20101219
Ten questions science must answer
BP Sued in Ecuadorian Court for Violating Rights of Nature
Vandana Shiva: "This morning we filed in the constitutional court of Ecuador this lawsuit defending the rights of nature, in particular the right of the Gulf of Mexico and the sea, which has been violated by the BP oil spill. We see this as a test case of the rights of nature enshrined in the constitution of Ecuador, which is why it’s about universal jurisdiction, beyond the boundaries of Ecuador, because nature has rights everywhere."<Click the title to watch the video.>
U.S. Government Seizes 82 Websites: A Glimpse at the Draconian Future of Copyright Enforcement?
Setting aside the due process concerns inherent in seizing any website without notice or appropriate recourse for the owner, it appears that the "raid" has swept up several sites that are hardly in the business of willful copyright infringement. For example, the the list of targets included OnSmash.com and RapGodfathers.com. Both sites are dedicated to promoting rap and hiphop, showcasing new artists and helping fans connect and share information about the music they love. According to the owners, they regularly and expeditiously process copyright infringement notices and take down links as appropriate. Indeed, OnSmash says the labels themselves are often the source of the links OnSmash makes available. In other words, they try to play by the rules. Moreover, the sites are not simply collections of links; rather, they provide a wide array of information and forums for speech, all of which was rendered inaccessible by the seizure.
This type of seizure is not unprecedented, but we haven’t seen it happen on such a broad scale before. This kind of mass action raises at least three concerns:
First, these seizures may be just a short preview of the kind of overreaching enforcement we’ll see if the Congress passes the Combating Online Infringement and Counterfeits Act (COICA). That bill, which was approved by the Senate Judiciary Committee on Nov 18, gives the government dramatic new copyright enforcement powers, in particular the ability to make entire websites disappear from the Internet if infringement, or even links to infringement, are deemed to be "central" to the purpose of the site. Rather than just targeting files that actually infringe copyright law, COICA’s "nuclear-option" design has the government blacklisting entire sites out of the domain name system — a reckless scheme that will undermine global Internet infrastructure and censor legitimate online speech. As we’ve noted, one of the most pernicious effects of COICA is likely to be just what we’ve seen here: the takedown of legitimate speech.
Second, the seizures also show why this kind of enforcement doesn’t work; seized sites were available at other domain names within hours. If the United States government increases interference in critical DNS infrastructure to police alleged copyright infringement, it is very likely that a large percentage of the Internet will shift to alternative DNS mechanisms that are located outside the US. This will cause numerous problems — including new network security issues, as a large percentage of the population moves to encrypted offshore DNS to escape the censoring effects of the procedures outlined in COICA. Presumably the DOJ and the DHS should be committed to improving network security — not undermining it.
Third, it’s hard to believe that this kind of action is the best use of the Department of Homeland Security’s resources. What investigations didn’t occur while the DHS spent its time and energy pursuing the agenda of large media companies? Moreover, it’s highly unlikely that this publicity stunt will really help creators get compensated. The best way to help artists of every stripe get compensated for their work is to make sure that there is a thriving marketplace of innovative digital businesses to pay them — business like OnSmash, which is committed to promoting new and unheralded artists.
We hope the legislators considering COICA will take a hard look at these issues before they vote. In the meantime, government officials should take an equally hard look at their enforcement priorities before they spend more of our tax dollars chasing websites.
Exclusive: TSA frisks groom children to cooperate with sex predators, abuse expert says
An expert in the fight against child sexual abuse is raising the alarm about a technique the TSA is reportedly using to get children to co-operate with airport pat-downs: calling it a "game".
Ken Wooden, founder of Child Lures Prevention, says the TSA's recommendation that children be told the pat-down is a "game" is potentially putting children in danger.
Telling a child that they are engaging in a game is "one of the most common ways" that sexual predators use to convince children to engage in inappropriate contact, Wooden told Raw Story.
Children "don't have the sophistication" to distinguish between a pat-down carried out by an airport security officer and an assault by a sexual predator, he said.
