Supreme Court Rejects Obama’s Appeal for Re-Hearing

 

Primer: Donald Verrilli, the Department of Justice Solicitor General who argued these cases before the Supreme Court resigned in June. Verrilli successfully defended President Obama’s healthcare plan before the Supreme Court, is joining the Los Angeles law firm of Munger, Tolles & Olson.

Supreme Court declines to hear immigration and Redskins cases

WaPo: The Supreme Court will not reconsider President Obama’s plan to shield undocumented immigrants from deportation and denied the Washington Redskins’ bid to get its trademark case on this term’s docket.

With oral arguments postponed for a day because of the Rosh Hashana Jewish holiday, the first Monday in October that marks the beginning of the new Supreme Court term became a day of rejection. The court issued a thick stack of cases that had accumulated over the summer that the justices decided not to hear.

Among the other losers: the NCAA, which had asked the court to review an appeals court ruling about its policies involving the amateur status of college football and basketball players. The issue remains alive in other court proceedings.

The administration’s request was a longshot bid to salvage what had been the biggest legal defeat of Obama’s presidency. In June, a deadlocked court failed to revive his stalled plan to shield millions of undocumented immigrants from deportation and give them the right to work legally in the United States.

The justices’ votes at the time were not announced, but the court’s liberals and conservatives were split at oral argument last spring. The tie meant that a lower court’s decision that Obama probably exceeded his powers in issuing the executive action kept the plan from being implemented.

The court’s action affected about 4 million illegal immigrants estimated to be covered by Obama’s plan, which would have deferred deportation for those who have been in the country since 2010, have not committed any serious crimes and have family ties to U.S. citizens or others lawfully in the country.

The Supreme Court rarely grants motions for rehearing. But the administration’s lawyers made the request in hopes that by now the vacancy created by the death of Justice Antonin Scalia would be filled.

Instead, Senate Republicans have blocked consideration of Obama’s nominee to the court, appeals court judge Merrick Garland. They say the next president should fill the election-year opening.

This immigration case is the matter where the Judge ordered Department of Justice lawyers to attend an ethics class.

JonathanTurley: United States District Judge Andrew Hanen issued a remarkable opinion yesterday that found that Justice Department lawyers not only lied to him and opposing counsel but “it is hard to imagine a more serious, more calculated plan of unethical conduct.” What is even more remarkable however is that, after finding such calculated and unethical conduct, Hanen ordered the lawyers to simply take ethics classes rather than refer them to the bar for suspension or disbarment. Many attorneys object that government lawyers routinely escape serious punishment for false or misleading statements. In this case, the judge found that the Justice Department misled him and opposing counsel in a case by Texas and 25 other states that sought to block President Barack Obama’s controversial immigration programs. Hansen blocked the program. Notably, the Justice Department is even opposing ethical classes as a sanction.

The government misled the court on when the government would begin implementing one of the programs. The Justice Department team assured the court the government would not start implementing an expansion of a program called the Deferred Action for Childhood Arrivals until February 18, 2015. The court and opposing counsel relied on that date even though the government implemented a part of the program before February and granted over 100,000 applications. Hansen found that the “Justice Department lawyers knew the true facts and misrepresented those facts.”

Apparently, lawyers, somewhere in the halls of the Justice Department whose identities are unknown to this Court, decided unilaterally that the conduct of the DHS in granting three-year DACA renewals . . . was immaterial and irrelevant to this lawsuit and that the DOJ could therefore just ignore it. Then, for whatever reason, the Justice Department trial lawyers appearing in this Court chose not to tell the truth about this DHS activity. The first decision was certainly unsupportable, but the subsequent decision to hide it from the Court was unethical.

In an effort to convey how unethical the Justice Department acted in the case, Hanen even excerpted a portion of the film “Miracle on 34th Street” when a young Tommy Mara Jr. says “Gosh, everybody knows you shouldn’t tell a lie, especially in court.” Judge Hanen noted “There are certain attorneys in the Justice Department who apparently have not received that message.”

Here is the opinion: Immigration Decision.

