RadioActive 12/17/15

Producer/Host: Meredith DeFrancesco
Issue: Environmental and Social Justice

Program Topic: Penobscot Nation v Mills : Decision at US District Court

Key Discussion Points:

1) Yesterday, US District Court Judge George Singal ruled that the Penosbcot Nation’s reservation does not include the river waters flowing through it.
2) While Judge Singal affirmed the right of individual tribal members to sustenance fishing in the main stem of the Penosbcot River, he sided with the State of Maine in ruling that the Penobscot flowing through tribal territory is not part of the reservation. He based his decision on the State’s interpretation of the controversial Maine Indian Claims Settlement Act,saying if the Act did not explicitly mention the water as part of the territory, then the water is not included. The Tribe holds if they did not explicitly give up their rights to the waterway in the Settlement Act, they did not give it up.
3) In the landmark case, Penobscot Nation v Maine Attornay General Janet Mills, The Penobscot Nation opposed the Maine Attorney General’s Office 2012 opinion that the Penobscot Indian reservation, which includes more than 200 islands in the Penobscot River, does not include any portion of the water. The Penobscot Nation has argued this amounts to a territorial taking by the state and erases their inherent, treaty reserved sustenance fishing rights.

In October, Judge Singal heard oral arguments from Penobscot Nation counsel, counsel for the US Dept of Justice, intervening in the case on behalf of the Penobscot Nation, the Attorney General’s Office’s, and Pierce Atwood counsel which is representing a consortium of pollution dischargers intervening on behalf of the state.

Guest: Sherri Mitchell, member of the Penobscot Tribe, indigenous rights attorney

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Notes from the Electronic Cottage 12/17/15

Producer/Host: Jim Campbell

In the wake of the horrendous recent shootings in Paris and California, US politicians are once again calling for a ban on encryption that the government can’t decrypt. This is a call shared by politicians and governments in China and Vietnam and Azerbaijan as well as those in the UK and some European countries. It is not, however, shared by scientists and security experts who understand how encryption actually works, including most of those who have invented many of the security systems in use on the Internet today. Why not? The reason is simple: providing “golden keys” so that governments could open all communications would simply make the Internet – and the world – less secure and more dangerous.

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Maine Currents 12/16/15

Producer/Host: Amy Browne

Mainers speak out at the Maine Citizen Trade Policy Commission’s Public Hearing on the proposed Trans-Pacific Partnership agreement (TPP), in Bangor on December 10th.

If passed, the TPP would cover 12 countries with an estimated combined GDP totaling 40% of the world’s economy,
For several years, the TPP was negotiated in extreme secrecy. When the text was released last month, the advocacy group Public Citizen responded that “In chapter after chapter, the final text is worse than expected, with the demands of the 500 official U.S. trade advisers representing corporate interests satisfied to the detriment of the public interest. The text reveals that the pact replicates many of the most controversial terms of past pacts that promote job offshoring and push down U.S. wages.” Congress is expected to vote on the agreement in 2016.

The Maine Citizen Trade Policy Commission was created by Maine law in 2003 to “assess and monitor the legal and economic impacts of trade agreements on state and local laws, working conditions and the business environment; to provide a mechanism for citizens and Legislators to voice their concerns and recommendations; and to make policy recommendations designed to protect Maine’s jobs, business environment and laws from any negative impact of trade agreements.” The CTPC is composed of 6 legislators, 7 members from the private sector and 5 representatives of different state agencies.

TPP text: ustr.gov/tpp/#text

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