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June 30, 2008

Protecting the Right to Vote

CherokeeFreedmen.jpgThis is a citizen of the Cherokee Nation of Oklahoma. He, or others like he, were more likely to vote, back when Ross Swimmer was just Principal Chief of a Cherokee Nation that had only had the collective franchise since Watergate, for anyone other than Ross. So Ross invented the "by blood" requirement, and began the Cherokee Freedmen disenfranchisement.

CNO elections are thin little things, 2% of the population, 15% of the electorate. The qualification to vote, the right to the franchise, is not limited to great property owners, or to hereditary sub-chiefs, but to the few who either hold jobs or housing directly from the CNO, or who believe that voting is worthwhile.

Wilma Mankiller too needed to suppress votes, so the "by blood" requirement rolled on. Joe Byrd didn't, but his fight with the Cherokee Courts were far more important than some fiction that didn't get him elected, and wouldn't get him re-elected. Finally, for Chad Smith, they are all that keep him from becoming a footnote in the history of voting in the Oklahoma Nations.

When I first visited Maine, there were no Indians there. Congress created them, then some more, and eventually we hope will create some more. When I left California, there were no Indians there too. Congress created those Indians too. When I worked on the Chiloquin District of the Klameth National Forest, the majority of the inhabitants of Chiloquin weren't Indians either. Congress had made them non-Indians in a termination act, with a settlement that was already memory when I got there. Becoming Indian, and Becoming Un-Indian, are things that happen to some. So when the Pechanga Band caught a civic disease and disenfranchised and exiled a third of the Band's membership, did the disenrollees cease to be Indians, or did they simply cease to be citizens of the Pechanga polity?

Is there a status that is "Federal Indian", yet is not a citizen of any Federally Recognized Indian Tribe? The current answer, in the US, is "no". In Canada, the answer is "yes".

With that intro, here's the press release that Marilyn Vann released, published in the Tulsa paper. For those who didn't read Wampum during the CNO election, we worked Stacy Leeds and Raymond Vann side of the fence, and Stacy and Raymond got 40% of the vote.



The Freedmen Band of Cherokee nation of Oklahoma will hold its next meeting Saturday July 19 2008 at the West Side Community Center, 501 S Bucy in Bartlesville Oklahoma.

The meeting will begain at 12:15pm. The organization educates freedmen tribal members and the general public on their rights and responsibilities as tribal members. Band officers Marilyn Vann and Vera Jones will update meeting attendants on their recent trip to Washington DC to visit members of Congress to request support for legislation supprting the freedmens rights.

The special speaker for the meeting will be John Gomez, a former Pechanga Nation tribal official who is currently President of the American Indian Rights and Resources Organization (AIRRO), an organization which fights for the rights of California Indians who have been disenrolled as citizens of California Indian tribes in violation of federal, state, and or Indian nation tribal law.

The meeting is free and open to the general public. Meeting attendants are asked to bring a "covered dish" to share with the other meeting attendants. For more information contact Mr Riley 918-331-3535 or or Mrs Vann: 405-818-5360 or e-mail mkvann@hotmail.com

post-ICANN

I missed Jerome à Paris, who blogs at European Tribune. I was going to swap Internet Policy up close and smelly with Eric's annotations for some time on the subject of financing off-shore wind projects, which he's actually pulled off.

After our last meeting Elmar, Werner and I use the VeloLib system and rent bikes and cycle away from the local landmark (Montparnass tower in high definition uglyness) towards a distant landmark (Eiffle Tower), and return, where Werner leaves for Geneva. Then Elmar and I continue in another direction, resolutely towards the Seine, passing the Sorbonne and dropping in by accident on the largest legal research library in Europe, where we two are allowed in the back way to the reading room, the Arab Institute and finally Notre Dame, where we rack our rentals and sit for a beer while the sun sets.

Metro back and final goodbyes, Elmar to Dortmund and I to ... the Indians Fire, now joined by the Basin Fire Complex.

When I left for Paris, the Indians Fire (a place in the Santa Lucia Mountains, between the Big Sur Coast and the Salinas Valley, where I've spent time as a boy) was 35,000 acres and when the prevailing upper level winds took the smoke plume over King City, we'd no shadows at mid-day.

That fire is now twice as big, there are fire evacuees in our camp, and another fire that started five days ago during a lightning storm, at the Big Sur Coast, is now 30,000 acres, and the two fires are probably going to join in a day or two. Many places I've camped in or hiked in or fished in as a boy are burnt already or will be burned in days. The Tassajara Zen Center will probably burn.

The air in the central coast is grey, the outline of the nearest hills is indistinct. It is unhealthy to breath so we're going to move camp Tuesday or Wednesday.

The english expression is "where there is smoke, there is fire". The flames can't be seen, but the smoke plumes from the Indians and Basin fires sure can be.

I feel like I've come home to ... a global warming daymare. However, the kids are happy to see me and MB is excited to be paid senior staff for a campaign that (finally) has a chance, a good chance, of winning, and I've got a ton of work to do.

ICANN day 5

The day begins with the Good meeting the Bad. The At Large Constituency (ALAC) briefing the Registrar Constituency (RC) on their planned "Summit", which if funded would bring lots of people from the hundred-plus Internet Society chapters and similar "at large" but not otherwise "stakeholders" in ICANN, and begging we wealthy, miserly, penny pinching Registrars for funding, or a nod of approval.

The irony is that the real reason the RC votes to cut ICANN funding for travel isn't beacuse the RC is opposed to funding travel by non-funded participants to ICANN meeting, but because we can't find a way not to be paying the business class air fare and five star hotel costs of the Intellectual Property Constituency (IPC), the so-called Commercial and Business Users Constituency (CBUC), and the so-called Internet Services Provicer Constituency (ISPC). The latter three are wicked non-poor and the cross-corrolation of their voting patterns is in the high 80 percentiles, which is a polite means of observing that the issues advanced by commercial and business entities and network operators at ICANN are profoundly unlikely to be unrelated to intellectual property. They get snippy when we use the C word, "captured", or the S word "shells".

Anyway, whether the venue is Cairo or Mexico City, I used my mic time to ask the organizers to bring more than just "policy" to the event, but that they make an effort to help identify the requirements for scripts their communities use, and send that data to us, then I flit off to the "IDN Workshop".

The close of the day is the open mic, which I actually manage to pass on this time, followed by the Board voting on things decided well before the open mic period.

