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From Panama to London: Legal and illegal corruption require action at the UK anti-corruption summit


The leaked information in the Panama Papers from the law firm Mossack Fonseca has captured the headlines for weeks and will continue to do so as further names are exposed. The scandal has placed Panama in the limelight and provided an unprecedented glimpse into the world of hidden money and tax avoidance. To understand its broader context, it is vital that we distinguish between legal corruption, like that exposed by the Panama Papers, and illegal corruption, like that exposed by the Unaoil scandal. Governments must seize the moment to take decisive action against both.  

The U.S., the U.K., and a range of other countries will announce commitments to combat corruption at the Anti-Corruption Summit on May 12, championed by Prime Minister David Cameron as a game-changing event. The question is whether these commitments will deliver concrete actions that target the most costly kinds of corruption that flourish globally today.  

Unfortunately, the world often engages in “summitry” filled with communiques, calls for coordination and exchanging information, or creating another toothless generic initiative, which offer media and photo opportunities that fulfill particular political objectives for some leaders. Let us see if it’s different this time.

Beyond Panama

Mossack Fonseca, and its home country Panama, are just a couple nodes in the vast and complex set of “enablers” of corruption and tax evasion around the world.     

For those seeking secret shelters and corporate shells, the mighty U.S. (which unsurprisingly doesn’t feature much in the Panama Papers) is one of the world’s most appealing destinations: Setting up a shell corporation in Delaware, for instance, requires less background information than obtaining a driver’s license. As seen in the chart below, this opacity, coupled with the size of the U.S. as a haven, means that it has been ranked the third most secretive jurisdiction among close to 100 assessed by the Financial Secrecy Index. Panama is 13th.

Figure 1: Financial Secrecy Index 2015 (Select jurisdictions, from the Tax Justice Network)


Source: The Tax Justice Network’s Financial Secrecy Index http://www.financialsecrecyindex.com/introduction/fsi-2015-results

This graph depicts the top 40 worst performing jurisdictions as well as four select better performing jurisdictions (right of dashed line). The Index combines a qualitative secrecy score based on 15 indicators and a quantitative measure of a jurisdiction's share in global financial services exports. 


And the U.K. is an important enabler of corruption: It has stood by as its offshore jurisdictions and protectorates operate as safe havens for illicit wealth, which the Panama Papers make clear. The British Virgin Islands, for example, were the favored location for thousands of shell companies set up by Mossack Fonseca.  

Beyond tax shelters 

The Panama Papers speak only indirectly to core aspects of today’s global corruption challenge, which are neither about Panama nor taxes. We ought to view the resulting scandals in a broader light, and recognize the immense, complex webs of corruption that increasingly link economic and political elites around the globe.

Grand corruption

The most powerful figures who engage in high-level or “grand” corruption are hardly running scared following the Panama leak. These figures include kleptocrat leaders as well as oligarchs who wield enormous influence on government affairs. Often, these players interact and collude, forming high-powered public-private networks that make the traditional notion of corruption as an illegal transaction between two parties look like child’s play.

Corruption in these elite networks far transcends the unethical behavior of the typical tax avoider, as it involves the abuse of power to accumulate power and assets, often via the direct plunder of public resources, asset stripping, or large-scale bribery. The multi-billion-dollar scandal embroiling the Brazilian oil giant Petrobras illustrates the complexity of colluding networks, and how grand such corruption can inflict political and economic damage of historical proportions on a country. 

The oil sector provides many more illustrations of grand corruption. Few company officials may have been more relieved by the Panama Papers leak than those at Unaoil, whose own scandal had just erupted. Unaoil is an “enabler” company incorporated in Monaco that bribed and influenced government officials in various countries on behalf of multinational companies vying for lucrative procurement contracts. While overshadowed by the Panama leaks, the Unaoil case is at least as emblematic of the challenges in tackling global corruption. For instance, it shows the deeply ingrained practice of Iraqi government officials seeking bribes for the award of contracts and the willingness of companies to provide them.

Corrupt elites, including those embroiled in the Unaoil scandal, often use structures like shell corporations and tax havens (along with real estate and other investments) to hide their ill-gotten funds. However, even if the Panama Papers leak prompts more scrutiny on illicit financial flows and the reform of these opaque financial structures, grand corruption will continue in many locations.  It is noteworthy that the political fallout has been concentrated in relatively well-governed countries that do have accountability and anti-corruption systems in place, as illustrated by the resignations of the prime minister of Iceland, the industry minister of Spain, and the head of Chile’s Transparency International chapter

In sharp contrast, President Vladimir Putin brushed off the leaked Russian information as a Western anti-Putin conspiracy; in China, discussion and dissemination were muffled by media censorship; and, in Azerbaijan, exposure of details on President Aliyev’s family mining interests will hardly dent his hold on power. While reforms leading from the Panama leaks will hopefully deter tax dodgers and unethical corporations and individuals from hiding dirty assets, powerful corrupt leaders will continue to enjoy impunity.

Legal corruption and state capture   

The Panama Papers shed a sliver of light on the type of corruption that is perhaps most damaging and difficult to tackle: legal corruption and state capture. Around the world, powerful economic and political elites unduly influence laws and policies, shaping the rules of the game for their own benefit, or what has been called the “privatization of public policy and lawmaking.” This generates huge rents for the elite, increases their power, and exacerbates a country’s political and economic inequality.

Resource-rich countries provide many illustrations. In Angola, the Democratic Republic of Congo, Nigeria, and Venezuela, for example, political elites have used state-owned resource companies to serve patronage agendas, often—though not exclusively—through legal means.

In many industrialized countries, an example of state capture is the tax system itself. It is in the interest of elites to safeguard a worldwide network of secret offshore companies and tax havens as places to hide wealth—whether acquired legitimately or illicitly. The evidence on tax avoidance from the U.S. is telling: According to Zucman, since the 1950s the effective rate of corporate tax has decreased from 45 to 15 percent, whereas the nominal rate has only decreased from 50 to 35 percent. And U.S. companies make full use of foreign tax havens: According to a new Oxfam report, the top 50 American multinationals reported in 2008 that 43 percent of their foreign earnings came from five tax havens, accounting for only 4 percent of the companies’ foreign workforces. Further, Bourguignon reports that federal tax rates on the richest Americans fell by 15 percent between 1970 and 2004.

