary definition of forensics) unless you had some reason to establish facts in the first place. But by that time, the crime has already happened. So while requisite, forensics is ultimately unrewarding.
A clear illustration of this fact comes from the field investigations manager for a major credit services company. Sometime last year, he noticed a clutch of fraudulent purchases on cards that all traced back to the same aquarium. He learned quite a bit through forensics. He learned, for example, that an aquarium employee had downloaded an audio file while eating a sandwich on her lunch break. He learned that when she played the song, a rootkit hidden inside the song installed itself on her computer. That rootkit allowed the hacker who’d planted it to establish a secure tunnel so he could work undetected and “get root”—administrator’s access to the aquarium network.
Sounds like a successful investigation.
But the investigator was underwhelmed by the results. Why? Because he hadn’t caught the perpetrator and he knew he never would. What’s worse, that lunch break with the sandwich and the song download had occurred some time before he got there. In fact, the hacker had captured every card transaction at the aquarium for two years.
The investigator (who could only speak anonymously) wonders aloud what other networks are right now being controlled by criminal enterprises whose presence is entirely concealed.
Computer crime has shifted from a game of disruption to one of access. The hacker’s focus has shifted too, from developing destructive payloads to circumventing detection. Now, for every tool forensic investigators have come to rely on to discover and prosecute electronic crimes, criminals have a corresponding tool to baffle the investigation.
This is antiforensics.
It is more than technology. It is an approach to criminal hacking that can be summed up like this: Make it hard for them to find you and impossible for them to prove they found you.
The concept is neither new nor foolproof, but in the past 12 months, forensic investigators have noticed a significant uptick in the use of antiforensics. This is not because hackers are making more sophisticated antiforensic tools, though some are. Rather, it’s because antiforensic tools have slid down the technical food chain, from Unix to Windows, from something only elite users could master to something nontechnical users can operate. What’s more, this transition is taking place right when (or perhaps because of) a growing number of criminals, technically unsophisticated, want in on all the cash moving around online and they need antiforensics to protect their illicit enterprises. “Five years ago, you could count on one hand the number of people who could do a lot of these things,” says the investigator. “Now it’s hobby level.”
Researcher Bryan Sartin of Cybertrust says antiforensic tools have gotten so easy to use that recently he’s noticed the hacks themselves are barely disguised. “I can pick up a network diagram and see where the breach occurred in a second,” says Sartin. “That’s the boring part of my job now. They’ll use FTP and they don’t care if it logs the transfer, because they know I have no idea who they are or how they got there.” Veteran forensic investigator Paul Henry, who works for a vendor called Secure Computing, says, “We’ve got ourselves in a bit of a fix. From a purely forensic standpoint, it’s real ugly out there.” Vincent Liu, partner at Stach & Liu, has developed antiforensic tools. But he stopped because “the evidence exists that we can’t rely on forensic tools anymore. It was no longer necessary to drive the point home. There was no point rubbing salt in the wound,” he says.
The investigator in the aquarium case says, “Antiforensics are part of my everyday life now.”
As this article is being written, details of the TJX breach—called the biggest data heist in history, with more than 45 million credit card records compromised—strongly suggest that the criminals used antiforensics to maintain undetected access to the systems for months or years and capture data in real time. In fact, the TJX case, from the sparse details made public, sounds remarkably like the aquarium case on a massive scale. Several experts said it would be surprising if antiforensics weren’t used. “Who knows how many databases containing how many millions of identities are out there being compromised?” asks the investigator. “That is the unspoken nightmare.”
The Obfuscator’s Toolkit
If you were making a movie about a computer crime, the bad guys would use antiforensics. And since it’s a movie, it should be exciting, so they’d use the clever and illicit antiforensic tools, the sexy ones with little or no legitimate business purpose. Liu has developed such tools under the Metasploit Framework, a collection of software designed for penetration testing and, in the case of the antiforensic tools, to expose the inherent weaknesses in forensics in hopes that the forensics industry would view it as a call to action to improve its toolset.