Immigrants Buying Entry into U.S., are Some Terrorists?

…..even if they are corrupt and the money used has been laundered or financed by a terror organization…

Primer:

CIA Director: We ‘have to assume’ terrorist activity in US

‘Impossible to say’ if ISIS has cells here

(CNN) – The director of the CIA said Wednesday despite the government’s best efforts, the likelihood of terrorist activity in the United States is strong.

“So I think we have to assume there’s something here in the states,” said John Brennan, in an interview for CNN’s “Erin Burnett OutFront” that aired Wednesday night. “We have to be relentless in terms of going after them.”

Brennan, who was appointed to lead the CIA shortly before President Barack Obama’s second term, said “it’s impossible to say” whether ISIS has operatives or cells in the United States, and he credited the “tremendous advances in information sharing and interaction between federal officials” in making it difficult for terrorists to operate in the country.

He said he is confident that the US will be “able to remove other senior members” of ISIS, including the organization’s leader Abu Bakr al-Baghdadi.

“His time is limited,” Brennan said of al-Baghdadi. “It’s just a question of whether or not he is going to be removed this week, this month, next month or in the coming months.”

But still, Brennan said “you cannot assume there’s nobody in the homeland.”

“What you need to do is to be able to continue to uncover and use intelligence, what they might be doing here,” he said. More details here.

Immigrant Investor Program:

Progress Made to Detect and Prevent Fraud, but Additional Actions Could Further Agency Efforts

What GAO Found   Full report here.

Inspector General Report is here.

The Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) has recently taken steps intended to enhance fraud detection and mitigation activities for the Employment-Based Fifth Preference Immigrant Investor Program (EB-5 Program) and address previous GAO recommendations.

This includes actions such as conducting and planning additional risk assessments to gather additional information on potential fraud risks to the program. For example, USCIS is leveraging overseas staff to investigate potential fraud associated with unlawful sources of immigrant investor funds and is conducting a site visit pilot to help assess the potential risks of fraud among EB-5 program investments. USCIS is also taking steps to collect more information about EB-5 program investments and immigrant investors through new, revised forms and expanding its use of background checks, among other things, to help improve its ability to identify specific incidence of fraud. However, fraud mitigation in the EB-5 Program is hindered by a reliance on voluminous paper files, which limit the agency’s ability to collect and analyze program information. In its review of a nongeneralizable selection of files associated with EB-5 program regional centers and immigrant investors, GAO found that identifying fraud indicators is extremely challenging. For example, many of these files were several thousand pages long and would take significant time to review. According to USCIS documentation, the program anticipates receiving approximately 14 million pages of supporting documentation from its regional-center applicants and immigrant investor petitioners annually. Recognizing these limitations, USCIS has taken preliminary steps to study digitizing and analyzing the paper files submitted by petitioners and applicants to the program, which could help USCIS better identify fraud indicators in the program; however, these efforts are in the early stages.

USCIS has incorporated selected leading fraud risk management practices into its efforts but could take additional actions to help guide and document its efforts. GAO’s Fraud Risk Framework is a set of leading practices that can serve as a guide for program managers to use when developing efforts to combat fraud in a strategic, risk-based manner. USCIS’s actions align with two key components of the Fraud Risk Framework: (1) commit to combating fraud by creating an organizational culture and structure conducive to fraud risk management such as by providing specialized fraud awareness training; and (2) assess risks by planning and completing regular fraud risk assessments. However, USCIS has not developed a fraud risk profile, an overarching document that guides its fraud management efforts, as called for in the Fraud Risk Framework. Instead, USCIS’s risk assessments, spanning multiple years, were developed as separate documents and reports, and there is not a unifying document that consolidates and systematically prioritizes these findings. Without a fraud risk profile, USCIS may not be well positioned to identify and prioritize fraud risks in the EB-5 Program, ensure the appropriate controls are in place to mitigate fraud risks, and implement other Fraud Risk Framework components.

