What Adam Curry is reading

Tegenstrijdige berichten over conditie Mandela
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  Thu, 27 Jun 2013 14:13
  Door: Redactie, ANP '' 27/06/13, 14:44
  (C) reuters.
  Het lijkt weer iets beter te gaan met de voormalige Zuid-Afrikaanse president Nelson Mandela. Zijn situatie is nog steeds kritiek, maar wel stabiel. Dat heeft althans de huidige president van Zuid Afrika, Jacob Zuma, vandaag bekendgemaakt nadat hij een bezoek had gebracht aan Mandela. Maar een woordvoerder van Zuma zei eerder vandaag nog dat Mandela's kritieke toestand in de afgelopen 48 uur is verslechterd.
  (C) afp.
  De oudste dochter van Mandela zei vanmiddag tegen de publieke omroep van Zuid-Afrika dat haar vader nog steeds in 'zeer kritieke toestand' verkeert.
  Bidden'Ik heb mijn reis naar Mozambique vandaag afgezegd, zodat ik hem kon zien en in conclaaf kon gaan met zijn artsen', schrijft Zuma in een verklaring. 'Het gaat veel beter met hem dan gisteravond. Het medische team doet uitstekend werk. We moeten bidden voor zijn gezondheid, maar ook doorgaan met ons werk en onze dagelijkse activiteiten.'
  Gisteren meldden Zuid-Afrikaanse media dat 'Madiba' kunstmatig beademd wordt. De artsen zouden de familie hebben aangeboden dat die mag besluiten wanneer de apparaten afgezet worden die Mandela in leven houden. Mandela krijgt onder meer om de drie uur een nierdialyse omdat zijn nierfuncties zijn uitgevallen.
  De Zuid-Afrikaanse oud-president ligt in het ziekenhuis met een longinfectie. De gezondheidstoestand van het 94-jarige symbool van de strijd tegen apartheid wordt sinds afgelopen weekeinde kritiek genoemd.
  ObamaDe Amerikaanse president Barack Obama is deze week in Afrika om Senegal, Tanzania en Zuid-Afrika te bezoeken. Hij hoopt Mandela nog te kunnen bezoeken. Volgens Obama's persvoorlichters wordt met Mandela's familie overlegd of een bezoek tot de mogelijkheden behoort.
  De afgelopen dagen zijn veel mensen waarschijnlijk afscheid komen nemen, inclusief stamhoofden uit Mandela's geboortestreek, een voormalige arts en ex-ministers.
COUP IN QATAR?
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  Thu, 27 Jun 2013 14:11
  Hamad (left), who has kidney problems.Tamim (right)Qatar hosts the largest U.S. air base in the Middle East.Expatriates, including Americans and Philippinos, form 85 per cent of the population of Qatar.The Qatar Investment Authority owns Harrods, the US embassy site in London and Miramax Films.Qatar is one of the few Arab states to have ties with Israel.Qatar has provided a base for exiled Hamas leader Khaled Meshaal, and is home to a newly opened office of Afghanistan's Taliban.Taliban in Qatar, with US approval.
  On 25 June 2013, the ruler of Qatar, Sheikh Hamad bin Khalifa al-Thani, was apparently toppled.Sheikh Hamad overthrew his own father in a bloodless coup in 1995.
  "You are next". James Dobbins, US special envoy, meets Sheikh Hamad in Qatar on 23 June 2013. AFP photo.
  Sheikh Hamad has played a key role in supporting the rebels in Syria.
  Sheikh Hamad helped NATO to wreck Libya.Sheikh Hamad has helped to prop up President Morsi of Egypt.Qatar.Sheikh Hamad has been replaced by his son, Sheikh Tamim bin Hamad al-Thani.
  On 26 June 2013, Sheikh Tamim said that "As Arabs we reject splitting countries on a sectarian basis ... and because this split allows for foreign powers to interfere in the internal affairs of Arabs and influence them."Sheikh Tamim steered clear of any mention of Syria.
  He instead focused on the Palestinian issue, saying Qatar was committed to its struggle with Israel.
  23 June 2013, Kerry meets Hamad in Qatar. Sheikh Tamim attended the expensive English private schools Sherborne and Harrow.In 1998, he graduated from Sandhurst.
  In April 2012, it was reported that the military in Qatar had attempted to topple Sheikh Hamad.
Prince Jackson: Paris Was 'Hit the Hardest' by Michael's Death | omg! - Yahoo! omg!
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  Thu, 27 Jun 2013 14:08
  Prince Jackson is pictured in courtroom sketches. (Reuters)
  Michael Jackson was worried that he would die while preparing for the comeback tour that he didn't live long enough to take.
  The late pop singer's oldest son, 16-year-old Prince Jackson, testified on Wednesday in L.A. that his dad often confided in him, although he was only 12, at the time he died in 2009, according to CNN.
  "After he got off the phone, he would cry," Prince said on the first day of his testimony in his family's lawsuit accusing concert promoter AEG Live of wrongful death. "He would say 'They're going to kill me, they're going to kill me.'"
  Prince explained that his father was referring to AEG Live CEO Randy Phillips and his ex-manager, Dr. Tohme Tohme.
  He also testified that Phillips and Dr. Conrad Murray, Michael's former physician who was convicted of involuntary manslaughter in Michaels' death, had what appeared to be a tense confrontation the night before he died on June 25 of an overdose of the anesthetic propofol.
  [Related: Michael Jackson's Ghost Makes Surprise Cameo at Trial]
  (Reuters)
  Although Prince noted he couldn't hear what was being said, he could see Phillips grabbing Murray's elbow.
  "It looked aggressive to me," Prince said under oath. "He was grabbing by the back of his elbow and they were really close and he was making hand motions."
  The teen said under cross-examination from AEG Live's lead lawyer Marvin Putnam that the incident may have taken place a night earlier than he first stated, but reaffirmed what took place.
  The Associated Press reports Prince testified that, at times, Michael gave him and his 15-year-old sister Paris stacks of $100 bills to give to Murray, which Prince understood to be payment that AEG Live had not yet given the doctor. Murray wouldn't accept the funds from Michael, Prince said.
  Again, speaking about his father's final hours, Prince revealed that his last words to his dad were exchanged over the phone: Prince called Michael, who was at his final rehearsal for the tour, from the security guard shack outside to notify him that Phillips was at their home, and Michael instructed him to offer Phillips refreshments.
  Although Prince revealed Michael always received his treatments from Dr. Murray behind his closed bedroom door, he did see Murray perform CPR on Michael while he was hanging off his bed while his eyes appeared to roll back into his head on the day he died.
  [Related: Paris Jackson Timeline: From Disguised Kid to Twitter Star to Near Suicide Tragedy]
  (Reuters)
  Prince also spoke about his younger siblings, Paris and 11-year-old Blanket, and their life with the "Beat It" singer. He showed photos and video of the family together and insisted that the children didn't comprehend their father's fame until they watched a video of one of his concerts and saw fans taken away on stretchers after they got too excited.
  "We always listened to his music, but we never knew how famous he was," Prince said.
  Four years after Michael's death, Prince said Jackson's children '-- especially Paris '-- are still suffering. Michael's daughter was hospitalized for a suicide attempt earlier this month, and is currently receiving psychiatric treatment at UCLA Medical Center, although she had been expected to be called to testify in the trial as well.
  "I think out of all of my siblings she was probably hit the hardest because she was my dad's princess," he said, adding that Paris struggled to cope when she was questioned by AEG Live lawyers in March in preparation for the trial.
  Prince explained that he also has been affected.
  "I can't sleep at night," Prince confessed. "I have a hard time sleeping."
  And because of Michael's death, Prince noted that he was "emotionally distant from a lot of people" for some time, and he missed sharing milestones with his father, such as "the first day of going to school, having the first girlfriend, being able to drive."
  Of the three Jackson kids, only Blanket still celebrates his birthday, Prince explained, adding, "Right now, I don't know if Blanket realizes what he lost. He was so young. He is still growing up just like I am and he doesn't have a father to guide him."
  Sad.
  More Celebrity Features on Yahoo!:
OPINION-Supreme Court strikes down key section of Defense of Marriage Act | Human Events
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  Thu, 27 Jun 2013 14:01
  In a 5-4 ruling, the Supreme Court has held section 3 of the Defense of Marriage Act to be unconstitutional, ruling on equal-protection grounds. The section in question denied federal benefits to same-sex coupled married in states that permit such marriages '' a possibility that was essentially hypothetical at the time DOMA was signed into law by President Bill Clinton, but there are now a dozen states with gay marriage laws, plus the District of Columbia'... and presumably now California, whose Proposition 8 banning gay marriage was passed by the people, but effectively nullified by state courts and the government. The Supreme Court decided not to hear a case that would have enforced Prop. 8 in California, ruling that the plaintiffs did not have proper standing.
  Some who supported the goals of DOMA were nevertheless troubled by the points Justice Anthony Kennedy raised in his majority opinion:
  The class to which DOMA directs its restrictions and restraints are those persons who are joined in same-sex marriages made lawful by the State. DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty. It imposes a disability on the class by refusing to acknowledge a status the State finds to be dignified and proper. DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others.
  The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.
  There have long been concerns that DOMA would be struck down on these grounds. Marriage is a very portable institution. A couple married in one state may easily move to another, while federal law makes distinctions for married couples in numerous ways. Writing at the Ace of Spades blog, Gabriel Malor compiled a quick list of consequences from the demise of DOMA Section 3: ''Gay spouses may now file joint taxes, may donate jointly, may petition for legal residence for non-citizen spouses, may now obtain changes to their passports (married name corrections) the same as straight spouses. Military gay spouses are now entitled to the same survivor, housing, PX, and travel benefits as straight spouses.''
  That's why supporters of DOMA thought it was necessary: because a few states could legalize gay marriage, and then spread their decision to other, resisting states through the power of the federal government. It's also the reason opponents thought DOMA was vulnerable on Constitutional grounds. Combined with the Court's refusal to hear the Proposition 8 case from California, it's a big strategic victory for same-sex marriage, which is an aggressive change to the existing social order. There is no comparable way for defenders of that order to spread their influence in such a viral fashion; a state that outlaws same-sex marriage cannot transmit its preference through the federal network.
  The dissenting justices were Antonin Scalia, Clarence Thomas, Samuel Alito, and Chief Justice John Roberts. Justice Scalia thought the Supreme Court should not have decided the case, writing that the Supreme Court should have no power to invalidate the ''democratically adopted'' Defense of Marriage Act. Doing so was a ''jaw-dropping'' assertion of ''judicial supremacy over the people's representatives in Congress and the Executive.'' His dissent was absolutely blistering:
  The Court is eager'--hungry'--to tell everyone its view of the legal question at the heart of this case. Standing in the way is an obstacle, a technicality of little interest to anyone but the people of We the People, who created it as a barrier against judges' intrusion into their lives. They gave judges, in Article III, only the ''judicial Power,'' a power to decide not abstract questions but real, concrete ''Cases'' and ''Controversies.'' Yet the plaintiff and the Government agree entirely on what should happen in this lawsuit. They agree that the court below got it right; and they agreed in the court below that the court below that one got it right as well. What, then, are we doing here?
  Justice Scalia is here referring to the case that reached the Supreme Court, in which the widow in a New York same-sex marriage, Edith Windsor, was sent an enormous estate-tax bill by the IRS. Windsor argued that she would not have been required to pay this bill if the Defense of Marriage Act didn't prevent her from being recognized as a spouse under federal law. The Obama Administration did not stand up to defend the law under challenge, so in essence the government and the plaintiff came before the Supreme Court to receive its official blessing on something they already agreed upon. Scalia saw this as an appalling use of Supreme Court power to overturn a law duly passed by Congress and signed by a previous President. He also doesn't think the Supreme Court should be in the business of re-defining marriage, and he doesn't like the way the majority built unflattering opinions about the supporters of traditional marriage into its ruling. He expounds on this at great length in his dissenting opinion, which can be read in full here.
  Maggie Gallagher, who writes frequently on marriage and is a fellow at the American Principles Project, wondered how far this new standard for overturning democracy will be taken:
  Justice Kennedy has invented a new standard of ''heightened scrutiny'' for laws which are new or unusual'--that is to say most new laws: ''DOMA's unusual deviation from the usual tradition of recognizing and accepting state definitions of marriage here operates to deprive same-sex couples of the benefits and responsibilities that come with the federal recognition of their marriages.'' Kennedy unfairly and illegitimately makes ''custom'' and ''tradition'' a sufficient reason to overturn the democratic branch of government'--a standard which has never been applied when Congress passes new laws that affirm new leftist values.
  Kennedy's decision is not law, it is Justice Kennedy's moral values written into our Constitution, and interfering with our rights as Americans to pass laws that accord with our values on marriage. Kennedy's decision is the Roe v. Wade of this generation, not this generation's Brown v. the Board of Education. Like Roe, Kennedy stepped in to disenfranchise millions of voters' concerns to tilt unfairly the scale of justice controversial moral issue trending in a liberal direction. But like Roe the deep questions involved in marriage will not simply go away: At the heart of the gay marriage argument is an untruth: unions of two men or women are not the same as unions of husband and wife. The law cannot make it so, it can only require us to paint pretty pictures to cover up deep truths embedded in human nature.
  Today's decisions didn't impose same-sex marriage from coast to coast, but as the celebrating proponents of SSM would be happy to tell you, they've greatly diminished the options available to dissenters through representative democracy and federalism. The Defense of Marriage Act didn't outlaw same-sex marriage; it prevented the federal government from recognizing it, in ways that would inevitably affect people in states that did not authorize it.
  So'... where do you go to vote against gay marriage now? Proponents of same-sex marriage may be pleased that the answer is, increasingly, ''you can't.'' Perhaps they should be a bit more worried about what else the American people will be told they're not allowed to vote against. Lots of other groups believe they have causes nobody can disagree with in good faith.
VIDEO-Ask the President - question from Johan - YouTube
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  Thu, 27 Jun 2013 13:38
Respect for Marriage Act - Wikipedia, the free encyclopedia
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  Thu, 27 Jun 2013 12:59
  111th CongressThe 2009 bill was introduced by U.S. Representative Jerrold Nadler of New York on September 15, 2009, and garnered 120 cosponsors.[8]
  112th CongressThe 2011 bill was introduced by U.S. Representative Jerrold Nadler of New York on March 16, 2011, and a U.S. Senate version was introduced by Dianne Feinstein of California on the same day. President Obama announced his support for the bill on July 19, 2011.[9]
  HouseIn September 2011, Ileana Ros-Lehtinen of Florida became the 125th cosponsor of the bill in the U.S. House of Representatives and the first Republican member of the U.S. Congress to announce support for the bill.[10] In December 2012, Richard Hanna and Charles Bass have become the next Republicans to cosponsor the bill.[11][12]
  SenateOn July 20, 2011, Sen. Patrick Leahy of Vermont chaired the first-ever congressional hearing on a proposal to repeal the Defense of Marriage Act (DOMA).[13][14] On October 25, 2011, Sen. Leahy announced that the Senate Judiciary Committee would begin debate on November 3, 2011, with a committee vote likely to happen the following week.[15] On November 3, 2011, the bill was debated in the Senate Judiciary Committee, where its passage was a foregone conclusion due to sufficient votes to pass being found in the 10 Democratic members of the committee, who are cosponsors of the bill; however, Republicans on the Committee requested the vote be delayed one week.[16] During the debate Sen. Feinstein noted that DOMA denies same-sex couples more than 1,100 federal rights and benefits that are provided to all other members of that class, legally married couples, including rights to Social Security spousal benefits, protection from estate taxes when a spouse passes away, and the ability to file taxes jointly and claim certain deductions.[17] The Senate Judiciary Committee voted 10-8 in favor of advancing the bill to the Senate floor.[18]
  113th CongressThe bill's sponsors will not re-introduce the Respect for Marriage Act in 2013 until after the United States Supreme Court rules on the United States v. Windsor case.[19] On June 26, 2013, the Supreme Court struck down Section 3 of the Defense of Marriage Act.
Record Joblessness Prompts EU Repeat of Action Pledge - Bloomberg
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  Thu, 27 Jun 2013 12:51
  By James G. NeugerJune 27, 2013 6:29 AM EDTJobseekers enter an employment office after the opening in Madrid, Spain. Photographer: Angel Navarrete/Bloomberg
  A year ago, European leaders pledged ''immediate action'' on growth and jobs. Since then, the euro-area economy has shrunk nonstop and unemployment has risen to a record 12.2 percent from 11.4 percent.
  The solution, according to a draft statement prepared for a European Union summit starting today at 4:30 p.m. in Brussels: ''determined and immediate action'' on growth and jobs.
  Neither forecasters nor the euro zone's 19 million unemployed expect the renewed vow to turn around an economy weighed down by the debt crisis and now endangered by rising interest rates in the U.S. and China, the world's pacesetters.
  ''Just shifting the rhetoric to a focus on growth is not going to give us growth,'' said Paul Hofheinz, president of the Lisbon Council, a Brussels research group. ''The working assumption is that we're going to have a traditional 1930s-style infrastructure-based stimulus, and that's going to give us growth. It's just not working.''
  Two potential complications were taken off the table for the summit early today with accords by lower-level officials on bank-loss rules and on the bloc's 2014-2020 budget. The seven-year subsidies package will fall to 960 billion euros ($1.3 trillion) from 994 billion euros in the current budget cycle, the first cut in EU history.
  Business LoansOn the growth-and-jobs front, the main undelivered promise from last June's summit involved using the European Investment Bank, the EU's project-finance arm, to channel loans to smaller businesses that were starved of credit, especially in southern Europe.
  While governments did their part by supplying 10 billion euros of fresh capital, the EIB is only just getting started with its souped-up lending program, snagged by its own rules that permit loans only to high-quality borrowers. How to loosen or get around those standards is up for discussion at today's summit.
  European emphasis on freeing up labor markets and cutting health-care and pension costs reflects Germany's experience with a structural overhaul that made businesses more competitive and relaunched an economy struggling with the burdens of unification in 1990.
  Started in 2003, the German initiative trimmed unemployment and social benefits and made it easier to fire workers. The effort took years to bear fruit, coming too late for the project's author, Gerhard Schroeder, who in 2005 ceded the office of chancellor to Angela Merkel.
  Merkel's CallMerkel used a pre-summit speech to the lower house of parliament in Berlin today to call for European countries to go further down the road of structural reform, praising ''the first, important signals'' for job growth coming from measures taken such as Spanish changes to the labor market.
  Jobs rely on economic growth which in turn is dependent upon solid finances, and reducing debt while spurring the economy is no contradiction, she said. ''We can do both,'' Merkel told lawmakers. Decisions taken now will shape ''Europe's future role in the world,'' she said.
  Economic desperation has forced southern European countries to do a German-style remake in a hurry. Greek Prime Minister Antonis Samaras got a taste of the resulting frictions last week when the Democratic Left party quit his three-party coalition to protest his order to shut public broadcaster ERT, axing 2,600 jobs.
  Greek ProgressSoon-to-be-fired TV personalities and technicians occupied the broadcaster's headquarters, in the sort of publicity stunt that masked economic progress. Greece, at the origins of the debt crisis, topped the Organization for Economic Cooperation and Development's international reform rankings for 2011-12, followed by Ireland, the second bailed-out country during the crisis. Portugal, Spain and Italy also figure in the top 10.
  Not everyone buys that assessment. One critic is Jean-Claude Trichet, who spent eight years as European Central Bank president sparring with governments over deficits. Political leaders have done too little to unleash the forces of growth, squandering the benefits of low interest rates and ''unconventional'' monetary stimulus, the ex-ECB chief said.
  ''I would put the blame on the governance of the euro area,'' Trichet said at an Institute of International Finance panel discussion on June 25 in Paris. ''There is a great disappointment because we know what we have to do, we have a consensus on the avenues we should go, and we do not deliver.''
  Slow RecognitionEuropean rules on the mutual recognition of professional qualifications show how even ideas that don't require money can be controversial. At last June's summit, the leaders pledged ''as soon as possible'' to strengthen a 2005 EU law that, for example, enables doctors or architects trained in one country to work in another.
  No ''radical change'' was intended, the European Commission said when proposing the amended law in 2011. The main innovation was a European professional card, offering portable proof of the holder's qualifications. Still, the wrangling dragged on. A provisional deal wasn't struck until this month. The rules won't take effect until after a European Parliament vote in October.
  Political leaders are acting faster -- or are being seen to act faster -- on the jobs crisis in southern Europe, where unemployment in the under-25 age bracket is 56.4 percent in Spain, 42.5 percent in Portugal, 40.5 percent in Italy and 62.5 percent in Greece.
  'Immediate Priority'In February, the EU agreed to retarget 6 billion euros from its 2014-2020 budget for programs to fight youth unemployment. At the summit, the leaders will pledge to pay out that sum in the first two years of the period, according to a draft communique that calls youth joblessness ''a particular and immediate priority.''
  Merkel, saying that the scourge of youth unemployment is a cause of the ''utmost concern,'' called today for the money to be made available ''as soon as possible.'' A jobs summit she plans to host in Berlin on July 3 with attendees including French President Francois Hollande will study how best to allocate the money, she said.
  Singling out youth unemployment is misplaced, partly because the statistics overstate the problem, said Daniel Gros, director of the Centre for European Policy Studies in Brussels. He said teenagers and college-aged people can continue their education, increasing their future earnings power -- an option not available to older workers.
  ''You are really attacking the wrong problem if you focus specifically on youth unemployment,'' Gros said. ''To the extent you make special funding available to mitigate youth unemployment, you have to take that money away from somewhere else.''
  To contact the reporter on this story: James G. Neuger in Brussels at jneuger@bloomberg.net
  To contact the editor responsible for this story: James Hertling at jhertling@bloomberg.net
Booz Allen Hamilton: What You Don't Know About Snowden's Former Employer | Peace . Gold . Liberty
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  Thu, 27 Jun 2013 06:07
  Let's take another trip down the rabbit hole, shall we?
  Lost in the Edward Snowden debate is a critical look at his former employer, the company doing the spying on Americans in the first place: Booz Allen Hamilton.
  Booz Allen Hamilton is a government contractor, with 99% of its revenue coming from the US government. Not only does it receive money from the NSA, but also the US Army, US Navy, US Air Force, US Marine Corps, Department of Defense, Department of Homeland Security, the FBI and ... the IRS. In addition, Booz Allen is heavily connected to the CIA.
  Among the individuals involved in running the company, we have:
  James Clapper - current Director of National Intelligence (DNI), head of NSA, the man who lied to Congress about the fact that NSA is actively spying on Americans, is a former executive
  Mike McConnell - a current executive of the company, had Clapper's job (DNI) during George W. Bush's administration (keep it in the family, eh?) -- he worked for Booz Allen before Bush, then worked for Bush, then back to Booz Allen after Bush
  James Woolsey - former CIA Director, current executive (see Jan Helfeld's interview of Mr. Woolsey where it becomes clear that Woolsey has no interest in discussing principles, only war)
  Melissa Hathaway - former executive, also worked for McConnell during the Bush administration
  Ian Brzezinski - former executive, son of Zbigniew Brzezinski, co-founder of the Trilateral Commission with David Rockefeller, central figure in the NWO crowd, and mastermind of Operation Cyclone
  Dov Zakheim - this character is ... unbelievable:
  1993 - His company, System Planning Corporation, had a subsidiary called Tridata Corporation, which was the company that "oversaw" the investigation of the 1993 WTC bombing
  2000 - Part of the neocon Project for a New American Century, he is co-author of "Rebuilding America's Defenses," in which he is credited with the infamous line, "... some catastrophic and catalyzing event '' like a new Pearl Harbor."
  2001 - He is appointed Comptroller of the Pentagon, in which $2.3 trillion promptly goes "missing"
  2001 - Attack on 9/11 occurs; some people are suspicious of his connections, since his company, SPC, in involved in flight systems capable of remote controlling aircraft, and because he was the guy who leased 32 Boeing 767 aircraft to McDill Air Force Base (2 of the 9/11 aircraft were 767's), and McDill is close to Elgin AFB, which was the location that was to be used if Operation Northwoods had gone live
  2004 - Goes to work for Booz Allen Hamilton.
  2012 - Advisor on Middle East policy for Mitt Romney campaign (gee ... ya think Romney would have gone to war in the Middle East???)
  Booz Allen Hamilton is owned by the Carlyle Group.
  One of the big investors in the Carlyle Group was the Bin Laden family in Saudi Arabia. Yeah ... THAT Bin Laden family. And instrumental in being the "go between" for Carlyle/Bin Laden was a guy by the name of George H. W. Bush. Maybe you've heard of him?
  The CEO of the Carlyle Group (remember, they OWN Booz Allen Hamilton) is Frank Carlucci. Mr. Carlucci has quite a resume:
  Nixon Administration - Director of the Office for Economic Opportunity (the "War on Poverty" -- and a great place to decide who gets government contracts)
  Carter Administration - Deputy Director of the CIA
  Reagan Administration - National Security Advisor and Secretary of Defense (Donald Rumsfeld is Carlucci's protoge)
  He is or has been with the Project for a New American Century and a member of the Board of Trustees for the RAND Corporation, a CIA front that develops policies that the Military Industrial Complex then carries out.
  You want a NWO guy? Carlucci is your man. And CEO of Carlyle Group, owner of Booz Allen Hamilton, spying on YOU.
  At RAND, his specialty was Middle East policy. What do you know? That was also the specialty of Graham Fuller, CIA guy who was the father-in-law of Ruslan Tsarni, uncle of Tamarlan Tsarnev, suspected Boston bomber.
  Speaking of the Boston bombing and Tamarlan Tsarnev, he had a couple of trips to Russia that made the news. But what did not make the news (in America, but it did in Russia) is that he went there for "training" that was funded by the Jamestown Foundation. And what do you know? The Jamestown Foundation (CIA front) has among its past board members none other than Dick Cheney and Marcia Carlucci, wife of Frank Carlucci.
  See my post here about the CIA connections to the Boston bombing:
  http://www.dailypaul.com/290098/boston-bombing-was-a-cia-fal...
  Given all their connections and government contracts, here's an interesting question: Booz Allen Hamilton has not only been involved in spying via the NSA, but they have also received no-bid contracts from the IRS. What do they know about the American people via the IRS?
  Now, one of the things you will start to see if you look around at some of the big corporations these days is that many of them are involved in what they call "corporate citizenship" or something similar. What this means at the surface level is they are being "good citizens" by donating to charity. But when you go beyond the surface, you will see something else going on.
  Booz Allen Hamilton donates money to the Clinton Global Initiative. The CGI is a part of the Clinton Foundation (yeah, THAT Clinton).
  The Clinton Foundation has been implicated in bribery on an international level. Clinton gave himself a special little privilege while president wherein he exempted the William Jefferson Clinton Foundation from the normal rules of disclosure regarding publicly listing who its contributors were. It's a secret foundation. And it has over $200 million in assets now. And is alleged to be used as a way to funnel black money from corrupt governments around the world for behind-the-scenes deals like special oil contracts, arms dealing, US government foreign aid deals, whatever.
  So folks, what you are not being told in the media about Edward Snowden's former company is that it is not only spying on you, but it is probably checking out your tax returns, too, and also receiving some of your tax money in government contracts, which it then funnels to CIA-connected/Military Industrial Complex-connected/NWO-connected individuals and organizations.
  Something like this: Your tax money (taken from you by force) -> IRS -> Booz Allen Hamilton -> Clinton Foundation -> foreign bribes -> more contracts for the Military Industrial Complex -> more spending by foreign governments -> more foreign aid from the US government -> more US government spending -> more taxes needed -> more taxes from YOU.
  Oh ... and they are spying on you, too.
  But Edward Snowden ... yeah HE is the bad guy here. Uh huh ... move along ... nothing to see here.
  - - - - -
  https://en.wikipedia.org/wiki/Booz_Allen_Hamilton
  http://www.boozallen.com/
  http://www.pehub.com/2010/06/21/booz-allen-ipo-lots-of-reven...
  http://www.freerepublic.com/focus/news/3029352/posts
  https://en.wikipedia.org/wiki/Ian_Brzezinski
  http://www.muckety.com/Booz-Allen-Hamilton/5000259.muckety
  http://www.thetruthseeker.co.uk/?p=2875
  http://www.whale.to/b/zakheim_h.html
  http://alexansary.tv/2012/11/romneys-top-adviser-dov-zakheim...
  https://en.wikipedia.org/wiki/Carlyle_Group
  http://www.wanttoknow.info/010927wallstreetjournal
  https://en.wikipedia.org/wiki/Frank_Carlucci
  http://www.rightweb.irc-online.org/profile/Jamestown_Foundation
  http://www.law360.com/articles/446161/irs-wrongly-refused-to...
  http://www.boozallen.com/insights/ideas/clinton-global-initi...
  http://www.clintonglobalinitiative.org/aboutus/
  http://www.clintonfoundation.org/
  http://www.theleftcoaster.com/archives/011559.php
  http://planet.infowars.com/uncategorized/israel-pays-500000-...
  http://www.nakedcapitalism.com/2012/05/its-not-about-reelect...
What we know about the NSA's secret data data warehouse in Utah | Fox News
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  BLUFFDALE, Utah '' The nation's new billion-dollar epicenter for fighting global cyberthreats sits just south of Salt Lake City, tucked away on a National Guard base at the foot of snow-capped mountains. The long, squat buildings span 1.5 million square feet, and are filled with super-powered computers designed to store massive amounts of information gathered secretly from phone calls and emails.
  Two small, weathered signs in the sagebrush greet interlopers to this place with a stark warning: "Military reservation. No trespassing." But there is no visible marker bearing the facility's name and operator: The Utah Data Center, brought to you courtesy of the National Security Agency.
  The center, by the numbersWhen it opens this fall, the facility will be the NSA's largest data storage center in the U.S.
  Size: The 1.5 million square foot facility
  Cost: The mammoth center cost some $1.7 billion to build.
  Data Storage: The facility could hold as much as a yottabyte of information, equal to 500 quintillion pages of text.
  Computers: As many as 1.25 million 4-terabyte hard drives, built into some 5,000 servers may fill the facility, an expert told FoxNews.com.
  Power Use: The center will constantly use 65 megawatts of power -- enough to power 33,000 houses.
  Staffing: Most of the 150 to 200 workers will be technicians to keep the power on and the PCs running.
  When it opens this fall, the facility will be the NSA's largest data storage center in the U.S. Just don't ask Utah officials, and certainly not the residents of tiny Bluffdale, just north of the new center, to tell you exactly what will go on inside. They either don't know, or aren't saying. And the NSA is famously tight-lipped.
  "We know it's a spy center. But who are they spying on?" said Connie Robbins, an upholstery shop owner who lives in Bluffdale, a community of 8,000 some 25 miles south of Salt Lake City that is known for its rodeo and annual Old West Days.
  The dearth of information has perpetuated a mystery that has spawned dozens of theories and a spoof website that even includes a phony code name for the facility: "Bumblehive," a play on Utah's nickname of the "Beehive State."
  Last week's revelation that the NSA is collecting millions of U.S. phone records along with digital communications stored by nine major Internet providers illustrates how aggressively personal information is being congregated and analyzed -- and shines a brighter light on what will be going on in secret at the Utah facility, scheduled to open in October.
  NSA officials say the center will play a key role in the nation's effort to protect national security networks, and allow U.S. authorities to monitor for potential cyberthreats. In an email, agency spokeswoman Vanee Vines said that "many unfounded allegations have been made about the planned activities" of the center.
  "NSA would like to confirm, on the record, that the Utah Data Center is a state-of-the-art data facility designed to support the U.S. intelligence community's efforts to further strengthen and protect the nation. Its operations will be lawfully conducted in accordance with U.S. laws and policies," Vines wrote.
  She provided no additional details, however.
  'It's just a big file cabinet out in the Western area.'
  - Richard "Dickie" George, who retired from the NSA in 2011 after 40 years
  Richard "Dickie" George, who retired from the NSA in 2011 after 40 years, said the facility isn't nearly as interesting or mysterious as some think. He calls it little more than a giant storeroom. Inundated with increasing volumes of secretly taped phone calls, intercepted emails and poached records of online purchases, the NSA needed a mega-warehouse to put it all, he said.
  "It's just a big file cabinet out in the Western area," said George, once a senior technical leader at the agency. "There is no spying going on there."
  NSA agents elsewhere will comb through the data stored in Utah as the agency attempts to understand how terrorist groups operate and who plays what roles, George said. Emails, articles, websites and videos on the Internet may hold clues about such activities, he said.
  James Bamford, the author of several books on the NSA who last year wrote about the Utah center in Wired magazine, asserts that the facility will serve as the central depository for everything the NSA intercepts, functioning as the agency's "cloud." Analysts at NSA headquarters at Fort Meade, Md., and other agency sites will be able to access the information by way of secure, fiber-optic cables, he said.
  The mammoth center, which cost some $1.7 billion, will allow the agency to store more and, perhaps more importantly, keep information for much longer. Bamford theorizes the facility will be able to hold a so-called yottabyte of information, the largest measurement computer scientists have. A yottabyte is equal to 500 quintillion pages of text, said Bamford, who believes the Utah center will store those phone records NSA gathered from Verizon Communications.
  "Every day you pick up a telephone and call your grandmother or call your sons and daughters and mothers and fathers and whoever, records of those calls will be all kept in there -- and may be kept in there forever. Who knows?" Bamford said.
  In response, NSA spokeswoman Vines stressed that the agency is not "unlawfully listening in on, or reading emails of, U.S. citizens."
  NSA officials have said the agency chose the Bluffdale location over 37 others because electricity is cheaper here, and land more easily available. The center will constantly use 65 megawatts of power -- enough to power 33,000 houses.
  The secrecy and security surrounding the facility are necessary because the center will store classified information, and the code-breaking and spying activities of its staff are also highly classified and a target for foreign spies, said a former U.S. intelligence official who spoke on condition of anonymity because the official was not authorized to discuss the program publicly.
  The official said the Salt Lake City area is ideal because of a high concentration of Mormons who have served overseas missions and learned foreign languages. The NSA relies on non-English speakers to translate communications from around the world, and Utah provides a pool of employees that meets this need, said the official.
  There is another facility in Utah where the NSA has analysts who translate intercepted communications, but there will be no such analysts at the Bluffdale center, the agency said. Most of the 150 to 200 workers instead will be technicians charged with keeping the power on and the computers chilled and working.
  George said the agency probably doesn't need to be as hyper-secretive as it is but said such precautions are meant to avoid letting slip any insight that could tip off terrorist organizations and those who may wish harm upon the United States.
  "It's just not in your best interest to be talking about what you are doing," he said.
  It's that air of uncertainty that has unnerved residents who live and work near the facility, located on the Camp Williams National Guard base. Some worry the center could become a target of terrorists if it holds so much valuable information.
  "Say they were collecting data somebody didn't want, say a terrorist," said Shannon Neilson, a convenience store manager whose house is just miles from the center. "What if that's a target for a plane hitting that, destroying everything?"
  Late last month, a ribbon-cutting ceremony was held at the center to mark work being finished on the exterior. The celebration, however, was closed to the public -- an exclusive, invitation-only gathering that barred even the mayor of Bluffdale. The NSA also rejected a request by city officials to take a group of visiting Utah mayors on a bus tour of the outside of the facility. The agency said all tours -- even of the exterior -- are prohibited.
  At the University of Utah in Salt Lake City, educators are creating a certificate program that they hope will produce students ready to work at big data centers such as the Bluffdale facility. The NSA helped reviewed the curriculum, offering suggestions, and plans to offer internships to students, said Valerio Pascucci, director of the Center for Extreme Data, Management, Analysis and Visualization.
  The program is designed primarily for undergraduate students studying mechanical or electrical engineering and computer science. So far, the Utah Data Center has yet to post jobs, Valerio said. "We are building a new expertise that obviously is going to be in growing demand in the future," he said.
  Bluffdale City Manager Mark Reid said he hopes the NSA center serves as a magnet for other, privately run data centers to the area. Unlike the NSA facility, those would be required to pay property taxes. Reid will travel to a data center conference in Washington, D.C., this month to promote Utah's cheap power and ideal workforce. But if attendees ask about the new NSA facility, he'll be short on answers.
  "I know very little," Reid said. "We just deliver the water."
Supreme Court Bombshell: No Right to Remain Silent
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  The Supreme Court handed down a decision on June 17 that has been ignored by most media outlets, despite its devastating effect on one of the most fundamental rights protected by the Constitution.
  In a 5-4 ruling, the justices ruled that a person no longer has the right to remain silent as guaranteed by the Fifth Amendment. In relevant part, the Fifth Amendment mandates that no one ''shall be compelled in any criminal case to be a witness against himself.''
  Thanks to the Supreme Court's decision in Salinas v. Texas, that part of the Bill of Rights has been excised '-- and has joined the list of so many other fundamental liberties that now lie on the scrap heap of history.
  Here's a little background of the circumstances of the Salinas case, as told by Slate:
  Two brothers were shot at home in Houston. There were no witnesses '-- only shotgun shell casings left at the scene. Genovevo Salinas had been at a party at that house the night before the shooting, and police invited him down to the station, where they talked for an hour. They did not arrest him or read him his Miranda warnings. Salinas agreed to give the police his shotgun for testing. Then the cops asked whether the gun would match the shells from the scene of the murder. According to the police, Salinas stopped talking, shuffled his feet, bit his lip, and started to tighten up.
  At trial, Salinas did not testify, but prosecutors described his reportedly uncomfortable reaction to the question about his shotgun. Salinas argued this violated his Fifth Amendment rights: He had remained silent, and the Supreme Court had previously made clear that prosecutors can't bring up a defendant's refusal to answer the state's questions. This time around, however, Justice Samuel Alito blithely responded that Salinas was ''free to leave'' and did not assert his right to remain silent. He was silent. But somehow, without a lawyer, and without being told his rights, he should have affirmatively ''invoked'' his right to not answer questions. Two other justices signed on to Alito's opinion. Justice Clarence Thomas and Justice Antonin Scalia joined the judgment, but for a different reason; they think Salinas had no rights at all to invoke before his arrest (they also object to Miranda itself). The upshot is another terrible Roberts Court ruling on confessions. In 2010 the court held that a suspect did not sufficiently invoke the right to remain silent when he stubbornly refused to talk, after receiving his Miranda warnings, during two hours of questioning.
  Consider the ripple effect of the Salinas decision. Specifically, imagine how this ruling will alter the entire landscape of rights '-- including Miranda '-- and how they are applied (or not applied) to those accused of serious crimes. Here's one potential application singled out by the Atlantic:
  You know what's a much more recent wrinkle to the potential precedent effect of today's ruling? A case like that of the younger Boston Marathon suspect, Dzhokhar Tsarnaev, who reportedly sat through 16 hours of questioning before he was read his Miranda rights. Had Tsarnaev, who was recovering from serious injuries at the time, remained silent during questioning without explicitly invoking his Fifth Amendment, prosecutors could, under the Salinas ruling, now use that silence to their advantage.
  Guilty or not, suspects in the United States no longer have the right to remain silent. If they remain silent, moreover, that silence will now be interpreted as guilt and will indeed '-- despite what you see on television court and cop dramas '-- be used against that person in a court of law. Even, in fact, the highest court in the land.
  Another terrifying twist to the Salinas decision is that it imposes on a suspect the necessity of invoking specific language before law enforcement will honor the basic civil liberties of a person who is (or historically, was) innocent until proven guilty.
  Justice Breyer recognized how this novel necessity places a nearly insuperable barrier to invoking one's right to remain silent. Writing for the dissent, Justice Breyer asked, ''How can an individual who is not a lawyer know that these particular words [''I expressly invoke the privilege against self incrimination''] are legally magic?''
  Breyer goes on to propose a ''far better'' way to protect a person's right to not incriminate himself.
  Can one fairly infer from an individual's silence and surrounding circumstances an exercise of the Fifth Amendment's privilege? The need for simplicity, the constitutional importance of applying the Fifth Amendment to those who seek its protections, and this Court's case law all suggest that this is the right question to ask here. And the answer to that question in the circumstances of today's case is clearly: yes.
  In the black-is-white-up-is-down world that we live in, it is no longer surprising to see constitutionally protected liberties being championed by the ''liberal'' bloc of justices, while the so-called ''conservatives'' chisel away at the bedrock of freedom.
  Our Founding Fathers understood how vital the right against self-incrimination was to the pursuit of justice. Consider the following defense of that right offered by imminent Founding Era jurist Joseph Story:
  This also is but an affirmance of a common law privilege. But it is of inestimable value. It is well known, that in some countries, not only are criminals compelled to give evidence against themselves, but are subjected to the rack or torture in order to procure a confession of guilt. And what is worse, it has been (as if in mockery or scorn) attempted to excuse, or justify it, upon the score of mercy and humanity to the accused. It has been contrived, (it is pretended,) that innocence should manifest itself by a stout resistance, or guilt by a plain confession; as if a man's innocence were to be tried by the hardness of his constitution, and his guilt by the sensibility of his nerves. Cicero, many ages ago, though he lived in a state, wherein it was usual to put slaves to the torture, in order to furnish evidence, has denounced the absurdity and wickedness of the measure in terms of glowing eloquence, as striking, as they are brief. They are conceived in the spirit of Tacitus, and breathe all his pregnant and indignant sarcasm. Ulpian, also, at a still later period in Roman jurisprudence, stamped the practice with severe reproof.
  In one day the Supreme Court of the United States now dispenses with a right defended by Cicero over 2,000 years ago.
  Finally, read the warning issued by Abraham Holmes during the Massachusetts ratifying convention in January 1788:
  There is nothing to prevent Congress from passing laws which shall compel a man, who is accused or suspected of a crime, to furnish evidence against himself, and even from establishing laws which shall order the court to take the charge exhibited against a man for truth, unless he can furnish evidence of his innocence.
  I do not pretend to say Congress will do this; but, sir, I undertake to say that Congress (according to the powers proposed to be given them by the Constitution) may do it; and if they do not, it will be owing entirely '-- I repeat it, it will be owing entirely '-- to the goodness of the men, and not in the least degree owing to the goodness of the Constitution.
  In the Salinas case, it was as Holmes wisely predicted: The goodness of the Constitution was not enough to protect one of our most fundamental and cherished liberties from the assault by an almost all-powerful federal government.
  Joe A. Wolverton, II, J.D. is a correspondent for The New American and travels frequently nationwide speaking on topics of nullification, the NDAA, and the surveillance state. He can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. .
VIDEO-Pandora's Promise: Talks at Google - YouTube
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VIDEO-U.K. Intelligence and NSA Data Collection Program - C-SPAN Video Library
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  British Foreign Secretary William Hague told members in the House of Commons that recent allegations the government's communications headquarters tried to circumvent the law to gather data on British citizens were .. Read MoreBritish Foreign Secretary William Hague told members in the House of Commons that recent allegations the government's communications headquarters tried to circumvent the law to gather data on British citizens were ''baseless.'' He added that data obtained by the U.K. from the U.S. involving British citizens were ''subject to proper statutory controls and safeguards.'' He also took questions from members.
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VIDEO-"Our Concerns Are That Our Friends Are Spying On Us" German Member Of Parliament - YouTube
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VIDEO-Greenwald: 'Who Needs Government to Try to Criminalize Journalism When You Have David Gregory to Do It?' | MRCTV
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  MRC TV is an online platform for people to share and view videos, articles and opinions on topics that are important to them -- from news to political issues and rip-roaring humor.
  MRC TV is brought to you by the Media Research Center, a 501(c) 3 nonprofit research and education organization. The MRC is located at: 325 South Patrick Street, Alexandria, VA 22314. For information about the MRC, please visit www.MRC.org.
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VIDEO-MSNBC Hosts in Awe of Obama's Africa Trip Making Ailing Mandela Smile | MRCTV
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  On Tuesday, successive MSNBC hosts used the failing health of former South African president Nelson Mandela to promote President Obama's upcoming trip to Africa. Daily Rundown host Chuck Todd lead the way when he announced: "We have some developing news that we just have to share. Nelson Mandela's daughter, Zindzi Mandela, tells NBC that she was with Nelson Mandela, that she told him of President Obama's upcoming visit to South Africa. And in Zindzi's words, she told him, quote, 'Obama is coming, and he opened his eyes and gave me a smile.'"
  More in the cross-post on the MRC's NewsBusters blog.
70 Washington Penthouse Hits Market, Shows Off Telescope - Curbed NY
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  Sunday, January 30, 2011, by Bilal KhanSo, how much would you be willing to pay for those panoramic Dumbo views? The people at Halstead are hoping at least $1,700 per square foot. Penthouse G at 70 Washington Street just hit the market or $2,800,000 and it's got views to die for. In addition to the views you get 3 bedrooms 2 bathrooms and 1,577 square feet. Back in 2006 this place sold for $2,240,150 so the sellers are looking at a decent profit if they get asking or close to it. Color us crazy, but judging from the pictures this listing is bound to stir up some serious interest. We get to drool over two floorplans because according to the listing it was "originally configured with two master suites, three full baths and a home office, and easily returned to this layout, the floor plan was modified to take full advantage of the views and light." In either case, that's a whole lotta terrace. We bet that telescope in the listing photos gets a lot of use, too.
  70 Washington Street Brooklyn, NY
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lara tabatznik wikipedia - Google Search
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  Brian Lara - Wikipedia, the free encyclopediaBrian Charles Lara, TC, OCC, AM (born 2 May 1969) is a former West Indianinternational cricket player. He is generally regarded as the best batsman of ...Lara Logan - Wikipedia, the free encyclopediaLara Logan (born 29 March 1971) is a South African television and radiojournalist, and war correspondent. She is the chief foreign affairs correspondentfor ...Lara, Victoria - Wikipedia, the free encyclopediaLara is a residential Town, 18 km north-east of Geelong, inland from the PrincesFreeway to Melbourne. Contents. 1 History; 2 Geography; 3 Education ...NEW WAYnewway8a.blogspot.com/- CachedDavid Tabaznick... half because Fabian Vargas broke his ankle in that momentthe Coach Eduardo Lara has worried an ...... http://en.wikipedia.org/wiki/Juanes.NEW WAY: septiembre 2009newway8a.blogspot.com/2009_09_01_archive.html- Cached1 Sep 2009 ... David Tabaznick... in that moment the Coach Eduardo Lara has worried an hedecide to enter a forward and a midfielder that can combine and ...Anthony Tabatznik: Executive Profile & Biography - Businessweekinvesting.businessweek.com/research/stocks/.../person.asp?...- CachedMr. Anthony Selwyn Tabatznik, Tony is the Founder of The Generics Group Ltd.Mr. Tabatznik is the Founder of Robin Hood Holdings, Ltd. Mr. Tabatznik is a ...Passengers - Ellis Island - FREE Port of New York Passenger ...www.ellisisland.org/shipping/FormatTripPass.asp?sship...- CachedLara Freimann, 25y, Hamburg. Jankel Freimann, 19y, Hamburg. Rive Freimann,1y 6m, Hamburg ...... Abram Tabaznik, 33y, Hamburg ...In order to show you the most relevant results, we have omitted some entries very similar to the 7 already displayed.If you like, you can repeat the search with the omitted results included.
Jennifer Robinson (lawyer) - Wikipedia, the free encyclopedia
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  Jennifer Robinson is an Australianhuman-rights lawyer. She is the Legal Director for the Bertha Foundation in London and an Adjunct Lecturer in Law at the University of SydneyLaw School.[1]
  Since 2010, Robinson has been a member of a legal team representing Assange and WikiLeaks in London.[2] Before moving to England, her most notable work was for the Institute for Advocacy and Study of Human Rights (Elsham), a human rights organisation in Papua, Indonesia for whom she was a legal-aid volunteer.
  Education and volunteering[edit]She attended Bomaderry High School and graduated from the Australian National University in Canberra with a Bachelor of Laws with First Class Honours and the University Medal and a Bachelor of Asian Studies and the Distinguished Scholar Award for Asian Studies.[3][4] She was admitted as a Solicitor in New South Wales.
  In 2002, Robinson worked as a volunteer at the Institute for Advocacy and Study of Human Rights (Elsham), a human rights organisation in Papua, Indonesia until her stay was cut short by the first Bali bombings.[3]
  She was an Australia-at-Large Rhodes Scholar to the University of Oxford and graduated in 2006 from Balliol College with a Bachelor of Civil Law with Distinction and a Master of Philosophy in International Public Law.[5]
  Throughout her education, Robinson has worked on volunteer projects involving the accountability of multinational corporations for human rights abuses, with a particular interest in the Freeport mine in West Papua.
  Whilst at Oxford University, she worked part time for the human rights barrister Geoffrey Robertson. In 2008, she became Robertson's Instructing Solicitor. She led a project for the United Nations Secretary General's Special Representative on Business and Human Rights.[5]
  From 2009, she worked at the London law firm of Finers Stephens Innocent LLP. She became the legal adviser to WikiLeaks founder Julian Assange in October 2010.
  In 2011, she became the Legal Director for the Bertha Foundation in London, with the task of creating and developing a global human rights and public interest law program.[5]
  Alleged travel "inhibition" incident[edit]On April 18, 2012, Robinson alleged on her Twitter feed that she was delayed from checking in at London's Heathrow Airport, having been told that she was "inhibited"[6] by "certain government agencies"[7] from travelling. A security guard is alleged to have told her "you must have done something controversial"[7] while, it was claimed, the security staff phoned the Australia Department of Foreign Affairs. Robinson then tweeted "@dfat Please explain: What is the "inhibited" travel list? And why am I now apparently on it?"[8][9][10] Senator Scott Ludlum sent a tweet questioning the Department of Foreign Affairs: "@DFAT care to explain why @suigenerisjen is on your watch list? what kind of threat do human rights lawyers pose exactly?"[9] After the delay, Robinson was allowed to board her flight bound for Australia.[10]
  Within hours of the question being asked by Robinson, a spokesperson for the Department of Foreign Affairs is quoted as having said to Crikey magazine: ''We are not aware of any Australian Government restriction applying to Ms Robinson's travel. As an Australian with a valid passport, she would be free to return to Australia at any stage. The UK border authorities or airline of travel may be able to provide further insight on claims that she was impeded from boarding her flight.'' [10]The Guardian also reports that ""The Australian High Commission in London has no record of a call being received from UK authorities concerning her travel." [11]
  After arriving in Australia and speaking personally with Nicola Roxon, Robinson tweeted that Roxon "confirmed the Australian government had nothing to do with the issue I had at Heathrow and expressed concern for protection of lawyers".[12]
  Bernard Keane reported in Crikey that "inhibited person" is "not a term used by Australian agencies" but, Keane claimed, it was a term used by the United StatesDepartment of Homeland Security.[13]
  Despite extensive media coverage, no independent evidence has ever been identified (other than that of Robinson) for the event occurring in the way Robinson describes.[14]
  In 2008, she was one of only thirty pro bono lawyers named by the UK Attorney General as a National Pro Bono Hero.[citation needed]
  References[edit]External links[edit]PersondataNameRobinson, JenniferAlternative namesShort descriptionDate of birthPlace of birthDate of deathPlace of death
The Bertha Foundation | Grantees
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VIDEO-"It's IMPORTANT To Focus On The Disclosures Of Mr Snowden" Jennifer Robinson WikiLeaks Attorney - YouTube
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Wendy Davis (politician) - Wikipedia, the free encyclopedia
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  Wendy Russell Davis[1] (born May 16, 1963) is an American lawyer and Democratic politician from Fort Worth, Texas who represents District 10 of the Texas Senate. She previously served on the Fort Worth city council. On June 25, 2013, Davis held a filibuster to block Senate Bill 5, legislation that would create new abortion regulations in Texas. The filibuster lasted for ten hours and played a major role in Senate Democrats' successful efforts to delay passage of the bill beyond the midnight deadline for the end of the legislative session.
  Early life and educationWendy Davis was born on May 16, 1963, and grew up in Fort Worth. Davis's parents divorced when she was 11 years old, and she was raised by a single mother. Davis began working at age 14 to help support her family. She graduated from Richland High School in 1981, marrying shortly thereafter at age 18 and having a daughter named Amber. A year later, Davis was divorced and a single mother. After learning about a two-year paralegal program from a co-worker, Davis enrolled at Tarrant County College and later transferred to Texas Christian University, where she graduated first in her class. Before and during college, Davis worked as a waitress at the Stage West Theatre caf(C).[2] After becoming the first person in her family to graduate from college, Davis went on to earn her law degree with honors from Harvard Law School.[3]
  Law careerEarly in her law career, Davis served in a federal clerkship under U.S. District Judge Jerry Buchmeyer. In 1994, she joined the Fort Worth office of Haynes & Boone and began practicing specialized litigation. She later became part owner of Safeco Title Co. and served as Chief Executive Officer of Old Republic International Title's Fort Worth Division from 2004 to 2009. Davis joined Cantey Hanger in an Of Counsel role and partnered with Brian Newby to open Newby Davis, PLLC in 2010. Her current practice includes federal and local governmental affairs, litigation, economic development, contract compliance and real estate matters.[4]
  Political careerCity CouncilDavis was first elected to the Fort Worthcity council in 1999. She was re-elected in 2001, 2003, 2005 and 2007. During her nine-year tenure as a councilmember, Davis focused on transportation, economic development and neighborhood issues. She also spearheaded economic development projects, such as the Montgomery Plaza renovation, the Tower, Pier One and Radio Shack campuses.[4]
  State SenateDavis represents Texas Senate, District 10, which includes portions of Tarrant County, Texas. In 2008, she defeated RepublicanKim Brimer for the seat.[5] She was re-elected in 2012, defeating a challenge from Mark Shelton, a Fort Worth pediatrician and Republican member of the Texas House of Representatives.[6]
  Davis is the Vice-Chair on the Senate Select Committee on Open Government. She is also a Member of the Senate Committee on Economic Development, the Senate Committee on Transportation, and the Veteran Affairs and Military Installations Committee. She previously served on the Senate Committee for Education and as Vice-Chair on the Senate Committee on International Relations and Trade.[7]
  In 2011, Davis launched a filibuster of a budget bill that cut $4 billion from public education in the state, resulting in a special session called by Texas Gov. Rick Perry.[8]
  Davis has been honored with many awards and recognitions during her first term in the Texas Legislature, including the "Bold Woman Award" from Girls, Inc., "Freshman of the Year" from AARP, "Champion for Children Award" from the Equity Center, and "Texas Women's Health Champion Award" from the Texas Association of OB-GYNs. In 2009, Texas Monthly named her "Rookie of the Year".[9] She was also chosen by the readers of Fort Worth Weekly as the "Best Servant of the People".[3] Davis was recently listed among "12 State Legislators to Watch in 2012" by Governing Magazine[10] and is mentioned as a possible candidate for state-wide races.[11]
  Early in the 83rd Session, senators drew for terms in a post-redistricting, once-a-decade process. Davis drew a two-year term and will be up for re-election in November 2014.[12] She recently announced her intention to run for re-election to the Senate.[13]
  2013 filibusterOn June 25, 2013, Senator Davis began a filibuster to block the Senate Bill 5, a package of measures that would create new abortion regulations in Texas, including banning abortion past twenty weeks of gestation, requiring doctors performing the procedure to have rights to practice in nearby hospitals, and upgrading abortion facilities into ambulatory surgical centers.[14] She attempted to maintain the floor until midnight, when the Senate's special session ended, after which the state Senate would no longer be able to vote on the measure.[15] Following a 10-hour filibuster, Lieutenant Governor David Dewhurst ruled that Davis had gone off topic, forcing a vote on whether the filibuster could continue.[16] Despite Republican efforts, parliamentary inquiries from Leticia R. Van de Putte and others as well as raucous cheering from the people gathered in the Capitol carried on through midnight and the close of the special session.[17] Following the deadline, Republicans indicated that a vote had taken place and passed, while Democrats declared that the vote had taken place after midnight, making it illegal.[17] Dewhurst later conceded that the bill was dead.[18][19]
  Election historyDavis ran unopposed for city council in 2001 and 2005 and for state senator in the 2008 and 2012 Democratic primaries.
  2012 election2008 electionPrevious elections2007Fort Worth City Council general election, 2007: District 9[21]PartyCandidateVotes%±%nonpartisanBernie Scheffler40623.39nonpartisanWendy Davis1,33076.61+8.4Majority92453.2216.82003Fort Worth City Council general election, 2003: District 9[22]PartyCandidateVotes%±%nonpartisanWendy R. Davis2,58168.21+17.46nonpartisanBill Ray1,20331.79Majority137836.42+22.061999Fort Worth City Council general election, 1999: District 9[23]PartyCandidateVotes%±%nonpartisanWendy R. Davis1,82050.75nonpartisanDavid Minor1,47141.02nonpartisanDan Roberts2958.23Majority3499.73Arson attemptOn March 20, 2012, a pair of Molotov cocktails were thrown at Davis's office in Fort Worth. Davis was not in the office at the time though two of her staffers were. There were no injuries.[24] Cedric Steele, a homeless man with a history of mental illness, was arrested for the attack.[25]
  References^"Wendy Russell Davis's Salary". ^"Wendy Davis stuck her neck out for schoolkids.". Fort Worth Weekly. ^ ab"Senator Wendy Davis: District 10". Texas State Senate. ^ ab"Partners - Newby Davis, PLLC". ^"Wendy Davis Defeats Sen. Kim Brimer". Quorum Report. ^"Wendy Davis Clinches Re-election in SD-10". Texas Tribune. ^"Texas Tribune - State Sen. Wendy Davis". Texas Tribune. ^"A Filibuster Creates an Overnight Celebrity". New York Times. ^"The Best and Worst Legislators 2009". Texas Monthly. ^"12 State Legislators to Watch in 2012". Governing Magazine. ^"Is Sen. Wendy Davis poised for statewide race?". Star-Telegraph. ^"Political futures at risk as Senators draw terms". Houston Chronicle. ^"Davis re-states intention to run for Senate". Fort Worth Star-Telegram. ^"Texas abortion bill falls after challenge". =The Eagle. June 26, 2013. Retrieved June 26, 2013. ^Tomlinson, C.; Vertuno, J. (June 26, 2013). "Marathon filibuster: Overnight drama stalls Texas abortion vote". KHOU. Retrieved June 26, 2013. ^Sutton, J.; Smith, M. (June 25, 2013). "Lawmaker's filibuster to kill Texas abortion bill ends early". CNN. Retrieved June 25, 2013. ^ abKing, Michael (June 26, 2013). "Yea or Nay?". The Austin Chronicle. Retrieved June 26, 2013. ^"Liveblog: Senators Trying to Determine if Abortion Bill Passed". The Texas Tribune. June 26, 2013. Retrieved June 26, 2013. ^Helen Davidson (June 26, 2013). "Wendy Davis filibuster and public protest defeat Texas abortion bill: Texas senator stages 11-hour filibuster to block bill ' Vote derailed, lieutenant governor blames 'mob'". The Guardian. Retrieved June 26, 2013. ^ ab"Election Results". Secretary of State of Texas. Retrieved 2012-11-19. ^"2007 Cumulative Election Report" (PDF). City of Fort Worth. p. 3. Retrieved 2010-10-16. ^"2003 Cumulative Election Report". City of Fort Worth. Retrieved 2010-10-16. ^"1999 Cumulative Election Report". City of Fort Worth. Retrieved 2010-10-16. ^"Molotov cocktails thrown at Democratic Texas state senator's office". Fox News. 2012-03-20. ^http://www.wfaa.com/news/local/Family-says-firebomb-suspect-has-a-history-of-mental-illness-143758486.htmlExternal linksPersondataNameDavis, WendyAlternative namesShort descriptionAmerican politicianDate of birth1963-05-16Place of birthFort Worth, Texas, United StatesDate of deathPlace of death
Sb5 abortion bill Texas
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79(2) SB 5 - Enrolled version - Bill Text
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  79(2) SB 5 - Enrolled version - Bill Text S.B. No. 5 AN ACT
  relating to furthering competition in the communications industry. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 33.001, Utilities Code, is amended to read as follows: Sec. 33.001. MUNICIPAL JURISDICTION. (a) To provide fair, just, and reasonable rates and adequate and efficient services, the governing body of a municipality has exclusive original jurisdiction over the rates, operations, and services of an electric utility in areas in the municipality, subject to the limitations imposed by this title. (b) Notwithstanding Subsection (a), the governing body of a municipality shall not have jurisdiction over the BPL system, BPL services, telecommunications using BPL services, or the rates, operations, or services of the electric utility or transmission and distribution utility to the extent that such rates, operations, or services are related, wholly or partly, to the construction, maintenance, or operation of a BPL system used to provide BPL services to affiliated or unaffiliated entities. SECTION 2. Subtitle B, Title 2, Utilities Code, is amended by adding Chapter 43 to read as follows:CHAPTER 43. USE OF ELECTRIC DELIVERY SYSTEM FOR ACCESS TO BROADBAND AND OTHER ENHANCED SERVICES, INCLUDING COMMUNICATIONS
  SUBCHAPTER A. GENERAL PROVISIONS
  Sec. 43.001. LEGISLATIVE FINDINGS. (a) The legislature finds that broadband over power lines, also known as BPL, is an emerging technology platform that offers a means of providing broadband services to reach homes and businesses. BPL services can also be used to enhance existing electric delivery systems, which can result in improved service and reliability for electric customers. (b) The legislature finds that access to quality, high speed broadband services is important to this state. BPL deployment in Texas has the potential to extend broadband service to customers where broadband access is currently not available and may provide an additional option for existing broadband consumers in Texas, resulting in a more competitive market for broadband services. The legislature further finds that BPL development in Texas is fully dependent upon the participation of electric utilities in this state that own and operate power lines and related facilities that are necessary for the construction of BPL systems and the provision of BPL services. (c) Consistent with the goal of increasing options for telecommunications in this state, the legislature finds that it is in the public interest to encourage the deployment of BPL by permitting affiliates of the electric utility, or permitting unaffiliated entities, to own or operate all or a portion of such BPL systems. The purpose of this chapter is to provide the appropriate framework to support the deployment of BPL. (d) The legislature finds that an electric utility may choose to implement BPL under the procedures set forth in this chapter, but is not required to do so. The electric utility shall have the right to decide, in its sole discretion, whether to implement BPL and may not be penalized for deciding to implement or not to implement BPL. Sec. 43.002. APPLICABILITY. (a) This chapter applies to an electric utility whether or not the electric utility is offering customer choice under Chapter 39. (b) If there is a conflict between the specific provisions of this chapter and any other provisions of this title, the provisions of this chapter control. (c) No provision of this title shall impose an obligation on an electric utility to implement BPL, to provide broadband services, or to allow others to install BPL facilities or use the electric utility's facilities for the provision of broadband services. Sec. 43.003. DEFINITIONS. In this chapter: (1) "BPL," "broadband over power lines," and "BPL services" mean the provision of broadband services over electric power lines and related facilities, whether above ground or in underground conduit. (2) "BPL access" means the ability to access broadband services via a BPL operator or BPL Internet service provider. (3) "BPL operator" means an entity that owns or operates a BPL system on the electric power lines and related facilities of an electric utility. (4) "BPL Internet service provider" and "BPL ISP" mean an entity that provides Internet services to others on a wholesale basis or to end-use customers on a retail basis. (5) "BPL system" means the materials, equipment, and other facilities installed on electric utility property to facilitate the provision of BPL services. (6) "BPL electric utility applications" means services and technologies that are used and useful and designed to improve the operational performance and service reliability of an electric utility including, but not limited to, automated meter reading, real time system monitoring and meter control, remote service control, outage detection and restoration, predictive maintenance and diagnostics, and monitoring and enhancement of power quality. (7) "Electric delivery system" means the power lines and related transmission and distribution facilities used by an electric utility to deliver electric energy. (8) "Electric utility" shall include an electric utility and a transmission and distribution utility as defined in Section 31.002(6) or (19).[Sections 43.004-43.050 reserved for expansion]
  SUBCHAPTER B. DEVELOPMENT OF BPL SYSTEMS
  Sec. 43.051. AUTHORIZATION FOR BPL SYSTEM. An affiliate of an electric utility or a person unaffiliated with an electric utility may own, construct, maintain, and operate a BPL system and provide BPL services on an electric utility's electric delivery system consistent with the requirements of this chapter. Nothing in this chapter shall prohibit an entity defined in Section 11.003(9) from providing BPL service or owning and operating a BPL system. Nothing in this chapter shall prohibit an electric utility from providing construction or maintenance services to a BPL operator or BPL ISP provided that the costs of these services are properly accounted for between the electric utility and the BPL operator or BPL ISP. Sec. 43.052. OWNERSHIP AND OPERATION OF BPL SYSTEM. (a) An electric utility may elect to: (1) allow an affiliate to own or operate a BPL system on the utility's electric delivery system; (2) allow an unaffiliated entity to own or operate a BPL system on the electric utility's electric delivery system; or (3) allow an affiliate or unaffiliated entity to provide Internet service over a BPL system. (b) The BPL operator and the electric utility shall determine what BPL Internet service providers may have access to broadband capacity on the BPL system. Sec. 43.053. FEES AND CHARGES. (a) An electric utility that allows an affiliate or an unaffiliated entity to own a BPL system on the electric utility's electric delivery system shall charge the owner of the BPL system for the use of the electric utility's electric delivery system. (b) An electric utility may pay a BPL owner, a BPL operator, or a BPL ISP for the use of the BPL system required to operate BPL utility applications. (c) If all or part of a BPL system is installed on poles or other structures of a telecommunications utility as that term is defined in Section 51.002, the owner of the BPL system shall be required to pay the telecommunications utility an annual fee consistent with the usual and customary charges for access to the space occupied by that portion of the BPL system so installed. (d) Notwithstanding Subsections (a)-(c): (1) an electric utility may not charge an affiliate under this section an amount less than the electric utility would charge an unaffiliated entity for the same item or class of items; (2) an electric utility may not pay an affiliate under this section an amount more than the affiliate would charge an unaffiliated entity for the same item or class of items; and (3) an electric utility or an affiliate of an electric utility may not discriminate against a retail electric provider that is not affiliated with the utility in the terms or availability of BPL services. Sec. 43.054. NO ADDITIONAL EASEMENTS OR CONSIDERATION REQUIRED. Because BPL systems provide benefits to electric delivery systems, the installation of a BPL system on an electric delivery system shall not require the electric utility or the owner of the BPL system or an entity defined in Section 11.003(9) to obtain or expand easements or other rights-of-way for the BPL system or to give additional consideration as a result of the installation or the operation of a BPL system. For purposes of this section, installation of a BPL system shall be deemed to be consistent with installation of an electric delivery system. Sec. 43.055. RELIABILITY OF ELECTRIC SYSTEMS MAINTAINED. An electric utility that allows the installation and operation of a BPL system on its electric delivery system shall employ all reasonable measures to ensure that the operation of the BPL system does not interfere with or diminish the reliability of the utility's electric delivery system. Should a disruption in the provision of electric service occur, the electric utility shall be governed by the terms and conditions of the retail electric delivery service tariff. At all times, the provision of broadband services shall be secondary to the reliable provision of electric delivery services.[Sections 43.056-43.100 reserved for expansion]
  SUBCHAPTER C. IMPLEMENTATION OF BPL SYSTEM BY
  ELECTRIC UTILITY
  Sec. 43.101. PARTICIPATION BY ELECTRIC UTILITY. (a) An electric utility, through an affiliate or through an unaffiliated entity, may elect to install and operate a BPL system on some or all of its electric delivery system in any part or all of its certificated service area. (b) The installation, operation, and use of a BPL system and the provision of BPL services shall not be regulated by any state agency, a municipality, or local government other than as provided for in this chapter. (c) The commission or a state or local government or a regulatory or quasi-governmental or a quasi-regulatory authority may not: (1) require an electric utility, either through an affiliate or an unaffiliated entity, to install a BPL system on its power lines or offer BPL services in all or any part of the electric utility's certificated service area; (2) require an electric utility to allow others to install a BPL system on the utility's electric delivery system in any part or all of the electric utility's certificated service area; or (3) prohibit an electric utility from having an affiliate or unaffiliated entity install a BPL system or offering BPL services in any part or all of the electric utility's certificated service area. (d) If a municipality or local government is already collecting a charge or fee from the electric utility for the use of the public rights-of-way for the delivery of electricity to retail electric customers, the municipality or local government is prohibited from requiring a franchise or an amendment to a franchise or from requiring a charge, fee, or tax from any entity for use of the public rights-of-way for a BPL system. (e) The state or a municipality may impose a charge on the provision of BPL services, but the charge may not be greater than the lowest charge that the state or municipality imposes on other providers of broadband services for use of the public rights-of-way in its respective jurisdiction. Sec. 43.102. COST RECOVERY FOR DEPLOYMENT OF BPL AND UTILITY APPLICATIONS. (a) Where an electric utility permits the installation of a BPL system on its electric delivery system under Section 43.052(a), the electric utility's investment in that BPL system to directly support the BPL electric utility applications and other BPL services consumed by the electric utility that are used and useful in providing electric utility service shall be eligible for inclusion in the electric utility's invested capital, and any fees or operating expenses that are reasonable and necessary shall be eligible for inclusion as operating expenses for purposes of any proceeding under Chapter 36. The invested capital and expenses described in this section must be allocated to the customer classes directly receiving the services. (b) In any proceeding under Chapter 36, just and reasonable charges for the use of the electric utility's electric delivery system by a BPL owner or operator shall be limited to the usual and customary pole attachment charges paid to the electric utility for comparable space by cable television operators. (c) The revenues of an affiliated BPL operator or an affiliated BPL ISP shall not be deemed the revenues of an electric utility for purposes of setting rates under Chapter 36.[Sections 43.103-43.150 reserved for expansion]
  SUBCHAPTER D. MISCELLANEOUS PROVISIONS
  Sec. 43.151. AFFILIATES OF ELECTRIC UTILITY. (a) Subject to the limitations of this chapter, an electric utility may have a full or partial ownership interest in a BPL operator or a BPL ISP. Whether a BPL operator or a BPL ISP is an affiliate of the electric utility shall be determined under Section 11.003(2) or Section 11.006. (b) Neither a BPL operator nor a BPL ISP shall be considered a "competitive affiliate" of an electric utility as that term is defined in Section 39.157. Sec. 43.152. COMPLIANCE WITH FEDERAL LAW. BPL operators shall comply with all applicable federal laws, including those protecting licensed spectrum users from interference by BPL systems. The operator of a radio frequency device shall be required to cease operating the device upon notification by a Federal Communications Commission or Public Utilities Commission representative that the device is causing harmful interference. Operation shall not resume until the condition causing the harmful interference has been corrected. SECTION 3. Section 52.155, Utilities Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows: (a) A telecommunications utility that holds a certificate of operating authority or a service provider certificate of operating authority may not charge a higher amount for originating or terminating intrastate switched access than the prevailing rates charged by the holder of the certificate of convenience and necessity or the holder of a certificate of operating authority issued under Chapter 65 in whose territory the call originated or terminated unless: (1) the commission specifically approves the higher rate; or (2) subject to commission review, the telecommunications utility establishes statewide average composite originating and terminating intrastate switched access rates based on a reasonable approximation of traffic originating and terminating between all holders of certificates of convenience and necessity in this state. (c) Notwithstanding Subsection (a), Chapter 65 governs the switched access rates of a company that holds a certificate of operating authority issued under Chapter 65. SECTION 4. Subchapter D, Chapter 52, Utilities Code, is amended by adding Section 52.156 to read as follows: Sec. 52.156. RETAIL RATES, TERMS, AND CONDITIONS. A telecommunications utility may not: (1) establish a retail rate, term, or condition that is anticompetitive or unreasonably preferential, prejudicial, or discriminatory; or (2) engage in predatory pricing or attempt to engage in predatory pricing. SECTION 5. Section 54.202, Utilities Code, is amended by adding Subsection (c) to read as follows: (c) This section may not be construed to prevent a municipally owned utility from providing to its energy customers, either directly or indirectly, any energy related service involving the transfer or receipt of information or data concerning the use, measurement, monitoring, or management of energy utility services provided by the municipally owned utility, including services such as load management or automated meter reading. SECTION 6. Subsections (a), (b), and (c), Section 54.204, Utilities Code, are amended to read as follows: (a) Notwithstanding Section 14.008, a municipality or a municipally owned utility may not discriminate against a certificated telecommunications provider [telecommunications utility] regarding: (1) the authorization or placement of a [telecommunications] facility in a public right-of-way; (2) access to a building; or (3) a municipal utility pole attachment rate or term[, to the extent not addressed by federal law]. (b) In granting consent, a franchise, or a permit for the use of a public street, alley, or right-of-way within its municipal boundaries, a municipality or municipally owned utility may not discriminate in favor of or against a certificated telecommunications provider [telecommunications utility that holds or has applied for a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority] regarding: (1) municipal utility pole attachment or underground conduit rates or terms[, to the extent not addressed by federal law]; or (2) the authorization, placement, replacement, or removal of a [telecommunications] facility in a public right-of-way and the reasonable compensation for the authorization, placement, replacement, or removal regardless of whether the compensation is in the form of: (A) money; (B) services; (C) use of facilities; or (D) another kind of consideration. (c) A municipality or a municipally owned [Notwithstanding Subsection (b)(1), a municipal] utility may not charge any entity, regardless of the nature of the services provided by that entity, a pole attachment rate or underground conduit rate that exceeds the fee the municipality or municipally owned utility would be permitted to charge under rules adopted by the Federal Communications Commission under 47 U.S.C. Section 224(e) if the municipality's or municipally owned utility's rates were regulated under federal law and the rules of the Federal Communications Commission. In addition, not later than September 1, 2006, a municipality or municipally owned utility shall charge a single, uniform pole attachment or underground conduit rate to all entities that are not affiliated with the municipality or municipally owned utility regardless of the services carried over the networks attached to the poles or underground conduit. SECTION 7. Section 54.251, Utilities Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows: (b) Except as specifically determined otherwise by the commission under this subchapter or Subchapter G, the holder of a certificate of convenience and necessity, or the holder of a certificate of operating authority issued under Chapter 65, for an area has the obligations of a provider of last resort regardless of whether another provider has a certificate of operating authority or service provider certificate of operating authority for that area. (c) A certificate holder may meet the holder's provider of last resort obligations using any available technology. Notwithstanding any provision of Chapter 56, the commission may adjust disbursements from the universal service fund to companies using technologies other than traditional wireline or landline technologies to meet provider of last resort obligations. As determined by the commission, the certificate holder shall meet minimum quality of service standards, including standards for 911 service, comparable to those established for traditional wireline or landline technologies and shall offer services at a price comparable to the monthly service charge for comparable services in that exchange or the provider's nearest exchange. SECTION 8. Subchapter G, Chapter 54, Utilities Code, is amended by adding Section 54.3015 to read as follows: Sec. 54.3015. APPLICABILITY OF SUBCHAPTER. This subchapter applies to a holder of a certificate of operating authority issued under Chapter 65 in the same manner and to the same extent this subchapter applies to a holder of a certificate of convenience and necessity. SECTION 9. Section 55.015, Utilities Code, is amended by amending Subsections (a), (c), and (d) and adding Subsections (b-1), (d-1), and (d-2) to read as follows: (a) The commission shall adopt rules prohibiting a certificated provider of local exchange telephone service[telecommunications provider] from discontinuing basic network services listed in Section 58.051 [local exchange telephone service] to a consumer who receives lifeline service because of nonpayment by the consumer of charges for other services billed by the provider, including interexchange telecommunications [long distance] service. (b-1) The commission shall adopt rules requiring certificated providers of local exchange telephone service to implement procedures to ensure that all consumers are clearly informed both orally and in writing of the existence of the lifeline service program when they request or initiate service or change service locations or providers. On or before June 1, 2006, the commission shall enter into a memorandum of understanding with the Health and Human Services Commission, and, to the maximum extent feasible, housing authorities in the principal cities of each metropolitan statistical area, to improve enrollment rates in the lifeline service program. (c) A certificated provider of local exchange telephone service [telecommunications provider] may block a lifeline service participant's access to all interexchange telecommunications [long distance] service except toll-free numbers when the participant owes an outstanding amount for that service. The provider[telecommunications provider] shall remove the block without additional cost to the participant on payment of the outstanding amount. (d) A certificated provider of local exchange telephone service [telecommunications provider] shall offer a consumer who applies for or receives lifeline service the option of blocking all toll calls or, if technically capable, placing a limit on the amount of toll calls. The provider may not charge the consumer an administrative charge or other additional amount for the blocking service. (d-1) A certificated provider of local exchange telephone service shall provide access to lifeline service to a customer whose income is not more than 150 percent of the applicable income level established by the federal poverty guidelines or in whose household resides a person who receives or has a child who receives: (1) Medicaid; (2) food stamps; (3) Supplemental Security Income; (4) federal public housing assistance; (5) Low Income Home Energy Assistance Program (LIHEAP) assistance; or (6) health benefits coverage under the state child health plan under Chapter 62, Health and Safety Code. (d-2) A certificated provider of local exchange telephone service shall provide consumers who apply for or receive lifeline service access to available vertical services or custom calling features, including caller ID, call waiting, and call blocking, at the same price as other consumers. Lifeline discounts shall only apply to that portion of the bill that is for basic network service. SECTION 10. Subchapter A, Chapter 55, Utilities Code, is amended by adding Section 55.017 to read as follows: Sec. 55.017. IDENTIFICATION REQUIRED. (a) A representative of a telecommunications provider or a video or cable service provider that has an easement in or a right-of-way over or through real property must show proof of identification to the owner of the real property when entering the property if requested by the owner. (b) This section does not apply to regularly scheduled service readings or examinations. SECTION 11. Subchapter H, Chapter 55, Utilities Code, is amended by adding Section 55.1735 to read as follows: Sec. 55.1735. CHARGE FOR PAY PHONE ACCESS LINE. The charge or surcharge a local exchange company imposes for an access line used to provide pay telephone service in an exchange may not exceed the amount of the charge or surcharge the company imposes for an access line used for regular business purposes in that exchange. SECTION 12. Section 56.021, Utilities Code, is amended to read as follows: Sec. 56.021. UNIVERSAL SERVICE FUND ESTABLISHED. The commission shall adopt and enforce rules requiring local exchange companies to establish a universal service fund to: (1) assist telecommunications providers in providing basic local telecommunications service at reasonable rates in high cost rural areas; (2) reimburse the telecommunications carrier that provides the statewide telecommunications relay access service under Subchapter D; (3) finance the specialized telecommunications assistance program established under Subchapter E; (4) reimburse the department, the Texas Commission for the Deaf and Hard of Hearing, and the commission for costs incurred in implementing this chapter and Chapter 57; (5) reimburse a telecommunications carrier providing lifeline service as provided by 47 C.F.R. Part 54, Subpart E, as amended; (6) finance the implementation and administration of an integrated eligibility process created under Section 17.007 for customer service discounts relating to telecommunications services, including outreach expenses the commission determines are reasonable and necessary; (7) reimburse a designated provider under Subchapter F; [and] (8) reimburse a successor utility under Subchapter G; and (9) finance the program established under Subchapter H. SECTION 13. Subsection (a), Section 56.025, Utilities Code, is amended to read as follows: (a) In addition to the authority provided by Section 56.021, for each local exchange company that serves fewer than 31,000 [five million] access lines and each cooperative, the commission: (1) may adopt a mechanism necessary to maintain reasonable rates for local exchange telephone service; and (2) shall adopt rules to expand the universal service fund in the circumstances prescribed by this section. SECTION 14. Section 56.026, Utilities Code, is amended by adding Subsection (e) to read as follows: (e) This subsection and Subsections (c) and (d) expire August 31, 2007. SECTION 15. Subchapter B, Chapter 56, Utilities Code, is amended by adding Sections 56.029, 56.030, and 56.031 to read as follows: Sec. 56.029. UNIVERSAL SERVICE FUND STUDY; ATTESTATION REQUIREMENT. (a) The commission shall conduct a review and evaluation of whether the universal service fund accomplishes the fund's purposes as prescribed by Section 56.021 and the commission's final orders issued in Docket No. 18515 and Docket No. 18516. The evaluation shall determine whether the fund's purposes have been sufficiently achieved, whether the fund should be abolished or phased out, whether the fund should be brought within the state treasury, and whether the entities receiving those funds are spending the money for its intended purposes. The evaluation must include a forward-looking, comprehensive assessment of the appropriate use of the money in the fund and the manner in which that money is collected and disbursed. (b) Not later than January 1, 2006, the commission shall require telecommunications providers receiving disbursements under the universal service fund to provide to the commission the information that the commission determines is necessary to discharge the commission's duties under this section, including information necessary to review and evaluate how money is collected for the universal service fund and expended. (c) Information provided under Subsection (b) is confidential and is not subject to disclosure under Chapter 552, Government Code. (d) The commission may classify telecommunications providers as the commission considers appropriate for efficiency and may permit providers to share the cost of developing information the commission determines is necessary to discharge the commission's responsibilities under this section. (e) Not later than January 5, 2007, the commission shall deliver to the legislature a report for the legislature's revision and approval on the results of the review and evaluation. The report must: (1) include recommendations that are consistent with the policies provided by this title; (2) include the commission's assessment of the universal service fund, including: (A) how the money in the fund should be collected; (B) how the money in the fund should be disbursed and the purposes for which the money should be used by the telecommunications provider receiving the money; and (C) any recommendations the commission has in relation to accountability for use of the money in the fund, including the usefulness of the attestation required by Subsection (g); and (3) include recommendations that ensure that a telecommunications provider's support from the universal service fund for a geographic area is consistent with Section 56.021 and the commission's final orders issued in Docket No. 18515 and Docket No. 18516. (f) The evaluation shall determine whether the fund's purposes have been sufficiently achieved, whether the fund should be abolished or phased out, whether the fund should be brought within the state treasury, and whether the entities receiving those funds are spending the money for its intended purposes. (g) Not later than December 31, 2005, each telecommunications provider receiving universal service fund money shall file with the commission an affidavit attesting that the money from the fund has been used in a manner that is consistent with the purposes provided by Section 56.021 and the commission's final orders issued in Docket No. 18515 and Docket No. 18516. (h) In addition to the study required by this section, the commission shall compile information necessary to determine whether the current funding mechanism for the universal service fund will be adequate in the future to sustain the purposes for which the fund was created considering the development of new technologies that are not subject to the existing funding mechanism and the shift in jurisdictional control from this state to the federal government. The commission shall also review and make recommendations on any mechanisms adopted under Section 56.025. Not later than January 5, 2007, the commission shall deliver to the legislature a report on these issues. If the commission determines that the existing funding mechanism is not adequate, or proposes to change the manner or level of current funding, the commission must include recommendations for alternative funding and basic service pricing methods that will be adequate and are consistent with a policy of technology and competitive neutrality in the assessment of fees and other state-imposed economic burdens. (i) This section expires September 1, 2007. Sec. 56.030. AFFIDAVITS OF COMPLIANCE. On or before September 1 of each year, a telecommunications provider that receives disbursements from the universal service fund shall file with the commission an affidavit certifying that the telecommunications provider is in compliance with the requirements for receiving money from the universal service fund and requirements regarding the use of money from each universal service fund program for which the telecommunications provider receives disbursements. Sec. 56.031. ADJUSTMENTS. The commission may revise the monthly per line support amounts to be made available from the Texas High Cost Universal Service Plan and from the Small and Rural Incumbent Local Exchange Company Universal Service Plan at any time after September 1, 2007, after notice and an opportunity for hearing. In determining appropriate monthly per line support amounts, the commission shall consider the adequacy of basic rates to support universal service. SECTION 16. Subchapter B, Chapter 56, Utilities Code, is amended by adding Section 56.032 to read as follows: Sec. 56.032. COMMISSION REVIEW AND EVALUATION OF DISTANCE LEARNING DISCOUNTS AND PRIVATE NETWORK SERVICES FOR CERTAIN ENTITIES. (a) On or before October 1, 2005, the commission shall initiate a study for the purpose of evaluating a new funding mechanism to provide financial support to all telecommunications utilities that provide discounts or private network services at prescribed rates to the entities identified in Subchapter B, Chapter 57, Subchapter G, Chapter 58, and Subchapter D, Chapter 59. (b) The study must include an evaluation of alternative sources of funding such support, including utilizing federal E-rate funding, and an evaluation of alternative funding mechanisms that would result in support being made available to all telecommunications utilities on a nondiscriminatory basis and on a technology neutral basis in exchange for providing services at rates comparable to those preferred rates being paid by the entities identified under Subchapter B, Chapter 57, Subchapter G, Chapter 58, and Subchapter D, Chapter 59, provisions. (c) The commission shall conduct necessary proceedings to evaluate the appropriate funding mechanism and the appropriate method for determining the amount of support to be made available to telecommunications utilities that provide discounts to entities listed in Subsection (b). (d) On or before November 15, 2006, the commission shall issue a report to the speaker of the house of representatives and the lieutenant governor on the viability of establishing a new program or funding mechanism through which support shall be funded and disbursed in exchange for providing discounts to the entities listed in Subsection (b). The commission shall include in the report its findings regarding the cost of any new funding mechanism, the benefit of establishing a new program or funding mechanism, and any other relevant information the commission deems appropriate to assist the legislature in its review of discounts for distance learning and private network services. (e) This section expires September 1, 2007. SECTION 17. Chapter 56, Utilities Code, is amended by adding Subchapter H to read as follows:SUBCHAPTER H. AUDIO NEWSPAPER PROGRAM
  Sec. 56.301. AUDIO NEWSPAPER ASSISTANCE PROGRAM. The commission by rule shall establish a program to provide from the universal service fund financial assistance for a free telephone service for blind and visually impaired persons that offers the text of newspapers using synthetic speech. The commission may adopt rules to implement the program. SECTION 18. Section 58.051, Utilities Code, is amended by amending Subsection (a) and adding Subsections (a-1), (c), and (d) to read as follows: (a) Unless reclassified under Section 58.024, the following services are basic network services: (1) flat rate residential local exchange telephone service, including primary directory listings and the receipt of a directory and any applicable mileage or zone charges; (2) residential tone dialing service; (3) lifeline and tel-assistance service; (4) service connection for basic residential services; (5) direct inward dialing service for basic residential services; (6) private pay telephone access service; (7) call trap and trace service; (8) access for all residential and business end users to 911 service provided by a local authority and access to dual party relay service; (9) mandatory residential extended area service arrangements; and (10) mandatory residential extended metropolitan service or other mandatory residential toll-free calling arrangements[; and [(11) residential call waiting service]. (a-1) Notwithstanding Subsection (a) and Section 58.151, basic network services include residential caller identification services if the customer to whom the service is billed is at least 65 years of age. (c) At the election of the affected incumbent local exchange company, the price for basic network service shall also include the fees and charges for any mandatory extended area service arrangements, mandatory expanded toll-free calling plans, and any other service included in the definition of basic network service. (d) A nonpermanent expanded toll-free local calling service surcharge established by the commission to recover the costs of mandatory expanded toll-free local calling service: (1) is considered a part of basic network service; (2) may not be aggregated under Subsection (c); and (3) continues to be transitioned in accordance with commission orders and substantive rules. SECTION 19. Section 58.151, Utilities Code, is amended to read as follows: Sec. 58.151. SERVICES INCLUDED. The following services are classified as nonbasic services: (1) flat rate business local exchange telephone service, including primary directory listings and the receipt of a directory, and any applicable mileage or zone charges, except that the prices for this service shall be capped until September 1, 2005, at the prices in effect on September 1, 1999; (2) business tone dialing service, except that the prices for this service shall be capped until September 1, 2005, at the prices in effect on September 1, 1999; (3) service connection for all business services, except that the prices for this service shall be capped until September 1, 2005, at the prices in effect on September 1, 1999; (4) direct inward dialing for basic business services, except that the prices for this service shall be capped until September 1, 2005, at the prices in effect on September 1, 1999; (5) "1-plus" intraLATA message toll services; (6) 0+ and 0- operator services; (7) call waiting, call forwarding, and custom calling, except that: (A) residential call waiting service shall be classified as a basic network service until July 1, 2006; and (B) for an electing company subject to Section 58.301, prices for residential call forwarding and other custom calling services shall be capped at the prices in effect on September 1, 1999, until the electing company implements the reduction in switched access rates described by Section 58.301(2); (8) call return, caller identification, and call control options, except that, for an electing company subject to Section 58.301, prices for residential call return, caller identification, and call control options shall be capped at the prices in effect on September 1, 1999, until the electing company implements the reduction in switched access rates described by Section 58.301(2); (9) central office based PBX-type services; (10) billing and collection services, including installment billing and late payment charges for customers of the electing company; (11) integrated services digital network (ISDN) services, except that prices for Basic Rate Interface (BRI) ISDN services, which comprise up to two 64 Kbps B-channels and one 16 Kbps D-channel, shall be capped until September 1, 2005, at the prices in effect on September 1, 1999; (12) new services; (13) directory assistance services, except that an electing company shall provide to a residential customer the first three directory assistance inquiries in a monthly billing cycle at no charge until July 1, 2006; (14) services described in the WATS tariff as the tariff existed on January 1, 1995; (15) 800 and foreign exchange services; (16) private line service; (17) special access service; (18) services from public pay telephones; (19) paging services and mobile services (IMTS); (20) 911 services provided to a local authority that are available from another provider; (21) speed dialing; (22) three-way calling; and (23) all other services subject to the commission's jurisdiction that are not specifically classified as basic network services in Section 58.051, except that nothing in this section shall preclude a customer from subscribing to a local flat rate residential or business line for a computer modem or a facsimile machine. SECTION 20. Subsection (a), Section 58.258, Utilities Code, is amended to read as follows: (a) Notwithstanding the pricing flexibility authorized by this subtitle, an electing company's rates for private network services may not be increased [on or] before January 1, 2012 [the sixth anniversary of the company's date of election]. However, an electing company may increase a rate in accordance with the provisions of a customer specific contract. SECTION 21. Subchapter G, Chapter 58, Utilities Code, is amended by adding Section 58.268 to read as follows: Sec. 58.268. CONTINUATION OF OBLIGATION. Notwithstanding any other provision of this title, an electing company shall continue to comply with this subchapter until January 1, 2012, regardless of: (1) the date the company elected under this chapter; or (2) any action taken in relation to that company under Chapter 65. SECTION 22. Subsection (a), Section 59.077, Utilities Code, is amended to read as follows: (a) Notwithstanding the pricing flexibility authorized by this subtitle, an electing company's rates for private network services may not be increased [on or] before January 1, 2012 [the sixth anniversary of the company's election date]. SECTION 23. Subchapter D, Chapter 59, Utilities Code, is amended by adding Section 59.083 to read as follows: Sec. 59.083. CONTINUATION OF OBLIGATION. Notwithstanding any other provision of this title, an electing company shall continue to comply with this subchapter until January 1, 2012, regardless of: (1) the date the company elected under this chapter; or (2) any action taken in relation to that company under Chapter 65. SECTION 24. Chapter 60, Utilities Code, is amended by adding Subchapter J to read as follows:SUBCHAPTER J. WHOLESALE CODE OF CONDUCT
  Sec. 60.201. STATEMENT OF POLICY. It is the policy of this state that providers of telecommunications services operate in a manner that is consistent with minimum standards to provide customers with continued competitive choices. Sec. 60.202. APPLICABILITY OF SUBCHAPTER. A provision of this subchapter applies only to the extent the provision has not been preempted by federal law or a rule, regulation, or order of the Federal Communications Commission. Sec. 60.203. MINIMUM SERVICE REQUIREMENTS. A telecommunications provider may not unreasonably: (1) discriminate against another provider by refusing access to an exchange; (2) refuse or delay an interconnection to another provider; (3) degrade the quality of access the telecommunications provider provides to another provider; (4) impair the speed, quality, or efficiency of a line used by another provider; (5) fail to fully disclose in a timely manner on request all available information necessary to design equipment that will meet the specifications of the network; or (6) refuse or delay access by a person to another provider. Sec. 60.204. INTERCONNECTION. A telecommunications provider shall provide interconnection with other telecommunications providers' networks for the transmission and routing of telephone exchange service and exchange access. Sec. 60.205. NUMBER PORTABILITY. A telecommunications provider shall provide number portability in accordance with federal requirements. Sec. 60.206. DUTY TO NEGOTIATE. A telecommunications provider shall negotiate in good faith the terms and conditions of any agreement. Sec. 60.207. DIALING PARITY. (a) A telecommunications provider shall provide dialing parity to competing telecommunications providers of telephone exchange service and telephone toll service. (b) A telecommunications provider shall provide nondiscriminatory access to telephone numbers, operator services, directory assistance, and directory listings and may not delay that access unreasonably. Sec. 60.208. ACCESS TO RIGHTS-OF-WAY. A telecommunications provider shall provide access to poles, ducts, conduits, and rights-of-way to competing providers of telecommunications service on rates, terms, and conditions that are just, reasonable, and nondiscriminatory. Sec. 60.209. RECIPROCAL COMPENSATION. A telecommunications provider shall establish reciprocal compensation arrangements for the transport and termination of telecommunications. Sec. 60.210. ACCESS TO SERVICES. A telecommunications provider shall provide access to: (1) 911 and E-911 service; (2) directory assistance service to allow other telecommunications providers' customers to obtain telephone numbers; and (3) operator call completion service. SECTION 25. Subchapter A, Chapter 62, Utilities Code, is amended by adding Section 62.003 to read as follows: Sec. 62.003. REQUIREMENTS RELATING TO AUDIO AND VIDEO PROGRAMMING. (a) This section applies only to a provider of advanced services or local exchange telephone service that has more than 500,000 access lines in service in this state and that delivers audio programming with localized content or video programming to its subscribers in those service areas where such provider is not regulated as a cable system under federal law. (b) Notwithstanding any other provision of this title, a provider of advanced services or local exchange telephone service shall provide subscribers access to the signals of the local broadcast television and radio stations licensed by the Federal Communications Commission to serve those subscribers over the air; provided with respect to low power television stations, this section shall only apply to those low power television stations that are "qualified low power stations" as defined in 47 U.S.C. Section 534(h)(2). (c) To facilitate access by subscribers of a provider of advanced services or local exchange telephone service to the signals of local broadcast stations, a station either shall be granted mandatory carriage or may request retransmission consent with the provider. (d) This title does not require a provider of advanced services or local exchange telephone service to provide a television or radio station valuable consideration in exchange for carriage. (e) A provider of advanced services or local exchange telephone service shall transmit without degradation the signals a local broadcast station delivers to the provider. The transmission quality offered a broadcast station may not be lower than the quality made available to another broadcast station or video or audio programming source. (f) A provider of advanced services or local exchange telephone service that delivers audio or video programming to its subscribers may not: (1) discriminate among broadcast stations or between broadcast stations on the one hand and programming providers on the other with respect to transmission of their signals, taking into account any consideration afforded a provider of advanced services or local exchange telephone service by any such programming provider or broadcast station; or (2) delete, change, or alter a copyright identification transmitted as part of a broadcast station's signal. (g) A provider of advanced services or local exchange telephone service that delivers audio or video programming shall be subject to any applicable network nonduplication or syndicated exclusivity rules promulgated by the Federal Communications Commission to the extent applicable to cable systems as defined by the commission. (h) A provider of advanced services or local exchange telephone service that delivers audio or video programming to its subscribers shall include all programming providers in a subscriber programming guide, if any, that lists program schedules. SECTION 26. Subtitle C, Title 2, Utilities Code, is amended by adding Chapter 65 to read as follows:CHAPTER 65. DEREGULATION OF CERTAIN INCUMBENT LOCAL EXCHANGE COMPANY MARKETS
  SUBCHAPTER A. GENERAL PROVISIONS
  Sec. 65.001. STATEMENT OF POLICY. It is the policy of this state to provide for full rate and service competition in the telecommunications market of this state so that customers may benefit from innovations in service quality and market-based pricing. Sec. 65.002. DEFINITIONS. In this chapter: (1) "Deregulated company" means an incumbent local exchange company for which all of the company's markets have been deregulated. (2) "Market" means an exchange in which an incumbent local exchange company provides residential local exchange telephone service. (3) "Regulated company" means an incumbent local exchange company for which none of the company's markets have been deregulated. (4) "Stand-alone residential local exchange voice service" means: (A) residential tone dialing service; (B) services and functionalities supported under the lifeline program; (C) access for all residential end users to 911 service provided by a local authority and access to dual party relay service; (D) at the election of the incumbent local exchange company, mandatory residential extended area service arrangements, mandatory residential extended metropolitan service or other mandatory residential toll-free calling arrangements, mandatory expanded local calling service arrangements, or another service that a company is required under a tariff to provide to a customer who subscribes or may subscribe to basic network services; (E) flat rate residential local exchange telephone service delivered by landline, but only if the service is ordered and received independent of: (i) a service classified as a nonbasic service under Section 58.151 or residential call waiting service; (ii) a package of services that includes a service classified as a nonbasic service under Section 58.151; or (iii) another flat rate residential local exchange service delivered by landline; and (F) residential caller identification services if the customer to whom the service is billed is at least 65 years of age. (5) "Transitioning company" means an incumbent local exchange company for which at least one, but not all, of the company's markets has been deregulated. Sec. 65.003. COMMISSION AUTHORITY. (a) Notwithstanding any other provisions of this title, the commission has authority to implement and enforce this chapter. (b) The commission may adopt rules and conduct proceedings necessary to administer and enforce this chapter, including rules to determine whether a market should remain regulated, should be deregulated, or should be reregulated. Sec. 65.004. INFORMATION. (a) The commission may collect and compile information from all telecommunications providers as necessary to implement and enforce this chapter. (b) The commission shall maintain the confidentiality of information collected under this chapter that is claimed to be confidential for competitive purposes. Information that is claimed to be confidential is exempt from disclosure under Chapter 552, Government Code. Sec. 65.005. CUSTOMER PROTECTION. This chapter does not affect a customer's right to complain to the commission regarding a telecommunications provider.[Sections 65.006-65.050 reserved for expansion]
  SUBCHAPTER B. DETERMINATION OF WHETHER MARKET SHOULD BE REGULATED
  Sec. 65.051. MARKETS DEREGULATED. (a) Except as provided by Subsection (b), all markets of all incumbent local exchange companies are deregulated on January 1, 2006, unless the commission determines under Section 65.052(a) that a market or markets should remain regulated. (b) A market of an incumbent local exchange company in which the population in the area included in the market is less than 30,000 is deregulated on January 1, 2007, unless the commission determines under Section 65.052(f) that the market should remain regulated. Sec. 65.052. DETERMINATION OF WHETHER A MARKET SHOULD REMAIN REGULATED. (a) Except as provided by Subsection (f), the commission shall: (1) determine whether each market of an incumbent local exchange company should remain regulated on and after January 1, 2006; and (2) issue a final order classifying the company in accordance with this section effective January 1, 2006. (b) In making a determination under Subsection (a), the commission may not determine that a market should remain regulated if: (1) the population in the area included in the market is at least 100,000; or (2) the population in the area included in the market is at least 30,000 but less than 100,000 and, in addition to the incumbent local exchange company, there are at least three competitors of which: (A) at least one is a telecommunications provider that holds a certificate of operating authority or service provider certificate of operating authority and provides residential local exchange telephone service in the market; (B) at least one is an entity providing residential telephone service in the market using facilities that the entity or its affiliate owns; and (C) at least one is a provider in that market of commercial mobile service as defined by Section 332(d), Communications Act of 1934 (47 U.S.C. Section 151 et seq.), Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993 (Pub. L. No. 103-66), that is not affiliated with the incumbent local exchange company. (c) The commission shall issue an order classifying an incumbent local exchange company as a deregulated company that is subject to Subchapter C if: (1) the company does not have any markets in which the population in the area included in the market is less than 30,000; and (2) the commission does not determine that a market of the company should remain regulated on and after January 1, 2006. (d) Regardless of the population in the area included in an incumbent local exchange company's markets, the commission shall issue an order classifying the company as a transitioning company that is subject to Subchapter D if the commission determines that one or more, but not all, of the markets of the company should remain regulated on and after January 1, 2006. (e) The commission shall issue an order classifying the company as a regulated company that is subject to the provisions of this title that applied to the company on September 1, 2005, if the commission determines that all of the markets of the company in which the population in each area included in the markets is at least 30,000 should remain regulated on and after January 1, 2006. This subsection does not affect the authority of a regulated company to elect under Chapter 58 or 59 after January 1, 2005, and to be regulated under the chapter under which the company elected. (f) Not later than November 30, 2006, the commission shall determine whether a market of an incumbent local exchange company in which the population in the area included in the market is less than 30,000 should remain regulated on or after January 1, 2007. The commission by rule shall determine the market test to be applied in determining whether the market should remain regulated. If the commission does not determine that the market should remain regulated on or after January 1, 2007, and the deregulation of that market results in a transitioning or regulated company no longer meeting the definition of a transitioning or regulated company, as appropriate, the commission shall issue an order reclassifying the company appropriately. Sec. 65.053. INCUMBENT LOCAL EXCHANGE COMPANY MARKETS. (a) Notwithstanding Section 65.052, an incumbent local exchange company may elect to have all of the company's markets remain regulated on and after January 1, 2006. (b) To make an election under Subsection (a), an incumbent local exchange company must file an affidavit with the commission making that election not later than December 1, 2005. (c) If an incumbent local exchange company makes an election under this section, the commission shall issue an order classifying the company as a regulated company that is subject to the provisions of this title that applied to the company on September 1, 2005. This subsection does not affect the authority of a regulated company to elect under Chapter 58 or 59 after January 1, 2005, and to be regulated under the chapter under which the company elected. Sec. 65.054. PETITION FOR DEREGULATION. (a) After July 1, 2007, a company may petition the commission to deregulate a market that the commission previously determined should remain regulated. (b) If the commission deregulates a market under this section and the deregulation results in the transitioning or regulated company no longer meeting the definition of a transitioning or regulated company, as appropriate, the commission shall issue an order reclassifying the company appropriately. Sec. 65.055. COMMISSION AUTHORITY TO REREGULATE CERTAIN MARKETS. (a) This section applies only to a market of an incumbent local exchange company in which the population in the area included in the market is less than 100,000. (b) The commission, on its own motion or on a complaint that the commission considers to have merit, may determine that a market that was previously deregulated should again be subject to regulation. (c) The commission by rule shall prescribe the procedures and standards applicable to a determination under this section.[Sections 65.056-65.100 reserved for expansion]
  SUBCHAPTER C. DEREGULATED COMPANY
  Sec. 65.101. ISSUANCE OF CERTIFICATE OF OPERATING AUTHORITY. (a) A deregulated company may petition the commission to relinquish the company's certificate of convenience and necessity and receive a certificate of operating authority. (b) The commission shall issue the deregulated company a certificate of operating authority and rescind the deregulated company's certificate of convenience and necessity if the commission finds that all of the company's markets have been deregulated under Subchapter B. Sec. 65.102. REQUIREMENTS. (a) A deregulated company that holds a certificate of operating authority issued under this subchapter is a nondominant carrier governed in the same manner as a holder of a certificate of operating authority issued under Chapter 54, except that the deregulated company: (1) retains the obligations of a provider of last resort under Chapter 54; (2) is subject to the following provisions in the same manner as an incumbent local exchange company that is not deregulated: (A) Sections 54.156, 54.158, and 54.159; (B) Section 55.012; and (C) Chapter 60; and (3) may not increase the company's rates for stand-alone residential local exchange voice service before the date that the commission has the opportunity to revise the monthly per line support under the Texas High Cost Universal Service Plan pursuant to Section 56.031, regardless of whether the company is an electing company under Chapter 58. (b) In each deregulated market, a deregulated company shall make available to all residential customers uniformly throughout that market the same price, terms, and conditions for all basic and non-basic services, consistent with any pricing flexibility available to such company on or before August 31, 2005.[Sections 65.103-65.150 reserved for expansion]
  SUBCHAPTER D. TRANSITIONING COMPANY
  Sec. 65.151. PROVISIONS APPLICABLE TO TRANSITIONING COMPANY. A transitioning company is governed by this subchapter and the provisions of this title that applied to the company immediately before the date the company was classified as a transitioning company. If there is a conflict between this subchapter and the other applicable provisions of this title, this subchapter controls. Sec. 65.152. GENERAL REQUIREMENTS. (a) A transitioning company may: (1) exercise pricing flexibility in a market in the manner provided by Section 58.063 one day after providing an informational notice as required by that section; and (2) introduce a new service in a market in the manner provided by Section 58.153 one day after providing an informational notice as required by that section. (b) A transitioning company may not be required to comply with exchange-specific retail quality of service standards or reporting requirements in a market that is deregulated. Sec. 65.153. RATE REQUIREMENTS. (a) In a market that remains regulated, a transitioning company shall price the company's retail services in accordance with the provisions that applied to that company immediately before the date the company was classified as a transitioning company. (b) In a market that is deregulated, a transitioning company shall price the company's retail services as follows: (1) for all services, other than basic local telecommunications service, at any price higher than the service's long run incremental cost; and (2) for basic local telecommunications service, at any price higher than the lesser of the service's long run incremental cost or the tariffed price on the date that market was deregulated, provided that the company may not increase the company's rates for stand-alone residential local exchange voice service before the date that the commission has the opportunity to revise the monthly per line support under the Texas High Cost Universal Service Plan pursuant to Section 56.031, regardless of whether the company is an electing company under Chapter 58. (c) In each deregulated market, a transitioning company shall make available to all residential customers uniformly throughout that market the same price, terms, and conditions for all basic and non-basic services, consistent with any pricing flexibility available to such company on or before August 31, 2005. (d) In any market, regardless of whether regulated or deregulated, the transitioning company may not: (1) establish a retail rate, term, or condition that is anticompetitive or unreasonably preferential, prejudicial, or discriminatory; (2) establish a retail rate for a basic or non-basic service in a deregulated market that is subsidized either directly or indirectly by a basic or non-basic service provided in an exchange that is not deregulated; or (3) engage in predatory pricing or attempt to engage in predatory pricing. (e) A rate that meets the pricing requirements in Subsection (b) shall be deemed compliant with Subsection (d)(2).[Sections 65.154-65.200 reserved for expansion]
  SUBCHAPTER E. REDUCTION OF SWITCHED ACCESS RATES
  Sec. 65.201. REDUCTION OF SWITCHED ACCESS RATES BY DEREGULATED COMPANY. (a) On the date the last market of an incumbent local exchange company is deregulated, the company shall reduce both the company's originating and terminating per minute of use switched access rates in each market to parity with the company's respective federal originating and terminating per minute of use switched access rates. (b) After reducing the rates under Subsection (a), a deregulated company shall maintain parity with the company's federal originating and terminating per minute of use switched access rates. If the company's federal originating and terminating per minute of use switched access rates are changed, the company shall change the company's per minute of use switched access rates in each market as necessary to re-achieve parity with the company's federal originating and terminating per minute of use switched access rates. Sec. 65.202. REDUCTION OF SWITCHED ACCESS RATES BY TRANSITIONING COMPANY WITH MORE THAN THREE MILLION ACCESS LINES. (a) Notwithstanding any other provision of this title, a transitioning company that has more than three million access lines in service in this state on January 1, 2006, shall: (1) on July 1, 2006, reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount equal to 33 percent of the difference in the rates in effect on June 30, 2006, and the company's respective federal originating and terminating per minute of use switched access rates; (2) on July 1, 2007, reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount equal to 33 percent of the difference in the rates in effect on June 30, 2006, and the company's respective federal originating and terminating per minute of use switched access rates; and (3) on July 1, 2008, reduce both the company's originating and terminating per minute of use switched access rates in each market to parity with the company's respective federal originating and terminating per minute of use switched access rates. (b) After reducing the rates under Subsection (a), a transitioning company shall maintain parity with the company's federal originating and terminating per minute of use switched access rates. If the company's federal originating and terminating per minute of use switched access rates are changed, the company shall change the company's per minute of use switched access rates in each market as necessary to re-achieve parity with the company's federal originating and terminating per minute of use switched access rates. Sec. 65.203. REDUCTION OF SWITCHED ACCESS RATES BY CERTAIN TRANSITIONING COMPANIES WITH NOT MORE THAN THREE MILLION ACCESS LINES. (a) Notwithstanding any other provision of this title, a company that is classified as a transitioning company effective January 1, 2006, and that has not more than three million access lines in service in this state on that date shall reduce both the company's originating and terminating per minute of use switched access rates in each market in accordance with this section. (b) On July 1, 2006, the transitioning company shall reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount equal to the lesser of: (1) 25 percent of the difference in the company's rates in effect on June 30, 2006, and the company's respective federal originating and terminating per minute of use switched access rates in effect on that date; or (2) an amount derived by multiplying that difference by a percentage derived by dividing the number of the company's markets that are not regulated on July 1, 2006, by the total number of the company's markets on December 30, 2005. (c) On July 1, 2007, the transitioning company shall reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount equal to the lesser of: (1) 25 percent of the difference in the company's rates in effect on June 30, 2006, and the company's respective federal originating and terminating per minute of use switched access rates in effect on that date; or (2) an amount derived by multiplying that difference by a percentage derived by dividing the number of the company's markets that were deregulated in the prior 12 months by the total number of the company's markets on December 30, 2005. (d) On July 1, 2008, the transitioning company shall reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount equal to the lesser of: (1) 25 percent of the difference in the company's rates in effect on June 30, 2006, and the company's respective federal originating and terminating per minute of use switched access rates in effect on that date; or (2) an amount derived by multiplying that difference by a percentage derived by dividing the number of the company's markets that were deregulated in the prior 12 months by the total number of the company's markets on December 30, 2005. (e) On July 1, 2009, and each succeeding year thereafter on July 1, the transitioning company shall reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount derived by multiplying the difference in the company's rates in effect on June 30, 2006, and the company's respective federal originating and terminating per minute of use switched access rates in effect on that date by a percentage derived by dividing the number of the company's markets that were deregulated in the prior 12 months by the total number of the company's markets on December 30, 2005, except that a transitioning company shall be required to reduce both the company's originating and terminating per minute of use switched access charges to parity with the company's respective federal originating and terminating per minute of use switched access charges if more than 75 percent of the transitioning company's markets are not regulated on July 1 of 2009 or any succeeding year. (f) After reducing the rates under Subsection (e), a transitioning company shall maintain parity with the company's federal originating and terminating per minute of use switched access rates. If the company's federal originating and terminating per minute of use switched access rates are changed, the company shall change the company's per minute of use switched access rates in each market as necessary to re-achieve parity with the company's federal originating and terminating per minute of use switched access rates. Sec. 65.204. REDUCTION OF SWITCHED ACCESS RATES BY NEWLY DESIGNATED TRANSITIONING COMPANY. (a) Notwithstanding any other provision of this title, a company that is classified as a transitioning company after January 1, 2006, shall reduce both the company's originating and terminating per minute of use switched access rates in each market in accordance with this section. (b) On the date the company is classified as a transitioning company, the company shall reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount equal to the lesser of: (1) 25 percent of the difference in the company's rates in effect on the day before the date the company was classified, and the company's respective federal originating and terminating per minute of use switched access rates in effect on that date; or (2) an amount derived by multiplying that difference by a percentage derived by dividing the number of the company's markets that are not regulated on the date the company is classified as a transitioning company by the total number of the company's markets on December 30, 2005. (c) On the first anniversary of the date the company is classified as a transitioning company, the company shall reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount equal to the lesser of: (1) 25 percent of the difference in the company's rates in effect on the day before the date the company was classified, and the company's respective federal originating and terminating per minute of use switched access rates in effect on that date; or (2) an amount derived by multiplying that difference by a percentage derived by dividing the number of the company's markets that were deregulated in the prior 12 months by the total number of the company's markets on December 30, 2005. (d) On the second anniversary of the date the company is classified as a transitioning company, the company shall reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount equal to the lesser of: (1) 25 percent of the difference in the company's rates in effect on the day before the date the company was classified, and the company's respective federal originating and terminating per minute of use switched access rates in effect on that date; or (2) an amount derived by multiplying that difference by a percentage derived by dividing the number of the company's markets that were deregulated in the prior 12 months by the total number of the company's markets on December 30, 2005. (e) On the third anniversary of the date the company is classified as a transitioning company and each anniversary thereafter, the company shall reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount derived by multiplying the difference in the company's rates in effect on the day before the date the company was classified as a transitioning company, and the company's respective federal originating and terminating per minute of use switched access rates in effect on that date by a percentage derived by dividing the number of the company's markets that were deregulated in the prior 12 months by the total number of the company's markets on December 30, 2005, except that a transitioning company shall be required to reduce both the company's originating and terminating per minute of use switched access charges to parity with the company's respective federal originating and terminating per minute of use switched access charges if more than 75 percent of the transitioning company's markets are not regulated on July 1 of 2009 or any succeeding year. (f) After reducing the rates under Subsection (e), a transitioning company shall maintain parity with the company's federal originating and terminating per minute of use switched access rates. If the company's federal originating and terminating per minute of use switched access rates are changed, the company shall change the company's per minute of use switched access rates in each market as necessary to re-achieve parity with the company's federal originating and terminating per minute of use switched access rates. Sec. 65.205. MAINTENANCE OF REDUCTION OR PARITY. (a) After a deregulated or transitioning company reduces the company's rates under this subchapter, the company may not increase those rates above the applicable rates prescribed by this subchapter. (b) If a transitioning company's federal per minute of use switched access rates are reduced, the company shall reduce the company's per minute of use switched access rates to not more than the applicable rates prescribed by this subchapter. (c) Notwithstanding Subsections (a) and (b), a deregulated or transitioning company may decrease the company's per minute of use switched access rates to amounts that are less than the applicable rates prescribed by this subchapter.[Sections 65.206-65.250 reserved for expansion]
  SUBCHAPTER F. LEGISLATIVE OVERSIGHT COMMITTEE
  Sec. 65.251. OVERSIGHT COMMITTEE. (a) In this subchapter, "committee" means the telecommunications competitiveness legislative oversight committee. (b) The committee is composed of nine members as follows: (1) the chair of the Senate Committee on Business and Commerce; (2) the chair of the House Committee on Regulated Industries; (3) three members of the senate appointed by the lieutenant governor; (4) three members of the house of representatives appointed by the speaker of the house of representatives; and (5) the chief executive of the Office of Public Utility Counsel. (c) An appointed member of the committee serves at the pleasure of the appointing official. Sec. 65.252. COMMITTEE DUTIES. (a) The committee shall conduct joint public hearings with the commission at least annually regarding the introduction of full competition to telecommunications services in this state. (b) The commission shall: (1) collect and compile information from all telecommunications providers as necessary to conduct a hearing under this section; and (2) maintain the confidentiality of information collected under this section that is claimed to be confidential for competitive purposes. (c) Information that is claimed to be confidential under Subsection (b) is exempt from disclosure under Chapter 552, Government Code. (d) The commission shall provide to the committee information regarding rules relating to telecommunications deregulation proposed by the commission. The committee may submit comments to the commission on those proposed rules. (e) The committee shall monitor the effectiveness of telecommunications deregulation, including the fairness of rates, the quality of service, and the effect of regulation on the normal forces of competition. (f) The committee may request reports and other information from the commission as necessary to carry out this subchapter. (g) Not later than November 15 of each even-numbered year, the committee shall report to the governor, lieutenant governor, and speaker of the house of representatives on the committee's activities under this subchapter. The report must include: (1) an analysis of any problems caused by telecommunications deregulation; and (2) recommendations for any legislative action necessary to address those problems and to further competition within the telecommunications industry. SECTION 27. Subtitle C, Title 2, Utilities Code, is amended by adding Chapter 66 to read as follows:CHAPTER 66. STATE-ISSUED CABLE AND VIDEO FRANCHISE
