Letters in Bottles

The (Dark) Convenience of the Cloud

2009-11-04T09:01:00.000-06:00

Here's a reminder about the potentially weak legal privacy protections for email and other information sent or stored online in the cloud computing paradigm.

I focus on a James Fallows piece, as opposed to one of the legal blog posts on the topic
(ht/CA) as of late, because I think his concerns about the lack of privacy online represent the most important factor in the discussion - the policy concerns needs to begin informing the law in this area. I'd venture that a significant portion of the American public believes it has a "reasonable expectation of privacy" in the contents of its email accounts.

The proliferation of activity online - banking, shopping with credit cards, filing taxes, filling out forms with private information, etc. - has convinced people, I think, that there is a minimum level of security in play on the internet with well-known third party entities (like one's email provider), even in the face of the maxim and reality that nothing is truly safe on the internet. And despite creepy, overly-tailored ads that pop up atop one's Gmail inbox...

Toil

2009-11-04T08:37:00.000-06:00

Live From the Slag Heap

2009-11-03T17:09:00.000-06:00

An unorthodox Top 10 list...of organisms that live in the most extreme environments.

I've always found No. 4 especially interesting.

Tulane Hosting Political Analysts Summit

2009-11-03T17:04:00.000-06:00

Next week, Carville and Matalin bring in some names.

Deconstructionism

2009-11-03T12:41:00.000-06:00

The wall has stood for years now, part of an even longer stretch that guarded the original property, before it was sectioned off into separate lots. It still stands on our corner, a crumbly, somewhat disjointed reminder of past glories.

Nothing like a little eminent domain in your coffee to get the morning started

2009-11-03T08:26:00.000-06:00

My response, over at Inside the Footprint, to the Times-Picayune's unequivocal support for hastening the destruction of Lower Mid-City.

We're really shocked about this?

2009-11-03T01:12:00.000-06:00

Wisconsin isn't in compliance with federal legislation on Medicaid:

Since June 15, more than two-thirds of childless applicants with virtually no income - the highest priority cases - haven't received food stamps within the federally required seven days, state figures show. Nearly two-thirds of all the childless adults seeking food stamps haven't received them within the required 30 days. [...]

Officials from the state Department of Health Services met Monday with federal officials to brief them on the delays and said they would seek to resolve the most pressing backlogged food stamp cases by the end of this week.

This is, of course, a completely unacceptable solution, but hardly shocking. Given the state's financial outlook, it should be far from shocking that the state doesn't have the money to hire the number of people necessary to process the flood of applicants.

But this has an important lesson for the broader health care debate, because the number of people applying in Wisconsin for assistance now with this program is a drop in the bucket compared to the number of people who will need to be enrolled in any kind of federal health care scheme, public option or no. And given than any legislation coming out of Washington, D.C., will raise costs of health insurance (ridiculous assumptions by left-wingers aside). There will also need to be a bureaucracy created -- because, let's also remember, none exists now -- to cover all of these enrollees in perpetuity.

Wisconsin is a lesson in the huge -- and often unanticipated, at least by proponents of universal health care legislation -- costs of government intervention into the market.

Proof...that I live with a conservative Democrat

2009-11-02T21:59:00.000-06:00

"I am them"

2009-11-02T19:31:00.000-06:00

Kudos to Ms. Strey, the northern Wisconsinite who reported herself while driving drunk.

I hope the judge uses his or her discretion in light of the unusual circumstances.

Speaking of disingenuous...

2009-11-02T17:48:00.000-06:00

...try looking at your own post title.

In the Madison Mold

2009-11-02T08:51:00.001-06:00

Right.

Daylight Lost

2009-11-01T17:14:00.000-06:00

A Live Blog - Frozen in Time

2009-11-01T12:39:00.000-06:00

“...put all their crap - all their nasty, dirty t-shirts on the wall...and all of the other things, we’re going to start issuing citations to them on a daily basis. Each violation is $100 or 90 days in jail or both. Each piece of printed material...or t-shirt...shall constitute a separate violation.”

