Showing posts with label leak. Show all posts
Showing posts with label leak. Show all posts

Sunday, July 15, 2012

FDA spies on dissenting staff, possibly illegally

http://www.nytimes.com/2012/07/15/us/fda-surveillance-of-scientists-spread-to-outside-critics.html?_r=1&hp

F.D.A. officials went to the inspector general at the Department of Health and Human Services to seek a criminal investigation into the possible leak, but they were turned down. The inspector general found that there was no evidence of a crime, noting that “matters of public safety” can legally be released to the news media. Undeterred, agency officials began the electronic monitoring operation on their own.

Rep Van Hollen: “It is absolutely unacceptable for the F.D.A. to be spying on employees who reach out to members of Congress to expose abuses or wrongdoing in government agencies.”
Senator Grassley:  “[The FDA] have absolutely no business reading the private e-mails of their employees. They think they can be the Gestapo and do anything they want.”
Just freaking ridiculous. 6 PhD scientists at the FDA were concerned that their agency was approving scanning devices (made by GE Healthcare) for mammograms and colonoscopies that were giving patients too much radiation. They tried to voice their opinions, but were shut down. So then they attempted back-channel communications with Congressmen, the press, and even the White House to try to get some leverage against their management, whom they felt were making a mistake and putting patients at risk.

What did the FDA do about it? They hired a security firm to use off-the-shelf spyware to monitor the communications of these "trouble-makers". They have also since terminated those employees. But this could be illegal under new laws on retribution against whisteblowers. Of course when the news broke, the FDA said that was not their intent, and instead they were building a case that these employees were leaking confidential information (discussions between the FDA and companies are confidential to "protect trade secrets", though I don't think they should be). I find that argument bizarre, since it's not like Wikileaks and national security here, putting spies or diplomats in harm's way. And even if the scientists were leaking info, if GE and the FDA did nothing wrong, then they have nothing to hide. If the scanner gets approved, then we should be able to know everything about it, right? But the whole secrecy concern was moot anyway, because the moron contractors that the FDA hired to snoop on the scientists accidentally posted all the classified reports the scientists were working on online (they have since been taken down). One of the scientists happened to discover this when he was Googling one of his "co-conspirators". Obviously GE is not happy either: the Keystone Cops FDA was ostensibly trying to protect its secrets, and ended up exposing them to a worse degree. Hollywood couldn't make this stuff up.

So is this about a medical device company using its leverage to get its regulatory agency to rubber-stamp its next big-money product, even if it's not entirely safe? Those FDA managers probably want "real jobs" after they do their time in gov't, and GE is a big, rich employer. When principled, concerned scientists try to DO THEIR JOBS, then they are threatened and spied on. The FDA was concerned about those "defaming" their agency. What are they, the Islamic State of Iran? In America we TOLERATE DISSENT, especially when it's in the interest of public safety. After Nixon, I thought we weren't supposed to have "enemies lists". And it's not like one disgruntled quack scientist here; 6 were putting their careers on the line because they felt so strongly about this issue. Maybe they're not all noble saints and other things are going on here, but at least this justifies a second opinion on the scanners, especially now that Americans are starting to express their disapproval over excessive radiation and diagnostic costs imposed on us by device companies and doctors.

Thursday, June 28, 2012

Health care Court decision

http://www.npr.org/blogs/health/2012/06/18/155269171/supreme-court-upholds-care-health-law-rules-mandate-is-a-tax
http://www.kqed.org/a/forum/R201206280900

I think the health care economics effects of this legislation are still too opaque to comment on (plus I am fairly ignorant), but in terms of effects on the campaign, it should get interesting. Obviously it's a win for the Dems, but it may become a rallying cry for the GOP. Though if you look at things logically, I don't think this legislation should be the prominent conservative issue that it is (and why is it so unpopular and getting more so? misinformation?). I guess the right doesn't really have much else to work with besides the economy, though. The candidate the GOP chose is obviously not in a great strategic position to advocate Obamacare repeal. But really, I don't think true conservatives should so dislike this health care reform. It's far from perfect (and we all had plenty of debates together 2 years ago), but look at the underlying principles:

- Conservatives don't like "free riders" right? Insurance only works by spreading out risk, especially if they are now not legally able to price discriminate (or reject) based on customer traits (which most of us feel is ethical - shouldn't pregnant women be the first to be covered and not blacklisted?). It won't work if the healthy and young skip out on health insurance premiums, leaving only the older and sicker (and gov't) to pay - another manifestation of the generational conflict? And then when the uninsured need care, they often burden the system by using emergency services and may not pay full cost. The sick don't get off Scot free either, since they will still pay more into the system in the form of copays.