The TSA policy could "desensitize children to inappropriate touch and ultimately make it easier for sexual offenders to prey on our children," Wooden added.
Addressing the controversy over pat-downs of children last month, TSA regional security director James Marchand told the press the TSA was working on new practices to make children more comfortable during the pat-down process.
"You try to make it as best you can for that child to come through. If you can come up with some kind of a game to play with a child, it makes it a lot easier," said Marchand, promising to make it part of TSA training.Wooden, who has testified before Congress on child safety issues on numerous occasions, says he was told by a TSA agent that the practice has been used.
"How can experts working at the TSA be so incredibly misinformed and misguided to suggest that full body pat downs for children be portrayed as a game?" Wooden asked in an email. "To do so is completely contrary to what we in the sexual abuse prevention field have been trying to accomplish for the past thirty years."
He added: "This policy is also incredibly insensitive to the countless victims who have already been traumatized by unwanted touching in their lives and could be re-traumatized by such pat-downs."
On Tuesday, TSA administrator John Pistole said the agency may change its screening rules for victims of sex abuse. He also said the TSA had no plans to continue expanding the airport screening process.
"I think we are at the most thorough that we will probably be in terms of our physical screening," he announced.
Close the Washington Monument
A heavily edited version of this essay appeared in The New York Daily News.
Securing the Washington Monument from terrorism has turned out to be a surprisingly difficult job. The concrete fence around the building protects it from attacking vehicles, but there's no visually appealing way to house the airport-level security mechanisms the National Park Service has decided are a must for visitors. It is considering several options, but I think we should close the monument entirely. Let it stand, empty and inaccessible, as a monument to our fears.
An empty Washington Monument would serve as a constant reminder to those on Capitol Hill that they are afraid of the terrorists and what they could do. They're afraid that by speaking honestly about the impossibility of attaining absolute security or the inevitability of terrorism -- or that some American ideals are worth maintaining even in the face of adversity -- they will be branded as "soft on terror." And they're afraid that Americans would vote them out of office if another attack occurred. Perhaps they're right, but what has happened to leaders who aren't afraid? What has happened to "the only thing we have to fear is fear itself"?
An empty Washington Monument would symbolize our lawmakers' inability to take that kind of stand -- and their inability to truly lead.
Some of them call terrorism an "existential threat" against our nation. It's not. Even the events of 9/11, as horrific as they were, didn't make an existential dent in our nation. Automobile-related fatalities -- at 42,000 per year, more deaths each month, on average, than 9/11 -- aren't, either. It's our reaction to terrorism that threatens our nation, not terrorism itself. The empty monument would symbolize the empty rhetoric of those leaders who preach fear and then use that fear for their own political ends.
The day after Umar Farouk Abdulmutallab failed to blow up a Northwest jet with a bomb hidden in his underwear, Homeland Security Secretary Janet Napolitano said "The system worked." I agreed. Plane lands safely, terrorist in custody, nobody injured except the terrorist. Seems like a working system to me. The empty monument would represent the politicians and press who pilloried her for her comment, and Napolitano herself, for backing down.
The empty monument would symbolize our war on the unexpected, -- our overreaction to anything different or unusual -- our harassment of photographers, and our probing of airline passengers. It would symbolize our "show me your papers" society, rife with ID checks and security cameras. As long as we're willing to sacrifice essential liberties for a little temporary safety, we should keep the Washington Monument empty.
Terrorism isn't a crime against people or property. It's a crime against our minds, using the death of innocents and destruction of property to make us fearful. Terrorists use the media to magnify their actions and further spread fear. And when we react out of fear, when we change our policy to make our country less open, the terrorists succeed -- even if their attacks fail. But when we refuse to be terrorized, when we're indomitable in the face of terror, the terrorists fail -- even if their attacks succeed.
