Friday, March 8, 2013

The Self-Defense Self-Delusion: Owning Guns Doesn’t Stop Gun Violence

                

The Self-Defense Self-Delusion: Owning Guns Doesn’t Stop Gun Violence

guncontrol
By Steve Rendall
In the gun lobby’s arsenal of propaganda, the claim that guns make people safer may be the most potent.
After all, while gun advocates make grandiose—and historically inaccurate (Consortium News, 12/21/12)—claims about the Second Amendment being designed to enable armed citizens to resist government tyranny, no sane person believes individuals armed with handguns and rifles would stand a chance against a trillion-dollar 21st century military backed by vast surveillance systems.
But protecting one’s family, home or person? That seems sensible enough. If guns make us safer, as they say, then having a gun for self-defense isn’t an irrational choice.
sociopath
The premise is regularly featured in news reports. This Week host George Stephanopoulos (ABC, 1/20/13) offered no challenge when former Republican Sen. Rick Santorum claimed, “There are more people who protect themselves and stop violence …happen[ing] to them with the ownership of a gun than [there are] people who commit crimes with a gun.”
Fox News, of course, where gun ownership is practically a sacrament, has featured a virtual rhumba line of pro-gun guests touting the virtues of safety by gun. Hannity’s January 18 show might as well have been renamed the NRA Hour, featuring first NRA CEO Wayne LaPierre stating that the vast majority of the American public “deeply believes in the Second Amendment, deeply believes they have a right to protect themselves”—followed by former Rep. Asa Hutchinson, director of the NRA’s National School Shield Project, who told gun-toting host Sean Hannity that the solution to school shootings was “to have the armed, trained presence there to really protect the children.”
It’s not just conservatives and Fox pundits who embrace the self-defense argument. Discussing gun regulations on CBS’s Face the Nation (12/16/12), anchor Bob Schieffer endorsed the view that protection was a legitimate rationale for gun ownership: “By now, the pros and cons of the gun issue are well known…. Of course, there are legitimate reasons for both pleasure and protection to own guns.”
On January 9, CNN’s Anderson Cooper presented a segment that gave more or less equal weight to arguments for and against the notion that guns make us safer, concluding that it’s hard to say for sure:
The one true thing that we know about the gun debate here at home, that neither side has a monopoly on the truth, or even the facts, because the facts can be so hard to establish. One side has studies linking gun ownership with violent death. But correlation is not causation.
The other side has research showing when people are allowed to carry concealed weapons, violent crimes slow down. Yet newer studies cast doubt on that conclusion.
Studying the problem is hard, said Cooper, “with a shortage of facts but a surplus of victims and anguish and loss, the debate so far has evolved into passionately stated and exclusively competing articles of faith.”
But is it really hard to study the effects of guns on public health and safety? And is the debate merely between competing articles of faith? Perhaps more to the point, does the evidence support Schieffer’s and the others’ claims that guns are a rational choice for self-defense?
The pro-gun crowd sure wants you to think so, promoting studies over the years claiming guns are used defensively thousands of times per day and that broader gun ownership makes communities safer, and repeating anecdotes in which guns are reported to have thwarted crimes.
A favorite study of these advocates is 1995’s “Armed Resistance to Crime: The Prevalence and Nature of Self-Defense With a Gun” (Journal of Criminal Law and Criminology, Fall/95), by Gary Kleck and Marc Gertz, which found that guns were used defensively about 2.5 million times annually in the U.S.—or almost 7,000 times a day.
Researcher John Lott conducted another study favored by gun advocates, published in his 1998 book More Guns, Less Crime, which claimed that increasing numbers of concealed carry permits in a given area are associated with decreasing crime rates.
Both studies have been convincingly challenged in the scientific community. In a 2004 meta-study of gun research, the National Research Council of the National Academies of Science found that Lott’s claims were not supported by his data. And when Lott misrepresented the report (New York Post, 12/29/04), the NAS published a letter (Deltoid, 1/26/05) listing his distor-tions. Shooting Down the More Guns Less Crime Hypothesis (11/02), a paper pub-lished by the National Bureau of Economic Research, found crime actually increased in states and locales where concealed carry laws had been adopted.
The Harvard School of Public Health’s David Hemenway took on Kleck in Survey Research and Self Defense Gun Use: An Explanation of Extreme Overestimates (Journal of Criminal Law and Criminology, 1997), demonstrating that because of the nature of the data, Kleck’s self-reported phone survey finding 2.5 million defensive uses of guns per year was wildly exaggerated. For example, Kleck says guns were used to defend against 845,000 burglaries in 1992, a year in which the National Crime Victimization Survey says there were fewer than 6 million burglaries.
Hemenway put together facts from the well-regarded NCVS—that someone was known to be home in just 22 percent of burglaries (1.3 million), and that fewer than half of U.S. households have firearms—and pointed out that Kleck “asks us to believe that burglary victims in gun-owning households use their guns in self-defense more than 100 percent of the time.”
Hemenway noted that respondents may also have a distorted view of “self-defense”—e.g., mistakenly thinking they are legally defending themselves when they draw a gun during a minor altercation. As the Harvard researcher and his co-authors in another study pointed out (Injury Prevention, 12/00): “Guns are used to threaten and intimidate far more often than they are used in self-defense. Most self-reported self-defense gun uses may well be illegal and against the interests of society.”
A National Crime Victimization Survey report, controlling for many of the methodological problems in Kleck, supported Hemenway, finding 65,000 defensive gun uses per year (NCVS Report, 1997). Current NCVS estimates are in the 100,000 range.
To assess the benefits and costs of pervasive gun ownership—there are currently 300 million firearms in the U.S., and roughly 80 million gun owners (CNSNews.com, 2/4/13)—it’s useful to compare the self-defense numbers to the gun crime numbers. The National Institute of Justice reported that in 2005, “11,346 persons were killed by firearm violence and 477,040 persons were victims of a crime committed with a firearm.” Or, to put it in starker terms, the FBI’s Crime in the United States report for 1998 found that for every instance that a civilian used a handgun to kill in self-defense, 50 people lost their lives in handgun homicides.
With a gun murder rate about 20 times the average of other industrialized countries (Washington Post, 12/14/12), it’s hard to argue with Hemenway’s conclusion (Harvard Injury Control Research Center, “Homicide”): “Where there are more guns, there is more homicide.”
A New England Journal of Medicine study (10/7/93) in 1993 concluded that a gun in the home raised the chances someone in a family will be killed by nearly three times, with the danger to women—who are more likely to be killed by a spouse, intimate or relative—even greater. A 1997 study in the Archives of Internal Medicine (4/14/97) reinforces that danger, finding that the homicide risk for women increased 3.4 times in a home with one or more guns. Taken together with the heightened risk of suicide and accidental deaths posed by guns in the home, these numbers demolish the argument that guns enhance family protection.
Much of the research on guns and public health dates back to the 1990s, it should be noted, because of the near total ban that Congress imposed on public funding for studies of guns and public health in 1996, singling out the Centers for Disease Control (CDC). “Scientific inquiry in this field has been systematically starved, and as a result almost no one does it,” University of California–Davis professor Garen Winte-mute told Huffington Post (1/10/13). The ban was driven by the NRA, whose anti-inquiry view is shared by gun researcher Lott; when conservative talkshow host Mark Levin (WABC, 1/16/13) asked Lott whether he wanted “the Centers for Disease Control to be delving into studying the gun issue,” Lott responded, “No, no, I don’t.”
In addition to underplaying the statistical case that guns are a destructive force in society, the media have largely ignored experts who can explain the practical reasons why guns are not necessarily a rational choice for self-defense. An exception was 20/20’s report, “If I Only Had a Gun” (ABC, 4/10/09), which explored the issue with firearms experts.
20/20 took a group of college students of varying familiarity with guns, and provided them with professional training exceeding the level required by most states for concealed carry permits. Then the producers recorded the students reacting to simulations in which an aggressive, active gunman entered a classroom. In every simulation, the student failed to stop the aggressor and was badly or fatally wounded; in one instance, the student narrowly missed shooting a victim of the assault.
According to the weapons experts 20/20 consulted, only professionals who drill continuously in live shooter situations can hope to succeed in such chaotic situations. Firearms instructor Glen Dorney told host Diane Sawyer, “Even police officers, through extensive training, if you don’t continue with your training, ongoing training, it’s a perishable skill. You’ll lose it.” When Sawyer asked him, “How long before you’re going to lose it, even at your level of training?” Dorney answered, “If you go for a month to two months without training, you lose it.” A Time feature (1/16/13) that looked at how unpredictably even well-trained police respond to crisis situations came to similar conclusions.
The debate over the wisdom of wholesale arming of citizens for the purpose of self-defense is not a debate between two sides arguing “articles of faith,” and there is no shortage of facts. The verdict has been in for years: Guns, as they are bought and sold and regulated in U.S. society, do far more harm than good. And if we had a media culture where public health actually mattered in discussions of guns, the argument that they are helpful for protection or self-defense would be relegated to the margins.

