EPA Add-On
Koncelik 8 — Joe Koncelik, Tucker Ellis LLP attorney specializing in Environmental Law & Climate Change & Energy, held positions of director, Assistant director, and Chief legal counsel at Ohio EPA, and Leadership in Energy and Environmental Design acquitted professional, 2008 (“Group Think on Obama's Environment and Climate Team,” Ohio Environmental Law, December 15th, available online at http://www.ohioenvironmentallawblog.com/2008/12/articles/air/group-think-on-obamas-environment-and-climate-team/ , accessed 7/14/15) JL
President Elect Obama has prided himself on appointing a mix of opinions in his cabinet and senior advisors. For example, his National Security team is made up a former political rival and a Republican from the Bush Administration. Obama has said he studied history and identified a possible issue in past presidencies is not fostering a diverse mix of opinions to debate policy. Here is what the President Elect said after making his National Security appointments:
“One of the dangers in a White House, based on my reading of history, is that you get wrapped up in groupthink, and everybody agrees with everything, and there's no discussion and there are not dissenting views,” Obama said, voicing a frequent criticism by some senior Bush-administration alumni.
“So I'm going to be welcoming a vigorous debate inside the White House. But I understand, I will be setting policy as president.
The diversity that was plainly evident in his Naitonal Security team seems to be missing on his Green Team. Carol Browner as Climate Czar and past senior managers at EPA will fill the other important environmental posts. The announced appointments have met with a mix of reviews. The USA Today praised the choice in an article title"Obama's Dream Green Team is Warmly Received."
One is a Nobel Prize winner overseeing research of alternative energy. The three others all have one thing in common: experience working for the Environmental Protection Agency...
"This is clearly a green dream team," said Gene Karpinski, head of the League of Conservation Voters, an environmental group. "These people have shown they can get the job done."
Obama has mustered an "impressive team of experienced and capable leaders," said Tom Kuhn, president of the Edison Electric Institute, a group representing electric companies.
As an opposing view, the Wall Street Journal blasted the environmental appointments in an editorial:
The EPA long ago became the government arm of the environment lobby, but Ms. Browner was especially political. During her EPA salad days, she put out air-pollution standards that even the agency itself said would have no measurable impact on public health, purely as antibusiness punishment. She forced GE to dredge the Hudson River of PCBs that posed no threat to the public. Ms. Browner also rewrote a law called New Source Review so that power plants, refineries and other industries were always breaking the particulate emissions rules....
As for the "team of rivals" hype, the rest of Mr. Obama's energy list is heavy with Ms. Browner's acolytes. Lisa Jackson, for 16 years a top EPA enforcement officer, will now run that agency. At the White House Council on Environmental Quality will be Nancy Sutley, who was Ms. Browner's special assistant at EPA.
The Washington Post noted the commonality in the appointments in their piece covering the appointments titled "Seasoned Regulators to Lead Obama Environment Program." :
Word of their appointment was greeted enthusiastically yesterday by some environmental groups. The League of Conservation Voters called the group a "green dream team."
Industry groups were more cautious. At the U.S. Chamber of Commerce, Vice President William Kovacs said the group worried that the new officials would use their power to limit greenhouse-gas emissions and impose painful new costs on energy use.
"I think that they could be aggressive, and we're hoping that they're really going to look at the circumstances" of the economic downturn, Kovacs said. "That is our biggest single concern, because literally all three of them have a regulatory bent."
Regardless of your opinions of any of appointments as individuals, it is hard to see a wide divergence of opinion emerging. While there is no doubt seasoned veterans are needed to develop and implement a game changer like climate change legislation, I agree with the President elect...a diversity of opinion is a valuable asset that can improve decision making.
Consensus driven policies affect the EPA
Orts & Deketelaere 1 — Eric W. Orts, Guardsmark Professor and Professor of Legal Studies and Business Ethics and Management at Wharton University of Pennsylvania, Director at the Initiative for Global Environmental Leadership and Kurt Deketelaere, Secretary-General of the League of European Research Universities, 2001 (“2.3 Improved Policy,” Environmental Contracts: Comparative Approaches to Regulatory Innovation in the United States and Europe, 2001, Available online at http://tinyurl.com/oetmtfs , accessed 7/14/15) JL
Empirical evidence to sustain the claim that consensus-based processes yield systematically better policies has yet to emerge.31 Moreover, as I discuss in Part 3 of this chapter, several pathologies can afflict consensus-based processes which will lead to inferior policy results. The existence of these pathologies alone provides reason to doubt whether consensus-based processes will tend to lead to better policies. Yet there are still other reasons to question whether structuring a dialogue around a quest for consensus will yield full disclosure and debate of policy issues. The fact that the group is charged with the task of achieving a consensus may actually inhibit some participants from raising important issues which seem at the time likely to hinder consensus-building. In his study of groupthink in government, Paul Hart writes that when policy decisions are based on consensus some participants "may refrain from voicing their concerns, either by self-discipline and a desire not to shatter group harmony (suppression of doubts) or following direct hints by the leader (compliance) or by fellow group members (mindguards; peer pressure). When consensus is no longer required, 32, group discussion can be more open. In regulatory negotiations, such inhibition does occur. In one case, for example, an EPA official told me that he knew industry was overlooking an entire category of equipment in setting consensus-based standards for equipment leaks, but that he never said a word about it during the negotiations. In another illustrative case, a citizen member of the Intel Project XL negotiation group reportedly signed the final agreement, but only reluctantly after "feeling pressure from all sides."33 Often what decision-makers need is conflict to illuminate policy issues most fully. The full articulation of opposing views may provide more useful information on which to construct public policy than the truncated discussion that can develop when individuals feel pressured to achieve consensus. Nevertheless, even if it could somehow be shown that consensus-building processes do yield better, more informed decisions, the question remains whether this benefit derives from, or depends on, consensus itself. On its face, it is the deliberation—not the consensus—which advocates claim yields the additional information needed to craft better policy decisions.