We can reopen the monument when every foiled or failed terrorist plot causes us to praise our security, instead of redoubling it. When the occasional terrorist attack succeeds, as it inevitably will, we accept it, as we accept the murder rate and automobile-related death rate; and redouble our efforts to remain a free and open society.
The grand reopening of the Washington Monument will not occur when we've won the war on terror, because that will never happen. It won't even occur when we've defeated al Qaeda. Militant Islamic terrorism has fractured into small, elusive groups. We can reopen the Washington Monument when we've defeated our fears, when we've come to accept that placing safety above all other virtues cedes too much power to government and that liberty is worth the risks, and that the price of freedom is accepting the possibility of crime.
I would proudly climb to the top of a monument to those ideals.
New York Daily News Version
Securing the Washington Monument from terrorism has turned out to be a surprisingly difficult job. The concrete fence around the building protects it from attacking vehicles, but there's no visually appealing way to house the airport-level security mechanisms the National Park Service has decided are a must for visitors. It is considering several options. Four would require a belowground entrance to the monument; the fifth would create an aboveground pavilion. All would detract from the clean lines a visitor sees on the current approach.Instead of any of these, I think we should close the monument entirely. Let it stand, empty and inaccessible, as a monument to our fears.
The Statue of Liberty has been the center of similar security discussions. It was closed entirely after 9/11; then, Liberty Island was reopened, but there was no access to the statue itself. It wasn't until last year that visitors were again allowed to climb to the crown.
An empty Washington Monument would serve as a constant reminder to those on Capitol Hill that they are afraid of the terrorists and what they could do. They're afraid that by speaking honestly about the impossibility of attaining absolute security or the inevitability of terrorism - or that some American ideals are worth maintaining even in the face of adversity - they will be branded as "soft on terror." And they're afraid that Americans would vote them out of office if another attack occurred.
An empty Washington Monument would symbolize our lawmakers' inability to truly lead.
Some of them call terrorism an "existential threat" to our nation. It's not. Automobile-related fatalities - at 42,000 a year, more deaths each month, on average, than 9/11 - aren't, either. It's our reaction to terrorism that threatens America, not terrorism itself.
The day after Umar Farouk Abdulmutallab tried to blow up a Northwest jet with a bomb hidden in his underwear, Homeland Security Secretary Janet Napolitano said, "The system worked." I agreed. Plane lands safely, terrorist in custody, nobody injured except the terrorist: Seems like a working system to me. But politicians and journalists pilloried her for the comment (conservative critic Michelle Malkin, for example, showed Napolitano with a Photoshopped clown nose), and Napolitano backed down.
The empty monument would symbolize our war on the unexpected, our harassment of photographers and our probing of airline passengers. It would symbolize our "show me your papers" society, rife with ID checks and security cameras. As long as we're willing to sacrifice liberties for temporary safety, we should keep the Washington Monument empty.
Terrorism is, foremost, a crime against our minds, using the death of innocents and destruction of property to make us fearful. And when we react out of fear, when we change our policy to make our country less open, the terrorists succeed - even if their attacks fail. But when we're indomitable in the face of terror, the terrorists fail - even if their attacks succeed.
We can reopen the monument when every foiled or failed terrorist plot causes us to praise our security, instead of redoubling it. When the occasional terrorist attack succeeds, as it inevitably will, we must fight to remain an open society. Like Israel, we must learn to mourn, move on and rebuild.
The grand reopening of the Washington Monument will not occur when we've won the war on terror, because that will never happen. It won't even occur when we've defeated Al Qaeda: Militant Islamic terrorism has fractured into small, elusive groups. We can reopen the Washington Monument when we've defeated our fears, when we've come to accept that placing safety above all other virtues cedes too much power to government and that liberty is worth the risks.
I would proudly climb to the top of a monument to these ideals.