Structural reform from the multi-stakeholder form (Ira Magaziner's leperous legacy) to contractual parties and non-contractual parties, with the voting not changed or slightly changed or more than slightly changed from the present balance of powers (see Good, Bad, and inferred Ugly, above) passes in part, and the new gTLD process passes.

June 25, 2008

.paris

The evening event is the gala at the Hôtel de Ville, and while transport through the Metro has been organized, we take a cab and end up with a former Tsahal intel operative and a former South Lebanon Army operative chattering happily about old time in the front seat, while Amadeu and I head to an event who's outcome we do not yet know ...

The Hôtel de Ville is impressive, and despite having brought the wrong ticket, I'm let in, my ticket being the equivalent or more exclusive (in spite of the fact I'd given it away and unaware I'd two of the precious things or that I had the wrong ticket). Mirrors, flags and so on. We work our way towards the front and the acoustics are amazingly bad. The French is "wao wao wao wao", then the translation in English is "wah wah wah wah", but eventually I can lip-read and some of the text is intelligible.

Charles de Gaulle spoke here upon the liberation of Paris from the Nazis in 1944. Fortunately, he had a mic and his speech was recorded. It is what should be taught, not The Little Prince. Imagine having a president who didn't merely speak intelligibly, but was more than just glib rhetorical moments. It is the "I have a Dream" voice and text for the French.

Then the moment. Jean-Louis Missika, deputy mayor for innovation, announced the city's official support for .paris. We'd done it. Sebastian for Paris, Dirk for Berlin, Amadeu for an as yet unidentified city, we'd gotten the city TLD model an actual face. As early as that morning we'd not known if that phrase would be in the text. Champagne was served and while Germany and Turkey contested the field of honor on the wide-screens just outside the hall, along with most of the attendees, Amadeu and I just sat on the now-empty stage and chatted with friends working on cities or linguistic and cultural proposals or watched the "ICANN kids" play act the capture of Paris by Pyrates.

At some point I got pulled of for 15 minutes of fame on Catalan video and gave a surprisingly good television interview. I'd no idea I was actually presentable and comprehensible. The subject was the .cat cultural and linguistic TLD, and my crimes were having written the original sponsor TLD paper, the ancestor of .coop, .aero and .museum, and having been the CTO of the .cat proposal, at least on paper, at least as far as ICANN and other Catalan sponsors were concerned.

ICANN day 4

Issues. Whether one brings the interests of a registrar, or a registry, today was issues. I cover registries for CORE, and as at LA and Delhi I participated in this agenda. At the end of the day I'd a quarter of an hour scheduled in the registrar constituency meeting, where I talked about two technical issues. The first was the assumptions we had when drafting the Extensible Provisioning Protocol, a universe long past of six or so registries and sixty or so registrars -- an order of magnitude off on one axis, and in not very long, an order of magnitude off in the other axis as well. The second was the process consequence of having originated no technical requirements at all for a change in the mechanism currently used to present ASCII strings as non-ASCII characters.

Verisign, and in the registrar constituency, GoDaddy and Network Solutions, are the giants in the rooms.

June 24, 2008

ICANN day 3

I skipped the ccTLD Technical, I'd done that at Los Angeles and New Delhi, and my interest in ccTLD operational art is narrower now than it was then. Which are IPv6 ready, which are DNSSEC ready, which are offering the xn--hokeymumble.ccTLD form of "International Domain Names" (they turn into strings of Unicode glyphs in your browser, if you're lucky and easily amused), and so on. Instead I'd a series of meetings to vet the technical sense of proposals ...

In the afternoon I attended the Security meeting. In LA "frontrunning" was a big deal, but there was no evidence that it existed, which was amusing. In New Delhi the largest registrars announced that they were doing it "to protect the registrants" (ha!). Mercifully, now the subject areas were more concrete -- registrar impersonation by phishers and much more fun ... "the issues, unanticipated consequences, and security vulnerabilities that result when a name service provider intercepts a "non-existent domain (NXDOMAIN)" response and modifies that response to redirect the client resolver to an alternative IP address."

At the end of the day I was happy to give the rare invitation to cocktails at the Au Toit de La Grande Arche to a potential partner from one of the Celtic linguistic and cultural proposing groups. I was bushed after a day of meetings with new TLD proposants, some with more negatives than positives, some worth following up on. I'd dinner with Amadeu Abril y Abril and his wife Marta and Mar, their beautiful daughter, who could say "mama" and "dada" and "ola" and point to "ecce" (me) and point to herself.

25 years of DNS

On June 23rd, 1983, Paul Mockapetris and Jon Postel ran the first successful test of the automated, distributed Domain Name System.

June 23, 2008

ICANN day 2

The best part of the day was going over the character sets for the Ga language (Accra area of Ghana) and the Ewe language (elsewhere proximal to Ghana). The worst part of the day was listening to an independent reviewer construe the mission and purpose of the At Large Constituency as being best uncorrupted by having voting rights on the ICANN Board, and by their unsullied purity, the guardians of the public trust.

Never mind that the Board of Directors of a California 501(c)(3) public trust corporation have a dual trust duty, to the public trust and to the entity which the Board governs. Either California law no longer applies, something to task Jerry Brown now that he's AG, or the existence of a Vestal Virgin entitles the Corporate Senate to whore about with swine and wine.

Other bits of the day were (spear) fishing for registrars and stupid tricks ISPs are now using to add value (or why everything now points to a Yahoo! monitized ad page for users of several ISPs, Hughes Network included). Odd how "stability and security" of the Internet is recited like a meaningful mantra by ICANN staff whenever discussion turns to what-the-heck-is-going-on-with-internationalized-domain-names, while elsewhere, an inconsistent DNS is now the norm, not the exception.

Our perennial favorite was the new gTLD workshop, where staff again recited the process now another ICANN Freedman equivalent unit translated into the future, unless the IDN mess really blows up at the August IETF meeting in Dublin, see para supra, at which point IDNs are dead for the foreseeable future.

So, I'm now one half of the working group on Roman (and drug or doG crazed ("missionary inflicted" if you prefer) phonetic dingbat) character sets used by West African languages, in addition to being a contributor to the Arabic Script IDN Working Group. Thank goodness there's a bunch of university students in Accra who don't know that to me they look surprisingly like people with shovels standing proximal to where I imagine a ditch should be.

