Advantage CPs - Michigan7 2015

7/24/2019 Advantage CPs - Michigan7 2015

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Advantage CPs – BEFFJR Lab –

UM 2015



*Notes About Fie*

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Mo%%is 201< (Evelyn Krache [Research Fellow, International Security Program,Belfer Center for Science an International !"airs # $FK School of %ovt, &arvar'

)hin* !gain+ e-ican .rug Cartels .ec/www0foreign1olicy0com2articles2345/25324/2thin*6again6me-ican6rug6cartels*f7

89e :ee to &it )hem 9here It &urts+ the 9allet08 E-actly0 6es&ite te ongoing a%guents

about d%ug egai:ation an ;orer security, te ost ee#tive way to com;at thescourge of the .)<s woul ;e to interict not rugs or 1eo1le ;ut money0 !s in any ;usiness,

money is the fuel that *ee1s the cartels running0 Even if Sinaloa, to give only one e-am1le, were to

isa11ear tomorrow, other organi=ations woul >uic*ly rise to ta*e its slice of thelucrative 1ie0 <ne of the most ;asic tenets of ;usiness is that highly 1ro?ta;le mar*ets attract lots of new

entrants0 )his is true for legal an illegal enter1rises ali*e0 )he staggering 1ro?ts of illegal trae woul ;e much less

attractive if the .)<s coul not launer, e1osit, an ultimately s1en their money0 But shutting own thecartels@ ?nancial o1erations will ;e a formia;le tas*, given the hel1 they have hafrom multinational ?nancial institutions, which have 1ro?te from the cartels@ largeAollar e1osits0

In 3454, 9achovia ;an* (which was ac>uire ;y 9ells Fargo in 3447 amitte that it ha1rocesse /D ;illion of currency e-changes in e-ico AA an amount e>ual to a;out oneAthir

of the country@s %.P AA to which it ha faile to a11ly antiAlaunering restrictions0 In 3453,

British ;an* &SBC settle with the 0S0 government for 50 ;illion to esca1e 1rosecution for, among other things,

launering hunres of millions of ollars for the Sinaloa cartel0 0S0 law enforcement has

also im1licate Ban* of !merica an 9estern nion in .)< money launering0 !lthough illegal money transfers canha11en without ;an*s@ *nowlege, the volume an wies1rea occurrence of these transactions inicate Gust howeasy it is for the cartels to clean their irty money0 Paying a ?ne to avoi 1rosecution is almost no 1unishment at all0 )he ?nes 9achovia 1ai amounte to less than 3 1ercent of its 344 1ro?t0 Even the recor ?ne assesse on &SBCamounte to only 53 1ercent of the ;an*@s 1ro?ts0 Furthermore, ;an*s can sim1ly accrue funs to o"set any1ossi;le ?nes, either ;y increasing what they charge cartels or ;y setting asie some of the earnings from

launering, even as they continue to o ;usiness with the .)<s0 Prosecuting ;an* em1loyeesinvolve in money launering, u1 through the highest levels of an institution, woul;e a ;etter tac*0 Pictures of a chief com1liance oHcer as he entere a courtroom for sentencing woul have a

far greater eterrent e"ect than any ?nancial 1enalty0 )o that en, investigative techni>ues an legal1receents for going after glo;al criminal networ*s are increasingly ro;ust, an the1olitical 1ayo"s coul ;e su;stantial0 <ne of the more successful cam1aigns in thewar on terrorism has ;een the ?nancial one e-1erience gaine in trac*ing the funs

of al aea coul ma*e it easier to similarly unravel Jos etas@ ?nancing0 alfeasance inthe ?nancial inustry is nothing new, ;ut 1u;lic sensitivity to ;an*s@ wrongoing is argua;ly higher than it has ;eenin ecaes0 !n enter1rising 1rosecutor coul ma*e >uite a re1utation for herself ;y trac*ing .)< money throughthe ?nancial system0 )he cartels, along with the violence an corru1tion they 1er1etrate, are threats to ;oth e-ico

an the nite States0 )he 1ro;lem is a com1licate one an ta1s areas of 1rofoun 1olicy isagreement0 8e

$a( to a.e &%og%ess in #obating te 68=s is to igno%e issues i.e gun#ont%o and iega iig%ation and )oo$ te one( 0 Stanching the cartels@1ro?ts will o more to en the ;looshe than any new fence or law0



>>?t 9oves d%ug vioen#e8e CP #ont%os te "L to soving d%ug vioen#e

Mu%&( 201< (.ylan oney Jaunering an )he .rug )rae+ )he Role of the

Ban*s ay 5/ www0glo;alresearch0ca2moneyAlauneringAanAtheArugAtraeAtheA

roleAofAtheA;an*s2L//M34L *f7e-ico is in the gri1 of a murerous rug war that has *ille over 5L4,444 1eo1le since 344N0 It is one of the most

violent countries on earth0 )his rug war is a 1rouct of the transnational rug trae which is worth u1 to

M44 ;illion a year an accounts for a;out O of all international trae0 )he !merican government

maintains that there is no alternative ;ut to vigorously 1rosecute their =ero tolerance 1olicy of arresting rug usersan their ealers0 )his has le to the incarceration of over L44,444 !mericans0 eanwhile the oo of illegal rugs

into !merica continues una;ate0 <ne thing the !merican government has not one is to1rosecute the largest ;an*s in the worl for su11orting the rug cartels ;y washing;illions of ollars of their ;loo staine money0 !s :arco s1here Gournalist Bill Conroy has o;serve

ban.s a%e ,$e%e te one( is, in te goba d%ug $a%; &SBC, 9estern nion, Ban*

of !merica, $P organ ChaseQCo, Citigrou1, 9achovia amongst many others have allegely faile to com1ly with!merican antiAmoney launering (!J7 laws0 )he e-ican rug cartels have caught the healines again an again

ue to their murerous activities0 )he war ;etween the i"erent rug cartels an the war ;etween the cartels angovernment security forces has s1ille the ;loo of tens of thousans of innocent 1eo1le0 )he rug cartels woul?n it much harer to 1ro?t from their murerous activity if they int have too ;ig to fail ;an*s willing to washtheir irty money0 In arch 3454 9achovia cut a eal with the S government which involve the ;an* ;eing given?nes of 5N4 million uner a eferre 1rosecution agreement0 )his was ue to 9achovias heavy involvement in

money launering moving u1 to /D0M ;illion over several years0 :ot one ;an*er was 1rosecute forillegal involvement in the rugs trae0 eanwhile small time rug ealers an usersgo to 1rison0 If any mem;er of the 1u;lic is caught in 1ossession of a few grammes of co*e or heroin you can

;et your ;ottom ollar they will ;e going own to serve some har time0 &owever, if you are a ;an*ster caughtlaunering ;illions of ollars for some of the most murerous 1eo1le on the 1lanet you get o" with a sla1 on thewrist in the form of some 1uny ?ne an a eferre 1rosecution eal0 Charles !0 Intriago, 1resient of the iamiA;ase !ssociation of Certi?e Financial Crime S1ecialists has o;serve, TU If youre an iniviual, an get caught,

you get hammere0 TBut if youre a ;ig ;an*, an youre caught moving money for aterrorist or rug ealer, you ont have to worry0 Vou Gust for* over a monetary 1enalty, an then

raise your fees to ma*e u1 for it0 TUnti $e see ban.e%s $a.ing o in and#us to )a#e

#a%ges in tese #ases3 noting is going to #ange3, Intriago as0 T)hese monetary

1enalties are Gust a cost of oing ;usiness to them, li*e 1aying for a new cor1orate Get0 )his failure on the ;ehalf ofthe S government to really crac* own on the ?nances of the rug cartels e-tens to British ;an*s as well0 In $uly3453 the S Senate Committee on &omelan Security an %overnmental !"airs issue a // 1age re1ort etailingan ama=ing catalogue of criminal ;ehaviour ;y Jonon ;ase &SBC0 )his inclues washing over 5 for thee-ican Sinaloa Cartel an for the :orte el Walle Cartel in Colom;ia0 Besies this, &SBC aHliate ;an*s such as&BS re1eately ;ro*e !merican !J laws ;y their long staning an severe !J e?ciencies which allowe Saui;an*s such as !l RaGhi to ?nance terrorist grou1s that inclue !lAaea0 &BS the !merican aHliate of &SBCsu11lie !l RaGhi ;an* with nearly 5 ;illion in S ollars0 $ac* Blum an attorney an former Senate investigator hascommente, T)hey violate every goamn law in the ;oo*0 )hey too* every imagina;le form of illegal an illicit;usiness0 &SBC aHliate &BS was re1eately instructe to im1rove its antiAmoney launering 1rogram0 In 344/the Feeral Reserve Ban* of :ew Vor* too* enforcement action that calle u1on &BS to im1rove its antiAmoneylaunering 1rogram0 In Se1tem;er 3454 the <Hce of Com1troller of the Currency (<CC7 sent a,;listering

su1ervisory letter to &BS listing numerous !J 1ro;lems at the ;an*0 In <cto;er 3454 this was followe u1 withthe <CC issuing a cease an esist orer re>uiring &BS to im1rove its !J 1rogram a secon time0 Senator CarlJevin chairman of the Senate investigation into &SBC has commente that ,&SBCs Chief Com1liance <Hcer another senior e-ecutives in Jonon *new what was going on, ;ut allowe the ece1tive conuct to continue0 Jet usloo* at Gust a cou1le of the evastating ?nings in the Senate re1ort0 )he main focus of the re1ort is the multi1lefailures of &SBC to com1ly with !J laws an regulations+ )he ienti?e 1ro;lems inclue a once massive;ac*log of over 5D,444 alertsientifying 1ossi;le sus1icious activity that ha yet to ;e reviewe ine"ectivemethos forientifying sus1icious activity a failure to ?le timely Sus1icious !ctivity Re1orts with 0S0 lawenforcement U a /Ayear failure ;y &BS [a &SBC aHliate' , from miA344N to miA344, to conuct any !Jmonitoring of 5L ;illion in ;ul* cash transactions U a failure to monitor N4 trillion in annual wire transfer activity;ycustomers Uinae>uate anun>uali?e !J staHng inae>uate !J resources an !J leaershi1 1ro;lems0



Sincemany of these criticisms targete severe, wies1rea,an long staning !J e?ciencies,U00 )he re1ortcatalogues in great etail the failings of &SBC aHliates &BS in !merica an &EX in e-ico+ from 344D through344, &BX was the single largest e-1orter of0S0 ollars to &BS, shi11ing D ;illion in cash to &BS over twoyears, outstri11ing larger e-ican ;an*s an other &SBC aHliates0 e-ican an 0S0 authorities e-1ressere1eate concern that &BXs ;ul* cash shi1ments coul reach that volume only if they inclue illegal rug1rocees0 )he concern was that rug traHc*ers una;le to e1osit large amounts of cash in 0S0 ;an*s ue to !Jcontrols were trans1orting 0S0 ollars to e-ico, arranging for ;ul* e1osits there, an then using e-ican?nancial institutions to insert the cash ;ac* into the 0S0 ?nancial system0 U high 1ro?le clients involve in rugtraHc*ing millions of ollars in sus1icious ;ul* travelers che>ue transactions inae>uate staHng an resourcesan a huge ;ac*log of accounts mar*e for closure ue to sus1icious activity, ;ut whose closures were elaye0 Inthe Senate hearing on 5D $uly 3453 Carl Jevin Chairman of the Committee on &omelan Security an %overnmental!"airs e-1laine how &EX hel1e the e-ican rug cartels+ Because our tough !J laws in the nite Stateshave mae it har for rug cartels to ?n a 0S0 ;an* willing to acce1t huge une-1laine e1osits of cash, they nowsmuggle 0S0 ollars across the ;orer into e-ico an loo* for a e-ican ;an* or casa e cam;io willing to ta*ethe cash0 Some of those casas e cam;ios ha accounts at &BX0 &BX, in turn, too* all the 1hysical ollars it gotan trans1orte them ;y armore car or aircraft ;ac* across the ;orer to &BS for e1osit into its 0S0 ;an*notesaccount, com1leting the launering cycle0 Senator Jevin went on to note how+ <ver two years, from 344D to 344,&BX shi11e D ;illion in 1hysical 0S0 ollars to &BS0 )hat was more than any other e-ican ;an*, even onetwice &BXs si=e0 9hen law enforcement an ;an* regulators in e-ico an the nite States got win of the;an*notes transactions, they warne &BX an &BS that such large ollar volumes were re ags for rug1rocees moving through the &SBC networ*0 In .ecem;er 3453 the .e1artment of $ustice cut a eal with &SBCwhich im1ose a recor 50 ;illion ollar ?ne0 It may soun a lot to orinary fol*s ;ut it is a tiny fraction of itsannual 1ro?ts which in 3455 totalle 33 ;illion0 !ssistant !ttorney %eneral Janny Bauer announce the settlement

at a 1ress conference on 55 .ecem;er 34530 &is comments reveal why the S government ecie to go soft onsuch criminal ;ehaviour an show >uite clearly how there is one law for the richest 5O an one law for the rest of

us0 Jenny Bauer sai+ &a the 0S0 authorities ecie to 1ress criminal charges, &SBCwoul almost certainly have lost its ;an*ing license in the 0S0, the future of the institution

woul have ;een uner threat an the entire ;an*ing system woul have ;een esta;ili=e0



**6e&o%tation Poi#( CP8e United 9tates )ede%a gove%nent soud in#%ease )unding

)o% te Cent%a Ae%i#an Regiona 9e#u%it( "nitiative and

&%ovide advan#ed $a%ning $en de&o%ting #%iinas;

U9 &oi#(3 not d%ugs3 is at %oot o) Me?i#an instabiit(

Boobe%g @ie$ 201 (E-1orting mayhem across the ;orer ay 5L

www0;usinesswee*0com2articles2345MA4LA5L2uAotAsAotAe1ortationsAfuelAviolenceAinAcentralAamerica *f7

)o secure 0S0 ;orers an win Re1u;lican su11ort for immigration reform, Presient <;ama ste11e u1e1ortations of unauthori=e immigrants, es1ecially those with criminal recors0 9hether the;orer is now more Tsecure is e;ata;le0 Fo% te nations o) Cent%a Ae%i#a3

tese &oi#ies ave been a disaste%; !n inu- of is1lace e1ortees has fe crimean violence that were alreay out of controlYs1urring more El Salvaorans, %uatemalans, an &onurans to

see* safety in the 0S0, which has le to more asylum re>uests an e1ortations0 )he 0S0 government hasa strong interest in sto11ing this 1er1etual mayhem machine0 Central !mericasinsta;ility an wea*ness have hel1e ma*e it a transshi1ment 1oint for 4 1ercentof the cocaine entering the 0S0 From 3444 to 3454, the num;er of Central !merican migrants to

the 0S0 rose ;y more than L4 1ercent after e-ico, the three countries that 1rouce the most unauthori=e

immigrants to the 0S0 are El Salvaor, %uatemala, an &onuras0 9hat i the 0S0 e-1ect woulha11en when it um1e more criminals into countries alreay notorious for theirhigh homicie rates, thriving maeAinAtheAS! gang networ*s, an wea* GuiciariesZ 9ith the

overwhelming maGority of murersYas many as L 1ercent of themYgoing un1unishe in the three countries, itsno woner the num;er of Central !mericans ?ling 0S0 asylum claims ;ase on Tfear of return more than ou;lefrom 3453 to 345/0 S)<RV+ )he &ostage Situation )hat Kee1s )ur*ey From %oing !fter Islamic State )rue, allowing

these criminals to stay in 0S0 cities an 1risons is angerous an e-1ensive0 But if Congress an the

<;ama aministration are going to continue e1orting them, they coul o somethings to ma*e the 0S0 an Central !merica safer0 Instea of cutting funing for theCentral !merican Regional Security Initiative ;y 34 1ercent this year, to 5/4 million, theyshoul ;e raising it an s1eeing u1 its elivery0 :ever min the immorality of the 0S0

outsourcing the rug war to those least ca1a;le of 1rosecuting it an 0S0 cul1a;ility in incu;ating Central!mericas gangs+ .ay to ay, the regions lawlessness an violence a"ect more !mericans than oes, say, the war

in !fghanistan0 )he 0S0 also nees to shift more of its funing from hel1ing with ruginteriction an ;ee?ng u1 Central !merican militaries an 1olice to ;uiling u1

Guicial an community institutions0 )o hel1 Central !merican authorities co1e with more e1ortees,

the 0S0 ought to 1rovie more avance warning an ;etter information on theircriminal recors0



>>?t 9oves instabiit(=n( te CP add%esses te %oot #ause o) instabiit(

Ca%d( 201 (!lfonso .e1ortation of criminals ;lame for e-ous from Central

!merica !ug / www0miamiheral0com2345M2424/2M3D45N2e1orationAofA

criminalsA;lame0html *f7 )he un1receente surge in unaccom1anie chilren at the 0S0Ae-ico ;orer was1recee ;y a shar1 increase in the num;er of e1ortations to Central !merica ofconvicts, many of them gang mem;ers0 Between ?scal years 3454 an 3453, almost 544,444convicts were re1atriate to %uatemala, El Salvaor an &onuras Y e-ceeing the total

of criminal e1ortations in the 1revious si- years0 ImmigrantArights activists say the s1i*e in criminale1ortations li*ely 1laye a *ey role in s1reaing gang violence in the three Central!merican countries Y the situation many chilren cite as a reason for coming to the nite States0 TI woul

say that these de&o%tations a%e te ost i&o%tant )a#to% ;ehin the s1rea ofcriminal violence in our countries, which is the chief reason ;ehin the chilren coming here, sai

Francisco Portillo, 1resient of iamiA;ase Francisco ora=n &onuran <rgani=ation, which assists families who

have chilren at the ;orer0

U9 de&o%tation &oi#( is te eading #ause o) #%ie in Cent%a

Ae%i#a

Be%estein Roas 201 (Jeslie )ransnational gangs+ )he Central !merican

migrant crisis@ J! connection $ul 5Nwww0sc1r0org2;logs2multiamerican2345M24D25N25D452transnationalAgangsAhowAtheAcentralAamericanAmigra2 *f7

!s chilren, teens an families continue to arrive at the 0S0Ae-ico ;orer from El Salvaor, &onuras an%uatemala, many of these migrants an their avocates have cite gang an rug relate violence as one of the

main factors riving them north0 But much of that gang violence isn@t roote in Central!merica0 It@s roote in the nite States, 1articularly in Jos !ngeles0 It@s 1art of a long an

com1licate history ;etween the 0S0 an Central !merica, in which the e1ortation 1olicies ofrecent ecaes ?gure 1rominently0 8%ang violence has increase steaily over the last

ecae or two, an one factor that has contri;ute to it is that the 0S0 has e1orte a lotof convicte criminals ;ac* to Central !merica,8 sai arc Rosen;lum, e1uty irector of the 0S0

immigration 1rogram for the igration Policy Institute in 9ashington0 8!ll three of the countries in the northerntriangle are 1retty wea* states, an so thats given criminal organi=ations an o11ortunity to sort of esta;lishthemselves an ourish08 )he transnational gang 1henomenon ates ;ac* ecaes, to the initial mass migrationrefugees eeing civil war in El Salvaor an %uatemala0 Central !mericans ;egan arriving in the 0S0 in largenum;ers in the 54s, when ;oth countries were su"ering through the height of conict0 any settle in Jos!ngeles, es1ecially a large 1o1ulation of Salvaorans, who move into wor*ingAclass ur;an neigh;orhoos li*e PicoAnion an Koreatown0 )here was alreay heavy gang 1resence in Jos !ngeles, 1reominantly e-icanA!merican

an !fricanA!merican gangs0 Some Central !merican youths ;egan rawing together for 1rotection, the *ernel ofwhat eventually ;ecame ara Salvatrucha, an J0!0 gang that has ;y now ;ecome now a 1owerful internationalcriminal organi=ation0 <thers Goine the rival 5th Street gang, an o"shoot of an esta;lishe gang that acce1teCentral !merican youths0 !t the same time, 0S0 immigration laws were growing tougher in relation to immigrantswho committe crimes, es1ecially those with gang ties0 From the late 54s on, a series of laws mae it easier toe1ort immigrants with criminal recors0 But one 1articular 5N law shar1ly ste11e u1 criminal e1ortations to

Central !merica0 )he Illegal Immigration Reform an Immigrant Res1onsi;ility !ct, or

IR!IR!, ;roaly e-1ane the list of crimes for which 1eo1le coul ;e e1orte, even if

these o"enses were committe in the 1ast0 It also too* away 1rotection for legal resients, meaning even 1eo1lewho were in the 0S0 legally an ha s1ent most of their lives here coul ;e remove if they committe a



e1orta;le o"ense0 It ;ecame, as former ara Salvatrucha gang mem;er !le- Sanche= recalls, li*e 8a witch hunt08

89hat this create was a witch hunt of 1eo1le that ha ;een convicte of a crime 54 years

1rior, 34 years 1rior,8 sai Sanche=, who now irects &omies nios, an organi=ation that focuses on gang

1revention an hel1ing e-Agang mem;ers aGust to society0 8 )hat create masses of iniviuals thatwere etaine, 1ersecute an 1ic*e u1 at their homes an then 1rocesse fore1ortation08 Between the early 54s an the late 54s, IR!IR! essentially ou;le the num;er of criminal

e1ortees ;eing own ;ac* to Central !merica, Rosen;lum sai0 !n when these young men arrive,

there was no infrastructure to hel1 them aGust0 any i not s1ea* S1anish well, ifat all some no longer ha immeiate relatives still living in the country0 Sanche=, who came to the 0S0 with his

1arents uring the war when he was D, was e1orte when he was 33 in 5M, a cou1le of years ;efore IR!IR! too*e"ect0 8I was one of those iniviuals that 000 ene u1 in El Salvaor in an air1ort with only a 1iece of 1a1er an anaress scri;;le,8 Sanche= recalle0 8I in@t *now which way to go0 Juc*ily for me, I ha a home that ;elonge tomy granfather, where I went to0 any other iniviuals in@t have the same luc*0 any ene u1 homeless08Some trie to see* shelter at churches, he sai0 <thers trie to see* out relatives ;ut were reGecte for their gangtattoos or for 8the stigma that was create in El Salvaor an in Central !merica in general aroun tattooeiniviuals, who were consiere the worst of the worst,8 Sanche= sai0 But there was one rece1tive auience+

.isenfranchise local *is0 Sanche= says te%e $e%e a )e$ o#a gangs in E 9avado%be)o%e de&o%tees )%o te U;9; began a%%iving3 but tat te ass

de&o%tations #%eated a onste%;



**Legai:e Ma%iuana8e?t4 8e United 9tates )ede%a gove%nent soud egai:e a

uses o) a%iuana;

U9 egai:ation is te -%st ste& in %edu#ing #a%te vioen#e – .e(

to %e#onst%u#ting te a%.et st%u#tu%eReisen$it: 1 [Cathy, A550 Reisenwit= is EitorAinAChief of a news an 1olitics

cite an her writing has a11eare in For;es an the Chicago )ri;une0 US Marijuana

Legalization Already Weakening Mexican Cartels, Violence Expected to Decline htt1+22townhall0com2columnists2cathyreisenwit=2345M242552usAmariGuanaAlegali=ationAalreayAwea*eningAme-icanAcartelsAviolenceAe-1ecteAtoAeclineAn5DN421age2full D253'22*mc

!mericas ?rst foray into rolling ;ac* 1rohi;ition 304 is ;arely unerway, an alreaymariGuana 1rices have ro11e low enough to convince some cartel farmers ine-ico to a;anon the cro10 ere months after two S states legali=e mariGuana sales, ?ve :o;el Pri=eA

winning economists release a : re1ort recommening that countries en their war on rugs0 It woul seem theywere onto something0 But in orer to further ecrease rugAtrae violence in soAcalle1roucer states, the S ?rst nees to legali=e mariGuana , ;ut then also the S must sto1 using

the : to 1ressure 1roucer countries into su11lyA;ase rug 1rohi;ition0 Jatin !merica is the largest glo;ale-1orter of canna;is an cocaine0 In 3455 the .<$s nowAshuttere :ational .rug Intelligence Center foun that the

to1 cartels controlle the maGority of rug trae in mariGuana , heroin, an metham1hetamine

in over 5,444 S cities0 Resea%# into ba#. a%.ets so$s tat &%odu#e%#ount%ies e?&e%ien#e o%e vioen#e tan #onsue% #ount%ies0 In essence,the glo;al war on rugs is a : scheme to shrug rug war costs o" rich countriesshoulers an onto 1oor Jatin !merican countries, with horrifyingly violent results0

uch of the recent chil migrant crisis is a irect result of chilren eeing cartel violence an conscri1tion into

criminal gangs0 en d%ug &%i#es a%e ig3 #a%tes $i ste& u& and &%odu#e; B(

.ee&ing deand )o% #annabis an cocaine ig3 but su&&( o$3 te U9 inessen#e )o%#ed te Latin Ae%i#a e#ono( to %evove a%ound d%ugs0 ner

1rohi;ition, te%e is no o%e &%o-tabe e?&o%t; And of course vioen#e &%oi)e%ates

in iega indust%ies; 9o in #ount%ies $e%e te doinant e?&o%t is iega3vioen#e $i be endei#; )hats e-actly what the ?ve economists foun0 Every single one of the 34

cities with the highest murer rates in the worl are in Jatin !merica0 &alf of the to1 54 glo;al *ina11ing hots1otsare Jatin !merican countries0 )ime maga=ine re1orts that the violence in the murer ca1ital of the worl, San Pero

Sula, &onuras, is ue to the inu- of e-ican rug cartels that funnel 0S0A;oun rugs through the country0 8e

#a%tes a%e aso %es&onsibe )o% an in#%ease in +at%o#ious #%ies, i.e

de#a&itation3 usua( used against %iva gangs; Ening the .rug 9ars escri;es rug

1rohi;ition as Ta transfer of the costs of the rug 1ro;lem from consumer to 1roucer an transit countries0 Itreferences a re1ort calle .rugs an .emocracy+ )owar a Paraigm Shift ;y the Jatin !merican Commission on.rugs an .emocracy, heae ;y former Jatin !merican 1resients Fernano &enri>ue Caroso, Cesar %aviria an

Ernesto eillo foun that Jatin !mericas willingness to cave to ?rstAworl 1ressure hasha horri?c results, incluing+ ! rise in organi=e crime cause ;oth ;y theinternational narcotics trae an ;y the growing control e-ercise ;y criminal grou1s over omestic

mar*ets an territories ! growth in unacce1ta;le levels of rugArelate violence a"ecting the

whole of society an, in 1articular, the 1oor an the young )he criminali=ation of 1olitics an the 1olitici=ation ofcrime, as well as the 1roliferation of the lin*ages ;etween them, as reecte in the in?ltration of emocraticinstitutions ;y organi=e crime )he corru1tion of 1u;lic servants, the Guicial system, governments, the 1oliticalsystem an, es1ecially the 1olice forces in charge of enforcing law an orers )he 344A1ercent growth rate of theillegal rug mar*et ;etween 5M an 344 e-1lains roughly 3L 1ercent of the current homicie rate in Colom;ia,

http://townhall.com/columnists/cathyreisenwitz/2014/08/11/us-marijuana-legalization-already-weakening-mexican-cartels-violence-expected-to-decline-n1876088/page/full








accoring to recent research0 )hat means Colom;ia sees a;out /,44 more homicies 1er year on average

associate with the war on rugs0 But $en d%ug &%i#es d%o&3 te #a%tes $i ove

onto ote% s#ees0 WICE :ews as*e retire feeral agent )erry :elson whether legali=ation was hurting

the cartels0 T)he cartels are criminal organi=ations that were ma*ing as much as /LAM4 1ercent of their income frommariGuana, :elson sai, T)hey arent a;le to move as much canna;is insie the S now0 !merica, the niteKingom an other wealthy states are e1icenters of eman0 :ot only o eman states 1rohi;it rug 1rouctionan sales within their ;orers, ;ut have traitionally use the : to ;ully 1roucer countries to o the same

through moves such as the nite :ations Convention !gainst Illicit )raHc in :arcotic .rugs an Psychotro1icSu;stances of 5 or the S annual certi?cation 1rocess0 !n for whatZ )he re1ort 1oints out that worlwie rug1rohi;ition has succeee in raising 1rices on illicit rugs0 )his may have im1acte rates of use in consumernations0 Even if higher 1rices su11ress eman, for which theres little evience, there is sim1ly no way to loo* atthe worlwie cost of 1rohi;ition as ;eing worth that 1ossi;le outcome0 T)here is now a new willingness amongcertain states, 1articularly in Jatin !merica, to ;e vocal a;out the inherent 1ro;lems within the system an to try to

e-tricate themselves from the glo;al rug war >uagmires, accoring to Ening the .rug 9ars0 Ending te

6%ug a%s a#.no$edges te +i#%oe#onoi# #ont%adi#tions ine%ent in

te su&&(>#ent%i# ode o) #ont%o0 It calls out the : for trying to Tenforce a uniform set of

1rohi;itionist oriente 1olicies often at the e-1ense of other, argua;ly more e"ective 1olicies that incor1orate ;roaframewor*s of 1u;lic health an illicit mar*et management0 &owever, the ultimately unresolva;le 1ro;lem with1rohi;ition is that+ In a worl where eman remains relatively constant, su11ressing su11ly can have shortArun1rice e"ects0 &owever, in a footloose inustry li*e illicit rugs, these 1rice increases incentivise a new rise in su11ly,via shifting commoity su11ly chains0 )his then fees ;ac* into lower 1rices an an eventual return to a mar*et

e>uili;rium similar to that which e-iste 1rior to the su11lyAreuction intervention0 Fi?ing tis &%obeigt be te ost e?#iting &a%t about ending Ae%i#aDs $a% on #annabis;

P%i#es $i #ontinue to d%o& as Ae%i#an g%o$t ou%ises; et %ead( )o%#ea&3 ig>Guait( $eed; And as &%i#es d%o& and te su&&( side oves

into te $ite a%.et3 #a%tes $i get out o) te gae; And ust as ending

a#oo &%oibition g%eat( diinised te si:e3 inuen#e3 and b%utait( o)

o%gani:ed #%ie3 so $i egai:ing $eed diinis te si:e3 inuen#e3 andb%utait( o) Me?i#an #a%tes; !s the e1icenters of su11ly, Jatin !merican countries resem;le

!mericas inner cities, wrac*e with violent crime an corru1tion0 .eman countries, however, resem;le !mericassu;ur;s, where the si=e an sco1e of the violence 1ales in com1arison0 Consiering the 1ower wiele ;y richcountries com1are with 1oor ones, it shoulnt ;e sur1rising that they ;e successful in using international1ressure to turn 1oor countries into lawless *illing ?els0 9hats galling is that they woul choose to use their 1ower

this way, an get away with it for ecaes0 Prohi;ition oesnt wor*0 But the way it oesnt wor*varies greatly e1ening on whether a state is 1rimarily a 1roucer or a consumerof illicit su;stances0 Sto11ing international 1ressure on 1roucer countries is the?rst ste1 to a fairer, more e"ective international a11roach to rugs0



>>?t soves #a%te vioen#eLegai:ing a%iuana soves %oot #auses o) #a%te vioen#e – $i

de#%ease #a%te vioen#e and #%eate #o&%eensive ste&s to

#obat #a%tes

%io 12 [Ioan, 55A50 %rillo is a Gournalist an author of TEl :arco+ Insie e-icosCriminal Insurgency0 !it Mexico"s Cartels Wit# Legalization htt1+22www0nytimes0com234532552432o1inion2hitAme-icosAcartelsAwithAlegali=ation0html D253'22*mc

Instea, we have to face u1 to the har reasons why thousans of young men (ansome women7 with full mental faculties have ;ecome serial *illers 0 )hese reasons shoul

;e ta*en into account ;y resients of Colorao, 9ashington state an <regon when they vote on referenums to

legali=e mariGuana ne-t )uesay0 )he 1ainful truth is that the monster of e-ican cartels has;een 1um1e u1 ;y ecaes of !mericans ;uying illegal rugs uner the 1olicies of1rohi;ition0 :o one *nows e-actly how much money e-ican traHc*ers ma*e, ;utreasona;le estimates ?n they 1oc*et /4 ;illion every year selling cocaine, mariGuana,

heroin an crystal meth to !merican users0 Since 54, the cumulative Gac*1ot coul ;e close to 5 trillion0

Unde% te a$ o) te unge3 tis one( goes to te ost vioent and

sadisti# &a(e%s3 so te #a%tes ave s&ent tei% doa%s on buidingin#%easing( )e%o#ious deat sGuads; )here have ;een a tragic N4,444 *illings uner Presient

Feli1e Caler\n that are escri;e as rugArelate0 But even this escri1tion can ;e misleaing0 ost cartelassassins o not carry out these ;rutal acts ;ecause they are high on rugs0 )heirmotive is to ca1ture the 1ro?ts that are so high ;ecause in the ;lac* mar*et youcan ;uy rugs for a nic*el an sell them for a ollar0 &ow many others woul love to;e in a ;usiness with a mar*u1 of more than 3,444 1ercentZ ariGuana is Gust one of the

rugs that the cartels traHc0 Chemicals such as crystal meth may ;e too venomous to ever ;e legali=e0 Butcanna;is is a cash cro1 that 1rovies huge 1ro?ts to criminal armies, 1aying for assassins an guns south of the Rio

%rane0 )he scale of the e-ican mariGuana ;usiness was illustrate ;y a mammoth534Ahectare 1lantation ;uste last year in BaGa California0 It ha a so1histicateirrigation system, slee1ing >uarters for N4 wor*ers an coul 1rouce 534 metrictons of canna;is 1er harvest0 !gain, no;oy *nows e-actly how much the wholee-icoA0S0 mariGuana trae is worth, with estimates ranging from 3 ;illion to 34;illion annually0 But even i) (ou beieve te o$est nube%s3 ega a%iuana

$oud ta.e biions o) doa%s a (ea% a$a( )%o o%gani:ed #%ie; 8is $oud

ini#t o%e -nan#ia daage tan sodie%s o% d%ug agents ave anagedin (ea%s and substantia( $ea.en #a%tes; It is also argue that e-ican gangsters have

e-1ane to a 1ortfolio of crimes that inclues *ina11ing, e-tortion, human smuggling an theft from oil 1i1elines0

)his is a terrifying truth0 But this oes not ta*e away from the fact that the mariGuana trae 1roviesthe crime grou1s with maGor resources0 )hat they are committing crimes such as*ina11ing, which have a horri?c e"ect on innocent 1eo1le, ma*es cutting o" their?nancing all the more urgent0 )he cartels will not isa11ear overnight0 0S0 agents an the e-ican

1olice nee to continue ;attling hit s>uas that wiel roc*etA1ro1elle grenaes an ;eltAriven machine guns0Killers who hac* o" heas still have to ;e loc*e away0 e-ico nees to clean u1 corru1tion among the 1olice an;uil a vali Gustice system0 !n young men in the ;arrios have to ;e given a ;etter o1tion than signing u1 as

*illers0 !ll these tas*s will ;e easier if the ow of money to the cartels is ramaticallyslowe own0 .o we really want to han them another trillion ollars over the ne-t three ecaesZ

http://www.nytimes.com/2012/11/02/opinion/hit-mexicos-cartels-with-legalization.html






Legai:ation b%ings a aund%( ist o) bene-ts )o% bot te U9

and Me?i#o – e#onoi# and so#ia gains

eian 1 [ar*, S1ring0 Kleiman is a 1rofessor of 1u;lic 1olicy at the

niversity of California Jos !ngeles0 !o$ %ot to Make a !as# &ut o' Canna(is

Legalization

htt1+22www0washingtonmonthly0com2maga=ine2march6a1ril6may6345M2features2how6 not6to6ma*e6a6hash6out6of4M3501h1Z1age]all ̂D253'22*mc

8e undeniabe gains )%o egai:ation #onsist ost( o) getting %id o) tedaage done b( &%oibition0 (Inee, as E0 $0 .ionne an 9illiam %alston have 1ointe out, 1olling

suggests that su11ort for legali=ation is riven more ;y iscontent with 1rohi;ition than ;y enthusiasm for 1ot07

Right now, !mericans s1en a;out /L ;illion a year on illegal canna;is0 )hatmoney goes unta-e the 1eo1le wor*ing in the inustry arent gaining legitimate

Go; e-1erience or getting Social Security creit, an some of them s1en time;ehin ;ars an win u1 with felony criminal recors0 !;out NL4,444 users a year get arreste

for 1ossession, something much more li*ely to ha11en to a ;lac* user than a white one0 9e also s1en a;out 5;illion annually in 1u;lic money *ee1ing roughly M4,444 growers an ealers ;ehin ;ars at any one time0 )hats a

small chun* of the incarceration 1ro;lem, ;ut it re1resents a lot of money an a lot of su"ering0 )he enforcemente"ort, incluing the use of Tynamic entry rais, im1oses aitional costs in money, li;erty, 1oliceAcommunity

conict, an, occasionally, lives0 Cannabis deaing and en)o%#eent donDt #ont%ibute

u# to d%ug>%eated vioen#e in te United 9tates3 but te( a.e u& anoti#eabe &a%t o) Me?i#oDs &%obes; !nother gain from legali=ation woul ;eto move the millions of !mericans whose crimes ;egin an en with using illegalcanna;is from the wrong sie of the law to the right one, ;ringing an array of;ene?ts to them an their communities in the form of a healthier relationshi1 withthe legal an 1olitical systems0 Current canna;is users, an the millions of otherswho might choose to start using canna;is if the rug ;ecame legal, woul alsoenGoy an increase in 1ersonal li;erty an ;e a;le to 1ursue, without the fear of legalconse>uences, what is for most of them a harmless source of 1leasure, comfort,

rela-ation, socia;ility, healing, creativity, or ins1iration; Fo% tose &eo&e3egai:ation $oud aso b%ing $it it a te o%dina%( gains #onsue%sde%ive )%o o&en #o&etition4 o$e% &%i#es3 easie% a##ess3 and a $ide%

%ange o) avaiabe &%odu#ts and eans o) adinist%ation3 ed to Guait(

standa%ds te ii#it a%.et #anDt en)o%#e;

http://www.washingtonmonthly.com/magazine/march_april_may_2014/features/how_not_to_make_a_hash_out_of049291.php?page=all






>>?t egai:ation .e(Ma%iuana &%oibition d%ives #a%te vioen#e>>>a%ti-#ia( ig

&%i#es sustain #%iina ente%&%ises>>>egai:ation is .e(

Paul A%entano 0H, .e1uty .irector of the :ational <rgani=ation for the Reform

of ariGuana Jaws, an e-1ert in the ?el of mariGuana 1olicy, health, an1harmacology, has serve as a consultant for &ealth Canaa an the CanaianPu;lic &ealth !ssociation, T&ow to En e-ico@s .ealy .rug 9ar, 52524, )heFounation for Economic Eucation, htt1+22www0fee0org2the6freeman2etail2howAtoAenAme-icosAealyArugAwar

)he 0S0 <Hce of .rug Control Policy (more commonly *nown as the rug c=ars oHce7 says more than N4 1ercentof the 1ro?ts rea1e ;y e-ican rug lors are erive from the e-1ortation an sale of canna;is to the !mericanmar*et0 )o anyone who has stuie the mariGuana issue, this ?gure shoul come as no sur1rise0 !n estimate 544million !mericans age 53 or olerYor a;out M/ 1ercent of the countryYamit to having trie 1ot, a higher

1ercentage, accoring to the 9orl &ealth <rgani=ation, than any other country on the 1lanet0 )wentyA?vemillion !mericans amit (on government surveys, no less7 to smo*ing mariGuana uring the1ast year, an 5L million say that they inulge regularly 0 )his high eman,com;ine with the rugs arti?cially inate ;lac*Amar*et value (1ot 1ossession has ;een

illegal uner feeral law since 5/D7, now ma*es canna;is !mericas to1 cash cro10_ In fact,

accoring to a 344D analysis ;y %eorge ason niversity 1rofessor $on %ettman, the annual retail value of the 0S0 mariGuana mar*et is some 55/ ;illion0_ &ow much of this goes irectly to e-ican cartels

is iHcult to >uantify, ;ut no ou;t the 1ercentage is signi?cant0 %overnment oHcials estimate that a11ro-imatelyhalf the mariGuana consume in the nite States originates from outsie its ;orers, an they have ienti?e

e-ico as far an away !mericas largest 1ot 1rovier0 Because e-icanAgrown mariGuana tens tofetch lower 1rices on the ;lac* mar*et than omestically grown wee (a result attri;ute

largely to lower 1rouction costsYthe e-ican variety tens to ;e grown outoors, while an increasing 1ercentage

of !mericanAgrown 1ot is 1rouce hyro1onically inoors7, it remains consistently 1o1ular among0S0 consumers, 1articularly in a own economy0 !s a result, 0S0 law oHcials now re1ort that somee-ican cartels are moving to the nite States to set u1 sho1 1ermanently0 !Congressional Research Service re1ort says lowAlevel cartel mem;ers are now esta;lishing clanestine growingo1erations insie the nite States (thus eliminating the nee to cross the ;orer7, as well as 1artnering withomestic gangs an other criminal enter1rises0 ! arch 3/ :ew Vor* )imes story s1eculate that e-ican ruggangs or their aHliates are now active in some 3/4 0S0 cities, e-tening from )ucson, !ri=ona, to !nchorage,

!las*a0_ In short, !mericas multi;illionAollar eman for 1ot is )ueing te Me?i#an

d%ug t%ade and u# o) te tu%) battes and #a%nage associate with it0 _ Same

<l TSolutions_ So what are the aministrations 1lans to >uell the cartels growing inuence an surging violenceZ

)rou;lingly, the 9hite &ouse a11ears intent on recycling the very strategies that gaverise to e-icos infamous rug lors in the ?rst 1lace0 _ In arch the aministration re>ueste

D44 million from Congress to T;olster e-isting e"orts ;y 9ashington an e-ican Presient Feli1e Caler\nsaministration to ?ght violent traHc*ing in rugs 0 0 0 into the nite States0 )hese e"orts, as escri;e ;y the Jos!ngeles )imes, inclue+ Tvowing to sen 0S0 money, man1ower, an technology to the southwestern ;orer anTreucing illegal ows (of rugs7 in ;oth irections across the ;orer0 )he aministration also announce that it

intens to clam1 own on the 0S0 eman for illicit rugs ;y increasing funing for rug treatment an rugcourts0_ )here are three 1rimary 1ro;lems with this strategy0_ First, mariGuana 1rouction is a lucrative;usiness that attracts criminal entre1reneurs 1recisely ;ecause it is a ;lac*Amar*et

(an highly sought after7 commoity0 !s long as 1ot remains feerally 1rohi;ite its retail1rice to the consumer will remain arti?cially high, an its 1rouction an istri;utionwill attract criminal enter1rises willing to turn to violence (rather than the Guicial system7 tomaintain their slice of the multiA;illionAollar 1ie 0_ Secon, the nite States is alreay s1ening

more money on illicitArug law enforcement, rug treatment, an rug courts than at any time in our history0 FBIata show that omestic mariGuana arrests have increase from uner /44,444 annually in 55 to over 44,444



toay0 Police sei=ures of mariGuana have also risen ramatically in recent years, as has the amount of ta-1ayerollars feeral oHcials have s1ent on soAcalle Teucational e"orts to iscourage the rugs use0 (For e-am1le,since the late 54s Congress has a11ro1riate well over a ;illion ollars in antiA1ot 1u;lic service announcementsalone07 Vet es1ite these com;ine e"orts to iscourage eman, !mericans use more 1ot than anyone else in the

worl0_ )hir, law enforcements recent attem1ts to crac* own on the cartelsmariGuana istri;ution rings, 1articularly new e"orts launche ;y the Caler\n aministration in e-ico,

are riving the un1receente wave in e-ican violenceYnot a;ating it 0 )he :ew Vor*

)imes states+ T! crac*own ;egun more than two years ago ;y Presient Feli1e Caler\n, cou1le with feus overturf an control of the organi=ations, has set o" an un1receente wave of *illings in e-ico0 0 0 0 any of thevictims were torture0 Beheaings have ;ecome common0 Because of this escalating violence, e-ico now ran*s;ehin only Pa*istan an Iran as the aministrations to1 international security concern0_ .es1ite the rising eathtoll, rug war haw*s at the 0S0 .rug Enforcement !ministration (.E!7 remain aamant that the nite Statesan e-icos Tsu11ly sie strategies are in fact successful0 T<ur view is that the violence we have ;een seeing is asign1ost of the success our very courageous e-ican counter1arts are having, acting .E! aministrator icheleJionhart sai recently0 T)he cartels are acting out li*e cage animals, ;ecause they are cage animals0 Presient<;ama also a11ears to share this view0 !fter visiting with the Caler\n government in !1ril, he tol C:: heintene to T;eef u1 security on the ;orer0 9hen as*e whether the aministration woul consier alternativestrategies, such as 1otentially li;erali=ing 1ots criminal classi?cation, &omelan Security Secretary $anet:a1olitano re1lie that such an o1tion Tis not on the ta;le0_ ! :ew Remey_ By contrast the Caler\naministration a11ears o1en to the iea of legali=ing mariGuanaYor at least reucing criminal sanctions on the1ossession of small >uantities of rugsYas a way to stem the tie of violence0 Jast s1ring e-ican lawma*ers maethe 1ossession of 1ersonalAuse >uantities of canna;is an other illicit su;stances a noncriminal o"ense0 !n in !1ril

e-icos am;assaor to the nite States, !rturo Saru*han, tol CBSs Face the :ation thatlegali=ing the mariGuana trae was a legitimate o1tion for ;oth the e-ican an 0S0governments0 T[)'hose who woul suggest that some of these measures [legali=ation' ;e loo*e at unerstan

the ynamics of the rug trae, Saru*han sai0_ Former e-ican Presient Wicente Fo- recently echoe Saru*hans

remar*s, as i a commission of former Jatin !merican 1resients0 TI ;elieve its time to o1en the e;ateover legali=ing rugs, Fo- tol C:: in ay0 TIt cant ;e that the only way [to try to control illicit rug use' is

for the state to use force0_ 9riting recently on C::0com, &arvar economist an Freeman contri;utor $e"rey ironsai that ening rug 1rohi;itionYon ;oth sies of the ;orerYis the only realistic an via;le way to 1ut a

1ermanent sto1 to the rising 1ower an violence associate with e-icos rug traHc*ers0 TProhi;itioncreates violence ;ecause it rives the rug mar*et unergroun, he wrote0 T )hismeans ;uyers an sellers cannot resolve their is1utes with lawsuits, ar;itration oravertising, so they resort to violence instea0 0 0 0 8e on( $a( to %edu#e

vioen#e, therefore, is to egai:e d%ugs0

Ma%iuanaDs .e(>>>egai:ation $ea.ens te #a%tes suI#ient(

to ao$ #u%%ent o&e%ations to su##eed

Ioan %io 12, author, Gournalist, writer an )W 1roucer ;ase in e-ico City,

has re1orte on e-ico an Jatin !merican since 3445, T&it e-icos Cartels 9ithJegali=ation, 5525253, :V), htt1+22www0nytimes0com234532552432o1inion2hitAme-icosAcartelsAwithAlegali=ation0html

ariGuana is Gust one of the rugs that the cartels traHc0 Chemicals such as crystal meth may ;e too venomous to

ever ;e legali=e0 But canna;is is a cash cro1 that 1rovies uge &%o-ts to #%iina

a%ies, 1aying for assassins an guns south of the Rio %rane0 )he scale of the e-ican mariGuana ;usinesswas illustrate ;y a mammoth 534Ahectare 1lantation ;uste last year in BaGa California0 It ha a so1histicateirrigation system, slee1ing >uarters for N4 wor*ers an coul 1rouce 534 metric tons of canna;is 1er harvest0 _

!gain, no;oy *nows e-actly how much the whole e-icoA0S0 mariGuana trae isworth, with estimates ranging from 3 ;illion to 34 ;illion annually0 But even if you ;elieve the lowestnum;ers, legal mariGuana woul ta*e ;illions of ollars a year away from organi=ecrime0 )his woul inict more ?nancial amage than soliers or rug agents havemanage in years an su;stantially wea*en cartels 0_ It is also argue that e-icangangsters have e-1ane to a 1ortfolio of crimes that inclues *ina11ing, e-tortion, human



smuggling an theft from oil 1i1elines0 )his is a terrifying truth0 But this oes not ta*e away from thefact that the mariGuana trae 1rovies the crime grou1s with maGor resources0 )hatthey are committing crimes such as *ina11ing, which have a horri?c e"ect oninnocent 1eo1le, ma*es cutting o" their ?nancing all the more urgent 0_ )he cartels will

not isa11ear overnight0 0S0 agents an the e-ican 1olice nee to continue ;attling hit

s>uas that wiel roc*etA1ro1elle grenaes an ;eltAriven machine guns0 Killers who hac* o" heas still haveto ;e loc*e away0 e-ico nees to clean u1 corru1tion among the 1olice an ;uil a vali Gustice system0 !n

young men in the ;arrios have to ;e given a ;etter o1tion than signing u1 as *illers0_ !ll these tas*s will ;eeasie% i) te o$ o) one( to te #a%tes is d%aati#a( so$ed do$n 0 .o we

really want to han them another trillion ollars over the ne-t three ecaesZ



>>?t soves stabiit(Ma%iuana egai:ation #auses a de#%ease in U9 #%ie – %oot

#ause o) d%ug %eated vioen#e is te use o) iega d%ugs3 not

te a#tive 8C ing%edients

Fe%ne% 1 [att, /A3D0 Legalizing Medical Marijuana May Actually )educe Cri*e,Study Says htt1+22www0huHngton1ost0com2345M24/23D2meicalAmariGuanaAcrimeAstuy6n6L4MM/D0html D25325L'22*mc

Ke beieve tat edi#a a%iuana egai:ation &oses no t%eat o)

in#%eased vioent #%ie3K Ro;ert orris, the stuy@s lea author, tol )he &uHngton Post0 orris,associate 1rofessor of criminology at ) .allas, an his colleagues loo*e at crimerates for all L4 0S0 states from 54 to 344N0 .uring this 1erio, 55 states legali=emeical mariGuana0 )he researchers e-amine legali=ation@s e"ect on what the FBIcalls Part I crimes, which inclue homicie, ra1e, ro;;ery, aggravate assault,;urglary, larceny an auto theft0 KA)te% #ont%oing )o% a ost o) .no$n )a#to%s

%eated to #anges in #%ie %ates

AA we accounte for factors such as 1overty,em1loyment, eucation, even 1er ca1ita ;eer sales, among other things AA $e)ound no eviden#e o) in#%eases in an( o) tese #%ies )o% states a)te%

egai:ing a%iuana for meical use,8 orris sai0 8"n )a#t3 )o% soe )o%s o) vioen#e

>> oi#ide and assaut >> $e )ound &a%tia su&&o%t )o% de#ines a)te% te&assing o) tis egisation;K .ata for the stuy came from state we;sites, FBI niform Crime Re1orts,

the census, )he Bureau of Ja;or Statistics, )he Bureau of Economic !nalysis an the Beer Institute0 )he stuy inot e-1lore a relationshi1 ;etween mariGuana use an violent crime, orris sai0 Rather, the research team loo*eat legali=ation@s e"ect on crime0 <ther stuies have faile to esta;lish a lin* ;etween mariGuana use an crime0

8)he ?nings on the relationshi1 ;etween violence an mariGuana use are mi-ean much of the evience 1oints towar reuctions in violent ;ehavior for thosewho smo*e mariGuana,8 orris sai0 8 "n )a#t3 %esea%#e%s ave suggested tat an(

in#%ease in #%iinait( %esuting )%o a%iuana use a( be e?&ained b(its iegait(3 %ate% tan )%o te substan#e itse);K <ther research suggests alcohol is

a much more signi?cant factor than mariGuana when it comes to violent crime0 ! re1ort from the :ational Instituteon !lcohol !;use an !lcoholism foun that 3L 1ercent to /4 1ercent of violent crimes are lin*e to alcohol use0 !se1arate stuy in the Gournal of !ictive Behaviors note that 8alcohol is clearly the rug with the most evience

to su11ort a irect into-icationAviolence relationshi1,8 an that 8canna;is reuces li*elihoo ofviolence uring into-ication08 )he :ational !caemy of Sciences foun that inchronic mariGuana users, )&C AA the active ingreient in 1ot AA actually #auses a

de#%ease in Kagg%essive and vioent beavio%;K Jaws in 34 states an the.istrict of Colum;ia allow mariGuana for meical use0 Colorao an 9ashingtonstate have legali=e mariGuana for recreational use0 !;out a o=en other states areli*ely to legali=e mariGuana in some form in the coming years0 ichael Elliott,

e-ecutive irector of the ariGuana Inustry %rou1, sai he was 1lease, ;ut notsur1rise, ;y the new research0 8!s a trae association, we have su11orte theevelo1ment of this com1rehensive regulatory framewor*, incluing trans1arency,accounta;ility, licensing, ;ac*groun chec*s, ?nancial isclosures, see to saletrac*ing, an consumer safety 1rotections li*e 1ac*aging, la;eling, an testing,8

Elliott sai0 89hile this 1rogram is cum;ersome for the small ;usiness owners in this inustry, it is )a% bette%

tan #oosing ba#. a%.et o&e%ato%s $o use vioen#e to doinate te

sae o) a%iuana and &%e( on ou% #id%en;,

http://www.huffingtonpost.com/2014/03/27/medical-marijuana-crime-study_n_5044397.html






>>?t4 9oves e#on6%ug vioen#e via #a%tes endange%s te U9 e#ono( – on(

egai:ation soves

8ieeans 1 [<tto Raul, N25N0 Research !ssociate at the Council on

&emis1heric !"airs0 !uthoritarianism <n )he Rise+ )he 9ar on .rugs Erosion ofe-ican .emocracy0 htt1+22www0coha0org2authoritarianismAonAtheAriseAtheAwarAonArugsAerosionAofAme-icanAemocracy2 D25/'22*mc

e-icos 1rogressive shift towars authoritarianism is not sim1ly the result of the e-ecutive an

military actively 1ursuing greater 1ower it is also the net result of a cri11ling economicenvironment an violent social atmos1here0 Following a series of ;an* crises an glo;al ?nancial

meltowns, e-ico has ;een 1lague with having to ;attle a series of economic catastro1hes0 Its economyhas ;een estimate to have an annual %.P of 503 trillion S., which is limite inits a;ility to e-1an ue to the high cost of security that is neee for economicenter1rises to o1erate within the country0 !ccoring to some scholars, security e-1enitures a an

aitional to 5L 1ercent to ;usiness o1erations [3M'0 !n although the e-ican government has ;een on an

aggressive cam1aign to attract foreign investors to the countrys ;urgeoning manufacturing sector, the fact of thematter is that the anger an high costs of ;usiness o1erations hanica1 economic 1ros1erity0 )his, in com;inationwith an increase level of militari=e warfare, is estimate to ecrease economic growth ;y a11ro-imately 5O [3L'0 )he com;ination of these factors inhi;its the government from creating Go;s that woul otherwise hel1 em1loy

some of the countys N million unem1loye citi=ens0 9ith more than L3 1ercent of the 1o1ulationliving in e-treme 1overty, ?nancial is1arity ma*es the countrys im1overishe1ersons 1rime ;ait for rug cartels [3N'0 9hile angerous, the hefty salary 1ai ;y organi=e crime

ensures the loyalty an steay su11ly of countless wor*ers0 !s it stans, rug cartels em1loy overhalf a million 1eo1le in e-ico alone [3D'0 )heir growing networ* of wellA1aicriminals not only ensures a steay ow of narcotics to :orth !merica an Euro1e,;ut also guarantees the 1er1etuation of the 9ar on .rugs ;y having citi=ens feeinto the very system that the e-ican government is attem1ting to ismantle0 .ue to

the increasing sco1e of the conict, the government is li*ely to restrict civil li;erties an continue to enow thee-ecutive an military with relatively unchec*e 1owers in orer to resolve the issue at han0 )his erosion of li;eralemocratic values, regarless of goo intentions, will ensure the growth of authoritarianism in a country whose

history is ;lotche with rightAwing ictatorshi1s an vast 1erios of o11ression0 )he 9ar on .rugs isa11roaching a ecae of violence with increasing evience that the enlessviolence is setting the stage for antiemocratic governance to engulf the country09ith re1orts citing an a11ro-imate 50N million 1eo1le as having ;een is1lace, momentum has grownwithin the 1u;lic to e>ui1 the government with the 1ower necessary to en the rugcartels rec*less actions [3'0 Polls from 3453 emonstrate that 4 1ercent of thee-ican 1o1ulation su11orts using the army to com;at rug violence [3'0 Stuies show

that almost three in every four iniviuals (D/ 1ercent7 viewe the military 1ositively in 34530 oreover, trust in

national government lea1e from LM to NL 1ercent ;etween 3455 an 3453 [/4'0 9ith the average citi=en

emonstrating an increase sense of trust in their government an the armeforces, civil society has overwhelmingly reGecte the notion of efening humanrights an ;asic li;erties0 !s a matter of fact, the argument coul ;e mae that the e-ican 1u;lic has

ecie to trae ;asic li;erties for security0 Es1ecially with oneAthir of the 1o1ulation ;eing in favor of having thenite States sen troo1s to e-ico, sovereignty an civil li;erties are viewe as insigni?cant ;y a consiera;lenum;er of the e-ican 1o1ulace when it comes to com;ating unmanagea;le levels of violence [/5'0 Finally,am;itious 1oliticians an 1owerAhungry military leaers are not the only catalyst in e-icos reactionary shifttowars an illi;eral emocracy0 )he governments failure to create an ae>uate num;er of Go;s, in aition to1rolonge warfare ;etween government forces an criminal organi=ations, has riven es1erate citi=ens intofostering a climate that favors the eterioration of emocratic values in e-change for a 1erceive sense of security0

http://www.coha.org/authoritarianism-on-the-rise-the-war-on-drugs-erosion-of-mexican-democracy/






Pros1ects For ! Better )omorrowZ e-ico is curse ;y its geogra1hy0 !lthough ;lesse with vast oil reserves, thefact that the country is nestle ;etween the nite States (the worls largest consumer of illegal rugs7 an South!merica (a region of vast narcotic 1rouction7 ensures that it is constantly ;attling with rugs traHc*ing across its

;orers [/3'0 :eeless to say, 0S0 1ressures to ismantle the o1erations of rug 1roucers,in aition to social unrest, 1uts the e-ican government in a iHcult 1osition0 9hile

everyone who loves e-ico wants to see it ourish as a evelo1e country, the fact is until e-ico can attractinvestments, create a greater num;er of Go;s, an restore social tran>uility it is inevita;le that criminal

organi=ations will continue to 1rey on im1overishe an 1oorly eucate 1ersons0 )hese shortcomings will only ato the conict, resulting in continue violence an countless fatalities0 It is highly unli*ely that e-icos 9ar on

.rugs will ;e resolve in the near future0 If violence oes su;sie, then the country will have amuch easier tas* aressing issues of wealth is1arity, lac*luster eucation, an1oor la;or conitions0 Saly, the reality of the situation is that violence will continuean the government will actively attem1t to grant itself with greater, unchec*e1owers to com;at the 1ro;lem0 .oing so will inevita;ly ismantle what remains ofthe countrys emocratic fa;ric an conemn the nation an its 1eo1le too11ression ;y corru1t government oHcials0

Me?i#an e#ono( .e( to U9 e#onoi# stabiit(

Bu#. 12 [Ste1hanie, NA340W#y +ou S#ould Care A(out Mexico

htt1+22www0ci1e0org2;log2345324N2342whyAyouAshoulAcareAa;outAme-ico2^0WaJ&m$:Wi*1 D253'22*mc

In aition to 1roviing each other with im1ortant e-1ort mar*ets, te Me?i#an and U9 e#onoiesa%e be#oing in#%easing( integ%ated in $a(s tat bu% t%aditiona

unde%standings o) t%ade; )he regional su11ly chains of S com1anies crissAcrossthe SAe-ico ;orer, meaning that e-ico an the S wor* together tomanufacture goos that are eventually sol on the glo;al mar*et0 For e-am1le, cars;uilt in :orth !merica may cross the ;orer as many as eight times as they are;eing 1rouce0 In other wors, the S an e-ico are more than Gust neigh;ors0 Economicintere1enence, share cultural heritage, an grim security issues tat bot #ount%ies ust

)a#e togete% ean tat $at a&&ens in Me?i#o ae#ts te U9 in o%e$a(s tan ust iig%ation and d%ug t%aI#.ing0 e-icos economic, 1olitical,

institutional, social, an security challenges are all interconnecte+ whoever wins the e-ican 1resiential electionson $uly 5 will have to face a myria of com1le- 1ro;lems0 &e or she will hel1 set 1olicies that will ;oth irectly an

inirectly a"ect everyone from S ;usiness leaers to migrant wor*ers to white su;ur;an teenagers0 A Me?i#o

tat is )u( eGui&&ed $it eade%s $o #an e& navigate te &%o#ess tote %e)o%s te #ount%( needs is an even o%e i&o%tant e#onoi# and

&oiti#a a( tat #an e& in#%ease &%os&e%it( t%ougout te %egion; 8is

is not a :e%o>su gae; ") Me?i#o ou%ises3 te U9 $i aso ou%is;

http://www.cipe.org/blog/2012/06/20/why-you-should-care-about-mexico/#.VaLHmJNVikp






at4 Lin.s to &oiti#sAvoids te in. to &oiti#s – states and bi&a%t ag%eeent $i

ta.e te eat )o% egai:ation3 not =baa

Fe%be% 71 [att, 345L0 &(a*a -' Enoug# States Decri*inalize Marijuana,

Congress May C#ange .ederal La$0htt1+22www0huHngton1ost0com2345L24/25N2o;amaAmariGuanaAecriminali=ation6n6N5/DM0html D253'22*mc

P%esident Ba%a#. =baa said i) enoug states %e)o% tei% a%iuanaa$s3 Cong%ess a( #ange )ede%a a$ tat #ontinues to a.e te d%ug

iega; <;ama, uring an interview with Wice eia coAfouner Shane Smith release in full on onay, sai

es en#ou%aged tat ibe%a 6eo#%ats and #onse%vative Re&ubi#anssee to ag%ee tat #u%%ent U;9; a%iuana a$s dont a.e sense; 89e may;e a;le to ma*e some 1rogress on the ecriminali=ation sie,8 <;ama sai0 8!t acertain 1oint, i) enoug states end u& de#%iinai:ing3 then Congress may thenrescheule mariGuana08 Jast wee*, Sens0 Cory Boo*er (.A:0$07, Ran Paul (RAKy07 an Kirsten %illi;ran (.A

:0V07 introuce a ;ill that woul reclassify mariGuana from a Scheule I rug, which has high 1otential for a;use anno meical value, to a Scheule II rug, which has lower 1otential anger an recogni=e meical ;ene?ts0

:ineteen states an the .istrict of Colum;ia have ecriminali=e the 1ossession ofsmall amounts of mariGuana for 1ersonal use0 )wentyAthree states have legali=emariGuana for meical 1ur1oses0 Four states, as well as .0C0, have legali=erecreational mariGuana0 8I@ se1arate out the issue of criminali=ation of mariGuanafrom encouraging its use,8 <;ama sai0 8I thin* there@s no ou;t that our criminal

Gustice system, generally, is so heavily s*ewe towars crac*ing own on nonAviolent rug o"eners that it has not Gust ha a terri;le e"ect on many communitiesAA 1articularly communities of color AA renering a lot of fol*s unem1loya;le ;ecausethey got felony recors, is1ro1ortionate 1rison sentences0 It costs a huge amount

of money to states an a lot of states are ?guring that out0 KBut $at "en#ou%aged b( is (ou%e sta%ting to see not ust ibe%a 6eo#%ats3 but aso

soe ve%( #onse%vative Re&ubi#ans %e#ogni:e tis doesnt a.e sense >>

in#uding te ibe%ta%ian $ing o) te Re&ubi#an Pa%t(;K <;ama cautione that

legali=ation or ecriminali=ation of mariGuana, or any other su;stance, isn@t a 1anacea0 8I thin* there is a legitimateconcern a;out the overall e"ects this has on society, 1articularly vulnera;le 1arts of our society,8 <;ama sai0 8Su;stance a;use generally, legal an illegal su;stances, is a 1ro;lem0 Joc*ingsome;oy u1 for 34 years is 1ro;a;ly not the ;est strategy, an that is somethingwe have to rethin* as a society as a whole08

#& $i be &e%#eived as bi&a%t – eans =baa $onDt need to

&us

Ange 7O [)om, 345L0 )om !ngell is the founer an chairman of ariGuanaaGority, an serves as meia relations irector of Jaw Enforcement !gainstProhi;ition0 Before Goining JE!Ps sta", )om wor*e for si- years with Stuents forSensi;le .rug Policy, ?rst as a stuent cha1ter leaer an then as a national sta"er0!ouse /ill Creates %e$ .ederal Category 'or Marijuana )esearc# htt1+22www0mariGuana0com2;log2news2345L24D2houseA;illAcreatesAnewAfeeralAcategoryAforAmariGuanaAresearch2 D25L'22*mc

http://www.huffingtonpost.com/2015/03/16/obama-marijuana-decriminalization_n_6881374.html


http://www.marijuana.com/blog/news/2015/07/house-bill-creates-new-federal-category-for-marijuana-research/








Some of the ;iggest su11orters an o11onents of mariGuana law reform in Congressare teaming u1 on ne$ bi&a%tisan egisation that woul create a new categoryof feeral law to regulate canna;is research0 ` )he 1ro1osal, which is an amenment to a larger ;ill

aime at accelerating the evelo1ment of new meicines, woul set u1 a new section of the Controlle Su;stances

!ct, calle Scheule IAR, that is Tesigne to facilitate crei;le research on the meical eHcacy of marihuana0 ` Italso inclues a TSense of Congress clause calling on the :ational Institutes of&ealth an the .rug Enforcement !ministration to colla;orate on stuying the;ene?ts an ris*s of using mariGuana as a meical treatment0 ` S1onsoring theamenment is a collection of strange ;efellows from ;oth 1arties, incluing Re10 !ny&arris (RA.7, who le unsuccessful e"orts to ;loc* 9ashington, .0C0 fromim1lementing its mariGuana legali=ation an ecriminali=ation laws, an Re10 EarlBlumenauer (.A<R7, who is the chief author of ;ills aime at increasing militaryveterans access to meical canna;is an 1roviing fair ta- rates for stateAlegalmariGuana ;usinesses0 !lso signe on are Re10 Sam Farr (.AC!7, who coAlesuccessful e"orts to 1ass amenments 1rohi;iting the .e1artment of $ustice froms1ening money to interfere with state meical mariGuana laws, an Re10 organ%riHth (RAW!7, who is the lea s1onsor of legislation to allow use of canna;iiolArich

mariGuana strains ;y chilren su"ering from severe sei=ure isorers 0` T%iven the

wies1rea use of meical mariGuana, it is im1erative that octors ;etter unerstan how it can ;e use to treat

i"erent 1eo1le an conitions, as well as the ris*s involve, Re10 Blumenauer tol ariGuana0com0 T<uramenment shows mem;ers of Congress with wiely varying views on mariGuana1olicy are unite in su11ort of ;uiling a ro;ust ;oy of scienti?c information onmeical mariGuana0

P# isnDt .e( – inte%est g%ou&s and bi&a%t eo%ts $i &us te #&

t%oug Cong%ess

e%es 15 [Kris, /2540 US Senators -ntroduce Unprecedented, S$eeping

/ipartisan Medical Marijuana /ill Ai*ed at 0rotecting 0atients0

htt1+22www0theailychronic0net2345L2M5MN/2usAsenatorsAintrouceAun1receenteAswee1ingA;i1artisanAmeicalAmariGuanaA;illAaimeAatA1rotectingA1atients2 D25L'22*mc

9!S&I:%)<:, .C Y Com1rehensive meical mariGuana legislation was introuce )uesay in the nite States Senate for the ?rst time in the countrys history0`

Senators Ran Paul (RAKV7, Cory Boo*er (.A:$7, an Kirsten %illi;ran (.A:V7introuce the Com1assionate !ccess, Research E-1ansion, an Res1ect States(C!RERS7 !ct to en the feeral 1rohi;ition on meical mariGuana an allow statesto set their own 1olicies0 ` )he C!RERS !ct is enorse ;y several avocacy grou1sincluing !mericans for Safe !ccess (!S!7, which hel1e Senate authors evelo1 the legislation0 `

)he C!RERS !ct will reclassify mariGuana for meical use, overhaul the ;an*ing laws

so as not to 1unish license ;usinesses, allow veterans to have access to meicalmariGuana, an eliminate current ;arriers to research0` Currently, twentyAthree statesan the .istrict of Colum;ia have ao1te meical mariGuana laws, an anothertwelve states have ao1te laws allowing for the consum1tion of a s1eci?c form ofcanna;is *nown as Canna;iiol or CB. commonly use to treat sei=ure isorers0` .es1ite the

1assage of meical mariGuana laws in more than half of the nite States, it remains illegal uner feeral law0Because of this, >uali?e 1atients who use meical mariGuana in com1liance with state law are still at ris* of feeralenforcement, as are is1ensary owners an government regulators0

http://www.thedailychronic.net/2015/41463/us-senators-introduce-unprecedented-sweeping-bipartisan-medical-marijuana-bill-aimed-at-protecting-patients/






Census CPs



**Eiinate te Census8e?t4 8e United 9tates )ede%a gove%nent soud eiinate te #ensus;

8e &%o#ess o) naing tat te #ensus #%eates is bad/tei% auto% ag%ees

tat getting %id o) it $oud sove bette% tan te a;Me:e(3 0<> (:aomi e=ey is an !ssociate Professor of Jaw, %eorgetown niversity Jaw Center7 TErasure an

recognition+ )he census, race an the national imagination :orthwestern Jaw Review Wol0 M0 Issue M, Summer344/, : Jaw Pu;lishinh, Pro>uest, 22roneofar*

<ne of the most e"ective ways in which the law calls 1eo1le into ;eing is ;y namingthem0 But it also unnames 1eo1le, sometimes consciously, sometimes Gust as anecessary conse>uence of naming others0 )o the e-tent that law enforces someientities, it 8unma*es8 others0/D So it is with the census0 By ma*ing an using some racial

categories, the census e"ectively unoes other categorical 1ossi;ilities0 <ne of the reasons !sian !mericans havelo;;ie to retain a list of s1eci?c national origins on the census form is so that the naming of !sians as !sians oes

not unname Chinese, Samoans, an Wietnamese0/4 By failing to recogni=e a multiracial category,<B incientally unname those who unerstan themselves as multiracial0 But the

Census Bureau unname (or rename7 them more overtly ;y oHcially calling thosewho re1ort more than one race 8)he )wo or ore Races Po1ulation08 )his is a*in to the

South !frican 1ractice of calling !frican, colore, an Inian 1eo1le 81reviously isavantage iniviuals08/5 <f

course, in naming themselves, grou1s must create an enforce ;ounaries of theirown, an this is no less true of those within the multiracial movement who have*eenly felt the ;ounaries of other grou1s0/3 )he census, ;y naming an counting,is engage in a 1owerful ;usiness0 8)o as* some >uestions is to sacri?ce others0 )he;ounaries of oHcial in>uiry are the statistical counter1art to the ;ounaries of the1olitical agena an it is an elementary 1oint of 1olitical analysis that the control of such ;ounaries is a critical face of 1ower08// <Hcial >uestions an government classi?cations

are 1owerful in ;oth creative an re1ressive ways0 )hey create ee1 cognitive commitments as

well as 1rovie avenues of control0 8<Hcial categories may hel1 to constitute orivie grou1s an to illuminate or o;scure their 1ro;lems an achievements08 /M

<Hcial categories name, an ;y naming unname0 )hey recogni=e, an through recognition erase0 9hile ultimately Iagree with .avi )heo %ol;erg that, as 1arao-ical as it seems, we nee 8to count ;y race in orer to uno racialcounting,8/L the narrative of this !rticle is not irecte towar a ecision a;out whether race counting ;y thecensus is, on ;alance, worth it0 $ust as rights entail regulation an re1ression,/N Gust as culture constrains,/D I

have attem1te to show how legal an regulatory regimes that recogni=e ientity also erase it0 )he census, asa 1owerful legal mechanism, has 1laye a crucial role in aHrming an isci1lininggrou1s, in ma*ing an unma*ing, an in naming an unnaming the ;ounaries ofgrou1 an national ientity0



**=&tiona Catego%( CP

8e?t4 8e United 9tates )ede%a gove%nent soud a.e te %a#e &o%tion

o) te #ensus o&tiona;

8e CP $oud sove &o(#utu%ais bette%/te in#usion o) te %a#ia

#atego%( as e&ed die%ent %a#ia g%ou&s )o% a #oon identit( to be

%e#ogni:ed $i# as te &o$e% to aI% identit(Me:e(3 0<> (:aomi e=ey is an !ssociate Professor of Jaw, %eorgetown niversity Jaw Center7 TErasure an

recognition+ )he census, race an the national imagination :orthwestern Jaw Review Wol0 M0 Issue M, Summer344/, : Jaw Pu;lishinh, Pro>uest, 22roneofar*

:eeless to say, the moern census classi?cations of race, li*e the nineteenth century

classi?cations ;efore them, have inuence the meanings an 1olitics of race0 &istorian .avi

&ollinger has calle Statistical .irective 5L 8the single event most res1onsi;le for thelines8 that con?gure our unerstaning of race, an unerstaning which he calls the

ethnoAracial 1entagon of !frican !merican, !sian !merican, :ative !merican,&is1anic, an white03D3 <ther scholars mar* .irective 5L as the 1oint when 8the use of racial classi?cation

shifte from one of e-clusion to one of e-1licit inclusion of s1eci?c grou1s083D/ In this conte-t, where thecensus is one of the 1rimary vehicles for the istri;ution of certain grou11rotections an entitlements ;ase on race, one sees the strategic investment inthe 1olitics of enumeration for many grou1s in the moern welfare state0 )heengagement with the 1olitics of enumeration has ;een not only strategic, ;ut alsoee1ly sym;olic for some communities of ientity0 )he sym;olic conse>uences ofcensus inclusion might also ;e sai to erive from the civil rights movement in thesense that it hel1e give rise to ientity 1olitics an multiculturalism, movements intheir own right which s1awne claims for 8oHcial8 recognition ;y many grou1s 0 )hese

recognition claims were often mae on the ;asis of color, ;ut as often serve as a 1ro-y for culture03DM 9ith theemise of scienti?c accounts of racial i"erence, an the ascenancy of social an1olitical e-1lanations,3DL ientity 1olitics ;ecame the arena in which communitiesan iniviuals ali*e struggle for cultural recognition ;y society at large 0 !s Charles

)aylor has mae clear, ientities are always ialogical, forge through interactions anrelationshi1s with others, an in that sense they rely on recognition ;y others (an

conversely, can ;e harme ;y misrecognition ;y others703DN In this way, ientity 1olitics em1hasi=ethe nee to ;e aHrme ;y others an the overriing value of recognition ;y thestate, itself sym;olic of national inclusion0 )hus the census has ;een an im1ortantmechanism for sym;olic inclusion in the nation, >uite a1art from the materialconse>uences of ;eing counte that have ins1ire the strategic 1ush for inclusion

;y grou1s0 &owever, it is im1ortant to note that precisely because identities do not have an ine1enent existence, but rather depend on social and cultural acknowledgment to be called into being, the race categories on the census havealways 1laye a ual role+ of recogni=ing ientity an also of conferring it0 !s Sharon

Jee has o;serve, 8<ne function of oHcial race classi?cations is to create a sense ofgrou1 mem;ershi1 or even community where there ha ;een none ;efore083DD Jee

1oints to the way in which the creation of an oHcial category coalesces a grou1 that may not have unerstoo itself

as a grou1 ;efore, or at least was not commonly unerstoo to ;e a grou10 For e-am1le, 8the social construction of

a 1anAethnic racial grou1 calle 9hite serve to minimi=e ethnic i"erences among the numerous Euro1ean ethnic



grou1s while fostering a common racial ientity0 It also harene the ivision ;etween 9hite an <thers083D ore recently, the census classi?cation of !sian has ha a similar e"ect of creating,among heterogeneous grou1s of !sian escent, a common 1anAethnic ientitythrough which 1eo1le have come to see themselves an others 03D )his was also true

much earlier of counting the Chinese as Chinese it create a Chinese ientity for 1eo1le who ha not necessarily

thought of themselves that way ;efore, an it create a Chinese race, which at least for a time i not inclue other!sians034 )he :ational !caemy of Sciences re1ort on feeral race classi?cationsimilarly claims that it was the Census Bureau@s use of the then uncommonesignation of 8&is1anic8 in the early 5D4s that le to its wie circulation an useas an ientity referent035 !s that re1ort attests, 8[t'here is a sym;iotic relationshi1;etween categories for the ta;ulation of ata an the 1rocesses of grou1consciousness an social recognition, which in turn can ;e reecte in s1eci?clegislation an social 1olicy0833 Because oHcial recognition has the 1ower, not Gust of

ac*nowleging an ientity that alreay e-ists, ;ut of conferring or soliifying an ientity aroun a1articular set of characteristics, it is not sur1rising that the census ;ecame one ofthe gran 1ri=es in the 1olitics of ientity0 ore sur1rising is the easy assum1tionmany ma*e that recognition has e"ectively is1lace erasure as the motivation for

enumeration0 Certainly the current rhetoric of inclusion ao1te ;y the state hasa11eare to change the sta*es of counting0 But Gust as e-clusion e1ens oncategorical recognition, so categorical recognition e1ens on e-clusions+ everygrou1 that is oHcially ienti?e as such creates new a-es of visi;ility an 1ower,an new erasures as well0 )hus, it is somewhat ironic that roughly 544 years after ?rst counting the

Chinese in a retri;utive act of erasure, the census has ;ecome the 1rinci1le vehicle of oHcial recognition in the

1olitics of ientity an in 1olitical accounting0



**Ban Ra#ia P%o-ing

8e?t4 8e United 9tates )ede%a gove%nent soud e?tend te Justi#e

6e&a%tentDs %ues )o% %a#ia &%o-ing to a gove%nent agents;

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gove%nent to &%o-e soves )o% g%eate% state>based instan#es o) %a#is;

o%$it:3 1> (Sari &orwit= covers the $ustice .e1artment an criminal Gustice issues nationwie for )he

9ashington Post7 T$ustice .e1t0 announces new rules to cur; racial 1ro?ling ;y feeral law enforcement )he9ashington Post, .ecem;er , 345M, htt1s+22www0washington1ost0com2worl2nationalAsecurity2GusticeAe1tAtoAannounceAnewArulesAtoAcur;AracialA1ro?lingA;yAfeeralAlawAenforcement2345M25324D2e44eca5ADeDA55eMAf/ALa5DeMc5fD6story0html 22roneofar*

)he <;ama aministration on onay formally announce longAawaite cur;s onracial 1ro?ling ;y feeral law enforcement, ;ut the new rules will not cover local1olice e1artments, which have come uner criticism in recent months over

allegations that their oHcers 1ro?le sus1ects0 !ttorney %eneral Eric &0 &oler $r0 e-1ane $ustice .e1artment rules for racial 1ro?ling to 1revent FBI agents from consieringgener, national origin, religion, se-ual orientation an gener ientity, in aitionto race an ethnicity, when o1ening cases 0 )he e1artment also is ;anning racial 1ro?ling from

national security cases for the ?rst time0 &olers revise 1olicy covers state an local lawenforcement oHcers while they 1artici1ate in feeral law enforcement tas* forces0

But it is consiere only guiance for 1olice oHcers in state an local e1artments0 )he 1ro?ling rules come at atime of racial tension aroun the country after the recent eaths of three !frican !mericans at the hans of 1olice inFerguson, o0, :ew Vor* an Clevelan, an the a;sence of criminal charges against the white 1olice oHcers who

were involve0 T!s attorney general, I have re1eately mae clear that 1ro?ling ;y lawenforcement is not only wrong, it is 1rofounly misguie an ine"ective, &olersai0 TParticularly in light of certain recent incients weve seen at the local level,

an the wies1rea concerns a;out trust in the criminal Gustice 1rocess, itsim1erative that we ta*e every 1ossi;le action to institute strong an soun 1olicing1ractices0 ! $ustice .e1artment oHcial sai the goal is for feeral law enforcement agenciesto Tmoel these 1olicies, 1roving to state an local authorities that successful1olicing oes not re>uire 1ro?ling0 &oler hel a conference call onay with local law enforcement

leaers to ;rief them on the 1olicy an encourage them to ao1t it0 T!t this historic moment in our nations racerelations, the release of this revise guiance is an im1ortant signal of 1rogress, ;ut it oes not com1letely aressthe nee for reform of 1olicing tactics at the state an local level, sai Jaura 90 ur1hy, irector of the !merican

Civil Ji;erties nions 9ashington legislative oHce0 )he rules also a11ly for the ?rst time to manyactivities at the .e1artment of &omelan Security, incluing all Immigration anCustoms Enforcement civil immigration enforcement, 0S0 Coast %uar lawenforcement activities, Borer Patrol activities not near the ;orer, .&S oHcers

1rotecting government ;uilings an feeral air marshals0 But .&S oHcials will not ;ecovere ;y the new racial 1ro?ling ;an when they screen airline 1assengers an guar the countrys Southwestern;orer0 Customs an Borer Protection, for e-am1le, still will ;e allowe to use 1ro?ling when conuctingscreenings an ins1ections at the countrys 1orts of entry an interictions of travelers at the ;orer, governmentoHcials sai0 Secret Service 1rotective activities also will not ;e covere ;y the rules0 T&aving a 1articular s*incolor, religious ;elief or last name is not a crime, sai RaGee1 Singh, irector of law an 1olicy at the Si*hCoalition, the largest Si*h !merican civil li;erties organi=ation0 T)his is not a L4AL4 issue0 )he <;ama aministrationcan either ;an 1ro?ling or allow it0 It souns li*e theyre committe to allowing it0 ! fact sheet on the 1olicy saithat some .&S activity is not covere ;y the 1olicy ;ecause of the Tuni>ue nature of .&Ss mission0 T)his oes not

mean that oHcers an agents are free to 1ro?le, accoring to the .&S fact sheet0 T )o the contrary, .&Ss e-isting

https://www.washingtonpost.com/world/national-security/justice-dept-to-announce-new-rules-to-curb-racial-profiling-by-federal-law-enforcement/2014/12/07/e00eca18-7e79-11e4-9f38-95a187e4c1f7_story.html









1olicies ma*e it categorically clear that 1ro?ling is 1rohi;ite, while articulating limite circumstances where it is1ermissi;le to rely in 1art on these characteristics, ;ecause of the uni>ue nature of ;orer an trans1ortation

security as com1are to traitional law enforcement0 Presient %eorge 90 Bush ;anne racial1ro?ling in 344/, ;ut the 1rohi;ition i not a11ly to national security investigationsan covere only race Y not religion, national origin, gener or se-ual orientationan gener ientity0 Civil rights grou1s an .emocratic lawma*ers have 1ushe for

e-1ane antiA1ro?ling 1rotections since Presient <;ama was electe in 3440&oler ;egan the 1rocess to revam1 the rules in 344 an consiers the new 1olicy one of the signatureaccom1lishments of his tenure0 !;out si- months ago, the $ustice .e1artment elivere the rules to the 9hite&ouse0 But they a11lie only to the e1artment, an 9hite &ouse oHcials wante the 1olices to cover aitional

agencies0 )he rules have ;een elaye in 1art ;ecause .&S oHcials 1ushe the 9hite&ouse an the $ustice .e1artment to allow maGor e-clusions for agencies such asthe )rans1ortation Security !ministration, Immigration an Customs Enforcement,an Customs an Borer Protection0 In several highAlevel meetings, .&S Secretary

$eh $ohnson argue that immigration an customs agents an air1ort screenersneee to consier a variety of factors to *ee1 the nation safe, accoring to oHcialsfamiliar with his 1ersonal e"orts0 )S! oHcials argue that the rules shoul not a11ly to them ;ecause

the )S! is not a law enforcement agency0 In its fact sheet, .&S oHcials sai that they will review activities not

irectly covere ;y the guiance to ensure that Twe are incluing every a11ro1riate safeguar an civil rights1rotection in the e-ecution of those im1ortant security activities, an to enhance our 1olicies where necessary0

But that was not enough assurance for civil li;erties avocates0 TIts ;aing thateven as the government recogni=es that ;iasA;ase 1olicing is 1atentlyunacce1ta;le, it gives a green light for the FBI, )S! an CBP to 1ro?le racial,religious an other minorities, the !CJs ur1hy sai0 T)his guiance is not anae>uate res1onse to the crisis of racial 1ro?ling in !merica0



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and nu%se &%a#titione%s3 and to eiinate %eaining bu%densoe&%o#edu%a %eGui%eents;

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at#ing &%og%as;

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gende% #ange on bi%t #e%ti-#ates based on #e%ti-#ation )%o a

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eiinate #oe#tion o) gende% data in #ases $e%e it does not se%vea #ea% &%og%aati# &u%&ose;

8e a #anDt a##ount )o% te ongoing vioen#e done to g%ou&s outside o)

te #ensus/te #& soves )o% g%eate% &o(#utu%a eo%ts;Nationa Cente% )o% 8%ansgende% EGuait(3 15A (the nations leaing social Gustice avocacy

organi=ation winning lifeAsaving change for transgener 1eo1le07 T! Blue1rint for E>uality+ .ocuments anPrivacy (345L7 )ranse>uality0org, 345L htt1+22transe>uality0org2issues2resources2aA;lue1rintAforAe>ualityAiA

ocumentsAanA1rivacyA345L 22roneofar*

In toays worl, ienti?cation ocuments are neee to travel, o1en ;an* accounts, start new Go;s, 1urchase

alcohol, an even to 1urchase some col meicines0 Recent voter su11ression e"orts ;y somestate legislatures have mae voting an activity in which trans 1eo1le withoutaccurate I. may face unfair iHculties0 &istorically, state an feeral governmentshave im1ose intrusive an ;urensome re>uirementsYsuch as 1roof of surgery an court

orersYthat have mae it im1ossi;le for many trans 1eo1le to o;tain accurate anconsistent I.0 For many 1eo1le, ?nancial ;arriers, meical contrainications or sim1ly a lac* of meical nee

for surgeries ma*e these re>uirements im1ossi;le to satisfy0 !s a result, out of those :ational )ransgener .iscrimination Survey res1onents who ha transitione, only oneA?fth(35O7 ha ;een a;le to u1ate all of their I.s an recors with their new gener0

<neAthir (//O7 ha not u1ate any I.s or recors0 !t the time of the survey, only LO ha;een a;le to u1ate their gener on their rivers license or state I. MO hau1ate their Social Security Recor 3NO their 1ass1ort an Gust 3MO their ;irthcerti?cate05 )he survey results also con?rme what most trans 1eo1le alreay *newYthat generAincongruent ienti?cation e-1oses 1eo1le to a range of negative outcomes, fromenial of em1loyment, housing, an 1u;lic ;ene?ts to harassment an 1hysicalviolence03 Because of the wor* one ;y :C)E an activists aroun the country, this tren is now reversing

>uic*ly0 !;out half of states no longer im1ose such ;urensome re>uirements for rivers licenses an state I.s an



growing num;ers are streamlining 1roceures0 :C)E has wor*e with the !merican !ssociation of otor Wehicles

!gencies to eucate state agencies a;out current ;est 1ractices0 Since 3454, onerous re>uirementsfor gener change on feeral ocuments an recors such as 1ass1orts an greencars have also ;een eliminate0 StateAlevel e"orts have won im1rovements in ;irth

certi?cate laws an 1olicies in California, <regon, :ew Vor*, Connecticut, arylan, Wermont, 9ashington State an

the .istrict of Colum;ia0 )hese evelo1ments re1resent a growing recognition that oler,

more restrictive 1olicies have serve little, if any, 1ur1ose, an that reasona;le1olicies ena;ling everyone to o;tain accurate an consistent I. ;est serve ;othgovernment agencies an iniviuals0 )here is still more to o , however0 9hile eliminating

the most raconian re>uirements for I. change, many e-isting feeral an state 1olicies are stillunuly ;urensome in re>uiring meical certi?cations from 1hysicians, rather thanacce1ting certi?cations from thera1ists or other nonA1hysician health 1roviers, orsim1ly from the iniviuals themselves0 In aition to I. ocuments, other governmentrecors an 1rograms unintentionally cause the isclosure of information a;out a1ersons transgener status without their consent0 Chief among these are com1uter matching

1rograms use ;y the Social Security !ministration (SS!7 for ientity veri?cation, which have oute iniviualswhen gener ata is inconsistent ;etween recors0 In res1onse to :C)Es e"orts, SS! announce in 3455 that itwoul halt gener matching in its Social Security :um;er Weri?cation System, the largest matching service use ;y

1rivate em1loyers0 )his change alone has 1revente wor*1lace 1ro;lems for many trans1eo1le0 &owever, automate gener matching has not yet ;een eliminate in otherSS! 1rograms use to share ata with state 1rograms an other entities 0 %overnment

shoul not neelessly com1el the isclosure of a 1ersons meical history or transgener status0 )he feeralgovernment has ta*en im1ortant ste1s to en these 1ro;lems an shoul act1rom1tly to moerni=e an harmoni=e 1olicies across agencies0 ltimately, listinggener on rivers licenses, state I. cars an many other ocuments is sim1lyunnecessary an shoul ;e eliminate0



>>?t4 soven#(8e CP soves

Nationa Cente% )o% 8%ansgende% EGuait(3 11A (the nations leaing social Gustice avocacy

organi=ation winning lifeAsaving change for transgener 1eo1le07 TPolicy Brief+ Birth Certi?cate %ener ar*ers )ranse>uality0org, 3455 htt1+22transe>uality0org2issues2resources2aA;lue1rintAforAe>ualityAiAocumentsAanA

1rivacyA345L 22roneofar*! ;irth certi?cate is an im1ortant ocument use to 1rove ones ientity an citi=enshi10 For those who can a"or

one, a 1ass1ort can serve the same 1ur1oses0 &owever, the a;ility to change ones se-esignation on ;irth certi?cates remains an im1ortant issue for many transgener1eo1le0 !s lawyers at Jam;a Jegal 1oint out, states have varying 1roceures for u1atingthese ocuments, an a few actually 1rohi;it changing the gener mar*er on ;irthcerti?cates0 any states moel their 1olicies for amening ;irth certi?cates on theoel Wital Statistics !ct an Regulations (or oel Jaw70 Currently ;eing revise, the oel Jaw is

evelo1e ;y consultation ;etween the state an feeral governments an was last u1ate in 530 )he oelJaw is intene to ;e a guie for states, so that states can moel their own vital statistics laws an regulations after

its suggestions0 9hats wrong with these lawsZ )he 53 oel Jaw says that a 1erson wantingto change their se- on their ;irth certi?cate shoul 1resent a court orer certifying

that their se- Thas ;een change ;y surgical 1roceure0 )here are three 1ro;lemswith this a11roach, which many states still use0 First, the re>uirement of a court orercan create a ;arrier to those transgener 1eo1le who ont have enough money tohire a lawyer or who ont have enough *nowlege to navigate the legal system ontheir own0 !lso, some courts are hesitant to issue orers amening ;irth certi?cates that were issue ;y another

state, creating 1ro;lems for transgener 1eo1le who want to change their ;irth certi?cate after they move awayfrom the state where they were ;orn0 Secon, the oel Jaws re>uirement of Ta surgical 1roceure in every caseis at os with the meical community0 )he 9orl Professional !ssociation for )ransgener &ealth (9P!)&7recogni=es that i"erent 1atients will have i"erent meical nees0 Surgical treatments may ;e necessary ana11ro1riate for some transgener iniviuals, ;ut not for others0 )he oel Jaw ignores the i"ering nees of

transgener communities0 )hir, the oel Jaw oes not say what the new ;irth certi?cateshoul loo* li*e after the 1ro1er ocumentation is su;mitte0 Ieally, the state

woul create a new ;irth certi?cate that reects the amene gener, an somestates o this0 &owever, other states sim1ly change the e-isting ;irth certi?cate,issuing one that shows the 1revious gener, while others esignate on the new ;irthcerti?cate that the gener has ;een change0 )hese a11roaches out transgener1eo1le whenever ;irth certi?cates are use to verify their ientity0 :C)Es Pro1osal+ !n

u1ate version of the oel Jaw is currently ;eing evelo1e ;y a grou1 of state oHcials coorinate ;y the:ational Center for &ealth Statistics (a 1art of the C.C70 :C)E an allies have ;een avocating with :C&S to

change this outate an restrictive 1olicy a;out amening ;irth certi?cate se- esignation0 S1eci?cally,:C)E has suggeste that :C&S ma*e three changes in its revisions of the oelJaw ;ase on a11roaches evelo1e ;y some states an feeral agencies0 )herevise oel Jaw shoul allow 1eo1le to change the se- esignation on their ;irthcerti?cate ;y su;mitting the re>uire ocumentation irectly to the vital statistics

agency, rather than re>uiring a court 1roceeing0 )his will eliminate the unnecessary costs an

other o;stacles sometimes associate with going through the state court systems0 )he revise oel Jaw shoulnot re>uire 1roof of s1eci?c meical 1roceures in orer to amen ;irth certi?cates0 Instea, the oel Jaw shoulreect contem1orary stanars of care, an re>uire only that an iniviuals 1hysician certify that the iniviual hascom1lete the treatment the 1hysician eems necessary to achieve gener transition0 )his change woul recogni=ethat i"erent 1eo1le have i"erent meical nees, an avoi isclosure of any con?ential meical information0 )he revise oel Jaw shoul ma*e clear that a new ;irth certi?cate shoul ;e issue after an iniviual 1resentsthe 1ro1er ocumentation, rather than a ;irth certi?cate that shows the original gener esignation or states that

the gener has ;een change0 )hese recommenations reect a growing tren in state anfeeral 1olicies0 )he .e1artment of State moerni=e its 1olicy on 1ass1orts in 344, an the 1olicy for



