Wednesday, February 29, 2012

Wall Street Fights Back Against Bid to Curb Oil Speculation

Wall Street Fights Back Against Bid to Curb Oil Speculation

Federal Judge weighs CFTC arguments for regulating 'large dark markets'

- Common Dreams staff

A Federal Judge is weighing arguments for and against a deeper regulatory regiment on the oil futures market that stems from Congressional legislation passed in the 2010 Dodd-Frank financial reform bill.

An oil refinery on the Delaware River. (Michael Bryant/Philadelphia Inquirer/MCT) McClatchy reports on the hearing that took place on Monday where the judge hinted that he "might soon rule in favor of Wall Street and let speculation go unchecked."

Robert Wilkins, a judge on the U.S. District Court for the District of Columbia, declined a request for a preliminary injunction to halt the Commodity Futures Trading Commission from implementing a congressional mandate to limit how many oil contracts any single financial speculator or company can control.

However, Wilkins told both the CFTC and lawyers for the Securities Industry and Financial Markets Association and the International Swap and Derivatives Association that he expected to make a ruling soon on whether to hear the case. His line of questioning left both sides with the impression that he was concerned about how the regulatory agency has proceeded.

The two influential lobbies for Wall Street sought the injunction hoping to thwart what are called “position limits,” which were ordered by Congress as part of the landmark Dodd-Frank Act in 2010. The act was the broadest revamp of financial regulation since the Great Depression. The limits sought to prevent excessive speculation not just in oil but across the broad range of commodities, including farm products and metals.

The McClatchy report also makes note of the high stakes involved in this case by mentioning the financial sector lobbyists had hired Eugene Scalia to make their case. "He’s the son of outspoken conservative Supreme Court Justice Antonin Scalia," they report, "and last year he won a key challenge to a Dodd-Frank rulemaking being carried out by the Securities and Exchange Commission. In that case, the courts struck down provisions that would have made it easier for shareholders to run candidates for corporate boards."

And Reuters reports:

Jonathan Marcus, who argued for the CFTC, said the agency could implement limits for the spot month by June, but the regulator must first finish its swaps definition before it can do so. The final limits for all contract months can only be set a few months after the agency has collected a year's worth of swaps data, a process that is expected to end in August.

The CFTC pinned its support for the new regulations on a 1981 law as well as a requirement from Congress under the 2010 Dodd-Frank law that the agency has argued mandated an expeditious implementation of position limits.

"I think that would frustrate Congress' intent. Clearly Congress wanted limits," said Marcus. He told the court the groups failed to meet the threshold for a preliminary injunction saying "there is no way those numbers rise to irreparable harm."

Marcus said while some members need to spend money to comply with the new rules the costs "are miniscule" for a business that takes in billions of dollars in revenue and that the rules would only affect the biggest traders. 

***

Wall Street Oil Speculation Driving Surge in Gas Prices

Read recent Common Dreams coverage of the oil speculation issue here.

###

Source URL: http://www.commondreams.org/headline/2012/02/28-3

 

Donations can be sent to the Baltimore Nonviolence Center, 325 E. 25th St., Baltimore, MD 21218.  Ph: 410-366-1637; Email: mobuszewski [at] verizon.net. Go to http://baltimorenonviolencecenter.blogspot.com/

 

"The master class has always declared the wars; the subject class has always fought the battles. The master class has had all to gain and nothing to lose, while the subject class has had nothing to gain and everything to lose--especially their lives." Eugene Victor Debs

 

Tuesday, February 28, 2012

Should Corporations Have More Leeway to Kill Than People Do?

http://www.nytimes.com/2012/02/25/opinion/should-corporations-have-more-leeway-to-kill-than-people-do.html?_r=2

 

February 24, 2012

Should Corporations Have More Leeway to Kill Than People Do?

By PETER WEISS

NEXT week, the Supreme Court will hear a case with many potential ramifications for American and international law, and for corporate responsibility for human rights around the globe. The justices will be asked to decide whether the corporations to which they have been extending the rights of individuals should also be held accountable for crimes against human rights, just as individuals are.

The story behind the case begins in 1980, when my colleagues at the Center for Constitutional Rights and I helped obtain the first semblance of justice to the family of a slain 17-year-old Paraguayan youth named Joelito Filártiga.

A police inspector general in Asunción, the capital, had tortured the boy to death in retaliation for his father’s opposition to Paraguay’s brutal dictatorship. But the case was decided in New York, far from Paraguay, where the crime had occurred and where justice had proven impossible for the Filártiga family; the boy’s murderer was ultimately ordered to pay the family $10.4 million in damages.

The precedent-setting case was made possible by a remarkable decision by the United States Court of Appeals for the Second Circuit, which allowed it to be brought under a long-obscure law enacted by Congress in 1789. Known as the Alien Tort Statute, the law has been interpreted to mean that foreigners who commit heinous crimes abroad in violation of international law can be held accountable in the United States if they are present or do business here; the Supreme Court upheld its constitutionality in 2004.

Since that decision, dozens of successful alien tort claims have been brought in American courts — at first against individuals, and eventually against corporations. As a result, many foreign victims of egregious crimes — ranging from torture and slave labor to the execution of loved ones — that were sanctioned, endorsed or commissioned by corporations have found justice in our courts.

Yet in September 2010, a divided Second Circuit — the very court that had rendered the Filártiga decision — held that only individuals, and not corporations, can be sued under the statute.

That ruling, in a case known as Kiobel v. Royal Dutch Petroleum, came less than a year after the much more famous — and criticized — Supreme Court decision in Citizens United, which removed restrictions on political spending by contributions and wildly expanded the concept of corporate personhood.

