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DEMOCRACY WATCH
CIVIL LIBERTIES & JUSTICE



earlier stories

THE CREEPING COUP

MAY 2006

WE INTERRUPT THIS PANIC FOR SOME REAL FACTS ABOUT SEX PREDATORS

BENJAMIN RADFORD, SKEPTICAL INQUIRER - Sex offenders are clearly a threat and commit horrific crimes, but how great is the danger? . . . A close look at two widely-repeated claims about the threat posed by sex offenders reveals some surprising truths.

According to a May 3, 2006, "ABC News" report, "One in five children is now approached by online predators." This alarming statistic is commonly cited in news stories about prevalence of Internet predators. The claim can be traced back to a 2001 Department of Justice study issued by the National Center for Missing and Exploited Children ("The Youth Internet Safety Survey") that asked 1,501 American teens between 10 and 17 about their online experiences. Among the study's conclusions: "Almost one in five (19 percent)…received an unwanted sexual solicitation in the past year." (A "sexual solicitation" is defined as a "request to engage in sexual activities or sexual talk or give personal sexual information that were unwanted or, whether wanted or not, made by an adult." Using this definition, one teen asking another teen if her or she is a virgin-or got lucky with a recent date-could be considered "sexual solicitation.")

Not a single one of the reported solicitations led to any actual sexual contact or assault. Furthermore, almost half of the "sexual solicitations" came not from "predators" or adults but from other teens. When the study examined the type of Internet "solicitation" parents are most concerned about (e.g., someone who asked to meet the teen somewhere, called the teen on the telephone, or sent gifts), the number drops from "one in five" to 3 percent. . .

Furthermore, most kids just ignored (and were not upset by) the solicitation: "Most youth are not bothered much by what they encounter on the Internet. . . Most young people seem to know what to do to deflect these sexual 'come ons.'" . . .

Much of the concern over sex offenders stems from the perception that if they have committed one sex offense, they are almost certain to commit more. This is the reason given for why sex offenders (instead of, say, murderers or armed robbers) should be monitored and separated from the public once released from prison. . . According to a U.S. Bureau of Justice Statistics study, just five percent of sex offenders followed for three years after their release from prison in 1994 were arrested for another sex crime. A study released in 2003 by the Bureau found that within three years, 3.3 percent of the released child molesters were arrested again for committing another sex crime against a child. Three to five percent is hardly a high repeat offender rate.

In the largest and most comprehensive study ever done of prison recidivism, the Justice Department found that sex offenders were in fact less likely to re-offend than other criminals. The 2003 study of nearly 10,000 men convicted of rape, sexual assault, and child molestation found that sex offenders had a re-arrest rate 25 percent lower than for all other criminals. Part of the reason is that serial sex offenders-those who pose the greatest threat-rarely get released from prison, and the ones who do are unlikely to re-offend. . .

The issue is not whether children need to be protected; of course they do. The issues are whether the danger to them is great, and whether the measures proposed will ensure their safety. While some efforts-such as longer sentences for repeat offenders-are well-reasoned and likely to be effective, those focused on separating sex offenders from the public are of little value because they are based on a faulty premise. . . .

While the abduction, rape, and killing of children by strangers is very, very rare, such incidents receive a lot of media coverage, leading the public to overestimate how common these cases are. Most sexually abused children are not victims of convicted sex offenders nor Internet pornographers, and most sex offenders do not re-offend once released. This information is rarely mentioned by journalists more interested in sounding alarms than objective analysis.

One tragic result of these myths is that the panic over sex offenders distracts the public from a far greater threat to children: parental abuse and neglect.

The vast majority of crimes against children are committed not by released sex offenders, but instead by the victim's own family, church clergy, and family friends. According to the National Center for Missing and Exploited Children, "based on what we know about those who harm children, the danger to children is greater from someone they or their family knows than from a stranger." If lawmakers and the public are serious about wanting to protect children, they should not be misled by "stranger danger" myths and instead focus on the much larger threat inside the home.

http://www.livescience.com/othernews/060516_predator_panic.html

MAY 2006

FBI ALREADY HAD $90K OF BRIBE MONEY BEFORE CAPITOL RAID

DAN EGGEN AND ALLAN LENGEL, WASHINGTON POST - Justice Department and FBI officials yesterday vigorously defended a weekend raid on the Capitol Hill office of Democratic Rep. William J. Jefferson (La.), arguing that the unprecedented tactic was necessary because Jefferson and his attorneys had refused to comply with a subpoena for documents issued more nine months ago in a bribery investigation. . . House Speaker J. Dennis Hastert (R-Ill.) complained directly to President Bush yesterday about the FBI raid, while House Majority Leader John A. Boehner (R-Ohio) predicted a constitutional showdown before the Supreme Court. . . According to one Justice Department official, the White House is sympathetic to Hastert's complaint and is pressing Justice Department officials to figure out a way to placate Congress. . .

About 15 FBI agents entered Jefferson's office in the Rayburn Building about 7:15 p.m. Saturday and left about 1 p.m. Sunday. Authorities said it was the first time the FBI had raided the office of a sitting congressman. . .

Several law enforcement sources said yesterday that a search of Jefferson's Rayburn office had been discussed by federal prosecutors and FBI agents as early as last summer, but that the idea was overruled by Justice Department lawyers. FBI agents conducted in August searches of Jefferson's New Orleans home and his Washington apartment, where they found $90,000 in alleged bribe money stuffed inside a freezer, according to an affidavit filed in connection with the Saturday search.

http://www.washingtonpost.com/wp-dyn/content/article/2006/05/23/AR2006052301739.html

CHRISTIAN SCIENCE MONITOR - Typically, when there's a subpoena for congressional documents, it goes to the House or Senate legal counsel to make certain that congressional interests are being protected. Otherwise, there's no protection for the executive branch rifling through committee papers, for example. . .

"It's an extremely complex area of constitutional law," says Carl Tobias, a law professor at the University of Richmond. "Historically, even if the FBI had a warrant, there's no precedent for intrusion into the office of a member of Congress."

http://www.csmonitor.com/2006/0524/p01s02-uspo.html

APRIL 2006

OVER 100 LOCAL AND STATE POLICE HAVE SPY UNITS

DRUDGE REPORT - Spurred by a half-billion dollars in federal funding since 9/11, local and state police have formed over 100 intelligence units nationwide, according to an investigation by U.S. News & World Report in its May 8, 2006 issue. The intel units now reach into nearly every state, but with patchy oversight, a half-dozen of them already have run into trouble for questionable intelligence gathering, the magazine reports. . .

As controversy lingers over revelations of domestic spying by the federal government, little attention has focused on the role of state and local authorities, who once ran dozens of now-discredited "Red Squads." Abuses by police intelligence units in the 1960s and '70s sparked over 30 lawsuits that resulted in most of them being disbanded or sharply curtailed. Civil liberties watchdogs warn that current efforts may end up repeating mistakes of the past.

http://drudgereport.com/flash3.htm

POLYGRAPHS FAIL FREQUENTLY

Dan Eggen and Shankar Vedantam, WASHINGTON POST - The CIA, the FBI and other federal agencies are using polygraph machines more than ever to screen applicants and hunt for lawbreakers, even as scientists have become more certain that the equipment is ineffective in accurately detecting when people are lying. Instead, many experts say, the real utility of the polygraph machine, or "lie detector," is that many of the tens of thousands of people who are subjected to it each year believe that it works -- and thus will frequently admit to things they might not otherwise acknowledge during an interview or interrogation.

Many researchers and defense attorneys say the technology is prone to a high number of false results that have stalled or derailed hundreds of careers and have prevented many qualified applicants from joining the fight against terrorism. At the FBI, for example, about 25 percent of applicants fail a polygraph exam each year, according to the bureau's security director.

IF ROE V. WADE IS REPEALED

Susan Page, USA Today

Twenty-two state legislatures are likely to impose significant new restrictions on abortion. They include nearly every state in the South and a swath of big states across the industrial Rust Belt, from Pennsylvania to Ohio and Michigan. These states have enacted most of the abortion restrictions now allowed.

Nine states are considering bans similar to the one passed in South Dakota - it's scheduled to go into effect July 1 - and four states are debating restrictions that would be triggered if the Supreme Court overturned Roe.

Sixteen state legislatures are likely to continue current access to abortion. They include every state on the West Coast and almost every state in the Northeast. A half-dozen already have passed laws that specifically protect abortion rights. Most of the states in this group have enacted fewer than half of the abortion restrictions now available to states.

