The Dangerous All Writs Act Precedent in the Apple Encryption Case

Don’t be a Production Slacker
Don’t be a Production Slacker

One more angle on the FBI vs. Apple case, as discussed by Amy Davidson of The New Yorker:

Tim Cook, the C.E.O. of Apple, which has been ordered to help the F.B.I. get into the cell phone of the San Bernardino shooters, wrote in an angry open letter this week that “the U.S. government has asked us for something we simply do not have, and something we consider too dangerous to create.” The second part of that formulation has rightly received a great deal of attention: Should a back door be built into devices that are used for encrypted communications? Would that keep us safe from terrorists, or merely make everyone more vulnerable to hackers, as well as to mass government surveillance? But the first part is also potentially insidious, for reasons that go well beyond privacy rights.

The simple but strange question here is exactly the one that Cook formulates. What happens when the government goes to court to demand that you give it something that you do not have? No one has it, in fact, because it doesn’t exist. What if the government then proceeds to order you to construct, design, invent, or somehow conjure up the thing it wants? Must you?

(click here to continue reading The Dangerous All Writs Act Precedent in the Apple Encryption Case – The New Yorker.)

I’d already asked and answered myself about the second part of the question – I’m strongly against the so-called back door being built into all devices – so for me, the first part of the question was by far the most interesting. The government can really force a company to create something just for the government’s purposes? How long can the task take before you are free? Years? Decades? What happened to Capitalism? Talk about feeling entitled, or as Ms. Davidson puts it:

And so Judge Sheri Pym, a California district-court magistrate, has ordered Apple to come up with a new software bundle that can be loaded onto the phone and, in effect, take over the operating system and tell it to let the F.B.I. in. (Apple will have a chance to object to the order in court.) As an added point of convenience, this bundle is also supposed to let the agents enter passcodes electronically, rather than tapping them in, which is one of the many points on which the government seems to have moved from asking for compliance with a subpoena to demanding full-scale customer service. 

I don’t understand why this isn’t more troubling to people, especially to libertarian-leaning Republicans. The US government is asserting that if they ask, a company has to drop everything else and get working for the government or else you’ll be sent to the proverbial salt mines in Siberia. Why? Why? How dare you ask! Because War On Terra, that’s why!  No wonder this is “what some law-enforcement officials privately describe as a nearly perfect test case.” 

FBI vs. Apple Continued – Apple ID Changed While iPhone In Government Hands

Restoring iPhone From Backup 2015-01-01 at 11.33.01 AM
Restoring iPhone From Backup 

The unnamed FBI official who was boasting to WSJ journalists about the Farook case being “nearly perfect” as a test probably wishes that quote hadn’t been used now in light of this development:

[Apple said it] had been in regular discussions with the government since early January, and that it proposed four different ways to recover the information the government is interested in without building a backdoor. One of those methods would have involved connecting the iPhone to a known Wi-Fi network and triggering an iCloud backup that might provide the FBI with information stored to the device between the October 19th and the date of the incident.

Apple sent trusted engineers to try that method, the executives said, but they were unable to do it. It was then that they discovered that the Apple ID password associated with the iPhone had been changed. (The FBI claims this was done by someone at the San Bernardino Health Department.) Had that password not been changed, the executives said, the government would not need to demand the company create a “backdoor” to access the iPhone used by Syed Rizwan Farook

(click here to continue reading Apple: Terrorist’s Apple ID Password Changed In Government Custody, Blocking Access – BuzzFeed News.)

Did you notice? The FBI had possession of Farook’s iPhone for over 24 hours, before some agent or other employee changed the Apple ID password. (!!!???!!!)

Changing the Apple ID password isn’t hard, but it isn’t something you do without meaning to.  You’d have to log-in, give the old password, then create the new password, entering it twice. Presumedly, you’d either commit the password to memory, or WRITE IT DOWN.

Hmmm, “nearly perfect test case” indeed. 

Terrorism theatre, part the 234,323rd.

After the FBI sneeringly complained that encryption, privacy and security were merely marketing phrases to Apple, Apple responded with an eyeroll…

Creating the backdoor access, the executives said, would put at risk the privacy of millions of users. It would not only serve to unlock one specific phone, they said, but create a sort of master key that could be used to access any number of devices. The government says the access being sought could only be used on this one phone, but Apple’s executives noted that there is widespread interest in an iPhone backdoor, noting that Manhattan District Attorney Cyrus Vance said Thursday that his office has 175 Apple devices he’d like cracked. They also claimed that no other government in the world has ever asked Apple for the sort of FBiOS the government is demanding that it build now.

Asked why the company is pushing back so hard against this particular FBI request when it has assisted the agency in the past, Apple executives noted that the San Bernadino case is fundamentally different from others in which it was involved. Apple has never before been asked to build an entirely new version of its iOS operating system designed to disable iPhone security measures.

The Apple senior executives also pushed back on the government’s arguments that Apple’s actions were a marketing ploy, saying they were instead based on their love for the country and desire not to see civil liberties tossed aside.

(click here to continue reading Apple: Terrorist’s Apple ID Password Changed In Government Custody, Blocking Access – BuzzFeed News.)

Booting Up

If you haven’t read digital forensics expert Jonathan Zdziarski’s blog post entitled “Apple, FBI, and the Burden of Forensic Methodology”, you should click through and read it right away (well, within 5 seconds). The FBI’s request is quite a big ask, not something considered last minute, but obviously planned carefully for maximum impact. Director Comey has been pushing for back doors to Apple and Google smartphones for a long time. 

Apple must be prepared to defend their tool and methodology in court; no really, the defense / judge / even juries in CA will ask stupid questions such as, “why didn’t you do it this way”, or “is this jail breaking”, or “couldn’t you just jailbreak the phone?” (i was actually asked that by a juror in CA’s broken legal system that lets the jury ask questions). Apple has to invest resources in engineers who are intimately familiar with not only their code, but also why they chose the methodology they did as their best practices. If certain challenges don’t end well, future versions of the instrument may end up needing to incorporate changes at the request of FBI.

If evidence from a device ever leads to a case in a court room, the defense attorney will (and should) request a copy of the tool to have independent third party verification performed, at which point the software will need to be made to work on another set of test devices. Apple will need to work with defense experts to instruct them on how to use the tool to provide predictable and consistent results.

In the likely event that FBI compels the use of the tool for other devices, Apple will need to maintain engineering and legal staff to keep up to date on their knowledge of the tool, maintain the tool, and provide testimony as needed.

