text:
Responses to the Government's Defense of National Security Agency Warrantless Wiretaps
This page is a work in progress, which we will update periodically as new myths are promulgated and as additional information regarding the warrantless searches becomes available. We invite you to bring new information to our attention by emailing us at email@example.com.
Click on a Bush administration myth below for relevant facts and arguments:
- Myth #1: It's lawful
- Myth #2: FISA wouldn't allow us to wiretap an Al Qaeda member calling someone in the U.S.
- Myth #3: NSA is following the Constitution with respect to the Fourth Amendment.
- Myth #4: We've informed Congress.
- Myth #5. There's plenty of oversight.
- Myth #6: Congress authorized it.
- Myth #7: The Supreme Court approves.
- Myth #8: This power derives from the Constitution.
- Myth #9: There's historical precedent.
- Myth #10: We need to do this to fight terror.
- Myth #11: Had we done this before September 11th, the attacks could have been prevented.
- Myth #12: It's a limited program.
- Myth #13: Going through FISA takes too much time.
Myth #1: It's lawful.
Reality Check:
Title 18, Part I, Chapter 119, Section 2511: "The Foreign Intelligence Surveillance Act of 1978 [FISA] shall be the exclusive means by which electronic surveillance, as defined in section 101 of such Act, and the interception of domestic wire, oral, and electronic communications may be conducted."
Subchapter I, Section 1809: "A person is guilty of an offense if he intentionally (1) engages in electronic surveillance under color of law except as authorized by statute; or (2) discloses or uses information obtained under color of law by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by statute.... An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both."
The Details:
FISA was passed in 1978 in response to the Nixon Administration's warrantless surveillance of antiwar groups and other political opponents. It was enacted to outlaw abuse of the Fourth Amendment rights of Americans in times of war as well as times of peace. It forbade the federal government from spying on Americans by reading their mail (and now their e-mail as well) or listening to their phone conversations without obtaining a warrant from the FISA court established by Congress. It also established criminal penalties for failure to comply with FISA. The Foreign Intelligence Surveillance Court (FISC) has approved tens of thousands of warrants over the years and has rejected only a handful.
Myth #2: FISA wouldn't allow us to wiretap an Al Qaeda member calling someone in the U.S.
"If [an Al Qaeda link or affiliate is] making a phone call in the United States, it seems like to me we want to know why." President Bush at Kansas State University January 23, 2006.
Reality Check:
FISA would not prevent such a wiretap. It does not apply at all to wiretaps targeted at foreign nationals abroad, even if the foreign national calls a non-U.S. person in the U.S. FISA applies only when the surveillance targets a citizen or permanent resident of the U.S., or when the surveillance is obtained from a wiretap physically located within the U.S. Even when the FISA law applies, the government need not wait for FISA approval to begin the wiretap. It may wiretap the target for up to 72 hours before obtaining approval of a FISA judge, based on a showing of probable cause that the target is an agent of a foreign power, a member of a terrorist organization or a "lone wolf" terrorist.
Myth #3: NSA is following the Constitution with respect to the Fourth Amendment.
"If there's any amendment to the Constitution that employees of the National Security Agency are familiar with, it's the Fourth." General Michael V. Hayden at the National Press Club January 23, 2006.
Reality Check:
In the Q&A following his speech, Hayden argued with Knight Ridder reporter Jonathan Landay about the Fourth Amendment constitutional standard, which Hayden claimed did not mention "probable cause."
The Fourth Amendment clearly states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" [italics added]
The Details:
Hayden was incorrect when he insisted that the Fourth Amendment did not reference probable cause. But to be clear, in order to conform to FISA, the agent applying for the wiretap warrant must certify only that he or she has probable cause to believe that the wiretap target is an agent of a foreign power or a member of a terrorist organization. rather than the traditional Fourth Amendment probable cause standard that the target has been involved in a crime or intends to commit a crime.
A few days after it was revealed that the Bush Administration ignored the FISA Court and conducted NSA spying without court approval, Judge James Robertson resigned from the FISA Court because he did not want the FISA process to be compromised.
In 2002, Senator Mike DeWine (R-Ohio) proposed a Senate bill that would have lowered the standard of proof for obtaining FISA warrants for surveillance of non-U.S. citizens from "probable cause" that the person was connected with terrorism or spying to a "reasonable suspicion." The Bush administration rejected the lower standard, nominally because it was likely unconstitutional, but more probably (as we now know from the comments of Gen. Michael Hayden and others) because it had already de facto lowered the standard it was using for the NSA program to a "reasonable belief" instead of probable cause.
Myth #4: We've informed Congress.
"If I wanted to break the law, why was I briefing Congress?" President Bush at Kansas State University January 23, 2006.
Reality Check:
Key Republicans in Congress don't agree that they were properly briefed. For example, on Sunday, July 9, 2006, House Intelligence Committee Chairman Peter Hoekstra (R-Mich.) said that the White House possibly broke the law by keeping intelligence activities a secret from the lawmakers responsible for overseeing them. Rep. Hoekstra said he was infomed about the programs by whistleblowers in the intelligence community and then asked the Bush administration, using code names. Only then were the other members of the House and Senate intelligence committees briefed on the programs.
On Fox News Sunday, Hoekstra said, "We can't be briefed on every little thing that they are doing. But in this case, there was at least one major–what I consider significant activity that we had not been briefed on. I want to set the standard that it is not optional for this president or any president or people in the executive community not to keep the intelligence committees fully informed of what they are doing." (Read July 10, 2006, story in Washington Post.)
The Details:
As noted in a January 18, 2006, memo by the nonpartisan Congressional Research Service, titled Statutory Procedures Under Which Congress Is To Be Informed of U.S. Intelligence Activities, Including Covert Actions (PDF), President Bush was obligated to fully inform the House and Senate Select Committees on Intelligence. Instead, through Vice President Cheney, he informed only a handful of Committee leaders.
On December 19, 2005, Senator Rockefeller released a handwritten letter he wrote to Vice President Cheney, dated July 17, 2003 in which he objected to the fact that he is not a lawyer and was not allowed to inform anyone else or even consult his own attorney to gain clarity about whether the NSA wiretapping was legal or illegal.
Note the implications for Democracy and see this for what it is: a frontal assault on the people, their representatives in Congress, and the rule of law.
Myth #5: There's plenty of oversight.
According to President Bush, all sorts of government lawyers have approved this.
Reality Check:
To guard against tyranny, our founding fathers created a tripartite government—an Executive Branch, a Judiciary Branch, and a Legislative Branch—not a government of an Executive Branch and its own cadre of lawyers! Lawyers working for the Executive Branch have a tendency to defend the policies and actions of that branch. Unlike members of Congress, they are not accountable to the people to ensure that their rights and liberties are upheld.
In 1972, the Supreme Court rejected arguments quite similar to those the administration is now making to defend warrantless surveillance in the interests of national security solely upon the discretion of the executive branch. In the case of United States v. U.S. District Court (before FISA), it ruled that domestic surveillance could not take place without judicial review and a warrant. Although the case was silent on the issue of surveilling foreign powers and their agents, the Court examined the limits on the President's power, acting through the Attorney General, to authorize electronic surveillance in internal security matters without prior judicial approval. Justice Lewis Powell, writing for the majority, stated, "These Fourth Amendment freedoms cannot properly be guaranteed if domestic security surveillances may be conducted solely within the discretion of the Executive".
The Details:
In 2003 the program was temporarily suspended after then Deputy Attorney General James Comey protested. After being denied by the Justice Department, then White House Attorney Gonzales visited then Attorney General Ashcroft in the hospital. According to Newsweek, the program was quickly reauthorized after some additional steps merely within the executive branch were added.
The Foreign Intelligence Surveillance Act (FISA) was made law by Congress in 1978. U.S. Code Title 18, Part I, Chapter 119, Section 2511 (f) clearly states that "…the Foreign Intelligence Surveillance Act of 1978 shall be the exclusive means by which electronic surveillance, as defined in section 101 of such Act, and the interception of domestic wire, oral, and electronic communications may be conducted."
Myth #6: Congress authorized it.
