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Officials: General Fired Over Alcohol, Sex Charges
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  Archived Version
  Source: Stuff Ain't Right » Uncategorized
  Sat, 06 Apr 2013 20:12
  WASHINGTON '-- An Army major general with U.S. Africa Command has been relieved of his post in connection with alcohol and sexual misconduct charges, defense officials said Thursday.
  Officials said Maj. Gen. Ralph Baker, commander of the Combined Joint Task Force-Horn of Africa, was fired from his command last Thursday and he was fined a portion of his pay by Gen. Carter Ham, head of U.S. Africa Command, after an administrative hearing and review. The officials said Ham lost confidence in Baker's ability to command.
  Baker has appealed the administrative action to Defense Secretary Chuck Hagel. But since senior commanders such as Ham have broad latitude in decisions to relieve subordinates of command, Hagel's decision may focus more on the financial punishment doled out by Ham, officials said.
  Details of how much his pay was docked were not released.
  The allegations against Baker involve harassment and inappropriate contact, said the officials, who were not authorized to talk publicly about the case so spoke on condition of anonymity.
  Baker took over the task force, based at Camp Lemonnier in Djibouti, last May and was scheduled to leave the job in the near future.He has returned to Washington and is temporarily serving as a special assistant to the director of the Army staff while he awaits Hagel's decision. Such special assistant posts are routinely used as way stations for general officers who are under investigation and awaiting their fate, or for others who have been promoted and are waiting for their new job to open up.
  Ham is retiring and is scheduled to turn over his command to Army Gen. David Rodriguez in a ceremony Friday.
  Ham's predecessor, Army Gen. William ''Kip'' Ward, was demoted in rank from four stars to three, and retired as a lieutenant general after investigators determined that he had misused government funds for lavish spending while heading U.S. Africa Command.
  Baker is also one in a string of general officers who have been reprimanded or investigated for possible sexual misconduct.
  The issue has raised the ire of Congress, where lawmakers have complained that military and defense leaders have not done enough to combat sexual assault and harassment in the ranks.
  In particular, a recent decision by Air Force Lt. Gen. Craig Franklin to reverse the sexual assault conviction against Lt. Col. James Wilkerson, a former inspector general at Aviano Air Base in Italy, infuriated senators. And it triggered calls for a harder look at the military's justice system.
  Hagel has ordered a review of Franklin's decision, but he has told members of Congress that neither he nor the Air Force secretary is empowered to overrule Franklin, who is the commander of the 3rd Air Force at Ramstein Air Base in Germany.
  Officials: General Fired Over Alcohol, Sex Charges.
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Full Text of S. 660: Innovation Through Trade Act of 2013 - GovTrack.us
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  Archived Version
  Sat, 06 Apr 2013 20:01
  S 660 IS
  To amend the Trade Act of 1974 to establish the position of Chief Innovation and Intellectual Property Negotiator in the Office of the United States Trade Representative to ensure the protection of United States innovation and intellectual property interests, and for other purposes.
  IN THE SENATE OF THE UNITED STATES
  March 22, 2013
  Mr. HATCH introduced the following bill; which was read twice and referred to the Committee on Finance
  To amend the Trade Act of 1974 to establish the position of Chief Innovation and Intellectual Property Negotiator in the Office of the United States Trade Representative to ensure the protection of United States innovation and intellectual property interests, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
  SECTION 1. SHORT TITLE.This Act may be cited as the 'Innovation Through Trade Act of 2013'.
  SEC. 2. ESTABLISHMENT OF CHIEF INNOVATION AND INTELLECTUAL PROPERTY NEGOTIATOR.(a) In General- Section 141 of the Trade Act of 1974 (19 U.S.C. 2171) is amended--
  (1) in subsection (b), by striking paragraph (2) and inserting the following:
  '(2) There shall be in the Office three Deputy United States Trade Representatives, one Chief Agricultural Negotiator, and one Chief Innovation and Intellectual Property Negotiator, who shall be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of a Deputy United States Trade Representative, the Chief Agricultural Negotiator, or the Chief Innovation and Intellectual Property Negotiator submitted to the Senate for its advice and consent, and referred to a committee, shall be referred to the Committee on Finance. Each Deputy United States Trade Representative, the Chief Agricultural Negotiator, and the Chief Innovation and Intellectual Property Negotiator shall hold office at the pleasure of the President and shall have the rank of Ambassador.'; and
  (2) in subsection (c)--
  (A) by moving paragraph (5) two ems to the left; and
  (B) by adding at the end the following:
  '(6) The principal functions of the Chief Innovation and Intellectual Property Negotiator shall be to conduct trade negotiations and to enforce trade agreements relating to United States intellectual property and to take appropriate actions to address acts, policies, and practices of foreign governments that have a significant adverse impact on the value of United States innovation. The Chief Innovation and Intellectual Property Negotiator shall be a vigorous advocate on behalf of United States innovation and intellectual property interests. The Chief Innovation and Intellectual Property Negotiator shall perform such other functions as the United States Trade Representative may direct.'.
  (b) Compensation- Section 5314 of title 5, United States Code, is amended by striking 'Chief Agricultural Negotiator.' and inserting the following:
  'Chief Agricultural Negotiator, Office of the United States Trade Representative.
  'Chief Innovation and Intellectual Property Negotiator, Office of the United States Trade Representative.'.
  (c) Report Required- Not later than 180 days after the appointment of the first Chief Innovation and Intellectual Property Negotiator pursuant to paragraph (2) of section 141(b) of the Trade Act of 1974, as amended by subsection (a), and every 180 days thereafter, the United States Trade Representative shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report describing in detail--
  (1) enforcement actions taken by the Trade Representative during the 180 days preceding the submission of the report to ensure the protection of United States innovation and intellectual property interests; and
  (2) other actions taken by the Trade Representative to advance United States innovation and intellectual property interests.
New US Bill Would Create a Hollywood Ambassador to the World
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  Archived Version
  Sat, 06 Apr 2013 20:00
  A recently announced bill in the US would create a ''Chief Innovation and Intellectual Property Negotiator'', but critics charge that this is merely a Hollywood ambassador to the world.You can be forgiven if you had to re-check the URL to make sure you weren't reading an article from The Onion when you saw this headline. The US Senate Senate Committee on Finance has published a press release detailing a bill introduced by Senate Finance Committee Ranking Member Orrin Hatch (R-Utah). The position would be created thanks to the introduced legislation Innovation Through Trade Act, S. 660. From the press release:
  Specifically, the Chief Innovation and Intellectual Property Negotiator would:
  - Reflect the importance of intellectual property to the U.S. economy, vigorously representing the interests of U.S. workers, manufacturers, service providers, innovators and content creators;- Conduct trade negotiations and enforce trade agreements relating to United States intellectual property and take appropriate actions to address acts, policies, and practices of foreign governments that have a significant adverse impact on the value of United States innovation; and- Provide input into a new statutory report to the Senate Finance Committee and the House Ways and Means Committee on actions undertaken by the United States Trade Representative to advance U.S. innovation and intellectual property rights interest and enforcement actions taken to protect those interests.
  You can read the bill itself on GovTrack which has a link to the full text of the bill as well as the bills current progress.
  Here's a sample of the bill itself:
  '(2) There shall be in the Office three Deputy United States Trade Representatives, one Chief Agricultural Negotiator, and one Chief Innovation and Intellectual Property Negotiator, who shall be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of a Deputy United States Trade Representative, the Chief Agricultural Negotiator, or the Chief Innovation and Intellectual Property Negotiator submitted to the Senate for its advice and consent, and referred to a committee, shall be referred to the Committee on Finance. Each Deputy United States Trade Representative, the Chief Agricultural Negotiator, and the Chief Innovation and Intellectual Property Negotiator shall hold office at the pleasure of the President and shall have the rank of Ambassador.'
  The principal functions of the Chief Innovation and Intellectual Property Negotiator shall be to conduct trade negotiations and to enforce trade agreements relating to United States intellectual property and to take appropriate actions to address acts, policies, and practices of foreign governments that have a significant adverse impact on the value of United States innovation. The Chief Innovation and Intellectual Property Negotiator shall be a vigorous advocate on behalf of United States innovation and intellectual property interests. The Chief Innovation and Intellectual Property Negotiator shall perform such other functions as the United States Trade Representative may direct.'.
  Critics have blasted the proposal by saying that it would make bad trade policy worse. The EFF (Electronic Frontier Foundation) issued a response to this proposal:
  Copyright laws that represent the one-sided concerns of Hollywood at the expense of the broader public interest do not belong in trade agreements. Period.
  Yet just days after dozens of public interest groups around the world issued called on the Office of the United States Trade Representative (USTR) to keep copyright and patent regulations out of a new international trade agreement, a Senator with longstanding ties to the entertainment industry introduced a misguided bill that would create a new position for a ''Chief Innovation and Intellectual Property Negotiator'' '-- in other words, an Ambassador from Hollywood, paid for by the general public.
  This proposal stands in stark opposition to our public petition for the U.S. Trade Rep to stop backroom negotiations in international trade agreements.
  Given the utter lack of transparency and absence of public input in almost all other trade agreements, we have no reason to believe that this new position would improve the broken balance in copyright or patent law. Rather, it is an effort to entrench ''intellectual property'' as a policy matter that should be decided in secret trade meetings that have so far been shrewd in deflecting all democratic oversight.
  Already, major rightsholders from the US have a large amount of representation in the US government itself. They already have USTR to parrot the rightsholders demands to the world through the now widely discredited Special 301 report. In addition, they are also represented Chamber of Commerce. On top of it all, there is an additional Copyright Czar to further represent the interests of major rightsholders. It seems as though this isn't enough and rightsholders are wanting more representation in government to further their interests.
  Have a tip? Want to contact the author? You can do so by sending a PM via the forums or via e-mail at [email protected].
  Drew WilsonDrew Wilson is perhaps one of the more well-known file-sharing and technology news writers around. A journalist in the field since 2005, his work has had semi-regular appearances on social news websites and even occasional appearances on major news outlets as well. Drew founded freezenet.ca and still contributes to ZeroPaid. Twitter | Google PlusA recently announced bill in the US would create a ''Chief Innovation and Intellectual Property Negotiator'', but critics charge that this is merely a Hollywood ambassador to the world.You can be forgiven if you had to re-check the URL to make sure you weren't reading an article from The Onion when you saw this headline. The US Senate Senate Committee on Finance has published a press release detailing a bill introduced by Senate Finance Committee Ranking Member Orrin Hatch (R-Utah). The position would be created thanks to the introduced legislation Innovation Through Trade Act, S. 660. From the press release:
  Specifically, the Chief Innovation and Intellectual Property Negotiator would:
  - Reflect the importance of intellectual property to the U.S. economy, vigorously representing the interests of U.S. workers, manufacturers, service providers, innovators and content creators;- Conduct trade negotiations and enforce trade agreements relating to United States intellectual property and take appropriate actions to address acts, policies, and practices of foreign governments that have a significant adverse impact on the value of United States innovation; and- Provide input into a new statutory report to the Senate Finance Committee and the House Ways and Means Committee on actions undertaken by the United States Trade Representative to advance U.S. innovation and intellectual property rights interest and enforcement actions taken to protect those interests.
  You can read the bill itself on GovTrack which has a link to the full text of the bill as well as the bills current progress.
  Here's a sample of the bill itself:
  '(2) There shall be in the Office three Deputy United States Trade Representatives, one Chief Agricultural Negotiator, and one Chief Innovation and Intellectual Property Negotiator, who shall be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of a Deputy United States Trade Representative, the Chief Agricultural Negotiator, or the Chief Innovation and Intellectual Property Negotiator submitted to the Senate for its advice and consent, and referred to a committee, shall be referred to the Committee on Finance. Each Deputy United States Trade Representative, the Chief Agricultural Negotiator, and the Chief Innovation and Intellectual Property Negotiator shall hold office at the pleasure of the President and shall have the rank of Ambassador.'
  The principal functions of the Chief Innovation and Intellectual Property Negotiator shall be to conduct trade negotiations and to enforce trade agreements relating to United States intellectual property and to take appropriate actions to address acts, policies, and practices of foreign governments that have a significant adverse impact on the value of United States innovation. The Chief Innovation and Intellectual Property Negotiator shall be a vigorous advocate on behalf of United States innovation and intellectual property interests. The Chief Innovation and Intellectual Property Negotiator shall perform such other functions as the United States Trade Representative may direct.'.
  Critics have blasted the proposal by saying that it would make bad trade policy worse. The EFF (Electronic Frontier Foundation) issued a response to this proposal:
  Copyright laws that represent the one-sided concerns of Hollywood at the expense of the broader public interest do not belong in trade agreements. Period.
  Yet just days after dozens of public interest groups around the world issued called on the Office of the United States Trade Representative (USTR) to keep copyright and patent regulations out of a new international trade agreement, a Senator with longstanding ties to the entertainment industry introduced a misguided bill that would create a new position for a ''Chief Innovation and Intellectual Property Negotiator'' '-- in other words, an Ambassador from Hollywood, paid for by the general public.
  This proposal stands in stark opposition to our public petition for the U.S. Trade Rep to stop backroom negotiations in international trade agreements.
  Given the utter lack of transparency and absence of public input in almost all other trade agreements, we have no reason to believe that this new position would improve the broken balance in copyright or patent law. Rather, it is an effort to entrench ''intellectual property'' as a policy matter that should be decided in secret trade meetings that have so far been shrewd in deflecting all democratic oversight.
  Already, major rightsholders from the US have a large amount of representation in the US government itself. They already have USTR to parrot the rightsholders demands to the world through the now widely discredited Special 301 report. In addition, they are also represented Chamber of Commerce. On top of it all, there is an additional Copyright Czar to further represent the interests of major rightsholders. It seems as though this isn't enough and rightsholders are wanting more representation in government to further their interests.
  Have a tip? Want to contact the author? You can do so by sending a PM via the forums or via e-mail at [email protected].
Joe Walsh at Daryl's House
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  Archived Version
  Source: QRZ Forums
  Sat, 06 Apr 2013 19:19
  Join DateJun 2010Posts2,018Join DateJan 2000Posts59,740Too many guitars, not enough radios.
  A government which robs Peter to pay Paul can always depend on the support of Paul.-- George Bernard Shaw
  Join DateJan 2006LocationUniversity Place, WAPosts1,324Actually, he owns THOUSANDS. He keeps them in a heated warehouse in Studio City. He also hasover 100 in his LA home on Blairwood, which is 90% a ham shack - as in most of the house! Helives "full time" in San Diego, but when in the studio in LA he bases from the Blairwood house. Hisultimate plan for the radios is the Joe Walsh WB6ACU Amateur Radio Museum, open to the public someday.DaveW7UUU
  Quick NavigationRag Chew CentralTopSite AreasSettingsPrivate MessagesSubscriptionsWho's OnlineSearch ForumsForums HomeForumsQRZ NewsroomAmateur Radio NewsGeneral AnnouncementsContests, DXpeditions and Special EventsHamfest and Convention CalendarHamfest ReportsSilent Keys / Friends RememberedOnline SwapmeetHam Radio Gear For SaleHam Radio Gear Wanted / TradeHam Made GearGeneral MerchandiseHam to Ham ReferencesStolen Radios, Scams and Rip-OffsHam Radio DiscussionsDiscussions, Opinions & EditorialsRag Chew CentralThe DX ZoneYouth ForumSurvey CenterAmateur Radio Technical ForumsAntennas, Feedlines, Towers & RotorsMicrophones, Speakers & Audio Processing"Boat Anchor" & Classic EquipmentHomebrew and Kit ProjectsRadio Circuits, Repair & PerformanceAmateur Radio AmplifiersWorking Different ModesMobile Radio SystemsSatellite and Space CommunicationsEcholink/IRLP Tech BoardComputers, Hardware, and Operating SystemsAmateur Radio SoftwareHam Radio Deluxe - HRDLogbooks & Logging ProgramsRig Control, Propagation, Cluster, & Other SoftwareGeneral Technical Questions and AnswersAmateur Radio Equipment ReviewsQRZ Logging and ContestingLogbook Support ForumLogbook DiscussionQRZ Operating AwardsSuggestions and New Feature RequestsLogbook Test Program ReportsQRZ Report DataAmateur Radio ResourcesSKED - QSO SchedulingTop Band [160M] SKED BoardBecoming an Amateur Radio Operator/Upgrading PrivilegesAmateur Radio ClubsAmateur Radio License Test SchedulesQRZ TVQRZ.COM Community, Database Helpers, and InfoQRZ.COM Callsign Database HelpersCommunity Help CenterQRZ XML Logbook DataPreguntas y Respuestas sobre QRZ.COMPolicies, Guidelines and Terms of Use Posting PermissionsYou may not post new threadsYou may not post repliesYou may not post attachmentsYou may not edit your posts Forum Rules
Biden: ''Literally. I Mean This Literally. Not Figuratively, Literally'''...
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  Archived Version
  Source: Weasel Zippers
  Sat, 06 Apr 2013 19:15
  And Joe Biden is literally a dolt.
  Via ABC News' Rick Klein:
  Joe Biden said this today. I don't really care about the context. ''Literally. I mean this literally. Not figuratively, literally.''
  '-- Rick Klein (@rickklein) April 5, 2013
  Side note: Biden has a long history with the word, ''literally.''
  HT: Twitchy
War On Drugs: Father Of Three Gets 25 Years For Selling $1,800 Worth Of Painkillers In Entrapment Scheme
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  Archived Version
  Source: Conscious Life News
  Sat, 06 Apr 2013 19:12
  Posted by Alcyone_Featured_, War on DrugsSaturday, April 6th, 2013John Horner's three children
  Conor Friedersdorf, The Atlantic via Business Insider
  John Horner, a 46-year-old fast-food restaurant worker, lost his eye in a 2000 accident and was prescribed painkillers.
  Years later, he met and befriended a guy who seemed to be in pain himself.
  His new friend asked if he could buy some of Horner's pain pills. Naturally, the friend was a police informant.
  Prosecutors in Central Florida say Horner was ultimately paid $1,800 for pills. ''My public defender told me, 'They got you dead to rights,''' he said. ''So I thought, 'OK, I guess there's no need taking this to trial.'''
  His story is recounted in a BBC News Service story about the problematic use of informants by U.S. law-enforcement agencies.
  It's an important subject and the article tackles it well.
  But let's focus here on the anecdote about Horner, because it gets at the utter madness of the War on Drugs.
  For the sake of argument, let's presume he's guilty of selling $1,800 of pain pills prescribed to him for an injury. Forget that he was arguably entrapped. Just look at the crime in isolation.
  What sort of punishment should it carry?
  You've got a 46-year-old employed father, with no criminal record, caught selling four bottles of prescription pain pills. ''Under Florida law Horner now faced a minimum sentence of 25 years, if found guilty,'' the BBC reports.
  Twenty-five years minimum!
  It costs Florida roughly $19,000 to incarcerate an inmate for a year. So I ask you, dear reader, is keeping non-violent first-time drug offender John Horner locked behind bars in a jumpsuit really the best use of $475,000?
  For the same price, you could pay a year's tuition for 75 students at Florida State University. You could pay the salaries of seven West Palm Beach police officers for a year. Is it accurate to call a system that demands the 25-year prison term ''mad''?
  Read the full article
App verandert burgers in milieu-inspecteurs
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  Archived Version
  Sat, 06 Apr 2013 17:49
  App verandert burgers in milieu-inspecteursGeeft u uw buurmeisje aan als ze het gazon sproeit? In de VS stelt een app burgers in staat om elkaar aan te geven bij (milieu)overtredingen.
  Het antwoord is overigens 'ja'. In Texas hebben burgers elkaar vorig jaar aangegeven omdat ze het gazon sproeiden tegen een verordening in. In het stadje Plano werd de drinkwatervoorziening vorig jaar namelijk bedreigd door een plaag van zebramossels, waarop een gazon-sproeiverbod volgde. Aanvankelijk mocht dat nog (C)(C)n keer per week, al snel werd dat verminderd tot eens per twee weken.
  Maar: regels aanscherpen is een ding '' handhaven is nog wat anders. Er bleken te weinig agenten en milieu-inspecteurs in Plano om uit te vinden waar het gras t(C) groen was en om boetes uit te delen.
  App brengt uitkomstDaarom keek de gemeente naar de burgers. Met de app 'Fixit Plano' kunnen de inwoners nu gewoon een foto maken die direct naar de gemeente wordt verstuurd. Plaats, tijd en datum van de overtreding staan meteen in het systeem. En alle burgers kunnen meemaken wat de gemeente vervolgens onderneemt.
  ''Toen we de mensen in staat stelden om dit soort overtredingen te melden met de app '' schoot het gebruik van onze gemeentewebsite omhoog'', zegt Melissa Peachey, de IT-manager van Plano. ''De waarde van de app zit hem in het taggen en rapporteren aan de gemeente '' de burgers maken als het ware een elektronisch proces-verbaal.''
  Verkeerde vuilniszakkenHoewel de regels omtrent waterverbruik inmiddels zijn versoepeld, blijft de app een handig middel om overtredingen en allerlei andere zaken te rapporteren. In de afgelopen anderhalf jaar werden er in Plano bijna 3900 rapportages doorge-apped. Die gingen niet uitsluitend over drinkwatermisbruik. Dode vogels, gaten in het wegdek, kapotte lantaarnpalen en verkeerd neergezette vuilniszakken: met de app is de gemeente onmiddellijk op de hoogte.
  De ervaring in Plano wijst uit dat de meeste rapportages van burgers opgelost worden binnen 24 uur: maar het opruimen van een dode vogel gaat nog altijd iets sneller dan het repareren van het wegdek, volgens een woordvoerder van de gemeente. Ook helpt de app de gemeente om effectiever op te treden bij bijvoorbeeld het bestrijden van muggen die besmettelijke ziekten overbrengen.
  200 stedenInmiddels hebben zo'n 200 Amerikaanse steden deze of gelijksoortige software aangeschaft. De kosten voor de gemeente zijn laag: tussen de '‚¬750 en '‚¬ 16.000 '' afhankelijk van het aantal inwoners.
  De app zwengelt wel de discussie aan hoe dichtbij Big Brother mag komen. In Nederland tovert bijvoorbeeld Burgernet burgers om tot politieagent.
  Bron:Business GreenFoto: Plano at Google Images
  Categorie:Nieuws, Politiek| Tags:Beleid| Gelezen: 124 keer
  Door: Redactie DuurzaamBedrijfsleven.nlElke dag selecteert de redactie van DuurzaamBedrijfsleven.nl het belangrijkste duurzame nieuws voor het bedrijfsleven. We schrijven korte, puntige artikelen over de nieuwste mogelijkheden in duurzaam ondernemen.
  Gerelateerde artikelenDeel dit Artikel
Agreed Framework - Wikipedia, the free encyclopedia
  Link to Article
  Archived Version
  Sat, 06 Apr 2013 16:48
  The Agreed Framework between the United States of America and the Democratic People's Republic of Korea was signed on October 21, 1994 between North Korea (DPRK) and the United States. The objective of the agreement was the freezing and replacement of North Korea's indigenous nuclear power plant program with more nuclear proliferation resistant light water reactor power plants, and the step-by-step normalization of relations between the U.S. and the DPRK. Implementation of the agreement was troubled from the start, but its key elements were being implemented until it effectively broke down in 2003.
  [edit]The agreementThe main provisions of the agreement[1] were:
  DPRK's graphite-moderated 5MWe nuclear reactor, and the 50 MWe and 200 MWe reactors under construction, which could easily produce weapons grade plutonium, would be replaced with two 1000MW light water reactors (LWR) power plants by a target date of 2003.Oil for heating and electricity production would be provided while DPRK's reactors were shut down and construction halted, until completion of the first LWR power unit. The amount of oil was 500,000 tons of heavy fuel oil per year.The two sides would move toward full normalization of political and economic relations.The U.S. would provide formal assurances to the DPRK, against the threat or use of nuclear weapons by the U.S.The DPRK would take steps to implement the 1992 Joint Declaration on the Denuclearization of the Korean Peninsula.[2]The DPRK would remain a party to the Nuclear Non-Proliferation Treaty.IAEA ad hoc and routine inspections would resume for facilities not subject to the freeze.Existing spent nuclear fuel stocks would be stored and ultimately disposed of without reprocessing in the DPRK.Before delivery of key LWR nuclear components, the DPRK would come into full compliance with its safeguards agreement with the IAEA.There were also some confidential minutes supporting the agreement, which have not been made public.[3][4] These are reported to include that full-scope IAEA safeguards would be applied when the major non-nuclear components of the first LWR unit were completed but before the delivery of key nuclear components.[5]
  The pact was neither a treaty subject to Senate approval nor a legally binding executive agreement, but a non-binding political commitment between the two countries noted by the United Nations Security Council.[6] It was signed in the wake of North Korea's 90-day advance notification of its intended withdrawal from the Nuclear Non-Proliferation Treaty (which North Korea "suspended" after 89 days), a U.S. military buildup near the country, and U.S. plans to bomb the active Yongbyon nuclear reactor.[7]
  The U.S. regarded the Agreed Framework primarily a non-proliferation agreement, whereas North Korea placed greater value on measures normalizing relations with the U.S.[8]
  Terms of the pact and consequent agreements included the shutdown of the pilot Yongbyon nuclear reactor, abandoning the construction of two larger nuclear power plants, and the canning and sealing, under IAEA monitoring, of spent fuel that could have been reprocessed to create plutonium for a nuclear weapon. In exchange two light water reactors would be constructed in North Korea by 2003 at a cost of $4 billion, primarily supplied by South Korea.[9] In the interim, North Korea would be supplied with 500,000 tons of heavy fuel oil annually, at no cost, to make up for lost energy production. North Korea was required to come into full compliance with its IAEA safeguards agreement, allowing the IAEA to verify the correctness and completeness of its initial declaration, before key nuclear components of the reactor would be delivered. When the LWR plants were completed, North Korea would dismantle its other nuclear reactors and associated facilities.
  The Korean Peninsula Energy Development Organization (KEDO) is a consortium of the United States, South Korea, Japan, and various other states that is responsible for implementing the energy-related parts of the agreement. North Korea would repay KEDO over a 20-year interest-free period after the completion of each LWR plant.[10]
  It was reported that US PresidentBill Clinton's officials agreed to the plan only because they thought that the North Korean government would collapse before the nuclear power project was completed as North Korea's leader Kim Il-sung had recently died.[11] North Korean officials at the time also suspected the U.S. anticipated an early collapse of the DPRK.[12]
  [edit]Implementation of the agreementSoon after the agreement was signed, U.S. Congress control changed to the Republican Party, who did not support the agreement.[13][14] Some Republican Senators were strongly against the agreement, regarding it as appeasement.[15][16] Initially U.S. Department of Defense emergency funds not under Congress control were used to fund the transitional oil supplies under the agreement,[17] together with international funding. From 1996 Congress provided funding, though not always sufficient amounts.[8][18] Consequently some of the agreed transitional oil supplies were delivered late.[19] KEDO's first director, Stephen Bosworth, later commented "The Agreed Framework was a political orphan within two weeks after its signature".[20]
  Some analysts believe North Korea agreed to the freeze primarily because of the U.S. agreement to phase out economic sanctions that had been in place since the Korean War. But because of congressional opposition, the U.S. failed to deliver on this part of the agreement.[21]
  International funding for the LWR replacement power plants had to be sought. Formal invitations to bid were not issued until 1998, by which time the delays were infuriating North Korea.[20] In May 1998 North Korea warned it would restart nuclear research if the U.S. could not install the LWR.[22][23] Formal ground breaking on the site was on August 21, 1997,[24] but significant spending on the LWR project did not commence until 2000.[25]
  There was increasing disagreement between North Korea and U.S. on the scope and implementation of the treaty. When by 1999 economic sanctions had not been lifted and full diplomatic relations between U.S. and North Korea had not been established, North Korea warned that they would resume nuclear research unless the U.S. kept up its end of the bargain. The U.S. repeatedly stated that further implementation would be stalled as long as suspicions remained that the North Korean nuclear weapons research program continued covertly.
  Construction of the first LWR reactor began in August 2002.[26] Construction of both reactors was well behind schedule. The initial plan was for both reactors to be operational by 2003, but the construction had been halted indefinitely in late 2002.
  [edit]Final break down of the agreementIn October 2002, a U.S. delegation led by Assistant Secretary of StateJames A. Kelly visited North Korea to confront the North Koreans with the U.S. assessment that they had a uranium enrichment program.[27] Both parties' reports of the meeting differ. The U.S. delegation believed the North Koreans had admitted the existence of a highly enriched uranium program.[28] The North Koreans stated Kelly made his assertions in an arrogant manner, but failed to produce any evidence such as satellite photos, and they responded denying North Korea planned to produce nuclear weapons using enriched uranium. They went on to state that as an independent sovereign state North Korea was entitled to possess nuclear weapons for defense, although they did not possess such a weapon at that point in time.[3][29][30] Relations between the two countries, which had seemed hopeful two years earlier, quickly deteriorated into open hostility.[8]
  The HEU intelligence that James Kelly's accusation is based on is still controversial: According to the CIA fact sheet to Congress on November 19, 2002, there was "clear evidence indicating the North has begun constructing a centrifuge facility" and this plant could produce annually enough HEU for two or more nuclear weapons per year when it is finished. However, some experts assessed that the equipment North Korea imported was insufficient evidence of a production-scale enrichment program.[31]
  KEDO members considered in November 2002 whether to halt the fuel oil shipments in response to the previous month's developments. U.S. Assistant Secretary of State James A. Kelly warned Japanese officials that the U.S. Congress would not fund such shipments in the face of continued violations. The shipments were halted in December.[32]
  On January 10, 2003, North Korea again announced its withdrawal from the Nuclear Non-Proliferation Treaty.[33] On February 10, 2005, North Korea finally declared that it had manufactured nuclear weapons as a "nuclear deterrent for self-defence".[34] On October 9, 2006, North Korea conducted a nuclear test. US intelligence agencies believe that North Korea has manufactured a handful of simple nuclear weapons.
  In December 2003, KEDO suspended work on the pressurized water reactor project. Subsequently KEDO shifted the focus of its efforts to ensuring that the LWR project assets at the construction site in North Korea and at manufacturers' facilities around the world ($1.5 billion invested to date) are preserved and maintained.[35]
  Each side blamed the other for ending the Agreed Framework. The United States pointed out that a North Korean uranium enrichment facility would violate the 1992 Joint Declaration on the Denuclearization of the Korean Peninsula,[36] which states "The South and the North shall not possess nuclear reprocessing and uranium enrichment facilities." North Korea accused the United States of a "hostile policy" including deliberately delaying fuel supplies and progress on the KEDO project that "effectively nullified" the agreement, listing North Korea as part of the "Axis of evil" and a target of the U.S. preemptive nuclear strikes.[37][38][39]
  Although the agreement had largely broken down, North Korea did not restart work on the two production size nuclear power plants that were frozen under the agreement. These plants could potentially have produced enough weapons-grade plutonium to produce several nuclear weapons per year. The Agreed Framework was successful in freezing North Korean plutonium production in Yongbyon plutonium complex for eight years From 1994 to December 2002.[40]
  Discussions are taking place through the Six-party talks about a replacement agreement, reaching a preliminary accord on September 19, 2005. The accord makes no mention of the U.S. contention that North Korea has a secret, underground enriched uranium program. However the new accord would require North Korea to dismantle all nuclear facilities, not just specific plants as in the Agreed Framework.[41] This has been followed up by the February 13, 2007 agreement which has largely adopted this September 19 statement. Its implementation has been successful so far, with only a slight delay being recorded due to an issue of funds being unfrozen by the US actually reaching North Korea.
  On May 31, 2006, KEDO decided to terminate the LWR construction project.[42]
  [edit]See also[edit]References^"Agreed Framework of 21 October 1994 between the United States of Amercia and the Democratic People's Republic of Korea". IAEA. 2 November 1994. INFCIRC/457. Retrieved 11 February 2013. ^NPP^ ab"Conclusion of non-aggression treaty between DPRK and U.S. called for". KCNA. October 25, 2002. Retrieved 2009-03-15. ^William J. Clinton (March 4, 1999), Presidential Determination No. 99-16, The White House, archived from the original on 2007-09-27, retrieved 2007-09-27 ^International Institute for Strategic Studies (10 February 2004), North Korea's Weapons Programmes: A Net Assesment, Palgrave Macmillan, ISBN 978-1-4039-3324-9, archived from the original on 11 March 2009, retrieved 2009-03-05 ^Statement by the President of the Security Council, United Nations Security Council, 4 November 1994, S/PRST/1994/64, retrieved 2009-05-27 ^"frontline: kim's nuclear gamble: interviews: ashton carter". PBS. 2003-03-03. Retrieved 2009-06-09. ^ abcSiegfried S. Hecker, Sean C. Lee, Chaim Braun (Summer 2010). "North Korea's Choice: Bombs Over Electricity". The Bridge (National Academy of Engineering) 40 (2): 5''12. Retrieved 5 March 2011. ^http://thomas.loc.gov/cgi-bin/query/z?c104:H.J.RES.83.EH:^Agreement on Supply of a Light-Water Reactor Project to the Democratic People's Republic of Korea, KEDO, 1995^Kessler, Glenn (2005-07-13). "South Korea Offers To Supply Energy if North Gives Up Arms". Washingtonpost.com. Retrieved 2009-06-09. ^Kim Ji Yong (2003-01-27). "DPRK Will Re-Operate Nuclear Facilities Within A Few Weeks to Produce Electricity". The People's Korea. Retrieved 2009-06-09. ^Leon V Sigal (February 2007), North Korea: Negotiations Work, MIT Center for International Studies, retrieved 2009-03-05 ^Joint resolution relating to the United States-North Korea Agreed Framework and the obligations of North Korea under that and previous agreements with respect to the denuclearization of the Korean Peninsula and dialog with the Republic of Korea, House of Representatives, 104th Congress, 1st Session, H.J. Res. 83, September 18, 1995^"frontline: kim's nuclear gamble: interviews: robert gallucci". PBS. Archived from the original on 28 May 2009. Retrieved 2009-06-09. ^"frontline: kim's nuclear gamble: interviews: perle". PBS. 2003-03-27. Retrieved 2009-06-09. ^"frontline: kim's nuclear gamble: interviews: william perry". PBS. 2003-02-26. Archived from the original on 28 May 2009. Retrieved 2009-06-09. ^Larry A. Niksch (March 17, 2003). >>North Korea's Nuclear Weapons Program>> (Report). Congressional Research Service. IB91141. Archived from the original on 4 September 2009. http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB87/nk24.pdf. Retrieved 2009-09-24.^http://www.globalsecurity.org/wmd/library/report/gao/rc00020t.pdf#page=5^ abBehar, Richard (2003-05-12). "Rummy's North Korea Connection What did Donald Rumsfeld know about ABB's deal to build nuclear reactors there? And why won't he talk about it? - May 12, 2003". Money.cnn.com. Retrieved 2009-06-09. ^Selig S. Harrison (March/April 2001), Time To Leave Korea?, Foreign Affairs, archived from the original on 3 May 2009, retrieved 2009-06-09 ^"LWR Provision is U.S. Obligation: DPRK FM Spokesman". KCNA. 1998-03-06. Retrieved 2010-11-13. ^"Stalemated LWR Project to Prompt Pyongyang to Restart N-Program". The People's Korea. 1998-05-13. Retrieved 2009-06-09. ^"KEDO Breaks Ground on US Led Nuclear Project That will Undermine Client Status of S Korea". The People's Korea. 21 August 1997. Retrieved 2009-06-09. ^"Korean Peninsula Energy Development Organization Annual Report 2004" (PDF). Korean Peninsula Energy Development Organization. December 31, 2004. Retrieved 2010-04-14. ^Tim Carter. "Promoting Peace and Stability on the Korean Peninsula and Beyond". KEDO. Retrieved 2009-06-09. ^James A. Kelly (July 15, 2004). "Dealing With North Korea's Nuclear Programs". U.S. Department of State. Archived from the original on 2004-08-03. ^"frontline: kim's nuclear gamble: nuclear capability: could north korea have a bomb?". PBS. Archived from the original on 6 June 2009. Retrieved 2009-06-09. ^""J. Kelly Failed to Produce 'Evidence' in Pyongyang"; Framed up "Admission" Story - DPRK FM Director O Song Chol". .korea-np.co.jp. Retrieved 2009-06-09. ^http://www.fas.org/irp/congress/2004_hr/012104hecker.pdf^http://www.isis-online.org/publications/dprk/DPRKenrichment22Feb.pdf^Tim Carter (14 November 2002). "KEDO Executive Board Meeting Concludes - November 14, 2002". KEDO. Retrieved 2010-05-31. ^"DPRK FM sends letter to UNSC president". KCNA. January 10, 2003. Retrieved 2009-05-27. ^"DPRK FM on Its Stand to Suspend Its Participation in Six-party Talks for Indefinite Period". KCNA. February 10, 2005. Archived from the original on 31 May 2009. Retrieved 2009-05-27. ^Tim Carter (21 November 2003). "KEDO Executive Board Meeting - November 21, 2003". KEDO. Retrieved 2010-05-31. ^"NPP". Carnegieendowment.org. Retrieved 2009-06-09. ^"Conclusion of non-aggression treaty between DPRK and U.S. called for". KCNA. October 25, 2002. Retrieved 2009-06-09. ^"President Delivers State of the Union Address". Georgewbush-whitehouse.archives.gov. 2002-01-29. Archived from the original on 8 June 2009. Retrieved 2009-06-09. ^John Pike. "Nuclear Posture Review [Excerpts]". Globalsecurity.org. Archived from the original on 10 June 2009. Retrieved 2009-06-09. ^Selig Harrison (October 25, 2007). "A U.S. Foreign Policy Expert Urged 'Continued Backing' of Nuclear Talks". Embassy of the Republic of Korea in the United States of America. Retrieved 2009-06-09. ^Joseph Kahn and David E. Sanger (September 20, 2005). "U.S.-Korean Deal on Arms Leaves Key Points Open". New York Times. Archived from the original on 26 April 2009. Retrieved 2009-06-09. ^"KEDO website homepage". Retrieved 2009-06-09. [edit]External links1994 Agreed Framework between the USA and the DPRK - Geneva, October 21, 1994Press Briefing by Ambassador Gallucci on Korea (Agreed Framework), White House, October 18, 1994Programme for Promoting Nuclear Non-Proliferation Newsbrief, 3rd Quarter 1994 - describes negotiations leading to Agreed FrameworkAgreement on Supply of a Light-Water Reactor Project to the Democratic People's Republic of Korea - KEDO, 1995Ch 14: North Korea - from Deadly Arsenals, Carnegie Endowment for International Peace (2002)Nautilus Institute - In-depth coverage of the North Korean situation since 1997North Korea's Nuclear Breach - Carnegie Endowment for International PeaceWashington was on brink of war with North Korea 5 years ago, CNN, October 4, 1999Modernizing the US-DPRK Agreed Framework: The Energy Imperative, Nautilus Institute, February 16, 2001Report on Delay in Construction of Light-Water Reactor Project, KCNA, May 22, 2001North Korea's nuclear facilities by Google EarthBreak-down of Agreed FrameworkJ. Kelly Failed to Produce 'Evidence' in Pyongyang - O Song Chol, DPRK Foreign Ministry, January 18, 2003North Korea's Nuclear Weapons Program, Larry A. Niksch, Congressional Research Service - The Library of Congress, March 17, 2003The History of the 1994 Agreed Framework, Daniel B. Poneman, The Forum for International Policy, March 7, 2003Examining the Lessons of the 1994 U.S.-North Korea Deal, PBS, April 10, 2003The United States, North Korea, And The End Of The Agreed Framework, Naval War College Review, Summer 2003Dealing With North Korea's Nuclear Programs - James A. Kelly, Assistant Secretary of State for East Asian and Pacific Affairs, July 15, 2004Did North Korea Cheat?, Foreign Affairs, January/February 2005North Korea Says It Will Abandon Nuclear Efforts, New York Times, September 19, 2005KCNA Urges U.S. to Compensate for Losses Caused by Scrapping AF, KCNA, December 19, 2005The Beijing Deal is not the Agreed Framework, Peter Hayes, Nautilus Institute, February 14, 2007Joint Declaration on the Denuclearization of the Korean Peninsula
Speed LImit
  Link to Article
  Archived Version
  Source: Lame Cherry
  Sat, 06 Apr 2013 16:15
  Another Lame Cherry exclusive in matter anti matter.........
  Birther Hussein Obama has an inoperable brain aneurism.
  This was found in 2008 when he had that twitching and he went in for testing. It was also behind his weight loss that Matt Drudge featured as a type of cancer scare that was postulated here.He has been on medications to reduce the pressure on this bulge.
  This condition is one which the vessel could blow at any time. It is though a condition that what he does really makes no difference in the least from exercise to smoking. It is a ticking bomb which one day will erupt.
  This is what was behind his 2 for 22 shots in basketball as it is now affecting his neurological motor functions, specifically coordination in sight and hand.
  As stated, they have known about this impaired condition before Birther Hussein had taken office and this has all been kept from the public for election results.
  It is why this odd platoon of doctors has been following Barry Chin around. While nothing can be done for this condition, psychologically this has a placebo affect on Barack Obama.
  This is what was behind his "brain mapping" request in attempting to do "something".
  agtG 292y
  New stent offering hope to people with inoperable brain aneurysms...www.thv11.com/news/news.aspx?storyid=182989Nov 29, 2011 '' UNDATED (CLEVELAND CLINIC)--An aneurysm is a weak spot on an artery wall that balloons into a bubble. If that bubble bursts, it may lead ...
Defense Intelligence Agency | Committed to Excellence in Defense of the Nation
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  Archived Version
  Sat, 06 Apr 2013 14:55
  OUR MISSIONDIA is first in all-source defense intelligence to prevent strategic surprise and deliver a decision advantage to warfighters, defense planners, and policymakers. We deploy globally alongside warfighters and interagency partners to defend America's national security interests.Learn more about DIA >>2012-2017 Strategic Plan>>
  CONNECT WITH DIA
WEEKLY ADDRESS: The President's Plan to Create Jobs and Cut the Deficit
  Link to Article
  Archived Version
  Source: White House.gov Press Office Feed
  Sat, 06 Apr 2013 12:09
  The White House
  Office of the Press Secretary
  For Immediate Release
  April 06, 2013
  WASHINGTON, DC'--President Obama used his weekly address to tell the American people about the Budget he is sending to Congress this week, which makes the tough choices required to grow our economy and shrink our deficits. The President's Budget calls for a balanced approach to deficit reduction, including reforms that strengthen Medicare for future generations and tax reform that closes wasteful loopholes, so we can afford the investments required to grow grow the economy, create new jobs, and reignite the engine of our economic growth: a rising, thriving middle class.
  The audio of the address and video of the address will be available online at www.whitehouse.gov at 6:00 a.m. ET, Saturday, April 6, 2013.
  Remarks of President Barack ObamaWeekly AddressThe White HouseApril 6, 2013
  Hi, everybody. Our top priority as a nation, and my top priority as President, must be doing everything we can to reignite the engine of America's growth: a rising, thriving middle class. That's our North Star. That must drive every decision we make.
  Now, yesterday, we learned that our businesses created 95,000 new jobs last month. That's about 500,000 new jobs this year, and nearly 6.5 million new jobs over the past three years.
  But we've got more work to do to get the economy growing faster, so that everybody who wants a job can find one. And that means we need fewer self-inflicted wounds from Washington, like the across-the-board spending cuts that are already hurting many communities '' cuts that economists predict will cost our economy hundreds of thousands of jobs this year.
  If we want to keep rebuilding this economy on a stronger, sturdier foundation for growth '' growth that creates good, middle-class jobs '' we need to make smarter choices.
  This week, I'll send a budget to Congress that will help do just that '' a fiscally-responsible blueprint for middle-class jobs and growth.
  For years, an argument in Washington has raged between reducing our deficits at all costs, and making the investments we need to grow the economy. My budget puts that argument to rest. Because we don't have to choose between these goals '' we can do both. After all, as we saw in the 1990s, nothing reduces deficits faster than a growing economy.
  My budget will reduce our deficits not with aimless, reckless spending cuts that hurt students and seniors and middle-class families '' but through the balanced approach that the American people prefer, and the investments that a growing economy demands.
  Now, the truth is, our deficits are already shrinking. That's a fact. I've already signed more than $2.5 trillion in deficit reduction into law, and my budget will reduce our deficits by nearly $2 trillion more, without harming the recovery. That surpasses the goal of $4 trillion in deficit reduction that many economists believe will stabilize our finances.
  We'll make the tough reforms required to strengthen Medicare for the future, without undermining the rock-solid guarantee at its core. And we'll enact commonsense tax reform that includes closing wasteful tax loopholes for the wealthy and well-connected '' loopholes like the ones that can allow a billionaire to pay a lower tax rate than his or her secretary.
  This is the compromise I offered the Speaker of the House at the end of last year. While it's not my ideal plan to further reduce the deficit, it's a compromise I'm willing to accept in order to move beyond a cycle of short-term, crisis-driven decision-making, and focus on growing our economy and our middle class for the long run. It includes ideas many Republicans have said they could accept as well. It's a way we can make progress together.
  But deficit reduction cannot come at the cost of economic growth or middle-class security. And it doesn't have to. My budget will make critical investments to grow the economy, create jobs, and strengthen the middle class.
  As I said in my State of the Union Address, every day, we should ask ourselves three questions: how do we make America a magnet for good jobs? How do we give our workers the skills they need to do those jobs? And how do we make sure that hard work leads to a decent living?
  To make America a magnet for good jobs, we'll invest in high-tech manufacturing and homegrown American energy, put people to work building new roads, bridges, and schools, and cut red tape to help businesses grow.
  To give workers the skills they need to do those jobs, we'll invest in education that begins in the earliest years, and job training that better equips workers to compete in a 21st century economy.
  To make sure hard work is rewarded, we'll build new ladders of opportunity into the middle class, and focus on revitalizing some of our communities hardest-hit by recession and job loss.
  All of these investments will help grow the economy and create jobs. None of them will add to the deficit. And I will lay out these priorities in greater detail in the days ahead.
  It's a budget that doesn't spend beyond our means. And it's a budget that doesn't make harsh and unnecessary cuts that only serve to slow our economy. We'll keep our promise to an aging generation by shoring up Medicare. And we'll keep our promise to the next generation by investing in the fundamentals that have always made America strong '' manufacturing and innovation, energy and education.
  Because that's what it'll take to make sure America remains strong in the years ahead '' and to leave behind something better for our kids.
  Thank you.
  ###
Was Arnie Gundersen a Licensed Reactor Operator and Senior VP Nuclear Licensee?
  Link to Article
  Archived Version
  Source: Atomic Insights
  Sat, 06 Apr 2013 10:27
  Arnie Gundersen has developed a pretty fair consulting business that consists of writing commissioned reports on a wide variety of nuclear energy topics and providing ''expert witness'' testimony. As a expert witness, he must to provide a resume to prove his expertise.
  He has published numerous reports including his analysis contradicting the efforts of dozens of engineers and regulators in the design and review of the construction strength of the Westinghouse AP1000 containment, the AP1000 beyond design basis cooling concept, and the design and post event analysis of the San Onofre steam generators.
  He has testified about in nuclear power plant operations, underground piping systems, the health effects of tritium leaks, radioactive material handling, the root causes of nuclear construction project delays, quality assurance systems, configuration management, nuclear plant reliability and the aging management program at nuclear power plants. He also claims a special expertise in nuclear power plant decommissioning '' which might be one of the more accurate statements in his resume.
  A prominent part of his resume '' right up near the top in the section where people state the education and training that enabled them to begin accomplishing everything they have done '' is the following line:
  ''RO Licensed Reactor Operator, U.S. Atomic Energy Commission License # OP-3014'"
  A little farther down, in the list of positions held, there is another key line:
  ''Former Senior Vice President Nuclear Licensee''
  Those two statements, taken together with Gundersen's verifiable BS and MS in Nuclear Engineering from Rensselaer Polytechnic Institute, give him a believable claim to having developed such a wide range of knowledge, skills and ability. The problem is that both claims are deceptive, even if they are carefully worded so that they are literally true.
  Licensed reactor operators often have the opportunity to develop a wide range of knowledge in their important role. They often need to understand something about materials, radiation, thermodynamics, aging, pressure vessels, steam generators, electricity, corrosion, civil engineering, batteries, diesel engines, configuration management and quality assurance. They may not learn about all of those topics in their initial qualification program, but over time, they gain varying depths of knowledge depending on the evolutions and events they experience.
  People who work their way up through a wide variety of assignments that include operations, maintenance, and finance and become senior vice presidents at a nuclear utility have demonstrated to a large number of qualified people over a significant time that they know their stuff, are competent to lead, can make effective decisions and deserve respect.
  Gundersen's claim to such a wide range of expertise might be credible if he really did have substantial operating experience and really had worked his way up to being a Senior Vice President of a nuclear power plant license holder. Unfortunately for the truth, neither claim holds up; Gundersen has inflated his resume in just the right points to be able to spread false information that is believed by way too many people and media outlets.
  First, let's look at the claim of having been a licensed reactor operator. Digging through Gundersen's 14 page resume provided to the US Nuclear Regulatory Commission on December 22, 2011, you have to reach the bottom of page 13 to find any mention of a job involving a license to operate a nuclear reactor.
  Rensselaer Polytechnic Institute (RPI) '-- 1971 to 1972 Critical Facility Reactor Operator, InstructorLicensed AEC Reactor Operator instructing students and utility reactor operator trainees in start-up through full power operation of a reactor.
  Dr. John H. Bickel just retired from Xcel Energy's nuclear department and is happy to be able to share information that is no longer filtered through his employer. He provided the following statement to help the world understand exactly what Gundersen might have learned as a graduate student at RPI and what experience he might have gained by instructing students in ''start-up through full power operation of a reactor''.
  I got my MS and PhD at RPI a few years after Gundersen was there. RPI's reactor was donated by the American Locomotive Co and was originally to be used for developing a nuclear train locomotive. It was reconfigured to use as a training reactor that could generate 200 Watts of power '-- or two big light bulbs worth. It had two means of shutting down: the control Rods with fuel followers could be dropped (removing fuel from the center of the core) and inserting poison. The backup means of shutting the reactor down was to dump the moderator to a holding tank. Yes! Core uncovery was the back up shutdown mechanism
  With 200 watts output and a highly enriched fuel there was no decay heat as in a power reactor. We actually learned about flux distributions by manually taping Cadmium and Silver foils to fuel plates '' starting up the reactor and running it for 20 minutes '' scramming it '' and quickly retrieving the foils (yes handling the fuel elements on a bench) and doing a counting experiment with a gamma spectrometer.
  With a minimum amount of reading and passing an exam, students could become certified as a ''Reactor Operator'' by AEC and become lab instructors or teaching assistants. This is what Arne did. Getting an SRO for a commercial power reactor requires about two years of training in classrooms and on a simulator, performing numerous observed plant startups and shutdowns, passing a serious license exam.
  Comparing the RPI training reactor certification to an SRO license in a power reactor is ridiculous!
  There was no training on ESF systems, reactivity controls, chemistry, decay heat removal, feed water/condensate systems, the turbine and condenser etc.
  For him to be parading himself around as an SRO is absurd and he needs to be called down for that.
  (Note: Dr. Bickel exaggerated the output of RPI's Walthousen Reactor Critical Facility a little; it actually has a peak output of less than 100 watts.)
  With regard to Gundersen's claim of having been a Senior Vice President at a nuclear licensee, it turns out that he did not work for any utility that operated a nuclear power plant, but instead worked for Nuclear Energy Services which was a relatively small division of PCC, which Gundersen proudly describes as a ''Fortune 500 company''. I do not have as clear of a statement about that company as I do about the claim to being a Licensed Reactor Operator, but I do know that the firm was what some insiders call a ''body shop''.
  A ''body shop'' in the technical world is a firm that provides consultants to perform temporary tasks. It is a term that is familiar in the computer and programming industry, but they certainly did not invent the term or the concept. I have personal contact with body shops in defense contracting, high tech, and the energy industry. In some cases, the consultants are not even full time employees, their resumes are provided as part of a bid package for a particular task; if the firm wins the contract, they use the consultants for the duration of the contract.
  The managers and executives at consulting companies generally focus on obtaining contracts and providing the specific deliverables specified in that contract. They are not generally involved in the actual preparation or detailed review of the documents for technical content; their normal function is to make sure that the documents meet the contract requirements for format, timeliness, and proper evidence of review. They serve as the interface with the customer, but they are not the people that do the work.
  Knowing that Nuclear Energy Services was essentially a body shop explains how Gundersen can claim to have been ''involved'' in so many jobs and to have visited so many of the nuclear plants in the US during his rather brief (18 year) career as a nuclear energy professional. Consulting firms that survive have to perform a lot of contracting jobs for a large variety of customers, with varying degrees of quality.
  Though Gundersen tells the story as if he was a heroic whistleblower, there is no doubt that his career as a Senior Vice President abruptly ended in 1990 and that he ended up in court as the subject of a defamation suit. There is also no question that he spent the next 18 years working full time as a private school teacher as he built up his expert witness and consulting practice with clients like the Southern Alliance for Clean Energy and Friends of the Earth that have established reputations for doing everything they can to oppose the use of nuclear energy. (That part of the record comes right from his resume.)
  I hope that by sharing this information, Mr. Gundersen begins getting the respect that he deserves when he attempts to spread false information in published reports and while under oath in public testimony.
  BACKGROUND
  Some might wonder what brought on this particular post on this particular day, so here is the reason I wrote it.
  During a recent Twitter discussion with a man whose handle is @nuclearpowrrptr the subject of degrees, professional experience and credentials came up again. I know it is horribly elitist of me, but I fundamentally believe that a person's professional resume and educational background is important information when discussing a technical subject. None of us have enough time to check every number, assumption, and equation required for good decision making.
  We need to be able to rely on the accuracy of the material introduced into the discussion. That accuracy is a product of the competence and integrity of the preparer. In key areas of interest, the prepared material is second checked and independently verified by someone with equal competence and integrity.
