ICE

An article at Time explains “How the Ice in Your Drink is Imperiling the Planet,” and what regulators are doing about it:

NIST is thus urging refrigerator manufacturers to look closely at the design of their icemakers, insisting that there are “substantial opportunities for efficiency improvements merely by optimizing the operations of the heaters.”

That appeal to reason, NIST officials hope, will be enough. But just in case it isn’t, the Department of Energy has announced that it intends to add 84 kilowatt hours to the efficiency rating of every refrigerator equipped with an icemaker. Consumers will feel that fact in the wallet—and if manufacturers don’t scramble to improve their numbers, they soon will too.

Chipotle boasts that it offers “food with integrity,” but the popular restaurant chain may want to consider an addendum in light of its recent actions: “so long as the federal government doesn’t get involved.”

The chain was forced to fire over 600 employees from its 50 Minnesota restaurants last month — about half of its employees in the state — in light of an audit conducted by U.S. Immigration and Customs Enforcement (ICE). Says one Minnesota paper,

The investigation of Chipotle began several months ago, [Chipotle communications director Chris Arnold] said, when ICE asked to see work eligibility documents. The company was not told why it was singled out for review. ICE then provided Chipotle with a list of employees whose documents might be invalid, he said.

Chipotle tries to screen new employees, but some provide false documents showing they are eligible workers, Arnold said. In cases where employees insist they have the proper documents, Chipotle has sought to give them extra time to produce the identification, he said.

“We have asked ICE whether they would allow a 90-day period to resolve discrepancies, and they have told us that they absolutely would not,” Arnold said.

Not only is ICE denying Chipotle the 90-day period to clear up documentation issues with its employees — an allowance that is “standard practice,” according to the Service Employees International Union (SEIU) — but it is actively increasing the size and scope of its investigation of the restaurant chain. Earlier this month, ICE announced that it would also be auditing the 60 Chipotle locations in Virginia and Washington, D.C.

Robert McGoey, a co-coordinator of the rights-based organization Denver Fair Food, suspects that Chipotle will eventually be audited in every state due to its 80 percent Latino employment. Similarly, a February 11 article in The Nation reveals that John Morton, the head of ICE, says it “plans many more mass firings.” This tactic fails to meet the organization’s goals, made explicit in the same article:

The ICE website says it targets employers “who are using illegal workers to drive down wages … [those] likely to pay illegal workers substandard wages or force them to endure intolerable working conditions.”

At Chipotle, however, as in every other sanctions target, ICE never improved conditions. Wages remain the same. In fact, although Morton boasts ICE collected $7 million in employer fines during 2,740 audits, those who cooperated in firing workers were given immunity. The only people penalized were workers.

It seems that Chipotle is being targeted on the basis of its largely Latino demographics, rather than any abuse of undocumented workers in the workplace. While wages are unlikely to improve in a market in which “there are nearly five unemployed workers competing for each available job,” ICE’s failure to leave improvements in its wake was virtually guaranteed when it targeted a fast-food chain with above-minimum wages across the board. According to a report from the Immigration Policy Center published on February 9,

[Concerning] Chipotle, labor leaders who criticized the firm for the way it handled layoffs in the wake of the ICE audit say the company is “definitely above the bottom tier” in its overall treatment of workers. Even though the chain is non-union, the SEIU’s Nammacher said Chipotle pays above the minimum wage and offers some basic benefits. “They’re an above-board corporate player,” he stated.

Not only is Chipotle a poor target for an organization seeking to root out “intolerable working conditions” (Chipotle is even known for its practice of paying higher food costs in order to better the compensation of supply-chain employees), but ICE’s impacts harm the very individuals whose interests the organization purports to be acting in. According to a 2009-2010 report from the Human Rights Immigrant Community Action Network,

ICE’s new workplace enforcement strategy of auditing employment files, allowing employers to fire undocumented workers en masse – also dubbed “silent raids” – has deepened the economic and humanitarian crisis in many communities across the country, making workers further vulnerable to labor rights violations and other forms of abuse.

The study details several cases in 2009 and 2010 in which ICE audits — intended to publish “bad apple” employers — did anything but.  ”In each of these cases, rather than hold the employer accountable for existing labor law violations and abuses, ICE’s I-9 audits triggered massive layoffs leaving thousands of families in crisis and more vulnerable to abuse.”

SEIU president Javier Morillo described the effects of this practice on undocumented workers, stating that “They are pushed out of jobs where they are being paid above the table.” He added, “They pay taxes, Social Security taxes, etc. They are being moved, many of them, to precisely the bad employers that pay cash, that pay less than minimum wage.”