Twelve states fall into a middle ground between those two categories. About half are in the Midwest, the rest scattered from Arizona to Rhode Island.

The result, according to this analysis, would be less a patchwork of laws than broad regional divisions that generally reinforce the nation's political split. All but three of the states likely to significantly restrict abortions voted for President Bush in 2004. All but four of the states likely to maintain access to abortion voted for Democrat John Kerry.

The 22 states likely to enact new restrictions include 50% of the U.S. population and accounted for 37% of the abortions performed in 2000, the latest year for which complete data were available.

http://www.usatoday.com/news/washington/2006-04-16-abortion-states_x.htm

NYC: THE EAST GERMANY OF AMERICA

TOM HAYS, AP - Along a gritty stretch of street in Brooklyn, police this month quietly launched an ambitious plan to combat street crime and terrorism. But instead of cops on the beat, wireless video cameras peer down from lamp posts about 30 feet above the sidewalk. They were the first installment of a program to place 500 cameras throughout the city at a cost of $9 million. . . The city already has about 1,000 cameras in the subways, with 2,100 scheduled to be in place by 2008. An additional 3,100 cameras monitor city housing projects.

New York's approach isn't unique. Chicago spent roughly $5 million on a 2,000-camera system. Homeland Security officials in Washington plan to spend $9.8 million for surveillance cameras and sensors on a rail line near the Capitol. And Philadelphia has increasingly relied on video surveillance. . .

The department ``is installing cameras first and asking questions later,'' said Donna Lieberman, executive director of the New York Civil Liberties Union.

Police officials insist law-abiding New Yorkers have nothing to fear . . .

"POLICE OFFICIALS INSIST LAW-ABIDING HAVE NOTHING TO FEAR"

25 September 2002, Randy Kenner, News-Sentinel - An Ohio man filed a $1.5 million lawsuit Tuesday against the Knoxville Marriott hotel after finding a hidden camera in a bathroom light fixture in July. Bryan Brewer discovered the small video camera after noticing a tiny black spot -- which he thought was an insect but turned out to be a hole -- in the fixture, according to the lawsuit. At the time Brewer, the vice president of a California company, was staying at the Marriott while on business. His attorney, K.O. Herston, filed the lawsuit in Knox County Circuit Court. Named as defendants are Marriott International Inc. and Columbia Sussex Corp., a Fort Mitchell, Ky., corporation that operated at least 28 Marriotts with more than 8,500 rooms.

1 July 2003, Overton County, Tennessee: Overton County parents upset that their children were filmed undressing in school locker rooms have filed suit, charging that school officials allowed surveillance cameras to be installed and then failed to secure the images. The lawsuit was filed last week in U.S. District Court in Nashville. The parents have asked for $4.2 million in damages. They contend that the school system in Overton County, on the Upper Cumberland Plateau, violated students' rights by putting hidden cameras in Livingston Middle School's boys and girls locker rooms. The cameras reportedly captured students, ages 10-14, in various stages of undress.

11 July 2003, Atlanta, Georgia: Associated Press: A woman who says she noticed a video camera in the ceiling of an Alpharetta Toys R Us bathroom is suing the retailer for invasion of privacy. Tamara Perez says she noticed a hole in the ceiling above the commode while visiting the suburban Atlanta store on March 21. According to her lawsuit, Perez quickly left the womens restroom and asked her husband to investigate. Walter Perez moved a ceiling tile and found a video camera with a transmittal device, according to the lawsuit.

6 August 2003, Wilton Manors, Florida - A man is suing the city of Wilton Manors because he said police were watching him when he used the bathroom. The lawsuit claims restroom cameras at Colohatchee Park violated the unidentified man's rights. Police had arrested the man and charged him with public exposure based on evidence collected from the camera, but later dropped the charge.

10 September 2003, Beaufort, South Carolina - A wall-mounted camera used to videotape the men's bathroom of a mid-island bar has invaded the privacy of bar patrons, according to a lawsuit filed in the Beaufort County Courthouse last week.

12 September 2003, Tuscaloosa, Alabama: The traffic camera featured on Comcast Cable's Channel 45 was showing more than just traffic early Friday -- it was following people on the Strip. The Crimson White learned at about 1:45 a.m. Friday that the traffic camera at the intersection of University Boulevard and Reed Street, which usually remains stationary, was panning, tilting and zooming in on people and objects along the Strip. The Strip camera operator(s) manipulated the camera to zoom in on several college-aged women's breasts and buttocks as they walked down the street. The operator(s) also captured a group of young men who had spotted the camera's movement and were making various gestures and movements.

15 September 2003, Tuscaloosa, Alabama: AP -- Images from a traffic camera that was used instead to monitor passersby near the University of Alabama led to the arrests of three people allegedly misbehaving on the street, police said Tuesday. Meanwhile, officials said they were still investigating who had diverted the focus of the camera from traffic -- where it normally is used to monitor vehicles -- to pedestrians, particularly young women.

18 October 2003, South Carolina: A security camera installed in the men's bathroom at Vic's Tavern was put there to protect against vandalism and did not violate anyone's privacy, says the owner of the Hilton Head Island bar in a response to a lawsuit filed by two bar patrons. The patrons, Pawey Suchocki and Vince Bryant, are seeking $200,000 each for invasion of privacy and $200,000 each for infliction of emotional stress. A surveillance tape recorded Suchocki, of Hilton Head, ripping the camera from the wall in late May, according to a Beaufort County Sheriff's Office incident report

4 December 2003, Pittsford, New York: Videotapes discovered in the alleged pornography case involving a Pittsford Sutherland High School custodian show about 12 unsuspecting female students and staff members in a restroom, a Pittsford school district official said Wednesday. . . "It appears that the videotapes were taken from inside one female restroom at Sutherland high school and that the people on the videotapes were unaware they were being recorded," Superintendent Mary Alice Price said in a prepared statement issued Wednesday.

13 January 2004, Oak Bluffs, In the wake of public concern over the use of a surveillance camera in the high school, officials have decided to turn the camera off until a written policy on its use is adopted. . . The decision by the principal comes after questions were raised by students and members of the community following the use of the surveillance camera's videotape in an investigation into a threatening prank written in one of the school's girls bathroom last month.

1 April 2004, New York City, New York: A confidential police video that shows a young rapper kissing his girlfriend goodbye before blowing his brains out in a Bronx housing project turned up on a porn Web site -- and cops have launched a probe to nail the sicko who leaked it.

1 June 2004, Chicago, Illinois: The director of a tutoring center in Chicago has been charged with manufacturing and possessing child pornography. Sixty-two-year-old James Bradshaw was arrested Saturday. A Cook County judge set his bail yesterday at 75-thousand dollars. Police and prosecutors say Bradshaw operated a sophisticated video surveillance system in the bathroom of the Beverly Instructional Center. They say they've recovered numerous videotapes of children in the bathroom.

5 June 2004, Arizona: Two members of Fort McDowell Casino's regulatory office were fired last fall because one man used casino surveillance cameras "to photograph the breast area of patrons and employees" and the other, his supervisor, condoned the action, according to state documents released this week.

17 June 2004, Adrina, Michigan: A jury quickly decided Wednesday there is a difference between videotaping nude customers in a tanning room and using security cameras at convenience stores or banks. After 30 minutes of deliberations, guilty verdicts in 16 electronic eavesdropping cases were returned in Lenawee County Circuit Court against Danny Eugene Daulton, an Adrian nail and tanning salon owner.

2 July 2004, New York City, USA: When lawyers from the Legal Aid Society made their way into the federal detention center in Brooklyn in the fall of 2001 to meet with detainees, they said, they were alarmed to see video cameras on the walls. Concerned about the confidentiality of their conversations with their shackled clients -- immigrant detainees who were rounded up after the Sept. 11 attacks -- the lawyers asked whether they were being taped. Prison officials assured them, they say, that the cameras were turned off. But the cameras were running. The federal prison was intentionally recording the lawyer-client conversations in violation of federal law and prison policy, according to a December report by the inspector general of the Justice Department, Glenn A. Fine.

27 August 2004, Ithaca, New York: A college student called police after discovering a pinhole camera in the bathroom of the apartment she shared with three women, and now her landlord is charged with unlawful surveillance.

25 September 2004, Philadelphia, Pennsylvania: Borough Manager Anthony Truscello has announced his resignation amid an investigation of the use of surveillance cameras to spy on police. . . A private investigator . . . found several pinhole cameras placed in smoke detectors -- one in a hallway, one in the squad room and one in the evidence room. One of the cameras had a microphone installed in it, making it capable of eavesdropping, according to an affidavit filed by county detectives in May.