  Understanding this concept has been an important part of my professional career since the very first day of plebe summer at the Naval Academy. We were taught about the importance of honor, courage, and commitment and the need to study hard to become competent at our chosen profession. We were also taught the absolute importance of recognizing and freely admitting when we did not know the answer to a question. In addition to a concise, correct answer, there were five basic responses to any question or order:
  Yes, sir (or mam)No, sirNo excuse, sirI'll find out sirAye, aye, sirOur leaders hammered the message in; there is no room for BS, especially on a ship, plane or submarine where people's lives can be lost because of selfish deceit, attempting to cover your own a'' or baffling with BS.
  Dr. John Miller, PhD, the man who tweets as @NuclearPowrRptr is also someone who selectively highlights features of his resume in order to pass deceptive and untrue information about nuclear energy. His PhD is in psychology. He served from 1970-1972 as a junior officer on the USS Seawolf, the second nuclear powered submarine in the US Navy and never again held any nuclear related job. However, he claims more than 40 years of nuclear experience since he has been writing about nuclear energy topics ever since.
  He claims that a station blackout event is an automatic meltdown and that all PWRs are alike, even though the only nuclear plants that he has any direct knowledge of were the S2W on Seawolf and probably the S1W in Idaho where he attended prototype training. When I asked why he left the navy after just 2.5 years on board a boat and why he thought that experience qualifies him as a nuclear and radiation expert, here was his response:
  He is a fan of Dr. Helen Caldicott and highly recommended that I read her latest book. He also had high praise for Arnie Gundersen; that is why I sat down this morning to provide clear documentation for the record.
  I know that some people think I am downright mean for pointing out the character flaws and resume inflation that runs rampant in the antinuclear community, but I am tired of the way that they imply that nuclear energy professionals are mouthpieces and liars that are simply in the pay of a big, evil industry. It is time that at least some of us fought back and worked to regain the moral high ground.
  We are in an honorable profession where integrity and technical competence are not only highly valued, they are demanded. We check each other's work, but not out of lack of trust. We EXPECT each other to tell the truth and to take personal responsibility for correctness, completeness and adequacy. We are working with THE only technology that actually has the capability to cure cancer, solve world hunger, eliminate water borne disease, halt energy insecurity and arrest global climate change.
  We cannot allow deceptive people like Miller and Gundersen to keep defaming us without challenge.
OPEN TO US MILITARY BASES - SCOTLAND
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  Archived Version
  Source: aangirfan
  Sat, 06 Apr 2013 10:26
  In New York, Alex Salmond, First Minister of Scotland, and leader of the Scottish National Party.He indicates that he would allow American bases on Scottish soil after 'independence'.The suspicion is that, if Scotland becomes 'independent', Scotland will be a colony of the USA.
  aangirfan: AN 'INDEPENDENT' SCOTLAND WOULD NOT BE ...
Fisher v. University of Texas
  Link to Article
  Archived Version
  Sat, 06 Apr 2013 10:02
  Plaintiffs Abigail Noel Fisher and Rachel Multer Michalewicz applied to the University of Texas at Austin in 2008 and were denied admission. The two women, both white, filed suit, alleging that the University had discriminated against them on the basis of their race in violation of the Equal Protection Clause of the Fourteenth Amendment.[2] The University of Texas at Austin accepts students in the top 10% of each Texas high school's graduating class, regardless of their race; under its Top Ten Percent plan, 81% of 2008's freshman class were admitted under the plan.[3]
  Applicants who, like Fisher, fail to graduate in the top 10% of their high schools, have a further opportunity to gain admission to the University by scoring highly in a process which evaluates their talents, leadership qualities, family circumstances and race .[4][5] Fisher had a grade point average of 3.59 (adjusted to 4.0 scale)[6] and was in the top 12% of her class at Stephen F. Austin High School.[6] She scored 1180 on her SAT;[6] the 25th and 75th percentiles of the incoming class at UT-Austin were 1120 and 1370.[6] She was involved in the orchestra and math competitions and volunteered at Habitat for Humanity.[6]
  During the case proceedings, Fisher enrolled at Louisiana State University, where she was in her final year as an undergraduate in 2012.[1][7] In 2011, Michalewicz withdrew from the case, leaving Fisher as the sole plaintiff.[4][7]
  Lower courtsIn 2009, United States District Court judge Sam Sparks upheld the University's policy, finding that it meets the standards laid out in Grutter v. Bollinger.[1] That decision was affirmed by a Fifth Circuit panel composed of judges Patrick Higginbotham, Carolyn Dineen King and Emilio M. Garza. Higginbotham, in his ruling, wrote that the "ever-increasing number of minorities gaining admission under this Top Ten Percent Law casts a shadow on the horizon to the otherwise-plain legality of the Grutter-like admissions program, the Law's own legal footing aside."[8]
  A request for a full-court en banc hearing was denied by a 9-7 vote by circuit judges.[9][10]
  Supreme CourtIn September 2011, lawyers representing Fisher filed petition seeking review from the Supreme Court.[1] On February 21, 2012, the court granted certiorari in Fisher v. University of Texas. Justice Elena Kagan recused herself from the case and will not participate in the court's discussions.[11] Kagan's recusal is probably due to her involvement with the case while she was Solicitor General.[4]
  Amicus briefs have been filed by Teach for America, the Asian American Legal Foundation, the Asian Pacific American Legal Center, the California Association of Scholars and Center for Constitutional Jurisprudence, the Black Student Alliance at The University of Texas, the Mountain States Legal Foundation, the Pacific Legal Foundation, Todd Gaziano, Gail Heriot, Peter Kirsanow, Richard Sander and Stuart Taylor, Jr.[12]
  The case is on the Supreme Court calendar for the term beginning in October 2012.[13][14] If the Court overrules Grutter, it would likely end affirmative action at public universities in the United States.[1] Some argue that the result of such a ruling would decrease the number of black and Hispanic students admitted to American universities while increasing the proportion of white and Asian students.[1]
  Oral ArgumentsOn October 10, 2012, the Supreme Court heard oral arguments in the case. Bert Rein represented the petitioner, Gregory Garre represented the respondent university, and Solicitor General Donald Verrilli argued in support of the respondent.
  During the beginning of the petitioner's argument, Justices Sotomayor and Ginsburg asked questions about whether the case was moot. Specifically, they were concerned with the university's arguments that Fisher would not have earned admission regardless of her race, that she had already graduated from college, and that she only named the $100 application fee as real damages. Scalia commented that the harm of racial discrimination alone created an active controversy under the Court's previous Equal Protection jurisprudence.[15]
  Justices Scalia, Alito, and Roberts asked many questions about the definition of a ''critical mass,'' which Grutter named as the central measure of diversity. Scalia started calling it a ''critical cloud'' after the university's lawyer failed, upon multiple requests, to define the central measure of diversity.[15] Chief Justice Roberts asked whether an applicant who was one quarter or one eighth Latino would be permitted by the University to check the ''Latino'' box.[15] Mr Garre responded that the applicant is entitled to self-identify any race and the University did not ever question that determination.[15]
  Legal analysts predicted that oral argument demonstrated a majority of the justices disliked the university's position.[16]
Obama Apologizes for Praising Female Official's Looks - NYTimes.com
  Link to Article
  Archived Version
  Fri, 05 Apr 2013 17:17
  WASHINGTON '-- President Obama late Thursday night called Kamala Harris, the California attorney general, and apologized to her for saying that she is the ''best-looking attorney general in the country.''
  Mr. Obama made the comment on Thursday morning at a fund-raiser outside San Francisco. He praised Ms. Harris as being ''brilliant,'' adding, ''she is dedicated and she is tough'' before commenting on her looks. ''She also happens to be by far the best-looking attorney general in the country,'' the president told the wealthy donors, who responded with surprise and applause.
  There was a quick reaction on social media sites, with some people accusing Mr. Obama of being sexist and others defending his comment as harmless.
  But the president's aides apparently knew the potential for political damage. Soon after Air Force One returned Mr. Obama from his West Coast fund-raising trip, he called Ms. Harris and apologized, according to Jay Carney, the White House press secretary.
  ''You know, they are old friends and good friends,'' Mr. Carney said, ''and he did not want in any way to diminish the attorney general's professional accomplishments and her capabilities.''
  Mr. Carney repeatedly remarked on Ms. Harris's abilities, calling her ''a remarkably effective leader as attorney general'' and ''an excellent attorney general'' who has ''done great work.'' The president, Mr. Carney said, ''fully recognizes the challenge women continue to face in the workplace and that they should not be judged based on appearance.''
  A spokesman for Ms. Harris, Gil Duran, said in a statement Friday: ''The attorney general and the president have been friends for many years. They had a great conversation yesterday, and she strongly supports him.''
  While Ms. Harris did not seem offended, others were on her behalf. Robin Abcarian wrote on the Web site of The Los Angeles Times that the comment was ''more wolfish than sexist,'' and ''may be a little problem he needs to work on.''
  Joan Walsh wrote on Salon that ''my stomach turned over'' when she heard about the comment. ''Those of us who've fought to make sure that women are seen as more than ornamental '-- and that includes the president '-- should know better than to rely on flattering the looks of someone as formidable as Harris,'' she said.
  Ms. Harris, 48, was elected to the statewide office in 2010 after serving two terms as district attorney of San Francisco. She is the first woman to hold the post and the first with African-American and South Asian heritage. Her name has come up as a possible candidate for governor or even for the United States Supreme Court if another seat is vacated during Mr. Obama's second term. She has been an ally of the president's, speaking at the Democratic National Convention that renominated him last year.
Feds Sue Wells Fargo For Massive Mortgage Fraud
  Link to Article
  Archived Version
  Source: The Daily Bail
  Fri, 05 Apr 2013 16:22
  By Matt Taibbi
  Rolling Stone
  Yet Another Bailed Out Bank Sued For Massive Mortgage Fraud
  Earlier this year, Charlie Munger, who is billionaire Warren Buffett's right hand at Berkshire Hathaway and a sort of self-proclaimed mad oracle of Wall Street, made some interesting comments. He bashed people who buy gold, delivering an all-time amazing quote:
  Gold is a great thing to sew onto your garments if you're a Jewish family in Vienna in 1939 but civilized people don't buy gold '' they invest in productive businesses.
  Munger, if you might remember, is the same gazillionaire dickhead who two years ago ripped people experiencing post-crash economic hard times, saying they should "suck it in and cope" and that anyone who wants to complain about the Wall Street bailouts should realize they were "absolutely required to save your civilization" (Munger thinks a lot about "civilization"). He added that even if you didn't like them, "you shouldn't be bitching about a little bailout. You should have been thinking it should have been bigger."
  Some of those bailouts we shouldn't have complained about, of course, were directed at one of Munger's favorite companies '' banking giant Wells Fargo, in which Munger and Buffett are heavily invested. Wells Fargo got as much as $36 billion in federal aid after the crash and got a massive push from the government to help it buy up the dying crash-era megabank Wachovia for $12.7 billion, a shotgun wedding that created the second-biggest bank in America. Wells Fargo not only got $25 billion in TARP funds just before it bought Wachovia, it got a special tax break from then-Treasury Secretary Hank Paulson, which some reports say was worth as much as $25 billion to WF at that time.
  This is all just background for the latest news: Wells Fargo is being sued by the State for vast fraud in the mortgage markets. The U.S. Attorney in the Southern District of New York, Preet Bharara (watch his CNBC interview with Jim Cramer), yesterday brought a case against Wells Fargo seeking "hundreds of millions of dollars" in damages for what it says is a decade of fraudulent behavior, in which Wells Fargo fraudulently certified more than 100,000 mortgages as being eligible for federal mortgage insurance.
  Basically, Wells Fargo screwed the FHA and HUD by mass-approving loans without regard for whether they were defective or not.
  From the L.A. Times:
  When Wells Fargo discovered problems with the loans, it failed to notify HUD, which administers the FHA program, as required, the suit said. The action alleges more than 10 years of misconduct.
  "The extremely poor quality of Wells Fargo's loans was a function of management's nearly singular focus on increasing the volume of FHA originations '' and the bank's profits '' rather than on the quality of the loans being originated," Bharara's office said in a statement.
  The action by the U.S. Attorney in New York comes on the heels of another suit against JPMorgan brought last week by Eric Schneiderman in Obama's Mortgage Fraud Task Force. That action alleges similar mortgage-related scumbaggery by Bear Stearns, which Chase acquired in another government-brokered, market-concentrating shotgun wedding in early 2008.
  So in just a week, we've seen two pretty big actions brought against the Coke and the Pepsi of the American commercial banking world. We'll see how they pan out, but it's interesting, if nothing else.
  So just to recap Munger's comments: gold is not an investment for civilized people, it's for panicked Jews fleeing the Holocaust. Civilized people, according to Munger, instead invest in productive businesses like Wells Fargo, which according to this new suit spent a decade committing mass fraud and dumping tens of thousands of dicey loans onto the lap of the taxpayer. If we think about it in retrospect, Wells Fargo then got rewarded for years of bad behavior by receiving tens of billions more in bailout money, which it used to buy a dominating market share '' artificially inflating its share price for the next generation, to the benefit of wrinkly old greedheads like Charlie Munger. And if you don't like it, you should suck it in and cope.
  I wonder what Munger thinks about his investment now. Is it still civilized?
  The famous 'suck it' video.
  Warren Buffett's partner, Chalie Munger has a message for anyone who might want to compain about the bailouts.
  Related
  Read Matt Taibbi's Blog at Rolling Stone
Triple suicide triggered by economic struggle shocks Italy
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  Archived Version
  Source: Reuters: World News
  Fri, 05 Apr 2013 16:22
  ROME | Fri Apr 5, 2013 4:34pm EDT
  ROME (Reuters) - The suicide of a married couple mired in debt has struck a nerve in Italy, with the speaker of the country's lower house of parliament lamenting an "economic emergency" in the land.
  Romeo Dionisi, 62, and Anna Maria Sopranzi, 68, hanged themselves in a storage room they owned in the town of Civitanova Marche on the Adriatic coast on Friday, police said.
  After learning of his sister's death, Sopranzi's brother, Giuseppe, 72, threw himself into the sea and drowned. Authorities later recovered his body.
  The couple was deeply in debt and lived on a small monthly pension that Sopranzi received, and Dionisi, a self-employed construction worker who did not collect a pension, could not find work, according to media reports.
  They left a note on a friend's car asking forgiveness for their extreme gesture, police said.
  The mayor of the town, Tommaso Claudio Corvatta, said the couple committed suicide because they were too proud to ask for help, and declared Saturday a day of mourning.
  Laura Boldrini, the speaker of the lower house of parliament, said she would go to the town on Saturday to express her condolences to the families.
  "It's proof of the devastating psychological impact that the economic emergency provokes in men's and women's lives, which too often go unnoticed behind everyday statistics," she said.
  Italy has been mired in recession since mid-2011, making this the longest slump the euro zone's third-biggest economy has seen in two decades. The Bank of Italy says 600,000 jobs have been lost in the past 5 years.
  Nichi Vendola, head of the Left Ecology Freedom party, said the suicides were a sign of "social desperation" and Pier Luigi Bersani, chief of the Democratic Party, commented that Italy was in the middle of a "dramatic social emergency".
  (Reporting by Steve Scherer; Editing by Stephen Powell)
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DONATION Knight Pronnunciation!
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  Fri, 05 Apr 2013 14:43
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North Korea Shifts Missile to Coast Amid Growing Tensions
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  Archived Version
  Source: News From Antiwar.com
  Fri, 05 Apr 2013 14:30
  South Korean Defense Minister Kim Kwan-Jin has confirmed that North Korea has moved a missile with ''considerable range'' to the east coast, just one day after the North Korean government warned nuclear war could begin ''today or tomorrow.''
  As with all of the other hysterical rhetoric from both sides, there doesn't seem to be anything imminent, with Kim saying the missile appears to be a mid-range variety, and is likely meant for a test firing or a drill, not an actual war.
  This marks the first actual move by North Korea since the last couple weeks of disputes began, as while the US has committed billions of dollars in new Korea-related spending and moved massive amounts of hardware to the region, North Korea had until today stuck with threats in the state media.
  Despite those threats, North Korea doesn't even have missiles capable of hitting the US coast, and its best functional missiles would make any US territory, even Guam, a long-shot.
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75% Of Physicians in The World Refuse Chemotherapy for Themselves
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  Archived Version
  Source: Dprogram.net
  Fri, 05 Apr 2013 14:28
  (NaturalNews) '' Doctors used to think that if they drained a sick person's blood it would purge the ''evil'' infection or disease right out of the body, but all that did was make the ill person much weaker, unable to fight off whatever was invading their body, and the patient was then highly likely to lose the battle for life, and in less time.
  Research using polls and questionnaires continue to show that 3 of every 4 doctors and scientists would refuse chemotherapy for themselves due to its devastating effects on the entire body and the immune system, and because of its extremely low success rate. On top of that, only 2 to 4% of all cancers even respond to chemotherapy or prove to be ''life extending,'' yet it is prescribed across the board for just about every kind of cancer.
  Polls were taken by accomplished scientists at the McGill Cancer Center from 118 doctors who are all experts on cancer. They asked the doctors to imagine they had cancer and to choose from six different ''experimental'' therapies. These doctors not only denied chemo choices, but they said they wouldn't allow their family members to go through the process either! What does that say about their true opinion of this archaic method?
  These surveys are having a profound effect on the general public opinion of chemo treatments in most of Western society, especially the United States, which uses more than any nation in the world. This lack of trust by doctors is spilling over to patients, and the move towards natural remedies is increasing, much the way it did in the early 1900'²s, before the dawn of corrupt medicine, pharmaceuticals, and radiation.
  An elevated level of toxicity is actually the last thing any human being needs when fighting infection, disease, or pneumonia.
  Auto-immune disorders are mainly caused when humans ingest chemicals from food, drinking water, vaccines contaminated with chemicals, artificial sweeteners and environmental pollution. Chemotherapy, like the popular Cis-platinum, fills the body with horrific toxins, and doctors and scientists know it, but because the FDA outlaws doctors from suggesting or prescribing vitamins, supplements, herbs and super-foods, chemical therapy is still ''recommended.''The way to beat cancer is to detoxify your body and build up your host immune system, not break it down further by dousing one tumor or one organ with chemicals that pollute the entire system. Put it this way, if an elderly person had an injured toe and it needed a cold compress to help heal it, would you submerge the senior in a freezing pool of water repeatedly for days, and then wait for the toe to heal? Doctors know how absurd the ideology of chemotherapy really is, but when a society bases the bulk of its therapy on chronic care management, the doctors are silently coerced into suggesting it or finding another profession.
  Chemotherapy shows very little success with common solid tumors that occur in the colon, lung and breasts, as documented over the past decade, yet somehow doctors still push ''chemo'' to attempt to stave off tumors and malignant growths in these areas of the body.
  Could it be some extreme coincidence that although 75% of doctors would refuse chemotherapy for themselves and their family members, they still prescribe it for 75% of their patients? The costly price of chemo and the likelihood of Big Pharma ''kickbacks'' is screaming the answer ''no.''At best, chemotherapy should be considered alternative treatment, but for over 70 years Allopathic medicine has warped the public perception of true medicine, so if you happen to get cancer and your doctor tells you what to do, you may want to ask him/her if they would do the same thing for themselves and their family members.
  Sources for this article include:
  CLICK HERE FOR FREE DOWNLOAD: 25 Amazing (and Disturbing) Facts about the Hidden History of Medicinehttp://www.naturalnews.com/036054_chemotherapy_physicians_toxicity.html#ixzz1x8VNRjEa
  http://www.scribd.com
  http://www.globalhealingcenter.com
  http://breastcancercover-up.com/
  http://cancercentre.mcgill.ca/research/
  http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2001350/
  http://www.curenaturalicancro.com/2-physicians-refuse-chemo.html
  http://www.nytimes.com/2011/09/19/opinion/economic-bleeding-cure.html
  http://www.naturalnews.com/036054_chemotherapy_physicians_toxicity.html#ixzz1x8VUXDgS
  Source: Natural News
House to amend CISPA in secret
  Link to Article
  Archived Version
  Source: CNET News - Politics and Law
  Fri, 05 Apr 2013 14:27
  As is with most cases, "classified information" is cited as the reason why the controversial "privacy killer" CISPA will be amended in secret. But it's OK; it's only people's privacy at risk here.
  House members during last year's floor debate on CISPA (clockwise from top left): Jared Polis, who warned it would "waive every single privacy law ever enacted"; Adam Schiff; Sheila Jackson Lee; Hank Johnson; Mike Rogers; Jan Schakowsky
  (Credit: C-SPAN)Another day, another House Intelligence Committee session held in secret, under the rather convenient excuse that "classified information" might be revealed.
  As was the case last year when members of the committee amended the Cyber Intelligence Sharing and Protection Act (CISPA) the first time around -- the bill, dubbed a "privacy killer" by online activists and privacy groups, will once again be amended in a veil of secrecy.
  According to the committee's spokesperson, Susan Phalen, (via The Hill), these secret hearings are not uncommon and "sometimes they'll need to bounce into classified information and go closed for a period of time to talk."
  She said that in order to keep the flow of the mark-up -- where rewrites to proposed legislation are made -- the committee cannot suddenly stop, order every person and member of the media out of the chamber, only to be brought back in later once the discussions are back on unclassified territory.
  Actually, they could, and probably should. Especially considering how much controversy has been stirred over this bill, transparency in this instance might appease at least some of the significant opposition to this highly privacy-infringing bill.
  It comes as more than two-dozen civil liberties groups said in a joint letter to committee members (PDF) earlier this week that: "The public has a right to know how Congress is conducting the people's business, particularly when such important wide-ranging policies are at stake."
  For those who aren't in the loop, the bill is designed to remove legal barriers preventing companies from sharing information -- including personal data from social-networking sites and other Web services -- with the U.S. government, under the principle that it may help prevent cyberattacks.
  This means a company like Facebook, Twitter, Google, or any other Web or technology giant, such as your cell service provider, would be legally able to hand over vast amounts of data to the U.S. government and law enforcement -- for whatever purpose they deem necessary -- and face no legal reprisals.
  Naturally, many in the industry welcomed and applauded the move. It would, after all, give them both civil and criminal legal protection. Thankfully, many took the polar opposite approach and saw the massive threat to civil liberties and online privacy.
  Facebook, IBM, Intel, Oracle, Verizon, and AT&T -- among others -- supported the bill, but Mozilla, Web inventor Sir Tim Berners-Lee, and just about every civil liberties and privacy group opposed it.
  Though the bill passed in in the U.S. House of Representatives the first time around, it fell flat on its face when it stalled in the Senate.
  Even the Obama administration threatened to veto the bill if it came across the president's desk, following an official response by the White House to a petition that crossed the 100,000 mark.
  The commander in chief's officials said in a note, quite bluntly: "The Obama administration opposes CISPA." While Obama himself called for "comprehensive cybersecurity legislation," his administration said that "part of what has been communicated to congressional committees is that we want legislation to come with necessary protections for individuals."
  A few months later at the 2013 State of the Union address, Obama signed (yet another) executive order -- bypassing Congress, which is at such loggerheads that it probably couldn't decide on the color of the hallway carpets -- introducing a similar set of rules, but with privacy protection fully in mind, to help protect critical national infrastructure from domestic and foreign cyberattacks.
  Now that the bill has been reincarnated from the dark depths of the legal hellfire, it's likely that Obama will remain staunch in his anti-CISPA views, with the White House no doubt ready to threaten a veto again.
  While there has been no word on when the secret session of the House Intelligence Committee will be, it's expected to be later this month.
  This story originally appeared at ZDNet under the headline "Surprise, surprise: House committee to amend CISPA in secret, again."
Could Scientists Peek Into Your Dreams?
  Link to Article
  Archived Version
  Source: Set You Free News
  Fri, 05 Apr 2013 14:22
  By Barbara Bronson Gray | WebMD
  Talk about mind reading. Researchers have discovered a potential way to decode your dreams, predicting the content of the visual imagery you've experienced on the basis of neural activity recorded during sleep.
  Visual experiences you have when dreaming are detectable by the same type of brain activity that occurs when looking at actual images when you're awake, the small new study suggests.
  The scientists created decoding computer programs based on brain activity measured while wide-awake study participants looked at certain images. Then, right after being awakened from the early stages of sleep, the researchers asked the subjects to describe the dream they were having before being disturbed.
  The researchers used functional MRI to monitor brain activity of the participants and polysomnography to record the physical changes that occur during sleep. They compared evidence of brain activity when participants were awake and looking at real images to the brain activity they saw when participants were dreaming, when they were in light '-- or early '-- sleep. Functional MRIs directly measure blood flow in the brain, providing information on brain activity.
  Published April 4 in the journal Science, the study shows it may be possible to use brain activity patterns to understand something about what a person is dreaming about, according to Yukiyasu Kamitani, lead author and head of neuroinformatics at ATR Computational Neuroscience Laboratories, in Kyoto, Japan.
  ''Our current approach requires the data of image viewing and sleep within the same [person],'' Kamitani said. ''But there are methods being developed for aligning brain patterns across people. It may become possible to build a decoder that works for different people with a small amount of data for calibration.''
  While the research may conjure up images of science fiction movies '-- such as aliens from another planet finding a way to reveal our most private mental activities '-- there are practical applications to the research, Kamitani said.
  ''There is evidence suggesting that the pattern of spontaneous brain activity is relevant to health issues, including psychiatric disorders,'' Kamitani explained. ''Our method could relate spontaneous brain activity to waking experience, potentially providing clues for better interpretations of [brain activity].''
  The research involved only three participants, who, over seven or 10 sleep ''experiences,'' were awakened and asked for a visual report a minimum of 200 times each.
  The authors gave an example of what a study participant said when awakened: ''Yes, well, I saw a person. It was something like a scene. I hid a key in a place between a chair and a bed, and someone took it.'' Researchers then compared the participant's description to the functional MRI activity pattern before awakening.
  This pattern was put through a machine learning decoder assisted by vocabulary and image databases. The system's prediction identified a man, a key, a bed and a chair, which compared closely to the participant's immediate report.
  The researchers chose to awaken the subjects in light sleep rather than in deeper ''rapid eye movement'' (REM) sleep solely to make the research easier to do. Kamitani said that because it takes at least an hour to reach first REM stage, it would be difficult to get sleep and dream data from multiple participants. ''REM dreams may contain richer contents, so we are interested in decoding REM dreams in the future,'' he said.
  Although this study doesn't help identify why people dream, it could potentially be useful in advancing understanding, Kamitani said. ''I believe our method may provide a tool for investigating what is the function of dreaming.''
  As to why it is so hard to remember a dream minutes after waking up, Kamitani said he thinks it is because particular neurotransmitters or brain regions involved in memory are not active during sleep. But he hopes his research will help explain.
  ''During sleep and dreaming, part of the brain '-- the higher visual cortex '-- is working as if seeing images,'' he said. ''Since the contents of a verbal report were predicted only from brain activity immediately before awakening '-- zero to 15 seconds before '-- [it may be that we] only remember contents related to brain activity [we experience] immediately before we wake up.''
  While one expert said the results are intriguing, he was cautious. ''The results are interesting, but in view of previous disappointments relating brain activity to complex visual experience, one would like to see this replicated,'' said Dr. Irwin Feinberg, a professor emeritus at the University of California, Davis.
  Feinberg emphasized that the research was not designed to determine a cause-and-effect relationship. ''It's a correlation of brain activity and visual experience, largely statistical and purely by association,'' he said. ''It does not shed light on the function of sleep or the function of dreaming within sleep.''
  But Feinberg said the researchers' focus on non-REM sleep is interesting and valuable. ''Non-REM sleep constitutes 75 percent of our sleep; REM is only 25 percent. Nature knows what it needs, so the fact that non-REM occupies such a large percentage and occurs first suggest that it is of far greater importance than is REM.''
  (C)2013, WebMD, LLC. All rights reserved
Morning after pill age limit lifted
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  Archived Version
  Source: BBC News - Home
  Fri, 05 Apr 2013 13:59
  5 April 2013Last updated at12:14 ETA US federal judge has ordered the government to make the "morning after" pill available over the counter to girls of all ages within 30 days.
  Judge Edward Korman said a decision by the US health secretary to limit over-the-counter purchases of the drug to those 17 and older was "capricious".
  The reproductive rights group which brought the case called the ruling a victory for women.
  A US government lawyer said it was considering legal options.
  In Friday's decision, New York Judge Korman struck down the Food and Drug Administration (FDA) rule requiring girls 16 and under to have a prescription for the pill.
  'Unjustified restrictions'He said the FDA's restriction was "arbitrary, capricious and unreasonable".
  Continue reading the main storyWomen all over the country will no longer face arbitrary delays and barriers just to get emergency contraception''
  End QuoteNancy NorthupCenter for Reproductive RightsThe Center for Reproductive Rights, which brought the case, argued that there was no scientific proof that girls younger than 17 could not safely use the drug without supervision.
  It said that politics had more to do with limiting access to the pill. US social conservatives have denounced the emergency contraceptive as tantamount to abortion.
  In 2011, the FDA said it had concluded that the "morning after" pill could be safely used by girls of child-bearing age.
  But in an unprecedented move, Health and Human Services Secretary Kathleen Sebelius overruled the agency.
  She said there was not enough evidence from all potential ages to support removing over-the-counter restrictions. President Barack Obama said he supported the decision.
  In his ruling, Judge Korman criticised the Obama administration's justification, calling it "an excuse to deprive the overwhelming majority of women of their rights to obtain contraceptives without unjustified and burdensome restrictions".
  Teva Pharmaceutricals, which manufactures the birth control drug, called Plan B, had also petitioned the government to lift the restrictions.
  An FDA spokeswoman declined to comment on Friday's ruling, saying it was an ongoing legal matter.
  F Franklin Amanat, a lawyer for the Department of Justice, told the Associated Press news agency: "We are reviewing the decision and evaluating the government's options."
  The Center for Reproductive Rights welcomed the ruling.
  "Women all over the country will no longer face arbitrary delays and barriers just to get emergency contraception," spokeswoman Nancy Northup told Reuters news agency.
  Emergency contraception is effective for the first 72 hours after sex, but is more likely to work the sooner it is taken, and can cause side-effects such as nausea and diarrhoea in some women.
ABN Amro has no gold left for its clients
  Link to Article
  Archived Version
  Source: bertb news feed
  Fri, 05 Apr 2013 13:10
  0This week, a well-known Dutch bank was the first financial institution to inform its clients that their ''gold investments'' are no longer physically deliverable, proving that the physical gold and ''paper gold'' are different commodities with different prices. The world's financial system is short on gold and no gold bars, except those that are kept by the owners, are safe from confiscation.
  0ABN AMRO, the biggest Dutch bank, has sent a letter to its clients stating that they will no longer be able to take physical deliveries of the gold they have bought through ABN. Instead they are offered money at the current market rate for gold. Basically, instead of owning a risk free, physical asset (a gold bar or a gold coin), the bank's clients now own a monetary claim on ABN AMRO, being exposed to the bank's credit risk. Such action is unfair and resembles a disguised default, even if it is supposedly legal. The bank is taking away the clients' gold, without their consent, and is replacing the gold with a claim on the bank, forcing the bank's clients to become the bank's creditors. It is obvious that at least some of the investors who used to invest in precious metals using the Dutch bank services will stop doing business with ABN. The only logical reason for the bank to do something so damaging to its own reputation is to avoid a default on their physical deliveries of gold.
  0The situation can be explained in simple terms: the gold is gone or there never was any gold. The conclusions are clear to any seasoned investor. Never trust a bank to hold your precious metals. It will only end badly.
Feinstein Now Talking Video Game Control
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  Archived Version
  Source: BlackListedNews.com
  Fri, 05 Apr 2013 13:10
  Source:Guns.comIn the wake of an ''assault weapons'' ban that has so far been blocked by other legislators, Sen. Dianne Feinstein is now talking about video game control.
  Speaking to an audience of about 500 at a San Francisco event, Feinstein said ''If Sandy Hook doesn't do it '... then maybe we have to proceed, but that is in the future,'' and ''a very negative role for young people, and the industry ought to take note of that.''
  She said this in light of evidence that Adam Lanza, the shooter, was a fan of ''Call of Duty'' and ''Starcraft,'' two of the most popular '-- that is to say common, mainstream '-- video games series ever made.
  Feinstein is not the first person to come to this conclusion. Sen. Joe Lieberman said ''The violence in the entertainment culture '-- particularly, with the extraordinary realism to video games, movies now, et cetera '-- does cause vulnerable young men to be more violent,'' after the Newtown shooting spree.
  ''Very often, these young men have had an almost hypnotic involvement in some form of violence in our entertainment culture, particularly violent video games, and then they obtain guns and become not just troubled young men but mass murderers,'' Lieberman added.
  Colorado Governer John Hickenlooper is on the same page. ''There might well be some direct connection between people who have some mental instability and when they go over the edge '' they transport themselves, they become part of one of those video games. Perhaps that's why all these assault weapons are used.''
  The NRA's own Wayne LaPierre has also pointed the finger at video games. ''There exists in this country a callous, corrupt and corrupting shadow industry that sells, and sows, violence against its own people. Through vicious, violent video games with names like Bulletstorm, Grand Theft Auto, Mortal Kombat and Splatterhouse.''
  Even Donald Trump has chimed in. ''Video game violence and glorification must be stopped '-- it is creating monsters!''
  But there's a problem with this. Just as the number of guns and gun owners has increased as violence and mass killings become less common, so has the popularity of video games, including violent video games.
  ''Grant Duwe, a criminologist with the Minnesota Department of Corrections who has written a history of mass murders in America, said that while mass shootings rose between the 1960s and the 1990s, they actually dropped in the 2000s. And mass killings actually reached their peak in 1929, according to his data. He estimates that there were 32 in the 1980s, 42 in the 1990s and 26 in the first decade of the century.
  ''Chances of being killed in a mass shooting, he says, are probably no greater than being struck by lightning.''
  However the chances of owning a copy from the ''Call of Duty'' series is considerably higher, with estimates putting the number of copies sold at well over 100 million, and that's just one franchise.
  And the industry has taken note of that. With legislators talking about establishing some type of video game control, it's important to recognize that the industry already has a voluntary ratings system in place, on that's considered to be more effective than the film industry's.
  According to the FTC, ''Only 13 percent of underage shoppers were able to purchase M-rated video games, while '... 24 percent were able to purchase tickets to R-rated movies.''
  If Feinstein does attempt some type of video game control, it will be an uphill battle, as not only do video gamers make up a sizable percentage of the nation, but the Supreme Court has also held that video games constitute protected First Amendment speech.
  '''As a means of assisting concerned parents it (the law) is seriously overinclusive because it abridges the First Amendment rights of young people whose parents (and aunts and uncles) think violent video games are a harmless pastime,' wrote Justice Antonin Scalia for the majority.''
  After Feinstein finishes with video games, which amendment do you think she'll go after next?
  http://www.guns.com/2013/04/05/feinstein-now-talking-video-game-control/
Breakdown of Individual EU Member Gurantee Exposure to Cyprus
  Link to Article
  Archived Version
  Source: EconomicPolicyJournal.com
  Fri, 05 Apr 2013 13:03
  Below are the European Stability Mechanism loan guarantees that individual EU members are committed for.Open Europe Blog provided the above chart and has an explainer on what it all means:ESM loans do not require direct cash from countries but are based off loan guarantees which the eurozone countries give to the ESM. The ESM then issues debt on the market to raise the actual cash to provide the bailout loans. So, not extra cash contribution on the back of this bailout. That said, the ESM does require paid-in capital ('‚¬80bn), the payouts of which should have been factored into eurozone government budgets and certainly has been included in the bailed out countries. Also due to a eurostat ruling, each eurozone member's share of ESM bailouts will not count towards its national debt.
How Bradley Manning could have prevented the Deepwater Horizon explosion
  Link to Article
  Archived Version
  Source: Dprogram.net
  Fri, 05 Apr 2013 13:01
  (Manning) '' Bradley Manning tried to save the eleven men who died '' burned alive '' on the Deepwater Horizon oil rig in 2010. But Barack Obama and the New York Times made sure that wouldn't happen.
  Three years ago this month, on the 20th of April, 2010, the BP Deepwater Horizon drilling rig blew itself to kingdom come.
  Soon thereafter, a message came in to our office's chief of investigations, Ms Badpenny, from a person I dare not name, who was floating somewhere in the Caspian Sea along the coast of Baku, Central Asia.
  The source was in mortal fear he'd be identified '' and with good reason. Once we agreed on a safe method of communication, he revealed this: 17 months before BP's Deepwater Horizon blew out and exploded in the Gulf of Mexico, another BP rig suffered an identical blow-out in the Caspian Sea.
  Crucially, both the Gulf and Caspian Sea blow-outs had the same identical cause: the failure of the cement ''plug''.
  To prevent blow-outs, drilled wells must be capped with cement. BP insisted on lacing its cement with nitrogen gas '' the same stuff used in laughing gas '' because it speeds up drying.
  Time is money, and mixing some nitrogen gas into the cement saves a lot of money.
  However, because BP's penny-pinching method is so damn dangerous, they are nearly alone in using it in deep, high-pressure offshore wells.
  The fire on the BP Deepwater Horizon oil rig. Photo via Creative Commons.
  The reason: nitrogen gas can create gaps in the cement, allow methane gas to go up the borehole, fill the drilling platform with explosive gas '' and boom, you're dead.
  So, when its Caspian Sea rig blew out in 2008, rather than change its ways, BP simply covered it up.
  Our investigators discovered that the company hid the information from its own shareholders, from British regulators and from the US Securities Exchange Commission. The Vice-President of BP USA, David Rainey, withheld the information from the US Senate in a testimony he gave six months before the Gulf deaths. (Rainey was later charged with obstruction of justice on a spill-related matter.)
  Channel 4 agreed to send me to the benighted nation of Azerbaijan, whose waters the earlier BP blow-out occurred in, to locate witnesses who would be willing to talk to me without getting ''disappeared''. (They didn't talk, but they still disappeared.)
  And I was arrested. Some rat had tipped off the Security Ministry (the official name of the Department of Torture here in this Islamic Republic of BP). I knew I'd get out quick, because throwing a reporter of Her Majesty's Empire into a dungeon would embarrass both BP and the Azeri oil-o-crats.
  The gendarmes demanded our film, but I wasn't overly concerned: Before I left London, Badpenny handed me one of those Austin Powers camera-in-pens, on which I'd loaded all I needed. But I did fear for my witnesses left behind in Azerbaijan '' and for my source in a tiger cage in the USA: Pvt Bradley Manning.
  Only after I dove into deep water in Baku did I discover, trolling through the so-called ''WikiLeaks'' documents, secret State Department cables released by Manning. The information was stunning: the US State Department knew about the BP blow-out in the Caspian and joined in the cover-up.
  Apparently BP refused to tell its own partners, Chevron and Exxon, why the lucrative Caspian oil flow had stopped. Chevron bitched to the office of the US Secretary of State, Condoleezza Rice. (George Bush's cabinet member should not be confused with the 129,000-tonne oil tanker ''Condoleezza Rice'', which Chevron named after their former board member.)
  The US Ambassador got Chevron the answer: a blow-out of the nitrogen-laced cement cap on a giant Caspian Sea platform. The information was marked ''SECRET''. Apparently loose lips about sinking ships would help neither Chevron nor the Azeri President Ilham Aliyev, the beneficiary of millions of dollars in payments of oil company baksheesh.
  So what about Bradley Manning?
  Manning has been charged with ''aiding the enemy'' '' a crime punishable by death.
  But Manning's sole and only purpose was to get out the truth. It wasn't Manning who wrote the cover-up memos, he merely wanted to get them to the victims: us.
  And since when did the public become ''the enemy''?
  Had Manning's memos come out just a few months earlier, the truth about BP's deadly drilling methods would have been revealed, and there's little doubt BP would have had to change its ways. Those eleven men could well have been alive today.
  Did Manning know about this particular hush-hush cable about BP's blow-out when he decided he had to become Paul Revere and warn the planet?
  That's unlikely, in the thousands of cables he had. But he'd seen enough evidence of murder and mendacity in other cables, so, as Manning, under oath, told a court, he tried to give it all to the New York Times to have knowledgeable reporters review the cables confidentially for life-saving information.
  The New York Times immediately seized on this extraordinary opportunity'... to ignore Manning. The Timesonly ran it when the Guardian was going to scoop '' and embarrass '' the New York hacks.
  Though there are limits. While reporter David Leigh put the story of BP's prior blow-out on page one of theGuardian, neither the New York Times or any other major US news outlet ran the story of the blow-out and oil industry cover-up. No surprise there, though '' the most ''prestigious'' US news programme, PBS Newshour, was sponsored by'... Chevron Corporation.
  Hanging their source while taking his applause
  As a working journalist, and one whose head is likely to be in the foggy gun-sights of some jet jockey or a dictator's goon squad, I have more than a little distaste for toffs like New York Times' former executive editor, columnist Bill Keller, who used Manning documents to cash in on a book deal and land star turns on television while simultaneously smearing his source Manning as, ''troubled'', ''emotionally fractured'', ''vague'', ''inchoate'' and '' cover the children's ears '' ''gay''.
  Furthermore, while preening about their revelations from the Manning documents, the Times had no problem with imprisoning their source. I do acknowledge that the Times and Keller did editorialise that a sentence of life imprisonment without parole would be ''overkill''. How white of them.
  When it was mentioned that Manning is no different from Daniel Ellsberg, the CIA operative who released the Pentagon Papers, Keller reassured that the Times also told Ellsberg he was ''on his own'' and did not object to their source being charged as a spy.
  And the Times' much-lauded exposure of the My Lai massacre? My late good friend, the great investigative reporter Ron Ridenhour, who gave the story to Seymour Hersh, told me that he and Hersh had to effectively blackmail the Times into printing it.
  Manning: an aid to the enemy?
  Times man Keller writes that Manning, by going to ''anti-American'' WikiLeaks, threatened the release of, ''information that might get troops in the field or innocent informants killed''.
  Really?
  This is the same Bill Keller who admits that he knew his paper's reports in 2003 that Saddam Hussein had weapons of mass destruction were completely false, but that he '' as editor '' covered up his paper's knowledge their WDM stories were simply bogus. Those stories validated the Bush propaganda and helped tip the political balance to invade Iraq. Four-thousand US soldiers died. I guess the idea is that releasing information that kills troops is criminal, but that disinformation that kills troops is quite acceptable.
  Maybe I'm just cranky because I wouldn't have seen my own sources vanish and my film grabbed if the Timeshad only run the Manning facts about BP and Caspian when they had the chance.
  Look, I'm only picking on the New York Times and PBS Newshour because they are the best in America, God help us.
  What other lives have been saved by the Manning revelations? Lots. Watch this space. I promise more aid to the enemies of the state '' which is you, by the way.
  This piece first appeared at VICE.
  Greg Palast investigated the BP Deepwater Horizon murders for Channel 4. Those dispatches are contained in his book, Vultures' Picnic. On April the 5th, there will be a gathering in New York with Daniel Ellsberg and defenders of Bradley Manning. Visit Greg's Facebook page for more information.
  Follow Greg on Twitter: @Greg_Palast
  Source: Bradley Manning
Up to 600 European Jihadist Fighters among Syrian Rebels
  Link to Article
  Archived Version
  Source: Global Research
  Fri, 05 Apr 2013 12:55
  Hundreds of European Muslims have joined the Syrian rebels in their fight against the rule of Bashar Assad, the latest study reveals. Most of them hold UK passports.
  An estimate of the International Centre of for the Study of Radicalization (ICRS), based on more than 450 open sources, has found that up to 5,500 foreign fighters have traveled to Syria since the beginning of the uprising against the ruling regime. Of them, up to 11 per cent originate from Europe.
  ''Between 140 and 600 Europeans have gone to Syria since early 2011,'' researcher Aaron Y. Zelin says.
  Britain accounts for the biggest number of arrivals, with up to 134 people joining the cause. The Netherlands comes second with up to 107 people, next are France (up to 92), Belgium (up to 85) and Denmark (up to 78).
  ''As with previous conflicts, the picture is far from complete and will probably remain so for years to come,'' said Zelin on the numbers presented in the study.
  ''There is no 'true census' of foreign fighters, and publicly available sources are inevitably incomplete.''
  The research suggests most foreigners have not yet returned to their home countries.
  ''Based on the conflict totals, we estimate that 70 to 441 Europeans are still currently present in Syria,'' ICSR report states. ''This suggests that most of the Europeans who have travelled to Syria are still on the battlefield.''
  Some of the data for the research was pulled from the so-called online martyrdom notices of jihadists, ideologically affiliated with Al-Qaeda. Out of 249 such martyrdom notices, about 3 per cent identify countries of origin as European. People travelled ''to die in Syria'' from Albania, Britain, Bulgaria, Denmark, France, Kosovo, Spain and Sweden.
  British Islamists protest outside the French Embassy in London January 12, 2013. (Reuters/Suzanne Plunkett)
  The researchers say, neither political motivations, nor jihadist ideology are among the primary reasons for the people to go to Syria, but the atrocities of war.
  ''The most commonly cited reasons for joining rebel forces are the horrific images of the conflict, stories about atrocities committed by government forces, and the perceived lack of support from Western and Arab countries,'' ICSR reports explains.
  ''In many cases, these individuals fully adopt the jihadist doctrine and ideology only when they are on the ground and in contact with hardened fighters.''
  This 'ideological' borrowing cannot but worry the European governments. For instance, the Netherlands raised the threat of a terror attack to ''substantial'' last month, saying the increased risk stemmed mainly from jihadists returning from fighting in Syria. British security services are also concerned the returnees may use their military know-how to wreak havoc back home.
  The researchers, however, do not believe there is an immediate connection between fighting in Syria and terrorism in Europe.
  ''Not everyone who has joined the Syrian rebels is Al-Qaeda, and only a small number may ever become involved in terrorism after returning to Europe,'' Zelin said.
  ''That said, it would be wrong to conclude that individuals who have trained and fought in Syria pose no potential threat,'' he remarked. He pointed at the recently-published research by the Norwegian academic Thomas Hegghammer, which reveals that terrorists with foreign experience are far more lethal, dangerous and sophisticated than purely domestic cells.
Notice -- Continuation of the National Emergency with Respect to Somalia
  Link to Article
  Archived Version
  Source: White House.gov Press Office Feed
  Fri, 05 Apr 2013 12:51
  The White House
  Office of the Press Secretary
  For Immediate Release
  April 04, 2013
  NOTICE
  - - - - - - -
  CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO SOMALIA
  On April 12, 2010, by Executive Order 13536, I declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the deterioration of the security situation and the persistence of violence in Somalia, acts of piracy and armed robbery at sea off the coast of Somalia, which have repeatedly been the subject of United Nations Security Council resolutions, and violations of the arms embargo imposed by the United Nations Security Council.
  On July 20, 2012, I issued Executive Order 13620 to take additional steps to deal with the national emergency declared in Executive Order 13536 in view of United Nations Security Council Resolution 2036 of February 22, 2012, and Resolution 2002 of July 29, 2011, and to address: exports of charcoal from Somalia, which generate significant revenue for al-Shabaab; the misappropriation of Somali public assets; and certain acts of violence committed against civilians in Somalia, all of which contribute to the deterioration of the security situation and the persistence of violence in Somalia.
  The situation with respect to Somalia continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States. For this reason, the national emergency declared on April 12, 2010, and the measures adopted on that date and on July 20, 2012, to deal with that emergency, must continue in effect beyond April 12, 2013. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 13536.
  This notice shall be published in the Federal Register and transmitted to the Congress.
  BARACK OBAMA
NKorea Aggression Could Strengthen US-China Bond
  Link to Article
  Archived Version
  Fri, 05 Apr 2013 09:52
  WASHINGTON -- North Korea's latest outburst of nuclear and military threats has given the U.S. a rare opportunity to build bridges with China -- a potential silver lining to the simmering crisis that could revitalize the Obama administration's flagging policy pivot to Asia.
  The architect of the administration's Asia policy described a subtle change in Chinese thinking as a result of Pyongyang's recent nuclear tests, rocket launches and abandonment of the armistice that ended the 1950-53 war with South Korea.
  Pyongyang has taken similar actions in the past, prompting Washington to step up military readiness in the region to soothe allies South Korea and Japan. But in an unusual rebuke this week, Beijing called North Korea's moves "regrettable" -- amounting to a slap from Pyongyang's strongest economic and diplomatic supporter.
  "They, I think, recognize that the actions that North Korea has taken in recent months and years are in fact antithetical to their own national security interests," former Assistant Secretary of State Kurt Campbell told a panel Thursday at the Johns Hopkins School of Advanced International Studies.
  "There is a subtle shift in Chinese foreign policy" toward North Korea, said Campbell, who retired in February as the administration's top diplomat in East Asia and the Pacific region. "I don't think that provocative path can be lost on Pyongyang. ... I think that they have succeeded in undermining trust and confidence in Beijing."
  State Department spokeswoman Victoria Nuland described "good unity" between the U.S. and China in responding to North Korea.
  "The issue here is to continue to recognize that the threats we share are common, and the approaches are more likely to be more effective if we can work well together," she told reporters Thursday.
  For now, the crisis has given new rise to the White House's decision to bolster U.S. economic and security in the region that for years was sidelined as a priority by war and terrorism in the Middle East and North Africa.
  Much of the policy has centered on China - both in strengthening diplomatic ties and economic trade. But China is an unreliable American ally and has been suspicious about the U.S. entreaty, which it sees as economic competition on its own turf.
  Now, North Korea's threats have focused China and the U.S. on a regional security threat instead of an economic rivalry.
  "Part of the pivot is to also take a more active interest in the security issues in Asia," Sen. Ben Cardin, D-Md., who chairs a committee overseeing East Asia, said in an interview this week. "And clearly, North Korea is the most difficult country and one that represents security issues for the countries in Asia, as well as indirectly affects U.S. interests."
  "With North Korea making these noises, it will require the U.S. to deal with security issues in Asia," Cardin said.
  North Korea has ratcheted up an almost daily string of threats toward the U.S., South Korea and Japan and moved a missile with "considerable range" to its east coast, South Korea's defense minister said Thursday. But he emphasized that the missile was not capable of reaching the United States, and officials in Seoul and Washington agree there are no signs that Pyongyang is preparing for a full-scale conflict.
  Last year, North Korea launched two long-range rockets -- it claims they were satellites but were widely believed to be missiles -- and in February announced it conducted an underground nuclear test. A month later, the country declared its 1953 armistice with South Korea void. And this week, Pyongyang said it would restart a shuttered nuclear reactor and ramp up production of atomic weapons material, and began turning away South Korean workers from jointly run factories in the North.
  Much of the bellicosity is seen as an effort to shore up loyalty among citizens and the military for North Korea's young leader, Kim Jong Un. But U.S. and U.N. sanctions against Pyongyang after the February nuclear test fueled tensions and began the unusually high level of threats.
  It's also a response to annual U.S.-South Korean military drills that -- intentional or not -- antagonize the North. The ongoing drills have shown a conspicuous display of firepower, including flying American bombers and fighter jets in recent weeks over South Korea and off the Korean peninsula's coast, where a U.S. missile-defense ship also has been deployed.
  North Korea's military issued a statement saying its troops have been authorized to counter U.S. "aggression" with "powerful practical military counteractions," including nuclear weapons. Experts doubt Pyongyang is able to launch nuclear-tipped missiles, although the extent of its nuclear arsenal is unclear.
  China historically has been lax on enforcing international sanctions against the North. But in what the U.S. took as a positive development, China signed on to stiffer measures in the latest round of U.N. Security Council sanctions announced after the February nuclear test, and there are initial indications that it's increasing cargo inspections. Whether this will lead to concrete steps that will crimp North Korea's weapons' programs and illicit trade in arms, however, remains to be seen.
  Patrick Cronin, an Asia expert at the Center for a New American Security and a senior State Department official during the George W. Bush administration, said Beijing also is helping set up back-channel negotiations with North Korea to ease the tensions.
  But ultimately, he said, the U.S. isn't likely to succeed in winning China over as a reliable partner against North Korea beyond the current flare-up.
  "There is an opportunity for the U.S. and China to renew cooperation on a North Korean strategy," Cronin said. "But we can't put all of our hopes on that cooperation, because it's been less than satisfying in the past. There are limits to how far China and the U.S. have coincidental interests with regard to North Korea. But it's not enough - because, more likely, we're likely to fail."
  Asia expert and peace activist Hyun Lee agreed that Washington will be unlikely to turn Beijing against North Korea in the long run. But she said China does not want to see a stepped-up U.S. military presence in the region, and Beijing certainly doesn't want a war on its borders.
  China "doesn't want to deal with headaches like the tension between the U.S. and North Korea," said Lee of the Working Group for Peace and Demilitarization in Asia and the Pacific. "I think China is trying to restrain both sides."
  (C) Copyright 2013 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Federal Register | Definitions of ''Predominantly Engaged In Financial Activities'' and ''Significant'' Nonbank Financial Company and Bank Holding Company
  Link to Article
  Archived Version
  Fri, 05 Apr 2013 10:30
  The final rule will become effective on May 6, 2013.
  Laurie Schaffer, Associate General Counsel (202) 452-2272, Paige E. Pidano, Counsel, (202) 452-2803, or Christine E. Graham, Senior Attorney, (202) 452-3005, Legal Division; or Felton C. Booker, Senior Supervisory Financial Analyst, (202) 912-4651, Division of Banking Supervision and Regulation, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW., Washington, DC 20551. Users of Telecommunication Device for Deaf (TDD) only, call (202) 263-4869.
  The Dodd-Frank Act established the Council, which, among other authorities and duties, may subject a ''nonbank financial company'' to supervision by the Board and consolidated prudential standards if the Council determines that material financial distress at the nonbank financial company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the company's activities, could pose a threat to the financial stability of the United States. [1] Nonbank financial companies that are designated by the Council under section 113 of the Dodd-Frank Act are referred to as ''nonbank financial companies supervised by the Board.'' [2]
  The authority of the Council to subject a nonbank financial company to consolidated prudential supervision by the Board is an important component of recent legislative and regulatory changes designed to address gaps and weaknesses in the financial regulatory system that became evident during the financial crisis. These gaps often allowed financial firms whose failure could pose substantial risks to the financial stability of the United States to avoid prudential, consolidated supervision.
