Worried About Nuclear Proliferation? Let’s Learn From Vegas

For the last decade, leaders from both parties have agreed that the gravest danger facing the U.S. is the threat of the use of a nuclear bomb by a terrorist group or rogue state. But while nonproliferation has long been the provenance of governments, there is a clear role for industry to play as well.

Many of the components used to build a nuclear bomb — including the technology to create a uranium enrichment program — are inherently dual-use. This means that the same technology used for innocuous industrial purposes can also be used to help build a nuclear weapon. Some of these items, such as high-quality steel and bearings for centrifuges, are now well-known to be dual-use. Others, such as “triggered spark gaps” or very high-speed switches with medical purposes, are somewhat less well-known.

The U.S. and other countries use a series of restrictions on the export of certain goods — very high-speed computers, for example — to prevent adversaries from developing better weapons. But too often, both state and industry are slow to realize the dual-use nature of some products. When Iran started its centrifuge program, it was unable to acquire the ultra-high grade maraging steel typically used to build the rotors due to export controls. Instead, it purchased the highest quality steel it could buy — and that turned out to be good enough.

Further, there is little to no sharing of information among companies about who is trying to purchase what from whom. While some individual companies have internal compliance programs, a broader approach is required to share information among companies and industries. The sharing of information would ultimately prevent those who shouldn’t have access to such items from shopping around to find a company that will sell the technology with little concern for who the final customer may be. Some claim that Iran was able to use a series of front companies to eventually purchase the maraging steel that it needed, in addition to the “good enough” stuff.

Fixing this problem will not be easy. Companies exist to generate profit, and denying potential customers never makes shareholders happy. And one could imagine that some customers would lodge discrimination complaints. Further, information about sales, both actual and potential, is naturally considered commercial proprietary information.

How can this problem be solved? Two models spring to mind. In the first, government collects and analyzes information from applications for export licenses. In the second, industry leads the effort. From my perspective, the latter is preferable.

Government leadership on this problem would probably raise more concerns than it would solve: Which government would collect the data? How would governments share data? How would government gain access to information not contained in export license applications — especially for rejected sales? And how could industry be guaranteed that commercial secrets would not be leaked?

Having industry lead this effort would solve many of these problems. For starters, companies know about sales in progress and about sales denied, so they would be able to identify problems earlier. Industry also already collects much of this data to track sales, identify future markets and stay ahead of the competition. And it’s possible to come up with schemes where the information is not shared between companies until it’s needed. This would also reduce the role and intrusiveness of government, while probably being a cheaper regulatory regime than a government-run one.

Granted, industry leadership would also raise some questions — Who would fund the effort? How would information be protected? — but an important model already exists: Las Vegas casinos. This intensely competitive industry has learned how to share information about problem gamblers and cheaters between casinos in a way that helps them all earn more. No casino wants the competition to know how much profit it is making or how much money it is losing. But if an individual or a small group has found a way to beat the casinos and win large stakes, it helps all of the casinos to identify them and keep them from winning even more. What’s more, this is completely driven and funded by the industry, which realized that it could reduce losses through cooperation. Just as casinos can keep track of problem customers collectively, so can companies that supply dual-use materials.

The challenge, of course, is to convince those companies that they would serve themselves and their legitimate customers by working together to develop such an oversight system. After all, the promise of a nuclear-free world – a collective good – isn’t quite the same incentive as preventing cheaters from winning in your casino. While an industry-run regulatory system is the best solution, it may take the specter of an intrusive government regulatory scheme to spur companies to act in our shared interest and perhaps prevent the next Iran.

Photo credit: https://www.flickr.com/photos/stuckincustoms/ / CC BY-NC-SA 2.0

What Not to Do in Afghanistan

Michael Cohen’s new piece in Dissent is a perfect blueprint for a colossal disaster in Afghanistan that would seriously jeopardize American security.

Michael, whose company I very much enjoyed during an ill-fated 72-hour effort to get to Afghanistan as election monitors, argues for a less-ambitious plan for American involvement in Afghanistan. It is deeply flawed.

The very first line, “The United States has been fighting the war in Afghanistan for more than eight years,” hints at the sentiments underlying his views: exhaustion with the war, a desire to end it. The piece makes a pitch for a new way forward in Afghanistan by offering a different strategy, something he calls an “enemy-focused approach.” His strategy calls for incorporating the Taliban into the government, shrinking the size of the Afghan army by some 80,000 troops and abandoning the entire South and East to the Taliban.

Where to begin? I’ve argued time and time again against the possibility of incorporating anything but the Taliban’s foot soldiers into the government. The most succinct argument I’ve seen against it is from Barbara Elias in last year’s Foreign Affairs:

[The Taliban’s] legitimacy rests not on their governing skills, popular support, or territorial control, but on their claim to represent what they perceive as sharia rule. This means upholding the image that they are guided entirely by Islamic principles; as such, they cannot make concessions to, or earnestly negotiate with, secular states.

Then there’s Cohen’s suggestion to scale back the size of the Afghan army, reasoning that 170,000 poorly trained Afghan soldiers trained by Americans are worse than 90,000 “trained to fight like an Afghan army — not an American proxy force.” Huh? Does anyone have a good example of what a model Afghan army looks like? Why does Cohen believe 90,000 is the right number? And why is Cohen so certain that American training efforts will fall flat for 170,000? And, if we did cut it off 90,000, what would we do with the extra 80,000 recruits to whom we’ve given basic firearms skills but have just lost their paycheck and would now feel betrayed by the U.S.?

And finally there is Cohen’s idea of just abandoning the South and East of the country. You know, the Marjas and Kandahars of Afghanistan where the U.S. is now either deeply invested or creating expectations that they’re about to be. Compounding the sense of betrayal that Afghans in those regions might feel (notice a theme?) would be the mistake of offering the Taliban the safe haven they require.

