Police told ABC News producer Asa Eslocker to move off a public sidewalk, pushed him into the street, and then arrested him after telling him he was trespassing and “impeding the flow of traffic.” ABC has video at their site, which shows another police officer who needs to be fired.
On September 26, 2007, I submitted a request to the Department of Homeland Security requesting copies of information relating to me in the Automated Targeting System (ATS), a system that collects information about individuals who travel internationally. Travelers are then assigned a risk score; passengers who have higher scores are subjected to a higher level of screening, despite the fact that Congress has attached restrictions to its appropriations for passenger screening stating that “None of the funds provided in this or previous appropriations Acts may be utilized to develop or test algorithms assigning risk to passengers whose names are not on government watch lists." Traveler risk scores are maintained for 40 years and individuals are not allowed to know their scores. The system has come under criticism for sometimes including information such as what books or magazines a passenger is carrying. I followed the process suggested by The Identity Project, which stated that DHS was supposed to respond within 30 days. It took a little longer than expected–I just received my travel dossier today. It’s fifteen pages of fairly cryptic documentation, with frequent short redactions. The redactions are each labeled with the section of 5 USC 552 which provides grounds for exemption from disclosure, (b)(2)(low), (b)(6), and (b)(7)(C). The first of those “exempts from disclosure records that are related to internal matters of a relatively trivial nature, such as internal administrative tracking,” and accounts for the majority of the redactions. The other two are for “personnel or medical files and similar files the release of which would cause a clearly unwarranted invasion of personal privacy” and “records or information compiled for law enforcement purposes that could reasonably be expected to constitute an unwarranted invasion of personal privacy.” I have a few of each of that type of redaction. The documents include most–but not all–of my international air travel, including from as far back as 1984. There appear to be reports from two systems. There are four pages labeled “TECSII - PRIMARY QUERY HISTORY” and “PASSENGER ACTIVITY.” TECS II is the Treasury Enforcement Communications System II, the primary database of IBIS, the Interagency Border Inspection System. This report lists a series of records of two lines each. The first line contains my name, date of birth, date and time of the query, the agency making a query, a result column (entirely redacted under (b)(2)), a column labeled “LNE TYP” that appears to use both of the two lines and has codes such as “API,” “AIR,” and “VEH.” Finally on the first line are a completely redacted column labeled “TERM” and single-letter codes under the headings “API” and “DIM.” The second line of each record contains airline flight numbers in some cases, and the name of the departure city in one case, a field labeled “DOC:” followed by a blank or my passport number, and, under the heading “LANE,” the characters “INSP:” followed by a blank or a redacted field, probably the name of the agent making the query. At the bottom of each page of results are three or four lines that are completely redacted, probably part of a help screen or menu–the output looks like something from an IBM 3270 display terminal. The other eleven pages of output look like IBM 3270-style output pasted into a single Word document that begins with my name and birthdate. It’s divided into several sections, each headed with a date of travel and containing what appears to be passenger name records (PNR) taken directly from SABRE. The redactions in these sections seem to be somewhat haphazard–in one place part of my corporate email address was redacted, in another a different form of my corporate email addresses was not. My American Express card number is present, as is my Hertz #1 Club Gold membership number. It includes complete itineraries for the most recent travel, including hotel booking information (including type of room and bed), airline seat assignment information, and ticket price. There’s less information for older travel, which is mostly obscure to me apart from dates and airport codes. Next I’ll have to check out my FBI file… UPDATE (September 9, 2008): DHS has responded to charges that it is illegal for them to be recording and keeping certain border-crossing records in ATS by moving them to another database, called BCI. UPDATE (December 31, 2008): DHS is in violation of its obligations to U.S. citizens under the Privacy Act, and to foreign nationals in Europe under the DHS-EU agreement on access to and use of Passenger Name Record (PNR) data. DHS has not been complying with requests for data in the legally required time periods, nor with all of the relevant data. Data has also been illegally copied into other databases. Not surprisingly, the DHS’s own internal review claims, even as the evidence contradicts the claim, that it is in compliance with the law. Edward Hasbrouck has posted about the difference between American and European attitudes towards privacy and surveillance, and notes that at least one European airline, KLM, had never developed processes for complying with the law for passenger requests of records. UPDATE (July 19, 2014): An editor at Ars Technica has just discovered that his PNR contains full credit card numbers and IP addresses. Not exactly news, at this point… ...