In other words, developing an instrument is far more involved than simply dumping a phone for FBI, which FBI could have ordered:

  • Developed to forensically sound standards 
  • Validated and peer-reviewed 
  • Be tested and run on numerous test devices 
  • Accepted in court 
  • Given to third party forensics experts (testing) 
  • Given to defense experts (defense) 
  • Stand up to challenges 
  • Be explained on the stand 
  • Possibly give source code if ordered 
  • Maintain and report on issues 
  • Defend lawsuits from those convicted 
  • Legally pursue any agencies, forensics companies, or hackers that steal parts of the code. 
  • Maintain legal and engineering staff to support it 
  • On appeals, go through much of the process all over again

The risks are significant too:

  • Ingested by an agency, reverse engineered, then combined with in-house or purchased exploits to fill in the gap of code signing.
  • Ingested by private forensics companies, combined with other tools / exploits, then sold as a commercial product.
  • Leaked to criminal hackers, who reverse engineer and find ways to further exploit devices, steal personal data, or use it as an injection point for other ways to weaken the security of the device.
  • The PR nightmare from demonstrating in a very public venue how the company’s own products can be back doored.
  • The judicial precedents set to now allow virtually any agency to compel the software be used on any other device.
  • The international ramifications of other countries following in our footsteps; many countries of which have governments that oppress civil rights.

This far exceeds the realm of “reasonable assistance”, especially considering that Apple is not a professional forensics company and has no experience in designing forensic methodology, tools, or forensic validation. FBI could attempt to circumvent proper validation by issuing a deviation (as they had at one point with my own tools), however this runs the risk of causing the house of cards to collapse if challenged by a defense attorney.

(click here to continue reading Apple, FBI, and the Burden of Forensic Methodology | Zdziarski’s Blog of Things.)

Not something an Apple intern can do in an afternoon, in other words, but a significant task imposed on a private corporation by a government agency, in support of “what some law-enforcement officials privately describe as a nearly perfect test case.” 

FBI vs. Apple – The Fight Over Smartphone Encryption

Cell phone-iphile
A few more details re: the FBI vs. Apple case

A conspiracy minded person might wonder how much the FBI and NSA knew about the planned attack before it happened. Maybe James Comey decided a little collateral damage was a fair price to pay?

As the fight between federal officials and tech companies over encryption has intensified in recent years, talks between the two sides have produced few results, while Congress has struggled to craft legislation on the issue.

FBI leaders had been scanning for a case that would make a compelling argument about the dangers of encryption. In the San Bernardino phone, they found what some law-enforcement officials privately describe as a nearly perfect test case.

(click here to continue reading U.S. and Apple Dig In for Court Fight Over Encryption – WSJ.)

Again, having 9 Justices on the SCOTUS is extremely important, for many reasons, including this case:

Apple has a few more days to file its formal response to the court, which can be summed up as: “No.”

After a series of briefings at this local level, if neither side is happy, the case will be passed on to the District Court. Still no solution? The case would then be escalated to the Court of Appeals for the Ninth Circuit, the court which handles these sorts of issues on the US West Coast.

If that court backs the FBI, and Apple again refuses, it could eventually reach the US Supreme Court, whose decision will ultimately be final, and in this utterly fascinating case, precedent setting.

(click here to continue reading Apple vs the FBI – a plain English guide – BBC News.)

Cell Phone Evolution
Cell Phone Evolution

Is it even possible to do what the government is requesting? Yes, it does seem so, per the analysis of Dan Guido.

Again in plain English, the FBI wants Apple to create a special version of iOS that only works on the one iPhone they have recovered. This customized version of iOS (*ahem* FBiOS) will ignore passcode entry delays, will not erase the device after any number of incorrect attempts, and will allow the FBI to hook up an external device to facilitate guessing the passcode. The FBI will send Apple the recovered iPhone so that this customized version of iOS never physically leaves the Apple campus. As many jailbreakers are familiar, firmware can be loaded via Device Firmware Upgrade (DFU) Mode. Once an iPhone enters DFU mode, it will accept a new firmware image over a USB cable. Before any firmware image is loaded by an iPhone, the device first checks whether the firmware has a valid signature from Apple. This signature check is why the FBI cannot load new software onto an iPhone on their own — the FBI does not have the secret keys that Apple uses to sign firmware.

(click here to continue reading Apple can comply with the FBI court order – Trail of Bits Blog.)

Would You Believe
Would You Believe

and finally, some other tech companies spoke up in support of Apple’s stance:

On Wednesday, Apple’s peers in the technology industry – also eager to keep reputations over security intact – gave their backing to the iPhone maker.

Jan Koum, the creator of Whatsapp, which is owned by Facebook, wrote: “We must not allow this dangerous precedent to be set. Today our freedom and our liberty is at stake.”

The Information Technology Industry Council, a lobbying group that represents Google, Facebook, Microsoft, Samsung, Blackberry and a host of others, put out this statement: “Our fight against terrorism is actually strengthened by the security tools and technologies created by the technology sector, so we must tread carefully given our shared goals of improving security, instead of creating insecurity.”

Google chief executive Sundar Pichai said: “Forcing companies to enable hacking could compromise users’ privacy.”

Edward Snowden, whose revelations about US government spying provoked Apple’s stance on passcode-protected data, said the FBI was “creating a world where citizens rely on Apple to defend their rights, rather than the other way around”.

(click here to continue reading Apple vs the FBI – a plain English guide – BBC News.)

Apple Doesn’t Want to Create Special Software For the FBI To Bypass Security

Pippin's New MBA

I’m on Apple’s side on this, 1,000%, the government should not be allowed such latitude. Apple currently has the full letter on their website, some excerpts below.

The United States government has demanded that Apple take an unprecedented step which threatens the security of our customers. We oppose this order, which has implications far beyond the legal case at hand.

This moment calls for public discussion, and we want our customers and people around the country to understand what is at stake.

We have great respect for the professionals at the FBI, and we believe their intentions are good. Up to this point, we have done everything that is both within our power and within the law to help them. But now the U.S. government has asked us for something we simply do not have, and something we consider too dangerous to create. They have asked us to build a backdoor to the iPhone.

Specifically, the FBI wants us to make a new version of the iPhone operating system, circumventing several important security features, and install it on an iPhone recovered during the investigation. In the wrong hands, this software — which does not exist today — would have the potential to unlock any iPhone in someone’s physical possession.

The FBI may use different words to describe this tool, but make no mistake: Building a version of iOS that bypasses security in this way would undeniably create a backdoor. And while the government may argue that its use would be limited to this case, there is no way to guarantee such control.

(click here to continue reading Customer Letter – Apple.)

A new version of the iOS, created just for the government to inspect our private communications? That doesn’t sound good, in fact, that is a horrible precedent for private industry. I assume this case will be appealed all the way to the Supreme Court, all the more reason to have a full 9 Justices sitting on the court.

Apple store

Tim Cook continues:

The government suggests this tool could only be used once, on one phone. But that’s simply not true. Once created, the technique could be used over and over again, on any number of devices. In the physical world, it would be the equivalent of a master key, capable of opening hundreds of millions of locks — from restaurants and banks to stores and homes. No reasonable person would find that acceptable.