Groupthink leads to EPA decision failures — carbon emissions standards
O’Keefe 13 — William O’Keefe, Chief Executive Officer of the Marshall Institute and Chief Administrative Officer of the Center for Naval Analyses, previously held positions on the Board of Directors of the Kennedy Institute, the U.S. Energy Association, the Competitive Enterprise Institute and the Global Climate Coalition, 2013 (“Quit Digging,” George C. Marshall Institute: Science for Better Policy, December 26th, available online at http://marshall.org/energy-policy/quit-digging/ , accessed 7/14/15) JL
It is no secret that the Obama Administration has a war against coal and is using the boom in natural gas to pursue it. EPA has issued new performance standards that impose a 1,100 pound limit per megawatt hour on carbon emissions. The problem with this standard is that the most modern coal fired plant emits at least 1800 pounds. Since there is no know technology for limiting emissions to the new limit during combustion, utilities will have to remove carbon before it is released into the air. The only way to do that is to employ experimental carbon capture and storage technology which has not yet been demonstrated to work on the scale required by utilities or to be commercially viable.
That fact creates a problem for EPA because the Clean Air Act requires that EPA demonstrate that required technology be “adequately demonstrated” on a commercial scale and at a reasonable cost. According to the Journal, EPA achieved an impossible act by falsifying the literature and experience of carbon capture and storage.
How did the agency do this? By using bureaucratic legalese and contortions with the plain meaning of the english language as well some form of social intimidation to obtain support for its rule. Some forms of group action and pressure used to achieve cohesion produce what Irving Janis termed Group Think and Group which leads to bad decisions.
A sub-committee of the EPA’s Science Advisory Board (SAB) had doubts about the technical feasibility of carbon capture and storage and observed that EPA’s justification was speculative studies and models from DOE showing that sequestration works. EPA assured the sub-committee that the DOE studies had been carefully reviewed by “industry experts, academic and government research, and regulatory agencies.” Upon further inquiry, it turned out that the peer review was conducted by the EPA staff. That hardly meets the accepted standard for peer review.
None the less, when the full SAB met, it retreated and “tabled a vote on the working group’s recommendations.” That is where Group Think comes into play. According to Janis, Group Think is “concurrence-seeking as a form of striving for mutual support based on a powerful motivation in all group member to cope with the external or internal stresses of decision making.” Conformity, which means stifling dissent, is achieved by playing to the desire to be accepted and to avoid group sanctions for not conforming to a group’s desires. Remaining part of a prestigious group like the Science Advisory Board can lead to intellectual surrender and in the case of the 1,100 pound limit probably did.
The fact that the Wall Street Journal has blown the whistle on EPA may lead others to put EPA justifications for other ideological decisions it has made to constrain the use of fossil fuel under a microscope and expose them to disinfectant of sunlight.
Unfortunately, this example of putting ideology ahead of the law is just one more justification for growing public distrust of its government. Distrust, cynicism, and loss of credibility, if not reversed, will have even more corrosive effects on our system of government.
Faulty EPA decisions are expensive and dangerous — hurt the environment, undercut confidence in government agencies
Kovacs 5 — William L. Kovacs, vice president of the U.S. Chamber of Commerce's Environment, Technology, and Regulatory Affairs Division, 2005 (“Bad Data in EPA Databases Result in Bad Policy,” Heartlander, November 1st, available online at http://news.heartland.org/newspaper-article/2005/11/01/bad-data-epa-databases-result-bad-policy , accessed 7/14/15) JL
For more than three decades, the Environmental Protection Agency (EPA) has forced the U.S. business community to spend tens of billions of dollars unnecessarily in addressing what may be phantom risks. These "risks" are generated when faulty EPA databases are used in making decisions regarding such things as how to clean up Superfund sites, prepare risk assessments, determine which chemicals can be put in communities, clean up PCB in river sediments, deal with MTBE in groundwater, and resolve natural resource damage claims.
Database Trumps Truth — The root cause of the problem is regulatory decision-making driven by risk assessments based on faulty physical chemical property data disseminated by EPA. The problem arises when someone, often an EPA staffer, assigns an incorrect value or more than one value to the same property of a chemical listed in various databases. The chemical property value used in policy development is thus determined by whatever database is consulted, not by the chemical's correct value.
This situation benefits nobody. Having to spend more money than is truly needed to address an environmental problem leaves less money available to address other significant issues, such as health care or pensions, or even the identification of more serious health and safety issues. That is a poor way to ensure environmental protection. Mandating the use of data that are of poor quality also undercuts confidence in government agencies.
Moreover, while it is difficult to imagine that anyone, in government or business, would continue to use poor-quality data once informed of a problem, EPA has so far failed to address this matter even though it has been directly brought to its attention, including the identification of specific chemical inconsistencies in its databases.
Scientists Seek Improvement — The U.S. Chamber of Commerce is leading an effort to raise awareness of the problem and seek its correction.
The physical chemical data at issue are resident in databases and/or generated by models disseminated by EPA. Much of the data are faulty and, in some instances, egregiously so.
The problem was first reported by scientists at the U.S. Geological Survey (USGS), an arm of the U.S. Department of the Interior. Their analysis of physical chemical property data for the pesticide DDT and its metabolite DDE revealed the data are so bad they cannot be used to assess how these chemicals distribute in the environment. The USGS scientists attributed the data problem to EPA's failure to critically assess and assure data reliability.
Subsequently, a scientist at Eastman Kodak evaluated thousands of physical chemical property data entries for many chemicals identified in databases and models disseminated by EPA. That evaluation revealed much of the disseminated data are unreliable. There are inconsistencies among the databases and models and the individual data entries are of uncertain quality. (See "Addressing Data Conundrums," this page.)
The U.S. Chamber noted all these findings and verified them through Cambridge Environmental, a company that has strong expertise in performing such data evaluations. Having confirmed the problem is real, the U.S. Chamber on May 26, 2004 filed with EPA a Data Quality Act (DQA) Request for Correction of the faulty data. The DQA provides a mechanism for stakeholders to submit requests for correction of faulty data disseminated by federal government agencies.
EPA Slow in Responding — On January 12, 2005, in response to the U.S. Chamber's data correction request, EPA largely dismissed the group's concerns, asserting, for example, that it had transferred the copyright for the data, or that it placed a disclaimer on the data, or that it is up to the user, not EPA, to verify the correctness of data the government mandates using when performing a risk assessment.