TConsular Re1orts of Birth !;roa, which are feeral ;irth certi?cates for 0S0 citi=ens ;orn outsie of the 0S0, alsono longer re>uires 1roof of surgery0 Recent legislation in Wermont ao1te the same a11roach for that states ;irthcerti?cates, an a similar ;ill is ;eing consiere in California0 :C)E will continue to avocate for these changes in

the new oel Jaw, an su11ort the wor* of activists at the state level0 Ensuring that transgener1eo1le are a;le to change their ientity ocuments to reect their gener ientity isa maGor 1riority for :C)E0



uan Rigts NB>Can be used )o% an( gende% #&

8e net bene-t is uan %igts/not s&e#i)(ing gende% ao$s t%ans &eo&e

te basi# uan %igts o) %e#ognition tat #isgende% &eo&e a%enDt sube#t

to;C%a( and a%%ison3 12> (!nrew Cray is a Research !ssociate for J%B) Progress at the Center for

!merican Progress0 $ac* &arrison is anager of the Policy Institute at the :ational %ay an Jes;ian )as* Force07 TI.!ccurately Reecting <nes %ener Ientity Is a &uman Right Center for !merican Progress, .ecem;er 5, 3453htt1s+22www0american1rogress0org2issues2lg;t2re1ort23453253252M/ND2iAaccuratelyAreectingAonesAgenerAientityAisAaAhumanAright2 22roneofar*

)his 1ast wee* our nation Goine others aroun the glo;e in cele;rating International &uman Rights .ay, whichmar*e the NMth anniversary of the 0:0 .eclaration of &uman Rights, signe on .ecem;er 54, 5M0 )hisocument eclares that Tinherent ignity an Te>ual an inaliena;le rights are the founation for a Gust, 1eaceful,

an free worl0 .ecaes later these 1rinci1les continue to guie human rights 1oliciesesta;lishe aroun the worl, acting as a founation for the evolving glo;alunerstaning of what it means to ac*nowlege the e>uality of all 1eo1le0

)ransgener 1eo1le, however, continue struggling to attain this innate right toigni?e treatment an e>uality0 !s the Council of Euro1es Commissioner for &uman Rights has state,

TIt is clear that many transgener 1ersons o not fully enGoy their funamentalrights ;oth at the level of legal guarantees an that of everyay life0 <ne way inwhich transgener 1eo1le have struggle is in accessing ientity ocuments that1rovie legal recognition of their gener ientities0 )he failure of governments toac*nowlege the gener ientities of all 1eo1le re1resents a reGection of thefunamental rights of selfAetermination, ignity, an freeom0 oving forwar as a glo;al

community, it is essential that all 1eo1leYtransgener or notY;e given access to oHcialocuments that accurately reect each iniviuals gener ientity an that res1ectthe rights ;elonging to each of us as humans0 )he aily im1ortance of ientity ocuments &aving

access to ientity ocuments is im1ortant ;ecause of the very reason they are ta*en for grante+ )hey are an

integral 1art of aily life in most cultures0 Ientity ocuments are neee for manyactivities of aily lifeYwor*ing, voting, traveling, accessing government institutions, an 1roving that one is

who one claims to ;e0 Vet for many transgener 1eo1le, accessing this ;asic 1roof ofientity is out of reach, 1ushing them further into the margins of society 0 &istorically,

many o;stacles have ;een 1lace in the way of o;taining accurate I.0 For many

transgener 1eo1le, these ?nancial, meical, an legal ;arriers are im1ossi;le re>uirements to satisfy0 !ing anaitional layer of com1le-ity to this lansca1e is the wie variety of ientity re>uirements that citi=ens are

re>uire to have in many countries0 In the nite States alone, for e-am1le, most 1eo1lenee consistent access to accurate ;irth certi?cates, rivers licenses, 1ass1orts,an social security cars0 )he re>uirements for these ocuments are set ;y i"erentlevels of governmentY;oth feeral an stateYoften re>uire i"erent stanars for

amening the information they reect, an utili=e i"erent aministrative 1rocessesfor amenment0 )he two most common forms of ientity ocuments use ;y 1eo1le across the glo;e,

however, are ;irth certi?cates an 1ass1orts0 )here is currently no international stanar for verifying or ameningthe information containe on ;irth certi?cates0 oreover, the stanars that are in 1lace are set ;y each nation or;y su;AGurisictions within that nation0 Similarly, stanars for 1ass1ort ocumentation are set at the national level0Pass1orts, however, are su;Gect to a founational set of international stanars esta;lishe ;y the InternationalCivil !viation <rgani=ation0 )he stanars set ;y this organi=ation ictate that 1ass1orts must inclue an iniviualtravelers name, ate of ;irth, nationality, an se-0 In the Tse- ?el, the stanars ictate that 1ermissi;le o1tionsare T for male, TF for female, or TX for uns1eci?e gener0 Countries, therefore, are given signi?cant leeway to

esta;lish 1olicies that aHrm the ientities of transgener an gener nonconforming citi=ens, an this e-i;ility

https://www.americanprogress.org/issues/lgbt/report/2012/12/18/48367/id-accurately-reflecting-ones-gender-identity-is-a-human-right/







shoul ;e e-ercise in a way that 1rotects the human rights of the iverse 1eo1le ineach nation0 )ransgener 1eo1le face signi?cant conse>uences from 1olicies1reventing access to accurate ienti?cation 9hen a government agency is unwilling to issue

ienti?cation that reects a 1ersons ientity, they are ma*ing a value Gugment on the legitimacy of that ientity

an, as an e-tension, on an iniviuals right to citi=enshi10 Vet ;eing force to live, move, ancontri;ute in society without accurate, u1ate ienti?cation have im1acts fortransgener 1eo1le that go far ;eyon an aministrative lac* of access0 Presentinginaccurate ienti?cation all too often ;ecomes a trigger for various forms of a;usean iscrimination0 )ransgener 1eo1le who may otherwise move through the worl unetecte ;y those

who woul iscriminate against them are often Toute ;y an ol gener mar*er, an ol name, or an ol1hotogra1h0 )he results of the :ational )ransgener .iscrimination Survey, conucte ;y the :ational Center for )ransgener E>uality an the :ational %ay an Jes;ian )as* Force, reveal how common these outcomes are in thenite States0 Forty 1ercent of res1onents who re1orte 1resenting I. that i not match their gener ientitye-1erience harassmentY/ 1ercent were 1hysically assaulte an 5L 1ercent were as*e to leave the 1remises

where the I. ha ;een 1resente0 Furthermore, those res1onents who were una;le tou1ate their rivers licenses re1orte much higher rates of iscrimination in hiringan housing0 Even when antitransgener ;ias is not s1eci?cally at 1lay, a 1erceivemismatch ;etween an iniviual an the information on a 1resente I. can trigger

heightene scrutiny an create ;arriers to accessing services an s1aces0 )his has;een the case for many transgener voters in the nite States0 Jeaing u1 to the 3453 1resiential election, $oy&erman, Peter $0 Coo1er 1u;lic 1olicy fellow at the 9illiams Institute at the niversity of Jos !ngeles School of Jaw,estimate that as many as 3L,444 transgener voters in states with strict 1hoto I. voter re>uirements coul ;eisenfranchise, not Gust ;ecause of antitransgener ;ias ;ut also ;ecause they sim1ly may not have a11eare to

;e the 1erson on their I.0 )ransgener 1eo1le are fre>uently su;Gecte to e-cessivere>uirements to access accurate ientity ocuments any countries im1oserestrictive stanars that re>uire iniviuals see*ing recognition of their gener tounergo unnecessary or unwante meical 1roceures0 In other countries, transgener 1eo1le

may ;e ;arre in some situations from changing their ientity ocuments to accurately reect their gener0 !nsome 1laces, incluing some Gurisictions in the nite States, ;ar transgener 1eo1le from changing their legallyrecogni=e gener uner any circumstances0 )hese are the harsh realities felt ;y transgener 1eo1le throughoutmany 1arts of the worl0

8e #& soves te net bene-tC%a( and a%%ison3 12> (!nrew Cray is a Research !ssociate for J%B) Progress at the Center for

!merican Progress0 $ac* &arrison is anager of the Policy Institute at the :ational %ay an Jes;ian )as* Force07 TI.!ccurately Reecting <nes %ener Ientity Is a &uman Right Center for !merican Progress, .ecem;er 5, 3453htt1s+22www0american1rogress0org2issues2lg;t2re1ort23453253252M/ND2iAaccuratelyAreectingAonesAgenerAientityAisAaAhumanAright2 22roneofar*

nite States+ Placing ;arriers to ;irth certi?cate changes, incluing outright 1rohi;ition0S0 states are 1ermitte to set their own 1olicies for the amenment of ;irthcerti?cates, which creates a ivie system of 1olicies ;etween state an feeralienti?cation ocuments0 Even more confusing is the wie variation in state stanars0 First, somestates issue entirely new ;irth certi?cates u1on amenment, whereas others o"er

amene ;irth certi?cates, which ma*e it a11arent that an iniviuals gener has;een change, triggering 1rivacy an safety concerns for many transgener 1eo1le0!mong those states o"ering some o1tion for changing the gener mar*er inicate on a ;irth certi?cate ,stanars can range from having no re>uirement for s1eci?c meical treatments tore>uirements relating to genital surgery0 )he result is a system where a 1ersonwoul ;e eligi;le to have their ;irth certi?cate amene in one state ;ut eemeineligi;le to o so if they ha ;orn in a neigh;oring state0 )hese ar;itrary variations ;etween

state stanars, however, are not the most isconcerting as1ect of ;irth certi?cate 1olicies in the nite States0

ost egregious are the states that refuse to issue amene ;irth certi?cates








altogether0 )hough several states in 1ractice refuse to allow transgener 1eo1le access to ;irth certi?cates that

accurately reect their gener ientity, )ennessee is the only state that has a statute s1eci?cally 1rohi;iting the

amenment of ;irth certi?cates for transgener 1eo1le0 But regarless of how these 1olicies have;een ao1te, the intent an the e"ect are the same+ )ransgener 1eo1le ares1eci?cally an intentionally isolate from the 1rocesses availa;le to others too;tain accurate ientity ocumentation0 )han*fully, however, many Gurisictions inmany countries have move ;eyon iscriminatory 1olicies targeting transgener1eo1le to o"er more e>uita;le access to I.s that corres1on with an iniviualsgener ientity0



**Abois Ra#e on Bi%t Ce%ti-#ates CP

8e?t> 8e United 9tates )ede%a gove%nent soud abois te %a#e

&o%tion o) United 9tates bi%t #e%ti-#ates;

8e #& soves )o% state #ont%o and dis#%iination

e%t:e% and A%e3 02> (.avi Ker=er is the Paul .u1ee niversity Professor of Social Science an

Professor !nthro1oligy an Italian Stuies at Brown niversityY.omini>ue !rel is !ssistant Professor at the 9atsonInstitute for International Stuies at Brown niversity07 TPolitics of Race, Ethnicity, an Janguage in :ationalCensus 10 /AM, Cam;rige niversity Press, 3445, 1rint,22roneofar*

)he emergence of nationalism as a new narrative of 1olitical legitimacy re>uire theienti?cation of the sovereign Tnation along either legal or cultural criteria, or acom;ination of ;oth0 )he rise of colonialism , ;ase on the enial that the coloni=e ha 1olitical

rights, re>uire a clear emarcation ;etween the settlers an the inigenes 0 )he

T<thers ha to ;e collectively ienti?e 0 In the nite States, the refusal to enfranchise Blac*s an

native !mericans le to the evelo1ment of racial categories0 )he categori=ation of ientities ;ecame1art an 1arcel of the legitimating narratives of the national, colonial, an T:ew9orl state0 States thus ;ecame intereste in re1resenting their 1o1ulation, at the

aggregate level, along ientity criteria0 )he census, in this res1ect, emerge as the most visi;le, an

argua;ly the most 1olitically im1ortant, means ;y which states statistically e1ict collective ientities0 It is ;yno means the sole categori=ing tool at the states is1osal, however0 Birth certi?catesare often use ;y states to com1ile statistics on the ;asis of ientity categories0

)hese inclue ethnic nationality (a wies1rea 1ractice in Eastern Euro1e7 mother tongue, as in Finlan anue;ec (Cour;age 5+ M7 an race, in the nite States (Sni11 5+ //70 igration ocuments have also, in

some cases, recore cultural ientities0 )he Soviet nion, for instance, generate statistics onmigration across Soviet re1u;lics accoring to ethnicity0 )he S Immigration Service, from

5 to 534, classi?e newly arrive immigrants at Ellis Islan accoring to a list of fortyAeight Traces or 1eo1les,

generally etermine ;y language rather than 1hysical traits (Brown 5N70 Parallel to the nee forstatistical re1resentation was the nee for control0 In orer to esta;lish a Tmono1olyof the legitimate means of movement ()or1ey 3444+ 57, states im1ose the use of1ersonal ientity ocuments to istinguish the citi=en from the foreigner (:oiriel 5N7an, in some cases, attem1te to control the internal migration of their 1o1ulationthrough resiency 1ermits an internal 1ass1orts (atthews 5/70 In a num;er of cases, such

ienti?cation ocuments containe an ientity category ;eyon the civic or legal status of the iniviual+ fore-am1le, the Soviet nion, where citi=ens ha their Tnationality (in the ethnic sense7 inicate on their internal1ass1orts (aslavs*y an Juryi 5D7 Rwana, with &utu or )utsi ethnicity (actually calle Trace7 a11earing inientity cars (vin, this volume7 %reece, )ur*ey, an Israel, with religion recore in ientity cars (Cour;age5D+ 55M %olscheier, this volume7 5 an a1arthei South !frica, with racial categories inscri;e on

ienti?cation 1a1ers (Petersen 5D+ D70 )he categori=ation of ientities, along culturally

constructe criteria, on iniviual ocuments can serve nefarious or wellAmeaning1ur1oses0 In the nite States, a racial category in ;irth certi?cates was long useto iscriminate against Blac*s an Inians0 Following the rigi 1rinci1le of the ToneAro1 rule,

accoring to which a single Blac* ancestor, however remote, mae one Blac*, ;irth certi?cates were often use in

Southern states to ;ar iniviuals of raciallyAmi-e ancestry from marrying 9hites (.avis 55+ 5LD70 )he riseof aHrmative action, ;ase on the notion that achieving true e>uality re>uires1ecial consieration to ;e given to historically isavantage minorities in accessto Go;s an eucation, im1lie the ;ureaucratic categori=ation of Tminorities0 !s a



conse>uence, 1articularly in the case of Blac*s an Inians, it has meant continuing commitmentto the etermination of race accoring to To;Gective ancestry, as o11ose to sim1leselfAe?nition0 )hus, the Inian &ealth Service of the Bureau of Inian !"airs continuse to hol that eligi;le

1atients must have a minimum of oneAfourth T;loo >uantum, which in 1ractice entails that they must 1rove thatat least one of their gran1arents a11eare on tri;al enrollments (tri;al rolls7 of recogni=e tri;es (Sni11 5+ /M70! similar 1olicy was em1loye ;y :a=i %ermany to ientify ;oth $ews an %ermans0 In s1ite of the shrill 1ro1aganaon the 1hysical alienness of $ews, the criterion actually chosen to se1arate the $ews eventually targete for

estruction was a mi-ture of religion an escent, an not anthro1ometric measurement0 )hose with at leastthree $ewish gran1arents were categori=e as $ews0 !ncestry, in turn, wasetermine ;y ;irth certi?cates issue ;y religious institutions (&il;erg 5L70 !t the outset

of 9orl 9ar II, when the :a=i government sought to transfer %ermans1ea*ing 1o1ulations from the East (Baltics,*raine, Romania7 to newly anne-e territories from Polan, the >uestion of e?ning %erman ientity arose0 In thiscase, religion was not eeme eterminative an ethnicity i not a11ear on ;irth certi?cates0 In Estonia, where ali;eral minority law in 53L ha esta;lishe oHcially recogni=e ethnic associations, claimants ha to show acerti?cate, elivere either ;y their %erman association or ;y the Estonian inistry of the Interior, attesting to their%erman ancestry (Institut national e la statisti>ue 5MN+ 470 3 Interestingly, since 1ostAwar %ermany has ao1tea *in of Jaw of Return, granting automatic citi=enshi1 to ethnic %ermans from a;roa, the issue of legallyocumenting ones ethnic %erman aHliation remains germane toay0 !fter a11arently relying on the selfAeclaration of a11licants uring the Col 9ar, the %erman state evise a com1le- >uestionnaire in the early 54sto etermine who can ;e eeme T%erman (Bru;a*er 5N70



**Abois ende% on Bi%t Ce%ti-#ate CP

8e?t> 8e United 9tates )ede%a gove%nent soud abois te %a#e

&o%tion o) United 9tates bi%t #e%ti-#ates;

8e #& soves )o% state #ont%o and dis#%iination

e%t:e% and A%e3 02> (.avi Ker=er is the Paul .u1ee niversity Professor of Social Science an

Professor !nthro1oligy an Italian Stuies at Brown niversityY.omini>ue !rel is !ssistant Professor at the 9atsonInstitute for International Stuies at Brown niversity07 TPolitics of Race, Ethnicity, an Janguage in :ationalCensus 10 /AM, Cam;rige niversity Press, 3445, 1rint,22roneofar*

)he emergence of nationalism as a new narrative of 1olitical legitimacy re>uire theienti?cation of the sovereign Tnation along either legal or cultural criteria, or acom;ination of ;oth0 )he rise of colonialism , ;ase on the enial that the coloni=e ha 1olitical

rights, re>uire a clear emarcation ;etween the settlers an the inigenes 0 )he

T<thers ha to ;e collectively ienti?e 0 In the nite States, the refusal to enfranchise Blac*s an

native !mericans le to the evelo1ment of racial categories0 )he categori=ation of ientities ;ecame1art an 1arcel of the legitimating narratives of the national, colonial, an T:ew9orl state0 States thus ;ecame intereste in re1resenting their 1o1ulation, at the

aggregate level, along ientity criteria0 )he census, in this res1ect, emerge as the most visi;le, an

argua;ly the most 1olitically im1ortant, means ;y which states statistically e1ict collective ientities0 It is ;yno means the sole categori=ing tool at the states is1osal, however0 Birth certi?catesare often use ;y states to com1ile statistics on the ;asis of ientity categories0

)hese inclue ethnic nationality (a wies1rea 1ractice in Eastern Euro1e7 mother tongue, as in Finlan anue;ec (Cour;age 5+ M7 an race, in the nite States (Sni11 5+ //70 igration ocuments have also, in

some cases, recore cultural ientities0 )he Soviet nion, for instance, generate statistics onmigration across Soviet re1u;lics accoring to ethnicity0 )he S Immigration Service, from

5 to 534, classi?e newly arrive immigrants at Ellis Islan accoring to a list of fortyAeight Traces or 1eo1les,

generally etermine ;y language rather than 1hysical traits (Brown 5N70 Parallel to the nee forstatistical re1resentation was the nee for control0 In orer to esta;lish a Tmono1olyof the legitimate means of movement ()or1ey 3444+ 57, states im1ose the use of1ersonal ientity ocuments to istinguish the citi=en from the foreigner (:oiriel 5N7an, in some cases, attem1te to control the internal migration of their 1o1ulationthrough resiency 1ermits an internal 1ass1orts (atthews 5/70 In a num;er of cases, such

ienti?cation ocuments containe an ientity category ;eyon the civic or legal status of the iniviual+ fore-am1le, the Soviet nion, where citi=ens ha their Tnationality (in the ethnic sense7 inicate on their internal1ass1orts (aslavs*y an Juryi 5D7 Rwana, with &utu or )utsi ethnicity (actually calle Trace7 a11earing inientity cars (vin, this volume7 %reece, )ur*ey, an Israel, with religion recore in ientity cars (Cour;age5D+ 55M %olscheier, this volume7 5 an a1arthei South !frica, with racial categories inscri;e on

ienti?cation 1a1ers (Petersen 5D+ D70 )he categori=ation of ientities, along culturally

constructe criteria, on iniviual ocuments can serve nefarious or wellAmeaning1ur1oses0 In the nite States, a racial category in ;irth certi?cates was long useto iscriminate against Blac*s an Inians0 Following the rigi 1rinci1le of the ToneAro1 rule,

accoring to which a single Blac* ancestor, however remote, mae one Blac*, ;irth certi?cates were often use in

Southern states to ;ar iniviuals of raciallyAmi-e ancestry from marrying 9hites (.avis 55+ 5LD70 )he riseof aHrmative action, ;ase on the notion that achieving true e>uality re>uires1ecial consieration to ;e given to historically isavantage minorities in accessto Go;s an eucation, im1lie the ;ureaucratic categori=ation of Tminorities0 !s a



conse>uence, 1articularly in the case of Blac*s an Inians, it has meant continuing commitmentto the etermination of race accoring to To;Gective ancestry, as o11ose to sim1leselfAe?nition0 )hus, the Inian &ealth Service of the Bureau of Inian !"airs continuse to hol that eligi;le

1atients must have a minimum of oneAfourth T;loo >uantum, which in 1ractice entails that they must 1rove thatat least one of their gran1arents a11eare on tri;al enrollments (tri;al rolls7 of recogni=e tri;es (Sni11 5+ /M70! similar 1olicy was em1loye ;y :a=i %ermany to ientify ;oth $ews an %ermans0 In s1ite of the shrill 1ro1aganaon the 1hysical alienness of $ews, the criterion actually chosen to se1arate the $ews eventually targete for

estruction was a mi-ture of religion an escent, an not anthro1ometric measurement0 )hose with at leastthree $ewish gran1arents were categori=e as $ews0 !ncestry, in turn, wasetermine ;y ;irth certi?cates issue ;y religious institutions (&il;erg 5L70 !t the outset

of 9orl 9ar II, when the :a=i government sought to transfer %ermans1ea*ing 1o1ulations from the East (Baltics,*raine, Romania7 to newly anne-e territories from Polan, the >uestion of e?ning %erman ientity arose0 In thiscase, religion was not eeme eterminative an ethnicity i not a11ear on ;irth certi?cates0 In Estonia, where ali;eral minority law in 53L ha esta;lishe oHcially recogni=e ethnic associations, claimants ha to show acerti?cate, elivere either ;y their %erman association or ;y the Estonian inistry of the Interior, attesting to their%erman ancestry (Institut national e la statisti>ue 5MN+ 470 3 Interestingly, since 1ostAwar %ermany has ao1tea *in of Jaw of Return, granting automatic citi=enshi1 to ethnic %ermans from a;roa, the issue of legallyocumenting ones ethnic %erman aHliation remains germane toay0 !fter a11arently relying on the selfAeclaration of a11licants uring the Col 9ar, the %erman state evise a com1le- >uestionnaire in the early 54sto etermine who can ;e eeme T%erman (Bru;a*er 5N70



>>?t4 9oven#(

8e a #anDt ta.e into a##ount te dis#ou%se o) t%ans &eo&e ee#ted b(

ee#tive #ont%o o) te state/te CP soves tis9&ade3 0O> (.ean S1ae is S1ae is assistant 1rofessor at the Seattle niversity School of Jaw, teaching

aministrative law, 1overty law, an law an social movements7 T.ocumenting %ener 10 4NA, &astings Jaw $ournal, Wol0 L+D/5, arch 344, htt1+22ssrn0com2a;stract]534443 22roneofar*

<verall, a etaile e-amination of the gener classi?cation rules of the niteStates e-1oses the internal contraictions an assum1tions that are for the most1art ignore or unrecogni=e in the numerous aministrative conte-ts where theserules o1erate ayAtoAay0 )his !rticle ma*es the initial intervention of e-1osing the unerAiscusse 1olicy

matri- that messily an incoherently e?nes gener categories in the nite States0 )he analytical insight 1rovie;y e-amining that rule matri- creates an o11ortunity to criti>ue its 1ro;lems an conse>uences an >uestion theassum1tion that gener has more ;ene?ts than costs as a category of classi?cation in aministrative governance0Further, it allows us to see at wor* the 1rouction of insecurity an vulnera;ility for certain 1o1ulations in thecreation of systems of classi?cation that aminister careta*ing 1rograms0 Because the aministration of 1o1ulationcareta*ing interventions aime at creating a healthy 1o1ulation an national security mo;ili=es an relies u1onieas of the characteristics of that 1o1ulation, su;se>uently naturali=ing those characteristics such that theya11ear as Tcommon sense truths rather than 1olitical choices, the 1rouction of unhealth an insecurity for some

su;1o1ulations is o;scure0 !ntiiscrimination iscourses that rely on the 1er1etrator1ers1ective iniviuali=e i"erence li*e transgener ientity to the victim aniniviuali=e inviious intentions to the 1er1etrator, ma*ing invisi;le the systemicconitions 1roucing ientity categories from multi1le locations0 Finally, recogni=ingthe high sta*es of aministrative governanceY ientifying it as a *ey location oflegal 1rouction of e>uality2ine>uality an istri;ution of chances at security aninsecurity, health an sic*ness, life an eathYalso ena;les us to unerstan thesigni?cance of the aministrative nature of the 9ar on )error as more than a set ofconcerns over the accuracy of recors an the 1rivacy of iniviuals 0 Instea, it might;e an o11ortunity to unerstan the *ey role of aministrative governance in formsof omination that have often ;een conce1tuali=e through iniviual

iscrimination0 Further, it o"ers a chance to reAimagine 1olitical res1onses tosurveillance an to >uestion whether careta*ing functions of the state, such as thereistri;ution of wealth through ta-es an 1u;lic ;ene?ts, national security, iseasecontrol, an even the remeiation of long histories of o11ression an e-1loitation,re>uire the *ins of ata collection that are increasing at a ra1i 1ace in the niteStates, or whether they coul ;e ;etter accom1lishe through other means0

9&is ove% to b%oade% #%iti#is o) state #atego%i:ation9&ade3 0O> (.ean S1ae is S1ae is assistant 1rofessor at the Seattle niversity School of Jaw, teaching

aministrative law, 1overty law, an law an social movements7 T.ocumenting %ener 10 4NA, &astings Jaw $ournal, Wol0 L+D/5, arch 344, htt1+22ssrn0com2a;stract]534443 22roneofar*

Conclusion !s the wor* of Bow*er an Star shows us, classi?cation systems o1erate on the ;asis of norms that

often a11ear nonAcontroversial to most 1eo1le ;ut have signi?cant ethical conse>uences0 )he o1eration ofaministrative governance in the nite States, s1eci?cally the Tcareta*ing1rograms that intervene with the aim of health, safety an wellA;eing for the1o1ulation, re>uire ata collection that forms a ;asis of ientity surveillance0 )his

ientity ata, gathere ;y is1arate agencies for varying 1ur1oses, is ;eing mo;ili=e in new ways ;y 9ar on )error

innovations aime at increasing immigration enforcement0 )he categories of classi?cation use inthis ata collection are so u;i>uitous in culture an law that rulema*ers, Guges,

http://ssrn.com/abstract=1200902






scholars, an avocates often fail to >uestion their use an fre>uently 1resumetheir coherence an sta;ility0 <nly those whose lives are su;Gect to the conicts;etween these rules an to the social an economic e-clusion that results from not;eing legi;le in a u;i>uitous classi?cation system ten to ;e aware of the issues0Joo*ing at the role of aministrative governance in the moern state, the history of 1o1ulationAlevel intervention,an the creation of su;A1o1ulations that necessarily results from classi?cation 1rocesses central to stanari=ation

1rovies s1ace to as* *ey >uestions0 Even as we watch the ongoing 1rocess of 1rivati=ationan eregulation in many realms avocate as reucing government intervention,we can see that a moment of steay e-1ansion of state 1owers, often uner the Tlaw an

orer or TantiAterrorism ru;ric, is at han0/ In this moment, it is useful to ;roaly an criticallye-amine aministrative governance as a 1rouctive 1rocess where the conitions of e-istence of iniviuals an grou1s are etermine ;y funamental assum1tionsan norms of the aministrative state0 It is im1erative to neither uncriticallyem;race state careta*ing 1roGects as re>uiring growing levels of surveillance for1ur1oses of security an health, nor to turn to iniviual 1rivacy rhetoricwholeheartely an valori=e an en to government ata collection0 Recent 1olitical

e;ates show that the 1roAsurveillance or antisurveillance 1osition can ;e mo;ili=e

on either sie of e>uality struggles articulate ;y marginali=e grou1s0 In some instanceswe see a 1ush for Tcolor;lin governance o11ose ;y grou1s intereste in remeying racial ine>uality0/ In

others we see the T1rivacy argument articulate to sto1 raceA;ase ata collectionan aggregation motivate ;y concerning theories of racial i"erence 0/4 In some

instances we see avocates see*ing reuce ata collection a;out &IW status ;ecause of surveillance concerns0/5In others, avocates 1ush for increase ata collection see*ing the istri;ution of resources to communities

severely im1acte ;y &IW0/3 In these e-am1les an many others, we can see T1rivacy argumentsan the eman for ata articulate on ;oth sies of a 1olitical ivie a;outomination0// )his ilemma 1oints to a nee to evelo1 analysis a;out theintertwine surveillance an careta*ing roles of the state that can account for ourfre>uently conicting ;eliefs a;out ata collection0 Can we imagine a state thatmeets emans for careta*ing without surveillance, for e-am1le ;y 1roviing 1u;lic ;ene?ts

without a recor*ee1ing system to etermine who has receive a istri;ution of ;ene?tsZ Can we imagine 1u;lichealth 1rograms that collect health ata without any lin* to iniviual ientitiesZ 9oul this resolvesurveillance issues or coul regional surveillance or other mar*ers on ata e-1osethe same concernsZ &ow might entire notions of 1ro1erty, criminality, iniviuality an collectivity have to

;e restructure in orer to conce1tuali=e a reuce reliance on ata collection an ientity veri?cationZ

E-1loring these >uestions may ;e initial ste1s in analy=ing the com1le- role of atacollection in state formation an assessing the 1olitical 1ossi;ilities at han forrethin*ing current ata collection an stanari=ation 1ractices0 Reaching out tothese more istant visions of relations ;etween careta*ing an surveillance ma*es1ossi;le new unerstanings of the 1olitics of current controversies a;out atacollection an classi?cation, an may enhance the 1otential to envision strategica11roaches to change0



at4 Pe%utationPe% #anDt sove/te #ensus data #oe#ted is a#tua( used to e&

#ounities at a%ge

9&ade3 0O> (.ean S1ae is S1ae is assistant 1rofessor at the Seattle niversity School of Jaw, teaching

aministrative law, 1overty law, an law an social movements7 T.ocumenting %ener 10 4NA, &astings Jaw

$ournal, Wol0 L+D/5, arch 344, htt1+22ssrn0com2a;stract]534443 22roneofar*

!nother area where com1elling reasons for the continue use of generclassi?cation e-ists is with res1ect to aHrmative action an other 1rograms focuseon remeying the longAterm e"ects of o11ression of women an transgener1eo1le0 &ere, again, we can see 1arallels to controversies that have occurre regaring the use of other

conteste ientity categories0 In the conte-t of race, the e;ates that occurre regaring1utting a Tmultiracial category on the 0S0 Census are instructive 0/DL )hoseiscussions focuse on the 1ro1osal that a Tmultiracial category woul lea tomore accurate ata, ;ecause the Census re>uirement that 1eo1le 1ic* a singleracial category o;scure the fact that many 1eo1le are multiAracial0/DN <11onents of

the 1ro1osal argue that while it is true that many 1eo1le are multiAracial, certain

grou1s woul ;e unercounte if their ientity categories were em1tie ;y more1eo1le choosing TmultiAracial rather than the race category they woul have1reviously chosen0/DD )his argument was es1ecially mae with regar to 1eo1le of !frican ancestry in the

nite States/D 9hile re>uiring multiAracial 1eo1le with !frican heritage to only ientify that heritage in theirienti?cation on the Census mirrore the racist rule of hy1oescent also *nown as the Tone ro1 rule, esta;lishinga Tmultiracial category woul li*ely rastically reuce the num;er of 1eo1le ientifying as !fricanA!merican0/D

<11onents argue that ;ecause much iscrimination an e-clusion has occurrean continues to occur through the rule of hy1oescent, with historical an 1resentay racism regaring 1eo1le through the oneAro1 lens, eliminating the a;ility toientify 1eo1le of !frican escent s1eci?cally woul im1ee the a;ility to useCensus ata to unerstan the conitions in that 1o1ulation an formulatea11ro1riate 1olicies relate to reistri;ution an remeiation0/4 )hus, even thoughthe racial categories formulate ;y the rule of hy1oescent o not reect ascienti?cally veri?a;le classi?cation that woul ;e esira;le in many other areas ofgovernment ientity classi?cation, they still o1erate on iniviuals an communitiesim1acte ;y racism0 )ools li*e Census ata that are use to evaluate 1olicies aimeat remeying iscrimination an e-clusion an reistri;uting government servicesan su11ort, therefore, nee to measure race in ways that o not o;scure thee-istence of communities an issues constitute aroun those categories 0 Similarly, wemight suggest that in 1rograms collecting ata for 1ur1oses of evaluating e"orts toremey the im1act of longAterm iscrimination an e-clusion of women antransgener 1eo1le collecting ata a;out gener might ;e useful0 Such atacollection coul ;e unerta*en with an unerstaning that what is ;eing measureis the im1act of social 1rocesses of gener 1rouction that result in iscriminationan e-clusion in conte-ts where systemic se-ism an trans1ho;ia e-ist0 !gain, as in the

health conte-t, the gener categories use in such collection might not sim1ly ;e Tmale an Tfemale e1ening

on the *in of 1ro;lems ;eing assesse0 If a ee1er >uestion were as*e, one that aressewhether gener ata was really necessary, an if so what as1ect of gener atashoul ;e collecte an how, more nuance an e"ective 1olicyma*ing mightresult0 )his is not an argument for a sim1listically TgenerA;lin government, ;utrather for a shift towar a more critical view of the use of gener ata in





government recor*ee1ing0 If collecting ata on gener ha to ;e Gusti?e ;y a close connection to

institutional 1ur1oses, an false assum1tions a;out the use of gener ata to verify ientity fell ;y the waysie,

the use of this ata coul have less unintene negative conse>uences for ;othiniviuals an institutions0 )he confusion currently ;eing cause ;y ;atch chec*ing 1roceures aime at

immigration enforcement an terrorism 1revention e-1oses the incoherency of gener classi?cation, allowingus to consier 1utting an en to the aministrative attem1ts to ma*e gener asta;le mar*er of ientity veri?cation an a logical way of iviing an managing the1o1ulation when it clearly oes not achieve either 1ur1ose consistently0 It is worth noting

that this unerlying >uestion a;out the signi?cance of gener classi?cation has also 1laye an im1ortant role iniscrimination law0 )he use of intermeiate scrutiny rather than strict scrutiny for laws an 1olicies istinguishing1eo1le on the ;asis of gener,/5 controversies a;out seas a ;ona ?e occu1ational >uali?cation,/3 ane;ates a;out whether 1regnancy iscrimination is a form of se- iscrimination// all ;ear a relation to the

funamental concern over what *in of classi?cation se- re1resents0 .oes it relate to a meaningfuli"erence among humans that can ;e use as a legitimate ;asis for i"erentialtreatment in some instancesZ/M <r is it a classi?cation arising from a system ofominance, such that i"erential treatment on this ;asis shoul ;e viewe unerserious sus1icion of iscriminationZ )he Guris1ruence relate to genere ress coes also relates to

these >uestions,/L as*ing courts to etermine whether cultural e-1ectations a;out genere a11earances in

certain inustries are reasona;le 1rofessional stanars or illegal limitations on the lives of iniviuals ;ase oniscriminatory stereoty1es0 Similarly, the )itle WII cases where courts have wrestle with whether iscriminationagainst transgener 1eo1le is 1rohi;ite ;y )itle WII re>uire a etermination of ;asic unerstanings of how the lawviews gener classi?cation0/N !re transgener 1eo1le who are ?re ;eing im1ermissi;ly iscriminate against;ecause of failure to live u1 to a stereoty1e a;out masculinity or femininity,/D or is their gener e-1ression so far

outsie cultural norms that it is ;eyon the am;it of what )itle WII e-ists to 1rotectZ any of thefunamental tensions in se- iscrimination law have relate to these >uestionsa;out how the law views seas a categoryYwhether it is Treal enough to ;e alegitimate ;asis of i"erential treatment or whether we see it 1rimarily as a set ofsocial norms arising out of a system of omination 0 9hile these issues are too numerous to treat

here, the insight into the insta;ility of gener 1rovie ;y the e-amination of thegener reclassi?cation rule matri- might also ;e a hel1ful consieration in theresolution of these >uestions0



C(be%7"nte%net CPs



**C(be%>@une%abiit( CP8e United 9tates )ede%a gove%nent soud estabis a

#(be%>vune%abiit( &u%#asing &%og%a;

8e CP soves #(be%>#%ie and inte%net gove%nan#eB%a.e 2015 (BenGamin [International !"airs Fellow at the Council on Foreign

Relations' )he Bug )rae !1r 33 htt1s+22www0foreigna"airs0com2articles2345LA4MA332;ugAtrae *f7

)o ensure their e"orts to control this inustry succee, cy;er oHcials shoul 1ay close attention to the shifting

economics of the software vulnera;ilities mar*et0 !s cy;er security s1ecialist .an %eer 1ro1ose last year, the1urchasing 1ower of the nite States can o much to %est%u#tu%e te a%.et forsoftware vulnera;ilities0 By ;ecoming its largest customer, the nite States can ma*e the licitmar*et more attractive an lower the >uality of tools availa;le to cy;ercriminals0

!ccoring to :SS Ja;s, a vulnera;ility 1urchasing 1rogram woul reuce economic losses

resulting from cy;ercrime ;y at least ten 1ercent0 It woul also increase the talent1ool of s*ille information security researchers an egrae the a;ility of foreignintelligence agencies to ac>uire so1histicate e-1loits or attract talente researchers0 In

aition, the li*elihoo of a catastro1hic attac* on critical 0S0 infrastructure woul ;eiminishe if iniviuals ha an incentive to loo* for an sell aws to re1uta;le venors

or the 0S0 government (1rovie that 0S0 agencies maintain an e"ective 1rocess to res1onsi;ly isclose a

vast maGority of the ;ugs to the 1u;lic70 9ithout such a 1rogram, the mar*et for vulnera;ilitiescoul ;ecome a ;a=aar for a wie array of 1rivate 1urchasers with no interest in 1u;lic isclosure of the

;ugs0 )he nite States cannot, though, e-1ect to ;uy its way out of the 1ro;lem entirely0 ! newly announce stuyfrom researchers from I), &arvar, an the information security ?rm &ac*er<ne maintains that while ;ug ;ountiesare an e"ective tool, the mar*et is not riven ;y 1rice alone0 For a more enuring solution that avois the anger of rawing too much attention to ?ning ;ugs an not enough to ?-ing them, oHcials an software evelo1ers mustalso wor* to encourage the evelo1ment of automate solutions for vulnera;ility iscovery0 )homas Schelling

o;serve in his wor* on economics an criminal enter1rise that unsavory mar*ets always o"er1olicyma*ers several o1tions to restructure the mar*et+ increasing the legalcom1etition, rela-ing 1rohi;itions, or selective enforcement0 )here are no easy choices when

it comes to ealing with the 1ro;lem of commercial hac*ing, ;ut at least there are choices0 Private hac*ing ?rms

will inevita;ly thrive as encry1tion ;ecomes more u;i>uitous, ;ut the nite States can a"ect themar*et in which these ?rms o1erate0 A bugAbount( &%og%a ed b( te United9tates can rive u1 their costs of oing ;usiness, as well as the costs to 0S0aversaries in cy;ers1ace0 It may, as .an %eer note, ;e Tthe chea1est win we will ever get0



>>?t 9oves inte%net )%eedo 'as tat %ead e8e CP dis#oses vune%abiities $i# is suI#ient to sove

inte%net )%eedo – tei% auto%

e et a 201 (.anielle Kehl is a Policy !nalyst at :ew !mericas <1en

)echnology Institute (<)I70 Kevin Ban*ston is the Policy .irector at <)I, Ro;yn%reene is a Policy Counsel at <)I, an Ro;ert orgus is a Research !ssociate at <)ISurveillance Costs+ )he :S!s Im1act on the Economy, Internet Freeom QCy;ersecurity $ul 345Mhtt1s+22www0newamerica0org2ownloas2Surveilance6Costs6Final01f *f7

)he :S!s a11arent stoc*1iling of security vulnera;ilities in wielyAuse harwarean software 1roucts (rather than res1onsi;ly isclosing them to venors so that they may ;e 1atche7

threatens cy;ersecurity writ large ; 8e U;9; gove%nent needs to estabis a

#ea% and #onsistent &oi#( o) dis#osing vune%abiities to vendo%s b(

de)aut; )o the e-tent such a 1olicy allows vulnera;ility stoc*1iling at all, it must e-1licitly e?ne when, uner

what circumstances, an for how long the government may elay isclosure, if ever0 ! central tenet of this 1olicy

shoul ;e that if the 0S0 government hols onto security vulnera;ilities for future e-1loitation at all, it shoul onlyo so in e-traorinarily rare cases, such as where there are no other legitimate means to access information that isnecessary to 1rotect against an immeiate national security threat0 It is critical that any such 1olicy authori=ing thestoc*1iling of vulnera;ilities s1ell out in e-1licit an 1recise terms the limite circumstances that woul >ualify forsuch an e-ce1tion, as well as s1eci?c guielines for when an how venors shoul ;e informe of the aw after it

has ;een use for that limite 1ur1ose !s Bellovin et al0 write, TIn a worl of great cy;ersecurityris*U 1u;lic safety an national security are too critical to ta*e ris*s an leavevulnera;ilities unre1orte an un1atcheU Jaw enforcement shoul always err onthe sie of caution in eciing whether to refrain from informing a venor of avulnera;ility0 !ny 1olicy short of full an immeiate re1orting is sim1ly inae>uate0/NM Similarly,

Recommenation ^/4 from the Presients Review %rou1 recommens that TS 1olicy shoul generally move toensure that ero .ays are >uic*ly ;loc*e, so that the unerlying vulnera;ilities are 1atche on S %overnmentan other networ*s, carving out an e-ce1tion for rare instances when TS 1olicy may ;riey authori=e using a

ero .ay for high 1riority intelligence collection, following senior, interagency review involving all a11ro1riatee1artments0/NL !itionally, any ecision not to isclose a vulnera;ility shoul ;e su;Gect to a rigorous review1rocess0 )he Presients Review %rou1 recommens the creation of an interagency 1rocess to regularly review Ttheactivities of the S government regaring attac*s that e-1loit a 1reviously un*nown vulnera;ility in a com1utera11lication or system0/NN )o the e-tent such a TWulnera;ilities E>uities Process alreay e-ists as the!ministration now claims, the government must ;e much more trans1arent a;out its o1eration an the stanarsuner which it o1erates, in orer to reassure users of !merican harware an software 1roucts that ;oth inustryan government are fully eicate ensuring the security of those 1roucts0



>>?t Reguation sovesReguating te sae o) te in)o d%ives RQR and sto&s #(be%>

#%ie

B%a.e 2015 (BenGamin [International !"airs Fellow at the Council on Foreign

Relations' )he Bug )rae !1r 33 htt1s+22www0foreigna"airs0com2articles2345LA4MA332;ugAtrae *f7

)he nite Kingom isnt the only country concerne a;out the rising a;use of s1yware0 !s early as 3453, .utch E

1arliament mem;er arietGe Schaa*e s1earheae a 1ush for a ;an on e-1orts of surveillance software0 Severalo=en nations, incluing the nite States, Canaa, an all E mem;er states, have since 1lege tointrouce e-1ort controls on surveillance software an new e-1ort control 1roceures are

;eginning to evolve in countries where many of these ?rms are hea>uartere, incluing %ermany, Italy, an

France0 But the multilateral framewor* use to contain an control the traeYa legacy

regime originally evelo1e to cur; arms 1roliferation in a ;i1olar worlYcannot aress the challengeof this new igital inustry alone0 Countries will still ;e left with the >uestion of howto regulate this mar*et without 1ushing it unergroun, riving s1yware evelo1ers into more

1ermissive Gurisictions, or im1osing unnecessary restrictions that stymie commercial anscienti?c evelo1ment0 S<F) J!9 F<R S<F)9!RE In late 345/, M5 countries 1lege uner the 9assenaar

!rrangement to ao1t e-1ort controls for the ty1es of surveillance tools &ac*ing)eam an other ?rms were sellingaroun the worl0 9assenaar is the successor to a Col 9ar e"ort aime at 1reventing the sale of conventionalmilitary an ualAuse ca1a;ilities to the Soviet ;loc0 !s the 1olitical scientists Kenneth !;;ott an .uncan Snial1ointe out soon after its ao1tion, 9assenaar was alreay har enough to enforce with 1hysical goos0 9assenaarha too many mem;ers an too little consensus0 It was not irecte at a common enemy, an the costs of e-1ort;ans fell unevenly across countries0 Finally, some states were more technically 1re1are than others to oversee ane"ective control system0 .igital goos li*e s1yware will ;e all the more challenging to control0 In the case of

hac*ing 1roucts, the si=e an e-1ertise of the leaing ?rms ma*e them iHcult tocontrol through a treaty0 nli*e the mile age, Ph0.0 wieling engineers at Joc*hee artin that evelo1

avance ?ghter Gets, software evelo1ers that create malware are often young, some may ;e etache from thecommunity, an many are willing to move aroun fre>uentlyYmuch li*e the hac*ing ?rms that recruit them0 )here

is also little e>ui1ment that can ;e 1hysically monitore or controlle0 )raitional efense inustriesuse assem;ly lines, machine tools, an other ty1es of manufacturing infrastructurethat are iHcult an costly to u1licate a;roa hac*ers@ most valua;le 1roucts areoften com1uter coe, which can go wherever they go0 9ith only a few o=en em1loyees, ?rms

li*e &ac*ing)eam will have a relatively easy time recruiting or luring their ;est an ;rightest to countries with lessoversight over the evelo1ment an istri;ution of s1yware0 Euro1ean oHcials have alreay warne that Wu1en, aFrench venor of e-clusive =eroAay e-1loits, may ;e moving its oHces out of the E ue to tightening e-1ortcontrol 1olicies0



>>?t ove%nent &u%#asing good8e CP soves #%ie and is sound e#onoi#s

6unn 201 ($ohn %overnments urge to set u1 glo;al ;ounty system to ;uy

security vulnera;ilities $an D www0techworl0com2news2security2governmentsA

urgeAsetAu1Aglo;alA;ountyAsystemA;uyAsecurityAvulnera;ilitiesA/MLD2 *f7 )he criminal mar*et for software vulnera;ilities is now so so1histicate anangerous that governments shoul consier setting u1 a glo;al 1rogramme to1urchase aws ;efore they fall into the wrong hans, a researcher has argue0 Jast month .r Stefan Frei of

:SS Ja;s calculate that criminals 1ro;a;ly ha access to aroun 544 =eroAay software aws *nown only to themat any moment in time, which re1resente a huge security ris* to organisations, governments an consumers ali*e0In a followAu1 re1ort ;efore Christmas Frei an coAauthor Francisco !rtes suggeste that the level of insecurity wasnow far ;eyon what coul ;e mo11e u1 ;y commercial software ;ounty 1rogrammes such as those run ;yicrosoft, %oogle, Vahoo or s1ecialist ?rms such as &P )i11ingPoint0 Flaws coul ta*e months to iscover an1ossi;ly years to 1atch across the worls 1o1ulation of PCs, leaving criminals free to e-1loit them more or less atwill0 9ith the uncoste economic an social toll rising an the inustry no nearer 1roucing secure software oracce1ting lia;ility for its e"ects, the time ha come for governments to resort to more rastic measures, Frei sai0eanwhile a lucrative mar*et has evelo1e for aws with security isclosures that e1ene on the e"orts of asmall 1o1ulation of security researchers, a worrying minority of whom were willing to sell aws to the highest;ier, often criminals0 <ne solution woul ;e a fullyAege International Wulnera;ility Purchase Program (IWPP7,

which woul see* to 1urchase serious aws ;efore criminals got hol of them0 )he main avantage of thisa11roach is that it coul inclue software 1roucts not currently covere ;y ;ounty1rograms while also 1aying mar*et rates high enough to encourage more securityresearch as a whole0 Even 1aying a;ove mar*et rates b as high as 5L4,444 (544,4447 1er

aw A Tthe cost of 1urchasing all vulnera;ilities in a given year, an at com1etitive1rices, is remar*a;ly low com1are to the losses that are estimate to occur as aresult of cy;ercrime, or the economic out1ut of maGor countries, or the revenue ofthe software inustry for the same time 1erio, wrote Frei0 If such a 1rogram ha 1urchase

every *nown aw uring 3453, he calculate that the ;ounty costs woul still only re1resent only 40/ 1ercent of the

revenue of the worl software inustry, a;out 4045 1ercent of S %.P0 Put another way, the costs of 1aying

for all those aws woul ;e warfe ;y the economic e"ects of the same aws oncethey are wiele ;y criminals0 )he 1rice o"ere for a s1eci?c aw woul e1en to some e-tent on the

?nancial amage it might cause, a num;er that woul always in theory ;e higher than the 1ro?t criminals coulma*e from the same vulnera;ility0



at4 Bad e#onoi#sLeading stud( – CP is good e#onoi#s

F%ei Q A%tes 201< (Stefan an Francisco International Wulnera;ility Purchase

Program htt1s+22www0nssla;s0com2sites2efault2?les21u;licAre1ort2?les2International

O34Wulnera;ilityO34PurchaseO34ProgramO34O3IWPPO3A501f *f7<ver the 1ast few ecaes, the glo;al economy increasingly has come to rely oninformation systems, an yet society remains in the early 1hases of aa1ting to therelate o11ortunities an threats0 Criminals, however, are fast ao1ters (as with any new

technology7, an worlwie ?nancial losses occurring as a result of cy;er crime areestimate in the ;illions of ollars 1er year0 )he continue iscovery of new vulnera;ilities in

software an their su;se>uent a;use ;y cy;er criminals is the root cause of a consiera;le 1ortion of the losses

e-1erience ;y society0 Every e-1loita;le security vulnera;ility in the 1ossession of cy;ercriminals (1articularly those vulnera;ilities that a"ect 1o1ular 1roucts7 su;se>uently inucessigni?cant irect an inirect losses for users an for society as a whole0 )here is noinication that the status >uo will change any time soon , not least ;ecause software

manufacturers have yet to 1rouce secure software an, since they o not ;ear the costs an conse>uences of thevulnera;ilities within their 1roucts, there is little to inicate that they ever will0 E-1erience has shown thattraitional a11roaches ;ase on Tmore of the same o not eliver ;etter overall security0 )he >uestion to as* is+

T&ow much are those that ;ear the costs willing to 1ay to reuce their losses incurre as a result of cy;er crimeZ Itis time to e-amine the economics of e1riving cy;er criminals access to newvulnera;ilities through the systematic 1urchase of all vulnera;ilities iscovere at ora;ove ;lac* mar*et 1rices0 By com1aring the total losses occurring as a result ofcy;er crime against the costs involve in 1urchasing all vulnera;ilities a com1ellingcase is mae for a centrali=e vulnera;ility 1urchase 1rogram 0 :SS Ja;s has iscovere that

the cost of 1urchasing all of the vulnera;ilities of a given software venor is minimalwhen com1are with that venors revenue for the same 1erio of time 0 Further, the cost

of 1urchasing all of the vulnera;ilities for all of the venors is minimal when weighe against the e-1ecte overall

reuction in losses incurre as a result of cy;er crime0 :SS ata reveals that it is e#onoi#a(viabe )o% gove%nents to ma*e largescale 1urchases of vulnera;ilities to reucelosses, esta;lish 1ro1er incentives, 1rovie trans1arency, an transfer costs to thea11ro1riate 1arties0

https://www.nsslabs.com/sites/default/files/public-report/files/International%20Vulnerability%20Purchase%20Program%20(IVPP)-1.pdf






**C(be%se#u%it( 8%eat( 1NC8e?t4 8e United 9tates Fede%a ove%nent soud estabis

and %ati)( an inte%nationa #(be%se#u%it( t%eat(;

8%eaties $it ote% #ount%ies &%events is#a# and

intentiona( ta%geting ote% #ount%iesMuee% 1/BenGamin is the Stone- Ph. scholar in international relations at the JononSchool of Economics0 &is re1ort, )he Jaws of 9ar in the Era of Cy;er conict, is 1u;lishe ;yJSE I.E!S (T9hy we nee a cy;erwar treaty $une 3, 345Mhtt1+22www0theguarian0com2commentisfree2345M2Gun2432weAneeAcy;erwarAtreaty722$Jee

<ne ecisive act of statesmanshi1 coul rastically turn this 1icture aroun0 )here is no regulationwhatsoever of war in cy;ers1ace b unli*e conventional forms of ;attle, $i# a%e

sube#t to an e?tensive set o) inte%nationa t%eat( a$s signed an res1ecte ;y

the vast maGority of the worl@s states0 )he laws of arme conict regulate when a nation state

may legally use military force against another state, an what means it may use to o so0<Hcial military octrine in many countries is that these laws a11ly to cy;ers1ace asthey o to all other omains of warfare0 But cy;ers1ace is unli*e any of these omains0 !ttac*s can

ta*e 1lace from someone@s es*, thousans of miles remove0 )he very meaning of the wor 8attac*8 is unclear+ isany unauthorise igital incursion into another state@s networ*s an o"ensive attac*Z :ee it ;ring a;out estructive

conse>uences to count as oneZ An inte%nationa t%eat( on #(be%$a% ust #a%i)( teeaning o) #(be% atta#.3 set out 1ermissi;le res1onses, an inclue an o;ligationfor states to assist one another in the investigation of igital crimes 0 ! nation@s failure to

coo1erate in the aftermath of a cy;er incient must im1ly a egree of cul1a;ility0 .igital inustriales1ionage falls uner the 9orl )rae <rganisation, which ought to ta*e ste1s tooutlaw what is an antiAcom1etitive tactic, an e-1an the sco1e of its is1ute settlement

mechanism to inclue such ;ehaviour0 Some argue that ;ecause attri;uting acts of cy;er hostility is so iHcult,

a treaty woul ;e a fool@s erran0 In fact, anonymity on the internet is im1ossi;le ;ye?nition+ all internet traHc consists of electronically ?re communication im1ulseswhich are tracea;le (as aniant@s re1ort shows70 !ttac*s can ;e analyse using a mi-tureof igital forensics an traitional investigative methos0 ! cy;erwar treaty will;ring a;out three 1rofoun ;ene?ts0 First, militaries will no longer have to1er1etuate a ;ounless arms race in a omain that is currently unconstraine ;y rules an

conventions+ e-1ectations of military ;ehaviour in cy;ers1ace will ;e anchore in norms (Gust as most states o not

have to fear attac* ;y nuclear, chemical or ;iological wea1ons70 Secon, setting out res1onsestructures to cy;er attac*s will ?nally esta;lish a moicum of eterrence incy;ers1ace0 )hir, once the military a11lications of cy;ers1ace ;ecome more1reicta;le, states can evote more e"ort to crossA;orer law enforcement coo1eration in the 1ursuit of cy;er

criminals0



>>?t 9oves &%iva#( and inte%netCP soves t%eats/doesnDt vioate &%iva#(3 ao$s )%ee

in)o%ation o$Muee% 1/BenGamin is the Stone- Ph. scholar in international relations at the Jonon

School of Economics0 &is re1ort, )he Jaws of 9ar in the Era of Cy;er conict, is 1u;lishe ;yJSE I.E!S (T)he laws of war an cy;ers1ace on the nee for a treaty concerning cy;erconict $une 345Mhtt1+22www0lse0ac0u*2I.E!S21u;lications2re1orts21f2S5M636Cy;erwarfare01f722$Jee

)he overall aim is to move the international community of states into a 1ositionwhere cy;erArelate crossA;orer coo1eration of law enforcement is a matter of routine, regulate ;y treaty0 !n accor on cy;er war is neee to clarify the e?nitions of J<!C in cy;ers1ace,

hel1ing to ;ring clarity into what is currently an unerregulate omain of warfare0 By creating a egree ofcertainty as regars 1ermissi;le state ;ehaviour in cy;ers1ace , governments can ste1 away

from the ris*y game of ma-imising cy;er o1erations without ;reaching the arme attac* threshol, an focus on

the scourge of cy;er criminality, which is unermining con?ence in the Internet as a whole0 !n

institutionalise ;asis for international coo1eration on cy;er crime woul ma*e lifeharer for cy;er criminals0 !s an ae ;ene?t, a treaty on cy;er crime woul lessen theattri;ution ilemma, since nonAcoo1eration ;y a state can then ;e seen aninication of a egree of state res1onsi;ility for a cy;er incient 0ML In 1ractical terms, it isu1 to states to initiate the treaty 1rocess0 )he Bua1est Convention 1rovies a soli ;asisfor com;ating cy;er crime it coul ;e amene as 1er the 1oints a;ove an an e"ort launche to ;ring

on ;oar more signatories0 )he : .isarmament Q International Security Committee a11ears to ;e the mosta11ro1riate forum for tal*s to commence on a cy;er war treaty0 )he incentive structure for states to engage in sucha 1rocess is easily frame in the game theory terms that are familiar to stuents of ;argaining an coo1erationuner anarchy0MN )he sim1lest e-1lanatory analogy is the Prisoners .ilemma+ it is in the interest of all states ifcy;ers1ace ;ecomes a more orere military omain, ;y anchoring e-1ectations an introucing a egree ofcertainty for governments0 It is in the 1rivate interest of each state to efect from this regime an secure the

;ene?ts of unrestraine cy;er warfare on its own0 )o avoi all states from following their 1rivate

interest an efecting, it is necessary to monitor com1liance, ieally through aninstitution charge with this tas* (which generates what !-elro an Keohane call the dshaow of the

future70 Curiously, although international law has no formal enforcement mechanism, states aherence to it, ashas ;een note, is wies1rea an consistent0 )he reasons are li*ely to ;e a mi-ture of enlightene selfAinterest inan orere international community, legitimacy (;oth of international law an of the com1liant state in the eyes ofits 1o1ulation as well as the international community7 an the norms of socialisation that have ;uilt u1 over the1ast century as international law grew in e1th an ;reath0MD )he main hurle facing this scheme is that statesfear giving u1 a military avantage b a fear that is nulli?e if all states sign u1 to the treaty b an the worry thatregulating a ecentralise, nonAhierarchical networ* li*e cy;ers1ace is antithetical to its funamental 1ur1ose0

S1eci?cally, concerns have ;een voice that regulating cy;ers1ace will generatemomentum for those states that see* to e-ert censorshi1 an state control over theInternet0M )he iea that information is free, with the Internet as the meium to ecentralise the glo;al

ow of *nowlege an em1ower citi=ens across the glo;e, is inee a11ealing to those who ;elieve in freeom of

s1eech as a funamental force for goo in the worl0 !t the same time, it is easy to romanticisethis 1oint0 9hether or not citi=ens enGoy a dfree we; still e1ens ?rst an foremost

on the omestic legal situation in which they ?n themselves0 ! state intent on censoring theInternet can o so easily, with or without a treaty on cy;er war0 9hat avocates for an o1en

Internet seem to miss is that a *ey ingreient of the we; is trust ;etween the is1arate noes an actors in thenetwor*0 ! graual militarisation of cy;ers1ace will ham1er cy;ers1aces e"ectiveness as a tool for commercial an

social e-change0 oreover, the arms race ynamic that can evelo1 a;sent a treaty oncy;er war is a ;oon to cy;ercriminals, who, if left unchec*e, will ma*e eAcommercean increasingly slow, costly an cum;ersome a"air0 )hat is in no;oys interest0

http://www.lse.ac.uk/IDEAS/publications/reports/pdf/SU14_2_Cyberwarfare.pdf)//JLee





Ja&an 9oven#( Ja&an is tota( on>boa%d

Bennett 15/Cory is a Cy;ersecurity re1orter for )he &ill0 &e was the !ssistant Eitor at 9arren

Communications :ews covering the Feeral )rae Commission an Internet 1rivacy2surveillance regulations anlegislation (TS, $a1an near cy;er efense agreement !1ril , 345L htt1+22thehill0com21olicy2cy;ersecurity23/3NMA

usAGa1anAnearAcy;erAefenseAagreement722$Jee

8e U;9; and Ja&an a%e #ose to st%i.ing a ba%gain on biate%a de)ense

%ues that woul ;olster Goint e"orts to efen cy;ers1ace0 )he move comes ami growing hac*ing

threats from !sian 1ower China an the reclusive :orth Korea0 )he agreement will u1ate a staningefense alliance that has not ;een revisite since 5D $a1anese inister of .efense %en :a*atani sai at a

1ress conference 9enesay with his 0S0 counter1art, .efense Secretary !shton Carter0 )he revise efenseguielines will Tgive us the o11ortunity to e-ten [the alliances' reach into newomains li*e s1ace an cy;er, sai Carter, who is ma*ing his ?rst tri1 to !sia since ;eing installe as

hea of the Pentagon0 Cy;ersecurity, :a*atani sai, Thas ;ecome a common security issue for ;oth nations0 )he1ress conference was short on s1eci?cs regaring the cy;er arrangement0 )he rules are

e-1ecte to ;e ?nali=e when $a1an@s 1rime minister visits Presient <;ama in 9ashington

later this month0 Cy;ersecurity is increasingly ominating geo1olitical relationshi1sacross !sia0 China has move to im1lement a ;roa set of new cy;ersecurity rules that woul re>uire

com1anies to im1lement BeiGingAa11rove encry1tion an o1en all source coe to government ins1ection0 $a1anan the 0S0 have aligne in o11osition to the rules, which they argue will unfairly iscriminate

against foreign com1anies who o not want to e-1ose customer ata to the Chinese government0 Securitye-1erts have wiely accuse China of hac*ing many maGor foreign com1anieso1erating in the region0 Elsewhere, :orth Korea has emerge as a ;urgeoning cy;er 1ower in the region,

launching igital attac*s on South Korean nuclear 1lants an Sony Pictures Entertainment in the 0S0, which is

owne ;y $a1anA;ase Sony0 )he restructure efense guielines will hel1 efen againstinsta;ility resulting from these ty1e of cy;erattac*s, as well as cy;erattac*s that loo* to *noc* out

critical infrastructure0 )he rules Tetail how our two governments will continue to wor*

together aroun the worl an in new omains such as s1ace an cy;ers1ace 000 to ensure $a1an@s 1eace an security, Carter sai0 T!n they will hel1 us res1on e-i;ly to the full sco1e of challenges we

face, ;oth in the !sia Paci?c an aroun the glo;e0 )he worl has change since the 0S0 an $a1an last reviewe their guielines, more than 5D years ago, :a*atani sai0 T.uringthis time in the areas surrouning $a1an, the security situation has ;ecome evenmore severe, he sai0 T!n also in cy;ers1ace an outer s1ace, in these new ?els there are various

issues that we nee to res1on to0



Cina 9oven#(CP 9oves/a t%eat( $oud &%event es&ionage against Cina and sove

is#a#

AP 1/!ssociate Press (TS see*s resum1tion of cy;er tal*s with China $une 3D, 345M

htt1+22www0cn;c0com2345M24N23D2usAsee*sAresum1tionAofAcy;erAtal*sAwithAchina0html722$Jee

)he nite States ne-t month will urge China to resume iscussions on cy;ersecurity that

were sus1ene a;ru1tly after the 0S0 charge ?ve Chinese military oHcers with hac*inginto 0S0 com1anies to steal trae secrets, a 0S0 oHcial sai )hursay0 !ssistant Secretary of State .aniel

Russel tol )he !ssociate Press the 0S0 woul 1ush for a resum1tion of the cy;er wor*inggrou1 when Ca;inetAlevel oHcials of ;oth sies meet at the annual 0S0AChina Security an Economic .ialogue in

BeiGing in the secon wee* of $uly0 !fter the inictments against the ?ve oHcers were unseale in

ay, BeiGing 1ulle the 1lug on the grou10 It ha ;een set u1 a year ago in what 9ashington viewe at

the time as a i1lomatic cou1 after Presient Barac* <;ama an China@s Presient Xi $in1ing hel a summit in

California, aiming to set relations ;etween the two glo;al 1owers on a 1ositive trac*0 )hose ties have comeuner growing strain, also ;ecause of China@s assertive actions in the is1ute South an East China seas0

Russel, the to1 0S0 i1lomat for East !sia, reiterate those concerns )hursay, saying the 0S0 views it as

essential that China show greater restraint an use i1lomacy to manage itsi"erences on territorial issues0 !sian nations, 1articularly treaty allies li*e $a1an an the

Phili11ines, loo* to the 0S0 to counter China@s increasingly muscular actions, ;ut some in

the region have voice ou;ts a;out whether the seconAterm <;ama aministration can follow through on its

commitment to focus on the !siaAPaci?c, ;ecause of its 1reoccu1ation with the chaos in the ile East0 Russelsai !sia remains a strategic 0S0 1riority , even as 9ashington consiers some form of military

action to com;at the ra1i avances of Sunni militants in Ira> who now strale the ;orer with Syria0 8)he factthat events cons1ire to eman highAlevel 0S0 attention in the ile East or elsewhere is sim1ly a fact of life,8

Russel sai0 8It@s always ;een thus0 )he strategic im1erative, though, that@s mae the !siaAPaci?cregion a 1riority for us in security, economic an 1olitical terms is una"ecte ;y theshortAterm emans of crises here an there0 8I have no trou;le in enlisting Secretary (of State

$ohn7 Kerry@s e"orts on our agena in the region,8 Russel ae, 8an that a11lies to the1resient an vice 1resient as well08 Kerry an )reasury Secretary $ac* Jew will leathe 0S0 elegation at the tal*s in BeiGing, which are an annual ?-ture an viewe asim1ortant in forging a more coo1erative relationshi1 with BeiGing, notwithstaning current

frictions an China@s growing challenge to !merica@s 1ostA9orl 9ar II military 1reominance in the !siaAPaci?c0 )hetwo sies will iscuss issues incluing turmoil in the ile East, :orth Korea@s nuclear 1rogram an coo1eration onclimate change, an the 0S0 will raise human rights0 )hey@ll also aress a slew of economic an trae issues,incluing 1rogress on a ;ilateral investment treaty that China agree to negotiate in earnest at last year@s tal*s0

9hile the cy;er wor*ing grou1 remains on hol , Russel sai the 0S0 sie will raiseconcerns over cy;erAena;le theft of 0S0 cor1orate ata an intellectual 1ro1erty

that the 0S0 contens is share with Chinese stateAowne enter1rises for commercialgain0 8)hat@s an economic 1ro;lem as well as a ;ilateral 1ro;lem, an that *in of ;ehavior

ris*s unermining the su11ort for the 0S0AChina relationshi1 among the 0S0 an international

;usiness community,8 Russel sai0 8It@s a 1ro;lem we ;elieve the Chinese must an can aress08 !lthough

the revelations from former :ational Security !gency contractor Ewar Snowen on 0S0 surveillancetactics have em;arrasse 9ashington A leaving it o1en to accusations of hy1ocrisywhen it accuses others of cy;er es1ionage A the <;ama aministration has ta*en an increasingly

trenchant stance on intrusions from China0 )he inictment accuse the Chinese oHcers of targeting0S0 ma*ers of nuclear an solar technology, stealing con?ential ;usinessinformation, sensitive trae secrets an internal communications for com1etitiveavantage0 But after the inictments were unseale, the ?ve men were not 1lace on a 1u;lic, international list

http://www.cnbc.com/2014/06/27/us-seeks-resumption-of-cyber-talks-with-china.html)//JLee

http://www.cnbc.com/2014/06/27/us-seeks-resumption-of-cyber-talks-with-china.html)//JLee



of wante criminals0 )here is no evience that China woul even entertain a formal re>uest ;ythe 0S0 to e-traite the ?ve oHcers0 It has reGecte the charges an emanethey ;e withrawn0

9oves/&%events )u%te% tensions $it ea# ote%%ougton et a 72/Jesley is a sta" writer for Reuters0 Irees !li, !rsha ohamme, !nna

Vu*hananov an Krista &ughes are also sta" writers for Reuters (TS airs ee1 concerns over cy;er security inChina meetings $une 3M, 345L htt1+22www0channelnewsasia0com2news2worl2usAairsAee1Aconcerns25/NN/40html722$Jee

9!S&I:%)<:+ )he nite States sai on )uesay that cy;er theft s1onsore ;y theChinese government was a maGor 1ro;lem an stresse the nee to *ee1 !sian sea

lanes o1en as the worl@s two ;iggest economies hel annual tal*s aime at maintaining wor*ing relations in s1ite

of rising tensions0 !t the wieAranging Strategic an Economic .ialogue in 9ashington, ;oth siese-1resse a esire for constructive relations, with China saying the two countries coul manage

i"erences an shoul avoi confrontation0 But tensions over security matters, incluing cy;erattac*s on 0S0 government com1uters that 0S0 oHcials have ;lame on Chinesehac*ers an China@s 1ursuit of territorial claims in the is1ute South China Sea, have threatene to

ham1er e"orts to ee1en economic ties worth SL4 ;illion in twoAway trae lastyear0 8<n cy;ers1ace, in 1articular, we remain ee1ly concerne a;out ChinesegovernmentAs1onsore cy;erAena;le theft,8 0S0 )reasury Secretary $ac* Jew sai at the forum,

which has ;rought together more than M44 Chinese oHcials an eight 0S0 Ca;inet secretaries0 Jew sai the targetsof this hac*ing were 0S0 ?rms an i not mention recent attac*s on com1uters of the <Hce of Personnel

anagement0 0S0 Wice Presient $oe Bien sai the two sies might not resolve all oftheir i"erences in the meetings, which ;egan on onay an continue until 9enesay, ;ut

shoul commit to wor*ing on them0 89e have to *ee1 at it, ay after ay after ay after ay,8 Bien sai0 8)is%eationsi& is ust too i&o%tant; :ot only o we e1en on it, ;ut the worl e1ens on our

mutual success08China@s Wice Premier Jiu Vanong sai i"erences coul ;e manage8as long as our two countries ao1t an overall 1ers1ective, res1ect anaccommoate each others core interests08



Cina 9a(s esCina sa(s (es

Robinson 72/ )eri is an !ssociate Eitor for the SC aga=ine0 )eri writes many articles a;out

cy;ersecurity 1ro;lems for the SC aga=ine0 (T0S0, China agree to cy;ersecurity coe of conuct $une 3N, 345Lhtt1+22www0scmaga=ine0com2usAchinaAsummitAtal*sAturnAtoAcy;ersecurity2article2M3/5DL2722$Jee

!fter a tumultuous cou1le of years of e-changing accusations an e-1ressing istrust overcy;eres1ionage an s1ying b most recently with .irector of :ational Intelligence (.:I7 $ohn Cla11er

laying res1onsi;ility for the <Hce of Personnel anagement (<P7 ;reaches s>uarely at the feet of the Chinese b the 0S0 an China sai they@ve reache an accor of sorts, a coe of conuct forcy;ersecurity going forwar0 )he coe emerge after a threeAay 0S0AChinaStrategic an Economic .ialogue where elegates from the two countries covere the gamutof to1ics li*ely to a"ect future colla;oration an relations0 9hile etails of a s1eci?c coe werenot release, nor i it a11ear on a 53DAitem outcomes list, ;oth China@s Wice Premier 9ang Vangan 0S0 Secretary of State $ohn Kerry in the ?fth roun of the meeting@s Strategic Security .ialogue

1lege to coo1erate on cy;ersecurity measures0 !fter the close of the meetAu1, Kerry tolmem;ers of the 1ress that Tthere was not a irect *in of confrontational 1ush;ac*

on cy;ersecurity uring the tal*s0 Instea, the two countries orchestrate what Kerry calle for Tan honestiscussion, minus ?ngerA1ointing an accusations Ta;out the 1ro;lem of cy;er theft an whether or not it wassanctione ;y government or whether it was hac*ers an iniviuals that the government has the a;ility to

1rosecute0 )he Secretary of State sai the 0S0 mae it Tcrystal clear that that ty1e ofactivity is Tnot acce1ta;le, ;ut note that TChina also has a very clear interest inma*ing certain that every;oy is ;ehaving ;y a certain set of stanars0 Kerry refuse to comments1eci?cally on the ;reaches at the <P, which e-1ose a treasure trove of sensitive information, much of it

con?ential, ;ecause the incient is still ;eing investigate ;y the FBI Tan we have not come out with s1eci?c

statements from the government0 .:I Cla11er in@t show similar restraint, with the 9all Street

$ournal re1orting that he ?ngere China as the Tleaing sus1ect uring remar*s mae an

intelligence conference in 9ashington0 TVou have to *in of salute the Chinese for what they i, the $ournal>uote Cla11er as saying0

http://www.scmagazine.com/us-china-summit-talks-turn-to-cybersecurity/article/423175/)//JLee

http://www.scmagazine.com/us-china-summit-talks-turn-to-cybersecurity/article/423175/)//JLee



**=nine abing 1NC8e United 9tates )ede%a gove%nent soud egai:e onine

gabing;

8e U9 as set a doube>standa%d on inte%net )%eedo/on(

%e&eaing U"EA ao$s )o% it on a assive s#aea%dne% 2010 (!1ril %am;ling regulations will hel1 <;ama@s worl internet

freeom manate Se1 3/ www0casinogam;lingwe;0com2gam;lingAnews2gam;lingAlaw2gam;ling6regulations6will6hel16o;ama6s6worl6internet6freeom6manate6LLDL30html *f7

Presient <;ama gave a s1eech toay in front of the nite :ations %eneral !ssem;ly, an hismessage was largely one of iniviual freeom0 .uring the s1eech, <;ama touche on many issues,

1erha1s the most aggressive of which was having a Palestinian state se1arate from Israel0 <;ama s1o*e of allowingthe Palestinians their own state with the ho1e that Israelis an Palestinians coul live sie ;y sie in 1eace0 <;amaac*nowlege that this coul ta*e a long time, ;ut that the goal coul ;ecome a reality0 .uring the s1eech,

<;ama s1o*e a;out how the Internet shoul remain free from government

interference everywhere in the worl0 )he freeom to surf the Internet woul allow1eo1le all across the glo;e to research issues an learn from the wie array of news that is

currently foun on the Internet0 89e will su11ort a free an o1en Internet, so iniviuals have the information toma*e u1 their own mins,8 sai <;ama0 8!n it is time to em;race an e"ectively monitor norms that avance the

rights of civil society an guarantee its e-1ansion within an across ;orers08 )hat statement may have;een much ;etter receive ha the S not ha their own ;loc*s on Internet freeom0

)he Internet gam;ling inustry currently is o1erating as a ;lac* mar*et in the S ue to the 344N nlawful

Internet %am;ling Enforcement !ct0 )he law is a form of Internet censorshi1 that Re1resentative Barney Fran*

an other lawma*ers have ;een trying to re1eal0 In the >uest for Internet freeom, the S 1roclaims themselves as

leaers, however, the country must ;e careful with their 1lea0 If the S can 1lace Internet ;ans oncertain inustries, then little coul ;e one to sto1 other countries from ;anningi"erent inustries or we;sites ;ecause of their ;eliefs0 For instance, in countries where

religion is uni?e, there coul ;e ;ans on any material that the country ?ns outsie the rules of their 1articularreligion0 In other countries, ;ans coul ;e 1lace on inustries that are run largely ;y foreign o1erators0 Presient

<;ama too* a strong ?rst ste1 toay ;y 1romoting Internet freeom0 )he ne-t ste1will ;e ma*ing sure the S leas ;y e-am1le , an one area to start woul ;e ;y lifting the;an on Internet gam;ling0 )he 1resient has lai own the gauntlet, an now it istime for him to follow his own lea0



>>?t 9oves inte%net )%eedoCPan soves inte%net )%eedoibbe 72O71 (att, Freeom9or*s, 8Coalition Jetter+ :o Feeral Ban on Internet %am;ling87

9e, the unersigne iniviuals an organi=ations, are writing to e-1ress our ee1 concerns a;out the Restoration of !mericas 9ire!ct (&0R0 M/457, which woul institute a e facto ;an on internet gaming in all L4 states0 )he legislation is a ;roa overreach ;y thefeeral government over matters traitionally reserve for the states0 &0R0 M/45 will reverse current law in many states an

rastically increase the feeral governments regulatory 1ower0 !s we have seen in the 1ast, a ban will not sto1online gam;ling0 Prohi;iting states from legali=ing an regulating the 1ractice onlyensures that it will ;e 1ushe ;ac* into the shaows where crime can ourish withlittle oversight0 In this ;lac* mar*et, where virtually all sites are o1erate from a;roa, consumers have little to no

1rotection from 1reatory ;ehavior0 Perha1s even more concerning is the fact that this ;ill allowsthe feeral government to ta*e a eav( and in %eguating te "nte%net, o1ening the

oor for increase Internet regulation in the future0 By ;anning a select form of Internet commerce3te )ede%a gove%nent is setting a t%oubing &%e#edent an 1roviing foerto those who woul li*e to see in#%eased "nte%net %eguation in te )utu%e0 9e fear

that &0R0 M/45 will ;egin a dange%ous &%o#ess o) inte%net #enso%si& that will

simultaneously ;e circumvente ;y calculate international infringers whileconstraining the actions of 1rivate iniviuals an com1anies in the nite States0

Cu%%ent gabing a$s gut an( and a U9 #%ed on inte%net

)%eedo

Minton 2011 (ichelle Fe@s online 1o*er shutown assaults internet freeom

ay 5/ www0;reit;art0com2BigA%overnment2345524L25/2FesAAAA<nlineAPo*erAShutownA!ssaultsAInternetAFreeom *f7

<n !1ril 5L, a ay now *nown as TBlac* Friay, the 0S0 .e1artment of $ustice (.<$7 e"ectively shut own three

maGor online 1o*er we;sites ;y sei=ing their omain names0 )he .<$s heavyAhane 1rosecution of the we;sites, all of which are ;ase a;roa, has mae a moc*ery of !mericas statecommitment to Internet freeom 0 )he sei=ures have also hinere the onlinegam;ling o1erations in nations where Internet 1o*er is com1letely lawful an the 0S0 government has no

Gurisiction0 %iven that the sei=e 1o*er we;sites are house an regulate ;y foreign nationsYPo*er Stars isregistere in the Isle of an, Full )ilt in Irelan, an !;solute Po*er in !ntiguaYhow coul the 0S0 governmentunilaterally sei=e their omain namesZ )he short answer is that all of the sites en in T0com0 !ll such omains areregistere in the 0S0 an, hence, are su;Gect to 0S0 civil forfeiture laws0 !uthor an legal scholar Jarry .ownes hascriti>ue civil asset forfeiture laws on the )echnology Ji;eration Front ;log0 &e argues that the laws are actuallyintene to 1unish sus1ects ;efore they are convicte0 T)he 1ur1ose of forfeiture laws, .ownes laments, Tis tohel1 1rosecutors ?t the 1unishment to the crime, es1ecially when restitution of the victims or of the cost of1rosecution is otherwise unli*ely to have a eterrent e"ect0 .omain name sei=ures often occur without a trial an

often without any warning to the owners, as was the case in Blac* Friays sei=ure of 1o*er omains 0 )hegovernments move has reignite the controversy over 0S0 feeral agencies usingomain sei=ures to 1unish foreign entities allegely in violation of 0S0 laws0 9hile the

.<$ i not technically Tta*e own the 1o*er we;sites, feeral agents o;taine a court orer that com1elleWerisign, the glo;al o1erator of the 0com registry, to reroute the 1o*er sites omain names to a government 1agefeaturing intimiating feeral logos notifying users of the sei=ure0 !s a result of the sei=ure, no com1uter in theworlYeven those in countries where 1o*er is e-1licitly legalYcoul access the 1o*er sites via their omain names0 )his latest roun of sei=ures follows a series of similar actions ta*en in recent months ;y Immigration an CustomsEnforcement (ICE7, which has sei=e the omain names of o=ens of we;sites allege to ;e engage in co1yrightinfringement0 <ne such site, the S1ainA;ase RoGairecta0com, ha actually ;een eeme legal ;y S1anish courts0Perha1s in an e"ort to stem iscussion of sei=ures legality, the .<$ agree to unfree=e the 0com omains for Po*erStars an Full )ilt to allow 1layers to cash out their accounts an allow foreign gam;lers to continue 1laying on thesites0 In return, the we;sites were re>uire to 1romise to 1revent !mericanA;ase customers from 1laying 1o*ergames for money on their we;sites0 )he thir maGor site, !ntiguaA;ase !;solute Po*er, has re1ortely ;een o"ere



the same T1rivilege in e-change for agreeing to ;ar 0S0 customers from 1laying for money0 &owever, !ntiguas?nance minister issue a statement last wee* accusing the 0S0 of shutting the sites own in orer to stam1 outcom1etition0 <nline gam;ling is !ntiguas secon largest em1loyer after the tourism inustry, so it comes as littlesur1rise that !ntigua is consiering reGecting .<$s Tcom1romise an instea challenging the 0S0 governments

action ;efore the 9orl )rae <rgani=ation (9)<70 It is ee1ly trou;ling that the nite States, acountry that 1ur1orts to value iniviual freeom, has so misera;ly faile to 1rotectit when it comes to 1olitically incorrect 1ursuits li*e online gam;ling0 In e"ect, our governmentis ;ullying its own citi=ens an holing innocent foreign com1anies hostage0 &o1efully,

the events of Blac* Friay will focus 1u;lic attention on the aws of civil asset forfeiture laws an encourage foreign

nations to stan u1 to 0S0 authorities0 )he .<$s war of intimiation may have 1ut atem1orary hol on Internet 1o*er in the nite States, ;ut its heavyAhane tacticsshoul outrage any;oy who values freeom an iniviual rights0

Legai:ing onine gabing .e( to inte%net )%eedo – itDs a

8%oan o%se )o% $ides&%ead %eguation

8e)o%d 1072071> Eri* )elfor is senior vice 1resient at the Fran*lin Center for

%overnment Q Pu;lic Integrity, )he &ill, <cto;er 34, 345M, TEning the cycle ofcasino cronyism, htt1+22thehill0com2;logs2congressA;log21olitics233553MAeningAtheAcycleAofAcasinoAcronyism

9hen 1owerful gaming interest are s1earheaing te -gt to ban onine gabing, it shoul give

you 1ause0 )heir main 1olicy o;Gective is focuse on feeral legislation to ;an online gam;ling outright b

stiing their #o&etition ;efore it ever reaches the mar*et0 "t is a glim1se of crony ca1italism in its most

na*e form, an %e&%esents a ve%( t%oubing assaut on "nte%net )%eedo, givinggove%nent a )oot in te doo% )o% a b%oade% %eguato%( %egie an usur1ingour feeralist system0 )he 3455, the .e1artment of $ustices 1osition inter1retation on Internet gam;ling

threw the issue to state legislaturesAAwhere it shoul ;e0 !lmost immeiately, :evaa, .elaware, an :ew $ersey1asse legali=ing legislation0 )he Restoration of !mericas 9ire !ct, s1onsore ;y Sen0 Jinsey %raham (RAS0C07 an

Re10 $ason Cha"et= (RAtah7 woul 1rohi;it interstate s1orts ;etting using wire services, e"ectively *illing onlinegam;ling across the states where its legal0 9hile their 1retense is to avance a moral goo, this 1olicy woulunermine the free mar*et, encourage crime, an eroes the constitutional conce1t of states rights0 Pro1onents ofthe regulation have ;rought in 1olitical heavyweights to unermine legali=e online gam;ling, incluing former!r*ansas Sen0 Blanche Jincoln (.7, who re1resents the Coalition to Sto1 Internet %am;ling, claiming that legali=ingonline gam;ling woul 1romote frau, aiction, an money launering0 8I thin* it@s going to ;e very iHcult towor* something out, Jincoln sai, 8I thin* it@s im1ortant to 1ut a timeAout on this an to sto1 an thin* a;out whatit@s going to mean to us as a nation in our economy, to our chilren an to our society08 &owever, these

&%obes a%ead( e?ist $it ba#. a%.et gabing mostly %un )%o ove%seas

$it &%o-ts funing shay an 1otentially angerous o1erations outsie the Gurisiction of state regulation an consumer 1rotections0 !lan Felman, an e-ecutive vice

1resient of % notes that online gam;ling Tis here, an itDs been e%e )o% a ve%( ong tie;

Legai:ing onine gabing $oud li*ely see o%e of a si)t )%o iega to

ega &a( instea of funneling customers away from traitional casinos an their tra11ings0 Free mar*etavocates agree that consumers woul enGoy more security were this 1ursuit mae legal0 TIn this ;lac* mar*et,

where virtually all sites are o1erate from a;roa, consumers have little to no 1rotection from1reatory ;ehavior0 wrote oHcials of the Institute For Policy Innovation to several congressmen0 )hey then

share wier concern that TPerha1s even o%e #on#e%ning is te )a#t that this ;ill ao$s

te )ede%a gove%nent to ta.e a eav( and in %eguating te "nte%net3

o&ening te doo% )o% in#%eased "nte%net %eguation in te )utu%e;, $ust li*eProhi;ition in the 534s, banning tis vi#e woul a#tua( in#entivi:e #%iinabeavio%; )hose fearful of frau, chil 1artici1ation, an 1ro?ts iverte to gangs or



terrorists soud &us )o% egai:ation in eve%( state to a.e te indust%( ast%ans&a%ent as &ossibe; Jegali=ing this longAesta;lishe, multi;illion ollar ;usiness gets the 1ro?ts

out of the shaows, e-1ans mar*et o11ortunities, an 1uts revenue into the co"ers of ;oth legitimate ;usinessan state governments that will ;ene?t0



>>?t – "nte%nationa 9igna

Legai:ation signas %etu%n to inte%net )%eedo

Lega Casino 1 Portal for gam;ling news an articles htt1+22legalcasinous0com2

)he nite States must #ange tei% onine gabing a$s to so$ to the othernations that the time of the dis%es&e#t )o% te inte%nationa ag%eeents isene0 <ne of these agreements is with the Euro1ean nion0 )he Euro1ean Commission has warne S! a long

time ago that their online casino laws violates the economic agreements with theEuro1ean union0 )he actual <;ama aministration has shown, ?nally, the goo wish to conform with such

agreements0 )he Re1resentative Barney Fran* has ;een a 1ro1onent for years of the online games legali=ation0 &ehas trie to o11ose to the I%E! (nlawful Internet %am;ling Enforcement !ct7 last year, ;ut not in vain0 )heRe1u;licans ha the control, ;ut now, with the emocrats, in the S there is the ho1e for a new law Internet%am;ling Jaw0 Fran* ;elieves that all the citi=ens of the nite States have the right to 1lay for money at the online

casino, in the 1rivacy of their houses0 Even some Re1u;licans in 1ast ha fought for te

"nte%net )%eedo;



**"nte%net Fede%ais CP8e -)t( states o) te United 9tates soud egai:e nea%( a

onine gabing in te United 9tates;

9tate eve %eguation ao$s inte%net )ede%ais

ing3 10 [$0.0 caniate 3454, :orthwestern niversity School of Jaw, B0!0ile;ury College 3443, !R)ICJE+ %E<J<C!)I<: !:. FE.ER!JIS <: )&EI:)ER:E)+ C))I:% I:)ER:E) %!BJI:%@S %<R.I!: K:<), Je-is'

W0 C<:CJSI<: %am;ling, li*e most ivisive social issues, is ;est regulate at te state eve0 n54 Vet migration of

gam;lingto the Internet has com1licate matters greatly, giving rise to iHcult >uestions as towhich governmental entities are ;est suite to regulate an what the 1ro1er su;stantive regulatory regime ought to

;e0 )he failure of energetic feeral an state e"orts to 1rohi;it Internet gam;ling over the 1ast ecae suggests that the issue may 1resent a nearly im1regna;le 1ro;lem, or as this!rticle terms the matter, an Internet gam;ling %orian *not0 )he rise of geolocation technologies in recent years o"ers a new o11ortunity to cut through that %orian *not via a

Gurisictionally i"erentiate regulatory framewor* for Internet gam;ling0 %eolocation technologies are not 1erfect0 &owever,when they areintegrate into a feeralAstate framewor* in which states #oose tei% own

su;stantive 1olicies from a limite 8menu8 of o1tions, these technologies cand%aati#a( i&%ove te deo#%ati# %es&onsiveness o) "nte%net gabinga$s3 in#%ease #o&ian#e $it te %ue o) a$3 and inte%nai:e te a%ge

and in#%easing #osts asso#iated $it &%oibition o) "nte%net gabing; Such an

a11roach is not immune to criticism, 1articularly in terms of its 1otential im1act on the funamental o1enness of the Internet in the longAterm0 In light of the mar*et avantagesassociate with Gurisictional i"erentiation an the nee for l aw to ;e su1reme over coe in ivisive areas such as Internet gam;ling, those raw;ac*s [DL' fail to outweigh the

1otential ;ene?ts o"ere ;y aggressive use of geolocation technologies0 )hese conclusions #a%%( i&i#ations tat go$e be(ond te "nte%net gabing debate0 If Gurisictional i"erentiation is ano%ative( su&e%io% a&&%oa# with res1ect to Internet gam;ling, then it a(

be in ote% a%.et se#to%s as $e 0 )his conse>uence, along with the egree towhich technological avances have unermine 1revious court ecisions onelectronic commerce issues, suggests that geolocation technologies may &a( a

%oe in enabing )ede%ais on te "nte%net )o% (ea%s to come0



**"nte%net F%eedo Agenda CP8e?t4 8e United 9tates )ede%a gove%nent soud subit a

%evie$ o) Ste &anT to te F%eedo =nine Coaition to insu%e

inte%nationa standa%ds o) inte%net )%eedo a%e being et;

CP soves 100 o) #ase – #%eates an inte%nationa( odeed)o% o) inte%net )%eedo3 #e#.s te #i%#uvention disad

e et a; 1 S.anielle, Kevin Ban*ston, Ro;yn %reene, Ro;er orgus $uly,345M0 Kehl is a Senior 1olicy analyst at :ew !merica@s <1en )echnology Institute0Surveillance Costs+ )he :S!s Im1act on the Economy, Internet Freeom QCy;ersecurity0 Pf0 D25/'22*mc

8e United 9tates ust a#t iediate( to %esto%e te #%edibiit( o) te"nte%net F%eedo agenda, lest it ;ecome another casualty of the :S!s surveillance 1rograms0 !s

escri;e in Part IW, various agencies within te U;9; gove%nent ave ta.en initia

ste&s to emonstrate goowill in this area, 1articularly through the :)I!s

announcement that it intens to transition stewarshi1 of the I!:! functions to aglo;al multista*eholer organi=ation an the State .e1artments s1eech outliningsi- 1rinci1les to guie signals intelligence collection groune in internationalhuman rights norms0 &owever, it will ta*e a ;roaer e"ort from across the govAernment to emonstrate that the nite States is fully committe to InternetFreeom, incluA ing ?rmly esta;lishing the nature of its su11ort for the evolvingmultista*eholer system of Internet governance an irectly engaging with issuesraise ;y the :S! surveillance 1rograms in international conversations09u&&o%ting inte%nationa no%s tat in> #%ease #on-den#e in te se#u%it(

o) onine #ouni#ations and %es&e#t )o% te %igts o) "nte%net use%s aa%ound te $o%d is integ%a to %esto%ing U;9; #%edibiit( in tis a%ea0 T9e have

surveillance 1rogrammes that a;use human rights an lac* in trans1arency an acA counta;ility 1recisely ;ecausewe o not have suHciently ro;ust, o1en, an inclusive e;ates aroun surveillance an national security 1olA icy,

writes atthew Shears of the Center for .emocracy Q )echnology0// It is time to ;egin having thoseconversations on ;oth a national an an international level, 1articularly at *eyu1coming Internet governance convenings incluing the 345M Internet %overnanceForum, the International )elecommunications nions 1leni1otentiary meeting, an the u1coming 9SIS54

review 1rocess0/M4 Certainly, the nite States will not ;e a;le to continue 1romoting theInternet Freeom agena at these meetings without aressing its national securitya11aA ratus an the im1act of :S! surveillance on iniviuals aroun the worl0Rather than ;eing a 1ro;lem, this &%esents an o&&o%tunit( )o% te U;9; to

assue a eade%si& %oe in te &%oo> tion o) bette% inte%nationastanda%ds a%ound su%veian#e &%a#ti#es; oreover, the 0S0 shoul ta*e ste1s tofurther internationali=e its Internet Freeom e"orts writ large an wor* with foreigngovernments to ;roaly 1romote emocracy an human rights online0 In 3455,Richar Fontaine an 9ill Rogers of the Center for a :ew !merican Security wrotethat +te United 9tates soud #ounte% te vie$ tat "nte%net F%eedo is

e%e( an Ae%i#an &%oe#t #oo.ed u& in asington3 %ate% tan a notion

%ooted in unive%sa uan %igts000 )he res1onse to [concerns a;out the InternetFreeom agenas ties to 0S0 foreign 1olicy shoul ;e' to internationali=e thee"ort0/M5 )oay, more than ever, it is #%iti#a tat te United 9tates eed tis



advi#e and ta.e ste&s to b%oaden te base o) su&&o%t )o% te "nte%netF%eedo agenda; Futu%e eetings and a#tivities o) te F%eedo =nine