On October 20, I attended a meeting of the Vieux Carre Commission, the body that overseas the maintenance of the architectural integrity of the French Quarter here in New Orleans. The Vieux Carre is specially protected by the Louisiana Constitution.

I was supposed to do a one-page report for a seminar. Instead...it turned into a five page stream of consciousness dispatch from a high-ceilinged upper room...available after the break.

Vieux Carre Commission

10/20/09

At 1:40 p.m., the meeting of the Vieux Carre Commission had yet to begin. A low hum of chatter filed the high-ceilinged room. The nearest Commission talked with someone in the audience about the politics of Turin and Savoy in a film he’d seen. They argued about the meaning of the film. “You have to be pragmatic if you’re a politician,” said Mr. Lawson, the Commissioner.

The occupants of the room are, on the whole, old. There are a few scattered people under thirty, perhaps five of us total. The lights are down. Professor Shields, apparently also a French Quarter property owner, is here, looking dapper as usual in a gray suit and neat glasses. He leans over Carol and me - “We’re going to move to postpone - it would be suicide to proceed as the favorable commissioners are not here today.”

A change of use for his property at 1237 Decatur is the first item on the agenda today. He’s looking to change use from an antique shop to a “personal service shop” - i.e., a massage parlor. Vieux Carre Commission staff, the report shows us, recommends denial. Ms. Li Yu Jun, sitting next to me in black, is the actual applicant for the change. [Incorrect - Li Yu Jun is a man. And the Professor is not here for the massage parlor.]

It’s now 1:45. The meeting still has not been called to order.

Now it is. The chairman glares at Carol, who continued talking. She stops talking. He continues to glare through the half light under the chandeliers and the incongruous 1970s-style ceiling panels.
A lady with a heavy New Orleans accent calls the roll.

Apparently, not enough commissioners are present for action. Therefore, all actions taken today must be unanimous.

“Good afternoon, my name is Sonny Shields...” The professor requests a deferral.

“The action is deferred.”

Oops - I was confused. Professor Shields is not the property owner - he’s merely counsel for the applicant for the first item, the Bienville property.

Jim Shields - his brother, perhaps? - is applying for the massage parlor. A personal service shop is a permitted use.

An additional commissioner has arrived. One of our classmates, also supposed to be present for purposes of compiling a report, leaves suddenly, having been in the room for approximately 5 minutes. Hmmm.

The chairman, in eloquent language, berates street barkers. The potential store owner, Mr. Li Yu Jun, does not speak English. The chairman is concerned he does not understand our laws. An interpreter steps forward.
The 1237 Decatur massage parlor project is approved.

A gourmet dog treats business is now up for consideration. The applicants, a lady in bright pumpkin orange and a bald man in a large tan suit, hand out packages of treats. A joke is made. Voila - passage. “These are adorable,” exclaims the lately arrived commissioner.

Another change of use is now up. Nobody is here to represent a change of use on Chartres from art gallery to retail of shoes. No exterior installation except for the installation of a sign.

“Everything conforms to the zoning requirement,”
“What’s the name of the establishment?”
“Shoebydoo.”
“Oh, that’s cute!” [The lately arrived commissioner in designer glasses, again].
Approved.

N. Peters and Clinton, the staffer in brown drones on about “fabric” and “openings between buildings respectively...” The sharp-dressed commissioner speaks up, noting the lack of the architect. There’s a typographical error in the report, he says.

I can hear the calliope from the steamboat Natchez playing off in the distance.

The commissioner, Mr. Farnet (?), is still talking. The buildings were used for warehousing over the years. The applicant wants to avoid having to put in extra stairways. Zoning says this is one unit per parcel of ground. Mr. Farnet now outlines some complicated possible steps on how to treat the project given the “penetrations” between the two buildings in the interior masonry wall.

“Well, we’re fine with making exceptions.” The Italian political commentator, Mr. Lawson, speaks up. He thinks we’re doing too much single lot of record stuff.

Apparently, there was a Subway in the base of one of the buildngs and a souvenir/t-shirt shop in the base of the other. Whatever went in would have to comply with zoning.