I suspect Cohen’s strategy is merely a fig leaf to preempt the inevitable right-wing cries of “cutting and running.” But while such sound-bite attacks are repulsive, there is a case to be made that Cohen offers his strategy disingenuously. Cohen thinks that “the original goal of the mission has been achieved; al Qaeda’s safe haven in Afghanistan has been destroyed and its Taliban allies pushed from power.” But if that’s the case, why would we need a new strategy — why not just pull out entirely? And why advocate returning the Taliban to power if we’ve already pushed them out of it?

Cohen may be justifiably war-weary — we all are. But I happen to believe what Cohen wrongly calls President Obama’s “rhetorical tricks” about the “risks of an al-Qaeda return to Afghanistan” if we do not create a stable environment that can endure after we leave. And I also think that the counterinsurgency strategy that Cohen curtly dismisses as “a fad” is a sound plan that’s our best shot at lasting security in Afghanistan. Cohen mistakes U.S. gains in Afghanistan for victory and says we can leave now; I see it as proof that what we’re doing is working and that we should keep at it.

Michael, I’m sorry to be so blunt, but if you’re just sick of the war, it would be better to say it straight out and not offer half-baked, ineffective solutions that would seriously jeopardize American and Afghan security. Competent governance is about making really difficult decisions with the best information available. That’s exactly what this White House did with its careful, deliberative process, and that’s why I’m going to trust them on this one.

Photo credit: https://www.flickr.com/photos/soldiersmediacenter/ / CC BY 2.0

Obama’s Nuclear Initiatives: Public Supports Means If Not Ends

As the administration’s Nuclear Security Summit takes place in Washington this week, CNN has a new look at public opinion on a variety of issues related to nuclear weapons policy. And it’s safe to say that there is strong public support for what the President’s is proposing, if not always for the utopian-sounding goals he has articulated.

The latter problem is not new. In a May 2009 Democracy Corps survey that found remarkably strong support for Obama’s foreign policy and national security leadership — strong enough, in fact, to all but erase the traditional “national security gap” between Democrats and Republicans — Obama’s stated goal of eliminating all nuclear weapons got a decidedly lukewarm reaction, with 60 percent of Americans agreeing that “eliminating all nuclear weapons in the world is not realistic or good for America’s security.”

The DCorps question on this subject combined skepticism about a nuclear-weapons-free world with opposition to the idea on national security grounds. But CNN separates the two issues, and while respondents split right down the middle (with significant differences based on age, as over-50s who remember the Cold War tend to be negative) on the desirability of eliminating nuclear weapons, the percentage thinking this can actually happen has dropped from one-third in 1988 to one-fourth today.

But the big difference between May 2009 and today in terms of nuclear weapons policy is that the President is now taking concrete steps to address the “loose nukes” issue, to build-down nuclear weapons in conjunction with Russia, and to strengthen the international non-proliferation regime (in conjunction with efforts to isolate Iran’s defense of its nuclear program). And CNN finds strong support for Obama in every tangible area, even if his long-range goals still produce skepticism.

Most importantly, 70 percent of Americans — including 68 percent of independents and even 49 percent of Republicans — think the Senate should ratify the START Treaty with Russia, despite the predictable charges of “weakness” against Obama that have been emanating from many conservative circles since the treaty was signed. With a two-thirds Senate vote being required for ratification of the treaty, that’s probably just enough public support to keep Republican defense hard-liners (and/or obdurate Obama-haters) from launching a big Senate fight.

Moreover, by giving high-profile attention to the “loose nukes” issue, Obama is tapping a deep well of public anxiety about the possibility of nuclear terrorism. By a 7-to-1 margin, respondents to the CNN poll said “preventing terrorists from getting nuclear weapons” should be a high priority than “reducing nuclear weapons controlled by unfriendly countries.” One of the great ironies of the Bush years was that his administration constantly promoted fears about nuclear terrorism while making nuclear security a very low priority, even in bilateral relations with Russia. Dick Cheney, in particular, treated truculent and unilateral behavior towards potential adversaries as the sole means of preventing nuclear terrorism. By unpacking nuclear security from other issues and making it a focus of bilateral and multilateral initiatives, Obama is linking diplomacy with a national security concern that Americans care about passionately.

Public support for the president’s nuclear weapons policies will get its strongest test beginning next month with the beginning of a scheduled review of the Nuclear Non-Proliferation Treaty. As Steven Clemons notes in an excellent overview of Obama’s “nuclear wizardry” at Politico today, that’s where the rubber will need to start meeting the road in terms of the administration’s efforts to round up the world community for an effective united front towards Iran’s nuclear program. But it’s clear the president’s nuclear initiatives are off to a very good start despite generic conservative carping.

This item is cross-posted at The Democratic Strategist.

Our Eco-Friendly Military

“The Army’s mission is not to be green. Our mission is to defend the nation. In that context, we’ve found it’s in our interest to develop sustainable projects.”

This is the powerful quote by the Army’s program director for energy security in a new must-read article in USA Today. At the E3 Initiative, we’ve been arguing for months that new energy practices are essential to upgrading our national security strategy.

The military has recently spent over $100 million to insulate tents in Iraq and Afghanistan. Why? It cuts the leakage of air conditioning by at least 50 percent. Taxpayers recoup their investment within 90 days.

All this is important to defense because it addresses the sluggish, dangerous practices of our old-energy defense posture. For example, truck convoys carrying water and gas (required by inefficient energy in theater) are vulnerable to roadside bombs, which themselves are the biggest killer of U.S. troops in Iraq and Afghanistan. As USA Today reports, “Greater energy efficiency also helps keep troops in war zones safer, because it reduces the number of trucks on the road carrying fuel to outlying bases.”

As the Army recognizes, sustainability isn’t about ideology — being “green” for the sake of being green. It’s about making America smarter, tougher, more competitive and more resilient: lessons we should remember as we head into the inevitable fight in Congress about legislation to price and control carbon.