The government is asking Apple to hack our own users and undermine decades of security advancements that protect our customers — including tens of millions of American citizens — from sophisticated hackers and cybercriminals. The same engineers who built strong encryption into the iPhone to protect our users would, ironically, be ordered to weaken those protections and make our users less safe.

We can find no precedent for an American company being forced to expose its customers to a greater risk of attack. For years, cryptologists and national security experts have been warning against weakening encryption. Doing so would hurt only the well-meaning and law-abiding citizens who rely on companies like Apple to protect their data. Criminals and bad actors will still encrypt, using tools that are readily available to them.

Rather than asking for legislative action through Congress, the FBI is proposing an unprecedented use of the All Writs Act of 1789 to justify an expansion of its authority.

The government would have us remove security features and add new capabilities to the operating system, allowing a passcode to be input electronically. This would make it easier to unlock an iPhone by “brute force,” trying thousands or millions of combinations with the speed of a modern computer.

The implications of the government’s demands are chilling. If the government can use the All Writs Act to make it easier to unlock your iPhone, it would have the power to reach into anyone’s device to capture their data. The government could extend this breach of privacy and demand that Apple build surveillance software to intercept your messages, access your health records or financial data, track your location, or even access your phone’s microphone or camera without your knowledge.

Opposing this order is not something we take lightly. We feel we must speak up in the face of what we see as an overreach by the U.S. government.

We are challenging the FBI’s demands with the deepest respect for American democracy and a love of our country. We believe it would be in the best interest of everyone to step back and consider the implications.

While we believe the FBI’s intentions are good, it would be wrong for the government to force us to build a backdoor into our products. And ultimately, we fear that this demand would undermine the very freedoms and liberty our government is meant to protect.

 

(click here to continue reading Customer Letter – Apple.)

for reference:

The All Writs Act is a United States federal statute, codified at 28 U.S.C. § 1651, which authorizes the United States federal courts to “issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.”

(click here to continue reading All Writs Act – Wikipedia, the free encyclopedia.)

Apple Logos

The NYT gives a little context:

Apple said on Wednesday that it would oppose and challenge a federal court order to help the F.B.I. unlock an iPhone used by one of the two attackers who killed 14 people in San Bernardino, Calif., in December.

On Tuesday, in a significant victory for the government, Magistrate Judge Sheri Pym of the Federal District Court for the District of Central California ordered Apple to bypass security functions on an iPhone 5c used by Syed Rizwan Farook, who was killed by the police along with his wife, Tashfeen Malik, after they attacked Mr. Farook’s co-workers at a holiday gathering.

Judge Pym ordered Apple to build special software that would essentially act as a skeleton key capable of unlocking the phone.

But hours later, in a statement by its chief executive, Timothy D. Cook, Apple announced its refusal to comply. The move sets up a legal showdown between the company, which says it is eager to protect the privacy of its customers, and the law enforcement authorities, who say that new encryption technologies hamper their ability to prevent and solve crime.

(click here to continue reading Tim Cook Opposes Order for Apple to Unlock iPhone, Setting Up Showdown – The New York Times.)

The WSJ adds:

Apple Inc. Chief Executive Tim Cook said the company will oppose a federal judge’s order to help the Justice Department unlock a phone used by a suspect in the San Bernardino, Calif., attack.

In a strongly worded letter to customers posted on Apple’s website early Wednesday, Mr. Cook called the order an “unprecedented step which threatens the security of our customers” with “implications far beyond the legal case at hand.”

The order, reflected in legal filings unsealed Tuesday, marks a watershed moment in the long-running argument between Washington and Silicon Valley over privacy and security.

In the order, U.S. Magistrate Judge Sheri Pym agreed with a Justice Department request that Apple help unlock an iPhone 5C once used by Syed Rizwan Farook. The order calls on Apple to disable certain security measures on the phone, including a feature that permanently disables the phone after 10 unsuccessful tries at the password. Such measures have kept agents from reviewing the contents of the phone, according to the filing. When the phone is locked, the data is encrypted.

Apple said it isn’t opposing the order lightly nor does it question the FBI’s intentions, but it feels that the government has overreached.

In her order, Judge Pym gave Apple five days to appeal.

(click here to continue reading Apple Opposes Judge’s Order to Help Unlock Phone Linked to San Bernardino Attack – WSJ.)

The Scalia Vacancy On The Supreme Court

Anton Scalia Is Dead

If the Republican Party of 2016 were students of history, and not just do-nothing nihilists, they would vote on the new Supreme Court Justice within a day or two of Obama nominating him. Even if there were hearings to discuss the “fitness” of the candidate, the vote shouldn’t take more than a month. The NYT made a handy-dandy graphic for reference.

The Senate has never taken more than 125 days to vote on a successor from the time of nomination; on average, a nominee has been confirmed, rejected or withdrawn in 25 days.

But as we all know, the Republicans’ main gambit during the Obama administration has been “party over country”, as proven again and again and again by their actions of delaying the simplest action.

I bet you didn’t realize that the term of the president has been truncated, now it isn’t four years, but three years, per the GOP anyway. 

So what to do? Sally Kohn argues Obama should make a recess appointment:

Article II, Section 2 of our Constitution reads: “Power to nominate the Justices is vested in the President of the United States, and appointments are made with the advice and consent of the Senate.” Last we all checked, President Obama is the President of the United States. Appointing a Supreme Court justice is his privilege and responsibility. Republicans, incidentally, are pointing to Robert Bork, Ronald Reagan’s Supreme Court nominee who Senate Democrats successfully blocked. But Democrats didn’t announce, hours after the vacancy was created and before any names were floated, that they would unanimously block any justice Reagan would nominate. Their opposition was specifically limited to Bork. And when Bork was blocked and Reagan nominated Anthony Kennedy, he was unanimously confirmed by the Senate. Today, Republicans haven’t declared their opposition to a specific candidate. They have declared their opposition to President Obama nominating anyone. So what are President Obama’s options? Since he has said he will nominate a justice to fill the vacancy and not bow to this ridiculous Republican temper tantrum, my sense is he has two realistic options. The first is to nominate a superstar moderate to fill the vacancy—someone it will be very politically hard for Republicans to oppose.

Obama’s second option is a recess appointment. It just so happens that the Senate is currently in recess until Feb. 22nd. While a Supreme Court ruling in 2014 constrained such appointments, the way Senate Republicans have taken this current break might make it possible for President Obama to legally make an appointment.…Obama has strong wind at his sails to do this, with McConnell and others already declaring their blanket opposition to backing any nominee, and I’m not gonna lie, it would be a really powerful “Fuck you” gesture to make to a Republican Party that has been nothing but problematically petulant since Obama took office.

(click here to continue reading Obama has two choices in filling the Scalia vacancy – Quartz.)