Together, these decisions have triggered a wave of outrage among advocates for human rights, which see in them a signal from the courts that corporations have extensive rights but few responsibilities under American law.

On Tuesday, the Supreme Court will hear arguments on the alien torts ruling, which could produce its first decision regarding corporate personhood since Citizens United.

The question of whether foreign corporations doing business in the United States can be sued here for crimes committed elsewhere has arrayed international businesses against human rights advocates, with many “friend of the court” briefs filed on both sides. Four governments have also chimed in: Britain, the Netherlands and Germany for the corporate defendant and the United States on the side of the Nigerian plaintiffs.

The story behind the Kiobel case is compelling: The plaintiffs are members of the Ogoni people in Nigeria’s Niger Delta, where Royal Dutch Shell had extensive oil operations in the 1990s through contracts with the brutal military dictatorship that held power at the time. The region is widely considered a zone of calamity, in terms of both environmental and human rights. In the suit, Royal Dutch Shell was accused of assisting the Nigerian government in torturing and, through sham trials, executing Ogoni activists who had threatened to disrupt Shell’s operations because of the devastating health and environmental effects of unregulated drilling practices. The plaintiffs are either victims of torture themselves or had relatives who were executed. Esther Kiobel, the plaintiff after whom the suit is named, is the widow of a victim.

If the Supreme Court rules in favor of Royal Dutch Shell and against the plaintiffs, multinational corporations — particularly in mining and other extractive industries — could draw the lesson that it is now safer to forge alliances with autocratic regimes that have poor human rights records because they will not be judged culpable in the way individuals can be.

In fact, many “friend of the court” briefs filed by corporations in this case contend that the companies are committed to voluntarily complying with human rights norms — but that standards set by the United Nations and other public and private organizations are mere guidelines that are not enforceable as legal norms. What they are really saying is that there are legal norms against torture and such, but that they can’t be enforced against corporations because they have never been enforced under international law — a claim the plaintiffs strongly contest.

This leaves the Supreme Court with an extraordinary choice to make, in juxtaposition to its previous ruling in Citizens United: whether to accept an argument that, in effect, leaves corporations less culpable than individuals are for human rights violations committed abroad — or whether to hold that if a 200-year-old law can be used to hold individual violators to account, it can be used against corporate violators as well.

A decision affirming that Shell should go unpunished in the Niger Delta case would leave us with a Supreme Court that seems of two minds: in the words of Justice John Paul Stevens’s dissent from Citizens United, it threatens “to undermine the integrity of elected institutions across the nation” by treating corporations as people to let them make unlimited political contributions, even as it treats corporations as if they are not people to immunize them from prosecution for the most grievous human rights violations.

A more startling paradox is difficult to imagine.

Peter Weiss, a retired lawyer, is a vice president of the Center for Constitutional Rights.

© 2011 The New York Times Company

Burma awakes to glasnost: a (partly) free press and (some) freedom of expression

 

http://www.guardian.co.uk/world/2012/feb/26/burma-glasnost-free-press-expression/print

 

World news

 

Burma awakes to glasnost: a (partly) free press and (some) freedom of expression

Pictures of Aung San Suu Kyi adorn T-shirts and her speeches are reported verbatim. In Burma, the censors are in retreat

 

Mark Honigsbaum in Rangoon

guardian.co.uk, Saturday 25 February 2012 10.31 EST

 

 

Opposition leader Aung San Suu Kyi on the campaign trail earlier this month in the constituency of Kaw Hmu, which she hopes to represent. Photograph: Paula Bronstein/Getty Images

 

At Bangon Books, a second-hand shop in the beating heart of Rangoon, U Htay Hong is doing a brisk trade in Aung San Suu Kyi's collected writings, Freedom from Fear. That well-known "subversive" George Orwell is also prominently displayed, as are weditions of Thant Myint-U's unauthorised history of Burma, The River of Lost Footsteps. "In the old days, these were considered 'dissident' books and I had to keep them hidden in a back room," Hong explains. "Now, the intelligence police no longer seem to care."

 

And what is true for Bangon Books, it seems, is increasingly true for other media outlets in Burma. For decades, journalists lived in fear of imprisonment and worse. Owning a computer or fax machine without permission was forbidden and access to the internet was strictly controlled. Officially, these restrictions are still in place, but in practice the regime is waiving many censorship rules, ushering in a sort of Burmese "glasnost", the process of opening up after political repression.

 

The most visible sign of the new freedoms are the ubiquitous images of the National League of Democracy (NLD) leader, Aung San Suu Kyi. During her years under house arrest, it was illegal to publish her photograph. Now, with parliamentary elections looming, T-shirts emblazoned with her image are sold openly on Rangoon street corners and not a week passes without photographs of her on the front pages of privately owned newspapers, such as the Yangon Times and Flower News.

 

In March, in another "first" for the junta, President Thein Sein's administration is to permit party political broadcasts by Aung San Suu Kyi and other political leaders. Before receiving the final go-ahead, however, the NLD must submit the text of her address to the censors at the Ministry of Information.

 

And therein lies the catch, for in the looking-glass world of Burmese politics, working out what is and isn't "permitted" is still something of a guessing game. "The line is continually shifting," explained an editorial spokesman for the Myanmar Times, a non-government weekly with dual Burmese and English language editions. "We seem to be able to publish stories that would have been unthinkable a year to six months ago."

 

However, he explained, it was still a "trial-and-error process. The only way to be sure is to submit the pages and see what gets through."

