2012 was the year...

This was quite a year for me, perhaps a watershed in some ways, but one that will at least allow me to truly move forward in my life and to be a free of the terrible stress expediting the completion of a historical account. There are no rules for that, and only a few guidelines. In the end, you're the only one who knows what you experienced, and even then, that's not always a given. You know what you were told. You know what information was conveyed to you. You know what you experienced during these interactions, but they're fragmented, obscured, and questionable in one way, completely credible in others. That's navigating a labyrinth. 

This wasn't just 2012 for me, it was the last five years of my life. What was real? I discovered many things that were, many more that were not, and more than all that combined that remains a mystery to myself and others. The terrible part is to then extricate yourself from the narrative continuum to continue on with your own life. There are apparently some out there who don't want this to happen, but I have news for them. It is going to happen.

I'll promote the book, and I'm open to interviews, all that's fine. However, I won't be dragged into other people's agendas, and there have already been attempts to do this, right out of the gate of the release of Let the Dead Bury the Dead. When else would it occur? There will be more. Interestingly, the phony cease and desists have halted, a form of harassment that I've experienced from the beginning of my involvement with Jeane's case to the present, several months ago, then once more just weeks ago. The fact that they've now become silent in their legal harassment from the shadows tells me what I always assumed: it was all predicated on scaring me out of publication. That was never going to work in a nation where prior restraint has been ruled unconstitutional so many times that it's solid precedent. A first year law student would know this, and so too would many millions outside of legal profession. Were I to discover their identity, I could sue them in a civil court, and maybe even hit them with criminal charges of harassment--that is, if it's not the government, then the funhouse rules come into play.

Is this a story many don't want to be told, Jeane's story, the information that I and others came into possession of? It was uncanny how often the information was coming to me, not the reverse. There were many times that Jeane would mistakenly send me entire email-chains between herself and counsel and others, and doing so when I wasn't even part of the defense as a researcher. Was she trying to let me bear witness? Sometimes, she was, unquestionably, but I don't think the chains always were. When she Cc'd her exchanges with journalist Jason Leopold, whom I bear no ill will mind you, she was most definitely doing this. There were other occasions, sometimes to bounce my opinion off of things counsel was conveying to her. What did I think of this crafted motion? Did I trust counsel? Did I know more about their and numerous other players' backgrounds, sometimes collective, interconnected ones? The answers were always varied. Sometimes I was able to find out, many other times, she was simply asking the impossible out of desperation. This all had to be written down and chronicled before it gradually vanished from my memory, and the memory of others, because so much is lost to history when this kind of action isn't taken immediately. It escapes into the Aether, subsumed by darkness, assimilated into the Abyss. You can bet that a lot more is sitting on a hard drive at some "fusion center" in the continental United States. An FOIA isn't going to free it up anytime soon.

I'll continue to answer questions to the best of my ability on the subject, because I think it was a far more important case than most of us realized at the time. It took a great deal of after-the-fact research on my part, a lot of reflection on what happened when Jeane was alive, what my role, my place, in it all really was, and to question, question question, and that includes myself, my assumptions. It turned out that many of my earliest ones were either correct, or that I was on the right trail.

The public has a right to know what's being done in their name and how their taxes are being spent. This is why my account is important. Besides being a historical chronicle for the historical record, it can be a starting-point for further inquiry. Because of the information I came across, I'm not naive enough to believe that this is going to happen. Our political system is in what I consider terminal crisis that's borne out of the natural lifecycles of democratic societies. They have a shelf-life, and we're around the time of the expiration date. 

The cycle, as one would imagine, is a circle. I recommend looking at the democratic and republican experiments in ancient Greece and Rome. Western societies appear to begin with warrior king leadership that grows into some general form of feudalism, then to forms of republicanism where it's primarily based around land ownership, often headed by a senate, some parliamentary structure, and on into wider forms of democratic franchise, popular democracy of some sort. Unfortunately, and the ancients saw this firsthand, democracy is also the most fertile soil and prerequisite for tyranny, either by the masses or a dictatorship. Because the general population is usually uneducated, ignorant, stubborn--holding all the human frailties related to pride--there's a tendency towards an overemphasis on the military. Appetites, often arising out of inequality, must be fed in order to rule, and so, it's not simply leadership that demands empire, it's the people, the working-class wage slaves, the populi, the plebes. Military adventurism becomes a virtual inevitability. 

Because of the social reality of a minimum degree of democratic rights, the franchise, the vote, a say in how things are done, we must have bread and circuses, the mob must be placated and diverted away from a real voice in the operation of society ruled by some form of aristocracy. More often, people want to be told what to do thinking that it's easier, and too often, they want a strongman leader to show them the way. Sadly, I see us at the end of this cycle and heading towards dictatorship. The American public will hold just as much of the blame as the current rulers when things disintegrate into this. Can something better arise out of this? Eventually, if we can survive. The Greeks are still waiting for democracy, so there's a good idea of how long it might take.