  Title I of the Dodd-Frank Act defines a ''nonbank financial company'' to include both a U.S. nonbank financial company and a foreign nonbank financial company. The statute, in turn, defines a ''U.S. nonbank financial company'' as a company (other than a bank holding company and certain other specified types of entities) that is (i) incorporated or organized under the laws of the United States or any State; and (ii) predominantly engaged in financial activities. [3] A ''foreign nonbank financial company'' is defined as a company (other than a company that is, or is treated as, a bank holding company) that is (i) incorporated or organized outside the United States; and (ii) predominantly engaged in financial activities. [4]
  For purposes of Title I of the Dodd-Frank Act, a company is considered to be ''predominantly engaged'' in financial activities if either (i) the annual gross revenues derived by the company and all of its subsidiaries from financial activities, as well as from the ownership or control of an insured depository institution, represent 85 percent or more of the consolidated annual gross revenues of the company; or (ii) the consolidated assets of the company and all of its subsidiaries related to financial activities, as well as related to the ownership or control of an insured depository institution, represent 85 percent or more of the consolidated assets of the company. [5] The Dodd-Frank Act requires the Board to establish the requirements for determining if a company is ''predominantly engaged in financial activities.'' [6]
  Section 165(d)(2) of the Dodd-Frank Act also requires nonbank financial companies supervised by the Board and bank holding companies with total consolidated assets of $50 billion or more to disclose the nature and extent of (i) the company's credit exposure to other significant nonbank financial companies and significant bank holding companies; and (ii) the credit exposure of such significant entities to the company. [7] The terms ''significant nonbank financial company'' and ''significant bank holding company'' are used in section 113 of the Dodd-Frank Act as well, which specifies that the Council must consider the extent and nature of a nonbank company's transactions and relationships with other ''significant nonbank financial companies'' and ''significant bank holding companies,'' among other factors, in determining whether to designate a nonbank financial company for supervision by the Board. [8] The Act does not define the terms ''significant nonbank financial company'' or ''significant bank holding company,'' but instead directs the Board to define those terms by rule. [9]
  On February 11, 2011, the Board invited comment on a proposed rule that would have (i) established the requirements for determining if a company is ''predominantly engaged in financial activities'' for purposes of Title I of the Act and (ii) defined the terms ''significant nonbank financial company'' and ''significant bank holding company'' (''First NPR''). [10] In response to the First NPR, the Board received 23 comments, including comments related to the definition of activities that are financial for purposes of Title I.
  Among other things, these comments indicated that some commenters believed that a firm engaged in financial activities could avoid designation simply by choosing not to comply with the conditions imposed on the manner in which those activities must be conducted by bank holding companies. After considering those comments, as well as the language and legislative intent and history of the Dodd-Frank Act and the Bank Holding Company Act (''BHC Act''), as amended by the Gramm-Leach-Bliley Act (''GLB Act''), on April 2, 2012, the Board invited comment on an amendment to the First NPR to clarify that, consistent with the purpose of Title I, any activity referenced in section 4(k) of the BHC Act will be considered to be a financial activity without regard to conditions that do not define whether an activity is itself financial but were imposed on bank holding companies to ensure that the activity is conducted by bank holding companies in a safe and sound manner or to comply with another provision of law (''Second NPR''). [11] In the Second NPR, the Board proposed an appendix of the list of the activities that would be considered to be financial activities as of April 2, 2012, together with conditions the Board believed necessary to define the activity as a financial activity and excluding conditions that the Board believed were related to the safe and sound conduct of the activity, compliance with other law, or other factors not related to whether the activity was financial, for purposes of determining whether a company is predominantly engaged in financial activities. In response to the Second NPR, the Board received 12 comments.
  The final rule provides clarity for purposes of determining whether particular companies qualify as nonbank financial companies under Title I of the Dodd-Frank Act. This is important both in the context of Council designation as well as for large bank holding companies and nonbank financial companies that are required to report their credit exposures to other significant nonbank financial companies pursuant to section 165(d). In developing this final rule, the Board has considered the comments received on both the First and Second NPRs and the language and purposes of the relevant statutory provisions. In addition, the Board consulted with the other Council members and member agencies.
  After this review, the Board has determined to adopt the attached final rule, which includes several modifications of the earlier proposals to address matters raised by commenters.
  A. Predominantly Engaged in Financial Activities1. Two-Year Test Based on Consolidated Financial StatementsThe First NPR provided that a company would be considered to be predominantly engaged in financial activities if:
  Several commenters asserted that the 85 percent threshold in the revenue and asset tests was too high and that a company should be considered to be ''predominantly engaged in financial activities'' if a lower percentage of the company's revenues are derived from, or a lower percentage of its assets are related to, activities that are financial in nature. The statutory language of the Act establishes that a company will be considered to be predominantly engaged in financial activities if either 85 percent of its revenues are derived from, or 85 percent of its assets are related to, financial activities. The Board does not have the discretion to lower the 85 percent threshold established by Congress. Therefore, the final rule retains the revenue and asset tests described above as proposed in the First NPR.
  The final rule also retains the proposed definition of ''consolidated annual gross financial revenues'' of a company. A company's consolidated annual gross financial revenues would be determined in accordance with applicable accounting standards, and are that portion of the consolidated annual gross revenues derived directly by the company, or indirectly by any of its consolidated subsidiaries, from: (i) Activities that are financial in nature; or (ii) the ownership, control, or activities of an insured depository institution or any subsidiary of an insured depository institution. [13] Similarly, the final rule retains the proposed definition of ''consolidated total financial assets'' of a company, which is that portion of the company's consolidated total assets, as determined in accordance with applicable accounting standards, that are related to (i) activities that are financial in nature, or (ii) the ownership, control, or activities of an insured depository institution or any subsidiary of an insured depository institution. [14]
  As in the First NPR, the final rule provides that computation of assets and revenues for purposes of determining if a company meets the statutory threshold would be based on the relevant company's annual financial revenues in, or financial assets at the end of, either of its two most recent fiscal years. This methodology is designed to account for transitory fluctuations in assets and revenues that may not be indicative of any substantive change in the financial nature of the company or its predominant activities and to allow the Council to effectively fulfill its important responsibilities of designating (and reviewing existing designations of) those nonbank financial companies whose material financial distress could pose a threat to the financial stability of the United States.
  2. Activities that are Financial in NatureThe Dodd-Frank Act provides that financial activities are those activities that have been defined as financial in nature in section 4(k) of the BHC Act. [15] In response to issues raised by comments received on the First NPR, the Board invited comment in the Second NPR on a proposal that any activity described in section 4(k) of the BHC Act would be considered financial in nature under Title I regardless of whether the activity is conducted in conformance with conditions imposed on bank holding companies conducting the activity that do not define the financial activity itself, such as conditions related to safety and soundness or related to compliance with another provision of law, such as the Glass-Steagall Act. The Second NPR included an appendix that enumerated the activities and related conditions the Board proposed to retain as part of the definitions of financial activities under section 4(k) of the BHC Act.
  The Board received several comments on the approach taken in the Second NPR. One commenter expressed support for the approach proposed in the Second NPR, while others raised questions regarding the approach. The final rule generally maintains the approach set forth in the Second NPR, with certain modifications that address matters raised by commenters, including the restoration of several conditions the Board proposed to remove in the Second NPR.
  The Board also received several comments on the First NPR requesting clarity regarding the relationship between certain types of assets and revenues and financial activities. These comments and the Board's responses are described in greater detail below.
  a. Scope of Financial ActivitiesSome commenters asserted that the Board does not have the authority to issue regulations regarding the scope of activities that are financial in nature for purposes of Title I. One commenter asserted that, while the Dodd-Frank Act expressly provides the Board with rulemaking authority regarding the requirements for determining whether a company is predominantly engaged in financial activities, the Board's rulemaking authority is limited to establishing technical guidelines for calculating a company's financial revenues or assets in assessing whether a particular company and its activities fall within the defined terms of ''predominantly engaged'' and ''financial activities,'' such as identifying the accounting methods that may be used in these calculations. [16]
  The Board believes that the approach taken in the Second NPR is authorized under the Dodd-Frank Act's grant of authority to the Board in section 102(b) to establish, by regulation, the requirements for determining if a company is predominantly engaged in financial activities, as defined in section 102(a)(6) of the Dodd-Frank Act. [17] Section 102(a)(6) provides that a company is ''predominantly engaged in financial activities'' if more than 85 percent of the company's and its subsidiaries' annual gross revenues are derived from, or more than 85 percent of the company's and its subsidiaries' consolidated assets are related to, ''activities that are financial in nature'' as defined in section 4(k) of the BHC Act. The identification of the scope of activities that are ''financial in nature'' as defined in section 4(k) of the BHC Act is a necessary requirement for determining whether a company is predominantly engaged in financial activities and, thus, is within the Board's rulemaking authority under section 102(b).
  As noted, section 102(a)(6) refers to ''activities that are financial in nature (as defined in section 4(k) of the Bank Holding Company Act of 1956)).'' Section 4(k) of the BHC Act, added by the GLB Act, authorizes bank holding companies that qualify as ''financial holding companies'' to engage in a wide range of financial activities. [18] Section 4(k) defines as ''financial'' a list of Congressionally-authorized activities added by the GLB Act and activities previously approved by the Board for bank holding companies pursuant to sections 4(c)(8) and (13) of the BHC Act, which are incorporated by reference. Section 4(k) and the Board's rules implementing sections 4(c)(8) and (13) also impose conditions on the conduct of some of those activities for safety and soundness reasons or to comply with other provisions of law. Some of the Congressionally-authorized activities for financial holding companies, such as lending, overlap completely with activities that had been authorized by the Board for bank holding companies. Others expanded the authorization of activities previously approved by the Board for bank holding companies, such as certain insurance activities, by removing the conditions that apply to bank holding companies engaging in the activity. Bank holding companies that are not financial holding companies may only engage in activities previously approved by the Board under sections 4(c)(8) and 4(c)(13) of the BHC Act and are subject to the related conditions.
  While the BHC Act is clear as to the type and scope of activities that are permissible for each category of bank holding company, section 102(b) of the Dodd-Frank Act is silent as to how the overlapping definitions of financial activities and related conditions incorporated in section 4(k) should be applied in determining whether companies that are not bank holding companies are predominantly engaged in financial activities for purposes of Title I. Because section 102 does not address how to apply these overlapping and sometimes inconsistent definitions of financial activities or how to apply the related conditions incorporated in section 4(k) in assessing the financial activities of nonbank firms, the reference in section 102 of the Dodd-Frank Act to financial activities ''as defined in section 4(k)'' is ambiguous. As the agency with sole authority to ''establish, by regulation, the requirements for determining if a company is predominantly engaged in financial activities, as defined in section 102(a)(6),'' it is appropriate for the Board to resolve this ambiguity. [19]
  Under Supreme Court precedent, a statutory term defined by cross-reference to another statute is not alone evidence of clear Congressional intent that the implementing agency construe the term identically. In Environmental Defense v. Duke Energy Corp. (''Duke''), [20] the Court held that the general presumption of statutory construction ''that the same term has the same meaning when it occurs here and there in a single statute,'' may be overcome where context indicates that the term was intended to be construed differently. [21]
  Consistent with the Court's analysis in Duke, the Board believes that neither the text, the context in which the text appears, nor the legislative purpose or history of the Dodd-Frank Act suggests that Congress intended that a nonbank company must engage in financial activities in compliance with all the conditions and requirements imposed under section 4(k) and the Board's implementing regulations in order for the company to be considered to be engaged in the relevant financial activity. A reading of Title I that limited the scope of companies considered to be ''predominantly engaged in financial activities'' to only those companies that conduct activities in compliance with the conditions applicable to bank holding companies would undermine the purpose of Title I and the authority granted by Congress to the Council to protect U.S. financial stability. [22] Defining financial activities for purposes of Title I to include all of the conditions imposed on the conduct of the activities by bank holding companies would lead to the absurd result that some companies that are predominantly engaged in financial activities could avoid consideration for designation by the Council simply by choosing not to abide by one or more conditions that were imposed on bank holding companies to ensure the safe and sound conduct of the activity or compliance with other legal restrictions unrelated to whether the activity is a financial activity.
  The Board's proposed approach to addressing the scope of activities is consistent with Congressional intent as reflected in Title I as well as the legislative history of the Dodd-Frank Act. Other sections of Title I support the view that Congress intended that companies could be eligible for designation by the Council regardless of whether these companies complied with the non-definitional conditions applied to bank holding companies in the implementation of section 4(k). For instance, section 167(a) provides that a nonbank financial company supervised by the Board is not required ''to conform its activities to the requirements of section 4 of the BHC Act.'' [23] This section demonstrates that Congress recognized that nonbank financial companies do not conduct their activities in compliance with the requirements applicable to bank holding companies. It would be illogical to conclude that a company would be eligible for Council designation only if it conducted its financial activities in conformance with the requirements imposed on bank holding companies' conduct of financial activities set forth in section 4(k), but would not be required to conform its financial activities to the conditions imposed on bank holding companies by section 4(k) after being designated by the Council for Board supervision.
  In addition, the Council's anti-evasion authority demonstrates Congress's intent to give the Council the authority to consider a broad range of nonbank financial companies for designation. [24] Section 113(c) of the Dodd-Frank Act gives the Council the authority to subject the financial activities of any company to supervision by the Board if the Council determines, either on its own or pursuant to a recommendation by the Board, that: (i) The company is organized and operates in such a manner to evade application of Title I of the Dodd-Frank Act; and (ii) material financial distress related to, or the nature, scope, size, scale, concentration, interconnectedness, or mix of, the company's financial activities would pose a threat to the financial stability of the United States. [25] Companies that are engaged in activities that are financial in nature, but that alter the manner in which they conduct those activities such that they evade designation by the Council under section 113 and supervision by the Board may be subject to designation by the Council under the special anti-evasion authority in section 113(c).
  The legislative history of the Dodd-Frank Act demonstrates that Congress believed that the statutory definition of a ''nonbank financial company'' would make eligible for Council designation companies that were not bank holding companies but that engaged in a broad range of financial activities. For instance, several members of Congress indicated that, while in their view designation may not be appropriate for mutual funds, the activities conducted by mutual funds, which typically do not conform to the prudential conditions imposed on the investment advisory or management activities of bank holding companies, were financial activities for purposes of Title I. [26] In addition, section 165 of the Dodd-Frank Act, which sets forth the enhanced prudential standards applicable to nonbank financial companies designated by the Council, further illustrates that Congress believed that the activities of investment companies were financial activities. Section 165(b)(1)(A)(i) requires the Board to impose risk-based capital requirements and leverage limits on nonbank financial companies designated by the Board and certain bank holding companies, ''unless the Board of Governors, in consultation with the Council, determines that such requirements are not appropriate for a company subject to more stringent prudential standards because of the activities of such company (such as investment company activities or assets under management) or structure, in which case, the Board of Governors shall apply other standards that result in similarly stringent risk controls.'' [27] This statutory requirement indicates that Congress believed that investment company activities were financial.
  Moreover, references in section 4(k) itself distinguish between financial activities and the conditions imposed on those activities. Among the activities that section 4(k) defines as being ''financial in nature'' are all of the activities that the Board had determined, by regulation or order, prior to November 12, 1999, to be ''so closely related to banking or managing or controlling banks as to be a proper incident thereto (subject to the same terms and conditions contained in such order or regulation, unless modified by the Board)'' under section 4(c)(8) of the BHC Act. [28] By recognizing that the Board could modify the terms and conditions in the orders and rules authorizing these activities, section 4(k) itself recognizes that these terms and conditions do not necessarily determine whether the activity is a financial activity. Pursuant to section 4(k), an activity authorized under section 4(c)(8) is a financial activity regardless of the conditions imposed by rule or order'--all of which may be modified or removed.'' [29]
  One commenter expressed support for the Board's proposal to consider financial activities without regard to the conditions imposed on the conduct of the activities by bank holding companies when considering whether a company is predominantly engaged in financial activities for purposes of Title I. [30] The commenter argued that defining financial activities for purposes of Title I to include all of the conditions imposed on the conduct of the activities by bank holding companies would enable some companies that are predominantly engaged in financial activities to avoid consideration for designation by the Council simply by choosing not to comply with conditions imposed for prudential or other reasons on the manner in which the activities must be conducted by bank holding companies. Some commenters questioned the approach taken in the Second NPR to the extent that it appeared that the approach might cover activities routinely conducted by non-financial firms such as manufacturers or retailers. In these commenters' view, an overly broad interpretation of the definition of financial activities subverts the ''85-percent'' test imposed by statute. In the final rule, the Board has addressed commenters' concerns that activities routinely conducted by non-financial companies could be considered financial through restoration of some of the conditions.
  b. Description of ''Financial Activities''In determining whether or not to include a condition imposed on the scope of an activity or the manner in which an activity may be conducted, the Board considered many factors, including the information and views presented by commenters. The Board also reviewed the statutory language of section 4(k) of the BHC Act and the Board's releases related to the activities that are financial in nature under section 4(k). In addition, the Board reviewed the legislative history of the GLB Act, which itself removed or modified many of the conditions applicable to the conduct of financial activities by bank holding companies and financial holding companies. [31]
  As an initial matter, the Board notes that the only role of this rulemaking is to define activities that are financial. This rulemaking does not designate any specific entity for enhanced supervision under Title I of the Dodd-Frank Act. Authority to designate an entity for enhanced supervision rests exclusively with the Council. Thus, clarity regarding whether any specific entity will be designated under Title I must come from other agencies. [32]
  In the Second NPR, the Board noted that the list of financial activities authorized under section 4(k) included overlapping and redundant activities, and invited comment on whether overlapping or redundant financial activities should be combined or removed, as appropriate, solely for purposes of determining whether a nonbank company is predominantly engaged in financial activities, in order to reduce the ambiguity created by these overlapping and sometimes inconsistent activities and to simplify the proposed appendix. The Board did not receive comment on this request, and, consistent with the Second NPR, the Board has maintained the complete list of financial activities authorized under section 4(k), including the overlapping and redundant activities, in order to ensure completeness and to avoid confusion based on the specific statutory authority relied on in defining an activity. To reduce the ambiguity created by the overlapping and redundant descriptions of financial activities included in the appendix, a company that engages in a particular activity in a manner that does not comply with the narrower definition of the particular activity will be considered to be engaged in a financial activity if its activities are captured by the broader description of the activity.
  The following discussion describes the activities enumerated in the appendix to the final rule that are financial in nature as defined in section 4(k) of the BHC Act for purposes of determining whether a company is predominantly engaged in financial activities. The discussion also identifies the conditions imposed in section 4(k) or by the Board's implementing regulations pursuant to sections 4(c)(8) and (13) that are not reflected in the appendix because they were imposed for safety and soundness considerations or to comply with other provisions of law and, thus, are not relevant for determining whether these activities are considered financial for purposes of determining whether a firm is predominantly engaged in financial activities. As noted previously, the final rule reinstates several conditions that the Board proposed to remove from the definitions of financial activities in the Second NPR. The final rule retains all of the conditions set forth in the description of financial activities specifically enumerated under section 4(k), other than two conditions with respect to the activity of investing as part of a bona fide underwriting or merchant or investment banking activity, and one condition with respect to insurance company portfolio investments, which do not define the activity itself and were imposed for safety and soundness reasons and to ensure compliance with other provisions of law.
  i. Financial activities added to the BHC Act by the GLB ActThe following financial activities were authorized for financial holding companies and added to section 4(k) of the BHC Act by the GLB Act. These activities are financial activities for purposes of determining whether a firm is predominantly engaged in financial activities under Title I.
  ' Lending, Exchanging, Transferring, Investing for Others, and Safeguarding Money or SecuritiesThe activities of lending, exchanging, transferring, investing for others, or safeguarding money or securities are specifically enumerated, without conditions, in section 4(k) of the BHC Act. [33] The activity of ''investing for others'' includes buying, selling, or otherwise acquiring and disposing of money or securities in order to benefit from changes in the value of those assets and distribute profits to investors. These activities are often conducted by investment advisors, wealth managers, limited purpose trust companies, mutual funds, hedge funds, private equity funds, real estate investment trusts, and similar vehicles.
  One commenter asserted that the Board had not authorized bank holding companies to control or be an open-end investment company and that, as a result, open-end investment companies cannot be found to be engaged in financial activities as defined in section 4(k) of the BHC Act. The commenter argued that open-end investment companies (e.g., mutual funds) are not engaged in a financial activity as defined in section 4(k) of the BHC Act, and that the Board should ''reduce uncertainty created by the ambiguity in Title I * * * to make clear to investors and the public that [money market mutual funds] will not be designated * * * under Title I'' of the Dodd-Frank Act. [34] The crux of this commenter's argument is the assertion that the Board has not issued any order approving an application or request by a bank holding company to be or to control a mutual fund [35] and therefore such activities cannot be considered to be financial.
  The Board believes that it is clear that open-end investment companies, such as mutual funds including money market funds, as well as closed-end investment companies, engage in financial activities as defined in section 4(k) of the BHC Act. The Board's regulations have long authorized bank holding companies to engage in organizing, sponsoring, and managing mutual funds and closed-end investment companies and serving as an investment adviser to mutual funds and closed-end investment companies and others using authority described in section 4(k) of the BHC Act. [36] As the commenter recognized, prior to enactment of the GLB Act in 1999, the Board permitted bank holding companies to own more than 5 percent (and up to 25 percent) of the shares of an open-end investment company'--a determination that represents a finding that open-end investment companies engage in a financial activity. [37] The investment limitation reflects a decision by the Board that the public benefits of allowing a bank holding company to own more than 25 percent of the shares of a mutual fund did not outweigh the potential costs consequent with treating the mutual fund as a subsidiary of the bank holding company. Under the BHC Act, the decision to allow a bank holding company to own more than 5 percent of the shares of a mutual fund is sufficient to indicate that the mutual fund itself, which is a company, is engaged in a financial activity. [38] The activity of organizing, sponsoring, and managing a mutual fund was also determined to be usual in connection with the transaction of banking or other financial operations abroad prior to November 11, 1999, and, thus, is incorporated as a financial activity in section 4(k) by the GLB Act. [39] The Board's regulations prohibit bank holding companies from exerting managerial control over the companies in which the mutual fund invests and require bank holding companies to reduce their ownership to less than 25 percent of the equity of the mutual fund within one year of sponsoring the fund. [40] These limitations were imposed to prevent circumvention of the investment restrictions in the BHC Act.
  Moreover, section 4(k) itself authorizes all of the component activities in which a mutual fundengages'--investing for others, [41] merchant banking, [42] investment advice, [43] and underwriting [44] '--as financial. These activities are defined as financial under section 4(k) separately from, and in addition to, those activities previously approved by the Board as being so closely related to banking as to be a proper incident thereto, or usual in connection with the transaction of banking or other financial operations abroad, which are incorporated into the definition of financial activities in section 4(k). [45]
  Section 4(k) specifically defines the activities of underwriting, dealing in, or making a market in securities as a financial activity, which includes key components of sponsoring and distributing mutual funds and investment companies. Section 4(k) also specifically enumerates as financial activities providing financial, investment, and economic advisory services and investing for others, which includes buying, selling, or otherwise acquiring and disposing of money or securities in order to benefit from changes in the value of those assets and distribute profits to investors. Similarly, section 4(k) authorizes merchant banking activities'--which represent investments made for the purpose of profiting from price appreciation'--as financial.
  The fact that the Board has imposed prudential conditions on bank holding companies engaged in the activity of organizing, sponsoring, or managing a mutual fund does not negate the fact that the activity is financial for purposes of section 4(k). [46] Moreover, while open-end investment companies (and other investment vehicles) have not applied to become bank holding companies, the Board does not believe that this in any way reflects a judgment that the companies are not engaged in financial activities. It is more likely a reflection that open-end investment companies (and similar investment vehicles) have chosen not to control banks in order to avoid the capital, risk management, and other supervisory requirements attendant to becoming a bank holding company.
  ' Insurance ActivitiesInsuring, guaranteeing, or indemnifying against loss, harm, damage, illness, disability, or death, or providing and issuing annuities, and acting as principal, agent, or broker for purposes of the foregoing, in any state, are financial activities specifically enumerated in section 4(k) of the BHC Act. [47]
  ' Financial, Investment, and Economic Advisory ServicesFinancial, investment, and economic advisory services are financial activities specifically enumerated in section 4(k) of the BHC Act. [48] These activities may be provided individually or in combination and include discretionary and non-discretionary investment advisory activities. This broad authorization to provide financial, investment, or economic advisory services also includes activities that the Board previously determined were closely related to banking. For example, the Board determined that acting as an investment or financial advisor to any person was closely related to banking, including, without limitation, the activities of sponsoring, organizing, and managing a closed-end investment company, such as a hedge fund, and furnishing general economic information and advice. [49] The Board also previously determined that providing administrative and other services to mutual funds could be provided in connection with acting as an investment or financial advisor as activities that were closely related to banking, as described further below.
  ' Issuing or Selling Instruments Representing Interests in Pools of Bank-Permissible AssetsIssuing or selling instruments representing interests in pools of assets permissible for a bank to hold directly is a financial activity specifically enumerated in section 4(k) of the BHC Act. [50]
  ' Underwriting, Dealing, and Market MakingUnderwriting, dealing in, or making a market in securities is a financial activity specifically enumerated in section 4(k) of the BHC Act, [51] which includes sponsoring and distributing all types of mutual funds and investment companies. [52]
  ' Merchant BankingSection 4(k)(4)(H) of the BHC Act describes the financial activity of acquiring or controlling shares, assets or ownership interests, including debt or equity securities, in a company engaged in any activity not authorized under section 4 of the BHC Act ''as part of a bona fide underwriting or merchant or investment banking activity, including investment activities engaged in for the purpose of appreciation and ultimate resale or disposition of the investment'' [53] (''merchant banking''). Section 4(k)(4)(H) imposes several requirements on financial holding companies seeking to engage in merchant banking activities. In particular, (i) the shares may not be acquired or held by a depository institution; (ii) the shares must be acquired and held by a securities affiliate or an affiliate thereof, or in the case of a financial holding company that has an insurance company affiliate, by an affiliate that provides investment advice to an insurance company and is registered pursuant to the Investment Advisers Act of 1940, or an affiliate thereof; (iii) the shares must be held as part of a bona fide underwriting or merchant or investment banking activity, including investment activities engaged in for the purpose of appreciation and ultimate resale or disposition of the investment; (iv) the shares are held for a period of time to enable the sale or disposition on a reasonable basis consistent with the financial viability of the company's underwriting, merchant, or investment banking activities; and (v) during the period the shares are held, the bank holding company does not routinely manage or operate the company except as may be necessary to obtain a reasonable return on investment upon resale or disposition. [54]
  The condition in section 4(k)(4)(H) requiring that the shares only be held for a period of time to enable their sale or disposition on a reasonable basis consistent with the financial viability of the company's merchant banking activities is an essential element of a bona fide merchant banking activity. Thus, this condition is reflected in the appendix. Bona fide merchant banking activities involve investing with the intent to sell the investment at some later point in time at which a profit is expected to be realized. For example, companies such as hedge funds, mutual funds, and private equity firms [55] that are engaged in bona fide merchant banking activities typically make investments in companies that they believe will increase in value over time and that can be resold at a profit. Hedge funds, mutual funds, and private equity funds invest with the expectation of selling those instruments at a future date in order to realize profits consistent with a particular investment strategy rather than for the purpose of owning and operating the business.
  The Board and the Secretary of the Treasury jointly issued regulations adopting holding periods for merchant banking investments by financial holding companies pursuant to section 4(k)(4)(H). [56] Specific time periods are not set forth in section 4(k) of the BHC Act. As such, they are not included in the definition of merchant banking for purposes of Title I. Nevertheless, the time periods adopted by the Board and the Secretary of the Treasury are instructive in determining whether a nonbank company is engaged in bona fide merchant banking activities. Thus, for purposes of determining whether a nonbank company is predominantly engaged in financial activities under Title I, nonbank companies that acquire and hold shares for the period permitted for financial holding companies under the Board's regulations will be presumed to be holding the shares for the purpose of appreciation and ultimate resale or disposition in accordance with the condition in section 4(k)(4)(H). This presumption will help companies determine whether they are predominantly engaged in financial activities. In addition, this presumption will reduce burden on companies that are required to report their credit exposure to significant bank holding companies and significant nonbank financial companies under section 165(d) of the Dodd-Frank Act. [57]
  The Board recognizes that some investment vehicles may hold shares for longer periods as part of a bona fide merchant banking activity consistent with the vehicle's investment strategy. For this reason, the Council, with respect to the definition of a nonbank financial company for purposes of Title I, or the Board, with respect to the definition of a significant nonbank financial company, also may determine, on a case-by-case basis, that a company that acquires and holds shares for a period of time greater than the period permissible for a financial holding company is engaged in bona fide merchant banking activities for purposes of determining whether the company is predominantly engaged in financial activities.
  The prohibition in section 4(k)(4)(H) on routinely managing a portfolio company, other than for purposes of recognizing a reasonable return on resale or disposition, is an essential element of bona fide merchant banking activities. Thus, this prohibition is reflected in the appendix. As previously discussed, companies engaging in these activities purchase shares of portfolio companies to recognize an ultimate profit, rather than to engage in the underlying activity in which the portfolio company engages as its primary business activity. Routinely managing the companies, other than for the goal of recognizing a reasonable return, may indicate a strategic investment in the operations of another firm.
  Section 4(k) does not define the statutory prohibition of routinely managing a portfolio company. The regulations issued by the Board and the Secretary of the Treasury governing the merchant banking activities of financial holding companies provide guidance on the statutory prohibition of routinely managing a portfolio company in connection with a bona fide merchant banking activity. These regulations are instructive in determining whether a nonbank company is engaged in bona fide merchant banking activities. Therefore, for purposes of determining whether a nonbank company is predominantly engaged in financial activities under Title I, nonbank companies that comply with this guidance regarding the limitations on managing or operating a portfolio company will be presumed to be engaged in a bona fide merchant banking activity. This presumption will reduce burden on companies attempting to determine whether they, or certain of their counterparties, [58] are predominantly engaged in financial activities. The Council or the Board, as appropriate, also may determine, on a case-by-case basis, that an entity that does not comply with the Board's guidance regarding this limitation may still be engaged in a bona fide merchant banking activity for purposes of determining whether the company is predominantly engaged in financial activities.
  By contrast, the condition in section 4(k)(4)(H) requiring a financial holding company engaging in merchant banking activities to have a securities affiliate is not an essential element of bona fide merchant banking activities for determining whether these activities are financial activities. [59] This is evidenced by the fact that section 4(k) does not require that the securities affiliate participate in or play a role with respect to these activities. This condition was designed to ensure that only those financial holding companies with experience engaging in investment, securities, or advisory activities conducted merchant banking activities. Accordingly, this condition is not reflected in the appendix.
  Similarly, the condition in section 4(k)(4)(H) requiring that shares acquired as part of a bona fide merchant banking activity not be acquired or held by a depository institution is not an essential element of such activities, and thus is not reflected in the appendix. This restriction was imposed because banks are restricted from investing in certain types of companies by statute and regulation, and in particular, national banks were prohibited by the GLB Act from engaging in merchant banking activities through a financial subsidiary unless certain findings were made by the Secretary of the Treasury and the Board. [60] The restriction on acquiring or holding investments through a depository institution does not define the activity of merchant banking but rather imposes conditions on holding the investment through one type of corporate affiliate. The condition does not define the activity itself, as financial holding companies, which have bank affiliates, engage in these activities on a regular basis.
  Finally, section 4(k)(4)(H) provides that shares acquired in connection with a bona fide merchant banking activity must be those of a company engaged in an activity not authorized under section 4 of the BHC Act. This provision provided new authority for bank holding companies that qualify as financial holding companies to engage in merchant banking activities with regard to nonbanking firms; bank holding companies were already authorized under other provisions of section 4 of the BHC Act to invest in firms engaged in financial activities. [61] For this reason, the Board has retained this reference to an ''activity not authorized under section 4 of the BHC Act'' in the description of bona fide merchant banking activities. An investment in a company engaged in activities otherwise permissible under section 4 would otherwise be treated as a financial activity under section 4(k)(1) or other provisions of section 4(k). Thus, shares acquired in all types of firms in connection with a bona fide merchant banking activity are effectively included by section 4(k) within the list of permissible financial activities.
  ' Insurance Company Portfolio InvestmentsSection 4(k)(4)(I) of the BHC Act authorizes companies engaged in certain types of insurance activities to make portfolio investments. In particular, financial holding companies are authorized to acquire assets or ownership interests, including debt or equity securities, of a company or other entity engaged in any activity not authorized by section 4(k) if: (i) The shares, assets, or ownership interests are not acquired or held by a depository institution or a subsidiary of a depository institution; (ii) such shares, assets, or ownership interests are acquired and held by an insurance company that is predominantly engaged in underwriting life, accident and health, or property and casualty insurance (other than credit-related insurance) or providing and issuing annuities; (iii) such shares, assets, or ownership interests represent an investment made in the ordinary course of business of such insurance company in accordance with relevant state law governing such investments; and (iv) during the period such shares, assets, or ownership interests are held, the bank holding company does not routinely manage or operate such company except as may be necessary or required to obtain a reasonable return on investment. [62]
  The conditions in section 4(k)(4)(I) requiring that the shares (i) be acquired and held by an insurance company engaged in particular activities, (ii) in the ordinary course of business of the acquiring insurance company in accordance with relevant state law governing such investments, are essential elements of this activity, which was authorized by Congress specifically to permit ''an insurance company that is affiliated with a depository institution to continue to directly or indirectly acquire or control any kind of ownership interest in any company,'' in recognition of the fact ''that as part of the ordinary course of business, insurance companies frequently invest funds received from policyholders by acquiring most or all the shares of stock of a company that may not be engaged in a financial activity.'' [63] Thus, these conditions are reflected in the appendix. In contrast to merchant banking activities described in section 4(k)(4)(H), which requires a financial holding company engaging in such activities to have a securities affiliate, but does not require that the securities affiliate play a role in the activities, section 4(k)(4)(I) requires that the investment activities authorized thereunder be conducted by or through an insurance company.
  The prohibition in section 4(k)(4)(I) on routinely managing a portfolio company, other than for purposes of recognizing a reasonable return on the investment, is an essential element of the investment activities conducted by insurance companies. Thus, this prohibition is reflected in the appendix. As noted previously, insurance companies typically invest policyholder funds in other companies in the ordinary course of business pursuant to state insurance laws. Routinely managing the companies, other than for the purpose of recognizing a return on investment, may indicate a strategic investment in the operations of the other company. [64]
  Section 4(k)(4)(I) requires that shares acquired pursuant to an insurance company's investment activities not be acquired or held by a depository institution. This condition is not an essential element of this activity, and, thus, is not reflected in the appendix. The restriction on acquiring or holding investments through a depository institution does not define the investment activity described in section 4(k)(4)(I), but rather imposes conditions on holding the investment through one type of corporate affiliate. As discussed previously, section 4(k)(4)(I) requires that the investment activities authorized thereunder be conducted by or through an insurance company. In addition, as noted previously, banks are restricted from investing in certain types of companies by statute and regulation. [65] The condition does not define the activity itself, as insurance companies affiliated with depository institutions engage in these activities on a regular basis. [66]
  Finally, as in section 4(k)(4)(H), section 4(k)(4)(I) provides that shares acquired by an insurance company in connection with its investment activities must be those of a company engaged in an activity not authorized under section 4 of the BHC Act. For the same reasons described above, the Board has retained this reference to an ''activity not authorized under section 4 of the BHC Act'' in the description of the investment activities of insurance companies pursuant to section 4(k)(4)(I). An investment in a company engaged in activities otherwise permissible under section 4 would otherwise be treated as a financial activity under section 4(k)(1) or other provisions of section 4(k). Thus, investments by insurance companies in all types of firms are effectively included by section 4(k) within the list of permissible financial activities.
  ' Lending, Exchanging, Transferring, Investing for Others, Safeguarding Financial Assets Other Than Money or Securities, and Other ActivitiesThe activities of lending, exchanging, transferring, investing for others, or safeguarding financial assets other than money or securities; providing any device or other instrumentality for transferring money or other financial assets; and arranging, effecting, or facilitating financial transactions for the account of third parties are financial activities specifically enumerated in section 4(k)(5) of the BHC Act. [67]
  ii. Financial Activities That Are Closely Related to BankingSection 4(k) provides that ''any activity that the Board has determined to be so closely related to banking or managing or controlling banks as to be a proper incident thereto'' is a financial activity. [68] These activities are also financial for purposes of determining whether a firm is predominantly engaged in financial activities under Title I. These activities include the following:
  ' Extending Credit and Servicing LoansMaking, acquiring, brokering, or servicing loans or other extensions of credit (including factoring, issuing letters of credit and accepting drafts) for the company's account or for the account of others were authorized by the Board as activities that are closely related to banking. [69]
  ' Activities Related to Extending CreditActivities usual in connection with making, acquiring, brokering, or servicing loans or other extensions of credit were authorized by the Board as activities that are closely related to banking. [70] These activities include performing appraisals of real estate and personal property (including securities), acting as an intermediary for commercial or industrial real estate financing, providing check guarantee, collection agency, and credit bureau services, engaging in asset management, servicing, and collection activities, acquiring debt in default, and providing real estate settlement services. [71]
  The Board's regulations impose certain conditions on the conduct of these activities that are not relevant for determining whether these activities are considered financial for purposes of determining whether a firm is predominantly engaged in financial activities. For instance, under the Board's regulations, a bank holding company that is arranging financing for commercial or industrial income-producing real estate may not have an interest in, participate in managing or developing, or promote or sponsor the development of a property for which it is arranging financing, or engage in property management or real estate brokerage. [72] These conditions were imposed to clarify that real property management and real estate brokerage activities'--which were not at the time found to be financial activities'--are not indirectly authorized as permissible for bank holding companies through the activity of real estate financing. [73] As such, the appendix reflects the activity of arranging commercial real estate financing without reference to the independent activities of owning, managing, developing, or promoting or sponsoring development of real estate. [74] While neither real estate brokerage nor real estate management are financial activities under section 4(k), a company may engage in these activities and still be predominantly engaged in the financial activity of arranging commercial real estate financing. Under the final rule, only assets and revenues associated with this latter activity are considered financial for purposes of determining whether a firm is predominantly engaged in financial activities.
  Acquiring debt in default also is a financial activity for purposes of determining whether a firm is predominantly engaged in financial activities under Title I as it is an activity that is usual in connection with making, acquiring, brokering, or servicing loans or other extensions of credit. [75] Under the Board's regulations, a bank holding company that acquires debt in default must divest assets securing the debt that are impermissible for bank holding companies to hold within a certain time period, stand only in the position of a creditor, not purchase equity of obligors of debt in default, and not acquire debt in default secured by shares of a bank or bank holding company. These conditions are intended to prevent bank holding companies from circumventing the BHC Act and other provisions of law. For instance, the condition requiring a bank holding company to divest impermissible assets within a certain timeframe was intended to distinguish between a bank holding company's acquisition of debt in default and its retention of impermissible collateral securing the debt. [76] The conditions requiring the bank holding company to stand only in the position of a creditor and not purchase equity of obligors of debt in default are intended to prevent a bank holding company from acquiring assets in connection with a debt previously contracted the ownership of which is prohibited by the BHC Act or other provisions of law. These conditions are not related to defining the financial nature of the activity of acquiring debt in default. [77] The condition requiring that the debt not be secured by shares of a bank or bank holding company was imposed to prevent the bank holding company from circumventing the BHC Act's requirement that a bank holding company obtain approval from the Board before acquiring control of another bank or bank holding company. [78] For these reasons, these conditions are not relevant for determining whether the assets and revenues associated with these activities are considered financial for purposes of determining whether a firm is predominantly engaged in financial activities. The appendix provides that the activity of acquiring debt that is in default at the time of acquisition is a financial activity for purposes of determining whether a company is predominantly engaged in financial activities under Title I without reference to these conditions.
  ' LeasingLeasing personal or real property, and acting as an agent, broker, or adviser for leasing personal or real property were determined to be closely related to banking by the Board. [79] Under the Board's regulations, permissible leasing must involve a lease that is on a nonoperating basis with an initial term of at least 90 days. In addition, leasing involving real property must have the effect of yielding a return that will compensate the lessor for not less than the lessor's full investment plus the estimated cost of financing the property over the term of the lease, and the property must have an estimated residual value that is no more than 25 percent of the acquisition cost of the property. The conditions serve to distinguish between the financial activity of leasing and the nonfinancial activities of real or personal property rental and real estate management. [80] As such, the appendix reflects these conditions in defining the activities of leasing and acting as an agent, broker, or adviser for personal or real property.
  ' Operating Nonbank Depository InstitutionsThe activity of owning, controlling, and operating depository institutions, including industrial banks, Morris Plan banks, industrial loan companies and savings associations that do not qualify as ''banks'' for purposes of the BHC Act was determined to be closely related to banking by the Board. [81] While the Board's regulations require that a thrift owned, controlled, or operated by a bank holding company be engaged only in deposit-taking activities and activities permissible for bank holding companies, the appendix does not include these conditions because they are inconsistent with section 102 of the Dodd-Frank Act, which provides that all revenues from or assets related to the ownership of an insured depository institution shall be considered to be financial.
  ' Trust Company FunctionsThe activities performed by a trust company (including activities of a fiduciary, agency, or custodial nature) that is not a bank for purposes of section 2(c) of the BHC Act were determined to be closely related to banking by the Board. [82]
  ' Financial and Investment Advisory ActivitiesActing as an investment or financial advisor to any person was determined to be closely related to banking by the Board. [83] The activity includes, without limitation, serving as a registered investment adviser to a registered investment company, including sponsoring, organizing, and managing a closed-end investment company; furnishing general economic information and advice, general economic statistical forecasting services, and industry studies; providing advice in connection with mergers, acquisitions, divestitures, investments, joint ventures, leveraged buyouts, recapitalizations, capital structurings, financing transactions and similar transactions; and conducting financial feasibility studies; providing information, statistical forecasting, and advice with respect to any transaction in foreign exchange, swaps, and similar transactions, commodities, and any forward contract, option, future, option on a future, and similar instruments; providing educational courses and instructional materials to consumers on individual financial management matters; and providing tax-planning and tax-preparation services to any person. [84]
  ' Agency Transactional Services for Customer InvestmentsProviding agency transactional services, including providing securities brokerage services, acting as a riskless principal, providing private placement services, and acting as a futures commission merchant were determined to be closely related to banking by the Board. [85]
  Regulation Y imposes conditions on the manner in which bank holding companies may conduct securities brokerage services, act as riskless principal, provide private placement services, and act as a futures commission merchant. For instance, bank holding companies providing securities brokerage services under this authority are limited to buying and selling securities solely as agent for the account of customers and may not conduct securities underwriting or dealing activities. Bank holding companies providing private placement services under this authority may not purchase or repurchase for their own account the securities being placed or hold in inventory unsold portions of issues of those securities. Bank holding companies acting as riskless principal under this authority are subject to conditions with respect to bank-ineligible securities.
  Each of these conditions was intended to prevent a bank holding company from engaging in securities underwriting or dealing activities in connection with the activities of securities brokerage, private placement, or riskless principal, which were impermissible for bank holding companies under the Glass-Steagall Act at the time the activities were authorized. [86] The fact that a firm may retain some portion of shares in connection with, for example, private placement activities, does not affect or negate the financial nature of private placement activities. Moreover, as described elsewhere, securities underwriting and dealing activities were subsequently determined by statute to be financial activities. Thus, the appendix provides that the following activities are financial without the non-definitional conditions:
  '—‹ Providing securities brokerage services (including securities clearing and/or securities execution services on an exchange), whether alone or in combination with investment advisory services, and incidental activities (including related securities credit activities and custodial services).
  '—‹ Buying and selling in the secondary market all types of securities on the order of customers as a ''riskless principal'' in a transaction in which the company purchases (or sells) the security for its own account to offset a contemporaneous sale to (or purchase from) the customer.
  '—‹ Acting as agent for the private placement of securities in accordance with the requirements of the Securities Act of 1933 (1933 Act) and the rules of the Securities and Exchange Commission.
  Under the Board's regulations, a bank holding company acting as a futures commission merchant must conduct the activity through a separately incorporated subsidiary, the contract must be traded on an exchange, and the parent bank holding company may not guarantee that subsidiary's liabilities. The appendix does not reflect these conditions, as they were imposed for the prudential purpose of limiting the transmission of risk from these activities to an insured depository affiliate or the parent bank holding company. [87]
  The Board's regulations also contain a broad provision authorizing a bank holding company to provide ''transactional services for customers involving any derivative or foreign exchange transaction that a bank holding company is permitted to conduct for its own account.'' [88] Specifically, the Board's Regulation Y describes the activity as ''[p]roviding to customers as agent transactional services with respect to swaps and similar transactions, any transaction described in paragraph (b)(8) of this section, any transaction that is permissible for a state member bank, and any other transaction involving a forward contract, option, futures, option on a futures or similar contract (whether traded on an exchange or not) relating to a commodity that is traded on an exchange.'' [89] In the Second NPR, the Board proposed removing the requirement that agent transactional services on certain commodity derivatives transactions be provided only with respect to a commodity that is traded on an exchange (regardless of whether the contract being traded is traded on an exchange) because the limitation was imposed for safety and soundness reasons. In light of comments received, the Board has determined that this condition, while serving a prudential role, also is part of the definition of the authorized activity because it prevents a bank holding company from engaging in the forward sale of commercial products. Because the condition distinguishes the financial activity of engaging in derivatives contracts from the commercial sale of assets, the final appendix includes this condition.
  ' Investment Transactions as PrincipalEngaging in investment transactions as principal, including underwriting and dealing in government obligations and money market instruments, investing and trading as principal in foreign exchange and derivatives, and buying and selling bullion were determined to be closely related to banking by the Board. [90] Under the Board's regulations, bank holding companies engaged in underwriting and dealing in government obligations and money market instruments are subject to the same limitations as would be applicable if the activity were performed by member banks. [91] The appendix does not reflect this limitation because it was intended to prevent circumvention of the Glass-Steagall Act. This condition does not define the activity of engaging in investment transactions as principal and is therefore not relevant for determining whether the activity of underwriting and dealing in government obligations and money market instruments is financial for purposes of determining whether a firm is predominantly engaged in financial activities. [92]
  Under the Board's regulations, engaging in derivatives transactions is a financial activity provided that the derivative contract is not a bank-ineligible security, and either the asset underlying the contract is a bank permissible asset or the contract contains conditions designed to limit the potential that physical settlement would occur. [93]
  In the Second NPR, the Board proposed to remove these conditions in defining derivatives activities that are financial activities. Commenters expressed the view that the conditions requiring cash-settlement were necessary to distinguish between commercial activities involving physically settled derivatives contracts and the types of financial derivative activities conducted by financial companies.
  The Board has considered these comments, as well as the Board's other precedents, in evaluating whether the conditions relating to cash-settlement and assignment or offset are an essential part of the definition of the financial activity of engaging in derivatives activities. These conditions were imposed by the Board originally to reduce the potential that bank holding companies would become involved in and bear the risks of physical possession, transport, storage, and delivery of commodities and to ensure that the commodity derivatives business of a bank holding company is largely limited to acting as a financial intermediary in the facilitation of transactions for customers who use or produce commodities or are otherwise exposed to commodity price risk as part of their regular business. [94] In certain instances, the Board has determined that engaging in physically-settling commodities, physical commodity trading, energy tolling, and energy management services, are activities that are complementary to the financial activity of engaging as principal in commodity derivatives transactions. [95] Under section 4(k) of the BHC Act, complementary activities are those that, although not necessarily financial in nature, are so meaningfully connected to financial activities that they complement those financial activities.
  Based on this review, the Board has determined that these conditions, while serving an important prudential role, are also part of the definition of the authorized activity because they distinguish these derivatives activities from similar derivatives activities that are not conducted as a financial intermediary. Thus, the appendix includes, as a financial activity for purposes of Title I, engaging as principal in forward contracts, options, futures, options on futures, swaps, and similar contracts, whether traded on exchanges or not, based on any rate, price, financial asset (including gold, silver, platinum, palladium, copper, or any other metal), nonfinancial asset, or group of assets, other than a bank-ineligible security [96] if: (i) A state member bank is authorized to invest in the asset underlying the contract; [97] (ii) the contract requires cash settlement; (iii) the contract allows for assignment, termination, or offset prior to delivery or expiration, and the company makes every reasonable effort to avoid taking or making delivery of the asset underlying the contract, or receives and instantaneously transfers title to the underlying asset, by operation of contract and without taking or making physical delivery of the asset; or (iv) the contract does not allow for assignment, termination, or offset prior to delivery or expiration and is based on an asset for which futures contracts or options on futures contracts have been approved for trading on a U.S. contract market by the Commodity Futures Trading Commission, and the company makes every reasonable effort to avoid taking or making delivery of the asset underlying the contract, or receives and instantaneously transfers title to the underlying asset, by operation of contract and without taking or making physical delivery of the asset.
  Similarly, engaging as principal in forward contracts, options, futures, options on futures, swaps, and similar contracts, whether traded on exchanges or not, based on an index of a rate, a price, or the value of any financial asset, nonfinancial asset, or group of assets, is a financial activity only if the contract requires cash settlement.
  Investing and trading in foreign exchange is a financial activity under the Board's regulations.
  The Board also received a comment in response to the Second NPR requesting that the Board clarify that derivatives transactions would not be considered ''financial'' with respect to a commercial manufacturer, producer, shipper, energy, or commodity firm when they are incidental or ancillary to a party's activities as such. Under the Dodd-Frank Act, whether an activity is ''financial'' is determined by the nature of the activity, rather than by what type of firm conducts the activity. Thus, the Board did not amend the appendix to the final rule in this manner.
  ' Management Consulting and Counseling ActivitiesThe Board has authorized management consulting as a permissible activity under several different authorities, each of which are encompassed within the cross-references contained in section 4(k) of the BHC Act. Providing management consulting advice on any matter to unaffiliated depository institutions and on any financial, economic, accounting, or audit matter to any other company (''financial management consulting services'') was determined to be closely related to banking by the Board. [98] Under the Board's regulations, bank holding companies that engage in financial management consulting services also are permitted to provide management consulting services generally to any company other than an unaffiliated depository institution, on any non-financial matter (''non-financial management consulting services''), provided at least 70 percent of the bank holding company's total annual revenue derived from all management consulting services is derived from financial management consulting services. The revenue limitation on providing non-financial management consulting services was designed to limit the involvement of bank holding companies in the provision of management consulting services on non-financial matters to nondepository institutions. The limitations on the authority of bank holding companies to provide non-financial management consulting services does not change the nature of the permissible financial management consulting services done within those limits.
  For purposes of applying the asset and revenue tests under Title I, assets and revenues derived from or associated with any management consulting services to a depository institution and any consulting on financial, economic, accounting, or audit matters to any company, will be considered financial. In addition, because a bank holding company may derive up to 30 percent of its total annual revenue from non-financial management consulting services and still be considered to be engaged in financial management consulting activities under the Board's regulations, for purposes of the applying the asset and revenue tests under Title I, up to 30 percent of a nonbank company's assets or revenues related to non-financial management consulting services will be included in the company's financial assets or revenues.
  The Board's regulations also prohibit a bank holding company providing financial management consulting services from owning or controlling more than 5 percent of the voting securities of a client institution or from having a management interlock. [99] These conditions were intended to ensure that a bank holding company does not effectively exercise control over a client company with which it has a management consulting contract, thereby circumventing the prohibitions and notice requirements applicable to bank holding companies seeking to acquire a controlling interest in a company engaged in nonbanking activities, and to prevent conflicts of interest. [100] However, the Board believes that these conditions also serve a definitional role to distinguish management consulting from the actual conduct of the commercial activity in which a client firm is engaged.
  The authorization for these activities overlaps with, and is largely subsumed under, the broader authority to engage in management consulting services that was determined to be usual in connection with banking abroad, described below. Therefore, a company that engages in management consulting activities in a manner that does not comply with the conditions described above will be considered to be engaged in a financial activity if its management consulting activities are captured by the broader authority.
  Providing employee benefits consulting services to employee benefit, compensation and insurance plans, including designing plans, assisting in the implementation of plans, providing administrative services to plans, and developing employee communication programs for plans was determined to be closely related to banking by the Board. [101] Providing career counseling services also was determined to be closely related to banking by the Board, [102] subject to the condition that the services must be provided to a financial organization and individuals currently employed by, or recently displaced from, a financial organization; to individuals who are seeking employment at a financial organization; or to individuals currently employed in or who are seeking positions in the finance, accounting, and audit departments of any company. These conditions are essential to this activity's being considered financial, and thus, this activity is included in the appendix with these conditions.
  ' Courier Services and Printing and Selling MICR-encoded ItemsThe activity of providing courier services for: (i) Checks, commercial papers, documents, and written instruments (excluding currency or bearer-type negotiable instruments) that are exchanged among banks and financial institutions, and (ii) audit and accounting media of a banking or financial nature and other business records and documents used in processing such media was determined to be closely related to banking by the Board. [103]
  The activity of printing and selling checks and related documents, including corporate image checks, cash tickets, voucher checks, deposit slips, savings withdrawal packages, and other forms that require Magnetic Ink Character Recognition encoding also was determined to be closely related to banking by the Board. [104]
  ' Insurance Agency and UnderwritingCertain insurance activities, including activities related to the provision of credit insurance and insurance in small towns, were determined to be closely related to banking by the Board. [105] Under the Board's regulations, bank holding companies may engage in these activities, subject to various conditions and limitations, which are reflected in the appendix. However, the authorization for these activities overlaps with, and is largely subsumed under, the general authority to engage in insurance underwriting and insurance agency activities discussed above. Therefore, a company that engages in insurance activities in a manner that does not comply with the conditions described above will be considered to be engaged in a financial activity if its insurance activities are captured by the general authority.