 

Every week, two days before publication, the Myanmar Times, along with other private weeklies (only government newspapers are permitted to publish daily), sends its proofs to the Press Scrutiny and Registration Division, a coinage of which Orwell would have been proud. There, some 100 clerks pore over the text, excising paragraphs and, on occasion, whole articles deemed antithetical to the promotion of what – in a classic example of Burmese doublespeak – the regime calls a "discipline-flourishing democracy". In the past, the censors might have excised as many as 10 articles. Now, the red ink runs to an average of just three a week.

 

Recent editions of the Myanmar Times have featured articles on land reform; the "flawed" 2010 election, which returned a military government despite an NLD majority at the polls; and the long-running conflict in Kachin state, where the regime is accused of human rights violations. The paper has also run editorials calling for greater government "transparency" and the publication of draft legislation to ensure that bills are subjected to public scrutiny.

Some topics are still forbidden, however. For instance, the Myanmar Times was not permitted to report on a recent strike at a Chinese-owned Rangoon factory. Similarly, in an article on land reform, censors insisted on striking out references to a lawsuit brought against an MP accused of illegal land acquisitions.

 

Another item that got the red-ink treatment was a quotation from student activist Min Ko Naing, who was only recently released from jail after being imprisoned for his part in the 1988 student protests. In an otherwise inocuous article about plans for a biopic about Suu Kyi's father, the national independence leader Aung San, Naing expressed the hope that the producers would feature the student union building where Aung San spent his formative university days as well as the student union flag. Since the flag is embazoned with a white star and a gold peacock, which is also an symbol for the military, this proved too much for the censors and the reference was deleted.

 

Other no-go areas are reports of ethnic conflicts and allegations of military forced labour. In addition, the authorities continue to deny journalists access to Kachin and other conflict zones, making it impossible to report independently on claims of abuses there.

 

After decades of isolation, however, most Burmese are cautiously optimistic that the new freedoms will not prove a flash in the pan and that, with time, the process will become irreversible. The problem is that none of the changes has been codified and there is no guarantee that, should new strikes or protests break out, the junta won't revert to its former bad practices.

 

That is why many Burmese believe the real test will come later this year, when a new press law comes up for discussion in parliament. According to those who have seen a draft of the bill, it calls for the elimination of the censorship board and its replacement with a press code similar to that of other countries in the region. In another nod to a truly free and independent press, the bill envisages daily publication by private companies.

 

In an effort to prove that the relaxation of censorship is more than window dressing, the Ministry of Information has been inviting journalists to workshops to help retrain its staff in the art of public communications. But while the country's top censor, Tin Shwe, is said to support the reforms, his boss, Kyaw Hsan, the minister of information, is more hostile, describing journalists as "vicious red ants".

 

For now, at least, the Burmese seem to be revelling in their glasnost moment. On a election tour to the Irrawaddy delta nine days ago, Aung San Suu Kyi was mobbed by supporters waving placards emblazoned with her image. As she took to the stage in support of the local NLD candidate, huge speakers blasted a popular Burmese anthem, giving the rally a carnival feel. With the local and international press looking on, she talked about the importance of "poverty reduction", "social justice" and the "rule of law" – three phrases rarely heard in Burma and almost never in the same sentence.

 

The following week, the Myanmar Post published Aung San Suu Kyi's picture on its front page next to a detailed report quoting extracts of her speech. The government's official mouthpiece, The New Light of Myanmar, ignored it.

 

For those in the delta that day, it was an electrifying moment and afterwards I was thronged by supporters eager for me to take their picture – something that would have been inconceivable in the old Burma. "We are so happy," said one. "Please tell the world that we are free."

 

I promised I would. Only time will tell whether it is true.

|

About guardiannews.com

© 2012 Guardian News and Media Limited or its affiliated companies. All rights reserved.

 

Burma awakes to glasnost: a (partly) free press and (some) freedom of expression

This article was published on guardian.co.uk at 10.31 EST on Saturday 25 February 2012. A version appeared on p31 of the Main section section of the Observer on Saturday 25 February 2012. It was last modified at 19.14 EST on Saturday 25 February 2012.

 

Donations can be sent to the Baltimore Nonviolence Center, 325 E. 25th St., Baltimore, MD 21218.  Ph: 410-366-1637; Email: mobuszewski [at] verizon.net. Go to http://baltimorenonviolencecenter.blogspot.com/

 

"The master class has always declared the wars; the subject class has always fought the battles. The master class has had all to gain and nothing to lose, while the subject class has had nothing to gain and everything to lose--especially their lives." Eugene Victor Debs

 

Charges against Assange drawn up in US, says email

http://www.smh.com.au/world/charges-against-assange-drawn-up-in-us-says-email-20120228-1u14c.html#ixzz1ngmBrbMt

 

Charges against Assange drawn up in US, says email

Philip Dorling
February 29, 2012 - 3:00AM

UNITED States prosecutors have drawn up secret charges against WikiLeaks founder Julian Assange, according to a confidential internal email obtained from a private US intelligence company, Stratfor.

In the email, sent to Stratfor intelligence analysts on January 26 last year, the company's vice-president for intelligence, Fred Burton, responded to a media report concerning US investigations targeting WikiLeaks. He wrote: "We have a sealed indictment on Assange."

Underlining the sensitivity of the information - apparently obtained from a US government source - he wrote "Pls protect" and "Not for Pub[lication]".

Mr Burton is a well-known expert on security and counter-terrorism with close ties to US intelligence and law enforcement agencies. He is a former chief of counterterrorism in the US State Department diplomatic security service.

Stratfor, which is based in Austin, Texas, provides intelligence and analysis to corporate and government subscribers.