Pity my grand's pass on, I could use some kitchen Scots.

June 22, 2008

Writing and Reading in Tehran

I spent the afternoon discussing Arabic scripts, something the Unicode Consortium created, which is to say, the scripts used to write Arabic language texts, Urdu language texts, and of course, Farsi language texts. Seated next to me was the operator of the Iranian domain registry, who, like me, did maths at Berkeley.

We were figuring out what is wrong with Unicode/IETF, from the point of view of the Awai script, which is used to write Malay, and which is mostly taken from the Unicode "arabic script" set of code points. Doing something constructive.

Meanwhile the papers are full of Likudnic/Cheney foolishness.

ICANN day 1

Theories of Auctions and Theories of Self-Interest

If the allocation mechanism chosen for strings proposed to be added to the IANA root as top-level domains, where two or more proposals exist for those strings, is "auction", is there a conflict of interest?

It may be if ICANN benefits from the proceeds, direct or indirect, of auctions.

If two or more proposals are made for a string, and one self-identifies as "community based", e.g., a cultural or linguistic community, and one (or more) of the "open" proposals is claimed by its author as bringing "more value to the DNS" (an undefined term), if being "community based" is not dispositive, then which proposal prevails? If a car manufacturer can bring "more value to the DNS" than some Jay Random Tribe(s) of Indians, should ICANN award the names of the Jay Random Tribe(s) of Indians to a car manufacturer?

Gaming the rules is a cottage industry in the domain name business.

Today was spent on the calculus of gaming, and by the bye, online privacy is toast.

June 21, 2008

ICANN day 0

You might think, after almost 8 years of study, debate, and so forth, we'd be done with WHOIS. We're not. Today we were churlishly reminded by the members elected to the GNSO Council (think "Hairspray" if you draw a blank) by "the Business Constituency" (a fraud that consists of three people and a dog), that privacy is frivolous, and that spam, porn, phish, and so on are what happens when WHOIS doesn't provide accurate data ...

At least we're no longer terrorists. The climate has slightly improved and the usual Federal Clowns aren't present doing dog-and-ponys on the mission of the moment.

The absurdity of it is beyond words. In a universe of 170,000,000 data points, what sample size is required to provide a degree of accuracy, and how much time to manually process each response, if a survey to determine ... oh, and no one actually has a hypothesis that can be tested, but the day when WHOIS is shut off is moved another several years into the future, so that "studies" can be done.

On one side of the table is Intellectual Property Constituency, the (fake) ISP Constituency and the (fake) Business Constituency, all citing G-Men and boogie-men for why privacy is a very bad thing. What they really mean is they can't be bothered with tiered access, with proving a data request is reasonable, they just want access without restriction (just like the {spam | porn | phish | ...} sources, who harvest the same data from the same sources -- the one thing we do have useful stats for.

On the other side of the table are the evil, horrible, profiteering Registrar Constituency, the evil, horrible, profiteering Registry Constituency (I wear both hats), and the evil, horrible, profitless non-commercial and at-large Constituency.

Jean Paul-Sartre is buried just down the street. I suppose his being dead means he doesn't have to worry about his personal privacy, or spending time before going on to Soviet Hell (from an old IWW song my dad taught me) listening to pious cant about how WHOIS protects us from spam, porn, phish, and the next best exploit, while direct advertisers and Google accumulate and corollate personal data and monitize that "legally".

Tom Allen and FISA

Unfortunately 105 Democrats voted for the proposition that the administration may cause persons to conduct illegal acts, persons in the present moment being Verizon (and others) operating gigataps at MAE West in San Jose, MAE East in New York, and WDC, Miami, Dallas, Chicago, Los Angeles (and elsewhere) with black backhaul to ... somewhere, effecting wiretap, and those persons are indemnified from the civil and criminal consequences for their overtly unlawful acts because ... now they are lawful.

Tom Allen and Michael Michaud voted "Ney".

The roll call vote is here. The votes of the Democratic Leadership is as follows:

Hon. Nancy Pelosi (CA-08), Speaker of the House yea
Hon. Steny H. Hoyer (MD-05), Majority Leader yea
Hon. James E. Clyburn (SC-06), Majority Whip yea
Hon. Rahm Emanuel (IL-05), Democratic Caucus Chairman yea
Hon. John B Larson (CT-01), Democratic Caucus Vice Chair ney
Hon. Xavier Becerra (CA-31), Assistant to the Speaker ney
Hon. Rosa DeLauro (CT-03), Democratic Steering Committee Co-Chair ney
Hon. George Miller (CA-07), Democratic Steering Committee Co-Chair ney
Hon. John Lewis (GA-05), Senior Chief Deputy Whip ney
Hon. G.K. Butterfield (NC-01), Chief Deputy Whip yea
Hon. Joe Crowley (NY-07) , Chief Deputy Whip yea
Hon. Diana DeGette (CO-01), Chief Deputy Whip ney
Hon. Ed Pastor (AZ-04), Chief Deputy Whip ney
Hon. Jan Schakowsky (IL-09), Chief Deputy Whip ney
Hon. John Tanner (TN-08), Chief Deputy Whip yea
Hon. Debbie Wassserman Schultz (FL-20), Chief Deputy Whip ney
Hon. Maxine Waters (CA-35), Chief Deputy Whip ney

My neighbor at the GNSO meeting (where WHOIS (aka privacy) is being debated) leaned over to comment "and we still don't have the text of the FISA bill" ... which seems unsurprising.

June 20, 2008

ICANN day -1

Today I'm attending the seventh meeting of Egeni, an ISOC France event. The schedule is for several round-tables on Internet Governance, and from my point of view what we're discussing is choice among several abstract models. The second round-table is futurologists competing for who can cast the widest net. The third round-table is about users.

What's missing? In round-table #1, where government and industry (in the form of the Chambers of Commerce) are present, labor is not. No one from CWA, the AFL-CIO, the ILO. It is a failing that the ILO is absent. There is a term for Capital and Government united -- Fascism. I suppose everyone just assumes that every communications worker, every coder, every keyboarder, every ... worker already has good wages and working conditions and health insurance and portable and safe retirements. There are no worker issues, and people without money simply have no use for data.