On April 11, 2005, the U.S. Chamber responded by filing a request with EPA for reconsideration of its correction request, asking EPA to assemble an intergovernmental task force of federal agencies to address the issue. Many federal agencies rely on the disseminated data in establishing their chemical management policy positions. EPA's response was due on July 15, 2005, but it has since requested several extensions.
In the interim, scientists at the Swiss Federal Institute of Environmental Science and Technology and the Swiss Federal Institute of Technology--two highly respected science organizations--have submitted third-party communications to EPA in support of the U.S. Chamber's contentions that EPA is disseminating faulty data.
Whether EPA will adequately address the data quality issues raised by the U.S. Chamber and others remains to be seen. The U.S. Chamber contends that by working together, federal agencies might reach agreement on measures that can be undertaken to harmonize and improve the reliability of data used for regulatory purposes.
Improvement of the disseminated data could save business and industry many hundreds of millions and possibly billions of dollars in complying with environmental protection requirements. Using good quality data will also enhance EPA's reputation. Properly addressing health and safety issues requires the highest-quality data.
North Korea Add-On US blames North Korea for cyber-attacks — blame is ungrounded and influenced by groupthink
Zetter 14 — Kim Zetter, senior staff reporter at Wired covering cybercrime, privacy, and security, 2014 (“Experts Are Still Divided on Whether North Korea Is Behind Sony Attack,” Wired, December 23rd, Available online at http://www.wired.com/2014/12/sony-north-korea-hack-experts-disagree/, Accessed 7/16/15) JL
THE FBI ANNOUNCEMENT last week that it had uncovered evidence in the Sony hack pointing to North Korea appears to have settled the issue for a lot of people—in Washington, DC.
“As a result of our investigation,” the FBI announced, “and in close collaboration with other U.S. government departments and agencies, the FBI now has enough information to conclude that the North Korean government is responsible for these actions.”
But many on the West Coast, and beyond, are still skeptical of the evidence and the FBI’s claims. The announcement, after all, comes a mere three weeks into the investigation, and reverses a statement FBI Director James Comey had made just the week before that investigators had found nothing so far to tie the hack to the North Korean government. “Before we attribute a particular action to a particular actor,” he said, “we like to sort the evidence in a very careful way to arrive at a level of confidence that we think justifies saying ‘Joe did it’ or ‘Sally did it,’ and we’re not at that point yet.”
The FBI attributed the Sony hack to North Korea in part because it shares some code and components with hacks that were conducted in South Korea in 2013, which some have attributed to North Korea. They also cite as evidence the fact that IP addresses associated with North Korea contacted some of the command-and-control servers the Sony hackers used to communicate with malware on the Sony machines. Skeptics criticized the evidence saying it was inconclusive and failed to make the FBI’s case. The agency, however, maintains that it has other evidence it can’t disclose, raising questions about whether signals intelligence collected by NSA surveillance might have been used. Separately, a private security firm with ties to the FBI says it has additional clues that point to North Korea.
Let’s unpack these details. The U.S. Government’s Unprecedented Statement The government’s statement pointing to North Korea is unprecedented, marking the first time a government agency has formally blamed another nation for a cyber attack. When Google was hacked in 2010 by a sophisticated adversary, it wasn’t the government that accused China, but Google. The most Secretary of State Hilary Clinton did publicly at the time was to ask China to explain the claims. When the government has pointed a finger directly at other nations for hacks, it has generally come from individual officials speaking to the press, not from a formal press statement—let alone the president.
This seems to suggest that the government must have other evidence—beyond the FBI’s disclosed circumstantial evidence—that North Korea was responsible for the hack. Otherwise, why would the president agree to announce on TV that North Korea was the culprit?
Robert Graham, CEO of Errata Security, who has been a vocal skeptic of the government’s attribution, says he thinks the government is divided on the issue, but that certain parties forced a public statement.
“I don’t think the NSA is on board and I don’t think the entire FBI is on board, either,” he speculates. Rather, he thinks someone in a political position inside the FBI, not actual investigators, got hold of a report from Mandiant, the security firm hired to investigate Sony’s breach, which said that there were similarities to other attacks attributed to North Korea. These FBI insiders read this and “wanted it to be North Korea so much that they just threw away caution,” he suggests. The degree of attention focused on the Sony hack combined with “leaks” from anonymous government officials pointing the finger at North Korea made it a fait accompli that the administration would have to officially attribute the attack to North Korea. “There’s this whole group-think that happens, and once it becomes the message, it’s really hard to say no it’s not this,” Graham says.
US sanctions created in response to the attack despite lingering questions
Lee & Solomon 15 — Carol E. Lee, WSJ White House correspondent in the Washington bureau; and Jay Solomon, WSJ writer, covering international diplomacy, nuclear weapons proliferation, counter-terrorism and Middle East and Asian affairs, 2015 (“U.S. Targets North Korea in Retaliation for Sony Hack,” Wall Street Journal, January 3rd, Available online at http://www.wsj.com/articles/u-s-penalizes-north-korea-in-retaliation-for-sony-hack-1420225942, Accessed 7/16/15) JL
HONOLULU—The Obama administration renewed a U.S. campaign of financial pressure against North Korea, imposing sanctions against the country’s lucrative arms industry in what American officials said was a first step in retaliation for Pyongyang’s alleged cyberattack on Sony Pictures Entertainment.
President Barack Obama signed an executive order on Friday widening his authority to further punish a country that is already the world’s most isolated. The move returns the U.S. to a posture of open hostility with its oldest remaining Cold War adversary after the American leader last month initiated a détente with Cuba.
U.S. Statement on New Sanctions
Treasury Secretary Jacob Lew said the moves were designed to “further isolate key North Korean entities and disrupt the activities of close to a dozen critical North Korean operatives.” He said the U.S. would defend its businesses and citizens from “attempts to undermine our values or threaten the national security of the United States.”
The new moves come despite lingering questions over whether North Korea was behind the November attack by hackers who released thousands of embarrassing internal emails and threatened Sept. 11-like attacks on movie theaters if the studio released “The Interview,” a comedy about the assassination of North Korea’s leader Kim Jong Un. The Obama administration has discounted those attacks.