Bev Stayart Loses Yet Another Battle Against Levitra, Cialis And Search Engine Results

from the knocking-the-wall-down,-one-head-on-collision-at-a-time dept

Bev Stayart, tireless bringer of lawsuits against various search engines for their supposed besmirchment of her good name by placing it next to words like "Levitra," "Cialis," and various porn-related ads, has batted a solid .000 thus far in her legal career.

In 2009, she sued Yahoo! for violating the trademark on her name (no. really.) with its search results, which often produced listings for porn sites and malware. (She, or her legal counsel/husband, also found time to threaten Techdirt with a lawsuit if it didn't remove certain comments on the original post. Techdirt didn't and the lawsuit failed to materialize.) This suit was dismissed later that year, with the court denying her request to refile.

So, Stayart tried a different tack, suing Yahoo! for violating her "privacy rights." This suit was also tossed. In between filing suits against Yahoo! and having them tossed, Stayart filed another "pissed-off-at-search-engines" suit against Google, this time because her name seemed inextricably linked with Levitra in Google's suggestion box. This suit was dismissed as well, as she again failed to prove that her name was a marketable term eligible for trademark protection. All the while, the obvious solution has continued to elude her --- stop suing and mentioning porn, malware and Levitra in your lawsuits and your name might stop being connected with those terms by search engine algorithms.

The latest court decision keeps her hitless string intact, again finding in favor of Google. Stayart's latest angle was to claim Google "misappropriated" her name because (mostly thanks to her legal efforts), "bev stayart levitra" remains a top search suggestion.
On Wednesday, however, the 7th Circuit Court of Appeals tossed her yet another loss in her lawsuit against Google, upholding a decision made by a district court in 2011. In the appellate case, Stayart argued that her rights under Wisconsin's right to privacy laws had been violated under §995.50(2)(b).

"The use, for advertising purposes or for purposes of trade, of the name, portrait or picture of any living person, without having first obtained the written consent of the person or, if the person is a minor, of his or her parent or guardian" constitutes an invasion of privacy, the law states.

But the Court disagreed.

"Stayart has not articulated a set of facts that can plausibly lead to relief under Wisconsin's misappropriation laws," the court wrote (PDF).

In fact, the court cited her own previous case against Yahoo!, in which that court found that there had to be a "substantial rather than an incidental connection between the use and the defendant's commercial purpose."
Many have tried but very few have proven (even in friendlier courts) that search engine algorithms just "have it in" for some people, linking them with ED drugs, porn, malware, Russian gang activity, etc. These many "victims" all share the same self-destructive tendency to file and refile lawsuits, with each filing further cementing the link between their names and the terms they'd rather not have connected with them.

But this lesson remains lost on Stayart. It looks like she's ready to step up to the plate again, in hopes of finally getting on base.
Stayart called Ars back, and said that she vehemently disagrees with the decision, and is considering appealing the case to the United States Supreme Court, as well as other suits. However, she noted that her counsel (also, her husband) will make those decisions.
She adds that she feels the decision was "economically-based" and favored the "one percent." I'm really not sure exactly WHY she feels this way, but I'm sure the future will be full of opportunities for her to explain herself. And when the legal paper starts flying again, Stayart will find herself relentlessly pursued across various search engines by her old nemeses, Levitra and Cialis.      
Bev Stayart Loses Yet Another Battle Against Levitra, Cialis And Search Engine Results
Bev Stayart Loses Yet Again In Her Quixotic Quest To Blame Search Engines For Search Results She Doesn't Like
Yet Another Person Sues Google Because They Don't Like Pornographic Results When People Search On Their Name
Court Once Again Dismisses A Bev Stayart Lawsuit
Bev Stayart Strikes Again: Sues Google Over The Infamous 'Levitra' Connection
Bev Stayart Sues Yahoo Again For Violating Her Privacy Rights
Court Dismisses Case Against Yahoo From Woman Upset How She Appeared In Results
Woman Sues Yahoo Because Search On Her Name Links To Porn And Malware

9th Circuit Appeals Court: 4th Amendment Applies At The Border; Also: Password Protected Files Shouldn't Arouse Suspicion

from the well-that's-a-surprise dept  http://www.techdirt.com/articles/20130308/13380622263/9th-circuit-appeals-court-4th-amendment-applies-border-also-password-protected-files-shouldnt-arouse-suspicion.shtml

Here's a surprise ruling. For many years we've written about how troubling it is that Homeland Security agents are able to search the contents of electronic devices, such as computers and phones at the border, without any reason. The 4th Amendment only allows reasonable searches, usually with a warrant. But the general argument has long been that, when you're at the border, you're not in the country and the 4th Amendment doesn't apply. This rule has been stretched at times, including the ability to take your computer and devices into the country and search it there, while still considering it a "border search," for which the lower standards apply. Just about a month ago, we noted that Homeland Security saw no reason to change this policy.

Well, now they might have to.

In a somewhat surprising 9th Circuit ruling (en banc, or in front of the entire set of judges), the court ruled that the 4th Amendment does apply at the border, that agents do need to recognize there's an expectation of privacy, and cannot do a search without reason. Furthermore, they noted that merely encrypting a file with a password is not enough to trigger suspicion. This is a huge ruling in favor of privacy rights.

The ruling is pretty careful to strike the right balance on the issues. It notes that a cursory review at the border is reasonable:
Officer Alvarado turned on the devices and opened and viewed image files while the Cottermans waited to enter the country. It was, in principle, akin to the search in Seljan, where we concluded that a suspicionless cursory scan of a package in international transit was not unreasonable.
But going deeper raises more questions. Looking stuff over, no problem. Performing a forensic analysis? That goes too far and triggers the 4th Amendment. They note that the location of the search is meaningless to this analysis (the actual search happened 170 miles inside the country after the laptop was sent by border agents to somewhere else for analysis). So it's still a border search, but that border search requires a 4th Amendment analysis, according to the court.
It is the comprehensive and intrusive nature of a forensic examination—not the location of the examination—that is the key factor triggering the requirement of reasonable suspicion here....

Notwithstanding a traveler’s diminished expectation of privacy at the border, the search is still measured against the Fourth Amendment’s reasonableness requirement, which considers the nature and scope of the search. Significantly, the Supreme Court has recognized that the “dignity and privacy interests of the person being searched” at the border will on occasion demand “some level of suspicion in the case of highly intrusive searches of the person.” Flores-Montano, 541 U.S. at 152. Likewise, the Court has explained that “some searches of property are so destructive,” “particularly offensive,” or overly intrusive in the manner in which they are carried out as to require particularized suspicion. Id. at 152, 154 n.2, 155–56; Montoya de Hernandez, 473 U.S. at 541. The Court has never defined the precise dimensions of a reasonable border search, instead pointing to the necessity of a case-by-case analysis....
For years, we've repeated two key arguments for why border searches of laptops and other devices should be illegal.
  • You mostly store everything on your laptop. So, unlike a suitcase that you're bringing with you, it's the opposite. You might specifically choose what to exclude, but you don't really choose what to include.
  • The reason you bring the contents on your laptop over the border is because you're bringing your laptop over the border. If you wanted the content of your laptop to go over the border you'd just send it using the internet. There are no "border guards" on the internet itself, so content flows mostly freely across international boundaries. Thus if anyone wants to get certain content into a country via the internet, they're not doing it by entering that country through border control.
We'd never seen a court even seem to acknowledge that content on devices is different than contents in a suitcase... until now. One interesting tidbit, is that they specifically note that "secure in their papers" part of the 4th Amendment, while noting that what's on your device is often like your personal "papers."
The amount of private information carried by international travelers was traditionally circumscribed by the size of the traveler’s luggage or automobile. That is no longer the case. Electronic devices are capable of storing warehouses full of information. The average 400-gigabyte laptop hard drive can store over 200 million pages—the equivalent of five floors of a typical academic library.... Even a car full of packed suitcases with sensitive documents cannot hold a candle to the sheer, and ever-increasing, capacity of digital storage.