  Sec. 66.001. FRANCHISING AUTHORITY. The commission shall be designated as the franchising authority for a state-issued franchise for the provision of cable service or video service. Sec. 66.002. DEFINITIONS. In this chapter: (1) "Actual incremental cost" means only current out-of-pocket expenses for labor, equipment repair, equipment replacement, and tax expenses directly associated with the labor or the equipment of a service provider that is necessarily and directly used to provide what were, under a superseded franchise, in-kind services, exclusive of any profit or overhead such as depreciation, amortization, or administrative expense. (2) "Cable service" is defined as set forth in 47 U.S.C. Section 522(6). (3) "Cable service provider" means a person who provides cable service. (4) "Communications network" means a component or facility that is, wholly or partly, physically located within a public right-of-way and that is used to provide video programming, cable, voice, or data services. (5) "Franchise" means an initial authorization, or renewal of an authorization, issued by a franchising authority, regardless of whether the authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction and operation of a cable or video services network in the public rights-of-way. (6)(A) "Gross revenues" means all consideration of any kind or nature including without limitation cash, credits, property, and in-kind contributions (services or goods) derived by the holder of a state-issued certificate of franchise authority from the operation of the cable service provider's or the video service provider's network to provide cable service or video service within the municipality. Gross revenue shall include all consideration paid to the holder of a state-issued certificate of franchise authority and its affiliates (to the extent either is acting as a provider of a cable service or video service as authorized by this chapter), which shall include but not be limited to the following: (i) all fees charged to subscribers for any and all cable service or video service provided by the holder of a state-issued certificate of franchise authority; (ii) any fee imposed on the holder of a state-issued certificate of franchise authority by this chapter that is passed through and paid by subscribers (including without limitation the franchise fee set forth in this chapter); and (iii) compensation received by the holder of a state-issued certificate of franchise authority or its affiliates that is derived from the operation of the holder of a state-issued certificate of franchise authority's network to provide cable service or video service with respect to commissions that are paid to the holder of a state-issued certificate of franchise authority as compensation for promotion or exhibition of any products or services on the holder of a state-issued certificate of franchise authority's network, such as a "home shopping" or a similar channel, subject to Paragraph (B)(v). Gross revenue includes a pro rata portion of all revenue derived by the holder of a state-issued certificate of franchise authority or its affiliates pursuant to compensation arrangements for advertising derived from the operation of the holder of a state-issued certificate of franchise authority's network to provide cable service or the video service within a municipality, subject to Paragraph (B)(iii). The allocation shall be based on the number of subscribers in the municipality divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement. Advertising commissions paid to third parties shall not be netted against advertising revenue included in gross revenue. Revenue of an affiliate derived from the affiliate's provision of cable service or the video service shall be gross revenue to the extent the treatment of such revenue as revenue of the affiliate and not of the holder of a state-issued certificate of franchise authority has the effect (whether intentional or unintentional) of evading the payment of fees which would otherwise be paid to the municipality. In no event shall revenue of an affiliate be gross revenue to the holder of a state-issued certificate of franchise authority if such revenue is otherwise subject to fees to be paid to the municipality. (B) For purposes of this section, "gross revenues" does not include: (i) any revenue not actually received, even if billed, such as bad debt; (ii) non-cable services or non-video services revenues received by any affiliate or any other person in exchange for supplying goods or services used by the holder of a state-issued certificate of franchise authority to provide cable service or video service; (iii) refunds, rebates, or discounts made to subscribers, leased access providers, advertisers, or a municipality; (iv) any revenues from services classified as non-cable service or non-video service under federal law including without limitation revenue received from telecommunications services; revenue received from information services (but not excluding cable services or video services); and any other revenues attributed by the holder of a state-issued certificate of franchise authority to non-cable service or non-video service in accordance with Federal Communications Commission or commission rules, regulations, standards, or orders; (v) any revenue paid by subscribers to home shopping programmers directly from the sale of merchandise through any home shopping channel offered as part of the cable services or video services, but not excluding any commissions that are paid tothe holder of a state-issued certificate of franchise authority as compensation for promotion or exhibition of any products or services on the holder of a state-issued certificate of franchise authority's network, such as a "home shopping" or a similar channel; (vi) the sale of cable services or video services for resale in which the purchaser is required to collect this chapter's fees from the purchaser's customer. Nothing under this chapter is intended to limit state's rights pursuant to 47 U.S.C. Section 542(h); (vii) the provision of cable services or video services to customers at no charge, as required or allowed by this chapter, including without limitation the provision of cable services or video services to public institutions, as required or permitted in this chapter, including without limitation public schools or governmental entities, as required or permitted in this chapter; (viii) any tax of general applicability imposed upon the holder of a state-issued certificate of franchise authority or upon subscribers by a city, state, federal, or any other governmental entity and required to be collected by the holder of a state-issued certificate of franchise authority and remitted to the taxing entity (including, but not limited to, sales and use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes, and fees not imposed by this chapter); (ix) any forgone revenue from the holder of a state-issued certificate of franchise authority's provision of free or reduced cost cable services or video services to any person including without limitation employees of the holder of a state-issued certificate of franchise authority, to the municipality and other public institutions or other institutions as allowed in this chapter; provided, however, that any forgone revenue which the holder of a state-issued certificate of franchise authority chooses not to receive in exchange for trades, barters, services, or other items of value shall be included in gross revenue; (x) sales of capital assets or sales of surplus equipment that is not used by the purchaser to receive cable services or video services from the holder of a state-issued certificate of franchise authority; (xi) directory or Internet advertising revenue including, but not limited to, yellow pages, white pages, banner advertisement, and electronic publishing; and (xii) reimbursement by programmers of marketing costs incurred by the holder of a state-issued franchise for the introduction of new programming that exceed the actual costs. (C) For purposes of this definition, a provider's network consists solely of the optical spectrum wavelengths, bandwidth, or other current or future technological capacity used for the transmission of video programming over wireline directly to subscribers within the geographic area within the municipality as designated by the provider in its franchise. (7) "Incumbent cable service provider" means the cable service provider serving the largest number of cable subscribers in a particular municipal franchise area on September 1, 2005. (8) "Public right-of-way" means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which a municipality has an interest. (9) "Video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station, as set forth in 47 U.S.C. Section 522(20). (10) "Video service" means video programming services provided through wireline facilities located at least in part in the public right-of-way without regard to delivery technology, including Internet protocol technology. This definition does not include any video service provided by a commercial mobile service provider as defined in 47 U.S.C. Section 332(d). (11) "Video service provider" means a video programming distributor that distributes video programming services through wireline facilities located at least in part in the public right-of-way without regard to delivery technology. This term does not include a cable service provider. Sec. 66.003. STATE AUTHORIZATION TO PROVIDE CABLE SERVICE OR VIDEO SERVICE. (a) An entity or person seeking to provide cable service or video service in this state after September 1, 2005, shall file an application for a state-issued certificate of franchise authority with the commission as required by this section. An entity providing cable service or video service under a franchise agreement with a municipality is not subject to this subsection with respect to such municipality until the franchise agreement expires, except as provided by Section 66.004. (a-1) The commission shall notify an applicant for a state-issued certificate of franchise authority whether the applicant's affidavit described by Subsection (b) is complete before the 15th business day after the applicant submits the affidavit. (b) The commission shall issue a certificate of franchise authority to offer cable service or video service before the 17th business day after receipt of a completed affidavit submitted by the applicant and signed by an officer or general partner of the applicant affirming: (1) that the applicant has filed or will timely file with the Federal Communications Commission all forms required by that agency in advance of offering cable service or video service in this state; (2) that the applicant agrees to comply with all applicable federal and state statutes and regulations; (3) that the applicant agrees to comply with all applicable municipal regulations regarding the use and occupation of public rights-of-way in the delivery of the cable service or video service, including the police powers of the municipalities in which the service is delivered; (4) a description of the service area footprint to be served within the municipality, if applicable, otherwise the municipality to be served by the applicant, which may include certain designations of unincorporated areas, which description shall be updated by the applicant prior to the expansion of cable service or video service to a previously undesignated service area and, upon such expansion, notice to the commission of the service area to be served by the applicant; and (5) the location of the applicant's principal place of business and the names of the applicant's principal executive officers. (c) The certificate of franchise authority issued by the commission shall contain: (1) a grant of authority to provide cable service or video service as requested in the application; (2) a grant of authority to use and occupy the public rights-of-way in the delivery of that service, subject to the laws of this state, including the police powers of the municipalities in which the service is delivered; and (3) a statement that the grant of authority is subject to lawful operation of the cable service or video service by the applicant or its successor in interest. (d) The certificate of franchise authority issued by the commission is fully transferable to any successor in interest to the applicant to which it is initially granted. A notice of transfer shall be filed with the commission and the relevant municipality within 14 business days of the completion of such transfer. (e) The certificate of franchise authority issued by the commission may be terminated by the cable service provider or video service provider by submitting notice to the commission. Sec. 66.004. ELIGIBILITY FOR COMMISSION-ISSUED FRANCHISE. (a) A cable service provider or a video service provider that currently has or had previously received a franchise to provide cable service or video service with respect to such municipalities is not eligible to seek a state-issued certificate of franchise authority under this chapter as to those municipalities until the expiration date of the existing franchise agreement, except as provided by Subsections (b) and (c). (b) Beginning September 1, 2005, a cable service provider or video service provider that is not the incumbent cable service provider and serves fewer than 40 percent of the total cable customers in a particular municipal franchise area may elect to terminate that municipal franchise and seek a state-issued certificate of franchise authority by providing written notice to the commission and the affected municipality before January 1, 2006. The municipal franchise is terminated on the date the commission issues the state-issued certificate of franchise authority. (c) A cable service provider that serves fewer than 40 percent of the total cable customers in a municipal franchise area and that elects under Subsection (b) to terminate an existing municipal franchise is responsible for remitting to the affected municipality before the 91st day after the date the municipal franchise is terminated any accrued but unpaid franchise fees due under the terminated franchise. If the cable service provider has credit remaining from prepaid franchise fees, the provider may deduct the amount of the remaining credit from any future fees or taxes it must pay to the municipality, either directly or through the comptroller. (d) For purposes of this section, a cable service provider or video service provider will be deemed to have or have had a franchise to provide cable service or video service in a specific municipality if any affiliates or successor entity of the cable or video provider has or had a franchise agreement granted by that specific municipality. (e) The terms "affiliates or successor entity" in this section shall include but not be limited to any entity receiving, obtaining, or operating under a municipal cable or video franchise through merger, sale, assignment, restructuring, or any other type of transaction. (f) Except as provided in this chapter, nothing in this chapter is intended to abrogate, nullify, or adversely affect in any way the contractual rights, duties, and obligations existing and incurred by a cable service provider or a video service provider before the enactment of this chapter, and owed or owing to any private person, firm, partnership, corporation, or other entity including without limitation those obligations measured by and related to the gross revenue hereafter received by the holder of a state-issued certificate of franchise authority for services provided in the geographic area to which such prior franchise or permit applies. All liens, security interests, royalties, and other contracts, rights, and interests in effect on September 1, 2005, shall continue in full force and effect, without the necessity for renewal, extension, or continuance, and shall be paid and performed by the holder of a state-issued certificate of franchise authority, and shall apply as though the revenue generated by the holder of a state-issued certificate of franchise authority continued to be generated pursuant to the permit or franchise issued by the prior local franchising authority or municipality within the geographic area to which the prior permit or franchise applies. It shall be a condition to the issuance and continuance of a state-issued certificate of franchise authority that the private contractual rights and obligations herein described continue to be honored, paid, or performed to the same extent as though the cable service provider continued to operate under its prior franchise or permit, for the duration of such state-issued certificate of franchise authority and any renewals or extensions thereof, and that the applicant so agrees. Any person, firm, partnership, corporation, or other entity holding or claiming rights herein reserved may enforce same by an action brought in a court of competent jurisdiction. Sec. 66.005. FRANCHISE FEE. (a) The holder of a state-issued certificate of franchise authority shall pay each municipality in which it provides cable service or video service a franchise fee of five percent based upon the definition of gross revenues as set forth in this chapter. That same franchise fee structure shall apply to any unincorporated areas that are annexed by a municipality after the effective date of the state-issued certificate of franchise authority. (b) The franchise fee payable under this section is to be paid quarterly, within 45 days after the end of the quarter for the preceding calendar quarter. Each payment shall be accompanied by a summary explaining the basis for the calculation of the fee. A municipality may review the business records of the cable service provider or video service provider to the extent necessary to ensure compensation in accordance with Subsection (a). Each party shall bear the party's own costs of the examination. A municipality may, in the event of a dispute concerning compensation under this section, bring an action in a court of competent jurisdiction. (c) The holder of a state-issued certificate of franchise authority may recover from the provider's customers any fee imposed by this chapter. Sec. 66.006. IN-KIND CONTRIBUTIONS TO MUNICIPALITY. (a) Until the expiration of the incumbent cable service provider's agreement, the holder of a state-issued certificate of franchise authority shall pay a municipality in which it is offering cable service or video service the same cash payments on a per subscriber basis as required by the incumbent cable service provider's franchise agreement. All cable service providers and all video service providers shall report quarterly to the municipality the total number of subscribers served within the municipality. The amount paid by the holder of a state-issued certificate of franchise authority shall be calculated quarterly by the municipality by multiplying the amount of cash payment under the incumbent cable service provider's franchise agreement by a number derived by dividing the number of subscribers served by a video service provider or cable service provider by the total number of video or cable service subscribers in the municipality. Such pro rata payments are to be paid quarterly to the municipality within 45 days after the end of the quarter for the preceding calendar quarter. (b) On the expiration of the incumbent cable service provider's agreement, the holder of a state-issued certificate of franchise authority shall pay a municipality in which it is offering cable service or video service one percent of the provider's gross revenues, as defined by this chapter, or at the municipality's election, the per subscriber fee that was paid to the municipality under the expired incumbent cable service provider's agreement, in lieu of in-kind compensation and grants. Payments under this subsection shall be paid in the same manner as outlined in Section 66.005(b). (c) All fees paid to municipalities under this section are paid in accordance with 47 U.S.C. Sections 531 and 541(a)(4)(B) and may be used by the municipality as allowed by federal law; further, these payments are not chargeable as a credit against the franchise fee payments authorized under this chapter. (d) The following services shall continue to be provided by the cable provider that was furnishing services pursuant to its municipal cable franchise until January 1, 2008, or until the term of the franchise was to expire, whichever is later, and thereafter as provided in Subdivisions (1) and (2) below: (1) institutional network capacity, however defined or referred to in the municipal cable franchise but generally referring to a private line data network capacity for use by the municipality for noncommercial purposes, shall continue to be provided at the same capacity as was provided to the municipality prior to the date of the termination, provided that the municipality will compensate the provider for the actual incremental cost of the capacity; and (2) cable services to community public buildings, such as municipal buildings and public schools, shall continue to be provided to the same extent provided immediately prior to the date of the termination. Beginning on January 1, 2008, or the expiration of the franchise agreement, whichever is later, a provider that provides the services may deduct from the franchise fee to be paid to the municipality an amount equal to the actual incremental cost of the services if the municipality requires the services after that date. Such cable service generally refers to the existing cable drop connections to such facilities and the tier of cable service provided pursuant to the franchise at the time of the termination. Sec. 66.007. BUILD-OUT. The holder of a state-issued certificate of franchise authority shall not be required to comply with mandatory build-out provisions. Sec. 66.008. CUSTOMER SERVICE STANDARDS. The holder of a state-issued certificate of franchise authority shall comply with customer service requirements consistent with 47 C.F.R. Section 76.309(c) until there are two or more providers offering service, excluding direct-to-home satellite service, in the relevant municipality. Sec. 66.009. PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS CHANNELS. (a) Not later than 120 days after a request by a municipality, the holder of a state-issued certificate of franchise authority shall provide the municipality with capacity in its communications network to allow public, educational, and governmental (PEG) access channels for noncommercial programming. (b) The holder of a state-issued certificate of franchise authority shall provide no fewer than the number of PEG access channels a municipality has activated under the incumbent cable service provider's franchise agreement as of September 1, 2005. (c) If a municipality did not have PEG access channels as of September 1, 2005, the cable service provider or video service provider shall furnish: (1) up to three PEG channels for a municipality with a population of at least 50,000; and (2) up to two PEG channels for a municipality with a population of less than 50,000. (d) Any PEG channel provided pursuant to this section that is not utilized by the municipality for at least eight hours a day shall no longer be made available to the municipality, but may be programmed at the cable service provider's or video service provider's discretion. At such time as the municipality can certify to the cable service provider or video service provider a schedule for at least eight hours of daily programming, the cable service provider or video service provider shall restore the previously lost channel but shall be under no obligation to carry that channel on a basic or analog tier. (e) In the event a municipality has not utilized the minimum number of access channels as permitted by Subsection (c), access to the additional channel capacity allowed in Subsection (c) shall be provided upon 90 days' written notice if the municipality meets the following standard: if a municipality has one active PEG channel and wishes to activate an additional PEG channel, the initial channel shall be considered to be substantially utilized when 12 hours are programmed on that channel each calendar day. In addition, at least 40 percent of the 12 hours of programming for each business day on average over each calendar quarter must be nonrepeat programming. Nonrepeat programming shall include the first three video-castings of a program. If a municipality is entitled to three PEG channels under Subsection (c) and has in service two active PEG channels, each of the two active channels shall be considered to be substantially utilized when 12 hours are programmed on each channel each calendar day and at least 50 percent of the 12 hours of programming for each business day on average over each calendar quarter is nonrepeat programming for three consecutive calendar quarters. (f) The operation of any PEG access channel provided pursuant to this section shall be the responsibility of the municipality receiving the benefit of such channel, and the holder of a state-issued certificate of franchise authority bears only the responsibility for the transmission of such channel. The holder of a state-issued certificate of franchise authority shall be responsible for providing the connectivity to each PEG access channel distribution point up to the first 200 feet. (g) The municipality must ensure that all transmissions, content, or programming to be transmitted over a channel or facility by a holder of a state-issued certificate of franchise authority are provided or submitted to the cable service provider or video service provider in a manner or form that is capable of being accepted and transmitted by a provider, without requirement for additional alteration or change in the content by the provider, over the particular network of the cable service provider or video service provider, which is compatible with the technology or protocol utilized by the cable service provider or video service provider to deliver services. (h) Where technically feasible, the holder of a state-issued certificate of franchise authority and an incumbent cable service provider shall use reasonable efforts to interconnect their cable or video systems for the purpose of providing PEG programming. Interconnection may be accomplished by direct cable, microwave link, satellite, or other reasonable method of connection. Holders of a state-issued certificate of franchise authority and incumbent cable service providers shall negotiate in good faith and incumbent cable service providers may not withhold interconnection of PEG channels. (i) A court of competent jurisdiction shall have exclusive jurisdiction to enforce any requirement under this section. Sec. 66.010. NONDISCRIMINATION BY MUNICIPALITY. (a) A municipality shall allow the holder of a state-issued certificate of franchise authority to install, construct, and maintain a communications network within a public right-of-way and shall provide the holder of a state-issued certificate of franchise authority with open, comparable, nondiscriminatory, and competitively neutral access to the public right-of-way. All use of a public right-of-way by the holder of a state-issued certificate of franchise authority is nonexclusive and subject to Section 66.011. (b) A municipality may not discriminate against the holder of a state-issued certificate of franchise authority regarding: (1) the authorization or placement of a communications network in a public right-of-way; (2) access to a building; or (3) a municipal utility pole attachment term. Sec. 66.011. MUNICIPAL POLICE POWER; OTHER AUTHORITY. (a) A municipality may enforce police power-based regulations in the management of a public right-of-way that apply to the holder of a state-issued certificate of franchise authority within the municipality. A municipality may enforce police power-based regulations in the management of the activities of the holder of a state-issued certificate of franchise authority to the extent that they are reasonably necessary to protect the health, safety, and welfare of the public. Police power-based regulation of the holder of a state-issued certificate of franchise authority's use of the public right-of-way must be competitively neutral and may not be unreasonable or discriminatory. A municipality may not impose on activities of the holder of a state-issued certificate of franchise authority a requirement: (1) that particular business offices be located in the municipality; (2) regarding the filing of reports and documents with the municipality that are not required by state or federal law and that are not related to the use of the public right-of-way except that a municipality may request maps and records maintained in the ordinary course of business for purposes of locating the portions of a communications network that occupy public rights-of-way. Any maps or records of the location of a communications network received by a municipality shall be confidential and exempt from disclosure under Chapter 552, Government Code, and may be used by a municipality only for the purpose of planning and managing construction activity in the public right-of-way. A municipality may not request information concerning the capacity or technical configuration of the holder of a state-issued certificate of franchise authority's facilities; (3) for the inspection of the holder of a state-issued certificate of franchise authority's business records except to extent permitted under Section 66.005(b); (4) for the approval of transfers of ownership or control of the holder of a state-issued certificate of franchise authority's business, except that a municipality may require that the holder of a state-issued certificate of franchise authority maintain a current point of contact and provide notice of a transfer within a reasonable time; or (5) that the holder of a state-issued certificate of franchise authority that is self-insured under the provisions of state law obtain insurance or bonding for any activities within the municipality, except that a self-insured provider shall provide substantially the same defense and claims processing as an insured provider. A bond may not be required from a provider for any work consisting of aerial construction except that a reasonable bond may be required of a provider that cannot demonstrate a record of at least four years' performance of work in any municipal public right-of-way free of currently unsatisfied claims by a municipality for damage to the right-of-way. (b) Notwithstanding any other law, a municipality may require the issuance of a construction permit, without cost, to the holder of a state-issued certificate of franchise authority that is locating facilities in or on a public right-of-way in the municipality. The terms of the permit shall be consistent with construction permits issued to other persons excavating in a public right-of-way. (c) In the exercise of its lawful regulatory authority, a municipality shall promptly process all valid and administratively complete applications of the holder of a state-issued certificate of franchise authority for a permit, license, or consent to excavate, set poles, locate lines, construct facilities, make repairs, affect traffic flow, or obtain zoning or subdivision regulation approvals or other similar approvals. A municipality shall make every reasonable effort not to delay or unduly burden the provider in the timely conduct of the provider's business. (d) If there is an emergency necessitating response work or repair, the holder of a state-issued certificate of franchise authority may begin the repair or emergency response work or take any action required under the circumstances without prior approval from the affected municipality, if the holder of a state-issued certificate of franchise authority notifies the municipality as promptly as possible after beginning the work and later obtains any approval required by a municipal ordinance applicable to emergency response work. (e) The commission shall have no jurisdiction to review such police power-based regulations and ordinances adopted by a municipality to manage the public rights-of-way. Sec. 66.012. INDEMNITY IN CONNECTION WITH RIGHT-OF-WAY; NOTICE OF LIABILITY. (a) The holder of a state-issued certificate of franchise authority shall indemnify and hold a municipality and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney's fees and costs of defense), proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including personal or bodily injury (including death), property damage, or other harm for which recovery of damages is sought, that is found by a court of competent jurisdiction to be caused solely by the negligent act, error, or omission of the holder of a state-issued certificate of franchise authority or any agent, officer, director, representative, employee, affiliate, or subcontractor of the holder of a state-issued certificate of franchise authority or their respective officers, agents, employees, directors, or representatives, while installing, repairing, or maintaining facilities in a public right-of-way. The indemnity provided by this subsection does not apply to any liability resulting from the negligence of the municipality or its officers, employees, contractors, or subcontractors. If the holder of a state-issued certificate of franchise authority and the municipality are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of this state without, however, waiving any governmental immunity available to the municipality under state law and without waiving any defenses of the parties under state law. This subsection is solely for the benefit of the municipality and the holder of a state-issued certificate of franchise authority and does not create or grant any rights, contractual or otherwise, for or to any other person or entity. (b) The holder of a state-issued certificate of franchise authority and a municipality shall promptly advise the other in writing of any known claim or demand against the holder of a state-issued certificate of franchise authority or the municipality related to or arising out of the holder of a state-issued certificate of franchise authority's activities in a public right-of-way. (c) The commission shall have no jurisdiction to review such police power-based regulations and ordinances adopted by a municipality to manage the public rights-of-way. Sec. 66.013. MUNICIPAL AUTHORITY. In addition to a municipality's authority to exercise its nondiscriminatory police power with respect to public rights-of-way under current law, a municipality's authority to regulate the holder of state-issued certificate of franchise authority is limited to: (1) a requirement that the holder of a state-issued certificate of franchise authority who is providing cable service or video service within the municipality register with the municipality and maintain a point of contact; (2) the establishment of reasonable guidelines regarding the use of public, educational, and governmental access channels; and (3) submitting reports within 30 days on the customer service standards referenced in Section 66.008 if the provider is subject to those standards and has continued and unresolved customer service complaints indicating a clear failure on the part of the holder of a state-issued certificate of franchise authority to comply with the standards. Sec. 66.014. DISCRIMINATION PROHIBITED. (a) The purpose of this section is to prevent discrimination among potential residential subscribers. (b) A cable service provider or video service provider that has been granted a state-issued certificate of franchise authority may not deny access to service to any group of potential residential subscribers because of the income of the residents in the local area in which such group resides. (c) An affected person may seek enforcement of the requirements described by Subsection (b) by initiating a proceeding with the commission. A municipality within which the potential residential cable service or video service subscribers referenced in Subsection (b) may be considered an affected person for purposes of this section. (d) The holder of a state-issued certificate of franchise authority shall have a reasonable period of time to become capable of providing cable service or video service to all households within the designated franchise area as defined in Section 66.003(b)(4) and may satisfy the requirements of this section through the use of an alternative technology that provides comparable content, service, and functionality. (e) Notwithstanding any provision of this chapter, the commission has the authority to make the determination regarding the comparability of the technology and the service provided. Notwithstanding any provision of this chapter, the commission has the authority to monitor the deployment of cable services, video services, or alternate technology. Sec. 66.015. COMPLIANCE. (a) Should the holder of a state-issued certificate of franchise authority be found by a court of competent jurisdiction to be in noncompliance with the requirements of this chapter, the court shall order the holder a state-issued certificate of franchise authority, within a specified reasonable period of time, to cure such noncompliance. Failure to comply shall subject the holder of the state-issued franchise of franchise authority to penalties as the court shall reasonably impose, up to and including revocation of the state-issued certificate of franchise authority granted under this chapter. (b) A municipality within which the provider offers cable service or video service shall be an appropriate party in any such litigation. Sec. 66.016. APPLICABILITY OF OTHER LAWS. (a) Nothing in this chapter shall be interpreted to prevent a voice provider, cable service provider or video service provider, or municipality from seeking clarification of its rights and obligations under federal law or to exercise any right or authority under federal or state law. (b) Nothing in this chapter shall limit the ability of a municipality under existing law to receive compensation for use of the public rights-of-way from entities determined not to be subject to all or part of this chapter, including but not limited to provider of Internet protocol cable or video services, unless such payments are expressly prohibited by federal law. Sec. 66.017. STUDY. (a) The telecommunications competitiveness legislative oversight committee shall conduct a joint interim study with the commission regarding the following: (1) appropriate alternative forms of competitively neutral compensation methodology that should flow to municipalities from all sources related to the provision of information services, telecommunication services, cable services, and video services; (2) right-of-way access and fees; (3) the transition from local franchise authority to state-issued authority, including methods to maintain current municipal revenue streams, including franchise fees and in-kind contributions; continuation of public, educational, and governmental access channels; and build-out requirements; and (4) other relevant issues. (b) The committee shall report its findings to the lieutenant governor and speaker of the House of Representatives no later than December 31, 2006. (c) This section expires January 1, 2007. SECTION 28. Section 283.002, Local Government Code, is amended by amending Subdivision (2) and adding Subdivision (7) to read as follows: (2) "Certificated telecommunications provider" means a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the commission to offer local exchange telephone service or a person who provides voice service. (7) "Voice service" means voice communications services provided through wireline facilities located at least in part in the public right-of-way, without regard to the delivery technology, including Internet protocol technology. The term does not include voice service provided by a commercial mobile service provider as defined by 47 U.S.C. Section 332(d). SECTION 29. The following provisions of the Utilities Code are repealed: (1) Subchapters B through F, Chapter 62; and (2) Chapters 61 and 63. SECTION 30. The Public Utility Commission of Texas shall conduct a study to determine whether Title 2, Utilities Code, adequately preserves customer choice in the Internet-enabled applications employed in association with broadband service and shall report its conclusions and recommendations to the legislature not later than January 1, 2007. The study must include consultation with and comment from all interested parties. SECTION 31. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. SECTION 32. This Act takes effect September 1, 2005, if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for effect on that date, this Act takes effect on the 91st day after the last day of the legislative session. ______________________________ ______________________________ President of the Senate Speaker of the House
  I hereby certify that S.B. No. 5 passed the Senate on August 9, 2005, by the following vote: Yeas 24, Nays 3, one present not voting.______________________________ Secretary of the Senate I hereby certify that S.B. No. 5 passed the House on August 10, 2005, by the following vote: Yeas 144, Nays 1, one present not voting.______________________________ Chief Clerk of the House Approved:______________________________ Date______________________________ Governor79(2) SB 5 - Enrolled version - Bill Text S.B. No. 5 AN ACT
  relating to furthering competition in the communications industry. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 33.001, Utilities Code, is amended to read as follows: Sec. 33.001. MUNICIPAL JURISDICTION. (a) To provide fair, just, and reasonable rates and adequate and efficient services, the governing body of a municipality has exclusive original jurisdiction over the rates, operations, and services of an electric utility in areas in the municipality, subject to the limitations imposed by this title. (b) Notwithstanding Subsection (a), the governing body of a municipality shall not have jurisdiction over the BPL system, BPL services, telecommunications using BPL services, or the rates, operations, or services of the electric utility or transmission and distribution utility to the extent that such rates, operations, or services are related, wholly or partly, to the construction, maintenance, or operation of a BPL system used to provide BPL services to affiliated or unaffiliated entities. SECTION 2. Subtitle B, Title 2, Utilities Code, is amended by adding Chapter 43 to read as follows:CHAPTER 43. USE OF ELECTRIC DELIVERY SYSTEM FOR ACCESS TO BROADBAND AND OTHER ENHANCED SERVICES, INCLUDING COMMUNICATIONS
  SUBCHAPTER A. GENERAL PROVISIONS
  Sec. 43.001. LEGISLATIVE FINDINGS. (a) The legislature finds that broadband over power lines, also known as BPL, is an emerging technology platform that offers a means of providing broadband services to reach homes and businesses. BPL services can also be used to enhance existing electric delivery systems, which can result in improved service and reliability for electric customers. (b) The legislature finds that access to quality, high speed broadband services is important to this state. BPL deployment in Texas has the potential to extend broadband service to customers where broadband access is currently not available and may provide an additional option for existing broadband consumers in Texas, resulting in a more competitive market for broadband services. The legislature further finds that BPL development in Texas is fully dependent upon the participation of electric utilities in this state that own and operate power lines and related facilities that are necessary for the construction of BPL systems and the provision of BPL services. (c) Consistent with the goal of increasing options for telecommunications in this state, the legislature finds that it is in the public interest to encourage the deployment of BPL by permitting affiliates of the electric utility, or permitting unaffiliated entities, to own or operate all or a portion of such BPL systems. The purpose of this chapter is to provide the appropriate framework to support the deployment of BPL. (d) The legislature finds that an electric utility may choose to implement BPL under the procedures set forth in this chapter, but is not required to do so. The electric utility shall have the right to decide, in its sole discretion, whether to implement BPL and may not be penalized for deciding to implement or not to implement BPL. Sec. 43.002. APPLICABILITY. (a) This chapter applies to an electric utility whether or not the electric utility is offering customer choice under Chapter 39. (b) If there is a conflict between the specific provisions of this chapter and any other provisions of this title, the provisions of this chapter control. (c) No provision of this title shall impose an obligation on an electric utility to implement BPL, to provide broadband services, or to allow others to install BPL facilities or use the electric utility's facilities for the provision of broadband services. Sec. 43.003. DEFINITIONS. In this chapter: (1) "BPL," "broadband over power lines," and "BPL services" mean the provision of broadband services over electric power lines and related facilities, whether above ground or in underground conduit. (2) "BPL access" means the ability to access broadband services via a BPL operator or BPL Internet service provider. (3) "BPL operator" means an entity that owns or operates a BPL system on the electric power lines and related facilities of an electric utility. (4) "BPL Internet service provider" and "BPL ISP" mean an entity that provides Internet services to others on a wholesale basis or to end-use customers on a retail basis. (5) "BPL system" means the materials, equipment, and other facilities installed on electric utility property to facilitate the provision of BPL services. (6) "BPL electric utility applications" means services and technologies that are used and useful and designed to improve the operational performance and service reliability of an electric utility including, but not limited to, automated meter reading, real time system monitoring and meter control, remote service control, outage detection and restoration, predictive maintenance and diagnostics, and monitoring and enhancement of power quality. (7) "Electric delivery system" means the power lines and related transmission and distribution facilities used by an electric utility to deliver electric energy. (8) "Electric utility" shall include an electric utility and a transmission and distribution utility as defined in Section 31.002(6) or (19).[Sections 43.004-43.050 reserved for expansion]
  SUBCHAPTER B. DEVELOPMENT OF BPL SYSTEMS
  Sec. 43.051. AUTHORIZATION FOR BPL SYSTEM. An affiliate of an electric utility or a person unaffiliated with an electric utility may own, construct, maintain, and operate a BPL system and provide BPL services on an electric utility's electric delivery system consistent with the requirements of this chapter. Nothing in this chapter shall prohibit an entity defined in Section 11.003(9) from providing BPL service or owning and operating a BPL system. Nothing in this chapter shall prohibit an electric utility from providing construction or maintenance services to a BPL operator or BPL ISP provided that the costs of these services are properly accounted for between the electric utility and the BPL operator or BPL ISP. Sec. 43.052. OWNERSHIP AND OPERATION OF BPL SYSTEM. (a) An electric utility may elect to: (1) allow an affiliate to own or operate a BPL system on the utility's electric delivery system; (2) allow an unaffiliated entity to own or operate a BPL system on the electric utility's electric delivery system; or (3) allow an affiliate or unaffiliated entity to provide Internet service over a BPL system. (b) The BPL operator and the electric utility shall determine what BPL Internet service providers may have access to broadband capacity on the BPL system. Sec. 43.053. FEES AND CHARGES. (a) An electric utility that allows an affiliate or an unaffiliated entity to own a BPL system on the electric utility's electric delivery system shall charge the owner of the BPL system for the use of the electric utility's electric delivery system. (b) An electric utility may pay a BPL owner, a BPL operator, or a BPL ISP for the use of the BPL system required to operate BPL utility applications. (c) If all or part of a BPL system is installed on poles or other structures of a telecommunications utility as that term is defined in Section 51.002, the owner of the BPL system shall be required to pay the telecommunications utility an annual fee consistent with the usual and customary charges for access to the space occupied by that portion of the BPL system so installed. (d) Notwithstanding Subsections (a)-(c): (1) an electric utility may not charge an affiliate under this section an amount less than the electric utility would charge an unaffiliated entity for the same item or class of items; (2) an electric utility may not pay an affiliate under this section an amount more than the affiliate would charge an unaffiliated entity for the same item or class of items; and (3) an electric utility or an affiliate of an electric utility may not discriminate against a retail electric provider that is not affiliated with the utility in the terms or availability of BPL services. Sec. 43.054. NO ADDITIONAL EASEMENTS OR CONSIDERATION REQUIRED. Because BPL systems provide benefits to electric delivery systems, the installation of a BPL system on an electric delivery system shall not require the electric utility or the owner of the BPL system or an entity defined in Section 11.003(9) to obtain or expand easements or other rights-of-way for the BPL system or to give additional consideration as a result of the installation or the operation of a BPL system. For purposes of this section, installation of a BPL system shall be deemed to be consistent with installation of an electric delivery system. Sec. 43.055. RELIABILITY OF ELECTRIC SYSTEMS MAINTAINED. An electric utility that allows the installation and operation of a BPL system on its electric delivery system shall employ all reasonable measures to ensure that the operation of the BPL system does not interfere with or diminish the reliability of the utility's electric delivery system. Should a disruption in the provision of electric service occur, the electric utility shall be governed by the terms and conditions of the retail electric delivery service tariff. At all times, the provision of broadband services shall be secondary to the reliable provision of electric delivery services.[Sections 43.056-43.100 reserved for expansion]
  SUBCHAPTER C. IMPLEMENTATION OF BPL SYSTEM BY
  ELECTRIC UTILITY
  Sec. 43.101. PARTICIPATION BY ELECTRIC UTILITY. (a) An electric utility, through an affiliate or through an unaffiliated entity, may elect to install and operate a BPL system on some or all of its electric delivery system in any part or all of its certificated service area. (b) The installation, operation, and use of a BPL system and the provision of BPL services shall not be regulated by any state agency, a municipality, or local government other than as provided for in this chapter. (c) The commission or a state or local government or a regulatory or quasi-governmental or a quasi-regulatory authority may not: (1) require an electric utility, either through an affiliate or an unaffiliated entity, to install a BPL system on its power lines or offer BPL services in all or any part of the electric utility's certificated service area; (2) require an electric utility to allow others to install a BPL system on the utility's electric delivery system in any part or all of the electric utility's certificated service area; or (3) prohibit an electric utility from having an affiliate or unaffiliated entity install a BPL system or offering BPL services in any part or all of the electric utility's certificated service area. (d) If a municipality or local government is already collecting a charge or fee from the electric utility for the use of the public rights-of-way for the delivery of electricity to retail electric customers, the municipality or local government is prohibited from requiring a franchise or an amendment to a franchise or from requiring a charge, fee, or tax from any entity for use of the public rights-of-way for a BPL system. (e) The state or a municipality may impose a charge on the provision of BPL services, but the charge may not be greater than the lowest charge that the state or municipality imposes on other providers of broadband services for use of the public rights-of-way in its respective jurisdiction. Sec. 43.102. COST RECOVERY FOR DEPLOYMENT OF BPL AND UTILITY APPLICATIONS. (a) Where an electric utility permits the installation of a BPL system on its electric delivery system under Section 43.052(a), the electric utility's investment in that BPL system to directly support the BPL electric utility applications and other BPL services consumed by the electric utility that are used and useful in providing electric utility service shall be eligible for inclusion in the electric utility's invested capital, and any fees or operating expenses that are reasonable and necessary shall be eligible for inclusion as operating expenses for purposes of any proceeding under Chapter 36. The invested capital and expenses described in this section must be allocated to the customer classes directly receiving the services. (b) In any proceeding under Chapter 36, just and reasonable charges for the use of the electric utility's electric delivery system by a BPL owner or operator shall be limited to the usual and customary pole attachment charges paid to the electric utility for comparable space by cable television operators. (c) The revenues of an affiliated BPL operator or an affiliated BPL ISP shall not be deemed the revenues of an electric utility for purposes of setting rates under Chapter 36.[Sections 43.103-43.150 reserved for expansion]
  SUBCHAPTER D. MISCELLANEOUS PROVISIONS
  Sec. 43.151. AFFILIATES OF ELECTRIC UTILITY. (a) Subject to the limitations of this chapter, an electric utility may have a full or partial ownership interest in a BPL operator or a BPL ISP. Whether a BPL operator or a BPL ISP is an affiliate of the electric utility shall be determined under Section 11.003(2) or Section 11.006. (b) Neither a BPL operator nor a BPL ISP shall be considered a "competitive affiliate" of an electric utility as that term is defined in Section 39.157. Sec. 43.152. COMPLIANCE WITH FEDERAL LAW. BPL operators shall comply with all applicable federal laws, including those protecting licensed spectrum users from interference by BPL systems. The operator of a radio frequency device shall be required to cease operating the device upon notification by a Federal Communications Commission or Public Utilities Commission representative that the device is causing harmful interference. Operation shall not resume until the condition causing the harmful interference has been corrected. SECTION 3. Section 52.155, Utilities Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows: (a) A telecommunications utility that holds a certificate of operating authority or a service provider certificate of operating authority may not charge a higher amount for originating or terminating intrastate switched access than the prevailing rates charged by the holder of the certificate of convenience and necessity or the holder of a certificate of operating authority issued under Chapter 65 in whose territory the call originated or terminated unless: (1) the commission specifically approves the higher rate; or (2) subject to commission review, the telecommunications utility establishes statewide average composite originating and terminating intrastate switched access rates based on a reasonable approximation of traffic originating and terminating between all holders of certificates of convenience and necessity in this state. (c) Notwithstanding Subsection (a), Chapter 65 governs the switched access rates of a company that holds a certificate of operating authority issued under Chapter 65. SECTION 4. Subchapter D, Chapter 52, Utilities Code, is amended by adding Section 52.156 to read as follows: Sec. 52.156. RETAIL RATES, TERMS, AND CONDITIONS. A telecommunications utility may not: (1) establish a retail rate, term, or condition that is anticompetitive or unreasonably preferential, prejudicial, or discriminatory; or (2) engage in predatory pricing or attempt to engage in predatory pricing. SECTION 5. Section 54.202, Utilities Code, is amended by adding Subsection (c) to read as follows: (c) This section may not be construed to prevent a municipally owned utility from providing to its energy customers, either directly or indirectly, any energy related service involving the transfer or receipt of information or data concerning the use, measurement, monitoring, or management of energy utility services provided by the municipally owned utility, including services such as load management or automated meter reading. SECTION 6. Subsections (a), (b), and (c), Section 54.204, Utilities Code, are amended to read as follows: (a) Notwithstanding Section 14.008, a municipality or a municipally owned utility may not discriminate against a certificated telecommunications provider [telecommunications utility] regarding: (1) the authorization or placement of a [telecommunications] facility in a public right-of-way; (2) access to a building; or (3) a municipal utility pole attachment rate or term[, to the extent not addressed by federal law]. (b) In granting consent, a franchise, or a permit for the use of a public street, alley, or right-of-way within its municipal boundaries, a municipality or municipally owned utility may not discriminate in favor of or against a certificated telecommunications provider [telecommunications utility that holds or has applied for a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority] regarding: (1) municipal utility pole attachment or underground conduit rates or terms[, to the extent not addressed by federal law]; or (2) the authorization, placement, replacement, or removal of a [telecommunications] facility in a public right-of-way and the reasonable compensation for the authorization, placement, replacement, or removal regardless of whether the compensation is in the form of: (A) money; (B) services; (C) use of facilities; or (D) another kind of consideration. (c) A municipality or a municipally owned [Notwithstanding Subsection (b)(1), a municipal] utility may not charge any entity, regardless of the nature of the services provided by that entity, a pole attachment rate or underground conduit rate that exceeds the fee the municipality or municipally owned utility would be permitted to charge under rules adopted by the Federal Communications Commission under 47 U.S.C. Section 224(e) if the municipality's or municipally owned utility's rates were regulated under federal law and the rules of the Federal Communications Commission. In addition, not later than September 1, 2006, a municipality or municipally owned utility shall charge a single, uniform pole attachment or underground conduit rate to all entities that are not affiliated with the municipality or municipally owned utility regardless of the services carried over the networks attached to the poles or underground conduit. SECTION 7. Section 54.251, Utilities Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows: (b) Except as specifically determined otherwise by the commission under this subchapter or Subchapter G, the holder of a certificate of convenience and necessity, or the holder of a certificate of operating authority issued under Chapter 65, for an area has the obligations of a provider of last resort regardless of whether another provider has a certificate of operating authority or service provider certificate of operating authority for that area. (c) A certificate holder may meet the holder's provider of last resort obligations using any available technology. Notwithstanding any provision of Chapter 56, the commission may adjust disbursements from the universal service fund to companies using technologies other than traditional wireline or landline technologies to meet provider of last resort obligations. As determined by the commission, the certificate holder shall meet minimum quality of service standards, including standards for 911 service, comparable to those established for traditional wireline or landline technologies and shall offer services at a price comparable to the monthly service charge for comparable services in that exchange or the provider's nearest exchange. SECTION 8. Subchapter G, Chapter 54, Utilities Code, is amended by adding Section 54.3015 to read as follows: Sec. 54.3015. APPLICABILITY OF SUBCHAPTER. This subchapter applies to a holder of a certificate of operating authority issued under Chapter 65 in the same manner and to the same extent this subchapter applies to a holder of a certificate of convenience and necessity. SECTION 9. Section 55.015, Utilities Code, is amended by amending Subsections (a), (c), and (d) and adding Subsections (b-1), (d-1), and (d-2) to read as follows: (a) The commission shall adopt rules prohibiting a certificated provider of local exchange telephone service[telecommunications provider] from discontinuing basic network services listed in Section 58.051 [local exchange telephone service] to a consumer who receives lifeline service because of nonpayment by the consumer of charges for other services billed by the provider, including interexchange telecommunications [long distance] service. (b-1) The commission shall adopt rules requiring certificated providers of local exchange telephone service to implement procedures to ensure that all consumers are clearly informed both orally and in writing of the existence of the lifeline service program when they request or initiate service or change service locations or providers. On or before June 1, 2006, the commission shall enter into a memorandum of understanding with the Health and Human Services Commission, and, to the maximum extent feasible, housing authorities in the principal cities of each metropolitan statistical area, to improve enrollment rates in the lifeline service program. (c) A certificated provider of local exchange telephone service [telecommunications provider] may block a lifeline service participant's access to all interexchange telecommunications [long distance] service except toll-free numbers when the participant owes an outstanding amount for that service. The provider[telecommunications provider] shall remove the block without additional cost to the participant on payment of the outstanding amount. (d) A certificated provider of local exchange telephone service [telecommunications provider] shall offer a consumer who applies for or receives lifeline service the option of blocking all toll calls or, if technically capable, placing a limit on the amount of toll calls. The provider may not charge the consumer an administrative charge or other additional amount for the blocking service. (d-1) A certificated provider of local exchange telephone service shall provide access to lifeline service to a customer whose income is not more than 150 percent of the applicable income level established by the federal poverty guidelines or in whose household resides a person who receives or has a child who receives: (1) Medicaid; (2) food stamps; (3) Supplemental Security Income; (4) federal public housing assistance; (5) Low Income Home Energy Assistance Program (LIHEAP) assistance; or (6) health benefits coverage under the state child health plan under Chapter 62, Health and Safety Code. (d-2) A certificated provider of local exchange telephone service shall provide consumers who apply for or receive lifeline service access to available vertical services or custom calling features, including caller ID, call waiting, and call blocking, at the same price as other consumers. Lifeline discounts shall only apply to that portion of the bill that is for basic network service. SECTION 10. Subchapter A, Chapter 55, Utilities Code, is amended by adding Section 55.017 to read as follows: Sec. 55.017. IDENTIFICATION REQUIRED. (a) A representative of a telecommunications provider or a video or cable service provider that has an easement in or a right-of-way over or through real property must show proof of identification to the owner of the real property when entering the property if requested by the owner. (b) This section does not apply to regularly scheduled service readings or examinations. SECTION 11. Subchapter H, Chapter 55, Utilities Code, is amended by adding Section 55.1735 to read as follows: Sec. 55.1735. CHARGE FOR PAY PHONE ACCESS LINE. The charge or surcharge a local exchange company imposes for an access line used to provide pay telephone service in an exchange may not exceed the amount of the charge or surcharge the company imposes for an access line used for regular business purposes in that exchange. SECTION 12. Section 56.021, Utilities Code, is amended to read as follows: Sec. 56.021. UNIVERSAL SERVICE FUND ESTABLISHED. The commission shall adopt and enforce rules requiring local exchange companies to establish a universal service fund to: (1) assist telecommunications providers in providing basic local telecommunications service at reasonable rates in high cost rural areas; (2) reimburse the telecommunications carrier that provides the statewide telecommunications relay access service under Subchapter D; (3) finance the specialized telecommunications assistance program established under Subchapter E; (4) reimburse the department, the Texas Commission for the Deaf and Hard of Hearing, and the commission for costs incurred in implementing this chapter and Chapter 57; (5) reimburse a telecommunications carrier providing lifeline service as provided by 47 C.F.R. Part 54, Subpart E, as amended; (6) finance the implementation and administration of an integrated eligibility process created under Section 17.007 for customer service discounts relating to telecommunications services, including outreach expenses the commission determines are reasonable and necessary; (7) reimburse a designated provider under Subchapter F; [and] (8) reimburse a successor utility under Subchapter G; and (9) finance the program established under Subchapter H. SECTION 13. Subsection (a), Section 56.025, Utilities Code, is amended to read as follows: (a) In addition to the authority provided by Section 56.021, for each local exchange company that serves fewer than 31,000 [five million] access lines and each cooperative, the commission: (1) may adopt a mechanism necessary to maintain reasonable rates for local exchange telephone service; and (2) shall adopt rules to expand the universal service fund in the circumstances prescribed by this section. SECTION 14. Section 56.026, Utilities Code, is amended by adding Subsection (e) to read as follows: (e) This subsection and Subsections (c) and (d) expire August 31, 2007. SECTION 15. Subchapter B, Chapter 56, Utilities Code, is amended by adding Sections 56.029, 56.030, and 56.031 to read as follows: Sec. 56.029. UNIVERSAL SERVICE FUND STUDY; ATTESTATION REQUIREMENT. (a) The commission shall conduct a review and evaluation of whether the universal service fund accomplishes the fund's purposes as prescribed by Section 56.021 and the commission's final orders issued in Docket No. 18515 and Docket No. 18516. The evaluation shall determine whether the fund's purposes have been sufficiently achieved, whether the fund should be abolished or phased out, whether the fund should be brought within the state treasury, and whether the entities receiving those funds are spending the money for its intended purposes. The evaluation must include a forward-looking, comprehensive assessment of the appropriate use of the money in the fund and the manner in which that money is collected and disbursed. (b) Not later than January 1, 2006, the commission shall require telecommunications providers receiving disbursements under the universal service fund to provide to the commission the information that the commission determines is necessary to discharge the commission's duties under this section, including information necessary to review and evaluate how money is collected for the universal service fund and expended. (c) Information provided under Subsection (b) is confidential and is not subject to disclosure under Chapter 552, Government Code. (d) The commission may classify telecommunications providers as the commission considers appropriate for efficiency and may permit providers to share the cost of developing information the commission determines is necessary to discharge the commission's responsibilities under this section. (e) Not later than January 5, 2007, the commission shall deliver to the legislature a report for the legislature's revision and approval on the results of the review and evaluation. The report must: (1) include recommendations that are consistent with the policies provided by this title; (2) include the commission's assessment of the universal service fund, including: (A) how the money in the fund should be collected; (B) how the money in the fund should be disbursed and the purposes for which the money should be used by the telecommunications provider receiving the money; and (C) any recommendations the commission has in relation to accountability for use of the money in the fund, including the usefulness of the attestation required by Subsection (g); and (3) include recommendations that ensure that a telecommunications provider's support from the universal service fund for a geographic area is consistent with Section 56.021 and the commission's final orders issued in Docket No. 18515 and Docket No. 18516. (f) The evaluation shall determine whether the fund's purposes have been sufficiently achieved, whether the fund should be abolished or phased out, whether the fund should be brought within the state treasury, and whether the entities receiving those funds are spending the money for its intended purposes. (g) Not later than December 31, 2005, each telecommunications provider receiving universal service fund money shall file with the commission an affidavit attesting that the money from the fund has been used in a manner that is consistent with the purposes provided by Section 56.021 and the commission's final orders issued in Docket No. 18515 and Docket No. 18516. (h) In addition to the study required by this section, the commission shall compile information necessary to determine whether the current funding mechanism for the universal service fund will be adequate in the future to sustain the purposes for which the fund was created considering the development of new technologies that are not subject to the existing funding mechanism and the shift in jurisdictional control from this state to the federal government. The commission shall also review and make recommendations on any mechanisms adopted under Section 56.025. Not later than January 5, 2007, the commission shall deliver to the legislature a report on these issues. If the commission determines that the existing funding mechanism is not adequate, or proposes to change the manner or level of current funding, the commission must include recommendations for alternative funding and basic service pricing methods that will be adequate and are consistent with a policy of technology and competitive neutrality in the assessment of fees and other state-imposed economic burdens. (i) This section expires September 1, 2007. Sec. 56.030. AFFIDAVITS OF COMPLIANCE. On or before September 1 of each year, a telecommunications provider that receives disbursements from the universal service fund shall file with the commission an affidavit certifying that the telecommunications provider is in compliance with the requirements for receiving money from the universal service fund and requirements regarding the use of money from each universal service fund program for which the telecommunications provider receives disbursements. Sec. 56.031. ADJUSTMENTS. The commission may revise the monthly per line support amounts to be made available from the Texas High Cost Universal Service Plan and from the Small and Rural Incumbent Local Exchange Company Universal Service Plan at any time after September 1, 2007, after notice and an opportunity for hearing. In determining appropriate monthly per line support amounts, the commission shall consider the adequacy of basic rates to support universal service. SECTION 16. Subchapter B, Chapter 56, Utilities Code, is amended by adding Section 56.032 to read as follows: Sec. 56.032. COMMISSION REVIEW AND EVALUATION OF DISTANCE LEARNING DISCOUNTS AND PRIVATE NETWORK SERVICES FOR CERTAIN ENTITIES. (a) On or before October 1, 2005, the commission shall initiate a study for the purpose of evaluating a new funding mechanism to provide financial support to all telecommunications utilities that provide discounts or private network services at prescribed rates to the entities identified in Subchapter B, Chapter 57, Subchapter G, Chapter 58, and Subchapter D, Chapter 59. (b) The study must include an evaluation of alternative sources of funding such support, including utilizing federal E-rate funding, and an evaluation of alternative funding mechanisms that would result in support being made available to all telecommunications utilities on a nondiscriminatory basis and on a technology neutral basis in exchange for providing services at rates comparable to those preferred rates being paid by the entities identified under Subchapter B, Chapter 57, Subchapter G, Chapter 58, and Subchapter D, Chapter 59, provisions. (c) The commission shall conduct necessary proceedings to evaluate the appropriate funding mechanism and the appropriate method for determining the amount of support to be made available to telecommunications utilities that provide discounts to entities listed in Subsection (b). (d) On or before November 15, 2006, the commission shall issue a report to the speaker of the house of representatives and the lieutenant governor on the viability of establishing a new program or funding mechanism through which support shall be funded and disbursed in exchange for providing discounts to the entities listed in Subsection (b). The commission shall include in the report its findings regarding the cost of any new funding mechanism, the benefit of establishing a new program or funding mechanism, and any other relevant information the commission deems appropriate to assist the legislature in its review of discounts for distance learning and private network services. (e) This section expires September 1, 2007. SECTION 17. Chapter 56, Utilities Code, is amended by adding Subchapter H to read as follows:SUBCHAPTER H. AUDIO NEWSPAPER PROGRAM
  Sec. 56.301. AUDIO NEWSPAPER ASSISTANCE PROGRAM. The commission by rule shall establish a program to provide from the universal service fund financial assistance for a free telephone service for blind and visually impaired persons that offers the text of newspapers using synthetic speech. The commission may adopt rules to implement the program. SECTION 18. Section 58.051, Utilities Code, is amended by amending Subsection (a) and adding Subsections (a-1), (c), and (d) to read as follows: (a) Unless reclassified under Section 58.024, the following services are basic network services: (1) flat rate residential local exchange telephone service, including primary directory listings and the receipt of a directory and any applicable mileage or zone charges; (2) residential tone dialing service; (3) lifeline and tel-assistance service; (4) service connection for basic residential services; (5) direct inward dialing service for basic residential services; (6) private pay telephone access service; (7) call trap and trace service; (8) access for all residential and business end users to 911 service provided by a local authority and access to dual party relay service; (9) mandatory residential extended area service arrangements; and (10) mandatory residential extended metropolitan service or other mandatory residential toll-free calling arrangements[; and [(11) residential call waiting service]. (a-1) Notwithstanding Subsection (a) and Section 58.151, basic network services include residential caller identification services if the customer to whom the service is billed is at least 65 years of age. (c) At the election of the affected incumbent local exchange company, the price for basic network service shall also include the fees and charges for any mandatory extended area service arrangements, mandatory expanded toll-free calling plans, and any other service included in the definition of basic network service. (d) A nonpermanent expanded toll-free local calling service surcharge established by the commission to recover the costs of mandatory expanded toll-free local calling service: (1) is considered a part of basic network service; (2) may not be aggregated under Subsection (c); and (3) continues to be transitioned in accordance with commission orders and substantive rules. SECTION 19. Section 58.151, Utilities Code, is amended to read as follows: Sec. 58.151. SERVICES INCLUDED. The following services are classified as nonbasic services: (1) flat rate business local exchange telephone service, including primary directory listings and the receipt of a directory, and any applicable mileage or zone charges, except that the prices for this service shall be capped until September 1, 2005, at the prices in effect on September 1, 1999; (2) business tone dialing service, except that the prices for this service shall be capped until September 1, 2005, at the prices in effect on September 1, 1999; (3) service connection for all business services, except that the prices for this service shall be capped until September 1, 2005, at the prices in effect on September 1, 1999; (4) direct inward dialing for basic business services, except that the prices for this service shall be capped until September 1, 2005, at the prices in effect on September 1, 1999; (5) "1-plus" intraLATA message toll services; (6) 0+ and 0- operator services; (7) call waiting, call forwarding, and custom calling, except that: (A) residential call waiting service shall be classified as a basic network service until July 1, 2006; and (B) for an electing company subject to Section 58.301, prices for residential call forwarding and other custom calling services shall be capped at the prices in effect on September 1, 1999, until the electing company implements the reduction in switched access rates described by Section 58.301(2); (8) call return, caller identification, and call control options, except that, for an electing company subject to Section 58.301, prices for residential call return, caller identification, and call control options shall be capped at the prices in effect on September 1, 1999, until the electing company implements the reduction in switched access rates described by Section 58.301(2); (9) central office based PBX-type services; (10) billing and collection services, including installment billing and late payment charges for customers of the electing company; (11) integrated services digital network (ISDN) services, except that prices for Basic Rate Interface (BRI) ISDN services, which comprise up to two 64 Kbps B-channels and one 16 Kbps D-channel, shall be capped until September 1, 2005, at the prices in effect on September 1, 1999; (12) new services; (13) directory assistance services, except that an electing company shall provide to a residential customer the first three directory assistance inquiries in a monthly billing cycle at no charge until July 1, 2006; (14) services described in the WATS tariff as the tariff existed on January 1, 1995; (15) 800 and foreign exchange services; (16) private line service; (17) special access service; (18) services from public pay telephones; (19) paging services and mobile services (IMTS); (20) 911 services provided to a local authority that are available from another provider; (21) speed dialing; (22) three-way calling; and (23) all other services subject to the commission's jurisdiction that are not specifically classified as basic network services in Section 58.051, except that nothing in this section shall preclude a customer from subscribing to a local flat rate residential or business line for a computer modem or a facsimile machine. SECTION 20. Subsection (a), Section 58.258, Utilities Code, is amended to read as follows: (a) Notwithstanding the pricing flexibility authorized by this subtitle, an electing company's rates for private network services may not be increased [on or] before January 1, 2012 [the sixth anniversary of the company's date of election]. However, an electing company may increase a rate in accordance with the provisions of a customer specific contract. SECTION 21. Subchapter G, Chapter 58, Utilities Code, is amended by adding Section 58.268 to read as follows: Sec. 58.268. CONTINUATION OF OBLIGATION. Notwithstanding any other provision of this title, an electing company shall continue to comply with this subchapter until January 1, 2012, regardless of: (1) the date the company elected under this chapter; or (2) any action taken in relation to that company under Chapter 65. SECTION 22. Subsection (a), Section 59.077, Utilities Code, is amended to read as follows: (a) Notwithstanding the pricing flexibility authorized by this subtitle, an electing company's rates for private network services may not be increased [on or] before January 1, 2012 [the sixth anniversary of the company's election date]. SECTION 23. Subchapter D, Chapter 59, Utilities Code, is amended by adding Section 59.083 to read as follows: Sec. 59.083. CONTINUATION OF OBLIGATION. Notwithstanding any other provision of this title, an electing company shall continue to comply with this subchapter until January 1, 2012, regardless of: (1) the date the company elected under this chapter; or (2) any action taken in relation to that company under Chapter 65. SECTION 24. Chapter 60, Utilities Code, is amended by adding Subchapter J to read as follows:SUBCHAPTER J. WHOLESALE CODE OF CONDUCT
  Sec. 60.201. STATEMENT OF POLICY. It is the policy of this state that providers of telecommunications services operate in a manner that is consistent with minimum standards to provide customers with continued competitive choices. Sec. 60.202. APPLICABILITY OF SUBCHAPTER. A provision of this subchapter applies only to the extent the provision has not been preempted by federal law or a rule, regulation, or order of the Federal Communications Commission. Sec. 60.203. MINIMUM SERVICE REQUIREMENTS. A telecommunications provider may not unreasonably: (1) discriminate against another provider by refusing access to an exchange; (2) refuse or delay an interconnection to another provider; (3) degrade the quality of access the telecommunications provider provides to another provider; (4) impair the speed, quality, or efficiency of a line used by another provider; (5) fail to fully disclose in a timely manner on request all available information necessary to design equipment that will meet the specifications of the network; or (6) refuse or delay access by a person to another provider. Sec. 60.204. INTERCONNECTION. A telecommunications provider shall provide interconnection with other telecommunications providers' networks for the transmission and routing of telephone exchange service and exchange access. Sec. 60.205. NUMBER PORTABILITY. A telecommunications provider shall provide number portability in accordance with federal requirements. Sec. 60.206. DUTY TO NEGOTIATE. A telecommunications provider shall negotiate in good faith the terms and conditions of any agreement. Sec. 60.207. DIALING PARITY. (a) A telecommunications provider shall provide dialing parity to competing telecommunications providers of telephone exchange service and telephone toll service. (b) A telecommunications provider shall provide nondiscriminatory access to telephone numbers, operator services, directory assistance, and directory listings and may not delay that access unreasonably. Sec. 60.208. ACCESS TO RIGHTS-OF-WAY. A telecommunications provider shall provide access to poles, ducts, conduits, and rights-of-way to competing providers of telecommunications service on rates, terms, and conditions that are just, reasonable, and nondiscriminatory. Sec. 60.209. RECIPROCAL COMPENSATION. A telecommunications provider shall establish reciprocal compensation arrangements for the transport and termination of telecommunications. Sec. 60.210. ACCESS TO SERVICES. A telecommunications provider shall provide access to: (1) 911 and E-911 service; (2) directory assistance service to allow other telecommunications providers' customers to obtain telephone numbers; and (3) operator call completion service. SECTION 25. Subchapter A, Chapter 62, Utilities Code, is amended by adding Section 62.003 to read as follows: Sec. 62.003. REQUIREMENTS RELATING TO AUDIO AND VIDEO PROGRAMMING. (a) This section applies only to a provider of advanced services or local exchange telephone service that has more than 500,000 access lines in service in this state and that delivers audio programming with localized content or video programming to its subscribers in those service areas where such provider is not regulated as a cable system under federal law. (b) Notwithstanding any other provision of this title, a provider of advanced services or local exchange telephone service shall provide subscribers access to the signals of the local broadcast television and radio stations licensed by the Federal Communications Commission to serve those subscribers over the air; provided with respect to low power television stations, this section shall only apply to those low power television stations that are "qualified low power stations" as defined in 47 U.S.C. Section 534(h)(2). (c) To facilitate access by subscribers of a provider of advanced services or local exchange telephone service to the signals of local broadcast stations, a station either shall be granted mandatory carriage or may request retransmission consent with the provider. (d) This title does not require a provider of advanced services or local exchange telephone service to provide a television or radio station valuable consideration in exchange for carriage. (e) A provider of advanced services or local exchange telephone service shall transmit without degradation the signals a local broadcast station delivers to the provider. The transmission quality offered a broadcast station may not be lower than the quality made available to another broadcast station or video or audio programming source. (f) A provider of advanced services or local exchange telephone service that delivers audio or video programming to its subscribers may not: (1) discriminate among broadcast stations or between broadcast stations on the one hand and programming providers on the other with respect to transmission of their signals, taking into account any consideration afforded a provider of advanced services or local exchange telephone service by any such programming provider or broadcast station; or (2) delete, change, or alter a copyright identification transmitted as part of a broadcast station's signal. (g) A provider of advanced services or local exchange telephone service that delivers audio or video programming shall be subject to any applicable network nonduplication or syndicated exclusivity rules promulgated by the Federal Communications Commission to the extent applicable to cable systems as defined by the commission. (h) A provider of advanced services or local exchange telephone service that delivers audio or video programming to its subscribers shall include all programming providers in a subscriber programming guide, if any, that lists program schedules. SECTION 26. Subtitle C, Title 2, Utilities Code, is amended by adding Chapter 65 to read as follows:CHAPTER 65. DEREGULATION OF CERTAIN INCUMBENT LOCAL EXCHANGE COMPANY MARKETS
  SUBCHAPTER A. GENERAL PROVISIONS
  Sec. 65.001. STATEMENT OF POLICY. It is the policy of this state to provide for full rate and service competition in the telecommunications market of this state so that customers may benefit from innovations in service quality and market-based pricing. Sec. 65.002. DEFINITIONS. In this chapter: (1) "Deregulated company" means an incumbent local exchange company for which all of the company's markets have been deregulated. (2) "Market" means an exchange in which an incumbent local exchange company provides residential local exchange telephone service. (3) "Regulated company" means an incumbent local exchange company for which none of the company's markets have been deregulated. (4) "Stand-alone residential local exchange voice service" means: (A) residential tone dialing service; (B) services and functionalities supported under the lifeline program; (C) access for all residential end users to 911 service provided by a local authority and access to dual party relay service; (D) at the election of the incumbent local exchange company, mandatory residential extended area service arrangements, mandatory residential extended metropolitan service or other mandatory residential toll-free calling arrangements, mandatory expanded local calling service arrangements, or another service that a company is required under a tariff to provide to a customer who subscribes or may subscribe to basic network services; (E) flat rate residential local exchange telephone service delivered by landline, but only if the service is ordered and received independent of: (i) a service classified as a nonbasic service under Section 58.151 or residential call waiting service; (ii) a package of services that includes a service classified as a nonbasic service under Section 58.151; or (iii) another flat rate residential local exchange service delivered by landline; and (F) residential caller identification services if the customer to whom the service is billed is at least 65 years of age. (5) "Transitioning company" means an incumbent local exchange company for which at least one, but not all, of the company's markets has been deregulated. Sec. 65.003. COMMISSION AUTHORITY. (a) Notwithstanding any other provisions of this title, the commission has authority to implement and enforce this chapter. (b) The commission may adopt rules and conduct proceedings necessary to administer and enforce this chapter, including rules to determine whether a market should remain regulated, should be deregulated, or should be reregulated. Sec. 65.004. INFORMATION. (a) The commission may collect and compile information from all telecommunications providers as necessary to implement and enforce this chapter. (b) The commission shall maintain the confidentiality of information collected under this chapter that is claimed to be confidential for competitive purposes. Information that is claimed to be confidential is exempt from disclosure under Chapter 552, Government Code. Sec. 65.005. CUSTOMER PROTECTION. This chapter does not affect a customer's right to complain to the commission regarding a telecommunications provider.[Sections 65.006-65.050 reserved for expansion]
  SUBCHAPTER B. DETERMINATION OF WHETHER MARKET SHOULD BE REGULATED
  Sec. 65.051. MARKETS DEREGULATED. (a) Except as provided by Subsection (b), all markets of all incumbent local exchange companies are deregulated on January 1, 2006, unless the commission determines under Section 65.052(a) that a market or markets should remain regulated. (b) A market of an incumbent local exchange company in which the population in the area included in the market is less than 30,000 is deregulated on January 1, 2007, unless the commission determines under Section 65.052(f) that the market should remain regulated. Sec. 65.052. DETERMINATION OF WHETHER A MARKET SHOULD REMAIN REGULATED. (a) Except as provided by Subsection (f), the commission shall: (1) determine whether each market of an incumbent local exchange company should remain regulated on and after January 1, 2006; and (2) issue a final order classifying the company in accordance with this section effective January 1, 2006. (b) In making a determination under Subsection (a), the commission may not determine that a market should remain regulated if: (1) the population in the area included in the market is at least 100,000; or (2) the population in the area included in the market is at least 30,000 but less than 100,000 and, in addition to the incumbent local exchange company, there are at least three competitors of which: (A) at least one is a telecommunications provider that holds a certificate of operating authority or service provider certificate of operating authority and provides residential local exchange telephone service in the market; (B) at least one is an entity providing residential telephone service in the market using facilities that the entity or its affiliate owns; and (C) at least one is a provider in that market of commercial mobile service as defined by Section 332(d), Communications Act of 1934 (47 U.S.C. Section 151 et seq.), Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993 (Pub. L. No. 103-66), that is not affiliated with the incumbent local exchange company. (c) The commission shall issue an order classifying an incumbent local exchange company as a deregulated company that is subject to Subchapter C if: (1) the company does not have any markets in which the population in the area included in the market is less than 30,000; and (2) the commission does not determine that a market of the company should remain regulated on and after January 1, 2006. (d) Regardless of the population in the area included in an incumbent local exchange company's markets, the commission shall issue an order classifying the company as a transitioning company that is subject to Subchapter D if the commission determines that one or more, but not all, of the markets of the company should remain regulated on and after January 1, 2006. (e) The commission shall issue an order classifying the company as a regulated company that is subject to the provisions of this title that applied to the company on September 1, 2005, if the commission determines that all of the markets of the company in which the population in each area included in the markets is at least 30,000 should remain regulated on and after January 1, 2006. This subsection does not affect the authority of a regulated company to elect under Chapter 58 or 59 after January 1, 2005, and to be regulated under the chapter under which the company elected. (f) Not later than November 30, 2006, the commission shall determine whether a market of an incumbent local exchange company in which the population in the area included in the market is less than 30,000 should remain regulated on or after January 1, 2007. The commission by rule shall determine the market test to be applied in determining whether the market should remain regulated. If the commission does not determine that the market should remain regulated on or after January 1, 2007, and the deregulation of that market results in a transitioning or regulated company no longer meeting the definition of a transitioning or regulated company, as appropriate, the commission shall issue an order reclassifying the company appropriately. Sec. 65.053. INCUMBENT LOCAL EXCHANGE COMPANY MARKETS. (a) Notwithstanding Section 65.052, an incumbent local exchange company may elect to have all of the company's markets remain regulated on and after January 1, 2006. (b) To make an election under Subsection (a), an incumbent local exchange company must file an affidavit with the commission making that election not later than December 1, 2005. (c) If an incumbent local exchange company makes an election under this section, the commission shall issue an order classifying the company as a regulated company that is subject to the provisions of this title that applied to the company on September 1, 2005. This subsection does not affect the authority of a regulated company to elect under Chapter 58 or 59 after January 1, 2005, and to be regulated under the chapter under which the company elected. Sec. 65.054. PETITION FOR DEREGULATION. (a) After July 1, 2007, a company may petition the commission to deregulate a market that the commission previously determined should remain regulated. (b) If the commission deregulates a market under this section and the deregulation results in the transitioning or regulated company no longer meeting the definition of a transitioning or regulated company, as appropriate, the commission shall issue an order reclassifying the company appropriately. Sec. 65.055. COMMISSION AUTHORITY TO REREGULATE CERTAIN MARKETS. (a) This section applies only to a market of an incumbent local exchange company in which the population in the area included in the market is less than 100,000. (b) The commission, on its own motion or on a complaint that the commission considers to have merit, may determine that a market that was previously deregulated should again be subject to regulation. (c) The commission by rule shall prescribe the procedures and standards applicable to a determination under this section.[Sections 65.056-65.100 reserved for expansion]
  SUBCHAPTER C. DEREGULATED COMPANY
  Sec. 65.101. ISSUANCE OF CERTIFICATE OF OPERATING AUTHORITY. (a) A deregulated company may petition the commission to relinquish the company's certificate of convenience and necessity and receive a certificate of operating authority. (b) The commission shall issue the deregulated company a certificate of operating authority and rescind the deregulated company's certificate of convenience and necessity if the commission finds that all of the company's markets have been deregulated under Subchapter B. Sec. 65.102. REQUIREMENTS. (a) A deregulated company that holds a certificate of operating authority issued under this subchapter is a nondominant carrier governed in the same manner as a holder of a certificate of operating authority issued under Chapter 54, except that the deregulated company: (1) retains the obligations of a provider of last resort under Chapter 54; (2) is subject to the following provisions in the same manner as an incumbent local exchange company that is not deregulated: (A) Sections 54.156, 54.158, and 54.159; (B) Section 55.012; and (C) Chapter 60; and (3) may not increase the company's rates for stand-alone residential local exchange voice service before the date that the commission has the opportunity to revise the monthly per line support under the Texas High Cost Universal Service Plan pursuant to Section 56.031, regardless of whether the company is an electing company under Chapter 58. (b) In each deregulated market, a deregulated company shall make available to all residential customers uniformly throughout that market the same price, terms, and conditions for all basic and non-basic services, consistent with any pricing flexibility available to such company on or before August 31, 2005.[Sections 65.103-65.150 reserved for expansion]
  SUBCHAPTER D. TRANSITIONING COMPANY
  Sec. 65.151. PROVISIONS APPLICABLE TO TRANSITIONING COMPANY. A transitioning company is governed by this subchapter and the provisions of this title that applied to the company immediately before the date the company was classified as a transitioning company. If there is a conflict between this subchapter and the other applicable provisions of this title, this subchapter controls. Sec. 65.152. GENERAL REQUIREMENTS. (a) A transitioning company may: (1) exercise pricing flexibility in a market in the manner provided by Section 58.063 one day after providing an informational notice as required by that section; and (2) introduce a new service in a market in the manner provided by Section 58.153 one day after providing an informational notice as required by that section. (b) A transitioning company may not be required to comply with exchange-specific retail quality of service standards or reporting requirements in a market that is deregulated. Sec. 65.153. RATE REQUIREMENTS. (a) In a market that remains regulated, a transitioning company shall price the company's retail services in accordance with the provisions that applied to that company immediately before the date the company was classified as a transitioning company. (b) In a market that is deregulated, a transitioning company shall price the company's retail services as follows: (1) for all services, other than basic local telecommunications service, at any price higher than the service's long run incremental cost; and (2) for basic local telecommunications service, at any price higher than the lesser of the service's long run incremental cost or the tariffed price on the date that market was deregulated, provided that the company may not increase the company's rates for stand-alone residential local exchange voice service before the date that the commission has the opportunity to revise the monthly per line support under the Texas High Cost Universal Service Plan pursuant to Section 56.031, regardless of whether the company is an electing company under Chapter 58. (c) In each deregulated market, a transitioning company shall make available to all residential customers uniformly throughout that market the same price, terms, and conditions for all basic and non-basic services, consistent with any pricing flexibility available to such company on or before August 31, 2005. (d) In any market, regardless of whether regulated or deregulated, the transitioning company may not: (1) establish a retail rate, term, or condition that is anticompetitive or unreasonably preferential, prejudicial, or discriminatory; (2) establish a retail rate for a basic or non-basic service in a deregulated market that is subsidized either directly or indirectly by a basic or non-basic service provided in an exchange that is not deregulated; or (3) engage in predatory pricing or attempt to engage in predatory pricing. (e) A rate that meets the pricing requirements in Subsection (b) shall be deemed compliant with Subsection (d)(2).[Sections 65.154-65.200 reserved for expansion]
  SUBCHAPTER E. REDUCTION OF SWITCHED ACCESS RATES
  Sec. 65.201. REDUCTION OF SWITCHED ACCESS RATES BY DEREGULATED COMPANY. (a) On the date the last market of an incumbent local exchange company is deregulated, the company shall reduce both the company's originating and terminating per minute of use switched access rates in each market to parity with the company's respective federal originating and terminating per minute of use switched access rates. (b) After reducing the rates under Subsection (a), a deregulated company shall maintain parity with the company's federal originating and terminating per minute of use switched access rates. If the company's federal originating and terminating per minute of use switched access rates are changed, the company shall change the company's per minute of use switched access rates in each market as necessary to re-achieve parity with the company's federal originating and terminating per minute of use switched access rates. Sec. 65.202. REDUCTION OF SWITCHED ACCESS RATES BY TRANSITIONING COMPANY WITH MORE THAN THREE MILLION ACCESS LINES. (a) Notwithstanding any other provision of this title, a transitioning company that has more than three million access lines in service in this state on January 1, 2006, shall: (1) on July 1, 2006, reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount equal to 33 percent of the difference in the rates in effect on June 30, 2006, and the company's respective federal originating and terminating per minute of use switched access rates; (2) on July 1, 2007, reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount equal to 33 percent of the difference in the rates in effect on June 30, 2006, and the company's respective federal originating and terminating per minute of use switched access rates; and (3) on July 1, 2008, reduce both the company's originating and terminating per minute of use switched access rates in each market to parity with the company's respective federal originating and terminating per minute of use switched access rates. (b) After reducing the rates under Subsection (a), a transitioning company shall maintain parity with the company's federal originating and terminating per minute of use switched access rates. If the company's federal originating and terminating per minute of use switched access rates are changed, the company shall change the company's per minute of use switched access rates in each market as necessary to re-achieve parity with the company's federal originating and terminating per minute of use switched access rates. Sec. 65.203. REDUCTION OF SWITCHED ACCESS RATES BY CERTAIN TRANSITIONING COMPANIES WITH NOT MORE THAN THREE MILLION ACCESS LINES. (a) Notwithstanding any other provision of this title, a company that is classified as a transitioning company effective January 1, 2006, and that has not more than three million access lines in service in this state on that date shall reduce both the company's originating and terminating per minute of use switched access rates in each market in accordance with this section. (b) On July 1, 2006, the transitioning company shall reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount equal to the lesser of: (1) 25 percent of the difference in the company's rates in effect on June 30, 2006, and the company's respective federal originating and terminating per minute of use switched access rates in effect on that date; or (2) an amount derived by multiplying that difference by a percentage derived by dividing the number of the company's markets that are not regulated on July 1, 2006, by the total number of the company's markets on December 30, 2005. (c) On July 1, 2007, the transitioning company shall reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount equal to the lesser of: (1) 25 percent of the difference in the company's rates in effect on June 30, 2006, and the company's respective federal originating and terminating per minute of use switched access rates in effect on that date; or (2) an amount derived by multiplying that difference by a percentage derived by dividing the number of the company's markets that were deregulated in the prior 12 months by the total number of the company's markets on December 30, 2005. (d) On July 1, 2008, the transitioning company shall reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount equal to the lesser of: (1) 25 percent of the difference in the company's rates in effect on June 30, 2006, and the company's respective federal originating and terminating per minute of use switched access rates in effect on that date; or (2) an amount derived by multiplying that difference by a percentage derived by dividing the number of the company's markets that were deregulated in the prior 12 months by the total number of the company's markets on December 30, 2005. (e) On July 1, 2009, and each succeeding year thereafter on July 1, the transitioning company shall reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount derived by multiplying the difference in the company's rates in effect on June 30, 2006, and the company's respective federal originating and terminating per minute of use switched access rates in effect on that date by a percentage derived by dividing the number of the company's markets that were deregulated in the prior 12 months by the total number of the company's markets on December 30, 2005, except that a transitioning company shall be required to reduce both the company's originating and terminating per minute of use switched access charges to parity with the company's respective federal originating and terminating per minute of use switched access charges if more than 75 percent of the transitioning company's markets are not regulated on July 1 of 2009 or any succeeding year. (f) After reducing the rates under Subsection (e), a transitioning company shall maintain parity with the company's federal originating and terminating per minute of use switched access rates. If the company's federal originating and terminating per minute of use switched access rates are changed, the company shall change the company's per minute of use switched access rates in each market as necessary to re-achieve parity with the company's federal originating and terminating per minute of use switched access rates. Sec. 65.204. REDUCTION OF SWITCHED ACCESS RATES BY NEWLY DESIGNATED TRANSITIONING COMPANY. (a) Notwithstanding any other provision of this title, a company that is classified as a transitioning company after January 1, 2006, shall reduce both the company's originating and terminating per minute of use switched access rates in each market in accordance with this section. (b) On the date the company is classified as a transitioning company, the company shall reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount equal to the lesser of: (1) 25 percent of the difference in the company's rates in effect on the day before the date the company was classified, and the company's respective federal originating and terminating per minute of use switched access rates in effect on that date; or (2) an amount derived by multiplying that difference by a percentage derived by dividing the number of the company's markets that are not regulated on the date the company is classified as a transitioning company by the total number of the company's markets on December 30, 2005. (c) On the first anniversary of the date the company is classified as a transitioning company, the company shall reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount equal to the lesser of: (1) 25 percent of the difference in the company's rates in effect on the day before the date the company was classified, and the company's respective federal originating and terminating per minute of use switched access rates in effect on that date; or (2) an amount derived by multiplying that difference by a percentage derived by dividing the number of the company's markets that were deregulated in the prior 12 months by the total number of the company's markets on December 30, 2005. (d) On the second anniversary of the date the company is classified as a transitioning company, the company shall reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount equal to the lesser of: (1) 25 percent of the difference in the company's rates in effect on the day before the date the company was classified, and the company's respective federal originating and terminating per minute of use switched access rates in effect on that date; or (2) an amount derived by multiplying that difference by a percentage derived by dividing the number of the company's markets that were deregulated in the prior 12 months by the total number of the company's markets on December 30, 2005. (e) On the third anniversary of the date the company is classified as a transitioning company and each anniversary thereafter, the company shall reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount derived by multiplying the difference in the company's rates in effect on the day before the date the company was classified as a transitioning company, and the company's respective federal originating and terminating per minute of use switched access rates in effect on that date by a percentage derived by dividing the number of the company's markets that were deregulated in the prior 12 months by the total number of the company's markets on December 30, 2005, except that a transitioning company shall be required to reduce both the company's originating and terminating per minute of use switched access charges to parity with the company's respective federal originating and terminating per minute of use switched access charges if more than 75 percent of the transitioning company's markets are not regulated on July 1 of 2009 or any succeeding year. (f) After reducing the rates under Subsection (e), a transitioning company shall maintain parity with the company's federal originating and terminating per minute of use switched access rates. If the company's federal originating and terminating per minute of use switched access rates are changed, the company shall change the company's per minute of use switched access rates in each market as necessary to re-achieve parity with the company's federal originating and terminating per minute of use switched access rates. Sec. 65.205. MAINTENANCE OF REDUCTION OR PARITY. (a) After a deregulated or transitioning company reduces the company's rates under this subchapter, the company may not increase those rates above the applicable rates prescribed by this subchapter. (b) If a transitioning company's federal per minute of use switched access rates are reduced, the company shall reduce the company's per minute of use switched access rates to not more than the applicable rates prescribed by this subchapter. (c) Notwithstanding Subsections (a) and (b), a deregulated or transitioning company may decrease the company's per minute of use switched access rates to amounts that are less than the applicable rates prescribed by this subchapter.[Sections 65.206-65.250 reserved for expansion]
  SUBCHAPTER F. LEGISLATIVE OVERSIGHT COMMITTEE
  Sec. 65.251. OVERSIGHT COMMITTEE. (a) In this subchapter, "committee" means the telecommunications competitiveness legislative oversight committee. (b) The committee is composed of nine members as follows: (1) the chair of the Senate Committee on Business and Commerce; (2) the chair of the House Committee on Regulated Industries; (3) three members of the senate appointed by the lieutenant governor; (4) three members of the house of representatives appointed by the speaker of the house of representatives; and (5) the chief executive of the Office of Public Utility Counsel. (c) An appointed member of the committee serves at the pleasure of the appointing official. Sec. 65.252. COMMITTEE DUTIES. (a) The committee shall conduct joint public hearings with the commission at least annually regarding the introduction of full competition to telecommunications services in this state. (b) The commission shall: (1) collect and compile information from all telecommunications providers as necessary to conduct a hearing under this section; and (2) maintain the confidentiality of information collected under this section that is claimed to be confidential for competitive purposes. (c) Information that is claimed to be confidential under Subsection (b) is exempt from disclosure under Chapter 552, Government Code. (d) The commission shall provide to the committee information regarding rules relating to telecommunications deregulation proposed by the commission. The committee may submit comments to the commission on those proposed rules. (e) The committee shall monitor the effectiveness of telecommunications deregulation, including the fairness of rates, the quality of service, and the effect of regulation on the normal forces of competition. (f) The committee may request reports and other information from the commission as necessary to carry out this subchapter. (g) Not later than November 15 of each even-numbered year, the committee shall report to the governor, lieutenant governor, and speaker of the house of representatives on the committee's activities under this subchapter. The report must include: (1) an analysis of any problems caused by telecommunications deregulation; and (2) recommendations for any legislative action necessary to address those problems and to further competition within the telecommunications industry. SECTION 27. Subtitle C, Title 2, Utilities Code, is amended by adding Chapter 66 to read as follows:CHAPTER 66. STATE-ISSUED CABLE AND VIDEO FRANCHISE
  Sec. 66.001. FRANCHISING AUTHORITY. The commission shall be designated as the franchising authority for a state-issued franchise for the provision of cable service or video service. Sec. 66.002. DEFINITIONS. In this chapter: (1) "Actual incremental cost" means only current out-of-pocket expenses for labor, equipment repair, equipment replacement, and tax expenses directly associated with the labor or the equipment of a service provider that is necessarily and directly used to provide what were, under a superseded franchise, in-kind services, exclusive of any profit or overhead such as depreciation, amortization, or administrative expense. (2) "Cable service" is defined as set forth in 47 U.S.C. Section 522(6). (3) "Cable service provider" means a person who provides cable service. (4) "Communications network" means a component or facility that is, wholly or partly, physically located within a public right-of-way and that is used to provide video programming, cable, voice, or data services. (5) "Franchise" means an initial authorization, or renewal of an authorization, issued by a franchising authority, regardless of whether the authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction and operation of a cable or video services network in the public rights-of-way. (6)(A) "Gross revenues" means all consideration of any kind or nature including without limitation cash, credits, property, and in-kind contributions (services or goods) derived by the holder of a state-issued certificate of franchise authority from the operation of the cable service provider's or the video service provider's network to provide cable service or video service within the municipality. Gross revenue shall include all consideration paid to the holder of a state-issued certificate of franchise authority and its affiliates (to the extent either is acting as a provider of a cable service or video service as authorized by this chapter), which shall include but not be limited to the following: (i) all fees charged to subscribers for any and all cable service or video service provided by the holder of a state-issued certificate of franchise authority; (ii) any fee imposed on the holder of a state-issued certificate of franchise authority by this chapter that is passed through and paid by subscribers (including without limitation the franchise fee set forth in this chapter); and (iii) compensation received by the holder of a state-issued certificate of franchise authority or its affiliates that is derived from the operation of the holder of a state-issued certificate of franchise authority's network to provide cable service or video service with respect to commissions that are paid to the holder of a state-issued certificate of franchise authority as compensation for promotion or exhibition of any products or services on the holder of a state-issued certificate of franchise authority's network, such as a "home shopping" or a similar channel, subject to Paragraph (B)(v). Gross revenue includes a pro rata portion of all revenue derived by the holder of a state-issued certificate of franchise authority or its affiliates pursuant to compensation arrangements for advertising derived from the operation of the holder of a state-issued certificate of franchise authority's network to provide cable service or the video service within a municipality, subject to Paragraph (B)(iii). The allocation shall be based on the number of subscribers in the municipality divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement. Advertising commissions paid to third parties shall not be netted against advertising revenue included in gross revenue. Revenue of an affiliate derived from the affiliate's provision of cable service or the video service shall be gross revenue to the extent the treatment of such revenue as revenue of the affiliate and not of the holder of a state-issued certificate of franchise authority has the effect (whether intentional or unintentional) of evading the payment of fees which would otherwise be paid to the municipality. In no event shall revenue of an affiliate be gross revenue to the holder of a state-issued certificate of franchise authority if such revenue is otherwise subject to fees to be paid to the municipality. (B) For purposes of this section, "gross revenues" does not include: (i) any revenue not actually received, even if billed, such as bad debt; (ii) non-cable services or non-video services revenues received by any affiliate or any other person in exchange for supplying goods or services used by the holder of a state-issued certificate of franchise authority to provide cable service or video service; (iii) refunds, rebates, or discounts made to subscribers, leased access providers, advertisers, or a municipality; (iv) any revenues from services classified as non-cable service or non-video service under federal law including without limitation revenue received from telecommunications services; revenue received from information services (but not excluding cable services or video services); and any other revenues attributed by the holder of a state-issued certificate of franchise authority to non-cable service or non-video service in accordance with Federal Communications Commission or commission rules, regulations, standards, or orders; (v) any revenue paid by subscribers to home shopping programmers directly from the sale of merchandise through any home shopping channel offered as part of the cable services or video services, but not excluding any commissions that are paid tothe holder of a state-issued certificate of franchise authority as compensation for promotion or exhibition of any products or services on the holder of a state-issued certificate of franchise authority's network, such as a "home shopping" or a similar channel; (vi) the sale of cable services or video services for resale in which the purchaser is required to collect this chapter's fees from the purchaser's customer. Nothing under this chapter is intended to limit state's rights pursuant to 47 U.S.C. Section 542(h); (vii) the provision of cable services or video services to customers at no charge, as required or allowed by this chapter, including without limitation the provision of cable services or video services to public institutions, as required or permitted in this chapter, including without limitation public schools or governmental entities, as required or permitted in this chapter; (viii) any tax of general applicability imposed upon the holder of a state-issued certificate of franchise authority or upon subscribers by a city, state, federal, or any other governmental entity and required to be collected by the holder of a state-issued certificate of franchise authority and remitted to the taxing entity (including, but not limited to, sales and use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes, and fees not imposed by this chapter); (ix) any forgone revenue from the holder of a state-issued certificate of franchise authority's provision of free or reduced cost cable services or video services to any person including without limitation employees of the holder of a state-issued certificate of franchise authority, to the municipality and other public institutions or other institutions as allowed in this chapter; provided, however, that any forgone revenue which the holder of a state-issued certificate of franchise authority chooses not to receive in exchange for trades, barters, services, or other items of value shall be included in gross revenue; (x) sales of capital assets or sales of surplus equipment that is not used by the purchaser to receive cable services or video services from the holder of a state-issued certificate of franchise authority; (xi) directory or Internet advertising revenue including, but not limited to, yellow pages, white pages, banner advertisement, and electronic publishing; and (xii) reimbursement by programmers of marketing costs incurred by the holder of a state-issued franchise for the introduction of new programming that exceed the actual costs. (C) For purposes of this definition, a provider's network consists solely of the optical spectrum wavelengths, bandwidth, or other current or future technological capacity used for the transmission of video programming over wireline directly to subscribers within the geographic area within the municipality as designated by the provider in its franchise. (7) "Incumbent cable service provider" means the cable service provider serving the largest number of cable subscribers in a particular municipal franchise area on September 1, 2005. (8) "Public right-of-way" means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which a municipality has an interest. (9) "Video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station, as set forth in 47 U.S.C. Section 522(20). (10) "Video service" means video programming services provided through wireline facilities located at least in part in the public right-of-way without regard to delivery technology, including Internet protocol technology. This definition does not include any video service provided by a commercial mobile service provider as defined in 47 U.S.C. Section 332(d). (11) "Video service provider" means a video programming distributor that distributes video programming services through wireline facilities located at least in part in the public right-of-way without regard to delivery technology. This term does not include a cable service provider. Sec. 66.003. STATE AUTHORIZATION TO PROVIDE CABLE SERVICE OR VIDEO SERVICE. (a) An entity or person seeking to provide cable service or video service in this state after September 1, 2005, shall file an application for a state-issued certificate of franchise authority with the commission as required by this section. An entity providing cable service or video service under a franchise agreement with a municipality is not subject to this subsection with respect to such municipality until the franchise agreement expires, except as provided by Section 66.004. (a-1) The commission shall notify an applicant for a state-issued certificate of franchise authority whether the applicant's affidavit described by Subsection (b) is complete before the 15th business day after the applicant submits the affidavit. (b) The commission shall issue a certificate of franchise authority to offer cable service or video service before the 17th business day after receipt of a completed affidavit submitted by the applicant and signed by an officer or general partner of the applicant affirming: (1) that the applicant has filed or will timely file with the Federal Communications Commission all forms required by that agency in advance of offering cable service or video service in this state; (2) that the applicant agrees to comply with all applicable federal and state statutes and regulations; (3) that the applicant agrees to comply with all applicable municipal regulations regarding the use and occupation of public rights-of-way in the delivery of the cable service or video service, including the police powers of the municipalities in which the service is delivered; (4) a description of the service area footprint to be served within the municipality, if applicable, otherwise the municipality to be served by the applicant, which may include certain designations of unincorporated areas, which description shall be updated by the applicant prior to the expansion of cable service or video service to a previously undesignated service area and, upon such expansion, notice to the commission of the service area to be served by the applicant; and (5) the location of the applicant's principal place of business and the names of the applicant's principal executive officers. (c) The certificate of franchise authority issued by the commission shall contain: (1) a grant of authority to provide cable service or video service as requested in the application; (2) a grant of authority to use and occupy the public rights-of-way in the delivery of that service, subject to the laws of this state, including the police powers of the municipalities in which the service is delivered; and (3) a statement that the grant of authority is subject to lawful operation of the cable service or video service by the applicant or its successor in interest. (d) The certificate of franchise authority issued by the commission is fully transferable to any successor in interest to the applicant to which it is initially granted. A notice of transfer shall be filed with the commission and the relevant municipality within 14 business days of the completion of such transfer. (e) The certificate of franchise authority issued by the commission may be terminated by the cable service provider or video service provider by submitting notice to the commission. Sec. 66.004. ELIGIBILITY FOR COMMISSION-ISSUED FRANCHISE. (a) A cable service provider or a video service provider that currently has or had previously received a franchise to provide cable service or video service with respect to such municipalities is not eligible to seek a state-issued certificate of franchise authority under this chapter as to those municipalities until the expiration date of the existing franchise agreement, except as provided by Subsections (b) and (c). (b) Beginning September 1, 2005, a cable service provider or video service provider that is not the incumbent cable service provider and serves fewer than 40 percent of the total cable customers in a particular municipal franchise area may elect to terminate that municipal franchise and seek a state-issued certificate of franchise authority by providing written notice to the commission and the affected municipality before January 1, 2006. The municipal franchise is terminated on the date the commission issues the state-issued certificate of franchise authority. (c) A cable service provider that serves fewer than 40 percent of the total cable customers in a municipal franchise area and that elects under Subsection (b) to terminate an existing municipal franchise is responsible for remitting to the affected municipality before the 91st day after the date the municipal franchise is terminated any accrued but unpaid franchise fees due under the terminated franchise. If the cable service provider has credit remaining from prepaid franchise fees, the provider may deduct the amount of the remaining credit from any future fees or taxes it must pay to the municipality, either directly or through the comptroller. (d) For purposes of this section, a cable service provider or video service provider will be deemed to have or have had a franchise to provide cable service or video service in a specific municipality if any affiliates or successor entity of the cable or video provider has or had a franchise agreement granted by that specific municipality. (e) The terms "affiliates or successor entity" in this section shall include but not be limited to any entity receiving, obtaining, or operating under a municipal cable or video franchise through merger, sale, assignment, restructuring, or any other type of transaction. (f) Except as provided in this chapter, nothing in this chapter is intended to abrogate, nullify, or adversely affect in any way the contractual rights, duties, and obligations existing and incurred by a cable service provider or a video service provider before the enactment of this chapter, and owed or owing to any private person, firm, partnership, corporation, or other entity including without limitation those obligations measured by and related to the gross revenue hereafter received by the holder of a state-issued certificate of franchise authority for services provided in the geographic area to which such prior franchise or permit applies. All liens, security interests, royalties, and other contracts, rights, and interests in effect on September 1, 2005, shall continue in full force and effect, without the necessity for renewal, extension, or continuance, and shall be paid and performed by the holder of a state-issued certificate of franchise authority, and shall apply as though the revenue generated by the holder of a state-issued certificate of franchise authority continued to be generated pursuant to the permit or franchise issued by the prior local franchising authority or municipality within the geographic area to which the prior permit or franchise applies. It shall be a condition to the issuance and continuance of a state-issued certificate of franchise authority that the private contractual rights and obligations herein described continue to be honored, paid, or performed to the same extent as though the cable service provider continued to operate under its prior franchise or permit, for the duration of such state-issued certificate of franchise authority and any renewals or extensions thereof, and that the applicant so agrees. Any person, firm, partnership, corporation, or other entity holding or claiming rights herein reserved may enforce same by an action brought in a court of competent jurisdiction. Sec. 66.005. FRANCHISE FEE. (a) The holder of a state-issued certificate of franchise authority shall pay each municipality in which it provides cable service or video service a franchise fee of five percent based upon the definition of gross revenues as set forth in this chapter. That same franchise fee structure shall apply to any unincorporated areas that are annexed by a municipality after the effective date of the state-issued certificate of franchise authority. (b) The franchise fee payable under this section is to be paid quarterly, within 45 days after the end of the quarter for the preceding calendar quarter. Each payment shall be accompanied by a summary explaining the basis for the calculation of the fee. A municipality may review the business records of the cable service provider or video service provider to the extent necessary to ensure compensation in accordance with Subsection (a). Each party shall bear the party's own costs of the examination. A municipality may, in the event of a dispute concerning compensation under this section, bring an action in a court of competent jurisdiction. (c) The holder of a state-issued certificate of franchise authority may recover from the provider's customers any fee imposed by this chapter. Sec. 66.006. IN-KIND CONTRIBUTIONS TO MUNICIPALITY. (a) Until the expiration of the incumbent cable service provider's agreement, the holder of a state-issued certificate of franchise authority shall pay a municipality in which it is offering cable service or video service the same cash payments on a per subscriber basis as required by the incumbent cable service provider's franchise agreement. All cable service providers and all video service providers shall report quarterly to the municipality the total number of subscribers served within the municipality. The amount paid by the holder of a state-issued certificate of franchise authority shall be calculated quarterly by the municipality by multiplying the amount of cash payment under the incumbent cable service provider's franchise agreement by a number derived by dividing the number of subscribers served by a video service provider or cable service provider by the total number of video or cable service subscribers in the municipality. Such pro rata payments are to be paid quarterly to the municipality within 45 days after the end of the quarter for the preceding calendar quarter. (b) On the expiration of the incumbent cable service provider's agreement, the holder of a state-issued certificate of franchise authority shall pay a municipality in which it is offering cable service or video service one percent of the provider's gross revenues, as defined by this chapter, or at the municipality's election, the per subscriber fee that was paid to the municipality under the expired incumbent cable service provider's agreement, in lieu of in-kind compensation and grants. Payments under this subsection shall be paid in the same manner as outlined in Section 66.005(b). (c) All fees paid to municipalities under this section are paid in accordance with 47 U.S.C. Sections 531 and 541(a)(4)(B) and may be used by the municipality as allowed by federal law; further, these payments are not chargeable as a credit against the franchise fee payments authorized under this chapter. (d) The following services shall continue to be provided by the cable provider that was furnishing services pursuant to its municipal cable franchise until January 1, 2008, or until the term of the franchise was to expire, whichever is later, and thereafter as provided in Subdivisions (1) and (2) below: (1) institutional network capacity, however defined or referred to in the municipal cable franchise but generally referring to a private line data network capacity for use by the municipality for noncommercial purposes, shall continue to be provided at the same capacity as was provided to the municipality prior to the date of the termination, provided that the municipality will compensate the provider for the actual incremental cost of the capacity; and (2) cable services to community public buildings, such as municipal buildings and public schools, shall continue to be provided to the same extent provided immediately prior to the date of the termination. Beginning on January 1, 2008, or the expiration of the franchise agreement, whichever is later, a provider that provides the services may deduct from the franchise fee to be paid to the municipality an amount equal to the actual incremental cost of the services if the municipality requires the services after that date. Such cable service generally refers to the existing cable drop connections to such facilities and the tier of cable service provided pursuant to the franchise at the time of the termination. Sec. 66.007. BUILD-OUT. The holder of a state-issued certificate of franchise authority shall not be required to comply with mandatory build-out provisions. Sec. 66.008. CUSTOMER SERVICE STANDARDS. The holder of a state-issued certificate of franchise authority shall comply with customer service requirements consistent with 47 C.F.R. Section 76.309(c) until there are two or more providers offering service, excluding direct-to-home satellite service, in the relevant municipality. Sec. 66.009. PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS CHANNELS. (a) Not later than 120 days after a request by a municipality, the holder of a state-issued certificate of franchise authority shall provide the municipality with capacity in its communications network to allow public, educational, and governmental (PEG) access channels for noncommercial programming. (b) The holder of a state-issued certificate of franchise authority shall provide no fewer than the number of PEG access channels a municipality has activated under the incumbent cable service provider's franchise agreement as of September 1, 2005. (c) If a municipality did not have PEG access channels as of September 1, 2005, the cable service provider or video service provider shall furnish: (1) up to three PEG channels for a municipality with a population of at least 50,000; and (2) up to two PEG channels for a municipality with a population of less than 50,000. (d) Any PEG channel provided pursuant to this section that is not utilized by the municipality for at least eight hours a day shall no longer be made available to the municipality, but may be programmed at the cable service provider's or video service provider's discretion. At such time as the municipality can certify to the cable service provider or video service provider a schedule for at least eight hours of daily programming, the cable service provider or video service provider shall restore the previously lost channel but shall be under no obligation to carry that channel on a basic or analog tier. (e) In the event a municipality has not utilized the minimum number of access channels as permitted by Subsection (c), access to the additional channel capacity allowed in Subsection (c) shall be provided upon 90 days' written notice if the municipality meets the following standard: if a municipality has one active PEG channel and wishes to activate an additional PEG channel, the initial channel shall be considered to be substantially utilized when 12 hours are programmed on that channel each calendar day. In addition, at least 40 percent of the 12 hours of programming for each business day on average over each calendar quarter must be nonrepeat programming. Nonrepeat programming shall include the first three video-castings of a program. If a municipality is entitled to three PEG channels under Subsection (c) and has in service two active PEG channels, each of the two active channels shall be considered to be substantially utilized when 12 hours are programmed on each channel each calendar day and at least 50 percent of the 12 hours of programming for each business day on average over each calendar quarter is nonrepeat programming for three consecutive calendar quarters. (f) The operation of any PEG access channel provided pursuant to this section shall be the responsibility of the municipality receiving the benefit of such channel, and the holder of a state-issued certificate of franchise authority bears only the responsibility for the transmission of such channel. The holder of a state-issued certificate of franchise authority shall be responsible for providing the connectivity to each PEG access channel distribution point up to the first 200 feet. (g) The municipality must ensure that all transmissions, content, or programming to be transmitted over a channel or facility by a holder of a state-issued certificate of franchise authority are provided or submitted to the cable service provider or video service provider in a manner or form that is capable of being accepted and transmitted by a provider, without requirement for additional alteration or change in the content by the provider, over the particular network of the cable service provider or video service provider, which is compatible with the technology or protocol utilized by the cable service provider or video service provider to deliver services. (h) Where technically feasible, the holder of a state-issued certificate of franchise authority and an incumbent cable service provider shall use reasonable efforts to interconnect their cable or video systems for the purpose of providing PEG programming. Interconnection may be accomplished by direct cable, microwave link, satellite, or other reasonable method of connection. Holders of a state-issued certificate of franchise authority and incumbent cable service providers shall negotiate in good faith and incumbent cable service providers may not withhold interconnection of PEG channels. (i) A court of competent jurisdiction shall have exclusive jurisdiction to enforce any requirement under this section. Sec. 66.010. NONDISCRIMINATION BY MUNICIPALITY. (a) A municipality shall allow the holder of a state-issued certificate of franchise authority to install, construct, and maintain a communications network within a public right-of-way and shall provide the holder of a state-issued certificate of franchise authority with open, comparable, nondiscriminatory, and competitively neutral access to the public right-of-way. All use of a public right-of-way by the holder of a state-issued certificate of franchise authority is nonexclusive and subject to Section 66.011. (b) A municipality may not discriminate against the holder of a state-issued certificate of franchise authority regarding: (1) the authorization or placement of a communications network in a public right-of-way; (2) access to a building; or (3) a municipal utility pole attachment term. Sec. 66.011. MUNICIPAL POLICE POWER; OTHER AUTHORITY. (a) A municipality may enforce police power-based regulations in the management of a public right-of-way that apply to the holder of a state-issued certificate of franchise authority within the municipality. A municipality may enforce police power-based regulations in the management of the activities of the holder of a state-issued certificate of franchise authority to the extent that they are reasonably necessary to protect the health, safety, and welfare of the public. Police power-based regulation of the holder of a state-issued certificate of franchise authority's use of the public right-of-way must be competitively neutral and may not be unreasonable or discriminatory. A municipality may not impose on activities of the holder of a state-issued certificate of franchise authority a requirement: (1) that particular business offices be located in the municipality; (2) regarding the filing of reports and documents with the municipality that are not required by state or federal law and that are not related to the use of the public right-of-way except that a municipality may request maps and records maintained in the ordinary course of business for purposes of locating the portions of a communications network that occupy public rights-of-way. Any maps or records of the location of a communications network received by a municipality shall be confidential and exempt from disclosure under Chapter 552, Government Code, and may be used by a municipality only for the purpose of planning and managing construction activity in the public right-of-way. A municipality may not request information concerning the capacity or technical configuration of the holder of a state-issued certificate of franchise authority's facilities; (3) for the inspection of the holder of a state-issued certificate of franchise authority's business records except to extent permitted under Section 66.005(b); (4) for the approval of transfers of ownership or control of the holder of a state-issued certificate of franchise authority's business, except that a municipality may require that the holder of a state-issued certificate of franchise authority maintain a current point of contact and provide notice of a transfer within a reasonable time; or (5) that the holder of a state-issued certificate of franchise authority that is self-insured under the provisions of state law obtain insurance or bonding for any activities within the municipality, except that a self-insured provider shall provide substantially the same defense and claims processing as an insured provider. A bond may not be required from a provider for any work consisting of aerial construction except that a reasonable bond may be required of a provider that cannot demonstrate a record of at least four years' performance of work in any municipal public right-of-way free of currently unsatisfied claims by a municipality for damage to the right-of-way. (b) Notwithstanding any other law, a municipality may require the issuance of a construction permit, without cost, to the holder of a state-issued certificate of franchise authority that is locating facilities in or on a public right-of-way in the municipality. The terms of the permit shall be consistent with construction permits issued to other persons excavating in a public right-of-way. (c) In the exercise of its lawful regulatory authority, a municipality shall promptly process all valid and administratively complete applications of the holder of a state-issued certificate of franchise authority for a permit, license, or consent to excavate, set poles, locate lines, construct facilities, make repairs, affect traffic flow, or obtain zoning or subdivision regulation approvals or other similar approvals. A municipality shall make every reasonable effort not to delay or unduly burden the provider in the timely conduct of the provider's business. (d) If there is an emergency necessitating response work or repair, the holder of a state-issued certificate of franchise authority may begin the repair or emergency response work or take any action required under the circumstances without prior approval from the affected municipality, if the holder of a state-issued certificate of franchise authority notifies the municipality as promptly as possible after beginning the work and later obtains any approval required by a municipal ordinance applicable to emergency response work. (e) The commission shall have no jurisdiction to review such police power-based regulations and ordinances adopted by a municipality to manage the public rights-of-way. Sec. 66.012. INDEMNITY IN CONNECTION WITH RIGHT-OF-WAY; NOTICE OF LIABILITY. (a) The holder of a state-issued certificate of franchise authority shall indemnify and hold a municipality and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney's fees and costs of defense), proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including personal or bodily injury (including death), property damage, or other harm for which recovery of damages is sought, that is found by a court of competent jurisdiction to be caused solely by the negligent act, error, or omission of the holder of a state-issued certificate of franchise authority or any agent, officer, director, representative, employee, affiliate, or subcontractor of the holder of a state-issued certificate of franchise authority or their respective officers, agents, employees, directors, or representatives, while installing, repairing, or maintaining facilities in a public right-of-way. The indemnity provided by this subsection does not apply to any liability resulting from the negligence of the municipality or its officers, employees, contractors, or subcontractors. If the holder of a state-issued certificate of franchise authority and the municipality are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of this state without, however, waiving any governmental immunity available to the municipality under state law and without waiving any defenses of the parties under state law. This subsection is solely for the benefit of the municipality and the holder of a state-issued certificate of franchise authority and does not create or grant any rights, contractual or otherwise, for or to any other person or entity. (b) The holder of a state-issued certificate of franchise authority and a municipality shall promptly advise the other in writing of any known claim or demand against the holder of a state-issued certificate of franchise authority or the municipality related to or arising out of the holder of a state-issued certificate of franchise authority's activities in a public right-of-way. (c) The commission shall have no jurisdiction to review such police power-based regulations and ordinances adopted by a municipality to manage the public rights-of-way. Sec. 66.013. MUNICIPAL AUTHORITY. In addition to a municipality's authority to exercise its nondiscriminatory police power with respect to public rights-of-way under current law, a municipality's authority to regulate the holder of state-issued certificate of franchise authority is limited to: (1) a requirement that the holder of a state-issued certificate of franchise authority who is providing cable service or video service within the municipality register with the municipality and maintain a point of contact; (2) the establishment of reasonable guidelines regarding the use of public, educational, and governmental access channels; and (3) submitting reports within 30 days on the customer service standards referenced in Section 66.008 if the provider is subject to those standards and has continued and unresolved customer service complaints indicating a clear failure on the part of the holder of a state-issued certificate of franchise authority to comply with the standards. Sec. 66.014. DISCRIMINATION PROHIBITED. (a) The purpose of this section is to prevent discrimination among potential residential subscribers. (b) A cable service provider or video service provider that has been granted a state-issued certificate of franchise authority may not deny access to service to any group of potential residential subscribers because of the income of the residents in the local area in which such group resides. (c) An affected person may seek enforcement of the requirements described by Subsection (b) by initiating a proceeding with the commission. A municipality within which the potential residential cable service or video service subscribers referenced in Subsection (b) may be considered an affected person for purposes of this section. (d) The holder of a state-issued certificate of franchise authority shall have a reasonable period of time to become capable of providing cable service or video service to all households within the designated franchise area as defined in Section 66.003(b)(4) and may satisfy the requirements of this section through the use of an alternative technology that provides comparable content, service, and functionality. (e) Notwithstanding any provision of this chapter, the commission has the authority to make the determination regarding the comparability of the technology and the service provided. Notwithstanding any provision of this chapter, the commission has the authority to monitor the deployment of cable services, video services, or alternate technology. Sec. 66.015. COMPLIANCE. (a) Should the holder of a state-issued certificate of franchise authority be found by a court of competent jurisdiction to be in noncompliance with the requirements of this chapter, the court shall order the holder a state-issued certificate of franchise authority, within a specified reasonable period of time, to cure such noncompliance. Failure to comply shall subject the holder of the state-issued franchise of franchise authority to penalties as the court shall reasonably impose, up to and including revocation of the state-issued certificate of franchise authority granted under this chapter. (b) A municipality within which the provider offers cable service or video service shall be an appropriate party in any such litigation. Sec. 66.016. APPLICABILITY OF OTHER LAWS. (a) Nothing in this chapter shall be interpreted to prevent a voice provider, cable service provider or video service provider, or municipality from seeking clarification of its rights and obligations under federal law or to exercise any right or authority under federal or state law. (b) Nothing in this chapter shall limit the ability of a municipality under existing law to receive compensation for use of the public rights-of-way from entities determined not to be subject to all or part of this chapter, including but not limited to provider of Internet protocol cable or video services, unless such payments are expressly prohibited by federal law. Sec. 66.017. STUDY. (a) The telecommunications competitiveness legislative oversight committee shall conduct a joint interim study with the commission regarding the following: (1) appropriate alternative forms of competitively neutral compensation methodology that should flow to municipalities from all sources related to the provision of information services, telecommunication services, cable services, and video services; (2) right-of-way access and fees; (3) the transition from local franchise authority to state-issued authority, including methods to maintain current municipal revenue streams, including franchise fees and in-kind contributions; continuation of public, educational, and governmental access channels; and build-out requirements; and (4) other relevant issues. (b) The committee shall report its findings to the lieutenant governor and speaker of the House of Representatives no later than December 31, 2006. (c) This section expires January 1, 2007. SECTION 28. Section 283.002, Local Government Code, is amended by amending Subdivision (2) and adding Subdivision (7) to read as follows: (2) "Certificated telecommunications provider" means a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the commission to offer local exchange telephone service or a person who provides voice service. (7) "Voice service" means voice communications services provided through wireline facilities located at least in part in the public right-of-way, without regard to the delivery technology, including Internet protocol technology. The term does not include voice service provided by a commercial mobile service provider as defined by 47 U.S.C. Section 332(d). SECTION 29. The following provisions of the Utilities Code are repealed: (1) Subchapters B through F, Chapter 62; and (2) Chapters 61 and 63. SECTION 30. The Public Utility Commission of Texas shall conduct a study to determine whether Title 2, Utilities Code, adequately preserves customer choice in the Internet-enabled applications employed in association with broadband service and shall report its conclusions and recommendations to the legislature not later than January 1, 2007. The study must include consultation with and comment from all interested parties. SECTION 31. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. SECTION 32. This Act takes effect September 1, 2005, if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for effect on that date, this Act takes effect on the 91st day after the last day of the legislative session. ______________________________ ______________________________ President of the Senate Speaker of the House
  I hereby certify that S.B. No. 5 passed the Senate on August 9, 2005, by the following vote: Yeas 24, Nays 3, one present not voting.______________________________ Secretary of the Senate I hereby certify that S.B. No. 5 passed the House on August 10, 2005, by the following vote: Yeas 144, Nays 1, one present not voting.______________________________ Chief Clerk of the House Approved:______________________________ Date______________________________ Governor