Some nongovernmental cybersecurity experts have challenged the U.S. conclusion that North Korea was behind the hacking, arguing the attack would make more sense as the work of an aggrieved former Sony employee. Some security researchers not involved in the Sony probe argue the government didn’t prove its case.
Sanctions spark US-North Korea hostility
Scanlon 15 — Charles Scanlon, BBC’s East Asia analyst & BBC journalist, 2015 (“Sony cyber-attack: North Korea calls US sanctions hostile,” BBC, January 4th, Available online at http://www.bbc.com/news/world-asia-30670884, Accessed 7/16/15) JL
It is thought to be the first time the US has moved to punish a country for a cyber-attack against a firm. North Korea has described new sanctions imposed in response to a major cyber-attack against Sony Pictures as part of a hostile and inflammatory US policy. The US placed sanctions on three North Korean organisations and 10 individuals after the FBI blamed Pyongyang for the cyber-attack. North Korea praised the attack on Sony but denied any involvement in it. It came as Sony was about to release The Interview, a comedy about a plot to assassinate North Korea's leader.
Sony initially cancelled plans to show the film, before deciding to release it online and at a limited number of cinemas. 'Inveterate repugnancy'The US sanctions imposed on Friday are believed to be the first time the US has moved to punish any country for cyber-attacks on a US company.Announcing them, White House officials told reporters the move was in response to the Sony hack, but the targets of the sanctions were not directly involved.
In response, the North's state-run KCNA news agency on Sunday quoted a foreign ministry spokesman as saying: "The policy persistently pursued by the US to stifle the DPRK [North Korea], groundlessly stirring up bad blood towards it, would only harden its will and resolution to defend the sovereignty of the country.
"The persistent and unilateral action taken by the White House to slap 'sanctions' against the DPRK patently proves that it is still not away from inveterate repugnancy and hostility toward the DPRK."
The North Korean statement says the US allegations that it was involved in the Sony hack are absurd, and it points to cyber experts in the West who also doubt its involvement. It says the US has been stung by the growing international scepticism and imposed sanctions to try to save face. North Korea warns the sanctions will be counter-productive as they encourage it to strengthen its military stance, including, by implication, its nuclear arsenal.But the involvement of the US Treasury Department in the measures is likely to cause some anxiety in Pyongyang. It has shown an ability in the past to disrupt revenue streams that are directly linked to the leadership.
President Barack Obama signed an executive order on Friday allowing sanctions. US sanctions were already in place over North Korea's nuclear programme but analysts said the new sanctions were designed to further isolate the country's defence industry. Those named in the sanctions were:The Reconnaissance General Bureau, North Korea's primary intelligence organization, North Korea's primary arms dealer, the Korea Mining Development Trading Corporation (Komid), Korea Tangun Trading Corporation, which supports North Korea's defence research, Jang Song Chol, a government official said to be a Komid representative in Russia, Kim Yong Chol, a government official said to be a Komid representative in Iran, Ryu Jin and Kang Ryong, both Komid officials in Syria, according to the US.
(I didn’t cut these last two cards; they’re from the HUMINT advantage, but they have impacts to North Korean war) North Korea prolif is accelerating now — recent submarine tests — also leads to Iranian acquisition
Huessy 6/11 (Peter, 2015, Peter Huessy is President of GeoStrategic Analysis, founded in 1981, and the senior defense consultant at the Air Force Association and National Security Fellow at the American Foreign Policy Council, “North Korea's Serious New Nuclear Missile Threat,” http://www.gatestoneinstitute.org/5914/north-korea-nuclear-missile)//RTF
North Korea appears to have made significant progress in extending its capability as a nuclear-armed rogue nation, to where its missiles may become capable of hitting American cities with little or no warning. What new evidence makes such a threat compelling? North Korea claims to have nuclear warheads small enough to fit on their ballistic missiles and missiles capable of being launched from a submerged platform such as a submarine. Shortly after North Korea's April 22, 2015 missile test, which heightened international concern about the military capabilities of North Korea, U.S. Secretary of State John Kerry urged China and our regional allies to restart the 2003 "six-party talks" aimed at eliminating nuclear weapons from the Korean peninsula and reining in North Korea's expanding nuclear missile program. There are some "experts," however, who believe that North Korea's threat is highly exaggerated and poses no immediate danger to the United States. Consequently, many believe that, given China's oft-repeated support for a "nuclear weapons free" Korean peninsula, time is on America's side to get an agreement that will guarantee just such a full de-nuclearization. But, if North Korea's technical advances are substantive, its missiles, armed with small nuclear weapons, might soon be able to reach the continental United States -- not just Hawaii and Alaska. Further, if such missile threats were to come from submarines near the U.S., North Korea would be able to launch a surprise nuclear-armed missile attack on an American city. In this view, time is not on the side of the U.S. Submarine-launched missiles come without a "return address" to indicate what country or terrorist organization fired the missile. The implications for American security do not stop there. As North Korea is Iran's primary missile-development partner, whatever North Korea can do with its missiles and nuclear warheads, Iran will presumably be able to do as well. One can assume the arrangement is reciprocal. Given recent warnings that North Korea may have upwards of 20 nuclear warheads, the United States seems to be facing a critical new danger. Would renewed negotiations with China, Japan, South Korea and North Korea really be able to address this threat? Two years ago, Andrew Tarantola and Brian Barrett said there was "no reason to panic;" that North Korea was "a long way off" -- in fact "years" -- before its missiles and nuclear weapons could be "put together in any meaningful way." At the same time, in April 2013, an official U.S. assessment by the Defense Intelligence Agency stated the U.S. had "moderate" confidence that "North Korea had indeed developed a nuclear device small enough to mount on a ballistic missile." That was followed up two years later, on April 7, 2015, when the commander of Northcom, Admiral Bill Gortney, one of the nation's leading homeland security defenders, said the threat was considerably more serious. He noted that, "North Korea has deployed its new road-mobile KN-08 intercontinental ballistic missile and was capable of mounting a miniaturized nuclear warhead on it."[1] At a Pentagon press briefing in April, Admiral Cecil Haney, Commander of the US Strategic Command and America's senior military expert on nuclear deterrence and missile defense, said it was important to take seriously reports that North Korea can now make small nuclear warheads and put them on their ballistic missiles.