Showing posts with label criminalization. Show all posts
Showing posts with label criminalization. Show all posts

Tuesday, October 22, 2013

Lobbyists Will Win and We Will Lose If TPP Trade Deal Goes Through

Civil Liberties  
October 18, 2013 |

Something very important happened last week.

For the first time, Presidents and Prime Ministers of several countries met with industry lobbyists to discuss the Trans-Pacific Partnership (TPP) on the sidelines of the annual Asia-Pacific Economic Cooperation (APEC) summit in Bali, Indonesia. Although U.S. President Obama suddenly announced he would not [3] be joining these discussions, industry lobbyists are hoping to push through [4]  TPP talks to finalize the agreement.

What exactly is the TPP? It’s been called one of the most significant international trade agreements since the creation of the World Trade Organization [5]- but you’d be forgiven for not knowing about it. Discussions about this monumental agreement have been so secret that the little we know about the text is from leaked documents [6]- documents that show we have grave reason to be concerned.

One of its most troubling chapters includes an extreme Internet censorship plan that could break your digital future. Here are the top five ways the TPP censors the Internet and why it should concern you:

5.The TPP could criminalize small-scale copyright infringement

The next time you want to share a song or a recipe online, you’d have to ask yourself: Am I a criminal? Interested in writing some fan fiction based on your favourite detective series and sharing it online? Ask yourself that very same question. That’s how TPP provisions could characterize you based on what we know about its Intellectual Property chapter.

According to the leaked drafts, unauthorized small-scale downloading or sharing of copyrighted material could result [7] in severe fines and criminal penalties. Law enforcement could even seize your computer and send you to jail for minor copyright infringement.

4. The TPP could prohibit blind and deaf users from breaking digital locks to access their content

Under the TPP, attempts to circumvent digital locks in order to use your paid-for and legally-acquired media may become illegal. If you are blind, this means you could be criminalized [8] for circumventing digital locks on your purchased e-books and other digital materials in order to convert text to braille, audio, or other accessible formats. If you are a librarian, it may become very difficult to share [9] excerpts of content with students for education purposes, lend out material to the public, or even gain full access to purchased content; and as a consumer of digital media, attempts to [10] make backup copies of that DVD you purchased or transfer your legally-purchased e-book on a different device would become unlawful.

3. The TPP could lead to excessive copyright terms

Copyright, which was originally intended to promote the creation of new works by giving authors certain exclusive rights for a limited time, may be threatened [11] by excessive terms and a rigid system that could stifle creativity and innovation under the TPP.

Under the TPP, excessive copyright terms [10] could be created beyond internationally-agreed upon periods; it could also lengthen terms for corporate-owned works. Despite the strong and growing body of evidence demonstrating the importance of a rich commons [12] in creating new works, such a rigid copyright regime would stifle creativity and innovation. It would also restrict [13] the limitations and exceptions that member countries could enact, ensuring that countries enact compliant laws in order to avoid trade sanctions.

2.The TPP may regulate temporary copies at the cost of innovation and freedom

Temporary copies, or the small copies that your computer needs to make in order to move data around, are being targeted by TPP lobbyists who are attempting to redefine the very meaning of the word “copy”. The very notion of regulating temporary copies is ludicrous given how basic [14] the creation of temporary copies of files and programs is to computer functioning and the Internet. As the Electronic Frontier Foundation notes [14]:

This proposal may seem absurd to you. It should. Given how crucial the storage of “temporary copies” of digital files is to the functioning of our devices, the inclusion of unfettered provisions to regulate it is purely backward, especially given the supporters’ failure to justify a legitimate purpose for imposing a burden without a balance.

If lobbyists have their way, anyone viewing content on any device could potentially be committing copyright infringement. Companies like Wikipedia and Connexions would face serious difficulty [14] in hosting and storing user-generated content. Ultimately, this provision could make it more expensive for you to access licensed content, make you more vulnerable to liability, require you to purchase licenses from copyright-holders for transactions, and hinder your ability to use and create online content.

1. The TPP could kick you off the Internet

The TPP will place the burden [15] of monitoring copyright infringement on your Internet Service Provider (ISP), potentially resulting in the blocking of entire websites. Your ISP would have to institute what’s called a “three-strike rule [15]” – a rule that would kick you and your whole family off the internet after three infringement accusations by copyright holders.

It would also force websites to police user-contributed material.. Not only would this mean added financial burden [16], which could lead to the stifling of technology startups, it would also result in websites having to actively monitor for banned links – forcing the creation of a stringent Internet censorship regime. If ISPs are incentivized to remove content because of the resource-heavy nature of investigating copyright infringement complaints, such immediate takedown could censor time-sensitive news, including information to facilitate social organization, protest, and community-building.

It would also break your right to privacy [17] by forcing your ISP to share your private sensitive information with law enforcement in order to investigate your alleged copyright crimes.

Here’s the bottom line: The TPP is a secretive and extreme agreement that could break our digital future. It could change how we behave online, threaten our freedom of expression by promoting an extreme Internet censorship plan, and invade our privacy. The TPP will stifle creativity and innovation, hinder our ability to access information and organize, and criminalize our Internet use. The TPP is an affront to global Internet freedom.

Over 100,000 people have said no [18] to the TPP’s extreme Internet censorship plan and several thousand have put forward their vision of a fair digital future [19]. Join them and make your voice heard – the time is now [20].