The nature of the contents of electronic devices differs from that of luggage as well. Laptop computers, iPads and the like are simultaneously offices and personal diaries. They contain the most intimate details of our lives: financial records, confidential business documents, medical records and private emails. This type of material implicates the Fourth Amendment’s specific guarantee of the people’s right to be secure in their “papers.”.... The express listing of papers “reflects the Founders’ deep concern with safeguarding the privacy of thoughts and ideas—what we might call freedom of conscience—from invasion by the government.”... These records are expected to be kept private and this expectation is “one that society is prepared to recognize as ‘reasonable.’”

Electronic devices often retain sensitive and confidential information far beyond the perceived point of erasure, notably in the form of browsing histories and records of deleted files. This quality makes it impractical, if not impossible, for individuals to make meaningful decisions regarding what digital content to expose to the scrutiny that accompanies international travel. A person’s digital life ought not be hijacked simply by crossing a border. When packing traditional luggage, one is accustomed to deciding what papers to take and what to leave behind. When carrying a laptop, tablet or other device, however, removing files unnecessary to an impending trip is an impractical solution given the volume and often intermingled nature of the files. It is also a time-consuming task that may not even effectively erase the files.
Huh. That last paragraph sounds a lot like my argument above. Very cool to see a court actually recognize this basic point. Considering it had been ignored for so long, I'd almost given up hope.

In this case, they also noted that part of the forensic analysis of the computer involved restoring deleted files, and note:
It is as if a search of a person’s suitcase could reveal not only what the bag contained on the current trip, but everything it had ever carried.
The court is equally worried about the fact that the device is often just a portal to cloud based services, and how a search of a device might lead to access to that data, even if it's been snug and secure "in the cloud" the whole time, rather than crossing the border:
With the ubiquity of cloud computing, the government’s reach into private data becomes even more problematic.12 In the “cloud,” a user’s data, including the same kind of highly sensitive data one would have in “papers” at home, is held on remote servers rather than on the device itself. The digital device is a conduit to retrieving information from the cloud, akin to the key to a safe deposit box. Notably, although the virtual “safe deposit box” does not itself cross the border, it may appear as a seamless part of the digital device when presented at the border. With access to the cloud through forensic examination, a traveler’s cache is just a click away from the government.
Of course, this doesn't mean that no searches can ever take place. Instead, they just need to be "reasonable" and live up to the standards of the 4th Amendment. In fact, in this very case they still say that there was "reasonable suspicion to conduct the initial search, and that appears like it may be a legitimate claim (the guy had a previous conviction for child molestation, which the agents believed -- incorrectly, but they believed it at the time -- was for child porn). But for everyone else, where there is no reasonable suspicion, our 4th Amendment protections just got stronger (at least if you're entering the country in an area covered by the 9th Circuit (covering California, Alaska, Arizona, Hawaii, Oregon, Nevada, Washington, Idaho and Montana).

There's one other important part of the ruling as well. In discussing the "reasonable suspicion" the court agrees it was there because of the prior conviction, as well as the fact that guy was travelling from Mexico which is "a country associated with sex tourism." However, the government also argued that password protected files gave them reasonable suspicion, and thankfully the court slaps them down:
To these factors, the government adds another—the existence of password-protected files on Cotterman’s computer. We are reluctant to place much weight on this factor because it is commonplace for business travelers, casual computer users, students and others to password protect their files. Law enforcement “cannot rely solely on factors that would apply to many law-abiding citizens,” ... and password protection is ubiquitous. National standards require that users of mobile electronic devices password protect their files.... Computer users are routinely advised—and in some cases, required by employers—to protect their files when traveling overseas....
There are some dissenting opinions, basically suggesting that this upturns more settled law, but the majority ruling makes a strong case for why the Supreme Court has actually not really directly answered this question before, but has tiptoed carefully around it. Still, it seems likely that there will be an appeal to the Supreme Court, so this probably isn't over yet. Hopefully, the Supreme Court will uphold this important ruling, and recognize that we don't give up our 4th Amendment rights at the border.

The Only Way To Stop File Sharing Is To Stop Private Communications

from the good-luck-with-that dept

Christian Engstrom, one of the Pirate Party's elected officials in the EU Parliament, has a straightforward, but completely worthwhile read, about how copyright law today simply doesn't fit with what technology has enabled. He worries that the laws are making nearly everyone a criminal -- and worse, that the direction of change has to make it even worse, not better.
It is impossible to enforce the ban against non-commercial file sharing without infringing fundamental rights. As long as there are ways for citizens to communicate in private, they will be used to share copyrighted materials. The only way to even try to limit file sharing, is to remove the right to private communication. In the last decade, this is the direction that copyright enforcement legislation has moved in, under pressure from big business lobbyists who see their monopolies under threat. We need to reverse this trend, in order to safeguard the fundamental rights.
Furthermore, he notes that when you look at the actual details, it certainly does not show an industry in trouble. Perhaps parts of the industry -- the parts betting on distribution over plastic discs -- have had some trouble. But the rest looks pretty damn good:
In the economic statistics, we can see that household spending on culture and entertainment is slowly increasing year by year. If we spend less money on buying CD records, we spend more on something else, like for instance going to live concerts. This is great news for the artists. An artist will typically get 5-7% of the revenues from a CD record, but 50% of the revenues from a concert. The record companies lose out, but this is only because they are no longer adding any value.

It may well be that it will become more difficult to make money within some parts of the cultural sector, but if so, it will become easier in some other — including new ones, that we have not even imagined so far. But as long as the total household spending on culture continues to be on the same level or rising, nobody can claim that the artists as a group will have anything to lose from a reformed copyright.
Finally, he compares the way the entertainment industry today reacts to file sharing to the way book publishers reacted to public libraries:
When public libraries were introduced in Europe 150 years ago, the book publishers were very much opposed to this. The argument they used was the same one that is being used today in the file sharing debate: If people could get access to books for free, authors would not be able to make a living, and no new books would be written.

We now know that the arguments against public libraries were wrong. It quite obviously did not lead to a situation where no new books were written, and it did not make it impossible for authors to earn money from writing. On the contrary, free access to culture proved to be not only a boon to society at large, but also turned out to be beneficial to authors.
But rather than learning from history, the industry still seeks to deny it.

What To Do If You Are Served By A Copyright Troll

Respond!

