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California’s violent video game ban law ruled unconstitutional by US Court of Appeals

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California’s violent video game ban law ruled unconstitutional by US Court of Appeals

California’s violent video game ban law ruled unconstitutional by US Court of Appeals

By March 17, 2019

Sunday, February 22, 2009

A U.S. Court of Appeals on Friday has declared unconstitutional California Assembly Bills 1792 & 1793, the California “ultraviolent video games law” that sought to ban the sale or rental of violent video games to minors.

Federal judge Consuelo M. Callahan has ruled that the 2005 statewide ban, which has yet to be enforced, violates minors’ rights under the US Constitution’s First and 14th amendment because even the most graphic on-screen mayhem, video game content represents free speech that cannot be censored without proper justification.

The Court has ruled that there’s no convincing evidence it causes psychological damage to young people. The 3-0 judgment has affirmed an earlier ruling by a U.S. District Court, which barred enforcement of the law on the basis that it was “unduly restrictive” and “used overly broad definitions,” and that the state failed to show that the limitations on violent video games would actually protect children.

In 2005, Leland Yee (???), a California State Senator (in District 8 which includes the western half of San Francisco and most of San Mateo County), Speaker pro Tempore of the Assembly (D-San Francisco/Daly City), introduced California Assembly Bills 1792 & 1793 which barred “ultra-violent” video games from minors under the age of eighteen in California and mandated the application of ESRB ratings for video games.

“California Assembly Bills 1792 & 1793” were commonly called the “ultraviolent video games bills” or simply “video game ban” bills. Bill 1792 banned the sales of such video games while Bill 1793 required signs explaining the regulations on said games to be placed where such were sold. Both bills were passed by the Assembly and signed by Governor Arnold Schwarzenegger into law (AB 1179) on October 7, 2005.

Explicitly, these two bills provided that:

  • AB 1792 will place ultra-violent video games into the “matter” portion of the penal code, which criminalizes the sale of said material to a minor.
  • AB 1793 will require retailers to place M-rated games separate from other games intended for children, and will also require retailers to display signage explaining the ESRB rating system.

Yee, a former child psychologist has publicly criticized such games as Grand Theft Auto: San Andreas and Manhunt 2, and opposes the U.S. Army’s Global Gaming League.

On October 17, 2005, before the effectivity of the challenged Act, plaintiffs Video Software Dealers Association, the not-for-profit international trade association dedicated to advancing the interests of the $32 billion home entertainment industry and Entertainment Software Association, a 1994 US trade association of the video game industry have filed lawsuit (D.C. No. CV-05-04188-RMW) against the defendants Governor Arnold Schwarzenegger, CA Attorney General, Edmund G. Brown, Santa Clara County District Attorney George Kennedy, City Attorney for the City of San Jose, Richard Doyle, and County Counsel for the County of Santa Clara, Ann Miller Ravel.

Plaintiffs’ counsel, Jenner & Block‘s Paul M. Smith has filed a declaratory relief to invalidate the newly-enacted California Civil Code sections 1746-1746.5 (the “Act”), on the grounds that it allegedly violated 42 U.S.C. § 1983 and the First and Fourteenth Amendments.

Plaintiffs have submitted that “the Act unconstitutionally curtailed freedom of expression on its face based on content regulation and the labeling requirement, was unconstitutionally vague, and violated equal protection. California’s restrictions could open the door for states to limit minors’ access to other material under the guise of protecting children.”

By December 2005, both bills had been struck down as unconstitutional, by Ronald M. Whyte, District Judge, Presiding in the United States District Court for the Northern District of California in San Jose, thereby preventing either from going into effect on January 1, 2006.

Judge Whyte has granted plaintiffs’ motion for a preliminary injunction in “Video Software Dealers Ass’n v. Schwarzenegger,” 401 F. Supp. 2d 1034 (N.D. Cal. 2005), and cross-motions for summary judgment, in “Video Software Dealers Ass’n v. Schwarzenegger,” No. C-05-04188, slip op. (N.D. Cal. Aug. 6, 2007).

Similar bills were subsequently filed in such states as Illinois, Oklahoma, Minnesota, Michigan and Louisiana have been ruled to be unconstitutional by federal courts on First Amendment grounds, according to Sean Bersell, a spokesman for the Entertainment Merchants Association.

The defendants, in the instant Case No. 07-16620, have timely appealed the judgment. On October 29, 2008, the appealed case was argued and submitted to the Sacramento, California‘s U.S. Court of Appeals, hence, the promulgation of the instant 30 pages decision (No. 07-16620; D.C. No. CV-05-04188-RMW) by Alex Kozinski, Chief Judge, Sidney R. Thomas and Consuelo M. Callahan (who wrote the court’s opinion), United States Court of Appeals for the Ninth Circuit Judges.

In the ban’s defense, Deputy Attorney General for the State of California, Zackery Morazzini has contended that “if governments restrict the sale of pornography to minors, it should also create a separate category for ultra-violent video games.” Edmund Gerald “Jerry” Brown, Jr., California Attorney General, has also argued that “the Court should analyze the Act’s restrictions under what has been called the ‘variable obscenity’ or ‘obscenity as to minors’ standard first mentioned in Ginsberg, 390 U.S. 629. The Court’s reasoning in Ginsberg that a state could prohibit the sale of sexually-explicit material to minors that it could not ban from distribution to adults should be extended to materials containing violence.”