Science writer Simon Singh (author of The Code Book on yesterday’s list of science books) is a columnist for The Guardian, for which he wrote a column critical of chiropractic titled “Beware the spinal trap.” The British Chiropractic Association sued him for the column, and it was withdrawn from the Guardian’s website. Svetlana Pertsovich has posted the offending column from Internet cache on her website in Russia, James Steinberg has posted it at his blog, and I’ve included it below. UK libel law is still in need of reform. Beware the spinal trap Some practitioners claim it is a cure-all but research suggests chiropractic therapy can be lethal Simon Singh The Guardian, Saturday April 19 2008 This is Chiropractic Awareness Week. So let’s be aware. How about some awareness that may prevent harm and help you make truly informed choices? First, you might be surprised to know that the founder of chiropractic therapy, Daniel David Palmer, wrote that, “99% of all diseases are caused by displaced vertebrae”. In the 1860s, Palmer began to develop his theory that the spine was involved in almost every illness because the spinal cord connects the brain to the rest of the body. Therefore any misalignment could cause a problem in distant parts of the body. In fact, Palmer’s first chiropractic intervention supposedly cured a man who had been profoundly deaf for 17 years. His second treatment was equally strange, because he claimed that he treated a patient with heart trouble by correcting a displaced vertebra. You might think that modern chiropractors restrict themselves to treating back problems, but in fact they still possess some quite wacky ideas. The fundamentalists argue that they can cure anything. And even the more moderate chiropractors have ideas above their station. The British Chiropractic Association claims that their members can help treat children with colic, sleeping and feeding problems, frequent ear infections, asthma and prolonged crying, even though there is not a jot of evidence. This organisation is the respectable face of the chiropractic profession and yet it happily promotes bogus treatments. I can confidently label these treatments as bogus because I have co-authored a book about alternative medicine with the world’s first professor of complementary medicine, Edzard Ernst. He learned chiropractic techniques himself and used them as a doctor. This is when he began to see the need for some critical evaluation. Among other projects, he examined the evidence from 70 trials exploring the benefits of chiropractic therapy in conditions unrelated to the back. He found no evidence to suggest that chiropractors could treat any such conditions. But what about chiropractic in the context of treating back problems? Manipulating the spine can cure some problems, but results are mixed. To be fair, conventional approaches, such as physiotherapy, also struggle to treat back problems with any consistency. Nevertheless, conventional therapy is still preferable because of the serious dangers associated with chiropractic. In 2001, a systematic review of five studies revealed that roughly half of all chiropractic patients experience temporary adverse effects, such as pain, numbness, stiffness, dizziness and headaches. These are relatively minor effects, but the frequency is very high, and this has to be weighed against the limited benefit offered by chiropractors. More worryingly, the hallmark technique of the chiropractor, known as high-velocity, low-amplitude thrust, carries much more significant risks. This involves pushing joints beyond their natural range of motion by applying a short, sharp force. Although this is a safe procedure for most patients, others can suffer dislocations and fractures. Worse still, manipulation of the neck can damage the vertebral arteries, which supply blood to the brain. So-called vertebral dissection can ultimately cut off the blood supply, which in turn can lead to a stroke and even death. Because there is usually a delay between the vertebral dissection and the blockage of blood to the brain, the link between chiropractic and strokes went unnoticed for many years. Recently, however, it has been possible to identify cases where spinal manipulation has certainly been the cause of vertebral dissection. Laurie Mathiason was a 20-year-old Canadian waitress who visited a chiropractor 21 times between 1997 and 1998 to relieve her low-back pain. On her penultimate visit she complained of stiffness in her neck. That evening she began dropping plates at the restaurant, so she returned to the chiropractor. As the chiropractor manipulated her neck, Mathiason began to cry, her eyes started to roll, she foamed at the mouth and her body began to convulse. She was rushed to hospital, slipped into a coma and died three days later. At the inquest, the coroner declared: “Laurie died of a ruptured vertebral artery, which occurred in association with a chiropractic manipulation of the neck.” This case is not unique. In Canada alone there have been several other women who have died after receiving chiropractic therapy, and Professor Ernst has identified about 700 cases of serious complications among the medical literature. This should be a major concern for health officials, particularly as under-reporting will mean that the actual number of cases is much higher. Bearing all of this in mind, I will leave you with one message for Chiropractic Awareness Week - if spinal manipulation were a drug with such serious adverse effects and so little demonstrable benefit, then it would almost certainly have been taken off the market. · Simon Singh is the co-author of Trick or Treatment? Alternative Medicine on Trial www.simonsingh.net UPDATE: The part about chiropractic-induced stroke is of interest to me, as I had once heard of a case of chiropractic manipulation leading to blindness. When I mentioned it at a dinner of skeptics in Tempe, Arizona in 1987 that included James Randi and Jim Lowell of the National Council Against Health Fraud, both of them suggested that this was impossible because the optic nerves don’t come anywhere near the spine. But nobody at the table (including me) thought about the possibility of spinal manipulation inducing a stroke causing damage to the visual system. This article from a chiropractic journal discusses cases of visual loss as a result of spinal surgery as a sort of tu quoque defense of chiropractic for similar problems, citing this article: Myers M, Hamilton S, Bogosian A, Smith C, Wagner T Visual loss as a complication of spine surgery. Spine June 15, 1997;22(12). So perhaps my remark from 21 years ago is vindicated? UPDATE (November 4, 2009): Simon Singh gave an overview and update on his case on June 3. Simon Singh fought against the libel claim despite the state of UK law, and has successfully won the right to appeal in October. UPDATE (April 16, 2010): Simon Singh won his appeal, and the BCA dropped their suit.