One of Liu’s tools is Timestomp. It targets the core of many forensic investigations—the metadata that logs file information including the times and dates of file creation, modification and access. Forensic investigators poring over compromised systems where Timestomp was used often find files that were created 10 years from now, accessed two years ago and never modified. Transmogrify is similarly wise to the standard procedures of forensic investigators. It allows the attacker to change information in the header of a file, a space normally invisible to the user.
Typically, if you changed the extension of a file from, say, .jpg to .doc, the header would still call it a .jpg file and header analysis would raise a red flag that someone had messed with the file. Transmogrify alters the header along with the file extension so that the analysis raises no red flags. The forensic tools see something that always was and remains a .doc file.
Slacker would probably be in the movie too. It breaks up a file and stashes the pieces in the slack space left at the end of files. Imagine you stole the Dead Sea Scrolls, ripped them into thousands of small pieces, and then tucked those pieces, individually, into the backs of books. That’s Slacker, only Slacker is better because you can reassemble the data and, while hidden, the data is so diffuse that it looks like random noise to forensic tools, not the text file containing thousands of credit card numbers that it actually is.
Another tool, Sam Juicer, retrieves encrypted passwords but leaves behind no evidence it was ever run, allowing you to crack the passwords later offline. KY stuffs data into null directory entries, which will still look null to the outside world. Data Mule infiltrates hard disk drives’ normally off-limits reserved space. Randomizers auto-generate random file names to evade signature-based inspection. There are tools that replace Roman letters with identical-looking Cyrillic ones to avoid suspicion and inspection. In other words, you need explorer.exe to run your computer, but you don’t need explorer.exe, which looks the same but actually starts with a Cyrillic “e” and is a keylogger.
If you want to go full-out cloak-and-dagger in your movie, you’d show off antiforensic tools that have gone solid-state. Diskless A-F is the state of the art; it avoids logging of activity all together. “There’s nothing on the disk that can’t be messed with,” says Liu. “So the arms race has left the disk and is moving into memory. Memory is volatile storage. It’s a lot more difficult to understand what’s going on in there. Disk layout is documented; you know where to look for stuff. In memory, stuff moves around; you can’t track it down.”
MosDef is one example of diskless antiforensics. It executes code in memory. Many rootkits now load into memory; some use the large stockpiles of memory found on graphics cards. Linux servers have become a favorite home for memory- resident rootkits because they’re so reliable.
Rebooting a computer resets its memory. When you don’t have to reboot, you don’t clear the memory out, so whatever is there stays there, undetected. “You’ve got 128 megs of RAM in network printers that are never shut off!” exclaims Michael Davis, CEO of incident response company Savid Technologies and a veteran security researcher who worked on the Honeynet Project. “It’s an old technique, but a common one.”
Antiforensics Tools That Appear Legitimate on First Blush
Perhaps less sexy—but just as problematic to the forensic investigator—are antiforensic tools that fall into a gray middle on the spectrum of legitimacy. These include tools like packers, which pack executable files into other files. In the aquarium case, the criminal most likely used a packer to attach his rootkit to the audio file. Binders bind two executables into one, an especially dangerous tool when one of the executables is legitimate. I might have no concern clicking on firefox.exe, for example, but it could very well be bound to keylogger.exe. Virtualization is a popular trend in IT now, because it allows one machine to run many environments. Hackers simply apply the principle to their jobs; one of the virtual environments borrowing the hardware becomes theirs.
Steganography—hiding data in other data—has legitimate uses for the privacy conscious, but then criminals breaking into systems are privacy conscious too. A great way to transport data you’re not supposed to have is to hide it where it will generate no suspicion, like in photos of executives that the marketing department keeps on the network. (Disagreement reigns over the prevalence of steganography as an antiforensic technique in practice; no one disputes its capabilities or increasing ease of use, though). Disk wiping systems are valuable for refreshing and decommissioning hard disks on machines, and boosting performance. But they also serve the criminal who needs to erase his digital tracks. Some data wiping programs have been tuned to thwart the specific programs that criminals know are popular with forensic investigators, like EnCase, and they are marketed that way.