VODEO-BBC News - New life for Texas abortion bill blocked by Wendy Davis
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  Archived Version
  Thu, 27 Jun 2013 01:54
  26 June 2013Last updated at18:45 ETPlease turn on JavaScript. Media requires JavaScript to play.
  Senator Wendy Davis had to stay on topic and remain standing over the 10-hour period
  The governor of Texas has called a special legislative session in an attempt to pass an anti-abortion law blocked when a Democratic senator undertook a marathon delaying speech.
  Republican Rick Perry ordered lawmakers to return on 1 July.
  Senator Wendy Davis spoke for more than 10 hours on Tuesday, blocking Republicans from banning abortion after 20 weeks of pregnancy.
  Republicans ran out of time when the legislative session ended at midnight.
  The bill, opposed by many Democrats, who hold a minority in the legislature, would also require all pregnancy terminations to take place in specially-equipped surgical centres, effectively closing most of the state's abortion clinics.
  Decorum 'breakdown'"Through their duly elected representatives, the citizens of our state have made crystal clear their priorities for our great state," Mr Perry said in a statement on Wednesday.
  "We will not allow the breakdown of decorum and decency to prevent us from doing what the people of this state hired us to do."
  Mr Perry said the special session would take up three pieces of legislation, including the abortion bill.
  During her extended delaying speech on Tuesday, which is known in US political parlance as a filibuster, Sen Davis read testimony and messages from women and others opposing the legislation as she remained standing without any breaks.
  Continue reading the main storyTwelve states have already passed 20-week bans, according to the Guttmacher InstituteCourts have blocked bans in Arizona, Arkansas, Georgia and Idaho.In March, North Dakota banned abortion after a foetal heartbeat is detected, which can be at six weeks.The US House of Representatives has passed a bill to limit abortions to the first 20 weeks, but it will not be passed by the Senate.Sen Davis was picked to lead the filibuster because she had her first child as a teenager and went on to graduate from Harvard Law School.
  "I was a poor, uninsured woman, whose only care was provided through that facility. It was my medical home," said Sen Davis, 50.
  Texas Lt Governor David Dewhurst, who is Senate president, eventually suspended the filibuster after ruling that she had gone off topic. Democrats appealed, sparking a debate over parliamentary rules.
  State restrictionsAs the clock ticked to midnight, Republicans rushed to hold a vote on the bill, amid jeers from pro-abortion rights protesters in the public gallery.
  But amid the disruption, Lt Gov Dewhurst said he had been unable to sign the bill within the deadline following a 19-10 vote. He blamed an "unruly mob" in the gallery.
  Supporters of the bill say the measures will improve safety standards. It requires doctors who perform abortions to have admitting privileges at a nearby hospital.
  Only five of Texas' 42 abortion clinics would remain in operation if the law passes, and opponents say this will force women to travel hundreds of miles or resort to dangerous methods to obtain the procedure.
  The US Supreme Court legalised abortion nationwide in 1973, but about a dozen conservative states have enacted laws in recent years that seek to limit the procedure.
  In March, North Dakota banned abortions once a foetal heartbeat is detected - as early as six weeks - in the most restrictive law of its kind in the US.
Art 'sold more online than in galleries'
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  Archived Version
  Source: BBC News - Technology
  Thu, 27 Jun 2013 01:51
  26 June 2013Last updated at19:05 ETBy Alex HudsonBBC ClickThe art industry is one of the last creative industries to make the digital move - but, with more people buying art online without ever seeing it in real life, it could be that times are already changing.
  If visitors to London want to see contemporary art, the first port of call has traditionally been the Tate Modern. In 2012, a record 5.3 million visitors journeyed through its doors.
  More people in the UK visit art galleries and museums than attend Premier League football matches but record numbers are flocking to the internet too. And buying art is the becoming an industry norm.
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  Artists "like nothing better than manipulating reality so we can't tell the difference between real and fake"
  In an industry worth an estimated £40bn, that's quite a big business to tap into.
  The online art market is already estimated to be growing by 20% each year.
  "We sell more art in a month online than most bricks-and-mortar galleries do in a year," says Rebecca Wilson, a director of Saatchi Gallery.
  "It's because of a huge international audience, a lot of work and a team of curators making sure very good work rises to the fore."
  Continue reading the main story''Start QuoteArt is so much better live than online which is, of course, something we struggle to overcome''
  End QuoteJonas AlmgrenArtfinderMore art is now being viewed online than as originals and, with more and more galleries showcasing online rather than on walls, is the importance of a physical gallery being lost?
  "Even before online, a majority of their sales, even in the high-end galleries happened at art fairs, not in the galleries," says Jonas Almgren, chief executive of art website Artfinder.
  "The physical space is diminishing in importance.
  "Contrary to looking at the White Cubes of the world - that all start opening more gallery spaces - many of the next tier of galleries actually shut down or shrunk down their gallery space."
  Yet it's not only the middle-market that is using the web to attract buyers, and Artfinder is by no means the only way to find art.
  Sight unseenWebsite Artsy is currently exclusively promoting original Andy Warhol pieces, an idea very unlikely a few years ago.
  While to some, $20,000 (£13,000) may seem a snip for a Polaroid photo, it's certainly a move away from traditional ways of art being displayed and the idea that only cheap posters can be sold online.
  The big surprise is the amount of art sold "sight unseen". This means the art is sold from a traditional gallery without the buyer ever having seen the art in real life.
  According to analysis from insurers Hiscox, about 90% of galleries regularly sell art to clients on the basis of a digital image only.
  "Art is so much better live than online which is, of course, something we struggle to overcome," says Mr Almgren.
  "Once you buy it though, art collection is addictive. The magic moment happens when you unwrap it and see it rather than in a gallery."
  And the stereotype of younger people being more tech-savvy is, according to Hiscox, simply not true. Most collectors aged over 65 had bought art directly online.
  "There's a long-standing elitist idea in the art world," says Ms Wilson.
  "When online art started, people were unsure about buying shoes online, so the idea that you could buy art online was unheard of. That's totally shifted.
  "I feel it's a parallel universe to the very traditional gallery and museum structure which has dominated the art world. It is causing a big shift but I don't think that one will eradicate the other."
  And the upper echelons of the art world still do not seem to be willing to embrace change as quickly.
  Continue reading the main story''Start QuoteWe really want to make online like a proper gallery''
  End QuoteRebecca WilsonSaatchi Gallery"The high-end is 200 galleries, 2,000 artists and maybe 2,000 buyers," says Mr Almgren.
  "That's a large part of the market because it's very top heavy but it's not the largest part. It's much broader."
  But art is an industry not always filled with success stories.
  US art site 20x200 is currently offline and trying to secure new funding. Keen to point out they are "not gone, just resting", the risks for the hundreds of online art ventures started in recent years is clear to see.
  200,000 picturesWith all this competition from online, big retailers and even the increasing number of restaurants and cafes selling art, could it be the case that the physical gallery ever vanishes?
  "I don't think so," says Mr Almgren.
  "There's going to be even more need for people to explain what really is good."
  And with the volume of art now available to browse, curating is a difficult challenge. As an example, Saatchi Online currently has about 200,000 different works for sale.
  "We really want to make online like a proper gallery, it's just online," says Ms Wilson.
  "I look at every single piece of art uploaded every day. It's a major job but incredibly exciting and we work with other curators to bridge that gap between the online and gallery world."
  If that gap is to be bridged, the art community must be happier moving even further away from the physical gallery towards high-resolution images.
  "Art is still way behind fashion, where the change has largely already happened," says Mr Almgren.
  "I think it will move online faster. Of the people that bought in April [2013], 14% have already bought again in a month and a half. It's just remarkable and I can't quite explain it."
Your Money: How the Supreme Court Ruling Will Affect Same-Sex Spouses
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  Archived Version
  Source: NYT > Home Page
  Thu, 27 Jun 2013 01:45
  Gay couples have long had second-tier status when it came to their finances '-- many things were more complicated, like filing tax returns, and often more costly, like health insurance.
  Now that the Supreme Court has struck down the Defense of Marriage Act, some of these issues will be wiped away. The ruling makes clear that married gay couples living in states that recognize their unions will immediately gain access to more than 1,000 federal benefits, like Social Security and family leave rights. Less certain is how couples living in the remaining 37 states will fare.
  The murkiness exists because federal agencies generally defer to the states to determine a couple's marital status. Some agencies look to the laws in the state in which a couple now live, for instance, while others look to those in the state in which the couple were married.
  ''Unless the administration changes its practices and rules '-- and in a couple of cases, unless the law changes '-- then couples residing in a nonmarriage-equality state may not be recognized for some federal programs,'' said Brian Moulton, legal director at the Human Rights Campaign. ''Now that we have an opinion out, we will be anxiously awaiting what the administration will say about this and urging them to ensure that all married couples, regardless of where they live, are fully recognized.''
  White House officials said that they had already begun analyzing the hundreds of relevant laws and statutes at issue and were working with the Justice Department to make benefits available as swiftly as possible.
  But even if the administration were to apply the ruling broadly, gay married couples would still not be on entirely even ground with their heterosexual peers. Until other states approve the unions, couples will still need to travel to one of 13 states or the District of Columbia to get married. And they will still need to deal with a patchwork of state laws that could make it difficult to get a divorce or establish legal ties to their children.
  Of the estimated 650,000 same-sex couples living together nationally, about 114,100 are legally married, according to the Williams Institute. But those figures could increase, given the court's other ruling on Wednesday that effectively removes legal obstacles to same-sex couples marrying in California.
  Here's how many of them will be affected:
  Social Security
  Gay married couples living in states where same-sex marriage is legal can apply for Social Security benefits on their spouses' earnings records, as well as survivor benefits. The Social Security Administration typically looks to the states to determine whether a person is married, which could create problems for couples that move to a state where it is not.
  But it is possible that benefits would extend to couples in certain civil unions and registered domestic partnerships. The agency's rules also say that if a person is not married '-- but would inherit property from a spouse as a married person would without a will according to their state's law '-- that person is also entitled to benefits.
  ''Though still untested while DOMA has been in place, we presume that under this provision partners in a civil union or comprehensive domestic partnership (or even in a less comprehensive domestic partnership but one in which you can inherit under state law, as in Wisconsin) could claim spousal benefits,'' said Susan Sommer, director of constitutional litigation at Lambda Legal, a gay rights advocacy group
  Federal Income Taxes
  Married couples living in states where gay marriage is legal will be able to file joint federal returns. That should save some couples money, especially when one person earns much less or does not work at all. High-income couples with two working spouses will probably pay more.
  That said, filing jointly can cause even lower-income couples to become ineligible for certain tax savings like the earned-income tax credit. Ultimately, the tax consequences will be based on where couples live, their income and their particular circumstances.
  Couples who would have saved significant sums by filing jointly might want to consider amending their recent tax returns. Such amendments have been permitted for the last three tax years, according to Patricia Cain, a professor at Santa Clara University School of Law and an expert on sexuality and federal tax law. More specifically, that means many taxpayers can refile for tax years 2010, 2011 and 2012. The three-year clock started on April 15 for people who filed on or before that date; those who received a filing extension have three years from the date they filed, she added.
  What remains unclear is whether same-sex couples married in states where gay unions are legal could file joint federal returns if they moved to a state where they are not. ''There has been a lot of discussion about whether the I.R.S. could recognize someone married in Massachusetts but living in Georgia,'' Professor Cain said. ''I think they have the power to do that, but no one seems to think they will do that. I think they will wait for guidance from the White House.''
  The other big question is whether couples in civil unions and registered domestic partnerships can file joint returns. The I.R.S. typically looks to the taxpayer's state of residence to determine whether someone is married. But a letter from the office of the chief counsel of the I.R.S., written in 2011, states that an opposite-sex couple in a civil union in Illinois should be treated as married for federal tax purposes. ''The I.R.S. would have the power to interpret the word spouse,'' Professor Cain said, adding that the Internal Revenue Code does not define the word.
  Employee Benefits
  This article has been revised to reflect the following correction:
  Correction: June 26, 2013
  An earlier version of this article misstated the number of states where gay marriage is permitted following the Supreme Court rulings on Wednesday. Gay couples marry in 13 states, not 12 states, and the District of Columbia.
History wiped clean for 2016: Hillary applauds those who lobbied to overturn law signed by her husband
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  Archived Version
  Source: Twitchy » US Politics
  Wed, 26 Jun 2013 23:20
  Bill Clinton has already offered praise for the Supreme Court overturning the Defense of Marriage Act he signed into law in 1996, and now it's Hillary's turn:
  I applaud all the hard work of everyone who worked so tirelessly to make today possible. wjcf.co/19CkWRy'--Hillary Clinton (@HillaryClinton) June 26, 2013
  Hillary's been working on the issue for a long time. However, to paraphrase her husband, it depends on what your definition of ''a long time'' is:
  @CAAmyO Lol. @HillaryClinton feels so strongly about SSM she 1st publicly supported it only 100 days ago. Leadership! politicalticker.blogs.cnn.com/2013/03/18/hil'...'--Razor (@hale_razor) June 26, 2013
  With that historical speed bump removed, bring on 2016:
  Hillary's in the game today! #DOMA MT @HillaryClinton: I applaud the hard work of everyone who worked so tirelessly to make today possible.'--Debra Gaynor (@debragaynor) June 26, 2013
  Related:
  Hillary evolves on gay marriage, mysteriously avoids getting Portman'd by lefties
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Wal-Mart Says It Won't Place Any Orders For Paula Deen-Branded Products Because Of Racist Comments She Made 27 Years Ago'...
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  Archived Version
  Source: Weasel Zippers
  Wed, 26 Jun 2013 23:18
  Above is a video of horrible racist Paula Deen gushing over Michelle Obama and comparing her to Jackie O (she also campaigned for Barack's presidential bid the same year).
  NEW YORK (AP) '-- Wal-Mart Stores Inc. is announcing that it has ended its relationship with Paula Deen a week after the Southern celebrity chef admitted using racial slurs in the past.
  The world's largest retailer said it will not place ''any new orders beyond what's already committed.''
  The discounter says it will work with suppliers on existing inventories.
  The Bentonville, Ark., company started carrying Paula Deen-branded products at all of its U.S. namesake stores since 2011.
  The latest development follows the announcement on Friday from Food Network that it was dropping her food shows. Smithfield Foods announced on Monday it was dropping her as a spokeswoman as well.
fin1te
  Link to Article
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  Wed, 26 Jun 2013 23:11
  }rHvÄ¼C cI3 Ë.Ü–å¶>>{{HB"%Ñ" 97O_V$9GDKVV*+Çƒg?9dp6}X3wæ'"!xS×EB> ZÔ'mv*Ï[l13> |-Ü(C)Ñ´&a8Z(,oVzcÇ•%ip'`D0n>Uu\0{×kT~,x4X P}!\Ý¥gVMu:#~;'ÍLÅ¹KA^OÏ¯F3)Z}aÚ¼mu-i7GUÙINL/ÎMCv|z"`fMzÕ‹+­~Vw6uG+c9L4D.kj57IbFÍ°'·r6u7Xc#x>2$pO)*[{x*ØžË§Ð±%;>~Ý±H'{CÏ½ Î¨Þ7×¥oVTw_\Su=M9Q,"!XQSK+AÈaZ>tMvBAzBCØN8#mU†L*ÎŽ%LÏ>>d{JÞ'Û(C)Zyie!RÝIl94Jl1@> f.zXU
Russia deploys intel ship off coast of Syria
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  Source: The Top Information Post
  Wed, 26 Jun 2013 23:08
  Russia has reported the deployment of an advanced intelligence naval ship in the eastern Mediterranean. The Russian Navy has deployed its CCB-201 for intelligence operations off the coast of Syria. CCB-201 was deemed one of the largest intelligence-collection ships in the Russian fleet.
  ''The ship arrived in June 2013 and would stay in the region for a while,'' a Russian Navy source said. CCB-201 was designed to collect signals, including telephones, e-mail and faxes from countries along the Mediterranean coast.
  The source said the vessel was capable of intercepting messages from NATO and Arab allies to Sunni rebels in Cyprus, Syria and Turkey. The Russian Navy has deployed similar vessels during Middle East crises. They included Russian Navy deployment of CCB-201, constructed in 1980, in the Gulf.
  The sources said CCB-201, manned by 150 crew members, would also decryptsignals from NATO. They said the information would be transmitted to Russian Navy facilities, including its sole foreign base in the Syrian port of Tartous.
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Controversial trader Marc Rich dies (Euronews video)
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  Source: WT news feed
  Wed, 26 Jun 2013 23:07
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Scalia Freaks Out in Gay Marriage Dissent
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  Source: Truthdig: Drilling Beneath the Headlines
  Wed, 26 Jun 2013 23:04
  Scalia Freaks Out in Gay Marriage DissentPosted on Jun 26, 2013Justice Antonin Scalia had what amounts to the equivalent of a legal meltdown in the dissent he wrote for the Defense of Marriage Act case, dismissing the majority opinion as ''legalistic argle-bargle'' and claiming that it promoted ''homosexual sodomy.''
  ''When the Court declared a constitutional right to homosexual sodomy, we were assured that the case had nothing, nothing at all to do with 'whether the government must give formal recognition to any relationship that homosexual persons seek to enter,' he wrote. ''Now we are told that DOMA is invalid because it 'demeans the couple, whose moral and sexual choices the Constitution protects,' ante, at 23'--with an accompanying citation of Lawrence.''
  Scalia also issued a stern rebuke of Justice Anthony Kennedy'--who wrote the 5-4 majority opinion'--and the justices who signed on to it, accusing them of painting gay marriage opponents as ''enemies of the human race.'' Talk about overly dramatic!
  He wrote: ''But to defend traditional marriage is not to condemn, demean, or humiliate those who would prefer other arrangements, any more than to defend the Constitution of the United States is to condemn, demean, or humiliate other constitutions. To hurl such accusations so casually demeans this institution. In the majority's judgment, any resistance to its holding is beyond the pale of reasoned disagreement. To question its high-handed invalidation of a presumptively valid statute is to act (the majority is sure) with the purpose to 'disparage,' 'injure,' 'degrade,' 'demean,' and 'humiliate' our fellow human beings, our fellow citizens, who are homosexual. All that, simply for supporting an Act that did no more than codify an aspect of marriage that had been unquestioned in our society for most of its existence'-- indeed, had been unquestioned in virtually all societies for virtually all of human history. It is one thing for a society to elect change, it is another for a court of law to impose change by adjudging those who oppose it hostes humani generis, enemies of the human race.''
  Salon's Alex Pareene:
  Scalia moans at length that Justice Kennedy's decision is mean to anti-gay marriage people. It is so mean to them! People who oppose gay marriage are the Real Victims here, because Justice Kennedy has accused them of demeaning gay people simply by wishing to deny them the right to marry.
  ...The actual lives of gay people '-- the specific rights and benefits denied them by DOMA and related legislation '-- never enter into Scalia's thinking, at all. What matters most is the hurt feelings of social conservatives, who have been accused of malice against homosexuals. (I never knew Scalia cared so deeply about what his political opponents thought of him. He seemed like a thick-skinned fellow before this.)
  This is the gay-marriage version of the ''calling something racist is worse than racism'' argument currently so popular among aggrieved white conservatives. (Justice Roberts basically made this argument in the court's horrible Shelby County v. Holder decision. Calling former Confederate states racist is racist against former Confederate states!) It is the lamest of last-resort arguments, and I'm not sure how same-sex marriage opponents expect same-sex marriage advocates to respond to it. Most people who support gay marriage '-- which is now most Americans '-- believe that gay marriage bans are discriminatory and unfair, and based more on fear and disgust than any sort of reason or logic. There seems to be plenty of evidence '-- including evidence in Scalia's own history of opinions and statements '-- that most opposition to gay marriage is rooted in irrational dislike of gay people, with half-assed appeals to ''tradition'' laid on top. When people point that out, they are accused of accusing their opponents of being monsters. But I'd love to hear how one is supposed to say ''I think you're dead wrong on this moral question'' without sounding too judgey.
  Read more
  Scalia's rage over Wednesday's decision'--at least in the Defense of Marriage Act case'--perhaps can best be characterized by comedian Andy Borowitz, who wrote a satirical item for The New Yorker in which he envisioned an angry Scalia getting arrested after attempting to burn down the Supreme Court over its ruling.
  In a fitting touch, Borowitz wrote, ''Back at the Supreme Court, Justice Scalia's colleagues said they hoped he would get the help he needed, except for Justice Clarence Thomas, who said nothing.''
  '--Posted by Tracy Bloom.
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Henry Kissinger says US media lying about Syria
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  Source: The Top Information Post
  Wed, 26 Jun 2013 23:03
  Former U.S. secretary of state Henry Kissinger says the American media are not telling the truth about the current situation in Syria.
  ''In the American press it's described as a conflict between democracy and a dictator- and the dictator is killing his own people, and we've got to punish him. But that's not what's going on,'' he said during a speech at the Ford School of Public Policy at the University of Michigan.
  ''It is now a civil war between sectarian groups,'' Kissinger added.
  Kissinger's remarks come as the United States has been criticized for fomenting sectarian discord in Syria and the broader Middle East by interfering in the nations' internal affairs and backing up insurgencies.
  Elsewhere in his remarks Kissinger said ''the outcome I would prefer to see'' in Syria was a broken-up and balkanized country with ''more or less autonomous regions.''
  U.S. President Barack Obama has authorized sending weapons to foreign-backed militants in Syria, further escalating the conflict in the Arab country.
  The White House earlier accused the Syrian government of using chemical weapons against the militants, an allegation denied by Damascus.
  Obama's policies regarding Syria have been attacked by some American politicians.
  Former Congressman Ron Paul said the Obama administration was ''escalating'' the war in Syria by sending weapons to the militants.
  ''Today we heard from President Obama that the war in Syria will be escalated. He now has agreed to send weaponry in to assist the rebels. It's escalation, that's a proper word, because we've already been involved for quite a few months. We've been supporting the rebels for probably the past two years, supposedly for humanitarian reasons,'' he said in a statement posted on YouTube.
  ''But now there is going to be a much more aggressive approach and we're going to send weapons. There is a few problems with this, first off it's war. Second thing is presidents are not supposed to start war without permission from the people through a congressional declaration of war,'' Paul argued.
  The unrest in Syria erupted over two years ago and many people, including large numbers of Syrian soldiers and security personnel, have been killed in the conflict.
  Damascus says the conflict is being engineered from outside the country, and there are reports that a very large number of the militants fighting in Syria are foreign nationals.
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Angelina Jolie urges U.N. Security Council to act on war zone rape (Reuters video)
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  Wed, 26 Jun 2013 23:00
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Central Bank Beanie Babies
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  Archived Version
  Source: The Daily Bell RSS News Feed
  Wed, 26 Jun 2013 22:59
  How Much Beanie Babies Were Predicted To Be Worth Vs. How Much They're Really Worth ... The 1998 edition of the Scholastic Beanie Baby Handbook listed the original price of Beanie Babies when they were first released, how much they sold for in 1998, and their estimated price in 2008. Beanie Babies were supposed to be a good investment. From page 27 of the book: " Basically, if you can afford to do this, simply putting away five or ten of each and every new Beanie Baby in super mint condition isn't a bad idea." '' BuzzFeed
  Dominant Social Theme: Good Lord. I'm holding. This is just a retrenchment.
  Free-Market Analysis: When the Beanie Baby craze hit, we went out and bought dozens of mint condition Beanie Babies.
  Actually, we didn't.
  Like many, we thought the craze was ludicrous. It was obviously a bubble of sorts and the only thing that was interesting was that it played out on national TV '' certainly in the US.
  At the time, there were bubbles all over the place. In houses, in art, in collectibles, generally, and ... in Beanie Babies. Here's some more information on prices collected from various sources:
  Stripes the Dark Tiger was estimated to be worth $1,000 in 2008. But today you can get it for $9.95.
  Seaweed the Otter was estimated to be worth $60 in 2008. But today you can get it for $2.99.
  Teddy the violet bear was estimated to be between $4,000 and $5,000 depending on which edition you had. And it might not be worth that much, but they can go for as high as $699.
  We have our doubts about this last point. A feedbacker posting below the article points out that she'd recently packed up her aging Beanie Babies in a box and put them outside during a yard sale, hoping to give them away for free. By the end of the sale there had been no takers. Perhaps they weren't "mint"?
  The larger moral of this tale is that fiat money inflates and high-powered money inflates absolutely. Nothing is immune to monopoly money printing and if you look closely at the Beanie Baby price collapse you may notice it mimics many other such collapses involving far more serious narratives.
  In fact, we fail to see the difference between highly paid Wall Street pundits who were predicting higher housing prices at the beginning of 2007 and Beanie Baby mommies that may have been doing the same for their collectibles.
  Both sets of prognosticators had been fooled by the business cycle and the overprinting of paper currency. Such trickery does not discriminate. It is an equal-opportunity con.
  Conclusion: Even an Alan Greenspan Beanie Baby would have lost value by now. Perhaps you couldn't give it away.
Anti-government protests in Bulgaria in 13th day.
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  Source: WT news feed
  Wed, 26 Jun 2013 22:59
  Protests against Bulgarian Prime Minister Plamen Oresharski's government continue in its 13th day in the capital Sofia.
  The protests were organized through social networking sites with the name 'coffee break' in front of the parliament.
  Slogans as 'Resignation', 'Red communist rubbishes' and 'Mafia' were shouted during the protests, with protestors throwing tomatoes and eggs to the main entrance of the parliament.
  Meanwhile, Oresharski placed himself in the parliament with all government members to announce the personnel changes in the parliament and waited, however the 240 chaired parliament could not be opened due to the fewness of parliamentarians. He had offered Daniela Bobeva, one of the directors of Central Bank to be appointed as the Economy Minister and deputy prime minister.
  "Yet, the government is not in an intention to resist," Deputy Prime Minister and Minister of Interior Tsvetlin Yovchev stated in a press release after disentering the parliament.
  One of the symbolic names of democratization process, former ambassador to India and Mongolia Edvin Sugarev announced he has started a hunger strike, saying, "If it's necessary I'll die to cause the government's fall. None of those, who rule, show respect or attention to the protestors."
  The protests are expected to continue until late Wednesday in front of the prime ministry. The protestors want the political system to be reorganized, shouting slogans to the detriment of Bulgarian Socialist Party (BSP), centrist HOH party, ultranationalist Attack Party and centre-right GERB Party.
  AA
Stalled Nabucco Project Close to Official Death
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  Archived Version
  Source: WT news feed
  Wed, 26 Jun 2013 22:58
  Austrian oil and gas company OMV CEO Gerhard Roiss has issued a statement saying that his company views the Nabucco pipeline project as failed, after the Shah Deniz II consortium suggested it intends to ship gas to Europe via another route.
  "The Nabucco project is over for us," stated Roiss at a special press briefing Wednesday soon after news of the Shah Deniz consortium's decision broke out.
  OMV was the leading company managing the Nabucco project, which also includes the Bulgarian Energy Holding, Turkey's BOTAS, Hungarian FGSZ and Romania's Transgaz.
  Roiss's statement comes as a further development strongly suggested that Nabucco will probably never be built.
  Bulgaria was strongly committed to the project, hoping to diversify its natural gas supply, which now comes almost exclusively from Russia, with gas from Azerbaijan.
  The rich Shah Deniz gas field was the main source of supply for the Nabucco project.
  The consortium announced Wednesday that it will chose the projected Trans Adriatic Pipeline (TAP), set to pass through Greece, Albania and Italy, citing higher gas prices in southern Europe.
  Wednesday OMV CEO Roiss questioned whether that was the real reason behind the decision, suggesting that the move might have been politically motivated.
European student group files complaints with the EU against US tech giants over NSA spying
  Link to Article
  Archived Version
  Source: Activist Post
  Wed, 26 Jun 2013 22:58
  Madison RuppertActivist PostA European student group known as Europe-v-Facebook (EVF) has filed formal complaints against major US technology firms for allegedly working with the National Security Agency (NSA) to secretly collect data on Europeans.
  The group specifically named the NSA's PRISM program in their announcement and stated that their complaints are aimed at the European subsidiaries of US Internet giants which worked with the government according to multiple reports.The complaints were filed by EVF in Ireland against Facebook and Apple, in Luxembourg against Skype and Microsoft and in Germany against Yahoo.
  Complaints against Google and YouTube are forthcoming but could not be filed immediately because they do not use European intermediaries. Instead, the group will have to follow a different path since Google has data partners in Belgium, Finland and Ireland.
  Since the subsidiaries are based in the EU, the group maintains that they are subject to EU data privacy laws.
  ''If a European subsidiary sends user data to the American parent company, this is considered an 'export' of personal data,'' the group explained in an announcement. ''Under EU law, an export of data is only allowed if the European subsidiary can ensure an 'adequate level or protection' in the foreign country.''
  The group stated that after the exposure of the PRISM program, it is impossible to trust that the companies maintained an ''adequate level of protection.''''There can in no way be an adequate level of protection if they cooperate with the NSA on the other end of the line,'' Max Schrems, EVF speaker, said in a statement according to CNET.
  ''Right now an export of data to the U.S. must be seen as illegal if the involved companies cannot disprove the reports on the PRISM program,'' Schrems added.
  While some of the major firms involved have confirmed that they received requests for data from the government, they have issued cleverly worded denials about their involvement in the PRISM program.
  The complaints filed by EVF are backed up by the 2006 ''SWIFT'' case in which EU data protection authorities ruled that mass transfer of data to the US breaches EU law.
  The case involved the SWIFT payment processor transferring transaction details to American authorities through a data center in the United States.It was especially important because the finding stated ''that even in the fight against terrorism and crime fundamental rights must remain guaranteed.'' One would hope that this would extend to cover programs like PRISM as well.
  EVF seeks to have data protection authorities in Germany, Ireland and Luxembourg decide if it is legal for European subsidiaries of American companies to ''mass transfer'' personal data to a foreign intelligence agency, namely, the NSA.
  ''We want a clear statement by the authorities if a European company may simply give foreign intelligence agencies access to its customer data,'' the group said.
  They added that if the authorities decide that it is, in fact, legal to do so, a change in law might be required.
  The group also seeks to gain more insight into how the companies handle user data since European procedure forces companies to ''say precisely what they do with the users' data.''
  ''If the companies remain silent and do not submit credible evidence, then they run the risk of not being allowed to transfer data to their US parent companies,'' the group stated. ''This means they would have to rearrange their whole infrastructure. We will of course ask for access to the files. We are already excited to see what companies have to say.''
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CEO targeted in France's Tapie case says Lagarde fully briefed.
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  Archived Version
  Source: WT news feed
  Wed, 26 Jun 2013 22:54
  Tue Jun 25, 2013 9:30am EDT
  * Ex-aide says Lagarde, then finance minister, knew case in detail
  * Lagarde says she always acted in public interest
  * Case revolves around big payout to businessman Tapie
  PARIS, June 25 (Reuters) - France Telecom's CEO said on Tuesday that IMF chief and former French finance minister Christine Lagarde was fully briefed before approving an arbitration process that saw businessman Bernard Tapie awarded a huge payout in 2008.
  Investigators are trying to determine whether Tapie's political connections played a role in the government's decision to resort to arbitration to resolve the dispute. The process led to him receiving the equivalent of 403 million euros ($528 million) in damages and interest.
  France Telecom CEO Stephane Richard, an aide to Lagarde when she was French finance minister, was placed under formal investigation this month over his role in the decision.
  He said in a statement that Lagarde was aware of all the details in the dispute, suggesting she bore more responsibility for determining its outcome than magistrates have attributed to her.
  Lagarde was questioned by magistrates in May but emerged with the status of "supervised witness", which is much less serious than being placed under investigation.
  "Christine Lagarde... was totally up to date on the positions of various government services and fully aware when she gave written instructions to resort to arbitration," Richard said in a statement issued by his lawyer.
  Richard is appealing the decision to place him under investigation, a step meaning that "serious or consistent evidence" point to probable implication in a crime.
  Lagarde's lawyer in France was not immediately available to comment on Richard's remarks.
  The case has now embroiled several members of former President Nicolas Sarkozy's cabinet, damaging his chances of making a political comeback for the 2017 election.
  After lengthy questioning in May, Lagarde said she had always acted in the public interest as finance minister, offering no further details about her actions.
  A legal source close to the case said suspicions over Richard's role would not necessarily influence inquiries targeting Lagarde, suggesting there was little immediate risk of her being called in for more questioning.
  The arbitration was used to resolve a long-running dispute between Tapie and now-defunct bank Credit Lyonnais, which he said defrauded him by purchasing his interest in sports clothing company Adidas in 1993 for the equivalent of 315.5 million euros, only to sell it a year later for 701 million euros.
  Investigators are trying to determine whether the close ties between Tapie and members of Sarkozy's inner circle influenced the government's 2007 decision to turn to a private arbitration tribunal to settle the matter. ($1 = 0.7637 euros) (Reporting by Chine Labbe; Writing by Nick Vinocur; Editing by Mark Trevelyan)
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Afghan opium production levels top world
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  Source: WT news feed
  Wed, 26 Jun 2013 22:53
  VIENNA, June 26 (UPI) -- More than 70 percent of the world's illicit production of opium last year came from cultivators in Afghanistan, the U.N. Office on Drugs and Crime said.
  "Afghanistan's large-scale drugs economy is another source, driver and symptom of instability," U.N. special envoy to Afghanistan Jan Kubis said in a statement Wednesday. "This illicit production and trade simultaneously funds insurgent activity and if not curtailed, threatens to undermine Afghanistan's institutions, security and economic self-sufficiency."
  UNODC said 74 percent of the world's illicit opium production came from Afghanistan, making it the world leader for 2012.
  Nearly 1 million Afghans are affected in some way by drug use. The UNODC's 2013 World Drug Report said more than 700,000 Afghans have no access to drug treatment, suggesting opium production has more than just an impact on national security.
  The report said plant disease in Afghanistan hurt opium production last year. Globally, the amount of land used for opium poppy cultivation increased, though yields in 2012 were 40 percent less than the peak year of 2007.
Veterans Today >> Obama's Climate Initiative: the New Obamacare
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  Wed, 26 Jun 2013 22:53
  Who Does He Think He's Fooling?By Dr Stuart Jeanne Bramhall
  As with his sweeping health care legislation, the President's long awaited climate initiative has winners and losers. With Obamacare, the big winners were the insurance/finance sector and the drug companies '' the losers are doctors, nurses, hospitals and average Americans left reeling under skyrocketing insurance premiums.
  From the President's June 25 climate change speech, it appears that once again insurance companies (struggling with major losses from catastrophic weather events) are big winners. So are the oil and gas industry, thanks to the big boost he gave the fracking industry and his duplicity around the controversial Keystone XL Pipeline. The losers under Obama's new climate initiative are Big Coal, United Mine Workers (that will teach them for not endorsing Obama in 2012), children who develop cancer and other health problems because they live or attend school near fracking wells, and future generations who suffer the ravages of catastrophic climate events because Obama's extremely timid initiative falls far short of achieving the emissions reductions that are required.
  For the most part the executive order Obama proposes (see details below) fully empowers the EPA to implement existing legislation already enacted by Congress (under The Clean Air Act) to regulate carbon and other emissions. In other words, he will cease to obstruct the EPA as he did during his first term. The Obama administration is already bound by a 2007 Supreme Court decision that the EPA must regulate carbon dioxide (CO2) under the Clean Air Act. In compliance with the ruling, in 2009 the EPA issued an ''Endangerment Finding'' that CO2 is a threat to public health '' and drafted rules to regulate CO2 from new power plants in March 2012. According toThink Progress, the already-delayed rules have been delayed since then. In fact bitter battles over emissions limits on coal-fired plants and the Keystone pipeline were the main reason behind EPA chief Lisa Jackson's resignation. in December 2012.
  Opposition from the Right and the Left
  As with Obamacare, both the right and left have big problems with the President's climate initiative. Republicans fear it will expand Big Government and harm the economy. Anti-fracking and anti-Keystone activists are even more vocal in their criticism. Anti-fracking activists are mainly concerned because of growing evidence that fracking poses serious hazards to human health. Many have already taken to calling Obama the Fracking President, owing to the ALEC*/Exxon legislation he signed recently. Under the new law drilling companies aren't required to disclose the hazardous fracking chemicals they use until after they close the well. Also of increasing concern are recent studies (National Academy of Science and NBC) showing that natural gas is leaking into drinking water near fracking sites: Even more alarming are studies (CDC and Texas) documenting cancer clusters adjacent to fracking sites. No one is surprised, of course, that federal, state and local regulators are being ''bullied'' into approving fracking as ''safe'' when there is virtually no reliable research substantiating this claim.
  Anti-Keystone activists are unhappy about Obama's refusal to veto outright the Keystone XL Pipeline. Instead he dances around, stating he will only approve it providing it doesn't increase carbon emissions. After yesterdays speech, Forbes Magazine was quite definite it would be approved. The State Department (which is responsible for the environmental review) has already issued their finding that the pipeline itself won't increase carbon emissions because Canadians producers would just find some other war to get tar sands oil to the Gulf Coast refineries (owned by the Koch brothers, by the way). Sounds like gang logic to me. We may as well beat up that old lady before someone else steals her money.
  Due to the immense amount of fossil fuel energy required to extract oil from tar sands, the oil transported through the Keystone pipeline will produce carbon emissions equivalent to 51 coal powered plants. On June 20, 145 of Obama's 2012 campaign staffers called on him, reminding him they worked ''day-in and day-out'' to reelect someone who was serious about tacking climate change.
  Too Little Too Late '' What Obama's Climate Initiative Could Do But Doesn't
  Other climate activists are disappointed that Obama's climate initiative reduces emissions far too slowly to avert catastrophic climate change. Think Progress lists a number of additional actions he could take by executive action as Congress has already authorized them under existing legislation:
  1. Regulate Coal Exports
  The Army Corps of Engineers already has the authority to review the climate impacts of coal imports and has been requested to do so by officials and environmental organizations in the Pacific Northwest '' where planned export terminals will export coal to be burned in Asia. Obama's executive order should direct them to exercise this authority but it won't.
  2. Include carbon pollution costs in National Environmental Policy Act (NEPA) environmental impact statements.
  All new projects undertaken by federal agencies must include NEPA analyses. Yet the Obama administration has yet to include the cost of carbon pollution in NEPA assessments.
  3. Leverage federal purchasing power to support innovation and entrepreneurship in clean energy technologies.
  Executive Order 13514 which Obama signed in 2009 established a 5 percent renewable energy goal for federal agencies. If Obama were really serious about reducing carbon emissions, he could instruct all federal agencies to meet this goal by 2014. Then he could raise the goal to 10 percent in 2017 and 15 percent in 2017. This would ensure a strong market for renewable energy across the country.
  *ALEC is an organization of businesses, legislators and foundations that enables corporations themselves to write the regulatory legislation Congress and state legislatures will use to regulate them.
  ***
  SYNOPSIS OF OBAMA'S CLIMATE CHANGE INITIATIVE
  THE DOMESTIC FRONT
  The EPA is directed to finalize carbon limits rules for new power plants by September 20, 2013.The EPA is directed to draft carbon limits for existing power plants by June 2014, to be finalized one year later.The Department of the Interior is tasked with permitting enough renewable energy projects '' wind and solar, for example '' on public lands by 2020 to power more than 6 million homes. The Department is also directed with installing 100 megawatts of renewables on federally assisted housing by 2020.The EPA will develop new fuel economy standards for heavy vehicles and trucks in model year 2018 and beyond.The EPA will also ''leverage'' new opportunities to reduce pollution from hydrofluorocarbons, highly potent greenhouse gases used in air conditioning and refrigerators.INTERNATIONAL MEASURES:
  A commitment to expanding major new and existing international initiatives, including bilateral agreements with China, India, and other major emitting countries. An end to U.S. government support for public financing of new coal-fired powers plants overseas, except for the world's poorest countries or facilities deploying carbon capture and sequestration technologies (exactly why are we subsidizing any overseas coal-fired plants? This so-called carbon sequestration technology doesn't even exist yet.) A commitment to working with trading partners to launch negotiations at the World Trade Organization for a global free trade in environmental goods, which include clean energy technologies like solar panels and wind turbines.CLIMATE RESILIENCE (addressing current extreme weather patterns)
  A direction to federal agencies to support local climate-resilience investment by removing barriers or counterproductive policies.The establishment of a short-term task force of state, local, and tribal officials to advise on actions the federal government can take to help strengthen communities on the ground.The establishment of pilot strategies for areas affected by 2012'²s Hurricane Sandy to strengthen communities against future extreme weather and other climate impacts. The establishment of a National Drought Resilience Partnership and expands restoration efforts for forest and rangeland to make areas less vulnerable to catastrophic fire.photo credit: Duke Energy via photopincc
  Related Posts:Short URL: http://www.veteranstoday.com/?p=257626
  The views expressed herein are the views of the author exclusively and not necessarily the views of VT or any other VT authors, affiliates, advertisers, sponsors or partners. Legal NoticePosted by Dr Stuart Jeanne Bramhall on Jun 26 2013, With 0 Reads, Filed under Government, Politics. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.
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Morsi geeft fouten toe, maar wijst beschuldigend naar 'vijanden van Egypte'
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  Source: VK: Home
  Wed, 26 Jun 2013 22:49
  26/06/13, 23:42 '' bron: ANP
  (C) ANP. De Egyptische president Mohammed Morsi.
  De Egyptische president Mohamed Morsi heeft woensdag in een toespraak gezegd dat hij in zijn eerste jaar als president fouten heeft gemaakt. Van opstappen of nieuwe verkiezingen, zoals tegenstanders eisen, wil hij echter niet weten.
  Morsi gaf weliswaar wat toe, maar gaf 'vijanden van Egypte' de schuld van het verlammen van de nog jonge democratie in Egypte. De president noemde daarbij enkele van zijn tegenstanders bij naam.
  'Politieke polarisatie en conflicten hebben een niveau bereikt dat onze ontluikende democratie bedreigt en onze hele natie in een staat van verlamming en chaos kan brengen', aldus Morsi. 'De vijanden van Egypte hebben niets nagelaten om te proberen de democartische ervaring te saboteren'.
  Morsi liet wel weten hervormingen te willen. Zo moet er een comit(C) komen van alle partijen dat voorstellen moet doen voor veranderingen aan de controversile grondwet.
  De spanningen in Egypte zijn de laatste dagen weer opgelopen. Woensdag vielen bij rellen in de stad Mansoura twee doden en raakten tweehonderd mensen gewond.
  Voor zondag zijn massale betogingen aangekondigd tegen het in de ogen van zijn tegenstanders falende beleid van Morsi. Het is dan een jaar geleden dat de islamist Morsi president van Egypte werd.
Council for Secular Humanism
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  Wed, 26 Jun 2013 22:36
  Op-EdWendy KaminerOpponents of gay rights often warn that legalizing same-sex marriage would inexorably lead to legalizing polygamy. Maybe it would, and maybe it should. Denying gay couples the right to marry violates state constitutional guarantees of equality, as the California and Massachusetts high courts have rightly ruled. (The Supreme Court of California also held that the right to marry is fundamental.) Surely Mormons have the same rights to equal treatment under law'--and of course, they have a substantial First Amendment claim to engage in multiple marriages according to the dictates of their faith.
  So why is polygamy illegal? Why don't Mormons have the right to enter into multiple marriages sanctified by their church, if not the state? There's a short answer to this question but not a very good one: polygamy is illegal and unprotected by the Constitution because the Supreme Court doesn't like it. Over one hundred years ago, the Court held in Reynolds v. U.S. that polygamy was ''an offence against society.'' The Reynolds decision upheld the criminal conviction of a man accused of taking a second wife in the belief that he had a religious duty to practice polygamy, a duty he would violate at risk of damnation. The Court compared polygamy to murders sanctified by religious belief, such as human sacrifice or the burning of women on their husbands' funeral pyres.
  Even in Victorian America, this comparison made little sense. (Most Victorian women, I suspect, would have chosen polygamous marriages over death by burning.) Today the Court's analogy is as anachronistic as a ban on adultery. After all, what's the difference between an adulterer and a polygamist? And if it's not illegal for a married man to support a girlfriend or two and father children out of wedlock with them, how can it be illegal for him to bind himself to them according to the laws of his church? Why is a practicing Mormon with two wives a criminal while Staten Island Congressman Vito Fosella, recently embarrassed by the discovery of his second family, is simply a punchline? What's the moral and practical difference between a man who maintains multiple families without the approval of any church and a man who maintains multiple families with his church's approval?
  Nontheists who favor civil unions for everyone'--taking the state out of the business of approving or disapproving religious matrimonial rites'--should be especially supportive of the First Amendment right to engage in polygamous marriages sanctified by any faith. Whether or not polygamy should be legalized so that people in polygamous marriages enjoy equal rights and entitlements (like Social Security benefits), it should at least be decriminalized. Why should we care about other people's private religious ceremonies? How dare we criminalize them?
  ''Polygamy encourages child abuse,'' people say, citing instances involving the marriage of older men to underage girls. Assuming for the sake of argument that this is true, it still doesn't justify categorical prohibitions on polygamy. Alcohol consumption may encourage sexual violence; it's often blamed for date rape. Should we prohibit its use, as members of the Women's Christian Temperance Union demanded over one hundred years ago? Or should we prosecute alcohol-fueled violence whenever we find it?
  We rightly prohibit violence, not drunkenness, even though some drunks are violent; we should prohibit child abuse, not polygamy, even though some polygamists are abusers. To do otherwise is to court worse abuses than we seek to prevent, as the raid on the Search for Zion compound in Texas this past April demonstrated. On the basis of one anonymous phone call (that later appeared to be a hoax), Texas authorities forcibly removed more than 460 children from their parents without evidence of actual abuse in each case. Parents and children were ordered to undergo DNA testing (Who knows how long the state will maintain the DNA database, or to what uses it will be put?), and the children were summarily consigned to the notorious Texas foster-care system. They were subsequently reunited with their parents on order of Texas courts, which rightly held that the state had acted unlawfully, but who knows how much damage was done?
  It's hard to explain the relative complacency or cautiousness that initially greeted this extraordinary abuse of power, except with reference to religious bigotry or squeamishness about polygamy. Members of the Search for Zion sect tried taking their case to the public'--some attorneys defended their rights, and the American Civil Liberties Union eventually expressed more than cautious concern for them'--but predictably, the national conversation generally reflected little sympathy for the civil liberties of people involved in a religious group far outside the mainstream. Imagine the reaction had the state instead invaded a community of Christian Scientists and removed all their children after receiving an anonymous tip that one child had been harmed by the refusal of his or her parents to provide medical care.
  The Search for Zion case is different, some reply, because polygamy is illegal. Exactly. Polygamy's illegality doesn't make the state's actions less abusive'--imagine the reaction if the state summarily removed all the children from a commune in which parents were suspected of smoking dope'--but it does provide authorities with an argument, however flawed.
  Of course, I'm not suggesting that any parent have a religious right to harm their children by denying them medical care, subjecting them to sexual molestation, or otherwise abusing them. I'm simply pointing out that the state should not abuse the power to prosecute people or forcibly remove their children because authorities don't approve of their ''lifestyle.'' Gay men were once routinely suspected of being pedophiles, a suspicion that persists today but with considerably less prevalence and respectability. Indeed, opposition to gay marriage still relies on specious arguments about the harm it poses to children. Some fools still compare homosexuality to bestiality, just as the Supreme Court once compared polygamy to human sacrifice. We progress when we base the extension of rights on reason, not bias or judicial hyperbole.
  Wendy Kaminer is a lawyer and social critic. She blogs on civil liberties at thefreeforall.net.
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The Government and Marriage - Should the Government Legislate Relationships
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  Wed, 26 Jun 2013 22:33
  Earlier this year, I sat on a gay rights panel at Mississippi College. MC, the oldest college in Mississippi, is a Southern Baptist institution with a campus policy against homosexuality. The college had been visited by the SoulForce Freedom Ride, and the student Democratic club had a really good question: Is it time for the college's policy on homosexuality to be changed?The freewheeling discussion covered a variety of topics related to same-sex relationships, ranging from demographic effects to biblical prohibitions and everything in between. The argument that I found most effective with this Baptist audience, as one of the two unambiguously pro-gay rights panelists, hinged on the sacramental role of government. Namely: What business does the government have mandating sanctity? If the government can make marriage sacred, then can it give us all a place in the world to come, too? And if there is a legal "sanctity of marriage" that the government would be interfering with by allowing marriage rights for same-sex couples, then doesn't that imply government support for some pretty controversial heterosexual marriages?
  That's the only argument I had, in the entire panel, that I think stuck with my audience. Baptists have a strong history of respecting church-state separation--were it not for the Baptists in Rhode Island, we would probably have no establishment clause--and while the Southern Baptist Convention supports socially conservative policy, the anti-theocracy vibe still lives on within it. Any person of faith who believes that the government has legitimate authority over sacraments either has a very high opinion of the government or a very low opinion of sacraments.
  On top of the sacramental question, though, there's another reason why the government should perhaps get out of the marriage business. Longtime reader Guy Ricklin asks a really, really good question:
  Has ANYBODY addressed the idea that the government should not legislate relationships between ANYBODY..?? Contracts, yes- relationships, no.
  Guy's question, while it has broad implications, is particularly relevant to the same-sex marriage debate. To answer it, let's brainstorm for a moment on what the government's "compelling interest" in marriage is, and what it isn't.First, if we accept the argument given at the top of this post, it isn't sacramental. In Jesus' time, one got married without the aid of the government. During the antebellum era, our government did not acknowledge marriages between slaves. Unless one is a government-worshipper, there is no conceivable sacramental role for the government with respect to marriage because the government is not, and could not function effectively as, a sacramental institution.
  Likewise, the government has no direct, legitimate interest in the propagation of children. This is not China; in the United States, couples may freely decide whether they have children and, if so, how many. Whether you want no children, two children, or twelve children, the U.S. government has no say in the matter--assuming the children are not themselves in danger, of course.
  And even if we assume for the sake of argument that the government does have a legitimate interest in promoting parenting, there is a flooded foster care system full of kids who need parents and don't have them. The government should be doing more to encourage adoption--which would also reduce the number of abortions, but that's a whole other can of worms.
  So we've addressed two phony reasons for the government to get involved in marriage: Sanctity and biological reproduction. Are there any good reasons for the government to create a legislative category for relationships?
  Well, it does reduce paperwork--and given how common marriage is, that's a worthwhile consideration. Imagine the attorneys' fees one would have to pay in order to secure basic marriage benefits independent of legal marriage. It would be a nightmare. And even with the assistance of attorneys, couples opting for a purely contract-based route would not be eligible for the social security and tax benefits that go along with marriage under the current system.
  There's also the matter of divorce. Divorce law is tricky, especially with respect to child custody, but it would be even trickier if the government did not universally recognize common grounds for divorce, such as adultery and cruelty.
  Are there ways to streamline the relationship contract process and divorce disputes without an institution of marriage? Yes, but the question then becomes how much like marriage we want the new system to be.
  If we were to keep marriage but call it something else, such as, say, civil unions, then the government's pretense to a sacramental role would be gone but it would still be in the business of legislating relationships.
  But the further we move away from that standard, the more complicated things become. Let's say that the government permitted domestic partnerships, with no relationship of any kind implied. Single friends and family members would routinely register for domestic partnerships with each other, reaping all of the financial and legal benefits of marriage. Until one of the parties was ready to get married, that is, at which point s/he would face a dilemma: Give up the old non-romantic domestic partnership and all of its benefits, for both parties, or give up the option of a domestic partnership with the person they've fallen in love with.
  The government could resolve that dilemma by allowing individuals to have domestic partnerships with multiple people simultaneously--which would also accommodate polygamous households--but the government would have to completely eliminate marriage-based social security and tax benefits in order for that to happen. Whether this is a good idea or not, it's unlikely that it would receive much support in a country where 57% of adults receive those benefits and have grown accustomed to them. The government shouldn't legislate relationships between consenting adults--but because it does, it will probably continue to do so.
Why Is Government Involved with Marriage Anyway? | National Review Online
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  Wed, 26 Jun 2013 22:29
  The question has been raised lately. In a paper for Heritage, Ryan Anderson addressed this fundamental question:
  While respecting everyone's liberty, government rightly recognizes, protects, and promotes marriage as the ideal institution for childbearing and childrearing. Adults are free to make choices about their relationships without redefining marriage and do not need government sanction or license to do so.
  Government is not in the business of affirming our love. Rather, it leaves consenting adults free to live and love as they choose. Contrary to what some say, there is no ban on same-sex marriage. Nothing about it is illegal. In all 50 states, two people of the same sex may choose to live together, choose to join a religious community that blesses their relationship, and choose a workplace offering joint benefits. There is nothing illegal about this.
  What is at issue is whether the government will recognize such relationships as marriages'--and then force every citizen, house of worship, and business to do so as well. At issue is whether policy will coerce and compel others to recognize and affirm same-sex relationships as marriages. All Americans have the freedom to live as they choose, but they do not have the right to redefine marriage for everyone else.
  Appeals to ''marriage equality'' are good sloganeering, but they exhibit sloppy reasoning. Every law makes distinctions. Equality before the law protects citizens from arbitrary distinctions, from laws that treat them differently for no good reason. To know whether a law makes the right distinctions'--whether the lines it draws are justified'--one has to know the public purpose of the law and the nature of the good being advanced or protected.
  If the law recognized same-sex couples as spouses, would some argue that it fails to respect the equality of citizens in multiple-partner relationships? Are those inclined to such relationships being treated unjustly when their consensual romantic bonds go unrecognized, their children thereby ''stigmatized'' and their tax filings unprivileged?
  This is not hypothetical. In 2009, Newsweek reported that there were over 500,000 polyamorous households in America.[25] Prominent scholars and LGBT (lesbian, gay, bisexual, and transgender) activists have called for ''marriage equality'' for multipartner relationships since at least 2006.[26]
  If sexual complementarity is eliminated as an essential characteristic of marriage, then no principle limits civil marriage to monogamous couples.
  Supporters of redefinition use the following analogy: Laws defining marriage as a union of a man and a woman are unjust'--fail to treat people equally'--exactly like laws that prevented interracial marriage. Yet such appeals beg the question of what is essential to marriage. They assume exactly what is in dispute: that gender is as irrelevant as race in state recognition of marriage. However, race has nothing to with marriage, and racist laws kept the races apart. Marriage has everything to do with men and women, husbands and wives, mothers and fathers and children, and that is why principle-based policy has defined marriage as the union of one man and one woman.
  Marriage must be color-blind, but it cannot be gender-blind. The color of two people's skin has nothing to do with what kind of marital bond they have. However, the sexual difference between a man and a woman is central to what marriage is. Men and women regardless of their race can unite in marriage, and children regardless of their race need moms and dads. To acknowledge such facts requires an understanding of what, at an essential level, makes a marriage.
  We reap the civil society benefits of marriage only if policy gets marriage right.
  The state has an interest in marriage and marital norms because they serve the public good by protecting child well-being, civil society, and limited government. Marriage laws work by embodying and promoting a true vision of marriage, which makes sense of those norms as a coherent whole. There is nothing magical about the word ''marriage.'' It is not just the legal title of marriage that encourages adherence to marital norms.
  #more#
  What does the work are the social reality of marriage and the intelligibility of its norms. These help to channel behavior. Law affects culture. Culture affects beliefs. Beliefs affect actions. The law teaches, and it will shape not just a handful of marriages, but the public understanding of what marriage is.
  Government promotes marriage to make men and women responsible to each other and to any children they might have. Promoting marital norms serves these same ends. The norms of monogamy and sexual exclusivity encourage childbearing within a context that makes it most likely that children will be raised by their mother and father. These norms also help to ensure shared responsibility and commitment between spouses, provide sufficient attention from both a mother and a father to their children, and avoid the sexual and kinship jealousy that might otherwise be present.
  The norm of permanency ensures that children will at least be cared for by their mother and father until they reach maturity. It also provides kinship structure for interaction across generations as elderly parents are cared for by their adult children and as grandparents help to care for their grandchildren without the complications of fragmented stepfamilies.
  If the law taught a falsehood about marriage, it would make it harder for people to live out the norms of marriage because marital norms make no sense, as matters of principle, if marriage is just intense emotional feeling. No reason of principle requires an emotional union to be permanent or limited to two persons, much less sexually exclusive. Nor should it be inherently oriented to family life and shaped by its demands. This does not mean that a couple could not decide to live out these norms where temperament or taste so motivated them, just that there is no reason of principle to demand that they do so. Legally enshrining this alternate view of marriage would undermine the norms whose link to the common good is the basis for state recognition of marriage in the first place.
  Insofar as society weakens the rational foundation for marriage norms, fewer people would live them out, and fewer people would reap the benefits of the marriage institution. This would affect not only spouses, but also the well-being of their children. The concern is not so much that a handful of gay or lesbian couples would be raising children, but that it would be very difficult for the law to send a message that fathers matter when it has redefined marriage to make fathers optional.
  This highlights the link between the central questions in this debate: What is marriage, and why does the state promote it? It is not that the state should not achieve its basic purpose while obscuring what marriage is. Rather, it cannot. Only when policy gets the nature of marriage right can a political community reap the civil society benefits of recognizing it.
  My latest syndicated column seeks to encourage those trying to have a more civil, constructive conversation about marriage policy and building a culture of marriage. Ryan is among them, as well as William May from Catholics for the Common Good.
Legal Definitions of Marriage in the United States | CLGS
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  Archived Version
  Wed, 26 Jun 2013 22:26
  How is marriage defined in the United States? Currently 37 states have passed laws which define marriage as limited to a union between one man and one woman: 33 state legislatures have passed statutes to that effect, and 4 states (Alaska, Hawaii, Nebraska and Nevada) have, by popular vote, passed Defense of Marriage Acts (DOMAs) as constitutional amendments; the Ohio state legislature is currently debating a Defense of Marriage Act. Thirteen states, therefore, do not currently have laws on their books which limit marriage to a union between one man and one woman.
  StateStatute, Amendment, Court RulingStatus of Marriage Equality and Relevant Statute/Ammendment TextsAlabamaStatute"(d) No marriage license shall be issued in the State of Alabama to parties of the same sex"
  AND
  "(e) The state of Alabama shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued"; Alabama Stat. Sec. 30-1-19
  AlaskaStatute and AmendmentStatute:
  "A same-sex relationship may not be recognized by the state as being entitled to the benefits of marriage."; Alaska Stat. 25.05.013 (b)
  Amendment:
  "To be valid or recognized in this state, a marriage may exist only between one man and one woman"; Alaska Constitution, Article 1, Sec. 25
  Arizona
  Statute
  "Marriage between persons of the same sex is void and prohibited"; Ariz.Rev. Stat. Ann. ' 25 101
  Arkansas
  Statute
  Marriage shall be only between a man and a woman. A marriage between persons of the same sex is void"; Ark. Stat. ' 9 11 109
  CaliforniaStatute
  "Only marriage between a man and a woman is valid or recognized in California"; Ca. Fam. Sec. 308.5; State Constitution similarly revised in 2008.
  Colorado
  Statute
  "(1) ...a marriage is valid in this state if: ...(b) it is only between one man and one woman"; Co. Stat. Sec. 14 2 104
  Connecticut
  Court Ruling
  The state's supreme court ruled in October 2008 in favor of a constitutional right to marriage for gay and lesbian couples; the state started issues marriage licenses to same-sex couples in November 2008.
  DelawareStatute
  "A marriage is prohibited and void between a person and his or her ancestor, descendant, brother, sister, uncle, aunt, niece, nephew, first cousin or between persons of the same gender";Del. Stat. Title 13 ' 101
  District of Columbia
  City Council Legislation
  In May 2009 the Council recognized marriages of same-sex couples entered into in other jurisdictions as valid in the District.
  FloridaStatute
  "(1) Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, or relationships between persons of the same sex which are treated as marriages in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, are not recognized for any purpose in this state."
  AND
  "(3) For purposes of interpreting any state statute or rule, the term 'marriage' means only a legal union between one man and one woman as husband and wife, and the term 'spouse' applies only to a member of such a union"; Florida Stat. Ann. ' 741.212
  GeorgiaStatute
  "It is declared to be the public policy of this state to recognize the union only of man and woman. Marriages between persons of the same sex are prohibited in this state"; Georgia Code ' 19 3 3.1
  HawaiiStatute and Amendment
  Statute:
  "Marriages between a man and a woman legal in the country where contracted shall be held legal in the courts of this State"; Haw. Rev Stat. ' 572 3
  Amendment:
  "The legislature shall have the power to reserve marriage to opposite sex couples"; Hi. Const. Art 1, ' 23
  IdahoStatute
  "All marriages contracted without this state, which would be valid by the laws of the state or country in which the same were contracted, are valid in this state, unless they violate the public policy of this state. Marriages that violate the public policy of this state include, but are not limited to, same sex marriages, and marriages entered into under the laws of another state or country with the intent to evade the prohibitions of the marriage laws of this state"; Idaho Stat. ' 32 209
  Illinois
  Statute
  "(a) The following marriages are prohibited: ...(5) a marriage between 2 individuals of the same sex"; IL. Stat. Ch. 750 ' 5/212
  Indiana
  Statute
  "Sec. 1. (a) Only a female may marry a male. Only a male may marry a female. (b) A marriage between persons of the same gender is void in Indiana even if the marriage is lawful in the place where it is solemnized"; Ind. Code ' 31 11 1 1
  Iowa
  Court Ruling
  In April 2009, the State Supreme Court ruled that the state constitution guarntees the right of same-sex couples to marry; the state began issuing marriage licenses to same-sex couples that same month.
  Kansas
  Statute
  "The marriage contract is to be considered in law as a civil contract between two parties who are of opposite sex. All other marriages are declared to be contrary to the public policy of this state and are void"; Kansas Stat. Ann. ' 23 101
  Kentucky
  Statute
  "(1) Marriage is prohibited and void: ...(d) Between members of the same sex"; Ky. Stat. ' 402.020
  LouisianaStatute
  "Persons of the same sex may not contract marriage with each other"; La. C.C. Art. 89.
  "A purported marriage between persons of the same sex violates a strong public policy of the state of Louisiana and such a marriage contracted in another state shall not be recognized in this state for any purpose, including the assertion of any right or claim as a result of the purported marriage"; La. C.C. Art. 3520
  MaineStatute
  By state law, marriage licences should be issued to same-sex couples starting in September 2009.
  Maryland
  Statute
  Both state law and the state's constitution appear to ban the recognition of same-sex marriages.
  Massachusetts
  Court Ruling
  In Mary 2004, the Supreme Judicial Court ruled that the state's constitution guarantees the right to marry for same-sex couples; the state began issuing marriage licences to those couples that month.
  Michigan
  Statute
  "Sec. 1. Marriage is inherently a unique relationship between a man and a woman. As a matter of public policy, this state has a special interest in encouraging, supporting, and protecting that unique relationship in order to promote, among other goals, the stability and welfare of society and its children. A marriage contracted between individuals of the same sex is invalid in this state"; Mich. St. ' 551.1
  Minnesota
  Statute
  "Marriage, so far as its validity in law is concerned, is a civil contract between a man and a woman, to which the consent of the parties, capable in law of contracting, is essential. Lawful marriage may be contracted only between persons of the opposite sex and only when a license has been obtained as provided by law and when the marriage is contracted in the presence of two witnesses and solemnized by one authorized, or whom one or both of the parties in good faith believe to be authorized, so to do. Marriages subsequent to April 26, 1941, not so contracted shall be null and void"; Minn. Stat. Ann. ' 517.01
  Mississippi
  Statute
  "(2) Any marriage between persons of the same gender is prohibited and null and void from the beginning. Any marriage between persons of the same gender that is valid in another jurisdiction does not constitute a legal or valid marriage in Mississippi"; Mississippi Code Ann. ' 93 1 1
  Missouri
  Statute
  "1. It is the public policy of this state to recognize marriage only between a man and a woman"; Mo. Stat. 451.022
  Montana
  Statute
  "(1) The following marriages are prohibited: ...(d) a marriage between persons of the same sex. (4) A contractual relationship entered into for the purpose of achieving a civil relationship that is prohibited under subsection (1) is void as against public policy."; Mont. Code Ann. ' 40 1 401
  NebraskaStatute
  "Only marriage between a man and a woman shall be valid or recognized in Nebraska. The uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same sex relationship shall not be valid or recognized in Nebraska"; Neb. Const. Art 1, ' 29
  Nevada
  Statute
  "Only a marriage between a male and a female person shall be recognized and given effect in this state"; Nevada, Question No. 2
  New Hampshire
  Statute
  The state legislature passed a law in 2007 which will enable the state to begin issuing marriage licenses to same-sex couples in January 2010.
  New Jersey
  None
  No explicit provision in state law that would prohibit the recognition of same-sex marriages in other jurisdictions. Domestic partner legislation became effective in 2007.
  New Mexico
  None
  No explicit provision in state law that would prohibit the recognition of same-sex marriages in other jurisdictions; state employees may enter into domestic partnerships.
  New York
  Court Ruling
  New York's Court of Appeals ruled in February 2008 that same-sex couples legally married in other jurisdictions are entitled to recognition of their marriages in New York.
  North Carolina
  Statute
  "Marriages, whether created by common law, contracted, or performed outside of North Carolina, between individuals of the same gender are not valid in North Carolina"; N.C. Gen. Stat. ' 51 1.2
  North Dakota
  Statute
  "Marriage is a personal relation arising out of a civil contract between one man and one woman to which the consent of the parties is essential. The marriage relation may be entered into, maintained, annulled, or dissolved only as provided by law. A spouse refers only to a person of the opposite sex who is a husband or a wife"; N.D. Stat. ' 14 03 01
  OhioStatute
  Both state law and the state's constitution appear to ban the recognition of same-sex marriages.
  Oklahoma
  Statute
  "A marriage between persons of the same gender performed in another state shall not be recognized as valid and binding in this state as of the date of the marriage"; 43 Okl.St.Ann. ' 3.1
  Oregon
  Statute
  Both state law and the state's constitution appear to ban the recognition of same-sex marriages.
  PennsylvaniaStatute
  "It is hereby declared to be the strong and longstanding public policy of this Commonwealth that marriage shall be between one man and one woman. A marriage between persons of the same sex which was entered into in another state or foreign jurisdiction, even if valid where entered into, shall be void in this Commonwealth"; Pa. Stat. 23 Pa. C.S.A. ' 1704
  Rhode Island
  None
  No explicit provision in state law that would prohibit the recognition of same-sex marriages in other jurisdictions.
  South CarolinaStatute
  "A marriage between persons of the same sex is void ab initio and against the public policy of this State"; S.C. Stat. ' 20 1 15
  South Dakota
  Statute
  "Marriage is a personal relation, between a man and a woman, arising out of a civil contract to which the consent of parties capable of making it is necessary"; S.D. Stat. ' 25 1 1
  TennesseeStatute
  "(b) The legal union in matrimony of only one (1) man and one (1) woman shall be the only recognized marriage in this state. (c) Any policy, law or judicial interpretation that purports to define marriage as anything other than the historical institution and legal contract between one (1) man and one (1) woman is contrary to the public policy of Tennessee"; Tenn. Code Ann. ' 36 3 113
  Texas
  Statute
  "(b) A marriage between persons of the same sex or a civil union is contrary to the public policy of this state and is void in this state.
  (c) The state or an agency or political subdivision of the state may not give effect to a:
  (1) public act, record, or judicial proceeding that creates, recognizes, or validates a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction; or
  (2) right or claim to any legal protection, benefit, or responsibility asserted as a result of a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction." TX Family ' 6.204
  UtahStatute
  "The following marriages are prohibited and declared void: (5) between persons of the same sex"; Ut. Stat. ' 30 1 2
  VirginiaStatute
  "A marriage between persons of the same sex is prohibited. Any marriage entered into by persons of the same sex in another state or jurisdiction shall be void in all respects in Virginia and any contractual rights created by such marriage shall be void and unenforceable"; Va. Code ' 20 45.2
  Vermont
  Statute
  In April 2009 the state legislature enacted, over the Governor's veto, marriage equality legislation; the state began issuing marriage licenses to same-sex couples in September 2009.
  WashingtonStatute
  "Marriage is a civil contract between a male and a female... A; Wa. Stat. 26.04.010 A(1) Marriages in the following cases are prohibited: (c) When the parties are persons other than a male and a female"; Wa. Stat. 26.04.020
  West Virginia
  Statute
  "A public act, record or judicial proceeding of any other state, territory, possession or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of any other state, territory, possession or tribe or a right or claim arising from the relationship shall not be given effect by this state"; Wv. Stat. 48 1 18a
  Wisconsin
  Statute
  Both state law and the state's constitution appear to ban the recognition of same-sex marriages.
  Wyoming
  Statute
  Both state law and the state's constitution appear to ban the recognition of same-sex marriages.
The Web of Language
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  Wed, 26 Jun 2013 22:19
  Perhaps the highest-profile cases to be decided by the U.S. Supreme Court this term are the two involving the definition of marriage. U.S. v. Windsor challenges the federal definition of marriage as ''a legal union between one man and one woman'' (Defense of Marriage Act [DOMA], 1 USC § 7), and Hollingsworth v. Perry seeks a ruling on the constitutionality of California's Proposition 8, a ban on same-sex marriage which reads, ''Only marriage between a man and a woman is valid or recognized in California.'' Both cases concern who gets to write the definition of marriage, and what that definition says. The high court may check dictionary definitions in deciding these cases. It could defer to state laws defining marriage. Or it could simply write its own definition of marriage, because courts, like dictionaries, are in the business of telling us what words mean. In deciding these two marriage-equality cases, the highest court in the land is poised to become the highest dictionary in the land.
  Judges, like the rest of us, turn to dictionaries when they're not sure about the meaning of a word. Or they turn to dictionaries when they're sure about a word's meaning, but they need some confirmation. Or they turn to a dictionary that defines a word the way they want it defined, rejecting as irrelevant, inadmissible, and immaterial any definitions they don't like.
  The Supreme Court has referred to dictionaries in its opinions over 664 times. In recent years, almost every major case and many minor ones find the justices, or their clerks, thumbing through Webster's Third or the Oxford English Dictionary. And it's not just high-profile cases like District of Columbia v. Heller, the one about the Second Amendment, where definitions of words like bear arms came into play. While he was writing an opinion in a patent case, Chief Justice John Roberts looked up words in five different dictionaries. When was the last time you looked up a word in more than one dictionary?
  Sometimes even five dictionaries aren't enough. In Taniguchi v. Kan Pacific Saipan (2012), Justice Samuel Alito checked ten dictionaries to prove that the word interpreter refers to someone who translates speech, not writing, and Justice Ruth Bader Ginsburg found four dictionaries supporting her view that interpreter can refer to a translator of documents as well. Complicating things even more, both justices relied on the same definitions of interpreter in Webster's Third and Black's Law Dictionary to support their opposing claims. It turns out that dictionary definitions need interpreting, just as the law does.
  Why all this consulting of dictionaries by the courts? When a word is not defined in a statute, legal convention says that we're supposed to give that word its ordinary, customary, or plain meaning. But the 'ordinary meaning' of words is often in dispute: the recent case of Bullock v. BankChampaign (2013) turned on the meaning of defalcation, an obscure accounting term that has no plain meaning. But the meaning of more common words is often also up for grabs. That's why as many as 15 or 16 million civil lawsuits are filed every year, all of them based on conflicting interpretations of the words in our laws and contracts.
  If the marriage-equality cases before the Court lead to dictionary look-ups, here's what the justices will find. Samuel Johnson (1755), the great English lexicographer, defines marriage as ''the act of uniting a man and woman for life.'' Noah Webster (1828), a lawyer by training, defines marriage as a specifically heterosexual union and moralizes at length about its religious virtues, something today's more modest lexicographers refrain from doing:
  Marriage. n. s. The act of uniting a man and woman for life; wedlock; the legal union of a man and woman for life. Marriage is a contract both civil and religious, by which the parties engage to live together in mutual affection and fidelity, till death shall separate them. Marriage was instituted by God himself for the purpose of preventing the promiscuous intercourse of the sexes, for promoting domestic felicity, and for securing the maintenance and education of children.
  Above: Samuel Johnson's definition, from his Dictionary of the English Language (1755). Below: Noah Webster's definition, from An American Dictionary of the English Language (1828)
  The Century Dictionary (1891), the first to be based on scientific and linguistic principles, stresses the civil nature of marriage as ''the legal union of a man with a woman for life''--nothing shocking there. But it's also the first dictionary to recognize that marriage is defined differently in different cultures. Marriage may include both common law marriage and ''plural marriage,'' or polygamy (not just abroad, the Century tells us, but even in the United States, as practiced by Mormons).
  Above: The Century Dictionary defines marriage as heterosexual, but its definition takes an anthropological bent, recognizing the fluidity of wedlock practices across cultures. Below: The Century also has an entry defining plural marriage, both ''among the Mormons'' and in ''Oriental countries'' (a reference not to the Far East, but to Islam):
  In contrast to the moralizing Webster, Black's Law Dictionary (2nd ed., 1910), confirms earlier definitions specifying heterosexual monogamy, but grounds the institution in civil law rather than religion:
  Marriage . . . is the civil status of one man and one woman united in law for life, for the discharge to each other and the community of the duties legally incumbent on those whose association is founded on the distinction of sex.
  But the latest edition of Black's (9e) gives this more-neutral definition, ''the legal union of a couple as spouses,'' and a subentry for same-sex marriage refines the definition to take into account its treatment in various jurisdictions:
  The ceremonial union of two people of the same sex; a marriage or marriage-like relationship between two women or two men .' The United States government and most American states do not recognize same-sex marriages, even if legally contracted in other countries such as Canada, so couples usu. do not acquire the legal status of spouses. But in some states same-sex couples have successfully challenged the laws against same-sex marriage on constitutional grounds.
  In 2003, Merriam-Webster's Collegiate Dictionary (11e), an authority frequently cited by the courts, added same-sex unions to its definition of marriage:
  1a (1) the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law (2): the state of being united to a person of the same sex in a relationship like that of a traditional marriage.
  The Oxford English Dictionary, another favorite with judges, has also added same-sex marriage to its definition:
  persons married to each other; matrimony. The term is now sometimes used with reference to long-term relationships between partners of the same sex.
  The OED also adds this definition of gay marriage (s.v.,gay), tracing the first use of the term back to 1971:
  gay marriage n. relationship or bond between partners of the same sex which is likened to that between a married man and woman; (in later use chiefly) a formal marriage bond contracted between two people of the same sex, often conferring legal rights; (also) the action of entering into such a relationship; the condition of marriage between partners of the same sex.
  And in 2011, the American Heritage Dictionary (5e) added both same-sex marriage and polygamy to its definition of marriage:
  a. The legal union of a man and woman as husband and wife, and in some jurisdictions, between two persons of the same sex, usually entailing legal obligations of each person to the other.
  b. A similar union of more than two people; a polygamous marriage.
  c. A union between persons that is recognized by custom or religious tradition as a marriage.
  d. A common-law marriage.
  Dictionaries have modified their definitions of marriage as social attitudes toward marriage have changed. That's because dictionaries record how speakers and writers have used some words some of the time in some contexts. The new definitions of marriage may help the Court decide its current cases. But it's also possible that the Court will ignore them, because, despite our reverence for dictionaries as the ultimate language authorities, lexicographers don't write dictionaries with the law in mind.
  The courts are coming to realize this, if only slowly. In U.S. v. Costello, Judge Richard Posner rejected the government's dictionary-definition of to harbor as 'to shelter' (Costello had been convicted of ''harboring'' her partner, a convicted drug dealer and illegal alien, in violation of the Espionage Act): '''Sheltering' doesn't seem the right word for letting your boyfriend live with you.'' Quoting Learned Hand, he admonished the government attorneys ''not to make a fortress out of the dictionary,'' because dictionaries don't generally give enough information about how a word is used in context. Instead, Posner sought the meaning of harbor by googling the word.
  The Supreme Court may be moving away from its reliance on dictionaries as well. In Bullock, the Court was asked to decide if defalcation, which means a reduction in the funds in an account, can be accidental, or if it must require criminal intent. Legal precedents and jurisprudence don't supply a clear answer to the question of intent. Turning to lexicographical authorities, Justice Stephen Breyer found that ''definitions of the term in modern and older dictionaries are unhelpful,'' some suggesting that defalcation is criminal, others that it's not, and still others that defalcation can be either innocent or criminal. So the Court wrote its own definition: because defalcation occurs in the same sentence of the Bankruptcy Act as fraud, embezzlement, and larceny, Breyer reasoned that, like these other terms, defalcation must require criminal knowledge or intent. And that is how the highest court now defines the word.
  The Supreme Court's definitions are confined to legal contexts. We are still free to call translators of documents interpreters, but after Taniguchi, the law must define them as translators of speech. We can use defalcation to mean the accidental loss of funds, as when Uncle Billy misplaces the bank deposit in It's a Wonderful Life'--if we think of this unusual word at all. And we can still think that in the Second Amendment, bearing arms refers to military service, not sport or self-defense, but after Heller, it became grammatical to bear arms against a rabbit too.
  The Supreme Court may choose not to define marriage at all--we'll know more in the next few weeks. But if it does rule that marriage includes same-sex marriage, or excludes it, no matter how we define marriage privately, we'll have to follow those definitions in dealing with the legal aspects of marriage, at least until the Court changes its mind and rewrites its dictionary.
  UPDATE: On June 26 the US Supreme Court ruled DOMA unconstitutional and let stand the lower court decision making California's Proposition 8 unconstitutional. Opinions and dissents did not cite any dictionary definitions at all, referring instead at times to the "traditional" definition of marriage--i.e., an earlier cultural assumption that it was heterosexual in nature--and also to the federal statute defining marriage and the traditional authority of the states to define marriage. Lexicographers are off the hook this time. After all, who needs linguistic evidence when we all know what words mean anyway, right?
1 USC § 7 - Definition of ''marriage'' and ''spouse'' | Title 1 - General Provisions | U.S. Code | LII / Legal Information Institute
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  Wed, 26 Jun 2013 21:57
  In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word ''marriage'' means only a legal union between one man and one woman as husband and wife, and the word ''spouse'' refers only to a person of the opposite sex who is a husband or a wife.
  In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word ''marriage'' means only a legal union between one man and one woman as husband and wife, and the word ''spouse'' refers only to a person of the opposite sex who is a husband or a wife.
  The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
  The most recent Classification Table update that we have noticed was Wednesday, May 29, 2013
  An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
  How To UseMultiple entries for a section are listed most recent first, within the section.
  The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.
  Abbreviations used in the Description of Change column:
  An empty field implies a standard amendment."new" means a new section or new note, or all new text of an existing section or note."nt" means note."nt [tbl]" means note [table]."prec" means preceding."fr" means a transfer from another section."to" means a transfer to another section."omitted" means the section is omitted."repealed" means the section is repealed."nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].The Public Law field is linked to the development of the law in the Thomas system at the Library of Congress.
  The Statutes at Large field is linked to the text of the law, in the context of its volume of the Statutes at Large, at the Government Printing Office. Please note that it takes a while for these pages to get posted, so for very recent legislation, you need to look at the "enrolled" version at the Thomas site.
  The Statutes at Large references have been rendered in the format used as page numbers in the Public Law web pages to which we link, to facilitate copy-paste into browser "find on this (web) page" tools. We are still working on a more direct link facility.
  For serious comparison work, we suggest copying all or a portion of the Public Law text into your favorite text editor, for convenient content traversal and window control.
  Sections with change type "new" are a special case, still under development. All are now listed, at the title level only.
  You will find that occassionally a specific update you notice in a Public Law listed in a classification table will already have made it into the Code. We assume this is an artifact of the LRC edit process. The LII does not edit the LRC content.
  topGeneral ReferenceRefer to the LRC (Law Revision Council) for explanations about the US Code from the folks who put it all together.
  You can look for information about what it is and is not, which titles are positive law, the schedule of Supplements, etc. Under download you can find the source data we use here (GPO locator files), as well as, PDF files that look just like the paper books (these may be rather large).
  Refer to the Thomas site for changes that have not yet made it into the classification tables.
  1 USCDescription of ChangeSession YearPublic LawStatutes at Large
The Government's Out-of-Date Definition of Writing : Behind the Dictionary : Thinkmap Visual Thesaurus
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  Wed, 26 Jun 2013 21:54
  There's a federal law that defines writing. Because the meaning of the words in our laws isn't always clear, the very first of our federal laws, the Dictionary Act--the name for Title 1, Chapter 1, Section 1, of the U.S. Code--defines what some of the words in the rest of the Code mean, both to guide legal interpretation and to eliminate the need to explain those words each time they appear. Writing is one of the words it defines, but the definition needs an upgrade.
  The Dictionary Act consists of a single sentence, an introduction and ten short clauses defining a minute subset of our legal vocabulary, words like person, officer, signature, oath, and last but not least, writing. This is necessary because sometimes a word's legal meaning differs from its ordinary meaning. But changes in writing technology have rendered the Act's definition of writing seriously out of date.
  The Dictionary Act tells us that in the law, singular includes plural and plural, singular, unless context says otherwise; the present tense includes the future; and the masculine includes the feminine (but not the other way around--so much for equal protection).
  The Act specifies that signature includes "a mark when the person making the same intended it as such," and that oath includes affirmation. Apparently there's a lot of insanity in the law, because the Dictionary Act finds it necessary to specify that "the words 'insane' and 'insane person' and 'lunatic' shall include every idiot, lunatic, insane person, and person non compos mentis."
  The Dictionary Act also tells us that "persons are corporations . . . as well as individuals," which is why AT&T is currently trying to convince the Supreme Court that it is a person entitled to "personal privacy." (The Act doesn't specify whether "insane person" includes "insane corporation.")
  And then there's the definition of writing. The final provision of the Act defines writing to include "printing and typewriting and reproductions of visual symbols by photographing, multigraphing, mimeographing, manifolding, or otherwise." There's no mention of photocopying, or of computers and mobile phones, now the primary means of transmitting text, though presumably they and Facebook and Twitter and all the writing technologies that have yet to appear are covered by the law's blanket phrase "or otherwise."
  Federal law can't be expected to keep up with every writing technology that comes along, but the newest of the six kinds of writing that the Dictionary Act does refer to--the multigraph--was invented around 1900 and has long since disappeared. No one has ever heard of multigraphing, or of manifolding, an even older and deader technology, and for most of us the mimeograph is at best a dim memory.
  Congress considers writing important enough to the nation's well-being to include it in the Dictionary Act, but not important enough to bring up to date, and now, with the 2012 election looming, no member of Congress is likely to support a revision to the current definition that is semantically accurate yet contains no earmarks, and is able to win an up-or-down vote in the House and the Senate, be signed into law by the President, and survive a potential challenge in the courts.
  Still, revision is an integral part of writing, and revising the Dictionary Act seems worth a try. For ideas about how to do this, we might consult some dictionaries, since most of them do a better job of defining writing than the authors of the Dictionary Act, whose first concern is not lexicography, but getting re-elected.
  The originalists in Congress may prefer to go back to eighteenth-century dictionaries for the revision. If so, they'll find that Nathan Bailey (1736) defines writing as "the art or act of signifying and conveying our ideas to others by letters or characters visible to the eye." And Samuel Johnson (1755) defines it as "a legal instrument; a composure; a book; a written paper of any kind." Good definitions for the Age of Enlightenment, but not much help in the digital age.
  Above: The definition of writing from Nathan Bailey's Dictionarium Britannicum, vol 2, 1736.Below: the definition from Samuel Johnson's Dictionary of the English Language, 1755.
  Believers in American exceptionalism may prefer a homegrown definition. The great American lexicographer Noah Webster (1828) calls writing "the act or art of forming letters and characters, on paper, wood, stone or other material, for the purpose of recording the ideas which characters and words express, or of communicating them to others by visible signs." Like the Dictionary Act, Webster enumerates some, but not all, of the possible kinds of writing (for example, both omit writing with lemon juice, a technology popular among children who hope to grow up to be spies). But Webster adds, "We hardly know which to admire most, the ingenuity or the utility of the art of writing." Including that last comment in a definition would endanger bipartisan support, since Democrats tend to think of writing as ingenious, while the official Tea Party position on writing is that it is utilitarian, but only when done by registered Tea Partiers. Socialists of course see writing as collaborative (there's one Socialist in the House), but that would bring about a world where writing equals Wikipedia, making it way worse than universal health care.
  Above: Definition of writing from Noah Webster's An American Dictionary of the English Language, 1828.Below: the definition from Webster's Third New International Dictionary, 1961.
  Webster's Third (1961) preserves much of Noah Webster's original, without the editorializing: writing is "the act or art of forming letters on stone, paper, wood, or other suitable medium to record the ideas which characters and words express or to communicate the ideas by visible signs." That's not likely to further the digital revolution. So far only the Oxford English Dictionary adds to the conventional view of writing as a visible medium the nonvisible writing done when computers transfer keystrokes to memory: "The process of causing an item of data to be entered into a store or recorded in or on a storage medium." As if to drive the point home, the OED's latest definitions are only available online.
  Excerpt from the definition of writing from the online Oxford English Dictionary. oed.com, 2011.
  The problem with the Dictionary Act's definition of writing is that it is specific without being inclusive. The law identifies as writing a number of technologies that many people might not have considered to be writing at the time the statute was drafted. Unfortunately, this attempt at cutting-edge defining now seems quaint but retro: some of the technologies that the Act names are obsolete--even typewriters in America are more likely to be museum pieces or attic junk than writing machines--and it is silent on the new technologies that should be covered by a legal definition.
  It's time for our lawmakers to acknowledge that, with more writing done with silicon chips than pen and ink, we're shifting away from mechanically reproducible text to writing on screen, and the forms which writing takes are not just visible representations of our ideas, but machine-readable strings of 1's and 0's, charged particles, nanoswitches flipping on and off, LEDs, pixels, and things not yet dreamt of in our philosophy. Writing is becoming less and less a physical object which can be grasped, or whose physical location can be fixed in time and space, and more and more something that can be coded and streamed, fragmented and rematerialized, zipped and expanded, mashed and remixed, and moved around with the fingertips on a touch screen. Try selling that to a bunch of legislators who think of the internet as a series of tubes.
  Of course no legal definition that fits into a single clause can hope to define writing, but at some point Congress needs to bring the Dictionary Act into the twenty-first century by dropping out the antique writing technologies and accommodating the newest ones. (Since the Dictionary Act defines the present as including the future, the new definition of writing won't have to anticipate all the kinds of writing not yet invented.) But given the state of the economy and of the world, and the increasing political rancor at home, redefining writing is not a high legislative priority. So for now the Federal Code will continue to treat writing as the province of multigraphs, manifolds, typewriters, and mimeos. Perhaps by the time Congress gets around to revising Title 1, Chapter 1, Section 1, Facebook and Twitter will be long gone, the digital age will have given way to the next big thing, and writing itself may have become nothing more than an obsolete series of tubes.
A Discussion With Cryptome
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  Wed, 26 Jun 2013 21:26
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VIDEO-DEEN-Drug For AAs-Paula Deen Controversy | Will Novo Nordisk Drop Paula Deen Next? - YouTube
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Defense of Marriage Act - Wikipedia, the free encyclopedia
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  Wed, 26 Jun 2013 20:31
  The Defense of Marriage Act (DOMA) (Pub.L. 104''199, 110 Stat. 2419, enacted September 21, 1996, 1 U.S.C. § 7 and 28 U.S.C. § 1738C) is a United States federal law that allows states to refuse to recognize same-sex marriages performed under the laws of other states. Until a portion of the act (Section 3) was ruled unconstitutional by the U.S. Supreme Court on June 26, 2013, it also restricted federal marriage benefits.
  DOMA passed both houses of Congress by large majorities and was signed into law by PresidentBill Clinton on September 21, 1996. Section 3 of DOMA had codified the non-recognition of same-sex marriages for all federal purposes, including insurance benefits for government employees, Social Security survivors' benefits, immigration, and the filing of joint tax returns.
  Clinton and key legislators have changed their positions and advocated for DOMA's repeal. The Obama administration announced in 2011 that it had determined that section 3 was unconstitutional and, though it would continue to enforce the law, it would no longer defend it in court. In response, the Republican leadership of the House of Representatives instructed the House General Counsel to defend the law in place of the Department of Justice (DOJ).[1]
  Section 3 of DOMA was found unconstitutional in eight federal courts, including the First and Second Circuit Court of Appeals, on issues including bankruptcy, public employee benefits, estate taxes, and immigration.[n 1] The U.S. Supreme Court in United States v. Windsor declared Section 3 of DOMA unconstitutional on June 26, 2013, both "as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment"[2] and as an abbrogation of states rights to federal recognition.
  BackgroundThe issue of same-sex marriage attracted mainstream attention infrequently until the 1980s. A sympathetic reporter heard several gay men raise the issue in 1967 and described it as "high among the deviate's hopes".[3] In one early incident, gay activist Jack Baker brought suit against the state of Minnesota in 1970 after being denied a marriage license to marry another man, and in Baker v. Nelson the Minnesota Supreme Court ruled that limiting marriage to opposite-sex couples did not violate the United States Constitution. Baker later changed his legal name to Pat Lynn McConnell and married his male partner in 1971, although the marriage was not legally recognized.[4][5] A 1972 off-Broadway play, Nightride, depicted, in the author's words, "a black''white homosexual marriage".[6][n 2] In 1979, IntegrityUSA, an organization of gay Episcopalians, raised the issue as the Episcopal Church in the U.S. considered a ban on the ordination of homosexuals as priests.[7][n 3]
  The New York Times said the question was "all but dormant" until the late 1980s when, according to gay activists, "the AIDS epidemic... brought questions of inheritance and death benefits to many people's minds."[8] In May 1989, Denmark established registered partnerships that granted same-sex couples many of the rights associated with marriage.[8] In the same year, New York's highest court ruled that two homosexual men qualified as a family for the purposes of New York City's rent-control regulations.[8] Within the movement for gay and lesbian rights, a debate between advocates of sexual liberation and of social integration was taking shape, with Andrew Sullivan publishing an essay "Here Comes the Groom" in The New Republic in August 1989 arguing for same-sex marriage: "A need to rebel has quietly ceded to a desire to belong", he wrote.[5] In September 1989, the State Bar Association of California urged recognition of marriages between homosexuals even before gay rights advocates adopted the issue.[8]
  Gary Bauer, head of the socially conservativeFamily Research Council, predicted the issue would be "a major battleground in the 1990s".[8] In 1991, Georgia Attorney General Michael J. Bowers withdrew a job offer made to a lesbian who planned to marry another woman in a Jewish wedding ceremony.[9] In 1993, a committee of the Evangelical Lutheran Church in America released a report asking Lutherans to consider blessing gay marriage and stating that lifelong abstinence was harmful to gay and lesbian couples. The Conference of Bishops responded, "There is basis neither in Scripture nor tradition for the establishment of an official ceremony by this church for the blessing of a homosexual relationship."[10] In a critique of radicalism in the gay liberation movement, Bruce Bawer's A Place at the Table (1993) advocated the legalization of same-sex marriage.[11]
  In Baehr v. Miike (1993), the Supreme Court of Hawaii ruled that the state must show a compelling interest in prohibiting same-sex marriage.[12] This finding prompted concern among opponents of same-sex marriage that same-sex marriage might become legal in Hawaii and that other states would recognize or be compelled to recognize those marriages under the Full Faith and Credit Clause of the United States Constitution.
