Tag Archives: NSA

The US perspective on the European parliamentary elections

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I sat down with Brian Beary from Europolitics late Sunday night to discuss the results of the European parliamentary elections, with a particular focus on the US perspective. USflagEuropean_Union

The link is here (unfortunately, subscription only), but here’s one excerpt:

Is there a US equivalent to the Eurosceptics that did so well in the European elections?

In a formal sense, it is a peculiarly European thing. There are no parties in the US that are saying ‘we need to pull out of the United States’. The one thing they do share is that politicians in the US, for at least two generations now, in every election run against Washington. And in Europe, whether it is the hard Euroscepticism of groups like UKIP or Front National, or the soft Euroscepticism of certain members of the British Labour Party, or Silvio Berlusconi, there is an anti-Brussels-ness that reminds me of the way US politicians campaign against Washington.

Though many commentators and academics like to refer to the European Union today as a kind of ‘United States of Europe,’ especially during the EU’s ill-fated constitutional debate in 2004 and 2005, I argued that the European Union today more closely resembles the confederation of US states that existed under the 1781 Articles of Confederation.

Most US headlines in the lead-up to the European elections have concerned Ukraine and the ongoing security crisis and showdown with Russia that’s caused a regeneration of interest in transatlantic security, NATO’s role and additional follow-on issues,  such as the potential US export of liquified natural gas to Europe. In the aftermath of the European elections, US headlines are focusing on the rise of eurosceptic parties like Nigel Farage’s UK Independence Party and Marine Le Pen’s Front national in France.

In both cases, that’s understandable — and both topics are incredibly important. The real issues where the European Parliament will have the most impact in the next fiver years, however, are somewhat less sexy, but they should be on the radar of US policymakers and investors in the years ahead: Continue reading The US perspective on the European parliamentary elections

The cynical politics behind the Benghazi ‘scandal’

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I’m always super-hesitant to jump into commentary on American politics, mostly because there’s so much to learn about politics and policy elsewhere in the world. USflag

But the decision by the US House of Representatives and House speaker John Boehner on Thursday to form a select committee to ‘investigate’ the Benghazi attacks is one of the reasons I find US politics so utterly discouraging.

A select committee is a ‘special’ committee created for a specific, targeted purpose. The House typically creates a select committee when one or more of the existing House committees don’t have enough authority or capacity to carry out that purpose. For example, between 2007 and 2011, the House, under Democratic control, authorized a select committee on energy independence and global warming.

Of all the mistakes that US president Barack Obama has made in six years in foreign policy, the Republican leadership has generally focused on the Benghazi sideshow — at the expense of more fundamental and, constitutionally controversial matters.

Why ‘Benghazi’ has become such a spectacle

It’s easy to understand why ‘Benghazi’ makes for such a sensational affair. The attack left four US personnel, including Christopher Stevens, the US ambassador to Libya, dead. It left the Obama administration, just weeks before a presidential election, slack-jawed to explain why US security failed so spectacularly.

Add to that the post-Watergate alchemy, whereby shouting ‘cover-up’ can spin routine politics into scandal, a White House that’s been reluctant, perhaps understandably, to work enthusiastically with its Congressional interlocutors, and a zero-sum political environment where House Republicans show, time after time, that they are willing to take extraordinary measures to achieve certain objectives (e.g., last autumn’s government shutdown, routine debt ceiling crises).

It’s easy to see the political advantage for Republicans in opening a select committee to investigate the matter. Trey Gowdy (pictured above), the two-term congressman from South Carolina, who will head the committee, is already talking about the investigation in terms of a ‘trial,’ with Gowdy and his committee as the prosecution and the Obama administration as the defense. Continue reading The cynical politics behind the Benghazi ‘scandal’

Trade blocs form the new borders of the 21st century global order

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The most underreported aspect of the current crisis over the Crimea annexation is the extent to which Russia was willing to go to the brink of international crisis for the goal of a future trade bloc. USflagEuropean_Union

Why does Russian president Vladimir Putin care so much about the vaunted Eurasian Union, even though it’s a rewarmed version of the existing economic customs union among  Russia, Belarus and Kazakhstan?