Another commissioner, this one a crisp-talking man with trendy, circular black glasses makes a move to approve...with qualifications. He wants to get rid of the vinyl windows. He gets a second.

Mr. Lawson says we’re mostly reactive. He wants the commission to do some proactive work. Clinton Street is getting trashed. “But it would potentially be a wonderful pedestrian mall - outdoor dining, coffeeshops, etc.” He complains of loading docks, illegal air conditioners. “It’s a mess back there! And it’s gotten worse in the last five years.”

Black glasses chimes in to clarify that all of that would be moved to the roof (I don’t know what he’s talking about).

There’s a man off in the corner of the room, back by the giant bookshelf that runs along the back of the room, who looks a lot like the columnist Tom Friedman.

[Incoherent cross talk].

The chairman moves to cut off one of the staff memories.

“The pediment of the Customs House is an architectural treasure.” That’s Mr. Lawson.

And then there’s approval. Moving on to St. Ann Street. We’re talking about Old Time Photos, a photography studio.

The staff member talking just now likes to say “Fo-TOES.”

Uh oh - the Chairman has a problem. He passed by the property on Sunday. There are tons of old time photos on the windows...but it’s on the inside of the glass.

“It’s a very gray area.”

“...There are rather audacious photographs on Bourbon Street...” the Chairman notes. Wouldn’t it be inconsistent to regulate on this one?

[I sneeze, rather noticeably].

A pink lady shows up, sort of wavers in and out of the door. The staff girl in yellow with a jean skirt...and black tights...gets up and goes to her, half hunched over.

We’re now talking jurisdictional authority. There’s a need for more specific rules...since City ordinance does not apply directly to the Vieux Carre Commission. It’s been found to be unwise for staff people to exercise authority in which they haven’t been given that authority.

We now talk about the text of the ordinance. The chairman opines.
“We control anything inside 36 inches into the property.”

“But if it’s inside a fixed enclosure...it is questionable whether it gives us the authority fully...”

Textual debate ensues about the word “open.” Now, open verus openable.

The chairman says the commission will seek legal counsel. He, personally, finds the photos distasteful. They were not nasty, they were just ugly.

“Would it be simple enough to take the photos down?” A man in the back row yells out.

It appears the photo owner is here!
AWKWARD.

“It’s only attached by Scotch tape.” The owner continues to talk away.

“This borders on the realm...of where we as a commission who control architectural elements...this goes into marketing and that’s not the responsibility of the commission.” The sharp dressed commissioner, somebody M.D., continues to speak.

“First time venture...I’m just learning as I go along. I learned a lot here today.” Owner. Passage ensues. “Gracias.”

312 Royal, an art gallery, is on the docket. This one seems simple. It’s always been an art gallery. Passed.

1218 Decatur. A proposed change of use for candle sales. Staff talks.
Somebody’s phone goes off.

There’s laughter and confusion in the room about the image on the sign.

Candles will be made on site. Approved. “Looks like a nice product.”

And now we move on to 308-10 Royal, the final item on the agenda - which is an appeal.

An aluminum gutter, it seems, was added onto a balcony without a permit. We see a large photo of the heinous act up on the wall via the projector. Owner wants to appeal. He wants to paint the gutter to match the existing balcony. The owner lives in Baton Rouge.

“What was the reason for the architectural committee’s action?” Chairman.

“Well, it’s in a strange location...” The staffer lady trails off.

The chairman’s phone goes off and he steps out. He, apparently, was the culprit earlier, too.

“So we should just defer this?”

Black glasses uses a laser pointer to show the commission how this gutter is different, etc.

It appears that there was a gutter there previously...and he just put it up to replace what was there...without a permit, using a non-permitted material.

The commission tries to figure out if the owner was going to attend.

“While we wouldn’t want to foster the idea of anyone installing anything without a permit...this isn’t one of the most horrible things we’ve ever dealt with.”

The crowd is talking - I can’t hear the chairman.

Chairman: he installed an item that we wouldn’t have approved if he had actually asked us for one.