On Monday, WikiLeaks began the release of more than 5 million leaked Stratfor emails which it said showed "how a private intelligence agency works, and how they target individuals for their corporate and government clients". The Age has access to the emails through an investigative partnership with WikiLeaks.

The news that US prosecutors drew up a secret indictment against Mr Assange more than 12 months ago comes as the WikiLeaks founder awaits a British Supreme Court decision on his appeal against extradition to Sweden to be questioned in relation to sexual assault allegations.

Mr Assange, who has not been charged with any offence in Sweden, fears extradition to Stockholm will open the way for his extradition to the US on possible espionage or conspiracy charges over WikiLeaks' publication of hundreds of thousands of leaked classified US reports.

US army private Bradley Manning was last week committed to face court martial for 22 alleged offences including ''aiding the enemy'' by leaking classified US documents to WikiLeaks.

In December, The Age revealed the contents of Australian diplomatic cables that confirmed WikiLeaks was the target of a US Justice Department investigation ''unprecedented both in its scale and nature'' and suggested that media reports that a secret grand jury had been convened in Alexandria, Virginia, were ''likely true''.

The Australian embassy in

Washington reported in December 2010 that the Justice Department was pursuing an ''active and vigorous inquiry into whether Julian Assange can be charged under US law, most likely the 1917 Espionage Act''.

The Stratfor emails show that WikiLeaks' publication of US diplomatic cables triggered intense discussion within the "global intelligence" company.

Stratfor "senior watch officer" Chris Farnham, an Australian, advocated revoking Mr Assange's Australian citizenship, adding: "I don't care about the other leaks but the ones he has made that potentially damage Australian interests upset me.

''If I thought I could switch this dickhead off without getting done, I don't think I'd have too much of a problem."

However, Mr Farnham also referred to a conversation with a family friend who he said knew one of the Swedish women who have accused Mr Assange of sexual assault, and added that "there is absolutely nothing behind it other than prosecutors that are looking to make a name for themselves".

While some Stratfor analysts decried what they saw as "clear anti-Americanism" on Mr Assange's part, others welcomed the leaks and debated WikiLeaks' longer term impact on secret diplomacy and intelligence.

Leaked Stratfor emails can be found at wikileaks.org/the-gifiles.html

This story was found at: http://www.smh.com.au/world/charges-against-assange-drawn-up-in-us-says-email-20120228-1u14c.html

Donations can be sent to the Baltimore Nonviolence Center, 325 E. 25th St., Baltimore, MD 21218.  Ph: 410-366-1637; Email: mobuszewski [at] verizon.net. Go to http://baltimorenonviolencecenter.blogspot.com/

 

"The master class has always declared the wars; the subject class has always fought the battles. The master class has had all to gain and nothing to lose, while the subject class has had nothing to gain and everything to lose--especially their lives." Eugene Victor Debs

 

Emails obtained during series of Anonymous hacking attacks reveal inner workings of US-based intelligence firm

http://www.guardian.co.uk/media/2012/feb/27/wikileaks-stratfor-emails-anonymous

 

WikiLeaks releases first 200 of 5m Stratfor emails

Emails obtained during series of Anonymous hacking attacks reveal inner workings of US-based intelligence firm

 

James Ball

guardian.co.uk, Monday 27 February 2012 10.47 EST

 

Assange says Stratfor is a private intelligence Enron. Link to this video

 

WikiLeaks has released the first 200 of a cache of 5m emails obtained from the servers of Stratfor, a US-based intelligence firm.

 

The emails originated not from a whistleblower, but instead from a series of hacking attacks against Stratfor in December 2011, carried out by the online activist collective Anonymous.

 

Anonymous apparently passed the emails to WikiLeaks in the weeks following the attack. The whistleblowing website then recruited, according to its statement, 25 media partners to work on the document cache.

 

Stratfor describes itself as a provider of "strategic intelligence on global business, economic, security and geopolitical affairs", with a claimed 300,000 subscribers.

 

WikiLeaks said the documents contained details of the inner workings of the private intelligence agency, links between government and private intelligence, and commentary on WikiLeaks itself.

 

"The material contains privileged information about the US government's attacks against Julian Assange and WikiLeaks and Stratfor's own attempts to subvert WikiLeaks," the whistleblower website said.

 

"There are more than 4,000 emails mentioning WikiLeaks or Julian Assange. The emails also expose the revolving door that operates in private intelligence companies in the United States."

 

The initial release was said to contain information on measures taken to track activist and NGO activity for large companies, through media monitoring, and information on the financial sector.

 

Emails between the founder and Karl Rove, a senior advisor to George Bush, are among those released to date.

 

The cache also contains gossip between Stratfor staff, apparently originating from the 2008 presidential campaign of John McCain, that the senator was encouraged to take action against President Obama for alleged electoral fraud in two states.

 

Coca-Cola also seemingly engage Stratfor for background research against Peta activists in Canada ahead of the Vancouver Winter Olympics in 2010.

 

The emails also often detail the inner workings of a company which has proved a subject of fascination for online activists keen to expose private sector intelligence providers.

 

UK and overseas military officials seem to be among the site's customers, indicating future releases may include more on such individuals. A Guardian analysis of records published after the original Anonymous attack revealed the email account details of 221 UK military staff and 242 Nato officials.

 

However, some of information in the emails appeared weaker than the site's release would suggest. Alleged tracking of activist and hoaxing group the Yes Men by Dow Chemicals appeared to amount to little more than email monitoring.

 

Similarly, an email apparently giving Stratfor advanced warning of action by credit ratings agency Moody's in Ireland was instead from the independent analyst wing of the company – which is independent of the credit ratings side, and receives no information on its decisions ahead of time.