In round-table #2, where the lot of the future is cast (always a amusing diversion) there is no one from a handset vendor, or from an auto manufacturer (high end passenger cars now include 50 electronic control units, and the complexities of cable and harness integration in chassis construction is making these wireless. Oh Dog help me. Round-table #2 is rat holing into China firewall bashing and pedophilia. I could have stayed home and turned on the RNC technology show on CNN or Fox. I suppose hearing this in French is educational. The saving grace of this interminable boredom is a brief detour to post-apocalyptic Uganda by Fred Baker.

In round-table #3 where the users are the objects of discussion, but not actually present, no browser vendor is present.

We did what we called the catwalk (in honor of our starting .cat for Catalelan) to talk about new gTLD. On the "cakewalk panel" are Tijani BenJemaa for .med (the Mediterranean Union), my friend Dirk Kirchenowski for .berlin, Tom Lowenhaupt for .nyc and Werner Staub for several of our joint projects -- .bzh (Bretagne), .gal (Galacia) and .cym (Wales). I spoke about .nai.

June 19, 2008

More local color

IMG_0216.jpgThe directions were flawless. Mid-afternoon I arrived at the conference venue hotel. My final approach was illuminated by the smoke and glare of flares and the round and harmless "boom" of rail torpedos being detonated, punctuating the chanting of the crowd. Railway workers protesting the headquarters of the SNCF across the stree over the plan to raise the work week from 37.5 hours to something higher.

Of the 400 or so happy noisy chemiots I counted ... zero women.

I'm in Paris for an ICANN meeting. Another week of Internet Governance, or its absence, up close and smelly. The photo is my very modest hotel. The venue hotel is 6x as dear.

June 17, 2008

A little local color

The largest wildfire in California is about 12 miles west of where we are camped. There are 1,900 people working to contain the "Indians Fire" which has burned 33,000 acres and is less than 1/3rd contained, and the smoke plume is enormous. Today the wind took it over King City. The effect is that everything is yellow to orange, and there were no shadows at mid-day. Last night a fire started about a quarter of a mile from our camp and burned along a front I estimate to be 100 yards long. The fire was slightly upwind of us, burning in the brush along the Salinas River. After I got the kids ready to evacuate local fire crews arrived and quickly put it out -- nothing like having unlimited water when putting out a brush fire.

Here's the fire from our rooftop as of Tuesday:

june17fire2.jpg

June 15, 2008

Ceder Rapids, Iowa City and Coralville

coralville-flow.jpgWe spent several weeks in Iowa City, working the Draft Gore project, based at the Corps of Engineers campgrounds at the Coralville Reservoir. I've been looking over pictures, from the Iowa City and Ceder Rapids papers where the flooding is being covered, and from our archives. This picture shows the Iowa River starting at the release gate, usually lined with fishermen. Wealthier Anglos with rods and reels on the near side, poorer non-Anglos with a mix of rods and can reels on the far side. Jonah loved the walk from one camp on the far bank up to the fishing spots at the flood gate, where there was always pebbles and stones to toss down into the water and carp and down the quiet banks (out of sight on the right) to the ruins of an older railroad bridge across the Iowa.

Apropos of nothing, it was on one of those walks with Jonah that I saw a pileated woodpecker. It was from Iowans camping with us we learned that Ethanol really isn't an issue that affects many people, and that Iowa is more complex than just corn. We met people, documented and not, who work at meat packing plants, the Hispanic demographic of Iowa, with its mercados and lavanderias. And while we were waiting for parts to catch up with us, we went to the Coralville strip, now under 5' of water, to get network access.

When we first got to Iowa City we were immediately struck by the tornado damage -- the St. Patrick's Day of 2006 tornado -- the buildings without roofs and the wreck of one of the large greek houses all close to campus.

The deli where MB met John Edwards in Rapid City (for the 3rd time) is underwater, as is the muni power plant, most of the water system.

The water is now over a foot deep, and projected to get three feet higher, at the Coralville Reservoir spillway, and of course the camp area we used facing the lake is well below the spillway. The camp area we used in the photo (far bank, extreme right) has been closed for a week as the Corps has moved the release from 2,000 cfs (photo level) up to 20,000 cfs (somewhat higher, neh?) as the water level approached, and today passed, the "500 year" flood stage, last set in 1993.

The river-side portion of the university campus in Iowa City is sandbagged, there's been evacuations, and now they can only wait for the crest to pass.

June 14, 2008

Weekend Reading

Susie Madrake (of Suburban Guerrilla was kind enough to send a pointer to the UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM, PROPOSED COMMITTEE REPORT of JUNE 11, 2008, 35 pages of high minded investigative righteousness that mentions Indians twice on pages 5, 6 and 11, and once more on page 26, the MMS, or oil, gas, coal and uranium not at all, the IGRA or Indian Gaming not at all, Chad Smith or the BIA not at all, and so on.

The Democrats unwillingness to lift the veil and go beyond deference to the "Senator from Indian Country" is why the efforts of the Congressional Black Caucus should interest, not simply alarm, Indians working towards reform, whether of tribal governments long captured by corporations and long abandoned by distant agency, or of basic economic means to improve the well-being of Indians.

On a 5-4

Voted to confirm Roberts:

Baucus (D-MT), Bingaman (D-NM), Byrd (D-WV), Carper (D-DE), Conrad (D-ND), Dodd (D-CT), Dorgan (D-ND), Feingold (D-WI), Johnson (D-SD), Kohl (D-WI), Landrieu (D-LA), Leahy (D-VT), Levin (D-MI), Lieberman (D-CT), Lincoln (D-AR), Murray (D-WA), Nelson (D-FL), Nelson (D-NE), Pryor (D-AR), Rockefeller (D-WV), Salazar (D-CO), Thune (R-SD) and Wyden (D-OR).

Voted to confirm Alito:

Byrd (D-WV), Conrad (D-ND), Johnson (D-SD) and Nelson (D-NE)

Unsurprisingly, the latest 5-4 ruling by the branch of government that appointed the Bush/Cheney regime is supposed to motivate progressives and feminists to unconditionally support a conservative campaign (in so far as there is a record) which was the beneficiary of a corporate program of misogyny without precedent since Teddy Roosevelt's Progressive Party included woman suffrage in their platform and the subsequent mobbing of the Women's Suffrage parade on the eve of Woodrow Wilson's inauguration, which injured hundreds of women with no subsequent arrests.

As if the graceful rhetoric of the handsome nominee will make fixing the above simply unnecessary.