  TextThe main provisions of the act were as follows:[13]
  Section 2. Powers reserved to the statesNo State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.Section 3. Definition of marriageIn determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.Section 3 was ruled unconstitutional by the U.S. Supreme Court on June 26, 2013.
  EnactmentGeorgia Representative Bob Barr, then a Republican, authored the Defense of Marriage Act and introduced it in the House of Representatives on May 7, 1996. Senator Don Nickles, Republican of Oklahoma, introduced it in the Senate.[14] The House Judiciary Committee stated that the Act was intended by Congress to "reflect and honor a collective moral judgment and to express moral disapproval of homosexuality."[15] The Act's congressional sponsors stated, "[T]he bill amends the U.S. Code to make explicit what has been understood under federal law for over 200 years; that a marriage is the legal union of a man and a woman as husband and wife, and a spouse is a husband or wife of the opposite sex."[16]
  Nickles said, "If some state wishes to recognize same-sex marriage, they can do so". He said the bill would ensure that "the 49 other states don't have to and the Federal Government does not have to."[14] In opposition to the bill, Colorado Rep. Patricia Schroeder said, "You can't amend the Constitution with a statute. Everybody knows that. This is just stirring the political waters and seeing what hate you can unleash."[14] Barr countered that the Full Faith and Credit Clause of the Constitution grants Congress power to determine "the effect" of the obligation of each state to grant "full faith and credit" to other states' acts.[14]
  The 1996 Republican Party platform endorsed DOMA, referencing only section 2 of the act: "We reject the distortion of [anti-discrimination] laws to cover sexual preference, and we endorse the Defense of Marriage Act to prevent states from being forced to recognize same-sex unions."[17] The Democratic Party platform that year did not mention DOMA or marriage.[18] In a June 1996 interview in the gay and lesbian magazine The Advocate, Clinton said, "I remain opposed to same-sex marriage. I believe marriage is an institution for the union of a man and a woman. This has been my long-standing position, and it is not being reviewed or reconsidered."[19] In the same year, in response to a citizen's letter, he also wrote that "raising this issue is divisive and unnecessary."[20]
  Some Democrats viewed the legislation as politically motivated rather than a response to societal developments. Sen. Ted Kennedy of Massachusetts called DOMA the "Endangered Republican Candidates Act"[21] and said it was "a mean-spirited form of legislative gay-bashing designed to inflame the public four months before the November election."[22] Gay and lesbian rights organizations found there was little time to lobby in opposition, because the Clinton administration preferred to have DOMA become law as quickly as possible and not become an issue in the fall presidential campaign.[21] Kennedy led an effort to pass hiring and employment protection for gays and lesbians, the Employment Non-Discrimination Act (ENDA), in concert with DOMA, but the effort failed in the Senate by one vote.[22]
  The bill moved through Congress on a legislative fast track and met with overwhelming approval in both houses of the Republican-controlled Congress, passing by a vote of 85''14 in the Senate[23] and a vote of 342''67 in the House.[24] Democratic Senators voted for the bill 32 to 14 (with Pryor of Arkansas absent), and Democratic Representatives voted for it 118 to 65, with 15 not participating. All Republicans in both houses voted for the bill with the sole exception of the one openly gay Republican congressman, Rep. Steve Gunderson of Wisconsin.[25] The sole independent in the House, Bernie Sanders of Vermont, voted against the bill. On the day it passed the House, a White House spokesman called the legislation "gay baiting".[26]
  Though he personally did not support gay marriage, Clinton also was against passing the Defense of Marriage Act, feeling it was an insult to many of his gay friends.[27] However, after Congress had passed the bill with enough votes to override a presidential veto,[27] Clinton decided to sign the bill into law in order to avoid the type of political damage he encountered earlier in his presidency when he underestimated the public's opposition to his attempt to allow gays and lesbians to serve openly in the US military.[27] Clinton, who was traveling when Congress acted, signed it into law promptly upon returning to Washington, D.C., on September 21, 1996.[21] The White House released a statement in which Clinton said "that the enactment of this legislation should not, despite the fierce and at times divisive rhetoric surrounding it, be understood to provide an excuse for discrimination, violence or intimidation against any person on the basis of sexual orientation".[21] In 2013, Mike McCurry, the White House press secretary at the time, recalled that "His (Clinton's) posture was quite frankly driven by the political realities of an election year in 1996."[27]
  Clinton did not mention the issue in his 2004 autobiography.[28] Over time, Clinton's personal views on same-sex marriage shifted. In July 2009, he said, "I personally support people doing what they want to do. I think it's wrong for someone to stop someone else from doing that [gay marriage]."[29] Clinton added that he personally supported same-sex marriage but did not believe it is a "federal question", stating, "I think all these states that do it should do it."[30] On March 7, 2013, in an op-ed he wrote for the Washington Post, Clinton urged the Supreme Court, which would shortly hear arguments on United States v. Windsor, to overturn DOMA.[31][32]
  ImpactThe General Accounting Office issued a report in 1997 identifying "1,049 federal statutory provisions classified to the United States Code in which benefits, rights, and privileges are contingent on marital status or in which marital status is a factor".[33] In updating its report in 2004, the GAO found that this number had risen to 1,138 as of December 31, 2003.[34] With respect to Social Security, housing, and food stamps, the GAO found that "recognition of the marital relationship is integral to the design of the program[s]." The other major categories the GAO identified were veteran's benefits, including pensions and survivor benefits; taxes on income, estates, gifts, and property sales; and benefits due federal employees, both civilian and military. Among many specifics, it noted the rights of the widow or widower of the creator of a copyrighted work and certain financial disclosure requirements that include the spouses of members of Congress and certain officers of the federal government. Education loan programs and agriculture price support and loan programs also implicate spouses. Financial aid to "family farms" is restricted to those in which "a majority interest is held by individuals related by marriage or blood."[33]
  Because the federal Employee Retirement Income Security Act (ERISA) controls most employee benefits provided by private employers, DOMA removes some tax breaks for employers and employees in the private sector when it comes to health care, pension, and disability benefits to same-sex spouses on an equal footing with opposite-sex spouses. ERISA does not affect employees of state and local government or churches, nor does it extend to such benefits as employee leave and vacation.[35]
  Under DOMA, persons in same-sex marriages are not considered married for immigration purposes. U.S. citizens and permanent residents in same-sex marriages cannot petition for their spouses, nor can they be accompanied by their spouses into the U.S. on the basis of a family or employment-based visa. A non-citizen in such a marriage cannot use it as the basis for obtaining a waiver or relief from removal from the U.S.[36]
  Following the end of the U.S. military's ban on service by open gays and lesbians, "Don't ask, don't tell," in September 2011, Admiral Mike Mullen, Chairman of the Joint Chiefs of Staff, noted that DOMA limited the military's ability to extend the same benefits to military personnel in same-sex marriages as their peers in opposite-sex marriages received, notably health benefits.[37] Same-sex spouses of military personnel are denied the same access to military bases, legal counseling, and housing allowances provided to different-sex spouses.[38]
  Political debateThe 2000 Republican Party platform endorsed DOMA in general terms and indicated concern about judicial activism: "We support the traditional definition of 'marriage' as the legal union of one man and one woman, and we believe that federal judges and bureaucrats should not force states to recognize other living arrangements as marriages.[39] The Democratic Party platform that year did not mention DOMA or marriage in this context.[40]
  Bush administrationIn 2004, President George W. Bush endorsed a proposed constitutional amendment to restrict marriage to opposite-sex couples because he thought DOMA vulnerable: "After more than two centuries of American jurisprudence and millennia of human experience, a few judges and local authorities are presuming to change the most fundamental institution of civilization. Their actions have created confusion on an issue that requires clarity."[41] In January 2005, he said he would not lobby on its behalf, since too many U.S. senators thought DOMA would survive a constitutional challenge.[42]
  Obama administrationPresident Barack Obama's 2008 political platform endorsed the repeal of DOMA.[43][44] On June 12, 2009, the Justice Department issued a brief defending the constitutionality of DOMA in the case of Smelt v. United States, continuing its longstanding practice of defending all federal laws challenged in court.[45] On June 15, 2009, Human Rights Campaign President Joe Solmonese wrote an open letter to Obama that asked for actions to balance the DOJ's courtroom position: "We call on you to put your principles into action and send legislation repealing DOMA to Congress."[46] A representative of Lambda Legal, an LGBT impact litigation and advocacy organization, noted that the Obama administration's legal arguments omitted the Bush administration's assertion that households headed by opposite-sex spouses were better at raising children than those headed by same-sex spouses.[45]
  On February 23, 2011, Attorney GeneralEric Holder released a statement regarding lawsuits challenging DOMA section 3. He wrote:[47]
  After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny. The President has also concluded that section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional. Given that conclusion, the President has instructed the Department not to defend the statute in such cases.
  He also announced the administration intended to enforce the law, as distinct from defending it in court, "unless and until Congress repeals Section 3 or the judicial branch renders a definitive verdict against the law's constitutionality."[47]
  In a separate letter to Speaker of the HouseJohn Boehner, Holder noted that Congress still had the ability to participate in these lawsuits in lieu of the Justice Department.[48]
  On February 24, the Department of Justice notified the First Circuit Court of Appeals that it would "cease to defend" Gill and Massachusetts as well.[49] On July 1, 2011, the DOJ, with a filing in Golinski, intervened for the first time on behalf of a plaintiff seeking to have DOMA section 3 ruled unconstitutional, arguing that laws that use sexual orientation as a classification need to pass the court's intermediate scrutiny standard of review.[50] The DOJ made similar arguments in a filing in Gill on July 7.[51]
  In June 2012, filing an amicus brief in Golinski, two former Republican Attorneys General, Edwin Meese and John Ashcroft, called the DOJ's decision not to defend DOMA section 3 "an unprecedented and ill-advised departure from over two centuries of Executive Branch practice" and "an extreme and unprecedented deviation from the historical norm".[52]
  On June 26, 2013, section 3 of the Defense of Marriage Act was ruled unconstitutional by the Supreme Court in a 5-4 vote.
  Congressional interventionOn March 4, 2011, Boehner announced plans to convene the Bipartisan Legal Advisory Group (BLAG) to consider whether the House of Representatives should defend DOMA section 3 in place of the Department of Justice,[53][54] and on March 9 the committee voted 3''2 to do so.[55]
  On April 18, 2011, House leaders announced they had selected former United States Solicitor General Paul Clement to represent BLAG,[56] and Clement, without opposition from other parties to the case, filed a motion to be allowed to intervene in the suit "for the limited purpose of defending the constitutionality of Section III" of DOMA.[57][58] On April 25, 2011, King & Spalding, the law firm through which Clement was handling the case, announced it was dropping the case. On the same day, Clement resigned from King & Spalding in protest and joined Bancroft PLLC, which took on the case.[59] The House's initial contract with Clement capped legal fees at $500,000,[60] but on September 30 a revised contract raised the cap to $1.5 million.[61] A spokesman for Boehner explained that BLAG would not appeal in all cases, citing bankruptcy cases that are "unlikely to provide the path to the Supreme Court....[E]ffectively defending [DOMA] does not require the House to intervene in every case, especially when doing so would be prohibitively expensive."[62]
  Repeal proposalsOn September 15, 2009, three Democratic members of Congress, Jerrold Nadler of New York, Tammy Baldwin of Wisconsin, and Jared Polis of Colorado, introduced legislation to repeal DOMA called the Respect for Marriage Act. The bill had 91 original co-sponsors in the House of Representatives[63][64] and was supported by Clinton, Barr, and several legislators who voted for DOMA.[65] Congressman Barney Frank and John Berry, head of the Office of Personnel Management, did not support that effort, stating that "the backbone is not there" in Congress. Frank and Berry suggested DOMA could be overturned more quickly through lawsuits such as Gill v. Office of Personnel Management filed by Gay & Lesbian Advocates & Defenders (GLAD).[66][67]
  Following Holder's announcement that the Obama Administration would no longer defend DOMA section 3 in court, on March 16, 2011, Senator Dianne Feinstein introduced the Respect for Marriage Act in the Senate again[68] and Nadler introduced it in the House.[69] The Senate Judiciary Committee voted 10''8 in favor of advancing the bill to the Senate floor, but observers believed it would not gain the 60 votes needed to end debate and bring it to a vote.[70]
  Challenges in federal courtNumerous plaintiffs have challenged DOMA. Cases from the middle of the first decade of the 21st century upheld the law:
  In re Kandu, a same-sex couple in the state of Washington, who had married in Canada, attempted to file a joint bankruptcy petition, but were not allowed to do so.[71][72]Wilson v. Ake, an unsuccessful attempt by a Florida same-sex couple, married in Massachusetts, to have their marriage license accepted in Florida.[n 4]More recent cases have focused on section 3's definition of marriage. The courts, using different standards, have all found section 3 unconstitutional. Requests for the Supreme Court to hear appeals have been filed in five cases, listed below (with Supreme Court docket numbers):
  Golinski v. Office of Personnel ManagementGolinski v. Office of Personnel Management is a challenge to section 3 of DOMA in federal court based on a judicial employee's attempt to receive spousal health benefits for her wife. In 2008, Karen Golinski, a 19-year employee of the Ninth Circuit Court of Appeals, applied for health benefits for her wife. When the application was denied, she filed a complaint under the Ninth Circuit's Employment Dispute Resolution Plan. Chief Judge Alex Kozinski, in his administrative capacity, ruled in 2009 that she was entitled to spousal health benefits,[74] but the Office of Personnel Management (OPM) announced that it would not comply with the ruling.
  On March 17, 2011, U.S. District Judge Jeffrey White dismissed the suit on procedural grounds but invited Golinski to amend her suit to argue the unconstitutionality of DOMA section 3,[75] which she did on April 14.[76] Following the Attorney General's decision to no longer defend DOMA,[47] the Bipartisan Legal Advisory Group (BLAG), an arm of the House of Representatives, took up the defense. Former United States Solicitor GeneralPaul Clement filed, on BLAG's behalf, a motion to dismiss raising arguments previously avoided by the Department of Justice: that DOMA's definition of marriage is valid "because only a man and a woman can beget a child together, and because historical experience has shown that a family consisting of a married father and mother is an effective social structure for raising children."[77][78] On July 1, 2011, the DOJ filed a brief in support of Golinski's suit, in which it detailed for the first time its case for heightened scrutiny based on "a significant history of purposeful discrimination against gay and lesbian people, by governmental as well as private entities" and its arguments that DOMA section 3 fails to meet that standard.[50][79]
  On February 22, 2012, White ruled for Golinski, finding DOMA "violates her right to equal protection of the law under the Fifth Amendment to the United States Constitution." He wrote that section 3 of DOMA could not pass the "heightened scrutiny" or the "rational basis" test. He wrote,[80]
  The Court finds that neither Congress' claimed legislative justifications nor any of the proposed reasons proffered by BLAG constitute bases rationally related to any of the alleged governmental interests. Further, after concluding that neither the law nor the record can sustain any of the interests suggested, the Court, having tried on its own, cannot conceive of any additional interests that DOMA might further.
  The case is currently on appeal to the Ninth Circuit, but on July 3, 2012, the DOJ asked the Supreme Court to review the case before the Ninth Circuit decides it so it can be heard together with two other cases in which DOMA section 3 was held unconstitutional, Gill v. Office of Personnel Management and Massachusetts v. United States Department of Health and Human Services.[81]
  Gill and MassachusettsOn March 3, 2009, GLAD filed a federal court challenge, Gill v. Office of Personnel Management, based on the Equal Protection Clause and the federal government's consistent deference to each state's definition of marriage prior to the enactment of DOMA. The case questioned only the DOMA provision that the federal government defines marriage as the union of a man and a woman.[82][83] On May 6, 2010, Judge Joseph L. Tauro heard arguments in the U.S. District Court in Boston.[84]
  On July 8, 2009, Massachusetts Attorney General Martha Coakley filed a suit, Massachusetts v. United States Department of Health and Human Services, challenging the constitutionality of DOMA. The suit claims that Congress "overstepped its authority, undermined states' efforts to recognize marriages between same-sex couples, and codified an animus towards gay and lesbian people."[85] Judge Tauro heard arguments in Massachusetts on May 26, 2010.
  On July 8, 2010, Judge Tauro issued his rulings in both Gill and Massachusetts, granting summary judgment for the plaintiffs in both cases.[86][87] He found in Gill that section 3 of the Defense of Marriage Act violates the equal protection of the laws guaranteed by the Due Process Clause of the Fifth Amendment to the U.S. Constitution. In Massachusetts he held that the same section of DOMA violates the Tenth Amendment and falls outside Congress' authority under the Spending Clause of the Constitution.[88][89] Those decisions were stayed after the DOJ filed an appeal on October 12, 2010.[90]
  On November 3, 2011, 133 House Democrats filed an amicus brief in support of the plaintiffs in Gill and Massachusetts, asserting their belief that section 3 of DOMA was unconstitutional.[91] Included among the members of Congress signing the brief were 14 members who had voted for the bill in 1996.[91] Seventy major employers also filed an amicus brief supporting the plaintiffs.[92] A three-judge panel heard arguments in the case on April 4, 2012, during which the DOJ for the first time took the position that it could not defend section 3 of DOMA under any level of scrutiny.[93] On May 31, 2012, the panel unanimously affirmed Tauro's ruling, finding section 3 of DOMA unconstitutional.[94][95] On June 29, BLAG filed a petition for certiorari with the Supreme Court.[96] The DOJ did so on July 3, while asking the Supreme Court to review Golinski as well.[81] The Commonwealth of Massachusetts filed a response to both petitions adding the Spending Clause and Tenth Amendment issues as questions presented.[n 5]
  United States v. WindsorOn November 9, 2010, the American Civil Liberties Union and the law firm Paul, Weiss, Rifkind, Wharton & Garrison filed United States v. Windsor in New York on behalf of a surviving same-sex spouse whose inheritance from her deceased spouse had been subject to federal taxation as if they were unmarried.[97][98] New York is part of the Second Circuit, where no precedent exists for the standard of review to be followed in sexual-orientation discrimination cases. New York Attorney General Eric Schneiderman filed a brief supporting Windsor's claim on July 26, 2011.[99]
  On June 6, 2012, Judge Barbara Jones ruled that based on rational basis review, section 3 of DOMA is unconstitutional and ordered the requested tax refund be paid to Windsor. The plaintiff commented, "It's thrilling to have a court finally recognize how unfair it is for the government to have treated us as though we were strangers."[100] Windsor's attorneys filed a petition of certiorari with the Supreme Court on July 16, asking for the case to be considered without waiting for the Second Circuit's review.[101]
  On October 18, 2012, the Second Circuit Court of Appeals upheld the lower court's ruling that section 3 of DOMA is unconstitutional.[102][103] It was the first federal court of appeals decision to find that a law targeting gays and lesbians is subject to intermediate scrutiny.[104]
  On December 7, 2012, the Supreme Court agreed to hear the case. Oral arguments were heard on March 27, 2013. The Court declared section 3 of DOMA to be unconstitutional on June 26, 2013, "as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment."[105][106]
  Pedersen v. Office of Personnel ManagementPedersen v. Office of Personnel Management is a case filed by GLAD in Connecticut on behalf of same-sex couples in Connecticut, Vermont, and New Hampshire, in which GLAD repeats the arguments it made in Gill.
  On July 31, 2012, Judge Vanessa Bryant ruled that "having considered the purported rational bases proffered by both BLAG and Congress and concluded that such objectives bear no rational relationship to Section 3 of DOMA as a legislative scheme, the Court finds that that no conceivable rational basis exists for the provision. The provision therefore violates the equal protection principles incorporated in the Fifth Amendment to the United States Constitution."[107] She held that "laws that classify people based on sexual orientation should be subject to heightened scrutiny by courts" but determined section 3 of DOMA "fails to pass constitutional muster under even the most deferential level of judicial scrutiny."[108][109] The case is currently on appeal to the Second Circuit, and on August 21, 2012, Pedersen asked the Supreme Court to review the case before the Second Circuit decides it so it can be heard together with Gill v. Office of Personnel Management and Massachusetts v. United States Department of Health and Human Services.[110]
  Other casesOther cases challenging DOMA include:[111]
  Smelt v. Orange County and Smelt v. United States, In February 2004, Arthur Smelt and Christopher Hammer sued Orange County, California, in federal court for refusing to issue them a marriage license. The district court ruled that the couple did not have standing to challenge section 2 of DOMA and rejected their challenge to the constitutionality of section 3. On May 5, 2006, the United States Court of Appeals for the Ninth Circuit dismissed the suit,[112] and on October 10 the United States Supreme Court refused to consider the couple's appeal.[113] On March 9, 2009, the same couple, having legally married in California, filed Smelt v. United States, challenging the constitutionality of DOMA and California's Proposition 8.[114] District Judge David O. Carter dismissed the case on August 24, because the couple had not applied for and been denied any federal benefit and therefore lacked "an injury in fact."[115]Bishop v. United States (formerly Bishop v. Oklahoma), two lesbian couples in Oklahoma, one of which couples sought a marriage license and the other to have the state recognize either their Canadian marriage or their Vermont civil union.[116][117]Dragovich v. Department of the Treasury, No. 10-1564 (N.D. Cal.), a class action in which California same-sex couples seek equal access to California's long-term care insurance program for public employees and their families. U.S. District Court Judge Claudia Wilken on May 24, 2012, found section 3 of DOMA and certain IRS regulations violated the plaintiffs' equal protection rights.[118] Briefs in an appeal to the Ninth Circuit are due October 29.[119]Hara v. Office of Personnel Management, No. 09-3134 (Fed. Cir.) Hara is one of the plaintiffs in Gill.Torres-Barragan v. Holder, No. 10-55768 (9th Cir.) An immigration-related DOMA challenge in which the district court rejected the constitutional challenges. No longer being appealed.[120]Cozen O'Connor, P.C. v. Tobits and Farley, No. 11-00045-CDJ, Pennsylvania, in which two parties dispute who inherits the proceeds of a law firm's profit-sharing plan under ERISA and DOMA. The DOJ has filed a brief in the case arguing the unconstitutionality of DOMA.[121][122]On April 5, 2012, Chief Judge James Ware of the U.S. District Court for the Northern District of California ordered the federal court clerk to reimburse Christopher Nathan, a court employee, for the costs of health insurance coverage for his same-sex spouse comparable to that denied him by section 3 of DOMA.[123] On November 21, 2012, the Ninth Circuit Judicial Conference affirmed Ware's decision and ordered the court to determine the amount due Nathan and pay him within 10 days.[124]Military and veterans casesOn October 13, 2011, Carmen Cardona, a U.S. Navy veteran, filed a lawsuit in the United States Court of Appeals for Veterans Claims seeking disability benefits for her wife that the Veterans Administration and the Board of Veterans Appeals had denied.[125] Cardona is represented by the Yale Law School Legal Services Clinic.[126] At the request of BLAG, which is defending the government's action, and over Cardona's objections, the court postponed oral argument in Cardona v. Shinseki pending the Supreme Court's disposition of writs of certiorari in other DOMA cases.[127]
  On October 27, 2011, the Servicemembers Legal Defense Network (SLDN) brought suit in federal court on behalf of several military servicemembers and veterans in same-sex marriages. In a November 21 filing in the case of McLaughlin v. Panetta, they wrote, "Any claim that DOMA, as applied to military spousal benefits, survives rational basis review is strained because paying unequal benefits to service members runs directly counter to the military values of uniformity, fairness and unit cohesion." The benefits at issue include medical and dental benefits, basic housing and transportation allowances, family separation benefits, visitation rights in military hospitals, and survivor benefit plans.[128] The case was assigned to Judge Richard G. Stearns. One of the plaintiffs in the case, lesbian Charlie Morgan, who was undergoing chemotherapy, met with an assistant to Boehner on February 9, 2012, to ask him to consider not defending DOMA.[129] The case is on hold at the request of both sides in anticipation of the outcome of two other First Circuit cases on appeal, Gill v. Office of Personnel Management and Massachusetts v. United States Department of Health and Human Services.[130] On February 17, the DOJ announced it could not defend the constitutionality of the statutes challenged in the case and passed the defense to BLAG.[131] In May 2012, the parties filed briefs arguing whether BLAG has a right to intervene.[132]
  Tracey Cooper-Harris, an Army veteran from California, sued the Veterans Administration and the DOJ in federal court on February 1, 2012, asking for her wife to receive the benefits normally granted to spouses of disabled veterans.[133] BLAG sought a delay in Cooper-Harris v. United States pending the resolution of Golinski, which the attorneys for Cooper-Harris, the Southern Poverty Law Center, opposed. The court denied BLAG's motion on August 4.[134]
  Bankruptcy courtIn May 2011, DOMA-based challenges by the Department of Justice to joint petitions for bankruptcy by married same-sex couples were denied in two cases, one in the Southern District of New York on May 4 and one in the Eastern District of California on May 31. Both rulings stressed practical considerations and avoided ruling on DOMA.[135][136]
  On June 13, 2011, 20 of the 25 judges of the U.S. Bankruptcy Court for the Central District of California signed an opinion in the case in re Balas and Morales that found that a same-sex married couple filing for bankruptcy "have made their case persuasively that DOMA deprives them of the equal protection of the law to which they are entitled." The decision found DOMA section 3 unconstitutional and dismissed BLAG's objections to the joint filing:[137][138]
  Although individual members of Congress have every right to express their views and the views of their constituents with respect to their religious beliefs and principles and their personal standards of who may marry whom, this court cannot conclude that Congress is entitled to solemnize such views in the laws of this nation in disregard of the views, legal status and living arrangements of a significant segment of our citizenry that includes the Debtors in this case. To do so violates the Debtors' right to equal protection of those laws embodied in the due process clause of the Fifth Amendment. This court cannot conclude from the evidence or the record in this case that any valid governmental interest is advanced by DOMA as applied to the Debtors.
  A spokesman for House Speaker Boehner said BLAG would not appeal the ruling,[139] On July 7, 2011, the DOJ announced that after consultation with BLAG it would no longer raise objections to "bankruptcy petitions filed jointly by same-sex couples who are married under state law".[140]
  Immigration casesBi-national same-sex couples are kept from legally living in the United States by DOMA's section 3, which prevents one spouse from sponsoring the other for a green card.[141] Following some uncertainty after the Obama Administration determined section 3 to be unconstitutional, the United States Citizenship and Immigration Services (USCIS) reaffirmed its policy of denying such applications.[142] With respect to obtaining a visitor's visa, Bureau rules treat bi-national same-sex spouses the same as bi-national opposite-sex unmarried partners under the classification "cohabiting partners".[143]
  Tim Coco and Genesio J. Oliveira, a same-sex couple married in Massachusetts in 2005, successfully challenged this policy and developed a model since followed by other immigration activists.[144] The U.S. refused to recognize their marriage, and in 2007 Oliveira, a Brazilian national, accepted "voluntary departure" and returned to Brazil. They conducted a national press campaign[145] A Boston Globe editorial commented, "Great strides toward equality for gays have been made in this country, but the woeful fate of Tim Coco and Genesio Oliveira shows that thousands of same-sex couples, even in Massachusetts, still aren't really full citizens."[146] The editorial gained the attention of Senator John F. Kerry, who first lobbied Attorney GeneralEric Holder without success.[147] He then gained the support of Homeland Security SecretaryJanet Napolitano, who granted Oliveira humanitarian parole, enabling the couple to reunite in the U.S. in June 2010.[148] Humanitarian parole is granted on a case-by-case basis at the Secretary's discretion.[149]
  On September 28, 2011, in Lui v. Holder, U.S. District Court Judge Stephen V. Wilson rejected a challenge to DOMA, citing Adams v. Howerton (1982).[150] The plaintiffs in that case had unsuccessfully challenged the denial of immediate relative status to the same-sex spouse of an American citizen.[151][152] Early in 2012, two bi-national same-sex couples were granted "deferred action" status, suspending deportation proceedings against the non-U.S. citizen for a year.[153][154] A similar Texas couple had a deportation case dismissed in March 2012, leaving the non-citizen spouse unable to work legally in the United States but no longer subject to the threat of deportation.[155]
  On January 5, 2012, the U.S. District Court for the Northern District of Illinois in Chicago decided the suit of a same-sex binational couple. Demos Revelis and Marcel Maas, married in Iowa in 2010, sought to prevent the USCIS from applying section 3 of DOMA to Revelis's application for a permanent residence visa for Maas and, in the court's words, "that their petition be reviewed and decided on the same basis as other married couples."[156] Judge Harry D. Leinenweber, a Reagan appointee, denied the government's motion to dismiss. BLAG has argued for the suit to be dismissed.[157] In July the court stayed proceedings until mid-October because the USCIS is considering denying the plaintiffs' request on grounds unrelated to DOMA.[158]
  On April 2, 2012, five bi-national same-sex couples represented by Immigration Equality and Paul, Weiss filed a lawsuit, Blesch v. Holder, in the District Court for the Eastern District of New York, claiming that section 3 of DOMA violates their equal protection rights by denying the U.S. citizen in the relationship the same rights in the green card application process granted a U.S. citizen who is in a relationship of partners of the opposite sex.[157] On July 25, Chief Judge Carol Bagley Amon stayed the case pending the resolution of Windsor by the Second Circuit.[159]
  Immigration rights advocate Lavi Soloway reported on June 19, 2012, that the Board of Immigration Appeals (BIA) had in four cases responded to green card denials on the part of the U.S. Citizenship and Immigration Services (USCIS) by asking the USCIS to document the marital status of the same-sex couples and determine whether the foreign national would qualify for a green card in the absence of DOMA section 3. He said the BIA is "essentially setting the stage for being able to approve the petitions in a post-DOMA universe."[160]
  On April 19, 2013, U.S. District Judge Consuelo Marshall ordered that a suit brought in July 2012 by Jane DeLeon, a Philippine citizen, and her spouse, Irma Rodriguez, a U.S. citizen, could proceed as a class action. The plaintiffs, represented by the Center for Human Rights and Constitutional Law, contend that DeLeon has been denied a residency waiver because of DOMA section 3.[161][162]
  TribunalsIn 2009, United States Court of Appeals for the Ninth Circuit Judge Stephen Reinhardt declared DOMA unconstitutional in in re Levenson, an employment dispute resolution tribunal case, where the federal government refused to grant spousal benefits to Tony Sears, the husband of deputy federal public defender Brad Levenson.[163][164] As an employee of the federal judiciary, Levenson is prohibited from suing his employer in federal court. Rather, employment disputes are handled at employment dispute resolution tribunals in which a federal judge hears the dispute in their capacity as a dispute resolution official.
  Full faith and credit casesIn August 2007, the Tenth Circuit Court of Appeals in the case of Finstuen v. Crutcher ordered Oklahoma to issue a revised birth certificate showing both adoptive parents to a child born in Oklahoma who had been adopted by a same-sex couple married elsewhere.[165] By contrast, in 2011 Louisiana in Adar v. Smith successfully defended in federal court its refusal to amend the birth certificate of a child born in Louisiana and adopted in New York by a same-sex married couple who sought to have a new certificate issued with their names as parents as is standard practice for Louisiana-born children adopted by opposite-sex married couples.[166] The Supreme Court refused to hear the case on appeal.[167]
  On October 2, 2009, a Texas judge granted a divorce to two men married in Massachusetts. On August 31, 2010, the Fifth Court of Appeals in Dallas reversed the lower court's ruling.[168][169] On January 7, 2011, the Third Court of Appeals in Austin allowed a divorce granted by a lower court to a lesbian couple married in Massachusetts to stand.[170] Both cases await action by the Texas Supreme Court.[171]
  DOMA and state legislationA majority of the states, including some that have benefits for same-sex relationships, have restricted recognition of marriage to unions of one man and one woman either by statute or an amendment to their state constitution.[n 6] Most do not recognize same-sex unions from other jurisdictions, including other jurisdictions of the United States. States that permit same-sex marriages recognize same-sex marriages from other jurisdictions. Connecticut,[173]Iowa, Maine,[174]Maryland,[175]Massachusetts, New Hampshire, New York, Vermont, Washington, and the District of Columbia allow marriages between persons of the same sex. California, which sanctioned same-sex marriages for several months in 2008 and has a ban (Proposition 8) on same-sex marriage that is the subject of litigation, recognizes same-sex marriages from other jurisdictions as equivalent to marriages in all but name.[176]
  New Mexico and Rhode Island recognize same-sex marriages from other jurisdictions.[177][178] Other states that recognize same-sex marriages as civil unions or domestic partnerships include Colorado,[179] California,[180] Hawaii, Illinois,[181] Nevada, New Jersey, Oregon and Wisconsin. Massachusetts recognizes civil unions and domestic partnerships established elsewhere as the legal equivalent of marriage.[182]
  See alsoNotes^See below: Gill v. Office of Personnel Management and Massachusetts v. United States Department of Health and Human Services (two cases consolidated), Golinski v. Office of Personnel Management, Pedersen v. Office of Personnel Management, and Windsor v. United States.^For a review of the play see Barnes, Clive (December 10, 1971). "'Nightride'''No Apologies and No Regrets". New York Times. Retrieved February 7, 2012. ^For the theological background beginning in 1967, see Fiske, Edward B. (December 3, 1967). "Views on Homosexuals". New York Times. Retrieved February 7, 2012. ^The court held that in enacting section 2 of DOMA "Congress' actions are an appropriate exercise of its power to regulate conflicts between the laws of two different States" under the Full Faith and Credit Clause.[73]^The Commonwealth also filed its own petition in Massachusetts in case the court found the response was not the proper way to raise those issues.^Following the November 2012 elections, 30 states had constitutional amendments defining marriage as the union of a man and a woman, and another 8 states had statutory bans. Both New Jersey and New Mexico have no constitutional and/or statute bans on same-sex marriages.[172]References^Jackson, Jill (March 4, 2011). "House GOP moves to defend DOMA". CBS News. "The move by Boehner to convene the legal advisory group, instead of bringing a bill to the floor, ensures that Republicans get the outcome they want since Republicans have a majority on the panel." ^"United States v. Windsor". supremecourt.gov. June 26, 2013. ^Schott, Webster (November 12, 1967). "Civil Rights and the Homosexual: A 4-Million Minority Asks for Equal Rights". New York Times. Retrieved March 28, 2012. ^"Homosexual Wins Fight to Take Bar Examination in Minnesota". New York Times. January 7, 1973. Retrieved February 6, 2012. ^ abGeidner, Chris (May 4, 2011). "Domestic Disturbance". Metro Weekly. Retrieved February 10, 2012. ^Barton, Lee (pseudonym) (January 23, 1973). "Why Do Homosexual Playwrights Hide their Homosexuality?". New York Times. Retrieved February 7, 2012. ^Sheppard, Nathaniel (September 17, 1979). "Panel bids Episcopalians Bar Homosexual priests". New York Times. Retrieved February 7, 2012. ^ abcdeGutis, Philip S. (November 5, 1989). "Small Steps Toward Acceptance Renew Debate on Gay Marriage". New York Times. Retrieved February 6, 2012. ^"Georgia Denies Gay Lawyer a Job". New York Times. October 6, 1991. Retrieved February 7, 2012. ^Lewin, Tamar (October 21, 1993). "Lutherans Asked to Decide On Blessing of Gay Unions". New York Times. Retrieved February 7, 2012. ^Lehmann-Haupt, Christopher (November 11, 1993). "A Strong Gay Dissent On Public Spectacles". New York Times. Retrieved February 7, 2012. ^The case was originally Baehr v. Lewin. "State of Hawaii Report of the Commission on Sexual Orientation and the Law, Chapter 2 Footnotes". State of Hawaii. 1995. Retrieved January 18, 2009. ^"Defense of Marriage Act". United States Government Printing Office. September 21, 1996. Retrieved January 18, 2009. ^ abcdDunlap, David W. (May 9,. 1996). "Congressional Bills Withhold Sanction of Same-Sex Unions". New York Times. Retrieved February 10, 2012. ^Goodwin, Liz (March 27, 2013). "Lawmakers' 'moral disapproval' of gay people in 1996 could doom DOMA law in Supreme Court". Yahoo! News. Retrieved April 23, 2013. ^"Defense Of Marriage Act 5/96 H.R. 3396 Summary/Analysis". Lectric Law Library. Retrieved July 15, 2010. ^"Republican Party Platform of 1996". American Presidency Project. August 12, 1996. Retrieved July 15, 2010. ^"Democratic Party Platform of 1996". American Presidency Project. August 26, 1996. Retrieved July 15, 2010. ^Moss, J. Jennings (June 25, 1996). "Bill Clinton interview". The Advocate. Archived from the original on 2005-02-08. Archived by Wayback Machine.^"Letter from Bill Clinton". Queer Resources Directory. August 7, 1996. Retrieved February 10, 2012. ^ abcdGeidner, Chris (September 29, 2011). "Becoming Law". Metro Weekly. Retrieved February 10, 2012. ^ abGeidner, Chris (September 15, 2011). "Double Defeat". Metro Weekly. Retrieved February 10, 2012. ^"On Passage of the Bill (H.R. 3396)". United States Senate. September 10, 1996. Retrieved January 18, 2009. ^"Final vote results for roll call 316". United States House of Representatives. July 12, 1996. Retrieved January 18, 2009. ^Geidner, Chris (July 14, 2011). "Marriage Wars". Metro Weekly. Retrieved February 10, 2012. ^Gray, Jerry (July 13, 1996). "House Passes Bar to U.S. Sanction of Gay Marriage". New York Times. Retrieved February 10, 2012. ^ abcdBaker, Peter (March 25, 2013). "Now in Defense of Gay Marriage, Bill Clinton". New York Times. Retrieved June 2, 2013. ^"Clinton says gays overly critical of DADT; Memoir omits DOMA fight, Mixner, many out gay appointees". Washington Blade. June 25, 2004. Retrieved February 12, 2010. ^Galloway, Jim (July 14, 2009). "Bill Clinton drops opposition to same-sex marriage". Atlanta Journal-Constitution. ^Tracey, Michael (July 14, 2009). "Bill Clinton Backs Same-Sex Marriage". The Nation. ^Clinton, Bill. "It's Time to Overturn DOMA," washingtonpost.com, 7 March 2013, accessed 27 March 2013.^Baker, Peter. "Now in Defense of Gay Marriage, Bill Clinton," New York Times, 25 March 2013, accessed 27 March 2013.^ ab"OGC-97-16: Defense of Marriage Act". General Accounting Office. January 31, 1997. Retrieved February 12, 2012. ^"GAO-04-353R Defense of Marriage Act: Update to Prior Report". General Accounting Office. January 23, 2004. Retrieved February 12, 2012. ^"Providing benefits to same-sex spouses of employees: Legal issues, best practices". ABA Journal (America Bar Association) (December 2011). Retrieved February 12, 2012. ^"Immigration and the Defense of Marriage Act (DOMA): A Q&A Fact Check". Immigration Policy Center. August 18, 2011. Retrieved February 12, 2012. ^Heller, Marc (September 21, 2011). "Gillibrand Urges Equal Benefits". Daily Courier-Observer. Retrieved February 12, 2012. ^Dao, James (July 16, 2011). "Same-Sex Marriage Faces Military Limits". New York Times. Retrieved February 12, 2012. ^"Democratic Party Platform of 2000". American Presidency Project. July 31, 2000. Retrieved July 15, 2010. ^"Democratic Party Platform of 1996". American Presidency Project. August 14, 2000. Retrieved July 15, 2010. ^"Bush calls for ban on same-sex marriages". CNN. February 25, 2004. Retrieved February 8, 2012. ^Hoffecker, Leslie (January 17, 2005). "Bush Won't Lobby For Amendment". Orlando Sentinel. Retrieved February 8, 2012. ^"Barack Obama on LGBT Rights" (PDF). ^"Open Letter from Barack Obama Concerning LGBT Equality". ^ ab"Obama Admin Moves To Dismiss Defense Of Marriage Act Challenge". Huffington Post. June 12, 2009. Retrieved June 12, 2009. ^Solmonese, Joe (June 15, 2008). "Open Letter to President Obama" (PDF). Human Rights Campaign. Retrieved September 7, 2009. ^ abcStatement of the Attorney General on Litigation Involving the Defense of Marriage Act, February 23, 2011. Retrieved July 5, 2012.^"Attorney General Holder's Letter to John Boehner on DOMA Appeal" (PDF). February 23, 2011. Retrieved February 23, 2011. ^"Letter of Tony West, Assistant Attorney General, to United States Court of Appeals for the First Circuit". GLAD. February 24, 2011. Retrieved February 28, 2011. ^ abGeidner, Chris (July 1, 2011). "DOJ: Court Should Not Dismiss Karen Golinski's Health Benefits Claim, Should Instead Find DOMA Unconstitutional". Metro Weekly. Retrieved July 2, 2011. ^"DOJ Support of Petition for En Banc Review" (PDF). GLAD. July 7, 2011. Retrieved July 12, 2011. ^Geidner, Chris (June 11, 2012). "Former AGs Meese, Ashcroft Call Obama Move on DOMA 'Extreme' in Appeals Court Filing". Metro Weekly. Retrieved June 12, 2012. ^"Boehner: House Will Defend DOMA; Courts, Not Obama, Should Decide". National Public Radio. March 4, 2011. Retrieved March 4, 2011. ^"Boehner Launches Effort to Defend Gay Marriage Ban". FOX News. March 4, 2011. Retrieved February 8, 2012. ^Sonmez, Felicia (March 9, 2011). "House to defend the Defense of Marriage Act in court". The Washington Post. ^Todd, Ross (April 18, 2012). "King & Spalding's Clement to Fight Against Same-Sex Marriage". AmLawDaily. Retrieved February 8, 2012. ^Geidner, Chris (April 18, 2011). "House Leadership Seeks to Intervene in DOMA Case". Metro Weekly. Retrieved April 19, 2011. ^Windsor v. United States, Unopposed Motion of the Bipartisan Legal Advisory Group of the U.S. House of Representatives to Intervene for a Limited Purpose. Retrieved April 19, 2011.^Berman, Russell; Strauss, Daniel (April 25, 2011). "GOP pushes on with marriage act defense after law firm backs out". The Hill (Washington, D.C.). ISSN 1521-1568. OCLC 31153202. Retrieved November 13, 2011. ^"Price tag on House defense of DOMA: $500k". MSNBC. April 20, 2011. Retrieved April 27, 2011. ^Sonmez, Felicia (October 4, 2011). "House raises salary cap for DOMA lawyer to $1.5 million". The Washington Post. ^Schwartz, John (June 14, 2011). "A California Bankruptcy Court Rejects U.S. Law Barring Same-Sex Marriage". New York Times. Retrieved February 13, 2012. ^Bernie Becker (September 15, 2009). "House Dems Take Aim at Marriage Law". New York Times. Retrieved July 15, 2010. ^Eleveld, Kerry (September 15, 2009). "Respect for Marriage Act Debuts". The Advocate. Retrieved September 15, 2009. ^"The Respect for Marriage Act Garners Support of President Clinton and Former Rep. Bob Barr, DOMA's Original Author" (Press release). United States House of Representatives. September 15, 2009. Retrieved June 6, 2012. ^"Frank Will Not Support DOMA Repeal". EDGE Boston. September 14, 2009. Retrieved July 21, 2011. ^Johnson, Chris (September 28, 2009). "Berry'--ENDA should be LGBT priority". Washington Blade. Archived from the original on October 2, 2009. Retrieved September 28, 2009. ^S. 598^H.R. 1116^"Senate panel OKs repeal of Defense of Marriage Act". USA Today. Associated Press. November 10, 2011. ^In re Kandu, 315 B.R. 123, 138 (Bankr. D. Wash. 2004). Retrieved February 26, 2011.^"DOMA's Unlikely Victim's". The Advocate. September 28, 2004. p. 15. Retrieved February 8, 2012. ^Wilson v. Ake, 354 F. Supp. 2d 1298 (M.D. Fla. 2005).^Pear, Robert (March 12, 2009). "Obama on Spot Over a Benefit to Gay Couples". New York Times. Retrieved March 1, 2011. ^Levine, Dan (March 16, 2011). "Lesbian U.S. employee set back in benefits fight". Reuters. Retrieved March 17, 2011. ^Golinski v. OPM, Second Amended Complaint. April 14, 2011. Retrieved June 8, 2011^Geidner, Chris (June 10, 2011). "House GOP Leadership Defends 'Traditional' Marriage From Being 'Radically Redefined'". Metro Weekly. Retrieved June 13, 2011. ^Golinski v. OPM, Memorandum of Points and Authorities in Support of the Bipartisan Legal Advisory Group of the U.S. House of Representatives' Motion to Dismiss Plaintiff's Second Amended Complaint. June 3, 2011. Retrieved July 4, 2012.^Golinski v. OPM, Defendants' Brief in Opposition to Motions to Dismiss. July 1, 2011. Retrieved July 2, 2011.^Geidner, Chris (February 22, 2012). "DOMA's Federal Definition of Marriage Unconstitutional, Judge Rules in Golinski Case". Metro Weekly. Retrieved February 22, 2012. ^ abGeidner, Chris (July 3, 2012). "DOJ Asks Supreme Court to Take Two DOMA Cases, Maintains Law Is Unconstitutional". Metro Weekly. Retrieved July 3, 2012. ^Goodnough, Abby; Zezima, Katie (March 2, 2009). "Suit Seeks to Force Government to Extend Benefits to Same-Sex Couples". The New York Times. Retrieved November 6, 2009. ^""DOMA" Means Federal Discrimination Against Married Same-Sex Couples". GLAD. ^Seelye, Katharine Q. (May 6, 2010). "Marriage Law Is Challenged as Equaling Discrimination". New York Times. Retrieved June 5, 2010. ^Finucane, Martin (July 8, 2009). "Mass. challenges federal Defense of Marriage Act". Boston Globe. Retrieved November 6, 2009. ^Gill v. Office of Personnel Management, 699 F.Supp.2d 374 (D.Mass. 2010). Retrieved February 10, 2012.^Massachusetts v. United States Department of Health and Human Services, 698 F.Supp.2d 234 (D.Mass. 2010). Retrieved February 10, 2012.^Geidner, Chris (July 8, 2010). "Federal Court Rules DOMA Sec. 3 Violates Equal Protection". Retrieved July 8, 2010. ^DOMA decisions released[dead link]^Lavoie, Denise (October 12, 2010). "Feds Appeal Mass Rulings against U.S. Marriage Law". Boston Globe. Retrieved October 13, 2010. ^ abMackenzie Weinger (November 3, 2011). "DOMA opposed by 133 House Democrats". Politico. Retrieved November 3, 2011. ^Reilly, Peter J. (November 4, 2011). "Seventy Major Employers Line Up Against DOMA". Forbes. ^Geidner, Chris (April 4, 2012). "Federal Appeals Judges Consider Whether DOMA Is Constitutional in Historic Hearing in Boston". Metro Weekly. Retrieved April 4, 2012. ^Jeffrey, Don; Dolmetsch, Chris (May 31, 2012). "Defense of Marriage Act Unconstitutional, Appeals Court Says". Bloomberg. Retrieved July 5, 2012. ^Massachusetts v. United States Department of Health and Human Services, No. 10-2204, slip op. (May 31, 2012).^Johnson, Chris (June 20, 2012). "Boehner appeals DOMA cases to Supreme Court". Washington Blade. Retrieved June 29, 2012. ^Schwartz, John (November 8, 2010). "Gay Couples to Sue Over U.S. Marriage Law". New York Times. Retrieved February 23, 2011. ^Andrew M. Harris (February 28, 2011). "Widow's $363,000 Tax Bill Led to Obama Shift on Marriage Act". Bloomberg Businessweek. Retrieved July 31, 2011. ^Geidner, Chris (July 26, 2011). "New York Attorney General Takes Edith Windsor's Side in DOMA Challenge". Metro Weekly. Retrieved July 27, 2011. ^Geidner, Chris (June 6, 2012). "Another Federal Judge Finds DOMA Marriage Definition Unconstitutional, Now in Widow's Case". Metro Weekly. Retrieved June 6, 2012. ^Snow, Justin (July 16, 2012). "Widow Petitions DOMA Case to the Supreme Court". Metro Weekly. Retrieved July 16, 2012. ^Baynes, Terry (October 18, 2012). "Appeals court rules against Defense of Marriage Act". Reuters. Retrieved October 18, 2012. ^"Windsor v. USA". United States Court of Appeals for the Second Circuit. Retrieved October 18, 2012. ^Weiss, Debra Cassens (18 October 2012). "2nd Circuit Rules for Surviving Gay Spouse, Says DOMA Violates Equal Protection Clause". ABA Journal. Retrieved 18 October 2012. ^Stempel, Jonathan (January 7, 2013). "Supreme Court to hear same-sex marriage cases in late March". Reuters. Retrieved January 7, 2013. ^United States v. Windsor, 570 U.S. (2013).^Bolcer, Julie (31 July 2012). "Judge Rules DOMA Unconstitutional in Pedersen Case". Retrieved 31 July 2012. ^Geidner, Chris (31 July 2012). "Federal Trial Court In Connecticut Strikes Down DOMA's Marriage Definition". BuzzFeed Politics. Retrieved 31 July 2012. ^Geidner, Ryan J. (31 July 2012). "Bush Appointee Rules DOMA Unconstitutional". Talking Points Memo. Retrieved 31 July 2012. ^Pedersen v. Office of Personnel Management, Petition for Certiorari Before Judgment. Retrieved August 21, 2012.^"Pending cases where the Defense of Marriage Act is being challenged". February 28, 2011. ^Smelt v. County of Orange, 447 F.3d 673 (9th Cir. 2006). Retrieved August 2, 2012.^"U.S. Supreme Court refuses marriage case". ^Smelt v. United States, Notice of Removal. Retrieved November 6, 2009.^"Gay California couple's lawsuit dismissed". UPI. Retrieved February 26, 2011. ^Bishop v. Oklahoma, 447 F.Supp.2d 1239 (N.D. Okla. 2006). Retrieved February 8, 2012.^Bishop v. US, No. 04-CV-848-TCK-TLW, slip op. (N.D. Okla. November 24, 2009). Retrieved August 1, 2012.^Geidner, Chris (May 25, 2012). "Federal Judge Rules DOMA, Tax Code Force Unconstitutional Treatment For Same-Sex Couples". Metro Weekly. Retrieved May 25, 2012. ^Thomaston, Scottie (24 July 2012). "Federal defendants appeal Dragovich v. US Dept. of Treasury to Ninth Circuit". Prop8TrialTracker. Retrieved 31 July 2012. ^"Torres-Barragan v. Holder". Civilo Rights Litigation Clearinghouse. University of Michigan Law School. Retrieved January 14, 2013. ^Passarella, Gina (January 9, 2012). "U.S. Justice Department argues that Defense of Marriage Act is unconstitutional". Pittsburgh Post-Gazette. Retrieved February 12, 2012. ^See also Nina Wasow, "When is a Spouse not a Spouse? Court to Consider Applicability of DOMA to Spousal Benefits Under ERISA Plan," American Bar Association Employee Benefits Committee Newsletter, Winter 201. Retrieved February 12, 2012.^"Same-sex benefits denial is ruled discriminatory". San Francisco Chronicle. April 5, 2012. Retrieved April 5, 2012. ^Egelko, Bob (November 25, 2012). "Same-sex case ruling favors gay employee". San Francisco Chronicle. Retrieved November 26, 2012. ^Dao, James (12 October 2011). "Denied Veterans Benefits Over Same-Sex Marriage, Ex-Sailor Challenges Law". New York Times. Retrieved 3 October 2012. ^"Cardona v. Shinseki". Veterans Legal Services Clinic. Yale Law School. Retrieved 3 October 2012. ^Court of Appeals for Veterans Claims: Number:11-3083, accessed November 26, 2012^Geidner, Chris (November 23, 2011). "SLDN Takes Aim at DOMA". Metro Weekly. Retrieved February 11, 2012. ^Stone, Andrea (February 9, 2012). "Charlie Morgan, Lesbian Guardsman With Cancer, Meets John Boehner Staffer To Push DOMA Repeal". Huffington Post. Retrieved February 11, 2012. ^Geidner, Chris (February 16, 2012). "SLDN, DOJ Agree to 60-Day Delay in Case Challenging Gay Servicemembers' Spousal Benefits". Metro Weekly. Retrieved February 17, 2012. ^Geidner, Chris (February 17, 2012). "DOJ Won't Defend Laws Preventing Equal Treatment for Servicemembers With Same-Sex Spouses". Metro Weekly. Retrieved February 17, 2012. ^"Boehner moves to defend anti-gay DOMA in military case". Wisconsin Gazette. May 4, 2012. Retrieved June 13, 2012. ^"Pasadena same-sex couple sues VA over benefits". Pasadena Sun. February 1, 2012. Retrieved February 11, 2012. ^Snow, Justin (August 3, 2012). "Court Denies Motion To Stay DOMA Case Proceedings". Metro Weekly. Retrieved August 3, 2012. ^"Bankruptcy Judge Bypasses DOMA to Allow Joint Bankruptcy Filing by Same-Sex Spouses". American Bankruptcy Institute. June 3, 2011. Retrieved June 9, 2011. ^In re Somers and Caggiano, 10-38296, slip op. (Bky.S.D.N.Y. May 4, 2011). Retrieved June 9, 2011.^Geidner, Chris (June 13, 2011). "Bankruptcy Court: DOMA Unconstitutionally Limits Same-Sex Married Couples From Joint Bankruptcy Filing". Metro Weekly. Retrieved June 13, 2011. ^"Bankruptcy Court rules Section 3 of DOMA is unconstitutional". SDGLN. June 13, 2011. Retrieved June 13, 2011. ^Schwartz, John (June 14, 2011). "A California Bankruptcy Court Rejects U.S. Law Barring Same-Sex Marriage". The New York Times. Retrieved June 16, 2011. ^Geidner, Chris (July 7, 2011). "U.S. Trustee Withdraws Appeal of Gay Couple's Bankruptcy Court DOMA Victory". Metro Weekly. Retrieved July 7, 2011. ^Wernick, Allan (June 10, 2009). "Vermont Senator urges same-sex marriages OK for 'immigrant spouses'". New York Daily News. Retrieved December 19, 2011. ^Geidner, Chris (March 30, 2011). "Immigration Official: 'The Hold Is Over'". Metro Weekly. Retrieved March 30, 2011. ^"B2 Classification for Cohabiting Partners". Travel.state.gov. Retrieved March 28, 2011. ^Preston, Julia (May 8, 2011). "Justice Dept. to Continue Policy Against Same-Sex Marriage". New York Times. Retrieved August 7, 2011. ^"Mass. ad exec fights two battles with ads". AdWeek. April 29, 2008. Retrieved August 7, 2011. ^"Reunite this family". Boston Globe. August 27, 2007. Retrieved August 7, 2011. ^Trujillo, Meilssa (March 20, 2009). "Kerry Seeks Asylum For Gay Brazilian Wed In Mass.". Huffington Post. Retrieved August 7, 2011. ^Sacchetti, Maria (June 4, 2010). "Gay couple get a boost in winning bid to reunite". Boston Globe. Retrieved August 7, 2011. ^Bernstein, Nina (October 14, 2005). "A Contest of Suffering, With the U.S. as a Prize". New York Times. Retrieved August 7, 2011. ^673 F.2d 1036 (9th Cir. 1982).^Lui v. Holder, No: 2:11-CV-01267-SVW (JCGx) (C.D. Cal. September 28, 2011). Retrieved October 4, 2011.^Harmon, Andrew. "Judge Throws Out Binational Couple's DOMA Lawsuit". The Advocate. Retrieved October 4, 2011. ^Wong, Curtis (January 5, 2012). "Bradford Wells and Anthony John Makk, San Francisco Gay Married Couple, Win Deportation Reprieve For Two Years". Huffington Post. Retrieved February 9, 2012. ^Foley, Elise (February 9, 2012). "Same-Sex Couple Wins Immigration Relief, Despite Defense Of Marriage Act". Huffington Post. Retrieved February 9, 2012. ^Carroll, Susan (March 9, 2012). "Gay, married immigrant spared from deportation". Houston Chronicle. Retrieved March 10, 2012. ^Revelis v. Napolitano, 11 C 1991, slip op. (N.D. Ill. January 5, 2012). Retrieved March 2, 2012.^ abGeidner, Chris (April 2, 2012). "Immigration Equality Files DOMA Challenge, Obama Administration Left Them 'No Choice'". Metro Weekly. Retrieved April 2, 2012. ^Revelis v. Napolitano, granting motion to stay, July 12, 2012. Retrieved August 2, 2012^"Blesch v. Holder (Immigration Equality's DOMA case) put on hold". Prop8TrialTracker. Retrieved 30 July 2012. ^Geidner, Chris (June 19, 2012). "Same-Sex Couples Facing Immigration Questions Receive Temporary Relief From DOJ Immigration Board". Metro Weekly. Retrieved June 19, 2012. ^"Judge rules lesbian immigrant can challenge DOMA". U-T San Diego. April 20, 2013. Retrieved April 23, 2013. ^Dobuzinskis, Alex (July 13, 2012). "Lesbian immigrant from PH challenges US gay marriage ban". ABS-CBN News. Retrieved April 23, 2013. ^560 F.3d 1145 (9th Cir. 2009).^"Federal judge rules denial of health coverage to same-sex spouse unconstitutional". Los Angeles Times. February 9, 2009. Retrieved November 6, 2009. ^Finstuen v. Crutcher (10th Cir. 2007). Retrieved July 11, 2011.^"Gay dads lose appeal in Louisiana birth certificate case". NOLA. April 12, 2011. Retrieved April 13, 2011. ^"Supreme Court Turns Down Adoption Birth Certificate Case". The Advocate. October 11, 2011. Retrieved February 9, 2012. ^Appleton, Roy (August 31, 2010). "Dallas judge's ruling saying gay couple could divorce in Texas rejected on appeal". The Dallas Morning News. Retrieved August 31, 2010. ^In Re: Marriage of J.B. and H.B. In Re State of Texas, No.'‚05-09-01170-CV, slip op. (Tex. App. August 31, 2010).^Kreytak, Steven (January 7, 2011). "Same-sex divorce stands under appellate ruling: Attorney general did not have standing to intervene in case, court declares". Austin American-Statesman. Retrieved March 13, 2011. ^Rozen, Miriam (December 17, 2012). "Lawyer in two same-sex divorce cases awaits Texas Supreme Court decision on petitions for review". Texas Lawyer. Retrieved January 18, 2013. ^"A Boost for Same-Sex Marriage". New York Times. November 13, 2012. Retrieved December 12, 2012. ^Foderaro, Lisa W. (November 12, 2008). "Gay Marriages Begin in Connecticut". New York Times. Retrieved July 11, 2010. ^Bouchard, Kelley (December 29, 2012). "44 couples obtain marriage licenses". Portland Press Herald. Retrieved April 23, 2013. ^Rector, Kevin (January 1, 2013). "Seven same-sex couples wed at City Hall on New Year's morning". Baltimore Sun. Retrieved January 1, 2013. ^Robertson, Kathy (October 12, 2009). "California to recognize some out-of-state gay marriages". ^Witte, Brian (May 18, 2012). "Same-Sex Divorce Recognized By Maryland Court Of Appeals". Huffington Post. Retrieved May 18, 2012. ^Grndley, Lucas (June 6, 2012). "Another Court Challenge, Another Loss for DOMA". The Advocate. Retrieved June 7, 2012. ^Healy, Jack (March 21, 2013). "Colorado Approves Same-Sex Unions". The New York Times. Retrieved April 4, 2013. ^[1]^"Illinois Civil Union Law". May 27, 2011. ^Finucane, Martin (26 July 2012). "Massachusetts high court says it recognizes Vermont civil unions as marriages". Boston Globe. Retrieved 26 July 2012. "SJC: Massachusetts Recognizes California Registered Domestic Partnerships". GLAD. Retrieved October 3, 2012. BibliographyFeigen, Brenda. "Same-Sex Marriage: An Issue of Constitutional rights not Moral Opinions." 2004. 27 Harv. Women's L. J. 345."Litigating the Defense of Marriage Act: The Next Battleground for Same-Sex Marriage." 2004. 117 Harv. L. Rev. 2684.Manning, Jason (April 30, 2004). "Backgrounder: The Defense of Marriage Act". The Online News Hour. The News Hour with Jim Lehrer. Retrieved January 13, 2007. "Same Sex Marriage Passage" CQ Weekly. Congressional Quarterly. May 2, 2005.United States. 104th Congress. Defense of Marriage Act. House of Representatives Committee Report. 1996.Wardle, Lynn D. "A Critical Analysis of Constitutional Claims for Same Sex Marriage." 1996. 1996 B.Y.U.L. Rev. 1.External links
G4ILO's Blog: Yet Another Digital Mode
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  Wed, 26 Jun 2013 19:44
  Windows PC users now have the option to try yet another weak signal digital mode. Called V4, it is described as "a robust, easy to use, keyboard sound card mode that would fit into the narrow digital segments of our HF bands." The mode is 200Hz wide and capable of sending text at 40 - 60 words per minute.Do we need yet another keyboard digital mode? Although PSK31 is very popular and very narrow, performance deteriorates under conditions of multipath reception (such as in NVIS propagation) or when the ionosphere is disturbed (polar paths during periods of auroral activity) while RTTY, though also popular, is archaic, inefficient and successful only by brute force methods (a big amplifier and a beam.) More robust FSK modes such as MFSK, Olivia, Thor and DominoEX perform better but are much wider which can be a barrier to use. V4 uses the same robust modulation scheme as WINMOR but has been optimized for use as a keyboard chat mode. A detailed protocol description can be found here and the software can be obtained after joining the V4 Protocol Yahoo Group.I have only just been admitted to the group so I have some reading to catch up on and it will be a few days before I can find the time to try V4 for myself. However I am quite interested in this mode which seems to have been developed by licensed hams keeping in mind the need for responsible band use (so no 2.2kHz wide signals!) and with all the details being published and open. The software modem has been implemented as a standalone TNC that can be interfaced with other applications such as my own program KComm which is also interesting to me. So I think you can expect to hear more about the V4 Protocol in this blog in the weeks to come.
Novo Nordisk study shows benefits of Victoza
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  Wed, 26 Jun 2013 19:06
  26 June 2013 10:57 in Pharmaceutical Company Product NewsNovo Nordisk has announced new data from a real-world study of the diabetes drug Victoza, which shows the benefits it can offer compared to alternative therapies.The retrospective study - which utilised real-world data from the IMS data warehouse - showed that Victoza delivered significantly greater improvements in blood glucose control than two commonly used type 2 diabetes therapies.
  It also found that a significantly greater percentage of people with type 2 diabetes taking Victoza achieved the American Diabetes Association-recommended blood sugar level target that those receiving the other two drugs.
  Victoza was launched in 2009 and has been prescribed to more than 700,000 patients worldwide since its introduction.
  Dr Lawrence Blonde of the Ochsner Medical Center in New Orleans said: "This real-world study reinforces the outcomes seen in clinical trials demonstrating better anti-hyperglycaemic efficacy of Victoza when compared to sitagliptin or exenatide."
  This comes after Novo Nordisk recently published a study that shed light on the discrimination many diabetes patients suffer as a result of their condition.
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Victoza in its crosshairs, Lilly primes for marketing duel - Medical Marketing and Media
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  Wed, 26 Jun 2013 19:05
  As the dust settles from the American Diabetes Association meeting this week, a marketing battle is brewing. Data presented at the big confab suggested that Eli Lilly's experimental GLP-1 analog, dulaglutide, is largely on-par, efficacy wise, with some of its would-be competition.
  The three GLP-1 drugs on the market are Bristol-Myers Squibb's/AstraZeneca's Byetta and Bydureon, which are once-daily and once-weekly GLP-1s, respectively, and the once-weekly Victoza, sold by Novo Nordisk. With minimal clinical differences separating the 1.5-mg version of dulaglutide from these others, and more GLP-1s in development from other manufacturers, analysts foresee an intense battle for share of the GLP-1 market, which Barclays expects to reach nearly $2.5 billion in sales this year, rising to $7-8 billion by 2020.
  To grab a piece, the Indianapolis-based drug maker has some work ahead. Most telling will be a head-to-head trial, called AWARD-6, testing dulaglutide against market behemoth Victoza. The results are expected to be out by late this year or early next. Lilly expects to submit dulaglutide for FDA approval later this year.
  ISI Group analyst Mark Schoenebaum, citing an analyst meeting he attended at Lilly last night, wrote in an investor note that the firm is ''confident'' dulaglutide will prove non-inferior to Victoza in A1c lowering. However, the two drugs' futures may not depend solely on that data. According to another note from Schoenebaum, ''Since this is a classic primary care market, other factors may perhaps be more important."These other factors could include payer strategies and discounts, an area where Lilly stands to gain. If dulaglutide is approved, Lilly will be well on its way to having a drug in every diabetes class, "from orals to GLP-1s to insulins," the analyst notes, a pharmacopeia that could prove advantageous when negotiating with health plans and government payers.
  Lilly also announced at ADA more data for its oral Phase III SGLT-2 inhibitor empagliflozin, which it's co-developing with Boehringer Ingelheim, and that its regulatory filing for a novel basal insulin could come as early as 2014.Formularies notwithstanding, Novo may hold the advantage on the ground, according to Schoenebaum, as the Danish drug maker has a sizable sales force. According to its Q1 financial report, Novo stated it expects ''significant costs related to the expanded sales force and marketing investments in the portfolio of modern insulins and Victoza in the US.'' Novo Nordisk could not be reached for a statement on its growing sales force.
  Lilly, too, has added numbers to its sales and distribution capabilities. Its Q1 financial statement mentions a ''small increase in its diabetes sales force to prepare for the planned launches of later-stage pipeline products.''
  Strategically, Lilly appears to be trying to grow the pie before it begins to carve out its share. That's the impression Barclays analysts took from the Lilly analyst meeting. "Management indicated that 'it would be a mistake' to target switches from Victoza and that its strategy would include growing the market as opposed to taking its share,'' according to a 29-page analyst report from the bank.
  That said, at least in the early going of a dulaglutide launch, "the lowest-hanging fruit would be that of BMY's once-weekly Bydureon, which has multiple shortcomings, including a need for reconstitution, a large needle (23G versus dulaglutide 29G and Victoza 32G) and the development of nodules under the skin," the Barclays report added.
  Cardiovascular outcome studies could lead to greater success for the GLP-1s. Should they demonstrate a CV outcomes benefit, "we believe the GLP-1 class could experience a significant resurgence of growth," concluded the report. Schoenebaum told MM&M that dulaglutide's cardiovascular study will read out in 2018.
Voices of Victoza®
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  Archived Version
  Wed, 26 Jun 2013 19:04
  Indications and UsageVictoza® (liraglutide [rDNA origin] injection) is an injectable prescription medicine that may improve blood sugar (glucose) in adults with type 2 diabetes when used along with diet and exercise.
  Victoza® is not recommended as the first medication to treat diabetes. Victoza® has not been studied in patients with history of inflammation of the pancreas (pancreatitis). Victoza® is not a substitute for insulin and has not been studied in combination with prandial (mealtime) insulin. Victoza® is not for people with type 1 diabetes or people with diabetic ketoacidosis. It is not known if Victoza® is safe and effective in children. Victoza® is not recommended for use in children.
  Important Safety InformationIn animal studies, Victoza® caused thyroid tumors'--including thyroid cancer'--in some rats and mice. It is not known whether Victoza® causes thyroid tumors or a type of thyroid cancer called medullary thyroid cancer (MTC) in people, which may be fatal if not detected and treated early. Do not use Victoza® if you or any of your family members have a history of MTC or if you have Multiple Endocrine Neoplasia syndrome type 2 (MEN 2). While taking Victoza®, tell your doctor if you get a lump or swelling in your neck, hoarseness, trouble swallowing, or shortness of breath. These may be symptoms of thyroid cancer.
  Do not use Victoza® if you are allergic to liraglutide or any of the ingredients in Victoza®. Serious allergic reactions can happen with Victoza®. If symptoms of serious allergic reactions occur, stop taking Victoza® and seek medical attention. Pancreatitis may be severe and lead to death. Before taking Victoza®, tell your doctor if you have had pancreatitis, gallstones, a history of alcoholism, or high blood triglyceride levels since these medical conditions make you more likely to get pancreatitis.
  Stop taking Victoza® and call your doctor right away if you have pain in your stomach area that is severe and will not go away, occurs with or without vomiting, or is felt going from your stomach area through to your back. These may be symptoms of pancreatitis.
  Before using Victoza®, tell your doctor about all the medicines you take, especially sulfonylurea medicines or insulin, as taking them with Victoza® may affect how each medicine works. If you use Victoza® with insulin, you may give both injections in the same body area (for example, your stomach area), but not right next to each other.
  Also tell your doctor if you have severe stomach problems such as slowed emptying of your stomach (gastroparesis) or problems with digesting food; have or have had kidney or liver problems; have any other medical conditions; or are pregnant or plan to become pregnant. Tell your doctor if you are breastfeeding or plan to breastfeed. It is unknown if Victoza® will harm your unborn baby or if Victoza® passes into your breast milk.
  Your risk for getting hypoglycemia, or low blood sugar, is higher if you take Victoza® with another medicine that can cause low blood sugar, such as a sulfonylurea or insulin. The dose of your sulfonylurea medicine or insulin may need to be lowered while taking Victoza®.
  Victoza® may cause nausea, vomiting, or diarrhea leading to dehydration, which may cause kidney failure. This can happen in people who have never had kidney problems before. Drinking plenty of fluids may reduce your chance of dehydration.
  The most common side effects with Victoza® include headache, nausea, and diarrhea. Nausea is most common when first starting Victoza®, but decreases over time in most people. Immune system related reactions, including hives, were more common in people treated with Victoza® compared to people treated with other diabetes drugs in medical studies.
  Please click here for Prescribing Information and Medication Guide.
  Novo Nordisk provides patient assistance for those who qualify.Please call 1-866-310-7549 to learn more about Novo Nordisk assistance programs.
  You are encouraged to report negative side effects of prescription drugs to the FDA. Visit www.fda.gov/medwatch, or call 1-800-FDA-1088.
Should Novo Nordisk dump Paula Deen for racial slurs? - FiercePharma
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  Wed, 26 Jun 2013 19:03
  Paula Deen's marketing partnership with Novo Nordisk was controversial from the get-go. The TV chef is known for recipes that aren't exactly on Mom's list of healthy foods. Plus, Deen had known of her diabetes diagnosis for three years and only disclosed it publicly as she teamed up with Novo ($NVO). One of her publicists quit in protest, and fellow TV chef Anthony Bourdain took her to task on the air. After awhile, however, as Deen lost weight and made plenty of media appearances to advocate healthier living, the talk died down.
  But this latest controversy makes the disclosure delay look like a tempest in a teapot. In a deposition in a harassment lawsuit, Deen admitted to using the N-word and telling racist jokes. ([I]t's just what they are, they're jokes," she said, Time reports.) Her apology hasn't played well, either; though she said she doesn't condone racism and doesn't use racial slurs these days, she attempted to explain away the remarks by citing her Old South upbringing.
  The Food Network, which made Deen a household figure, has dropped her from its lineup. Her publisher, Ballantine, and restaurant partner Caesars Entertainment say they're "monitoring" the story. Novo essentially says the same thing. Deen is still a spokesperson for its Victoza brand, but the company is keeping an eye on things. It can't afford not to, with its name popping up in story after story about Deen's deposition.
  "We recognize the seriousness of these allegations and will follow the legal proceedings closely," Novo said in a statement, going on to say, "We do not condone racial intolerance of any kind and have spoken to Paula about her comments in the deposition. While she takes a more proactive approach to clearing up her comments, our focus will continue to be to provide the best care possible to all of our patients where we work and live."
  That leaves Novo plenty of wiggle room to say goodbye to Deen as time goes on. And it shields the drugmaker from the ire of Deen fans outraged by the Food Network's canceling her contract before the lawsuit goes to court. But as the Wall Street Journal's Lee Hawkins notes on video, Novo prides itself on diversity and social responsibility. And the company has laid out considerable time and resources on raising diabetes awareness in the African-American community. If Deen doesn't do a better job of apologizing, that work could be undone, if it hasn't been already.
  - see the Timepiece- read the CBS Newsstory- get more from Bloomberg- view the WSJstory
  Related Articles:Is Novo's Deen-on-diabetes campaign brilliant--or insane?Victoza weight-loss nod could rescue Novo from Tresiba delay, CEO saysNovo's exceptional first quarter still disappointsNovo envisions bonanza from U.S. weight-loss market
Pharma Marketing Blog: Sanofi vs Novartis: Paul Sorvino vs. Paula Deen
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  Wed, 26 Jun 2013 19:01
  It is rumored that celebrity southern-style chef Paula Deen will soon announce that she has diabetes (surprise) and that she is a spokesperson for Novartis's diabetes franchise (see "Rumors Say Paula Deen Has Diabetes, Will Work for Novartis"). She will compete with Paul Sorvino and daughter who are currently the diabetes spokespeople for Sanofi (see "Diabetes Costars").
  How Novartis plans to position Deen as a spokesperson for diabetes awareness should really be interesting. She's not much of a proponent for healthy lifestyle changes, which PhRMA recommends should be part of every direct-to-consumer advertising campaign.
  According to the article cited above, "Deen has faced withering criticism for the high amounts of fat, salt and sugar in her dishes. When Deen's cookbook for kids, 'Lunch-Box Set,' was published in 2009, Barbara Walters asked her, 'You tell kids to have cheesecake for breakfast. You tell them to have chocolate cake and meatloaf for lunch. And french fries. Doesn't it bother you that you're adding to this?'"
  In 2009, I took a road trip down south with my son (see photos here). A highlight was when we had lunch at "The Lady & Sons" '-- the restaurant Deen owns in Savannah, Ga. We ate the "fried chicken, ribs, cheesy meatloaf and sweet potatoes" for which the restaurant is famous. Here's the scene that day outside the restaurant (TIP: you may not have to wait for a table if you are willing to eat upstairs in the bar; of course, you have to be thin enough to fit on the stools, which may not work for most of these people waiting on line):
  While it's a good idea to have an overweight person as a diabetes spokesperson, it's quite another to have an UNAPOLOGETIC overweight person who recommends cheesecake for kids' breakfasts! It's sort of like having a "vulture capitalist" claim he creates jobs!**********UPDATE:"The rumors that Novartis has signed a multi-million dollar spokesperson deal with Paula Deen for a diabetes treatment are not true," a Novartis rep told CBSNews.com. "Novartis is not working with Ms. Deen." See "Novartis rep: There's no deal with Paula Deen."**********
  [See "My Bad! Paula Dean Shills for Novo Nordisk, Not Novartis" for a followup to this post.]
U.S. Natural Gas Prices
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  Wed, 26 Jun 2013 18:54
  Notes: Prices are in nominal dollars. Gas volumes delivered for use as vehicle fuel are included in the State annual totals through 2009 but not in the State monthly components. Through 2001, electric power price data are for regulated electric utilities only; beginning in 2002, data also include nonregulated members of the electric power sector. See Definitions, Sources, and Notes link above for more information on this table.
VIDEO-"Natural Gas Is The Transition Fuel That Can Power Our Economy With Less Carbon Pollution" - YouTube
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VIDEO-Surge In Digital Dementia Diagnosis - YouTube
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Statement by the President on the Supreme Court Ruling on the Defense of Marriage Act
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  Source: White House.gov Press Office Feed
  Wed, 26 Jun 2013 18:16
  The White House
  Office of the Press Secretary
  For Immediate Release
  June 26, 2013
  I applaud the Supreme Court's decision to strike down the Defense of Marriage Act. This was discrimination enshrined in law. It treated loving, committed gay and lesbian couples as a separate and lesser class of people. The Supreme Court has righted that wrong, and our country is better off for it. We are a people who declared that we are all created equal '' and the love we commit to one another must be equal as well.
  This ruling is a victory for couples who have long fought for equal treatment under the law; for children whose parents' marriages will now be recognized, rightly, as legitimate; for families that, at long last, will get the respect and protection they deserve; and for friends and supporters who have wanted nothing more than to see their loved ones treated fairly and have worked hard to persuade their nation to change for the better.
  So we welcome today's decision, and I've directed the Attorney General to work with other members of my Cabinet to review all relevant federal statutes to ensure this decision, including its implications for Federal benefits and obligations, is implemented swiftly and smoothly.
  On an issue as sensitive as this, knowing that Americans hold a wide range of views based on deeply held beliefs, maintaining our nation's commitment to religious freedom is also vital. How religious institutions define and consecrate marriage has always been up to those institutions. Nothing about this decision '' which applies only to civil marriages '' changes that.
  The laws of our land are catching up to the fundamental truth that millions of Americans hold in our hearts: when all Americans are treated as equal, no matter who they are or whom they love, we are all more free.
VIDEO-The Town That Caught Tourette's: The Town That Caught Tourettes: TLC
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Ambassador Chris Stevens' Benghazi Diary | SOFREP
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  Wed, 26 Jun 2013 17:05
  By: Jack Murphy & Brandon Webb''If you tell the truth you don't have to remember anything.'' -Mark Twain
  It's become clear to us that Ambassador Stevens was someone who cared deeply about his work to promote American diplomacy in Libya. He was one of four heroes who perished on September 11th, 2012 in the Benghazi attack.
  Stevens' diary has never been made public, until now. It was first discovered and reported on, in brief, by CNN, but the news network soon caved in to outside pressure, most likely from President Obama's staff, and ceased reporting on it all together.
  When we received a copy of Ambassador Chris Stevens' Benghazi diary, the Editors of SOFREP made a conscious decision to post it because the professional journal has clear journalistic value and contains important information relating to a clear and intentional cover up. Our bias in all of this is to shed light on the truth with regards to the Benghazi attack.
  We desire, as do a lot of good Americans, to finally see some accountability through the smoke and mirrors that have existed to date. Will we hold people accountable and learn from our past mistakes? Or will we continue to repeat mistakes of the past, and promote a culture at the senior levels of State that encourages dodging responsibility over taking a stand for integrity?
  Some will be shocked that we'd post U.S. Ambassador Stevens' journal. However, we'd like to point out that this is not a classified diary; it's a professional journal kept by an employee of the U.S. government. Any personal thoughts not related to Stevens' official duties have been redacted out of respect for the late Ambassador and his family.
  Ambassador Chris Stevens' Benghazi DiaryThe revelations contained within the last five days of Chris Stevens' working diary are nothing earth shattering to those of us who have been closely investigating the circumstances around the 9/11/12 Benghazi incident. However, it does shed critical light on Ambassador Stevens' information on the matter, and his actions in the run up to the attack.
  The diary is conjoined at the beginning and the end with information about the security situation in Benghazi. On September 6th, Stevens wrote about the transition of authority that had occurred in the aftermath of the Libyan Civil War, and commented on how shaky the Libyan transitional government was, when a power vacuum remained to be filled after the fall of the Gaddafi regime. Written in the format of short hand notes, he wrote, ''Militias the prime power on the ground. Weak state security institutions. As a result, dicey conditions.''
  More pressing for Stevens personally, he wrote ''Islamist 'hit list' in Benghazi. Me targeted'...'' While few, if any, Americans understood Libya as well as Chris Stevens, in the aftermath of the Benghazi attack, we can see that the Ambassador did understand the threats against him. With respect to Stevens' professionalism, one wonders whether he was not overconfident. Stevens' local knowledge, strong rapport with many Libyans, and grasp of the Arabic language may have given him a false sense that he could control the situation. On the other hand, and perhaps more realistically, Stevens probably knew the risks and did his job regardless.
  On September 9th, Stevens acknowledged that he felt overwhelmed. ''Stressful day. Too many things going on everyone wants to bend my ear. Need to pull above the fray.''
  September 10th: ''Back in Benghazi after 9 months.'' Stevens met the new team at the compound, but it is unclear whether he is referencing the CIA annex or the Temporary Mission Facility, commonly called the ''consulate.'' We do know from other sources that Stevens did receive a brief at the annex from the CIA team between the time he arrived in Benghazi and the September 11th attack. On September 10th, Ambassador Stevens also met with the Mayor of Benghazi and 20 local council members.
  The journal entry on September 11th begins, ''It is so nice to be back in Benghazi.'' On this day he met with Naeem Jabril, an appellate court judge, and afterwards with Mahmoud Mufti, a shipping company owner. Then there was a meeting with Ali Akin, the Turkish Consul General. Frustratingly, the journal does not mention what topics were discussed, but Stevens does note that Ali Akin, ''helped me land in Benghazi last year.''
  Another meeting is mentioned with Fatih Baja, a Libyan academic with a PhD in Political Science, who represents the Transitional Council for Benghazi. Baja has offered assurances in the past that Libya will not make the same transitional mistakes that other countries have, but this may be wishful thinking as the transitional government appears at the brink and ready to collapse at any moment.
  Much has been made about Ambassador Stevens and his meeting with Ali Akin of Turkey, including theories about weapons trafficking from Libyan stockpiles to rebels in Syria. Our sources indicate that non-governmental actors, in this case, are conducting these weapons transfers '' a Private Military Company with strong links to the Central Intelligence Agency. However, who is or isn't authorizing those weapons transfers remains opaque. Furthermore, a Foreign Service Officer like Stevens would not be involved in such matters, and in judging Stevens by his character, he would have been ideologically opposed to such actions in any case.
  An alternative thesis is that, rather than trafficking weapons, Ambassador Stevens was in fact training to investigate and gain further situational awareness about the weapons trafficking in Benghazi. This is another explanation, an overlooked one, as to why he would be meeting with Ali Akin. It could also explain why he may have requested a brief at the annex. The CIA's paramilitary employees, Global Response Staff (or GRS), were not involved in weapons transfers, but we are told that some of them could see the fat man behind the curtain, so to speak.
  The final coalescent point at the tail end of the diary, the final entry on September 11th, is extremely chilling:
  ''Never ending security threats'...''
  We should have known. The US State Department should have taken proper precautions, before the attack ever happened, to ensure that American forces were prepared to respond on the anniversary of 9/11. There is also the much-denied but ever-present issue of the Special Operations missions inside Libya in the run up to the attack.
  At this point, there can be no doubt.
  JSOC has run a fairly extensive targeted killing program inside Libya. In Eastern Libya, particularly, which is under militia control, all sorts of Gaddafi associates have been dropping dead, along with others who may be involved in unseemly activities. Interestingly, the tactics used in these assassinations are very similar to those used by JSOC during some of the worst days of the insurgency in Iraq.
  History Repeats ItselfIn 1998, the U.S. Embassy in Nairobi, Kenya was attacked by a truck laden with explosives. Minutes later, the U.S. Embassy in Dar es Salaam, Tanzania, was hit with another massive truck bomb. The dual attacks would kill 224 people, including 12 Americans. The coordinated attack would put terror mastermind Osama Bin Laden's name on the map.
  On August 12th, 1998, Patrick Kennedy, then serving as the Assistant Secretary for Administration, gave a formal briefing to reporters.
  With me is Patrick Kennedy, Assistant Secretary for Administration, having relinquished his acting capacity in Diplomatic Security, but nevertheless an authoritative spokesman on issues related to security and the recent bombings in East Africa.
  ''State Department Spokesman, James Foley
  The Accountability Review Board for the 1998 bombings points out that Ambassador Bushnell had repeatedly requested increased security measures, specifically stand-off capability for potential terrorist bombings. The requests were denied, explained in a letter from Under Secretary Cohen, because the Nairobi facility was only designated as a medium security threat post for political violence and terrorism.
  Threat designation is an important distinction that would leave 2012 Libyan Diplomats scratching their heads with regards to their own lack of security support from Washington. Why were their requests for security falling on deaf ears when their posts' threat designations put both Tripoli and Benghazi in the top 10 most dangerous posts in the world? They were supposed to be at the top of the list when it came to allocating resources.
  ConclusionAs we have always maintained, the true reason for the Benghazi attack was because of these targeted killings. There was one assassination in particular, probably in the first week of September, in which a CIA asset was killed. Imagine the perspective of a Libyan militia '' they felt that they were helping out the Americans by talking to the CIA. Then the U.S. military has their guy killed. In response, they launch an assault on the State Department compound which was successful far beyond their hopes because of grossly inadequate security. Emboldened by their success, they rally and bring the fight to the CIA compound, kill two more Americans and critically wound two more agents (one CIA, and one State).
  Worse still, is the fact that one of the five principle suspects that the FBI has identified was someone with whom the U.S. government had an interesting quid pro quo relationship. The White House has no desire to bring these suspects to justice. They prefer them dead via drone strike or JSOC hit squad. If the FBI were to capture the Benghazi suspects it would put the White House in a bad situation. These suspects would be sure to talk about their past relationships with clandestine U.S. groups like the CIA, and in a legal setting this would have Washington pundits squirming in their seats. These are dead men walking for the same reasons UBL was certain to be killed, not captured, in Pakistan.
  Ambassador Stevens knew full well how dangerous Benghazi was, but he never could have seen the retaliation coming in response to Special Operations strikes that he was unaware of in such a short time on the ground. Think this sort of thing doesn't happen? The Department of Defense no longer has to notify the CIA or State Department about many of its activities.
  The world is a dangerous place, but thankfully it's filled with great people like Stevens, Sean Smith, Glen Doherty, Ty Woods, and the other Americans who helped that day. They were willing to go into harm's way and face great danger in order to make a difference for the Free World.
  Benghazi is important because it highlights a failed U.S. Foreign Policy strategy, and the failed practice of Limited War. You only have to look to Afghanistan and Somalia to ground this statement.
  The obsession with 'limited war' began during the Cold War. The fear of nuclear annihilation (often overstated for propaganda purposes) led to a series of proxy wars across Africa, South America and Southeast Asia in lieu of a direct confrontation with the Communist Bloc. Due to the fears of those in power, and the even less informed fears of many of their constituents, the goals of war, most evidently in Vietnam, began to change from victory to'... something else. Murky, limited, and ultimately indecisive objectives have been cited, ultimately boiling down to a stalemate at best, defeat at worst.
  Commanders are not making battlefield decisions based on combat necessity; they are making them based on the instructions of lawyers who endeavor to make war more 'humane.'
  War is, by its very nature, inhumane. War is violence, death and horror. It is serious business. Unfortunately, we have not engaged in it seriously for a very long time, and the costs of that fact have been largely glossed over.
  '' from The Cost of Limited War, by Peter Nealen, former USMC Force Recon, and a contributing editor for SOFREP
  If our strategies in foreign policy and warfare were effective, the Middle East, North Africa, and the rest of the world would be a more stable and safer place since the September 11th, 2001 attacks. We would also be making more friends than enemies.
  It's time for new leadership at the Department of State, and in Washington. We need new leaders with integrity, leaders who are not afraid to admit their mistakes, leaders who will hold themselves and their subordinates accountable.
  For now, all we are left with are the haunting words of a former U.S. Ambassador.
  ''Never ending security threats'...''
  To read more about the cover up within the State Department, and to view the September 6th entry, visit our story on Maxim.com.
BBC News - US bloggers banned from entering UK
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  Wed, 26 Jun 2013 16:17
  26 June 2013Last updated at12:00 ETTwo prominent US bloggers have been banned from entering the UK, the Home Office has said.
  Pamela Geller and Robert Spencer co-founded anti-Muslim group Stop Islamization of America.
  They were due to speak at an English Defence League march in Woolwich, where Drummer Lee Rigby was killed.
  A government spokesman said individuals whose presence "is not conducive to the public good" could be excluded by the home secretary.
  He added: "We condemn all those whose behaviours and views run counter to our shared values and will not stand for extremism in any form."
  'Right decision'Ms Geller, of the Atlas Shrugs blog, and Mr Spencer, of Jihad Watch, are also co-founders of the American Freedom Defense Initiative, best known for a pro-Israel "Defeat Jihad" poster campaign on the New York subway.
  On both of their blogs the pair called their bans from entering the UK "a striking blow against freedom" and said the "the nation that gave the world the Magna Carta is dead".
  They were due to attend a march planned by the far-right EDL to mark Armed Forces Day on 29 June, ending in Woolwich, south east London, where soldier Drummer Rigby was murdered last month.
  Keith Vaz, chairman of the Home Affairs Select Committee, who had called for the bloggers to be banned from the UK, said: "I welcome the home secretary's ban on Pamela Geller and Robert Spencer from entering the country. This is the right decision. The UK should never become a stage for inflammatory speakers who promote hate."
  EDL leader Tommy Robinson, meanwhile, criticised the decision and said Ms Geller and Mr Spencer were coming to the UK to lay flowers at the place where Drummer Rigby died.
  "It's embarrassing for this so-called land of democracy and freedom of speech," he said.
  "How many hate preachers are living in this country? It just shows what sort of a two-tier system we have here."
  Anti-fascism campaigners Hope Not Hate had campaigned for the pair to not be allowed into the UK.
  A researcher with the organisation, Matthew Collins, said it was "delighted" with the decision.
  "These two are among some of the most extreme anti-Muslim activists in the world. They've nothing to contribute to life in this country.
  "They're not here to contribute to good community relations. They only wanted to come here and help the EDL stir up more trouble. Britain doesn't need more hate even just for a few days."
VIDEO-Marissa Mayer misses a chance to shame a 'dirty old man' | Technically Incorrect - CNET News
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  Wed, 26 Jun 2013 16:16
  During the Yahoo shareholders meeting Tuesday, someone identifying himself as a "dirty old man" decides to tell CEO Marissa Mayer how attractive she is.
  I would have been tempted to step down from the stage, cock my fist, and swing it while saying: "Lean into this, George."
  And yet not being Yahoo CEO Marissa Mayer, I was unable to perform this task at Tuesday's shareholders meeting.
  Sadly, Mayer decided to put up with an alleged shareholder taking the microphone and offering: "I'm George Polis. I have 2,000 shares of Yahoo. I'm Greek, and I'm a dirty old man, and you look attractive, Marissa."
  More Technically IncorrectPerhaps this man thought he was being funny.
  More likely, he really is a dirty old man, whose drinking buddies slapped his back after the meeting and said: "Way to go, George. I think you gotta chance there."
  Mayer didn't bother to answer his charming pick-up line.
  But perhaps the saddest part was that the other attendees either sat in silence or laughed in a vaguely embarrassed fashion.
  No one seemed to turn to Polis, shake him by his dirty-old-man lapels and suggest he return to the 19th century, where a horse and cart were waiting to take him away.
  Though one can imagine why Mayer stayed silent, it's a pity she didn't at least speak up and suggest that the world was changing a little and that perhaps neanderthal investors (and others in tech) need to understand that.
  It still would have been even better to see her come off the stage, slap him, and tell him that was the only dividend he would ever get from Yahoo.
Baltasar Garz"n announced that assumes the defense of Snowden
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  Wed, 26 Jun 2013 16:11
  En un comunicado remitido a los medios de comunicaci"n, Garz"n asegur" que continuar con la representaci"n del fundador de Wikileaks, Julian Assange, "en la defensa del derecho fundamental a la libertad de informaci"n y de expresi"n".
  El exjuez, que firma el mensaje como director del despacho ILOCAD SL, expres" su "satisfacci"n" por la reciente aprobaci"n del proyecto de resoluci"n de la Comisi"n de Asuntos Jur­dicos y Derechos Humanos de la Asamblea Parlamentaria del Consejo de Europa "que considera que aquellos que denuncian hechos delictivos en beneficio del inter(C)s general deben ser protegidos de las represalias de aquellos que los cometen".
  El exanalista de la CIA Edward Snowden est en la zona de trnsito del aeropuerto moscovita de Sherem(C)tyevo sin poder comprar un billete para abandonar Rusia porque su pasaporte estadounidense est anulado, dijo una fuente del entorno del fugitivo a la agencia rusa Interfax.
  Assange dijo el lunes que Snowden ha recibido un documento de refugiado del Gobierno de Ecuador para poder viajar dado que EEUU hab­a revocado su pasaporte.
  El pasado domingo Garz"n se desmarc" de WikiLeaks, que hab­a anunciado a trav(C)s de su pgina web que se har­a cargo de la defensa de Snowden.
  En concreto, ese d­a Garz"n asegur" que "no defender ni asesorar" por el momento al exagente y hoy confirm" que no llevar su caso.
  Fuente: EFE
Trevor FitzGibbon : Fitzgibbon Media
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  Wed, 26 Jun 2013 15:52
  Trevor FitzGibbon : Fitzgibbon MediaTrevor FitzGibbon : Fitzgibbon MediaEXPERIENCED, PASSIONATE, AND BEST OF ALL FEARLESS
  Trevor started FitzGibbon Media to provide domestic and global public relations strategy around cutting edge political, human rights and environmental campaigns. Through the years he has worked for a who's who in the progressive movement '-- from MoveOn to Amnesty International to Global Zero to Change.org.
  He helped to blow up the inhumane conditions and solitary confinement that alleged Wikileaks source, Private Bradley Manning, was forced to endure '-- the international media frenzy helped to trigger Manning's transfer from Quantico to Leavenworth Military base where he was no longer held in solitary confinement. He helped organize and place a group of active duty American officers and soldiers, stationed in Iraq, in their effort to publicly speak out and call for an end to the war.
  Currently FitzGibbon is helping to lead the PR effort for a variety of campaigns including Mayors Against Illegal Guns in support of gun control measures after the Sandy Hook massacre, immigration reform and the path towards citizenship, running a hard-hitting campaign to address Climate Change, and supporting journalist Jeremy Scahill's new film, Dirty Wars that shines a spotlight on the Obama administration's targeted assassinations and drone program.
  FitzGibbon has placed clients in front of a wide range of audiences on shows including ''60 Minutes,'' ''Meet the Press,'' and ''The Daily Show''.
  Whether it's handling the political media relations for Trent Reznor, Pearl Jam and R.E.M in the effort to close Guantanamo and speak out against torture or orchestrating the international media strategy to eliminate nuclear weapons, FitzGibbon has effectively injected clients into the international news cycle time and time again.
  a selection of trevor's favorite songs
  FitzGibbon Media makes an impact in the US and abroad every day. Our expertise and aggressive strategies ensure our clients' actions, messages, campaigns and spokespersons break out, break through and get noticed. Our work is second to none.
  (C) 2013 Fitzgibbon Media Website by Kaptiv8 Marketing.
Clients : Fitzgibbon Media
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  Wed, 26 Jun 2013 15:49
  FitzGibbon Media makes an impact in the US and abroad every day. Our expertise and aggressive strategies ensure our clients' actions, messages, campaigns and spokespersons break out, break through and get noticed. Our work is second to none.
  more about us
Exposing Backpage.com : Fitzgibbon Media
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  ''Their edgy campaign strategy created such a strong public backlash that Village Voice Media split from Backpage.com, and it helped fuel President Obama's unprecedented human trafficking initiative. FitzGibbon Media's team went well above beyond what was expected of them and truly became a leader in the campaign's efforts.''
  - Andrea PowellExecutive Director
  problemBackpage.com is a general classifieds website, which until recently was owned by Village Voice Media, publisher of 13 alternative weeklies around the country, including The Village Voice in New York City. In addition to hosting ads of apartments for rent and toasters for sale, Backpage.com hosts an ''adult'' section where ads of children for sex have appeared. Since 2010 '' when Craigslist.com took down the ''adult services'' section of its site, which sometimes also featured sex ads of minors '' Backpage.com has served as the leading U.S. site for prostitution advertising, dominating 80% of the market and generating an estimated annual revenue of over $25 million from just its ''adult'' ads.
  objectiveFitzGibbon Media's mission was to design and execute a cutting-edge, multi-dimensional campaign to pressure Village Voice Media to shut down Backpage.com's adult section. That was the narrow objective, but the larger objective was to curb child trafficking and exploitation in the U.S.
  When Craigslist exited the adult services business, a number of its adult ads migrated to other sites such as Backpage.com, but the section's closure also precipitated a 48 percent drop in the overall volume of prostitution ads online. A similar result was sought with the campaign against Backpage.com.
  strategyJust as FitzGibbon Media started its work on this project, a scathing letter to Backpage.com urging the company to shut down the adult section of its site had been sent by 46 of the nation's attorneys general. The letter was significant, but without the support of a coordinated campaign to drive media attention to and build on the effort, its impact was weak.
  FitzGibbon Media changed this. We devised a multi-pronged campaign strategy, which included earned and paid media, a targeted ad sanctions plan, and the involvement of political and cultural figures alike. We established a war room through which we ran our operations '' compiling research, organizing field plans, monitoring the media in real time, and performing rapid response, acting swiftly and nimbly to pull in key players and organizations from our coalition and deploying targeted actions at critical moments.
  Integral to the campaign's success was the coalition we built '' a diverse and robust group of actors from around the country, ranging from national clergy to leading nonprofits to elected officials to notable musicians.
  accomplishmentsVillage Voice Media was not a household name when FitzGibbon Media began its work, but through the actions of our campaign we made it one, branding it as a disgraceful company that profited off the backs of trafficked children. We accomplished this using various tactics, including:
  Launching an advertiser campaign against Village Voice Media in which we urged national and local brands to pull their advertisements from all of Village Voice Media's publications. Our efforts led to blue-chip companies such as Pfizer, American Airlines, AT&T, MillerCoors, and Starbucks cutting ties with Village Voice Media;Organizing a rally and press event in front of the New York City office of The Village Voice, Village Voice Media's flagship publication. At the rally '' in which clergy, the son of The Village Voice's co- founder, New York City Council members, nonprofit organizations and activists participated '' we delivered a Change.org petition, which had collected over a quarter of a million signatures by citizens demanding Village Voice Media shut down Backpage.com's adult section;Implementing a paid media plan through which we (1) placed a full-page ad in The New York Times, that featured an open letter to Village Voice Media by 36 multifaith religious leaders; (2) created an edgy TV ad that aired on MSNBC, FOX News and other outlets and that generated tens of thousands of views online; and (3) placed a full-page ad adjacent to a profile of Michelle Obama in National Journal's ''Top 25 Influential Women in DC'' issue as well as in National JournalDaily;Recruiting over a dozen of the world's top musicians, including R.E.M, The Roots, The Civil Wars, Dead Confederate, members of the band Pearl Jam, and singers Alicia Keys, Daniel Bedingfield, Rosanne Cash, and Talib Kweli, to join the campaign. These artists promoted the cause through social media '' on their websites, Facebook pages, and Twitter accounts '' and were featured in various media pieces from CNN's ''Showbiz Tonight'' to Rolling Stone.
VIDEO-President John F Kennedy Secret Society Speech version 2 - YouTube
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  Wed, 26 Jun 2013 15:44
Marc Rich, Pardoned Financier, Dies at 78 - NYTimes.com
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  Wed, 26 Jun 2013 14:51
  Marc Rich, the former fugitive oil trader and founder of the commodities trading giant Glencore International, died on Wednesday in Lucerne, Switzerland. He was 78.
  The cause was a brain stroke at a hospital, according to a statement from his spokesman.
  Mr. Rich courted controversy throughout his colorful career, and was indicted by the United States in the early 1980s on charges of tax evasion and illegally trading with Iran.
  After being one of the country's most famous fugitives for the next two decades, Mr. Rich eventually received a pardon from President Bill Clinton on his last day in office in early 2001.
  The pardon brought the oil trader back into the headlines after it was revealed that Mr. Rich's former wife, Denise Eisenberg, had given donations to the Democratic Party in 2000, according to official records.
  Despite his notoriety, Mr. Rich, whose net worth was estimated at $2.5 billion, continued to work in the commodities industry, and founded Marc Rich & Company, the precursor of Glencore International, the commodities trader, which he later sold to the company's management team in 1993.
  Mr. Rich was born in Antwerp, Belgium, but moved to New York with his family to escape the rise of the Nazis in Germany.
  He began his career as a metals trader in the early 1970s, and gained prominence during the 1973-4 oil crisis when he circumvented the Arab oil embargo to sell oil to American companies in desperate need of supplies at increasingly high prices.
  He continued to buy oil from Iran after the country's 1979 Islamic revolution despite American sanctions against the country, and remained unapologetic about his activities.
  ''They respected the contracts,'' Mr. Rich told Daniel Ammann, a Swiss journalist, in 2009, in reference to Iran's national oil company. ''We performed a service for them. We bought the oil, we handled the transport and we sold it. They couldn't do it themselves, so we were able to do it.''
  His clients also included the apartheid regime of South Africa and the Sandinista government in Nicaragua.
  From 1973, Mr. Rich was similarly one of Israel's most important oil suppliers for more than 20 years, and he held Israeli, Spanish and Belgian citizenship by the end of his life.
  In 1983, he fled from the United States to Switzerland after he was indicted on charges of fraud, trading with Iran and evading almost $50 million in taxes. All told, the offenses would have led to more than 300 years in prison.
  Over the years, Mr. Rich claimed that American authorities had attempted several times to bring him to justice, including a plan, which was never carried out, to use a helicopter in Switzerland to capture him, according to a booked published by Mr. Ammann in 2009.
  After leaving the United States and renouncing his citizenship, Mr. Rich sold many of his domestic business interests, including 20th Century Fox to Rupert Murdoch for $250 million in 1984.
  Glencore, the commodities company he founded, recently acquired the mining company Xstrata for around $30 billion, and has become a global giant in a number of commodities, including oil, iron ore and coal.
  ''We are saddened to hear of the death of Marc. He was a friend and one of the great pioneers of the commodities trading industry,'' Glencore-Xstrata's current chief executive, Ivan Glasenberg, said in a statement. ''Our deepest sympathies and condolences are with his family at this time.''
  He is expected to be buried in Israel on Thursday. He is survived by two daughters, Ilona Schacter-Rich and Danielle Kilstock Rich.
News - South African groups trying to obtain arrest warrants for Obama
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  Wed, 26 Jun 2013 14:41
  Two South African groups were trying to obtain arrest warrants on Wednesday for United States President Barack Obama, who will visit the country later this week.
  Mohamed Hussain Vawda, of the Society for the Protection of our Constitution, said he had brought charges against Obama "of war crimes and crimes against humanity".
  Meanwhile, the Muslim Lawyers' Association (MLA) made an urgent application to the High Court in Pretoria on Wednesday for Obama's arrest, but the application was dismissed.
  Vawda said his organisation had taken a different route to that of the MLA.
  "There are so many groups of people opposing this visit... and the conduct of Mr Obama," he said.
  In an affidavit stamped by the Barberton police, Vawda claimed Obama was directly and indirectly responsible for killing and injuring more than 3000 people, including women and 176 children, in countries which "have been no threat to the US", such as Pakistan and Syria.
  He accused Obama of ordering or sanctioning the use of unmanned aerial drones to kill people the US government considered a threat to the country's safety.
  "These attacks are not authorised in terms of orders issued in a court of law."
  Vawda said the victims were killed on the basis of "mere accusations levelled against them".
  "There is no judicial oversight to determine if these persons are indeed guilty of any alleged crimes. They are deprived of a hearing. There is no accountability at all, just simple brazen murder."
  Vawda claimed the targets were mainly followers of the Islamic faith, and said this amounted to genocide.
  "The urgency of this matter must be dealt with seriously," he said.
  He said his attorney was due to meet the National Prosecuting Authority (NPA) on Wednesday to take the case further.
  NPA spokeswoman Bulelwa Makeke said she was not aware of Vawda's affidavit or case.
  "He has not met anyone at the NPA. We don't know about this case, we have no awareness of this".
  Eyewitness News reported that, in dismissing the Muslim Lawyers' Association's (MLA) application, the High Court in Pretoria found that the case was not urgent, but did not rule on its merits.
  Obama arrives in South Africa on Friday as part of a three-state Africa tour.
  "We're very disappointed in the decision, and be that as it may, we remain hopeful that on review, we'll be successful," MLA spokesman Yousha Tayob told the broadcaster.
  A campaign to arrest Obama for "crimes against humanity" was conducted in Ireland ahead of his visit there in May, according to the #Arrest Obama#May 22 website.
  Former British prime minister Tony Blair is also the subject of an arrest campaign.
  A website is offering a reward to anyone who attempts a peaceful citizen's arrest of Blair for "crimes against peace", and said it wanted to show him, among others, that "despite his requests for people to 'move on' from Iraq, the mass murder he committed will not be forgotten".
  The Society for the Protection of our Constitution also sought an arrest warrant for Blair when he visited South Africa in 2012.
  In November 2011, the Kuala Lumpur War Crimes Tribunal found Blair and former US president George W Bush guilty in absentia of crimes against humanity and genocide for their roles in the Iraq War.
  The court acknowledged that the verdict was non-enforceable, but the findings were reported to the International Criminal Court in The Hague.
  At the time The Daily Maverick reported that the official UK government inquiry into the Iraq War, the Chilcot Inquiry, was set to release a report late this year.
NEWS & ANALYSIS | InformationWeek Mobile Edition
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  Wed, 26 Jun 2013 14:14
  Posted on Friday Jun 21st at 3:00pm
  Bad news for fans of anonymizing Tor networks, PGP and other encryption services: If you're attempting to avoid the National Security Agency's digital dragnet, you may be making yourself a target, as well as legally allowing the agency to retain your communications indefinitely -- and even use them to test the latest code-breaking tools.Those revelations come via leaked documents that detail the operating guidelines for secret NSA surveillance programs authorized by Congress in 2008. Those documents include a one-page memorandum from a U.S. Foreign Intelligence Surveillance Court (FISA) judge, saying that the guidelines don't violate Fourth Amendment protections against unreasonable searches.
  Another one of the leaked documents, first published Thursday by the Guardian, was signed by U.S. Attorney General Eric Holder on July 28, 2009 and submitted to FISA. Titled "Procedures used by NSA to minimize data collection from US persons," it details the steps that the agency's analysts are required to follow when collecting and analyzing data intercepted by the agency's surveillance programs.
  Subsequently, the The Washington Post published those documents, plus two more, including the judge's secret memorandum.
  [ How vulnerable is your enterprise's data? See NSA Dragnet Debacle: What It Means To IT. ]
  Based on the documents, the good news is that the NSA guidelines include substantial restrictions on how agency analysts are allowed to review information relating to Americans, unless they first obtain a warrant. In general, the guidelines require strict "minimization" techniques to ensure that analysts don't collect or analyze Americans' communications, and they require analysts to delete any information that's been improperly collected -- albeit with some intelligence and law enforcement exceptions. The NSA also maintains records of Americans' names, telephone numbers and electronic communications addresses, but it uses this list to help ensure it doesn't target any of those people's communications.
  "Assuming that the documents are genuine, they are broadly reassuring," said Stewart A. Baker, an attorney at Steptoe & Johnson LLP who recently served as first assistant secretary for policy for the Department of Homeland Security, in a blog post. "There are elaborate sections on making sure that attorney-client communications aren't retained, that inadvertent collections of Americans are destroyed as soon as possible, etc., etc."
  When encryption is encountered, however, the gloves can come off, with analysts being allowed to retain "communications that are enciphered or reasonably believed to contain secret meaning" for any period of time. The guidelines allow this retention to occur not just for recovering the source communications but for any cryptanalysis use, suggesting that the NSA could retain encrypted communications to use as target practice for future code-breaking techniques.
