Friday, January 18, 2008

White House Says It Routinely Overwrote E-Mail Tapes From 2001 to 2003

Is noone else surprised?

E-mail messages sent and received by White House personnel during the first three years of the Bush administration were routinely recorded on tapes that were "recycled," the White House's chief information officer said in a court filing this week.

During the period in question, the Bush presidency faced some of its biggest controversies, including the Iraq war, the leak of former CIA officer Valerie Plame Wilson's name and the CIA's destruction of interrogation videotapes.

White House spokesman Tony Fratto said he has no reason to believe any e-mails were deliberately destroyed.

From 2001 to October 2003, the White House's practice was to use the same backup tape each day to copy new as well as old e-mails, he said, making it possible that some of those e-mails could still be recovered even from a tape that was repeatedly overwritten. "We are continuing to analyze our systems," Fratto said last night.

The court filing said tapes were recycled before October 2003, and at that point, the White House "began preserving and storing all backup tapes."

Two federal statutes require presidential communications, including e-mails involving senior White House aides, to be preserved for the nation's historical record, and some historians responded to the court disclosure yesterday by urging that the White House's actions be thoroughly probed.

"There certainly could have been hugely important materials there . . . and of course they're not owned by President Bush or anybody in the administration, they're owned by the public," said presidential historian and author Robert Dallek. "Given how secretive this administration has been, it of course fans the flames and suspicions about what has been destroyed here. I hope we'll get an investigation."

The White House's electronic record-keeping system has been under scrutiny for months by congressional Democrats and is the subject of several lawsuits, one of which prompted the latest disclosures. The administration has previously acknowledged problems with the White House archiving system, but until Tuesday had not disclosed its practice of recycling backup tapes before 2003.

Although the White House said in the filing that its practice of recording over the tapes ceased after October 2003, it added that even some e-mails transmitted through the end of 2005 might not have been fully preserved. "At this stage, this office does not know" whether additional e-mails are missing, said the affidavit filed minutes before a court-ordered deadline of midnight Tuesday night by Theresa Payton, chief information officer in the White House Office of Administration.

The White House disclosure was filed with the D.C. District Court in response to a lawsuit filed by two advocacy groups, Citizens for Responsibility and Ethics in Washington and the National Security Archive, which alleged that millions of e-mail messages sent between 2003 and 2005 are missing from White House servers.

CREW filed the lawsuit after a confidential informant asserted that an undisclosed study by the White House Office of Administration concluded that e-mails involving certain officials were missing from particular days in that period. The lawsuit was primarily meant to force the White House to release a copy of the study.

Payton's affidavit confirmed that a chart prepared by an official whom she did not name "appears to have concluded" that White House records contain no e-mails from certain days or a "lower-than-expected" number on certain days. She said her office has "so far been unable to replicate its results or affirm the correctness of the assumptions underlying it."

Accordingly, she said, "this office has serious reservations about the reliability" of the study. A new study of the matter is underway, Payton said.

Since the controversy arose, the White House has acknowledged that some of its e-mails may be missing but that it is unsure how many because officials are still investigating possible "anomalies" in the records. Payton said in her affidavit that the recycling of backup tapes was "consistent with industry best practices related to tape media management."

Payton, who said she oversees the computer system relied on by 3,000 "users and customers" in the presidential and vice presidential offices, said the backup tape system was created to preserve records in case of a disaster. She did not cite any other federal agencies subject to records preservation requirements that routinely recycle such tapes.

Anne L. Weismann, chief counsel for the ethics group, said the disclosure raises new questions about the Bush administration's management of public records. "They didn't have what any archival person would consider to be an electronic record-keeping system," Weismann said. "These are not the steps of a White House committed to preserving records or meeting its obligations under the law."

Fratto criticized the plaintiffs for making "inflammatory" accusations. He said that "I don't know what the specific reason was" for changing the tape retention routine in October 2003, but he noted "that was around the time of" the Plame investigation, when the White House was told to produce internal e-mails relevant to the probe. He also emphasized that for the period after October 2003, White House "technical people cannot conclude based on that document that any e-mails are missing."

Rep. Henry A. Waxman (D-Calif.) told the National Archives in a letter last month that White House officials had told his investigators they found "numerous days with few or no emails for certain White House components" during a 2005 review of White House computer servers.

"More than two years after this problem was first discovered by White House staff," Waxman said, "the White House still has not identified the cause of the problem, determined the volume of emails lost, or developed a plan for restoring those emails that were lost."

In a related controversy, House investigators have determined that hundreds of thousands of e-mails from former presidential adviser Karl Rove and other White House aides are missing because they were sent using external accounts set up by the Republican National Committee.