Coaition3 which the State .e1artment 1laye a *ey role in convening3 $i se%ve as one test o)

tese eo%ts as te g%ou& atte&ts to t%ansition )%o a dis#ussion )o%u)o% i.e>inded gove%nents into a o%e a#> tion>o%iented #oaition;/M3 )he

nite States has the o11ortunity to urge other mem;er countries to live u1 to the commitments they mae at the

345M meeting in )allinn with res1ect to accountA a;ility, trans1arency, an other 1olicies grounA e in humanrights0 !s )oomas &enri* Ilves, the Presient of Estonia, articulate in his remar*s at the 345M meeting, T9e must;e honest with ourselves an amit that recent evelo1ments regaring 1ur1orte surveillance ;y the :S! ansimilar organisations in i"erent countries ma*e the efense of an o1en Internet more iHcult0 )hat, too, is achallenge that Freeom <nline Coalition must face0/M/ <utsie of the Freeom <nline Coalition, ;ut consistentwith its goals, the 0S0 can urge ;oth com1anies an foreign governments to Goin organi=ations li*e the %lo;al:etwor* Initiative or commit to other voluntary 1rocesses that 1romote the centrality of human rights in the1olicyma*ing 1rocess0/MM

8e( sa( (es

66P 15 [.igital .efeners Partnershi1, a su;set of Freeom <nline Coalition0 W1

2 3 0ri4acy and 5ransparency &nline htt1s+22www0freeomonlinecoalition0com2howAweAwor*2wor*ingAgrou1s2wor*ingAgrou1A/2 D25M'22*mc

F<C wor*ing grou1 (9%7 TPrivacy an )rans1arency <nline focuses on the relationshi1 ;etweengovernments an information Q communications technology (IC)7 #o&anies3 $it

a &a%ti#ua% e&asis on %es&e#ting uan %igts onine3 in#uding

)%eedo o) e?&%ession and &%iva#(0 In furtherance of that o;Gective, this grou1 intens toe-1lore the 1rivacy an trans1arency 1ractices of governments an com1anies,incluing through re>uests for user ata, content restriction, an networ* shutown 0

)his grou1 will remain minful of the a11lica;ility of *ey 1rinci1les from the )allinn !greement, such as the rule oflaw, collection for a legitimate 1ur1ose, nonAar;itrariness, an e"ective oversight, which shoul guie the

interaction ;etween IC) com1anies an governments;V 8e dis#ussion on t%ans&a%en#( in te

"C8 se#to% as a%ge( )o#used on ao% "nte%net #o&anies in te United9tates3 Canada3 and Eu%o&e; it te &%oi)e%ation o) ne$ a$s and

%eguations in tis a%ea3 and te g%o$ing %ange o) #o&anies andinguse% data and #ontent3 tis #onve%sation soud ave a goba )%ae$o%.3a&&(ing to gove%nents )%o a %egions and #o&anies )%o a &a%ts o)

te "C8 se#to%;` By ;ringing together governments, com1anies, civil societye-1erts, an acaemics, this 9% aims to contri;ute to the glo;al iscussion ontrans1arency an accounta;ility with res1ect to IC) relationshi1s ;y see*ing to1rovie clarity to the following areas+` %eneral unerstanings of the laws, 1olicies,an 1rocesses through which governments ma*e re>uests to IC) com1anies thatmay im1act 1rivacy0` &ow IC) com1anies in such countries receive an 1rocess government re>uests0` )he

im1lications of these 1ractices for the 1rivacy an freeom of e-1ression of users, as well as ;roaer consierations

relate to law enforcement an national security0` <11ortunities for an challenges to greater

trans1arency, incluing legitimate law enforcement, national security, an otherconsierations0 ` )he 9% will focus, at least initially, on the 1ractices of IC) com1anies an governments in

areas that coul im1licate 1rivacy an free e-1ression as escri;e a;ove, an may also inclue ;roaer multiAsta*eholer iscussions on how IC) com1anies can res1ect human rights, an how governments can hel1 or hinercom1any e"orts to o so0

https://www.freedomonlinecoalition.com/how-we-work/working-groups/working-group-3/






A84 &e%&e% doesnDt sove F=C #%edibiit( – #auses inte%nationa

ba#.as

"FEW 1 [MA330 In letter to Freeom <nline Coalition, :%<s s1ea* out on

surveillance of rights organisations0htt1s+22www0ife-0org2international2345M24L2452surveillance6rights6organisations2 D25M'22*mc

In res1onse to Ewar Snowen@s testimony ;efore the Council of Euro1e that the :S! an %C& monitore the

con?ential communications of human rights an civil society organisations, PE: International as 1art ofa coalition human rights organisations sent a letter to mem;ers of the Freeom<nline Coalition (F<C7 on !1ril 33, 345M ;efore its u1coming annual meeting in )allinn, Estonia on !1ril 3A30

)he F<C is a leaing intergovernmental coalition, currently with 33 mem;ers,esta;lishe in 3455 with the e-1ress 1ur1ose of avancing Internet freeom (in

1articular, free e-1ression, assem;ly, association an 1rivacy online70 Both the S an K aremem;ers of the coalition0 ̀)he !1ril 33, 345M letter follows0 ` .ear inister, ` <n !1ril ,

345M, former S :ational Security !gency (:S!7 contractor Ewar Snowen testi?e ;efore the Parliamentary!ssem;ly of the Council of Euro1e (P!CE7 via vieoAconference that the :S! an the nite Kingom %overnmentCommunications &ea>uarters (%C&7 have use their surveillance ca1a;ilities to s1y on the communications of

human rights organi=ations an civil society grou1s, ;oth omestically an internationally0 Snowen i notreveal which grou1s the :S! or %C& have s1ie u1on, ;ut inicate that the ty1esof organi=ations whose communications ha ;een com1romise inclue maGorglo;al organi=ations similar to !mnesty International an &uman Rights 9atch, another :%<s0 ` Snowen e-1licitly tol P!CE mem;ers that the :S! ha 8s1eci?callytargete the communications of either leaers or sta" mem;ers in a num;er of1urely civil or human rights organi=ations U incluing omestically, within the;orers of the nite States08 ` If Snowen@s assertion is accurate, such facts woulnot only 1oint to fresh imensions of the overreach of :S! surveillance, ;ut also

woul constitute an outrageous ;reach of the S government@s state commitmentto human rights an freeom online0 It also raises the very real 1ossi;ility that these organi=ations@

communications with con?ential sources have ;een interce1te0 Sharing this information with other governments

coul 1ut victims an human rights efeners the worl over in imminent anger0 ` )he S fre>uentlycritici=es re1ressive states for unGusti?e government s1ying on human rightsorgani=ations, meia organi=ations, an civil society ;ecause such surveillance hasa chilling e"ect on freeom of e-1ression an association an constitutes a clearform of harassment an intimiation0 ` Furthermore, as you are well aware, the S anthe K have ta*en leaershi1 roles in the Freeom <nline Coalition (F<C7, theleaing intergovernmental coalition, esta;lishe in )he &ague on .ecem;er , 3455, for the 1ur1ose

of 8avancing Internet freeom A free e-1ression, association, assem;ly, an 1rivacy online A worlwie08 F=C

ebe%s ave oined in a sa%ed #oitent to $o%. togete% to voi#e#on#e%n ove% easu%es tat %est%i#t "nte%net )%eedo and to su&&o%tindividuas $ose uan %igts onine a%e #u%taied; ` F=C ebe%s aso

ave unde%ta.en obigations to ado&t and en#ou%age &oi#ies and

&%a#ti#es3 doesti#a( and inte%nationa(3 $i# ensu%e te &%ote#tion o) uan %igts and )undaenta )%eedos onine3 in &a%ti#ua% )%eedo o)

e?&%ession3 te %igt to &%iva#(3 )%eedo o) asseb( and a##ess to

in)o%ation; V If the allegations a;out S an K surveillance of human rights an

https://www.ifex.org/international/2014/05/01/surveillance_rights_organisations/




civil society organi=ations are true, such 1ractices woul contraict the e-1resscommitments mae ;y the S an the K to the F<C0 ` 9e, the unersigne civil society an

human rights organi=ations, see* clari?cation as to the allegations that the :S! an %C& monitore or aremonitoring the communications of our organi=ations, or of other civil society organi=ations, meia organi=ations,an human rights grou1s0 9here the facts su11ort these claims, we as* the S an K governments to e-1lain thereasons why this is occurring or has occurre in the 1ast, an the e-tent of such monitoring, its continuance, an its

Gusti?cation0 ` 9e call u1on mem;ers of the F<C to live u1 to their state commitmentto su11ort civil society mem;ers or Gournalists whose human rights online may have;een violate0 9e see* F<C mem;er assistance in ascertaining the unerlyingfactual ;asis for the Snowen allegations with res1ect to :S! an2or %C& s1yingon civil society an human rights grou1s, an in ensuring a halt to any violations ofour 1rivacy, freeom of e-1ression an other human rights online0 ` Sincerely, ` !ccess `

!vocacy for Princi1le !ction in %overnment ` !%EI! .E:SI ` !lternative Informatics !ssociation ` !mnestyInternational ` !R)ICJE 5 ` !sociaci\n e Internautas ` !ssociation for Progressive Communications (!PC7 ` Benetech ` Big Brother 9atch ` Bits of Freeom ` Brea;oar Society ` Bytes for !ll, Pa*istan ` Center forConstitutional Rights ` Center for .emocracy Q )echnology ` Center for Freeom of E-1ression an Freeom ofInformation (CEJE7, Palermo niversity School of Jaw ` Centre for Internet an Society, Bangalore, Inia ` Charity QSecurity :etwor* ` Committee to Protect $ournalists ` )he Constitution ProGect ` ContingenteX ` Council on!mericanAIslamic Relations (C!IR7 ` .igital Rights Founation ` .igital Rights Irelan ` Electronic Frontier Founation` Electronic Privacy Information Center (EPIC7 ` Founation for Information Policy Research ` Free Press ` Freeom

&ouse ` Freeom of the Press Founation ` %lo;al Woices !vocacy ` &i1ererecho ` &uman Rights in China ` &umanRights 9atch ` Institute for Re1orters@ Freeom an Safety ` International Feeration for &uman Rights (FI.&7 ` Jauarature u :et ` ovimento E%! ` :ew !merica Founation@s <1en )echnology Institute ` <nline Policy %rou1 `

<1en :et Korea ` <1eneia0org ` <1en)he%overnment0org ` Pano1ty*on Founation ` PE: !merican Center ` PE:International ` Privacy International ` ProGect <n %overnment <versight (P<%<7 ` Re1orters sans frontires ` SamuelsonA%lush*o Canaian Internet Policy Q Pu;lic Interest Clinic (CIPPIC7 ` Son )us .atos ` )hai :eti=en :etwor*` 9orl Press Freeom Committee ` 9orl Privacy Forum



A84 9u%veian#e e( 'A tat %eads Fontaine8e( auto% sa(s te U9 #an &us inte%net )%eedo and

aintain su%veian#e

Fontaine 201 'Richar Bring Ji;erty <nline Se1t

www0cnas0org2sites2efault2?les21u;licationsA1f2C:!S6BringingJi;erty<nline6Fontaine01f *f7

Reenergi=ing the Internet freeom agena ;egins with ac*nowleging that thenite States must 1romote that agena even as it #ontinues to engage inee#t%oni# su%veian#e aime at 1rotecting national security0 )he 0S0 government will

sim1ly have to enure some signi?cant amount of continuing criticism an o11osition0 !t the same time, it

shoul continue to raw a shar1 istinction ;etween surveillance for nationalsecurity 1ur1oses (in which all governments engage7 an monitoring as a means of 1oliticalre1ression (which emocracies o11ose70 )o those who see no istinction ;etween !merican surveillance an

that of autocracies, government oHcials shoul 1oint out that *ey legal guarantees matter+ the 0S0 Constitutions?rst amenment 1rotects against censorshi1 an 1olitical re1ression at home, while in autocratic systems suchsafeguars are none-istent or not enforcea;le0M



6eo#%a#( CP



**1n#8e?t4 8e U9F soud %evise its ee#tion &%o#ess b(4

>En#ou%aging vote% &a%ti#i&ation in &%ia%ies

>U&dating ee#tions in)o%ation

>Red%a$ing #ong%essiona dist%i#ts to avoid &a%tisansi&

>AN6 %eGui%ing dis#osu%e o) &oiti#a #ont%ibutions

8e #ounte%&an add%esses &a%tisansi& and o$ vote% tu%nout

$i# stie deo#%a#(

9no$e and i#.an 1 [<lym1ia Snowe an .an %lic*man0 Former Sen0

<lym1ia Snowe (RAaine7 an former !griculture Secretary an Re10 .an %lic*man(.AKan07 T)en 9ays to Strengthen !merican .emocracy0 $une 3M, 345M0htt1+22www01olitico0com2maga=ine2story2345M24N254AwaysAtoAstrengthenAamericanA

emocracyA5434/0html^i-==/fno1vIE'22Eer= )he current level of ysfunction in 9ashington is li*e nothing we coul have imagine when we ;egan our Gourneysin 1u;lic service0 Vet we are convince, ;ase on our ecaes of e-1erience encom1assing the legislative ane-ecutive ;ranches, that the status >uo of toay nee not constitute the new normal of tomorrow0 !s such, on

)uesay, as 1art of the Bi1artisan Policy Centers Commission on Political Reform, we

release more than N4 concrete an achieva;le recommenations that will im1rovethe feeral governments a;ility to function regarless of the ee1 ieologicalivies that e-ist ;oth among lawma*ers an the !merican 1u;lic, while aressing some of theroot causes of the 1olari=ation0 9hat are some 1olitically realistic reforms that coul signi?cantly

im1rove the way we governZ &ere are 54 *ey ieas to ?- the electoral 1rocess, return Congress to legislating an

enhance 1u;lic service0 10 "n#%ease vote% &a%ti#i&ation in &%ia%ies; <nly 34 1ercent of

eligi;le voters vote in congressional 1rimaries0 )he commission recommens that states an 1olitical1arties aim for /4 1ercent ;y 3434 an /L 1ercent ;y 343N0 Rather than a yearlong 1rocess

that confuses voters, we recommen a single $une congressional 1rimary ate, more o1en1rimaries an eliminating congressional caucuses an conventions0 2; Baan#ea##ess and integ%it( in ou% ee#tions0 9e recommen that states use the atarevolution to (57 ientify eligi;le, unregistere voters an o"er them the o11ortunityto register an (37 greatly im1rove the accuracy of voter rolls0 <; Ensu%e a )ai%

&%o#ess )o% d%a$ing #ong%essiona dist%i#ts )o reuce istrust ;etween the two 1arties, we

urge the ao1tion of reistricting commissions with the ;i1artisan su11ort of state legislatures an the electorate,

to avoi the *in of singleA1arty gerrymanering that has contri;ute to 1olitical1olari=ation0 ; )ac*le money in 1olitics !ll 1olitical contri;utions, incluing those mae to outsie an

ine1enent grou1s, shoul ;e isclose0 Cong%ess soud aso &ass egisation %eGui%ing

detaied dis#osu%e o) s&ending b( #ong%essiona eade%si& PACs an manatethat those funs ;e use solely for 1olitical activities, not 1ersonal use0 L0 Reform the ?li;uster an Senate e;ateEliminate the a;ility to ?li;uster the motion to 1rocee in other wors, ont allow ?li;usters on whether to move toe;ate a ;ill0 !n, at the same time, guarantee a minimum num;er of 54 amenments, s1lit ;etween the maGorityan minority, on each ;ill e;ate0

http://www.politico.com/magazine/story/2014/06/10-ways-to-strengthen-american-democracy-108203.html#ixzz3fnopvI9E






Ee#tions a%e te "7L to deo#%a#(Ee#tions $it integ%it( a%e .e( to deo#%a#(

Annan 1< (Ko? !nnan0 !nnan is a %hanaian i1lomat who serve as the seventh

SecretaryA%eneral of the nite :ations0 T.ee1ening .emocracy+ 9hy Elections

with Integrity atter0 arch M, 345/0 htt1+22theelers0org2article2ee1eningAemocracyAwhyAelectionsAintegrityAmatter722Eer=

Ee#tions $it integ%it( a%e te )oundation o) deo#%a#(; In a true emocracy, ourelecte leaers are sim1ly the tem1orary custoians of 1olitical 1ower the 1owerultimately rests with the 1eo1le0 9e elect leaers to act on our ;ehalf so that we can go a;out our lives,

caring for our families, teaching at our schools, staHng our hos1itals an running our ;usinesses0 !t election time,

the 1ower returns to the 1eo1le b an they in turn em1ower the electe0 Elections also 1rovie 1eo1lein each society with the o11ortunity to resolve 1olitical conict 1eacefully0 9henciti=ens go to the 1olls an cast their votes b whether in Kenya, the nite States or Inonesia b

they as1ire not only to elect their leaers, ;ut to choose a irection for their nation0 )heCommission e?nes an election with integrity as one that is T;ase on the

emocratic 1rinci1les of universal su"rage an 1olitical e>uality as reecte ininternational stanars an agreements, an is 1rofessional, im1artial an trans1arent in its

1re1aration an aministration throughout the electoral cycle0 !t its core, the ieal of electoral integritymeans that all voters shoul have an e>ual o11ortunity to 1artici1ate in 1u;lice;ate an cast their ;allots, all votes are counte e>ually, an all caniatessee*ing election o so on a level 1laying ?el0



at4 CP Lin.s to P8W9no$e and i#.an 1 indi#ate tat te #u%%ent ee#tion

s(ste is #ont%ibuting to &a%tisan g%ido#.> tings i.e

#ong%essiona dist%i#ts a%e not bi&a%tisan in te status Guo>

-?ing te &%obes in ee#tions #ont%ibuting to &a%tisansi& isbi&a%tisan;



at4 6eo#%a#( CP

Ee#tion %e)o% is su&e% &a%tisan> &ast #ont%ove%sies ove%

u%isdi#tion &%ove> in.s to &oiti#s

6eitt 1 (:athan .e9itt0 Professor of English an Philoso1hy at .ePaulniversity0 TPresiential Commission on Election !ministration o"ers worthwhileieas for reform (;ut ont hol your ;reath70 $anuary 3/, 345M0htt1s+22com1liancecam1aign0wor1ress0com2345M24523/21resientialAcommissionAonAelectionAaministrationAo"ersAieasAforAreformA;utAontAholAyourA;reath2722Eer=

)he Presiential Commission on Election !ministration yesteray 1resente its ?nal re1ort with a series ofrecommenations esigne to hel1 elections oHcials im1rove the voting 1rocess in the nite States0 )he re1ort isthe result of a si-Amonth stuy conucte ;y the ;i1artisan 54Amem;er commission focuse on the election ay

1ro;lems that have 1lague voting in recent 0S0 elections0 !t ?rst glance, it may a11ear to somethat the commission is attem1ting to limit iscussion of 0S0 electoral 1ro;lems to

sim1le an relatively uncontroversial issues such as moerni=ing voting technologyan reucing average wait times for voters0 ()he commission 1ro1oses a ma-imum nationwie

wait time of /4 minutes07 !s Ben $aco;s at the .aily Beast 1ointe out, T )he commission oge issuesnormally associate with 1artisan ;attles, such as voter I. an the Woting Rights!ct0 !voiing even more contentious matters such as o1ening u1 the twoA1arty system to multiA1arty com1etition

or leveling the 1laying ?el ;y im1lementing genuine cam1aign ?nance reform, the commissions *eyrecommenations call for+ moerni=ing the registration 1rocess through continue e-1ansion of online voterregistration an e-1ane state colla;oration in im1roving the accuracy of voter lists im1roving access to the 1ollsthrough e-1ansion of the 1erio for voting ;efore the traitional Election .ay, an through the selection of suita;le,wellAe>ui11e 1olling 1lace facilities, such as schools introucing stateAofAtheAart techni>ues to assure eHcientmanagement of 1olling 1laces an, reforming the stanarAsetting an certi?cation 1rocess for new votingtechnology to aress soonAtoA;e anti>uate voting machines an to encourage innovation an the ao1tion ofwiely availa;le o"AtheAshelf technologies0 .elving a little ee1er into the re1ort, there a11ear to ;e severalworthwhile recommenations that are sur1risingly fran* in their criticism of the highly awe 0S0 electoral system0Some of the ocuments most useful recommenations argua;ly 1ertain to im1roving the general 1rofessionalismof election aministration in the nite States0 )he re1ort e-1lains the uni>ue nature of the 0S0 electoral system inrelation to the rest of the worl, with most other electoral systems having central election commissions that governnational elections0 T<ther countries e-hi;it one or another of these features in their election systems, ;ut nonehave the 1articular com;ination that characteri=es aministration in the nite States, the re1ort e-1lains0T.ecentrali=ation an reliance on volunteers ensure that the >uality of aministration varies ;y Gurisiction an

even ;y 1olling 1lace0 )he invoveent o) oI#ias $it &a%tisan aIiations eans

tat te %ues o% tei% inte%&%etations $i be sube#t to #a%ges o)

&a%tisansi& de&ending on $o stands to $in )%o te oI#iasD de#isions0

<ne overriing 1ro;lem that the commission ienti?e was the 1artisan nature of election aministration0 Becauseall election oHcials (whether electe or a11ointe7 are selecte on a 1artisan ;asis, Tthose who run our electionsare su;Gecte to com1eting 1ressures from 1artisans an 1olitical constituencies, on the one han, an theiro;ligation to the voting 1u;lic as a whole, on the other, the commission note0 Because the selection of electionoHcials on a 1artisan ;asis can ris* 1u;lic con?ence in the >uality an im1artiality of aministration, thecommission recommene that the res1onsi;le agency in every state shoul have on sta" iniviuals chosen solelyon the ;asis of e-1erience an e-1ertise0 In a section of the re1ort on TIncor1oration of Recommenations ae ;y<ther Commissions an <rgani=ations, there is curiously no mention of recommenations mae ;y the<rgani=ation for Security an Coo1eration in Euro1e, which has ;een o;serving 0S0 elections since 3443, or thelongAoutstaning recommenations of the 344L Commission on Feeral Election Reform, the soAcalle CarterABa*er

Commission0 In its 1reliminary 1ostAelection statement issue in :ovem;er 3453, the <SCE remine 0S0authorities of the D recommenations of the CarterABa*er Commission, most ofwhich have never ;een im1lemente0 <ne of that commissions most im1ortant recommenations

was for the nite States to move towar non1artisan election aministration0 CarterABa*er recommene in



1articular that states stri1 election res1onsi;ilities from 1artisan electe secretaries of state, 1lacing them insteain the hans of 1rofessional election aministrators a11ointe ;y governors an a11rove ;y a su1ermaGority voteof state legislators0 )here are several other im1ortant issues that are cons1icuously a;sent from the re1ort releaseyesteray ;y the Presiential Commission on Election !ministration, some of which have ;een re1eatelyhighlighte as 1ro;lematic ;y international election o;servers of the <SCE0 )here is no mention in the re1ort, fore-am1le, of the electionArigging 1ractice *nown as gerrymanering, which ena;le Re1u;licans to *ee1 control ofthe &ouse of Re1resentatives es1ite losing the 1o1ular vote nationwie ;y 50M million votes in 34530 In a recent1u;lication outlining ;est electoral 1ractices for <SCE mem;er states (incluing the 0S07, the <SCE <Hce for.emocratic Institutions an &uman Rights tacitly critici=e the !merican system of rawing congressional istricts0TElectoral constituencies shoul ;e rawn in a manner that 1reserves e>uality among voters, note <.I&R, aingthat Tthe manner in which constituencies are rawn shoul not circumvent the 1rinci1le of e>ual su"rage0 Vet,many 0S0 states use an arcane an highly 1olitici=e system of rawing istrict ;ounaries ;ase on 1ast votinghistories an racial com1osition in orer to ilute the voting 1ower of certain grou1s an virtually ensure 1referreelectoral outcomes0 Following the 3454 census an reistricting 1rocess, the %<P gerrymanere congressionalistricts in such a way to guarantee Re1u;lican victories0 )here is also the matter of 1ermanent felonisenfranchisement in many 0S0 states, which contravenes the international o;ligation of the nite States toensure universal an e>ual su"rage to each citi=en who has reache the age of maGority0 Vet, in the 0S0, anestimate L0L million !mericans are enie the right to vote (or see* oHce7 ;ecause of laws that isenfranchise1eo1le with felony convictions0 Because of institutionali=e racial is1arities in the criminal Gustice system, these1olicies have resulte in one of every 5/ !frican !mericans una;le to vote0 )he <SCE has re1eately e-1resseserious concerns over the is1ro1ortionate im1act of felon isenfranchisement in the nite States0 !s e-1laine inits ?nal re1ort on Election 3453, inorities are is1ro1ortionately a"ecte an it is estimate that 303 million!fricanA!mericans are isenfranchise0 Prisoner an e-1risoner voting rights are etermine ;y state law an vary

wiely0 Citi=ens from i"erent states, who have committe the same crime, have their voting rights a"ectei"erently0 Restrictions are often is1ro1ortionate to the crime committe an some states o not i"erentiate;etween ty1es of crimes0 Four states e1rive all 1eo1le with a criminal conviction of the right to vote, irres1ectiveof the gravity of the crime or if the sentence has ;een serve, unless 1arone ;y the state governor0 !nothermaGor 1ro;lem in the nite States is the iscriminatory laws against ine1enent, or Tthir, 1arties0 T)he legalframewor* shoul ensure that all 1olitical 1arties an caniates are a;le to com1ete in elections on the ;asis ofe>ual treatment ;efore the law, e-1laine the <SCE0 .es1ite some of these nota;le ommissions, the reaction fromelection reform avocates to the re1ort release yesteray seems to ;e generally 1ositive0 )he Jeague of 9omenWoters Presient Elisa;eth ac:amara sai, 9e are 1lease to see that the ;i1artisan Commission was a;le to rollu1 their sleeves an get to wor* on some of the enemic trou;les 1laguing our nations 1olling 1laces0 PCE!s1rescri1tion for what to o a;out lac* of resources, inae>uate com1liance with feeral laws, the nee for1rofessionali=ation of the election wor*force, an creating a ;enchmar* of no one waiting to vote longer than /4minutes, are ;aly neee ?-es for election aministrators an voters0 Common Causes Karen &o;ert Flynn notethat 9hile some of the commissions recommenations re>uire legislative action an a11ro1riations, state an localelection oHcials shoul act on others on their own initiative0 For e-am1le, voting locations often can ;e ;etter

organi=e, an sam1le ;allots 1rinte more clearly an istri;ute earlier without ae costs0 !ll thats neee isthe will to act0 But unfortunately, as te #oission itse) &oints out3 due to +te#o&e?it( and va%iation in o#a ee#tion adinist%ation X no set o)

&%a#ti#es #an be #onside%ed YbestD )o% eve%( u%isdi#tion;, Some reforms that wor*

well in certain conte-ts will ;e unnecessary or fail in others, note the commission0 In other wors, ont hol your;reath for any meaningful an com1rehensive nationwie election reform0



6o#to% Patient 8%ust



**1n#8e?t4 8e United 9tates Fede%a ove%nent soud t%a#.

eat#a%e #o&aniesD Guait( o) #a%e using te 6e&a%tent o)

eat and uan se%vi#es to evauate eat #a%e #o&anies;

"nstitutiona t%ust is .e( to &atient do#to% t%ust

Ro$e and Canan (Rosemary Rowe an ichael Calnan0 Professor of eical

Sociology, School of Social Policy, Sociology an Social Research at the niversity of Kent. T)rust Relations in &ealth CareA the :ew !gena0 344N0htt1+22eur1u;0o-forGournals0org2content2eur1u;25N252M0full01f722Eer=

%iven that trust remains im1ortant, how can new forms of trust relations ;e evelo1e an sustaineZ )here isconsiera;le evience as to what factors encourage 1atient trust in clinicians+ theclinicians technical com1etence, res1ect for 1atient views, information sharing, antheir con?ence in 1atients a;ility to manage their illness0 Patient 1artici1ation 1er se oes

not necessarily result in higher trust, rather it is associate with value congruence regaring 1artici1ation, 1atientinvolvement 1rouce higher trust where 1atients wante to 1artici1ate0 In contrast, evience as to what ;uilsinstitutional trust is s1arse, with trust relations ;etween 1roviers an ;etween 1roviers an managers a

1articularly neglecte area0 &all et al S survey of &< mem;ers foun that system trustcoul hel1 the evelo1ment of inter1ersonal trust, where there was no 1rior*nowlege of the clinician, ;ut it is not *nown how inter1ersonal trust a"ectsinstitutional trust0 eical errors an cost containment are associate with istrustof health care systems, whereas relationshi1 ;uiling with the local community isregare as an im1ortant trust ;uiling mechanism0 &owever, little research has ;een

conucte to ientify how i"erent moes of governance a"ect institutional trust0 )he focus of trust relationshi1s

may of course i"er accoring to the moel of health care elivery in a%.et based s(stes su#

as te U9 &atient t%ust a( be o%e i&o%tant to se#u%e o(at( to

&a%ti#ua% &%ovide%s whereas in ta-A?nance systems which are organi=e ;y national or regional

agencies 1u;lic trust may ;e more necessary0 &owever, as health systems converge an increasingly sharecommon challenges incluing+ 1roviing ae>uate 1atient choice managing a mi-eeconomy of 1rovision an more e-1licit rationing, then ;oth inter1ersonal aninstitutional trust will continue to ;e im1ortant for all health systems0 In conclusion, we

woul argue that clinicians an managers nee to aress an res1on to the changingnature of trust relations in health care0 )he ;ene?ts of trust emonstrate the value to ;e )rust an

the sociology of the 1rofessions L gaine from ensuring that ;oth inter1ersonal an institutional trust areevelo1e, sustaine, an where necessary re;uilt0 )rust is still funamental to the clinicianb1atient relationshi1 ;utas that relationshi1 has change so has the nature of trust0 )rust is now conitional an has to ;e negotiate ;ut,whilst clinicians may have to earn 1atients trust, there is goo evience as to what is re>uire to ;uil an sustainsuch inter1ersonal trust0 )he lac* of *nowlege a;out how institutional trust can ;e evelo1e inicates the neefor research, ieally through interAcountry com1arisons to ientify whether such trust varies ;y health system anhow it can ;e generate0 )he cost of failing to recogni=e the im1ortance of trust an to aress the changing natureof trust relations coul ;e su;stantial+ economically, 1olitically, an most im1ortant of all, in terms of healthoutcomes0



ove%nent onito%ing o) eat#a%e Guait( ensu%es t%ust in

&atients

CZCA Y1 (Committee on the uality of &ealth Care in !merica0 TCrossing the

uality Chasm+ ! :ew &ealth System for the 35st Century0 arch 5, 34450htt1+22www0nc;i0nlm0nih0gov2;oo*s2:BK3333NL2722Eer=

Recommenation 3+ !ll health care organi=ations, 1rofessional grou1s, an 1rivate an 1u;lic 1urchasers shoul1ursue si- maGor aims s1eci?cally, health care shoul ;e safe, e"ective, 1atientAcentere, timely, eHcient, an

e>uita;le0 )he committee ;elieves su;stantial im1rovements in safety, e"ectiveness, 1atientAcentereness, timeliness, eHciency, an e>uity are achieva;le throughout thehealth care sector0 )his o11ortunity for im1rovement is not con?ne to any sector, form of 1ayment, ty1e of

organi=ation, or clinical isci1line0 Pro;lems in health care >uality a"ect all !mericans toay,an all can ;ene?t from a reeication to im1roving >uality, regarless of where they receive

their care0 )he committee a11laus the !ministration an Congress for their current e"orts to esta;lish amechanism for trac*ing the >uality of care0 )itle IX of the Pu;lic &ealth Service !ct (M3 0S0C0 3 et se>0 !gencyfor &ealthcare Research an uality Part !7 1rovies su11ort for the evelo1ment of a :ational uality Re1ort,which is currently ongoing0 Section 5/(a7(37 of the act states+ TBeginning in ?scal year 344/, the Secretary, actingthrough the .irector, shall su;mit to Congress an annual re1ort on national trens in the >uality of health care

1rovie to the !merican 1eo1le0 Recommenation /4 Cong%ess soud #ontinue to auto%i:eand a&&%o&%iate )unds )o%3 and te 6e&a%tent o) eat and uan

9e%vi#es soud ove )o%$a%d e?&editious( $it te estabisent o)3onito%ing and t%a#.ing &%o#esses )o% use in evauating te &%og%ess o)

te eat s(ste in &u%suit o) te above>#ited ais o) sa)et(3

ee#tiveness3 &atient>#ente%edness3 tieiness3 eI#ien#(3 and eGuit(; )heSecretary of the .e1artment of &ealth an &uman Services shoul re1ort annuallyto Congress an the Presient on the >uality of care 1rovie to the !merican1eo1le0 9ithout ongoing trac*ing of >uality to assess the country@s 1rogress in meeting the aims set

forth in this cha1ter, intereste 1artiesYincluing 1atients, health care 1ractitioners, 1olicyma*ers, eucators, an 1urchasersYcannot ientify 1rogress or unerstan where

im1rovement e"orts are most neee0 Continue funing for this activity shoul ;e ensure0



6%one 9t%i.es CP



**1n#8e?t4 8e United 9tates Fede%a ove%nent soud

• End signatu%e st%i.es

• Liit ta%geted .iings to a iited nube% o) s&e#i-#

te%%o%ists

• "&%ove #ong%essiona ove%sigt o) d%one st%i.es

• Continue %est%i#tions on a%ed d%one saes

• o%. inte%nationa( to estabis %ues and no%s

gove%ning te use o) d%ones[en.o 1<Yicah is a Senior Fellow in the Center for Preventive !ction (CP!7 at the Councilon Foreign Relations (CFR70 Previously, he wor*e for ?ve years at &arvar niversity@sKenney School of %overnment, an in 9ashington, .C, at the Broo*ings Institution,Congressional Research Service, an State .e1artment@s <Hce of Policy Planning0

(TReforming 0S0 .rone Stri*e Policies $anuary 345/ htt1+22www0cfr0org2warsAanAwarfare2reformingAusAroneAstri*eA1olicies213D/N722$Jee

en*o 1uts forwar a su;stantive agena0 &e argues that the nite States shoulen soAcalle signature stri*es, which target unienti?e militants ;ase on their ;ehavior 1atterns an

1ersonal networ*s, an limit targete *illings to a limite num;er of s1eci?c terrorists withtransnational am;itions0 &e also calls Congress to im1rove its oversight of ronestri*es an to continue restrictions on arme rone sales0 Finally, he recommens thatthe nite States wor* internationally to esta;lish rules an norms governing theuse of rones0



>>?t 9oves U9>EU ReationsCP soves/6%ones a%e ated o%e tan su%veian#e b( te EU

/en#ou%ages a iiting o) d%one st%i.es6$o%.in 1</!nthony is a senior 1olicy fellow at ECFR, where he leas the organisations

wor* in the area of human rights, emocracy, an Gustice0 (T!ctually, rones worry Euro1emore than s1ying $uly 5, 345/htt1+22www0ecfr0eu2article2commentary6actually6rones6worry6euro1e6more6than6s1ying722$Jee

Relations ;etween the nite States an Euro1e hit a low 1oint following revelations that 9ashington

was s1ying on Euro1ean nion ;uilings an harvesting foreign email messages0 Behin the scenes, though, it is not ata1rotection an surveillance that 1rouces the most com1lications for thetransatlantic intelligence relationshi1, but %ate% Ae%i#as use o) a%ed

d%ones to .i te%%o%ist sus&e#ts a$a( )%o te batte-ed0 Incients such as the recent

*illing of at least 5D 1eo1le in Pa*istan are therefore only li*ely to heighten Euro1ean unease0 In 1u;lic, Euro1eangovernments have is1laye a curiously 1assive a11roach to !merican rone

stri*es, even as their num;er has escalate uner Barac* <;amas 1resiency0 any Euro1eans ;elieve thatthe maGority of these stri*es are unlawful, ;ut their governments have maintainean uneasy silence on the issue0 )his is 1artly ;ecause of the uncomforta;le fact that information 1rovie ;y

Euro1ean intelligence services may have ;een use to ientify some targets0 It is also ;ecause of a reluctanceto accuse a close ally of having violate international law 0 !n it is 1artly ;ecause Euro1ean

countries have not wor*e out e-actly what they thin* a;out the use of rones an how far they agree within the Euro1ean nion on

the >uestion0 :ow, however, Euro1es mute stance on rone stri*es loo*s li*ely tochange0 9hyZ For one thing, many Euro1ean countries are now trying to ac>uire arme rones themselves, an this gives them

an incentive to s1ell out clearer rules for their use0 ore im1ortantly, 1erha1s, Euro1eans have notice that rones are 1roliferating

ra1ily, an that countries l i*e China, Russia an Saui !ra;ia are soon li*ely to 1ossess them0 )here is a clearEuro1ean interest in trying to esta;lish some restrictive stanars on rone use;efore it is too late0 For all these reasons, many Euro1ean countries are now

conucting internal reviews of their 1olicy on rones, an iscussions are also li*ely to start at a 1anA

Euro1ean level0 But as Euro1eans ;egin to articulate their 1olicy on the use of rones, a;igger >uestion looms0 Can Euro1e an the nite States come together to agreeon when rone stri*es are 1ermissi;leZ ntil now, that woul have seeme im1ossi;le0 Since the Se1tem;er

55 attac*s, the nite States has ;ase its counterterrorism o1erations on the claim that it is engage in a worlwie arme conictwith al aea an associate forces Y an iea that Presient <;ama inherite from Presient %eorge 90 Bush an has ;een *e1t asthe ;asis for an e-1ane rone stri*e cam1aign0 Euro1ean countries have generally reGecte this claim0 &owever, the changes to

!merican 1olicy that Presient <;ama announce in ay coul o1en the way to at least the 1ossi;ility of a ialogue0 <;amasuggeste that he antici1ate a time in the notAtooAistant future when the armeconict against al aea might come to an en0 ore su;stantially, he mae clear that his aministration was in the

1rocess of switching its 1olicy so that, outsie =ones of hostilities, it $oud on( use d%one st%i.es

against individuas $o &osed a #ontinuing and iinent t%eat to te

U;9; )hat is a more restrictive stanar than the claim that any mem;er of alaea or an associate force coul lawfully ;e *ille with a rone stri*e at any time0Euro1ean countries might ;e more willing to acce1t an a11roach ;ase on this *inof TselfAefense iea0 &owever, there remain some ;ig stum;ling ;loc*s0 First, a goo eal a;out <;amas new

stanars is still unclear0 &ow oes he e?ne a T=one of hostilities, where the new rules will not a11lyZ !n what is hisunerstaning of an Timminent threatZ Euro1ean countries are li*ely to inter1ret these *ey terms in a much narrower way than thenite States0 Secon, <;amas new a11roach only a11lies as a 1olicy choice0 &is more e-1ansive legal claims remain in the

;ac*groun so that he is free to return to them if he wishes0 But if the nite States is serious a;outwor*ing towar international stanars on rone stri*es, as <;ama an his oHcials

http://www.ecfr.eu/article/commentary_actually_drones_worry_europe_more_than_spying)//JLee






have sometimes suggeste, then Euro1e is the o;vious 1lace to start0 !n there are a num;er of ste1s the

aministration coul ta*e to ma*e an agreement with Euro1ean countries more li*ely0 For a start, it soud #ut

ba#. te nube% o) d%one st%i.es an ;e much more o1en a;out the reasons for the attac*s it conucts

an the 1rocess for reviewing them after the fact0 It shoul also eabo%ate its #%ite%ia )o%dete%ining $o &oses an iinent t%eat in a way that *ee1s attac*s within

tight limits0!n, as 0S0 forces 1re1are to withraw from !fghanistan in 345M, it shoul *ee1 in min the 1ossi;ility of

eclaring the war against al aea to ;e over0 !ll this sai, Euro1e also has some tough ecisions toma*e, an it is unclear whether Euro1ean countries are reay to ta*e a har loo* attheir views a;out rone stri*es, aressing any wea*nesses or inconsistencies in their own 1osition0 If they are,

the ne-t few years coul o"er a ;rea*through in evelo1ing international stanars for the use of this new *in of wea1on, ;eforethe regular use of rones s1reas across the glo;e0



>>?t 9oves 8e%%o%is8o& iita%( oI#ia – d%one st%i.es #ause te%%o%

ussain 2015 (urta=a Retire %eneral+ .rones Create ore )errorists )han

)hey Kill, Ira> 9ar &el1e Create ISIS $ul 5N

htt1s+22?rstloo*0org2theinterce1t2345L24D25N2retireAgeneralAronesAcreateAterroristsA*illAira>AwarAhel1eAcreateAisis2 *f7

Retire !rmy %en0 i*e Flynn, a to1 intelligence oHcial in the 1ostA255 wars in Ira> an

!fghanistan, says in a forthcoming interview on !l $a=eera English that te d%one $a% is #%eatingo%e te%%o%ists tan it is .iing; &e also asserts that the 0S0 invasion of Ira> hel1e create the

Islamic State an that 0S0 soliers involve in torturing etainees nee to ;e hel legally accounta;le for theiractions0 Flynn, who in 345M was force out as hea of the .efense Intelligence !gency, has in recent months;ecome an outs1o*en critic of the <;ama aministrations ile East strategy, calling for a more haw*isha11roach to the Islamic State an Iran0 But his enthusiasm for the a11lication of force oesnt e-ten to the use ofrones0 In the interview with !l $a=eera 1resenter ehi &asan, set to air $uly /5, the former three star general

says+ T9hen you ro1 a ;om; from a rone U you are going to cause more amagethan you are going to cause goo0 Presse ;y &asan as to whether rone stri*es are creating more

terrorists than they *ill, Flynn says, TI ont isagree with that0 &e escri;es the 1resent a11roach of d%one$a%)a%e as +a )aied st%ateg(;,

8e CP soves/d%ones do not do an(ting to sove te%%o%is/

ote% iita%( te# soves[en.o 1<Yicah is a Senior Fellow in the Center for Preventive !ction (CP!7 at the Councilon Foreign Relations (CFR70 Previously, he wor*e for ?ve years at &arvar niversity@sKenney School of %overnment, an in 9ashington, .C, at the Broo*ings Institution,Congressional Research Service, an State .e1artment@s <Hce of Policy Planning0(TReforming 0S0 .rone Stri*e Policies $anuary 345/ htt1+22www0cfr0org2warsAanA

warfare2reformingAusAroneAstri*eA1olicies213D/N722$Jee

) e #obination o) &e%sisten#e and %es&onsiveness3 ig>Guait(_

inteigen#e in)%ast%u#tu%es3 and ta#it ost>state su&&o%t ave ade_ d%ones te &%eeinent too )o% U;9; eta o&e%ations against sus&e#ted_

te%%o%ists an militants where states are una;le to singlehanely_ eal with the threat they 1ose0 !s a result,

d%ones are not Gust another_ Reforming 0S0 .rone Stri*e Policies_ wea1ons 1latform0 Instea, they

&%ovide te United 9tates $it a distin#t_ #a&abiit( tat signi-#ant(

%edu#es an( o) te ine%ent &oiti#a3_ di&oati#3 and iita%( %is.s o)

ta%geted .iings0_ Com1are to other military tools, te advantages o) using d%onesY_

1articularly, that they avoi irect ris*s to 0S0 servicemem;ersY_ vast( out$eig te iited

#osts and #onseGuen#es0 .ecisionAma*ers_ are now much more li*ely to use lethal force against a

range of 1erceive_ threats than in the 1ast0 Since 255, over L 1ercent of all non;attle?el _ targete *illings have;een conucte ;y ronesYthe remaining attac*s_ were $S<C rais an !CA5/4 gunshi1s an o"shore seaA or airAlaunche_ cruise missiles0 !n the fre>uency of rone stri*es is only increasing_ over time0 %eorge 90 Bushauthori=e more non;attle?el targete_ *illing stri*es than any of his 1reecessors (L47, an Barac* <;ama_ has

more than se1tu1le that num;er since he entere oHce (/L470 Vet _ $itout an( eaning)u

#e#.sYim1ose ;y omestic or international_ 1olitical 1ressureYor sustaine oversight from other ;ranches of

government,_ 0S0 rone stri*es create a moral ha=ar ;ecause of the negligi;le_ ris*s from such stri*es an theun1receente isconnect ;etween_ !merican oHcials an 1ersonnel an the actual e"ects on the groun05M_

&owever, targete *illings ;y other 1latforms woul almost certainly_ inict greater collateral amage, an te

http://www.cfr.org/wars-and-warfare/reforming-us-drone-strike-policies/p29736)//JLee






ee#tiveness o) d%ones a.es_ ta%geted .iings te o%e i.e( &oi#(o&tion com1are to ca1turing_ sus1ecte militants or other nonmilitary o1tions0

CP soves te%%o%is[en.o 1</icah is a Senior Fellow in the Center for Preventive !ction (CP!7 at the Councilon Foreign Relations (CFR70 Previously, he wor*e for ?ve years at &arvar niversity@s

Kenney School of %overnment, an in 9ashington, .C, at the Broo*ings Institution,Congressional Research Service, an State .e1artment@s <Hce of Policy Planning0(TReforming 0S0 .rone Stri*e Policies $anuary 345/ htt1+22www0cfr0org2warsAanAwarfare2reformingAusAroneAstri*eA1olicies213D/N722$Jee

)he 0S0 use of arme rones has two uni>ue avantages over manne_ aircraft, istant missile stri*es, an s1ecial

o1erations rais when_ it comes to estroying targets0 First, d%ones ao$ )o% sustained

&e%sisten#e_ ove% &otentia ta%gets0 8e e?isting U;9; a%sena o) a%ed_

d%onesY1rimarily the Preator an Rea1erY#an %eain ao)t, fully_ loae with munitions, )o%

ove% )ou%teen ou%s, #o&a%ed to )ou%_ ou%s o% ess )o% F>1 -gte% ets an

!A54 groun attac* aircraft0L !n_ unli*e manne aircraft or rais, d%ones ( di%e#t( ove% ostie

te%%ito%(_ $itout &a#ing &iots o% g%ound t%oo&s at %is. o) inGury, ca1ture,_ or

deat0_ Secon, d%ones &%ovide a nea%>instantaneous %es&onsiveness/_

d%aati#a( s%in.ing what 0S0 military targeting e-1erts call te_ +-nd>-?>-nis, oo&Y

that most other 1latforms lac*0 For e-am1le,_ a d%one>-%ed issie t%aves )aste% tan te

s&eed o) sound3 st%i.ing a_ ta%get $itin se#ondsYoften ;efore it is hear ;y 1eo1le on

the groun0_ )his a;ility stans in star* contrast to the !ugust 5 cruise missile _ salvo targeting <sama ;inJaen, which ha to ;e 1rogramme ;ase_ on 1roGections of where he woul ;e in four to si- hours, to allow time _ to analy=e the intelligence, o;tain 1resiential authori=ation, 1rogram_ the missiles, an y them to the target0NIntercontinental ;allistic missiles_ (ICBs7 loae with conventional munitions can reach istant_ targets muchfaster than cruise missiles, ;ut they carry the ire ris* of _ misattri;ution as a 0S0 nuclear ?rst stri*e against Russia

or China, for_ instance0 Finally, d%one>-%ed issies #an be/and ave been/dive%ted_

at te ast oent i) non#obatants ente% te i.e( bast %adius;







>>?t 9oves C%edibiit(CP soves #%edibiit(/d%one st%i.es $i a$a(s be baed on

te U9[en.o 1</icah is a Senior Fellow in the Center for Preventive !ction (CP!7 at the Council

on Foreign Relations (CFR70 Previously, he wor*e for ?ve years at &arvar niversity@sKenney School of %overnment, an in 9ashington, .C, at the Broo*ings Institution,Congressional Research Service, an State .e1artment@s <Hce of Policy Planning0(TReforming 0S0 .rone Stri*e Policies $anuary 345/ htt1+22www0cfr0org2warsAanAwarfare2reformingAusAroneAstri*eA1olicies213D/N722$Jee

)he 1ro;lem with maintaining that rone stri*es are covert is that ;oth the !merican an international1u;lics often misunerstan how rones are use0 !n in a"ecte states, citi=ensoften ;lame the nite States for collateral amage that coul have ;een cause ;ythe host states own wea1on systems0 !ccoring to a recent re1ort from Vemen+ Its e-tremelyiHcult to ?gure out who is res1onsi;le for any given stri*e0 0 0 0 It coul ;e a manne 1lane

from the Vemeni !ir Force or the 0S0 military0 <r it coul ;e an unmanne rone own ;y the 0S0 military or the

CI!0 0 0 0 But no matter who launches a 1articular stri*e, Vemenis are li*ely to ;lame iton the !mericans0 9hats more, we foun that many more civilians are ;eing *ille than oHcials

ac*nowlege0/D Congressional oversight of rone stri*es varies e1ening on whether the CI! or the 0S0 military isthe lea e-ecutive authority0 )he CI!, accoring to the chair of the Senate Select Committee on Intelligence,Senator .ianne Feinstein, meets its Tfully an currently informe legal o;ligations through Tmonthly inAe1thoversight meetings to review stri*e recors an >uestion every as1ect of the 1rogram0/ Iniviual $S<C stri*esare not re1orte to the relevant arme services committees, ;ut are covere uner the ;roa s1ecial access

1rogram ;iannual re1orting to Congress0 !ccoring to senior sta" mem;ers on the Senate ForeignRelations Committee an &ouse Foreign !"airs Committee, many of their 1eers havelittle unerstaning of how rone stri*es are conucte within the countries forwhich they are res1onsi;le for e-ercising oversight0 Even serving 9hite &ouseoHcials an mem;ers of Congress re1eately ma*e inaccurate statements a;out0S0 targete *illings an a11ear to ;e unaware of how 1olicies have change over

the 1ast ecae0/ !t the same time, the Guiciary committees have ;een re1eately enie access to the $une 3454 <Hce of Jegal Counsel memoranum that 1resente the legal ;asis for the rone stri*e that *ille 0S0

citi=en an allege leaer of !!P !nwar alA!wla*i in Se1tem;er 34550M4 Finally, es1ite nearly tenyears of non;attle?el targete *illings, no congressional committee has conuctea hearing on any as1ect of them03







at4 Lin.s to te 8e%%o%is 6A%ong/te( ust a%e ust a %e#%uitent too )o% te%%o%ist/CP

sovesAbbas 1</&assan is a senior avisor at !sia Society an the author of the forthcoming

;oo* )he )ali;an Revival0 (T&ow .rones Create ore )errorists !ugust 3/, 345/htt1+22www0theatlantic0com2international2archive2345/242howAronesAcreateAmoreAterrorists23DDM/2722$Jee

.rone stri*es may create more Gihai militants 0 (I;raheem !;u ustafa2Reuters7 Recently,strong evience has ;egun to suggest that terrorists use rone stri*es as arecruitment tool0 <f course, the value of rones in the arena of intelligenceAgathering an secret surveillance

of foes (an even friens7 is unmista*a;le0 In war=ones too, it can su11ort groun o1erations in signi?cant an even

ecisive ways0 :one of this is controversial, though the ones on the receiving en will certainly not li*e it0 9hat ise;ata;le is its use as a counterAterrorism instrument in theaters that are noteclare war =ones, or in cases where a sovereign state is not fully an 1u;licly on ;oar with this 1olicy0

Jac* of trans1arency in regulations that govern this new ty1e of warfare, the

unveri?a;le nature of targets, an >uestions over the crei;ility of intelligence only com1licates thematter0 ar* Bowen@s im1ortant contri;ution to the rone e;ate raises critical >uestions that

1olicy ma*ers will ;e wise to consier for the future use of this new tool of war0 <ne of the im1ortantarguments mentione in the 1iece revolves aroun the notion that rone stri*esmight ;e less 1rovocative than groun assaults for terrorists, meaning that stanar warfare

might create more terrorists than rones o0 Jets ?rst acce1t what is o;vious+ more civilians are *ille in stanar

warfare, an the history of warfare in the 34th century suHciently 1roves the 1oint0 9hen it comes torones stri*es, the ratio of civilian eaths is certainly lower, ;ut the issue is nota;out the num;er of civilian casualties alone 0 )he inherently secret nature of the wea1oncreates a 1ersistent feeling of fear in the areas where rones hover in the s*y, an the ho1elessness of

communities that are on the receiving en of stri*es causes severe ;ac*lash AA ;oth in terms of antiA0S0o1inion an violence0 Res1onse to rone stri*es comes in many varieties0 First,revenge is targete at those within the easy range of the insurgents an militants0 )he victims of those revenge terrorist attac*s also consier the rone stri*es res1onsi;le for all the mayhem0

Conse>uently, terrorists an orinary 1eo1le are rawn closer to each other out ofsym1athy, whereas a critical function of any successful counterAterrorism 1olicy is to

win over 1u;lic con?ence so that they Goin in the cam1aign against the 1er1etrators of terror0 Poor 1u;licawareness AA which is often a function of inae>uate eucation AA a;out terroristorgani=ations inee 1lays a role in ;uiling this 1ers1ective 0 Pu;lic outrage against rone

stri*es circuitously em1owers terrorists0 It allows them s1ace to survive, move aroun, an maneuver0 Pa*istan is a

1erfect e-am1le of this 1henomenon0 any in Pa*istan now ;elieve that rone stri*es ten tomotivate !l aea an the Pa*istani )ali;an to conuct terrorist attac*s that target

Pa*istan@s security forces as well as civilians0 )he u1licity of Pa*istan@s 1olitical an military

elite in giving a green light to the 0S0 rone 1olicy 1rove to ;e counter1rouctive0 )he s1onsors an su11orters of rone stri*es in 0S0 1olicy circles a11arently ignore the wier socioA1oliticalim1act an inirect costs when evaluating its eHcacy0

6%one 9t%i.es a%e un&o&ua%/ost atte&ts o) te%%o%is a%e

be#ause o) d%one st%i.ese%ges 1<YFawa= is Professor of International Relations at the Jonon School ofEconomics an Political Science (JSE7, an holer of the Emirates Professorshi1 in

http://www.theatlantic.com/international/archive/2013/08/how-drones-create-more-terrorists/278743/)//JLee






Contem1orary ile East Stuies0 &e was also the inaugural .irector of the JSE ile EastCentre from 3454 until 345/0 %erges most recent ;oo*s are )he :ew ile East+ Protestan Revolution in the !ra; 9orl (Cam;rige niversity Press, $anuary 345M7 an <;amaan the ile East+ )he En of !mericas omentZ (Palgrave acmillan, Se1tem;er 345/70<n the tenAyear anniversary of 255 , <-for niversity Press release %erges ;oo*, )heRise an Fall of !l aea0 In his highly antici1ate counterterrorism s1eech last month, 0S0

Presient Barac* <;ama 1u;licly ac*nowlege AA for the ?rst time AA the human toll thatrone attac*s inict on uslim civilians0 (T9hy rone stri*es are real enemy in @war onterror@ $une 35, 345/ htt1+22www0cnn0com2345/24N2352o1inion2terrorismAgerges2722$Jee

8It is a har fact that 0S0 stri*es have resulte in civilian casualties,8 he amitte, aing,

8)hese eaths will haunt us08 9hile he 1lege to curtail the use of rone stri*es in thefuture, those wors rang hollow when he went on to reaHrm his commitment to the targete*illings ;ecause, in his view, any alternative woul invite far more civilian casualties0

<;ama@s rone calculus ignores the CI!@s warning a;out the continuing 81ossi;ilities of

;low;ac*08 <Hcials in 9ashington ignore the highAcost ways in which the 0S0 8war on terror8 an the use of tactics

such as rone stri*es fuel the ?res of homeAgrown raicali=ation in 9estern societies0 )his is a rising1henomenon that has not ;een seriously e;ate, es1ite a string of highA1ro?le

attac*s0 9hile trials have yet to ta*e 1lace, the 9oolwich attac* in Jonon an the Boston arathon

;om;ings are sus1ecte to ;e the latest cases in 1oint0 In case after case over the 1ast few years, attac*ers an woulA;e attac*ers have cite the war on terror, ?rst in Ira> an now in!fghanistan, Pa*istan, Vemen, Somalia an elsewhere as 1roof that the 9est is at war with Islam0

)he 1resence of 9estern ;oots in uslim lans an the continuing use of ronestri*es have triggere a ;ac*lash among scores o) deuded (oung Musis who live in!merica an Euro1e, an who come from i"erent eucational an class ;ac*groun, incluing high achievers0

9hat is sur1rising is that these attac*ers are not uni?e ;y a core set of ieological ;eliefs, or a ;elonging to a

1articular terrorist grou1, ;ut ;y a core set of grievances, real or imagine0 )hese are a i"erent set ofterrorists, in that they raicali=e themselves AA enrage ;y s1eci?c grievances, while also having ;een

integrate into life in 9estern society0 Falling uner the inuence of militant 1reachers mostly online, they have

internali=e the *in of religiousA1olitical worlview that Gusti?e their ta*ingmatters into their own hans AA in short, a license to *ill0 Instea of trying to ismiss how the

manner in which the S 8war on terror8 has ;een wage has motivate these angry,

elue young men to *ill, it ;ehooves us to ta*e stoc* of their voices an to unerstan the rivers ;ehin this1attern of violent rage0 )he goal is not to rationali=e or Gustify their murers ;ut to ma*e sense of their violentactions0 Boston arathon ;om;ing sus1ect .=ho*har )sarnaev, for e-am1le, allegely left a note claimingres1onsi;ility for the !1ril attac*, escri;ing it as retri;ution for 0S0 wars in !fghanistan an Ira>0 )he 1ur1ortemessage was hanwritten on the interior wall of the ;oat where he hi from authorities, ;leeing from gunshot

wouns0 In the note, )sarnaev is sai to have escri;e the ;om;ing victims as 8collateralamage8+ 89hen you attac* one uslim, you attac* all uslims ,8 )sarnaev wrote0 &e

escri;e his ;rother )amerlan, who ie in a shootout with 1olice, as a martyr0 !n after his )imes S>uare;om;ing attem1t, Faisal Shah=a AA who hel a master@s egree in ;usiness aministration an who

seeme fully integrate into !merican life A re1ortely tol investigators that he acte out of

anger over the CI!@s P%edato% st%i.es in Pa*istan, es1ecially a rone attac* thattoo* 1lace while he was visiting the country0 !s*e later ;y 0S0 .istrict $uge iriam Cear;aun

whether he was sure he wante to 1lea guilty, Shah=a re1lie that he wante 8to 1lea guilty 544 times

;ecause unless the nite States 1ulls out of !fghanistan an Ira>, until they sto1 rone stri*es inSomalia, Pa*istan an Vemen and sto& atta#.ing Musi ands3 we will attac*the nite States an ;e out to get them08 Presse ;y the Guge to e-1lain his motivations,

Shah=a answere+ 8I consier myself a uGaheeen an a uslim solier,8 he sai0 !s*e ;y Cear;aum whetherhe unerstoo that chilren an other innocents might have ;een among his victims, Shah=a was una1ologetic0



8)hey on@t see the rones *illing chilren in !fghanistan,8 he sai0 8It@s a war an I@m a 1art of it08 Shah=a isnot uni>ue0 :aGi;ullah a=i, who 1leae guilty to 1lotting to etonate a ;om; in the:ew Vor* su;way, is also an e-am1le of ;ottomAu1 raicali=ation0 Ji*e Shah=a, a=itol the court that in !ugust 344 he ecie to go with friens to Pa*istan to Goin the

)ali;an in ?ghting the United 9tates invasion o) A)ganistan0 &e went to the )ali;an,

not the other way aroun, an while in Pa*istan he was 1ersuae ;y al aea o1eratives to return to !merica to

;e a suicie ;om;er0 8I woul sacri?ce myself to ;ring attention to what the nite States was oing to civilians in

!fghanistan ;y sacri?cing my soul for the sa*e of saving their souls,8 a=i tol the court0 Ji*ewise, thePa*istaniA;orn sus1ect charge in an allege 1lot to ;low u1 the 9ashingtonsu;way system in <cto;er 3454 came to the FBI@s attention ;ecause he ha as*e1eo1le a;out ways to ?ght 0S0 troo1s in !fghanistan an Pa*istan, accoring to unseale

court recors0 Faroo>ue !hme, a /MAyearAol naturali=e 0S0 citi=en, re1ortely ho1e to Gourney to his nativecountry an to ?ght there0 )he )ali;an an al aea i not recruit him0 !hme, an engineer with a ;achelor@s

egree from the City College of :ew Vor*, was su11osely raicali=e ;y the conict in !fghanistanAPa*istan0 &isultimate goal, accoring to an FBI aHavit, was 8traveling to !fghanistan to ?ghtan *ill !mericans08 Similarly, the Sween suicie ;om;er, )aimour !;ulwaha; alA!;aly, who ;lew himself u1 in Stoc*holm, stuie in Britain an was marrie with three chilren0

!lA!;aly@s friens 1aint a 1icture of man who enGoye ;as*et;all an a goo 1arty, yet who ha ;ecome

increasingly angry over the 1ast few years0 &is Face;oo* wall 1osts give a hint of his graual raicali=ation0 <neshows a ;linfole Ira>i man ;eing taunte an a;use ;y 0S0 soliers0 Several more

are 1art of a series on 8Russia war crimes in Chechnya08 !ccoring to the :ew Vor* )imes, alA!;aly sent an auiorecoring to Sweish authorities minutes ;efore the e-1losions warning his actions woul 8s1ea* for themselves08

8:ow, your chilren AA aughters an sisters AA will ie li*e our ;rothers an sistersan chilren ie,8 )he )imes re1orte0 8!s long as you o not en your war against Islam an the

insult against the 1ro1het an your stu1i su11ort for that 1ig Wil*s8 (Sween has a;out L44 signals intelligences1ecialists in the :!)< force in !fghanistan70 !s a rounAu1 of these violent voices show, homeAgrown e-tremism is

a 1henomenon riven ;y ientity 1olitics, a ;low;ac* against what they see as the 0S0 8war onterror8 in uslim countries, a war that *ills more civilians than al aea o1erators0 In

this sense, the ?ght is1ro1ortionately inames antiA9estern sentiments an creates more terrorists at home0

!ccoring to a 344N Pew 1oll, the 0S0 89ar on )error8 is very un1o1ular among uslims in

Euro1e, with /O of uslims in S1ain o11ose, DO in France, DDO in Britain, anN3O in %ermany0 )hree years later, a survey of British uslims for the BBC showe that DLO sai it was

wrong for the 89est8 to intervene militarily in Pa*istan an !fghanistan, though a maGority of res1onents AA DO AA

sai they o11ose )ali;an attac*s against 9estern troo1s there0 In his national security aress , <;amahinte that the 0S0 might ;egin to ;ring a closure to the 8war on terror8 0 9ith al aea@s

core now 8on the 1ath to efeat,8 he argue, 8this war, li*e all wars, must en08 !lthough <;ama i notgo far enough ;y sus1ening rone stri*es, his scaling ;ac* of the targete *illingan recommitting to closing the 1rison at %uantnamo Bay, Cu;a, are ste1s in theright irection0 )he im1ortance of <;ama@s s1eech lies in eucating the nation a;out the iminishing terrorist

threat0 <ne woul ho1e that the 1resient woul level with !mericans a;out the limits an costs of force ininternational a"airs0 )errorism cannot ;e eraicate ;y 1ushing a ;utton, as in rone attac*s, or even militaryintervention that might cause a ;ac*lash that s1urs more, not less, terrorism0 .eescalating the 8war on terror8 ;yhalting the >uestiona;le use of tactics such as rone attac*s might not ;ring an en to homeAgrown raicali=ation0

But it coul go a long way to eactivating the cultural an religious mine?els that entra1isillusione uslim teens an s1ur some of them own a violent 1ath0



at4 Lin.s to Poiti#s > Bi&a%t su&&o%tBi&a%t su&&o%t e?ists )o% iiting d%one use

9e%e 201 ($ac* :ew ;ill woul force Barac* <;ama to 1u;lish S rone stri*e

casualties !1r L htt1s+22www0the;ureauinvestigates0com2345M24M24L2newA;illA

woulAforceA1resientAo;amaAtoA1u;lishAroneAstri*eAcasualties2 *f7! ;i1artisan Bill that woul force Presient <;ama to reveal casualties from covert Srone stri*es has ;een 1ut ;efore the S Congress0 If successful, the ;ill woul re>uire the 9hite&ouse to 1u;lish an annual re1ort of casualties from covert S rone stri*es0 )he

re1orts woul inclue the total num;er of com;atants *ille or inGure, the total num;er of civilians *ille or inGure,an the total num;er of 1eo1le *ille or inGure ;y rones who are not counte as com;atants or civilians0 )he Billwoul also com1el the 9hite &ouse to reveal how it e?nes com;atants an civilians in its covert rone war0&owever the annual casualty counts 1ro1ose ;y the ;ill will not inclue those *ille an inGure in rone attac*s onconventional ;attle?els, incluing !fghanistan an any country where the S oHcially eclares war in the future0 )he Bureau reveale the S an K ha launche almost 5,344 rone stri*es in !fghanistan ;etween 344 an34530 &owever in arch 345/ the Bureau iscovere the S military ha sto11e 1u;lishing ata on rone use in!fghanistan an ha elete the few months ata it ha 1reviously release from its 1u;licly availa;le recors0 )he;ill says the ?rst re1ort woul inclue casualties from the stri*es in covert o1erations from the si- 1revious years,ensuring all rone stri*es uner Presient <;ama were inclue0 )here have ;een at least /D rone stri*es inPa*istan, Vemen an Somalia uring <;amas two terms0 )hey have *ille at least 3,5/ 1eo1le incluing 3Dcivilians accoring to the Bureaus estimates, ;ase on o1enAsource information0 9hile there were fewer ronestri*es launching uring Presient Bushs aministration b L3 stri*es ;etween 3443 an $anuary 344 b they *illemore 1eo1le on average than the <;amas stri*es0 !t least M5N 1eo1le ie in Bush era stri*es, incluing 5ND

civilians0 )he ;ill is coAs1onsore ;y California .emocrat !am Schi" an :orthCarolina Re1u;lican 9alter $ones0 Schi" sai+ d!n annual re1ort will 1rovie a moest, ;ut im1ortant,

measure of trans1arency an oversight regaring the use of rones0 d.es1ite our ;est e"orts to ensure to a nearAcertainty that no civilians will ;e *ille or inGure, sometimes stri*es o result in civilian casualties0 9e must ;emore trans1arent an accounta;le, ;oth with ourselves an with the worl, an narrow the 1erce1tion ga1 ;etweenwhat really ha11ens, an what is re1orte or assume0 $ones sai+ d<ur governments use of rones for targete*illings shoul ;e su;Gect to intense scrutiny an oversight0 &e ae+ dI ;elieve this legislation is an im1ortant ste1

in that irection, he ae0 )he s1onsors are trying to gather ;i1artisan su11ort for their;ill which has ;een referre to the &ouse Permanent Select Committee on Intelligence an the &ouse !rme

Services Committee0 )he intelligence committee then arme services committee will consier whether to allow the;ill to 1rogress to ;e e;ate ;y the &ouse of Re1resentatives0 )he ine1enent legislativeAataAanalysis ?rm%ov)rac* gives the ;ill a negligi;le chance of 1assing the committee stage0 &owever the ;ill has similar language to

the Intelligence !uthorisation !ct an coul ;e o"ere as an amenment to that ;ill if it reaches the &ouse0 Callsfor trans1arency over rone stri*es have grown steaily over the 1ast 5 months0 In

<cto;er 345/ ;oth !mnesty International an &uman Rights 9atch (&R97 calle for greater trans1arency anaccounta;ility after investigating S rone attac*s in Pa*istan an Vemen0



at4 Lin.s to Poiti#s > No =baa Pus=baa doesnDt &us te CP

Ba.e% and 6avis 2015 (Peter an $ulie &irschfel !mi Errors, <;ama

Pu;licly 9restles 9ith .rones Jimits !1r 3M

www0nytimes0com2345L24M23L2us21olitics2hostageAeathsAshowAris*AofAroneAstri*es0html *f7

!n yet, for all of r0 <;amas achingly 1u;lic struggle over the right a11roach toterrorism an war, he oes not seem li*ely to overhaul his roneAoriente strategy0 Reviews of the stri*e that *ille the hostages may yiel ;etter ways to conuct the war Y oHcials were alreay

tal*ing a;out forming a Tfusion center that woul lin* agencies to eal with hostage situations Y ;ut aiesgave no sense that r0 <;ama woul em;race a wholesale shift0 T)hese *ins of

counterterrorism o1erations have iminishe the e"ectiveness of !l aea, sai $osh Earnest, the 9hite &ouse1ress secretary0 T)his *in of 1ressure has ;een e"ective in enhancing the national security of the nite States0

!ies say that the 1resient views the stri*es as a critical tool in confronting !laea in angerous an remote regions such as the one where r0 9einstein an r0 Jo Porto ie0 )hey argue

that the 1ractice has unermine !l aeas a;ility to 1lot an e-ecute attac*s against the nite States, recruit

followers an o1erate a military organi=ation0



"nte%nationa Mode Net>Bene-t8e CP gets odeed/#%eating a d%one )%ae$o%. soves

te%%o%is and &%ootes uan %igts[en.o 1</icah is a Senior Fellow in the Center for Preventive !ction (CP!7 at the Council

on Foreign Relations (CFR70 Previously, he wor*e for ?ve years at &arvar niversity@sKenney School of %overnment, an in 9ashington, .C, at the Broo*ings Institution,Congressional Research Service, an State .e1artment@s <Hce of Policy Planning0(TReforming 0S0 .rone Stri*e Policies $anuary 345/ htt1+22www0cfr0org2warsAanAwarfare2reformingAusAroneAstri*eA1olicies213D/N722$Jee

Beyon the nite States, rones are 1roliferating even as they are_ ;ecoming increasingly so1histicate, lethal,

stealthy, resilient, an_ autonomous0 !t least a do:en ote% states and nonstate a#to%s

#oud_ &ossess a%ed d%ones within the ne-t ten years and eve%age te te#noog(_

in un)o%eseen and a%)u $a(s0 It is the state 1osition of te_ =baa aministration that

its st%ateg( to$a%d d%ones $i be euated_ b( ote% states and nonstate

a#to%s0 In an interview, Presient <;ama_ reveale, TI thin* creating a legal structure, 1rocesses, with oversight _

chec*s on how we use unmanne wea1ons is going to ;e a challenge for _ me an for my successors for some time

to comeY1artly ;ecause technology_ may evolve fairly ra1ily for other countries as well0D5 _ isto%(so$s tat o$ states ado&t and use ne$ iita%( #a&abiities_ is o)ten

inuen#ed b( o$ ote% states ave/o% ave not/used_ te in te &ast0

Furthermore, no%s #an dete% states )%o a#Gui%ing_ ne$ te#noogies0D3 :ormsY

sometimes ;ut not always coi?e as_ ega %egies/ave dissuaded states )%ode&o(ing binding ase%s_ and andines3 as $e as #ei#a3 bioogi#a3

and nu#ea% $ea&ons0 A $e>a%ti#uated and inte%nationa( su&&o%ted

no%ative )%ae$o%.3_ boste%ed b( a st%ong U;9; e?a&e3 #an sa&ea%ed d%one &%oi)e%ation_ and e&o(ent in te #oing de#ades0 9u#

no%s $oud not_ hiner 0S0 freeom of action rather, they woul inte%nationai:e_ a%ead(>

ne#essa%( doesti# &oi#( %e)o%s an, of course, they woul_ ;e acce1ta;le only insofar as the

limitations 1lace reci1rocally on 0S0_ rones furthere 0S0 o;Gectives0 !n even i) ostie states donot a##e&t_ no%s %eguating d%one use3 te e?isten#e o) an inte%nationa

no%ative_ )%ae$o%.3 and U;9; #o&ian#e $it tat )%ae$o%.3 $oud

&%ese%ve_ asingtonDs abiit( to a&&( di&oati# &%essu%e0 Modes )o%_

deveo&ing su# a )%ae$o%. $oud be based in e?isting inte%nationa_

a$s tat e&asi:e te &%in#i&es o) ne#essit(3 &%o&o%tionait(3 and_

distin#tion/to $i# te United 9tates #ais to ade%e )o% its d%one_

st%i.esYan shoul ;e informe ;y com1ara;le e"orts in the realms of _ cy;er an s1ace0_ In short, a $o%d

#a%a#te%i:ed b( te &%oi)e%ation o) a%ed_ d%ones/used $it itte

t%ans&a%en#( o% #onst%aint/$oud unde%ine_ #o%e U;9; inte%ests3 su# as&%eventing a%ed #oni#t3 &%ooting_ uan %igts3 and st%engtening

inte%nationa ega %egies0 It woul_ ;e a worl in which targete *illings occur with im1unityagainst anyone_ eeme an Tenemy ;y states or nonstate actors, without accounta;ility_ for legal Gusti?cation,

civilian casualties, an 1ro1ortionality0 Perha1s_ more trou;ling, it $oud be a $o%d $e%e su#

eta )o%#e no onge%_ eeds te bo%de%s o) sove%eign states; Be#ause o)

d%onesD ine%ent_ advantages ove% ote% $ea&ons &at)o%s3 states and

nonstate a#to%s_ $oud be u# o%e i.e( to use eta )o%#e against teUnited 9tates_ and its aies;_







E#ono(



**1>B @isas

8e?t4 8e United 9tates )ede%a gove%nent soud in#%ease te aount o)

1>B visas %e$a%ded in a -s#a (ea% to 1H53000;

"n#%easing >1b visas to 1H53000 soves9e%. 200H [$ames, L25/0 Sher* is Braley Fellow in Ja;or Policy in the Center for.ata !nalysis at )he &eritage Founation0 )estricting !67/ Visas -s /ad 'or /usiness

and t#e Econo*y 0 htt1+22www0heritage0org2research2re1orts234424L2restrictingAhA5;AvisasAisA;aAforA;usinessAanAtheAeconomy D25N'22*mc

nfoune Fears of the &A5B0 Current law` restricts the &A5B visa to highly s*ille foreigners` who have an

unergrauate egree or higher0 Each` year, the feeral government allows NL,444 visas to`

;e issue, with an aitional 34,444 visas for 1eo1le ` who have masters egrees orhigher0 )he visas` are grante to iniviuals who have ;een o"ere` em1loyment inthe nite States0 It is vali for` three years an can ;e renewe once for anaitional` three years0` any ;elieve &A5B wor*ers merely com1ete` with !mericans

loo*ing for wor*0 )hey are wrong0` 8e U;9; $o%.)o%#e is not a +:e%o>sugae0 <ne` hire &A5B wor*er oes not mean an !merican is` out of a Go;0 In fact, the :ational Founation for`

!merican Policy foun that e&o(e%s i%ed )ou% ne$` Ae%i#an $o%.e%s )o% ea#

ne$ >1B e&o(ee` te( i%e;` !itionally, hiring &A5B em1loyees oes not` lowerthe wages of !merican wor*ers0 Current law` re>uires that when em1loyers a11ly for&A5B visas,` they must attest that they will 1ay the visa reci1ient ` the same wagethey woul 1ay an !merican with` similar s*ill sets0 Rather than limiting the a;ility of ̀ em1loyers

to hire &A5B wor*ers ;y aing more` rules an restrictions, Congress shoul ensure the` feeral government

e-ercises a11ro1riate oversight` in enforcing current laws0` Closing the .oors on &A5B0 P%eventing

#o&anies` )%o i%ing )o%eign $o%.e%s a%s te U;9;` e#ono(Ds abiit(

to %a&id( ada&t to a%.et&a#e` deands0 Com1anies must ;e a;le to hire

1ersons` ;est suite to ?ll 1ositions ;ase on their s*ill` setsYnot their nationality0Peo1le have varying s*ill` sets unrelate to their country of resience0 Sim1ly` re>uiring com1anies to hire!mericans means` that the com1any may not get the ;est >uali?e` 1erson or even the iniviual with the right setof ̀ 1rofessional s*ills to o the Go;0 )he feeral government` shoul not ;e ma*ing 1ersonnel ecisions for`

!merican ;usinesses0 ` Kee1ing the Wisa Successful0 !ing regulations` to the &A5B 1rogramwoul ;e a serious` set;ac* to 0S0 visa 1olicy an woul only en ` u1 hurting the0S0 economy0 Instea, Congress` shoul+` Return the ca1 to the 3445 >uota of5L,444 visas` a year0` a*e the 1rogram e-i;le0 If the visa >uota is ` met the year ;efore, the ca1 shoul

;e automatically` increase ;y a 1reset amount legislate ;y` Congress0 In aition, unuse visas shoul ;e` reca1ture an use the following year0` Create intero1era;le ata;ases0 a*ing sure the` .e1artment of Ja;oran the .e1artment of ̀ &omelan Security ata;ases are intero1era;le` will hel1 minimi=e the num;er offrauulent cases0` Increase oversight0 )he feeral government shoul` *ee1 em1loyers who have hire &A5Bem1loyees` accounta;le to the 1rogram rules0 Ranom site` visits shoul ;e conucte to ensure em1loyers` are

following the rules0`

B( i&%oving and e?&anding te >1B visa &%og%a3`

Cong%ess #an ensu%e tat Ae%i#an businesses` ave te $o%.)o%#es

ne#essa%( )o% )u%te%` e#onoi# g%o$t;

>1B "ig%ants .e( to aintaining an( &a%ts o) te e#ono( – aund%(ist o) advantages4 ag%i#utu%e3 sta%t u&s3 &atents

Mis 15 [Karen, 32/0 ills is a senior fellow with the &arvar Business School anwas a mem;er of Presient <;amas Ca;inet, serving as !ministrator of the 0S0Small Business !ministration from 344 to 345/0 W#at8s *issing in A*erica8s

http://www.heritage.org/research/reports/2009/05/restricting-h-1b-visas-is-bad-for-business-and-the-economy






i**igration de(ate htt1+22fortune0com2345L24324/2whatsAmissingAinAamericasAimmigrationAe;ate2 D25N'22*mc

)he immigration e;ate continues to ;e riven ;y 1olitics instea of 1utting factA;ase analysis at the forefront of

our 1olicies0 In 9ashington, 1olicy ma*ers shoul ;e focuse on the critical >uestion ofwhether or not ste1s towar reform will actually grow the !merican economy an

create Go;s an 1ros1erity, ;oth for legal immigrants an nativeA;orn Go; see*ers0 ` )he iscussion shoul inclue su;stantive consierations li*e+` "ig%ants a%e -ingenginee%ing3 #o&ute% s#ien#e and ote% ig>s.ied obs3 and in doing

so3 e&ing #%eate ote% obs 0 ! recent 1a1er ;y &arvar Business School1rofessor 9illiam Kerr showe ?rms that hire immigrants into highAs*ille Go;st%oug &%og%as i.e te 1B visa &%og%a #%eated additiona obs,incluing for nonAimmigrant wor*ers0 ̀)he rate of new startu1s has ;een eclining0 !worrisome tren consiering they are 1art of our economic formula for Go; creation0But, ata from )he Partnershi1 for a :ew !merican Economy, an the SB! showsthat immigrants are more than twice as li*ely to start a ;usiness than nativeA;ornciti=ens0` "nnovation is a .e( d%ive% o) ou% )utu%e e#onoi# g%o$t; Interestingly,

immigrants were involve in more than DLO of the nearly 5,L44 1atents aware atthe nations to1 54 research universities in 34550 Vet, many foreignA;orn grauate stuents ofthese universities cant stay in the country once they get their egree0 !s a result,they ta*e their ieas to their home countries where some governments haveesta;lishe funs to hel1 them ;ring their innovations to mar*et0 ` Fo%eign>bo%n

$o%.e%s ove%>inde? in aintenan#e3 #onst%u#tion and anu)a#tu%ing

&%odu#tion obs3 a##o%ding to te U;9; Bu%eau o) Labo% 9tatisti#s; 8e(

aso &a( a #%iti#a %oe in ou% nationDs ag%i#utu%e e#ono(; 8e%e is#%iti#a deand )o% tis $o%.)o%#e and e&o(e%s #ontinue to ave t%oube

-nding $o%.e%s to - an( o) tese avaiabe obs;` ! crucial catalyst for the s1irit an

as1iration that rives the 0S0 economy is the fact that throughout our history immigrants have come to the 0S0 in1ursuit of the !merican .ream0 !n, in oing so, theyve create o11ortunities for themselves an countless other

!mericans0

Avoids te in. to &oiti#s – inte%est g%ou& and bi&a%tisan su&&o%t &using

te #ounte% &an

asten 1< [Peter, /234 Visas 'or #ig#6skilled $orkers could dou(le under

(ipartisan Senate plan0 htt1+22www0washington1ost0com21olitics2visasAforAhighAs*illeAwor*ersAcoulAou;leAunerA;i1artisanAsenateA1lan2345/24/2342;DMc4aA5MA55e3A;eaAe/3a4a3/6story0html D25N'22*mc

)he e-1ansion of the visas, *nown as &5Bs, is one element of tal*s among a ;i1artisan grou1 ofeight senators, whose legislation is e-1ecte to serve as the ;asis for a eal ;etween Congress an the 9hite

&ouse to retool the immigration system0 )he num;er of visas availa;le woul

a11ro-imately ou;le from the current limit of NL,444 1er year0 )he &5B 1rogram wascreate in 54 to attract highAs*ille wor*ers from aroun the worl, ;ut it has ;ecome a way for outsourcing ?rmsto ;ring lowerA1ai em1loyees to the nite States0` ost of the to1 54 em1loyers of &5B visa holers, for instance,are IniaA;ase technology consultancies with large 0S0 o1erations0 )hose ?rms often train wor*ers in the niteStates ;efore sening them ;ac* home to o the same Go;s for consiera;ly less money, say critics of the 1rogram

on the &ill an in the la;or movement0` Sen0 Richar $0 .ur;in (.AIll07, a mem;er of the;i1artisan immigration wor*ing grou1, has ;een trying to 1ersuae the negotiatorsto acce1t two *ey restrictions on the visas, accoring to 1eo1le familiar with thetal*s0 <ne woul 1revent certain ?rms that rely heavily on &5B visas from hiring

http://fortune.com/2015/02/03/whats-missing-in-americas-immigration-debate/


http://www.washingtonpost.com/politics/visas-for-high-skilled-workers-could-double-under-bipartisan-senate-plan/2013/03/20/8b74c08a-9194-11e2-bdea-e32ad90da239_story.html










more wor*ers uner the 1rogram, an the other woul re>uire com1anies to ma*e aTgoo faith e"ort, su;Gect to feeral oversight, to recruit !merican wor*ers0` But

instea, the grou1 has tentatively agree to im1ose sti" fees on some outsourcing com1anies that hire &5B wor*ersan to re>uire moest measures to encourage the hiring of !mericans, such as avertising the Go;s, ;ut with limitefeeral oversight0 !n while .ur;in has 1ushe to increase the lowest wage levels 1ermitte ;y the visa 1rogram,its li*ely that only certain ?rms woul ;e re>uire to 1ay more0 ` .ur;in, who has ;een a lone voice in the room onthe issue, is li*ely to ;ac* own, accoring to 1eo1le familiar with the tal*s, ;ecause he has gotten his way on other

1oints, such as a 1ath to citi=enshi1 for the estimate 55 million illegal immigrants living in this country0 ! .ur;ins1o*esman ecline to comment, stressing that negotiations were continuing into the night 9enesay an thatnothing was ?nal0` !nrea uniga .iBitetto, a lo;;yist for the !FJACI<, sai in an interview that the 1lan coul ;e a

Trec*less change that may *ee1 !mericans from getting goo Go;s0` But avocates for tech com1anieswelcome the evelo1ments, escri;ing the stillAevolving immigration 1lan as a1otential watershe moment0` T9ere encourage, sai Scott Corley, e-ecutiveirector of Com1ete !merica, a coalition of com1anies that inclues Intel, %oogle,IB an other tech giants0 E-1laining why the inustry has sought such a ;igincrease in highAs*ille visas an other means to attract wor*ers, Corley sai+ T<nan issue where the 1olitics are so har, you cant over;uil when you *now youmight not get another shot at it for 3L years0



>>?t4 soves te e#ono(@isas a%e .e( – te nube% o) obs and students tat %eGui%e a%e visas a%e

u& – te CP is a .e( sta%ting &oint to soving e#ono(

Ba%on 721 [Ethan, 345L0 W#y /usiness Sc#ools Want More !67/ Visas htt1+221oetsan>uants0com2345L24N2352whyA;usinessAschoolsAwantAmoreAhA5;Avisas2D25N'22*mc

!PPJIC!)I<:S SR%E F<R B!S WIS! <F C&<ICE` In the latest roun of &A5B visas, aware ;ylottery, 0S0 immigration services receive 3//,444 a11lications from com1anies forthe Congressionally manate L,444 wor* 1ermits0 Jast year, 5D3,L44 a11licationswere su;mitte, u1 signi?cantly from 53M,444 a year earlier0` eantime, U;9; s#oosave signi-#ant( e?&anded te &e%#entage o) inte%nationa students in

tei% #ass%oos so te need )o% o%e $o%. visas is g%eate% tan eve%0 !tthe niversity of Wirginias .aren School of Business, some /NO of the latestentering class were ;orn outsie the 0S0, tri1le the 53O re1resentation of 34 yearsago0 !t .u*e niversitys Fu>ua School of Business, B! stuents with nonA0S0

1ass1orts now account for /O of the class, u1 from only 5O two ecaes ago0 !n at:orthwestern niversitys Kellogg School of anagement, some /NO of the latestclass is com1ose of international, com1are to only 3MO 34 years earlier0

9oves te e#ono( – #%eates obs and e#onoi# #o&etition

Bie% 12 [.avi, N25D0 !76/ Visa 9uotas 1reatly )estrain S*all /usiness Expansion htt1+22www0for;es0com2sites2reals1in2345324N25D2h5A;AvisaA>uotasAgreatlyArestrainAsmallA;usinessAe-1ansion2 D25N'22*mc

0S0 Citi=enshi1 an Immigration Services (CIS7 announce this wee* that it ha?lle its annual &A5B visa >uota for foreign highAs*ille wor*ers 0 )he announcement comes

a;out ?ve months earlier than last year, signaling that 0S0 ;usinesses are e-1aning again0 But many com1anies

must now wait until ne-t year to attem1t to hire neee talent0 )his constraint is slowing theirrenewe growth, while unfairly isavantaging small ;usinesses that lac* theresources necessary to navigate !mericas com1le- immigration coe0` As

Ae%i#aDs te#noog( and se%vi#e>based e#ono( as e?&anded ove% teast de#ade3 its deand )o% ig>s.ied abo% as in#%eased g%eat(0 %lo;alcom1etition re>uires access to the worls ;est talent0 Vet uring this same 1erio,Congress has allowe the &A5B >uota for highAs*ille wor*ers to ro1 in halfYfrom5L,444 in 3445 to L,444 toay0 In 344N, the >uota was ta11e in less than two months0 In 344, it

vanishe in less than a ayYnearly 53L,444 a11lications were receive in Gust two ays0 ` ar*etAriven eman

grew while governmentAcontrolle su11ly shran*0 TIn most years, the %overnment !ccounta;ility<Hce foun last year, Teman for new &A5B wor*ers e-ceee the ca10 )his

mismatch is further e-acer;ate ;y fees an regulations that 1revent ;usinesses, 1articularly small ?rms, from

even a11lying0 <ne com1any estimate the cost of the &A5B an green car 1rocess at5N,4440 ore than si-ty 1ercent of small ;usinesses surveye ;y the %!< T incurre signi?cant;usiness costs resulting from 1etitions enie ue to the ca1, elays in 1rocessing&A5B 1etitions, an other costs0` >1B %eguations advantage a%ge #o&aniesbe#ause te( #an abso%b a&&i#ation #osts and ao%d o%e Guai-ed

#onsutants0 Com1licate forms an regulationsYan the im1erative of s1ee an accuracyYforce most

;usinesses to hire e-1erts for /,444 for a single a11licant0 ultinational com1anies surveye ;ythe %!< Twere generally a;le to hire their 1referre caniates ;ecause the ?rms

http://poetsandquants.com/2015/06/21/why-business-schools-want-more-h-1b-visas/

http://www.forbes.com/sites/realspin/2012/06/17/h1-b-visa-quotas-greatly-restrain-small-business-expansion/







were s*ille at navigating the immigration system0 8is ega ineGuit( &a#essta%t>u&s and sa -%s at a disadvantage;` TSome com1anies woul not want to ;e

;othere with foreign stuents ;ecause it woul re>uire a lawyer to o all the 1a1erwor*, Elias Shiu, a 1rofessor atthe niversity of Iowas e1artment of statistics an actuarial science, tol )he .es oines Register earlier thisyear0 International stuents constitute more than si-ty 1ercent of Shius e1artment, li*e many science,

engineering, an technology e1artments at other universities0 Vet ?ning Go;s for these highlyA

>uali?e wor*ers in the 0S0 is almost im1ossi;le ue to &A5B regulations0 ` :ot only can;ig 1layers navigate the system ;etter than small ?rms, they often manage to avoi it com1letely0 Jarge ?rms li*ePrinci1al can a"or to have actuary oHces in China an Bra=il0 Similarly, icrosoft recently o1ene oHces inWancouver to ma*e use of Canaas more e-1eitious immigration system for foreign software esigners0 :ot onlyis stimulating o"Ashoring ;a 1olicy, it is unfair to small 0S0 com1etitors who cannot a"or oHces overseas toavoi visa constraints0` ultinational ?rms o not always nee to leave the 0S0 to hire the wor*ers they wantYtheycan also use an JA5 visa to ;ring wor*ers from their foreign oHces to a 0S0 site for u1 to seven years, or they canuse a BA5 visa to conuct shortAterm activities li*e holing ;usiness conferences0 9hile these o1tions areunavaila;le to most small ?rms an startAu1s, the ;est res1onse to such ine>uality isnt to restrain multinationals,;ut to o1en com1etition for all !merican ;usinesses ;y eliminating &A5B restrictions0` &ighlyAs*ille foreign wor*erso not Tta*e Go;sYthey ma*e Go;s0 &A5B a11lications fell ramatically uring the recession ;ecause com1anies use&A5B visas not to re1lace !mericans uring owntimes, ;ut to recruit wor*ers uring e-1ansion0 ! 344 :ational

Founation for !merican Policy stuy foun that eve%( >1B %eGuest is #o%%eated $it -ve

ne$ obs at ao% -%s and o%e tan seven obs at -%s $it ess tan

53000 e&o(ees; >1B %est%i#tions so$ tis e?&ansion and u%t e#onoi#g%o$t;` Immigration >uotas an restrictions are funamentally unfair an stan in the way of !mericas future

1ros1erity0 "n#%easing te >1B Guota $oud #onstitute &%og%ess0 But ;etter yet,

a;olishing the >uota system an &A5B constraints entirely woul not only allow more highlyAs*ille wor*ers to come,;ut also ma*e !mericas immigration system fair for small com1etitors0 Fairer com1etition woul increase

innovation, entre1reneurshi1, an Go; creation, bene-ting a Ae%i#ans;



>>?t4 .24 sove b%ain d%ainRe)o% .e( to sove te b%ain d%ain

Case et a; 11 [Steve L250 Case, CE< of Revolution, $ohn .oerr, Partner, KleinerPer*ins Cau?el Q Byers Paul <tellini, CE< of Intel Cor1oration, an SherylSan;erg, C<< of Face;oo*, are mem;ers of the Presients Council on $o;s anCom1etitiveness0 A*erica needs a :7st century i**igration policy htt1+22;logs0reuters0com2greatAe;ate2345524L252americaAneesAaA35stAcenturyAimmigrationA1olicy2 D25N'22*mc

Presient <;amas recent focus on immigration highlights !mericas T;ro*ensystem an its im1act on our economy0 Fi-ing it re>uires Re1u;licans an.emocrats to show 1olitical courage an im1lement reforms to e-1an anstrengthen the !merican economy0 !s mem;ers of the Presients Council on $o;s an

Com1etitiveness, we share his ee1 concern that our nations a;ility to com1ete economically is ;eing amage ;y

the two 1arties ;attling over immigration laws an 1olicies0` )o some, te in. bet$een iig%ation

%e)o% and e#onoi# g%o$t may ;e sur1rising0 )o !mericas most innovative inustries, it is a lin*

we *now is )undaenta;`

)he glo;al economy means com1anies that rive 0S0 Go;creation an economic growth are in a worlwie com1etition for talent0 9hile othercountries are aggressively creating 1olicies an incentives to attract a highlyeucate wor*force, !merica has stagnate0 <nce a magnet for the worls to1mins, !merica now faces a Treverse ;rain rain an is no longer the ?rst choicefor many entre1reneurs creating new com1anies an Go;s0` Ae%i#a needs a &%o>

g%o$t iig%ation s(ste tat $o%.s )o% U;9; $o%.e%s and e&o(e%s in

toda(Ds goba e#ono(0 !n we nee it now0` First, we nee to invest in homegrown talent that is

eucate an traine in the critical science, technology, engineering an math ?els0 )he 0S0 eucation systemmust ;e im1rove, to1 to ;ottom, so that our most 1recious resource b our chilren b can com1ete in theincreasingly glo;al worl economy0 Statistically our KA53 stuents are falling farther ;ehin stuents in Korea, Chinaan elsewhere in the 1hysical sciences0 9e can an must o ;etter0 ` Secon, the nite States must allowem1loyers to recruit an retain the worls ;est ;rains0 9e nee a 1roAgrowth ;ase green car system to re1lace

the current system that is 1lague with yearsAlong ;ac*logs0 9aiting a ecae or more uring the&5B s1ecialty visa an green car 1rocess emorali=es the ne-t great !mericanimmigrant :o;el laureate0 ore of them are returning to their home countries, li*eChina an Inia, an riving new scienti?c ;rea*throughs an innovations there0 `

