So the last diary was very very long.
I could have cut it up into pieces, but I figured it was just better to put that out and explain it as best as I was able, the disturbing material I am reading.
Once again, I am kind of surprised that this isn't something that has been really talked about in the press, either MSM or alternative press, because the document is available online. But then again, I think perhaps we all have been suffering outrage exhaustion.
So get your coffee, sit down, do some breathing exercises, because here we go.
Some of this I have posted in various comments. However I want to put this in one centralized location. So lets revisit a the State Official's Guide to Critical Infrastructure:
The law as it applies to critical infrastructure protection involves statutes enacted by Congress and state legislators, and regulations promulgated by federal and state government agencies, many of which were put in place to address specific issues characteristic of each regulated area. Therefore, many parties have jurisdiction to make law concerning some part of the nation's critical infrastructure. The legal issues that states are currently dealing with when making critical infrastructure policy stem almost completely from issues regarding information sharing, including questions regarding information protection, privacy, right to know issues, anti-trust issues, and even liability issues. State Official's Guide to Critical Infrastructure pp43
I think that this paragraph really does a great job in outlining all the troubles we have had with the Federal, State and Local governments, regarding the Patriot Act vs our Civil Rights. Especially that last part:
The legal issues that states are currently dealing with when making critical infrastructure policy stem almost completely from issues regarding information sharing, including questions regarding information protection, privacy, right to know issues, anti-trust issues, and even liability issues.
1. Information Sharing
2. Information Protection
3. Privacy
4. Right to Know Issues
5. Anti-Trust Issues [wow another big one!]
6. Liability Issues
1,2,3 and 4 are all big ones because those mess with the First and Fourth Amendments.
5. is a big giant WTF moment--Anti-Trust issues? Too big to fail ring a bell for anyone? Not to mention, how would the merging of a police state with a corporation wherein said company obviously benefits from this financially and possibly professionally [via govt sponsored corporate espionage], and not to mention, using said government wing to squelch protesters while a company violates civil rights, labor rights, financial law, and/or environmental law?
I am going to go real basic here:
United States antitrust law is a collection of federal and state government laws, which regulates the conduct and organization of business corporations, generally to promote fair competition for the benefit of consumers. The main statutes are the Sherman Act 1890, the Clayton Act 1914 and the Federal Trade Commission Act 1914. These Acts, first restrict the formation of cartels and prohibit other collusive practices regarded as being in restraint of trade. Second, they restrict the mergers and acquisitions of organizations which could substantially lessen competition. Third, they prohibit the creation of a monopoly and the abuse of monopoly power. Wikipedia US AntiTrust Laws.
Tell me how when you look at the block quote and other related material below--that what our government has done, when basically merging with these critical infrastructure companies, that they haven't--in the very least, formed a cartels, that directly affect trade and competition, and that enjoy all of the powers of a monopoly at the expense of the consumer/citizen? Clearly all the companies have not benefited from this equally.
Now to the next quote:
The federal government's Homeland Security Act created new exemptions to the federal and state Freedom of Information laws. The Critical Infrastructure Information Act {CIIA}, part of the Homeland Security Law, states that when a business voluntarily submits, "critical infrastructure information" to the Department of Homeland Security, it is exempt from federal FOIA. Further, if the federal government gives that information to a state, then that information is exempt from state FOIL as well. The law also grants businesses immunity from civil liability for violations of securities law, civil rights law, environmental, labor, and consumer protections, and health and safety laws should violations be revealed in the information they provide the department. State Official's Guide to Critical Infrastructure pp 43
This
"...law grants businesses immunity from civil liability for violations of securities law, civil rights law, environmental, labor and consumer protections, and health and safety law should violations be revealed in the information they provide the department." ibid
So lets count that out, that's immunity from the following laws
1.Securities
2. Civil Rights
3. Environmental
4. Labor,
5. Consumer Protection
6. Health7. Safety.
So now we have trusts formed between very large companies deemed critical infrastructure, and they appear to be immune to all the laws of the land that matter.
But it gets better.
The same document shows which government agencies are the lead for this Critical Infrastructure Program:
. Below are Agencies and Sector Leads.
(a) Agriculture Dept of Agriculture
(b) Meat and Poultry Dept of Agriculture
(c) All other Food Products Dept of Health and Human Services
(d) Water Environmental Protection Agency
(e) Public Health Dept of Health and Human Services
(f) Emergency Services Dept of Homeland Security
(g) Continuity of Government Dept of Homeland Security
(h) Defense Industrial Base Dept of Defense
(i) Information and Telecommunications Dept of Homeland Security
(j) Energy Dept of Energy
(k) Transportation Dept of Transportation
(l) Banking and Finance Dept of Treasury
(m) Chemical Industry and Hazardous Material Environmental Protection Agency
(n) Postal and Shipping Dept of Homeland Security
(o) National Monuments and Icons Dept of Interior
Pg 51 of 88 of the State's Official Guide to Critical Infrastructure
Now how are the regulatory agencies supposed to do their job, if all a company has to do, is provide damning evidence of wrong doing to the Department of Homeland Security in order to receive legal immunity?
I don't know about you, but this--this looks really bad.
Some will say, "Well who else would we appoint as the leads?" And I would answer, a neutral third party appointment who has no power to regulate or deregulate the companies and industries in question.I would prefer that third party be forbidden to go to work for companies they regulated for at least 20 years, if not indefinitely, in order to avoid the appearance of impropriety. The granting of immunity on these matters is simply shocking.
That means if Big Agricultural, Chemical, Financial, Banking, or Energy Companies confess their legal sins to Dept of Homeland Security [DHS], the agencies responsible for regulating them are bound by law to ignore the transgressions. Oh well, sucks to be you and me, and oh yea, they also get to violate our privacy laws, our civil rights laws, environmental laws, labor laws, and securities laws--even health and safety laws.
To me, this explains a lot of the bizarre Kabuki that has been going on in the beltway since the passing of the Patriot Act, and the bukaki that has been inflicted on the rest of us.
Note: FOIA means Freedom of Information Act and FOIL means Freedom of Information Law. FOIA is federal, FOIL appears to be at a state level and are also called Sunshine Laws, or Open Records and Open Meetings Act.
Tue Jul 23, 2013 at 8:57 PM PT: Just adding some stories that seem to be connected to this discussion:
It's not just the NSA! Judge Rules that Chevron can collect private info of people suing them. http://www.alternet.org/...