DFT1With all the recent Prenda Law (Steele Hansmeier Duffy Lutz Saltmarsh…) insanity going on, it has been hard to focus on other Copyright Trolls needing our attention.  The Prenda Law ship is taking on water and the fallout from this is going to have an effect on all the Copyright Trolls.  One Copyright Troll that needs continual attention is Keith Lipscomb, Lipscomb, Eisenberg & Baker, PL.  Troll Lipscomb is different from John Steele in that he is smart enough to try to maintain a low-profile and not stick his foot in his mouth.  A major customer of Lipscomb is Malibu Media (X-Art, Colette Leah, Brigham Field).
A recent development in the Malibu Media cases is a combination of filing single named defendants based off previous smaller mass-Doe cases.  There appears to be three differences from previous filings –
  • Defendants receive an “Exculpatory Evidence” letter
  • Defendants are served a summons/complaint
  • Lipscomb submits an exhibit showing multiple alleged infringed movies (some may noteven be Malibu Media owned) being shared by the public IP address over a long time-period (“extended surveillance”)
It appears Troll Lipscomb is trying to add additional pressure to non-settling Does, under the guise of “please tell me why you didn’t do this and we will not sue you.”  Sound all good and fair, but that is not the case.  Lipscomb has already made a determination to extort pressure on the ISP subscriber based on their alleged BitTorrent monitoring activity.  By the time they have sent these letters, they already have conducted their “extended surveillance” and made up their mind.
The focus of this article is what to do if you find yourself in this situation.  I will stress that these are my opinions and it is not to be taken as legal advice.  Each defendant is different, as well as the case details that must be taken into consideration.  Important point – “Copyright Infringement may cost you, but perjury may get you thrown in jail.”
  1. DON’T DEFAULT!  That means stick your head in the sand and ignore the summons.  There are better ways to respond.  Note: if you are in a jurisdiction that hands out small default awards it could work out to your favor.  BUT – a default has the possibility of being up to $150K plus attorney fees.  Be warned.
  2. Hire or at least consult with an attorney knowledgeable with these types of cases.  A knowledgeable attorney will be able to help you with responding to the summons in a manner that best suits you.  The response could be an effort to work out a settlement or a full-out denial and counterclaims. Yes it will cost you money.  Sorry, but sometimes the cost is worth it.  Please note that many of the attorneys on the EFF list are overwhelmed with requests for assistance.  Pro Bon representation is not a likely option, but it doesn’t hurt to ask.
  3. If you cannot afford an attorney, file some sort of response to the summons/complaint.  Don’t make it easy for the Troll.  To quote a very knowledgeable person on this – “Any response (even a terribly written one) is better than no response.”  Your response is simply an answer to each of the allegations laid out in the complaint.  You only respond to each allegation with either “ADMIT”, “DENY”, or “DON’T KNOW.”  There is no reason to go into any details or evidence at this stage.  The evidence will come out in the deposition and/or trial – if it ever gets that far.
Examples of allegations and responses for each one:
  • Complaint – 14. Plaintiff is the owner of United States Copyright Registration Number PA000XXXXXXX (the “Registration”) for the motion picture entitled “POS Porn Movie” (the “Work”).
  • Defendant Response – Defendant denies Plaintiff’s allegations in Paragraph 14, because Defendant does not have sufficient knowledge or information to form a belief about the truth of the allegations.
  • Complaint – 19. Each Defendant installed a BitTorrent Client onto his or her computer.”
  • Defendant Response – Defendant denies the allegations in Paragraph 19.
  • Complaint – 31. Each Defendant went to a torrent site to upload and download Plaintiff’s copyrighted Work.
  • Defendant Response – Defendant denies the allegations in Paragraph 31.
Here is an article for a Colorado Doe who filed a response to a Malibu Media complaint.  You can also see the Doe listed out “affirmative defenses” and “Counterclaims.”   You answer all the allegations, sign, date, and file it with the appropriate court.  Please contact the clerk of the court for assistance in filing an answer.
For majority of these cases, the claims will be for Direct Copyright Infringement, Contributory Copyright infringement, and possibly Negligence.  Negligence is pretty much a dead issue, but I don’t put it past Troll Lipscomb to have it in the complaint.
I would like to point out that one of the problem Doe Defenders have been having with the courts is obtaining an award of reasonable attorney fees when the Trolls dismiss their cases.  I believe this is going to change in time, but currently this is one reason the Trolls have very little fear in filing these weak-a$$ cases.  It appears many of the courts do not like to award attorneys fees to the prevailing party if it is a result of the dismissal and not judged on the merits of the case.  Even when a defendant is dismissed a second time for the same allegation (thus considered judged on the merits – “Two Strikes Rule“), the courts don’t always award attorney fees without a fight.  I find this logic strange, as the court clearly understands to be able to best defend oneself requires an attorney (at a substantial cost).  No offense to the Pro Se defendants, but the attorneys have more knowledge and experience and it shows.

What Comes Next?

Case management meeting/hearing between both sides.  This where both sides try to work out the schedule for discovery (depositions, forensics, experts, etc.), and trial dates.  Depending on the agreement between both sides, what happens first can vary.
  • Document discovery.  This could be additional ISP records showing DMCA take-down notices, or records of IP address usage for an extended period.
  • Depositions.  This is where both sides have the opportunity to interview key personnel in an effort to develop evidence.  This is where a defendant would be interviewed by a Troll.  The questions would be focused around finding out anything about you or others in the residence that would aid their case – BitTorrent use, admission of downloading sharing Plaintiff’s movies, destruction of evidence, etc.  This goes both ways, so you could request to interview the technician who conducted the IP monitoring for your case.  Not something Troll Lipscomb wants to happen.
  • Forensics.  Analysis of the systems involved is a key (if not risky) point for the Troll.  It is expensive and if it comes back with nothing, they are hurting.  The Troll has no idea if any of the systems currently in the residence were present during the period of alleged infringement.  Only consent to a neutral party doing the forensic analysis and that Plaintiff pays for it.  Also make sure to limit the scope of the examination to only relevant information – BT software, Plaintiff’s movie(s) in the complaint, and torrent file that corresponds to the movie(s) in question.
Many things can happen during this period, but for most of the people involved so far, the cases tend to languish on the court docket unless the Troll can find something to pressure a settlement.  It is extremely unlikely the Troll will dismiss the case because the depositions and forensic come back with nothing.  They will simply claim you destroyed evidence or removed the offending system from the network.  If all their discovery efforts come back negative, the best they can do is make innuendos.

So What Is An Option?

If it gets to a point where the Troll doesn’t have any “real” evidence to show the defendant is responsible, a motion for a summary judgment can be made.  This is where the defendant asks to court to rule on the evidence (lack of it) and make a judgment as to if Plaintiff has proven its case.  WARNING: This is a risky motion, but for the truly innocent (no real evidence against them) it is a real option to keep in mind.  If the judge rules in favor of the defendant, the case is over.  If he rules for the Plaintiff, then it moves to determination of damages.  After such a judgement, an award of attorneys fees is easier, as it has been judged on its merits.
A thing to remember is that even with all these recent changes to Troll tactics, they have still never taken anyone to trial and had a case judged on its merits – NEVER!  Why?  Because they chose not to.  This speaks volumes!  IMO, even if they have some real evidence showing guilt, they will still be loath to exposure the details of their operations in open court.
Bottom lineIf you are served with a summons/complaint, do something instead of sticking your head in the sand.
DieTrollDie :)

How To Answer A Summons From A Copyright Troll

As a follow-up piece on what to do when served, I thought it might be a good to provide a “template” answer document.  *** Now I will caution those of you that are considering using such a template.  If you are at this stage in the legal process, I would highly recommend at least consulting with an attorney knowledgeable with these types of cases.  Something like this can help or hinder you – depends on how you use it.
A421The template {Answer_Template} is nothing more than a starting point for you to truly make it your “own” answer to the complaint.  Please do not simply add your name and mail it off.  You will have to edit the template to accurately respond to the complaint against you.  Each Troll complaint is a little different and you need to be aware of this.  Failure to do this correctly can lead to embarrassment (best case) or possibly providing a false statement (worst case).  Please don’t lie on any legal documents, as you can get into some serious trouble.  
The answer is a simple response to the complaint that was filed against you.  You address each point in it with either an admission, a denial, or that you don’t know.  I would not go into detail on why specific aspects of the complaint are wrong, but some additional information may be beneficial.
I would not recommend admitting to anything in the complaint, with the exception of the very mundane.  If you admit anything, you are essentially stipulating (agreeing) with the Troll.  This may become an issue later if you decide to argue a point previously agreed on.  This also makes the Troll prove all their points in the case – don’t make it easy for them to sue you.
Here are some of the general responses
  • Defendant denies the Plaintiff’s allegations in Paragraph 2.
  • Defendant denies the Plaintiff’s allegations in Paragraph 3, because the Defendant does not have sufficient knowledge or information to form a belief about the truth of the allegations.
You will see in the template that for a few of the answers I do expand the response a bit.
  • Defendant denies the Plaintiff’s allegations in Paragraph 8. Even if the IP address in question was associated with the Wireless Firewall/Router (WFR) or network located at Defendant’s residence, those facts still do not give rise to personal jurisdiction over the Defendant. An IP address is not a person, rather it is merely a series of numbers assigned to a computer or device, which can be accessed by multiple individuals over time. Moreover, an IP address can be simulated from a separate location by an unscrupulous individual, meaning that Plaintiff’s software could inadvertently flag an innocent IP address if it is being simulated or spoofed by another.
For this template, I used the Malibu Media complaint against John Doe, IP address 174.51.234.104, filed on 5 Feb 13, in the District of Colorado.   complaint_00307(CO)   EX_A_7movies_00307(CO) EX_B_7movies_00307(CO)  EX_C_othersharedmovies_00307(CO) EX_D_ExculpEvidLetter_00307(CO)    I don’t know the Defendant in this matter and simply picked the case at random.  Read them side-by-side and you will see how the answer works.