  ' Community Development ActivitiesThe activities of making debt and equity investments in corporations or projects that are designed primarily to promote community welfare, and providing advisory and related services for such programs was determined to be closely related to banking by the Board. [106]
  ' Money Orders, Savings Bonds, and Traveler's ChecksIssuing and selling money orders and similar consumer-type payment instruments, selling U.S. savings bonds, and issuing traveler's checks were determined to be closely related to banking by the Board. [107]
  ' Data ProcessingProviding data processing services and related activities with respect to financial, banking, or economic data was determined to be closely related to banking by the Board. [108] Under the Board's regulations, a bank holding company's data processing activities must comply with the conditions that the hardware provided in connection with these services be offered only in conjunction with software related to the processing, storage, and transmission of financial, banking, or economic data, and all general purpose hardware provided with financial software not constitute more than 30 percent of the cost of any packaged offering.
  The restrictions on providing hardware as part of providing financial data processing services were designed to limit the involvement of bank holding companies in the sale of data processing hardware, in particular, the sale of general purpose hardware. The limitations on the authority of bank holding companies to provide hardware as part of financial data processing do not change the nature of the permissible financial data processing done within those limits. For purposes of applying the asset and revenue tests under Title I, only that portion of a firm's data processing that involves providing financial data processing along with related hardware up to the limits imposed on bank holding companies would be considered financial activities. The provision of hardware or nonfinancial data processing beyond those limits would not disqualify the financial data processing revenues or assets, but also would not be considered financial activities.
  ' Mutual Fund Administrative ServicesProviding administrative and other services to mutual funds was determined be closely related to banking by the Board. [109]
  ' Owning Shares of a Securities ExchangeOwning shares of a securities exchange was determined to be closely related to banking by the Board. [110]
  ' Certification ServicesActing as a certification authority for digital signatures and authenticating the identity of persons conducting financial and nonfinancial transactions was determined to be closely related to banking by the Board. [111]
  ' Providing Employment HistoriesProviding employment histories to third parties for use in making credit decisions and to depository institutions and their affiliates for use in the ordinary course of business was determined to be closely related to banking by the Board. [112]
  ' Check-Cashing and Wire-Transmission ServicesProviding check-cashing and wire-transmission services was determined to be closely related to banking by the Board. [113]
  ' Postage, Vehicle Registration, Public Transportation ServicesThe activities of providing notary-public services, selling postage stamps and postage-paid envelopes, providing vehicle registration services, and selling public-transportation tickets and tokens, when offered in connection with banking services, were determined to be closely related to banking by the Board. [114]
  ' Real Estate Title AbstractingEngaging in real estate title abstracting was determined to be closely related to banking by the Board. [115]
  iii. Financial Activities That are Usual in Connection With Banking or Other Financial Operations AbroadSection 4(k) defines as a financial activity ''engaging, in the United States, in any activity that: (i) A bank holding company may engage in outside of the United States; and (ii) the Board has determined pursuant to section 4(c)(13) of the BHC Act to be usual in connection with the transaction of banking or other financial operations abroad.'' [116] These activities are described below.
  ' Management Consulting ServicesAs noted previously, the Board has authorized management consulting as a permissible activity under several different authorities contained in the cross-references in section 4(k) of the BHC Act. In addition to finding that management consulting services are closely related to banking for purposes of section 4(c)(8) of the BHC Act, described above, the Board also determined that providing management consulting services is usual in connection with the transaction of banking or other financial operations abroad under section 4(c)(13) of the BHC Act. [117] Under the Board's regulations, a bank holding company may provide management consulting services, ''including to any person with respect to nonfinancial matters, so long as the management consulting services are advisory and do not allow the financial holding company to control the person to which the services are provided.'' [118]
  In the second NPR, the Board proposed to define this financial activity without regard to the condition that the bank holding company not control a client firm because this condition was imposed to prevent bank holding companies from circumventing the prohibitions and approval requirements in the BHC Act and to prevent conflicts of interest, as described previously. However, the Board believes that this condition also serves a definitional role to distinguish management consulting from the actual conduct of the activities in which a client firm is engaged, which may be commercial in nature. Therefore, the Board has restored this condition to the definition of management consulting activities that will be considered financial for purposes of Title I.
  ' Travel AgencyOperating a travel agency in connection with providing financial services was determined to be usual in connection with the transaction of banking or other financial operations abroad. [119] This activity could be conducted in connection with any of the financial activities listed in this appendix, such as, for example, engaging in credit card activities. [120]
  ' Mutual Fund ActivitiesOrganizing, sponsoring, and managing a mutual fund was determined to be usual in connection with the transaction of banking or other financial operations abroad. [121] This activity is in addition to, and in some ways includes, the financial activity of providing administrative services to mutual funds discussed above. Under the Board's regulations, bank holding companies are prohibited from exerting managerial control over the companies in which the mutual fund invests and must reduce their ownership to less than 25 percent of the equity of the mutual fund within one year of sponsoring the fund. These conditions do not define the essential nature of organizing, sponsoring, or managing a mutual fund. Rather, they were imposed to prevent circumvention of the investment restrictions in the BHC Act. [122] Therefore, they are not reflected in the appendix.
  ' Commercial Banking ActivitiesEngaging in commercial banking and other banking activities was determined to be usual in connection with the transaction of banking or other financial operations abroad. [123] Commercial banking activities include the ownership of a bank, as well as engaging in activities and making investments permissible for a bank. [124] The purchase of liquidity instruments, such as U.S. government securities, is an activity that is permissible for a bank. Some commenters had suggested that assets such as liquidity instruments not be included in a company's financial revenues or assets for purposes of determining whether the company is predominantly engaged in financial activities. However, investing in bank permissible investments is intrinsic to commercial banking. Therefore, a nonbank company's purchase of liquidity instruments would be included in the company's financial revenues and assets.
  c. Implications for Bank Holding CompaniesAs noted in the Second NPR, the activities listed in the appendix would be defined as financial solely for purposes of Title I of the Dodd-Frank Act. The appendix is not intended to amend section 4(k) of the BHC Act for purposes of defining those activities that are permissible for financial holding companies or the manner in which bank holding companies and financial holding companies are permitted to conduct those activities.
  d. Other ActivitiesAs described above, section 4(k) of the BHC Act authorizes the Board, in consultation with the Secretary of the Treasury, to determine in the future that additional activities are ''financial in nature.'' [125] One commenter contended that the universe of financial activities that should be included when calculating either the revenue or asset test should be frozen as of the date on which the Dodd-Frank Act was passed and should not include additional activities that the Board, in consultation with the Secretary of the Treasury, determines in the future to be ''financial in nature.''
  The Board has considered this comment and believes that the language of section 102 of the Dodd-Frank Act is best read as providing that any activities that are considered to be ''financial in nature'' at the time a company is considered under the asset or revenue test to determine whether such company is predominantly engaged in financial activities, should be included in such calculation.
  Section 102 specifically provides that an activity that is ''financial in nature'' as defined in section 4(k) of the BHC Act, shall be considered to be a financial activity for purposes of determining whether a company is predominantly engaged in financial activities. The definition of financial activities under section 4(k) is not static, and, under the terms of section 4(k), may be expanded. In light of the evolving nature of financial markets and companies, the inclusion of all activities that are considered to be financial at the time the determination is made ensures that the definition of ''financial activities'' for purposes of the designation process accurately reflects that evolution. This interpretation also is consistent with the statutory process that requires the Council to revisit designation decisions at least annually. This provision of the statute contemplates that a company's status as a ''nonbank financial company'' would not remain static, but would be reevaluated at different times in the future. This requirement to revisit designation decisions indicates that Congress foresaw that the mix of financial and nonfinancial activities conducted by companies could change over time. A company's mix of financial and nonfinancial activities could change in the future for various reasons, including a determination by the Board and the Secretary of the Treasury, that additional activities should be considered to be financial in nature under section 4(k).
  In addition, the Board believes that this interpretation is consistent with the Council's duties under section 112 of the Dodd-Frank Act, which include monitoring the financial services marketplace to identify potential threats to the financial stability of the United States and providing a forum for discussion and analysis of emerging market developments and financial regulatory issues. The Council's duties and authorities contemplate that the Council will stay abreast of the evolving nature of financial activities, markets, and companies. The inclusion of all activities that are considered to be financial at the time the determination is made helps ensure that the Council fulfills its statutory duties, authorities, and purposes, including its authority to consider any company that is predominantly engaged in financial activities that could pose a threat to U.S. financial stability for designation. The Board, as appropriate, will, on a case-by-case basis, provide assistance to companies in determining whether a particular activity is financial in nature for purposes of Title I. [126]
  3. Equity Investments in Unconsolidated EntitiesThe First NPR included two rules of construction governing the application of the two-year test to revenues and assets attributable to a company's minority equity investments in unconsolidated entities. Under the first proposed rule of construction, the Board proposed to attribute to a company all revenues derived from, and assets related to, the company's equity investment in any unconsolidated company that itself is predominantly engaged in financial activities. [127] This rule of construction would have required companies to determine whether 85 percent or more of an investee company's revenues or assets were attributable to financial activities for purposes of determining whether to treat revenues and assets related to unconsolidated minority investments as financial. Under the second rule of construction, the Board proposed to permit (but not require) a company to treat as nonfinancial the revenues and assets attributable to a limited amount of de minimis equity investments in unconsolidated companies without having to separately determine whether the investee company is itself predominantly engaged in financial activities. [128]
  First Rule of Construction: Unconsolidated InvestmentsSeveral commenters asserted that a company's minority equity investments in an unconsolidated company should not be included in a company's financial revenues or assets when determining whether such company is predominantly engaged in financial activities unless the investment was made in connection with a merchant banking investment as defined in section 4(k) of the BHC Act or was made in a subsidiary of the company. Some commenters expressed the view that requiring a company to determine whether unconsolidated investee companies are themselves predominantly engaged in financial activities would be unduly burdensome.
  In light of the comments, the Board has eliminated the requirement that a company determine whether an unconsolidated company in which it has made an investment is predominantly engaged in financial activities. Rather, the Board has amended the final rule to provide that an investment in an unconsolidated company will be presumed to be made in the course of conducting a financial activity set forth in section 4(k). In the Board's experience, this presumption is appropriate because most companies that derive a significant portion of revenue from, or have significant assets related to, investments in unconsolidated companies (such as hedge funds, private equity funds, or mutual funds) generally hold those investments for purposes of resale in connection with a bona fide merchant or investment banking activity as set forth in section 4(k)(4)(H), make those investments in connection with the activity of investing for others as defined in section 4(k)(4)(A), or invest in companies engaged in financial activities as provided for in section 4(k)(1). This presumption will reduce burden on companies by allowing them to determine whether they are predominantly engaged in financial activities without having to determine whether an unconsolidated company in which it has invested is itself predominantly engaged in financial activities. [129] In addition, this presumption will reduce burden on companies that are required to report their credit exposure to significant bank holding companies and significant nonbank financial companies under section 165(d) of the Dodd-Frank Act, which requires companies subject to this reporting obligation to identify companies that are predominantly engaged in financial activities, and thus, nonbank financial companies.
  However, the Board recognizes that the presumption will not be appropriate in all instances, such as when a company holds an investment in a supplier in order to manage its supply chain more efficiently, to otherwise integrate various aspects of the company's business, or as a joint venture to engage in a business related to the company's primary business, among other possibilities. Accordingly, a company may rebut the presumption that an investment in a particular unconsolidated company is related to a financial activity by providing evidence to the Council, with respect to the definition of a nonbank financial company for purposes of Title I (other than with respect to the definition of a significant nonbank financial company), or the Board, with respect to the definition of a significant nonbank financial company, that the investment is not a merchant banking investment, an investment for others, an investment in a company engaged in activities that are financial in nature, or is not otherwise related to a financial activity. The Council or the Board, as appropriate, will consider this evidence on a case-by-case basis to determine whether the revenues derived from, or the assets related to, a company's investment in an unconsolidated company should be considered to be financial revenues or assets of the company.
  The Board also has amended the first rule of construction to clarify that it would apply to a nonbank company's investment in an unconsolidated company, regardless of whether this investment would constitute a ''minority'' investment under applicable accounting standards. This amendment is intended to address circumstances in which an investor holds more than a majority of an investee company's voting shares but has granted substantive participating rights or similar rights to minority shareholders and, therefore, does not have a controlling financial interest under applicable accounting standards.
  Second Rule of Construction: De Minimis InvestmentsAs noted above, the first NPR contained a second rule of construction that would permit (but not require) a company to treat as nonfinancial the revenues and assets attributable to investments in unconsolidated companies representing less than five percent of any class of outstanding voting shares, and less than 25 percent of the total equity, of the unconsolidated company without having to separately determine whether those companies are themselves predominantly engaged in financial activities. [130] This rule of construction was subject to several conditions designed to limit the potential for these de minimis investments to substantially alter the financial character of the activities of a company. [131]
  In light of the rebuttable presumption discussed above, which provides that the Board will presume that a company's investments in unconsolidated companies are financial as either a merchant banking investment under section 4(k)(4)(H), an investment made for others under section 4(k)(4)(A), or an investment in a company engaged in activities that are financial in nature under section 4(k)(1), and the company's ability to rebut the presumption in consultation with the Board, the second rule of construction is no longer necessary. The Council or the Board as appropriate, will, on a case-by-case basis, consider whether a particular investment is related to an activity that is financial in nature as defined in section 4(k), including investments representing less than five percent of any class of the unconsolidated investee company's outstanding voting shares, and less than 25 percent of the unconsolidated investee company's total equity.
  4. Characterization of Internal Financial Activities and Certain AssetsSeveral commenters requested that the Board clarify whether revenues derived from, or assets related to, internal financial activities should be included as financial revenues or assets when determining whether a company is predominantly engaged in financial activities.
  As the Board explained in the First NPR, the definition of financial activities includes all activities that have been, or may be, determined to be ''financial in nature'' under section 4(k) regardless of where the activity is conducted by a company or whether the company is conducting the activity on an internal or inter-affiliate basis or with a third-party. This view is consistent with the language of the Dodd-Frank Act. Section 102(a)(6) does not distinguish between financial activities conducted internally or those conducted with third parties. This is in sharp contrast to the specific terms of sections 113(c) and 167(b) of the Dodd-Frank Act, which provide that the Board may require a nonbank financial company to conduct its financial activities in an intermediate holding company ''other than'' internal financial activities, including internal treasury, investment, and employee benefit functions. [132] The absence of such an exclusion in section 102(a)(6) indicates that Congress intended that internal financial activities be included for purposes of determining whether a company is predominantly engaged in financial activities as defined in section 102(a)(6).
  In addition, some commenters requested that the Board clarify that particular assets, such as cash, goodwill and other intangibles, and accounts receivable that relate to the company's financing a non-financial activity or product, are not included in a company's assets related to financial activities for purposes of determining whether the company is predominantly engaged in financial activities.
  The Dodd-Frank Act compares assets related to financial activities to a firm's total assets. Cash on hand is not easily mapped to or necessarily used to fund a particular financial activity. Moreover, while a firm may be able to trace the generation of cash to a particular activity internally, the Dodd-Frank Act also contemplates that third parties be able to determine whether a firm is predominantly engaged in financial activities. [133] Third parties are not privy to the type of internal documentation that would allow them to assess whether cash is related to a particular financial activity. Consequently, the final rule excludes cash from a company's consolidated total assets and consolidated total financial assets for purposes of determining whether a company is predominantly engaged in financial activities under the asset test. However, inflows of cash generally may be attributed to particular activities for purposes of the revenue test in the Dodd-Frank Act using the company's cash flow statement. Thus, all revenues, including cash, that are derived from financial activities must be included in the revenue test.
  Holdings of cash equivalents represent investments and are, therefore, related to the financial activity of making bank-permissible investments. Therefore, cash equivalents are assets related to a financial activity for purposes of the asset test.
  Intangible assets generally may be attributed to a particular activity. Accordingly, the final rule treats each intangible asset in the same manner as the transaction or asset that gives rise to the intangible asset. An intangible asset is a financial asset of the company for purposes of the asset test only to the extent that it is related to the conduct of a financial activity. For example, mortgage servicing rights generate an intangible asset derived from an activity determined to be financial under section 4(k) of the BHC Act. On the other hand, goodwill, which is generally recognized as an intangible asset, is generated when a company makes an acquisition at a premium over the fair value of the asset acquired. The final rule allows exclusion of goodwill from the company's consolidated total assets and consolidated total financial assets for purposes of determining whether a company is predominantly engaged in financial activities under the asset test.
  Accounts receivable may, in some cases, be related to the financial activity of extending credit, such as when the firm charges the customer interest over a term in exchange for the credit after a product or service is delivered. In other cases, a company's accounts receivable may simply reflect an agreement to accept payment from customers on a specified date for the company's goods and services. In those instances, the company may simply have provided its customers an accommodation to provide payment by a certain date with no credit terms such as interest. Because accounts receivable may in some cases reflect a company's extensions of credit, the Board has determined that it is most appropriate to treat accounts receivable as related to a financial activity unless a company rebuts this presumption by providing evidence to the Council, with respect to the definition of a nonbank financial company for purposes of Title I (other than with respect to the definition of a significant nonbank financial company), or the Board, with respect to the definition of a significant nonbank financial company, that the receivable is not related to extending credit. As is the case with respect to the other presumptions adopted by the Board in this rulemaking, this presumption will help companies determine whether they are predominantly engaged in financial activities and will reduce burden on companies that are required to report their credit exposure to significant nonbank financial companies under section 165(d) of the Dodd-Frank. A company may rebut this presumption by providing evidence to the Council or the Board that the receivable is not related to extending credit, and the evidence will be considered on a case-by-case basis to determine whether the receivable should be considered to be related to a financial activity.
  As noted previously, the Board recognizes that determining whether and the extent to which particular revenues or assets are related to financial activities may be a complex endeavor, and the Council and the Board, as appropriate, will assist companies on a case-by-case basis that require assistance in determining whether the company is predominantly engaged in financial activities.
  5. Appropriate Accounting StandardsUnder the two-year test set forth in the First NPR, the amount of a company's financial revenues and financial assets would be calculated as a percentage of the company's consolidated annual gross revenues and consolidated total assets, respectively, as determined under and in accordance with (1) U.S. generally accepted accounting principles (GAAP), if the company uses GAAP in the ordinary course of its business in preparing its consolidated financial statements, (2) International Financial Reporting Standards (IFRS), if the company uses IFRS in the ordinary course of its business in preparing its consolidated financial statements, or (3) such other accounting standards that the Board determines are appropriate. [134] The final rule retains this provision, but provides that the Council, with respect to the definition of a nonbank financial company for purposes of Title I of the Dodd-Frank Act (other than with respect to the definition of a significant nonbank financial company), or the Board, with respect to the definition of a significant nonbank financial company, may determine that an accounting standard other than GAAP or IFRS is appropriate on a case-by-case basis. [135] In determining whether an accounting standard other than GAAP or IFRS is appropriate, the Board expects that the Council and the Board would consider various factors, including whether the accounting standard is used by the company in the ordinary course of its business in preparing its consolidated financial statements. Reliance on an accounting standard that the company uses in the ordinary course reduces the potential for companies to arbitrage the 85 percent financial test by changing the accounting standards used for these purposes.
  As the Board explained in the First NPR, the rule allows companies to use their consolidated, year-end financial statements (prepared in accordance with the accounting standards discussed above) as the basis for determining their annual gross revenues and consolidated assets for purposes of the two-year test. This methodology is likely to provide a transparent, accurate, and comparable basis for determining such amounts across companies and, thus, should facilitate the ability of a company, the Council, and the Board to determine whether a company is a nonbank financial company for purposes of Title I of the Dodd-Frank Act. Moreover, allowing companies to use the year-end consolidated financial statements that they already prepare for financial reporting or other purposes should help reduce potential burden.
  6. Timing of DeterminationThe final rule provides the Council and the Board with the flexibility, in appropriate circumstances, to consider whether a company meets the statute's 85 percent financial revenue or asset test based on the full range of information that may be available concerning the company's activities and assets (including information obtained from other Federal or state financial supervisors or agencies) at any time rather than only as reflected in the company's year-end consolidated financial statements. [136]
  For example, the Board notes that the mix of a company's revenues or assets, as well as the risks the company could pose to the U.S. financial system, may change significantly and quickly as a result of various types of transactions or actions, such as a merger, consolidation, acquisition, establishment of a new business line, or the initiation of a new activity. Moreover, these transactions and actions may occur at any time during a company's fiscal year and, accordingly, the effects of the transactions or actions may not be reflected in the year-end consolidated financial statements of the company for several months.
  Section 242.3(a)(3) of the final rule would allow the Council, with respect to the definition of a nonbank financial company for purposes of Title I (other than with respect to the definition of a significant nonbank financial company), or the Board, with respect to the definition of a significant nonbank financial company, to promptly consider the effect of changes in the nature or mix of a company's activities as a result of such a transaction or action. The Board expects that the Council and the Board would conduct such a case-by-case review of whether a company is predominantly financial only when justified by the circumstances. In addition, this authority would enable the Council and the Board, in appropriate circumstances, to determine whether a company that does not prepare consolidated financial statements is predominantly engaged in financial activities through consultation with the company.
  B. Significant Nonbank Financial Company and Significant Bank Holding CompanyAs discussed above, the Dodd-Frank Act requires the Board to define the terms ''significant nonbank financial company'' and ''significant bank holding company'' by rule. [137]
  The First NPR defined a ''significant nonbank financial company'' to mean (i) any nonbank financial company supervised by the Board; and (ii) any other nonbank financial company that had $50 billion or more in total consolidated assets as of the end of its most recently completed fiscal year. The final rule retains this definition. The final rule defines a ''significant bank holding company,'' as ''any bank holding company or company that is, or is treated in the United States as, a bank holding company, that had $50 billion or more in total consolidated assets as of the end of the most recently completed calendar year'' as reported by the bank holding company or company that is, or is treated in the United States as, a bank holding company on the appropriate Federal Reserve form.
  Several commenters provided suggestions regarding the $50 billion asset threshold established in the proposed definitions of ''significant nonbank financial company'' and ''significant bank holding company.'' One commenter requested that the Board adjust the threshold for inflation, and another commenter suggested that the Board define ''significant nonbank financial company'' to include only those firms that the Council has designated for Board supervision under section 113 and eliminate that portion of the definition based on the $50 billion asset threshold.
  The Board designed the threshold to provide a transparent standard that other companies and the Council may use in meeting their respective statutory obligations to consider the relationships of companies with ''significant'' nonbank financial companies and bank holding companies. The requirement that firms calculate their exposure to significant nonbank financial companies and bank holding companies based on widely-used and transparent standards likely will reduce the burden imposed on the Council and those firms that are required to calculate their exposure to significant entities.
  In establishing this threshold, the Board considered its supervisory experience with bank holding companies. The Board also considered the fact that Congress established $50 billion in total consolidated assets as the threshold (without an inflation adjustment) at which bank holding companies should be subject to enhanced prudential supervision without any special determination by the Council that the bank holding company's failure would pose a threat to financial stability. The Board also notes that a company that meets the definition of either a ''significant'' nonbank financial company or bank holding company would not be subject to any additional supervision or regulation by virtue of that definition.
  For these reasons, the Board has concluded that there is a sufficient basis for adopting the $50 billion threshold for purposes of defining ''significant'' nonbank financial companies and bank holding companies. The Board has determined not to include an inflation adjustment provision in the final rule. An inflation adjustment would add complexity and burden to the definition without any significant benefit in more accurately defining the relevant terms. However, the Board may consider amending the $50 billion threshold in the future if the Board determines that such reconsideration is appropriate.
  Several commenters suggested that the Board exclude certain assets from the calculation of a nonbank financial company's ''total consolidated assets,'' despite the consolidation of such assets on the company's balance sheet under GAAP or other appropriate accounting standards. For instance, several commenters requested that the Board exclude managed assets and investment fund assets when calculating the total assets of the asset manager or fund adviser in situations in which applicable accounting standards provide for the consolidation of such assets on the balance sheets of the asset manager and the fund adviser, respectively. The commenters contended that exclusion of such assets was appropriate, because such assets are not the at-risk assets of the manager or adviser.
  Another commenter requested that the calculation of the $50 billion threshold with respect to asset managers and fund advisers exclude capitalized goodwill and other intangibles that are not financial assets that are impacted by temporary market movements, and for which the clients have no direct or indirect ownership interest. Commenters also suggested that separate investment funds managed by the same investment adviser not be consolidated when measuring total consolidated assets of the adviser. With respect to the definition of a ''significant bank holding company,'' one commenter suggested that the $50 billion asset calculation should include only the U.S.-based assets of the bank holding company or foreign bank treated as a bank holding company, rather than the company's worldwide consolidated assets.
  The Board has considered these comments and has retained the requirements in the final rule that the calculation of ''total consolidated assets'' of a nonbank financial company include a company's worldwide consolidated assets as determined in accordance with GAAP, IFRS, or other appropriate accounting standards. The Board believes that the determination of total consolidated assets based on applicable accounting principles provides a reliable, uniform (across a given accounting framework), and simple approach that is most readily applied by the Council, the Board, and affected companies with the least burden. Any other approach would require the Council, the Board, and affected companies to obtain information from the ''significant'' firms and make adjustments to the reported assets of the firm, which would be burdensome and potentially unreliable.
  The Board also has retained the proposed definition of a ''significant bank holding company'' as any bank holding company or foreign bank or company that is treated as a bank holding company that had $50 billion or more in total consolidated assets as of the end of the most recently completed calendar year (as reported by the bank holding company or foreign bank on the appropriate Federal Reserve form), based on the bank holding company's consolidated worldwide assets. Using worldwide consolidated assets measures the significance of a bank holding company and, as above, imposes the least burden on the Council, the Board, and the relevant entities.
  Several commenters requested that the Board highlight the distinction between ''significant'' nonbank financial companies and nonbank financial companies that are designated by the Council for supervision by the Board under section 113 of the Dodd-Frank Act. Qualifying as a significant nonbank financial company is not tantamount to a determination by the Council to subject a nonbank financial company to heightened prudential supervision by the Board under section 113 of the Dodd-Frank Act. A company that is considered to be a significant bank holding company or a significant nonbank financial company does not become subject to any additional supervision or regulation by virtue of that definition.
  One commenter expressed concern that the proposed rule neither established a procedure under which a company could determine whether it were a ''significant'' nonbank financial company, nor imposed a requirement that a company calculate or publish its classification as significant. Like the proposed rule, the final rule does not impose a requirement that a company determine whether it meets the definition of either a ''significant'' nonbank financial company or bank holding company, because a company is not required to report its status as ''significant'' to the Board. Rather, the determination regarding a company's status as ''significant'' as provided in the final rule is intended to be self-executing and based on readily available financial statements.
  One commenter suggested that the Board consider defining ''significant'' companies differently for purposes of sections 113 and 165(d)(2) of the Act. As the Board discussed in the proposed rule, while the Board alone is responsible for defining ''significant'' nonbank financial companies and bank holding companies for purposes of section 113, the Board and the FDIC are jointly responsible for developing rules to implement the credit exposure reporting requirements under section 165(d)(2), under which nonbank financial companies supervised by the Board and bank holding companies and foreign banks treated as bank holding companies with $50 billion or more in assets must report their credit exposure to ''significant'' nonbank financial companies and bank holding companies. The Board and the FDIC sought comment on a joint proposed rule on April 12, 2011, to implement the provisions of section 165(d), including the credit exposure reporting requirements. [138] The joint proposed rule adopted the same definitions of the terms ''significant'' nonbank financial company and bank holding company as proposed by the Board in the First NPR, and as adopted in this final rulemaking.
  Several commenters requested that the final rule address circumstances under which a determination that a company is a significant nonbank financial company or bank holding company would be treated by the Board as confidential under the Freedom of Information Act. Other commenters requested that the Board refrain from publishing a list of significant nonbank financial companies and bank holding companies.
  Because neither the statute nor the final rule requires a significant nonbank financial company or bank holding company to report its status as ''significant'' to the Board, the statute and the final rule also do not require the Board to make a determination regarding whether a nonbank financial company or bank holding company is ''significant.'' Moreover, because the Dodd-Frank Act imposes requirements on certain firms that deal with ''significant'' nonbank financial companies and bank holding companies, and not on the nonbank financial companies or bank holding companies themselves, it is important that firms that must identify significant companies can do so without impediments on the availability of information.
  begin regulatory text
  § 242.1 Authority and purpose.(a) Authority. This part is issued by the Board pursuant to sections 102(a)(7) and (b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) (12 U.S.C. 5311(a)(7) and (b)).
  (b) Purpose. (1) This part establishes the criteria for determining if a company is ''predominantly engaged in financial activities'' as required under section 102(b) of the Dodd-Frank Act (12 U.S.C. 5311(b)) for purposes of Title I of the Dodd-Frank Act.
  (2) This part defines the terms ''significant nonbank financial company'' and ''significant bank holding company'' as provided in section 102(a)(6) of the Dodd-Frank Act for purposes of'--
  (i) Section 113 of the Dodd-Frank Act (12 U.S.C. 5323) relating to the designation of nonbank financial companies by the Financial Stability Oversight Council (Council) for supervision by the Board; and
  (ii) Section 165(d)(2) of the Dodd-Frank Act (12 U.S.C. 5365(d)(2)) relating to the credit exposure reports required to be filed by'--
  (A) A nonbank financial company supervised by the Board; and
  (B) A bank holding company or foreign bank subject to the Bank Holding Company Act (BHC Act) (12 U.S.C. 1841et seq.) that has $50 billion or more in total consolidated assets.
  § 242.2 Definitions.For purposes of this part, the following definitions shall apply:
  Applicable accounting standards.'--The term ''applicable accounting standards'' with respect to a company means:
  (1) U.S. generally accepted accounting principles (GAAP), if the company uses GAAP in the ordinary course of its business in preparing its consolidated financial statements;
  (2) International Financial Reporting Standards (IFRS), if the company uses IFRS in the ordinary course of its business in preparing its consolidated financial statements, or
  (3) Such other accounting standards that the Council, with respect to the definition of a nonbank financial company for purposes of Title I of the Dodd-Frank Act (other than with respect to the definition of a significant nonbank financial company), or the Board, with respect to the definition of a significant nonbank financial company, determines are appropriate on a case-by-case basis.
  Foreign nonbank financial company.'--The term ''foreign nonbank financial company'' means a company (other than a company that is, or is treated in the United States, as a bank holding company) that is'--
  (1) Incorporated or organized in a country other than the United States; and
  (2) Predominantly engaged in (including through a branch in the United States) financial activities as defined in § 242.3 of this part.
  Nonbank financial company.'--The term ''nonbank financial company'' means a U.S. nonbank financial company and a foreign nonbank financial company.
  Nonbank financial company supervised by the Board.'--The term ''nonbank financial company supervised by the Board'' means a nonbank financial company or other company that the Council has determined under section 113 of the Dodd-Frank Act (12 U.S.C. 5323) should be supervised by the Board and for which such determination is still in effect.
  State.'--The term ''State'' includes any State, commonwealth, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the United States Virgin Islands.
  U.S. nonbank financial company.'--The term ''U.S. nonbank financial company'' means a company that'--
  (1) Is incorporated or organized under the laws of the United States or any State;
  (2) Is predominantly engaged in financial activities as defined in § 242.3 of this part; and
  (3) Is not'--
  (i) A bank holding company;
  (ii) A Farm Credit System institution chartered and subject to the provisions of the Farm Credit Act of 1971 (12 U.S.C. 2001et seq.);
  (iii) A national securities exchange (or parent thereof), clearing agency (or parent thereof, unless the parent is a bank holding company), security-based swap execution facility, or security-based swap data repository that, in each case, is registered with the Securities and Exchange Commission as such; or
  (iv) A board of trade designated as a contract market (or parent thereof), a derivatives clearing organization (or parent thereof, unless the parent is a bank holding company), a swap execution facility, or a swap data repository that, in each case, is registered with the Commodity Futures Trading Commission as such.
  § 242.3 Nonbank companies ''predominantly engaged'' in financial activities.(a) In general. A company is ''predominantly engaged in financial activities'' for purposes of this section if'--
  (1) The consolidated annual gross financial revenues of the company in either of its two most recently completed fiscal years represent 85 percent or more of the company's consolidated annual gross revenues (as determined in accordance with applicable accounting standards) in that fiscal year;
  (2) The consolidated total financial assets of the company as of the end of either of its two most recently completed fiscal years represent 85 percent or more of the company's consolidated total assets (as determined in accordance with applicable accounting standards) as of the end of that fiscal year; or
  (3) The Council, with respect to the definition of a nonbank financial company for purposes of Title I of the Dodd-Frank Act (other than with respect to the definition of a significant nonbank financial company), or the Board, with respect to the definition of a significant nonbank financial company, determines, based on all the facts and circumstances, that'--
  (i) The consolidated annual gross financial revenues of the company represent 85 percent or more of the company's consolidated annual gross revenues; or
  (ii) The consolidated total financial assets of the company represent 85 percent or more of the company's consolidated total assets.
  (b) Consolidated annual gross financial revenues. For purposes of this section, the ''consolidated annual gross financial revenues'' of a company means that portion of the consolidated annual gross revenues of the company (as determined in accordance with applicable accounting standards) that are derived, directly or indirectly, by the company or any of its subsidiaries from'--
  (1) Activities that are financial in nature; or
  (2) The ownership, control, or activities of an insured depository institution or any subsidiary of an insured depository institution.
  (c) Consolidated total financial assets. For purposes of this section, the ''consolidated total financial assets'' of a company means that portion of the consolidated total assets of the company (as determined in accordance with applicable accounting standards) that are related to'--
  (1) Activities that are financial in nature; or
  (2) The ownership, control, or activities of an insured depository institution or any subsidiary of an insured depository institution.
  (d) Activities that are financial in nature'--(1) In general. For purposes of determining whether a company is predominantly engaged in financial activities under this section, activities that are financial in nature are set forth in the appendix to this part. Nothing in this part limits the authority of the Board under any other provision of law or regulation to modify the activities determined to be financial in nature for purposes of this section or for purposes of the BHC Act or to provide interpretations of section 4(k) of the BHC Act.
  (2) Effect of other authority. Any activity described in the appendix is financial in nature for purposes of this part regardless of whether'--
  (i) A bank holding company (including a financial holding company or a company that is, or is treated in the United States as, a bank holding company) may be authorized to engage in the activity, or own or control shares of a company engaged in such activity, under any other provisions of the BHC Act or other Federal law including, but not limited to, section 4(a)(2), section 4(c)(5), section 4(c)(6), section 4(c)(7), section 4(c)(9), or section 4(c)(13) of the BHC Act (12 U.S.C. 1843(a)(2), (c)(5), (c)(6), (c)(7), (c)(9), or (c)(13)) and the Board's implementing regulations; or
  (ii) Other provisions of Federal or state law or regulations prohibit, restrict, or otherwise place conditions on the conduct of the activity by a bank holding company (including a financial holding company or a company that is, or is treated in the United States, as a bank holding company) or bank holding companies generally.
  (e) Rules of construction. For purposes of determining whether a company is predominantly engaged in financial activities under this section'--
  (1) Unconsolidated investments. (i) Unless otherwise determined by the Council or the Board in accordance with paragraph (e)(1)(ii) of this section, revenues derived from, and assets related to, an investment by the company in an entity whose financial statements are not consolidated with those of the company are presumed to be financial in nature.
  (ii) A company may seek to rebut the presumption described in paragraph (e)(1)(i) of this section by providing evidence to the Council, with respect to the definition of a nonbank financial company for purposes of Title I of the Dodd-Frank Act (other than with respect to the definition of a significant nonbank financial company), or the Board, with respect to the definition of a significant nonbank financial company, that the shares or ownership interests are not held in connection with a bona fide merchant or investment banking activity, are not held in connection with the activity of investing for others, do not represent an investment in an entity engaged in activities that are financial in nature as defined in the appendix, or are not otherwise related to a financial activity.
  (2) Accounts receivable. (i) Unless otherwise determined by the Council or the Board in accordance with paragraph (e)(2)(ii) of this section, an account receivable is presumed to be an asset related to the financial activity of extending credit.
  (ii) A company may seek to rebut the presumption described in paragraph (e)(2)(i) of this section by providing evidence to the Council, with respect to the definition of a nonbank financial company for purposes of Title I of the Dodd-Frank Act (other than with respect to the definition of a significant nonbank financial company), or the Board, with respect to the definition of a significant nonbank financial company, that the account receivable is not related to a financial activity.
  (3) Goodwill. Goodwill is excluded from a company's consolidated total assets and consolidated total financial assets.
  (4) Cash and cash equivalents. (i) Cash is excluded from a company's consolidated total assets and consolidated total financial assets.
  (ii) Cash equivalents are assets related to a financial activity.
  (5) Intangible assets. Intangible assets are treated in the same manner as the transaction or asset that gives rise to the intangible asset.
  § 242.4 Significant nonbank financial companies and significant bank holding companies.For purposes of Title I of the Dodd-Frank Act, the following definitions shall apply:
  (a) Significant nonbank financial company. A ''significant nonbank financial company'' means'--
  (1) Any nonbank financial company supervised by the Board; and
  (2) Any other nonbank financial company that had $50 billion or more in total consolidated assets (as determined in accordance with applicable accounting standards) as of the end of its most recently completed fiscal year.
  (b) Significant bank holding company. A ''significant bank holding company'' means any bank holding company or company that is, or is treated in the United States as, a bank holding company, that had $50 billion or more in total consolidated assets as of the end of the most recently completed calendar year, as reported on either the Federal Reserve's FR Y-9C (Consolidated Financial Statement for Bank Holding Companies), or any successor form thereto, or the Federal Reserve's Form FR Y-7Q (Capital and Asset Report for Foreign Banking Organizations), or any successor form thereto.
  (a) Lending, exchanging, transferring, investing for others, or safeguarding money or securities.
  (b) Insuring, guaranteeing, or indemnifying against loss, harm, damage, illness, disability, or death, or providing and issuing annuities, and acting as principal, agent, or broker for purposes of the foregoing, in any state.
  (c) Providing financial, investment, or economic advisory services, including advising an investment company (as defined in section 3 of the Investment Company Act of 1940).
  (d) Issuing or selling instruments representing interests in pools of assets permissible for a bank to hold directly.
  (e) Underwriting, dealing in, or making a market in securities.
  (f) Engaging in any activity that the Board has determined to be so closely related to banking or managing or controlling banks as to be a proper incident thereto, which include'--
  (1) Extending credit and servicing loans. Making, acquiring, brokering, or servicing loans or other extensions of credit (including factoring, issuing letters of credit and accepting drafts) for the company's account or for the account of others.
  (2) Activities related to extending credit. Any activity usual in connection with making, acquiring, brokering or servicing loans or other extensions of credit, including the following activities:
  (i) Real estate and personal property appraising. Performing appraisals of real estate and tangible and intangible personal property, including securities.
  (ii) Arranging commercial real estate equity financing. Acting as intermediary for the financing of commercial or industrial income-producing real estate by arranging for the transfer of the title, control, and risk of such a real estate project to one or more investors.
  (iii) Check-guaranty services. Authorizing a subscribing merchant to accept personal checks tendered by the merchant's customers in payment for goods and services, and purchasing from the merchant validly authorized checks that are subsequently dishonored.
  (iv) Collection agency services. Collecting overdue accounts receivable, either retail or commercial.
  (v) Credit bureau services. Maintaining information related to the credit history of consumers and providing the information to a credit grantor who is considering a borrower's application for credit or who has extended credit to the borrower.
  (vi) Asset management, servicing, and collection activities. Engaging under contract with a third party in asset management, servicing, and collection [1] of assets of a type that an insured depository institution may originate and own.
  (vii) Acquiring debt in default. Acquiring debt that is in default at the time of acquisition.
  (viii) Real estate settlement servicing. Providing real estate settlement services. [2]
  (3) Leasing personal or real property. Leasing personal or real property or acting as agent, broker, or adviser in leasing such property if:
  (i) The lease is on a nonoperating basis; [3]
  (ii) The initial term of the lease is at least 90 days; and
  (iii) In the case of leases involving real property:
  (A) At the inception of the initial lease, the effect of the transaction will yield a return that will compensate the lessor for not less than the lessor's full investment in the property plus the estimated total cost of financing the property over the term of the lease from rental payments, estimated tax benefits, and the estimated residual value of the property at the expiration of the initial lease; and
  (B) The estimated residual value of property for purposes of paragraph (f)(3)(iii)(A) of this section shall not exceed 25 percent of the acquisition cost of the property to the lessor.
  (4) Operating nonbank depository institutions.
  (i) Industrial banking. Owning, controlling, or operating an industrial bank, Morris Plan bank, or industrial loan company that is not a bank for purposes of the BHC Act.
  (ii) Operating savings associations. Owning, controlling, or operating a savings association.
  (5) Trust company functions. Performing functions or activities that may be performed by a trust company (including activities of a fiduciary, agency, or custodial nature), in the manner authorized by federal or state law that is not a bank for purposes of section 2(c) of the Bank Holding Company Act.
  (6) Financial and investment advisory activities. Acting as investment or financial advisor to any person, including (without, in any way, limiting the foregoing):
  (i) Serving as investment adviser (as defined in section 2(a)(20) of the Investment Company Act of 1940, 15 U.S.C. 80a-2(a)(20)), to an investment company registered under that act, including sponsoring, organizing, and managing a closed-end investment company;
  (ii) Furnishing general economic information and advice, general economic statistical forecasting services, and industry studies;
  (iii) Providing advice in connection with mergers, acquisitions, divestitures, investments, joint ventures, leveraged buyouts, recapitalizations, capital structurings, financing transactions and similar transactions, and conducting financial feasibility studies; [4]
  (iv) Providing information, statistical forecasting, and advice with respect to any transaction in foreign exchange, swaps, and similar transactions, commodities, and any forward contract, option, future, option on a future, and similar instruments;
  (v) Providing educational courses, and instructional materials to consumers on individual financial management matters; and
  (vi) Providing tax-planning and tax-preparation services to any person.
  (7) Agency transactional services for customer investments.
  (i) Securities brokerage. Providing securities brokerage services (including securities clearing and/or securities execution services on an exchange), whether alone or in combination with investment advisory services, and incidental activities (including related securities credit activities and custodial services).
  (ii) Riskless principal transactions. Buying and selling in the secondary market all types of securities on the order of customers as a ''riskless principal'' to the extent of engaging in a transaction in which the company, after receiving an order to buy (or sell) a security from a customer, purchases (or sells) the security for its own account to offset a contemporaneous sale to (or purchase from) the customer.
  (iii) Private placement services. Acting as agent for the private placement of securities in accordance with the requirements of the Securities Act of 1933 (1933 Act) and the rules of the Securities and Exchange Commission.
  (iv) Futures commission merchant. Acting as a futures commission merchant for unaffiliated persons in the execution, clearance, or execution and clearance of any futures contract and option on a futures contract.
  (v) Other transactional services. Providing to customers as agent transactional services with respect to swaps and similar transactions, any transaction described in paragraph (f)(8) of this appendix, any transaction that is permissible for a state member bank, and any other transaction involving a forward contract, option, futures, option on a futures or similar contract (whether traded on an exchange or not) relating to a commodity that is traded on an exchange.
  (8) Investment transactions as principal.
  (i) Underwriting and dealing in government obligations and money market instruments. Underwriting and dealing in obligations of the United States, general obligations of states and their political subdivisions, and other obligations that state member banks of the Federal Reserve System may be authorized to underwrite and deal in under 12 U.S.C. 24 and 335, including banker's acceptances and certificates of deposit.
  (ii) Investing and trading activities. Engaging as principal in:
  (A) Foreign exchange;
  (B) Forward contracts, options, futures, options on futures, swaps, and similar contracts, whether traded on exchanges or not, based on any rate, price, financial asset (including gold, silver, platinum, palladium, copper, or any other metal), nonfinancial asset, or group of assets, other than a bank-ineligible security, [5] if'--
  (1) A state member bank is authorized to invest in the asset underlying the contract;
  (2) The contract requires cash settlement;
  (3) The contract allows for assignment, termination, or offset prior to delivery or expiration, and the company'--
  (i) Makes every reasonable effort to avoid taking or making delivery of the asset underlying the contract; or
  (ii) Receives and instantaneously transfers title to the underlying asset, by operation of contract and without taking or making physical delivery of the asset; or
  (4) The contract does not allow for assignment, termination, or offset prior to delivery or expiration and is based on an asset for which futures contracts or options on futures contracts have been approved for trading on a U.S. contract market by the Commodity Futures Trading Commission, and the company'--
  (i) Makes every reasonable effort to avoid taking or making delivery of the asset underlying the contract; or
  (ii) Receives and instantaneously transfers title to the underlying asset, by operation of contract and without taking or making physical delivery of the asset.
  (C) Forward contracts, options, [6] futures, options on futures, swaps, and similar contracts, whether traded on exchanges or not, based on an index of a rate, a price, or the value of any financial asset, nonfinancial asset, or group of assets, if the contract requires cash settlement.
  (iii) Buying and selling bullion, and related activities. Buying, selling and storing bars, rounds, bullion, and coins of gold, silver, platinum, palladium, copper, and any other metal for the company's own account and the account of others, and providing incidental services such as arranging for storage, safe custody, assaying, and shipment.
  (9) Management consulting and counseling activities.
  (i) Management consulting.
  (A) Providing management consulting advice: [7]
  (1) On any matter to unaffiliated depository institutions, including commercial banks, savings and loan associations, savings banks, credit unions, industrial banks, Morris Plan banks, cooperative banks, industrial loan companies, trust companies, and branches or agencies of foreign banks;
  (2) On any financial, economic, accounting, or audit matter to any other company.
  (B) Revenues derived from, or assets related to, a company's management consulting activities under this subparagraph will not be considered to be financial if the company:
  (1) Owns or controls, directly or indirectly, more than 5 percent of the voting securities of the client institution; or
  (2) Allows a management official, as defined in 12 CFR 212.2(h), of the company or any of its affiliates to serve as a management official of the client institution, except where such interlocking relationship is permitted pursuant to an exemption permitted by the Board.
  (C) Up to 30 percent of a nonbank company's assets or revenues related to management consulting services provided to customers not described in paragraph (f)(9)(i)(A)(1) or regarding matters not described in paragraph (f)(9)(i)(A)(2) of this appendix will be included in the company's financial assets or revenues.
  (ii) Employee benefits consulting services. Providing consulting services to employee benefit, compensation and insurance plans, including designing plans, assisting in the implementation of plans, providing administrative services to plans, and developing employee communication programs for plans.
  (iii) Career counseling services. Providing career counseling services to:
  (A) A financial organization [8] and individuals currently employed by, or recently displaced from, a financial organization;
  (B) Individuals who are seeking employment at a financial organization; and
  (C) Individuals who are currently employed in or who seek positions in the finance, accounting, and audit departments of any company.
  (10) Support services.
  (i) Courier services. Providing courier services for:
  (A) Checks, commercial papers, documents, and written instruments (excluding currency or bearer-type negotiable instruments) that are exchanged among banks and financial institutions; and
  (B) Audit and accounting media of a banking or financial nature and other business records and documents used in processing such media. [9]
  (ii) Printing and selling MICR-encoded items. Printing and selling checks and related documents, including corporate image checks, cash tickets, voucher checks, deposit slips, savings withdrawal packages, and other forms that require Magnetic Ink Character Recognition (MICR) encoding.
  (11) Insurance agency and underwriting.
  (i) Credit insurance. Acting as principal, agent, or broker for insurance (including home mortgage redemption insurance) that is:
  (A) Directly related to an extension of credit by the company or any of its subsidiaries; and
  (B) Limited to ensuring the repayment of the outstanding balance due on the extension of credit [10] in the event of the death, disability, or involuntary unemployment of the debtor.
  (ii) Finance company subsidiary. Acting as agent or broker for insurance directly related to an extension of credit by a finance company [11] that is a subsidiary of a company, if:
  (A) The insurance is limited to ensuring repayment of the outstanding balance on such extension of credit in the event of loss or damage to any property used as collateral for the extension of credit; and
  (B) The extension of credit is not more than $10,000, or $25,000 if it is to finance the purchase of a residential manufactured home [12] and the credit is secured by the home; and
  (C) The applicant commits to notify borrowers in writing that:
  (1) They are not required to purchase such insurance from the applicant;
  (2) Such insurance does not insure any interest of the borrower in the collateral; and
  (3) The applicant will accept more comprehensive property insurance in place of such single-interest insurance.
  (iii) Insurance in small towns. Engaging in any insurance agency activity in a place where the company or a subsidiary has a lending office and that:
  (A) Has a population not exceeding 5,000 (as shown in the preceding decennial census); or
  (B) Has inadequate insurance agency facilities, as determined by the Board, after notice and opportunity for hearing.
  (iv) Insurance-agency activities conducted on May 1, 1982. Engaging in any specific insurance-agency activity [13] if the company, or subsidiary conducting the specific activity, conducted such activity on May 1, 1982, or received Board approval to conduct such activity on or before May 1, 1982. [14] Revenues derived from, or assets related to, a company's specific insurance agency activity under this clause will be considered financial only if the company:
  (A) Engages in such specific insurance agency activity only at locations:
  (1) In the state in which the company has its principal place of business (as defined in 12 U.S.C. 1842(d));
  (2) In any state or states immediately adjacent to such state; and
  (3) In any state in which the specific insurance-agency activity was conducted (or was approved to be conducted) by such company or subsidiary thereof or by any other subsidiary of such company on May 1, 1982; and
  (B) Provides other insurance coverages that may become available after May 1, 1982, so long as those coverages insure against the types of risks as (or are otherwise functionally equivalent to) coverages sold or approved to be sold on May 1, 1982, by the company or subsidiary.
  (v) Supervision of retail insurance agents. Supervising on behalf of insurance underwriters the activities of retail insurance agents who sell:
  (A) Fidelity insurance and property and casualty insurance on the real and personal property used in the operations of the company or its subsidiaries; and
  (B) Group insurance that protects the employees of the company or its subsidiaries.
  (vi) Small companies. Engaging in any insurance-agency activity if the company has total consolidated assets of $50 million or less. Revenues derived from, or assets related to, a company's insurance-agency activities under this paragraph will be considered financial only if the company does not engage in the sale of life insurance or annuities except as provided in paragraphs (f)(11) (i) and (iii) of this appendix, and does not continue to engage in insurance-agency activities pursuant to this provision more than 90 days after the end of the quarterly reporting period in which total assets of the company and its subsidiaries exceed $50 million.
  (vii) Insurance-agency activities conducted before 1971. Engaging in any insurance-agency activity performed at any location in the United States directly or indirectly by a company that was engaged in insurance-agency activities prior to January 1, 1971, as a consequence of approval by the Board prior to January 1, 1971.
  (12) Community development activities.
  (i) Financing and investment activities. Making equity and debt investments in corporations or projects designed primarily to promote community welfare, such as the economic rehabilitation and development of low-income areas by providing housing, services, or jobs for residents.
  (ii) Advisory activities. Providing advisory and related services for programs designed primarily to promote community welfare.
  (13) Money orders, savings bonds, and traveler's checks. The issuance and sale at retail of money orders and similar consumer-type payment instruments; the sale of U.S. savings bonds; and the issuance and sale of traveler's checks.
  (14) Data processing.
  (i) Providing data processing, data storage and data transmission services, facilities (including data processing, data storage and data transmission hardware, software, documentation, or operating personnel), databases, advice, and access to such services, facilities, or data-bases by any technological means, if the data to be processed, stored or furnished are financial, banking or economic.
  (ii) Up to 30 percent of a nonbank company's assets or revenues related to providing general purpose hardware in connection with providing data processing products or services described in paragraph (f)(14)(i) of this appendix will be included in the company's financial assets or revenues.
  (15) Administrative services. Providing administrative and other services to mutual funds.
  (16) Securities exchange. Owning shares of a securities exchange.
  (17) Certification authority. Acting as a certification authority for digital signatures and authenticating the identity of persons conducting financial and nonfinancial transactions.
  (18) Employment histories. Providing employment histories to third parties for use in making credit decisions and to depository institutions and their affiliates for use in the ordinary course of business.
  (19) Check cashing and wire transmission. Check cashing and wire transmission services.
  (20) Services offered in connection with banking services. In connection with offering banking services, providing notary public services, selling postage stamps and postage-paid envelopes, providing vehicle registration services, and selling public transportation tickets and tokens.
  (21) Real estate title abstracting.
  (g) Engaging, in the United States, in any activity that a bank holding company may engage in outside of the United States; and the Board has determined, under regulations prescribed or interpretations issued pursuant to section 4(c)(13) of the BHC Act (12 U.S.C. 1843(c)(13)) to be usual in connection with the transaction of banking or other financial operations abroad. Those activities include'--
  (1) Providing management consulting services, including to any person with respect to nonfinancial matters, so long as the management consulting services are advisory and do not allow the company to control the person to which the services are provided.
  (2) Operating a travel agency in connection with financial services.
  (3) Organizing, sponsoring, and managing a mutual fund.
  (4) Commercial banking and other banking activities.
  (h) Directly, or indirectly acquiring or controlling, whether as principal, on behalf of 1 or more entities, or otherwise, shares, assets, or ownership interests (including debt or equity securities, partnership interests, trust certificates, or other instruments representing ownership) of a company or other entity, whether or not constituting control of such company or entity, engaged in any activity not financial in nature as defined in this appendix if:
  (1) Such shares, assets, or ownership interests are acquired and held as part of a bona fide underwriting or merchant or investment banking activity, including investment activities engaged in for the purpose of appreciation and ultimate resale or disposition of the investment;
  (2) Such shares, assets, or ownership interests are held for a period of time to enable the sale or disposition thereof on a reasonable basis consistent with the financial viability of the activities described in paragraph (h)(1) of this appendix; and
  (3) During the period such shares, assets, or ownership interests are held, the company does not routinely manage or operate such company or entity except as may be necessary or required to obtain a reasonable return on investment upon resale or disposition.