The Cold War Is Over, But the Nukes Are Still Here

President Obama sure is spending a lot of time worrying about nuclear weapons this week. Today’s Nuclear Security Summit – a meeting of over 40 world leaders in Washington, D.C. – caps seven days of highly publicized events on nuclear security.

The attention lavished on atomic weapons feels almost anachronistic, invoking a Cold War-era standoff that now seems so distant. Twenty-five years ago, I was a third grader at St. Joan of Arc in Chagrin Falls, Ohio. Once a month, Ms. Elliot would trot my class into the hallway where we’d kneel down and clasp our hands behind our necks. This wasn’t some strange Catholic school ritual – we were “protecting” ourselves from a Soviet nuclear attack.

While I realize now that this defensive maneuver wouldn’t have kept me safe from a direct hit on the jungle gym, the looming threat of a mushroom cloud over the American Midwest felt real.

It doesn’t today. The end of the Cold War, years of American military dominance and improving, if occasionally frustrating, relations with Moscow have effectively banished the threat of mutually assured destruction. Beyond Russia, it’s nearly impossible to imagine China, perhaps the United States’ “near-peer” military competitor but also its financial Siamese twin, launching its nuclear weapons.

But nuclear security must be important – just glance at Obama’s schedule. Before signing the New START accord with Russian President Dmitri Medvedev last Thursday, his administration released its Nuclear Posture Review, an important document that redefines the way America will use the 1550 deployed warheads New START permits. And today the president is convening the summit of world leaders in Washington, D.C.

It’s not only this week. These events are part of a yearlong effort that began last April when President Obama spoke about his vision of a world without nuclear weapons.

It’s a long-term goal to be sure — Obama has been clear that America would retain its arsenal as long as others did. But it’s hardly a liberal fantasy — conservative icons like former Secretaries of State Henry Kissinger and George Shultz have joined forces with mainstream Democrats like former Senator Sam Nunn and Defense Secretary Bill Perry to promote a nuclear-free world.

They’re following the legacy of Ronald Reagan, who nearly signed on to sweeping nuclear restrictions with Mikhail Gorbachev in Iceland in 1986, and George H.W. Bush, who signed the START treaty in 1991.

So with no Cold War threat, what’s the urgency? Why is the president wasting time negotiating with countries that wouldn’t dare attack us anyway?

Here’s why — it’s not state-sponsored atomic destruction that’s the threat. It’s the al-Qaeda operative with a nuclear suitcase. That sounds crazy, right? Then again, we never could have imagined that three airliners could bring down the Twin Towers and slam into the Pentagon. President Obama realizes that a nuclear arsenal in the hands of nation-states still poses a threat, albeit from stateless ones.

How, then, does a stuffy gathering of world leaders at a conference center in Washington, D.C. keep the bomb away from a small-fry terrorist? First, curbing nuclear proliferation depends on the large nuclear powers — U.S., Russia, China, U.K. and France — showing a serious and sustained effort towards nuclear disarmament that convinces the smaller nuclear powers — India, Pakistan and Israel — and nuclear weapons aspirants — North Korea and Iran — to feel comfortable without them. That dialogue needs to start on a big stage, particularly for American allies India and Pakistan, who may want to do the right thing but happen to be mortal enemies.

What’s more, it’s the North Koreas, Irans and Pakistans of the world that stand the greatest chance of selling nuclear technology to the black market’s highest bidder. Getting those countries to swear off nuclear weapons planning is critical. Just ask A.Q. Khan — he might be a hero as the father of the Pakistani A-bomb, but he has also sold nuclear secrets to Iran and North Korea in the 1980s and 1990s for tens of millions of dollars.

We need nation-states to control their nuclear scientists, and getting everyone on the same page — as Obama’s doing — is the first step to achieving that goal.

We are long-removed from cowering in the hallway of my Catholic school in Ohio, but that doesn’t mean the nuclear threat died with the Cold War. It has simply changed. That’s why the Obama administration is spending so much time yanking America’s nuclear security policy into the 21st century.

Photo credit: https://www.flickr.com/photos/travlr/

The Five Most Ridiculous Conservative Statements About Obama’s Nuclear Policy

The other day, I wrote a column about how the president’s focus on nuclear weapons was a solid opportunity to finally achieve some bipartisanship. I won’t rehash those arguments here, but I encourage you to read the piece. Much of the conservative intelligentsia actually agrees with me, and some have noted that any objections to the president’s moves are simply rooted in politics because there is “no substantive disagreement with what Obama has done.” But that hasn’t stopped some from favoring politics over good governance and — as Kevin Sullivan at RCW points out – start a new “silly season.”

So here, friends, are the five most ridiculous conservative lines about this week’s focus on nuclear security:

5. “[T]he real threat today is proliferation and terrorism. This treaty, of course, doesn’t have anything to do with that.” — Sen. Jon Kyl (R-AZ)

Au contraire — the New START has EVERYTHING to do with proliferation and terrorism. The key to convincing the Irans, North Koreas and Pakistans of the world that building and/or selling nuclear weapons isn’t necessary is to have demonstrable proof that the big nuclear nations are serious about arms control themselves. So we have to start (no pun intended) with the idea that the U.S. and Russia are making a real commitment to limit their own arsenals over time. Don’t expect Tehran and Pyongyang to bite on this immediately, but this is a decades-long project and New START is a good step in this direction.

4. “[W]e don’t need the treaty, we are willing to do these things unilaterally and the Russians will probably do it unilaterally themselves.” — Doug Feith, former Bush Undersecretary of Defense for Policy

Okay, fair enough…maybe both sides would do things unilaterally. But when I bought my house, I felt a lot better knowing the terms of the deal were actually written down. Feith spent a good chunk of his career negotiating arms control treaties for a living, so it’s curious why he’d slap down his former profession. Also, see #5 again.

