Californians: Please Vote

I’m going to the polling place today to vote in California’s beyond-absurd election. If you live here, too, I urge you to vote.

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Quattrone’s Defense is Weakened

  • Washington Post: Witness Says He Informed Quattrone of Subpoenas . Central to the case is what Quattrone knew about government subpoenas when he forwarded an e-mail message from an associate encouraging employees under him to “clean up their files” on Dec. 5, 2000. CSFB policy called for employees to periodically destroy notes and other draft papers when deals had been completed, except if they had been notified that investigators and lawyers were seeking documents. Brodsky, then CSFB’s top lawyer in the Americas, said he told Quattrone on Dec. 3 that a grand jury had issued subpoenas.

  • This is very bad news for Quattrone’s case. The testimony from Brodsky, the head of legal affairs at Credit Suisse First Boston, will lend more credence to the prosecution’s case than we learned in the opening arguments.

    The defense’s opening argument had Quattrone receiving a warning e-mail on Dec. 5, 2000 — one of hundreds that day, the defense noted. Now it turns out he was warned two days earlier.

    Let’s see what the cross-examination turns up. But reasonable doubt may be getting more difficult.

    Comments


    Posted by: on October 4, 2003 10:37 AM

    Here’s an analogy, and an inquiry regarding normal investigative procedure. NPR (via Nina Totenberg) reported that the Dept of Justice, at the request of the White House, delayed the delivery (and thus effective date) of the ‘save all your documents’ letter to the WH by 24 hours. I’ve never heard of, actually, any similar situation in an investigation, has anyone else? Seems to violate Investigation 101, doesn’t it?

    If true, won’t the identity of the person who asked and the person who said yes be interesting? And potentially embarrassing? There doesn’t seem to be a defensible motive I can think of that would even make sense, is there?


    Posted by: on October 4, 2003 12:29 PM

    While we’re off the subject…you know the white hats getting perp walked now like Lamo and that security dude,Dan?

    Well what about these criminals getting fake ID’s?

    http://cryptome.org/gao-04-133t.htm

    Tests we have performed over the past 3 years demonstrate that counterfeit identification documents can be used to

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    VeriSign Backs Down, at Least Temporarily

  • Mercury News: VeriSign to suspend Site Finder service. VeriSign said Friday that it will suspend its controversial new Internet address search service after the regulatory body overseeing the Net’s domain name system threatened a courtroom showdown. The service had been blamed for disabling junk e-mail filters and raising sweeping privacy and security problems that could destabilize the Internet.

  • This is a gratifying move by VeriSign, which had been acting with utter irresponsibility in this situation. Whether the company will continue to bow to the clear will of the Internet community is another story.

    This issue won’t go away. Companies like VeriSign are misusing their choke points, because there’s big money to be made in doing so.

    Comments


    Posted by: Lisa Williams on October 4, 2003 09:20 AM

    Now they’re going after WHOIS — they’re sending out letters to their customers trying to agitate against having to put any information about the ownership of a domain in the public domain outside of Verisign. So, just as they’re getting their wrist slapped, they’re using the other hand to grab at some other part of the public infrastructure of the Net.


    Posted by: on October 4, 2003 09:35 AM

    VeriSlime will fight this as long as they can (did you READ their statement? I haven’t seen such nauseatingly repetitive use of “innovate” in its myriad forms since before the Bushies turned sanctions against Microsoft into a long wet tongue-kiss complete with keister-squeeze) but they will ultimately be forced to bow down. The spineless rats at ICANN really don’t want to do their jobs, but the roar from the crowd is going to force them to — and their contracts with VeriSlime give them the power to kick that bunch right out of DNS and registry operations altogether.

    Personally, I think they ought to do it now. Don’t waste time and money yammering about this. VeriSlime has demonstrated that they are utterly unfit to perform the tasks they have contracted to. Kick ’em out and by so doing, send a warning to others who want to monkey with the underbelly of the system.