The “Fallo” or dispositive portion of the judgment in question goes as follows:

We hold that the Act, as a presumptively invalid contentbased restriction on speech, is subject to strict scrutiny and not the “variable obscenity” standard from Ginsberg v. New York, 390 U.S. 629 (1968). Applying strict scrutiny, we hold that the Act violates rights protected by the First Amendment because the State has not demonstrated a compelling interest, has not tailored the restriction to its alleged compelling interest, and there exist less-restrictive means that would further the State’s expressed interests. Additionally, we hold that the Act’s labeling requirement is unconstitutionally compelled speech under the First Amendment because it does not require the disclosure of purely factual information; but compels the carrying of the State’s controversial opinion. Accordingly, we affirm the district court’s grant of summary judgment to Plaintiffs and its denial of the State’s cross-motion. Because we affirm the district court on these grounds, we do not reach two of Plaintiffs’ challenges to the Act: first, that the language of the Act is unconstitutionally vague, and, second, that the Act violates Plaintiffs’ rights under the Equal Protection Clause of the Fourteenth Amendment.—”Video Software Dealers Association; Entertainment Software Association v. Arnold Schwarzenegger and George Kennedy” – No. 07-16620; D.C. No. CV-05-04188-RMW – Alex Kozinski, Chief Judge, Sidney R. Thomas and

Consuelo M. Callahan, United States Court of Appeals for the Ninth Circuit Circuit Judges.

“We need to help empower parents with the ultimate decision over whether or not their children play in a world of violence and murder,” said the law’s author, Sen. Leland Yee, announcing he wanted Edmund Gerald “Jerry” Brown, Jr., the current Attorney General and a former governor of the State of California, to appeal the decision to the U.S. Supreme Court.

“Letting the industry police itself is like letting kids sign their own report cards and that a self regulating system simply doesn’t work. I’ve always contended that the … law the governor signed was a good one for protecting children from the harm from playing these ultra-violent video games. I’ve always felt it would end up in the Supreme Court,” Sen. Yee explained. “In fact, the high court recently agreed, in Roper v. Simmons (2005), that we need to treat children differently in the eyes of the law due to brain development,” he added.

According to Michael D. Gallagher, president of the Entertainment Software Association, plaintiff, the Court’s ruling has stressed that parents, with assistance from the industry, are the ones who should control what games their children play. “This is a clear signal that in California and across the country, the reckless pursuit of anti-video game legislation like this is an exercise in wasting taxpayer money, government time and state resources,” Gallagher said in a statement.

California’s violent video game law properly seeks to protect children from the harmful effects of excessively violent, interactive video games. While I am deeply disappointed in today’s ruling, we should not stop our efforts to assist parents in keeping these harmful video games out of the hands of children.

Entertainment Software Association members include Disney Interactive Studios, Electronic Arts, Microsoft Corp, THQ Inc, Sony Computer Entertainment America, and Take-Two Interactive Software, the maker of “Grand Theft Auto” games.

Judge Callahan has also reprimanded state lawyers for having failed to show any reasonable alternatives to an outright statewide ban against the ultra-violent video games. “Ratings education, retailer ratings enforcement, and control of game play by parents are the appropriate responses to concerns about video game content,” said Bo Andersen, president and chief executive of the Entertainment Merchants Association.

Andersen continues, “retailers are committed to assisting parents in assuring that children do not purchase games that are not appropriate for their age. Independent surveys show that retailers are doing a very good job in this area, with an 80 percent enforcement rate, and retailers will continue to work to increase enforcement rates even further; the court has correctly noted that the state cannot simply dismiss these efforts.”

California was already forced to pay $282,794 to the ESA for attorneys’ fees, money that would’ve helped with the state’s current budget difficulties. Andersen has urged California government officials not to appeal the case. “The estimated $283,000 in taxpayer money spent by the state on this case is so far an ‘ill-advised, and ultimately doomed, attempt at state-sponsored nannyism.’ A voluntary ratings system already exists to avoid the state-sponsored nannyism of a ban,” he explained.

“The governor believes strongly we have a responsibility to our children and our communities to protect against the effects of video games depicting ultra-violent actions,” said Governor Schwarzenegger spokeswoman Camille Anderson adding the governor was reviewing Friday’s decision.

Deputy Attorney General Zackery Morazzini, the state’s counsel in the appealed case, has stressed that “a law restricting sales of violent games is far more effective than industry self-policing, since the technological controls that the court cited as another alternative can be easily bypassed by any kid with an Internet connection.”

According to Jim Steyer, Founder of Common Sense Media, a non-profit organization of 750,000 regular users dedicated to improving children’s media lives, researches have shown that playing these violent video games are detrimental for kids mental and physical health. “The health threat involved with kids playing such games is equivalent to smoking cigarettes,” Steyer said. “These violent video games are learning tools for our children and clearly result in more aggressive behavior,” said Randall Hagar, California Psychiatric Association’s Director of Government Affairs.

The Federal Trade Commission‘s data reveals that “nearly 70 percent of thirteen to sixteen year olds are able to purchase M-rated (Mature) video games, which are designed for adults; ninety-two percent of children play video or computer games, of which about forty percent are rated M, which are the fastest growing segment of the 10 billion-dollar video game industry; the top selling games reward players for killing police officers, maiming elderly persons, running over pedestrians and committing despicable acts of murder and torture upon women and racial minorities.”

German court upholds surveillance of Scientology

By March 17, 2019

Wednesday, February 13, 2008

A German court has upheld a ruling from a lower court, sanctioning the monitoring of the Church of Scientology by Germany’s intelligence services.

The North Rhine-Westphalia Higher Administrative Court in Münster ruled that there is enough information present to continue to allow Germany’s intelligence agencies to monitor Scientology activities, asserting that the organization and its members have ambitions contrary to Germany’s democratic order. The agency which monitors Scientology in Germany is called the Federal Office for the Protection of the Constitution, and has had the Church of Scientology under surveillance in Germany since 1997.

There are concrete indications that Scientology’s activities are to implement Scientology’s program in Germany and to expand more and more Scientology’s principles in government, economy and society.

The ruling stated: “There are concrete indications that Scientology’s activities are to implement Scientology’s program in Germany and to expand more and more Scientology’s principles in government, economy and society”. The court did not rule on whether or not the organization should be considered a religion, saying that was irrelevant to the ruling. The German government considers Scientology a business, and not a religion.

The court cited “numerous indications” that “central constitutional values such as the dignity of mankind and the right to equal treatment would be suspended or restricted,” in a Scientology society. The statement released along with the court’s decision also said that “In particular, there is the suspicion that in a scientological society only Scientologists would enjoy civil rights”.