Chairman’s report. The city prevailed in the matter of 711 Bourbon Street. An appeal relating to some ATMs is discussed - administrative law proceedings.
The Chairman threatens to shut the guy down.

[This is no free use of property place. This is the Vieux Carre.]

Chairman: who knows who is going to return to this commission with the new mayor. We must aggressively enforce. He’s going after T-Shirt shop - “put all their crap - all their nasty, dirty t-shirts on the wall...and all of the other things, we’re going to start issuing citations to them on a daily basis.”
“Each violation is $100 or 90 days in jail or both. Each piece of printed material...or t-shirt...shall constitute a separate violation.”

[How in the world can they crack down like this when Bourbon’s had this stuff out for years? What about reliance.]

“It looks a mess. That’s not what the French Quarter is all about. T-shirt shops is not what the French Quarter is all about.”

“We will issue. We are going to be aggressive. We’ll have to have one of us in the courthouse every day. We are going to make these people pay the price for trashing the French Quarter.”

Another problem - posters put up on signs with staples on facades. 1200 block of Decatur. With staples, it stays forever.

The display of things on buildings not by merchants is an issue of clutter in the French Quarter.

An audience member speaks up: “What if it has to do with religious or charitable group?” The commission says they don’t see that. She says she does see that on her building.

“So, shall I call Patty O’Flanders...or will you?” Some of the commissioners look aghast - Ms. Betty H. Norris drops her jaw down into her leopard-skin kerchief and blue shirt.

Now we’re talking commercial leafleting. Boring, really - no seeming end to this.

A few things finally emerge:
Dr. Lupin - Chairman
Sharp-dressed man = Director

Criminal or civil action on the 711 Bourbon property? Director says the prospect of criminal sanctions was “music to his ears.”

3:02 - Motion to adjourn approved.

Reinforcing my point

2009-10-31T20:13:00.000-05:00

At least they don't fight like the Germans -- the French are proving that there is a good way of doing both military and civilian operations in Afghanistan:

In Kapisa, the French task force is headed by France’s 3rd Marine Infantry Regiment, commanded by Col. Francis Chanson.

“Success in Kapisa will hinge on development more than the destruction of insurgents,” Chanson said. “I’m not trying to gain their heart, but their confidence.”

The French focus simultaneously on security and development, believing they go hand-in-hand. From their base in Tagab village, the French troops set out to gauge insurgent strength along the valley road and give reconstruction teams time to assess the area for construction projects, such as roads and police stations.

“You don’t have to wait for total security to start projects,” said Capt. Antoine. (Except for senior officers, the French military permits only the use of first names.)

The French example also serves to reinforce a point I made the other day -- the civilian and military aspects of the campaign must be closely linked, working in tandem, rather than dis-coordinated and haphazard.

This civilian capacity is an aspect of the campaign to which Europe can contribute greatly, but Obama's options are slimming -- indeed, the honeymoon with Europe seems to be coming to an end:

Despite George W. Bush's defiant "you're with us or you're against us" public stance, he actively solicited advice and input from his NATO partners. Obama, by contrast, is saying all the right things in public about transatlantic relations and NATO but adopting a high-handed policy and paying little attention to Europe. And Europe is taking a hint.

Macabre Day

2009-10-31T12:50:00.000-05:00

Visit St. Roch Santo Campo...if you dare.

In the Headphones

2009-10-31T10:00:00.002-05:00

It's that kind of day.

The right response

2009-10-30T23:41:00.000-05:00

Kudos to the Obama administration -- they got this one exactly right:

That's what made Biden's trip interesting. First, just a few weeks after the reversal, he revisited these countries. He reasserted American commitment to their security and promised the delivery of other weapons such as Patriot missile batteries, an impressive piece of hardware that really does enhance regional security (unlike BMD, which would grant only an indirect boost). Then, Biden went even further in Romania, not only extending his guarantees to the rest of Central Europe, but also challenging the Russians directly. He said that the United States regarded spheres of influence as 19th century thinking, thereby driving home that Washington is not prepared to accept Russian hegemony in the former Soviet Union (FSU). Most important, he called on the former satellites of the Soviet Union to assist republics in the FSU that are not part of the Russian Federation to overthrow authoritarian systems and preserve their independence.