    Posted by: on October 4, 2003 09:36 AM

    VeriSlime will fight this as long as they can (did you READ their statement? I haven’t seen such nauseatingly repetitive use of “innovate” in its myriad forms since before the Bushies turned sanctions against Microsoft into a long wet tongue-kiss complete with keister-squeeze) but they will ultimately be forced to bow down. The spineless rats at ICANN really don’t want to do their jobs, but the roar from the crowd is going to force them to — and their contracts with VeriSlime give them the power to kick that bunch right out of DNS and registry operations altogether.

    Personally, I think they ought to do it now. Don’t waste time and money yammering about this. VeriSlime has demonstrated that they are utterly unfit to perform the tasks they have contracted to. Kick ’em out and by so doing, send a warning to others who want to monkey with the underbelly of the system.


    Posted by: on October 4, 2003 09:39 AM

    Gah. The post so nice, I submitted it twice. Sorry ’bout that. Dan, can you have the duplicate (and then this message) scrubbed?


    Posted by: on October 4, 2003 12:46 PM

    Worth repeating Jim and maybe Jim Bell should have some input on this.PAM becomes operational this month.See…

    http://www.nex.com/

    http://opengov.media.mit.edu/

    http://www.ideosphere.com/

    http://www.tradesports.com/

    http://www.stiffs.com/

    Public Subscription Assassination
    “If we find negligence on the side of any person or institution…
    http://www.halfbakery.com/idea/Public_20Subscription_20Assassination
    … Public Subscription Assassination .Assassins sans Frontiers. Verisign – Veridead? Robocop

    “I’d buy that for a dollar!”

    “Who wants to join the LAST revolution? The one to take down ALL the governments.”

    James Dalton Bell.


    Posted by: Alice Marshall on October 4, 2003 08:24 PM

    Congrats Mr. Gillmor on your contribution to bringing an end to the noxious practice.


    Posted by: on October 5, 2003 12:17 AM

    Hi Dan

    Let’s see…You wrote, “Companies like VeriSign are misusing their choke points, because there’s big money to be made in doing so.”

    Thinking about “choke points” and remembering the word MONOPOLY (not Parker Bros.), whlie harking back to my Bell System days, when I was dealing daily with our Anti-Trust lawyers, I began to consider the Sherman Act and the Clayton Act.

    Are there still any Anti-Trust lawyers out there?


    Posted by: Stan Krute on October 5, 2003 04:21 PM

    I’d love to read a book that
    told the behind-the-scenes
    name-names follow-the-money
    story of Network Solutions
    and Verisign.

    Great example of oldtime
    govt./big-biz crony-capitalism
    trying to parasite its way into
    a controlling position in cybernia.

    Thanks Dan for your ongoing excellence
    and Don Quixotian tendencies.

    Stan

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    On the Road

    Heading to Boston for the BloggerCon gathering, where I’m on a panel on Sunday. Updates much later today.

    Comments

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    ICANN Locates Its Spine

    ICANN, the domain-name governance organization, has demanded that Verisign stop hijacking mis-typed domain names to its own search site. Verisign’s action has harmed fundamental Internet infrastructure, and so far the company’s response to the community’s widespread outrage has been a raised middle finger.

    ICANN said, among other things, that it has “insisted that VeriSign suspend the SiteFinder service, and restore the .com and .net top-level domains to the way they were operated prior to 15 September 2003. If VeriSign does not comply with this demand by 6:00 PM PDT on 4 October 2003, ICANN will be forced to take the steps necessary to enforce VeriSign’s contractual obligations.”

    What ICANN can actually do about this is unclear. But if Verisign gets away with this unilateral move, there’s going to be serious trouble ahead for the Net.

  • Here’s more from ICANNWatch.

    Comments

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    Quattrone Trial, Informally

    I’m back in California, following the Frank Quattrone trial from afar after peeking in Tuesday in New York to catch the opening arguments. Here’s today’s story from the Mercury News. (Lots more here.)

    Chris Nolan, covering the Frank Quattrone trial for the New York Post, is posting trenchant but revealing additional comments on her own blog, interspersed with observations about California politics. Are there other Quattrone-trial bloggers? Post a comment if you know of any.

    Comments

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    ‘Justice’ Department Investigating White House Leak?

  • Washington Post: Bush Administration Is Focus of Inquiry. At CIA Director George J. Tenet’s request, the Justice Department is looking into an allegation that administration officials leaked the name of an undercover CIA officer to a journalist, government sources said yesterday.