During the court proceedings the German court heard testimony concerning anti-democratic statements made by L. Ron Hubbard, the American founder of Scientology who died in 1986. The court did not find any evidence that the organization had distanced itself from Hubbard’s statements. Certain statements made by Hubbard detail how to harass ex-members and critics of Scientology. Scientologists presented other writings by Hubbard, and asserted that he was a peaceful person and was being quoted out of context.

Other evidence considered by the court included “The Way to Happiness” brochures, part of the organization’s campaign to disseminate Scientology principles worldwide. The project is called “Operation Planetary Calm”. A brochure was sent to the office of German Interior Minister Wolfgang Schäuble, whose office monitors Scientology and other groups deemed a threat to Germany’s constitution.

When the Church of Scientology opened new headquarters in Berlin in January, opponents of Scientology protested outside the building and accused the organization of brainwashing its members. In December, Germany’s top security officials stated that they believe Scientology is in violation of the German constitution, and requested state officials to investigate whether they have sufficient information to ban the organization in Germany.

Despite over 10 years of intrusive investigation and harassment of Scientologists, not one shred of evidence has been uncovered to justify this politically motivated investigation.

Scientology spokeswoman Sabine Weber said that the organization will appeal the ruling. Karin Pouw, public affairs director for the Church of Scientology International told the Associated Press: “Despite over 10 years of intrusive investigation and harassment of Scientologists, not one shred of evidence has been uncovered to justify this politically motivated investigation”. A statement released by the Church of Scientology in Germany said: “The German Federal Office for the Protection of the Constitution should finally end this farce and turn its attention to real enemies of the Constitution and real danger so as to do what it is there for: to protect the German constitution and the basic rights of the people”.

The Church of Scientology took German authorities to court in March 2003, seeking to stop further surveillance of their organization. In a November 2004 ruling, a court in Cologne upheld the legality of the German government’s surveillance of the Church of Scientology.

The United States Department of State has criticized Germany for its surveillance of Scientology in its annual Human Rights Report.

Category:January 11, 2008

By March 16, 2019
? January 10, 2008
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News briefs:April 23, 2010

By March 14, 2019
 Correction — August 24, 2015 These briefs incorrectly describe BP as ‘British Petroleum’. In fact, such a company has not existed for many years as BP dropped this name when becoming a multinational company. The initials no longer stand for anything. 
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Europe hit by storms, 45 deaths reported

By March 14, 2019

Sunday, January 21, 2007

Europe has been hit by fierce wind and storms, with gusts over 150 kilometers per hour reported from the UK to Southern Germany. Most major motorways are blocked/shut due to lorries being overturned by the wind.

Most European Airports, Train and Motorways have been affected. Amsterdam has been cut off, with planes grounded, and the train system from Amsterdam city halted.

Contents

  • 1 Casualties and fatalities
    • 1.1 Western Europe
      • 1.1.1 United Kingdom
      • 1.1.2 Germany
      • 1.1.3 The Netherlands
      • 1.1.4 France
      • 1.1.5 Belgium
    • 1.2 Central and Eastern Europe
  • 2 Sources

According to the BBC, at least 45 people have been killed so far, with more deaths expected. Reports of numbers currently vary as the damage is assessed.

The casualties were distributed as follows:

  • United Kingdom: 13 (8 in North West England)
  • Germany: 13
  • Ireland: 7 – lost at sea
  • The Netherlands: 7
  • Poland: 6
  • Czech Republic: 4
  • Belgium: 2
  • France: 2
  • Austria: 1

The UK saw a total of eleven casualties, most of them in England. All incidents took place on January 18.

  • The first casualty of the storm was the chief of Birmingham International Airport who was killed around 05:45 GMT when his car windscreen was smashed by a falling branch in Shropshire.
  • In the London district of Kentish Town, a two-year-old boy died in hospital after receiving severe head injuries. These were caused by a wall collapsing onto the boy whilst he was walking with his childminder in the afternoon of January 18.
  • A female lorry driver was killed on the A269 in Yorkshire when her vehicle overturned and was blown into a canal.
  • A male lorry driver, who was a German national, was killed on the A55 in Chester in a similar incident.
  • The front-seat male passenger of a car on the A329 was killed when a branch hit the car near Streatley, Berkshire, the driver was injured.
  • A man was blown into metal shutters at an industrial estate in Manchester and died.
  • In Byley, Cheshire, a man was hit by a tree whilst working on a construction site.
  • An elderly man was killed at Humberside by a collapsing shed.
  • A woman in Stockport was killed when a wall she tried to shelter behind collapsed onto her.
  • In Lancashire, a man was hit by a falling canopy at a petrol station whilst refuelling and later died in hospital.
  • In Woofferton, Shropshire, a lorry driver collided with another vehicle and died on the scene.

Germany was the country most severely hit by the storm, with 13 casualties as of January 21, 2007. Most deaths occurred on the 18th and 19th of January, though some victims were only injured at first and later died in hospital.

  • In the Munich bourough Milbertshofen, an 18-month old child was severely injured by a patio door that had broken out of its hinges. The child later died in hospital.
  • Near Kirrlach in the state of Baden-Württemberg, a motorist tried to avoid a tree that had fallen onto the road and crashed into an oncoming vehicle. He was pronounced dead on the scene.
  • A 73-year old man was crushed by a barn door in Gersthofen in the district of Augsburg.
  • A fireman was killed in Tönisvorst in North Rhine-Westphalia whilst performing storm cleanup work.
  • A 36-year motorist was killed in Hildesheim by a fallen tree.
  • A motorcycle driver slid under a tree in Essen, dying in hospital on January 21.
  • On the B 55 near Lippstadt, a 23-year woman was killed when her car was hit by a falling birch tree.
  • A man was killed when the gable of a nearby building collapsed in Groß Rodensleben in the state of Saxony-Anhalt.
  • In Strausberg in Brandenburg, a 25-year man crashed into a fallen tree with his car.
  • Near Finnentrop, a man died after not noticing a tree that had fallen onto the road and crashing into it.