Congress by statute has confirmed and supplemented the President's recognized authority under Article II of the Constitution to conduct such warrantless surveillance to prevent further catastrophic attacks on the homeland.
Source: U.S. Department of Justice memorandum of January 19, 2006, Legal Authorities Supporting the Activities of the National Security Agency Described by the President (PDF)
Reality Check:
Public Law 107-40, the Authorization to Use Military Force (AUMF) does not address domestic surveillance. It authorizes the President to use "all necessary and appropriate force against those nations, organizations or persons he determines planned, authorized, committed, or aided the terrorist acts that occurred on September 11, 2001…"
The AUMF says nothing whatsoever about wiretapping in the U.S. during wartime, while the FISA expressly addresses the subject, limiting authorization for warrantless surveillance to the first 15 days after war has been declared.
The Details:
Did the administration conveniently forget language authorizing force "in the United States" was dropped from the authorization that the Bush administration asked them to pass? Former Senator Tom Daschle was Senate majority leader at the time of the AUMF, and wrote in a Washington Post article on December 25, 2005 that
[l]iterally minutes before the Senate cast its vote, the administration sought to add the words 'in the United States and' after 'appropriate force' in the agreed-upon text. This last-minute change would have given the president broad authority to exercise expansive powers not just overseas – where we all understood he wanted authority to act – but right here in the United States, potentially against American citizens. I could see no justification for Congress to accede to this extraordinary request for additional authority. I refused.
The Congressional Research Service interpreted the AUMF as follows:
The fact that Congress amended FISA subsequent to September 11, 2001, in order to maximize its effectiveness against the terrorist threat further bolsters the notion that FISA is intended to remain fully applicable. To conclude otherwise would appear to require an assumption that Congress intended the AUMF to authorize the President to conduct electronic surveillance, even against American citizens not involved in combat, under fewer restrictions than would apply during a declared war, notwithstanding FISA provisions strengthened to take such circumstances into account.
Source: Congressional Research Service, Presidential Authority to Conduct Warrantless Electronic Surveillance to Gather Foreign Intelligence Information, January 5, 2006, p. 37.
It is hard to find any ambiguity in the AUMF or FISA's clear exclusivity language that would justify the administration's preferred, imaginative but incredible reading.
Myth #7: The Supreme Court approves.
The Supreme Court approves domestic surveillance, based on its decision in Hamdi v. Rumsfeld that the Authorization to Use Military Force (AUMF) passed by Congress in the wake of Sept. 11th included the power to detain enemy combatants captured on the battlefield.
Reality Check:
In looking at the AUMF authorization, a plurality of the Supreme Court agreed only that
individuals who fought against the United States in Afghanistan as part of the Taliban, an organization known to have supported the Al Qaeda terrorist network responsible for those attacks, are individuals Congress sought to target when it passed the AUMF. We conclude that detention of individuals falling into the limited category we are considering, for the duration of the particular conflict in which they were captured, is so fundamental and accepted an incident to war as to be an exercise of the 'necessary and appropriate force' Congress has authorized the President to use.
The Details:
It is strange to use the Hamdi case, which the administration lost, to justify the president's end run around the FISA court and the Fourth Amendment. In striking down the Bush administration's assumed power to deny U.S. citizen enemy combatant Yasser Esam Hamdi access to a court, Supreme Court Justice Sandra Day O'Connor stated, "A state of war is not a blank check for the President." A plurality of the Supreme Court agreed that under the AUMF, the President could name U.S. citizens captured on the battlefield in Afghanistan enemy combatants. However, surveillance is not the same thing as detention, battlefield operations abroad are not the same as domestic surveillance within the United States where the Fourth Amendment applies in full force, and in Hamdi it's notable that the Court did not agree that the authorization superceded basic rights to due process. The Supreme Court most certainly did not permit wiretapping within the United States without complying with FISA's expressly exclusive means.
In fact, the Supreme Court has never upheld warrantless wiretapping within the United States, for any purpose. In the landmark ruling of Katz v. United States (1967), the Supreme Court held that the Fourth Amendment applied to telephone calls, and that probable cause and a warrant are required before electronic surveillance of such communications may be conducted. And in a previously cited decision (United States v. United States District Court, 1972), the Supreme Court specifically rejected the argument that domestic security concerns justify warrantless wiretapping.
Myth #8: This power derives from the Constitution.
The NSA activities are supported by the President's ... constitutional authority as Commander in Chief ... to conduct warrantless surveillance of enemy forces for intelligence purposes to detect and disrupt armed attacks on the United States. The President has the chief responsibility under the Constitution to protect America from attack, and the Constitution gives the President the authority necessary to fulfill that solemn responsibility.
Source: U.S. Department of Justice memorandum of January 19, 2006, Legal Authorities Supporting the Activities of the National Security Agency Described by the President (PDF)
Reality Check:
As the February 2, 2006, letter to members of Congress from a preeminent group of legal scholars states, "The Commander in Chief role does not authorize him to override express criminal prohibitions on domestic electronic surveillance." To argue, as the Administration does, that the President has exclusive constitutionality of "the means and methods of engaging the enemy," and that any conduct with relevance to this "engaging of the enemy" is immune from congressional regulation is not supported by any precedent of the Supreme Court. Nor is it consistent with the overall constitutional structure:
- Congress has the explicit power "To make Rules for the Government and Regulation of the land and naval Forces" (U.S. Constitution, article I, section 8, clause 14).
- And Congress has the explicit power to "make all Laws which shall be necessary and proper for carrying into Execution ... all ... Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof" (U.S. Constitution, Article I, Section 18). Congress passed FISA to regulate domestic surveillance.
- The President has the explicit constitutional obligation to "take Care that the Laws be faithfully executed" (U.S. Constitution, article II, section 3).
The Details:
No one has questioned the President's power to gather foreign intelligence information abroad, such as on the battlefield or by targeting foreign spies or terrorists. However, surveillance in the United States, where the Constitution applies in full force, is subject to additional checks and balances protecting individual rights. As stated above in "The Details" on Myth #7, the Supreme Court in Katz v. United States held that the Fourth Amendment applies to telephone calls and that probable cause and a warrant are required before electronic surveillance of such communications may be conducted. Following that ruling, Congress passed FISA to address the Nixon administration's abuses of warrantless surveillance and established it as the exclusive means by which electronic surveillance can be conducted which provides for the obtaining of a warrant from the FISA court.
The Supreme Court has addressed the issue of executive action contrary to congressional statute during wartime only a few times, and each time it has required the President to adhere to legislative limitations on his authority--Youngstown Sheet and Tube, 343 U.S. 597 (1952); Little v. Barreme, 6 U.S. 170 (1948)
More recently the Supreme Court has rejected a similar assertion of wartime authority in Rasul v. Bush, 542 U.S. 466 (2004). The Bush administration argued that it would be unconstitutional to interpret a statute to infringe upon the President's powers as Commander in Chief. According to the February 2, 2006, letter of the legal scholars to members of Congress, the Administration Brief "argued that construing the habeas corpus statute to encompass actions filed on behalf of Guantánamo detainees 'would directly interfere with the Executive's conduct of the military campaign against Al Qaeda and its supporters' and would raise 'grave constitutional problems'." The Court did not accept this argument and held that Congress had conferred habeas jurisdiction on the federal courts to entertain the detainees' habeas action. Congress has enacted a number of statutes regulating the Commander-in-Chief's "means and methods of engaging the enemy." It has subjected the Armed Forces to the Uniform Code of Military Justice, and more recently enacted statutes prohibiting torture under all circumstances, 18 U.S.C. 2340-2340A, and prohibiting the use of cruel, inhuman and degrading treatment.
Myth #9: There's historical precedent.
The administration references a "long tradition of wartime enemy surveillance" authorized by presidents, including George Washington, Woodrow Wilson, and Franklin Delano Roosevelt.
Reality Check:
Although the administration's examples except George Washington are correct, they are irrelevant because they predate Congress's enactment of FISA in 1978 as "the exclusive means by which electronic surveillance ... and the interception of domestic wire, oral, and electronic communications may be conducted." The enumeration of presidents conveniently excludes President Nixon, whose surveillance of antiwar groups and political opponents inspired the enactment of FISA.