)hir, we shoul sta1le a green car to every avance i1loma in critical ?els to *ee1 foreignA;orn stuentsgrauating from a 0S0 university or college here in !merica, wor*ing for our future0 )oay foreign nationals account

for L4O of masters egrees an D4O of Ph0.0 egrees in electrical an electronic engineering in the 0S0 Vet, ouranti>uate immigration laws numerically limit the num;ers of these iniviuals, ;ythe thousans, from entering our country annually 0 9hat *in of strategy is it to train the worls

;est an ;rightest in our great universities b an then re>uire them to leaveZ ` !mericas cuttingAege Go;creating inustries b from com1uting to ;iotech b rely on immigrant scientists, engineers anentre1reneurs to remain com1etitive0 !n as the Presient sai in his s1eech, they are res1onsi;le for

founing iconic com1anies li*e %oogle, Vahoo an eBay0` !ccoring to a Kau"man Founation stuy, M4 million Go;shave ;een create in the 1ast 3L years ;y high growth 0S0 entre1reneurial com1anies0 <f those, accoring to a.u*e an C Ber*eley re1ort, more than a >uarter of 0S0 technology an engineering ;usinesses launche;etween 5L an 344L ha a foreignA;orn founer0 !n in 344L, com1anies create ;y immigrants 1rouce L3;illion in sales an em1loye ML4,444 wor*ers, so getting this right is 1aramount0 ` Silicon Walley o"ers a gooe-am1le of the im1act foreign nationals ma*e on 0S0 innovation b an the aruous 1rocess com1anies must gothrough to retain them0 9ith 4O of Intel RQ. conucte in the 0S0, em1loying 1eo1le with s1eci?c e-1ertise in0S0 facilities is im1erative0 Right now, there are software engineers in the K, who cannot come to wor* in a 0S0Intel facility until visas are availa;le in the ne-t ?scal year0 !n e-1erts in ne-tAgeneration mo;ile technology whomust remain in Finlan, rather than Goining an Intel research an evelo1ment team in the 0S0` !t Face;oo*, $avier

http://blogs.reuters.com/great-debate/2011/05/19/america-needs-a-21st-century-immigration-policy/






<livan was instrumental in creating the technology that has translate the site into more than D4 languages,connecting 1eo1le an ;usinesses in the 0S0 with mar*ets aroun the worl0 .es1ite ma*ing a signi?cantcontri;ution to economic growth, $avier was luc*y to ;e a;le to stay in this country0 )he year he a11lie for an &A5B

visa, there were 5L4,444 a11licants an only NL,444 visas0` U;9; e&o(e%s ust oo. aead to

#oing taent so%tages and &an tei% $o%.)o%#e needs (ea%s in advan#e;

8e( need &oi#( #e%taint( )%o asington to .no$ te( $i be abe to

i%e te ve%( best taent to eet te deands o) te goba innovationa%.et&a#e; "t is tie )o% Cong%ess and te Adinist%ation to &ass bi>

&a%tisan iig%ation %e)o%s; "n &a%ti#ua%3 ta.ing Gui#. a#tion to att%a#t

and %etain s#ien#e and enginee%ing taent is #%iti#a to te g%o$t o) ou%e#ono(;` Jets create a 1roAgrowth immigration system that wor*s0 <ur glo;alcom1etitiveness shoul not ;e a 1artisan e;ate, it shoul ;e a to1 !merican1riority0



a ans$e%s>1B is &oiti#a( un&o&ua% – iig%ation is too &oa%i:ing o) an issue

Ba%on 721 [Ethan, 345L0 W#y /usiness Sc#ools Want More !67/ Visas htt1+221oetsan>uants0com2345L24N2352whyA;usinessAschoolsAwantAmoreAhA5;Avisas2D25N'22*mc

<f course3 iig%ation issues in te U;9; gene%ate ig( &oa%i:ing debate3

an recent allegations that .isney an utility Southern California Eison useoutsourcing com1anies to re1lace !merican wor*ers with foreign &A5B em1loyeeshave com1licate the 1olitics even more0 .eo#%ats oin Re&ubi#ans in uno(

egisative aian#es3 none o) $i# ave so )a% )ound su##ess0 aGor 0S0

cor1orations have also ;ane together in 1ressure grou1s b one ;oasts Face;oo* CE< ar* uc*er;erg anicrosoft founer Bill %ates among its leaers, an wants immigration 1olicy changes that will give com1aniesmore access to eucate, s*ille foreign wor*ers another grou1, 1ushing for similar changes, is le ;y titansincluing former icrosoft CE< Steve Ballmer an :ews Cor10 chairman Ru1ert uroch b ;ut also ;y Bo; Iger, CE<

of .isney, a ?rm now mire in allegations that it force !merican wor*ers to train foreign, &A5BAcarrying re1lacements ;efore ;eing lai o"0` TIm sure there are violators out there,

Piemonte says0 TBut theyre not the com1anies that are hiring our grauatestuents from the nite States0

No so%tage o) 98EM $o%.e%s

Eideson 1 [$osh, 5523M0 5#e 5ec# Worker S#ortage Doesn8t )eally Exist htt1+22www0;loom;erg0com2;w2articles2345MA55A3M2theAtechAwor*erAshortageAoesntAreallyAe-ist D25N'22*mc

!long with tem1orary e1ortation relief for millions, Presient <;amas e-ecutive action will increase the num;er of 0S0 college grauates from a;roa who can tem1orarily ;e hire ;y 0S0 cor1orations0 )hat hasnt satis?e techcom1anies an trae grou1s, which conten more green cars or guest wor*er visas are neee to *ee1 tech

inustries growing ;ecause of a shortage of >uali?e !merican wor*ers0 But s#oa%s sa( theres a 1ro;lem

with that argument+ 8e te# $o%.e% so%tage doesnDt a#tua( e?ist;` T)heres no

evience of any way, sha1e, or form that theres a shortage in the conventionalsense, says &al Sal=man, a 1rofessor of 1lanning an 1u;lic 1olicy at Rutgersniversity0 T)hey may not ;e a;le to ?n them at the 1rice they want0 But Im notsure that >uali?es as a shortage, any more than my not ;eing a;le to ?n a halfA1rice )W0` For a realA

life e-am1le of an actual wor*er shortage, Sal=man 1oints to the case of 1etroleum engineers, where the su11ly ofwor*ers has faile to *ee1 u1 with the growth in oil e-1loration0 )he result, says Sal=man, was Gust what economists

woul have 1reicte+ Em1loyers starte o"ering more money, more 1eo1le starte;ecoming 1etroleum engineers, an the shortage was solve0 In contrast, Sal=man

conclue in a 1a1er release last year ;y the li;eral Economic Policy Institute, real I) wages are a;out the same as

they were in 50 Further, he an his coAauthors foun, only half of S)E (science, technology,engineering, an mathematics7 college grauates each year get hire into S)E

Go;s0 T9e ont is1ute the fact at all that Face;oo* (FB7 an icrosoft (SF)7 woul

li*e to have more, chea1er wor*ers, says Sal=mans coAauthor .aniel Kuehn, now a research

associate at the r;an Institute0 TBut that oesnt constitute a shortage0` )he real issue, saySal=man an others, is the inustrys esire for lowerAwage, moreAe-1loita;le guestwor*ers, not a lac* of availa;le !merican sta" 0 T"t sees &%ett( #ea% tat teindust%( ust $ants o$e%>#ost abo%3, .ean Ba*er, the coAirector of the Center for Economic

an Policy Research, wrote in an eAmail0 ! 3455 review ;y the 0S0 %overnment !ccounta;ility <Hce foun that the&A5B visa 1rogram, which is what inustry grou1s are lo;;ying to e-1an, ha Tfragmente an restricteoversight that wea*ene its ostensi;le la;or stanars0 Tany in the tech inustry are using it for chea1er,


http://www.bloomberg.com/bw/articles/2014-11-24/the-tech-worker-shortage-doesnt-really-exist







inenture la;or, says Rochester Institute of )echnology 1u;lic 1olicy associate 1rofessor Ron &ira, an EPI researchassociate an coAauthor of the ;oo* <utsourcing !merica0



**PR"9M 9&e#i-# CPCounte%&an4 8e United 9tates )ede%a gove%nent soud

>%e)o% U;9; inteigen#e #oe#tion a$ and &%o#esses in ine

$it te P%esidentDs Revie$ %ou& on "nteigen#e and

Couni#ations 8e#noogies 3>#%eate a senio% U;9; gove%nent &osition to se%ve as te

&%ia%( #onta#t &e%son and advo#ate )o% U;9; indust%( goba

data issues3

>add e%an( and F%an#e to te +Five E(es, inteigen#e

sa%ing g%ou&3

>eevate te issue o) data o$s $itin te goba t%ade bodies\

in#ude data o$ issues $itin e?isting and )utu%e t%ade

negotiations

>en#%(&t a use% t%aI# to te e?tent #oe%#ia( andogisti#a( &ossibe3

9oves tei% &e%#e&tion inte%na in. to data o#ai:ation – as ong it is

&e%#eived tat &%iva#( is &%ote#ted3 it doesnDt atte% o$ ee#tive in

a#tuait( tese %e)o%s a%ei 13 ($onah Force, Internet Policy S1ecialist at the S .e1artment of Commerce,T)&E %R<9)& <F .!)! J<C!JI!)I<: P<S)AS:<9.E:+ !:!JVSIS !:.REC<E:.!)I<:S F<R 0S0 P<JICV!KERS !:. BSI:ESS JE!.ERS7Recommenations for the 0S0 %overnment 50 Reform 0S0 intelligence collection law an

1rocesses in line with the Presients Review %rou1 on Intelligence anCommunications )echnologies534 )he 1rimary Gusti?cation raise in favor of ata locali=ation 1olicies is

the nee to 1rotect citi=ens an com1anies from government surveillance of the li*e orchestrate ;y the :S!0 9hilethe 0S0 government shoul not com1romise what it 1erceives as essential national security o;Gectives in the faceof threats to !merican ;usinesses (es1ecially in light of the hy1ocrisy involve in some of those threats7, it shoul

nevertheless seriously aress the concerns of the international community0 S1eci?cally, the 0S0 can start;y ao1ting some of the im1ortant recommenations of the Presient Review %rou1on Communications an )echnologies, in 1articular, TCha1ter IW+ Reforming ForeignIntelligence Surveillance .irecte at :onAnite States Person, recommenations

53A5L, focusing on reforming section D43 of the Foreign Intelligence Surveillance !ct,such as a11lying the 5DM Privacy !ct to non 0S0 1ersons0 )hese are serious

recommenations, an their im1lementation ought to go a long way towars reucing (though surely not

eliminating7 international concerns over the surveillance 1olicies of the nite States0 Im1lementation willemonstrate a willingness on the 1art of the 0S0 government to res1ect glo;alo1inion an to im1ose limits on the reach of its intelligence agencies0 30 Create (orrefocus7 a senior 0S0 government 1osition to serve as the 1rimary contact 1ersonan avocate for 0S0 inustry glo;al ata issues0 !t 1resent, there is no single1ointA1erson in the 0S0 government coorinating ata ow issues , or avocating on ;ehalf

of the 0S0 for freeom of ata ows0 )he hea of the Feeral )rae Commission, the 0S0 )rae Re1resentative, thePrivacy an Civil Ji;erties <versight Boar, the .e1artment of Commerce (im1ortantly, the .e1uty !ssistant

Secretary for Services7, the Chief Privacy <Hcer of the :S!, several iniviuals within the .e1artment of



State (im1ortantly the 0S0 Coorinator for International Communications an Information Policy7 as well as many,

many others, are all wor*ing on the 1ro;lem, ;ut largely se1arately, with inevita;lyse1arate institutional view1oints an o;Gectives0 9hile multi1le iniviuals an agencies shoul

;e aressing the issue simultaneously, there is a nee for a single coorinating oHce to trac* an manage thisvital economic issue0 Perha1s an oHce of Chief Privacy <Hcer in the 0S0 State .e1artment an2or 0S0 )raeRe1resentative coul ;e evelo1e, or the newlyAcreate 9hite &ouse Chief Privacy <Hcer 1osition coul ta*e onthis ;roaer international res1onsi;ility0 Presient <;ama has suggeste, in a s1eech elivere at the 0S0

.e1artment of $ustice on $anuary 5D, 345M, that his aministration 1lans to create a new 1osition at the 0S0 State

.e1artment Tto coorinate [!merican' i1lomacy on issues relate to technology an signals intelligence0535

)his new role b which has only ;een vaguely escri;e b coul also 1otentially ?llthe leaershi1 vacuum within the 0S0 government on these issues0 &owever thereorgani=ation ha11ens, is clear that the current ;ureaucratic arrangement nees to;e restructure to ensure that the antilocali=ation outreach strategy is e"ectivelycoorinate an harmoni=e across the entire 0S0 government an among 0S0inustry leaers0 /0 Reform an streamline the utual Jegal !ssistance )reaty 1rocess0 )he cum;ersome

J!) 1rocess has 1roven to ;e one of the leaing motivations ;ehin many locali=ation 1ro1osals0 In orer toe-1eite the J!) 1rocess, the .e1artment of $ustices shoul evelo1 an online J!) su;mission form, anevote the resources necessary to res1on in a timely fashion, recogni=ing the urgency of many law enforcementre>uirements0 In aition, the .e1artment of $ustice shoul (consistent with the reasona;le con?entialityre>uirements of soun law enforcement7 also 1u;lish regular government trans1arency re1orts, incluing

;rea*owns of num;er of re>uests receive from i"erent countries, the res1onse 1rovie, the crimes to whichthe re>uests relate, an the time each re>uest re>uire, an shoul 1rovie clear, 1u;lic guiance on whatinformation can ;e o;taine through an J!)0 )hese re1orts woul not only result in an antici1ate s1eeAu1 ofres1onse time (no one wants 1u;licly to ;e shown to ;e ilatory7, ;ut woul also emonstrate to foreign lawenforcement 1ersonnel that their >ueries are receiving treatment not meaningfully less 1rom1t than are other

nations re>uests of a similar nature0533M0 Consier aing %ermany (an 1erha1s France another Euro1ean nations7 to the TFive Eyes intelligence sharing grou1, or anotherintelligenceAsharing organi=ation an agreement0 )his recommenation may ;e the most iHcult

for the nite States government to entertain, ;ecause, as we *now, intelligence agencies are loathe to share their

information, even with sister agencies within their own governments0 :evertheless, the nite Statessurely recogni=es that %ermany, France, an other Euro1ean nations have ;ecomeessential 1artners in a variety 0S0 national security eneavors over the 1ast

ecae, assisting in national security o1erations from !fghanistan to Ji;ya, an 1erha1s mostsigni?cantly, in antiAterrorism0 Vet these nations, an es1ecially %ermany (an to a lesser egree, France7 have;een es1ecially trou;le ;y the Snowen isclosures, in large 1art ue to the fact that the 0S0 is su11ose to ;e anally0 !s Wiviane Reing, a Euro1ean Commission Wice Presient, lamente (surely isingenuously7, TFriens an1artners o not s1y on each other053/ In res1onse, some 0S0 lawma*ers have 1ro1ose the iea of incluing%ermany in the 1rivilege T?ve eyes intelligence grou1, 53M the grou1 of the 0S0, 0K0, !ustralia, Canaa, an:ew ealan that have agree to share signi?cant intelligence information0 It is a 1ro1osal that merits continue

iscussion, as woul the inclusion of France, the Scaninavian nations, &ollan, an 1erha1s others053L )o thee-tent that these frienly governments are reci1ients of signi?cant !mericanintelligence information, they are li*ely to acce1t as crei;le future !mericanassurances that their citi=ens, their leaershi1 an their com1anies are not thesu;Gect of ;roa surveillance (or, if they are so su;Gect, the soun security reasons for that surveillance70

L0 Elevate the issue of ata ows within the glo;al trae ;oies inclue ata ow

issues within e-isting an future trae negotiations )o the e-tent 1ossi;le, the 0S0 governmentshoul elevate ata locali=ation an glo;al ata ow issues within the glo;al trae ;oies, incluing the %, %34,!PEC, <EC., an 9)<0 )owars that en, the 0S0 shoul strongly ientify ata restrictions as a glo;al ;arrier to

economic growth an trae0 In aition, the 0S0 shoul use multilateral trae negotiations,such as the )rans Paci?c Partnershi1, the )ransatlantic )rae an InvestmentPartnershi1, an the )rae in Services !greement, as well as ;ilateral traenegotiations, to inclue 1rovisions on o1en ata ows053NN0 Encourage ine1enent stuies on

the 1otential economic an security im1acts of ata locali=ation for the countries consiering them, anisseminate the ?nings of those stuies to *ey glo;al sta*eholers ! arch 345M survey ;y :)) Communications



of over 5444 TI) ecisionma*ers foun that IC) ecisionAma*ers are ;roaly in favor of locali=ation measures053DPart of the reason this may ;e the case is that too few leaers are aware of the 1otential negative e"ects of such1olicies0 )hey shoul ;e e-1ose to analyses not tainte ;y national or inustry selfAinterest0 )o that en, inustryought to encourage the 1rouction of truly isintereste, 1eerAreviewe stuies of the economic, security, an othere"ects of locali=ation, an the issemination of these stuies to *ey sta*eholers aroun the glo;e0 D0 9or* toreframe the 1rivacy an surveillance iscussion to one of security an economics Jocali=ation has ;een e;atesince the ;eginning of Snowens revelations largely as an answer to 1rivacy an surveillance concerns0 Certainly,there is another Tnarrative worthy of iscussion, an to that en inustry shoul wor* to alter the oneAsie natureof the current iscussion ;y incluing the issues of cy;ersecurity, cy;er crime, economic integration, an Internetfreeom0 For evelo1e countries, messaging to counter locali=ation shoul focus on the urgent nee to com;atcy;ercrime an im1rove cy;er security,53 the averse e"ects on freeom of e-1ression, an interference with thee-1ansion of InternetA;orne commerce at Gust the time that their economies are emerging from the %reatRecession0 )hese views might resonate within evelo1ing countries as well, as woul the aitional argument that

locali=ation coul leave them 1ermanently on the 1oorer sie of the Tigital ivie0 0 )o the e-tentcommercially an logistically 1ossi;le, encry1t all user traHc to reassure customersof the security of their ata In orer to reassure foreign customers (as well as!merican customers for that matter7, 0S0 technology com1anies shoul see* toencry1t all ata traHc0 Encry1ting information owing among servers will not ma*eit im1ossi;le for intelligence agencies to snoo1 on iniviual users of Internetservices, an it will not have any signi?cant e"ect on vali su;1oenas for ata 0 Still,

wies1rea use of encry1tion technology ma*es mass surveillance more iHcult,whether conucte ;y governments or other so1histicate hac*ers, an woulserve to give customers some reason to ;elieve that !merican ?rms were sensitiveto their concerns0 0 E-1an Goint ventures with foreign enter1rises, an increase technology sharing,

1articularly with com1anies in evelo1ing countries0 )he calls for locali=ation may ;e mute if!merican technology ?rms can ;e seen as su11ortive of foreign enter1rises, an1articularly of the e"orts of evelo1ing countries to ;uil Internet sectors a;le to1rovie eHcient an ine-1ensive services to their 1o1ulations0 )o that en, !merican

com1anies ought to use some of their resources to launch Goint ventures with foreign com1anies, es1ecially

com1anies in the evelo1ing worl0 )his 1rocess will inevita;ly entail some technologytransfers with the attenant ris* of the loss of 1ro1rietary intellectual 1ro1erty, ;ut

the mitigation of that ris* is largely within the control of the sharing com1any , unli*ethe 1olitical ris*s involve in ata locali=ation0 9hile Goint ventures an technology sharing woul;e es1ecially welcome in evelo1ing countries (an thus turn own the heatgenerate ;y their 1olitical elites7, ventures with the com1anies of evelo1ecountries might also serve the antiAlocali=ation cause b woul .eutsche )ele*om ;e so eager to

e-clue !merican com1anies if it woul 1ro?t more immeiately, an 1erha1s more securely, as a 1artner, ratherthan as a com1etitor, of its !merican counter1artsZ



Fede%ais CP



**1n#8e?t4 8e U9F soud substantia( %edu#e its aid di%e#ted to

state gove%nents and de#%ease its %eguation o) state

#oe%#e;

Fede%a aid &%og%as to states in#%eases )ede%ais> it )o%#es

state gove%nents to s&end o%e to %esove ne$ &%obes and

iits te $a(s states #an use te )unds

Ed$a%ds 1< (Chris Ewars0 .irector of ta- 1olicy stuies at Cato TFiscal

Feeralism0 $une 345/0 P0 /AM0htt1+22www0ownsi=inggovernment0org2sites2ownsi=inggovernment0org2?les21f2?scalAfeeralism6401f722Eer=

)he theory ;ehin grantsAinAai is that the feeral government can create su;siy

1rograms in the national interest to eHciently solve local 1ro;lems0 )he ;elief is that1olicyma*ers can is1assionately allocate large sums of money across hunres of activities ;ase on a rational

1lan esigne in 9ashington0 )he feeral ai system oes not wor* that way in 1ractice0

ost feeral 1oliticians are not incline to 1ursue ;roa, national goals, ;ut areconsume ;y the com1etitive scram;le to secure su;siies for their states0 !t the same

time, )ede%a aid stiuates ove%s&ending b( state gove%nents and #%eates

a $eb o) to&>do$n %ues tat dest%o( state innovation0 !t all levels of the ai system,

te )o#us is on a?ii:ing te one( s&ent and %eguato%( #o&ian#e3not on deive%ing Guait( se%vi#es0 )he following are eight reasons why the feeral ai system

oesnt ma*e any economic or 1ractical sense an ought to ;e ownsi=e or eliminate0 50 :o magical source offeeral funs0 !i su11orters ;emoan the Tlac* of resources at the state level an ;elieve that ncle Sam has

enlessly ee1 1oc*ets to hel1 out0 But every ollar of feeral ai sent to the states is

ultimately ta*en from feeral ta-1ayers who live in the L4 states0 Its true that the feeralgovernment has a greater a;ility to run e?cits than state governments, ;ut thats an argument against the ai

system not in favor of it0 By moving the funing of state activities u1 to the feeral level, t he ai system hastilte !merican government towar unsustaina;le e?cit ?nancing 0 30 %rants s1ur

wasteful s1ening0 )he ;asic incentive structure of ai 1rograms encouragesovers1ening ;y feeral an state 1olicyma*ers0 <ne reason is that 1olicyma*ers at ;oth levels

can claim creit for s1ening on a 1rogram, while relying on the other level of government to collect 1art of the ta-

;ill0 !nother cause of overs1ening is that feeral 1olicyma*ers create 1rogramstructures, such as matching, that 1rom1t the states to increase s1ening 0 ! ty1ical

match is L4 1ercent, which means that for every 3 million a state e-1ans a 1rogram, the feeral governmentchi1s in 5 million0 atching reuces the T1rice of states ae s1ening, thus 1rom1ting them to e-1an1rograms0 ost feeral ai is for 1rograms that have matching re>uirements, with eicai ;eing the largest such1rogram0 <ne way to reuce s1ening incentives is to convert o1enAene matching grants to ;loc* grants0 Bloc*

grants 1rovie a ?-e sum to states an give them e-i;ility on 1rogram esign0 )he ;est e-am1le of such a reformwas the 5N welfare overhaul, which turne !i to Families with .e1enent Chilren (an o1enAene matchinggrant7 into )em1orary!ssistance for :eey Families (a lum1Asum ;loc* grant70 Similar ;loc* grant reforms shoul ;e1ursue for eicai an other 1rograms0 Converting 1rograms to ;loc* grants woul reuce incentives for statesto overs1en, an it woul ma*e it easier for Congress to cut feeral s1ening in the future0 /0!i allocation oesntmatch any consistent iea of nee0 Su11orters of feeral grants assume that funing can ;e o1timally istri;ute tothose activities an states with the greatest nees0 But even if such reistri;ution was a goo iea, the ai systemhas never wor*e that way in 1ractice0! 5M4 article in Congressional uarterly lamente+ T)he grantsAinAaisystem in the nite States has evelo1e in a ha1ha=ar fashion0 Particular services have ;een single out forsu;siy at the ;ehest of 1ressure grou1s, an little attention has ;een given to national an state interests as a

whole033!n a 55 re1ort ;y the !visory Commission on Intergovernmental Relations conclue that T feeral



grantAinAai 1rograms have never reecte any consistent or coherentinter1retation of national nees03/ Its the same situation toay0 9ith highway ai, fore-am1le, some states with greater nees ue to growing 1o1ulationsYsuch as

)e-asYconsistently get the short en of the stic* on funing03M Even if funs wereallocate to the states ;ase on nee, stateAlevel ecisions can nullify feeral

e"orts0 For e-am1le, the largest eucation grant 1rogram, )itle I, is su11ose to target ai to the 1oorest schoolistricts0 But evience inicates that state an local governments use )itle I funs to is1lace their own funing of1oor schools, thus ma*ing 1oor schools no further ahea than without feeral ai03L M0 %rants reuce state 1olicy

iversity; Fede%a g%ants %edu#e state dive%sit( and innovation be#ause te(

#oe $it one>si:e>-s#a andates0 ! goo e-am1le was the LLAmileA1erAhour national s1ee

limit, which was enforce ;etween 5DM an 5L ;y feeral threats of withrawing highway grant money0 It nevermae sense that the same s1ee shoul ;e im1ose in uncongeste rural states an congeste ur;an states, anCongress ?nally listene to motorists an re1eale the law0 !nother e-am1le of to1Aown feeral rules is the :oChil Jeft Behin eucation law of 34430 )o receive :CJB grant funing, the law re>uire states to meet feeralmanates, such as ensuring that all teachers were Thighly >uali?e, that S1anishAlanguage versions of tests ;eaministere, an that certain chilren ;e tutore after school0 any states 1asse resolutions attac*ing :CJB for

unermining states rights0 )he .avisABacon la;or rules are another e-am1le of harmfulregulations tie to feeral ai0 State 1u;lic wor*s 1roGects that receive feeral aimust 1ay wor*ers T1revailing wages0 Since that generally inter1rete to mean higher unionAlevel

wages, .avisABacon rules increase construction costs on government investments,such as highway 1roGects0 L0 %rant regulations ;ree ;ureaucracy0 Feeral ai is not a costless inGection of

funing to the states0 Feeral ta-1ayers 1ay the irect costs of the grants, ;ut ta-1ayersat all levels of government are ;urene ;y the costly ;ureaucracy neee tosu11ort the system0 )he ai system engulfs government wor*ers with un1rouctive activities such as

1ro1osal writing, 1rogram re1orting, regulatory com1liance, auiting, an litigation; Man( o) te 1

iion &eo&e e&o(ed b( state and o#a gove%nents ust dea $it

#o&e? )ede%a %eguations %eated to und%eds o) aid &%og%as; )here are

s1eci?c rules for each 1rogram, which may ;e hunres or even thousans of 1ages in length0 )here areTcrosscutting re>uirements, which are 1rovisions that a11ly across ai 1rograms, such as la;or mar*et rules0!nthere are Tcrossover sanctions, which are the 1enalties im1ose on the states if they ont meet feeral

re>uirements0 Each of the more than 5,544 ai 1rograms have i"erent rules, an theactivities fune ;y the 1rograms often overla1, which causes more confusion0 For

e-am1le, state an local oHcials eal with 5N i"erent feeral 1rograms that fun ?rst res1oners, such as

?re?ghters03N 8at tange o) &%og%as not on( #%eates a ot o) &a&e%$o%.3 it

a( aso ead to o%e )%agented &anning o) disaste% %es&onse0 N0 %rants

cause 1olicyma*ing overloa0 <ne conse>uence of the large ai system is that the time s1ent ;y feeral 1oliticianson state an local issues ta*es away from their focus on truly national issues0 In the years after 255, for e-am1le,investigations reveale that most mem;ers of the &ouse an Senate intelligence committees i not ;other, or inot have time, to rea crucial intelligence re1orts03D any of these mem;ers were 1ro;a;ly s1ening their timetrying to steer ;uget monies towar local activities in their home states0 )he feeral involvement in hunres ofnonfeeral 1olicy areas overloas 9ashingtons 1olicy agena0 Presient Calvin Coolige was right in 53L when heargue that ai to the states shoul ;e cut ;ecause it was Tencum;ering the national government ;eyon its

wisom to com1rehen, or its a;ility to aminister its 1ro1er roles03 D0 %ants a.e gove%nent

%es&onsibiities un#ea%0 )he three layers of government in the nite States no longer resem;le the

tiy layer ca*e that e-iste in the 5th century0 Instea, they are li*e a Gum;le mar;le ca*e with res1onsi;ilitiesfragmente across multi1le layers0 Feeral ai has mae it iHcult for citi=ens to ?gure out which level ofgovernment is res1onsi;le for 1articular 1olicy outcomes0 !ll three levels of government 1lay ;ig roles in such areas

as trans1ortation an eucation, thus ma*ing accounta;ility iHcult0 )o ma*e matters worse, 1oliticians have;ecome s*ille at 1ointing ?ngers of ;lame at other levels of government, as wasevient in the aftermath of &urricane Katrina in 344L0 9hen every government is res1onsi;le

for an activity, no government is res1onsi;le0



>>?t4 soven#(8e )ede%a gove%nent uses state )unding to e?tend its &o$e%

)u%te% b( atta#ing #onditions to te aid> tat in#%eases

)ede%ais> on( #utting )unding #an sove

ate%s 15 ' $im 9aters0 Presient of the Bluegrass Institute0 &e cites to1ice-1erts in the car0 TBluegrass Beacon+ )he Seuction of States0 !1ril 54, 345L0htt1+22www0;i11s0org2tag2feeralAfuningAtoAstates2722Eer=

T9hen our emotions are engage, we often have trou;le seeing things as they are, Ro;ert %reene writes in his

international ;estseller T)he !rt of Seuction0 It ha11ens fre>uently with 1oliticians0 9hen the feeralgovernment waves ;ig money in front of state lawma*ers b es1ecially for se-y

1roGects that 1oliticians can rush ;ac* to their istricts, wave ;ig chec*s an claimcreit for b its almost im1ossi;le for 1olicyma*ers from a 1oor state li*e Kentuc*y not to

feel the eu1horia an glaly acce1t it0 Feeral ollars now com1rise more than /L 1ercent of Kentuc*ys

general revenues0 ore than ;illion of the 3/ ;illion that Kentuc*y collecte in general revenues in 345/ camefrom 9ashington0 !ccoring to State Buget Solutions, only four states receive more feeralAai ollars than

Kentuc*y0 :ationwie s1ening on feeral grants to states an local governments hasgrown from 3M ;illion in 5D4 to NM4 ;illion toay0 In 3454, there were 5,544 i"erent grants

totaling N40M ;illion b 5D 1ercent of the entire feeral ;uget b wave in front of states0 ost trou;lesome is the

ra1i growth weve seen in feeral grantsAinAai s1ening in states Gust since the turn of this century0 )henum;er of state e1ening on the feeral government for at least oneAthir of theirtotal revenues has more than ou;le b from 55 in 3445 to 3M states in 3453 to /4 states in 345/0

<nly nine states have not increase their e1enency on feeralAgovernment revenues since 34450 .ont ;e fooleinto thin*ing that 9ashington is Gust ?lle with ;enevolent ;etters who sim1ly want states to have resources to

s1en as they see ?t0 An in#%ease in )ede%a )unding %esuts in a #o%%es&ondingde#%ease in state and o#a #ont%o +$ie t%eatening te statesD ong>%un

autono(3, writes 9ashington E-aminer commentator .avi Freoso0 T)he reason is that with f ede%a

&at%onage #oes )ede%a eve%age0 Perha1s no more ;latant e-am1le of this

occurre when the <;ama aministration threatene to cut o" all feeral matchingfuns if states int e-1an their eicai 1rograms0 9hile that 1articular scheme was struc*

own ;y the Su1reme Court, the courts ismayingly have u1hel the right of Congress to wave feeral ollars toget states to su;mit to its authority b even when such 1ower is com1letely outsie the fes constitutional 1urview0TCongress may achieve ;y seuction what it has no 1ower to com1el irectly, $ames J0 Buc*ley writes in his new;oo* TSaving Congress from Itself+ Emanci1ating the States an Em1owering the Peo1le0 In 5D, for e-am1le, thehigh court in South .a*ota v0 .ole u1hel the constitutionality of withholing feeral funs from states whose legalrin*ing age i not conform to what 9ashington wante0 )he courts maGority com1letely ignore limits on feeral1ower an the :inth an )enth amenments b which 1lace a maGority of authority in states hans b an instearule that the Constitutions Tgeneral welfare clause essentially invites the feeral government to seuce stateswith its money0 &owever, Tif the s1ening 1ower is to ;e limite only ;y Congress notion of the general welfare,

the reality U is that the S1ening Clause gives 1ower to the Congress U to ;ecomea 1arliament of the whole 1eo1le, su;Gect to no restrictions save such as are selfAim1ose, $ustice Sanra .ay <Connor wrote in her .ole issent0 T)his was not the Framers 1lan an it is not

the meaning of the S1ening Clause0 )he e;ate here is not a;out whether esta;lishing a legal rin*ing

age, eucation al stanars, re>uiring seat;elts or myria other 1olicies force u1on states ;y 9ashington are goo

or ;a ieas0 Rather, its a;out which sco1e of authority b the fes or state an localgovernments b is most constitutionally a11ro1riate in which to enact such 1olicies,

an whether 9ashingtons use of seuction to get its way is acce1ta;le0



9tate de&enden#e on )ede%a assistan#e is in#%easing %a&id(>

tat eaves states at te ands o) )ede%a &o$e%

F%eddoso 1 (.avi Freoso0 !merican 1olitical conservative commentator,

Gournalist, an author0 TE-ogra1hy+ State government e1enence on feeralfuning growing at alarming rate0 !1ril 5L, 345M0

htt1+22www0washingtone-aminer0com2stateAgovernmentAe1enenceAonAfeeralAfuningAgrowingAatAalarmingArate2article23LMD34722Eer=

<nly 55 states e1ene on the feeral government for more than oneAthir of their total revenues in 34450 By

3453, 3M states foun themselves in this situation0 StateA;yAstate ata from the 0S0 CensusBureau, com1ile ;y the State Buget Solutions non1ro?t, illustrates the tren ofincreasing state e1enence on feeral ?nancial assistance0 FortyAone of the L4 states have

;ecome more e1enent on the feeral government since 3445 Y with feeral ollars accounting for an increasingshare of their total revenues0 )his tren of increase state e1enency on 9ashington reuces state an local

control, while threatening the states@ longArun autonomy0 )he reason is that with feeral 1atronagecomes feeral leverage0 )he original <;amacare 1lan, for e-am1le, was to force states to e-1an eicai

;y threatening them with loss of all feeral matching eicai funs if they refuse0 !lthough that 1articular

scheme was struc* own ;y the Su1reme Court, state gove%nents ate to tu%n do$n%evenue3 and )ede%a doa%s ave st%ings atta#ed tat )o%#e states eite%

to o&e%ate as asington &%e)e%s o% ose te one(; )his 1ro;lem ise-acer;ate ;y the feeral government@s control of the currency an a;ility to;orrow virtually unlimite amounts of money0 :o state can 1rint money, an most states must

;alance their annual or ;iennial ;ugets0 States that e1en on feeral funs are alsovulnera;le when 9ashington cuts 1rograms0 Below is a loo* at the ?ve states whose ?nancial

e1enency on 9ashington grew the most ;etween 3445 an 34530 Kee1 in min that this is not merely a measureof feeral ollars s1ent in any 1articular state, ;ut rather a loo* at the share of feeral money ma*ing u1 a state@soverall ;uget, an how fast that share has grown since 34450 )he feeral money that goes to states AA *nownoHcially as 8intraAgovernmental revenue8 AA inclues everything from oneAtime stimulus an isaster grants tohighway funs an feeral contri;utions to stateArun welfare 1rograms0 !lso note that some states with lower ta-esan smaller governments will a11ear to ;e more e1enent ;ecause feerally fune 1rograms necessarily

com1rise ;igger 1ortions of their ;ugets0



A Ans$e%sFede%a aid to states is .e( to &%eventing e#onoi# #oa&se

and )unding ne#essa%( &%og%as tat states #anDt> states a%e

not ao$ed to ave de-#its

E#onoi# Q Finan#ia ee.( 10 (Economic Q Financial 9ee*ly0 T.es1erateStates :ee Feeral !i0 !ugust 5,, 34540 P0 /0htt1+22research0hanels;an*en0se2!ttachments2MM2EconomicO34QO34FinancialO349ee*lyO3434O34augustO34345401f722Eer=

.es1erate state governments nee more feeral ai0 State an local government s1ening has

ecrease ;y more than 3 1ercent since the ;eginning of the recession ue to ;alance ;uget laws0 )he

contraction is li*ely not over yet, as state ta- e-1eniture tens to lag economic activity ;ya11ro-imately two years0 9e ;elieve that e?isting )ede%a su&&o%t &%og%aes to

states a%e too sa to eiinate te %is. o) a doube di&3 an e-1ect more to come

in the future0 )he rules governing 1u;lic e-1eniture are very i"erent at the feeral an state levels0 )hefeeral government is free to run ;uget e?cits as long as they are acce1te ;y

Congress, whereas governments in almost all states have to com1ly with ;alance;uget laws 1reventing a ?scal e-1ansion0 )he feeral ?scal res1onse to the recession has ;een

very e-1ansionary, raising feeral nonAefence e-1eniture ;y aroun 55 1ercent efence e-1eniture has also

risen ramatically, ;ut this is li*ely mostly ue to the escalation of the war in !fghanistan0 State an localgovernment e-1eniture, on the other han, has ecline ;y slightly more than 3 1ercent0 oreover,

total 1u;lic e-1eniture has increase ;y slightly more than 3 1ercent since the ;eginning of the recession in.ecem;er of 344D0 :ormally, state savings o not have to ;e e-actly =ero, as ca1ital investment is not ty1ically

su;Gect to ;alance ;uget re>uirements0 &owever, e;t service 1ayments on ;ons use to?nance ca1ital 1roGects are generally mae out of o1erating ;ugets an thuscom1ete with eicai an other highA1riority 1rogrammes, wi# a( dete%

state gove%nents )%o unde%ta.ing ne$ in)%ast%u#tu%e &%oe#ts0 Presently,

state an ?scal e-1eniture constitutes L 1ercent of total 1u;lic e-1eniture, with the ;alance mae u1 ;y feeral

e-1eniture0 ost feeral s1ening is on efense, which constitutes 3 1ercent of total 1u;lic s1ening, leavingonly 5M 1ercent of total 1u;lic s1ening for feeral nonAefense e-1eniture0

9tates a%ead( a#. )unding> #utting it o%e u%ts te &oo%est

&o&uationsa%t 11 (!le-aner C0 &art0 Re1orterAresearcher at )he :ew Re1u;lic0 T)he Case forore Feeral !i0 Fe;ruary 5L, 34550htt1+22www0newre1u;lic0com2article2economy2/M42;ugetAo;amaAstateAaiAstimulus722Eer=

9hile the raconian changes uner consieration in many states are a sa legacy of the economic ownturn, theirsheer magnitue re1resents a failure of the feeral government+ From &ill Re1u;licans to Presient <;ama, oHcials in 9ashington are 1ro1osing new ;ugets that woulnt o nearly enoughto assist the states0 )here is no enying that states ;uget 1ro;lems are severe0

!ri=ona is short a;out 503 ;illion, aroun 5/ 1ercent of its 3455 ;uget0 Illinois faces a 5L;illion ga1, an astonishing MM0 1ercent of its 3455 ;uget0 innesota is forecasting a N03 ;illionhole, a;out a si-th of the states twoAyear ;uget0 !n California is gra11ling with the nationslargest e?citY3L0M ;illion, a;out /4 1ercent of what the state s1ent the year ;efore0

!ll in all, TMM states an the .istrict of Colum;ia are 1roGecting ;uget shortfallstotaling 53L ;illion for ?scal year 3453, accoring to the Center on Buget an Policy Priorities0 )hats

only slightly less than the entire ;uget of :ew Vor*0 States are facing these ga1s largely ;ecause ta- revenues are



well ;elow historical normsY)e-as, for e-am1le, is 1roGecte to collect D3 ;illion in ?scal 3453 an 345/, ownfrom D ;illion in the two years that 1recee itYan the ;a economy re>uires governments to su11ort more1eo1le with unem1loyment an eicai ;ene?ts0 9hats more, ;alanceA;uget 1rovisionsYunli*e the feeral

government, almost all states are for;ien from running e?citsYalso mean states cant Gust

;orrow money while they wait for the economy to recover0 So, as they have in recent years, states have1ro1ose again slashing their s1ening, shar1ly raising ta- rates, or a com;ination

thereof0 )he e"ects, unsur1risingly, coul ;e evastating0 In !ri=ona, if %overnor $an Brewers ;uget is enacte,34,444 1oor 1eo1le will lose their eicai ;ene?ts0 In )e-as, one ;uget uner

iscussion woul lay o" ,N44 state wor*ers, eliminate ?nancial ai for N4,444 collegestuents, en vocational reha;ilitation for a;out D,444 isa;le )e-ans, an slash alreayA

s*im1y eicai reim;ursement rates ;y 54 1ercent0



ege CPs



**9eabasing 1NC8e?t4 8e United 9tates Fede%a ove%nent soud deveo&

and i&eent a obie 9ea Basing nava #a&abiit( aied at

ensu%ing adeGuate United 9tates )o%$a%d de&o(ent and

&o$e% &%oe#tion #a&abiities;

9eabasing soves egeon(/ao$s %a&id de&o(ent and

goba dete%%en#ePe%%( HYichael is a S :avy Commaner (TIP<R)!:CE <F SE!B!SI:% )< J!:. P<9ER%E:ER!)I<: 344 Je-is :e-us722$Jee

Sea;asing su11orts numerous as1ects of !mericas :ational Security, .efense an

ilitary Strategies0 )his is ;est summari=e ;y Presient %eorge 90 Bush recently eclaring that the 0S0 is

Tevelo1ing Goint sea ;ases that will allow our forces to stri*e from oating 1latformsclose to the action, instea of ;eing e1enent on lan ;ases far from the ?ght 0 /N

In 1articular, 0S0 :ational .efense Strategy relies u1on the Ta;ility to ra1ily e1loy anree1loy forces as the T*eystone of 0S0 :ational ilitary Strategy0/D Sea;asingfacilitates ra1ily assem;ling an 1roGecting the forces re>uire to aress anytraitional, irregular, catastro1hic an2or isru1tive challenge an enies the sanctuary

neee to 1lan attac*s against the 0S0 an evelo1 wea1ons of mass estruction0 / )his

irectly aresses national o;Gectives regaring Tstrategic access to Tretainfreeom of action, Tstrengthening alliances an 1artnershi1s an esta;lishing Tfavora;le security

conitions0/ )hus, Sea;asing reassures our allies, hel1s eter an efeat 1otentialaversaries, ma-imi=es use of the Tglo;al commons of the high seas, an ensures

Ttimely generation an e1loyment of military forces throughout the worl0 M4 )his a11roach to force esign an

1lanning Tfocuses less on a s1eci?c aversary an more on e-i;ly res1oning to how

an Taversary might ?ght at a nearly unlimite num;er of locations0M5 )hus, the e-tremely e-i;leca1a;ilities of Sea;asing are ieally aligne with the e-tremely e-i;le re>uirements of the:ational Security, .efense an ilitary Strategies of the nite States0



>>?t4 9oves egeon(Leve%ages ou% best iita%( asset to boost e?ibiit( and

%edu#e %es&onse tiesPe%%( HYichael is a S :avy Commaner (TIP<R)!:CE <F SE!B!SI:% )< J!:. P<9ER

%E:ER!)I<: 344 Je-is :e-us722$Jee )he rise of the Soviet :avy uring the Col 9ar 1resente a new 1eer com1etitor an slowe evelo1ment of sea

;ase su11ort of lan 1ower generation0 &owever, te )a o) te 9oviet Union as %ene$ed

inte%est in +9eabasing;, < =n#e again3 te U;9; a#.s a &ee% #o&etito% onte ig seas and ust %e#onside% its %eevan#e to nationa se#u%it(0 )he

1rimary i"erence is that &untingtons avice has ;ecome even more relevant an im1ortant0 In 1articular,

9eabasing su&&o%ts te Nationa 9e#u%it( 9t%ategies o) te U;9; $it

obie o&e%ationa and ogisti#s &at)o%s tat e& oset te d%aati#

de#ine in U;9; a##ess to ove%seas bases0 )hese nationa se#u%it( st%ategies

%eGui%e %a&id a##ess to &otentia Joint =&e%ating A%eas and de&o(ent o))oo$>on )o%#es as ne#essa%( to dete% &otentia agg%esso%s and e?e#ute

and %ein)o%#e U;9; Fo%eign Poi#(0 In res1onse, 9ebasing ao$s te U;9; Nav( to&%oe#t iita%( &o$e% on so%t noti#e an($e%e in te gobe eite%uniate%a( o% in su&&o%t o) Joint and #obined o&e%ations0 )his eiinates

te need to su&&o%t a%gina( deo#%ati# %egies )o% )ea% o) osing

a##ess to ove%seas bases o% )o%#ib( sei:e o% estabis a%gina( use)ue?&editiona%( ai% and sea &o%ts; Rather, $oint Force Coande%s #an a&&( )o%#e

di%e#t( to an obe#tive at te tie and &a#e o) tei% #oosing )%o te

%eative sa)et( o) te ig seas !s a result, 9eabasing as be#oe a Joint"nteg%ating Con#e&t o) g%eat i&o%tan#e to a as&e#ts o) te U;9;

6e&a%tent o) 6e)ense0 S1eci?cally, 9ebasing )o%s one o) te +Pia%s, o) te

+9ea Po$e% 21, st%ateg( to evove te U;9; Nav( )%o a +bue>$ate%3 $a%>

at>sea, )o%#e to a +goba oint o&e%ations force,

$i# is #a&abe o)#on)%onting +%egiona and t%ansnationa dange%s, on and as $e as sea;M

Similarly, 9eabasing is essentia to t%ans)o%ing te U;9; A%( and Ai% Fo%#e

to a o%e %es&onsive and t%u( oint )o%#e0 Vet, over L4 years after &untington ?rst

escri;e its im1ortance, the 0S0 :avy an .e1artment of .efense are still struggling to clearly e?ne the goalsan o;Gectives of Sea;asing an overcome the Tmythology an misunerstaning that has Tstie itsevelo1ment0L



**Co&ensation CP8e?t4 8e 6e&a%tent o) 6e)ense ust %edu#e its #iviian

&a(%o e?&enses using )u%ougs3 %e)o% its #o&ensation

s(ste b( using te &%e)e%en#e>based bene-ts o&tii:ation

a&&%oa#3 and %ee?aine te si:e and st%u#tu%e o) te6e&a%tent o) 6e)ense #iviian $o%.)o%#e;

9oves egeon( and as bi&a%tisan su&&o%tAdas et a; 1</%oron is a Professor in the S Foreign Policy Program at the School ofInternational Service, !merican niversity0 &e is also a .istinguishe Fellow at the StimsonCenter0 &e was a Fellow at the 9oorow 9ilson International Center for Scholar .avi Barno,Jieutenant %eneral S! (Ret07, Center for a :ew !merican Security :ora Bensahel, Centerfor a :ew !merican Security .avi Berteau, Center for Strategic an International StuiesBarry Blechman, Stimson Center Shawn Brimley, Center for a :ew !merican Security

)homas .onnelly, !merican Enter1rise Institute ac*en=ie Eaglen, !merican Enter1riseInstitute Paul Eaton, aGor %eneral S! (Ret07, :ational Security :etwor* Eric Eelman,Foreign Policy Initiative :athan Freier, Center for Strategic an International Stuies ar*%un=inger, Center for Strategic an Bugetary !ssessments Christo1her %riHn, ForeignPolicy Initiative )o &arrison, Center for Strategic an Bugetary !ssessments JawrenceKor;, Center for !merican Progress !nrew Kre1inevich, Center for Strategic an Bugetary!ssessments aren Jee, Center for Strategic an International Stuies Clar* uroc*,Center for Strategic an International Stuies ichael <&anlon, Broo*ings InstitutionChristo1her Pre;le, Cato Institute Russell Rum;augh, Stimson Center $im )homas, Center forStrategic an Bugetary !ssessments Kim 9incu1, Center for Strategic an InternationalStuies Ro;ert 9or*, Center for a :ew !merican Security .ov a*heim, Center for Strategican International Stuies (T Consensus on efense reforms $une /, 345/htt1+22www0aei0org21u;lication2consensusAonAefenseAreforms2722$Jee

A st%i.ing bi&a%tisan #onsensus e?ists toda( across the thin* tan* community on the nee

for Pentagon an Congressional leaers to aress the growing im;alances within the efense ;uget that threaten

the health an longAterm via;ility of !merica@s volunteer military0_ "t is ou% share beie) tat te6e&a%tent o) 6e)ense urgently needs to #ose e?#ess bases and )a#iities3

%ee?aine te si:e and st%u#tu%e o) te 6o6 #iviian $o%.)o%#e3 and %e)o%

iita%( #o&ensation0 9hile we o not all agree on the ;est a11roach to reform in each case, we

agree tat i) tese issues a%e not add%essed , te( $i g%adua( #onsue te

de)ense budget )%o $itin0 8is $i eave a sae% sa%e o) te budget

to &a( )o% te anning3 t%aining and eGui&&ing o) ou% a%ed )o%#es tata.e te U;9; iita%( se#ond to none;] )here is no shortage of useful ieas on how to ;egin

aressing these 1ressing matters0 )he challenge has ;een getting Congress an the aministration to amit

change is re>uire an ta*e action0 For e-am1le, many in Congress are unerstana;ly fearful of re1eating themista*es of the most recent roun of ;ase closures in 344L0 )his roun of closures was an anomaly in manyres1ects ;ecause it occurre uring a 1erio of growth in efense s1ening an em1hasi=e moving anconsoliating facilities instea of outright closures0 Conse>uently, .o.@s inventory of ;uilings only fell from 30M;illion s>uare feet to 30/ ;illion Y roughly L 1ercent of which is within the nite States0 )his i not yiel the *inof historical savings 1revious rouns of ;ase closures have ;rought the ta-1ayer0 Vet ;y .o.@s own estimates, itcurrently 1ays to maintain some 34 1ercent e-cess ca1acity in its infrastructureYresources that coul ;e ;etteruse to sustain our military muscle0 )o its creit, the aministration has as*e Congress to initiate another roun of

closures to reuce this e-cess ca1acity0 Mebe%s o) Cong%ess on bot sides o) te aise

soud &a%tne% $it te Pentagon to identi)( te t%ue s#ae o) e?#ess



#a&a#it( and ten $o%. e?&editious( to bette% at# te 6e&a%tentsvast net$o%. o) )a#iities to its s%in.ing )o%#e;_ 8e si:e and st%u#tu%e o)

te #iviian $o%.)o%#e is anote% a%ea in need o) #a%e)u e?aination an

restructuring that Pentagon leaershi1 has ;een reluctant to aress0 From 3445 to 3453, the active uty militarygrew ;y Gust /0M 1ercent0 Vet over the same timeframe the num;er of civilian efense em1loyees grew ;y 5D1ercent, an increase ?ve times greater than the arme forces0 9hile this large wor*force su11orts essentialmissions of the .e1artment an war?ghter, its growth over the 1ast ecae has, ;y an large, ;een unchec*e an

im;alance0 In the last four years alone, 6o6 #iviians ave g%o$n b( ten &e%#ent3 but it

is un#ea% i) tat g%o$t $as a&&%o&%iate( at#ed to te #anging needso) a do$nsi:ing iita%( and si)ting st%ateg(0 )his is a critical unanswere >uestion for

1olicyma*ers since .o. civilians are irectly em1loye ;y the government, consuming DM ;illion of the annual

efense ;uget0 ner se>uestration, 6o6 ust %edu#e its #iviian &a(%o e?&enses in201< using )u%ougs, but )u%ougs a%e e%e( a te&o%a%( eans o)

%edu#ing #osts0 9hen the new ?scal year ;egins on <cto;er 5, .o. will still have more civilian em1loyees

than it can a"or an >uite 1ossi;ly more than it nees0 It is 1ast time for the Pentagon to rightsi=e this wor*force

an ma*e 1ermanent reuctions in a thoughtful an targete manner0_ Finally, $e a ag%ee on te

need )o% a #o&%eensive evauation and ode%ni:ation o) te iita%(

#o&ensation s(ste0 8is s(ste as %eained essentially un#anged for forty

years, yet !merica@s highlyAmo;ile youth e-1ect an value various forms of com1ensation i"erently toay0 Bettermeeting the nees of a 35st century wor*force shoul ;e the riving force ;ehin reform0 But cost shoul ;e aconsieration, as shoul the outate forms of 1ayment for the 4 1ercent of service mem;ers who serve less thana full 34Ayear career0 From FV 3445 to FV 3453, the com1ensation cost 1er active uty service mem;er grew LN

1ercent, aGusting for ination, or a rate of M05 1ercent annually; 6o6 as &%o&osed an(in#%eenta #anges to te #o&ensation s(ste over the 1ast ?ve years to reuce this

rate of growth, but ea# tie Cong%ess as a%ge( %ee#ted 6o6s &%o&osas0 et

i) Cong%ess )ais to #u%b te g%o$t in iita%( #o&ensation #osts, te($i #ontinue to g%o$ as te de)ense budget s%in.s3 #%o$ding out )unds

needed )o% t%aining3 %eadiness and )o% te %e&a#eent o) $o%n out

eGui&ent0 Congress too* a moest ste1 forwar on this issue in 3453 ;y esta;lishing a ;i1artisan

commission to e-amine the military com1ensation system ;ut sto11e short of re>uiring itself to act on thecommission@s recommenations0 )o ma*e meaningful 1rogress on this issue, leaers of ;oth 1arties shoul, at a

minimum, commit to ;ringing the recommenations of this commission to a vote in ;oth cham;ers0 _ :one of these%e)o%s will ;e easy, 1ainless, or 1o1ular0 But they a%e a;solutely essentia to aintaining a

st%ong nationa de)ense ove% te ong te%; )hese smart an res1onsi;le initiatives

shoul ;e unerta*en ;y Pentagon an Congressional leaers regarless of the level of efense s1ening0 9hilethese reforms are necessary, they are not of themselves suHcient to meet the ?scal an strategic challenges themilitary currently faces0 )hose of us who have Goine together in su11ort of these e"orts ?n ourselves withi"ering views on many other issues, incluing the 1ro1er level of efense s1ening an how that money can ;est

;e allocate0 But $e a%e a in st%ong ag%eeent on te need to &u%sue tese .e(

%e)o%s )o% a t%ans)o%ing iita%(0 )o 1ara1hrase Presient Eisenhower, every unnecessary

;ase that remains o1en, every e-cess civilian em1loyee that remains on the 1ayroll, an every misAtargete ollarof military com1ensation signi?es, in the ?nal sense, a theft from ;oth the training an e>ui11ing of our young men

an women in uniform an, ultimately, the security of our citi=ens0 "t is tie )o% Cong%ess and te

=baa adinist%ation to a#t;



"nde-nite 6etention CP



**Reease o% 8%ia 1NC8e United 9tates )ede%a gove%nent soud eite% g%ant a

abeas t%ia to &%isone%s $itin a %easonabe tie o% g%anting

te %eease;

8e CP gua%antees tatCo$ 2011 [Samuel [$. # Caro=o' )he Kiyem;a Parao-+ Creating a $uicial

Framewor* to Eraicate Ine?nite, nlawful E-ecutive .etentions 5 Caro=o $0 Int@lQ Com10 J0 DDL *f7

)his :ote e-amines the availa;ility of ha;eas review in e-ecutive terroristetentions0 S1eci?cally, the sco1e of ha;eas is e-amine in light of recentinter1retations of the Guicial ;ranch@s a;ility, or lac* thereof, to orer release as aremey0 Courts have a rightful 1lace in the foreign relations e;ate an recent etainee cases 1oint

to ha;eas review as a means to e-ercise that role0 nM5 For ha;eas review to ;emeaningful, the a;ility to orer functional release, or release where the etainees

are no longer ;eing 1hysically etaine, must ;e availa;le0 )he restraints unaf has 1laceon functional release are not 1ro;lematic so long as the etainees@ li;erty interests are ae>uately accounte for0 )his :ote will argue that Kiyem;a 1oses the archety1al situation where etainees have ;een unlawfully hel for an

unreasona;le length of time, eroing that li;erty interest0 If releaseA1lus is necessary to e"ectuatefunctional release uner these conitions, courts must have the authority to grant it

A even if those circumstances only occur in a limite class of cases0 Inee, ;oth historical evience of the Guicial;ranch@s role in such circumstances an the avyas v0 .avis nM3 line of cases has alreay answere the >uestionof what ;alance must ;e struc* ;etween the li;erty interests of a etainee hel unlawfully an the e-ecutive

immigration 1rerogative0 Liits ust be &a#ed on how long a etainee may ;e helan the li;erty interest, uner circumstances where the etention has ;ecomeunreasona;ly lengthy, must win out0 nM/ Functional release, therefore, must a11ly whenunlawful etentions reach a 1oint where they can ;e characteri=e as unreasona;le0

Part II e-amines the historical evolution of ha;eas cor1us an emonstrates that its signi?cance as a Guicialremey e1ens on the courts@ a;ility to orer a etainee@s functional release0 Part III [D3' introuces thecontem1orary a11lication an sco1e of ha;eas cor1us in the conte-t of e-ecutive terrorist etentions0 Part IWe-amines the a11lication of immigration 1araigms to ha;eas Guris1ruence0 Part W argues, ;ase on the Kiyem;a

1arao-, that the courts@ role in reviewing such etention cases is su;stantiallyiminishe if they are una;le to meaningfully o"er release as a remey for unlawfuletentions0 ltimately, this :ote conclues that uner 1articular circumstances, the courts must havethe authority to orer release into the nite States ;ecause the availa;ility ofrelease as a remey is an essential element of ha;eas cor1us 0 Furthermore, if the availa;ility

of ha;eas review is constitutionallyAguarantee, then as a general rule, the availa;ility of release as a remey mustalso ;e guarantee0 )his :ote will show that these 1ro1ositions o not, contrary to what the government argue inKiyem;a, run counter to current unerstanings of the e-ecutive immigration authority0



>>?t 9oves de)e%en#e8e CP $i #%eate a %est%i#tion on te &%esidentDs &o$e%

Co$ 2011 [Samuel [$. # Caro=o' )he Kiyem;a Parao-+ Creating a $uicial

Framewor* to Eraicate Ine?nite, nlawful E-ecutive .etentions 5 Caro=o $0 Int@l

Q Com10 J0 DDL *f7 )he Kiyem;a 1etitioners were seventeen ighurs from China@s XinGiang Province who ha travele to !fghanistanan then to Pa*istan 1rior to Se1tem;er 55, 34450 n53M )hey were su;se>uently ca1ture ;y nite States militaryin Pa*istan uring its military cam1aign in !fghanistan0 n53L !ll seventeen ha ;een hel in %uantanamo Bay since3443 on CSR) eterminations mae in 344M that they were enemy com;atants0 n53N !fter Parhat v0 %ates, n53Dthe government retracte that etermination0 n53 )here, the .0C0 Circuit Court etermine that there wasinsuHcient evience lin*ing the 1etitioner, &u=aifa Parhat, to the E)I0 n53 In fact, the court ac*nowlege thateven if it ha etermine that Parhat was aHliate with the E)I, that etermination woul ;e insuHcient tosustain an enemy com;atant status in light of the unrelia;ility of the evience lin*ing the grou1 to al aea or the )ali;an0 n5/4 )his ?ning was su;se>uently a11lie to all the [DM' Kiyem;a 1etitioners0 n5/5_ Following Parhat,

the government concee that the ighurs@ etention was unlawful0 n5/3 In Kiyem;a, the governmentamitte that it no longer ha a legal ;asis to hol the ighurs0 n5// Inee, the .0C0Circuit Court agree that the ighurs may ;e entitle to release ;ase on their ha;eas 1etition0 n5/M &owever,

it also hel that it i not have the authority to release the etainees into the niteStates nor coul it overturn the government@s transfer eterminations 0 n5/L )his

conclusion was ;ase on the unerstaning that the court ha no authority to intrue on the E-ecutive@simmigration authority, n5/N which e"ectively 1reclue the court@s a;ility to 1rovie a meaningful remey forrelease0 )he ighurs sought release into the nite States ;ecause the nite States government coul not legallyreturn them to their home country of China on the ;asis of a high li*elihoo of torture u1on their return0 n5/D!itionally, es1ite the E-ecutive@s attem1ts to ?n an alternative asylum estination, no other thirA1artycountries were willing to receive them0 n5/ Political 1ressure from the Chinese government n5/ an theE-ecutive@s 1rior [DL' etermination that the ighurs were enemy com;atants n5M4 may have contri;ute to thegovernment@s ina;ility to resettle them0_ !fter the .0C0 Circuit Court issue its o1inion an while the 1etition forcertiorari was 1ening, the E-ecutive e-1ressly recogni=e the trou;ling scenario that the continue etention ofthe Kiyem;a 1etitioners 1ose0 .efense Secretary Ro;ert 0 %ates conclue that it was 8iHcult for the State.e1artment to ma*e the argument to other countries they shoul ta*e these 1eo1le that we have eeme, in thiscase, not to ;e angerous, if we won@t ta*e any of them ourselves08 n5M5 Inee, the E-ecutive was 1oise to senas many as seven of the 1etitioners to the nite States in 3440 n5M3 &owever, in res1onse to the threat of such

action, Congress attache a rier to the Su11lemental !11ro1riations !ct which1revente the use of efense funs to release any %uantanamo etainees into thenite States0 n5M/ Congress also 1asse two aitional 1ieces of legislationrestricting the a;ility of %uantanamo etainees to enter the nite States0 n5MM )he:ational .efense !uthori=ation !ct n5ML grante Congress a su;stantial egree ofcontrol over such releases an a s1ening 1rovision ;anne the .e1artment of&omelan Security from e"ectuating such release0 n5MN )he etainees@ ho1e for release,

therefore, turne again on the 1ening 1etition for certiorari0_ By the time the Su1reme Court grante certiorari inKiyem;a on <cto;er 344, ten of the seventeen 1etitioners ha ;een [DN' grante refuge an transferre four toBermua an si- to Palau0 n5MD )he o"er e-tene ;y Palau was >uali?e as ;eing an o"er for tem1oraryrelocation 1ening 1ermanent resettlement without the ho1e of o;taining citi=enshi10 n5M Si- of the remainingseven 1etitioners were also given the o11ortunity to transfer to Palau, ;ut ecline0 n5M <nly one 1etitioner, !r*inahmu, ha not receive an o"er of refuge from any country, 1rom1ting his ;rother an the ?ve other 1etitionersto reGect the o"er from Palau0 n5L4 ! favora;le ecision ;y the Su1reme Court seeme to ;e !r*in ahmu@s onlyho1e of esca1ing his unlawful etention, until the Swiss government announce it woul 1rovie refuge for ;othahmu an his ;rother0 n5L5 )he Su1reme Court, eciing that the unerlying facts of the case ha change;ecause all of the 1etitioners ha now receive at least one o"er of resettlement, vacate the .0C0 Circuit Courtecision an remane the case to allow the lower courts to ma*e a etermination in the ?rst instance0 n5L3 )he.0C0 Circuit Court 1rom1tly reinstate its original ecision, holing that regarless of any settlement o"ers (of lac*thereof7, the 1etitioners ha 8no right to ;e release into the nite States08 n5L/ )he remaining ?ve 1etitioners,still etaine at %uantanamo, have since ?le a secon 1etition for writ of certiorari0 n5LM _ )he facts in unaf anKiyem;a are vastly i"erent0 Vet, ;oth sets of 1etitioners sought releaseA1lus, an in ;oth circumstances, the 81lus8they sought was release into the nite States0 )he courts@ reasoning for refusing such a remey, however, is



entirely istinguisha;le in each res1ective case0 In unaf, the immigration issue face ;y the Kiyem;a 1etitionerswas a;sent since ;oth unaf 1etitioners ha ;een !merican citi=ens0 n5LL In that case, enial of the 81lus8 factorturne on the fact that the 1etitioners were attem1ting to rie roughsho over an international o;ligation thenite States ha to han over [DD' iniviuals who ha committe crimes on Ira>i soil to Ira>i oHcials, n5LN an

analogous element that i not e-ist in Kiyem;a0_ ltimately, the outcomes in unaf an Kiyem;a1oint to the overarching 1rinci1le that courts may have the legal authority to hear aha;eas 1etition, ;ut are limite as to the allocation of relief0 ! esira;le remey may not ;e

a11ro1riate, 1articularly when the remey sought is releaseA1lus0 &owever, it is unli*ely that unaf intene to1reclue releaseA1lus in all circumstances ;ecause oing so coul 1otentially create unconstitutional sus1ension0

9ith this in min, the ne-t issue that must ;e confronte is etermining whenrestrictions on the e"ectiveness of release are a11ro1riate an when they are not0

unaf serves as an e-am1le of the former, where limits on release are a11ro1riate0 Kiyem;a, argua;ly, serves asan e-am1le of when such limits are ina11ro1riate0_ IW0 Immigration in &a;eas $uris1ruence_ _ It is wellAesta;lishethat the availa;ility of ha;eas in the conte-t of e-ecutive etentions is its most signi?cant role0 n5LD 8!t itshistorical core, the writ of ha;eas cor1us has serve as a means of reviewing the legality of E-ecutive etention,

an it is in that conte-t that its 1rotections have ;een strongest08 n5L ! remey is ty1ically grantewhere the etention is unlawful for e-ecutive etentions, that remey hashistorically meant release0 n5L unaf@s relevance after Boumeiene concerne the Su1reme Court@s

inter1retation of 8release08 9hile unaf is factually i"erent from Kiyem;a, it 1rovie a winow into thegovernment@s inter1retation of what constitutes release0 unaf is also instructive in etermining, ultimately, how

release shoul ;e viewe as a constitutional matter0_ )he historical evelo1ment of ha;eas cor1us an the holing

in Boumeiene emonstrate ?rst, that release is im1erative to maintain the integrity of thewrit n5N4 an secon, that ha;eas cor1us [D' is a constitutionallyAguarantee right for certain

iniviuals0 n5N5 )hese two 1rinci1les su11ort the argument that e"orts to limit the availa;ility of release as aha;eas remey shoul, in the very least, re>uire a high egree of scrutiny0 Inee, in Boumeiene, $ustice Kenneynote that there are instances of unlawful etention where release may not ;e a11ro1riate0 n5N3 )herefore, in alimite set of circumstances the grant of release may not ;e constitutionally re>uire0 unaf suggeste thatre>uests for releaseA1lus go ;eyon what the Constitution re>uires0 In Kiyem;a, the government successfullyargue that the etainees shoul ;e enie release into the nite States ;ase on unaf@s releaseA1lus analysis0n5N/ &owever, 1reclusion of functional release is argua;ly ina11ro1riate there0 In fact, this unerstaning ofreleaseA1lus in Kiyem;a may have ;een an unconstitutional reaing of the immigration laws that the court harelie on0_ )he government@s argument in Kiyem;a was ;ase on Shaughnessy v0 e=ei n5NM an ;roainter1retations of Boumeiene an unaf0 n5NL )he government@s argument was twofol0 First, the governmentrelie on e=ei to groun the legal authority for e-cluing the Kiyem;a 1etitioners from entering the nite States0

n5NN Secon, unaf was use to reconcile the 1etitioners@ right to release with their continue etention0 n5ND _ !0e=ei an the %overnment@s ImmigrationABase Framewor*_ _ In e=ei, the Su1reme Court hel that the ine?niteetention of a nonAciti=en on Ellis Islan was not a 8[e1rivation' of any statutory or constitutional right08 n5N )he1etitioner, Ignat= e=ei, was ;orn in %i;raltar an live in the nite States for [D' over twentyA?ve years0 n5N&e left to visit his ying mother in Romania ;ut was enie entry to the country an attem1te to return to thenite States, only to iscover that a change in immigration laws while he was a;roa meant that he coul nolonger legally reAenter0 n5D4 &e was stuc* on Ellis Islan an attem1ts at resettling him faile misera;ly0 n5D5 )hegovernment argue that rather than viewing e=ei@s con?nement as etention, it shoul ;e construe as e-clusionn5D3 A the authority of which was, the government argue, ;ase on wellAfoune legal founations in niteStates immigration law0 n5D/ )he Court agree0 n5DM Em1loying ha;eas cor1us to orer the release of e=ei intothe nite States, it argue, was an im1ro1er e-ercise of Guicial iscretion0 n5DL In Kiyem;a, much li*e in e=ei,the government argue that releasing the 1etitioners into the nite States woul amount to an unlawful intrusioninto the authority of the 1olitical ;ranches to e-clue nonAciti=ens from entering nite States territory0 n5DN _

&owever, there are serious aws with the government@s e=eiA;ase argument 0 )he government wascorrect in asserting that it was 8un1receente8 to grant the courts authority toorer the E-ecutive to release etainees into the nite States0 n5DD It is also true,

however, that a Kiyem;aAty1e situation is un1receente0 <ne of the glaring i"erences ;etween the immigrationanalysis ao1te in e=ei an the facts in Kiyem;a is the nature of the etentions0 First, in immigration cases,etainees voluntarily come uner the Gurisiction of the nite States government u1on choosing to enter thecountry A this is sim1ly the nature of immigrationA;ase etentions0 )he ighurs, in contrast, [44' were ca1turein Pa*istan an forci;ly ;rought uner the Gurisictional um;rella of the nite States0 n5D )his is relevant toetermine the source of the etainees@ 1reicament, or how the etainees came uner nite States authority0 )hissuggests that ine?nite e-ecutive etention is less isconcerting when the situation is create ;y the etaineehimself0 )he government recogni=e, es1ite its reliance on immigrationA;ase analysis, that Guicial review ;ase

on immigration laws is ina11ro1riate0 n5D Secon, the government in e=ei etermine that the



1lainti" 1ose a threat to national security0 n54 )he same cannot ;e sai for the 1etitioners in

Kiyem;a0 9hile the 1etitioners were initially characteri=e as enemy com;atants A an, therefore, national securitythreats A the government has since withrawn su11ort for that etermination0 n55 !itionally, the government

ha not mae any further allegations or arguments to that e"ect0 )his inicates the governmentconcee there was no legal ;asis for the ine?nite etention of the ighurs0 By

a11lying e=ei in the Kiyem;a 1roceeings, the government ignore the signi?cant elements that istinguishimmigrationA;ase etentions foune on the conce1t of e-clusion from terrorist etentions0 In light of the1ronounce factual i"erences, that a11lication is trou;ling0



>>?t soves EU Reations8e CP soves/#osing ito $oud e& end te )%i#tion

bet$een te U9>EU %eationsA%#i#. 1YKristin is a s1ecialist in Euro1ean !"airs for the Congressional

Research Service (T0S0AE Coo1eration !gainst )errorism .ecem;er 5, 345Mhtt1s+22www0fas0org2sg12crs2row2RS334/401f722$Jee

0S0 an Euro1ean oHcials ali*e maintain that the im1erative to 1rovie freeoman security at home shoul not come at the cost of sacri?cing core 1rinci1les with res1ect to civil li;erties

an u1holing common stanars on human rights0 :evertheless, the status antreatment of sus1ecte terrorist etainees has often ;een a *ey 1oint of 0S0AEuro1eantension0 Es1ecially uring the former %eorge 90 Bush !ministration, a num;er of 0S0 1olicieswere su;Gect to wies1rea criticism in Euro1e these inclue the 0S0Arun etentionfacility at %uantnamo Bay, Cu;a 0S0 1lans to try enemy com;atants ;efore military commissions

an the use of Tenhance interrogation techni>ues0 )he 0S0 1ractice of Te-traorinary renition (or e-traGuicialtransfer of iniviuals from one country to another, often for the 1ur1ose of interrogation7 an the 1ossi;le1resence of CI! etention facilities in Euro1e also gri11e Euro1ean meia attention an 1rom1te numerous

investigations ;y the Euro1ean Parliament, national legislatures, an Guicial ;oies, among others0 Someiniviuals hel at %uantnamo an2or allegely su;Gect to 0S0 renition have ;eenEuro1ean citi=ens or resients0 any Euro1ean leaers an analysts viewe these0S0 terrorist etainee an interrogation 1olicies as ;eing in ;reach of internationalan Euro1ean law, an as egraing share values regaring human rights an the treatment of 1risoners0

oreover, they feare that such 0S0 1olicies wea*ene 0S0 an Euro1ean e"orts towin the ;attle for uslim Thearts an mins, consiere ;y many to ;e a crucialelement in countering terrorism0 )he Bush !ministration, however, efene its etainee an renition

1olices as im1ortant tools in the ?ght against terrorism, an vehemently enie allegations that such 1oliciesviolate 0S0 human rights commitments0 Bush !ministration oHcials ac*nowlege Euro1ean concerns a;out%uantnamo an sought agreements with foreign governments to acce1t some %uantnamo etainees, ;ut

maintaine that certain 1risoners were too angerous to ;e release0 U;9;>EU )%i#tions ove%

te%%o%ist detainee &oi#ies have su;sie to some egree since the start of the <;ama

!ministration0 E an other Euro1ean oHcials welcome Presient <;amasannouncement in $anuary 344 that the nite States intene to close the etention facilityat %uantnamo within a year0 )hey were also 1lease with Presient <;amas e-ecutive orer ;anning torture

an his initiative to review Bush !ministration legal o1inions regaring etention an interrogation methos0 In

arch 344, the 0S0 State .e1artment a11ointe a s1ecial envoy to wor* on closingthe etention facility, tas*e in 1articular with 1ersuaing countries in Euro1e an elsewhere to acce1t

etainees cleare for release ;ut who coul not ;e re1atriate to their country of origin for fear of torture ore-ecution0 Some E mem;ers acce1te small num;ers of release etainees, ;ut others ecline0 !t the same

time, the <;ama !ministration has face signi?cant challenges in its e"orts to close %uantnamo0 Someo;servers conten that 0S0 oHcials have ;een frustrate ;y the reluctance of other

countries, incluing some in Euro1e, to ta*e in more etainees 0 Congressional o11osition toelements of the !ministrations 1lan for closing %uantnamo, an certain restrictions im1ose ;y

Congress (incluing on the !ministrations a;ility to transfer etainees to other countries ami concerns that some

release etainees were engaging in terrorist activity7, have also 1resente o;stacles0 Conse>uently, the<;ama !ministration has not )u-ed its 1romise to shut own %uantnamo0 In

arch 3455, Presient <;ama signe an e-ecutive orer that in e"ect create a formal system of ine?niteetention for those etainees at %uantnamo not charge or convicte ;ut eeme too angerous to free0 )he!ministration also announce in arch 3455 an en to its twoAyear free=e on new military commission trials for

%uantnamo etainees0D/ Some Euro1ean 1olicy ma*ers continue to worry that as long as

https://www.fas.org/sgp/crs/row/RS22030.pdf)//JLee




%uantnamo remains o1en 3 it e&s se%ve as a %e#%uiting too )o% A Zaeda3 its

aHliates, an other Islamist e-tremist grou1s0 Euro1ean oHcials have also voice concern a;out the 1hysical wellA;eing of those etainees at %uantnamo who ;egan hunger stri*es in early 345/ to 1rotest their ongoing

incarceration0 In ay 345/, the Euro1ean Parliament ao1te a resolution that e-1resseconcern for those on hunger stri*e, an again calle u1on the nite States to closethe etention facility0DM )he <;ama !ministration asserts that it remains committe to closing

%uantnamo0 In late ay 345/, Presient <;ama renewe his 1lege to wor* towar this goal,an announce that 0S0 authorities woul restart the 1rocess of sening home or resettling in thir

countries those etainees alreay cleare for transfer0 In !ugust 345/, the !ministration release two !lgerianetainees (the ?rst such releases in nearly a year7, after certifying to Congress that they no longer 1ose a threat to0S0 national security0 eia sources inicate that nine aitional etainees were transferre to other countriesuring the remainer of 345/, incluing three to Slova*ia0 In .ecem;er 345/, Congress 1asse a measure in theFV345M efense authori=ation ;ill (P0J0 55/ANN7 easing restrictions on the !ministrations a;ility to transfer lowAris*

etainees to other countries0 In signing the ;ill into law, Presient <;ama asserte that itwas a Twelcome ste1 towar ultimately closing the etention facility, ;ut urgeCongress to lift other restrictions that still 1revent the transfer of %uantnamoetainees to 1risons on 0S0 soil for trial in 0S0 courts 0 Some commentators suggest, however,

that Congress may not ;e incline to ta*e further action aime at shuttering %uantnamo ami the controversythat eru1te in late ay 345M following the !ministrations transfer of ?ve )ali;an 1risoners from %uantnamo to

atar (without 1rior congressional noti?cation7 in e-change for the release of Sgt0 Bowe Bergahl from ca1tivity in!fghanistan0 <f the almost 44 iniviuals etaine at %uantnamo since early 3443, 1ress re1orts inicate that

5M/ remaine as of the en of :ovem;er 345M0DL Euro1ean concerns also linger a;out the 1astrole of Euro1ean governments in 0S0 terrorist etainee 1olicies an 1ractices 0 In

Se1tem;er 3453, the Euro1ean Parliament 1asse a non;ining resolution (;y LN votes to /M, with DD a;stentions7

calling u1on E mem;er states to investigate whether CI! etention facilities hae-iste on their territories0DN )he resolution urge Jithuania, Polan, an Romania in 1articular to o1en or

resume ine1enent investigations, an calle on several other mem;er states to fully isclose all relevant

information relate to sus1ecte CI! ights on their territory 0 eanwhile, some 0S0 an Euro1eanoHcials worry that allegations of 0S0 wrongoing an renitionArelate criminal1roceeings against CI! oHcers in some E states (stemming from the Bush era7 continueto cast a long shaow an coul 1ut vital 0S0AEuro1ean intelligence coo1eration

against terrorism at ris*0DD



>>?t 9oves 9o)t Po$e%8e #ounte%&an is .e( to sove so)t &o$e%

9u: H b Senior Fellow, Center for !merican Progress 9illiam F0 Schul=, 344,

Center for !merican Progress, 8)he Future of &uman Rights+ Restoring !mericas

Jeaershi1, www01olicyarchive0org2hanle25434D2;itstreams254501f, D25L2345L,B.

9hat has ;een far more 1ro;lematic over the last few years than ranom is1arities;etween omestic an international inter1retations of human rights law has ;een afunamental is1aragement of the authority of the international community itself 0Such e1reciation starte early+ in 3444 Conolee==a Rice, then foreign 1olicy avisor to caniate %eorge 90 Bush,wrote in Foreign !"airs maga=ine, TForeign 1olicy in a Re1u;lican aministrationUwill 1rocee from the ?rm grounof the national interest, not from the interests of an illusory international community [em1hasis ae'0 <ver the1ast seven years the 0S0 has re1eately emonstrate its contem1t for that allegely chimerical community ;yoing such things as Tunsigning the Rome statute of the International Criminal Court (ICC7 eclaring the %enevaConventions ina11lica;le to 1risoners at %uantanamo Bay an other soAcalle Tunlawful com;atants ignoring :?nings an resolutions in the runAu1 to the Ira> 9ar or refusing to stan for election to the : &uman Rights

Council0 )he conse>uences have ;een evastating for the re1utations ;oth of the 0S0,

which has seen its favora;ility ratings ro1 1reci1itously aroun the worl,L an,1arao-ically, of human rights themselves0 )he 0S0 has long 1rie itself on ;einga cham1ion of human rights an with much goo reason 0 9e woul have ha no niversal

.eclaration of &uman Rights ha it not ;een for Eleanor an Fran*lin Roosevelt the 0S0 1ushe har for the civilrights 1rovisions of the &elsin*i !ccors, there;y contri;uting to the eventual li;eration of Eastern Euro1e the 0S0 Guicial system with its wie array of ue 1rocess 1rotections has ;een a moel emulate ;y newly emergingcountries aroun the worl 0S0 i1lomats have fre>uently intervene on ;ehalf of 1olitical issients the Kosovo9ar was s1earheae ;y an !merican commitment to 1revent ethnic cleansing an the annual State .e1artmenthuman rights re1orts have long ;een an invalua;le resource to the cause of human rights0 )he current 0S0aministrations commitment to ;attling &IW2!I.S in !frica an its outs1o*enness on .arfur are consistent with this

traition0 But for the most 1owerful nation in the worl, long loo*e to as a moel ofhuman rights virtue, to unermine the international system itselfYthe veryframewor* u1on which human rights are 1reicateYis to cause immeasura;leamage to the struggle for li;erty0 Bac*trac*ing on our commitments tointernational treaties an norms in the name of efening human rights is not Gustironic0 <ne of the conse>uences of the Ira> 9ar with its latterAay human rights rationale an of the T9ar on

)error with its oftAstate goals of efening freeom an the rule of law is that human rights themselves havecome to ;e ienti?e with !mericas worlwie am;itions0 For human rights to ;e conate with, fairly or not, inthe wors of the critic .avi Rie", Tthe oHcial ieology of !merican em1ire,N only e-acer;ates the customarysus1icion in which human rights have ;een hel ;y some in the evelo1ing worl who see them as a guise for the

im1osition of 9estern values0 )he truth is that if human rights an the 0S0s 1ursuit of themare iscreite, !merican interests are 1ut in 1eril0 Reserving the o1tion to torture1risoners, enying them ha;eas cor1us, sening them into T;lac* site 1risonsYallthis ma*es it harer to efen !merica against the charge of hy1ocrisy the claimthat we are carrying out a war in efense of the rule of law ;y a;anoning that very

rule0 Such a charge hans foer for recruitment to our aversaries an ma*es the worl less safe for !mericans0

:o country can claim 1rotection for its own citi=ens overseas (;e they soliers ta*en as 1risoners, nationals charge

with crimes, or cor1orations face with e-tortion7 if it fails to res1ect international norms at home0 %lo;alrelations are ;ase in goo 1art on reci1rocity0 :or can the 0S0 o"er e"ectiveo;Gection to the human rights violations of others if it is guilty of those sameviolations itself or has shunne coo1eration with international allies0 :o nation, nomatter how 1owerful, can successfully 1ursue im1rovements in human rights



aroun the worl ine1enent of the international community 0 nilateral sanctions im1ose

u1on a country to 1rotest human rights a;uses will inevita;ly fail if they lac* the su11ort of others

"nde-nite detention #oa&ses inte%nationa #oo&e%ation

9#einin 12 b Professor of International Jaw, former : S1ecial Ra11orteur on

&uman Rights an CounterA)errorism

artin Scheinin, 525523453, 8Shoul &uman Rights )a*e a Bac* Seat in 9artimeZ8,www0realclearworl0com2articles234532452552national6efense6authori=ation6act6scheinin6interviewAfull0html, D25L2345L, B.

CJC+ !s a worl leaer an active 1romoter of universal human rights, the 1ractice ofine?nite etention without charge woul seem to clash with 0S0 ieals0 Coul you

comment on this contraictionZ S+ <ne of the main lessons learne in the international ?ght against terrorism isthat counterAterrorism 1rofessionals have graually come to learn an amit that human rights violations are not an

acce1ta;le shortcut in an e"ective ?ght against terrorism0 Such measures ten to ;ac*?re inmulti1le ways0 )hey result in legal 1ro;lems ;y ham1ering 1rosecution, trial an1unishment0 )he use of torture is a clear e-am1le here0 )hey also ten to alienate

the communities with which authorities shoul ;e wor*ing in orer to etect an1revent terrorism0 !n they a to causes of terrorism, ;oth ;y 1er1etuating 8root causes8 that involve the

alienation of communities an ;y 1roviing 8triggering causes8 through which ;itter iniviuals ma*e the morallyine-cusa;le ecision to turn to methos of terrorism0 )he :.!! is Gust one more ste1 in the wrong irection, ;yaggravating the counter1rouctive e"ects of human rights violating measures 1ut in 1lace in the name ofcountering terrorism0 CJC+ .oes the :.!! a"or the 0S0 a 1ractical avantage in the ?ght against terrorismZ <r

might the law unermine its glo;al crei;ilityZ S+ It is har to see any 1ractical avantagegaine through the :.!!0 It is Gust another form of what I call sym;olic legislation,enacte ;ecause the legislators want to ;e seen as ;eing 8tough8 or as 8oingsomething08 )he law is written as Gust aHrming e-isting 1owers an 1ractices an hence not 1roviing any

meaningful new tools in the com;at of terrorism0 By constraining the choices ;y the e-ecutive, it neverthelessham1ers e"ective counterAterrorism wor*, incluing criminal investigation an 1rosecution, as well as internationalcounterAterrorism coo1eration, mar*ely in the issue of closing the %uantanamo Bay etention facility0 &ence, it

carries the ris* of istancing the nite States from its closest allies an the international community generally0 !nof course these *ins of legal 1rovisions are always o1en for ;a faith co1ying ;y re1ressive governments that willuse them for their own 1olitical 1ur1oses0 CJC+ .o you thin* the 0S0 ao1tion of the ine?nite etention 1rovisions

sets a 1receent for other countries to o soZ S+ <f course, these *ins of legal 1rovisions arealways o1en for ;a faith co1ying ;y re1ressive governments that will use them fortheir own 1olitical 1ur1oses0 :evertheless, one of the conclusions I rew at the en of my si-Ayear tenure

as nite :ations S1ecial Ra11orteur on human rights an counterAterrorism was that such co1ying of ;a laws is

less fre>uent than e-1ecte0 It is much more common that countries are willing to learn fromeach other a;out what really wor*s in the ?ght against terrorism, an for my 1art Ii my ;est to ientify an 1romote such ;est 1ractice0 )here are a lot of goomoels showing how laws can at the same time com1ly with human rights an1rouce real results in the ?ght against terrorism0 I on@t thin* countries genuinely

concerne a;out terrorism will ;e tem1te to follow the :.!! a11roach0 Butre1ressive governments may o so for their own 1olitical 1ur1oses0

Ending inde-nite detention is suI#ient to sove

UNU 10 b nite :ations niversity

nite :ations niversity, /2/23454, TEvent re1ort+ <;ama an the 9orl+ <ne VearJater, 9ith $eanAarc Coicau an )om Farer,



htt1+22www0ony0unu0eu2events2<;amaO34anO34theO34worl6EventO34re1ort01f, D25L2345L, B.

)he !m;assaor of am;ia as*e .ean Farer to give an assessment of <;amas 1olicy towars !frica, given that hemae no reference to this continent uring the tal*0 .ean Farer e-1laine that he saw an overla1 ;etween the1olicies of %eorge 90 Bush an <;ama in relation to !frica0 Inee, the S has increase the ow of resources tothe continent an has 1lace an em1hasis on meical assistance, in 1articular for &IW2!I.S, as well as for im1rove

governance (o1enness, 1luralism, an corru1tion reuction70 &e also mentione that the message of ;oth1resients was very much focuse on evelo1ment, sta;ility an increase 1rouction of 1u;lic goos in orer to

ma*e !frican countries attractive to 1rivate investment0 Finally, a :ICRI re1resentative critici=e the<;ama aministrations lac* of action in closing %uantanamo 0 .ean Farer res1one that

the 1resient ha to consier the intensity of the omestic 1olitical o11osition hewoul encounter0 oreover, the %uantanamo issue, a very im1ortant sym;ol of so)t&o$e% , is closely relate to matters such as inde-nite detention without trial antrial ;y s1ecial military tri;unal0 Further issues arose when <;ama was ;riefea;out the legal an 1olitical com1le-ities of convicting angerous iniviuals forwhom evience was secure through forms of intelligence that cannot ;e isclose 0



**8o%tu%e Re&o%ts 1NC8e?t4 8e Cent%a "nteigen#e Agen#( soud %eease a to%tu%e

%e&o%ts; 8e Cent%a "nteigen#e Agen#( soud institute a ban

on to%tu%e;

Reeasing to%tu%e %e&o%ts soves – tatDs tei% inte%na in.eviden#e

8e C"A a%ead( banned to%tu%e3 but te #ounte%&anDs du%abe

-at eans itDs not #i%#uvented

Le$is 71 b writer for )he %uarian

Paul Jewis, N25N2345L, )he %uarian, TSenate 1asses torture ;an es1ite Re1u;licano11osition, htt1+22www0theguarian0com2law2345L2Gun25N2senateA1assesAtortureA;anAre1u;licans, D25L2345L, B.