Wednesday, May 1, 2013

The effects of unchecked criminalization: Teen charged with felony for science experiment


By Sesali Bowen | Published: May 1, 2013

When we talk about the criminalization of communities and people of color, especially African Americans and Latinos in America, we often talk about the criminal justice system in America that disproportionately targets those communities.Schools are often the major accomplices in making this system run with the school to prison pipeline. Nothing exemplifies this more than what is happening to 16 year old Kiera Wilmot in Florida. According to the Miami New Times,
 ”7 a.m. on Monday, the 16 year-old mixed some common household chemicals in a small 8 oz water bottle on the grounds of Bartow High School in Bartow, Florida. The reaction caused a small explosion that caused the top to pop up and produced some smoke. No one was hurt and no damage was caused.
…Wilmot told police that she was merely conducting a science experiment. Though her teachers knew nothing of the specific project, her principal seems to agree.
‘She made a bad choice. Honestly, I don’t think she meant to ever hurt anyone,’ principal Ron Pritchard told the station. ‘She wanted to see what would happen [when the chemicals mixed] and was shocked by what it did. Her mother is shocked, too.’
This sounds like a harmless instance of experimentation gone wrong. No harm, no foul right? Even the principle thinks it was simply a poor decision. A week of detention, maybe even suspension, was in order no doubt. So why did it go down like this?

“After the explosion Wilmot was taken into custody by a school resources officer and charged with possession/discharge of a weapon on school grounds and discharging a destructive device. She will be tried as an adult.
She was then taken to a juvenile assessment center. She was also expelled from school and will be forced to complete her diploma through an expulsion program.”
The school released the following statement:
“Anytime a student makes a bad choice it is disappointing to us. Unfortunately, the incident that occurred at Bartow High School yesterday was a serious breach of conduct. In order to maintain a safe and orderly learning environment, we simply must uphold our code of conduct rules. We urge our parents to join us in conveying the message that there are consequences to actions. We will not compromise the safety and security of our students and staff.”


I call bullshit. This is not about the “safety and security” of students and staff at Bartow High School. This was about setting an example, at the expense of Wilmot, and sending a message that even (mis)perceived threats will be dealt with swiftly and harshly. The unfortunate truth is that in America, those perceptions are heavily tied up in notions of race, class, and gender.

Those perceptions may have helped them come to the conclusion that Wilmot’s concoction was indeed a weapon. The code of conduct clearly states that “intention” is a factor in whether or not there has been a breach of that specific rule. But somehow the principal managed to defend the girls intentions but still expel and have her arrested.

Is the perceived threat to the safety of her classmates and teachers also the reason why Wilmot is being tried as an adult with a felony? A student with good grades and no behavioral problems to speak of should be followed with a felony because she was curious about a chemical reaction? She has been ushered into the criminal justice system with this decision. Access to employment, education, housing, etc. will all be limited to Wilmot with a felony on her record.

As a graduate of a Chicago Public School I am very familiar with teachers not being interested in nurturing the minds of students. Instead, they create a mindless generation that simply does what they’re told, no questions asked, all in the interest of maintaining an orderly “classroom”. Sending students to prisons is the solution for those who can’t be “controlled”. I have witnessed the policing that happens when school staff and administration fears its students, of color. Let me be clear, zero tolerance policies are not about keeping schools safe. They exist to keep school administrators from being held accountable for the environment they create in their institution and making contextual judgement calls.

Friday, September 28, 2012

Reflections on a Medical Career

The Impending Collapse of American Medicine
by Robert S. Dotson, M.D.


Just as is every issue in the US, Obamacare and the wider question of the state of American health care are obscured by propaganda and disinformation. In the article below, Dr. Robert S. Dobson looks back on a lifetime of medical practice and provides facts and insights that might help us to understand our situation.

The US medical system is the most expensive on earth without being the best and without providing full coverage. One-sixth of the American population has no medical coverage.

There are two main reasons that US medicine is so expensive. One is that profits are piled upon profits. In addition to wages and salaries for doctors, nurses, and medical personnel, the American health care system has to provide profits for private hospitals, diagnostic centers, insurance companies, and for the accountants, attorneys and management consultants made necessary by the enormous litigation and regulatory compliance cost. American medicine is the most regulated in the world and the most criminalized.

What “Obamacare” does is to divert Medicare and Medicaid monies to the profits of private insurance companies. Instead of providing medical care to those in need, the taxpayers’ money will provide bonuses for insurance executives and profits for their shareholders. It is the height of folly for Obama worshipers to defend a law written by the private insurance companies that uses public revenues to provide insurers with 50 million more customers and to add yet another layer of profits to the cost of American medicine. ~ Paul Craig Roberts
_________________________________________________________________________________________

Reflections on a Medical Career
Robert S. Dotson, M.D.

All lovely things will have an ending, All lovely things will fade and die; And youth, that’s now so bravely spending, Will beg a penny by and by.
~Conrad Aiken (“Disenchantment IV”- 1916)

Thirty years have passed since a much younger physician opened his ophthalmology practice in East Tennessee. A lifetime of hopes and expectations, intermingled with the usual collection of fears and uncertainties, has sped past at blinding speed. Children came, grew up, and moved on to their own lives. Parents and grandparents, aunts and uncles, many friends and colleagues have returned to dust in advance of their fading photos.