  • Anyone really believe that John Ashcroft’s ‘Justice’ Department will find anything, or wants to. I didn’t think so.

    I’d be happier if the Post had used some named sources to confirm the story that White House officials were behind what looks like a fairly evil attempt to smear the man who went to investigate Iraq weapons-dealing charges but came up with nothing, despite the Bush administration’s zeal that something be found. But this looks solid, as such things go.

    If Karl Rove did the leaking, as has been suggested, he should be put on trial. But if he’s the one, nothing of the sort will happen, because he’s too powerful in an administration that worships secrecy — including inside the ‘Justice’ Department, where Ashcroft even stiffs Congressional oversight — and is fond of telling the ever-spinless Congress to drop dead.

    Bush is lucky in so many ways. One of his most fortunate situations is not having an independent-counsel law like the one that the right wing used to persecute the Clinton White House. Given the sleaze in this one, there would be quite a few special prosecutors working already — and Rove might well be the target of a new one.

    Comments


    Posted by: Alice Marshall on September 28, 2003 04:51 PM

    David E. has a great post about this story and anonymous sources:

    http://fablog.ehrensteinland.com/


    Posted by: steve on September 28, 2003 04:53 PM

    What’s wrong with America is as simple as A B C”

    Ashcroft
    Bush
    Cheney


    Posted by: on September 28, 2003 06:13 PM

    Josh Marshall’s Talking Points Memo
    site–http://talkingpointsmemo.com/–
    raises any number of pertinent,
    not to mention impertinent, questions
    that will have to be answered before
    this is all over.

    For the record, although Mike Allen/
    Dana Priest’s WP piece advances the story
    by a magnitude, it’s worth noting that
    it was NBC that broke the news that the
    CIA had asked DoJ to investigate the
    White House in regard to Joseph Wilson’s
    wife’s blown cover, and the story has
    been widely reported today.

    Call me naive, but I don’t think recklessly
    exposing a CIA agent and her contacts is
    an event can be swept under the rug as
    easily as most of what the media give this
    White House a pass on. Anybody want to form
    a pool on when we’ll first hear that reportage
    on the inquiry imperils national security
    and gives aid and comfort to Saddam Hussein?


    Posted by: on September 28, 2003 07:08 PM

    reportage
    on the inquiry imperils national security
    and gives aid and comfort to Saddam Hussein
    =====================

    dang took the words right outa my mouf


    Posted by: paul on September 29, 2003 07:17 AM

    Well, gosh, I can’t imagine why the “Justice” Department’s name is in quotes. After all, they did such a professional and vigorous job of investigating various and sundry unsavory events under the preceding administration: Travelgate, the Weaver shootings at Ruby Ridge, Waco, Elian Gonzalez… no doubt there are others.

    Sniff if you like, but remember that to some extent, the Attorney General is a figurehead. It’s the career Justice Department bureaucrats who, IMO, are the real reason why this scandal probably won’t be investigated as fully as it should.


    Posted by: Ted Feuerbach on September 29, 2003 05:29 PM

    *WHY* has a felony, that jeopardizes national
    security and committed for political gain, that
    was alleged by a journalist who is highly
    respected in the conservative community, gone
    uninvestigated for two months? This *DOES* fall
    into the category of high crimes (forget the
    misdemeanors). This leak may have caused the
    deaths of field agents. It has almost certainly
    destroyed vital, hard won intelligence assets in
    the search for WMD’s. But we’ll never know
    because releasing that information could cause
    even more damage. It has also done irreparable
    harm to our ability to recruit new operatives,
    just when we need them the most.

    Don’t try to tell me that John Ashcroft doesn’t
    read Robert Novak’s column. Mr. Ashcroft has been
    screaming that prosecutors go for the maximum
    penalties in all of their criminal cases and he
    ignores this one?

    This Administration doesn’t care what it destroys
    in furthering its agenda. Not the economy, the
    environment, our relationships with other nations
    or even the safety of our citizens.

    Note to Degustibus: Reportage is a real word and
    is used in correct context in Fisher’s post.