Why GAO Did This Study

Congress created the EB-5 visa category to promote job creation and capital investment by immigrant investors in exchange for lawful permanent residency and a path to citizenship. Participants must invest either $500,000 or $1 million in a business that is to create at least 10 jobs. Upon meeting program requirements, immigrant investors are eligible for conditional status to live and work in the United States and can apply to remove the conditional basis of lawful permanent residency after 2 years. In August 2015, GAO reported on weaknesses in certain USCIS fraud mitigation activities, and made two related recommendations.

GAO was asked to review actions taken by USCIS to address fraud risks in the EB-5 program since its August 2015 report. This report examines the extent to which USCIS (1) has taken steps to enhance its fraud detection and mitigation efforts; and (2) has incorporated selected leading fraud risk management practices into its efforts. GAO reviewed relevant program documentation and information; selected and reviewed a random, nongeneralizable sample of immigrant investor petitions and regional-center applications submitted between fiscal years 2010 and 2014; and compared USCIS’s actions against GAO’s Fraud Risk Framework.

What GAO Recommends

GAO recommends that USCIS develop a fraud risk profile that aligns with leading practices identified in GAO’s Fraud Risk Framework. The Department of Homeland Security concurred with GAO’s recommendation.

DHS Allows Refugees into U.S. with only Testimony, no Documents

Europe, now then the United States…

Related reading: Presidential Determination Signed to Accept 85,000 Refugees

VIDEO: Obama Administration Official Admits to Allowing Refugees in to U.S. Based on Their Testimony Alone

Cruz questions administration officials on refugee program at Judiciary Committee hearing

WASHINGTON, D.C. – U.S. Sen. Ted Cruz (R-Texas), in today’s Judiciary immigration subcommittee hearing, highlighted serious problems with the Obama administration’s refugee resettlement efforts, including the federal government’s inadequate refugee vetting process. While questioning State Department Principal Deputy Assistant Secretary Simon Henshaw, Department of Homeland Security (DHS) Director León Rodríguez, and Department of Health and Human Services Director Robert Carey, Sen. Cruz specifically noted that the administration’s willful blindness to radical Islamic terrorism has prevented Christian refugees from the Middle East from escaping the genocide of ISIS and has also seriously undermined counterterrorism efforts in the United States.

Moreover, during an exchange with Sen. Cruz, Director Rodríguez acknowledged publicly that refugee applications can be approved based solely on the applicant’s testimony, without any documentation.

Sen. Cruz: Is it true or false that the testimony of the applicant alone can be sufficient for approval? 

Director Rodríguez: There are cases where the testimony is not necessarily corroborated by documents…I am acknowledging that, yes, testimony can be the basis for the grant of a refugee…

Watch Sen. Cruz’s full opening remarks and first line of questioning, where Director Rodríguez admits that refugee applications can be approved based on testimony alone, here. Sen. Cruz’s second line of questioning can be viewed here. Below is the full transcript of Sen. Cruz’s opening remarks:

“America has long shown an incredible generosity of spirit welcoming refugees and offering them safe haven. Indeed, I am the son of a refugee who fled prison and torture in Cuba and came to America seeking freedom. But our immigration laws are not a suicide pact. The refugee program should not become a vehicle for terrorists to come murder innocent Americans.

“I and, I think, a great many Americans are deeply concerned by the willful blindness of this administration to the threat of radical Islamic terrorism. That was characterized powerfully just a few minutes ago when our Democratic colleague Senator Al Franken said we should not even ask refugees if they are Muslims. If one is trying to prevent radical Islamic terrorists from coming in, the suggestion from my Democratic colleague that we shouldn’t even ask, to me, is nuts.

“As we look at what is happening in Syria and what is happening in the Middle East, ISIS is evil. They are waging a war of genocide against Christians. They are murdering Jews. They are murdering fellow Muslims, and yet, the refugee program as administered by this administration seems to have an enormous preference for Syrian Muslim refugees and seems to actively keep out Syrian Christian refugees.