June 13, 2008

Eloise Cobell on NPR Monday

Elouise Cobell, lead plaintiff in the Cobell vs Kempthorne lawsuit, will appear on NPR's "Tell Me More" Show Monday afternoon (June 16). In the segment, Ms, Cobell explains the latest developments in the case, which is currently being tried in U.S. District Court in Washington.

Ms. Cobell was interviewed Friday at NPR studios in Washington by National Correspondent Cheryl Corley. The program airs in the Washington area at 2 p.m. EDT.

Times for the show elsewhere vary. Check NPR for the time it will be carried by NPR where you are.

The Irish Republic votes down the Lisbon Treaty

Article 28(3) of the Lisbon Treaty:

Member States shall undertake progressively to improve their military capabilities.

More money for warfare means less for health care, and ignoring the usual loony right nationalisms present in any such campaign (historically the John Birch Society vs, modernly the Bush Regime vs, the UN), the progressive left and working class voted overwhelmingly "No".

June 12, 2008

Cobell edges towards facts

MB's been enjoying the transcript and will post later today (or tomorrow, or after her LSAT on Monday) on the arguments of the plaintiff and defendant in the Cobell litigation. Meanwhile, this just landed on the stoop:


For Immediate Release;


WITNESSES SUPPORT INDIANS' CLAIM FOR $58 BILLION

WASHINGTON, June 12 -- Lawyers for Indian plaintiffs have concluded their first round of testimony in an important trial over how much money the federal government withheld from beneficiaries of its long-troubled Indian Trust program.
An accounting expert testified Wednesday that the trust records were so filled with errors that he doubted the government's disbursement records were reliable.
Accountant Don Pallais said government audits show those problems continued unchecked for decades.
"You can't rely on their distribution records to represent valid payments to valid trust beneficiaries," he said.
His testimony came after another expert, Bradford Cornell, produced an economic model that showed the government had a windfall of more than $58 billion by not paying trust account beneficiaries the funds it had received from the leases of the Indians' lands.
Under trust law, trustees -- including the federal government -- can be liable to their account holders to the extent they benefited from use of their clients' money.
Witnesses said in the Indians case said most of the government's benefit came from the fact that it was able use the Indians' money to reduce the amount of money it had to borrow to keep the government running.
Former Reagan administration budget director James Miller III said those savings were "significant."
Lawyers for the Indians said their model was based on government figures that assume the Bureau of Indian Affairs paid 70 percent of the money due the trust beneficiaries.
Cornell said he was willing to have his figures adjusted if the government can produce compelling evidence that it paid out a higher percentage of its trust account receipts.
The government began presenting its case late Wednesday afternoon.
Justice Department lawyers said they will challenge the Indians' claims and present revised figures allegedly showing that most of the trust's receipts were paid.
Lawyers for the Indians will present rebuttal witnesses who will challenge the government's claims.
U.S. District Judge James Robertson is presiding over the trial, which is likely to conclude next week.
The judge has said he hopes to conclude the 12-year-old case, titled Cobell versus Kempthorne, this summer. He says he wants to issue an order spelling out what the government owes the estimated 500,000 Native Americans who have had trust accounts.

For additional information:
(Media calls only)
Bill McAllister
703-385-6996
202-257-5385 (cell)

Numbers look good in leggings. Wicked good.

Abramoff and Oversight and Government Reform

The CQ coverage is here.

Obviously, no one in Waxman's staff reads wampum, or has the smarts or the stamina to go after the issues, so they're just doing a round of, as Dan Burton correctly observes, pin the tail on the elephant.

Dan Burton , R-Ind., accused the committee’s chairman, Henry A. Waxman , D‑Calif., of trying to cause collateral damage and harm perceptions of both President Bush and presumed GOP presidential nominee Sen. John McCain of Arizona.

"Henry's on a mission," said Burton, a former chairman of that committee. "If the White House is bloodied up enough, they think that it will hurt McCain. They want to smack the White House again and again until it starts reflecting on Mr. McCain."

There was a reason Jack was present in a lot of places. Money. A lot of it.

Transitions :: Paula Allen Gunn

I was fortunate enough to find mail from Paula Allen Gunn in my inbox one morning in 2004. She died recently, at home, in Fort Bragg. We corresponded during the project of creating policy for Wes Clark.

Her website is paulagunnallen.net.

June 11, 2008

A Perfect Day

Here is the prepared text of the apology Prime Minister Stephen Harper delivered in the House of Commons on Wednesday. Paragraphs in parentheses were spoken in French. Here's the audio to listen to.

Mr. Speaker, I stand before you today to offer an apology to former students of Indian residential schools.

The treatment of children in Indian residential schools is a sad chapter in our history.

(For over a century the residential schools separated over 150,000 native children from their families and communities.)

In the 1870s, the federal government, partly in order to meet its obligation to educate aboriginal children, began to play a role in the development and administration of these schools.

Two primary objectives of the residential schools system were to remove and isolate children from the influence of their homes, families, traditions and cultures, and to assimilate them into the dominant culture.

These objectives were based on the assumption aboriginal cultures and spiritual beliefs were inferior and unequal. Indeed, some sought, as it was infamously said, "to kill the Indian in the child."

Today, we recognize that this policy of assimilation was wrong, has caused great harm and has no place in our country.

One hundred and thirty-two schools financed by the federal government were located in all provinces and territories with the exception of Newfoundland, New Brunswick and P.E.I.

Most schools were operated as "joint ventures" with Anglican, Catholic, Presbyterian or United Churches.

The government of Canada built an educational system in which very young children were often forcibly removed from their homes, often taken far from their communities.

Many were inadequately fed, clothed and housed.

All were deprived of the care and nurturing of their parents, grandparents and communities.

First Nations, Inuit and Metis languages and cultural practices were prohibited in these schools.

Tragically, some of these children died while attending residential schools and others never returned home.

The government now recognizes that the consequences of the Indian residential schools policy were profoundly negative and that this policy has had a lasting and damaging impact on aboriginal culture, heritage and language.

While some former students have spoken positively about their experiences at residential schools, these stories are far overshadowed by tragic accounts of the emotional, physical and sexual abuse and neglect of helpless children, and their separation from powerless families and communities.

The legacy of Indian residential schools has contributed to social problems that continue to exist in many communities today.

It has taken extraordinary courage for the thousands of survivors that have come forward to speak publicly about the abuse they suffered.

