Last week, I asked Goodyear Tire & Rubber Co. to comment on claims made in a lengthy letter that says the company knew for more than 20 years about failures on a tire linked to hundreds of crashes that have left at least 98 people either injured or killed. I obtained the letter, along with more than 200 pages of exhibits to the letter, from a court in Arizona following a judge’s earlier decision that led the court’s clerk to briefly unseal the records. Goodyear never responded to me. Instead, unbeknownst to us at Jalopnik, the company asked the Arizona judge to call me directly and intone that I should, in the words of Goodyear’s attorney, “do the right thing” and not publish those documents.
If everything keeps falling apart in Massachusetts, there won’t be a drug conviction left in the state. The eventual fallout from the 2012 conviction of drug lab technician Annie Dookhan was the reversal of nearly 21,000 drug convictions. Dookhan was an efficient drug lab worker — so efficient she often never performed the tests she was required to. The state moved much slower, dragging its feet notifying those possibly affected by Dookhan’s lab misconduct until a judge told it to stop screwing around. There still could be more reversed convictions on the way as the state continues to make its way through a 40,000-case backlog.
Just as the Supreme Court is considering the legality of extraterritorial demands for communications held by US internet service providers in overseas data storage, Congress is doing all it can to short-circuit the debate. Tucked away towards the back of a 2,200-page spending bill is something called the “Clarifying Lawful Overseas Use of Data Act” or (of course) “CLOUD Act.” (h/t Steve Vladeck)The CLOUD Act [PDF – starting at p. 2201] would make any decision by the Supreme Court extraneous. If it agrees with Microsoft — as lower courts have — that the US has no right to demand communications stored overseas with a normal warrant, the Act would immediately overturn the decision. If it decides against Microsoft, it will be aligned with the new law. As it stands now, the route most likely to be taken by the Supreme Court is a punt. Legislation on point is in play and the Court will probably be more than happy to let legislators make the final call.Beyond the obvious problem of giving US law enforcement permission to use regular warrants to bypass mutual assistance treaties, the law also allows for reciprocation. We can’t go around waving SCA (Stored Communications Act) warrants in foreign lands without expecting pushback from locals. So, we’ll have to give foreign countries the same privileges, even if the criminal charges being investigated wouldn’t be considered criminal acts in this country and the country enjoying this reciprocation doesn’t care much about its own citizens’ rights and privacy.The EFF is especially critical of the shoehorned-in CLOUD Act. As it points out, the law would result in backdoor searches of anyone’s communications via reciprocal communication demands. In the US, we’ve already seen the Fourth Amendment circumvented by US government agencies via their access to NSA collections. The same would happen in reverse when other countries start playing by the CLOUD Act’s new rules.
UNTIL HE WAS stripped of his top-secret security clearance in February, presidential adviser Jared Kushner was known around the White House as one of the most voracious readers of the President’s Daily Brief, a highly classified rundown of the latest intelligence intended only for the president and his closest advisers.Kushner, who had been tasked with bringing about a deal between Israel and Palestine, was particularly engaged by information about the Middle East, according to a former White House official and a former U.S. intelligence professional.
PUERTO RICO, IN the midst of the chaos and instability following Hurricane Maria, is moving quickly forward with plans to institute a wide swath of education reforms, with the help of the aggressively ideological federal education department, helmed by Education Secretary Betsy DeVos.Puerto Rico’s governor and education secretary have expressed openness to the concerns raised by parents, teachers and community members, and stress they are not looking to implement an extreme version of privatization. Yet at the same time, they have stoked fears by pushing forward a notably vague charter law that does little to address what people are most worried about. This “trust us” mentality has not been helped by the engagement of DeVos, nor by Gov. Ricardo Rosselló’s recent visit to a notorious charter chain in Philadelphia last week — a prime example of the kind of low-performing, fiscally reckless charter that school advocates warn about.At a time when the island is starved of investment and inching slowly through a storm recovery, many Puerto Ricans worry that the government is treating this more as an opportunity to disrupt education, rather than stabilize it — while also potentially opening the doors for supercharged corruption.
While some of 3M’s history will remain secret as a result of the settlement deal, documents already made public in the Minnesota case point to one critical tool the Minnesota-based company used to defend itself — a scientist named John Giesy, who helped 3M spin the science on PFCs chemicals in the company’s favor even as he presented himself as an independent scientist.Giesy and 3M did not respond to requests for comment.Giesy has worked as a professor at the University of Saskatchewan, Michigan State, and at least 11 other universities, and received grants from 3M for “selective funding of outside research.” That funding was a key part of 3M’s strategy around PFCs, which according to one internal document was guided by the dictum “command the science.” The studies the company produced through this effort, as slides 3M prepared about its research program make clear, were intended partly as “defensive barriers to litigation.”