“In 2014, the Obama administration admitted 249 refugees from Syria, 224 of those, 89.9 percent, were Muslim, only 13 were Christian – 5.2 percent. In 2015, the Obama administration admitted 2,192 refugees from Syria; 2,149 were Muslim – that’s 98 percent – and only 29, 1.3 percent, were Christian. In 2016 to date, the Obama administration has admitted 11,717 refugees from Syria, of those 11,624 were Muslim – that’s 99.2 percent – and 49 were Christian – that’s 0.41 percent. All told since 2011, 14,267 Syrian refugees have been admitted to the United States and more than 14,000 of them were Muslim. Fewer than 100 were Christian.

“Now, those numbers are not even close to the proportional population in Syria. Ten percent of the pre-war population in Syria was Christian, and yet, 0.68 percent of the refugees being admitted by the administration are Christian.”

Dept of Treasury, Judgement Fund and Obamacare, Ruh Roh

That Judgment Fund is the same financial account out of which the United States paid Iran the ransom money of an estimated $1.7 Billion. By the way, the funds in this account are taxpayer dollars and not from other sources. So…..while Obamacare exchanges are going bankrupt, up to 11 so far, the other major health insurers are demanding the White House and Treasury make good on the contracts to pay them what they are owed. Looks as though….it will come out of this ‘judgment fund’ and the taxpayers are fleeced again.

As a matter of fact, the Department of Justice has to approve payments out of the Judgment Fund, with this transmittal form. If you can stand it, this page has many forms, procedures and requirements regarding monies in and out of the Judgment Fund.

Obama administration may use obscure fund to pay billions to ACA insurers

WashingtonPost: The Obama administration is maneuvering to pay billions of dollars the government owes to health insurers under the Affordable Care Act, potentially resorting to an obscure Treasury Department fund intended to cover federal legal claims.

Justice Department officials have told several health plans suing the government over the unpaid money that they are eager to negotiate a broad settlement, which would allow the administration to compensate about 170 other insurers selling coverage in ACA marketplaces, according to insurance executives and lawyers familiar with the talks.

The efforts in recent weeks reflect the partisan thorns that still surround the sprawling law six years after its passage. The payouts probably would be made from the Judgment Fund, a 1950s creation that is allowed as much money as it needs to satisfy valid claims against the government. Such a move would bypass congressional Republicans, who have criticized certain ACA provisions as industry “bailouts” and blocked the Health and Human Services Department from paying health plans what they are owed.

In the waning months of the Obama White House, administration officials are continuing their upbeat portrayal of all aspects of the health-care law, one of President Obama’s main domestic achievements. Behind the scenes, they think that settling these claims — $2.5 billion for 2014 and an as-yet-undisclosed sum for 2015 — is crucial to the exchanges’ well-being at a time when the high cost of covering ACA customers has driven some small insurers out of business and prompted several large ones to defect from marketplaces for the coming year.

“It’s a legacy item for the White House,” said Dan Mendelson, president of the health consulting firm Avalere and an adviser on the payout effort. “It’s more than just a lawsuit. It’s really about the future . . . and stability of these markets.”

Even with a settlement still uncertain, GOP lawmakers are beginning to cry foul. “It’s an end run on the clear . . . intent of Congress,” said Rep. H. Morgan Griffith (Va.).

The money in question involves one of three strategies to help coax insurers into the ACA marketplaces by promising to cushion them from unexpectedly high expenses for their new customers. This particular strategy, known as “risk corridors,” was for the marketplaces’ early years, when it was unclear how many people would sign up and how much medical care they would use.

The risk corridors started in 2014 and run through this December. The idea, patterned after a similar arrangement for health plans that sell Medicare drug benefits, is to balance out insurers’ costs by requiring those with unexpectedly low expenses to pay into a fund that would be used to compensate companies with unexpectedly high expenses. The program originally was not supposed to pay for itself, but two years ago the Republican-led Congress restricted HHS from using any of its other money for that purpose.

The crunch first became apparent last fall, when federal health officials announced that they could make less than $400 million in 2014 risk corridor payments — just 12.6 percent of $2.9 billion overall. About 175 insurers are owed money, according to an HHS list.