Tea Party Nation President Says It ‘Makes A Lot Of Sense’ To Restrict Voting Only To Property Owners
Every week, the Tea Party Nation hosts a weekly radio program, calling itself a “home for conservatives.” Two weeks ago, Tea Party Nation President Judson Phillips hosted the program and discussed changes that he felt should be made to voting rights in the United States. He explained that the founders of the country originally put “certain restrictions on who gets the right to vote.” He continued, “One of those was you had to be a property owner. And that makes a lot of sense, because if you’re a property owner you actually have a vested stake in the community. If you’re not a property owner, you know, I’m sorry but property owners have a little bit more of a vested interest in the community than non-property owners”:
PHILLIPS: The Founding Fathers originally said, they put certain restrictions on who gets the right to vote. It wasn’t you were just a citizen and you got to vote. Some of the restrictions, you know, you obviously would not think about today. But one of those was you had to be a property owner. And that makes a lot of sense, because if you’re a property owner you actually have a vested stake in the community. If you’re not a property owner, you know, I’m sorry but property owners have a little bit more of a vested interest in the community than non-property owners.
Unfortunately, numerous major conservatives have advocated for rolling back the voting rights of Americans. Supreme Court justice Anthony Scalia, Gov. Rick Perry (R-TX), Rep. Paul Broun (R-GA), and Sen.-elect Mike Lee (R-UT) have all advocated for repealing the 17th Amendment, which would end direct election of U.S. Senators and return Senate elections to the purview of state legislatures. (H/T: Tea Party Nationalism)
POLICE STATE - TSA, Homeland Security & Tampa Police Set Up Nazi Checkpoints At Bus Stations
<What's next, before you drive your car? your bicycle? walking down the street? There is no stopping point. The term Police State is not used lightly.>
20101218
Mixed Blessing?
I read about an Eskimo hunter who asked the local missionary priest, ‘If I did not know about God and sin, would I go to hell?’ ‘No,’ said the priest, ‘not if you did not know.’ ‘Then why,’ asked the Eskimo earnestly, ‘did you tell me?’– Annie Dillard, Pilgrim at Tinker Creek, 1974
Government proposes to scrap need for scientific advice on drugs policy
Amendment removes requirement to appoint at least six scientists to Advisory Council on the Misuse of Drugs
Ministers will not be required to seek the advice of scientists when making drug classification policy in future, under new government proposals.
The police reform and social responsibility bill, published last week, contains an amendment to the constitution of the Advisory Council on the Misuse of Drugs (ACMD) that would remove the requirement on the home secretary to appoint at least six scientists to the committee.
A further amendment to the Misuse of Drugs Act 1971 would allow the home secretary to place temporary controls on substances for a year by statutory instrument.
The proposals will be of concern to the many doctors and scientists who have criticised the government's treatment of scientific evidence in the wake of the sacking, last year, of ACMD chairman David Nutt. The then home secretary, Alan Johnson, removed Nutt from the post after the scientist criticised politicians for distorting research evidence and claiming alcohol and tobacco were more harmful than some illegal drugs, including LSD, ecstasy and cannabis.
At present, the ACMD is required to have a membership that includes representatives of medicine, dentistry, veterinary medicine and pharmacy, the pharmaceutical industry, and chemistry. It is also meant to include people with expertise on the social problems connected with the misuse of drugs.
"The government is ill-advised to hack away at science advisory structures," said Evan Harris, former Lib Dem MP and campaigner for evidence-based policy. "The solution to the poor relationship scientists and Home Office ministers have had is for both to follow their codes of practice, not for ministers to seek to abolish science advisers."
Imran Khan, director of the Campaign for Science and Engineering, said: "It's incredible that the government are trying to take us back to the time of 'Minister knows best'. Scrapping the need for expertise on the drugs advice is not only bad science, but it's also terrible politics."
He added that the status of the ACMD was still a raw nerve for the scientific community – six of its members resigned last year in protest after Nutt was sacked. "The Home Office would be hard-pressed to find a worse fight to pick with the science community," he said.
Crime reduction minister James Brokenshire said: "Scientific advice is absolutely critical to the government's approach to drugs and any suggestion that we are moving away from it is absolutely not true.