Risks of legal corruption in the U.S. run high because private money can so easily sway public affairs. Following the 2010 Citizen United ruling by the Supreme Court, private funds from deep pockets increasingly dominate the conduct of electoral campaigns. The avenues for private money to influence public officials may widen further, if forms of bribery traditionally considered illegal become legalized. A forthcoming Supreme Court decision could make it legal for public officials to receive gifts and other benefits from private individuals (potentially overturning the corruption conviction of a former Virginia governor for doing exactly that).  

What should be done?     

Upfront, there are no easy solutions, especially because powerful decision-makers benefit from this status quo. But there is the opportunity, and public pressure, to reform.  As mentioned, the cause of tackling corruption often attracts token gestures, and David Cameron’s announcement of a new global anti-corruption agency could be at high risk of falling into this category. Rather, countries like the U.S. and U.K. must take firm action to reform their own practices, and push for the same from their partners such as the U.K. crown dependencies and overseas territories, the European Union and G20 members, and the recipients of overseas aid.

First, take legal corruption and state capture seriously. 

Transparency can be one game changer, especially if it addresses the channels of influence through which policy becomes “privatized.” Disclosures of campaign finance contributions, conflicts of interests, assets held by (and tax returns filed by) politicians and public officials, and parliamentary deliberations and votes can all discourage abuse and reveal hidden networks at play. Encouragingly, the Organisation for Economic Co-operation and Development (OECD) recently issued their first salvo, the report “Financing Democracy,” focusing on a few selected case studies, and as a next step it should be empowered to develop standards and carry out assessments on political finance for all OECD countries.

Transparency will only help if citizens can actively scrutinize and engage with their governments. Civic space is under attack in many jurisdictions, with activists and journalists facing intimidation, prosecution, or worse. Securing rights of expression and assembly should be the business of any international actor concerned with anti-corruption or economic governance. For instance, when considering funding requests from governments with weak records on protecting civil society—like Angola and Azerbaijan—the World Bank and International Monetary Fund as well as donors like the U.S. should prioritize civic accountability as well as broader transparency reforms.

Furthermore, grand corruption will not decline without more effective prosecutions and other sanctions that target bribe-takers, as well as the facilitators and middlemen of corruption, be they lawyers, accountants, or fixers like Unaoil. Of course, law enforcement authorities should also remain vigilant against bribe-paying companies; and governments—including OECD members implementing to varying degrees the OECD foreign bribery convention—would do well to emulate the active enforcement of the U.S. Foreign Corrupt Practices Act (FCPA) in this regard. But bribe-takers and facilitators have not faced sufficient scrutiny and sanction.

Second, get rid of shadowy corners.

Lessons yielded by recent events from the 2008 financial crisis to the Panama Papers suggest that major global players should not allow large corners of the global economy to escape scrutiny. The U.S. and the U.K. (with its offshores), should heed the calls for dismantling secrecy and tax havens. Seeds of effort, such as the U.S. government’s decision to require banks to know the identities of the individuals behind shell companies, are now coming to light, but broader efforts, including legislation, will also be required.  

Beneficial ownership transparency should become standard operating procedure, with governments following the example of the U.K., the Netherlands, and others in setting up public registries, and joining the movement toward a global registry. In the case of resource-rich countries, establishing sector-specific registries may be the right place to start. This practice is now mandated by the Extractive Industries Transparency Initiative.

Within the extractive sector, home country governments should subject commodity traders to payment disclosure requirements when doing business with governments and state-owned companies. Governments of countries like Switzerland, the U.K., and Singapore that are home to corporate actors shoulder significant responsibility, especially in the current era of low commodity prices, when traders are entering into profitable new deals with cash-strapped resource-producing countries. Shining light in dark corners like these will render them less susceptible to abuse.

Third, prioritize transparency and scrutiny when public resources are allocated.

Whenever a government allocates resources for exploitation, it ought to do so in a fully transparent fashion. The Open Contracting Partnership has made great strides in defining a gold standard for such reporting, including guidance on issues such as open data, corporate identifiers, and beneficial ownership reporting.

Natural Resource Governance Institute research on oil and mining sector corruption shows that multiple types of high-value allocations require scrutiny and contract disclosure. These include the allocation of exploration and production licenses, but also on export, import, or transport rights, which have been associated with corruption in countries such as Indonesia, the Republic of Congo, and Ukraine. And most of the oil sector cases prosecuted under the U.S. FCPA have arisen around the award of service contracts, a segment of the oil industry where the Unaoil and Petrobras scandals also took place. Transparency should be the default setting for any transactions that allocate public resources. Further scrutiny is also needed on the abuse of (mis-)managed exchange rate regimes that generates rents for the few and creates major economic distortions, such as currently in Nigeria, Venezuela, and Egypt.

Concrete impact will also require a major attack on impunity since transparency and freedom of expression are necessary, but insufficient. And governments including those of the U.S. and the U.K. should adopt reforms to address legal corruption and various forms of opacity—whether addressing the capture by money in politics or the “dark corners” among oil traders headquartered in Geneva and London. 

An ambitious commitment to tackling corruption and impunity is not only needed now, but demanded by societies, as events in Brazil and elsewhere show. This is a potentially “game-changing” global moment to make real progress.  

This piece is also available in Spanish and French

Authors

      
 
 




don

Donald Trump’s fiscal package promises to promote expansion

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Indonesia’s imminent presidential election

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don

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President Obama recently unveiled an ambitious new plan to pump $32 billion more annually into sustainable 21st century transportation infrastructure. With a dual focus on jumpstarting economic investment and reducing carbon pollution, the plan aims to drive innovations in public transit, intercity rail, and electric vehicle technology, and other clean fuel alternatives. In short, the…

       




don

Innovation Districts Appear in Cities as disparate as Montreal and London

For years, corporate campuses like Silicon Valley were known for innovation. Located in suburban corridors that were only accessible by car, these places put little emphasis on creating communities where people work, live and go out.

But now, as the economy emerges from the recession, a shift is occurring where innovation is taking place. Districts of innovation can be found in urban centres as disparate as Montreal, Seoul, Singapore, Medellin, Barcelona, and London. They are popping up in the downtowns and midtowns of cities like Atlanta, Cambridge, Philadelphia, and St. Louis.