    Posted by: UncleBob on September 29, 2003 06:02 PM

    Well, Bush has admitted that he skims headlines and lets Condi Rice do his world affairs reading for him. John Ashcroft probably only reads the Bible – mostly the Old Testament.

    Can someone answer me this question: Which is more serious, blowing the cover of a covert operative to get revenge on her husband, or sneaking into the back room for a knobjob from someone to whom you aren’t married?

    I agree with fisher – Josh Marshall has been doing a great job connecting dots. He also dug up an old Esquire piece showing the Karl Rova got in trouble before for selective leaking to Robert Novack.

    Coincidence?


    Posted by: Stan Krute on September 29, 2003 09:13 PM

    Rush Limbaugh hit this story hard today.
    This, and the Wes Clark candidacy, have his
    jammies all clenched.


    Posted by: on October 7, 2003 04:30 PM

    The above was the second time I’ve read that Bush said he rarely reads newspapers; he just skims the headlines then lets advisors fill him in. Having taught in school, when students don’t read, it is often due to a disability. Question: Is Bush dyslexic? His C average in high school may be the result of same. Coming from his family, unless there was a strong undercurrent that said you don’t have to work, his parents would have pushed him to get good grades. So, what happened? Some in the US will try to say a strong leader need not be burdened by details because he needs to make decisions based on his gut instinct. Equally as many will be appalled to read a quote that helps to explain why he is so out of touch with basic issues, why he ridiculed Gore’s good statistics
    as “fuzzy math,” almost as though Bush can’t keep up with others’ reading.

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    Web ‘Quiz’ Compares California Candidates’ Positions

    With the help of a public radio station in Boston, KQED, the excellent NPR station in the San Francisco Bay Area, has put up this useful Web page containing an online “quiz” that helps voters compare candidates’ positions in the upcoming California recall-the-governor election. WBUR originally did this for last year’s election for governor in Massachusetts, and offered the code to the California affiliate.

    The site engages voters in a particularly clever way. The identities of the candidates are not tied to their positions on the issues as you take the quiz. You match your views with candidates’ views, and only at the end do you find out which candidate is closest to your positions. As one of the developers told me in an e-mail today, it’s like a “blind candidate taste test.”

    The site has two serious flaws, however. First, it assumes that Gov. Gray Davis will be thrown out. That’s not necessarily true, and it’s definitely unfair.

    Second, it includes only five of the more than 130 candidates on the second part of the ballot. This is understandable, given the manual labor involved, but it’s another editorial judgement that will bother anyone who might want to move past the usual suspects.

    On balance, though, this is a clever way to use the Internet, and a helpful one for voters.

    Comments


    Posted by: on September 25, 2003 08:34 AM

    One problem with this approach is that candidates can (and often do) propose solutions that may sound appealing but won’t work. Think about how many candidates for office claim they will increase services without raising taxes by “cutting fat”, for example. It may not even be obvious whether they are deliberately throwing out a sop to the voters in the form of an unrealistic plan or whether they are simply too inexperienced to recognize the failings of their plans.


    Posted by: on September 25, 2003 12:08 PM

    A second problem with this approach is that many of the candidates have more-or-less equivalent positions on the issues. For example, there were no substantive differences between most of the abortion-rights or gay marriage statements; there were four in favor, one opposed. Matching opinions with a “black-and-white” multiple choice– rather than shades of gray– makes the survey virtually worthless in choosing a single candidate.

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    Apple’s Bad Update

    Wow, it looks as though Apple really blew it with the latest OS X update. Check out MacFixIt and Macintouch, for example, for blow-by-blow descriptions of the mess Apple has made with some of its customers’ computers, as well as suggestions on how to recover if you’ve been bitten by the bugs.

    As the Register’s Andrew Orlowski notes, this is not a totally new problem. Apple clearly doesn’t do sufficient beta-testing on every update.

    This is one reason why I never install this kind of thing immediately on release. If companies insist on turning their customers into beta testers, I’d rather wait until other people have found the show-stopperflaws.