She escri;e the ;i1artisan su11ort of the amenment as Ta huge re1uiation of the former Bush aministration

oHcials who, she sai, have fought har since 1u;lication of the Senate re1ort to efen the CI!s tactics an Tturnthis into a 1artisan issue0` Jaura Pitter, a senior national security counsel at &uman Rights9atch, sai that the techni>ues use ;y the CI! were Talreay clearly 1rohi;iteuner S law when they were 1ractice, an it was 1ossi;le a future aministrationcoul once again ?n a way aroun the rules 0` &owever she argue the legislation cementing

<;amas orer, which manates the S military an agencies to only use techni>ues 1ermitte in the army manual,woul serve as an aitional ;ulwar* an Thel1 reinforce the ;an in the future0<11onents of the cCainAFeinsteinamenment, Pitter ae, may have raise reservations a;out the S committing to rules over etention that arecontaine in the army manual, which is a 1u;lic ocument0` Prior to the vote, Feinstein tol fellow senators that

<;amas ;an on torture was Tonly guarantee for as long as a future 1resientagrees to leave them in 1lace0 !lthough the techni>ues em1loye ;y the CI! were illegal, Feinstein

ae, there was also a 1ossi;ility that awe legal o1inions Gustifying the techni>uesTcoul ;e written again0` She 1ointe out that CI! irector $ohn Brennan agree with the1resients 344 1rohi;ition of enhance interrogation techni>ues an calle onfellow senators Tto recommit ourselves to the funamental 1rece1t that the niteStates oes not torture, without e>uivocation, without e-ce1tion0` &owever that was not a

1osition that more than a thir of Re1u;lican senators coul agree with0 cConnell an his maGority whi1, $ohnCornyn A the two most senior lawma*ers in the Senate b were among the 35 senators to o11ose the measure0 !llthose who vote against the amenment were Re1u;lican0` cCain use a s1eech ;efore the vote to rea out a listof senior military ?gures who he sai ;ac*e the 1ermanent ;an on those 1ast interrogation 1ractices which, hesai, Tcom1romise our values, staine our national honor an i little goo0



"nte%net F%eedo CPs



**"nte%net abing8e United 9tates )ede%a gove%nent soud egai:e nea%( a onine

gabing in te United 9tates;

9oves inte%net )%eedo

ibbe 72O71 (att, Freeom9or*s, 8Coalition Jetter+ :o Feeral Ban on Internet %am;ling87

9e, the unersigne iniviuals an organi=ations, are writing to e-1ress our ee1 concerns a;out the Restoration of !mericas 9ire!ct (&0R0 M/457, which woul institute a e facto ;an on internet gaming in all L4 states0 )he legislation is a ;roa overreach ;y thefeeral government over matters traitionally reserve for the states0 &0R0 M/45 will reverse current law in many states an

rastically increase the feeral governments regulatory 1ower0 !s we have seen in the 1ast, a ban will not sto1online gam;ling0 Prohi;iting states from legali=ing an regulating the 1ractice onlyensures that it will ;e 1ushe ;ac* into the shaows where crime can ourish withlittle oversight0 In this ;lac* mar*et, where virtually all sites are o1erate from a;roa, consumers have little to no

1rotection from 1reatory ;ehavior0 Perha1s even more concerning is the fact that this ;ill allowsthe feeral government to ta*e a eav( and in %eguating te "nte%net, o1ening the

oor for increase Internet regulation in the future0 By ;anning a select form of Internet commerce3

te )ede%a gove%nent is setting a t%oubing &%e#edent an 1roviing foer

to those who woul li*e to see in#%eased "nte%net %eguation in te )utu%e0 9e fear

that &0R0 M/45 will ;egin a dange%ous &%o#ess o) inte%net #enso%si& that willsimultaneously ;e circumvente ;y calculate international infringers whileconstraining the actions of 1rivate iniviuals an com1anies in the nite States0

Cu%%ent gabing a$s gut an( and a U9 #%ed on inte%net )%eedoMinton 2011 (ichelle Fe@s online 1o*er shutown assaults internet freeomay 5/ www0;reit;art0com2BigA%overnment2345524L25/2FesAAAA<nlineAPo*erAShutownA!ssaultsAInternetAFreeom *f7

<n !1ril 5L, a ay now *nown as TBlac* Friay, the 0S0 .e1artment of $ustice (.<$7 e"ectively shut own three

maGor online 1o*er we;sites ;y sei=ing their omain names0 )he .<$s heavyAhane 1rosecution o f the

we;sites, all of which are ;ase a;roa, has mae a moc*ery of !mericas statecommitment to Internet freeom 0 )he sei=ures have also hinere the onlinegam;ling o1erations in nations where Internet 1o*er is com1letely lawful an the 0S0 government has no

Gurisiction0 %iven that the sei=e 1o*er we;sites are house an regulate ;y foreign nationsYPo*er Stars isregistere in the Isle of an, Full )ilt in Irelan, an !;solute Po*er in !ntiguaYhow coul the 0S0 governmentunilaterally sei=e their omain namesZ )he short answer is that all of the sites en in T0com0 !ll such omains areregistere in the 0S0 an, hence, are su;Gect to 0S0 civil forfeiture laws0 !uthor an legal scholar Jarry .ownes hascriti>ue civil asset forfeiture laws on the )echnology Ji;eration Front ;log0 &e argues that the laws are actuallyintene to 1unish sus1ects ;efore they are convicte0 T)he 1ur1ose of forfeiture laws, .ownes laments, Tis tohel1 1rosecutors ?t the 1unishment to the crime, es1ecially when restitution of the victims or of the cost of1rosecution is otherwise unli*ely to have a eterrent e"ect0 .omain name sei=ures often occur without a trial an

often without any warning to the owners, as was the case in Blac* Friays sei=ure of 1o*er omains 0 )hegovernments move has reignite the controversy over 0S0 feeral agencies usingomain sei=ures to 1unish foreign entities allegely in violation of 0S0 laws0 9hile the

.<$ i not technically Tta*e own the 1o*er we;sites, feeral agents o;taine a court orer that com1elleWerisign, the glo;al o1erator of the 0com registry, to reroute the 1o*er sites omain names to a government 1agefeaturing intimiating feeral logos notifying users of the sei=ure0 !s a result of the sei=ure, no com1uter in theworlYeven those in countries where 1o*er is e-1licitly legalYcoul access the 1o*er sites via their omain names0 )his latest roun of sei=ures follows a series of similar actions ta*en in recent months ;y Immigration an CustomsEnforcement (ICE7, which has sei=e the omain names of o=ens of we;sites allege to ;e engage in co1yrightinfringement0 <ne such site, the S1ainA;ase RoGairecta0com, ha actually ;een eeme legal ;y S1anish courts0Perha1s in an e"ort to stem iscussion of sei=ures legality, the .<$ agree to unfree=e the 0com omains for Po*erStars an Full )ilt to allow 1layers to cash out their accounts an allow foreign gam;lers to continue 1laying on thesites0 In return, the we;sites were re>uire to 1romise to 1revent !mericanA;ase customers from 1laying 1o*er



games for money on their we;sites0 )he thir maGor site, !ntiguaA;ase !;solute Po*er, has re1ortely ;een o"erethe same T1rivilege in e-change for agreeing to ;ar 0S0 customers from 1laying for money0 &owever, !ntiguas?nance minister issue a statement last wee* accusing the 0S0 of shutting the sites own in orer to stam1 outcom1etition0 <nline gam;ling is !ntiguas secon largest em1loyer after the tourism inustry, so it comes as littlesur1rise that !ntigua is consiering reGecting .<$s Tcom1romise an instea challenging the 0S0 governments

action ;efore the 9orl )rae <rgani=ation (9)<70 It is ee1ly trou;ling that the nite States, acountry that 1ur1orts to value iniviual freeom, has so misera;ly faile to 1rotect

it when it comes to 1olitically incorrect 1ursuits li*e online gam;ling0 In e"ect, our governmentis ;ullying its own citi=ens an holing innocent foreign com1anies hostage0 &o1efully,

the events of Blac* Friay will focus 1u;lic attention on the aws of civil asset forfeiture laws an encourage foreign

nations to stan u1 to 0S0 authorities0 )he .<$s war of intimiation may have 1ut atem1orary hol on Internet 1o*er in the nite States, ;ut its heavyAhane tacticsshoul outrage any;oy who values freeom an iniviual rights0



>>?t4 soves inte%net )%eedoLegai:ing onine gabing .e( to inte%net )%eedo – itDs a 8%oan o%se )o%

$ides&%ead %eguation

8e)o%d 1072071

Eri* )elfor is senior vice 1resient at the Fran*lin Center for %overnment Q Pu;licIntegrity, )he &ill, <cto;er 34, 345M, TEning the cycle of casino cronyism,htt1+22thehill0com2;logs2congressA;log21olitics233553MAeningAtheAcycleAofAcasinoAcronyism

9hen 1owerful gaming interest are s1earheaing te -gt to ban onine gabing, it shoul give

you 1ause0 )heir main 1olicy o;Gective is focuse on feeral legislation to ;an online gam;ling outright b

sti ing their #o&etition ;efore it ever reaches the mar*et0 "t is a glim1se of crony ca1italism in its most

na*e form, an %e&%esents a ve%( t%oubing assaut on "nte%net )%eedo, giving

gove%nent a )oot in te doo% )o% a b%oade% %eguato%( %egie an usur1ingour feeralist system0 )he 3455, the .e1artment of $ustices 1osition inter1retation on Internet gam;ling

threw the issue to state legislaturesAAwhere it shoul ;e0 !lmost immeiately, :evaa, .elaware, an :ew $ersey

1asse legali=ing legislation0 )he Restoration of !mericas 9ire !ct, s1onsore ;y Sen0 Jinsey %raham (RAS0C07 anRe10 $ason Cha"et= (RAtah7 woul 1rohi;it interstate s1orts ;etting using wire services, e"ectively *illing onlinegam;ling across the states where its legal0 9hile their 1retense is to avance a moral goo, this 1olicy woulunermine the free mar*et, encourage crime, an eroes the constitutional conce1t of states rights0 Pro1onents ofthe regulation have ;rought in 1olitical heavyweights to unermine legali=e online gam;ling, incluing former!r*ansas Sen0 Blanche Jincoln (.7, who re1resents the Coalition to Sto1 Internet %am;ling, claiming that legali=ingonline gam;ling woul 1romote frau, aiction, an money launering0 8I thin* it@s going to ;e very iHcult towor* something out, Jincoln sai, 8I thin* it@s im1ortant to 1ut a timeAout on this an to sto1 an thin* a;out whatit@s going to mean to us as a nation in our economy, to our chilren an to our society08 &owever, these

&%obes a%ead( e?ist $it ba#. a%.et gabing mostly %un )%o ove%seas

$it &%o-ts funing shay an 1otentially angerous o1erations outsie the Gurisiction of state regulation an consumer 1rotections0 !lan Felman, an e-ecutive vice

1resient of % notes that online gam;ling Tis here, an itDs been e%e )o% a ve%( ong tie;

Legai:ing onine gabing $oud li*ely see o%e of a si)t )%o iega toega &a( instea of funneling customers away from traitional casinos an their tra11ings0 Free mar*et

avocates agree that consumers woul enGoy more security were this 1ursuit mae legal0 TIn this ;lac* mar*et,

where virtually all sites are o1erate from a;roa, consumers have little to no 1rotection from1reatory ;ehavior0 wrote oHcials of the Institute For Policy Innovation to several congressmen0 )hey then

share wier concern that TPerha1s even o%e #on#e%ning is te )a#t that this ;ill ao$s

te )ede%a gove%nent to ta.e a eav( and in %eguating te "nte%net3o&ening te doo% )o% in#%eased "nte%net %eguation in te )utu%e;, $ust li*eProhi;ition in the 534s, banning tis vi#e woul a#tua( in#entivi:e #%iina

beavio% ; )hose fearful of frau, chil 1artici1ation, an 1ro?ts iverte to gangsor terrorists soud &us )o% egai:ation in eve%( state to a.e te indust%(

as t%ans&a%ent as &ossibe; Jegali=ing this longAesta;lishe, multi;illion ollar ;usiness gets the

1ro?ts out of the shaows, e-1ans mar*et o11ortunities, an 1uts revenue into the co"ers of ;oth legitimate;usiness an state governments that will ;ene?t0

8e U9 as set a doube>standa%d on inte%net )%eedo/on( %e&eaingU"EA ao$s )o% it on a assive s#ae

a%dne% 2010 (!1ril %am;ling regulations will hel1 <;ama@s worl internetfreeom manate Se1 3/ www0casinogam;lingwe;0com2gam;lingAnews2gam;lingAlaw2gam;ling6regulations6will6hel16o;ama6s6worl6internet6freeom6manate6LLDL30html *f7



Presient <;ama gave a s1eech toay in front of the nite :ations %eneral !ssem;ly, an hismessage was largely one of iniviual freeom0 .uring the s1eech, <;ama touche on many issues,

1erha1s the most aggressive of which was having a Palestinian state se1arate from Israel0 <;ama s1o*e of allowingthe Palestinians their own state with the ho1e that Israelis an Palestinians coul live sie ;y sie in 1eace0 <;amaac*nowlege that this coul ta*e a long time, ;ut that the goal coul ;ecome a reality0 .uring the s1eech,

<;ama s1o*e a;out how the Internet shoul remain free f rom government

interference everywhere in the worl0 )he freeom to surf the Internet woul allow1eo1le all across the glo;e to research issues an learn from the wie array of news that is

currently foun on the Internet0 89e will su11ort a free an o1en Internet, so iniviuals have the information toma*e u1 their own mins,8 sai <;ama0 8!n it is time to em;race an e"ectively monitor norms that avance the

rights of civil society an guarantee its e-1ansion within an across ;orers08 )hat statement may have;een much ;etter receive ha the S not ha their own ;loc*s on Internet freeom0 )he Internet gam;ling inustry currently is o1erating as a ;lac* mar*et in the S ue to the 344N nlawful

Internet %am;ling Enforcement !ct0 )he law is a form of Internet censorshi1 that Re1resentative Barney Fran*

an other lawma*ers have ;een trying to re1eal0 In the >uest for Internet freeom, the S 1roclaims themselves as

leaers, however, the country must ;e careful with their 1lea0 If the S can 1lace Internet ;ans oncertain inustrie s, then little coul ;e one to sto1 other countries from ;anningi"erent inustries or we;sites ;ecause of their ;eliefs0 For instance, in countries where

religion is uni?e, there coul ;e ;ans on any material that the country ?ns outsie the rules of their 1articularreligion0 In other countries, ;ans coul ;e 1lace on inustries that are run largely ;y foreign o1erators0 Presient

<;ama too* a strong ?rst ste1 toay ;y 1romoting Internet freeom0 )he ne-t ste1will ;e ma*ing sure the S leas ;y e-am1le , an one area to start woul ;e ;y lifting the;an on Internet gam;ling 0 )he 1resient has lai own the gauntlet, an now it istime for him to follow his own lea0



>>?t4 inte%net on b%in.

Legai:ation signas %etu%n to inte%net )%eedo

Lega Casino 1 Portal for gam;ling news an articles htt1+22legalcasinous0com2

)he nite States must #ange tei% onine gabing a$s to so$ to the othernations that the time of the dis%es&e#t )o% te inte%nationa ag%eeents isene 0 <ne of these agreements is with the Euro1ean nion0 )he Euro1ean Commission has warne S! a long

time ago that their online casino laws violates the economic agreements with theEuro1ean union0 )he actual <;ama aministration has shown, ?nally, the goo wish to conform with such

agreements0 )he Re1resentative Barney Fran* has ;een a 1ro1onent for years of the online games legali=ation0 &ehas trie to o11ose to the I%E! (nlawful Internet %am;ling Enforcement !ct7 last year, ;ut not in vain0 )heRe1u;licans ha the control, ;ut now, with the emocrats, in the S there is the ho1e for a new law Internet%am;ling Jaw0 Fran* ;elieves that all the citi=ens of the nite States have the right to 1lay for money at the online

casino, in the 1rivacy of their houses0 Even some Re1u;lican s in 1ast ha fought for te

"nte%net )%eedo;



**inte%net )ede%ais

8e -)t( states o) te United 9tates soud egai:e nea%( a onine

gabing in te United 9tates;

9tate eve %eguation ao$s inte%net )ede%ais

ing3 10 [$0.0 caniate 3454, :orthwestern niversity School of Jaw, B0!0ile;ury College 3443, !R)ICJE+ %E<J<C!)I<: !:. FE.ER!JIS <: )&EI:)ER:E)+ C))I:% I:)ER:E) %!BJI:%@S %<R.I!: K:<), Je-is'

W0 C<:CJSI<: %am;ling, li*e most ivisive social issues, is ;est regulate at te state eve0 n54 Vet migration of

gam;lingto the Internet has com1licate matters greatly, giving rise to iHcult >uestions as towhich governmental entities are ;est suite to regulate an what the 1ro1er su;stantive regulatory regime ought to

;e0 )he failure of energetic feeral an state e"orts to 1rohi;it Internet gam;ling over the 1ast ecae suggests that the issue may 1resent a nearly im1regna;le 1ro;lem, or as this!rticle terms the matter, an Internet gam;ling %orian *not0 )he rise of geolocation technologies in recent years o"ers a new o11ortunity to cut through that %orian *not via a

Gurisictionally i"erentiate regulatory framewor* for Internet gam;ling0 %eolocation technologies are not 1erfect0 &owever,when they areintegrate into a feeralAstate framewor* in which states #oose tei% ownsu;stantive 1olicies from a limite 8menu8 of o1tions, these technologies cand%aati#a( i&%ove te deo#%ati# %es&onsiveness o) "nte%net gabinga$s3 in#%ease #o&ian#e $it te %ue o) a$3 and inte%nai:e te a%ge

and in#%easing #osts asso#iated $it &%oibition o) "nte%net gabing; Such an

a11roach is not immune to criticism, 1articularly in terms of its 1otential im1act on the funamental o1enness of the Internet in the longAterm0 In light of the mar*et avantagesassociate with Gurisictional i"erentiation an the nee for l aw to ;e su1reme over coe in ivisive areas such as Internet gam;ling, those raw;ac*s [DL' fail to outweigh the

1otential ;ene?ts o"ere ;y aggressive use of geolocation technologies0 )hese conclusions #a%%( i&i#ations tat go$e be(ond te "nte%net gabing debate 0 If Gurisictional i"erentiation is ano%ative( su&e%io% a&&%oa# with res1ect to Internet gam;ling , then it a(

be in ote% a%.et se#to%s as $e 0 )his conse>uence, along with the egree to

which technological avances have unermine 1revious court ecisions onelectronic commerce issues, suggests that geolocation technologies may &a( a

%oe in enabing )ede%ais on te "nte%net )o% (ea%s to come0



**F%eedo =nine Coaition8e?t4 8e United 9tates )ede%a gove%nent soud subit a %evie$ to Ste

&anT to te F%eedo =nine Coaition to insu%e inte%nationa standa%ds o)

inte%net )%eedo a%e being et;

CP soves 100 o) #ase – #%eates an inte%nationa( odeed )o% o)

inte%net )%eedo3 #e#.s te #i%#uvention disade et a; 1 S.anielle, Kevin Ban*ston, Ro;yn %reene, Ro;er orgus $uly, 345M0Kehl is a Senior 1olicy analyst at :ew !merica@s <1en )echnology Institute0Surveillance Costs+ )he :S!s Im1act on the Economy, Internet Freeom QCy;ersecurity0 Pf0 D25/'22*mc

8e United 9tates ust a#t iediate( to %esto%e te #%edibiit( o) te

"nte%net F%eedo agenda, lest it ;ecome another casualty of the :S!s surveillance 1rograms0 !s

escri;e in Part IW, various agencies within te U;9; gove%nent ave ta.en initiaste&s to emonstrate goowill in this area, 1articularly through the :)I!sannouncement that it intens to transition stewarshi1 of the I!:! functions to a

glo;al multista*eholer organi=ation an the State .e1artments s1eech outliningsi- 1rinci1les to guie signals intelligence collection groune in internationalhuman rights norms0 &owever, it will ta*e a ;roaer e"ort from across the govAernment to emonstrate that the nite States is fully committe to InternetFreeom, incluA ing ?rmly esta;lishing the nature of its su11ort for the evolvingmultista*eholer system of Internet governance an irectly engaging with issuesraise ;y the :S! surveillance 1rograms in international conversations09u&&o%ting inte%nationa no%s tat in> #%ease #on-den#e in te se#u%it(o) onine #ouni#ations and %es&e#t )o% te %igts o) "nte%net use%s a

a%ound te $o%d is integ%a to %esto%ing U;9; #%edibiit( in tis a%ea0 T9e have

surveillance 1rogrammes that a;use human rights an lac* in trans1arency an acA counta;ility 1recisely ;ecausewe o not have suHciently ro;ust, o1en, an inclusive e;ates aroun surveillance an national security 1olA icy,

writes atthew Shears of the Center for .emocracy Q )echnology0// It is time to ;egin having thoseconversations on ;oth a national an an international level, 1articularly at *eyu1coming Internet governance convenings incluing the 345M Internet %overnanceForum, the International )elecommunications nions 1leni1otentiary meeting, an the u1coming 9SIS54

review 1rocess0/M4 Certainly, the nite States will not ;e a;le to continue 1romoting theInternet Freeom agena at these meetings without aressing its national securitya11aA ratus an the im1act of :S! surveillance on iniviuals aroun the worl0Rather than ;eing a 1ro;lem, this &%esents an o&&o%tunit( )o% te U;9; toassue a eade%si& %oe in te &%oo> tion o) bette% inte%nationa

standa%ds a%ound su%veian#e &%a#ti#es; oreover, the 0S0 shoul ta*e ste1s tofurther internationali=e its Internet Freeom e"orts writ large an wor* with foreign

governments to ;roaly 1romote emocracy an human rights online0 In 3455,Richar Fontaine an 9ill Rogers of the Center for a :ew !merican Security wrotethat +te United 9tates soud #ounte% te vie$ tat "nte%net F%eedo is

e%e( an Ae%i#an &%oe#t #oo.ed u& in asington3 %ate% tan a notion%ooted in unive%sa uan %igts000 )he res1onse to [concerns a;out the InternetFreeom agenas ties to 0S0 foreign 1olicy shoul ;e' to internationali=e thee"ort0/M5 )oay, more than ever, it is #%iti#a tat te United 9tates eed tisadvi#e and ta.e ste&s to b%oaden te base o) su&&o%t )o% te "nte%net



F%eedo agenda; Futu%e eetings and a#tivities o) te F%eedo =nineCoaition3 which the State .e1artment 1laye a *ey role in convening3 $i se%ve as one test o)

tese eo%ts as te g%ou& atte&ts to t%ansition )%o a dis#ussion )o%u

)o% i.e>inded gove%nents into a o%e a#> tion>o%iented #oaition;/M3 )he

nite States has the o11ortunity to urge other mem;er countries to live u1 to the commitments they mae at the345M meeting in )allinn with res1ect to accountA a;ility, trans1arency, an other 1olicies grounA e in human

rights0 !s )oomas &enri* Ilves, the Presient of Estonia, articulate in his remar*s at the 345M meeting, T9e must;e honest with ourselves an amit that recent evelo1ments regaring 1ur1orte surveillance ;y the :S! ansimilar organisations in i"erent countries ma*e the efense of an o1en Internet more iHcult0 )hat, too, is achallenge that Freeom <nline Coalition must face0/M/ <utsie of the Freeom <nline Coalition, ;ut consistentwith its goals, the 0S0 can urge ;oth com1anies an foreign governments to Goin organi=ations li*e the %lo;al:etwor* Initiative or commit to other voluntary 1rocesses that 1romote the centrality of human rights in the1olicyma*ing 1rocess0/MM

8e( sa( (es

66P 15 [.igital .efeners Partnershi1, a su;set of Freeom <nline Coalition0 W1 2

3 0ri4acy and 5ransparency &nline htt1s+22www0freeomonlinecoalition0com2howAweAwor*2wor*ingAgrou1s2wor*ingAgrou1A/2 D25M'22*mc

F<C wor*ing grou1 (9%7 TPrivacy an )rans1arency <nline focuses on the relationshi1 ;etween

governments an information Q communications technology (IC)7 #o&anies3 $ita &a%ti#ua% e&asis on %es&e#ting uan %igts onine3 in#uding

)%eedo o) e?&%ession and &%iva#(0 In furtherance of that o;Gective, this grou1 intens toe-1lore the 1rivacy an trans1arency 1ractices of governments an com1anies,incluing through re>uests for user ata, content restriction, an networ* shutown 0

)his grou1 will remain minful of the a11lica;ility of *ey 1rinci1les from the )allinn !greement, such as the rule oflaw, collection for a legitimate 1ur1ose, nonAar;itrariness, an e"ective oversight, which shoul guie the

interaction ;etween IC) com1anies an governments;` 8e dis#ussion on t%ans&a%en#( in te

"C8 se#to% as a%ge( )o#used on ao% "nte%net #o&anies in te United

9tates3 Canada3 and Eu%o&e; it te &%oi)e%ation o) ne$ a$s and%eguations in tis a%ea3 and te g%o$ing %ange o) #o&anies anding

use% data and #ontent3 tis #onve%sation soud ave a goba )%ae$o%.3a&&(ing to gove%nents )%o a %egions and #o&anies )%o a &a%ts o)te "C8 se#to%;` By ;ringing together governments, com1anies, civil societye-1erts, an acaemics, this 9% aims to contri;ute to the glo;al iscussion ontrans1arency an accounta;ility with res1ect to IC) relationshi1s ;y see*ing to1rovie clarity to the following areas+` %eneral unerstanings of the laws, 1olicies,an 1rocesses through which governments ma*e re>uests to IC) com1anies thatmay im1act 1rivacy0` &ow IC) com1anies in such countries receive an 1rocess government re>uests0` )he

im1lications of these 1ractices for the 1rivacy an freeom of e-1ression of users, as well as ;roaer consierations

relate to law enforcement an national security0` <11ortunities for an challenges to greatertrans1arency, incluing legitimate law enforcement, national security, an otherconsierations0` )he 9% will focus, at least initially, on the 1ractices of IC) com1anies an governments in

areas that coul im1licate 1rivacy an free e-1ression as escri;e a;ove, an may also inclue ;roaer multiAsta*eholer iscussions on how IC) com1anies can res1ect human rights, an how governments can hel1 or hinercom1any e"orts to o so0







at4 &e%&e% doesnDt sove F=C #%edibiit( – #auses inte%nationa ba#.as

"FEW 1 [MA330 In letter to Freeom <nline Coalition, :%<s s1ea* out onsurveillance of rights organisations0htt1s+22www0ife-0org2international2345M24L2452surveillance6rights6organisations2 D25M'22*mc

In res1onse to Ewar Snowen@s testimony ;efore the Council of Euro1e that the :S! an %C& monitore the

con?ential communications of human rights an civil society organisations, PE: International as 1art ofa coalition human rights organisations sent a letter to mem;ers of the Freeom<nline Coalition (F<C7 on !1ril 33, 345M ;efore its u1coming annual meeting in )allinn, Estonia on !1ril 3A30

)he F<C is a leaing intergovernmental coalition, currently with 33 mem;ers,esta;lishe in 3455 with the e-1ress 1ur1ose of avancing Internet freeom (in

1articular, free e-1ression, assem;ly, association an 1rivacy online70 Both the S an K aremem;ers of the coalition0 ̀)he !1ril 33, 345M letter follows0 ` .ear inister, ` <n !1ril ,

345M, former S :ational Security !gency (:S!7 contractor Ewar Snowen testi?e ;efore the Parliamentary!ssem;ly of the Council of Euro1e (P!CE7 via vieoAconference that the :S! an the nite Kingom %overnment

Communications &ea>uarters (%C&7 have use their surveillance ca1a;ilities to s1y on the communications ofhuman rights organi=ations an civil society grou1s, ;oth omestically an internationally0 Snowen i notreveal which grou1s the :S! or %C& have s1ie u1on, ;ut inicate that the ty1esof organi=ations whose communications ha ;een com1romise inclue maGorglo;al organi=ations similar to !mnesty International an &uman Rights 9atch, another :%<s0 ` Snowen e-1licitly tol P!CE mem;ers that the :S! ha 8s1eci?callytargete the communications of either leaers or sta" mem;ers in a num;er of1urely civil or human rights organi=ations U incluing omestically, within the;orers of the nite States08 ` If Snowen@s assertion is accurate, such facts woulnot only 1oint to fresh imensions of the overreach of :S! surveillance, ;ut alsowoul constitute an outrageous ;reach of the S government@s state commitment

to human rights an freeom online0 It also raises the very real 1ossi;ility that these organi=ations@communications with con?ential sources have ;een interce1te0 Sharing this information with other governments

coul 1ut victims an human rights efeners the worl over in imminent anger0 ` )he S fre>uentlycritici=es re1ressive states for unGusti?e government s1ying on human rightsorgani=ations, meia organi=ations, an civil society ;ecause such surveillance hasa chilling e"ect on freeom of e-1ression an association an constitutes a clearform of harassment an intimiation0 ` Furthermore, as you are well aware, the S anthe K have ta*en leaershi1 roles in the Freeom <nline Coalition (F<C7, theleaing intergovernmental coalition, esta;lishe in )he &ague on .ecem;er , 3455, for the 1ur1ose

of 8avancing Internet freeom A free e-1ression, association, assem;ly, an 1rivacy online A worlwie08 F=C

ebe%s ave oined in a sa%ed #oitent to $o%. togete% to voi#e#on#e%n ove% easu%es tat %est%i#t "nte%net )%eedo and to su&&o%t

individuas $ose uan %igts onine a%e #u%taied; ` F=C ebe%s aso

ave unde%ta.en obigations to ado&t and en#ou%age &oi#ies and&%a#ti#es3 doesti#a( and inte%nationa(3 $i# ensu%e te &%ote#tion o)

uan %igts and )undaenta )%eedos onine3 in &a%ti#ua% )%eedo o)

e?&%ession3 te %igt to &%iva#(3 )%eedo o) asseb( and a##ess to

in)o%ation; ` If the allegations a;out S an K surveillance of human rights ancivil society organi=ations are true, such 1ractices woul contraict the e-1resscommitments mae ;y the S an the K to the F<C0 ` 9e, the unersigne civil society an





human rights organi=ations, see* clari?cation as to the allegations that the :S! an %C& monitore or aremonitoring the communications of our organi=ations, or of other civil society organi=ations, meia organi=ations,an human rights grou1s0 9here the facts su11ort these claims, we as* the S an K governments to e-1lain thereasons why this is occurring or has occurre in the 1ast, an the e-tent of such monitoring, its continuance, an its

Gusti?cation0 ` 9e call u1on mem;ers of the F<C to live u1 to their state commitmentto su11ort civil society mem;ers or Gournalists whose human rights online may have;een violate0 9e see* F<C mem;er assistance in ascertaining the unerlyingfactual ;asis for the Snowen allegations with res1ect to :S! an2or %C& s1yingon civil society an human rights grou1s, an in ensuring a halt to any violations ofour 1rivacy, freeom of e-1ression an other human rights online0 ` Sincerely, ` !ccess `

!vocacy for Princi1le !ction in %overnment ` !%EI! .E:SI ` !lternative Informatics !ssociation ` !mnestyInternational ` !R)ICJE 5 ` !sociaci\n e Internautas ` !ssociation for Progressive Communications (!PC7 ` Benetech ` Big Brother 9atch ` Bits of Freeom ` Brea;oar Society ` Bytes for !ll, Pa*istan ` Center forConstitutional Rights ` Center for .emocracy Q )echnology ` Center for Freeom of E-1ression an Freeom ofInformation (CEJE7, Palermo niversity School of Jaw ` Centre for Internet an Society, Bangalore, Inia ` Charity QSecurity :etwor* ` Committee to Protect $ournalists ` )he Constitution ProGect ` ContingenteX ` Council on!mericanAIslamic Relations (C!IR7 ` .igital Rights Founation ` .igital Rights Irelan ` Electronic Frontier Founation` Electronic Privacy Information Center (EPIC7 ` Founation for Information Policy Research ` Free Press ` Freeom&ouse ` Freeom of the Press Founation ` %lo;al Woices !vocacy ` &i1ererecho ` &uman Rights in China ` &umanRights 9atch ` Institute for Re1orters@ Freeom an Safety ` International Feeration for &uman Rights (FI.&7 ` Jauarature u :et ` ovimento E%! ` :ew !merica Founation@s <1en )echnology Institute ` <nline Policy %rou1 `

<1en :et Korea ` <1eneia0org ` <1en)he%overnment0org ` Pano1ty*on Founation ` PE: !merican Center ` PE:International ` Privacy International ` ProGect <n %overnment <versight (P<%<7 ` Re1orters sans frontires ` SamuelsonA%lush*o Canaian Internet Policy Q Pu;lic Interest Clinic (CIPPIC7 ` Son )us .atos ` )hai :eti=en :etwor*` 9orl Press Freeom Committee ` 9orl Privacy Forum



a ans$e%sF=C #%edibiit( o$

6onaoe 1 [Eileen, LA30 .irector of %lo;al !"airs at &uman Rights 9atch0Dispatc#es Can t#e .reedo* &nline Coalition Li4e up to its %a*e; htt1+22www0hrw0org2news2345M24L2432is1atchesAcanAfreeomAonlineAcoalitionAliveAitsAname D25M'22*mc

In an era of ram1ant surveillance ;y governments, is the Freeom <nline Coalition (F<C7 u1 to the tas*

of ensuring our 1rivacyZ` )he annual conference of this government coalition that too* 1lace this

wee* in )allinn, Estonia i not answer lingering >uestions a;out the coalitions relevancean crei;ility0` )he F<C, which currently inclues 3/ mem;er governments, formein 3455 to avance freeom of e-1ression, freeom of association, an online1rivacy0 .es1ite great rhetoric ;y a num;er of mem;er governments, the Coalitions1otential has ;een ee1ly unermine ;y revelations of mass surveillance fromsome of its most active founing mem;ers0 ` ! ominant theme that ran throughoutthe conference was erosion of crei;ility an ou;t a;out mem;er government

followAthrough on commitments to 1rotect freeom online themselves, much less toserve as role moels for other governments0 .utch Foreign inister Frans )immermans

ac*nowlege the crei;ility ga1 facing the coalition an invite constructive criticism an e;ate a;out the 1ro1er

limits of surveillance0` Vet while the ?nal )allinn eclaration 1rouce ;y F<C governmentsasserte that mem;ers woul T[c'ollectively conemn b through i1lomaticchannels, 1u;lic statements an other means b violations an a;uses of humanrights an funamental freeoms online as they occur in i"erent countriesthroughout the worl, the eclaration says little a;out reining in iniscriminatesurveillance, nor oes it ac*nowlege that mass surveillance chills freeom ofe-1ression an violates the right to 1rivacy0 ` )he meeting came Gust wee*s afterallegations emerge that S an K intelligence agencies have monitore thecommunications of human rights an civil society organi=ations li*e !mnestyInternational an &uman Rights 9atch0 Si-ty civil society organi=ations have writtento the coalition governments to aress these allegations, an are still awaiting ares1onse0` It is iHcult to imagine that F<C mem;ers will ;e a;le to lea othergovernments on the 1ath to freeom an security in the igital realm if they are notwilling to hol themselves accounta;le to the 1rinci1les they lay out for themselves0

http://www.hrw.org/news/2014/05/02/dispatches-can-freedom-online-coalition-live-its-name






Miniu age CP



**1n#8e?t4 8e United 9tates )ede%a gove%nent soud estabis a

Fede%a Miniu age Adviso%( Boa%d;

8e Counte%&an boosts te e#ono( and &%ovides a$a.e%s

$it &oiti#a #ove%

Reeves 2015 (Richar W [is a senior fellow in Economic Stuies # Broo*ings'

Can we ta*e the 1olitics out of the feeral minimum wageZ !1r 5Lwww0;roo*ings0eu2;logs2?-gov21osts2345L24M25LA1oliticsAofAminimumAwageAreeves *f7

)wo o1tions for ta*ing the 1olitical heat out of the 0S0 minimum wage Can the 0S0 follow suitZ !n if it

can, what might the new system loo* li*eZ )wo o1tions at least are worth consiering0 50 ! Feeral inimum9age !visory Boar0 )his coul ;e mae u1 (li*e the 0K0 version7 of nine mem;ers+three re1resentatives of em1loyer organi=ations, three from la;or organi=ations,an three ine1enent la;or economists0 )he Boar woul recommen a rate forthe national minimum wage each year, which woul then ;e enacte ;y Congress inthe usual manner0 )he Boar woul have a strong incentive to set a rate li*ely to ;e ao1te ;y Congress, in

orer to esta;lish an maintain its re1utation+ there is, after all, little 1oint in sitting on a Boar that is ignore0 )heBoars recommenation woul not ;e ;ining an woul not ;ecome the legal default level0 But ;ecause theavice is li*ely to ;e sensi;le, Congress woul li*ely ;e incline to follow it0 30 9age Ine-ation0 !n alternativeYfavore ;y my Broo*ings colleague %ary BurtlessYwoul ;e to simultaneously raise the minimum wage anintrouce automatic ine-ing, lifting the minimum wage at the same rate as either consumer 1rices or the meianwageY1refera;ly the latter0 In e"ect, this woul o for the minimum wage what Presient :i-on i for SocialSecurity0 Congress woul have the 1ower to sus1en a riseY1erha1s if unem1loyment reache a certain thresholY;ut the efault 1osition woul ;e to lin* changes in the minimum wage to changes in the meian wage or in the

;roaer consumer economy0 Policy commitment evices in action )hese are ;oth e-am1les of what Ihave calle 1olicy commitment evicesYin a new 1a1er, lysses %oes to 9ashingtonYthat hel1

to overcome 1olitical myo1ia in orer to su11ort longerAterm 1olicy o;Gectives 0 In the?rst case, ta*ing avice from an ine1enent commission, the commitment is somewhat less ;ining, although as $ames aison *new, dthe counsels an chec*s of friens can carry 1lenty of weight0 Ine-ation woul ;e a tighterform of ;ining, since inaction on the 1art of 1oliticians woul lea to an u1rating of minimum wage, rather than

the current stasis0 For ;oth sies, there are 1olitical attractions to su;Acontracting someecisionAma*ing 1ower over the minimum wage0 By acce1ting the avice of anine1enent ;oy or allowing ine-ation to o its silent wor*, Re1u;licans can *ee1 their;usiness onors an rightAwing critics at ;ay .emocrats can o the same forunions an the 1olitical left0 Sometimes the most 1owerful thing 1oliticians can o is give some 1ower

away0 )he minimum wage is now 1erha1s a case in 1oint0



>>?t 9oves E#onRaising te iniu $age stabii:es obs )o% o$ s.i $o%.e%s>

tatDs te inte%na in. to te e#ono(

Patton 1 (i*e Patton0 Certi?e Financial Planner, !ccreite Estate Planne,

Boar Certi?e in Estate Planning Certi?e )a- S1ecialist (C)S7 an Chartereutual Fun Counselor (CFC70 T)he Facts on Increasing the inimum 9age0:ovem;er 3N, 345M0 htt1+22www0for;es0com2sites2mi*e1atton2345M25523N2theAfactsAonAtheAminimumAwageAincrease2722Eer=

Is the minimum wage a goo thingZ It e1ens on who you as*0 For e-am1le, fame economist ilton Frieman waso11ose to a minimum wage stating that, TU1eo1le whose s*ills are not suHcient to Gustify that *in of a wage will;e unem1loye0 &e further conveye that it was no coincience that the unem1loyment rate for teens at the timewas twice that of aults0 <f course this was ta*en from an interview conucte several ecaes ago0 ore recently,

Nobe P%i:e $inning e#onoist Pau %ugan debun.ed tis a%guent b(

suggesting tat %aising te iniu $age to ^15 &e% ou% $oud not#ause big #o&anies i.e M#6onadDs to #ut obs be#ause tese obs

#annot be oved ove%seas o% %e&a#ed b( a#ines; &es 1ro;a;ly correct a;out a

large com1any li*e c.onals0 &owever, many smaller com1anies might isagree0 !s Ive state, the merits ofraising it e1ens on who you as*0 Personally, I have no og in the hunt0 !lthough I o have an o1inion after

e-amining the facts, I have no ;ias on the matter0 !nother 1ro1onent is the 0S0 .e1artment of Ja;orwhich suggests that raising the minimum wage woul hel1 the economy in anum;er of ways0 For e-am1le, it woul increase consumer 1urchasing 1ower anreuce em1loyee turnover0 Ill aress that in a moment0 9oul raising the minimum wage to 5L 1er

hour hel1 our economyZ Follow along as I 1rovie some facts (ata is from 3453A5/70 )he total 0S0 la;or force wasroughly 5L0D million0 !;out MDO, or DL0/ million wor*ers, were 1ai an hourly wage0 <f all hourly wor*ers a;outM0DO, or /0LM million, earne a wage e>ual to or ;elow the minimum wage0 For our iscussion, lets assume theentire grou1 earne the minimum wage0 If you multi1ly the num;er of wor*ers who earne the minimum wage ;y

the current minimum wage, you get the total wages earne ;y this grou1 (/0LM million X D03L ] 3N05 million70 I f every one of these wor*ers receive an increase to 5L 1er hour, the total wage

earne ;y this grou1 woul ;e LM04 million0 )his re1resents an increase of 3D0 million0 If 544O of this incomewas s1ent on 1roucts an services, it woul only e>uate to 503LO of total 0S0 %.P 0 &eres my

1oint0 )his increase, even if com1letely s1ent (which is ou;tful7, woul not ;e very signi?cant0 )herefore, in myview, the economic ;ene?t Targument is a re herring0 9hat shoul a wor*er ;e 1aiZ

Raising te iniu $age i&%oves te e#ono( and #%eates

o%e obs> e&i%i#s )%o ote% states &%ove

Rei# 15 (Ro;ert Reich0 Former 0S0 Secretary of Ja;or, !merican 1olitical

economist, 1rofessor, author, an 1olitical commentator0 T9hy 9e Shoul Raise theinimum 9age0 !1ril 3D, 345L0 htt1+22www0cn;c0com2345L24M23D2whyAweAshoulAraiseAtheAminimumAwageAcommentary0html722Eer=

!cross !merica, the ran*s of the wor*ing 1oor are growing0 9hile lowA1aying inustries such as retail an foo1re1aration accounte for 33 1ercent of the Go;s lost in the %reat Recession, they@ve generate MM 1ercent of the

Go;s ae since then, accoring to a re1ort from the :ational Em1loyment Jaw ProGect0 Jast Fe;ruary, theCongressional Buget <Hce estimate that raising the national minimum wage to54054 an hour from D03L woul lift 44,444 1eo1le out of 1overty0 Seattle estimates

that, ;efore its historic ecision, almost a fourth of its wor*ers earne ;elow 5L an hour0 )hat translates into a;out

/5,444 a year for a fullAtime wor*er0 In a highAcost city li*e Seattle, that@s ;arely enough to su11ort a family0 ostminimumAwage wor*ers aren@t teenagers these ays0 )hey@re maGor ;reawinners who nee a higherminimum wage in orer to *ee1 their families out of 1overty 0 )he gains from a higher



minimum wage e-ten ;eyon those who receive it0 ore money in the 1oc*ets of lowAwagewor*ers means more sales, es1ecially in the locales they live in Y which, in turn,creates faster growth an more Go;s0 ! maGor reason the current economic recovery is anemic is that

so many !mericans lac* the 1urchasing 1ower to get the economy moving again0 9ith a higher minimumwage, moreover, we@ all en u1 1aying less for eicai, foo stam1s an other

assistance the wor*ing 1oor now nee in orer to have a minimally ecent stanarof living0 Some worry a;out Go; losses accom1anying a higher minimum wage0 I wouln@t avise any 1lace to

raise its minimum wage immeiately to 5L an hour from the current feeral minimum of D03L0 )hat woul ;e too;ig a lea1 all at once0 Em1loyers Y es1ecially small ones Y nee time to aa1t0 But this isn@t what Seattle is oing0It@s raising its minimum to 5L incrementally over several years from 0/3 (9ashington State@s current statewieminimum70 Jarge em1loyers (with over L44 wor*ers7 that on@t o"er em1loyerAs1onsore health insurance havethree years to com1ly those that o"er health insurance have four smaller em1loyers, u1 to seven0 ()hat may ;etoo long a 1haseAin07 y guess is Seattle@s ;usinesses will aa1t without any net loss of em1loyment0 Seattle@s

em1loyers will also have more em1loyees to choose from b as the 5L an hour minimum attracts intothe la;or force some 1eo1le who otherwise haven@t ;een intereste0 )hat means they@ll

en u1 with wor*ers who are highly relia;le an li*ely to stay longer, resulting in real savings0 Research ;y ichael Reich (no relation7 an !rinraGit .u;e con?rms these results0 )hey e-amine em1loyment in several

hunre 1airs of aGacent counties lying on o11osite sies of state ;orers, each with i"erent minimum wages,

an foun no statistically signi?cant increase in unem1loyment in the higherAminimum counties, even after four years0 (<ther researchers who foun contrary results faile to

control for counties where unem1loyment was alreay growing ;efore the minimum wage was increase07 )hey also

foun that em1loyee turnover was lower where the minimum was higher0 :ot every city or

state can meet the ;ar Seattle has Gust set0 But many can Y an shoul0



at4 u%ts ob g%o$tE&i%i#a( $%ong

Neuan 201 (Scott States )hat Raise inimum 9age See Faster $o; %rowth,

Re1ort Says $ul 5 www0n1r0org2sections2thetwoA

way2345M24D252//3DM42statesAthatAraiseAminimumAwageAseeAfasterAGo;AgrowthAre1ortAsays *f7

:ew ata release ;y the .e1artment of Ja;or shows that raising the minimumwage in some states oes not a11ear to have ha a negative im1act on Go; growth,

contrary to what critics sai woul ha11en0 In a re1ort on Friay, the 5/ states that raise theirminimum wages on $an0 5 have ae Go;s at a faster 1ace than those that i not0

)he ata run counter to a Congressional Buget <Hce re1ort in Fe;ruary that sai raising the minimum wage to54054 an hour, as the 9hite &ouse su11orts, coul cost as many as L44,444 Go;s0 )he !ssociate Press writes+ 8In

the 5/ states that ;ooste their minimums at the ;eginning of the year, the num;er of Go;s grew anaverage of 40L 1ercent from $anuary through $une 0 )he average for the other /Dstates was 40N5 1ercent0 8:ine of the 5/ states increase their minimum wages automatically in line with

ination+ !ri=ona, Colorao, Floria, issouri, ontana, <hio, <regon, Wermont an 9ashington0 Four more states YConnecticut, :ew $ersey, :ew Vor* an Rhoe Islan Y a11rove legislation manating the increases08



at4 Not enoug &eo&e on iniu $age8e %i&&e ee#t o) te CP i)ts $ages o) <5 iion &eo&e

a%%is and ea%n( 201 (BenGamin & [was the Policy .irector of )he

&amilton ProGect a Fellow in Economic Stuies at Broo*ings' an elissa S [.irector

of the &amilton ProGect a Senior Fellow at the Broo*ings Institution')he TRi11leE"ect of a inimum 9age Increase on !merican 9or*erswww0;roo*ings0eu2;logs2u1Afront21osts2345M245254Ari11leAe"ectAofAincreasingAtheAminimumAwageA*earneyAharris *f7

)he Ri11le E"ects of inimum 9age Policy !lthough relatively few wor*ers re1ort wagese-actly e>ual to (or ;elow7 the minimum wage, a much larger share of wor*ers inthe nite States earns wages near the minimum wage0 )his hols true in the states that

com1ly with the feeral minimum wage, in aition to those states that have institute their own higher minimumwage levels0 !n increase in the minimum wage tens to have a Tri11le e"ect on other wor*ers earning wages nearthat threshol0 )his ri11le e"ect occurs when a raise in the minimum wage increases the wage receive ;y wor*ersearning slightly a;ove the minimum wage0 )his e"ect of the statutory minimum wage on wages 1ai at the low enof the wage istri;ution more generally is well recogni=e in the acaemic literature0 Base on this recognition, we

>uantify the num;er of wor*ers 1otentially a"ecte ;y minimum wage 1olicy using the assum1tion that wor*ersearning u1 to 5L4 1ercent of the minimum wage woul see a wage increase from a higher minimum wage0 9ehasten to note that a com1lete analysis of the net e"ects of a minimum wage increase woul also have to accountfor 1otential negative em1loyment e"ects0 <ur main goal of this em1irical e-ercise is to is1el the notion that theminimum wage is not a relevant 1olicy lever, which is ;ase on the faulty 1remise that only a small num;er ofwor*ers woul ;e a"ecte0 sing ata from the Bureau of Ja;or Statistics, com;ine with information on the;ining minimum wage in each state, we are a;le to calculate these shares0 $ust 30N 1ercent of wor*ers are 1aie-actly the minimum wage, ;ut 30M 1ercent of wor*ers are 1ai wages that are ;elow or e>ual to 5L4 1ercent ofthe minimum wage in their state0 Furthermore, the hours wor*e ;y this grou1 re1resent nearly oneA>uarterY3M0D1ercentYof hours wor*e, which inicates that a large share of the im1acte grou1 is wor*ing close to full timehours0 In 3453, /3 states com1lie with the feerally set minimum wage of D03L 1er hour0 In these states aheringto the feeral oor, /0D million wor*ers earn the minimum wage or less0 !n aitional 5L03 million are nearminimum wage, earning more than D03L 1er hour ;ut less than 540 1er hour0 )herefore, 50 million wor*ers inthese states woul li*ely ;ene?t from an increase in the feeral minimum wage0 )he Ri11le E"ect ;y State Stateshave the o11ortunity to set a minimum wage a;ove the feeral oor0 Eighteen states, 1lus the .istrict of Colum;ia,ha minimum wages that e-ceee the feeral wage oor in 3453, ranging from D0M4 in ichigan an RhoeIslan to 04M in 9ashington0 In these states, /0 million wor*ers earn their states minimum wage an anaitional 5305 million wor*ers earn ;etween the manate oor ;ut less than 5L4 1ercent of the minimum level0<verall, u1 to 5N04 million wor*ers woul li*ely see a raise in their wages if the minimum wage were increase inthese states0 Inee, every state in the country has a su;stantial share of wor*ers who woul ;e im1acte ;y anincrease in the minimum wage in that state, as seen in ?gure 5 ;elow0 In 3453, ontana ha the highest share ofwor*ersY/D03 1ercentYwith wages e>ual to or less than 5L4 1ercent of the minimum wage0 Even in !las*a, which;oasts higher wages com1are to the rest of the country, 5N0 1ercent of wor*ers ha wages e>ual to or lower than5L4 1ercent of the minimum0 In the highA1o1ulation state of California, M0N million wor*ers woul li*ely see a wageincrease if the minimum wage were raise in that state0 :ot sur1risingly, the eighteen states with a higherminimum wage level than the feeral ;enchmar* tene to have higher shares of wor*ers with wages within 5L41ercent of the minimum wage0 &owever, in every state in the country, at least one in si- wor*ers ha wages thatwere e>ual to 5L4 1ercent of the minimum wage or lower0 Figure 5 )o see the new stateA;yAstate interactive chart,clic* here0 )he .ecem;er $o;s %a1 !s of .ecem;er, our nation faces a Go;s ga1 of D0 million Go;s0 )he chart ;elowshows how the Go;s ga1 has evolve since the start of the %reat Recession in .ecem;er 344D, an how long it willta*e to close uner i"erent assum1tions of Go; growth0 )he soli line shows the net num;er of Go;s lost since the

%reat Recession ;egan0 )he ;ro*en lines trac* how long it will ta*e to close the Go;s ga1 uner alternativeassum1tions a;out the rate of Go; creation going forwar0 Figure 3 If the economy as a;out 34,444 Go;s 1ermonth, which was the average monthly rate for the ;est year of Go; creation in the 3444s, then it will ta*e untilSe1tem;er 345 to close the Go;s ga10 %iven a more o1timistic rate of /35,444 Go;s 1er month, which was theaverage monthly rate of the ;est year of Go; creation in the 54s, the economy will reach 1reArecessionem1loyment levels ;y !ugust 345N0 )o e-1lore the outcomes uner various Go; creation scenarios, you can try outour interactive Go;s ga1 calculator ;y clic*ing here0 Vou can also see the Go;s ga1 in each state ;y clic*ing here0

Conclusion )he minimum wage e;ate currently unerway tens to narrowly focus onthose wor*ers ma*ing e-actly the minimum wage0 )his a11roach misses a largenum;er of lowAwage wor*ers whose wages woul li*ely ;e raise through a ri11le



e"ect resulting from an increase in the minimum wage0 !s our economy continues to recover,a minimum wage increase coul 1rovie a muchAneee ;oost to the earnings oflowAwage wor*ers0 ! signi?cant /L million wor*ers from across the country coulsee their wages rise if the minimum wage were increase, allowing them to earn a;etter livelihoo an lea more economically secure lives 0 9hen iscussing the minimum

wage, this is the magnitue of the im1act that 1olicyma*ers shoul consier



A Ans$e%s

Raising te iniu $age #%eates o%e e#onoi# &%obes

)o% #o&anies>ob oss is o%e i.e(

Patton 1 (i*e Patton0 Certi?e Financial Planner, !ccreite Estate Planne,Boar Certi?e in Estate Planning Certi?e )a- S1ecialist (C)S7 an Chartereutual Fun Counselor (CFC70 T)he Facts on Increasing the inimum 9age0:ovem;er 3N, 345M0 htt1+22www0for;es0com2sites2mi*e1atton2345M25523N2theAfactsAonAtheAminimumAwageAincrease2722Eer=

Raising the minimum wage from D03L to 5L044 coul 1ut 1ressure on other lowerA1aying Go;s which 1ay slightly more than the e-isting minimum0 )his coul causestress in the com1ensation structure of many small ;usinesses0 In fact, any manatefrom the government which increases the cost of oing ;usiness coul result in a num;er of

conse>uences, mostly negative0 First, it coul cause 1rices to rise as ;usinesses attem1t to 1rotect 1ro?t margins0

:e-t, it

coul cause a loss of Go;s if the ;usiness is force to reuce e-1enses, again, to

maintain 1ro?ta;ility0 It coul also lea to an increase in automation, e1ening on the s1eci?c Go;0 Finally, it coulhave little or no e"ect on small ;usinesses, if an ae>uate 1ro?t margin alreay e-ists an the owner is willing toa;sor; the aitional e-1ense0

"n#%easing te )ede%a iniu $ages on( #%eates o%e

#o&etition tat d%ives ob instabiit( )o% o$ s.i $o%.e%s

9eues 1 (!lana Semuels0 $ournalist for the )he !tlantic an Bachelor of !rts

in !merican &istory an Jiterature from &arvar niversity0 T9hen Raising theinimum 9age Isnt Enough0 :ovem;er 3L, 345M0htt1+22www0theatlantic0com2;usiness2archive2345M2552whenAraisingAtheAminimumAwageAisntAenough2//55N2722Eer=

! stuy release this summer ;y researchers at the niversity of Chicago inicates that the 1ro;lems that Kulsic

faces are wies1rea0 Joo*ing at the scheules of aults 3N to /3 in the la;or mar*et, the stuy foun that DLOof wor*ers in hourly Go;s re1orte uctuations in the num;er of hours they wor*e1er wee*, sometimes ;y more than eight hours0 In the fooAservice inustry, 4O of wor*ers sai their hours

uctuate, on average, ;y NO0 <nly oneAthir of hourly wor*ers were allowe any in1ut into their wor* scheule,

accoring to the re1ort0 8 )here@s ;een a real shift in what 1ro1ortion of wor*ers are fullAtime versus 1art time,8 says Susan Jam;ert, a niversity of Chicago 1rofessor an one

of the authors of the stuy0 8Some wor*ers get full or sta;le hours, ;ut everyone else is?ghting for more hours, scram;ling for more hours08 It@s the nature of the 1ostArecession

economy+ Fewer wor*ers are getting as many hours as they nee0 Jast month, there wereD million !mericans wor*ing 1artAtime for economic reasons AA either ;ecause they

coul only ?n 1artAtime wor*, or ;ecause ;usiness was slow AA u1 from M0/ million in<cto;er 344D0 <ften, lowAwage wor*ers nee to ;e em1loye for a few months or years ;efore their ;osses givethem fullAtime wor*0 So wor*ers *now that >uitting a lowA1aying, 1artAtime Go; to ?n another will rarely yiel a;etter situation0 !lthough they have a Go;, many wor*ers are left una;le to 1ay the ;ills, an una;le to ;etter theirsituation0 <n a recent wee*ay, I s1o*e with two such wor*ers outsie a .un*in@ .onuts in a town in a rural, eastern1art of Wermont0 )hey were on a short ;rea*, sitting in a car in the ;itter col, an agree to tal* to me if I in@tuse their real names, since ;oth ;aly nee the wor*0 <ne, let@s call her $essie, is 3N an 1regnant0 She ma*es an hour, 50L4 less than she mae when she wor*e for the chain ;etween 344 an 34550 $essie was wor*ing M4hours a wee* all summer, ;ut as tourist season ene, ;usiness slowe an she now gets only /4 hours a wee*0She foun a secon Go; ;a;ysitting, ;ut it@s mae her em1loyer give her even fewer hours, she sai, since she isn@tavaila;le at all times0 8)hey give you a ;unch of cra1 ;ecause you@re not wor*ing with the scheule an you shoul



;e e-i;le to the nees of the com1any,8 she sai0 She still gets calls at o hours telling her that the scheule haschange, that she is o1ening on Friay rather than closing, for e-am1le0 But she 1uts u1 with it, ;ecause she livesin a rural town, an 8unless I want to ;e a 1rofessional gas station attenant, there@s nothing08 :either $essie norher fellow .un*in@ .onuts em1loyee, who I@ll call Jeslie, ha hear of Wermont@s Right to Re>uest law0 8I e?nitelywoul have mae a ;ig stin* a;out it all summer if I ha *nown,8 $essie sai a;out the law0 Wermont was one of the?rst 1laces in the country to try to get a hanle on inconsistent scheuling0 But more cities an states are loo*inginto 1assing laws as well0 )he San Francisco Boar of Su1ervisors last wee* unanimously 1asse the Retail 9or*ersBill of Rights, which woul re>uire retailers to o"er e-tra hours to current, 1artAtime em1loyees ;efore hiringaitional em1loyees, an woul give wor*ers e-tra 1ay if their scheule is change at the last minute0 !n aichigan state senator introuce a ;ill last month that woul re>uire em1loyers to 1ay wor*ers for e-tra hourswhen they change scheules without notice0 ! feeral 8Scheules that 9or* !ct,8 introuce in Congress thissummer, see*s to solve some of the same 1ro;lems0 8&ere@s the thing+ If we raise wages ;ut on@t sta;ili=e 1eo1le@sscheules, what oes it o for themZ8 says Ji= 9atson, senior counsel at the :ational 9omen@s Jaw Center, whichhas ;een 1ushing for laws that woul re>uire more 1reicta;le scheules0 8)his is something that fol*s are reallyconscious of right now this is something we are going to ;e hearing more an more a;out08 Protections forscheuling changes in 1laces li*e Wermont an San Francisco are sening em1loyers the message, she says, thatthey can@t continue to o1erate with such un1reicta;ility in hours0 But the e-1erience of Wermont inicatesem1loyers might not ;e getting the message0 Even if wage an hour laws change, com1anies still o1erate on thesame 1ro?t margins0 !n store managers are even more 1ressure to *ee1 a li on la;or costs while ealing withthe u1s an owns of consumer eman, sai $ennifer Swan;erg, a 1rofessor of social wor* at the niversity ofarylan0 )hey get ata every wee* a;out sales for the 1revious wee* an how many hours they might nee tosta" for the u1coming wee*, an they nee to ;e cautious a;out committing to too many hours0 8)he su1ervisor isoften the 1erson ;eing s>uee=e ;etween what senior management wants an what they have to o ayAtoAay,8

she says0 I caught u1 with Wermont %ov0 Peter Shumlin at a rally for stri*ing wor*ers from FairPoint, atelecommunications com1any, on the ste1s of the state ca1itol in ont1elier0 .es1ite the state@s recor for 1assingwage increases uring his tenure, he@ nearly lost the governor@s race Gust a few wee*s ;efore0 9hen I as*e hima;out concerns that Wermont@s wor*erAfrienly 1olicies weren@t really hel1ing wor*ers, he reference the nationaleconomy0 8JowAincome !mericans are even worse o" than they were in the e1ths of the recession,8 he sai0 8)hefol*s at the to1 who were oing well uring the recession are oing even ;etter now08 )he increases to theminimum wage hel1e Wermonters, ;ut there@s a lot more that nees to ;e one to lower health care costs an*ee1 wages high enough so that Wermonters can ma*e ens meet, he sai0 Wermont@s singleA1ayer health caresystem, one of Shumlin@s signature 1rograms, will hel1 *ee1 some of these costs own, he sai0 89e@re u1 againstan economic tie that@s unusual, since this recovery is lifting the ;oats of those who alreay ha their ;oats lifte0

)his is our challenge08 But increasing wages can also create a whole new set of 1ro;lems,as Wermonters are reali=ing as they see their 1ay go u1 ;y a few cents or a ollar anhour0 )here@s a 8;ene?ts cli"8 that wor*ers face, as they earn too much money to ;eeligi;le for state ;ene?ts AA ;ut not enough to 1ay all their ;ills0 $essica !twoo, 3D, starte

wor*ing in $une as a house*ee1er at an inn in uechee, in the eastern sie of the state, near the :ew &am1shire;orer0 !t ?rst, she was oing well, at 55 an hour an enough hours in the height of the summer tourist season tosu11ort herself an her NAyearAol son0 But her higher earnings ;um1e her all ;ut o" of Wermont@s state assistance1rograms AA she now ;arely receives any foo stam1s or heating assistance0 :ow that fall foliage season is over anfewer tourists are visiting Wermont, she only gets a few ays of wor* a wee*0



Nu#ea% Po$e% CP



**1n#8e?t '"P4 8e United 9tates )ede%a gove%nent soud

&%ovide in#entives )o% te #onst%u#tion o) nu#ea% &o$e% &ants

and in#%ease )unding )o% %esea%# into &o$e% &ant

i&%oveent and eI#ien#(;8e #ounte%&an is .e( to nu#ea% ene%g(

NE6EC 11 :uclear Engineering .ivision an Energy Committee, $anuary 3455,TEXP!:.I:% :CJE!R P<9ER I: )&E :I)E. S)!)ES,htt1s+22www0asme0org2getmeia2cNMM/MDA3333AM3;AaNaAaLcf43aa2PS554M0as1-, D25M2345L, B.

XI0 C<:CJSI<:S ̀)he Energy Committee of the !SEs Knowlege Q CommunitySector an !SEs ` :uclear Engineering .ivision strongly su11ort increase use ofnuclear 1ower in the ` nite States as a way to ensure a continue iversity of1ower su11lies, ease increasing ` reliance on natural gas to fuel 1ower 1lants, an

ecrease overall emissions0 ` )he sta*es are too high to sim1ly allow the status >uo with the myria ofcorrecta;le ` 1ro;lems to remain unchange0 Ji*ewise, the roa to success is so com1le- that it ` emans a

com1rehensive strategy053` ` :uclear 1ower has ;een 1roven safe, efjicient, an relia;le0 )he Energy Committee of the ` !SEs Knowlege Q Community Sector an !SEs:uclear Engineering .ivision ` recommens that the feeral government, incoo1eration with the 1rivate sector, shoul ` o what is necessary to 1reserve anincrease nuclear energys share of the 1ower mi- in ` the nite States ;y1roviing ta- incentives for construction of new 1lants, 1roviing ` funs forresearch into 1ower 1lant im1rovement an efjiciency, an encouraging the `eucation an training of the ne-t generation of nuclear scientists an engineers 0 k

Nu#ea% ene%g( is .e( to sove biodive%sit(

9#ien#e 6ai( 1 9cience .aily, 5325L2345M, niversity of !elaie, T:uclear

shoul ;e in the energy mi- for ;ioiversity,htt1+22www0scienceaily0com2releases2345M25325M535L4M5LL0htm, D25M2345L, B.

Jeaing conservation scientists from aroun the worl have calle for a su;stantialrole for nuclear 1ower in future energyAgenerating scenarios in orer to mitigateclimate change an 1rotect ;ioiversity0` In an o1en letter to environmentalists withmore than N4 signatories, the scientists as* the environmental community to 8weighu1 the 1ros an cons of i"erent energy sources using o;Gective evience an1ragmatic traeAo"s, rather than sim1ly relying on iealistic 1erce1tions of what is @green@ 08` <rgani=e ;y

ecologists Professor Barry Broo* an Professor Corey Brashaw from the niversity of !elaie@s Environment

Institute, the letter su11orts their recent article @Key role for nuclear energy in glo;al;ioiversity conservation@, 1u;lishe in the Gournal Conservation Biology0` 8Full ecar;oni=ation of the glo;al electricityAgeneration sector is re>uire soon to avoi the worst ravagesof climate change,8 says Professor Brashaw, .irector, Ecological oelling at the Environment Institute an

recently a11ointe Sir &u;ert 9il*ins Chair of Climate Change0` 8Bioiversity is not only threatene;y climate isru1tion arising largely from fossilAfuel erive emissions, it is alsothreatene ;y lan transformation resulting from renewa;le energy sources, suchas ooe areas for hyroAelectricity, agricultural areas neee for ;iofuels an



large s1aces neee for win an solar farms 08` In the article, the researchers evaluate lan use,

emissions, climate an cost im1lications of three i"erent energy scenarios+ @;usiness as usual@ fossilAfuelominate a high renewa;leAenergy mi- e-cluing nuclear an an energy mi- with a large nuclear contri;ution1lus some renewa;le an fossilAfuel sources0` )hey also use 8multiAcriteria ecisionAma*ing analysis8 to ran*seven maGor energy ty1es ;ase on costs an ;ene?ts, testing the sensitivity of their ran*ings to ;ias stemming

from 1hiloso1hical ieals0` 89hen com1are o;Gectively with renewa;les, nuclear 1ower1erforms as $e o% bette% in terms of safety, cost, scalea;ility, lantransformation an emissions,8 says Professor Barry Broo*, Chair of Climate Change at the Environment

Institute for this stuy, an now Professor of Environmental Sustaina;ility at the niversity of )asmania0` 8 :otonly oes ne-tAgeneration nuclear 1ower 1rovie emissionsAfree electricity, it is ahighly concentrate energy source that consumes legacy waste an minimisesim1acts to ;ioiversity com1are to all other energy sources08` )hey argue that there is

strong evience for su11orting avance nuclear 1ower systems with com1lete fuel recycling as 1art of a 1ortfolioof sustaina;le energy technologies that also inclues a11ro1riate use of renewa;les, energy storage an energy

eHciency0` 8Ieali=e mi-es of nuclear an renewa;les are regionally e1enent, anshoul ;e com1are o;Gectively without 1reGuice or 1reconceive notions of whatis @green@,8 says Professor Brashaw0



>>?t 9ubsidies 9oven#("n#%easing subsidies is .e( – even i) nu#ea% ene%g( is

e#onoi#a no$3 ne$ &o$e% &ants a%e not

Co#%an A irector of :R.C@s nuclear 1rogram)homas B0 Cochran, M25L2344M,

:atural Resources .efense Council, T)he Future Role of :uclear Power in the niteStates, htt1+22www0nrc0org2nuclear21nuc1wr0as1, D25M2345L, B.

<n the other han, the last unit to enter commercial o1eration was )W!@s 9atts Bar nit 5 in $une 5N, an thelast successful orer for a 0S0 commercial nuclear 1ower 1lant was in 5D/0 :oenergy generation com1any in the nites States has ;een willing to orer anconstruct a new nuclear 1lant in more than thirty years, an none have ta*enanything more than 1reliminary ste1s towars 1urchasing an constructing a newnuclear 1lant toay in the a;sence of a &%oise o) uge Fede%a subsidies0 )his is

not ;ecause of 1u;lic o11osition not for want of a license geologic re1ository for the is1osal of s1ent fuel an

not ;ecause of the 1roliferation ris*s associate with commercial nuclear 1ower0 Rather, it is ;ecause ne$commercial nuclear 1ower 1lants are une#onoi#a in the nite States0

8e gove%nent as a%ead( instituted in#entives )o% ote%

%ene$abes – nu#ea% &o$e% in#entives a%e .e(

RE" 10 b Renewa;le Energy Insights N2523454, TPro1ose :ew )a- Incentives for

:uclear Energy, htt1+22www0renewa;leinsights0com2345424N21ro1oseAnewAta-AincentivesAforAnuclearAenergy2, D25M2345L, B.

Senators $ohn Kerry an $oe Jie;erman have s1onsore T)he !merican Power !ct(T!P!7, a com1rehensive energy an climate change ;ill0 For a summary of the ;ill, 1lease visit

this alert0 !mong other things, the !P! inclues signi?cant incentives for the nuclear 1owerinustry, incluing several ta- 1rovisions intene to encourage construction of new

nuclear 1ower 1lants0 )he !P! woul also esta;lish an e-1eite 1roceure for issuing construction ano1erating licenses for new nuclear reactors, e-1an the feeral loan guarantee 1rogram for nuclear energy

evelo1ment, an fun s1ent fuel recycling research0` Investments in win, solar an otherrenewa;le energy 1roGects currently ;ene?t from a /4O feeral investment ta-creit an an election to convert the creit into a cash grant from the )reasury.e1artment0 :uclear 1ower 1lants do not bene-t from these incentives an the!P! woul aress this e?ciency for new nuclear 1ower 1lants 0 )he following ta-

1rovisions woul ;e e"ective for 1ro1erty 1lace in service on or after the ate of enactment0



>>?t Resea%# 9oven#(Ne$ %esea%# in nu#ea% &o$e% is .e( to being e#onoi#a(

viabe

Magi 71 b writer for Climate Centra Bo;;y agill, N25N2345L, Climate Central,

T:ew Research ProGects Coul Revitali=e :uclear Power,htt1+22www0climatecentral0org2news2nuclearAresearchAtargetsAemissionsA555/,D25M2345L, B.

:uclear 1ower, a lowAcar;on ;ut e-1ensive source of electricity, isnt li*ely to growmuch in the nite States, even as Presient <;ama 1ushes to slash greenhouse gas emissions from

electric 1ower 1lants0` But the 0S0 .e1artment of Energy is ;etting that N4 million innew research an evelo1ment coul eventually ;reathe some new life into nuclear1ower in the 0S0, hel1ing to reuce greenhouse gas emissions uner the <;ama aministrations Clean

Power Plan0 :uclear 1ower accounts for a;out 34 1ercent of all electricity generate in the 0S0 )he 0S0 EnergyInformation !ministration e-1ects that num;er to fall to 5N 1ercent ;y 34M4 with or without the Clean Power Plan0

If ?nali=e in !ugust, the 1lan will slash emissions from e-isting 1ower 1lants0` )he

N4 million the .e1artment of Energy is eicating to nuclear research will go tomore than M4 i"erent 1roGects at universities across the 0S0 focusing on nuclearenergy moeling, nuclear security an safety an new reactor conce1ts an fuels0`

0S0 Energy Secretary Ernest oni=, s1ea*ing onay at the Energy Information !ministrations

annual energy conference in 9ashington, sai he is ;ullish on nuclear 1ower as a clean energysource0 &owever, the high costs of evelo1ing nuclear energy have to come own,he sai0



>>?t Nu.e Po$e% 9oves Bio6Nu#ea% ene%g( soves te envi%onent – $e ave st%ong

a#adei# su&&o%t

B%o$n 1 b writer for Climate :ews :etwor* Paul Brown, 5323N2345M, Climate

:ews :etwor*, TProfessors tell greens to acce1t nuclear 1ower,htt1+22www0climatenewsnetwor*0net21rofessorsA1leaAgreensAacce1tAnuclearA1ower2,D25M2345L, B.

J<:.<:, 3N .ecem;er, 345M SeventyA?ve 1rofessors from the worls leaing universitieshave signe a letter urging environmentalists to reAthin* their attitue to nuclear1ower as a way to save the 1lanet from climate change an 1reserve its animals,1lants an ?sh0 ` Ironically, it is two !ustralian acaemics who came u1 with the research0 )hey come from a

country whose government has re1uiate the Kyoto Protocol, reverse measures to cut climate change, is one ofthe worls ;iggest coal e-1orters, an has no nuclear 1ower0 !ustralia has Gust recore the hottest s1ring since

recors ;egan 544 years ago0 ̀)he two 1rofessors are Barry 90 Broo*, Chair ofEnvironmental Sustaina;ility at the niversity of )asmania, an Corey $0!0 Brashaw,

Sir &u;ert 9il*ins Chair of Climate Change at the niversity of !elaiesEnvironment Institute0 )heir ;ac*ers inclue many leaing e-1erts on ecology,;ioiversity, evolution an geogra1hy from the S, K, China an Inia0 ` )he letter is

signi?cant ;ecause 1revious 1leas for a role for nuclear 1ower have mostly come from 1hysics 1rofessors, who

coul reasona;ly ;e sai to love the technology for its own sa*e0` But this grou1 has no sta*e innuclear 1ower, an their argument is ;ase 1urely on the nee to save the 1lanetan its s1ecies from overheating an e-cess use of valua;le lan for renewa;les0

Professors Broo* an Brashaw have ha a 1a1er 1u;lishe in the maga=ine Conservation Biology, in which theyevaluate all 1ossi;le forms of energy generation0 9in an nuclear 1ower ha the highest T;ene?tAtoAcost ratio0`TUwe entreat the conservation an environmental community to weigh u1 the 1ros an cons of i"erent energy

sourcesU ̀)he letter urges environmentalists to rea the 1a1er, an says the two1rofessors T1rovie strong evience for the nee to acce1t a su;stantial role for

avance nuclear 1ower systems with com1lete fuel recycling as 1art of a rangeof sustaina;le energy technologies that also inclues a11ro1riate use ofrenewa;les, energy storage an energy eHciency0` T )his multiA1ronge strategy forsustaina;le energy coul also ;e more costAe"ective an s1are more lan for;ioiversity, as well as reuce nonAcar;on 1ollution (aerosols, heavy metals70 ` T%iven

the historical antagonism towars nuclear energy amongst the environmental community, we acce1t that thisstans as a controversial 1osition0` T&owever, much as leaing climate scientists have recently avocate theevelo1ment of safe, ne-tAgeneration nuclear energy systems to com;at glo;al climate change, we entreat theconservation an environmental community to weigh u1 the 1ros an cons of i"erent energy sources, usingo;Gective evience an 1ragmatic traeAo"s, rather than sim1ly relying on iealistic 1erce1tions of what is dgreen0`T!lthough renewa;le energy sources li*e win an solar will li*ely ma*e increasing contri;utions to future energy1rouction, these technology o1tions face realAworl 1ro;lems of scala;ility, cost, material an lan use, meaningthat it is too ris*y to rely on them as the only alternatives to fossil fuels0

Even i) $e donDt a##ess te aDs inte%na in.s3 nu#ea% ene%g(is a ne#essa%( &%e%eGuisite to soving biodive%sit( – eans i)

te #ounte%&an doesnDt sove3 itDs a te%ina soven#( de-#it

)o% te a

Conno% 17 A writer for )he Ine1enentSteve Connor, 52M2345L, )he

Ine1enent, T:uclear 1ower is the greenest o1tion, say to1 scientists,



htt1+22www0ine1enent0co0u*2news2science2nuclearA1owerAisAtheAgreenestAo1tionAsayAto1AscientistsALLD0html, D25M2345L, B.

:uclear 1ower is one of the least amaging sources of energy for the environment,an the green movement ust a##e&t its e-1ansion if the worl is to avoiangerous climate change, some of the worl@s leaing conservation ;iologists have

warne0` Rising eman for energy will 1lace ever greater ;urens on the naturalworl, threatening its rich ;ioiversity, unless societies acce1t nuclear 1ower as a *ey 1art of the

8energy mi-8, they sai0 !n so the environmental movement an 1ressure grou1s such asFriens of the Earth an %reen1eace shoul ro1 their o11osition to the ;uiling ofnuclear 1ower stations0` In an o1en letter 1u;lishe on the Brave :ew Climate ;log, more than NL

;iologists, incluing a former K government chief scientist, su11ort the call to ;uil more nuclear 1ower 1lants as

a central 1art of a glo;al strategy to 1rotect willife an the environment0` )he full gamut of electricityAgeneration sources, incluing nuclear 1ower, must ;e use to re1lace the ;urning of fossil fuels such as oil, coal an gas if the worl is to have any chance of mitigatingsevere climate change, their letter says0 )he letter is signe ;y several leaing British acaemics incluing

Jor ay of <-for, a theoretical ;iologist at <-for niversity an former chief scienti?c aviser Professor !nrewBalmfor, a conservation ;iologist at Cam;rige an Professor )im Blac*;urn, an e-1ert in ;ioiversity at

niversity College Jonon0` !s well as reucing the sources of car;on io-ie, the chief manAmae greenhouse gas

im1licate in climate change, the e-1ansion of nuclear 1ower will leave more lan tosu11ort ;ioiversity an so cur; the e-tinction of s1ecies , they say0



>>?t Po&ua% =P8e =P oves nu#ea% ene%g(

Caa 1 b energy an environment re1orter for )he &ill )imothy Cama,

532N2345M, )he &ill, T%<P gains 1ut nuclear 1ower ;ac* on the ta;le,

htt1+22thehill0com21olicy2energyAenvironment233N34Ago1AgainsA1utAnuclearA1owerA;ac*AonAtheAta;le, D25M2345L, B.

Re1u;licans an the nuclear 1ower sector are ho1eful that %<P control of theSenate will im1rove the 1olitical lansca1e for an inustry that hasnt o1ene a newgenerator in nearly two ecaes0` !s Senate .emocrats this wee* hel their tenth hearing on nuclear

safety since $a1ans Fu*ushima .aichii meltown three years ago, Re1u;licans an o;servers loo*eforwar to a future with a more ;usinessAfrienly a11roach to the inustry0` Sen0 $imInhofe (RA<*la07, long a cham1ion of nuclear 1ower an a critic of environmentalrules, is set to ;ecome chairman of the Environment an Pu;lic 9or*s Committee,which oversees nuclear safety0 )he committee is also li*ely to retain nuclear fans li*e Sens0 $e" Sessions

(RA!la07, $ohn Barrasso (RA9yo07 an .e; Fischer (RA:e;070` TItll ;e clearly a more favora;le

committee, an there may ;e some things that we can o to hel1 the inustry ,8

Sessions sai0` !n Inhofe aie sai the <;ama aministration an the :uclear Regulatory Commission (:RC7 have;een far too aversarial to nuclear energy, hurting the inustry an ma*ing it iHcult to Gustify investments in new

1lants0` T9hen you thin* a;out feeral regulations on the nuclear inustry, theyvecertainly ha a chilling e"ect lately, the sta"er sai0 T)he :RC has ;een very aggressive in their

regulatory agena, 1ro1osing a num;er of regulations that arent Gusti?e from a costA;ene?t stan1oint an areu1licative of other regulations that are alreay in 1lace0` )he aie rew a contrast ;etween Inhofe, who wants toset a high ;ar for new regulations to 1rove they are ;ene?cial an Sen0 Bar;ara Bo-er (.ACalif07, the currentchairwoman of the environment 1anel0 Sens0 E ar*ey (.Aass07 an Bernie Saners (IAWt07 have also mae names

for themselves as iligent avocates for nuclear safety0` Bo-er has 1ushe for years for :RC toim1rove its rules on storing s1ent nuclear fuel, emergency res1onse 1roceures for1lants an seismic re>uirements, among other 1rotections0 Re1u;licans an the inustry have

characteri=e her res1onse to the Fu*ushima earth>ua*e, tsunami an meltown as an overreaction0` Sen0 Jamar

!le-aner (RA)enn07 will also ;e in a 1owerful 1osition chairing the a11ro1riations 1anel res1onsi;le for the Energy.e1artment0 &es *nown to avocate for nuclear research, which *ee1s his states <a* Rige :ational Ja;oratory

;usy0` TI loo* forwar to e-1loring ways our new Re1u;lican maGority can #ea% te

$a( for nuclear energy to 1ower our 35stAcentury economy, he sai in a statement0` )o the

inustry, a Re1u;lican Senate maGority increases the os that Congress will 1ass a com1rehensive energy ;ill forthe ?rst time in seven years0 )hat coul eliver a lot of the nuclear 1ower inustrys 1riorities, sai a lo;;yist for anenergy com1any0` Plant owners are also loo*ing for Congress to rein in the :RCs rules0` T9e woul e-1ect somemore aggressive oversight of the :RC certainly, the lo;;yist sai0 TVouve seen that in the &ouse alreay, an Iwoul imagine that Sen0 Inhofe woul follow that line of reasoning0` )he lo;;yist 1reicte that senators,es1ecially .emocrats, woulnt sto1 1ressing :RC an the inustry to im1rove rules after Fu*ushima0` TBut therewill ;e a recognition that while there are a lot of things to o in res1onse to that, you nee to 1rioriti=e them, 1ut

them in orer an wor* through it in a eli;erative manner, he sai0` :uclear waste rules coul getnew life in the Senate as well0 Re1u;licans an ;usinesses want the Energy

.e1artment to ?nally ;uil a 1ermanent nuclear waste storage facility at Vuccaountain in :evaa0

Ma%# 9enate bi &%oves

AP <7 b !ssociate Press !ssociate Press, /2N2345L, Komo :ews, TSenate <K

;ills to 1romote nuclear energy in 9ashington,htt1+22www0*omonews0com2news2local2SenateA<KA;illsAtoA1romoteAnuclearAenergyAinA9ashingtonA3LM5/MD50html, D25M2345L, B.



<JVPI!, 9ash0 (!P7 A )he Senate has a11rove a measure to advan#e nu#ea% &o$e%as 1art of 9ashington@s future energy mi-0` Senate Bill L55/, which 1asse on a 3DA35 vote Friay, re>uires the Commerce .e1artment to coorinate an avance thesitting an manufacturing of smallAscale reactors 0 Small nuclear reactors are a;out oneAthir the

si=e of traitional nuclear 1lants, 1roucing less than /44 megawatts0` )he Senate also 1asse a

measure, on a >5 vote , that woul create a nuclearAeucation 1rogram to awargrants for science teachers to atten wor*sho1s on nuclear energy an to ;ring innuclear am;assaors8 to introuce nuclear science an technology to stuents ingraes A530 ` Both measures now hea to the &ouse for consieration0

Even i) te =P no%a( ates %ene$abe ene%g(3 nu#ea%

ene%g( is .e( – #ost ee#tive

Fise% 1< A former Re1u;lican scienceA1olicy sta"er an legislative irector in the

&ouse of Re1resentatives ischa Fischer, 532552345/, )he !tlantic, T)he Re1u;licanParty Isn@t Really the !ntiAScience Party,htt1+22www0theatlantic0com21olitics2archive2345/2552theAre1u;licanA1artyAisntAreallyA

theAantiAscienceA1arty235352, D25M2345L, B. )he catch+ Conservatives ;elieve many of the 1olicies 1ut forwar to aress the1ro;lem will lea to unacce1ta;le levels of economic harshi10 It@s not inherentlyantiAscienti?c to o11ose ca1 an trae or car;on ta-es0 9hat most Re1u;licanso;Gect to are 1olicies that unilaterally ma*e it more e-1ensive in the nite Statesto 1rouce energy, grow foo, an trans1ort 1eo1le an goos ;ut are unli*ely to ma*e much longAterm

i"erence in the worls climate, given that other maGor worl economies emit more car;on than the nite States

or have much faster growth rates of car;on emissions (China, Inia, Russia, an Bra=il all come to min70` )hemore im1ortant >uestion on climate change is not Thow o we eliminate car;onimmeiatelyZ ;ut Thow ;est o we secure a cleaner environment an more1ros1erous worl for future generationsZ ` It is on this su;Gect that many on the 1olitical left ee1ly

hol some serious antiAscienti?c ;eliefs0 Set asie the fact that twice as many .emocrats as Re1u;licans ;elieve inastrology, a 1seuoscienti?c meieval farce0 JeftAwing ieologues also fre>uently es1ouse an irrational fear ofnuclear 1ower, genetic moi?cation, an inustrial an agricultural chemistryYeven though all of these scienti?c;rea*throughs have enriche lives, lengthene lifes1ans, an 1rouce su;stantial economic growth over the lastcentury0 ` E-amining greenhouseAgas emissions in e-act terms, three of our ;iggest sources of emissions areelectricity generation, trans1ortation, an agriculture0 9ith wies1rea ao1tion of nuclear technology, we coulconceiva;ly cut out more than D4 1ercent of our total emissions ;y eliminating the 1ollution from ;urning1etroleum for trans1ortation an coal for electricity generation (:o;el Pri=eAwinning 1hysicist Burton Richter

e-1lains this in his slightly technical ;ut reaa;le Beyon Smo*e an irrors70` :uclear 1ower is the on(

ene%g( sou%#e that can actually meet ;aseAloa 1ower re>uirements for a costcom1etitive K92h 1rice with almost =ero car;on emissions0 <ne of the largest hurles to

nuclear energy is storage of ;y1rouct waste, something <;ama ealt a huge ;low when he halte theevelo1ment of Vucca ountain for what the %overnment !ccounta;ility <Hce calle strictly 1olitical reasons0

Re1u;licans in Congress have %e&eated( su&&o%ted moving forwar with Vucca

ountain0



>>?t Po&ua% 6esEven 6eo#%ats i.e nu#ea% ene%g(

a%be% H b writer for S :ews Kent %ar;er, 552/42344, S :ews, T.emocrats

Change )une on :uclear Energy,

htt1+22www0usnews0com2news2energy2articles23442552/42emocratsAchangeAtuneAonAnuclearAenergy, D25M2345L, B.