Patients and their parents and children and grandchildren have moved in and out of this world, too, inextricably woven into the fabric of my life. Sadly, a few may have been hurt by lapses in judgment or the arrogance of youthful physician pride and overconfidence. But, at the end of the day, most were helped. I was fortunate to be recognized as a “doctor’s doctor” early on and, though there was no attendant reward other than the respect of peers, that was a sufficiently gratifying laurel to carry.

As in any human story, joy and pain, love and sorrow, have marked these same years. The Millstone of Time has also worn away foolish aspirations and vainglorious pretensions. There is no one left to impress, no accolades to seek, no rank to which to aspire. Consequently, I feel freed to offer some end-of-life reflections on my profession and career.

Any thinking American knows that there is something terribly wrong with the health care system in this country. Throughout my career, the political ruling elite has been enacting piecemeal a version of “universal” healthcare coverage to satisfy the demands of an increasingly vocal, but also increasingly disenfranchised citizenry. Our overlords, of course, have been more motivated by enhancing corporate bottom lines and enriching themselves, than in genuinely helping the peasantry.

Every U.S. President since Kennedy in 1962 has dealt with the issue in one way or another – by policy statement or passage of legislation. LBJ oversaw the creation of Medicare and Medicaid in 1965. Nixon oversaw the passage of the HMO Act (Health Maintenance Organization) in 1973 and ERISA (Employee Retirement Income Security Act) in 1974. Amazingly, he also introduced CHIA (Comprehensive Health Insurance Act) in 1974. Even more incredible was the spectacle of Ted Kennedy working to ensure its defeat. Doubtless, Kennedy regretted that in future years. Following the untimely departure of the 37th President, Gerald Ford signed ERISA into law in 1974 on his behalf, thereby introducing some minimal regulations to ensure that separated employees could maintain benefits, such as health insurance, for a limited time.

Carter campaigned in favor of National Health Insurance, but failed to pass anything similar during his time in office. He cited Kennedy’s opposition to CHIA and to his own proposals as the main reason for failure. Reagan’s era witnessed the passage of EMTALA (Emergency Medical Treatment and Active Labor Act) and COBRA (Consolidated Omnibus Budget Reconciliation Act) in 1986 that, among other things, provided for emergency medical treatment coverage for anyone who could drag themselves into an emergency room (of course, such a visit might bankrupt them unless they were lucky enough to be an illegal alien). Medical labs and imaging centers (and, the providers staffing them) were given “special attention” under CLIA (1988).

The first President Bush had little time for national health care issues, as he was primarily focused on launching the NWO. Poppy’s “Thousand Points of Light” degenerated into in-coming tracers from the illuminated Angel of Death – simply more “peace, freedom and liberty” being delivered to millions of innocents across Battlefield Earth. It seems so trivial now, but Bush was unseated after reneging on his pledge of “no new taxes,” not for offshoring the US economy or taking the first step toward turning US foreign policy into the pursuit of world hegemony.

The Clinton administration tried to force through “Hillarycare” in 1993, but met with stiff opposition from their Republican opponents (of course, the opposition was due to perceived threats to corporate profit margins). Nonetheless, Team Clinton was able to push through HIPAA (1996) (Health Insurance Portability and Accountability Act) and SCHIP (1997) (State Children’s Health Insurance Program) which, contrary to the titles of the acts, neither improved health insurance portability or accountability nor improved the health of children.

The Clinton White House had more important fish to fry: war in the Balkans; the liberal distribution of depleted uranium and cruise missiles across the globe; test wars on Americans at places like Ruby Ridge, Waco, and Oklahoma City (OKC); the appearance of numerous “Arkan-cide” victims whose mortal remains seemed to be discovered at the most inconvenient times; and, a semen-stained blue dress. The first versions of the Patriot Act were trotted out in response to the false flag event of OKC, but Congress and even the Imperial Senate balked at moving so precipitously toward the New Amerikan Security State.

The ascension of son Bush and his neoconservative cabal turned the government to the drive toward world hegemony. The serendipitous events of 9/11 opened the door for passage of the neocon’s PATRIOT Act and for the still on-going implementation of their Project for the New American Century (PNAC). New alphabet agencies like DHS and TSA were created to augment existing departments and agencies (FDA, DHHS, IRS, FTC, FCC, EPA, FEMA, DEA, BATF, FBI, NSA, CIA, and DOD) charged with dominating the nation and the planet beyond. Orwell’s dystopia, 1984, became reality: “War is Peace. Freedom is Slavery, Ignorance is Strength.” President Bush modeled Big Brother’s third slogan for an admiring populace more concerned with Harry Potter and Janet Jackson’s nipple than with the deadly machinations of the psychopath in charge.

It seems likely that steps toward the Third World War were taken during Bush II’s reign with “war, war, WAR” being unconstitutionally declared against the nebulous (some might say, non-existent) terrorists lurking under every bed and in every closet, cave, and country on the planet. In spite of a premature proclamation of “Mission Accomplished” from a flag-festooned carrier in 2003 by the Decider-In-Chief, the killings have continued with little pause up to this day. The Great Decider used the opportunity of “victory” abroad, however, to turn his attention to the healthcare needs of his subjects.

What could be a better bone to throw to the peasants than the expansion of pharmaceutical coverage for those under Medicare? And, what could be a better pay-off for corporate buddies than massive new government wealth transfers of taxpayers’ dollars to Big Pharma via such a plan? It was a perfect “win-win” for the oligarchs at the top of the pyramid and a “lose-lose” for the peons at the bottom. To the great joy of Big Pharma, the Medicare Prescription Drug, Improvement and Modernization Act (Medicare, Part D) was launched in 2003 to insure unimaginable profits for its corporate members and more expense for the common people it was alleged to help. As in any casino, our healthcare croupiers are well trained to leave no dollar on the table.

