Monday, March 4, 2013

Will an Empty Marlins Park Create Backlash Against Sports Stadium Subsidies?

Marc Edelman
Marc Edelman, Contributor
http://www.forbes.com/sites/marcedelman/2013/02/21/will-an-empty-marlins-park-create-backlash-against-sports-stadium-subsidies/

SportsMoney

2/21/2013 @ 9:34AM |8,351 views

Will an Empty Marlins Park Create Backlash Against Sports Stadium Subsidies?


Marlins Park, Miami
Five years later, the public funding for Marlins Park remains a source of controversy (Photo credit: @mikepick)
Five years ago today, the thirteen commissioners of Miami-Dade County approved a plan to spend $347 million in taxpayer money to build a new 37,000 seat retractable-roof ballpark for the Miami Marlins.
The decision has not gone well.
At the time, some legal scholars criticized the Marlins stadium plan for using taxpayer money to benefit the team’s private owner, Jeffrey Loria.   The plan was also challenged in court on state constitutional grounds by a private citizen and former NFL owner, Norman Braman.
Nevertheless, neither public outcry nor legal challenge was able to overturn the county’s decision to publicly fund Marlins Park in conjunction with a broader project to revitalize Little Havana.  And, even though the judge in Norman Braman’s case described the stadium funding plan as a “sweetheart deal,” the court still upheld the funding package because it found that “great deference should be shown to legislative findings of public purpose.”
Thus, ultimately the new Marlins Park opened last year — on April 4, 2012.
* * *
Last week, the new Marlins Park was back in the news as a source of controversy when one of the team’s beat reporters, Joe Copozzi, posted on Twitter a picture that showed just four fans waiting for single-game tickets on the day Marlins tickets went on sale.
Marlins Park Tour-35.jpg
Will Marlins Park look like this during the 2013 season after team owners drastically cut player payroll?   (Photo credit: mrlaugh)
So much for the “public purpose” argument!
The recent decline in fan interest in Marlins baseball can perhaps be traced to team ownership’s recent decision to drastically lower player payroll from $108 Million to nearly$35 Million – even despite ownership’s repeated insinuations that the team would maintain a much higher payroll after moving in to their new stadium.
It makes sense that some fans have lost interest.  If Marlins ownership is not going to invest in their ball club, why should the fans?
But, then again, the Marlins already have their new stadium.  So, the lease doesn’t leave the county with much legal recourse.  It’s not as if the county can order Jeffrey Loria to keep the team’s star players.
* * *
Of course, publicly funded sports stadiums are nothing new to baseball.
As any informed baseball fan knows, stadium subsidies date at least as far back as March 1953 when Boston Braves owner Lou Perini agreed to move his team from Beantown to Milwaukee in exchange for a new stadium.  By the late 1960s, most Baseball clubs had come to expect similar subsidies – using the threat of moving to a different market as a way to ensure public aid.  Even today, most baseball teams outside of the largest and most desirable markets (i.e. New York, Boston, San Francisco) enjoy some public funding.
Nevertheless,  even with many baseball teams enjoying some subsidies, Miami-Dade County’s stadium deal stands alone among critics.
The Marlins stadium deal is such an easy target because in no other case has the recipient of huge subsidies so brazenly turned around and slashed team payroll to lowest in the league.  Furthermore, the Marlins stadium agreement only required the team to pay nearly a third of the building costs, while it awarded Marlins ownership 100% of stadium-related revenues — not exactly what sounds like an equal partnership.
* * *
A sign for Pharmaceutical company Pfizer is di...
If Marlins ownership does not invest in its team after receiving their subsidized stadium, the backlash could resemble that which Pfizer faced after closing its plant that was located immediately south of land taken by the City of New London via eminent domain. (Image credit: AFP/Getty Images via @daylife)
After the most recent Marlins debacle, it is unclear whether any backlash will arise on a broad scale against sports stadium subsidies.
Perhaps, the Marlins stadium situation will serve as a tipping point, making communities rethink the definition of “public use” in the context of taxing and spending.  Indeed, it was the Supreme Court’s 2005 decision in Kelo v. City of New London that allowed the City of New London to take private property to build office and retail space immediately north of a Pfizer research facility – a facility that  Pfizer thereafter sold  – that has led some legal scholars to push for curtailment of how “public purpose” is interpreted in the area of eminent domain.
Then again, it is also possible that the fear of a community losing its baseball team is so great that cities will continue to publicly fund stadiums without placing any new obligations on the recipient owners.
Major League Baseball is a collective monopoly, with nearly complete control over where teams locate.  It is difficult to fight back against a monopoly — even if you are a public municipality.

Two And A Half Minute Video Explains How The Ability To Sell Stuff You Legally Purchased Is At Risk

from the you've-been-owned dept

As we wait patiently for the Supreme Court to decide the Kirtsaeng case, concerning whether or not you can resell goods that were made outside the US but that can be covered by copyright inside the US, the folks at Demand Progress have put together a nice two and a half minute video highlighting the possible consequences of a ruling that goes against first sale rights and limits your ability to freely sell items you legally purchased. While it may seem premature to be discussing this before the eventual ruling, having more people understand why this is a vitally important issue is helpful, so that we can either push for legislation to fix a bad ruling, or (hopefully) resist a push in the other direction by companies seeking to stomp out first sale rights. 
In an unexpected and rather desperate move, in the midst of growing public’s and judges’ impatience regarding Prenda’s conduct, this “law firm” has commenced three libel lawsuits designed to chill free speech by burying its critics in massive legal fees. Initially those lawsuits have been filed in state courts so loved by Prenda (St. Clair County IL, Cook County IL, and Miami-Dade FL), but were promptly removed to the federal level by the defense lawyers. So, now we have:
Here is one of the complaints (the other two can be found in Jordan Rushie’s blog post):

Alan Cooper and his attorney Paul Godfread are the main targets, obviously because they brought some uncomfortable questions to the daylight. Stifling the criticism of Prenda’s actions is the second, but not a secondary goal.
Who are the Does 1-10? If you read through largely identical complaints, you’ll see the answer: us. Us: me, DieTrollDie, dozens of community members who spend our personal time and resources to keep public aware of the predatory practice known as “copyright trolling” — abusive lawsuits with a declared goal to stop online piracy, but in reality designed to coerce quick settlements from alleged file-sharers, guilty or not. This is achieved by leveraging the social stigma attached to pornography and by insane, disproportionate statutory fines meant to be applied to large, commercial-scale infringement. We have been diligently reporting on lawsuit abuses, and it is not a surprise that those who benefit from such abuses are eager to shut us down.
I will avoid commenting on these three cases for the time being; will restrict myself to only reporting facts. Anyone with half brain can see all the flaws and the real goals of these cases anyway (as well as the answer to the question: “Why are there three nearly identical lawsuits, not one?”). Feel free to discuss these lawsuits, but be aware that if discovery is granted, your identity will most likely be revealed to the plaintiffs (I cannot do anything about it), so don’t say what you would not say openly.
As for me, I stand by everything I wrote. Maybe the words I have chosen were overly emotional, but everything I said has been based on provable facts and good faith. In addition, I never tried to smuggle my opinions as facts.
This country is still a world leader in free speech, and I hope that the outcome of these lawsuits will only strengthen my and many others’ pride.

Prenda's Brett Gibbs Finally Answers Some Questions; No Mention Of Alan Cooper

from the heading-for-a-showdown dept      http://www.techdirt.com/articles/20130302/02591022179/prendas-brett-gibbs-finally-answers-some-questions-no-mention-alan-cooper.shtml

With the news breaking of copyright troll firm Prenda Law, along with John Steele and Paul Duffy (who basically appear to be Prenda) suing a bunch of critics for defamation, it's worth remembering that the challenges to some of their existing lawsuits are still ongoing.