These are places where advanced research universities, medical complexes, and clusters of tech and creative firms are attracting businesses and residents.

Other innovation districts can be found in Boston, Brooklyn, San Francisco, and Seattle, where older industrial areas are being re-imagined and remade, leveraging their enviable location near waterfronts and city centres and along transit lines. Innovative companies and talented workers are flocking to these areas in abundance.

Even traditional science parks like Research Triangle Park in Raleigh-Durham are scrambling to urbanise to keep pace with their workers' preference for walkable communities and their companies' desire to be near other firms.

In these districts, leading anchor institutions and start-ups are clustering and connecting with one another. They are coming together with spin-off companies, incubators, and accelerators in the relentless pursuit of new discoveries for the market.

These areas are small and accessible, growing talent, fostering open collaboration, and offering housing and office space as well as modern urban amenities. They are both competitive places and "cool" spaces.

The growth of innovation districts is being driven by private and civic actors like universities, philanthropies, business associations and business improvement districts. Yet local governments play an important role in accelerating the growth of districts and maximising their potential . Three roles stand out:

1) Mayors are leading efforts to designate districts

Barcelona's former mayor Joan Clos set his eyes on transforming his city into a "city of knowledge". Through extensive, focused public planning and investment, Clos designed an innovation district from the debris of a 494-acre industrial area, which was scarred and separated from the rest of the city by railroad tracks. His vision included burying these tracks, increasing access via a new public tram, designing walkable streets, and creating new public spaces and housing.

Today, the area is a 21st-century urban community with 4,500 firms, thousands of new housing units, and clusters of universities, technology centres, and incubators.

Across the Atlantic in Boston, former mayor Tom Menino declared the South Boston waterfront an innovation district in 2010. Menino persuaded innovators like MassChallenge to move to the district and exacted important concessions from developers (including land for innovation-oriented retail, shared labs and other spaces, and micro-housing) to help realise the district's vision.

2) Changing land-use laws to build spaces with a mix of facilities

Barcelona and Research Triangle Park, for example, developed bold master plans encouraging the "mixing" of large and small firms, research facilities, housing, restaurants, and retail and outlining where to create open spaces for networking. Cambridge, Massachusetts, by contrast, has allowed incremental moves from rigid, antiquated rules to encourage similar outcomes in Kendall Square .

3) Supporting scarce public resources with large private and civic investments

In New York , former mayor Michael Bloomberg deployed $100m in municipal capital to prepare the infrastructure necessary to lure Cornell and Technion universities to Roosevelt Island. In other cities, including St Louis and Seattle, local resources are financing infrastructure improvements to buttress and accelerate private growth.

Given that many innovation districts are adjacent to low-income neighbourhoods, cities like Philadelphia are considering smart use of school investments to prepare disadvantaged youth for good jobs in the Stem (science, technology, engineering, and math) economy.

As this decade unfolds, we should expect more cities to use their powers in the service of this new model of innovative, inclusive, and resilient growth.

This opinion originally appeared in The Guardian

      
 
 




don

Congress and Trump have produced four emergency pandemic bills. Don’t expect a fifth anytime soon.

       




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Donald Trump is spreading racism — not fighting terrorism

       




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Campaign Reform in the Networked Age: Fostering Participation through Small Donors and Volunteers

Event Information

January 14, 2010
10:30 AM - 12:00 PM EST

Falk Auditorium
The Brookings Institution
1775 Massachusetts Ave., NW
Washington, DC

Register for the Event

The 2008 elections showcased the power of the Internet to generate voter enthusiasm, mobilize volunteers and increase small-donor contributions. After the political world has been arguing about campaign finance policy for decades, the digital revolution has altered the calculus of participation.

On January 14, a joint project of the Campaign Finance Institute, American Enterprise Institute and the Brookings Institution unveiled a new report that seeks to change the ongoing national dialogue about money in politics. At this event, the four authors of the report will detail their findings and recommendations. Relying on lessons from the record-shattering 2008 elections and the rise of Internet campaigning, experts will present a new vision of how campaign finance and communications policy can help further democracy through broader participation.

Video

Audio

Transcript

Event Materials

      
 
 




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Early Voting: A Live Web Chat with Michael McDonald


Event Information

September 26, 2012
12:30 PM - 1:00 PM EDT

Online Only
The Brookings Institution
1775 Massachusetts Ave., NW
Washington, DC

Register for the Event

Thousands of Americans are already casting their votes in the 2012 elections through a variety of vote-by-mail and in-person balloting that allows citizens to cast their votes well in advance of November 6. From military personnel posted overseas to absentee voters, these early voting opportunities give voters the opportunity to make their voices heard even when they can’t stand in line on Election Day. However, there are pitfalls in the process.

Expert Michael McDonald says that while a great deal of attention has been focused on voter fraud, the untold story is that during the last presidential election, some 400,000 absentee ballots were discarded as improperly submitted. How can early voters make sure their voices are heard? What effect will absentee and other early voting programs have in this election year? On September 26, McDonald took your questions and comments in a live web chat moderated by Vivyan Tran of POLITICO.

12:30 Vivyan Tran: Welcome everyone, let's get started.

12:30 Michael McDonald: Early voting was 30% of all votes cast in the 2008 election. My expectation is that 35% of all votes in 2012 will be cast prior to Election Day. In some states, the volume will be much higher. In the battleground state of CO, about 85% of the votes will be cast early; 70% in FL; and 45% in Ohio.

What does it all mean? Hopefully I will be able to answer that question in today's chat!

12:30 Comment from JMC: At what point do you think that the in person early voters become less partisan types eager to cast their vote and more "regular folks" who would be more swayed by debate performances, TV ads, and the like?

12:30 Comment from Jason: 400,000 absentee ballots were discarded in 2008? How?

12:30 Michael McDonald: Reasons why election officials reject mail ballots: unsigned, envelope not sealed, multiple ballots in one envelope, etc. 400K rejected in 2008 does not include the higher rate of spoiled ballots that typically occur with paper mail ballots compared to electronic recording devices used in polling places. Moral: make sure you follow closely the proper procedures to cast your mail ballot!