"Removing the requirement on the home secretary to appoint to the Advisory Council on the Misuse of Drugs at least one person with experience in six specific areas will allow us greater flexibility in the expertise we are able to draw on.
"We want the ACMD to be adapted to best address the challenges posed by the accelerating pace of challenges in the drugs landscape."
After David Nutt was removed, scientists called on the government to guarantee that any advice they offered to help make policy would remain free from political interference. More than 20 academics drafted guidelines that they said "would enhance confidence in the scientific advisory system and help government to secure essential advice".
The guidelines argued that "disagreement with government policy and the public articulation and discussion of relevant evidence and issues by members of advisory committees can not be grounds for criticism or dismissal."
Leonor Sierra of Sense about Science, which helped to publish the independent guidelines, said: "We are rather surprised that instead of improving on the scientific constitution of the advisory council to deal with any shortcomings in the original legislation this bill proposes doing away altogether with the requirement for scientists. Given the recent history, the government really needs to explain how it will maintain objective clarity around evaluation of substances, particularly new substances, in the face of sensationalist or knee-jerk debates."
Harris said the 1971 Misuse of Drugs Act was ahead of its time in embedding expert and scientific advice into policymaking. "In the forty years since then the need for good evidence to inform policy has increased, yet the government seem to want to go back to a pre-scientific era in policy terms."
Earlier this year, the ACMD members who resigned after David Nutt's sacking launched their own independent committee to provide definitive scientific advice on the risks of drugs. The Independent Scientific Committee on Drugs includes scientists, drug-treatment professionals and representatives from the police. It is committed to assess, in public, the evidence on the relative risks and harms of drugs without regard to political sensitivities.
De Young draws the line on sketching
Pop quiz: Did those transgressions include a patron sketching an image of an admired artwork? On paper, in pencil?
Welcome to the strange world of the Fine Arts Museums of San Francisco, where there's a ban on sketching in special exhibitions such as the wonderful "Van Gogh, Gauguin, Cézanne and Beyond" now at the M.H. de Young Memorial Museum.
The de Young's not the only museum with such a Pecksniffian prohibition, but it's the exception rather than the rule. An exception that mocks the way that art is transmitted from one generation of believers to the next, and mocks the stature of museums within our cultural landscape.
The post-Impressionist treasures are on loan from the Musée D'Orsay, a Paris institution that, for the record, assures us on its website that "freehand pencil sketches" are allowed. But during the months the artwork resides within Golden Gate Park, "sketching, photography, videotaping, and cell-phone cameras are not allowed," according to the de Young's website.
Nor is this one of those rules that exists only in cyberspace. I wasn't packing graphite during my visit, since stick figures are as artistic as I get. But I know at least two people who were and, when they stood or sat quietly trying to render hints of the magic around them, were told not to draw in their (small) notepads.
While the de Young does allow sketching and photography in the permanent collections, the special exhibition curbs apparently have existed for years - a defensive posture that puts it in the company of the Art Institute of Chicago and the Philadelphia Museum of Art. But most institutions that I checked with have no such edict in place.
Pencils are allowed in all nooks of New York's Museum of Modern Art, for instance, and the Museum of Fine Arts in Boston only concerns itself with serious replication (as in, "you must obtain a written permit to copy using oils or acrylics, and/or to use an easel"). San Francisco Museum of Modern Art? As long as you don't use a pen, you're fine.
Heck, the Berkeley Art Museum goes so far as to have pencils available at the counter where you buy your ticket.
At the J. Paul Getty Museum in Los Angeles, Clare Kunny of the education department was surprised I even called to ask.
"This is something we highly encourage," Kunny said. "It's an age-old tradition."
Bingo.
The person who pauses at a painting like Paul Cezanne's "Gustave Geffroy" and sketches a personal response isn't guilty of copyright infringement, an absurd justification for intervention that security guards are known to use. They seek comprehension through emulation, as artists have throughout time.
