June 1, 2011 nº 1,048 - Vol. 9
"It is even better to act quickly and err than to hesitate until the time of action is past."
Karl von Clausewitz
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Read Migalhas LatinoAmérica in Spanish every Tuesday and Thursday. Visit the website at www.migalhas.com/latinoamerica
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Cyber combat: act of war
The Pentagon has concluded that computer sabotage coming from another country can constitute an act of war, a finding that for the first time opens the door for the U.S. to respond using traditional military force. The Pentagon's first formal cyber strategy, unclassified portions of which are expected to become public next month, represents an early attempt to grapple with a changing world in which a hacker could pose as significant a threat to U.S. nuclear reactors, subways or pipelines as a hostile country's military. In part, the Pentagon intends its plan as a warning to potential adversaries of the consequences of attacking the U.S. in this way. "If you shut down our power grid, maybe we will put a missile down one of your smokestacks," said a military official. Recent attacks on the Pentagon's own systems—as well as the sabotaging of Iran's nuclear program via the Stuxnet computer worm—have given new urgency to U.S. efforts to develop a more formalized approach to cyber attacks. A key moment occurred in 2008, when at least one U.S. military computer system was penetrated. This weekend Lockheed Martin, a major military contractor, acknowledged that it had been the victim of an infiltration, while playing down its impact. One idea gaining momentum at the Pentagon is the notion of "equivalence." If a cyber attack produces the death, damage, destruction or high-level disruption that a traditional military attack would cause, then it would be a candidate for a "use of force" consideration, which could merit retaliation.
The Rules of Armed Conflict that guide traditional wars are derived from a series of international treaties, such as the Geneva Conventions, as well as practices that the U.S. and other nations consider customary international law. But cyber warfare isn't covered by existing treaties. So military officials say they want to seek a consensus among allies about how to proceed. "Act of war" is a political phrase, not a legal term. Cyber attacks that have a violent effect are the legal equivalent of armed attacks, or what the military calls a "use of force. A cyber attack is governed by basically the same rules as any other kind of attack if the effects of it are essentially the same. The U.S. would need to show that the cyber weapon used had an effect that was the equivalent of a conventional attack.
A tale of two countries: Strauss-Kahn news coverage
The difference in how the media in the United States and in France have approached the alleged victim so far underscores the divide that exists between the two countries, both in their media cultures and their legal systems. The American justice system has its roots in British common law and relies heavily on the jury system and an adversarial relationship between defense and prosecution. France, meanwhile, bases its law on the Napoleonic code, which offers suspects much more privacy, rarely involves a jury and puts an investigating magistrate in charge of collecting evidence for both the defense and prosecution. In the United States, an organized effort to protect rape victims got its start as part of the broader feminist movement in the 1970s and 1980s. It was spurred by concerns among women's rights advocates about systemic underreporting of rape, and how rape victims were treated by the police, the government and the press. The federal government responded by directing funding to rape-crisis hot lines and expanding the development of domestic-violence shelters. A variety of state and federal rape shield laws, which limited the introduction into court of information about a victim's prior sex life, were introduced. "What you saw was both legal change and social change around rape law and you saw an increased sensitivity in terms of how prosecutors and police deal with allegations of rape," said Michelle Anderson, dean of CUNY Law School in Queens, New York. Privacy laws that prohibited government employees, such as police and prosecutors, from releasing the identities of rape victims, were also introduced. The same groups that advocated for rape victims helped persuade the press to adopt policies that kept rape victims' names a secret. The agreements, however, are a courtesy, not enforceable by law, because of the First Amendment right to free speech. That means the silence does not always last for long, especially if high-profile defendants are involved. In those cases, the victims are sometimes identified, first in the tabloid press, and then in the general media. Depending on the outlet, the victim can be portrayed in a negative light.