24 February 2005, New York, New York: CBS 2 has obtained a videotape that the New York City police department doesn't want you to see. It shows cops on surveillance just before last year's Republican Convention in Manhattan. But it is what they were checking out that is a little disturbing. . . The police dutifully survey the area, but then they focus on a couple in a passionate embrace kissing and fondling each other on a roof top terrace. The police infra scope stays on the scene for a while and then pulls away, but then it comes back a second time to watch the couple and then a third time. .

21 April 2005, San Francisco, California: A San Francisco police officer has been suspended from the department for nine months for reportedly using surveillance cameras to ogle women at San Francisco International Airport, according to a spokesman with the San Francisco Police Commission.

26 April 2005, Atlantic City, New Jersey: Four more surveillance camera operators at Caesars Atlantic City Hotel Casino used the equipment to ogle women, according to a complaint filed Tuesday. In December, the same casino was fined $80,000 for similar incidents involving two other camera operators who trained their eye-in-the-sky cameras on low-cut blouses and revealing clothing instead of craps games and slot parlors.

18 May 2005, New York City: Police found a so-called "skirt cam" under a subway grate at 88th Street and Lexington Avenue Tuesday afternoon after a woman called police saying she had noticed suspicious wires protruding from the grate as she passed by.

2 August 2005, Newark, New York: An 11-year veteran of a Wayne County police department resigned Monday, two days after he was arrested on suspicion of using a spy camera to photograph girls changing clothes in a Greece shopping mall.

22 December 2005, New York, New York: A man and woman who shared an intimate moment on a secluded, dark rooftop one August night last year have learned that they were secretly watched, an intrusion made possible by increased police surveillance of protest rallies and other events and also by advanced technology intended to fight terrorists. That night, police officers tracked bicycle riders moving through the streets of the Lower East Side from a custom-built, $9.8 million helicopter equipped with optical equipment able to display a license plate 1,000 feet away. With the night vision of the helicopter's camera, and permission to make videotapes, an officer also recorded nearly four minutes of the couple on the terrace of a Second Avenue penthouse.

10 April 2006, London, England: Teachers are preparing to protest against surveillance cameras and microphones that are being installed in classrooms across the UK. Surveillance firm Classwatch has installed more than 50 CCTV systems with microphones across the UK, said the Times Educational Supplement on Friday. Draconian headteachers, who have had teachers watched through two-way mirrors as well, grade teachers according to their performance under observation. Occasional observation is necessary to ensure lessons meet quality targets set centrally by the Department for Education and Skills.

DETAILS
http://www.notbored.org/index1.html

MARCH 2006

64% OF AMERICANS USE THE WORD 'FUCK' BUT FCC STILL THINKS IT KNOWS BETTER

AP - Nearly three-quarters of Americans questioned last week - 74 percent - said they encounter profanity in public frequently or occasionally, according to an Associated Press-Ipsos poll. Two-thirds said they think people swear more than they did 20 years ago. And as for, well, the gold standard of foul words, a healthy 64 percent said they use the F-word - ranging from several times a day (8 percent) to a few times a year (15 percent).

http://msnbc.msn.com/id/12063093/

FBI HARASSES LEAGUE OF WOMEN VOTERS FOR SPEECH BY COMMON CAUSE PRESIDENT

On March 14, Common Cause President Chellie Pingree participated on a panel on open government sponsored by the League of Women Voters of Berrien and Cass Counties, Michigan that received news coverage in the local newspaper. A week after the panel, an FBI agent contacted the local League president, Susan Gilbert, to raise questions about Pingree's published remarks at the panel. In her brief comments addressing the law, Pingree raised some privacy and secrecy concerns about the USA PATRIOT Act, and praised Senators John Cornyn (R-TX) and Patrick Leahy (D-VT) for their leadership on Freedom of Information issue.

According to Gilbert, FBI agent Al Dibrito said that Pingree's comments on the USA PATRIOT Act were "way off base," and that the League should have invited someone from the federal government to be on the panel and to respond. DiBrito then told Gilbert that she would be contacted by someone from the assistant U.S. attorney's office in Grand Rapids to give her the real story on the Patriot Act.

DEATH PENALTY USE DECLINING

STATELINE - The death penalty is on hold in eight of the 38 states to adopt capital punishment since 1977 as courts and state lawmakers wrestle with fears of executing the innocent, the emerging role of DNA evidence and new assaults on use of lethal injection. Although the public still favors capital punishment, support has slipped and the number of executions and new death sentences is trending down. A fresh batch of legal obstacles -- including new court scrutiny of the use of lethal injection and of doctors' role in administering fatal doses - clouds what still is a controversial social issue in the United States.

Currently, death penalty laws in New York and Kansas have been struck down by those states' Supreme Courts. Moratoriums against the death penalty are in place in Illinois and New Jersey. And executions are temporarily suspended in California, Florida, Louisiana and Missouri pending court rulings on challenges against lethal injection.

New Jersey, which has not executed any prisoners since adopting the death penalty in 1982, set a precedent in January 2006 when its Legislature became the first to adopt a death penalty moratorium. Signed into law by out-going Gov. Richard Codey (D), the moratorium will be in effect until a state commission completes an investigation of the state's capital punishment system. A gubernatorial-imposed moratorium has been in effect in Illinois for six years.

Court challenges against lethal injection are pending in at least a dozen states. The U.S. Supreme Court stayed the execution of death row inmates in Florida and Missouri earlier this year to allow those inmates to pursue constitutional challenges against lethal injection.

California suspended all executions when no medical professional would agree to administer the fatal dose, as required by a federal court ruling on Feb. 14, 2006. Executions will be suspended at least until May, when a federal judge will hold the state's first hearings on the constitutionality of lethal injection.

Louisiana also has suspended all executions since 2002 as the state contests a lawsuit over how lethal injections are administered.

The outcome of these cases may address several emerging issues concerning lethal injection, including how much pain it causes and what role medical professionals should play in ending the lives of prisoners.

http://www.stateline.org/live/ViewPage.action?siteNodeId=137&languageId=1&contentId=98349

 

HOMELAND STASI GOES AFTER COUPLE WHO PAY DOWN TOO MUCH ON THEIR CREDIT CARD

A READER - A man and wife who decided to pay down their credit card debt. After writing a check for $6,522 on their Mastercard, Mr. & Mrs. Walter Soenghe of Rhode Island found the payment frozen. Then, according to the Providence Journal, "They were told, as they moved up the managerial ladder at the call center, that the amount they had sent in was much larger than their normal monthly payment. And if the increase hits a certain percentage higher than that normal payment, Homeland Security has to be notified. And the money doesn't move until the threat alert is lifted."

BOB KERR, PROVIDENCE JOURNAL - Walter called television stations, the American Civil Liberties Union and me. And he went on the Internet to see what he could learn. He learned about changes in something called the Bank Privacy Act. "The more I'm on, the scarier it gets," he said. "It's scary how easily someone in Homeland Security can get permission to spy."

Eventually, his and his wife's money was freed up. The Soehnges were apparently found not to be promoting global terrorism under the guise of paying a credit-card bill. They never did learn how a large credit card payment can pose a security threat.

But the experience has been a reminder that a small piece of privacy has been surrendered. Walter Soehnge, who says he holds solid, middle-of-the-road American beliefs, worries about rights being lost. "If it can happen to me, it can happen to others," he said.

http://www.shns.com/shns/g_index2.cfm?action=detail&pk=RAISEALARM-02-28-06

HOMELAND SECURITY BUYING INTO COMMUNITY COLLEGES

LEAH SAMUEL, COLOR LINES - Community Colleges across the country are repackaging their classes for "homeland security" programs in order to get federal funding. Young, poor people of color who signed up with the U.S. military to get college money may have ended up fighting in Iraq. But their peers back home who take the community college route to higher education may also end up fighting the "war on terror." Money problems for community colleges, as well as their students, are forcing both to buy into what can only be called "homeland security education." The federal government is offering colleges a way to survive and the students a way to get educated: money specifically earmarked for the war on terror. . .

The Department of Homeland Security is offering $64 million directly to colleges and universities that will develop anti-terrorism programs. . . Community colleges have responded to the Department of Homeland Security offer by repositioning themselves as the training ground for "first responders"-the police officers, firefighters, emergency workers and health professionals expected to arrive first on the scene after a terrorist attack. "We use the term 'homeland security' rather broadly," admits Laurie Quarles, Legislative Associate for the AACC. . .

