The Wall Street Journal - 11.03.2020

(Rick Simeone) #1

A2| Wednesday, March 11, 2020 ** THE WALL STREET JOURNAL.**


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MINNESOTA


Teachers in St. Paul


Strike Amid Impasse


Teachers in St. Paul went on
strike Tuesday, canceling classes
for the district’s roughly 36,
students, after overnight con-
tract negotiations ended without
an agreement on issues includ-
ing mental health and bilingual
support for students.
The walkout was the first for
the district since 1946, and left
some parents scrambling to find
alternative child care.
The school district and the St.
Paul Federation of Educators,
which represents about 3,
teachers and support staff, nego-
tiated for six straight days and,
despite a mediation session that
lasted until 3 a.m. Tuesday, were
unable to come to terms.
Superintendent Joe Gothard
said the district did everything it
could to avoid a walkout.
The strike “disappoints me
greatly....Students are not in their
classrooms and our staff are not
in our schools doing the work
that they love,” Mr. Gothard said.
The union’s priorities include
hiring more mental-health profes-
sionals, multilingual staffers, spe-
cial-education teachers and re-
storative-practices specialists. The
district has said creating mental-
health teams at every school
would cost $27 million a year.
—Associated Press


OREGON


Governor Orders


Emission Reductions


Oregon Gov. Kate Brown or-
dered the state to lower green-
house-gas emissions, directing a
state agency to set and enforce
caps on pollution from industry
and transportation fuels.
The Democratic governor’s ex-
ecutive order aims to reduce car-


bon emissions to at least 45% be-
low 1990 levels by 2035 and an
80% reduction from 1990 levels
by 2050. It more than doubles a
clean-fuels program, making it the
most ambitious goal for clean fu-
els in the country, Ms. Brown said.
“I’ve heard it loud and clear
from our young people in Oregon:
climate action is crucial and ur-
gent,” she said.
Republicans lawmakers, a mi-
nority in the Legislature, staged a
walkout during this year’s session
to sabotage a bill that aimed at
many of the same climate goals.
The boycott caused the session
to end two days early on Friday,
with only three bills passed and
more than 100 dying, including
the climate measure.

Senate Republican leader Her-
man Baertschiger Jr. predicted the
governor's executive action would
wind up in court. The governor’s
legal team said it is confident it
would prevail in any litigation.
—Associated Press

VERMONT

State Sues Firm Over
Face-Recognition Use

The state of Vermont is su-
ingadatabrokerthatitsays
uses facial-recognition technol-
ogy to map the faces of Ver-
monters, including children, and
then sells access to the data to
private businesses, individuals
and law enforcement.

New York-based Clearview AI
has drawn attention following
investigative reports about its
practice of harvesting billions of
photos from social media and
other services to identify people.
Facebook, YouTube, Twitter and
other companies in February de-
manded that Clearview stop har-
vesting their users’ images.
Vermont Attorney General T.J.
Donovan filed a lawsuit against
Clearview on Tuesday, alleging
the company violated Vermont’s
Consumer Protection Act and
new data-broker law.
“I am disturbed by this prac-
tice, particularly the practice of
collecting and selling children’s
facial recognition data,” Mr. Don-
ovan said

The state also asked the court
to order Clearview to stop collect-
ing or storing Vermonters’ photos
and facial recognition data.
Tor Ekeland, an attorney for
Clearview AI, said in an email
that the tool helps law enforce-
ment catch child rapists, murder-
ers and thieves while protecting
the innocent from being falsely
accused.
“Clearview operates in strict
accordance with the U.S. Consti-
tution and American law,” he
wrote, adding that the firm wel-
comes the chance to work col-
laboratively with the state out-
side the courtroom “to further
refine our proven, crime-solving
technology for the benefit of all.”
—Associated Press

Teachers hit the picket lines Tuesday in St. Paul, Minn., the first in the district since 1946. Classes were canceled for about 36,000 students.