President Obama, a corporate stooge par excellence, was able to ram through “universal healthcare” with the help of a Howdy Doody smile, his corporate sponsors, and the slavish devotion of an ever-delusional, pseudo-Left. It mattered not that the legislation was written by the insurance companies who had been profiting from the misery of patients for decades.

It is no accident – and would be comical, if it were not so serious – that there will be no true, equitable national health care system under the Patient Protection and Affordable Care Act of 2010 (aka, “Romneycare II” or “Obamacare” or, lately, “Robertscare” in homage to a Supreme Court judge) and its accompanying legislation, the Health Care and Education Reconciliation Act. No Single Payer. No mutual insurance system that provides a basic level of healthcare for the proles of this collapsing Security State. Instead, we are witnessing the imposition of a system that will further enslave and impoverish the peasants here in Gulag Amerika. How poetic that a self-identifying “black man” is the front for resurrecting a 21st century version of chattel slavery in the twilight years of Empire.

Obama was positively beaming in his many photo-ops with the sponsoring corporatist representatives of Corporate Medicine, Big Insurance, Big Pharma, and Big Government who enabled the Prince of Change to achieve this milestone deception of America. The very fact that this “wonderful” new system – lauded by supporters as “revolutionary” – is to be enforced by a projected army of 16,500 new IRS agents should give us pause.

Notwithstanding passage of the legislation, decades of bad healthcare policy and corporatist plunder are finally taking their toll. The collapse of the ill-conceived US health care system might be near.

Ever more intrusive regulations are driving up the cost of medical care, and the practice of medicine is being criminalized. Even with all of their flaws, Medicare and Medicaid have provided a safety net for the elderly and disadvantaged since their inception. Those systems’ days are numbered, however, as they are being gutted to turn health care into profits not for doctors and hospitals but for insurance companies and Big Pharma. For starters, large sums have been ear-marked to be taken from Medicare and Medicaid to help fund PPACA (Patient Protection and Affordable Care Act). Is looting Social Security and Medicare “change one can believe in”?

If this system is bad for patients, what does it mean for doctors? It means falling reimbursement rates and rising overhead costs for providers, onerous government mandates and regulations, and institutionalized, legalized larceny by Big Pharma, Big Insurance and Corporate Medicine. As an example of how time and circumstance have affected my own profession of ophthalmology, one need only look at Medicare approved reimbursement rates for cataract surgery.

In reflecting back over my many years in the field of ophthalmology (as of this writing, I am 63 years old and feeling pretty shop-worn), I am staggered by the changes that have occurred. When I opened my practice in 1982, Medicare approved surgical fees for cataract and implant surgery were near $1200. By 2012, that approved charge had dropped to about $570 in Tennessee. (There is some variance within states based on rural versus metro areas and between states where some are declared to have higher costs of doing business.)

Additionally, the US dollar has declined in value an average of almost 2.5% per year over the past 30 year period. Needless to say, overhead operating costs – salary, rent, insurance, personnel costs, taxes, and normal business expenses – have exploded during this same 30 year period. My office rent was raised 20% in the Fall of 2011, for instance.

To further illustrate the absurdity of the situation, it is worth recounting an anecdote. Several years ago, a patient excitedly told me of the vision restoring cataract surgery that her poodle had received at the local veterinary college. It “only cost $2600 for both eyes!” At the time, Medicare was paying about $1400 for two eyes in a human – including work up, surgical fee, post-op care for 90 days, and the very real liability associated with being a physician in a litigious society.

I do not begrudge my animal doctor friends their success, but surely the worth of human care should at least approximate that for a poodle. Although I know veterinarians who are struggling in their own practices due to the economic recession, at least they do not have to deal with government fee-setting and the liability and costs associated with treating humans. They are able to price their services sufficiently to keep their practices open and to provide for their own health care and retirement.

In my own practice, the amount of “write off” on charges for legitimate services rendered began to climb as we entered the 21st Century. For years, the “disallowed” charges by Medicare and private insurers resulted in “discounts” of 20-25%. As the economic upheaval of 2008 rolled around, those fee adjustments (actually theft of labor from providers) began to climb – 30%, 32%, 35%, and in my last year of practice over 60%! For years, I had been able to subsidize my Medicare (cataract) side of the practice by offering elective refractive surgery procedures (LASIK, PRK, etc.) to my patients. As these were private pay cases, they offset the draconian cuts in Medicare and insurance fee “adjustments.” The economic collapse of 2008, however, reduced that income stream for many ophthalmologists and, subsequently, led to the closing of many practices throughout the country.

Most general ophthalmologists are, by definition, primarily cataract surgeons. Many people – including Medicare recipients – do not realize that the fees paid to their physician are fixed by the U.S. Government after consultation with its many corporate sponsors within Big Insurance, Big Pharma, and Corporate Medicine. Patients also do not realize that those reimbursement levels are set by central planners at below-cost levels.

Medicare issues cut across all specialties, and ophthalmology has not been alone in experiencing cutbacks. Primary care physicians have increasingly become “piece good workers” – managed by corporate pencil pushers to see a patient every 6-8 minutes while being forced to carry all the liability and manage all the data and coding previously done by insurers.  