12:31 Michael McDonald: @JMC: If they are going to vote early, most people wait until the week prior to the election. Those voting now have already made up their minds. But, the polls indicate many people have already done so, so maybe we see more early voting in 2012 as a consequence.

12:31 Comment from User: It was my understanding that absentee ballots are never counted unless the race is incredibly close in a particular state? Is that true - or do the rules for that vary by state?

12:32 Michael McDonald: No, all early votes are counted. What may not be counted, depending on state law and if the election is close enough for them to matter, are provisional ballots.

12:33 Comment from Damion: The blurb here says 400,000 early votes were discarded. Shouldn't the board of elections be reprimanded for that? Who was at fault and what consequences were there?

12:33: Michael McDonald: No, these are ballots "discarded" because people did not follow proper procedures and they must be rejected by law.

12:33 Comment from Shirley: Can you Facebook your vote in?

12:34 Michael McDonald: No. However, election officials are transmitting ballots electronically to overseas citizens and military voters. Voters must print the ballot, fill it out, sign it, scan it, and return. There are ways for these voters to verify that their ballot was received.

12:35 Comment from Karen K: What kind of impact could these discards have on the 2012 election?

12:36 Michael McDonald: Difficult to say. More Republicans vote by mail (excluding all mail ballot states). But, we don't know much about those who fail to follow the procedures. They might be less educated or elderly, and thus might counter the overall trend we see in mail balloting. Who knows?

12:37 Comment from User: This is the first I've heard of so many early votes getting discarded. Is this an issue people are addressing in a serious way?

12:38 Michael McDonald: Unfortunately, we are too focused on issues like voter fraud, which are low occurrence events, when there are many more important ways in which votes are lost in the system. Hopefully we can get the message out so fewer people disenfranchise themselves.

12:39 Comment from Anonymous: What do we know so far about absentee votes for 2012? Can we tell who they're leaning toward in specific states and how?

12:40 Michael McDonald: It's a little early :) yet. One of the major changes from 2008 is that the overseas civilian ballots -- a population that leans D -- was sent ballots much earlier this year than in 2008. We'll get a much better sense of the state of play in the two weeks prior to the election.

12:41 Michael McDonald: That said, the number of absentee ballot requests is running about the same as in 2008, if not a little higher, suggesting that the early vote will indeed be higher than in 2008, and perhaps that overall turnout will be on par with 2008, too.

12:41 Comment from Leslie: So, how can I ensure my early ballot is counted? There are so many rules and regulations, I'm never sure I've brought/filled out the paperwork.

12:42 Michael McDonald: Many states and localities allow people to check on-line the status of their ballot. Do a search for your local election official's webpage to see if that is available to you.

12:42 Comment from Daryyl: Can you define provisional ballots then?

12:44 Michael McDonald: Provisional ballots are required under federal law to allow people to vote if there is a problem with their voter registration. Election officials work after the election to resolve the situation.

If you vote in-person early, then you can resolve provisional ballot situations much sooner, which is good.

12:45 Michael McDonald: Some states use provisional ballots for other purposes: e.g., for a person who does not have the required id or to manage a change in voter registration address. One of the untold stories of this cycle is that FL will manage change of reg. address through provisional ballots. OH does so, and 200K provisionals were cast in 2008. Expect 300K in FL, which may mean we will not know the outcome in FL until weeks after the election. Can you say 2000?

12:45 Comment from Mark, Greenbelt: Is early voting a new phenomenon, or is it increasing? It seems we should make it easier for people to vote when they can.

12:46 Michael McDonald: We are seeing more people vote early, particularly in states that offer the option. However, only MD changed its law from 2008 to allow in-person early voting. OH is sending absentee ballot requests to all registered voters, which is not a change in law, but a change in procedure that is expected to significantly increase early voting there.

12:47 Comment from Jennifer S. : Why do we vote on Tuesday? It seems inconvenient. Wouldn't more people vote if we did it on the weekend? Or over a period of days that offered both morning and evening hours?

12:48 Michael McDonald: We used to have early voting in the US! Back at the Founding, elections were held over several days to allow people living in remote areas to get to the courthouse (the polling place back in the day) to vote. In the mid-1840s, the federal gov't set the current single day for voting because -- what else? -- claims of vote fraud. That people could vote more than once.

12:49 Comment from Winston: What percentage of the U.S. population votes? And, if you could make one change that would increase voting in the U.S. what would be?

12:50 Michael McDonald: I also calculate turnout rates for the country for the media and academics. 62.2% of the eligible voters cast a ballot that counted in 2008. If I were to wave a magic wand, I would have election day registration. California just adopted it yesterday (but starting 2015). States with EDR have +5-7 percentage points of turnout.

12:50 Comment from Bernie S.: One of your colleagues at Brookings, Bill Galston, has suggested that we make voting mandatory, as they do in Australia. What do you think of that idea? Is it even possible here?

12:51 Michael McDonald: That will never happen in a county that values individual freedom so deeply as the US. Fun fact: a few years back, AZ voters rejected a ballot initiative to have voters entered into a lottery.

12:51 Comment from James: If early voting becomes more and more common, shouldn't candidates start campaigning earlier?

12:53 Michael McDonald: They do. In fact, you will see the presidential candidates visit battleground states that have in-person early voting at the start of the period. In 2008, you could see how early voting increased in places where Obama held rallies.

12:53 Comment from Devi P. : What are the factors that drive turnout? How do we get people to the polls? And what can you say about the "microtargeting" strategies the political parties are using to get their voters out?

12:54 Michael McDonald: One of the major ways in which elections have changed in the past decade is that campaigns now place more effort into voter contacts. Over 50% of people reported a contact in 2008. These contacts are known to increase turnout rates by upwards of 10 percentage points. Even contacts from Facebook friends seems to matter!

12:54 Comment from Wendy P, Ohio: What's your position on electronic voting? Can't every voting machine be hacked? Isn't plain old paper balloting more secure?

12:56 Michael McDonald: I went to Caltech, so I am sensitive to the potential for hacking. That said, I encourage experimentation so that we can build a better system. There are counties that do hold electronic elections!

12:56 Comment from Leslie: 400,000 seems like a lot - does this actually have impact on the electoral votes, and if so, should we be worried in this coming election that a lengthy recall may occur?