My guess is that “No Drama” Obama won’t choose this path though, despite it being reasonable. I do hope Obama at least nominates a candidate in a week or so, and then consistently pushes the Senate to perform its “advise and consent” role. Lame-duck interm appointments and executive appointments may be frowned upon (for some reason), but Obama has more than 300 days left in his term! My understanding of lame-duck was it is from November of an election year to the next inauguration the following January. 

Barack Obama - 49th Ward mural
Barack Obama – 49th Ward mural

Joan Walsh has more on that topic:

Leave it to Senator majority leader Mitch McConnell to defile Supreme Court Justice Antonin Scalia’s “originalist” constitutional legacy, when he’d barely been gone 24 hours. McConnell says President Obama can’t appoint Scalia’s successor; the choice must be left to “a new president,” although Obama has more than 11 months left in his term.

Thus did McConnell seem to unilaterally rewrite the Constitution to strip a year from the president’s final term. All 43 presidents before him had four-year terms (unless they died in office or resigned, of course), but when it comes to arguably the president’s most important job, McConnell would limit Obama to three years.

“The American people should have a voice in the selection of their next Supreme Court Justice,” McConnell said in a statement Saturday evening. “Therefore, this vacancy should not be filled until we have a new President.” Note to McConnell: A majority of the American people elected Barack Obama, twice. He is the first American president to get more than 50 percent of the popular vote, twice, since Franklin Delano Roosevelt. It is in fact our right to have a voice in the selection of a justice. Obama is our voice.

(click here to continue reading Mitch McConnell Wants Obama to Have a 3-Year Last Term | The Nation.)

as does Senator Elizabeth Warren:

The sudden death of Justice Scalia creates an immediate vacancy on the most important court in the United States. Senator McConnell is right that the American people should have a voice in the selection of the next Supreme Court justice. In fact, they did — when President Obama won the 2012 election by five million votes.

Article II Section 2 of the Constitution says the President of the United States nominates justices to the Supreme Court, with the advice and consent of the Senate. I can’t find a clause that says “…except when there’s a year left in the term of a Democratic President.” Senate Republicans took an oath just like Senate Democrats did. Abandoning the duties they swore to uphold would threaten both the Constitution and our democracy itself.

It would also prove that all the Republican talk about loving the Constitution is just that — empty talk.

(click here to continue reading (2) U.S. Senator Elizabeth Warren.)

We’ll see what happens, I suspect the topic will be in the news until the Democratic Party nominee wins the 2016 election.

America And Lead Poisoned Water

When Thinking Leads To The Unthinkable
When Thinking Leads To The Unthinkable…

Scary, and even more reason we should dial back our military adventures, and instead invest in our infrastructure lest we kill ourselves…

“Lead in Flint is the tip of the iceberg,” notes Dr. Richard J. Jackson, former director of the National Center for Environmental Health at the Centers for Disease Control and Prevention. “Flint is a teachable moment for America.”

In Flint, 4.9 percent of children tested for lead turned out to have elevated levels. That’s inexcusable. But in 2014 in New York State outside of New York City, the figure was 6.7 percent. In Pennsylvania, 8.5 percent. On the west side of Detroit, one-fifth of the children tested in 2014 had lead poisoning. In Iowa for 2012, the most recent year available, an astonishing 32 percent of children tested had elevated lead levels. (I calculated most of these numbers from C.D.C. data.)

Across America, 535,000 children ages 1 through 5 suffer lead poisoning, by C.D.C. estimates.

“We are indeed all Flint,” says Dr. Philip Landrigan, a professor of preventive medicine at the Icahn School of Medicine at Mount Sinai. “Lead poisoning continues to be a silent epidemic in the United States.”

(click here to continue reading America Is Flint – The New York Times.)

Declining Issues
Declining Issues

and this short-sighted austerity by Congress is just sickening:

Some 24 million homes in America have deteriorated lead paint, of which occupants are often unaware. If a toddler regularly breathes lead-contaminated dust, or sucks a finger that has touched the dust, that child may suffer lifelong brain damage.

Yet anti-lead programs have been dismantled in recent years because in 2012 Congress slashed the funding for lead programs at the C.D.C. by 93 percent. After an outcry, some money was restored, but even now these lead programs have only a bit more than half the funding they once had.

 Reverse Osmosis Water Filter

I’ve owned a reverse osmosis water filtration system for a long time, but it only cleans my drinking/cooking water, not the water in my entire house. How about you?

If it is not possible or cost-effective to remove the lead source, flushing the water system before using the water for drinking or cooking may be an option. Any time a particular faucet has not been used for several hours (approximately 6 or more), you can flush the system by running the water for about 1-2 minutes or until the water becomes as cold as it will get. Flush each faucet individually before using the water for drinking or cooking. You can use the water flushed from the tap to water plants, wash dishes or clothing, or clean. Avoid cooking with or drinking hot tap water because hot water dissolves lead more readily than cold water does. Do not use hot tap water to make cereals, drinks or mix baby formula. You may draw cold water after flushing the tap and then heat it if needed.

You may also wish to consider water treatment methods such as reverse osmosis, distillation, and carbon filters specially designed to remove lead. Typically these methods are used to treat water at only one faucet. Contact your local health department for recommended procedures. If you want to know more about these filters, please contact NSF International, an organization for public health and safety through standards development, product certification, education, and risk management. Remember to have your well water tested regularly, at least once a year, to make sure the problem is controlled.

(click here to continue reading CDC – Lead and Drinking Water from Private Wells – Wells – Private Water Systems – Drinking Water – Healthy Water.)

America’s Future Is A Future of Failing Infrastructure

Like An Approaching Train
Like An Approaching Train…

America needs the political willpower to rebuild our crumbling infrastructure, and soon. Tax cuts for the wealthy don’t help when you need to replace lead pipes serving drinking water, nor do tax breaks for wealthy corporations help rebuild bridges about to collapse.

The L-pocalypse is coming, the early effects of the L-pocalypse is here. The New York City subway train is the most direct route between Brooklyn and Manhattan, servicing some 300,000 people every day. News recently leaked that the city’s transit authority, the MTA, is considering shutting the train down as early as 2017 for between one and three years to repair floodwater damage caused by Hurricane Sandy. That prospect understandably has many of those who live, work, or own businesses in north Brooklyn quite upset; Thursday’s meeting of the “L Train Coalition” at Brooklyn Bowl made clear that the dialogue between concerned citizens, elected leaders, and the MTA is going to be contentious, at best.

The upcoming plight of a gentrified neighborhood in New York City is mainly a local story, sure, but as infrastructure crumbles around the United States, pollution worsens, and as climate change brings us ever-increasing and severe natural disasters, cities around the country are going to be faced with very expensive problems for which there are no good solutions.

Surely, similar town hall meetings are playing out around the country, where residents are upset that, through a combination of underfunding, tax cuts, climate change, and simple aging, services that are taken for granted such as functioning roads, subway systems, and lead-free drinking water are no longer a given.