The deeper that one delves into ICE’s actions, the more that the government organization’s actions seem inconsistent. According to the organization’s website, “ICE’s primary mission is to promote homeland security and public safety through the criminal and civil enforcement of federal laws governing border control, customs, trade, and immigration.”

It’s unclear, however, how the organization’s recent moves against the employees of Chipotle are in any way consistent with its stated ends of promoting security and safety. It is similarly unclear that Chipotle was abusive  in its dealings with the undocumented workers that it unknowingly employed.

What is clear, however, is that ICE’s actions threaten the very employees whose working conditions it claims to defend.

A few weeks ago, I wrote about the new passport requirements implemented at the U.S.-Canada border. As I noted at the time, most Americans–including two former presidents–were unaware of this change in policy, which will increase the travel costs by $500 for the average American family.

Now the Obama administration is imposing new restrictions on civilian aviation, requiring private pilots to reveal detailed personal information about their passengers and to seek government permission to leave the country, a first in American history. Even more frightening is the Department of Homeland Security’s claim that it is free to conduct random, warrantless searches of civilian aircraft. From a concerned pilot:

Complaints to Homeland Security higher ups about these “routine checks” were answered by spokeswoman Kelly Ivahnenko with a statement that said, and I accurately paraphrase, “we maintain we have this power and authority, you can expect we will continue to do it whenever and wherever we wish, and there is no requirement that we justify ourselves or explain our reasons.”

This answer itself is, in my opinion, even more frightening than screaming gun-wielding agents. Having an American bureaucrat maintain that their police organization possesses unlimited discretionary authority should give pause even to the most passive among us, as it is exactly what the Geheime Staatspolizei (Gestapo) said when anyone complained. Overrides of our Constitutional rights by authorities are supposed to be backed by Supreme Court rulings based on clearly articulated justifications, not on the whim of some unelected bureaucrat.

While the administration is dropping hints that it may support liberalizing trade and travel with Cuba, it is simultaneously ramping up unconstitutional travel restrictions to friendly nations, such as Canada, and it is continuing to follow the wrongheaded “border security” policies enacted by the Bush administration. Opposition from trade partners and the global economic downturn seem to have changed President Obama’s mind on completely renegotiating NAFTA, but the administration still shows no sign of abandoning its disastrous strategy of targeted protectionism and stealthy attacks on our freedom to move.

If you’re a fan of professional print journalism, you may be a little worried as of late.  Denver’s Rocky Mountain News just closed its doors after nearly 150 years in the news game.  Meanwhile the San Francisco Chronicle and the Seattle Post-Intelligencer are both on life support.  Even the New York Times, the largest newspaper in America, has cut its dividend and mortgaged its headquarters for $225 million.

It seems clear that the age of broadsheet newspapers is coming to an end, yet the web hasn’t come to its rescue.  Partially this is because ad rates from the old world of print were inflated to reflect the size of the total audience of the paper.  Online ads, by contrast, are micro-targeted at just those folks who advertisers believe are most likely to buy their products or services.  This makes sense, but the numbers involved are still staggering.

Consider that the New York Times online as of 2007 had about 13 million unique users.  Compare that to its weekday circulation of 1.1 million and its weekend circulation of about 1.6 million.  The Grey Lady’s web presence had tenfold the reach of the paper, yet online revenue made up only about 10% of the Times total revenue.  That means that a product with ten times the reach is getting only 1/10th of its old-school equivalent.

Long story short: the industry needs all the help it can get.

This is where Google comes in.  Along with being a giant in the search industry, Google is empowering a network of publishers to the tune of $4.2 billion in revenue passed to them in 2007—according to members of Google’s DC office, the 2008 numbers are even larger.  In fact, Google knows it is better to give than to receive—it gives more money out to its publisher network than it keeps for itself in profits.

Now this giant of monetization is introducing an even better advertising mechanism, Google’s “Interest Based Advertising” program.  IBA works by collecting information whenever a user visits a site that features a Google AdSense network ad.  This information is turned into a sort of a profile that helps to focus ads on a per-user basis, rather than just basing that ad on the content of the web page alone.

This means that advertisers will have a more effective means of getting their message out online—news that should be music to the faltering print news industry’s ears, not to mention their loyal readers.

Understandably, this news sounds ominous to many.  Tracking your browsing?  And we were worried about the Bush administration tapping our phones!

However, unlike when dealing with government looky lous, you have the choice to tell Google to mind their own business.  Also, Google is telling consumers about the program.  Folks concerned with privacy issues call these elements “notice” and “choice.”

The notice comes in the form of clear labels on all Google-based ads, something the company already does with the exception of some of their print ads.  Currently, all ads served by Google feature their name, but some don’t feature the name of company paying for the ad spot.  Now that will change.  Users will know that Google is serving the ad and who’s paying them to do so.