Brett Gibbs, who has been trying to weasel out of a variety of troubling situations concerning his acting as a lawyer for Prenda in California, was finally forced to answer some questions from Judge Otis Wright -- the same judge Gibbs tried to have kicked off the case once Wright started asking Gibbs to explain who the mysterious Alan Cooper really is. That effort failed (miserably) and last we'd seen, Judge Wright was threatening sanctions (including potential incarceration) against Gibbs for his, um, lack of candor.

Late last week, Judge Wright also consolidated a bunch of Gibbs' Prenda cases, so that they were all included for the sanction hearings on March 11, and also ordered Gibbs to answer some basic questions:
The names and contact information of the “senior members of the law firm that employed Mr. Gibbs in an ‘of counsel’ relationship.” (Gibbs Resp. 2.);

The names and contact information of the persons who make “strategic decisions . . . whether to file actions, who to sue, and whether to make a certain settlement demand or accept an offer of settlement.” (Gibbs Resp. 2.);

The names and contact information of the “owners of these copyrights.” (Gibbs Resp. 2.) If these owners are business entities, then provide in addition the names and contact information of the principals of these entities.

The names and contact information of the principals of AF Holdings LLC and Ingenuity 13 LLC.
Gibbs names John Steele and Paul Hansmeier as the "senior members" from whom he took orders, both when he was working with Steele Hansmeier and with Prenda Law. That's not surprising, but marginally interesting since Steele, at times, likes to pretend that he's not working for Prenda. The more interesting tidbit concerned the "CEO" of AF Holdings and Ingenuity 13, the two shell companies that Prenda has been using for a bunch of these lawsuits, which many believe are controlled by Steele and Hansmeier. Those are the companies who supposedly had "Alan Cooper" as their CEO, until Alan Cooper, who took care of one of Steele's homes, spoke up to the court, wondering if his identity was being used illegally. Apparently "Alan Cooper" is no longer CEO, but Mark Lutz is the CEO (of both companies).

You may remember Mark Lutz for his laugh-o-riffic appearance in that Florida Prenda case which consisted of a hearing worthy of Abbott and Costello. Lutz, who was identified as a "former" paralegal for Steele, was there to be the "representative" of the plaintiff, a company called SunLust. However, an absolutely hilarious exchange with the judge (which came about after she saw Lutz talking to Steele, who claimed he was just there to "observe" but had no actual involvement in the case) showed that Lutz was not a representative of the company, but a stand-in for Steele. Here's just a snippet.
THE COURT: Mr. Lutz, you're under oath, you have to give truthful answers or you face penalties of perjury. Do you understand that?
MR. LUTZ: Yes.
THE COURT: What is your position with Sunlust?
MR. LUTZ: I'm a representative of them.
THE COURT: What does that mean?
MR. LUTZ: Corporate representative.
THE COURT: What does that mean?
MR. LUTZ: They asked me to appear on various matters throughout the country.
THE COURT: Are you an officer of the company?
MR. LUTZ: I'm not, no.
THE COURT: Are you authorized to bind the company to any legal contracts?
MR. LUTZ: I am not.
THE COURT: Are you salaried?
MR. LUTZ: No, 1099.
THE COURT: So you are a 1099 contracted entity and you just go around and sit in a Court and represent yourself to be the corporate representative of the company?
MR. LUTZ: Yes.
THE COURT: Mr. Torres, did you know this was Mr. Lutz's position, a paid corporate representative?
MR. TORRES: No, Your Honor, I did not.
THE COURT: Who is the president of Sunlust?
MR. LUTZ: I'm unaware.
THE COURT: Who is the vice president?
MR. LUTZ: I'm unaware
THE COURT: Who is the secretary?
MR. LUTZ: I have no idea.
THE COURT: Who owns Sunlust?
MR. LUTZ: I do not know.
THE COURT: Who signs your checks?
MR. LUTZ: I believe somebody in the accounting department.
THE COURT: What is their name?
MR. LUTZ: To be honest with you, I can't read the signature.
THE COURT: Where is the accounting department located?
MR. LUTZ: I'm sorry?
THE COURT: Where is the accounting department located?
MR. LUTZ: I've received checks from California.
If you follow the FightCopyrightTrolls site, they've spent plenty of time tracking Lutz, who (that site claims) is Prenda's main "enforcer" in trying to get people to pay up. People receiving phone calls related to Prenda cases, asking the recipient to pay up to avoid getting sued, often report that it's Lutz who is calling (though it appears he may use another name on some phone calls). That "Alan Cooper" is gone from Ingenuity 13 and AF Holdings, and Lutz has been put in his place, adds even more weight to what most people suspected: that the companies are mere shells for Steele and Hansmeier, who seem to be trying to layer on more and more and more bullshit to avoid getting in serious trouble for their actions in these cases, seeking any way possible to try to demand money from people they accuse of infringing copyrights (or, in some crazy cases, accessing computers in an unauthorized manner).

In the answer, Gibbs also refuses to directly respond to Judge Wright's question to reveal the contact information for Steele and Hansmeier, but does offer to file them under seal. There is, of course, no mention of Alan Cooper.

I imagine the hearing on March 11th should be quite the spectacle.

Smart Meters – Correcting the Gross Misinformation


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Waking Times Quebec-based magazine La Maison du 21e siecle asked physician David O. Carpenter, former founding dean of the University at Albany (NY)’s School of Public Health, to comment on a letter published in the Montreal daily Le Devoir last May 24. This letter claimed wireless smart meters pose no risk to public health. Some forty international experts contributed to the following rebuttal. 
We, the undersigned are a group of scientists and health professionals who together have coauthored hundreds of peer-reviewed studies on the health effects of electromagnetic fields (EMFs). We wish to correct some of the gross misinformation found in the letter regarding wireless “smart” meters that was published in the Montreal daily Le Devoir on May 24. Submitted by a group Quebec engineers, physicists and chemists, the letter in question reflects an obvious lack of understanding of the science behind the health impacts of the radiofrequency (RF)/microwave EMFs emitted by these meters.
The statement that « Thousands of studies, both epidemiological and experimental in humans, show no increase in cancer cases as a result of exposure to radio waves of low intensity… » is false (1). In fact, only a few such studies — two dozen case-control studies of mobile phone use, certainly not thousands, have reported no elevations of cancer, and most were funded by the wireless industry. In addition, these reassuring studies contained significant experimental design flaws, mainly the fact that the populations followed were too small and were followed for a too short period of time.
Non industry-funded studies have clearly demonstrated a significant increase in cancer cases among individuals who have suffered from prolonged exposure to low-level microwaves, transmitted notably by radio antennas. The effects were best documented in meta-analyses that have been published and that include grouped results from several different studies: these analyses consistently showed an increased risk of brain cancer among regular users of a cell phone who have been exposed to microwaves for at least ten years.
Brain Cancer Rates
Furthermore, the argument that brain cancer rates do not indicate an overall increase in incidence is not evidence that cell phones are safe: the latency for brain cancer in adults after environmental exposure can be long, up to 20-30 years. Most North Americans haven’t used cell phones extensively for that long. The evidence of the link between long-term cell phone use and brain cancer comes primarily from Northern Europe, where cell phones have been commonly used since the 1990s.
Children are especially at risk. In May 2012, the U.K.’s Office of National Statistics reported a 50 percent increase in incidence of frontal and temporal lobe tumors in children between 1999 and 2009. This statistic is especially disturbing since in May 2011, after reviewing the published scientific literature regarding cancers affecting cell phone users, the International Agency for Research on Cancer (IARC) classified radiofrequency radiation as a 2B, possible human carcinogen. Despite the absence of scientific consensus, the evidence is sufficiently compelling for any cautious parent to want to reduce their loved one’s exposure to RF/microwave emissions as much as possible, as recommended by various countries such as Austria, Belgium, GermanyRussia and the United Kingdom.