Who can diagnose, much less treat a patient in 6-8 minutes?

My own solo cardiologist was forced to close his practice last Fall and seek employment with an area hospital, due to declining reimbursement levels. More than 51% of cardiologists in the U.S. are now hospital employees. One of my medical school classmates, a successful internal medicine specialist, has recently given up the fight and has plans to enter some other line of work. Several friends in Radiology have seen their incomes decline as more and more work is “outsourced” to tele-docs in Asia. Still other long-time friends who are general surgeons are struggling to survive (a surgical fee for incisional cholecystectomy, for instance, is now under $400). Several have retired prematurely and others are looking for other work to do. As a final example, another of my friends is one of five physicians in a busy urology practice (2 offices and 26 employees) and they are now borrowing from the bank to make payroll. A recent article from CNN, “Doctors Going Broke,” confirms the growing problem. http://money.cnn.com/2012/01/05/smallbusiness/doctors_broke/index.htm

As income reductions are being imposed on private practice, costs are being driven up by exploding regulations. In addition, the plethora of new mandates and laws have increasingly criminalized every aspect of the practice of medicine and created vast new armies of armed bureaucrats whose sole aim is to impose civil and criminal penalties on any provider unlucky enough to be singled out for attention. The old Soviet dictum attributed to Lavrenti Beria (Stalin’s NKVD chief), “Show me the man and I’ll find you the crime,” is in full force in Amerika.

The present puppet in the White House has completed the work begun by his predecessors in moving the nation into a police state. The NDAA passed in the Fall of 2011 was the final nail in the coffin of personal freedoms guaranteed by the US Constitution. By suspending habeas corpus and even trial by judge or jury, the Act has made certain that no person is safe from being violated by a power-mad Security State. At the mere movement of the Unitary Executive’s pen, it is now permissible to “disappear” or even execute anyone on the planet – all on the whim of the unaccountable psychopath in charge. Judge Andrew P. Napolitano has reported that our present Unitary Exec spends every Tuesday morning reviewing and signing off on a kill list supplied by his loyal minions. Nobel Peace Prize worthy stuff, indeed!

One is presumed guilty now in Amerika until proven otherwise and nowhere has this been more demonstrated than in the policing of medicine. Heaven help the poor provider who is targeted by the Medicare Police – or now, one supposes, by the new IRS Medical Special Branch. If targeted, his or her practice will be shut down without due process. His or her assets will be seized without due process (assuring the inability to even defend oneself). Finally, the unlucky guilty-until-proved-innocent physician will be permanently discredited (libeled) in his or her community with the ready help of the Government’s countless propaganda organs – press, radio, and TV – all before any day in court is seen.

New restrictions, rules, and regulations on healthcare – on providers and patients alike – have imposed legal constraints with which full compliance is impossible. Medicare rules and regs alone fill tens of thousands of pages, and ignorance of any of them is no defense for the unlucky. The original HIPAA legislation has been amplified with many additions since its inception in 1996: FERPA, HITECH, ARRA (2009). Each additional act or regulation has further criminalized the practice of medicine.

Finally, the entire health care system is being forced to switch to electronic health records (EHRs) and, soon, to a completely new coding system (from ICD-9 to ICD-10). Failure to comply with these mandates will result in further reductions in provider payments with every year that they remain unimplemented. For a solo physician practice, it is estimated that each mandate will cost as much as $80,000 to implement initially and, then, $10-15,000 annually to maintain. For multi-physician practices, costs run as high as three times (or more) that of a single provider practice. Of course, the purpose behind all of this is to make each person’s most private and personal information available to government bureaucrats and regulators while also ensuring its accessibility to the Security State’s many law enforcement tentacles and to all the corporate members of the Medical-Industrial complex.

Unfettered access to this information will ensure that the Corporate State can maximize its profits, largely avoid all risk and liability, and eliminate any potential competition (such as, often cheaper and more effective alternative medicine providers and therapies, non-GMO whole foods, and nutritional supplements). It will also ensure that medicine is practiced/delivered within strict cookbook guidelines that are carefully written by non-physician bureaucrats to maintain corporate profits and government power. All of this is well along in implementation.

A recent article, “Efforts to implement Obamacare law raise concerns of massive government expansion” from Fox News, 5 July 2012, (http://www.foxnews.com/politics/2012/07/03/efforts-to-implement-obamacare-law-raise-concerns-massive-government-expansion/#ixzz1ziuZDCSV) informs us that lawyers have already “drafted more than 13,000 pages of Obamacare regulations and that this number will increase further over coming months. In addition, we are told that DHHS (Department of Health and Human Services) has been given more than one billion dollars to date in order to begin oversight of this mess and that more than 180 “commissions, boards, and bureaus” within the Agency are already hard at work implementing the final destruction of American medicine.

Widespread vaccination of the population with untested “stabs” will be mandated and enforced. As long predicted by Tin Hatters around the planet, this will permit biometric “nano-chipping” of the citizenry without the unpleasant need to ask their permission.