Additionally, Google is allowing users to choose—this is the control part—how they’re classified by the new program.  Their Ads Preferences Manager will let users view, delete, or add interest categories associated with their browser so that the advertising they see will at least be relevant to them.

Finally, Google is also giving consumers the ultimate control over the program in the form of a set of tools to permanently opt-out.  They have even designed plug-ins for browsers that will maintain your opt-out choice.

It remains to be seen how this program—and others started much earlier by Yahoo! and other Google competitors—will increase revenues for publishers.  However, since all of these systems are designed to serve more relevant ads to consumers, it would seem that all parties involved stand to benefit.

Yet, there is sometimes no satisfying the privacy alarmists. The AP relayed this comment from EPIC’s Marc Rotenberg:

“This is a very serious development,” said Marc Rotenberg, executive director of the Electronic Privacy Information Center. “I don’t think the world’s largest search engine should be in the business of profiling people.”

Yet, with all Google is doing to allow users to opt-out of this system, one wonders if Mr. Rosenberg and those who share his opinion believe there should be any innovation whatsoever in online advertising, or if the industry should simply come to a stand-still.

Criticism of Google’s plan seems especially dubious given the alternatives offered.  Mr. Rotenberg believes that the FTC should reexamine Google’s merger with DoubleClick.  Translation: consumers are too dumb to manage their privacy, so the FTC should do it for them by tearing apart business deals that are deemed unsavory.

The appropriate level of privacy in our lives can’t be set by the government. It can only be set by free people able to explore the full range of choices offered in the marketplace.  When you consider not only Google’s consumer-friendly ad program, but other products like pre-paid cell phones, nameless debit accounts, proxy servers, anonymous email accounts, and the like, privacy seems to be out there for those who want it.

The best advice for those who want privacy: don’t go online.  The Internet is the modern public square, no more a private retreat than is a public park.  Technologies can help to mask your identity, but ultimately much can be found out about who you are online.  The only thing stopping that now is the free market’s respect for contracts and the choices of consumers.  Attacking that very freedom to choose is no way to secure great privacy in the future.

Your hosts Richard Morrison and Cord Blomquist bring you Episode 32 of the LibertyWeek podcast with special guest Sam Kazman and surprise guest co-host Jeremy Lott. We start by looking into the possible future of the Federal Communications Commission with nominee Julius Genachowski about to ascend to the chairmanship, and then take another stroll through the New Great Depression with high-level financial talks between unpopular British Prime Minister Gordon Brown and über-popular President Barack Obama. Oregonian brewers fight a proposed fifteen cents a pint tax in Beer News, and the Lady Madoff tries to stash away tens of millions from the feds in this edition of Scandal Watch. We hit our stride with an interview with CEI General Counsel Sam Kazman and his tales of the icy global warming rally staged earlier this week here in Washington, D.C. Finally, a little belt-tightening Olympic News from the USOC.

Listen here!

ABC is debuting its new show “Homeland Security USA” tonight at 8pm eastern time.  Presumably the show is intended to make us all proud to be an American.  If the previews are any indication, I won’t be feeling very proud.

Many of the preview segments focus on busting drug runners, probably because it makes for very good television.  Cutting open a Ford Contour at the border and finding bundles of some sort of drug has a sort of “gotcha” appeal.  The appeal of high-speed boat chases doesn’t need to be explained.

Seeing criminals caught red-handed (think “America’s Most Wanted”) is usually satisfying, but when it’s for the victimless crime of transporting drugs, there’s little to be excited about.

By creating black markets for cocaine, heroine, and other drugs, the “War on Drugs” has helped only criminals. By making drugs hard to come by, prices have gone up.  Making substances that were once available at any drugstore worth their weight in gold.  Just like alcohol prohibition created Al Capone and the modern mafia, the drug war has fueled organized crime and created urban gang violence.  Protecting the turf where drugs are sold has caused violence to escalate, hurting countless people not involved in the drug trade and tearing apart our inner cities.

So, seeing federal agents chase down a drug smuggler, beat him, and arrest, him doesn’t fill me with patriotic fervor.

The rest of the show concerns itself with Homeland Security’s role is policing our borders not for illegal things, but illegal people.  The clip shown on the website shows an officer saving us from the menace of a woman trying to work in the US without a proper work Visa.  How dare she!

The comic tragedy of the interaction between the agent and this Visa-less woman is her would-be profession: she wants to be a belly dancer.

Surely America can afford to have one belly dancing gig go to a foreigner!

It’s thinking of tragedies and absurdities like these that sap what patriotism I have left.

I hope Americans see this show and sees it for what it is, a naked admission of just how out of control government has become.