  (i) Directly or indirectly acquiring or controlling, whether as principal, on behalf of 1 or more entities, or otherwise, shares, assets, or ownership interests (including debt or equity securities, partnership interests, trust certificates or other instruments representing ownership) of a company or other entity, whether or not constituting control of such company or entity, engaged in any activity not financial in nature as defined in this appendix if'--
  (1) Such shares, assets, or ownership interests are acquired and held by an insurance company that is predominantly engaged in underwriting life, accident and health, or property and casualty insurance (other than credit-related insurance) or providing and issuing annuities;
  (2) Such shares, assets, or ownership interests represent an investment made in the ordinary course of business of such insurance company in accordance with relevant state law governing such investments; and
  (3) During the period such shares, assets, or ownership interests are held, the company does not routinely manage or operate such company except as may be necessary or required to obtain a reasonable return on investment.
  (j) Lending, exchanging, transferring, investing for others, or safeguarding financial assets other than money or securities.
  (k) Providing any device or other instrumentality for transferring money or other financial assets.
  (l) Arranging, effecting, or facilitating financial transactions for the account of third parties.
  end regulatory text
Cloud Atlas (2012) - IMDb
  Link to Article
  Archived Version
  Fri, 05 Apr 2013 12:21
  Nominated for 1 Golden Globe.Another 7 wins & 31 nominations.See more awards >>Learn morePeople who liked this also liked... The Prodigies
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  EditStorylineEverything is connected: an 1849 diary of an ocean voyage across the Pacific; letters from a composer to his friend; a thriller about a murder at a nuclear power plant; a farce about a publisher in a nursing home; a rebellious clone in futuristic Korea; and the tale of a tribe living in post-apocalyptic Hawaii, far in the future. Written by Anonymous
  Plot Summary|Plot SynopsisTaglines:Everything Is Connected
  EditDetailsRelease Date:26 October 2012 (USA) See more >>Also Known As:Atlas oblaka See more >>Box OfficeBudget:$102,000,000 (estimated)
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  See more >>Company CreditsTechnical SpecsRuntime:172 min
  Aspect Ratio:2.35 : 1
  See full technical specs >>EditDid You Know?TriviaIn 2005, while on the London set of V for Vendetta, Natalie Portman gave a copy of the original novel to Lana Wachowski, who became deeply interested in it. A year later, both Wachowski siblings wrote a first draft of the screenplay. Tom Tykwer, a friend of the Wachowskis, was invited to co-author several subsequent drafts with them in the following two years, constantly keeping in mind observations by the book's author himself, David Mitchell, while looking for international investors. In all those years, Portman was promised the role of Sonmi-451, but had to turn down the role at the last minute after becoming pregnant in 2010. However, she is given a special thanks in the closing credits. See more >>GoofsAt 02:21:08, while Zachry is looking for enemies, he is holding the knife upside down. Several seconds afterwards, the knife is facing up. See more >>Quotes[repeated line]Mr. Meeks: I know, I know!See more >>Crazy CreditsWhen a montage is shown of all the characters the actors are playing, the font of the names changes with each time period. See more >>ConnectionsFeatured in The Tonight Show with Jay Leno: Episode #21.21 (2012)Halle Berry introduces a clip from her film See more >>Soundtracks"Chimhyang Moo"Written by Byungki HwangPerformed by Byungki HwangSee more >>
During polygraphs, border agency applicants admit to rape, kidnapping | Center for Investigative Reporting
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  Archived Version
  Fri, 05 Apr 2013 11:21
  Jose Ramirez, 25, admitted during a pre-employment polygraph screening that he was the driver in a 2009 single-car crash in Arizona that killed a passenger. Ramirez now faces second-degree murder and other charges.
  Credit: Yuma County Sheriff's Office
  One admitted to kidnapping and ransoming hostages in the Ivory Coast. Others said they had molested children or committed rape. And one, as he prepared for survival in a post-apocalyptic world, contemplated assassinating President Barack Obama.
  These are among the thousands of applicants who have sought sensitive law enforcement jobs in recent years with the U.S. Border Patrol and its parent agency, Customs and Border Protection.
  In many cases, these people made it all the way through the hiring process until one of the last steps '' a polygraph exam. Once sitting with a polygraph examiner, they admitted to a host of astonishing crimes, according to documents obtained by the Center for Investigative Reporting.
  The records '' official summaries of more than 200 polygraph admissions '' raise alarms about the thousands of employees Customs and Border Protection has hired over the past six years before it began mandatory polygraph tests for all applicants six months ago. The required polygraphs come at the tail end of a massive hiring surge that began in 2006 and eventually added 17,000 employees, helping to make the agency the largest law enforcement operation in the country.
  Although thousands of applicants have undergone polygraphs, thousands more have been hired without the screening.
  The admissions open a disturbing window into some of the people who apply for jobs in law enforcement and cast doubt on the bureau's internal controls ahead of a possible immigration law overhaul that could call for more border officers.
  And they spur the question: Why would anyone share their deepest, darkest secrets for a job?
  ''You ought to know up front that you're not going to get the job if you've murdered someone. In fact, you might get prosecuted,'' said Barry Cushman, president of the American Polygraph Association. ''Good people do stupid things sometimes. Very bad things. And it eats away at them.''
  The 200-plus ''significant admissions'' described in the summary reports paint a small yet troubling portrait of some of the kinds of people who have applied to be Border Patrol agents and customs officers since 2008. They also highlight potential weaknesses in the costly hiring process that failed to screen out questionable applicants earlier.
  In one case from February, Jose Ramirez, 25, admitted during a polygraph exam that he was the driver in a 2009 single-car crash that killed someone. He previously told investigators in Yuma, Ariz., that the dead passenger was the driver, according to the Yuma County Sheriff's Office. Ramirez now faces second-degree murder and other charges.
  One applicant admitted to smoking marijuana 20,000 times in a 10-year-period. Another was more bizarre: ''Applicant had no independent recollection of the events that resulted in a blood doused kitchen and was uncertain if he committed any crime during his three hour black out,'' according to the Customs and Border Protection summary.
  In another example, a woman seeking a job with the bureau told an examiner that she smuggled marijuana into the country '' typically by taping 10 pounds of the drug to her body '' about 800 times. Scores more admitted that they had engaged in or had relatives involved in human smuggling or drug running. Some said they harbored immigrants not authorized to be in the U.S. or had family members living in the country illegally.
  The summaries disclose dozens of attempts to infiltrate the agency, including 10 applicants believed to have links to organized crime who had received sophisticated training on how to defeat the polygraph exam, according to Customs and Border Protection.
  The agency declined multiple interview requests about its polygraph program. In a written statement, spokesman Michael J. Friel said the bureau has a rigorous application process, which includes an initial screening, a background investigation of prospective employees and the polygraph exam.
  ''Our commitment to integrity begins at the time of application for employment with CBP and continues throughout the careers of our employees,'' Friel said in a statement.
  The agency said since it began administering polygraphs in 2008, more than 15,000 people have taken the test, and 60 percent were not cleared. It took almost five years, however, for Customs and Border Protection to require all applicants to take a polygraph. In that time, the agency continued to hire potentially flawed candidates.
  The number of employees busted for corruption and misconduct is a fraction of the more than 60,000 employed by the bureau. But misconduct allegations have been on the rise, including a 62 percent jump from 2006 to 2011, according to a recent Government Accountability Office report.
  Surprising admissions
  Whether a more robust background probe would have discovered the hidden menace on Joseph ''Joey'' Montross' home computer will never be known. But a polygraph examiner learned about it just a few weeks after the bureau started the program.
  A combat-tested Marine with a security clearance, Montross, then 28, seemed like an ideal candidate. He showed up for a ''one-stop'' hiring fair hosted by Customs and Border Protection in Dallas in February 2008.
  The polygraph exam ''was his last hurdle,'' John Floyd, Montross' attorney, said in an interview. ''He had passed all the other phases.''
  When asked whether he had ever viewed illegal pornography, Montross confessed that he possessed a large amount of child pornography, Floyd said. Montross consented to a search of the Houston home he shared with his parents and three younger half siblings, according to his plea agreement.
  Investigators later found more than 9,000 images and videos of child pornography, the court record shows. He also admitted to producing child pornography. Montross was sentenced to 30 years in federal prison and a lifetime of supervised release.
  ''He felt he needed to get this off his chest, and it came straight out,'' Floyd said of Montross, who confessed again after his arrest. ''There is a burning guilt and a compulsion to get it out.''
  Montross wasn't the only veteran who made shocking admissions. Several divulged that they possessed classified information. One said that while in the Army, he ''shot and killed an injured Iraqi insurgent; beat an Iraqi during an interrogation and said he kidnapped a child to assist in locating insurgents,'' according to the summary produced by Customs and Border Protection.
  Other people admitted they had sought out a contract killer or took money to kill someone. Another applicant ''affirmed that his infant son died '... as a result of child abuse,'' reads one heavily redacted example.
  Christine Gaugler, who retired in 2011 as Customs and Border Protection's assistant commissioner for human resources management, said a person could pass the polygraph but still admit things that would make him or her unsuitable for employment.
  ''I know it sounds crazy that people like that would apply for federal employment, but they're out of work,'' she said. ''When you have 60,000 employees, you're just like a city. Just like a city of that size, you have people who have problems, make mistakes and break laws.''
  Social persuasion tools
  Psychologists say interrogative techniques used by polygraph examiners are powerful social persuasion tools that can manipulate applicants to unveil their secrets, even if it goes against the person's self-interest.
  ''The polygraph examiner is going to tell them that lying is worse than confessing. That's not necessary true, but that's what they say,'' said Charles Honts, a Boise State University psychology professor and polygrapher. ''They tell people: 'We know people aren't perfect. People make mistakes. But you won't get the job if you lie.' Minimization and justification '' it's standard interrogation technique.''
  He added, ''Get a nice soft-sell pitch at the beginning and it's amazing what people will tell you.''
  Polygraphers typically spend hours on the exam, building rapport with applicants. They ask a range of questions that start innocuous and become more threatening. After the exam, they often invite applicants to unload any mental burdens they might be carrying.
  Cushman, the polygraph association president, said it's easier for an applicant to lie when at home alone filling out an application than it is sitting before a trained interviewer.
  ''It is harder for someone to lie when the stakes are higher and with a piece of equipment five feet way. And the polygraphers raise the stakes by telling them, 'I'm good, and I'm going to catch you,' '' if the applicant lies.
  Customs and Border Protection generally refers confessions to outside investigators when there's ample evidence, including, if possible, a written confession. The polygraph exams are recorded, and applicants sign a consent form that allows admissions to be shared with other law enforcement agencies.
  The customs agency has not made public how many cases have been forwarded for further investigation or prosecution or how many have led to convictions.
  Confessions don't always lead to prosecutions or convictions, however. Some applicants who confess to or admit they know about crimes might become informants, or a prosecutor ultimately might choose to not pursue a case.
  Cody Slaughter, 22, of Somerton, Ariz., told a Customs and Border Protection polygraph examiner during a pre-employment screening that he fondled his best friend's then-2-year-old sister in 2004 and engaged in bestiality, according to a police report.
  Credit: Yuma County Sheriff's Office
  That happened last year to Cody Slaughter, a 22-year-old applicant from Somerton, Ariz. In July, the Yuma County Sheriff's Office learned from Customs and Border Protection that Slaughter told a polygraph examiner he fondled his best friend's then-2-year-old sister in 2004 and engaged in bestiality.
  When interviewed by a detective, Slaughter admitted to the sexual assault, as well as sexual contact numerous times with his horse, a dog and once with a 4-H pig, according to a police report. Slaughter was arrested on suspicion of sexual contact with a minor and three counts of bestiality.
  But the local prosecutor's office filed a charge of making a false statement to police, then dropped the case in December because of ''lack of evidence,'' said Roger Nelson, the chief criminal deputy county attorney, who added that Slaughter agreed to counseling.
  Slaughter could not be reached for comment.
  Just because a person confesses to a crime doesn't mean a prosecutor can charge him or her. In fact, for only a few offenses can a confession lead to prosecution, said Honts, the psychology professor.
  ''If a prosecutor can't find anyone to corroborate the confessions, they can't charge with conspiracy,'' he said. ''When there are no witnesses, what do you do with it?''
  Regardless of whether a polygraph confession leads to a conviction, the task of hiring the right candidates to protect the nation's borders has been challenging. And with the bureau on the hook to hire thousands more agents and officers in the coming years, it might not get easier '' or more efficient.
  ''The political pressure to make the border safer does not allow it to be subject to dispassionate research and analysis,'' said Judee Burgoon, a University of Arizona professor who researches risk detection. ''There's nothing that is going to be a silver bullet, and you're never going to completely solve the problem of corruption and efforts to infiltrate the ranks.''
  Tracking misconduct
  How many unsuitable officers or infiltrators slipped through before the polygraph program was implemented or beat the test is anyone's guess, though the bureau has tried to address the question.
  One internal study on corruption, completed in December 2011, found that corrupt agents had been on the job an average of almost nine years before they were caught.
  Since October 2004, more than 150 Customs and Border Protection employees have been charged with or convicted of corruption, such as taking bribes to allow illegal drugs into the country.
  Before the hiring surge began in 2006, misconduct arrests for offenses like drunken driving fluctuated. Since then, it's been steadily on the rise. A total of 2,170 reported incidents of employees arrested occurred between Oct. 1, 2004, and Sept. 30, 2012.
  In another internal study, dubbed the ''Cleared Shelf Initiative,'' Customs and Border Protection's internal affairs office in 2010 found that 56 percent of applicants considered suitable for hire were disqualified after they were given a polygraph. In most of the roughly 300 cases, the polygraph detected a response to a question that alarmed the polygrapher or the applicant made an unsuitable admission during the exam.
  At that point in time, fewer than 20 percent of applicants were asked to take a polygraph exam, usually because of outstanding questions after the background investigation.
  In the past decade, Customs and Border Protection has paid more than $350 million to private contractors to conduct background investigations for new and current employees, according to records analyzed by the Center for Investigative Reporting. The polygraph program costs about $3 million a year to implement.
  Another internal study, ''Test versus No Test,'' found in 2010 that employees who had not taken the polygraph exam were more than twice as likely to engage in misconduct, such as stealing government property or drug abuse, than those who took the screening before they were hired.
  Concerned that Customs and Border Protection was under siege from infiltrators attempting to take jobs, Congress in 2010 made polygraphs mandatory for all prospective hires seeking law enforcement posts. The bureau then hired and trained scores of polygraphers to meet the law's mandate that all candidates take a polygraph by January 2013. Customs and Border Protection beat its deadline by a few months, reaching 100 percent of all applicants in October.
  In June, the agency began administering the polygraph exam before a full background investigation to cut costs and more aggressively weed out applicants. A background investigation, at about $3,000, costs nearly four times that of an $800 polygraph exam.
  Internal affairs officials have considered requiring polygraphs for current employees. But such a move, which would have to be approved by the U.S. Office of Personnel Management, could face stiff resistance from unions that represent the bureau's frontline employees and some high-ranking officials alike.
  ''If you were to survey the agents, you'd probably find out a good percentage failed a polygraph elsewhere and they're doing a good job here,'' said Chris Bauder, executive vice president of the National Border Patrol Council, the agents union. ''Lots of corruption cases could have been caught if they had gone through a thorough background investigation.''
  Tia Ghose contributed to this report. This story was edited by Robert Salladay and copy edited by Nikki Frick and Christine Lee.
National Public Radio - NPR Studio Equipment Auction Washington DC -- Rasmus Auctioneers
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  ItemDescription13200.STUDIO LOT INCLUDES 13'' TV PANASONIC MODEL CT13R17B, AUDIO-MONITOR PANEL WOHLER TECHNOLOGIES MODEL AMP 1A, (2) CARD FRAME BENCHMARK MODEL SYSTEM 1000, CD PLAYER SONY MODEL CDPD500, CD PLAYER SONY MODEL CDP-XE400, CD PLAYER SONY MODEL CPD500, CD RECORDER TASCAM MODEL CDRW2000, CD RECORDER TASCAM MODEL CDRW901SL, COLOR TV SHARP MODEL 13GM60, COMPRESSOR/LIMITER DBX MODEL 160A, CONSOLE PACIFIC RESEARCH & ENGINEERING MODEL STX34, CONTROL PANEL BTS PHILIPS THOMPSON, CONTROL PANEL SAS, MODEL PBS-16, DAT RECORDER SONY MODEL PCMR500 DELAY DUMP/CALLER MUTE BUTTON BOX, DELAY/MIC SIGN, EQUALIZER ORBAN MODEL 672A, EQUALIZER ORBAN MODEL 672 A/U, (4) HEADPHONE AMPLIFIER SAS, IFB CONTROL PANEL SAS MODEL TBM 20, (10) PATCHBAY PANEL ADC MODEL PPA1 14MCIINO, PHASESCOPE B&B SYSTEMS MODEL AM 2HR, POWER DISTRIBUTION RACK ARIS MODEL 614, POWER SWITCHER? GEM SOUND NY, PRESET/NET SIGN, REVERB (?) LEXICON MODEL PCM80, (2) SPEAKER JBL MODEL 4206, SPEAKERS JBL MODEL CONTROL 1 PLUS, SWITCH CONSOLE TELOS MODEL TELOS 100, SYSTEM CONTROLLER SAS MODEL AXC8 ALPHA, T1 CSU (?) ADTRAN MODEL TSU 120E, TV STEREO TUNER SONY MODEL ST92TV, VIDEO SPLITTER REMOTE BLACK BOX MODEL AC502A, ATI NANO AMP SERIES L200, BTS PHILIPS THOMPSON MODEL CP-3010CLICK ON PHOTO FOR MORE PICTURES
  13201.STUDIO LOT INCLUDES (7) PATCHBAY PANEL ADC MODEL PPA1 14MCIINO, PATCHBAY PANEL ADC MODEL PPA1 14MKIIHN, MIC/LINE MIXER ATI MODEL MX100, POWER SUPPLY BENCHMARK MODEL PS202, DISTRIBUTION AMP BENCHMARK, CONTROL PANEL BTS MODEL CP3000, AUDIO CODEC CCS MODEL 1203, COMPRESSOR/ LIMITER DBX MODEL 160XT, COMPRESSOR/ LIMITER DBX MODEL 160XY, MD RECORDER DENON MODEL DNM991R, COMM CD RECORDER HHB MODEL CDR850PLUS, AUDIO LABS EQUALIZER NOTCH LAFONT MODEL LP21, EQUALIZER NOTCH LAFONT MODEL LP21, ANALOG METER LOGITEK MODEL IRU, 8 CHANNEL MASTERING A/D D/A CONVERTER LYNX, (2) EQUALIZER ORBAN MODEL 672A, CONSOLE PACIFIC RESEARCH MODEL AB26, CONSOLE POWER SUPPLY PACIFIC RESEARCH, MONITOR/ RECEIVER PANASONIC, DTOA CONVERTER PRISM MODEL DA1, SYSTEM CONTROLLER SAS MODEL AXC8, CONTROL PANEL SAS TBM20, (3) AMPLIFIER HEADPHONE SAS, (2) CD PLAYER SONY MODEL CDPD500, DAT RECORDER SONY MODEL PCM 7030, TV STEREO TUNER SONY MODEL ST92TV, CASSETTE DECK TASCAM MODEL 112B, CD RECORDER TASCAM MODEL CDRW2000, TUBE TV TOSHIBA MODEL CF1311J, PATCH PANEL TROMPETER, WOHLER MODEL AMP1A, ENCODER- DECODER ZEPHYRUS MODEL 383-388, (SOME KIND OF MIXING BOARD)????CLICK ON PHOTO FOR MORE PICTURES
  13202.STUDIO LOT INCLUDES SPEAKER JBL MODEL CONTROL 1 PLUS, ALPHA SYSTEM CONTROLLER SAS MODEL AXC8, (6) AMPLIFIER HEADPHONE SAS, (2) BSL SPINDLE MOTOR CONTROLLER SONY MODEL CPDD500, CD PLAYER HARMAN/KARDON MODEL HD7735. (2) CINEMA FILTER SET LAFONT, COMPUTER DELL MODEL 370, COMPUTER DELL, CONSOLE PACIFIC RESEARCH MODEL ABX26, CONTROL PANEL BTS MODEL CP3000, CONTROL PANEL SIERRA, CONTROL PANEL SAS MODEL TBM20, CONTROLLER, (2) EQUALIZER ORBAN MODEL 672A, GEM SOUND/SP-8500 GEM SOUND MODEL SP8500, (2) GENERAL PURPOSE INTERFACE SAS MODEL GPI1600, INTERCOM PHILIPS, INTERFACE MODEL APHEX MODEL 124A, KEYBOARD DELL, KEYBOARD HP, (4) MONITOR DELL, MONITOR SER: CN-0KU789-71618-7B2-GADR DELL, MOTOR MECHANISM SONY MODEL PCMR5004D.D., MOUSE HP, (9) PATCH PANEL ADC, PATCH PANEL TROMPETER, PUSHBUTTON SELECT PANEL SAS MODEL PBS 16, STEREO AUDIO MONITOR PANEL AMPLIFIER WOHLER, (2) STEREO AUDIO ROUTING SWITCHER SAS 32000, SYNCH MASTER SAMSUNG MODEL 531TFT, SYSTEM CONTROLLER UBLMODEL 24, TRINITRON TV SONY, TTL/ANALOG TTL, BENCHMARK PS202, BENCHMARK, TASCAM MODEL 122MKII, TASCAM MODEL CDRW2000CLICK ON PHOTO FOR MORE PICTURES
  13203.STUDIO LOT INCLUDES ALPHA SYSTEM CONTROLER SAS MODEL AXC8, BROADCAST DELAY EVENTIDE MODEL BD980, BSL SPINDLE MONITOR SONY MODEL CDP D500, CD PLAYER HARMAN/KARDON MODEL HD7725, CD PLAYER SONY MODEL CDP D500, CD RECORDER TASCAM MODEL CD RW2000, (2) CINEMA FILTER SET LAFONT, CONTROL PANEL SAS MODEL TBM20, DIGITAL EFFECTS PROCESSOR PCMA MODEL 80, (2) EQUALIZER ORBAN MODEL 672A, IFB CONTROL PANEL SAS MODEL TBM20, INTERFACE SAS MODEL GPI 1600, MD RECORDER DENON MODEL DN M991R, (10) PATCHBAY PANEL ADC, POWER AMP UBL MODEL SR6670A, (5) POWER AMP UREI MODEL 6215, PUSH BUTTON SELECT PANEL SAS MODEL PBS-16, RECORDER MCI, SMART UPS ADC MODEL 600, (2) SPEAKERS JBL, STEREO AUDIO ROUTING SYSTEM SAS MODEL 3200, SYSTEM CONTROLLER UBL MODEL 24, TV STEREO TUNER SONY MODEL ST92TU (2) VOICE PROCESSOR MODEL 528E, B&B AM-2HR, (2) BENCHMARK, BTS MODEL CP3000, PACIFIC MODEL STX-34, SAS MODEL PBS-16, SONY MODEL PCM R500, SYMETRIX TASCAM M ODEL 122MK IICLICK ON PHOTO FOR MORE PICTURES
  13204.STUDIO LOT INCLUDES (MAY NOT GO) USER STATION KVM RARITAN MODEL P2UST, 24 MULTI-CHANNEL TAPE RECORDER STUDER MODEL A827, 26'' TELEVISION PANASONIC MODEL LX7079006, (8) AD CONVERTER STUDER MODEL D19 MICAD, ADCPJ36- INPUT PANEL (MULT INPUTS), LOCATED UNDER E16598, AMP FRAME W/3 DA101 CARDS BENCHMARK MODEL DAD101, AMPLIFIER JBL MODEL 6215, (3) AMPLIFIER JBL MODEL 6260, AMPLIFIER DISTRIBUTION FURMAN MODEL HDS16, AUDIO TELEPHONE HEAD SET JK MODEL THAT2, AUDIO/VIDEO CONTROL CENTER SONY MODEL STRD311, BARCODE # LR391D0230 POWERWARE MODEL 5119, CASSETTE DECK TASCAM MODEL 122MKII, (2) CD PLAYER SONY MODEL CDPD500, CD PLAYER SONY MODEL CDPXE270, CD/DVD PLAYER/ SERIAL # 3003713 SONY MODEL DVPNS575P, CHANNEL CONTROL SQUAWK, CHANNEL FIREWIRE INTERFACE (ON TOP OF EQUIPMENT) RME MODEL 800 56 (2) COMPUTER WPS WPSRCOMP, COMPUTER MONITOR SAMSUNG MODEL 710N, CONSOLE STUDER MODEL D9505, CONTROL PANEL BTS MODEL CP3000, CONTROL PANEL PHILIPS MODEL CP3010, DAT RECORDER SONY MODEL DTCZE700, DATA DRIVE RORKE MODEL RM35001, DIGITAL AUDIO RECORDER SONY MODEL PCM7010, IBM SYSTEM X3200 M2 (DEAD?) IBM MODEL X3200, IFB CONTROL PANEL RELEX MODEL 4003M12, (3) IFB CONTROLLER RTS MODEL 4010, IFB LINE INTERFACE NPR MODEL 4000, IFB SYSTEM (UNIT W/ E18839?) RTS MODEL 4000, IFB SYSTEM (UNIT W/E14263?) RTS MODEL 4000, (2) INTERFACE UNIT DIGIDESIGN MODEL HIRES 192, KVM ROUTER RARRITAN MODEL P2UMT832M, MACHINE REMOTE SELECTOR PANEL (NOT SURE IF CONNECTED ANYTHING), MASTER SYNC STUDER MODEL D19, METER BRIDGE STUDER MODEL D827, MULTI-CHANNEL CONTROLLER STUDER MODEL A82724, OPTIPLEX 789 PC (DEAD?) DELL MODEL 789, PATCH PANEL ADC MODEL BPOP1NO, (2) PATCH PANEL ADC MODEL BPOP1NS, (2) PATCHBAY PANEL ADC MODEL PPA318MKII, (10) PATCHBAY PANEL ADC MODEL PPA318MKIINO, PC MONITOR DEL, POWER SUPPLY BENCHMARK MODEL PS202, (2) POWER SUPPLY STUDER, RACK GKM MODEL FR8030222LUC1032BT, RADAR SESSION CONTROLER/ SERIAL # I7SC05113082 RADAR, RECORDER CD HBB MODEL CDR850PLUS, (2) RECORDER DAT TASCAM MODEL DA88, (2) RECORDER DAT TASCAM MODEL DA98, REMOTE CONTROL AUTOLOCATOR STUDER MODEL MKII, REMOTE CONTROL UNIT/ SERIAL #: 0040094 TASCAM MODEL RC898, SMART UPS POWER SUPPLY APC MODEL 1400, (2) SONIC MODULATOR SONY MODEL DPSM7, STEREO CASETTE DECK SONY MODEL E27190, STUDER RECORDER TAPE STUDER MODEL D827MCH, SYNC IO UNITDIGIDESIGN MODEL SYNC, TALLY LAMP CONTROLLER HARRIS, TELEVISION PANASONIC MODEL CT1383VY, TIME CODE READER/ GENERATOR STUDER MODEL TC2, TV STEREO TUNER SONY MODEL ST92TV, UPS/ SMART-UPS APC MODEL 2200, USER STATION KVM RARRITAN MODEL KVMP2UST, GLYPH MODEL GT103, (4) STUDER, (6) TASCAM MODEL IFAE8HRCLICK ON PHOTO FOR MORE PICTURES
  13205.STUDIO LOT INCLUDES A/V CONTROL CENTER SONY, TV PANASONIC, TV (ENUMBER CAN BE FOUND WITH FLASHLIGHT) SONY, EURORACK MODEL MX802, AUDIO MONITOR PANEL WOHLER MODEL AMP1A, COMPACT DISC PLAYER SONY MODEL CDPXE400, (2) CONTROL PANEL SAS MODEL TBM20, (6) MONITOR DELL, MONITOR SAMSUNG MODEL 740N, (4) HEADPHONE AMPLIFIER SAS, MONITOR DELL, SWITCH CONTROL TELOS MODEL 100A, SYNCHMASTER SAMSUNG MODEL 151S, SYNCHMASTER SAMSUNG MODEL 770TFT, SURROUND SOUND TV PANASONIC, TV TOSHIBA, DIGITAL AUDIO RECORDER SONY MODEL PCM7010, MOTOR MECHANISM SONY MODEL PCMR500 4 D.D., BLACK BOX 724-746-5500, (3) CD PLAYER SONY MODEL CDP500, IFB CONTROL PANEL SAS MODEL TBM20, DIRECT INTERFACE MODULE TELOS, ATI MODEL 5200, ATI MODEL 5201, (2) MIC AD STUDER D19 SERIES, POWER SUPPLY STUDER, SMART UPS APC MODEL SU1400NET, SMART UPS APC MODEL SU420NET, (2) STUDER STUDER, CASSETTE DECK TASCAM MODEL 122 MII, CD RECORDER HHB MODEL CDR850 PLUS, PATCHBAY PANEL ADC, SYSTEM CONTROLLER SAS MODEL AXC7, MASTER SYNC STUDER, POWER SUPPLY STUDER, SMART UPS APC MODEL 2200, (2) STUDER STUDER, TIMECODE READER/GENERATOR STUDER MODEL TC2, POWERWARE MODEL 5119, CHANNEL CONTROL SQUAWK, CONDITIONED POWER DISTRIBUTION ETA MODEL PD8, HEADPHONE/AUDIO DISTRIBUTION SYSTEM FURMAN MODEL HDS16, (6) PATCHBAY PANEL ADC, 383-388 25 HZ ENCODER ZEPHYRUS, AMPLIFIER DISTRIBUTION SIGMA MODEL ADA26A, PATCHBAY PANEL APC, POWER AMP UREI MODEL 6215, POWER AMP UREI MODEL 6260, NPR MODEL VCAMP4, CONTROL PANEL BTS MODEL CP3000, GENERAL PURPOSE INTERFACE SAS MODEL GPI 1600, STEREO AUDIO ROUTING SWITCHER SAS MODEL 3200, BENCHMARK MODEL MF300, BENCHMARK MODEL PS202CLICK ON PHOTO FOR MORE PICTURES
  13206.STUDIO LOT INCLUDES AUDIO INPUT DEVICE, UNSURE? XLR, CAT5 PLUS (ETHERNET INPUTS/OUTPUTS?), CD PLAYER SONY MODEL CDP-D500, CD REWRITABLE RECORDER TASCAM MODEL CD-RW901SL (2) COMPRESSOR/ LIMITER DBX MODEL 160A CONTROL PANEL BTS PHILIPS MODEL CP3000, CONTROL PANEL SAS MODEL TBM20, (4 COUGH DUMP BUTTON BOX?, DISTRIBUTION AMP WHEATSTONE MODEL SDA8400, HEADPHONES SONY MODEL MDR-7596, (2) MIC LIGHT UP BOX, ONE OUTSIDE OF STUDIO ALSO, NET CONTROL? 5 DIFFERENT COLORED BUTTONS ON DEVICE SQUAWK, POWER JACK INPUTS? CYBER POWER, POWER SUPPLY WHEATSTONE MODEL D16, POWER SUPPLY, BATTERY FOSTEX MODEL TT15, PRESET NET LIGHT UP BOX, SOLID STATE RECORDER MARANTZ MODEL PMD560CLICK ON PHOTO FOR MORE PICTURES
  13207.STUDIO LOT INCLUDES 13'' COLOR TVNTOSHIBA, CAT5 PLUS ???, CD PLAYER SONY MODEL CDP-D500, CD RECORDER TASCAM MODEL CD-RW2000, (2) COMPRESSOR/ LIMITER DBX MODEL 160A, CONTROL PANEL BTS PHILIPS MODEL CP3000, (3) COUGH "TALK" BUTTON BOXES, CYBER POWER SURGE PROTECTOR?, DISTRIBUTION AMPLIFIER WHEATSTONE MODEL 8400, (4) HEADPHONES SONY MODEL MDR-7506, IFB CONTROL PANEL SAS MODEL TBM 20, MINI "COUGH" BOX, MIXING CONSOLE WHEATSTONE MODEL D16, ON AIR LIGHT, POWER SUPPLY WHEATSTONE MODEL D16, SQUAWK NET CONTROL SQUAWK, XLR/ AUDIO INPUT DEVICE? XLRCLICK ON PHOTO FOR MORE PICTURES
  16790.2 CH DECODER DOLBY DP524 RM PS 1940316792.2 CH ENCODER DOLBY DP503 RM PS 1940217572.25 HZ ENCODER - DECODER ZEPHYRUS ELECTRONICS, LTD. 383 - 388 RM PS 1922617568.25 HZ DECODER ZEPHYRUS ELECTRONICS, LTD. 383 RM PS 19234CLICK ON PHOTO FOR MORE PICTURES
  17567.25 HZ DECODER ZEPHYRUS ELECTRONICS, LTD. 383-3 RM PS 20324CLICK ON PHOTO FOR MORE PICTURES
  17574.25 HZ DECODER ZEPHYRUS ELECTRONICS, LTD. 383-3 RM PS 2032117575.25 HZ DECODER ZEPHYRUS ELECTRONICS, LTD. 383-3 RM PS 2032217571.25 HZ DECODER ZEPHYRUS ELECTRONICS, LTD. POWER SUPPLY CHASSIS RM PS 1923217565.25 HZ ENCODER ZEPHYRUS ELECTRONICS, LTD. 388-3 RM PS 2033017573.25 HZ ENCODER ZEPHYRUS ELECTRONICS, LTD. 388-3 RM PS 2032716994.4 TRACK DUPLICATOR KABA RESEARCH RTDS 4TM MISSING COVER OF CASSETTE FRONT RM PS 1298317221.A-D CONVERTER SONIC SOLUTIONS 702503 RM PS 2200117219.A-D CONVERTER SONIC SOLUTIONS 702504 RM PS 2199817268.ALARM ANNUNCIATOR PULEO ELECTRONICS PE10232 RM PS 38642CLICK ON PHOTO FOR MORE PICTURES
  17013.ALPHA SYSTEM CONTROLLER SAS AXC8 RM PS 2021017015.ALPHA SYSTEM CONTROLLER SAS AXC8 RM PS 2020817017.ALPHA SYSTEM CONTROLLER SAS AXC8 RM PS 2020917023.ALPHA SYSTEM CONTROLLER SAS AXC8 RM PS 2021117673.ALPHA SYSTEM CONTROLLER SAS AXC8 RM B 2021317728.ALPHA SYSTEM CONTROLLER SAS AXC8 RM B 1794417198.AUDIO BROADCAST RECEIVER COMSTREAM ABR700 RM PS 3456817199.AUDIO BROADCAST RECEIVER COMSTREAM ABR700 RM PS 3456716664.AUDIO CODEC APT WORLD NET OHIO RM PS 3390917320.AUDIO CODEC APT WORLDNET OHIO RM PS 3866116665.AUDIO CODEC APT WORLDNET OHIO RM PS 3866217299.AUDIO CODEC CCS CDQ PRIMA 110 RM PS 2039417128.AUDIO CODEC COMREX HOT RACK RM PS 2462317270.AUDIO CODEC CORPORATE COMPUTER SYSTEMS, INC. PRIMA 220 RM PS 20096CLICK ON PHOTO FOR MORE PICTURES
  16694.AUDIO CODEC MUSICAM USA PRIMA 110 RM PS 2945317269.AUDIO CODEC MUSICAMUSA CDQPRIMA220 RM PS 24452CLICK ON PHOTO FOR MORE PICTURES
  17165.AUDIO CODEC TELOS 9202 ZEPHYR W/TA RM PS 2372917026.AUDIO CODEC TELOS XSTREAM RM PS 3700717569.ISDN CODEC CCS MUSICAM USA RR103 ROADRUNNER RM PS 2178917245.ISDN CODEC CCS MUSICAM USA RR103 ROADRUNNER TA201 RM PS 2402617263.ISDN CODEC CCS MUSICAM USA RR103 ROADRUNNER RM PS 2499517570.ISDN CODEC CCS MUSICAM USA RR103 ROADRUNNER RM PS 2402917143.CODEC CCS CDQ1000 RM PS 1596417591.ENHANCED MUSICAM CODEC CORPORATE COMPUTER SYSTEMS CDQ1000 COMES WITH 1 TRANSTREAM ACCUSTREAM, 156 MODULE, IN BLUE ANVILLE TRAVEL CASE RM PS 15785CLICK ON PHOTO FOR MORE PICTURES
  16673.ENHANCED MUSICAM CODEC CORPORATE COMPUTER SYSTEMS, INC. CDQ1000 RM PS 1656317592.MUSICAM CODEC CORPORATE COMPUTER SYSTEMS CDQ1000 1 TRANSTREAM ACCUSTREAM, 156 MODULE, IN BLUE ANVILLE CASE RM PS 15386CLICK ON PHOTO FOR MORE PICTURES
  17462.AUDIO MIXER PORTABLE YAMAHA 01V RM PS 2220316960.AUDIO MIXER STUDIO RAMSA WR-DA7A RM PS 2777517434.AUDIO MIXER STUDIO RAMSA WR-DA7A 2733317589.AUDIO MIXER STUDIO RAMSA WR-DA7A IN BLACK UNITEC TRAVEL CASE RM PS 2733417679.AUDIO MONITOR PANEL WOHLER ELECTRONICS AMP 1A RM B 1665917712.AUDIO SUBSYSTEMS ENCODER COMSTREAM DAC400 RM B 1670317652.AUDIO-ACTIVE ENCODER TELOS TLS7000 IN BOX RM B17311.(10) AMPEX RECORDING MEDIA MULTIPLE TAPE REELS, NEW IN BOX RM PS (BID PRICE X 10)17312.(10) AMPEX RECORDING MEDIA MULTIPLE TAPE REELS, NEW IN BOX RM PS (BID PRICE X 10)17313.(10) AMPEX RECORDING MEDIA MULTIPLE TAPE REELS, NEW IN BOX RM PS (BID PRICE X 10)17314.(10) AMPEX RECORDING MEDIA MULTIPLE TAPE REELS, NEW IN BOX RM PS (BID PRICE X 10)16752.COMPRESSOR/LIMITER DBX 160 RM PS 1753016744.COMPRESSOR/LIMITER DBX 160A RM PS 2568917227.COMPRESSOR/LIMITER DBX 160X RM PS 1225417228.COMPRESSOR/LIMITER DBX 160X RM PS 1225417373.COMPRESSOR/LIMITER DBX 160X RM PS 1231217172.COMPRESSOR/LIMITER DBX 160XT RM PS 1393217374.COMPRESSOR/LIMITER DBX 160XT RM PS 1392817672.COMPRESSOR/LIMITER DBX 160XT RM B 1392917515.CONTROL PANEL BTS PHILIPS THOMPSON CP3000 RM PS 2757517520.CONTROL PANEL BTS PHILIPS THOMPSON CP3000 RM PS 2641616712.CONTROL PANEL DNF ST500 RM PS17020.CONTROL PANEL SAS AXC-8 RM PS 2583916774.CONTROL SYSTEM BTS PHILIPS THOMPSON BCS3000 RM PS 2291216775.(2) CONTROL SYSTEM BTS PHILIPS THOMPSON BCS3000 RM PS (BID PRICE X 2)16776.CONTROL SYSTEM BTS PHILIPS THOMPSON BCS3000 RM PS 2291517025.CONVERTER A/D SAS SCI-1 RM PS 2583817220.D/A CONVERTER BOX 8-CH. SONIC SOLUTIONS 8-CH.D/A RM PS 2002017160.DAT ADAPTOR KIT SONY RMR-D100 RMD3K RM PS 2130016683.DAT RECORDER PANASONIC SV3700 RM PS 1766316684.DAT RECORDER PANASONIC SV3700 RM PS 1766216892.DAT RECORDER SONY DTC790 RM PS 1929216648.DAT RECORDER SONY PCM7030 RM PS 1659216922.DAT RECORDER SONY PCM7030 RM PS 1928316968.DAT RECORDER SONY PCM7030 RM PS 1659117122.DAT RECORDER SONY PCM7030 RM PS 1946017126.DAT RECORDER SONY PCM7030 RM PS 1434117247.DAT RECORDER SONY PCM7030 RM PS 1537817244.DAT RECORDER SONY PCM7030 DEAD, PARTS ONLY RM PS 1433917216.DATA DISTRIBUTION UNIT/COAXIAL SWITCH BLACK BOX CORPORATION SWCX107855 RM PS 2382117691.DATA PHONES GLENSOUND ELETRONICS GSGC4 IN PROTECTIVE CASE RM B 3653517692.DATA PHONES GLENSOUND ELECTRONICS GSGC4 IN PROTECTIVE CASE RM B 3015017693.DATA PHONES GLENSOUND ELETRONICS GSGC4 IN PROTECTIVE CASE RM B 3653117694.DATA PHONES GLENSOUND ELECTRONICS GSGC4 IN PROTECTIVE CASE RM B 2812517695.DATA PHONES GLENSOUND ELECTRONICS GSGC4 IN PROTECTIVE CASE RM B 2758217696.DATA PHONES GLENSOUND ELECTRONICS GSGC4 IN PROTECTIVE CASE RM B 2812617697.DATA PHONES GLENSOUND ELECTRONICS GSGC4 IN PROTECTIVE CASE RM B 2758017698.DATA PHONES GLENSOUND ELECTRONICS GSGC4 IN PROTECTIVE CASE RM B 2758117699.DATA PHONES GLENSOUND ELETRONICS GSGC4 IN PROTECTIVE CASE RM B 3125416791.DECODER DOLBY DP524 RM PS 2199117252.(8) DELTA MIC MODULE SOUNDCRAFT RM PSCLICK ON PHOTO FOR MORE PICTURES (BID PRICE X 8)
  17251.(4) DELTA MIC MODULE SOUNDCRAFT D225 RM PSCLICK ON PHOTO FOR MORE PICTURES (BID PRICE X 4)
  16866.DIGITAL AUDIO INTERFACE SONY PCM601ESD RM PS 1214316705.DIGITAL AUDIO INTERFACE TASCAM IF88AE RM PS 2187316706.DIGITAL AUDIO INTERFACE TASCAM IF88AE RM PS 2187416837.DIGITAL AUDIO PROCESSOR SONT PCM601 RM PS 1238917209.DIGITAL AUDIO PROCESSOR SONY PCM-701ES RM PS 1262817603.DIGITAL AUDIO RECORDER SONY PCM-7010 RM PSCLICK ON PHOTO FOR MORE PICTURES
  17601.DIGITAL AUDIO RECORDER SONY PCM-7030 RM PSCLICK ON PHOTO FOR MORE PICTURES
  17643.DIDITAL AUDIO SWITCHER Z-SYSTEMS Z32.32R RM B 2806817644.DIGITAL AUDIO SWITCHER Z-SYSTEMS Z128.128R RM B 2806917671.AUDIO BOX METAL WITH XLR INPUTS RM BCLICK ON PHOTO FOR MORE PICTURES
  16748.DIGITAL EFFECTS SYSTEM LEXICON 300 RM PS 2318917477.DIGITAL MIXER MACKIE HUI MIXER RM PS 24517CLICK ON PHOTO FOR MORE PICTURES
  17459.DIGITAL MIXER PANASONIC WR-DA7 RM PS 2553617433.DIGITAL MIXER RAMSA WR-D717586.DIGITAL MIXER RAMSA WR-DA7 IN LARGE BLACK ANVILLE TRAVEL CASE RM PS 25914CLICK ON PHOTO FOR MORE PICTURES
  16685.MIXER ASHLY MX508 RM PS 3670516733.MIXER ASHLY MX508 RM PS 3670316734.MIXER ASHLY MX508 RM PS 3670416735.MIXER ASHLY MX508 RM PS 3670217730.(4) MIXER DIXON SYSTEMS NM250 RM B 38346 (BID PRICE X 4)16959.MIXER KLOTZ SPERION RM PS17469.MIXER PR & E AMX10 PARTS ONLY RM PS 16543CLICK ON PHOTO FOR MORE PICTURES
  17183.MIXER SOUNDCRAFT LM1 RM PS 1630017587.MIXER SOUNDCRAFT LM1 IN BLACK ANVILLE TRAVEL CASE RM PS 14905CLICK ON PHOTO FOR MORE PICTURES
  17584.MIXER SOUNDCRAFT LM1 IN BLUE ANVILLE TRAVEL CASE RM PS 16291CLICK ON PHOTO FOR MORE PICTURES
  17590.MIXER SOUNDCRAFT DELTA DLX IN LARGE BLUE ANVILLE TRAVEL CASE RM PS 16303CLICK ON PHOTO FOR MORE PICTURES
  17582.MIXER STUDER 269 IN ANVILLE TRAVEL CASE RM PSCLICK ON PHOTO FOR MORE PICTURES
  17583.MIXER STUDER 169 IN BLUE ANVILLE TRAVEL CASE RM PSCLICK ON PHOTO FOR MORE PICTURES
  16743.MIXER SYMETRIX 460 RM PS17588.PORTABLE MIXER SOUNDCRAFT LM1 IN BLACK ANVILLE TRAVEL CASE RM PS 14906CLICK ON PHOTO FOR MORE PICTURES
  17585.PORTABLE MIXER (12-INPUT) SOUNDCRAFT LM112 IN BLACK ANVILLE TRAVEL CASE RM PS 14907CLICK ON PHOTO FOR MORE PICTURES
  17593.MIXER CONSOLE SONOSAX SX-S IN BLUE ANVILLE TRAVEL CASE RM PS 11470CLICK ON PHOTO FOR MORE PICTURES
  17440.AMP EPSILON ELECTRONICS RM PS17280.AMPLIFIER BENCHMARK RM PS 1658817662.AMPLIFIER JBL 6260 RM B 1637517357.AMPLIFIER JBL 6290 RM PS 1634617480.AMPLIFIER JBL 6290 RM PS 16457CLICK ON PHOTO FOR MORE PICTURES
  17481.AMPLIFIER JBL 6290 NEWIN BOX RM PSCLICK ON PHOTO FOR MORE PICTURES
  17659.AMPLIFIER JBL 6290 RM B 1645517663.(4) AMPLIFIER DISTRIBUTION ATI DDA124BNC RM B 30138 (BID PRICE X 4)17028.AMPLIFIER DISTRIBUTION GENTNER RDA910031001 RM PS 2097617706.AMPLIFIER DISTRIBUTION MARTINSOUND SB-16 RM B 26219CLICK ON PHOTO FOR MORE PICTURES
  17362.AMPLIFIER DISTRIBUTION SONY L-1001 RM PS 2320017363.AMPLIFIER DISTRIBUTION SONY L-1001 RM PS17365.AMPLIFIER DISTRIBUTION SONY L1001 RM PS 1999117366.AMPLIFIER DISTRIBUTION SONY L1001 RM PS17524.AMPLIFIER DISTRIBUTION SONY (GRANT) L1001 RM PS 27531CLICK ON PHOTO FOR MORE PICTURES
  17541.AMPLIFIER DISTRIBUTION SONY (GRANT) L1001 RM PS 2753316698.AMPLIFIER LINE ATI L1000 RM PS 1123216699.(3) AMPLIFIER LINE ATI L1000 RM PS 12233 (BID PRICE X 3)17648.(5) AMPLIFIER LINE ATI L1000-2 RM B 20374CLICK ON PHOTO FOR MORE PICTURES (BID PRICE X 5)
  17660.AMPLIFIER POWER BGW SYSTEMS 250D RM B 1754117306.AMPLIFIER POWER MCINTOSH MC2100E RM PS 1254417305.AMPLIFIER POWER MCINTOSH MC250E RM PS 1254317372.BROADCAST AUDIO DELAY SYMETRIX 610 RM PS17029.BROADCAST DIGITAL PROCESSOR AUDIODIGITAL TC 4 RM PS 1760717189.BROADCAST DIGITAL PROCESSOR AUDIODIGITAL TC 4 RM PS 1760817193.BROADCAST DIGITAL PROCESSOR AUDIODIGITAL TC 4 RM PS 1760817460.CONSOLE PACIFIC RESEARCH & ENGINEERING PR&E ABX 26 RM PS 16792CLICK ON PHOTO FOR MORE PICTURES
  17432.CONSOLE PACIFIC RESEARCH & ENGINEERING PR&E AMX10 17940CLICK ON PHOTO FOR MORE PICTURES
  17467.CONSOLE KLOTZ SPHERON RM PSCLICK ON PHOTO FOR MORE PICTURES
  17468.CONSOLE PACIFICI AMX-10 RM PSCLICK ON PHOTO FOR MORE PICTURES