The most prosaic antiforensic tools are also the most common. Security software like encryption and VPN tunneling serve as foundations of the criminal hacker’s work once he’s infiltrated a system. “In one case, we found a large retail database that was compromised,” says Sartin.
“And the first thing the hackers did when they got there was install a client VPN,” and at that point, they became virtually invisible. Another classic antiforensic technique is to partition a hard drive and encrypt one section of it, then partition that partition and encrypt a subsection of that.
“Any data in that second partition I can deny ever existed,” says Henry. “Then the bad guy who is caught gives up the password or key for the first partition, which typically contains only moderately bad stuff. The really bad stuff is in the second partition, but the investigators have no clue it’s there. Forensic tools wouldn’t see the second partition; it would look like random trash.”
These techniques are not sexy—they might not make it into the movie—but in some ways they’re actually the most problematic antiforensic tools, because there are excellent reasons to continually improve encryption, secure remote access, disk partitioning and virtual environments. Better encryption stands to protect data and privacy. Secure tunnels make remote business over the Internet feasible. Virtualization is an efficiency boon. And yet, improving these products also happens to improve the criminal’s antiforensic toolkit in lockstep.
This list is only a sample of the tools used for antiforensics. Many others do clever things, like block reverse engineering of code or purposefully leave behind misleading evidence to send forensic investigators down the wrong path, wasting their time and money. Taken at its most broad, antiforensics even extends to physical techniques, like degaussing hard drives or taking a sledgehammer to one. The portfolio of techniques available, for free or for a low cost, is overwhelming.
An antiforensic pioneer and hacker who calls himself the Grugq (sounds like “grug”) says he once presented this kind of primer on antiforensics to the police’s largest computer forensics unit in London. “It was packed with all these mean-looking coppers,” he recalls. “And here I am, this computer security guy saying, ‘You’re all [screwed] and there’s nothing you can do about it.’
When I finished, it was quiet. Only one person raised his hand. Scary geezer. Six-two, shaved head. Tattoos all over his arms. I thought he might thump me.
“But he stood up and looked like he was about to cry. All he said was, ‘Why are you doing this?’”
Why Are They Developing Antiforensic Tools?
As long as five years ago, Grugq was creating antiforensic tools. Data Mule is one in his package that he calls the Defiler’s Toolkit. Likewise, Liu developed Timestomp, Slacker and other tools for the Metasploit Framework. In fact, a good portion of the antiforensic tools in circulation come from noncriminal sources, like Grugq and Liu and plain old commercial product vendors.
It’s fair to ask them, as the overwhelmed cop in London did, why develop and distribute software that’s so effective for criminals?
Grugq’s answer: “If I didn’t, someone else would. I am at least pretty clean in that I don’t work for criminals, and I don’t break into computers. So when I create something, it only benefits me to get publicity. I release it, and that should encourage the forensics community to get better. I am thinking, Let’s fix it, because I know that other people will work this out who aren’t as nice as me. Only, it doesn’t work that way. The forensics community is unresponsive for whatever reason. As far as that forensic officer [in London] was concerned, my talk began and ended with the problem.”
Antiforensics Tools Reveal Vulnerabilities in Computer Forensics Tools
Liu agrees but takes it further. He believes developing antiforensics is nothing less than whistle-blowing. “Is it responsible to make these tools available? That’s a valid question,” he says. “But forensic people don’t know how good or bad their tools are, and they’re going to court based on evidence gathered with those tools. You should test the validity of the tools you’re using before you go to court. That’s what we’ve done, and guess what? These tools can be fooled. We’ve proven that.”
For any case that relies on digital forensic evidence, Liu says, “It would be a cakewalk to come in and blow the case up. I can take any machine and make it look guilty, or not guilty. Whatever I want.”
Liu’s goal is no less than to upend a legal precedent called the presumption of reliability. In a paper that appeared in the Journal of Digital Forensic Practice, Liu and coauthor Eric Van Buskirk flout the U.S. courts’ faith in digital forensic evidence. Liu and Van Buskirk cite a litany of cases that established, as one judge put it, computer records’ “prima facie aura of reliability.”
