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For Immediate Release
May, 15 2015, 04:30pm EDT
Contact:
Brian Wesolowski,Director of Communications,press@cdt.org,+1 (202) 407-8814
CDT Files Motion to Intervene in Support of Open Internet Order
WASHINGTON
Today, the Center for Democracy & Technology (CDT) filed a motion to intervene in the U.S. Court of Appeals for the D.C. Circuit in support of the FCC's Open Internet Order, which adopts strong, effective rules to protect an open Internet and places those rules on a solid legal foundation. CDT joins a group of potential interveners, including edge providers and other public interest organizations, committed to ensuring that the FCC's rules survive judicial scrutiny.
"The Open Internet Order puts in place bright-line rules against blocking, throttling, or paid prioritization of internet traffic. It also paves the way for privacy protections to ensure that internet users have a clear understanding and choice in how broadband providers use or share information about where they go and what they do online," said Erik Stallman, CDT General Counsel.
"The FCC carefully reviewed a complete record in the Open Internet proceeding and clearly explained its approach for putting in place meaningful open Internet protections. They came out with the right decision and best path forward for consumers. We are committed to helping ensure that the Order withstands legal review," Stallman added.
CDT actively participated in the proceedings leading up to the FCC's adoption of the Order, and by joining the effort to defend the Order, will continue its advocacy efforts to protect the open, free, and innovative internet.
The Center for Democracy and Technology works to promote democratic values and constitutional liberties in the digital age. With expertise in law, technology, and policy, CDT seeks practical solutions to enhance free expression and privacy in global communications technologies. CDT is dedicated to building consensus among all parties interested in the future of the Internet and other new communications media.
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'Pathetic': France Says It Will Not Enforce ICC Arrest Warrant for Netanyahu
"So they will apply this to Putin as well?" asked one political analyst.
Nov 27, 2024
A day after French Prime Minister Michel Barnier told Parliament that the government would fulfill its obligations as a state party to the Rome Statute and uphold the International Criminal Court's arrest warrants for top Israeli officials, the country's Foreign Ministry announced it would not detain the two officials if they set foot in France.
The Foreign Ministry claimed Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant have "immunities" because Israeli is not a party to the Rome Statue and doesn't recognize the authority of the ICC.
"Such immunities apply to Prime Minister Netanyahu and other ministers concerned and will have to be taken into account if the ICC were to ask us to arrest and surrender," said the ministry.
The ICC issued the warrants on November 21, saying it had found "reasonable grounds to believe" that Netanyahu and Gallant have intentionally deprived civilians in Gaza of food, water, medicine, and other essentials since Israel began its bombardment of the enclave in October 2023 and its near-total blockade on humanitarian aid.
ICC prosecutor Karim Khan has accused Netanyahu and Gallant, as well as a Hamas leader, of crimes against humanity and war crimes.
Article 27 of the Rome Statute states that all people subject to arrest warrants are equal before the ICC, including heads of state.
Article 98 has been invoked as a "loophole" by state parties in the past when governments have refused to arrest other leaders whose countries do not recognize the ICC; it states that the court can't request the arrest of a non-ICC official if the arrest would require an ICC member to violate its international law obligations on immunity.
But the ICC rejected Jordan's Article 98 claim when it refused to arrest former Sudanese head of state Omar al-Bashir in 2017 and Mongolia's when it refused to turn over Russian President Vladimir Putin earlier this year.
"No international court has ever found that a head of state or high ranking individual has immunity before it, and Article 27 was meant to codify that principle," said Leila Sadat, former ICC special advisor on crimes against humanity, told Middle East Eye.
Former HRW executive director Kenneth Roth suggested the ICC should reject France's claim that Netanyahu has immunity, asking if French President Emmanuel Macron would also allow Bashir or Burmese army general Min Aung Hlang to walk free.
"So they will apply this to Putin as well?" added political analyst Yousef Munayyer.
The Middle East Monitorreported that France's statement on Wednesday came after a phone call between Netanyahu and Macron following the ICC's announcement last week.
RMC Radio reported that Macron told the Israeli prime minister that France "would uphold international law and noted that judges could grant immunity to heads of state."