Vast sums will be committed to “preventive” medicine which will prevent nothing and will only expand the reach of the Medical-Industrial complex into every nook and cranny of a person’s life – and, into every wallet. Certain corporate profit-driven diets and treatment regimens will be mandated and enforced; access to nutritional supplements and alternative medicine practices will be limited or banned altogether; behavior patterns of all types will be monitored and carefully scripted and controlled (what we see, hear, read, do, eat, drink, and breathe – where and how we work, play, and live) under the guise of State Security concerns and its new companion, Public Health or Public Good; and, finally, the Corporate State will deploy “death panels” to decide when a person has outlived his or her economic usefulness to the State. In spite of Obama’s denials that such bodies exist and Palin’s diversionary, hysterical rantings at Tea Party rallies, there is clear provision in the Act for bureaucratic decision-making bodies which will make end-of-life decisions for us all. These entities are already being formed and deployed across the land. Our Anglo cousins in the UK are showing us the way by withholding food and fluids from as many as 29% of their hospital patients now who are judged to be living beyond their government-dictated “use-by” dates (pragmatically justified “to free up beds” – oh, those Brits and their refined sense of humor).

What can be done about the failing American health care system and the wider collapse of the economy and civil liberty? Frankly, very little. The system is rigged against the people as it has always been, only now one can be “black-bagged” and disappeared at any time. Protest too loudly and one is liable to literally see a grim Reaper overhead with one’s personal biometrics programmed into its fire control system. Like every other institution within the United States, the medical system is totally and completely broken. It can no longer be fixed by “voting” for the lesser of evils, by printing bales of fiat currency, or even by deploying fleets of obsolete aircraft carriers across the planet.

If as it seems we are arriving at the end of an age, if we can survive the end, something better might arise from the ashes. The prospect of collapse turns one’s thoughts to escape and survival. Can you do either? Volumes have been written about preparedness in a time of chaos, so I will spare readers a rehash. But, a few comments about healthcare, in particular, might be in order.

In a perfect world, it is my opinion that we should have some form of single payer healthcare system and divorce ourselves from corporate medicine. In my opinion, this will not happen without the complete collapse of the present system. Since that is unlikely to occur before more seasons of national election fraud are imposed on us, a few “in-the-meantime” suggestions follow:

Avoid contact with the existing health care system as far as possible. Yes, emergencies arise that require the help of physicians, but by and large one can learn to care for one’s own minor issues. Though it is flawed, the internet has been an information leveler for the masses and permits each person to be his or her own physician to a large degree. Take advantage of it! Educate yourself about your own body and learn to fuel and maintain it as you would an expensive auto or a pet poodle. One does not need a medical degree to:

  1. avoid excessive use of tobacco or alcohol or, for that matter, caffeine;
  2. avoid poisons like fluoride, aspartame, high fructose corn syrup, and addictive drugs (legal or illicit);
  3. avoid unnecessary and potentially lethal imaging studies (TSA’s radiation pornbooths, excessive mammography, repetitive CT scans – exposure to all significantly increases cancer risk);
  4. avoid excessive cell phone use and exposure to other forms of EMR pollution where possible (the NSA is recording everything you say and text anyway);
  5. avoid daily fast food use and abuse (remember: pink slime and silicone) ;
  6. avoid untested GMO foods (do you really want to become “Roundup Ready?”);
  7. avoid most vaccinations and pharmaceutical agents promoted by the establishment;
  8. avoid risky behaviors (and, we do not need a bunch of Nanny State bureaucrats to define and police these);
  9. exercise moderately;
  10. get plenty of sleep;
  11. drink plenty of good quality water (buy a decent water filter to remove fluoride, chloride, and heavy metals);
  12. wear protective gear at work and play where appropriate (helmets, eye-shields, knee and elbow pads, etc.);
  13. seek out locally-grown, whole, organic foods and support your local food producers;
  14. take appropriate nutritional supplements (multi-vitamins, Vitamin C, Vitamin D3);
  15. switch off the TV and the mainstream media it represents;
  16. educate yourself while you can;

And, lastly…

17. QUESTION AUTHORITY!

Doing these simple, common-sense things will add healthy years to a person’s life and help one avoid most medical encounters during his or her allotted time on earth.

Finally, we have a responsibility to our neighbors and our families. We need to reach out to those around us – talk to them, listen to them – sympathize and empathize. Take time especially to listen to those who are in pain and are suffering and to help them by being humane. If you do this, you will discover that we have more in common with each other than the ruling elite wants us to believe. Governments obtain power and control by taking advantage of divisions along religious, ethnic, class, economic, ideological, and nationalistic lines. We must awaken to this fact if the 99% are to prevail against the 1%.

As for me, I was finally forced to close my practice earlier this year. Nearly two years of consulting with multiple attorneys, accountants, practice management consultants, and bankers, and expending most of my resources in a vain effort to keep operating, were simply not enough. It seemed only poetic that April Fool’s Day 2012 should be chosen for turning out the lights and ringing down the curtain. Patients and employees and suppliers were notified of the end. Many had been with me for my entire career and leaving them was and remains painful. More than nine thousand active charts were transferred to the care of a younger ophthalmologist still trying to stay afloat.

I share the heartache of many physicians forced out of medicine by the high cost of practicing it. As the health system is stripped of medical care in behalf of corporate profits, its exploitative character will become clear to all. In the meantime, don’t give in or give up. Plan for something better on the other side of chaos.

