Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Thursday, January 04, 2007

World Business Leaders Wary of US Govt Mail Snooping

The US mail is no longer secure, prompting some business leaders to shut down operations in America, prompting a Senator to ask the President questions in writing.

As long as Europe is targeted, Europeans may lawfully target Americans.

Emily Lawrimore is stupid for invoking the discredited ticking time bomb scenario.

All firms should presume their mail is being tampered with, accessed, and has been compromised. Find new methods to transfer information bewteen divisions and regional facilities.

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The US government, working in concert with corporations engaged in alleged war crimes, are targeting businesses.

___ What is the basis to target one business over another?

___ If a business refuses to cooperate with the illegal war crimes, how quickly are the DHS personnel directed at the firm, as is information disclosed to competing commercial interests?

___ Why should we believe any of the protections, otherwise in the law but ignored, are going to be respected in re: Data privacy, data protection, and guarantees the information is not used for unintended purposes?

___ If a US firms cooperates with war crimes, are they given special access to seized intellectual property from competitors?

___ What are the remedies if US officials disclose proprietary information; if there are no remedies why would anyone want to risk sending any confidential information through the US mail?

___ Are firms who refuse to disclose trade secrets going to be targeted using trumped up charges?

___ How many illusory requirements will competing firms create to raise the bar on market entry for new competitors?

___ Will some US firms get a "pass" on inspections if they provide political campaign contributions?

___ How many firms who refuse to provide campaign contributions are targeted?

___ To what extent are firms, otherwise engaging in lawful commerce and constitutionally protected activity, targeted for mail interception if they oppose the President's illegal activity?

These events and attached business risks for intellectual property suggest commercial activity in the United States is less attractive.

___ How will privileged information be used for an unfair competitive advantage?

___ To what extent will US government and competing resources be targeted at new market entrants who do not have a favorable position with the White House or DHS?

___ To what extent with the US government use ruses, deception, and illegal activity to interfere with contract relationships?

___ How will this inside information be used to put competitors at a disadvantage?

___ How is the US government going to use the information to favor US firms, and change the rules for competing firms relying on specific guarantees, contracts, and others arrangements which were though to have been firm, not disclosed?

___ How is the US government going to use this inside information to the disadvantage of firms competing in the US markets?

___ What are firms going to get in exchange for tolerating this abuse of power, intrusion, and violation of intellectual property?

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Commercial transactions were supposed to be streamlined with the internet. Now, the e-mail and snail mail are compromised for absurd excuses. There are fewer reasons to point to America as having a favorable business climate; alternatives have the same intrusions. The net advantage of continuing operations in America is evaporating.

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The President, by invoking illegal powers to search mail, has compromised the communication system business leaders rely to engage in commerce.

Once that information is disclosed it is not longer protected. It's most likely the information could be used to support defective, incompetent US corporations who otherwise can't attract talent to successfully compete.

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Intellectual property rights have to be recognized, this means being able to freely communicate with legal counsel and others before the products are brought to market.

The President is effectively saying that on his word alone he can violate all protections and guarantees related to these protections, and transfer this information to anyone he deems should receive the information.

We judge the US economic community, despite its rising stock prices, is less attractive. Business leaders, because of the hassles at business conferences, have elected to conduct business elsewhere.

The rules permitting the President to review mail further erodes confidence in the communication systems needed to support commerce in the United States.

We have no idea whether a disclosure remains in confidence; or whether the information can be credibly protected.

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We conclude that all information transmitted through the US mails is no longer secure. Only hand-carried mail, by courier, can be protected. If you would like to send information, we no longer accept information by e-mail or US post. You're going to have to hand carry it, and you will bear the costs.

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America's problem is its lack of respect for the Constitution. Warrants should be obtained. They have enough time to open the mail and release private information, but not enough time to follow the law. This fails to inspire confidence in the US justice system and corporate governance.

Whether the President is or is not required to get a warrant is irrelevant -- he's already shown contempt for the warrant requirement; and Senator Leahy [D-VT] was denied information from DOJ on the illegal FISA violations.

It's most likely the US government, even if it breaches commercial contract secrecy laws, is going to invoke the "state secrets" privilege to hide the transfer of intellectual property to competitors.

America is no longer an attractive option to independently develop new products, cooperate with others, or engage in commercial negotiations.

This President has used all sorts of non-sense to say the situation is an "emergency" and ignored the retroactive-oversight requirements and reporting to Congress. There's no reason to believe he'll comply with the Congressional requirements regarding US mail and warrants.

There is no legal foundation for this intrusion, it is contrary to our business interests, and potentially puts our intellectual property in jeopardy.

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We're not taking chances. All business operations in the US have been shut down, employee contracts are terminated, and we're exporting business operations. We hope you consider doing the same.