Amichai Stein of the Israeli public broadcasting network KANN reported that senior U.S. and Israeli officials pressured France to make the statement on Wednesday, saying Macron's government would not take a leading role in Tuesday's Israel-Lebanon cease-fire deal unless France asserted it would not arrest Netanyahu and Gallant.
Matt Duss of the Center for International Policy called France's announcement "pathetic" and urged "more legal sanctions against Netanyahu and other ministers as quickly as possible," noting that the ICC warrants "apparently worked as leverage" to secure the cease-fire.
European Union foreign policy chief Josep Borrell said immediately after the ICC warrants were announced that "decisions are binding on all states party to the Rome Statute, which includes all E.U. Member States."
But as HRW noted, along with France's announcement on Wednesday, Hungarian Prime Minister Viktor Orban has invited Netanyahu to Hungary and has said he wouldn't face arrest there, even though the country is a party to the Rome Statute.
"Ensuring the ICC has the ability to implement arrest warrants will require defending the court against external pressure and coercive measures. That means that right now E.U. support for arrests should include preparedness to adopt measures to protect the court from possible U.S. sanctions," wrote Alice Autin of HRW's Communications and International Justice Program.
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Is Bernie Sanders Launching a Third Party? 'Not Right Now, No'
"Real change in this country will come about when an organized working class leads the fight for justice," the Vermont senator said in a new interview.
Nov 27, 2024
An email Sen. Bernie Sanders sent to supporters this past weekend fueled speculation that he could be laying the groundwork for a new political party in the wake of Democrats' crushing defeat in the 2024 election.
But in an interview with The Nation's John Nichols published Tuesday, Sanders (I-Vt.) said that he's not considering forming a party to challenge the entrenched Democratic and Republican establishments—at least not at the moment.
"Not right now, no," Sanders told Nichols, who asked the senator directly about his email to supporters and whether he intends to create a new party.
The senator argued in the email it is "highly unlikely" that the Democratic leadership will "learn the lessons of their defeat and create a party that stands with the working class and is prepared to take on the enormously powerful special interests that dominate our economy, our media, and our political life."
Sanders, who caucuses with the Democrats in the Senate, told Nichols that while he's not currently backing the creation of a new party, he is making the case that "where it is more advantageous to run as an Independent, outside of the Democratic primary process, we should do that." He also emphasized the need for more working-class candidates across the country.
"Real change in this country will come about when an organized working class leads the fight for justice. We need working-class candidates to help us do that."
The senator said the upstart campaign of Independent Dan Osborn—a union steamfitter who launched an unexpectedly close challenge to two-term Sen. Deb Fischer (R-Neb.) while shunning the state's Democratic establishment—"should be looked at as a model for the future."
"He took on both political parties," Sanders said of Osborn, who outperformed Vice President Kamala Harris by 14 percentage points in Nebraska and is now launching a PAC aimed at helping working-class candidates run for office.
"He took on the corporate world," Sanders continued. "He ran as a strong trade unionist. Without party support, getting heavily outspent, he got through to working-class people all over Nebraska. It was an extraordinary campaign, and it tells me that the American people are sick and tired of seeing the rich getting richer. They think billionaires dominate both political parties. They want real change, and Dan's campaign raised those issues in a very significant way."
Since Trump's victory earlier this month, Sanders has been scathing in his assessment of the current state of the Democratic Party and its long-term trajectory as it hemorrhages working-class support.
"The Democratic Party is, increasingly, a party dominated by billionaires, run by well-paid consultants whose ideology is to tinker around the edges of a grossly unjust and unfair oligarchic system," Sanders told Nichols. "If we are ever going to bring about real change in this country, we have got to significantly grow class consciousness in America."
In his email over the weekend, Sanders wrote that Democratic leaders "are much too wedded to the billionaires and corporate interests that fund their campaigns," making them reflexively hostile to the kinds of transformative changes needed to "build a multi-racial, multi-generational working class movement" with the power to challenge the nation's deeply unequal economic and political status quo.
"How do we recruit more working-class candidates for office at all levels of government? Should we be supporting Independent candidates who are prepared to take on both parties? How do we better support union organizing?" Sanders asked in the email. "These are some of the political questions that, together, we need to address. And it is absolutely critical that you make your voice heard during this process."
"Not me. Us," he added, reprising the central message of his 2020 campaign. "That is the only way forward."