.uring the 344 1resiential cam1aign, it was Sen0 $ohn cCain, not then Sen0 Barac* <;ama, who toute nuclear

1ower0 <;ama, for the most 1art, was noncommittal on the su;Gect0 But in the year since ;eingelecte, Presient <;ama an congressional .emocrats increasingly a11ear to ;eeb%a#ing nuclear 1ower0 ` .emocrats@ su11ort has not ;een entirely roc* soli0 <;ama@s ecision, last

s1ring, to scra1 a ecaesAol 1lan to store nuclear waste at Vucca ountain in :evaa was inter1rete ;y some

critics as an early sign of an antinu*e stance within the aministration0 But many less highA1ro?lemoves, es1ecially in recent wee*s, suggest that .emocrats in the 9hite &ouse anon Ca1itol &ill, far from turning their ;ac*s on nuclear 1ower, now see it as a way ofadvan#ing tei% goas on energy an climate 1olicy0 ` Perha1s the most telling sign

is that re1resentatives of the nuclear inustry are giving the aministrationrelatively high mar*s for its nuclear 1olicies thus far0 ` 8 )his aministration has ;eenvery seriously engage on nuclear issues,8 says !le- Flint, the :uclear Energy Institute@s to1

lo;;yist0 8)here is no longer a 1olitical stigma associate with it0889e are 1lease with the of su11ort theaministration has e-1resse,8 says Bu== iller, who heas u1 nuclear evelo1ment for Southern :uclear, whicho1erates three nuclear 1lants in the Southeast an is starting to wor* on ;uiling two more reactors near !ugusta,%a0` :ew reactors, accoring to inustry estimates, will 1ro;a;ly cost at least N ;illion each0 Ji*e several othernuclear com1anies, Southern has a11lie for ?nancial hel1 from the .e1artment of Energy0 It@s also still waiting for

?nal a11roval from the :uclear Regulatory Commission0 But it@s on )unding an &oi#( issues that.emocrats are 1roving sur1risingly su11ortive0 ` Sen0 Bar;ara Bo-er, a li;eral California .emocrat,

has inclue a whole set of gooies for nuclear energy in her climate ;ill in an e"ort to win Re1u;licans@ anmoerate .emocrats@su11ort0 .emocratic Sen0 $ohn Kerry of assachusetts, the ;ill@s cos1onsor, recently 1enne

an o1Ae with South Carolina Re1u;lican Sen0 Jinsey %raham calling for e-1aning the inustry0` !n earlier

this month, .emocratic Sen0 $im 9e;; of Wirginia an Re1u;lican Sen0 Jamar!le-aner of )ennessee 1ro1ose legislation to ou;le the 0S0 1rouction ofnuclear 1ower in the ne-t 34 years0 ` !ll these 1ro1osals are nota;le for the emerging 1olitical reality

they re1resent0 :uclear 1ower is low in car;on emissions, omestically generate, anit@s 1articularly 1o1ular in the Southeast an some iwestern states0 )hat means li;eral

.emocrats, who have often raile against nuclear energy ;ecause of the raioactive waste it 1rouces, will almostcertainly have to for* over money for nuclear to win the votes for their climate ;ill0



**P%ison eat#a%e

8e?t4 8e -)t( states o) te United 9tates soud &ass ge%iat%i#

%eease egisation;

8e #ounte%&an %edu#es &%ison &o&uations and baan#es state

budgets

Co.si 201< (:iraG State s1ening on 1rison health care is e-1loing0 &ere@s

why0 <ct /4 www0washington1ost0com2;logs2gov;eat2w12345/2542/42stateAs1eningAonA1risonAhealthAcareAisAe-1loingAheresAwhy2 *f7

&ealth care an 1risons are two of the ;iggest rivers of state s1ening0 So, when you

throw them together you getU a whole lot of state s1ening0 )he meian growth on 1rison health careamong states was slightly more than L4 1ercent from 3445 to 344, accoring to oHcial ata from

MM states analy=e as 1art of a Goint initiative of the Pew Charita;le )rusts an the $ohn .0 an Catherine )0 ac!rthur Founation0

8ose states s&ent ^<;O biion on &%isons in 200O, an health care accounte for more

than oneAsi-th of that s1ening0 (344 was the last year covere in the stuy ;y the Bureau of $ustice Statistics, which Pew use for

its analysis07 )hree factors in 1articular are riving u1 state 1rison healthAcare costs, accoring to Pew+aging inmates, a 1revalence of 1hysical an mental illness an the costly nature ofelivering health care to a 1risons inmates0 )he nations elerly 1rison 1o1ulation is still relatively small,

;ut its ta*en u1 an increasingly larger share of the total 1o1ulation0 In 5, a;out /0M 1ercent of the 1rison 1o1ulation was LL anover0 By 3455, it was 0N 1ercent0 !n an oler 1o1ulation means more e-1ensive health care0 In ichigan, a state stuy foun that

in a single year (3447 health care for inmates ages LL to L cost more than four times more

than for those age 34 to 3M0 In %eorgia, caring for 1risoners ages NL or oler costs a;out ,LNL1er inmate each year0 )he average annual healthAcare cost for %eorgian 1risoners uner NLZ N5 1er inmate0 So,

whats a state to oZ !ccoring to e-1erts interviewe ;y Pew, states are trying to rein in costs ;y1roviing remote health care, outsourcing it altogether, enrolling 1risoners in

eicai an 1aroling elerly or sic* inmates0 ississi11is threeAyearAol 1rogram to enroll 1risoners in

eicai generates a;out N million annually in feeral reim;ursements0 Jouisiana save 30N million over?scal years 344 an 3454 through feeral eicai reim;ursements0 !n :ew Vor*s

com1troller estimates that the state coul save u1 to 34 million annually through such

reim;ursements0 ner the new feeral healthAcare law, eligi;ility for eicai will ;e e-1ane in 3L states, meaning

more inmates will ;e a;le to >ualify, o"setting state 1rison healthAcare costs0 Releasing lowAris* oler 1risonerscoul hel1 rive own costs an 1rison si=e , too0 <hio e-1ects to save more than MNmillion an slash the 1rison 1o1ulation ;y D 1ercent over three years ;y granting1arole to more of its elerly 1rison 1o1ulation0 :ew Vor*, Illinois, California an Connecticut have also

1ursue similar 1olicies for lowAris* elerly an2or sic* inmates0



>>?t4 P%isons a%e ain %eason )o% de-#itse%iat%i# %eease is te best $a( to baan#e state budgets

C%a( 2012 (.avi Elerly inmates+ !ging 1rison 1o1ulation strains tight state

;uges $an 3D www0huHngton1ost0com2345324523D2elerlyA

inmates6n653/N430html *f7:E9 V<RK Y In corrections systems nationwie, oHcials are gra11ling with ecisions a;outgeriatric units, hos1ices an meical 1arole as elerly inmates b with their high rates of illness an

in?rmity b ma*e u1 an ever increasing share of the 1rison 1o1ulation0 !t a time of tight state

;ugets, it@s a tren 1osing iHcult ilemmas for 1olicyma*ers0 )hey ust add%ess soa%ing

edi#a #osts for these oler inmates an 1oner whether some can ;e safely release ;efore their

sentences e-1ire0 )he latest availa;le ?gures from 3454 show that 1ercent of the 1rison1o1ulation b 53M,M44 inmates b was LL or oler, com1are to / 1ercent in 5L, accoring to

a re1ort ;eing release Friay ;y &uman Rights 9atch0 )his olest segment grew at si- times therate of the overall 1rison 1o1ulation ;etween 5L an 3454, the re1ort says0 8Prisons were never

esigne to ;e geriatric facilities,8 sai $amie Fellner, a &uman Rights 9atch s1ecial aviser who wrote the re1ort0

8Vet 0S0 corrections oHcials now o1erate ol age homes ;ehin ;ars08 )he main reasons for the tren, Fellner sai,are the long sentences, incluing life without 1arole, that have ;ecome more common in recent ecaes, ;oostingthe 1ercentage of inmates unli*ely to leave 1rison ;efore reaching ol age, if they leave at all0 !;out one in 54state inmates is serving a life sentence an aitional 55 1ercent have sentences longer than 34 years0 )he re1ortalso notes an increase in the num;er of o"eners entering 1rison for crimes committe when they were over L40 In<hio, for e-am1le, the num;er of new 1risoners in that age grou1 Gum1e from DM/ in 3444 to 5,5L in 3454,accoring to the re1ort0 Fellner cite the case of Jeonar &uson, who entere a :ew Vor* 1rison at age N in 3443on a murer conviction an will ;e eligi;le for 1arole when he@s 0 &e@s house in a s1ecial unit for men withementia an other cognitive im1airments, Fellner sai0 !0)0 9all, irector of the Rhoe Islan .e1artment ofCorrections an 1resient of the !ssociation of State Correctional !ministrators, sai he an his colleaguesregularly e-change ieas on how to co1e with the surging num;ers of oler 1risoners0 89e are accustome tomanaging large num;ers of inmates, an it@s a challenge to ientify 1articular 1ractices that nee to ;e 1ut into1lace for a su;set,8 he sai0 8)here are no easy solutions08 9all sai 1rison oHcials confront such >uestions aswhether to retro?t some cells with gra; ;ars an hanica1 toilets, how to accommoate inmates@ wheelchairs, anhow to eal with inmates who no longer unerstan instructions0 8.ementia can set in, an an inmate who wasformerly easy to manage ;ecomes very iHcult to manage,8 he sai0 States are trying to meet the nees0 Somee-am1les+ 69ashington state o1ene an assiste living facility at its Coyote Rige 1rison com1le- in 3454, with aca1acity of DM inmates0 It@s reserve for inmates with a isa;ility who are eeme to 1ose little security ris*0 6)heJouisiana State Penitentiary has ha a hos1ice 1rogram for more than a ecae, sta"e ;y fellow 1risoners who1rovie ying inmates with care ranging from changing ia1ers to saying 1rayers0 6In assachusetts, a newcorrections master 1lan 1ro1oses one or more new facilities to house aging inmates who nee signi?cant hel1 withaily living0 Some critics o;Gect, saying inmates shouln@t get s1eciali=e care that might not ;e availa;le ora"ora;le for mem;ers of the 1u;lic0 6ontana@s corrections e1artment is see*ing ;is for a 534A;e 1rison thatwoul inclue assisteAliving facilities for some elerly inmates an others who nee s1ecial care0 In )e-as,legislators have ;een consiering several o1tions for aressing the nees of in?rm, elerly inmates0 State Re10 $erry aen, chairman of the &ouse Corrections Committee, sai no ecisions have ;een mae as the e-1erts tryto ;alance cost factors an 1u;lic safety0 8Vou can@t Gust generali=e a;out these 1risoners,8 he sai0 8Some are stille-tremely angerous, some may not ;e0000 Some you wouln@t want in the same assiste living facility with your1arents or gran1arents08 Fellner, who visite nine states an 34 1risons uring her research, sai correctionsoHcials often were constraine ;y tight ;ugets, lac* of su11ort from electe oHcials, an 1rison architecture notesigne to accommoate the elerly0 She note that 1rison 1olicies traitionally were geare to treat all inmates

on an e>ual ;asis0 So it may not ;e easy for 1rison oHcials to consier s1ecial accommoations for aging inmates,whether it ;e e-tra ;lan*ets, shortcuts to reuce wal*ing istance, or s1aring them from assignments to u11er;un*s0 )he re1ort sai the num;er of aging 1risoners will continue to grow unless there are changes to toughAonAcrime 1olicies such as long manatory sentences an reuce o11ortunities for 1arole0 8&ow are Gustice an 1u;licsafety serve ;y the continue incarceration of men an women whose ;oies an mins have ;een whittle away;y ageZ8 Fellner as*e0 <ne of the 1ro;lems facing 1risons is that many of their health care sta" lac* e-1ertise incaring for the elerly, accoring to Jina Refor, irector of the geriatric eucation center at the niversity ofKansas eical Center0 8It@s a ;ig struggle for them to *ee1 u1,8 sai Refor, who has hel1e train 1rison sta" aninmates in geriatric care0 8)hey@re use to having to eal with issues of younger 1risoners, such as &IW ansu;stance a;use,8 she sai0 ner a Su1reme Court ruling, inmates are guarantee ecent meical care, ;ut they



lac* their own insurance an states must 1ay the full cost0 In %eorgia, accoring to Fellner@s re1ort, inmates NLan oler ha an average yearly meical cost of ,LNL, com1are with N5 forthose uner NL0

P%ison g%o$t is te #ause o) budget ove%st%et#9.oni#. 2011 (!am Runaway 1rison costs thrash state ;ugets Fe;

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)he 1rison system in the 0S0 is in crisis moe0 States across the country are gra11ling with massive;uget shortfalls, much of which can ;e creite to the runaway growth of 1rison;ugets over the 1ast 3L years0 !t L4 ;illion s1ent on corrections a year nationwie, its the seconAlargest state e-1eniture ;ehin eicai0 )o 1ut it another way, one out of every 5L state ollars is

s1ent on corrections in this country0 :ot coincientally, one in /5 !merican aults are arift in this ;loatecorrections matri-, stretching resources ra=or thin0 :ow swing the recession slegehammer, an you have anationwie crisis re>uiring states to come u1 with creative solutions to meet enormous ;uget e?cits0 Californias

1rison system, the secon largest in the country, has ha its ;uget slashe for two years running, an its 1risons?lle to over 5N4 1ercent ca1acity0 )hirtyAthree of them are o1erating at ou;le ca1acity0 )em1orary ;es, half ofwhich are ?lle ;y 1ro;ation or 1arole violators, are tri1le stac*e in gyms an classrooms an crowing out sounreha;ilitation 1rograms0 Sometimes two an three inmates share a cell esigne for one man0 Recent court rulingshave manate the California .e1artment of Corrections an Reha;ilitation (C.CR7 reuce the 1rison 1o1ulation to5/D0L 1ercent ca1acity ;y 34530 !ll of which has force the state to fashion solutions that loo*, at ?rst ;lush, li*e agam;le0 It costs MM,LN/ to incarcerate a 1risoner for a year in California Y nearly the same 1rice as a year at&arvar niversity with room an ;oar0 !ccoring to state 1roGections nearly 3/,444 1risoners in California have;een release on what has ;een calle :onARevoca;le Parole (:RP7 over the 1ast year0 )hese 1risoners, all of whomare nonAviolent an eeme to ;e low ris* reAo"eners, will not ;e release early, ;ut once they are they will ;e ontheir own to sin* or swim in the community, with no oversight from 1arole oHcers0 )he iea is to ease the case;uren on the 1arole system, reuce the .e1artment of Corrections ;uget an 1erha1s most im1ortantly, reuce

overcrowing in 1risons0 )here is certain to ;e some ;ugetary ;ene?t0 It costs MM,LN/ (the average for the

0S0 is 3,5D7 to incarcerate a 1risoner for a year in California Y nearly the same 1rice as a

year at &arvar niversity with room an ;oar0 !n nationally half of all state 1risoners are incarcerate for

1ro;ation or 1arole violations0 &owever, there is no conclusive research to suggest how these e-Acons will functionin society with no oversight from a 1arole oHcer0 nem1loyment among e-Ao"eners is common, an many willli*ely en u1 on state welfare0 )he ?rst 5M months are critical for an e-Acons transition ;ac* into the community,an having no state hel1 with Go; 1lacement or continue reha;ilitation coul 1ut them right ;ac* ;ehin ;ars0T)hin* of this economy were in0 9e have 1eo1le with masters egrees a11lying for entryAlevel Go;s0 &ow is a1risoner going to com1eteZ as*s )erry )hornton of the California .e1artment of Corrections an Reha;ilitation09hich ;egs the >uestion, woul leaving them out to ry actually cut state s1ening, or sim1ly transfer itZ California

is not alone in the wilerness0 South Carolinas 1rison 1o1ulation tri1le ;etween 5/ an 3440

<ver that same 1erio of time, s1ening increase ;y L44 1ercent to /M million, an not only i reciivism

actually increase, the FBI ran*e South Carolina at the to1 of 1er ca1ita violent crime rate0 9ith /,344aitional inmates 1roGecte ;y 345M, an aitional ML million in s1ening woul;e re>uire0 )he goo news is that all this 1ressure has 1rouce some 1olicy gems that may Gust reform the

!merican 1rison system forever0 T)hin* of this economy were in0 9e have 1eo1le with asters egrees a11lying forentryAlevel Go;s0 &ow is a 1risoner going to com1eteZ Enter Pew Center on the States0 T9hat we o is a yearAlong1rocess, says Pews !am %el;0 In a ;i1artisan wor*ing grou1, legislators from ;oth sies of the aisle, correctionsoHcials an Pew analysts loo* at the ata, formulate new 1olicy an get it to the governors es*0 )he result inSouth Carolina was the <mni;us Crime Reuction an Sentencing Reform !ct of 34540 It inclue sentencingreform, an a ris*AanAnees assessment tool that etermines the li*elihoo of an inmate to reAo"en 1rior to1arole0 It strengthene 1arole su1ervision to set u1 newly release inmates for success in the community, anma*e it more iHcult for nonAviolent 1arolees to ;e sent ;ac* to 1rison0 )he law is 1roGecte to save the state u1 to5DL million in construction costs an avoi more than NN million in o1erating costs uring the ne-t ?ve years0!nother historically conservative state is ho1ing to follow suit0 TJouisiana is the 1oster chil for criminal Gusticeim1rovement, says Jouisiana State Secretary of Pu;lic Safety an Corrections, $immy Je Blanc0 T9e loc* u1 morethan any other state 1er 544,444 an our rate of violent crime is higher than most, so this har on crime sell Gust



isnt wor*ing0 Put it all together an you have a state with overcrowe 1risons an 1arish Gails0 Part of the1ro;lem is manatory minimum sentencing for nonAviolent rug o"enses, a nationwie scourge0 T)he longer youve;een in 1rison, the >uic*er you go ;ac*, says Je Blanc0 T)hats a 1roven fact0 !lison Shames, from the WER!Center for $ustice, agrees0 TIf Im a rug o"ener, Ill ;e a ;etter rug o"ener with more criminal friens, lessfamily ties, less o1tions, an Ill ;e a greater ris* to society if go to 1rison for three years instea of one0Reciivism is a vicious cycle for ta-1ayers as well as 1risoners, ;ut its not com1letely unavoia;le0 9hen Je Blancserve as waren at .i-on State Prison, he ;rought the reciivism rate own to / 1ercent from MD 1ercent on thestrength of 1rogressive reAentry initiatives0 Tost of it is common sense stu", he says0 T9e ma*e sure our inmateshave a resience 1lan, a Go; or a 1otential Go;, an a continuum of care for su;stance a;use an mental health0Before release, inmates also go through a ;asic ris*AanAnees assessment, li*e the one im1lemente in SouthCarolina, to etermine what *in of eucation or vocational training they want or nee an theres a communitycare com1onent too0 Je Blanc is even wor*ing to get some 1arole an 1ro;ation cases into the hans of communitysocial wor*ers rather than law enforcement oHcers0 Its all very warm an fu==y, yet such 1olicies have ;eencham1ione ;y the li*es of :ewt %ingrich an Jouisiana governor Bo;;y $inal0 TIts conservative states withconservative leaers that are out front tac*ling this issue, says %el;0 )he tren starte in )e-as, when in 344D thestate scuttle a 1lan to ;uil eight new 1risons at a cost of 3 ;illion an re1lace it with ;eefe u1 communitytreatment an su1ervision that cost 3M5 million0 )he reason is clear, accoring to Je Blanc0 TIf we get these thingsaccom1lishe, its going to ;ring own reciivism0 9hich in turn will ease the states ?nancial ;uren0 )y1ically1arole 1rograms cost ta-1ayers D0MD 1er ay 1er 1arolee, while 1risons cost D0L 1er ay 1er inmatenationwie0 %etting it accom1lishe wont ;e easy0 Je Blanc 1oints to a statewie 50N ;illion ;uget shortfall,which translates as a /L 1ercent cut, or 5L5 million, from the corrections ;uget0 )han*fully, har times haveushere what Je Blanc sees as a new era of 1olitical colla;oration in Baton Rouge, an he 1romises to maintain hisreAentry initiatives0 TIf we want to reuce the 1rison 1o1ulation we have to maintain our 1arole an 1ro;ation

ivisions, he says0 TSeventy 1ercent of 1arole or 1ro;ation revocations ha11en within the ?rst 5M months0 )hatsfor violent an nonAviolent o"eners0 )hey nee to ;e connecte, followe u1 with0 Vou cant Gust let them coltur*ey out of 1rison0 Vet thats what California continues to o0 )heres no argument that California is a state withits ;ac* against the wall0 )he ;uget for the .e1artment of Corrections an Reha;ilitation was slashe ;y 5 ;illionin 3454, an uner %overnor Browns new ;uget the ho1e is 50M ;illion more can ;e save in 3455, ;ut thatinclues a 5L4 million reuction in reha;ilitation 1rograms at a time when reciivism is at an alarming rate Y ND1ercent an LL 1ercent of Californias inmates are loc*e u1 for 1arole or 1ro;ation violations rather than a new

crime0 <rgani=ations li*e Pew an WER! an a growing chorus of conservative1oliticians argue that it is much smarter to cou1le nonArevoca;le 1arole with aninvestment in ;eefe u1 1arole 1rograms that inclue 1illars li*e su;stance a;use ,

Go; 1lacement an cutting ege cognitive ;ehavioral thera1y 1rograms that accoring to %el;, Thel1 ientifytriggers that s1ur criminal ;ehavior an train 1arolees how to avoi them an ma-imi=e 1ositive inuences in theirlives0 )y1ically 1arole 1rograms li*e these cost ta-1ayers D0MD 1er ay 1er 1arolee, while 1risons cost D0L 1er

ay 1er inmate nationwie0 )rou;le is those ;uget cuts are coming0 T!n what coul ;eeasier than cutting 1rograms that hel1 convicte felonsZ !s*s %el;0 TBut that coul ;e1ennywise an 1oun foolish0 Es1ecially if your goal is to get ta-1ayers a ;etterreturn on their security an law enforcement investment0 A See more at+

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at4 9tates ave a%ead( done tis9tates tat ave a%ead( done ge%iat%i# %eease ave too u#

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M#a%%( 2010 (Peggy [.irector, Center on Sentencing an Corrections # Wera'

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)hroughout the nite States, state corrections systems face signi?cant challenges+ many 1risons are o1eratingover ca1acity, ;ugets have ;een cut, an ecisions a;out who goes to 1rison an for how long are mae ;y1olicyma*ers who often lac* goo information a;out the im1act of their actions0 State legislatures an correctionse1artments are tac*ling these challenges ;y loo*ing for new ways to reuce their 1rison 1o1ulations without Geo1ari=ing 1u;lic safety0 Some states, li*e Colorao, are consiering evienceA;ase ris*assessment tools to hel11aroling authorities ma*e ;etterAinforme ecisions a;out safe releases, while others, li*e :ew Vor*, are using such

tools to inform su1ervision an violation ecisions0 )his re1ort e-amines an uneruse strategy that isincreasingly attracting attention as a way to reuce the 1rison 1o1ulation, save costs, anmaintain 1u;lic safety0 %eriatric an meical release 1olicies target inmates whoseavance age or waning health limit the ris* they 1ose to the community 0 Because thecost of maintaining these iniviuals in state 1risons is signi?cantly higher than that for

younger inmates, releasing oler inmates has the 1otential to save corrections e1artments

su;stantial amounts of money0 :evertheless, many states that have enacte such 1olicies have not

reali=e a ecrease in their 1rison 1o1ulations or the savings they may have antici1ate0 )he lessons from thisanalysis of mostly ine"ectual geriatric release 1rovisions can also ;e a11lie to other areas of criminal Gustice1olicy0 Perha1s the most im1ortant lesson is that intent is not enough to achieve a legislative or agency 1olicys

esire im1act0 Policyma*ers must use availa;le ata to unerstan their corrections1o1ulation an not ;e overly restrictive in e?ning the su;set eligi;le for earlyrelease0 Instea, they must craft 1olicies an legislation to ensure that e-ce1tions an1roceural re>uirements o not overwhelm a 1rovisions intent0 )o achieve their ma-imum

im1act, 1olicies must ;e ;ase on evience an 1roven outcomes0 Finally, legislation an 1olicy change alone are

usually not suHcient+ attention an resources must also ;e irecte towar careful im1lementation0



at4 ( 55_55 is te best age to sta%t> uti&e $a%%ants

@e%a "nstitute 2010 (It@s a;out time !1r

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1risonersAincreasingAcostsAanAgeriatricArelease01f *f7 )here is no national consensus a;out the age at which an inmate >uali?es as Tol or Telerly0 )he 0S0 Census

Bureau e?nes the general Telerly 1o1ulation as those NL an oler, ;ut the :ational Commission onCorrectional &ealth Care uses LL as its threshol for Telerly inmates0D !t least 3D

states have a e?nition for who is an Toler 1risoner, accoring to a recent survey+ 5L states use L4 years as the

cuto", ?ve states use LL, four states use N4, two states use NL, an one use age D40 !lthough mostL4AyearAols are not consiere elerly, the aging 1rocess a11ears to accelerate for1eo1le who are incarcerate0 Some contri;uting elements inclue a 1ersons 1oor 1hysical or mental

health 1rior to incarcerationY often the result of factors such as su;stance a;use, lac* of access to health care orinae>uate care, 1overty, an lac* of eucationYas well as the 1hysical an 1sychological stresses associate with1rison life itself0 S1eci?c stressors inclue se1aration from family an friens the 1ros1ect of living a large 1ortionof ones life in con?nement an the threat of victimi=ation, which is1ro1ortionately a"ects oler inmates054 For

these reasons, correctional aministrators, health 1ractitioners, an acaemics agreethat an incarcerate 1ersons 1hysiological age may e-cee his or her chronologicalage055



at4 Reease vioent #%iinas@ioent #%iinas $onDt be %eeased



1risonersAincreasingAcostsAanAgeriatricArelease01f *f7In evelo1ing geriatric release statutes an &%o#edu%es, 1olicyma*ers often e-clueiniviuals convicte of violent o"enses or se- o"enses an those sentence to life

im1risonment0 For these 1o1ulations, 1unishment as a goal of incarceration may outweigh consierations ofcorrectional cost savings or the 1ros1ect that age has renere a 1erson less angerous0 !lthough this rationale isunerstana;le, the result is that geriatric release 1olicies may a11ly to only a small su;set of oler inmates0 In200O, one in 55 0S0 1risonersYmore than 5M4,444 iniviualsYwere serving a life sentence 3 1ercent of them(roughly M5,444 1eo1le7 have no 1ossi;ility of 1arole03 In Pennsylvania, a 344/ stuy of inmates L4 an olerfoun that oler 1risoners were more li*ely to have ;een incarcerate for serious o"enses, incluing ra1e, murer,ro;;ery, aggravate assault, an ;urglary NN 1ercent were serving ma-imum sentences of 54 years or more, with35 1ercent serving life sentences0/4 ! 344N re1ort on :orth Carolina 1risoners showe that almost N4 1ercent ofinmates ages L4 an oler were serving sentences for violent or se- crimes, incluing se-ual assault, ha;itualfelonies, an murer in the ?rst or secon egree0 ost were serving a sentence of life or of 54 years to life0/5 !slarger num;ers of 1eo1le convicte of serious an violent crimes grow ol in 1rison, categorically e-cluing them

from consieration may result in fewer releases an less 1otential cost savings0



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1risonersAincreasingAcostsAanAgeriatricArelease01f *f7 )he nee to reuce corrections costs without Geo1ari=ing 1u;lic safety 1roviesstates with an o11ortunity to introuce or re?ne geriatric release 1olicies 0 )he challenge

is to ma*e e-isting 1olicies more e"ective an to ientify an assess new a11roaches to managing an aging

1o1ulation that is e-1ecte to grow0 States with 1rovisions for geriatric release can lea theway ;y ma*ing greater use of them an evaluating the outcomes0 States that havenot create such 1olicies can test innovative strategies an hel1 the criminal Gustice?el learn more a;out what wor*s, 1articularly with regar to reentry ancommunity su1ervision for an elerly 1o1ulation that is ill, in?rm, or ;oth0



misconuct an must 1artici1ate in several 1reetermine reha;ilitative 1rograms to ;e eeme RRI certi?e0 )hrough 345/ the Pennsylvania .e1artment of Corrections estimates that roughly ,444 inmates have servea11ro-imately ?ve months less on average ue to the RRI 1rogram, saving the state roughly 5M,444 1er inmate(Buc*len, Bell, an Russell 345M70 In a none-1erimental evaluation of the 1rogram, RRIcerti?e inmates are foun to;e rearreste over the threeyear 1erio following their release at a rate that is 1ercentage 1oints lower than thatfor a matche com1arison grou10 )here is no statistically measura;le e"ect on reincarceration, however0 oreover,;ecause the 1rogram is targete towar relatively lowAris* inmates with short sentences, a si=a;le minority arerelease 1rior to 1artici1ating in the 1rescri;e 1rogramming0 )a*e inventory of an reevaluate legislatively

manate minimum sentences0 anatory sentencing laws s1ecify minimum 1risonsentences for s1eci?c o"enses or o"enses with aggravating circumstances that aretargete ;y s1eci?c legislation0 Stemen, Rengifo, an 9ilson (344N7 note that manatory minimum

sentences usually constrain ;oth the ecision regaring whether an o"ener shoul ;e sentence to 1rison an theminimum amount of time that an inmate must serve0 Between 5DL an 3443 every state, the .istrict of Colum;ia,an the feeral government ao1te some form of manatory minimum sentencing targete at a s1eci?c o"ense0

:early three >uarters of all states an the feeral government enacte manatoryminimum sentences for 1ossession or traHc*ing of illegal rugs0 anatory minimum

1enalties are also often encountere for violent o"enses, o"enses involving wea1ons, carGac*ings, o"enses

victimi=ing minors, an o"enses committe in close 1ro-imity to schools0 Feeral law is rile withmanatory minimum sentences, with is1ro1ortionate manatory minimums forrug o"enses involving crac* cocaine receiving 1erha1s the greatest scrutiny0 Closely relate to manatory

minimum sentences are state laws manating s1eci?c sentencing for re1eat o"eners0 Re1eatAo"ener laws referto sentence enhancements for criminal o"eners who re1eately commit crimes0 )he laws are often escri;eusing the ;ase;all meta1hor Tthree stri*es an youre out, conveying the iea that those who serially o"en mayultimately face life terms0 Re1eatAo"ener laws ?rst a11eare in most states uring the earlyA to miA54s unerthe la;el of Tthree stri*es, with the ?rst in 9ashington state in 5/0 By the close of the twentieth century, roughlyhalf of all states ha such 1rovisions in their sentencing systems0 )he 1rovisions of actual re1eatAo"ener laws varyconsiera;ly across states0 For e-am1le, in California a Tsecon stri*er (someone with a 1rior conviction for aviolent o"ense convicte of a secon felony7 receives a sentence e>ual to twice the sentence normally haneown for the s1eci?c secon o"ense0 ntil recently, all Tthir stri*ers (someone with two 1rior violent felonyconvictions7 were given an ineterminate sentence of twentyA?ve years to life for any aitional felony o"enses0M Incontrast, Pennsylvanias Tthree stri*es law is triggere only when an o"ener who has alreay ;een convicte oftwo 1rior felonies is su;se>uently convicte of one of eight s1eci?e o"enses0 oreover, the law gives thesentencing court iscretion to increase the sentence for the unerlying o"ense ;y u1 to twentyA?ve years0

Similar to truthAinAsentencing 1rovisions, manatory minimum sentences an

re1eatAo"ener laws often tie the hans of criminal Gustice actors (Guges an 1arole;oars, in 1articular7 an greatly increase the ;argaining 1ower of 1rosecutors in criminal 1roceeings0 Inaition to increasing the li*elihoo of a 1rison term an sentence length forconvicte o"eners, research has shown that these 1ractices often result in sti"er1enalties for those convicte of lesser yet relate o"enses than those covereirectly ;y the statute, which li*ely reects a netAwiening with regar to the range of o"enses

e-1eriencing enhance 1enalties uner the law (<wens 345570



>>?t 9oves a 8e #ounte%&an %edu#es te so#ia( a%)u #o&onents o)

&%ison senten#ing

Ra&ae and 9to 201 (Steven [%olman School of Pu;lic Policy, C

Ber*eley' an ichael [Jus*in School of Pu;lic !Hars, CJ!' ! :ew !11roach toReucing Incarceration 9hile aintaining Jow Rates of Crime aywww0hamilton1roGect0org2?les2ownloas6an6lin*s2vL6)&P6Ra1haelStoll6.iscPa1er01f *f7

)he e-1losive growth in the 0S0 incarceration rate, cou1le with crimeA?ghting ;ene?ts that ra1ily iminish withthe scale of incarceration, im1lies that there is currently su;stantial room to reuce incarceration rates without

im1acting crime0 Even a;sent a com1ensating social investment, a selective scaling ;ac* of the useof incarceration as 1unishment woul li*ely have relatively small e"ects on crimerates0 &owever, such a scaling ;ac* woul reuce corrections costs an generate;ugetary savings that coul ;e iverte to other, moreAcostAe"ective, an lessAsociallyharmful interventions0 9hile there are multi1le reasons why we use 1rison to 1unish felony o"eners,

crime control is clearly high on the list of o;Gectives an motivations0 )hat ;eing sai, the 1olicy o1tions that weoutline ;elow are intene to increase the general allocative eHciency of the use of 1rison ;esYthat is, to

increase the egree to which 1rison is reserve for those who 1ose the greatest ris* to society0 &ence, we1ro1ose two ;roa 1olicy strategies+ introuce a greater egree of iscretion into0S0 sentencing an 1arole 1ractices, an incentivi=e local authorities to reserve1rison for those who 1ose the greatest ris*0



>>?t 9oves Ra#isMandato%( inius a%e te a%gest )o% o) st%u#tu%a %a#is

in te &%ison s(ste

M#Cu%d( 200 ($esselyn [!CJ Jegislative counsel' )estimony of $esselyn

cCury, !CJ Jegislative Counsel, !t ! nite States Sentencing Commission&earing <n Cocaine an Sentencing Policy :ov 5M htt1s+22www0aclu0org2racialA

Gustice61risonersArights6rugAlawAreform6immigrantsArights2testimonyAGesselynAmccuryAacluAle *f7

)he 544 to 5 .is1arity in Feeral Cocaine Sentencing &as a Racially .iscriminatoryIm1act an has ha a .evastating Im1act on Communities of Color .ata on the racial

is1arity in the a11lication of manatory minimum sentences for crac* cocaine is1articularly istur;ing0 !frican !mericans com1rise the vast maGority of thoseconvicte of crac* cocaine o"enses, while the maGority of those convicte for 1ower cocaine o"enses

are white0 )his is true, es1ite the fact that whites an &is1anics form the maGority of crac* users0 For e-am1le, in344/, whites constitute D0O an !frican !mericans constitute more than 4O of the efenants sentence

uner the harsh feeral crac* cocaine laws, while more than NNO of crac* cocaine users in the nite States arewhite or &is1anic0 .ue in large 1art to the sentencing is1arity ;ase on the form of the rug, !frican !mericans

serve su;stantially more time in 1rison for rug o"enses than o whites0 )he average sentence for acrac* cocaine o"ense in 344/, which was 53/ months, was /0L years longer thanthe average sentence of 5 months for an o"ense involving the 1ower form of therug0 !lso ue in large 1art to manatory minimum sentences for rug o"enses, from 5M to 344/, thei"erence ;etween the average time !frican !merican o"eners serve in 1risonincrease ;y DDO, com1are to an increase of 3O for white rug o"eners0 !frican

!mericans now serve virtually as much time in 1rison for a rug o"ense at L0D months, as whites o for a violent

o"ense at N50D months0 )he fact that !frican !merican efenants receive themanatory sentences more often than white efenants who were eligi;le for amanatory minimum sentence, further su11orts te %a#ia( dis#%iinato%(

i&a#t o) andato%( iniu &enaties; <ver the last 34 years, feeral an state rug lawsan 1olicies have also ha a evastating im1act on women0 In 344/, LO of all women in feeral 1rison wereconvicte of rug o"enses, com1are to MO of men0 )he growing num;er of women who are incarcerateis1ro1ortionately im1acts !frican !merican an &is1anic women0 !frican !merican womens incarceration rates forall crimes, largely riven ;y rug convictions, increase ;y 44O from 5N, com1are to an increase of M44O forwomen of all races for the same 1erio0 Sentencing 1olicies, 1articularly the manatory minimum for lowAlevelcrac* o"enses, su;Gect women who are lowAlevel 1artici1ants to the same or harsher sentences as the maGorealers in a rug organi=ation0 )he collateral conse>uences of the nations rug 1olicies, racially targete1rosecutions, manatory minimums, an crac* sentencing is1arities have ha a evastating e"ect on !frican!merican men, women, an families0 Recent ata inicates that !frican !mericans ma*e u1 only 5LO of thecountrys rug users, yet they com1rise /DO of those arreste for rug violations, LO of those convicte, an DMOof those sentence to 1rison for a rug o"ense0 In 5N, ;efore the enactment of feeral manatory minimumsentencing for crac* cocaine o"enses, the average feeral rug sentence for !frican !mericans was 55O higherthan for whites0 Four years later, the average feeral rug sentence for !frican !mericans was MO higher0 !s lawenforcement focuse its e"orts on crac* o"enses, es1ecially those committe ;y !frican !mericans, a ramatic

shift occurre in the overall incarceration trens for !frican !mericans, relative to the rest of the nation,transforming feeral 1risons into institutions increasingly eicate to the !frican !merican community0 )he e"ectsof manatory minimums not only contri;ute to these is1ro1ortionately high incarceration rates, ;ut also se1aratefathers from families, se1arate mothers with sentences for minor 1ossession crimes from their chilren, leavechilren ;ehin in the chil welfare system, create massive isfranchisement of those with felony convictions, an1rohi;it 1reviously incarcerate 1eo1le from receiving social services such as welfare, foo stam1s, an access to1u;lic housing0 For e-am1le, in 3444 there were a11ro-imately D5,N44 !frican !merican men in 1risons an Gails0

)hat same year, there were only N4/,4/3 !frican !merican men enrolle in higher eucation0 )he fact thatthere are more !frican !merican men uner the Gurisiction of the 1enal systemthan in college has le scholars to conclue that our crime 1olicies are a maGor



Prison Ja;or CP8e?t4 8e U9F soud in#%ease te iniu $age )o%

&%isone%s doing &%ison abo%; 'sti $o%.ing on tis

Cea& &%ison abo% is uniGue( %ooted in institutionai:ed

%a#isB%o$ne [$aron Browne0 <rgani=er with Peo1le <rgani=e to 9in Em1loyment

Rights (P<9ER70 TRoote in Slavery+ Prison Ja;or E-1loitation0 344D0htt1+22reimaginer1e0org2noe2LN'22Eer=

It may sur1rise some 1eo1le that as the num;er of 1eo1le without Go;s increases, the num;erof wor*ing 1eo1le actually increasesYthey ;ecome 1rison la;orers0 Eve%(one

inside as a ob0 )here are currently over D4 factories in Californias // 1risons alone0 Prisoners oeverything from te-tile wor* an construction, to manufacturing an service wor* 0

Prisoners ma*e shoes, clothing, an etergent they o ental la; wor*, recycling, metal 1rouction, an woo1rouction they o1erate airies, farms, an slaughterhouses0 nite States Prisons mirror Free Enter1rise ones in

!frica, !sia, an Jatin !merica the 1rison is a reection of the )hir 9orl within the nite States0 Prisonersare not 1rotecte ;y minimum wage laws or overtime, an are e-1licitly ;arre from the right to

organi=e an collectively ;argain0 In fact, the conitions for the overwhelmingly Blac* anJatino men an women insie the nite States 1rison system are so similar to thatof wor*ers in the ma>uilaoras an sweatsho1s of the glo;al South that in 5L,<regon 1oliticians were even courting :i*e to move their 1rouction from Inonesiainto <regon 1risons0 T9e 1ro1ose that (:i*e7 ta*e a loo* at their trans1ortation costs an their la;or costs,

<regon State Re1resentative Kevin anni- e-1laine in an interview with researcher Reese Erlich, T9e coul o"er[com1etitive' 1rison inmate la;or in <regon03 )o unerstan the conitions that have allowe such an e-1loitative

inustry to evelo1, we have to loo* at the origin of the nite States 1rison system itself0 Before thea;olition of slavery there was no real 1rison system in the nite States 0 Punishment for

crime consiste of 1hysical torture, referre to as cor1oral or ca1ital 1unishment0 9hile the moel 1rison in thenite States was ;uilt in !u;urn, :ew Vor* in 55D, it wasnt until the en of the Civil 9ar, with the oHcial

a;olition of slavery, that the 1rison system too* hol0 In 5NL, the 5/th !menment oHcially a;olishe slavery forall 1eo1le e-ce1t those convicte of a crime an o1ene the oor for mass criminali=ation0 Prisons were ;uilt in theSouth as 1art of the ;ac*lash to Blac* Reconstruction an as a mechanism to reAenslave Blac* wor*ers0 In the late5thAcentury South, an e-tensive 1rison system was evelo1e in the interest of maintaining the racial aneconomic relationshi1 of slavery0 Jouisianas famous !ngola Prison illustrates this history ;est0 In 54, this 444Aacre family 1lantation was 1urchase ;y the state of Jouisiana an converte into a 1rison0 Slave >uarters ;ecamecell units0 :ow e-1ane to 5,444 acres, the !ngola 1lantation is tille ;y 1risoners wor*ing the lanYa chilling1icture of moern ay chattel slavery0 Blac* Coes an Convict Jeasing 9hen slavery was legally a;olishe, a newset of laws calle the Blac* Coes emerge to criminali=e legal activity for !frican !mericans0 )hrough theenforcement of these laws, acts such as staning in one area of town or wal*ing at night, for e-am1le, ;ecame thecriminal acts of Tloitering or T;rea*ing curfew, for which !frican !mericans were im1risone0 !s a result of Blac*

Coes, the 1ercentage of !frican !mericans in 1rison grew e-1onentially, sur1assing whites for the ?rst time0/ !system of convict leasing was evelo1e to allow white slave 1lantation owners inthe South to literally 1urchase 1risoners to live on their 1ro1erty an wor* uner

their control0 )hrough this system, ;iers 1ai an average 3L,444 a year to thestate, in e-change for control over the lives of all of the 1risoners 0 )he system 1rovie

revenue for the state an 1ro?ts for 1lantation owners0 In 5D, %eorgia lease out 5,3/ 1risoners, an all ;ut 55Lwere !frican !merican0M uch li*e the system of slavery from which it emerge, convict leasing was a violent ana;usive system0 )he eath rate of 1risoners lease to railroa com1anies ;etween 5DD an 5D was 5N 1ercentin ississi11i, 3L 1ercent in !r*ansas, an ML 1ercent in South Carolina0L )he stories of violence an tortureeventually le to massive reform an a;olition movements involving alliances ;etween 1risoner organi=ations, la;or

unions, an community grou1s0 By the 5/4s, every state ha a;olishe convict leasing0N !s the southernstates ;egan to 1hase out convict leasing, 1risoners were increasingly mae to wor*



in the most ;rutal form of force la;or, the chain gang 0 )he chain gangs originate as a 1art of

a massive roa evelo1ment 1roGect in the 54s0 %eorgia was the ?rst state to ;egin using chain gangs to wor*male felony convicts outsie of the 1rison walls0 Chains were wra11e aroun the an*les of 1risoners, shac*ling ?vetogether while they wor*e, ate, an sle1t0 Following %eorgias e-am1le, the use of chain gangs s1rea ra1ily

throughout the South0D For over /4 years, !fricanA!merican 1risoners (an some white1risoners7 in the chain gangs were wor*e at gun1oint uner whi1s an chains in a

1u;lic s1ectacle of chattel slavery an torture0 Eventually, the ;rutality an violence associate with chain gangla;or in the nite States gaine worlwie attention0 )he chain gang was a;olishe in every state ;y the lL4s,

almost 544 years after the en of the Civil 9ar0 Prison Ja;or E-1loitation in the 35st Century $ust a fewecaes later, we are witnessing the return of all of these systems of 1rison la;ore-1loitation0 Private cor1orations are a;le to lease factories in 1risons, as well as lease

1risoners out to their factories0 Private cor1orations are running 1risonsAforA1ro?t0 %overnmentArun 1rison factorieso1erate as multi;illion ollar inustries in every state, an throughout the feeral 1rison system0 In the most1unitive an racist 1rison systems, we are even witnessing the return of the chain gang0 Prisoner resistance ancommunity organi=ing has ;een a;le to efeat some of these initiatives, ;ut in !ri=ona, arico1a County continues

to o1erate the ?rst womens chain gang in the history of the nite States0 9i)ts in te United9tates e#ono( and g%o$ing #%ises o) unde%e&o(ent and &ove%t( in

#ounities o) #oo% ave #%eated te #onditions )o% te #u%%ent $ave o)

ass in#a%#e%ation and te boo in &%ison abo% e?&oitation; In the Bayview

&unters Point neigh;orhoo of San Francisco, a historically Blac* community with an estimate L4 1ercentunem1loyment rate, the community is facing criminali=ation, incarceration an mass is1lacement as a result ofgentri?cation0 San Francisco, along with eight other counties in California, is im1lementing gang inGunctionsYcurfews, antiAloitering, an antiAassociation laws that function very similar to Blac* Coes for Blac*, Jatino, an!sian youthYusing the 1rete-t of gang 1revention to trac* young men into the 1rison system to ;ecome 1risonla;or, while 1re1aring the community for reevelo1ment an gentri?cation0 Peo1le <rgani=e to 9in Em1loymentRights (P<9ER7 is ;uiling 1ower among Bayview resients an ?ghting for economic evelo1ment that aressesthe interests of the Blac* community, which will create alternatives to 1rison la;or e-1loitation054 Struggles li*e thisare ;eing wage all across the country an 1rovie an o1ening to lin* the emans for wor*er rights, community

rights, an 1risoner rights0 )he ?ght against the e-1loitation of 1rison la;or is at once a?ght against racial 1ro?ling an mass incarceration, an also for genuine economicevelo1ment in Blac*, Jatino, !sian, an Paci?c Islaner communities0 )he la;or

movement in the nite States has a res1onsi;ility to su11ort 1risoner unions such as the issouri Prison Ja;ornion (PJ7, which is ?ghting for higher wages an collective ;argaining, an to challenge la;or unions who

ismiss 1risoners as stealing Go;s from the Tgoo lawAa;iing wor*ers on the outsie0 !s Siney 9illiams of theJP states, TIn this struggle we see* to regain our human ignity0 )hat is the eman of the slavery a;olitionmovement of the 35st century0



>>?t4 soven#(8e U9F as te u%isdi#tion to in#%ease &%ison $ages> te

#ounte%&an de#%eases %e#idivis $i# d%ives %a#is

6e#.e% 1< (Charles .ec*er0 Political Science grauate from Vale an contri;utor

to the 1eer reviewe Vale Institution for Social an Policy Stuies0 <cto;er 345/0htt1+22is1s0yale0eu2team2charlesAec*er^0WamM6lWi*o722Eer=

)hese challenges alone clearly ma*e the case for e-1ane wor* o11ortunities in 1rison0 <f course, 1rison la;or is

alive an well0 !ccoring to the Feeral Bureau of Prisons, feeral inmates earn 53 cents to M4 cents1er hour for Go;s serving the 1rison, an 3/ cents to 505L 1er hour in Feeral PrisonInustries factories0 Prisoners are increasingly wor*ing for 1rivate com1anies as well0 ! signi?cant cut of

even these to*en wages goes to criminal Gustice system fees0 =ende%s tus ave itte o&e o)

saving one( $ie in &%ison3 and tis a#. o) one( #obined $it)%agie &ost>%eease su&&o%t s(stes is an e?&osive )o%ua )o% %e#idivis

and %ein#a%#e%ation0 !s such, the time has come to institute a living wage for 1risonla;or0 )his wage nee not ;e at the same level in 1rison as it woul ;e outsie0 But

1rison wages must ;e high enough to cover the fees im1ose ;y the criminal Gusticesystem while allowing o"eners to reserve enough money to have a fair start u1on release0

9u# a &oi#( #oud a.e a big die%en#e in %edu#ing %e#idivis and

b%inging do$n te in#a%#e%ation %ate even )u%te%; 9hile much 1rison 1olicy is

etermine at the state level, the Feeral %overnment oes have 1ower over 1rison la;or1olicy, even for nonAfeeral inmates0 In 5D, Congress create the Prison Inustries Enhancement

Certi?cation Program (PIECP70 ner PIECP, goos mae ;y 1risoners are ;anne from interstate trans1ort unlessinmates are 1ai T1revailing wages, or wages com1ara;le to those in the 1rivate sector0 )hese criteria, however,

are routinely circumvente0 PIECP has lai the grounwor* for government regulation of1rison la;orYwhat is neee now is ;etter enforcement0 )wo maGor o;Gections to these

1ro1osals may arise0 )he ?rst is concrete+ free wor*ers will cry foul over com1etition from 1rison la;or0 )he seconis 1hiloso1hical+ no;oy is force to wor*, ;ut 1rison la;or is at its heart coercive0 Both concerns are accurate an

com1le-, ;ut the answer to each stems from the same fact+ 1rison la;or is not going anywhere0 It has e-iste for aslong as the !merican criminal Gustice system, an ignoring its 1ro;lems serves the interests of no wor*er, free orincarcerate0 Bringing these realities out into the o1en is the ?rst ste1 towar ;ringing the issue of 1rison la;or intothe movement to reform the carceral state0



Ra#ia P%o-ing CP



**1n#8e?t4 8e states o) te United 9tates soud &%oibit %a#ia

&%o-ing;

9tates need to ave #o&%eensive %a#ia &%o-ing a$s –

soves te a Eve%se( 1 b writer for S! )oay elanie Eversley, 23N2345M, S! )oay,

T:!!CP ?ns many states lac* laws ;arring 1ro?ling,htt1+22www0usatoay0com2story2news2nation2345M2423L2naac1AracialA1ro?lilngAre1ort25N33ND2, D2532345L, B.

$ust after a heate summer that inclue a hanful of fatalities at the hans of 1olice that raise >uestions of

racism, the :!!CP has release a re1ort that says many states o not have laws thate-1licitly 1rohi;it racial 1ro?ling0V )he civil rights organi=ation on )hursay release the NA1age re1ort,

Born Sus1ect+ Sto1 an Fris* an the Continue Fight to En Racial Pro?ling in !merica0 )he grou1 launche thestuy after the Fe;0 3N, 3453, eath of Floria teen )rayvon artin, shot ;y neigh;orhoo watch volunteer %eorgeimmerman, sai lea author :ia= Kasravi, the :!!CP@s irector of criminal Gustice0 ` Kasravi tol S! )<.!V that

what stoo out most for her was that the ?nings were similar to another stuy she i after the 3445 terror attac*swhile wor*ing for !mnesty International0 Bac* then, the focus was on allege racial 1ro?ling against uslims0 `

8:ot much has change0 )he num;ers are 1retty stagnant,8 Kasravi sai0` She sai

81ro;a;ly a cou1le of states8 1asse laws 1rohi;iting racial 1ro?ling AA sto11ing an>uestioning 1eo1le ;ase on racial stereoty1es AA over the 1ast ecae0 She saithe :!!CP has a litmus test AA things such as ata collection an enhance 1olicetraining AA to measure the e"ectiveness of racial 1ro?ling laws0 8"ts sad tat not

one state as a tose #o&onents;KV )he re1ort foun that+` 34 state racial 1ro?linglaws are not clear an s1eci?c in 1rohi;iting racial 1ro?ling0 V // states o not re>uiremanatory ata on sto1s an searches0 V // states o not re>uire esta;lishment ofracial 1ro?ling commissions to review com1laints0V )he release of the re1ort comes as tension

still ;rews in Ferguson, o0, where 5AyearAol ichael Brown was shot an *ille ;y 1olice oHcer .arren 9ilson on

!ug0 , an in :ew Vor* City, where Eric %arner ie in a cho*ehol ;y 1olice on $uly 5D0 ` <n )hursay, nationalactivists an family mem;ers of Brown an %arner were in 9ashington to as* the $ustice .e1artment to investigate

the two eaths0` :!!CP Presient Cornel Broo*s, among those at a 1ress conference,sai !frican !merican communities are 8in the mist of a 1anemic of 1olicemisconuct08` BenGamin Crum1, the lawyer for the Brown family, sai of 1reominantly ;lac* neigh;orhoos,

8Pro;a;le cause ha11ens in our community with no evience at all 08` !llege racial

1ro?ling an 1olice misconuct are the main reasons mem;ers an leaers of :!!CP cha1ters contact theorgani=ation@s Baltimore hea>uarters, Kasravi sai0



>>?t 9oven#(8e #ounte%&an is .e( – not one state as adeGuate %a#ia

&%o-ing a$s

Ca%. 1 b writer for S:BC ereith Clar*, 23L2345M, S:BC, TRacial 1ro?ling

re1ort ?ns dnot one state with acce1ta;le 1rotections,htt1+22www0msn;c0com2msn;c2racialA1ro?lingAre1ortA?nsAnotAoneAstateAacce1ta;leA1rotections, D2532345L, B.

Racial 1ro?ling is still a maGor 1art of life for communities of color across thecountry, an a new re1ort has foun that legal 1rotections from such 1ro?ling va%(

$id( from state to state0 )he :!!CP re1ort came the same ay the families of three ;lac* men *ille ;y

1olice oHcers in recent months calle for Gustice for their love ones0` !fter several noteworthy *illings of ;lac*men ;y white 1olice oHcers, the :!!CP on )hursay release Born Sus1ect+ Sto1AanAFris* !;uses an theContinue Fight to En Racial Pro?ling in !merica, which loo*e at racial 1ro?le laws in all L4 states0 It alsoe-amine how activists an civil li;erties avocates in :ew Vor* City successfully fought the :VP.s iscriminatory

Tsto1 an fris* 1olice search 1olicy, which is1ro1ortionately targete ;lac* an &is1anic resients0` TIn 345Mthere is not one state that has a statute that can stan u1 against this 1anemic

of 1olice misconuct, :!!CP Presient Cornell Broo*s sai of the re1ort0 !ccoring the :!!CPs review, 34states ont have a ;an on racial 1ro?ling, an on( 1 states with antiA1ro?linglaws ma*e violations a crime0 ` )he *in of ata collecte ;y law enforcement variesfrom state to state, the re1ort foun, ma*ing it iHcult to com1are communitiesan strategies e"ectively0` Connecticut an Rhoe Islan were ;oth single out for having the most

1rotections for their citi=ens against racial 1ro?ling, ;ut neither state met every one of the :!!CPs criteria forconstitutional safeguars0 !n Kentuc*y, Twhich ;asically lac*s all of the necessary com1onents for a goo law,lane at the ;ottom of the list0



at4 Fed P%o-ing8e )ede%a gove%nent is a%ead( banning %a#ia &%o-ing – itDs

ust a Guestion o) states and o#aities

o%$it: 1 b writer for )he 9ashington Post Sari &orwit=, 5322345M, )he

9ashington Post, T$ustice .e1t0 announces new rules to cur; racial 1ro?ling ;yfeeral law enforcement, htt1s+22www0washington1ost0com2worl2nationalAsecurity2GusticeAe1tAtoAannounceAnewArulesAtoAcur;AracialA1ro?lingA;yAfeeralAlawAenforcement2345M25324D2e44eca5ADeDA55eMAf/ALa5DeMc5fD6story0html,D2532345L, B.

)he <;ama aministration on onay formally announce longAawaite cur;s onracial 1ro?ling ;y feeral law enforcement, ;ut the new rules will not #ove% local1olice e1artments, which have come uner criticism in recent months overallegations that their oHcers 1ro?le sus1ects0 ` !ttorney %eneral Eric &0 &oler $r0 e-1ane $ustice

.e1artment rules for racial 1ro?ling to 1revent FBI agents from consiering gener, national origin, religion, se-ualorientation an gener ientity, in aition to race an ethnicity, when o1ening cases0 )he e1artment also is

;anning racial 1ro?ling from national security cases for the ?rst time0` &olers revise 1olicy coversstate an local law enforcement oHcers while they 1artici1ate in feeral lawenforcement tas* forces0 But it is consiere on( guidan#e for 1olice oHcers instate an local e1artments0 ` )he 1ro?ling rules come at a time of racial tension aroun the country after

the recent eaths of three !frican !mericans at the hans of 1olice in Ferguson, o0, :ew Vor* an Clevelan, anthe a;sence of criminal charges against the white 1olice oHcers who were involve0` T!s attorney general, I havere1eately mae clear that 1ro?ling ;y law enforcement is not only wrong, it is 1rofounly misguie an

ine"ective, &oler sai0 TParticularly in light of certain recent incients weve seen at theo#a level, an the wies1rea concerns a;out trust in the criminal Gustice 1rocess,its im1erative that we ta*e every 1ossi;le action to institute strong an soun1olicing 1ractices0

Fede%a a#tion is i%%eevant – state and o#a a#tions a%e .e(Nata%aan 1 b clinical 1rofessor an irector of the Civil Rights Clinic at )he

niversity of )e-as School of Jaw RanGana :ataraGan, 5325L2345M, )he 9ashingtonPost, TRacial 1ro?ling has estroye 1u;lic trust in 1olice0 Co1s are e-1loiting ourwea* laws against it0,htt1+22www0washington1ost0com21osteverything2w12345M25325L2racialA1ro?lingAhasAestroyeA1u;licAtrustAinA1oliceAco1sAareAe-1loitingAourAwea*AlawsAagainstAit2,D2532345L, B.

)he ^Blac*Jivesatter movement has s1ar*e nationwie 1rotests an has raise awareness worlwie a;out theune>ual treatment of ;lac* 1eo1le ;y 1olice in the nite States0` Jistening to the voices from the movement Y

an learning from the eath of Eric %arner an the series of other eaths of unarme ;lac* men Y its clear

that two issues nee to ;e aresse+ racial 1ro?ling an 1olice use of e-cessiveforce0 Both run afoul of the 0S0 Constitution, ;ut remain common 1ractices in lawenforcement, too often with tragic results0` In %arners case, for e-am1le, 1olice targete him for

the 1etty crime of selling loose cigarettes Y the ty1es of crimes ;lac* 1eo1le are targete for at higher rates Y an

then attem1te to arrest him with a cho*ehol, ;anne ;y the e1artment0 9hatever else we havelearne from the recent trageies of 1olice violence, it is clear that we neecom1rehensive feeral, state and o#a &oi#ies that outlaw racial 1ro?ling anrein in 1olice e-cessive force0` Racial 1ro?ling Y as well as 1ro?ling ;ase on religion, ethnicity an

national origin Y continues to 1lague our nation es1ite the constitutional guarantee of e>ual treatment uner the



law0 In a 3455 re1ort, the Jeaershi1 Conference on Civil Rights foun evience of wies1rea racial 1ro?ling,showing that !frican !mericans an &is1anics are is1ro1ortionately li*ely to ;e sto11e an searche ;y 1olice,even though theyre less li*ely to ;e foun 1ossessing contra;an or committing a criminal act0 In Illinois, fore-am1le, ;lac* an &is1anic rivers were twice as li*ely to ;e searche after a traHc sto1 com1are to whiterivers, ;ut white rivers were twice as li*ely to have contra;an0 )he :VP.s controversial sto1AanAfris* 1rogramshows similar evience of racial 1ro?ling, with 1olice targeting ;lac*s an Jatinos a;out L 1ercent of the time0 In

nearly nine out of 54 searches, 1olice ?n nothing0` Ji*ewise, e-cessive force ;y 1olice 1ersists

es1ite the Constitutions 1rohi;ition on unreasona;le searches an sei=ures 0 Inlawsuits an investigations, the 0S0 .e1artment of $ustice has conclue that a num;er of maGor 1olicee1artments have engage in a 1attern or 1ractice of e-cessive force0 )he Clevelan Police .e1artment was mostrecently foun to ;e an o"ener, ;ut it follows a long line of other waywar law enforcement agencies+ Seattle, :ew<rleans, Portlan, :ewar* an !l;u>uer>ue among them0 Clearly, cases li*e Eric %arners are not isolate Y 1oliceuse of e-cessive force is a systemic, national 1ro;lem0 )he .<$ has recommene revising an clarifying local1olicies regaring a11ro1riate uses of force, im1roving oHcer training an su1ervision, an im1lementing rigorous

internal accounta;ility systems, among other things0 But recommenations are not enough0Con>uering this systemic issue emans a national manate0` Pro?ling unermines1u;lic safety an strains 1oliceAcommunity trust0 9hen law enforcement oHcerstarget resients ;ase on race, religion or national origin rather than ;ehavior,crimeA?ghting is ess ee#tive an community istrust of 1olice grows0 ! stuy of the

Jos !ngeles Police .e1artment showe that minority communities that ha ;een unfairly targete in the 1ast

continue to e-1erience greater mistrust an fear of 1olice oHcers0 )o root out this ine"ective tacticthat unermines 1u;lic con?ence, we nee stronger 1olicies against racial 1ro?lingat all levels Y from o#a to feeral Y as well as more e"ective training anoversight of 1olice oHcers, an systems of accounta;ility0` )wenty states have nolaws 1rohi;iting racial 1ro?ling ;y law enforcement, accoring to an :!!CP re1ortrelease in Se1tem;er0 !mong states that o, the 1olicies vary wiely in im1lementation an e"ectiveness0

<nly 5D of those states re>uire ata collection on all 1olice sto1s an searches, anonly 5L re>uire analysis an 1u;lication of other racial 1ro?ling ata0 Jimite an

inconsistent ata collection ma*es it im1ossi;le to evise e"ective remeies for racial 1ro?ling0



Reations/Asia



**1n#Counte%&an4 8e United 9tates )ede%a gove%nent soud substantia(

in#%ease its engageent $it A9EAN;

9oves te advantage

8as. Fo%#e on Mutiate%a Engageent in U;9;>East Asia Reations 113 (T0S0bEast !sia Relations+ ! Strategy for ultilateral Engagement7!SE!: can serve as a founation0 !SE!:s role in ;uiling a more integrateregional society ;ase on share norms an values shoul ;e fully recogni=e ansu11orte0 !sia currently faces tensions ;etween two com1eting trens+ !sia as acommunity of norms an values, an !sia as a region sha1e ;y 1ower relations ,

given the 1resence of the nite States an China0 !lthough !SE!: is not consiere an emerging 1ower, thegrou1 of ten meium an smallerAsi=e countries has 1romote moes of coo1eration through its own e-am1le ofevelo1ing a community0 In the !SE!: )reaty of !mity an Coo1eration an other e"orts an 1ractices in regional

i1lomacy, !SE!:s role in engaging the emerging 1owers of !sia eserves recognitionan su11ort0 .ee1er !SE!: engagement with the nite States can reinforce!SE!:s role in 1romoting values an ;uiling norms0 )his may ;e a more

1rouctive focus for 0S0b!SE!: relations, rather than sim1ly see*ing to use 0S0b!SE!: ties as a means of ;alancing rising regional actors such as China0 N0 Recogni=e that integration on

i"erent economic an security issues will continue at i"erent s1ees in the region0 Each sie has a i"erent tenorthat shoul ;e note0 9ith economic ties, many in !sia see* to ;ecome closer to China, though there is somewariness over issues such as chea1 goos0 <n security ties, however, there are >uestions a;out China an its futureintentions0 any recogni=e the nee for a future 1lace to integrate0 9ith the East !sian Summit, some are leaningtowar one 1lace to integrate, while others are tal*ing a;out networ* i1lomacy0 Integration on i"erent issues will

continue at se1arate s1ees, an this may signal a nee for more networ* i1lomacy0 D0 ! new 0S0i1lomacy with !SE!: is neee0 )here is a nee an an o11ortunity for the niteStates to engage with !SE!: more closely as a hu; for a wier !sia0 Builing on thenewly esta;lishe 0S0b!SE!: Summit an the a11ointment of !m;assaor .aviCaren as the ?rst 0S0 resient re1resentative to !SE!: in arch 3455, the niteStates shoul continue to ee1en its unerstaning of !SE!: an see* out li*eA

mine countries in the grou1ing0 )his shoul not ;e limite to its alliesYthePhili11ines an )hailanY;ut also shoul inclue ties with Inonesia, Singa1ore,Wietnam, an alaysia an crossA;orer 1roGects such as the %reater e*ongSu;region0 In this conte-t, challenges in relations with yanmar have to ;e aresse0



Reations/EU



**6eat Penat( 1NC8e?t4 8e United 9tates Fede%a ove%nent soud abois te

deat &enat(;

8e CP soves %eations $it te EU/te EU as been &utting

%est%i#tions on te U9

Fo%d 1/att is an associate eitor at )he !tlantic, where he covers law an the courts0

(TCan Euro1e En the .eath Penalty in !mericaZ !n E e-1ort ;an on lethalAinGection rugsis ma*ing 0S0 e-ecutions more iHcult to 1erform0 Fe;ruary 5, 345Mhtt1+22www0theatlantic0com2international2archive2345M2432canAeuro1eAenAtheAeathA1enaltyAinAamerica23/D42722$Jee

9hy i <hio, which has use lethal inGection since it resume e-ecutions in 5, suenly try an un1rovenchemical mi-ture on c%uireZ )he answer lies in a growing shortage of stanarlethalAinGection rugs ;rought a;out 1rimarily ;y a 3455 e-1ort ;an ;y the Euro1ean nion, the

e"ects of which are starting to ;e felt in eathArow cham;ers across !merica0 )he ;an severe 0S0 1risons from the last largeAscalemanufacturers of soium thio1ental, a *ey anesthetic in lethal inGections0 In recent years, some smaller rugma*ers elsewhere in theworl have also ecline to sell soium thio1ental an other lethalAinGection rugs to 0S0 states, citing activist 1ressure, the fear of

lawsuits, an their ethical o;ligations0 T )he E em;argo has slowe own, ;ut not sto11ee-ecutions, Richar .ieter, e-ecutive irector of the .eath Penalty Information Center in 9ashington, .0C, tol me0 TIt has

mae the states seem somewhat es1erate an not in control, 1utting the eath 1enalty in a negative light, with an uncertain

future0 Jethal inGection is ;y far the 1reominant metho of e-ecution in the niteStates0 Before the rug shortage, virtually every lethalAinGection 1rotocol use the same threeArug metho0 ! ?rst rug, soium

thio1ental, anestheti=e the 1risoner0 )hen a secon rug, 1ancuronium ;romie, 1araly=e the inmate an halte his or her;reathing0 Finally, an inGection of 1otassium chlorie sto11e the heart0 $ay Cha1man, an <*lahoma meical e-aminer with li ttle1harmacology e-1erience, ?rst 1ro1ose the threeArug 1rotocol in 5DD0 !s*e a;out his >uali?cations ;y a :ew Vor* )imesre1orter /4 years later, Cha1man escri;e himself as Tan e-1ert in matters after eath ;ut not in getting 1eo1le that way0 )e-as;ecame the ?rst state to use lethal inGection when it e-ecute Charles Broo*s, $r0 on .ecem;er D, 530 Since then, 0S0 states havee-ecute over 5,444 eathArow inmates ;y lethal inGection0 By the time the threeArug coc*tail@s constitutionality came ;efore the0S0 Su1reme Court in 344 in Ba=e v0 Rees, lethal inGection ha ;ecome the 1referre metho of e-ecution for /N states an the

feeral government0 )hirty of those states use Cha1mans metho0 )he 0S0 Su1reme Court u1hel the threeArug 1rotocol in a DA3ecision0 )he Euro1ean nion, for its 1art, ma*es no secret of its eathA1enalty stance0

E guielines call for its +unive%sa aboition, an eclare that oing so woulT[contri;ute' to the enhancement of human ignity an the 1rogressiveevelo1ment of human rights0 E i1lomats an leaers )%eGuent( 1etition 0S0governors an state 1arole ;oars to halt forthcoming e-ecutions0 Sometimes, the

su1ranational organi=ation even wor*s in more su;tle ways+ E agencies contri;ute over M0 million inonations to 0S0 antiAeathA1enalty organi=ations ;etween 344 an 345/0 Kenney wrote that worl

o1inion, Twhile not controlling our outcome, oes 1rovie 000 con?rmation for our own conclusions0 )he Es inuencee-tens to the 0S0 Su1reme Court, where Gustices have rawn u1on the organi=ation@s amicus curiae ;riefs from

time to time in eath 1enalty cases0 $ustice $ohn Paul Stevens maGority o1inion in 3443s !t*ins v0 Wirginia cite the Es ;rief onworlwie o11osition to e-ecuting the mentally isa;le as a factor in the Court@s ecision to for;i the 1ractice in the niteStates0 .uring oral arguments for Ro1er v0 Simmons in 344L, $ustice !nthony Kenney 1onere whether Euro1ean views shoul ;e

consiere when assessing the Tunusual as1ect of the Eighth !menments 1rohi;ition of Tcruel or unusual 1unishment0 )heE ha alreay tol the Court in an amicus ;rief that im1osing the eath 1enalty on1ersons who were minors at the time of the crime Tviolates wiely acce1te humanrights norms an the minimum stanars of human rights set forth ;y the nite :ations0 9riting for the

Courts maGority in Ro1er, Kenney agree with the Es assessment an wrote that worl o1inion, Twhile not controlling ouroutcome, oes 1rovie res1ecte an signi?cant con?rmation for our own conclusions0 :ot all of the Gustices were as a11reciative0T)hough the views of our own citi=ens are essentially irrelevant to the Courts ecision toay, sai $ustice !ntonin Scalia in hisRo1er issent, Tthe views of other countries an the soAcalle international community ta*e center stage0 TI thin* the constantreminer that our closest allies are o11ose on funamental humanArights grouns to the eath 1enalty goes a long way in ourgraual reAevaluation of this issue, .ieter tol me0 !n that moral an ethical case, enforce ;y e-1ort ;ans on the materials

http://www.theatlantic.com/international/archive/2014/02/can-europe-end-the-death-penalty-in-america/283790/)//JLee






necessary to 1erform lethal inGections, is changing how !merica e-ecutes the men an women it sentences to eath0 <f the threerugs use in stanar lethal inGections, 1otassium chlorie an 1ancuronium ;romie are wiely availa;le0 But soium thio1entalhas ;een su1ersee ;y newer anesthetics0 Few 0S0 hos1itals, if any, still use it, an even fewer manufacturers 1rouce itworlwie0 ost im1ortantly, soium thio1ental only has a shelf life of a;out four years, ma*ing stoc*1iling the rug iHcult giventhe lengthy an aruous a11eals 1rocess for eathA1enalty cases0 !s a result of this vulnera;le su11ly line, soium thio1ental has

;ecome a 1ressure 1oint for activists in the 0S0 an Euro1e0 Initially, iniviual Euro1ean countries moveto cut o" su11ly of the rug 0 British oHcials at ?rst refuse to restrict it, arguing that the anesthetic ha legitimate

meical uses, until activists 1rovie ata showing that Euro1es customers for the ruginclue 0S0 1risons0 Business Secretary Wince Ca;le then reverse course an im1ose an e-1ort ;an in :ovem;er

3454, citing B%itainDs longstaning su11ort of the eath 1enaltys worlwie a;olition0

&os1ira, the last 0S0 com1any to mar*et soium thio1ental, sto11e 1rouction of the rug in $anuary 3455 uner intense 1ressure

from authorities in "ta(, where their 1harmaceutical 1lant is locate0 !s sources ;egan to ry u1, some states

;ane together to ?n new su11liers0 South .a*ota an :e;ras*a a11roache Kayem Pharmaceuticals in Inia, whichsol each state soium thio1ental ;efore halting 0S0 sales in !1ril 3455 0 In !r*ansas,

corrections oHcials o;taine soium thio1ental from British istri;utors an then share it for free with ississi11i, <*lahoma, an )ennessee0 But the states soon ran afoul of feeral regulators for violating trae restrictions0 )he .rug Enforcement !gency sei=e%eorgias su11ly of soium thio1ental in 3455 after recors suggeste that state oHcials might have ;ro*en the law ;y 1urchasingan im1orting the rug from .ream Pharma, a British istri;utor o1erating out of the ;ac* of a riving school in Jonon0 Kentuc*yhane over its soium thio1ental to the .E! that same year0 %eorgia 1urchase soium thio1ental from .ream Pharma, a Britishistri;utor o1erating out of the ;ac* of a riving school in Jonon0 By $une 3455, the soium thio1ental su11ly ha run so low that0S0 Secretary of Commerce %ary Joc*e as*e his %erman counter1art, Economics inister Phili11 Rsler, for assistance inalleviating the shortage0 TI note the re>uest an ecline, Rsler 1u;licly eclare, citing his Catholic faith, an then announce1lans to for;i %erman 1harmaceutical com1anies from selling soium thio1ental to the nite States0 !roun the same time, inneigh;oring .enmar*, Jun;ec*, the sole 1harmaceutical com1any license to manufacture 1ento;ar;ital in the nite States,

announce it woul sto1 selling the meicine, another commonly use e-ecution rug, to 0S0 1risons0 Sarah Jufor, a British

mem;er of the Euro1ean Parliament an vice chair of its elegation to the 0S0, hel1e lea the ?ght for a Euro1eAwie e-1ort ;an0 8I am 1rou to have hel1e lea the cam1aign to sto1 EA1roucemeicines ;eing hiGac*e for such a11alling uses, in line with the K an E commitment to a;olish the

eath 1enalty aroun the worl,8 she tol me in a statement0 8I am etermine to continue ensuring thatEuro1e is not com1licit in the eaths of !merican citi=ens08 )hen, in .ecem;er 3455, the hammer

fell0 )he Euro1ean Commission, the E@s e-ecutive ;oy, e-1ane its Regulation on Proucts use for Ca1ital Punishment an )orture to inclue T1roucts which coul ;e use for the e-ecution of human ;eings ;y means of lethal inGection, incluing Tshortan intermeiate acting ;ar;iturate anaesthetic agents li*e 1ento;ar;ital an soium thio1ental, among others0 )he 0S0government@s current 1osition on the e-1ort ;an or on state e"orts to circumvent is unclear0 Feeral agencies an e1artmentscontacte on the matter either i not res1on to re>uests for comment or eferre to the Foo an .rug !ministration, thefeeral agency charge with regulating the manufacture, im1ortation, an sale of 1harmaceutical rugs in the 0S0 Some haveraise concerns a;out the ways in which the F.! regulates im1orts of rugs use in lethal inGections0 ! grou1 of inmates recentlymounte a successful legal challenge to the F.!@s refusal to ;loc* soium thio1ental im1orts to !ri=ona, California, an )ennessee,arguing that the agency ha im1ro1erly allowe rugs from unregistere istri;utors into the nite States0 In his arch 3453ruling, the feeral Guge Richar Jeon agree, an castigate F.! regulators for acting 8ar;itrarily an ca1riciously8 an a;using

their iscretion ;y not ;loc*ing unregulate soium thio1ental im1orts themselves0 9hen as*e for its 1osition on the Ee-1ort ;an an whether the agency ha ta*en ste1s to alleviate shortages of lethalAinGection rugs, an F.! s1o*esman re1lie with a statement+ 8)he F.! oes not a11rove rugs for use in lethal inGection

settings0 <ur wor* on rug shortages focuses on ensuring the continue availa;ility of meically necessary rugs0 9e cannotcomment on this issue further08



>>?t4 soven#(CP soves/on( $a( to get be a &a%t o) te EU is to abois te 6eat

Penat(

9tone 15/ $on is a re1orter for ine1enent0co0u* mainly covering 1olitics0 &e has 1reviously wor*e for

Politics&ome, Bu==Fee, an others0 (T!merica is running out of lethal inGection rugs ;ecause of a Euro1ean

em;argo to en the eath 1enalty arch 5/, 345L htt1+22www0ine1enent0co0u*2news2worl2americas2americaAisArunningAoutAofAlethalAinGectionArugsA;ecauseAofAaAeuro1eanAem;argoAtoAenAtheAeathA1enaltyA5454N//0html722$Jee

Prison authorities in )e-as are one lethal inGection away from running out of

e-ecutioners rugs, the states Gustice e1artment has con?rme0 )he nearAe-haustion of su11lies in )e-as comes

ami a shortage of lethal inGection rugs across the nite States, 1rom1te ;yEuro1ean e"orts to *ee1 the 1oisons out of !merican hans0 In recent years Euro1eancountries have im1ose e-1ort controls on a range of e-ecution rugs in a ;i toforce !merican states to sto1 *illing 1risoners0 )wo of the rugs, 1ento;ar;ital an soium

thio1ental, are use in the vast maGority of e-ecutions in the nite States, where the eath 1enalty is still

common1lace for serious crimes0 )he K unilaterally restricte the e-1ort of eath 1enaltyrugs to the nite States in 3454 uner the irection of the Business Secretary

Wince Ca;le0 !;olishing the eath 1enalty across the worl is a Euro1ean nionforeign 1olicy o;Gective )he Euro1ean nion followe suit at the en of 3455, 1utting

the 1oisons on a list of controlle e-1orts that coul ;e use as 1art of Tca1ital 1unishment, torture or other cruel,

inhuman or egraing treatment or 1unishment0 T )he ecision toay contri;utes to the wier Ee"orts to a;olish the eath 1enalty worlwie, Catherine !shton, the vice 1resient of the

Commission at the time, sai0 9hile the ;an a11ears to have ha an e"ect, a s1o*es1erson )e-ass Gusticee1artment tol the Ine1enent that the state was loo*ing at alternative rugs to use in its e-ecutions0 T)he )e-as.e1artment of Criminal $ustice is actively e-1loring all o1tions at this 1oint incluing the continue use of1ento;ar;ital or an alternate rug or rugs to use in lethal inGections, he e-1laine0 <ther states have ta*en morerastic measures to circumvent the controls0 <n )uesay this wee* tahs state legislature a11rove 1ro1osals tocarry out e-ecutions ;y ?ring s>uare in the event of a rug shortage0 StateAlevel re1resentatives in <*lahoma are

even consiering a 1ro1osal to *ill 1risoners in gas cham;ers if su11lies of anaesthetics run out0 Some stateshave ha to elay e-ecutions ;ecause of shortages0 !uthorities in <hio elaye at least one

*illing after an attem1t to use an alternative rug was ;rane Ta faile, agonising e-1eriment ;ecause of its slow

an istressing e"ect on its target0 /3 S states still 1ractice the eath 1enalty, with the1ractice a;olishe in only 50 Partly owing to its si=e an 1o1ulation , )e-as carries out far

more e-ecutions than any other state0 !;olition of the eath 1enalty is manatory forcountries wanting to Goin the Euro1ean nion, an the Euro1ean Commission escri;es

the 1ractices worlwie a;olition as Ka .e( obe#tive )o% te UnionDs uan %igts

&oi#(K0

http://www.independent.co.uk/news/world/americas/america-is-running-out-of-lethal-injection-drugs-because-of-a-european-embargo-to-end-the-death-penalty-10106933.html)//JLee








**LN CP

8e?t4 8e United 9tates Fede%a ove%nent soud substantia( in#%ease

its iGue-ed natu%a gas e?&o%ts;

CP soves/#%eates U9>EU %eations and &%events Russia Rise

od$(n 1Y.avi J0 is a nonresient senior fellow in the Energy Security an ClimateInitiative at Broo*ings an 1resient of %olwyn %lo;al Strategies, JJC, an internationalenergy avisory consultancy0 &e serve as the 0S0 State .e1artments s1ecial envoy ancoorinator for international energy a"airs from 344 to 3455, re1orting irectly to Secretaryof State &illary (TRefreshing Euro1ean Energy Security Policy+ &ow the 0S0 Can &el1 arch5, 345M htt1+22www0;roo*ings0eu2research2articles2345M24/25Aeuro1eanAenergyAsecurityA1olicyAgolwyn722$Jee

)he 0S0 can hel1 Central an Eastern Euro1e an *raine ;y refreshing its Euro1eanenergy security 1olicy0 )he current crisis valiates !mericas longAterm 1olicy goal of iversifying Euro1es energy

su11ly to iminish Russias a;ility to use energy as a coercive tool against its neigh;ors0 9hile much 1rogress has ;een mae, with

;i1artisan su11ort, Russia still ominates Central an Eastern Euro1ean (CEE7 natural gassu11ly, an recent events call for refocusing our e"orts0 Sti"ening the Es s1ine to create a trulycom1etitive internal energy mar*et, 1romoting the e"orts of the Internationalonetary Fun (IF7 on internal mar*et reform in CEE countries , su11orting inigenous gas

1rouction an ta*ing ste1s to ;uiling a relia;le energy ;rige to Euro1e through 0S0 e-1orts shoul ;e the cornerstones of 0S01olicy0 9hile no 1anacea, res1ecte 0S0 energy e-1erts have ;een too >uic* to ismiss a lin*age ;etween Euro1e (an *raines7

energy insecurity an the utility of e-1eiting 0S0 hyrocar;on e-1orts0 Inee, a clear signal that li>ue?enatural gas (J:%7 e-1orts to Euro1ean allies are Teeme to ;e in the nationalinterest[5' woul inee have an immeiate im1act on Russias mar*et 1ower anhel1 accelerate the ;uil out of gas trans1ortation infrastructure in Euro1e 0 )he 0S0 has

alreay cause Russia to renegotiate current gas contracts an iscount renewe contacts ue to the is1lacement of J:% ows

once meant for our mar*ets0 !n immeiate signal that future 0S0 J:% e-1orts will ;e availa;le to Euro1ewill sen a message to Russia that within a few years , es1ite its current a;ility to 1ressure *raine

an other nations once 1art of the SSR, this will no longer ;e 1ossi;le0 E-1ectations of future su11ly will im1act 1rice e-1ectationsan infrastructure investment ecisions mae toay0 *raines future energy security lies in greater reverse ows of gas from

Euro1e an well manage gas storage in *raine0 )o the e-tent that the ?rm 1romise of 0S0 J:%e-1orts in the 345DA3433 1erio sustain lower J:% 1rices an hel1 ?nance newinterconnections from J:% im1ort terminals on the continent, *raine will ;ene?t inirectly as

well0 Success in Ensuring Euro1ean Energy Security Since 344 0S0 1olicy has 1romote reunantinfrastructure as a cornerstone of energy security 1olicy since the 54s0 Jong gestating

1roGects li*e the Ba*uA);ilisiACeyhan (B)C7 1i1eline an the Southern Corrior were funamental goals0 Enhancing 1i1elineinterconnections to move gas freely across the continent, internal 1ricing an eHciency reform an evelo1ment of clean energy

alternatives were the aitional core elements0 uch 1rogress has ;een mae over two ecaes0 B)C is

o1erational, !=eri gas ows to )ur*ey an there will ;e a Southern %as Corrior (although not as am;itious as the :a;ucco 1roGect7,

which will ;ring gas to )ur*ey, Italy, %reece an !l;ania0 :orway is 1roviing com1etitively 1rice gas to the continent0 )heEuro1ean nions )hir Energy Pac*age[3' has eliminate estination clauses (allowing free sale of gas7 an shoul avance internal

reforms0 E com1etition 1olicy shoul restrict Russias a;ility to mono1oli=e mistreaman ownstream energy infrastructure as well as gas su11ly , incluing ;arring Russia from

com1leting the South Stream 1i1eline intene to allow Russias gas ows to ;y1ass *raine0 )he 0S0 shale gas;oom, as note a;ove, has ha the greatest im1act on the com1etitiveness of theEuro1ean gas mar*et ;y creating a glut of J:% su11ly that has o1ene a s1ot mar*et an riven own longAterm

contract 1rices0

http://www.brookings.edu/research/articles/2014/03/18-european-energy-security-policy-goldwyn)//JLee






>>?t4 9oven#(EU needs te U9 to #obat ene%g( inse#u%it(/Russia is e?&anding and te

on( &a#e te( #an get natu%a gas $itout Russia bo#.ing it

Mi? 15/.ere* E0 i- is an analyst in Euro1ean !"airs for the CongressionalResearch Service (T)he nite States an Euro1e+ Current Issues Fe;ruary /, 345Lhtt1s+22www0fas0org2sg12crs2row2RS335N/01f722$Jee

)ensions ;etween the E an Russia have also refocuse attention on the issue ofEuro1ean energy security0 Euro1e is a maGor im1orter of natural gas , an over the 1ast

ecae energy security has ;ecome a maGor Euro1ean concern in the conte-t of rising glo;al energy eman0 )heE as a whole is e1enent on Russia for a;out oneAthir of its gas im1orts an oneA>uarter of its

total gas an oil su11lies0 )hese 1ercentages are e-1ecte to grow su;stantially over the ne-t 34 years0 For some

iniviual countries, e1enence on Russian gas is alreay much greater0 In recent years,oscow has increasingly sought to use energy su11lies as an instrument of foreign1olicy leverage0 Russia has actively sought ;ilateral energy eals with a num;er of Euro1ean countries an

ac>uire largeAscale ownershi1 of Euro1ean energy infrastructure0 !t the same time, analysts assert that Russia hasnot a11lie 9estern stanars of trans1arency an mar*et reci1rocity regaring ;usiness 1ractices an investment

1olicy0 In aition, the 1ossi;ility of u1stream gas cuto"s, as occurre in is1utes;etween Russia an *raine in 344N an 344, has 1ose a concern for many of the countries e1enent

on Russian natural gas su11lies, es1ecially given tensions ;etween Russia an *raine over the 1ast year0 any0S0 oHcials an em;ers of Congress have regare Euro1ean energy security as

a U;9; inte%est; In 1articular, there has ;een concern in the nite States over theinuence that Russian energy ominance coul have on the a;ility to 1resent a unite transatlantic

1osition when it comes to other issues relate to Russia0 Successive 0S0 !ministrations haveencourage E mem;er states to reuce energy e1enence on Russia throughiversi?cation of su11ly an su11orte Euro1ean ste1s to evelo1 alternativesources an increase energy eHciency0 &owever, Euro1e faces numerous challenges inits attem1ts to iversify its energy su11ly 0 :orth !frica is often viewe as the most li*ely

alternate su11lier of natural gas, ;ut 1olitical an economic insta;ility in the region have thus far

hinere the e-1ansion of its role0 Increase su11ly from Central !sia has ;een largely e1enent

on the construction of new 1i1elines, ;ut among other com1lications, Russia has wor*e to1revent the evelo1ment of alternative 1i1elines outsie its control that woul lin* Euro1e

irectly to Central !sian su11liers0 any Euro1ean countries have also em1hasi=e the evelo1ment of renewa;leenergy, ;ut there are >uestions a;out how much of a contri;ution these sources will ultimately 1rovie0

Euro1ean leaers have sought, with mi-e success, to evelo1 a stronger commonEuro1ean energy strategy that coorinates mem;er states energy 1olicies0 )he E has 1ursueinitiatives to li;erali=e an integrate the internal Euro1ean energy mar*et , incluing ;y

e-1aning the interconnection of gris an 1i1elines0 Recent events in *raine an Crimea have

create a renewe sense of urgency in relation to such e"orts0 Several Euro1ean countries have ;uiltli>ue?e natural gas (J:%7 terminals, e-1ane 1i1eline interconnectivity with neigh;ors, an

evelo1e the a;ility to reverse the ow of gas in 1i1elines in orer to mitigate the conse>uences of a crisis, suchas a cutAo" of Russian gas0 In !1ril 345M, thenAPrime inister )us* of Polan suggeste the formation of an E

Tenergy union in which a single Euro1ean agency woul 1urchase natural gas for all 3mem;ers, rather than the current system of ;ilateral negotiations an contracts0 Such an energy union woul

also inclue Tsoliarity mechanisms for mem;er states to ai one another in cases of su11ly isru1tion0 Before

recent events in *raine, the E ha alreay ao1te legislation see*ing to introucemore com1etition an trans1arency in the energy sector ;y Tun;unling the ownershi1 of gas

1rouction from istri;ution, an re>uiring an ine1enent o1erator of transit an transmission systems0 )his



legislation, com;ine with a Euro1ean Commission investigation against the;usiness 1ractices of %a=1rom, has ;een shar1ly critici=e ;y Russia0 In .ecem;er 345M, Russia

announce the cancellation of the South Stream 1roGect, a 1i1eline that woul have run from Russia uner the Blac*Sea to Bulgaria an then onto other Euro1ean countries, ;y1assing *raine0 Some analysts inter1rete thecancellation as a 1rouct of Russian frustration, ;oth with E ;ureaucratic o;stacles to the 1i1elines constructionan Euro1ean criticism of Russias actions in *raine0 <ther o;servers suggest that these reasons 1rovie a cover

to a;anon a 1roGect that ha ;ecome 1olitically an ?nancially ;urensome for Russia0 !lthough Euro1e isli*ely to remain Russias main gas ;uyer for some years, Russia is also see*ing toiversify its mar*ets ;y concluing 1i1eline construction eals with China an

)ur*ey0

8e EU $ants U9 LN/te U9 as enoug to e?&o%t to te EU and &%event

U.%aine C%isis

6ePiis 1/Jyia is a re1orter for the 9ashington Post (T! lea*e ocument shows Gust how much the E wants a 1iece of !mericas frac*ing ;oom $uly , 345M

htt1+22www0washington1ost0com2;logs2won*;log2w12345M24D242coulAaAtraeAealAliftAtheAuAsAlongstaningA;anAonAcrueAoilAe-1ortsAeuro1eAthin*sAso2722$Jee

)he Euro1ean nion is 1ressing the nite States to lift its longstaning ;an on crue oil e-1orts

through a swee1ing trae an investment eal, accoring to a secret ocument from the negotiations o;taine ;y

)he 9ashington Post0 It@s not entirely sur1rising0 )he E has mae its esire for the right toim1ort 0S0 oil *nown since the 0S0 starte 1roucing large amounts of it in themiA3444s0 It signale again at the outset of trae negotiations, an its intentions have ;ecome even more clear

since0 )his time, though, the E is aing another argument+ Insta;ility on its Eastern an*threatens to cut o" the su11ly of oil an natural gas from Russia0 88e #u%%ent

#%isis in U.%aine con?rms the elicate situation face ;y the E with regar to energy e1enence,8 reas

the ocument, which is ate ay 3D0 )he lea* comes in avance of another roun ofiscussions on the )ransatlantic )rae an Investment Partnershi1, which *ic*e o" last fall an is e-1ecte to

encom1ass M0D trillion in trae ;etween the 0S0 an the Euro1ean nion when it@s?nishe (here@s an e-1lainer on the eal70 )hat won@t ha11en for several years Y if ever Y ;ut *nowlege of the

E00@s 1osition has iname the alreayAhot e;ate over whether to allow the 0S0@ newfoun ;ounty ofcrue oil to ;e e-1orte overseas0 Particularly ir*some to environmentalists is theE@s re>uest that the 0S0 ma*e a 8legally ;ining commitment8 to e-1ort its oil angas, which 0S0 negotiators have so far resiste, accoring to the corres1onence0 ()he 0S0 )rae Re1resentative

ecline to comment on a lea*e ocument, e-ce1t to say that it@s too early to characteri=e its 1osition on any

matter70 89e ?n it 1articularly outrageous that a trae agreement negotiate ;ehinclose oors is ;eing use as a means to secure automatic access to ;oth crue oilan natural gas,8 sai Ilana Solomon, irector of the res1onsi;le trae 1rogram at the Sierra Clu;0 8By lifting

the ;an, you@re creating a whole new mar*et for the oil inustry to e-1ort to, an winfall 1ro?ts for oil com1anies,which means more money to frac* more, to 1rouce more, to ;urn more08 )he issues of natural gas anoil are closely relate, ;ut istinct0 )he 0S0 alreay allows more natural gas to ;ee-1orte, es1ecially to countries with which it alreay has trae agreements0 Crue oil

is the one thing that@s remaine at essentially =ero e-1orts since 5DL, when Congress ;anne its sale to 1reserve

access if something li*e the !ra; oil em;argo were to occur again0 )he 0S0 has ;een e-1orting morere?ne 1etroleum 1roucts in recent years0 (EI!7 :ow, Euro1e feels that it@s in a similar situation0

!lthough fossil fuel use has ;een eclining, it@s still not reay to transition to renewa;le energy sources, anremains heavily e1enent on im1orte oil Y / 1ercent of which comes from the tumultuous ile East an



alreay starte, an will li*ely move even faster if it ;ecomes a11arent that the 0S0 isn@t going too what Euro1e wants0 <verall, the e"ects of lifting or wea*ening the ;an might not;e as large as either 1ro1onents or o11onents say Y es1ecially com1are to measures li*e fuel

eHciency stanars, which have alreay riven own eman on ;oth sies of the !tlantic0



>>?t4 NB4 Russia E?&anding No$Putin is using a:&%o as an agg%essive &oiti#a too to de#%ease

deo#%a#( in te Bati#s

@a.ov 1/Woloymyr is a human rights activist, researcher, an 1olitical analyst,as well as a 1roGect manager at the !merican $ewish *rainian Bureau for &umanRights TCS$ in Jviv, *raine0 &e hols an ! in International !"airs from the%rauate Institute of International an .evelo1ment Stuies in %eneva0(TE-1ansionism+ )he Core of Russia@s Foreign Policy !ugust 53, 345Mhtt1+22www0neweasterneuro1e0eu2articlesAanAcommentary2533Ae-1ansionismAtheAcoreAofArussiaAsAforeignA1olicy722$Jee

Wlaimir Putin@s Russia is be#oing in#%easing( e?&ansionist on the international arena0 8e

anne?ation o) C%iea3 te naing o) U.%aines easte%n %egions as

Novo%ossi(a 'Ne$ Russia using tsarist terminology, %eviva o) 9oviet s(bois an

mythology, te s&onso%si& o) terrorism an se&a%atis in U.%aine, the organisation of fro=en

conicts in olova, %eorgia, !rmenia and !=er;aiGan, coercive creation of the Eurasian nion, agg%essive use o)

a:&%o as a &oiti#a too , an the formulation of a right to 1rotect Russian

s1ea*ers a;roa b it is not a%d to -nd e?a&es o) Russias agg%essive

e?&ansionis0 Russian e-1ansionist foreign 1olicy is clearly mar*e ;y antiA!mericanism0 Russia sees to

be 1articularly inte%ested in issues tat ave a ig &otentia o) b%ea.ing#oaitions bet$een te United 9tates and its Eu%o&ean &a%tne%s0 <ne of them is

Russian facilitation of activities that e-1ose !merican intelligence 1ractices0 Perha1s sym;olically, Russia is reviving the irectgeogra1hical rivalry with the S as might ;e seen from the cancellation of Cu;a@s Soviet era e;t, Putin@s Jatin !merican tour anthe creation of the BRICS evelo1ment ;an*, o11osition to the S on Syria an re1eate attem1ts at intensifying RussianAChinese

relations0 Russia is still a ;ac*war country in the 1olitical, social an economic as1ects0 Russian &oiti#s is %un

ost( b( a net$o%. o) )o%e% #ounists and e?>B oI#e%s0 Russia continues to

well on the glory of the Soviet nion, uncertain as it may ;e, an victory in the Secon 9orl 9ar0 &uman ca1ital is

unerestimate an human life in general is one of the chea1est, most unervalue resources in Russia0 &uman rights o

not e-ist in Russia an Russia@s ;uget an e-1ort consists mainly of oil an gasrevenues0 ost of the ;uget is s1ent on arms ac>uisition 0 )he list of Russian ;ac*warness

continues, ;ut at this 1oint from $at $e ave seen a&&ening in U.%aine due to Russian

a#tions #o&eing( indi#ates tat Russian e?&ansionis is a ve%(dange%ous deveo&ent in te inte%nationa s(ste0 )he owning of alaysian ight &5D

also emonstrates Russia@s e-tremely 1oor Gugment in creating, e>ui11ing an using terrorist grou1s for achieving u;ious foreign

1olicy o;Gectives0 Russian e?&ansionis is di%e#t( o&&osed to te s&%ead o)

deo#%a#(3 es&e#ia( in te )o%e% 9oviet %e&ubi#s and even o%e so in

U.%aine ; Russian #u%%ent eade%si& views *raine as 1art of its own Toriginal territory an

#onside%s U.%ainians as &a%t o) te sae Russian &eo&e0 )his 1osition was 1resente

clearly ;y Putin uring a stateAorganise live )W callAin show in !1ril 345M as well as on many other occasions0 )he Euroaian is

now ;eing vili?e ;y the Russian 1u11et meia as a fascist cou1 ptat0 8e Russian gove%nent is usingeve%( avaiabe o&&o%tunit( to sea% U.%aines g%o$ing #oitent todeo#%a#(0 <ne of the most istur;ing e-am1les of such governmentAs1onsore *raine ;ashing was 1erforme at the

o1enAair show in Crimea on !ugust th, where *raine was theatrically 1ortraye to the auience as a having ;een overrun ;yfascist forces an later gloriously li;erate ;y Russian troo1s0 ntil the aian 1rotest that unite most *rainians in their choice for

a emocratic future, Russian e-1ansionism was not clearly visi;le0 :ow, as U.%aine is a.ing anote%atte&t to eave Mos#o$s auto%ita%ian geo&oiti#a o%bit3 ove%#oe

9oviet>e%a #o%%u&tion and buid deo#%a#(3 Russia is des&e%ate to use



)o%#e in o%de% to &%event a su##ess)u deo#%ati# t%ans)o%ation o)U.%aine0 *raine@s resistance to Russia has le to the greatest conict in the 1ostASoviet area, sur1assing the ?ghting uring

the RussoA%eorgian 9ar of 344 in terms of infrastructure amage an casualties0 )oay Russia@s militarism has reache its highest

level0 Putins te%%ito%ia #ais3 disto%tion o) isto%(3 in#iteent o) inte%>

etni# at%ed3 &%ovo#ative &%eudes to $a%3 invasive iita%( and )o%eign&oi#( do#t%ines3 anti>deo#%ati#3 anti>Eu%o&ean and anti>Ae%i#an

%eto%i# a suggest the following+ Putins di#tato%si& is Eu%o&es g%eatest

t%eat ; U.%aines %esistan#e to RussiaDs un&%ovo.ed agg%ession

deonst%ates tat te disseination and s&%ead o) deo#%ati# vaues

$o%.s ; 6eo#%a#( as su##eeded in Poand and it is no$ #anging

U.%aine0 .emocratic an Euro1ean as1irations are transforming eo%gia and Modova; 8e( $ieventua( $o%. in Russia3 but neve% unde% Putins %egie and on( i)

U.%aine does not )ai as a deo#%a#(0 !fter the economic misery of the 54s, the Russian 1eo1le are

istrustful of emocracy0 )hat is the fear that Putin has e-1loite so far to steal their l i;erties in return for his Te"ectivemanagement0 Putin o"ers a minimum stanar of living an Tsta;ility in e-change for the curtailment of iniviual freeoms0

Anote% nationa )ea% tat te Russian gove%nent is anu)a#tu%ing to

intiidate te so#iet( is tat o) deo#%a#( itse); 8e %ein see.s toso$ tat deo#%a#( is in#o&atibe $it te Russian t%adition o)

gove%nent3 in#a&abe to eet te needs o) te Russian &eo&e3 and –#iting te U.%ainian e?a&e – tat deo#%a#( in a $ea. state #an b%ing

)as#ists to &o$e%; itout a su##ess)u e?a&e o) deo#%a#( in a

#ount%( tat ost Russians #an ost easi( %eate to3 te #o%%u&t Russian

%uing eite $i #ontinue to &%oote ?eno&obi# and anti>deo#%ati# )ea%sin te Russian so#iet(3 enti#ing te &eo&e to a##e&t di#tato%si& as a 1referre

moel0 8e deo#%atisation o) U.%aine is te ost &%agati# 3 %eaisti# and

ao%dabe ong>te% st%ateg( against Russias e?&ansionis an authoritarian

values0 8e est ust doube its su&&o%t )o% te deo#%atisation o) te)o%e% 9oviet #ount%ies that are showing their interest in such values0 !lmost D4 years of Soviet communism an

MM years of Col 9ar i not suenly en in 550 It must ;e clearly unerstoo ;y the western countries, many of whom havelittle or no e-1erience of the Soviet system, that some 1arts of the 1o1ulation in the former Soviet re1u;lics, incluing *raine, stillfeverishly ho1e for the restoration of some sem;lance of the Soviet nion0 )his is the section of 1o1ulation that is ;eing use ;yPutin in eastern *raine in orer to sustain his e-1ansion0 9hile the core of Russia@s foreign 1olicy is e-1ansionism, the essence ofits internal 1olicy is isolation0 )he most recent e-am1le of the isa11earing freeom of e-1ression in Russia is the law ao1te in!1ril 345M that re>uires a registration of ;loggers who have more than /444 su;scri;ers0 !nother law ao1te ;y the Russian1arliament in ay 345M 1rescri;es criminal res1onsi;ility for saying that Crimea is a 1art of *raine0 Clearly, Putin@s regime is intenton ;loc*ing ieas an shutting own criticism not only from outsie ;ut also from its own 1eo1le0 )he internal restriction of 1oliticalan civil rights 1rovies an im1ortant insight0 It illustrates that Russia is not only at war with the 9est, ;ut also at war with itself0!n it also means that the RussianA*rainian 9ar is not sim1ly a war of military muscle, ;ut a war of values0 )he toughest Euro1eanan !merican sanctions are a;solutely Gusti?e an necessary to sto1 Russia from ac>uiring control over *raine, or 1arts of

*raine, incluing the illegal anne-ation of Crimea, which must ;e reverse0 8e o##u&ation o) easte%n&a%ts o) te U.%ainian te%%ito%( is evident( on te %einDs iediate

agenda3 as seen )%o te Russian ea%ie% una##o&ised eo%ts onAugust Ht to send +uanita%ian aid, es#o%ted b( Russian t%oo&s to tea%eas #ont%oed b( te Russia>s&onso%ed terrorists an se&a%atists; 8e

%e&eated atte&t on August 12t to deive% uanita%ian aid )%o Russia,

which is sai to consist of a convoy of 34 truc*s, this time 1resuma;ly cleare of any Russian military su1ervision an the 1rocess

of its istri;ution is aso ig( i.e( to be#oe a sou%#e o) &%ovo#ation $it te&otentia to #%eate a &%ete?t )o% te de&o(ent o) Russian iita%( )o%#es

in U.%aine; ") Russia su##eeds in s$ao$ing U.%aine, or any of its 1arts, b(

i&osing its o$n vision o) o%de%3 it $i subseGuent( enabe Russia to



i&ose its de#ision>a.ing auto%it( ove% ote% &ost>9oviet states3

#ontinuing to #ange te a& o) Eu%o&e3 inaing #oni#t a%eas in other 1arts of

the worl an 1rofessionalising terrorism0



**uantanao Ba( CP8e?t4 8e United 9tates Fede%a ove%nent soud sut do$n

te detention )a#iities in uantanao Ba(;

8e CP soves/#osing ito $oud e& end te )%i#tion

bet$een te U9>EU %eationsA%#i#. 1YKristin is a s1ecialist in Euro1ean !"airs for the CongressionalResearch Service (T0S0AE Coo1eration !gainst )errorism .ecem;er 5, 345Mhtt1s+22www0fas0org2sg12crs2row2RS334/401f722$Jee

0S0 an Euro1ean oHcials ali*e maintain that the im1erative to 1rovie freeoman security at home shoul not come at the cost of sacri?cing core 1rinci1les with res1ect to civil li;erties

an u1holing common stanars on human rights0 :evertheless, the status antreatment of sus1ecte terrorist etainees has often ;een a *ey 1oint of 0S0AEuro1eantension0 Es1ecially uring the former %eorge 90 Bush !ministration, a num;er of 0S0 1olicies

were su;Gect to wies1rea criticism in Euro1e these inclue the 0S0Arun etentionfacility at %uantnamo Bay, Cu;a 0S0 1lans to try enemy com;atants ;efore military commissions

an the use of Tenhance interrogation techni>ues0 )he 0S0 1ractice of Te-traorinary renition (or e-traGuicialtransfer of iniviuals from one country to another, often for the 1ur1ose of interrogation7 an the 1ossi;le1resence of CI! etention facilities in Euro1e also gri11e Euro1ean meia attention an 1rom1te numerous

investigations ;y the Euro1ean Parliament, national legislatures, an Guicial ;oies, among others0 Someiniviuals hel at %uantnamo an2or allegely su;Gect to 0S0 renition have ;eenEuro1ean citi=ens or resients0 any Euro1ean leaers an analysts viewe these0S0 terrorist etainee an interrogation 1olicies as ;eing in ;reach of internationalan Euro1ean law, an as egraing share values regaring human rights an the treatment of 1risoners0

oreover, they feare that such 0S0 1olicies wea*ene 0S0 an Euro1ean e"orts towin the ;attle for uslim Thearts an mins, consiere ;y many to ;e a crucial

element in countering terrorism0 )he Bush !ministration, however, efene its etainee an renition

1olices as im1ortant tools in the ?ght against terrorism, an vehemently enie allegations that such 1oliciesviolate 0S0 human rights commitments0 Bush !ministration oHcials ac*nowlege Euro1ean concerns a;out%uantnamo an sought agreements with foreign governments to acce1t some %uantnamo etainees, ;ut

maintaine that certain 1risoners were too angerous to ;e release0 U;9;>EU )%i#tions ove%te%%o%ist detainee &oi#ies have su;sie to some egree since the start of the <;ama

!ministration0 E an other Euro1ean oHcials welcome Presient <;amasannouncement in $anuary 344 that the nite States intene to close the etention facilityat %uantnamo within a year0 )hey were also 1lease with Presient <;amas e-ecutive orer ;anning torture

an his initiative to review Bush !ministration legal o1inions regaring etention an interrogation methos0 In

arch 344, the 0S0 State .e1artment a11ointe a s1ecial envoy to wor* on closingthe etention facility, tas*e in 1articular with 1ersuaing countries in Euro1e an elsewhere to acce1t

etainees cleare for release ;ut who coul not ;e re1atriate to their country of origin for fear of torture ore-ecution0 Some E mem;ers acce1te small num;ers of release etainees, ;ut others ecline0 !t the same

time, the <;ama !ministration has face signi?cant challenges in its e"orts to close %uantnamo0 Someo;servers conten that 0S0 oHcials have ;een frustrate ;y the reluctance of othercountries, incluing some in Euro1e, to ta*e in more etainees 0 Congressional o11osition to

elements of the !ministrations 1lan for closing %uantnamo, an certain restrictions im1ose ;y

Congress (incluing on the !ministrations a;ility to transfer etainees to other countries ami concerns that some

release etainees were engaging in terrorist activity7, have also 1resente o;stacles0 Conse>uently, the<;ama !ministration has not )u-ed its 1romise to shut own %uantnamo0 In





arch 3455, Presient <;ama signe an e-ecutive orer that in e"ect create a formal system of ine?niteetention for those etainees at %uantnamo not charge or convicte ;ut eeme too angerous to free0 )he!ministration also announce in arch 3455 an en to its twoAyear free=e on new military commission trials for

%uantnamo etainees0D/ Some Euro1ean 1olicy ma*ers continue to worry that as long as%uantnamo remains o1en 3 it e&s se%ve as a %e#%uiting too )o% A Zaeda3 its

aHliates, an other Islamist e-tremist grou1s0 Euro1ean oHcials have also voice concern a;out the 1hysical wellA;eing of those etainees at %uantnamo who ;egan hunger stri*es in early 345/ to 1rotest their ongoing

incarceration0 In ay 345/, the Euro1ean Parliament ao1te a resolution that e-1resseconcern for those on hunger stri*e, an again calle u1on the nite States to closethe etention facility0DM )he <;ama !ministration asserts that it remains committe to closing

%uantnamo0 In late ay 345/, Presient <;ama renewe his 1lege to wor* towar this goal,an announce that 0S0 authorities woul restart the 1rocess of sening home or resettling in thir

countries those etainees alreay cleare for transfer0 In !ugust 345/, the !ministration release two !lgerianetainees (the ?rst such releases in nearly a year7, after certifying to Congress that they no longer 1ose a threat to0S0 national security0 eia sources inicate that nine aitional etainees were transferre to other countriesuring the remainer of 345/, incluing three to Slova*ia0 In .ecem;er 345/, Congress 1asse a measure in theFV345M efense authori=ation ;ill (P0J0 55/ANN7 easing restrictions on the !ministrations a;ility to transfer lowAris*

etainees to other countries0 In signing the ;ill into law, Presient <;ama asserte that itwas a Twelcome ste1 towar ultimately closing the etention facility, ;ut urge

Congress to lift other restrictions that still 1revent the transfer of %uantnamoetainees to 1risons on 0S0 soil for trial in 0S0 courts 0 Some commentators suggest, however,

that Congress may not ;e incline to ta*e further action aime at shuttering %uantnamo ami the controversythat eru1te in late ay 345M following the !ministrations transfer of ?ve )ali;an 1risoners from %uantnamo toatar (without 1rior congressional noti?cation7 in e-change for the release of Sgt0 Bowe Bergahl from ca1tivity in!fghanistan0 <f the almost 44 iniviuals etaine at %uantnamo since early 3443, 1ress re1orts inicate that

5M/ remaine as of the en of :ovem;er 345M0DL Euro1ean concerns also linger a;out the 1astrole of Euro1ean governments in 0S0 terrorist etainee 1olicies an 1ractices 0 In

Se1tem;er 3453, the Euro1ean Parliament 1asse a non;ining resolution (;y LN votes to /M, with DD a;stentions7

calling u1on E mem;er states to investigate whether CI! etention facilities hae-iste on their territories0DN )he resolution urge Jithuania, Polan, an Romania in 1articular to o1en or

resume ine1enent investigations, an calle on several other mem;er states to fully isclose all relevant

information relate to sus1ecte CI! ights on their territory 0 eanwhile, some 0S0 an Euro1ean

oHcials worry that allegations of 0S0 wrongoing an renitionArelate criminal1roceeings against CI! oHcers in some E states (stemming from the Bush era7 continueto cast a long shaow an coul 1ut vital 0S0AEuro1ean intelligence coo1erationagainst terrorism at ris*0DD



Reations/F%an#e



**Counte%>8e%%o%is Coo&e%ation 1NC8e?t4 8e United 9tates Fede%a ove%nent soud

substantia( in#%ease its #ounte%>te%%o%is &%og%as $it te

F%en# Re&ubi#;

8e%%o% #oo& soves %eations8inti 1YPeter is an ine1enent Gournalist who has written for Foreign Policy, the :ew

Vor* )imes, the 9all Street $ournal, an many other 1u;lications0 (T)he S an France !re )eaming 1 to Fight ! S1rawling 9ar on )error in !frica Se1tem;er 5L, 345Mhtt1s+22news0vice0com2article2theAusAanAfranceAareAteamingAu1AtoA?ghtAaAs1rawlingAwarAonAterrorAinAafrica722$Jee

In $uly of this year, France launche <1eration Bar*hane, an am;itious counterterrorism initiative

s1rea across ?ve countries in !frica@s Sahel an Sahara regions 0 )he mission see*s to ;uil

u1on the success of the French military intervention that rove al aeaAlin*e Gihai militants from northern ali in

345/, an comes at a time when the S is e-1aning its own counterterrorism o1erations onthe continent, setting the stage for what some analysts consier a ;urgeoning FrancoA!merican alliance in !frica0 88is is a ne$ #a&te% in F%en#>Ae%i#an

%eations,8 ichael Shur*in, a former CI! analyst who is now a 1olitical scientist at the R!:. Cor1oration, tol

WICE :ews0 88e%e is an un&%e#edented eve o) #oo&e%ation going on;K In an

!ugust 55 memo to S Secretary of State $ohn Kerry an S Secretary of .efense Chuc* &agel, Presient

Barac* <;ama, citing an 8unforeseen emergency,8 authori=e the transfer of u1 to ^10iion 8to assist France in its e"orts to secure ali, :iger, an Cha from terrorists an violent

e-tremism08 )he move hints at a ivision of la;or in which the S foots the ;ill for a cashAstra11eFrench military that is ;oth logistically an 1olitically ;etter 1lace than the S to engage in com;at

o1erations in the Sahel0 !n even more stri*ing e-am1le of SAFrench counterterror coo1eration in!frica may have ta*en 1lace earlier this month, when S airstri*es in Somalia *ille!hme %oane, coAfouner of the al Sha;aa; Islamist grou10 Su;se>uent re1orting ;y French maga=ine Je

Point suggests that the actiona;le intelligence leaing to %oane@s eath came from theF%en#, an inication that the two nations alreay have mechanisms in 1lace for tight coo1eration at a highly

sensitive level0



**9&a#e Coo&e%ation 1NC8e?t4 8e United 9tates Fede%a ove%nent soud in#%ease

its #oo&e%ation $it te F%en# Re&ubi# on 9#ien#e and

8e#noog(;

CP soves/te U9 and F%an#e #oabo%ation soves %eationsite ouse 1Y)he 9hite &ouse is the house where Presient Barac* <;amalives in0 (TF!C) S&EE)+ 0S0AFrance Coo1eration on Science an )echnologyFe;ruary 55, 345M htt1s+22www0whitehouse0gov2theA1ressAoHce2345M2432552factAsheetAusAfranceAcoo1erationAscienceAanAtechnology722$Jee

)he nite States an France have long colla;orate on science an technology, which

enhances the wellA;eing of our citi=ens, 1romotes commercial innovation aneconomic growth, an avances the human conition not Gust for our citi=ens, ;ut for 1eo1le

across the glo;e0 In 344, the nite States an France signe agreements on science an technology, incluing in

the area of homelan security0 Signi?cant wor* has ;een carrie out uner theseagreements, an the nite States remains ?rmly committe to colla;orating withFrance over a wie range of isci1lines b incluing civil s1ace, glo;al health, innovation an research

e-changes, the environment, an 1rotecting our citi=ens0 &allmar*s of our ;ilateral coo1eration inclue+ Civil S1ace

)he nite States an France have a strong 1artnershi1 in civil s1ace activities,incluing human s1ace ight, s1ace science, an Earth o;servation0 In human s1ace

ight, the French S1ace !gency (C:ES7 has ;een inis1ensa;le to Euro1es1artnershi1 on the International S1ace Station, an the %overnment of France was a *ey

1artici1ant in the recent International S1ace E-1loration Forum, where s1acefaring nations renewe their

commitment to coo1erative e-1loration of the solar system0 C:ES has ;een a *ey 1artner with the:ational !eronautics an S1ace !ministration (:!S!7 in ars e-1loration over the1ast 34 years an continuing into the future with the !WE: mission that will arrive at ars later this year0

)he nite States an France are signing an agreement for the ars Insight mission1lanne for launch in 345N an are continuing to negotiate an agreement on solar activity an s1ace weather, ;oth

of which will 1ush the ;ounaries of scienti?c e-1loration0 Earth Science colla;oration with Franceon a series of currently o1erating missions is im1roving life on Earth ;y enhancingour a;ility to o;serve changes in the Earths systems, which 1rovies such ;ene?ts as more

accurate weather forecasting an increase unerstaning of glo;al climate change0 %lo;al &ealth In 345M an

345L, the nite States an France will ;oth host events ;uiling on the % Summiton .ementia, hoste ;y the nite Kingom in 345/0 )he nite States an France1artner on &IW2!I.S research, as well as on neurological as1ects of su;stance a;use0 )he nite States

also continues to wor* Gointly with France on com1utational neuroscience, which is 1art of Presient <;amas Brain

Research through !vancing Innovative :eurotechnologies (BR!I:7 Initiative0 Coo1eration ;etween the0S0 government an French an !merican :%<s inclues wor* to 1reventmeningococcal meningitis in !frica0 :early /44 French researchers were involve in :ational Institutes

of &ealth (:I&7 su11orte grants in FV 345/0 Innovation an Research E-changes )he 0S0 :ationalScience Founation (:SF7 currently su11orts several hunre research 1roGectsinvolving 0S0 an French investigators0 )his inclues 5/ ;ilateral research 1roGects in the areas of

nanomaterials, nanochemistry, an Goint multiAmillion ollar investments on su1ercom1uting researchinfrastructure0 France hosts 5N :SF %rauate Research <11ortunities 9orlwie (%R<97 grauate research

fellows, the largest num;er in %R<9s ?rst year, which e-1ans international researcho11ortunities an furthers colla;orative research ;etween our two countries0 )he 0S0



:ational Institute of Stanars an )echnology (:IS)7 has wor*e with French 1artner institutions onnanometrology, metals s1eciation, ?re research, information technology, o1ticallattices, an muonic hyrogen with visiting researchers from each country wor*ingin the other0 Environment )he 0S0 Environmental Protection !gency (EP!7s <Hce ofResearch an .evelo1ment an a French cosmetics ?rm are investigating new

screening methos that are faster, chea1er, an reuce the use of la;oratory animals an, ifsuccessful, coul ;e use to evaluate thousans of chemicals foun in commonly use 1roucts0 EP!colla;orate with another French ?rm to evaluate nitrogen an o=one air sensor1erformance, which contri;utes to e"orts to avance lowAcost sensor technology for monitoring air >uality0

!itionally, wor* ;etween :IS) an the niversity of Pau has avanceunerstaning of measurement of metal s1ecies, 1articularly in situations associate with

environmental contamination0



Reations/e%an(



**1n#8e?t '"P4 8e United 9tates )ede%a gove%nent soud end

)o%eign su%veian#e o) e%an(;

8e #ounte%&an soves e%an %eations – te(D%e do$n no$

due to te 9no$den %eveationsCoet 7 b writer for Politico

.ere* Chollet, M2N2345L, Politico, TSA%erman relations nee a re;oot,htt1+22www01olitico0eu2article2usAgermanArelationsAre;oot2, D2532345L, B.

