Apple Loses Bid to Unmask Bloggers' Sources :The Sixth District Court of Appeals on Friday

~~ This makes me happy.!! ~~ TP
---------------------------------------------

"Apple Loses Bid to Unmask Bloggers' Sources"
by Ryan Singel and Kevin Poulsen
Friday, 26 May 2006

"A California appeals court has smacked down Apple's legal assault on bloggers and their sources, finding that the company's efforts to subpoena e-mail received by the publishers of Apple Insider and PowerPage.org runs contrary to federal law, California's reporter's shield law, and the state Constitution.

The Sixth District Court of Appeals on Friday roundly rejected (.pdf) Apple's argument that the bloggers weren't acting as journalists when they posted internal document about future Apple products. 'We decline the implicit invitation to embroil ourselves in questions of what constitutes 'legitimate journalis(m).' The shield law is intended to protect the gathering and dissemination of news, and that is what petitioners did here,' the court wrote.

'Beyond casting aspersions on the legitimacy of petitioners’ enterprise, Apple offers no cogent reason to conclude that they fall outside the shield law’s protection".

Source:
© Copyright 2006, Lycos, Inc.
Lycos is a registered trademark of Lycos, Inc.
All Rights Reserved.

Your use.... constitutes acceptance of the Lycos
Privacy Policy and Terms & Conditions !!! "

=============================

: Supreme Court Developments on Yahoo! News

Print Story: Supreme Court Developments on Yahoo! News: -- Yahoo! News

Supreme Court Developments
By The Associated PressMon May 22, 4:24 PM ET

Highlights of actions taken Monday by the Supreme Court. The justices:

_Ruled unanimously that police do not need a warrant to go into a home to break up a bloody fight, in a case involving a 'melee' that Brigham City, Utah, police officers saw through a window.

_Rejected an appeal from Tennessee death row inmate Abu-Ali Abdur'Rahman, who wanted the court to declare that the drug protocol used in most executions amounts to cruel punishment.

_Refused to hear an appeal in the case of a mentally ill man, Andrew Goldstein, whose conviction was overturned in the death of a woman pushed into the path of a subway train in New York.

_Said they would not consider the case of convicted murderer James Hamm, who graduated from law school and is being thwarted in his efforts to become a practicing attorney in Arizona.

_Delayed a decision on whether to take up a fight over reporters' confidential sources, apparently because a former government scientist's lawsuit that prompted journalist subpoenas may be settled.

_Declined for the second time to get involved in a child custody fight between a San Diego woman and and her former [female] partner."

============

Court: Hallucinogenic tea OK

~ A major win here for religious civil liberties. And an 8-0 shutout too. I find this to be a "Liberal" ruling, as it is allowing something the Federal Government wanted to ban. Not bad for a "Conservative" court. ~~~ TP

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Court: Hallucinogenic tea OK: "WASHINGTON, DC, United States (UPI) -- The U.S. Supreme Court Tuesday rejected government arguments against use of a hallucinogenic tea in religious services.

The 8-0 ruling written by Chief Justice John Roberts stemmed from a New Mexico case involving O Centro Espirita Beneficente Uniao Do Vegetal, a Spiritst Christian sect originating in the Amazon Rainforest. The court`s newest justice, Sam Alito, did not take part in the case."

http://news.monstersandcritics.com/

Cheney Says He Can Declassify Info { but not hunting accidents!}

~~~ However it seems Dick Cheney is not empowered to
publicly report when he shoots someone.
So at least there is some check on his power.~~ TP
-----------------------

Cheney Says He Can Declassify Info WASHINGTON, Feb. 16, 2006 "(AP) == "Vice President Dick Cheney says he has the power to declassify government secrets, raising the possibility that he authorized his former chief of staff to pass along sensitive prewar data on Iraq to reporters"

AT&T Sued Over NSA Eavesdropping

~~ A new twist in the NSA wiretap mess.

Did Ma Bell do it with Big Brother ?!?!

~~~TP

------------------------------

AT&T Sued Over NSA Eavesdropping
Wired News::
By Ryan Singel
04:03 AM Jan, 31, 2006

The Electronic Frontier Foundation filed a class-action lawsuit against AT&T Tuesday, accusing the telecom company of violating federal laws by collaborating with the government's secret, warrantless wiretapping of American citizens' phone and internet usage.

The suit, (.pdf) filed by the civil liberties group in federal court in San Francisco, alleges AT&T secretly gave the NSA access to two massive databases that included both the contents of its subscribers' communications and detailed transaction records, such as numbers dialed and internet addresses visited.