Seven people in the Netherlands were killed as a result of the weather. Two people died when a falling tree hit their car between Arnhem and Ede. A man near Oosterhout was killed in a collision with a truck. A motorcyclist died near Leersum after a collision with a tree, as well as a 17-year old boy on a moped in Sint Oedenrode. An 11-year old boy in Riel was blown in front of a car, which drove over him. The boy died on the scene. A 59-year old man in Staphorst was blown off of the roof of his barn, as he was repairing the damage caused by the storm. Six people were injured when a crane fell through the roof of a Utrecht University building. The National Crisis Centre has advised people to stay indoors, the first time such a warning has been issued.

In France, a driving instructor in Roubaix was killed when an electricity pole fell on top of her car. The student was severely injured. A 30-year old man died near Abbeville, when a swerving truck crashed into his car. A woman in Lille is missing after the roof of a store collapsed. There was significant damage to the cathedral at Saint-Omer.

Two people in Belgium fell victim to the storm; a 16-year old girl in Halle died when a wall she was standing by collapsed and a man died in the province of Liège after a tree fell on top of his car.

In Poland, a crane operator was killed in Katowice when a 25-metre-high (82ft) crane broke in half. By January 19 a total of 6 casualties and 19 people wounded have been reported, nearly 800 thousand households lack electricity due to the damage done by the storm, about 500 were damaged.

In the Czech Republic, a fireman died in Slune?ná (Liberec Region) when the wind threw a tree trunk on him while he was clearing the road with his colleagues. Two young men died in Vestec near Prague when a tree fell on their car.

Wealth Management

House For Sale In Alabama How To Find The Perfect Fixer Upper

By March 14, 2019

By Chuck Magee

If you are looking to buy a house for sale in Alabama and you want to get into the fixer upper, flip or more commonly called rehab market here are some ways to find the perfect starter house.

If you have never bought a house for sale outside for your own personal use there are a handful of ways to find that perfect flip house and in today’s environment you may want to start calling it home rehabbing, banks are very negative on any real estate flipping today.

I will lay out several ways to go about finding a house for sale in Alabama that you may not have thought of but let’s get the easy and most common out of the way first. Find you an aggressive and competent Real Estate Broker and meet with him or her, tell them what you are looking for and give them your budget and let them do all the searching they can, every Realtor likes having an investor in their hip pocket to dump the not so desirable properties to, it makes them look good to move property quick and they get a quick check even though it might not be a great commission quick easy money is always good. Search your local classifieds and cheep ad papers in any market you want to be in, each city will have its own paper and most people will stick to the largest circulation or cheep paper to advertise in. If you have yet to search for property online this is the number one way property is looked for today, over 90% of Real Estate purchased last year was searched for online first.

[youtube]http://www.youtube.com/watch?v=Fmg_dScxCIM[/youtube]

Now that we have the lazy mans ways said lets get to some real deal finding ways to get your first rehab house for sale in Alabama. Look in the delinquent tax roll for a house with past due taxes and taxes that are in arrears, meaning past years not paid for. I do not advocate buying someone house for taxes only that it will most likely get somebody motivated to sell and help get a better deal, it could help both of you on the money end of things. Next just get in your truck and ride, look for houses that are in disrepair, grown up yards anything that would indicate financial trouble or that no body is living in the house this will be your best target, out of site out of mind and someone may be tired of the upkeep, taxes and overall headache of being an absentee owner.

Now that we have a target house found how to make contact, get with the court house, the Chancery Clerks office and get the address from them and mail them a letter about your intentions. When mailing a letter to someone if it’s a distressed home or not you want your letter to be very simple, remember some people are very unsophisticated and may be put off by big words or feeling demeaned, intended or not, careful wording here. You should make you letter very short and to the point, maybe only two sentences or three at the most, this might sound like its not enough but if you put to much they want read it.

A good letter might read something like this; Hi my name is John Smith and I am looking for property to purchase in Pike County and noticed from the court house records you own a home in the area. If you are interested in selling your house please contact me, and then give all your contact information including e-mail address.

Remember a letter is the most non intrusive way to make contact with a potential seller when you are looking for a house for sell in Alabama to rehab. Be aggressive in your search, you make your money on investment property when you buy it not when you sell so buy right and buy smart.

About the Author: In 2000 Chuck and his wife Lindey developed a website called Mississippi-Landsource.com. The website was launched for uniting the real estate market in Land For Sale In Mississippi. In 2009 more sites were launched as sister sites for other states like Land For Sale In Louisiana and Land For Sale In Alabama

Source: isnare.com

Permanent Link: isnare.com/?aid=607863&ca=Real+Estate

Supporters of Myanmar’s Suu Kyi mark detained leader’s 62nd birthday

By March 14, 2019

Tuesday, June 19, 2007

Aung San Suu Kyi, the detained leader of the National League for Democracy in Myanmar marked her 62nd birthday today, still under house arrest, where she has spent most of the past 17 years.

About 250 supporters met at the National League for Democracy (NLD) headquarters in Yangon, not far from Suu Kyi’s home, and held a rally calling for her release. Doves and balloons were released into the air, under the watchful eyes and video cameras of around 50 plainclothes police officers, who were stationed across the street.

The police force was augmented by a dozen truckloads of members of the Union Solidarity and Development Association, the political arm of the State Peace and Development, the junta that rules Myanmar.

“The doves symbolise peace. We also released colourful balloons, which rise like her prestige when they fill the sky,” NLD women’s wing leader Lai Lai was quoted as saying by Agence France Presse.

With the party marking marking Suu Kyi’s birthday as “Myanmar Women’s Day,” Lei Lei read out a statement at the ceremony, calling Suu Kyi “irreplaceable” and praising her “honesty, bravery and perseverance.”

Security was beefed up around Suu Kyi’s lakeside home on University Avenue, which is usually open to traffic during daytime, but is closed on significant anniversaries such as Suu Kyi’s birthday or the May 30 anniversary of her detention.

NLD supporters said police were also watching their homes.