To turn Michael Corleone’s words on their head, ‘it’s personal, not business.’

Putin hoped that the revamped union could attract a few more stragglers in central Asia, Azerbaijan or Armenia and perhaps Ukraine — until February 22.

There are certainly potential gains from greater free trade, and negotiating multilateral trade blocs seems both more efficient than one-off bilateral agreements and more productive than pushing for greater global integration through the World Trade Organization (WTO) process.

Also unlike bilateral treaties or WTO-based agreements, regional trading blocs are also emerging as strategic geopolitical vehicles for advances regional agendas that have just as much to do with politics as with trade.

Ultimately, it’s same reason that the two South American customs unions, the Mercado Común del Sur (MERCOSUR, Suthern Common Market) and the Comunidad Andina (CAN, Andean Community) joined to form the even larger Unión de Naciones Suramericanas (UNASUR, Union of South American Nations), which came into existence in 2008 and covers the entire South American region.

It’s the same reason that Kenyan president Uhuru Kenyatta has put so much pressure on Tanzania to choose between the East African Community (EAC) or the Southern African Development Community (SADC) over the past year by accelerating plans for greater political cooperation within the EAC — with or without Tanzania. Or why admitting South Sudan into the EAC back in 2011 could have helped prevent its slide into civil war.

It’s the same reason that defining ‘Europe’ has been such a  strategic and existential issue for the European Union and its predecessor, the European Economic Community, since its inception. Does the United Kingdom belong? (In the 1960s, according to French president Charles de Gaulle, it didn’t). How to handle Turkey? (Enter into a customs union with it, then slow-roll accession talks since 1999, apparently). Should Ukraine join? Moldova? Georgia? If Azerbaijan can win the Eurovision contest, why not bring it into the single market? What about, one day, Morocco and Tunisia, which both have association agreements with the European Union?

That’s why it’s worth paying close attention to the Trans-Pacific Partnership (TPP), but also the Transatlantic Trade and Investment Partnership (TTIP). TTIP would create a super-free-trade-zone between the United States and the European Union, which together generate between 45% and 60% of global trade.

Continue reading Trade blocs form the new borders of the 21st century global order

Your weekend cocktail-party glossary for the German election

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You’ve mastered the Syrian chemical weapons crisis, you’re ready for the showdown over the US government shutdown and the debt ceiling fight, and you’re ready to hit the party circuit this weekend, wit and pith at the ready.Germany Flag Icon

But wait! You’ve forgotten that Germany, the most populous and arguably the most important country in Europe, is going to the polls on Sunday to elect a new government.

You know that Angela Merkel, Germany’s chancellor for the past eight years, is likely to return for a third term chancellor, even though it’s less clear which governing parties will join her in coalition.

You know that her center-right Christlich Demokratische Union Deutschlands (CDU, Christian Democratic Party) holds a wide, double-digit lead over the center-left Sozialdemokratische Partei Deutschlands (SPD, Social Democratic Party).

And you know that, as far as elections go, it’s been a particularly boring one — even by the standards of Germany’s relatively muted consensus-driven politics.

But what else should you know about Sunday’s election?

Not to worry.  Here’s all the lingo you need to sound (and be) in the know about what’s likely to happen this weekend in Germany — and what might happen in its aftermath. Continue reading Your weekend cocktail-party glossary for the German election

Would a Miliband-led Labour government be an improvement on British civil liberties?

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The troubling case of David Miranda, the partner of Guardian reporter Glenn Greenwald, who was detained by British police at Heathrow yesterday for nine hours under schedule 7 of the U.K. Terrorism Act, is now a full-blown fully international incident. United Kingdom Flag Icon

The case has implications not only for U.S. politics (Greenwald has been the chief source for the leaks about the U.S. National Security Agency’s Internet intelligence-gathering programs) and even Brazilian politics (Greenwald lives in Brazil with Miranda, a Brazilian native), but for British politics as well, where the issue of civil liberties has been contentious for the past decade and a half under both the Labour governments of Tony Blair and Gordon Brown and the Conservative-led government of current prime minister David Cameron.