3. “A friendly reality check for exuberant Democrats on the first day of the Nuclear-Zero Pax Obama — this treaty is almost certainly dead on arrival.” – Michael Goldfarb, Weekly Standard

Actually, Michael, I don’t think it is. Here‘s Sen. Richard Lugar (IN), the ranking Republican on the Senate Foreign Affairs Committee: “I remain hopeful that it will be signed and that there will be time assigned on the floor for debate and a vote this year.” And here‘s Henry Kissinger and George Shultz supporting it, too. Ratification will be a tough fight — two-thirds of the Senate is needed — but it’s hardly DOA.

2. “Does anyone think that the Obama administration will use force — much less nuclear force — against Iran? Mahmoud Ahmadinejad certainly doesn’t, to judge by his reaction to the Nuclear Posture Review.” — Max Boot, Commentary

Actually, I think Ahmadinejad does. Iran’s pursuit of a nuclear weapons program over the last decade is the act of a country that’s convinced America would use force against it. After all, we’ve only invaded both of their next-door neighbors. Obama’s nuclear policy only isolates Iran more. Boot says that Robert Gates’ assertion that all options are on the table against Iran is not true. But actions speak louder than words. Judging by Iran’s actions, they still seem pretty convinced of America’s willingness to use force, Ahmadinejad’s bluster notwithstanding.

1. “(Our response is then restricted to bullets, bombs, and other conventional munitions.)” – Charles Krauthammer, Washington Post

Boasting more nonsense than a Phish show, Krauthammer’s piece imagines a scenario where hundreds of Americans are dead due to a nerve gas attack in Boston. Then he claims that the new Nuclear Posture Review ties the U.S. president’s hands because America couldn’t respond with a nuclear strike, and would have to — sigh – respond with just bullets, bombs and the like. Yeah, that’s right – apparently, the only good deterrent is a nuclear one. Really, why would anyone be scared of a conventional military that spends more on bullets, ICBMs and other conventional weapons than the rest of the world combined?

China’s Great Leap Forward on High-Speed Rail

If we are going to create a new mode of intercity transportation that gets Americans out of their cars — that reduces our dependence on oil from unstable or hostile countries and cuts greenhouse gas emissions -– we have to start thinking creatively.

Like the Chinese. Ten years ago, China still operated steam locomotives on a second-rate rail network. After years of highway building, the government realized that its fast-growing economy and isolated interior provinces could be better served by improved train service.

Before embarking on a rail-building program in 2000, however, China’s leaders made a crucial decision. They mandated state-of-the-art standards for constructing, equipping and operating the new lines. In other words, they would accept only the best technology the world had to offer.

The Ministry of Railways called upon international firms, such as Netherlands’ Arcadis Infra, France’s Alstom and Germany’s Siemens, to enter into joint ventures with Chinese companies to build the bridges, tunnels, track, signaling, cars and locomotives needed for the new railways.

Within a short time span, China developed leapfrog technology. This was vividly demonstrated four months ago when the country opened the world’s fastest rail line. The new service between Wuhan and Guangzhou operates at a 245-mph maximum and a 204-mph average. The trains have cut the 600-mile journey between central China and the southeast coast from 10 hours to three.

The country is on schedule to open in 2012 the centerpiece of its national system, a line between Beijing and Shanghai that will reduce the trip time to four hours from 10 hours today.

New York to Chicago is a similar distance. What would it be like to leave Manhattan on a smooth, comfortable bullet train in the morning and get to the Loop in time for lunch? That journey now takes 18 hours on Amtrak, the antithesis of high speed.

And talk about a project that generates jobs — more than 100,000 people are working on the Beijing-Shanghai line.

The U.S. desperately needs a similar success, the sooner, the better. Once Americans experience the convenience and safety of fast trains, they will demand more and, importantly, will be willing to make the large investments needed to create an efficient intercity network.

For months now, critics have assailed plans in California to link Los Angeles and San Francisco with 220-mph trains as too grandiose and pricey. But guess what? The Chinese government has just signed a cooperation agreement with the California High Speed Rail Authority. Gov. Arnold Schwarzenegger is expected to travel Beijing for talks with rail ministry officials to hammer out a deal.

The Chinese have expressed interest not only in selling equipment for the new railway, but to help finance the line’s construction by diverting some of China’s vast reserves of U.S. dollars into direct infrastructure investment.

This comes on the heels of a reported Chinese offer to invest $7 billion in a bid by a private group to build a 185-mile high-speed railway along Interstate-15 from Las Vegas, Nevada, to Victorville, Calif.

By insisting on the highest standards, China overcame years of inertia and pivoted itself to the forefront of a 21st-century transportation revolution.

Maybe the Chinese model — backed by Chinese capital — will help America overcome the technological timidity that now leaves us with Amtrak and the still-unfulfilled dreams of something better.

Photo credit: https://www.flickr.com/photos/henrie

KickSTART to the 21st Century

The president got a New START. Now he needs the Senate to ratify it.

This should be a no-brainer. When Presidents Obama and Medvedev signed the treaty, dubbed New START, in Prague today, they were doing a lot more than concluding a dry, complex arms reduction agreement. The accord is a pragmatic and essential first step in strengthening American security.

The Cold War is over, but the weapons remain. Though we no longer fear global thermonuclear war between America and Russia, a nuclear explosion in an American city would be an unimaginable catastrophe. There are still 23,000 nuclear weapons held by nine different nations. Our military and security leaders agree: nuclear terrorism and the emergence of new nuclear states are the greatest threat to our nation. To prevent these threats we have to reduce the global stockpiles, secure all weapons material and block new nuclear-armed nations.

The New START treaty is part of the administration’s effort to develop a comprehensive national defense strategy that focuses on these 21st-century threats. Chairman of the Joint Chiefs of Staff, Admiral Mullen gave his emphatic endorsement:

Through the trust it engenders, the cuts it requires, and the flexibility it preserves this treaty enhances our ability to do that which we have been charged to do: protect and defend the citizens of the United States.  I am as confident in its success as I am in its safeguards.

