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Politics : American Presidential Politics and foreign affairs -- Ignore unavailable to you. Want to Upgrade?


To: Peter Dierks who wrote (2231)11/12/2005 2:14:56 AM
From: Peter Dierks  Respond to of 71588
 
A ban on aggressive interrogation would amount to unilateral disarmament in the war on terror.

Saturday, November 12, 2005 12:01 a.m. EST

If Osama bin Laden is alive and looking for signs of flagging U.S. will to fight the war on terror, he need look no further than our national debate about interrogating his compatriots and others who would do us harm.

Post-9/11, after all, it is hardly far-fetched to imagine a scenario in which our ability to extract information from a terrorist is the only thing that might prevent a bioterror attack or even the nuclear annihilation of an American city. And we know for a fact that information wrung from 9/11 mastermind Khalid Sheikh Mohammed and others has helped prevent further attacks on U.S. soil.

Yet according to many Bush Administration critics, the aggressive and stressful questioning techniques used successfully against the likes of KSM put the U.S. on a slippery slope to widespread "torture" and the prisoner abuses at Abu Ghraib. John McCain (R., Arizona) has pushed an amendment through the Senate that would effectively bar all stressful interrogation techniques. The danger for American security is that this would telegraph to every terrorist in the world that he has absolutely nothing to fear from silence should he fall into U.S. hands.

The McCain Amendment is driven by the so-called torture narrative: the proposition that CIA techniques for questioning high-level al Qaeda detainees somehow "migrated" to Iraq and caused the Abu Ghraib abuses. But the irony is that Congress is proposing this remedial overreaction at the very moment the evidence has become overwhelming that the torture narrative is false.

Former Defense Secretary Jim Schlesinger headed one of more than a dozen major inquiries into detainee abuse, and he explained last year that the Abu Ghraib abuses were simply sadistic behavior by poorly trained reservists on the "night shift." The victims weren't even intelligence targets. If that evidence wasn't conclusive enough, we now have the verdicts of the nine courts martial that punished the Abu Ghraib offenders, none of which found evidence to support the proposition that the abuses had anything to do with interrogations.

We aren't saying that there haven't been abuses--probably hundreds of them--of detainees in the war on terror. But there have also been more than 70,000 detainees. In other words, the rate of prisoner abuse compares favorably with the U.S. civilian detention system, and it is better than the rate in earlier conflicts such as Vietnam and even World War II. Alleged abuses have been routinely investigated, and punished when warranted in courts-martial that have revealed a military willing and able to police its own.

Unfortunately, the Bush Administration has done a perfectly awful job of defending its policy with such facts. And its reaction to the McCain Amendment has been to propose an unsatisfactory compromise whereby the CIA would be exempted from prohibitions on aggressive interrogation while many Defense Department methods would be barred. But U.S. tactics should be morally defensible based on who the detainee is, not which department is doing the interrogating.

In Iraq at this very moment the military is dealing with a hardened al Qaeda wing headed by Abu Musab al Zarqawi, whose un-uniformed fighters are not entitled to Geneva Convention protections against aggressive interrogation. Neither the McCain Amendment nor the Administration's reaction to it send a message of resolve to win that intelligence war.

Two persistent sources of confusion in this debate have been misreadings of the Geneva Conventions and sloppy (or willfully distorted) use of the word "torture." The Geneva Conventions are very strict about which detainees qualify for the protections of "prisoner of war" status: They must, for example, have fought in uniform and shown some respect for the laws of war, such as avoiding attacks on civilians.

What's more, any form of manipulation, including positive reinforcements such as better rations, are forbidden when it comes to interrogating legitimate POWs. Recognizing guerrillas and terrorists as POWs would be a form of unilateral disarmament, and, worse, would legitimize their behavior. The U.S. was respecting, not skirting, international law when it refused to classify them as such.

As for "torture," it is simply perverse to conflate the amputations and electrocutions Saddam once inflicted at Abu Ghraib with the lesser abuses committed by rogue American soldiers there, much less with any authorized U.S. interrogation techniques. No one has yet come up with any evidence that anyone in the U.S. military or government has officially sanctioned anything close to "torture." The "stress positions" that have been allowed (such as wearing a hood, exposure to heat and cold, and the rarely authorized "waterboarding," which induces a feeling of suffocation) are all psychological techniques designed to break a detainee.

Democratic Senators Ted Kennedy and Richard Durbin have gotten a lot of media mileage posturing over alleged "torture." But they should be asked unequivocally whether they'd rule out techniques such as "waterboarding" if there was good reason to believe it might prevent a mass-casualty attack.

That such "torture" demagoguery can be successfully challenged was demonstrated earlier this year, when Amnesty International was forced to back down from its odious comparison of U.S. detention facilities to the Soviet gulag. We wish the Administration directly challenged its Congressional critics. The American people are wise enough to understand that we can't win the war on terror without good intelligence, and that there won't be good intelligence without aggressive interrogations.

opinionjournal.com



To: Peter Dierks who wrote (2231)11/12/2005 2:18:09 AM
From: Peter Dierks  Respond to of 71588
 
Should the U.S. or the U.N. control the Internet? Here's a third way.