Political strategist Ian Bremmer is already suggesting that the United States and/or the United Kingdom may be preparing an indictment against Greenwald (presumably under the U.S. Espionage Act), which would explain why Miranda’s laptop computer and other personal effects were confiscated in London.  We already know that the United States, by the admission of White House deputy press secretary Josh Earnest was given a heads-up by London prior to Miranda’s detention, though Earnest has denied that the United States requested or collaborated with the detention.  It’s equally plausible that overeager police officials in London jumped at an opportunity to gather information they thought top U.S. and U.K. officials would appreciate — if the United States and the United Kingdom really are pursuing an international case against Greenwald, you’d think they would be careful not to commit what seems like a prima facie violation of the U.K. Terrorism Act.

With both Scotland Yard and Cameron saying little about the incident, and with U.S. officials remaining relatively mum, most of today’s discussion has been dominated by vehement critics of the detention on both sides of the Atlantic.

One of the most striking has come from Labour Party’s shadow home secretary, Yvette Cooper, a rising Labour star who may herself one day lead the party, who has called for an investigation into whether the detention was appropriate under the Terrorism Act:

Schedule 7, which applies only at airports, ports and border areas, controversially allows officers to stop, search, question and detain individuals. Miranda was held for nine hours, the maximum the law allows before officers must release or formally arrest the individual.

According to official figures, most examinations under schedule 7 – over 97% – last less than an hour, and only one in 2,000 people detained are kept for more than six hours. It has been widely criticised for giving police broad powers under the guise of anti-terror legislation to stop and search individuals without prior authorisation or reasonable suspicion – setting it apart from other police powers.

As we approach the annual convention period in British politics, pressure on Labour leader Ed Miliband is growing to draw a deeper contrast with the current coalition government on many issues, including civil liberties.  Soon after his election as Labour leader in September 2010, Miliband criticized his party’s overreach on civil liberties, identifying in particular the Blair government’s plan to hold suspects for 90 days without trial and the broad use of anti-terrorism laws.  At the time, Miliband argued that he wanted to lead Labour to reclaim the British tradition of liberty, though Miliband also indicated at the time he supported Blair’s widespread introduction of what are now over 4 million closed-circuit television surveillance cameras throughout the country.

As the parties begin to jostle for position for an election that’s now just 21 months away, Cameron certainly won’t be able to run for reelection on as vigorous a pro-liberty position as he did in 2010, though his junior coalition partners, the Liberal Democrats, can point to their success in repealing Labour’s plan to introduce national ID cards and scrapping the Tories’ proposed communications data bill this year.

That leaves a key opening for Miliband to champion civil liberties, but given the durability of the British surveillance state and Labour’s role in creating the legal framework last decade for the British surveillance state, it is unclear whether Miliband will do so, though Cooper delivered a high-profile speech in July arguing for more oversight and protections in relation to the U.K. intelligence and security services.  It’s likelier, however, that a future Labour government will pursue many of the same pro-security policies that each of the Blair, Brown and Cameron governments have pursued.

British voters will certainly remember the truly dismal record of the past Labour government under Blair and Brown on liberty (whether the efforts made the United Kingdom more secure is another question) — the list of curbs on personal freedom is long, and it includes not only the push for CCTV cameras: Continue reading Would a Miliband-led Labour government be an improvement on British civil liberties?

Spying on the Europeans — PRISM repercussions as Obama heads to Europe

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Michael J. Geary and I argue in The National Interest this morning that the repercussions of reports of the PRISM program within the U.S. National Security Agency mean that U.S. president Barack Obama will face tough questions when he goes to Europe for the G8 summit in Northern Ireland and additional meetings in Berlin. USflagEuropean_Union

At a time when Europeans are already concerned about the extent of their own governments’ intrusion into their private online lives, the revelations of the voluntary cooperation of service providers like Facebook and the like in allowing U.S. surveillance of foreign communications are already being met with skepticism from top U.S. allies at a crucial and ambitious time for the Obama administration’s European agenda:

The timing of the scandal could not have come at a worse time in EU-United States relations, with both sides set to embark on negotiations for what would be a landmark free-trade compact, the Transatlantic Trade and Investment Partnership (TTIP).