  17158.CONSOLE POWER SUPPLY SOUNDCRAFT CPS450 RM PS17235.DYNAMIC NOISE FILTER KLH DNF 1201A RM PS 25717213.DYNAMIC SIBILANCE CONTROLLER ORBAN 516EC RM PS17032.DYNAMIC SIBILANCE CONTROLLER ORBAN 526A RM PS 336117034.DYNAMIC SIBILANCE CONTROLLER ORBAN 526A RM PS 506217371.DYNAMIC SIBILANCE CONTROLLER ORBAN 526A RM PS 506117529.DYNAMIC SIBILANCE CONTROLLER ORBAN 526A RM PS 12358CLICK ON PHOTO FOR MORE PICTURES
  17532.DYNAMIC SIBILANCE CONTROLLER ORBAN 526A RM PS 10053CLICK ON PHOTO FOR MORE PICTURES
  17539.DYNAMIC SIBILANCE CONTROLLER ORBAN 526A RM PS 585117033.DYNAMIC SIBILANCE CONTROLLER ORBAN 536A RM PS 1415617035.DYNAMIC SIBILANCE CONTROLLER ORBAN 536A RM PS 1132817211.DYNAMIC SIBILANCE CONTROLLER ORBAN 536A RM PS17212.DYNAMIC SIBILANCE CONTROLLER ORBAN 536A RM PS17531.DYNAMIC SIBILANCE CONTROLLER ORBAN 536A RM PS 11326CLICK ON PHOTO FOR MORE PICTURES
  16717.EDITOR 360 SYSTEMS SC180 3 SHORTCUT RM PS 2182016695.EDITOR 360 SYSTEMS SC1802 SHORTCUT RM PS 2009216715.EDITOR 360 SYSTEMS SC1801 SHORTCUT RM PS 1949716696.EDITOR 360 SYSTEMS SC1802 SHORTCUT RM PS 2113416716.EDITOR 360 SYSTEMS SC1802 SHORTCUT RM PS 2121616679.INTERFACE OTARI UFC24 RM PS 2439616680.INTERFACE OTARI UFC24 RM PS 2439517021.INTERFACE SAS AXC8 RM PS 2021517328.INTERFACE SAS AXC8 RM PS 2021417030.INTERFACE SAS TMB 2 RM PS 1654717324.INTERFACE SAS TMB 2 RM PS 1654816681.INTERFACE SYMETRIX TI-101 RM PS 2711917262.INTERFACE WILTRONIX RCPGP132P RM PS 27071CLICK ON PHOTO FOR MORE PICTURES
  17489.INTERFACE PANEL BENCHMARK BP100 RM PS17231.(4) INTERFACE PANEL BENCHMARK MEDIA SYSTEMS SYSTEM 1000- BP-100 RM PS (BID PRICE X 4)17552.ISDN CODEC CCS MUSICAM USA RR103 ROADRUNNER RM PS 2094017642.(2) PATCH PANEL RM B 1692 (BID PRICE X 2)17464.(2) PATCH PANEL ADC 4-28010-1170 RM PS (BID PRICE X 2)17470.(2) PATCH PANEL ADC 4268450024 RM PS 20987CLICK ON PHOTO FOR MORE PICTURES (BID PRICE X 2)
  17215.(10) PATCH PANEL ADC BPOP1-HN RM PS 25525 (BID PRICE X 10)17236.(6) PATCH PANEL ADC BPOP1-HN RM PS 25527 (BID PRICE X 6)17309.(6) PATCH PANEL ADC PPA114MCIINO RM PS 23102 (BID PRICE X 6)17238.(2) PATCH PANEL ADC PPA114MKIIHN RM PS 22651 (BID PRICE X 2)17519.PATCH PANEL ADC PPA114MKIIHN RM PS 2265217525.(2) PATCH PANEL ADC PPA114MKIIHN RM PS 22650 (BID PRICE X 2)17465.PATCH PANEL ADC PPA3-18MKII-HN RM PS 18018CLICK ON PHOTO FOR MORE PICTURES
  17466.PATCH PANEL ADC PPA318MKIINO RM PS 22691CLICK ON PHOTO FOR MORE PICTURES
  17223.PATCH PANEL ADC PPA114MKIIHN COMES W/ APPROX. 30FT CABLING RM PS 2265317214.PATCH PANEL AUDIO ACCESSORIES 157W RM PS 169417474.(9) PATCH PANEL AUDIO ACCESSORIES 157W RM PS 20981 (BID PRICE X 9)17225.PHASESCOPE B&B SYSTEMS AM 2HR RM PS 1667216708.PHASESCOPE RAM PS1000 RM PS 1266116709.PHASESCOPE RAM PS1000 RM PS 1266316710.PHASESCOPE RAM PS1000 RM PS16711.PHASESCOPE RAM PS1000 RM PS 1266217318.EQUALIZER JBL 5547A RM PS 1630417036.EQUALIZER ORBAN 622B RM PS 598017037.EQUALIZER ORBAN 622B RM PS 349916750.EQUALIZER ORBAN 672 A/V RM PS 1760416742.EQUALIZER ORBAN 672A RM PS 504816768.EQUALIZER ORBAN 672A RM PS 502816769.EQUALIZER ORBAN 672A RM PS 1752816770.EQUALIZER ORBAN 672A RM PS 504916771.EQUALIZER ORBAN 672A RM PS 585317350.EQUALIZER ORBAN 674A RM PS 1231617272.EQUALIZER STAX ED-1 IN BOX RM PSCLICK ON PHOTO FOR MORE PICTURES
  16741.EQUALIZER ORBAN 672A RM PS 1752716740.EQUALIZER ORBAN 674A RM PS 1411516746.EQUALIZER GRAPHIC UREI 530 RM PS 256516721.EQUALIZER NOTCH LAFONT LP21 RM PS 2404016722.EQUALIZER NOTCH LAFONT LP21 RM PS 2404216725.EQUALIZER NOTCH LAFONT LP21 RM PS 2403416726.EQUALIZER NOTCH LAFONT LP21 RM PS 2404616727.EQUALIZER NOTCH LAFONT LP21 RM PS 2567016729.EQUALIZER NOTCH LAFONT LP21 RM PS 2403316730.EQUALIZER NOTCH LAFONT LP21 RM PS 2404516731.EQUALIZER NOTCH LAFONT LP21 RM PS 2404716732.EQUALIZER NOTCH LAFONT LP21 RM PS 2402016651.FREQUENCY EXTENDER COMREX PLX RM PS 1215317540.FREQUENCY EXTENDER COMREX PLX RM PS 13594CLICK ON PHOTO FOR MORE PICTURES
  17526.FREQUENCY EXTENDER COMREX RLX RM PS 10861CLICK ON PHOTO FOR MORE PICTURES
  17538.FREQUENCY EXTENDER COMREX RLX RM PS 346016815.DIRECT INTERFACE MODULE TELOS TELOS 100 RM PS 2840116723.DIRECT INTERFACE MODULE TELOS TELOS 100 DIRECT INTERFACE MODULE RM PS 1253717281.DIRECT INTERFACE MODULE TELOS TELOS 100 DIRECT INTERFACE MODULE RM PS 24072CLICK ON PHOTO FOR MORE PICTURES
  17295.DIRECT INTERFACE MODULE TELOS TELOS 100 IN BOX RM PS 28350CLICK ON PHOTO FOR MORE PICTURES
  17368.DISTRABUTION AMPLIFIER SONY L1001 RM PS 1998917518.DISTRABUTION AMPLIFIER SONY L1001 RM PS17727.(3) DISTRIBUTION AMP SYMETRIX 581E RM B 36711 (BID PRICE X 3)17711.DISTRIBUTION AMP WITH 5 2A102 CARDS BENCHMARK SYSTEM1000 RM B 1665716736.DISTRIBUTION AMPLIFIER SONY L1001 RM PS 3169516745.DISTRIBUTION AMPLIFIER SONY L1001 RM PS 56517164.DISTRIBUTION AMPLIFIER SONY L1001 RM PS17367.DISTRIBUTION AMPLIFIER (MODIFIED HF RESPONSE) SONY L1001 RM PS 1998717014.DUAL ALPHA OUTPUT CONTROLLER SAS ANC8D RM PS 2020617016.DUAL ALPHA OUTPUT CONTROLLER SAS ANC8D RM PS 2020717022.DUAL ALPHA OUTPUT CONTROLLER SAS ANC8D RM PS 2128817024.DUAL ALPHA OUTPUT CONTROLLER SAS ANC8D RM PS 2020516832.(2) DUAL MODE ACTIVE MATRIX AEA MS38 RM PS 11560 (BID PRICE X 2)16793.ENCODER DOLBY DP503 RM PS 2199017564.ENCODER ZEPHYRUS STEREO 3 RM PS 2841316660.ASSIGNMENT SWITCHER SAS ASM 7 RM PS17729.ASSIGNMENT PANEL SAS ASM7 RM B 1794516661.ASSIGNMENT SWITCHER SAS ASM 7 RM PS 1655317326.ASSIGNMENT SWITCHER SAS ASM 7 RM PS 1661817291.AUTOMATION CONTROL UNIT STUDER WRAPPED, IN BOX RM PSCLICK ON PHOTO FOR MORE PICTURES
  17292.AUTOMATION CONTROL UNIT STUDER WRAPPED, IN BOX RM PSCLICK ON PHOTO FOR MORE PICTURES
  17152.BANDWIDTH EXTENSION SYSTEM ROOD BAX110D RM PS 1040717310.CENTRAL ELECTRONICS RTS 4010 RM PS 1883817472.CHAMP TOOL AMP MI-1 IN PROTECTIVE BOX RM PSCLICK ON PHOTO FOR MORE PICTURES
  16739.FILTER SET UREI 565 RM PS 1663516737.FILTER SET UREI 565T RM PS 1225716755.FILTER SET UREI 565T RM PS 517417018.GENERAL PURPOSE INTERFACE SAS GPI 1600 RM PS 1655516772.GENERAL PURPOSE INTERFACE CONTROLLER SAS GPI 1600 RM PS 1794717012.HUB HEWLETT PACKARD PROCURVE 10/100 HUB RM PS 2724016780.(12) HYBRID JK AUDIO BROADCAST HOST RM PS 38584 (BID PRICE X 12)17666.HYBRID JK AUDIO INKEEPER PBX IN BOX RM B 3559317667.HYBRID JK AUDIO INNKEEPER PBX IN BOX RM B 3532917222.I/O CONVERTER BOX 8-CH. SONIC SOLUTIONS 8-CH. I/O RM PS 2002417325.IFB CONTROL SYSTEM SAS TBM2 RM PS 2035117665.IFB CONTROL SYSTEM SAS PBS-32 RM B 2627117654.(2) IFB CONTROL SYSTEM SAS PBS-32 INCLUDES SAS PUSH BUTTON SELECT PANEL AND SAS MODEL RCS-16 INTERCOM STATION HOUSED IN CUSTOM WOODEN BOX RM B 26273CLICK ON PHOTO FOR MORE PICTURES (BID PRICE X 2)
  17651.IFB CONTROL SYSTEM TELEX 4003M12 IN BOX RM B 2184617530.IFB SYSTEM RTS SYSTEMS 4010 CENTRAL ELECTRONICS RM PS 12701CLICK ON PHOTO FOR MORE PICTURES
  17646.IFB SYSTEM RTS SYSTEMS 4020 RM B 14804CLICK ON PHOTO FOR MORE PICTURES
  17640.(4) IFB USER STATION RTS SYSTEMS 4020 RM B 14805 (BID PRICE X 4)17645.IFB SYSTEM RTS SERIES 4000 RM B 1270017141.LINE LEVEL MIXING AMPLIFIER MIDDLE ATLANTIC PRODUCTS 3223B RM PS17132.MACCOMPANION CYBEX RM PS17342.MIC PREAMP TELEX 465 RM PS17317.(2) MICROPHONE PREAMP SYMETRIX 302 RM PS 36707 (BID PRICE X 2)17650.WIRELESS MIC RECEIVER TELEX FMR 70 IN BOX RM B 1631016826.(2) MIDI REMOTE CONTROLLER LEXICON MRC RM PS 18442 (BID PRICE X 2)17700.MINIDISC DECK SONY MDS JE480 IN BOX RM B17701.MINIDISC DECK SONY MDS JE480 IN BOX RM B17713.MINIDISC RECORDER SONY MDSE10 IN BOX RM B17356.MULTIPLEXOR ADTRAN TSU-100 RM PS 2647617714.MINIDISC RECORDER SONY MDSE10 IN BOX RM B16672.MUSICAM CORPORATE COMPUTER SYSTEMS CDQ1000 RM PS 1538716674.MUSICAM CORPORATE COMPUTER SYSTEMS CDQ1000 RM PS16670.MUSICAM CORPORATE COMPUTER SYSTEMS CDQ2000 RM PS 1535816671.MUSICAM CORPORATE COMPUTER SYSTEMS CDQ2000 RM PS 2017816662.MUSICAM CORPORATE COMPUTER SYSTEMS CDQ1000 RM PS16663.MUSICAM CORPORATE COMPUTER SYSTEMS CDQ1000 RM PS 1596116724.NOISE ELIMINATOR KLH TNE 7000A RM PS 2554416795.NOISE REDUCTION UNIT DOLBY 363 RM PS16796.NOISE REDUCTION UNIT DOLBY 363 RM PS 1299716797.NOISE REDUCTION UNIT DOLBY 363 RM PS16798.NOISE REDUCTION UNIT DOLBY 363 RM PS 1299216800.NOISE REDUCTION UNIT DOLBY 363 RM PS 1299617169.NOISE REDUCTION UNIT DOLBY 363 RM PS 1765216720.NOTCH FILTER LAFONT LP24 RM PS 2576817150.NY SWITCHER CONTROL NPR RM PS 2684617139.(3) OPTICAL CONVERTER SONIC SOLUTIONS SS611 RM PS 17520 (BID PRICE X 3)17289.OPTICAL CONVERTER SONIC SOLUTIONS SS611 RM PS 17049CLICK ON PHOTO FOR MORE PICTURES
  17188.OSCILATOR HP 651B RM PS17304.OSCILLOSCOPE CAMERA SHACKMAN RM PS 576316693.RECORDER DAT HHB PDR1000 PORTA DAT RM PS 1929916829.RECORDER DAT PANASONIC SV3700 RM PS 1433516830.RECORDER DAT PANASONIC SV3700 RM PS 1791816676.RECORDER DAT PANASONIC SV3800 RM PS 2109316844.RECORDER DAT SONY DTC ZE700 RM PS 2020117678.AUDIO EQUIPMENT WITH POWER SUPPLY RM BCLICK ON PHOTO FOR MORE PICTURES
  17149.RECORDER DAT SONY DTC-ZE100 RM PS 2972716819.RECORDER DAT SONY DTC-ZE700 RM PS 2444916820.RECORDER DAT SONY DTC-ZE700 RM PS 2651116821.RECORDER DAT SONY DTC-ZE700 RM PS 2784816843.RECORDER DAT SONY DTC-ZE700 RM PS 2607016853.RECORDER DAT SONY DTC-ZE700 RM PS 2766316896.RECORDER DAT SONY DTC-ZE700 RM PS 2743116911.RECORDER DAT SONY DTC-ZE700 RM PS 2567916921.RECORDER DAT SONY DTC-ZE700 RM PS 2606916992.RECORDER DAT SONY DTC-ZE700 RM PS 2552317560.RECORDER DAT SONY DTC-ZE700 RM PS 24960CLICK ON PHOTO FOR MORE PICTURES
  17636.RECORDER DAT SONY DTC-ZE700 RM B 2572116781.RECORDER DAT SONY DTCZE700 RM PS 2384816782.RECORDER DAT SONY DTCZE700 RM PS 2594416783.RECORDER DAT SONY DTCZE700 RM PS 2390316818.RECORDER DAT SONY DTCZE700 RM PS 2192116933.RECORDER DAT SONY DTCZE700 RM PS 2208116934.RECORDER DAT SONY DTCZE700 RM PS 2196616935.RECORDER DAT SONY DTCZE700 RM PS 2196517129.RECORDER DAT SONY DTCZE700 RM PS 2121217421.RECORDER DAT SONY DTCZE700 RM PS 2037617422.RECORDER DAT SONY DTCZE700 RM PS 2192216902.RECORDER DAT SONY DTE-ZE700 RM PS 2606816643.RECORDER DAT SONY PCM7010 RM PS 1794916644.RECORDER DAT SONY PCM7010 RM PS 1433716647.RECORDER DAT SONY PCM7010 RM PS 1662716919.RECORDER DAT SONY PCM7010 RM PS 1433616926.RECORDER DAT SONY PCM7010 RM PS 1433816927.RECORDER DAT SONY PCM7010 RM PS 1661316961.RECORDER DAT SONY PCM7010 RM PS 1682416962.RECORDER DAT SONY PCM7010 RM PS16963.RECORDER DAT SONY PCM7010 RM PS16964.RECORDER DAT SONY PCM7010 RM PS 1675216966.RECORDER DAT SONY PCM7010 RM PS 1665216967.RECORDER DAT SONY PCM7010 RM PS 2186616970.RECORDER DAT SONY PCM7010 RM PS 1450316985.RECORDER DAT SONY PCM7010 RM PS 1662016986.RECORDER DAT SONY PCM7010 RM PS 1680817127.RECORDER DAT SONY PCM7010 RM PS 2323517394.RECORDER DAT SONY PCM7010 RM PS 1661217395.RECORDER DAT SONY PCM7010 RM PS16965.RECORDER DAT SONY PCM7010F RM PS 1893217604.RECORDER DAT SONY PCM7010F RM PS 16517CLICK ON PHOTO FOR MORE PICTURES
  16969.RECORDER DAT SONY PCM7010T RM PS 1891716714.RECORDER DAT SONY PCMR500 RM PS 2430116764.RECORDER DAT SONY PCMR500 RM PS 2182916765.RECORDER DAT SONY PCMR500 RM PS 2250516990.RECORDER DAT SONY PCMR500 RM PS 2407017008.RECORDER DAT SONY PCMR500 RM PS 2803217166.RECORDER DAT SONY PCMR500 RM PS 2802917178.RECORDER DAT SONY PCMR500 RM PS 2691117196.RECORDER DAT SONY PCMR500 RM PS 2690517206.RECORDER DAT SONY PCMR500 RM PS 2803417210.RECORDER DAT SONY PCMR500 RM PS 2183017516.RECORDER DAT SONY PCMR500 RM PS 2691317517.RECORDER DAT SONY PCMR500 RM PS 2690617521.RECORDER DAT SONY PCMR500 RM PS 2690917522.RECORDER DAT SONY PCMR500 RM PS 2691017543.RECORDER DAT SONY PCMR500 RM PS 2691217680.RECORDER DAT SONY PCMR500 RM B 2690817248.RECORDER DAT SONY PCM7010 DEAD- PARTS ONLY RM PS 1665117249.RECORDER DAT SONY PCM7010F DEAD, MISSING TOP COVER- PARTS ONLY RM PS 1519917240.RECORDER DAT SONY PCM7010 DEAD, PARTS ONLY RM PS 1663317241.RECORDER DAT SONY PCM7010 DEAD, PARTS ONLY RM PS 1658117243.RECORDER DAT SONY PCM7010 DEAD, PARTS ONLY, MISSING TOP COVER RM PS 1678717246.RECORDER DAT SONY PCM7010T WILL NOT RECORD, NO MEMORY START- PARTS ONLY RM PS 1891616719.RECORDER DAT TASCAM DA88 RM PS 2186516689.RECORDER DAT TASCAM DA98 RM PS 2401716690.RECORDER DAT TASCAM DA98 RM PS 2385816691.RECORDER DAT TASCAM DA98 2385716692.RECORDER DAT TASCAM DA98 RM PS 2401816678.900 A FRAME WITH 4 DBX 902 CARDS DBX F900ADO RM PS 1659917495.(2) AES/EBU & S/PBDIF I/O CARD PANASONIC WR-AESS RM PSCLICK ON PHOTO FOR MORE PICTURES (BID PRICE X 2)
  17226.ANALOG TEST SET DIGIDESIGN MX001 RM PS 2788816751.ANALOG TEST SET WILTRON 9602 RM PS 2303217294.ANNUNCIATOR ALARM PULEO ELECTRONICS PE102-32-115VAC WRAPPED IN BOX RM PS 39768CLICK ON PHOTO FOR MORE PICTURES
  16786.(6) CARDBUS ADAPTER IOGEAR IEEE 1394 RM PSCLICK ON PHOTO FOR MORE PICTURES (BID PRICE X 6)
  17461.CD DUPLICATOR ROBOTIC RIMAGE RAS1IIMN RM PS 22094CLICK ON PHOTO FOR MORE PICTURES
  17232.INTERCOM CONTROLLER PHILIPS LBB7051140 RM PS 2294917664.INTERCOM STATION SAS RCS16 RM B 3913017655.INTERCOM STATION SAS RCS16 IN CUSTOM WOODEN BOX RM B 3912816738.LITTLE DIPPER UREI 565 RM PS 126916846.(4) NANOLAMP SERIES ATI L200 RM PS 31044 (BID PRICE X 4)17337.NEW TAPE MEDIA AMPEX RECORDING MEDIA CORPORATION BOX OF 10 REELS RM PSCLICK ON PHOTO FOR MORE PICTURES
  17338.NEW TAPE MEDIA AMPEX RECORDING MEDIA CORPORATION BOX OF 10 REELS RM PS17339.NEW TAPE MEDIA AMPEX RECORDING MEDIA CORPORATION BOX OF 10 REELS RM PS17330.NOISE REDUCTION UNIT DOLBY 363 RM PS 1294817191.NR DOLBY 361 RM PS 323717192.NR DOLBY 361 RM PS 323817207.NR UNIT DOLBY 363 RM PS 1539817208.NR UNIT DOLBY 363 RM PS 1299516677.PAI PARALLEL SSL CONSOLE INTERFACE BOX STUDER DMCH RM PS 2201516997.PARAGON MATRIX SWITCH RARITAN UMT8 RM PS 2598616701.PARAMETRIC EQ ORBAN 672A RM PS 1106516784.PERSONAL AUDIO EDITOR 360 SYSTEMS SC1801 SHORTCUT RM PS 1948317494.PERSONAL MONITOR SPEAKER FOSTEX 6301BE IN BOX DEAD PARTS ONLY RM PSCLICK ON PHOTO FOR MORE PICTURES
  16779.PHONE COUPLER EELA AUDIO REPORTER PHONE RM PS 2000117534.PHONER RM PS 1760317536.PHONER RM PS16675.PHONER WHITE BOX WITH BUTTONS DIALS RM PS17491.PORTABLE FLASHCARD BURNER KANGURU SLIMFC-RW RM PSCLICK ON PHOTO FOR MORE PICTURES
  17429.POWER AMP NAD 3240PE DEAD, PARTS ONLY RM PS 1147417661.POWER AMP JBL 6260 RM B17482.POWER AMPLIFIER YAMAHA PC2602 RM PS 1461817334.POWER AMPLIFIER UREI 6260 RM PS17184.POWER CONDITIONERS AMERICAN POWER LINE R1250 RM PS 1540516828.POWERMATE RTF EMR-18/24CC RM PS17194.PROCESSOR AUDIO DIGITAL TC4 RM PS 2097816840.(4) PROCESSOR INFINITY LXP1 RM PS 12679 (BID PRICE X 4)17523.PROCESSOR LEXICON PCM-81 RM PS 2678317266.(5) RC-RW901SL REMOTES TASCAM BOX OF 5, WITH 7 POWER STRIPS RM PS (BID PRICE X 5)16850.RECTIFIER POWER ONE HTAA 16W RM PS17331.REVERB ALESIS MICROVERB 4 RM PS 2579116749.REVERB LEXICON 300 RM PS 1763116666.RF PROCESSOR JERROLD COMMUNICATIONS S450P RM PS 1825516667.RF PROCESSOR JERROLD COMMUNICATIONS S450P RM PS 1825416668.RF PROCESSOR JERROLD COMMUNICATIONS S450P RM PS 1825616669.RF PROCESSOR JERROLD COMMUNICATIONS S450P RM PS 1825317535.SERIES THREE AUDIO CONTROL RICHTER SCALE P14126 RM PS 12189CLICK ON PHOTO FOR MORE PICTURES
  17492.SLIDE INTERFACE AMX AXB-SLD RM PSCLICK ON PHOTO FOR MORE PICTURES
  17237.SLIDE PROJECTOR KODAK ECTOGRAPHIC III 3 RM PS 1636617497.SMPTE & BSYNC CARD PANSONIC WR-SMPT IN BOX RM PS16799.SR PROCESSOR DOLBY 363 RM PS 1473017381.STERECORDER SONY STEREO CENTER 230 RM PS17528.STERO SYNTHESIZER ORBAN 245E RM PSCLICK ON PHOTO FOR MORE PICTURES
  17504.SWITCH CONSOLE TELOS RM PS17369.SWITCH CONSOLE TELOS TELOS 100 SWITCH CONSOLE RM PS 1671217370.SWITCH CONSOLE TELOS TELOS 100 SWITCH CONSOLE RM PS 1253817498.SWITCH CONSOLE TELOS IN BOX RM PSCLICK ON PHOTO FOR MORE PICTURES
  17510.(2) SWITCH CONSOLE TELOS IN BOX RM PS (BID PRICE X 2)17397.(2) SWITCHER AUDIO PRECISION SWR122M RM PS 11416 (BID PRICE X 2)17179.SWITCHER FRAME SAS 32000 RM PS 3758217527.SWITCHES RM PSCLICK ON PHOTO FOR MORE PICTURES
  17327.SYSTEM CONTROLLER SAS AXC8 RM PS 1661617019.SYSTEM CONTROLLER SAS AXC8 ALPHA RM PS 1678516697.TALLY LIGHT PANEL NPR NA RM PS 2015717233.TERMINAL ADAPTER ADTRAN TSU100 RM PS 3456617264.TERMINAL ADAPTER ASCEND MBVBR14S IN BOX RM PS 2170817705.TIMER ESE 366 RM B 1147217364.TIMER ESE ES-727/UL RM PS 3187017704.TIMER DISPLAY DENECKE 369 RM B 1218217176.TRANSISTOR TESTOR SENCORE LC53 RM PS 2320617217.TRASIENT NOISE ELIMINATOR KLH TNE 7000A RM PS 501017133.COMPUTER DESKTOP 1000D01810E RM PS 2581017723.COMPUTER IN BLUE TRAVEL CASE, NO WHEELS RM BCLICK ON PHOTO FOR MORE PICTURES
  17187.(2) COMPUTER EXTENDER RARITAN UMT8 RM PS 25995 (BID PRICE X 2)17453.COMPUTER MONITOR SAMSUNG 170T RM PS 31124CLICK ON PHOTO FOR MORE PICTURES
  17157.COMPUTER SERVER BROADCAST ELETRONICS 8089218 RM PS 2603617293.COMPUTER SPEAKERS DELL NEW IN BOX RM PSCLICK ON PHOTO FOR MORE PICTURES
  16831.DRIVE CASE GLYPH TECHNOLOGY ATTO RM PS 2451917273.DRIVER UNIT STAX SRM-1/MK-2 IN BOX RM PSCLICK ON PHOTO FOR MORE PICTURES
  17276.DRIVER UNIT STAX SRM-1/MK-2 IN BOX RM PSCLICK ON PHOTO FOR MORE PICTURES
  16925.4200 SERIES STUDIO MONITOR JBL 4206 RM PS 1514317628.4200 SERIES STUDIO MONITOR JBL 4206 RM B 1515917629.4200 SERIES STUDIO MONITOR JBL 4206 RM B 1515817343.5.6? MONITOR AUDIOVOX VBPEX56 RM PS 3435217452.FLAT SCREEN MONITOR DELL 1708FPT RM PSCLICK ON PHOTO FOR MORE PICTURES
  17162.7? DIGITAL LCD TV/MONITOR PROTECH RM PS17595.COLOR MONIOR VIEWSONIC E655 RM PSCLICK ON PHOTO FOR MORE PICTURES
  17513.COMMUNICATIONS CABLE BELDEN 1000FT RM PSCLICK ON PHOTO FOR MORE PICTURES
  17496.(6) CONNECTION CARD TANDEM CONTAINS 2 MODEL WR-TNDM CONTAINS 4 WR-AESS RM PSCLICK ON PHOTO FOR MORE PICTURES (BID PRICE X 6)
  17185.GAME DISPLAY CHESAPEAKE COMPUTER GROUP NA RM PS 2033517277.HEADPHONE STAX SR LAMBDA IN BOX RM PS17274.HEADPHONE STAX SR-5 IN BOX RM PSCLICK ON PHOTO FOR MORE PICTURES
  17275.HEADPHONE STAX SR-5 IN BOX RM PSCLICK ON PHOTO FOR MORE PICTURES
  17279.HEADPHONE STAX SR-5 NO BOX RM PS 299CLICK ON PHOTO FOR MORE PICTURES
  17278.HEADPHONE STAX SR A NO BOX RM PSCLICK ON PHOTO FOR MORE PICTURES
  16753.MONITOR/KEYBOARD/MOUSE SWITCHER BLACK BOX SERV MANAGER SW996A RM PS 1882917707.MULTIFORMAT MONITOR CONTROLLER MULTIMAX MXML203 RM BCLICK ON PHOTO FOR MORE PICTURES
  17161.PC EXTENDER SNAP I CYBEX RM PS 2344017315.POWER SUPPLY PPS100 RM PS 1490316835.POWER SUPPLY SWA DA RM PS 2686017253.POWER SUPPLY AMERICAN POWER CONVERISION LINE R1250 RM PS 15406CLICK ON PHOTO FOR MORE PICTURES
  17709.POWER SUPPLY BENCHMARK IFA9 RM B 13724CLICK ON PHOTO FOR MORE PICTURES
  17681.(2) POWER SUPPLY BENCHMARK PS202 RM B 16373 (BID PRICE X 2)17153.POWER SUPPLY DRAKE PSM121 RM PS17195.POWER SUPPLY HEATHKIT IP2710 RM PS 339316763.POWER SUPPLY LAMBDA LCSCC50V RM PS 2090916827.POWER SUPPLY LAMBDA LCSCC50V RM PS 2091016759.POWER SUPPLY LAMBDA LXSD50VR RM PS 2090816760.POWER SUPPLY LAMBDA LXSD50VR RM PS 2091116758.POWER SUPPLY NPR NA RM PS 1754016757.POWER SUPPLY NPR NA RM PS 1251216834.POWER SUPPLY POWER ONE CP270 RM PS 2091217349.POWER SUPPLY POWER ONE E15-9 RM PS17151.POWER SUPPLY SONY AC P2000P RM PS 1180417287.REGULATED POWER SUPPLY LAMBDA LM E24 RM PS 1340CLICK ON PHOTO FOR MORE PICTURES
  17647.POWER TRANSFORMER MCINTOSH 043-693 RM B 12545CLICK ON PHOTO FOR MORE PICTURES
  17726.(10) ASSORTED LENGTH POWER STRIPS RM BCLICK ON PHOTO FOR MORE PICTURES (BID PRICE X 10)
  17463.ROUTER SAS SAS16000 RM PS 2583217332.ROUTER / SWITCHER BROADCAST TOOLS SS4.1111 RM PS 3893917333.ROUTER / SWITCHER BROADCAST TOOLS SS4.1111 RM PS 3894216704.ROUTER CONTROL PANEL LEITCH 16X16P RM PS 2678517542.(2) ROUTER CONTROL PANEL LEITCH 16X16P RM PS 26784 (BID PRICE X 2)17544.ROUTER CONTROL PANEL LEITCH RCP-16X16P RM PS 2586217239.ROUTING SWITCHER SAS SAS 32000 RM PS 1662117265.STUDIO MONITOR JBL 4412A IN BOX RM PS 15335CLICK ON PHOTO FOR MORE PICTURES
  17476.STUDIO MONITOR UREI 809 RM PS 14634CLICK ON PHOTO FOR MORE PICTURES
  17336.STUDIO POWER SUPPLY NPR RM PS 1240817669.TELEPHONE ANSWERING SYSTEM PANSONIC KX-F750 RM B16656.(6) TELEPHONE REMOTE CONEX DT40 RM PS 31514 (BID PRICE X 6)17596.TELEVISION SONY WAGA IN BOX RM PS17259.UPS AMERICAN POWER CONVERTOR SU700NET RM PS 2448017261.UPS APC SMART-UPS RM PS 2614317255.UPS APC SMART-UPS 420 RM PS17137.UPS APC SMART-UPS 600 RM PS 1864517254.UPS APC SMART-UPS 600 RM PS 18635CLICK ON PHOTO FOR MORE PICTURES
  17258.UPS APC SMART-UPS 600 RM PS 18644CLICK ON PHOTO FOR MORE PICTURES
  17563.UPS APC SMART-UPS 600 RM PS 1864917260.UPS APC SU420NET RM PS 2602417562.UPS APC SU420NET RM PS 2601617256.UPS PRO APC BP420PNP RM PS 2006417502.USB AUDIO INTERFACE DIGIGRAM UAX220 RM PS17503.USB STEREO AUDIO INTERFACE DIGIGRAM UAX220-MIC RM PS17454.VIDEO MONITOR VM-901B RM PS16700.WHITE BOX INPUT RM PS17335.CAMERA PANASONIC WVCS304 RM PS 1764317488.(7) CAMERA BAG TAMRAC 515 RM PSCLICK ON PHOTO FOR MORE PICTURES (BID PRICE X 7)
  16682.CAMERA CONTROLLER PANASONIC WVCU101 RM PS 1764417668.CAMERA WALL MOUNT RAINBOW CCTV IN BOX RM B17561.CD EVALUATOR STAGETECH EC2 RM PS 2433716903.CD PLAYER HARMAN KARDON HD 7525 RM PS 1511217403.CD PLAYER HARMAN KARDON HD 7525 RM PS 1505516754.CD PLAYER HARMAN KARDON HD 7725 RM PS 1503816845.CD PLAYER HARMAN KARDON HD 7725 RM PS 1504317229.CD PLAYER SONY CDP 215 RM PS 1602817300.CD PLAYER SONY CDP 215 RM PS 1610317376.CD PLAYER SONY CDP 215 RM PS 1602916646.CD PLAYER SONY CDP 2700 RM PS 1684316842.CD PLAYER SONY CDP 2700 RM PS 1684216928.CD PLAYER SONY CDP-XE270 RM PS 2782017323.CD PLAYER SONY CDP-XE270 RM PS 2842416906.CD PLAYER SONY CDP-XE370 RM PS 3640216839.FM STEREO RECEIVER SONY CDP-XE400 RM PS 2674516893.CD PLAYER SONY CDP-XE400 RM PS 2673516899.CD PLAYER SONY CDP-XE400 RM PS 2650916930.CD PLAYER SONY CDP-XE400 RM PS 2562216931.CD PLAYER SONY CDP-XE400 RM PS 2652316939.CD PLAYER SONY CDP-XE400 RM PS 2506017321.CD PLAYER SONY CDP-XE400 RM PS 2673916920.CD PLAYER SONY CDP261 RM PS 1777016929.CD PLAYER SONY CDP261 RM PS 1767417009.CD PLAYER SONY CDPD500 RM PS 2613617010.CD PLAYER SONY CDPD500 RM PS 2613517205.CD PLAYER SONY CDPD500 RM PS 2613716789.CD PLAYER SONY CDPXE400 RM PS 2103316873.CD PLAYER SONY CDPXE400 RM PS 1997416897.CD PLAYER SONY CDPXE400 RM PS 2270716900.CD PLAYER SONY CDPXE400 RM PS 2019016901.CD PLAYER SONY CDPXE400 RM PS 2389317322.CD PLAYER SONY CDPXE400 RM PS 2265517378.CD PLAYER SONY CDPXE400 RM PS 2128617441.CD PLAYER SONY CDPXE400 RM PS 2373217555.CD PLAYER SONY CDPXE400 RM PS 23851CLICK ON PHOTO FOR MORE PICTURES
  16898.CD PLAYER SONY CDPXE500 RM PS 2040517377.CD PLAYER SONY XE500 RM PS 1930817402.CD PLAYER SONY CDP-XE400 MISSING POWER BUTTON RM PS 2671717717.CD PLAYER SONY CDP-XE400 RM B 2561617346.CD PLAYER TECHNICS SL-P150 RM PS 1764616904.CD PLAYER TECHNICS SL P1300 RM PS 1434216713.CD RECORDER HHB CDR850 RM PS17553.CD/DVD PLAYER PANASONIC PV-D4744S RM PS 3726417499.AMFM CASSETTE RADIO JWIN JX-P112B RM PS17670.XM RADIO BOOMBOX DELPHI SKYFI NO POWER SUPPLY RM B16996.CASSETTE KABA RTDS 4TS RM PS 1143716999.CASSETTE KABA RTDS 4TS RM PS 1143117000.CASSETTE KABA RTDS 4TS RM PS 1143217002.CASSETTE KABA RTDS 4TS RM PS 1143517003.CASSETTE KABA RTDS 4TS RM PS 1143317005.CASSETTE KABA RTDS 4TS RM PS 1143817011.CASSETTE KABA RTDS 4TS RM PS 1143417038.CASSETTE KABA RTDS 4TS RM PS 1143017039.CASSETTE KABA RTDS 4TS RM PS 1143917123.CASSETTE KABA RTDS 4TS RM PS 1142817547.CASSETTE KABA RTDS 4TS RM PS 1142916995.CASSETTE KABA RTDS 4TS MISSING COVER OF CASSETTE FRONT RM PS 1143617007.CASSETTE DECK HARMAN KARDON TD 4400 RM PS 1503617399.CASSETTE DECK PIONEER CT F550 RM PS 515617716.CASSETTE DECK PIONEER CT F550 RM B 515417375.CASSETTE DECK SONY TC RX311 RM PS 1618917154.CASSETTE DECK TASCAM 122 MKII RM PS 1384317181.CASSETTE DECK TASCAM 122 MKII RM PS 1384717177.CASSETTE DECK TASCAM 122MKII RM PS 1394416998.CASSETTE DUPLMASTER KABA RTDS 4TM RM PS 1298417004.CASSETTE DUPLMASTER KABA RTDS 4TM RM PS 1346017001.CASSETTE DUPLMASTER KABA RTDS 4TS RM PS 1345917146.CASSETTE PLAYER TECHNICS RS B29R RM PS 1153517483.TAPE DECK OTARI MX5050 BII2 RM PS17484.TAPE DECK OTARI MX5050B2HD RM PSCLICK ON PHOTO FOR MORE PICTURES
  17257.TAPE ERASER AUDIOLAB ELECTRONICS TD 18 RM PS 1586017197.TASCAM 122 MK III CASSETTE TASCAM 122MKIII RM PS 1935917576.COMPACT DISK RECORDER HHB CDR800 RM PS 21089CLICK ON PHOTO FOR MORE PICTURES
  17556.DVD PLAYER B&H PHOTO DV-310S RM PS 4070917230.DVD PLAYER DENON DVD-2200 RM PS 3640517508.DVD PLAYER PANASONIC DVD-S27 RM PS 3651117507.DVD PLAYER PIONEER DV393 RM PS 3900717506.DVD PLAYER SONY SLVD380P RM PS 3883717675.(6) DVD/VCR PLAYER SONY (2) MODEL SLV-D377P, (4) MODEL SLV-D380P, ALL IN BOXRMBBIDPRICEX6FONT.17675.jpg17634.DVD/VCR PLAYER SONY SLV-D380P RM B17203.DVD PLAYER SONY SLVD370P BROKEN VHS SLOT COVER RM PS 3591516838.FM STEREO RECEIVER SONY STR D311 RM PS 1534017594.LCD PROJECTOR SHARP XG-605B IN BLACK ANVILLE CASE WITH WHEELS RM PS 17904CLICK ON PHOTO FOR MORE PICTURES
  16914.(2) LOUDSPEAKER INFINITY REFERENCE ONE RM PS 13739 (BID PRICE X 2)17731.(6) LOUDSPEAKERS INFINITY RS402MKII RM B (BID PRICE X 6)17732.LOUDSPEAKERS JBL LARGE IN BOX RM BCLICK ON PHOTO FOR MORE PICTURES
  17733.LOUDSPEAKERS JBL LARGE IN BOX RM B16868.(2) LOUDSPEAKERS SONY SS EX 3AV RM PS 16021 (BID PRICE X 2)16955.(2) LOUDSPEAKERS SONY SS EX 3AV RM PS 16005 (BID PRICE X 2)17414.(2) LOUDSPEAKERS SONY SS EX 3AV RM PS 16022 (BID PRICE X 2)17307.PROJECTOR VIDEO JVC 9001 RM PS 2279516874.RECEIVER SONY STR D315 RM PS 1607516884.RECEIVER SONY STR D315 RM PS 1606716973.RECEIVER SONY STR D315 RM PS 1604816975.RECEIVER SONY STR D315 RM PS 1604616977.RECEIVER SONY STR D315 RM PS 1606316980.RECEIVER SONY STR D315 RM PS 1606016982.RECEIVER SONY STR D315 RM PS 1608016984.RECEIVER SONY STR D315 RM PS 1606817379.RECEIVER SONY STR D315 RM PS 1604517400.RECEIVER SONY STR D315 RM PS 1606217410.RECEIVER SONY STR D315 RM PS 16064CLICK ON PHOTO FOR MORE PICTURES
  17418.RECEIVER SONY STR D315 RM PS 1605017426.RECEIVER SONY STR D315 RM PS 1605816974.RECEIVER SONY STR D315 RM PS17404.RECEIVER SONY STR D511 RM PS 1574516889.RECEIVER SONY STR-D305 RM PS 1866016871.RECEIVER SONY STRAV 220 RM PS 1251117401.RECEIVER SONY STRAV 220 RM PS 1287116978.RECEIVER SONY STRAV220 RM PS 1250917411.RECEIVER SONY STRD311 RM PS 1477016841.RECEIVER SONY STRD365 RM PS 1767116979.RECEIVER SONY STRD365 RM PS 1775917550.RECEIVER SONY STRD365 OUT OF ORDER PARTS ONLY RM PS 1775816852.RECEIVER SONY STR D511 RM PS 1567117718.RECEIVER TECHNICS SAR230 RM B 1271616938.RECEIVER SONY STR-DE135 RM PS 2563816983.RECEIVER SONY STR-DE135 RM PS 2744917285.RECEIVER SONY STR-DE135 RM PS 2866417347.RECEIVER SONY STR-DE135 RM PS 2606417348.RECEIVER SONY STR-DE135 RM PS 2812017424.RECEIVER SONY STR-DE135 RM PS 2682716910.RECEIVER SONY STR-DE185 RM PS 3639717420.RECEIVER SONY STRAV270 RM PS 1387717173.RECEIVER SONY STRDE135 RM PS 2275117551.RECEIVER SONY STRDE135 RM PS 2275216888.RECEIVER SONY STRDE179 RM PS 3550416883.RECEIVER SONY STRDE310 RM PS 2271116941.RECEIVER SONY STRDE310 RM PS 2103016971.RECEIVER SONY STRDE310 RM PS 2179417286.RECEIVER SONY STRDE310 RM PS 2031417316.RECEIVER SONY STRDE310 RM PS 2179017405.RECEIVER SONY STRDE310 RM PS 2265817416.RECEIVER SONY STRDE310 RM PS 2031717417.RECEIVER SONY STRDE310 RM PS 2103516890.RECEIVER SONY STRDE315 RM PS 2019417180.RECEIVER SONY STRDE315 RM PS 2038917419.RECEIVER SONY STRDE315 RM PS 2194717425.RECEIVER SONY STRDE315 RM PS 2019316908.RECEIVER TECHNICS SA-EX110 RM PS 2506216976.RECEIVER TECHNICS SA-EX110 RM PS 2492416972.RECEIVER TECHNICS SAEX110 RM PS 2375016987.RECEIVER TECHNICS SAEX110 RM PS 2465317407.RECEIVER TECHNICS SAEX110 RM PS 2465117412.RECEIVER TECHNICS SAEX110 RM PS 2375217408.RECEIVER TECHNICS SAEX140 RM PS 2487117147.RECEIVER TECHNICS SAR277 RM PS 1305917409.RECEIVER TECHNICS SAR330 RM PS 1289717684.(2) SPEAKER VERY LARGE RM B (BID PRICE X 2)17686.(2) SPEAKER VERY LARGE RM B (BID PRICE X 2)16649.SPEAKER CAMBRIDGE SET OF 3 RM PS16650.SPEAKER FOSTEX 6301B RM PS16870.(2) SPEAKER INFINITY RS1000 RM PS 12886 (BID PRICE X 2)16949.(2) SPEAKER INFINITY RS1000 RM PS 12629 (BID PRICE X 2)17131.(2) SPEAKER INFINITY RS1000 RM PS 11196 (BID PRICE X 2)16953.(2) SPEAKER INFINITY RS2000 RM PS 11309 (BID PRICE X 2)17250.(2) SPEAKER INFINITY RS2000 RM PS 11520CLICK ON PHOTO FOR MORE PICTURES (BID PRICE X 2)
  16657.SPEAKER INFINITY RS225 RM PS 1122017449.SPEAKER JBL 4410A RM PS 16364CLICK ON PHOTO FOR MORE PICTURES
  17479.SPEAKER JBL 4496L RM PSCLICK ON PHOTO FOR MORE PICTURES
  16947.SPEAKER JBL REFERENCE ONE RM PS 1425616958.(2) SPEAKER JBL REFERENCE ONE RM PS 14257 (BID PRICE X 2)17478.SPEAKER JBL 4496R BROKEN RM PSCLICK ON PHOTO FOR MORE PICTURES
  17630.(4) SPEAKER JBL CONTROL 1 PLUS 1 SPEAKER HAS ?BROKEN TWEET AND INPUT? RM B 16559CLICK ON PHOTO FOR MORE PICTURES (BID PRICE X 4)
  17632.SPEAKER JBL LT1 RM B17382.SPEAKER KEF 103.2 RM PS 1666316655.SPEAKER MIKROLAB MIKROMONITOR I RM PS 113016653.(14) SPEAKER MINI MESA 30 RM PS 3400 (BID PRICE X 14)16878.SPEAKER PINNACLE RM PS16877.SPEAKER PINNACLE AC550 RM PS 2031216912.(2) SPEAKER PINNACLE AC550 RM PS 20316 (BID PRICE X 2)16951.(2) SPEAKER PINNACLE AC550 RM PS 20385 (BID PRICE X 2)17430.SPEAKER PINNACLE AC550 RM PS 1938217631.SPEAKER REALISTIC MINIMUS 7 RM B 526816654.(11) SPEAKER REALISTIC MINIMUS-7 RM PS 256 (BID PRICE X 11)17290.SPEAKER REALISTIC MINIMUS 7 WHITE, IN BOX RM PSCLICK ON PHOTO FOR MORE PICTURES
  16855.(2) SPEAKER SONY RM PS (BID PRICE X 2)16876.(2) SPEAKER SONY RM PS 22729 (BID PRICE X 2)16867.(2) SPEAKER SONY RM PS 25261 (BID PRICE X 2)16924.(2) SPEAKER SONY SS 555 RM PS 5917 (BID PRICE X 2)16943.SPEAKER SONY SS 555 RM PS 593616945.(2) SPEAKER SONY SS 555 RM PS 271 (BID PRICE X 2)16948.SPEAKER SONY SS 555 RM PS 7816950.(2) SPEAKER SONY SS 555 RM PS 272 (BID PRICE X 2)17415.(3) SPEAKER SONY SS 555 RM PS 5937 (BID PRICE X 3)17622.SPEAKER SONY SS-555 RM B 6CLICK ON PHOTO FOR MORE PICTURES
  17623.SPEAKER SONY SS-555 RM BCLICK ON PHOTO FOR MORE PICTURES
  16856.(2) SPEAKER SONY SS-MB115 RM PS 25618 (BID PRICE X 2)16913.(2) SPEAKER SONY SS-MB115 RM PS 25617 (BID PRICE X 2)16872.(2) SPEAKER SONY SS-MB115 RM PS 25773 (BID PRICE X 2)16916.(2) SPEAKER SONY SS-MB115 RM PS 25587 (BID PRICE X 2)16923.SPEAKER SONY SS-MB115 RM PS 2674616940.(2) SPEAKER SONY SS-MB115 RM PS 26060 (BID PRICE X 2)16942.SPEAKER SONY SS-MB115 RM PS 2674616957.(2) SPEAKER SONY SS-MB115 RM PS 25071 (BID PRICE X 2)17387.(3) SPEAKER SONY SS-MB115 RM PS 25587 (BID PRICE X 3)17390.(2) SPEAKER SONY SS-MB115 RM PS (BID PRICE X 2)17393.(2) SPEAKER SONY SS-MB115 RM PS (BID PRICE X 2)17423.(2) SPEAKER SONY SS-MB115 RM PS 25041 (BID PRICE X 2)17627.SPEAKER SONY SS-MB115 RM BCLICK ON PHOTO FOR MORE PICTURES
  16857.(2) SPEAKER SONY SS-MB200H RM PS 27817 (BID PRICE X 2)16869.(2) SPEAKER SONY SS-MB200H RM PS 27338 (BID PRICE X 2)16875.(2) SPEAKER SONY SS-MB200H RM PS 27344 (BID PRICE X 2)16918.(2) SPEAKER SONY SS-MB200H RM PS 27344 (BID PRICE X 2)16944.SPEAKER SONY SS-MB200H RM PS 2811717386.(2) SPEAKER SONY SS-MB200H RM PS 27452 (BID PRICE X 2)17388.(2) SPEAKER SONY SS-MB200H RM PS (BID PRICE X 2)17389.(2) SPEAKER SONY SS-MB200H RM PS (BID PRICE X 2)17392.(2) SPEAKER SONY SS-MB200H RM PS (BID PRICE X 2)17396.SPEAKER SONY SS-MB200H RM PS 2781816917.(2) SPEAKER SONY SS-MMB200H RM PS 27744 (BID PRICE X 2)16956.SPEAKER SONY SS-MMB200H RM PS 2774616865.(2) SPEAKER SONY SSEX3AV RM PS 17813 (BID PRICE X 2)16915.(3) SPEAKER SONY SSMB115 RM PS 22724 (BID PRICE X 3)16946.(2) SPEAKER SONY SSMB115 RM PS 22721 (BID PRICE X 2)17391.(2) SPEAKER SONY SS-MB115 RM PS (BID PRICE X 2)16854.SPEAKER SOUNDWORKS PC WORKS RM PS17242.(2) SPEAKER SUNTRON RS 2000 RM PS 3354 (BID PRICE X 2)17130.(2) SPEAKER TECHNICS NA RM PS 11215 (BID PRICE X 2)16645.(2) SPEAKER TECHNICS SB F5 RM PS 10788 (BID PRICE X 2)16954.(2) SPEAKER TECHNICS SB F5 RM PS 13622 (BID PRICE X 2)16652.SPEAKER UBL CONTROL 1C SET OF 2 RM PS 1923117734.(2) SPEAKER UREI 809 RM B 18198CLICK ON PHOTO FOR MORE PICTURES (BID PRICE X 2)
  16952.SPEAKER COMPONENTS JBLRMPSFONT.16952.jpg17124.STEREO AM/FM RECEIVER SONY STR-DE305 RM PS 1924817170.STEREO AM/FM RECEIVER SONY STR-DE310 RM PS 1930217186.STEREO AUDIO ROUTING SWITCHER SAS 32000 RM PS16993.STEREO CASSETTE DECK SONY TC-KE400S RM PS 1868517121.STEREO RECEIVER HARMAN KARDON HK 3500 RM PS 1500717167.STEREO RECEIVER HARMAN KARDON HK 3500 RM PS 1498016981.STEREO RECEIVER SONY STR D315 RM PS 1627317354.STEREO RECEIVER SONY STR-DE305 RM PS 1868616936.STEREO RECEIVER SONY STRDE310 RM PS 1937717428.STEREO VCR (SUPER BETA HIFI) SONY SL HF 450 RM PS 1127716687.RECORDER 8MM TASCAM DA-78HR RM PS 2611316688.RECORDER 8MM TASCAM DA-78HR RM PS 25965CLICK ON PHOTO FOR MORE PICTURES
  17581.RECORDER CASSETTE HHB CDR800 RM PS16887.RECORDER CASSETTE SONY TC KE400S RM PS 1869816895.RECORDER CASSETTE SONY TC-WE435 RM PS 2560716907.RECORDER CASSETTE SONY TC-WE435 RM PS 2574417298.RECORDER CASSETTE SONY TC-WE435 RM PS 2493516894.RECORDER CASSETTE SONY TCWE405 RM PS 2037717353.RECORDER CASSETTE SONY TCWE405 RM PS 2256717406.RECORDER CASSETTE SONY TCWE435 RM PS 2474517380.RECORDER CASSETTE SONY TYCKE400S RM PS 2110117155.RECORDER CASSETTE TASCAM 122MKIII RM PS 1994616989.RECORDER CASSETTE TEAC V 285CHX RM PS 1331516909.RECORDER CASSETTE TEAC V390CHX RM PS 1430316801.RECORDER CD DENON DNM991R RM PS 3067816802.RECORDER CD DENON DNM991R RM PS 2371316803.RECORDER CD DENON DNM991R RM PS 2370816806.RECORDER CD DENON DNM991R RM PS 2372416807.RECORDER CD DENON DNM991R RM PS 2372116811.RECORDER CD DENON DNM991R RM PS 2371016812.RECORDER CD DENON DNM991R RM PS 2372216813.RECORDER CD DENON DNM991R RM PS 2371416814.RECORDER CD DENON DNM991R RM PS 2371617182.RECORDER CD HHB CDR800 RM PS 2171817557.RECORDER CD HHB CDR800 RM PS 21715CLICK ON PHOTO FOR MORE PICTURES
  17558.RECORDER CD HHB CDR800 RM PS 26284CLICK ON PHOTO FOR MORE PICTURES
  17559.RECORDER CD HHB CDR800 RM PS 21710CLICK ON PHOTO FOR MORE PICTURES
  17577.RECORDER CD HHB CDR800 RM PS 2628117578.RECORDER CD HHB CDR800 RM PS 26282CLICK ON PHOTO FOR MORE PICTURES
  17579.RECORDER CD HHB CDR800 RM PSCLICK ON PHOTO FOR MORE PICTURES
  17580.RECORDER CD HHB CDR800 RM PSCLICK ON PHOTO FOR MORE PICTURES
  16756.RECORDER CD HHB COMM CDR-850 PLUS RM PS 2590517639.RECORDER CD PLEXTOR PX-R820TE RM B 2488717352.RECORDER CD SONY CDP-XE270 RM PS 2734517125.RECORDER CD TASCAM CD-RW2000 RM PS 3635617168.RECORDER CD TASCAM CD-RW2000 RM PS 2759217308.RECORDER CD TASCAM CD-RW2000 NOT READING CD?S RM PS 2766716805.RECORDER MD DENON DNM991R RM PS 2371516808.RECORDER MD DENON DNM991R RM PS 2370916804.RECORDER MINI DISC DENON DN-M991R RM PS 2701516810.RECORDER MINI DISC DENON DN-M991R RM PS 2701316809.RECORDER MINI DISC DENON DNM991R RM PS 2372017224.RECORDER MINI DISC DENON DNM991R RM PS 2370617145.RECORDER MINI DISC SHARP MDMT15 MIC POWER MOD RM PS 2687116836.RECORDER MINI DISC SONY DTC-ZE700 RM PS 2766117144.RECORDER MINI DISC SONY MDS-E10 RM PS 2763917148.RECORDER MINI DISC SONY MDS-E10 RM PS 2763817202.RECORDER MINI DISC SONY MDS-E10 RM PS 2764316747.RECORDER MINI DISC SONY MDS-E11 RM PS 2595016817.RECORDER MINI DISC SONY MDS-JE320 RM PS 2673616932.RECORDER MINI DISC SONY MDS-JE440 RM PS 2585916991.RECORDER MINI DISC SONY MDS-JE440 RM PS 2585117427.RECORDER MINI DISC SONY MDS-JE440 RM PS 2585417674.RECORDER MINI DISC SONY MDS-JE440 RM B 2585717649.RECORDER MINI DISC SONY MDS-JE480 IN BOX RM B 3660016905.RECORDER MINI DISC SONY MDSJE520 RM PS 2220717708.RECORDER TAPE IZ TECHNOLOGY RADAR 24 WITH KEYBOARD, IN RED TRAVEL CASE RM B 34381CLICK ON PHOTO FOR MORE PICTURES
  17450.RECORDER TAPE MCI JH110A2 RM PS 5125CLICK ON PHOTO FOR MORE PICTURES
  17451.RECORDER TAPE MCI JH110A2 RM PS 5070CLICK ON PHOTO FOR MORE PICTURES
  17471.RECORDER TAPE MCI JH110A2 RM PS 129CLICK ON PHOTO FOR MORE PICTURES
  16859.RECORDER TAPE OTARI MX5050 RM PS 587817436.RECORDER TAPE OTARI MX5050 BIII 2 RM PS 16285CLICK ON PHOTO FOR MORE PICTURES
  17437.RECORDER TAPE OTARI MX5050BII 1 RM PS 11237CLICK ON PHOTO FOR MORE PICTURES
  17439.RECORDER TAPE OTARI MX5050BII HD RM PS 10156CLICK ON PHOTO FOR MORE PICTURES
  17435.RECORDER TAPE OTARI MX5050BIII 2 RM PS 15350CLICK ON PHOTO FOR MORE PICTURES
  17438.RECORDER TAPE OTARI MX5050BIII 2 RM PS 15344CLICK ON PHOTO FOR MORE PICTURES
  17485.RECORDER TAPE OTARI MX50II RM PS 1628417442.RECORDER TAPE OTARI MX50N2 RM PS 18282CLICK ON PHOTO FOR MORE PICTURES
  17443.RECORDER TAPE OTARI MX50N2 RM PS 18924CLICK ON PHOTO FOR MORE PICTURES
  17687.RECORDER TAPE STUDER A810 RM B 11480CLICK ON PHOTO FOR MORE PICTURES
  17688.RECORDER TAPE STUDER A810 WITH 2 DOLBY SRAS RM B 11483CLICK ON PHOTO FOR MORE PICTURES
  17486.RECORDER TAPE OTARI DP40500CF MISSING COVERS, DEAD, PARTS ONLY RM PS 3412CLICK ON PHOTO FOR MORE PICTURES
  17473.RECORDER TAPE TEAC A3300SX RM PS 3482CLICK ON PHOTO FOR MORE PICTURES
  17475.RECORDER TAPE TEAC A3300SX 2T RM PS 5500CLICK ON PHOTO FOR MORE PICTURES
  16880.TURNTABLE TECHNICS RM PS 25416882.TURNTABLE TECHNICS RM PS 28717204.TURNTABLE TECHNICS QD 33 RM PS 1127816885.TURNTABLE TECHNICS SL 1500 RM PS 268916858.TURNTABLE TECHNICS SL 1900 RM PS 302416879.TURNTABLE TECHNICS SL 1900 RM PS 303616886.TURNTABLE TECHNICS SL D3 RM PS 587116891.TURNTABLE TECHNICS SL D3 RM PS 545916881.TURNTABLE TECHNICS SL D30 RM PS 1013116861.TURNTABLE TECHNICS SLQD35 RM PS 1211716862.TURNTABLE TECHNICS SLD3 RM PS 545816860.TURNTABLE TECHNICS SLQD35 RM PS 1116516863.TURNTABLE TECHNICS SLQD35 RM PS 1116416988.TV STEREO TUNER SONY ST 92TV RM PS 1518817329.TV STEREO TUNER SONY ST 92TV RM PS 1519516937.VCR PHILIPS VCT565 RM PS 1866817383.VCR BETAMAX SONY SLO420 RM PS 2748817505.VCR VHS PANASONIC PVV4624 RM PS 3642517006.VCR VHS SONY SLV-N51 RM PS 2817116823.VHF DOUBLET ANTENNA SONY AN210 RM PS 1238416824.(2) VHF SYNTHESIZED TRANSMITTER SONY WRT420 RM PS 12610 (BID PRICE X 2)17554.VHS PLAYER SONY RM PS17633.VHS PLAYER PANASONIC PV-V4624S IN BOX RM B17637.VHS VCR SONY SLV 720HF RM B 1567316787.(8) VOLTAGE OPTION LEXICON S/N RM PSCLICK ON PHOTO FOR MORE PICTURES (BID PRICE X 8)
  17344.(2) BETA VCR SONY SLHF360 ALSO INCLUDES (1) SONY DIGITAL AUDIO INTERFACE MODEL PCM-601ESD RM PS 12156 (BID PRICE X 2)17271.(200) BLANK CD-R?S 4 BOXES OF 50 EACH RM PSCLICK ON PHOTO FOR MORE PICTURES (BID PRICE X 200)
  17384.(12) BLANK TAPE MEDIA STACK OF 12, NO BOX RM PS (BID PRICE X 12)17385.(13) BLANK TAPE MEDIA STACK OF 13, NO BOX RM PS (BID PRICE X 13)17361.BLANK TAPE MEDIA QUANTEGY PROFESSIONAL MEDIA BOX OF TEN REELS RM PSCLICK ON PHOTO FOR MORE PICTURES
  16785.(11) CARTRIDGES DOLBY RM PSCLICK ON PHOTO FOR MORE PICTURES (BID PRICE X 11)
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European Convention on Human Rights and its Five Protocols
  Link to Article
  Archived Version
  Fri, 05 Apr 2013 10:46
  COUNCIL OF EUROPEROME 4 November 1950and its Five ProtocolsPARIS 20 March 1952STRASBOURG 6 May 1963STRASBOURG 6 May 1963STRASBOURG 16 September 1963STRASBOURG 20 January 1966
  ContentsTHE EUROPEAN CONVENTION ON HUMAN RIGHTS AND ITS FIVE PROTOCOLS
  The Governments signatory hereto, being Members of the Council of Europe,
  Considering the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;
  Considering that this Declaration aims at securing the universal and effective recognition and observance of the Rights therein declared;
  Considering that the aim of the Council of Europe is the achievement of greater unity between its Members and that one of the methods by which the aim is to be pursued is the maintenance and further realization of Human Rights and Fundamental Freedoms;
  Reaffirming their profound belief in those Fundamental Freedoms which are the foundation of justice and peace in the world and are best maintained on the one hand by an effective political democracy and on the other by a common understanding and observance of the Human Rights upon which they depend;
  Being resolved, as the Governments of European countries which are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law to take the first steps for the collective enforcement of certain of the Rights stated in the Universal Declaration;
  Have agreed as follows:
  ARTICLE 1The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.