Defenses

The next part of the answer is providing a list of possible defenses, and a caveat that other defenses may be added at a later time.   Some of the defenses are
  • Declaratory Judgment
  • Failure to State a Valid Cause of Action
  • De Minimis Non Curat Lex
  • Failure to Mitigate Damages
  • Innocent Infringement
  • Barring Statutory Damages and Attorney Fees
  • Failure to Join an indispensable Party
  • Communication Decency Act
  • License, Content, and Acquiescence
  • Unclean Hands
  • Injunctive Relief
The last part of the answer is the prayer for relief, your signature/date, and the certification of service showing you provided the Troll with a copy.
You may ask what about counterclaims.  That is a possibility and can easily be added to your answer.  The intent of this article was to give people a starting point to respond pro se if they determined hiring a lawyer is not possible.

Filing The Answer

This can be done in person at the court or via mail.  After making two copies (for you and the Troll), mail the original to the court and one copy to the Troll.  The various court addresses can be found on their Web sites.  Contact the clerk of the court if you are unsure of the address or have other questions.  The address of the Troll can be found at the bottom of the complaint.

What Is Next?

Various motions could be filed, followed by the discovery phase.  By at least responding to the summons/complaint, you are not making it easy for the Troll to obtain a default judgment.  If the Troll is truly determined to continue the case, they are going to have to spend additional time and money.  This hurts their bottom line.  Without having any real evidence or a desire to expose their operation in open court, there is a good possibility they will attempt to have the case dismissed directly or indirectly.
DieTrollDie :)

Copyright Troll Offender Profiling – The Likely Suspect

It is no surprise that the various Copyright Troll outfits use some sort of filter to try determine who will respond best to their pressure.  Notice I do not say their efforts are designed to fully “identify the true infringer.”  Their efforts will undoubtedly identify “some” infringers, but not all.  The potential for error is there and the business model does not work well with the error factor.  So what is a Troll to do?  Press on like there is no error factor and rationalize their actions as just and right.

Here is what true Offender Profiling looks like

Clearly, then, there is a close relationship between profiling and ‘conventional’ detective work.  However, profiling differs from conventional detection in its attempt to use information about how an offence was committed to make suggestions about the psychological characteristics of the offender. Profiling cannot tell police exactly who committed an offence, but it potentially can make predictions about the characteristics an offender is likely to possess. This can help police target their investigation more effectively and prioritise suspects once they have been identified.  {What is offender profiling?, Aidan Sammons, psychlotron.org.uk}
In no way do I equate the efforts of the Trolls to anything to a true profiling effort.  In profiling you use the available information to help target and prioritize suspects.  This is the same as using the scientific method of letting the facts speak for themselves.  What the Trolls are doing on average is to try to make the facts fit into their belief that the ISP subscriber or family members are responsible.
As the description above indicates, offender profiling is used to “help” the investigation, not be the mainstay of it.  The Trolls will claim it is otherwise, but for the majority of the cases to date, any real investigative effort is minimal or possibly non-existent.
In one of my recent posts the local Troll only spent one hour on investigative work for a case.  For the Navsca case (3:12-CV-02396), the investigative work appears to be the running of a LexisNexis Accurint report (http://www.accurint.com/) on the ISP subscriber, Internet searches (Google), and an analysis of the results.  According to Paul Hansmeier (19 Feb 13 deposition – PHanmeier_Redac_Trans_08333(CA)), from the Accurint report, they try to determine the personnel living at the residence.
(Pietz) Q. Can I interrupt you. Can you tell us which particular services were used in this case?
(Hansmeier) A. I believe the service that was used in this particular case is a service called Accurint, A-C-C-U-R-I-N-T.
(Pietz) Q. And were there any other database searches conducted on the ISP subscriber?
(Hansmeier) A. To the extent you consider Google to be a database. The most formal database search and background search of the household was done through Accurint.  {Page 214}
Once they obtain the names, gender, and ages of the residents, they try to remove those persons that don’t fit their existing profile – namely females.  Paul Hansmeier did say it is not an automatic removal, but it is unlikely that a female would be the offender (Page 225).  The age of the residents are also used to rule out possible infringers (Pages 228 – 229).
While this going on, Prenda is also attempting to contact the ISP subscriber via letters and telephone calls.  This communication is in hopes of attaining a settlement or developing additional information to support their case.
They then attempt to evaluate everyone in the household on their technical competence in relations to computers.  Prenda Law believes that only people with a technical background are capable of running BitTorrent (Page 227).  No independent basis for this assumption was provided.
(Hansmeier) A. So the next step in the process — or the intensive process is doing significant research on these individuals through subsequent reports through finding out what these people do, what their educational background is, what their hobbies are, what evidence there is of them being involved in computer communities, checking out handles online and seeing if there’s some way to link someone on one of these piracy sites to one of these individuals and build as complete a profile as possible to determine whether someone is the likely infringer.
Now take a look at the last sentence from Paul Hansmeier.  Their profile (after an “intense process”) only provides them information to say who the “likely” infringer is.  LIKELY.
Prenda also takes a look at physical location of the residence in relation to neighbors and/or streets where unknown individuals could possibly access the ISP subscribers Internet WiFi connection (Page 229).  They use Google Maps.
Prenda Law assesses how long the BitTorrent activity has been occurring from the public IP address (Page 229).  They are of the opinion that prolonged BitTorrent activity is indicative of guilt.  I guess they never thought a neighbor could abuse an open WiFi connection over time.

likelycats1Prenda Law “LIKELY” Profile

Base on what Paul Hansmeier stated and other cases (link to other Ranallo case), I will make an estimate of who Prenda Law thinks is the likely infringer prior to naming them.
  • Male
  • Age – pubescent through pre-senior citizen
  • Technical background – a job with some specialized knowledge and experience in computers and network.
  • Plays computer games – Don’t laugh, I’m serious.  Watch out “Call of Duty” players.
  • Has an active “Online” presence – Facebook is like crack to some people.  In guess that means something to Prenda Law.
Here are some other factors Prenda Law will use to further try to rationalize their “Likely” infringer view.
  • Watches porn – Oh boy, that means a good majority of people probably guilty.
  • Specialized software – If you happen to use CCLeaner, Prenda is of the opinion you are destroying evidence (page 230).
(Paul Hansmeier) …And then — I mean, the follow-up I make to that is that Mr. Navasca’s deposition I think shows and is a great illustration of the effectiveness of our process. We had a guy there who uses technical – or who has a technical background, who does a lot of stuff with computers. I think I remember reviewing the transcript and seeing that he uses — plays games two hours a night. And further, frankly, the fact that he had that program on his computer where he’s destroying the forensic evidence that we would need to prosecute him.
Even if you have a program on your computer that is expressly designed to wipe files and drives (CCleaner isn’t expressly designed for this), it does not mean you are destroying evidence.

So where do you stand?  Are you one of the likely suspects?

As I have previously said, the Trolls don’t like to do investigations, as it brings down the profit margin.  Speaking of profit, see page 206-207 in the deposition – 6681 Forensics LLC is paid $6,000 a month from AF Holdings LLC!
11 March 2013 – should be interesting.
DieTrollDie :)

The Age of Enhancement

Technology is starting to give us superpowers once reserved for comic-book heroes.