 

The emails published to date contain no redactions of information relating to individuals passing information to Stratfor, or anyone else, raising concern for the personal safety of some individuals in the cache.

 

One email, purportedly from a private security contractor, details an apparent assassination attempt on an individual in Libya, seemingly due to mistaken identity with a member of the country's transitional council.

 

The email details the surname of the targeted individual, and even coordinates of his house.

 

Key accounts linked to the Anonymous group were quick to support the WikiLeaks release after it was posted in the early hours of Monday morning, UK time.

 

One of the largest Anonymous-linked accounts on Twitter, @AnonymousIRC, put out a series of tweets within minutes seemingly confirming it was the source of the WikiLeaks release.

 

"We promised you those mails and now they'll finally be delivered. Five million (that's 5,000,000) emails at your pleasure," it said.

 

"There's a treasure trove of nasty details in those emails. We think there's something for everyone."

 

Stratfor released a statement condemning the release, but confirming it believed the emails were genuine and had originated from an attack on its servers.

"In December, thieves compromised Stratfor's data systems and stole a large number of company emails, along with other private information of Stratfor readers, subscribers and employees," the company said.

 

"This is a deplorable, unfortunate – and illegal – breach of privacy. Some of the emails may be forged or altered to include inaccuracies; some may be authentic. We will not validate either. Nor will we explain the thinking that went into them.

 

"Having had our property stolen, we will not be victimized twice by submitting to questioning about them."

WikiLeaks said it would continue publishing emails from the document cache over the following days and weeks.

 

About guardiannews.com

 

© 2012 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Pacific Sea Otters' Failure to Thrive Confounds Wildlife Sleuths

http://www.nytimes.com/2012/02/28/science/sea-otters-failure-to-thrive-confounds-researchers.html?_r=1&nl=todaysheadlines&emc=tha210

 

February 27, 2012

Pacific Sea Otters’ Failure to Thrive Confounds Wildlife Sleuths

By INGFEI CHEN

MONTEREY, Calif. — On a fog-shrouded morning in Monterey Bay, wildlife researchers are out to capture a southern sea otter named Blanca — part of a three-year project to learn why her species, hunted to near extinction a century ago, is still in trouble here despite decades of efforts to bring it back.

Blanca is not cooperating.

Because wild sea otters bolt at the whiff of human presence, the only way to catch one is when it is asleep. Blanca is tagged with a radio transmitter, and scientists onshore are tracking her by telemetry and telescope.

About 8:30 a.m., she begins diving for crabs in a kelp bed off Cannery Row. In a skiff on the bay, three otter biologists — Tim Tinker, Brian Hatfield and Joe Tomoleoni — wait for her to stop feeding and take a nap.

And wait. And wait. When Blanca finally dozes, five hours after the tracking began, Mr. Hatfield and Mr. Tomoleoni slip into the water 270 yards away, with scuba gear and underwater scooters rigged with nets. Long minutes pass.

Then Dr. Tinker, watching with binoculars from the boat, sees her awaken and plunge beneath the surface. “She just saw you,” he tells his companions by radio. “Target is gone. It’s over.”

For the wildlife biologists, a clear explanation for the sea otters’ failure to thrive is proving just as elusive. Almost wiped out by fur traders, the species rebounded after an international ban on commercial otter hunting in 1911. But today, the otter population in California is just 2,700, in a mosaic of small, separate colonies off the coast, down from perhaps as many as 16,000 in the past.

Multiple factors are stalling the recovery. One popular view, supported by veterinary pathologists who study dead otters, primarily blames coastal pollution — in the form of parasites, bacteria, toxins and chemicals.

But Dr. Tinker and other biologists say that, at least in the areas where the sea otter population is highest, off Monterey and nearby Big Sur, the underlying problem is simply that the otters are running out of food.

While they are not starving to death, they are depleting their favorite prey, sea urchins and abalone, and having to spend more time hunting. Poor nutrition is compromising their fitness to survive diseases or other threats, said Dr. Tinker, who runs the United States Geological Survey’s otter research program. “They’re not getting enough food to make it through.” Reports from Dr. Tinker’s team also suggest that otters are particularly vulnerable to sharks.

Bridging the two scientific camps, Dr. Tinker is working closely with veterinary experts and biologists at the California Department of Fish and Game, the Monterey Bay Aquarium, the University of California and elsewhere. The wildlife sleuths have been tracking diet, behavior, diseases, births and deaths among 90 radio-tagged sea otters that live off urban Monterey or pristine Big Sur. The sites differ mainly in that Monterey Bay receives more polluted runoff.

Last fall, the team was recapturing the otters to take more blood samples, pluck whiskers and retrieve a small, implanted, pen-shaped instrument (all with anesthesia) from each. The instrument recorded a trove of data on body temperature and the time and depth of every dive an otter had made in the past year.

By telescope, the scientists observed what the otters ate in more than 20,000 foraging dives. More information is coming from a novel test analyzing the chemical composition of the otter whiskers (based on the principle “you are what you eat,“ said Seth D. Newsome, a research collaborator from the University of Wyoming).

And a new genetic technique detects whether pollutants and pathogens are impairing the otters’ immunological health, even before they get sick. The new blood test screens activity in 14 key genes, said Lizabeth Bowen, a geneticist at the Geological Survey who developed the test with Jeffrey Stott of the University of California, Davis.

The genetic signatures can reveal whether an animal is experiencing subtle physiological stress, inflammation or infection by bacteria or parasites, Dr. Bowen said — or reacting to exposure to pollutants like PCBs. The testing cannot as yet tell precisely which contaminant may be stressing the otters.