  ARTICLE 2Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:(a) in defence of any person from unlawful violence;(b) in order to effect a lawful arrest or to prevent escape of a person lawfully detained;(c) in action lawfully taken for the purpose of quelling a riot or insurrection.ARTICLE 3No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
  ARTICLE 4No one shall be held in slavery or servitude.No one shall be required to perform forced or compulsory labour.For the purpose of this article the term forced or compulsory labour' shall not include:(a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention;(b) any service of a military character or, in case of conscientious objectors in countries where they are recognized, service exacted instead of compulsory military service;(c) any service exacted in case of an emergency or calamity threatening the life or well-being of the community;(d) any work or service which forms part of normal civic obligations.ARTICLE 5Everyone has the right to liberty and security of person.No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
  (a) the lawful detention of a person after conviction by a competent court;(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority of reasonable suspicion of having committed and offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts, or vagrants;(f) the lawful arrest or detention of a person to prevent his effecting an unauthorized entry into the country or of a person against whom action is being taken with a view to deportation or extradition.Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and the charge against him.Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this article shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.Everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation.ARTICLE 6In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgement shall be pronounced publicly by the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.Everyone charged with a criminal offence has the following minimum rights:(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;(b) to have adequate time and the facilities for the preparation of his defence;(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.ARTICLE 7No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.This article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according the general principles of law recognized by civilized nations.ARTICLE 8Everyone has the right to respect for his private and family life, his home and his correspondence.There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.ARTICLE 9Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or the protection of the rights and freedoms of others.ARTICLE 10Everyone has the right to freedom of expression. this right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or the rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.ARTICLE 11Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. this article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.ARTICLE 12Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.
  ARTICLE 13Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.
  ARTICLE 14The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
  ARTICLE 15In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.No derogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7 shall be made under this provision.Any High Contracting Party availing itself of this right of derogation shall keep the Secretary-General of the Council of Europe fully informed of the measures which it has taken and the reasons therefor. It shall also inform the Secretary-General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed.ARTICLE 16Nothing in Articles 10, 11, and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens.
  ARTICLE 17Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction on any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.
  ARTICLE 18The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.
  ARTICLE 19To ensure the observance of the engagements undertaken by the High Contracting Parties in the present Convention, there shall be set up:
  A European Commission of Human Rights hereinafter referred to as 'the Commission';A European Court of Human Rights, hereinafter referred to as 'the Court'.ARTICLE 20The Commission shall consist of a number of members equal to that of the High Contracting Parties. No two members of the Commission may be nationals of the same state.
  ARTICLE 21The members of the Commission shall be elected by the Committee of Ministers by an absolute majority of votes, from a list of names drawn up by the Bureau of the Consultative Assembly; each group of the Representatives of the High Contracting Parties in the Consultative Assembly shall put forward three candidates, of whom two at least shall be its nationals.As far as applicable, the same procedure shall be followed to complete the Commission in the event of other States subsequently becoming Parties to this Convention, and in filing casual vacancies.ARTICLE 22The members of the Commission shall be elected for a period of six years. They may be re-elected. However, of the members elected at the first election, the terms of seven members shall expire at the end of three years.The members whose terms are to expire at the end of the initial period of three years shall be chosen by lot by the Secretary- General of the Council of Europe immediately after the first election has been completed.A member of the Commission elected to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor's term.The members of the Commission shall hold office until replaced. After having been replaced, they shall continue to deal with such cases as they already have under consideration.ARTICLE 23The members of the Commission shall sit on the Commission in their individual capacity.
  ARTICLE 24Any High Contracting Party may refer to the Commission, through the Secretary-General of the Council of Europe, any alleged breach of the provisions of the Convention by another High Contracting Party.
  ARTICLE 25The Commission may receive petitions addressed to the Secretary-General of the Council of Europe from any person, non- governmental organization or group of individuals claiming to the victim of a violation by one of the High Contracting Parties of the rights set forth in this Convention, provided that the High Contracting Party against which the complaint has been lodged has declared that it recognizes the competence of the Commission to receive such petitions. Those of the High Contracting Parties who t)ve made such a declaration undertake not to hinder in any way the effective exercise of this right.Such declarations may be made for a specific period.The declarations shall be deposited with the Secretary-General of the Council of Europe who shall transmit copies thereof to the High Contracting Parties and publish them.The Commission shall only exercise the powers provided for in this article when at least six High Contracting Parties are bound by declarations made in accordance with the preceding paragraphs.ARTICLE 26The Commission may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognized rules of international law, and within a period of six months from the date on which the final decision was taken.
  ARTICLE 27the Commission shall not deal with any petition submitted under Article 25 which(a) is anonymous, or(b) is substantially the same as a matter which has already been examined by the Commission or has already been submitted to another procedure or international investigation or settlement and if it contains no relevant new information.The Commission shall consider inadmissible any petition submitted under Article 25 which it considers incompatible with the provisions of the present Convention, manifestly ill-founded, or an abuse of the right of petition.The Commission shall reject any petition referred to it which it considers inadmissible under Article 26.ARTICLE 28In the event of the Commission accepting a petition referred to it:
  (a) it shall, with a view to ascertaining the facts undertake together with the representatives of the parties and examination of the petition and, if need be, an investigation, for the effective conduct of which the States concerned shall furnish all necessary facilities, after an exchange of views with the Commission;(b) it shall place itself at the disposal of the parties concerned with a view to securing a friendly settlement of the matter on the basis of respect for Human Rights as defined in this Convention.ARTICLE 29The Commission shall perform the functions set out in Article 28 by means of a Sub-Commission consisting of seven members of the Commission.Each of the parties concerned may appoint as members of this Sub-Commission a person of its choice.The remaining members shall be chosen by lot in accordance with arrangements prescribed in the Rules of Procedure of the Commission.ARTICLE 30If the Sub-Commission succeeds in effecting a friendly settlement in accordance with Article 28, it shall draw up a Report which shall be sent to the States concerned, to the Committee of Ministers and to the Secretary-General of the Council of Europe for publication. This Report shall be confined to a brief statement of the facts and of the solution reached.ARTICLE 31If a solution is not reached, the Commission shall draw up a Report on the facts and state its opinion as to whether the facts found disclose a breach by the State concerned of its obligations under the Convention. The opinions of all the members of the Commission on this point may be stated in the Report.The Report shall be transmitted to the Committee of Ministers. It shall also be transmitted to the States concerned, who shall not be at liberty to publish it.In transmitting the Report to the Committee of Ministers the Commission may make such proposals as it thinks fit.ARTICLE 32If the question is not referred to the Court in accordance with Article 48 of this Convention within a period of three months from the date of the transmission of the Report to the Committee of Ministers, the Committee of Ministers shall decide by a majority of two-thirds of the members entitled to sit on the Committee whether there has been a violation of the Convention.In the affirmative case the Committee of Ministers shall prescribe a period during which the Contracting Party concerned must take the measures required by the decision of the Committee of Ministers.If the High Contracting Party concerned has not taken satisfactory measures within the prescribed period, the Committee of Ministers shall decide by the majority provided for in paragraph 1 above what effect shall be given to its original decision and shall publish the Report.The High Contracting Parties undertake to regard as binding on them any decision which the Committee of Ministers may take in application of the preceding paragraphs.ARTICLE 33The Commission shall meet 'in camera'.
  ARTICLE 34The Commission shall take its decision by a majority of the Members present and voting; the Sub-Commission shall take its decisions by a majority of its members.
  ARTICLE 35The Commission shall meet as the circumstances require. The meetings shall be convened by the Secretary-General of the Council of Europe.
  ARTICLE 36The Commission shall draw up its own rules of procedure.
  ARTICLE 37The secretariat of The Commission shall be provided by the Secretary-General of the Council of Europe.
  ARTICLE 38The European Court of Human Rights shall consist of a number of judges equal to that of the Members of the Council of Europe. No two judges may be nationals of the State.
  ARTICLE 39The members of the Court shall be elected by the Consultative Assembly by a majority of the votes cast from a list of persons nominated by Members of the Council of Europe; each Member shall nominate three candidates, of whom two at least shall be its nationals.As far as applicable, the same procedure shall be followed to complete the Court in the event of the admission of new members of the Council of Europe, and in filling casual vacancies.The candidates shall be of high moral character and must either possess the qualifications required for appointment to high judicial office or be jurisconsults of recognized competence.ARTICLE 40The members of the Court shall be elected for a period of nine years. They may be re-elected. However, of the members elected at the first election the terms of four members shall expire at the end of three years, and the terms of four more members shall expire at the end of six years.The members whose terms are to expire at the end of the initial periods of three and six years shall be chosen by lot by the Secretary-General immediately after the first election has been completed.A member of the Court elected to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor's term.The members of the Court shall hold office until replaced. After having been replaced, they shall continue to deal with such cases as they already have under consideration.ARTICLE 41The Court shall elect the President and Vice-President for a period of three years. They may be re-elected.
  ARTICLE 42The members of the Court shall receive for each day of duty a compensation to be determined by the Committee of Ministers.
  ARTICLE 43For the consideration of each case brought before it the Court shall consist of a Chamber composed of seven judges. There shall sit as an 'ex officio' member of the Chamber the judge who is a national of any State party concerned, or, if there is none, a person of its choice who shall sit in the capacity of judge; the names of the other judges shall be chosen by lot by the President before the opening of the case.
  ARTICLE 44Only the High Contracting Parties and the Commission shall have the right to bring a case before the Court.
  ARTICLE 45The jurisdiction of the Court shall extend to all cases concerning the interpretation and application of the present Convention which the High Contracting Parties or the Commission shall refer to it in accordance with Article 48.
  ARTICLE 46Any of the High Contracting Parties may at any time declare that it recognizes as compulsory 'ipso facto' and without special agreement the jurisdiction of the Court in all matters concerning the interpretation and application of the present Convention.The declarations referred to above may be made unconditionally or on condition of reciprocity on the part of several or certain other High Contracting Parties or for a specified period.These declarations shall be deposited with the Secretary- General of the Council of Europe who shall transmit copies thereof to the High Contracting Parties.ARTICLE 47The Court may only deal with a case after the Commission has acknowledged the failure of efforts for a friendly settlement and within the period of three months provided for in Article 32.
  ARTICLE 48The following may bring a case before the Court, provided that the High Contracting Party concerned, if there is only one, or the High Contracting Parties concerned, if there is more than one, are subject to the compulsory jurisdiction of the Court, or failing that, with the consent of the High Contracting Party concerned, if there is only one, or of the High Contracting Parties concerned if there is more than one:
  (a) the Commission;(b) a High Contracting Party whose national is alleged to be a victim;(c) a High Contracting Party which referred the case to the Commission;(d) a High Contracting Party against which the complaint has been lodged.ARTICLE 49In the event of dispute as to whither the Court has the jurisdiction, the matter shall be settled by the decision of the Court.
  ARTICLE 50If the Court finds that a decision or a measure taken by a legal authority or any other authority of a High Contracting Party, is completely or partially in conflict with the obligations arising from the present convention, and if the internal law of the said Party allows only partial reparation to be made for the consequences of this decision or measure, the decision of the Court shall, if necessary, afford just satisfaction to the injured party.
  ARTICLE 51Reasons shall be given for the judgement of the Court.If the judgement does not represent in whole or in part the unanimous opinion of the judges, any judges shall be entitled to deliver a separate opinion.ARTICLE 52The judgement of the Court shall be final.
  ARTICLE 53The High Contracting Parties undertake to abide by the decision of the Court in any case to which they are parties.
  ARTICLE 54The judgement of the Court shall be transmitted to the Committee of Ministers which shall supervise its execution.
  ARTICLE 55The Court shall draw up its own rules and shall determine its own procedure.
  ARTICLE 56The first election of the members of the Court shall take place after the declarations by the High Contracting Parties mentioned in Article 46 have reached a total of eight.No case can be brought before the Court before this election.ARTICLE 57On receipt of a request from the Secretary-General of the Council of Europe any High Contracting Party shall furnish an explanation of the manner in which its internal law ensures the effective implementation of any of the provisions of this Convention.
  ARTICLE 58The expenses of the Commission and the Court shall be borne by the Council of Europe.
  ARTICLE 59The members of the Commission and of the Court shall be entitled, during the discharge of their functions, to the privileges and immunities provided for in Article 40 of the Statute of the Council of Europe and in the agreements made thereunder.
  ARTICLE 60Nothing in this Convention shall be construed as limiting or derogating from any of the human rights and fundamental freedoms which may be ensured under the laws of any High Contracting Party or under any other agreement to which it is a Party.
  ARTICLE 61Nothing in this Convention shall prejudice the powers conferred on the Committee of Ministers by the Statute of the Council of Europe.
  ARTICLE 62The High Contracting Parties agree that, except by special agreement, they will not avail themselves of treaties, conventions or declarations in force between them for the purpose of submitting, by way of petition, a dispute arising out of the interpretation or application of this Convention to a means of settlement other than those provided for in this Convention.
  ARTICLE 63Any State may at the time of its ratification or at any time thereafter declare by notification addressed to the Secretary- General of the Council of Europe that the present Convention shall extend to all or any of the territories for whose international relations it is responsible.The Convention shall extend to the territory or territories named in the notification as from the thirtieth day after the receipt of this notification by the Secretary-General of the Council of Europe.The provisions of this Convention shall be applied in such territories with due regard, however, to local requirements.Any State which has made a declaration in accordance with paragraph 1 of this article may at any time thereafter declare on behalf of one or more of the territories to which the declaration relates that it accepts the competence of the Commission to receive petitions from individuals, non-governmental organizations or groups of individuals in accordance with Article 25 of the present Convention.ARTICLE 64Any State may, when signing this Convention or when depositing its instrument of ratification, make a reservation in respect of any particular provision of the Convention to the extent that any law then in force in its territory is not in conformity with the provision. Reservations of a general character shall not be permitted under this article.Any reservation made under this article shall contain a brief statement of the law concerned.ARTICLE 65A High Contracting Party may denounce the present Convention only after the expiry of five years from the date of which it became a Party to it and after six months' notice contained in a notification addressed to the Secretary-General of the Council of Europe, who shall inform the other High Contracting Parties.Such a denunciation shall not have the effect of releasing the High Contracting Party concerned from its obligations under this Convention in respect of any act which, being capable of constituting a violation of such obligations, may have been performed by it before the date at which the denunciation became effective.Any High Contracting Party which shall cease to be a Member of the Council of Europe shall cease to be a Party to this Convention under the same conditions.The Convention may be denounced in accordance with the provisions of the preceding paragraphs in respect of any territory to which it has been declared to extend under the terms Article 63.ARTICLE 66This Convention shall be open to the signature of the Members of the Council of Europe. It shall be ratified. Ratifications shall be deposited with the Secretary-General of the Council of Europe.The present Convention shall come into force after the deposit of ten instruments of ratification.As regards any signatory ratifying subsequently, the Convention shall come into force at the date of the deposit of itsP!nstrument of ratification.The Secretary-General of the Council of Europe shall notify all the Members of the Council of Europe of the entry into force of the Convention, the names of the High Contracting Parties who have ratified it, and the deposit of all instruments of ratification which may be effected subsequently.Done at Rome this 4th day of November, 1950, in English and French, both text being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General shall transmit certified copies to each of the signatories.
  1. Enforcement of certain Rights and Freedoms not included in Section I of the ConventionThe Governments signatory hereto, being Members of the Council of Europe,
  Being resolved to take steps to ensure the collective enforcement of certain rights and freedoms other than those already included in Section I of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4th November, 1950 (hereinafter referred to as 'the Convention'),
  Have agreed as follows:
  ARTICLE 1Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
  The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.
  ARTICLE 2No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religions and philosophical convictions.
  ARTICLE 3The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.
  ARTICLE 4Any High Contracting Party may at the time of signature or ratification or at any time thereafter communicate to the Secretary-General of the Council of Europe a declaration stating the extent to which it undertakes that the provisions of the present Protocol shall apply to such of the territories for the international relations of which it is responsible as are named therein.
  Any High Contracting Party which has communicated a declaration in virtue of the preceding paragraph may from time to time communicate a further declaration modifying the terms of any former declaration or terminating the application of the provisions of this Protocol in respect of any territory.
  A declaration made in accordance with this article shall be deemed to have been made in accordance with paragraph 1 of Article 63 of the Convention.
  ARTICLE 5As between the High Contracting Parties the provisions of Articles 1, 2, 3 and 4 of this Protocol shall be regarded as additional articles to the convention and all the provisions of the Convention shall apply accordingly.
  ARTICLE 6This Protocol shall be open for signature by the Members of the Council of Europe, who are the signatories of the Convention; it shall be ratified at the same time as or after the ratification of the Convention. It shall enter into force after the deposit of ten instruments of ratification. As regards any signatory ratifying subsequently, the Protocol shall enter into force at the date of the deposit of its instrument of ratification.
  The instruments of ratification shall be deposited with the Secretary-General of the Council of Europe, who will notify all the Members of the names of those who have ratified.
  Done at Paris on the 20th day of March 1952, In English and French, both text being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General shall transmit certified copies to each of the signatory Governments
  2. Conferring upon the European Court of Human Rights Competence to give Advisory OpinionsThe Member States of the Council of Europe signatory hereto:
  Having regard to the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as 'the Convention'), and in particular Article 19 instituting, among other bodies, a European Court of Human Rights (hereinafter referred to as 'the Court');
  Considering that it is expedient to confer upon the Court competence to give advisory opinions subject to certain conditions;
  Have agreed as follows:
  ARTICLE 1The Court may, at the request of the Committee of Ministers, give advisory opinions on legal questions concerning the interpretation of the Convention and the Protocols thereto.Such opinions shall not deal with any question relating to the content or scope of the rights or freedoms defined in Section I of the convention and in the Protocols thereto, or with any other question which the Commission, the Court, or the committee of Ministers might have to consider in consequence of any such proceedings as could be instituted in accordance with the Convention.Decisions of the Committee of Ministers to request an advisory opinion of the Court shall require a two-thirds majority vote of the representatives entitled to sit on the Committee.ARTICLE 2The Court shall decide whether a request for an advisory opinion submitted by the Committee of Ministers is within its consultative competence as defined in Article 1 of this Protocol.
  ARTICLE 3For the consideration of requests for an advisory opinion, the Court shall sit in plenary session.Reasons shall be given for advisory opinions of the Court.If the advisory opinion does not represent in whole or in part the unanimous opinion of the judges, any judge shall be entitled to deliver a separate opinion.Advisory opinions of the Court shall be communicated to the Committee of Ministers.ARTICLE 4The powers of the Court under Article 55 of the Convention shall extend to the drawing up of such rules and the determination of such procedure as the Court may think necessary for the purposes of this Protocol.
  ARTICLE 5This Protocol shall be open to signature by member States of the Council of Europe, signatories to the Convention, who may become Parties to it by:(a) signature without reservation in respect of ratification or acceptance;(b) signature with reservation in respect of ratification or acceptance, followed by ratification or acceptance. Instruments of ratification or acceptance shall be deposited with the Secretary-General of the Council of Europe.This Protocol shall enter into force as soon as all the States Parties to the Convention shall have become Parties to the Protocol in accordance with the Provisions of paragraph 1 of this article.From the date of the entry into force of this Protocol, Articles 1 to 4 shall be considered an integral part of the Convention.The Secretary-General of the Council of Europe shall notify the Member States of the Council of:(a) any signature without reservation in respect of ratification or acceptance;(b) any signature with reservation in respect of ratification or acceptance;(c) the deposit of any instrument of ratification or acceptance;(d) the date of entry into force of this Protocol in accordance with paragraph 2 of this article.In witness whereof the undersigned, being duly authorized thereto, have signed this Protocol.
  Done at Strasbourg, this 6th day of May 1963, in English and French, both text being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General shall transmit certified copies to each of the signatory States.
  3. Amending Articles 29, 30, and 94 of the ConventionThe member States of the Council, signatories to this Protocol,
  Considering that it is advisable to amend certain provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at rome on 4 November 1950 (hereinafter referred to as 'the Convention') concerning the procedure of the European Commission of Human Rights,
  Have agreed as follows:
  ARTICLE 1Article 29 of the Convention is deleted.The following provision shall be inserted in the Convention:"ARTICLE 29
  After it has accepted a petition submitted under Article 25, the Commission may nevertheless decide unanimously to reject the petition if, in the course of its examination, it finds that the existence of one of the grounds for non-acceptance provided for in Article 27 has been established.
  In such a case, the decision shall be communicated to the parties."
  ARTICLE 2At the beginning of Article 34 of the Convention, the following shall be inserted: "Subject to the provisions of Article 29..."At the end of the same article, the sentence "the Sub- commission shall take its decisions by a majority of its members" shall be deleted.ARTICLE 4The Protocol shall be open to signature by the member States of the Council of Europe, who may become Parties to it either by:(a) signature without reservation in respect of ratification or acceptance, or(b) signature with reservation in respect of ratification or acceptance, followed by ratification or acceptance. Instruments of ratification shall be deposited with the Secretary-General of the Council of Europe.This Protocol shall enter force as soon as all States Parties to the Convention shall have become Parties to the Protocol, in accordance with paragraph 1 of this article.The Secretary-General of the Council of Europe shall notify the Member States of the Council of:(a) any signature without reservation in respect of ratification or acceptance;(b) any signature with reservation in respect of ratification or acceptance;(c) the deposit of any instrument of ratification or acceptance;(d) the date of entry into force of this Protocol in accordance with paragraph 2 of this article.In witness whereof the undersigned, being duly authorized thereto, have signed this Protocol.
  Done at Strasbourg, this 6th day of May 1963, in English and French, both text being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General shall transmit certified copies to each of the signatory States
  4. Protecting certain Additional RightsThe Governments signatory hereto, being Members of the Council of Europe,
  Being resolved to take steps to ensure the collective enforcement of certain rights and freedoms other than those already included in Section 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as 'the Convention') and in Articles 1 to 3 of the First Protocol to the Convention, signed at Paris on 20 March 1952,
  Have agreed as follows:
  ARTICLE 1No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual obligation.
  ARTICLE 2Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.Everyone shall be free to leave any country, including his own.No restrictions shall be placed on the exercise of these rights other than such as are in accordance with law and are necessary in a democratic society in the interests of national security or public safety for the maintenance of 'ordre public', for the prevention of crime, for the protection of rights and freedoms of others.The rights set forth in paragraph 1 may also be subject, in particular areas, to restrictions imposes in accordance with law and justified by the public interest in a democratic society.ARTICLE 3No one shall be expelled, by means either of an individual or of a collective measure, from the territory of the State of which he is a national.No one shall be deprived of the right to enter the territory of the State of which he is a national.ARTICLE 4Collective expulsion of aliens is prohibited.
  ARTICLE 5Any High Contracting Party may, at the time of signature or ratification of this Protocol, or at any time thereafter, communicate to the Secretary-General of the Council of Europe a declaration stating the extent to which it undertakes that the provisions of this Protocol shall apply to such of the territories for the international relations of which it is responsible as are named therein.Any High Contracting Party which has communicated a declaration in virtue of the preceding paragraph may, from time to time, communicate a further declaration modifying the terms of any former declaration or terminating the application of the provisions of this Protocol in respect of territory.A declaration made in accordance with this article shall be deemed to have been made in accordance with paragraph 1 of Article 63 of the Convention.The territory of any State to which this Protocol applies by virtue of the ratification or acceptance by that State, and each territory to which this Protocol is applied by virtue of a declaration by that State under this article, shall be treated as separate territories for the purpose of the references in Articles 2 and 3 to the territory of a State.ARTICLE 6As between the High Contracting Parties the provisions of Articles 1 to 5 of this Protocol shall be regarded as additional articles to the convention, and all the provisions of the Convention shall apply accordingly.Nevertheless, the right of individual recourse recognized by a declaration made under Article 25 of the convention, or the acceptance of the compulsory jurisdiction of the court by a declaration made under Article 46 of the convention, shall not be effective in relation to this Protocol unless the High Contracting Party concerned has made a statement recognizing such a right, or accepting such jurisdiction, in respect of all or any of Articles 1 to 4 of the Protocol.ARTICLE 7This Protocol shall be open for signature by the members of the Council of Europe who are the signatories of the Convention; it shall be ratified at the same time as or after the ratification of the Convention. It shall enter into force after the deposit of five instruments of ratification. As regards any signatory ratifying subsequently, the Protocol shall enter into force at the date of the deposit of its instrument of ratification.The instruments of ratification shall be deposited with the Secretary-General of the Council of Europe, who will notify all members of the names of those who have ratified.
  In witness thereof, the undersigned, being duly authorized thereto, have signed this Protocol.
  Done at Strasbourg, this 16th day of September 1963, in English and French, both texts being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General shall transmit certified copies to each of the signatory States.
  5. Amending Articles 22 and 40 of the ConventionThe Governments signatory hereto, being Members of the Council of Europe,
  Considering that certain inconveniences have arisen in the application of the provisions of Articles 22 and 40 of the Convention for the Protection of Human Rights and fundamental Freedoms signed at Rome of 4th November 1950 (hereinafter referred to as 'the Convention') relating to the length of the terms of office of the members of the European Commission of Human Rights (hereinafter referred to as 'the Commission') and of the European Court of Human Rights (hereinafter referred to as 'the Court');
  Considering that it is desirable to ensure as far as possible an election every three years of one half of the members of the Commission and of one third of the members of the Court;
  Considering therefore that it is desirable to amend certain provisions of the Convention,
  Have agreed as follows:
  ARTICLE 1In Article 22 of the Convention, the following two paragraphs shall be inserted after paragraph (2):
  "(3) In order to ensure that, as far as possible, one half of the membership of the Commission shall be renewed every three years, the Committee of Ministers may decide, before proceeding to any subsequent election, that the term or terms of office of one or more members to be elected shall be for a period other than six years but not more than nine and not less than three years.
  (4) In cases where more than one term of office is involved and the Committee of Ministers applies the preceding paragraph, the allocation of the terms of office shall be effected by the drawing of lots by the Secretary-General, immediately after the election."
  ARTICLE 2In Article 22 of the Convention, the former paragraphs (3) and (4) shall become respectively paragraphs (5) and (6).
  ARTICLE 3In Article 40 of the Convention, the following two paragraphs shall be inserted after paragraph (2):
  "(3) In order to ensure that, as far as possible, one half of the membership of the Court shall be renewed every three years, the Consultative Assembly may decide, before proceeding to any subsequent election, that the term or terms of office of one or more members to be elected shall be for a period other than nine years but not more than twelve and not less than six years.
  (4) In cases where more than one term of office is involved and the Consultative Assembly applies the preceding paragraph, the allocation of the terms of office shall be effected by the drawing of lots by the Secretary-General, immediately after the election."
  ARTICLE 4In Article 40 of the Convention, the former paragraphs (3) and (4) shall become respectively paragraphs (5) and (6).
  ARTICLE 5This Protocol shall be open to signature by Members of the Council of Europe, signatories to the Convention, who may become Parties to it by;(a) signature without reservation in respect of ratification or acceptance;(b) signature with reservation in respect of ratification or acceptance, followed by ratification or acceptance.Instruments of ratification or acceptance shall be deposited with the Secretary-General of the Council of Europe.
  This Protocol shall enter into force as soon as all Contracting Parties to the Convention shall have become Parties to the Protocol, in accordance with the provisions of paragraph 1 of this article.The Secretary-General of the Council of Europe shall notify the Members of the Council of:(a) any signature without reservation in respect of ratification or acceptance;(b) any signature with reservation in respect of ratification or acceptance;(c) the deposit of any instrument of ratification or acceptance;(d) the date of entry into force of this Protocol in accordance with paragraph 2 of this article.In witness whereof the undersigned, being duly authorized thereto, have signed this Protocol.
  Done at Strasbourg, this 20th day of January 1966, in English and French, both texts being equally authentic, in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary-General shall transmit certified copies to each of the signatory Governments.
GLOBAL LOOTING EXCLUSIVE: Revealed '' Just how little the European Human Rights Convention really means | The Slog. 3-D bollocks deconstruction
  Link to Article
  Archived Version
  Fri, 05 Apr 2013 10:45
  The letter (left) from Cyprus Bank's George Georgiou to Laika Bank CEO Takis Phedias appears to be genuine. It's dated February 11th 2013, and suggests very strongly that Laiki Bank was mulling a depositor haircut long before the final mid-March announcement by Djisellbloem's eurogroup.
  It also shows clearly that the Central Banker Georgiou expressed his opinion that any confiscation of customer 'property' by an EU bank would contravene Article 1 of Protocol 1 of the EHRC.
  The idea then seems to have been dropped by Laiki'...who almost certainly evoked the Cyprus Bank letter in order to put off the suggestions of the eurogroup that there should be a depositor haircut. But the Merkesch¤uble disagreed with Georgiou's ruling. Technically, they were right. Here is the Article concerned '' my emphases:
  'Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
  The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.'
  On that basis, the EHRC isn't worth the paper it's printed on. As so often with the Controllers, the public interest, the State's rights, the general interest, taxes, penalties and a million other exceptions allow those in charge to do WTF they want. Despite the perceived strength of the Weimar Republic's citizen protection clauses, from 1933-35 Hitler was able to establish a One Party Dictatorship without breaking a single clause in the constitution.
  Note also that the word used by both the EHRC and Georgiou is 'property' '' not 'savings' or 'deposits'. This allows any bank at any time to remove cars, houses, boats etc from the customer in the public interest.
  And of course, if the public isn't interested, the public interest can be invoked without the slightest opposition.
  Wherever you live, this clean-out theft is coming your way. Remain vigilant, and stay tuned.
  Earlier at The Slog: Why the HBOS Three are just another distraction
  About these ads
Apple's iMessage encryption trips up feds' surveillance - Yahoo! News
  Link to Article
  Archived Version
  Fri, 05 Apr 2013 10:38
  Encryption used in Apple's iMessage chat service has stymied attempts by federal drug enforcement agents to eavesdrop on suspects' conversations, an internal government document reveals.
  An internal Drug Enforcement Administration document seen by CNET discusses a February 2013 criminal investigation and warns that because of the use of encryption, "it is impossible to intercept iMessages between two Apple devices" even with a court order approved by a federal judge.
  The DEA's warning, marked "law enforcement sensitive," is the most detailed example to date of the technological obstacles -- FBI director Robert Mueller has called it the "Going Dark" problem -- that police face when attempting to conduct court-authorized surveillance on non-traditional forms of communication.
  When Apple's iMessage was announced in mid-2011, Cupertino said it would use "secure end-to-end encryption." It quickly became the most popular encrypted chat program in history: Apple CEO Tim Cook said last fall that 300 billion messages have been sent so far, which are transmitted through the Internet rather than as more costly SMS messages carried by wireless providers.
  A spokeswoman for the DEA declined to comment on iMessage and encryption. Apple also declined to comment.
  The DEA's "Intelligence Note" says that iMessage came to the attention of the agency's San Jose, Calif., office as agents were drafting a request for a court order to perform real-time electronic surveillance under Title III of the Federal Wiretap Act. They discovered that records of text messages already obtained from Verizon Wireless were incomplete because the target of the investigation used iMessage: "It became apparent that not all text messages were being captured."
  This echoes what other law enforcement agencies have been telling politicians on Capitol Hill for years. Last May, CNET reported that the FBI has quietly asked Web companies not to oppose a law that would levy new wiretap requirements on social-networking Web sites and providers of VoIP, instant messaging, and Web e-mail. During an appearance two weeks later at a Senate hearing, the FBI's Mueller confirmed that the bureau is pushing for "some form of legislation."
  Andrew Weissmann, the FBI's general counsel, said last month at an American Bar Association event that enacting a new law to amend a 1994 law called the Communications Assistance for Law Enforcement Act is a "top priority" this year. CALEA requires telecommunications providers to build in backdoors for easier surveillance, but does not apply to Internet companies, which are required to provide technical assistance instead.
  What's difficult, Weissmann said, "is trying to come up with the fairest and most sort of narrowly tailored means to do this." He added: "We don't want to have a system where you're needlessly imposing burdens on thriving industries or even budding industries... So what the bureau has been spending quite a bit of time on, and certainly has as a top priority this year, is coming up with a proposal with other members of the intelligence community that tries to balance all of that. That does tackle the problem of trying to modernize where we were from 1994, given how much technology has advanced."
  'Not designed to be government-proof'Apple has disclosed little about how iMessage works, but a partial analysis sheds some light on the protocol. Matthew Green, a cryptographer and research professor at Johns Hopkins University, wrote last summer that because iMessage has "lots of moving parts," there are plenty of places where things could go wrong. Green said that Apple "may be able to substantially undercut the security of the protocol" -- by, perhaps, taking advantage of its position during the creation of the secure channel to copy a duplicate set of messages for law enforcement.
  Christopher Soghoian, a senior policy analyst at the American Civil Liberties Union, said yesterday that "Apple's service is not designed to be government-proof."
  "It's much much more difficult to intercept than a telephone call or a text message" that federal agents are used to, Soghoian says. "The government would need to perform an active man-in-the-middle attack... The real issue is why the phone companies in 2013 are still delivering an unencrypted audio and text service to users. It's disgraceful."
  The DEA says that "iMessages between two Apple devices are considered encrypted communication and cannot be intercepted, regardless of the cell phone service provider." But, if the messages are exchanged between an Apple device and a non-Apple device, the agency says, they "can sometimes be intercepted, depending on where the intercept is placed."
  This isn't the first time that federal agencies have warned of surveillance woes. An FBI staff operations specialist in the bureau's Counterterrorism Division complained in 2010 of difficulties in "obtaining information from Internet service providers and social-networking sites." And a Homeland Security report obtained by the Electronic Frontier Foundation shows that a working group convened by an FBI office in Chantilly, Va. requested details about how "investigations have been negatively impacted" by companies' delays or inability to comply with surveillance requests.
  Going Dark has emerged as a significant effort inside the FBI, which employed 107 full-time equivalent people on the project as of 2009, commissioned a RAND study, hired consultants from Booz, Allen and Hamilton, and sought extensive technical input from its secretive Operational Technology Division in Quantico, Va.
  "There is a growing and dangerous gap between law enforcement's legal authority to conduct electronic surveillance, and its actual ability to conduct such surveillance," FBI director Mueller told a House of Representatives committee two weeks ago. "We must ensure that the laws by which we operate and which provide protection to individual privacy rights keep pace with new threats and new technology."
  As CNET was the first to report in 2003, representatives of the FBI's Electronic Surveillance Technology Section in Chantilly, Va., began quietly lobbying the Federal Communications Commission to force broadband providers to provide more-efficient, standardized surveillance facilities. The FCC approved that requirement a year later, sweeping in Internet phone companies that tie into the existing telecommunications system. The regulations were upheld in 2006 by a federal appeals court.
  But the FCC never granted the FBI's request to interpret the law to cover instant messaging and VoIP programs that are not "managed"--meaning peer-to-peer programs like Apple's Facetime and iMessage, Facebook Chat, Gmail's video chat, and Xbox Live's in-game chat that do not use the public telephone network.
  If Congress does nothing, law enforcement still has options. Police can obtain a special warrant allowing them to sneak into someone's house or office, install keystroke-logging software, and record passphrases. The DEA adopted this technique in a case where suspects used PGP and the encrypted Web e-mail service Hushmail.com. They can also send a suspect malware, purchase a so-called zero day vulnerability to gain control of a target device and extract the contents, or obtain a warrant to seize the physical device and perform a traditional forensics analysis.
  Apple's privacy policy authorizes the company to divulge customers' information about customers to law enforcement when "reasonably necessary or appropriate" or to "comply with legal process.
Daily Press Briefing - April 4, 2013
  Link to Article
  Archived Version
  Fri, 05 Apr 2013 10:00
  12:57 p.m. EDT
  MS. NULAND: All right, everybody. Happy Thursday. I have nothing at the top. Let's go to what's on your minds.
  QUESTION: Can I '' before we move on to North Korea and its latest round of bombast, I just want to close the loop on one thing about the Jon Stewart '' Egypt thing, and that is: Did you get an answer, were you able to find out '' my question yesterday if the Egyptian Government had actually made some kind of a formal complaint to the Embassy about this tweet, or was it just restricted to their own Twitter feed?
  MS. NULAND: Apparently, they did make a complaint.
  QUESTION: They did. And do you know what the nature '' was it the same complaint that --
  MS. NULAND: That they did publicly?
  QUESTION: Yeah.
  MS. NULAND: My understanding is yes.
  QUESTION: And was it responded to?
  MS. NULAND: I don't know whether '' I think it was a sort of a phone call complaining, and the answer was, ''We're looking into it.''
  QUESTION: Okay.
  MS. NULAND: Okay?
  QUESTION: Thank you.
  QUESTION: On Egypt still?
  MS. NULAND: Yeah.
  QUESTION: Okay. Could you update us on the situation in Egypt? There's been a food crisis, fuel crisis, there's instability and so on. What is the United States doing to sort of alleviate that, in terms of having the IMF come up with the loans that they promised?
  MS. NULAND: Said, you're asking me to give a U.S. Government briefing on the situation in Egypt?
  QUESTION: No, I mean, I'm not '' but saying '' it's quite volatile. I mean, this whole thing comes together, because you're saying that Egypt needs to democratize, it needs to sort of open up freedom of the press and the liberties and so on, and yet they are facing these dire conditions.
  MS. NULAND: Said, I think we've been very clear from the Secretary's trip to Cairo forward what our concerns are, both on the political side and on the economic side in Egypt, and about the necessity of the government leading urgent action on both fronts. We've also been very clear that we support the renewed conversations between the IMF and Egypt, because we think that IMF support is urgently needed, but obviously, Egypt is going to have to take some steps. Beyond that, I don't think I have anything new to say beyond what we've been saying all week about our concerns about justice, our concerns about some of these new restrictions on NGOs and demonstrations, et cetera.
  QUESTION: Sorry, just back on the Twitter thing for a minute. As far as you're concerned, as far as the U.S. Government is concerned, this is a done deal, case closed, chapter over, let's move on?
  MS. NULAND: You mean would we like to repeat the comedy --
  QUESTION: No.
  MS. NULAND: -- that we had here yesterday?
  QUESTION: No, no, no, no. I mean, I just want to know, I mean, as far '' there isn't any more interaction going on --
  MS. NULAND: On this subject?
  QUESTION: -- between you and the Egyptians or you and '' or this building and the Embassy about --
  MS. NULAND: No.
  QUESTION: Okay.
  MS. NULAND: We did have an incident, as you may have seen, of '' a separate incident of an effort to impersonate the Embassy site, which we had to deal with, and that's also now been taken down.
  QUESTION: To North Korea, right?
  MS. NULAND: Yeah.
  QUESTION: This is about the mechanics of yesterday's latest threat. I don't know if there's a threat today, but North Korea says it has notified and '' ratified and notified you that it intends to attack. Mechanically, do you get any notification? Do they go through the New York channel, for example? Do you get '' or are they just publishing it on their state newswire, KCNA, and that's their notification?
  MS. NULAND: I saw that in some of their public statements, Paul. Frankly, to my knowledge, they don't call us up and say, ''Let us just say privately what we've just said publicly,'' generally. These kinds of statements of, as Matt called it, bombast and aggressive rhetoric come through their state news service.
  QUESTION: But to your knowledge, the New York channel fax machine or --
  MS. NULAND: If I have anything to share on that, I will, but I don't think there's anything to share there.
  QUESTION: In other words, I mean, when they launch their satellite, when they've launched their rockets and when they've conducted the test, you '' we have been told that they gave you advance notification that was happening. But as far as you know, in this case, with this latest threat, there was no private communication between the North and --
  MS. NULAND: You are right that in the case of some of these tests and launches we've had advance notification. We've talked about that here. In this case, I don't think we did. But if that's not correct, we'll get back to you.
  Please.
  QUESTION: Your colleague at the White House a few days ago said that there is a gap between North Korea's rhetoric and actions because they have not been moving military forces around in their country. But the South Koreans have said that they've started moving missiles from the east to west coast there, so I'm wondering what your read is in terms of the situation there on the peninsula.
  MS. NULAND: Well, I think the Secretary was very clear on Tuesday, and you've seen subsequent moves from us, that we are taking the appropriate steps in terms of defense of the United States, in terms of defense of our allies, both the Republic of Korea and Japan. We are making those clear, and we are watching very closely, obviously, what the DPRK is up to.
  QUESTION: Do you believe that this rhetoric by Kim Jong-un is utilized because the only thing that North Korea has is its military threatening, I guess, is used to extort maybe some aid and some help and some action and some attention to its problems?
  MS. NULAND: If, in fact, that's what they are thinking, they are wrongheaded in that approach. If you'll recall, about a year and a half ago now, we were very close to being able to support the humanitarian needs of the North Korean people. We had worked out all kinds of arrangements. And then the assurances that we had that the aid would actually get in the right place fell apart, as did the DPRK's general approach to its international obligations and commitments, which led us to question our ability to cut any kind of a deal that would hold.
  So the DPRK knows what it needs to do if it wants to make a different choice. If it wants to have support from the international community economically, in terms of supporting its people, it's got to come back into compliance with its international obligations. The President's been clear, the Secretary's been clear, that if they make a different choice, we will respond. But unfortunately, all we've seen in response to those offers has been more aggressive rhetoric.
  QUESTION: You were kind of asked something about this yesterday, what the North could do that would result in a positive response from you, and it '' I'm just curious if '' will another Leap Day type agreement do it, given the fact that they completely ignored their '' what they had agreed to, and that '' which was, at the time, hailed as a great breakthrough?
  MS. NULAND: Well, obviously, I'm not going to negotiate with the DPRK on behalf of the Six Parties from here when they haven't taken any steps and they're moving in the wrong direction. But we have quite a track record in the Six-Party Talks format of discussing what could be necessary to come back into compliance. The Leap Day Agreement was obviously something that we thought could be a positive step, but it wasn't implemented, and in fact, we went backwards. So I don't think that it's particularly a mystery, the kinds of things that we need to see from the DPRK.
  QUESTION: Yeah, but because they've reneged on everything --
  MS. NULAND: Well --
  QUESTION: -- and in fact, I would say that the track record that the Six-Party Talks has is entirely a negative track record. It hasn't accomplished anything of what you guys have set out '' what it is intended to do. They haven't denuclearized. They're being more and more antagonistic. So I'm just wondering, you need '' you would need more than just a piece of paper like this Leap Day Agreement from last year, correct, for --
  MS. NULAND: Again, I'm not going to --
  QUESTION: -- to be assured of the North's intentions?
  MS. NULAND: I don't think it's appropriate to have a negotiation here in the context of the situation we see right now, which is escalating rhetoric and dangerous moves. What I would simply say is that, as we said at the time that the Leap Day Agreement fell apart, there was a complete lack of confidence and trust that they were able to and willing to implement what they had already agreed to. So that's obviously affecting the environment, as does this rhetoric now.
  QUESTION: Toria.
  MS. NULAND: Guy.
  QUESTION: Toria, sorry, just to go back to yesterday's announcement made by North Korea's military that it has now final approval to carry out merciless attacks, including nuclear attacks using small, versatile nuclear weapons on the United States, do you have a specific reaction to this? And how would you characterize the seriousness of this claim within the context of earlier threats that have been made?
  MS. NULAND: Guy, I would simply say what we've been saying, that this is just the latest in a long line of aggressive statements. These are only going to serve to further isolate the DPRK and make it harder for the international community to work with them, but they have a different choice. They have a different choice, and they're not choosing to take it.
  Cami. Cami. Guy.
  QUESTION: Just '' can I follow up just a little bit on that? I mean, so are you then saying that there's some concern in this building and within the Administration perhaps that the movement of military assets to Guam and the statements by Secretary Kerry on Tuesday and then Secretary Hagel yesterday may actually be serving to elevate the tension rather than defuse it at this point?
  MS. NULAND: That's not what I'm saying at all. What I said at the outset, as you'll recall, which was very similar to what Secretary Kerry said and what Secretary Hagel said, was that in the context of the kinds of moves that the DPRK has made, rhetorical moves and other moves, it's incumbent upon us to take prudent steps to defend the United States, to defend our allies, to be prepared for necessary deterrence, et cetera. That is reflected in the moves that you've seen announced from the Pentagon, et cetera. That said, we continue to make the case that it doesn't have to go this way. The DPRK could choose a different course, and the President said that himself.
  Cami.
  QUESTION: Thank you.
  QUESTION: I'm just wondering, do you have '' does the U.S. have independent confirmation about this missile of considerable range being moved to the east coast, or was the U.S. notified by South Korea that they had detected it?
  MS. NULAND: I don't have anything I can share in this format, besides what you've seen in the press. I'm sorry.
  QUESTION: Just to follow up on --
  QUESTION: On --
  MS. NULAND: Please. Please.
  QUESTION: -- Secretary Kerry's impending visit to the region, is there any change to his '' to the plans for his arrival for any of his security arrangements? Because he would be entering missile range, technically.
  MS. NULAND: Well, you won't be surprised that I'm obviously not going to talk about security in any context, including personal security with the Secretary. What I said yesterday I'll repeat here today, which is that this is actually a very timely visit, given the fact that he will have an opportunity in Seoul, in Tokyo, and in Beijing to talk about our shared concern about the direction the DPRK is going in.
  Jo.
  QUESTION: Toria, can I ask if there's a sense that what we're seeing now is in fact more dangerous than similar periods of tensions that we've seen in the past with North Korea? And if so, is it because the '' Kim Jong-un is still an unknown quantity as the leader of North Korea to the United States?
  MS. NULAND: Well, I'm not prepared here to give a great analysis or exegesis about what may or may not be going on on their internal system. As you know, it's one of the most closed and difficult systems to understand inside the '' that we have on the planet still today.
  But clearly, we have this very negative pattern of aggressive rhetoric. We have to take it seriously. But we also continue, with our colleagues, with our counterparts, with our allies, to leave open the opportunity for a different course for the new leader of the DPRK, and a course that could bring his country out of isolation if he chose to do the right thing.
  QUESTION: In your answer to the previous question before Jo, you're meaning to say that, no, there is no change to the Secretary's planned travel?
  MS. NULAND: He is planning to travel. The travel is timely. I'm not going to talk about security arrangements for travel.
  QUESTION: No, no. I --
  MS. NULAND: Yeah.
  QUESTION: I'm not asking about security arrangements.
  MS. NULAND: No, no, no.
  QUESTION: He still plans to go to Seoul and Tokyo?
  MS. NULAND: Of course. Of course, yeah.
  QUESTION: North Korea?
  MS. NULAND: Yeah.
  QUESTION: Madam, China is the closest allies of North Korea, and they had been supplying military (inaudible) to North Korea and also economic aid in the past. And at the same time, China did vote at the United Nations Security Council against the North.
  What I'm asking '' all this tension going on, and they are neighbors, and China is still supporting North Korea '' what do you think the future, how China will play or is playing now? Is China with the rest of the world or with the U.S. or UN on this '' what's going on in North Korea?
  MS. NULAND: Well, Goyal, we've talked about this a number of times here over the last few months. As you know, China expressed its own concern about the trend by joining with the rest of the Security Council in now two rounds of sanctions over the last four months with respect to the DPRK. This has been the subject of intense conversations between the Secretary and his Chinese counterparts, including in a phone call yesterday with Chinese State Councilor Yang. And as I said, it'll be a central focus of the Secretary's diplomacy when he's in Beijing to see what more we can do to get the attention of the leadership in the DPRK and get them to change course.
  QUESTION: Sorry. Are you saying that the Secretary called Yang yesterday?
  MS. NULAND: Yes.
  QUESTION: Did he make any other North Korea-related --
  MS. NULAND: The call was primarily to prepare the visit, to talk about what our teams can do to prepare the visit. The central focus, obviously, was on the DPRK. They did talk a little bit about --
  QUESTION: All right.
  MS. NULAND: -- climate change and other issues.
  QUESTION: And along those lines then, is there any kind of a hope or sense, feeling in the building that a shared strategy, U.S.-Chinese and even U.S.-Russian strategy, on North Korea might translate into broader, better '' better and broader cooperation in other areas?
  MS. NULAND: Well, I think we've had good unity in terms of the U.S.-China approach, the approach that we've had with all of our partners and allies vis-a-vis the DPRK over the last few months. We've also regularly held up our cooperation on DPRK issues along with our cooperation on Iran, our cooperation increasingly on Afghanistan as one of the benefits of the '' what was known as the reset with Russia in the first term.
  So I think the issue here is to continue to recognize that the threats we share are common, and the approaches are more likely to be more effective if we can work well together.
  QUESTION: So the short answer would be yes, you are hopeful that, yeah '' I mean, I don't want to put words in your mouth. I mean, do you think --
  MS. NULAND: I don't want to --
  QUESTION: Is there an opening for '' that you are on the same page and literally completely on the same page on North Korea, whereas you're not necessarily on the same page with Iran or with innumerable other issues? Is there an opening --
  MS. NULAND: With Russia or with China or with both?
  QUESTION: With both.
  MS. NULAND: Yeah. I mean, I would say, first of all, in the P-5+1 context we're completely on the same page with Russia vis-a-vis Iran going into this round of talks in Almaty that unity has been essential. I would say with regard to the DPRK that we all share concern, as reflected in the two very strong sanctions resolutions that we've had. We need to maintain that unity if we're going to be able to be effective in our approaches.
  QUESTION: And then I just had a question about your use of the phrase ''what was known as the reset.'' Does that mean --
  MS. NULAND: What is known as the reset.
  QUESTION: Does that mean it's over?
  MS. NULAND: No, I didn't mean to imply that at all.
  QUESTION: Okay.
  MS. NULAND: Please.
  QUESTION: Toria, is it the United States' understanding that China is doing what it can to actually implement sanctions?
  MS. NULAND: Our understanding is they're looking internally at what their own regulations require vis-a-vis UN Security Council Resolution 2094. That's the most recent one that requires implementation. It's up to, as you know, each government to look at its own national legislation and ensure that '' and regulations and ensure it's in full compliance.
  QUESTION: And in the past, have they fully implemented sanctions that have been brought against North Korea?
  MS. NULAND: Again, it's their national responsibility. I don't think I'm in a position here to give them a grade on that particular thing.
  QUESTION: Can you take a run at this from the perspective of the South Koreans? The North Koreans first attacked the Cheonan, which some 46 sailors were killed. Then there was the shelling of a South Korean island near the border. And there has been some popular sentiment that South Korea, under the previous president, Mr. Lee, didn't do enough to defend its citizens and its territorial sovereignty. What guarantees has the U.S. received from the new government of Mrs. Park that it's going to be restrained, given that there is this public yearning, as it were, for some sort of payback against the North Korean regime and possibly taking advantage of this situation to perhaps do so?
  MS. NULAND: Well, Ros, I think the best place to send you would be to refer you back to the very strong and comprehensive statements that Foreign Minister Yun made with Secretary Kerry on Tuesday, where he spoke about the need to maintain strong deterrence and to do it in alliance with the United States and in a coordinated fashion, but also to keep the door open. As you know, the Secretary will see him again next week, and President Park will be here to see President Obama. So what's important here is that with a new administration in Seoul that we build and strengthen those personal relationships and we work together on a common trajectory here, and I think we're set up well to do that.