[2] And sure enough, in April, North Korea launched a ballistic missile from a submerged platform. Media reaction to the North Korean test has been confused. Reuters, citing the analysis of two German "experts," claimed the North Korean test was fake -- a not-too-clever manipulation of video images. The Wall Street Journal, on May 21, 2015, echoed this view, noting: "[F]or evidence of North Korea's bending of reality to drum up fears about its military prowess," one need look no further than a consensus that North Korea "doctored" pictures of an alleged missile test from a submarine. This, they claimed, was proof that the "technology developments" by North Korea were nothing more than elaborately faked fairy tales. However, Israeli missile defense expert Uzi Rubin -- widely known as the "father" of Israel's successful Arrow missile defense program -- explained to this author that previous North Korean missile developments, which have often been dismissed as nothing more than mocked-up missiles made of plywood, actually turned out to be the real thing -- findings confirmed by subsequent intelligence assessments. Rubin, as well as the South Korean Defense Ministry, insist that on April 22, the North Korean military did, in fact, launch a missile from a submerged platform.[3] Kim Jong Un, the "Supreme Leader" of North Korea, supervises the April 22 test-launch of a missile from a submerged platform. (Image source: KCNA) What gave the "faked" test story some prominence were the misunderstood remarks of the Vice Chairman of the Joint Chiefs of Staff, Admiral James Winnefeld. He had said, on May 19, that the North Korean missile launch was "not all" that North Korea said it was. He also mentioned that North Korea used clever video editors to "crop" the missile test-launch images. Apparently, that was exactly what the editors did. The Admiral, however, never claimed in his speech at the Center for Strategic and International Studies there had been no successful missile test.[4] The same day, a high-ranking State Department official, Frank Rose -- Assistant Secretary of State for Arms Control, Verification, and Compliance -- told a Korean security seminar on Capitol Hill that North Korea had successfully conducted a "missile ejection" test, but from an underwater barge rather than a submarine.[5] To confuse matters further, additional pictures were released by the South Korean media to illustrate stories about the North Korean test. Those pictures, however, were of American missiles, which use both solid and liquid propellant; as a result, one photo showed a U.S. missile with a solid propellant smoke trail and one, from a liquid propellant, without a smoke trail. These photographs apparently befuddled Reuters' "experts," who may have jumped to the conclusion that the photos of the North Korean test were "faked," when they were simply of entirely different missile tests, and had been used only to "illustrate" ocean-going missile launches and not the actual North Korean test.[6] According to Uzi Rubin, to achieve the capability to eject a missile from an underwater platform is a significant technological advancement. The accomplishment again illustrates "that rogue states such as North Korea can achieve military capabilities which pose a notable threat to the United States and its allies." Rubin also stated that the North Korean underwater launch test was closely related to the development of a missile-firing submarine, "a first step in achieving a very serious and dangerous new military capability."[7] Admiral Winnefeld and Secretary Rose, in their remarks, confirmed that the North Korean test was not the "dog and pony show" some have claimed. In other words, the U.S. government has officially confirmed that the North Koreans have made a serious step toward producing a sea-launched ballistic missile capability. While such an operational capability may be "years away," Rubin warns that "even many years eventually pass, and it will also take many years to build up the missile defenses, so we had better use the time wisely."[8] Will diplomacy succeed in stopping the North Korean threats? U.S. Secretary of State John Kerry seemed to think it worth a try; so he began the push to restart the old 2003 "six-party" talks between the United States, North Korea, Russia, China, South Korea and Japan, to bring North Korea's nuclear weapons under some kind of international control and eventual elimination. After all, supporters of such talks claim, similar talks with Iran appear to be leading to some kind of "deal" with Tehran, to corral its nuclear weapons program, so why not duplicate that effort and bring North Korea back into the non-nuclear fold? What such a "deal," if any, with Iran, will contain, is at this point unknown. Celebrations definitely seem premature. If the "deal" with North Korea is as "successful" as the P5+1's efforts to rein in Iran's illegal nuclear weapons program, the prognosis for the success of diplomacy could scarcely be more troubling. Bloomberg's defense writer, Tony Carpaccio, reflecting Washington's conventional wisdom, recently wrote that of course China will rein in North Korea's nuclear program: "What might be a bigger preventative will be the protestations of China, North Korea's primary trade partner and only prominent international ally. Making China angry would put an already deeply impoverished, isolated North Korea in even more dire straits." Unfortunately, no matter how attractive a strategy of diplomatically ending North Korea's nuclear program might look on the surface, it is painfully at odds with China's established and documented track record in supporting and carrying out nuclear proliferation with such collapsed or rogue states as Iran, Syria, Pakistan, North Korea and Libya, as detailed by the 2009 book The Nuclear Express, by Tom C. Reed (former Secretary of the Air Force under President Gerald Ford and Special Assistant to the President of National Security Affairs during the Ronald Reagan administration) and Daniel Stillman (former Director of the Lawrence Livermore National Laboratory). Far from being a potential partner in seeking a non-nuclear Korean peninsula, China, say the authors, has been and is actually actively pushing the spread of nuclear weapons to rogue states, as a means of asserting Chinese hegemony, complicating American security policy and undermining American influence. The problem is not that China has little influence with North Korea, as China's leadership repeatedly claims. The problem is that China has no interest in pushing North Korea away from its nuclear weapons path because the North Korean nuclear program serves China's geostrategic purposes. As Reed and Stillman write, "China has been using North Korea as the re-transfer point for the sale of nuclear and missile technology to Iran, Syria, Pakistan, Libya and Yemen". They explain, "Chinese and North Korean military officers were in close communication prior to North Korea's missile tests of 1998 and 2006". Thus, if China takes action to curtail North Korea's nuclear program, China will likely be under pressure from the United States and its allies to take similar action against Iran and vice versa. China, however, seems to want to curry favor with Iran because of its vast oil and gas supplies, as well as to use North Korea to sell and transfer nuclear technology to both North Korea and Iran, as well as other states such as Pakistan. As Reed again explains, "China has catered to the nuclear ambitions of the Iranian ayatollahs in a blatant attempt to secure an ongoing supply of oil". North Korea is a partner with Iran in the missile and nuclear weapons development business, as Uzi Rubin has long documented. Thus, it is reasonable to believe that China may see any curtailment of North Korea's nuclear program as also curtailing Iran's access to the same nuclear technology being supplied by North Korea. Any curtailment would also harm the Chinese nuclear sales business to Iran and North Korea, especially if China continues to use the "North Korea to Iran route" as an indirect means of selling its own nuclear expertise and technology to Iran. It is not as if Chinese nuclear proliferation is a recent development or a "one of a kind" activity. As far back as 1982, China gave nuclear warhead blueprints to Pakistan, according to Reed. These findings indicate that China's nuclear weapons proliferation activities are over three decades old.