Electrosensitivity

Public fears about wireless smart meters are well-founded. They are backed by various medical authorities such as the Public Health Departments of Santa Cruz County(California) and of Salzburg State (Austria). These authorities are worried about the growing number of citizens who say they have developed electrohypersensitivity (EHS), especially since for many of them, the symptoms developed after the installation of such meters (it takes some time for most people to link the two events).
Since the turn of the millennium, people are increasingly affected by ambient microwaves due to the growing popularity of wireless devices such as cell phones and Wi-Fi Internet. Therefore, the mass deployment of smart grids could expose large chunks of the general population to alarming risk scenarios without their consent. According to seven surveys done in six European countries between 2002 and 2004, about 10% of Europeans have become electrosensitive, and experts fear that percentage could reach 50% by 2017. The most famous person to publicly reveal her electrosensitivity is Gro Harlem Brundtland, formerly Prime Minister of Norway and retired Director of the World Health Organization (WHO).
While there is no consensus on the origins and mechanisms of EHS, many physicians and other specialists around the world have become aware that EHS symptoms (neurological dermatological, acoustical, etc.) seem to be triggered by exposure to EMF levels well below current international exposure limits, which are established solely on short-term thermal effects (2). Organizations such as the Austrian Medical Association and the American Academy of Environmental Medicine have recognized that the ideal way to treat of EHS is to reduce EMF exposure.
Therefore, caution is warranted because the growing variety of RF/microwave emissions produced by many wireless devices such as smart meters have never been tested for their potential biological effects.

Well-known Bioeffects

While the specific pathways to cancer are not fully understood, it is scientifically unacceptable to deny the weight of the evidence regarding the increase in cancer cases in humans that are exposed to high levels of RF/microwave radiation.
The statement that « there is no established mechanism by which a radio wave could induce an adverse effect on human tissue other than by heating » is incorrect, and reflects a lack of awareness and understanding of the scientific literature on the subject. In fact, more than a thousand studies done on low intensity, high frequency, non-ionizing radiation, going back at least fifty years, show that some biological mechanisms of effect do not involve heat. This radiation sends signals to living tissue that stimulate biochemical changes, which can generate various symptoms and may lead to diseases such as cancer.
Even though RF/microwaves don’t have the energy to directly break chemical bonds, unlike ionizing radiation such as X-rays, there is scientific evidence that this energy can cause DNA damage indirectly leading to cancer by a combination of biological effects. Recent publications have documented the generation of free radicals, increased permeability of the blood brain barrier allowing potentially toxic chemicals to enter the brain, induction of genes, as well as altered electrical and metabolic activity in human brains upon application of cell phone RF/microwaves similar to those produced by smart meters.
These effects are cumulative and depend on many factors including RF/microwave levels, frequency, waveform, exposure time, biovariability between individuals and combination with other toxic agents. Clear evidence that these microwaves are indeed bioactive has been shown by the fact that low-intensity EMFs have proven clinically useful in some circumstances. Pulsed EMFs have long been used to successfully treat bone fractures that are resistant to other forms of therapy. More recently, frequency-specific, amplitude-modulated EMFs have been found useful to treat advanced carcinoma and chronic pain.
High frequency EMFs such as the microwaves used in cell phones, smart meters, Wi-Fi and cordless ‘‘DECT’’ phones, appear to be the most damaging when used commonly. Most of their biological effects, including symptoms of electrohypersensitivity, can be seen in the damage done to cellular membranes by the loss of structurally-important calcium ions. Prolonged exposure to these high frequencies may eventually lead to cellular malfunction and death.
Furthermore, malfunction of the parathyroid gland, located in the neck just inches from where one holds a cell phone, may actually cause electrohypersensitivity in some people by reducing the background level of calcium ions in the blood. RF/microwave radiation is also known to decrease the production of melatonin, which protects against cancer, and to promote the growth of existing cancer cells.

Early Warning Scientists Attacked

In recommending that the Precautionary Principle be applied in EMF matters, the European Environment Agency’s Director Jacqueline McGlade wrote in 2009: “We have noted from previous health hazard histories such as that of lead in petrol, and methyl mercury, that ‘early warning’ scientists frequently suffer from discrimination, from loss of research funds, and from unduly personal attacks on their scientific integrity. It would be surprising if this is not already a feature of the present EMF controversy… » Such unfortunate consequences have indeed occurred.
The statement in the Le Devoir letter that « if we consider that a debate should take place, it should focus exclusively on the effects of cell phones on health » is basically an acknowledgement that there is at least some reason to be concerned about cell phones. However, while the immediate exposure from a cell phone is of much greater intensity than the exposure from smart meters, cell phone use is temporary.

Smart Meters

Wireless smart meters typically produce atypical, relatively potent and very short pulsed RF/microwaves whose biological effects have never been fully tested. They emit these millisecond-long RF bursts on average 9,600 times a day with a maximum of 190,000 daily transmissions and a peak level emission two and a half times higher than the stated safety signal, as the California utility Pacific Gas & Electric recognized before that State’s Public Utilities Commission. Thus people in proximity to a smart meter are at risk of significantly greater aggregate exposure than with a cell phone, not to mention the cumulative levels of RF/microwaves that people living near several meters are exposed to.
People are exposed to cell phone microwaves primarily in the head and neck, and only when they use their device. With smart meters, the entire body is exposed to the microwaves, which increases the risk of overexposure to many organs.
In addition to these erratic bursts of modulated microwaves coming from smart meters that are transferring usage data to electric, gas and water utilities, wireless and wired smart (powerline communication) meters are also a major source of ‘’dirty electricity’’ (electrical interference of high frequency voltage transients typically of kilohertz frequencies). Indeed, some scientists, such as American epidemiologist Sam Milham, believe that many of the health complaints about smart meters may also be caused by dirty electricity generated by the « switching » power supply activating all smart meters. Since the installation of filters to reduce dirty electricity circulating on house wiring has been found to relieve symptoms of EHS in some people, this method should be considered among the priorities aimed at reducing potential adverse impacts.