12:57 Michael McDonald: It could affect the outcome. So please spread the word through your networks. This is the #1 way in which votes are lost in the system!

12:57 Comment from JVotes: Perhaps we should microtarget with ballot issues. Many Americans seem disappointed with the two candidates we have to choose from.

12:58 Michael McDonald: Actually, ballot issues are known to increase turnout. But only a small amount in a presidential election, about 1 percentage point. People vote in the main show: the presidential election.

12:58 Michael McDonald: Interesting aside on that: early voting seems to have a small turnout effect in presidential election, but a larger effect in state and local elections.

12:58 Comment from Jaime Ravenet: Is there a reading of the new voter ID requirements (in at least the 9 most contested states) that does not constitute an "abridgment" of citizens' voting rights?

1:00 Michael McDonald: Perhaps under state constitutions. But the US Supreme Court has already ruled in favor of Indiana's id law. Still, that does not mean that lawyers will try to find some way under federal law to overturn them. TX was blocked because their law was determined to be discriminatory, per Sec. 5 of the Voting Rights Act.

1:00 Vivyan Tran: Thanks for the questions everyone, see you next week!

      
 
 




don

Don’t hold back on fighting the Taliban


Should the United States and NATO consider deploying their current airpower in Afghanistan more assertively? In a May 21 Wall Street Journal op-ed, that’s what retired general and former Afghanistan commander David Petraeus and I contend. Under current rules of engagement, their airpower is used only against al-Qaida or ISIS targets, or when NATO troops are in imminent danger—or, in extremis, when there is a strategic threat to the mission from Taliban attack. As a result of this and other factors, the employment of ordnance by U.S. airpower in Afghanistan is far less than in Iraq and Syria—perhaps by a factor of 20 less, in fact.

But the Taliban can and should be targeted more comprehensively in Afghanistan. An American drone strike over the weekend in the Pakistani province of Baluchistan killed the leader of the Afghan Taliban, Mullah Akhtar Mohammed Mansour. That’s welcome news, since the organization he led is the group that allowed al-Qaida to use Afghan bases to prepare the 9/11 attacks; they continue to kill many innocent Afghan and NATO troops, including with horrific attacks in Kabul and elsewhere; they continue to favor draconian measures if they are ever able to regain power in Afghanistan in the future; and they remain a serious threat to the Afghan government and people. The fight against them is far from lost, but the Afghan military's airpower remains underdeveloped and in need of considerable help from the United States and NATO for at least a couple more years.

     
 
 




don

Don't despair over Brexit


Editor's Note: This past week's vote in the United Kingdom to leave the European Union reveals huge frustration among British voters with economic, immigration, national self-identity, and the whole "European project." Trade between Britain and continental Europe could be notched back a bit as tariffs; London's role as a financial capital of the world may be compromised somewhat. But after acknowledging such real, if finite, concerns, writes Michael O'Hanlon, we should take a deep breath and relax. This piece was originally published by USA Today.

There's no denying it: this past week's vote in the United Kingdom to leave the European Union is very big news. It reveals huge frustration among British voters with economic globalization, immigration, national self-identity and the whole "European project." And there will be costs. Trade between Britain and continental Europe could be notched back a bit as tariffs return; London's role as a financial capital of the world may be compromised somewhat.

But after acknowledging such real, if finite, concerns, we should take a deep breath and relax. Silly headlines like that appearing in the June 25 NY Times about a looming end to the post-World War II order are not only premature, they are basically wrong.

Start with that order. The United States and United Kingdom worked together to win World War II, of course, without the UK being part of any European Union or even a European Community. (The European Community or EC was organized for European economic cooperation that began in the 1970s; it did not create open borders within Europe the way the European Union later did.) Indeed, we collectively won the Cold War without the European Union, which was not created until 1993. Western Europe had already re-established itself as a modern economic powerhouse before the creation of the EU, recovering spectacularly from the unbelievable wartime devastation that occurred in the 1940s. The United States helped a great deal with that process through the Marshall Plan and other mechanisms—none of which depended on EU bureaucracies or open borders.

Look at it another way. The UK is an important country. But with 1% of world population and 3% of world GDP, it does not drive the modern global economy. The stakes here are real, but again, they are finite.

Moreover, the tanking of shocked stock markets right after the Brexit vote should not confuse us about the state of economic fundamentals. To be sure, lots of people will have to work hard to negotiate new terms for Britain's future association with Europe. But the UK and the European Union's remaining 27 members will have powerful incentives to keep trade relatively free and financial markets quite integrated. Think of the models of Norway and Switzerland—also not EU members, but important and interlocking parts of the continent's economy. The UK is likely to wind up with a similar role in Europe's future.

Some people will worry about whether Brexit will weaken the EU's ability to stand up to Vladimir Putin as he causes unrest in eastern Europe. That is doubtful. The EU just last week renewed sanctions, with Germany and other continental countries leading the way. Britain's voice on such matters is important, but no more so than Germany's or France's, and it can remain important on the outside.

What about the US-UK "special relationship?" Again, I do not anticipate major problems. It is called a special relationship for a reason. We have been close allies for a century or more, and much of our best work together has happened bilaterally rather than through any EU, EC, UN, or other such multilateral mechanisms. That can continue.

The UK will remain in NATO, moreover — and NATO is, by far, the more important organization for global security, because it includes the United States while the European Union naturally does not. It is NATO, for example, that intervened in the Balkans wars in the 1990s and NATO that leads the Afghanistan mission even today. It is NATO that is sending battalions into eastern Europe today to stand up militarily to Putin.

On other issues, Britain has maintained its own prerogatives even while in the EU. In the Iran nuclear talks that led to last year's accord, for example, Britain had its own, independent role and voice. That won't change for similar situations in the future.

Even if, in coming years, Scotland secedes from the UK in order to rejoin the EU, that will cost the United Kingdom only 8% of its population (even if a higher percent of its castles, Loch Ness monsters, and men in skirts). Admittedly, the UK's ability to sustain nuclear forces could be challenged without access to Scottish ports—but those nuclear weapons, with all due respect to British friends, aren't really crucial pillars of today's global order in any event. Maybe Scottish secession would even persuade Britain to stop maintaining an unnecessary and costly nuclear deterrent.