Health officials have not said how many insurers need to be paid for 2015, how much they are due or how much money is available. But in a five-paragraph memo this month, HHS’s Centers for Medicare and Medicaid Services (CMS) said that any available money will be put toward what the government still owes for the previous year.

The risk corridor payments are “an obligation of the federal government,” Andy Slavitt, CMS’s acting administrator, told a recent House hearing.

The shortfall has contributed to the collapse of more than half of the 23 nonprofit, consumer-oriented health plans created under the ACA. Four of those co-ops are among the seven insurers suing the government, the most recent this week.

CMS spokesman Aaron Albright referred questions to the Justice Department. Justice spokeswoman Nicole Navas declined to confirm the settlement talks because the litigation is pending.

One health plan executive, whose attorney has spoken with Justice officials, said the department is trying to reach an agreement with suing insurers in the next two weeks on what percentage of the remaining $2.5 billion would be paid out for 2014, as well as for a 2015 amount. At that point, the same offer would be made to every other insurer owed money. A judge would need to approve the arrangement, according to the executive, who spoke about the pending litigation on the condition of anonymity.

Treasury’s Judgment Fund would most likely be the source of the money, the executive and others involved said. The fund’s website shows that it has been used for a few hundred claims against HHS in the past decade. Taken together, they amounted to about $18 million — a fraction of what the insurers are owed.

News of the settlements talk Thursday morning prompted an immediate online debate, with some people condemning the potential use of Treasury’s fund for the payments and others wondering whether those should be guaranteed through the risk corridors’ third year as well.

Stephen Swedlow, a lawyer for Health Republic Insurance in Oregon, a co-op that was forced to close early this year, said he is preparing a settlement proposal to send to Justice. Said Health Republic chief executive Dawn Bonder: “I don’t think DOJ is making a secret that they would like [the lawsuits] to go away.”

ICANN Soon to be ICANT? Obama Gives Away Internet Control

   

ICANN, the International Community, and Internet Governance

Because cyberspace and the Internet transcend national boundaries, and because the successful

functioning of the DNS relies on participating entities worldwide, ICANN is by definition an

international organization. Both the ICANN Board of Directors and the various constituency

groups who influence and shape ICANN policy decisions are composed of members from all over

the world. Additionally, ICANN’s Governmental Advisory Committee (GAC), which is

composed of government representatives of nations worldwide, provides advice to the ICANN

Board on public policy matters and issues of government concern. Although the ICANN Board is

required to consider GAC advice and recommendations, it is not obligated to follow those

recommendations.

Many in the international community, including foreign governments, have argued that it is

inappropriate for the U.S. government to maintain its legacy authority over ICANN and the DNS,

and have suggested that management of the DNS should be accountable to a higher

intergovernmental body. The United Nations, at the December 2003 World Summit on the

Information Society (WSIS), debated and agreed to study the issue of how to achieve greater

international involvement in the governance of the Internet and the domain name system in

particular. The study was conducted by the U.N.’s Working Group on Internet Governance

(WGIG). On July 14, 2005, the WGIG released its report, stating that no single government

should have a preeminent role in relation to international Internet governance. The report called

for further internationalization of Internet governance, and proposed the creation of a new global

forum for Internet stakeholders. Four possible models were put forth, including two involving the

creation of new Internet governance bodies linked to the U.N. Under three of the four models,

ICANN would either be supplanted or made accountable to a higher intergovernmental body. The

report’s conclusions were scheduled to be considered during the second phase of the WSIS held

in Tunis in November 2005. U.S. officials stated their opposition to transferring control and

administration of the domain name system from ICANN to any international body. Similarly, the

109th Congress expressed its support for maintaining U.S. control over ICANN (H.Con.Res. 268

and S.Res. 323).39

The European Union (EU) initially supported the U.S. position. However, during September 2005

preparatory meetings, the EU seemingly shifted its support towards an approach which favored an

enhanced international role in governing the Internet. Read more here from FAS.

President Barack Obama’s drive to hand off control of Internet domains to a foreign multi-national operation will give some very unpleasant regimes equal say over the future of online speech and commerce.