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New Biden Rule Would Rein in Medicare Advantage. Will Dr. Oz Let It Stand?
"There's every reason to expect the Trump administration to block these proposed rules from moving forward," warned Public Citizen co-president Robert Weissman.
Nov 27, 2024
The Biden administration on Tuesday unveiled a new rule aimed at reining in privatized Medicare Advantage plans, which have drawn growing federal scrutiny for denying coverage claims en masse—sometimes using artificial intelligence—and overbilling the government to the tune of tens of billions of dollars per year.
But the proposal could soon be fed through the buzzsaw of the incoming Trump administration, which is likely to have an outspoken Medicare Advantage supporter, Mehmet Oz, at the helm of the Centers for Medicare and Medicaid Services (CMS).
Biden's CMS said in a fact sheet released Tuesday that the new rule would ensure MA companies make enrollees aware of their right to appeal coverage denials. CMS pointed to data showing that MA plans, which now cover more than half of the Medicare-eligible population, "overturn 80% of their decisions to deny claims when those claims are appealed."
"These data also show that a low percentage of denied claims are appealed, meaning many more could potentially be overturned by the plan if they were appealed," CMS added.
The rule would also look to constrain MA plans' deceptive marketing practices and "use of inappropriate prior authorization." Prior authorization is a byzantine process under which providers must demonstrate that a proposed treatment is medically necessary before the insurer will cover it.
"The big question, of course, is what will the Trump administration do with these rules? Will they side with patients needing treatment or care-denying big insurers?"
Robert Weissman, co-president of the consumer advocacy group Public Citizen, welcomed the new rule as a "common-sense" measure that would "limit" some of the damage inflicted by MA plans, which are notorious for denying patients necessary care.
"The big question, of course, is what will the Trump administration do with these rules? Will they side with patients needing treatment or care-denying big insurers?" Weissman continued. "Unfortunately, despite its populist pretensions, there's every reason to expect the Trump administration to block these proposed rules from moving forward. Dr. Mehmet Oz, Trump's nominee to run the Centers for Medicare and Medicaid Services, is a major proponent of expanding privatized Medicare, with nary a worry about privatized Medicare's rampant abuses and rip-offs of taxpayers."
Sen. Ron Wyden (D-Ore.), chair of the Senate Finance Committee, vowed Tuesday that he will "be watchdogging the incoming Trump administration to ensure there is no backsliding on these critical consumer protections and coverage improvements."
Oz, a long-time television personality known for hawking unproven treatments, has been characterized as a "shill" for MA, a program funded by taxpayers and run by for-profit insurance companies.
As recently as August, Oz boosted Medicare Advantage on his YouTube account, as New York magazine reported earlier this week:
In August, Dr. Mehmet Oz's official YouTube account posted a video titled "Get $0/Month Medicare Coverage: What You Need to Know," in which Oz lays a sales pitch on his viewers. "Which of these items can you get for zero dollars?" he says, pointing to images of a coffee cup, a pack of gum, and a newspaper, as if quizzing a toddler on the pictures in a children’s book. "Or how about a health insurance plan?" he says. If you've ever watched daytime television, you know how the next part goes: Oz reveals he was, indeed, talking about the health insurance plan, and the studio audience erupts into applause. He then brings out an insurance agent to paint a rosy portrait of Medicare Advantage before ending with a call to action, encouraging any seniors in the audience to call in to a special phone number or visit a website to learn more and enroll.
During his 2022 bid for a U.S. Senate seat, Oz campaigned on a proposal he called "Medicare Advantage for All"—while owning stock in UnitedHealth Group, the nation's largest MA insurer.
Oz's support for Medicare Advantage aligns with the Project 2025 agenda, which calls for making MA the default enrollment option for U.S. seniors—an existential threat to traditional Medicare. Such a sweeping change would hugely benefit UnitedHealth and other private insurance giants.
"Project 2025's plans for Medicare, seconded by Dr. Oz, will end Medicare as we know it, and leave seniors to the tender mercies of dishonest and debased private insurance plans," The American Prospect's Robert Kuttner warned Tuesday. "What's insidious is that none of these changes require legislation. The best we can hope for is that the sunlight of exposure of these schemes will act as a disinfectant."
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