Furthermore, George Washington does not belong on the list, because when he authorized wartime enemy surveillance in 1775, during the Revolution War, he was a General, not a President, and his surveillance authorization pre-dated not only FISA but the existence of the United States and its Constitution and Bill of Rights.
The truth is that this president's extreme claims of executive power – to torture, to kidnap and detain indefinitely without charge, to ignore explicit Congressional laws--are actually unprecedented in degree in U.S. history, and fly in the face of this nation's founding principles of revolution against arbitrary imperial power.
Myth #10: We need to do this to fight terror.
In President Bush's State of the Union address on January 31, he stated emphatically, "We will not ... wait to be hit again," implying a cause and effect relationship between his administration adhering to the Constitution and Al Qaeda attacking us. President Bush cynically invokes 9/11 to justify extraordinary and apparently illegal usurpations of executive power – and attempts to reframe the issue by euphemistically referring to this domestic spying program as a "terrorist surveillance program" that has saved lives.
Reality Check:
Even if the administration's claim that this program truly focuses only on terrorists, that is no excuse for evading the law and the clear requirement that warrants be obtained. The administration's claim that the program is limited contradict the carefully researched and reported stories on this program, such as Homeland Security chief Chertoff's admission that thousands of calls have been monitored, and FBI officials' complaints about having to check "thousands" of useless leads, thereby diverting FBI resources. There cannot be definitive proof so long as the program is kept completely secret. Merely stating a lofty purpose does not excuse a president from his duty to the Constitution and to obey the laws enacted by the Congress. The only plot in the United States that the administration has claimed was stopped was the ridiculous plot of Iyman Faris to destroy the Brooklyn Bridge using a blowtorch – a plot that they previously said was stopped using the Patriot Act.
The administration's record of deception and its proven record of maintaining thousands of pages of files on organizations like the ACLU, Greenpeace, and other nonviolent organizations; its harassment and monitoring of innocent Muslims, mosques, anti-war protesters, and political dissidents; its issuance of tens of thousands of national security letters to businesses, libraries, hospitals and other organizations insisting that they divulge private information regarding their customers; its collaboration with airlines, telecommunication, and information technology companies to again reveal private consumer information; its use of the Pentagon to spy on peaceful religious groups like the Quakers and the Catholic Workers; all give the lie to the assertion that the administration is focused only on "terrorists."
Myth #11: Had we done this before September 11th, the attacks could have been prevented.
Vice President Cheney has stated that the program has saved thousands of lives. General Michael V. Hayden and other members of the Bush administration have suggested that the program could have prevented the September 11th attacks.
Reality Check:
The same officials who said at the time that no one could have foreseen the attacks, now say that they could have been prevented. The government agencies did not miss the 9/11 plot because it may take a few hours to get a warrant to wiretap phone calls or read e-mail messages. This is a cynical use of 9/11 to produce the kind of fear that makes people lose sight of the importance of their civil liberties.
We now know from the 9/11 Commissioners and other sources that the attacks were both foreseen in many ways (including in the August Presidential Daily Briefing) and preventable. What were needed to prevent them were competent human actions, not expanded powers that infringe civil liberties.
Myth #12: It's a limited program.
Said Gonzales, "It is an early-warning system with only one purpose: to detect and prevent the next attack on the United States."
Reality Check:
Current law provides a 72-hour window of opportunity for wiretapping before the government must obtain a secret FISA court order to continue the wiretapping.
The Details:
The NSA program is actually limitless, because the executive branch has withheld oversight from all but a few in its own clandestine clique.
Myth #13: Going through FISA takes too much time.
Reality Check:
As David Cole has said, "[Attorney General Gonzales] is free to go and ask Congress to change the law. He is not free, as he did here, to order executive branch officials to violate that law."
The Details:
According to Attorney General Gonzales, FISA's 72-hour warrantless wiretapping window, within which the government must apply for a warrant is not long enough. Intelligence officers "would have to get the sign-off of lawyers at the NSA that all provisions of FISA have been satisfied, then lawyers in the Department of Justice would have to be similarly satisfied, and finally as attorney general I would have to be satisfied that the search meets the requirements of FISA. And then we would have to be prepared to follow up with a full FISA application within the 72 hours."
While this self-justifying explanation overstates the bureaucratic requirements, the truth is that FISA judges can and have acted quickly (meeting on occasion in the middle of the night or early morning and issuing warrants within hours or minutes); more importantly, the law is clear that the government has up to three days (or fifteen days after a declaration of war) to obtain the warrants.
What Gonzales seems to really be saying here, is that in a number of cases where they would like to engage in domestic spying, they don't have sufficient factual grounds of the sort that would satisfy even the FISA court – which has declined less than a handful of the nearly 20,000 warrants it has been asked to approve. This implicit admission should be of concern to all Americans.
Other Resources
Domestic Surveillance: National Security
Agency Warrantless Wiretapping
At-a-glance FISA wiretapping warrant process
Current Threats: Privacy/Freedom from Unreasonable Searches and Seizures


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text:
AUSTIN, Texas -- Now some fools want to fire Treasury
Paul O'Neill, the only straight-shooter in the Cabinet. Tell you
what I like
about O'Neill: He's from Widget World. This Cabinet is
corporate America, but most of them -- including the president --
are from
Enron Economics, whereas O'Neill was CEO of a business that makes
useful, to wit, aluminum.
As many economic poohbahs have been at pains to
explain to us
lately, out there in Widget World, where people produce actual
goods and
provide useful services, things are going along quite nicely.
It's the financial sector that's the disaster, the
part where
they play fancy games with other people's money for a living.
That's Enron
Economics, the land of stock options, commodities futures,
swaps, financializing markets and offshore partnerships.
Before we get back to our ongoing project of
connecting the
consarn, dag-rabbiting dots between corporate theft and
corruption, let's see if we can stop Congress from actually
making things
worse. Good project, eh?
Members of the House and Senate are now meeting in
committee over their respective energy bills, and it's a
challenge to figure
out whose is worse.
The House bill repeals a key consumer protection law,
the Public
Utility Holding Act. Public Citizen, the consumer research
outfit, says
repeal will "further deregulate the energy industry and allow
Enron-like manipulations. Enacted decades ago to protect consumer
rapacious electric companies, the Holding Act is one of the few
federal laws regulating the nation's giant power companies.
Repealing the
law will allow those companies to embark on another frenzy of
mergers and
acquisitions, and encourage corporate financial escapades in
risky ventures that have nothing to do with providing reliable
affordable electricity service to consumers -- an essential
In fact, that's just what the Holding Act does --
utility companies from investing the rate-payers' money in areas
that will
not directly contribute to low bills and reliable service. If
this law goes,
derivatives market, here they come.
Also of note in the almost-equally disgusting Senate
bill is a
plan to provide federal insurance for the nuclear industry, which
is so
risky it cannot get insurance in the private market, so now it
wants the
taxpayers to subsidize its future Three Mile Islands.
And now, back to some older dots. The 1995 Private
Litigation Reform Act is a little gem you should not miss. So
easy to
overlook, yet so damaging. The bill was passed by the Republican
over Bill Clinton's veto, which means Republicans really don't
like to be
reminded of it. But as far as I'm concerned, Democrats are only
less bad than Republicans on these critical issues. If the choice
is between
some ideological pinhead like Tom DeLay -- The Wall Street
Journal once
asked DeLay if there was any regulation on the books he favored
and he replied, "I can't think of one" -- and Sen. Joe
Lieberman, who has
totally sold out to the accounting industry, what's to choose?
Anyway, the "Litigation Reform Act" (beware anything
with tort
"reform" in the title) among other things made it harder to sue
and accountants, lawsuits the corporate world invariably
describes as
"frivolous." This is the bill that made accounting firms
"sue-proof" for
aiding and abetting securities fraud. The bill also made it legal
for CEOs
to pipe up and lie about their company's prospects. Until then,
had to avoid all "forward-looking" public statements about future
Contrast that with Jeffery Skillings of Enron bullying and
snookering stock
analysts right up to the end.