This is exactly the right note to strike. We reached out to Russia, and they refused to make concessions. Now we are making it clear that non-cooperation carries a price, and that we will stand by our allies in every way we see fit.

I must disagree, though, with this:

On a deeper level, Russia once again is shaping up to be a major challenge to U.S. national interests. Russia fears (accurately) that a leading goal of American foreign policy is to prevent the return of Russia as a major power.

There is no problem with Russia becoming, once again, a great power. Indeed, having a democratic Russia that played by international laws would bring a great deal of needed stability to the region, and serve as a needed bulwark against a the growth of Chinese power. But my caveats -- democracy and respect for the international community -- are far from being met; until they are, the US has a duty and a vested interest in preventing a Russian resurgence.

Linkages

2009-10-30T22:57:00.000-05:00

Reading Russ Feingold, I'm reminded of Robert Kaplan:

In the 1990s, successive democratic Pakistani governments struggled to cope with intensifying social and economic turmoil. Violence was endemic to Karachi and other cities. But even as the Pakistani political elite turned inward, it remained obsessed with the related problems of Afghanistan and energy routes. Anarchy in the wake of the Soviet withdrawal was preventing Pakistan from establishing roads and pipelines to the new oil states of Central Asia—routes that would have helped Islamabad consolidate a vast Muslim rear base for the containment of India. So obsessed was Prime Minister Benazir Bhutto’s government with curbing the chaos in Afghanistan that she and her interior minister, the retired general Naseerullah Babar, conceived of the newly formed Taliban as a solution.

The security and stability of Afghanistan is inextricably bound up with the security of Pakistan.

Having troops in Afghanistan is only as useful as the Western civilians who carry out the backbone of the nation-building, really the capacity-building, mission. Doing "counter-terrorism" is not enough. That's the first step. The way to actually get the country stable is to do an intensive, probably State Department-led, Peace Corps-style, grassroots capacity-building program. And that's where Senator Feingold's minimalist, counter-terrorism only focus goes wrong.

What will the health care bill really mean for costs?

2009-10-30T13:03:00.000-05:00

I've been thinking about that question quite a lot lately. While I'm concerned about the public option, I don't really think it has a chance of passing. My biggest concern lately actually comes from preexisting conditions.

It seems that everyone in Washington agrees that insurance companies shouldn't be allowed to deny service based on any preexisting ailment or illness, but what would that do to costs? I think that it's quite obvious that many people - especially young people - will skip purchasing any insurance until they get sick. Then they buy insurance for a few months or until they are healthy again and then they'd drop it again.

If you know that the insurance companies can't punish you for poor planning, there is no incentive to purchase inurance.

Of course many people suggest that the solution to this problem would be to mandate everyone purchase insurance, then the risks are spread out and everyone wins. Well, not really. Passing a mandate for everyone to purchase health insurance gives the government the authority to pass minimum coverage requirements. Even then, the penalties for not purchasing insurance must be high enough to make purchasing insurance the cheaper alternative, but the penalties that were discussed during the committee debates in the Senate never came close to that threshold.

The potential result of this was plainly seen in Wisconsin just this year. When the legislature passed increased liability minimums for auto insurance, most people saw their insurance premiums increase. Even though our risk in Wisconsin is spread out, it wasn't enough to prevent government meddling to artificially raise the cost of auto insurance for Wisconsin drivers.

Anyone who thinks the same thing can't or won't happen with health insurance at the federal level is living in a fantasy world. The health care bills in the House and the Senate all add to the minimum requirements of coverage for which insurance companies must pay. That alone will force the cost of health care upward and stifles competition by limiting the ability of insurers to tailor their plans to the needs of the consumer.

By heaping requirements onto insurance companies, Congress would only make the problems of cost and access worse. I don't deny that health care and health insurance in the US needs to be reformed, but in this case it seems to me that the answer is less government intervention, not more.