For students, the Department of Homeland Security is offering stipends of $1,000 a month during the school year, or $5,000 for the summer, for course programs related to homeland security. Recipients of the scholarships must, according to the application form, "indicate a willingness to accept, after graduation, competitive employment offers from DHS, state and local security offices, DHS-affiliated federal laboratories, or DHS-related research staff positions."

http://www.alternet.org/wiretap/33465/

DOMAIN FOR THE EMINENT UPDATE

[From a roundup on Reason's Hit & Run site. The excerpt that should strike fear into every property owning non-profit in the country: "Among the requirements is proof that the property seizure is necessary for public use -- based on the U.S. Supreme Court ruling in June 2005 regarding eminent domain -- and Eastman said that proof would be rather easy to show since a church is tax-exempt and a housing project would bring in more revenue for the city."]

HIT AND RUN - The village of North Hills on Long Island, one of the wealthiest towns in the U.S., has its eyes on Deepdale, one of the country's top golf courses. Local politicians are threatening to seize the course through eminent domain and make it a public "amenity" open to all 1,800 residents of North Hill. There's your "public use." The official goal, in a town where home prices start in the millions, is to enhance property values.

http://www.reason.com/hitandrun/2006/03/steal_from_the.shtml

ASBURY PARK PRESS, TRENTON Gopal Panday says after he built Rainbow Liquors on Broadway in Long Branch into a million-dollar-a-year business, it turned worthless overnight in the eyes of New Jersey's much-maligned [we think the writer meant 'much criticized' -TPR] eminent-domain law. "Under eminent domain laws, it doesn't provide you with anything for your business," Panday said Monday after testifying before the Assembly Commerce and Economic Development Committee. "Just the land," he said.

Flood victim Linda Brnicevic of Bound Brook described how she says eminent domain there is being used to uproot minorities. Residents of Camden's Cramer Hill neighborhood asked why eminent domain has them being moved out of a stable and tidy area.

http://www.app.com/apps/pbcs.dll/article?AID=/20060314/NEWS03/603140309/1007

ERIC STIRGUS THE ATLANTA JOURNAL-CONSTITUTION - The couple fighting the city of Stockbridge's efforts to use eminent domain laws to forcibly buy their business might get to keep the property after all. At a raucous City Council meeting Monday evening, Stockbridge Mayor R.G. "Rudy" Kelley said he would ask his fellow council members to vote on whether Mark and Regina Meeks may keep their florist shop. . . The Meekses' battle shined a spotlight on eminent domain - laws . . . The Meekses have vigorously resisted the city's efforts - saying Stockbridge negotiated in bad faith. City officials deny such claims. . .
"This is a prime example of big-city government strong-arming the citizens.," said the Rev. Daniel Edwards, president of the Henry County NAACP. . . The protesters entered the meeting, where Councilman Steve Moon read a statement accusing the Meekses and the news media of distorting the facts in the dispute. "The city has dedicated itself to bringing life back into downtown, and we will not be deterred by pressure from those who seek nothing more than financial gain or political recognition," his statement said. The statement generated several heated exchanges between the two sides.

http://www.ajc.com/metro/content/metro/clayton/stories/0314metdomain.html

GREGORY KORTE, CINCINNATI ENQUIRER - Eighty-year-old Emma Dimasi has told friends and neighbors she wants to live the rest of her years on the corner of Clifton and Dixmyth avenues, in the small brick house she's owned since 1959. The city has given her until Saturday to get out. In a case that could have statewide implications, a Hamilton County magistrate will decide Monday whether the city of Cincinnati has the right to take Dimasi's house for a $4 million relocation of Dixmyth Avenue. The taking of Dimasi's house is a routine and long-accepted use of eminent domain for a city like Cincinnati, which has filed 21 such court actions for road projects since 2003. But Dimasi argues that private economic development - not public transportation - is driving the road project. That's because Good Samaritan Hospital is contributing $1.28 million toward the project, which would give the hospital more room to grow as it continues a $122 million expansion. Under its agreement with the city, the hospital also stands to get whatever land is left over after road construction for $1. The case is the first to test an Ohio law banning for one year the use of eminent domain for economic development if the property will ultimately end up in the hands of another private owner. And it's a prime example of what critics say is a legal system that stacks the deck against property owners.

BAPTIST PRESS - Another step was taken toward the destruction of the Filipino Baptist Fellowship building March 13 when the Long Beach Redevelopment Agency Board voted 6-0 to condemn the church in order to build condominiums, despite testimonies from community members regarding the public good that flows from the religious institution. . . During the hearing, the redevelopment agency voted to authorize the city attorney to begin condemnation proceedings, Eastman explained. The next step will be for the city attorney to file a complaint to condemn the property, which includes demonstrating that it meets the statutory requirements for condemnation. Among the requirements is proof that the property seizure is necessary for public use -- based on the U.S. Supreme Court ruling in June 2005 regarding eminent domain -- and Eastman said that proof would be rather easy to show since a church is tax-exempt and a housing project would bring in more revenue for the city.

http://www.sbcbaptistpress.org/bpnews.asp?ID=22837

STATE ATTORNEY GENERAL SEIZES NEWSPAPER HARD DRIVE TO WIN MINOR CASE

JOHN SHIFFMAN PHILADELPHIA INQUIRER - In an unusual and little-known case, the Pennsylvania Attorney General's Office has seized four computer hard drives from a Lancaster newspaper as part of a statewide grand-jury investigation into leaks to reporters. The dispute pits the government's desire to solve an alleged felony - computer hacking - against the news media's fear that taking the computers circumvents the First Amendment and the state Shield Law. The state Supreme Court declined last week to take the case, allowing agents to begin analyzing the data.

"This is horrifying, an editor's worst nightmare," said Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press in Washington. "For the government to actually physically have those hard drives from a newsroom is amazing. I'm just flabbergasted to hear of this."

The grand jury is investigating whether the Lancaster County coroner gave reporters for the Lancaster Intelligencer Journal his password to a restricted law enforcement Web site. The site contained nonpublic details of local crimes. The newspaper allegedly used some of those details in articles. If the reporters used the Web site without authorization, officials say, they may have committed a crime.

http://www.philly.com/mld/inquirer/news/local/14084455.htm

THE MCCARTHY ERA RETURNS
FBI QUESTIONS PROFESSOR OVER VENEZUELAN VIEWS

SAUL HUDSON, REUTERS - A U.S. academic accused the FBI on Friday of trying to silence his criticism of Bush administration policy toward Venezuela, further straining ties between Washington and the major oil supplier. Venezuela seized on agents' questioning of the professor, condemning it in a statement as "a violation of the freedoms of expression, thought and academic inquiry, and ... a desperate attempt to link Venezuela to terrorism."

The FBI did not address the accusations directly but said in a statement it had conducted an "informational interview" of Miguel Tinker Salas, a history professor at Pomona College, a liberal arts university in California. The State Department said the United States did not have a policy of targeting academics critical of U.S. policy.

Tinker Salas said two agents of an FBI-led Joint Terrorism Task Force questioned him this week at his offices about his contacts with the Venezuelan Embassy. "The intent was to intimidate," the Venezuelan-born American citizen told Reuters. He said the agents asked if his opinions about U.S. policy had been influenced by the embassy and told him Venezuelans living in the United States were "of interest" to the task force, whose job is to prevent terrorist attacks.

Jonathan Knight, who directs a national program to protect academic freedom, said that if the allegations were true, it appeared the FBI wanted to silence a professor using tactics that he had not seen since the persecution of academics perceived as pro-Communist in the 1950s.

WHAT'S NEW IN THE NEW POLICE STATE: KIDS SKIP SCHOOL, MOTHER PUT IN JAIL

[This is totally unconstitutional. One might as well arrest the producers of the TV shows the kids were watching while skipping school]

CHANNEL 4, DC - A single mother from Rockville who spent two nights in jail because her sons skipped school is back home. Shirley Lumbao was released from the Montgomery County Detention Center Wednesday afternoon. Her 13- and 15-year-old sons each missed more than 50 days of class at Julius West Middle School last year. Attorneys said Lumbao works two jobs and can't always get the boys to school.Lumbao, 44, was sentenced to spend two nights in jail and could face more jail time if her sons' attendance doesn't improve.

Lumbao's eldest son, Timothy, said the situation is not his mother's fault. "You know it's not fair that they put my mother in jail, because it's my brothers' fault," he said.