In France, the treatment of rape victims has followed a different path. After the feminist movement of the 1960s, public concern about sexual violence receded until about 10 years ago. That coincided with an increase in crimes against young women in some of the poorer areas in France, according to Christophe Regnard, president of France's largest union of magistrates, which includes judges and prosecutors. The development spurred an anti-rape government campaign that dispersed information, created crisis telephone lines and domestic-violence shelters, he said, similar to what exists in the United States. It also led to a government law that prohibited prosecutors and judges from releasing information about the victim to the press. But that law is infrequently enforced because information tends to leak out, and it is difficult to identify the source. The facts that do make it into the media tend to be simple, such as the accuser's name, age and nationality, Regnard said. Sometimes photographs are also published. French reports typically shy away from salacious or accusatory details about the victim because the victims have much stronger legal protections than the press does. Often the victim will speak to the press herself. In the Strauss-Kahn case, a few other factors have come into play. With events unfolding on American rather than French soil, it has been easier for the French media to not identify with the maid, said Antoine Garapon, director of the Institute for the Study of Justice, in Paris. Also, in part because the two justice systems are so different, some French citizens believe that Strauss-Kahn is being treated unfairly in the United States. Soon after his arrest, many newspaper editorials expressed outrage that the former International Monetary Fund chief was subjected to a perp walk in handcuffs -- something that is illegal in France -- and Strauss-Kahn, considered a likely presidential candidate before this case erupted, continues to be viewed positively by the French. While his popularity ratings have fallen, they hover above those of Sarkozy.
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China factories in credit squeeze
China's manufacturers are starting to feel the effects of the government's policy to reduce credit-fuelled growth in the country.
China to issue harsher penalties, including death, for food safety violations
China's SPC - Supreme People's Court issued a directive Friday instituting new harsher penalties under the criminal law for violations of food safety crimes. The penalties raise the prison sentences and eliminate the caps on fines and raises penalties for public officials found to have protected violators or taken bribes from them. The penalties for violators may even include the death penalty if the violation results in the someone's death. The SPC said that food safety incidents are endangering many lives. One major problem is using melamine as a milk additive to raise protein levels. In 2008 thousands of infants were diagnosed with kidney stones after being fed milk powder with melamine. The contaminated milk is believed to have caused the deaths of at least six infants along with sickening about 300,000 others. There have also been problems with the recycling of old, moldy buns by steaming them and adding chemicals to make them seem fresh.
China millionaires jump past one million
More than 1 million millionaires live in China. Their ranks swollen last year by economic growth, savings and a strengthening currency
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Minería
El sindicato de los trabajadores de la mina de mineral de hierro Casa da Pedra, que opera la brasileña CSN - Companhia Siderúrgica Nacional, decretó una paralización en reclamo de un aumento de salarios de 15% y una mayor participación en CSN. La empresa ofreció en contrapartida un incremento de 7,8% y reajustes en los beneficios, pero los 2.300 trabajadores de la mina rechazaron la propuesta. CSN es la primera productora integrada de acero plano de Brasil y es la única productora de hojalata del país sudamericano y una de las cinco mayores del mundo.
Asensores
La coreana Hyundai construirá su primera planta de construcción de elevadores en el estado brasileño de Rio Grande do Sul. El presidente de la compañía, Hyun Jeong-Eun, y el gobernador de Rio Grande do Sul, Tarso Genro, firmaron un protocolo de entendimiento para la instalación de la nave industrial, que generará entre 5 mil y 15 mil puestos de trabajo. La fábrica iniciaría operaciones en 2012. El Grupo Hyundai es el segundo conglomerado de empresas de Corea.
TV
La Secretaría de Comunicaciones y Transportes de México resolvió denegar las solicitudes de las telefónicas Telmex y su filial Telnor para prestar servicios pagos de televisión y audio "al determinar que no se reúnen los requisitos previstos en el marco normativo, en particular en el Acuerdo de Convergencia publicado en el Diario Oficial de la Federación en octubre de 2006". El organismo dijo que se basó en "las constancias que integran los expedientes respectivos, y en cumplimiento a lo ordenado por el Juez Sexto de Distrito en materia administrativa del Distrito Federal".
Mladic awaits war crimes trial in The Hague
Former Bosnian Serb military commander Ratko Mladic has spent his first night in UN custody in the Netherlands, awaiting trial on genocide charges. He was flown to The Hague on Tuesday after a Serbian court rejected an appeal against his extradition. Mladic has said he does not recognize the authority of the UN tribunal. When he takes the stand, he will be asked to formally confirm his identity and enter a plea to each of the charges against him. The former military commander could decline to plead at his first appearance, instead opting to delay a formal response by up to a month.