It is a testament to their resilience as individuals and to the strength of their cultures.

Regrettably, many former students are not with us today and died never having received a full apology from the government of Canada.

The government recognizes that the absence of an apology has been an impediment to healing and reconciliation.

Therefore, on behalf of the government of Canada and all Canadians, I stand before you, in this chamber so central to our life as a country, to apologize to aboriginal peoples for Canada's role in the Indian residential schools system.

To the approximately 80,000 living former students, and all family members and communities, the government of Canada now recognizes that it was wrong to forcibly remove children from their homes and we apologize for having done this.

We now recognize that it was wrong to separate children from rich and vibrant cultures and traditions, that it created a void in many lives and communities, and we apologize for having done this.

We now recognize that, in separating children from their families, we undermined the ability of many to adequately parent their own children and sowed the seeds for generations to follow, and we apologize for having done this.

We now recognize that, far too often, these institutions gave rise to abuse or neglect and were inadequately controlled, and we apologize for failing to protect you.

Not only did you suffer these abuses as children, but as you became parents, you were powerless to protect your own children from suffering the same experience, and for this we are sorry.

The burden of this experience has been on your shoulders for far too long.

The burden is properly ours as a government, and as a country.

There is no place in Canada for the attitudes that inspired the Indian residential schools system to ever again prevail.

You have been working on recovering from this experience for a long time and in a very real sense, we are now joining you on this journey.

The government of Canada sincerely apologizes and asks the forgiveness of the aboriginal peoples of this country for failing them so profoundly.

(Nous le regrettons.)

We are sorry.

In moving towards healing, reconciliation and resolution of the sad legacy of Indian residential schools, implementation of the indian residential schools settlement agreement began on September 19, 2007.

Years of work by survivors, communities, and aboriginal organizations culminated in an agreement that gives us a new beginning and an opportunity to move forward together in partnership.

A cornerstone of the settlement agreement is the Indian residential schools truth and reconciliation commission.

This commission presents a unique opportunity to educate all Canadians on the Indian residential schools system.

It will be a positive step in forging a new relationship between aboriginal peoples and other Canadians, a relationship based on the knowledge of our shared history, a respect for each other and a desire to move forward together with a renewed understanding that strong families, strong communities and vibrant cultures and traditions will contribute to a stronger Canada for all of us.

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A comment on the National Post site that carried the complete text of the Harper appology.

I had the good fortune today to be able to attend this event on Parliament Hill. Here are some of my thoughts on what is already being billed as the most important piece of Canadian history in 30 years.

Although I had scored tickets to the House of Commons gallery, I almost got laughed at when I got to security. All spaces were reserved for survivors of the residential schools. I acknowledged this to be a good thing. Then I was told, if lucky, I might get a seat in a lounge in the West block where big screens and refreshments would be served. After getting lost in the West Block for half an hour, I ventured outside on the hill at centre block where hundreds of seats were available in the glaring sun. I looked at my watch and it was 1:15. So I ended up sitting in the sun for a couple of hours waiting for this thing to get underway.

While I was sitting with a bunch of empty chairs around me, I observed that many other seats were taken by aboriginal families. It struck me that the "mood" was convivial. People were hugging each other and many, many smiles.

Suddenly an older aboriginal couple appeared in front of me, and though many seats were available near the front and anywhere else, somehow, they decided to sit in front of me in my lonely corner. They had a huge umbrella to shelter themselves from the sun. I have to say that I felt an immediate liking to this couple. There was something about them that seemed extremely friendly and not hostile at all.

The man turned around to me and said that if the umbrella was a bother, to let him know. I told him there would be no worries.

Eventually, a CBC reporter approached them and asked them a few questions. In his answers the man revealed that they had come to Ottawa to attend their daughter's graduation and, coming to the hill today was kind of almost accidental since they had not planned to come to Ottawa specifically for that.

Then the man revealed that both, he and his wife, had been in the residential system. He said, he had not expected it but that he was emotional today. He put his arm around his wife and said that she had been in the residential system way longer than him and she had been in one of the worst ones.

Not long after the CBC reporter left, a lady came to the couple and gave them specially-marked invitations to go into the House of Commons gallery. I was bummed out to see them go but thought it would be good for them to go and treasure the memory years later about how all this happened when they had not even planned it.

10 minutes later, they were back, because there was not one seat available in the gallery. Too late!

Soon after they sat back down, the Prime Minister began his address. And you could have hear a pin drop outside parliament hill. It was a deep, deep, moment, that you can not fabricate. It was a genuine moment, full of goodness and truth.

After the Prime Minister had finished and the applause had subsided, the aboriginal man continued to clap slowly and purposefully.

I noticed that many have been trying to downplay what was to happen today; I'm not going to counter the nay-sayers. They are outside of something that happened today that was so real and so beautiful. The responses from aboriginal leaders to the government were elegant, deeply-felt, genuine and tear-inducing. I am proud to be a Canadian today.

June 10, 2008

Maine's 1st CD goes to ... a woman with experience

We're wicked pleased that Adam Cote managed to do little more than pick up the cross-over and Press Herald endorsement vote. Not just because of his fairly mindless position on the war, but also because good work counts more than mere faith in the professional history of a person working in electoral politics as a candidate for elected office. At least in Maine.

We're also wicked pleased that Ethan Strimling manged to pick up, from the primary voter pool of the entire 1st CD, not a heck of a lot of votes. Over half the state, or more than 50 times the voters, with a six figure budget, he managed to pick up less than two point five multiples of what MB picked up doing doors and spending under $5,000 in the 116, one of Portland's eight house districts, four years ago this evening.

Michael Brennan and Peter Asen ran a good, on message, positive and pro-peace campaign. Mark Lawrence and Marc Malon also ran a good race, and I wish they'd done better.

MB is particularly pleased, and I'm happy too, that Chellie Pingree will be our next representative in the US Congress. Her loss was the impetus was MB's starting Wampum. It is fitting that her win falls as we close Wampum.

The Kucinich Articles of Impeachment

Apparently www.kucinich.us is down for reasons not known to DK's web and or outreach staffer(s). So here's the text: all 65 pages in pdf.

The crimes of the current regime bother me much less than the eager complicity of the next regime.

June 08, 2008

P

obama_at_aipac.jpegWhatever we can agree we are looking for in the next cycle, the logo on the podium is not an asset. That money will be going to all the other candidates, the more masculine engendered, the more politically nationalist, the more policy militarist, than our candidate(s). And, as Uri Avnery points out in No, I Can't!