Do I see much change in our course in the United States, to avert what no other democratic society was able to endure, besides maybe the Swiss? No, I'm afraid not. We're going to continue our military adventurism, until there's no more money left in the Treasury--what happened to Athenian democracy--or someone creams our ass, more likely a combination of both, which has many precedents. Democracies die of neglect. When the 17th and 18th century liberal thinkers spoke of revolution, it was as a warning, not a threat, that there must be reform or that things will collapse into chaos and violence. This is what the social contract is about. We either work together, looking out for each others' well-being, or we will surely die together. Apathy and indifference towards others is a ticking bomb, and it's why I have a serious problem with American Libertarianism, a subject barely worthy of comment for its obvious irrationality. Thinkers such as John Locke were saying that breakdowns of order happen when a society becomes so dysfunctional from misrule, and the missing-ingredient is the public, that people begin killing each other. But the public too often is unaware of their power. They're apathetic, divided over petty squabbling, generation after generation, making the exact same mistakes. Worse still, the public is very often wrong like their rulers. Now, you, the thoughtful reader, will know why my book is only going to reach so many people. The truth hurts. And now on to other related things that happened in my life this year...

2012 was the year that I:

...finished and published the manuscript of my experiences in the DC Madam case (and beyond it, stories never end, or ever die). Let the Dead Bury the Dead can be traced back to an exchange in the New Testament between Jesus and a disciple who said that he needed to bury a loved one before he could go with them on the road. I was unaware of this at the time I decided on the title. It has become an idiomatic phrase throughout the world over the centuries, and there is no agreement on what Jesus meant by it. Some say he meant to let the spiritually dead bury the physically dead in a dead, fallen world. Others say that it means to move on from the past, to not dwell on it, to not live in the past. I don't claim to know what he meant or originally said, but I think all the meanings relate to me and the book. This is when you begin to realize that you've hit on some very fundamental truths, and not merely artistic truth, but truth itself. So much of this has been serendipity to the point that it cancels itself out, it is no longer coincidence, but the truth, however terrible, liberating, or great. I can only feel humbled by it all.

...was asked to research the Wikileaks StratFor emails cache, along with many others of course. This didn't come to be, unfortunately, over technicalities I'll go into one day. To be asked was very exciting. My opinion of Assange is yet to be finalized. On an interpersonal level, I'm sure he can be a pushy asshole. On the other hand, it's probably worth it to kick people who aren't serious to the curb, which he has done on numerous occasions. The amount of information coming out of governments around the world? I can tolerate a lot there. The people Wikileaks is working against are the worst in the entire world.

...began watching the great works of cinema as much as I'd been wanting to for a very long time, and when I purchased a Blu-ray player when my old DVD-player croaked. Watching a cinematic classic in HD is maybe one of the few great technological achievements of the current era. If it serves the dissemination of the arts, information of value, in a better way, I'm all for it. There is nothing more important than cultural expression when it's the truth.

...noticed that for some reason I'm aging well. This is probably because I rarely drink and smoke and get regular exercise. Why stress didn't contribute more might have to do with the fact that my family has naturally low blood pressure. The other good side is that the more I grow older, the great my resemblance to Oscar Wilde, and that's not a jest.

...realized how wonderful my mother's parents really were, and how their home is truly my home. America is my home, I cannot leave her. As fucked up as she is, I still love her, or I wouldn't be trying to save her from herself. At some point, it doesn't matter what the odds are. You must act out of decency and honor, armed with knowledge and a sense of persistence and the long view.

...found that many of my fellow Americans are a pathetic embarrassment that far exceeded my worst opinions of them. This includes many Democratic voters and supporters who refuse to criticize the president for committing war crimes and wrecking the Constitution, all but gutting the 4th Amendment, the right to privacy. He has yet to restore habeas corpus. We are not facing the threat to public safety and order that President Lincoln had to when Southern politicians and officers committed treason over his election in 1861. Why doesn't anyone become alarmed by this? Congress just re-authorized the NSA's warrantless wiretapping program for another five years. See how well they can all get along when they want to? What the hell's wrong with the public, where's the outrage over these encroachments on our rights? Much of it is ignorance, but it's also the desire for a strongman leader who has "taken-off the gloves," who is no longer restrained by the law. These people are the worst kind of citizens of any society, in any era of human history, and are scoundrels. Many American look at politics like it's a football game. This makes these people incredibly stupid assholes.

...realized how much I value living outside of cities in what could be best described as a "light rural" area. I've been here for over a decade now and love the lack of many people.

...realized what a genius Pier Paolo Pasolini truly was, one of the greatest artists in the span of Western civilization.

...installed my Tor browser (thanks Wikileaks). I suggest everyone do the same and to learn more about encrypting your online communications.

...got to know my wonderful niece Zofia better. Picking her up from the bus stop every day for the first five months of the year is something that I'll always treasure. It showed me a little window into how my late grandparents, especially my mother's mother, loved spending time doting over us. She's a great kid, very intelligent.

...learned that blood not only isn't thicker than water, but that it's often the consistency of liquid-shit.