Tuesday, January 15, 2008

When the credit squeeze struck last summer, the widespread view on Wall Street and in the City of London was that the five-year boom in investment banking bonuses had come to an end. If large banks had suffered losses, it seemed logical that their highly-paid employees would share the pain. The reality is likely to be more complicated. Though several institutions have not yet reported their results, it increasingly looks as if the bonus pot shared between employees of the world's largest investment banks will be larger than ever before.

Even though several bulge bracket banks have suffered catastrophic losses on investments linked to the US subprime mortgage crisis, many parts of their business enjoyed a record year in 2007. Moreover, not all banks have been equally affected. This has produced some surprising results. Take Morgan Stanley, for example. Despite reporting a huge fourth-quarter loss and raising $5bn in new equity from a Chinese state investment fund, the US bank paid out $16.6bn in compensation last year - an increase of 18 per cent. This pushed the ratio of compensation to revenues - a closely watched measure of cost discipline - to 59 per cent for the year. Most investment banks aim for a ratio below 50 per cent.

But Morgan Stanley is unlikely to be alone. Citigroup and Merrill Lynch, which are both due to report fourth-quarter results this week and have both been forced to seek fresh capital, face a similar dilemma, as does UBS, which is due to inform staff of bonuses later this month. The problem is not just about how to reward good performers in spite of scarce financial resources. Uncertainty over the economic outlook also makes it hard for banks to predict which business areas will be active this year, and therefore which staff they need to keep happy. Some parts of the industry, such as the structured finance desks that created complex fixed-income securities, have been scaled back. But in other areas, such as commodities, banks are still looking to expand and human capital remains scarce.

"The major risk to our business is people. For each vacant seat there are probably only around five people out there who could do it. We're hoping [rival] banks screw up and underpay this year, which could make it easier for us to hire," says the head of commodities at one European investment bank. The challenge is reflected in the variety of ways in which banks have tackled the problem. At one end of the spectrum are those institutions - such as Goldman Sachs and Lehman Brothers - that have escaped large losses in the fixed-income business. For them, the bonus round has been almost business as usual, with top performers well rewarded. Those identified as poor performers will have received little or no bonus - a bank's way of suggesting they should start looking for another job if they do not want to be ignominiously presented with a bin bag and told to clear their desk.

Even so, the slowdown in corporate activity and the weakness in the bond markets has curtailed overall rewards even at the healthier institutions. At Lehman, for example, individuals whose contribution was up 10 times would have seen their bonuses rise about seven times, according to a person familiar with its compensation policy this year. That helped to soften the blow for talented individuals who happen to work in the slower areas of the bank. So a valued employee whose contribution was 10 times less last year might have seen his or her bonus fall only four times.

Merrill's compensation ratio - pay and benefits as a percentage of net revenues - is expected to rise to more than 70 per cent as it seeks to cushion key staff from feeling the pain of the bank's losses. Some observers believe it could exceed 100 per cent if the bank reveals fresh losses on subprime securities. Merrill is believed to have increased its bonus pool for its investment banking division, although not by as much as its revenue contribution rose last year. It is thought to have been brutal with its fixed income division, including staff not directly responsible for losses. UBS, meanwhile, has taken the controversial decision to cap cash bonuses and make up the difference with shares. Executives argue that the bank's depressed share price makes this more attractive than in other years. Nevertheless, UBS's rivals are expecting a rash of senior defections in the next few months.

Coming after a year of losses, it seems odd that so many should be receiving large bonuses. Wall Street's apparent largesse to its staff is hard to square with senior bankers' expectations. Most predict that revenues derived from the US will be flat to down, with Europe flat at best. Growth is being pencilled in only in Asia. Yet even if the investment banks are behaving rationally in attempting to hang on to staff, this year's bonus round is bound to be controversial. The prospect of institutions whose behaviour helped create the current financial crisis continuing to reward its staff lavishly is likely to add to pressure on banks fundamentally to rethink their compensation structures. The crisis has revived the debate about whether investment banking bonuses encourage excessive risk-taking. This argument suggests that traders have a huge incentive to pile on risks because the rewards for success - a large bonus - are much greater than the consequences of failure, which is unemployment.

Writing in the FT last week, Raghuram Rajan, professor of finance at the Graduate School of Business at the University of Chicago and former chief economist at the International Monetary Fund, argued that banks should claw back payments to risk-takers who cream bonuses in good years but whose actions sow the seeds for large future losses. It is an idea that appeals to investment bank managers and is being taken up by some institutions. For example, Credit Suisse each year holds back some of what it pays its proprietary traders, who take risks with the bank's capital. If the traders do well again the following year, the retained bonus is released, plus an extra reward. But if their strategy blows up, they lose the retained part of the bonus.