In the real world, there are only two ways to deal
corporate misbehavior: One is through government regulation and
the other is
by taking them to court. What has happened over 20 years of
proselytizing is that we have dangerously weakened both forms of
first through the craze for "deregulation" and second through
endless rounds
of "tort reform," all of which have the effect of cutting off
access to the courts. By legally bribing politicians with
contributions, the corporations have bought themselves immunity
lawsuits on many levels.
For years, corporations have conducted a campaign
designed to
convince people that trial lawyers are the scum of the earth.
Personally, I
find trial lawyers as a group to be warm, cuddly and cute as
little bugs.
But if you wanted to think of them as tigers or sharks, go right
ahead. The
idea is to have them patrolling corporate behavior, so that
whenever a
corporation sticks a hand over the legal limit, along comes a
tiger and
bites it off by suing them for lots of money.
You can imagine what an improving effect this has on
behavior. Except "tort reform" has made the tigers an endangered
species. We
need a new wildlife crusade, "Save the Trial Lawyers."
To find out more about Molly Ivins and read features
by other
Creators Syndicate writers and cartoonists, visit the Creators
Syndicate web
page at www.creators.com.


text:
PULLMAN – Australian Dexter Kernich-Drew signed a Financial Aid Agreement with Washington State University on Monday. He will join the men's basketball team beginning with the 2010-11 season.
"We are excited about the addition of Dexter to our program," WSU head coach Ken Bone said. "Along with the other signees, Dexter is a high character individual that is joining us this coming fall. He's a very skilled wing at this time and has a chance to really improve over the next few years as his body continues to develop."
A 6-foot-6 , 180-pound guard, Kernich-Drew (pronounced Ker-nick) was the 2009 Men's Youth 1 League Player of the Year as a member of the Waverly Eagles of Big V Basketball (formerly the Victorian Basketball League). He averaged 23.3 points, 7.3 rebounds and 3.2 assists per game in 15 contests during the 2009 season.
"It's been a dream of mine to play elite level college basketball since I was a little kid and now my dream's becoming a reality," Kernich-Drew said. "I'm just embracing it and taking it full head on. This is a great opportunity for me and I'm looking forward to playing basketball at Washington State."
Kernich-Drew joins an incoming class that includes freshmen Patrick Simon (6-8, 205, F, Ephrata, Wash./Ephrata HS) and Andre Winston, Jr. (6-1, 160, G, Lakewood, Wash./Lakes HS) and junior college transfer Faisal Aden (6-4, 185, G, San Diego, Calif./Hillsborough CC).


text:
Kemp Records 40 to Lift Tyler Past Paden City
August 14, 2014 SISTERSVILLE — Match medalist Nathan Kemp recorded a score of 40 to lead Tyler Consolidated (179) to a victory against Paden City (205) in prep golf action Wednesday at Sistersville Country Club. more »»
Brooke's Spitak Claims Medalist Honors
August 8, 2014 WELLSBURG — Despite Michael Spitak earning medalist honors with a score of 76, Brooke (433) fell to Parkersburg South (407) in prep golf action Thursday at Highland Springs Golf Course. more »»
Bellaire Falls In D-III Play
May 30, 2014 COLUMBUS — After stranding 18 baserunners in last week's district final triumph against Liberty Union, Marion Elgin head coach Drew Kirby knew his team couldn't afford a repeat performance if it was... more »»
Bishop Donahue Walks Its Way to a Win
May 30, 2014 NEW MARTINSVILLE — Bishop Donahue literally walked its way to a victory against Magnolia in the Class A Region 1 semifinals Thursday night. With a little help from above. more »»
Bellaire Qualifies for Regional
May 24, 2014 STEUBENVILLE — Ohio's Division III Sweet 16 baseball field is set. For the first time since 2003, the Bellaire Big Reds are part of it. more »»
Shamrocks Are Eliminated
May 13, 2014 CAMBRIDGE — Big players come up big in big games. It might be cliche, but Greg Kanavel gave more credence to the phrase Monday evening at Don Coss Field. more »»
Linsly Wins 3A Title in Double Overtime
February 9, 2014 ST. CLAIRSVILLE — You have to get up pretty early in the morning to beat Linsly. Fort Frye found out 10 a.m. isn't early enough. more »»
Cadets Best Knights In Old-Fashioned Shootout
January 25, 2014 WHEELING — Anthony Wallace certainly filled up the stat sheet Friday night in Linsly's 97-92 victory against Wheeling Central. The Cadets senior finished with 37 points and 12 rebounds. more »»
Wallace, Cadets Squeeze By Tigers
January 22, 2014 SHADYSIDE — The air outside Shadyside High School on Tuesday night was bone-chilling cold. more »»
Wrestling: Magnolia 42, Linsly 33; Linsly 61, Tyler Consolidated 18
December 12, 2013 Magnolia 42, Linsly 33 Linsly 61 Tyler Consolidated 18 WHEELING — Riley Nice of Magnolia pulled out a hard-fought, 6-5 victory against Tommy Curtin help lead Magnolia to a victory against Linsly. more »»
Linsly Swims Past Whg. Park
December 11, 2013 WHEELING — It was the consistent second- and third-place finishes that helped propel the Linsly boys' and girls' swim teams to a pair of victories against Wheeling Park during a Wednesday night meet... more »»
Football: Bishops Do Not Want a Repeat
November 7, 2013 MOUNDSVILLE — Been there, done that certainly describes Bishop Donahue this week. more »»
Paige, Patriots Still Fired Up About Victory
October 29, 2013 By DAVE MORRISON Staff Writer WHEELING — Wheeling Park's Geremy Paige still looked as if he were about to spit nails, even though the Patriots had finished off their impressive 42-22 victory against... more »»
Boys' Soccer: Tyler Consolidated 3 Parkersburg Catholic 2
October 16, 2013 Tyler Consolidated 3 Parkersburg Catholic 2 MIDDLEBOURNE — Federico Perez had a goal and two assists in the Sliver Knights' victory against Parkersburg South. more »»
Injuries Tell Story of Week 6
October 14, 2013 By DAVE MORRISON Staff Writer WHEELING — Injuries are an inevitable part of the game of football. It's also inevitable that teams are going to see stars go down before the season end. more »»
Injuries Tell Story of Week 6
October 14, 2013 By DAVE MORRISON Staff Writer WHEELING — Injuries are an inevitable part of the game of football. It's also inevitable that teams are going to see stars go down before the season end. more »»
Bellaire Scores Huge Upset of St. Clairsville
October 13, 2013 BELLAIRE — In a game that featured nearly 1,000 yards of offensive fireworks, it was a key defensive stop late in the third quarter that allowed Bellaire to put a halt to St. more »»
OVAC VOLLEYBALL: Zeps Claim OVAC Class 3A Volleyball Crown
October 13, 2013 STEUBENVILLE — For the past three seasons Shenandoah has advanced to the Ohio Valley Athletic Conference volleyball tournament only to leave with disappointment and frustration. more »»
Football Lookahead: Linsly Welcomes Columbus Crusaders
October 3, 2013 Playing at home for the first time proved to be just what the doctor ordered for Coach B.J. Depew and his Linsly squad last week. more »»
Volleyball: Magnolia d. Bishop Donahue 25-9, 25-15 Bishop Donahue d. Wheeling Central 25-22, 25-21, 25-18 Magnolia d. Wheeling Central 25-19, 25-4
October 2, 2013 Magnolia d. Bishop Donahue 25-9, 25-15 Bishop Donahue d. Wheeling Central 25-22, 25-21, 25-18 Magnolia . more »»


text:
Tigers: Tracking a Legend
Bi-Plane Flights
Air Zoo Science Innovation Hall of Fame Awards
Subscribe to AirMail E-News
Get News & Events RSS
Register Group Tours
Book Air Zoo Facilities
Support the Air Zoo
Become a Volunteer
Air Zoo Travel
Curtiss JN-4 Jenny (scale model)
Did You Know?
- The Jenny was the first aircraft purchased in quantity by the U.S. military. Consequently, it was the first mass-produced American aircraft.