That is why this administration worked for a year to secure this follow-on to the 1991 START agreement, which was a legacy of Presidents Ronald Reagan and George H.W. Bush. Those presidents knew, as did Nixon, Kennedy and Eisenhower before them, that sustained attention to arms control reductions made the U.S. stronger and safer.

The New START will make this country more secure in several ways. It lowers the limits on deployed strategic bombs to levels not seen since the Eisenhower and Kennedy administrations. It also establishes a cutting-edge verification process that allows us to track Russia’s nuclear activities and verify their reductions. Our intelligence agencies will enjoy enhanced monitoring capabilities that will give them greater knowledge of Russian nuclear forces and plans.

We will also gain greater international stability. This treaty is a key step in gaining the global cooperation that we need to prevent nuclear terrorism and the spread of nuclear weapons. It will also help us to box in hostile states like Iran and North Korea by clearly reaffirming the U.S.’s and Russia’s commitment to disarmament, and move other states to take the steps necessary to secure nuclear materials and block nuclear weapons trade and development — steps that are often expensive or cut against the commercial interests of many key nations.

A Bipartisan Issue – But Will We See Bipartisan Support?

This is why New START has broad, bipartisan support from former military and national security leaders. Former Republican Secretaries of State George Shultz and Henry Kissinger and former Democratic Secretary of Defense Bill Perry and Sen. Sam Nunn (D-GA) have lauded the treaty (PDF) as an important step.

But there are problems standing in the way of quick Senate action. For one thing, there are nuclear Neanderthals that remain inside the beltway, clinging to Cold War theories and strategies. And the partisan rancor in Washington has become almost radioactive, with cheap political point-scoring taking precedent over the business of governance. Remember that treaties need to be approved by two-thirds of the Senate — a heavy lift considering the political environment.

Can the U.S. Senate rise above the partisan bluster and Tea Party talking points and focus on what’s good for American national security? The New START is an integral part of a smart, strong and pragmatic nuclear policy plan. Senators should approve this treaty before they take off for summer vacation.

Will the FCC Go Nuclear?

The D.C. Circuit Court ruled yesterday (PDF) that the Federal Communications Commission (FCC) doesn’t have authority over the Internet. Back in 2007, Comcast was filtering the Internet connections of users who were suspected of using file-sharing programs and eating up a lot more bandwidth than expected. The FCC told Comcast to cut it out, under the concept of net neutrality, which required that all packets of data sent over the Internet be treated equally. Comcast challenged the FCC’s right to do that, and yesterday the court agreed with the Philly-based company.

The FCC had argued that it had the right under the authority given to it by Title I of the Communications Act of 1934, which established the FCC. According to the FCC’s argument, Title I empowered the commission to regulate Internet connectivity as an “ancillary” authority, even though it wasn’t explicitly charged to do so by Congress in the act (which, after all, was passed more than half a century before the World Wide Web was launched). The D.C. Circuit Court said no, Title I does not give the FCC that authority. While the decision can be appealed to the Supreme Court, which could reverse the ruling, even proponents of a strong net neutrality role for the FCC admit the decision is pretty solid.

While the case is technically a “win” for Comcast (their challenge was upheld) some observers say it could turn out to be a Pyrrhic victory. Now the FCC could claim authority to regulate Internet communication under its Title II powers. Regulating the Internet under Title II, which covers “common carriers,” would require Internet service providers (ISPs) to adhere to net neutrality as a common carrier requirement. This means that physical providers of an Internet connection to your house (in other words, traditional phone and cable companies that have evolved into ISPs) would be limited in their ability to manage the information going over their networks — unable to prioritize some data over other data — much as phone companies have no control over whom you talk to over your phone line.

This is apocalyptically referred to as “the nuclear option,” as it would result in a radical change in how telecommunications firms view Internet connectivity. Title II would require them to behave more like utilities. Proponents of this idea say its potential upside would be increased competition in services provided over that connection. Critics, including the ISPs themselves, say the potential downside is that ISPs could lose a big incentive (profit maximization) to invest in our residential broadband connections, which are lagging behind other countries like South Korea.

In its own discussions of a National Broadband Plan, the FCC has avoided the Title I vs Title II debate. However, with this ruling, the appeals court has forced the commission’s hand. The best solution for the FCC could be to go before Congress for clarification of its role in regulating the internet. As our friend Brian Wingfield points out, it’ll be a tech lobbying fight, but the FCC would have a better chance with a Democratic Congress than it’s likely to have in the courts.

The appeals court has ruled that the FCC lacks the authority to regulate Internet, but it may also lack the ability. The communications sector is changing rapidly. Some ISPs are acquiring content creators, and others are providing mobile services only previously seen in Dick Tracy cartoons. The FCC was established to regulate what was then regarded as a “natural” telephone monopoly. What’s needed is either an FCC with a dramatically transformed mandate or — maybe better — a new entity dedicated to protecting the environment for continuous innovation on the Internet.

Speedy Elections

As noted yesterday, the 2012 presidential election cycle is already informally underway, and will get very real the day after the midterm elections on November 2.

By comparison, check out our older cousins in the United Kingdom. Today Prime Minister Gordon Brown set the date for his country’s next general election: 30 days from now.

Now obviously, electioneering in Britain is not totally confined to the formal period of the campaign, but much of it actually does take place in the sprint to election day, and that’s the case in most other democracies as well. It helps illustrate one of the major drawbacks of our own system, in which constitutionally fixed general election dates allow campaigning for major offices to creep back through the calendar relentlessly.