On August 7, the Arizona Republic reported: The race for a state Senate seat in west Mesa broke out into a wide-open brawl Wednesday, with allegations that Rep. Russell Pearce attacked his wife nearly three decades ago and Pearce’s campaign firing back that the charge is false and the height of sleazy campaigning. A mailer sent to voters in west Mesa cited a divorce petition that LuAnne Pearce filed in 1980. In it, she charges that her husband had a violent temper, hit her and shoved her. The petition also says that two days before the filing, Pearce “grabbed the wife by the throat and threw her down." ...
Creation Ministries International has updated its website to respond to the trove of documents released by Answers in Genesis. The Answers in Genesis site now includes the U.S. judge’s order to compel arbitration in the U.S. (PDF). The court’s order requires arbitration to occur in the U.S., but does not put a stop to the legal action in Australia, on the grounds that one of the documents at issue (the Deed of Copyright License or DOCL) says that the parties do “not object to the exercise of jurisdiction by [the Australian courts] on any basis” (to quote the judge’s quotation from the document). The judge describes his order as granting in part and denying in part the Answers in Genesis petition, though Answers in Genesis describes it merely as granting their petition to compel arbitration. The CMI update has a lengthy list of “WHAT AIG IS CAREFUL NOT TO TELL YOU” that makes the point that the U.S. and Australian groups were not as separate as AiG has tried to convey, with interesting examples such as that the U.S. group had appointed a CEO/COO to report to Ken Ham as president, and Carl Wieland of the Australian group was given the task of firing this person. Another is that the letter from Wieland to the U.S. board that AiG describes as “unsolicited” was actually specifically requested by the U.S. board in response to Wieland’s criticisms that he had previously made to the Australian board (three members of which were also on the U.S. board). AiG describes its former executive VP, Brandon Vallorani, as a dupe or co-conspirator with Carl Wieland, but doesn’t note that when he was terminated he was given a payment in return for being bound to silence, and so is unable to comment on what actually happened without breaching that agreement. The CMI summary notes (as I mentioned, via Kevin Henke, in my previous post) that the Thallon document contradicts other testimony from Thallon about whether the Australian board was pressured to accept the October 2005 agreement: “Ironically, there is eyewitness testimony of people having heard Thallon himself claim that they acted under duress in signing, and we have in writing (written back at the time) from a leading creation scientist and professor that Thallon personally told him that Ken Ham had threatened to not buy the next issue of the magazine if they failed to sign. So Thallon is either telling the truth to this scientist, or he is telling the truth in these documents–it’s hard to see how both can be the case.” It’s also interesting to note that the Thallon document alternates between U.S. and Australian spellings of some words (e.g. “organization” and “organisation” are both used in paragraph 22), which probably indicates a document prepared by Thallon (an Australian) and one or more Americans (such as AiG’s attorneys) that was not fully reviewed carefully for consistency. ...