One decision even said computer records were “uniquely reliable in that they were computer-generated rather than the result of human entries.” Liu and Van Buskirk take exception. The “unfortunate truth” they conclude, is that the presumption of reliability is “unjustified” and the justice system is “not sufficiently skeptical of that which is offered up as proof.”
It’s nearly a declaration that, when it comes to digital information, there’s no such thing as truth. Legally anyway. As Henry likes to put it, “Antiforensic tools have rendered file systems as no longer being an accurate log of malicious system activity.”
Computer forensics in some ways is storytelling. After cordoning off the crime scene by imaging the hard drive, the investigator strings together circumstantial evidence left at the scene, and shapes it into a convincing story about who likely accessed and modified files and where and when they probably did it. Antiforensics, Liu argues, unravels that narrative. Evidence becomes so circumstantial, so difficult to have confidence in, that it’s useless. “The classic problem already with electronic crimes has been, How do you put the person you think committed a crime behind the guilty machine they used to commit the crime?” says Brian Carrier, another forensic researcher, who has worked for the Cerias infosecurity research program at Purdue University. Upending the presumption of reliability, he says, presents a more basic problem: How do you prove that machine is really guilty in the first place? “I’m surprised it hasn’t happened yet,” says Liu. “But it will.”
Under the current computing infrastructure, data is untrustworthy, then. The implications of this, of courts limiting or flat-out denying digital forensics as reliable evidence, can’t be understated. Without the presumption of reliability, prosecution becomes a more severe challenge and thus, a less appealing option. Criminals reasonably skilled with antiforensics would operate with a kind of de facto legal immunity.
Making It Not Worth It
Despite all that, casting doubt over evidence is just a secondary benefit of antiforensics for criminals. Usually cases will never get to the legal phase because antiforensics makes investigations a bad business decision. This is the primary function of antiforensics: Make investigations an exercise in throwing good money after bad. It becomes so costly and time-consuming to figure out what happened, with an increasingly limited chance that figuring it out will be legally useful, that companies abandon investigations and write off their losses. “Business leaders start to say, ‘I can’t be paying $400 an hour for forensics that aren’t going to get me anything in return,’” says Liu. “The attackers know this. They contaminate the scene so badly you’d have to spend unbelievable money to unravel it. They make giving up the smartest business decision.”
“You get to a point of diminishing returns,” says Sartin. “It takes time to figure it out and apply countermeasures. And time is money. At this point, it’s not worth spending more money to understand these attacks conclusively.”
One rule hackers used to go by, says Grugq, was the 17-hour rule. “Police officers [in London’s forensics unit] had two days to examine a computer. So your attack didn’t have to be perfect. It just had to take more than two eight-hour working days for someone to figure out. That was like an unwritten rule. They only had those 16 hours to work on it. So if you made it take 17 hours to figure out, you win.” Since then, Grugq says, law enforcement has built up 18-month backlogs on systems to investigate, giving them even less time per machine.
“Time and again I’ve seen it,” says Liu. “They start down a rat hole with an investigation and find themselves saying, ‘This makes no sense. We’re not running a business to do an investigation.’ I’ve seen it at Fortune 100s. The company says, ‘We think we know what they got and where. Let’s close it up.’ Because they know that for every forensic technique they have, there’s an antiforensic answer. Unfortunately, the converse isn’t true.”
The Rise of Antiforensics Tools Will Force Computer Investigators to Change
By now, it should be clear why Henry of Secure Computing has been giving a presentation called “Anti-Forensics: Considering a Career in Computer Forensics? Don’t Quit Your Day Job.” The state of forensics certainly sounds hopeless, and Henry himself says, “The forensics community, there’s not a hell of a lot they can do.”
But in fact there’s some hope. Carrier says, “Yes, it makes things a lot harder, but I don’t think it’s the end of the world by any means.” What can start to turn the tables on the bad guys, say these experts and others, is if investigators embrace a necessary shift in thinking. They must end the cat-and-mouse game of hack-defend-hack-defend. Defeating antiforensics with forensics is impossible. Investigations, instead, must downplay the role of technology and broaden their focus on physical investigation processes and techniques: intelligence, human interviews and interrogations, physical investigations of suspects’ premises, tapping phones, getting friends of suspects to roll over on them, planting keyloggers on suspects’ computers.