As for the likely outcome of the UK elections, the Conservatives have long led in the polls, which is unsurprising given the long tenure of Labour control (13 years), and the condition of the economy. But the Tory gap over Labour has been shrinking lately, and if it continues to shrink, what looked like an almost certain Tory victory a year ago could turn into a narrow advantage producing a “hung parliament” — i.e., where no party has a majority in the House of Commons. That scenario could create a minority government in which either the Tories or Labour form a coalition with the third-party Liberal Democrats, or if negotiations with the LibDems fail, another quick election.

American Republicans looking to the British elections as a possible harbinger of good things to come here at home should take note of Tory leader David Cameron’s repeated pledged that protecting the National Health Service — a.k.a., “socialized medicine” in the real, not (as with ObamaCare) imaginary sense — will be his “top priority.” Tories have also been blasting Brown for exceesively austere fiscal policies. So a Tory victory, if it happens, wouldn’t exactly be transferable to the U.S.

This item is cross-posted at The Democratic Strategist.

Photo credit: https://www.flickr.com/photos/secretlondon/ / CC BY-SA 2.0

Airline Screening, See-I-Told-You-So Edition

About two months ago, I wrote an opinion piece for the Cleveland Plain Dealer‘s website on the virtues of a “smart selectee list.” My point was that Americans are essentially programmed to throw money at terrorism, but that more effective and cheaper measures are available.

For example, following the Christmas Day bombing attempt, the Obama administration announced that it would spend some $700 million on full-body screening machines. Sure, they’ll be effective for a while, but it’s only a matter of time before someone somewhere finds a way to either beat the machine or to blow up an airline that doesn’t involve explosives smuggled onboard by a passenger. If terrorism over the last 20 years has taught us anything, it’s that terrorists adapt to beat new security measures.

Instead, here’s how my “smart selectee list” would work:

It’s time to construct a security apparatus that intelligently accounts for signs of potentially dangerous passengers while balancing risk, passenger inconvenience and privacy concerns — and saves money in the process.

Rather than purchase enough body scanners to take naked pictures of everyone boarding a flight, the TSA and National Counter Terrorism Center should review one of the least discussed but potentially most effective devices it already has on the books: the “selectee” list. …

It’s time to let the selectee list think for itself. With technological innovation, the list could be transformed into a “smart” anti-terrorism tool: Allegedly dangerous individuals would be added, but additional passenger screening is triggered only when an algorithm connects potential attackers to a suspect travel itinerary and during periods of elevated, if vague, threat levels. Individuals selected for additional screening must be shared with the airlines.

For example, if an allegedly dangerous Elizabeth Kennedy is set to travel from Dublin to the United States, her profile would trigger additional screening only when the list automatically connects her name, travel itinerary and an ongoing Ireland-based threat. If the threat is based out of, say, France, or once an analyst determines it has lapsed, she would undergo standard security procedures.

It seems like the administration is starting to come around:

Before Dec. 25, airlines were given the no-fly list of people to be barred from flights altogether and a second “selectee” list of passengers to be subjected to more thorough screening. Those lists have been expanded considerably this year and now contain about 6,000 and 20,000 names respectively, officials said.

The new system will send the airlines additional names of passengers not on either the no-fly or selectee list but identified as possible security risks because of intelligence about threats. Only the names of the passengers selected for extra screening, not the underlying intelligence, will be shared with airlines and foreign security personnel, officials said.

The details of this program remain a bit sketchy, but it would appear that the administration is linking threat-based information to travelers who share the same name as the potentially dangerous. Potentiality is an important concept in this process — the intelligence community was faulted for the Christmas attempt because it failed to “connect the dots” even though intelligence is designed to only link together credible dots. And I’d argue that in the case of that incident there weren’t credible dots to connect. There was a lot of possibly credible stuff out there, but none of it was ironclad.

This new system appears to trigger additional screening when information of unknown credibility is linked together at the point of attack. It’s a smart method that’s in stark contrast to the indiscriminate body screening of passengers. For passengers whose names come up under the new selectee process, undergoing additional screening would be a relatively minor inconvenience. But the targeted patdown would be an effective security measure that doesn’t trample civil liberties and minimizes the inconvenience for most passengers.

Outlook for Russian Democracy: Not Pretty

Last week, I wrote that the terrorist events in Moscow meant that Russia was about to choose between two distinct paths for its democratic aspirations. Either Vladimir Putin would reincarnate his 2004 persona and use the attacks to further retard Russian democracy, or new President Dmitri Medvedev would leverage the blasts as a catalyst that liberates him from Putin’s yoke and parries his attempts at a new power-grab. At the time, I was hopeful for the second outcome, but betting on the first.

Unfortunately, this op-ed in yesterday’s New York Times slid me more towards the Putin-power-grab outlook. I had failed to appreciate that, well, there’s a different political culture in Russia that protects the “czar” and blames his underlings:

In other countries, leaders might pay a political price for not preventing a startling attack like the suicide bombings in the Moscow subway last Monday. Not here, at least not so far. If anything, terrorism and unrest in Russia’s predominantly Muslim regions have long served to strengthen Mr. Putin’s hand.
[…]
He plays on a piece of Russian folk wisdom that is roughly translated as “the good czar, bad advisers” — the belief that, throughout history, a Russian leader with the right intentions is often betrayed by underlings. That is why Mr. Putin, the prime minister and former president, is often shown in public scowling and lecturing other officials.
[…]
“When it comes to terrorism, Putin knows how — and this is a very important aspect of his political mastery — to protect himself from what might otherwise be considered his responsibility,” said Sergey Parkhomenko, a political commentator and radio talk show host in Moscow.
[…]
On Thursday night, he headed to Venezuela to see President Hugo Chavez for a visit that was intended to display the Kremlin’s muscular foreign policy and its warm relations with an antagonist of the United States. It was less than two days after a Chechen extremist had claimed responsibility for the subway attacks, and had promised there would be more.