The judge in the U.S. lawsuit filed by Answers in Genesis against Creation Ministries International said that he intended to rule that the groups go into arbitration in Kentucky, under the rules of the American Arbitration Association. But he rejected AiG’s demands to stop the legal proceeding in Australia or to force arbitration by Peacemakers/ICC, the organization they had selected for Christian arbitration. After the hearing, CMI’s attorney proposed that the judge himself mediate a one-day attempt to resolve the dispute more quickly, and the judge agreed on the condition that the mediation meeting be limited to Carl Wieland, Ken Ham, and their respective attorneys. CMI agreed, posted a note to that effect on their website, and booked airfare. AiG, however, objected to the restriction to one person, and requested that an additional person participate, on the grounds that Ken Ham is not a member of the AiG board of directors. The judge then withdrew the mediation offer, and the case will continue in the U.S., without going to Christian arbitration. CMI has a new web page up describing the mediation offer and speculating on the next steps. They observe that the judge has made multiple statements to the effect that the only jurisdiction mentioned in the legal documents between the groups is Australia, and point out that they have already filed an appeal on that basis regarding the judge’s decision to require arbitration in the United States. CMI has also updated their main web page on the dispute.
This is a video of a presentation at the TED conference by Robert Neuwirth, author of Shadow Cities: A Billion Squatters, A New Urban World, about how the growth of squatter cities represents the cities of the future, as a growing percentage of the world’s population will live in such cities. I find it fascinating how such extra-legal cities which tend to operate beyond the fringes of the law, are places of considerable freedom and opportunity despite their poverty. Another similar book is Ian Lambot and Greg Girard’s City of Darkness: Life in Kowloon City, about the squatter city of Kowloon Walled City on the peninsula south of Hong Kong, where squatters developed their own systems of property rights and rules in the absence of government intervention.
Mississippi coroner Steven Hayne, whose incompetent and dishonest work has been exposed in numerous articles by Radley Balko at The Agitator, will be cut off from future work–but only after he completes a backlog of 400-500 autopsies in the next 90 days. That’s more than double the number of annual autopsies per year per coroner according to the National Association of Medical Examiners, and he’s typically done 1,500 per year. The NAME says a coroner shouldn’t do more than 250 a year, and will not certify any coroner who does over 350 a year. Balko points out how inept and dishonest Mississippi’s government and newspapers have been in dealing with Hayne. Mississippi is not a state I ever want to visit, let alone live in. UPDATE (September 7, 2008): Radley Balko has tracked down a file of complaints about Hayne going back to the early nineties which shows, among other things, that the government in Mississippi was well aware of what Hayne was doing, and used him because he gave them the results they wanted. UPDATE (September 10, 2008): Balko has an update to his September 7 post that corrects a statement about Dr. Emily Ward, Mississippi’s last official state medical examiner. ...
Via The Agitator, here’s video from a Critical Mass event in New York City which compares what actually happened on the scene from multiple angles to what police officers wrote in their reports. I have no sympathy for people who violate traffic laws like running red lights (which happens near the beginning of the video) or behaving like five-year-olds (which happens near the end), but this video also shows people who are supposed to be public servants violating people’s rights and lying to make arrests on false pretenses. Officers like Sgt. Timothy Horohoe need to be not just fired, but criminally prosecuted. The video asserts that Joyce Lin (the aforementioned person acting like a five-year-old) was within her rights to not produce identification and walk away, but this may not be true depending on New York law. Nevada has a law that requires suspects to identify themselves in certain conditions, which was upheld by the U.S. Supreme Court in Hiibel v. Sixth Judicial District Court of Nevada (542 U.S. 177, 2004). If New York has a similar law, Lin was required to identify herself. UPDATE (December 17, 2008): A Critical Mass bicyclist knocked from his bike by an NYPD cop in a similar incident in July, caught on video and viewed over 1.8 million times on YouTube has been cleared, and the cop indicted, stripped of his badge and gun, and assigned to desk duty. The NYPD officer in that case was Patrick Pogan. Sometimes flagrant police abuses do get punished, but it’s a pity they often have to be caught on video and seen widely for that to happen. ...
The Los Angeles Times reports: Long controversial for its aggressive evangelism aimed at those with a troubled past – ex-convicts and drug addicts among them – the Anaheim-based Christian motorcycle gang known as the Set Free Soldiers found itself in deeper trouble Wednesday when its leader and half a dozen members were arrested on suspicion of attempted murder. The arrests, which followed a double stabbing in a brawl with the Hells Angels at a Newport Beach bar July 27, was the latest brush with the law for the group of black-leather-clad bikers, which has straddled the line between Christian outreach group and outlaw motorcycle gang.I’ll add this one to my response to Beliefnet commenter Houghton, who seem to think that we should be more concerned about P.Z. Myers-inspired atheist violence.