There are any number of ways to infiltrate the criminal world and gather evidence. In fact, one of the reasons for the success of antiforensics has been the limited and unimaginative approach computer forensic professionals take to gathering evidence. They rely on the technology, on the hard disk image and the data dump. But when evidence is gathered in such predictable, automated ways, it’s easy for a criminal to defeat that.
“I go back to my background as a homicide detective,” says the investigator in the aquarium case. “In a murder investigation, there is no second place. You have to win. So you come at it from every angle possible. You think of every way to get to where you want to go. Maybe we can’t find the source on the network with a scanning tool. So you hit the street. Find a boss. His boss. His boss. You find the guy selling data on the black market. The guy marketing it on [Internet Relay Chat]. You talk to them. They’re using stego? Maybe we drop some stego on them. The techniques used in physical investigations are becoming increasingly important.”
Indeed, if one looks back on some of the major computer crimes in which suspects were caught, one will notice that rarely was it the digital evidence that led to their capture. In the case of Jeffrey Goodin of California, the first ever under the Can-Spam Act, it was a recorded phone call with a friend who had flipped on the suspect that led to the conviction. In the case of the Russian botnet operators who had extorted millions from gaming sites, it was an undercover operation in which a “white hat” hacker befriended the criminals. In the United Kingdom, says Grugq, the police are using social modeling to try to penetrate antiforensics used on mobile phones for drug dealing. “The police’s goal is to get a confession,” he says. “They don’t care if they have compelling evidence off the disk.” In the TJX case, the only arrests made to date are based on purchases of exorbitant gift cards at the company’s retail stores, caught on tape.
It will be the interviews with those people, and not system analysis, that will lead to more information and, potentially, more arrests in the case.
“Every successful forensics case I’ve worked on turned into a physical security investigation,” says Bill Pennington, a researcher at White Hat Security and veteran technical forensics investigator. “In one case, it was an interview with someone who turned on someone else. You layer the evidence. Build it up. He sees the writing on the wall, and he cracks. But if we had to rely on what the computer evidence told us, we would have been stuck.”
Moving Targets
Behind the portfolio of easy-to-use Windows-based antiforensic tools, criminal hackers are building up a next-generation arsenal of sophisticated technical tools that impress even veterans like Grugq. “There are now direct attacks against forensic tools,” he says. “You can rootkit the analysis tool and tell it what not to see, and then store all your evil stuff in that area you told the analysis tool to ignore. It is not trivial to do, but finding the flaw in the analysis tool to exploit is trivial.”
Another new technique involves scrambling packets to avoid finding data’s point of origin. The old-school way of avoiding detection was to build up a dozen or so “hop points” around the world—servers you bounced your traffic off of that confounded investigations because of the international nature of the traffic and because it was just difficult to determine where the traffic came from, really.
The state-of-the-art antiforensic technique is to scramble the packets of data themselves instead of the path. If you have a database of credit card information, you can divvy it up and send each set of packets along a different route and then reassemble the scatterlings at the destination point—sort of like a stage direction in a play for all the actors to go wherever as long as they end up on their mark.
The aquarium attack, two years later, already bears tinges of computer crime antiquity. It was clever but today is hardly state of the art. Someday, the TJX case will be considered ordinary, a quaint precursor to an age of rampant electronic crime, run by well-organized syndicates and driven by easy-to-use, widely available antiforensic tools. Grugq’s hacking mentor once said it’s how you behave once you have root access that’s interesting. In a sense, that goes for the good guys too. They’ve got root now. How are they going to behave? What are they going to do with it? “We’ve got smarter good guys than bad guys right now,” says Savid Technologies’ Davis.
“But I’m not sure how long that will be the case. If we don’t start dealing with this, we’re not even going to realize when we get hit. If we’re this quiet community, not wanting to talk about it, we’re going to get slammed.”
Source:
http://www.cio.com/article/114550
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