This sort of person is far less of a distraction than the museum-sanctioned flocks of gallery-skimmers wearing headsets that transmit $7 "audio tours" - people who ricochet from one numbered destination to the next, waiting to be told what to see.
But the headset hordes are revenue generators, so they're allowed. The main concern with sketching in special exhibitions seems to be a pragmatic question of crowd control. Museum directors want blockbusters, galleries stuffed with ticket-buyers and once you enter the gift shop, you can't retrace your steps.
This attitude is especially galling at the de Young because it is a public, city-owned institution in a public park.
Nor is it a stony, fenced fortress: One of the many things I like about the redone de Young is the generosity of the architecture by Herzog & de Meuron and the surrounding landscape by Walter Hood. The design pulls the park into the folds of the building, drapes sculptures and play space around it; large portions of the ground floor are ticket-free, as is the observation tower.
Yes, you buy a ticket to cross certain lines. But the sense is that of a communal space where we can explore the intersections of art and society, art and self-discovery, art and personal expression.
The implicit message: We aren't just consumers or drones. Unless, of course, a special exhibition hits town. Then, you'd better hope the painting that inspires you also inspired a gift shop postcard.
Explosive-laden Calif. home to be destroyed
By JULIE WATSON
Prosecutors say Serbian-born George Jakubec quietly packed the home with the largest amount of homemade explosives ever found in one location in the U.S. and was running a virtual bomb-making factory in his suburban neighborhood. How the alleged bank robber obtained the chemicals and what he planned to do with them remain mysteries.
Now authorities face the risky task of getting rid of the explosives. The property is so dangerous and volatile that that they have no choice but to burn the home to the ground this week in a highly controlled operation involving dozens of firefighters, scientists and hazardous material and pollution experts.
Authorities went into the home after Jakubec was arrested, but encountered a maze of floor-to-ceiling junk and explosives that included 13 unfinished shrapnel grenades.
Bomb experts pulled out about nine pounds of explosive material and detonated it, but they soon realized it was too dangerous to continue given the quantity of hazardous substances. A bomb-disposing robot was ruled out because of the obstacle of all the junk Jakubec hoarded.
That left only one option — burn the home down.
San Marcos Fire Chief Todd Newman acknowledges it is no small feat: Authorities have never dealt with destroying such a large quantity of dangerous material in the middle of a populated area, bordered by a busy eight-lane freeway.
"This is a truly unknown situation," said Neal Langerman, the top scientist at the safety consulting firm, Advanced Chemical Safety in San Diego. "They've got a very good inventory of what's in there. Do I anticipate something going wrong? No. But even in a controlled burn, things occasionally go wrong."
He said the burning of the house would provide "an amazing textbook study" for bomb technicians in the future.
San Diego County authorities plan to burn the home Wednesday but need near perfect weather, with no rain, no fog, and only light winds blowing toward the east, away from the city. They have warned residents in the danger zone that they will be given less than 24 hours notice to evacuate their homes for a day, and that nearby Interstate 15, connecting the area to San Diego, will be closed.
Gov. Arnold Schwarzenegger has declared a state of emergency, and hospitals will be on standby in case there is a rash of people getting sick, Newman said.
Some 40 experts on bombs and hazardous material from across the country and at least eight national laboratories are working on the preparations.
They have analyzed wind patterns to ensure the smoke will not float over homes beyond the scores that will be evacuated. They have studied how fast the chemicals can become neutralized under heat expected to reach 1800 degrees and estimate that could happen within 30 minutes, which means most of the toxins will not even escape the burning home, Newman said.
The county has installed 18 sensors that will measure the amount of chemicals in the smoke and send the data every two minutes to computers monitored by the fire and hazardous material departments.
Experts also have mapped how far the plume will travel and predict it will not go beyond Interstate 15. They calculate that if there is an explosion, it would probably throw the debris only about 60 feet.
"It certainly would not be a detonation that would level a neighborhood," Newman said.