IT WAS a triumphalist conference. Even this powerful organization had never seen anything like it. 7000 Jewish functionaries from all over the United States came together to accept the obeisance of the entire Washington elite, which came to kowtow at their feet. All the three presidential hopefuls made speeches, trying to outdo each other in flattery. 300 Senators and Members of Congress crowded the hallways. Everybody who wants to be elected or reelected to any office, indeed everybody who has any political ambitions at all, came to see and be seen.

The Washington of AIPAC is like the Constantinople of the Byzantine emperors in its heyday.

The grass is pretty well cropped down to the bare earth on that side of the wire, so our gals won't make much hay jumping that fence.

Incidentally, the speaker at the podium promised the Haram-al-Sharif compound (also called the Temple Mount), one of the three holiest places of Islam and the most outstanding symbol of Palestinian nationalism, to the Israelis.

So where else are there things we can agree we are looking for in the next cycle, things more real than simply "add woman and stir" recipies for political rehashes?

And who are the women available? Not just the candidates, but the staff.

The H Listers.

June 06, 2008

Not the end, but perhaps, a new beginning...

While Wampum is ending, Eric and I are discussing starting a new project, focused entirely on Indian politics and culture. It would have to be a group effort. Anyone else game? I don't think I'm completely ready to hang my hat up just yet. Patrick? Robert? Chris? Susie?

June 04, 2008

Safe Targets

ID1210939_03-24-chine-afp_132001_00GALW_0.JPG.jpg

Another kwel media stunt, like the nudists spackled with red paint doing a full-frontal mass nukkidity die-in for baby seals in Madrid a few months ago. This time its AI, faking a "Tienamin Squre" shoot with a borrowed bit of aged armor -- the primary weapon appears to be a 155mm tube and the armor no later than the mid-cold-war evolution of armor.

The photo-shoot was in London. The sign obviously couldn't read "Human Rights for Iraq".

Yucca Mountain Waste Dump

Secretary of (nuclear) Energy Samuel Bodman did a stand-up yesterday after a crew with a truck dropped off 15 sets of the department's construction license application for a nuclear waste dump code named "Yucca Mountain" in Nevada. Each set consisted of 17 binders and totaled 8,647 pages. A work of fiction for the amusement of staff at the NRC, the state of Nevada, and the Timbisha Shoshone Tribe.

There was cookies and punch at the DoE office in Washington City yesterday too. And at Exalon and elsewhere in the land of the Nuclear Nutmen.

According to the DoE plan, in 2308 they will install a "drip shield" to catch the leaks generated by corrosion of the waste drums. That's pretty funny.

Cobell Trial begins June 9th

From Acce's indianz.com

Judge holds one last hearing before big Cobell trial

The federal judge handling the Indian trust fund lawsuit said on Monday he plans to hold a two- to three-week trial to determine how much money is owed to hundreds of thousands of Indian beneficiaries.

The trial, which begins next Monday, will focus on amounts in the billions, Judge James Robertson said. In a ruling this past January, he suggested about $3 billion to $3.5 billion in trust funds has been withheld from Indian account holders.

Additional money could be awarded if the plaintiffs can show the federal government benefited from failing to distribute the funds, Robertson noted. "The plaintiffs are going to want to prove that if they number is $1 billion, they are owed $3 billion," the judge said during a two-hour status conference.

Robert Kirschman, a Department of Justice attorney, continued to argue that no money is owed to Indian beneficiaries. Claims that the government failed to collect, or distribute, certain trust funds aren't part of the case, he said.

"The 'should haves' aren't part of this trial," Kirschman told the judge. "We don't think they can prove it," he said of the plaintiffs' claims they are owed billions.

Since being assigned to the case in December 2006, Robertson has steadily moved it forward following years of acrimonious litigation and numerous appeals by the Clinton and Bush administrations. After 12 years, he is promising to come to a final dollar amount by the end of the summer.

In court filings, the plaintiffs argue they are owed $58 billion, a figure that includes "all advantages or benefits" obtained by the government since the inception of the Individual Indian Money (IIM) trust in 1887. A key aspect of the trial will focus on the exact amount of the alleged benefit.

In court yesterday, Dennis Gingold, an attorney for the plaintiffs, cited a slew of cases that he said supported their argument. Expert witnesses will testify about IIM trust funds going back to the late 1800s, he said.

"Each one of our witnesses is relying on the government data," Gingold said.

The government previously acknowledged at least $13 billion has passed through the IIM trust since the early 1900s. During a trial he held last October, Robertson saw government data that led him to believe about $3 billion to $3.5 billion wasn't distributed.

"We saw what the numbers were," he said. "I suspect the numbers are going to be different at this trial."

On Friday, the government in fact submitted a new administrative record that contained revisions to the data. But Kirschman said the analysis -- which is apparently based on studies not seen by anyone outside the government -- won't be made public until it is presented at trial.

Robertson was concerned that the Bush administration would withhold the information and initially ordered the government to turn over the documents to the plaintiffs. But he changed his mind after hearing Kirschman object to the request.

"Just bring your witnesses and we'll see how it goes," Robertson said at the conclusion of the hearing

The trial begins June 9 at the federal district courthouse in Washington, D.C. Testimony will be heard Mondays through Thursday, with every Friday off.

Just a reminder: Senators Clinton and McCain support the underlying claim that the United States does owe a duty of trust towards the Individual Indian Account claimants. Senator Obama doesn't have an opinion on the core legal theory involved -- the application of equal protection clause of the US Constitution to Indian citizens of the United States.

June 03, 2008

Primary votes do count

A week from today Maine's enrolled Dems will have to chose one of five candidates to send to Washington City to represent southern Maine in the Federal legislature. For reasons too tedious to go into, I sent three questions to each candidate's campaign manager, three questions on defense policy. I was looking to see what their views are on the role of the Congress -- a body that funds the policy choices of the Executive branch, or a body that makes policy choices and funds those choices.

I care far less about what any of the candidates think is the magic bullet for the Afghan and Iraq Wars than I care about the independent, politically formed, policy originating role of the Congress. In my mind, the issues central to the English Civil War, the struggle to restrain an arrogant and fiscally irresponsible Crown by the tax paying Commons, are present today -- not just in the transient Bush/Cheney regime and their equally transient blunders, but in the institutional power of the military-industrial complex, a power that has been domestically unchecked since Dwight Eisenhower's administration.