- Conservatives feel that the Constitution is their 2nd Bible, right? The conservative-leaning High Court ruled that most of the Affordable Care Act is constitutional, with the Chief Justice siding with liberals and writing the majority opinion (so it's not like the liberal justices hijacked the ruling - they can't anyway). They keep accusing the Dems of trampling on the Constitution, but what about now? And no one questions Roberts' conservative chops. He said that the Court's job is to decide whether Congress acted within its powers, not judge the merits of what the bill would do. So if the GOP don't like it, write a better reform. But now if they want to repeal Obamacare 100%, they're going to piss off people who think it's not right that the current insurance market excludes pregnant women and unemployed adult students.

- This Act doesn't force anyone or "take away" any freedoms (the "mandate" was kind of a misnomer). Americans still have a choice whether to buy coverage or not. They just have to fork over a small (~$300/year) fine/tax to pay for the social cost of their decision. Those funds will be used to make health care more affordable to the needy, which benefits everyone. The young and healthy may take that choice anyway, since the cheapest individual health plans they could get would run $1-2K/year, until the health exchanges maybe become efficient some day. Employer health care will be preserved, and customers may even get rebates. This is no different than other laws: I can have a non-neutered dog if I want, but I just have to pay a higher registration fee due to the risk I am imposing on my community.

But the problem is the anti-Obama crowd doesn't care about these facts. Everything he does is automatically evil and un-American, so he has to be stopped. They want to go back to 2008 (minus the recession I hope). So how to convince them that this really won't be as bad as they fear (and were taught to fear by the right wing media)? But by all means, if they have better ideas on how to reduce our health care expenditures (which is the highest % of GDP in the world, and in terms of raw dollars, and growing much faster than inflation) and make it more available, we're all ears.

PS - I think it's funny that Romney and Obama probably both had 2 versions of speeches (or more) prepared for today

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http://www.cbsnews.com/8301-3460_162-57464549/roberts-switched-views-to-uphold-health-care-law/?tag=contentMain;contentBody
http://news.yahoo.com/roberts-switch-health-care-signals-leaky-supreme-court-195755275.html

There's quite a bit of chatter on the possibly clerk-leaked revelation that Roberts changed his mind mid-course on the health care reform decision. If true, this would be an unprecedented breach of confidentiality and a major betrayal in Court history (especially considering that the leak came just 4 days after the Court revealed its decision). I guess some conservative circles (and maybe even Roberts' right-leaning peers) viewed his act as betrayal as well, but does that justify this significant breach of decorum? Like the Wikileaks fiasco with the State Dept, I think this leak will only serve to erode trust and collaboration on the Court, and ultimately hurt our ability to govern. I think people are allowed to change their mind sometime, especially when confronted with new evidence and arguments. People don't have to vote along party lines all the time, otherwise why not just have the parties rule the nation? And even within each party, there is quite a diversity of opinions (maybe begging the question: why not have more parties like the rest of the developed world?).

The right chastised Obama for supposedly deliberately leaking details of his anti-terrorism decisions to shore up his defense chops, but where is the outrage over this SCOTUS leak? But getting back to the Roberts court, this leak is another public example of the right's disrespect and intolerance (Barton yelling "You lie!", ludicrous birther/Muslim accusations, etc.). I know the right feels that "gov. is the problem", but I thought they also believed in the sanctity of the Constitution, respect for American traditions, US exceptionalism, etc.? Begging your pardon, but they're acting more like trailer trash Republicans than Lincoln or TR Republicans. Though I wonder where Roberts goes from here. Will his future decisions be more conservative in order to get out of Scalia's doghouse? Or will he be so offended by this act that it will push him more centrist or liberal? I am not sure what cases await them in the next Court session, but it should be interesting. Though I think the SCOTUS is one of those institutions that does a good job if it seems "boring" and stays out of the headlines. It would be a real tragedy if this controversy becomes new precedent, and the already over-politicized Court becomes more so in the future.