Breitbart: In fact, they are likely to have much more influence than America, because they will collectively push hard for a more tightly controlled Internet, and they are known for aggressively using political and economic pressure to get what they want.

Here’s a look at some of the regimes that will begin shaping the future of the Internet in just a few days, if President Obama gets his way.

China

China wrote the book on authoritarian control of online speech. The legendary “Great Firewall of China” prevents citizens of the communist state from accessing global content the Politburo disapproves of. Chinese technology companies are required by law to provide the regime with backdoor access to just about everything.

The Chinese government outright banned online news reporting in July, granting the government even tighter control over the spread of information. Websites are only permitted to post news from official government sources. Chinese online news wasn’t exactly a bastion of freedom before that, of course, but at least the government censors had to track down news stories they disliked and demand the site administrators take them down.

Related reading: Dangerous Transfer: The President’s ICANN Internet Problem

Unsurprisingly, the Chinese Communists aren’t big fans of independent news analysis or blogging, either. Bloggers who criticize the government are liable to be charged with “inciting subversion,”even when the writer in question is a Nobel Peace Prize winner.

Chinese citizens know better than to get cheeky on social media accounts, as well. Before online news websites were totally banned, they were forbidden from reporting news gathered from social media, without government approval. Spreading anything the government decides is “fake news” is a crime.

In a report labeling China one of the worst countries for Internet freedom in the world, Freedom House noted they’ve already been playing games with Internet registration and security verification:

The China Internet Network Information Center was found to be issuing false digital security certificates for a number of websites, including Google, exposing the sites’ users to “man in the middle” attacks.

The government strengthened its real-name registration laws for blogs, instant-messaging services, discussion forums, and comment sections of websites.

A key feature of China’s online censorship is that frightened citizens are not entirely certain what the rules are. Huge ministries work tirelessly to pump out content regulations and punish infractions. Not all of the rules are actually written down. As Foreign Policy explained:

Before posting, a Chinese web user is likely to consider basic questions about how likely a post is to travel, whether it runs counter to government priorities, and whether it calls for action or is likely to engender it. Those answers help determine whether a post can be published without incident — as it is somewhere around 84 percent or 87 percent of the time — or is instead likely to lead to a spectrum of negative consequences varying from censorship, to the deletion of a user’s account, to his or her detention, even arrest and conviction.

This was accompanied by a flowchart demonstrating “what gets you censored on the Chinese Internet.” It is not a simple flowchart.

Beijing is not even slightly self-conscious about its authoritarian control of the Internet. On the contrary, their censorship policies are trumpeted as “Internet sovereignty,” and they aggressively believe the entire world should follow their model, as the Washington Post reported in a May 2016 article entitled “China’s Scary Lesson to the World: Censoring the Internet Works.”

China already has a quarter of the planet’s Internet users locked up behind the Great Firewall. How can anyone doubt they won’t use the opportunity Obama is giving them, to pursue their openly stated desire to lock down the rest of the world?

Russia

Russia and China are already working together for a more heavily-censored Internet. Foreign Policy reported one of Russia’s main goals at an April forum was to “harness Chinese expertise in Internet management to gain further control over Russia’s internet, including foreign sites accessible there.”

Russia’s “top cop,” Alexander Bastrykin, explicitly stated Russia needs to stop “playing false democracy” and abandon “pseudo-liberal values” by following China’s lead on Internet censorship, instead of emulating the U.S. example. Like China’s censors, Russian authoritarians think “Internet freedom” is just coded language for the West imposing “cultural hegemony” on the rest of the world.

Just think what Russia and China will be able to do about troublesome foreign websites, once Obama surrenders American control of Internet domains!

Russian President Vladimir Putin has “chipped away at Internet freedom in Russia since he returned to the Kremlin in 2012,” as International Business Times put it in a 2014 article.

One of Putin’s new laws requires bloggers with over 3,000 readers to register with the government, providing their names and home addresses. As with China, Russia punishes online writers for “spreading false information,” and once the charge is leveled, it’s basically guilty-until-proven-innocent. For example, one of the “crimes” that can get a blogger prosecuted in Russia is alleging the corruption of a public official, without ironclad proof.