    Comments


    Posted by: on September 24, 2003 10:53 PM

    There were to many things breaking especially for older machines according to sites with long threads of bugs. I think Apple now has the G3, G4, G5 (64bit) machines and some really old graphics cards to support mainly because most (with the exception of the PowerMacs) cannot be upgraded. This means new machines for the people with older ones. There is a point where supporting the old hardware will cripple the OS X system going forward. This will cause lots of problems with updates going forward I fear.


    Posted by: on September 25, 2003 02:41 AM

    Many other companies have unsuspecting beta testers at their disposal. It it par for the course these days. The general plan is to get the software out there and we’ll fix the bugs later. I remember Microsoft releasing a certain patch that mercilessly killed my Internet connection. Of course, Microsoft was quick to point out it only affected a small number of users. A small number of users from Microsoft’s viewpoint is significant in number. A reminder to wait a week or so after a patch or update is released is wise.


    Posted by: on September 25, 2003 05:16 AM

    it just installed w no problems for me.

    its faster, and I lost weight and am a happier person

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    Judge Axes Do-Not-Call Registry

  • AP: Court Rules Against Do-Not Call Registry. A federal judge has ruled that the Federal Trade Commission overstepped its authority in creating a national do-not-call list against telemarketers. The ruling came in a lawsuit brought by telemarketers who challenged the list, comprised of names of people who do not want to receive business solicitation calls. The immediate impact of Tuesday’s ruling was not clear.

  • If the impact is to kill the registry, freeing telemarketers to keep pestering people, there will be an outcry of some major size — and measures that could be even worse for the industry. In the end, the telemarkets will not win this war, and they should be clear on that point.

    Comments


    Posted by: anonymous coward on September 24, 2003 09:37 AM

    It would be interesting to interview the judge in this case. Here is his number.

    Chambers Page for

    The Honorable Lee R. West
    Senior United States District Judge
    Western District of Oklahoma

    U.S. Courthouse
    200 N.W. Fourth St. Oklahoma City, OK 73102
    Rm 3001, Courtroom 303, Third Floor
    Chambers Telephone: 405-609-5140
    Chambers Facsimile: 405-609-5151

    Chambers Staff:
    Wilma Administrative Assistant 405-609-5140

    Beverly Courtroom Deputy – Case Manager 405-609-5142

    Cindy Law Clerk
    Jacqueline Law Clerk

    Tim Court Reporter 405-609-5163


    Posted by: on September 24, 2003 10:02 AM

    Well, I’ve never been nice to telemarketers who call. Now it’s time for open war. Turn up your headsets, kiddies!


    Posted by: on September 24, 2003 10:07 AM

    Well this as well as the post about California’s new spam law will just force telemarketers to move to India, Canada, and other foreign locations where US law can’t touch them.


    Posted by: Jim Moran on September 24, 2003 10:08 AM

    Unsolicited Telephone Calls
    Unsolicited Emails
    Unsolicited Search Engines

    OPT-IN is the True Way!


    Posted by: on September 24, 2003 10:40 AM

    It won’t be hard to render this decision moot.

    Congress should act immediately to unambiguously
    grant the necessary authority to the FTC.

    Woe to any congresscritter that votes against it.


    Posted by: on September 24, 2003 10:40 AM

    I use the ‘Seinfeld defense’ and it works for me: in a friendly voice, I say, “sorry, I can’t talk right now, but please leave me your phone number and I’ll call you at dinnertime”. Normally they get it. If they don’t then, back to the usual routine

    Of course, this defense is completely useless if (very often in Spain, where I’m based) it’s an automated voice a recording. They never get it 🙂


    Posted by: R.P. Aditya on September 24, 2003 11:12 AM

    I’m not sure there is a clear victory in sight for either side — the battle will escalate, as it has for email spam, and then the telemarketers will eventually switch to using VoIP because the consumers have, and then there is no centralized strucutre for the FTC/FCC to mandate over.

    We all need to get comfortable with personal, customizable content filters for admission control, be it for email, voice (caller-id already serves as a crude method) or video communications. As the price of communications goes to zero, the amount of garbage directed at us is going to increase and legislation is not going to stem the tide globally…


    Posted by: Dik Shuttle on September 24, 2003 01:13 PM

    I’m pretty lonely, so I’ll try to talk SEXY to ’em.. yknow – it’s alot cheaper than phone sex!

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