[9] Reed and Stillman also note that nearly a decade later, China tested a nuclear bomb "for Pakistan" on May 26, 1990, and that documents discovered in Libya when the George W. Bush administration shut down Libyan leader Muammar Kaddafi's nuclear program revealed that China gave Pakistan the CHIC-4 nuclear weapon design. Unfortunately, China's nuclear assistance to Pakistan did not stay just in Pakistan. The nuclear technology made its way from Pakistan to North Korea. For example, high explosive craters, construction of a 50 megawatt nuclear reactor (finished in 1986) and a secret reprocessing facility begun in 1987 all were done in North Korea with major Pakistani help from the A.Q. Khan "Nukes R Us" smuggling group, as Reed and Stillman document in their book. Reed and Stillman write that when, amid disclosures in 2003 of a major Libyan nuclear weapons program, the U.S. government sought help in shutting down the Khan nuclear smuggling ring, "Chinese authorities were totally unhelpful, to the point of stonewalling any investigation into Libya's nuclear supply network." More recently, Chinese companies have now twice -- in 2009 and 2011 -- been indicted by the Attorney for the City of New York for trying to provide Iran with nuclear weapons technology. The indictments document that Chinese companies were selling Iran steel for nuclear centrifuges and other banned technology. A leaked State Department cable, discussing the indictments at the time, revealed "details on China's role as a supplier of materials for Iran's nuclear program," and that "China helped North Korea ship goods to Iran through Chinese airports." And more recently, in April 2015, the Czech government interdicted additional nuclear technology destined for Iran -- the origin of which remains unknown -- in violation of current sanctions against Iran. From 1982 through at least the first part of 2015, the accumulation of documentary evidence on nuclear proliferation reveals two key facts: First, despite literally hundreds of denials by Iran that it is seeking nuclear weapons, and amid current negotiations to end Iran's pursuit of nuclear weapons, there is solid evidence that Iran still seeks nuclear weapons technology; and that North Korea has nuclear weapons and is advancing their capability. Second, China continues to transfer, through its own territory, nuclear weapons technology involving both North Korea and Iran. Although the Chinese profess to be against nuclear proliferation, their track record from the documented evidence illustrates just the opposite. In summary, it is obvious North Korea's nuclear weapons and ballistic missiles are a serious threat to America and its allies. And China, from its proliferation record for the past three decades, is making such a threat more widespread. In this light, is dismissing North Korea's advances in military technology and ignoring China's record of advancing its neighbors' nuclear weapons technology really best for U.S. interests?
That causes miscalc — leads to global nuclear war
Metz 13 – Chairman of the Regional Strategy and Planning Department and Research Professor of National Security Affairs at the Strategic Studies Institute (Steven, 3/13/13, “Strategic Horizons: Thinking the Unthinkable on a Second Korean War,” http://www.worldpoliticsreview.com/articles/12786/strategic-horizons-thinking-the-unthinkable-on-a-second-korean-war)
Today, North Korea is the most dangerous country on earth and the greatest threat to U.S. security. For years, the bizarre regime in Pyongyang has issued an unending stream of claims that a U.S. and South Korean invasion is imminent, while declaring that it will defeat this offensive just as -- according to official propaganda -- it overcame the unprovoked American attack in 1950. Often the press releases from the official North Korean news agency are absurdly funny, and American policymakers tend to ignore them as a result. Continuing to do so, though, could be dangerous as events and rhetoric turn even more ominous. In response to North Korea's Feb. 12 nuclear test, the U.N. Security Council recently tightened existing sanctions against Pyongyang. Even China, North Korea's long-standing benefactor and protector, went along. Convulsed by anger, Pyongyang then threatened a pre-emptive nuclear strike against the United States and South Korea, abrogated the 1953 armistice that ended the Korean War and cut off the North-South hotline installed in 1971 to help avoid an escalation of tensions between the two neighbors. A spokesman for the North Korean Foreign Ministry asserted that a second Korean War is unavoidable. He might be right; for the first time, an official statement from the North Korean government may prove true. No American leader wants another war in Korea. The problem is that the North Koreans make so many threatening and bizarre official statements and sustain such a high level of military readiness that American policymakers might fail to recognize the signs of impending attack. After all, every recent U.S. war began with miscalculation; American policymakers misunderstood the intent of their opponents, who in turn underestimated American determination. The conflict with North Korea could repeat this pattern. Since the regime of Kim Jong Un has continued its predecessors’ tradition of responding hysterically to every action and statement it doesn't like, it's hard to assess exactly what might push Pyongyang over the edge and cause it to lash out. It could be something that the United States considers modest and reasonable, or it could be some sort of internal power struggle within the North Korean regime invisible to the outside world. While we cannot know whether the recent round of threats from Pyongyang is serious or simply more of the same old lathering, it would be prudent to think the unthinkable and reason through what a war instigated by a fearful and delusional North Korean regime might mean for U.S. security. The second Korean War could begin with missile strikes against South Korean, Japanese or U.S. targets, or with a combination of missile strikes and a major conventional invasion of the South -- something North Korea has prepared for many decades. Early attacks might include nuclear weapons, but even if they didn't, the United States would probably move quickly to destroy any existing North Korean nuclear weapons and ballistic missiles. The war itself would be extremely costly and probably long. North Korea is the most militarized society on earth. Its armed forces are backward but huge. It's hard to tell whether the North Korean people, having been fed a steady diet of propaganda based on adulation of the Kim regime, would resist U.S. and South Korean forces that entered the North or be thankful for relief from their brutally parasitic rulers. As the conflict in Iraq showed, the United States and its allies should prepare for widespread, protracted resistance even while hoping it doesn't occur. Extended guerrilla operations and insurgency could potentially last for years following the defeat of North Korea's conventional military. North Korea would need massive relief, as would South Korea and Japan if Pyongyang used nuclear weapons. Stabilizing North Korea and developing an effective and peaceful regime would require a lengthy occupation, whether U.S.