Human-rights group Agora estimates that Russian Internet censorship grew by 900% in 2015 alone, including both court orders and edicts from government agencies that don’t require court approval. Censorship was expected to intensify even further throughout 2016. Penalties include prison time, even for the crime of liking or sharing banned content on social media.

Putin, incidentally, has described the entire Internet as a CIA plot designed to subvert regimes like his. There will be quite a few people involved in the new multi-national Internet control agency who think purging the Web of American influence is a top priority.

The Russian government has prevailed upon Internet Service Providers to block opposition websites during times of political unrest, in addition to thousands of bans ostensibly issued for security, crime-fighting, and anti-pornography purposes.

Many governments follow the lead of Russia and China in asserting the right to shut down “extremist” or “subversive” websites. In the United States, we worry about law enforcement abusing its authority while battling outright terrorism online, arguing that privacy and freedom of speech must always be measured against security, no matter how dire the threat. In Russia, a rough majority of the population has no problem with the notion of censoring the Internet in the name of political stability, and will countenance absolutely draconian controls against perceived national security threats. This is a distressingly common view in other nations as well: stability justifies censorship and monitoring, not just physical security.

Turkey

Turkey’s crackdown on the Internet was alarming even before the aborted July coup attempt against authoritarian President Recep Tayyip Erdogan.

Turkey has banned social media sites, including temporary bans against even giants like Facebook and YouTube, for political reasons. Turkish dissidents are accustomed to such bans coming down on the eve of elections. The Turkish telecom authority can impose such bans without a court order, or a warning to offending websites.

Turkey is often seen as the world leader in blocking Twitter accounts, in addition to occasionally shutting the social media service down completely, and has over a 100,000 websites blacklisted. Criticizing the government online can result in anything from lost employment to criminal charges. And if you think social-media harassment from loyal supporters of the government in power can get pretty bad in the U.S., Turks sometimes discover that hassles from pro-regime trolls online are followed by visits from the police.

Turkish law infamously makes it a crime to insult the president, a law Erdogan has already attempted to impose beyond Turkey’s borders. One offender found himself hauled into court for creating a viral meme – the sort of thing manufactured by the thousands every hour in America – that noted Erdogan bore a certain resemblance to Gollum from Lord of the Rings. The judge in his case ordered expert testimony on whether Gollum was evil to conclusively determine whether the meme was an illegal insult to the president.

The Turkish example introduces another idea common to far too many of the countries Obama wants to give equal say over the future of the Internet: intimidation is a valid purpose for law enforcement. Many of Turkey’s censorship laws are understood to be mechanisms for intimidating dissidents, raising the cost of free speech enough to make people watch their words very carefully. “Think twice before you Tweet” might be good advice for some users, but regimes like Erdogan’s seek to impose that philosophy on everyone. This runs strongly contrary to the American understanding of the Internet as a powerful instrument that lowers the cost of speech to near-zero, the biggest quantum leap for free expression in human history. Zero-cost speech is seen as a big problem by many of the governments that will now place strong hands upon the global Internet rudder.

Turkey is very worried about “back doors” that allow citizens to circumvent official censorship, a concern they will likely bring to Internet control, along with like-minded authoritarian regimes. These governments will make the case that a free and open Internet is a direct threat to their “sovereign right” to control what their citizens read. As long as any part of the Internet remains completely free, no sector can be completely controlled.

Saudi Arabia

The Saudis aren’t too far behind China in the Internet rankings by Freedom House. Dissident online activity can bring jail sentences, plus the occasional public flogging.

This is particularly lamentable because Saudi Arabia is keenly interested in modernization, and sees the Internet as a valuable economic resource, along with a thriving social media presence. Freedom House notes the Internet “remains the least repressive space for expression in the country,” but “it is by no means free.”

“While the state focuses on combatting violent extremism and disrupting terrorist networks, it has clamped down on nonviolent liberal activists and human rights defenders with the same zeal, branding them a threat to the national order and prosecuting them in special terrorism tribunals,” Freedom House notes.