'Our goal is to go after the people who are making the government's illegal surveillance possible,' says EFF attorney Kevin Bankston. 'They could not do what they are doing without the help of companies like AT&T. We want to make it clear to AT&T that it is not in their legal or economic interests to violate the law whenever the president asks them to.'"

US plans to 'fight the net' revealed . BBC NEWS | Americas

~~~ This is well worth the read. ~~ ~ TP
------------
-------------

BBC NEWS | Americas | US plans to 'fight the net' revealed:
By Adam Brookes
BBC Pentagon correspondent

"A newly declassified document gives a fascinating glimpse into the US military's plans for 'information operations' - from psychological operations, to attacks on hostile computer networks."

The declassified document is called "Information Operations Roadmap". It was obtained by the National Security Archive at George Washington University using the Freedom of Information Act.

"Could Your VoIP Phone Be Tapped?"

~~ America has to decide just exactly how "Big" we want our "Big Brother " to be. As reported in New York Times , polls show a 50 -50 split , or so on Americans support of the Bush Wiretaps. ~~ TP
--------------------------------------------------


PCWorld.com - Could Your VoIP Phone Be Tapped?: "

Dennis O'Reilly, PC World

Friday, January 27, 2006

BURLINGAME, CALIFORNIA -- "Several privacy and civil-liberties organizations are mounting a legal challenge to prevent VoIP and other Internet-based communications from being subject to taps from law-enforcement agencies."

Google : Communist sympathizer !!

Google is willing to bow to China on search censorship . but yet Google fights the American Government on releasing search data.
Seems clear to me . Google 's motto of " Do no evil", is easy to abide by when you have your own definitions of right and wrong. ~~ TP
-------------
--------

Google faces China challenges

By Jane Wakefield Technology reporter, BBC News website

Google has acknowledged that its decision to launch in China will be seen as inconsistent with its mission to make information universally accessible but believes it has little choice.

"We don't want to risk becoming irrelevant or useless due to the way that our content is blocked or filtered currently," Google's senior policy adviser Andrew McLaughlin told the BBC Radio Four's Today programme.

"We feel it is a step forward. Not a big step forward but a step forward. We understand that many people will find the decision either puzzling or objectionable," he said.

NSA Web Site Places 'Cookies' On Computers |

~ I personally now will delete my cookies after visiting any Government website. ~` `TP

---------------

InformationWeek | Privacy | NSA Web Site Places 'Cookies' On Computers | December 29, 2005: " By Anick Jesdanun , NEW YORK (AP)--The National Security Agency's Internet site has been placing files on visitors' computers that can track their Web surfing activity despite strict federal rules banning most of them. These files, known as 'cookies,' disappeared after a privacy activist complained and The Associated Press made inquiries this week, and agency officials acknowledged Wednesday they had made a mistake. Nonetheless, the issue raises questions about privacy at a spy agency already on the defensive amid reports of a secretive eavesdropping program in the United States. 'Considering the surveillance power the NSA has, cookies are not exactly a major concern,' said Ari Schwartz, associate director at the Center for Democracy and Technology, a privacy advocacy group in Washington, D.C. 'But it does show a general lack of understanding about privacy rules when they are not even following the government's very basic rules for Web privacy.'"

"Spy Court Judge Quits In Protest:" : washingtonpost.com

~ This Spy-gate thing is going to be serious news for a while. When both Democrats & Republican Senate leaders are expressing civil liberties concerns, all citizens should be concerned. Nixon -- and those Presidents before him -- walked over civil liberties regularly. No one wants to go back to those times , with Presidential Enemy lists , covert wire taps, & etc. The Bush Team must feel the Power of Checks and Balances here.
Hopefully Congress is up to the job ~~ TP
-----------------------------

"Jurist Concerned Bush Order Tainted Work of Secret Panel"

By Carol D. Leonnig and Dafna Linzer
Washington Post Staff Writers
Wednesday, December 21, 2005; Page A01

"A federal judge has resigned from the court that oversees government surveillance in intelligence cases in protest of President Bush's secret authorization of a domestic spying program, according to two sources. U.S. District Judge James Robertson, one of 11 members of the secret Foreign Intelligence Surveillance Court,, sent a letter to Chief Justice John G. Roberts Jr. late Monday notifying him of his resignation without providing an explanation".

"Word of Robertson's resignation came as two Senate Republicans joined the call for congressional investigations into the National Security Agency's warrantless interception of telephone calls and e-mails to overseas locations by U.S. citizens suspected of links to terrorist groups. They questioned the legality of the operation and the extent to which the White House kept Congress informed."

"Sens. Chuck Hagel (Neb.) and Olympia J. Snowe (Maine) echoed concerns raised by Arlen Specter (R-Pa.), chairman of the Senate Judiciary Committee, who has promised hearings in the new year."

"Hagel and Snowe joined Democrats Dianne Feinstein (Calif.), Carl M. Levin (Mich.) and Ron Wyden (Ore.) in calling for a joint investigation by the Senate judiciary and intelligence panels into the classified program."

F.B.I. Watched Activist Groups, New Files Show - New York Times

~~~ Not that this is really surprising. When i worked for GreenPeace in during the Reagan years, we knew that we were being monitiored. Strange thing is we had nothing to hide,, I mean we were publicity-hound-political-activists, who telegraphed to the media most everything we did or said. Why non-violent groups need to be "monitiored" is still really beyond me.