However, investment banking executives insist the scope for such schemes is limited by intense competition for talented traders, particularly from hedge funds, where the rewards for success can be even greater. They also argue that the current crisis was largely caused by other factors, such as poor risk management and a lack of discipline with capital. "There is an assumption that compensation was the cause of the crisis and I don't think that was the case," says one senior executive. "It is a very competitive market and we don't believe we can change the system."

This is scant consolation to shareholders in investment banks, who are effectively subsidising the payout. Their only consolation is that if the broader business slows down this year, as expected, it will be some time before the bonuses reach such heights again.

Monday, January 07, 2008

I hate the TSA. I don't want to be blown up on a plane, but the security theater is just ridiculous. In my head, I sometimes play a small 16mm film where a pure white background, similar to THX-1138, is presented.

In the future..


[calming flute music plays]


United States Department of Edutainment presents:
JILL RIDES AN AIRPLANE!
FASCO Films Department: (c) 2015


Jill is 23. She is going to fly from Newark, New Jersey to Los Angeles to see her grandmother, whom she hasn't seen since she was 11.

A few months ago, Jill had to go to her state-approved physician to apply for a Right to Fly exam (a FASCO class C exam). She had to submit blood tests and take a basic psychological profile exam (30 minutes of 500 questions). Her doctor passed her, and she was able to apply to the Federal Air Safety Control Office for a FASCO 101 compliance. In her paperwork, she had to detail her arrival and departure time, purpose of visit, a list of people she would see on her visit, a list of her last 4 previous addresses, and a list of all places she has visited for more than 1 hour 20 miles or more away from home. In addition, she has to provide the names and contact information of two witnesses who can vouch for her status as a citizen where one of them has to already have FASCO clearance within the last 5 years. The entire form has to then be notarized, submitted with some DNA samples, a fingerprint, and a current photo. Upon completion, Jill submits the entire set of forms, and waits 4-6 weeks.

Jill's boss, Mr. Sterner, flys frequently. He only has to submit a FASCO 201 when he wants to fly. He has to reapply for his FASCO 201 status every five years, but it only takes 2 weeks to get his 201 authorization back. After all, Mr. Sterner is a very important man!

Six weeks later, Jill gets her authorization which is good only for the flight she applied for. Should the flight plans change, she will have to reapply, but only use a FASCO 103 to reassign her destination time and dates, and that process takes only 1-2 weeks, or just a few hours if she drops by a FASCO office in person. Her authorization packet contains a copy of her submitted paperwork and her authorization, printed in a small booklet with color shifting ink and holograms to prevent forgeries.

Just before she left, Jill put her travel needs into a box and had it shipped to her destination using her favorite commercial carrier. She went to the airport wearing only comfortable casual clothes, her identification, and a small bag with some books to read, and a disposable one-day use cash card with a balance of all the money she should need for the day. Jill has read her homework, and is prepared to fly into safety!

She takes a cab to the airport arrival station. It's a large building in front of a securely guarded airport. As she passes by the throngs of people saying goodbye to loved ones, she makes sure she has her papers and smiles in anticipation of her safe and comfortable flight.

The arrival area is far away from the actual airport. She steps up to the line to her ticket booth. Gone are the lines to various carriers, they already know you're coming! She merely separates into lines for those who had FASCO Class 1, like herself, as well as Class 2, for people like her boss, and Class 3 for government or emergency workers.

When she gets to the counter, a uniformed woman takes her booklet, and compares it to her ID. She asks for a fingerprint scan. Uh oh! There's a problem. Jill can't remember what finger she used! But the lady helps her out, and within minutes, she's approved to go into the disrobing chamber. The lady gives her a neck tag, stamps Jill's forehead, and sends her on her way past the many guards down a hallway.

Jill knows what to expect. Helpful pictograph signs show her what she will be doing when she gets to the disrobing room. At the end of the hallway, she steps into a free closet, and strips down naked. Don't forget those earrings and hair bands, Jill! Jill remembered that the safety of her personal belongings could never be guaranteed, so she came wearing nothing she couldn't afford to lose. She puts her belongings in a plastic bag, and seals it nice and tight. She sees herself in the mirror. Oh my, Jill. We have been gaining a little weight, haven't we? Better lay off those desserts at the buffet when you're in Los Angeles, Jill!

Then she puts her tag around her neck, and inspects the red stamp on her forehead. It identifies that she's been passed by Desk 34 in Newark. The New Jersey seal of safety approval shines like a beacon of safety, letting Jill relax and know she's in capable hands. It helps in a crowd of people to identify she's authorized to be a passenger. It does not rub off until she will later wipe it off with a mild alcoholic solution. But for now, it is a reassuring red mark that she has safe and will be taken care of.