Above all, German chancellor Angela Merkel is expected to seek assurances from Obama in their one-on-one meetings in Berlin.  But with Germany having this week agreed to TTIP negotiations (leaving France as the remaining obstacle), and with the eurozone crisis still not fully over, certainly the Obama-Merkel meeting should have more important business than PRISM.

Ironically, the NSA gathered more pieces of intelligence within Germany during the month of March than any other EU country.  A spokesman for Merkel, the first chancellor from the former East Germany, where memories of Stasi surveillance are still fresh, said she would raise the issue with Obama. Her justice minister Sabine Leutheusser-Schnarrenberger stressed, “the suspicion of excessive surveillance of communication is so alarming that it cannot be ignored. For that reason, openness and clarification by the US administration itself is paramount at this point. All facts must be put on the table.”

Ultimately, the Obama administration and the NSA will be less vulnerable to the wrath of European regulators than the companies participating in PRISM themselves.

But Microsoft, Google and other service providers, including Facebook, YouTube, Apple and AOL, could face even more blowback than the U.S. government or the Obama administration. Their apparently voluntary participation in U.S. government’s PRISM program could open them to European lawsuits or otherwise subject them to additional regulatory scrutiny. Significant elements of their businesses are already subject to restrictions within Europe—Google faces strict restrictions on its StreetView program and Facebook’s facial-recognition capability is banned altogether. As PRISM continues to dominate world headlines, Facebook on Wednesday opened its first servers outside of the United States in northern Sweden—its presence there, which like much of Scandinavia is a bastion of government transparency and personal freedom, will come increasingly under the thumb of EU regulators.

I argued yesterday that Sweden is unlikely to come to the rescue anytime soon with respect to Facebook and PRISM.  More likely is that the European Parliament will work to pass the new data protection directive that it’s been considering for the past two years and that would place additional restrictions on the processing of personal data, though time is quickly running short with European elections set for May 2014.

Photo above is a popular graffiti slogan in Germany, showing former interior minister (and now finance minister) Wolfgang Schäuble — critics claimed Schäuble’s focus on counterterrorism measures approached levels of civil liberties intrusion similar to the East German secret police and intelligence force, the Stasi.

Can Sweden save the European Union from the NSA spooks?

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Even as the media continues to debate leaks revealing the secret surveillance program of the U.S. National Security Agency, code-named ‘PRISM,’ one of the chief private-sector actors in the PRISM scandal opened its first non-U.S. site on Wednesday, giving one European nation a key jurisdictional hook to regulate future data privacy.USflagEuropean_UnionSweden

According to news reports from The Guardian, Facebook, has been cooperating voluntarily with the NSA’s PRISM program since summer 2009, thereby exposing the private data of both U.S. and non-U.S. citizens alike to the purview of the NSA under the authority of the U.S. PATRIOT Act passed in the aftermath of the 2001 al Qaeda terrorist attacks on New York and Washington.

But Facebook also opened a new facility to host its servers in far northern Sweden on Wednesday (in part to use the chilly Arctic weather to more efficiently cool its European servers).  Despite the awkward timing, it is Facebook’s first server hall outside of the United States, and its opening comes when European Union leaders are pushing for answers on the extent to which NSA has been permitted access to private, personal data by Facebook, Google, YouTube, Apple, AOL and other service providers and while the European Parliament is considering a new data protection directive that would enhance protection of the personal data of EU citizens.  Assuming that the European Union cannot stop U.S. government agencies, it means that European regulators could target U.S. technology companies in greater measure — after all, the EU already places restrictions on Google’s StreetView program and has already banned the European use of Facebook’s face recognition software.

So does that give Sweden a unique opportunity to ensure that the private data of EU citizens is not caught up in the NSA snare?

After all, Sweden is virtually synonymous with good government, right?

According to Transparency International, it’s among the least corrupt countries is the world.  In the middle of the 18th century, Sweden essentially invented the concept of freedom of information with the Freedom of the Press Act of 1766, and its leaders over the past two decades championed a EU-wide freedom of information regime.

But a reputation for transparency doesn’t necessarily connote a reputation for protecting privacy.  Wikileaks founder Julian Assange was so worried that Swedish authorities would extradite him to the United States that he chose to hunker down in Ecuador’s London embassy instead of allowing British authorities to transfer him to Sweden for a trial on a sexual harassment charge.  Swedes have also raised concerns with EU policymakers that the push for more robust data protection could actually harm government transparency by limiting the Swedish government’s ability to provide open access to documents.