There were three questions: (1) on the BRAC, a general principals question to see which candidates have a theory of Congressional authority, and/or a theory of national interests and military spending, and which want others to decide; (2) on Iraq, a general principals question to see which candidates have a theory of the Occupation, and/or Exit, and which want others to decide; and (3) on the refugees and post-war reconstruction and the US economy, a general principals question to see which candidates were going to vote for costs after the last "combat dollar" is spent, and which want others to decide if any clean-up is affordable, or required by International Law and common decency.

These were their answers to the three questions:

  1. Michael Brennan
  2. Chellie Pingree

I'd hoped for a response from Mark Lawrence, as MB and I hold Michael, Chillie and he in very high esteem. Unfortunately none came.

So here's what's "wrong" with, or under-determined in, these two responses, as policy statements.

The policy core of Michael's response is a reduction of the amount of the budget given to the military-industrial complex. This is wicked good, as the broadest general policy formation of the advocates for the military-industrial complex has been to capture 4% or more of GDP, and Michael's response was towards a 2.7% of GDP figure. A a budget policy view, Michael's is the better response.

As a risk policy view, it could be greatly improved. Surface warships are built at the Bath yard. The reactor engineering for subsurface warships is performed at the Portsmouth yard. Those are "Maine jobs". Both were on the BRAC "cut" list. However, the 8th Air Force, 2nd Bomb Wing (B-52): Hunter AFB GA and Barksdale AFB LA, the 5th Bomb Wing (B-52): Minot AFB ND, the 509th Bomb Wing (B-2): Whiteman SFB MO, the 12th Air Force, 7th Bomb Wing (B-1B): Dyess AFB TX and 28th Bomb Wing (B-1B): Ellsworth AFB SD, the 20th Air Force, 90th Space Wing (500 Minuteman II and 50 Peacekeeper missiles siloed in Colorado, Montana, Nebrasca, North Dakota and Wyoming): Warren AFB WY, Minot AFB NF, Malstrom AFB MT, and the Naval Submarine Base Kings Bay Georgia were not on the BRAC "cut" list.

Peace Action Maine may not be able to distinguish between the degree of risk that 5,600 warheads on 1,600 launchers pose, not just to Maine, but to civilization, and the construction and refit of surface and subsurface combat vessels, but our representative to the Congress must, and must be able to make a case, not for "keeping Maine jobs" but for some greater theory of how much of our treasure is spent on weapons, and on which weapons.

Michael should move from a GDP position that is blind to risk inherent to specific weapons systems and all their doctrinal entanglements to one that gets to the GDP goal while cutting down the rottenest low hanging fruit first.

The policy core of Chellie's response is the construction of a unified view of defense spending and missions so that it is possible to compare the relative effectiveness of different programs and make spending decisions based on which are most effective. This too is wicked good, it restates the objectives of the BRAC process itself -- objective judgment, free from local political pressures, and of the whole, ot just some of the parts temporarily in the news.

Unfortunately, it too fails both the risk assessment test (above), and it fails to recognize the institutional biases in the construction of "effectiveness" -- the central failure of the BRAC process. In this Chellie's policy statement is further from the historic position of the Congress, and before it, the House of Commons, towards the reckless Executive, than is Michael's. Whether nuclear warheads or anti-personnel land mines are "effective" or not, it is a political choice, a choice by Maine people, whether or not to buy them, and whether or not to dispose of them, and because of having bought, and not yet disposed of these weapons systems and their doctrinal entaglements -- the terrible possibility of Maine people choosing to use them.

No analysis of public policy statements on defense should ignore the possibility that gender is present. Chellie is a woman, and the social expectations imposed on women is different from those imposed on men. It is reasonable that women with substantial views on defense, who enter into electoral politics, are less direct about being an agent of change than men with substantively identical policy views.

Both Chellie and Michael are capable of advocacy, of reasoning with representatives of other districts, away from the 4% figure, towards the 2.7% figure, and towards a more effective set of programs and procurement processes. Gender and style should not obscure their common policy, that it is Commons, not the Crown, that pays for, and therefore chooses, the wars and adventures that place the realm at risk, and that the Congress hasn't been doing its oversight job to its historical standards.

A week from today MB and I hope that Michael or Chellie is the choice of the Dems who vote the primaries. MB will be rooting for Chellie, I for Michael.

June 01, 2008

Transitions :: Lorenzo Odone

Lorenzos_oil.jpgLorenzo Odone died May 30th from aspiration pneumonia. He lived 30 years and one day, 12 times longer than was consistent with his diagnosis at age 6 for adrenoleukodystrophy, if left untreated.

Wampum began as an autism and policy blog by an indian parent, and our finest accomplishment was MB's derailment, with the help of an earlier blogosphere, of then-Majority Leader Frist's midnight rider the now infamous Eli Lilly get-out-of-jail-free provision on the end of the Homeland Security Bill in November, 2003.

We've written about Sam and Jonah and Bobby, but over time we've mostly written about policy and politics. That's coming finally to an end. MB's not going to be contributing to Wampum, joining Dwight in retirement from blogging to pursue other activities. I'm shifting my focus as well.

I've a few pieces left to post, then Wampum-as-is is done. There are words I've not yet blown into Jonah's mouth so that he can say them too, and to our remaining POA readers, well, you know.

DRBB: Don't Reward Bad Behavior

No, I'm not blogging. Just posting a comment I really liked for posterity. From Shakesville commenter Nell:

If we want to be as shrewd and smart about political power and reap the rewards, it will take some time and it will take holding fast.

But to vote for Obama after the abuse in this election would be a set back. As Dr. Phil would say "going along and coming around....how's that working for you?" This is a longer game with a bigger point than just McCain. Real change is not going to be comfortable and people will ask you to change back to compliant, but holding fast is necessary. Point blank, to vote for Obama at this point would be voting in agreement to the effectiveness of the strategy of sexism and hatred of women. We would only get more of it if they see it works with no punishment. Don't fall for the empty promises sure to follow.

African Americans are clear on unity. They did not wring their hands about whether their vote was racist for voting for a black man - yet I saw a lot of young feminists calling voters for Clinton sexist. How mind-screwed did they have to be?

I believe we can look back on the posts that will be cached f