New charges for 9/11 suspects held at Guantanamo
US military prosecutors have filed new charges against self-described 9/11 mastermind Khalid Sheikh Mohammed and four alleged co-conspirators, held at Guantanamo Bay. The charges of murder and conspiracy could result in the death penalty. Five defendants had previously been charged at Guantanamo over the attacks. But the charges were set aside as the Obama administration tried to move the trial into US civilian courts; a move which was reversed in April. The new charges are similar to those laid under president Bush's administration.
Syria: Bashar al-Assad 'grants general amnesty'
Syrian president Bashar al-Assad has issued a decree granting a general amnesty covering all political movements, including the outlawed Muslim Brotherhood. Opposition figures were quick to dismiss the move as largely cosmetic. Hillary Clinton said Assad's position was becoming"less tenable" by the day."The demands of the Syrian people for change only grow stronger," she said, adding that Assad had "not engaged seriously in any kind of reform efforts".
House bill cuts U.S. farm aid, payment to Brazil
The Appropriations Committee voted to make cotton growers effectively pay for the $147m a year U.S. payment to Brazil, the victor in a trade dispute over American cotton supports. "It's a great sign Congress is ready to end these subsidies," said Jeff Flake, Arizona Republican and sponsor of the cuts. They were adopted by voice vote. Only one dissenting vote was heard on the vote for a lower eligibility cap. Brazil won a World Trade Organization ruling that U.S. subsidies distorted global production. Lawmakers are expected to revise cotton supports in a 2012 overhaul of farm policy.
Google uses new tool to track dengue fever hubs
Google is using search patterns about dengue fever in an attempt to help health officials prepare for outbreaks. It hopes to develop an early-warning system by monitoring dengue-related search terms by users in Bolivia, Brazil, India, Indonesia and Singapore. Google said that its results are collected in real-time, whereas official data can take weeks to be analyzed. In 2009, Google used a similar approach to track the spread of flu.
Voters turn on Berlusconi
Berlusconi is the big loser in the local elections in Italy, as he loses control of Milan and Naples. The run-off polls are seen as a key test of Berlusconi's popularity, as he faces multiple corruption trials and sex scandals.
Colombian state held liable over rebel attack on base
A Columbian court ordered state to pay compensation to three soldiers injured in a 1996 rebel attack on a military base, after being found to be negligence.
US House rejects debt limit bill
Republicans in the US House of Representatives reject a bill to raise the US debt limit, in what analysts say is a bid to force government spending cuts. Democrats called the 97-318 vote against the $2.4tn increase a "political charade."
ECHR finds Khodorkovsky conviction not political, but detention violated rights
The ECHR - European Court of Human Rights on Tuesday found that former Russian oil executive Mikhail Khodorkovsky did not prove his conviction for tax evasion and fraud were politically motivated but that his detention violated human rights standards.
Supreme Court rules in patent infringement case
The US Supreme Court ruled 8-1 Tuesday in Global-Tech Appliances, Inc. v. SEB, SA that induced patent infringement requires knowledge that the induced acts constitute patent infringement. Under 35 USC § 271(b), a patent owner may bring suit against an individual "who actively induces infringement of a patent." The petitioners stood accused of inducing infringement of a patented deep fryer produced by SEB. The trial court allowed the issue to go to the jury, denying petitioners' motion to dismiss at the conclusion of the presentation of evidence, even though petitioners had no knowledge of SEB's patent. The US Court of Appeals for the Federal Circuit affirmed, using the "deliberate indifference to a known risk" standard. In a majority opinion by justice Samuel Alito, the court rejected the "deliberate indifference" standard.
Investors' hunger for foreign tech stocks overrides risk
The danger of investing in Internet companies in emerging markets is not only that these companies may be part of a bubble, but that they have risks particular to foreign companies.
Samsung asks court for next-gen iPhone and iPad
Samsung Electronics has asked a U.S. court to force Apple Inc to hand over its next generation models of the iPhone and iPad in the latest volley in a series of patent infringement suits between the two technology companies.