(click here to continue reading Williamsburg’s Angry Town Hall Meetings Are the Future of Failing Infrastructure | Motherboard.)

A Screaming Comes Across the Sky
A Screaming Comes Across the Sky

and in microcosm: the water infrastructure of Flint, MI:

Poor political decisions caused the crisis, but it wouldn’t have happened at all if the lead pipes weren’t there to begin with. The current solution is a stopgap—spiking the water supply with an anticorrosive chemical. But if the powers that be want to eliminate the risk completely, they will ultimately have to replace all the lead plumbing. A September estimate, only recently released by Michigan governor Rick Snyder, puts the cost of replacing all the lead pipes in Flint at $60 million. And the project will take 15 years.

The basic challenge: dig up several thousand miles of poisonous pipe buried as deep as dead bodies. Oh, for Pete’s sake. People can only take bottled water baths for so long. “I don’t understand, are they only going to fix four pipes a day?” says Harold Harrington, business manager of Flint’s plumber’s union, the United Association Local 370. He says with the right kind of investment, the city—or state, or whoever ends up taking responsibility—could move a lot faster.

Most of the corroded pipes in Flint—20,000 to 25,000 in total—are what is known as service lines. These are one inch in diameter, and connect homes to the larger, main pipes running under the middles of streets. (The mains are cast iron.) Because Flint is in Michigan, and Michigan is a very cold place, the service lines have to be buried about three and a half feet deep, below the frost line. “But most of the main pipes are between five to seven feet deep, so the service lines are at a similar depth,” says Martin Kaufman, a geographer at the University of Michigan-Flint. So that’s the basic challenge: dig up several hundred miles of poisonous pipe buried as deep as dead bodies.

Before calling in the backhoes, somebody needs to figure out where all those pipes are buried. Not just which houses they’re in, either. Remember, the pipes are an inch wide, and buried under roads, sidewalks, and front lawns, beneath lattices of cables, fiber optic wires, and gas lines. Digging in the wrong place would be both dangerous and expensive. Kaufman is one of those in charge of figuring out where all the lead pipes are buried, but the pipelayers of yore didn’t do him many favors. “The recordkeeping of the city is not very good,” he says. “They kept information on three by five index cards, a lot of which are smeared.” The only definite way to check if a pipe is lead or not is to scrape the pipe’s interior as it comes into the house. “If the residue is gray and nonmagnetic, it is lead,” he says.

Replacing a typical service line takes three people. “You need an operator to run the equipment, one guy hand digging to make sure you don’t get into any other utilities, and another guy getting the floor busted out in the basement,” says Harrington. As long as they don’t run into any problems, the whole job should take the team about half a day. Harrington estimates that he could reasonably call in about 20 such teams to work full time until the job is done. Assuming the rate is forty pipes a day, roughly 249 days a year (nights and weekends, y’all), the Flint plumber’s militia could bang the job out in just over two years.

Harrington says digging up and replacing a forty foot length of lead pipe costs around $3,000. This does not take into account externalities like repaving streets and sidewalks, fixing any damage done to the home, and resodding lawns. Multiply $3,000 by 20,000 pipes and you get $60 million dollars—which suggests that the figure quoted in Michigan governor Snyder’s email is probably a lowball.

(click here to continue reading Here’s How Hard It Will Be to Unpoison Flint’s Water | WIRED.)

Water Pumping Station
Water Pumping Station

How many communities in America need new water lines? Nobody is quite sure, but it is a lot. 

It’s a problem that’s much bigger than Flint: there are millions of lead pipes all across America, putting children at risk of stunted growth, brain damage and a lifetime of diminished potential. Just this week, residents of Sebring, a town of 8,000 in rural Ohio, were told not to touch their tap water out of lead fears similar to Flint’s.

“This is a situation that has the potential to occur in however many places around the country there are lead pipes,” Jerry Paulson, emeritus professor of pediatrics and environmental health at George Washington University, said in an interview. “Unless and until those pipes are removed, those communities are at some degree of risk.”

Roughly 10 million American homes and buildings receive water from service lines that are at least partially lead, according to the Environmental Protection Agency. Service lines are the pipes connecting water mains to people’s houses. Lead ones are mostly found in the Midwest and Northeast.

Despite the life-altering consequences of lead poisoning, there is no national plan to get rid of those pipes. A top reason for continuing to use lead service lines instead of immediately digging them up is that utilities can treat water so it forms a coating on the interior of the pipes — a corrosion barrier that helps prevent lead particles from dislodging and traveling to your faucet. But if the water chemistry changes, the corrosion controls can fail. 

(click here to continue reading Lots Of Cities Have The Same Lead Pipes That Poisoned Flint.)

What Infrastructure Crisis?
What Infrastructure Crisis?

In the old, can-do America, both political parties would agree that fixing dilapidated infrastructure would be a good national goal, and would seek consensus on how to ramp up the work force and financing for the project. In the sad, tired America of the 21st C.E., seemingly only Bernie Sanders even brings the topic up. Consider all the good paying jobs, in communities all around the country, that would benefit from fixing roads, bridges, sewer lines, power grids, water lines, bullet trains, and so on and so forth. Why is it a partisan struggle to even discuss the future? Sure, we are talking about hundreds of billions of dollars, or even more, but so what? Do Wall Street corporations and the oil industry really need more tax breaks to remain in business? 

Gilead Gouging Prices of Hepatitis C and H.I.V. Drugs

Cut Rate Liquors and Real Drugs
Cut Rate Liquors and Real Drugs. 

Have we reached a tipping point for drug pricing yet? Seems close, at least, to a public consensus that pharmaceutical companies cannot set prices so high they shock the conscience. We have to weigh public health against private profits.

The attorney general of Massachusetts said on Wednesday that she had opened an inquiry into whether Gilead Sciences had violated state consumer protection laws by charging too much for its hepatitis C drugs.

The notification, which was contained in a letter to the company from the attorney general, Maura Healey, is the latest challenge to the practices of Gilead, which has become the largest and most profitable biotechnology company by dominating the market for drugs used to treat both H.I.V. and hepatitis C.

On Tuesday, the AIDS Healthcare Foundation, a nonprofit organization that treats patients with H.I.V. and AIDS, filed a lawsuit seeking to invalidate patents covering the new version of Gilead’s mainstay H.I.V. drug, tenofovir. The lawsuit also says that Gilead, to maximize product life span but to the detriment of patients, delayed the introduction of the new, safer version of tenofovir until the old version was about to lose patent protection.

The hepatitis C drugs, Sovaldi and Harvoni, are widely considered breakthroughs — curing most patients in 12 weeks with few side effects. But Sovaldi has a list price of $1,000 per daily pill, or $84,000 for 12 weeks, and Harvoni costs $94,500. Those prices, and the great demand for the drugs, have strained the budgets of state Medicaid programs and prison systems, forcing many of them to restrict treatment to those most seriously ill.