“Plainclothes police circled around my house on their motorcycles last night until dawn,” Su Su Nway, 34, was quoted as saying by Agence France-Presse. She was arrested on May 15 with 60 others during a prayer rally for Suu Kyi in Yangon, and was released for health reasons on June 7. She said around 52 NLD supporters were still in custody.

Suu Kyi is generally barred from receiving visitors, so she spent the day alone. Except for her maid, a personal physician, a dentist and an eye specialist, the only other person to visit with Suu Kyi in the past year was United Nations Undersecretary-General for Political Affairs Ibrahim Gambari, whom she met for one hour last November at a government guest house.

Winner of the 1991 Nobel Peace Prize, Suu Kyi has been under house arrest for 11 of the past 17 years, continuously since 2003. Her National League for Democracy won a landslide election in 1990, but the military, which has ruled Myanmar since 1962, refused to honor the results. The country is also known as Burma, but the military government renamed it Myanmar in 1989.

Calls for Suu Kyi’s release have been issued by the NLD, various world bodies and other countries, but the pleadings have been met by no response from the generals.

“In our view, until their constitution is ratified, she will not be released,” Sann Aung, a Bangkok-based leader of the Burmese government-in-exile was quoted as saying by Reuters.

“They are worried that she will be a threat to the National Convention and the referendum,” he told Reuters, referring to the planned national referendum on a new constitution that is being written by the generals.

The Nation newspaper in Bangkok marked Suu Kyi’s birthday with an editorial, saying that sanctions against the Myanmar regime have been ineffective.

“The junta has earned huge amounts of foreign revenue from oil and gas exports, with prices jacked up many times over. With rich mineral resources, energy hungry countries have been attracted to Burma despite the repressive nature of the junta,” the editorial said, also making note of a recent deal that Russia has made to build nuclear reactor in Myanmar.

The paper also said Myanmar bodes ill for the 10-member Association of Southeast Asian Nations regional grouping.

“As long as Aung San Suu Kyi remains incarcerated, ASEAN’s reputation and the group’s international standing will be tarnished. Asean leaders have repeatedly appealed to the Burmese junta to free her, but to no avail … today, Burma is the black sheep of ASEAN. Without any current provisions for sanctions, Burma will remain as intransigent in the future as it is today.”

Glasgow cannabis enthusiasts celebrate ‘green’ on city green

By March 13, 2019

Tuesday, April 22, 2014

Coinciding with Easter Sunday, Glasgow Cannabis Social Club’s annual 420 event was held on Glasgow Green, under sunny blue skies, and overlooking the river Clyde. Despite the city’s council attempting to revoke permission for the gathering at the last minute, police were happy for it to go-ahead with approximately a dozen officers attending in high-visibility vests.

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The Daily Record reported five arrests were made for minor offences, likely smoking and possession of small quantities of cannabis. Taking a less-sensational — and more accurate — line of reporting, the Monday edition of Glasgow’s Evening News stated five were referred to the Procurator Fiscal who is responsible for deciding if charges should be brought.

Official figures provided by the police were that 150 attended. With people coming and going, Wikinews reporters estimated upwards of 200 attended, compared to nearly 700 who had signed up for the event on Facebook. Hemp goods were advertised and on sale at the event, and some attendees were seen drinking cannabis-themed energy drinks.

“I was searched and charged under the Misuse of Drugs Act (which is a lot of bollocks)” one attendee noted online, adding “not fair to happen on a brilliant day like it was, other than that I had a great day!” A second said they were openly smoking and ignored by police, who “were only really focusing on people who looked particularly young”.

Cannabis seeds were openly and legally sold at the event and a hydroponics supplier brought a motortrike towing an advertising trailer. Actually growing cannabis is, however, illegal in the UK.

With the event openly advocating the legalisation of cannabis, speakers put their arguments for this to a receptive crowd. Retired police officer James Duffy, of Law Enforcement Against Prohibition, spoke of the failed United States alcohol prohibition policy; stressing such policies needlessly bring people into contact with criminal elements. Highlighting other countries where legalisation has been implemented, he pointed out such led to lower crime, and lower drug use overall.

One speaker, who produced a bottle of cannabis oil he had received through the post, asserted this cured his prostate cancer. Others highlighted the current use of Sativex by the National Health Service, with a cost in-excess of £150 for a single bottle of GW Pharmaceuticals patented spray — as-compared to the oil shown to the crowd, with a manufacturing cost of approximately £10.

Similar ‘420’ pro-cannabis events were held globally.

On the campaign trail, March 2012

By March 12, 2019

Wednesday, April 4, 2012

The following is the fifth in a monthly series chronicling the U.S. 2012 presidential election. It features original material compiled throughout the previous month after a brief mention of some of the month’s biggest stories.

In this month’s edition on the campaign trail, a politician from outside the fifty states receives significant mention as a potential Republican Party vice presidential nominee, Wikinews gets the reaction of three Democratic Party candidates after the party strips delegates from two of their fellow challengers, and a minor third party removes its presidential nominee for fraud.

Contents

  • 1 Summary
  • 2 Might the GOP VP nominee come from Puerto Rico?
  • 3 Democratic Party strips delegates
  • 4 Party removes presidential nominee
  • 5 Related articles
  • 6 Sources

ACLU, EFF challenging US ‘secret’ court orders seeking Twitter data

By March 12, 2019

Thursday, April 7, 2011

Late last month, the American Civil Liberties Union (ACLU) and Electronic Frontier Foundation (EFF) filed objections to the United States Government’s ‘secret’ attempts to obtain Twitter account information relating to WikiLeaks. The ACLU and EFF cite First and Fourth amendment issues as overriding reasons to overturn government attempts to keep their investigation secret; and, that with Birgitta Jonsdottir being an Icelandic Parliamentarian, the issue has serious international implications.

The case, titled “In the Matter of the 2703(d) Order Relating to Twitter Accounts: Wikileaks, Rop_G, IOERROR; and BirgittaJ“, has been in the EFF’s sights since late last year when they became aware of the US government’s attempts to investigate WikiLeaks-related communications using the popular microblogging service.