Either way the Bush Team is in trouble. If these domestic spying games the Administration is playing are found to be more than just unethical, but also to be illegal, some heads are going to have to roll. Being Scooter Libby already got indicted, maybe Dick Cheney is next, as he is the main powerplayer. { Don't tell me you really think Bush is in charge of this complicated stuff ! } ~~ ` TP
----------------------------

F.B.I. Watched Activist Groups, New Files Show - New York Times: "the documents, coming after the Bush administration's confirmation that President Bush had authorized some spying without warrants in fighting terrorism, prompted charges from civil rights advocates that the government had improperly blurred the line between terrorism and acts of civil disobedience and lawful protest.

One F.B.I. document indicates that agents in Indianapolis planned to conduct surveillance as part of a 'Vegan Community Project.' Another document talks of the Catholic Workers group's 'semi-communistic ideology.' A third indicates the bureau's interest in determining the location of a protest over llama fur planned by People for the Ethical Treatment of Animals.
The documents, provided to The New York Times over the past week, came as part of a series of Freedom of Information Act lawsuits brought by the American Civil Liberties Union. For more than a year, the A.C.L.U. has been seeking access to information in F.B.I. files on about 150 protest and social groups that it says may have been improperly monitored."

ABC News: Was Bush Authorized to Spy on American Citizens?

ABC News: Was Bush Authorized to Spy on American Citizens?: "Speed Necessary?

The president said he needed the power to eavesdrop without a court order to streamline the process of wiretapping suspected terrorists.

'We've got to be fast on our feet, quick to detect and prevent,' Bush said.

But the Foreign Intelligence Surveillance Act allows investigators to wiretap before getting a warrant, as long as they request permission from a special intelligence court within 72 hours.

'Doesn't hold water,' said Saltzburg. 'As long as you can act in emergencies before you get a court order, then speed is irrelevant here.'

The secret court has overwhelmingly done the bidding of recent administrations. Since 1979, the Justice Department has gone before the secret court 18,742 times and has only been turned down in four instances.

But for the Bush administration, court approval, at times, was not fast enough.

ABC News' Pierre Thomas filed this report for 'World News Tonight.'"

Just Three More Years !!!

~~ So Bush admits, with his anti-terror flag wrapped tightly around him,
Congress is ticked off. Hearings will come with the new year.
Well at least it will not be a boring three more years. ~~ TP

===================

Lawmakers Call for Domestic Spying Probe - Yahoo! News

"Lawmakers Call for Domestic Spying Probe"
============================

http://news.bbc.co.uk

Bush admits he authorised spying

President George W Bush has admitted he authorised secret monitoring of communications within the United States in the wake of the 2001 terror attacks.