I wanted a perfect ending. Now I’ve learned, the hard way, that some poems don’t rhyme, and some stories don’t have a clear beginning, middle and end.
~ Gilda Radner

Glossary of Terms:

ARRA American Recovery and Reinvestment Act of 2009
CHIA Comprehensive Health Insurance Act
CIA Central Intelligence Agency
CLIA Clinical Laboratory Improvement Amendments of 1988 – administered by CMS
CMS Centers for Medicare and Medicaid Services
COBRA Consolidated Omnibus Budget Reconciliation Act of 1985
DHHS Department of Health and Human Services
DHS Department of Homeland Security
DOD Department of Defense
EMR Electromagnetic radiation
EMTALA Emergency Medical Treatment and Active Labor Act – part of COBRA1986
EPA Environmental Protection Agency
ERISA Employee Retirement Income Security Act
FEMA Federal Emergency Management Agency
FBI Federal Bureau of Investigation
FDA Food and Drug Administration
FERPA Family Educational Rights and Privacy Act (1974 original legislation)
GMO Genetically Modified Organisms
HCERA Health Care and Education Reconciliation Act of 2010 – supplement to PPACA
HIPAA Health Insurance Portability and Accountability Act
HITECH Health Information Technology for Economic and Clinical Health Act (2009)
HMO Health Maintenance Organization
ICD-10 International Statistical Classification of Diseases and Related Health Problems 10th Revision
IRS Internal Revenue Service
NDAA National Defense Authorization Act
NSA National Security Agency
NWO New World Order
PPACA Patient Protection and Affordable Care Act
SCHIP State Children’s Health Insurance Program
TSA Transportation Security Administration
USAPA Unifying and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism – aka, The Patriot Act

****

Whether you agree or disagree with his points, you have to agree that it was a compelling read.--jef

Monday, October 17, 2011

Criminalize Fracking

by RUSSELL MOKHIBER
 
Activists in New York have drafted legislation that would criminalize the practice of hydraulic fracturing – also known as fracking.

The law was drafted by the Sovereign People Action Network (SPAN) of Ulster and Green counties.

“In early summer, seeing so many anti-fracking people across the state pouring their time, resources and hopes into the State’s Department of Environmental Conservation (DEC), we began drafting a law to rip decision making from this illegitimate agency, and drive it into our state legislature,” Richard Grossman, one of the members of SPAN, told Corporate Crime Reporter.

“Our law criminalizes fracking and fracking-related activities,” Grossman said. “Corporate frackers would be Class C felons.”

“In August, a bunch of anti-frackers from different parts of the state, representing various anti-fracking groups, participated in three sequential workshops I presented on at the New York Green Fest gathering in Western New York,” Grossman said.

“Some decided to join SPAN on criminalization.”

“Together we came up with the current draft of the law. We are now creating a new coalition group to concentrate on compelling the legislature to pass our law.”

“This law is not a magic bullet, of course. We could never pass it unless we build a mass movement in New York.”

The legislation has yet to be introduced into the New York State legislature.

“We met with a state Senator who wanted to learn more about it,” Grossman said. “But he was pretty resistant. That’s okay. This work will take time.”

Grossman wouldn’t identify the Senator.

“To his credit, he met with us twice,” Grossman said. “He was patient and courteous, we had some healthy conversations.”

“We have no illusions about the New York State Legislature. But theoretically at least, that is where laws are made. And that’s where sovereign people go to instruct our representatives. Our approach to our legislators is: we wrote this law – now you pass it.”

“But we know we can’t do that until we build a formidable statewide movement that is not only talking about fracking as a destructive technology, but also about illegitimate rule by a very small corporate class.”

“We’re hoping to move the exciting struggle to prevent the fracking of New York State from the dead end, energy sink regulatory realm to the place where sovereign people make law, decide what is anti-social behavior.”

“We have no illusions about our state legislature. Both houses are tyrannies. Most of the legislators are colonized. We understand that part of our task is to re-make our legislature, and our legislators. And that to do this, anti-frackers and others confronting diverse assaults of illegitimate private governance must build a powerful state-wide movement.”

“Our new state-wide coalition is only now coming together. We haven’t begun taking our message across the state. I can say that whenever any of us talks to folks, their response is – of course fracking should be criminalized, should be declared felonious.”

“But we’re still under the radar,” Grossman said. “I don’t think it will take long to emerge. Think back to the evolution of the anti-nuclear movement.”

“The fracking struggle involves most of the giant corporations of the country, not just business and industrial corporations, but also law corporations and insurance corporations.”

“The whole corporate class and its vast usurping structures of governance and propaganda are behind fracking.”
“The reasons are clear: the corporate class is committed to endless more.”

“The fuel for endless more is constantly expanding energy.”

“So people opposing fracking for oil and gas and water are standing up not just to a few giant energy corporations, but to the entire corporate class, and to their vast corporate state, just like the anti-nukers of yore.”

“In New York, people are already organized in hundreds of groups. We think this legislation will help unify anti-frackers, so that one day in the not too distant, the State of New York will declare fracking, corporate frackers, and fracking-related activities to be Class C felonies.”

“We will be provoking conversation and discussion about the histories and realities of minority rule and usurpation that we’ve been talking about here. It’s my hope that unlike the anti-nuclear movement – that magnificently stopped the construction of 850 nuclear radiation factories – New Yorkers will criminalize fracking in ways that begin to challenge the corporate state, that set new and liberating conversations in motion, that begin asserting we the people’s authority to govern our communities and our state.”

Thursday, October 6, 2011

The Corporation as Crime

 
Richard Grossman says that Occupy Wall Street activists need to go beyond greed and corruption and focus on usurpation.

As in – illegal seizure of power.

As in – the corporation has usurped – illegally seized – power from the people.