It’s an important reminder that learning what’s in the political DNA of our partners and rivals is essential if the U.S. is to craft effective long-term partnerships and exert its influence wisely on the global stage.

Iran Sanctions, Round 4

America’s hot-and-cold relationship with China just blew a little warmer. Last Wednesday, Beijing for the first time agreed to take part in drafting a UN Security Council resolution for new sanctions against Iran.

This would be the fourth round of UN sanctions aimed at pressuring Tehran to halt its nuclear program. So far, efforts to give those sanctions real bite have foundered on the implicit threat that China (and perhaps Russia) would veto them in the Security Council. Both countries have extensive economic ties with Iran, and China, invoking its own unhappy experience with European imperialism, traditionally has championed “non-interference” in other countries’ internal affairs.

So it may be significant that, having tried and largely failed to “engage” Iran on the nuclear standoff, the White House has apparently successfully engaged China to deepen Tehran’s international isolation. But there are already signs that Beijing is not quite ready to jump this particular Rubicon.

Iran’s nuclear negotiator, Saeed Jalili, wasted no time in jetting off to Beijing for meetings with Chinese officials. “Many issues came up in talks on which China accepted Iran’s position,” Jalili told reporters. “We jointly emphasized during our talks that these sanctions tools have lost their effectiveness.”

The Chinese Foreign Ministry issued a statement that offered no hint that Beijing has changed its attitude toward Iran’s drive for nuclear capabilities, instead calling on all parties to “step up diplomatic efforts, and show flexibility, to create the conditions to resolve the Iranian nuclear issue through dialogue and negotiation.”

All this suggests we’re in for protracted haggling in the Security Council over language that, in the end, probably won’t induce the Islamic Republic to stop enriching uranium in defiance of UN strictures. The fundamental problem is not that China is indifferent to nuclear proliferation or intent on “protecting” a valuable trading partner. The fundamental problem is that China doesn’t seem ready yet to assume the responsibilities of global leadership, as we would define them.

From Sudan to Iran, China puts the amoral pursuit of its own interests – in these cases, assuring access to the energy it needs to fuel its rapid growth – ahead of larger conceptions of international cooperation and order, or even its own undoubted interest in stemming nuclear proliferation. The idea of “enlightened self-interest” that underpins U.S. internationalism has an unnatural and vaguely sinister ring to officials in the Middle Kingdom. For now at least, it’s hard to imagine the historically self-contained and inward-looking Middle Kingdom spending trillions of renminbi, say, to support a Pacific analogue to NATO, or an architecture of international institutions dedicated to collective problem-solving.

The Obama administration nonetheless deserves credit for nudging Beijing toward an outward view of global obligations commensurate with its growing geopolitical weight. But in the crunch – pressuring Iran to forsake nuclear weapons – we’d do well to have realistic expectations of how far China is really prepared to go.

Iran’s Role in Iraq

Tom Ricks, author of Fiasco and The Gamble, the two definitive contemporary histories of the Iraq War, has long said that Iran has been the biggest winner since Shock and Awe.

I’ve always been inclined to agree with him, even if there was scant overt evidence to support the claim. Sure, the U.S. military would parade allegedly Iranian-made explosives out to the media to “prove” Tehran’s support of Shi’ite Iraqi militias. And it has long been assumed that the leading figure of those Shi’ite militias, Muqtada al-Sadr, put his tail between his legs and decamped to Iran as soon as the U.S. figured out what it was doing in Baghdad. But for the first time, we have unquestionable evidence of Iran’s waxing influence on the new Iraqi government: They invited (almost all of) them over to play. Or their Shi’ite cousins anyway:

The ink was hardly dry on the polling results when three of the four major political alliances rushed delegations off to Tehran. Yet none of them sent anyone to the United States Embassy here, let alone to Washington. … The Iranians, however, have shown no such qualms, publicly urging the Shiite religious parties to bury their differences so they can use their superior numbers to choose the next prime minister. Their openness, and Washington’s reticence, is a measure of the changed political dynamic in Iraq.

The uninvited fourth major political party was Iraqiya, the largest vote-getter in last month’s election, a largely Sunni party (headed by Ayad Allawi, a secular Shia), which has the first crack at forming a government with Allawi as the new prime minister. This is, of course, provided they can stave off the latest round of politically motivated witch-hunting. Incumbent PM Nouri al-Maliki is fighting for his political life, and has come out swinging. He’s trying to make it as difficult as possible for Iraqiya to capitalize on its victory by having the national election commission — a body Maliki essentially controls — begin to disqualify other Iraqiya candidates on the shaky grounds that they were members of Saddam Hussein’s old Ba’ath Party. When combined with Iran’s efforts to broker peace between the Shi’ite parties, this is the best hope Tehran has of getting a large, friendly, Shi’ite majority and prime minister in Baghdad.

Will it work? It’s obviously way too early to say. The U.S. is trying to toe a razor thin line between respecting a democratic process they created and cultivating the new government (no matter who runs it) against Iranian influence. But while Tehran’s overtures are worrisome to say the least, the U.S. will continue to hold plenty of cards in the poker game of Iraqi politics. That’s because if Mr. Allawi isn’t the next prime minister, the current one will be.

That leads to two consoling final thoughts: the U.S. will continue to have strong pull with whoever is in charge, and is legally scheduled to get out anyway. In essence, Iran’s influence may be increasing, but that doesn’t mean it’s coming at the expense of America’s.

Photo credit: https://www.flickr.com/photos/soldiersmediacenter/ / CC BY 2.0

A Common Enemy?

While the Moscow bombings have brought out fighting words and suggestions of a scorched-earth response from Russian Prime Minister Vladimir Putin – a reaction that I cautioned against in my previous post – President Obama’s has been perfectly pitched. He has expressed solidarity with the Russian people and sympathy for the killed and injured. The president has made a notable attempt to distance himself from overly emotional Bush/Putin-style rhetoric about terrorism, reasoning (correctly in my mind) that pounding a fist on the table and screaming about revenge only plays into the terrorists’ hands.