  Furthermore, as noted by Ars Technica, encryption may mask not only a person's identity, but also their physical location. Since the NSA guidelines say that a person "will not be treated as a United States person" without a positive identification based on name, address, electronic communication addresses or geographic location, encryption users may because classified -- at least temporarily -- as non-U.S. residents by NSA analysts.
  In the event of an emergency, meanwhile, NSA analysts are allowed to throw the guidelines out the window. "If NSA determines that it must take action in apparent departure from these minimization procedures to protect against an immediate threat to human life force protection or hostage situations and that it is not feasible to obtain a timely modification of these procedures, NSA may take such action," according to the guidelines. That said, NSA is then required to report its actions to the Office of the Director of National Intelligence as well and to the Department of Justice, which is then charged with notifying FISA.
  In general, the guidelines say that NSA analysts may retain, for six months, communications that don't contain "foreign intelligence information" but that are "reasonably believed to contain evidence of a crime that has been, is being, or is about to be committed," and they may share that information with the FBI. "There's a lot of leeway to use 'inadvertently' acquired domestic communications," Gregory Nojeim, senior counsel for the Center for Democracy and Technology, told The Washington Post.
  Any information the NSA turns up on information security vulnerabilities -- such as zero-day exploits -- are also fair game, as the guidelines allow the agency to share the information with the FBI and other government agencies as it sees fit, and to retain those communications indefinitely.
  How likely is it that the NSA might stumble upon evidence of a crime or act on it? That's unclear, although the scale of the NSA's surveillance operations is staggering. According to documents published last week by the Guardian, the NSA gleaned 3 billion pieces of intelligence from U.S. communications networks just in March 2013. That follows a Washington Post report in 2010 that said "every day, collection systems at the [NSA] intercept and store 1.7 billion e-mails, phone calls and other types of communications."
  To address criticism that the NSA program is overbroad or operating on shaky legal footing, President Obama planned to meet Friday with the Privacy and Civil Liberties Oversight Board (PCLOB), a five-person independent agency that's charged with reviewing how the government balances surveillance requirements with people's civil liberties and right to privacy, reported Reuters. The board has been largely inactive since 2008, which is the year when Congress authorized the most recent secret NSA surveillance programs.
  OCLOB chairman David Medine told Reuters that the board plans to hold a public hearing in July to solicit input from legal scholars and civil rights advocates on the NSA's surveillance programs. "Based on what we've learned so far, the board believes further questions are warranted," he said.
  At Obama's direction, homeland security adviser Lisa Monaco asked the director of national intelligence Thursday to review information relating to FISA court opinions and see what additional information could be declassified and released to the public.
  That initiative "builds on the administration's ongoing effort to declassify a significant amount of information regarding these programs," according to a White House statement. "The president's direction is that as much information as possible be made public while being mindful of the need to protect sources and methods and national security."
  But Snowden's leaked documents -- of which there are reported to be at least dozens of interest -- appear to be detailing the previously withheld legal justifications for the NSA's monitoring programs faster.
Taliban militants Infiltrate Presidential Palace In Kabul Attack - NowThis News
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  Wed, 26 Jun 2013 14:03
  Four Taliban insurgents invaded the Presidential Palace on Tuesday morning using false badges and paperwork to get past two checkpoints at one of the most heavily-guarded areas in the city. The attack killed at least three and proved the terrorist group's ability to penetrate even fortified areas. Afghan President Hamid Karzai was reportedly within the palace walls at the time but not the target of the militants who were stopped in Ariana Square. The attack is thought to have been charged toward the CIA station in a nearby hotel.
  Karzai had been expected to speak to a group of journalists that day about the efforts to arrange peace talks between the Afghan government, the U.S. and the Taliban. The Taliban has said they are open to peace discussions but will not agree to any ceasefire in advance. American officials were set to begin peace talks at the Taliban's new office in Doha, Qatar.
Deelraad Amsterdam herdenkt per abuis Mandela | Opmerkelijk | NU.nl - Voor het laatste nieuws
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  Wed, 26 Jun 2013 13:53
  Tijdens de deelraadsvergadering van het Amsterdamse stadsdeel Zuidoost werd dinsdagavond per abuis een minuut stilte gehouden wegens het "overlijden" van Nelson Mandela.
  Dat meldt het Parool.
  Tijdens de schorsing van de vergadering kreeg de griffier Sjam Jokhan te horen dat de voormalig Zuid-Afrikaanse president zou zijn overleden. Hierop besloot de voorzitter om een minuut stilte te houden.
  Na de vergadering rezen er verschillende twijfels over het bericht. "Ik heb geprobeerd dat bericht te verifiren. Ik vond tientallen Twitterberichten die het nieuws leken te bevestigen, inclusief uitdrukkingen als 'breaking news' en 'it's official'," aldus Jokhan.
  Jokhan heeft er wel van geleerd. "Het blijkt maar weer hoe voorzichtig je moet zijn met berichten op internet. We dachten er goed aan te doen meteen iets te doen met het nieuws, maar we waren te vroeg."
  Bekijk beelden van de minuut stilte in de deelraad:
  Door: NU.nl/ Wilma Haan
‰riu - Wikipedia, the free encyclopedia
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  Wed, 26 Jun 2013 13:50
  In Irish mythology, ‰riu (Irish pronunciation: [ËeËrÊ²u]; modern Irish ‰ire), also called Eri,[1] daughter of Ernmas of the Tuatha D(C) Danann, was the eponymous matron goddess of Ireland.
  The English name for Ireland comes from the name ‰riu and the Germanic (Old Norse or Old English) word land.
  The fact that ‰riu is represented as goddess of Ireland, she is often interpreted as a modern day personification of Ireland, although since the name "‰riu" is the older Irish form of the word Ireland, her modern name is often modified to "‰ire" or "Erin" to suit a modern form.
  Role and mythic portrayal[edit]With her sisters, Banba and F"dla, she was part of an important triumvirate of goddesses. When the Milesians arrived from Galicia each of the three sisters asked that her name be given to the country. This was granted to them, although ‰riu (‰ire) became the chief name in use (Banba and F"dla are still sometimes used as poetic names for Ireland, much as Albion is for Great Britain).
  ‰riu, Banba and F"dla are interpreted as goddesses of sovereignty.[2]
  According to Seathrºn C(C)itinn the three goddesses of ‰ire, Banbha and F"dla were Badhbh, Macha and M"irr­oghan (respectively?).[3] Like ‰riu, Badhbh is also sometimes named as a daughter of Ernmas; the two goddesses may possibly therefore be seen as equivalent.[citation needed]
  Different texts have attributed different personal relationships to ‰riu. Her husband has been named as Mac Gr(C)ine ('Son of the Sun').[4][5] She has also been portrayed as the lover of Elatha, a prince of the Fomorians, with whom she had a son Bres,[5][1] and as the mistress of the hero Lugh.[5]
  Name and etymology[edit]The University of Wales' reconstructed Proto-Celtic lexicon gives *Î...Äwerjon- (nominative singular Î...ÄwerjÅ) as the Proto-Celtic etymology of this name.[6] This Celtic form implies Proto-Indo-European*piHwerjon-, likely related to the adjectival stem *piHwer- "fat" (cf. SanskritpÄvan, f. pÄvarÄ and by-form pÄvara, "fat, full, abounding") hence meaning "fat land" or "land of abundance", applied at an early date to the island of Ireland. The Proto-Celtic form became *ÄweriÅ[7] in Q-Celtic (Proto-Goidelic). From a similar or somewhat later form were also borrowed Greek á¼¸Î­ÏÎ½Î·I[w]ernÄ' and á¼¸ÎÏ…ÎµÏÎ½Î¯Î±Iouernia; the latter form was converted into LatinHibernia.
  References[edit]Notes^ abLady Gregory (2004) [1905]. "The Reign of Bres". Gods and Fighting Men. Project Gutenberg. ^Astro-Theology and Sidereal Mythology^Seathrºn C(C)itinn, Foras Feasa ar ‰rinn. CELT online translation.^Lebor Gabla ‰renn. Online translation at www.ancienttexts.org^ abcMonaghan 2009, p. 160^Proto-Celtic'--English lexicon (archive)^Mallory, J.P. and D.Q. Adams, ed. Encyclopedia of Indo-European Culture. London: Fitzroy Dearborn Pub., 1997, p. 194Works citedBibliography[edit]Boydell, Barra. "The female harp: The Irish harp in 18th- and early''19th-century Romantic nationalism", RIdIM/RCMI newsletter XX/1 (spring 1995), 10''17.
VIDEO-Social Media Post May Have Sparked Mall Melee CBS Miami
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  Wed, 26 Jun 2013 13:28
  Lauderhill Police responded to the Lauderhill Mall after more than 100 students reportedly congregated and a fight broke out. (CBS4)
  LAUDERHILL (CBS4) '' Call it the brawl at the mall. Police believe a posting on a social media website drew at least 200 teenagers to the Lauderhill Mall around 3:30 p.m. Tuesday to participate in a melee.
  ''It was just a whole big ol' chaos right here in the Lauderhill Mall,'' said Rodney Jones, who cuts hair at the mall and witnessed the incident.
  In cellphone video obtained by CBS 4 News, you can see a group of teens gathering near the mall entrance.
  As the crowd pushed inside, someone used a large traffic cone to hit someone.
  Inside the mall teens squared off to fight while a security officer walked by.
  The video shows teens running and screaming through the mall.
  By the end of the video at least one person appeared to be placed in handcuffs but police say no one was actually arrested.
  Witnesses say they'd never seen anything like it.
  ''People was getting hit by cones,'' said Frank Francis. ''Like fighting, like a brawl.''
EconomicPolicyJournal.com: Major Counter-Terrorism Expert: Hasting's Car Crash ''Consistent with a Car Cyber Attack.''
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  Wed, 26 Jun 2013 13:05
  Counter-terrorism expert Richard Clarke has told HuffPo that the circumstances of Michael Hasting's car crash were ''consistent with a car cyber attack.''While hastening to add that he was not saying the crash was a purposeful attack, Clarke stated that'''There is reason to believe that intelligence agencies for major powers''' '-- including the United States '-- know how to remotely seize control of a car.Clarke served during both Bush presidencies and under Bill Clinton.
  Just what is a ''car cyber attack''?
  Salon explains:
  The answer can be found in two alarming papers by researchers at the University of Washington and the University of California, San Diego, ''Experimental Security Analysis of a Modern Vehicle,'' and Comprehensive Experimental Analyses of Automotive Attack Surfaces.
  Taken together, the papers make for scary reading. In the first the researchers demonstrate that it is a relatively trivial exercise to access the computer systems of a modern car and take control away from the driver. The second demonstrates that such mayhem can be achieved remotely, via a variety of methods. The inescapable conclusion: The modern car is a security disaster.
Computer Viruses Are "Rampant" on Medical Devices in Hospitals | MIT Technology Review
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  Wed, 26 Jun 2013 12:45
  A meeting of government officials reveals that medical equipment is becoming riddled with malware.
  Health scare: Much hospital equipment uses software that can be vulnerable to viruses.
  Computerized hospital equipment is increasingly vulnerable to malware infections, according to participants in a recent government panel. These infections can clog patient-monitoring equipment and other software systems, at times rendering the devices temporarily inoperable.
  While no injuries have been reported, the malware problem at hospitals is clearly rising nationwide, says Kevin Fu, a leading expert on medical-device security and a computer scientist at the University of Michigan and the University of Massachusetts, Amherst, who took part in the panel discussion.
  Software-controlled medical equipment has become increasingly interconnected in recent years, and many systems run on variants of Windows, a common target for hackers elsewhere. The devices are usually connected to an internal network that is itself connected to the Internet, and they are also vulnerable to infections from laptops or other device brought into hospitals. The problem is exacerbated by the fact that manufacturers often will not allow their equipment to be modified, even to add security features.
  In a typical example, at Beth Israel Deaconess Medical Center in Boston, 664 pieces of medical equipment are running on older Windows operating systems that manufactures will not modify or allow the hospital to change'--even to add antivirus software'--because of disagreements over whether modifications could run afoul of U.S. Food and Drug Administration regulatory reviews, Fu says.
  As a result, these computers are frequently infected with malware, and one or two have to be taken offline each week for cleaning, says Mark Olson, chief information security officer at Beth Israel.
  ''I find this mind-boggling,'' Fu says. ''Conventional malware is rampant in hospitals because of medical devices using unpatched operating systems. There's little recourse for hospitals when a manufacturer refuses to allow OS updates or security patches.''
  The worries over possible consequences for patients were described last Thursday at a meeting of a medical-device panel at the National Institute of Standards and Technology Information Security & Privacy Advisory Board, of which Fu is a member, in Washington, D.C. At the meeting, Olson described how malware at one point slowed down fetal monitors used on women with high-risk pregnancies being treated in intensive-care wards.
  ''It's not unusual for those devices, for reasons we don't fully understand, to become compromised to the point where they can't record and track the data,'' Olson said during the meeting, referring to high-risk pregnancy monitors. ''Fortunately, we have a fallback model because they are high-risk [patients]. They are in an IC unit'--there's someone physically there to watch. But if they are stepping away to another patient, there is a window of time for things to go in the wrong direction.''
  The computer systems at fault in the monitors were replaced several months ago by the manufacturer, Philips; the new systems, based on Windows XP, have better protections and the problem has been solved, Olson said in a subsequent interview.
  At the meeting, Olson also said similar problems threatened a wide variety of devices, ranging from compounders, which prepare intravenous drugs and intravenous nutrition, to picture-archiving systems associated with diagnostic equipment, including massive $500,000 magnetic resonance imaging devices.
  Olson told the panel that infections have stricken many kinds of equipment, raising fears that someday a patient could be harmed. ''We also worry about situations where blood gas analyzers, compounders, radiology equipment, nuclear-medical delivery systems, could become compromised to where they can't be used, or they become compromised to the point where their values are adjusted without the software knowing,'' he said. He explained that when a machine becomes clogged with malware, it could in theory ''miss a couple of readings off of a sensor [and] erroneously report a value, which now can cause harm.''
  Often the malware is associated with botnets, Olson said, and once it lodges inside a computer, it attempts to contact command-and-control servers for instructions. Botnets, or collections of compromised computers, commonly send spam but can also wage attacks on other computer systems or do other tasks assigned by the organizations that control them (see ''Moore's Outlaws'').
  In September, the Government Accountability Office issued a report warning that computerized medical devices could be vulnerable to hacking, posing a safety threat, and asked the FDA to address the issue. The GAO report focused mostly on the threat to two kinds of wireless implanted devices: implanted defibrillators and insulin pumps. The vulnerability of these devices has received widespread press attention (see ''Personal Security'' and ''Keeping Pacemakers Safe from Hackers''), but no actual attacks on them have been reported.
  Fu, who is a leader in researching the risks described in the GAO report, said those two classes of device are ''a drop in the bucket'': thousands of other network-connected devices used for patient care are also vulnerable to infection. ''These are life-saving devices. Patients are overwhelmingly safer with them than without them. But cracks are showing,'' he said. (Fu was Technology Review'sInnovator of the Year in 2009.)
  Malware problems on hospital devices are rarely reported to state or federal regulators, both Olson and Fu said. This is partly because hospitals believe they have little recourse. Despite FDA guidance issued in 2009 to hospitals and manufacturers'--encouraging them to work together and stressing that eliminating security risks does not always require regulatory review'--many manufacturers interpret the fine print in other ways and don't offer updates, Fu says. And such reporting is not required unless a patient is harmed. ''Maybe that's a failing on our part, that we aren't trying to raise the visibility of the threat,'' Olson said. ''But I think we all feel the threat gets higher and higher.''
  Speaking at the meeting, Brian Fitzgerald, an FDA deputy director, said that in visiting hospitals around the nation, he has found Beth Israel's problems to be widely shared. ''This is a very common profile,'' he said. The FDA is now reviewing its regulatory stance on software, Fitzgerald told the panel. ''This will have to be a gradual process, because it involves changing the culture, changing the technology, bringing in new staff, and making a systematic approach to this,'' he said.
  In an interview Monday, Tam Woodrum, a software executive at the device maker GE Healthcare, said manufacturers are in a tough spot, and the problems are amplified as hospitals expect more and more interconnectedness. He added that despite the FDA's 2009 guidance, regulations make system changes difficult to accomplish: ''In order to go back and update the OS, with updated software to run on the next version, it's an onerous regulatory process.''
  Olson said that in his experience, GE Healthcare does offer software patches and guidance on keeping devices secure, but that not all manufacturers have the same posture. He added that the least-protected devices have been placed behind firewalls. But to do that with all a hospital's software-controlled equipment would require more than 200 firewalls'--an unworkable prospect, he said.
  John Halamka, Beth Israel's CIO and a Harvard Medical School professor, said he began asking manufacturers for help in isolating their devices from the networks after trouble arose in 2009: the Conficker worm caused problems with a Philips obstetrical care workstation, a GE radiology workstation, and nuclear medical applications that ''could not be patched due to [regulatory] restrictions.'' He said, ''No one was harmed, but we had to shut down the systems, clean them, and then isolate them from the Internet/local network.''
  He added: ''Many CTOs are not aware of how to protect their own products with restrictive firewalls. All said they are working to improve security but have not yet produced the necessary enhancements.''
  Fu says that medical devices need to stop using insecure, unsupported operating systems. ''More hospitals and manufacturers need to speak up about the importance of medical-device security,'' he said after the meeting. ''Executives at a few leading manufacturers are beginning to commit engineering resources to get security right, but there are thousands of software-based medical devices out there.''
A New Cyber Concern: Hack Attacks on Medical Devices: Scientific American
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  Wed, 26 Jun 2013 12:43
  The FDA issues guidelines to manufacturers to protect their products
  By Dina Fine Maron
  Hunting for computer virusesImage: (C) iStockphoto.com/Yong Hian Lim
  Showcasing more than fifty of the most provocative, original, and significant online essays from 2011, The Best Science Writing Online 2012 will change the way...
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  Computer viruses do not discriminate. Malware prowling the cybersphere for bank information and passwords does not distinguish between a home computer or a hospital machine delivering therapy to a patient. Even if a radiation therapy machine, say, is infiltrated unintentionally, malware could theoretically cause radiation doses to spike.
  Medical device-makers need to protect their products from cyber attack, according to recent draft guidance the U.S. Food and Drug Administration. The FDA calls for medical device manufacturers to consider the vulnerabilities that crop up when medical devices are designed to be more thoroughly integrated into networks and connected to the Internet. It asks manufacturers to draw up security plans to protect systems from malware before submitting plans for market approval. The agency also prodded hospitals to step up future reporting of any cyber attacks.
  In a recent alert the U.S. Department of Homeland Security highlighted one weakness affecting approximately 300 medical devices, including drug infusion pumps, ventilators and external defibrillators. It warns that hard-coded passwords that normally allow service technicians to gain access to myriad machines could be used to make nefarious changes if they fall into the wrong hands. ''We are aware of hundreds of devices involving dozens of manufacturers that have been affected by cyber security vulnerabilities or incidents,'' says William Maisel, senior official at the FDA's Center for Devices and Radiological Health. In none of these cases were specific devices or hospitals targeted nor did cyber attacks result in patient harm, at least that the FDA is aware of. A range of medical devices run on standard software such as Windows XP and are vulnerable to common viruses that plague home and office computers. Because the number of events is on the rise, Maisel says, the FDA decided it was time to issue formal guidance about the need to act.
  Connecting hospital systems and devices to the Internet allows doctors to remotely study a patient's scans and computers to quickly share patient information. But it also creates new entry points where computer viruses can prey on electronic systems.
  The Department of Veterans Affairs has been tracking medical device infections since 2009. As The Wall Street Journal first reported, there have been 327 such incidents. Those events did not result in patient harm, says Christian Houterman, manager of Clinical Informatics and Medical Technology in the Veterans Health Administration. The incidents, however, did sometimes create headaches for patients and hefty bills for the hospital, he says.
  One such incident occurred in 2010 when the Conficker computer worm infected an entire sleep lab at a VA hospital in New Jersey. All the patients had to be rescheduled, which was a challenge because many of them relied on family members to drive them to the lab. Meanwhile, to halt the infection and ensure the devices were Conficker-free, the manufacture had to reformat all the devices'--at a cost to the hospital of about $40,000, says Lynette Sherrill, deputy director for health information security at the VA. With a virus like Conficker, she says, it's not just a matter of stopping the virus from doing further damage after it may lock out users. Computer memory also has to be wiped clean of code that the virus downloads from the Internet and saves in each computer's memory'--something virus scans cannot eliminate. Conficker, a particularly pernicious virus, can also expose patient data and passwords. Attacks from malware including Conficker have occurred on medical equipment including imaging devices, eye-exam scanners and electrocardiographstress analyzers, according to the VA records.
  Because many of these machines do not have specific patient information, however, the risk of patient credit card or health information being stolen is slight. Malware such as botnets'--viruses that attempt to control functions on a cadre of computers and then have them all work together to perform some illicit task'--can drain energy, slow systems down and mess with their functionality. Malware can also render a device unavailable to give care. ''I view it as we are in an entire village of houses with no locked doors,'' says Kevin Fu, a computer scientist that focused on medical devices and cyber security at the University of Michigan. ''It doesn't take a rocket scientist to think we should have some risk mitigation strategies in place, because usually the bad guys are a couple steps ahead of the good guys.''
Patients Put at Risk By Computer Viruses - head9 Health News
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  Caracas, Exeter, Cornell, USMC, Vietnam, CIA, Pennsylvania, Kentucky, Fort Lauderdale, Conservative, Christian Veteran #tcot #tiot #prolife #guns #2nd #teaparty
  Obama's Credibility Gap provides GOP opportunity - if it offers a growth agenda & is not just scandals on.wsj.com/16fygd3
Plan For More Than 209-Top 10 Influenza Pandemic Response Planning Tips for H7N9 Virus | CDC
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  Wed, 26 Jun 2013 12:33
  CDC is closely monitoring the avian influenza A (H7N9) situation in China and is taking several preparedness measures. While no H7N9 cases have been detected in the United States or anywhere outside of China at this time and there is no evidence of sustained human-to-human transmission, CDC encourages state and local public health agencies to use this time to review and reinforce their pandemic preparedness plans in case the situation escalates. CDC has developed these Top 10 Influenza Pandemic Response Planning Tips to help senior public health officials at the state, local, tribal, and territorial levels identify the most critical capabilities and activities needed to assure jurisdictional readiness for an influenza pandemic response.
  These suggestions are designed to help jurisdictions identify remaining influenza pandemic preparedness operational gaps and improve readiness for potential response. This is not an exhaustive list of all the steps necessary for a sustained influenza pandemic response, but it is intended to give senior public health officials a quick guide for accelerated planning. CDC recommends jurisdictions review their respective H1N1 after-action reports and other relevant data to better assess operational requirements.
  Regularly visit the CDC avian influenza (H7N9) information page for the latest information on the rapidly evolving H7N9 outbreak in China. H7N9 content includes CDC guidance documents such as interim guidance for infection control and antiviral treatment recommendations.Review existing jurisdictional influenza pandemic plans including vaccine administration/mass vaccination plans, community mitigation plans, plans for requesting, receiving, distributing, and dispensing Strategic National Stockpile (SNS) assets, worker safety plans, and risk communication plans, among others. Identify and address any operational gaps.Verify state and local supplies and caches of antiviral drugs, respiratory protective devices, and personal protective equipment.Ensure that H7N9 virus can be rapidly detected and characterized. CDC has completed work on new laboratory diagnostic test materials that can be used specifically to identify cases of human infection with the new avian influenza A (H7N9) virus.Develop and utilize redundant methods for communicating with and contacting providers/clinicians including but not limited to Health Alert Network (HAN) messaging. Prepare to disseminate messages on testing guidance, treatment guidelines, case definition, and worker safety guidance.Identify the relevant subject matter experts within your jurisdiction's public health emergency preparedness and immunization programs, as well as other influenza subject matter experts, such as those in agricultural agencies to develop strategies to ensure animal health is part of public health preparedness planning.Assure that key staff members within your jurisdiction know how to contact CDC's domestic H7N9 epidemiology/lab team and reinforce the need to call CDC with any questions or to consult on cases. Contact CDC 24/7 at 770-488-7100.Test communication systems and platforms to assure operability. Update as needed.Plan how your vaccination program would operationalize a pandemic vaccine prioritization scheme.Identify and vaccinate potential priority populations such as healthcare workers, critical infrastructure personnel, young children, and other pediatric and adult groups (e.g., pregnant women and other high-risk groups).Strategize how to engage, enroll, and communicate with providers not currently enrolled in the Vaccines for Children program. Nontraditional providers may include adult medical providers, occupational health providers that care for critical infrastructure personnel, pharmacies, and community health centers.Plan for potentially administering significantly more vaccine than was available during the 2009 H1N1 response.Assure administrative readiness for a large-scale influenza pandemic event. This includes the ability to rapidly procure, execute contracts, and hire staff/contractors. Identify and address any legal barriers.
A Filthy History: When New Yorkers Lived Knee-Deep in Trash | Collectors Weekly
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  Wed, 26 Jun 2013 12:30
  It's tempting to think of sacred tombs and ancient monuments as our best window into other cultures. But archaeologists have long known that if you really want to understand a civilization, to know its people's passions, weaknesses, and daily rituals, look no further than their garbage.
  Robin Nagle has spent much of her life fascinated by trash, and its oft-unseen impacts on our society, our environment, and our health. Nagle's recent book, ''Picking Up,'' chronicles a decade working with the New York City Department of Sanitation, years spent in their offices, transfer stations, locker rooms, and of course, their garbage trucks. Interspersed with Nagle's personal experiences are enlightening tidbits from the city's long and difficult history of trash collection. As Nagle points out, we live in cities literally built on trash, yet the management of household waste remains one of the most invisible aspects of modern existence.
  In the U.S., the most wasteful country per capita, each citizen throws away an average of 7.1 pounds per day, according to garbage guru Edward Humes. So what place could be better to study the impact of this onslaught than New York City, which generates nearly 22 million pounds of household waste every day?
  ''New York persisted in being infamously, disgustingly dirty.''
  In 2002, Nagle was first granted access to the department's archives, and in 2003, she initiated the process of actually becoming a sanitation worker. After working closely with the department for years'--riding routes, visiting garages, attending social events, and interviewing employees'--Nagle was named the department's only Anthropologist in Residence in 2006. ''It's the perfect title,'' says Nagle, ''the perfect framing of my relationship with them. It lets me propose weird things, and they just shake their heads and say, 'It must be because she's an anthropologist.'''
  Nagle's research covers all the complexities of our sanitation situation, from landfill archaeology to the integration of women in a male-dominated profession. One of Nagle's most disturbing revelations is that a career in sanitation is more dangerous than working for the fire or police department, despite a clear absence of public appreciation for our garbage men and women.
  Top: An early image of the sanitation department collecting trash, circa late 1890s. Photo courtesy DSNY. Above: A street sweeper, or ''San Man,'' in Midtown Manhattan in 1964. Via National Geographic.
  Now that the book is finished, Nagle is working to document the field's oral history and develop a Museum of Sanitation. Part of Nagle's motivation is to restore the dignity of the profession and remind urban dwellers that they couldn't function without a sanitation department.
  We recently spoke with Nagle about the hidden life of trash and the complicated business of managing it.
  Collectors Weekly: What initially drew you to the world of trash?Robin Nagle: My dad and I were camping in the Adirondacks, and for people who are not familiar with the East Coast, the Adirondacks are 6.2 million acres of the last untrammeled wilderness on the East Coast, outside of some parts of Maine. It's the last place east of the Mississippi where you can be five miles from a paved road. Isn't that an amazing statistic?
  So we were hiking in the mountains, and it was gorgeous and utopian. I really did have a sense that, except for the path at our feet, surely no human being had ever been in this place. And we got to our campsite, which was a lean-to, or a three-sided cabin with a roof, looking over the lake. It was gorgeous, except that right behind the lean-to was this dump for hikers who had been too lazy to pack out what they had packed in. At the time, I was even more goofily idealistic than I am now. As a kid, I was just flabbergasted. Who did they think was going to pick up after them? That question stayed with me, and I started to ask it in many other contexts.
  In New York at the end of the 19th century, it was not uncommon for dead animals to lie on the streets for weeks.
  When I moved to New York, I could see who was picking up after me'--the people who drive these big, white trucks. But then the questions became who are they, what is their life like, and what is it like to do that job? So that was the genesis of my book, ''Picking Up.''
  Collectors Weekly: When was the sanitation department established in New York?Nagle: It was created as the Department of Street Cleaning in 1881, and renamed the Department of Sanitation in 1929. But it was actually made effective for the first time in 1895, in that the people who worked for the department actually collected garbage and swept the streets.
  In its early days, the department didn't really function at all. There are some photographs taken for Harper's Weekly, before and after photos of street corners in New York in 1893 and then in 1895. And the before pictures are pretty astonishing, people were literally shin-high or knee-high in this muck that was a combination of street gunk, horse urine and manure, dead animals, food waste, and furniture crap.
  The June 22, 1895, edition of Harper's Weekly compared photos of the same street corners two years earlier to show what an incredible transformation street cleaning had effected. Via the New York Public Library.
  Put yourself back in the late 19th century and think about the material world that would have surrounded you in your home. When you threw something out, it wouldn't go anywhere. It would be thrown in the street.
  This was mostly because of corruption in the city government. It was a very easy source of plunder. The people in charge of street cleaning were in the pockets of people like Boss Tweed and Tammany Hall [a corrupt political group that controlled New York City's Democratic party]. Other cities all over the world had figured out how to solve this waste problem decades earlier, but New York persisted in being infamously, disgustingly dirty.
  Collectors Weekly: When did the situation change?Nagle: There was a police corruption scandal in the early 1890s that was so spectacular the Tammany political machine could not control the reaction. So they were kicked out of office in the mayoral elections of 1894. A guy named William Strong took over as mayor, and he swore to appoint people of integrity as his commissioners. For street cleaning, he first reached out to Teddy Roosevelt, who basically said, 'What, are you nuts? Nobody should do that. That's an impossible job. I'm not going to do that.' So Roosevelt took over the police department, which was also in dire need of reform.
  ''Our own history is with us all the time, right under foot, but we don't know it because it's literally buried.''
  Mayor Strong reached out to a Civil War officer, a veteran and a self-titled ''sanitary engineer'' and a bit of a showman, named George Waring. He asked Waring to take over street cleaning, and they had a conversation that Waring later recounted to the press in which he said, ''I'll do it under one condition '' you leave me alone. If you want to fire me, of course, that's your right. But I will appoint and hire the people I feel are best for the job, not because they're people you want to do favors for.''
  The dapper Civil War veteran George Waring described himself as a ''sanitation engineer.'' Photo courtesy DSNY.
  The mayor agreed and Waring immediately gave the department a hierarchical, military-type structure that is still in place today. This made people immediately responsible for very clearly defined tasks, like someone was assigned to sweep from this corner to that corner 10 blocks down, and they were going to do it inside these eight hours, and this cart was going to follow and the driver of the cart had these set hours. If there were any problems, the officer immediately in charge of that crew would have to answer for them, and then the officer above had to answer for the larger regional work.
  So Waring set that in place, and then he went after the filthiest corners of the whole city, which were the poorest neighborhoods, because wealthier districts had been hiring their own private cleaning companies for years. In the really poor corners of the city, like Five Points, to see anyone from the local government come into the neighborhood was not good news for local residents. They threw bricks at the street cleaners and came out to fight them with sticks. Waring said to his men, ''You keep going back. You show them what we're going to do and you see if you don't change their hearts.'' By the end of two weeks, he had tenements full of ardent fans because he cleaned their neighborhoods.
  Then he spread out from there, and he wasn't afraid to fire people if they didn't do their work. He said to everyone in the department, ''You start with a clean slate with me. You work to keep your job.'' He did truly creative things, like founding the Juvenile Leagues, so that children in public schools were taught to be eyes on the street for sanitation and law enforcement. Often these were kids whose parents spoke no English, so they were helping to inculturate an older generation with these new practices, teaching them that you don't litter or throw your garbage on the street. There were more than a thousand of those groups over time.
  Waring also dressed the workers in white, and even his wife said, 'What, are you crazy?' But he wanted them to be associated with notions of hygiene. Of course, those in the medical profession wore white, and he understood, quite rightly, that it was an issue of public health and hygiene to keep the street clean. He also put them in the helmets that the police wore to signify authority, and they quickly were nicknamed the White Wings.
  When Waring's ''White Wings'' first began cleaning up New York streets in the 1890s, they needed police protection from disgruntled residents. Photo courtesy DSNY.
  These men became heroes because, for the first time in anyone's memory, they actually cleaned the city. It was a very bright day in the history of the department. Waring was only in office for three years, but after he left, nobody could use the old excuses that Tammany had used to dodge the issue of waste management. They had always said it was too crowded, with too many diverse kinds of people, and never mind that London and Paris and Philadelphia and Boston cleaned their streets. New York was different and it just couldn't be done. Waring proved them wrong. Rates of preventable disease went down. Mortality rates went down. It also had a ripple effect across all different areas of the city.
  Collectors Weekly: It's interesting that sanitation was so publicly recognized, whereas today, the visibility of waste removal has greatly diminished.Nagle: The department of sanitation started out in the public eye because it was such a remarkable difference: The before and after was stark. We're now very used to a certain presence and level of competence and waste management being very well done. One of the privileges of modern life is that we get to ignore it. Therefore, it's almost like the department is a victim of its own success.
  The entire project is made invisible, and you only notice it in the gap, in the absence. For example, if there's a missed pickup or, like in 1968, when there was a strike. Then you see it. But when they're out there every day, maintaining the illusion that there's an ''away'' to which we can throw things, then it's all sort of magic. It just goes ''away.''
  New York City sidewalks filled with trash during the 1968 strike, one of the few moments in the last century that garbage was front and center.
  Collectors Weekly: What was the role of women in New York's early sanitation program?Nagle: Women were pivotal in the informal sector. There were two ways in which women were involved: Many privileged women made public hygiene, street cleanliness, and waste management their cause. Then at the other end of the spectrum, very poor women were on the street every day, scavenging and gleaning and surviving based on what they could pull off the streets. There were countless families who depended on women scavenging, and either selling what they found or bringing it home to eat.
  In Chicago, the reformer Jane Addams was the first commissioner of street cleaning, so she was part of its effort to formalize street cleaning work. But we had no female counterpart in the New York public eye. Waring was appointed in part because the Ladies' Health Protective Association lobbied for his appointment. The Ladies, as I call them in the book, formed in the early 1880s to address issues of street cleanliness and public health. They worked as what we might call either an activist group or a lobbyist group, pressuring local politicians to address the problems.
  New Yorkers once took pride in sanitation, as evidenced by the department's participation in many public parades and ceremonies. Above, a float from the 1940s. Photo courtesy DSNY.
  And they were smart. They picked very specific issues, like the gigantic dung heap somewhere in the '40s on the East River. It created a horrific stench for anybody down wind of it. The pile was illegal, but it had been there for years and years. They owner sold it as fertilizer. It took them six years, but they managed to get it moved and the owner indicted.
  But generally, until 1986, women were only part of the formal work of solid waste management in small ways. Sanitation was the last of New York's uniformed forces to integrate women, partly because they were under a hiring freeze from 1974 until 1986. Two women were hired off that very first wave of women applicants, and they both worked for 20 years.
  Collectors Weekly: How have the department's goals shifted over the last century?New York's Sanitation Department even produced its own quarterly magazine in the 1960s, called simply ''Sweep.'' Image courtesy DSNY.
  Nagle: The mission today, in a sense, is exactly the same as it's always been'--sweep the streets, collect the garbage, figure out how to pick it up and where to put it down. In a nutshell, that's the job, plus plowing the snow, which has always been part of the department's mandate. But it's changed from a hundred years ago, in that now we have nowhere within the boundaries of New York to put down our trash. It has to go outside the city, which means we pay hundreds of millions of dollars to private companies to take our trash to other places.
  These other places include most of the states on the Eastern Seaboard and several in the Midwest. And that's just New York City trash; that's not the rest of the state. Every day, we generate 11,000 tons of garbage and 2,000 tons of recyclables, and that's just household waste, which is roughly a third of the total trash output of the city on any given day. The other two categories are commercial, which is businesses and restaurants and whatnot, and then what's called ''C & D,'' or construction and demolition debris. The New York City Department of Sanitation is responsible only for the household component of that.
  Sanitation is also supposed to be responsible for waste reduction overall, which is a little puzzling to me. To me, that's a little bit like telling an undertaker he's supposed to help lower disease and death rates. We're responsible for the end product; we have nothing to do with the manufacturers and distributors and marketers nor are we holding the hands of the consumers who buy this stuff. But still, part of sanitation's mandate is waste reduction. The entire effort of recycling is also an increasingly important part of what sanitation does.
  The politics of sanitation have become far more complex, partly because of important movements like environmental justice, which argues that communities of color or communities that are economically disadvantaged should not have to bear an unfair burden when waste management facilities are sited. Whether it's a recycling materials drop-off or a waste transfer station or a sanitation garage or a compost facility, they shouldn't be concentrated in any one neighborhood.
  Staten Island, which is the only reliably Republican borough of New York's five boroughs, was host to the city's only dump for many years. It's largely white, and it's largely middle class, but the residents claimed to be victims of environmental injustice. And they were right. It's bigger than just class and race. The NIMBY, or ''Not In My Back Yard'' concept is huge now, all over the world.
  A view of Fresh Kills landfill on Staten Island, circa 1950. The dump ground closed in 2001.
  Collectors Weekly: Fresh Kills is the Staten Island dump you're referring to?Nagle: Yes, but it's now a remarkable park. Fresh Kills was one of many New York City landfills when it opened on April 19, 1948. There was also a network of incinerators in the city, but every landfill and incinerator was closed over time, so that by the early 1990s, Fresh Kills was the only option left.
  All of Manhattan's trash was going out of the city by the time Fresh Kills closed in March of 2001. It was briefly reopened for September 11th material, and that effort was finished in August of 2002. And from that point forward, they've been turning it into a park, very thoughtfully, I might add. You can take your little kid there and not worry that he's going to be eating garbage.
  It's not open to the public yet, but they do tours. It's breathtaking. You're standing on some of the highest points within the city, and you're surrounded by green. You see the city like a penciled sketch on the horizon, the oil refinery tanks across the water in New Jersey, and the suburbia of Staten Island. But while you're actually in the park, you also see deer and hawks and all kinds of fascinating water creatures. It's bucolic. And there's no smell, unless you count wildflowers and sometimes that lovely, mucky smell at low tide that's normal on any estuary.
  A rendering of the Fresh Kills Park project, currently underway on the site of New York City's former Staten Island landfill.
  Collectors Weekly: How did garbage physically shape the development of New York?Nagle: Much of the city's geography, in fact 20 percent of the larger metropolitan region, is built on landfill and much of that fill is varied forms of waste and garbage. Not all of it, but a lot of it, including incinerator ash and things like that.
  New York's most prominent mid-century planner, Robert Moses, loved landfills and incinerators, partly because after 1934, we could no longer dump at sea. So he launched a very ambitious and very unsettling program to build incinerators and landfills. At one point, there were something like 89 incinerators and landfills all over the city. Once you get into the mid-20th century, it was no longer all organic, and you do find early plastics. The technology of landfills back then was pretty crude compared to what we do today.
  The stuff in the bottom layers, there's so much weight and pressure that there's no space for any form of decomposition. So if you do a core sample, for instance, of Fresh Kills, which has been done and you pull up these early layers, you can still read the newspapers from that era. I've seen slide shows from archaeologists who've done this work and the hotdogs look like you could throw them on the grill. But they're from the 1953 layer of Fresh Kills. So even the organics in there are not necessarily decomposing. And yes, in the upper layers, there's stuff that will outlast us as a species, probably, by hundreds of thousands of years.
  A mid-1950s campaign to prevent littering in New York included a gigantic waste basket in Times Square.
  Collectors Weekly: What would your Museum of Sanitation look like, and what do you hope the impact might be?Nagle: The museum will be a place where you walk in the door, and it's bright. It might have truck components arranged in a way that looks like abstract art. I can see the backup lights doing a Morse code kind of rhythm, and trucks where kids can climb in, honk the horn, make the backup beeping noise, and run the cycle hopper.
  It would have temporary exhibitions that would tell the many stories about sanitation, about the workers themselves, about the politics of the job, about the corruption in the past, about the environmental impacts. The stories about how the Dutch built out from the shoreline, starting in the 1620s, with trash that is still excavated today. When they were building the World Trade Center, they found stuff from that era. There are ways in which our own history is with us all the time, right under foot, but we don't know it because it's literally buried.
  I also want it to be a community space so that groups can meet there for various causes, or maybe we can have a film festival of garbage-themed films. I want it to be a place where the department would use it freely. For example, the Pipe and Drum band members, maybe they'll come there for their weekly practices. The other thing I want to have in the museum is what I call the Wall of Honor, which lists everyone who's died on the job.
  Street traffic has long been a serious danger to sanitation workers, like in this early 20th century photo. Photo courtesy DSNY.
  Collectors Weekly: What makes sanitation work so unsafe?Nagle: There are two primary sources of danger. One is that the stuff you toss in the back of the truck has a tendency to come shooting back out at you. If you get hit by that, you could be in trouble, because as you know, people throw out everything, even stuff that is supposed to be discarded in a more controlled context. So the trash itself is dangerous.
  Then there's traffic. When you're working in and out of traffic all day, and you're working with a piece of equipment that people only acknowledge because they want to get around it. They don't say to themselves, ''Oh, there are human beings connected to that vehicle, therefore I will be more careful now.'' A garbage truck inspires something more like, ''Oh, it's a garbage truck. I got to get away from it as fast as possible.''
  For instance, a school bus has its blinking lights and stop sign, and if you go around a school bus that has its lights going, you will get slapped with a very fat ticket. But there are no hardwired protections built into our traffic system for garbage trucks.
  Collectors Weekly: Why don't people know where their trash goes?Nagle: Well, are they aware of where their water comes from? Or where their electricity starts? Or where their computer components were made? We are profoundly connected across the globe to people we will never know, and we're profoundly connected regionally by the path of our discards and the material flow of bringing those things into our life. But I think we've been taught to ignore those kinds of things. I don't mean that we learned it in school, but as a cultural assumption that underlies contemporary life, those are not our concerns.
  Since the late 19th century, snow removal has always been part of the sanitation department's mission and is one of the job's most visible duties. Photo courtesy DSNY.
  Collectors Weekly: Do you think this invisibility has an impact on how wasteful we are?Nagle: Sure. When I throw an object out, it still has a life, and it now activates this complex network of protocols and systems and controversies. But because we don't have an awareness of this, it's much easier to just let it go.
  In the case of, say, water bottles, what if a company that markets water in these plastic bottles was responsible for the end use of those bottles, after the water is gone. People are throwing them out their car windows, or letting them fall on the street, or putting them in our rivers and lakes. But the company would have to go and get all that stuff, and it would be a strong incentive to come up with an alternative, something that maybe isn't a plastic water bottle.
  As long as we don't look at the larger system, and let different industries foist off the long-term consequences of their manufacturing processes, as long as we let all of that be externalized, we are screwed, not to put too fine a spin on it. But we are also unaware, we meaning just the general public, the people at large. This is quite a heartbreak: People want to do the right thing. So do you tell them, recycle your water bottle and you will save the planet? No. If you recycle your water bottle, you have taken a very important first step, but that's all it is. Then the question is, what are the next steps? How do we prevent this bottle from coming into being in the first place?
  Nagle believes a better connection to our garbage's afterlife might help curb our monstrous waste. Above, barges transport waste to Fresh Kills in 1973.
  Collectors Weekly: How could people be made more aware of their own waste?Nagle: You know how there are nutrition labels on food? It would be fascinating if there were labels on every product we buy that told you exactly where each component in that product came from, what the energy cost to transport it was, what other wastes were created. It would be an interesting challenge to put that kind of infographic on the back of a shampoo bottle or something. At least that would let people make different kinds of choices, and begin to understand the life-cycle analysis of the consumer choices they make.
  Although, our individual consumer choices are still a tiny, tiny piece of the big picture. Municipal household waste accounts for three percent of the nation's waste drain. We need to increase awareness of that statistic, and then shine a bright light on all of these other categories and the alternatives that could be proposed to prevent those streams.
  Collectors Weekly: What else can we do to bring positive attention to the importance of this job?Nagle: Just say, ''Thank you.'' When I started doing that on my own as my little private campaign several years ago, I was amazed at the reaction. The guys were astonished that anybody was bothering to say thank you. It's one small gesture that an individual can make that honors them in a small, but real way.
  In terms of the bigger public issue, when cities talk about larger themes of city life like education and policing and environmental well-being, they need make sure whoever is in charge of the garbage is mentioned, and standing next to the mayor along with the police commissioner and in the headshot of the officials and woven into casual conversation from elected officials about important city infrastructure issues. Those are small things, but they make a big difference. Write letters to the editor, ''Hey, I saw my sanitation guys today doing a fantastic job, just wanted to give them a shout-out.'' They certainly get the letters when they aren't doing a good job.
  Sweeping in Times Square during the 1960s. Photo courtesy DSNY.
NBC's Curious Obama, Mandela Faith Healing Story
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  Wed, 26 Jun 2013 12:14
  Furthermore, while Obama is scheduled to visit South Africa, he is not going to meet with Mandela, according to the South African government. NBC's story therefore requires the reader to believe that Mandela was so excited that Obama will visit South Africa--which he has done before--or just so excited about Obama in general that he emerged from unconsciousness to express his pleasure. That is so at odds with what is known about Mandela's condition and about his recent health that it must have been a miracle.
  Or not. The question is why such a story would be told, and embraced. Obviously, NBC is playing up the story because it flatters Obama, not only through its "faith healing" aspect but also by establishing a kind of supernatural connection between him and the revered Mandela, who is truly a world-historical figure in a way that Obama aspires to be. The other beneficiary is Zindzi Mandela herself, who is no babe-in-the-woods but knows the American media well and has, in the past, been found liable in the U.S. for shady promotions.
BBC News - Queen on first state visit to Republic of Ireland
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  Wed, 26 Jun 2013 12:09
  17 May 2011Last updated at05:51 ETThe Queen is set to begin the first visit to the Republic of Ireland by a British monarch.
  One of the biggest security operations ever mounted in the Republic is under way for the four-day trip, amid a rise in dissident republican violence.
  The Irish army has made safe a pipe bomb found on a passenger bus bound for Dublin. A bomb threat to London made on Sunday was earlier investigated.
  President Mary McAleese will formally welcome the Queen at her Dublin home.
  King George V was the last reigning monarch to visit the country, in 1911, when what is now the Republic was then part of the UK.
  The Queen was invited to visit by President McAleese, who will formally welcome the monarch at Aras an Uachtarain, her home in Dublin's Phoenix Park.
  The president told state broadcaster RTE it was "an extraordinary moment in Irish history - a phenomenal sign and signal of the success of the peace process and absolutely the right moment for us to welcome onto Irish soil Her Majesty the Queen".
  Mrs McAleese said the two countries were "forging a new future - a future very, very different from the past, on very different terms from the past - and I think the visit will send the message that we are, both jurisdictions, determined to make the future a much, much better place."
  Continue reading the main story''Start QuoteThe relationship between the Crown and Ireland has been one of the longest and most difficult in the history of Britain's monarchy''
  End QuoteNicholas WitchellRoyal correspondent, BBC NewsUK Prime Minister David Cameron said: "One hundred years on from the last time a British monarch visited Ireland, I think there is a great sense of history and occasion."
  He added: "I think the real effect... will be a marker that just as we are solving some of the problems there have been between us in the past, just as we are helping each other through these difficult economic times, now is a great moment for people in Britain and people in Ireland to remember what it is we share."
  Mr Cameron will join the Queen and Duke of Edinburgh for part of their trip on Wednesday, while Foreign Secretary William Hague will follow the usual practice of accompanying the royals throughout their visit.
  The Queen will attend events at Trinity College Dublin, the National War Memorial Gardens in Islandbridge and Croke Park stadium.
  Croke Park is the home of Gaelic games where in 1920, during the Irish War of Independence, British forces fired into the crowd at a football match, killing 14 spectators and players.
  The Queen is also to make a speech at a state dinner at Dublin Castle.
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  What do the people of Dublin think about the royal visit?
  There are plans for the Queen and Prince Philip to visit the Irish National Stud in County Kildare, as well as the Rock of Cashel in County Tipperary and a technology park in Cork.
  Former prime minister Sir John Major, who helped to establish the Northern Ireland peace process in the early 1990s, said the Queen's visit would "put a seal" on the relationship between the UK and the Republic of Ireland.
  "One thing you discover if you travel round the world is that the Queen has become iconic," Sir John told the BBC's Newsnight.
  "If you're abroad and people talk about the Queen, they mean our Queen and I think the symbolism of her visiting Ireland - given the history of the past - will be seen as a very big event and an absolutely pivotal event in building an even better relationship in the future."
  Controlled explosionContinue reading the main story''Start QuoteThe discovery of the Maynooth bomb just hours before Queen's visit is a reminder of the threat dissident republican terrorists still pose''
  End QuotePeter HuntRoyal correspondent, BBC NewsThe bomb on the bus was found in a holdall in the luggage compartment on Monday night during a check in Maynooth, County Kildare, to the west of Dublin.
  About 30 people who were on board the bus were taken off and transported to Dublin in another vehicle.
  The device was later made safe in a controlled explosion carried out by an Irish army bomb disposal team.
  The coded bomb threat relating to London, which was received on Sunday, was the first issued by Irish dissidents outside Northern Ireland in 10 years, officials said.
  However, the threat level for Northern Ireland-related terrorism in Britain remains unchanged at substantial. In Northern Ireland it is severe.
  Sir John said he was not worried about possible trouble during the visit.
  "I think you can find people who will demonstrate against anything or anyone on any occasion, so I think there may well be a handful of people who will demonstrate, but that plainly - from what we've seen in the nine months of preparation - is not the view of the overwhelming majority of the Irish people.
  "I am absolutely certain that the Queen and the [Duke of Edinburgh] will get a fantastic reception."
  The cost of the unprecedented security operation is estimated at 30 million euros (£26m), with measures including:
  Deployment of more than 6,000 Irish police and Defence Forces personnel onto the streets of DublinIncreased surveillance of known republican dissidentsA ring of steel, comprising 25 miles of crowd-control barriers, installed around the Irish capitalChecking of thousands of manhole covers and lamp-posts, and parking bans imposed on 30 city centre streetsFormer Irish prime minister Bertie Ahern said the four-day visit was hugely significant, and showed the "maturity" of the relationship between the country and the Queen and British government.
  "Except for a tiny minority, people welcome this," he said.
why is 12 july special for northern ireland? - Y! Answers
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  Wed, 26 Jun 2013 12:07
  July 12, 1691 was when the Battle of Aughrim was fought. The events and motivations leading up to the battle were complicated, but the net effect was a huge and final battle between Catholic and Protestant forces.The battle was an overwhelming victory (often labeled a massacre) for the Protestant forces, and meant that England would rule Ireland for more than 200 years. During that time the Irish language and culture, along with Catholicism in general, was brutally and violently suppressed.
  Most of Ireland finally attained freedom from the now United Kingdom in the early 20th century, but six counties with protestant majorities in the northeast, now known as Northern Ireland, is still part of the UK.
  And every year, on July 12, the most hateful and racist of the Protestants stage a huge celebratory parade through the heart of the various Catholic neighborhoods in Northern Ireland. This is equivalent to the Ku Klux Klan having a parade through Harlem on the anniversary of the assassination of Dr. Martin Luther King, and is a direct cause of the violence that has racked Northern Ireland and the United Kingdom for more than 40 years.
The Twelfth - Wikipedia, the free encyclopedia
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  Lead-up to the TwelfthNorthern Ireland's "marching season" begins at Easter. From then until the Twelfth the Orange Order and Protestant marching bands hold numerous parades. The most common of these are lodge parades, in which one Orange lodge marches with one band. Others, such as the "mini-Twelfth" at the start of July, involve several lodges.
  From June to August, Protestant, unionist and loyalist areas of Northern Ireland are decorated in a 'loyal' style. Streets and houses are bedecked with bunting and flags (mainly the Union Flag and Ulster Banner). The bunting and flags are usually flown from lamp-posts. Kerbstones may be painted red, white and blue and murals may be made. Wooden arches, bedecked with flags and Orange symbolism, are raised over certain streets.[5]
  The raising of flags and arches near Irish Catholic and nationalist areas, or in "neutral" areas, had led to many violent clashes. Flying the flags of illegal loyalist paramilitaries, such as the Ulster Volunteer Force (UVF) and Ulster Defence Association (UDA), is especially contentious when deliberately erected outside Catholic churches and schools.[6]
  Eleventh NightMain article: Eleventh NightOn the night before The Twelfth'--the "Eleventh Night"'--huge bonfires are lit in many Protestant, Unionist and Loyalist areas of Northern Ireland. In many Protestant communities the bonfires are seen as family-friendly community celebrations. However, not all Protestants attend the bonfires and people from the Irish Catholic community avoid them. Some Eleventh Night bonfires involve sectarian and loyalist paramilitary displays. Symbols of Irish nationalism/republicanism (such as the Irish tricolour) and symbols of Catholicism are sometimes burnt on the fires.[7] Loyalist paramilitaries have also used the event to hold "shows of strength" '' which often involve masked gunmen firing volleys of shots into the air.[7] Another issue that has been raised is drunkenness and violence amongst those attending.[7] More recently, there has been criticism that most of what is burnt causes serious environmental pollution.[7] However, in recent years, there have been attempts to make the bonfires more family-friendly and environmentally-friendly.[8]
  In 2012 some bonfires in Belfast burned Polish flags as well as the Irish Tricolour. The Polish Association of Northern Ireland described it as "racist intimidation".[9]
  Main eventsThe main way in which the Twelfth is celebrated is through large parades involving Orangemen and supporting bands. Most of the parades are in Northern Ireland, though Orange lodges elsewhere often hold parades too. The parade usually begins at an Orange Hall, proceeds through the town and out to a large field where the marchers, their friends and family, and the general public gather to eat, drink and listen to speeches by clergymen, politicians and senior members of the Order. In the past the Twelfth has been a major venue for discussion of the political issues of the day. A church service will also be held and sometimes band prizes will be awarded.[10] Within Northern Ireland, each District Lodge usually organises its own parade. In rural districts the parade will rotate around various towns, sometimes favouring those in which there is less likely to be trouble, but in other years choosing those in which it is felt the 'right to march' needs to be defended.
  Orangemen in full regalia on 12 July 2011 in Belfast
  In Northern Ireland, there is a long tradition of Protestant and loyalist marching bands, which can be found in most towns. The Orangemen hire these bands to march with them on the Twelfth. The bands have a reputation as being less respectable than the Orangemen, although they are seen by many as serving the useful purpose of keeping young men from working class areas out of trouble. An instrument almost unique to these marches is the Lambeg drum. Popular songs include "The Sash" and "Derry's Walls". Explicitly violent songs such as "Billy Boys" may also be played.
  The vast majority of marchers are men, but there are some all-women bands and a few mixed bands. Some all-male bands have female flag or banner carriers. There are also some Women's Orange Lodges who take part in the parades. Orangewomen have paraded on the Twelfth in some rural areas since at least the mid-20th century, but were banned from the Belfast parades until the 1990s.
  Orangemen returning from the field less formally
  Orangemen on parade typically wear a dark suit, an Orange sash, white gloves and a bowler hat.[8] Certain Orangemen carry a ceremonial sword. In hot weather, many lodges will parade in short-sleeved shirts. Orangewomen have not developed a standard dress code, but usually dress formally. The supporting bands each have their own uniforms and colours. Both the Orangemen and bands carry elaborate banners depicting Orange heroes, historic or Biblical scenes, and/or political symbols and slogans. The most popular image is that of King William of Orange crossing the River Boyne during the famous battle.[11]
  At the field, some lodges and bands don humorous outfits or accessories and make the return journey in them, and the mood is generally more mellow, although in times of tension it can also be more aggressive.
  The Northern Ireland parades are given extensive local TV and press coverage and the BBC program 'The Twelfth' is the longest running outside broadcast program in Northern Ireland.
Mish's Global Economic Trend Analysis: Italy Faces Huge Losses on Derivatives Restructured in Eurozone Crisis
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  Wed, 26 Jun 2013 11:50
  The Financial Times notes that Italy faces billions in losses on Derivatives Restructured in Eurozone Crisis.
  Italy risks potential losses of billions of euros on derivatives contracts it restructured at the height of the eurozone crisis, according to a confidential report by the Rome Treasury that sheds more light on the financial tactics that enabled the debt-laden country to enter the euro in 1999.
  A 29-page report by the Treasury, obtained by the Financial Times, details Italy's debt transactions and exposure in the first half of 2012, including the restructuring of eight derivatives contracts with foreign banks with a total notional value of '‚¬31.7bn.
  Experts who examined it told the Financial Times the restructuring allowed the cash-strapped Treasury to stagger payments owed to foreign banks over a longer period but, in some cases, at more disadvantageous terms for Italy.
  The senior government official who spoke to the Financial Times and the experts consulted said the restructured contracts in the 2012 Treasury report included derivatives taken out when Italy was trying to meet tough financial criteria for the 1999 entry into the euro.
  Three independent experts consulted by the FT calculated the losses based on market prices on June 20 and concluded the Treasury was facing a potential loss at that moment of about '‚¬8bn, a surprisingly high figure based on a notional value of '‚¬31.7bn.
  Early last year Italy was prompted to reveal by regulatory filings made by Morgan Stanley that it had paid the US investment bank '‚¬2.57bn after the bank exercised a break clause on derivatives contracts involving interest rate swaps and swap options agreed with Italy in 1994.
  An official report presented to parliament in March 2012 found that Morgan Stanley was the only counterparty to have such a break clause with Italy and disclosed, for the first time, that the Treasury held derivatives contracts to hedge some '‚¬160bn of debt, almost 10 per cent of state bonds in circulation.
  The Bloomberg News agency calculated at the time, based on regulatory filings, that Italy had lost more than $31bn on its derivatives at then market values.
  The facts seem difficult to piece together, but the amounts are significant. Some of the derivatives date back to 1994-1996 when Italy dressed up its finances to meet Maastricht treaty criteria, including a budget deficit less than 3 per cent."Italy had a budget deficit of 7.7 per cent in 1995" but the deficit magically shrunk to 2.7% in 1998, the approval year for Italy joining the eurozone. The odds of that being legitimate are approximately zero percent.
  ECB president Mario Draghi was head of the Italian central bank at the time much of this took place, so it's no wonder details are scant.
  Recall that Bloomberg lost a freedom of information lawsuit against the ECB regarding derivatives used to hide Greek debt on the basis "disclosure of the files would have undermined the protection of the public interest so far as concerns the economic policy of the European Union and Greece''.
  I would be far more interested to see the complete Italy files, but clearly that's not going to happen either.
  Mike "Mish" Shedlockhttp://globaleconomicanalysis.blogspot.com
Google Chrome's integrated Flash player allows webcam peeping
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  Wed, 26 Jun 2013 04:36
  http://www.geek.com/news/google-chromes-integrated-flash-player-allows-webcam-peeping-1559287/
IG: IRS credit cards used for wine, pornography
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  Wed, 26 Jun 2013 04:35
  Poor oversight by the Internal Revenue Service allowed workers to use agency credit cards to buy wine for an expensive luncheon, dorky swag for managers' meetings and, for one employee, romance novels and diet pills, an agency watchdog said Tuesday.
  Two IRS credit cards were used to buy online pornography, though the employees said the cards were stolen. One of the workers reported five agency credit cards lost or stolen.
  IRS employees used agency credit cards to make more than 273,000 purchases totaling nearly $108 million in 2010 and 2011, according to the report by the Treasury inspector general for tax administration.
  The vast majority of those purchases were legitimate, the report said. However, the report said the IRS has inadequate controls to prevent inappropriate purchases.
  For example, investigators found that one IRS employee spent $2,655 on diet pills, romance novels, steaks, a smartphone and baby-related items, including bottles, games and clothes. The case was referred to the IG's office that investigates employee misconduct, the report said.>>
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No Agenda Texas Meetup Announcement
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  Wed, 26 Jun 2013 04:30
  Heil Everybody,
  A group of No Agenda Producers is putting on a Texas No Agenda Meetup, and we want slaves like you charged up and ready to attend!
  In Episode 523 you may have heard that I (Producer RJ) wanted to hold a meeting in Spring, TX. With Adam Curry now skulking among us in the Drone Star State, I figured we could put together a group and meet up with him. In a sudden turn of events, John made the claim that he would come on out to meet us if we were firing black powder rifles.
  Having John jump on a plane to attend a meeting would be a feat accomplished only by a rare few. This won't happen without the support of both donors and boners alike.
  We are currently planning on having the event in Austin over a weekend in September. Plans are still being put together, and we could use both ideas and help from everyone to put on the most kick-ass No Agenda Meetup ever. If you would like to attend, get updates on the event, help us plan, or even just want to pitch in some of your cash (sorry, no water and blankets will be accepted), send us an e-mail here, or e-mail info@noagendatexas.com.
  Updates will be coming soon, so make sure you sign-up to get added to our No Agenda Texas Meetup update list.
  Thanks for your support,
  Sir David Dolson (the Drunk Philosopher), Producer Ryan Turner (the Database Monkey) & Producer RJ Hegedus
Snowden distributed encrypted copies of NSA docs around the world | Ars Technica
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  Wed, 26 Jun 2013 03:19
  NSA leaksView all'...Taking another page out of the WikiLeaks playbook, Edward Snowden has apparently distributed an encrypted copy of at least ''thousands'' of documents that he pilfered from the National Security Agency to ''several people,'' according to Glenn Greenwald, The Guardian reporter who first published Snowden's leaks.
  In an interview with the Daily Beast on Tuesday, Greenwald said that Snowden ''has taken extreme precautions to make sure many different people around the world have these archives to insure the stories will inevitably be published.''
  Greenwald added: ''If anything happens at all to Edward Snowden, he told me he has arranged for them to get access to the full archives.'' The Brazil-based journalist said that he himself has thousands of documents that Snowden leaked from the NSA, which may or may not constitute the totality of what he exfiltrated.
  ''I don't know for sure whether [Snowden] has more documents than the ones he has given me,'' Greenwald added. ''I believe he does. He was clear he did not want to give to journalists things he did not think should be published.''
  As we reported yesterday, WikiLeaks founder Julian Assange said that the complete set of leaked documents and materials had been ''secured by the relevant journalistic organizations prior to [Snowden's] travel.''
  Assange's comments could suggest that The Guardian and the Washington Post'--where Snowden previously leaked information'--are now in possession of his entire cache. Ars asked The Guardian and the Post to confirm this on Monday but has not yet received a reply.
  ''[Snowden] was not trying to harm the US government''''Snowden himself was vehement from the start that we do engage in that journalistic process and we not gratuitously publish things,'' Greenwald also told the online publication. ''I do know he was vehement about that. He was not trying to harm the US government; he was trying to shine light on it.''
  Not surprisingly, since Greenwald has deepened his relationship with Snowden, he has taken extra digital security precautions, including communicating only by encrypted e-mail.
  ''When I was in Hong Kong, I spoke to my partner in [Rio de Janeiro] via Skype and told him I would send an electronic encrypted copy of the documents,'' Greenwald noted. ''I did not end up doing it. Two days later his laptop was stolen from our house and nothing else was taken. Nothing like that has happened before. I am not saying it's connected to this, but obviously the possibility exists.''
Obama's Climate Joke About A 'Flat Earth Society' Actually Referenced A Real Group
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  Source: WT news feed
  Wed, 26 Jun 2013 03:17
  REUTERS/Larry Downing
  In a major address at Georgetown University Tuesday, President Barack Obama referred derogatorily to deniers of climate change as members of a "Flat Earth Society."But the Flat Earth Society is a real group, and its president says he believes climate change is real. He also doesn't like being used as an example of backward thinking on the issue.
  "For what it's worth, the Flat Earth Society doesn't have an 'official' position on climate change. That falls a bit outside our remit," Flat Earth Soceity President Daniel Shenton told Business Insider in an email from England.
  "Personally, though, I believe the evidence available does support the position that climate change is at least partially influenced by human industrialisation."
  Shenton said that Obama should refer to more mainstream groups '-- like the American Enterprise Institute '-- the next time he needs a joke in a speech.
  "So if President Obama wants to reference people that actively deny anthropogenic climate change, he'd probably be better served by citing groups like the American Enterprise Institute rather than the Flat Earth Society," Shenton said.
  AEI has been subject to some controversy over its critiques of climate change. In 2007, The Guardian reported that it had offered scientists and economists $10,000 each to dispute a report from report from the UN's Intergovernmental Panel on Climate Change.
  Obama earned a round of applause and some chuckles for his remarks directed at the so-called "Flat Earth Society," which he compared to "sticking your head in the sand."
  "Nobody has a monopoly on what is a very hard problem, but I don't have much patience for anyone who denies that this challenge is real," Obama said.
  "We don't have time for a meeting of the Flat Earth Society. Sticking your head in the sand might make you feel safer, but it's not going to protect you from the coming storm. And ultimately, we will be judged as a people, and as a society, and as a country on where we go from here."
  Shenton's full email is below:
  Hi, Brett. Thanks for the email. I just checked my email about 20 minutes ago and was confused as to why my four most recent emails had "Obama" in the subject line. Now I understand!
  I checked President Obama's quote from today. It's disappointing but not surprising -- I do occasionally see references to the Society in that context. Gordon Brown made a similar remark back in 2009 when referring to climate-change deniers. I generally try not to take it personally, though. I understand that most people see the Flat Earth Society's views as extremely unorthodox and perhaps a bit kooky. I'd like the public to know, though, that our views are based on extensive research and we highly value the pursuit of truth. In fact, the Society's motto is (and has been since the 1800's) "In Veritate Victoria" -- Victory in Truth.
  For what it's worth, the Flat Earth Society doesn't have an 'official' position on climate change. That falls a bit outside our remit. Personally, though, I believe the evidence available does support the position that climate change is at least partially influenced by human industrialisation. So if President Obama wants to reference people that actively deny anthropogenic climate change, he'd probably be better served by citing groups like the American Enterprise Institute rather than the Flat Earth Society.
3500 Year Old Egyptian Statue Moving On It's Own Power Caught On Time Lapse Video Manchester Museum
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  Wed, 26 Jun 2013 03:16
EDWARD SNOWDEN'S DOOMSDAY INSURANCE
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"Natural Gas Is The Transition Fuel That Can Power Our Economy With Less Carbon Pollution"
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Chantix may be effective against alcohol addiction.
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  Source: WT news feed
  Wed, 26 Jun 2013 03:13
  Chantix is marketed in the U.S. as a drug to help you stop smoking. Researchers at the National Institutes of Health say it may also help alcoholics stop drinking.
  Researchers say the drug, which goes by the generic name varenicline, treats alcoholism in much the same way as it does nicotine addiction. It stimulates an area of the brain that provides the pleasure derived from both drinking alcohol and smoking tobacco. No pleasure, no urge to drink.
  "Drinking and smoking often co-occur, and given their genetic and neurochemical similarities, it is perhaps unsurprising that a smoking cessation treatment might serve to treat alcohol problems," said Dr. Raye Litten of the National Institute on Alcohol Abuse and Alcoholism (NIAAA) . "Our study is the first multi-site clinical trial to test the effectiveness and safety of varenicline in a population of smokers and nonsmokers with alcohol dependence."
  Ziller and colleagues conducted a clinical trial with 200 adults with drinking problems. They say they found the drug reduced the urge to drink.
  18 million potential patientsNIH estimates about 18 million people in the U.S. have problems controlling their alcohol consumption. The researchers, writing in the Journal of Addiction Medicines, suggest Chantix should be considered as a tool to combat alcoholism.
  Chantix, however, is known to have some side effects which can be severe. Problems reported with the drug have given some consumers pause.
  Chantix already carries a ''black box'' warning on its label. But researchers at Harvard, Johns Hopkins and other institutions, say it might not be enough.
  Writing about their study in the journal PloS One in 2011, they said the drug's poor safety profile makes it unsuitable for first-line use among those who want to quit smoking. According to the researchers, Chantix showed a substantially increased risk of reported depression or suicidal behavior compared to other smoking-cessation treatments.
  Physical side effectsJustice, of Charlotte, N.C., reports physical side effects from Chantix.
  ''I would much rather die a slow death from cigs than to die due to side effects of Chantix,'' Justice wrote in a ConsumerAffairs post. ''I have developed an agoraphobic reaction to all new and many older drugs that I may need for my health. I have an increased heart rate permanently now, too!''
  Another patient, Keith, of Boise, Idaho, blames his legal problems on Chantix.
  ''After chewing for 26 years, I was recommended Chantix by my healthcare provider,'' Keith writes. ''I was taking Chantix for roughly three weeks when I experienced a blackout and severe memory loss. I woke in jail and was charged with two felonies. Here it is 180 days later, $20,000 plus in attorney fees and medical fees, and I still have no recollection of that night and events prior. Sadly because I didn't kill anyone, my case is not worth a suit against Pfizer according to the class action attorneys.''
  Before Chantix can be prescribed for alcohol addiction, the Food and Drug Administration (FDA) must give its approval. It may well consider side effects before expanding the drug's use.
  Adverse effectsA 2008 study by the group Institute for Safe Medication Practices reviewed adverse event reports filed with the FDA. It found that Chantix generated 988 serious incidents in the fourth quarter of 2007, the most of any drug during that period.
  ''Some people have had changes in behavior, hostility, agitation, depressed mood, and suicidal thoughts or actions while using Chantix to help them quit smoking,'' Pfizer, the maker of the drug, said in printed material about Chantix. ''Some people had these symptoms when they began taking Chantix, and others developed them after several weeks of treatment, or after stopping Chantix.''
  The pharmaceutical company also points out that when you try to quit smoking, with or without Chantix, you may have symptoms attributed to Chantix side effects that may actually be due to nicotine withdrawal.
Bank bailout: Germany requires compulsory levy of 8 per cent to savers (translation)
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  Archived Version
  Source: WT news feed
  Wed, 26 Jun 2013 03:13
  Van:
  Naar:
Financier pleads guilty to $13M Facebook IPO stock scam
  Link to Article
  Archived Version
  Source: CNET News
  Wed, 26 Jun 2013 03:12
  Former Oregon gubernatorial candidate admits bilking more than 120 investors out of $13.2 million with promises of an early shot at the highly coveted pre-IPO shares.
  A former Oregon gubernatorial candidate has pleaded guilty in a $13 million securities scam to sell pre-IPO shares of Facebook before the social network went public.
  Craig Berkman, a Florida financier who ran for governor in 1994, pleaded guilty Tuesday in U.S. District Court in Manhattan to one count each of securities fraud and wire fraud, each of which carries a maximum sentence of 20 years in prison.
  Prosecutors said Berkman, 71, bilked more than 120 investors out of $13.2 million with promises of an early shot at the highly coveted shares. He also admitted falsely telling investors that he had access to shares of other tech companies, including LinkedIn, Groupon, and Zynga.
  Berkman, who was arrested in March after a Securities and Exchange Commission investigation, used the proceeds from Ponzi-like scheme to pay off debts and fund personal expenses, including $6 million in a personal bankruptcy case, prosecutors said.
  "Through various misrepresentations, Craig Berkman enticed investors with highly coveted investment opportunities, and then swindled them out of millions of dollars, using much of it for his personal benefit," U.S. Attorney Preet Bharara said in a statement after the plea was announced.
  Berkman agreed to forfeit the $13.2 million the scheme produced as part of the plea agreement with prosecutors.
  "I deeply regret my actions," a weeping Berkman told U.S. Magistrate Judge Kevin Nathaniel Fox, according to Reuters. "I devastated my family. I apologize to them and to the investors, some of whom were dear friends. I'm very, very sorry."
  Berkman is scheduled to be sentenced October 1 by Fox.
Space Shuttle Atlantis on display at new NASA exhibit
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  Archived Version
  Source: CNET News
  Wed, 26 Jun 2013 03:12
  NASA's Space Shuttle Atlantis has a new $100 million home at the Kennedy Space Center Visitor Complex.
  The retired Space Shuttle Atlantis on display at the Kennedy Space Center Visitor Complex.
  (Credit: collectSpace.com/Robert Perlman)After 33 missions into space over a 30-year career, NASA's Space Shuttle Atlantis has found a permanent base close to home. The shuttle is part of a new $100 million visitor center exhibit at the Kennedy Space Center Visitors Complex which will immerse visitors in the experience of space travel.
  The exhibit opens June 29 and will weave first-hand accounts from astronauts and flight engineers, along with the history of NASA, into 60 interactive displays. The displays will touch on everything from launches and orbits to how a space station is assembled.
  But the centerpiece of the exhibit is Atlantis. Visitors will able to get an up-close, 360-degree view of one of the world's first reusable spacecraft. Robert Z. Pearlman of collectSpace.com recently toured the exhibit during a preview of the grand opening this week.
  Atlantis' last mission, STS-135, landed on Runway 15 of the Kennedy Space Center at 5:57 a.m. on July 21, 2011. It was the Shuttle program's final flight.
  After being officially retired, Atlantis was moved in November 2012 to the center's visitor complex aboard the 76-wheel Orbiter Transporter System -- at less than 1 mile per hour. It took around 12 hours for the shuttle to make the 9.8-mile trip from the Kennedy Space Center's Vehicle Assembly Building to its new museum facility, which opens Friday.
Dem Rep. Maxine Waters Teams Up With Gangsta Rapper Snoop Dogg To Promote Gun Control'...
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  Archived Version
  Source: Weasel Zippers
  Wed, 26 Jun 2013 03:10
  The hypocrisy is obviously lost on Maxine.
  Via Politico:
  Political partnerships come in all shapes and sizes. Try this one on: Rep. Maxine Waters (D-Calif.) and '... Snoop Lion (aka Snoop Dogg).
  The two are set to appear at a roundtable in Los Angeles on Saturday to discuss the affect of gun violence on society. It is hosted by the League of Young Voters and BET and will also feature rapper T.I. and Executive Director of the League of Young Voters Dr. Rob ''Biko'' Baker. The NAACP Youth & College Division and Casey Family Programs are also sponsors of the event.
Audience at president's climate change speech so motivated, forgets to pick up litter
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  Archived Version
  Source: Twitchy » US Politics
  Wed, 26 Jun 2013 03:09
  President Obama took his message of environmental stewardship to Georgetown University today in order to enlist the younger generation's help in saving the planet. He began his appeal by recalling the Apollo 8 mission of 1968, when humans for the very first time captured a photograph of the earth as a whole. ''It was an image of Earth,'' the president told the audience, ''beautiful; breathtaking; a glowing marble of blue oceans, and green forests, and brown mountains brushed with white clouds, rising over the surface of the moon.''
  ''And that image in the photograph, that bright blue ball rising over the moon's surface, containing everything we hold dear '-- the laughter of children, a quiet sunset, all the hopes and dreams of posterity '-- that's what's at stake. That's what we're fighting for,'' he concluded, much, much later. ''And if we remember that, I'm absolutely sure we'll succeed.''
  Heady stuff indeed. The National Journal's Amy Harder covers energy and environmental issues, and she was there today to capture her own image of the planet, or at least the tiny part of it just minutes before packed with college students who would scurry off to make the planet a better place for their children and grandchildren.
Jimmy Wales breaks Wikipedia rules in hunt for Snowden
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  Archived Version
  Source: Dave Winer's linkblog feed
  Wed, 26 Jun 2013 03:09
  Wikipedia's notorious co-founder, Jimmy Wales, has launched an investigation to determine if any of the pseudonyms who edit the world's biggest encyclopedia are in fact (or suspected to be) classified security info leaker, Edward Snowden. Wales got the urge to learn more early this morning (Tuesday, June 25), asking his minions who follow his "Talk" page:
  Snowden editing? -- I'm sure this has been discussed somewhere. In the media there have been reports of user accounts used on various tech discussion sites by Edward Snowden. He was apparently quite an active person online, particularly a few years back when he was younger. It seems highly likely to me that he would have edited Wikipedia - most people who fit his profile (tech savvy, internet activist types) will have done so. Do we have any evidence of that, or suspicions about that? -- Jimbo Wales
  Certainly many journalists and government investigators may already be trying to match Wikipedia user accounts to the wanted fugitive Snowden.
  However, a key problem for Mr. Wales is that Wikipedians aren't allowed to snoop into the identity of other other Wikipedia editors who have not disclosed their real name on Wikipedia. Certainly as the man who co-founded the Wikipedia project and who has earned hundreds of thousands of dollars from speaking to assembled audiences about Wikipedia, Jimmy Wales should know better than to ask others to violate one of its community's most respected rules. But that does not appear to be the case.
  Reject the accusation
  As we have seen time and time again with Mr. Wales, when he is called to task by a long-time productive editor of his encyclopedia, Wales' reaction is to admonish and shun the accuser. When Belgian Wikipedia administrator "Fram" brought notice of Wales' attempt at outing Snowden's account(s), Wales reaction was not to apologize for his violation of Wikipedia policy. Instead, he reacted by saying that he considered Fram's "manufactured and implausible complaints like this to be harassment".
  Despite that, the Wikipedia community seems to agree quite a bit more with Fram than with Jimmy Wales. Some editors at the administrative noticeboard picked apart Jimbo with a precision only Wikipedians could exact:
  ...the complaint has some merit. In the case Snowden is an editor, and could continue to edit, outing him seems a bad thing to do, just like for any other editor.
  ...I agree that Fram's concern has foundation, and I am concerned with Jimbo's removal [of talk] page posts, as well as his dismissal of them as 'trolling.'
  ...I disagree with Jimbo when he says that this isn't a case of 'outing'.
  ...I fully support Fram's concern here. Journalists are entititled to investigate whether Snowden had an account on Wikipedia (and if so; which account/s); Wikipedians are not entitled to speculate on Wikipedia about real-life identities.
  ...Jimbo, you send mixed messages when you encourage us to out a Wikipedia editor just because he's in the news.
  Wales was unfazed. "Feel free to relay your concerns to me directly at my talk page. All but Fram are welcome to discuss it further." This is Wales' pattern. He frequently asks those who happen to criticize his motives or actions to never again grace his Talk page, even though he is the name and face behind the encyclopedia "anyone can edit". Apparently there are limits to one's ability to edit Wikipedia, and one of those red lines not to be crossed is criticism of Jimmy Wales.
Senators Wyden and Udall ask General Alexander to correct significant inaccuracies in "fact sheet".
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  Archived Version
  Source: WT news feed
  Wed, 26 Jun 2013 03:08
  Today, Senators Wyden and Udall wrote to General Alexander requesting corrections in a recent NSA fact sheet on surveillance authorities.
  ''In our judgement this inaccuracy is significant, as it portrays protections for Americans' privacy being significantly stronger than they actually are,'' wrote Wyden and Udall.
  The Senators could not state exactly what those inaccuracies are because it relates to classified information, but they appended specifics in a classified attachment.
  Wyden and Udall Letter to General Alexander on NSA's Section 702 Fact Sheet Inaccuracy by Senator Ron Wyden
  Here's the fact sheet they're referring to:
  National Security Agency Section 702 of FISA and Section 215 of PATRIOT Act Fact Sheets by Senator Ron Wyden
  Possibly Related PostsApple gets about 4,000 '' 5,000 government requests for customer info during 6-month period86 Civil Liberties Groups and Internet Companies Demand an End to NSA SpyingOff to Rick Perry's Desk: Bill to Nullify Warrantless Drone Spying (updated)US spy device 'tested on NZ public'Timeline of NSA Domestic SpyingNew documents reveal parameters of NSA's secret surveillance programsNSA admits listening to U.S. phone calls without warrantsYahoo discloses user data requests from US law enforcement agenciesEPIC Demands Release of Classified Answers on Privacy and Internet Standards from Cyber Command NomineeNSA: It Would Violate Your Privacy to Say if We Spied on YouZemanta
Finally You'll Get To See The Secret Consumer Dossier They Have On You - Forbes
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  Wed, 26 Jun 2013 03:07
  Log in with your social account:Or, you can log in or sign up using Forbes.New PostsMost PopularMost Expensive HomesListsHighest-Paid AthletesVideoBill Gates & BonoFREE Report: 12 Stocks to Sell NowHelp|Connect
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Obama warms to climate fight with direct action Congress bypass
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  Archived Version
  Source: Crikey
  Wed, 26 Jun 2013 03:04
  Barack Obama says it's time to bypass ''flat-earthers'' and act on carbon. His plan invokes direct action'‰'--'‰doubling down on coal and power plant emissions. Giles Parkinson and Sophie Vorrath of RenewEconomy report.
  It's taken just over four years for Barack Obama to deliver the climate action plan he had promised as a fledgling president. And he'll do it the only way that has ever been available to him'‰'--'‰by presidential decree.
  ''As a president, as a father, and as an American, I am here to say we need to act,'' Obama said, in a speech outlining his first detailed plan for confronting what he's described as a central global challenge of the 21st century. ''We don't have time for a meeting of the Flat Earth Society.''
  Obama's climate speech in Washington DC on Tuesday is probably a final recognition that he will not be able to deliver the carbon price that he knows would be the most effective mechanism. Instead, he will invoke a sort of direct action, but one with real bite'‰'--'‰carbon emissions from existing coal-fired power plants will be tightly regulated, there will be a doubling of permitting for renewable generation on public lands and a renewed push on energy efficiency incentives.
  Coming as it does a week after China launched the first of seven pilot emission trading schemes, it does show the worlds two biggest economies'‰'--'‰and two biggest polluters'‰'--'‰are at least moving to deliver on their promises, and are preparing the way for the more ambitious action that the science demands.
  The initial reaction to Obama's proposals elicited two key responses'‰'--'‰that the power sector in the US is going to bear the brunt of emissions reduction in the US; and that there are key lessons here for Australia, which is about to unravel the suite of climate and clean energy policies that have been implemented over the last four years.
  First on the power sector. Some analysts estimate the world's biggest electricity grid could be forced to cut its emissions by one quarter by 2020, and the coal sector could be forced to cut its output by around 30% to meet Obama's climate targets'‰'--'‰an outcome that was presaged by US financial markets on Monday, when shares of US coal mining companies plunged.
  Adding to coal investors' woes was the news Monday that the Supreme Court would review the Court of Appeals decision to reverse the Cross-State Air Pollution Rule, one of the Obama administration's key tools for improving air quality by forcing coal-fired power plants to install pollution controls.
  Somewhat predictably, Republicans representing America's coal-producing states have labelled the President's proposals a ''war on coal'', warning they will drive up electricity prices and put US manufacturers at a global disadvantage. But the reality is that without a carbon price, there is not a lot else Obama can do to reduce emissions economy-wide.
  The situation in the US industry is further complicated by the fact the boom in shale gas has caused a switch from coal to gas, but this is not expected to be permanent because no one expects gas prices to remain low'‰'--'‰they will either go to export parity, or supplies will dwindle because all the cheap and easily accessed gas will exhausted. Deutsche Bank notes power emissions are already 15% below 2005 levels in 2005, thanks to shale gas, but even official forecasts expect this to be pared back to a 9% fall by 2020.
  The new plan has also cast serious doubt over whether the controversial Keystone XL tar sands pipeline will be approved; the President says allowing it to be built ''requires a finding that doing so would be in our nation's interest. And our national interest will be served only if this project does not significantly exacerbate the problem of carbon pollution.''
  Obama's plans suggest a doubling of power sector abatement efforts by 2020, and the target could be as high as 23% of forecast 2020 emissions and 30% of coal plant emissions. That means a lot of retrofits (the plan also includes $8 billion in new loan guarantees for carbon-capture projects) but most likely closures, and a lot more clean energy (renewables).
  In Australia, opposition climate spokesperson Greg Hunt has seized the opportunity to draw comparisons with Obama's climate plan and the Coalition's much-criticised Direct Action policy. He said on ABC Radio's AM this morning:
  ''The heart of any international agreement is China and the United States, India and the EU. And we've seen very promising signs from the United States, most significantly not using a carbon tax or an emissions trading scheme, but using direct action measures where they are specifically focusing on energy efficiency, forestry and cleaning up power stations. Whereas Australia's emissions go up under a carbon tax, in the United States they go down without a carbon tax. And it's absolutely clear, absolutely clear that there is not going to be a carbon tax in the United States.''
  Climate Institute CEO John Connor has a different take. He told the ABC:
  ''This is certainly not direct action. This is not a centrepiece big fund which is voluntary to participate in, which is the hallmark of the Coalition plan. This is a direct regulation plan. This is a President frustrated by a hyper-partisan Congress who's blocked his calls for a cap and trade carbon market. What he's put in place now is a raft of initiatives and processes to meet a goal he set at Copenhagen.''
  Connor said it's now clear Obama is stepping it up on climate action:
  ''He's stepped up what he's done on light vehicles in terms of emissions standards, put that into heavy vehicles. He's stepped up what he was doing for new coal-fired power plants and put that onto existing ones '...He's also stepping it up with China and wary of China's investments in clean energy and low carbon. He's made a whole lot of new mandates around renewable energy, made a whole lot of new mandates around preparing for climate impacts, but also calling for stepping up of international efforts and doing that at a bilateral level as well as at the UN.''
  For others, Obama's ramped-up plan has an important message for Australia. ''In the space of a week we've seen the world's two biggest economies'‰'--'‰China and now the US'‰'--'‰take significant action against climate change,'' said WWF Australia's Will McGoldrick. ''These low-carbon moves send a clear signal that the two biggest economies in the world are serious about acting on climate change.
  ''Australia's response to climate change is now at an important cross-road. We need to decide whether we want to continue to be part of a global shift to clean energy, or whether we want to buck this trend by unwinding the policy platform we have in place.''
  *This article was first published atRenewEconomy
Two senators say the NSA is still lying to Congress -- RT USA.
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  Archived Version
  Source: DaDenMan news feed
  Wed, 26 Jun 2013 02:56
  Two Democrats on the Senate Select Committee on Intelligence say the National Security Agency provided ''inaccurate'' and ''misleading'' information to the American public about the government's vast surveillance operations.
  Senators Ron Wyden and Mark Udall sent a letter to NSA Director Gen. Keith Alexander on Monday asking him to make revisions to a set of fact sheets that were released by his agency to quell concerns about domestic surveillance in the wake of leaked documents attributed to former intelligence contractor Edward Snowden earlier this month.
  The Guardian newspaper has been publishing top-secret documents provided by Snowden that he says proves the NSA operates secretive spying programs that retain information on United States citizens under Section 702 of the Foreign Intelligence Surveillance Act (FISA) and Section 215 of the PATRIOT Act. Snowden claims those two statutes are abused in order to surveil American citizens, an argument Gen. Alexander's office recently attempted to counter by releasing a four-page set of bullet points outlining what the US government can and can't do under federal law.
  According to Sens. Wyden and Udall, the NSA's response isn't in-tune with what they've been told of the programs. "We were disappointed to see that this fact sheet contains an inaccurate statement about how the Section 702 authority has been interpreted by the US government," they write Gen. Alexander. "In our judgment this inaccuracy is significant, as it portrays protections for Americans' privacy as being significantly stronger than they actually are."
  But while the fact sheets have been made available online, Wyden and Udall can't explain in their public letter what their allegations are in reference to since the lawmakers' own knowledge of the clandestine operations are not allowed to be discussed, even among the constituents who elected them to the Senate. Instead, they wrote that they've ''identified this inaccurate statement in the classified attachment'' sent to Alexander.
  Elsewhere, the lawmakers rejected the NSA's claim that, "Any inadvertently acquired communication of or concerning a US person must be promptly destroyed if it is neither relevant to the authorized purpose nor evidence of a crime."
  "We believe that this statement is somewhat misleading,'' replied the senators, ''in that it implies that the NSA has the ability to determine how many American communications it has collected under Section 702, or that the law does not allow the NSA to deliberately search for the records of particular Americans. In fact, the intelligence community has told us repeatedly that it is 'not reasonably possible to identify the number of people located in the United States whose communications may have been reviewed under the authority' of the FISA Amendments Act.''
  In a tweet sent out Monday evening, Sen. Wyden again said the FISA fact sheet included a ''significant inaccuracy.''
  Nowhere does the senators' response include allegations of any discrepancies in the Section 215 fact sheet, but both Wyden and Udall have raised questions about how the government interprets that provision previously. ''We believe most Americans would be stunned to learn the details of how these secret court opinions have interpreted Section 215,'' they wrote in a joint letter to Attorney General Eric Holder last year. ''As we see it, there is now a significant gap between what most Americans think the law allows and what the government secretly claims the law allows. This is a problem, because it is impossible to have an informed public debate about what the law should say when they public doesn't know what its government thinks the law says.''
  In their letter to Gen. Alexander this week, both Udall and Wyden wrote that they believe the US government should have ''broad authorities to investigate terrorism and espionage,'' and that it's possible to ''aggressively pursue terrorists without compromising the constitutional rights of ordinary Americans.''
  ''Achieving this goal depends not just on secret courts and secret congressional hearings, but on informed public debate as well,'' they wrote.
  But while Sens. Udall and Wyden have been long critical of surveillance powers provided through FISA and the PATRIOT Act, their take on the revelations exposed by Mr. Snowden differs drastically with that of President Barack Obama and many leading figures of his administration. Mr. Obama, Gen. Alexander and Mr. Holder have all defended the practices used by the NSA and say that no constitutional violations occur due to privacy safeguards in place, as have Senate Intelligence Chair Dianne Feinstein (D-Calif.).
  ''I think it's important to recognize that you can't have 100 percent security and also then have 100 percent privacy and zero inconvenience,'' President Obama said earlier this month.
  With respect to Section 702 and Section 215, Obama said, ''These are programs that have been authorized by broad bipartisan majorities repeatedly since 2006. And so I think at the onset it is important to understand that your duly elected representatives have been consistently informed on exactly what we're doing.''
  Edward Snowden revealed himself as the contractor responsible for the leaks published by The Guardian less than one week after the paper first began releasing information on the programs. He gave several interviews in Hong Kong before flying to Moscow where he remains today, according to both the US and Russian presidents. The anti-secrecy website WikiLeaks announced Monday that Snowden has asked for asylum from several countries, including Iceland and Ecuador.
Britse politie houdt 9.000 extremisten in de gaten
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  Archived Version
  Source: VK: Home
  Wed, 26 Jun 2013 02:51
  Door: Redactie '' 26/06/13, 02:36 '' bron: The Guardian
  (C) afp. Leden van de als extreemrechts bekendstaande English Defence League eerder deze maand bij de rechtbank in Londen.
  Een speciale afdeling van de Britse politie houdt bijna 9.000 burgers in de gaten die worden gezien als 'binnenlandse extremisten'. Dat meldt de Britse krant The Guardian woensdag.
  In de database van de zogeheten National Domestic Extremism Unit, die wordt aangestuurd door de Londense politie, zijn de gegevens van 8.931 mensen opgenomen. Het gaat daarbij niet alleen om moslimactivisten, maar ook om vertegenwoordigers van extreemrechts, de dierenrechten- en milieubeweging.
  The Guardian achterhaalde de informatie na een succesvol beroep op de wet openbaarheid van bestuur. Veel van de activisten wier naam in de database voorkomt, hebben geen strafblad of criminele antecedenten. Om hun activiteiten te achterhalen, worden onder meer undercoveragenten ingezet. Ook maakt de politie gebruik van betaalde informanten.
Chicago Tribune - Breaking News - Blackhawks parade to run from United Center to Grant Park Friday
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  Wed, 26 Jun 2013 01:12
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Federal Register | Airworthiness Criteria: Proposed Airship Design Criteria for Lockheed Martin Aeronautics Model LMZ1M Airship
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  Archived Version
  Tue, 25 Jun 2013 15:48
  Notice Of Availability Of Proposed Design Criteria And Request For Comments.
  This notice announces the availability of and requests comments on the proposed design criteria for the Lockheed Martin Aeronautics model LMZ1M airship. On March 12, 2012 Lockheed Martin Aeronautics submitted an application for type certification for the model LMZ1M. The LMZ1M is a manned cargo lifting hybrid airship incorporating a number of advanced features. The Hybrid Certification Criteria (HCC) for Transport Category Hybrid Airships, Lockheed Martin Aeronautics Company Document Number 1008D0122 Rev. C dated January 31, 2013 was specifically developed for the LMZ1M.
  Comments must be received on or before July 25, 2013.
  Send comments identified by docket number FAA-2013-0550 using any of the following methods:
  Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your comments electronically.
  Mail: Send comments to Docket Operations, M-30, U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.
  Hand Delivery of Courier: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday, except Federal holidays.
  Fax: Fax comments to Docket Operations at 202-493-2251.
  Privacy: The FAA will post all comments it receives, without change, to http://regulations.gov, including any personal information the commenter provides. Using the search function of the docket Web site, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT's complete Privacy Act Statement can be found in the Federal Register published on April 11, 2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
  Docket: Background documents or comments received may be read at http://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m., and 5 p.m., Monday through Friday, except Federal holidays.
  Mr. Albert Mercado, Federal Aviation Administration, Small Airplane Directorate, Aircraft Certification Service, 901 Locust, Room 301, Kansas City, MO 64106, telephone (816) 329-4119, facsimile (816) 329-4090.
  Interested persons are invited to comment on the proposed design criteria by submitting such written data, views, or arguments as they may desire. Commenters should identify the proposed design criteria on the Lockheed Martin Aeronautics model LMZ1M airship and submit comments, in duplicate, to the address specified above. All communications received on or before the closing date for comments will be considered by the Small Airplane Directorate before issuing the final design criteria.
  On March 12, 2012 Lockheed Martin Aeronautics submitted an application for type certification for the model LMZ1M airship. The LMZ1M is a hybrid airship incorporating a number of advance features. The tri-lobed airship envelope has 1,285,000 cubic foot displacement incorporating four thrusters to allow thrust vectoring. Thrust vectoring and control surface motions are controlled through a vehicle management system using electronic fly by-wire controls. Rather than conventional landing gear, the LMZ1M uses air cushion landing system (ACLS) for landing and ground operations. The LMZ1M is a manned cargo lifting hybrid airship with a gondola accommodating eight passengers and two crewmembers and a large cargo bay, and external load capabilities.
  Applicable Airworthiness Criteria Under 14 CFR part 21The only applicable requirement for airship certification in the United States is FAA document ''FAA-P-8110-2, Airship Design Criteria (ADC),'' dated November 2, 1987 with Change 1, dated July 24, 1992 and Change 2, dated July 24, 1992. This document has been the basis of certification of airships in the United States for many years. The ADC is inadequate for an aircraft with the size and advanced features of the LMZ1M. Given the size and weight of the LMZ1M and in accordance with 14 CFR Part 21.17(b), the level of safety should be commensurate with other transport category aircraft. The ''Hybrid Certification Criteria (HCC) for Transport Category Hybrid Airships,'' Lockheed Martin Aeronautics Company Document Number 1008D0122 Rev. C dated January 31, 2013 was specifically developed for the LMZ1M. This criteria is based on ''FAA P-8110-2, Airship Design Criteria (ADC),'' the ''Transport Airship Requirements (TAR)'', dated March 2000, 14 CFR Part 29'--Airworthiness Standards: Transport Category Rotorcraft and to a lesser extent 14 CFR Parts 23, 25, 33 and 35.
  The Hybrid Certification Criteria (HCC) for Transport Category Hybrid Airships, Lockheed Martin Aeronautics Company Document Number 1008D0122 Rev. C dated January 31, 2013.
  Issued in Kansas City, Missouri, on May 17, 2013.
  Earl Lawrence,
  Manager, Small Airplane Directorate,Aircraft Certification Service.
  [FR Doc. 2013-15056 Filed 6-24-13; 8:45 am]
  BILLING CODE 4910-13-P
Federal Register | Authorization of Emergency Use of an In Vitro Diagnostic for Detection of the Novel Avian Influenza A(H7N9) Virus; Availability
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  Archived Version
  Tue, 25 Jun 2013 15:50
  The Food and Drug Administration (FDA) is announcing the issuance of an Emergency Use Authorization (EUA) (the Authorization) for an in vitro diagnostic device for detection of the novel avian influenza A(H7N9) virus. FDA is issuing this Authorization under the Federal Food, Drug, and Cosmetic (FD&C) Act, as requested by the Centers for Disease Control and Prevention (CDC). The Authorization contains, among other things, conditions on the emergency use of the authorized in vitro diagnostic device. The Authorization follows the determination by the Secretary of Health and Human Services (HHS) that there is a significant potential for a public health emergency that has a significant potential to affect national security or the health and security of U.S. citizens living abroad that involves the novel avian influenza A(H7N9) virus. On the basis of such determination, the Secretary also declared that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection of the novel avian influenza A(H7N9) virus subject to the terms of any authorization issued under the FD&C Act. The Authorization, which includes an explanation of the reasons for issuance, is reprinted in this document.
  The Authorization is effective as of April 22, 2013.
  Submit written requests for single copies of the EUA to the Office of Counterterrorism and Emerging Threats, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 4121, Silver Spring, MD 20993- 0002. Send one self-addressed adhesive label to assist that office in processing your request or include a fax number to which the Authorization may be sent. See the SUPPLEMENTARY INFORMATION section for electronic access to the Authorization.
  Luciana Borio, Assistant Commissioner for Counterterrorism Policy, Office of Counterterrorism and Emerging Threats, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 4118, Silver Spring, MD 20993-0002, 301-796-8510 (this is not a toll free number).
  Section 564 of the FD Act (21 U.S.C. 360bbb-3), as amended by the Project BioShield Act of 2004 (Pub. L. 108-276) and the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 (Pub. L. 113-5), allows FDA to strengthen the public health protections against biological, chemical, nuclear, and radiological agents. Among other things, section 564 of the FD Act allows FDA to authorize the use of an unapproved medical product or an unapproved use of an approved medical product in certain situations. With this EUA authority, FDA can help assure that medical countermeasures may be used in emergencies to diagnose, treat, or prevent serious or life-threatening diseases or conditions caused by biological, chemical, nuclear, or radiological agents when there are no adequate, approved, and available alternatives.
  Section 564(b)(1) of the FD&C Act provides that, before an EUA may be issued, the Secretary of HHS must declare that circumstances exist justifying the authorization based on one of the following grounds: (1) A determination by the Secretary of Homeland Security that there is a domestic emergency, or a significant potential for a domestic emergency, involving a heightened risk of attack with a biological, chemical, radiological, or nuclear agent or agents; (2) a determination by the Secretary of Defense that there is a military emergency, or a significant potential for a military emergency, involving a heightened risk to U.S. military forces of attack with a biological, chemical, radiological, or nuclear agent or agents; (3) a determination by the Secretary of HHS that there is a public health emergency, or a significant potential for a public health emergency, that affects, or has a significant potential to affect, national security or the health and security of U.S. citizens living abroad, and that involves a biological, chemical, radiological, or nuclear agent or agents, or a disease or condition that may be attributable to such agent or agents; [1] or (4) the identification of a material threat by the Secretary of Homeland Security pursuant to section 319F-2 of the Public Health Service (PHS) Act (42 U.S.C. 247d-6b) sufficient to affect national security or the health and security of U.S. citizens living abroad.
  Once the Secretary has declared that circumstances exist justifying an authorization under section 564 of the FD&C Act, FDA may authorize the emergency use of a drug, device, or biological product if the Agency concludes that the statutory criteria are satisfied. Under section 564(h)(1) of the FD&C Act, FDA is required to publish, in the Federal Register, a notice of each authorization, and each termination or revocation of an authorization, and an explanation of the reasons for the action. Section 564 of the FD Act permits FDA to authorize the introduction into interstate commerce of a drug, device, or biological product intended for use when the Secretary of HHS has declared that circumstances exist justifying the authorization of emergency use. Products appropriate for emergency use may include products and uses that are not approved, cleared, or licensed under sections 505, 510(k), or 515 of the FD Act (21 U.S.C. 355, 360(k), and 360e) or section 351 of the PHS Act (42 U.S.C. 262). FDA may issue an EUA only if, after consultation with the HHS Assistant Secretary for Preparedness and Response, the Director of the National Institutes of Health, and the Director of CDC (to the extent feasible and appropriate given the applicable circumstances), FDA [2] concludes: (1) That an agent referred to in a declaration of emergency or threat can cause a serious or life-threatening disease or condition; (2) that, based on the totality of scientific evidence available to FDA, including data from adequate and well-controlled clinical trials, if available, it is reasonable to believe that: (A) The product may be effective in diagnosing, treating, or preventing'--(i) such disease or condition; or (ii) a serious or life-threatening disease or condition caused by a product authorized under section 564, approved or cleared under the FD&C Act, or licensed under section 351 of the PHS Act, for diagnosing, treating, or preventing such a disease or condition caused by such an agent; and (B) the known and potential benefits of the product, when used to diagnose, prevent, or treat such disease or condition, outweigh the known and potential risks of the product, taking into consideration the material threat posed by the agent or agents identified in a declaration under section 564(b)(1)(D) of the FD&C Act, if applicable; (3) that there is no adequate, approved, and available alternative to the product for diagnosing, preventing, or treating such disease or condition; and (4) that such other criteria as the Secretary of HHS may by regulation prescribe are satisfied.
  No other criteria of issuance have been prescribed by regulation under section 564(c)(4) of the FD&C Act. Because the statute is self-executing, regulations or guidance are not required for FDA to implement the EUA authority.
  On April 19, 2013, under section 564(b)(1)(C) of the FD Act (21 U.S.C. 360bbb-3(b)(1)(C)), the Secretary of HHS determined that there is a significant potential for a public health emergency that has a significant potential to affect national security or the health and security of U.S. citizens living abroad that involves the novel avian influenza A(H7N9) virus. Also on April 19, 2013, under section 564(b)(1) of the FD Act, and on the basis of such determination, the Secretary of HHS declared that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection of the novel avian influenza A(H7N9) virus, subject to the terms of any authorization issued under section 564 of the FD Act. The Secretary also specified that this declaration is a declaration of an emergency with respect to in vitro diagnostics as defined under the Public Readiness and Emergency Preparedness (PREP) Act Declaration for Pandemic Influenza Diagnostics, Personal Respiratory Protection Devices, and Respiratory Support Devices signed by then Secretary Michael Leavitt on December 17, 2008 (73 FR 78362). Notice of the determination and the declaration of the Secretary were published in the Federal Register on April 30, 2013 (78 FR 25273). On April 19, 2013, CDC requested, and on April 22, 2013, FDA issued an EUA for the CDC Human Influenza Virus Real-Time RT-PCR Diagnostic Panel-Influenza A/H7 (Eurasian Lineage) Assay subject to the terms of this authorization.
  An electronic version of this document and the full text of the Authorization are available on the Internet at http://www.regulations.gov.
  Having concluded that the criteria for issuance of the Authorization under section 564(c) of the FD&C Act are met, FDA has authorized the emergency use of an in vitro diagnostic device for detection of the novel avian influenza A(H7N9) virus subject to the terms of the Authorization. The Authorization in its entirety (not including the authorized versions of the fact sheets and other written materials) follows and provides an explanation of the reasons for its issuance, as required by section 564(h)(1) of the FD&C Act:
  BILLING CODE 4160-01-P
  Dated: June 19, 2013.
  Leslie Kux,
  Assistant Commissioner for Policy.
  [FR Doc. 2013-15096 Filed 6-24-13; 8:45 am]
  BILLING CODE 4160-01-C
FACT SHEET: President Obama's Climate Action Plan
  Link to Article
  Archived Version
  Source: White House.gov Press Office Feed
  Wed, 26 Jun 2013 00:17
  The White House
  Office of the Press Secretary
  For Immediate Release
  June 25, 2013
  President Obama's Plan to Cut Carbon PollutionTaking Action for Our Kids
  We have a moral obligation to leave our children a planet that's not polluted or damaged, and by taking an all- of-the-above approach to develop homegrown energy and steady, responsible steps to cut carbon pollution, we can protect our kids' health and begin to slow the effects of climate change so we leave a cleaner, more stable environment for future generations. Building on efforts underway in states and communities across the country, the President's plan cuts carbon pollution that causes climate change and threatens public health. Today, we have limits in place for arsenic, mercury and lead, but we let power plants release as much carbon pollution as they want '' pollution that is contributing to higher rates of asthma attacks and more frequent and severe floods and heat waves.
  Cutting carbon pollution will help keep our air and water clean and protect our kids. The President's plan will also spark innovation across a wide variety of energy technologies, resulting in cleaner forms of American- made energy and cutting our dependence on foreign oil. Combined with the President's other actions to increase the efficiency of our cars and household appliances, the President's plan will help American families cut energy waste, lowering their gas and utility bills. In addition, the plan steps up our global efforts to lead on climate change and invests to strengthen our roads, bridges, and shorelines so we can better protect people's homes, businesses, and way of life from severe weather.
  While no single step can reverse the effects of climate change, we have a moral obligation to act on behalf of future generations. Climate change represents one of the major challenges of the 21st century, but as a nation of innovators, we can and will meet this challenge in a way that advances our economy, our environment, and public health all at the same time. That is why the President's comprehensive plan takes action to:
  Cuts Carbon Pollution in America. In 2012, U.S. carbon pollution from the energy sector fell to the lowest level in two decades even as the economy continued to grow. To build on this progress, the Obama Administration is putting in place tough new rules to cut carbon pollution'--just like we have for other toxins like mercury and arsenic '--so we protect the health of our children and move our economy toward American-made clean energy sources that will create good jobs and lower home energy bills. For example, the plan:
  Directs EPA to work closely with states, industry and other stakeholder to establish carbon pollution standards for both new and existing power plants;
  Makes up to $8 billion in loan guarantee authority available for a wide array of advanced fossil energy and efficiency projects to support investments in innovative technologies;
  Directs DOI to permit enough renewables project'--like wind and solar '' on public lands by 2020 to power more than 6 million homes; designates the first-ever hydropower project for priority permitting; and sets a new goal to install 100 megawatts of renewables on federally assisted housing by 2020; while maintaining the commitment to deploy renewables on military installations;
  Expands the President's Better Building Challenge, focusing on helping commercial, industrial, and multi-family buildings cut waste and become at least 20 percent more energy efficient by 2020;
  Sets a goal to reduce carbon pollution by at least 3 billion metric tons cumulatively by 2030 '' more than half of the annual carbon pollution from the U.S. energy sector '' through efficiency standards set over the course of the Administration for appliances and federal buildings;
  Commits to partnering with industry and stakeholders to develop fuel economy standards for heavy-duty vehicles to save families money at the pump and further reduce reliance on foreign oil and fuel consumption post-2018; and
  Leverages new opportunities to reduce pollution of highly-potent greenhouse gases known as hydrofluorocarbons; directs agencies to develop a comprehensive methane strategy; and commits to protect our forests and critical landscapes.