Rather Be Safe Than Sorry

The apparent adverse health effects noted with smart meter exposure are likely to be further exacerbated if smart appliances that use wireless communications become the norm and further increase unwarranted exposure.
To date, there have been few independent studies of the health effects of such sources of more continuous but lower intensity microwaves. However, we know after decades of studies of hazardous chemical substances, that chronic exposure to low concentrations of microwaves can cause equal or even greater harm than an acute exposure to high concentrations of the same microwaves.
This is why so many scientists and medical experts urgently recommend that measures following the Precautionary Principle be applied immediately — such as using wired meters — to reduce biologically inappropriate microwave exposure. We are not advocating the abolishment of RF technologies, only the use of common sense and the development and implementation of best practices in using these technologies in order to reduce exposure and risk of health hazards.
1. Scientific papers on EMF health effects
2. Explanation and studies on electrosensitivity
3. Governments and organizations that ban or warn against wireless technology
• David O. Carpenter, MD, Director, Institute for Health & the Environment, University at Albany, USA
• Jennifer Armstrong, MD, Past President, Canadian Society of Environmental Medicine, Founder, Ottawa Environmental Health Clinic, Ontario, Canada
• Pierre L. Auger, M. D., FRCPC, Occupational medicine, Multiclinique des accidentés 1464, Montreal, Quebec, Canada
• Fiorella Belpoggi, Director Cesare Maltoni Cancer Research Center, Ramazzini Institute, Bologna, Italy
• Martin Blank, PhD, former President, Bioelectromagnetics Society, Special Lecturer, Department of Physiology and Cellular Biophysics, Columbia University Medical Center, New York, USA
• Barry Breger, MD, Centre d’intégration somatosophique (orthomolecular medicine), Montreal, Quebec
• John Cline, MD, Professor, Institute for Functional Medicine, Federal Way, WA, USA, Medical Director, Cline Medical Centre, Nanaimo, BC, Canada
• Alvaro Augusto de Salles, PhD, Professor of Electrical Engineering, Federal University of Rio Grande do Sul, Porto Alegre, Brazil
• Christos Georgiou, Prof. Biochemistry, Biology Department, University of Patras, Greece
• Andrew Goldsworthy, PhD, Honorary lecturer in Biology, Imperial College, London, UK
• Claudio Gómez-Perretta, MD, PhD, Director, Centro de Investigación, Hospital Universitario LA Fe, Valencia, Spain
• Livio Giuliani, PhD, Senior Researcher, National Insurance Institute (INAIL), Chief of Radiation and Ultrasounds Research Unit, Rome, Italy
• Yury Grigoriev, PhD, Chair Russian National Committee on Non-Ionizing Radiation Protection, Moscow, Russia
• Settimio Grimaldi, PhD, Director, Institute of Translational Pharmacology (Neurobiology and molecular medicine), National Research Council, Rome, Italy
• Magda Havas, PhD, Centre for Health Studies, Trent University, Canada
• Lennart Hardell, MD, Professor of Oncology, University Hospital, Örebro, Sweden
• Denis L. Henshaw, PhD, Professor of Physics, Head of The Human Radiation Effects Group, University of Bristol, UK
• Ronald B. Herberman, MD, Chairman of Board, Environmental Health Trust, and Founding Director emeritus, University of Pittsburgh Cancer Institute, USA
• Isaac Jamieson, PhD Environmental Science (electromagnetic phenomena in the built environment), independent architect, scientist and environmental consultant, Hertfordshire, UK
• Olle Johansson, PhD, Professor of Neuroscience (Experimental Dermatology Unit), Karolinska Institute, Stockholm, Sweden
• Yury Kronn, PhD, Soviet authority on physics of nonlinear vibrations and high frequency electromagnetic vibrations, founder of Energy Tools International, Oregon, USA
• Henry Lai, PhD, Professor of Bioengineering, University of Washington School of Medicine, Seattle, WA, USA
• Abraham R. Liboff, PhD, Professor Emeritus, Department of Physics, Oakland University, Rochester, Michigan, USA
• Don Maisch, PhD, Researcher on radiation exposure standards for telecommunications frequency, EMFacts Consultancy, Tasmania, Australia
• Andrew A. Marino, MD, PhD, JD, Professor of Neurology, LSU Health Sciences Center, Shreveport, LA, USA
• Karl Maret, MD, M.Eng., President, Dove Health Alliance, Aptos, CA, USA
• Sam Milham, MD, former chief epidemiologist, Washington State Department of Health, USA
• Joel M. Moskowitz, PhD, Director, Center for Family and Community Health, School of Public Health, University of California, Berkeley
• Gerd Oberfeld, MD, Public Health Department, Salzburg State Government, Austria
• Jerry L. Phillips, PhD, Director, Center for Excellence in Science, Department of Chemistry and Biochemistry, University of Colorado, USA
• John Podd, PhD, Professor of Psychology (experimental neuropsychology), Massey University, New-Zeland
• William J. Rea, MD, thoracic and cardiovascular surgeon, founder of the Environmental Health Center, Dallas, Tx, USA
• Elihu D. Richter, MD, Professor, Hebrew University-Hadassah School of Public Health and Community Medicine, Jerusalem, Israel
• Leif G. Salford, MD, Senior Professor of Neurosurgery, Lund University, Sweden
• Nesrin Seyhan, MD, Founder and Chair of Biophysics, Medical Faculty of Gazi University, Turkey
• Cyril W. Smith, PhD, lead author of “Electromagnetic Man”, retired from Electronic and Electrical Engineering, University of Salford, UK
• Morando Soffritti, MD,
Scientific Director of the European Foundation for Oncology and Environmental Sciences “B. Ramazzini” in Bologna, Italy
• Antoinette “Toni” Stein, PhD, Collaborative on Health and the Environment (CHE-EMF Working Group), Co-Coordinator, Berkeley, CA, USA
• Stanislaw Szmigielski, MD, PhD Professor of Pathophysiology, Consulting Expert, former director of Microwave Safety, Military Institute of Hygiene and Epidemiology, Warsaw, Poland
• Bradford S. Weeks, MD, Director, The Weeks Clinic, Clinton, WA, USA
• Stelios A. Zinelis, MD, Vice-President, Hellenic Cancer Society, Cefallonia, Greece
Source

It is official: Even Facebook admits that teens are tiring of the social network as they turn to newer 'cooler' apps such as Snapchat

By James Nye
|


Facebook has made the startling admission that teenagers are becoming bored with the social networking giant.
Facing competition from younger, more agile and 'cooler' apps such as Snapchat and Instagram, Facebook fears its long-term business could be harmed.
And as Facebook approaches its tenth anniversary the firm published its annual 10-K report last month revealing that its younger users are increasingly turning away from the multi-billion dollar business.
Not So Cool: Almost ten years after he created Facebook in his Harvard dorm room - Mark Zuckerberg is being told that teens do not find his social networking product cool anymore
Not So Cool: Almost ten years after he created Facebook in his Harvard dorm room - Mark Zuckerberg is being told that teens do not find his social networking product cool anymore
Published last month, the annual company report states, 'We believe that some of our users, particularly our younger users, are aware of and actively engaging with other products and services similar to, or as a substitute for, Facebook.
'For example, we believe that some of our users have reduced their engagement with Facebook in favor of increased engagement with other products and services such as Instagram.
 
'In the event that our users increasingly engage with other products and services, we may experience a decline in user engagement and our business could be harmed.'
The sobering admission that they need to sharpen their public image comes as Facebook Director of Product Blake Ross announced in scathing terms why he was leaving the social networking powerhouse.
Teens are increasingly becoming bored of using Facebook according to new studies and by the firm's own admission
Teens are increasingly becoming bored of using Facebook according to new studies and by the firm's own admission
Teens are increasingly becoming bored of using Facebook according to new studies and by the firm's own admission

Teenagers are turning to apps such as Snapchat to communicate and find Facebook boring
Teenagers are turning to apps such as Snapchat to communicate and find Facebook boring
'I’m leaving because a Forbes writer asked his son’s best friend Todd if Facebook was still cool and the friend said no, and plus none of HIS friends think so either even Leila who used to love it, and this journalism made me reconsider the long-term viability of the company.'
Maybe because of the seriousness of his jesting post, Ross pulled the message from his Facebook page.
However, it did not divert from the fact that teenagers are very often a plausible, but non-scientific barometer for trends - especially what is cool and what is not.
Indeed, the founder and of new social networking site Branch, Josh Miller, asked his fifteen-year-old sister for her opinion on Facebook.
Her verdict was damning: 'She tries to visit Facebook as infrequently as possible,' Miller wrote, because it’s addictive, and because it’s not as fun as Instagram. 'Facebook may have an irreversibly bad brand,' Miller concluded.
Web-expert, Laura Portwood-Stacer was more concise in her opinion of how Facebook relates to today's teenagers.
'I think it has less to do with kids consciously looking for 'the next big thing' than Facebook just no longer being a space that serves them,' said Laura Portwood-Stacer.
Younger people are now looking for more intimate methods of communication online
Younger people are now looking for more intimate methods of communication online
'I think kids are less self-conscious about trying to be cool than marketers would like to think,' she added.
Teenagers are turning to sites like Tumblr and apps like Snapchat and Instagram as their preferred methods of communication.
'Tumblr is mainly my obsession as of now,' said 15-year-old Collin Wisniewski to The Verge.
'It just seems more intimate and its not really a place of bragging, but more of a place of sharing.'
Apps such as Snapchat give power to younger users who do not like the idea of their images existing forever and tagged on Facebook,
'I would say that this app really is one of my major communicating devices more than really a social network,' said Wisniewski.
However, this does not mean that teens are leaving Facebook similar in manner to the demise of MySpace.
They are simply using the service less and other newer products more.
And, of course, monetarily, Facebook owns Instagram and is still at the forefront of mobile device apps.