The Big Sur-Monterey study is part of a larger, multiagency effort called the Pacific Nearshore Project, which is comparing nine distinct sea otter populations and the health of their coastal habitats in the northern Pacific.

The broader project is investigating why some colonies in southeastern Alaska, British Columbia and Washington that were growing rapidly two decades ago — by 20 percent a year — have seen that rate slowed by half, said its leader, James L. Bodkin of the Geological Survey’s Alaska Science Center. The California otters’ growth rate is even more lackluster: usually less than 5 percent a year and, lately, near zero.

Sea otters are remarkably voracious: To survive frigid waters, they must fuel a high metabolism by consuming 25 to 30 percent of their body weight every day. Veterinary scientists, who tend to favor the coastal-pollution explanation, note that the otters dine on many types of shellfish and invertebrates that are prone to accumulating contaminants.

As a result, the animals “are getting hit with so many things,” said Melissa A. Miller, a veterinary pathologist at the California Fish and Game Department who autopsies stranded otters. “I picture it sometimes almost like otters are sitting there right at that land-sea interface with their mouths open.”

In 2010, Dr. Miller and her associates reported evidence that microcystin, a toxin from blue-green algae that live only in freshwater lakes and streams, had killed at least 21 sea otters. Another toxin, domoic acid, is also deadly to the animals. Such poisons are generated by harmful growths of algae that can be fed by fertilizers in agricultural runoff.

Dr. David Jessup, a veterinarian retired from the state wildlife agency, says other leading killers include disease-causing parasites transmitted in feces from cats and opossums; infections by bacteria in human or animal feces; and industrial pollutants, which may subtly affect otter immune defenses. These factors all “have some connection to human activities,” he said.

But to ecologists, emerging evidence instead strongly suggests that elevated rates of infectious diseases are mostly a symptom of a larger problem — insufficient food resources and malnutrition.

“When animals reach a point of extreme nutritional stress,” Dr. Tinker said, “they will succumb to whatever particular stressor they encounter first” — whether a parasite or toxin, a boat strike or a shark attack that a well-fed otter might otherwise fend off or evade.

Even without harmful pathogens from land, “I think they would be dying from something else,” said James Estes, a marine ecologist at the University of California, Santa Cruz.

While these ecologists do not minimize the importance of cleaning up coastal pollution, they doubt it would lead to a major rebound in the sea otter population off Big Sur and Monterey.

Dr. Tinker says these areas probably cannot sustain any more otters, given the available supplies of sea urchins, abalone and other shellfish.

“Their rate of food acquisition has declined to a point where they’re pretty much spending as much time feeding as they can,” he said — 40 to 50 percent of each day. They are scrawny compared with the “big, round happy otters” at San Nicolas Island in Southern California, where their prey abounds and the otters forage only 25 percent of the time.

The results from the current comparison study, due this spring, may help resolve some of the debate by answering whether otters fare better in the cleaner waters at Big Sur.

Preliminary genetic tests indicate higher stress, inflammation and exposure to pathogens and pollutants in the Monterey group, Dr. Tinker said. But survival data have not been analyzed.

For now, the research partners agree to disagree. No single answer can explain the California sea otter mystery. For instance, food is abundant elsewhere in the otter range, so why aren’t animals rapidly multiplying there and moving into unoccupied territories?

No one knows. The reason may be a high rate of shark attacks in some places, or a land-based pathogen in others, Dr. Tinker said. And, because those low-density otter colonies still have much growth potential, he said, combating pollution might still be the best long-term answer to the sea otters’ plight.

© 2011 The New York Times Company

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"The master class has always declared the wars; the subject class has always fought the battles. The master class has had all to gain and nothing to lose, while the subject class has had nothing to gain and everything to lose--especially their lives." Eugene Victor Debs

 

Monday, February 27, 2012

Colonialism in Africa helped launch the HIV epidemic a century ago

Colonialism in Africa helped launch the HIV epidemic a century ago

 

By Craig Timberg and Daniel Halperin

 

The Washington Post

 

Monday, February 27, 5:55 PM

 

http://www.washingtonpost.com/national/health-science/colonialism-in-africa-helped-launch-the-hiv-epidemic-a-century-go/2012/02/21/gIQAyJ9aeR_story.html

 

We are unlikely to ever know all the details of the

birth of the AIDS epidemic. But a series of recent

genetic discoveries have shed new light on it, starting

with the moment when a connection from chimp to human

changed the course of history.

 

We now know where the epidemic began: a small patch of

dense forest in southeastern Cameroon. We know when:

within a couple of decades on either side of 1900. We

have a good idea of how: A hunter caught an infected

chimpanzee for food, allowing the virus to pass from

the chimp's blood into the hunter's body, probably

through a cut during butchering.

 

As to the why, here is where the story gets even more

fascinating, and terrible. We typically think of

diseases in terms of how they threaten us personally.

But they have their own stories. Diseases are born.

They grow. They falter, and sometimes they die. In

every case these changes happen for reasons.

 

For decades nobody knew the reasons behind the birth of

the AIDS epidemic. But it is now clear that the

epidemic's birth and crucial early growth happened

during Africa's colonial era, amid massive intrusion of

new people and technology into a land where ancient

ways still prevailed. European powers engaged in a

feverish race for wealth and glory blazed routes up

muddy rivers and into dense forests that had been

traveled only sporadically by humans before.

 

The most disruptive of these intruders were thousands

of African porters. Forced into service by European

colonial powers, they cut paths through the exact area

that researchers have now identified as the birthplace

of the AIDS epidemic. It was here, in a single moment

of transmission from chimp to human, that a strain of

virus called HIV-1 group M first appeared.