Crews are clearing brush, wood fences and other debris that could cause the blaze to spread beyond the property in a region hit by wildfires in recent years. They also are building a 16-foot-high fire-resistant wall with a metal frame between the property and the nearest home, which will be coated with a fire-resistant gel.
Firefighters, who will remain 300 feet away, are placing hose lines in the front and back yards and will have a remote-controlled hose aimed at the nearest neighbor's home. Ambulances also will be parked nearby.
The Sheriff's Bomb Squad will ignite the fire remotely with a sequenced series of incendiary devices, Newman said.
Air pollution control experts have installed a portable weather station on a nearby fire station that will tell them immediately when the weather shifts, while authorities observe the burn from helicopters overhead.
Afterward, officials will monitor the air and groundwater for toxins. Hazardous material crews will be brought in to remove the top layer of dirt on the half-acre property, possibly digging down as much as 6 inches.
"It'll be a tedious process that will probably take a long time," Newman said.
It also will be expensive, he said, although no one knows yet how much the price tag could run or who will pay for it. They could not be reached for comment.
Prosecutors said the chemicals in the house include hexamethylene triperoxide diamine (HMTD), erythritol tetranitrate (ETN), and pentaerythitol tetranitrate (PETN), which was used in the 2001 airliner shoe-bombing attempt. The home has been declared a public nuisance and therefore the county does not have to reimburse the owners, who were renting the house to Jakubec.
Authorities also found a grenade mold, a bag with pieces of metal, a jar with ball bearings, three wireless doorbells with remotes, molds of human faces, handguns and a blue Escondido police shirt, among other items, according to court records.
Jakubec, who is being held without bail, pleaded not guilty Monday to eight federal charges related to making destructive devices and robbing three local banks.
The federal grand jury alleges that Jakubec made nine detonators and 13 grenade hulls containing high explosives. They were discovered in the home after a gardener was injured in November in a blast that occurred when he stepped on chemical residue in the backyard, authorities said. Mario Garcia, 49, suffered eye, chest and arm injuries.
Little is known about Jakubec, a 54-year-old unemployed software consultant. His estranged wife has told the San Diego Union-Tribune that he became increasingly unstable since losing his job several years ago.
His attorney, Michael Berg, told reporters outside the courthouse Monday that his client "is anxious to tell his side of the story" but now was not the right time. Berg said Jakubec wants to apologize to anyone who will be adversely affected by the destruction of the house and that he is upset he and his wife will lose everything inside the home.
Neighbors say the couple did not draw attention.
Since the incident, Patti Harrison has stared at the home on the knoll in front of her own and wondered what went through Jakubec's mind.
"When I saw those pictures at the meeting with authorities I thought 'oh my goodness, that's just crazy,'" she said.
Harrison and her husband bought their home in 1974, when it was surrounded by avocado groves. She is grateful that they have home insurance. For the evacuation, she plans to close the windows and pack her family's important records and treasured items.
"I've decided because God protected us all this time when we did not know what was there, that he will do the same now," she said.
She said she is praying for the best: "I would like all the homes to be here when they're done."
Espionage Act makes felons of us all
Dear Americans: If you are not "authorized" personnel, but you have read, written about, commented upon, tweeted, spread links by "liking" on Facebook, shared by email, or otherwise discussed "classified" information disclosed from WikiLeaks, you could be implicated for crimes under the U.S. Espionage Act -- or so warns a legal expert who said the U.S. Espionage Act could make "felons of us all."
As the U.S. Justice Department works on a legal case against WikiLeak's Julian Assange for his role in helping publish 250,000 classified U.S. diplomatic cables, authorities are leaning toward charging Assange with spying under the Espionage Act of 1917. Legal experts warn that if there is an indictment under the Espionage Act, then any citizen who has discussed or accessed "classified" information can be arrested on "national security" grounds.
According to the Act, anyone "having unauthorized possession of, access to....information relating to the national defense, or information relating to the national defense" which "could be used to the injury of the United States or to the advantage of any foreign nation" and "willfully retains" that information, can be fined or imprisoned "not more than ten years, or both."