)he Snowen revelations were the s1ar* that ignite the current ?restorm0 %ermansremain a1o1lectic over re1orts a;out S intelligence o1erations on %erman soil,es1ecially the monitoring of er*els cell 1hone, as well as the %erman intelligenceservices close coo1eration with the :S! 0 )his lit a large stac* of *inling, with many %ermans

alreay an-ious a;out the ominance of S technology com1anies li*e %oogle, the im1lications of !mericanA

1romote trae eals, an the sense that they are on the shortAen of the S strategic shift to !sia0` %ermans

iscuss these concerns with an a;unance of emotion, com1laining of ;etrayal ana lac* of trust0 Seven years ago, more than 344,444 %ermans swoone at <;amas a11earance in Berlins

)iergarten, ;ut recent 1olls show that <;amas %erman a11roval ratings on foreign1olicy an overall favora;ility are 1lummeting0



>>?t 9oven#(e%an su%veian#e #oa&ses U9>e%an %eations – te

#ounte%&an soves

Faioa 571 A Berlin Bureau Chief for )he 9ashington Post !nthony Faiola,

L252345L, )he 9ashington Post, T%ermans, still outrage ;y :S! s1ying, learn theircountry may have hel1e, htt1s+22www0washington1ost0com2worl2euro1e2nsaAscanalAre*inlesAinAgermanyAwithAanAironicAtwist2345L24M2/424/4ece4AeeDeA55eMA4L4A/e3/M;/4/6story0html, D2532345L, B.

BERJI: Y )he u1roar sha*ing the halls of 1ower here coul a1tly ;e title, T:S! Scanal II+ )he Se>uel0 But inthis latest s1y rama, the nefarious !mericans have a coAcons1irator+ therecalcitrant %erman intelligence service0` <utrage in %ermany over !mericansnoo1ing eru1te in 345/, after ata release ;y whistle;lower Ewar Snowenisclose 0S0 surveillance of frienly Euro1ean targets u1 to an incluingChancellor !ngela er*el0 But fresh revelations suggest that the Bunesnachrichtenienst Y Berlins

foreign intelligence arm, also *nown as the B:. Y may have se1arately aie 0S0 agents with snoo1ing on

hunres of Euro1ean com1anies, regional entities an 1oliticians0 )he targets, accoring to a re1ortin the %erman news1a1er Sqeutsche eitung on )hursay, inclue French anEuro1ean Commission oHcials0 ̀)he new isclosures center on a list of 3,444sus1icious Tselectors Y incluing 1hone num;ers, IP aresses an eAmails Y1rovie ;y the nite States an 1lugge into %erman intelligence ata systemsthat the %ermans later etermine e-ceee the o1erations manate0 )he %erman

government has 1rivately ac*nowlege the e-istence of the list to select lawma*ers ;ut has not clari?e thetargets, accoring to one of the 1arliamentarians ;riefe on the issue ;ut who s1o*e on the conition of anonymity

;ecause the ;rie?ng was classi?e0` !fter the Snowen isclosures, er*el ;erate9ashington ;y saying that s1ying on friens is Ta noAgo0 )he new revelations arenow roc*ing the government to its core0 ! ;evy of %erman lawma*ers is emaning answers to

highly uncomforta;le >uestions, some aime at to1 ?gures in er*els ca;inet0 :e-t wee*, they will summon

intelligence oHcials ;efore two 1arliamentary committees to testify some are even threatening to call er*el0

"tDs #o&a%ative( te a%gest inte%na in. – su%veian#e is

&using e%an( to Russia

9it 1 b writer for :BC :ews !le-aner Smith, 232345M, :BC :ews, T0S0 S1y

Scanal )riggers <utrage, Paranoia in %ermany,htt1+22www0n;cnews0com2storyline2nsaAsnoo1ing2uAsAs1yAscanalAtriggersAoutrageA1aranoiaAgermanyAn5D4/NN, D2532345L, B.

! slew of allegations that 9ashington has ;een s1ying on longtime ally %ermanyhas 1lunge Berlin@s corriors of 1ower into a state of 1aranoia reminiscent of the

Col 9ar era0` Some analysts even suggest

the crisis coul even en with the 8nightmarescenario8 of %ermany ;eing 1ushe away from the 9est an em;racing Russia0 ̀)herelationshi1 has ;een roc*y since :S! ?les lea*e ;y Ewar Snowen last yearallege that 0S0 intelligence oHcials ;ugge the cell1hone of %ermanys leaer,Chancellor !ngela er*el0 Bitter memories of the :a=i %esta1o an East %ermany@sStasi mean s1ying isn@t as acce1te ;y the 1u;lic as in the 0S0 ` )he crisis e-1loe last

month when two %erman government sta"ers were accuse of s1ying for the 0S0 )his le to the to1 CI!oHcial statione in %ermany ;eing as*e to leave the country b an un&%e#edented



move ;etween frienly nations0` It has left sections of the %erman 1arliament, the Bunestag, ta*ing

counterAmeasures to ma*e sure sensitive iscussions remain 1rivate0 )he 1arliamentary committee setu1 to investigate :S!Aty1e surveillance has resorte to using soun1roof rooms,1laying lou classical music uring ;rie?ngs, an even consiering itching email infavor of ty1ewriters in a ;i to 1rotect against further ;reaches , its chair Patric* Sens;urg

tol :BC :ews0` er*els 1u;lic statements on the to1ic have ;een terse an she is saito ;e )u%ious a;out the ;reach of trust0` 89e have >uestions to the 0S0 government an these

>uestions are not answere yet, an may;e thats why the chief of intelligence ha to leave the countryZ8 sai

Sens;urg, a lawma*er in er*el@s Christian .emocratic nion 1arty0 8 )o ;ring ;ac* trust I thin* the 0S0government nees to start 1roviing ans$e%s 08 ` !ccoring to the %erman news1a1er

Sueeutsche eitung, %ermany@s own s1ies have even shifte some of their focus from ol antagonists li*e China

an Iran to watching the clanestine activities of !merican o1eratives on their own soil0` 8 )he situation has;ecome e-tremely ;a an it is seriously regretta;le it has gotten to this stage ,8 sai

Professor !nthony %lees, irector of the Centre for Security an Intelligence Stuies at Englan@s niversity ofBuc*ingham0 89ith the ile East in turmoil it is not a goo time for a country that is emocratic an 9estern to

;e at loggerheas with the 0S0 Its not yet at the nightmare scenario A one in which%ermany gets closer to Russia A ;ut its eading to$a%d tat08



Reations/Russia



**1n#8e?t4 8e United 9tates )ede%a gove%nent soud %e&ea its

san#tions on te Russian Fede%ation;

Re&eaing san#tions soves U9>Russia %eations – #u%%ent

san#tions )ai – EU odesang <72 b School of %overnment, BeiGing :ormal niversity, China 9an 9ang,

/23N2345L, $ournal of Politics an Jaw, TIm1act of 9estern Sanctions on Russia inthe *raine Crisis,htt1+22www0ccsenet0org2Gournal2ine-01h12G1l2article2viewFile2MLLND23L3D,D2532345L, B.

Russia will not change its targets relate to its core interests0 Russia cannot lose inuence in *raine, at least not`

in letting *raine ;e a oneAsie ally to the west0 )herefore, on the Crimea an *raine issues,Russia will not ` give u1 its 1osition, which is ;oun to 1rom1t the S an Euro1e tocontinue to im1ose sanctions against Russia ` an to intensify the antagonis

;etween Russia an the 9est0 !s state ;y Presient Barac* <;ama at the` >uarterly BusinessRounta;le meeting on .ecem;er /, 345M, TBut if you as* me if Im o1timistic that Putin` suenly changes hisminset, I ont thin* that will ha11en until the 1olitics insie Russian catch u1 with` whats ha11ening in theeconomy, which is why we are going to continue to maintain that 1ressure0 T)he` challenge is [that' this is wor*ingfor him 1olitically insie of Russia, even though it is isolating Russia` com1letely internationally (E-1ert <nline,

345M, .ecem;er /70 )hus, 9estern sanctions against Russia will not` en any time soon,which will continue to unermine U9>Russian %eations , which were uncertaineven ;efore ` the *raine crisis0 Currently, the E stans in a unite front with the S to im1ose sanctions

against Russia0` &owever, as the negative conse>uences of Russias retaliatory measuresagainst the E ;ecome increasingly` serious, the outcries to en the sanctionswithin the E will get louer, an the E may lose interest in the ` sanctions againstRussia along with the S0 ltimately, on the *raine an Crimea issues, certain com1romises` ;etween

Russia an the SAEuro1e must ;e reache nevertheless, the Ss containment of Russia will not en` soon0



>>?t 9oven#(Russian san#tions a%e te a%gest inte%na in. to %eations

"b%agiova 17 b writer for Russia irect, citing the irector of the Russian

International !"airs Council %aliya I;ragimova, 52D2345L, Russia .irect, T9hat@s

ne-t for SARussia relations in 345LZ, htt1+22www0russiaAirect0org2e;ates2whatsAne-tAusArussiaArelationsA345L, D2532345L, B.

!s the year raws to a close, it is customary for Russia .irect to 1oll e-1erts a;outthe 1ros1ects for 0S0ARussian relations in the coming year0 In 345M, the militaryconfrontation in the southeast of *raine an Crimeas incor1oration into Russia1rom1te the 9est to im1ose sanctions against Russia an shar1ly aggravate 0S0ARussian relations0 )here was even tal* of a new Col 9ar0 ` :ot sur1risingly, when itcomes to relations ;etween the two countries in 345L, e-1ert forecasts are notoverly o1timistic0 &owever, all recogni=e the im1ortance of maintaining at least a minimum level of ialogue

;etween oscow an 9ashington0` !nrei Kortunov, general irector of the RussianInternational !"airs Council (RI!C7` I see no grouns to ;e o1timistic a;out 0S0A

Russian relations in 345L0 )he ain &%obe will ;e the im1act of anti>Russiansan#tions on relations ;etween oscow an 9ashington0 It is not a >uestion of whether

relations ;etween the Kremlin an the 9hite &ouse will ;e neutral or ;a, ;ut of how ;a0` )he main thing is toavert a worsening of the crisis an to try to maintain a ialogue0 Issues such as com;ating terrorism, 1reventing the1roliferation of wea1ons of mass estruction, Irans nuclear 1rogram an Syria coul 1rovie a way to e-teno11ortunities for ialogue0` Environmental issues an climate change coul also ;e 1oints of tentative contact

;etween Russia an the 9est ne-t year0 But uner 0S0 Presient Barac* <;amas 1resentaministration, no one shoul e-1ect 0S0ARussian relations to sta;ili=e0

Even Putin adits te #ounte%&an is te best $a( to sove

Russian %eations

Anis#u. 1 b writer for Reuters, citing Putin !le-ei !nishchu*, D25M2345M,

Reuters, T0S0 sanctions will ta*e Russia relations to a ea en+ Putin,htt1+22www0reuters0com2article2345M24D25D2usAu*raineAcrisisAusaA1utinAiSKB:4FJ3W!345M4D5D, D2532345L, B.

Russian Presient Wlaimir Putin warne on 9enesay that 0S0 sanctions will ta.e

%eations $it Russia to a Kdead endK an amage 0S0 ;usiness interests in hiscountry0` 8Sanctions have a ;oomerang e"ect an without any ou;t they will 1ush0S0ARussian relations into a ea en, an cause ve%( se%ious daage,8 he sai to

re1orters on a visit to Bra=il0` )he 0S0 government on 9enesay, ;ecause of what it viewsas Russia@s interference in *raine, im1ose its most wieAranging sanctions yet, on*ey 1layers in the country@s economy, incluing %a=1rom;an* an Rosneft <il Co, an other maGor

;an*s an energy an efense com1anies0` Putin sai he neee to see the etails of the sanctions tounerstan their full sco1e0 But he ae that he was sure the sanctions woul amage thenationa inte%ests of the nite States in the long run0` 8 )his means that 0S0com1anies willing to wor* in Russia will lose their com1etitiveness ne-t to otherglo;al energy com1anies,8 he sai0` Putin sai the sanctions will hurt E--on o;il Cor1 which has ;een

given the o11ortunity to o1erate in Russia0` 8So, o they not want it to wor* thereZ )hey are causing amage totheir maGor energy com1anies,8 he sai0` )he new sanctions also target senior Russian oHcials, incluing thee1uty hea of the State .uma, or 1arliament, the minister of the Crimea, a commaner of the Russian intelligenceagency FSB, an a *rainian se1aratist leaer, several of whom ha alreay ;een targete ;y the Euro1ean nion0



Russian san#tions on( eboden Putin – te #ounte%&an

soves

Ca%a& 15 A Senior Fellow for Russia an Eurasia at the International Institute for

Strategic Stuies ;ase in the IISSbS in 9ashington, .C Samuel Chara1, arch345L, Carnegie Cor1oration of :ew Vor*, T9hy Sanctions on Russia 9ill Bac*?re,

htt1+221ers1ectives0carnegie0org2usArussia2sanctionsArussiaAwillA;ac*?re2,D2532345L, B.

Fourth, ;y im1osing sanctions on Russia when it was alreay falling into a ownwareconomic s1iral, 9ashington has given r0 Putin a 1owerful 1olitical instrument toeect ;lame for the conse>uences of his own ;aleful ecisions in *raine 0 )he

Kremlins moel of Tstate ca1italism was alreay struggling an its 1erformance woul have ;een 1oor without the

geo1olitical u1heaval that r0 Putin has create0 !merican sanctions arrive with 1erfect timing,1roviing him an aibi that he has s*illfully use to confuse the Russian 1eo1lea;out the cause of their economic woes0` Fifth, even if sanctions are carefully crafte to 1unish

s1eci?c actors, orinary Russians 1erceive the 9ests sanctions to ;e irecte againstthem an it is they who are ;eing force to ;ear the real costs of soaring ination,the ru;les colla1se an slowing growth0 Russians sense that they are uner attac*has generate an unerstana;le T%a(ing a%ound te ag 1henomenon0 r0Putins a>tie>ig a11roval ratings are one result the other is the nearAcom1lete

marginali=ation of issenting voices0 Saly, Sunays march to memoriali=e the slain o11osition leaer, Boris:emtsov, will not change this0` If Russia faces greater economic tur;ulence in the coming months an years,

!merica coul face far more intracta;le 1ro;lems than those that e-ist toay0 Russia is li*ely to ;ecomemore ;elligerent if e-ternally inicte economic ;lows ee1en the countrys crisis0oreover, a ee1er ownturn in Russia woul worsen the economic woes of theEuro1ean nion, with 1otential *noc*Aon e"ects glo;ally0



Russian E#on ModRussian san#tions a%e #oa&sing RussiaDs e#ono( – te

#ounte%&an is .e(

ang <72 b School of %overnment, BeiGing :ormal niversity, China 9an 9ang,


M0505 )he Sanctions against Russia &ave Cause a 9igni-#ant "&a#t on RussiasEconomy` ner the sanctions, from early 345M to the 1resent, the ru;leAollare-change rate has fallen ;y nearly L4 O on` .ecem;er 5N, the rate 1lummete 34O in Gust one ay0 Russias omestic ination rate has ;een as high as` 550M O0 .evaluation of the ru;le

against the ollar has ;een largely cause ;y falling oil 1rices0 Russia@s oil an` gasArelate revenue accounts for

a11ro-imately L4 O of revenues0 )he S an Euro1ean countries s1eci?cally` targeteRussias heavy revenue e1enence on oil an gas e-1orts an focuse their

sanctions on the oil ` inustry0 )he international 1rice of oil 1rice has ro11e from to 55L2;arrel in 345M

to the current 1rice of` a11ro-imately L42;arrel oil 1rices 1lunge 1reci1itously this 1ast.ecem;er, seve%e( i&a#ting Russias ` heavy reliance on oil e-1orts0 Russia@s foreign

e-change reserves have ecrease to M5N ;illion0 In 345M,` Russia@s ca1ital outow reache nearly 5/4 ;illionthe Ban* of Russia 1reicte that the ca1ital outow in` 345L woul ;e a11ro-imately 534 ;illion (E-1ert <nlin,

345M .ecem;er 5570 Because the sanctions against ` Russias energy, ?nance an efencesectors have cause tremenous ca1ital outows an 1lummeting foreign`

e-change reserves, the Russian economy has ;een g%ave( ae#ted in <cto;er 345M,

the international creit` rating agency ooy lowere Russia@s sovereign creit rating from Baa5 to Baa30 Since

3455, Russia@s annual` gross omestic 1rouct (%.P7 growth rate has shown a ownturn0 ner the im1actof the sanctions, Russias ` %.P growth in 345M was not very o1timistic at all, ;eingmerely 403 O accoring to the estimate ;y the ` International onetary Fun (IF7, 40L

O accoring to the <rganisation for Economic CoAo1eration an` .evelo1ment (<EC.7 an 4 accoring to theEuro1ean Ban* for Reconstruction an .evelo1ment (EBR.70` Russian e-1erts have estimate the losses cause ;y

the sanctions at a11ro-imately MAL ;illion 1er year` (Ino=emtsev, 345M, .ecem;er 570 Economic oHcials;elieve that the longAterm severe sanctions may sha*e the` ?nancial system anlimit scienti?c an technological moerni=ation ue to the restrictions in technology`

introuction, investment an a11lication (Vurgens, 345M, <cto;er 70



at4 9an#tions 9ove Russian Agg%essionNo %is. o) oense – san#tions ave no ee#t on RussiaDs

&oi#ies

ang <72 b School of %overnment, BeiGing :ormal niversity, China 9an 9ang,


M050/ )he Sanctions &ave :ot Je Russia to Change Its Position on the Issues of*raine an Crimea ` Wlaislav Ino=emtsev, the irector of the Russian thin*Atan* the PostAInustrial

Research Center, ;elieves that` the sanctions have not change the status >uo+ Crimea isstill uner Russian control, while Russias actions in ` eastern *raine are mostly inres1onse to internal factors in *raine rather than as a reaction to the ;ehavior of`

the 9est (Ino=emtsev, 345M, :ovem;er 5L70 ! senior aministration oHcial in the 9hite &ouse amitte that,`

es1ite economic inicators showing that the sanctions have cri11le the Russianeconomy, they have not ` change the situation in *raine an Crimea to ate 0 !t a

meeting with highAran*ing military leaers on` .ecem;er 5, Putin vo$ed that Russia woul nevera;anon the 1atriots who su11orte the Crimean 1eninsula ` (Bo-un, 345M, .ecem;er 3570`

Some 1eo1le have thought that Russia res1ecte the election results in *raine ;y not res1oning to the re>uest`of .onets* in eastern *raine for the reuni?cation of <;last to the Russian Feeration that was 1ro1ose after` thereferenum, inicating that the S an Euro1ean sanctions have 1laye a certain eterrent role in Russias`attitues an ;ehaviors towars *raine ($ian $isong Q9ang &ong-in, 345M70 It is unou;ta;le that sanctions` have

ha an im1act to a certain e-tent0 &owever, it shoul ;e note that Russia might never intento allow the ` 1roARussian cities in eastern *raine to u1licate the Crimeananne-ation an eventually Goin the Russian` Feeration0 9hat Russia wante 1ro;a;ly was to

maintain its inuential 1ower in the eastern region of *raine0` )he international sanctions le ;y the S an

Euro1e have hinere the evelo1ment of the Russian economy0` &owever, Russia still maintains

1olitical sta;ility omestically, an Putin@s su11ort rate has ;een at allAtime high`

levels thus, Russia still aheres to its original 1ositions on the Crimea an *raineissues0



9tate Budgets



**1n#8e United 9tates )ede%a gove%nent soud &ass te

Ma%.et&a#e Fai%ness A#t;

8e CP soves state budget so%t)as3 gene%ates e#onoi#

g%o$t3 and saves te e#ono(La$son 201 (Sherry [general manager of 9estla*e Center' %uest+ )a- online

an inAstore sales e>ually with ar*et1lace Fairness !ct $un Nseattletimes0com2html2o1inion2343/DDD/56sherrylawsono1eonlinesalesta----ml0html *f7

Congress nees to 1ass the ar*et1lace Fairness !ct so there is real an faircom1etition reecting 35st century commerce0 !merica was ;uilt on 1romotingeconomic growth an ;usiness in a fashion that ensures fair com1etition for all0 )oay, onlineAonly retailers are not re>uire to charge an collect sales ta- while local;usinesses must0 &owever, the sales ta- (in all ;ut ?ve states7 is still owe0 )he collection of these ta-es is

iHcult to enforce unless online sellers have either a 1hysical store or a warehouse within the state0 9hen sales ta-is not collecte at the time of 1urchase, the ;uren falls on the consumer to re1ort an 1ay0 Com1liance is virtually

none-istent0 Base on a recent <hio State niversity stuy, states are estimate to

ose ^2< biion a (ea% )%o un#oe#ted saes ta?es on onine goods0 )he

current salesAta- coe is confusing for consumers an com1anies0 For e-am1le, !ma=on0com is now legally re>uire

to collect sales tain 35 states, incluing the four most 1o1ulous+ California, :ew Vor*, Floria an )e-as0 )hear*et1lace Fairness !ct is not an aitive ta-0 Its a;out ensuring all com1anies, regarless of

the ty1e of ;usiness, 1ay the same ta-es0 )he ta- is1arity 1uts local ;usinesses at asigni?cant economic isavantage and sties te ove%a e#ono(0 !ccoring to a

$uly 345/ stuy conucte ;y !rthur B0 Ja"er an .onna !ruin, feeral legislation that woul allow states to closethe online salesAta- loo1holes woul result in a more eHcient ta- system, a larger ta- ;ase an lower ta- rates forall ta-1ayers0 )his woul increase states 1ros1erity an em1loyment, increasing gross omestic 1rouct ;y more

than LN/ ;illion an aing more than 50L million Go;s in the ne-t 54 years0 It is time for Congress to

grant states the a;ility to correct the unfair a11lication of salesAta- laws 0 &ow woul the

ar*et1lace Fairness !ct im1act our communityZ 9estla*e Center is one of the to1 sho11ing an tourist attractionsin Seattle0 )he center contri;utes more than D05 million annually in 1ro1erty an sales ta-es that 1ay for 1u;licservices such as law enforcement, ?re e1artment, eucation an other services0 Passage of the ar*et1laceFairness !ct woul allow 9estla*e Center an other ;ric*AanAmortar retailers to com1ete fairly with onlineretailers0 Bric*AanAmortar retailers are the economic engine that rives the local economy0 )he ar*et1laceFairness !ct 1asse the 0S0 Senate in early ay 345/ an is currently uner consieration in the &ouse0 0S0 Sens0Patty urray, .A9ash0, an aria Cantwell, .A9ash0, ;oth su11orte the ;ill in the Senate0 Passing the act is sim1lya;out enforcement of current ta- law0 9hether you sho1 at a store or online, ta-ation shoul ;e fair0



Fede%a A#tion e(Fede%a a#tion is .e( to g%o$t and obs/ensu%es e>)ai%ness

La`e% and A%duin 201< (!rthur B [;est *nown for the Jaer curveAA CoA

Chairman of the FreeAEnter1rise Fun' an .onna [;alance ;ugets in a ;unch of

states' ProAgrowth ta- reform an eAfairness $ulstanwithmainstreet0com2!rtJa"erStuy01f *f7

Feeral legislation can also em1ower states to im1lement 1roAgrowth ta- reform0

States that rely on a low rate, ;roaA;ase consum1tion ta- have ;een struggling with the1ro;lem of a eclining sales ta- ;ase for many years 0 For states li*e )e-as, Floria an

)ennessee that have eschewe an income ta-, this eclining ;ase is 1articularly trou;ling0 )here are several rivers;ehin this tren incluing ine>uities in the a11lication of state sales ta-es (eAfairness7 certain states o"erings1ecial e-em1tions to certain goos an the ;ias towar ta-ing goos an not services, es1ite the service

sectors growing share of the national economy0 EAfairness legislation aresses the ine>uita;letreatment of i"erent ty1es of retailers ;ase on whether the retailer is a07 locate in the state

(either a traitional ;ric* an mortar store or an Internet2 remote retailer with a 1hysical 1resence in the state7 or;07 an Internet retailer2remote seller that is solely locate in another state0 InAstate retailers collect the sales ta-

that is owe at the time of 1urchase0 <utAofstate retailers without inAstate ne-us are not o;lige to collect the salesta-0 9hen inAstate resients 1urchase from outAofAstate retailers, they are legallyre>uire to re1ort these 1urchases an 1ay the sales ta-es oweYty1ically referre to as a

use ta-0 !s you can imagine, few 1eo1le o0 !n Gust so you ont go away sur1rise, there are some inAstate

retailers who also evae their collection o;ligations an some outAofAstate retailers that o collect ta-es0 Vou mayrecall the story of former )yco International Chairman .ennis Ko=lows*i, who, among other things, evae 3million in state an local sales ta-es owe to :ew Vor* ;y having over 54 million of 1aintings shi11e to :ew

&am1shire instea of to his home in anhattan0/ )his narrowing of the sales ta- ;ase has le toseveral ineHciencies that, on ;alance, iminish 1otential Go; growth an growth in gross

state 1rouct (%SP70 )his Internet e-em1tion creates a ta-A;ase 1rice avantage that encourages consumers to

ma*e 1urchases from outAofAstate retailers0 9orse, the ta- istortion incentivi=es consumers to use inAstate retailersas a showroom to evaluate 1urchases 1rior to ultimately ;uying the 1rouct from outAofAstate Internet retailers0Such a 1ractice reuces the nee an costs for Internet sellers to 1ut forth the e"ort to is1lay 1roucts0 )hus,

states are incentivi=ing resients to ;uren inAstate ;usinesses with retailing costs, ;ut ultimately 1urchase theirgoos from outAofAstate ;usinesses0 Such incentives increase overall inAstate retail costs an reuce overall inAstate

sales0 Its a lose2lose situation for inAstate retailers0 )he 1ractice of treating inAstate an Internetretailers i"erently has also accelerate the ecline in states sales ta- ;ases ,

1articularly in light of the e-1losive growth of InternetA;ase sales0 !s o11ose to e"ectivelycontrolling government s1ening, however, the narrowing of the state sales ta- ;ase

(as a result of Internet sales estimate to ;e in the hunres of ;illions of ollars3 as ed to ige% ta?

%ates in some instances0 !s with any 1roAgrowth ta- reform, the e"ective sales ta- ;ase shoul ;e ;roaene ;y

treating outAofAstate retailers on the same level 1laying ?el as inAstate retailers, an the marginal ta- rate shoul;e reuce such that the total static revenues for the government are hel constant or reuce0 If one 1ro1erly,e-1aning the state sales ta- ;ase ;y incluing Internet sales coul reinvigorate economic growth0 !ressing theeAfairness 1ro;lem from a 1roAgrowth 1ers1ective creates several ;ene?ts for the economy0 !n ine>uity isaresseYall retailers woul ;e treate e>ually uner state law0M It also 1rovies states with the o11ortunity to

ma*e their ta- systems more eHcient an to increase com1etition amongst all retailers0 ay the ;est ;usiness 1lanwin, without government 1ic*ing winners an losers0 !s a conse>uence of more state ;y state eHciencies, theoverall economic growth incentives of the 0S0 economy will ;e im1rove0



9oves E#ono(Leading e#onoists -nd tat te #& eads to e#onoi# g%o$t

and obs


Chairman of the FreeAEnter1rise Fun' an .onna [;alance ;ugets in a ;unch ofstates' ProAgrowth ta- reform an eAfairness $ulstanwithmainstreet0com2!rtJa"erStuy01f *f7

Summary an Conclusion )he 1rinci1les ;ehin aressing the online sales ta- loo1holean enacting 1olicies that will Gum1start economic growth are straightforwar+ 9hile onlinean other remote sales are su;Gect to state an local sales an use ta-es, they are often inaccurately

1erceive as Tta- free ;ecause the ta-es legally owe on these 1urchases go largely uncollecte ;y

remote sellers ue to a Su1reme Court ruling that 1reAates the Internet0 Sales ta-es an other ;roaA;ase ta-regimes with fewer loo1holes an lower rates are the least amaging ta-es to state economies an state

em1loyment0 )he ML states with sales ta-es coul use the aitional revenues fromthe collection of ta-es on remote sales alreay in the sales ta- ;ase to lower other

ta- rates an reuce far more ;urensome ta-es0 )his more eHcient system an lower ta-eswoul, in turn+ Increase state 1ros1erity an em1loyment on a ollarAforAollar ;asis resultingin the following increases in gross state 1rouct (%SP7 an state em1loyment over a ecae

;ase u1on Internet sales as a 1ercent of 1roGecte state retail sales in 34330



9oves state budgets8e #ounte%&an gene%ates u&$a%ds o) ^5 biion in state

saes ta?es


Chairman of the FreeAEnter1rise Fun' an .onna [;alance ;ugets in a ;unch ofstates' ProAgrowth ta- reform an eAfairness $ulstanwithmainstreet0com2!rtJa"erStuy01f *f7

)he state sales ta- ;uren, i0e0 sales ta- revenues as a share of %.P (see Figure /7, has ;een concentrate on aeclining sales ta- ;aseYretail sales as a 1ercentage of %.P (see Figure /70 Current 1urchasing trens (e0g0 thegrowing mar*et share of Internet sales versus ;ric* an mortar retail sales7 will for sure continue if Internet salesremain e"ectively ta- e-em1t0 Figure M shows the growth in eAcommerces share of the retail trae as estimate ;y

the 0S0 Census0 <ver the 1ast 5/ years, while the sales ta- ;ase has ;een shrin*ing, eAcommerce has ;een steaily growing0 But clearly, factors other than eAcommerce sales are at wor* as

well0 EAcommerce sales account for only a 1ortion of the loss of ta-a;le retail sales0 Jinearly 1roGecting out the

current growth 1ath of eAcommerce, ;y 3433, 0NO of all retail trae sales will ;e conuctevia eAcommerce, which is almost N4O larger than total sales a ecae 1rior0 Bruce et al0

have 1rouce a series of 1a1ers that estimate state an local sales ta- losses arising from eAcommerce for the.istrict of Colum;ia an ML states (remem;er there are ?ve states without general state sales ta-+ !las*aYwhichoes have local sales ta-esY<regon, .elaware, :ew &am1shire an ontana70ii Bruce et al0 use ;oth a ;aseline

forecast an an o1timistic forecast for eAcommerce growth0 In the ;aseline case, they estimate that annualnational, state, an local sales ta- losses on eAcommerce woul grow to 550M;illion ;y 3453 for a si-Ayear cumulative loss of L3 ;illion0 iii !ccoring to Forrester Research,

0S0 online retail sales grew 530NO in 3454, reaching 5DN03 ;illion0 9ith ane-1ecte 0NO com1oun annual growth rate from 3454 to 3433, 0S0 eAcommerce is e-1ecte to

reach L/4 ;illion in 34330iv Secon, our analysis of trens in online retailing con?rms the Bruce et al0 an ForresterResearch assessments, al;eit at a lower 3453 estimate than the Bruce 3453 estimate0 Retail sales over the Internetre1resent a growing erosion of states sales ta- ;ase 1roGecte out through 3433 (see Figure M70 )he ;asis for ourestimate is the 0S0 Census EAStats, which the 0S0 Census uses to measure the electronic economy0v !ccoring tothe 0S0 Census, ;ac* in 5, Internet retail sales hel a trivial share of total retail sales in the 0S0 (aroun 403O70

&owever, as Figure M illustrate, this share has ;een growing ra1ily0 Furthermore, the growth in mar*et share overtime has thus far very closely followe a linear growth 1attern of aroun 40/L 1ercentage 1oints 1er year0vi 9hile aconstant 1ercentage linear growth cant last forever, it sure ?ts well over the recent 1ast0 Some estimates are1reicting faster growth0 )he aforementione Forrester Research estimates 1reict a faster 0NO com1oun annualgrowth rate, yet this is still not as fast as the growth in online sales may actually turn out to ;e0 )here is alsoanother estimate that we feel is ;oth im1ortant an realistic0 Since 3444, the 0S0 has gone through a 1erio ofeciely ;a economicsYta- increases, outAofAcontrol government s1ening, regulatory overreach, amagetrae relations an willy e-1ansive money creation0 )he conse>uence of these 1olicy a;errations has ;een theecae 1lusAlong uner1erformance of the 0S0 economy0 9ith the 1olitical changes reecte in the states ancritical elections in 345M an, of course, in 345N as well, there is a signi?cant 1ossi;ility that the 0S0 will return tosoun economic 1olicies, an, as a result, economic growth will return to its 1reA3444 rate0 9e will use a growthrate of /0LO, which reects the growth ;etween 5N4 an 5 (see Figure 57 as an alternative 1roGection of retail

sales over the coming years0 )otal state ta-a;le sales are estimate to ;e M0/ trillion in3453, ;ase on >uarterly ata from the 0S0 Census0vii <f these total sales, L03O (see Figure M7, or

33M0M ;illion were categori=e as eAcommerce0 In orer to etermine the lost state sales ta- revenues

through 3433 ue to Internet ta-a;le sales not ;eing ta-e, we nee to estimate the total Internet retail salesthrough 34330 9e estimate the total 0S0 Internet sales ta- ;ase ;etween 345/ an 3433 using three i"erentmethos that are summari=e in Figure L+ )he average growth rate in total ta-a;le retail sales (M0/ trillion7;etween 3445 an 3454 (303O 1er year7 cou1le with the growth in the retail Internet mar*et share of 40/L1ercentage 1oints 1er year (3433 num;er is 0NO7 yiels ta-a;le Internet retail sales in 3433 of MN4 ;illion, Forrester Research estimate 0NO average growth in Internet sales a11lie to estimate Internet retail salesthrough 3433, yieling aitional ta-a;le retail sales in 3433 of LN4 ;illion, an !n aitional estimate ;ase ona return to 1ros1erity ;eing achieve in the 0S0 economy over the 1erio 345/ to 3433 (/0LO growth7 yielingL34 ;illion in aitional retail sales in 34330 Base on current mar*et trens an forecasts, we estimate that totalInternet retail sales will grow from 33M0M ;illion to a range of MN4 ;illion to LN4 ;illion ;y 34330 9hile these sales



are 1otentially su;Gect to the state sales ta-, the >uestions are (a7 how many of these sales are intene to ;e 1artof the sales ta- ;ase, i0e0 o they or o they not ?t into categories that are e-em1te even for inAstate salesZ (;7how many of these sales that are intene to ;e 1art of the sales ta- ;ase are not currently 1aying sales ta- to thegovernment an, (c7 what 1ro1ortion of these nonAta- su;mitting ta-a;le sales can ;e ca1ture0 )here is also the>uestion of how these sales woul change if their ta- status changes0 )hir, accoring to a :ational Conference ofState Jegislatures analysis, total uncollecte ta-es on goos an services sol via the Internet were 0N ;illion in34540i- Base on an average state sales ta- rate (state sales ta- revenues retail sales7 of L05O, this e>uates toa national nonAta-e Internet sales ta- ;ase of 5L4 ;illion0- )he 5L4 ;illion re1resents close to 544O of the totalestimate 3454 Internet retail sales ;ase of 5NN ;illion, ;ase on the 0S0 Census 3454 estimate Internet retailsales ;ase0 !s an asie, it shoul ;e note that Internet sales are not the only category of remote sales leaing tothe ga1 ;etween theoretically ta-a;le sales an actual sales ta-es 1ai0 It is often the case that nonAelectronicsales ;etween states also go unta-eYremem;er our .ennis Ko=lows*i story on 1age four0 In a stuy ;y Fo- etal0,-i estimate uncollecte ta-es on nonAelectronic sales a u1 to 550 ;illion for 3453 alone0 !11ortioning totaleAcommerce sales to each state ;y its share of national retail sales, the estimate Internet sales ta- ;ase multi1lie;y the a11ro1riate state sales ta- rate 1rovies an estimate of revenues that each state can ca1ture (see Figure N07 )o state the o;vious, the actual im1lementation of ta-ing Internet sales is far more com1licate an less certainthan our estimates im1ly0 <verall, in 3453 our estimates show that states are currently losing 5/ ;illion in 1otentialsales ta- revenues ue to Internet retailers not collecting sales ta-es on ta-a;le sales0 9e estimate that theselosses will grow to ;etween 3D ;illion an // ;illion ;y 3433 without corrective action0 !s mentione, there is analso enormous amount of ta-es ue, ;ut not 1ai, on nonAelectronic remote sales0 By our estimates of 0S0 retailsales growth, accoring to the 3445 to 3454 average growth an the 5N4 to 5 return to 1ros1erity 1roGections,

we are currently losing a total of 3L ;illion in 1otential sales ta- revenue ue to

;oth Internet retail sales ta-es going uncollecte an un1ai use ta-es on nonAelectronic remote sales0 9ithout changes ;eing mae, we estimate total uncollectesales ta-es on eAcommerce sales an nonAelectronic remote sales to grow to;etween M5 an MD ;illion ;y 3433 (Figure D07



at4 Lin.s to &oiti#s8e #ounte%&an as bi>&a%tisan su&&o%t

a%%ison 1 ($. <nline sales ta- is ;ac* Y an this time, it might actually have

a shot at 1assing $ul 35 www0washington1ost0com2;usiness2onAsmallA

;usiness2onlineAsalesAta-AisA;ac*AAanAthisAtimeAitAmightAactuallyAhaveAaAshotAatA1assing2345M24D25D2e4LN45NA44A55eMAcaA3/ecc4cD3/6story0html *f7

9hen the Senate 1asse legislation last year allowing states ;roaer latitue tocollect sales on online 1urchases, the 1ro1osal was immeiately cast asie in the&ouse Y an there is has remaine, stuc* on a shelf0 ntil now0 Suenly, even with the mitermelections nearing, the ;ills su11orters ;elieve they have foun the 1erfecto11ortunity to try to 1ush it through the lower cham;er0 )he &ouse last wee* easilya11rove a ;ill u;;e the Permanent Internet )a- Freeom !ct that woul renew alongstaning ;an on ta-ing access to the Internet 0 Consiere a mustA1ass 1ro1osal, the

legislation woul 1rohi;it state an local governments from charging resients fees to ;rowse the 9e;0 So far, the

;ill has face virtually no o11osition0 But that coul soon change0 ! ;i1artisan grou1 of senators last

wee* introuce what theyre calling the ar*et1lace an Internet )a- Fairness !ct,which cou1les an e-tension of the ;an on access ta-es with their online sales ta-1ro1osal0 In short, that secon 1ortion woul grant states the authority to collect salesta-es from outAofAstate retailers who sell an shi1 1roucts to consumers withintheir ;orers0 Currently, oHcials can only levy sales ta-es on retailers who have a 1hysical 1resence, ;e it a

store or warehouse, in their states0 Its an issue that has ivie retailers ;ase on how they sell their goos0 ostof those who sell via ;ric*AanAmortar stores are lo;;ying har for the ;ill, which they say woul level the 1laying?el for all retailers0 )hose who sell their goos online, on the other han, say they woul struggle to monitor ancollect any num;er of the hunres of local an state sales ta- rates that e-ist across the country0 &ouse $uiciaryCommittee Chairman Bo; %oolatte (RAWa07 has e-1resse the same concerns as that secon cam1, warning thatthe Senate 1ro1osal woul swing the avantage in the o11osite irection ;y confront ing online retailers withta- com1liance nightmares not su"ere ;y their ;ric*AanAmortar counter1arts0 &e has thus far refuse to ta*e the;ill u1 for consieration in the &ouse0 So, in what a11ears to ;e a lastAitch e"ort to at least force a vote in theo11osite cham;er, the senators ;ehin the salesAta- legislation will ;e urging their colleagues not to sen theaccessAta- ;ill ;ac* without the salesAta- 1ortion attache0 uestion is, will it wor*Z Staning in their way will li*ely;e Senate Finance Committee Chairman Ron 9yen (.A<re07, who authore the original Internet access legislation

an has calle that ;an an online sales ta- Tse1arate issues0 Short of a change of heart from him,the Senate .emocratic leaershi1 woul have to ;e convince to go against thewishes of the committee in charge of online ta- issues an move forwar on thecom;ine 1ac*age Y not im1ossi;le, ;ut a tough sell0 Shoul the Senate lin* the twomeasures, though, lawma*ers coul ;e heae for yet another stano" , as the current

accessAta- ;an is scheule to e-1ire in :ovem;er0 )hat coul force the &ouse to ecie ;etweenallowing states to suenly start ta-ing 9e; access an swallowing the 1ill on theonline sale ta- legislation0



at4 Coon =be#tionsCoon obe#tions a%e (&e%boi#/eading e?&e%t

ood 201< (Ro;ert 9 [1ractices law with 9oo JJP, in San Francisco' <nline

Sales )a- Inevita;le, Senate Passes ar*et1lace Fairness !ct ar 3/

www0for;es0com2sites2ro;ertwoo2345/24/23/2onlineAsalesAta-Ainevita;leAsenateA1assesAmar*et1laceAfairnessAact2 *f7

)hey must collect sales ta- from outAofAstate customers only if they have a 1hysical 1resence (store, warehouse oroHce7 in the customers state0 Since then, a growing num;er of states are e-tening sales ta-es to online retailerswith inAstate sales aHliates0 !ma=on recently starte collecting tain Pennsylvania, )e-as, California anConnecticut an accoring to the ar*et1lace Fairness !ct we;site, is now allie with su11orters of the ;ill0 eBay

o11oses it0 Some of the claims a;out the law are hy1er;olic 0 <11onents say it woulo;literate the 1hysical 1resence stanar, something they assert is a ;aseline 1rotection shieling

ta-1ayers from harassment ;y outAofAstate collectors0 Its har to su11ort that claim, although theres no

>uestion the law woul hel1 harmoni=e ;ric*AanAmortar an online sales0 !nother claim is that the lawwoul force remote retailers to interrogate their customers a;out where they live, loo* u1regulations in thousans of ta-ing Gurisictions across the country, an then collect an remit ta-es

for istant authorities0 See Jetter to Congress+ <11ose the ar*et1lace Fairness !ct <f course, customersalreay must state a elivery aress, an creit car com1anies verify them too0

<11onents also invo*e ultraAcom1le-ity, claim interstate commerce will ;e harme, an say

online sellers will ;e ;urene with ,N44 se1arate ta-ing Gurisictions, each with its own uni>ue e?nitions,holiays, an rates0 )hey claim the law triggers a massive e-1ansion in state ta- collection authority, ismantling a

vital ta-1ayer 1rotection u1on which virtually all ta- systems are ;ase0 ost of this is at least overstate0



9tates "saa&obia CP



**1n#8e -)t( state gove%nents o) te United 9tates soud end

su%veian#e o) te Musi bod(;

9tates a%e #u%%ent( i&eenting anti>Musi &oi#ies

an and Beute 1 A CoA Princi1al Investigator, ISP Fellow an Jecturer in`

the .e1artment of :ear Eastern an !sian Stuies at 9ayne State niversity, CoAPrinci1al Investigator an ProGect anager for Islamo1ho;ia+ ! )hreat to !ll Stuy,ISP Policy an Research Engagement Fellow Saee Khan an !leGanro Beutel,345M, Tanufacturing Bigotry+` ! StateA;yAState Jegislative E"ort to Push;ac*!gainst 34L4 ;y )argeting uslims an <ther inorities, D25L2345L, B.

9ith regar to antiAsharia s1eci?cally,` iv0 N/4 of the total /5/ (5N0LO7 Re1u;licanstate legislators have s1onsore or coAs1onsore an antiA sharia2antiAforeign law;ill0` v0 !n 4O of the 543 antiAsharia ;ills were s1onsore or coAs1onsore ;y anoverla1 legislator, or legislator who s1onsore or coAs1onsore a restrictive law in

another of the si- issue areas0 ` vi0 It is critical to note that the greatest overla1 with antiAsharia2antiAforeign law legislation is not with antiAimmigration laws as might ;ethought ;ut with strict Woter I. laws an RightAtoA9or* laws0 Both of these ty1es oflaws negatively an is1ro1ortionately im1act !fricanA!mericans, women anJatinos0 )hus, if a lawma*er wants to su11ort legislation marginali=ing the most 1eo1le at one time, antiA sharia

along with Woter I. an2or RightAtoA9or* woul hel1 to achieve that en0` vii0 !lthough the lin*age;etween antiAimmigrant an antiAuslim avocacy is very strong, research inicatesthat antiAimmigration law 1ro1osals are limite in num;er ;ecause of the high1olitical an ` ?nancial costs of im1lementing legislation that faces wies1reao11osition from religious grou1s an ;usiness interests ali*eL0



>>?t4 9oven#(9tate a#tions a%e #%eating a dis#u%sive &oi#( o) "sao&obia


the .e1artment of :ear Eastern an !sian Stuies at 9ayne State niversity, CoA

Princi1al Investigator an ProGect anager for Islamo1ho;ia+ ! )hreat to !ll Stuy,ISP Policy an Research Engagement Fellow Saee Khan an !leGanro Beutel,345M, Tanufacturing Bigotry+` ! StateA;yAState Jegislative E"ort to Push;ac*!gainst 34L4 ;y )argeting uslims an <ther inorities, D25L2345L, B.

)he fact that antiAsharia2antiAforeign law ;ills, the legislative vehicle for antiAuslim sentiment, trac* more closely to Woter I. an RightAtoA9or* relate ;ills than antiAimmigration ;ills

lens creence to the iea that the current legislative agena is a;out 1reserving1ower0 It also inicates that, es1ite the rhetoric aroun sharia, these legislativee"orts targeting Tforeign laws are actually ;ranches of a wier omestic 1olicyinitiative targeting the changing nature of !merica0 ` ltimately, the ata su11orts the fact that

there is ee1 an-iety aroun the changing emogra1hic nature of !merican society

an the a11roaching emogra1hic ti11ing 1oint0 )his is the wier omestic conte-t in which of

antiA uslim 1reGuice an animus o1erate0 In the years since 255, antiAuslim sentiment has;een consiere more socially acce1ta;leN than animus irecte at other racial,ethnic, or religious grou1s0D ` :otwithstaning that !merican uslims are increasA ingly wor*ing in

1artnershi1 with various communities on a growing array of 1u;lic 1olicy issues, the narratives to counterIslamo1ho;ia have often ;een narrow, largely treatA ing the issue as its own isolate 1henomenonYwhether inA

tentional or not0 9hile not see*ing to own1lay the uni>ue challenges antiAuslim;igotry 1oses to !merican 1luralism, the ?nings clearly suggest Islamo1ho;ia is1art of a ;roaer tren of e-clusion that various minority communities havee-1erience, an continue to e-1erience0

9tate a#tion is .e(


the .e1artment of :ear Eastern an !sian Stuies at 9ayne State niversity, CoAPrinci1al Investigator an ProGect anager for Islamo1ho;ia+ ! )hreat to !ll Stuy,ISP Policy an Research Engagement Fellow Saee Khan an !leGanro Beutel,345M, Tanufacturing Bigotry+` ! StateA;yAState Jegislative E"ort to Push;ac*!gainst 34L4 ;y )argeting uslims an <ther inorities, D25L2345L, B.

)his ;rief summari=es ISP research that ienti?es antiA 34L4 resistance trens, an ocuments the lin* ;etweenantiAuslim activism an su11ort for other forms of ;igotry ;y analy=ing stateAlevel laws 1asse an ;ills 1ro1ose

on a num;er of *ey 1u;lic 1olicy issues0` ISPs research o"ers ocuA mente evience, acrossall L4 state legislatures, of the current lawma*ing e"orts, successful an unsuccessAful to restrict or reverse the rights of various grou1s hisA torically marginali=e fortheir race, ethnicity, national origin, gener, se-ual orientation, or religiousaHliation0 )his re1ort also 1laces Islamo1ho;ia within a ;roaer conte-t ofoverla11ing legislative camA 1aigns that target or is1roA 1ortionately im1act thea;oveA mentione communities0



at4 =n( Fed 6oes 9u%veian#e9tates su%vei Musis – Ne$ o%. &%oves

A&u::o 1 b writer for the :ew Vor* )imes att !1u==o, M25L2345M, )he :ew Vor*

)imes, T:ew Vor* .ro1s nit )hat S1ie on uslims,

htt1+22www0nytimes0com2345M24M25N2nyregion21oliceAunitAthatAs1ieAonAmuslimsAisAis;ane0html, D25L2345L, B.

)he :ew Vor* Police .e1artment has a;anone a secretive 1rogram thatis1atche 1lainclothes etectives into uslim neigh;orhoos to eavesro1 onconversations an ;uilt etaile ?les on where 1eo1le ate, 1raye an sho11e , the

e1artment sai0 ̀)he ecision ;y the nations largest 1olice force to shutter thecontroversial surveillance 1rogram re1resents the ?rst sign that 9illiam $0 Bratton,the e1artments new commissioner, is ;ac*ing away from some of the 1ostA255intelligenceAgathering 1ractices of his 1reecessor0 )he Police .e1artments tactics, which are

the su;Gect of two feeral lawsuits, rew criticism from civil rights grou1s an a senior oHcial with the FeeralBureau of Investigation who sai they harme national security ;y sowing mistrust for law enforcement in uslim

communities0` )o many uslims, the s>ua, *nown as the .emogra1hics nit, was asign that the 1olice viewe their every action with sus1icion0 )he 1olice ma11e communities

insie an outsie the city, logging where customers in traitional Islamic clothes ate meals an ocumenting their

lunchAcounter conversations0 T )he .emogra1hics nit create 1sychological warfare in ourcommunity, sai Jina Sarsour, of the !ra; !merican !ssociation of :ew Vor*0 T )hose ocuments,they showe where we live0 )hats the cafe where I eat0 )hats where I 1ray0 )hatswhere I ;uy my groceries0 )hey were a;le to see their entire lives on those ma1s0!n it com1letely messe with the 1syche of the community0` s0 Sarsour was one of

several avocates who met last 9enesay with r0 Bratton an some of his senior sta" mem;ers at Police&ea>uarters0 She an others in attenance sai the e1artments new intelligence chief, $ohn iller, tol themthat the 1olice i not nee to wor* covertly to ?n out where uslims gather an inicate the e1artment wasshutting the unit own0` )he .emogra1hics nit, which was rename the one !ssessment nit in recent years,has ;een largely inactive since r0 Bratton too* over in $anuary, the e1artments chief s1o*esman, Ste1hen .avis,

sai0 )he units etectives were recently reassigne, he sai0` Tnerstaning certain localemogra1hics can ;e a useful factor when assessing the threat information thatcomes into :ew Vor* City virtually on a aily ;asis, r0 .avis sai0 TIn the future, we will gather

that information, if necessary, through irect contact ;etween the 1olice 1recincts an the re1resentatives of thecommunities they serve0



9&a#e 6eb%is CP



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SP!CE, as the late .ouglas !ams 1ointe out, is very ;ig0 But the ;it near Earth is also very crowe0 &alf acentury of roc*et launches has turne the high frontier into a Gun*yar0 !roun /,444 tonnes of em1ty roc*etstages, efunct satellites, astronauts tooth;rushes an ec*s of 1aint are thought to ;e in or;it0 Besies ;eingmessy, such e;ris can ;e angerous0 !nything circling Earth is moving 1retty >uic*ly, so collisions ;etween s1ace Gun* an satellites can ha11en at closing velocities of 54*m a secon or more0 Jarge ;its of Gun* are routinelytrac*e ;y raar0 )he International S1ace Station (ISS7, for instance, regularly twea*s its or;it to avoi a 1articularlymenacing 1iece of litter0 But at such high s1ees, even a small, harAtoAfollow o;Gect can o tremenous amage0

Roc*et scientists have ;een 1onering how to eal with this 1ro;lem for years 0 But a

1a1er Gust 1u;lishe in !cta !stronautica ;y )oshi*a=u E;isu=a*i an his colleagues at RIKE:, a ;ig

$a1anese research institute, has gone further an 1ro1ose actually ;uiling a test evice0Ji*e all the ;est ieas, .r E;isu=a*is 1lan involves =a11ing things with lasers0 &e1ro1oses to 1oint these lasers in the right irection using a telesco1e intene for ai"erent Go; entirely0 )his is the E-treme niverse S1ace <;servatory (ES<70 It isesigne to ;e ;olte on to the ISS 0 From that vantage 1oint it will monitor Earths atmos1here,

loo*ing for showers of raiation cause ;y cosmic rays hitting air molecules0 .r E;isu=a*i, however, realise thatthe characteristics of a telesco1e esigne for this Go;Ynamely a wie ?el of view an the a;ility to register eveneeting ashes of lightYwoul also ;e wellAsuite for s1otting small ;its of e;ris as they whi== 1ast the ISS0

&aving ienti?e something, the ne-t ste1 is to get it out of or;itYan that is where the=a11ing comes in0 Shining a suHciently 1owerful laser at something will ;oil awayits surface0 )he resulting Get of va1our will, as :ewtons thir law of motion re>uires, cause ane>ual an o11osite reaction on the o;Gect it came from, 1ushing that o;Gect away0

Fire a laser heaAon at a 1iece of s1ace e;ris for long enough, then, an you can slow it own to the 1oint whereits or;it will ecay an it will ;urn u1 in Earths atmos1here0 )his iea is not new0 But 1utting lasers into or;it istric*y0 )hose 1owerful enough to o the Go; nee lots of electricity an this is har to eliver with the solar 1anelsfrom which satellites ty1ically raw their 1ower0 .r E;isu=a*i 1ro1oses instea to em1loy a new, more eHcient lasercalle a coherentAam1li?cation networ* evice, which was evelo1e for use in highAenergy 1hysics0 &e an his

colleagues suggest a threeAstage test0 )he ?rst, with a smaller version of the ES< an a fairlyweey laser, woul serve as a 1roof of conce1t0 )he secon woul use the actualES< telesco1e an a much more 1otent laser0 Finally, he says, the e>ui1ment coul;e mounte on a 1ur1oseA;uilt satellite, from which it woul ;e a;le to shoot owntens of thousans of ;its of s1ace Gun* every year, thus graually swee1ing thes*ies clean0



>>?t CP 9ovesFunding is te #%iti#a inte%na in. to EU9= su##ess – CP

%esoves tis

Lant 2015 (Karla &ow the ISS Plan s of getting ri of s1ace e;risA1lans to

va1ori=e comets in s1ace ay 5www0sciencetimes0com2articles2NM52345L4L52howAtheAissA1lansAonAgettingAriAofAs1aceAe;risA1lansAtoAva1ori=eAcometsAinAs1ace0htm *f7

)he new Ri*en 1ro1osal, however, focuses on the E-treme niverse S1ace <;servatory (ES<70 !lthough

it was not esigne for the 1ur1ose of o;literating s1ace Gun*, the system, create for monitoringultraviolet emissions cause ;y cosmic rays, may solve this 1ro;lem0 !stro1hysicist

)oshi*a=u E;isu=a*i says that use of the ES<, which will ;e use on $a1an@s 345D ISS moule, is a goo strategy0 )he lasersystem uses a Coherent !m1li?cation :etwor* (C!:7 laser, now uner evelo1ment for use inatom smashers, to ;last 1ieces of Gun* ;y va1ori=ing its surface0 )he C!: lasergenerates a single, 1owerful ;eam ;y com;ining many small lasers together 0 )his in turn

1ushes the e;ris into the atmos1here with the 1lume of 1lasma create ;y the ;last0 )he Gun* woul then ;urn u1 in the

atmos1here0 ! 544,444Awatt ultraviolet C!: laser, the fullAscale version of this system, woul have a range of a;out N4 miles0 Itwoul ;e a;le to ?re a;out 54,444 1ulses 1er secon, each 1ulse of a oneAtenth ofoneA;illionth of a secon uration0 )his set of ca1a;ilities shoul ;e ae>uate to secure the ISS0 )he system@s

laser woul nee lithiumAion ;atteries weighing a;out 5D 1ouns0 8)he ES< telesco1e, which was originally esigne to etectcosmic rays, coul also ;e 1ut to use for this useful 1roGect,8 E;isu=a*i says0 If the 1roofAofAconce1t an fullAscale 1rototy1es wor*,the researchers 1ro1ose that a satellite version of the system ;e 1rouce solely for the 1ur1ose of ;lasting s1ace Gun*0 )he satelli tewoul then or;it over ;oth 1oles of the Earth0 )hey ;elieve it coul =a1 a;out 544,444 1ieces of s1ace Gun* annually, one 1iece of

Gun* every ?ve minutes0 ost s1ace Gun* is at an altitue of a;out L44 miles0 )he satellitewoul start its or;it at a;out N34 miles an over time rift ownwar at a;out Nmiles 1er month until most trou;lesome Gun* was goneAin a;out L4 months@ time0K8e biggest obsta#e is )unding3K says E;isu=a*i0 8)here are some technical challenges, of course, ;ut the

main issue is getting funing for evelo1ment an launch08



<ne maGor use envisione at the outset is that of launching solar energy 1latformswhich will collect the limitless energy of the sun an ;eam it own to Earth for aconstant source of clean, renewa;le 1ower0 )his woul have enormous im1licationsfor the environment an sustaina;le evelo1ment ;y cutting fossil fuel consum1tionan thus eliminating harmful greenhouse gases0 It woul also avoi the necessity of

constructing tall solar towers which, of necessity, have huge groun foot1rints0 )hesolar tower uner evelo1ment in !ustralia, for instance, will have a collector nearlyN*m in iameter an re>uire over L4 s>uare *ilometers for the construction0

9oves 6isease and Faine

Ed$a%ds and Raitt 3 Braley Ewars, Ph0.0 in Physics from the niversity of9isconsin b aison, .avi Raitt, Senior )echnology )ransfer <Hcer, )echnology

)ransfer Q Promotion <Hce, Euro1ean S1ace !gency, T)&E SP!CE EJEW!)<R+EC<:<ICS !:. !PPJIC!)I<:S,Thtt1+22images0s1aceref0com2ocs2s1aceelevator2iacA344M2iacA4MAiaa0/00/040raitt01f7

In a 1erio when the ays of the ISS seem num;ere, the S1ace Elevator coul ste1 in to ful?ll the1romise of 1roviing facilities to test an evelo1 new rugs an materials inmicrogravity0 S1ecialist automate la;s coul ;e 1lace at various locationsaGoining the ri;;on to create an manufacture com1onents for the 1harmaceuticalan electronics inustries0 <ther la;s coul house s1ace garens to grow 1lants ancro1s b not only to evelo1 im1rove varieties for terrestrial use, ;ut also to 1rovie foo for 1eo1le living an

wor*ing in s1ace0



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**E#on8est4 8e United 9tates Cong%ess soud &ass te 8%ansatanti#

8%ade "nvestent Pa%tne%si&;

8e CP 9oves te goba e#ono(/doesnDt in. to &oiti#sLeou%, ustili, Pel*mans, an )imini 1A (!rGan JeGour is Programme Jeaer in Pu;lic Finance at

CPB :etherlans Feerica ustilli is Researcher at CEPS $ac>ues Pel*mans is Senior Fellow at CEPS an Professorat the College of Euro1e an $aco1o )imini is Researcher at CEPS0 )he views e-1resse in this re1ort are those ofthe authors only an o not necessarily re1resent those of CEPS or CPB :etherlans07 TEconomic Incentives forInirect ))IP S1illovers, :o0 M 2 <cto;er 345M [))IP Series :o0 3', Center for Euro1ean Policy Stuies, 345M,1f,22roneofar*

)he )ransatlantic )rae an Investment Partnershi1 ())IP7 negotiations ta*e 1lace;etween two of the three ;iggest economies in the worl an over a very wies1ectrum of regulatory an trae 1olicy omains 0 )hey cannot therefore ;e seen in isolation0 <ne

maGor issue is whether ))IP engeners s1illovers to thir countries0 )his CEPS S1ecial Re1ort re1resents a ?rst

attem1t to unerstan the unerlying economics of such s1illovers0 )he iea is that ))IP, in settingregulatory 1ractices for the :orth !tlantic, which reuce costly regulatoryivergence, may a11ly on a F: (mostAfavoureAnation7 ;asis, or even that new ))IPregulatory dstanars might ;e ao1te ;y thir countries, which there;y canreuce the nontari" ;arriers (:)Bs7 for their e-1orts to ))IP economies0 Both im1ly1ositive s1illovers0 9hilst there is some tal* a;out s1illovers from the regulatory accom1lishments of ))IP to

thir countries, there seems to ;e no economic theory or analysis hel1ing negotiators or o;servers to a11reciatethe rivers ;ehin such s1illovers0 )he only simulation of the im1act of ))IP that has incor1orate 1ositive s1illovers(Francois et al0 345/7 oes not o"er any further insight in this res1ect all it oes is to sti1ulate an ar;itrary dsi=e ofs1illovers without any further e-1lanation0 )herefore, the 1resent authors see* to 1rovie some sim1le em1irical

economics to a11reciate the incentives for s1illovers0 Even if the relative economic signi?cance ofthe E an the S together in the worl economy is shrin*ing steaily, in manyres1ects they unou;tely remain 1re1onerant economic 1owers+ their Goint si=e of

worl goos trae is im1ressive (in 345/, the E im1orte 5N ;illion in goosfrom the S an e-1orte 3 ;illion to the S7, similarly in services trae (in3453, the E im1orte 5M ;illion an e-1orte 5N4 ;illion7 an their ominancein foreign irect investment (F.I7 stoc*s is overwhelming (in 3453, E inwar stoc*sfrom the S amounte to 50L/ trillion while outwar stoc*s to the S amounte to50NL trillion705 )his 1re1onerance an their former leaershi1 in the 9orl )rae<rgani=ation (9)<7 ;ring with it a s1ecial res1onsi;ility when em;ar*ing u1on ))IP0! ee1, com1rehensive an am;itious F)!A1lus over the :orth !tlantic shoul notunermine or otherwise negatively a"ect the 9)< an its signatories0 )his is not so much

a >uestion of violating the rules (as the E an the S can ;e e-1ecte to stic* to 9)< rules7 ;ut rather of thedregionalisation of new, es1ecially regulatory, framewor*s an the ris*s of generating new forms of trae iversionthat isavantages thir countries0 Beyon a general ;ut vague awareness, e-1resse in trae i1lomacy, the

e;ate on the 1ossi;le economic im1act on thir countries has harly ta*en o"0 In 1articular, 1ositive s1illoversremain at ;est s1eculative0 Countries such as )ur*ey an e-ico have unerstoo the anger an ;oth the S anthe E have o1ene or intensi?e their ;ilateral trae 1olicy channels to *ee1 these governments 1oste an

reect on further initiatives0 %iven the 1re1onerance of the S an the E together, it istherefore crucial that e"orts are unerta*en to reuce or 1reAem1t any suchnegative e"ects an stimulate 1ositive s1illovers0 )his re1ort has a moest 1ur1ose0 It see*s to

com1lement the em1irical economic stuy unerlying the Commissions Im1act !ssessment of ))IP (Francois et al0,345/7, which b rightly b introuces the 1ossi;ility of ))IP generating (1ositive7 s1illovers for thir countries, ;othirect an inirect0 )he simulation ;y Francois et al0 (o10 cit07 without these s1illovers results in small ;ut nonAtrivialnegative e"ects on trae an %.P for the thir countries inclue0 )hese negative e"ects isa11ear or ;ecome



**Reations8est4 8e United 9tates Cong%ess soud &ass te 8%ansatanti#

8%ade "nvestent Pa%tne%si&;

8e CP boosts U9 %eations and so)t &o$e%/9oves te a aiton and Zuinan3 15> (.aniel S0 &amilton an $ose1h P0 uinlan are .irector an Senior Fellow,

res1ectively, at the $ohns &o1*ins niversity Center for )ransatlantic Relations, an coAauthors of )he )ransatlanticEconomy 345L (9ashington, .C+ Center for )ransatlantic Relations, 344D77 Tore than trae, ))IP leas to con?ent!tlanticism Euractiv0com, arch 5, 345L htt1+22www0euractiv0com2sections2traeAsociety2moreAtraeAtti1AleasAcon?entAatlanticismA/5/44N 22roneofar*

)he SAE )ransatlantic )rae an Investment Partnershi1 ())IP7 is generating moreheat than light when it comes to most Euro1ean e;ates, which ten to cast ))IP asyet another free trae agreement0 Vet ))IP is a;out more than trae0 It is a;outcreating a more strategic, ynamic an holistic SAE rela tionshi1 that is morecon?ent, more e"ective at engaging thir countries an aressing regional an

glo;al challenges, an ;etter a;le to strengthen the groun rules of theinternational orer0 )o the e-tent that ))IP can hel1 generate Go;s, s1ar* growth anreinvigorate the S an Euro1ean economies, it 1romises to renew con?enceamong 1u;lics an elites an ameliorate some of the 1olitical ysfunction aictingmany 9estern societies0 %reater con?ence an economic vigor at home, in turn,has the 1otential to increase the magnetic 1ull of 9estern values elsewhere,unerwrites S an E i1lomatic ca1acity, an enhances 1ossi;ilities for strategicoutreach0 ))IP can also reassure each sie of the !tlantic a;out each other0 Euro1eans are more li*ely to have

greater faith in !merica@s security commitments if they are anchore ;y strong trae an investment lin*s 0 ))IPwoul ;e an im1ortant S valiation of E legitimacy, while reassuring !mericansthat the E is loo*ing outwar rather than inwar0 ))IP can ;e an assertive, yet not

aggressive, means to efen an avance ;asic values share across the !tlantic0 ))IP@s funaments are those of emocratic societies roote in res1ect for human rights an the rule of law0 )heS an the E are among the few entities that inclue ;asic la;or, environmentalan consumer 1rotections in their trae agreements0 )hey ;oast the two mostso1histicate regulatory systems anywhere0 !n agreement that commits ;oth 1arties to

sustain an u1hol such 1rinci1les an 1rotections, not only visAaAvis each other ;ut together aroun theworl, woul ;e a strong aHrmation of common values an a 1owerful instrumentto ensure that such stanars avance glo;ally0 Secon, ))IP is im1ortant in terms ofhow the transatlantic 1artners together might ;est relate to rising 1owers0 9hetherthose 1owers choose to challenge the current international orer an its rules or1romote themselves within it e1ens signi?cantly on how the S an Euro1e

engage, not only with them ;ut also with each other0 )he stronger the ;ons among coreemocratic mar*et economies, the ;etter their chances of ;eing a;le to engage rising1artners as res1onsi;le sta*eholers in the international system0 )he looser orwea*er those ;ons are, the greater the li*elihoo that rising 1owers will challengethis orer0 ))IP has 1articular meaning for S an E relations with China0 ))IP is la=ily 1ortraye as an e"ort to

confront an isolate China0 Vet is less a;out containing China than a;out the terms an 1rinci1les guiing China@s

integration an 1artici1ation in the glo;al orer0 China@s ;urgeoning trae with ;oth the niteStates an Euro1e attests to S an E interest in engaging China, not isolating it0



Vet BeiGing has yet to em;race some ;asic tenets of the international rulesA;aseorer0 ))IP, )PP an relate initiatives are im1ortant instruments to hel1 frameBeiGing@s choices AA ;y unerscoring China@s own interests in an o1en, sta;leinternational system as well as the ty1es of norms an stanars necessary for sucha system to ;e sustaine0 ))IP is also im1ortant with regar to S an E relations with Russia an

Eurasia0 ))IP is a valuesA;ase, rulesA;ase initiative that is li*ely to strengthen9estern economic an social cohesion, reinforce S commitment to Euro1e,strengthen transatlantic energy ties, an contri;ute to greater attractiveness of the9estern moel0 ))IP woul also ;olster the resilience of central an east Euro1eaneconomies, stimulate S investment an ena;le such countries to more easily resistRussian encroachment0 )hese changes are li*ely to resonate across 9ier Euro1e, es1ecially *raine,

olova, %eorgia an even Belarus0 )his is anathema to the current leaershi1 in the Kremlin0 ))IP 1resents a hugechallenge to the Kremlin@s e"orts to ivie Euro1eans from !mericans0 It o"ers something that the Kremlin cannot

match+ a trans1arent, mutually ;ene?cial agreement that creates a rulesA;aseframewor* for international coo1eration0 ! reinvigorate transatlantic mar*et1laceamong highlyAconnecte, highlyAcom1etitive emocracies, whose 1eo1le enGoygreater economic growth an rising stanars of living, woul challenge the

Kremlin@s version of @@manage emocracy@@ an rener Russias own oneAimensional naturalAresourceA;ase economic moel unattractive0 %reater SAEenergy coo1eration woul ;lunt Russia@s mono1olistic a11roach to Euro1ean energymar*ets0 !n if such ;ene?ts e-tene to nonAE neigh;ors, 1articularly *raine, Russians themselves are li*ely

to as* why their own country can@t ;e ;etter run0 )hir, ))IP can hel1 strengthen the international rulesA;aseorer0 Euro1eans an !mericans share an interest in e-tening 1ros1erity through multilateral trae li;erali=ation0But the .oha Roun is stuc* an the 9)< system is uner challenge0 E an S oHcials are using ))IP to un;loc*the 9)< .oha negotiations, Gum1start multilateral negotiations, an e-ten the multilateral system it to new areas0 ))IP coul result in clearer, trans1arent rules of origin that coul facilitate glo;al trae an serve as a common1u;lic goo0 It coul 1ioneer new ways to ensure high stanars for consumers, wor*ers, com1anies an the

environment while sustaining the ;ene?ts of an o1en glo;al economy0 9ithout ))IP, !mericans anEuro1eans coul ;ecome stanarAta*ers rather than stanarAma*ers0 %etting a ))IP

eal will ;e tough0 Vet if we gras1 the moment, !merica@s ?rst dPaci?c Presient an his E

1artners may well ;ecome ;est *nown for having reAfoune the !tlanticPartnershi10 If we o not, then issues of failing trust an con?ence, so visi;letoay, will continue to eat at the relationshi1 li*e termites in the woowor*0



AAX) Solves R-2at+ Jin*s to Politics8e CP soves %eations bette% tan te a> doesnDt in. to

&oiti#sLeou%, ustili, Pel*mans, an )imini 1A (!rGan JeGour is Programme Jeaer in Pu;lic Finance at

CPB :etherlans Feerica ustilli is Researcher at CEPS $ac>ues Pel*mans is Senior Fellow at CEPS an Professorat the College of Euro1e an $aco1o )imini is Researcher at CEPS0 )he views e-1resse in this re1ort are those ofthe authors only an o not necessarily re1resent those of CEPS or CPB :etherlans07 TEconomic Incentives forInirect ))IP S1illovers, :o0 M 2 <cto;er 345M [))IP Series :o0 3', Center for Euro1ean Policy Stuies, 345M,1f,22roneofar*

For 1resent 1ur1oses, we focus solely on a more aggregate a11roach for trae1olicyAma*ers an regulators of any country X having im1ortant economicintercourse with the ))IP twins0 )he most o;vious an im1ortant incentive is founin mutual trae relations, 1ossi;ly in com;ination with F.I stoc*s ;oth ways0 In the

following, we assume that the relative im1ortance of aggregate goos trae with the ))IP1artners is a reasona;le ?rst 1ro-y of a thir countrys incentive to consierdalignment of its rules an regulatory 1ractices on goos with ))IP 0 9e focus on goos

trae, not services, ;ecause much of the regulatory coo1eration in the &igh Jevel %rou1 Re1ortL is a;out goostrae0 Before moving to the analysis of each sector, we ?rst 1rovie a general 1icture where we select caniates

1otentially intereste in Goining ))IP at a later stage or that can ;e inuence ;y its outcome0 )he mainvaria;le unerlying trae incentives is the Tomestic value ae em;oie in theforeign ?nal eman as a 1ercentage of the total value ae 1rouce ;y thee-1orting country0 )he reason why we 1refer this varia;le to the classical gross e-1orts ?gures is e-1laine

in Bo- 50 Countries have ;een clustere in three grou1s+ ?rst, we consiere the soAcalle dclosest neigh;ours, incluing those countries alreay lin*e to the ))IP twinthrough legal an ee1 commercial trae relations, namely :!F)! for the S, anSwit=erlan, Icelan, :orway an )ur*ey for the E0 Before ins1ecting the ata, we e-1ect astrong interest from those countries in the negotiations inuce ;y the e-istingee1 trae relations0 ! secon grou1 inclues im1ortant commercial 1layers accoring to their

relative contri;ution to glo;al trae, namely+ Bra=il, China, Inia, Inonesia, $a1an, Re1u;lic ofKorea, South !frica (e?ne as the seven d;iggest traers, other than ))IP itself70D !

thir grou1 consists of dother evelo1e o1en economies, namely, !ustralia, :ew ealan, Singa1ore, &ong Kong,Israel an Chile, which, in the 9)<, can never ho1e to ;e d1rinci1al traers that assume leaershi1 on regulatoryregimes, ;ut are *een to ;ene?t from e"ective mar*et access to ))IP0 )he following sim1le e-ercise shows that

s1illovers b >uite a1art from their s1eci?c regulatory su;stance b are incentivise farmore in :!F)! an in Euro1e with the Es closest economic neigh;ours (Swit=erlan,

Icelan, :orway an )ur*ey7 than in the secon an thir grou1s of worl traers0 S1eci?cally, with )ur*ey,Swit=erlan, Icelan an :orway the E alreay has crei;le channels for regulatoryconvergence an a lot of harmonisation an stanarisation has alreay ta*en1lace0 In :!F)!, regulatory convergence use to ;e no more than marginal, ;ut ;oth e-ico an Canaa now

have active Regulatory Councils with the S0 )a;le 5 shows that dclosest neigh;ours have e-1ortshares in terms of omestic value ae em;oie in the foreign ?nal eman for

))IP (in their worl goos e-1orts7 ranging from LNO to DMO, which woul seem to reect1owerful incentives to see* e"ective forms of regulatory accommoation with ))IP0 )here is no o;vious ;asis to e?ne a critical aggregate threshol ;eyon which a thir country woul ;eincentivise or not it is 1ro;a;ly not a ;inary issue anyway0 Inee, an aggregate threshol might ;e ina11ro1riateas the 1ractical a11roach for alignment will li*ely ;e sectoral, in com;ination with some ;roaer regulatory

coo1eration 1rinci1les an some institutional arrangements0 But LNO to DMO shares are so high thatone may s1ea* of ))IP ominance in trae relations0 If these trae shares are



com;ine with the overall merchanise trae o1enness of countries, the ))IPo1enness share is a;out /DO only for )ur*ey is it much lower (33O7054 )he latter result is not

sur1rising, ;ecause )ur*ey is also orientating itself towars the ile East an former Soviet nion countries0

<ften, trae o1enness is com;ine with strong relations in mar*ets via F.I stoc*sthat further strengthen the im1etus0 )his ))IP dominance is, in 1art, the result ofaccom1lishe, dee1 mar*et integration, uner1inne ;y strong o;ligations ofdnegative integration an, e1ening on the case, some or even farAreachingagreements on 1ositive integration, es1ecially regulatory ones (more in Euro1e than in

:orth !merica70 In other wors, regulatory an institutional relations insie :!F)! areevelo1ing an, insie Euro1e, are alreay avance, which shoul ma*e it feasi;leto ?n acce1ta;le accommoation sooner or later, or even reners it conceiva;lethat ))IP woul ;e e-tene in some cha1ters to the dclosest neigh;ours 0 )he glo;al

e;ate on s1illovers might well ;e more focuse on the secon an thir grou1s, which o not have anywhere nearthe same e1th in regulatory convergence in goos trae0 )a;le 5 shows that the dother evelo1e countries score ))IP shares of ;etween 3MO (!ustralia7 an LDO (Israel70 )he overall ))IP o1enness varies from O (for !ustralia7 to5/O (for &ong Kong70 Concerning the grou1 of the seven ;iggest commercial 1artners, ))IP shares vary from /5O(Inonesia7 to MO (China7, while the ))IP o1enness of Korea an South !frica more or less matches that of )ur*ey0In 1articular for Bra=il, Inia, Inonesia an $a1an, it oes not seem li*ely that their shares woul give enoughincentive to initiate a 1rocess of omestic reAregulation for the 1ur1ose of e"ective mar*et access only to ))IP0 )his

is also the case for !ustralia an :ew ealan0



a%ing 'Ca%bon 8a?es



**9ado$ 8a?es CP8e United 9tates )ede%a gove%nent soud estabis a

#oittee to e?&o%e te )easibiit( o) #a%bon sado$ &%i#ing

b( te )ede%a gove%nent;

8e CP is te -%st ste& to sove $a%ing

Mo%%is 2015 (!ele [a senior fellow an the 1olicy irector for the Climate an

Energy Economics ProGect' 9hy the feeral government shoul shaow 1ricecar;on $ul 5/ www0;roo*ings0eu2;logs21lanet1olicy21osts2345L24D25/Acar;onAfoot1rintAgovernementAshaowA1riveAmorrisZrssi]JatestFromBroo*ings *f7

! First Ste1 <ne 1otential ?rst ste1 woul ;e to esta;lish an e-1ert committee an2or

interagency 1rocess to e-1lore the feasi;ility of car;on shaow 1ricing ;y the feeralgovernment0 )he committee coul e-amine which *ins of feeral e-1enitures an o1erations are ;est suite

to shaow 1ricing, an which sources of emissions (irect an inirect7 coul ;e reasona;ly 1rice0 )he

committee coul review methos use ;y the 1rivate sector for 1ossi;le a11licationin the feeral government an consier which feeral agencies , such as .<E, <B, CB<,

an %S!, are in the ;est 1osition to 1rovie leaershi1 for the eneavor0 It woul also thin* through 1otential

;uget im1lications an how shaow 1ricing coul ;e 1ilote or 1haseAin across the government0 )hecommittee coul also analy=e o1tions for how to set an a11ro1riate shaow 1ricetraGectory, such as whether the 1rice shoul ;e tie to the social cost of car;on thegovernment uses for regulatory analysis or a 1ath that minimi=es the cost ofachieving a long term cumulative emissions goal0 )he committee coul also 1ro1ose metrics for

monitoring the emissions 1erformance of the 1olicy an, 1otentially, ientify more costly a;atement measures the

feeral government coul consier 1hasing out0 Finally, the committee coul suggest ways toengage contractors, com1anies with car;on shaow 1ricing e-1erience, an othersta*eholers in the 1rocess to am1lify the ;roaer ;ene?ts0



>>?t 9oves a%ingFede%a gove%nent eade%si& is suI#ient to s&a%. a%ge

s#ae #a%bon sado$ing



)he Role for the Feeral %overnment )he 0S0 feeral government has two *ey leaershi1o11ortunities here0 First, the government coul shaow 1rice its own emissions inways analogous to those use ;y com1anies ;ut customi=e to the 1articular nees of feeral

agencies0 For e-am1le, in analy=ing energy eHciency retro?ts to feeral facilities, agencies coul useenergy 1rices that ta*e into account the car;on intensity of the fuels an electricityinvolve, thus economi=ing on energy where the emissions ;ene?ts are highest0

)his woul hel1 manage the feeral governments ?scal ris* as a maGor energy user,harmoni=e a;atement incentives across agencies, an rationali=e feeral investments acrosscom1eting o;Gectives0[5' Secon, the government coul use the 1rocess ;y which itevelo1s its shaow 1ricing 1olicy to cataly=e an even ;roaer 1u;lic iscussion0

!lthough har to >uantify, the s1illover 1otential of the feeral governments leaershi1coul ;e su;stantial as it woul raise the 1ro?le of shaow 1ricing, 1rovie 1racticala11roaches that other entities can ao1t, an further 1rove the 1rinci1le thatcar;on 1ricing can cost e"ectively reuce emissions 0 !t the very least, the 1olicy woulraw the attention of the ?rms that receive the over L44 ;illion in feeral contracts

annually0 9ith thoughtful sta*eholer outreach, the im1act coul ;e even ;roaer0

8is soves $a%ing



! growing num;er of com1anies are 1utting a shaow 1rice on car;on to reucetheir car;on foot1rint cost e"ectively0 Shaow 1ricing is metho of investment or ecision analysis

that as a hy1othetical surcharge to mar*et 1rices for goos or services that involve signi?cant car;on emissionsin their su11ly chain0 For e-am1le, if a ?rm is analy=ing ac>uisitions of new energyAusing e>ui1ment, it woul usee-1ecte energy costs of e-1ecte mar*et 1rices 1lus a charge associate with the car;on io-ie that woul ;erelease when the fuel is com;uste0 Shaow 1rices can a11ly in all sorts of analyses of investments,1rocurements, an other strategic ecisions to give an ege to o1tions that are more emissionsAeHcient, other

things e>ual0 )hese ecisions then allow ?rms to reuce their emissions graually u1 tothe incremental cost reecte in the car;on 1rice they a11ly0 9hy woul com1anies o thisZ

Economists wiely argue that im1osing a 1rice on greenhouse gas emissions, suchas through a ta- on the car;on content of fossil fuels, is a crucial measure to controlthe growing ris* of glo;al climatic isru1tion0 Car;on shaow 1ricing is an e-1licitway to antici1ate such future 1olicies an avoi strane or ineHciently allocateca1ital0 By analy=ing ca1ital e-1enitures an other im1ortant cor1orate 1lans with an eye to future regulatory or

ta- conitions, ?rms can manage the economic ris* of a car;onAconstraine future anassure shareholers an the SEC they are a11ro1riately forwarAthin*ing0 )his is