- It was used to train more than 90% of American pilots during World War I.
- Prior to 1927, the Jenny was the first aircraft many Americans ever saw up close, let alone fly in.
- After the war, there was a surplus of Jennies. Many barnstormers bought them, flying them across the U.S. to sell rides, thrill spectators, and inspire young pilots-to-be.
- Charles Lindbergh's first aircraft was a Jenny bought in 1923 for $500.


text:
Cateye Hl-El450 Front Bike Light
Sorry, the colour and size combination is currently out of stock online. Please email us for orders and availability.
Club price $62.95 NZ
Ask A Question
Product DescriptionSee your way home. The new HL-EL450 is perfect for occasional night rides and regular commutes. This compact, powerful light is more than twice as bright as the popular HL-EL410, and its improved OptiCube™ lens focuses the beam to help find your way through dark streets. A lockable switch eliminates accidental switch-on/off, while letting you easily toggle between high, low and flashing modes. The adjustable bracket quickly mounts to almost any handlebar, stem or helmet, and a simple clip lets you attach and detach the light in seconds — without tools. Whether you mount the HL-EL450 on your bike or keep it in your pack, it will always light the way.
Product Features
- High, low and flashing modes
- 400 candlepower
- 30-hours of run time on high beam on three AAA batteries
- Waterproof to 50 meters/165 feet
- Lockable switch


text:
How the White House's We the People E-Petition Site Became a Virtual Ghost-Town
BY Dave Karpf | Friday, June 20 2014
The White House once boasted that 5.4 million people have created We The People accounts, resulting in 9.2 million signatures. But the statistic only shows that there are less than 2 signatures per person, which means that the average user is signing a single petition and then never returning again. David Karpf explains how and why the White House's e-petition site has failed to take off. Read More
Urban Reviewer Maps New York's Forgotten Master Plans
BY Sam Roudman | Thursday, June 19 2014
Cities are capable of forgetting just like people are. Take the city of New York, where for decades vacant lots created through destructive, federally funded Urban Renewal Plans sat unused, despite being earmarked for ... Read More
Who's Behind Russia's "WikiLeaks"?
BY Jessica McKenzie | Thursday, June 19 2014
Representatives of a "mysterious Russian hacker collective" known as "Anonymous International" or "Shaltay Boltay" (Humpty-Dumpty) have denied being hackers. They have told the press that they do very little technical hacking. Mostly they leak things: government memos, email exchanges, and insider reports.Read More
NGP-VAN Adds Bitcoin Donation Tool
BY Miranda Neubauer | Wednesday, June 18 2014
The Democratic campaign technology provider NGP-VAN has now integrated a Bitcoin contribution option to its fundraising platform. The company, which provides fundraising and digital organizing tools for Democratic organizations and campaigns including the DNC, the DSCC, the DCCC, the DGA, Organizing for Action, House and Senate candidates and others, announced the development in a blog post Tuesday. Read More
Singapore Outlines Plans to Become First "Smart Nation"
BY Jessica McKenzie | Wednesday, June 18 2014
Forget smart cities; Singapore has announced detailed plans on how they will become the world's first "smart nation." The Infocomm Development Authority (IDA) revealed their scheme at the CommunicAsia trade show yesterday by having a remote controlled quadcopter deliver a computer to an IDA representative onstage.Read More
An Ushahidi-Powered Platform Shows "Free" Healthcare In India Comes With Hidden Costs
BY Jessica McKenzie | Wednesday, June 18 2014
Two and a half years after a pilot program called Mera Swasthya Meri Aawaz (My Health, My Voice) was launched to record and document the informal fees that plague India's "free" maternal health services in Uttar Pradesh, hundreds of reports have been collected and mapped. The Indian human rights organization Sahayog, which helped launched the initiative, tells techPresident that around 40 public health facilities in two Uttar Pradesh districts have been connected to informal fees, a kind of low-level corruption.Read More
Nawaat Pushes Boundaries in Tunisia With New Whistleblowing Platform
BY Rebecca Chao | Wednesday, June 18 2014
The activists that brought the world TuniLeaks and helped to topple a dictatorial regime has now built a whistleblowing site to push for greater transparency in Tunisia. Read More
How ISIS Wins At Twitter
BY Jessica McKenzie | Tuesday, June 17 2014
These days everyone, even (or especially) vicious terrorists groups, is all about social media optimization.Read More
Weekly Readings: Decoy Data
BY Antonella Napolitano and Rebecca Chao | Monday, June 16 2014
An app the emits false data; Burkina Faso, poor but data rich?; Social media bans in Iraq; and much much more Read More
Clinton Discusses Balance of Privacy and Security, Snowden, in German TV Interview
BY Miranda Neubauer | Monday, June 16 2014
Former Secretary of State Hillary Clinton emphasized the importance of establishing a balance between curtailing some surveillance overreach and protecting international security in an interview with German television, while expressing wariness and skepticism about Edward Snowden's choices. Read More


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Disaster. Total Disaster.
I find myself in a pickle in regard to my daughters' room. Two daughters, one room, one catastrophic mess. Now I'm normally the type of parent to choose my battles, and so long as there's nothing growing out of the hamper or under the bed, I'd be inclined to let them live in the chaos. Unfortunately, because there are two of them, the parenting gets a bit trickier than letting them live with the consequences of their actions (or inactions, in this case).
Here's the dilemma: I have an Odd Couple situation on my hands. My nine-year-old is more fastidious; she likes to have things in their place, and is easily upset when her world is disrupted. The four-year-old, on the other hand, has affectionately been nicknamed The Destroyer for her penchant for, well, destroying things.
So I have these two very different little girls that have to share a room. Big Sister wants things to be neat and tidy, and carefully puts her things away when she's done using them. Little Sister is never happier than when every toy she owns is on the floor, and she sees no reason to pick any of it up because she's going to play with it again anyway.
One wails that it's not fair that she has to share a room with her messy sibling, and the other wails if she's forced to pick up her toys. It's a constant battle to get their room picked up, and more often than not I just end up pushing piles of crap out of the way so I can vacuum the floor.
What's a mom to do in this situation? I thought getting organized would help them, so we got storage cubes and bins from Ikea and found a place for everything. My youngest's favorite thing to do now is dump the containers upside down onto her floor. Then my eldest whines that it's a frickin mess, but of course she won't put things away unless she's made to, because she didn't do it.
I could go in everyday and clean up myself, but that won't teach them responsibility and respect for each other and their things. Another option would be to stand there, prison guard style, and make them do it themselves despite the whining and the tears, but that sounds hellish. I could tell the older one to suck it up and either pick it up herself, or take a hint from her pal Tom Sawyer and figure out how to trick her sister into doing the work.
I've even considered bagging up everything on the floor and donating it to Goodwill, and honestly, this is usually the only threat that works when I really need them to clean up. Thankfully, I've never had to test if I have the guts to go through with it.
Should I suck it up myself and play Mean Mommy everyday at bedtime until things are put away? Will they ever fall into the habit of doing it themselves? Is that wishful thinking? Can I bribe them with candy? Can I bribe them with candy just to get them to stop complaining about their shared living space? Can I have some wine now?
Do your kids share a room? Do you have any tips for creating a peaceful environment? Are you laughing your hiney off at me for even attempting to stop sibling squabbles and messy room syndrome?
Image via Jenny Erikson
I shared a room with my brother until I was 10, he was 7. He actually slept in my twin bed with me every night despite the fact that he had his own. I was the messy one and he was the clean one. I was forced to keep my room clean. Having a dirty room wasn't an option because we just didn't live like that. We also didn't keep toys or TVs in our bedrooms because my parents believed that the bedroom is sacred and should only be used to sleep.
Is there anyway you can move all of their stuff into a playroom?
My husband was a stickler about teaching our kids to pick up after themselves from toddler-hood. They had to put their toys away themselves. I have to say, I have very tidy children thanks to that. Now, my daughter can be on the messy side, so we have to remind her with things like early bedtime and pay Dad a dollar for each mess you leave lay overnight if he finds it. Works like a charm.