SCOTT TAKUSHI/PIONEER PRESS/ASSOCIATED PRESS

cyberattacks is fundamentally
flawed and in need of immedi-
ate change.
“The U.S. is currently not
designed to act with the speed
and agility necessary to de-
fend the country in cyber-
space,” the report said. “Our
country has lost hundreds of
billions of dollars to nation-
state-sponsored intellectual
property theft using cyber es-
pionage.”
The report says the U.S.
must better prepare for a ma-
jor cyberattack that could, for
example, “create chaos and
lasting damage exceeding that
wreaked by fires in California,
floods in the Midwest, and
hurricanes in the Southeast.”
The commission is a con-
gressionally mandated body
formed last year and led by bi-
partisan members of Congress
and current and former offi-
cials from various federal
agencies.
Authors of the report ac-
knowledged in interviews that
several recommendations may
be difficult to achieve, even in
the long term, given political

hurdles and Washington’s ten-
dency to stick to the status
quo in the absence of crisis.
“This is the 9/11 Commis-
sion report without 9/11,” said
Sen. Angus King, a Maine in-
dependent who caucuses with
Democrats and co-chaired the
commission. “We understand
that this is a tall order.”
A core theme of the 182-
page report is that successive
presidential administrations
largely have failed to deter
Russia, China and other adver-
saries, including criminal
groups, from carrying out in-
creasingly debilitating cyber-
attacks.
Cyber-policy experts have
discussed deterrence for years
but have found that traditional
tools—such as sanctions or in-
dictments—yield little to no
change in behavior.
The report outlined a three-
tiered strategy of “layered cy-
ber deterrence” to reduce the
consequences of cyberattacks.
Those layers include shaping
acceptable international
norms in cyberspace, denying
benefits to adversaries seeking

gain through cyber capabili-
ties, and imposing greater
costs—including direct retalia-
tion when necessary—on those
who do.
“The three layers of cyber
deterrence rest on a common
foundation: the need to reform
how the U.S. government is or-
ganized to secure cyberspace
and respond to attacks,” the
report said.
Several other commissions
previously studied cybersecu-
rity and recommended dra-

matic new approaches by the
federal government. But those
typically haven’t involved cur-
rent members of Congress or
senior leadership from federal
agencies.
Four U.S. lawmakers are
serving on the 14-member Cy-
berspace Solarium Commis-
sion, as did senior national se-
curity officials, including FBI
Director Chris Wray and Chris
Inglis, the former deputy di-
rector of the National Security
Agency.

WASHINGTON—The U.S.
government needs to adopt
structural changes not seen
since the aftermath of the
2001 terrorist attacks to con-
front proliferating cyber
threats that increasingly en-
danger national and economic
security, a government com-
mission has concluded.
The Cyberspace Solarium
Commission is releasing a re-
port Wednesday detailing the
results of a study, calling for
changes ranging from modifi-
cations of existing functions to
the substantial overhaul of the
federal government.
One recommendation, for
example, urges the creation of
new committees in Congress
dedicated solely to cybersecu-
rity. Another calls for creation
of a Senate-confirmed post of
National Cyber Director in the
White House.
In sometimes stark lan-
guage, the commission as-
sesses bluntly that the U.S.’s
current approach to prevent-
ing or mitigating damage from


BYDUSTINVOLZ


U.S. Cyber Defenses Fall Short, Commission Says


House Democrats unveiled a
revised version of legislation to
renew domestic surveillance
powers that are due to expire
in five days, gambling that
they could assemble a coalition
of Republicans and moderate
Democrats to pass legislation
that has faced opposition from
an emboldened civil-liberties
bloc in Congress.
The measure, backed by
House Judiciary Committee
Chairman Jerrold Nadler (D.,
N.Y.) and House Intelligence
Committee Chairman Adam
Schiff (D., Calif.) and devel-
oped in tandem with House
Minority Leader Kevin McCar-
thy (R., Calif.), was on track
for a House vote by the end of
the week.
It isn’t clear whether the
White House would support the
legislation, or if it would earn a
vote in the Senate. President
Trump told Republican lawmak-
ers last week he wouldn’t sign
an extension of the expiring
surveillance authorities without
significant changes to the For-
eign Intelligence Surveillance
Act, according to people famil-
iar with the matter.
Mr. Trump has pointed to a
recent Justice Department
watchdog report to claim FISA
was improperly used against
him to fuel the Russia investiga-
tion.
Some in the White House
are preparing for the possibil-
ity that the provisions will ex-
pire on March 15, officials said,
an occurrence that intelligence
officials have warned could
weaken national security.
One White House official
noted that Sen. Rand Paul (R.,
Ky.), who has called for major
changes to FISA, could block
the measure in the Senate.
Mr. Paul called the bill
“weak sauce,” saying that At-
torney General William Barr
had a hand in weakening the
measure.
“None of the reforms pre-
vent secret FISA court from
abusing the rights of Ameri-
cans,” he said on Twitter, or
“prevent a President of either
party from a politically moti-
vated investigation. Big Disap-
pointment!”