...remembered why I hated school, church services, and anything so boring that it begins to kill your soul: it's someone controlling your life, and wasting your precious time.

...recalled what an inhuman asshole my ex-wife really was in-sum.

...learned how much I love our new miniature schnauzer, Lily.

...found a lot of old books I thought I'd lost.

...stopped trusting almost anyone outside of my family and a small circle of friends.

...felt vindicated when former Penn State assistant coach Jerry Sandusky was found guilty on over forty counts of being a pedophile. For anyone who's been a victim of this, you know what I mean. I'm hoping the SOB gets shanked in prison, or beaten to death. There's no reason to show mercy to these terminally-pathological pieces of shit. They should be watched and tracked all of the time once they've been identified by society.

...saw the combined effects of de-institutionalization of the mentally ill and the wide-availability of heavy weaponry on the lives of 20 schoolchildren, and six of their adult caretakers, in Newtown Connecticut. The time to reopen our state mental health institutions is now. We have no real mental healthcare system, and it must be part of a socialized medical infrastructure. 

...still hate the idea of ever going back to Seattle for any reason.

...was reminded that most so-called "upstanding citizens" are more criminally-minded than so-called "criminals." To be accused is not to be guilty. We have something called the right to due process. The public and the press seem to have no concept of this. Put the 6th Amendment on the same critical-list as the 4th, and more recently, the 1st with the attacks on dissent and independent journalism.

And there was more. There was a lot more. Wish us all luck in the next year, because we're going to need it.

Stratfor settles on security breach (document)

Ed. (my name is not Ed)--This is all she wrote. Wikileaks published many thousands of emails from the private intelligence firm, Strafor, in December of last year after hackers caused a security breach and made off with them, and so on. This is the settlement between the soon-to-be-defunct firm and various plaintiffs who were compromised. Enjoy...