USA Today noted that as of 2014, Saudi Arabia had about 400,000 websites blocked, “including any that discuss political, social or religious topics incompatible with the Islamic beliefs of the monarchy.”

At one point the blacklist included the Huffington Post, which was banned for having the temerity to run an article suggesting the Saudi system might “implode” because of oil dependency and political repression. The best response to criticism that your government is too repressive is a blacklist!

The Saudis have a penchant for blocking messaging apps and voice-over-IP services, like Skype and Facetime. App blocking got so bad that Saudi users have been known to ask, “What’s the point of having the Internet?”

While some Saudis grumble about censorship, many others are active, enthusiastic participants in enforcement, filing hundreds of requests each day to have websites blocked. Religious figures supply many of these requests, and the government defends much of its censorship as the defense of Islamic values.

As with other censorious regimes, the Saudi monarchy worries about citizens using web services beyond its control to evade censorship, a concern that will surely be expressed loudly once America surrenders its command of Internet domains.

For the record, the Saudis’ rivals in Iran are heavy Internet censors too, with Stratfor listing them as one of the countries seeking Chinese assistance for “solutions on how best to monitor the Iranian population.”

North Korea

You can’t make a list of authoritarian nightmares without including the psychotic regime in Pyongyang, the most secretive government in the world.

North Korea is so repressive the BBC justly puts the word “Internet” in scare quotes, to describe the online environment. It doesn’t really interconnect with anything, except government propaganda and surveillance. Computers in the lone Internet cafe in Pyongyang actually boot up to a customized Linux operating system called “Red Star,” instead of Windows or Mac OS. The calendar software in Red Star measures the date from the birth of Communist founder Kim Il-sung, rather than the birth of Christ.

The “Internet” itself is a closed system called Kwangmyong, and citizens can only access it through a single state-run provider, with the exception of a few dozen privileged families that can punch into the real Internet.

Kwangmyong is often compared to the closed “intranet” system in a corporate office, with perhaps 5,000 websites available at most. Unsurprisingly, the content is mostly State-monitored messaging and State-supplied media. Contributors to these online services have reportedly been sent to re-education camps for typos. The North Koreans are so worried about outside contamination of their closed network that they banned wi-fi hotspots at foreign embassies, having noticed information-starved North Korean citizens clustering within range of those beautiful, uncensored wireless networks.

This doesn’t stop South Koreans from attempting cultural penetration of their squalid neighbor’s dismal little online network. Lately they’ve been doing it by loading banned information onto cheap memory sticks, tying them to balloons, and floating them across the border.

Sure, North Korea is the ultimate totalitarian nightmare, and since they have less than two thousand IP addresses registered in the entire country, the outlaw regime won’t be a big influence on Obama’s multi-national Internet authority, right?

Not so fast. As North Korea expert Scott Thomas Bruce told the BBC, authoritarian governments who are “looking at what is happening in the Middle East” see North Korea as a model to be emulated.

“They’re saying rather than let in Facebook, and rather than let in Twitter, what if the government created a Facebook that we could monitor and control?” Bruce explained.

Also, North Korea has expressed some interest in using the Internet as a tool for economic development, which means there would be more penetration of the actual global network into their society. They’ll be very interested in censoring and controlling that access, and they’ll need a lot more registered domains and IP addresses… the very resource Obama wants America to surrender control over.

Bottom line: contrary to left-wing cant, there is such a thing as American exceptionalism – areas in which the United States is demonstrably superior to every other nation, a leader to which the entire world should look for examples. Sadly, our society is losing its fervor for free expression, and growing more comfortable with suppressing “unacceptable” speech, but we’re still far better than anyone else in this regard.

The rest of the world, taken in total, is very interested in suppressing various forms of expression, for reasons ranging from security to political stability and religion. Those governments will never be comfortable, so long as parts of the Internet remain outside of their control. They have censorship demands they consider very reasonable, and absolutely vital. The website you are reading right now violates every single one of them, on a regular basis.

There may come a day we can safely remand control of Internet domains to an international body, but that day is most certainly not October 1, 2016.