Benjamin Wittes, who specializes in legal affairs, blogged, "By its terms, it criminalizes not merely the disclosure of national defense information by organizations such as Wikileaks, but also the reporting on that information by countless news organizations. It also criminalizes all casual discussions of such disclosures by persons not authorized to receive them to other persons not authorized to receive them-in other words, all tweets sending around those countless news stories, all blogging on them, and all dinner party conversations about their contents. Taken at its word, the Espionage Act makes felons of us all."
This may be why the State Department has warned certain people not to read or to discuss WikiLeak content on social media -- not unless they wished to be considered a security risk. CNN reported that "unauthorized federal workers and contractors have been warned not to attempt to read the classified documents on WikiLeaks." According to the recently hacked Gawker, an anonymous tip revealed that the U.S. military warned soldiers not to read "about the Wikileaks disclosures-or read coverage of them in mainstream news sites." Even students at Columbia University that might wish to be hired by the State Department were warned not to comment upon or post links to the WikiLeak cables.
Although Cablegate and the leaked secret cables might be embarrassing for the government, Wittes noted that the majority of them don't contain information that directly relates to "national defense." The Espionage Act does not "cover the overwhelming bulk of the material that Wikileaks disclosed," he stated.
A recent report from the Congressional Research Service (CRS) suggests that there may be sufficient legal precedent to keep the news media from being held liable. The EFF stated, in an effort to oppose online censorship, that the CRS is a "must read" for anyone who reports on, mirrors or hosts the U.S. diplomatic cables published by WikiLeaks. "Hopefully, this information will help counter much of the fear that our government's so-called 'war' against Wikileaks has generated."
20101216
Legal challenge to police 'kettling'
Leading the challenge is Bethany Shiner, daughter of a high-profile human rights lawyer, who was kettled during tuition fee protests last week.
Ms Shiner is launching proceedings against the Commissioner of the Metropolitan Police after being detained on Thursday in Trafalgar Square.
She is the 23-year-old elder daughter of Public Interest Lawyers (PIL) solicitor Phil Shiner. Ms Shiner and four sixth-form students, one of whom is a minor, are seeking a ruling that the use of kettling "as a standard response to protests" is unlawful.
They complain they were detained for hours in sub-zero temperatures and not released until 7pm. Birmingham-based PIL is applying for judicial review on their behalf, saying their treatment was "a matter of serious concern". Mr Shiner said: "Because I was in London I was able to advise Bethany and get her sorted so that she could eventually get out of the kettle."
The concern was that the Metropolitan Police "are now using kettling as a stock response to all public protests and appear to have authorised kettling in advance of this particular protest".
He said: "The police are required to have a range of lawful responses to different scenarios and not just resort to the most coercive tactics at the first sign of trouble. The policy on kettling needs to be stuck down."
Ms Shiner said: "I was with a group of young people who behaved at all times perfectly properly and lawfully. We then found ourselves kettled in sub-zero temperatures. I managed to get out only because I went to the rescue of a young man who had a head wound after being hit with a police baton. It is outrageous that the police should resort to such tactics against all protesters, most of whom were acting peacefully."
PIL has written to the Commissioner warning they will argue in court that the police are using kettling in a way that involves multiple breaches of the European Convention on Human Rights. These include a breach of Article 5 - the right not to be unlawfully detained; Article 10 - the right to freedom of expression; and Article 11 - the right to freedom of assembly.
At the heart of the challenge are allegations that, on Thursday, the police knew in advance all about the protest. They had previously used kettling on other recent occasions, including against student protesters in London on November 24, and appeared now to be using it as a standard response to public protests.
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Robert Steinback is deputy editor of the Southern Poverty Law Center's Intelligence Report magazine and Hatewatch blog. Prior to joining SPLC, he worked for 24 years at The Miami Herald as a reporter, editor and columnist.