In her letter to Gilead’s chief executive, John C. Martin, Ms. Healey said her office was examining whether Gilead’s pricing would be an “unfair trade practice,” in violation of Massachusetts law.

“Because Gilead’s drugs offer a cure for a serious and life-threatening infectious disease, pricing the treatment in a manner that effectively allows H.C.V. to continue spreading through vulnerable populations, as opposed to eradicating the disease altogether, results in massive public harm,” she wrote, referring to the hepatitis C virus by its initials.

One motivation for Ms. Healey’s letter was a class-action lawsuit filed against Massachusetts’ Department of Correction asking for more inmates to be treated for hepatitis C. Ms. Healey’s letter said that treating everyone at the list price of Sovaldi would “easily exceed our entire budget for prisoner health care.”

(click here to continue reading Gilead Faces Fights Over Hepatitis C and H.I.V. Drugs – The New York Times]

More to come on this topic, I assume…

Electric concrete to melt snow faster

Intensely Secular
Intensely Secular (snow plow)

Speaking of infrastructure improvements:

Dr. Chris Tuan, a professor of civil engineering at the University of Nebraska-Lincoln, and his team of researchers have developed a concrete mixture prototype that melts away falling snow and ice by conducting electricity.  

Steel rods beneath the concrete’s surface connect to electrodes, which connect to a 120-volt AC power source.

Carbon byproducts from coal mining and steel shavings from industrial waste make up only 20 percent of the otherwise typical concrete mixture, but the conductivity is strong enough to clear the surface. 

Still, it’s not cheap: Tuan’s concrete runs $300 per cubic yard, compared to $120 per cubic yard of regular concrete.

But the typical salt and de-icing chemicals used on streets can corrode concrete and lead to potholes. Tuan said this makes his conductive concrete an even more attractive option, with a greater upfront price tag offsetting later maintenance and operating costs.

“Bridges always freeze up first, because they’re exposed to the elements on top and bottom,” Tuan told UNL Today. “It’s not cost-effective to build entire roadways using conducive concrete, but you can use it at certain locations where you always get ice or have potholes.”

“Statistics indicate that 10 to 15 percent of all roadway accidents are directly related to weather conditions,” Tuan explains in his 2008 analysis of the bridge study. “This percentage alone represents thousands of human injuries and deaths and millions of dollars in property damage annually … The conductive concrete deicing technology is readily available for implementation at accident-prone areas such as bridge overpasses, exit ramps, airport runways, street intersections, sidewalks and driveways.” 

(click here to continue reading Electric concrete to melt snow faster – Business Insider.)

Cold Winter Streets
Cold Winter Streets

also, there are environmental advantages to using less de-icing materials:

Conductive concrete can alleviate environmental damage by reducing the amount of salt and chemicals dispersed on roads and sidewalks after storms. Melting snow and ice carries deicing chemicals into local waterways and nearby soils, which in turn can slow plant growth and attract animals into dangerous roadways.   

Cool. Err, well, interesting…

Scary
Scary snow plow.

Flint Water Crisis Shines Light on Lead Pipes Across US

Sewer Improvement Project - Kinzie
Sewer Improvement Project.

Long time readers of this blog know we feel strongly that America would have much better served if we had invested money in rebuilding our crumbling infrastructure instead of invading Iraq. American taxpayers spent trillions of dollars, basically pissed away in the sands of Iraq and Afghanistan, most of which did America no good. I guess if you were a defense contractor, you did ok, replenishing supplies of jet fuel, bullets and bombs for the military, but wouldn’t that money have been better spent fixing bridges, water pipes, sewer pipes and the like in places taxpayers live in?

The water crisis in Flint, Mich., has exposed the danger that lead could potentially leach into the drinking water of millions of Americans, showing what can go wrong if aging infrastructure isn’t properly monitored and maintained.

Lead is common in pipes across the country, mostly in service lines linking street pipes to people’s homes. Millions of pipes now in use were installed well before 1986, when federal law banned lead pipes and solder, and some date back to the 1800s.

The price tag just to dig up and replace as many as eight million lead service lines into homes and businesses could easily reach tens of billions of dollars. The task is complicated by the fact that utilities and cities often don’t know where such lines are buried. And tens of millions of other water lines have lead solder or fixtures that also can contaminate drinking water.

Nationwide, lead solder that seals pipes and joints exists in about 81 million homes, or roughly two-thirds of households, and leaded brass fixtures, another source of contamination, are in the vast majority of homes, said Marc Edwards, an environmental engineering professor at Virginia Tech.

“While Flint is an outlier, it confirms everything that we have been speaking out against for the last 10 years,” said Mr. Edwards, who tested Flint drinking water samples last summer, revealing high lead levels.

Experts generally agree that the lead service lines that connect water mains to homes are a leading culprit for lead contamination in water and need to be removed.

“It’s going to be a huge financial challenge,” said G. Tracy Mehan III, executive director for governmental affairs at American Water Works Association, a trade group representing 4,000 utilities across the U.S., not including Flint’s. Just 2% of water utilities surveyed by the group last year said they had all the financial resources to cover future pipeline upgrades, which would include replacing lead pipes and fixtures.

Replacing Flint’s lead lines, solder and joints could take 15 years and $60 million, according to a September estimate by an aide to Gov. Rick Snyder. On Wednesday, the governor said it was too soon to estimate the cost.

(click here to continue reading Flint Water Crisis Shines Light on Lead Pipes Across U.S. – WSJ.)

Homeland Security Ignores Right Wing Antigovernment Movements

Neon Green Tea
 I remember when DHS came out with a report mildly critical of the anti-government tea bagger types, and remember the Obama administration caving to the GOP idiots rather quickly. Right wing extremists are easily as scary as Muslim extremists, except the right-wingers have their own support group in Congress, their own media infrastructure, including Fox News, Rush Limbaugh and the rest. So from where I sit, I’m more scared of the right-wing militia.

Daryl Johnson once worked in the branch of the Department of Homeland Security that studied the threats posed by antigovernment groups. His former office was shut down more than five years ago.

But when members of an armed group took over a federal wildlife refuge in Oregon last week, Mr. Johnson was not surprised.

In 2009, the former analyst wrote a report that warned of a growing antigovernment movement and the possible recruitment of returning military veterans that could “lead to the potential emergence of terrorist groups or lone-wolf extremists.”

His words drew fierce criticism from Republican lawmakers and conservative news media, labeling the report an unfair assessment of legitimate criticisms of the government. The document was retracted after Janet Napolitano, who was then the Homeland Security secretary, apologized to veterans, and the Extremism and Radicalization Branch was quietly dismantled.

Some lawmakers and former intelligence analysts, such as Mr. Johnson, say the department has allocated significant resources to combating violent extremism among Muslims, but has failed to gather the intelligence needed to fight right-wing extremism in the United States.