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK A class action settlement involving Stratfor's online service will provide benefits to those who qualify. A court authorized this notice. This is not a solicitation from a lawyer. ·         There is a class action concerning whether Stratfor Enterprises, LLC, Strategic Forecasting, Inc, and George Friedman (together called "Stratfor") improperly contributed to the loss of personal information that occurred when Stratfor's servers were illegally hacked in December 2011. ·         A proposed settlement has been reached with Stratfor (the "Settlement") and is pending Court approval. ·         Under the terms of the Settlement, you may be eligible for certain benefits if you qualify ·         Your legal rights are affected whether you act or do not act.  Read this notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: ASK TO BE EXCLUDED Get no compensation. The only option that allows you to individually sue Stratfor over the claims resolved by this Settlement. OBJECT Write to the Court about why you don't agree with the Settlement. GO TO A HEARING Ask to speak in Court about the Settlement. DO NOTHING Receive benefits, if eligible. Give up rights. ·         These rights and options-and the deadlines to exercise them-are explained in this notice. ·         The Court in charge of this case still has to decide whether to approve the Settlement. If it does, and after any appeals are resolved, benefits will be distributed to those who qualify. Please be patient. QUESTIONS? CALL 1-866-322-4455 TOLL FREE, OR VISIT WWW.StratforSettlement.COM BASIC INFORMATION 1.   Why was this notice issued? 2.   What is this lawsuit about? 3.   Why is this a class action? 4.   Why is there a Settlement? WHO IS IN THE SETTLEMENT 5.   How do I know if I am part of the Settlement? 6.   I'm still not sure I'm included. THE SETTLEMENT BENEFITS-WHAT YOU GET IF YOU QUALIFY 7.   How do I qualify for compensation? 8.   How  can I receive the benefits? 9.   When would I receive the benefits? 10. What am I giving up to get a benefit or stay in the Class? EXCLUDING YOURSELF FROM THE SETTLEMENT 11. How do I get out of the proposed Settlement? 12. If I don't exclude myself, can I sue the Defendants and the other Released Parties for the same thing later? 13. If I exclude myself, can I get compensation from this Settlement? THE LAWYERS REPRESENTING YOU 14. Do I have a lawyer in this case? 15. How will the lawyers be paid? If so, how much? OBJECTING TO THE SETTLEMENT 16. How do I tell the Court if I do not like the proposed Settlement? 17. What's the difference between objecting and excluding? THE COURT'S Settlement Fairness HEARING 18. When and where will the Court decide whether to approve the proposed Settlement? 19. Do I have to come to the hearing? 20. May I speak at the hearing? IF YOU DO NOTHING 21. What happens if I do nothing at all? GETTING MORE INFORMATION 22. Are there more details about the proposed Settlement? BASIC INFORMATION 1.    Why was this notice issued? A Court authorized this notice because you have a right to know about a proposed nationwide settlement of this class action with Stratfor, including the right to claim benefits and about all of your options before the Court decides whether to give "final approval" to the Settlement. If the Court approves the Settlement, and after any appeals are resolved, benefits will be distributed to everyone who qualifies. This notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who may be eligible for the benefits, and how to receive the benefits. United States District Court Judge Denis R. Hurley in the United States District Court for the Eastern District of New York is overseeing this class action. The case is known as Sterling et al. v. Strategic Forecasting, Inc. et al. Case No. 2:12-cv-00297-DRH-ARL.  The entities who sued are called the "Plaintiffs," and the parties they sued are called the "Defendants" or "Stratfor." The Settlement includes these Stratfor Companies: Stratfor Enterprises, LLC, Strategic Forecasting, Inc., Stratcap Management Company, LLC, and Stratfor Holdings, LLC and their officers and directors. 2.    What is this lawsuit about? The lawsuit generally claims that Stratfor took improper action or improperly failed to take action both leading up to the hack and after the hack of their servers and Stratfor's improper actions or omissions contributed to the theft of customer's personal information, specifically their credit card numbers. Stratfor has denied all of these claims and maintains that they did not act wrongfully or unlawfully. 3.    Why is this a class action? In a class action, one or more people called "Class Representatives" (in this case David Sterling and Sterling & Sterling, Inc.) sue on behalf of individuals who have similar claims. All these individuals are a "Class" or "Class Members."  A court resolves the issues for all Class Members, except for those who exclude themselves from the Class. 4.    Why is there a Settlement? The Court did not decide in favor of the Plaintiffs or Stratfor. Instead, both sides agreed to settle in order to avoid the cost of a trial, and the people who qualify will get compensation. The Class Representatives and their attorneys believe the Settlement is best for all Class Members. The Settlement does not mean Stratfor admits any wrongdoing. WHO IS IN THE SETTLEMENT? To see if you are eligible for benefits from this Settlement, you first have to determine if you are a Class Member. 5.    How do I know if I am a Class Member? The Class includes all individuals who were current or former subscribers to the Stratfor Service as of December 24, 2011. The Settlement excludes (1) Stratfor, or any entity in which Stratfor has a controlling interest, and its respective legal representatives, officers, directors, employees, assigns and successors; (2) the judge to whom this case is assigned and any member of the judge's staff and immediate family; and (3) any person who, in accordance with the terms of this Agreement, properly executes and submits a timely request for exclusion from the Class. 6.    What if I am still not sure if I am included? If you are not certain whether you are included in the Class, you may call the Settlement Administrator at toll free number 1-866-322-4455 with questions. THE SETTLEMENT BENEFITS-WHAT YOU GET IF YOU QUALIFY 7.    How do I qualify for compensation? The Settlement will compensate eligible Class Members for Stratfor's alleged improper actions or omissions in relation to the theft of customer's personal information. To qualify for a benefit you must be a Class Member and have been a current or former paying subscriber to the Stratfor Service as of December 24, 2011, whose credit card number Stratfor had on file on December 24, 2011, and whose credit card information was obtained by third-parties due to the breach of Stratfor's computer storage systems. Benefits to persons who qualify will be calculated as follows: If you were a current or former paying subscriber to the Stratfor Service on December 24, 2011, and you had credit card information on file with Stratfor on December 24, 2011, and your credit card information was obtained by third-parties due to the breach of Stratfor's computer storage services, you are eligible for one month of access to the Stratfor Service, valued at $29.08, free of charge. If you were a current or former paying subscriber to the Stratfor Service on December 24, 2011, and Stratfor had your credit card number on file on December 24, 2011, and your credit card information was obtained by third-parties due to the breach of Stratfor's computer storage systems, you are eligible for an "e-book" entitled "The Blue Book" published by Stratfor, valued at $12.99, free of charge. If you were a current or former paying subscriber to the Stratfor Service on December 24, 2011, and Stratfor had your credit card number on file on December 24, 2011, and your credit card information was obtained by third-parties due to the breach of Stratfor's computer storage systems, you are eligible for a per-capita distribution of any monetary relief obtained (after costs and attorneys' fees) from Stratfor's Business and Management Indemnity Policy with Scottsdale Indemnity Company ("Scottsdale Action") as further explained in the subsection III(F) of the Settlement Agreement. If you were a current paying subscriber or you were a former subscriber who re-subscribes, you will receive the additional benefit of Stratfor's enhanced services, which will include the engagement of information technology (IT) companies, IT developers, and providers of IT data migration and development, to ensure the future safety of Stratfor subscribers.  