To be sure, one can always find some hypothetical scenario in which having the UK outside of the European Union complicates life. To be sure, pulling out will make life temporarily harder for British and European diplomats and bureaucrats as they fashion a revised European order. And most of all, it is true that we need to take seriously the skepticism about globalization that UK voters have just voiced in a powerful and emphatic way. But the postwar global order is hardly falling apart.

Publication: USA Today
Image Source: © Andrew Kelly / Reuters
      
 
 




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Clinton’s emails don’t jeopardize U.S. security


Note: FBI Director James Comey recommended this week that no criminal charges be pressed against presumptive Democratic presidential nominee Hillary Clinton for her use of a private email server while she was secretary of state. And Attorney General Loretta Lynch has formally closed the Department of Justice’s investigation. But congressional Republicans—who called Comey to testify before the House Oversight committee yesterday—insist that Clinton’s conduct jeopardized U.S. national security.

As I wrote back in February, when it was revealed that 22 of the emails in question were deemed too classified to be made public: “Hillary's emails (even if they were released) could not do anything more than confirm or repudiate what has already been widely investigated.” I called for distinguishing mistakes from crimes and argued that Clinton’s use of a private email server never put America’s security at risk. 

Due to the renewed relevance of that post, it is re-posted below.


What to make of the recent report that 22 emails from Hillary Clinton's private server, written while she was secretary of state during the first Obama term, contain such highly classified material that they cannot be released to the public? Republicans have seized on the latest news to argue that Hillary Clinton was careless or even reckless in her treatment of national secrets. They’ve thereby challenged her credentials and judgment as she pursues the presidency.

Clinton has acknowledged some mistakes in the use of a personal email account and server when she led the State Department, but her campaign has dismissed the latest news as evidence of a U.S. government classification system run amok that often slaps a top secret label on even the most innocuous of information. 

With the emails at issue now classified, it’s hard to understand the basis for this dispute very well. Who are we to believe? Most people are probably falling back on their preconceived views about Hillary, but it would be nice to find a more objective way to assess the latest news—especially as primary voting season begins.

A hypothetical

I can't be sure what's going on here either. But there have been reports that some of the sensitive emails might have involved the use of drones in certain parts of the world where the U.S. government has chosen not to announce or publicize its use of that technology. 

Let's explore that, on the hunch that it may be what's behind the latest brouhaha. For years, there has been a great deal of media coverage of how unmanned aerial systems, including armed ones, have been used in the broader war on terror. If there ever were any real secrets here, they have been very badly kept. Certainly, Hillary's emails (even if they were released) could not do anything more than confirm or repudiate what has already been widely investigated, in this country and around the world. It seems quite unlikely that she was so careless as to describe any technical aspects of those drones or to otherwise risk the leakage of information that was truly still secret (in the sense that word is normally used in the English language, rather than the way the U.S. government employs it when making classification determinations).

Hillary's emails (even if they were released) could not do anything more than confirm or repudiate what has already been widely investigated.

Imagine a situation in which the United States government wished to use force as part of a broader military operation that Congress had already approved in broad contours, going back to the 2001 Authorization on the Use of Military Force that followed the 9/11 attack. But the employment of force in a particular place was seen as politically sensitive—less so in the United States, where Congress had already authorized the conflict, but in a foreign country, where the government at issue was not willing or able to publicly support America's use of military force on its territory. This could be a situation where the foreign government in question actually had few qualms about the U.S. action, but did still not wish to be associated with them—in fact, it may have wanted the license to complain about them publicly, both to its own public and other nations. It wanted, in other words, to have its cake and eat it too.

In this situation, whether the U.S. decision to accept such constraints on its action was wise or not, it would not be allowable for an American public official to discuss the policy. The actual use of armed force would occur through covert elements of the U.S. government, and under domestic laws governing such activities. 

We would have twisted ourselves into knots to avoid displeasing a foreign government that otherwise might make a huge stink about our using American military power on its territory—and might even retaliate against us in some way if the information were publicly confirmed. Everyone in that country, the United States, and other places would have a strong suspicion of what we were actually doing, but there would be no official confirmation. It's not exactly plausible deniability. Call it implausible deniability, in fact.

In such a situation, as a top official in the United States, Hillary Clinton would perhaps have been an architect of the policy (or have inherited it from a previous presidency). Either way, she would be expected to abide by it, and treat the information as highly sensitive. If she did not do so, that was indeed a mistake on her part.

Distinguishing mistakes from crimes

But if this thought experiment bears any resemblance to what actually is behind those 22 emails, one more thing should also be clear—no major national secret was at risk of getting out because of Secretary Clinton's misjudgment. Her email practice was potentially a mistake, but no high crime, and America's security was never put at risk.

Of course, it's still up to voters to decide how to weigh this potential issue in the panoply of so many others that influence their choices for president. Even if I’m right in my guess about what's going on here, I don’t claim to be in a position to answer that question for anyone.

      
 
 




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Donald Trump is wrong about NATO


Editors’ Note: Though our allies could do more, the United States benefits not just from military spending, write Kathleen Hicks and Michael O’Hanlon. U.S. allies are not just an advantage for America; they also are the central characteristic of its global leadership. This post originally appeared on USA Today.

Donald Trump questions the value of America's alliances, and at one level it must be acknowledged that he has a point. There is not enough burden-sharing.

Most starkly, the United States spends 3 percent of gross domestic product on its armed forces, while the rest of NATO averages 1.4 percent of GDP even after agreeing formally to a 2 percent target. And the consequences are natural—for example, at the peak of the Afghanistan war, the U.S. provided 100,000 troops to the mission while the rest of NATO managed only about 35,000.

[W]hatever the imperfections of America's allies, it is unconvincing to view them as a drain on the country.

But whatever the imperfections of America's allies, it is unconvincing to view them as a drain on the country. On balance, they are not just an advantage for America; they also are the central characteristic of its global leadership. Russia and China are blessed with the likes of Belarus and North Korea as their formal security partners. Meanwhile, America has nearly 60, most of them among the world's dominant technological and economic powers. Two-thirds of global GDP and two-thirds of global military spending is found within the broad, U.S.-led Western security coalition. This is unprecedented in the history of the world, especially in the absence of a clear agreed threat that would motivate such an alignment.