I would urge one note of caution, however. Secretary of State Hillary Clinton, appearing on Canadian television, compared the Moscow terrorist attack to those in the West: “We face a common enemy, whether you’re in a Moscow subway or a London subway or a train in Madrid, or an office building in New York, we face the same enemy.” I’d counsel the State Department to be a bit more nuanced here. True, one can argue that the ultimate motivation in all these attacks was to establish part of the Muslim caliphate that stretched from North Africa to Southeast Asia. But it’s a tricky argument to make when part of the history of that motivation is independence from Moscow (whether you’re a pure separatist or one motivated by Muslim ideology).

Endorsing a “common enemy” might encourage the Kremlin to continue heavy-handed tactics against its own people, not to mention attempting to retroactively justify, say, the invasion of Georgia by conflating it with terrorist motivations. Or, to continue Putin’s 2004-2005 precedent, throw language like this back into American faces when he uses it to justify another power-grab…like his return to the presidency. Seriously — he’s not above it, and this might be exactly what’s coming.

Foggy Bottom should be clear on these distinctions about a common enemy, particularly when there’s no evidence of direct al Qaeda involvement in the Moscow bombings.

Terrorism in Russia

Nearly 36 hours after the attacks in Moscow’s subway system, reports indicate that nearly 40 are dead and more than 70 have been injured. As of this writing, no group has claimed responsibility, though heavy suspicion has fallen on Muslim separatist groups based in southern Russia’s Caucasus region, the primary source of terrorism in Russia since the breakup of the Soviet Union in the early 1990s. More on that in a second.

There were two bombings, conducted quasi-simultaneously (about 40 minutes apart) at two busy metro stations in Moscow’s city center. The Lubyanka station is located near the headquarters of Russia’s Federal Security Service (the legacy organization of the KGB), which points to a message the attackers may have been hoping to convey; the second scene at the Park Kultury Station is located a few stops to the south along the same metro line. If you’d like to see some interesting citizen-journalism of the attacks’ aftermath, click over to the NYT’s The Lede blog.

Much has been made of the attackers’ identity — two women dressed in black robes with explosives and shrapnel packed underneath their garments. Female suicide bombers have been used by Chechen separatists dating back to 2002 and are commonly — and disturbingly — referred to as “black widows.” Furthermore, female suicide bombers are hardly a new phenomenon. If memory serves, they’ve been used as long ago as the early 1990s by the Tamil Tigers in Sri Lanka. Terrorist groups — even those with no formal ties to one another — observe each others’ tactical successes and adopt the effective ones. The use of unsuspecting women has made the rounds in terrorist circles, even if Western audiences still find the tactic shocking.

It’s important to appreciate the dynamic nature and motivations of the Caucasus’ separatist groups over the last decade and the Russian government’s response to them. Boris Yeltsin first installed the then-little-known ex-KGB chief Vladimir Putin as prime minister in 1999, and Putin vowed to crush the Chechen separatist movement. In the early-to-mid 2000s, the group was a relatively structured militia that was responsible for mostly large-scale terrorist attacks. The group most famously conducted the 2004 siege at the Beslan school that killed over 300 people, many of whom were school children; it was also responsible for the 2002 siege at a Moscow theater.

In large part, Putin was responsible for successfully dismantling the organizational hierarchy behind those acts, killing leaders like Shamil Basayev and Abdul Khalim Sudalayev in 2006. He used victories like those to consolidate power behind the Kremlin, saying political power-grabs like eliminating the direct election of regional governors were necessary to defeat terrorism. Can you imagine if Bush had eliminated the election of state governors after 9/11? Just a bit of a stretch, right?

But as often happens with insurgent organizations, cutting off their head rarely kills them. Moscow’s success only caused the resistance to morph over the last four or five years from a top-down military-style structure to more of a flat, non-hierarchical, Islamic-based motley crew. Here’s an excellent run-down on the insurgency’s changing nature and motivation from WaPo’s Philip Pan late last year:

Russia has long blamed violence in the region on Muslim extremists backed by foreign governments and terrorist networks, but radical Islam is relatively new here. In the 1990s, it was ethnic nationalism, not religious fervor, that motivated Chechen separatists. That changed, though, as fighting spilled beyond Chechnya and Russian forces used harsher tactics targeting devout Muslims.

In 2007, the rebel leader Doku Umarov abandoned the goal of Chechen independence and declared jihad instead, vowing to establish a fundamentalist Caucasus Emirate that would span the entire region. After Moscow proclaimed victory in Chechnya in April, he issued a video labeling civilians legitimate targets and reviving Riyad-us Saliheen, the self-described martyrs’ brigade that launched terrorist attacks across Russia from 2002 to 2006.

It would appear on the surface that the Kremlin has failed to appreciate this change. In my mind, the new shape and motivations of the Chechen insurgency would call for more of a counter-insurgency style strategy that has been adopted by the U.S. in Iraq and Afghanistan. Instead, Putin has vowed a continued heavy hand, saying, “The terrorists will be destroyed!” This is of course what any national leader must say to placate a fearful and confused domestic audience, but may begin to ring a bit hollow in light of Putin’s similar rhetoric of 1999:

“Putin said [before these attacks], ‘One thing that I definitely accomplished was this [stopping the Chechen threat],’ and he didn’t,” said Pavel K. Baev, a Russian who is a professor at the International Peace Research Institute in Oslo.

“My feeling is this is not an isolated attack, that we will see more,” Mr. Baev said. “If we are facing a situation where there is a chain of attacks, that would undercut every attempt to soften, liberalize, open up, and increase the demand for tougher measures.”

In my next post, I’ll take a look at how the U.S. has responded to the attacks.

Photo credit: https://www.flickr.com/photos/worldeconomicforum/ / CC BY-SA 2.0