 …

“The D.H.S. is scoffing at the mission of doing domestic counterterrorism,” Mr. Johnson said. “The same patterns that led to the growth of the antigovernment groups in the 1990s is being played out today. D.H.S. should be doing more.”

 

(click here to continue reading Homeland Security Looked Past Antigovernment Movement, Ex-Analyst Says – The New York Times.)

Tranquilize your mind
Tranquilize your mind

Wouldn’t want to offend anyone who might vote for a Republican:

The radicalization office was meant to monitor domestic threats, with a major focus on militia groups, particularly because Homeland Security analysts worried that these groups might be able to recruit returning military veterans. The reference to veterans, in addition to claims that the report was targeting Tea Party activists, promoted the backlash that led to the closing of the office.

Former Speaker John A. Boehner, Republican of Ohio, who was then House minority leader, criticized Ms. Napolitano for the department’s failure to use the term “terrorist” to describe groups such as Al Qaeda, while “using the same term to describe American citizens who disagree with the direction Washington Democrats are taking our nation.”

After the criticism, the Homeland Security Department reduced the number of analysts who studied domestic terrorism that was unconnected to foreign threats

Daryl Johnson said that despite these efforts, he thinks the extremism office is still needed. “The Department of Justice looks at these things to make its law enforcement cases,” he said. “The mandate for the D.H.S. is broader. It’s supposed to provide the analysis and intelligence to track these kinds of things before it gets to the point of confrontation.”

(click here to continue reading Homeland Security Looked Past Antigovernment Movement, Ex-Analyst Says – The New York Times.)

Historians Exploring the Tech Graveyard

Tech Graveyard
Tech Graveyard

As someone who has studied history, I’ve long been interested in how future historians will handle our recent, tech-based civilization. Cords, cables, incompatible software, proprietary systems, historians will have a tangled mess to sort out.

When archivists at Northwestern University Library received boxes of personal items from the late actress Karen Black, they expected the usual: correspondence, scripts and fan mail. So when they found a silver Sprint flip phone, they were surprised and excited.

But there was one problem: It didn’t come with the cables.

Without the charger and data cables, the former Northwestern student’s phone went from being a potential treasure trove documenting her life to just a piece of plastic and metal.

For years, archivists have combed through papers and books to capture life at a specific point in time or a famous person’s work. With digital technology advancing rapidly and devices becoming outdated even quicker, the need to come up with strategies on preserving the nonphysical becomes urgent.

After exhausting other options, library archivists are encouraging the public to empty junk drawers and send in outdated cords through their zombie-themed #UndeadTech campaign. Their hope is to raise awareness about the challenges they face in preserving history and reach out to the public to help them resurrect devices such as Black’s.

 …

But once a device is turned on, then archivists have to figure out how to access the information and then how to transfer it to a format where it can be read in the future.

Chris Prom, assistant archivist for the University of Illinois at Urbana-Champaign Library, said he has been given computers without power cords as well. But after finding the right cords for the device, he was faced with the daunting task of figuring out how to process the data and then convert it into a form that is accessible later. Oftentimes, the systems that are needed to read the information on the device no longer exist.

“It’s like a big detective project to untangle it all and find out exactly what software you need to read it,” Prom said.

(click here to continue reading Northwestern University archivists aim to resurrect outdated technology – Chicago Tribune.)

Cell Phone Evolution
Cell Phone Evolution

When I was a student at UT, my senior history thesis was written after spending many an afternoon flipping through the Lyndon B. Johnson Library and Museum’s archives, handling memos and various scraps of paper. Fast forward a few decades, will there be anything to flip through? And not just governments, but people too: will those emails you sent last month survive your death? Your Instagram photos? When is the last time you booted up that old laptop?

 Edison Diamond Disc Phonograph

Edison Diamond Disc Phonograph

While Northwestern archivists said their program could be the first in the nation to tap into the junk drawers of the public for mobile devices, Dennis Meissner, president of the Society of American Archivists, said that the problem of turning on and deciphering outdated technology is not a new one. Technologies such as microfilm, magnetic media and wax media are just some of the devices that archivists have had to tackle.

“The first part is getting the hardware that can help you read items, and the second problem is pulling together software to help you make sense of it,” Meissner said. “It’s just a new instance of an age-old problem that archivists face.”

REAL ID Boondoggle Continues

Complex Citizen
The continuing saga of the Complex Citizen.

Sigh. The REAL ID boondoggle isn’t dead yet. Doesn’t it sound like everything the Big Govment’ haters rail against? And yet, it was passed “in the wake of 9/11”…

Currently, Illinois licenses and identification cards do not meet minimum standards mandated by the Real ID Act, which passed in 2005 in the wake of 9/11. If the Department of Homeland Security does not grant Illinois an extension, residents would need additional identification like a passport or face additional security checks to get on planes.

The act aims to thwart efforts by terrorists, con artists and immigrants in the country illegally to obtain government-issued identification. Arguments about costs, privacy and whether the additional information would actually reduce threats have delayed implementation of the law for more than a decade.

A major feature of Real ID is the verification of birth certificates, which Illinois currently does not require. The information is electronically scanned and stored in a federal database, and data can be shared easily among states and the federal government.

“It’s a large database that allows us to verify birth certificates and death certificates, things of that nature,” said Henry Haupt, spokesman for Secretary of State Jesse White. “It’s quite costly. We estimate, in order to utilize it and have all the birth certificates verified for Illinois drivers, it would cost about $3.75 million each year.”

White’s office estimated it would cost $100 to $150 million just for staffing, equipment and data storage. A Real ID driver’s licenses could cost an estimated $75 in Illinois. A license currently costs $30 for ages 21-68, according to CyberDrive Illinois.

That cost would largely be shouldered by Illinois drivers and taxpayers. The Homeland Security estimates it could cost $4 billion nationwide to implement the act.

States and territories were initially required to implement the program by May 2008, but the federal government delayed its start four times. Twenty-one states and four territories have been granted extensions to meet the law’s standards; 22 states and Washington, D.C., have implemented the act, according to a Jan. 30 Homeland Security statement.

Seven states — Arizona, Idaho, Louisiana, Maine, Minnesota, New Hampshire, New York — have no plans to implement Real ID. Residents of five of those states will not be able to board airplanes without additional identification like a passport starting in 2016; New York and Minnesota have driver’s licenses with enhanced security measures that will allow their residents to board airplanes, according to Homeland Security.

(click here to continue reading State eyes more secure driver’s license to avoid flying restrictions – Chicago Tribune.)

Back Seat Drivers
Back Seat Drivers

Sen. Iris Martinez (D-Chicago), a long-time opponent of the bill, says:

“I viewed Real ID as yet another unfunded federal mandate on state governments already facing tough budgets for important priorities,” Martinez said. “The proposition of a creation of a ‘one size fits all’ ID card necessary to travel was of great concern.”

 and the price of implementation to the states is steep:

Brian Zimmer, president of the Coalition for a Secure Driver’s License who helped draft the law’s provisions on driver’s licenses as a congressional committee staffer, said Illinois would have to construct or renovate buildings that issue licenses in order to meet security criteria, which could prove challenging.