  Prepares the United States for the Impacts of Climate Change. Even as we take new steps to cut carbon pollution, we must also prepare for the impacts of a changing climate that are already being felt across the country. Building on progress over the last four years, the plan:
  Directs agencies to support local climate-resilient investment by removing barriers or counterproductive policies and modernizing programs; and establishes a short-term task force of state, local, and tribal officials to advise on key actions the Federal government can take to help strengthen communities on the ground;
  Pilots innovative strategies in the Hurricane Sandy-affected region to strengthen communities against future extreme weather and other climate impacts; and building on a new, consistent flood risk reduction standard established for the Sandy-affected region, agencies will update flood-risk reduction standards for all federally funded projects;
  Launches an effort to create sustainable and resilient hospitals in the face of climate change through a public-private partnership with the healthcare industry;
  Maintains agricultural productivity by delivering tailored, science-based knowledge to farmers, ranchers, and landowners; and helps communities prepare for drought and wildfire by launching a National Drought Resilience Partnership and by expanding and prioritizing forest- and rangeland- restoration efforts to make areas less vulnerable to catastrophic fire; and
  Provides climate preparedness tools and information needed by state, local, and private-sector leaders through a centralized ''toolkit'' and a new Climate Data Initiative.
  Lead International Efforts to Address Global Climate Change. Just as no country is immune from the impacts of climate change, no country can meet this challenge alone. That is why it is imperative for the United States to couple action at home with leadership internationally. America must help forge a truly global solution to this global challenge by galvanizing international action to significantly reduce emissions, prepare for climate impacts, and drive progress through the international negotiations. For example, the plan:
  Commits to expand major new and existing international initiatives, including bilateral initiatives with China, India, and other major emitting countries;
  Leads global sector public financing towards cleaner energy by calling for the end of U.S. government support for public financing of new coal-fired powers plants overseas, except for the most efficient coal technology available in the world's poorest countries, or facilities deploying carbon capture and sequestration technologies; and
  Strengthens global resilience to climate change by expanding government and local community planning and response capacities.
  Download the Full PDF ReportView the Infographic
Executive Order--Establishing the President's Advisory Council on Financial Capability for Young Americans
  Link to Article
  Archived Version
  Source: White House.gov Press Office Feed
  Wed, 26 Jun 2013 00:16
  The White House
  Office of the Press Secretary
  For Immediate Release
  June 25, 2013
  EXECUTIVE ORDER
  - - - - - - -
  ESTABLISHING THE PRESIDENT'S ADVISORY COUNCIL ONFINANCIAL CAPABILITY FOR YOUNG AMERICANS
  By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
  Section1. Policy. To contribute to the Nation's future financial stability and increase upward economic mobility, it is the policy of the Federal Government to promote financial capability among young Americans and encourage building the financial capability of young people at an early stage in schools, families, communities, and the workplace. By starting early, young people can begin to learn the difference between wants and needs, the importance and power of saving, and the positive and productive role money can play in their lives. Having a basic understanding of money management from an early age will make our young people better equipped to tackle more complex financial decisions in their transition to adulthood, when critical decisions about financing higher education and saving for retirement can have lasting consequences for financial security. Strengthening the financial capability of our young people is an investment in our Nation's economic prosperity.
  Financial capability is the capacity, based on knowledge, skills, and access, to manage financial resources prudently and effectively. Efforts to improve financial capability, which should be based on evidence of effectiveness, empower individuals to make informed choices, plan and set goals, avoid pitfalls, know where to seek help, and take other actions to better their present and long-term financial well-being.
  Sec. 2. Establishment of the Council. There is established within the Department of the Treasury the President's Advisory Council on Financial Capability for Young Americans (Council).
  Sec. 3. Membership and Operation of the Council. (a) The Council shall consist of:
  (i) the Secretary of the Treasury (Secretary), and the Secretary of Education, who may designate a senior official from each of their respective departments to perform their Council duties; and
  (ii) not more than 22 members appointed by the President from among individuals not employed by the Federal Government.
  (b) Members of the Council shall include individuals with demonstrated experience or clear commitment to improving the financial capability of young people, such as individuals working with youth-serving organizations; educators and education policy experts; business leaders and employers of young workers; State, tribal, and local government policy makers; financial services providers; and innovators in financial capability. The composition of the Council shall reflect the views of diverse stakeholders.
  (c) The Secretary shall invite the Director of the Bureau of Consumer Financial Protection to participate as a member of the Council, to the extent consistent with the Bureau's statutory authorities and legal obligations.
  (d) The President shall designate a Chair and a Vice Chair from among the members of the Council appointed pursuant to subsection (a)(ii) of this section.
  (e) Subject to the direction of the Secretary, the Chair shall convene and preside at meetings of the Council, determine its agenda, direct its work, and, as appropriate to deal with particular subjects, establish and direct the work of subgroups of the Council that shall consist exclusively of members of the Council.
  (f) The Vice Chair shall perform:
  (i) the duties of the Chair when the position of Chair is vacant; and
  (ii) such other functions as the Chair may from time to time assign.
  Sec. 4. Functions of the Council. To assist in implementing the policy set forth in section 1 of this order, the Council shall:
  (a) collect information and views concerning financial capability from:
  (i) executive departments and agencies (agencies), including members of the Financial Literacy and Education Commission established under title V of the Fair and Accurate Credit Transactions Act of 2003 (20 U.S.C. 9702);
  (ii) State, local, territorial, and tribal officials; and
  (iii) financial capability innovators, educators and education policy experts, financial services providers, corporate leaders, and employers of young workers, as well as other experts;
  (b) advise the President and the Secretary on means to effectively implement the policy set forth in section 1 of this order, including means to:
  (i) build strong public-private partnerships between and among members of the Financial Literacy and Education Commission; other agencies; State, tribal, and local governments; and private entities to coordinate the use of high quality financial capability resources and practices in schools, families, communities, and elsewhere in order to build the financial capability of young Americans;
  (ii) support ongoing research and evaluation of financial education and capability activities aimed at young people to determine and disseminate effective approaches;
  (iii) effectively assess the financial capability, including both financial knowledge and financial behaviors, of young Americans;
  (iv) identify and develop strategies to pilot financial capability approaches in schools and among young people that are likely to have significant effects on young Americans' financial capability, and determine ways to test and implement such innovations in a large-scale and sustainable manner;
  (v) identify, develop, and measure the effectiveness of technology-driven approaches to promote financial capability among young people;
  (vi) identify and test promising and tested approaches for increasing planning, saving, and investing for retirement by young people; and
  (vii) promote the importance of starting to plan and act early for financial success broadly among Americans through public awareness campaigns or other means;
  (c) periodically report to the President, through the Secretary, on:
  (i) progress made in implementing the policy set forth in section 1 of this order; and
  (ii) recommended means to further implement the policy set forth in section 1 of this order, including with respect to the matters set forth in subsection (b) of this section; and
  (d) where appropriate in providing advice and recommendations, take into consideration the particular needs of traditionally underserved populations -- including women and minorities.
  Sec. 5. Administration of the Council. (a) To the extent permitted by law, the Department of the Treasury shall provide funding and administrative support for the Council, as determined by the Secretary, to implement this order.
  (b) The heads of agencies shall provide, as appropriate and to the extent permitted by law, such assistance and information to the Council as the Secretary may request to implement this order.
  (c) Members of the Council appointed under section 3(a)(ii) of this order shall serve without any compensation for their work on the Council.
  (d) Members of the Council, while engaged in the work of the Council, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Government service (5 U.S.C. 5701-5707), consistent with the availability of funds.
  (e) The Secretary shall designate an official within the Department of the Treasury to serve as an Executive Director to supervise the administrative support for the Council.
  Sec. 6. Termination of the Council. Unless extended by the President, the Council shall terminate 2 years after the date of this order.
  Sec. 7. General Provisions. (a) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the "Act"), may apply to the Council, any functions of the President under the Act, except for that of reporting to the Congress, shall be performed by the Secretary in accordance with the guidelines issued by the Administrator of General Services.
  (b) Nothing in this order shall be construed to impair or otherwise affect:
  (i) the authority granted by law to an executive department, agency, or the head thereof, or the status of that department or agency within the Federal Government; or
  (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
  (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
  (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
  BARACK OBAMA
Statement from the President on the Confirmation of Penny Pritzker as the Secretary of Commerce
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  Archived Version
  Source: White House.gov Press Office Feed
  Wed, 26 Jun 2013 00:16
  The White House
  Office of the Press Secretary
  For Immediate Release
  June 25, 2013
  I am pleased the Senate took bipartisan action to confirm Penny Pritzker as our next Commerce Secretary. Penny is a proven leader, a successful entrepreneur, and one of the most accomplished and highly-respected women in business today. She knows what it takes to build companies from the ground up, and she shares my belief in doing everything we can to help businesses and workers succeed and make America a magnet for good jobs. Penny will be a key member of my economic team as we continue to work to grow our economy and strengthen the middle class.
Presidential Memorandum -- Power Sector Carbon Pollution Standards
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  Archived Version
  Source: White House.gov Press Office Feed
  Wed, 26 Jun 2013 00:15
  The White House
  Office of the Press Secretary
  For Immediate Release
  June 25, 2013
  ENVIRONMENTAL PROTECTION AGENCY
  SUBJECT: Power Sector Carbon Pollution Standards
  With every passing day, the urgency of addressing climate change intensifies. I made clear in my State of the Union address that my Administration is committed to reducing carbon pollution that causes climate change, preparing our communities for the consequences of climate change, and speeding the transition to more sustainable sources of energy.
  The Environmental Protection Agency (EPA) has already undertaken such action with regard to carbon pollution from the transportation sector, issuing Clean Air Act standards limiting the greenhouse gas emissions of new cars and light trucks through 2025 and heavy duty trucks through 2018. The EPA standards were promulgated in conjunction with the Department of Transportation, which, at the same time, established fuel efficiency standards for cars and trucks as part of a harmonized national program. Both agencies engaged constructively with auto manufacturers, labor unions, States, and other stakeholders, and the resulting standards have received broad support. These standards will reduce the Nation's carbon pollution and dependence on oil, and also lead to greater innovation, economic growth, and cost savings for American families.
  The United States now has the opportunity to address carbon pollution from the power sector, which produces nearly 40 percent of such pollution. As a country, we can continue our progress in reducing power plant pollution, thereby improving public health and protecting the environment, while supplying the reliable, affordable power needed for economic growth and advancing cleaner energy technologies, such as efficient natural gas, nuclear power, renewables such as wind and solar energy, and clean coal technology.
  Investments in these technologies will also strengthen our economy, as the clean and efficient production and use of electricity will ensure that it remains reliable and affordable for American businesses and families.
  By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to reduce power plant carbon pollution, building on actions already underway in States and the power sector, I hereby direct the following:
  Section1. Flexible Carbon Pollution Standards for Power Plants. (a) Carbon Pollution Standards for Future Power Plants. On April 13, 2012, the EPA published a Notice of Proposed Rulemaking entitled "Standards of Performance for Greenhouse Gas Emissions for New Stationary Sources: Electric Utility Generating Units," 77 Fed. Reg. 22392. In light of the information conveyed in more than two million comments on that proposal and ongoing developments in the industry, you have indicated EPA's intention to issue a new proposal. I therefore direct you to issue a new proposal by no later than September 20, 2013. I further direct you to issue a final rule in a timely fashion after considering all public comments, as appropriate.
  (b) Carbon Pollution Regulation for Modified, Reconstructed, and Existing Power Plants. To ensure continued progress in reducing harmful carbon pollution, I direct you to use your authority under sections 111(b) and 111(d) of the Clean Air Act to issue standards, regulations, or guidelines, as appropriate, that address carbon pollution from modified, reconstructed, and existing power plants and build on State efforts to move toward a cleaner power sector. In addition, I request that you:
  (i) issue proposed carbon pollution standards, regulations, or guidelines, as appropriate, for modified, reconstructed, and existing power plants by no later than June 1, 2014;
  (ii) issue final standards, regulations, or guidelines, as appropriate, for modified, reconstructed, and existing power plants by no later than June 1, 2015; and
  (iii) include in the guidelines addressing existing power plants a requirement that States submit to EPA the implementation plans required under section 111(d) of the Clean Air Act and its implementing regulations by no later than June 30, 2016.
  (c) Development of Standards, Regulations, or Guidelines for Power Plants. In developing standards, regulations, or guidelines pursuant to subsection (b) of this section, and consistent with Executive Orders 12866 of September 30, 1993, as amended, and 13563 of January 18, 2011, you shall ensure, to the greatest extent possible, that you:
  (i) launch this effort through direct engagement with States, as they will play a central role in establishing and implementing standards for existing power plants, and, at the same time, with leaders in the power sector, labor leaders, non-governmental organizations, other experts, tribal officials, other stakeholders, and members of the public, on issues informing the design of the program;
  (ii) consistent with achieving regulatory objectives and taking into account other relevant environmental regulations and policies that affect the power sector, tailor regulations and guidelines to reduce costs;
  (iii) develop approaches that allow the use of market-based instruments, performance standards, and other regulatory flexibilities;
  (iv) ensure that the standards enable continued reliance on a range of energy sources and technologies;
  (v) ensure that the standards are developed and implemented in a manner consistent with the continued provision of reliable and affordable electric power for consumers and businesses; and
  (vi) work with the Department of Energy and other Federal and State agencies to promote the reliable and affordable provision of electric power through the continued development and deployment of cleaner technologies and by increasing energy efficiency, including through stronger appliance efficiency standards and other measures.
  Sec. 2. General Provisions. (a) This memorandum shall be implemented consistent with applicable law, including international trade obligations, and subject to the availability of appropriations.
  (b) Nothing in this memorandum shall be construed to impair or otherwise affect:
  (i) the authority granted by law to a department, agency, or the head thereof; or
  (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
  (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
  (d) You are hereby authorized and directed to publish this memorandum in the Federal Register.
  BARACK OBAMA
Remarks by the President on Climate Change
  Link to Article
  Archived Version
  Source: White House.gov Press Office Feed
  Wed, 26 Jun 2013 00:14
  The White House
  Office of the Press Secretary
  For Immediate Release
  June 25, 2013
  Georgetown UniversityWashington, D.C.
  1:45 P.M. EDT
  THE PRESIDENT: Thank you! (Applause.) Thank you, Georgetown! Thank you so much. Everybody, please be seated. And my first announcement today is that you should all take off your jackets. (Laughter.) I'm going to do the same. (Applause.) It's not that sexy, now. (Laughter.)
  It is good to be back on campus, and it is a great privilege to speak from the steps of this historic hall that welcomed Presidents going back to George Washington.
  I want to thank your president, President DeGioia, who's here today. (Applause.) I want to thank him for hosting us. I want to thank the many members of my Cabinet and my administration. I want to thank Leader Pelosi and the members of Congress who are here. We are very grateful for their support.
  And I want to say thank you to the Hoyas in the house for having me back. (Applause.) It was important for me to speak directly to your generation, because the decisions that we make now and in the years ahead will have a profound impact on the world that all of you inherit.
  On Christmas Eve, 1968, the astronauts of Apollo 8 did a live broadcast from lunar orbit. So Frank Borman, Jim Lovell, William Anders -- the first humans to orbit the moon -'' described what they saw, and they read Scripture from the Book of Genesis to the rest of us back here. And later that night, they took a photo that would change the way we see and think about our world.
  It was an image of Earth -'' beautiful; breathtaking; a glowing marble of blue oceans, and green forests, and brown mountains brushed with white clouds, rising over the surface of the moon.
  And while the sight of our planet from space might seem routine today, imagine what it looked like to those of us seeing our home, our planet, for the first time. Imagine what it looked like to children like me. Even the astronauts were amazed. ''It makes you realize,'' Lovell would say, ''just what you have back there on Earth.''
  And around the same time we began exploring space, scientists were studying changes taking place in the Earth's atmosphere. Now, scientists had known since the 1800s that greenhouse gases like carbon dioxide trap heat, and that burning fossil fuels release those gases into the air. That wasn't news. But in the late 1950s, the National Weather Service began measuring the levels of carbon dioxide in our atmosphere, with the worry that rising levels might someday disrupt the fragile balance that makes our planet so hospitable. And what they've found, year after year, is that the levels of carbon pollution in our atmosphere have increased dramatically.
  That science, accumulated and reviewed over decades, tells us that our planet is changing in ways that will have profound impacts on all of humankind.
  The 12 warmest years in recorded history have all come in the last 15 years. Last year, temperatures in some areas of the ocean reached record highs, and ice in the Arctic shrank to its smallest size on record -- faster than most models had predicted it would. These are facts.
  Now, we know that no single weather event is caused solely by climate change. Droughts and fires and floods, they go back to ancient times. But we also know that in a world that's warmer than it used to be, all weather events are affected by a warming planet. The fact that sea level in New York, in New York Harbor, are now a foot higher than a century ago -- that didn't cause Hurricane Sandy, but it certainly contributed to the destruction that left large parts of our mightiest city dark and underwater.
  The potential impacts go beyond rising sea levels. Here at home, 2012 was the warmest year in our history. Midwest farms were parched by the worst drought since the Dust Bowl, and then drenched by the wettest spring on record. Western wildfires scorched an area larger than the state of Maryland. Just last week, a heat wave in Alaska shot temperatures into the 90s.
  And we know that the costs of these events can be measured in lost lives and lost livelihoods, lost homes, lost businesses, hundreds of billions of dollars in emergency services and disaster relief. In fact, those who are already feeling the effects of climate change don't have time to deny it -- they're busy dealing with it. Firefighters are braving longer wildfire seasons, and states and federal governments have to figure out how to budget for that. I had to sit on a meeting with the Department of Interior and Agriculture and some of the rest of my team just to figure out how we're going to pay for more and more expensive fire seasons.
  Farmers see crops wilted one year, washed away the next; and the higher food prices get passed on to you, the American consumer. Mountain communities worry about what smaller snowpacks will mean for tourism -- and then, families at the bottom of the mountains wonder what it will mean for their drinking water. Americans across the country are already paying the price of inaction in insurance premiums, state and local taxes, and the costs of rebuilding and disaster relief.
  So the question is not whether we need to act. The overwhelming judgment of science -- of chemistry and physics and millions of measurements -- has put all that to rest. Ninety-seven percent of scientists, including, by the way, some who originally disputed the data, have now put that to rest. They've acknowledged the planet is warming and human activity is contributing to it.
  So the question now is whether we will have the courage to act before it's too late. And how we answer will have a profound impact on the world that we leave behind not just to you, but to your children and to your grandchildren.
  As a President, as a father, and as an American, I'm here to say we need to act. (Applause.)
  I refuse to condemn your generation and future generations to a planet that's beyond fixing. And that's why, today, I'm announcing a new national climate action plan, and I'm here to enlist your generation's help in keeping the United States of America a leader -- a global leader -- in the fight against climate change.
  This plan builds on progress that we've already made. Last year, I took office -- the year that I took office, my administration pledged to reduce America's greenhouse gas emissions by about 17 percent from their 2005 levels by the end of this decade. And we rolled up our sleeves and we got to work. We doubled the electricity we generated from wind and the sun. We doubled the mileage our cars will get on a gallon of gas by the middle of the next decade. (Applause.)
  Here at Georgetown, I unveiled my strategy for a secure energy future. And thanks to the ingenuity of our businesses, we're starting to produce much more of our own energy. We're building the first nuclear power plants in more than three decades -- in Georgia and South Carolina. For the first time in 18 years, America is poised to produce more of our own oil than we buy from other nations. And today, we produce more natural gas than anybody else. So we're producing energy. And these advances have grown our economy, they've created new jobs, they can't be shipped overseas -- and, by the way, they've also helped drive our carbon pollution to its lowest levels in nearly 20 years. Since 2006, no country on Earth has reduced its total carbon pollution by as much as the United States of America. (Applause.)
  So it's a good start. But the reason we're all here in the heat today is because we know we've got more to do.
  In my State of the Union address, I urged Congress to come up with a bipartisan, market-based solution to climate change, like the one that Republican and Democratic senators worked on together a few years ago. And I still want to see that happen. I'm willing to work with anyone to make that happen.
  But this is a challenge that does not pause for partisan gridlock. It demands our attention now. And this is my plan to meet it -- a plan to cut carbon pollution; a plan to protect our country from the impacts of climate change; and a plan to lead the world in a coordinated assault on a changing climate. (Applause.)
  This plan begins with cutting carbon pollution by changing the way we use energy -- using less dirty energy, using more clean energy, wasting less energy throughout our economy.
  Forty-three years ago, Congress passed a law called the Clean Air Act of 1970. (Applause.) It was a good law. The reasoning behind it was simple: New technology can protect our health by protecting the air we breathe from harmful pollution. And that law passed the Senate unanimously. Think about that -- it passed the Senate unanimously. It passed the House of Representatives 375 to 1. I don't know who the one guy was -- I haven't looked that up. (Laughter.) You can barely get that many votes to name a post office these days. (Laughter.)
  It was signed into law by a Republican President. It was later strengthened by another Republican President. This used to be a bipartisan issue.
  Six years ago, the Supreme Court ruled that greenhouse gases are pollutants covered by that same Clean Air Act. (Applause.) And they required the Environmental Protection Agency, the EPA, to determine whether they're a threat to our health and welfare. In 2009, the EPA determined that they are a threat to both our health and our welfare in many different ways -- from dirtier air to more common heat waves -- and, therefore, subject to regulation.
  Today, about 40 percent of America's carbon pollution comes from our power plants. But here's the thing: Right now, there are no federal limits to the amount of carbon pollution that those plants can pump into our air. None. Zero. We limit the amount of toxic chemicals like mercury and sulfur and arsenic in our air or our water, but power plants can still dump unlimited amounts of carbon pollution into the air for free. That's not right, that's not safe, and it needs to stop. (Applause.)
  So today, for the sake of our children, and the health and safety of all Americans, I'm directing the Environmental Protection Agency to put an end to the limitless dumping of carbon pollution from our power plants, and complete new pollution standards for both new and existing power plants. (Applause.)
  I'm also directing the EPA to develop these standards in an open and transparent way, to provide flexibility to different states with different needs, and build on the leadership that many states, and cities, and companies have already shown. In fact, many power companies have already begun modernizing their plants, and creating new jobs in the process. Others have shifted to burning cleaner natural gas instead of dirtier fuel sources.
  Nearly a dozen states have already implemented or are implementing their own market-based programs to reduce carbon pollution. More than 25 have set energy efficiency targets. More than 35 have set renewable energy targets. Over 1,000 mayors have signed agreements to cut carbon pollution. So the idea of setting higher pollution standards for our power plants is not new. It's just time for Washington to catch up with the rest of the country. And that's what we intend to do. (Applause.)
  Now, what you'll hear from the special interests and their allies in Congress is that this will kill jobs and crush the economy, and basically end American free enterprise as we know it. And the reason I know you'll hear those things is because that's what they said every time America sets clear rules and better standards for our air and our water and our children's health. And every time, they've been wrong.
  For example, in 1970, when we decided through the Clean Air Act to do something about the smog that was choking our cities -- and, by the way, most young people here aren't old enough to remember what it was like, but when I was going to school in 1979-1980 in Los Angeles, there were days where folks couldn't go outside. And the sunsets were spectacular because of all the pollution in the air.
  But at the time when we passed the Clean Air Act to try to get rid of some of this smog, some of the same doomsayers were saying new pollution standards will decimate the auto industry. Guess what -- it didn't happen. Our air got cleaner.
  In 1990, when we decided to do something about acid rain, they said our electricity bills would go up, the lights would go off, businesses around the country would suffer -- I quote -- ''a quiet death.'' None of it happened, except we cut acid rain dramatically.
  See, the problem with all these tired excuses for inaction is that it suggests a fundamental lack of faith in American business and American ingenuity. (Applause.) These critics seem to think that when we ask our businesses to innovate and reduce pollution and lead, they can't or they won't do it. They'll just kind of give up and quit. But in America, we know that's not true. Look at our history.
  When we restricted cancer-causing chemicals in plastics and leaded fuel in our cars, it didn't end the plastics industry or the oil industry. American chemists came up with better substitutes. When we phased out CFCs -- the gases that were depleting the ozone layer -- it didn't kill off refrigerators or air-conditioners or deodorant. (Laughter.) American workers and businesses figured out how to do it better without harming the environment as much.
  The fuel standards that we put in place just a few years ago didn't cripple automakers. The American auto industry retooled, and today, our automakers are selling the best cars in the world at a faster rate than they have in five years -- with more hybrid, more plug-in, more fuel-efficient cars for everybody to choose from. (Applause.)
  So the point is, if you look at our history, don't bet against American industry. Don't bet against American workers. Don't tell folks that we have to choose between the health of our children or the health of our economy. (Applause.)
  The old rules may say we can't protect our environment and promote economic growth at the same time, but in America, we've always used new technologies -- we've used science; we've used research and development and discovery to make the old rules obsolete.
  Today, we use more clean energy ''- more renewables and natural gas -'' which is supporting hundreds of thousands of good jobs. We waste less energy, which saves you money at the pump and in your pocketbooks. And guess what -- our economy is 60 percent bigger than it was 20 years ago, while our carbon emissions are roughly back to where they were 20 years ago.
  So, obviously, we can figure this out. It's not an either/or; it's a both/and. We've got to look after our children; we have to look after our future; and we have to grow the economy and create jobs. We can do all of that as long as we don't fear the future; instead we seize it. (Applause.)
  And, by the way, don't take my word for it -- recently, more than 500 businesses, including giants like GM and Nike, issued a Climate Declaration, calling action on climate change ''one of the great economic opportunities of the 21st century.'' Walmart is working to cut its carbon pollution by 20 percent and transition completely to renewable energy. (Applause.) Walmart deserves a cheer for that. (Applause.) But think about it. Would the biggest company, the biggest retailer in America -- would they really do that if it weren't good for business, if it weren't good for their shareholders?
  A low-carbon, clean energy economy can be an engine of growth for decades to come. And I want America to build that engine. I want America to build that future -- right here in the United States of America. That's our task. (Applause.)
  Now, one thing I want to make sure everybody understands -- this does not mean that we're going to suddenly stop producing fossil fuels. Our economy wouldn't run very well if it did. And transitioning to a clean energy economy takes time. But when the doomsayers trot out the old warnings that these ambitions will somehow hurt our energy supply, just remind them that America produced more oil than we have in 15 years. What is true is that we can't just drill our way out of the energy and climate challenge that we face. (Applause.) That's not possible.
  I put forward in the past an all-of-the-above energy strategy, but our energy strategy must be about more than just producing more oil. And, by the way, it's certainly got to be about more than just building one pipeline. (Applause.)
  Now, I know there's been, for example, a lot of controversy surrounding the proposal to build a pipeline, the Keystone pipeline, that would carry oil from Canadian tar sands down to refineries in the Gulf. And the State Department is going through the final stages of evaluating the proposal. That's how it's always been done. But I do want to be clear: Allowing the Keystone pipeline to be built requires a finding that doing so would be in our nation's interest. And our national interest will be served only if this project does not significantly exacerbate the problem of carbon pollution. (Applause.) The net effects of the pipeline's impact on our climate will be absolutely critical to determining whether this project is allowed to go forward. It's relevant.
  Now, even as we're producing more domestic oil, we're also producing more cleaner-burning natural gas than any other country on Earth. And, again, sometimes there are disputes about natural gas, but let me say this: We should strengthen our position as the top natural gas producer because, in the medium term at least, it not only can provide safe, cheap power, but it can also help reduce our carbon emissions.
  Federally supported technology has helped our businesses drill more effectively and extract more gas. And now, we'll keep working with the industry to make drilling safer and cleaner, to make sure that we're not seeing methane emissions, and to put people to work modernizing our natural gas infrastructure so that we can power more homes and businesses with cleaner energy.
  The bottom line is natural gas is creating jobs. It's lowering many families' heat and power bills. And it's the transition fuel that can power our economy with less carbon pollution even as our businesses work to develop and then deploy more of the technology required for the even cleaner energy economy of the future.
  And that brings me to the second way that we're going to reduce carbon pollution -- by using more clean energy. Over the past four years, we've doubled the electricity that we generate from zero-carbon wind and solar power. (Applause.) And that means jobs -- jobs manufacturing the wind turbines that now generate enough electricity to power nearly 15 million homes; jobs installing the solar panels that now generate more than four times the power at less cost than just a few years ago.
  I know some Republicans in Washington dismiss these jobs, but those who do need to call home -- because 75 percent of all wind energy in this country is generated in Republican districts. (Laughter.) And that may explain why last year, Republican governors in Kansas and Oklahoma and Iowa -- Iowa, by the way, a state that harnesses almost 25 percent of its electricity from the wind -- helped us in the fight to extend tax credits for wind energy manufacturers and producers. (Applause.) Tens of thousands good jobs were on the line, and those jobs were worth the fight.
  And countries like China and Germany are going all in in the race for clean energy. I believe Americans build things better than anybody else. I want America to win that race, but we can't win it if we're not in it. (Applause.)
  So the plan I'm announcing today will help us double again our energy from wind and sun. Today, I'm directing the Interior Department to green light enough private, renewable energy capacity on public lands to power more than 6 million homes by 2020. (Applause.)
  The Department of Defense -- the biggest energy consumer in America -- will install 3 gigawatts of renewable power on its bases, generating about the same amount of electricity each year as you'd get from burning 3 million tons of coal. (Applause.)
  And because billions of your tax dollars continue to still subsidize some of the most profitable corporations in the history of the world, my budget once again calls for Congress to end the tax breaks for big oil companies, and invest in the clean-energy companies that will fuel our future. (Applause.)
  Now, the third way to reduce carbon pollution is to waste less energy -- in our cars, our homes, our businesses. The fuel standards we set over the past few years mean that by the middle of the next decade, the cars and trucks we buy will go twice as far on a gallon of gas. That means you'll have to fill up half as often; we'll all reduce carbon pollution. And we built on that success by setting the first-ever standards for heavy-duty trucks and buses and vans. And in the coming months, we'll partner with truck makers to do it again for the next generation of vehicles.
  Meanwhile, the energy we use in our homes and our businesses and our factories, our schools, our hospitals -- that's responsible for about one-third of our greenhouse gases. The good news is simple upgrades don't just cut that pollution; they put people to work -- manufacturing and installing smarter lights and windows and sensors and appliances. And the savings show up in our electricity bills every month -- forever. That's why we've set new energy standards for appliances like refrigerators and dishwashers. And today, our businesses are building better ones that will also cut carbon pollution and cut consumers' electricity bills by hundreds of billions of dollars.
  That means, by the way, that our federal government also has to lead by example. I'm proud that federal agencies have reduced their greenhouse gas emissions by more than 15 percent since I took office. But we can do even better than that. So today, I'm setting a new goal: Your federal government will consume 20 percent of its electricity from renewable sources within the next seven years. We are going to set that goal. (Applause.)
  We'll also encourage private capital to get off the sidelines and get into these energy-saving investments. And by the end of the next decade, these combined efficiency standards for appliances and federal buildings will reduce carbon pollution by at least three billion tons. That's an amount equal to what our entire energy sector emits in nearly half a year.
  So I know these standards don't sound all that sexy, but think of it this way: That's the equivalent of planting 7.6 billion trees and letting them grow for 10 years -- all while doing the dishes. It is a great deal and we need to be doing it. (Applause.)
  So using less dirty energy, transitioning to cleaner sources of energy, wasting less energy through our economy is where we need to go. And this plan will get us there faster. But I want to be honest -- this will not get us there overnight. The hard truth is carbon pollution has built up in our atmosphere for decades now. And even if we Americans do our part, the planet will slowly keep warming for some time to come. The seas will slowly keep rising and storms will get more severe, based on the science. It's like tapping the brakes of a car before you come to a complete stop and then can shift into reverse. It's going to take time for carbon emissions to stabilize.
  So in the meantime, we're going to need to get prepared. And that's why this plan will also protect critical sectors of our economy and prepare the United States for the impacts of climate change that we cannot avoid. States and cities across the country are already taking it upon themselves to get ready. Miami Beach is hardening its water supply against seeping saltwater. We're partnering with the state of Florida to restore Florida's natural clean water delivery system -- the Everglades. The overwhelmingly Republican legislature in Texas voted to spend money on a new water development bank as a long-running drought cost jobs and forced a town to truck in water from the outside.
  New York City is fortifying its 520 miles of coastline as an insurance policy against more frequent and costly storms. And what we've learned from Hurricane Sandy and other disasters is that we've got to build smarter, more resilient infrastructure that can protect our homes and businesses, and withstand more powerful storms. That means stronger seawalls, natural barriers, hardened power grids, hardened water systems, hardened fuel supplies.
  So the budget I sent Congress includes funding to support communities that build these projects, and this plan directs federal agencies to make sure that any new project funded with taxpayer dollars is built to withstand increased flood risks.
  And we'll partner with communities seeking help to prepare for droughts and floods, reduce the risk of wildfires, protect the dunes and wetlands that pull double duty as green space and as natural storm barriers. And we'll also open our climate data and NASA climate imagery to the public, to make sure that cities and states assess risk under different climate scenarios, so that we don't waste money building structures that don't withstand the next storm.
  So that's what my administration will do to support the work already underway across America, not only to cut carbon pollution, but also to protect ourselves from climate change. But as I think everybody here understands, no nation can solve this challenge alone -- not even one as powerful as ours. And that's why the final part of our plan calls on America to lead -- lead international efforts to combat a changing climate. (Applause.)
  And make no mistake -- the world still looks to America to lead. When I spoke to young people in Turkey a few years ago, the first question I got wasn't about the challenges that part of the world faces. It was about the climate challenge that we all face, and America's role in addressing it. And it was a fair question, because as the world's largest economy and second-largest carbon emitter, as a country with unsurpassed ability to drive innovation and scientific breakthroughs, as the country that people around the world continue to look to in times of crisis, we've got a vital role to play. We can't stand on the sidelines. We've got a unique responsibility. And the steps that I've outlined today prove that we're willing to meet that responsibility.
  Though all America's carbon pollution fell last year, global carbon pollution rose to a record high. That's a problem. Developing countries are using more and more energy, and tens of millions of people entering a global middle class naturally want to buy cars and air-conditioners of their own, just like us. Can't blame them for that. And when you have conversations with poor countries, they'll say, well, you went through these stages of development -- why can't we?
  But what we also have to recognize is these same countries are also more vulnerable to the effects of climate change than we are. They don't just have as much to lose, they probably have more to lose.
  Developing nations with some of the fastest-rising levels of carbon pollution are going to have to take action to meet this challenge alongside us. They're watching what we do, but we've got to make sure that they're stepping up to the plate as well. We compete for business with them, but we also share a planet. And we have to all shoulder the responsibility for keeping the planet habitable, or we're going to suffer the consequences -- together.
  So to help more countries transitioning to cleaner sources of energy and to help them do it faster, we're going to partner with our private sector to apply private sector technological know-how in countries that transition to natural gas. We've mobilized billions of dollars in private capital for clean energy projects around the world.
  Today, I'm calling for an end of public financing for new coal plants overseas -- (applause) -- unless they deploy carbon-capture technologies, or there's no other viable way for the poorest countries to generate electricity. And I urge other countries to join this effort.
  And I'm directing my administration to launch negotiations toward global free trade in environmental goods and services, including clean energy technology, to help more countries skip past the dirty phase of development and join a global low-carbon economy. They don't have to repeat all the same mistakes that we made. (Applause.)
  We've also intensified our climate cooperation with major emerging economies like India and Brazil, and China -- the world's largest emitter. So, for example, earlier this month, President Xi of China and I reached an important agreement to jointly phase down our production and consumption of dangerous hydrofluorocarbons, and we intend to take more steps together in the months to come. It will make a difference. It's a significant step in the reduction of carbon emissions. (Applause.)
  And finally, my administration will redouble our efforts to engage our international partners in reaching a new global agreement to reduce carbon pollution through concrete action. (Applause.)
  Four years ago, in Copenhagen, every major country agreed, for the first time, to limit carbon pollution by 2020. Two years ago, we decided to forge a new agreement beyond 2020 that would apply to all countries, not just developed countries.
  What we need is an agreement that's ambitious -- because that's what the scale of the challenge demands. We need an inclusive agreement -'' because every country has to play its part. And we need an agreement that's flexible -- because different nations have different needs. And if we can come together and get this right, we can define a sustainable future for your generation.
  So that's my plan. (Applause.) The actions I've announced today should send a strong signal to the world that America intends to take bold action to reduce carbon pollution. We will continue to lead by the power of our example, because that's what the United States of America has always done.
  I am convinced this is the fight America can, and will, lead in the 21st century. And I'm convinced this is a fight that America must lead. But it will require all of us to do our part. We'll need scientists to design new fuels, and we'll need farmers to grow new fuels. We'll need engineers to devise new technologies, and we'll need businesses to make and sell those technologies. We'll need workers to operate assembly lines that hum with high-tech, zero-carbon components, but we'll also need builders to hammer into place the foundations for a new clean energy era.
  We're going to need to give special care to people and communities that are unsettled by this transition -- not just here in the United States but around the world. And those of us in positions of responsibility, we'll need to be less concerned with the judgment of special interests and well-connected donors, and more concerned with the judgment of posterity. (Applause.) Because you and your children, and your children's children, will have to live with the consequences of our decisions.
  As I said before, climate change has become a partisan issue, but it hasn't always been. It wasn't that long ago that Republicans led the way on new and innovative policies to tackle these issues. Richard Nixon opened the EPA. George H.W. Bush declared -- first U.S. President to declare -- ''human activities are changing the atmosphere in unexpected and unprecedented ways.'' Someone who never shies away from a challenge, John McCain, introduced a market-based cap-and-trade bill to slow carbon pollution.
  The woman that I've chosen to head up the EPA, Gina McCarthy, she's worked -- (applause) -- she's terrific. Gina has worked for the EPA in my administration, but she's also worked for five Republican governors. She's got a long track record of working with industry and business leaders to forge common-sense solutions. Unfortunately, she's being held up in the Senate. She's been held up for months, forced to jump through hoops no Cabinet nominee should ever have to ''- not because she lacks qualifications, but because there are too many in the Republican Party right now who think that the Environmental Protection Agency has no business protecting our environment from carbon pollution. The Senate should confirm her without any further obstruction or delay. (Applause.) But more broadly, we've got to move beyond partisan politics on this issue. I want to be clear -- I am willing to work with anybody ''- Republicans, Democrats, independents, libertarians, greens -'' anybody -- to combat this threat on behalf of our kids. I am open to all sorts of new ideas, maybe better ideas, to make sure that we deal with climate change in a way that promotes jobs and growth.
  Nobody has a monopoly on what is a very hard problem, but I don't have much patience for anyone who denies that this challenge is real. (Applause.) We don't have time for a meeting of the Flat Earth Society. (Applause.) Sticking your head in the sand might make you feel safer, but it's not going to protect you from the coming storm. And ultimately, we will be judged as a people, and as a society, and as a country on where we go from here.
  Our founders believed that those of us in positions of power are elected not just to serve as custodians of the present, but as caretakers of the future. And they charged us to make decisions with an eye on a longer horizon than the arc of our own political careers. That's what the American people expect. That's what they deserve.
  And someday, our children, and our children's children, will look at us in the eye and they'll ask us, did we do all that we could when we had the chance to deal with this problem and leave them a cleaner, safer, more stable world? And I want to be able to say, yes, we did. Don't you want that? (Applause.)
  Americans are not a people who look backwards; we're a people who look forward. We're not a people who fear what the future holds; we shape it. What we need in this fight are citizens who will stand up, and speak up, and compel us to do what this moment demands.
  Understand this is not just a job for politicians. So I'm going to need all of you to educate your classmates, your colleagues, your parents, your friends. Tell them what's at stake. Speak up at town halls, church groups, PTA meetings. Push back on misinformation. Speak up for the facts. Broaden the circle of those who are willing to stand up for our future. (Applause.)
  Convince those in power to reduce our carbon pollution. Push your own communities to adopt smarter practices. Invest. Divest. (Applause.) Remind folks there's no contradiction between a sound environment and strong economic growth. And remind everyone who represents you at every level of government that sheltering future generations against the ravages of climate change is a prerequisite for your vote. Make yourself heard on this issue. (Applause.)
  I understand the politics will be tough. The challenge we must accept will not reward us with a clear moment of victory. There's no gathering army to defeat. There's no peace treaty to sign. When President Kennedy said we'd go to the moon within the decade, we knew we'd build a spaceship and we'd meet the goal. Our progress here will be measured differently -- in crises averted, in a planet preserved. But can we imagine a more worthy goal? For while we may not live to see the full realization of our ambition, we will have the satisfaction of knowing that the world we leave to our children will be better off for what we did.
  ''It makes you realize,'' that astronaut said all those years ago, ''just what you have back there on Earth.'' And that image in the photograph, that bright blue ball rising over the moon's surface, containing everything we hold dear -- the laughter of children, a quiet sunset, all the hopes and dreams of posterity -- that's what's at stake. That's what we're fighting for. And if we remember that, I'm absolutely sure we'll succeed.
  Thank you. God bless you. God bless the United States of America. (Applause.)
  END2:32 P.M. EDT
Zimmerman
  Link to Article
  Archived Version
  Tue, 25 Jun 2013 23:15
  George Zimmerman Trial: Jurors see graphic photos of Trayvon Martin's bodyJune 25, 2013
  On Tuesday June 25, 2013, the prosecution showed the jury photos of Trayvon Martin from the night of Feb. 26, 2012 - including this one of his covered body - after he was fatally shot by George Zimmerman./ Gary W. Green-Pool/Getty Images (CBS) SANFORD, Fla. - Jurors saw graphic photos of Trayvon Martin's body in court Tuesday afternoon as a police sergeant described responding to the scene of his shooting last year in a Sanford, Fla., gated community.PICTURES: George Zimmerman crime scene photosREAD: Trayvon Martin Shooting: A timeline of eventsSanford police Sgt. Anthony Raimondo described seeing
How We Will Crush CNN
  Link to Article
  Archived Version
  Tue, 25 Jun 2013 18:57
  The Young Turks is the largest online news show in the world. We have just crossed the Million/Billion mark. We have over one million subscribers and one billion views on our YouTube channel. There are only 25 non-music channels in the Million/Billion Club. We are the only news channel in the group.
  The average age of CNN's audience is 68. Isn't that amazing? The average CNN viewer is retired. When you go over to Fox News, it's even worse. The average O'Reilly viewer is 71! Only 12 percent of his audience is in the coveted 25-54 age bracket (this is the demo that advertisers find appealing, so everyone on cable news cares more about this number than anything else). This so-called big shot is basically doing his show out of a senior citizens center. 71!!!
  Even the youngest skewing show on MSNBC, All In with Chris Hayes, only has about 33 percent of its audience in the 25-54 demo. Everyone else does worse or much, much worse. Cable news is literally ancient.
  So, I am greatly amused when CNN keeps rearranging the chairs on the deck of the Titanic. Ohhh, they brought in Chris Cuomo for the morning show! Whoop dee doo! What is this 1985, where a so-called star will help your morning show and the rest of your lineup will take-off from there? This is so unbelievably antiquated.
  First, almost no one in TV news is a star. TV has made everyone so vanilla it's nearly impossible to tell one anchor apart from another. Quick, tell me the difference between John King and Wolf Blitzer? You said "the beard," right?
  Second, the idea of a doing a standard-bearer morning show that's basically so general that it's supposed to appeal to all of America is a concept that is a couple of decades too late. Now, all of media is an ocean. When it was a pool and the audience had limited options, Katie Couric's winning smile could make a difference. You would swim toward that end of the pool since there were only three channels to choose from. Now, you're winning smile is lost in the middle of an ocean and no one sees it. You actually have to stand out, not do the same old boring crap.
  It is inconceivable that CNN's morning show or any other show could be anything but horribly boring. Why? Because they won't let anyone take risks. Everyone's drowning in vanilla. If you're a nail that sticks out, you get the hammer. They perceive their brand to be super safe. Well, super safe is super boring.
  So, the new CNN morning show debuted to 95,000 viewers in the 25-54 "money" demo. Ouch. To give you a sense of perspective, TYT Network gets 50 million views a month on YouTube alone. That's well over 1.5 million views a day. But let's be fair and just consider the main show -- The Young Turks. That gets about 30 million views a month. That's one million views a day. What percentage of our viewers are in the 25-54 demo? 61 percent!
  So, that's 610,000 younger viewers a day for our show and 95,000 for them. But it really doesn't matter what CNN show you put us up against, we crush them all. And the morning show's numbers were for its first day. Usually programs go down in numbers after the initial first day interest. On the other hand, the numbers for our show are climbing every single day. Have you heard that viewers are migrating over to online media? Well, they're already here.
  Half of CNN's audience is above the age of 68. Do you know what percentage of our audience is above 65 years old? 3 percent. Which side of that equation would you rather be on?
  Now, can you begin to see why I feel bad for CNN?
  Yes, right now they are worth billions of dollars and we are not. But the handwriting is on the wall. Their ship is too big, too costly and too slow. They couldn't turn that ship around even if they wanted to, and besides, they've already hit the iceberg. Tick, tock. Tick, tock. If you're in this new media ocean, whose boat would you rather be in?
  It's only a matter of time. CNN -- see you, wouldn't wanna be you. Literally.
  Watch The Young Turks Here
  Follow Cenk Uygur on Twitter: www.twitter.com/CenkUygur
Fact Sheet: President Obama's Climate Action Plan
  Link to Article
  Archived Version
  Tue, 25 Jun 2013 17:40
  The White House
  Office of the Press Secretary
  For Immediate Release
  June 25, 2013
  President Obama's Plan to Cut Carbon PollutionTaking Action for Our Kids
  We have a moral obligation to leave our children a planet that's not polluted or damaged, and by taking an all- of-the-above approach to develop homegrown energy and steady, responsible steps to cut carbon pollution, we can protect our kids' health and begin to slow the effects of climate change so we leave a cleaner, more stable environment for future generations. Building on efforts underway in states and communities across the country, the President's plan cuts carbon pollution that causes climate change and threatens public health. Today, we have limits in place for arsenic, mercury and lead, but we let power plants release as much carbon pollution as they want '' pollution that is contributing to higher rates of asthma attacks and more frequent and severe floods and heat waves.
  Cutting carbon pollution will help keep our air and water clean and protect our kids. The President's plan will also spark innovation across a wide variety of energy technologies, resulting in cleaner forms of American- made energy and cutting our dependence on foreign oil. Combined with the President's other actions to increase the efficiency of our cars and household appliances, the President's plan will help American families cut energy waste, lowering their gas and utility bills. In addition, the plan steps up our global efforts to lead on climate change and invests to strengthen our roads, bridges, and shorelines so we can better protect people's homes, businesses, and way of life from severe weather.
  While no single step can reverse the effects of climate change, we have a moral obligation to act on behalf of future generations. Climate change represents one of the major challenges of the 21st century, but as a nation of innovators, we can and will meet this challenge in a way that advances our economy, our environment, and public health all at the same time. That is why the President's comprehensive plan takes action to:
  Cuts Carbon Pollution in America. In 2012, U.S. carbon pollution from the energy sector fell to the lowest level in two decades even as the economy continued to grow. To build on this progress, the Obama Administration is putting in place tough new rules to cut carbon pollution'--just like we have for other toxins like mercury and arsenic '--so we protect the health of our children and move our economy toward American-made clean energy sources that will create good jobs and lower home energy bills. For example, the plan:
  Directs EPA to work closely with states, industry and other stakeholder to establish carbon pollution standards for both new and existing power plants;
  Makes up to $8 billion in loan guarantee authority available for a wide array of advanced fossil energy and efficiency projects to support investments in innovative technologies;
  Directs DOI to permit enough renewables project'--like wind and solar '' on public lands by 2020 to power more than 6 million homes; designates the first-ever hydropower project for priority permitting; and sets a new goal to install 100 megawatts of renewables on federally assisted housing by 2020; while maintaining the commitment to deploy renewables on military installations;
  Expands the President's Better Building Challenge, focusing on helping commercial, industrial, and multi-family buildings cut waste and become at least 20 percent more energy efficient by 2020;
  Sets a goal to reduce carbon pollution by at least 3 billion metric tons cumulatively by 2030 '' more than half of the annual carbon pollution from the U.S. energy sector '' through efficiency standards set over the course of the Administration for appliances and federal buildings;
  Commits to partnering with industry and stakeholders to develop fuel economy standards for heavy-duty vehicles to save families money at the pump and further reduce reliance on foreign oil and fuel consumption post-2018; and
  Leverages new opportunities to reduce pollution of highly-potent greenhouse gases known as hydrofluorocarbons; directs agencies to develop a comprehensive methane strategy; and commits to protect our forests and critical landscapes.
  Prepares the United States for the Impacts of Climate Change. Even as we take new steps to cut carbon pollution, we must also prepare for the impacts of a changing climate that are already being felt across the country. Building on progress over the last four years, the plan:
  Directs agencies to support local climate-resilient investment by removing barriers or counterproductive policies and modernizing programs; and establishes a short-term task force of state, local, and tribal officials to advise on key actions the Federal government can take to help strengthen communities on the ground;
  Pilots innovative strategies in the Hurricane Sandy-affected region to strengthen communities against future extreme weather and other climate impacts; and building on a new, consistent flood risk reduction standard established for the Sandy-affected region, agencies will update flood-risk reduction standards for all federally funded projects;
  Launches an effort to create sustainable and resilient hospitals in the face of climate change through a public-private partnership with the healthcare industry;
  Maintains agricultural productivity by delivering tailored, science-based knowledge to farmers, ranchers, and landowners; and helps communities prepare for drought and wildfire by launching a National Drought Resilience Partnership and by expanding and prioritizing forest- and rangeland- restoration efforts to make areas less vulnerable to catastrophic fire; and
  Provides climate preparedness tools and information needed by state, local, and private-sector leaders through a centralized ''toolkit'' and a new Climate Data Initiative.
  Lead International Efforts to Address Global Climate Change. Just as no country is immune from the impacts of climate change, no country can meet this challenge alone. That is why it is imperative for the United States to couple action at home with leadership internationally. America must help forge a truly global solution to this global challenge by galvanizing international action to significantly reduce emissions, prepare for climate impacts, and drive progress through the international negotiations. For example, the plan:
  Commits to expand major new and existing international initiatives, including bilateral initiatives with China, India, and other major emitting countries;
  Leads global sector public financing towards cleaner energy by calling for the end of U.S. government support for public financing of new coal-fired powers plants overseas, except for the most efficient coal technology available in the world's poorest countries, or facilities deploying carbon capture and sequestration technologies; and
  Strengthens global resilience to climate change by expanding government and local community planning and response capacities.
  Download the Full PDF ReportView the Infographic
A soldier's last words'....
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  Source: Northeast Intelligence Network
  Tue, 25 Jun 2013 17:35
  By Douglas J. Hagmann
  25 June 2013: We have been inundated with e-mails asking us to read the very moving article published here, at Gawker.com, titled I'm sorry that it has come to this:A soldier's last words. The article, as people say, has gone ''vial'' over the internet '' as well it should. If you have not read it yet, please do so now, then return back here. I'll wait'...
  If that was your first exposure to this man's final thoughts and last words, how do you feel right now? Sad? Obviously. Angry? At who? Are you angry at the soldier who believed his only freedom from pain and anguish was to take his own life, for the anguish that his final earthly action might have caused his loved ones? Or are you angry at the system that seems to have failed him? Neither? Both?
  Regardless of your thoughts about suicide, think about some of his final words. Think hard and long. Every single day, we lose the same number of soldiers who have returned home from combat to suicide as the number of children who were killed in the Sandy Hook shooting. Something is terribly wrong '' systemically, not just on the surface. Political ideology will not save us from the spiritual bankruptcy we have chosen to embrace or tolerate. May God help us all.
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Coroner IDs body of journalist Michael Hastings
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  Tue, 25 Jun 2013 16:20
  LOS ANGELES '-- The Los Angeles County coroner's office confirmed Thursday that a body removed from the burned wreckage of a crashed car was that of Michael Mahon Hastings, the journalist whose reporting on U.S. Army Gen. Stanley McChrystal ultimately led to the resignation of the U.S. commander of coalition forces in Afghanistan.
  Coroner's Lt. Fred Corral said an autopsy was performed Wednesday but findings on the cause of death were deferred pending the results of toxicology tests expected in eight to 10 weeks.
  Hastings, 33, was identified by matching fingerprints to prints the FBI had on file, Corral said.
  Hastings' death in an unspecified Los Angeles car accident was announced Tuesday by his employer, the website BuzzFeed, but no details were released.
  The car hit a tree around 4:20 a.m. Tuesday and caught fire.
  Police Cmdr. Andrew Smith said there did not appear to be any foul play, but investigators were waiting for the coroner's findings.
Anger mounts after Facebook's 'shadow profiles' leak in bug | ZDNet
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  Tue, 25 Jun 2013 16:16
  Summary: Facebook said Friday it fixed a bug that exposed contact info for over six million accounts. The admission revealed its 'shadow profile' data collection activities, and users are furious. UPDATED.
  Friday Facebook announced the fix of a bug it said inadvertently exposed the private information of over six million users when Facebook's previously unknown shadow profiles accidentally merged with user accounts in data history record requests.
  According to Reuters, the data leak spanned a year beginning in 2012.
  Sunday, June 23, 8:15 PM PST: Updated at page bottom to reflect response statements from Facebook.
  The personal information leaked by the bug is information that had not been given to Facebook by the users - it is data Facebook has been compiling on its users behind closed doors, without their consent.
  A growing number of Facebook users are furious and demand to know who saw private information they had expressly not given to Facebook.
  Facebook was accidentally combining user's shadow profiles with their Facebook profiles and spitting the merged information out in one big clump to people they 'had some connection to' who downloaded an archive of their account with Facebook's Download Your Information (DYI) tool.
  According to the admissions in its blog, posted late Friday afternoon, Facebook appears to be obtaining users' offsite email address and phone numbers and attempting to match them to other accounts. It appears that the invisible collected information is then being stored in each user's 'shadow profile' that is somehow attached to accounts.
  Users were clearly unaware that offsite data about them was being collected, matched to them, and stored by Facebook.
  Looking at comments on Facebook's blog and community websites such as Hacker News, Facebook users are extremely angry that the phone numbers and email addresses that are not-for-sharing have been gathered and saved (and now accidentally shared) by Facebook.
  Facebook stated in its post yesterday that the bug was resolved, but Facebook users are telling a different story today in the comments.
  One man commented this afternoon, "I just downloaded the "extended backup" and I'm still viewing emails and phone numbers that are NOT PUBLIC!!!!"
  Facebook explained in its post that the bug shared information about a user that had been scraped from a source other than the personal data the user had ever entered into Facebook about themselves.
  The action of the bug is that if a user downloaded their own Facebook history, that user would also download email addresses and phone numbers of their friends that other people had in their address books, without their friends ever knowing Facebook had gathered and stored that information.
  This data is being gathered by Facebook about individuals through their friends' information about them - harvested when a user grants Facebook address book or contact list access.
  Facebook did not specify which app or contact database tool was utilized when collecting and matching offsite-sourced data about users.
  The social network said that it was harvesting and matching the offsite-sourced data to user profiles - creating these shadow profiles - "to better create friend suggestions" for the user.
  Facebook users are deftly reading between the lines. One commenter on Hacker News observed wisely,
  The blog says the fix was made in the DYI tool. That means they would continue to maintain "shadow profiles", but would stop letting others know that FB has a shadow profile on you.
  Facebook's post downplays the significance of the data breach by telling users that while six million accounts were exposed, very few people saw the personal phone and email data because it could only be seen when a user downloaded their Facebook history.
  The social giant assured users their shadow profiles were shared only with Facebook users they were somehow connected to,
  if a person went to download an archive of their Facebook account through our Download Your Information (DYI) tool, they may have been provided with additional email addresses or telephone numbers for their contacts or people with whom they have some connection.
  Facebook did not specify in its post what is meant by "somehow connected to" and comment speculation is attempting to fill in the gaps.
  According to Reuters, who spoke with a Facebook representative, the data was being exposed in this manner for about a year.
  What the revelation means is that Facebook has much more information on us than we know, it may not be accurate, and despite everyone's best efforts to keep Facebook from knowing our phone numbers or work email address, the social network is getting our not-for-sharing numbers and email addresses anyway by stealing them (albeit through 'legitimate' means) from our friends.
  The yearlong gap of exposure as described by Reuters creates a scenario of horrifying possibilities for any woman who has begin to experience harassment, abuse or stalking by an ex within the past year. Or, anyone being maliciously stalked and harassed by a tech-savvy aggressor (or a stalker's Facebook sock puppet) they may have accidentally friended over the past year.
  This could be remedied and harm would be greatly reduced if Facebook addressed and answered the growing demands of its users to know who has seen their non-Facebook private data.
  What it means for me is that even though I've been very careful not to give my phone number to Facebook or the men in my "friends," the guys I've 'friended' might have gotten my phone number anyway, regardless of my consent. I did not know they may have been able to get my phone number throughout the course of a year, and now I have no way of finding out who might have gotten my phone number.
  I am glad I've never used a Facebook app or allowed Facebook access to my contacts in any way whatsoever. (Yay paranoia.) The private numbers and emails of my friends and colleagues should remain exactly that: private.
  Facebook has officially stated that it does not know of any malicious use derived from the bug.
  This appears to be the first time Facebook has publicly admitted that users' shadow profiles contain more than native data (such as posts or information you deleted but are retained by Facebook) and also contain data that Facebook has harvested.
  Meanwhile, anger continues to rise on the Facebook post, and as of this writing there are no representatives from Facebook in the comments to quell the storm.
  UPDATE Sunday, June 23, 8:15 PM PST: In an email today from Facebook Policy Communications, ZDNet learned that concern about collection, storage and shadow profiling of contact data is the sole fault of users who failed to read (or remember) the Facebook policies they agreed to when they were getting started on Facebook.
  Facebook said that users should already know about the contact collection practices because they are told about it on this page. It states that their address book contacts will be saved to Facebook servers and stored, then used in cross-matching contact data to other users.
  (However, I'd be remiss not to point out that this page does not tell users they are agreeing to have this type of data collection done about them, as well.)
  Facebook did not directly answer my request for a statement in response to user anger regarding data being collected about them and attached to their accounts without their consent (the shadow profiles).
  In answer to this question, Facebook again directs users to re-read the "Finding Friends" section of Help Center > Get Started on Facebook.
  Facebook's emails did help to clarify some aspects of its users' shadow profiles - users' combined data.
  Facebook's representative told me that the data is not obtained through an app or database tool. Data about you is obtained by the seemingly innocuous voluntary actions on Facebook of people you know.
  In Facebook's explanation, it is obtaining data on individuals in a form of third party collection through voluntary user submission. It is reasonable to conclude that the data is only involuntarily collected and saved for the people the data is matched to - in this case, the six million accounts that were affected.
  Facebook said that it would take "precise and coincidental timing" for a malicious person to use the DIY tool with intent and obtain Facebook's combined (shadow profile) data on a targeted user. Yet we know the bug was live for a year, and combined with Facebook's admission in the blog post regarding false positives, it's a fair guess on our side to suspect that a non-trivial risk remained.
  Facebook did not respond to my request for a statement regarding user demands to know who had seen their shadow profile contact information.
VIDEO-"It Seems In Some Odd Way That The Cold War Is Back" (A War Profiteer's Dream Come True!) - YouTube
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  Tue, 25 Jun 2013 16:00
VIDEO-Cyber Attack On South Korea Shuts Down "Several Official Websites" - YouTube
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  Tue, 25 Jun 2013 15:57
"The Security Industrial Complex Is VERY UPSET!"
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  Tue, 25 Jun 2013 15:57
Rick Santorum to head new Christian film studio
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  Archived Version
  Source: Culture | guardian.co.uk
  Tue, 25 Jun 2013 15:57
  Rick Santorum has hinted that faith-based films are not religious enough in their content. Photograph: Chip Somodevilla/Getty Images
  Rick Santorum, the evangelical former US presidential hopeful who lost out to Mitt Romney in last year's Republican primaries, is to head a new studio which aims to bring faith-based film-making to Hollywood.
  Texas-based EchoLight studios hopes to have a $20m fund in place within weeks to make Christian-oriented "family-friendly" movies. Its first film will be a western titled The Redemption of Henry Myers. The story will focus on a bank robber who is left for dead by his accomplices and nursed back to health by a widow and her young children. EchoLight is also planning a modern-day, non-musical retelling of the biblical story of Joseph and his coat of many colours.
  Santorum, who ran for the Republican presidential nomination on a conservative platform opposing gay marriage and legal abortions, said he hoped attract Hollywood film-makers to the new studio. The ex-US senator, who will be CEO of EchoLight, hinted that current faith-based films were not nearly religious enough in content.
  "Here's what I think of Hollywood," Santorum told the Hollywood Reporter. "We're looking for talented people who want to make quality films, even though we won't be spending tens of millions of dollars on each of them. We want good writers, actors, and producers who want to make honest, uplifting content."
  He added: "There's a lot of good family movies produced in Hollywood, but in almost every one of them there's a scene where, as a dad with younger kids, I say: 'Why did they put that gratuitous sex, or language, or violence in there?' To me, it diminishes the film, so we won't be doing that.
  "Even in faith-based films, Hollywood tends to water down the truth," added Santorum, reflecting on 2011 drama Soul Surfer, which told the true-life story of a young girl who continued her dream of becoming a professional surfer despite losing her left arm in a shark attack.
  "[That] was a good film, but it didn't accurately portray faith in that young lady's life and how she overcame what she had to overcome," Santorum said. "I don't want to preach to anybody, I just want to portray faith as it really is, and we're going to be telling a lot of true-life stories, and we're going to make them comfortable even for people who are not of faith, because they are honest. That's the challenge for us, and it's what Hollywood tends to shy away from."
  EchoLight is also planning a film based on the true story of Eric "Hoovey" Elliott, a high-school basketball player whose brain tumour forced him to learn afresh how to walk, talk and perform other basic functions. It will be directed by Soul Surfer's Sean McNamara.
High Tech Rifle Turns Novice Into DEADLY SNIPER! DUN! DUN! DUN!
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  Tue, 25 Jun 2013 15:51
Obama to unveil first-ever US climate change strategy
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  Archived Version
  Source: The Guardian World News
  Tue, 25 Jun 2013 15:27
  Barack Obama will be using his executive authority for the proposals, meaning they would not need approval from Congress. Photograph: Timur Emek/Getty Images
  Barack Obama is due to map out America's first climate change strategy on Tuesday, cutting greenhouse gas emissions from power plants, shoring up coastlines against flooding and sea level rise, and helping advance an international climate deal, White House officials said.
  The much-anticipated speech, due at Georgetown University on Tuesday afternoon, will for the first time set out a course of actions designed to reduce the emissions that cause climate change, as well as protect Americans from its worst consequences. They offer the first clear view of how Obama intends to make good on his sweeping promises to act on climate change in his second term.
  Administration officials, briefing reporters ahead of the speech, said Obama would reiterate his commitment to cutting America's greenhouse gas emissions 17% from 2005 levels by the end of the decade. The president would use his executive authority to initiate a number of "steady and responsible steps" in order to meet that target.
  There was no mention of putting a price on carbon dioxide emissions. White House officials have flatly rejected a "carbon tax", and there was no indication whether Obama would support a version of a carbon tax now pending in the Senate.
  Officials also made repeated references to "homegrown energy" and Obama's "all of the above" energy approach, suggesting a continued place for natural gas and fracking in the president's climate strategy.
  The most significant element of Tuesday's speech is a commitment from Obama to direct the Environmental Protection Agency to draw up new regulations limiting emissions from power plants '' the single biggest source of carbon pollution.
  "The president will be issuing a presidential memorandum directing the EPA to start the important work they are going to do, not only on new but existing coal plants as well," an official said. "The point here is that we are beginning the process."
  Obama will also propose new energy efficiency standards for buildings and appliances by the end of the decade, as well as an expansion of solar and wind energy projects on public lands, the officials said. The president would also announce $8bn in loan guarantees for carbon capture projects and other technologies.
  The president will also announce measures to protect Americans from flooding, sea level rise and other effects of climate change, including a taskforce that will help ensure climate change is factored into future planning decisions.
  Obama is highly unlikely, however, to touch on one of the biggest environmental decisions ahead of him '' the Keystone XL tar sands pipeline.
  Obama claimed climate change was one of his core issues in his inauguration address. He stoked expectations even further in his State of the Union address in February, telling Congress to act on climate change '' or he would.
  Since then, however, there have been mixed signals from the White House on climate change. The White House delayed a number of environmental rules, and Obama told supporters at a number of fundraisers that the politics of climate change were hard.
  It was clear, meanwhile, that the Republican-dominated Congress had no intention of taking up climate change. In the run-up to Tuesday's speech, the house speaker, John Boehner, disparaged Obama for even thinking of proposing new climate rules, telling a press conference: "I think it would be absolutely crazy."
  Industry lobby groups also lined up to oppose the plan. Seven governors wrote to Obama on Monday asking him to abandon his effort, in an initiative sponsored by an organisation called Count on Coal.
  Obama, however, was going ahead, the officials said. "At this point the president is prepared to act." They said none of the actions in Obama's climate strategy would require approval from Congress '' leaving the president free to rely on his existing authority and those of government agencies.
  The officials said the White House hoped to propose the rules for existing power plants by June 2014, finalising the rules one year later. They said proposed rules for new plants could be forthcoming as early as September.
  That timetable could set in place mechanisms to deliver meaningful cuts in America's greenhouse gas emissions by the time Obama leaves office.
  But there are bound to be legal and political challenges, and it was not immediately clear how stringent the new power plant rules would be. Power plants are responsible for 40% of America's carbon dioxide emissions, and about a third of greenhouse gas emissions overall.
  Environmental groups had been pressing Obama for months to instruct the EPA to draw up rules for existing plants. There was positive response to initial White House briefings on the plan.
  "They are following through on what we asked for," said Kevin Kennedy, who directs the US climate programme for the World Resources Institute. "You can't be serious about reducing US greenhouse gas emissions if you are not going to take on existing power plants."
  The Sierra Club, which has pushed Obama hard to reject the Keystone XL pipeline, was effusive. "This is the change Americans have been waiting for on climate. President Obama is finally putting action behind his words," said Michael Brune, executive director of the Sierra Club '' although he went on to ask the president to stop the pipeline.
  It was unclear before the speech whether the proposed EPA regulations would go far enough to meeting America's 17% target, which was Obama's commitment to the 2009 United Nations climate change summit at Copenhagen.
  Most analysts at the time said the target was too low to avoid serious climate change. There was even greater uncertainty about whether America would be on track for the even more ambitious mid-century target of an 80% cut in emissions. That would depend on the stringency of the EPA measures, and how quickly the new rules could be adopted, Kennedy said.
  Barack Obama's Climate Action Plan by Guardian
  .
"Snowden Is The Traitor! (NOT ME!) And Anybody That'd Call Him A Hero Is Terribly Misguided
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  Tue, 25 Jun 2013 15:27
Editorial: Proposed FOIA rule changes seek to keep citizens in dark - The Denver Post
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  Tue, 25 Jun 2013 15:25
  The federal Freedom of Information Act was supposed to be a torch that journalists, advocates and ordinary people could use to cast a light on the operations of their government.
  It's profoundly disappointing to see the Obama administration proposing changes to FOIA that would allow federal agencies to lie about the very existence of information being sought.
  That's not progress, and it's certainly not transparency, a principle the president has repeatedly and publicly pledged allegiance to.
  We hope the U.S. Department of Justice backs away from these and other FOIA rule revisions it has proposed.
  The worst among them, in our estimation, is the proposed change that would allow the government to tell those requesting information under FOIA that the material does not exist when, in fact, it does.
  The change would apply to certain law enforcement or national security documents.
  Currently, the government can issue what is called a Glomar response, which is when the government neither confirms nor denies the existence of the material.
  That term was coined after a Los Angeles Times reporter in the mid-1970s attempted to obtain information about the CIA's Glomar Explorer, a vessel built to raise a sunken Soviet submarine from the floor of the Pacific Ocean.
  Moving from a Glomar denial to outright deceit would have even broader ramifications if the person denied information were to decide to take the matter to court.
  In that case, would the government be in a position of lying to the court about the existence of information? That's dangerous territory.
  "What's more, the change seems unnecessary," said Mark Hamrick, an Associated Press journalist who is president of the National Press Club, in a prepared statement.
  "If agencies are exercising legally allowable exceptions to the law and withholding certain records, they can just continue to do as they do today: neither confirm nor deny the information's existence," Hamrick said.
  We agree.
  From the moment FOIA was signed into law in 1966, there was government resistance to disclosure of information.
  President Lyndon Johnson grudgingly agreed to sign the bill, but did so with a companion signing statement that was designed to weaken the measure.
  The relative strength of the act has waxed and waned over the years with amendments and procedural changes. Yet it remains a potent tool for citizens to learn about what their government is up to.
  We hope the Obama administration respects the intent of FOIA and declines to undercut it by giving official sanction to government deceit about whether information exists.
  Copyright 2012 The Denver Post. All rights reserved.
Feds Claim Phone Data It Scooped Up Doesn't Include Location Data, And Also [REDACTED] | Techdirt
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  Archived Version
  Tue, 25 Jun 2013 14:49
  Soon after the NSA leaks came out, we pointed to a murder trial in which the lawyers for one of the defendants used the news that the NSA was collecting so much metadata on all mobile phone calls to seek discovery on the data concerning the defendant's mobile phone location information, in the belief that it would present evidence that he was nowhere near the crime. The feds had claimed, initially, that when they subpoenaed his phone carrier during the original case, MetroPCS, that the data had already been destroyed. However, the defendant, Terrance Brown, pointed out that according to the leaked information, the NSA was collecting all such data, so the federal government should already have the data. The court seemed intrigued by this argument, and ordered the government to reply with a very short turnaround.The government's response, filed last week, is both interesting and useless. It starts out by claiming that the collected data does not include "cell-site location info," which was requested:
  In his motion, the defendant primarily seeks to compel production of cell site location data, i.e., information about where a cellular telephone was geographically located at the time a call was made ("CSLI"), during July 2010 for Metro PCS cellular telephone number (786) 307-4240, based on public reporting about the collection of call data records under a classified order by the Foreign Intelligence Surveillance Court ("FISC"). The information acquired under this program, however, did not include CSLI. Thus, the government does not possess the records the defendant seeks.
  From there, there's a lot of [CLASSIFIED INFORMATION REDACTED] brackets, so it's unclear what else the government is saying to the judge. The filing does spend more time explaining why it needs to keep most of this discussion a secret. The claim that the business records request does not include CSLI is interesting, because it has long been assumed that such information was included in the metadata demanded under the FISC order. I'm wondering if the government is carefully parsing its words here, and a slightly different form of location data is included, rather than the specific "CSLI" data.Later, in the non-redacted part of the filing, the DOJ pulls out the standard excuse from defenders of scooping up business records, that this isn't really surveillance since there is no expectation of privacy in 3rd party data:
  Respectfully, the Government submits that Section 1806(f) is not the appropriate vehicle by which to respond to this Court's inquiries because the subject in question does not pertain to information obtained by electronic surveillance, as defined by FISA, but rather to records obtained through the "business records" authority of FISA.
  Got that? You're not being spied on when the government hoovers up all that data on every single phone call, because it's just a "business record" not "electronic surveillance." Don't you feel more comfortable now?Either way, people are pointing out that these kinds of requests, from defendants in federal trials, seeking data from these programs are likely to become a lot more common now that there's confirmation that such data exists.
VIDEO-Stevie Wonder Appeals For Books For The Blind Treaty - Look to the Stars
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  Tue, 25 Jun 2013 14:00
  Music legend Stevie Wonder appealed to more than 600 negotiators from WIPO's 186 member states to finalize their discussions in the coming days and conclude a new international treaty to ease access to books for blind, visually impaired, and other print disabled people.
  Video: Stevie Wonder appeals for finalization of books for blind treatyStevie said he would share in the celebrations once the treaty is concluded.
  ''Let's get this ''Signed, Sealed, Delivered (and) I'm Yours,'' Stevie said to the tune of one of his biggest hits in a video statement to negotiators. ''Do this and I will come to Marrakesh and we will celebrate together.''
  ''We stand at the cusp of a momentous time in history,'' he added. ''All of you '' great minds representing governments around the world '' have the opportunity to right a wrong. You are in the final sprint of a marathon that has spanned many years, but time is short and there is still much more work to be done to complete this historic treaty.''
  The Diplomatic Conference to Conclude a Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities, convened by WIPO and hosted by the Kingdom of Morocco, is meeting in Marrakesh from June 18 to 28, 2013. A signed treaty would improve access for the blind, visually impaired, and print disabled to published works in formats such as Braille, large print text and audio books.
  The award-winning musical genius, who has been blind since shortly after birth, reiterated: ''The time has come. Today. Not tomorrow. Today. The world's blind and visually impaired are counting on you. I am counting on you. Don't let me down. But most of all, please don't let them down. This is our legacy. Your gift to future generations. So, let us at last finalize this new agreement and open the doors to the world's written treasures, moving toward a future where there are no barriers to the expansion of knowledge and the enjoyment of culture. Even for the visually impaired.''
  Stevie Wonder, a prolific singer-songwriter with 49 top 40 hits, 32 number 1 singles and over 100 million unit sales, is a strong supporter of the treaty. In 2010, he made an emotional appeal to negotiators to speed up their work ''to end the information deprivation that continues to keep the visually impaired in the dark,'' and urged negotiators to put ideological differences aside.
Negotiators Begin Work on Finalizing New Treaty to Improve Access to Books for Visually Impaired Persons
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  Tue, 25 Jun 2013 13:55
  Marrakesh/Geneva, June 18, 2013PR/2013/739
  HighlightsVideo
  More than 600 negotiators from WIPO's 186 member states began work today on finalizing a new international treaty to ease access to books for blind, visually impaired, and other print disabled people. The Diplomatic Conference to Conclude a Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities, convened by the World Intellectual Property Organization (WIPO) and hosted by the Kingdom of Morocco, is meeting in Marrakesh from June 18 to 28, 2013.
  A signed treaty would be the culmination of years of discussions on improving access for the blind, visually impaired, and print disabled to published works in formats such as Braille, large print text and audio books. The beneficiaries will have better access to novels, textbooks and other material that they can use for education and enjoyment.
  Presenting a message from His Majesty, King Mohammed VI of the Kingdom of Morocco, Morocco's Minister of Communications and Government Spokesperson Mustapha Khalfi said the Diplomatic Conference is of ''crucial importance,'' noting: ''Now is the time to adopt the Marrakesh Treaty, and we look forward to the endorsement of the first international document in the history of the World Intellectual Property Organization that provides for exclusive exceptions and limitations to copyright as an exceptional measure in copyright doctrine.''
  In his message, the King said the absence of a treaty would mean that the blind, visually impaired and print disabled ''would remain deprived of the right to equal opportunity,'' whereas a successful treaty would not only be a proud moment in WIPO history, it would also ''reflect the humanitarian depth of our collective commitment to upholding the values of mutual assistance and solidarity.'' The King's message concluded with a reminder to the international community of the ''moral obligation to remove all obstacles which prevent blind people and visually impaired persons from having access to culture, science, modern technology as well as media and communication outlets.''
  ''In today's globalized world, your Diplomatic Conference can help give globalization a human face through the adoption of the international treaty you will be discussing in Marrakesh. Such a treaty will enable the blind and the visually impaired to access, research and take advantage of written copyrighted material across the world,'' the King's message said.
  WIPO Director General Francis Gurry said: ''The objective of the Diplomatic Conference is a relatively simple and straightforward one '' to alleviate the book famine that causes over 300 million visually impaired persons, the majority of them in developing countries, to be excluded from access to over 90% of published works.'' That objective, he said, would be achieved by establishing an enabling legal framework that will facilitate the production of accessible formats and their exchange across borders.
  Mr. Gurry said: ''Negotiators have the task of, on the one hand, designing a workable system that will ensure that accessible formats can be produced and exchanged across borders around the world in a simple and easy manner and, on the other hand, providing assurances to authors and publishers that that system will not expose their assets to misuse in parallel markets that are not intended to serve the visually impaired and the print disabled. Their success in finding the right balance will ensure the success of the treaty.''
  Negotiators have already made great headway in several negotiating sessions since the first proposals for a draft treaty were originally submitted in May 2009.
  The proposal that is the basis of the Marrakesh negotiations would include a requirement for countries to introduce exceptions and limitations in their copyright laws to allow the production of books in accessible formats as well as to permit the international sharing across borders of accessible format copies for people with print disabilities.
  Provisional agreement has already been reached on several essential elements of the proposal, including its beneficiaries, namely visually impaired persons, other print-disabled people or those unable because of physical disability to read a standard text.
  Member states have also provisionally agreed on key definitions for the works covered by the text and the ''authorized entities1'' that would provide accessible versions of published works to persons with visual impairment or print disabilities.
  But the draft text contains a number of issues which require agreement, such as whether commercial availability of accessible format works will be taken into account in deciding when digital files of such works can be transferred across borders, and how obligations on the scope of limitations and exceptions from previous international copyright treaties will be incorporated into the proposed treaty. Draft text and other material.
  Those issues will be the subject of negotiations at the diplomatic conference, which is the traditional method for concluding treaties.
  What's AheadUpon convocation, the diplomatic conference in Marrakesh will meet in two committees to address different types of issues: Main Committee I and Main Committee II. The first committee's mandate is to negotiate and agree on all substantive provisions and recommend them for adoption by the plenary.
  The second committee is charged with negotiating and agreeing on all administrative and final clauses, such as who can join the future treaty and the conditions for its entry into force. Three other side committees are also formed: the Credentials Committee, which verifies credentials of delegations to participate in the conference and to sign the treaty; the Drafting Committee, which ensures the six language versions of the treaty are properly aligned; and the Steering Committee, which includes the chief officers of all the committees and ensures the process is on track.
  When all committees finalize their work, the treaty is sent to the plenary for adoption. It is then open for signature. Signing the treaty at the end of a diplomatic conference is a strong indication of intent and commitment by the signatory to join the treaty, although it does not necessarily bind a country to its provisions. The final act '' a record that the conference took place '' also opens for signature after adoption.
  Some BackgroundAccording to the World Health Organization, there are more than 314 million blind and visually impaired persons in the world, 90 per cent of whom live in developing countries. A WIPO survey in 2006 found that fewer than 60 countries have limitations and exceptions clauses in their copyright laws that make special provision for visually impaired persons, for example, for Braille, large print or digitized audio versions of copyrighted texts.
  Furthermore, because copyright law is ''territorial,'' these exemptions usually do not cover the import or export of works converted into accessible formats, even between countries with similar rules. Organizations in each country must negotiate licenses with the rightholders to exchange special formats across borders, or produce their own materials, a costly undertaking that severely limits access by visually impaired persons to printed works of all kinds.
  According to the World Blind Union, of the million or so books published each year in the world, less than 5 per cent are made available in formats accessible to visually impaired persons.
  International copyright law has always recognized the need to balance the rights of authors of creative works and the public interest, by allowing some uses of copyrighted material to be exempted from the requirement to seek authorization from the rightholder or to pay royalties.
  The international copyright treaty that is the starting point for the international copyright framework, the Berne Convention for the Protection of Literary and Artistic Works of 1886, and its subsequent revisions, have all included provision for ''limitations and exceptions''. The Berne Convention specifically mentions exemptions for short quotations, news reporting and illustrative use for teaching purposes.
  Otherwise, it is left to national governments to define what limitations and exceptions are permitted ''in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author''.
  In practice, limitations and exceptions contained in national laws vary widely. In many countries copying for private use is free, but only a few countries make exceptions for, say, distance learning. Moreover, the exemptions apply only in the country concerned.
  ____________________________1 Non-profit organizations recognized by both the rightholders and those with print disabilities.
  For further information, please contact the Media Relations Section at WIPO:
  Tel: (+41 22) - 338 81 61 / 338 72 24Fax: (+41 22) - 338 81 40E-mail
VIDEO-World Bank: Money Laundering Criminals Interview with Whistleblower Karen Hudes | The Top Information Post
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  Tue, 25 Jun 2013 13:38
  Posted: June 25th, 2013 Ë‘ Filled under: Politics Ë‘ 1 CommentAbby Martin talks to Karen Hudes, former senior executive at the World Bank, about her experience blowing the whistle on the high level corruption within the international financial system and how her story was censored.
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  Tags: hudes, interview, Karren, rt, whistleblower
Iceland opts out of joining EU
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  Source: ZapLog - externe links
  Tue, 25 Jun 2013 13:34
  Iceland opts out of joining EU2013 06 24From: IceNews
  Iceland has withdrawn its bid to join the European Union, announced its foreign minister Gunnar Bragi Sveinsson.
  Three weeks after being installed in his position by the newly elected Icelandic government, the foreign minister said that ½this is how democracy works½. He explained that the new coalition government in Iceland was against the idea of joining the EU at present.
  Sveinsson, who was on his first foreign visit since being appointed, said that the trip½s main purpose was to inform the European Commission that the coalition government has decided that negotiations should be put on hold for now. He added that Iceland is part of Europe and hopes to strengthen relations in other ways.
  Czech commissioner Stefan Fule, who is in charge of EU membership bids, said that decision to withdraw the bid is a ½personal blow½. He explained that on a personal level it was not easy for him to accept the decision, but that professionally he respects what the elected representatives have opted to do.
  [...]
  Read the full article at: icenews.is
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Rules Change Sought to Permit Encryption of Sensitive Emergency Communications
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  Tue, 25 Jun 2013 12:51
  06/24/2013The FCC is inviting public comments on a proposal from a Massachusetts ham to amend the Part 97 Amateur Service rules to permit the encryption of certain amateur communications during emergency operations or related training exercises. On June 7 the FCC accepted for filing a Petition for Rulemaking (RM-11699) from Don Rolph, AB1PH, and put it on public notice. It will remain open for comment until July 8. Rolph, of E Walpole, petitioned the Commission in March to suggest an additional exception to §97.113, which currently prohibits ''messages encoded for the purpose of obscuring their meaning.''
  ''As such, encryption cannot be effectively supported by the Amateur Service,'' Rolph told the FCC in his PRM, ''and this restriction has impacted the relationship of Amateur Radio volunteers and served agencies and significantly limited the effectiveness of amateurs in supporting emergency communications.'' He pointed out that Part 97 already relaxes its encryption prohibitions with respect to satellite control link communications and model craft radio control.
  Rolph cited rules already in place in Australia as a possible model for amending the rules in the US. The Australian Amateur Radio rules provide an exception for ''intercommunications when participating in emergency services operations or related training exercises.'' He suggested modifying Part 97 ''to capture the intent of the Australian regulations'' to relieve what he called ''this impediment of Amateur Radio support of emergency communications.''
  In his petition Rolph suggested excepting ''intercommunications when participating in emergency services operations or related training exercises which may involve information covered by HIPAA [medical privacy requirements '-- Ed] or other sensitive data, such as logistical information concerning medical supplies, personnel movement, other relief supplies or any other data designated by Federal authorities managing relief or training efforts.''
  Commenters may use the FCC's Electronic Comment Filing System (ECFS) to comment on RM-11699 online.
The Snowden Bait
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  Archived Version
  Source: Lame Cherry
  Tue, 25 Jun 2013 12:45
  In the continuation of the Lame Cherry exclusives in matter anti matter..........
  My children, now that you understand after reading it here that Edward Snowden was Hillary Clinton's bitch, you can now comprehend what you are ready to be educated on.
  Edward Snowden is a ruse, a decoy. Edward Snowden is bait.
  To explain so all the always experts will comprehend this fully, Snowden was like Valerie Plame an asset of the Clintons. He was a traveler of Barry Chins, but became disenchanted with this fraud.It was then embarked upon where it was known he was going to bolt and cover was provided him, in addition for the means to be protected so he did not go Andrew Breitbart.
  The mission Snowden was on was complete in alerting the world to Prism Planet by the feudalcrats. He ventured to the Chicoms, where he divulged information, and then flew off to Russia where he divulged information.All of that was cover.
  Cover for what?
  This blog informed all of you children that the Holder cell at NSA was in the process of setting up the Howard Hughes removal of key industrialists in America. What Holder was initiating for the Obama regime was exactly what was taking place across the globe in these communists all being installed from Brazil and Argentina to Libya to Egypt.The regime was about to start Murder Inc. in removing key people in America who were part of the conglomerates and put in community organized proxies who would make this all one Nazi become Communist Authoritarian control of every aspect of America.
  Not surprisingly, the billionaire tycoons and barons, did not think much of being murdered or ending up in gulags in needing Vaseline for their anus regions.This set up the defensive reaction of the rise of MIC, the Military Industrial Complex again under the intelligence auspices of the Control.
  Edward Snowden was sent on a mission he was already going on. Edward Snowden though is giving nothing which has not already been turned over by Microsoft by Bill Gates, who is involved in this.Bill Gates could have been more friendly in a donation, so his part is being highlighted as the Microsoft division which created all of this spy networkware, just turned over all of Prism to the Chicoms, Russians, and the Anglo French to play with in bringing it's ruin.
  You read of that super computer in China? That was developed for them by this group in order to initiate a countermeasure to Prism. Yes this was built for the Chicoms in design by the west for this specific purpose.
  For a complete Lame Cherry matter anti matter exclusive roll, so you comprehend this, WIKILEAKS was the same type of cover, but it was Barack Hussein Obama who handed over all of this original information to the Eurasians to do things like sully up Hillary Clinton and to break the anti Obama structure operating in intelligence.Julian Assange was handed documents by that fag o soldier lot which Obama had already illegally dumped in his "evening the playing field" for his comrades in Eurasia.The poor saps being hounded by the Obama regime were Obama trolls to begin with and Obama crucified them as cover for his document dump.
  What Edward Snowden is completing is the same situation, in Bill Gates dumped these protocols into the Eurasians laps and Snowden is cover for what took place as these billionaires are trying to save themselves from joining Birther Obama in the tits up club.
  All of this is the reality, and a Mark Levin can divert in not caring about traitor or hero and the other talking brows can divert with Snowden's travels, the reality is this stage theater is cover for what really took place.
  Granted MIC did not hand over the Plasma technology of Baby. They have though to save themselves, and that means some semblance of you not resembling a total lamb for the communist slaughter table, given over a duplicate system and the keys to the codex kingdom in order to open a front which will keep the Prism backdoor feudalists busy as other measures are enacted in riots in Brazil, Egypt and Turkey to put our man in Havana back into Havana.
  The spiders grabbing different focal points in the same blog post. Interesting in competing forces at work inside Google.......and yes Google, Yahoo and Wikipedia have a hand in things as they too were being targeted.
  Lame Cherrylamecherry.blogspot.com/'Ž3 hours ago '' All "hell" broke loose in I knew I had company, as someone was most interested in what LC was making contact with on a different computer.Nuff said
  and........
  Lame Cherrylamecherry.blogspot.com/'Ž3 hours ago '' Dichotomies in this world are always a puzzle to me. For example, the TL is someone who is so rare in people who are gorgeous, brilliant and ...Nuff saidagtG 220
All Female Jury For Zimmerman Trial | Sinclair News.Net
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  Archived Version
  Tue, 25 Jun 2013 12:38
  Zimmerman conviction may have been sealed before trial even begins
  After having the February 2012 shooting of Trayvon Martin turned into another race baiting soapbox by Al Sharpton, NBC and MSNBC and Martin family attorney Ben Crump for the past 16 months, the 2nd degree murder trial of George Zimmerman will have an all female jury and all except for one are white. The very fact that the jury does not have a single black on it will most certainly give Al Sharpton and Ben Crump even more to yell about and may actually be the very thing that convicts Zimmerman.
  It was Al Sharpton and his use of MSNBC that made the February 2012 shooting into a racial issue and Attorney Ben Crump who like Sharpton has made his name and fortune off the tragedies of others will certainly continue to use the platform Sharpton and NBC/MSNBC has given him to call anyone who dare question Trayvon Martin a racist.
  While people are supposed to be innocent until proven guilty, the media and the professional race baiters Sharpton, Crump, NBC, MSNBC, et al only hold to said standard when the accused is someone they believe has been charged based solely on the color of their skin. The seating of an all female jury which is all white with the exception of one Hispanic lady, may very well be a planned strategy by the State Attorney betting on the belief that none of these women will want to be called ''racists'' by their neighbors or worse, by the media fueled by Sharpton and Crump.
  George Zimmerman and his defense team has an even bigger hurdle to overcome than simply showing the State has failed to prove its case ''beyond a reasonable doubt.'' The Zimmerman team are now going to have to overcome the media spin which has been engaged in a full court press for Martin family attorney Ben Crump. The Huffington Post, CBS, Roland Martin, Al Sharpton are going to target these women before they even hear a single word in opening arguments. Anyone who doubts this need only look at how social media was used to target Zimmerman family members and witnesses who were intimidated into changing their statements after Crump & Sharpton went on their nationwide race baiting campaign.
  Whether we want to admit it or not, social media in the way of Twitter, Face Book and the ability to attack via the Internet while hiding behind the computer screen has been very effective in recent years to ensure a particular outcome. It was this very social media which got State Attorney Angela Corey (right), who was running for re-election in 2012 to bring 2nd degree murder charges against Zimmerman in the first place. Corey is reported to have sat down on multiple occasions with Martin family attorney Ben Crump and according to published reports and statements by MSNBC's Al Sharpton it was Sharpton who asked/demanded Corey move to have Zimmerman's bond revoked. Sharpton: ''NAN & I Asked Judge To Review Zimmerman Bond''
  The State of Florida must prove George Zimmerman is guilty of 2nd degree murder with facts and evidence not with the threat of jurors being targeted by race baiting carnival barkers like Crump & Sharpton et al. With the criminal charge only brought after Ben Crump and the Al Sharpton Circus engaged in a nationwide race baiting show and people where targeted via Twitter and Face Book its fair to question if this case is going to be based on evidence or on the threats, attacks and intimidation of jurors as racist if they don't find Zimmerman guilty.
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  Tags:Al Sharpton, Angela Corey, Attorney Mark O'Mara, Benjamin Crump, Circuit Judge Kenneth Lester, CNN Legal Analyst & Commentator Mark Nejame, Crime, Florida Circuit Judge Kenneth Lester, Former George Zimmerman Attorney Craig Sonner, Former George Zimmerman Attorney Hal Uhrig, George Zimmerman, George Zimmerman Attorney Mark O'Mara, George Zimmerman Trial, Mark Nejame, Orlando Attorney Mark Nejame, Race Hustlers Al Sharpton-Jesse Jackson-Ben Crump, Racebaiters Al Sharpton & Ben Crump, Sinclair News, State Attorney Angela Corey, The Lincoln Lawyer angle in the George Zimmerman murder case, Trayvon Martin, US News, Zimmerman Jury all female, Zimmerman Jury lacks Black juors
  This entry was posted on June 20, 2013 at 4:28 PM and is filed under Al Sharpton, Angela Corey, Blog, Crime, George Zimmerman, Internet Threats, Internet Thugs, Media Bias, MSNBC/NBC's TheGrio.com, Politics, Sinclair News, Trayvon Martin, Trayvon Martin Shooting, Uncategorized, US News. You can follow any responses to this entry through the RSS 2.0 feed.
How Edward Snowden managed to outfox everyone - latimes.com
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  Tue, 25 Jun 2013 12:34
  I hate to say this. Well, maybe I don't.
  It appears that Edward Snowden, the 30-year-old computer analyst hiding in broad daylight, has managed not only to throw a wrench into U.S. foreign policy, but to outfox the very national security apparatus whose overreach he warned against.
  It's pretty astonishing that our government can figure out a way to vacuum up our every phone call, email and text message, but can't get its hands on Snowden, who left Hong Kong for Russia on Sunday, and may be there still, as he figures out how to make his way to what he has (inexplicably) described as a democratic nation for asylum.
  Republican South Carolina Sen. Lindsay Graham put his finger on it when he told Fox News on Sunday that ''The freedom trail is not exactly China-Russia-Cuba-Venezuela.'' (I guess somewhere along the line, Iceland dropped off Snowden's list.)
  In New Delhi during a three-day visit to India, Secretary of State John Kerry sarcastically called Russia and China ''bastions of Internet freedom'' and admonished governments that have helped or may help Snowden remain out of the grasp of American authorities.
  ''There would be, without any question, some effect and impact on the relationship, and consequences,'' Kerry said, according to my colleague Henry Chu. ''I'd urge them to live within the law. It's in the interest of everyone.''
  Still, one has to wonder why it took the government until Sunday to revoke Snowden's passport, as the AP reported . It may not have mattered in the long run, but why wait two weeks to take that step?
  When Snowden left Hong Kong, according to a detailed New York Times story posted Monday http://www.nytimes.com/2013/06/25/world/asia/snowden-departure-from-hong-kong.html?pagewanted=1&hp, he was allowed to pass through normal airport checkpoints, despite his annulled passport.
  The story also said that Snowden decided to leave Hong Kong after attorneys there advised him that he might not be able to remain free on bail while fighting extradition to the U.S. If he were incarcerated during that time, they said, he would probably not have his computer. Giving up his computer, the attorney said would be ''totally intolerable.'' (Forget waterboarding. Confiscate a 30-year-old's computer and watch him beg for mercy.)
  One also wonders why the feds revealed Friday that Snowden had been indicted on three felonies, including two charges under the 1917 Espionage Act, which made it likely, in the view of some foreign policy experts, that countries antagonistic to the United States (i.e. Cuba and Venezuela) would not be inclined to respect the State Department's notice advising governments that Snowden should not be allowed transit to or through their countries.
  In any case, as this amazing story continues, in slow motion, like a global version of the famous white Bronco chase, the Obama administration has itself to blame for this mess.
  Forget the unforgiveable lapses on the part of national security contractors, like Snowden's former employer, Booz Allen Hamilton.
  The sweeping nature of the spying program that Snowden revealed should never have been secret in the first place. While it's reassuring when Keith Alexander, head of the National Security Agency, tells Congress that the program is responsible for ''connecting dots'' and stopping at least 50 terror plots since 9/11 , it's almost mind-boggling that the agency is just now instituting the security equivalent of the ''buddy system,'' designed to prevent analysts from unilaterally downloading material.
  At a party in Los Angeles over the weekend, the murmured consensus among many guests with whom I chatted was ''Let 'em read my email, I have nothing to hide.'' But that's not really the issue. The American public has a right to know the broad outlines of the government's electronic spying program, and exactly how it keeps us safe. Until Snowden provided proof of these programs' existence to the Washington Post and The Guardian, the public'--and indeed, most of Congress'--had no idea of the extent of the surveillance.
  Snowden's ''Where's Waldo'' sideshow is riveting to watch, and may have unpleasant, if fleeting, implications for our relationships with the countries who have shown a willingness to help him out.
  I'm not exactly sure I am cheering for his rapid repatriation, as I have mixed feelings about the charges he faces, which could get him up to 30 years in prison.
  But the longer he's out there, the more bumbling the U.S. government looks.
  Twitter: @robinabcarian
  Email: robin.abcarian@latimes.com
VIDEO-Federal building in Indianapolis evacuated; bomb squad called in - 13 WTHR Indianapolis
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  Archived Version
  Tue, 25 Jun 2013 12:31
  INDIANAPOLIS -A loud boom resounded from the steps of the Minton-Capeheart federal building as the Indianapolis Metro Police bomb squad detonated a suspicious package on Monday afternoon.
  The item turned out to be consumer-grade fireworks, according to police.
  The woman who brought in the item was questioned by the FBI after telling security staff that the item was fireworks. No charges have been filed at this time.
  It happened at the building in the 500 block of Pennsylvania Street. Employees were evacuated at around 2:15 pm for about 90 minutes while police and the bomb squad investigated the item.
  Indianapolis Metro Police tell Eyewitness News that the item turned up during the X-ray process. It was not in a bag, but in a checkpoint property bowl. That's a container that people passing through security use for keys and loose change.
  Pennsylvania St. was closed between St. Clair and Vermont Streets while police investigated.
  The children who were at daycare inside the building were taken to Harrison College during the evacuation.
  Liz Durden was on the fourth floor, next in line at the IRS office, when an unusual announcement came over the intercom: everyone was being told to evacuate.
  While Durden said everything was orderly, she said she was still concerned, given the recent Boston Marathon bombings and violent incidents at federal buildings over the years.
  Separate incident at federal courthouse early Monday
  It marks the second time in less than 24 hours that the Indianapolis Metro Police bomb squad was called to investigate a suspicious item.
  Early Monday morning, the bomb squad detonated a backpack that was left under a window of the Federal Courthouse at the corner of Meridian and Ohio Streets downtown.
  A police K9 trained to detect explosives "hit" on the package, so technicians warned nearby hotels and detonated the backpack on the scene.
  According to IMPD spokesman Michael Hewitt, the explosive material in the backpack was identified as fireworks. Another substance in the backpack was identified as marijuana.
  Refresh this page to see the latest updates.
Hemingway, Hounded by the Feds - NYTimes.com
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  Archived Version
  Tue, 25 Jun 2013 12:30
  EARLY one morning, 50 years ago today, while his wife, Mary, slept upstairs, Ernest Hemingway went into the vestibule of his Ketchum, Idaho, house, selected his favorite shotgun from the rack, inserted shells into its chambers and ended his life.
  There were many differing explanations at the time: that he had terminal cancer or money problems, that it was an accident, that he'd quarreled with Mary. None were true. As his friends knew, he'd been suffering from depression and paranoia for the last year of his life.
  Ernest and I were friends for 14 years. I dramatized many of his stories and novels for television specials and film, and we shared adventures in France, Italy, Cuba and Spain, where, as a pretend matador with Ernest as my manager, I participated in a Ciudad Real bullfight. Ernest's zest for life was infectious.
  In 1959 Ernest had a contract with Life magazine to write about Spain's reigning matadors, the brothers-in-law Antonio Ord"±ez and Luis Miguel Domingu­n. He cabled me, urging me to join him for the tour. It was a glorious summer, and we celebrated Ernest's 60th birthday with a party that lasted two days.
  But I remember it now as the last of the good times.
  In May 1960, Ernest phoned me from Cuba. He was uncharacteristically perturbed that the unfinished Life article had reached 92,453 words. The contract was for 40,000; he was having nightmares.
  A month later he called again. He had cut only 530 words, he was exhausted and would it be an imposition to ask me to come to Cuba to help him?
  I did, and over the next nine days I submitted list upon list of suggested cuts. At first he rejected them: ''What I've written is Proustian in its cumulative effect, and if we eliminate detail we destroy that effect.'' But eventually he grudgingly consented to cutting 54,916 words. He was resigned, surrendering, and said he would leave it to Life to cut the rest.
  I got on the plane back to New York knowing my friend was ''bone-tired and very beat-up,'' but thinking he simply needed rest and would soon be his old dominating self again.
  In November I went out West for our annual pheasant shoot and realized how wrong I was. When Ernest and our friend Duke MacMullen met my train at Shoshone, Idaho, for the drive to Ketchum, we did not stop at the bar opposite the station as we usually did because Ernest was anxious to get on the road. I asked why the hurry.
  ''The feds.''
  ''What?''
  ''They tailed us all the way. Ask Duke.''
  ''Well ... there was a car back of us out of Hailey.''
  ''Why are F.B.I. agents pursuing you?'' I asked.
  ''It's the worst hell. The goddamnedest hell. They've bugged everything. That's why we're using Duke's car. Mine's bugged. Everything's bugged. Can't use the phone. Mail intercepted.''
  We rode for miles in silence. As we turned into Ketchum, Ernest said quietly: ''Duke, pull over. Cut your lights.'' He peered across the street at a bank. Two men were working inside. ''What is it?'' I asked.
  ''Auditors. The F.B.I.'s got them going over my account.''
  ''But how do you know?''
  ''Why would two auditors be working in the middle of the night? Of course it's my account.''
  All his friends were worried: he had changed; he was depressed; he wouldn't hunt; he looked bad.
  Ernest, Mary and I went to dinner the night before I left. Halfway through the meal Ernest said we had to leave immediately. Mary asked what was wrong.
  ''Those two F.B.I. agents at the bar, that's what's wrong.''
  The next day Mary had a private talk with me. She was terribly distraught. Ernest spent hours every day with the manuscript of his Paris sketches '-- published as ''A Moveable Feast'' after his death '-- trying to write but unable to do more than turn its pages. He often spoke of destroying himself and would sometimes stand at the gun rack, holding one of the guns, staring out the window.
  A. E. Hotchner is the author of ''Papa Hemingway'' and ''Hemingway and His World.''
The DEA Makes Its First Bitcoin Seizure | The Fix
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  Archived Version
  Tue, 25 Jun 2013 12:21
  For the first time since its inception, a small amount of Bitcoin'--a form of online currency routinely used to buy drugs online'--has been "seized" by the US Drug Enforcement Agency. The currency is a common form of payment on the online drug market Silk Road, where its secure and hard-to-trace nature is believed to protect buyers and sellers. But Bitcoin may not be as secure as previously thought. According toDEA documents, the agency has seized the grand total of 11.02 BTC ($814.22 USD) of the digital currency in forfeiture fromEric Daniel Hughesof South Carolina after he used it to purchase a "controlled substance." It remains unclear how exactly the Bitcoin was "seized," but it's unlikely that it was literally plucked from the web. The blog Let's Talk Bitcoin speculates it was part of a sting operation: '''Seizure' is probably a word used to imply that money was received in the process of a Silk Road sting operation, rather than actually seized from the bitcoin user's wallet,'' saysAndreas M. Antonopoulos, a security expert and contributor to the site. By comparing the time at which the DEA claims it seized the Bitcoins and the Bitcoin's transaction records, it seems the DEA caught the money as it came out from Bitcoin's security protocols, not before. Let's Talk Bitcoin guesses the DEA may have set up a fake ''honeypot'' account to sell the drugs and reported them as seized when the payment came through.
N.S.A. Leak Puts Focus on System Administrators - NYTimes.com
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  Tue, 25 Jun 2013 12:19
  Edward J. Snowden, the former National Security Agency contractor who leaked details about American surveillance, personifies a debate at the heart of technology systems in government and industry: can the I.T. staff be trusted?
  Christopher Gregory/The New York TimesGen. Keith B. Alexander, the director of the N.S.A.
  More Tech CoverageNews from the technology industry, including start-ups, the Internet, enterprise and gadgets.On Twitter: @nytimesbits.
  Rick Bowmer/Associated PressAn N.S.A. data center in Bluffdale, Utah. The agency is adding a security rule akin to requiring two keys to unlock a safe.
  As the N.S.A., some companies and the city of San Francisco have learned, information technology administrators, who are vital to keeping the system running and often have access to everything, are in the perfect position if they want to leak sensitive information or blackmail higher-level officials.
  ''The difficulty comes in an environment where computer networks need to work all the time,'' said Christopher P. Simkins, a former Justice Department lawyer whose firm advises companies, including military contractors, on insider threats.
  The director of the N.S.A., Gen. Keith B. Alexander, acknowledged the problem in a television interview on Sunday and said his agency would institute ''a two-man rule'' that would limit the ability of each of its 1,000 system administrators to gain unfettered access to the entire system. The rule, which would require a second check on each attempt to access sensitive information, is already in place in some intelligence agencies. It is a concept borrowed from the field of cryptography, where, in effect, two sets of keys are required to unlock a safe.
  From government agencies to corporate America, there is a renewed emphasis on thwarting the rogue I.T. employee. Such in-house breaches are relatively rare, but the N.S.A. leaks have prompted assessments of the best precautions businesses and government can take, from added checks and balances to increased scrutiny during hiring.
  ''The scariest threat is the systems administrator,'' said Eric Chiu, president of Hytrust, a computer security company. ''The system administrator has godlike access to systems they manage.''
  Asked Sunday about General Alexander's two-man rule, Dale W. Meyerrose, a former chief information officer for the director of national intelligence, said, ''I think what he's doing is reasonable.''
  ''There are all kinds of things in life that have two-man rules,'' added Mr. Meyerrose, who now runs a business consulting firm. ''We've had a two-man rule ever since we had nuclear weapons. And when somebody repairs an airplane, an engineer has to check it.''
  John R. Schindler, a former N.S.A. counterintelligence officer who now teaches at the Naval War College, agreed that the ''buddy system'' would help. ''But I just don't see it as a particularly good long-term solution,'' he said.
  ''Wouldn't it be easier to scrub all your I.T.'s for security issues,'' he asked, ''and see if there is another Snowden?''
  The two-man rule ''has existed in other areas of the intelligence community for certain exceptionally sensitive programs where high risk was involved,'' he said, ''but it's not a standard procedure.''
  Mr. Meyerrose and Mr. Schindler both said that software monitoring systems can also help, though they can be evaded by a knowledgeable systems administrator. The biggest issue for government and industry, they said, is to vet the I.T. candidates more carefully and to watch for any signs of disillusionment after they are hired.
  ''It's really a personal reliability issue,'' Mr. Meyerrose said.
  Insiders of all types going rogue have become a problem for the government and industry over the last decade. One of the most prominent is Pfc. Bradley Manning, who downloaded a vast archive of American military and diplomatic materials from his post in Iraq and gave it to WikiLeaks. But there have been others, including scientists and software developers who stole secrets from American companies where they worked and provided them to China.
  Now the spotlight is on the system administrators, who are often the technology workers with the most intimate knowledge of what is moving through their employers' computer networks.
Exercise town built: Armed Forces rehearsing for the Civil War | GERMAN ECONOMIC NEWS
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  Tue, 25 Jun 2013 12:17
  'žSchn¶ggersburg'' soll eine k¼nstliche 'bungsstadt der Bundeswehr heiŸen. Etwa 100 Millionen Euro l¤sst sich der Bund dieses GroŸprojekt kosten. M¶glicherweise bereitet sich die Bundeswehr damit auf Unruhen auch in Deutschland vor. Offiziell soll der Ausbildung der Truppen f¼r den Einsatz in Krisengebieten dienen.
  Die Truppe soll lernen, sich unter Zivilisten im Stadtgebiet zu bewegen. Die Leopard-2-Panzer k¶nnten daher gleich verkauft werden, nach Norwegen zum Beispiel. (Foto: Flickr/Norwegian Army)
  Ein gigantisches Projekt entsteht derzeit in der Colbitz-Letzlinger-Heide in Sachsen-Anhalt. F¼r die Bundeswehr soll eine neue 'bungsstadt gebaut werden, und zwar mit allem was dazu geh¶rt. Dort gibt es zwar schon 'bungssiedlungen mit den Namen 'žStullenstadt'' und 'žHottendorf'', die Soldaten sollen aber in Zukunft in 'žSchn¶ggersburg'' lernen, wie man sich in einer voll ausgestatteten Stadt verh¤lt.