The stakes are very high. Trump is apparently willing to disband NATO as well as our key Asian alliances, and to withdraw from the Middle East as well—a "Trexit." At risk is a core principle of America's post-World War II strategy—that trying to stay out of others’ business did not work and, in fact, helped lead to the world wars. Trump in particular seems to reject the core elements of America’s strengths in the world market and international security system. With the tumult roiling Europe today, it is worth reviewing the basics on why our unparalleled alliance structure pays off.

Allies are not all alike. Although our Western European allies generally under-invest in common defense objectives, our Middle East partners and several in Asia do far better. The Middle East allies spend considerably more than the NATO members; South Korea comes in at about 2.5 percent, with Australia at 2 percent. Moreover, contrary to conventional wisdom, the U.S. does not squander huge sums of money basing troops on the territories of its wealthy allies. According to RAND analyses and our own estimates, it costs less than $10 billion a year to keep U.S. forces in key industrial nations. That amounts to less than 2 percent of the defense budget. And of that nearly $10 billion, half or more is paid by the host nations themselves.

Moreover, basing those U.S. forces abroad can be more efficient than keeping them at home, allowing a modestly smaller force to do the same job in some cases (as with the aircraft carrier based in Japan, for example)—saving substantially more than $10 billion annually, in fact.

Military might and spending are not the only measure of alliance contributions to security. It is worth remembering that many wealthy allies spend a lot more of their national wealth on development aid and refugee resettlement than does the United States—on average, in the range of 0.5 percent of GDP more than we do, which is real money even measured against the sizes of our military budgets. NATO allies also commit much more to United Nations peacekeeping missions than we do—roughly 10,000 troops, plus or minus, in recent decades. While they did not match us in Afghanistan, they collectively suffered more than 1,000 fatalities and have stuck with the mission for 15 long, hard years.

Those who question the basic value of our alliances or engagement overseas go too far.

Nor is it all about military power. European members of NATO are absorbing the greatest costs and risks in applying sanctions on Russia over its behavior in Ukraine. The U.S. tally is not even a 10th of the European Union's Russian trade. Europe was also collectively crucial in applying sanctions on Iran.

Perhaps this would have happened anyway, without NATO, in the world Trump wants to create. Perhaps not.

It would be a different matter if America had lots of allies that went around causing wars and then expecting U.S. GIs and taxpayers to bail their chestnuts out of the fire once they overreached.

But that is not the case. Since the creation of the U.S. post-World War II alliance system, those few interstate wars that have happened have largely been caused by neutral or adversarial states—North Korea attacking South Korea, Arab states attacking Israel (in the days before many of the former became security partners with the United States), Iraq attacking Iran and Kuwait, China and Vietnam throwing their weight around their neighborhoods in earlier Cold War decades, and Russian President Vladimir Putin redrawing borders in Europe (after decades of the Soviet Union drawing an Iron Curtain across Europe).

In those rare cases where U.S. allies did employ force, as with Pakistan attacking India in earlier eras, or the British and French acting in former colonial states, it was generally understood that America would not help them, and we didn’t.

There are valid critiques about alliance burden-sharing, many of which are universally shared by foreign policy practitioners. Even so, the verdict is simple: Those who question the basic value of our alliances or engagement overseas go too far. In so doing, they distort the big picture. On balance, America’s alliances help this country undergird a global security system that has dramatically reduced the prevalence of war between nations in modern times, while currently costing the country only 3 percent of GDP.

A Trexit would be a disaster for Americans. To paraphrase Trump himself, our international security posture is a very good investment—and one that the U.S. global system of alliances does much to make possible.

Authors

Publication: USA Today
      
 
 




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New cybersecurity mantra: “If you can’t protect it, don’t collect it”

In early August I attended my 11th Black Hat USA conference in sunny Las Vegas, Nevada. Black Hat is the somewhat more corporate sibling of the annual DEF CON hacker convention, which follows Black Hat. Since my first visit to both conferences in 2002, I’ve kept tabs on the themes expressed by computer security practitioners.…

       




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Most business incentives don’t work. Here’s how to fix them.

In 2017, the state of Wisconsin agreed to provide $4 billion in state and local tax incentives to the electronics manufacturing giant Foxconn. In return, the Taiwan-based company promised to build a new manufacturing plant in the state for flat-screen television displays and the subsequent creation of 13,000 new jobs. It didn’t happen. Those 13,000…

       




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Boys need fathers, but don’t forget about the girls


We have known for some time that children who grow up in single parent-families do not fare as well as those with two parents – especially two biological parents.  In recent years, some scholars have argued that the consequences are especially serious for boys.  Not only do boys need fathers, presumably to learn how to become men and how to control their often unruly temperaments, but less obviously, and almost counterintuitively, it turns out that boys are more sensitive or less resilient than girls. Parenting seems to affect the development of boys more than it affects the development of girls.  Specifically, their home environment is more likely to affect behavior and performance in school.

Up until now, these speculations have been based on limited evidence.  But new research from Harvard professor Raj Chetty and a team of colleagues shows that the effects of single parenthood are indeed real for all boys, regardless of family income, but especially for boys living in high-poverty, largely minority neighborhoods.

When they become adults, boys from low-income, single-parent families are less likely to work, to earn a decent income, and to go to college: not just in absolute terms, but compared to their sisters or other girls who grew up in similar circumstances.  These effects are largest when the families live in metropolitan areas (commuting zones) with a high fraction of black residents, high levels of racial and income segregation, and lots of single-parent families.  In short, it is not just the boy’s own family situation that matters but also the kind of neighborhood he grows up in.  Exposure to high rates of crime, and other potentially toxic peer influences without the constraining influence of adult males within these families, seems to set these boys on a very different course than other boys and, perhaps more surprisingly, on a different course from their sisters.

The focus of a great deal of attention recently has been on police practices in low-income minority neighborhoods.  Without in any way excusing police brutality where it has occurred, what this research suggests is that the challenge for police is heightened by the absence of male authority figures in low-income black neighborhoods.  In his gripping account of his own coming of age in West Baltimore, journalist Ta-Nehisi Coates recounts being severely punished by his father for some adolescent infraction.  When his mother protested, Ta-Nehisi’s father replied that it was better that this discipline come from within the family than be left to the police.  But Coates’ family was one of the few in his neighborhood where a father still existed.