Moreover, the current center-right coalition headed by prime minister Fredrik Reinfeldt of the Moderata samlingspartiet (Moderate Party) has introduced greater levels of Swedish surveillance.  In 2009, it narrowly passed legislation that would allow the government’s Försvarets radioanstalt (the National Defence Radio Establishment) to wiretap and access all international telephone and internet traffic, even if all  ultimate parties in the traffic are Swedish.  Though the legislation, know as the ‘FRA law’ passed only narrowly by Sweden’s parliament, the law had its genesis in the prior center-left government of the Sveriges socialdemokratiska arbetareparti (Swedish Social Democratic Workers Party).  It essentially codified into Swedish national law much of what PRISM has been purported to do within the United States.

The law caused some amount of concern, especially in neighboring Finland because all of its Internet and phone traffic at the time routed through Sweden.

Sweden’s foreign minister Karl Bildt earlier this week protested that Swedish activities under the FRA law are not similar to what’s been reported PRISM, in part on the basis that the FRA law was debated publicly and enacted by a duly elected parliament.  In that regard, Bildt’s right — it was clear just what was at stake when the Swedish parliament adopted the FRA law; in contrast, Facebook wasn’t even developed until three years after the U.S. PATRIOT Act.  In addition, Bildt expressed a healthy hint of suspicion about other ‘certain states,’ presumably including the United States:

 

Continue reading Can Sweden save the European Union from the NSA spooks?

Reframing the issue of Edward Snowden’s whistle-blowing: public vs. private

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Eleven years ago, in the wake of the Enron debacle, Congress passed protection for whistleblowers as part of a wide-ranging set of public company reforms within the Sarbanes-Oxley Act.USflag

Now consider that, instead of a former National Security Agency Central Intelligence Agency employee and, until very recently, a Booz Allen Hamilton employee, Edward Snowden (pictured above) were instead a disgruntled Facebook or Google employee, he knew about the voluntary cooperation with PRISM, and he honestly believed that Facebook and/or Google were enabling the NSA’s illegal activity.

If he (1) reasonably believed that his employer was breaking the law by cooperating with the NSA and (2) engaged in whistle-blowing activity as defined by Sarbanes-Oxley, would he have a claim under Sarbanes-Oxley for adverse employment action if Facebook or Google had fired him instead of Booz Allen?

Though the definition of whistle-blowing is relatively circumspect under Sarbanes-Oxley, let’s assume that for purposes of our example, Snowden ’caused information to be provided’ to a ‘government body conducting inquiries’ related to a ‘rule or regulation of the Securities and Exchange Commission.’  It’s a stretch, but certainly the participation of Facebook or Google in PRISM and the PRISM activities are material information to any potential investor and certainly affect shareholder value.

Would he have a Sarbanes-Oxley case against his employer for retaliating against him?*

More importantly, would John Boehner or Eric Holder or the American public generally be more sympathetic to him if the whistle-blowing came from within Facebook or Google and not from within the public sector?  Would the 1984 tropes be replaced by Atlas Shrugged tropes?

For the record, I think Snowden neither hero nor traitor, but I do immediately suspect the agenda of anyone who is certain of either.

I also think that the answer tells us much about how incredibly different U.S. politics is from world politics — that this is a relevant question is only possible in a highly individualistic culture like that of the United States, where distrust of government runs so high that one political party’s essential worldview for three decades has been ‘government is the problem.’

I don’t think re-framing the issue in these terms would make much difference in France or Brazil, let alone China, but I think it does in the United States.

* Theoretically, because Booz Allen is publicly traded, he might still have a case for retaliation, but I wanted my example here to be from the ‘private sector’ and not from the ‘public sector,’ though it’s obviously clear how blurred the line has become, even in a place like the United States, which we don’t think of the government as a large Venezuela-style actor in the private sector, and we like to talk about the ‘private sector’ and the ‘government’ as if there are bright lines between the two. (UPDATE: A commenter notes that when Snowden was revealed to have leaked the PRISM documents, the U.S. government would have revoked his clearance, which may have made him simply unable to carry out his duties under Booz Allen’s contract with the NSA, casting more doubt on why Snowden’s Sarbanes-Oxley case as a Booz Allen employee would be more farfetched.)