-dominated or with the United States as a major contributor. The second Korean War would force military mobilization in the United States. This would initially involve the military's existing reserve component, but it would probably ultimately require a major expansion of the U.S. military and hence a draft. The military's training infrastructure and the defense industrial base would have to grow. This would be a body blow to efforts to cut government spending in the United States and postpone serious deficit reduction for some time, even if Washington increased taxes to help fund the war. Moreover, a second Korean conflict would shock the global economy and potentially have destabilizing effects outside Northeast Asia. Eventually, though, the United States and its allies would defeat the North Korean military. At that point it would be impossible for the United States to simply re-establish the status quo ante bellum as it did after the first Korean War. The Kim regime is too unpredictable, desperate and dangerous to tolerate. Hence regime change and a permanent ending to the threat from North Korea would have to be America's strategic objective. China would pose the most pressing and serious challenge to such a transformation of North Korea. After all, Beijing's intervention saved North Korean dictator Kim Il Sung after he invaded South Korea in the 1950s, and Chinese assistance has kept the subsequent members of the Kim family dictatorship in power. Since the second Korean War would invariably begin like the first one -- with North Korean aggression -- hopefully China has matured enough as a great power to allow the world to remove its dangerous allies this time. If the war began with out-of-the-blue North Korean missile strikes, China could conceivably even contribute to a multinational operation to remove the Kim regime. Still, China would vehemently oppose a long-term U.S. military presence in North Korea or a unified Korea allied with the United States. One way around this might be a grand bargain leaving a unified but neutral Korea. However appealing this might be, Korea might hesitate to adopt neutrality as it sits just across the Yalu River from a China that tends to claim all territory that it controlled at any point in its history. If the aftermath of the second Korean War is not handled adroitly, the result could easily be heightened hostility between the United States and China, perhaps even a new cold war. After all, history shows that deep economic connections do not automatically prevent nations from hostility and war -- in 1914 Germany was heavily involved in the Russian economy and had extensive trade and financial ties with France and Great Britain. It is not inconceivable then, that after the second Korean War, U.S.-China relations would be antagonistic and hostile at the same time that the two continued mutual trade and investment. Stranger things have happened in statecraft.
North Korea Extensions US intentionally ignores South Korean spying in targeting the North, despite lack of evidence
Harris 15 — Shane Harris, American journalist and author at Foreign Policy magazine, specializing in coverage of America's intelligence agencies, current ASU Future of War Fellow at New American Foundation, 2015 (“Our South Korean Allies Also Hack the U.S.—and We Don’t Seem to Care,” The Daily Beast, January 21st, Available online at http://www.thedailybeast.com/articles/2015/01/21/the-other-korea-is-hacking-us-and-we-don-t-seem-to-care.html, Accessed 7/16/15) JL
South Korea’s online espionage program may be primarily focused on the North, but it’s also targeting the United States—and the U.S. government isn’t making a stink about it. Lost in the kerfuffle over North Korea’s hacking of Sony is this little irony: South Korea, the Hermit Kingdom’s main rival and a stalwart ally of the United States, has also been cyberspying on America.South Korea has an active online espionage program that is primarily aimed at the North but also has been “targeting us,” according to a newly disclosed internal National Security Agency document. The United States couldn’t be surprised to find that Seoul had eyes on its key ally and defender in the region. South Korea has a long history of spying on the United States, primarily to steal military and commercial technology.
The NSA document, which was included in the trove of classified files leaked by ex-NSA contractor Edward Snowden and published last week by Der Spiegel, includes a first-person account from an unnamed NSA employee who says the agency was aware of South Korea’s hacking operations but not “super interested” in them until they were ramped up “a bit more” against the United States. The document is undated but makes reference to an NSA manual published in 2007. It gives no indication why South Korea stepped up its cyberspying on the United States.
At the time the NSA noticed the increased hacking activity, the agency’s access to North Korean computer networks was “next to nothing,” the employee states. But the South had been hacking into the North’s systems. Proving that turnabout is indeed fair play, the NSA decided to piggyback on the South Korean hackers and use their already planted bugs to siphon data off North Korea’s computers. “There’s a saying in intelligence that ‘Countries don’t have friends, they have interests.’”
The document doesn’t specify whether South Korea’s hackers were targeting the U.S. government or corporations, and it treats the spying as an aside in the story of how the NSA went on to launch its own hacking offensive against North Korea. As The Daily Beast previously reported, those efforts have been going on for years and were crucial to helping the U.S. government definitively pin the blame for the Sony hack on North Korea. The New York Times reported this week that the NSA began hacking into the North’s networks in 2010.
In 1996, Robert Kim, a U.S. naval intelligence officer, was arrested after handing classified documents over to South Korea. From 2007 to 2012, the Justice Department brought charges in at least five major cases involving South Korean corporate espionage against American companies. Among the accused was a leading South Korean manufacturer that engaged in what prosecutors described as a “multi-year campaign” to steal the secret to DuPont’s Kevlar, which is used to make bulletproof vests.
All of the cases involved corporate employees, not government officials, but the technologies that were stolen had obvious military applications. South Korean corporate spies have targeted thermal imaging devices and prisms used for guidance systems on drones. One spy confessed to stealing components for a massive, Gatling gun-style cannon that fires 20mm rounds, known as the M61 Vulcan.
But South Korea has gone after commercial tech, as well. A 2005 report published by Cambridge University Press identified South Korea as one of five countries, along with China and Russia, that had devoted “the most resources to stealing Silicon Valley technology.”