The key objective of this US government investigation is to obtain data for the prosecution of Bradley Manning, alleged to have supplied classified data to WikiLeaks. In addition to Manning’s Twitter account, and that of WikiLeaks (@wikileaks), the following three accounts are subject to the order: @ioerror, @birgittaj, and @rop_g. These, respectively, belong to Jacob Apelbaum, Birgitta Jonsdottir, and Rop Gonggrijp.

Birgitta is not the only non-US citizen with their Twitter account targeted by the US Government; Gonggrijp, a Dutch ‘ex-hacker’-turned-security-expert, was one of the founders of XS4ALL – the first Internet Service Provider in the Netherlands available to the public. He has worked on a mobile phone that can encrypt conversations, and proven that electronic voting systems can readily be hacked.

In early March, a Virginia magistrate judge ruled that the government could have the sought records, and neither the targeted users, or the public, could see documents submitted to justify data being passed to the government. The data sought is as follows:

  1. Personal contact information, including addresses
  2. Financial data, including credit card or bank account numbers
  3. Twitter account activity information, including the “date, time, length, and method of connections” plus the “source and destination Internet Protocol address(es)”
  4. Direct Message (DM) information, including the email addresses and IP addresses of everyone with whom the Parties have exchanged DMs

The order demands disclosure of absolutely all such data from November 1, 2009 for the targeted accounts.

The ACLU and EFF are not only challenging this, but demanding that all submissions made by the US government to justify the Twitter disclosure are made public, plus details of any other such cases which have been processed in secret.

Bradley Manning, at the time a specialist from Maryland enlisted with the United States Army’s 2nd Brigade, 10th Mountain Division, was arrested in June last year in connection with the leaking of classified combat video to WikiLeaks.

The leaked video footage, taken from a US helicopter gunship, showed the deaths of Reuters staff Saeed Chmagh and Namir Noor-Eldeen during a U.S. assault in Baghdad, Iraq. The wire agency unsuccessfully attempted to get the footage released via a Freedom of Information Act request in 2007.

When WikiLeaks released the video footage it directly contradicted the official line taken by the U.S. Army asserting that the deaths of the two Reuters staff were “collateral damage” in an attack on Iraqi insurgents. The radio chatter associated with the AH-64 Apache video indicated the helicopter crews had mistakenly identified the journalists’ equipment as weaponry.

The US government also claims Manning is linked to CableGate; the passing of around a quarter of a million classified diplomatic cables to WikiLeaks. Manning has been in detention since July last year; in December allegations of torture were made to the United Nations High Commissioner for Human Rights regarding the conditions under which he was and is being detained.

Reports last month that he must now sleep naked and attend role call at the U.S. Marine facility in Quantico in the same state, raised further concern over his detention conditions. Philip J. Crowley, at-the-time a State Department spokesman, remarked on this whilst speaking at Massachusetts Institute of Technology; describing the current treatment of Manning as “ridiculous and counterproductive and stupid”, Crowley was, as a consequence, put in the position of having to tender his resignation to Secretary of State Hillary Clinton.

Despite his native Australia finding, in December last year, that Assange’s WikiLeaks had not committed any criminal offences in their jurisdiction, the U.S. government has continued to make ongoing operations very difficult for the whistleblower website.

The result of the Australian Federal Police investigation left the country’s Prime Minister, Julia Gillard, having to retract a statement that WikiLeaks had acted “illegally”; instead, she characterised the site’s actions as “grossly irresponsible”.

Even with Australia finding no illegal activity on the part of WikiLeaks, and with founder Julian Assange facing extradition to Sweden, U.S. pressure sought to hobble WikiLeaks financially.

Based on a State Department letter, online payments site PayPal suspended WikiLeaks account in December. Their action was swiftly followed by Visa Europe and Mastercard ceasing to handle payments for WikiLeaks.

The online processing company, Datacell, threatened the two credit card giants with legal action over this. However, avenues of funding for the site were further curtailed when both Amazon.com and Swiss bank PostFinance joined the financial boycott of WikiLeaks.

Assange continues, to this day, to argue that his extradition to Sweden for questioning on alleged sexual offences is being orchestrated by the U.S. in an effort to discredit him, and thus WikiLeaks.

Wikinews consulted an IT and cryptography expert from the Belgian university which developed the current Advanced Encryption Standard; explaining modern communications, he stated: “Cryptography has developed to such a level that intercepting communications is no longer cost effective. That is, if any user uses the correct default settings, and makes sure that he/she is really connecting to Twitter it is highly unlikely that even the NSA can break the cryptography for a protocol such as SSL/TLS (used for https).”

Qualifying this, he commented that “the vulnerable parts of the communication are the end points.” To make his point, he cited the following quote from Gene Spafford: “Using encryption on the Internet is the equivalent of arranging an armored car to deliver credit card information from someone living in a cardboard box to someone living on a park bench.“

Continuing, the Katholieke Universiteit Leuven (KUL) expert explained:

“In the first place, the weak point is Twitter itself; the US government can go and ask for the data; companies such as Twitter and Google will typically store quite some information on their users, including IP addresses (it is known that Google deletes the last byte of the IP address after a few weeks, but it is not too hard for a motivated opponent to find out what this byte was).“
“In the second place, this is the computer of the user: by exploiting system weaknesses (with viruses, Trojan horses or backdoors in the operating system) a highly motivated opponent can enter your machine and record your keystrokes plus everything that is happening (e.g. the FBI is known to do this with the so-called Magic Lantern software). Such software is also commercially available, e.g. for a company to monitor its employees.“
“It would also be possible for a higly motivated opponent to play “man-in-the-middle”; that means that instead of having a secure connection to Twitter.com, you have a secure connection to the attacker’s server, who impersonates Twitter’s and then relays your information to Twitter. This requires tricks such as spoofing DNS (this is getting harder with DNSsec), or misleading the user (e.g. the user clicks on a link and connects to tw!tter.com or Twitter.c0m, which look very similar in a URL window as Twitter.com). It is clear that the US government is capable of using these kind of tricks; e.g., a company has been linked to the US government that was recognized as legitimate signer in the major browsers, so it would not be too large for them to sign a legitimate certificate for such a spoofing webserver; this means that the probability that a user would detect a problem would be very low.“
“As for traffic analysis (finding out who you are talking to rather than finding out what you are telling to whom), NSA and GCHQ are known to have access to lots of traffic (part of this is obtained via the UK-USA agreement). Even if one uses strong encryption, it is feasible for them to log the IP addresses and email addresses of all the parties you are connecting to. If necessary, they can even make routers re-route your traffic to their servers. In addition, the European Data Retention directive forces all operators to store such traffic data.“
“Whether other companies would have complied with such requests: this is very hard to tell. I believe however that it is very plausible that companies such as Google, Skype or Facebook would comply with such requests if they came from a government.“
“In summary: unless you go through great lengths to log through to several computers in multiple countries, you work in a clean virtual machine, you use private browser settings (don’t accept cookies, no plugins for Firefox, etc.) and use tools such as Tor, it is rather easy for any service provider to identify you.“
“Finally: I prefer not to be quoted on any sentences in which I make statements on the capabilities or actions of any particular government.“

Wikinews also consulted French IT security researcher Stevens Le Blond on the issues surrounding the case, and the state-of-the-art in monitoring, and analysing, communications online. Le Blond, currently presenting a research paper on attacks on Tor to USENIX audiences in North America, responded via email:

Were the US Government to obtain the sought data, it would seem reasonable the NSA would handle further investigation. How would you expect them to exploit the data and expand on what they receive from Twitter?

  • Le Blond: My understanding is that the DOJ is requesting the following information: 1) Connection records and session times 2) IP addresses 3) e-mail addresses 4) banking info
By requesting 1) and 2) for Birgitta and other people involved with WikiLeaks (WL) since 2009, one could derive 2 main [pieces of] information.
First, he could tell the mobility of these people. Recent research in networking shows that you can map an IP address into a geographic location with a median error of 600 meters. So by looking at changes of IP addresses in time for a Twitter user, one could tell (or at least speculate about) where that person has been.
Second, by correlating locations of different people involved with WL in time, one could possibly derive their interactions and maybe even their level of involvement with WL. Whether it is possible to derive this information from 1) and 2) depends on how this people use Twitter. For example, do they log on Twitter often enough, long enough, and from enough places?
My research indicates that this is the case for other Internet services but I cannot tell whether it is the case for Twitter.
Note that even though IP logging, as done by Twitter, is similar to the logging done by GSM [mobile phone] operators, the major difference seems to be that Twitter is subject to US regulation, no matter the citizenship of its users. I find this rather disturbing.
Using 3), one could search for Birgitta on other Internet services, such as social networks, to find more information on her (e.g., hidden accounts). Recent research on privacy shows that people tend to use the same e-mail address to register an account on different social networks (even when they don’t want these accounts to be linked together). Obviously, one could then issue subpoenas for these accounts as well.
I do not have the expertise to comment on what could be done with 4).
((WN)) As I believe Jonsdottir to be involved in the Icelandic Modern Media Initiative (IMMI), what are the wider implications beyond the “WikiLeaks witchhunt”?
  • Le Blond: Personal data can be used to discredit, especially if the data is not public.

Having been alerted to the ongoing case through a joint press release by the ACLU and EFF, Wikinews sought clarification on the primary issues which the two non-profits saw as particularly important in challenging the U.S. Government over the ‘secret’ court orders. Rebecca Jeschke, Media Relations Director for the EFF, explained in more detail the points crucial to them, responding to a few questions from Wikinews on the case:

((WN)) As a worse-case, what precedents would be considered if this went to the Supreme Court?
  • Rebecca Jeschke: It’s extremely hard to know at this stage if this would go to the Supreme Court, and if it did, what would be at issue. However, some of the interesting questions about this case center on the rights of people around the world when they use US Internet services. This case questions the limits of US law enforcement, which may turn out to be very different from the limits in other countries.
((WN)) Since this is clearly a politicised attack on free speech with most chilling potential repercussions for the press, whistleblowers, and by-and-large anyone the relevant U.S. Government departments objects to the actions of, what action do you believe should be taken to protect free speech rights?
  • Jeschke: We believe that, except in very rare circumstances, the government should not be permitted to obtain information about individuals’ private Internet communications in secret. We also believe that Internet companies should, whenever possible, take steps to ensure their customers are notified about requests for information and have the opportunity to respond.
((WN)) Twitter via the web, in my experience, tends to use https:// connections. Are you aware of any possibility of the government cracking such connections? (I’m not up to date on the crypto arms race).
  • Jeschke: You don’t need to crack https, per se, to compromise its security. See this piece about fraudulent https certificates:
Iranian hackers obtain fraudulent https — EFF website.
((WN)) And, do you believe that far, far more websites should – by default – employ https:// connections to protect people’s privacy?
  • Jeschke: We absolutely think that more websites should employ https! Here is a guide for site operators: (See external links, Ed.)

Finally, Wikinews approached the Icelandic politician, and WikiLeaks supporter, who has made this specific case a landmark in how the U.S. Government handles dealings with – supposedly – friendly governments and their elected representatives. A number of questions were posed, seeking the Icelandic Parliamentarian’s views:

((WN)) How did you feel when you were notified the US Government wanted your Twitter account, and message, details? Were you shocked?
  • Birgitta Jonsdottir: I felt angry but not shocked. I was expecting something like this to happen because of my involvement with WikiLeaks. My first reaction was to tweet about it.
((WN)) What do you believe is their reasoning in selecting you as a ‘target’?
  • Jonsdottir: It is quite clear to me that USA authorities are after Julian Assange and will use any means possible to get even with him. I think I am simply a pawn in a much larger context. I did of course both act as a spokesperson for WikiLeaks in relation to the Apache video and briefly for WikiLeaks, and I put my name to the video as a co-producer. I have not participated in any illegal activity and thus being a target doesn’t make me lose any sleep.
((WN)) Are you concerned that, as a Member of Parliament involved in the Icelandic Modern Media Initiative (IMMI), the US attempt to obtain your Twitter data is interfering with planned Icelandic government policy?
  • Jonsdottir: No
((WN)) In an earlier New York Times (NYT) article, you’re indicating there is nothing they can obtain about you that bothers you; but, how do you react to them wanting to know everyone you talk to?
  • Jonsdottir: It bothers me and according to top computer scientists the government should be required to obtain a search warrant to get our IP addresses from Twitter. I am, though, happy I am among the people DOJ is casting their nets around because of my parliamentary immunity; I have a greater protection then many other users and can use that immunity to raise the issue of lack of rights for those that use social media.
HAVE YOUR SAY
Do you believe the U.S. government should have the right to access data on foreign nationals using services such as Twitter?
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((WN)) The same NYT article describes you as a WikiLeaks supporter; is this still the case? What attracts you to their ‘radical transparency’?
  • Jonsdottir: I support the concept of WikiLeaks. While we don’t have a culture of protection for sources and whistleblowers we need sites like WikiLeaks. Plus, I think it is important to give WikiLeaks credit for raising awareness about in how bad shape freedom of information and expression is in our world and it is eroding at an alarming rate because of the fact that legal firms for corporations and corrupt politicians have understood the borderless nature of the legalities of the information flow online – we who feel it is important that people have access to information that should remain in the public domain need to step up our fight for those rights. WikiLeaks has played an important role in that context.I don’t support radical transparency – I understand that some things need to remain secret. It is the process of making things secret that needs to be both more transparent and in better consensus with nations.
((WN)) How do you think the Icelandic government would have reacted if it were tens of thousands of their diplomatic communications being leaked?
  • Jonsdottir: I am not sure – A lot of our dirty laundry has been aired via the USA cables – our diplomatic communications with USA were leaked in those cables, so far they have not stirred much debate nor shock. It is unlikely for tens of thousands of cables to leak from Iceland since we dont have the same influence or size as the USA, nor do we have a military.
((WN)) Your ambassador in the US has spoken to the Obama administration. Can you discuss any feedback from that? Do you have your party’s, and government’s, backing in challenging the ordered Twitter data release?
  • Jonsdottir: I have not had any feedback from that meeting, I did however receive a message from the DOJ via the USA ambassador in Iceland. The message stated three things: 1. I am free to travel to the USA. 2. If I would do so, I would not be a subject of involuntary interrogation. 3. I am not under criminal investigation. If this is indeed the reality I wonder why they are insisting on getting my personal details from Twitter. I want to stress that I understand the reasoning of trying to get to Assange through me, but I find it unacceptable since there is no foundation for criminal investigation against him. If WikiLeaks goes down, all the other media partners should go down at the same time. They all served similar roles. The way I see it is that WikiLeaks acted as the senior editor of material leaked to them. They could not by any means be considered a source. The source is the person that leaks the material to WikiLeaks. I am not sure if the media in our world understands how much is at stake for already shaky industry if WikiLeaks will carry on carrying the brunt of the attacks. I think it would be powerful if all the medias that have had access to WikiLeaks material would band together for their defence.
((WN)) Wikinews consulted a Belgian IT security expert who said it was most likely companies such as Facebook, Microsoft, and Google, would have complied with similar court orders *without advising the ‘targets*’. Does that disturb you?
  • Jonsdottir: This does disturb me for various reasons. The most obvious is that my emails are hosted at google/gmail and my search profile. I dont have anything to hide but it is important to note that many of the people that interact with me as a MP via both facebook and my various email accounts don’t always realize that there is no protection for them if they do so via those channels. I often get sensitive personal letters sent to me at facebook and gmail. In general most people are not aware of how little rights they have as users of social media. It is those of uttermost importance that those sites will create the legal disclaimers and agreements that state the most obvious rights we lose when we sign up to their services.
 This exclusive interview features first-hand journalism by a Wikinews reporter. See the collaboration page for more details.
((WN)) Has there been any backlash within Iceland against US-based internet services in light of this? Do you expect such, or any increase in anti-American sentiments?
  • Jonsdottir: No, none what so ever. I dont think there is much anti-American sentiments in Iceland and I dont think this case will increase it. However I think it is important for everyone who does not live in the USA and uses social services to note that according to the ruling in my case, they dont have any protection of the 1st and 4th amendment, that only apply to USA citizens. Perhaps the legalities in relation to the borderless reality we live in online need to be upgraded in order for people to feel safe with using social media if it is hosted in the USA. Market tends to bend to simple rules.
((WN)) Does this make you more, or less, determined to see the IMMI succeed?
  • Jonsdottir: More. People have to realize that if we dont have freedom of information online we won’t have it offline. We have to wake up to the fact that our rights to access information that should be in the public domain is eroding while at the same time our rights as citizens online have now been undermined and we are only seen as consumers with consumers rights and in some cases our rights are less than of a product. This development needs to change and change fast before it is too late.

The U.S. Government continues to have issues internationally as a result of material passed to WikiLeaks, and subsequently published.

Within the past week, Ecuador has effectively declared the U.S. ambassador Heather Hodges persona-non-grata over corruption allegations brought to light in leaked cables. Asking the veteran diplomat to leave “as soon as possible”, the country may become the third in South America with no ambassadorial presence. Both Venezuela and Bolivia have no resident U.S. ambassador due to the two left-wing administrations believing the ejected diplomats were working with the opposition.

The U.S. State Department has cautioned Ecuador that a failure to speedily normalise diplomatic relations may jeapordise ongoing trade talks.

The United Kingdom is expected to press the Obama administration over the continuing detention of 23-year-old Manning, who also holds UK citizenship. British lawmakers are to discuss his ongoing detention conditions before again approaching the U.S. with their concerns that his solitary confinement, and treatment therein, is not acceptable.

The 22 charges brought against Manning are currently on hold whilst his fitness to stand trial is assessed.