Assistant State's Attorney Jeffrey Wennar told The Washington Post the sentence was necessary to send a message to the woman and her sons in the courtroom Monday. He said truancy won't be tolerated. . . Unlike other states, Maryland prosecutes parents, not children, for truancy.

http://www.nbc4.com/news/7533537/detail.html

FEBRUARY 2006

SUPREME COURT KILLS FREE PRESS ON CAMPUS

INSIDE HIGHER EDUCATION - On Tuesday, more than five years after a university dean stopped the presses because she was not allowed to vet articles before publication, the U.S. Supreme Court declined to consider whether a student newspaper was illegally censored. The justices' action leaves intact the 2005 decision by the U.S. Court of Appeals for the Seventh Circuit decision in Hosty v. Carter, which said that student papers that are subsidized by their universities can be regulated just like high school papers. Proponents of student press freedom say that the appeals court's ruling is a green light for administrators who want to suppress articles.

In 2000, three staff members at the Innovator, the now-defunct student paper at Governors State University, in Illinois, sued university officials after a dean, Patricia Carter, on the heels of stories critical of the administration, blocked printing and insisted that she be allowed to review stories before publication. A federal district court ruled in favor of the reporters, but that ruling was overturned by the Seventh Circuit appeals court in 2005.

Mark Goodman, executive director of the Student Press Law Center, said that "to suggest an adult on a college campus can be treated the same way as a 14-year-old can in high school signals the potential beginning of major erosion of college and university First Amendment rights." Goodman added that the Supreme Court has been protective of free expression on campus for the last 30 years, beginning with Healy v. James in 1972, when the court defended the college environment as "peculiarly the 'marketplace of ideas,'" in need of uninhibited expression.

http://www.insidehighereducation.com/news/2006/02/22/supreme

JANUARY 2006

PENTAGON MONITORED CAMPUS GAY GROUP

LIZ SKALKA, WASHINGTON SQUARE NEWS - The Pentagon has classified New York University School of Law's gay and lesbian advocacy group as "potentially violent" following the surveillance of a February counter-military protest at the university, according to media reports. NYU's Outlaw is one of many "suspicious" civilian groups across the country surveyed by the Department of Defense over a recent 10-month period, according to a 400-page defense department document obtained by NBC News last month. . . The Outlaw demonstration noted by the Defense Department protested the arrival of military recruiters at NYU. The protest lasted throughout the day and maintained a presence of nearly 30 demonstrators, said Karlis Kirsis, a second-year law student and Outlaw admissions co-chair. Kirsis said he disagreed with the defense department report's findings that the group may be violent, and said the protest was "jovial" and "relaxed."

http://www.uwire.com/content//topnews011706001.html

DECEMBER 2005

TOWN PASSES ANTI-IMMIGRANT ZONING LAW

STEPHANIE MCCRUMMEN, WASHINGTON POST - A new Manassas ordinance narrows, for zoning, what the city considers a family:

A. An individual;

B. Two or more persons related to the second degree of collateral consanguinity by blood, marriage, adoption or guardianship, or otherwise duly authorized custodial relationship, as verified by official public records such as driver's licenses, birth or marriage certificates, court orders or notarized affidavits, living and cooking together as a single housekeeping unit, exclusive of not more than one additional unrelated person;

C. A number of persons, not exceeding three, living and cooking together as a single housekeeping unit though not related by blood, marriage, adoption or guardianship; or

D. Not more than two unrelated persons and their dependent children living and cooking together as a single housekeeping unit. . .

The rule, which has alarmed civil libertarians and housing activists, is among a series of attempts by municipalities across the nation to use zoning powers to deal with problems they associate with immigrants, often illegal, who have settled in suburbs, typically in shared housing to help with the rent or mortgage.

"It is not only unfair; it's racism," said Edgar Rivera, an organizer with Tenants and Workers United, a Northern Virginia group that advocates affordable housing as a solution to overcrowding. "It's basically a way to just go after certain communities."

Kent Willis, executive director of the American Civil Liberties Union of Virginia, said the new rule is "constitutionally questionable" and pointed to a 1977 Supreme Court ruling that struck down a similar law defining family passed by the city of East Cleveland, Ohio. Even so, other municipalities have passed similar ordinances or are considering them.

http://www.washingtonpost.com/wp-dyn/content/article/2005/12/27/AR2005122701216.html

BOSTON TRANSIT TO SPY ON ITS RIDERS

BOSTON HERALD - Over the coming year, the T will install automated fare collection equipment at every subway station and on every bus, allowing riders to pay easily with taps of special smart cards in their names. But each transaction with the plastic Charlie Cards will be recorded electronically, creating a record of where users were at a particular time on a particular day. Those records could be subpoenaed by cops, courts or even lawyers in civil cases. "The bottom line is that like other developments with consumer products and technology, the convenience does have a flip side. It's convenience versus having the government be able to track you," said privacy expert Eric Gertler. . .

The new automated fare system will record where a passenger boards the system and at what time. The system won't capture any data on the rider's destination. The information will be archived for a year and a half to two years before it's erased. . .

The Massachusetts Turnpike Authority has for years recorded where and when users of the Fas tLane electronic transponders get on and off the toll highway. Unlike the MBTA, the Turnpike's privacy protections barring outside release of the data without a subpoena are written into state law. "On a fairly regular basis we receive subpoena requests both civil and criminal," Pike spokesman Tom Farmer said.

http://news.bostonherald.com/localRegional/view.bg?articleid=118780&format=text

JUDGE RULES SPEECH IS STILL FREE

CHRIS CHURCHILL, KENNEBEC JOURNAL, ME - Augusta's parade ordinance was declared unconstitutional Thursday by a federal judge, who ruled that the city unfairly imposed fees and rules on protesters. In a ruling that city officials said they likely would appeal, U.S. District Court Judge John Woodcock Jr. strongly rejected most aspects of a capital-city ordinance that requires marchers to provide 30-day-notice, pay fees and meet with the police chief. "To march is to speak," Woodcock wrote. "A parade, as speech, especially as political speech, invokes the First Amendment and commands this Court's protection.". . .

The fee "is the equivalent of a determination that those who cannot afford to pay the fee have a less important message to convey," Woodcock wrote. "Consequently, the ordinance must afford a fee waiver for those unable to pay."

Maine Civil Liberties Union lawyer Zachary Heiden said the force of Woodcock's 51-page ruling is in its assertive and eloquent prose. "Because it is so well-articulated . . . we think it's going to be an opinion that's persuasive for judges across the country," Heiden said.

http://www.unknownnews.org/0512271223Woodcock.html

VIDEO TAPES SHOW NY COPS INFILTRATING ACTIVIST GROUPS

JIM DWYER, NY TIMES - Undercover New York City police officers have conducted covert surveillance in the last 16 months of people protesting the Iraq war, bicycle riders taking part in mass rallies and even mourners at a street vigil for a cyclist killed in an accident, a series of videotapes show.
In glimpses and in glaring detail, the videotape images reveal the robust presence of disguised officers or others working with them at seven public gatherings since August 2004.

The officers hoist protest signs. They hold flowers with mourners. They ride in bicycle events. At the vigil for the cyclist, an officer in biking gear wore a button that said, "I am a shameless agitator." She also carried a camera and videotaped the roughly 15 people present.

Beyond collecting information, some of the undercover officers or their associates are seen on the tape having influence on events. At a demonstration last year during the Republican National Convention, the sham arrest of a man secretly working with the police led to a bruising confrontation between officers in riot gear and bystanders.

Provided with images from the tape, the Police Department's chief spokesman, Paul J. Browne, did not dispute that they showed officers at work but said that disguised officers had always attended such gatherings - not to investigate political activities but to keep order and protect free speech. Activists, however, say that police officers masquerading as protesters and bicycle riders distort their messages and provoke trouble.

The pictures of the undercover officers were culled from an unofficial archive of civilian and police videotapes by Eileen Clancy, a forensic video analyst who is critical of the tactics. She gave the tapes to The New York Times. Based on what the individuals said, the equipment they carried and their almost immediate release after they had been arrested amid protesters or bicycle riders, The Times concluded that at least 10 officers were incognito at the events.

http://www.nytimes.com/2005/12/22/nyregion/22police.html

NOVEMBER 2005

BLOGGING RIGHTS OF STUDENTS

ELECTRONIC FRONTIER FOUNDATION EFF has added a guide to Bloggers' Rights for students, a companion piece to its previous Guide to Bloggers' Rights.