 

In the century since, it has been responsible for 99

percent of all of the world's deaths from AIDS -- not

just in Africa but in Moscow, Bangkok, Rio de Janeiro,

San Francisco, New York, Washington. All that began

when the West forced its will on an unfamiliar land,

causing the essential ingredients of the AIDS epidemic to combine.

 

It was here, by accident but with motives by no means

pure, that the world built a tinderbox and tossed in a spark.

 

The chimps of Cameroon

 

Many simians, such as gorillas and monkeys, can carry a

virus that resembles HIV. But scientists now know that

HIV-1 group M was born from a virus circulating among a

community of chimpanzees concentrated in Cameroon, a

sprawling country with bustling Atlantic Ocean ports,

populous highlands, and a lightly developed southern

region where relatively few people live even today.

This was home to the chimps.

 

Finding a more exact location took a remarkable degree

of scientific ingenuity. An international research team

led by Beatrice Hahn of the University of Alabama at

Birmingham and Paul Sharp of the University of

Edinburgh developed an elaborate project that involved

searching for the simian virus in chimp feces collected

across a vast swath of southern Cameroon.

 

To find a strain of the simian virus that was, on a

genetic level, essentially indistinguishable from the

most lethal form of HIV, the research team set up 10

stations across the region. Two of the stations were in

the particularly remote southeastern corner of the

nation, as far as possible from major population centers.

 

It was in these two stations where Hahn and Sharp's

team discovered samples of the simian virus that was

almost a perfect match for the HIV-1 group M that

eventually killed tens of millions of humans.

 

This discovery, published in the journal Science in

2006, intensified the quest for a birth date for the

virus. Again, genetic research offered the key clues.

 

Scientists had long known that a blood sample,

preserved from 1959, showed that HIV had been

circulating in Kinshasa, the capital of Congo, for

several decades before the virus first drew

international attention in the 1980s. In 2008,

evolutionary biologist Michael Worobey sharpened that

picture when he reported in the journal Nature the

discovery of a second sample of the virus, trapped in a

wax-encased lymph node biopsy from 1960.

 

By comparing these two historic pieces of virus and

mapping out the differences in their genetic structures

in his lab at the University of Arizona, Worobey

determined that HIV-1 group M was much older than

anyone had thought. Both samples of the virus appeared

to have descended from a single ancestor at some time

between 1884 and 1924. The most likely date was 1908.

 

Taken together, these two discoveries offered the

clearest clues to the birth and early life of the epidemic.

 

Not far from where HIV-1 group M was born was a major

river, the Sangha, flowing toward the heart of Central

Africa. This section of the Sangha was not ideal for

navigation because of its ribbons of sandbars and the

dense vegetation along its banks.

 

In the especially treacherous middle section, near

where Hahn and Sharp's team found the viral ancestor of

HIV, few major human settlements ever developed. But

there were numerous communities on the Sangha's more

accessible stretches. And due south, past riverside

trading towns, was the mighty Congo River itself, the

superhighway of Central Africa.

 

Once the virus made the jump from chimp to human, a

single infected person could have carried HIV down the

Sangha, onto the Congo River and into Kinshasa. The

Belgians had founded the city in 1881, during what

historians call "The Scramble for Africa," when

colonial powers carved up the continent into areas of

influence. By the early 20th century Kinshasa, then

called Leopoldville, was the biggest city in Central

Africa, fueled by the dizzying growth of trade with the

outside world.

 

A final, powerful bit of evidence supported the theory

that Kinshasa lay at the heart of the epidemic's early movements.

 

Scientists studying HIV-1 group M already had found

many related varieties, what scientists call subtypes,

each with slightly different genetic structures and

paths through the world. One, scientists discovered,

had traveled east from Kinshasa toward Lake Victoria.

One went south to Zambia, Botswana and South Africa.

One hopped all the way across the ocean to Haiti, then

to the United States and Europe.

 

Many others traveled not very far at all, staying in

the Congo Basin. But as scientists plotted out the

genetic histories of these varieties and built an

extensive family tree for HIV, they all appeared to

have spread from a single explosion, a big bang of the

AIDS epidemic: Ground Zero was Kinshasa.

 

Ivory and rubber

 

Powering the big bang was the burgeoning trade of

colonial Africa.

 

Ivory may seem a touch quaint today, but in its heyday

it was seen as beautiful, versatile and essential to

many everyday products. It was used to make billiard

balls, jewelry and cutlery. Furniture makers

incorporated it into their cabinets, artists into their

statues. Bagpipe makers used ivory for mounts,

ferrules, buttons and mouthpieces.

 

When supplies of ivory gradually grew short, as

colonial agents killed the once plentiful elephants by

the thousands, rubber took its place as the economic

lifeblood of colonialism in the Congo Basin. The first

inflatable rubber tires for bicycles became popular in

the 1890s. Mass production of cars soon spiked demand

for rubber tires again.

 

The only obstacle to European companies' reaping huge

profits was that collecting ivory and rubber required

massive amounts of labor. Getting ivory from an

elephant meant stalking the animal, killing it and

cutting off its tusks. Getting rubber from vines

required slashing them, collecting the oozing white sap

and drying it -- sometimes on the collector's own skin.

 

The solution to the manpower demands soon became

obvious. Colonial powers created what was essentially

slavery: cheap muscle at the point of a gun.

 

This approach was not confined to collecting ivory and

rubber. These industries created tremendous new needs

for infrastructure to get goods to oceangoing ships

along the Atlantic coast. That meant African porters

had to carry goods and supplies anyplace the steamboats

couldn't reach.

