County Executive Astorino is Right on the Law Requiring a SEQRA Review of Indian Point Closure. Board of Legislators Overlooks 1978 Decision. Attorney Remembers the Garbage Burning Plant Decision.

WPCNR WHITE PLAINS LAW JOURNAL. Special to WPCNR from Daniel Seidel. April 25, 2017:
(Editor’s note: Yesterday the County Board of Legislators announced they would not support County Executive Robert Astorino’s intention to sue for a SEQRA review of the Governor Cuomo-Entergy agreement to close the Indian Point nuclear plant. An attorney notes that in a similar situation, the county attempted to avert a SEQRA and was rebuffed by the courts. The attorney recalls the circumstances:)
I did a SEQRA law monograph for Federated Conservationists of Westchester County when the County Board of Legislators  authorized the garbage burning plant in approximately 1978.
FCWC sued Westchester County and said we needed a SEQRA review. Westchester settled and signed a consent decree to go thru SEQRA. took about a year, and we built the plant. PROCESS and LAW were followed.
The Board has a short memory. They’ve set precedent already.
Rob Astorino is correct on the law.
I have all the papers. and the signed Consent by the Board back then.
The Democrats are evading the Law.
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Democrats Kill Astorino Indian Point Lawsuit that Would Claim the Decision to Close Required an Environmental Review

WPCNR COUNTY CLARION-LEDGER. From the Westchester County Legislators Democratic Caucus. April 24, 2017:

Westchester County Board of Legislators Democrats moved to squash the County Executive’s (Robert P. Astorino) plans for a lawsuit against the State over the closing of Indian Point; Plans that needed the approval of the Board of Legislators to move forward.

“Instead of engaging in a wasteful lawsuit where both sides are funded with taxpayer money, the best approach is to work with all of the effected communities on how to mitigate the economic, social, and environmental impacts of Indian Point closing,” said Majority Leader Catherine Borgia (D- Ossining, Croton-on-Hudson, Cortlandt Manor, Briarcliff Manor, Peekskill), a member of Governor Cuomo’s Task Force on Indian Point.

“I am looking forward to working with representatives from the Hendrick Hudson School District, the Town of Cortlandt, the Town of Buchanan, the Nuclear Regulatory Commission (NRC), local elected & school officials, and taxpayers on this collaborative approach,” added Borgia.

“I urge the County Executive and my colleagues at every level of government to focus on a collaborative process to decommission the plants and find the best energy and tax replacement plan possible.  The days of a nuclear Indian Point will soon be past and we must act now to determine what the best future use of the site is,” said Chairman Michael Kaplowitz (D-Somers).

Democrats will hold committee meetings with stakeholders to discuss and take action on certain aspects of the State’s decommissioning plan. Additionally, Majority Leader Catherine Borgia will host meetings in her district to gather input from effected residents.

Legislator Ben Boykin (D-White Plains), Chair of the Committee on Public Safety & Social Services, who will chair one of these hearings, said

“Entergy, the private company who owns and operates Indian Point, has stated their desire to close the plant. Why would we waste taxpayer money on a lawsuit forcing a private company to make business decisions that they clearly have no interest in? Furthermore, a Court is very unlikely to force State Environmental Quality Review (SEQRA) action be taken by a non-governmental entity.  Again, Democrats are keeping the taxpayers’ best interests’ in mind, not political ambition, and will put an end to this long-shot lawsuit.”

SEQRA reviews are required when Government entities engage in new plans, not when private companies look to cease operations.

Legislator Catherine Parker, Chair of the Committee on Energy & Regional Efficiencies, will also chair a hearing on the best way to move forward on a coordinated decommissioning plan that mitigates the risks to residents of the Indian Point region.

“The County Executive seems to forget the real environmental harm that Indian Point has on our region; Let alone the public safety risks,” added Parker (D-Rye). “This is why we will work with the NRC to ensure that the safest plan for spent fuel rods is in place. I am very much looking forward to hosting this important discussion.”