Maid's new lawyers: good or bad for the prosecution?
Prosecutors in the sex-crime case against Dominique Strauss-Kahn could not have been pleased when their key witness bolstered her legal team with prominent attorneys and positioned for a possible civil lawsuit.
Killing adult protesters not enough, Assad now torturing and murdering children
Al Arabiya, Online news, Dubai, United Arab Emirates
Serbia extradites Ratko Mladic
Al Jazeera, Doha, Qatar
No European cucumbers in Saudi market: official
Arab News, Pro-government, Jidda, Saudi Arabia
Egypt's Mubarak unfit for prison move: prosecutor
Asharq Al-Awsat, Pan-Arab daily, London, England
Palestinians to march on Israel borders Sunday: Fatah
Egyptian Gazette, English-language, Cairo, Egypt
Iran minister accused of planning Argentina Jewish center bombing told to leave Bolivia
Haaretz, Liberal daily, Tel Aviv, Israel
Bahrain lifts martial law on a skeptical public
JPost, Conservative, Jerusalem, Israel
Soldiers disperse protest in north Gaza
Ma'an News Agency, Bethlehem, Palestinian Territories
Heavy shelling to restore city from Al Qaeda in south Yemen
Yemen Observer, Sana'a, Republic of Yemen
Arrests after hospital abuse film
BBC News, Centrist newscaster, London, England
Tsunami threat 'underestimated'
BreakingNews.ie, Online news portal, Cork, Ireland
Endeavour completes final mission; NASA has one left
CNN International, London, England
Syria prison amnesty offer rejected
Daily Express, Conservative tabloid, London, England
Stressed-out British adults spend 36 minutes a day in despair
Daily Mail, Conservative daily, London, England
WHO warns of 'possible' cancer link to cellphones
EuroNews, International news, Ecully Cedex, France
JAPAN: IAEA: Japan underestimated nuclear plant tsunami risk
France 24, Issy-les-Moulineaux, France
Libyan regime stands firm as shortages begin to bite
Independent The, London, England
Manufacturing slows in May
Irish Times The, Centrist daily, Dublin, Ireland
Khodorkovsky case 'not politically motivated'
Moscow News The, Independent, Moscow, Russia
Mladic, war crimes and the West: unasked questions
Spiked, (Alternative Internet Magazine), London, England
Aussie senator meows at minister
New Zealand Herald, Conservative daily, Auckland, New Zealand
Nepal’s royal massacre still a mystery 10 years on
News The, Left-wing, Karachi, Pakistan
Paktia governor survives blast
Pajhwok Afghan News, (Independent news agency), Kabul, Afghanistan
Mladic extradited to face war crimes charges
People's Daily Online, English-language, Beijing, China
Republican lawmakers to meet Obama on borrowing
Sify News, Chennai, India
NZ prisoners given carrots to quit smoking: Report
Straits Times, Pro-government, Singapore
Afghanistan: Afghan president seeks to limit NATO airstrikes
Taiwan News, English-language daily, Taipei, Taiwan
Toyota recalls 105,784 Prius cars to fix gearbox, steering
The Economic Times, Business, Mumbai, India
Japan underestimated tsunami threat: IAEA
Times of India, Conservative, New Delhi, India
EU trade pact brings both setbacks and opportunities
Caribbean360, Online news portal, St. Michael, Barbados
Government says higher light bill is to force Dominicans to save
Dominican Today, Independent daily, Santo Domingo, Dominican Republic
Space shuttle Endeavour returns to Earth from last mission
Globe and Mail The, Centrist daily, Toronto, Canada
Shuttle Endeavour lands after its final flight
Reuters, World News, New York, U.S
WikiLeaks reveals Liberals airing dirty laundry
Toronto Star, Toronto, Ontario
Mladic jailed in The Hague
iafrica, Online news portal, Cape Town, South Africa
YEMEN: Civilians flee violence in the south
Irin News, Humanitarian news and analysis, Nairobi, Kenya
South Sudan launches electronic public finance management
Sudan Tribune, Khartoum, Sudan
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