Do Public School Students Have Free Speech Rights under the First Amendment? Absolutely. Both minors and adults have First Amendment rights, and according to the Supreme Court, public school students don't "shed their constitutional right to freedom of speech or expression at the schoolhouse gate." In the Tinker case, the Court said that public high school students had a First Amendment right to wear black armbands to class in symbolic protest of the Vietnam War. "Students in school as well as out of school are 'persons' under our Constitution," the Court said, and "they are possessed of fundamental rights which the State must respect..."

But I'm a Private School Student-What About Me? You also have First Amendment rights, but those rights only protect you from government censorship, not private censorship. As a general matter, you will receive no protection from censorship or punishment by a private school or college. However, some states provide private high school and college students with additional speech protections that go above and beyond the First Amendment. Furthermore, if your private school has an applicable written policy, the school must follow that policy.

http://www.eff.org/bloggers/lg/

SUPREME COURT APPROVES LIFETIME PENALTY FOR MINOR CRIMES

[This ruling is not only blatantly anti-black but disenfranchises those imprisoned for minor crimes such as marijuana possession]

JAMES VICINI, REUTERS - The U.S. Supreme Court let stand a Florida law that generally bars convicted felons from voting, even after they have completed their term of prison, probation and parole. The high court rejected an appeal which argued that the law could be challenged under a section of the Voting Rights Act of 1965, which prohibits voter disqualification based on race.

Every state in the nation, except for Maine and Vermont, prohibit, to one degree or another, felons from voting. Fourteen states, including Florida, generally bar felons from voting even after they have served their sentences and have completed their terms of probation and parole. Approximately 5 million felons who have been released from prison are legally disenfranchised, civil rights experts have estimated. About 1.4 million black men remain permanently disenfranchised.

IBM OFFICIAL CALLS FOR GLOBAL ID

VIVIAN YEO ZDNET - International standards backed up by a UN body are needed to clear up the international identity-verification mess, according to a senior IBM Global Services executive. The growing need for fast, accurate verification of personal identities has prompted a call from an industry observer for a global agency to set international standards. . . Beyond different governments "trying to create a mosaic for what they want as good identity management", wider international cooperation is needed to establish a common language and standards, said Cal Slemp, vice-president and global leader for security and privacy services at IBM Global Services. . . What's missing right now, he noted, is a trusted third party to authenticate trustworthiness. "So we've got inconsistent and incomplete implementation [in individual countries], and also no standard approach to the future nor a target to shoot at."

http://news.zdnet.co.uk/business/legal/0,39020651,39236488,00.htm

[You'd think IBM would be a little more cautious about such things]

SYDNEY MORNING HERALD, AUSTRALIA, MAY 4 - A Swiss court has rejected a lawsuit against IBM by a Roma group that claimed the US technology giant helped the Nazis exterminate millions of people during the Second World War, the plaintiffs' lawyer have said. The Geneva court ruled that the case was subject to the statute of limitations, preventing legal actions decades after the event, said lawyer Henri-Philippe Sambuc. . . GIRCA filed its lawsuit in 2001, claiming that IBM's Hollerith punch-card machines enabled the Nazis boost the efficiency of their killing operations. The group sued IBM for "moral reparation" and $20,000 each in damages, acting on behalf of four German and French Roma and one Polish-born Swedish Rom. All five are Holocaust orphans. . .

GIRCA launched its legal action after US author Edwin Black said in his book "IBM and the Holocaust" that the punch-card machines were used to codify information about people sent to concentration camps, as well as gather census data on Jews, Roma and other groups singled out by the Nazis after they came to power in 1933. . . said.

IBM has said that the case is groundless, rejecting allegations that it was in any way complicit in the Holocaust. It has consistently said that its German subsidiary was taken over by the Nazis and that the parent company was in no way responsible for the way its punch-card machines were used. GIRCA maintains that IBM continued to deal with its customers despite the takeover.

SEPTEMBER 2005. . .

SEGREGATION NEVER ENDED

JONATHAN KOZOL, HARPERS - Many Americans who live far from our major cities and who have no firsthand knowledge of the realities to be found in urban public schools seem to have the rather vague and general impression that the great extremes of racial isolation that were matters of grave national significance some thirty-five or forty years ago have gradually but steadily diminished in more recent years. The truth, unhappily, is that the trend, for well over a decade now, has been precisely the reverse. Schools that were already deeply segregated twenty-five or thirty years ago are no less segregated now, while thousands of other schools around the country that had been integrated either voluntarily or by the force of law have since been rapidly resegregating.

In Chicago, by the academic year 2002-2003, 87 percent of public-school enrollment was black or Hispanic; less than 10 percent of children in the schools were white. In Washington, D.C., 94 percent of children were black or Hispanic; less than 5 percent were white. In St. Louis, 82 percent of the student population were black or Hispanic; in Philadelphia and Cleveland, 79 percent; in Los Angeles, 84 percent, in Detroit, 96 percent; in Baltimore, 89 percent. In New York City, nearly three quarters of the students were black or Hispanic.

Even these statistics, as stark as they are, cannot begin to convey how deeply isolated children in the poorest and most segregated sections of these cities have become. In the typically colossal high schools of the Bronx, for instance, more than 90 percent of students (in most cases, more than 95 percent) are black or Hispanic. At John F. Kennedy High School in 2003, 93 percent of the enrollment of more than 4,000 students were black and Hispanic; only 3.5 percent of students at the school were white. At Harry S. Truman High School, black and Hispanic students represented 96 percent of the enrollment of 2,700 students; 2 percent were white. At Adlai Stevenson High School, which enrolls 3,400 students, blacks and Hispanics made up 97 percent of the student population; a mere eight tenths of one percent were white.

A teacher at P.S. 65 in the South Bronx once pointed out to me one of the two white children I had ever seen there. His presence in her class was something of a wonderment to the teacher and to the other pupils. I asked how many white kids she had taught in the South Bronx in her career. "I've been at this school for eighteen years," she said. "This is the first white student I have ever taught."

JULY 2005. . .

MICROCHIPS ORDERED FOR CITY'S DOGS. . . YOU'RE NEXT

AGENCE FRANCE PRESSE - Canine owners near San Francisco will be in the doghouse if they don't obey a trend-setting requirement to implant pooches with identification microchips, police said. Officials in the city of Oakland, across the bay from San Francisco, are making it a crime not have high-tech dog tags imbedded under the skin of what the socially-sensitive here refer to as canine "companions." "This is a case where Oakland was ahead of the ball instead of behind it," said police Sergeant David Cronin, head of the animal services department, who helped draft the ordinance, which is in the process of being approved by the city.

COMCAST CENSORING CUSTOMERS' MAIL

DAVID SWANSON - I'm working on a campaign headquartered at www.afterdowningstreet.org that seeks to draw attention to the Downing Street Minutes and to lobby Congress to open an investigation into whether the President has committed impeachable offenses. According to a recent Zogby poll, 42 percent of Americans favor impeachment proceedings if the President lied about the reasons for war, and according to a recent ABC News / Washington Post poll, 52 percent think he did. But this story is nowhere to be found in the corporate media. So, our website attracts a lot of traffic.

In addition, July 23rd is the three-year anniversary of the meeting on Downing Street that produced the now infamous minutes, and we are organizing events all over the country on that day. Or, we're trying to. But we noticed about a week ago that everyone working on this campaign was having strange Email problems. Some people would get Emails and some wouldn't, or they'd receive some but not others. Conference calls were worse than usual (I can't stand the things anyway) because half the people wouldn't get the info and know where to call in. Organizing by internet is super easy, but when you have to follow up every Email with a phone call to see if someone got it, it becomes super frustrating. Volunteers have been complaining all over the country – especially now that we've figured out what the problem was and they know what to complain about.

We didn't know it, but for the past week, anyone using Comcast has been unable to receive any Email with "www.afterdowningstreet.org" in the body of the Email. That has included every Email from me, since that was in my signature at the bottom of every Email I sent. And it included any Email linking people to any information about the upcoming events. . . .

Disturbingly, Comcast did not notify us of this block. It took us a number of days to nail down Comcast as the cause of the problems, and then more days, working with Comcast's abuse department to identify exactly what was going on. We'd reached that point by Thursday, but Comcast was slow to fix the problem.