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INDIVIDUAL WHO SPREAD MALICIOUS SOFTWARE TO COMPUTER SERVERS WORLDWIDE EXTRADITED TO U.S. ACCUSED OF MASSIVE “CLICK FRAUD” TO GIVE FALSE VIEWER NUMBERS FOR WEBSITES

 

WPCNR FBI WIRE. Special to WPCNR From the Federal Bureau Investigation. April 24,2017:

Earlier today, an indictment was unsealed in Brooklyn federal court charging Fabio Gasperini, an Italian citizen, with crimes related to his hacking of computers, creation of a global botnet, and perpetration of a fraud in which he used bots to mimic “clicks” on website advertisements and obtain advertising revenue.

The charges include computer intrusion, wire fraud conspiracy, wire fraud, and money laundering conspiracy.  The defendant was arrested in Amsterdam, the Netherlands, on June 18, 2016, and was extradited to the United States yesterday.  He was scheduled to be arraigned at 2:00 p.m. Friday, April 21, 2017, before United States Magistrate Judge Peggy Kuo at the U.S. Courthouse, 225 Cadman Plaza East, Brooklyn, New York.

The indictment and extradition were announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI).

As alleged in court papers, Gasperini covertly hacked into computer servers owned by companies and individuals in the United States and elsewhere and created an exclusive backdoor that enabled him to access the data and computing power of those servers.

Gasperini’s scheme specifically targeted a type of server that companies and individuals typically use for large-scale data storage and transfer.  Gasperini compromised servers that contained sensitive data and files.

Through his backdoor, Gasperini allegedly implanted malicious software onto the compromised servers.

The malicious software served to further propagate Gasperini’s scheme by scanning the internet and identifying additional vulnerable servers for infection, enabling Gasperini to create a botnet, a network of computers (such as servers) infected with malicious software without users’ knowledge that a malicious actor can remotely control and use for malicious purposes.

Gasperini’s botnet was spread over multiple computer servers around the world.  Gasperini used computer servers in the United States to manage the botnet and to provide instructions and resources to the compromised servers in the botnet.

Gasperini used the botnet to perpetrate a click fraud.  A click fraud is a type of cybercrime in which a malicious actor fraudulently obtains money from advertising companies and businesses.

Businesses commonly hire online advertising companies to send traffic to their websites.  These advertising companies in turn contract with individuals, typically someone who operates a website, to place on the website certain links advertising the businesses’ products or services, and are then compensated based upon the number of visitors to the website that click on the link.  The advertising companies typically pay the individuals on a per-click basis.

To conduct a click fraud scheme, a malicious actor can, for example, remotely command a botnet to flood a particular website advertisement with electronic communications that register with the advertising company as clicks by a human user on the advertisement.

This type of command falsely and fraudulent inflates the number of clicks reported to the advertising companies, causing them to pay for clicks perpetrated by automated bots rather than clicks completed by potential customers who, in fact, viewed and clicked on the advertisements.

Some of the malicious software that Gasperini installed onto the servers he had compromised was designed to disguise a compromised server as a web browser and cause it to simulate human clicks on website advertisements through automated electronic commands.

Gasperini’s software was configured to send automated clicks to advertisements hosted on websites that he owned, enabling Gasperini to generate revenue from advertising companies and businesses through fake internet traffic.

“Cybersecurity is a priority and we will pursue those who hack into computers, spread malicious software, and victimize U.S. companies and computers until they are brought to justice,” stated Acting United States Attorney Bridget M. Rohde.

Ms. Rohde expressed her grateful appreciation to the Netherlands Ministry of Security and Justice, for their assistance in effecting the defendant’s arrest and extradition; the Italian National Police, Postal and Telecommunications Service, for their assistance in the investigation; the United States Marshals Service, for their assistance in transporting the defendant to the United States; and the U.S. Department of State Regional Security Officer in the Netherlands, for their assistance in facilitating the defendant’s extradition.

“As alleged, Gasperini hacked into servers to create a global botnet that was used to generate profits from click fraud,” stated, Assistant Director-in-Charge Sweeney.  “This is yet another case that demonstrates the commitment of the FBI’s Cyber Task Force to investigate and bring to justice those who commit cybercrime, regardless of where they may reside.”

The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.

The government’s case is being prosecuted by the Office’s National Security & Cybercrime Section.  Assistant United States Attorney Saritha Komatireddy is in charge of the prosecution.

The Defendant:

 

FABIO GASPERINI

Age: 34

Residence: Rome, Italy

 

E.D.N.Y. Docket No. 16-CR-441

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