BYDUSTINVOLZ
ANDSIOBHANHUGHES

New Push


To Keep


Intelligence


Powers


U.S. NEWS


tion of justice. Mr. Trump has
denied any wrongdoing.
Democrats on the Judiciary
Committee previously said
they needed the underlying
Mueller materials to evaluate
whether Mr. Trump committed
an impeachable offense in the
course of the investigation.
The appeals court, in an
opinion by Judge Judith Rog-
ers, said the committee had
established it had a valid need
for the information, especially
because Mr. Mueller stopped

short of making conclusions
about Mr. Trump’s conduct, in
part to avoid pre-empting the
House from doing so.
“The committee has estab-
lished that it cannot fairly and
diligently make a final deter-
mination about the conduct
described in both volumes of
the Mueller Report without
the grand jury material refer-
enced therein,” wrote Judge
Rogers, who was joined in the
majority by Judge Thomas
Griffith.

Judge Griffith wrote the ap-
peals court’s recent ruling
against the Judiciary Commit-
tee that declined to enforce
Democrats’ subpoena for testi-
mony from former White
House counsel Don McGahn.
The judge on Tuesday said the
fight over the grand-jury ma-
terials involved different is-
sues that gave the House the
upper hand.
In dissent, Judge Neomi
Rao said it wasn’t clear that
the committee could still show

that it needed the materials,
given that the House already
impeached the president and
the Senate acquitted him.
Judge Rao also maintained
that the Judiciary Committee
didn’t have standing to obtain
a court order requiring the
Justice Department to turn
over the grand-jury materials.
For Congress, the ruling is
a narrow victory that affirms
the legislature’s ability to re-
ceive evidence collected as
part of criminal investigations
to use as part of potential im-
peachment proceedings.
It is unlikely to have a sig-
nificant impact on the major-
ity of congressional oversight
disputes, which don’t involve
criminal information or im-
peachment proceedings.
“We are reviewing the deci-
sion,” said a spokeswoman for
the Justice Department.
On Capitol Hill, House
Speaker Nancy Pelosi (D., Ca-
lif.) cheered the decision.
“This ruling is an unequivocal
rejection of the President’s in-
sistence that he is above the
law and his blanket refusal to
cooperate with congressional
requests for information,” she
said in a statement.
Tuesday’s decision echoes a
precedent from 1974 when the
chief judge of the Washington,

D.C., federal court transmitted
a report of grand-jury material
to the House as part of its in-
quiry into whether President
Nixon should be impeached.
The court fight was sparked
by a dispute between the Jus-
tice Department and Congress
over the evidence collected by
Mr. Mueller’s investigation us-
ing a grand jury, a typically se-
cret process designed to keep
investigative details from be-
ing revealed publicly.
The department said it
couldn’t disclose the materials
to Congress under the federal
rules governing the secrecy of
grand-jury material, while
Congress said that the law
provided for exemptions for a
judicial proceeding. It argued
that its impeachment investi-
gation qualified as such a pro-
ceeding, and that it needed
the materials as part of the in-
vestigation.
The Justice Department
earlier turned over a version
of the Mueller report to Con-
gress that revealed some of
the sensitive information it
had redacted from the public
version of the report, but it
has refused to provide any
material obtained by a grand
jury, citing the longstanding
precedent that grand-jury in-
vestigations are by law secret.

WASHINGTON—A federal
appeals court ruled that Con-
gress can have access to
grand-jury materials from
Robert Mueller’s investigation
of Russian interference in the
2016 election.
The U.S. Court of Appeals
for the District of Columbia Cir-
cuit, in a 2-1 ruling Tuesday,
sided with the Democratic-led
House Judiciary Committee,
which sought access to material
that was redacted from the
448-page special counsel re-
port, as well as some of the ex-
hibits and transcripts refer-
enced in the report.
The report was the culmi-
nation of Mr. Mueller’s investi-
gation of Russian interference
in the 2016 election and
whether President Trump or
his associates were connected
with that interference.
Mr. Mueller found insuffi-
cient evidence to charge any-
one associated with the Trump
campaign of a crime in connec-
tion with Russian election in-
terference, and he said he
couldn’t exonerate Mr. Trump
of obstructing the probe. Attor-
ney General William Barr then
concluded that Mr. Trump’s ac-
tions didn’t amount to obstruc-


BYBRENTKENDALL
ANDBYRONTAU


Court Grants Congress Access to Mueller Files


A federal appeals court said lawmakers could see materials redacted from Robert Mueller’s report.

TOM BRENNER/REUTERS
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