BY BRIAN M. CARNEY
Saturday, November 12, 2005 12:01 a.m. EST

It's been a good ride, this whole Internet thing. To hear its boosters tell it, the Net has, in addition to the porn, online poker and cheap drugs, given us democratized information, become a tool for the undermining of totalitarian regimes and given people in the farthest corners of the Earth a window on the wider world that would have been unthinkable before Al Gore invented the Internet (sic).

But all that is about to change--starting tomorrow. The bad news is that we can't really do anything about it. The good news is that the changes that are coming probably won't bring about the end of the Information Age, but merely its evolution.

Before we get to that, you're probably wondering what in the world is going on--surely if the whole Internet thing had been called off, there would have been a press release, right? Well, there was, but you may not have noticed. Tomorrow, in Tunis, Tunisia, the U.N. is hosting the World Summit on the Information Society. One of the goals of the summit is to advance the "internationalization" of what is known as "Internet governance."

Since its inception, the Internet has been a pretty American affair. Many fundamental aspects of its architecture are controlled by a California-based nonprofit corporation known as Icann, short for Internet Corp. for Assigned Names and Numbers. Icann was founded by the U.S. government and, many believe, is still controlled by it to some extent. For a lot of different reasons, that makes a lot of people mad. So, for several years now, the U.N., through events like tomorrow's summit, has been urging the U.S. to give control of Icann--or more precisely, of the root file that maps every Internet address and connects them to the names, like OpinionJournal.com, that we are all familiar with--to the U.N.'s wise stewardship.

The U.S. hates the idea, with good reason. An Internet "governed" by the U.N. could be expected to travel a familiar road. The countries with the greatest interest in regulating, limiting or controlling the Net would pull out the stops to put themselves on the governing board, and then use the U.N.'s imprimatur to justify the shackling of a once (more or less) free medium in the interests of cultural diversity, or "Asian values" or some other bromide.

That the Saudi Arabias, Chinas and Frances of the world would love to impose their own particular vision of what should and should not be available on the Internet should surprise no one. All the countries above have restricted or attempted to restrict Internet access. America, for its part, has engaged in aggressive enforcement against offshore gambling sites that are accessible from the U.S.

The U.S. is making apocalyptic predictions of what the U.N. would do if given control. Those predictions are probably optimistic; U.N. control would be a disaster. But there is a third way, as Mr. Gore might say. That alternative doesn't serve the interests of either the U.S. government, which enjoys the control it currently exercises, or its critics, who would much prefer to do their censoring under a multilateral umbrella. But if the U.S. continues its Internet brinkmanship, the third way will become not only likely, but inevitable.

That alternative is a fragmented Internet, without a single "root file" that describes the locations of everything on the Net. The U.S. government has led many to believe that this is equivalent to dismantling the Internet itself. But it is bluffing.

Here's how it might work. At some point, China will grow tired of the U.S. refusal to give up control to the U.N., and it will secede from the status quo. It will set up its own root server, tweaked to allow access only to those sites the government deems nonthreatening, and simply order every Internet service provider in the country to use it instead of Icann's. The change will be seamless to most users, but China will have set up its own private Net, one answerable to the people's revolutionaries rather than to the U.S. Commerce Department.

Others may follow suit. Root servers could spring up in France, or Cuba, or Iran. In time, the Internet might look less like the Internet and more like, say, the phone system, where there is no "controlling legal authority" on the international level. More liberal-minded countries would probably, if they did adopt a local root-server, allow users to specify which server they wanted to query when typing in, say, Microsoft.com.

As a technical means of content control, going "split root," as they say in the business, is too compelling for governments not to give it a try. But the user experience would likely be much the same as it ever was most of the time. ISPs, as well as most vaguely democratic governments, would have an interest in ensuring broad interoperability, just as no one in Saudi Arabia or China has yet decided that dialing +1-202-456-1414--the White House switchboard number--from those countries should go somewhere else, like Moammar Gadhafi's house. Nothing stops phone companies from doing things like that, except that the market expects a certain consistency in how phone calls are directed, so it is in the interests of the operators to supply what the market expects. The same principle would apply in a split-root world.

Would it be better if countries that want to muck around with the Net just didn't? Sure. But they do want to, and they will, and it would be far better, in the long run, if they did so on their own, without a U.N. agency to corrupt or give them shelter. It's time to drop the apocalyptic rhetoric about a split root file and start looking beyond the age of a U.S.-dominated Internet. Breaking up is hard to do, but in this case, the alternative would be worse.

Mr. Carney is a member of The Wall Street Journal's editorial board.

opinionjournal.com