  N24 berichtet ¼ber die Entwicklung des Projektes:
  'žAuf einer Fl¤che von rund sechs Quadratkilometern sollen insgesamt 520 Geb¤ude samt StraŸen und Kanalisation entstehen. Es wird eine Altstadt, eine Neustadt und eine Industriestadt mit Bahnhof, Krankenhaus, Hochh¤usern und Fabriken geben. Geplant sind auŸerdem ein St¼ck U-Bahn, ein Autobahnteilst¼ck und eine Flughafen-Landebahn. Auch ein Elendsviertel ist vorgesehen.''
  In das Projekt sollen 100 Millionen Euro investiert werden, sagte J¶rg Jankowsky vom Wehrbereichskommando Ost in Strausberg. Auch ausl¤ndische Soldaten d¼rfen dort den Umgang mit der Zivilbev¶lkerung im Stadtbereich ¼ben. 'žK¼nftig k¶nnen an rund 240 Tagen im Jahr bis zu 1500 Soldaten pro 'bung auf den Ernstfall in Krisengebieten vorbereitet werden'', sagt Jankowsky.
  Der Ernstfall k¶nnte auch innerhalb Deutschlands eintreten. Das MiŸtrauen der Politik gegen¼ber den B¼rgern steigt. Offenbar soll die Bundeswehr in die Lage versetzt werden, bei Aufst¤nden entsprechend reagieren zu k¶nnen.
  Solche MaŸnahmen werden bereits in der Schweiz getroffen, wo sich die Armee auf Unruhen vorbereitet (hier). Und der j¼ngste Kampf gegen den Terror wurde in den USA gef¼hrt: Auf der Jagd nach Verd¤chtigen wurde in Watertown bei Boston der Ausnahmezustand ausgerufen, eine ganze Stadt wurde abgeriegelt (hier).
SDR-Kits: Welcome to SDR-Kits!
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  Tue, 25 Jun 2013 11:39
  Welcome! Sign in and see what's new since your last visit.
  Prices are shown excluding 20% UK Tax - For Export Orders from outside the EC Countries 20% VAT TAX will NOT be charged during Checkout.
  For a list of Current Shipping Charges: Click HERE
  New Webshop orders are normally shipped within 3-5 working days.
  Orders are best placed via Paypal. You may make payment via Paypal using most Credit cards and you do NOT need to open a Paypal account!. This is the quickest method to get your order processed and is therefore recommended. Paypal accepts payments WITHOUT having to setup a Paypal account.
  If you are unable to make payment via Paypal then use a Proforma invoice. SDR-Kits will respond with Proforma invoice and bank details. You can make payment by Bank Transfer in Euros or GBP.
  For Customers in EURO currency countries, the invoice will be in GBP but the equivalent amount of invoice will be shown in EUROS and is calculated using the official daily interbank exchange rate GBP/Euros. Payment can be made by bank transfer in Euros direct to an SDR-Kits Euro bankaccount. This will save Customers the cost of Euro to GBP Exchange rate and any bank transfer costs. These costs are borne by SDR-Kits and are similar to the Paypal charges paid by SDR-kits on Paypal orders.
  If your order is from a Company within the EEC (except UK) then you can place a Proforma order by submitting your VAT number. Companies also should email an official Company Purchase order to sdrkits@gmail.com. SDR-Kits will respond with a Proforma invoice and you can make payment by Bank Transfer in Euros or GBP.
  Thank you
Press Release: Gen. David Petraeus Joins Team Rubicon's Board of Advisors
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  Tue, 25 Jun 2013 11:21
  FOR IMMEDIATE RELEASE
  GEN. DAVID PETRAEUS JOINS TEAM RUBICON'S BOARD OF ADVISORS
  LOS ANGELES (6/18/13) '' Team Rubicon (TR) is pleased to announce the addition of General David Petraeus USA (U.S. Army, Retired) to its board of advisors.
  General Petraeus served our Nation for some 38-1/2 years, over 37 in uniform and then 14 months as the Director of the Central Intelligence Agency between 2011 and 2012. He held three four-star assignments: Commander of the International Security Assistance Force in Afghanistan, Commander of U.S. Central Command, and Commanding General of Multi-National Force''Iraq. He spent over 6-1/2 of his final 10 years in uniform deployed, in the Balkans, Iraq, Afghanistan, or elsewhere in the Mideast.
  ''I am delighted to be invited to serve on the Team Rubicon Board of Advisors. 'TR' is an extraordinary organization, one that both serves our nation when its communities are most in need and serves our veterans by reuniting them to once again perform missions that are larger than self. In so doing, TR provides an opportunity to contribute for those who have done so admirably in the past and seek to do so again after having taken off the uniform. It will be an honor to be involved with such a wonderful organization and to work together again with some of the best of what deservedly has come to be known as the New Greatest Generation '-- those who have served our Nation in uniform since 9/11. Beyond that, it will be a particular honor to help an outfit founded by two great former noncommissioned officers!'' said General Petraeus.
  ''We're honored to have General Petraeus join the team. My cofounder, William McNulty, and I personally served under his command in Iraq as part of his bold surge strategy. We look forward to him bringing the same creativity to help us solve our major strategic questions moving forward.'' said Jake Wood, Team Rubicon's President and Cofounder.
  About Team Rubicon
  Team Rubicon unites the skills and experiences of military veterans with first responders to rapidly deploy emergency response teams. TR offers veterans a chance to continue their service by helping and empowering those afflicted by disasters, and also themselves. For more about Team Rubicon, visit teamrubiconusa.org.
  ###
  MEDIA CONTACT
  William McNulty
  (310) 338-1149
  mcnulty@teamrubiconusa.org
  Filed under: Announcements, Current Operations, Press Release by Mike Lee on June 18, 2013No Comments >>
AP CEO Says Government Sources Won't Talk After Justice Department Probe
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  Tue, 25 Jun 2013 11:04
  WASHINGTON '-- The CEO of the Associated Press told an audience Wednesday that the Department of Justice has succeeded in muzzling government employees from talking to AP reporters in the weeks since the seizure of AP phone records was revealed.
  ''What I learned from our journalists should alarm everyone in this room and I think should alarm everyone in this country. The actions of the DOJ against AP are already having an impact beyond the specifics of this particular case,'' AP CEO Gary Pruitt told an audience at the National Press Club. ''Some of our longtime trusted sources have become nervous and anxious about talking to us, even about stories that aren't about national security. In some cases, government employees that we once checked in with regularly will no longer speak to us by phone, and some are reluctant to meet in person.''
  After it was made public that the Justice Department took AP Washington bureau phone records as part of the Obama administration's aggressive anti-leak operation, Pruitt said the fear among potential sources has spread to reporters from other outlets.
  ''I can tell you that this chilling effect is not just at AP, it's happening at other news organizations as well,'' he said. ''Journalists from other news organizations have personally told me it has intimidated sources from speaking to them.''
  Pruitt said he believes government officials are happy to see the process of newsgathering become more difficult in Washington.
  ''The government may love this. I suspect that they do,'' he said. ''But beware the government that loves secrecy too much.''
  During a question-and-answer session after his speech, Pruitt said he did not believe the Obama administration has had a different relationship with the press than past administrations, but he said that the Obama administration's aggressive attempts to prosecute leakers have put the administration's view of the press front and center.
It's about to get very ugly
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  Tue, 25 Jun 2013 11:03
  Seriously dangerous times ahead. Deadly times. War, and censorship under the color of authority and under the pretext of of national security'--Originally Published June 7, 2013Washington, D.C.'--Something quite unexpected happened just hours ago, in the dark of night, during a two-day layover in Washington, DC. My son and I are scheduled to take part in a seminar outside of Raleigh, North Carolina this weekend, so we combined our travels to include a side-trip to DC for a business meeting we had previously arranged. It was during this layover that something seemingly ripped from the pages of a spy novel took place.
  While I was in the middle of a perfectly good and well needed sleep in the very early hours of this morning, I received a message. I cannot disclose how I received this message, at least not now. The discerning reader will understand why, which, by the way, would make a very interesting story alone. The message was extremely clear and precise. I was to meet my high level DHS insider at a very specific location in Washington, DC, at a time when most 'normal' people, except third-shift workers are still asleep. And, I was to come alone and make certain that I was not being followed, and I was to leave any cell phone or electronic device behind.
  Seriously? I thought, as I was still trying to make sense of it all. Is all this really necessary? Is this really happening? I considered waking my son to accompany me, but opted to follow the instructions to the letter. Besides, I thought, he's not the most affable middle-of-the-night person. I left a hastily written but detailed note in my hotel room before my departure in the event something happened. I looked at the digital clock on my rental car (my personal car would never survive our long distance trip). It was 3:20 a.m.
  The meetingI felt like I was part of a spy movie set in our nation's capital. A chill rose up my spine as I waited in the dark of a chilly, misty and foggy pre-dawn morning. I was to meet with my DHS insider source at a time when most of the nation is asleep, at a place I could swear was featured in the movie All the President's Men. No one and I mean no one knows I'm here, I thought, as I could see one of the most recognizable national landmarks in the distance.
  My source appeared out of nowhere, or so it seemed, and handed me a cup of coffee with the astute observation that I looked like I needed it. So tell me, I asked impatiently, why do we have to meet at this time, at this location, and under such specific circumstances? 'Because this might be our last meeting,' he stated.
  Maybe it was the lack of sleep, the time, the place, or the chill of the misty rain that caused my sense of foreboding. ''Explain,'' I asked in an almost demanding tone. So he did, without mincing words.
  The details''If anyone thinks that what's going on right now with all of this surveillance of American citizens is to fight some sort of foreign enemy, they're delusional. If people think that this 'scandal' can't get any worse, it will, hour by hour, day by day. This has the ability to bring down our national leadership, the administration and other senior elected officials working in collusion with this administration, both Republican and Democrats. People within the NSA, the Department of Justice, and others, they know who they are, need to come forth with the documentation of 'policy and practice' in their possession, disclose what they know, fight what's going on, and just do their job. I have never seen anything like this, ever. The present administration is going after leakers, media sources, anyone and everyone who is even suspected of 'betrayal.' That's what they call it, 'betrayal.' Can you believe the size of their cahones? This administration considers anyone telling the truth about Benghazi, the IRS, hell, you name the issue, 'betrayal,''' he said.
  ''We know all this already,'' I stated. He looked at me, giving me a look like I've never seen, and actually pushed his finger into my chest. ''You don't know jack,'' he said, ''this is bigger than you can imagine, bigger than anyone can imagine. This administration is collecting names of sources, whistle blowers and their families, names of media sources and everybody they talk to and have talked to, and they already have a huge list. If you're not working for MSNBC or CNN, you're probably on that list. If you are a website owner with a brisk readership and a conservative bent, you're on that list. It's a political dissident list, not an enemy threat list,'' he stated.
  ''What's that exactly mean, being on that list, that is,'' I asked, trying to make sense of it all.
  ''It means that there will be censorship under the color of authority of anyone in the U.S. who is attempting to expose what's going on in our name. It's about controlling any damning information from reaching epidemic proportions. It's damage control to the extreme. It's about the upcoming censorship of the internet in the name of national security. The plans are already in place. These latest reports about 'spying eyes' have turned this administration and others connected to it into something very, very dangerous. They feel cornered and threatened, and I'm hearing about some plans they have to shut down the flow of information that is implicating them of wrongdoing. Time is short,'' he stated.
  ''How are they going to do this? How is it even possible'' I asked.
  ''First, they intend to use the Justice Department to silence journalists like in the Rosen case, but they won't stop there. They will use a host of national security policies, laws, letters, whatever to take out the bigger threats,'' he stated.
  Next, they will use some sort of excuse, an external threat, and I believe it will be a combination of the economic collapse and a Mid-East war that will begin in Syria to throttle the information that is accessible on the Internet. And you know what? People will believe it!''
  Based on what I've seen, most of which I should not have seen, the DHS is co-ordinating efforts with other federal agencies to begin to threaten American citizens with incarceration for non-compliance. You know the old talk of color coded lists? Well, this is what they will be using. People exposing the truth about Benghazi, killing the U.S. Dollar, even those questioning Obama?s legal status and eligibility to be President are the current targets. And they've had five long years to get to this point. The ugly truth is that these policies and practices did not start under Obama, but long before. This is about the killing of our Constitutional Republic. The murder of our country and the stripping of our rights. While many have been preoccupied with one issue, few have seen the bigger issue. This is the 'end game,' for all the marbles,'' he stated.
  More to come''Please,'' pleaded my source, ''get this information out while you can. Tell people what I'm saying, that we don't have much time, that after the latest exposure of spying, Obama, Jarrett, Axelrod, and others, including members of Congress, have put their plans into high gear. This is about the Marxist takeover of America. This is about our country being able to survive another July 4th holiday. This is about a world war about to break out that will kill millions of people, all because of the agenda of this administration.''
  ''They are very dangerous and will do anything and everything to stop the onslaught of negative information that's being reported by the main stream media. But only about one quarter of the real information is being reported. The other three quarters will be the game changer. But first, tell people what I've said. Let them know that more will follow but get this information out right now while the internet is still relatively free. Do it today.''
  My source provided additional information, but I am abiding by his wish to get this much out. I am writing now to let people know that we are in for seriously dangerous times ahead. Deadly times. War, and censorship under the color of authority and under the pretext of of national security. It's about to get a lot uglier. Stay tuned.
  CommentsCopyright (C) Douglas J. Hagmann and Canada Free Press
  Douglas J. Hagmann and his son, Joe Hagmann host The Hagmann & Hagmann Report, a live Internet radio program broadcast each weeknight from 8:00-10:00 p.m. ET.
  Douglas Hagmann, founder & director of the Northeast Intelligence Network, and a multi-state licensed private investigative agency. Doug began using his investigative skills and training to fight terrorism and increase public awareness through his website.
  Doug can be reached at: .(JavaScript must be enabled to view this email address)
  Older articles by Doug Hagmann
More DHS insider from DC Northeast Intelligence NetworkNortheast Intelligence Network
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  Tue, 25 Jun 2013 10:56
  Please comment on this article at Canada Free Press
  Image courtesy of Canada Free Press
  By Douglas J. Hagmann
  20 June 2013: As noted in my June 7, 2013 report titled DHS Insider: It's about to get very ugly, the additional information provided to me that was temporarily withheld from publication is now being released. The methodical and incremental release of information was (and is) deliberate, to allow other things to play out, such as the public exposure to the name Edward Snowden and his revelations regarding just how extensive the domestic surveillance apparatus is '' and who the surveillance is actually targeting.
  Back to the early hours of June 7, 2013
  ''You've got to understand that they are trying to find the likes of me,'' stated my source. Pretty soon, no one is going to be talking to anybody, especially in the alternative media, even about the damn weather. They won't risk it, and I'm not just talking about a risk to their careers, either. There has been a systematic method of intimidation with some known and even 'approved' media contacts, not just against them, butagainst their families,'' he emphasized.
  ''Just give it two weeks at most, it will come out that no one will talk to the media,'' he added. [Author note: See this article about AP CEO confirming their sources won't talk anymore, dated 19 June 2013]. ''But let me give you some details about some things I was told too. I know this is second-hand information, but it was from someone in a position of authority to know, someone I trust, and someone who I expect to reveal to [name of elected official deleted] the true extent of what has and in some cases, still is taking place. This individual is preparing to disclose much, and has obtained legal counsel, but the problem is that one misstep could be fatal in a literal sense, and [this source] knows that. If not fatal, there are other legal challenges, especially under a corrupt judiciary. By the time this appears in print, the disclosures will likely have already been made, just not made public.''
  The Holder hammer & the Chicago plumbers
  ''The revelation last month that the Justice Department seized two months of telephone records from the Associated Press (AP) last year is only a small part of the story. The public admission is that the Holder Justice Department obtained only telephone records from three locations, something like 20 lines, and records of calls from the House press gallery for about two months. That's one of the biggest lies ever told,'' stated my source.
  ''The truth is that it was not limited to AP, and not limited to just number identification and call duration, but was an extensive and active wiretapping operation that included every reporter's telephone conversations, landline and cell, text messages from their personal and business cellular telephones and other electronic devices. The primary focus is on the press gallery, where everything was monitored in real time.''
  ''Not only were the communications of reporters compromised, so were the private communications of congressmen and their aides. Listen to what I am saying,'' he stressed, ''the operation was much larger than anyone can imagine. Recordings, actual voice recordings, were turned over to the Obama administration, along with transcripts of texts, other communications and contacts.''
  ''NSA assets were used, with the NSA acting as the collection agency for their intermediate client, the DHS. Then, at the highest levels of DHS, they sifted through the information collected. But the ultimate client or recipient of the information was the Obama White House. I don't know if other agencies were involved in sorting through the material, but DHS, and this was limited to the highest of levels at DHS under the personal direction of Janet Napolitano, provided volumes of data directly to the Obama administration. One person inside the administration I know received the data was Valerie Jarrett,'' he stated.
  ''The other part of the lie is that this operation lasted only two months. That's a lie. It went on well into late last year, was halted shortly after the election, but then picked back up sometime in January,'' he said. Something happened in January where there appeared to be another active wiretapping operation started, but this one appeared to be more focused, or more limited in scope. Maybe, and I'm just guessing here based on some of the things I heard, that the Obama people had narrowed their interests based on the fruits of the previous operation.''
  Now the 'Holder hammer' is coming down on anyone who opens their mouth, or previously leaked any information that could have been or be detrimental to Obama. I can tell you that Valerie Jarrett is working, out of the White House, with DHS and other agencies to co-ordinate their efforts with Justice,'' the latter a reference to the Eric Holder Justice Department. ''At the same time, on the media side, there is a 'plumbers team' headed out of Chicago, with a long reach to the New York and Washington press correspondents. So they are not only going after those on the inside, but the journalists from the other side.''
  ''The intimidation factor is huge if a media contact is outside of a small circle of 'vetted' journalists who are completely loyal to Obama and his agenda. If you are not part of that inner circle, you are a target, it's that simple. You are seeing the formation of a state-run media and an administration that will intimidate, punish or prosecute anyone considered unfriendly to the Obama camp from the inside and the outside. Like I said, this also involves elected officials, their staffs and even in some cases, their families. And it is all being done under the color of authority and the pretext of national security,'' he added.
  Loyalty to the man, not the office
  It was at this point I asked my source, what were or are they looking for?
  ''Anything and everything,'' he responded. ''Obviously, it's about loyalty to the man, damn the country and damn the law. Protect the man and the agenda, which is not just his agenda, but the people who put him in office.''
  Like who? I asked.
  ''Who benefits? This is about dismantling the United States and nothing less. This is about foreign interests who have taken over our government without a shot. Look at Syria and our economy, both issues that are expected, at least as discussed within DHS, to play out this year. You had it correct on both counts when you wrote about our involvement in Syria, by way of weapons shipments from Benghazi, to open another war. You also had it correct when you wrote about the killing of the U.S. Dollar. You want to know how I know this? Because the blowback from those two issues alone, one foreign and the other domestic, are what DHS is gearing up for in our 'homeland,''' he stated.
  ''Unless there are enough people who wake up fast enough, we will become involved in a war in Syria, with boots on the ground, facing not only Syrian troops but Russian forces. There will be blowback here in the United States. Along with this, you will see the U.S. dollar 'collapse' as the reserve currency, and social uprisings here in the U.S. over both. It will be DHS teamed with other federal agencies who will meet, with force, the uprisings. There will be chaos here, but it is expected to be different depending upon where you are at. Big cities will have the most problems, and plans are being made to cordon off cities and restrict travel at the time when these uprisings start. I really didn't want to use this phrase, but expect martial law to be used 'for the security' of those affected by the turmoil.''
  ''Then, you will see the internet being regulated in a manner that will serve only the agenda of this administration. Either right before or during these events, so-called citizen journalists will be particularly vulnerable. Watch for a serious crackdown of bloggers, online news publications and websites, but not in the way that will be immediately obvious. The 'plumbers team' have coordinated their efforts with Internet Service Providers to identify the people like you and others who publish their information on web sites. At first they will cite violations of terms of service. Then, they will select a few 'troublemakers' and identify them for criminal prosecution. Others will experience hacking and other electronic attacks. And during all of that, there will be the Obama team flooding the internet with misinformation and disinformation. In fact, that is already taking place.''
  During our conversation, I started to ask about certain journalists and bloggers who died, either from 'natural causes' or in accidents, suicides, and under other strange circumstances. My source interrupted before I could finish my question.
  ''Don't even go there, don't bother asking me, because I just don't know, he stated in a rather agitated manner. I do have my suspicions about one, maybe two who got a bit too close to the truth and foolishly trusted certain people, but I really don't know for sure.''
  So, what will all of this look like, I asked, when it all comes down.
  ''I've thought about that myself, and have seen some DHS documents outlining different scenarios. Maybe not what you think,'' he replied. ''Outside of the rioting in certain urban areas, the low stocks at your local stores, and rationing of gas, maybe not as dire as you imagine. My best guess is a combination of the riots of the 1960'²s along with the gasoline rationing of the 1970'²s, at least at first. Once people who want to save the country, those with good intentions begin to organize, it will become incrementally worse,'' he stated.
  ''Like a car careening off a cliff, but not hitting the bottom right away. It will hit jagged edges first, each time suffering more damage. Each blow will be worse than the next.''
  Centralization
  ''Let me try to sum it up for you. It's getting late, and I mean it's getting late this morning and late for our country. This is all about centralization of power and pursuing an agenda that makes no sense or has any benefit to the United States. All of the things we are seeing are related. The IRS, Syria, Benghazi, the NSA, and just about everything you can name is about one thing: the consolidation of power and the centralization of authority. This party did not start with Obama, and might not end with him either.''
  I interjected my surprise at this point, noting that I thought the worst, like others, that we might not see another presidential election. ''When did I mention anything about an election?''
  ''You're not thinking big enough,'' he admonished. Nobody is thinking big enough, or has been thinking at all, which is why we're in this position. This is a global agenda, or an agenda of the global interests, the money interests. Do you think for one second that if a person, and I don't give a damn who it is or what position they hold, becomes a liability to those interests that they wouldn't get rid of them? Don't you think those in power know this?
  Cryptically, he spoke of Obama's apparent infatuation with Abraham Lincoln and asked, rhetorically whether that means anything. A country that will fall into a civil war of sorts, and all of the things common to both. Does Obama know something, or feel something? Is that playing in to his desire for oaths only to him, and not the country? Think about it.''
  Time frame
  As we were parting, I felt a bit like Peter Falk playing Columbo in the 1970'²s television series when I said that I had ''just one more question.'' When is all of this going to start?
  What? He turned and looked at me as if I had uttered an insult.
  ''It's already begun. You're seeing it now. If you want to know a date when our money will tank, or when the war goes hot, or when you won't be able to get food or gas, I can't tell you, and I don't think anyone can. But remember what I said before, about the metals taking a hit and something happening after that. Look at the metals market. The U.S. has very little gold. Everything you see is being manipulated, from the economy to the metals to foreign policy. I believe that most politicians know how dire things are, and most are clawing their way for a seat at the global table. But if I had to answer you, and I guess I will so you'll let me leave, I'd look for something to happen in early July as a precursor to the more major events later in the summer or fall, maybe in October.''
  ''But don't try to look at dates for answers, look at events, even the small ones. Remember, their objectives haven't changed, only their plans to adapt to the right conditions. To the unaware, it will look like everything was just one big unfortunate coincidence.''
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'Criminal flash mob' accused of stealing $45 million in hours with coordinated ATM attacks
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  Archived Version
  Tue, 25 Jun 2013 10:32
  Eight people have been arrested in New York in connection to an ATM hacking scheme that resulted in the theft of $45 million over the course of a few hours. According to the US Immigrations and Customs Enforcement division of the Department of Homeland Security, the suspects hacked into the computer systems of banking institutions to steal the money in two coordinated attacks.
  Though the arrests were made in Yonkers, NY, officials say the suspects are part of an international crime ring that utilizes hacking techniques to steal money electronically. The attacks, committed in December 2012 and February of this year, involved ATM withdrawals in 20 different countries. One of the attacks performed more than 36,000 transactions over the course of 10 hours. The thieves then laundered the money through purchases of luxury goods, such as jewelry and sports cars.
  More than 36,000 transactions were performed over the course of 10 hours
  Prosecutors have dubbed the attacks "Unlimited Operation," and U.S. Attorney Loretta E. Lynch, Eastern District of New York says that "the organization worked its way from the computer systems of international corporations to the streets of New York City, with the defendants fanning out across Manhattan to steal millions of dollars from hundreds of ATMs in a matter of hours." She added, "this was indeed the largest theft of this type that we have yet seen." Prosecutors have also described the attack as a "criminal flash mob," thanks to its coordinated fashion.
  No individual accounts were hacked into
  Despite the large amount of money stolen, individual accounts were not targeted in the scheme. Instead, the hackers accessed the systems of debit card processors and greatly increased the value of specific prepaid debit cards, before withdrawing the funds from ATMs. The thieves would then coordinate their worldwide team to perform the ATM transactions in as little time as possible. Speaking to The Wall Street Journal, Lynch said that prosecutors were investigating specific individuals in Europe and Asia to find out the ringleaders of the crime ring.
  Authorities did not say how they became aware of the operation or what tipped them off to arrest these specific suspects, but they did have surveillance camera footage of some of the ATM withdrawals taking place. The defendants face maximum sentences of 120 months in federal prison for each of the four counts of money laundering, as well as up to 90 months on the conspiracy to commit access device fraud charge, if they are convicted.
Demonizing Edward Snowden: Which Side Are You On?
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  Archived Version
  Tue, 25 Jun 2013 10:29
  As I write this, a bunch of reporters are flying from Moscow to Havana on an Aeroflot Airbus 330, but Edward Snowden isn't sitting among them. His whereabouts are unknown. He might still be in the V.I.P. lounge at Sheremetyevo International Airport. He could have left on another plane. There are even suggestions that he has taken shelter in the Ecuadorian Embassy in Moscow.
  What we do know is that, on this side of the Atlantic, efforts are being stepped up to demonize Snowden, and to delegitimize his claim to be a conscientious objector to the huge electronic-spying apparatus operated by the United States and the United Kingdom. ''This is an individual who is not acting, in my opinion, with noble intent,'' General Keith Alexander, the head of the National Security Agency, told ABC's ''This Week'' on Sunday. ''What Snowden has revealed has caused irreversible and significant damage to our country and to our allies.'' Over on CBS's ''Face the Nation,'' Senator Dianne Feinstein, head of the Senate Intelligence Committee, said, ''I don't think this man is a whistle-blower'... he could have stayed and faced the music. I don't think running is a noble thought.''
  An unnamed senior Administration official joined the Snowden-bashing chorus, telling reporters, ''Mr. Snowden's claim that he is focussed on supporting transparency, freedom of the press, and protection of individual rights and democracy is belied by the protectors he has potentially chosen: China, Russia, Cuba, Venezuela, and Ecuador. His failure to criticize these regimes suggests that his true motive throughout has been to injure the national security of the U.S., not to advance Internet freedom and free speech.''
  It is easy to understand, though not to approve of, why Administration officials, who have been embarrassed by Snowden's revelations, would seek to question his motives and exaggerate the damage he has done to national security. Feinstein, too, has been placed in a tricky spot. Tasked with overseeing the spooks and their spying operations, she appears to have done little more than nod.
  More unnerving is the way in which various members of the media have failed to challenge the official line. Nobody should be surprised to see the New York Post running the headline: ''ROGUES' GALLERY: SNOWDEN JOINS LONG LIST OF NOTORIOUS, GUTLESS TRAITORS FLEEING TO RUSSIA.'' But where are Snowden's defenders? As of Monday, the editorial pages of the Times and the Washington Post, the two most influential papers in the country, hadn't even addressed the Obama Administration's decision to charge Snowden with two counts of violating the Espionage Act and one count of theft.
  If convicted on all three counts, the former N.S.A. contract-systems administrator could face thirty years in jail. On the Sunday-morning talk shows I watched, there weren't many voices saying that would be an excessive punishment for someone who has performed an invaluable public service. And the person who did aggressively defend Snowden's actions, Glenn Greenwald, the Guardian blogger who was one of the reporters to break the story, found himself under attack. After suggesting that Greenwald had ''aided and abetted'' Snowden, David Gregory, the host of NBC's ''Meet the Press,'' asked, ''Why shouldn't you, Mr. Greenwald, be charged with a crime?''
  After being criticized on Twitter, Gregory said that he wasn't taking a position on Snowden's actions'--he was merely asking a question. I'm all for journalists asking awkward questions, too. But why aren't more of them being directed at Hayden and Feinstein and Obama, who are clearly intent on attacking the messenger?
  To get a different perspective on Snowden and his disclosures, here's a portion of an interview that ABC'--the Australian Broadcasting Company, not the Disney subsidiary'--did today with Thomas Drake, another former N.S.A. employee, who, in 2010, was charged with espionage for revealing details about an electronic-eavesdropping project called Trailblazer, a precursor to Operation Prism, one of the programs that Snowden documented. (The felony cases against Drake, as my colleague Jane Mayer has written, eventually collapsed, and he pleaded guilty to a misdemeanor.)
  INTERVIEWER: Not everybody thinks Edward Snowden did the right thing. I presume you do'...
  DRAKE: I consider Edward Snowden as a whistle-blower. I know some have called him a hero, some have called him a traitor. I focus on what he disclosed. I don't focus on him as a person. He had a belief that what he was exposed to'--U.S. actions in secret'--were violating human rights and privacy on a very, very large scale, far beyond anything that had been admitted to date by the government. In the public interest, he made that available.
  INTERVIEWER: What do you say to the argument, advanced by those with the opposite viewpoint to you, especially in the U.S. Congress and the White House, that Edward Snowden is a traitor who made a narcissistic decision that he personally had a right to decide what public information should be in the public domain?
  DRAKE: That's a government meme, a government cover'--that's a government story. The government is desperate to not deal with the actual exposures, the content of the disclosures. Because they do reveal a vast, systemic, institutionalized, industrial-scale Leviathan surveillance state that has clearly gone far beyond the original mandate to deal with terrorism'--far beyond.
  As far as I'm concerned, that about covers it. I wish Snowden had followed Drake's example and remained on U.S. soil to fight the charges against him. But I can't condemn him for seeking refuge in a country that doesn't have an extradition treaty with the United States. If he'd stayed here, he would almost certainly be in custody, with every prospect of staying in a cell until 2043 or later. The Obama Administration doesn't want him to come home and contribute to the national-security-versus-liberty debate that the President says is necessary. It wants to lock him up for a long time.
  And for what? For telling would-be jihadis that we are monitoring their Gmail and Facebook accounts? For informing the Chinese that we eavesdrop on many of their important institutions, including their prestigious research universities? For confirming that the Brits eavesdrop on virtually anybody they feel like? Come on. Are there many people out there who didn't already know these things?
  Snowden took classified documents from his employer, which surely broke the law. But his real crime was confirming that the intelligence agencies, despite their strenuous public denials, have been accumulating vast amounts of personal data from the American public. The puzzle is why so many media commentators continue to toe the official line. About the best explanation I've seen came from Josh Marshall, the founder of T.P.M., who has been one of Snowden's critics. In a post that followed the first wave of stories, Marshall wrote, ''At the end of the day, for all its faults, the U.S. military is the armed force of a political community I identify with and a government I support. I'm not a bystander to it. I'm implicated in what it does and I feel I have a responsibility and a right to a say, albeit just a minuscule one, in what it does.''
  I suspect that many Washington journalists, especially the types who go on Sunday talk shows, feel the way Marshall does, but perhaps don't have his level of self-awareness. It's not just a matter of defending the Obama Administration, although there's probably a bit of that. It's something deeper, which has to do with attitudes toward authority. Proud of their craft and good at what they do, successful journalists like to think of themselves as fiercely independent. But, at the same time, they are part of the media and political establishment that stands accused of ignoring, or failing to pick up on, an intelligence outrage that's been going on for years. It's not surprising that some of them share Marshall's view of Snowden as ''some young guy I've never heard of before who espouses a political philosophy I don't agree with and is now seeking refuge abroad for breaking the law.''
  Mea culpa. Having spent almost eighteen years at The New Yorker, I'm arguably just as much a part of the media establishment as David Gregory and his guests. In this case, though, I'm with Snowden'--not only for the reasons that Drake enumerated but also because of an old-fashioned and maybe na¯ve inkling that journalists are meant to stick up for the underdog and irritate the powerful. On its side, the Obama Administration has the courts, the intelligence services, Congress, the diplomatic service, much of the media, and most of the American public. Snowden's got Greenwald, a woman from Wikileaks, and a dodgy travel document from Ecuador. Which side are you on?
Ubuntu Manpage: fldigi - digital modem program for hamradio operators
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  Archived Version
  Tue, 25 Jun 2013 05:44
  Provided by: fldigi_3.21.68-1_i386NAME fldigi - digital modem program for hamradio operatorsSYNOPSISfldigi [OPTIONS]DESCRIPTIONFldigi is a cross-platform multi-modem program for most of the digital modes used by radio amateurs today: CW, PSK, MFSK, MT-63, RTTY, Hellschreiber, DominoEX, Olivia, THOR and Throb are all supported. It can also help calibrate a sound card to a time signal and do on-air frequency measurement tests. Fldigi features basic rig control, logging, and contest operation, ''panoramic'' PSK decoding, a PSK Reporter client, and remote control via XML-RPC.OPTIONS Long options begin with two hyphens and are handled by fldigi. The option names may be abbreviated to any unambiguous substring, and the option argument may be separated from the name by a space or equals sign, as per getopt(3). Short options begin with a single hyphen and are passed directly to FLTK. They may be abbreviated only as indicated. --config-dirDIRECTORY Look for and store configuration files in directory DIRECTORY, which is created if it does not exist. Defaults to ''$HOME/.fldigi''. --rx-ipc-keyKEY Set the receive message queue key. May be given in hex if prefixed with ''0x''. Defaults to ''9876'' or ''0x2694''. --tx-ipc-keyKEY Set the transmit message queue key. May be given in hex if prefixed with ''0x''. Defaults to ''6789'' or ''0x1a85''. --arq-server-addressHOSTNAME Set the ARQ TCP server address. Defaults to ''127.0.0.1''. HOSTNAME may be any nodename string accepted by getaddrinfo(3). --arq-server-portPORT Set the ARQ TCP server port. Defaults to ''7322''. PORT may be any servicename string accepted by getaddrinfo(3). Note The --xmlrpc-* options are only available if fldigi was built with XML-RPC support. --xmlrpc-server-addressHOSTNAME Set the XML-RPC server address. Defaults to ''127.0.0.1''. --xmlrpc-server-portPORT Set the XML-RPC server port. Defaults to ''7362''. --xmlrpc-allowREGEX Allow only the methods whose names match REGEX. REGEX is a POSIX extended regular expression. --xmlrpc-denyREGEX Allow only the methods whose names do not match REGEX. --xmlrpc-list List all available XML-RPC methods and exit. May be preceded by the --xmlrpc-allow or --xmlrpc-deny options to verify their effect. --cpu-speed-test Perform the CPU speed test that is normally done when fldigi is run without an existing configuration directory. Results are shown in the event log and options may be changed to the recommended values for the measured CPU speed. --noise Unhide controls for adding noise to the transmitted signal. --wfall-only Hide all main window widgets except the menu bar and waterfall (with its associated controls). Meant to be used with external programs that control fldigi with XML-RPC. --debug-levelLEVEL Set the event log verbosity. LEVEL is clamped to the range [0,5]; for Quiet, Error, Warning, Info, Verbose and Debug. Defaults to ''3'' (Info). --version Print version information and exit. --build-info Print build information and exit. --help Print options summary and exit. StandardFLTKoptions-bg,-backgroundCOLOUR Set the background colour. -bg2,-background2COLOUR Set the secondary (text) background colour. -di,-displayDISPLAY Specifies the X server to connect to; see X(7). -dn,-dnd or -nodn,-nodnd Enable or disable drag and drop copy and paste in text fields. -fg,-foregroundCOLOUR Set the foreground colour. -g,-geometryGEOMETRY Set the initial window size and position. Fldigimaynothonourthisoption. -i,-iconic Start fldigi in iconified state. Fldigimaynothonourthisoption. -k,-kbd or -nok,-nokbd Enable or disable visible keyboard focus in non-text widgets. -na,-nameCLASSNAME Set the window class. Defaults to ''Fldigi''. -ti,-titleWINDOWTITLE Set the window title. Defaults to ''fldigi - ''. AdditionalUIoptions--fontFONT[:SIZE] Set the widget font and (optionally) size. Defaults to ''sans:12''. OptionsusefultodevelopersNote The --benchmark-* options are only enabled if fldigi was built (exclusively) for benchmarking and batch decoding. --benchmark-modemID Specify the modem. Defaults to ''25'' (''BPSK31''). --benchmark-frequencyFREQ Set the modem frequency in Hz. Defaults to ''1000''. --benchmark-afcBOOLEAN Enable or disable modem AFC. Defaults to ''false''. --benchmark-squelchBOOLEAN Enable or disable modem squelch. Defaults to ''false''. --benchmark-squelch-levelLEVEL Set the modem squelch level (1'--100%). Defaults to ''0.0''. --benchmark-inputINPUT Specify the input. Must be a positive integer indicating the number of samples of silence to generate as the input, or, if fldigi was linked with libsndfile, the name of the input audio file. The filename must contain non-digit characters. --benchmark-outputFILE Specify the output data file. Non-textual output (i.e. Hellschreiber or MFSK images) cannot be saved. Default: decoder output is discarded. --benchmark-src-ratioRATIO Specify the sample rate conversion ratio. Defaults to ''1.0'' (input is not resampled). --benchmark-src-typeTYPE Set the sample rate conversion type. TYPE is an integer in the range [0,4]. Defaults to ''2'' (''Fastest SINC Interpolator''). WarningThefollowingoptionsshouldnotbereliedupon.Theyarelistedhereonlyforthesakeofcompleteness,andmaybereplacedbyGUIsettingsorremovedaltogetherinafutureversion.--wfall-widthWIDTH Set the waterfall width. --wfall-heightHEIGHT Set the waterfall height. --window-widthWIDTH Set the minimum window width. --window-heightHEIGHT Set the minimum window height. --exit-afterSECONDS Run for approximately SECONDS seconds. --frames-per-bufferFRAMES Set frames per buffer option to FRAMES when creating PortAudio streams. Defaults to ''0'' (let PortAudio choose).ENVIRONMENT Fldigi uses several environment variables, mainly set for child processes created by the macro and the notifier. Generalvariables FLDIGI_BROWSER The web browser to use for http and file URIs. Overrides $BROWSER and xdg-open(1). Macrovariables The following variables are created in the environment of the child process that is forked by the macro. They are empty if values are not available. FLDIGI_RX_IPC_KEY The receive message queue key. FLDIGI_TX_IPC_KEY The transmit message queue key. FLDIGI_XMLRPC_ADDRESS The XML-RPC server address string. FLDIGI_XMLRPC_PORT The XML-RPC server port string. FLDIGI_ARQ_ADDRESS The ARQ server address string. FLDIGI_ARQ_PORT The ARQ server port string. FLDIGI_VERSION The version string. FLDIGI_PID The process ID of the parent fldigi process. FLDIGI_CONFIG_DIR The configuration directory. FLDIGI_MY_CALL The operator's callsign. FLDIGI_MY_NAME The operator's name. FLDIGI_MY_LOCATOR The operator's IARU (Maidenhead) locator. FLDIGI_MODEM The short modem name. FLDIGI_MODEM_LONG_NAME The long modem name. FLDIGI_DIAL_FREQUENCY The rig (radio) frequency. FLDIGI_AUDIO_FREQUENCY The modem (audio) centre frequency. FLDIGI_FREQUENCY The actual receive/transmit frequency, i.e. the sum of rig and modem frequencies taking into account the rig sideband. FLDIGI_LOG_FREQUENCY The text (frequency in MHz) contained in the QSOFreq log field. FLDIGI_LOG_TIME_ON The text (QSO start time) contained in the (time) On log field. FLDIGI_LOG_TIME_OFF The text (QSO end time) contained in the (time) Off log field. FLDIGI_LOG_CALL The text (other station's callsign) contained in the Call log field. FLDIGI_LOG_NAME The text (other station's name) contained in the Name log field. FLDIGI_LOG_RST_IN The text (received RST) contained in the (RST) In log field. FLDIGI_LOG_RST_OUT The text (sent RST) contained in the (RST) Out log field. FLDIGI_LOG_QTH The text (other station's QTH) contained in the QTH log field. FLDIGI_LOG_LOCATOR The text (other station's Maidenhead locator) contained in the Loc log field. FLDIGI_LOG_NOTES The text (free-form notes) contained in the Notes log field. FLDIGI_AZ The text (azimuth in degrees to other station) contained in the Az log field. Notifiervariables The following variables are created in the environment of child processes created by the notifier. FLDIGI_NOTIFY_STRi These variables (i in [0,9]) contain substrings matched by capturing groups in the event's regular expression. 0 contains the whole matched text. FLDIGI_NOTIFY_STR_NUM The number of substrings available. FLDIGI_NOTIFY_CALLSIGN Builtin event types that match callsigns will place the callsign in this variable. FLDIGI_NOTIFY_TEXT The complete string that matched the event's regular expression. FLDIGI_NOTIFY_AUDIO_FREQUENCY The modem frequency. FLDIGI_NOTIFY_EVENT The event type. FLDIGI_NOTIFY_COUNTRY The station's country name (for events of type "station heard twice"). Debuggingvariables The following variables are only used if fldigi was built with debugging support (--enable-debug), or they are only useful when debugging specific modules. FLDIGI_NO_EXEC If set, this variable disables glibc's malloc debugging, which fldigi enables by default when built for debugging. FLDIGI_TRACE_LOCKS Traces Fl::lock() calls. FLDIGI_HAMLIB_DEBUG Initialises hamlib in debug mode.RESTRICTIONS Fldigi is licensed under the GNU GPL, which grants you the right to run the program for any purpose (freedom 0). However, permission to use it for the transmission of radio signals can only be obtained from the communications authority of your country. When given, this permission almost always comes in the form of an amateur radio license. If you do not have an amateur radio license you can still have fun using fldigi as a shortwave listener. One way to do so is by using the builtin PSK Reporter client to submit realtime spots of transmitting stations; see RESOURCES below. All you need is a computer, homebrew SDR receiver, and simple wire antenna!FILES Various files and subdirectories are created in $HOME/.fldigi. Some of the most interesting ones are listed below. fldigi_def.xml The main settings file. fldigi.prefs The ''status'' file. Stores window geometries, button states, current modem, current audio frequency, squelch level, and so on. status_log.txt The event log. macros/macros.mdf The default macro file. palettes/ This directory contains waterfall palettes. scripts/ This directory is added to the PATH environment variable of the child process that runs macros. logs/ This directory contains logged received and sent text (when such logging is enabled), including the default logbook database, logbook.adif. images/ Received MFSK images are automatically saved in this directory. freqanalysis.csv This file is written by the frequency analysis modem. The fields are dial frequency, audio frequency, and offset. See documentation for details. Note The following files are used if present. They must be downloaded and copied to ~/.fldigi/ by the user. cty.dat List of DXCC entities and callsign prefixes; used to display tooltips in the received text buffer, and also to auto-fill the Country, Locator and Azimuth log fields. Available at http://www.country-files.com/cty/. lotw1.txt List of known LOTW users (one callsign per line); used for the received text tooltips. Available at http://www.hb9bza.net/lotw/. AGMemberList.txt or eqsl.txt List of ''Authenticity Guaranteed'' eQSL users (one callsign per line); used for the received text tooltips. Available at http://www.eqsl.cc/QSLcard/Programming.cfm.EXAMPLES fldigi --wfall-height 144 --font sans:11 -fg "#c0c0c0" -bg "#5f5f63" -bg2 "#19213b" This is how the author of this document invokes fldigi. fldigi --xmlrpc-deny "main.(tx|tune|run_macro)" Unregister XML-RPC methods that may transmit. ssh -L 7362:localhost:7362 remote-host xvfb-run fldigi -display :99 Start fldigi on remote-host under a ''fake'' X server. (The xvfb-run(1) utility is available on Debian systems). The remote ''headless'' fldigi is then controlled via XML-RPC on port 7362, e.g. using fldigi-shell(1). fldigi --benchmark-input 480000 --benchmark-modem 1 Benchmark the DominoEX-4 modem with 480K audio samples. fldigi --benchmark-input audio.wav --benchmark-modem 25 --benchmark-frequency 1500 --benchmark-afc 1 --benchmark-squelch 1 --benchmark-squelch-level 5.0 --benchmark-output out.txt Read audio.wav (whose sample rate must be 8000Hz in this case) and decode BPSK-31 signals at 1500Hz. AFC is enabled and the squelch is set to 5%. Decoded text is saved to out.txt.BUGS Yes.SEEALSOfldigi-shell(1), gmfsk(1), gpsk31(1), grig(1), rigctl(1), xlog(1), getaddrinfo(3), getopt(3), regex(7), X(7)RESOURCES Main web site: http://www.w1hkj.com/Fldigi.html BerliOS project page: http://developer.berlios.de/projects/fldigi/ Wiki and bug tracker: https://fedorahosted.org/fldigi/ More information on MFSK16, DominoEX and other digital modes can be found at http://www.qsl.net/zl1bpu/ and http://www.w1hkj.com/FldigiHelp/Modes/index.htm The PSK Automatic Propagation Reporter site can be found at http://www.pskreporter.info/AUTHORS Fldigi was written by · David Freese, W1HKJ. · Stelios Bounanos, M0GLD. · Leigh L. Klotz, Jr., WA5ZNU. Fldigi also includes code written by others. Among them are · Tomi Manninen, OH2BNS. · Pawel Jalocha, SP9VRC. · Hamish Moffatt, VK3SB. This manual page was written by Stelios Bounanos .COPYING License GPLv3+: GNU GPL version 3 or later. 02/09/2013 FLDIGI(1)
Notifications and Run Program
  Link to Article
  Archived Version
  Tue, 25 Jun 2013 05:27
  Notifications and Run Programremi.chateauneu at gmail.comremi.chateauneu at gmail.comWed Dec 1 23:44:56 CET 2010
  If we assume that the macro waits for x seconds, a string matching "y" (REGEXP means "regular expression", a kind of string matcher), such a macro syntax might help:Received $MatchIt would translate as:Wait 60 seconds until a string matches "paNBEMS WX" or "paNBEMS FLMSG". If yes, transmit the string "Received 'matched string'". If not, do nothing. Then repeat the macro.Or:echo $Match | mail -s nbems user at address.com ... which would mean:Wait 60 seconds until a string matches "paNBEMS WX" or "paNBEMS FLMSG". If yes, mail the matched string. If not, do nothing. Then repeat the macro.FYI, I am (slowly) thinking about something like that for a different application (Frequency scanning), at the price of a couple of changes to the macro execution logic.Le 30.11.2010 23:35, Dave Kleber a (C)crit :> Well, knowing little to nothing about programming, I think what you're> saying is what I was looking for.>> I brought the subject up because a local NWS station has expressed some> interest in getting set up for NBEMS. They have a fairly large call> watch area and the furthest Counties out can't be reached by VHF/UHF.> They have an HF station and antenna. The thought would be to have anyone> at the office simply turn on the station which would be locked to a> fixed 80m frequency. Then boot up the computer, which we could have> NBEMS set to open on start up. From there, have the notification feature> act upon a certain text string (i.e. "paNBEMS WX" or "paNBEMS FLMSG"),> which would trigger an event that would automatically print the wrap> message following the trigger text. The sound of the page being printed> would alert the forecasters of an incoming message. Maybe an additional> event for a wave file could be done, too.>> Something along the lines of what I describe would have been a major> plus on our last Simulated Emergency Test (SET) exercise last month. A> traffic manager at our Official Relay station could have simply> collected the printed messages and managed the direction of the traffic,> by priority, to the various nets on different frequencies and bands we> were relaying to.>> -Dave, KB3FXI>>> On 11/30/2010 5:57 PM, remi.chateauneu at gmail.com wrote:>> Hi,>>>> Are you thinking about a macro with a filter string which would>> trigger a program upon reception of this string ?>>>> This macro could also try a range of frequency, waiting X seconds on>> each of them.>>>> Le 30.11.2010 21:06, Dave Kleber a (C)crit :>>> Hello all,>>>>>> In reading the online help for FLDIGI, I see that the "run program">>> feature under notifications is currently limited to Unix/Linux.>>>>>> I'm wondering if this feature will be extended to the other operating>>> systems and would be interested in seeing some practical examples of>>> programs that might run with the notification trigger. I'd also like to>>> know if the following might be possible:>>>>>> If notification were set, for instance, to activate upon receiving>>> "paNBEMS flmsg", would it be possible to activate a batch file routine>>> to automatically print an flmsg message following the "paNBEMS flmsg">>> text?>>>>>> This could be a very powerful feature in the advancement of NBEMS,>>> especially for EOC, NWS and Official Emergency/Relay station operations.>>> My thought is that with this functionality, even stations waiting for>>> the arrival of a licensed op could get automatic print outs of all>>> priority and emergency messages on a fixed frequency by simply turning>>> on a transceiver and booting up the connected computer and printer.More information about the fldigi-alpha mailing list
  Notifications and Run Programremi.chateauneu at gmail.comremi.chateauneu at gmail.comWed Dec 1 23:44:56 CET 2010
  If we assume that the macro waits for x seconds, a string matching "y" (REGEXP means "regular expression", a kind of string matcher), such a macro syntax might help:Received $MatchIt would translate as:Wait 60 seconds until a string matches "paNBEMS WX" or "paNBEMS FLMSG". If yes, transmit the string "Received 'matched string'". If not, do nothing. Then repeat the macro.Or:echo $Match | mail -s nbems user at address.com ... which would mean:Wait 60 seconds until a string matches "paNBEMS WX" or "paNBEMS FLMSG". If yes, mail the matched string. If not, do nothing. Then repeat the macro.FYI, I am (slowly) thinking about something like that for a different application (Frequency scanning), at the price of a couple of changes to the macro execution logic.Le 30.11.2010 23:35, Dave Kleber a (C)crit :> Well, knowing little to nothing about programming, I think what you're> saying is what I was looking for.>> I brought the subject up because a local NWS station has expressed some> interest in getting set up for NBEMS. They have a fairly large call> watch area and the furthest Counties out can't be reached by VHF/UHF.> They have an HF station and antenna. The thought would be to have anyone> at the office simply turn on the station which would be locked to a> fixed 80m frequency. Then boot up the computer, which we could have> NBEMS set to open on start up. From there, have the notification feature> act upon a certain text string (i.e. "paNBEMS WX" or "paNBEMS FLMSG"),> which would trigger an event that would automatically print the wrap> message following the trigger text. The sound of the page being printed> would alert the forecasters of an incoming message. Maybe an additional> event for a wave file could be done, too.>> Something along the lines of what I describe would have been a major> plus on our last Simulated Emergency Test (SET) exercise last month. A> traffic manager at our Official Relay station could have simply> collected the printed messages and managed the direction of the traffic,> by priority, to the various nets on different frequencies and bands we> were relaying to.>> -Dave, KB3FXI>>> On 11/30/2010 5:57 PM, remi.chateauneu at gmail.com wrote:>> Hi,>>>> Are you thinking about a macro with a filter string which would>> trigger a program upon reception of this string ?>>>> This macro could also try a range of frequency, waiting X seconds on>> each of them.>>>> Le 30.11.2010 21:06, Dave Kleber a (C)crit :>>> Hello all,>>>>>> In reading the online help for FLDIGI, I see that the "run program">>> feature under notifications is currently limited to Unix/Linux.>>>>>> I'm wondering if this feature will be extended to the other operating>>> systems and would be interested in seeing some practical examples of>>> programs that might run with the notification trigger. I'd also like to>>> know if the following might be possible:>>>>>> If notification were set, for instance, to activate upon receiving>>> "paNBEMS flmsg", would it be possible to activate a batch file routine>>> to automatically print an flmsg message following the "paNBEMS flmsg">>> text?>>>>>> This could be a very powerful feature in the advancement of NBEMS,>>> especially for EOC, NWS and Official Emergency/Relay station operations.>>> My thought is that with this functionality, even stations waiting for>>> the arrival of a licensed op could get automatic print outs of all>>> priority and emergency messages on a fixed frequency by simply turning>>> on a transceiver and booting up the connected computer and printer.More information about the fldigi-alpha mailing list
fldigi Exec Macro
  Link to Article
  Archived Version
  Tue, 25 Jun 2013 01:38
  Exec MacroThe ... macro is designed to be used on the Linux OS as it supports fully functional pipes. Windows' version of file pipes is not fully POSIX compliant, but the function might work in the environment. Consider all that the following allows you to do from within fldigi and you might want to consider changing over to Linux.
  The macro defines an external child process (or processes) that will be called by fldigi when the macro key is invoked.
  Exported variablesFldigi exports a set of variables to the child process and adds ~/.fldigi/scripts to the PATH variable before running the shell code. This is the directory location for all executable scripts and programs which you might want to call from within the macro. Some examples will be given later. Open the macro editor for an undefined macro key and enter the following:
  env | grep FLDIGISave the macro; call it ENV. Then press the newly defined macro key. All of the exported variables will be shown in the transmit window.Here is an example of the results:
  FLDIGI_RX_IPC_KEY=9876FLDIGI_LOG_LOCATOR=FM02BTFLDIGI_TX_IPC_KEY=6789FLDIGI_LOG_RST_IN=FLDIGI_LOG_FREQUENCY=3581.000FLDIGI_AZ=108FLDIGI_MY_CALL=W1HKJFLDIGI_LOG_TIME=2113FLDIGI_MY_NAME=DaveFLDIGI_VERSION=3.0preGFLDIGI_LOG_NOTES=FLDIGI_LOG_QTH=Mt Pleasant, SCFLDIGI_MY_LOCATOR=EM64qvFLDIGI_DIAL_FREQUENCY=3580000FLDIGI_CONFIG_DIR=/home/dave/.fldigi/FLDIGI_LOG_RST_OUT=FLDIGI_MODEM=BPSK31FLDIGI_LOG_CALL=KH6TYFLDIGI_MODEM_LONG_NAME=BPSK-31FLDIGI_AUDIO_FREQUENCY=1000FLDIGI_LOG_NAME=SkipFLDIGI_PID=14600FLDIGI_FREQUENCY=3581000
  All of the above envelope variables can be referenced in a shell script that is called from within fldigi.
  Detection of existing scriptsIn anticipation of a collection of useful "fldigi scripts", the macro browser contains a macro line for each executable file found in the scripts directory.
  The EXEC macro allows the text that is read from the child process to be parsed for more fldigi macros. For example, try this macro:
  cat foo
  where foo is a file that contains:
  This may have some interesting uses but, if it is undesirable, it can be suppressed with an extra layer of redirection. Instead of command, you would use noexp command where noexp is the following very simple script:
  snip---------------------------------------#!/bin/bash
  echo -n """$@" # run the commandr=$? # save its exit codeecho -n ""exit $?snip---------------------------------------
  There are three additional MACRO definitions that expand the capability of the command: , and .
  The and macros stop and resume the expansion of all strings. For example, would only expand the second . By wrapping the command output in this way we can be sure that no text will be expanded. You might even use
  "$@" | sed "s///g"
  if you feel paranoid.
  You can "fork and forget" with an exec macro defined as: exec command -args >/dev/null
  Any of the text that appears between the and can reference an executable program or shell command found in the ~/.fldigi/scripts directory.
  Any text output that is returned by the program or script program (or the result of the in-line command) is always returned to the transmit buffer and appears as appended to the transmit window.
  Querying an external databaseThe command captures returned text from the external process and parses it for the following content:
  $NAMEtext_name$QTHtext_qth
  If either $NAME or $QTH is present the trailing text is transferred to the LOG_NAME or LOG_QTH widgets respectively. This means that you can create a script that accesses a local or net based database of callsign data and parse that data to form the above console output. Fldigi will accept that output, parse it and populate the associated log entries. Cool! Now for some examples. Here is a perl script that performs the above for the University of Arkansas on-line callsign database, ualr-telnet.
  The matching macro key definition for the above is:
  ualr-telnet.pl $FLDIGI_LOG_CALL
  which I named "ualr ?"
  Google Earth MapHere is a really cool perl script, Google Earth Mapping, that accepts the current "Loc" field in the logging area and generates a Google Earth map which is displayed in your default browser. The macro call is map.pl
  Custom dates/timesYou can use to create custom date/time entries. For example, BARTG contesters use %H%M, but in other circumstances a user might prefer %H:%M or %H.%M etc.
  Create the following script file in the ~/.fldigi/scripts directory, call it mytime:
  snip---------------------------------------
  #!/bin/shdate --utc "+%H:%M"
  snip---------------------------------------
  date calls strftime, the same C function used by fldigi for the ZDT/LDT expansion, so it has an equally vast number of format strings to choose from. Look for them in its manual page.
  Give "mytime" execute permissions with a file manager or with chmod: chmod u+x ~/.fldigi/scripts/mytime.
  Test it on the command line and make sure it works correctly: ~/.fldigi/scripts/mytime
  Restart fldigi. The mytime script will now appear at the end of the list in the macro browser, and can be entered with the
Is the Government Spying On You Through Your Own Computer's Webcam Or Microphone? | Global Research
  Link to Article
  Archived Version
  Mon, 24 Jun 2013 21:19
  Government '' Or Private Individuals '' May Be Watching and ListeningWe documented earlier today that - if you are near your smart phone '' the NSA or private parties could remotely activate your microphone and camera and spy on you.This post shows that the same is true for our computer.
  Initially, the NSA built backdoors into the world's most popular software program '' Microsoft Windows '' by 1999.
  And a government expert told the Washington Post that the government ''quite literally can watch your ideas form as you type'' (confirmed).
  Reuters documented last year that the U.S. and Israeli governments can remotely turn on a computer's microphone:
  Evidence suggest that the virus, dubbed Flame, may have been built on behalf of the same nation or nations that commissioned the Stuxnet worm that attacked Iran's nuclear program in 2010 [i.e. the U.S. and Israel], according to Kaspersky Lab, the Russian cyber security software maker that took credit for discovering the infections.
  Kaspersky researchers said they have yet to determine whether Flame had a specific mission like Stuxnet, and declined to say who they think built it.
  Cyber security experts said the discovery publicly demonstrates what experts privy to classified information have long known: that nations have been using pieces of malicious computer code as weapons to promote their security interests for several years.
  ***
  The virus contains about 20 times as much code as Stuxnet, which caused centrifuges to fail at the Iranian enrichment facility it attacked. It has about 100 times as much code as a typical virus designed to steal financial information, said Kaspersky Lab senior researcher Roel Schouwenberg.
  Flame can gather data files, remotely change settings on computers, turn on PC microphones to record conversations, take screen shots and log instant messaging chats.
  Kaspersky Lab said Flame and Stuxnet appear to infect machines by exploiting the same flaw in the Windows operating system and that both viruses employ a similar way of spreading.
  ***
  ''The scary thing for me is: if this is what they were capable of five years ago, I can only think what they are developing now,'' Mohan Koo, managing director of British-based Dtex Systems cyber security company.
  PC Magazine tech columnist John Dvorak writes:
  From what we know the NSA has back door access into Apple, Microsoft [background], and Google. What kind of access we don't know, but let us assume it is similar to what they did about 7 years ago to AT&T. They had a secret room at Fulsom St. in San Francisco and the AT&T engineers had no control and no access to a room full of NSA equipment that had direct access to everything AT&T could do.
  Microsoft is the source of the operating system for Windows and Windows cell phones. Apple controls the OS for Macs, iPhones, and iPads. Google controls the Chrome OS, Chrome Browser, and Android cell phones. The companies regularly push operating system upgrades and security updates to users on a regular basis.
  Imagine however that the NSA has access to these updates at the source and has the ability to alter these update in order to install some sort of spyware on your phone, tablet, or computer. The software could turn on your camera or microphone remotely, read all your private data, or erase everything and brick your phone or computer.
  Moreover '' as documented by Microsoft, Ars Technica, cnet, the Register, Sydney Morning Herald, and many other sources '' private parties can turn on your computer's microphone and camera as well.
  Cracked noted in 2010:
  All sorts of programs are available to let you remotely commandeer a webcam, and many of them are free. Simple versions will just take photos or videos when they detect movement, but more complex software will send you an e-mail when the computer you've installed the program on is in use, so you can immediately login and control the webcam without the hassle of having to stare at an empty room until the person you're stalking shows up.
  The bottom line is that '' as with your phone, OnStar type system or other car microphone, Xbox, and other digital recording devices '' you shouldn't say or do anything near your computer that you don't want shared with the world.
  Postscript: You could obviously try to cover your webcam and microphone when you don't want to use them.
  But if you really want privacy, take a lesson from spy movies: Go swimming with the person you want to speak with '... since electronics can't operate in water.
NSA created Software Apocalypse Dvorak News Blog
  Link to Article
  Archived Version
  Mon, 24 Jun 2013 21:19
  When you think about ''The End of the World'' most people imagine a nuclear holocaust. But when you think about it nuclear weapons are (except for fallout) still a local event. A real apocalypse might look more like Y2K than a bomb blast.
  From what we know the NSA has back door access into Apple, Microsoft, and Google. What kind of access we don't know, but let us assume it is similar to what they did about 7 years ago to AT&T. They had a secret room at Fulsom St. in San Francisco and the AT&T engineers had no control and no access to a room full of NSA equipment that had direct access to everything AT&T could do.
  Microsoft is the source of the operating system for Windows and Windows cell phones. Apple controls the OS for Macs, iPhones, and iPads. Google controls the Chrome OS, Chrome Browser, and Android cell phones. The companies regularly push operating system upgrades and security updates to users on a regular basis.
  Imagine however that the NSA has access to these updates at the source and has the ability to alter these update in order to install some sort of spyware on your phone, tablet, or computer. The software could turn on your camera or microphone remotely, read all your private data, or erase everything and brick your phone or computer.
  Scary huh? Not yet!
  Now '' suppose that someone hacks the NSA computer and they create something similar to the Stuxnet virus (the one that attacked the Iranian nuclear program by destroying their centrifuges) and supposed they pushed this virus out to all Microsoft, Apple, and Google controlled devices. And the virus just sat there for months or years waiting to activate. No one would know because it would be part of the operating system and it would be installed from trusted sources.
  Then '' all of a sudden it happens and the virus wakes up on all these computers at the same time. The first thing it does it go out and find the backups and delete everything. Then it does a security wipe on all the hard drives. It then reflashes the boot roms and then it turns off the CPU fan and goes into a loop generating as much heat as possible until the processor burns up.
  Within hours 25 to 60 percent of the computers on the planet are burned up and their drives and backups are wiped clean. The Internet goes down completely. The phone systems go down. Cell systems go down. And the power grid fails. The lights go off. The air conditioning goes off. No gas, no food, no water. Within a week your either a cannibal, or a cannibal is eating your brains.
  And who could do such a thing? Some 15 year old genius hacker who is being picked on a school and is ready to get revenge on the world.
  Snowden just proved that the NSA computers aren't secure. Anything the NSA can do anyone who hacks the NSA can do. The NSA has created a single point of failure where a pissed off 15 year old or a crazy terrorist group could take out civilization as we know it.
  Ahhh '' if only I were 15 years old again. I could RULE THE WORLD!
East Wing Announcement
  Link to Article
  Archived Version
  Source: White House.gov Press Office Feed
  Mon, 24 Jun 2013 21:04
  The White House
  Office of the First Lady
  For Immediate Release
  June 24, 2013
  Washington, DC '' The White House today announced that Maria Cristina ''MC'' Gonzlez Noguera will be joining the staff as Special Assistant to the President and Communications Director to the First Lady, replacing Kristina Schake who will be leaving the White House for a position in the private sector. Ms. Gonzalez will start in the East Wing in July.
  Statement from Mrs. Obama:
  ''Kristina has been an essential and valued advisor to me over the past two and a half years. Her expertise in strategic planning and her creativity have been invaluable not just to me but to the entire Administration and I am truly grateful for her leadership and counsel. While she will be greatly missed at the White House, the impact of her work will be lasting.''
  ''While Kristina leaves big shoes to fill, MC brings a fresh perspective and a wealth of expertise that will make her an incredible asset to our team. My time at the White House has been focused on ensuring all our children and families thrive, and as an experienced communications professional who shares my commitment to this mission, I know MC will be an outstanding partner.''
  Statement from Kristina Schake:
  ''It has been an honor to work for such a genuine and thoughtful leader,'' said Kristina Schake. ''Mrs. Obama is improving the lives of children and families across the country, and she is doing it with her own signature sense of grace, compassion, exuberance and fun. It has been an extraordinary honor to have served the First Lady and the President.''
  Biography of MC Gonzlez Noguera:
  Maria Cristina Gonzlez Noguera is an experienced communications executive currently serving as the Global Vice President, Corporate Communications, for the Est(C)e Lauder Companies Inc. (ELC). Ms. Gonzlez Noguera advises the Company's leadership team on strategic communications matters including government affairs, media relations, issues management, and employee engagement. During her tenure at ELC she has played a significant role in leading and integrating the Company's extensive corporate responsibility initiatives. Prior to joining ELC, Ms. Gonzlez Noguera was a Managing Director for the Washington, D.C., strategic communications firm Chlopak, Leonard, Schechter & Associates (CLS). A native of San Juan, Puerto Rico, Ms. Gonzlez Noguera is a graduate of Tufts University. She is married and has a one-year-old son.
Oh look, Lebanon needs "rescued" too!
  Link to Article
  Archived Version
  Source: BadChad's ThoughtPile
  Mon, 24 Jun 2013 21:02
  Lebanon's army has seized control of the headquarters of an Islamic cleric and arrested dozens of his supporters, following a second day of clashes fuelled by Syria's civil war.
  The army said 12 soldiers had been killed in the fighting in Abra, near Sidon, while security sources gave a higher army death toll of 18 and said 20 of Sheikh Ahmed al-Assir's supporters were killed.
  The clashes subsided on Monday evening but Assir, who has accused the army of backing the interests of the Shia group Hezbollah, remains at large. Local media reported that he and some supporters had gone into hiding in Ain el Helweh, one of the Palestinian refugee camps nearby, following the battle.
  The army is trying to kill or capture him, after accusing him of killing soldiers "in cold blood" on Sunday.
  Offices destroyed
  Reports from Abra described at least four tanks and several army vehicles ablaze, while abandoned weapons and military clothing were found inside the cleric's headquarters. Many buildings in the complex had been damaged by fire, with Assir's main office said to have been totally destroyed.
  Al Jazeera's Nour Samaha, reporting from outside Sidon, earlier said fighting had raged around Abra and the Ain el Helweh camp. Members of the Jund al-Sham and Fatah al-Islam armed groups have joined the battle, she added.
  However, roadblocks were lifted and gunfire subsided after the army gained control of Assir's headquarters.
  Tensions had been rising in Sidon since the Lebanese Shia group Hezbollah sent fighters into Syria to help recapture a strategic border town controlled by Syrian president Bashar al-Assad's forces.
  The army said clashes broke out on Sunday after security forces detained one of Assir's followers. His supporters retaliated by opening fire on an army checkpoint. Army commanders pledged to crush Assir's forces.
  Restoring security
  "We affirm to all Lebanese that the army is determined to eradicate strife, and will not halt its military operations until security is completely restored to the city," the army said in a statement on Monday.
  At least 62 Assir supporters were arrested as soldiers combed the area they had seized, a security source said. One of the men captured had disguised himself as a woman.
  Lebanon's commissioner to the military court, Judge Sakr Sakr, said that Assir had been summoned "to be put on trial, along with 123 of his followers, including his brother and Fadl Shaker," a prominent Lebanese singer who abandoned his career to join Assir's ultraconservative group.
  "Come and save your people who are being massacred," said an appeal on Assir's Twitter account on Monday.
  Assir, whose supporters accuse the army of giving cover to Hezbollah gunmen, called for people across the country to join him and demanded that "honourable" soldiers defect.
  Assir has a small group of staunch supporters, believed to be in the hundreds. But many Lebanese Sunnis see him as a militant and troublemaker.
  Lebanon's grand mufti, Mohammad Rashid Qabbani, condemned the fighting, saying that there was never a justified reason to attack the armed forces.
  But in the northern coastal city of Tripoli, a Sunni stronghold, masked gunmen roamed the streets on motorbikes and fired guns and sound grenades in a show of support for Assir. Other supporters blocked main roads with cement blocks and burning tires.
  518
Garz"n Snowden case study because WikiLeaks wants to "protect" their rights - RTVE.es
  Link to Article
  Archived Version
  Mon, 24 Jun 2013 21:02
  EFE El exjuez espa±ol Baltasar Garz"n y abogado de Julian Assange ha manifestado su inter(C)s y el del equipo legal de WikiLeaks, que (C)l mismo dirige, en "preservar los derechos" y "proteger como persona" al exagente de la CIA y la NSA Edward Snowden, acusado por EE.UU. de espionaje.
  Mediante un comunicado difundido este domingo por WikiLeaks en su cuenta oficial de la red social Twitter, Garz"n consider" que "lo que se le est haciendo a Edward Snowden supone un ataque contra las personas".
  "El equipo legal de WikiLeaks y yo estamos interesados en preservar los derechos de Snowden y protegerlo como persona", dice Garz"n.
  El letrado espa±ol defiende a Assange, refugiado desde hace un a±o en la embajada ecuatoriana en Londres a fin de evitar su entrega a Suecia, pa­s que quiere interrogar al periodista por delitos sexuales que (C)l niega, pues el australiano cree que una vez all­ se le extradite a EE.UU., donde teme por su vida.
  En esa misma nota divulgada este domingo, WikiLeaks afirma que "el informante americano, que expuso la evidencia de un r(C)gimen de vigilancia global llevado a cabo por las agencias de inteligencia de EE.UU. y Reino Unido, ha abandonado Hong Kong de forma legal".
  El portal agrega que el exanalista, de 29 a±os, "va camino de una naci"n democrtica, a trav(C)s de una ruta segura, cuyo prop"sito es buscar asilo y est siendo escoltado por diplomticos y asesores legales de WikiLeaks".
  La controvertida web fundada por Assange revel" que Snowden solicit" "que WikiLeaks emplear su conocimiento legal y su experiencia para garantizar su seguridad" y agreg" que una vez que el exagente de la CIA llegue a su destino final, esa solicitud se tramitar formalmente.
  Previamente, WikiLeaks hab­a indicado que ayud" a que Snowden dejara "de forma segura" Hong Kong, donde supuestamente se encontraba oculto al facilitarle "documentos de viaje" en su bºsqueda de asilo pol­tico en "un pa­s democrtico".
  El exanalista norteamericano se puso rumbo a Moscº en un vuelo comercial, segºn fuentes del Gobierno chino, un d­a despu(C)s de que EE.UU. solicitara su extradici"n "acompa±ado de asesores legales de WikiLeaks", segºn el portal.
  EEUU hizo ayer pºblica su solicitud de extradici"n de Snowden, a quien acusa de espionaje y robo, a ra­z de que revelara documentos clasificados que detallan los programas de ciberpionaje clandestinos llevados a cabo por la Agencia de Seguridad Nacional.
Kimberley Process lets Zimbabwe off the hook (again) | Global Witness
  Link to Article
  Archived Version
  Mon, 24 Jun 2013 20:54
  2nd November 2011
  The Kimberley Process (KP) has thrown away its main point of leverage over the Zimbabwean government by allowing it to export diamonds from the controversial Marange region without first fulfilling previous commitments to reform its diamond trade, said the Kimberley Process Civil Society Coalition of NGOs today.
  "The Kimberley Process has effectively given up on Zimbabwe," said Alfred Brownell, President of Green Advocates, Liberia. "KP member governments and the diamond industry seem ready to turn their back on the interests of Zimbabwe's citizens, the public good and the principles on which the Kimberley Process was founded."
  The Marange diamond fields were seized in 2008 by government security forces, who killed at least 200 small scale miners. At the end of 2009 the Zimbabwean government agreed to undertake a series of reforms as a basis for Kimberley Process authorisation of further exports. This 'Joint Work Plan' required among other things, demilitarisation, action on smuggling, and the legalisation of small scale mining.
  Yesterday's deal at the Kimberley Process annual plenary meeting in Kinshasa, Democratic Republic of Congo, dispenses with any meaningful link between Zimbabwe's compliance with the Joint Work Plan and the KP's authorisation of diamond exports. This comes in spite of the Zimbabwean military remaining deeply involved in diamond mining in Marange, persistent and widespread smuggling and no progress in enabling small scale miners to work legally. Regular reports of human rights abuses against miners by security forces continue.
  A previous agreement between the Kimberley Process and Zimbabwe gave local civil society representatives the official status of Local Focal Point, allowing them to access Marange and formally report back to the Kimberley Process. This status promised protection for activists who have previously been arrested and harassed over their work on Zimbabwe's opaque diamond industry.
  The new agreement, while maintaining that civil society organisations retain access to the Marange fields, strips the Local Focal Point of its official status.
  ''It's a pure business deal that leaves out key concerns of Zimbabwe's civil society: that is protection of the locals from human rights abuses in and around Marange and ensuring that Marange diamonds are properly accounted for, for the benefit of the suffering Zimbabwean people,'' Farai Maguwu said from New York where he is being honoured with Human Rights Watch's Alison Des Forges Award for Extraordinary Activism for his work in the Marange diamond fields.
  This deal does nothing to boost the confidence of members of the Kimberley Process Civil Society Coalition, who had boycotted the Kinshasa meeting over fears that substantive and ongoing concerns about Zimbabwe's compliance would be ignored.
  ''This deal only reinforces the perception that there is no limit to how far the KP is prepared to go in lowering the ethical bar on Marange,'' said Shamiso Mtisi, Coordinator of the Local Focal Point and Environmental Lawyer at the Zimbabwe Environmental Law Association. ''Given the chance to keep Zimbabwe to its previous commitments, the KP has shown itself incapable of doing the right thing.''
  The deal in Kinshasa also poses a very difficult question for the diamond industry and KP member countries: What of the hundreds of millions of dollars worth of stockpiled diamonds linked to the worst bouts of violence in late 2008 and 2009?
  ''The integrity of the entire clean diamond supply chain is on the line,'' said Alan Martin, Research Director of Partnership Africa Canada. ''How can consumers buy a diamond this Christmas with any confidence that they are not buying a Marange diamond mined in unquestionable violence? How can industry give any assurances that they will be able to separate these diamonds from the legitimate diamond supply chain?''
  In the approach to elections next year in Zimbabwe, the new agreement completely fails to address the risk of the diamond industry financing political violence in Zimbabwe. Each election in Zimbabwe over the last decade has been accompanied by widespread violence and intimidation. Coordinating the violence requires significant sums of money to pay security agents and youth militias.
  / Ends
  Contact:
  In London: Global Witness '' Mike Davis, +44 7872 600 860; Oliver Courtney, +44 7739 324 962In Monrovia: Green Advocates '' Alfred Brownell, +231 644 4472In New York: Centre for Research and Development '' Farai Maguwu, +1 646 920 6746 In Ottawa: Partnership Africa Canada '' Alan Martin, +1 613 237 6768 (ext. 6)
  Notes
  1. The Kimberley Process is a rough diamond certification scheme, established in 2003. It brings together governments, industry and civil society, and aims to eradicate the trade in conflict diamonds. Member states are required to pass national legislation and set up an import/export control system. Over 75 of the world's diamond producing, trading and manufacturing countries participate in the scheme.
  2. The Kimberley Process Civil Society Coalition includes Green Advocates (Liberia), CECIDE (Guinea), COOPERGADI and COOPERGAC (Brazil), CLONG (Republic of Congo), CENADEP, GAERN (Democratic Republic of Congo), Fatal Transactions, GRPIE (C´te d'Ivoire), the Network Movement for Justice and Development (Sierra Leone), Centre for Research and Development (Zimbabwe), Partnership Africa Canada (PAC) and Global Witness (GW).
  3. The Kimberley Process (KP) Civil Society Coalition formally walked out of the biannual KP meeting in June 2010 and boycotted the Kinshasa KP meeting in October-November 2011 in protest at the weak stance the KP has taken towards the problems of diamonds associated with human rights abuses in Zimbabwe and C´te d'Ivoire and rule breaking by Venezuela.
Politicsweb - The convenient death of Zanu-PF`s Edward Chindori-Chininga - DOCUMENTS
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  Archived Version
  Mon, 24 Jun 2013 20:53
  Violet Gona - Alan Marting
  23 June 2013
  SW Radio Africa transcript of interview between Violet Gonda and Alan Martin on the late 'diamond whistleblower'
  Hot Seat transcript: Zanu-PF 'diamond whistleblower' Chindori-Chininga dies in car crash
  The discussion on SW Radio Africa's Hot Seat this week is about the death of Zanu-PF legislator Edward Chindori-Chininga, who last week released a damning report about the involvement of ZANU PF officials and allies in the diamond industry. He died in a car crash on Wednesday. Alan Martin the director of research at Partnership Africa Canada, a civil society organization that is part of the Kimberley Process, communicated extensively with Chindori- Chininga in recent weeks.
  He says Chindori- Chininga told him earlier this month that he knew he was a "marked man" and that his work as chairman of the parliamentary committee on mines had ended his political career in ZANU PF. He is said to have told delegates at a workshop in South Africa two weeks ago that some of the individuals in government who complained about the targeted western economic sanctions were the same people who were benefitting the most from the restrictions, because it allowed them to operate in the grey zone.
  BROADCAST: 20 JUNE 2013
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  VIOLET GONDA: The Zanu PF MP for Guruve South, Edward Chindori-Chininga, died in a car crash while driving in his constituency on Wednesday. This has set Zimbabwe talking because last Wednesday he released a damning report about the involvement of Zanu PF officials and allies in the diamond industry. Only two weeks ago the lawmaker was at a workshop prior to the Kimberley Process meeting in South Africa and delegates told SW Radio Africa he was openly critical of the diamond situation in Zimbabwe. Last week as chairman of the parliamentary portfolio committee on Mines and Energy, Chindori-Chininga presented this highly critical report to parliament on Zimbabwe's diamond industry.
  Alan Martin is the director of research at Partnership Africa Canada, a civil society organization that is part of the Kimberley Process, and he's someone who communicated extensively in the last few weeks with the late former Mines minister and I asked him to tell me more about the work that Chindori-Chininga was involved in. Mr Martin welcome to the programme Hot Seat.
  ALAN MARTIN: Thank you very much Violet.
  GONDA: First of all can you start by giving us your reaction to the sad news?
  MARTIN: Well I think it is a great tragedy, obviously for his family and we express our condolences to his wife and his family on his passing. I think he was certainly a maverick politician and I think that the work that he did in his role as the chair of the portfolio committee on Energy and Mines I think was absolutely stellar. I think he was a great example of probably perhaps the best parliamentary tradition of using his role to use the parliamentary structures to try and find out and get to the truth of the matter or the issues that were surrounding Marange and I think that for that we will always be indebted to him for his work.
  GONDA: Did it surprise you that there was a senior member of Zanu PF who was forthcoming with information on diamond dealings in the country?
  MARTIN: Yes. I should clarify that my personal relationship with him is actually quite new; in the time that I was doing research on Marange, a lot of it was by using information that he had gleaned from his inquisitory style in the committee where he revealed a lot of information. He got company officials and government officials, members of the ZMDC for example and even the minister (Obert Mpofu) himself to admit things in front of the committee which I felt very useful for my work.
  But I personally only met him for the first time at the beginning of this month and I think I was very much struck by the fact that he had this sort of independent sense of style, this belief that he had a role and parliament had a role in finding out and having some kind of oversight of what happened in Marange. So I was a bit surprised, perhaps to one degree, to the extent that someone in a senior seat in government would be this cooperative but I think the lesson I also take from him is that despite the fact that we might have had our disagreements, it's always important to remember that even in regimes such as that in Mugabe's faction that I think there are people who are always willing to listen and to be able to talk despite the fact that we might have our disagreements.
  GONDA: Several parliamentarians have described him as a man who really knew his mining issues and was a no-nonsense kind of guy especially during sessions where he chaired the parliamentary portfolio committee on mining. I hear he even tried hard to get corrupt guys to answer the right questions during hearings and he repeatedly interrupted people reminding them that they were under oath and that perjury is a crime. I also received an email that he sent out last week to the outside world, and I think you were also on that mailing list, and basically he was forwarding the contents of the report that he presented in parliament. The report had quite some astounding issues - what can you tell us about the report?
  MARTIN: As you say it was very surprising; it was one that took about four years to write so it was quite a well thought out piece and I think one of the things that I thought was the most striking about it was that it essentially, from a government perspective, for somebody in his position to essentially be agreeing with the Minister of Finance that there was a huge discrepancy between what companies were remitting to government and what the Treasury was receiving. And one of the things he did was to actually go to the companies themselves and ask them to reveal how much they had paid to the government in terms of royalties, depletion fees, marketing fees, dividends, corporate tax - things like that - and just in the case of Mbada for example - Mbada told the committee that they had given something like a US$117 million and yet the government could only account for 41 million of those. So I think this was a pretty astounding thing. And he was very clear in directing responsibility for this directly at the executive, particularly the Minister of Mines.
  And I think this is one of the things that made him so effective in that position as committee chair. As a former Minister of Mines he knew exactly how that ministry was supposed to work which I think made it very difficult for people to try and whitewash him. Just in terms of the lead up to your question, I think one of the things that he was very good at, even in the case of Minister Mpofu, he even mentioned about how he had issued four subpoenas to Mpofu to, recently to appear before the committee and Mpofu had been denying those and dismissing them and I think finally he had to actually get the Speaker to issue, or get the police to actually go and present the Minister with that final subpoena which if he'd not agreed to would have resulted in the Minster's arrest. This man was very tenacious; I think he really believed that parliament and Zimbabwe deserved to have answers as to how this precious resource was being managed.
Moderate Zanu-PF Lawmaker Dies in Car Accident
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  Mon, 24 Jun 2013 20:53
  '-- Moderate Zanu-PF lawmaker for Guruve South, Edward Chindori-Chininga, has died in a car accident while driving in his constituency.The former mines minister was the chairman of the parliamentary portfolio committee on mines and energy that last week produced a damning report on missing diamond funds.
  He survived a fatal crash last year when his vehicle collided with a 4X4 pick-up truck while driving on the Guruve Road, just 5 kilometers from the Harare-Bindura Road.
  Social media construct Baba Jukwa, who writes controversial Zimbabwean political issues and has over 157,000 followers on Facebook, warned recently that Mr. Chindori-Chininga is being targeted by state security agents suspecting that he is leaking Zanu-PF and state secrets.
  There was no immediate comment from the police and Zanu-PF officials. But according to the state-controlled Herald newspaper, the former cabinet minister died on the spot when his vehicle failed to stop and hit a tree at the intersection of Raffingora and Mvurwi roads.
  The newspaper quoted Mashonaland Central Police Traffic Superintendent Ephraim Nyakata as saying the accident occurred Wednesday night. There were no further details.
  The late Chindori-Chininga (58) served as Minister of Mines and Mining Development between 2000 and 2004. He once served as the Zimbabwe Tourist Development Director (Southern Africa) and also worked as the director for the Zimbabwe tourism offices in New York.
For Women in Weiner Scandal, Indignity Lingers - NYTimes.com
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  Mon, 24 Jun 2013 20:41
  ''Clearly she's got mental issues,'' declared the latest.
  Anthony D. Weiner's improbable campaign for mayor of New York City is a wager that voters have made peace with his lewd online behavior, a subject he has largely left behind as he roils the race with his aggressive debating style and attention-getting policy proposals.
  But for the women who were on the other end of Mr. Weiner's sexually explicit conversations and photographs, his candidacy is an unwanted reminder of a scandal that has upended their lives in ways big and small, cutting short careers, disrupting educations and damaging reputations.
  ''I cannot tell you the devastation,'' said Ms. Weiss, a 42-year-old blackjack dealer in Nevada who exchanged dozens of explicit messages with Mr. Weiner, then a congressman, in 2010 and 2011.
  Ms. Weiss, a die-hard Democrat who once volunteered for Bill Clinton's presidential campaign and was inspired by ''Fahrenheit 9/11,'' a film critique of the Bush administration, said she reached out to Mr. Weiner after watching him joust with Republican rivals on cable news. They traded admiring messages on Facebook that, at his prompting, became intimate and raunchy, she said.
  When their correspondence eventually became public, she said in an interview, conservative-minded colleagues sought to have her fired. The press lined up outside of her house and showed up at her casino, causing her to miss work for weeks. One night, she turned on the television to find the HBO host Bill Maher and the actress Jane Lynch performing a dramatic reading of the bawdy messages.
  Ms. Weiss, an avowed Maher fan, said she sat in her living room crying. While coping with the onslaught, she drank heavy amounts of alcohol, a habit that persists.
  ''I obsess about it,'' she said, ''every day.''
  It is hard not to, she said: Mr. Weiner had faded from view after resigning from Congress, but now that he is in the mayoral race, her phone lights up with calls from reporters, online enemies are pouncing and fresh cruelties abound.
  ''We know what you want to do to him,'' she recalled a man teasing her at work recently.
  Little unites the five women whose online relationships with Mr. Weiner have become public. Some were self-confident political admirers; some were struggling and insecure, flattered by attention from a man in power. Some fled publicity after his downfall; some sought it out. (Ms. Weiss even appeared on ''Inside Edition.'') Some of them still think he would be a good mayor; some are repelled by the concept.
  But it is clear that all of them have been overwhelmed by the reaction to the imbroglio.
  Gennette Cordova, a 21-year-old college student when she interacted with Mr. Weiner, is still trying to reclaim her identity, online and off.
  In spring 2011, Mr. Weiner sent her an image of himself in boxers, with an obvious erection. Ms. Cordova, who has told The New York Times that she had chatted electronically with Mr. Weiner about politics and not about sex, was shocked by his unwanted advance.
  When Mr. Weiner inadvertently posted the image publicly on Twitter, the Internet quickly rendered its own verdict, branding Ms. Cordova, incorrectly, she says, a participant in his online dalliances.
  The news media dug up Ms. Cordova's old yearbooks and sifted through police records, publicizing her youthful indiscretions.
  The attention prompted her to withdraw from academic classes. She moved from Seattle to New York City, before Mr. Weiner's decision to run for mayor, eager to leave a place where she had become known for her ties to the unfolding drama.
  But, with Mr. Weiner back in the spotlight, the story has followed her across the country. A few weeks ago, a reporter showed up, unannounced, at her office, asking her about Mr. Weiner.
  The repercussions were also painful for Traci Nobles, a onetime schoolteacher and a fitness instructor in Georgia, who says her roommate leaked her salacious messages with Mr. Weiner without her permission. As media inquiries poured in to her employer, Ms. Nobles was forced to quit her job at a Young Women's Christian Organization because of the attention.
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EXCLUSIVE: Snowden sought Booz Allen job to gather evidence on NSA surveillance | South China Morning Post
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  Mon, 24 Jun 2013 20:39
  A banner displayed in support of Edward Snowden in Central. Photo: AFP
  Edward Snowden secured a job with a US government contractor for one reason alone '' to obtain evidence on Washington's cyberspying networks, the South China Morning Post can reveal.
  For the first time, Snowden has admitted he sought a position at Booz Allen Hamilton so he could collect proof about the US National Security Agency's secret surveillance programmes ahead of planned leaks to the media.
  ''My position with Booz Allen Hamilton granted me access to lists of machines all over the world the NSA hacked,'' he told the Post on June 12. ''That is why I accepted that position about three months ago.''
  During a global online chat last week, Snowden also stated he took pay cuts ''in the course of pursuing specific work''.
  His admission comes as US officials voiced anger at Hong Kong, and indirectly Beijing, after the whistle-blower was allowed to leave the city on Sunday.
  Snowden is understood to be heading for Ecuador to seek political asylum with the help of WikiLeaks, which claimed to have secured his safe passage to the South American country.
  Snowden, who arrived in Hong Kong on May 20, first contacted documentary maker Laura Poitras in January, claiming to have information about the intelligence community. But it was several months later before Snowden met Poitras and two British reporters in the city.
  He spent the time collecting a cache of classified documents as a computer systems administrator at Booz Allen Hamilton.
  In his interview with the Post, Snowden divulged information that he claimed showed hacking by the NSA into computers in Hong Kong and mainland China.
  ''I did not release them earlier because I don't want to simply dump huge amounts of documents without regard to their content,'' he said.
  ''I have to screen everything before releasing it to journalists.''
  Asked if he specifically went to Booz Allen Hamilton to gather evidence of surveillance, he replied: ''Correct on Booz.''
  His intention was to collect information about the NSA hacking into ''the whole world'' and ''not specifically Hong Kong and China''.
  The documents he divulged to the Post were obtained during his tenure at Booz Allen Hamilton in April, he said.
  He also signalled his intention to leak more of those documents at a later date.
  ''If I have time to go through this information, I would like to make it available to journalists in each country to make their own assessment, independent of my bias, as to whether or not the knowledge of US network operations against their people should be published.''
  Two days after Snowden broke cover in Hong Kong as the source of the NSA leaks, Booz Allen Hamilton sacked him.
Newly Reelected President Files Charges of Espionage Act Violation
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  Mon, 24 Jun 2013 20:34
  President Obama, flush from his Election Night victory, has charged another former government employee with violating the Espionage Act. As reported by the Associated Press:
  A linguist for the Navy in Bahrain is charged under the Espionage Act with possessing classified documents '-- some of which ended up in public archives of the Hoover Institution at Stanford University.
  James Hitselberger, who is fluent in Arabic, had the job as a federal contractor of translating documents for the Joint Special Operations Task Force-Gulf Cooperation Council. The council contains a unit conducting unconventional warfare, counterterrorism and special reconnaissance.
  An FBI affidavit unsealed Monday says Hitselberger copied documents last spring that discussed military troop activities in the region and gaps in U.S. intelligence in Bahrain. His superiors later found the material stashed in his backpack, and investigators said they subsequently discovered additional classified material at Stanford in the "James F. Hitselberger Collection."
  Hitselberger pleaded not guilty on Oct. 26.
  As we have reported, Hitselberger is the seventh individual to be prosecuted by the Obama administration for allegedly violating the Espionage Act. Although he is not a whistleblower, those individuals charged with similar violations have been reportedly targeted for their efforts to expose government corruption. In fact, the others charged with espionage are targets of an apparent vendetta against whistleblowers in direct contradiction of the president's promise to protect them.
  In 2008, then-president-elect Obama declared:
  We need to empower federal employees as watchdogs of wrongdoing and partners in performance. Barack Obama will strengthen whistleblower laws to protect federal workers who expose waste, fraud, and abuse of authority in government.
  Not that politicians have a habit of keeping campaign promises, but President Obama's policy of zealously pursuing, prosecuting, and punishing those who report abuses in government is remarkable for its relentlessness.
  Steven Aftergood, the director of the Federation of American Scientists' government secrecy project, is quoted in a story published by Reason magazine online, explaining, ''The administration's aggressive pursuit of leaks represents a challenge to the practice of national security reporting, which depends on the availability of unauthorized sources if it is to produce something more than 'authorized' news.''
  This ferocity has come to the attention of others, as well. Speaking at a symposium on investigative reporting held in April at Berkeley, Edward Wasserman powerfully chronicled the chilling effect that the Obama administration's pursuit of whistleblowers is having on such disclosures and against the journalists who report them.
  Wasserman, the Knight Professor of Journalism Ethics at Washington & Lee University, informed the audience,
  [The Obama] Justice Department has conducted six prosecutions over leaks of classified information to reporters. Five involve the Espionage Act, a powerful law that had previously been used only four times since it was enacted in 1917 to prosecute spies.
  The first whistleblower cited in Wasserman's address was Thomas Drake. Drake was a senior executive at the National Security Agency who made the mistake of revealing to the Baltimore Sun that the NSA's Trailblazer Project, a project intended to analyze data carried on in the United States and elsewhere through the Internet, cell phones, and e-mails, not only violated the Fourth Amendment's proscription against unwarranted searches and seizures, but it was a ''billion-dollar computer boondoggle.''
  In April 2010, Drake was indicted by a federal grand jury of several crimes, including violation of the Espionage Act. A spokesperson for the Government Accountability Project reported that the government's prosecution of Drake left him devastated. ''His intelligence career is over, his finances are drained and he is personally spent,'' said Jesselyn Radack.
  Early in the summer of 2011, after several expos(C)s ran in newspapers and on television, the Obama administration dropped all the charges against Drake in return for Drake's guilty plea to a misdemeanor of misusing NSA computers. Drake was sentenced to one year of probation and community service.
  The New American interviewed Drake in May.
  The second target of the government's attack on whistleblowers was Shamai Leibowitz, an FBI linguist who was eventually sentenced to 20 months in a federal prison for leaking documents to a blogger.
  Leibowitz testified that he believed that the papers he transmitted while working for the FBI contained evidence of ''violations of the law'' including the illegal attempt by the embassy of Israel to influence American foreign policy.
  In exchange for his guilty plea to one count of disclosure of classified information, Leibowitz agreed to never file petitions to look at documents related to his case and to "never disclose'' any classified or sensitive information to which he had access while on contract with the FBI.
  Next on the list of those who believed (wrongly) that President Obama would keep his campaign promise to shield from prosecution those government employees brave enough to bring to light hidden abuses and waste is John Kiriakou.
  Kiriakou was an agent with the Central Intelligence Agency (CIA) who was indicted earlier this year by a federal grand jury for disclosing to reporters the name of another CIA asset who was tasked with interrogating alleged al-Qaeda financier, Abu Zubaydah.
  The indictment included one charge of making false statements, which carries a maximum five-year prison sentence, and four counts of violating federal law, including the Espionage Act '-- an offense punishable by up to 10 years in a federal prison.
  In October, Kiriakou pleaded guilty to violating the Intelligence Identities Protection Act and will serve up to 30 months in a federal prison.
  There is little wonder why the Obama administration would seek to silence Kiriakou: In 2007, Kiriakou told ABC News that he considered waterboarding an ''unnecessary'' form of interrogation.
  Wasserman then mentions two others upon whom the federal government must place the muzzle of prosecution:
  Stephen Kim, a State Department analyst, allegedly told a reporter for Fox News '-- wait for it '-- that the U.S. was worried North Korea might respond to new U.N. sanctions by testing another A-bomb; and Jeffrey Sterling, who allegedly disclosed a botched CIA operation in Iran that was described in a 2006 book by a Times reporter.
  A story published by Politico confirmed that ''the case [against Kiriakou] is the sixth of six leak-related prosecutions brought during President Barack Obama's term '-- a higher tally than under all previous presidents combined.''
  Supporters of the president may wonder why he didn't think this through a little better and provide the whistleblowers with the protection he promised rather than seek to silence the journalists who break the stories given them by these well-informed sources.
  The answer to that question was given in a comment made ''rather gloatingly'' by ''a national security representative'' to Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press: ''We're not going to subpoena reporters in the future. We don't need to. We know who you're talking to.''
  Given this president's propensity for rapidly and relentlessly enlarging the size and power of the surveillance state apparatus, it is certain that Dalglish's statement is truer than we would like to believe.
  Hitselberger is charged with violating a section of the Espionage Act that ''prohibits unauthorized possession of defense information that could be used to injure the United States or aid a foreign power," although U.S. Magistrate Judge Deborah Robinson admits that Hitselberger "did not disseminate the classified information to a 'foreign power.'"
  Secrecy News broke the story of the Obama administration's prosecution of Hitselberger, reporting:
  In traditional espionage cases, a suspected spy is sometimes identified by unexplained affluence or ostentatious behavior. But, as noted, this is not an espionage case and there is no question of affluence.
  To the contrary, the government and the court seemed disturbed by Mr. Hitselberger's extraordinary frugality which, they suggested, might enable him to quietly vanish.
  ''Defendant has demonstrated his ability to live abroad and survive on his apparently modest means,'' wrote Judge Robinson. ''Defendant's pattern of residing in, and relocating to, various countries without ascertainable income bespeaks his ability to live abroad undetected with limited resources.''
  Based on that reasoning, Judge Robinson ordered that Hitselberger be denied bond.
  Photo of President Barack Obama: AP Images
The New York Times Admits Its Reporting on the Trayvon Martin Case Has Been Fundamentally Wrong - Hit & Run : Reason.com
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  Mon, 24 Jun 2013 20:14
  Pool photo by Joe BurbankA New York Timesstory about jury selection in George Zimmerman's trial says the case is "spotlighting Florida's Stand Your Ground law." In the very next sentence, however, the Times concedes "that law has not been invoked in this case." As I have been saying since this story began attracting national press attention, Zimmerman's defense does not hinge on the right to stand your ground when you are attacked in a public place because he claims he shot Trayvon Martin during a violent struggle in which there was no opportunity to retreat. So why is "Florida's Stand Your Ground law" relevant? According to the Times, because it "was cited by the Sanford police as the reason officers did not initially arrest Mr. Zimmerman." But the provision cited by police, although it was included in the same 2005 bill that eliminated the duty to retreat, has nothing to do with the "stand your ground" principle.
  The police said they did not charge Zimmerman right away because of a provision that prohibits a law enforcement agency from arresting someone who claims to have used deadly force in self-defense "unless it determines that there is probable cause that the force that was used was unlawful." In other words, the fact that Zimmerman killed Martin (which he has always admitted) was not enough; the police also needed reason to doubt his self-defense claim. We can argue about whether that is a reasonable requirement, but it is completely distinct from the right to stand your ground. Even a state that imposes a duty to retreat could still require police to meet this test before arresting someone who claims self-defense.
  From the beginning press coverage of this case has routinely conflated these issues, implying that Florida's definition of self-defense is so broad that it gave Zimmerman a license to kill in circumstances that did not justify the use of deadly force. The New York Times has been one of the worst offenders in this respect, running one story after another that either obscured or misstated the legal issues while suggesting that both Martin's death and the delay in arresting Zimmerman somehow hinged on the absence of a duty to retreat. Now the Times is implicitly admitting that its reporting was based on a fundamentally mistaken premise.
  Opening arguments in Zimmerman's trial are expected next week.
  Jacob Sullum is a senior editor at Reason magazine and a nationally syndicated columnist.
EU Seeks To Reduce Patient Protection in Medical Trials
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  Mon, 24 Jun 2013 17:57
  "Study participants sought! Do you suffer from irritable bowel syndrome?"
  So read the kind of ads that pharmaceutical research institutes post on buses and trains to attract volunteers looking to earn a bit of cash by being a guinea pig for drug tests. Sometimes it's about high blood pressure, sometimes about eczema, and sometimes the thing being researched remains unspecified. The important thing is rounding up enough participants for a clinical study.
  If the European Commission gets its way with amendments to its Clinical Trial Directive, though, the search for subjects in tests involving not entirely new active ingredients will soon become much easier. According to its proposed amendment, it will suffice for a patient to land in a hospital currently running a certain clinical study. Whether a cancer patient or accident victim, the person will automatically become part of the test -- unless he or she explicitly declines to do so. If patients aren't in a position to decline because they are unconscious, they would have to be carrying a patient decree specifying that they do not want to be included in the tests. Such a regulation would even violate the EU's Charter of Fundamental Rights, which stipulates that patients must give their informed consent to be included in a test. Indeed, it would jeopardize one's right to bodily self-determination.
  Negotiators in Brussels are still wrestling over every word in the draft regulation. Among its main opponents are German politicians focused on health issues. "Waiving the express consent of patients overturns the good rules of clinical praxis," says Peter Liese, a member of the European Parliament representing Chancellor Angela Merkel's center-right Christian Democratic Union (CDU).
  In the coming weeks, physicians, politicians and industry representatives will meet to discuss the planned reform at a symposium in Berlin. They will address the issues of protecting human dignity and whether patients can unwittingly be put at the disposal of medical research.
  The push for the regulation from Brussels has primarily economic motives. When presenting the plans last fall, then-European Commissioner for Health and Consumer Policy John Dalli said that there was an "urgent need to empower the pharmaceutical industry in Europe." He also noted that, between 2007 and 2005, the number of applications for clinical trials had dropped by 25 percent while test costs have continued to rise. Likewise, he added that many tests are now being conducted in newly industrializing countries -- which he saw as unacceptable for an already industrialized region like Europe.
  Associations of medical specialists have also been criticizing the current situation in Europe. The German Society of Hematology and Oncology (DGHO), for example, claims that the situation has dramatically worsened in recent years "as a result of excessive bureaucracy." It also cites a recent survey of cancer researchers reportedly finding that a third of all trial-conducting institutions in Germany would like to cut back their study activities even further.
  Many physicians back the reform in the belief that it will strengthen independent research by also making it easier to conduct non-commercial studies.
  Sacrificing Rights for Expedience?
  What is at issue now is whether the Commission can find the right way to, if possible, make desirable reductions in bureaucracy while safeguarding patients' inalienable rights. Seven hundred proposed amendments have already been submitted to the draft. Proposals from all 27 EU member states landed on the wish lists in the European Parliament, and lobbying groups have made their voices heard, as well.
  The most controversial issue revolves around the roll of the ethics commissions. Under the current system, such bodies are responsible for approving a study before testing is allowed to begin on patients. But, under the amended version, ethics experts will examine such plans and only issue nonbinding opinions on them.
  The current system is admittedly time-consuming and complicated. Under the federal structure of Germany, more than 50 ethics commissions have to authorize such studies regardless of the number of participating hospitals. Nevertheless, other researchers are voicing warnings about the plans from Brussels. Bernd M¼hlbauer, a pharmacologist who sits on the board of the Drug Commission of the German Medical Association (DCGMA), says it is "completely incomprehensible" why the EU now wants to do away with all the important rules that the medical community worked out over the course of many years.
  M¼hlbauer believes that one could create exceptions to the rules for studies conducted by independent researchers. But, as it happens, even these kinds of research studies are frequently co-financed by pharmaceutical companies, for example, in an attempt to expand a drug's range of applications to include additional ailments.
  Among the most far-reaching of the planned chances is that auditing authorities would only have 10 days to make a decision on whether to give a study the green light. If the experts miss this deadline, the application would be accepted by default. "That is completely unrealistic and gives rise to the question of whether the Commission and the Parliament are really taking seriously the reviewing of experiments on humans," says Otmar Kloiber, the general secretary of the World Medical Association. Allowing this to happen, he continues, virtually precludes the effective safeguarding of patients.
  (C) SPIEGEL ONLINE 2013All Rights ReservedReproduction only allowed with the permission of SPIEGELnet GmbH
UPDATE: James Gandolfini's Body Back In U.S. With Help From Clintons, State Dept - Deadline.com
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  Mon, 24 Jun 2013 17:55
  UPDATE, 10:15 AM: HBO just confirmed that James Gandolfini's remains have been returned to the U.S. from Rome.
  PREVIOUS, SUNDAY AM:James Gandolfini's body may be repatriated back to the U.S. as early as Monday. ''On behalf of the Gandolfini family, I would like to thank the Italian authorities for all the assistance they have rendered in expediting the formalities necessary to repatriate James Gandolfini's remains to the United States,'' Gandolfini spokesman Michael Kobold said in a statement Sunday. ''We would like to thank the United States government, especially Secretary Kerry and our friends at the State Department for helping us in this time of need. Our expressed thanks to the people at the Italy desk at the State Department for working day and night on our behalf. We thank President Clinton and former Secretary of State Hillary Clinton for their kind support. And we would like to applaud Vice Consul Patricia Hill and her colleagues at the consular section at the U.S. Embassy here in Rome for being so courteous and helpful throughout this difficult process.'' Gandolfini died Wednesday of a heart attack while in Italy to attend the Taormina Film Festival.
  Related: R.I.P. James GandolfiniJames Gandolfini's Cause Of Death Confirmed, Funeral Plans Underway
  Get Deadline news and alerts FREE to your inbox...
Germany Said to Seek Cyprus-Style Wipeouts in ESM Bank Aid Rules - Businessweek
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  Archived Version
  Mon, 24 Jun 2013 17:26
  Germany is leading a push for all bank creditors except insured depositors to take losses before the euro area's firewall fund could provide direct aid to troubled financial institutions, according to two European officials.
  Euro-area finance ministers meeting in Luxembourg today are battling over what losses to require for private-sector creditors, particularly while the European Union sets up broader rules on how to restructure failing banks. The ministers are trying to agree on an outline for how banks can tap the 500 billion-euro ($660 billion) European Stability Mechanism without damaging their nation's balance sheets.
  Germany, Finland and the Netherlands want to require senior creditors to take losses before ESM aid could be considered, according to the two officials. This contrasts with the European Commission's view that only junior bondholders and shareholders should be written down before state-funded restructuring can begin.
  If the German effort is successful, it would mean that future bank bailouts within the currency zone would look more like the rescue terms for Cyprus, rather than the path taken by Ireland, Spain and the Netherlands. The debate shows that euro-area ministers remain divided over how to break the link between banking-sector and sovereign-debt struggles a year after they offered the prospect of direct ESM aid to calm market fears.
  German Finance Minister Wolfgang Schaeuble said today that the ESM direct-aid tool won't be available until other elements of the EU's banking union strategy are fully in place. ''As regards direct bank recapitalization, all building blocks of the banking union must be in place,'' Schaeuble told reporters. With French support, Germany now has pushed to delay the bank aid rules until the EU finishes work on bank resolution and recovery legislation.
  Schaeuble also said the bloc will require strict conditions on nations that seek aid to support troubled lenders. ''One can't just pump money into troubled banks without that being accompanied by reforms,'' he said.
  To contact the reporters on this story: Rebecca Christie in Luxembourg at rchristie4@bloomberg.net; Radoslav Tomek in Luxembourg at rtomek@bloomberg.net
  To contact the editor responsible for this story: James Hertling at jhertling@bloomberg.net
Is your smart meter spying on you? | Fossils & Photons '' Energy and Clean Tech | an SFGate.com blog
  Link to Article
  Archived Version
  Mon, 24 Jun 2013 17:17
  Critics of ''smart meters'' have often warned that the advanced electricity and gas meters can invade privacy by revealing when someone is and isn't home.
  According to the American Civil Liberties Union, they have reason to worry.
  The civil rights group on Wednesday reported that California's three big, investor-owned utilities had disclosed individual account information on thousands of their customers last year, usually to government agencies armed with subpoenas. The vast majority of those disclosures '-- 4,062 '-- were made by San Diego Gas and Electric Co.
  Sometimes the agencies were seeking billing, banking and address information that would help them locate individuals, according to a memo SDG&E filed with state regulators this spring. In more than half the cases, however, investigators received energy-usage data for the customers. Thanks to smart meters, that data can reveal when a customer goes to work, heads to bed or leaves on vacation, although it's still not certain that investigators are using the information in that depth of detail.
  How many records did Pacific Gas and Electric Co. release? Click here, and read on.
  '' David R. Baker
Violet Crown Cinema ' 434 W. 2nd Street at Guadalupe ' Movies in Austin, TX
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  Archived Version
  Mon, 24 Jun 2013 17:05
  Reviews"Wages a compelling crusade to get background singers some long-overdue recognition." - Peter Debruge, Variety.
  "Unearths a treasure trove of archival TV, concert and film footage featuring many of these vocalists in their heyday." - Justin Lowe, The Hollywood Reporter.