A long night exposure of one of Switzerland's most notable mountains, Eiger Peak, in the Bernese Alps.
A long night exposure of one of Switzerland's most notable mountains, Eiger Peak, in the Bernese Alps. Photo by Joe Klamar/AFP/Getty Images
In the summer of 1935, a pair of Bavarian climbers arrived in the Bernese Alps, hoping to become the first people ever to scale the monstrous north face of the mountain known as the Eiger. On their first day, they made good progress. On the second day, less so, and on the third, even less. Then a storm swept over the mountain and they froze to death. The next year, four more mountaineers attempted the face, and all four died. After a third failed attempt in 1937, a quartet of climbers finally reached the summit in 1938, taking three days to get there.
Twelve years and many more fatalities later, a pair of climbers managed to surmount the Eiger in 18 hours. The 1960s saw the first successful solo climb. In 1988, Alison Hargreaves climbed the Eiger while six months pregnant. By the 1990s, people were making the climb in the dead of winter. In 2008, Swiss climber Euli Steck speed-climbed the peak, solo, in winter, in 2 hours, 47 minutes, and 33 seconds. You can watch the video. Last month, a trio of Brits stood on a ledge near the top of the Eiger, then spread their arms and legs like wings and flew down.
The Eiger hasn’t gotten any shorter or less steep, nor the conditions any gentler. Rather, humans have grown stronger, more skilled, and better equipped. The relative ease of scaling the Eiger today is the result partly of a series of portable and wearable technologies—ultralight synthetic fabrics, custom crampons—that have turned human climbers into superhuman climbing (and flying) machines. But lest you think it's all in the tools, American Dean Potter ascended the face in 2008 with his bare hands.
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Granted, the ability to climb an Alp in less than three hours isn’t a particularly dramatic superpower by comic-book standards. It’s not like anyone’s leaping to the summit in a single bound. But if Marvel and DC Comics have conditioned us to think of superhuman abilities as freakish and far-fetched, science and history are teaching us otherwise. It turns out we don’t need genetic mutations, lightning strikes, or laboratory experiments gone awry to produce people with extraordinary physical and mental capabilities. Human enhancement is happening all the time, largely through incremental improvements on existing technologies. And contrary to those who would have you believe that the golden era of innovation is behind us, the rate of this progress shows no signs of slowing. It just doesn’t always follow the paths that the experts predict.
Ten years ago, Slate editor David Plotz wrote a series of stories examining the ways in which scientists believed humans could better their vision, strength, memory, alertness, and hearing, primarily through drugs or surgery. His “Superman” series examined emerging technologies ranging from retinal implants and prosthetic ears to gene therapies and memory drugs. Today, many of those possibilities remain frustratingly just over the horizon. In some cases, we’re hardly any closer to realizing them than we were in 2003. And some technologies that were newly available then, like the alertness drug modafinil, have grown in popularity even as they’ve proved less revolutionary than their most ardent supporters (and critics) had hoped or feared.
In the meantime, a new crop of enhancement technologies has captured the attention of the media, the dollars of investors, and the scrutiny of ethicists. Some of the potentially most transformative achieve their effects not through biochemistry but by means of electronic devices that connect our brains to external sources of knowledge, sensory data, or physical power. We may not have gotten any closer to being able to put memory chips in our brains, but who needs those when we’re all walking around with the entire contents of the global Internet in our pockets—or on our faces?
The story of the Eiger reminds us that wearable technology isn’t an entirely new trend. But it’s taking off today in more ways than you might think. Muscle suits, long elusive, are starting to look more plausible, at least for specific purposes such as lifting a hospital patient out of bed. The military is working on “Spider-Man suits” that let the wearer scale vertical walls. We may never get our hoverboards, but jetpacks are already starting to give certain daredevils a superpower that humans have coveted since Icarus.
But perhaps the most astounding enhancement technologies that have begun to enter the realm of reality in recent years are devices that interact directly with the human brain. Products now on the market can use things like your skin conductance, facial expressions, and perhaps even brain waves to detect your emotions and intentions, albeit crudely. In the medical realm, cochlear implants can restore some hearing to the deaf. Future neural implants could allow humans to manipulate real-world objects with their minds—a power some have likened to telekinesis. Incredibly, this may already be happening. In North Carolina in 2008, researchers got a monkey thinking hard about walking—and in Japan, a pair of robotic legs began to do just that, controlled by the monkey’s brain activity via the Internet. And last December, a quadriplegic woman in Pittsburgh used electrodes implanted in her motor cortex to feed herself chocolate with a robotic arm.
Drugs aimed at cognitive enhancement so far have achieved nothing so breathtaking. Yet surprises have come in that realm as well. If modafinil has generated less controversy over the past decade than we might have anticipated, ADHD medications have sparked more. Adderall blurs the line between therapy and enhancement, boosting the mental energy of people who haven’t been diagnosed with ADHD as well as sharpening the focus of those who do. Does that make it dangerous—or marvelous? Should biological enhancements be restricted to those who suffer from diagnosable diseases or disabilities, or available to all? What about when we finally make the breakthroughs that allow for more invasive and irreversible enhancements, like gene therapies, or even genetic engineering of human embryos?
As with Plotz’s Superman series a decade ago, this series will explore concrete examples of technologies that are already pushing the natural limits of human capacities. The focus will be less on their moral dimensions than on their practical strengths, limitations, and potential to alter the human condition. While it’s great to debate the ethics of human enhancement, it’s at least as important to understand just what it is we’re arguing about. We’ve conquered the Eiger. What impossible peaks will we conquer next?

Brown University creates first wireless, implanted brain-computer interface

Wireless BCI inventors, Arto Nurmikko and Ming Yin, look thoroughly amazed by their device