If you do not exclude yourself from the Class and remain a Class Member (as explained in Questions 12 and 13), the only benefits you could ever recover from Stratfor on any claim released in this Settlement are described in the above paragraphs.  If you believe you are entitled to or want to seek a recovery larger than that described above, you must exclude yourself from the Class through the procedure described in Question 11 below. 8.    How can I receive the benefits? If you do not opt out of the class and are eligible to receive benefits, and the Settlement is given final approval, you will be contacted by Stratfor to receive your benefits. 9.    When would I receive the benefits? Benefits will be made available to eligible Class Members after the Court grants "final approval" of the Settlement, and any appeals are resolved. If the Court approves the Settlement after a Settlement Fairness Hearing on September 28, 2012 (see the section "The Court's Settlement Fairness Hearing" below), there may be appeals.  It's always uncertain whether these appeals can be resolved, and resolving them can take time. Please be patient during this process. In addition, you can check the website or call the toll free number listed below in order to get a status update on the final approval of the Settlement, the claims administration process, and when the benefits will be made available. 10.  What am I giving up to get a benefit or stay in the Settlement Class? If you stay in the Class, you will agree to "release and discharge" Stratfor as described in Section IX of the Settlement Agreement and Question 10.  More specifically, Class Members will release the "Released Parties" (as defined below) for all "Settled Claims" (as defined below), including "Unknown Claims" (as defined below).  The Settlement Agreement is available at www.StratforSettlement.com. "Settled Claims" means any claim, Unknown Claim, allegation, right, demand, action or cause of action for damages of any kind (including, but not limited to, compensatory, consequential, special, statutory, exemplary or punitive), injunctive relief, penalties, administrative remedies, or other form of relief based upon any statute, common law principle, rule or regulation of any governmental, regulatory or self-regulatory authority or organization or any other legal theory whatsoever, whether known or unknown, asserted or unasserted, latent or patent that (i) is, has been or could have been asserted by the Releasing Parties against the Released Parties arising from or relating to any of the matters, events or facts alleged in the Action and/or (ii) arises from or relates in any way to an alleged unauthorized disclosure to, or unauthorized acquisition by, any Person on or before December 24, 2011 of any information provided to Defendants by Plaintiffs and/or Settlement Class Members, including but not limited to claims based upon any statements or alleged misrepresentations or omissions in Defendants' privacy statement and/or any alleged increased risk of identity theft or actual identity theft. This release does not release or purport to release any claims of any governmental entity.  Upon the final approval of the Final Settlement, each Class Member shall be subject to and shall be bound by the Final Judgment, and shall be conclusively deemed to have expressly waived and released any and all Settled Claims that he, she, or it has or might have against Released Parties arising from or in any way related to any acts or omissions which have been alleged or which could have been alleged in the Action by the Plaintiffs on behalf of themselves or on behalf of the Settlement Class, on behalf of a putative class or by a Class Member, to the full extent of res judicata protections. Provided, however, that the Settled Claims do not include any claim for enforcement of this Agreement and/or the Final Judgment. Included within the Settled Claims are Unknown Claims. "Unknown Claim" means any claim arising out of newly discovered facts and/or facts not now known but which could reasonably be discovered, and/or facts found hereafter to be other than or different from the facts now believed to be true.  The Settled Claims defined above, include all Unknown Claims.  Upon the final approval of the Final Settlement, each Class Member shall be subject to, and shall be bound by the Final Judgment, and shall be conclusively deemed to have expressly waived and released any and all Unknown Claims that he, she, or it has or might have against Released Parties arising from or in any way related to any acts or omissions which have been alleged or which could have been alleged in the Action by the Plaintiffs on behalf of themselves or on behalf of the Settlement Class, on behalf of a putative class or by a Class Member, to the full extent of res judicata protections. "Released Party(ies)" means Defendants, their predecessors, successors, assigns, their past, present and future parents, subsidiaries, affiliates, divisions, departments, and all of the past, present and future officers, directors, employees, stockholders, partners, agents, servants, successors, attorneys, auditors, consultants, representatives, and subrogees, of any and all of the forgoing.  It is expressly understood that Scottsdale is not a Released Party. Unless you exclude yourself, you are staying in the Class, and that means the Court's orders in this case will apply to you and legally bind you.  Therefore, if you do not exclude yourself from the class and remain a Class Member, you will be giving up your right to sue Stratfor individually on any of the Settled Claims described above, including the Unknown Claims. If you have any questions, please visit the website or call the toll-free number.  EXCLUDING YOURSELF FROM THE SETTLEMENT If you are a Class Member and you want to keep the right to sue Stratfor about the issues in this case or the Settled Claims, then you must take steps to remove yourself from the Settlement Class. This is called excluding yourself from-or is sometimes referred to as "opting out" of-the Settlement Class. If you want to preserve a right to pursue an independent legal remedy against Stratfor, you must exclude yourself from this Settlement by following the procedures described below. 11.  How do I get out of the proposed Settlement? If you are a Class Member and you want to exclude yourself from the Settlement, you must send a letter by mail stating that you want to be excluded from the Settlement Class in Sterling et al. v. Strategic Forecasting, Inc. et al.  You must include the case number (2:12-cv-00297-DRH-ARL), your full name, address, telephone number, email address, and signature.  