FC: Cato: Germ warfare treaty harms privacy, don't ban Net-gambling

From: Declan McCullagh (declanat_private)
Date: Wed Jul 25 2001 - 16:49:49 PDT

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    Cato Daily Dispatch
    July 25, 2001
    http://www.cato.org/
    http://www.cato.org/dispatch/07-25-01d.html
    
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    * U.S. Says No To Another Global Treaty
    * Even More Money For Colombian Drug War
    * Lawmakers Seek To Ban Online Gambling
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    U.S. SAYS NO TO ANOTHER GLOBAL TREATY
    
    The United States -- already facing European criticism for rejecting a
    climate change accord -- said today it was abandoning a U.N. draft accord
    designed to give teeth to an anti-germ warfare treaty, according to the
    Associated Press. (
    http://dailynews.yahoo.com/h/ap/20010725/ts/un_biological_ban_7.html )
    
    Nations have been negotiating since 1995 to develop an accord on how to
    enforce the germ warfare treaty, painstakingly working through
    disagreements over the 210-page document. The draft is intended to create
    a way to inspect sites suspected of developing biological weapons without
    interfering with legitimate industries and facilities.
    
    "In our assessment, the draft protocol would put national security and
    confidential business information at risk," said U.S. chief negotiator
    Donald A. Mahley, effectively killing nearly seven years of negotiations.
    
    In "Constitutional Problems with Enforcing the Biological Weapons
    Convention," ( http://www.cato.org/pubs/fpbriefs/fpb-061es.html ) Ronald
    D. Rotunda notes that while the United States should continue to renounce
    the use of biological weapons, "the [enforcement] protocol will undermine
    the privacy rights that U.S. citizens expect and that the Fourth Amendment
    guards, will interfere with the safeguards that the appointments clause
    was designed to guarantee, and will compromise the intellectual property
    rights that the Fifth Amendment protects."
    
    Instead of allowing foreign inspectors access only to public property, the
    enforcement protocol would expand access to allow searches of private
    individuals and companies "without the strict protections of the Fourth
    Amendment and its requirement that a search warrant be issued by a neutral
    magistrate only after a finding of probable cause," says Rotunda. "The
    protocol's search of private property must be unusually thorough to have
    any chance of working effectively, but such invasive searches create a
    greater risk of a violation."
    
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    EVEN MORE MONEY FOR COLOMBIAN DRUG WAR
    
    The House of Representatives yesterday approved a foreign aid spending
    bill featuring $676 million to fight the Colombian drug trade, rejecting a
    Democratic-led effort to shift some of the money to other priorities,
    according to Reuters. (
    http://dailynews.yahoo.com/h/nm/20010724/pl/colombia_usa_funds_dc_1.html )
    
    The House endorsed the $15.2 billion foreign aid bill on a 381-46 vote
    after defeating several attempts to cut spending on President Bush's
    Andean Initiative, which would provide drug-fighting money to Colombia and
    six neighboring South American countries.
    
    "We should not surrender Colombia to the drug lords," said Rep. Mark Kirk,
    an Illinois Republican.
    
    In "Declaring an Armistice in the International Drug War," (
    http://www.cato.org/pubs/fpbriefs/fpb-026.html ) Vice President for
    Defense and Foreign Policy Studies Ted Galen Carpenter demanded an
    armistice to the failed international drug war that has hurt all sides of
    the conflict. In "Time to End the Drug War," (
    http://www.cato.org/dailys/12-03-97.html ) Assistant Director of the
    Project on Global Economic Liberty Jacobo L. Rodriguez explains that
    "efforts to eradicate crops and interdiction of traffic -- that is,
    efforts to reduce the supply of drugs -- put only a small dent in the
    profit margins of traffickers."
    
    Earlier this year, the Cato Institute hosted "Plan Colombia: Should We
    Escalate the War on Drugs?" featuring Prof. Russell Crandall of Davidson
    College and Amb. James F. Mack of the State Department's Bureau of
    International Narcotics & Law Enforcement Affairs. The forum can be viewed
    live online. ( http://www.cato.org/events/010313pf.html )
    
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    LAWMAKERS SEEK TO BAN ONLINE GAMBLING
    
    A group of U.S. lawmakers yesterday vowed to gear up efforts to ban
    gambling on the Internet, pushing for legislation that would, among other
    things, bar the use of credit cards for online wagers, according to
    Reuters. (
    http://dailynews.yahoo.com/h/nm/20010724/pl/tech_internet_gambling_dc_1.html
    )
    
    The lawmakers -- with key members from both the House and Senate -- told a
    House panel that legislation would be introduced in the next two weeks
    seeking an outright ban on online gambling, an industry that has grown
    dramatically over the past several years.
    
    These bills would go beyond a measure that has already been introduced in
    the House that aims to curb such gambling by barring the use of many
    financial instruments to pay gambling debts to online casinos or
    sports-wagering sites.
    
    "We're going to pass legislation in this Congress that will ... make
    Internet gambling illegal. I'm convinced of that," said Sen. Jon Kyl, who
    sponsored a bill last year with such a ban that had passed the Senate.
    
    Tom Bell writes in "Gambler's Web: Online Betting Can't Be Stopped -- and
    Why Washington Shouldn't" ( http://www.cato.org/dailys/12-01-99.html )
    that licensed, land-based gambling businesses and the 37 states with
    lotteries won't be able to stifle their online gambling competition.
    Controlling electronic gambling would be an enormous technical feat. He
    goes on to state in "Internet Gambling: Popular, Inexorable, and
    (Eventually) Legal" ( http://www.cato.org/pubs/pas/pa-336es.html ) that
    gambling will inevitably be legalized. In "Don't Give Up the Right to
    Gamble," ( http://www.cato.org/dailys/06-18-99.html ) mathematician Guy
    Calvert shows that gambling is a natural human endeavor, entrenched in
    American history and that "any coercive effort by the government to
    eliminate or reduce gambling must compete against that most formidable
    opponent, human nature." Calvert is also the author of the "Gambling
    America: Balancing the Risks of Gambling and Its Regulation." (
    http://www.cato.org/pubs/pas/pa-349es.html )
    
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    In today's Daily Commentary: How Social Security cheats African-Americans.
    By Michael Tanner. http://www.cato.org/dailys/07-25-01.html
    
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