Have the child who made the mess clean it up every time she makes one. No if ands or buts. A 4 year old is certainly capable of it. And the more she cleans it , and see that it is something that she does not enjoy doing every time, the less of a mess she will be inclined to make in the future......or find a bigger house, with separate rooms for each child. This is not that hard a problem.
Unless I wanted to face the wrath of my mother I cleaned up my toys when finished playing with them. I am a sloppy adult now, but when my parents made the rules I had to follow them. Otherwise my stuff would have ended up in the trash. You are the mom, you have to make the 4 year old clean up after herself, otherwise take her things away until she's ready to take care of them.
Is there any way you could give each of them a "side" of the room, so your 10 year old has an area that is tidy and organized, and the 4 year old has her side to be a little less neat? I do think that the 4 year old should start cleaning up after herself--at least at the end of the day pick everything up--but if your 10 year old prefers a higher standard of tidiness, it may help her to have her own space that she can keep that way she wants.
Sounds like the 4 year old has too much stuff.


text:
More available Wed 8 October.
Todays post has left. We can send this out tomorrow.
Express Post is available on this item.
ID-2111 Keywords or Part Number(s): 000937, 30210118, 000937: BRAKE CONTROL HAYES ENERGISE 3 .
Energize III has a superior responsiveness. It has a fully adjustable gain setting wheel. Energize III is compatible with all electronic systems (ABS, cruise, etc.). Featuring a wide range of mounting positions, its perfect for steep dash surface mounting. It features easy adjustment and standard four-wire hookup. A patented pendulum sensing device using Hall Effect Technology is used for controlled, smooth stops. The red LED indicator displays braking intensity and warns of a short circuit. Detailed instructions manual is included.
All products from Caravans Plus come with a guarantee.
This one comes with a 12 months manufacturer's warranty.
Click to View Product Manual (293kb) Click to View Product Installation & Operations Manual (757kb)
Which Brake Controller will suit me?
We have been selling this product for several years now. We try to keep a few of these on our shelves for quick delivery. If you order more than the 3 we have in stock, the delay is around 6 days to get more.


text:
Archive for December, 2010
Louisville, KY (December 21, 2010)
Rates lowered on all loans on Feb. 1, 2011!
Farm Credit Mid-America is rolling back interest rates! Customers will see a .35% reduction on their loan rate beginning February 1, 2011. Customers will receive a rate notification in early February outlining the new interest rate!
Louisville, KY (December 15, 2010)
Young farm couples take part in education program
Eight young farm couples were among a group of approximately 250 agriculture producers selected to attend the 2010 National Young Farmer Education Association program held this year in Monterey, California December 8-11. Meet the couples that were sponsored by Farm Credit!
Louisville, KY (December 8, 2010)
Saluting those who help the ag industry
Farm Credit would like to extend a hearty thanks to Kevin Fergeson and Dr. Steve Isaacsf or their time and expertise in helping our organization identify ways to enhance relationships with consumers living and working in rural America. In lieu of payment, both asked that donations be made to their colleges. Thanks for paying it forward!
Louisville, KY (December 7, 2010)
Animals for Life Foundation backed by Farm Credit
During the Ohio Farm Bureau Federation's annual meeting in Columbus on December 2, board members of Farm Credit Mid-America presented a $50,000 donation to the Animals for Life Foundation.


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This nice apartment, a separation divides the area in which there are two box spring of a place that can come together to form a double bed in the area you have a comfortable lounge Armchair double bed, a table with four chairs, a equipped kitchen, refrigerator, microwave and other appliances.A complete bathroom.
Breakfast is not included but a homemade breakfast service can be arranged in the apartment for 15 USD per person.
The apartment includes cair conditioning / heat, LCD cable, and weekly cleaning service.
Please note:
Check in time: From 08:00 AM to 7:00 PM in case there is no Check out the same day. After 7:00 pm and until 8:00 AM IN checks are made at an additional cost of 30 USD.
Check out time: 10:00 AM.
Cancellation policy is 72 hours.
Minimum stay 2 days.
Only cash upon arrival, we accept U.S. Dollars and Euros.
Breakfast is not included.
Ayres Portenos Hostel
Buenos Aires, Argentina Youth Hostels
Ayres Porteños is the first thematic hostel of Buenos Aires!! Live a unique and original stay!! Great location on San Telmo neighborhood. Excellent service and the most funny and cordial staff. Spacious and cosy rooms, delicious breakfast, telephone...
$12 Per Night
Hostel Vivac
Buenos Aires, Argentina Youth Hostels
Locate in geographic city centre, hostel VIVAC is one bed and breakfast with hotel comfortableness with the unconventional and pleasant atmosphere of hostel, BBQ area, entertainment room and equipment kitchen for guess use...
$10 Per Night
Play hostel in Palermo, Buenos Aires
Buenos Aires, Argentina Youth Hostels
Está situado en Palermo Soho, el barrio más cool de Bs As. Hermosa casa, hab.dobles,cuadruples,quintuples, sextuples, privadas o compartidas, desayuno incluido, LCD, terraza, parrilla, tours, WI-FI y mucho más..Bienvenidos!...
Starting at $12 Per Night
Hostel San Telmo
Buenos Aires, Argentina Youth Hostels
We have the BEST RATES IN SAN TELMO: GUARRANTEED! We Welcome LARGE GROUPS. We are located at the heart of San Telmo: The main touristic spot in town and travellers favourite place to stay Hostel is sourronded by bars that keep opened untill mornin...
$9 Per Night
Hostel OK San Telmo
Buenos Aires, Argentina Youth Hostels
Located at the heart of the historical district of San Telmo, we have the best rates in Buenos Aires...
Rates from $6 Per Night
Estación Buenos Aires Hostel
Buenos Aires, Argentina Youth Hostels
In a beautiful old renovated house, near the main tourist sites in the city, it is a thematic hostel seeking to transmit our cultural essence, where every room has been decorated according to the different periods that have made our history....
Starting at $12 Per Night
Budget Hotel
Buenos Aires, Argentina Youth Hostels
For a super convenient rate you will enjoy rooms with Tv and refrigerator We have capacity for 100 guests. Groups are welcome ...
$9 Per Night
Che Lagarto Hostel Buenos Aires
Buenos Aires, Argentina Youth Hostels
Che Lagarto Hostels is very proud to introduce you to: Che Lagarto Hostel, Buenos Aires!!!!!...
$8 Per Night
Hostel Sol
Buenos Aires, Argentina Youth Hostels
There are comfortable common areas, and spacious rooms. The atmosphere is relaxed and cool, in a fun, cosy environment....
$8 Per Night
Terrazas Estoril
Buenos Aires, Argentina Youth Hostels
Terraces is a brand new Hostel, conveniently tucked in the heart of Buenos Aires, at the top floor of a completely restored 100 years old building on the world famous Avenida de Mayo....
$16 Per Night
Aconcagua Expeditions
Mendoza, Argentina Rock Climbing
Aconcagua climbing and trekking expeditions and services....
$1,990 Per Trip
Travel to the highest volcanoes of the world
Andean North-West, Argentina ATV Trips
4x4 off road adventure travel through Argentina and the Andes, for small groups with English speaking companion. To experience a natural paradise of magical deserts, lunar landscapes, turquoise and green lagoons, the highest volcanoes of the world....
$400 Per Trip
Terrific Patagonia & Australis Cruise
Patagonia, Argentina Hiking & Trekking
We are native Argentineans organizing tours to the place we know best: Patagonia. We specialize in independent and small group tours. Some areas we visit are Peninsula Valdes, Los Glaciares,Fitz Roy, Tierra del Fuego and Torres del Paine....
Argentina Hunts
Santa Rosa, Argentina Wildlife & Safari Tours
All include service. Private Transportation. Excellent Food, Guides and bird boys, Red Deer, Bracket Deer,Black Buck Buffalo, Axis Deer, Fallow Deer, Wild Shep, Wild Boar, Capybara, Cougar, doves, ducks, partridge and pigeons....
$300 Per Person
Navigation By The Waterfalls, Great Adventure.