Bush Lets U.S. Spy on Callers Without Courts - New York Times

~~~ The NY Times has an extensive article today on the Bush team again forgetting that a Democracy is a place where the Government does not spy on its citizens with out first getting a Court order. This is major news , but unless Congress raises a stink and starts hearings , it will pass under the radar of most voters.

I have to keep saying to myself -

-- "Just three more years,, Just three more years".

Anybody will be better than the Bushies in 2008. 

{ Assuming that Team Bush does not find 

some way to cancel the 2008 American elections.] ~~~ TP
-----------------------------------------

Bush Lets U.S. Spy on Callers Without Courts
By JAMES RISEN and ERIC LICHTBLAU

"WASHINGTON, Dec. 15 - Months after the Sept. 11 attacks, President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials"

~~ Big alarm bells here. If the internet becomes a place where the Internet Service Providers can favor some websites over others , the internet will simply be crippled and much less useful---especially as a political tool. Something tells me that common sense and the consumer market will not let this fragmentation occur. But who knows? ~~~ TP
--------------------------------------------------------------------------------------

At Stake: The Net as We Know It

BusinessWeek

By Catherine Yang

"Google et al fear broadband carriers will tie up traffic with new tolls and controls. Ultimately, it could mean a world of Internet haves and have-nots

The Internet has always been a model of freedom. Today the Web is flourishing because anyone can click to any site or download any service they want on an open network. But now the phone and cable companies that operate broadband networks have a different vision. If they get their way, today's Information Highway could be laden with tollgates, express lanes, and traffic tie-ups -- all designed to make money for the network companies."

http://www.businessweek.com/technology/content/dec2005/tc20051215_141991.htm

"Who gets to see the e-mail of the deceased?":The Christian Science Monitor

~~ IF you want your email to stay private after you pass on , it seems the onus is on you to state so in your will. Otherwise as this case below ,, the courts can release the the email to your next of kin ~~ TP
----------------------------------------------

Who gets to see the e-mail of the deceased?

By Susan Llewelyn Leach |
Staff writer of The Christian Science Monitor
"
....from a legal point of view, e-mail's status is not clear cut. Even the experts can't agree. One law professor describes it as "a property interest," but not intellectual property. Another lecturer on law says absolutely it is intellectual property and is covered by copyright laws.

What makes these legal distinctions more critical is the growing volume of e-mail - and with it rising privacy issues. Free e-mail accounts - some with storage capacities up to 250 MB - allow people to pile up digital photos, documents, and volumes of correspondence without a second's thought. Few people are thinking through the ramifications, says Alan Chappell, a privacy and data-collection consultant."

Alito Often Ruled for Religious Expression - N Y Times

Alito Often Ruled for Religious Expression - New York Times: "Nathan J. Diament, the public affairs director for the Union of Orthodox Jewish Congregations, said Judge Alito's record demonstrated 'a deep understanding' of the Free Exercise Clause. Mr. Diament mentioned Judge Alito's concurrence in a ruling allowing a Jewish teacher at William Paterson College in New Jersey to go forward with a lawsuit accusing the school administration of trying to force her out by scheduling events on Friday evenings. 'He didn't just agree that the suit should go forward,' Mr. Diament said. 'He went out of his way to express his philosophy on the need to accommodate religious individuals.'"

"China Reportedly Shuts Down Blog" -Thu Nov 3, 8:17 AM ET

To ban the Internet completely is impractical for dictatorships if they want their oppressed citizenship to be able to compete in the globalized world economy. So for dictatorships the only authoritarian option is to attempt control and stifle political cyber-dialogues the best they can without curtailing economic activity.

Or in other words to use their powers of E-Governance in order to constrain the citizen use of Cyber-Activism.

~~So, REMEMBER CHINA ,, I'M WATCHING YOU!!

Be careful how you treat those nice and

well meaning bloggers .

Don't make me come over there !!

-----------------------------

China Reportedly Shuts Down Blog

Thu Nov 3, 8:17 AM ET

"BEIJING - Chinese authorities have blocked a pro-democracy Web log after it was nominated for a freedom of expression award by a German radio station, a press freedom group said Thursday.

The blog, titled Wang Yi's Microphone, dealt with 'sensitive subjects' and was maintained by a teacher from Sichuan province, Paris-based Reporters Without Borders said in a statement"China Reportedly Shuts Down Blog - Yahoo! News:

----------------------------

Next-Gen "Analog Hole" Legislation Proposed

~~ Mixed fellings here.
I believe copyrights should be honored. People do not honor them.
If everyone on the internet acted nice & honest this law would not be needed.

But then there is the Libertarian in me sayin' ,,
"Whaooh,, here !! Hold on a sec...." ~`
~~ tp
----------------------------------

Next-Gen "Analog Hole" Legislation Proposed: "The bill would essentially require all analog devices, such as televisions, to either re-encode a signal into a digital form, complete with rights restrictions, or to encode the rights restrictions into the analog stream itself.

Manufacturers would also be forbidden to develop a product that would remove those restrictions. Exectives at Veil Interactive, the developer of the VRAM technology at the heart of the legislation, described the technology as one that would not be noticeable by consumers."
=====================================================

President Bush's Walkabout - New York Times

~ ~ Pretty heavy words from the NY Times editorial page.

I really do not like agreeing with NYT's editorials. Doing so often leaves me haunted that I may be mis-informed on the issue at hand.

But in this case, there is no mistake -- the Bush Presidency is a ticking time bomb of more disasters.

We are in a war that seems to have been engineered from even before Bush II took office. { I saw Jimmy Carter say that on TV , to promote his new book .}

A very serious change of both staff & policy is needed from the Oval Office before there are more wars & ill-handled natural disasters..

May G-d help America !!~~ ` TP
-----------------------------------------------------------

"After President Bush's disastrous visit to Latin America, it's unnerving to realize that his presidency still has more than three years to run."

"An administration with no agenda and no competence would be hard enough to live with on the domestic front.

But the rest of the world simply can't afford an American government this bad for that long."

========================================

from :

President Bush's Walkabout - New York Times:

"Published: November 8, 2005