She takes the sticker off her sealed bag, and puts it in the designated area in her booklet. This will assure her that she can be identified with her belongings upon her arrival. Looking in the shelf, she grabs an "airplane gown," a form-fitting elastic jumpsuit similar to the snuggly pajamas she wore as a little girl. As the soft microfiber adheres to her skin, she admires her figure with small pale FASCO logos on them. She then grabs a set of disposable airline slippers and puts them on.

Now she's ready to fly!

[swell of orchestra music]

Taking her bag, she submits it to a guard near a line of people, waiting to go onto the security conveyor system. Like the sidewalks of tomorrow, they roll passengers past a series of safety rays, which scan for bomb and drug residue, as well as X-ray for any unauthorized implants of concealed cargo someone might carry. Good thing you didn't eat this morning, because they could tell you what's making you a little pudgy, Jill!

At the end of the line, you are told to go through one of several gates by a random number assigned to your ID tag. Randomly, you might be selected for extra deep scanning. Jill has not been selected, and from the sounds of the young well-developed teen ahead of her who was, it doesn't sound pleasant! Don't worry, Jill. That young girl is very safe thanks to a series of trained men who will keep her private and snug behind sealed doors. The deep scanning is to make sure that nobody is an enemy agent in league with a bad FASCO employee. While no enemy FASCO agent has ever been reported, it's thanks in part to random deep scanning and time-trusted series of rapid questions. After a few minutes with those boys, that girl would tell them anything they need to know! Including her boyfriend's secret nickname! And thanks to overhead safety laws used by US Customs, nobody can use the US Constitution against the rest of America. So don't worry, Jill. That girl is as safe as you are!

Once sorted and scanned, Jill is put on a bus, which will take her to the actual airport. Jill is excited, because she will get to be on a real airplane! While she has trouble containing her glee, Jill remembers that no talking is allowed on the bus with other passengers. After all, that driver has to concentrate on the road with almost no windows on the bus!

Once a tangled mess of confused people, airports are now modern areas of traffic efficiency! As the bus unloads its stream of warm and clean passengers, Jill is only minutes away from her airplane gate! In the olden days, this would take hours, and she would be led astray with the confusion of hallways, excess traffic, and merchants pestering here. But now as she follows the crowds to their scanning points, uniformed guards will scan her tags, and helpfully tell her where to go.

A turn to the left [beep]
A turn to the right [beep]
Down that hall [beep]
And then...

[music swells]

The airplane!

[chorus of angels]

Jill sits in the waiting area. The pilots and mechanics want to make sure that the airplane is juuust right for Jill's visit to her grandmother. Hours seem like minutes until she is escorted down a long hallway to the airplane itself.

Soothing music plays as Jill is seated. Everything has been taken care of for her. And while the seats seem awfully small, it won't matter once they get to flying. Jill is so excited, she hopes she can stay awake for the takeoff!

The plane is quickly filled and humming with the anticipation of a good flight. The captain states the flight information and remind people to lie back and relax as he rolls the airplane down the runway and the armed attendants put on their masks. Jill does not even hear the gentle hiss of the gas as it fills the cabin with its flowery smell. Just think Jill, the plane needs perfume just like you do! She knows that she's not going to have a reaction to the sleep gas because she had an exam from her physician! As she drifts to sleep, she gets the sensation of flying with a small smile on her lips...

... and landing! Jill awakens slowly. To Jill, only minutes have passed, but her muscles are stiff. Weather complication during a layover added an hour or two to their arrival time, but their tags have already been updated for them due to the modern computer system that keeps track of all its little passengers. The attendants give Jill some bottled water with a mild stimulant to help wear off the effects of the sleep gas. They are just like mom, always making her sleepyheads are awake!

When they get to the gate, Jill is filed off the plane and scanned. Her legs are stiff and sore, but quickly flow with new blood as she awaits her turn to be sorted and moved to a bus that will take her to the airport arrival station in Los Angeles. Her heart skips a beat when she sees the older airport towers of the retired LAX Museum of Flight. She can't believe she's really here!

Jill stands patiently in line, awaiting her clothing. It seems to take forever! They match her booklet and tag, find her sealed bag, and send her to a disrobing room to change into her normal clothing. She keeps the disposable slippers as a souvenir of her grand journey.

Is that Grandma outside, behind the two fences and barbed wire? It might just be...

[grand music plays and Jill and grandma hug one another]

Grandma! Oh, how she's missed her little girl! And that long nap has made Jill look refreshed and radiant! The stamp on her forehead glistens in the California sun as they go to Grandmas house and talk about Jill's exciting day...

On an airplane!

[music swells, credits play]