 

Workers were needed to build railroads, trading

stations, dormitories. And somebody needed to operate

the steamboats, load the railroad cars, carry the tusks

or gobs of rubber in from the jungle. When workers

became unruly, the colonial companies deployed heavily

armed soldiers to keep the cogs of these vast

enterprises moving.

 

All these roles were filled by Africans, many imported

from villages hundreds or even thousands of miles away.

African life here was beyond cheap. It was disposable.

Contemporary accounts by journalists and missionaries

tell of colonial officials across the Congo Basin

ordering mass slaughters and the torching of restive

villages while creating forced settlements that

resembled nothing so much as concentration camps.

 

The role of African porters

 

In December 1895 German colonial authorities heard

reports that Cameroon's southeastern corner contained

fabulously rich ivory and rubber stocks awaiting exploitation.

 

The Germans soon after gave authority to a colonial

company to take control of the region by force. Over

the next four years they extended their power all the

way through southeastern Cameroon and established a

trading station on the Ngoko River about 75 miles

upstream from where its waters merged with the Sangha.

In the wedge of land defined by these two rivers, HIV

either had just been born or soon would be.

 

The trading station was called Moloundou, and a busy

town remains there today. But at the time it was almost

unimaginably remote. Few human settlements had

developed among these forbidding forests. And there

were only two practical ways out: by steamship down the

Ngoko to the Sangha and on to the Congo River; or

overland by foot to the Atlantic.

 

The river route was the easier of the two, and

steamships transported the bulk of the ivory and rubber

collected in southeastern Cameroon. But overland routes

were necessary to connect Moloundou with other trading

stations and inland areas rich with rubber and ivory.

 

For these journeys the bounty was borne by Africans who

carried loads averaging 55 pounds each. At the peak of

the foot traffic that would develop between inland

areas and the coast, the busy way station recorded more

than a thousand porters passing by on a typical day.

 

Trade routes, disease routes

 

Ominously, something else followed the rubber trade

through Cameroon: disease. Sleeping sickness, smallpox

and skin infections were the most obvious.

 

Colonial authorities attempted mass inoculation

campaigns for smallpox and set up quarantine zones that

restricted where the porters were allowed to travel.

But even so, the diseases spread.

 

Among them was syphilis, which arrived with the

Europeans. In just a few years it reached epidemic

proportions along porter routes and riverside trading

posts in Cameroon and throughout the Congo Basin. It's

impossible now to determine how much of this spread

resulted from rapes as opposed to other kinds of

encounters, but it's clear that colonial commerce

created massive new networks of sexual interactions --

and massive new transmissions of infections. (In later

decades, transmission through the reuse of hypodermic

needles in medical care probably had some role in HIV's

spread as well.)

 

So HIV's first journey looked something like this: A

hunter killed an infected chimp in the southeastern

Cameroonian forest, and a simian virus entered his body

through a cut during the butchering, mutating into HIV.

 

This probably had happened many times before, during

the centuries when the region had little contact with

the outside world. But now thousands of porters -- both

men and women -- were crossing through the area

regularly, creating more opportunities for the virus to

travel onward to a riverside trading station such as Moloundou.

 

One of the first victims -- whether a hunter, a porter

or an ivory collector -- gave HIV to a sexual partner.

There may have been a small outbreak around the trading

station before the virus found its way aboard a

steamship headed down the Sangha River.

 

For this fateful journey south, HIV could have ridden

in the body of these first victims, or it could have

been somebody infected later: a soldier or a laborer.

Or it could have been carried by a woman: a concubine,

a trader.

 

It's also possible that the virus moved down the river

in a series of steps, maybe from Moloundou to Ouesso,

then onward to Bolobo on the Congo River itself.

 

There might even have been a series of infections at

trading towns along the entire route downriver. Yet

even within these riverside trading posts HIV would

have struggled to create anything more than a

short-lived, localized outbreak.

 

Most of this colonial world didn't have enough

potential victims for such a fragile virus to start a

major epidemic. HIV is harder to transmit than many

other infections. People can have sex hundreds of times

without passing the virus on. To spread widely, HIV

requires a population large enough to sustain an

outbreak and a sexual culture in which people often

have more than one partner, creating networks of

interaction that propel the virus onward.

 

To fulfill its grim destiny, HIV needed a kind of place

never before seen in Central Africa but one that now

was rising in the heart of the region: a big, thriving,

hectic place jammed with people and energy, where old

rules were cast aside amid the tumult of new commerce.

 

It needed Kinshasa. It was here, hundreds of miles

downriver from Cameroon, that HIV began to grow beyond

a mere outbreak. It was here that AIDS grew into an epidemic.

 

Laying the scientific story alongside the historical

one offers one final revelation. In the 1920s, as

railroads became widely available, the Sangha River's

value as a steamship route dwindled sharply. Global

rubber prices also collapsed. The pace of human

movement through the region eased.

 

So the improbable journey of the killer strain of HIV

was feasible for only a few hectic decades, from the

1880s to the 1920s. Without "The Scramble for Africa,"

it's hard to see how HIV could have made it out of

southeastern Cameroon to eventually kill tens of

millions of people. Even a delay might have caused the

killer strain of HIV to die a lonely death deep in the forest.

 

From "Tinderbox" by Craig Timberg and Daniel Halperin.

Reprinted by arrangement with The Penguin Press, a

member of Penguin Group (USA) inc. Copyright (c) Craig

Timberg and Daniel Halperin, 2012. Timberg, a former

foreign correspondent in Africa, is acting national

security editor of The Washington Post. Halperin was a

senior HIV prevention adviser in the U.S. government's

global AIDS program and is now an epidemiologist at the

University of North Carolina.

 

(c) The Washington Post Company