1articularly im1ortant for com1anies that invest in energyAintensive longAlive facilities such as 1ower 1lants an oil



re?neries0 Secon, shaow 1ricing is a concrete way to signal to investors an the 1u;licthat a ?rm ta*es its commitment to climate change mitigation seriously0 It can also

inuce more consistently costAe"ective a;atement than alternative a11roaches such as targets for renewa;leenergy 1rocurement or internal energy eHciency stanars0 ! 345/ re1ort ;y C.P (formerly the Car;on .isclosureProGect7 ienti?e over thirty com1anies Yincluing large electric utilities, maGor integrate energy com1anies,technology com1anies, airlines, an moreY that set an internal 1rice on greenhouse gas emissions associate with

their activities0 %raually, stanar a11roaches for car;on shaow 1ricing are emerging,

;ut methoologies are not nearly as evelo1e for shaow 1ricing as they are forgreenhouse gas emissions inventories0 )he 1rice 1er metric ton of car;on io-ie emissions that

?rms a11ly ranges ;etween a;out N to N4, an their a11roaches vary ;y year, sco1e of coverage, an 1ricing

methoology0 Co&anies tat $is to ado&t sado$ &%i#ing ave )e$ &ubi#

e?a&es o) o$ to do it;



**Ca%bon 8a?es –Revenue Neut%aCounte%&an4 8e United 9tates Fede%a ove%nent soud

institute a %evenue>neut%a ta? on te #a%bon dio?ide #ontent

o) )ossi )ues3 at a %ising statuto%( %ate based on te so#ia

#ost o) #a%bon dio?ide eissions;A #a%bon ta? is )ai% and gua%antees a t%ansition into a

sustainabe e#ono(

Reit:e 200H (!rnol 9 [Prof of Jaw # of tah, 1rof emeritus of law # %eorge

9ashington' Feeral Control of Car;on .io-ie Emissions+ 9hat are the <1tions*f7

Coal is a mi-ture of various chemicals0 ! ty1ical coal molecule is C[5/'&[54'<0 %asoline also is a mi-ture ofhyrocar;ons0 Inoline is a common fuel an is e-1resse as C[D'&[5/'0 :atural gas is a mi-ture that may containethane (C&[/'C&[/'7, 1ro1ane (C&[/' C&[3' C&[/'7, ;utane (C&[/' C&[3' C&[3' C&[/'7 or other similar gases0 )heratio of car;on to hyrogen ;ons is a;out thirteen to ten for coal, seven to thirteen for gasoline, an two to ?ve for;utane0 Because coal has fewer hyrogen atoms 1er car;on atom than oil or natural gas, it 1rouces more car;on

io-ie 1er Btu than the other fossil fuels0 Because the car;on to hyrogen ratio varies among fuels, a car;on ta-shoul ;e im1ose on natural gas, 1etroleum an coal in a ratio of a11ro-imately 40N, 40 an 5 1er Btu

res1ectively0 )his means that a car;on ta- woul im1act those who use coal far more thanusers of 1etroleum or natural gas0 )o 1rouce a *ilowatt hour of electricity results, on average, in

emission of 40LD l;s of car;on from coal, 40LM l;s of car;on from 1etroleum, an 40/N 1ouns of car;on from naturalgas0 n53 )he car;on from any fuel reacts with [35' o-ygen in the air in a three to eight ratio ;y weight0 n5/4 )hus, for e-am1le, ;urning a gallon of gasoline weighing N0/3 1ouns will release L0MD 1ouns of car;on, which willcom;ine with o-ygen to create a little over twenty 1ouns of C<[3'0 _ In the nite States we ta- la;or an savings,

which are activities that we shoul see* to encourage0 )a-es shoul ;e im1ose on activities wewish to iscourage, such as 1ollution an fossil energy use0 )he im1act that car;onta-es woul have on the national economy e1ens 1rimarily on how the revenuesfrom the ta- are use, an what other ta-es are a"ecte0 )a-es on %&%s coul ;e evelo1e that are

revenue neutral0 )he ;est a11roach woul ;e to return the money collecte e>ually to

every citi=en0 )hose who 1urchase less than the average amount of energy woul;ene?t ?nancially0 ltimately, the economic an environmental ;ene?ts of a 1ollutionta- are etermine ;y how it is esigne an im1lemente0 n5/5 !n ieal ta- woul ;e set

at the lowest amount that moi?es ;ehavior ;ut that oes not have an unacce1ta;le averse im1act on thosesu;Gect to the ta-0 n5/3 )his may not ;e 1ossi;le to accom1lish0_ ! car;on ta- has avantages an isavantages,

;ut its avantages ma*e this a11roach a useful 1olicy choice0 n5// It woul 1romotefuel eHciency, 1rovie a wie variety of o11ortunities for energy conservation, an;e 8resilient an e>uita;le8 ;ecause its im1acts woul ;e i"use , thus easing the;urens on sensitive sectors of the economy such as the automo;ile an farminginustries0 n5/M ! car;on ta- woul ;e less regressive than other energy ta-es, such as a gasoline ta-, ;ecause

the 8wealthy consume a greater share of electricity an @intermeiate energy@ from

manufacture goos than gasoline08 n5/L ! ta- on coal, 1etroleum an natural gaswoul ;e share more e>ually an generate the same revenue as a much largergasoline ta-0 )he isavantage of a car;on ta- woul ;e its is1ro1ortionate e"ect on the coal inustry an

[33' their customers ;ecause coal contains more car;on than other fossil fuels of e>ual heat values0 n5/N Coal is1rouce omestically, an reucing its use woul aversely im1act the 0S0 economy0



>>?t Coitent 9oves8e #ounte%&an deonst%ates a?iu #oitent – on(

soution to $a%ing

Reeves 2015 'Ri#a%d S9enio% )eo$ o) E#onoi# 9tudies

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ta?es>#oitent>devi#es>%eeves_

%ssid!LatestF%oB%oo.ings\ .d)

)he economic an environmental cases for a car;on ta- are very strong0 ! car;onta- coul hel1 to raise 1rouctivity in *ey sectors, as well as hel1ing to reuceemissions, as 9illiam %ale has 1ointe out on these 1ages an !ele orris has argue in a series of 1a1ers0`

Car;on ta-es attract 1ro1onents from commentators on the 1olitical left an 1olitical right, ;ut few e-1ect to see anational car;on ta- anytime soon (inee, the ;est ho1e may now ;e at the state or metro level70 )his is ;ecause

the shortAterm 1olitics are iHcult0 Climate change is an e-am1le of a myo1ic 1olicy area,re>uiring longAterm ecisions ;ut vulnera;le to shortAterm 1olitical 1ressures 0` Since

the costs of heating the 1lanet will ;e incurre at some uncertain 1oint in the future, the tem1tation to elay anyaction is strong+ es1ecially when it involves shortAterm 1olitical 1ain0 So the gas can gets *ic*e own the roa0` !seconomist !lan Bliner 1uts it in Foreign !"airs+` Tyo1ia is a serious 1ractical 1ro;lem for emocraticgovernments ;ecause 1olitics tens to 1rouce short time hori=ons AA often e-tening only until the ne-t election, ifnot Gust the ne-t 1u;lic o1inion 1oll0 Politicians as*e to weigh shortArun costs against longArun ;ene?ts maysystematically shortchange the future0` Energy an climate change 1olicy is such a 1ractical 1ro;lem0 It is also anarea where consistency an relia;ility in 1olicy is su;stantively im1ortant, most o;viously in terms of ca1ital

allocation0 !s I argue in a new 1a1er, lysses goes to 9ashington, one solution to the 1ro;lem ofmyo1ia is a 1olicy commitment evice, that ;ins 1olicyAma*ers to a longAterm1ath0 )hese evices inclue institutions (eg0 the Fe, or the Base Closure an Realignment

Commissions7 an the setting of goals (eg0 withrawing from !fghanistan ;y 345M70` ! *ey feature of

a 1olicy commitment evice is e-it 1ain0 Byran, Karlan an :elson e?ne a commitment evice as,T!n arrangement entere into ;y an agent which restricts his or her future choice set ;y ma*ing certain choicesmore e-1ensive0 ` 9hat *in of 1olicy commitment evice coul ;e e1loye to reuce car;on emissionsZInternational agreements have ;een shown to ;e wea*0 )here are a range of other conteners, ranging from aTcar;on central ;an*, with 1ower to set car;on emission levels the 1assing of Tcar;on ;ugets car;on ;onsca1 an trae systems targets for reuction of car;on emissions or the esta;lishment of ine1enent agencies to1rovie 1u;lic avice to governments0 Each im1lies a i"erent egree of commitment each also has their

avantages an isavantages0 )he tighter commitment evices are ;eyon the wilestreams of the greenest 0S0 cam1aigner on the other han, the wea*er ones havelittle traction0` ! car;on ta-, in aition to its other attractions, coul ;ring commitment;ene?ts0 9hile 1oliticians love to 1osition themselves as antiAta-, history shows that once a ta- isesta;lishe, it is highly unli*ely to ;e a;olishe0 )he only way to get ri of a ta-, an there;y lose

the associate revenue, is to cut s1ening or raise ta-es elsewhereYeither of which carries some 1olitical cost0`

)here are two ways to further increase the commitment value of a car;on ta-0 First,all revenues coul ;e use to cut income ta-Yshifting towars ta-ing Twhat we;urn, not what we earn0 If a;olishing the ta- meant increasing income ta-, it woul ;e more li*ely to

remain in 1lace0 ` Secon, as !ele orris an !1arna athur suggest, ?rms coul ;e encourage to1ay their car;on ta- ;ills in avance, 1erha1s through the use of traa;le ta- com1liance creits0

)his woul create a constituency with a veste interest in the maintenance of theta-0` In an ieal worl, legislators an e-ecutives woul wor* together toconsistently aress longAterm 1ro;lems with sustaina;le 1olicy solutionsYan



voters woul rewar them for oing so0 But li*e the rest of us 1oliticians often iscount tomorrow too

heavily0 <n an issue as im1ortant as the future of the 1lanet, 1erha1s we can ho1e that they mightsee the wisom of greater commitment, an the e1loyment of a commitmentevice0



>>?t> Cean 8e#P%i#e gua%antees )%o te CP #auses %ene$abe innovation

su 2011(ShiAJing [Jarson Professor Floria State niversity College of Jaw' )he

case for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 1 D4

*f7

First, a car;on ta- introuces a steaier 1rice signal that woul generally not ;e 1resent in a ca1A

anAtrae 1rogram0 )a- levels an ca1 levels can ;oth change, ;ut ;oth can ;e too lenient or too stringent0 But allother things ;eing e>ual, a ca1AanAtrae 1rogram 1resents one e-tra source of 1rice volatility+ the fact that it is

regulating a >uantity, an not a 1rice0 Innovation in new alternative technologies will generallyre>uire as sta;le a 1rice as 1ossi;le on car;on io-ie emissions 0 !t least for ris*Aaverse ?rms thin*ing of investing in innovations in, say, renewa;le energy , they willonly o so if the 1ay;ac*, or recou1ment of the investment from savings from not 1aying for car;on

io-ie emissions (through either car;on ta-es or for emission allowances7, is suHciently >uic* ansecure0 !ll other things ;eing e>ual, the shorter the 1ay;ac* 1erio an the more certain

the 1ay;ac*, the more attractive is the investment0 Ris*Aloving investors may ;e willing to invest when the

1ay;ac*s are volatile, ;ut in general, investment ollars are more a;unant for 1roGects that yiel a steaier streamof ;ene?ts0

Ca%bon ta?es ead to innovation

su 2011(ShiAJing [Jarson Professor Floria State niversity College of Jaw' )hecase for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 1 D3A/*f7

! secon reason that a car;on ta- stimulates more innovation than a ca1AanAtrae 1rogram is that, over time,innovation will reuce the 1rice of allowances, an if innovation is successful enough it will chea1en the 1rice of

allowances so that innovation will no longer ;e worthwhile0 Firms innovate to reuce com1liance costs, an they willnot o so if the marginal com1liance cost savings are too small to 1ay for the innovation0 Since innovation willreuce the cost of emissions allowances, there comes a 1oint eventually at which the marginal com1liance cost

savingsY the cost of allowancesY are outweighe ;y costs of innovation0 For car;on ta-es, the marginalcom1liance costs savings oes not change unless the ta- rate changes0 In this way, asteay ta- rate 1rouces a steaier 1rice signal than a ca1AanAtrae 1rogram0 <f course, ;oth

ca1AanAtrae 1rograms an car;on ta- 1rograms contem1late increasing stringency over time0 )he 344 9a-manA

ar*ey ;ill s1eci?e a eclining ca1 on emissions0 Car;on ta- 1rograms woul contem1late anincreasing 1rice over time, to aGust for ination an to trac* marginal amagesfrom car;on io-ie emissions, which are e-1ecte to increase over time0 9hile ;oth 1rograms

contem1late a 1rice that increases with time, only ca1AanAtrae 1rograms have to ?ght the 1riceAeating e"ectsof innovation0 )here is a thir an ?nal reason, relate to the secon, that a car;on ta- stimulates more innovationthan a ca1AanAtrae 1rogram, which is only true if a ca1AanAtrae 1rogram gives away allowances instea of

auctioning them0 In a ca1AanAtrae 1rogram in which some entities are given allowancesY either on the ;asis ofhistorical emissions, or sim1ly as a 1rouct of 1olitical horseAtraing, as was the case uner the 9a-manAar*ey ;illY the incentives to innovate will ;e ilute ;ecause innovation reuces the value of those allowances0 )he freeallocation of allowances creates an asset in the hans of emit ters, something that oes not ha11en uner a ta-regime0 )he fact that innovation coul reuce the value of that asset is a isincentive for costAsaving innovation055/ It coul still ;e, of course, that few innovations are truly great enough to signi?cantly change the mar*et forcom1liance0 In such cases, the 1rivate ;ene?ts of innovationY from either technological invention or 1rocesschangesY are 1ro;a;ly still great enough to outweigh whatever iluting e"ects the innovation might have on the

value of allowances0 &owever, some technological innovations coul ;e so monumental thatthe way that an inustry thin*s a;out com1liance coul funamentally change , such



that allowance 1rices coul 1lummet0 Imagine a ;rea*through for car;on emissions+ for e-am1le,

a technological ;rea*through in ;attery technology that coul ramatically increaseenergy storage ca1a;ilities, ma*ing all *ins of renewa;le technologies feasi;le, since location an

intermittency woul no longer 1ose logistical o;stacles to ao1tion0 It seems safe to say that the coalA?re utilities,which receive /L 1ercent of the initial allocation of allowances (worth a;out 544 ;illion7 uner 9a-manAar*ey,may not ;e >uite as engage in the evelo1ment of such technology as it woul ;e if, uner a car;on ta- regime, ittruly ha to 1ay for every ton of C< 3 it emitte0



>>?t 9oves @oatiit(A #a%bon ta? soves voatiit(

e%% 2010 (!le- Rice [!le- hols a $0.0 from the niversity of Colorao School of Jaw (3447 an a B0!0 from

!mherst College (344/7 where he grauate magna cum laue' 9hy we nee a car;on ta- /M Environs Envtl0 J0 QPol@y $0 N *f7

! car;on ta- can ma-imi=e the o;Gectives iscusse a;ove ;ecause it fosters e-1erimentation an rewarsnumerous solutions simultaneously0 )he e-act metho of im1lementing a car;on ta- is the su;Gect of a i"erentarticle0 n53/ )here are many 1ossi;ilities, such as an aAon ta- or a revenue neutral ta-0 <ne im1ortant iea in

any a11roach is the im1osition of a varia;le ta- rate that uctuates to *ee1 the 1rice of oil sta;le0 )he ta-shoul ;e higher when oil 1rices ro1 an lower when 1rices rise0 n53M Kee1ing the1rice of oil at a sta;le, high 1rice creates a consistent ;enchmar* that new energysources can aim for in achieving 1rice 1arity0 n53L Such a system woul am1enthe ;oom an ;ust volatility of innovation that rives investors away 0 n53N For e-am1le,

renewa;le energy e-1loe in the 5D4s when oil 1rices s*yroc*ete0 n53D uch of the solar an wintechnology ;eing 1ursue toay originate from the 8D4s energy crisis 0 )hat technology,

however, was largely shelve until recent recor oil 1rices of 5L4 1er ;arrel re*inle interest0 n53 !s if to 1rovethe 1oint, a 344 1lunge in oil 1rices swiftly am1ene the 1ros1ects of many renewa;le energy ;usinesses0 n53

8e &%edi#tabiit( o) a #a%bon ta? soves voatiit(

aiton 2011 (So1hia [Sym1osium Eitor for Pe11erine@s $ournal for

Business, Entre1reneurshi1 Q the Jaw' 9&E: SCIE:)IFIC P!JERS n5 !KEP<JICV+ )&E IP!C) !:. F)RE <F C!PA!:.A)R!.E I: )&E :I)E. S)!)ES M $0Bus0 Entre1reneurshi1 Q J0 3N *f7

Early in 344, E--ono;il@s chief e-ecutive, Re- )illerson (8)illerson87, announce his su11ort of a car;on ta-

system that woul aim to reuce car;on emissions as an alternative to a ca1AanAtrae system0 nM45 88!car;on ta- woul ;e a more irect an trans1arent a11roach,@8 )illerson sai0 nM43 )his is ;ecause the cost

im1ose on com1anies ;y the ta- woul ;e 1reicta;le0 nM4/ !nother nota;le su11orter of a car;on ta-, anone of the most 8highA1ro?le s1o*esmen for the [/54' virtues of a car;on ta- over a ca1AanAtrae 1rogram,8 nM4Mhas ;een Peter <rs=ag (8<rs=ag87, the current .irector of the <Hce of anagement an Buget0 nM4L In a 344Dre1ort to the 0S0 &ouse of Re1resentatives iscussing ;oth the ca1AanAtrae system an a car;on ta-, <rs=ag

state that 8a ta- is generally the more eHcient a11roach08 nM4N &e ;ase this conclusion on

several factors0 First, <rs=ag note that stuies inicate that over the ne-t few ecaes 8a wellAesigne ta-

woul yiel higher net ;ene?ts than a ca1AanAtrae a11roach08 nM4D )his is 1artly ;ecause 8[a' ta- createsrelative certainty a;out the cost of emission reuctions each year, ;ecause ?rmswill unerta*e such reuctions until the cost of ecreasing emissions ;y another ton

Gust e>uals the ta- on an aitional ton of emissions08 nM4 ! ca1AanAtrae 1rogram, ;y

contrast, relia;ly limits the >uantity of car;on regarless of cost0 nM4 &owever, <rs=ag 1oints out that, in terms ofthe im1act emission reuctions have on the climate, 8it oes not matter greatly whether a given cut in emissions

occurs in one year or in the ne-t08 nM54 )a*ing this into account, he 1oints out that a ta - woul have an8im1ortant avantage+ it [woul' allow[' emission reuctions to ta*e 1lace in yearswhen they are relatively chea108 nM55 :umerous factors, such as weather, level ofeconomic activity, an availa;ility of lowAcar;on technologies, can a"ect the cost ofreucing emissions from year to year0 nM53 8By shifting emissionAreuction e"orts into years when

they are relatively less e-1ensive, a ta- can allow the same cumulative reuction to occur over many years at lower

cost than can a ca1AanAtrae 1rogram with s1eci?e annual emission levels08 nM5/ !lso, ;ecause a ta- woulavoi 1otential volatility of allowance 1rices, a ta- 8coul ;e less isru1tive for



a"ecte com1anies08 nM5M It seems that even a small amount of savings an sta;ility woul a11eal to

;usinesses an inustries in the nite States0



at4 Rene$abesRene$abe ene%gies a%e a t%a& $itin te #ea& ee#t%i#it(

%ationae/e&i%i#a( inee#tive


case for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 1 3/AL*f7

)he trou;le with so many 1lans to reuce greenhouse gas emissions is that they fall into this tra1 again+ that ca1italis neee to s1ur growth in some way that is esira;le, such as ;y su11orting the evelo1ment of Tclean coaltechnology0 !s note a;ove, Tre?ne coal even >uali?es for the renewa;le energy 1rouction ta- creit, giving

the 1hrase Trenewa;le energy an aventurous inter1retation only lawyers coul ?n sensi;le0 /N%overnment su;sii=ation of renewa;le energy technologies may seem moreesira;le on the grouns that the few environmental costs are more thanoutweighe ;y the 1ros1ects of reucing car;on io-ie emissions0 )his , however, isangerously close to the Tchea1 electricity rationale that sustaine coalevelo1ment for such a long time0 In S1ain, where the government em;race solar energy as an en

in an of itself, e-tremely generous government incentives create not only a national glut, ;ut a worlwie glut for

solar 1anels0 )he :ew Vor* )imes re1orte that solar 1anel manufacturing 1lants in S1ain ;egan 1roucing toomany solar 1anels an of 1oor >uality, only to have the S1anish government ;elately learn that it coul not a"orto sustain this su;siy0 S1anish cities, towns, an local economies that s1route u1 aroun the solar 1anelmanufacturing inustry rie u1 overnight, leaving ;ehin new forms of economic islocation an harshi10 /D !n

in the rush to ;oost renewa;le energy, not much has ;een sai a;out the 1otentialenvironmental harms of these technologies0 :ot very much has ;een sai a;out theecological sie e"ects of win energy, such as its e"ects on willife that may ;eharme ;y tur;ines, or the e"ects of solar 1hotovoltaic energy (such as its e"ects on the esert ;iota or

the to-ic materials generate ;y the semiconuctor fa;rication 1rocess7, ;ut these e"ects shoul have a fairhearing over the course of time0



at4 Rene$abes7Futu%e 8e#8e #ounte%&an is #o&a%ative( bette%> on( a %is. te a

o#.s in a bad te#


case for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 1 M/A*f7

)he overloo*e anger is that ;y su11orting s1eci?c renewa;le energy technologies now,we run the ris* of e"ectively loc*ing them in for ecaes , an 1erha1s missing thechance to ?n renewa;le technologies with even smaller car;on or environmentalfoot1rints0 9in tur;ines have an e-1ecte lifes1an of twenty to twentyA?ve years, / solar

1hotovoltaic 1anels a;out the same0 / !lthough these seem li*e environmentally aneconomically sensi;le renewa;le energy technologies, what will ;e learne in thene-t twenty or thirty yearsZ !lreay, concentrate solar 1ower has emerge as a 1ossi;ly chea1er an

sim1ler alternative to the 1reviously ominant solar technology, 1hotovoltaic solar energy0 M4 Environmentalorgani=ations, oriente ;y their missions to Tget things one, have again fallen into the tra1 ofweing themselves to certain technologies0 )oays environmental savior may ;etomorrows environmental 1ariah, an the 1ro;lem with manating an e-1ensive environmental

technology is the economic irreversi;ility of ca1ital e-1enitures0 ! recent technological manate sought ;y someenvironmental grou1s was Integrate %asi?cation Com;ine Cycle technology, a technology that gasi?es coal so asto ;e a;le to se1arate out the car;on for later ca1ture an se>uestration unergroun0 )he :atural Resource.efense Council an other organi=ations sue the EP! to force it to re>uire I%CC as 1art of any new coalA?re 1ower1lant as 1art of its T:ew Source Review 1rogram0 M5 Failing to learn the 1ast lessons of the :ew Source Review1rogram, the :R.C seeme to have overloo*e the 1ossi;ility that if coalA?re 1ower 1lants with I%CC wereactually ;uilt, car;on io-ie emissions might ;e a;ate ;ut ;etter an environmentally cleaner o11ortunities toreuce emissions woul ;e lost for generations0 Presuming that somehow we have ienti?e the T;est greenhousegas reuction ieas is angerous ;ecause we live with these ecisions for the ne-t twenty, thirty, or ?fty years0 It isfar less angerous to s1ur growth ;y ta-ing that which is unesira;le, than encouraging ca1ital formation arounthat which we thin*, at this time, is esira;le0 First, as argue a;ove, some measures to reuce greenhouse gases

o not involve ca1ital at all, ;ut are sim1le measures to conserve energy an use it more eHciently0 :o ca1italformation is necessary for 1eo1le to ?gure out how to rive less ;y ;unling tas*s,car1ooling, riing the ;us, ;icycling, or em;racing any num;er of other ways toreuce their trans1ortation emissions0 Secon, if incentives are re>uire to form ca1italaroun a meritorious ca1ital 1roGect that reuces greenhouse gas emissions, acar;on ta-, if it 1resents a sta;le enough of a 1rice signal, 1rovies the economicstimulus for 1rivate ca1ital to ow into those su11osely esira;le areas0 nerlying this

argument is the ;elief that 1rivate ca1ital is at least as a;le to iscern the value of investment as government0!mittely, at recent times 1rivate ca1ital has ;een s1ectacularly an wiely mista*en0 But it is har to ;elieve thatgovernment can actually o ;etter than 1rivate ca1ital over the long run in 1ic*ing clean technologies0 !n ?nally,as the climate change 1ro;lem is one that will 1lay itself out over the ;etter 1art of a century, it is essential to

maintain an o1en economy for innovation an for new technologies0 )o the greatest e-tent 1ossi;le,greenhouse gas 1olicy shoul not encourage the formation of e-1ensive ca1ital0 )o

the e-tent that it oes, it guarantees some Tstic*iness an some longevity that isin 1art ;orn of the iHculty of changing course0



at4 9ubsidiesCa%bon ta?es a%e #o&a%ative( bette% tan subsidiesAhigh energy costsAconservation

Asu;siies ta*e ta- 1ayer money, sens it to inustry c1 recycles money

Aa" A re;oun e"ect

su 2011(ShiAJing [Jarson Professor Floria State niversity College of Jaw' )hecase for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 1 /LAD*f7

)he case for government su;sii=ation is, as a theoretical matter, straightforwar0 !n un1rice e-ternality li*ecar;on io-ie emissions can ;e remeie ;y either a 1ositive 1rice im1ose ;y car;on ta-es or ;y a negative 1rice

create ;y su;sii=ation0 If we *now, for e-am1le, that lowering the car;on io-ie emissions fromthe energy sector will re>uire the evelo1ment an e1loyment of renewa;leenergy technologies, then it woul seem to ma*e sense to 1rovie government funing for win, solar, an

other renewa;le energy technologies0 )his woul ;e true whether the su;siy ta*es the form of a 1erAunit

1rouction su;siy, or irect funing for research an evelo1ment+ either way, the goal is to lower costs anconcomitantly lower 1rices0 Com1are, then, the e"ects of ta-ing car;on an of su;sii=ing renewa;le energy0 !t the

margins, raising the 1rice of car;onAemitting energy has the same com1etitive e"ectof lowering the 1rice (through su;siies7 of renewa;le energy0 )he net e"ect ofsu;sii=ing renewa;le energy instea of 1ricing car;on is a transfer of money fromta-1ayers to the entire energy inustryY to the renewa;le energy inustry through su;siies, an to

the car;onAemitting energy inustries ;y not ta-ing them0 Since 1ricing car;on woul raise energy 1rices, the nete"ect on the average 1erson, who is ;oth a ta-1ayer an an energy consumer, woul a11ear to ;e roughly a wash0

)here are three core 1ro;lems with this argument0 First, an most sim1ly3 ige% ene%g( &%i#es a%e

needed to s&u% ene%g( #onse%vation0 Jow energy costs unermine incentives toma*e inustrial 1rocesses more energyAeHcient, rive less, ;etter insulate homesan construct more energyAeHcient ;uilings, an to evelo1 an sell (an ;uy7 energyA

eHcient a11liances0 Energy conservation measures may in fact turn out to ;e the greatest source ofgreenhouse gas reuctions0 ! recent re1ort ;y the consulting ?rm cKinsey foun that some fairly routine an wellA*nown energy conservation measures coul 1rouce a who11ing N4 ;illion ollars worth of net energy savings,an reuce 1roGecte energy eman ;y the year 3434 ;y 3/ 1ercent0 34 any energy conservation measuresactually have a negative a;atement costY that is, their energy savings e-ceee the amorti=e cost of the u1frontinvestments0 )hese inclue insulation retro?ts for resiential an commercial ;uilings (es1ecially the latter7,switching resiential lighting from incanescent ;ul;s to JE.s (lightAemitting ioes7, an ca1turing methaneesca1ing from lan?lls to generate electricity0 35 !s .ieter &elm has o;serve, a 1ro;lem with climate 1olicy is thatit has ;y an large focuse on reucing greenhouse gases from 1rouction, an not consum1tion0 33 Reucingconsum1tion oes not soun li*e a goo thing for loveAstarve 1oliticians who have no stomach to cur; energy

consum1tion through ta-ation, even as we waste energy in minA;oggling ways0 But the sim1le truth isthat e"orts to com;at climate change will ;e unsuccessful without ste1s to reuceconsum1tion0 !n there is nothing as e"ective as higher 1rices if the goal is to reuce consum1tion0 Secon,

there is a limit on how low energy 1rices can ;e mae through su;sii=ation0

Jowering the 1rice of renewa;le energy lowers the eman for fossil fuels0 Butlowering eman for fossil fuels means that it will lower the 1rice of fossil fuels0 !

lower 1rice for fossil fuels encourages its use, e-actly what we ont want0 )his Tre;oun e"ect oflowering fossil fuel 1rices ;y su;sii=ing its alternatives am1ens the e"ectivenessof su;siies in altering consum1tion choices0 Re;oun e"ects for various renewa;le fuel stanars

1olicies in the nite States are estimate to ;e on the orer of a >uarter to a thir of reuce emissions0 3/oreover, at a certain 1oint, energy 1rices ;ecome so low that they ;ecome irrelevant0 If, hy1othetically, you ha achoice ;etween ;uying electricity from a coalA?re 1lant for /0D cents 1er *ilowattAhour or ;uying electricity from awin farm for /0M cents 1er *ilowattAhour, which woul you choseZ )he answer coul well ;e, Twho caresZ For



many energy consumers, the savings oes not Gustify the time neee to investigate0 Such is the 1ushingAonAaA

string e"ect of trying to lower 1rices for everyone instea of raising them0 So while_ higher ta-es anlower energy costs may seem to ;e a wash, they are not0 )hir, the e"ectiveness of governmentsu;siies assumes without Gusti?cationY in fact, in the face of a mountain of evience to the

contraryY that it is 1ossi;le to ientify the T;est renewa;le energy technologies, or ingeneral the T;est ieas to reuce greenhouse gas emissions0 )oo often, legislators thin*

they catch win of a great ieaY such a revolutionary way of oing something that they can harly resist thetem1tation to len some assistance (all the ;etter if the iea comes from a constituent or 1otential onor70 Itre>uires a ;it of gulli;ility to ignore the failure of these su11osely great ieas to attract suHcient 1rivate ?nancing0 )he anger is not so much in the waste of ta-1ayer ollarsY this is aresse in another 1art of this cha1terY ;utthat emissions reuctions will ;e ;oth smaller an costlier than if a ;etter instrument was use0 worth noting a fewinstances in which su;sii=ation may ;e o1tion0 Some greenhouse gas 1ro;lems are genuinely iHcult aresswithout a carrot (su;siy7, rather than a stic* (ta-70 For e-am1le, it is har to imagine a regulatory scheme ealingcom1rehensively an e"ectively with the 1revention of eforestation, which accounte for 53 1ercent ofgreenhouse gas emissions in 344L0 3M &ow, for e-am1le, is any;oy to sto1 the eforestation of the !ma=onrainforest ;y those that either legally or illegally have the a;ility to cut own treesZ 9here state enforcement ofillegal logging has ;een 1oor, the o"er of 1erioic cash 1ayments to 1rivate iniviuals to *ee1 trees staning may;e more e"ective0 In situations involving 1oor enforcement mechanismsY most 1rominently in evelo1ingcountriesY the infusion of money may ;e re>uire0 In some evelo1ing countries, there is insuHcient economicwealth for mar*ets to actually e-ist, so that mar*et mechanisms o not create mar*ets at all0 %enerally, however,su;sii=ation as a governmental 1olicy on reucing greenhouse gases has not ;een targete at evelo1ing

countries, or other situations in which su;siies genuinely wor* ;etter0 %overnment su;sii=ation has

;een mere 1olitical grease, an overuse salve for the 1erceive 1ain from the 1ros1ect of economic restructuring 0Rather than actually minimi=e the 1ain, however, it merely shifts it into onto unwittingta-1ayers, current an future0 %overnment su;sii=ation shoul ;e viewe withs*e1ticism, rather than ;eing the 1resum1tive ?rst o1tion0

9ubsidies a%e a $aste o) one(> nea%( an(ting #an be

#onside%ed a +%ene$abe ene%g(,


case for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 1 3/AL*f7

Finally, there is never any shortage of 1ro1osals that involve, to varying egrees of chut=1ah, government su;siiesfor various 1rograms or 1roGects that may or may not lower greenhouse gas emissions, ;ut at least 1ur1ort to o so0

In theory, government su;siies coul accom1lish the e-act same things as car;onta-es or ca1AanAtrae 1rograms0 9hile car;on ta-es an ca1AanAtrae 1rograms see* to raise the 1rice of all

things car;on, su;siies see* to lower the 1rice of things noncar;on or lowerAcar;on0 !ll

of these 1rograms see* to aress e-ternalitiesY costs that result from an action that are not fully ta*en intoaccount0 Pollution e-ternalities are thus the costs of 1ollution that the 1olluter oes not fully consier when eciing

how much an how to 1rouce0 By raising the 1rice of car;on emissions, car;on ta-es an ca1A

anAtrae 1rograms see* to internali=e the e-ternality of car;on io-ie emissionsY the

contri;ution to climate change mae ;y the emitter, ;e it a large inustrial emitter as it ma*es ecisions a;out

1rouction, or ;y an iniviual as she ecies whether to rive or ta*e the ;us to wor*0 ! car;on ta- or a ca1AanAtrae 1rogram woul raise the cost of emitting, inucing the inustrial emitter to 1rouce less or emit less, an

ma*ing riving more costly for the commuter0 ! su;siy might internali=e the e-ternality ;yrewaring the emitter for emitting less, or rewaring the commuter for ta*ing the ;us ;y reucing

her fare0 <n the ;lac*;oar, then, one might see ta-es an su;siies as mirror images of the same 1riceAoriente

a11roach0 In 1ractice, su;siies raise a num;er of issues that ma*e them much lesse"ective an much more costly than either car;on ta-es or ca1AanAtrae 1rograms0 is worth

istinguishing ;etween two *ins of government su;siies in the climate change conte-t+ 1riceAoriente su;siiesan research an evelo1ment funing0 PriceAoriente su;siies are commonly aware to some renewa;le energysources0 Certain s1eci?c renewa;le energies enGoy the ;ene?t of a 1ayment for every *ilowatthour of electricity



generate0 5D tili=e in this way, su;siies really o internali=e an e-ternality generate ;y greenhouse gasemission0 Burning fossil fuels an emitting car;on io-ie is forgoing a marginal ;ene?t in the form of the 1erAunit

su;siy0 )wo things are worth noticing a;out this *in of su;siy, however0 First, o"ering a su;siy forrenewa;le energy re>uires a e?nition of Trenewa;le energy0 In the Internal Revenue Coe,

the 1rouction ta- creit a11lies to Tcertain renewa;le resources, (em1hasis ae7 which inclues Tre?ne coal,which must ;e certi?e ;y the emitter as 1roucing a T>uali?e emission reuction0 5 It e-clues many otherrenewa;le energy technologies that have not yet ;een iscovere or ;een recogni=e ;y lawma*ers as having

economic or environmental 1otential0 Secon, the su;siy oes not necessarily scale with the environmental harm1revente, li*e a car;on ta- oes0 ! renewa;le energy su;siy hel1s all renewa;le energy sources as against anyenergy source not on the list of recogni=e Trenewa;le resources0 )hus, it 1rovies a com1arative avantage asagainst all fossil fuel sources, without iscriminatingY car;onAintensive coal an much less car;onAintensive naturalgas are isavantage e>ually0 In fact, e1ening on how Tre?ne coal is treate, an electricity 1roucer coul

receive a su;siy for ;urning coal instea of natural gas0 ! secon *in of su;siy in the climatechange conte-t is irect government su11ort of research an evelo1ment,incluing the funing of 1ilot 1roGects an 1rototy1es 0 )he su;sii=e 1roGects are ;elieve, in

the long run, to hel1 lower emissions0 For e-am1le, a great eal of attention an governmentsu11ort is currently o"ere for evelo1ment of Tcar;on ca1ture an se>uestrationtechnology, which see*s to suc* out the car;on io-ie from fossil fuel com;ustion

(mostly coal7 at some stage, an store it in lea*1roof containers or unergroun

caverns, where it will not a"ect the Earths climate 0 )his ty1e of su;siy see*s to aress the1u;lic ;ene?ts of research an evelo1ment, ;oosting activity ;ecause it may 1rouce *nowlege an iscoveriesin a mar*et that oes not fully rewar such 1ursuits0 It also recogni=es that research an evelo1ment with res1ectto lowAcar;on technologies is ou;ly unerAsu11lie since, in the a;sence of a car;on 1rice, mar*ets o not yet fullyrewar the evelo1ment of lowcar;on technologies0 !n almost uncounta;le num;er of other seemingly greenhousegasAreucing 1rograms, initiatives, 1roGects, an research ieas also vie for 1u;lic monies0 Su;siies ta*e on a verywie variety of forms, an are iHcult to e?ne0 Even the S feeral home mortgage interest euction is asu;siy0 In this ;oo*, however, a government su;siy is e?ne as a 1olicy with two characteristics+ an e-1licitreference to car;on io-ie or another greenhouse gas, an an e-1licit reference to government funs0 In otherwors, the e?nition of su;siies is limite to those with relatively irect 1rice tags0



at4 CC98e &an is a ast>dit# eo%t to save te #oa indust%(3 te

#ounte%&an is #o&a%ative( bette%


case for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 1 LNA*f7

Both the nite States an Canaa a11ear heae own this treacherous 1ath again0

!nother im1ening an 1otentially misguie government initiative is thesu;sii=ation of Tcar;on ca1ture an storage technology0 TCar;on ca1ture refers to the

ca1ture of car;on io-ie emitte as a result of any com;ustion 1rocess, while Tstorage refers to the 1ermanentcontainment of the car;on io-ie, so that it oes not enter the atmos1here an contri;ute to climate change0Car;on io-ie woul ty1ically ;e inGecte into unergroun T1ore s1aces where it woul ;e store for, it is ho1e,

eternity0 9hile the car;on ca1ture an storage conce1t may ;e a11lie to all inustrialcom;ustion 1rocesses (an even for some noncom;ustion car;onemitting 1rocesses7, most of theiscussion an technological evelo1ment has ;een for coalA?re 1ower 1lants0 )he

technology seems attractive, salvaging trillions of ollars of ca1ital worlwiewra11e u1 in fuel com;ustion, an what enthusiastic 1olicy won*s woul call a 1otential TgameA

changer0 Some have li*ene the urgency of evelo1ing car;on ca1ture an storage to the evelo1ment of theatomic ;om;0 In a 344 oor s1eech, S Senator Jamar !le-aner sai Twe shoul launch another miniAanhattanProGect an reserve a :o;el Pri=e for the scientist who can get ri of the car;on from e-isting coal 1lants, ;ecause

coal 1rovies half our energy0 N/ But the lofty rhetoric seems mis1lace for a technology thatremains 1rohi;itively e-1ensive0 !s recently as 344, emonstration costs remaine inthe range of N4 to 4 Euros 1er ton of C< 3 store (a11ro-imately to 5/5 S ollars 1er ton NM 7,

;ut were e-1ecte to Tcome own to a;out /4 to ML Euros 1er ton ;y 34/4 (a11ro-imately ML toN3 1er ton, using a 3454 currency conversion70 NL Even if this ;ears out, this woul still ;e much

more e-1ensive than many o=ens of other emissions a;atement an reuction strategies, even notoriouslye-1ensive nuclear 1ower0 NN oreover, the 1hysical challenge of ca1turing an storing even a moest amount of!merican car;on emissions is staggering0 )he nite States currently emits aroun 50L ;illion tons 1er year of

car;on from coalA?re 1ower 1lants, ND an the worls largest se>uestration 1roGect, at the Slei1ner gas ?el in the:orth Sea, is se>uestering 5 million tons a year of car;on io-ie, or a;out 404N 1ercent of nite States emissions0

N If car;on ca1ture an storage were to ca1ture all of the car;on io-ie from ScoalA?re 1ower 1lants, the total weight that woul nee to ;e trans1orte woule>ual three times the annual volume of natural gas trans1orte in the nite States;y 1i1eline0 .r0 $oan Brennec*e, irector of the :otre .ame Energy Center where researchers have ;een

wor*ing on car;on ca1ture an storage technology for years uner .<E grants, laments that es1ite recentavances, economical car;on ca1ture technology is still at least a ecae away from commercial a11lication,

remar*ing that Tno matter what, it is going to ;e 1ainful to o C< ca1ture0 N 3 It is surely telling that aninustry consortium forme to 1ursue an su11ort a 1ilot car;on ca1ture anstorage 1roGect, Future%en, lost two of its ;iggest inustry ;ac*ers, the two largest electricity 1roviers in the

nite States+ the !merican Electric Power Com1any an the Southern Com1any, in the face of the high costs ofevelo1ment0 D4 %iven these challenges an set;ac*s, it seems slightly overenthusiastic to call for another

anhattan 1roGect for such an e-1ensive techni>ue, an one that has ;een stuie for ecaes with isa11ointingresults0 <nce again, an e-1ensive iea has emerge from the convergence of 1olitics, rentAsee*ing, an theconvenient illusion that government can 1rovie (i0e0, fun7 a solution0 :ot all of the motivation is scanalous+ thetem1tation for such an im1ortant 1ro;lem is to see the greenhouse gas reuction e"ort as a Twar, in which car;onca1ture an se>uestration can ;e a TgameAchanger in much the same way that the atomic ;om; was 1erceive to;e the gameAchanger neee to sto1 the !-is 1owers0 9ishful thin*ing creates a esire to ?n Tgamechangers0Recent technologies la;ele as gameAchangers inclue+ electric vehicle ;atteries, D5 electricity storage technologygenerally, D3 shale gas, D/ small nuclear reactors, DM nuclear reactors that ;urn s1ent fuel, DL unergroun coalcom;ustion, DN ocean thermal 1ower, DD a transmission line lin*age, D an %eneral otors 1lugAin hy;ri vehicle0

D Some of these coul actually ;e signi?cant ;rea*throughs0 But most often, &oiti#ians &%o&osing



te#noog( subsidies )o% s&e#uative te#noogies sees o%e i.e tebeavio% o) te destitute and des&e%ate3 sad( s&ending tei% ast doa%s

on otte%( ti#.ets instead o) unde%ta.ing te a%d $o%. o) #ange; :othing

insulates a 1olity from its governments a11etite for waste an 1roigacy, not even car;on ta-es 0 But at leasts1ening money is not the 1oint of a car;on ta-, as it is with a government su;siy 0

Inee, if the goal is to reuce greenhouse gas emissions, then a 1olicy instrument shoul raw on what

government oes wellY ta-Y rather than on what it oes 1oorlyY ma*e strategic mar*et ecisions0 9ith aworrying 1ro;lem such as climate change, it is too easy an too angerous to fall into the tra1 of thin*ing thatgovernments can T?- the 1ro;lem irectly, funing a 1otential Thome run or Tgamechanger0 4 It is harer tocreate the mar*ets that will s1ur evelo1ment of a solution, harer to trust mar*ets, an harest still to tell votersthat they have to hel1 1ay for the solution through higher 1rices0

8e &an is a ove b( &oiti#ians to ta.e advantage o) te

#ognitive dissonan#e o) te &ubi#


case for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 1 5D

*f7Peo1le are conicte a;out what to o a;out climate change0 <n the one han, a soli maGority of 1eo1le, evenCanaians an !mericans, favor action on climate change0 N5 Even though the 1u;lic continues to trail scientistsan 1ro;a;ly even 1oliticians in their unerstaning of climate change, they seem to have an intuitiveunerstaning that catastro1hic things coul ha11en if greenhouse gases continue to increase, an that avoiing

this ris* woul ;e goo 1olicy0 N3 <n the other han, climate change is usually trum1e ;y otherissues, most 1rominently economic ones, when 1eo1le are as*e to ran* them inim1ortance0 N/ So how oes one reconcile these two somewhat contraictory 1u;lic 1ositionsZ )he 1ath of least cognitive issonance is to ;e in favor of some granAsouning, an yet noto;viously 1ainful measures to aress climate change 0 &ence, there is a11eal toTlaunching a anhattan ProGect to 1erfect car;on ca1ture an storage, or the

government launch of a hyrogen fuel cell automo;ile 1roGect, or a su11osely TeconomyAwie ca1AanAtrae1rogram that covers all 1olluters0 )hese all soun gran enough to match the si=e of the climate change 1ro;lem,

an yet o not o;viously cost the ta-1ayer, the consumer, or the voter anything0 Politicians that stan togain 1olitical su11ort from 1ro1osing climate 1olicy are ha11y to nurture thesemis1erce1tions, an 1u;lic o1inion 1olls unwittingly assist them ;y su11lying surveyresults that 1er1etuate these mis1erce1tions0



at4 eoenginee%ingeoenginee%ing )ais> on( a #a%bon ta? soves


case for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 15MA5L

*f7Finally, e-clue from consieration in this ;oo* are aa1tation an geoAengineering measures0 !a1tation is thegeneral term for a wie range of things that can ;e one ;y a country to 1re1are for an aGust to life in a climateAchange worl, at least as it can ;est ;e foreseen0 !a1tation coul inclue, for e-am1le, relocation of 1o1ulationsaway from areas vulnera;le to tro1ical storms, or the genetic moi?cation of sees to yiel more roughtAresistant

cro1s, or the construction of sea walls to 1rotect a city from the intruing sea0 %eoAengineering measuresaim to irectly reuce the heatAincreasing e"ects of greenhouse gases, ;y eitherreucing atmos1heric concentration of greenhouse gases or ;y reucing theamount of solar raiation that is a;sor;e 0 Ji*e aa1tation, geo>enginee%ing#ons#ious( does not add%ess te sou%#es o) te g%eenouse gases;

P%o&osed geo>enginee%ing easu%es ave in#uded te &%ootion o)

o#ean aga g%o$t (which woul in theory ca1ture car;on io-ie from the atmos1here7, the launching of

tiny 1articlesi=e mirrors into the u11er stratos1here so as to reect sunlight an 1revent it from reaching theEarth, an sim1ly 1ainting roofs white so as to reect sunlight more e"ectively an increase the amount of heatthat is raiate ;ac* out into s1ace0 !s I have note in my other wor*, aa1tation an geoAengineering, es1itetheir own signi?cant ris*s, ;egin to loo* li*e more 1alata;le o1tions as international climate negotiations continueto founer0 3 )he 1ro;lem of international coorination among countries (which I argue in this ;oo* is ;estaresse ;y a car;on ta-7 currently seems challenging enough to warrant some iversi?cation of a11roaches toclimate change0 9hile the international legal community ;al*s at the unilateralism inherent in aa1tation an geoAengineering as a climate strategy, o1tions that o not re>uire glo;al an crosscultural 1olitic*ing ;egin to loo*attractive0 oreover, the 1otentially catastro1hic e"ects of climate change are such that a 1ortfolio of 1olicies is

li*ely re>uire0 / !ll that sai, it is most sensi;le from the 1ers1ective of greenhouse gasmitigation to ca;in o" these *ins of strategies from the >uestion of how to reuceemissions0 It is com1licate enough to consier what mitigation 1olicies shoul ;e1ursue, without com1licating the >uestion ;y aing in analysis of aa1tation an

geoAengineering measures0 )o reuce greenhouse gas emissions, I consier four main o1tions+ (57 acar;on ta- (37 traitional environmental regulation, sometimes referre to as TcommanAanAcontrol regulation,(/7 Tca1Aantrae 1rograms in which allowances to emit are allocate an freely trae, an (M7 governmentsu;siies targete at lowAcar;on technologies an 1rocesses0 !gain, many other ieas an com;inations of ieasare a 1art of the wie climate change iscourse, ;ut in orer to focus in on the avantages an isavantages ofthe car;on ta- as a funamental a11roach, this ;oo* frames the iscussion in the conte-t of the main alternative1olicy a11roaches0



at4 Aust%aia Faied8e Aust%aian #a%bon ta? $as ee#tive – statisti#s &%ove >

M#6onne 153 ()im, associate 1roucer for TClimate .es*, TEvenclimate villain !ustralia might ;e thin*ing a;out cleaning u1 its act,

htt1+22grist0org2climateAenergy2evenAclimateAvillainAaustraliaAmightA;eAthin*ingAa;outAcleaningAu1AitsAact27!lmost a year ago, !ustralia mae a very i"erent *in of climate announcement+ It ;ecame theworls ?rst country to re1eal a 1rice on car;on0 Bac* in 3453, after several years of heate

1olitical e;ate, !ustralias 1arliament ha vote to im1ose a ?-e ta- on car;on 1ollution for the countrys severalhunre worst 1olluters0 )he ;asic iea Y as with all car;onA1ricing systems, from California to the Euro1ean nionY is that 1utting a 1rice on car;on emissions encourages 1ower 1lants, factories, an other maGor sources to clean

u10 ost environmental economists agree that a car;on 1rice woul ;e the fastestway to ramatically slash emissions, an that hy1othesis is su11orte ;y a num;erof case stuies from aroun the worl Y British Colum;ia is a classic success story 0

(Presient <;ama ;ac*e a national car;on 1rice for the 0S0 Y in the form of a ca1AanAtrae system Y in 344,;ut it was >uashe in the Senate07 In !ustralia, the car;on ta- >uic*ly ;ecame un1o1ular with most voters, who

;lame it for high energy 1rices an the countrys sluggish recovery from the 344 glo;al recession0 !;;ott rose to1ower in 1art ;ase on his 1lege to get ri of the law0 In $uly 345M, he succeee in re1ealing it0 :ow, new atafrom the !ustralian .e1artment of the Environment reveal that whether or not youli*e the car;on ta-, it a;solutely wor*e to slash car;on emissions0 !n in the ?rst>uarter without the ta-, emissions Gum1e for the ?rst time since 1rior to the glo;al?nancial crisis0 )he new ata >uanti?e greenhouse gas emissions from the electricity sector (which accounts

for a;out a thir of total emissions, the largest single share7 in the >uarter from $uly to Se1tem;er 345M0 !s the

chart ;elow shows, emissions in that same >uarter ro11e ;y a;out D0L 1ercent afterthe car;on ta- was im1ose, an Gum1e M0D 1ercent after it was re1eale + o=Acar;onA

emissionsM0 Its es1ecially im1ortant to note that the Gum1 came in the conte-t of an overall ecline in electricityconsum1tion, as !ustralian climate economist Fran* $ot=o e-1laine to the Syney orning &eral+ Fran* $ot=o, anassociate 1rofessor at the !ustralian :ational niversitys Crawfor School, sai electricity eman was falling in

the economy, so any rise in emissions from the sector showe how su11ly was revertingto irtier energy sources0 TVou ha a ste1 own in the emission intensity in 1owerstations from the car;on 1rice Y an now you have a ste1 ;ac* u1 , Professor $ot=o sai0

U [$ot=o' estimate fossil fuel 1ower 1lants with M0M gigawatts of ca1acity were ta*en oineuring the car;on ta- years0 !;out oneAthir of that total, or 50L gigawatts, hasince ;een switche ;ac* on0

B%itis Coubia &%oves #a%bon ta?es a%e ee#tive

Robe%ts 153 (.avi, 9hat we can learn from British Colum;ias car;onta-, htt1+22grist0org2climateAenergy2whatAweAcanAlearnAfromA;ritishAcolum;iasAcar;onAta-27

For seven years, the Canaian 1rovince of British Colum;ia has ha a car;on ta-0 It is, on itsown terms, a resouning success Y car;on emissions are falling even as theeconomy continues to grow0 :ot only is it e"ective, ;ut it is, from a 1olicystan1oint, increi;ly elegant+ It is 1reicta;le , rising accoring to a set scheule (though it

to11e out in 3453 Y more on that later70 It is ;roa, covering D4 1ercent of the 1rovinces emissions0 It is sim1le,

levie on a relatively small num;er of fossil fuel e-tractors an im1orters,1iggy;ac*ing on an e-isting ta-, thus re>uiring almost no aitional aministration or enforcement

resources0 It is revenueAneutral, o"set entirely ;y cuts to other ta-es, mainly cor1orate



an 1ersonal income0 (In fact, each year the B0C0 government 1u;lishes a ta;le showing what ta- cuts were

ena;le ;y the car;on ta-07



at4 "nte%nationa 8%adeCa%bon ta?es $ont #ause a t%ade dis&ute/E@EN "F it does3 itDs

$o%t te #osts

Met:e% 201 ($oshua [Fellow in %lo;al Economy an .evelo1ment, Broo*ings

Institution, an aGunct 1rofessor at the $ohns &o1*ins School for !vanceInternational Stuies' ! C!RB<: )!X !S ! .RIWER <F %REE: )EC&:<J<%VI::<W!)I<: !:. )&E IPJIC!)I<:S F<R I:)ER:!)I<:!J )R!.E E:ER%V J!9

$<R:!J [Wol0 /L+ML' *f7

)he nite States shoul introuce a car;on ta-0 )his woul ;e a means to raiserevenues to aress the ?scal e?cit an #o&eent bi&a%tisan eo%ts toincentivi=e innovation in the green technology sector in an e"ort to reuce C<3emissions0 In fact, 0S0 ca1acity on the innovation front coul en u1 ;eing the greatest contri;ution the nite

States ma*es to reucing glo;al C<3 emissions0 Shoul the nite States succee in 1ricing car;on, a range of

international trae issues will arise0 Some of these are 1ositive as they reinforce the nee forli;erali=e trae as a river of innovation an the 1rouction of chea1 green

technology0 5D For instance, a car;on 1rice in the nite States woul sen a strongmar*et signal that there are commercial o11ortunities in ?ning costAe"ective waysto reucing C<3 emissions, whether through incremental im1rovements in energy eHciency or the

evelo1ment of ;rea*through technologies which change the energy 1araigm0 a-imi=ing this signal will re>uirean international system that 1romotes international scienti?c colla;oration ;ut also facilitates the free ow of

1eo1le, ieas, an ca1ital to countries where they can ;e ;est use0 In this worl, the nite States coule-1ect to ;e a signi?cant ;ene?ciary, not only from reuce C<3 emissions ;ut also asthe worls talent migrates to 1laces li*e Silicon Walley to 1rouce another highAtechsector in clean energy technologies0 Currently, there is also signi?cant government involvement in the

clean energy s1ace, an this is li*ely to continue for some time0 )his involvement has raise a range of traeconcerns an in a num;er of instances has ;een challenge at the 9)<05D Balancing e"orts to stimulate green

technologies with the gains from an o1en traing system ;ase on 9)< rules is an ongoing challenge0 )here is

no reason climate change nees to ;e tac*le at the e-1ense of li;erali=e trae,an outcome which woul ma*e evelo1e countries an in 1articular evelo1ingcountries signi?cantly worse o"0 )his is 1articularly true in the !siaAPaci?c region that is ee1ly

enmeshe in glo;al su11ly chains054 Ensuring that government su11ort is evelo1e in waysthat are 9)< consistent will leave governments with 1lenty of room to 1romoteam;itious climate change action ;ut in ways that o not iscriminate against goosan services ;ase on their country of origin0 oreover, as outline a;ove, climate change1olicies that are also 9)< consistent will lea to the 1rouction of greentechnologies at lower costs0 )hat sai, the glo;al im1act of climate change suggeststhat there is nee for negotiation to ensure that the 9)< rules o not raiseunnecessary legal ris*s for government when consiering how ;est to act0 ! car;on ta-

in the nite States will also inevita;ly raise omestic concerns a;out car;on lea*age an the im1act on thecom1etitiveness of 0S0 inustry055 )hese concerns were 1rominent uring the e;ate in 344 an 3454 over aca1 an trae system, an there is no reason to thin* that similar concerns woul not ;e raise ;y a car;on ta-053!ressing these concerns will li*ely lea to some form of ;orer ta- aGustment0 )his will raise trae tensions thatwill nee to ;e navigate0 !n resolving these issues through negotiation rather than 9)< is1ute settlement is the

1referre 1ath0 In many res1ects, what the nite States oes will ;e central to how theevelo1ment of green technologies an trae 1rocees0 !s the worls largesteconomy with an unrivalle ca1acity for innovation an RQ., shoul the niteStates 1rice car;on, how this incentivi=es clean technology RQ. an manages the



im1lications for international trae will largely e?ne whether the climate changean trae regimes are mutually su11ortive or are evelo1e at the e-1ense of eachother0



at4 =te% #ount%ies8e ina#tion ote% #ount%ies does not usti)( ina#tion b( te

U;9;

Ca%bon 8a? Cente% 2012 ' $un 3 htt1+22www0car;onta-0org2introuction2

*f7 Chinas lea1Afrogging the 0S0 as the 9orls ^5 annual car;on emitter is ;eingcite to efen !merican inaction on car;on reuctions0 )his stance ignores severalcentral 1oints0

For one thing, the 0S0 will continue to ;e the worls ;iggest contri;utor to glo;alclimate change long after China, or even Inia, sur1asses us in annual emissions0 )hats ;ecause car;onio-ie molecules, once emitte, remain Tresient in the atmos1here fora11ro-imately a century0 Consiering the many ecaes in which !mericas car;on emissions warfe

everyone elses, of the C<3 now warming Earth, more than three times as much is the 1rouct of !mericanemissions as Chinese emissions0 Base on 1resent trens, the earliest that China will sur1ass the nite States as

the leaing source of C<3 is miAcentury, i0e0, aroun 34L40 (See Slieshow, slie ^07 _ Secon, the niteStates will continue to um1 the most C<3 into the atmos1here on a 1er ca1ita

;asis for years to come0 )he average !merican is res1onsi;le for creating as much C<3 in a ay as o1eo1le in evelo1ing countries in a wee*0_ )hir, Gust as cor1orations here use Chinas inaction oncar;on to Gustify 0S0 inaction, so too are inustry an government in China usingour tem1ori=ing on car;on to rationali=e theirs0 )he way out of this Talliance ofenial, as )he :ew Vor* )imes terms it, is to sto1 elaying an start acting0 Brea*ing

this cycle shoul ;e easier for the nite States, insofar as our 1er ca1ita use of energy (an emissions of car;on7 ismany times greater than Chinas, an given our wellAevelo1e 1olitical an aministrative institutions0 _ Jast, while

it is true that only concerte action ;y all the worls nations an 1eo1les can meet the climate crisis heaAon, it ise>ually true that every action that reuces car;on emissions hel1s 1rotect ansta;ili=e climate0 )he inGunction that the 1erfect must not ;ecome the enemy of the goo has never ;een so

a1t as it is here an now, in Earths climate emergency0

") te U9 doesnDt ta.e te ead no one ese $iPas#ua and [abeta.is 2010 (Carlos [S !m;assaor to e-ico, Serve as WPof foreign 1olicy # Broo*ings' an Evie [Broo*ings' )he %eo1olitics of Energy+ FromSecurity to Survival Energy Security 3NA3D *f7

!mong these grou1s, the nite States has the ca1acity to 1lay a 1ivotal _ role0 China anInia will not move towar more 1roactive omestic_ 1olicies if the nite Statesoes not set the e-am1le0 !long with Euro1e_ an $a1an, the nite States has the ca1acity to emonstrate that

green_ technology an conservation can ;e com1ati;le with growth an a foreign_ 1olicy that is more ine1enent of energy

su11liers0 )he nite States also stans to ;ene?t from accelerate commerciali=ationof green technologies_ an the evelo1ment of glo;al mar*ets in energyAeHcientan_ clean energy technologies0 )he a;ility of the nite States to lea, however,_ will

e1en on omestic actionAon whether it will unerta*e on a _ national ;asis asystematic strategy to 1rice car;on an cur; emissions 0 If _ it oes the scale an im1ortance of the

0S0 mar*et can ;e a river for_ glo;al change0 If it fails to act, then the nite States will ?n thatover_ time the o11ortunity for leaershi1 to cur; climate change will ;e re1lace _ ;ythe nee for crisis management as locali=e wars, migration, 1overty, _ anhumanitarian catastro1hes increasingly a;sor; international attention_ anresources0 Eventually, its failure to act will come ;ac* to 0S0_ ;orers in a way that willma*e the Katrina isaster seem relatively tame0

http://www.carbontax.org/introduction/

http://www.carbontax.org/introduction/



at4 Lea.age7C&>"nt #oo&=n( #a%bon ta?es #%eate inte%nationa #oo%dination


case for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 1 /AM

*f7In terms of international coorination, car;on ta-es 1rovie an avantage over ca1AanAtrae in three su;tle ways0First, if a country legislates a ca1AanAtrae 1rogram e-1ecting it to ;e incor1orate into an international ca1AanAtrae 1rogram such as that contem1late ;y the Kyoto Protocol, it cannot realistically e-1ect evelo1ing countries,most nota;ly China an Inia, to Goin such an international ca1Aantrae 1rogram0 China an Inia have thus far

signale an utter refusal to consier >uantitative limits on emissions0 China an Inia are li*ely to ;emore o1en to a car;on ta- that oes not smac* of a manate e-ternally im1ose ;ywealthy countries0 oreover, for a car;on ta-, governments get to *ee1 the 1rocees0

Secon, along similar lines, ca1AanAtrae 1rograms that have ;een im1lemente thus far have inclue o"sets,

which have the 1erverse incentive of iscouraging international 1artici1ation in greenhouse gas reuction0 Sinceo"sets 1rovie a means for ca1ital ow from evelo1e countries to evelo1ingcountries, Goining an international accor woul carry with it the ae

isavantage (in aition to the costs7 of giving u1 this source of foreign ca1ital 0Finally, uner international trae law, a car;on ta- will 1rovie a stronger ;asis for levyingim1ort an e-1ort aGustments when a country that reuces car;on io-ieemissions traes with a country that oesnt0 I e-1an on these reasons ;elow0 First, ca1AanAtrae

has sim1ly not ;een an acce1ta;le conce1t to evelo1ing countries0 China, in 1articular, has ;een very s1eci?ca;out what it will not agree to0 It has agree to Tvoluntarily reuce its greenhouse gas TintensityYits greenhousegas emissions 1er %.PY which will not reuce actual greenhouse gas emissions0 5M But at the time of writing ofthis ;oo*, China ha steafastly refuse to acce1t a ;ining numerical limit on emissions, or any sort of Tca10 5L4For those familiar with Chinese foreign relations, it shoul come as no sur1rise that China is reluctant to ;e 1art ofan accor in which international negotiators come u1 with a worlwie ca1 on emissions an ole them out to thei"erent countries0 For one thing, any ca1AanAtrae allocation is li*ely to ;e anchore to some egree in historicalemissions, even if su;consciously, which woul heavily favor evelo1e countries0 .evelo1ing countries can anshoul argue that a time imension shoul ;e introuce, an some 1er ca1ita imension shoul ;e introuce, sothat evelo1ing countries have a chance to catch u1, so to s1ea*, to evelo1e countries that have alreay emitte

so much car;on io-ie (an for the ;ene?t of relatively small 1o1ulations70 9hile this has an o;vious eontologicala11eal, there is no inication at all that this woul ;e an eHcient 1ath of emissions reuction0 It is iHcult,moreover, to imagine that the huge emissions reuction necessary in evelo1e countries in orer to create roomfor emissions growth in evelo1ing countriesY on the orer of 4 1ercent in short orerY woul ;e 1ossi;le at anyreasona;le cost0 It follows, 1arenthetically, that this has little chance of 1olitical acce1tance among the evelo1ecountries0 !lso, ca1AanAtrae woul have 1oor o1tics of having mostly Caucasian ;ureaucrats from Euro1e an:orth !merica ecie how much China shoul get in terms of its Tca10 )his is li*ely to always ;e an irritant forcountries li*e China an Inia, even it is left uns1o*en0

Ca%bon ta?es ead to inte%nationa a##o%ds/soves $a%ing


case for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 1 MAL*f7

But if one reas ;etween the lines of the steafast o11osition ;y China, Inia, another evelo1ing countries, one sees room for a car;on ta- 0 !n international accor ;ase on

a car;on ta- scheme woul avoi the unfortunate a11earance of China ;eingallocate some ca1 amount ;y an e-ternal ;ureaucracy, an most im1ortant, woul notre1resent, at least in their eyes, a ;ining limit to economic growth0 oreover, China an the

evelo1ing countries that sign on get to *ee1 the car;on ta- 1rocees0 )hese 1rocees coul ;e reistri;ute inwhatever way they eeme ?t, even to inustries that emit greenhouse gases0 <f course, istri;utions shoul ;e



ecou1le from consum1tion, in orer to 1reserve the marginal emissions reuction incentives create ;y a car;onta-0 )here is no 1oint in collecting a car;on ta- only to have the 1rocees given ;ac* to emitters in 1ro1ortion totheir 1aymentsY that woul o;viously negate any marginal incentives to reuce emissions0 So woul istri;utions;e, in fact, ecou1le from emissionsZ )here is no reason to ;elieve that, for e-am1le, a central government such

as that in China woul ;e 1articularly *een to sim1ly re;ate car;on ta- 1rocees0 Car;on ta- 1roceesre1resent an o11ortunity for central governments to use however they wishYreistri;uting money to 1oor househols, im1roving health care, or even su;sii=ingclean energy technologies0 it Cinese eade%si& so #on#e%ned about

$eat ineGuaities3 it seems unli*ely that car;on ta- 1rocees woul ;e use to uno the marginal

incentives to reuce emissions0 ! car;on ta-, if it coul ;e scale u1 to an international accor, re1resentsa ;etter chance of engaging China, Inia, an evelo1ing countries an 1roviingtheir governments with the incentives to 1ut in 1lace an *ee1 in 1lace 1olicies toreuce emissions0 Ca1AanAtrae 1rograms currently have little chance of accom1lishing this on either of

these o;Gectives0

"nte%nationa businesses get on boa%d

su 2011(ShiAJing [Jarson Professor Floria State niversity College of Jaw' )hecase for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 1 LAN*f7

Finally, a thir reason that car;on ta-es will ;etter encourage international coorination has to

o with its su;tle legal su1eriority in terms of Gustifying relief for omestic inustriesthat might su"er a com1etitive isavantage from omestic car;on 1ricing0International com1etition has remaine a wies1rea an 1owerful 1olitical concernwith greenhouse gas regulation0 !ressing this concern has sometimes involve relief in the form of

im1ort or e-1ort aGustments, essentially re;ating omestic inustries that have to 1ay a car;on ta- or are

su;Gecte to other costly greenhouse gas regulation0 Even though this com1etitive isavantageof 1aying a car;on ta- is 1ro;a;ly over;lown, the 1ossi;ility of relief goes a long

way towar overcoming o11osition to greenhouse gas regulation0 5L3 )he 1ro;lem is thatthis *in of relief may ;e inconsistent with international trae rules0

Even i) ote% #ount%ies donDt use #a%bon ta?es3 te #& sti

#auses te to #on)o%


case for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 1 N*f7

)here is a way, however, to not unilaterally isarm, an a car;on ta- o"ers the ;est

chance to regulate omestically without oing so0 If a country regulate greenhouse gasemissions an coul, via ;orer ta- aGustments, e>uali=e the international 1laying ?el, then greenhouse gasregulation woul not necessarily 1ut omestic inustries at a com1etitive isavantage0 ! ;orer ta- aGustmentcoul ta*e many forms, ;ut most commonly woul ;e the levy of an im1ort ta- on 1roucts im1orte from countries

that i not regulate greenhouse gas emissions0 So 1roucts mae in countries that o notregulate greenhouse gas emissions woul face a ta- when they see* to e-1ort tocountries that have omestic greenhouse gas regulations (with a ;orer ta- aGustment7 in1lace, eliminating any cost is1arities0 Similarly, if a regulating country coul su;sii=e the e-1ort of

a 1rouct to a country that i not regulate greenhouse gases, then its e-1orters woul ;e on the same footing as



omestic manufacturers in that nonregulating country0 9ithout casting any normative Gugments,the countries that clearly ?t the roles of this rama are the nite States an China0E>ual access to the huge mar*ets in the nite States for all sorts of 1roucts is a;ig eal, an whether a ;orer ta- aGustment coul ;e levie on 1roucts from 1roli?c 1roucers such as those

in China is a >uestion of enormous im1ortance0 In the nite States, this has the 1otential to swing

legislators aroun to su11orting regulation of greenhouse gases0 !lso, risingconsum1tion levels in China suggest that the a;ility of !merican e-1orters to sengoos to Chinese mar*ets coul ;e of great im1ortance as well0 )he sta*es of the legality of

;orer ta- aGustments at least a11ear to ;e large0



at4 Feasibiit(Ca%bon ta?es $i be &oiti#a( )easibe> #a&>and>t%ade &%oves


case for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 1 535A3

*f7oreover, what seems T1olitically infeasi;le at one time, over time, can change0 For

ecaes, economists argue that ca1AanAtrae 1rograms re1resente a 1araigmAshifting a11roach toenvironmental law, one that coul vastly im1rove not only the eHciency of 1ollution a;atement, ;ut also 1rouce;etter environmental outcomes0 For ecaes, this instrument languishe, as i the economists that avocate it0For ecaes, ca1AanAtrae face seemingly insurmounta;le 1olitical economies that favore the statusA>uocommanAanAcontrol style of regulation0 Inustries were comforta;le with having certainty in their com1lianceY;uy a 1iece of e>ui1ment, an ;e con?ent of com1liance0 Regulators were comforta;le with regulating that whichthey coul actually see an con?rm+ the installation of a 1iece of e>ui1ment0 Environmental lawyers anenvironmental organi=ations were comforta;le an very much investe in a tangle legal system with theam;iguities that commanAanAcontrol 1rouces, an with the 1ossi;ilities for litigation that these am;iguities1rouce0 )here was a time in which this iron triangle of veste interests woul have seeme iHcult to isloge0!n it was not as if commanAancontrol regulation accom1lishe nothing on the contrary, a cost;ene?t analysisof the ?rst twenty years of the Clean !ir !ctY a commanAanAcontrolAonly eraY foun that the ;ene?ts

outweighe the costs ;y an orer of magnitue0 D But ca1AanAtrae coul 1romise more0 <ver time, theconstant haranguing of economists an other acaemics foun more an moreauiences, an over time, new 1olitical actors emerge, an others ;egan to 1ic*u1 on the ;ene?ts of ca1anAtrae as re1resenting a su;stantial im1rovement overcommananAcontrol0 Some environmental organi=ations, infuse with economicliteracy for the ?rst time, came to a11reciate the ;ene?ts of ca1AanAtrae0 Someconservative 1oliticians, traitionally hostile to government regulation, came to a11reciate theli;ertarian strea* in ca1AanAtrae0 It was Presient %eorge &0 90 Bush, an his com;atively

conservative chief counsel, C0 Boyen %ray, who hel1e 1ush the sulfur io-ie emissions traing 1rogram throughCongress in 540 !n with the growth of environmental economics as an acaemic ?el of stuy, a new ;ree of1olicy analysts were 1rouce from colleges an universities that ;egan to 1o1ulate government agencies anthin* tan*s an graually transform the conventional wisom of environmental regulation0 )he coalitions thatforme to su11ort the sulfur io-ie ca1AanAtraeY small government avocates an environmental avocatesYseeme li*e strange ;efellows at ?rst ;ut, over time, ;ecame viewe as ;eing, if not normal, at least unsus1icious0



at4 Reg%essiveRevenue %e#(#ing gua%antees tat #a%bon ta?es a%enDt

%eg%essive


case for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 1 5/5A/*f7

!ll that sai, calls for reistri;utions as 1art of greenhouse gas 1olicy shoul not ;e ignore0 Even most avocates

for a car;on ta- woul concee that if the revenues from a car;on ta- were sim1ly a;sor;einto the governmental treasury, then the car;on ta- woul inee ;e regressive , as

several stuies seem to inicate0 35 )he >uestion is, however, how to aress these e"ects0 In 1art this is such acom1elling >uestion ;ecause the revenues from a car;on ta- can ;e use to aress the regressiveness0 )his

1ro;lem is solva;le0 )he *ey to aressing the regressiveness 1ro;lem of car;on ta-es isto return, or Trecycle, at least a large 1ortion of the car;on ta- revenues0 ! num;er of

schemes have ;een 1ro1ose or im1lemente to recycle the ta- revenues ;ac* to ta-1ayers in a way that ;lunts or

even reverses the economic 1ain su"ere ;y 1oor househols0 Provie that the recycling or returnof revenues to ta-1ayers is ecou1le from consum1tion ecisions, the revenueTrecycling schemes can 1reserve the incentive for 1eo1le to consume less whileserving as a wealth reistri;utive scheme0 Revenue recycling has a very limite history, with only a

few e-am1les0 Sween institute a 1erA*ilogram ta- on :< - emissions which, as note a;ove, has ;een highlysuccessful, which refune the 1rocees ;ac* to the ta-1aying :< - emitters0 )his revenue recycling scheme,covering only electricity generating 1lants with more than 3L %9h of 1rouction 1er year, refune the 1rocees;ac* in 1ro1ortion to energy 1rouction0 )he Sweish :< - charge thus 1rovies a rewar in the form of a netsu;siy to those electricityAgeneration 1lants that are a;le to 1rouce electricity more eHcientlyY those that1rouce more electricity 1er unit of emitte :< - 0 It is an interesting e-1eriment, an one that may have atangential e"ect on regressiveness, ;y *ee1ing electricity rates own while o"ering a 1ositive incentive to innovate0But it oes not su;stantially aress concerns with regressiveness, since rate1ayers of the ?rms that lose out unersuch a schemeY the electricity generating ?rms that are less clever an o not ?n a way to emit less :< - Ycoulthemselves ;e 1aying more for electricity0 )he British Colum;ia car;on ta- is thus the most 1rominent e-1erimentto ate with revenue recycling to reuce regressiveness0 Political economy consierations 1laye 1rominently in theesign an im1lementation of the BC car;on ta-0 Because the only serious rival in British Colum;ia to the governing

Ji;eral Party was the 1olitically more li;eral :ew .emocratic Party, it was im1ortant for the car;on ta- to aressconcerns with regressiveness0 It was, in fact, a very interesting 1olitical move to s1lit the :.Ps traitional ;ase ofenvironmentalists an those concerne with economic ine>uality0 )his was one ;y a 1romise to recycle revenues0So seriously i the governing British Colum;ia Ji;eral Party ta*e this ;it of 1olitical strategi=ing that, as notea;ove, the car;on ta- legislation inclues a 1rovision that 1enali=es the minister of ?nance 1ersonally to the tune of a 5L 1ercent salary cut if somehow the 1rocees from the car;on ta- were not fully returne in the form of revenuegiveA;ac*s to ta-1ayers0 33 Inclue in the revenue giveA;ac*s are+ (i7 a lowAincome refuna;le creit (the TClimate!ction )a- Creit7 of 544 1er ault an /4 1er chil, (ii7 a reuction in 1ersonal income ta-es ;y L 1ercent on the?rst D4,444 of income, an (iii7 reuctions for cor1orate income ta-es 3/ In aition, along with the rollout of the1rovincial ;uget that etaile the car;on ta- an the revenue recycling schemes, the 1rovince issue a oneAtimeClimate !ction .ivien of 544 1er 1erson for every resient of British Colum;ia as of .ecem;er /5, 344D0 3M It iseasy to claim that the revenue recycling solves the regressiveness 1ro;lem of the BC car;on ta-Y as the governingJi;eral Party em1hatically iY ;ut it is not entirely clear that it was successful, nor what e-actly what that woulmean0 It is an almost im1ossi;le claim to falsify, as it im1ossi;le to *now e-actly how much each househol 1ai incar;on ta-es0 Clearly, it woul ;e im1ossi;le to ma*e eterminations on a householA;yAhousehol ;asis, ;ut

;esies that, there are irect car;on emissionsY riving a car an ;urning gasolineY an inirect emissionsY;uying goos that were mae from greenhouse gasemitting 1rocesses, those em;ee emissions of 1rouctsconsume ;y each househol0 .etermining irect emissions in isaggregate income classes woul ;e challenging,an etermining inirect emissions im1ossi;le0 Even gasoline has an uncertain car;on foot1rint, some of it ;eing1rouce ;y traitional methos, an some of it ;eing 1rouce in Canaas oil sans region ;y e-tremelyenergyintensive re?ning methos0 !n asie from fossil fuel consum1tion, what a;out the car;on foot1rint of1rouce (locally grown 1roucers 1aying the car;on ta-, im1orters not7, or a myria of electronic com1onents in amyria of consumer 1rouctsZ !lmost every single goo consume has a car;on foot1rint, an few of them are

measura;le0 Finally, there is aGustment an su;stitution+ even 1oor househols are a1t



to ;e willing an a;le to change some things to economi=e if there is a 1rice oncar;on io-ie0 But as the 9est an 9illiams stuy illustrates, it re>uires some econometric estimations0

9tudies #aiing #a%bon ta?es a&&ea to eotions3 not

e#onoi# ogi#su 2011(ShiAJing [Jarson Professor Floria State niversity College of Jaw' )he

case for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 1 5/DA*f7

Regressiveness is an im1ortant consieration when weighing changes to ta- 1olicy,;ut the o;stacles to esigning a 1rogressive car;on ta- seem to ;e solva;le0 Because economic

e-1enitures are uncertain an ;ecause regressiveness itself is susce1ti;le to many e?nitions, it is 1ro;a;lyim1ossi;le to 1rove that revenue recycling reverses the regressive e"ects of car;on1ricing0 But it is sim1le enough to formulate a 1ac*age of ta- 1olicies that utili=ecar;on ta- 1rocees (or auctione allowance 1rocees uner ca1AanAtrae7 to su;sii=e

lowincome househols an lessen, if not entirely eliminate, any regressive im1acts08ose $o o&&ose #a%bon ta?es on g%ounds o) %eg%essiveness o)ten igno%e

tese &ossibiities3 %e(ing on eotion %ate% tan e#onoi# )a#ts; !t the same

time, 1olicy ma*ers have ;een increi;ly timi in shying away from car;on 1ricing, an allowing the shrill to steerthe e;ate away from car;on ta-ation0 So, we are left with the selfAreinforcing notion that even mentioning car;onta-es is 1olitical suicie0 oreover, of all of the ty1es of government 1olicies that are hel hostage to incomeine>uality issues, car;on 1ricing is >uite 1ossi;ly the most im1ortant 1olicy, an the one with the smallest

regressive e"ect0 In the 1ast several years, the S government has s1ent tens of ;illions ofollars saving from ;an*ru1tcy two of the most stu;;ornly ineHcient ?rms in thehistory of human inustry+ automa*ers %eneral otors an Chrysler0 In aition, thenite States government has s1ent ;illions more on ;ailouts of ?nancial ?rms thatmae unwise strategic investments that they i not even unerstan0 !c*nowleging

that there were macroeconomic ;ene?ts to these ;ailouts, most of the net winners of this generosity have ;eenshareholers, which are ;y an large the auent half of the S 1o1ulation (an of foreign shareholers of thesecor1orations, which are li*ely to ;e even more auent70 )he e"ects of s1ening these ;illions of ollars will not ;e

o;vious to most !mericans for a long time, ;ut cannot 1orten well for ta-1ayers of moest means0 For all ofthe great many reasons for the unacce1ta;le 1resent an future levels of economicine>uality in the evelo1e countries of the worl, es1ecially in :orth !merica,car;on 1ricing leaing to higher energy 1rices woul ;e a long, long way from ;eingthe most egregious one0



at4 "nee#tiveness9o%t>te% %edu#tions atte% ess tan ong>te% %edu#tions in

te agg%egate


case for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 1 5M4A5*f7

ost energy analysis is conucte on ownA1rice elasticities, although income also ?gures very 1rominently inenergy consum1tion0 )here are shortAterm an longAterm elasticitiesY aGustments that are mae in the relativelyshort termY on the orer of a few monthsY an those that are mae for the longer term0 JongAterm elasticities areinvaria;ly greater, since at any given time, the timing may or many not ;e right for any iniviual househol to

ma*e an aGustment0 <ver a longer 1erio of time, there arise more an more timesuring which an aGustmentY some ecision that might ;e a"ecte ;y a 1riceY seemsa11ro1riate0 For e-am1le, a family that has Gust 1urchase a new s1ortAutility vehiclewoul not contem1late re1lacing it even if gasoline 1rices rose shar1ly 0 <ne woul e-1ect

very few aGustments of that sort0 &owever, over a ?veor tenAyear 1erio, as the s1ortAutilityvehicle starts to age an incur more maintenance costs, an as it nears the en ofits useful life, a re1lacement ecision is more li*ely to ta*e into account gasoline1rices0 !s the same family contem1lates what they will ;uy to re1lace that s1ortAutility vehicle, the family has a

wier array of o1tions availa;le than it oes when it has a ;ranAnew shiny SW0 !n in the aggregate, overa longer 1erio, more an more househols are li*ely to arrive at that ecision 1ointat which they contem1late re1lacing an aging vehicle, an more aGustments are li*ely to ;e

mae0 !s longAterm elasticity ta*es into account this greater num;er of aGustments, it woul naturally ;e largerthan shortAterm elasticities0 !mong commoities, fossil fuel usage is one of the more stuie 1henomena, an theli*elihoo that 1eo1le aGust to even small 1rice changes in fossil fuel 1rice is so wellAesta;lishe that it almost risesto the level of an economic ma-im0 9hile one might as* oneself whether a family might change their min a;outanything if the car;on 1rice is as small as 1er ton of C< 3 (translating into 30M cents 1er liter at the gas 1um17,there are a myria of other ecision ma*ers that coul well change their ;ehavior0 !s argue a;ove, the niversityof British Colum;ia is Gust such an entity0 Facing a ta- lia;ility that woul ;e consiere small ;y inustrialstanars, ;ut signi?cant to an acaemic institution or a meiumAsi=e ;usiness or inustry, it set a;out ?ning

ways to reuce its reliance on fossil fuels for 1owering the cam1us0 For ecaes, economists have ;een stuyingthe aggregate res1onses to change in energy 1rices0 )he range of estimates can ;e >uite large, as some stuies arelimite to certain regions or countries, an some are limite in time, so the economic environment in which 1ricechanges are stuie can ;e >uite varie0 !s an em1irical matter, it is safe to say that longAterm elasticities areinee greater than shortterm elasticities0 It is also li*ely that inustrial an commercial consumers have largerlongAterm elasticities than resiential consumers0 M/ So it might ;e misleaing for iniviuals to e-amine their own1ersonal situation an as* themselves, Twoul I turn own my thermostat if the 1rice of natural gas went u1 ;y L

1ercentZ )he 1oint is how much, in the aggregate, all consumers of energy changetheir ;ehavior, an on this score, inustrial an commercial consumers, which accounte for half of all energy

consum1tion in the nite States in 344 (with resiential accounting for 33 1ercent7, MM woul 1rovie a i"erentanswer0

Even i) te #& isnDt 100 &e%#ent ee#tive3 it is sti bene-#iasu 2011(ShiAJing [Jarson Professor Floria State niversity College of Jaw' )he

case for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 1 5M3A/*f7

But none of this is an argument against car;on ta-es0 It may ;e true that there are ;arriers toenergy eHciency that car;on 1ricing cannot solve ;y itself0 )hat oes not mean thatthere shoul ;e no car;on 1rice at all0 )o return to a theme in this ;oo*, a car;on ta- coul well

com1lement other 1olicies esigne to ;ring a;out ;ehavioral an structural change to reuce energy usage an



car;on io-ie emissions0 )he mista*e with arguing that a car;on ta- is ine"ective is that itconfuses iniviual instances of ine"ectiveness with 1reictions a;out ;ehavior inthe aggregate0 For small car;on ta-es, there is inee no guarantee that even a signi?cant 1ortion of energy

consumers woul change their ;ehavior at all, let alone turn own their thermostats0 ! car;on ta- woulhave to ;e signi?cant, an woul have to increase over time to *ee1 1ace with

ination, an with what economists ;elieve is an increasing urgency over time toreuce emissions0 If a reasona;ly large car;on ta- can ;e im1lemente, there woul;e a myria of o11ortunities to reuce emissions that, in the aggregate, coul ma*ea i"erence0 From the .og?sh &ea Craft Brewery in .elaware to the niversity of British Colum;ia to

restaurants an universities ;uying $ames Perets Wegawatt generator, changes large an small aremae to reuce car;on io-ie emissions0 It coul even ;e unim1ortant if the vast maGority of

househols in British Colum;ia sim1ly ignore the BC car;on ta-0 )he BC car;on ta- woul serve avalua;le 1ur1ose if, in aggregate, other car;on io-ieAreucing changesthroughout the 1rovincial economy a u1 to something su;stantial0 )he vastamounts of economic research on energy usage strongly suggests that this will ;ethe case0



at4 CCPA 9tud(8e CCPA stud( is a$ed> 2 %easons


case for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 1 5//AM

*f7 )here are at least two signi?cant aws in the CCP! analysis, however0 First, as the CCP!re1ort e-1lains, Thousehol si=e increases with income0 3N )his is an ac*nowlegment that

iniviuals an househols move u1 income strata over time0 <ver time, single1erson househols marry an have

chilren, an over time, incomes ten to increase0 )here is thus an ignore time imension to theCCP! analysis that was stuie ;y &assett an his coauthors 0 a*ing sure that1oorest British Colum;ians ;ene?t more than others is in 1art hel1ing 1eo1le at acertain stage of their lives0 It is thus an oversim1li?cation to characteri=e the British Colum;ia ta- as

choosing the rich over the 1oor, as if everyone in the 1oor category were chronically 1oor0 )his alsounermines the notion that iniviuals in higherAincome househols have largercar;on foot1rints0 Jarger househols o, ;ut ;ecause there are more mem;ers of larger househols0 )he

secon aw in the CCP! analysis is its amission that it oes not ta*e into accountany su;stitution e"ects0 3D It asserts that a Tynamic analysis woul not change the results in a

meaningful way in the short term0 Because of the small si=e of the ta-, it will have little im1act on consumer;ehaviour0 3 Knowing from the 9est an 9illiams stuy that the lowest >uintiles often ma*e the mostsu;stitutions, this is a signi?cant lea10 Because the car;on ta- is >uite small, the i"erences in incience of thecar;on ta- are >uite small, so even a little ;it of su;stitution has the 1otential to change the results0 It coul ;e thatafter su;stitution, CCP!s conclusions o not hol0 )he 9est an 9illiams stuy use consumer e-1eniture ata tocalculate 1rice elasticities of househols ;ro*en own into ?ve >uintiles ;y income0 3 Incor1orating this e-traim1ortant ste1 woul seem to ;e a reasona;le re?nement of the CCP! stuy0



at4 Poi#( C%o$d outPoi#( #%o$d out a%guents on( )eed #iate s.e&ti#is/not

a %eason to vote a


case for a car;on ta-+ %etting 1ast our hangAu1 to e"ective climate 1olicy 1 5ML*f7

!nother res1onse to the serialA1olicy 1ro;lem is sim1ly that climate 1olicy cannot ;e a oneAanAone 1ro1osition0 )his unha11y truth is ty1ical of the iHcult things that nee to ;e e"ectively communicate a;out climate changeto a general 1u;lic still lagging in unerstaning of the climate 1ro;lem an the feasi;le solutions0 )hat a general1u;lic woul li*e some ?nality to climate 1olicy an car;on 1rices has not sto11e economists from 1rescri;ing acar;on ta- that rises over time, matching the increasing marginal social amages of car;on io-ie emissions0 :or

shoul it0 Emitting greenhouse gases will ;ecome more costly as the worl a11roachesa li*ely future with increasingly severe climatic changes0 !;ating greenhouse gases too much

at any given time etracts from e"orts to a;ate at other times0 !long similar lines, while 1eo1le may ;al* at ta*inga costly ?rst ste1 that will not necessarily 1rovie a com1lete solution, the iterative nature of climate science anclimate 1olicy is such that this is li*ely inevita;le0 )his is>uieting ineterminacy is foer for climate s*e1tics, whohave ta11e into the uncertainty to sow ou;t a;out the ris* of climate change0 But honest, forthright 1olicy is not

1laying into the hans of climate s*e1tics0 !ttem1ting to evae or o;fuscate theinconveniences an costs of climate 1olicy is 1laying into the hans of climates*e1tics0 Further, it has to ;e courageously sai there is uncertainty a;out climatescience, an that a current 1olicy may ;e too much or may ;e too little0 !gain, 1olicyma*ing uner e-treme uncertainty is not really new it is Gust that the analogies to familiar

1olicies nee to ;e mae0 Wery little is *nown a;out when the ne-t maGor earth>ua*e willstri*e California or the Paci?c :orthwest0 )hat oes not rener the 1olicy of seismicu1graing of 1u;lic schools an nuclear reactors irrational0



at4 Co&etitivenessA #a%bon ta? $oud ave no i&a#t on #o&etitiveness

Mann 2002 (Ro;erta [!ssociate Professor of Jaw, 9iener niversity School of

Jaw, 9ilmington, .elaware $0.0, !ri=ona State niversity School of Jaw JJ,

%eorgetown niversity Jaw Center' L5 !m0 0J0 Rev0 55/L *f7 )he nite States has the lowest environmental ta-es of all <EC. countries0 nN4D

Im1osing a car;on ta- woul 1rovie revenue for increase reuctions in otherforms of ta-es, while 1roviing collateral ;ene?ts0 )he collateral ;ene?ts woul inclueecrease health ris*s, lowere chance of catastro1hic ooing, an 1reservation of climate e1enent ecosystems0 ! car;on ta- woul not necessarily reuce !mericaninustry@s com1etitiveness0 )he <EC. notes that com1etitive concerns are lessenewhen substitutes a%e avaiabe (such as fuel cell technology7 and $en te #a%bon ta?

%evenues a%e %e#(#ed ba#. into te business se#to%0 nN4 ! car;on ta- woul1rovie the 8stic*8 to go along with the 8carrot8 of ta- incentives for alternativeenergy sources an car;on se>uestration0 Furthermore, 1ollution ta-es avoi some of the 1itfalls of

other mar*etA;ase instruments0 nN4 )he Bush !ministration a11ears to favor voluntary emission reuctionsover manatory ca1s0 nN54 9hile a car;on ta- is theoretically a voluntary measure ;ecause inustry canchoose to reuce emissions to avoi the ta-, it seems unli*ely that this Congress woul im1ose

another ta- on ;usiness, even if it 1lanne to recycle the revenues from that ta- to reuce other ta- ;urens0 nN55



at4 Poiti#s Lin.s> Po&ua%A #a%bon ta? $oud be &o&ua%> t%ee %easons

Raus# and Rei( 2012 (Se;astian an $ohn [$ohn 0 Reilly is coAirector for the $oint Program on

the Science an Policy of %lo;al Change at the assachusetts Institute of )echnology an a senior lecturer at I)sSloan School of anagement0 Se;astian Rausch is an assistant 1rofessor of energy economics at E)& urich an

contri;utes to research at the $oint Program on the Science an Policy of %lo;al Change at I)' Car;on )a-Revenue an the Buget .e?cit+ ! 9inA9inA9in SolutionZ I) $oint Program on the science an 1olicy of glo;alchange Re1 :o0 33 !ug *f7

9hile raising ta-es is never 1o1ular, a car;on ta- is 1otentially a winAwinAwin solution0 First, _

car;on ta- revenue can allow revenueAneutral relief on 1ersonal income ta-es,cor1orate income _ ta-, or 1ayroll ta-es, or coul ;e use to avoi or limit cuts tosocial 1rograms (eicare, _ eicai, Social Security, Foo !ssistance7 or .efense s1ening0 !mong

the revenue raising _ o1tions evaluate ;y the CB< was a car;on ta- that woul start at 34 in3453 an rise at a _ nominal rate of L0O 1er year, a11ro-imately MO in real terms

given the unerlying ination rate _ they 1roGecte0 By their estimate it woul raise on the orer of503L trillion over a 54Ayear _ 1erio0 Secon, economic analysis has emonstrate the

1otential for a ta- interaction e"ect _ where;y recycling of revenue from a car;onta- to o"set other ta-es coul reuce the cost of a _ car;on 1olicy or even unersome circumstances ;oost economic welfare (Boven;erg an _ %ouler, 5N70 )he Bush ta- cuts

an other tem1orary ta- relief measures are ue to e-1ire at _ the en of 34530 ! car;on ta- coul allow their

further e-tension0 !n, thir, a car;on ta- woul _ lower fossil fuel use, reucing car;onio-ie emissions an lowering oil im1orts0

A #a%bon ta? is &oiti#a( )easibe

Coan 2012 (ac* Stuy+ Car;on ta- coul raise 50L trillion !ug 3D

htt1+22thehill0com2;logs2e3Awire2e3Awire23MLLDAstuyAcar;onAta-AcoulAraiseA5LAtrillion *f7

)a-ing car;on woul generate 50L trillion, 1otentially giving 1oliticians cover fromma*ing 1olitically iHcult ecisions on ta-es an social s1ening cuts, accoring toa stuy ;y the assachusetts Institute of )echnology (I)7 release onay0_ ! car;on ta- woulta*e 1ressure o" Congress to ?n Ttraeo"s ;etween closing the e?cit ga1 anreviving the economy, accoring to $ohn Reilly, an author of the stuy0 _ TCongress will face many iHcult

traeo"s in stimulating the economy an Go; growth while reucing the e?cit, Reilly, the coAirector of I)s $oint

Program on the Science an Policy of %lo;al Change, sai in a statement0 _ TBut with the car;on ta- thereare virtually no serious traeo"s0 <ur analysis shows the overall economy im1roves,ta-es are lower an 1ollution emissions are reuce0

http://thehill.com/blogs/e2-wire/e2-wire/245587-study-carbon-tax-could-raise-15-trillion




Advantage CPs - Michigan7 2015

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