During the day on Friday we escalated our threats to flood Comcast's executives with phone calls and cancellations, and we gave them deadlines. Friday evening, Comcast passed the buck to Symantec. Comcast said that Symantec's Bright Mail filter was blocking the Emails, and that Symantec refused to lift the block, because they had supposedly received 46,000 complaints about Emails with our URL in them. . . Of course, Symantec was working for Comcast, and Comcast could insist that they shape up, or drop them. But Comcast wasn't interested in doing that. Could we see two or three, or even one, of those 46,000 complaints? No, and Comcast claimed that Symantec wouldn't share them with Comcast either.

Comcast has a near monopoly on high-speed internet service in much of this country, including much of the Washington, D.C., area. Many members of the media and many people involved in politics rely on it. . . Comcast effectively censors discussion of particular political topics, and impedes the ability of people to associate with each other, with absolutely no compulsion to explain itself. There is no due process. A phrase or web address is tried and convicted in absentia and without the knowledge of those involved.

Now, did Comcast do this because it opposes impeaching the President? I seriously doubt it. Apparently the folks at Symantec did this, and Comcast condoned it. But why?. . .

This state of affairs means that anyone who wants to stifle public and quasi-private discussion of a topic can quite easily do so by generating numerous spam complaints. The victims of the complaints will not be notified, made aware of the accusations against them, or provided an opportunity to defend themselves. And if the complaints prove bogus, there will be absolutely no penalty for having made them.

And this won't affect only small-time information sources. If the New York Times or CNN attempts to send people Email with a forbidden phrase, it won't reach Comcast customers or customers of any ISP using the same or similar filtering program.

FROM THE SPANISH PRIME MINISTER'S SPEECH ON GAY MARRIAGE

[Wouldn't it be nice if we had politicians who spoke this well?]

PRIME MINISTER JOSE LUIS RODRIGUEZ ZAPATERO - We are not legislating, honorable members, for people far away and not known by us. We are enlarging the opportunity for happiness to our neighbors, our co-workers, our friends and, our families: at the same time we are making a more decent society, because a decent society is one that does not humiliate its members. . .

Today, the Spanish society answers to a group of people who, during many years have been humiliated, whose rights have been ignored, whose dignity has been offended, their identity denied, and their liberty oppressed. Today the Spanish society grants them the respect they deserve, recognizes their rights, restores their dignity, affirms their identity, and restores their liberty.

It is true that they are only a minority, but their triumph is everyone's triumph. It is also the triumph of those who oppose this law, even though they do not know this yet: because it is the triumph of liberty. Their victory makes all of us (even those who oppose the law) better people, it makes our society better. Honorable members, there is no damage to marriage or to the concept of family in allowing two people of the same sex to get married. To the contrary, what happens is this class of Spanish citizens get the potential to organize their lives with the rights and privileges of marriage and family. There is no danger to the institution of marriage, but precisely the opposite: this law enhances and respects marriage.

Today, conscious that some people and institutions are in a profound disagreement with this change in our civil law, I wish to express that, like other reforms to the marriage code that preceded this one, this law will generate no evil, that its only consequence will be the avoiding of senseless suffering of decent human beings. A society that avoids senseless suffering of decent human beings is a better society.

With the approval of this bill, our country takes another step in the path of liberty and tolerance that was begun by the democratic change of government. Our children will look at us incredulously if we tell them that many years ago, our mothers had less rights than our fathers, or if we tell them that people had to stay married against their will even though they were unable to share their lives. Today we can offer them a beautiful lesson: every right gained, each access to liberty has been the result of the struggle and sacrifice of many people that deserve our recognition and praise.

[Translated by journalist Rex Wockner and found on Doug Ireland's website]

http://direland.typepad.com/direland/2005/07/when_the_spanis.html

JUNE 2005. . .

13 TEENS THREATENED WITH FELONIES FOR HACKING SCHOOL LAPTOPS

DAN ROMAN, BERKSMONT NEWS - Thirteen Kutztown Area High School students are facing felony charges for tampering with district-issued laptop computers. According to parent testimony and confirmed by an otherwise vaguely-worded letter from the Kutztown Police Department, students got hold of the system's secret administrative password and reconfigured their computers to achieve greater Internet and network access. Some students used the newfound freedom to download music and inappropriate images from the Internet.

James Shrawder spoke on behalf of a group of parents of six of the accused at a June 20 school board meeting. He said the administration may have railroaded the process by not providing authorities with the whole story.

"That's absurd," Superintendent Brenda S. Winkler said after the board meeting, in response to Shrawder's allegations that the administration withheld information until the end of the school year. . .

Shrawder said the secret password "50Trexler," was widely-known among the student body and distributed early in the school year. It allowed between 80 and 100 students to reconfigure their laptops, he said. The more computer-savvy students began to disable the administrations' ability to spy on the students' computer use. For others, it became a game, trying to outsmart the administration and compete with fellow students who held the secret, Shrawder said. "I don't know why this is such a big deal," he said. "At no time was the security of the server breached, and I don't know that it has cost the taxpayers any money.". . .

For the moment, parents were uncertain how to react to the threat of charges against their children. Paperwork is hung up in county juvenile court system and the only indication of the charges is the letter sent to parents and signed by Officer Walter J. Skavinsky of the Kutztown Police Department.

ORWELL'S AMERICA: SPY CAMS PROLIFERATE

CLAYTON COLLINS, CHRISTIAN SCIENCE MONITOR - In mid-July, Chelsea, Mass., hopes to throw the switch on a quarter-million-dollar system of 27 digital cameras with the capacity to monitor and record activity in any of its public spaces, says Jay Ash, city manager. His hope: that the system, which has cut crime in Chicago, will do the same in this high-crime city of 36,000 packed into less than two square miles. Other small cities have similar aims. Officials in Schenectady, N.Y., reportedly plan to have eight cameras trained on the city's main commercial zone by fall. State funds will be used. Chelsea's ally is the US government, which will add seven more cameras in a shared-feeds arrangement that has city officials encouraged, civil libertarians concerned, and some residents wondering how electronic policing and a federal presence will affect daily life. . .

Perhaps the most controversial area of monitoring is the proposed inclusion of private-sector cameras. Many cities already have thousands, and demand for electronic-security products is projected to grow 9 percent a year through 2008 to $15.5 billion, according to Freedonia Group, a research firm.

PENTAGON SPYING ON THE YOUNG; SOCIAL SECURITY SPYING ON THE POOR

[The Social Security questionnaire being mailed to 20 million presumedly low income Americans also asks many questions that constitute an invasion of privacy, especially since they are not even on an application but a general questionnaire]

JONATHAN KRIM, WASHINGTON POST - The Defense Department began working yesterday with a private marketing firm to create a database of high school students ages 16 to 18 and all college students to help the military identify potential recruits in a time of dwindling enlistment in some branches. The program is provoking a furor among privacy advocates. The new database will include personal information including birth dates, Social Security numbers, e-mail addresses, grade-point averages, ethnicity and what subjects the students are studying. . .

"The purpose of the system . . . is to provide a single central facility within the Department of Defense to compile, process and distribute files of individuals who meet age and minimum school requirements for military service," according to the official notice of the program.

BUSH REGIME USES BACK DOOR TO SUPPRESS SEX ON INTERNET

THIS STORY HAS BEEN effectively blacked out by the national media. While it directly involves adult porn, it goes to the heart of free speech. The following items appeared on Boing Boing:

ROTTEN.COM - Our gapingmaw.com and other sites shut in anticipation of 2257 Amended Section 2257 recordkeeping regulations go into effect at midnight tonight. The federal law requires website owners to keep records documenting, among other things, that "every performer portrayed in a visual depiction of actual sexually explicit conduct" is over the age of 18. In anticipation, porn sites and others that offer adult content are preparing to make their sites compliant -- or taking them offline. Today, several sites in the Rotten.com family are going dark for that reason. . .

Section 2257 is ostensibly aimed at preventing the exploitation of minors in pornography. However, some free speech advocates argue it provides the conservative Bush administration with the power to silence other websites deemed offensive. . .

GAPINGMAW.COM - The things that used to be here, the very funny things that you want to read, have been made retroactively illegal by the US government, in a side-handed attack on the pornography industry. We might mention that the material here isn't even pornography as you normally think of it -- this site is just adult humor, in essay format, with some illustrations. The government is mandating that we meet certain bookkeeping requirements, ones impossible to meet for this site. Never mind that those requirements do not actually gain the public anything. . . . The penalty for not abiding by these bookkeeping requirements is five years prison.