Mesopotamia, Argentina Eco Tours
Packages of accomodation, transfers and tours. U$D 40 per person, One night acc....
Discounts & Specials from $40 Per Trip
Hunts in Argentina
Santa Rosa, Argentina Wildlife & Safari Tours
Big and Small Game hunts in private first class ranches of Argentina....
$300 Per Night/Pers
Argentina Tailor Made Tours
Buenos Aires, Argentina Sight-Seeing Tours
Unicotrip is a fully licensed Argentinian inbound travel agency and tour operator based in Buenos Aires, Argentina. We run tours. We provide personalized custom tours to individual travelers, groups and corporate clients....
$30 Per Person
Buenos Aires Tigre Delta islands unforgettable
Buenos Aires, Argentina Sight-Seeing Tours
The Delta Islands & Tigre is one of those unforgettable sites that remain forever in the memory of its visitors. Sailing across this area is the best choice to get to know its rivers, its islands and its people from the inside. ...
$600 Per Couple
Delta Experience in Argentina
Buenos Aires, Argentina Sight-Seeing Tours
All inclusive services. Check ower web page or facebook to find out more about the programs and rates...
$100 Per Person
Hospedaje El Portal de las Viñas
Cafayate, Argentina Hotels & Resorts
Hospedaje hotel a media cuadra de la plaza principal de cafayate salta con todos los servicios. teve wifi aire acondicionado,patios con hermosas vides para disfrutat la tranquilidad de descansar...
Starting at $65 Per Night
|Link Code


text:
Ordering Up An Order System
Voices, January 27, 2011
The best order management system handles the most assets, in the most markets, without a hitch, in the fastest possible time.
All order management system vendors can provide basic buy and hold equity functionality.
But the key differentiators today revolve around "smart" order routing and, in general, low-latency trading. Integrating with other systems to enhance out-of-box functionality is also critical.
The functionality required in any OMS is driven by the needs of its users.
This functionality gets defined by portfolio management, trading, control, finance, regulatory, and operations groups. Users may request enhancements to handle expanding asset class coverage, streaming real-time market data, electronic trading or execution management, as well as performance management and attribution, facilitation of internal controls, post-trade analytics and transaction cost analysis.
Additionally, specialized investment strategies, like those employed by hedge funds and wealth management firms, typically require a specific set of functionality, including fund-of- funds trading or complex tax lot optimization.
Firms should ensure core criteria are satisfied prior to implementation. For example, the system should facilitate the trading of all or most security types, eliminate cumbersome manual processes, provide tight internal controls, meet regulatory requirements, and enhance risk reporting capabilities.
In addition to base functionality, the ease of application integration should also be a consideration—particularly when a firm uses multiple venues for trade execution and has installed an Execution Management System (EMS) as part of its trader desktop. The OMS typically facilitates such compute-intensive tasks as order generation, compliance, and middle-office processing, whereas the EMS is a lightweight tool that allows traders to execute sophisticated trading strategies quickly.
The current trend is to tightly integrate the OMS and the EMS. As such, many OMS vendors are attempting to add execution management to their functionality suite, just as EMS vendors are attempting to provide traditional order-management functionality.
Regulatory Requirements
The OMS will remain critical to enforcing front-office regulatory mandates. As such, it is important that an OMS can handle future regulatory changes. To assess any OMS's ability, simply look at how it has handled recent changes, such as restrictions on short selling the stock of financial services firms.
The President's Working Group on Financial Markets, created in 2007, identified disclosure, valuation, risk management, compliance, trading, and business operations among the key focus areas in a best-practices release for the hedge fund industry.
A similar Hedge Fund Working Group assembled in the U.K. provides standards for industry best practices that will be maintained by the Hedge Fund Standards Board.
The best-practice standards were identified in the following areas: disclosure, valuation, risk management, governance, and shareholder conduct. The guidance is a fair indication of self-regulation by industry members in anticipation of forthcoming regulations.
The latest round of regulatory changes will necessitate an OMS upgrade, although the scope of the upgrade is undefined. Make sure the OMS can handle not just a few additional compliance rules, but several new rules from all jurisdictions in which your trading takes place.
Each OMS must conform to the asset manager's pre- established technology standards and overall technology strategy. This typically includes:
• Hardware/operating system/database management system technology stack
• Middleware platform
• Application delivery preference (desktop installation versus fully-hosted Application Service Provider (ASP))
• Disaster recovery requirements
• Openness of platform architecture
• Global deployment faculties
• Maintenance tolerance
OMS vendors offer varying options and support for each of these areas. However, it is not uncommon for an asset management firm to compromise in order to fit a vendor OMS into its enterprise architecture.
The majority of large and medium-sized firms have dealt with these issues during their initial OMS installation. However, evolving technology preferences and the narrowing of the support provided by OMS vendors may necessitate revisiting this area.
The firm must evaluate its target-state system architecture and the modifications required in downstream systems to accommodate a new or revised OMS by focusing on changes to feeds and system interfaces.
Pay particular attention to the openness of the application's architecture. This openness facilitates integration of the OMS to both internal and external systems.
All vendors claim an open architecture; however, there are varying degrees of openness. Supported integration options typically range from direct database loads or extracts to programmatic import/export facilities with validation logic, to extensible Application Programming Interfaces (APIs), to completely transparent Service-Oriented Architecture (SOA). The more open the systems, the tighter the integration; however, integration introduces more moving parts and more points of failure, all of which must be monitored and maintained.
Risk Management
Recording trade information accurately in the OMS is critical for accurate risk management.
Trade capture is the most significant part of the lifecycle—without it a firm has no knowledge of trade activity. The transactions captured are fed downstream to middle-office and back-office systems to facilitate trade confirmation, position management, and eventually profit and loss and risk exposure calculations. The OMS must provide the capability to manage risk reporting for each desk, as well as supervise the escalation process as risk reporting is included in the enterprise reporting processes.
Some systems can integrate with specialized software from risk analytics vendors. Make sure you know what you're getting. Most vendors provide a defined set of functionality, which a trading firm must either accept or extend through customization or integration.
Similarly, an organization will have technology preferences or standards that must be aligned with the vendor offerings. Each firm defines its own criteria for tracking and managing risk, but they must also conform to the regulations imposed on the markets in which they trade.
Navigating this environment will require buy-side firms to instill discipline and empower its people to stay at the forefront of market developments. Doing so means that business and technology leaders may engage in dialogues with system providers to determine the appropriate time to conduct a value-added gap analysis of their existing systems.
Making the Decision
With so many factors to consider, the decisions to evaluate the viability of an existing OMS and determine next steps are not trivial.
A disciplined approach with participation across business groups is required to successfully assess trading, operations, compliance, and technology. A Project Management Office (PMO) may be necessary to coordinate the overall effort. By driving the group toward a defined, target end state, it will be easier to prepare a detailed work plan to address the transition. This type of focused approach can help the organization navigate through a myriad of issues efficiently.
Kevin Masso is a director of Sapient Global Markets. Senior manager Anurag Mathur co-wrote this commentary.
4 Comments
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Posted by: John W | December 24, 2011 3:32 AM
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Posted by: John W | December 24, 2011 3:32 AM
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25-Year-Old Woman Dies on Plane & Frightening Questions Are Raised
There are more questions than answers now, but the heartbreaking fact is that a 25-year-old woman who was flying from Sao Paolo, Brazil, to Dallas, Texas died en route this morning. American Airlines Flight 96 made an emergency stop in Houston after she was in medical distress, and she was pronounced dead shortly after landing.
According to ABC, a physician happened to be on the flight and tried to help along with crew members to save her, but they weren't successful. Her identity hasn't been released, and all the airline is saying is that she became ill and there was no sign of trauma or any indication of foul play. International Science Times, however, questions whether it could have been a homicide as homicide detectives are involved in the case, and she was coming from Sao Paulo which is known for its deadly drug problems. That could certainly add an even more terrifying twist to this tragedy.
I'm a pretty nervous flier anyway. Mostly because I worry about things like falling from the sky to my death and terrorists, but the thought of a medical emergency (or an attempted murder!) occurring when you're unable to call 911 and thousands of feet in the air is terrifying. I know the odds are with me, and I wouldn't limit my travels because of my fears, but this case certainly puts one more what if in my mind.