Queen’s Nurse’s Belt Buckle: A pentagram and a Freemason compass

The picture below is a enlarged picture of the belt buckle worn by the nurse escorting the Queen from hospital yesterday. An inverted pentagram and the Freemason’s compass.. Here is the article where the image came from:
700_10309c857c6dcd2c0322867b20c2a424

Records reveal CBP drones used in US can intercept electronic communications, identify people

Customs and Border Protection announced the latest addition to i
By Madison Ruppert Disturbing documents recently obtained by the Electronic Privacy Information Center (EPIC) under the Freedom of Information Act (FOIA) reveal that the Bureau of Customs and Border Protection (CBP) is operating drones in the United States that are capable of intercepting electronic communications along with recognizing and a person on the ground.
CBP, a child agency of the Department of Homeland Security (DHS) which is itself quite fascinated with drones, is just one of many public entities in the United States operating drones domestically.
While we know the number is quite large and growing, it is impossible to how many entities are authorized to fly drones over the US or if the Obama administration claims the authority to kill Americans on US soil without charge or trial as has been done abroad since they refuse to answer that question.
Others flying drones over the U.S. include National Guard units (more listed here), the military in concert with law enforcement agencies around the country, the Marshals Service and so many others that universities and colleges are expanding drone piloting programs to keep up with the domestic drone boom.
While we already knew that the domestic drone program was massive beyond comprehension, EPIC most recently revealed that CBP is “operating drones in the United States capable of intercepting electronic communications,” evidenced a document from 2010.
Another document from 2005 shows that “the ten Predator B drones operated by the agency have the capacity to recognize and identify a person on the ground.”
Perhaps the most troubling aspect of this is that “Approximately, 2/3 of the US population is subject to surveillance by the CBP drones.”
Indeed, this is due to what the American Civil Liberties Union (ACLU) calls a “Constitution-Free Zone” which essentially means little to no constitutional protection for the majority of persons living in the United States.
One of the documents obtained by EPIC reveals that the drone sensors are capable of “identifying a standing human” and “recognizing a backpack” but, according to The New York Times Bits blog, a CBP “spokesman said they cannot identify a particular individual. They can only tell if it is a person or something else.”
It’s hard to know all that much about the CBP’s claims and their truthfulness since large portions of the document have been redacted.
Furthermore, the documents at issue are from 2005 and 2010, it is impossible to know what technology has been acquired since then.
Perhaps most important of all, we now know that the former press secretary for the Obama White House was told to deny the existence of the government’s drone program. In other words, he was told to lie.
If the White House spokesman was told to lie through his teeth, why would we think other agencies and their spokespersons suddenly have some kind of deontological devotion to truth?
The 2010 document also states under section 3.1.2 that, “To readily acquire state-of-the-art technology upgrades and improvements to the commercial products and services, CBP OAM may solicit or the contractor may independently propose changes, upgrades or enhancements to the aircraft, equipment, components, or other requirements to reduce costs, improve performance, save energy or improve safety.”
Put simply, if CBP or the contractor thinks technology capable of directly identifying someone may “improve performance” – which it arguably would – then it could be implemented.
In a statement to the Huffington Post, the CBP spokesman claimed that signal interception capable of eavesdropping on cell phone calls and reading text messages hasn’t been deployed yet.
“Any potential deployment of such [drone] technology in the future would be implemented in full consideration of civil rights/civil liberties and privacy interests and in a manner consistent with the law and long-standing law enforcement practices,” said spokesman Michael Friel.
One must wonder why, in 2005, the CBP said that the initial payloads should include signals interception if they truly had no interest in deploying it for at least seven years.
“The agency has said that they’re not using the signals intercept technology, but that doesn’t mean they’re not capable of doing it, said Ginger McCall, director of EPIC’s Open Government Program.
If they did use the signals intercept technology, “It seems like it would be in violation of federal privacy laws and potentially the Fourth Amendment — and we haven’t seen any sort of privacy regulations come out from the Department of Homeland Security or any other agency about the drones.”
“Notably, she added, the agency has also left open the possibility that it could one day use facial recognition technology, which would raise additional privacy concerns,” according to the Huffington Post.
All we can be comforted by is a CBP spokesman claiming they don’t engage in communications surveillance along with the following reassuring statement given to the Bits blog.
“This is not an aircraft that’s looking through windows,” the spokesman said.
Read the documents linked below for a troubling look into what one Department of Homeland Security – which claims jurisdiction over a disturbingly high number of Americans – agency has been up to with their drone program.
2010 CBP document (original here)
2005 CBP document (original here)
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Al Gore Made Millions While Saving The World