Repairing families is difficult at best.  Most single-parent families are initially formed as the result of an unplanned birth to an unmarried young woman in these same communities.  Perhaps girls and young women simply suffer in a different way.  Instead of becoming involved in crime and ending up in prison or the informal economy, they are more likely to drift into early motherhood.  With family responsibilities at an early age, and less welfare assistance than in the past, they are also more likely to have to work.  But in the longer run, providing more education and a different future for these young women may actually be just as important as helping their brothers if we don’t want to perpetuate the father absence that caused these problems in the first place.  They are going to need both the motivation (access to education and decent jobs) and the means (access to better forms of contraception) if we are to achieve this goal.


Editor's note: This piece originally appeared in Real Clear Markets

Publication: Real Clear Markets
     
 
 




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Walk, Don’t Drive, to the Real Estate Recovery

The front page and lead home page New York Times story this past Saturday had the startling headline: “Bad Times Linger in Homebuilding.” The Times concludes that “A long term shift in behavior seems to be underway. Instead of wanting the biggest and newest, even if it requires a long commute, buyers now demand something…

       




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Don't judge a supermarket for empty shelves, it might be fighting food waste

Sorry, shoppers, but empty supermarket shelves could be a good thing.




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Why don't people understand winter coats?

Humans and indoor heating didn't appear on Earth at the same time.




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Forget Vision Zero. Demand Streets That Don’t Kill People

Words are powerful. The Washington Area Bicyclist Association is choosing good ones.




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Why we have regulations: So people don't get buried in molasses

100 years ago the Great Molasses Flood started another flood, one of regulations to protect people's health and safety.




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Don't rush out to buy a last-minute Valentine's Day gift

It's important to remember that every physical gift comes at a cost that's both financial and environmental.




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In London they are building swimming pools in the sky

Because they can, and there are people who will pay for it.




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It's Gonna Take a Lotta Love to Reforest Indonesia

Love is often said to blossom, but a new government initiative in the Indonesian district of Garut aims to make that metaphor literal by requiring newly married couples to plant 10 tree saplings.Two years ago, Indonesia




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McDonald's To Offer Fast-Food "McWeddings" in Hong Kong

If soaring wedding costs have you wondering how you can afford it all (and yet, you couldn't be bothered with the effort to put on a more eco-conscious wedding) then McDonald's may have the answer for you.




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A gift registry for people who don't want stuff

More love, less waste. That's the idea behind a new gift registry. And it's an idea that might just take off.




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Gisele Bündchen and Don Cheadle have an environmental challenge for you

Celebrity ambassadors call for support for the UN’s World Environment Day.




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Eco Wine Review: Cline Cellars 2010 Cool Climate Chardonnay

The nose is dancing with floral highlights and warm peach aromas that you half expect it to be a dessert wine. But it's surprisingly elegant for a wine just under $10. The winery is 100-percent solar-powered, as is its sister winery, Jacuzzi.




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Eco Wine Review: Wrath 2010 Ex Anima Chardonnay

Wrath's 2010 Ex Anima Chardonnay is billowing with so much tropical fruit that you half expect Kokomo to start playing on the jukebox the second you uncork it. I swear this wine was a Piña Colada in its past life.




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Eco Wine Review: Frei Brothers Reserve 2009 Russian River Valley Chardonnay

Frei's 2009 Chardonnay touches your nose with hints of rose water, jasmine and other floral delights. But on the palette, it is swimming with honey and sweet butter and just enough acidity to make it all work.




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Why don't more people (especially environmentalists) drink bag-in-box wine?

Perhaps our perceptions are predicated on the packaging.




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Don’t assume cheap fur is fake

Humane Society International investigation reveals that real fur is being sold as fake.




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Spring Back Now Recycles What Landfills & Other Recyclers Don't Want: Mattresses

Mattresses have plenty of reusable materials, but most recyclers don't want them. Landfills don't like them either. But a Tennessee nonprofit does.




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Solar panel-carrying donkeys bring internet to Turkish sheepherders (Video)

These "plug-and-play" donkeys, equipped with solar panels, allow sheepherders to catch up on the news and socializing while out on their rounds.




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Portraits of Londoners From Every Olympic Country Highlight City's Diversity

You can see these magnificent photo portraits of Londoners on a wall or on the web.




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Kids ask McDonalds to ditch plastic Happy Meal toys

Their hugely successful petition has even gotten a response – and a promise – from the fast food giant.




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My kids don't want to do anything this summer

They've requested no day camps, just two empty months.




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Trend Watch: Pot Growing In Abandoned McMansions

The bad guys bought abandoned or repossessed homes, ripped out interior walls, illegally tapped into power and water, and grew pot commercially. What starts in




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Food corporations donate $17.2 million to fight GMO labeling in Washington state

The fight to "follow the money" heats up in as Washington prepares to vote on GMO labeling.




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Want to avoid GMOs? Don’t buy “natural” foods

Consumer Reports finds that most products advertised as “natural” contain genetically modified ingredients.




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Narrow, abandoned museum transformed into multigenerational home

The historical character of this old Saigon building was preserved with a fresh and respectful makeover.




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Is Vietnam abandoning new coal too?

It has one of the biggest pipelines of proposed new coal plants. But now those plans may be changing.




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Don't Oversimplify Glacier Retreating (and Advancing) Reports

With all the recent brouhaha over inaccurate and since retracted statements in the 2007 IPCC climate change report about the speed with which Himalayan glaciers are melting, a recent series of posts over at China Dialogue is




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Geothermal Power Projects Abandoned in Switzerland, California

It's like that 1965 movie Crack in the World, where drilling for geothermal energy causes all kinds of problems. There are such high hopes for real geothermal power; there is a lot of heat down there that can vaporize water and run turbines.




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Indonesia to Add 4000 MW of Geothermal Power by 2014... And Add Another 10 GW of Coal by 2012

Indonesia may not be tapping into much of its superior




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Seattle to fine residents who don't compost

In a bid to meet the city's goal of recycling 60% of its waste by 2015, Seattle is turning its sights on food scraps that end up in the trash.




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London's Embassies Celebrate Their Countries' Design as Part of London's Design Festival

London's international embassies are showing off their countries' design as part of the London Design Festival.