You must mail your request for exclusion postmarked by August 15, 2012 to: Exclusions Stratfor Settlement Administrator c/o BMC Group P.O. Box 2002 Chanhassen, MN 55317-2002 You cannot exclude yourself on the phone, by email, or at the website. Please understand that with only one exception, only you can request exclusion from the Class.  That exception is that a request for exclusion may be submitted on behalf of deceased or incapacitated Class Member by his or her Legally Authorized Representative.  While your lawyer may assist you, your lawyer cannot request exclusion from the Class on your behalf. Requests for exclusion that are on behalf of a group or class of persons are invalid and ineffective. 12.  If I do not exclude myself, can I sue the Defendants and the other Released Parties for the Same thing later? No. As explained in Question 10, unless you exclude yourself, you give up any right to individually sue Stratfor for the claims that this Settlement resolves. You must exclude yourself from this Class to individually sue Stratfor over the claims resolved by this Settlement. Remember, the exclusion deadline is August 15, 2012. 13.  If I exclude myself, can I get compensation from the proposed Settlement? No. If you exclude yourself, you cannot get compensation from the proposed Settlement. THE LAWYERS REPRESENTING YOU 14.  Do I have a lawyer in this case? The Court appointed Napoli Bern Ripka Shkolnik LLP to represent you and other Class Members as "Class Counsel." You do not have to personally pay Class Counsel. If you want to be represented by your own lawyer, and have that lawyer appear in court for you in this case, you may hire one at your own expense.  If you have questions about the Settlement or anything contained in this notice, you can visit the website or call the toll-free number.  15.  Will the lawyers be paid?  If so, how much? Class Counsel will file a petition for an award of attorneys' fees and costs. The Court will determine the amount of the award, but the total amount cannot exceed $400,000 less the costs of administering this Settlement, plus 1/3 of any recovery from the amount recovered from the Scottsdale Action. OBJECTING TO THE SETTLEMENT If you are a Class Member, you can tell the Court if you don't agree with the Settlement or some part of it. 16.  How do I tell the Court that I do not like the proposed Settlement? If you don't want the Court to approve the Settlement or want the Court to modify a portion of the Settlement, you must file a written objection in the case with the Eastern District of New York and send by email and physical copy to Plaintiffs' Counsel and Defense Counsel as noted below. You must include the name of the case (Sterling et al. v. Strategic Forecasting, Inc. et al.), case number (Case No. 2:12-cv-00297-DRH-ARL), your full name, address, telephone number, your signature, the specific reasons why you object to the Settlement, and whether you or your attorney will appear at the Settlement Final Approval Hearing (See the section on the "Court's Settlement Fairness Hearing" below).  The objection must be mailed and delivered to the following addresses on or before September 07, 2012: Court Filing Address HON. DENIS R. HURLEY U. S. District Court Eastern District of New York Long Island Courthouse 100 Federal Plaza Central Islip, NY 11722-4438 Plaintiffs' Counsel: Hunter J. Shkolnik Adam J. Gana Napoli Bern Ripka Shkolnik, LLP 350 Fifth Avenue, Suite 7413 New York, NY  10118 Hunter@napolibern.com agana@napolibern.com Defense's Counsel: Bill Cobb Jackson Walker L.L.P. 100 Congress Avenue, Suite 1100 Austin, Texas  78701 bcobb@jw.com You do not need to go to the Settlement Fairness Hearing to have your written objection considered by the Court. At the Settlement Fairness Hearing, any Settlement Class Member who has not previously submitted a request for exclusion from the Settlement Class may appear and be heard, to the extent allowed by the Court, to state any objection to the Settlement or Plaintiffs' Counsel's motion for reimbursement of expenses. Any such objector may appear in person or arrange, at that objector's expense, for a lawyer to represent the objector at the Hearing. 17.  What is the difference between objecting and excluding? Objecting is simply informing the Court that you don't like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is informing the Court that you don't want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you. If you do not exclude yourself from the Class, and object to the Settlement, you will be a member of the Class.  If you object, you will not have another opportunity to exclude yourself and you will be bound by any judgment entered by the Court. THE COURT'S SETTLEMENT FAIRNESS HEARING The Court will hold a hearing to decide whether to grant final approval of the Settlement. You may attend and you may ask to speak, but you don't have to. 18.  When and where will the Court decide whether to approve the proposed Settlement? The Court has scheduled a Settlement Final Approval Hearing at 3:00 p.m., on September 28, 2012, at the United States District Court for the Eastern District of New York, Alfonse M. D'Amato United States Courthouse, 100 Federal Plaza, Central Islip, NY 11722.  At this hearing the Court will consider whether the Settlement is fair, reasonable and adequate. At the Settlement Fairness Hearing, the Court also will consider the applications of Plaintiffs' Counsel for attorneys' fees and costs. The Court will take into consideration any written objections submitted in accordance with the instructions. The Court also will listen to Class Members who appear and speak at the hearing; but decisions regarding the conduct of the hearing will be made by the Court. After the hearing, the Court will decide whether to approve the settlements. We do not know how long these decisions will take. You should be aware that the Court may change the date and time of the Settlement Fairness Hearing. Thus, if you want to come to the hearing, you should check with Plaintiffs' Counsel before coming to be sure that the date and/or time has not changed. 19.  Do I have to come to the hearing? No.  If you are a member of the Class, Class Counsel will represent you and will answer any questions that the Court may have. But, you are welcome to come at your own expense. If you send an objection, you don't have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it, but Class Counsel will not argue your objection on your behalf.  You may also pay your own lawyer to attend, but it's not necessary. 20.  May I speak at the hearing? If you object to the Settlement, you may appear and speak at the Settlement Fairness Hearing. Persons who intend to object to the Settlement and who desire to call witnesses to testify or to introduce exhibits into evidence at the Settlement Fairness Hearing must submit a written objection as provided in the response to question 16, and must provide the identity of any witnesses they may call to testify and exhibits they intend to introduce into evidence at the Settlement Fairness Hearing. You cannot speak at the hearing if you excluded yourself from the Settlement Class. IF YOU DO NOTHING 21.  What happens if I do nothing at all? If you do nothing and are an eligible Class Member, you will receive benefits as described in Question 7. GETTING MORE INFORMATION 22.  Are there more details about the proposed Settlement? This notice summarizes the proposed Settlement. More details are in a Settlement Agreement.  You can get a copy of the Settlement Agreement at www.StratforSettlement.com. You may call the toll-free number listed below or visit the website or write to the Claims Administrator at: Stratfor Settlement Administrator c/o BMC Group P.O. Box 2002 Chanhassen, MN 55317-2002