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Researchers at Brown University have succeeded in creating the first wireless, implantable, rechargeable, long-term brain-computer interface. The wireless BCIs have been implanted in pigs and monkeys for over 13 months without issue, and human subjects are next.
We’ve covered BCIs extensively here on ExtremeTech, but historically they’ve been bulky and tethered to a computer. A tether limits the mobility of the patient, and also the real-world testing that can be performed by the researchers. Brown’s wireless BCI allows the subject to move freely, dramatically increasing the quantity and quality of data that can be gathered — instead of watching what happens when a monkey moves its arm, scientists can now analyze its brain activity during complex activity, such as foraging or social interaction. Obviously, once the wireless implant is approved for human testing, being able to move freely — rather than strapped to a chair in the lab — would be rather empowering.
Wireless BCI, installed in a monkey and a pig
Brown’s wireless BCI, fashioned out of hermetically sealed titanium, looks a lot like a pacemaker. (See: Brain pacemaker helps treat Alzheimer’s disease.) Inside there’s a li-ion battery, an inductive (wireless) charging loop, a chip that digitizes the signals from your brain, and an antenna for transmitting those neural spikes to a nearby computer. The BCI is connected to a small chip with 100 electrodes protruding from it, which, in this study, was embedded in the somatosensory cortex or motor cortex. These 100 electrodes produce a lot of data, which the BCI transmits at 24Mbps over the 3.2 and 3.8GHz bands to a receiver that is one meter away. The BCI’s battery takes two hours to charge via wireless inductive charging, and then has enough juice to last for six hours of use.
Brown's wireless BCI, exploded view
One of the features that the Brown researchers seem most excited about is the device’s power consumption, which is just 100 milliwatts. For a device that might eventually find its way into humans, frugal power consumption is a key factor that will enable all-day, highly mobile usage. Amusingly, though, the research paper notes that the wireless charging does cause significant warming of the device, which was “mitigated by liquid cooling the area with chilled water during the recharge process and did not notably affect the animal’s comfort.” Another important factor is that the researchers were able to extract high-quality, “rich” neural signals from the wireless implant — a good indicator that it will also help human neuroscience, if and when the device is approved.
Moving forward, the wireless BCI is very much a part of BrainGate — the Brown University research group that’s tasked with bringing these neurological technologies to humans. So far, the pinnacle of BrainGate’s work is a robotic arm controlled by a tethered BCI, which paralyzed patients can use to feed themselves (video embedded below). While the wireless BCI isn’t approve for human use (and there’s no indication that they’re seeking approval yet), it was designed specifically so that it should be safe for human use.
The Brown researchers now intend to develop a different version of the device to help them study the motor cortex of an animal with Parkinson’s disease. They are also working on reducing the device’s size, improving its safety and reliability, and increasing the amount of data it can transmit — for the eventual goal of equipping those with movement disabilities, or elective transhumanists, with a wireless brain-computer interface.
Now read: MIT discovers the location of memories: Individual neurons
Research paper: doi:10.1088/1741-2560/10/2/026010 – “An implantable wireless neural interface for recording cortical circuit dynamics in moving primates”
Jerry Richardson in 2011, presumably explaining to Roger Goodell how much it costs to gas up his cart. (Getty  …
As we've all found out in the last decade, you can make a balance sheet say pretty much anything you want it to. The Carolina Panthers franchise is having a bit of a problem with that fact right now, as the result of a Deadspin report that claims the Panthers were crying poor and begging for public funding for stadium improvements -- at the same time the team was practically printing money.
According to the report written by Deadspin's Tommy Craggs, Panthers owner Jerry Richardson ran a team that could brag a total operating profit of $112 million in 2010 and 2011. At the same time, Richardson was playing hardball with the players with the lockout at its peak, and insisting that his team would need public money for any stadium renovations.
The statement is for the years ending March 31, 2011, and March 31, 2012. Over the first period, as Richardson argued that the NFL's business model was hopelessly broken and steered the owners toward a showdown to extract more money from the players, the Panthers recorded an operating profit of $78.7 million. The team had gone 2-14 on the field, but Richardson and his partners were able to pay themselves $12 million.
Over the following year, after the owners had won their lockout and reduced the players' share of league revenue from 50 percent to 47 percent, the Panthers brought in $33.3 million in operating profit. Richardson began lobbying for public subsidies to renovate his 17-year-old stadium. The team went 6-10.
Richardson certainly wasn't feeling that financial warmth. According to Yahoo's Mike Silver, he told his fellow owners in 2010 that the expired CBA that led to the 2011 lockout was "a [expletive] deal last time, and we’re going to stick together and take back our league and [expletive] do something about it."
The owners certainly [expletive] did, reducing the players' percentage of total revenue when the new CBA was ratified in July, 2011. But in one rather interesting January 2011 press conference, Richardson tied to claim enormous operating losses based on a pie chart he (or somebody) had drawn. According to a balance sheet assembled by the firm of Deloitte & Touche, and analysis given by University of Oregon business prefessor Dennis Howard at Deadspin's request, Richardson's attempt to cry poor and extract $200 million in public funding for stadium renovations that he estimated would cost $300 million total, may have been based on something called Roster Depreciation Allowance.
From Craggs' report:
The RDA is an accounting gimmick whereby a new owner of a sports franchise gets to write off 100 percent of the purchase price of the team over a 15-year period, on the specious logic that a roster depreciates the same way, for instance, that your office's new fax machine does. That tax deduction shows up on the books as an operating expense, even though it's a pretend-loss that exists only in the quirks of the tax code. Thus, Stephen Ross, who purchased the Miami Dolphins for $1 billion, can claim an operational hit of nearly $70 million. "It has a huge impact on the bottom line," Howard says. "You're able to transform a real profit into an operational loss."
In the end, as Howard wrote to Craggs, it's almost impossible for an NFL team to lose money.
"Based on the team's financial condition, there is absolutely no justification for such a large public subsidy," Howard writes in an email. The financials "show unequivocally that the team has the capacity to finance the improvements on its own. The team could easily pledge a portion of the anticipated increase in TV revenues to finance the debt service for the improvements."
Remember, Jerry Richardson was the same guy who allegedly sat across a table from Peyton Manning and Drew Brees at the height of the lockout and condescendingly said that they'd need help reading a revenue chart. Brees later downplayed the supposedly contentious nature of the meeting, but if the Deadspin report is correct, it would seem that Richardson doesn't think the state in which he operates knows how to read financials, either.
On Thursday, the Carolina Panthers organization released a rebuttal to the Deadspin report through the team's official website:
The Deadspin story presents an incomplete picture of the Carolina Panthers profitability. The figures offer an isolated snapshot of the team’s financial situation during an unusual time as the NFL lockout loomed. At the time, the team had strategically reduced its spending because of the uncertainty and as part of a long-term plan to secure the team's best talent once a collective bargaining agreement had been reached.
The team's actual operating cash flow, even before federal and state tax payments were made, was significantly less than the accounting income reported in the story. The most meaningful reflection of a company's profitability is cash flow, and the team's operating cash flow fluctuated between pre-tax figures of $26.7M in fiscal year 2011 and $39.8M in fiscal year 2012.
A detailed review of the financial statements demonstrates the difficulty of being competitive in the NFL, paying players to the cap, and trying to add the financing of a major stadium renovation.

Battlefield America: The Drone On Drones


BATTLEFIELD AMERICA:
THE DRONE ON DRONES

The big news obviously was the epic, thirteen hour filibuster by Rand Paul where he attacked the policies of Attorney General Eric Holder that justify the use unmanned drones to hunt down and kill US citizens who are potential terror suspects.


Rand Paul, of course, is aware of the possibility of America becoming the new battlefield and illustrated quite well that people like John McCain and Lindsey Graham are out of touch with what Americans are truly thinking about the use of new technology to carry out the task of law enforcement and in some cases war like battles at home.

