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February 2016

Middle East Strategic Outlook, February by Shmuel Bar

The EU-Turkey agreement of 25 November, which provided Turkey with 3 billion euros over two years in order to stop the flow of refugees to Europe, has not achieved that goal. Speaking privately, EU officials complain that Turkey has not taken any concrete measures to reduce the flow of refugees. In our assessment, Turkey will continue to prevaricate on steps to stem the flow of refugees as pressure on the EU to give more concessions.

During the coming year there will certainly be further terrorist attacks that will push European public opinion further to the right.

We assess that Iran will continue in indirect channels with a parallel nuclear program, realized long before the 10-year target of the JCPOA.

The demand for unification of Kurdistan — Iraqi and Syrian — will also begin to be heard. It is highly likely that Russia will take advantage of the trend and support the Kurds, effectively turning an American ally into a Russian one.

The announcement by the IAEA that Iran has fulfilled its obligations according to the Joint Comprehensive Plan of Action (JCPOA) has triggered “Implementation Day” and the removal of the nuclear-related sanctions on Iran. The JCPOA, however, did not deal with Iran’s ballistic missile program, and the sanctions related to it are still nominally in force. These sanctions are minor and will not have any real effect on the Iranian missile program. The missile program will mature during this period and will include Ghadr missiles with ranges of 1,650-1,950 km, which may be capable of carrying nuclear warheads.

The Real Cost of Nuclear Deterrence by Peter Huessy

North Korea used both the Agreed Framework and the NPT as camouflage to cheat and proceed with its covert nuclear weapons program. Nuclear weapons are apparently an integral part of North Korea’s strategy eventually to reunify the Korean peninsula under North Korean communist rule.

According to Hwang Jang-Yop, highest-ranking North Korean defector in history, North Korea’s goal is to remove American military forces from South Korea. Once that withdrawal is achieved, the North would use its nuclear arsenal to deter Japan and the U.S. and prevent these two key South Korean allies from coming to the defense of the South once the North invades it.

Arms control, since the height of the Cold War, has cut both the U.S. and Russian strategic deployed arsenals by nearly 90% and thus can hardly be described as part of any “arms race” that might have compelled North Korea to build nuclear weapons.

The idea that the U.S. deciding to replace aging nuclear systems, some half-century after the last modernization, is somehow perpetuating an “arms race” is without foundation.

“Military critics” are already anticipating how to disembowel critical elements of the U.S. military — especially its aging nuclear deterrent — when the defense budget will be unveiled by the administration and sent to Congress February 9, 2016. In two recent essays, for instance, Gordon Adams, previously at the Office of Management and Budget in the Clinton administration, and Lawrence Korb, at the Center for American Progress, are both calling for dismantling the U.S. nuclear deterrent.

Hillary’s Cyber Loose Lips Clinton’s email server was ripe for hacking. How much damage to the U.S. was done? By L. Gordon Crovitz

Hillary Clinton’s emails “do reveal classified methods, they do reveal classified sources, and they do reveal human assets,” a member of the House Intelligence Committee, Chris Stewart of Utah, told Fox News last week. That raises some pressing questions about the former secretary of state’s communications through her unprotected private email server:

Which foreign intelligence agencies tried to hack the computer server in the basement of the Clinton suburban home? Did any succeed? And if so, how did these countries use the hacked information against the U. S.?

The State Department last week confirmed that at least 22 of Mrs. Clinton’s 1,600 classified emails include information that is “top secret” or an even higher level of classification, known as “special access programs.” The latter applies to communications for which “the vulnerability of, or threat to, specific information is exceptional,” such as the names of sources and undercover officers.

Americans won’t see these highly sensitive emails, which were likely read in real time by intelligence agents from China, Russia and Iran. But one was described to NBC, which reported that it referred to an undercover CIA officer as a State Department official with the word “State” in scare quotes, signaling to readers the officer was not really a diplomat.

Mrs. Clinton asserted in last week’s Democratic presidential debate that she is “100% confident” she won’t be charged with a crime. She ignored the issue of hacking by foreign agents and complained about “retroactive classifications.” Yet she signed the standard nondisclosure agreement acknowledging her responsibility to keep classified information secret whether “marked or unmarked.” In one of her emails, she responded to a complaint that staffers were having trouble sending a secure fax by writing: “If they can’t, turn into nonpaper w no identifying heading and send nonsecure.”

How Google Stole the Work of Millions of Authors Let the Supreme Court decide: Was it fair to copy millions of books without paying writers?By Roxana Robinson

Last week publishers, copyright experts and other supporters filed amicus briefs petitioning the Supreme Court to hear the copyright-infringement case against Google brought by the Authors Guild. The court’s decision will determine how and whether the rights and livelihood of writers are protected in the future.

If you type, “Shall I compare thee to a summer’s day?” into Google’s search box, the text and author will be identified for you in a matter of seconds. This is not because Google has ranks of English majors waiting at the ready, but because, over a decade ago, Google made an agreement with a number of great libraries to make digital copies of every book they owned.

In 2004 Google sent its moving vans to the libraries and carted off some 20 million books. It copied them all, including books in copyright and books not covered by copyright. It asked no authors or publishers for permission, and it offered no compensation for their use—although in compensation to the libraries Google gave them digital copies of the scanned books.

The Authors Guild challenged what Google was doing in Authors Guild v. Google, the copyright-infringement case first brought in 2005 and recently decided on appeal to the Second U.S. Circuit Court of Appeals in New York. In October the court ruled that Google was protected by the doctrine of fair use when it copied the books—partly because it only made limited samples from copyright material available to the public, and partly because the court found that making the books available to an electronic search was “transformative.”

The Windmills of Bernie’s Mind Sen. Sanders better check with his Vermont constituents about the popularity of wind energy. By Robert Bryce

Presidential hopeful Bernie Sanders in December introduced a sweeping renewable-energy plan that would, among other things, require tens of thousands of new wind turbines. Sen. Sanders’s “people before polluters” proposal may help rally his followers, but it won’t be so well received in rural America, where resistance to wind farms has been building. Nowhere is the backlash stronger than in Mr. Sanders’s state.

On Jan. 5, Vermont state Sens. John S. Rodgers and Robert Starr, both Democrats, introduced a bill (S. 210) that would ban wind projects above 500 kilowatts (an average industrial wind turbine has a capacity of 1.5 megawatts or more). Twenty-four co-sponsors filed an identical bill in Vermont’s lower chamber on Jan. 20.

Mr. Rodgers called the growing resistance to wind projects “a rebellion” at a news conference in Montpelier, the state capital. “I know of no place in the state where we can place industrial wind turbines without creating an unacceptable level of damage to our environment and our people.”

Wind-generated electricity in the U.S. has more than tripled since 2008, but opposition to the gigantic turbines, which can stand more than 500 feet, has been growing. In Vermont several protesters were arrested in 2011 and 2012 while trying to stop work on a wind project built on top of Lowell Mountain.

In March 2015 the Northeastern Vermont Development Association, a regional planning commission that covers 21% of the state’s land area, voted unanimously in favor of a resolution that said “no further development of industrial-scale wind turbines should take place in the Northeast Kingdom.”