He quotes Thomas Hobbes as saying that a corporation is merely a “chip off the old block of sovereignty.”

Grossman, the father of the “no to corporate personhood” movement, says the first step in taking back the power is to criminalize the corporation.

To that end, he has drafted a four page law – “An Act to Criminalize Chartered Incorporated Business Enterprises.”

“As of 12:01 a.m. on July 4, 2012, no incorporated business shall exist or operate within the United States and its territories, or with any State or municipality,” the draft law reads.

“As of 12:01 a.m. on July 4, 2012, all existing business corporation charters granted by the United States, and by all States, shall be null and void.”

“If people want to go into business, fine,” Grossman said. “But this law would strip away 500 years of Constitutional protections and privileges. No more limited liability for shareholders. No more perpetual life. No more Constitutional protections.”

Those local, state or federal officials “who fail to implement and sustain the prohibition – and criminalization – of chartered, incorporated business entities after 12:01 a.m. July 4, 2012, shall promptly be indicted and speedily tried for the crime of villainous usurpation – perfidious, felonious, illegitimate rule exceeding their proper authority – as well as for the crime of dereliction of duty.”

In a footnote to the draft law, Grossman writes that “in a corporate state, law, culture, contrived celebration and tradition illegitimately clothe directors and executive officers of chartered incorporated businesses in governing authority.”

“This is usurpation,” he writes. “A corporate state nurtures, enables and expedites such illegitimate governing authority by violence enforced by courts, jails, police and military force and by historians. Less-overtly ferocious institutions – for profit and non profit – routinely reinforce that reality.”

Thursday, January 20, 2011

Will Cigarettes Be Made Illegal in the Near Future?

(The two most dangerous drugs which factor into the most health problems and result in the most deaths, BY FAR, are both legal: alcohol and tobacco kill half a million people per year. Did I mention both are legal?--jef)

***

The battle over cigarettes is heating up -- and the momentum to criminalize tobacco smoking continues to build in the United States and around the world. 
By Tony Newman, AlterNet on January 20, 2011

Will cigarettes be illegal in the future? The battle over cigarettes is heating up - and recent news shows that momentum to criminalize tobacco smoking continues to build in the United States and around the world.

Last week the New York Times reported on the Himalayan Kingdom of Bhutan's war on cigarette smokers. Back in 2005 Bhutan banned the sale of tobacco but made little headway as smugglers brought in cigarettes from India. Now the country is enforcing the ban by allowing authorities to break down doors looking for illegal cigarettes. People who sell illegal cigarettes are now facing five year sentences. Breaking down doors and long sentences over the tobacco plant! Sounds familiar? If it does, it's because that's how the U.S. deals with the marijuana and coca plants.

And the creeping criminalization of tobacco is not only happening in far away places, but right here in the "Land of the Free."

The Wall Street Journal reported last week that the FDA is looking into banning menthol cigarettes. The argument by some antismoking groups is that menthol cigarettes are enticing to adolescent smokers and have been marketed to the African American community. A ban on menthols would build on the FDA's ban last year on flavored cigarettes and cloves.

While I support many restrictions on public smoking, such as at restaurants and workplaces, and I appreciate public education campaigns and efforts aimed at discouraging young people from smoking, I believe the prohibition of menthols would inevitably lead to harmful and unintended consequences.

For millions of people, menthols are their smoke of choice. I have no doubt that someone is going to step in to meet this demand. What do we propose doing to the people who are caught selling illegal menthol cigarettes? Are cops going to have to expend limited resources to enforce this ban? Are we going to arrest and lock up people who are selling the illegal cigarettes? Prisons are already bursting at the seams (thanks to drug laws) across the country. Are we going to waste more taxpayer money on criminalization and incarceration?

The prohibition of flavored cigarettes also moves us another step closer to total cigarette prohibition. Last year it was cloves. This year it may be menthol. And why not all cigarettes next year? Cigarettes kill; 400,000 people die prematurely every year from smoking. When we analyze the harm from drugs, there is no doubt that cigarettes are the worst. Considering how harshly we deal with less harmful drugs like marijuana, by that same flawed logic cigarettes should be illegal too.

But with all the good intentions in the world, outlawing cigarettes would be just as disastrous as the prohibition of other drugs. After all, people would still smoke, just as they still use other drugs that are prohibited, from marijuana to cocaine. But now, in addition to the harm of smoking, there would be a whole range of "collateral consequences," such as black market-related violence, that crop up with prohibition.

Remember, banning marijuana and coca plants have led to 35,000 deaths in Mexico due to prohibition over just the past four years. Imagine what banning the tobacco plant would do. We would have a black market, with outlaws taking the place of delis and supermarkets, stepping in to meet the demand and provide the desired drug.

Instead of buying your cigarettes in a legally sanctioned place, you would have to hit the streets to pick up your fix. The cigarette trade would provide big revenue to "drug dealers," just as illegal drugs do today. There would be shootouts in the streets and killings over the right to sell the illicit substance.

We need to realize that drugs that already have an established demand, whether cigarettes or marijuana or alcohol, will always be consumed, whether they are legal or illegal. Although drugs have health consequences and dangers, making them illegal - and keeping them illegal - will only bring additional death and suffering.

We should celebrate our success curbing cigarette smoking and continue to encourage people to cut back or give up cigarettes, but let's not get carried away and think that criminalizing smoking or making cigarettes illegal is the answer.