Attacks can’t be connected to North Korea — more likely insider attack
Perlroth 14 — Nicole Perlroth, technology reporter for the New York Times and voted top cybersecurity journalist by the SANS Institute, Princeton & Stanford School of Journalism graduate, 2014 (“Was North Korea Really Responsible for Hacking Sony’s Computers,” New York Times, December 24th, http://bits.blogs.nytimes.com/2014/12/24/new-study-adds-to-skepticism-among-security-experts-that-north-korea-was-behind-sony-hack/?_r=0, Accessed 7/16/15) JL
A number of private security researchers are increasingly voicing doubts that the hack of Sony‘s computer systems was the work of North Korea. …
Security researchers say they need more proof. “Essentially, we are being left in a position where we are expected to just take agency promises at face value,” Marc Rogers, a security researcher at CloudFlare, the mobile security company, wrote in a post Wednesday. “In the current climate, that is a big ask.”
Mr. Rogers, who doubles as the director of security operations for DefCon, an annual hacker convention, and others like Bruce Schneier, a prominent cryptographer and blogger, have been mining the meager evidence that has been publicly circulated, and argue that it is hardly conclusive.
For one, skeptics note that the few malware samples they have studied indicate the hackers routed their attack through computers all over the world. One of those computers, in Bolivia, had been used by the same group to hack targets in South Korea. But that computer, as well as others in Poland, Italy, Thailand, Singapore, Cyprus and the United States, were all freely available to anyone to use, which opens the list of suspects to anyone with an Internet connection and basic hacking skills.
For another, Sony’s attackers constructed their malware on computers configured with Korean language settings, but skeptics note that those settings could have been reset to deflect blame. They also note the attackers used commercial software wiping tools that could have been purchased by anyone.
They also point out that whoever attacked Sony had a keen understanding of its computer systems — the names of company servers and passwords were all hard-coded into the malware — suggesting the hackers were inside Sony before they launched their attack. Or it could even have been an inside job.
And then there’s the motive. Government officials claim the Sony attacks were retaliation for “The Interview,” a feature film about two bumbling journalists hired by the C.I.A. to assassinate North Korea’s leader. In a letter last June, North Korea’s ambassador to the United Nations called the film “an act of war.” But naysayers point out that, as far as they can tell, Sony’s attackers did not mention the film as motivation until that theory percolated in the media.
The simpler explanation is that it was an angry “insider,” Mr. Rogers wrote. “Combine that with the details of several layoffs that Sony was planning, and you don’t have to stretch the imagination too far to consider that a disgruntled Sony employee might be at the heart of it all.”
On Wednesday, one alternate theory emerged. Computational linguists at Taia Global, a cybersecurity consultancy, performed a linguistic analysis of the hackers’ online messages — which were all written in imperfect English — and concluded that based on translation errors and phrasing, the attackers are more likely to be Russian speakers than Korean speakers.
Shlomo Argamon, Taia’s Global’s chief scientist, said in an interview Wednesday that the research was not a quantitative, computer analysis. Mr. Argamon said he and a team of linguists had mined hackers’ messages for phrases that are not normally used in English and found 20 in total. Korean, Mandarin, Russian and German linguists then conducted literal word-for-word translations of those phrases in each language. Of the 20, 15 appeared to be literal Russian translations, nine were Korean and none matched Mandarin or German phrases.
Mr. Argamon’s team performed a second test of cases where hackers used incorrect English grammar. They asked the same linguists if five of those constructions were valid in their own language. Three of the constructions were consistent with Russian; only one was a valid Korean construction.
“Korea is still a possibility, but it’s much less likely than Russia,” Mr. Argamon said of his findings. …
It is also worth noting that other private security researchers say their own research backs up the government’s claims. CrowdStrike, a California security firm that has been tracking the same group that attacked Sony since 2006, believes they are located in North Korea and have been hacking targets in South Korea for years.
But without more proof, skeptics are unlikely to simply demur to F.B.I. claims. “In the post-Watergate post-Snowden world, the USG can no longer simply say ‘trust us’,” Paul Rosenzweig, the Department of Homeland Security’s former deputy assistant secretary for policy, wrote on the Lawfare blog Wednesday. “Not with the U.S. public and not with other countries. Though the skepticism may not be warranted, it is real.”
Mr. Rosenzweig argued that the government should release more persuasive evidence. “Otherwise it should stand silent and act (or not) as it sees fit without trying to justify its actions. That silence will come at a significant cost, of course — in even greater skepticism. But if the judgment is to disclose, then it must me more fulsome, with all the attendant costs of that as well.”
More likely an insider attack
Biddle 14 — Sam Biddle, Gawker reporter, 2014 (“A Lot of Smart People Think North Korea Didn’t Hack Sony,” Gawker, December 22nd, Available online at http://gawker.com/a-lot-of-smart-people-think-north-korea-didnt-hack-sony-1672899940, Accessed 7/16/15) JL
Independent, skeptical security experts have been poking holes in this theory for days now. Evidence provided by the FBI last week in an official accusation against the North Korean government was really more of a reference to evidence—all we got were bullet points, most of them rehashing earlier clues. It still doesn’t seem like enough to definitively pin the attacks to North Korea. Security consultant Dan Tentler didn’t take long to brush off the FBI’s points. But the weightiest rebuttal of the case against North Korea has come from renowned hacker, DEFCON organizer, and CloudFlare researcher Marc Rogers, who makes a compelling case of his own.
The broken English looks deliberately bad and doesn’t exhibit any of the classic comprehension mistakes you actually expect to see in “Konglish”. i.e it reads to me like an English speaker pretending to be bad at writing English. …
It’s clear from the hard-coded paths and passwords in the malware that whoever wrote it had extensive knowledge of Sony’s internal architecture and access to key passwords. While it’s plausible that an attacker could have built up this knowledge over time and then used it to make the malware, Occam’s razor suggests the simpler explanation of an insider. It also fits with the pure revenge tact that this started out as.
“The attackers only latched onto ‘The Interview’ after the media did – the film was never mentioned by GOP right at the start of their campaign. It was only after a few people started speculating in the media that this and the communication from DPRK “might be linked” that suddenly it became linked.”“
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