Quite frankly, any Senator that condones the use of drones as a method of carrying out a new form of mechanized executions should resign. Paul, a critic of Obama’s unmanned drone policy, started his self-described filibuster by demanding the president or Attorney General Eric Holder issue a statement assuring that unmanned aircraft would not be used in the United States to kill terrorism suspects who are U.S. citizens.
However, his wonderful filibuster calling attention to the dangers of drones and to the encroachment of the constitutional right of due process ran into a snag when he appeared on The Rush Limbaugh Show the morning after.
Rather than espousing a zero tolerance policy on drone use all over the world, he rationalized that the use of drones overseas is justified, however they should not be used in the United States.
We currently do drone strikes overseas, and I am all for them when people are shooting at American soldiers,” he told Limbaugh on his talk show. “I think they are great tool, they are a great weapon, we should use to defend American soldiers and American lives but we are also killing a lot of people who aren’t actively involved.
Rand Paul continued by saying, “They may be bad people, they may have been involved yesterday or going to be tomorrow, but we kill them at home asleep in café’s etc. Now that standard may be okay overseas I think it’s debatable but at home that standard is not good enough.
Once again the politician duplicity of life and death and the standards we have about who dies and who lives is in my opinion suspect with regards to drone strikes and should be called out. I believe that Rand Paul would be served well to demand zero tolerance on the issue of drone strikes.
Meanwhile, he continued explain to Rush his stance on the matter, “So if you are in a café and you’ve been emailing your cousin that lives in the middle east and people here in congress say you are an enemy combatant. Well I think you can be accused then of being associated with a terrorist, if that person in the Middle East is a terrorist but you need to be arrested and you need to have a chance to defend yourself.
Rand Paul then said what I believe shows the obvious political soft peddling and the obvious rationalizing for the elimination of due process when he stated, “If you have a grenade launcher, you don’t get due process, so if you are attacking America inside or out, American or otherwise you don’t get a lawyer or due process if you are setting up a bomb. But you do if you are sitting in a café eating with somebody or sending an e-mail to someone, it needs to be clear that if you are non combatant, if you are not engaged in combat that you get your day in court.”
I couldn’t believe what I was hearing.
As I understand it there are two components of due process: fair notice and the opportunity to be heard. The fundamental rationale behind due process is to check against an arbitrary government action.
The Legislative branch writes the laws including the ones that dictate charges available against U.S. citizens that the Executive branch enforces by bringing citizens in violation of the law to be tried before an impartial Judicial branch that the Constitution itself or the Legislative branch has established.
And as we have seen in our present time of national crisis we can see the procedures of due process become more elastic than in times of peace.
However the United States has set aside its “standards” of who deserves a trial or due process after the attacks of September 11th, 2001. I guess that I am bit old fashioned, but I have seen in history people who have done far worse than assembling a bomb or having the intent of using a grenade launcher and they got a fair trial and due process.
The Obama Administration has consistently justified its broad exercise of military powers by pointing out that it is executing what Congress has authorized it to do. Congress’ 2001 Authorization of Military Force “authorized to use all necessary and appropriate force against nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001.” However, it seems that there is a selective form of enforcement of the killing of American citizenry after the ratification of the NDAA.
Americans are now being programmed into believing that if the authorities see a person or organization as a threat, and carries out a drone strike against the so called threat that due process has been forfeited because they appeared to be armed and ready to attack the United States, its military or police forces.
Certainly, terrorism is a global threat not limited to traditional geographic notions of the battlefield. In fact we can go back to 1995 and point out that American terrorism was realized during the Oklahoma City bombing.
American terrorist Timothy McVeigh had his day in court and was executed for his part in the bombing of the Alfred P. Murrah Federal Building in Oklahoma City.
Going back even further in time we see how the standard of fair trials and due process was vital even when it was already realized that those on trial would be found guilty.
In 1945, the Nuremberg Trials were held in the Palace of Justice in Bavaria. Twenty-four of the most notorious of war criminals behind the Nazi atrocities were given due process even though the evidence was overwhelming that they had committed the most nightmarish crimes during World War II.
It is amazing to look back into history and be proud of the fact that America and its allies were faithfully committed to a Constitution that guarantees due process of law even for war crimes and crimes against humanity.
Even the most vile and evil individuals on planet earth were given a trial and were convicted. Back then no one questioned the validity of due process or the expense of a trial that basically seemed like it was an obvious no-brainer that the accused were guilty.
The Nazis were terrified of their trials. I remember watching movies in my history classes as the German war criminals were shaking and terrified at the thought of facing a world jury for the murderous criminal behavior that they employed under the direction of Adolph Hitler.
The Nuremberg trials also set precedence for international criminal law. They influenced The Genocide Convention of 1948, The Universal Declaration of Human Rights, The Nuremberg Principles and The Convention on the Abolition of the Statute of Limitations on War Crimes and Crimes against Humanity. The model set down at Nuremberg set a basic standard.
Standards that now have been ignored as history and tradition are being erased by the technological terror of drones and that it is by the decision of the executive that these miracles of mechanized death are judge jury and executioner at any time even when it looks as if a crime or act of terror is being committed.
As a talk show host and a former news reporter I have seen how the mainstream media is incapable of encouraging critical thinking about what the government proposes and enacts. The media used to be a tool to question authority and keep those who wield power honest. They also were very wise in indicating hypocrisy and duplicity with officials that can easily become media darlings.
The American people are unaware of the dictatorship creep and are most certain that America will dig itself out of the morass of political, economic and social dangers that are seen as potential problems and not serious handicaps that will render us helpless.
I have been accused in the blogosphere of saying that the world is ending soon and that we are witnessing the apocalypse. I am merely contending that the spirit of the apocalypse, World War III and the police state is becoming so gratifying for most Americans that the argument of guns, money and social ills are forcing us to ignore the hidden hypocrisy that is always being spewed out of Washington with regard to the trust we put into technology that is being programmed for kill by the militarized police dragnet.
Many people say they are against it, however the mainstream narrative rules the thoughts of the people and soon their zero tolerance of police state machinations wane when they here of fugitives who are combative with police, or so called terrorists that are shooting at troops.
Our ability to demand due process fades when we hear about a renegade police officer who stands accused of murder shooting at police officers. We are made to feel that the end justifies the means and when the shooter is burned to death in a cabin we forget that only one side of the story will be heard and the other side was told well by the police to the media.
We then rationalize that the perpetrator had it coming. We decide that a trial is needless because the media has painted to picture of what they are told by the authorities. We do not understand that the media will always side with authority and not with the accused.
Research suggests that the media marginalizes and delegitimizes the less powerful. The media today will malign anyone who advocates rebellion or real change in the way government does its business.
The media will take the side of the powerful and will always malign anything that even appears to be a regular citizen defending his right to life, to property and freedom. They illustrate that there are many Americans disenfranchised with how government treats them. However they also look down on the disenfranchised attempting to take a stand, whether it is by harmless protest or in extreme cases violent acts of aggression that under the law are punishable after a court hearing.
The new media now allows for the court of public opinion to taint the fair trial process and many people are falling into the trap of demanding that all cases of criminality be handled right at the scene of the crime with deadly force.
Do we not wonder or even suspect that criminality exists in the highest positions of the country? On one hand we talk about the corruption and criminality of the police, FBI, CIA and other alphabet agencies and yet we trust their resolve in carrying out an execution when we think or allege that they were caught red handed with “evidence” that indicates that they should be at the business end of drone firing from the sky?
With truth pretty well compromised, it is important to use caution with information coming from your government. It is important to understand that the controllers of information are trying to create false leads and are attempting to create turmoil within the United States.
The real enemy in America is the conditioned citizen who by lack of interest accepts and decides that the rule of law is only supposed to be given by those who deserve it and not all people. This is why the mechanized response of most Americans is by design and while they can safely complain about the oppression they receive and the agendas they see as dangerous they forget that their attitudes and ideas may one day be a threat to the establishment and may result in a trip to a concentration camp for re-education or a mass grave that has to be dug because of an unfortunate event where a drone just happened to be dispatched to break up an alleged “terrorist threat” at an NRA meeting.
Think of it: They all could be gathered in a room. They all could have guns. All that has to be reported is that their intent was to take over government building and immediately the court of public opinion would say, “They deserved it because the authorities believed that they were armed and dangerous and were plotting to take over a government building.
The meeting could be harmless. It could be lawful gun owners in one place. However the public media coached court would question the validity of “harmless” and the justification of the drone strike because of appearances.
We have such a love for convenient and air tight cases produced by people like Nancy Grace and Piers Morgan that we forget that real people are the targets and that people’s intentions can all be made up by authorities.
We forget that corrupt police officers have been known to plant evidence, fabricate stories and even commit crimes in order to cover up indiscretions. It is awfully frightening that even with this knowledge there are people who are willing to hand over their trust and protection to a technological terror like a drone.
It is time for us to realize that with the advent of the robotic policing of the planet we need to be extremely vigilant and realize that there should be NO TOLERANCE for any mechanized threats to freedom.
In what seems to be a dying democratic country, I would present a challenge to people like Rand Paul. I would suggest that he should take his stand further by stating that we do not need in any situation the use of drones that are loaded for the sole purpose of taking human life that stands accused of any criminal activity.
I would say that rules of engagement should be left to the discretion of the military and the police however, there must also be the challenge of taking a perpetrator as a prisoner and utilizing due process in order to show that we have morals and values and that the criminal or war criminal when convicted most certainly doesn’t.
It is unequivocally the responsibility of every citizen to set aside and try to erase any and all conditioning about what you assume about criminal activity. There are many sides to all criminal activity and appearances do not warrant conviction. Do we really believe that in this country a person of interest or suspect of any crime is innocent until proven guilty by a court of law?
Have we fallen for the trap that if someone winds up in jail or is being trailed by the authorities that this automatically means that the party that is sought after is guilty?
It is a challenge for America to find a way to prepare and inform themselves about the encroachment of constitutional liberties.
We no longer have an excuse to defend the tyrannous acts of government. It must be said that the gradual plan of keeping America in constant state of surveillance is being embraced by all parties in power and should not be turned into a partisan attack for the benefit of putting faith in a new candidate for President. We have gone thus far through two different presidents of different parties paving the way for despotism in the United States.
It’s still your individual responsibility as an American citizen to uphold the principles of democracy on which this nation is founded. Law enforcement officials and the military also have the responsibility to erase the programming and stand for morality and justice as they, too, have been given the charge to defend the constitution both foreign and domestic.
Perhaps the next step should be defending the Constitution against all enemies – foreign, domestic and mechanical.