  20 Feet From StardomDirected by Morgan Neville
  Millions know their voices, but no one knows their names. In his compelling new film TWENTY FEET FROM STARDOM, award-winning director Morgan Neville shines a spotlight on the untold true story of the backup singers behind some of the greatest musical legends of the 21st century. Triumphant and heartbreaking in equal measure, the film is both a tribute to the unsung voices who brought shape and style to popular music and a reflection on the conflicts, sacrifices and rewards of a career spent harmonizing with others.
  These gifted artists span a range of styles, genres and eras of popular music, but each has a uniquely fascinating and personal story to share of life spent in the shadows of superstardom. Along with rare archival footage and a peerless soundtrack, TWENTY FEET FROM STARDOM boasts intimate interviews with Bruce Springsteen, Stevie Wonder, Mick Jagger and Sting to name just a few. However, these world-famous figures take a backseat to the diverse array of backup singers whose lives and stories take center stage in the film.
  MPAA Rating: PG-13Run Time:
  Release Year: 2013Country of Origin: USA
Hopscotch (film) - Wikipedia, the free encyclopedia
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  Mon, 24 Jun 2013 16:58
  Hopscotch is a 1980 American film directed by Ronald Neame and produced by Otto Plaschkes. It was written by Bryan Forbes and Brian Garfield, based on Garfield's novel of the same name.
  The film is a comedy starring Walter Matthau as Miles Kendig, a renegade CIA agent intent on publishing a memoir exposing the inner workings of the CIA and the KGB. Sam Waterston and Ned Beatty play Cutter and Myerson, Kendig's prot(C)g(C) and his obnoxious, incompetent, and profane former boss, respectively, and are repeatedly foiled in their attempts to capture him and stop the publication of the damaging memoir. Herbert Lom is Yaskov, the sympathetic KGB agent with an equal interest in his capture. Glenda Jackson plays Isobel von Schoenenberg, his Austrian love interest who helps him stay one step ahead of his captors.
  Matthau and Jackson previously appeared together in the 1978 film House Calls. Matthau's son David plays Ross, a bumbling junior CIA agent. Matthau's step-daughter Lucy Saroyan plays the pilot, Carla Fleming.
  The film was received in a lukewarm manner by critics and was a moderate financial success during its release.[citation needed]The Criterion Collection released the film to DVD in 2002.
  Synopsis[edit]The movie opens at Munich's Oktoberfest. Kendig and his team foil a microfilm transfer to an East German spy. However, they purposely do not apprehend Yaskov. Kendig is summoned to Washington, where his supervisor, Myerson (Beatty), is forcing Kendig into semi-retirement and a desk job because Kendig didn't arrest the Russian. Kendig resists, claiming to be "a field man", and, on his own initiative, takes leave, shredding his file en route. It is days before that is discovered. He goes to Salzburg, Austria to "hear some Mozart" and visit an old friend, Isobel Von Schoenenberg (Jackson). It is here that he seizes on the idea of writing a book exposing all the 'dirty tricks' of the CIA, KGB and other 'spy agencies'. Isobel is horrified to read the first chapter and tells Kendig that they'll all come after him to kill him. Nevertheless, he mails copies of the chapters to the various spy chiefs in the US, Russia, China, France and Great Britain. Soon enough, Myerson and Yaskov are after him, just as he wanted.
  Kendig baits his pursuers by periodically informing them of his location while nevertheless staying one step ahead. Leaving Vienna, he rents Myerson's own Georgia country house, and writes a few more chapters. The CIA trace him there, but the FBI shows up as well, and hearing the firecrackers Kendig sets up to go off, start blasting away at the house with rifles in front of the frantic Myerson, who goes in to a fit of apoplexy as his house is destroyed by the FBI shooters. This scene is accompanied by the aria "Un bel D¬", the suicide scene from Madama Butterfly (Puccini).
  Kendig flies to Bermuda by seaplane (piloted by a woman portrayed by Matthau's stepdaughter, Lucy Saroyan), then to London, to meet with his publisher (George Baker) to give him the last chapter of the book. Yaskov tells Cutter (Waterston), a former prot(C)g(C) of Kendig's and friend who has been tasked to pursue him, finding out that he is in London. Both the Soviets and the Americans go to London and find Kendig's hotel room, where he has left a tape recording telling them he has finished the book and that he will be escaping Britain by a small plane the next morning. He leaves a copy of the last chapter and the location of the airfield from which he plans to make his escape.
  In the meantime, Kendig has contacted Isobel, who is under surveillance in Austria by the CIA. She cleverly escapes her watchers and goes to England by hovercraft. Kendig has also contracted with an engineer for a specialized electronic device for the airplane of unknown purpose.
  Cutter and Myerson threaten Kendig's publisher but he rebuffs their attempts at intimidation. Kendig, on the way to the airfield, suffers a flat tire. He is assisted by the local police, who cordially invite him to wait in the station until the morning. When one policeman recognizes him from a bulletin, Kendig escapes by short-circuiting an electrical socket and stealing a police car.
  He reaches the airfield in the morning, but the Americans and Russians are hovering overhead in a helicopter. He apparently takes off in his vintage biplane and is pursued by Myerson in the helicopter. He performs intricate loops in the plane evading the pistol shots from Myerson.
  It is then revealed that the electronic device that Kendig had had built is a specialized remote control device. Kendig is actually still on the ground, controlling the plane from the near-ruinous former control building nearby. Once the plane has cleared the cliffs and is over the English Channel, he presses a button, exploding it, timed just as Myerson has fired at the biplane one more time. The Americans and Russians rush to the cliff, see the wreckage floating in the sea, and conclude that Kendig is dead '' except Cutter, who sees through the plan and realizes that Kendig did not die in the plane ("He better stay dead") but decides to keep this insight to himself.
  Kendig meanwhile returns to meet Von Schoenenberg and they set off for the south of France. Months later, the book has become a bestseller. Kendig is in a bookstore in disguise as a Sikh to purchase a copy. He learns from the clerk that the book is very good and that there is a rumor that Kendig is still alive in Australia. Von Schoenenberg pulls him aside and scolds him for taking too many risks.
  Credits[edit]Production[edit]Otto Plaschkes - producerRonald Neame - directorBryan Forbes - screenplayBrian Garfield - screenplay and novelCast[edit]Sources[edit]The film has been described as a comedic variation on the 1975 dark thriller Three Days of the Condor starring Robert Redford, using the same premise of one CIA agent pursued by others intent on covering up dark secrets of the agency'--or a comedic version of Philip Agee's rebellion.[citation needed] The movie has also been classified in the genre of post-Vietnam American comedies such as Stripes (1981) that played on the perceived incompetence of the federal government.[citation needed] The book's author explained in a documentary on the DVD that rather than basing the book on anything specific, he was unhappy with the spy movie genre, sensing that it had become more about gadgets, violence and sex than either realism or trickery, and wrote Hopscotch to be a spy novel without the sex, guns and gadgets.
  The music includes many pieces by Wolfgang Amadeus Mozart. Notable examples include the aria "Non Pi¹ Andrai" from the opera The Marriage of Figaro, the andante movement from Eine kleine Nachtmusik, the first movement of Mozart's Piano Sonata No.11, K331 (best known for the third movement, the Rondo alla turca), the Posthorn Serenade, K320 and a Rondo in D, K382.
  Hermann Prey's lusty singing of "Non Pi¹ Andrai" magnificently highlights the absurd antics of the old biplane as Myerson is shooting at it. The song tells how Cherubino ("little baby"), going into the army, will no longer be a dainty favorite, just as 5-foot-7 Myerson is going to lose his power at the CIA. Also, the song describes bullets flying and even bombs exploding.
  There is also the aria "Largo al Factotum" from the opera The Barber of Seville by Gioachino Rossini. Matthau sings this as he passes a border checkpoint. The words to the aria explain how everyone is looking for the barber, and he moves fast like lightning.
  Kendig has the aria "Un Bel D¬ Vedremo" ("One Beautiful Day") from Madame Butterfly by Giacomo Puccini playing loudly on the stereo as the FBI and CIA shoot up Myerson's wife's house. The operatic contrapunto adds a surreal air of ironic justice to the events as Madame Butterfly sings how she will hide from her husband.
  Matthau, who had a great personal fondness for opera, is said to have selected the soundtrack himself. The director said however that conductor Ian Frasier found many of the Mozart pieces that fit the movie.[1]
  The credits also list "Once a Night" written by Jackie English and Beverly Bremers. This is the blaring song playing at the bar "The Other End" where Matthau goes to arrange his flight from Georgia.
  ^In Hopscotch - Criterion Collection DVD, special feature "Introduction by Neame & Garfield", director Neame stated that Matthau's agent made the suggestion that they ought to put in some Mozart because this would greatly please Matthau. As they looked into this they realized that it would much enhance the movie if Kendig loved Mozart. Ian Fraser was the arranger and found many sections of Mozart that fit the movie, but they couldn't find anything to go with Kendig typing. They asked Walter and he brought in some Mozart that went perfectly with it.External links[edit]
Wonkbook: Does Edward Snowden even exist?
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  Mon, 24 Jun 2013 16:57
  Welcome to Wonkbook, Ezra Klein and Evan Soltas's morning policy news primer. To subscribe by e-mail, click here. Send comments, criticism, or ideas to Wonkbook at Gmail dot com. To read more by Ezra and his team, go to Wonkblog.
  (Photo by Kin Cheung/AP)
  Aeroflot flight 150, from Moscow to Havana, was packed with dozens of journalists who'd bought tickets to get a glimpse of, and maybe even an interview with, fleeing leaker Edward Snowden. But when the doors closed and the plane readied for takeoff, they made an unpleasant discovery: Snowden wasn't on the plane.
  There is, of course, only one explanation for Snowden's absence: He never existed in the first place.
  When you think about it in retrospect, it's all so obvious. Some lone hacker '-- a high-school dropout, no less '-- with a beautiful model girlfriend and some strongly held views about transparency sacrifices his future to expose the NSA's most secretive program and then runs to Hong Kong and then to Moscow. Oh, and his model girlfriend has a blog where she writes about life as a pole-dancing acrobat. It's all a bit too perfect, isn't it? (Editor's note for the literal minded: It is not, in fact, all too perfect, and this column is not actually suggesting Edward Snowden isn't real. It's just a conceit to make a larger point.)
  The only question is motive: Why would anyone do it? The answer, as Buzzfeed's Ben Smith hints, is that it was necessary to keep the NSA programs safe. We can surmise that the information was leaking anyway, and so the government needed a distraction. Something connected to the NSA, so covering it would still feel like covering the NSA story, but that would divert much of the press from covering the actual programs.
  And it's worked. Everyone is talking about ''Edward Snowden.'' The whole world knows what flight he was supposed to be on this morning and which countries he's considering as safe harbors. The term ''STELLARWIND,'' by contrast, has largely dropped out of the news.
  The genius of the plan is that it offers an emotional arc and payoff that feels like it's about the NSA story. People angry about the government's actions can cheer Snowden's moxie and root for his flight. People angry about the leaks can hope the government manages to catch him. There's a new plot twist each and every day. There will, presumably, be an eventual resolution to the Snowden story, such that those following it feel they have a sense of closure and can move onto other topics.
  The Exciting Adventures of Edward Snowden haven't stopped the press from digging deeper into the NSA programs, of course. The Washington Post and the Guardian have remained doggedly on the trail of the NSA programs. And just this weekend, McClatchy revealed the ''Insider Threat'' program that the Obama administration uses to keep this kind of information from leaking out.
  But whereas those stories might, in another world, be leading a journalistic feeding frenzy and creating a relentless drumbeat for further revelations, in this world, it's Operation: Snowden that has managed to capture the imagination of the American people (or at least the people interested in political news). It's Operation: Snowden that's leading every news homepage and cable broadcast in the world right now. The effort has even neutralized journalistic resources that could've been devoted to the larger NSA stories (the poor reporters who got on the flight to Havana won't be able to turn around for three days, for instance). Operation: Snowden has become the NSA story.
  So of course Snowden wasn't on that plane. He couldn't have been. If he'd disappeared into Cuba the Snowden story would be over and all that would be left is the NSA story. And that's not the plan.
  Wonkbook's Number of the Day: 99. That's the number of days until October 1, 2013, when enrollment begins for health insurance marketplaces created under the Affordable Care Act open.
  Wonkblog's Graphs of the Day: This chart explains why Obama is coming forward with new climate plans.
  Wonkbook's Top 5 Stories: 1) regulating existing power plants; 2) the Supreme Court's supremely important week; 3) how to regulate finance; 4) 100 days 'til Obamacare; and 5) immigration-reform update.
  1) Top story: Green on environmental policy? Here's an intro.
  Obama will announce a plan to regulate existing power plants tomorrow. ''President Obama will announce his intention to limit greenhouse gas emissions from existing power plants, increase appliance efficiency standards and promote renewable energy development on public lands in a speech Tuesday outlining his plan to use executive powers to address climate change'...In the speech at Georgetown University, according to individuals briefed on the matter who asked not to be identified because the plan was not yet public, Obama will detail a government-wide plan to not only reduce the nation's carbon output but also prepare the United States for the near-term impacts of global warming.'' Juliet Eilperin in The Washington Post.
  Jonathan Chait has the essential longread on Obama's second-term climate agenda: ''[T]here is one hole in his regulatory agenda: power plants that currently exist. This is, unfortunately, a very large hole, as these plants, mostly coal, emit 40 percent of all U.S. carbon emissions. Coal is so inherently dirty that no available technology can prevent a plant from emitting unacceptable levels of greenhouse gases'...Then, a few weeks after last year's election, the Natural Resources Defense Council published a plan for the EPA to regulate existing power plants in a way that was neither ineffectual nor draconian. The proposal would set state-by-state limits on emissions. It sounds simple, but this was a conceptual breakthrough.'' Jonathan Chait in New York Magazine.
  Watch: The White House released a video, ''Addressing the threat of Climate Change,'' this weekend.
  Explainer:This chart explains why Obama is coming forward with new plans. Brad Plumer in The Washington Post.
  What else will be in the plan? ''Administration officials indicated that his speech will also include valuable new steps to increase energy efficiency, and boost investment in wind, solar, and other renewable energy sources. We hope that the president will also announce measures to help communities become more resilient to future storms, floods, drought, heat waves, and wildfires,'' [Daniel J. Weiss, the director of climate strategy at the Center for American Progress] added.'' Ben German in The Hill.
  @DLeonhardt: Gotta think Obama is deliberately choosing one of busiest DC news weeks of year to give big climate speech. Still not a typical-voter topic.
  Boehner: Obama climate proposal 'absolutely crazy.' ''The Ohio Republican was incredulous when asked to react to reports that the White House plans to regulate carbon emissions from power plants as part of its climate change strategy. ''I think this is absolutely crazy,'' Boehner said at his weekly press conference. ''Why would you want to increase the cost of energy and kill more American jobs at a time when American people are asking, 'Where are the jobs.''' Molly K. Hooper in The Hill.
  It could be a long slog for Obama's climate plans. ''The rules are almost certain to bring legal challenges, but even without that the process is lengthy. The Environmental Protection Agency must first complete rules for new power plants, which have been in the works since 2011. In draft form, those rules essentially blocked the construction of new coal-fired plants. Once the draft rules are finished, environmental lawyers say, the EPA would need until at least late 2014 to propose and make final rules for existing plants. What's more, the rules would be merely guidelines for states to draw up their own plans for restricting greenhouse gases. Allowing a year for that'--plus more time for the EPA to rewrite state plans if it is dissatisfied with them'--means the process could easily stretch out to the end of Mr. Obama's second term and beyond.'' Keith Johnson and Peter Nicholas in The Wall Street Journal.
  Music recommendations interlude: Creedence Clearwater Revival, ''Green River,'' 1969.
  Top op-eds
  LEONHARDT: The endless battle over judicial nominees. ''My goal here is to cut through the noise '-- statistical and partisan '-- and try to offer an objective reading of the fight over judges. It is one of the most consequential fights in Washington today, yet it receives a fraction of the attention that national security or legislative battles do.'' David Leonhardt in The New York Times.
  KRUGMAN: Et tu, Bernanke? ''Given this grim reality '-- plus very low inflation '-- you have to wonder why the Fed is talking at all about reducing its efforts on the economy's behalf. Still, it's just talk, right? Well, yes '-- but what the Fed says often matters as much as or more than what it does. This is inherent in the relationship between what the Fed more or less directly controls, namely short-term interest rates, and longer-term rates, which reflect expected as well as current short-term rates. Even if the Fed leaves short rates unchanged for now, statements that convince investors that these rates will be going up sooner rather than later will cause long rates to rise. And because long rates are what mainly matter for private spending, this will weaken growth and employment.'' Paul Krugman in The New York Times.
  DIONNE: The flawed farm bill. ''The collapse of the farm bill will generally be played as a political story about Boehner's failure to rally his own right wing. That's true as far as it goes and should remind everyone of the current House leadership's inability to govern. But this is above all a story about morality: There is something profoundly wrong when a legislative majority is so eager to risk leaving so many Americans hungry.'' E.J. Dionne in The Washington Post.
  MORGENTHAU: Let shooting victims sue. ''Congress passed the Protection of Lawful Commerce in Arms Act, severely reducing the legal liability of gun manufacturers, distributors and dealers for reckless acts that send guns to the black market. The National Rifle Association called it ''the most significant piece of pro-gun legislation in 20 years.'' This kind of legislation encourages arms dealers to turn a blind eye to the lethal consequences of what they peddle, and rewards their breathtaking irresponsibility.'' Robert M. Morgenthau in The New York Times.
  Sentences interlude: ''If octopuses did not exist, it would be necessary to invent them.''
  2) What you need to know about this week for the Supreme Court
  Supreme Court weighs cases redefining legal equality. ''The extraordinary run of blockbuster rulings due in the space of a single week will also reshape the meaning of legal equality and help define for decades to come one of the Constitution's grandest commands: ''the equal protection of the laws.'' If those words require only equal treatment from the government, the rulings are likely to be a mixed bag that will delight and disappoint liberals and conservatives in equal measure. Under that approach, same-sex couples who want to marry would be better off at the end of the term, while blacks and Hispanics could find it harder to get into college and to vote.'' Adam Liptak in The New York Times.
  The Voting Right Act is on the table. ''Much of the debate has been in broad historical terms about how much the South and other parts of the country have changed, but legal experts say the greatest impact of the court's decision may lie in the low-profile world of county commissions and school boards where the provision, Section 5, does the majority of its work.'' Campbell Robertson in The New York Times.
  Big Business loves this Court. ''The Supreme Court strengthened the hand of business in the session that comes to a close this week, making it easier for companies to defend themselves from the kinds of big lawsuits that have bedeviled them for decades. While the Roberts Court has long been viewed as friendly to business, the court set several notable precedents involving class-action lawsuits where plaintiffs try to pool their claims into one big case.'' Brent Kendall in The Wall Street Journal.
  The Court is keeping it old school. ''In a city beset by leaks '-- a young programmer recently gave a hoard of top-secret documents to newspapers '-- the high court's annual rulings remain stubbornly opaque until they are handed out (on paper, first) by the court's public relations staff. Meanwhile, the nine justices have the luxury of appearing publicly oblivious to the swirl of social media, the angst of Washington's legal community and the voracious appetite of America's 24-hour news cycle.'' Michael D. Shear in The New York Times.
  While the Court mulls gay marriage, the public shifts. '' the five years since Prop 8 passed, attitudes across America on gay marriage have moved fast. A poll this year by the nonpartisan Pew Forum on Religion and Public life found that 50% of Americans support gay marriage, up from 39% in 2008. ''For a social issue in recent decades, that is quite unique,'' says David Masci, a senior researcher at the Pew Forum.'' Geoffrey A. Fowler and Vauhini Vara in The Wall Street Journal.
  Real Tumblrs interlude: womenlaughingwithsalad.tumblr.com.
  3) A post-recession agenda for financial regulation
  Banks present own crisis plan to Fed. ''The plan, given to the U.S. Federal Reserve at a private meeting May 22, is an effort by banks to preempt tougher rules from officials in Washington who believe banks still could pose a threat to financial stability in a crisis'...Under the proposal, the largest financial-services holding companies would be willing to hold a certain amount of debt and equity that would be used to prop up any failed bank subsidiary seized by regulators. Some banks might be forced to issue expensive long-term debt. The plan is a concession to regulators, who increasingly have been calling for banks to hold a minimum amount of long-term debt.'' Dan Fitzpatrick, Shayndi Rice, and Michael R. Crittenden in The Wall Street Journal.
  Wall Street regulator races for time. ''Gary Gensler, the Goldman Sachs trader turned Wall Street regulator, may see his time atop the Commodities Futures Trading Commission end in July. The question is whether he can finish perhaps the most important piece of financial reform before he's out '' or whether the House will manage to stop him.'' Mike Konczal in The Washington Post.
  Explainer: Economic data coming your way this week. Amrita Jayakumar in The Washington Post.
  Can the Fed pull of the taper? ''The real economy, not just asset prices, could suffer from Fed ''tapering.'' Some indicators suggest the economy has come close to stalling repeatedly since the recession ended four years ago. Quarterly and monthly data on employment, inflation and growth are unclear on this point.'' Spencer Jakab in The Wall Street Journal.
  The Bank for International Settlements continues its hard-money push. ''Efforts by the world's ''overburdened'' central banks to stabilize financial markets have allowed governments to delay necessary overhauls to their economies and banking systems, the Bank for International Settlements said in its annual report Sunday'...Structural changes in core economic areas like labor markets and social security systems, which BIS repeatedly calls for, entail tough and often unpopular political decisions.'' Brian Blackstone in The Wall Street Journal.
  Here's why the markets are in turmoil. ''Many bond market funds are now showing losses for the year: Yields have jumped sharply, and prices correspondingly have fallen, because the Federal Reserve seems increasingly likely to scale back its efforts to stimulate the economy. But more broadly, sharp selloffs in higher-yielding investments have revealed where investors may have overpaid for those income streams. That was especially the case in high-dividend stocks, such as utilities, which many investors tend to view as havens. Also taking a big hit: yield-rich real-estate investment trusts.'' Tom Lauricella in The Wall Street Journal.
  Will auto sales continue to boost the economy? ''Since bottoming out in 2009, when American consumers bought just 10.4 million cars and light trucks, new-vehicles sales have climbed to 11.6 million in 2010, 12.8 million in 2011 and 14.5 million last year. So far this year, they've risen 7.3% and are on track to exceed 15 million vehicles for the first time in five years'...In the first quarter, vehicle production accounted for about half of the U.S. economy's growth, according to data from the Bureau of Economic Analysis.'' Neal E. Boudette in The Wall Street Journal.
  Ka-pow interlude: 1959 Chevrolet Bel Air vs. 2009 Chevrolet Malibu crash test.
  4) 99 days until Obamacare
  Obamacare starts in 99 days. ''This is the final sprint for the Obama administration and its allies. The White House has made a conscious decision to hold off on public outreach and education until right before open enrollment '-- there's no point in pitching a product, the thinking has gone, until it's almost on the shelves. There are, arguably, two big things that need to happen between now and October. The first is technical: The federal government needs to finish building the infrastructure that allows multiple government agencies to transmit information, determining whether an individual should qualify for tax subsidies.'' Sarah Kliff in The Washington Post.
  Explainer: 10 people, beyond Sec. Sebelius, to watch during the rollout of the Affordable Care Act. Elise Viebeck in The Hill.
  Employers test plans that cap health costs. ''Hoping to cut medical costs, employers are experimenting with a new way to pay for health care, telling workers that their company health plan will pay only a fixed amount for a given test or procedure, like a CT scan or knee replacement. Employees who choose a doctor or hospital that charges more are responsible for paying the additional amount themselves. Although it is in the early stages, the strategy is gaining in popularity and there is some evidence that it has persuaded expensive hospitals to lower their prices.'' Reed Abelson in The New York Times.
  Another ka-pow interlude: A controlled demolition of a huge bridge.
  5) The latest on immigration reform
  Border security is the key to immigration reform. So how do we measure it? ''In 2011, the GAO reports, border security along the Southwest was thought to be about 84 percent effective. That is, 16 percent of attempts to cross the border were successful '-- which amounted to about 85,000 people getting through. Another 61.3 percent resulted in apprehensions. And 22.7 percent of attempts were turned back. Now, effectiveness varied by sector '-- the Yuma sector, which is very well-staffed, had an effectiveness rate of 93.7 percent. By contrast, border security in the Rio Grande Valley sector was just 70.8 percent effective.'' Brad Plumer in The Washington Post.
  Sen. Graham says 70 votes is a reality. ''''The bill will pass. I think we're on the verge of getting 70 votes. That is my goal,'' Graham said on ''Fox News Sunday.'' ''We're very, very close to 70 votes. The Hoeven-Corker amendment I think gets us over the top.''" Jennifer Martinez in The Hill.
  '...But Sen. Paul says he won't be one of those 70. ''Sen. Rand Paul (Ky.), a likely Republican presidential candidate in 2016, announced Sunday he will vote against the Senate immigration reform bill because it does not guarantee border security. ''I'm all in favor of immigration reform but I'm like most conservatives in the country [in] that I think reform should be dependent on border security first,'' he said on CNN's ''State of the Union''.'' Alexander Bolton in The Hill.
  Reading material interlude: The best sentences Wonkblog read today.
  Wonkblog Roundup
  Voters don't care how women in politics look. Danny Hayes and Jennifer L. Lawless.
  Obamacare starts in 100 days. Sarah Kliff.
  Obama is announcing major new climate plans Tuesday. This chart explains why. Brad Plumer.
  A Wall Street regulator's race against time. Mike Konczal.
  A $15 minimum wage is a terrible idea. Dylan Matthews.
  Et Cetera
  Longread: ''Booz Allen, the World's Most Profitable Spy Organization,'' by Drake Bennett and Michael Riley in Bloomberg Businessweek.
  How the farm bill failed. David Rogers in Politico.
  Deadline for rearview cameras pushed to 2015. Joan Lowy in The Washington Post.
  Got tips, additions, or comments? E-mail me.
  Wonkbook is produced with help from Michelle Williams.
Anglo Irish bankers 'tricked' government into bailout - Telegraph
  Link to Article
  Archived Version
  Mon, 24 Jun 2013 16:44
  Mr Bowe apparently goes on to suggest that Anglo's management knew '‚¬7bn would never be enough. ''Yeah, and that number is seven, but the reality is that actually we need more than that,'' he is recorded saying. ''But you know the strategy here is you pull them in, you get them to write a big cheque and they have to keep, they have to support their money, you know.''
  Explaining the alleged entrapment strategy further, he adds: ''If they saw the enormity of it up front, they might decide... they have a choice. You know what I mean? They might say the cost to the taxpayer is too high. But... em... if it doesn't look big at the outset... if it looks big, big enough to be important, but not too big that it kind of spoils everything, then I think you have a chance.''
  Mr Fitzgerald is heard replying: ''Yeah. They've got skin in game and that is the key.''
  On the same tapes, Mr Bowe is heard apparently mimicking officials at Ireland's Central Bank reacting to an initial request for a loan, saying: ''There was a bit of, 'Jesus that's a lot of dosh... Jesus f---ing hell.''
  He also claims officials reacted by saying: '''Jesus, you're kind of asking us to play ducks and drakes with the regulations' and we said: 'Yeah'.''
  Mr Bowe also relates how officials demanded that ''whatever you get from the regulator sorts out the issue'', to which Mr Fitzgerald is heard replying: ''Oh yeah, yeah... just makes it f---in' happen.''
  The talks are thought to have taken place within days of the collapse of Lehman Brothers, when Anglo was itself in meltdown with depositors pulling out money at the rate of '‚¬1bn a day, spooked by the bank's exposure to Ireland's crashing property market.
  As the tapes provoked fury in Ireland yesterday, Michael McGrath, finance spokesman of Fianna Fail '' which led the government at the time of the Irish bank bail-outs '' said: ''We need to get to the full truth about the way that bank was run and the level of knowledge the bank's executives had about its true financial position in September 2008.''
  Mr Kenny said: ''I understand the rage and the anger of so many people who have been affected by all of this.'' He added that the government would make a decision on a public inquiry into the collapse of Ireland's banking system in ''due course''.
  Both the former Anglo executives denied any wrongdoing or any attempt to mislead the government, with Mr Bowe referring to ''off-the-cuff comments'' and ''probably gallows humour''.
  In a statement via his lawyer, Mr Fitzgerald said: ''I am not nor have I ever been aware of a strategy or intention on the part of Anglo Irish Bank to mislead the authorities in relation to the forecasted funding position.''
  Mr Bowe said the talks, during a ''period of severe and unprecedented market dislocation'', came at a time when Anglo was seeking interim funding. ''We envisaged the relevant period of time to be a number of months before the bank would be able to access sufficient alternative funding.''
  The furore over the transcripts comes ahead of a high-profile court case into the collapse of the bank. Anglo's former chief executive, Sean FitzPatrick, and two ex-directors, Pat Whelan and Willie McAteer, are awaiting trial on fraud charges.
  The collapse of Ireland's banking system forced the country into a eurozone bail-out. Anglo has since been renamed the Irish Bank Resolution Corporation and is in the process of being liquidated.
Climate Change Scientists Kick The Fear Mongering Into Overdrive, Claim Global Warming Like ''Four Hiroshima Bombs Every Second'''...
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  Archived Version
  Source: Weasel Zippers
  Mon, 24 Jun 2013 15:29
  Just in time for Obama's big speech on global warming.
  Via French Tribune:
  Climate scientists have given figures of rising and changing climate. These figures are almost like a warning that states that escalating temperatures are equivalent to four Hiroshima bombs in a week.
  They've completely attributed the condition to human actions. This is not an unknown fact that humans have been emitting more carbon dioxide into the atmosphere in this era. This is far more emissions released during any period in history.
  ''All these heat-trapping greenhouse gases in our atmosphere mean '... our planet has been building up heat at the rate of about four Hiroshima bombs every second '' consider that going continuously for several decades'', John Cook, Climate Communication Fellow from the Global Change Institute at the University of Queensland said.
  HT: Rare
Zing! Cue the creepy music: Jake Tapper reports the 'final Snowden twist'
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  Archived Version
  Source: Twitchy » US Politics
  Mon, 24 Jun 2013 15:27
  That. Was. Beautiful.
  As Twitchy reported Monday morning, the Edward Snowden fiasco continues. This time, journos were hardest hit as they were trapped on a flight for which Snowden was a no-show.
  CNN's Jake Tapper is having a little fun with the debacle.
  "As part of deal, Putin gets five more Super Bowl rings, da?"'--Jake Tapper (@jaketapper) June 24, 2013
  Hee hee!
  Twitter users particularly loved his hilarious ''final twist'' snark-tweet.
  Recently discovered that @jaketapper is hilarious. RT @jaketapper Final Snowden twist'.... The calls are coming FROM INSIDE YOUR HOUSE!!!!'--SecretLifeOfComedy (@SLOComedy) June 24, 2013
  I just love @jaketapper. #ThatIsAll'--Kimberly C (@conkc2) June 24, 2013
  @jaketapper Well done.'--Hugo Hackenbush (@MangyLover) June 24, 2013
  @jaketapper Golf clap.'--Ron McKinney (@macsmarts) June 24, 2013
  This Twitter user offers up an alternate twist:
  Come on, @jaketapper-in the movie, camera pans the cabin. We see Snowden's not a passenger. Cut to the cockpit-he's the pilot!'--Eric (@WaldoWilbur) June 24, 2013
  Eeek!
  And the joke inspires some NSA zingers, natch:
  NSA already knew that RT @jaketapper: Final Snowden twist'.... The calls are coming FROM INSIDE YOUR HOUSE!!!!'--Reid Wilson (@HotlineReid) June 24, 2013
  And NSA is listening RT @jaketapper: Final Snowden twist'.... The calls are coming FROM INSIDE YOUR HOUSE!!!!'--Matt Apuzzo (@mattapuzzo) June 24, 2013
  Keep the tweets coming, Mr. Tapper!
  Related:
  Heh: Can you spot Obama on the Cuba flight that Snowden ditched? [pic]
  That was fast: @SnowdensSeat parody account takes off
  Snort! 'Best Rickroll ever?' Snowden not on flight to Cuba; Journos live-tweet empty seat [pics]
  Ha! Jake Tapper zings Holder over IRS; Mocks himself for being #nothorriblyboring
  Oh, snap! Jake Tapper wins Twitter with boom-worthy tweet about Obama's NSA straw man
  CNN's Jake Tapper zings conservative-targeting IRS on Twitter: 'So '... um'
  Full Twitchy coverage of Jake Tapper
  Follow @twitchyteam
NSA can eavesdrop on Americans' phone calls, documents show | Politics and Law
  Link to Article
  Archived Version
  Mon, 24 Jun 2013 14:53
  The Guardian newspaper posts classified documents showing intelligence analysts have broad access to intercepted communications but aren't supposed to "target" Americans.
  Attorney General Eric Holder, who authorized the NSA's domestic surveillance in secret legal documents made public today.
  (Credit: Getty Images)The National Security Agency has been secretly granted legal authority to operate a massive domestic eavesdropping system that vacuums up Americans' phone calls and Internet communications, newly leaked documents show.
  A pair of classified government documents (No. 1 and No. 2) signed by Attorney General Eric Holder and posted by the Guardian on Thursday show that NSA analysts are able to listen to Americans' intercepted phone calls without asking a judge for a warrant first.
  That appears to be at odds with what President Obama said earlier this week in defense of the NSA's surveillance efforts. "I can say unequivocally is that if you are a U.S. person, the NSA cannot listen to your telephone calls and the NSA cannot target your e-mails," Obama said.
  The new documents indicate, however, that NSA, CIA, and FBI analysts are granted broad access to data vacuumed up by the world's most powerful intelligence agency -- but are supposed to follow certain "targeting" and "minimization" procedures to limit the number of Americans who become individual targets of warrantless surveillance.
  CNET has not verified the authenticity of the documents. The Justice Department did not respond to a request for comment this afternoon.
  Analysts are expected to exercise "reasonable judgment" in determining which data to use, according to the documents, and "inadvertently acquired communications of or concerning a United States person may be retained no longer than five years." The documents also refer to "content repositories" that contain records of devices' "previous Internet activity," and say the NSA keeps records of Americans' "electronic communications accounts/addresses/identifiers" in an apparent effort to avoid targeting them in future eavesdropping efforts.
  The Holder procedures were blessed in advance by the secret Foreign Intelligence Surveillance Court, the Guardian reported, meaning that the judges would have issued a general order that authorizes the NSA to engage in warrantless surveillance as long as it's primarily aimed at foreign targets, subject to some limited judicial oversight.
  Today's disclosure jibes with what Edward Snowden, the former NSA contractor who leaked top-secret documents, alleged in an online chat earlier this week. Snowden said, referring to the contents of e-mail and phone calls, that "Americans' communications are collected and viewed on a daily basis on the certification of an analyst rather than a warrant."
  On Sunday, Director of National Intelligence James Clapper released a carefully-worded statement in response to a CNET article and other reports questioning when intelligence analysts can listen to domestic phone calls. Clapper said: "The statement that a single analyst can eavesdrop on domestic communications without proper legal authorization is incorrect and was not briefed to Congress."
  Clapper's statement was viewed as a denial, but it wasn't. Today's disclosures reveal why: Because the Justice Department granted intelligence analysts "proper legal authorization" in advance through the Holder regulations.
  "The DNI has a history of playing games with wording, using terms with carefully obscured meanings to leave an impression different from the truth," Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation who has litigated domestic surveillance cases, told CNET earlier this week.
  Jameel Jaffer, the American Civil Liberties Union's deputy legal director, said in a statement today that:
  After Congress enacted the FISA Amendments Act in 2008, we worried that the NSA would use the new authority to conduct warrantless surveillance of Americans' telephone calls and emails. These documents confirm many of our worst fears. The "targeting" procedures indicate that the NSA is engaged in broad surveillance of Americans' international communications.
  The "minimization" procedures that supposedly protect Americans' constitutional rights turn out to be far weaker than we imagined they could be. For example, the NSA claims the authority to collect and disseminate attorney-client communications -- and even, in some circumstances, to turn them over to Justice Department prosecutors. The government also claims the authority to retain Americans' purely domestic communications in certain situations.
  The documents suggest there are some significant loopholes in domestic surveillance: if an NSA analyst reviews an intercepted communication and finds "evidence of a crime that has been, is being, or is about to be committed," it can be forwarded to the FBI or other federal law enforcement agencies.
  Another loophole is "a serious harm to life or property" -- which could sweep in intellectual property -- and "enciphered" data. Communications that contain "enciphered" data, which would likely include PGP but also could mean encrypted Web connections using SSL, may be kept indefinitely.
  Earlier reports have indicated that the NSA has the ability to record nearly all domestic and international phone calls -- in case an analyst needed to access the recordings in the future. A Wired magazine article last year disclosed that the NSA has established "listening posts" that allow the agency to collect and sift through billions of phone calls through a massive new data center in Utah, "whether they originate within the country or overseas." That includes not just metadata, but also the contents of the communications.
  Documents that came to light in a different EFF lawsuit provide some insight into how the spy agency vacuums up data from telecommunications companies. Mark Klein, who worked as an AT&T technician for more than 22 years, disclosed in 2006 (PDF) that he witnessed domestic voice and Internet traffic being surreptitiously "diverted" through a "splitter cabinet" to secure room 641A in one of the company's San Francisco facilities. The room was accessible only to NSA-cleared technicians.
  AT&T and other telecommunications companies that allow the NSA to tap into their fiber links receive absolute immunity from civil liability or criminal prosecution, thanks to a law that Congress enacted in 2008 and renewed in 2012. It's a series of amendments to the Foreign Intelligence Surveillance Act, also known as the FISA Amendments Act.
  Section 702 of the FAA says surveillance may be authorized by the attorney general and director of national intelligence without prior approval by the secret Foreign Intelligence Surveillance Court, as long as minimization requirements and general procedures blessed by the court are followed.
  Last updated at 5:45 p.m. PT
Swedish court backs TV license fees for computers, mobile devices
  Link to Article
  Archived Version
  Source: Reuters: Technology News
  Mon, 24 Jun 2013 14:27
  STOCKHOLM | Mon Jun 24, 2013 10:01am EDT
  STOCKHOLM (Reuters) - A Swedish court on Monday ruled that the state broadcaster could charge a fee for accessing television via the Internet on laptops, tablets, smartphones and other devices.
  Sweden has for decades had a mandatory television license fee, now 173 crowns ($25.90) a month, to pay for public service broadcasting in a similar system to that of the Britain's BBC.
  But with more viewers watching Internet-streamed television content, supplied by the likes of Netflix and Sweden's own public service broadcaster, the agency collecting fees earlier this year began charging them as well.
  The move sparked a backlash on social networks such as Twitter as well as a debate in local media about the viability of the entire license system.
  An administrative court in Lulea, in the far north of Sweden, has been processing hundreds of appeals against the fees and in its first rulings published it dismissed about 20 of them filed by computer owners.
  The court said in a statement that the definition of what constituted a television receiver should apply regardless of the specific technology used to view the content and that it should move in step with technological developments.
  "Even if a computer is primarily used for other purposes, one of its uses these days is to receive TV programs," the court said on its website.
  "Since it is the ownership of the equipment that is subject to a fee, it is of no significance to that liability whether the person maybe does not use the computer to watch TV programs."
  Victoria Backstrom, an official at the Lulea court, said the court was still processing about 200 appeals and that it would rule on them as soon as possible. The rulings published on Monday might also be appealed, the court said.
  Britain charges a license fee to watch or record television live on any Internet-connected devices. ($1 = 6.6804 Swedish crowns)
  (Reporting by Niklas Pollard; Editing by Alistair Scrutton and Louise Ireland)
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Shale gas won't stop peak oil, but could create an economic crisis
  Link to Article
  Archived Version
  Mon, 24 Jun 2013 14:18
  Overinflated industry claims could pull the rug out from optimistic growth forecasts within just five years
  A natural gas wellhead on an Alta Resources LLC drill site near Montrose, Pennsylvania. Photograph: Daniel Acker/Getty Images
  A new report out last week from the US Energy Information Administration (EIA) has doubled estimates of "technically recoverable" oil and gas resources available globally. The report says that shale-based resources potentially increase the world's total oil supplies by 11 per cent.
  Acknowledging fault-lines in its new study, contracted to energy consulting firm Advanced Resources International Inc. (ARI), the EIA said:
  "These shale oil and shale gas resource estimates are highly uncertain and will remain so until they are extensively tested with production wells."
  The report estimates shale resources outside the US by extrapolation based on "the geology and resource recovery rates of similar shale formations in the United States." Hence, the EIA concedes that "the extent to which global technically recoverable shale resources will prove to be economically recoverable is not yet clear."
  Two years ago, following the publication of the EIA April 2011 report a New York Times investigation obtained internal EIA communications showing how senior officials, including industry consultants and federal energy experts privately voiced scepticism about shale gas prospects.
  One internal EIA document said oil companies had exaggerated "the appearance of shale gas well profitability" by highlighting performance only from the best wells, and using overly optimistic models for productivity projections over decades. The NYT reported that the EIA often "relies on research from outside consultants with ties to the industry."
  The latest EIA shale gas estimates, contracted to ARI, is no exception. ARI, according to the NYT's 2011 article, has "major clients in the oil and gas industry" and the company's president, Vello Kuuskraa, is "a stockholder and board member of Southwestern Energy, an energy company heavily involved in drilling for gas in the Fayetteville shale formation in Arkansas."
  Independent studies published over the last few months cast even more serious doubt over the viability of the shale gas boom.
  A report released in March by the Berlin-based Energy Watch Group (EWG), a group of European scientists, undertook a comprehensive assessment of the availability and production rates for global oil and gas production, concluding that:
  "... world oil production has not increased anymore but has entered a plateau since about 2005."
  Crude oil production was "already in slight decline since about 2008." This is consistent with the EWG's earlier finding that global conventional oil production had peaked in 2006 - as subsequently corroborated by the International Energy Agency (IEA) in 2010.
  The new report predicts that far from growing inexorably, "light tight oil production in the USA will peak between 2015 and 2017, followed by a steep decline", while shale gas production will most likely peak in 2015. Shale gas prospects outside the US are incomparable to gains made so far there "since geological, geographical, and industrial conditions are much less favourable."
  Consequently, global gas prices are likely to increase rather than follow the initial US trend. In the meantime, conventional oil production will continue declining, dropping as much as 40 per cent by 2030. The upshot is that the US "will not become a net oil exporter."
  The EGW report follows two other reports published earlier this year also challenging the conventional wisdom.
  A Post-Carbon Institute study authored by geologist David Hughes, who worked for 32 years as a research manager at the Geological Survey of Canada, analysed US production data for 65,000 wells from 31 shale plays using a database widely used in industry and government. While acknowledging that shale has dramatically reversed "the long-standing decline of US oil and gas production", this can only:
  "... provide a temporary reprieve from having to deal with the real problems: fossil fuels are finite, and production of new fossil fuel resources tends to be increasingly expensive and environmentally damaging."
  Despite accounting for nearly 40 per cent of US natural gas production, shale gas production has "been on a plateau since December 2011 - 80 per cent of shale gas production comes from five plays", some of which are already in decline.
  "The very high decline rates of shale gas wells require continuous inputs of capital - estimated at $42 billion per year to drill more than 7,000 wells - in order to maintain production. In comparison, the value of shale gas produced in 2012 was just $32.5 billion."
  The report thus concludes:
  "Notwithstanding the fact that in theory some of these resources have very large in situ volumes, the likely rate at which they can be converted to supply and their cost of acquisition will not allow them to quell higher energy costs and potential supply shortfalls."
  Report author Hughes said that the main problem was the exclusion of price and rate of supply: "Price is critically important but not considered in these estimates." He added: "Only a small portion [of total estimated resources], likely less than 5-10 per cent will be recoverable at a low price...
  "Shale gas can continue to grow but only at higher prices and that growth will require an ever escalating drilling treadmill with associated collateral financial and environmental costs '' and its long term sustainability is highly questionable."
  Another report was put out by the Energy Policy Forum, and authored by former Wall Street analyst Deborah Rogers - now an adviser to the US Department of the Interior's Extractive Industries Transparency Initiative. Rogers warns that the interplay of geological constraints and financial exuberance are creating an unsustainable bubble. Her report shows that shale oil and gas reserves have been:
  "... overestimated by a minimum of 100% and by as much as 400-500% by operators according to actual well production data filed in various states... Shale oil wells are following the same steep decline rates and poor recovery efficiency observed in shale gas wells."
  Deliberate overproduction drove gas prices down so that Wall Street could maximise profits "from mergers & acquisitions and other transactional fees", as well as from share prices. Meanwhile, the industry must still service high levels of debt due to excessive borrowing justified by overinflated projections:
  "... leases were bundled and flipped on unproved shale fields in much the same way as mortgage-backed securities had been bundled and sold on questionable underlying mortgage assets prior to the economic downturn of 2007."
  Seeking to prevent outright collapse, the report argues, the US is ramping up gas exports so it can exploit the difference between low domestic and high international prices "to shore up ailing balance sheets invested in shale assets."
  Rogers, who testified last month before the Senate Committee on Energy and Natural Resources, also expressed scepticism about the EIA's latest assessment:
  "The EIA actually does retrospective assessments of their forecasting and their track record is dismal... They admit that they overestimated natural gas production 66 per cent of the time and crude 59.6 per cent of the time in their March 2013 assessment for 2012."
  She added that "there is definitely a bubble." Though it would not have an impact as devastating as the banking crisis, she said:
  "The oil majors do have losses, but the smaller independents are being shaken out. Chesapeake and others are struggling, like Devon, Continental, Kodiak and Range. Without exception, they all have had a significant deterioration in negative free cash since 2010. This is obviously not sustainable."
  The impact of this would be greater centralisation, with smaller companies and their assets being absorbed by the oil majors through mergers and acquisitions. Rogers said:
  "What is most troubling to me is that there appears to be a complacency setting in about transitioning to a more sustainable energy economy. Shales should be used as a bridge. But we are hearing far too much euphoric talk about 100-200 years of natural gas. Therefore no need to worry, it can be business as usual. This is highly problematic in my opinion. We must globally transition away from hydrocarbons."
  Dr Nafeez Ahmed is executive director of the Institute for Policy Research & Development and author of A User's Guide to the Crisis of Civilisation: And How to Save It among other books. Follow him on Twitter @nafeezahmed
Inside Anglo: the secret recordings
  Link to Article
  Archived Version
  Mon, 24 Jun 2013 13:48
  Paul Williams Special Correspondent '' 24 June 2013
  The astonishing tapes show senior manager John Bowe, who had been involved in negotiations with the Central Bank, laughing and joking as he tells another senior manager, Peter Fitzgerald, how Anglo was luring the State into giving it billions of euro.
  Mr Fitzgerald had not been involved in the negotiations with the Central Bank and has confirmed he was unaware of any strategy or intention to mislead the authorities. Mr Bowe, in a statement last night, categorically denied that he had misled the Central Bank.
  The audio recordings are from the bank's own internal telephone system and date from the heart of the financial crisis that brought the State to its knees in September 2008.
  Anglo itself was within days of complete meltdown '' and in the years ahead would eat up '‚¬30bn of taxpayer money. Mr Bowe speaks about how the State had been asked for '‚¬7bn to bail out Anglo '' but Anglo's negotiators knew all along this was not enough to save the bank.
  The plan was that once the State began the flow of money, it would be unable to stop.
  Mr Bowe is asked by Mr Fitzgerald how they had come up with the figure of '‚¬7bn. He laughs as he is taped saying: "Just, as Drummer (then-CEO David Drumm) would say, 'picked it out of my arse'."
  He also says: "If they (Central Bank) saw the enormity of it up front, they might decide they have a choice. You know what I mean?
  "They might say the cost to the taxpayer is too high . . . if it doesn't look too big at the outset . . . if it looks big, big enough to be important, but not too big that it kind of spoils everything, then, then I think you have a chance. So I think it can creep up."
  Mr Fitzgerald, the Director of Retail Banking, is heard saying: "Yeah. They've got skin in the game and that is the key."
  Mr Bowe's comments in the audio recording reveal that Anglo's strategy was to lure the State in, leaving taxpayers with no choice but to continue to provide loans to "support their money".
  The recording also shows Mr Bowe and Mr Fitzgerald laughing as they say how there is no realistic chance of ever repaying the loans.
  For the first time, taxpayers get an exclusive insight into the banking shenanigans that cost Ireland our sovereignty.
  Irish Independent
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World Mysteries - Science Mysteries
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  Archived Version
  Mon, 24 Jun 2013 05:48
  "There manifests itself in the fully developed being, Man, a desire mysterious, inscrutable and irresistible: to imitate nature, to create, to work himself the wonders he perceives. Long ago he recognized that all perceptible matter comes from a primary substance, or tenuity beyond conception, filling all space, the Akasa or luminiferous ether, which is acted upon by the life giving Prana or creative force, calling into existence, in never ending cycles all things and phenomena. The primary substance, thrown into infintesimal whirls of prodigious velocity, becomes gross matter; the force subsiding, the motion ceases and matter disappears, reverting to the primary substance." - Man's Greatest Achievement, 1907
  "So astounding are the facts in this connection, that it would seem as though the Creator, himself had electrically designed this planet." - Tesla describing what is now known as Schumann Resonance (7.8Hz) in The Transmission of Electrical Energy Without Wires As A Means Of Furthering World Peace 1905.
  "Of all the frictional resistances, the one that most retards human movement is ignorance, what Buddha called 'the greatest evil in the world.' The friction which results from ignorance can be reduced only by the spread of knowledge and the unification of the heterogeneous elements of humanity. No effort could be better spent."
  "Science is but a perversion of itself unless it has as its ultimate goal the betterment of humanity.
  -- Nikola Tesla
  Tesla was awarded 221 worldwide patents, and 113 US patents. These covered polyphase AC power alternators, transformers, and motors, radio communication, fluorescent lighting, automotive ignition systems, VTOL aircraft, efficient bladeless turbines, etc. Tesla was relatively unconcerned about getting rich, seeking funds only to continue his research for the betterment of humanity. After 1915, Tesla slowly faded into obscurity, finally dying penniless in 1943. Later that year, the US Supreme Court declared Tesla the TRUE inventor of radio.
  The famous physicist, Niels Bohr summed it up nicely:
  "Tesla's ingenious invention of the polyphase system as well as his explorations of the amazing phenomenon of high frequency oscillations were the basis for developing completely new conditions for industry and radio communications, and had a profound influence upon the whole civilization."
  Philadelphia Experiment | Wireless Electricity | Schumann Resonance|Tesla's Death Ray
  Must Read:Incredible Inventions of Nikola Tesla
  Nikola TeslaNikola Tesla (July 9/July 10, 1856 - January 7, 1943) was a physicist, inventor, and electrical engineer of unusual intellectual brilliance and practical achievement. He was of Serb descent and worked mostly in the United States.
  Tesla is most famous for conceiving the rotating magnetic field principle (1882) and then using it to invent the induction motor together with the accompanying alternating current long-distance electrical transmission system (1888). His patents and theoretical work still form the basis for modern alternating current electric power systems.
  He also developed numerous other electrical and mechanical devices including the fundamental principles and machinery of wireless technology, including the high frequency alternator, the "AND" logic gate and the Tesla coil, as well as other devices such as the bladeless turbine, the spark plug and numerous other inventions.
  Early yearsTesla was born around midnight between July 9th and July 10th, 1856 in the village of Smiljan near Gospic, in the Lika region of the Military Frontier (Krajina) of the Habsburg Monarchy, now in Croatia. His father, the Rev. Milutin Tesla, was a priest in the Serb Orthodox Metropolitanate of Karlovci. His mother, uka Mandi, made home craft tools. Tesla was one of five children, having one brother and three sisters.Tesla went to school in Karlovac (then Austria-Hungary, now Croatia), then studied electrical engineering at the Austria Politechnic in Graz, Austria (1875). While there, he studied the uses of alternating current.
  In 1881 he moved to Budapest to work for the telegraph company, American Telephone Company. On the opening of the telephone exchange in Budapest, 1881, Tesla became the chief electrician to the company, later engineer to the Yugoslav government and the country's first telephone system. He also developed a telephone repeater (or amplifier).
  For a while he stayed in Maribor. He was employed at his first job as an assistant engineer. Tesla suffered a nervous breakdown during this time. In 1882 he moved to Paris to work as an engineer for the Continental Edison Company on designing improvements to electric equipment. In the same year, Tesla conceived the induction motor and began developing various devices that use rotating magnetic fields (for which he received patents in 1888). Tesla hastened from Paris to his mother's side as she lay dying, arriving hours before her death in 1882. After her death, Tesla fell ill. He spent two to three weeks recuperating at home near Gospic.
  Middle yearsIn 1884, leaving the warfare of his birthplace behind, Tesla moved to the United States of America to accept a job with the Edison Company in New York City. He arrived in the US with 4 cents to his name, a book of poetry, and a letter of recommendation from Charles Batchelor, his manager in his previous job.
  Early employmentWhen Tesla first arrived in the United States, he was offered a job by Thomas Edison when the latter saw his letter of recommendation from Charles Batchelor which read simply "I know two great men and you are one of them. This young man is the other".
  Tesla's work for Edison began with simple electrical engineering. Eventually Tesla earned the respect of Edison and offered to undertake a complete re-design of the Edison company's DC dynamos. After Tesla described the nature of the benefits from his proposed modifications, Edison offered him $50,000 if they were successfully completed. Tesla worked nearly a year to redesign them and gave the Edison company several enormously profitable new patents in the process. When Tesla inquired about the $50,000, Edison replied to him, "Tesla, you don't understand our American humor" and reneged on his agreement, offering a raise in Tesla's salary of $10 per week as a compromise - at which rate it would have taken almost 100 years to earn the money Edison had originally promised. Tesla resigned on the spot. In some accounts of the final confrontation, he didn't say a single word to Edison but simply turned his back on the inventor and walked off the premises.
  In 1886, Tesla formed his own company, Tesla Electric Light & Manufacturing. The initial financial investors disagreed with Tesla on his plan for an alternating current motor and eventually relieved him of his duties at the company.
  Tesla worked in New York as a common laborer from 1886 to 1887 to feed himself and raise capital for his next project. In 1887, he constructed the initial brushless alternate-current induction motor, which he demonstrated to the American Institute of Electrical Engineers (now IEEE) in 1888. In the same year, he developed the principles of his Tesla coil and began working with George Westinghouse at Westinghouse's Pittsburgh labs. Westinghouse listened to his ideas for polyphase systems which would allow transmission of AC electricity over large distances.
  ---
  Tesla's generation of electricity resulted in what is known as alternating current, or AC. In alternating current the polarity and strength of the energy is continuously changing or alternating. Prior to Tesla's innovation, the Edison company was promoting direct current, or DC, as a safer way to power both homes and factories. In fact, Edison, despite knowing that Tesla's AC was superior, mounted an ugly publicity stunts designed to discredit Tesla and to save Edison's own financial investment in DC.
  Animals were brutally electrocuted with AC, including an elephant, which were recorded by Edison and shown at public gatherings.
  Edison embarked on a number of propaganda campaigns which attempted to persuade the general public that AC was dangerous. Nicknamed the "death current" by Edison, public demonstrations were staged in which animals were brutally electrocuted with AC, including an elephant, which were recorded by Edison and shown at public gatherings.
  Despite the public's fear of AC, Tesla had the upper hand. Direct current was good only for short distances. The accumulated resistance in metallic wires and cables greatly reduced the electrical power as it traveled through the transmission lines. AC, on the other hand, did not suffer the same loss and was able to travel great distances with little loss of potential.
  Also, because alternating current could react with coils of wire (transformers) to increase or decrease the voltage, electricity could be produced at high power levels at the generation stations and then reduced just prior to being distributed locally. Eventually, Edison lost his battle and alternating current became the electric industry standard. To this day, the three-phase form of Tesla's polyphase system is still used for the generation and transmission of most electricity. Moreover, the conversion of electricity into mechanical power is made possible by updated versions of Tesla's three-phase and split phase motors.
  ---
  X-rays and friendshipsIn April 1887, Tesla began investigating what would later be called X-rays using his own single node vacua tubes (similar to his US514170 patent). This device differed from other early X-ray tubes in that they had no target electrode. The modern term for the phenomena produced from this device is termed the bremsstrahlung process. He also used Crookes tubes.
  On July 30, 1891, he became a naturalized citizen of the United States and established his Houston Street laboratory in New York. He lit vacuum tubes wirelessly in it, providing evidence for the potential of wireless power transmission. Around this time, Tesla developed a close and lasting friendship with Mark Twain. They spent a lot of time together in Tesla's lab and elsewhere. Tesla's closest friends were artists. He also befriended Century Magazine editor Robert Underwood Johnson, who adapted several Serbian poems of Jovan Jovanovi Zmaj (which Tesla translated).
  When he was 36 years old, the first patents concerning the polyphase power system were granted. He continued research of the system and rotating magnetic field principles. By 1892, Tesla became aware of what Wilhelm Rontgen later identified as effects of X-rays. He performed several experiments (including photographing the bones of his hand; later, he sent these images to Rontgen) but didn't make his findings widely known; much of his research was lost in the 1895 Houston Street lab fire.
  Tesla commented on the hazards of working with single node x-ray producing devices, attributing the skin-damage to ozone rather than the radiation: "As to the hurtful actions on the skin... I note that they have been misinterpreted... They are not due to the Roentgen rays, but merely to the ozone generated in contact with the skin. Nitrous acid may also be responsible, but to a small extent." (Tesla, in Electrical Review, 30 November 1895). This is incorrect concerning cathodic x-ray tubes. Tesla later observed an assistant severely "burnt" by x-rays in his lab.
  Wireless and the AIEETesla served as the Vice-President of the American Institute of Electrical Engineers (now part of the IEEE) from 1892 to 1894. From 1893 to 1895, he investigated high frequency alternating currents. He generated AC of one million volts using a conical Tesla coil and investigated the skin effect in conductors, designed tuned circuits, invented a machine for inducing sleep, cordless gas discharge lamps, and transmitted electromagnetic energy without wires, effectively building the first radio transmitter.
  Tesla sitting under the fury of his Tesla Coil
  In St. Louis, Missouri, Tesla made a demonstration related to radio communication (he demonstrated radio energy crossing space (one side of a stage to the other)) in 1893. Addressing the Franklin Institute in Philadelphia, Pennsylvania and the National Electric Light Association, he described and demonstrated in detail its principles. Heinrich Hertz had made such demonstrations, repeatedly, five years previously. Hertz' demonstrations were not public (they were conducted during his physics lectures) but strictly speaking neither were Tesla's (the Franklin Institute didn't open to the general public until 1934).
  Tesla held over forty U.S. patents (circa 1888) covering our entire system of Polyphase Alternating Current (AC). These patents are so novel that nobody could ever challenge them in the courts.
  Tesla's four-tuned circuits (two on the receiving side and two on the transmitting side, secured by U.S. patents #645,576 and #649,621) were the basis of the U.S. Supreme Court decision (Case #369 decided June 21, 1943) to overturn Marconi's basic patent on the invention of radio.
  Alternating-current power transmissionThe Death Ray MachineFluorescent lightsInduction motorPolyphase alternating-current systemRadioRotating magnetic field principleTelephone repeaterTesla coil transformerWireless communicationWorld's Fair ExpositionAt the 1893 World's Fair, the World Columbian Exposition in Chicago, Illinois, an international exposition was held which for the first time devoted a building to electrical exhibits. It was a historic event as Tesla and George Westinghouse introduced visitors to AC power by using it to illuminate the Exposition. In protest, Edison would not allow use of any of his lightbulbs for this event.
  As if lighting the Exposition was not enough, Tesla explained the principles of the rotating magnetic field and induction motor by demonstrating how to make an egg (made of copper) stand on end in his version of the Egg of Columbus.
  War of currentsIn the "War of Currents" era in the late 1880s, Nikola Tesla and Thomas Edison became adversaries due to Edison's promotion of direct current (DC) for electric power distribution over the more efficient alternating current (AC) advocated by Tesla.
  1896-1899When Tesla was 41 years old, he filed the first basic radio patent (No. US645576). A year later, he demonstrated a remote controlled boat to the US military, believing that the military would want things such as radio-guided torpedoes. In 1898 a radio controlled boat was also demonstrated to the public during an electrical exhibition at Madison Square Garden. These devices had an innovative coherer and a series of logic gates. Radio remote control remained a novelty until the Space Age. In the same year, Tesla devised an electric igniter for gasoline engines which was nearly identical to ideas about the same process used by modern internal combustion engines.
  In 1896, according to an interview he gave in 1916, Tesla invented a type of loudspeaker. The sounds were of the quality of the telephones of that time. The invention was never patented nor released publicly (till years later by Tesla himself).
  As a result of the "War of Currents" Edison and Westinghouse were almost bankrupt, so in 1897 Tesla released Westinghouse from contract providing Westinghouse a break from Tesla's AC motor royalties.
  Colorado SpringsMoving in
  In 1899, Tesla decided to move and began research in Colorado Springs, Colorado, where he could have room for his high-voltage high-frequency experiments. He chose this location primarily because of the frequent thunderstorms, the high altitude (where the air, being at a lower pressure, had a lower dielectric breakdown strength, making it easier to ionize), and the dryness of the air (minimizing leakage of electric charge through insulators). Also, the property was free and electric power available from the El Paso Power Company. Today, magnetic intensity charts also show that the ground around his lab possesses a denser magnetic field than the surrounding area. Tesla reached Colorado Springs on May 17, 1899. Upon his arrival he told reporters that he was conducting experiments transmitting signals from Pikes Peak to Paris.
  Tesla kept a diary of his experiments in the Colorado Springs lab where he spent nearly nine months. It consists of 500 pages of handwritten notes and nearly 200 drawings, recorded chronologically between June 1, 1899 and January 7, 1900, as the work occurred, containing explanations of his experiments. He was developing a system for wireless telegraphy, telephony and the transmission of power, experimented with high-voltage electricity and the possibility of wireless transmitting and distributing large amounts of electrical energy over long distances. He also conceived a system for geophysical exploration--seismology--which he called telegeodynamics, based on his reciprocating mechanical oscillator patented in 1894, and explained that a long sequence of small explosions could be used to find ore and create earthquakes large enough to destroy the Earth. He did not experiment with this as he felt there would not be "a desirable outcome".
  Much of what Tesla discovered while in this lab has been lost to history and Tesla's own secrecy. To this very day there is talk of Tesla's Death Ray being invented there as well as communication with other planets. How much of this is true is now unknown, but has made Tesla's time at this remote lab a wellspring for Urban legends about him.
  Laboratory construction
  Tesla, a local contractor, and several assistants commenced the construction of the laboratory shortly after arriving in Colorado Springs. The lab was established on Knob Hill, east of the Colorado School for the Deaf and Blind and one mile (1.6 km) east of downtown. Its primary purposes were experiments with high frequency electricity and other phenomena, and secondary--research into wireless transmission of electrical power.
  Tesla's design of the lab was a building fifty feet by sixty feet (15 by 18 m) with eighty-foot (24 m) ceilings. A one-hundred-forty-two foot (43 m) conducting aerial with a thirty-inch (760 mm) copper-foil-covered wooden ball was erected on the roof. The roof was rolled back to prevent fire from sparks and other dangerous effects of the experiments. The laboratory had sensitive instruments and equipment.
  Magnifying transmitter
  Missing imageTesla_colorado_444px.jpgDouble exposure publicity photo of Tesla sitting in his laboratory in Colorado Springs with his "magnifying transmitter" generating millions of volts of electricity. The arcs are about 22 feet (7 m) long.
  The lab possessed the largest Tesla Coil ever built, fifty-two feet (16 m) in diameter, known as the Magnifying Transmitter (further MT). Not identical to a classic Tesla Coil, it was a three-coil magnifying system requiring different forms of analysis than lumped-constant coupled resonant coils presently described to most. It resonated at a natural quarter wavelength frequency and could work in a continuous-wave mode and in a partially damped-wave resonant mode.
  According to accounts, Tesla used it to transmit tens of thousands of watts of power wirelessly; it could generate millions of volts of electricity and produce lightning bolts more than one-hundred feet (30 m) long. Tesla posted a large fence around it with a sign "Keep Out - Great Danger".
  Tesla became the first man to create electrical effects on the scale of lightning. The MT produced thunder which was heard as far away as Cripple Creek. People near the lab would observe sparks emitting from the ground to their feet and through their shoes. Some have observed electrical sparks from the fire hydrants (Tesla for a time grounded out to the plumbing of the city). The area around the laboratory would glow with a blue corona (similar to St. Elmo's Fire).
  One of Tesla's experiments with the MT destroyed Colorado Springs Electric Company's generator by backfeeding the city's power generators, and blacked out the city. The company denied Tesla further access to the backup generator's feed if he did not repair the primary generator at his own expense; it was working again in a few days.
  Tuned circuits
  Tesla also constructed many smaller resonance transformers and discovered the concept of tuned electrical circuits. He also developed a number of coherers for separating and perceiving electromagnetic waves and designed rotating coherers which he used to detect the unique types of electromagnetic phenomenon he observed. They had a mechanism of geared wheels driven by a coiled spring-drive mechanism which rotated small glass cylinders. These experiments were the final stage of years of work on synchronized tuned electrical circuits.
  These transceivers were constructed to demonstrate how signals could be "tuned in". Tesla logged in his diary on July 3, 1899 that a separate resonance transformer tuned to the same high frequency as a larger high-voltage resonance transformer would transceive energy from the larger coil, acting as a transmitter of wireless energy, which was used to confirm Tesla's patent for radio during later disputes in the courts. These air core high-frequency resonate coils were the predecessors of systems from radio to radar and medical magnetic resonance imaging devices.
  Propagation and resonance
  On July 3, 1899, Tesla discovered terrestrial stationary waves within the earth. He demonstrated that the Earth behaves as a smooth polished conductor and possesses electrical vibrations. He experimented with waves characterized by a lack of vibration at points, between which areas of maximum vibration occur periodically. These standing waves were produced by confining waves within constructed conductive boundaries. Tesla demonstrated that the Earth could respond at predescribed frequencies of electrical vibrations. At this time, Tesla realized that it was possible to transceive power around the globe. A few years later, George Westinghouse stopped funding Tesla's research when Tesla showed him that he could offer free electricity to the whole world by simply "ramming a stick in the earth in your backyard". Westinghouse said he would go bankrupt if that happened.
  Tesla conducted experiments contributing to the understanding of electromagnetic propagation and the Earth's resonance. It is well documented (from various photos from the time) that he lit hundreds of lamps wirelessly at a distance of up to twenty-five miles (40 km). He transmitted signals several kilometres and lit neon tubes conducting through the ground. He researched ways to transmit energy wirelessly over long distances. He transmitted extremely low frequencies through the ground in his experiments and made mathematical calculations and computations based on his experiments and discovered that the resonant frequency of the Earth was approximately 8 Hz (Hertz). In the 1950s, researchers confirmed resonant frequency was in this range (interesting to note, Theta brain waves also cycle in this range).
  Cosmic waves
  In the Colorado Springs lab, Tesla recorded what he concluded were extraterrestrial radio signals and announced his findings in some of the scientific journals of the time. [5] His announcements and data were rejected by the scientific community who did not believe him. He notes measurements of repetitive signals from his receiver which are substantially different from the signals he had noted from storms and earth noise. Specifically, he later recalled that the signals appeared in groups of clicks 1, 2, 3, and 4 clicks together. He stated in the article "A Giant Eye to See Round the World", of February 25, 1923, that:
  "Twenty-two years ago, while experimenting in Colorado with a wireless power plant, I obtained extraordinary experimental evidence of the existence of life on Mars. I had perfected a wireless receiver of extraordinary sensitiveness, far beyond anything known, and I caught signals which I interpreted as meaning 1--2--3--4. I believe the Martians used numbers for communication because numbers are universal."
  Clearly, Tesla felt the signal groups originated on the planet Mars. In 1996 Corum and Corum published an analysis of Jovian plasma torus signals which indicate that there was a correspondence between the setting of Mars at Colorado Springs, and the cessation of signals from Jupiter in the summer of 1899 when Tesla was there. Further, analysis by the Corums indicate that Tesla's transceiver was sensitive in the 18 kHz gap in the Kennelly-Heaviside layer which would have allowed that reception from Jupiter. Therefore, there is evidence the signals Tesla noticed came from Jupiter, among other possible sources. Tesla spent the latter part of his life trying to signal Mars.
  It is important to recognize that when he says he "recorded" these signals, it is meant that he wrote down the data and his impressions of what he had heard. He did release reports at the time. Tesla¹s initial announcement of the existence of extraterrestrial radio signals was in 1899. In March of 1907, Tesla wrote about signaling to Mars in Harvard Magazine and how it was a problem of electrical engineering. Additional descriptions come from remembrances twenty years later. All this was met with resistance and disbelief by his contemporaries.
  Colorado departure
  Tesla left Colorado Springs on January 7, 1900. The lab was torn down, broken up, and its contents sold to pay debts. The Colorado experiments prepared Tesla for his next project, the establishment of a wireless power transmission facility that would be known as Wardenclyffe. On March 21, 1900, Tesla was granted US685012 patent for the means for increasing the intensity of electrical oscillations.
  WardenclyffeMain article: Wardenclyffe TowerIn 1900, with $150,000 (51%) from J. Pierpont Morgan, Tesla began planning the Wardenclyffe Tower facility. In June 1902, Tesla's lab operations were moved to Wardenclyffe from Houston Street.
  Among the various application of the 700-plus patents accumulated by Tesla, the most controversial today is his Wardenclyffe Tower. The tower was billed as the start of a global system for wireless telecommunications but was also intended by Tesla as a demonstration of wireless electrical power distribution. In 1903, upon hearing of Tesla's plans for wireless power transmission, Morgan refused any more funding to support the Wardenclyffe Tower project. The tower was finally dismantled for scrap during wartime. Newspapers of the time labeled Wardenclyffe "Tesla's million-dollar folly."
  Source:http://www.crystalinks.com/tesla.html
  Wireless Electricity Of Nikola Teslaby Melvin D. Saunders
  If a single one-megaton nuclear warhead were exploded 300 miles over the center of the country, a high-voltage electromagnetic pulse would in theory disrupt communication and electrical systems all over the continental U.S. Gamma rays emitted by such an explosion would instantly strip away the electrons from air molecules in the upper atmosphere in roughly a circular, pancake-shaped zone. The free electrons would then accelerate radially with the earth's magnetic field, separating from the heavier, positively charged ions and creating a downward directed high-voltage electromagnetic pulse. This in turn results in electrical surges in all exposed conductors on the ground.
  When Nikola Tesla discovered alternating current (AC) electricity, he had great difficulty convincing men of his time to believe in it. Thomas Edison was in favor of direct current (DC) electricity and opposed AC electricity strenuously. Tesla eventually sold his rights to his alternating current patents to George Westinghouse for $1,000,000. After paying off his investors, Tesla spent his remaining funds on his other inventions and culminated his efforts in a major breakthrough in 1899 at Colorado Springs by transmitting 100 million volts of high-frequency electric power wirelessly over a distance of 26 miles at which he lit up a bank of 200 light bulbs and ran one electric motor! With this souped up version of his Tesla coil, Tesla claimed that only 5% of the transmitted energy was lost in the process. But broke of funds again, he looked for investors to back his project of broadcasting electric power in almost unlimited amounts to any point on the globe. The method he would use to produce this wireless power was to employ the earth's own resonance with its specific vibrational frequency to conduct AC electricity via a large electric oscillator. When J.P. Morgan agreed to underwrite Tesla's project, a strange structure was begun and almost completed near Wardenclyffe in Long Island, N.Y. Looking like a huge lattice-like, wooden oil derrick with a mushroom cap, it had a total height of 200 feet. Then suddenly, Morgan withdrew his support to the project in 1906, and eventually the structure was dynamited and brought down in 1917.
  ........A Tesla coil is a special transformer that can take the 110 volt electricity from your house and convert it rapidly to a great deal of high-voltage, high-frequency, low-amperage power. The high-frequency output of even a small Tesla coil can light up fluorescent tubes held several feet away without any wire connections. Even a large number of spent or discarded fluorescent tubes (their burned out cathodes are irrelevant) will light up if hung near a long wire running from a Tesla coil while using less than 100 watts drawn by the coil itself when plugged into an electrical outlet! Since the Tesla coil steps up the voltage to such a high degree, the alternating oscillations achieve sufficient excitations within the tubes of gases to produce lighting at a minimal expense of original power! Fluorescent tubes can be held under high-tension wires to produce the same lighting up effect. Remember the farmer a few years ago who was caught with an adaptive transformer under a set of high tension lines that ran over his property? Through the air, he pulled down all the power he needed to run his farm without using any connecting apparatus to the lines overhead! Any electrical engineer with the proper materials can do the same thing.
  ........Incandescent bulbs burn high resistance filaments that gobble up energy. Fluorescent tubes burn filaments (cathodes) to create an electrical flow that sets their internal phosphorus coatings aglow. Using a Tesla coil, high voltage AC can light up glass-enclosed vacuum bulbs coolly without any gases inside them at all! Any number of cold light bulbs can be lit using only one Tesla coil, and since there is nothing inside them to burn out, they can last indefinitely. It seems like a low cost form of street lighting, doesn't it?
  ........When Tesla was determining the resonant frequencies of the earth to potentially transmit unlimited electric power, he also recognized frequencies that acted as a damping field to nullify electric power. With the advent of the wireless and Tesla's unique investigations into broadcasting electricity, a dozen or more inventors thereafter announced their own means for transmitting electrical energy without wires. One British inventor, H. Grindell-Matthews, actually demonstrated his "mystery ray" apparatus in 1924 to a Popular Science Monthly writer in London (See: Pop. Sci. Monthly, Aug. 1924, P. 33). When his beam was directed toward the magneto system of a gasoline engine, it stopped the system. Afterwards, it ignited gun powder, lit an electric lamp bulb from a distance and killed a mouse in seconds! Grindell-Matthews said the secret was involved with the "carrier beam" he used to conduct a high-voltage, low-frequency electrical current. During 1936, Guglielmo Marconi experimented with extremely low frequency (ELF) waves and displayed their exceptional ability to penetrate metallic shielding. These waves could affect electrical devices, overload circuits and cause machines like generators, electric motors and automobiles to stall. Diesel engines, which do not rely on electrical ignition, were not affected. Mysteriously, Marconi's research on the subject was never found after the war.
  ........The above subject is just one of the many creative alternatives mentioned in the new manual, Creative Alternatives For A Changing World offered by:Creative Alternatives, P.O. Box 250, Palmdale, FL 33944 - USA
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  Schumann Resonance
  Between the nearly perfectly conducting terrestrial surface and ionosphere, a resonating cavity is formed. Broadband electromagnetic impulses, like those from lightning flashes, fill this cavity, and create globally the so-called Schumann resonances at frequencies 5 - 50 Hz (Schumann, 1952; Bliokh et al., 1980; Sentman, 1987). The nominal average frequencies observed are 7.8, 14, 20, 26, 33, 39, and 45 Hz with slight diurnal variation (the three first lines can be seen in the figure displaying data from northern Finland, the Kilpisj¤rvi station). It has been suggested that the intensity of these lines could be used to monitor the global lightning activity, especially after the local time modulation by changes in D region height has been removed (e.g., Sentman and Fraser, 1991).
  Note that the ionospheric Alfv(C)n resonator -related spectral resonance structures (SRS) are formed due to the lightnings, and cover partly the same frequency range. In the figure here only the two first SRS lines are clearly visible. Finally, the strong spike in the figure just below 17 Hz is due to the Swedish railroads!
  Standard magnetometers are not able to measure the Schumann resonances, and even the search coil (i.e., pulsation) magnetometers are most often sampled at about 0.1 Hz that does not allow such studies. Special equipment are thus needed. That also holds true if one wants to study lightning activity with Schumann resonances in other planetary systems: this might work at least for Venus and Jupiter!
  The Schumann Resonance: a set of peaks in the ELF portion of the Earth's electromagnetic field spectrum. ELF - Extremely Low Frequencies (or ELF) refers to a band of radio frequencies from 3 Hz to 300 Hz. ELF is used by the US Navy to communicate with submerged submarines. The extremely high electrical conductivity of seawater shields submarines from most electromagnetic communications. Signals in the ELF frequency range, however, can penetrate much more deeply. The low transmission rate of most ELF communications limits their use as communications channels; generally an ELF signal serves to request that a submarine surface and initiate some other form of contact. One of the difficulties posed when broadcasting in the ELF frequency range is antenna size. In order to transmit internationally using ELF frequencies, an extremely large antenna is required. The US maintains two sites, in Wisconsin and Michigan. Both sites use long power lines as antennae, in multiple strands ranging from 14 to 28 miles long. Considerable amounts of power are generated and emitted by ELF, and there have been some concerns over the possible ecological impact of such signals
  The electromagnetic field (EMF) is composed of two related vectorial fields, the electric field and the magnetic field. This means that the vectors (E and B) that characterize the field each have a value defined at each point of space and time. If only E, the electric field, is nonzero and is constant in time, the field is said to be an electrostatic field.
  The electromagnetic field generates a force F on a charged particle, given by the Lorentz equation where q is the charge of the particle, and v is its current velocity (expressed as a vector.) The behavior of electromagnetic fields can be described with Maxwell's equations, and their quantum basis by quantum electrodynamics.
  Scientists believe that the Schumann resonance is due to the space between the surface of the Earth and the ionosphere acting as a resonant cavity that is then excited by energy from lightning strikes. A resonant cavity is a cavity in which standing waves can be built up. It is used in lasers. The lowest-frequency (and highest-intensity) mode of the Schumann resonance is at a frequency of approximately 7.8 Hz. The phenomenon is named after W. O. Schumann, who predicted this phenomenon in the 1950s, and helped detect its existence.
  The ionosphere is the part of the atmosphere that is ionized by solar radiation, and too tenuous to be cooled by contact with other air. It forms the inner edge of the magnetosphere and has practical importance because it reflects radio waves to distant places on Earth. The ionosphere is generally recognized to have three, sometimes four layers. The D layer is the innermost layer, and mostly absorbs radio waves. The E layer is the middle layer. The F layer combines into one layer at night, but in sunlight divides into two layers, the F1 and F2. The F layers are responsible for most skywave propagation of radio, and are thickest and most reflective of radio on the side of the Earth facing the sun. Scientists explore the structure of the ionosphere by bouncing radio waves of different frequencies from it, and using special receivers to detect how the reflected waves have changed from the transmitted waves.
  Schumann Resonance & Zero PointDecember 1999 -By Gregg Bradon
  Changes are occurring on the physical, emotions, mental, and spiritual levels.
  Ancient prophecies predicted it. Indigenous traditions honor it. Changes within the Earth are affecting your sleep patterns, relationships, the ability to regulate your immune system and your perception of time.
  You are living a process of initiation that was demonstrated over 2,000 years ago, preparing you to accept tremendous change within your body. That change is happening now.
  Migraine headaches, tiredness electrical sensations in the limbs and spinal column Cramps in the muscular networks Flu like symptoms Intense dreams.
  These could all be caused by the changes taking place on Earth now!
  The human body will become more sensitive as a result of the new vibrations. The resonance of Earth (Schumann Resonance) has been 7.8Hz for thousands of years.
  Since 1980 it has risen to over 12Hz.
  This means that 16 hours now equate to a 24 hour day.
  Time appears to be speeding up!
  The physical body has already begun to change. A new light body is being created. Our DNA is being re-programmed from the Universe(as predicted in the Mayan Prophecy).
  We are going from 2 strand back to 12 strand DNA. Greater intuitive and healing abilities will emerge.
  As the Earth's magnetic field drops, the bio-energetic systems of the living organisms of Earth are likewise responding, thus, altering any previous entrainments that they may have had due to their resonance with the Earth's field.
  Our "auras" are cleaning out! This means that, correspondingly, there is a proportional increase in the "strength of the electrical component." Our thoughts have more punch! Quite simply, as our field clears, our power goes up!
  This is saying that quite naturally, in response to the Earth Changes, our emotional shields are loosening up-- we are actually meshing with each other's more and more; and our intentions are getting stronger-- our thoughts are reaching out even farther than ever before; and so, there is much less of a buffer zone, or less delay time, between our "Intentionality" and its "Actuality by a Universal-Source" in our usual interactions with this world and those in it.
  This is being noticed all around us, for example, in the increased reports of such things as effectual prayer, spontaneous remissions and spiritual-energy healings, and in the increased general use of "intentional manifestation" or "co-creation" skills as advocated by proponents of "abundance affirmation," "guided visualization," etc... and also in the synchronistic happenings that are occurring more and more frequently to many people.
  Gregg Braden tells of the scientific proof of the Earth passing through the Photon Belt and the slowing of the Earth's rotation.
  At the same time there is an increase in the resonant frequency of the Earth (Schumann Resonance). When the Earth stops its rotation and the resonance frequency reaches 13 cycles we will be at a zero point magnetic field. The Earth will be stopped, and in 2 or 3 days it will start turning again in the opposite direction. This will produce a reversal in the magnetic fields around the earth and so forth.
  Geophysical Condition #1: Earth's Rising Base Frequency: Earth's background base frequency, or "heartbeat," - called Schumann Resonance, or SR - is rising dramatically.
  Though it varies among geographical regions, for decades the overall measurement was 7.8 cycles per second.
  This was once thought to be a constant; global military communications developed on this frequency.
  Recent reports set the rate at over 11 cycles,and climbing. Science doesn't know why, or what to make of it.
  Gregg Braden found data collected by Norwegian and Russian researchers on this; it's not widely reported in the U.S. (The only reference to SR to be found in the Seattle Library reference section, is tied to the weather.
  Science acknowledges SR as a sensitive indicator of temperature variations and worldwide weather conditions. Braden believes the fluctuating SR may be a factor in the severe storms, floods, and weather of recent years.)
  Geophysical Condition #2: Earth's Diminishing Magnetic Field
  While earth's "pulse" rate is rising, her magnetic field strength, on the other hand, is declining.
  According to Professor Bannerjee of the University of New Mexico, the field has lost up to half its intensity in the last 4,000 years.
  Because a forerunner of magnetic polar reversals is this field strength, Prof. Bannerjee believes that another reversal is due. Braden believes that because these cyclical Shifts are associated with reversals, Earth's geological record indicating magnetic reversals also marks previous Shifts in history.
  Within the enormous time scale represented, there were quite a few of them.
  What is a Schumann Resonance?
  The Earth behaves like an enormous electric circuit. The atmosphere is actually a weak conductor and if there were no sources of charge, its existing electric charge would diffuse away in about 10 minutes.
  There is a 'cavity 'defined by the surface of the Earth and the inner edge of the ionosphere 55 kilometers up.
  At any moment, the total charge residing in this cavity is 500,000 Coulombs. There is a vertical current flow between the ground and the ionosphere of 1 - 3 x 10^-12 Amperes per square meter.
  The resistance of the atmosphere is 200 Ohms. The voltage potential is 200,000 Volts. There are about 1000 lightning storms at any given moment worldwide.
  Each produces .5 to 1 Ampere and these collectively account for the measured current flow in the Earth's 'electromagnetic' cavity.
  The Schumann Resonances are quasi standing wave electromagnetic waves that exist in this cavity. Like waves on a spring, they are not present all the time, but have to be 'excited' to be observed. They are not caused by anything internal to the Earth, its crust or its core.
  They seem to be related to electrical activity in the atmosphere, particularly during times of intense lightning activity. They occur at several frequencies between 6 and 50 cycles per second; specifically 7.8, 14, 20, 26, 33, 39 and 45 Hertz, with a daily variation of about +/- 0 .5 Hertz. So long as the properties of Earth's electromagnetic cavity remains about the same, these frequencies remain the same.
  Presumably there is somechange due to the solar sunspot cycle as the Earth's ionosphere changes in response to the 11-year cycle of solar activity.Schumann resonances are most easily seen between 2000 and 2200 UT.
  Given that the earth's atmosphere carries a charge, a current and a voltage, it is not surprising to find such electromagnetic waves.
  The resonant properties of this terrestrial cavity were first predicted by the German physicist W. O. Schumann between 1952 and 1957, and first detected by Schumann and Konig in 1954.
  The first spectral representation of this phenomenon was prepared by Balser and Wagner in 1960. Much of the research in the last 20 years has been conducted by the Department of the Navy who investigate Extremely Low Frequency communication with submarines.
  1. Time will appear to speed up as we approach Zero Point. A 24 hour day will seem to about 16 hours or less. Remember the Schumann Resonance (or "heart beat" of Mother Earth) has been 7.8 cycles for thousands of years, but has been rising since 1980. It is at about 12 cycles at present. It stops at 13 cycles.
  2. Zero Point or the Shift of the Ages has been predicted by ancient peoples for thousands of years. There have been many shifts including the one that always occurs every 13,000 years at each half ofthe 26,000 year, Procession of the Equinox.
  3. Zero Point or a flip of the magnetic poles will probably happen soon, within the next few years. It could possibly synchronise with the Earth's four cycle biorhythm that occurs every 20 years on the 12th of August. The next occurance is 12th August 2003. The Philadelphia Experiment and Montauk Project (secret military time travelling) both locked up to the 12th August/20 year biorhythm.
  4. It is said that after Zero Point the Sun will rise in the west and set in the east, approx. Past occurances of this change have been found in ancient records.
  5. Interestingly, the New World Order plan to be in power by 2003. This may or may not happen, depending on many factors and agendas. Stay centred and follow your intuition.
  6. The Zero Point flip will probably introduce us to the 4th dimension. Here, everything we think or desire will instantly manifest. This includes love and fear. Our INTENTION will be of utmost importance.
  7. Most technology that we know will cease to operate. Possible exceptions could be technology based on so called "Zero Point" or free energy.
  8. Our physical body is changing as we approach Zero Point. Our DNA is being "upgraded" to 12 strand. A new light body is being created. We are becoming more intuitive.
  9. The Mayan Calendar predicted all the changes that are occuring now. They say we are going beyond technology and back to the natural cycles of nature and the Universe. By 2012 we will have entered the 5th Dimension (after the flip to the 4th Dimension at Zero Point).
  10. All this information is not fearful. Be prepared for changes that will bring in the new age of light. We are going beyond money and time where fear based concepts are totally dissolved.
  Related LinksFamous Scientists
Nikola Tesla: Calling All Freethinkers! Part Two
  Link to Article
  Archived Version
  Source: Veterans Today
  Mon, 24 Jun 2013 01:56
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  Had humanity been allowed to pursue Nikola Tesla's Aether technology as Tesla envisioned, we might not be on the brink of martial law in America, and WWIII wouldn't be breathing down our necks. The Power Status Quo (PSQ) are very heavy breathers with death on their breath.
  Speaking of breath'...President Woodrow Wilson surely spoke under his breath when he talked about the tiny elite club that dominates humanity'--or as Wilson called them in the following quote, the ''power somewhere'':
  ''Since I entered politics, I have chiefly had men's views confided to me privately. Some of the biggest men in the U.S., in the field of commerce and manufacturing, are afraid of somebody, are afraid of something. They know that there is a power somewhere so organized, so subtle, so watchful, so interlocked, so complete, so pervasive, that they had better not speak above their breath when they speak in condemnation of it.'' [1]
  That's them, the PSQ, Wilson's '''...power somewhere so organized, so subtle, so watchful, so interlocked, so complete, so pervasive'....'' Apparently, for any PSQ member, sanctity and preservation of their power is all that matters. Anything threatening the PSQ's power is an enemy; Tesla still epitomizes threat to the PSQ seventy years after he was eliminated, physically.
  The way a nation treats its freethinkers is a reliable portrayal of the nation's future. And the way a nation's elite respond to geniuses like Nikola Tesla, independent inventors who put humanity and nature above profit'--that's the ultimate portent of whether a nation grows toward freedom, or tyranny'...toward the stars, or underground. The PSQ's reaction to Tesla seems a guarantee of Orwellian nightmares. 1984 might be in the rearview mirror, but ''The Party's'' (PSQ's) war on independent thought remains in the headlights.
  Globalist New-World-Order tyranny aims to smother rich diversity of Earth's almost two hundred ''sovereign nations'' with a single world blanket sopping with inhumanity. Tesla showed us how humanity might go the other way by giving us the key to unlocking the PSQ's prison doors; ever since the PSQ have tried to sepulcher the key in a psychopathic force field. But no matter how many Einsteinian and Michelson-Morley [2] kinds of charades they play, the PSQ will never smother the Aether'--except for ''officially''.
  Disinformation and misinformation about Tesla can seem limitless. Rarely is truth mingled with things people hear about Tesla, especially when it comes to his masterpiece'--that competition the PSQ can't bury, buy out, monopolize or destroy.
  Tesla is celebrated for invention of, or fundamental contributions to: lasers and other phenomena of light; robotics; radio; X-rays; remote control; polyphase alternating current (AC) and induction motors and more'.... Topping the popular list are Tesla's more than forty patents covering the entire system of ''polyphase'' AC that powers civilization. But Tesla's masterpiece remains forbidden technology, at least publicly (black-ops taxpayer black holes are invisible beneath the event horizon). Tesla's Aether technology and broadcast electricity remain among the PSQ's mortal enemies, and their flair for disinformation approaches zenith in what they have done to ''Tesla's Coil'' (not to be confused with the ''Tesla Coil'').
  The AC Albatross Around Tesla's Neck The PSQ will not let Tesla's AC wizardry wash off; it's a virtual tattoo that helps the PSQ con the public into believing that ''Tesla's Coil'' is simply a high-frequency AC toy for making bitchin' sparks. The PSQ's lap dog, Wikipedia, claims: ''Today their main use is for entertainment and educational displays.'' For the ''Tesla Coil'', the PSQ's impostor, that statement is true, same as Wikipedia's, ''It is used to produce high-voltage, low-current, high frequency alternating-current electricity.'' Problem is, that is precisely what ''Tesla's Coil'' is NOT used for. Any time you read the term ''current'', or ''high frequency alternating current'' or anything involving flow of electrons, you are not reading about ''Tesla's Coil'', a zero-current invention, but its neutered caricature, the ''Tesla Coil''. Tesla's decoupling of voltage and current with ''Tesla's Coil'''...isolation of pure voltage from flow of electrons'--that's Tesla magic.
  Tesla strived to eliminate sparks from ''Tesla's Coil''. Sparks are lossy instabilities that impede distant broadcast effects, keeping a ''Tesla's Coil'' from being a true Tesla Transmitter.
  The PSQ jumped all over sparks, corrupting the ''Tesla Coil'' into a generator of exactly what Tesla sought to eliminate from ''Tesla's Coil''. They also abuse the term ''high frequency'', which in AC terminology means alternations per second. Regarding ''Tesla's Coil'', frequency means impulses per second, something entirely different than alternations. PSQ virtuosity in the Art of Confusion is mind boggling, literally.
  By the latter 1880s, Tesla had essentially abandoned the AC waveform in favor of what he called, '''...the true electricity''. Tesla's patents exclusively used terminology regarding electrical impulse. He remained free of AC, but ''officially'', the AC albatross around Tesla's neck is permanent.
  Transverse electromagnetic waves (AC) [3] anchor humanity to tyranny; Tesla's ''non-Hertzian'', longitudinal waves [4] could set humanity free. Why else would the PSQ try so hard to bind Tesla to AC? ''Establishment'' science also denies Tesla freedom from his AC wizardry. Tesla's masterpiece is a real pain in the dogma.
  Tesla's introduction to phenomena he dedicated most of the second half of his life to came during his brief employment by Thomas Edison.
  Before Tesla's Polyphase AC replaced Edison's direct-current (DC) power distribution system, electricity was delivered to consumers by a web of transmission lines infested with ''pumping stations'' to help keep the current flowing. Another method of fighting transmission-line resistance and forcing current farther than a few city blocks was to crank very high the voltage from generating plants. When switches were thrown, blasting transmission lines with extreme voltage right off the generators, something strange and even deadly happened in the instant before current (electrons) flowed in the lines, something engineers and DC linesmen called ''the blue spike phenomena''. Blue and purple spikes accompanied by stinging and shocking pressure sensations radiated from the power lines. Engineers, and especially linesmen who had seen fellow workmen killed by the phenomena, saw the spikes as a problem to be eliminated. Tesla saw amazing elevations of electrostatic potential that were quenched when electrons started flowing'--saw a potential new breed of electricity to investigate, perhaps even harness.
  So began a love affair between humanity and the Cosmos, wide-open to transcendence, but because of the human element, begging for a villain'....
  Tesla seduced from the Cosmos innermost electrical secrets, reproducing precursor dynamics of blue spike phenomena by using a dynamo and capacitors to blast a thin wire with high-powered impulses, reproducing the radiant, stinging pressure effect. Tesla discovered the radiance could pass through glass, copper shielding, Faraday cages'...there was no way to block what Tesla now believed was purely an electrical effect.
  Tesla progressed to using a magnetic spark gap that allowed unidirectional DC impulses of increasing power and much higher impulse frequency'...leading to his decoupling of voltage from current. He almost had the Aether in his hands.
  The Internet still offers intricate truth about development of ''Tesla's Coil''. For example: [5] [6] [7] [8] [9].
  In 1892, Tesla published a paper titled: ''The Dissipation of Electricity''.
  Virtually the entire scientific establishment seemed unable to comprehend Tesla's breakthrough, blundering into thinking Tesla referred to high-frequency AC (that albatross) in his explanation of what he called his new ''transformer'' (here called ''Tesla's Coil''). Unlike in a standard transformer, AC electromagnetic field induction was not involved. ''Tesla's Coil'' blazed a new domain of physics, accomplishing release of kinetic radiant electricity from the Aether through abrupt discharges of electrostatic potentials.
  Tesla's ''dynamic electrostatic forces'' violated accepted theories of physics. Establishment ''fizzixs'' (fi$$ixs) [10] embarked on a heavily-funded and contrived fit, arguing that Tesla's ''effect'' was impossible, insisting that he revise his claims.
  ''See The Excitement Coming!''
  Tesla said that in completion of his lecture on: ''The Dissipation of Electricity''.
  After discovering Radiant Electricity in 1889, Tesla theorized that it was bound up with the Aether. Disruptions in equilibrium of the Aether with instantaneous unidirectional DC pulses could release Radiant Electricity. He spent much of the rest of the 1890s confirming and developing this theory in his New York laboratories, then expanding to Colorado Springs for large-scale experiments. Using his ''magnifying transformer'' and its 52-foot ''Tesla's Coil'' capable of outputting millions of volts, Tesla found he could send pulses of electricity that spanned the planet and reflected back with virtually no loss. In Tesla's own words:
  ''That communication without wires to any point on the globe is practical with such apparatus would need no demonstration, but through a discovery which I made I obtained absolute certitude. Popularly explained, it is exactly this: When we raise the voce and hear an echo in reply, we know that the sound of the voice must have reached a distant wall, or boundary, and must have been reflected from the same. Exactly as the sound, so an electrical wave is reflected, and the same evidence which is afforded by an echo is offered by an electrical phenomenon known as a 'stationary' wave '' that is, a wave with fixed nodal and ventral regions. Instead of sending sound vibrations toward a distant wall, I have sent electrical vibrations toward the remote boundaries of the Earth, and instead of the wall the Earth has replied. In place of an echo I have obtained a stationary electrical wave, a wave reflected from afar.''
  And Tesla wrote:
  ''That electrical energy can be economically transmitted without wires to any terrestrial distance, I have unmistakably established in numerous observations, experiments and measurements, qualitative and quantitative. These have demonstrated that it is practicable to distribute power from a central plant in unlimited amounts, with a loss not exceeding a small fraction of one percent in the transmission, even to the greatest distance, 12,000 miles '' to the opposite end of the globe.''
  He was ready to so elegantly make electricity available anywhere on Earth, one needed only to push into the ground a simple resonant receiver. Tesla's potential masterstroke at Shoreham, Long Island, NY, was perhaps humanity's most important project of all time'....
  Wardenclyffe
  Imagine a human, driven by sheer humanitarian motives (friendship, loyalty, trust, gratitude'...), tearing up a contract potentially worth billions of dollars'...c'est la vie. Tesla did exactly that'--tore up his contract with Westinghouse covering Tesla's perpetual royalties on power produced at the Niagra Falls generating plant. Tragic consequences for the future of humanity were yet to be understood.
  Today, such humanitarianism would be labeled insanity. The PSQ used it to twist Tesla into everything from a ''bad businessman'' to a neurotic basket case. Tesla was an ''extreme sensitive'', a genius ahead of his time. One man offering humanity such treasures seems unfathomable. Rest assured, the PSQ is right on top of never letting that happen again.
  His waiving of royalties to help Westinghouse meant that Tesla would have to stoop to J.P. Morgan for main funding of Wardenclyffe. Re-enter the ''villain''of our love story. [11]
  Tesla told Morgan that Wardenclyffe would transmit ''intelligence'' globally. Morgan allegedly assumed that Tesla was referring to radio transmission.
  An interesting aspect about Tesla's use of the term, ''intelligence'''...his mass-free ''cold electricity'' (Aether) from an optimized ''Tesla's Coil'' has a room-filling cool-breeze effect accompanied by significant elevation of human consciousness. Mental clarity, concentration, perception and comprehension'--human intelligence in general is boosted by concentrated Aether. Among most any government's greatest fears is higher intelligence among the public, a threat to spare no expense fighting. For example, how would a government with perceptive, intelligent and even free-thinking citizens in crucial numbers'...how would a government significantly challenged by an intelligent citizenry ever get away with a 9/11?
  Americans confirm rousing success of the federal government's program of dumbing-down citizens'--perhaps the most successful federal program in the history of the republic. It takes a lot of time and money and honey to groom the public into believing authority instead of reality, believing official lies instead of their own eyes.
  ''Tesla's Coil'' was already a mortal threat to the PSQ'--enhanced public awareness and intelligence to boot demands SWAT (special weapons and tactics) counterattacks.
  The PSQ SWAT teams earn their grub. The ''Tesla Coil'''--zombie stand-in turning humanity's crowning technological achievement into a toy for mesmerizing the child in all of us with ever bigger, badder, bitchin'er SPARKS! Now that's SWAT.
  The PSQ is shrewd, clever, conniving, vicious'...not dumb, simply lacking humanity. Tesla decoupled voltage from electrons. The PSQ represent humans decoupled from conscience'--experts at decoupling humans from science and filling them with mythology'....
  Construction began at Wardenclyffe in 1901. Morgan anted $150,000 (multiple millions in today's dollar), 51% of initial funding. Inadequate funding plagued the project. Equipment alone would cost more than $200,000'--but at least Wardenclyffe was taking off. Hideously, it's flight plan involved a PSQ-greased slide from a pinnacle of human achievement'...to what the PSQ's newspapers would idiotically label, ''Tesla's million-dollar folly''.
  In 1902 what was popularly called ''Tesla's Tower'' reached its full height of 187 feet. Tesla moved his laboratory operations from Houston Street in NYC, to Wardenclyffe.
  On October 14, 1904, Morgan finally responded to Tesla's scores of unanswered request for more funding by pulling plug on Wardenclyffe. In 1917, US Marines seized ''Tesla's Tower'' because of fears that German spies could be lurking around it, and it could possibly be used by German submarines as a landmark. The tower was dynamited, and sold for scrap.
  Modern Tesla mythology wallows in Morgan learning halfway through the project of Wardenclyffe's wireless global transmission of power, then balking over profit concerns.
  Was Morgan really that ignorant of Wardenclyffe? Morgan became Rothschild's main man in America not through ignorance, but awareness and cunning, shrewd psychopathic focus on profit for the boss at whatever cost to humanity.
  A more realistic scenario has Morgan decently aware of Wardenclyffe's purpose. Initial funding was a certain insurance premium on a policy for controlling Tesla. If Tesla was a free spirit with funds for new research, tycoon fortunes from choicest monopolies were not safe. Tesla had rendered the whole DC power distribution system obsolete virtually overnight. What in hell might he discover next? $150,000 plunked down to minimize PSQ exposure to Tesla's technological and humanitarian mischief, a good policy considering how long Tesla was controlled.
  Ill-equipped to understand much truth that might squeak through PSQ defenses, the public was curried into thinking Wardenclyffe was a giant tower for spraying the world with energy. People could see Hollywood all over it: '''...the sucker's gigantic! Good football field tall'--and that top thing'...like some dinosaur mushroom'...or something.'' The public might have felt let down if they heard the tower was actually a collector for absorbing Aether and shedding electrons in opposed cycles. Aether flowing down through the tower would be shunted into the station for pulse-rate manipulations in preparation for rebroadcast into the Earth by Tesla's amazing quarter-wave antenna beneath the tower'--an antenna effectively fifty miles long.
  Wardenclyffe was so far over most people's heads that, with the right SWAT, Tesla's masterstroke would be chained to a legacy of ''folly''. At least three years before Wardenclyffe's tower was demolished, Tesla was already well down the road to being an ''unperson''.
  What Tesla Could've Prevented ''No matter what we attempt to do, no matter to what fields we turn our efforts, we are dependent on power. We have to evolve means of obtaining energy from stores which are forever inexhaustible, to perfect methods which do not imply consumption and waste of any material whatever. If we use fuel to get our power, we are living on our capital and exhausting it rapidly. This method is barbarous and wantonly wasteful and will have to be stopped in the interest of coming generations.'' '-- Nikola Tesla
  Current increasing awareness of Tesla, while promising, seems largely at the mercy of the PSQ's obsession with ''fixing'' the Internet. Information can be very powerful'--especially accurate information so important and so suppressed for so long before finally finding the right minds.
  The PSQ's lavish use of SWAT to suppress Tesla is a transparent testament to his genius. A crucial question: Does humanity have the intelligence to realize how much the PSQ's naked suppression actually honors Tesla's achievements? As people become more aware that Tesla offers humanity freedom from PSQ tyranny, it seems important to consider: If humanity had embraced Tesla appropriately, he could have saved us from, or at least minimized, many entrenched horrors. Like so many aspects of Tesla, his timing was cosmic.
  Nikola Tesla was born on July 10, 1856, in what is now Croatia.
  About three years later, August 8, 1859, Colonel Edwin Drake drilled the world's first successful oil well near Titusville, Pennsylvania.
  The hydrocarbon age is a catastrophe fouling ever more profoundly the future of life on Earth. The PSQ's energy monopoly has led to extreme consolidation of wealth into what George Bush the 1st, spokesman extraordinaire for inhumanity, calls, '''...higher, tighter and righter hands.'' In humanitarian terms, that translates into Satanic hands. Fossil fuels' empowerment of psychopaths plagues humanity with perpetual war, genocide, debt slavery, vast poverty, environmental devastation and pillaging of the future. Fossil fuels are essential to the PSQ's inhuman domination of humanity.
  Tesla could cure the cancer of fossil fuels metastasizing through every aspect of life on Earth. Replacing the hydrocarbon age with the Aether age might mean humanity's deliverance, a nightmare for the PSQ.
  Rothschild bankstering outlined the PSQ's hydrocarbon ascent as continuation of an ancient plan. Today only three of the world's ''sovereign'' nations remain free of Rothschild-controlled central banking: Cuba, Iran, North Korea. America's strain of Rothschild infection is called the Federal Reserve System, an insidious disease apparently fatal.
  Banks excel at war. Some might say that in war there are no winners, only losers. That is overwhelmingly true, if you don't count banks. War is not the meat and potatoes of banks, more like the meat and bread: finance industrial military complexes, all sides; concoct the politics to pit nation against nation and kill each other amid banker-maneuvered conflicts; finance all combatants, then butter bread with reconstruction'...repeat cycle'....
  Monopolies on fossil energy, money and war'...such is the tripod supporting imminent and absolute PSQ ownership of planet Earth. Every grain of sand, drop of water, every breath. With legs so solid on the PSQ's three-legged stool of tyranny, the PSQ is solidly enthroned.
  But'...if humanity can take out one leg we may have a chance at crashing the PSQ's tripod. For a leader we have arguably the greatest human ever born: Nikola Tesla. He put Aether in our hands. If humanity can elevate into freely developing energy from Aether, thereby breaking the energy leg, we might fall the PSQ's stool.
  Meanwhile, the PSQ pummels us with killer body shots. Hydraulic fracturing'...ripping fossil fuels from stone hidey holes with biocidal ''fracking''. It appears that the PSQ will not rest until everything is fracked-up. But duck and cover! ''Fracking'' doesn't bottom us out as fiercely as burning tar for energy. The PSQ is bulldozing humanity into a tar pit for possibly the most humiliating destiny any allegedly ''intelligent'' species has ever inflicted upon themselves and the ability of their home to support any species above cockroaches.
  Aether verus Tar
  Tesla awarded us with access to immaculate energy of the Cosmos.
  So the PSQ is turning pristine Canadian boreal forest vital to biospheric health into hell on Earth, using enormous fossil energies to steam from semi-solid bitumen deposits what some call ''Alberta Death Ooze''. A ''DilBit'' disaster may be coming soon to a town near you. [12]
  For an ''Aether-wise'' civilization to be so diseased as to burn tar for energy'...talk about a Satanic assault on humanity. SWAT on steroids.
  We must be approaching limits to how diseased humanity can become and still survive.
  In the third and final part:
  '-- we are the problem and the solution '-- intrepid Tesla disciples we must protect from the PSQ '-- history of new-energy invention suppression '-- Keystone ''X-Hell'' '-- Fukushima '-- Wardenclyffe revisited '-- modern warfare obsolete? '-- eyes on the future '-- conclusion
  References:
  [1] http://rationalwiki.org/wiki/Woodrow_Wilson
  [2] http://www.cellularuniverse.org/AA2MM_Aether.htm
  [3] http://www2.cose.isu.edu/~hackmart/waves100.PDF
  [4] http://www.physicsclassroom.com/mmedia/waves/lw.cfm
  [5] http://pesn.com/2011/04/19/9501813_Tesla_Coils_Unleash_Aether/
  [6] http://pesn.com/2012/01/27/9602024_Aether_Flow''The_True_Electric_Current/
  [7] http://customers.hbci.com/~wenonah/new/tesla.htm [8] http://fuel-efficient-vehicles.org/energy-news/?page_id=481
  [9] http://johnbedini.net/john34/Radiant1.htm
  [10] http://www.infinite-energy.com/iemagazine/issue48/teslaandtheaether.pdf
  [11] http://arcanumdeepsecrets.wordpress.com/2010/06/12/free-energy-from-tesla%E2%80%99s-wireless-electricity-an-instant-solution-to-the-planetary-energy-%E2%80%98crisis%E2%80%99/
  [12] http://insideclimatenews.org/topic/exxon-dilbit-spill-2013
  Rand Clifford lives in Spokane, Washington. His novels, CASTLING, TIMING, Priest Lake Cathedral, and many earlier essays are published by StarChief Press. Contact for Rand Clifford: randoc@live.com
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