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Bank of America should still worry about Wikileaks...

I've been reading more than a few of the Stratfor emails that were published by Wikileaks beginning February 27th, and in going through them I noticed something of minor interest. In fact, it's something everyone expected. One of the earliest batches of the 5 million emails from the private intelligence firm contains a couple of client lists. I was pretty excited--it's not a big deal in itself--and immediately wondered "Is BoA in there somewhere?" and in fact they were, right up at the top of a client list, prioritized.

This isn't news of course--we know about this association between Stratfor and BoA from the December hacks by the Anonymous group and other sources. While the private intelligence firm hasn't confirmed it in the past it seems that BoA did contract Stratfor to investigate and disrupt Wikileaks. Five million emails is a lot of correspondence, so we shall see how deep the association goes, maybe eve evidence of criminal activities.

Assange has said that there are approximately 4,000 internal emails about or related to Wikileaks out of the entire batch.  Karl Domscheit-Berg destroyed the 5GB BoA file on an unknown date (this is assuming he did since his stories vary), but we might learn far more about the biggest American bank just yet. The Stratfor files seem to amount to 65GB, mentioned in an earlier post on here, without a key. This could get interesting.

Postscript: When you look in the internal emails at how Stratfor was also sponging one set of clients for inside information, then selling it to another set of clients ("Robbing Peter to pay Paul"), what you have is an intelligence/information brokering version of a Ponzi scheme. Boy, are they in trouble.

CreateSpace™ site is temporarily down

At this writing (10:35 PM, EST), CreateSpace's™ ("an Amazon™company") home site is down. All attempts to reach the site url get a blank white page with the text, "Nothing to see here, move along," in the top left hand corner below the toolbar.Amazon has been party to the financial blockade on Wikileak™. Is this a hack by Anonymous™? This had to have occurred no more than four hours ago.Or: Am I being hacked? Very curious...

12:11 A.M.: Site redesign, it's back up again.

Is Wikileaks under serious online attack lately?

At 2:06 PM EST, this was posted on Wikileaks' Twitter account: "Please bittorrent Wikileaks Insurance release 2012-02-22 (65GB) wlstorage.net/torrent/wikile…

A comment below it from a French Twitter member ("m4de") states: "torrent file is offline..."

The link is code, computer language. Have fun.

 02-23-2012 Addendum: I've been told that the link now contains the 65GB file without a key. What did I download within the first six hours the above Twitter post (w. link) was up? This must be a backup archive. There doesn't seem to be any definitive answer here. The main site's been under cyberattack for some time. 65 GB sounds like everything from the Wikileaks site, the State Dept. cable inclusive.

Virginia Hoge and Topix

I've been informed by Virginia that she's being harassed by right wing trolls on Topix. She's written some very good research and observations on the NSA's infiltration of social networks and commenting services such as a Topix, but them in particular.With the release of the Wikileaks "spyfiles" this is all but proven now, we know that the American intelligence establishment and their contractors are running an information war on commenting threads and social networks like Facebook. These sites and services are too willing to hand over private information to the national security state to the point that we need to ask who some of them really are.

From 2010: http://open.salon.com/blog/virginia888/2011/11/15/is_topix_giving_out_users_personal_data_to_the_nsa

Lulz Security and Arizona's new race laws

I love these kids, and I am certain they're sincere. Unlike most of my own generally worthless generation, enough of them give a shit not to cancel them out like us generation x-ers have done to ourselves, in our pathetic, jaded narcissism.

But enough about people I used to hang out with in college (not you, Chris!)...

Polls show that most Americans are taking the reactionary route with online activism--groups like LulzSec and Wikileaks. They don't get that--like it or not--there aren't going to be too many secrets in the future among the powerful. Scoundrels of every stripe are running scared right now and doing the predictable overreacting, going so far as to pass laws that enact police state policies. These are the dumbest reactions imaginable since it's not going to work, technology is Pandora's Box, you can't close it.