Remembering Medgar Evers and the fight for civil rights

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Exactly 50 years ago today — on June 12, 1963 — a young 37-year-old civil rights activist was brutally shot in the back in the driveway of his home in Jackson, Mississippi.USflag

That young activist, Medgar Evers, had spent his tragically truncated life as the field secretary for the National Association for the Advancement of Colored People (NAACP), a role in which he helped James Meredith break the segregation barrier in order to become the first black male to enroll in the University of Mississippi in 1962.

Evers today has entered the pantheon of American heroes.  His remains lie in Arlington National Cemetery near Washington, D.C.  If you fly into Jackson today, you’ll fly into Mississippi’s largest airport, which is now named in honor of Evers.  But at the time, his murderer was twice freed after a jury, comprised solely of white men, refused to convict him — he was convicted only in 1994 on the basis of new evidence.

In the 50 years since Evers death, the United States has become a much more equal place — after all, it elected its first non-white president five years ago, and it’s had two black secretaries of state.  The world of white privilege and segregation that Evers — and Rosa Parks, Martin Luther King, Jr. and other civil rights leaders of the 1960s — fought to tear down is unrecognizable today.

But that doesn’t mean the cause for civil rights is over.  Within the United States alone, black Americans remain far behind, as a group, on terms of socioeconomic gains.  Immigrants to the United States, many of whom came to this country as young children, remain in painful legal limbo.  Gay and lesbian Americans struggle not just for the right to same-sex marriage, but the right to live, work and exist without prejudice.  A U.S. prison population in excess of seven million people (though that number is starting to decline), many of who are in prison for non-violent offenses, faces innumerable challenges to even their basic safety behind bars.  The revelations of the NSA and PRISM programs show that the U.S. government continues to push forward with new surveillance tools that, though they may enhance homeland security, innumerably reduce global privacy rights.

That highlights the fact that the lines between greater civil rights in the United States and greater civil rights globally has blurred.  In many ways, the work of Medgar Evers is now a broader, globalized struggle.  U.S. activists work alongside European, Asia, Arab and African activists to challenge inequality worldwide.

  • In Mauritania and elsewhere in the Sahel, the fight continues against the continued practice of human slavery.
  • In Turkey, the crackdown this week of protesters at Taksim Square by prime minister Recep Tayyip Erdoğan have highlighted the fact that the biggest threat isn’t creeping Islamism, but the more garden-variety illiberal disregard for basic civil rights like freedom of speech and freedom of expression, and deeper abuses of power that have hollowed out Turkey’s democracy.
  • Even as western Europe enters a world of same-sex marriage equality, many pockets of the world feature significant hurdles for gay and lesbian individuals — sub-Saharan Africa continues to treat gay activists with brutality and just yesterday, Russia passed a troublingly broad anti-gay law.
  • In Iran, moderate presidential candidate Hassan Rowhani has pushed for the loosening of political and cultural censorship and greater political freedoms within the framework of Iran’s existing Islamic republic.
  • In the People’s Republic of China, residents of Hong Kong marched last week on the occasion of the anniversary of the government crackdown on Tiananmen Square in 1989.
  • The Arab Spring protests of 2011 — from Bahrain to Tunisia to Egypt — have made political participation unavoidable throughout the Arab world, even if new majoritarian Islamist governments now face new civil rights challenges in finding a way to make Islamic democracy work without introducing new elements of religious, political and gender-based inequality.
  • A few hundred miles from the coast of Florida, Haitians continue to suffer from some of the worst poverty in the world, exacerbated by the tolls taken by the 2010 earthquake.

So as today’s more globalized fight for civil rights continues, it’s worth reflecting today to remember Evers and an entire generation of Americans who defined much of the content of what we think of as ‘civil rights’ in their fight for racial equality in the United States half a century ago.

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Bottom photo credit to Kevin Lees — Arlington National Cemetery, Virginia, May 2012.