  QUESTION: But it's also happening within the context of a change to the mutual defense treaty between the two countries --
  MS. NULAND: Right.
  QUESTION: -- in which South Korea is now taking a more forward-leaning posture when it comes to defending itself rather than the U.S. having once had for decades the ability to defend not just its interests but those of South Korea as well. It's a peculiar time, to say the least, to have this tension happening, so are there assurances being made that just because South Korea is coming into this lead role, as it were, that it's not going to take advantage of it in a way that hasn't been thought through extensively?
  MS. NULAND: Ros, I think you're asking whether we have the kind of relationship, communication, and alliance that allows us to be fully comfortable and transparent with each other. The answer to that is emphatically yes. As Foreign Minister Yun made clear and as the Secretary made clear, we've done some recent updating to that. As we've also been talking about from all platforms, we've taken additional deterrent steps. What's most important is that those lines of communication and approach stay open, and we're very well set up for that.
  QUESTION: Can I go back to this kind of new '' it seems as if anyway '' more talking about diplomacy, finding a diplomatic way forward? Do you think that '' did you not anticipate that some of your kind of rhetoric in the last few days would be taken seriously by North Korea? I know you say you're making '' you're taking their threats seriously, but you can see where they've taken what you've been saying and have been ramping it up even further. So can you talk a little bit '' I mean, this is definitely a new tone today '' so about how you're dialing it back a little bit?
  MS. NULAND: Elise, you were a little bit late. We went through --
  QUESTION: No, I mean, I heard what you're saying, but you didn't really answer the question.
  MS. NULAND: We went through this at the beginning. I, first of all, reject the notion that there is a new tone one way or the other. I would simply say --
  QUESTION: Really?
  MS. NULAND: I would simply say, as I said at the beginning, as the Secretary said on Tuesday, when you have a country that is making the kinds of bellicose threats that they are making and taking the steps that they are taking, and when you have allies and treaty commitments, you have to take it seriously; you don't have any other choice. So the moves that we have been making are designed to ensure and to reassure the American people and our allies that we can defend the United States, that we will, and that we can defend our allies.
  So from that perspective, it was the ratcheting up of tensions on the DPRK's side that caused us to need to shore up our own defense posture. We have done that. But we have also been saying all the way through that this does not need to get hotter, that it can '' we can change course here if the DPRK will begin to come back into compliance with its international obligations, will begin to cool things down, take a pause, understand that for the future of its people, for the future of its country, the course it's currently on is only going to lead to isolation. But there's a better way. There's a different way. There's a better future.
  Please.
  QUESTION: Change topic?
  MS. NULAND: Yeah. Please, let's change topics. I think we've really now done about 25 minutes on North Korea. But one more.
  QUESTION: Yeah. Okay. Any kind of talks with North Korea is not working now. The United States assessment about effectiveness of Six-Party Talks, what is your comment?
  MS. NULAND: Well, again, we haven't been able to have any rounds, given where we are. So we would obviously like to be able to get back there, but we're not in that situation now.
  Said.
  QUESTION: Iran?
  MS. NULAND: Iran.
  QUESTION: Yes. Could you share with us anything new or new developments in the meeting at Almaty?
  MS. NULAND: They're on their way to Almaty. They left last night. I think the talks actually start tomorrow. As you know, we offered a background briefing yesterday that sort of set the table for that, but they're en route.
  QUESTION: Okay. Now there was an event today in town that discussed what should be done with Iran and it's suggested that there's a number of things that you guys are not creatively approaching such as having people-to-people relations and so on. And one issue that came up was the fact that you don't have an interests section in Iran despite repeated tries over the past 15 years. Why not have an interests section in Iran?
  MS. NULAND: Again, Said, there are any number of things that could improve in the U.S.-Iranian relationship if we can work through this toughest problem, and that's what we're trying to do in the Almaty talks.
  QUESTION: So the chief Iranian negotiator, Saeed Jalili, said yesterday in a speech in Almaty University that they '' what they want the United States to do at the top of this meeting is to accept Iran's right to enrich. Is that totally unacceptable for the United States?
  MS. NULAND: Again, I'm not going to go beyond what our background briefer had to say yesterday, which was that we believe that we have a positive proposal on the table that would allow for step-by-step measures in the right direction. And we want to see at this round a serious Iranian response to it.
  QUESTION: But other countries enrich. I mean, Brazil, Japan, other countries have a civilian nuclear energy policy.
  MS. NULAND: And we've always said that nobody was looking to deny Iran the right to civilian nuclear power, but it has to be under the right circumstances and at the end of the '' a positive resolution of the international community's concerns about their nuclear program more broadly.
  QUESTION: I don't think that's quite correct. You haven't always said. I mean, you personally have always said that --
  MS. NULAND: Thank you. (Laughter.)
  QUESTION: -- the first Bush Administration --
  MS. NULAND: Oh my goodness, we're going back a decade now. A decade, two decades.
  QUESTION: No, no, no. The first of George W. Bush Administration --
  MS. NULAND: Okay.
  QUESTION: -- there were '' the policy was that Iran should have '' Iran didn't need civilian nuclear power because it had enough oil. I remember Mr. Bolton saying this over and over and over again. So always --
  MS. NULAND: Suffice to say that in recent years we've been clear about this.
  Said.
  QUESTION: Yeah, but in fact you are ruling out their right to enrichment while everybody '' all scientists and experts say that up to 5 percent of the enrichment can actually be controlled and verified and all these things that will be utilized --
  MS. NULAND: Said, I'm not going to have this negotiation here today.
  Goyal.
  QUESTION: India?
  MS. NULAND: Yeah.
  QUESTION: Madam, again this issue has been asked several times about the visa. Recently, of course, the British Prime Minister, Mr. David Cameron, sent his special business delegation to Gujarat to '' the Indian state of Gujarat to meet with Chief Minister Modi. Now this week, while the special delegation from the U.S. '' congressional delegation, also including big industrialists, they went to Gujarat and met with Chief Minister Modi and they praised the state and his achievements and developments in the state. And they are saying that he may be the future of India-U.S. relations.
  My question is that have you changed '' I mean, the U.S. has changed its mind as far as providing or giving visa to Chief Minister Modi after all these developments, I mean? Thank you.
  MS. NULAND: Well, let me first say with regard to our congressional delegation that was in Gujarat, visits like this do help support a deepening of business-to-business ties, of people-to-people ties, across India, in Gujarat. So from our perspective, the more congressional delegations that visit India and understand its dynamism and diversity, the more likely we are to continue to deepen those important ties.
  With regard to Mr. Modi, our lines have not changed here. He is welcome to apply.
  QUESTION: And just a quick follow, as far as the U.S. Embassy in Delhi and our good new Ambassador, is she has taken part in this delegation or is she taking part when --
  MS. NULAND: I don't know if our Ambassador accompanied them to Gujarat. She obviously sees all Congressional delegations who come through Delhi. I don't know if she went --
  QUESTION: Has she met with Chief Minister Modi?
  MS. NULAND: I don't believe so.
  QUESTION: Thank you.
  QUESTION: Just a follow-up.
  MS. NULAND: Yeah, Lalit.
  QUESTION: He's welcome to apply, previously you hadn't said that? You're saying that there's no change in U.S. policy on his visa, so --
  MS. NULAND: Well, there is no change, that he is welcome to apply. All visa decisions are made on a case by case basis, and I'm not going to prejudge it here.
  QUESTION: -- the policy U.S. earlier was, which was in 2005, established that he was not being given a U.S. visa because of the concern that the U.S. has on the Gujarat rights.
  MS. NULAND: We've said at all points that like any other visa applicant he's welcome to apply and we'll review the case on the merits.
  Please.
  QUESTION: Ivory Coast.
  MS. NULAND: Yeah.
  QUESTION: In reference to the Human Rights Watch report about what appears to be an imbalance in the Ouattara government's prosecution of those suspected of post-electoral violence, is it the opinion of the United States Government that the Ouattara government has been balanced in prosecuting those or charging those responsible?
  MS. NULAND: Thank you for that, Scott. We are concerned about reports that question the impartial application of justice in the Government of Cote d'Ivoire's prosecution of perpetrators of human rights violations and abuses on both sides of the post-election crisis in 2010 and in 2011. We continue in our conversations with the Government of Cote d'Ivoire to stress the need for accountability for all those responsible for serious crimes during the conflict in Cote d'Ivoire regardless of what side they are on. And we reiterate our call for credible, transparent legal processes at both the national level and the international level to ensure that the alleged atrocities are investigated and that all perpetrators, regardless of which side they supported, are brought to justice.
  QUESTION: Sorry, can I just clarify something you said?
  MS. NULAND: Yeah.
  QUESTION: You were concerned about reports that '' you were concerned about the findings of the reports, right? You're not concerned about the report --
  MS. NULAND: No, no. The reports '' we're concerned about the findings of reports that question --
  QUESTION: Right. Okay.
  MS. NULAND: Yeah.
  QUESTION: So in other words, you share the concern that --
  MS. NULAND: We share the concerns that there are questions about whether the approach has been impartial.
  QUESTION: You'll see in the Human Rights Watch report that they allege that of the 150 people who have been charged, all 150 are Gbagbo supporters, and none of them were Ouattara supporters. Has the U.S. Government had any assessment of that scope of those charges, to either confirm or dispute that rough breakdown?
  MS. NULAND: I'm not in a position here to advise whether we have our own accounting. I did note that the Human Rights Watch report speaks about a sequential application of justice both by the Ivorian Government and by the ICC, and questions whether that's the right way to go in this case. But that would lead to the kind of results that we see so far, and as I said, we have concerns about whether that's the right approach.
  QUESTION: Speaking of transparent and legal '' perhaps this was touched on earlier in the week '' what are the concerns out of this building about what is happening in the presidential campaign in Zimbabwe? There are reports that short-wave radios are being confiscated in small villages, people who are counting on information from VOA, from Radio Free Europe, from other organizations, to find out alternate perspectives on the political policies of Mr. Mugabe and the opposition candidates who are running. There are also suggestions that perhaps if the leading opposition candidate were to win, that there could be the specter of a Libya or a Syria-type situation, according to one high-ranking military official. Is the U.S. concerned about what is happening as Mr. Mugabe is trying to get yet another term in office?
  MS. NULAND: Ros, let me see what we've got on Zimbabwe. You know how strongly we feel about the people of Zimbabwe having the right to free, fair, transparent elections finally. But let me look into what we '' how we assess the ground situation in preparation for that.
  QUESTION: Okay.
  QUESTION: Syria?
  MS. NULAND: Yeah.
  QUESTION: Today or '' Bashar al-Assad, yesterday or today, gave an interview to two Turkish outlet '' Ulusal, a TV station, and Aydinlik, a newspaper '' in which he accuses Turkey and your other allies of Syrian blood on their hands. He's calling the Arab League quislings and doing your bidding and so on. And he's certain that he will prevail.
  One, have you been able to see the interview? It will air tomorrow, by the way, if you're interested. But there are some excerpts that came out. And do you have any comment on what he said?
  MS. NULAND: I haven't seen the interview. I don't think I need to see it. It doesn't sound like there's anything new here from Assad but blaming everybody but himself for the blood flowing in his country. You know how we feel about this. Any time he chose to stop it, he could.
  QUESTION: Yeah, but he also points out a crumbling opposition, and in fact, one can observe that, that within the different groups and so on, they are not being cohesive together, they're not coalescing, they're not showing the kind of '' sort of resolve, politically at least, that one sees. So do you dispute that?
  MS. NULAND: We continue to see gains made on the ground by the opposition. With regard to the political opposition and the essential element of unity, you know that we continue to work very hard on that and to support unity among them. They are now beginning in liberated areas to deliver assistance themselves, to support, as we've talked about here, elected governments outside '' in the towns outside of Aleppo and in the north there. And that is a very important trend. So he's living in a parallel reality; let's put it that way.
  Please.
  QUESTION: Same topic, Toria.
  MS. NULAND: Yeah.
  QUESTION: Thank you. Lucas Tomlinson, Fox News. A few questions on the UN team investigating the allegations of chemical weapons use in Syria: We heard that the team members were hoping to hit the ground in Syria this week. Can you update us on whether in fact any members of the team have arrived in Syria?
  MS. NULAND: I looked into that yesterday. My understanding is that the team is still preparing to go, but I'm going to send you up to the UN for further clarification on that.
  QUESTION: Thank you. And also, a few follow-ups: Who is the State Department's primary point of contact with the investigating team?
  MS. NULAND: Well, as you know, this is a UN team, so our mission to the United Nations is very much involved in supporting that effort.
  QUESTION: Right. And you previously mentioned from this podium that the U.S. is supplying technical assistance to the team, this UN team. But you're not being specific about it. Can you tell us whether we have, in fact, provided any assistance to the team, to this UN team?
  MS. NULAND: Well, first of all, to say '' I think I said it a couple of '' some time ago that there was a decision made that no P-5 countries would actually participate on the team, but that we are open to supporting the UN's efforts with appropriate information sharing, et cetera. My understanding is that we have been open and transparent and that we will continue to try to be responsive to any requests that come our way.
  QUESTION: Fantastic. And lastly, has anyone in the building, at the Office of the Legal Adviser, for example, or any other bureau, been put to work since these allegations first surfaced back on March 19th, researching what happened with these chemical weapons, supposed chemical weapons, or otherwise been tasked with funneling information to the White House or NSC?
  MS. NULAND: I'm not sure what you're asking, but we have a whole-of-government effort as necessary, both in terms of ensuring that we have a '' as much information as we can about the situation in Syria across the board, and as I said, we are prepared as necessary from all agencies to support the UN effort however we can.
  Please.
  QUESTION: On Afghanistan.
  MS. NULAND: Mm-hmm.
  QUESTION: The Afghan President Karzai was in Qatar over the weekend for talks with the government on opening up Taliban office in Doha. How do you sense '' after his visit, do you think the Taliban will be '' finally be able to operate from Qatar and hold talks with you or the Afghan Government?
  MS. NULAND: Well, as you know, we were supportive of President Karzai's visit to Doha to strengthen the cooperation between the Afghan Government and the Government of Qatar to prepare for the prospect of Afghan-Afghan talks there, on the Afghan side under the auspices of the High Peace Council. That is a separate issue than whether the Taliban chooses to avail itself of this opportunity. It knows very clearly what it has to do, and the ball is in its court if it wants to see this office opened.
  QUESTION: And has the U.S. tried to independently get in touch with the Taliban over the last few weeks or few months?
  MS. NULAND: I'm not going to get into the details. I think that there is no question in our mind that the Taliban understand very clearly what's required if they want this office to open.
  Please.
  QUESTION: A follow-up on the Travel Warning to Lebanon.
  MS. NULAND: Mm-hmm.
  QUESTION: Some embassy security people were seen scouting that part of beach that was used in 2006 to evacuate the U.S. nationals from Lebanon. Does it say anything about the seriousness of your concerns about violence spreading to Lebanon, maybe needing to evacuate?
  MS. NULAND: I'm certainly not going to talk about security posture of U.S. personnel in Lebanon. Sorry.
  Please.
  QUESTION: Change topics?
  MS. NULAND: Yeah.
  QUESTION: The Palestinian territories?
  MS. NULAND: Yeah.
  QUESTION: The Israeli occupation army continues to use live ammunition to quell demonstrations. Yesterday, they killed a 17-year-old boy; they injured many others; they continue to do this today, using both live ammunition and rubber bullets. I wonder if you have a position on the violence that is '' seems to be getting out of hand.
  MS. NULAND: We talked about this quite a bit yesterday.
  QUESTION: But this has happened '' or transpired since then.
  MS. NULAND: Our understanding '' yeah. Our understanding is that this tragic incident is being investigated now by Israeli authorities. We look forward to the results of that investigation. And again, we make the call that we've been making for some time, that both sides, all sides, have to refrain from provocative action, have to refrain from violence and set an environment that is conducive to peace.
  QUESTION: Are you aware that the Israeli soldier kept his lifeless '' kept his family from reaching his lifeless body, to retrieve the body and so on, for hours on end until the --
  MS. NULAND: I don't have that level of detail on this issue, but my understanding is that the Israeli Government has pledged to investigate, and we look forward to seeing the results of that.
  QUESTION: And finally, do you trust the Israeli Government to do its own investigation on these issues? Have you had sort of the kind of experience from the past where they can come clean on these investigations?
  MS. NULAND: This is the standard and appropriate procedure in an incident where there is a question about whether conduct was appropriate. We do the same thing on the U.S. side with regard to our own soldiers.
  QUESTION: Okay. In the event that the Israelis do not do their own investigation, would you support the Palestinians to go to the ICC to pursue such an --
  MS. NULAND: You're getting me six steps ahead of where we are.
  Please, Lalit.
  QUESTION: Can we go to the issue one more time? When a congressmen or group of congressmen invites a foreign national, is the State Department obligated to grant him the visa? Or you can take an independent decision based on merits?
  MS. NULAND: Every visa is adjudicated on the merits and in the context of U.S. law individually.
  Goyal.
  QUESTION: Just quickly, I wanted to go back to my question. My question is different, madam. As far as this delegation is concerned, before leaving had they spoken with Secretary Kerry or are they going to brief him after they return?
  MS. NULAND: Well, I would expect that they had a good discussion with our Ambassador there, and she would convey the results of their '' of the CODEL back to Washington.
  QUESTION: Thank you, madam.
  QUESTION: Can I --
  QUESTION: On Afghanistan. There are some reports an American contractor is being held in Kabul, in a Kabul prison. His name is David Gordon, apparently being held for $2.4 million. Is the State Department aware of this report? Are you '' and if so, are you doing anything to secure his release?
  MS. NULAND: We can confirm that a U.S. citizen was arrested in Kabul. We are providing appropriate consular assistance, but because of privacy considerations, I can't give you any further details.
  QUESTION: Can I --
  QUESTION: Tunisia.
  MS. NULAND: Sorry. Tunisia?
  QUESTION: Tunisia.
  MS. NULAND: Yeah.
  QUESTION: Are you following the case of Tunisian jihadist, (inaudible) who was arrested in Egypt on March 21st and handed today to the Tunisian authorities? He reportedly was running a network that facilitated the movement of jihadists by providing them with false passports. Are you following his case? Is he a person of interest to you?
  MS. NULAND: I don't have anything today on that case. Let me see if we have anything we want to share.
  QUESTION: Okay.
  MS. NULAND: All right?
  QUESTION: No, no. I've got two very brief ones.
  MS. NULAND: Sorry.
  QUESTION: One, related to the Secretary's trip, particularly his stop in Turkey, are you in a position now to say who he will be meeting with? Will he see Prime Minister Erdogan?
  MS. NULAND: We expect that he will see Prime Minister Erdogan.
  QUESTION: Okay. And in that conversation, do you expect him to raise the Prime Minister's plans to travel again to Gaza in the context of the rapprochement?
  MS. NULAND: As I said, Matt, I do expect that the whole complex of issues surrounding Middle East peace will come up. I can't '' they have in the past talked about appropriate reconciliation, if you will, among Palestinians and our insistence that Quartet principles need to be abided by if this is going to serve the cause of peace.
  QUESTION: Right. Well, could I just ask, does the Administration see a visit to Gaza by Prime Minister Erdogan, as he plans to do, in keeping with the rapprochement that the President '' President Obama brokered between him and Prime Minister Netanyahu?
  MS. NULAND: I don't think I'm going to get into characterizing a visit that hasn't yet taken place. We have in the past in our conversations with senior Turkish officials urged that any contact with Hamas be in service to the greater issue of stability and peace and that the fundamental underlying tenets of the Quartet principles be reiterated as the necessary precondition.
  QUESTION: Okay. But does that mean it's not necessarily counter to the rapprochement that was --
  MS. NULAND: Again, I'm not prepared to comment at this moment on a visit that hasn't taken place.
  QUESTION: But just in a general way, I mean, isn't Turkish '' isn't this one of the whole reasons for the rapprochement in the first place, that Turkey could play a helpful role in terms of working on Palestinian reconciliation and helping peace and stability in the region. I mean, isn't that '' wasn't that one of the whole tenets of it?
  MS. NULAND: Certainly, Turkey has significant influence with the Palestinians. It has the ability to encourage Palestinians of all stripes to accept Quartet principles and move forward on that basis. That's a different matter than the question that Matt asked.
  Go ahead.
  QUESTION: Toria, very quickly on this issue?
  MS. NULAND: Yeah.
  QUESTION: Do you have any comment on the reelection of Khaled Meshaal as the head of the politburo of Hamas, someone who's been described in this town as a person that you can do business with, that he is reasonable?
  MS. NULAND: I don't, Said.
  QUESTION: Can I just ask about the Secretary's visit to Istanbul? Are there any plans for him to meet any of the Syrian opposition leaders who are based there?
  MS. NULAND: Not on the stop in Istanbul, no.
  Okay?
  QUESTION: All right. I've got --
  QUESTION: (Off-mike.)
  QUESTION: I've got my --
  QUESTION: Wait. On another stop?
  MS. NULAND: I think it depends on the '' on what's happening with some of those leaders. We're still looking at that.
  QUESTION: I believe this questions was posed to you all by us but not in the '' but offline yesterday. I'm wondering if Secretary Kerry plans to follow the lead of President Obama and Secretary Hagel in forgoing a percentage of his salary.
  MS. NULAND: Well, first of all, let me say, as you probably know and as was clear from his public disclosures, the Secretary contributes every year to a large number of charitable causes that he is quite private about it. This year though --
  QUESTION: But --
  MS. NULAND: This year though, this year though, in recognition of the special circumstances of sequester, the Secretary does intend to give the equivalent of 5 percent of his government salary to an appropriate charity that will benefit employees of the State Department. So that is his plan for this year.
  QUESTION: And that charity, that would be the U.S. Treasury?
  MS. NULAND: No, he's going to '' rather than contribute to the Treasury, he's going to contribute to a charity that benefits State Department employees.
  QUESTION: Okay. Can you be more specific about what that charity is?
  MS. NULAND: We're still working through what the --
  QUESTION: Does it exist?
  MS. NULAND: We have a number of employee charities that serve as '' that benefit folks who have been injured or killed in the line of duty. We have a number of charities that benefit children of our employees. We're still looking at the best choice and whether all of the money will go to one or whether it'll be spread. I'll let you know when we have more to share.
  QUESTION: Okay. And then '' and this is on top of what he already '' he gives to other non-State Department related charities?
  MS. NULAND: Correct. He ''
  QUESTION: Can you --
  MS. NULAND: In line with the decisions that have been made by other senior Administration officials, he will make a contribution on the order of 5 percent of his salary.
  QUESTION: Do you know why he decided to go that route instead of just returning it to the Treasury, which seems to need the money a whole lot?
  MS. NULAND: I think he wanted to ensure that his contribution made a direct impact on our larger State Department family.
  QUESTION: Thank you.
  MS. NULAND: Thank you.
  QUESTION: (Off-mike.)
  MS. NULAND: Just to be clear, his annual salary is $183,500, so 5 percent is about 9,175.
  Okay? Thank you.
  (The briefing was concluded at 1:44 p.m.)
Can Kim find a husband for Muchelle
  Link to Article
  Archived Version
  Source: Lame Cherry
  Fri, 05 Apr 2013 09:47
  This blog sympathizes with Muchelle Obama in finding Chinese take out does not bring home the bacon and lay the extra sauce in the bun wagon in this quote: During an interview with Burlington, Vt. CBS affiliate WCAX, first lady Michelle Obama described herself as a "busy single mother" before quickly correcting herself, explaining, "Sometimes when you've got the husband who's president, it can feel a little single, but he's there."
  Yes Muchelle Obama is finding out that exotic has no place in the home, as she almost divorce the sodomite Birther Obama years ago, and while the children look nothing like Barack, it is evident that she perhaps had Scottie Pippen and Stevie Wonder help in that fathering too.
  Always looking to be of assistance, that would be help to Harvard degree awardees, to the American Afroid, this blog now offers this for MR Obama.
  Look Muchelle, you are a vixen when you get that pouty pout going in pictures that make your pussy dry, so why not put a call out to Kim Jong Un. Now listen Muchelle, look what a monkey Kim has made of your gay husband with Chinese roots.Would it not make sense to just call Kim and say, "Kim, I'm in need of a man who can come home, boss me around, tell my children to be good and to spank my ass and make me bark like a poodle later as I rub his feet".
  In the above photo, there is sexy Kim Jong Un on a steed. With him are some of the finest Korean males of Marxism, real Marxism that bleeds and not Obama Marxism that leeks pecker cum out of his auditioning puss in his pants.
  Would not one of these three men make Muchelle bark like a dog? Could you not see them getting on Muchelle and putting the spurs to her and taking her for a wild ride?
  Would not all of this benefit America in MR Obama being wed to a Korean general? Think of the daughters gaining a nice Korean boy. The girls might produce future Pittsburgh Steeler playres like Heinz Ward.
  Look, Muchelle, your Birther Obama, has shot his was on North Korea. He has threatened to nuke Kim, has buzzed Kim, has broken Kim's missile, has sent Chuck Hagel over with a fleet of missiles to make Guam a target.......and after all this in Obama award winner George Noury ramping up the talking points.........Obama now is backing down on the rhetoric as Kim Jong Un will not be bluffed as he is the man in the room and not the fag.
  It must be equally hard Muchelle for George Noury being an Obama stooge. Perhaps when yuo contact Kim, you could get George a nice date with the mare that one general is riding as he is Lebanese and they always got that sheep sex thing going on.
  Muchelle, just look at what a man Kim Jong Un is. He has a gorgeous wife without make up. He has rode her hard in bed and has a baby on the way, who is his and not Stevie Wonder's. Kim comes home at night and does not take limo dates with Lawrence Sinclair to have coke snorted off his thighs.See Muchelle, Kim is the king kong sized balls in the political room, and I can see by your statement that.......well Barack is out doing feces penis sex again and your are completely upset that you are a single Mum.
  Do not be a single Mum there Muchelle. Put your feelers out and have Kim Jong Un get you a real Korean man manyly, instead of this son of a Chinese whore Barry Chin. You will become a more beautiful woman in having a man who really wants to give you a good riding often. You will be novel in Korea, and the Koreans will not throw rocks at you like they did Barry........just please do not get too close to a plough or they will probably think about hooking you up to it.
  Muchelle Obama, you hate being Second Thang to Reggie Love. You had to shoot Donald Young in a jealous fit to shut him up. Do you not deserve something out of this life, and for your little bastards?
  Does not Mrs. General Michelle Robinson Park sound like a nice title? No John Boehner to scowl at. No America to hate......well America to hate but from the wonder of North Korea.
  Make the 3 AM call there Muchelle, as Barack is not using the red phone, so dial up Kim or Mrs. Kim and ask for them to find you a real Asian husband in Korea. You got a few good years left in you.....and look if Kim Jong Un is not willing to marry off a General to you, how about working up to it, in offering being a mount for one of the Generals in the cavalry. Give him a good ride and do not run off on him, and you might just get a date with matrimony involved.
  Do it soon Muchelle or the reality is your husband is going to look even more fag in another kow tow to Kim Jong Un, as Kim is beating him on every level......and if that happens you might not get a General and end up with some homosexual community organizer and even if he is Korean, you really are not improving yourself there.
  Hope that helps Muchelle.
  agtG
The Jews Behind Homeland Security
  Link to Article
  Archived Version
  Source: Real Jew News
  Fri, 05 Apr 2013 09:45
  Jewish Agenda Articles
  The Jews Behind Homeland SecurityBy Brother Nathanael KapnerCopyright 2013April 5, 2013
  Articles May Be Reproduced Only With Authorship of Br Nathanael Kapner& Link To Real Jew News (SM)
  Support The Brother Nathanael Foundation!
  Or Send Your Contribution To:The Brother Nathanael Foundation, PO Box 1242, Frisco CO 80443E-mail: brothernathanaelfoundation@yahoo.com___________________________________
  EVERYONE'S TALKING ABOUT Homeland Security but no one has the guts to say who's really running it.No, it's not ''Big Sis,'' alleged lesbian Janet Napolitano, as Alex Jones would have us believe.
  Nor is it ''power elites'' that those fearless 'truthers' like Gerald Celente at infowars are telling us.
  JEWS, not lesbians and fascists, are pulling the strings at Homeland Security.
  And besides, with Napolitano being honored by Abe Foxman of the ADL for fighting ''extremism'' (shortage of ''terrorists'' means the Jew-controlled DHS has to go after us) is proof enough that she's a pawn of the Jews.
  The Southern Poverty Law Center, a Jew-intensive''special watchdog'' for the DHS, has compiled an extensive list of 'extremists' INCLUDING many Christian organizations now in the crosshairs of the Christ-Hating Jews who run Homeland Security.
  At the top of the list of the Jews behind DHS is:
  Michael Chertoff'' Former head of Homeland Security. Current principal of The Chertoff Group, dubbed as a security consultancy company.
  The Chertoff Group is the primary consultant to Homeland Security, staffed by former DHS officers with Jews holding the highest positions as principals, senior advisers, top staffers, and 'experts' on national security.
  Indeed, all of these JEWS at the Chertoff Group are current advisers to DHS.
  And, of course, there's all the Gentile shills like Michael Hayden whose fat paychecks signed by Chertoff are solid evidence that they've sold their souls to the Jews.
  At the same time, loads of Jews staff Homeland Security itself. Noah Kroloff, a Jew at Chief of Staff was just replaced by another Jew, Amy Shlossman.
  The chief diplomatic officer at DHS is the Jew, Alan Bersin.
  And two Jews: David Heyman and Alan Cohn, are heads of policy. Yes, ''policy'' at Homeland Security is led and shaped by Jews.
  So NEXT TIME you hear all the 'truthers' at infowars complaining about Homeland Security's ''policy'' then quickly chime in with: Did you know that JEWS shape the ''policy'' at DHS?
  (Jones will likely BAN you from ever posting again on his site for simply stating the facts.)
  Chertoff enjoys the dubious distinction of being awarded a multi-million dollar contract by Congress to put hundreds of RapiScan ''porno-scanners'' in TSA lines throughout our nation's airports.
  In 2012, Chertoff was appointed head of the US division of BAE Systems, Europe's largest weapons-maker, seeking via his influence a bigger piece of the Pentagon's budget pie.
  As the primary consultant to Homeland Security with advanced weapons now at his disposal, we can clearly see the fruit of Chertoff's consulting services.
  Owing to Chertoff's counsel, Homeland Security has purchased enough bullets, weapons and armored vehicles to wage a 7 year war on the American people.
  Don't be fooled. Janet Napolitano, an alleged lesbian who Alex Jones calls ''Big Sis,'' is nothing more than Chertoff's puppet.
  Chertoff and his fellow Jews along with high-ranking Jews within DHS wield all the power necessary to grease the gears at America's Cheka Unit known as Homeland Security.
  And these same Jews who run the federal police are slowly but surely absorbing the local police as well'...all in the name of fighting extremism NOT 'terrorists.' And that's scary'...
  Support The Brother Nathanael Foundation!
  Or Send Your Contribution To:The Brother Nathanael Foundation, PO Box 1242, Frisco CO 80443E-mail: brothernathanaelfoundation@yahoo.com___________________________________
  For More See:Jewry's Lock On America's SecurityClick HereAnd:Prepare For A Jewish Police StateClick Here
  And:Martial Law Coming SoonClick Here
  And:Homeland Security's Deadly Ammo PlanClick Here
  Support Brother Nathanael!
  Send Your Donation To:Brother Nathanael Kapner; PO Box 1242; Frisco CO 80443E-mail: bronathanael@yahoo.com
  Scroll Down For Comments
  Brother Nathanael @ April 4, 2013
Google fighting back on unconstitutional National Security Letters
  Link to Article
  Archived Version
  Source: USA RSS
  Thu, 04 Apr 2013 22:59
  Google, the world's largest search engine and primary arbiter of the Internet, is putting up a fight against a controversial and unconstitutional national security inquest from the US government.
  Court documents revealed by Bloomberg show that the company is resisting after receiving a National Security Letter (NSL), a government tactic that privacy experts say gives the federal government unprecedented intelligence gathering power.
  The letters, which have secretly been sent to business owners since 2000, demand that the recipient turn over transaction records, phone numbers, email addresses, and other otherwise confidential, personal information. They are often sent without explanation - and include a gag order, making it illegal for the recipient to discuss the demand in any way.
  One of the most important concerns levied by critics is that the NSLs are issued without a warrant and, other than a signature from a Special Agent in Charge of the given issuing FBI office, they are subject to little in the way of legal oversight.
  To force companies to release extensive information, the FBI only needs to prove - to itself - that the information sought is ''relevant'' to an investigation into nefarious intelligence activity or terrorism. NSLs did not require court approval to access a customer's online browsing history, financial records, or any of the aforementioned information.
  Google's legal challenge comes only weeks after a federal court ruled that NSLs are unconstitutional, although that ruling was given a stay of 90 days in the event of a government appeal.
  Fewer than ten of the 300,000 NSL recipients since 2000 have come forward, according to attorney Matt Zimmerman of the Electronic Frontier Foundation, an Internet and government transparency advocacy group.
  ''The people who are in the best position to challenge the practice are people like Google,'' Zimmerman told Bloomberg.
  ''So far no one has really stood up for their users,'' he said of the other major technology companies.
  In early March, after negotiating with the FBI, Google tried to be more transparent about the government's requests. In each year between 2009 and 2012 the search giant received, it says, between zero and 999 NSLs.
  ''You'll notice that we're reporting numerical ranges rather than exact numbers,'' Richard Salgado, a legal director for Google, wrote in a blog post. ''This is to address concerns raised by the FBI, Justice Department and other agencies that releasing exact numbers might reveal information about investigations. We plan to update these figures annually.''
  NSLs have been a government methods of choice for decades, but saw their frequency immediately increase upon the law's expansion with 2001's PATRIOT Act under the George W. Bush administration.
  ''The FBI has the authority to prohibit companies from talking about these requests,'' Salgado wrote in the same blog post.
  ''But we've been trying to find a way to provide more information about the NSLs we get '' particularly as people have voiced concerns about the increase in their use since 9/11.''
Pasta Drought
  Link to Article
  Archived Version
  Source: Lame Cherry
  Fri, 05 Apr 2013 09:22
  My neighbor Daniel was informing my Mom that due to no moisture in the soil in Kansas last autumn that the winter wheat did not sprout.
  I realize I will have to explain this to a Mark Levin as he thinks growing corn makes bread prices go up, as he thinks corn and wheat lands are the same ground and states.For that silliness, your pasta is made from winter wheat which grows on the southern plains of the Great American Desert.
  Your bread grain is Hard Red Spring Wheat, which is sown in the spring.
  Pasta is made from Amber Durum Wheat, and is a bi annual. That means it sprouts in one year, and only produces seed the next year. See pasta wheat is planted in the autumn, allowed to sprout and grow, where freezing temperatures then make the plant go dormant, to which in spring it starts growing again and in July a farmer has a crop of pasta wheat for Cream of Wheat or your spaghetti.
  When grain does not sprout, that means that no pasta is going to be made at the same price. This has been all hush hush, and Daniel just provided what he had heard concerning the Obama Dirty Drought which America had in 2012 and is still having in 2013.
  For all the fools who have been praying for snow, I have been monitoring that in the snow from this HAARP Obama drought storm play, has really no moisture in it. The snow pack was quite dense and should have produced a great deal of run off, and this snow is like freeze dried ice.....yes it is dry ice, in it simply is a combination of structures which create the Cherry Cloth, that snow mold, and evaporates into thin air as it seems some form of carbon dioxide.
  No one has ever mentioned nor noted this fact, but it is all part of this atmospheric manipulation taking place by the feudal elite in HAARP.
  So the ground has no water even with snow. That means all Obama did in HAARP was keep things cold so things freeze dried a bit longer in his super drought.
  Yes this is all Lame Cherry matter anti matter exclusives, but it couples with the reality that the farmers in America are all old geezers like around 57 years old. They are all carrying immense debt as in 1 million dollars in debt in land and planting costs. THAT PASTA WHEAT cost money to put in the ground, and it will cost more money to sow a spring wheat into that ground, providing of course a crop is raised in enough moisture, they will get at least something, and something could also be sunflowers which are a good crop, which take longer to produce which in a dry year, are not something one cares to gamble upon.
  The net result is people who got crops last year owe this to my need in God's Grace, and those who did not are in a process of having more costs entering into a severe drought cycle.
  If this takes place, which in part it already has, farmers will not have as much capital to pay bills. If no crop comes in, America is looking at a land price bust and you are going to be stuck in a USDA government bailout of farmers to try and save the few Monsanto planters as Obama Chicago needs to be kept in business.
  This is going to be a break year for American agriculture from the Nebraska line east west. That much debt, high land price speculators, crop prices spiked to create these immense Monsanto operations and dry snow, and no rain, are going to have things most interesting for Laura Ingraham bitching about 200 dollar grocery bills.
  Only at the Lame Cherry was it reported that Soros, Cargill and Archer Daniels, the 3 big grain owners in America, were hording grain since last summer. America has not been marketing any appreciable grain shipments and the markets have been posting lies about all of this as this blog pointed out.Now you know why in the market forces which are at work, and how all have been lied to, to not create a panic, as one would think it would have been news if Kansas winter wheat did not sprout and they will not produce Durum crop for pasta.Prices should have gone through the roof, and no one is bothering in the commodities to shift money there, but all the money is dropping into the dry well of the Stock Market on Geithner Bernanke and Obama's behest to keep this illusion going of all is well in Obamanation.
  Another exclusive of the Lame Cherry in matter and anti matter.
  nuff said
  agtG 241y
Fibrous Snow Mold
  Link to Article
  Archived Version
  Source: Lame Cherry
  Fri, 05 Apr 2013 09:16
  I really do not have a great deal to state about this, except it seems in the past 25 years that a snow mold has been growing under the snow banks of America.
  I do know that when it snows in this 21st century that my eyes feel like sand is in them, as I have an allergic reaction and that is something I never had as a child.
  One can point to chemtrails or whatever, but as I watch this snow mold, it is interesting in the traits of it appear more something like "jack frost spider webs". This life form actually grows in the cold when all plant forms die or go dormant.It has a consistency of patterns in it literally grows like a life form akin to frost developing, in a sort of crystaline webbing fiber.
  It does not appear affected by sunshine at all. Wind has no detrimental affects upon it either.
  What is fascinating is snow melts on this stuff, and does not degrade it, but when it rains, the rain has an effect on it, so it disappears.
  That would seem to indicate that this feathery, alien looking material, seems affected by a water in a higher temperature range than melting snow.
  This is a life form, and as no one has probably named it, I will call it, Cherry's Snow Cloth, as it seems to be some natural woven thing based upon molecular structures. I conclude it has something to do with HAARP and the "new snow" which falls from altitudes of different pollutant colors and mimics this same odd weave.
  I do know that if one electrifies primordial ooze that forms of life will appear in it. I suspect that HAARP is creating a sub molecular life form at high altitudes which somehow feeds off of the pollutants or nourishment in snow.
  Cherry's Snow Cloth...............yes I have now named a new life form. I doubt those liberal asses who hand out Obama millions for war called peace will be honoring me.
  agtG 214
SANDY HOOK; YEWTREE; OATWAY; SAVILE
  Link to Article
  Archived Version
  Source: aangirfan
  Fri, 05 Apr 2013 09:13
  Regarding Sandy Hook, in Connecticut:1. "In 2006, Wayne Madsen Report was informed by an aggrieved Connecticut mother that her attempts to rescue her teenage son from a group of serial child abusers, embedded in Connecticut's Department of Children and Families and rest of the state government, forced her to flee the state."She revealed that two Connecticut high schools, Staples High in Westport and Ridgefield High in Ridgefield, were involved in covering up cases of abuse of students and that the cover up extended to the police departments of Westport and Ridgefield.
  "Attempts by the mother of one abused male teen were rebuffed by Bridgeport Superior Court judge Edgar Bassick and other superior court judges and state's attorneys.
  "The tolerance for child abuse also extended to the office of the Attorney General of Connecticut at the time, Richard Blumenthal, who is now a U.S. senator and someone who spent three days in Newtown consoling the townspeople and families of the shooting victims and then-Governor John Rowland, who was later convicted and jailed on corruption charges.
  Dunblane school shooting - linked to a pedophile ring.
  "Some of the child abuse in Connecticut also involved "new age" religious cults, including some with Satanist underpinnings.
  "The 1996 report by John M. Massameno, Senior Assistant State's Attorney for Connecticut, contains allegations of prosecutorial misconduct in dealing with child abuse cases by the state of Connecticut and by federal authorities, including the FBI, as well as by state judicial authorities, including Judge Nicola Rubinow."
  A policeman2.Fighting Back reports on "Operation Yewtree", the London police investigation into child abuse relating to Sir Jimmy Savile and others."Have been told by Operation Yewtree that no action is to be taken in respect of the abuse I suffered in Halifax."So the physical, mental and sexual abuse I suffered at the hands of Malcolm Osric Phillips and others is not to be dealt with by a court of law...
  Conspiracy to procure children for a paedophile ring? The police claim there is no evidence.
  Continued here: Operation YewtreeCarole Oatway
  3. The Fat Kitten, Carole Oatway, on £95,000 a year, who keeps sex-abuse victims waiting for their compensation
  "Carole Oatway is still there. Why?
  "Why has Ken Clarke (UK government minister) made it harder for sex-abuse victims to claim compensation?
  "The 50,000 - who include the children of murder victims - need the money to cover medical bills and compensate them for their disabilities and lost wages'....It is understood that the CICA has been overspending by around £50 million every year."
  Continued here: The Fat Kitten, Carole Oatway, on £95,000 a year, who keeps sex-abuse victims waiting for their compensation
  Michael Vause. www.examiner.co.uk
  4.Police Paedophiles The Yorkshire Police "harboured Jimmy Savile and persecuted whistleblowers..."We were primarily responsible for unmasking West Yorkshire Police paedophile, DC Michael Vause...
  "We were able to propagate this news story...
  Jimmy Savile and his police friend.
  "Vause ended up in the police Professional Standards Department investigating other suspected paedophiles, would you believe?
  "One of those West Yorkshire Police officers he investigated ... was alleged to have abused his own child.
  "The accusations were made by the suspect's own wife, but he was cleared by Vause...
  Savile - friend of the police.
  "During a ... search of a fellow police officer's home, Vause removed a CD containing images of young children. Those were nephews and nieces of the officer under suspicion...
  "A third West Yorkshire Police paedophile ... was allowed to retire on full pension...
  "The fourth and fifth West Yorkshire Police paedophiles are named as ex-PC's Christopher Snow and Michael Conlon...
  "Conlon was based at Killingbeck police station, the same location as 'Inspector 5'² Mick Starkey (see Jimmy Savile paedophile news page here)...
  "New Police and Crime Commissioner, Mark Burns-Williamson, occupied the Chairman's seat at the now defunct and disgraced West Yorkshire Police Authority during the entire period when these paedophiles have been exposed and has, on the face of it, chosen to look the other way.
  "Burns-Williamson's Vice Chair was dodgy long-term Leeds City Councillor and ex-Mayor of Leeds, Les Carter. What did he know about Jimmy Savile's rape and paedophile activities over the entire 40 years he has been a Councillor. Nothing at all, Mr Carter?"
  Continued here: Police Paedophiles Many thanks to all the people who provided information for the above.
Hollywood Illuminati of Heaven & Hell (Michael Jackson & My Alien )
  Link to Article
  Archived Version
  Source: hollywoodilluminatidotcom
  Fri, 05 Apr 2013 09:11
  Hollywood Illuminati Behind the Scenes of Heaven & Hell (Michael Jackson & My Alien DNA)
  Not long after the Latino Illuminati Post, I was contacted by the most sinister European-French Illuminati Agency, Miviludes.
  Miviludes masquerades as a Cult Watch-Dog outfit but like most things that are Illuminati the meanings are usually reversed. We have the United Nations, which on the surface is supposed to be a non-biased, peaceful world agency but yet the U.N. runs the drug trades, traffics nearly all of the prostitutes from small rural villages into Amsterdam and of course they are the agency which the eugenics Nazi forces created after World War 2 & the Holocaust. It's the same with Miviludes.
  Miviludes is the occult agency that started taking vitamins off of store shelves in Europe, funds deadly bio-weapon experimentation in the U.S. and maintains entire prisons of under privileged children in the E.U., which are usually set up in Belgium (Center of the E.U.) or on Jersey Island (tax haven for Mitt & Anne Romney) located between France & the U.K.
  What does Miviludes do with these children? These kids are usually molested & then sacrificed to Lucifer by the Euro, Jewish and American Elites.
  When we saw the entire child molestation scandal with Michael Jackson, what really triggered this was the fact that M.J. was going public with child sex trafficking from Belgium into the U.S. Who trafficked these kids? High Up Entertainment & Hollywood Elites.
  How do I know this? During the M.J Trial in Ventura County, where Tom Snedden was the prosecutor, I was a shadow member of the M.J. Defense Team.
  So secret was my involvement that only M.J. and his mother Katherine Jackson even knew that I was working the case. At the time of the M.J. Trial, my job was to not only dominate the online narrative, which I basically did by taking control of AOL Message boards being that most people in America, had AOL as their online service but after Sept 11 WTC Attacks, the US Pentagon also worked with AOL and nearly every single America used AOL Chats and Message Boards. Communication on AOL via a desk top was even bigger than Google or Facebook. I even yanked stories off of the aire in L.A. and made Fox L.A. take down their ''comment line''. You simply weren't going to get any better than me.
  The Michael Jackson Issue was a matter of being caught between the King Solomon Jews and an over zealous, hick prosecutor that was not only in on the scam of the Mexican Con Artist Mother, who was not only guilty of welfare fraud but also was known in Hollywood Circles for setting up & black mailing celebrities, but Tom Snedden was a down right racist that worked for King Solomon Jews.
  The Michael Jackson Prosecution was basically the same model which was used by Jews on the West Side of L.A. when it came to O.J. Simpson.
  If we take Israel as a microcosm of Jewish Life, what we see are the trafficking of children, bloody sacrifice rituals and Kabbalistic Occult Magick. This King Solomon Jewish worship, was also being distributed into the some of the elite areas of L.A.'s West side.
  So, when O.J. and other blacks appeared to be more accepted by the elite gentile whites, the Jews started to panic being that fueling divide & conquer race narratives are the main tool and cloak of invisibility by the Jewish Tribes in non-Jewish lands. Did O.J. kill his wife? No. Of course not. O.J. Simpson's late wife, Nicole Brown, was basically murdered by the LAPD and A.D.L. (Anti Defamation League), which appears to control nearly every single police force in nearly every major city. And then the OJ Simpson Case was exploited by the King Solomon Jews to take heat off of their Kabbalistic Rituals.
  It was these Kabbalistic Rituals that Michael Jackson was planning on exposing before he was basically set up & then run out of the U.S. to the Mid East. Who really killed M.J.? I dont know; what I dont know.
  Satanism is not the exception in Western Europe & America but instead its the rule. I do not care how many little ''Jesus'' films they put on US TV or how much a politician pretends to pray & love Jesus every Easter Sunday, these houses of worship only lead to Lucifer.
  George Bush, as Governor of Texas, held the record for the greatest number of executions in the U.S. There is no one that Bush, as Governor, didn't execute. In fact, Bush & Texas executed over 152 people (men, women and handicapped). No other state has this record.
  The first woman (Carla Fey Tucker), in over 100 years, to be executed in Tx. was under Bush as Governor & as this woman cried & sobbed, Bush simply laughed and mocked her. Bush even executed a 62 year old great grand mother, Betty Lou Beets & he enjoyed every minute of it. Was there any reason to execute a 62 year old great grand mother? No. Bush just liked to kill people in the name of ''the law''.
  Bush, as Gov of Tx., LOVED killing people. If you could be killed and executed in Texas, than 100% of the time Bush would kill & execute you via the death penalty.
  But there was only ONE time that Bush granted amnesty to a prisoner in Texas'....Henry Lee Lewis. Who was Henry Lee Lewis? He was an admitted Satanist, cannibal and child rapist. So, that should explain to you at how Satanism is the real law of the land when it comes to the American Elites. So, I dont care how much Bush prayed and pretended to be an Evangelical Christian, the man was really a Satanist.
  The Universe is much, much older than what astronormers actually belive and report as fact, in the same manner that these structures like the Pyramids are tens of thousands of years older than what archaeologist would like to believe.
  This Illuminati Religion, that many people subscribe to in Hollywood about merging with machines and becoming immortal, is something that has already been done and it failed.
  I can tell you what is on Mars and what is on Venus? The atmosphere of Venus is nothing like it is described in science books. Venus actually has a bunch of broke down robots from humans that already tried to merge with machines. What happened? We destroyed them & we will destroy them again.
  There is no way that a Jesus or anyone could have possibly seen any Saints from this planet. The area of the universe, which we currently exist, is in a part of the universe that is a suction for waste & evil.
  There are other civilization in this universe but these are civilizations which we will never contact because we aren't allowed to make contact. I should not say ''we'' instead I should say ''you''.
  Only demonic beings would actually try to toss away their soul & worship flesh to the point that they attempt to become machines. Making one self more & more materialistic is the doing of mad men, demonic soul and a great sin. This area of the universe is what one might call'....hell.
  If you are to believe in Christian Texts, when Lucifer fell, it was to the location of the universe which we currently occupy, so, we are souls that are assigned to Lucifer's platoon. Each & ever soul that is currently on Earth didn't just end up here by accident but instead your soul's time line shows that you are of Lucifer and therefore when you left your last body, you were basically thrown to this world, that is located in this geographical location of the universe. Right now, we are all dwelling in the hell, which you read about in your bible.
  Is there any way that you will die and go to heaven? Not really. Only a select will be allowed to evolve from hell and they should already know where it is that there souls originally hail from, when it comes to the universe.
  For example, I have never taken an astronomy class nor could I even pin point the Big Dipper or Little Dipper in the night sky but I do know that I am from the Sirius Star System & could map out distant star systems in a sketch, even though I really never even looked through a tele-scope.
  The reason why I don't read any books on anything Illuminati and steer clear of history & supposedly ancient knowledge books that proclaim to detail hidden alien technology or ancient secrets is because I don't want a bunch of clutter polluting my knowledge.
  If a book has Foot Notes or cites an earlier book, it doesn't make the lies more true, it just means that someone is recycling and re-mixing information that someone has already written & more times than not those earlier texts are also lies. So, what we now have, with secret knowledge, are lies being laid upon older lies.
  90% of me starting HollywoodIlluminatiDotCom was due to my contact with my brothers from the Sirius Star System. I have been in their crafts, I have seen their writings (what looks like Hebrew) and for the most part, I am talking to beings that are human-oid with a milky white skin, brown eyes and pitch black head hair.
  Everything that I know, past, present & future has come from my brothers in the Sirius Star System. I write this for them; not for you.
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LUNCH WITH THE FT - KIM JONG-UN
  Link to Article
  Archived Version
  Source: aangirfan
  Fri, 05 Apr 2013 09:09
  Kim Jong Un and his wife Ri Sol Ju at the Haemaji RestaurantI meet the supreme leader of North Korea, Kim Jong-un, in a private room at the Toffy Ukai restaurant in Tokyo.
  Kim Jong-un is visiting Japan on a forged Brazilian passport.
  Kim Jong-un 'secretly visits Tokyo' - Telegraph
  Kim is wearing a Chicago Bulls T-shirt and Nike sneakers.
  Kim Jong Un is reported to have had posters of basketball star Michael Jordan on his wall during his schooldays.
  I complement Kim on his attire.
  "I got the this shirt from Madeleine Albright," explains Kim. "That was back in 2000."
  Kim at school in Berne in Switzerland.
  We order tosui-tofu, cubes of tofu in a creamy, savoury casserole of soya milk blended with chicken broth, topped with layers of yuba tofu skin.
  Kim asks the waiter for a bottle of Johnnie Walker whisky and some Yves Saint Laurent cigarettes.
  Reportedly, Kim is a diabetic and suffers from hypertension.
  Kim Jong Un. Soviet records show that Kim Jong Un's father, Kim Jong il was born in the village of Vyatskoye, near Khabarovsk, in 1941, where his father, Kim Il-sung, commanded the 1st Battalion of the Soviet 88th Brigade.
  As we begin our meal, I ask Kim about his childhood."When I was a little boy, my father, Kim Jong il, got me to watch Disney cartoons for hours every day." And what about Berne?
  "I spent some time in Switzerland," relates Kim."Our family often gets together in Switzerland at Lake Geneva and Interlaken."That's where we see lots of Monarch butterflies."
  Kim attended a Swiss boarding school in Berne in the mid 1990's."I was enrolled as the son of the chauffeur of the North Korean Embassy," explains Kim.
  Kim Jong Un (right) with his father. Disney is linked to CIA brainwashing. Kim Jong-un's Swiss school was the "Liebefeld Steinh¶lzli" in K¶niz near Bern.Kim Jong-un was described by classmates as shy, awkward with girls, not interested politics, but very interested in sport.
  "Sometimes a car from the North Korean Embassy would drive me to Paris to watch an NBA exhibition game," says Kim.
  Kim has been photographed with Kobe Bryant and Toni KukoÄ�.
  I ask Kim about his older brother."Kim Chong Chol, is a big fan of Eric Clapton," says Kim."He's been to four Clapton concerts, in Germany, and one in Singapore."
  Does Kim Jong Un like music?
  "I like to drink and party all night, just like my father.
  "I use a sauna beat hangovers."
  As the bottle of Johnnie Walker is emptied, Kim Jong Un becomes lucid on the subject of politics."My role, as a good socialist, is to promote the interests of the USA's military industrial complex," says Kim.
  "Certain Israelis and certain Americans supply our nuclear materials.
  "Our Gulags are run by...."
  Kim Jong Un in Berne.
  Berne is a major base for the CIA and its friends.
  In 1943, future CIA Director Allen Dulles moved to Bern in Switzerland.
  While I drink my coffee, Kim gets up and starts to dance.