That's what bullies do. The problem they face is that people are beginning to tire of their bullshit, their lies, and their secrecy (really an excuse to hide criminal activity a good portion of the time) at everyone's expense.

Now, people are beginning to push back, and that scares the crap out of the people with the power, the people who have been abusing it since day one. This is coming to a real watershed moment where people are going to get hurt, but that's how human history works, it never ends, and eventually there will be no sidelines to park one's ass on, nowhere to run, nowhere to hide, no rationalizations that are going to float anymore.

LulzSec have now hacked the main computers of the Arizona State Police in order to derail that state's obviously racist and unconstitutional anti-immigrant laws that will allow racial profiling. Arizona already has a bad reputation with race going back to its earliest settlement after the Mexican-American War and the law is political pandering and strategy by the Republican Party since most Hispanics (and blacks) don't vote for them historically.

Add to that a moronic segment of the population of the state that has played into their hands and pushed their agenda.

Businesses that employ "illegales" also stand to keep benefiting from a continuation of the status quo (with some ramping-up for show) where they can continue to blackmail illegal immigrants into working for even lower wages for what can only be described as the conditions of peonage. But really, the racist cops also get to take out their bad childhoods on Mexicans, they get a blank-check to profile and target them for legal harassment, no probable cause necessary.

So, today, and I really mean it, a little "fuck you" to Arizona law enforcement who have the same fixation they do in Maricopa County with brown people:

http://thepiratebay.org/torrent/6490796/Chinga_La_Migra

The inherent clean energy opportunity in Japan

This is not meant as any kind of a cynical-jab at the Japanese people, looking at them as some tool for change. The earthquake and subsequent nuclear accidents that are unfolding are a horrific reminder of how tenuous modern life is: in a matter of just five minutes, everything on the Japanese mainland changed forever.

At this point, we have no idea how many people have died or will die as a result of what's been reported as an 8.4 to 8.9 scale earthquake, possibly the worst in their entire recorded history.

The most recent one on roughly the same scale occurred in 1923, killing as many as 140,000 people. But the Japanese were better prepared for a recurrence...except that you can never truly prepare for one when it comes to a nuclear power plant. Nuclear power will always be vulnerable to natural disasters, social upheavals, and most certainly, inevitable social collapse since all civilizations end one day.

The half-lives of most radioactive byproducts of nuclear power will far-exceed the lifespan of any civilization, reason enough to begin a general decommissioning of all existing plants, the neutralization of the waste ("byproducts," and to the best of our abilities), and a rapid conversion over to a constellation of clean or cleaner energy sources, mainly natural and renewable ones. This nuclear disaster hasn't even played-out yet, but I see very real opportunities that need to be grasped, and immediately, by the Japanese public as well as the world community, outside of the corridors of power.

As the Japanese people and their rescuers from their government and from around the world are exposed to radioactive contamination, we need to realize that we have yet another opening here: the outrage that's inevitably coming on the mainland--perhaps even from neighboring countries--is going to be profound. As always, there are cultural, and therefore, historical reasons for this.

For those with a short memory, it should be remembered that the Japanese are the only nation on earth to have atomic weapons directed upon them. They have not forgotten this by a long-shot, and the terrible irony of this catastrophe-upon-a-catastrophe will not be lost on them as it surely is on most Americans, willfully, since we're the ones who dropped two atomic bombs on them in 1945.

We tend to forget about our own war crimes here in the United States, our victims however, do not.

There will be a very loud cry indeed in Japan to decommission these nuclear plants because they have failed every test. The plants themselves were already strongly opposed, but as it usually happens, times were better and they public will was more neutral and the opposition's warnings were ignored. There was, after all, a lot of money to be made, and power demands were growing and still are. That's fine and well, but events have a way of changing things, and catastrophes borne out of both natural disaster and human incompetence and corruption lead to a perception of misrule. As often is the case, that perception is usually accurate.

Prediction: there will be a major groundswell coming against further development and operation of nuclear power on the Japanese mainland. A call for major, wide-scale investment in clean and renewable sources of energy will be heard throughout the island nation. If it reaches the level of mass-production, it will have a global impact since Japan is the third largest developed economy in the world, one of the world's skilled "workshops," like Germany.

Even with this disaster, Japan could be poised to lead the way towards a new and decisive direction, towards the real world implementation of alternative energy sources that are well outside of the box. With China in close-proximity, production in both nations could point to very affordable solar technologies, as just one example.

This is all a wait-and-see, to be sure, since we don't know how bad this nuclear disaster is going get. But I think there are great opportunities here for Japan and the world, coming out of their worst period since WWII, their (and our) greatest challenge. As fate would have it, Wikileaks has uncovered and released one of the cache of American State Department cables, and they purport to contain a passage of Japanese government officials discussing cover-ups of previous nuclear accidents. When-and-if the smokes clears soon, the Japanese people will learn of this; there will be a wide demand for explanations, with the predictable outrage, perhaps even riots.

All we lack is the will since an outraged citizenry that won't have it anymore is an irresistible social force that cannot be held back any longer.