November 13, 2012 by
Al Gore Made Millions While Saving The World
UPI FILE
This is a lesson on how the major media can slant facts and give them new meaning. Let’s start with the explosive facts, as revealed in a Washington Post story.
In 2001, Al Gore was worth less than $2 million. Now, in 2012, it’s estimated he’s locked up a nice neat $100 million.
How did he do it? Well, he invested in 14 green companies, who inhaled — via loans, grants and tax relief — somewhere in the neighborhood of $2.5 billion from the Federal government to go greener.
Therefore, Gore’s investments paid off, because the Federal government was providing massive cash backup to those companies. It’s nice to have Federal friends in high places.
For example, Gore’s investment firm at one point held 4.2 million shares of an outfit called Iberdrola Renovables, which was building 20 wind farms across the United States.
Iberdrola was blessed with $1.5 billion from the Federal government for the work which, by its own admission, saved its corporate financial bacon. Every little bit helps.
Then there was a company called Johnson Controls. It makes batteries, including those for electric cars. Gore’s investment company, Generation Investment Management, doubled its holdings in Johnson Controls in 2008, when shares cost as little $9 a share. GIM sold when shares cost $21 to $26 — before the market for electric-car batteries fell on its head.
For a while, the going was good. To make it go good, Johnson Controls had been bolstered by $299 million dropped at its doorstep by the Administration of President Barack Obama.
On the side, Gore has been giving speeches on the end of life as we know it on planet Earth, for as much as $175,000 a pop. (It isn’t really on the side. Gore is constantly on the move from conference to conference, spewing jet fumes in his wake.) Those lecture fees can add up.
So Gore has $100 million.
Now, we get to the slant. The headline for this piece in The Post was “Al Gore has thrived as green-tech investor.”
Pretty soft, don’t you think? I mean, the man has worked every angle to parlay fear of global-warming catastrophes into a humdinger of a personal fortune. And he didn’t achieve his new status in the free market. The Federal government has been helping out with major, major bucks.
This wasn’t an entrepreneur relying exclusively on his own smarts and hard work. Far from it.
And here’s the kicker: Nowhere in The Post’s story was the issue of manmade warming mentioned as “unsettled” or “controversial” or even “the subject of intense debate.” Nope. Not even close.
That’s called a clue. You see, suppose The Post admitted that warming theories are up for grabs — which they most assuredly are. How would it look if Gore were portrayed as a man circling the globe many times to hype an unproven hypothesis, while profiting enormously from the effort because the Federal government was backing his plays? Hmm. Not very good. No, the story would have taken on a whole new and darker hue.
So the underlying assumption of the Post story, as reflected in its wimpy headline, was: Yes, Gore has been making money, but his cause is just and right and the situation of humankind is, in fact, dire because the Earth’s temperature has been rising dangerously as a result of carbon technology; and Gore is, after all, trying to stave off “humanity destroying humanity.” He’s a good man, in the end. Let him be rich.
That’s the slant.
It doesn’t really matter what facts The Post exposes about Gore’s sleazy business operations. He is doing it all “to save us.”
I don’t think so.
How many scientists and other Ph.D.s have been just saying no to the theory of manmade global warming?
Let’s see. Remember the 49 astronauts and scientists who used to work at NASA and wrote a letter just saying no?
Nobel-prize winning physicist Ivar Giaever just said no.
A letter to The Wall Street Journal signed by 16 scientists just said no. Among the luminaries: William Happer, professor of physics at Princeton University; Richard Lindzen, professor of atmospheric sciences at Massachusetts Institute of Technology; William Kininmonth, former head of climate research at the Australian Bureau of Meteorology.
And then there was the Global Warming Petition Project, or the Oregon Petition, that just said no. According to Petitionproject.org, the petition has the signatures of “31,487 American scientists,” of which 9,029 stated they had Ph.D.s.
I’m not automatically assuming these people are absolutely correct in every detail of their positions. A definitive argument against manmade warming would take up many pages. In this context, I’m merely indicating that, indeed, the science is not settled, because many researchers are willing to step up and defend a counterargument.
Yet somehow, all these people’s voices are dimmed by the time elite media outlets like The Post cover the story. Mainstream reporters “who count” in the scheme of things look down their noses at those who claim manmade warming is incorrect science or a hoax.
I’ve worked as an investigative reporter for 30 years, and I can tell you that, one for one, these arrogant “journalists” know absolutely nothing about warming. They have no significant personal knowledge of the subject. Their whole talent is making it seem as if they do. That’s the game. That’s why they make the big money.
It’s all a matter of style. That’s how you get to be an anchor on the evening news in prime time: You can fool most of people most of the time. You know how to talk, how to convey certain cues and emotions that put you over the top.
Anchors can make it seem as if they represent the best thinking and most intelligent consensus. That’s their skill.
Many years ago, George Burns famously said: “The secret of acting is sincerity. If you can fake that, you’ve got it made.”
That’s the bottom line for a news anchor.
And that’s the bottom line for the theory of manmade warming.
Is Gore faking it all the way or does he actually believe his all-encompassing, all-seeing global-warming message?
It’s a very interesting question. From my experience interviewing politicians, I’d say many of them lose the distinction after a while. They come to believe what they’ve previously been faking. This happens because they’re successful. They think to themselves: “I must be speaking the truth, because look at how well it’s playing, look at how well I’m doing, look at how many people support me.”
To stretch an analogy, a few of the bestselling medical drugs in the world cause brain damage. Does that mean they really don’t cause brain damage all of a sudden when sales figures reach $1 billion or $10 billion or, as in Gore’s case, $100 million?
People tell people who tell other people who tell other people, going all the way up the ladder, that the science on global warming is settled. Very, very few of the people on the ladder know the first thing about warming. They are parrots.
They tell the rest of us what’s really what and who’s really who, and they expect us to kneel down in adoration.
That’s mainstream news, and it’s falling apart as the online alternative media pick up the ball and run with it, as people indoctrinated to have faith in the major networks wake up from their slumber.
Big Al: $100 million, lockbox, an honorable man saving lives.
The first two items are facts. It’s the third item that should be open to robust debate in major media, but that’s not happening.
Major media, in most cases, echo the assumptions of their sources. The biggest source for stories, by far, is the Federal government. The Obama Administration has had a strict policy of declaring the global-warming issue wrapped up in a package with a red ribbon. It’s decided; it’s “settled.”
If The Washington Post suddenly investigated global-warming science and declared it bogus, it would suffer grave consequences. Many of its best sources, angered, would dry up overnight. If The Post went too far with its investigation, it could find itself on the outside looking in.
At the level of day-to-day news reporting, this is why big-time media outlets fold up under pressure and support the government consensus.
Of course, at a much higher level, The Post is playing partner with radical environmentalists who, in turn, are funded by titans of globalism. These deadly opponents of the free market want to encompass the planet in one management system (one central-planning system) from which all goods and services are distributed.
Global warming is one of their chief issues. Manipulating it entails convincing populations that a massive intervention is necessary to stave off the imminent collapse of all life on Earth. Therefore, sovereign nations must be eradicated. Political power and decision-making must flow from above, from “those who are wiser.”
Gore is their boy. He is their front man.
He jets here and he jets there, carrying their messages. He’s their pizza delivery kid.
And for his work, he is paid $100 million — a drop in the bucket.
–Jon Rappoport

Furniture Chain’s Rental Computers Sent 185,000 Spyware Emails Containing Customers’ Passwords, Explicit Photos, Financial Information Back to Headquarters   Posted by JacobSloan on March 4, 2013

http://www.disinfo.com/2013/03/furniture-chains-rental-computers-sent-185000-spyware-emails-containing-customers-passwords-explicit-photos-financial-information-back-to-headquarters/
The Atlanta-based national furniture chain Aaron’s offers computers on a rent-to-own basis. Many of the computers contained secretly activated spyware which tracked customers’ locations, took webcam photos inside their homes, and forwarded intimate photos and information back to corporate servers, reports NBC News:
Spyware installed on computers leased from furniture renter Aaron’s Inc. secretly sent 185,000 emails containing sensitive information — including pictures of nude children and people having sex — back to the company’s corporate computers, according to court documents filed Wednesday in a class-action lawsuit.
According to the filings, some of the spyware emails contained pictures secretly taken by the rental computers’ webcams or other sensitive information including Social Security numbers, social media and email passwords, and customer keystrokes, the Federal Trade Commission determined last year.
Aaron’s officials have previously said the company never installed the spyware on computers rented out of 1,140 company-operated stores and blamed individual franchisees for installing it. But the new filings claim Aaron’s nonetheless received the secretly recorded data.
The allegations grew out of a Federal Trade Commission settlement last year [involving] a Casper, Wyo., couple, Brian and Crystal Byrd. The couple’s May 2011 lawsuit claimed the manager of the Casper store showed Brian Byrd a webcam picture of himself operating a rental computer after the manager activated the spyware in the process of trying to repossess the computer, which the manager mistakenly believed the Byrds hadn’t paid off under their rent-to-own agreement. The filings seek court permission to file a new complaint adding 54 franchisees based on the 185,000 emails since traced to Aaron’s computer servers.
On Wednesday, attorneys also filed a new lawsuit on behalf of a customer who claims an Oregon Aaron’s franchise tracked her physical location by having Detective Mode trace her Wi-Fi use of the computer.

Silent Circle, The New Encryption App That Is Terrifying The Government         

Posted by JacobSloan on February 7, 2013
The idea is to “democratize encryption” by making it available to the non-tech-savvy with the push of a button. Will this be used for good or evil? Slate‘s Ryan Gallagher explains:
The startup tech firm Silent Circle’s groundbreaking encrypted data transfer app will enable people to send files securely from a smartphone or tablet at the touch of a button—photographs, videos, spreadsheets, you name it—sent scrambled from one person to another in a matter of seconds.
The technology uses a sophisticated peer-to-peer encryption technique that allows users to send encrypted files of up to 60 megabytes through a “Silent Text” app. The sender of the file can set it on a timer so that it will automatically “burn”—deleting it from both devices after a set period of, say, seven minutes. It’s a game-changer that will almost certainly make life easier and safer for journalists, dissidents, diplomats, and companies trying to evade surveillance.
When a user sends a picture or document, it will be encrypted, digitally “shredded” into thousands of pieces, and temporarily stored in a “Secure Cloud Broker” until it is transmitted to the recipient. Silent Circle, which charges $20 a month for its service, has no way of accessing the encrypted files because the “key” to open them is held on the users’ devices and then deleted after it has been used to open the files.
But while Silent Circle’s revolutionary technology will assist many people in difficult environments, maybe even saying lives, there’s also a dark side. Law enforcement agencies will almost certainly be seriously concerned about how it could be used to aid criminals. The FBI, for instance, wants all communications providers to build in backdoors so it can secretly spy on suspects. Silent Circle is pushing hard in the exact opposite direction—it has an explicit policy that it cannot and will not comply with law enforcement eavesdropping requests.
The new Silent Circle is due to launch later this week, hitting Apple’s App Store by Feb. 8. Expect controversy to follow.