Overboard

2009-10-30T13:01:00.001-05:00

An LSU fan proposes stealing something from Tulane as the traditional rivalry ends.

Musikvideo von Freitag

2009-10-30T10:01:00.000-05:00

I discovered this week that this song is an English-language cover of this song:

It all started when a labmate from Germany and I were talking about music and I mentioned how Nena did an English version of 99 Luftballons. I've been working on my German.

I had only ever heard this song in English and I probably hadn't heard it since the mid-90's. When I was little, my mom's car had a cassette player and there were exactly three tapes: something-Gloria Estefan, something-Phil Collins, and Greatest Hits of the 80's. Der Kommisar and Wang Chung are the only songs I remember from the tape.

Here are the lyrics in German. The two versions mean largely the same thing, but "Dreh dich nicht um, schau, schau, der Kommissar geht um!" just doesn't have quite the same ring.

By the way, has anyone else noticed that classic rock stations are starting to creep into the 80's?

Mayor Nagin Makes His Budget Address Today

2009-10-30T09:29:00.001-05:00

By dint of my pro bono assignment, I'll be in the Council Chambers this morning as it happens.

This suggests a problem

2009-10-30T00:16:00.000-05:00

Paul Ryan and Jim Sensenbrenner are coming back to Wisconsin to "share the House Majority’s massive health care overhaul with their constituents this weekend." Of course, it's a behemoth, checking in at 1990 pages.

But I wonder if we should pass any bill that can't be carried on a plane: "Ryan and Sensenbrenner would leave copies of the 1,990 page bill at each of their districts’ libraries, but the airline on their flights back to Wisconsin this evening only allowed one carry-on item each."

That's right -- each Congressman can only carry one copy of the bill home with him. Granted an overhaul this major needs to be detailed, but the gargantuan size of the current legislation suggests such a great degree of inaccessibility that I worry if anyone will truly comprehend the thing. This is a large, slow-moving target that anyone willing to take a shot should be able to hit. I just hope it will be enough to bring down the beast.

After the jump, the full text of the press release, including details on where and when you can hear both Congressmen.

Sensenbrenner and Ryan To Deliver Speaker Pelosi’s Massive Health Care Overhaul to Wisconsinites This Weekend

WASHINGTON – Congressmen Jim Sensenbrenner (WI-05) and Paul Ryan (WI-01) will share the House Majority’s massive health care overhaul with their constituents this weekend. After weeks of closed doors meetings inside the Capitol, Speaker Nancy Pelosi unveiled the 1,990 health care overhaul on the steps outside the U.S. Capitol earlier today, with a vote on final passage expected in the week ahead. While Pelosi’s unveiling was by invite only, Ryan and Sensenbrenner will not be checking IDs at the door. Their events are open to the public.

Ryan will leave the health care bill at the Franklin Public Library tomorrow at 11 a.m. Sensenbrenner will present the legislation at the Elm Grove Public Library on Saturday at 12:30 p.m., in advance of his 1 p.m. town hall meeting at the Elm Grove Village Hall.

First District Representative Paul Ryan

11 A.M. CT – FRIDAY, OCTOBER 30, 2009

Franklin Public Library, Fadrow Room

9151 West Loomis Road

Franklin, WI 53132

Fifth District Representative Jim Sensenbrenner

12:30 P.M. CT – SATURDAY, OCTOBER 31, 2009

Elm Grove Public Library
13600 Juneau Blvd.
Elm Grove WI 53122

Ryan and Sensenbrenner would leave copies of the 1,990 page bill at each of their districts’ libraries, but the airline on their flights back to Wisconsin this evening only allowed one carry-on item each.

To read the bill online, please click here.

A Cruel Winter Approaches

2009-10-29T21:11:00.001-05:00

"It's starting to look like Harry Reid and Nancy Pelosi are leading the Donner Party, the snowbound emigrants who bogged down in the Sierra Nevada winter in the 1840s and resorted to cannibalism to survive."

Paths

2009-10-29T21:00:00.000-05:00

High Cliff State Park, WI