More from The Stir: Woman Forced to Sit Next to Dead Man in 10-Hour Flight From Hell
It's not the first time someone has died in flight either. In June, a woman was forced to sit next to the body of a man who died on board during a 10-hour flight. And in September a 64-year-old woman died on a flight from Seoul, South Korea to New York. Sure death is unpredictable and can happen anywhere, but it just seems especially tragic when happens like this, and in this case to someone so young. An autopsy is scheduled for tomorrow, and it will be interesting to see what the results reveal.
While of course our greatest sympathies are with this woman and her family, I also can't help but think how terrifying it must have been for those other passengers on the plane too. To see something like this happening in such a small, enclosed space has got to be unnerving and forever change their flying experiences.
Have you ever been on a plane when someone was in medical distress?
Image via Robert Raines/Flickr
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Kency09January 2, 2013 at 10:56 PMProbably a drug mule.
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schlisJanuary 2, 2013 at 11:28 PMKency That was my first thought too. Sad, but it happens.
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Julienikki06January 2, 2013 at 11:33 PMI have been on 2 flights where a passenger had a seizure- once on the seat right in front of me. another time a lady was puking and then unresponsive in the bathroom- it is a very scary feeling!!!
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LindsayJanuary 3, 2013 at 1:03 AMI was on a flight from Reagan National to West Palm Beach when someone died. He just slumped over in his seat and turned blue. They did CPR while we did an emergency landing in SC. I thought the flight crew did an amazing job trying to save the mans life. Come to find out he flew against dr orders after a surgery and died if a blood clot to the brain.
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LLICEJanuary 3, 2013 at 8:05 AMOn a flight from Dallas to Seattle a woman became terribly ill & we were rerouted back to Salt Lake to meet an ambulance. In 40 years of flying I've seen selfish, thoughtless behavior becoming the norm. But I loved the way everyone on the plane just shrugged their shoulders & looked concerned that this stranger on our flight was in trouble. We were told upon landing in Seattle that she would be okay & that got a round of applause. Good flight!
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LilacJanuary 3, 2013 at 9:37 AMPoor thing, she was probably a drug mule and the little plastic wrapped drugs in her tummy leaked and she died of an over dose. Its really sad.
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NiaJanuary 3, 2013 at 9:53 AM...or botched plastic surgery. Either way, there was a foreign object in her body.
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Buffy MJanuary 3, 2013 at 10:58 AMWas this possible DVT/ pulmonary embolism? My dad died on 9 July, 2004, at the age of 47, after getting off of a flight from Honolulu to Boise, ID-he did not get up and stretch or walk around as they ask you to do on long flights. While sitting and sleeping, he developed a clot in his leg and when he walked to baggage claim, he collapsed after picking up a box from the luggage carousel. 45 minutes later at the hospital, he was pronounced. He had lost 55 lbs over 8 months through diet and exercise and was young.
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sbkidzJanuary 3, 2013 at 12:55 PMFirst thought was she's a drug mule. Terrible way to live and die. My husband's a narc and he tells of how often this happens. Illegal Drugs have seen some pretty gruesome places before they make it to the syringe or glass or spoon.
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kevobxJanuary 3, 2013 at 1:46 PMWhat about her dead soul? Her spirit is in those people. No one is blessing her soul, why?


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Book Review
Genre: Series
2003 Best Harlequin Superromance Nominee
Brady Logan is staying at a hotel when he reads a female guest's entry in a communal journal and decides to track her down. Nell is getting her life back together when she meets Brady, and his charm and vulnerability speak to her heart. But just when she begins to believe in love again, a secret is revealed that causes her world to crumble. Laura Abbot's MY NAME IS NELL (4.5) is an emotionally moving romance about richly drawn characters who journey from pain to forgiveness to love. A riveting read from first to last page.
Reviewed By: Pamela Cohen
Publisher: Harlequin
Published: October 2003


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Responding to demand from the aeromedical industry, Jet Support Services (JSSI) is adding Eurocopter EC135/145 services to its lineup. "We did a market-share analysis last June and found a total of 633 Eurocopter EC135s and 377 EC145s in service worldwide," Kandi Spangler, JSSI v-p of marketing, told AIN.
The Helicopter Association International's 2011 Heli-Expo show, which closes today, looks to have exceeded expectations, with exhibitors, attendees and orders indicating a strong climb out of the long economic downturn.
The leadership team at Dart Helicopter Services has changed. Mike O'Reilly, president of Eagle Copters, Calgary, Alberta, has succeeded Jeff Shapiro as president and CEO. O'Reilly will remain in his post at Eagle. Shapiro will continue at Dart in an advisory capacity while Steve Joseph continues as COO.
Aeromaritime, a Rolls-Royce authorized maintenance, repair and overhaul center, is sharing space in Booth No. 320 with parent company Industria de Turbo Propulsores (ITP), which acquired the Aeromaritime group in 2008. ITP plans to extend its repair and overhaul business in the U.S. Aeromaritime, with facilities in the U.S.
The past 12 months have seen Jet-Care (Booth No. 4442) growing its presence in the helicopter engine support sector. The company, which specializes in oil analysis and health monitoring for engines and equipment such as gearboxes, has won new business in the North American market while also making inroads into the growing South American sector.
A shiny red-and-white Eurocopter AS350B2, newly converted to Honeywell LTS-101-700D2 turbine power, dominates Soloy Aviation's exhibit here at Heli-Expo2011 (Booth No. 1628). Inside is an operating example of a new electronic engine display soon to be added as an option to the already STC'd Soloy conversion kit for replacing the original Turbomeca Arriel B2 with the Honeywell engine.
Turbomeca chairman and CEO Pierre Fabre knows that for his company to grow and prosper, it is not only necessary to sell engines to helicopter manufacturers that deliver all over the world but also to allow engines to be built in countries like China. But it is naïve to think, Fabre said, that there is no risk of losing control of intellectual property when engines are manufactured by non-Turbomeca-owned entities.
Vector Aerospace Helicopter Services-North America (Booth No. 2137), a subsidiary of Vector Aerospace, came into Heli-Expo 2011 on the heels of "another banner year." The Canadian MRO specialist saw the 2010 opening of new facilities in Huntsville, Ala.; Calgary, Alberta, Canada; and Lanseria, South Africa.
Engine manufacturer Turbomeca is working 50-50 with Avic Engine, its Chinese counterpart, on the WZ16 turboshaft that will power the Avicopter AC352 medium twin, formerly known as the Z-15 (developed jointly with Eurocopter). Avic Engine is in charge of the compressor and accessory gearbox. The France-based company is responsible for the combustor, turbines and control system.
Eurocopter is believed to be working on an improved EC145–possibly to be designated the EC146, if recent trademark filings are any clue–featuring a fenestron shrouded tail rotor and Fadec-controlled engines. Aircraft spotter photographs reveal the light twin is already in flight test. An industry source told AIN that customers have been clamoring for Fadec since the commercial launch of the EC145 program.


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dear friends,
it's time for me to retire this tumblr. it has been enormously
helpful and therapeutic for me over the years. it was also my main
motivator when i first started making comics. but that was nearly
four years ago. a lot has changed since then. there is a lot of
anger and sadness on this tumblr and that's not who i am anymore.
(having) this blog has brought me many different types of joy at
different times. but just because you've been doing a thing isn't
a reason to continue doing that same thing. idk i am trying to be
happy and it takes a lot of work and sometimes difficult decisions
but overall it is better than being not happy.
and i don't want to presume to know anyone else's situation or
what they should/shouldn't do for themselves, but if you are
feeling unhappy i am at least 70% sure that you can feel better
than how you currently do. or at least that how you feel now
isn't how you will always feel (even if it currently doesn't
feel that way).
i want to sincerely thank everyone who has ever liked or reblogged
or commented on my stuff! i would like to thank everyone who has
ever given me praise and/or motivated me to continue to make
comics. i am truly glad that there are people who like the things
that i make. the thing is now it's time for me to make different
things :)