The Manufacture of “Surveillance by Consent”

the CCTV proposals in the Protection of Freedoms Bill are really about manufacturing consent”
No CCTV article ‘The Freedom Committee, CCTV / ANPR and the Manufacture of Consent’ (2nd May 2011) [1]
It’s not often that you get to witness the birth of a new philosophy but that is what we are told is at the heart of the new Surveillance Camera Code of Practice published by the UK’s Home Office this month [2]. Drum roll please, here it is, the new philosophy – “Surveillance by Consent”.
Now as new philosophies go it’s not the best and it’s not really new, nor is it a philosophy. In fact it’s more of a slogan, or more precisely a propaganda slogan. And what it contains a ready-made judgement to save you the trouble of thinking about the issue at hand, in this case surveillance. Surveillance you are told is by consent. You need not worry how consent is achieved or what that really means. You can rest easy knowing that the word “surveillance” which was sometimes considered controversial now has a positive sounding partner “consent” – which is a good thing. Hooray that’s that thorny issue sorted.
“In our time, political speech and writing are largely the defence of the indefensible [...] Thus political language has to consist largely of euphemism, question-begging and sheer cloudy vagueness”
‘Politics and the English Language’, George Orwell (1946) [3]
Not only has the Home Office created a “new philosophy” they’ve also launched a consultation process [4] into the new Surveillance Cameras Code of Practice. This is so that they can say the people were asked what they thought and their views were taken into account. Perhaps that’s what “surveillance by consent” is about. Except hardly anyone knows there is a consultation and even fewer will bother responding and if they do it’s unlikely they’ll be listened to unless they support the government/Home Office position. Perhaps that’s what “surveillance by consent” is about. We’re getting warmer.
To understand “surveillance by consent” we are told in the Code of Practice Consultation document [5] that it should be viewed as analogous to “Policing by Consent” – a slogan oft used to paint a rosy picture of the friendly British policeman. In fact it’s so often trotted out that it seems rude to deconstruct it here, but what the heck.

Policing by Consent

The slogan “Policing by Consent” is generally attributed to the 20th Century police historian Charles Reith, who constructed it based on what have come to be known as the nine Peelian police principles, so named after Robert Peel, the Home Secretary who introduced the modern police force in 1829. In fact these police principles are not Peel’s but Reith’s principles as it was he who constructed them based on his interpretation of official hand books, public records and the works of earlier writers [6].

A matter of principles

In his book “British Police and the Democratic Ideal” (1943) [7] Reith wrote:
British Police Principles may be defined, briefly, as the process of transmuting crude physical force, which must necessarily be provided in all human communities for securing observance of laws, into the force of public insistence on law observance; and of activating this force by inducing, unobtrusively, public recognition and appreciation of the personal and communal benefits of the maintenance of public order.
p4, ‘British Police and the Democratic Ideal’, Charles Reith (1943)
So police principles are a way of “transmuting crude physical force” – let’s see which of the Reith principles are most frequently used to transmute crude physical force and hence underpin the slogan “policing by consent”. First we have Reith’s 3rd principle:
To recognize always that to secure and maintain the respect and approval of the public means also the securing of willing cooperation of the public in the task of securing observance of laws.
3rd Police Principle, p3, ‘British Police and the Democratic Ideal’, Charles Reith (1943)
In his 1952 offering ‘The Blind Eye of History’, Reith expands upon his third principle by explaining that following the creation of the police force in London in 1829 the public were won over (ultimately) and that the police with “their visible behaviour, sufferings and martyrdom appealed to and roused the inherent sense of justice and fair play in people’s minds” [8]. Of course blanket surveillance of the type used in “surveillance by consent” can hardly be said to represent justice and fair play, as everyone is monitored be they law abiding or law breaking. In essence surely Reith’s third principle merely states that the police must get people to obey laws – most people have a sense of right and wrong so good laws are easy to obey; bad laws need enforcing.
Then there’s Reith’s 7th principle:
To maintain at all times a relationship with the public that gives reality to the historic tradition that the police are the public and that the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen, in the interests of community welfare and existence.
7th Police Principle, p4, ‘British Police and the Democratic Ideal’ (1943), Reith
This 7th principle makes the strange claim “that the police are the public and the public are the police”, but the police are an organised force and a policeman swears an oath to serve the queen [9]. As Dr A.I.Goodhart wrote in the 1962 report of the Royal Commission on the Police, the idea of the police being the public:
seems to conflict with the fact that the constable is a member of a disciplined service, under a duty to obey orders, and that many of his powers are given to him as a constable and not as a citizen. To say that a constable is a citizen in uniform is no more accurate than it would be to say that all citizens are constables in plain clothes.
p162, Memorandum of Dissent by Dr A I Goodhart, Final Report of the Royal Commission on the Police 1962, Cmnd. 1728,

Would you wear a stab vest to visit your granny?

Since Reith created his principles some seventy years ago much has changed. The police increasingly wear paraphernalia that serves to distance the public from the human being that is the police officer and makes the police look ever more paramilitary. Are the public and the police the same? Would you wear a stab vest to go and visit your granny?
Furthermore we are increasingly seeing moves to privatise large sections of the police, starting with so-called back office functions – for instance the Civica Group has recently won the contract to supply the Dyfed-Powys police with a “hosted” Automatic Number Plate Recognition (ANPR) system [10], and in 2011, 500 civilian staff from Cleveland police were transferred to police outsourcing giant Steria [11] who now run many of their police services including outsourced Control Room services [12]. Even the recent introduction of elected Police and Crime Commissioners (PCC), whilst presented as a way of making police more accountable, ties into the privatisation agenda – as the commissioners will own the new Police ICT Company Ltd which will manage outsourced contracts that “may include service management for the Automated Number Plate Recognition network” [13]. Can we still say that “the public are the police” when large sections of the police service, including major surveillance tools, are now run by private companies driven by a profit motive – with more set to follow?
After a bit of scratching of the surface we begin to see that the “policing by consent” slogan is used to disguise the fact that modern policing is merely imposed authority, as criminologist Steve Uglow writes:
These images, and phrases such as ‘policing by consent’ and ‘community policing’, form the language of persuasion. Of course, without the consent of the public it is no longer policing but repression. That we do closely identify with ‘our’ police is shown by the high degree of approval for and co-operation with them. But this esteem to some extent derives from the favourable attitude of the media and entertainment industries, since knowledge about the police is, for most people, gleaned at second-hand. Our ‘consent’ is at root artificial, constrained by the limitations of our knowledge.
p11, ‘Policing Liberal Society’, Steve Uglow, Oxford University Press (1988)
The media’s love affair of crime reporting coupled with an abundance of crime-based entertainment drama has only exacerbated the effects of successive governments heavily focusing on crime and policing – where talking tough on crime is seen as a virtue above all others. As criminologist Robert Reiner said in a recent Howard League for Penal Reform pamphlet [14]:
Crime fighting is the dominant image of police in the media, which are the main source of information for public. But this leads the police on a Quixotic quest, as there are inherent limitations to the possibilities of crime control through policing. The drivers of crime and disorder largely lie much deeper than any possibility of being tackled by even the best police. This view was once a widely shared orthodoxy. However, it is now frequently claimed to have been refuted by recent experience and evidence.
‘In praise of fire brigade policing: Contra common sense conceptions of the police role’, Robert Reiner (2012)
The modern police force has become an accepted part of mainstream society to such a degree that people forget that the whole idea of an organised force was one alien to the people of Britain.
In 1818 a parliamentary select committee wrote on the concept of an organised preventative police force:
The police of a free country is to be found in rational and humane laws – in an effective and enlightened magistracy – and in the judicious and proper selection of those officers of justice, in whose hands, as conservators of the peace, executive duties are legally placed. But above all, on the moral habits and opinions of the people; and in proportion as these approximate towards a state of perfection, so that people may rest in security; and though their property may occasionally be invaded, or their lives endangered by the hands of wicked and desperate individuals, yet the institutions of the country being sound, its laws well administered, and justice executed against offenders, no greater safeguard can be obtained, without sacrificing all those rights which society was instituted to preserve.
p32, ‘Third report from the Committee on the State of the Police of the Metropolis’ (1818)
The select committee wrote the above words in the wake of the Napoleonic Wars with revolutionary France, a time when, not unlike now, state surveillance was high [15].
So the slogan “policing by consent” can be seen as a sleight of hand, which discards past resistance to a standing army of police. It promotes acceptance of the police as a virtue above a desire for self-determination and “policing” by the community that pre-dates the modern system.
Interestingly “policing by consent” contains little actual consent. There is no suggestion that there is a choice involved – which raises a serious concern – how can there be consent without choice?
And so we return to the slogan which we are told is analogous to “policing by consent”, namely “surveillance by consent”.