The regulations were promulgated by Alberto Gonzales, US Attorney General appointed by George Bush. If you voted for Bush, this is your fault. If you think this country is free, you are sadly mistaken. No nation has freedom when it is run by religious zealots.

A READER - In terms of the bookkeeping requirements for adult film distributors -- each distributor has to keep records on site. That includes social security numbers, driver license scans and other personal information. So lets say you're Paris Hilton. Your personal information then has to be carried by every distributor that carries that film ( which could be hundreds if not thousands of locations, increasing the likelihood of identity theft, etc -- and not to mention privacy issues). It used to be that the studio producing an adult film would carry that information at their studio. This law is a way for the government to control porn.

7TH CIRCUIT STOMPS ON CAMPUS PRESS FREEDOM

AP - The 7th U.S. Circuit Court of Appeals has ruled against a campus newspaper in a case being closely watched by free-press advocates. The case, Hosty v. Carter (formerly Hosty v. Governors State University), involved whether the dean of student affairs at Governors State University in University Park, Ill., could censor the newspaper, the Innovator.

The controversy arose after Dean Patricia Carter sought to prevent publication of the Innovator unless it had obtained prior approval of university officials. Two former student editors, Margaret Hosty and Jeni Porche, and a former writer, Steven P. Barba, filed a federal lawsuit, contending that Carter, the state-run school and other officials violated their free-expression rights in that their demand for prior review amounted to an unconstitutional prior restraint on expression.

Carter argued that she could censor the college newspaper under the rationale of the 1988 Supreme Court ruling in Hazelwood School District v. Kuhlmeier, in which the Court said high school newspapers could be subject to restrictions.

The majority in yesterday's 7-4 ruling by the 7th Circuit reversed a 2003 ruling by a three-judge panel of the same court, rejecting the panel's finding that college students possessed greater press freedoms than high school students. The central question, yesterday's majority said, was whether the Innovator could be subjected to college-administration control because it had been created as a certain type of public forum and was funded by the school.

SUPREME COURT UPHOLDS AMERICAN GULAGS

USA TODAY - The Supreme Court unanimously upheld an Ohio corrections policy that allows the most dangerous criminals to be locked up in isolated super-maximum-security prison cells. But the justices also found that prisoners have a constitutional interest in avoiding assignment to such cells. As a result, prison officials must ensure that there are several levels of review when a prisoner is transferred to a cell designed to deprive an inmate of almost all human contact and which, in Ohio, eliminates the chance of parole.

NEARLY TWO-THIRDS DON'T WANT FLAG AMENDMENT

FIRST AMENDMENT CENTER - The number of Americans who oppose a constitutional amendment that would give Congress the power to punish flag-burning as protest is up sharply from 2004, according to a survey released today by the First Amendment Center. 63% of those sampled said the U.S. Constitution "should not be amended to prohibit burning or desecrating the American flag," up from 53% in 2004 and the highest number against the proposed amendment since the annual survey began in 1997. 35% said the Constitution "should be amended" - down from 45% in 2004.

APPEALS COURT UPHOLDS RIGGED PRESIDENTIAL DEBATES

RICHARD KEIL BLOOMBERG NEWS - The bipartisan group that organizes presidential debates had the right to exclude consumer advocate Ralph Nader and other third-party candidates from the debates in 2000, a federal appeals court ruled. The court, reversing a judge's ruling, said the Commission on Presidential Debates could exclude Nader, then the Green Party presidential candidate, Reform Party candidate Pat Buchanan and other third-party candidates from the 2000 presidential debates and ban them from sitting in the audience at the first debate in Boston. . .

The commission "acted not out of any preference for major-party candidates, but rather because it feared one or more third-party candidates would disrupt the debate," the U.S. Court of Appeals for the D.C. Circuit said in overturning 3-0 a lower court judge's decision in the candidates' favor. . .

A federal judge had ruled for the candidates, saying their exclusion from the debates was "unrelated to a subjective or objective concern of disruption, and was therefore partisan."

PRIVATE SPY AGENCIES INACCURATE

ONE OF THE PROBLEMS with privatizing spying on US citizens, constitutional issues aside, is that the companies the government and corporations aren't that good.

BOING BOING - Data-brokers like Choice Point and Acxiom suck so bad that in a recent Privacy Activism study, they were found to have inaccuracies in one hundred percent of the reports in the sample, including incorrectly identifying subjects' sex and even incorrectly describing several participants as officers of companies. This kind of study is nearly impossible to undertake: "[Privacy Activism] had to find companies who were doing background checks on employees anyway, and who felt that participating in this study with Privacy Activism was important. Then those companies asked their employees if they wanted to anonymously participate in the study." Although outside of the specific data that was the focus of the study, several other inaccuracies reported by the participants are worth mentioning: * 100% of participants had at least one phone number omitted in reports from Choice- Point.

- Three different participants were incorrectly reported as "officers of corporations" in the Choice Point reports.

- One participant's Choice Point report had several of her ex-husband's addresses listed under her name

- One participant's Acxiom report had an incorrect gender

MAY 2005. . .

COURT DEFENDS RIGHT TO USE OBSCENITIES TO POLICE
http://www.firstamendmentcenter.org/news.aspx?id=15356

ASSOCIATED PRESS - A teen who shouted obscenities at a police officer was exercising his right to free speech, the Indiana Court of Appeals has ruled. The three-judge panel voted unanimously, although reluctantly, yesterday to overturn the youth's juvenile conviction for disorderly conduct, ruling that his comments in reaction to the officer's treatment of his companion were protected political speech.

"Although we do not agree with the manner in which U.M. conducted himself ... U.M. was expressing himself regarding the legality and appropriateness of police conduct toward his companion," Senior Judge George B. Hoffman Jr. wrote in the order, In the Matter of U.M. v. State of Indiana, reversing the youth's adjudication in Marion Superior Court.

MOVING TOWARDS AN INTERNATIONAL ID CARD
http://news.independent.co.uk/uk/politics/story.jsp?story=641731

INDPENDENT, UK - The United States wants Britain's proposed identity cards to have the same microchip and technology as the ones used on American documents. The aim of getting the same microchip is to ensure compatibility in screening terrorist suspects. But it will also mean that information contained in the British cards can be accessed across the Atlantic. Michael Chertoff, the newly appointed US Secretary for Homeland Security, has already had talks with the Home Secretary, Charles Clarke, and the Transport Secretary, Alistair Darling, to discuss the matter. . .

Mr Chertoff also proposed that British citizens wishing to visit the US should consider entering a "Trusted Traveller" scheme. Under this, they would forward their details to the US embassy to be vetted. If successful, they would receive a document allowing "fast- tracking" through the US immigration system.

PBS, OTHERS ALREADY CENSORING OWN BROADCASTS
http://www.televisionwatch.org/site/pp.asp?c=dqLSI7OCKlF&b=593311

TELEVISION WATCH - You may not know it, but programs are already being changed or not aired out of fear of government fines:

A scene showing Nelson Mandela was deleted from a documentary about South Africa because women in the background participating in traditional dance were partially unclothed.

The FCC investigated coverage of the Olympic Games Opening Ceremonies in Athens because historical depictions of Greek art and dance appeared in the broadcast.

Famous centerfold images of Marilyn Monroe and pictures of nude women painted on World War II planes are being screened by PBS's Antiques Roadshow, and editors obscured the image of a 50-year old nude lithography.

The Cotton Club, Fargo and films by Academy-Award-winning filmmaker Federico Fellini, the 2004 Tony-Award-winning Best Musical Avenue Q, and scenes and dialogue from a "reality" period piece set in the 1880's, Regency House Party, were blocked from broadcast on PBS.

News footage of stunned onlookers during the attacks of 9/11, of a soldier's language during a bomb blast in Iraq, and a documentary about soldiers' experiences in Iraq have been edited to remove coarse language.

Phoenix TV stations dropped coverage of a live memorial service for Pat Tillman, the former Arizona football star killed in Afghanistan, because of language used by mournful family members.

80 percent of PBS affiliates rejected broadcast footage from the time leading up to the Iraqi elections and the battle for Fallujah because of explicit language used by the soldiers.

Popular shows like Emmy-Award-winning N.Y.P.D. Blue and ER have edited important scenes - such as the appearance an 80-year old woman patient's breast.

A Family Guy episode that aired 5 years ago - without incident - was edited to remove a view of an animated character's buttocks, and altered an animated depiction in another episode of a character breast-feeding in public.

Broadcasters across the country are changing the way they cover live news events; for example, moving their microphones far away from live crowds to avoid airing potentially offensive comments.