The law prompted some states, like Wisconsin and Texas, to consolidate facilities. In Tennessee, licenses are issued from a single, secure location, he said. That means applicants get their license via mail instead of in person.

“Real ID required states to move from a business model where licensing was a revenue source to a business model where money needs to be invested in it to ensure it was done more securely,” Zimmer said. “The new model is security first, and security comes with a price.”

May Day rally 2007
Line at the REAL ID DMV station

price, confusion, long lines, and of course, privacy theft concerns:

Critics of Real ID have complained that it is a blatant invasion of privacy and would make people vulnerable to identity theft.

Ed Yohnka, a spokesman for the American Civil Liberties Union of Illinois, said a government database of citizens and some of their personal information smacks of Big Brotherism and would be a gold mine for identity thieves.

“One of the troubling things is that the system to protect our data will no longer be dependent about what happens here in Illinois,” Yohnka said. “What happens in Mississippi or Maine or Montana will be a conduit to get to our data. If hackers can get into those systems, they can get to the national system.”

He noted that the state’s database of driver’s licenses has fought off tens of thousands of improper access attempts.

“From a pragmatic point of view, all this furor over something that doesn’t provide safety and security is ridiculous,” Yohnka said.

https://farm9.staticflickr.com/8591/16639540626_809dfb3b7c_z.jpg
It’s the Future…

Sounds great! Can’t wait! Especially since I had such a bitch of a time getting my passport due to bureaucratic SNAFU ingrained in that system. 

Low-fat diet advice was based on undercooked science

Lobster Spring Roll - Japonais
Lobster Spring Roll.

As a follow-up to revision to the US government’s advice about cholesterol, we read this tidbit yesterday…

An international team of health scientists has completed a systematic study of the evidence available back in the 1970s and ’80s and concluded that a relationship of causation between fat consumption and coronary heart disease was never established. The researchers found just six studies that fit the criteria to be considered proper randomized controlled trials, all limited to male subjects and most addressing the proportion of fat in the diet only indirectly.

“Government dietary fat recommendations were untested in any trial prior to being introduced,” writes Zoe Harcombe of the University of the West of Scotland, lead author of the study. Despite this, “to date, no analysis of the evidence base for these recommendations has been undertaken,” which is what prompted Harcombe and her team to conduct their investigation.

From among the data on various diet types that was available, there were no differences in the number of deaths from all causes, and no statistically significant changes in death from cardiovascular disease. Eating less fat was not shown to improve a person’s heart health, even where changes in diet led to a reduction in blood cholesterol levels. “It seems incomprehensible that dietary advice was introduced for 220 million Americans and 56 million UK citizens, given the contrary results from a small number of unhealthy men,” comments Harcombe.

At the time of issuing the original 1977 Dietary Goals for the United States, better known as the McGovern report, the Senate Committee’s lead nutritionist, Dr. Hegsted of Harvard University, admitted that the evidence base was for the advice was somewhat lacking. “There will undoubtedly be many people who will say we have not … demonstrated that the dietary modifications we recommend will yield the dividend expected,” remarked Hegsted. But his counterargument was that there was more to gain from switching to the recommended diet than there was to lose. Beyond reducing fat intake, the Dietary Goals also urged a reduction in the consumption of salt and sugar, whose deleterious health effects have been far better established.

(click here to continue reading Low-fat diet advice was based on undercooked science | The Verge.)

Oh boy, so 40 years of bad advice from the government and corporate allies all based on incomplete science. Seems like someone should have said something, oh, maybe a few years later? Ten years later? Twenty years later? Ten years ago? 

US poised to withdraw longstanding warnings about cholesterol

Cajun Campfire Breakfast
Cajun Campfire Breakfast

An amazing sea change in nutritional policy. Just think of all the times you’ve heard to avoid cholesterol-laden foods like eggs.

The nation’s top nutrition advisory panel will drop its caution about eating cholesterol-laden food, a move that could undo almost 40 years of government warnings.

The group’s finding that cholesterol in the diet need no longer be considered a ‘‘nutrient of concern’’ stands in contrast to its findings five years ago, the last time it convened. During those proceedings, as in previous years, the panel deemed ‘‘excess dietary cholesterol’’ a public health concern.

The new view does not reverse warnings about high levels of ‘‘bad’’ cholesterol in the blood, which have been linked to heart disease. Moreover, some experts warn that people with particular problems, such as diabetes, should continue to avoid cholesterol-rich diets.

But the finding follows an evolution of thinking among many nutritionists who now say that, for a healthy adult, cholesterol intake may not significantly affect the level of cholesterol in the blood or increase the risk of heart disease.

The greater danger, according to this line of thought, lies in foods heavy with trans fats and saturated fats.

The panel’s report will be the basis for the next version of the ‘‘Dietary Guidelines,’’ a federal publication that has broad effects on the American diet. A person with direct knowledge of the proceedings said the cholesterol finding would make it into the group’s final report.

(click here to continue reading US poised to withdraw longstanding warnings about cholesterol – Nation – The Boston Globe.)

For me, I’ve never particularly hewed closely to these guidelines (I’ve eaten eggs more mornings than not the last 45 years, sometimes with bacon, or cooked in butter!), but still will be happy to see these guidelines revised.

O'Shaughnessy's Irish Breakfast
O’Shaughnessy’s Irish Breakfast

HHS’s Office of Disease Prevention and Health Promotion has the administrative leadership for the 2015 edition and is strongly supported by USDA’s Center for Nutrition Policy and Promotion in Committee and process management, and evidence analysis functions. The Departments jointly review the Committee’s recommendations and develop and publish the revised Dietary Guidelines for Americans policy document.

Recommendations from the Dietary Guidelines for Americans are intended for Americans ages 2 years and over, including those at increased risk of chronic disease, and provide the basis for federal food and nutrition policy and education initiatives. The Dietary Guidelines encourage Americans to focus on eating a healthful diet—one that focuses on foods and beverages that help achieve and maintain a healthy weight, promote health, and prevent disease.

The first edition of the Dietary Guidelines for Americans was released in 1980. As mandated in Section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341), the Dietary Guidelines for Americans is reviewed, updated, and published every 5 years in a joint effort between the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Agriculture (USDA).

Beginning with the 1985 edition, HHS and USDA have appointed a Dietary Guidelines Advisory Committee (DGAC) consisting of nationally recognized experts in the field of nutrition and health. The charge to the Committee is to review the scientific and medical knowledge current at the time. The Committee then prepares a report for the Secretaries that provides recommendations for the next edition of the Dietary Guidelines based on their review of current literature.

(click here to continue reading Dietary Guidelines for Americans, 2015 | Dietary Guidelines for Americans | Health.gov (ODPHP).)