“Surveillance by Consent”

The “surveillance by consent” slogan has been attributed to Andrew Rennison, an ex-policeman who is now both the Surveillance Camera Commissioner and the Forensic Science Regulator. Rennison has constructed the slogan based on the twelve guiding principles of surveillance cameras that form the recently published Surveillance Camera Code of Practice. In fact the twelve guiding principles are a re-working of fourteen golden rules created as part of an Independent Police Complaints Commission (IPCC) review of the police use of automatic number plate recognition (ANPR) cameras. The fourteen golden rules of the IPCC were broadly based (with some police stuff added) on the eight Data Protection Principles that make up the Data Protection Act 1998 – which is the statute that governs the use of CCTV and ANPR cameras.
Whilst the Surveillance Camera Code of Practice’s consultation document states that the twelve guiding principles “are considered to underpin the establishment and maintenance of surveillance by consent” [5] it appears the 1st principle is the linchpin of the slogan:
Use of a surveillance camera system must always be for a specified purpose which is in pursuit of a legitimate aim and necessary to meet an identified pressing need.
At first glance this might seem quite reasonable but this principle has been in place for some time and it has done nothing to curb the expansion of the surveillance state. The ICO 2008 CCTV Code of Practice [16] asks:
Is it [the proposed system] necessary to address a pressing need, such as public safety, crime prevention or national security?
And the ICO 2000 CCTV Code of Practice [17] states:
The First Data Protection Principle requires data controllers to have a legitimate basis for processing personal data, in this case images of individuals. The Act sets out criteria for processing, one of which must be met in order to demonstrate that there is a legitimate basis for processing the images.
In other words the first principle in the “new” Surveillance Cameras Code of Practice is a rehash of the ICO CCTV Codes of Practice, which are themselves a repeat of the Data Protection Act 1998. If it’s done nothing to curb the surveillance state until now, why would we expect it to be any better if we simply repeat it yet again?
The new code effectively says: keep doing what you are doing and without lifting a finger you’ll be protecting the freedoms of those you probably never even thought about, and to boot you have their consent. And as current systems are anyway bound by the ICO Code then they must already be “surveillance by consent” by default.
The rest of the “new” guiding principles of surveillance restate the other data protection principles – leaving a few spare principles to slot in surveillance industry related technical standards for equipment and training for operators (rehashed from the 2007 National CCTV Strategy) – exactly what you’d expect from a code of practice created under an act of parliament called “Protection of Freedoms” – that is provided you’re the author of a dystopian novel like ’1984′.

The problem with state created regulation

The government introduced this new code supposedly to “further regulate” CCTV – but, aside from the fact that they are just repeating existing regulations, the code and it’s cod philosophy demonstrate all too well that state created “regulation” is not the answer. All that regulation does is create rules for the “proper use” of whatever is being regulated instead of consideration of whether such intrusive measures should be used at all.
Before the Home Office’s new Code, before the ICO’s CCTV codes, before the Human Rights Act, when we were told that there were “no statutory, or other, controls on the use of public space CCTV systems”, the Local Government Information Unit published a code of practice for CCTV that stated: “No sound should be recorded in public spaces” [18]. Now that we have regulation and “further” regulation – the new Surveillance Cameras Code of Practice states: “Any proposed deployment that includes audio recording in a public place is likely to require a strong justification of necessity to establish its proportionality” [19]. So we have moved from a clear prohibition to a blueprint of how to use surveillance cameras shrouded in a lawyer’s code of euphemism and sheer cloudy vagueness.
A code created by the Home Office, the chief promoter within government of surveillance, is like asking a fox to come up with the best way of ensuring that the chicken coup is only ransacked when “necessary”, in a “proportionate” way, when there is a “legitimate purpose” and “pressing need” – “dinner by consent” if you will.

Consent and Choice

consent – verb: express willingness, give permission, agree – noun: voluntary agreement, permission, compliance
Oxford English Dictionary
As with “policing by consent” there is very little about actual consent in the principles used to create “surveillance by consent”. Real consent would require a meaningful debate about whether the meagre benefits of cameras are really worth trading for hard won freedoms. Consent would require the public to be well informed about the harm that cameras have on communities and about the dangers of blindly accepting every new surveillance technology. Consent would require there to be an actual choice – but all the mainstream political parties support the indiscriminate use of surveillance cameras, and the use of the national Automatic Number Plate Recognition (ANPR) camera network that has created automated checkpoints across the country. When politicians debate CCTV it almost always descends into an infantile squabble over who loves CCTV the most [20].
Real choice demands a wider assessment of surveillance technologies, both for existing and new technology. Neil Postman, author of ‘Technopoly’, suggested six questions [21] to assist in understanding how a technology intrudes itself into a culture – such questions should be the starting point of any discussion regarding surveillance technology:
  1. What is the problem to which this technology is the solution?
  2. Whose problem is it?
  3. What new problems might be created by solving the original problem
  4. Which people and what institutions will be most seriously harmed by this new technology?
  5. What changes in language are being forced by these new technologies?
  6. What sort of people and institutions gain special economic and political power from this new technology?
  7. p42, ‘Building a Bridge to the 18th Century’, Neil Postman, Vintage Books (1999)
Without seeking the real answers to these questions we will constantly be vulnerable to claims that upgrades to surveillance tools are needed, that the upgrades are required to tackle a pressing need or a growing threat, and we will be blind to where our society is headed. In his book ‘The Technological Society’, French sociologist Jacques Ellul, referring to the indiscriminate nature of police technology, warned:
The techniques of the police, which are developing at an extremely rapid tempo, have at their necessary end the transformation of the entire nation into a concentration camp.
p101, ‘The Technological Society’, Jacques Ellul, Vintage Books (1964)
With the publication of the Westminster government’s draft Surveillance Cameras Code of Practice a trojan horse has been snuck into every public space in England and Wales – and hidden inside is “surveillance by consent”.
If you believe that consent is something that should be given voluntarily and not something that can be taken by bureaucratic thieves in the night then make your voice heard. If you live in England or Wales then start by telling the Home Office what you think (details of how to respond are at the end of this article). If you live elsewhere in the world – watch out, “surveillance by consent” is no doubt coming to your country soon. If you do nothing, your inaction will be taken as your consent to be surveilled.

Surveillance Camera Code of Practice Consultation links

The consultation document can be downloaded from:
http://www.homeoffice.gov.uk/publications/about-us/consultations/surveillance-camera-consultation/consultation-document?view=Binary
The proposed Code of Practice can be downloaded from:
http://www.homeoffice.gov.uk/publications/about-us/consultations/surveillance-camera-consultation/code-of-practice?view=Binary
Responses can be submitted online at:
www.homeofficesurveys.homeoffice.gov.uk/v.asp?i=69377oduov
Or sent to:
Home Office
Police Transparency Unit
6th Floor Fry,
2 Marsham Street,
London, SW1P 4DF
Endnotes: