Pakistan’s War on Atheism – The Diplomat

On Tuesday a High Court Judge in Pakistans capital Islamabad reiterated in a hearing that blasphemers are terrorists,as a petitioner sought a ban on social media pages allegedly uploading derogatory posts against Islam and Prophet Muhammad.

Justice Shaukat Aziz Siddiqui, who has broken down in tears in every single one of the three hearings on the case this week, on Wednesday asked the government to put blasphemers on the Exit Control List (ECL).

On Thursday, Siddiqui, who has represented Islamic State-sympathizing Lal Masjid cleric Abdul Aziz in the past, said he would summon the prime minister if no action is taken against social media pages that post blasphemous content.

The Islamabad police have since registered a case against the owners of these pages. The Senate has approved a resolution demanding strict action against blasphemous content online. Meanwhile, the Federal Investigation Agency has published ads in national dailies asking citizens to help identify blasphemers on Facebook.

During the hearing this week, the Islamabad High Court (IHC) judge, implied that murder would be inevitableif the pages arent blocked. He went on to add that liberal secular extremism is a bigger threat than Islamic extremism.

Pakistans interior secretary assured Justice Siddiqui that the entire government machinery would be set in motionto address the issue. This was followed by the interior minister vowing to block social media completely if the issue isnt resolved.

Meanwhile, the Pakistan Telecommunication Authority (PTA) Chairman, in his defense, said that similar social media pages have recently been blocked and that it takes time to convince the Facebook administration to take action.

These blocked pages include Bhensa, Mochi, and Roshni, which have either been blocked or taken over by the Elite Cyber Force of Pakistan.

In January, secular bloggers and activists, many of whom were accused of being affiliated with these pages, were abducted from various parts of the country, with the well-coordinated maneuver accused of being a state-backed operation by many quarters.

While many were subsequently recovered, some fled the country immediately. One of these activists revealed on Thursday how the state had tortured him beyond limits.

Almost parallel to the activists release, the Jamaat-ud-Dawa (JuD) Chief Hafiz Saeed, accused of masterminding the Mumbai Attacks, was put under house arrest. Many believe the states long overdue action against Kashmir-bound jihadists is being pushed by China, as it seeks security for the much touted economic corridor.

With the current ruling party forging political alliances with many of these jihadist groups, and the Army using them as strategic assetsfor proxy wars in Kashmir and Afghanistan, only external pressure can lead todecisive counterterror action.

But what this has meant is that both the civilian and military leaders now have to appease their heretofore Islamist allies to avoid collective backlash, as action against jihadist groups becomes inevitable. Pakistans overt war against freethinkers might just give the state the respite that it needs.

Last year, Pakistan also passed its cybercrime law, which upholds identical punishments for Penal Code violations in the cyber-sphere. This means that blasphemy would be punishable by death, even if committedonline.

The immediate impact of Januarys abductions was a mass exodus of anonymous secular bloggers from the web. Satirical publication Khabaristan Times was also banned by the PTA, while a shift in editorial policies has been visible in many online and mainstream liberal publications.

This is why Justice Siddiquis juxtaposition of liberal secular extremists and radical Islamists is critical. All state institutions echoing apologia for Islamists, and slamming secularists, is menacing for an already endangered species: the Pakistani atheist.

Delineating the ideological divide, which would result in any liberal ideals being thrown to the wolves, couldve instigated Bangladesh-like violence had Pakistani freethinkers been a quasi-significant demographic. As it is, a few abductions, and banned web pages, were enough to silence many of us.

Ironically, it is the states appeasement of radical Islam that has caused an upsurge in the number of atheists in Pakistan. This is why an official discourse on atheism has been going on in Pakistan, resulting in many expressing non-belief online, most doing so anonymously.

While one still cant officially register as an atheist, or opt for No Religion as identity for the national database, the number of atheists is believed to have increased following the advent of Internet and social media allowing isolated nonbelievers to connect.

Muslims abandoning Islam even if not their Muslim identity is a global phenomenon, and the apostasy wave is upsetting the Islamist cart in Pakistan as well.

In 2015, the hashtag #___ or Aik crore Pakistani mulhid (10 million Pakistani atheists) trended around Darwin Day, with thousands of Twitter users tweeting both for and against atheism. It trended around February 12 last year again. But we didnt see a repeat last month.

While 10 million might be significant exaggeration, a Gallup poll of 50,000 people found that 2percent of Pakistanis self-identified atheists in 2012, which had doubled from the 1percent in 2005.

Pakistani atheists a broad term encompassing agonistics, the irreligious, deists, and humanists alike have been lazily painted by the Islamists as liberals and seculars, despite the fact that many believing and practicing Muslims identify as such as well.

Muslims openly identifying as atheist in Pakistan would be an open invitation to violence, considering the states blasphemy laws are interpreted to outlaw apostasy, coupled with the National Database and Registration Authoritys (NADRA) refusal to let citizens officially change Islam as their religion. Hence, the aforementioned secular liberal label also provides refuge to the atheists.

Even so, in websites and social media pages that are critical of Islamic theology, the Islamists at the helm of state institutions have found the filter to sift atheists. Justice Siddiqui himself was quick to clarify that non-Muslims shouldnt be considered in the ongoing case against blasphemers, clearly underscoring apostates as the intended target.

And while these atheists of Muslim heritage arent an organized political entity as is the case in Bangladesh the IHCs verdict, and the capital police registering a case weeks after action against secular activists had already been taken, smacks of a thirst for blood.

Whether the episode is being staged to mollify Islamists amidst the crackdown on jihadists, or if theres a genuine clampdown against free-thought, remains to be seen. But the state seems more than willing to sacrifice its nonbelievers at the altar of its security failures.

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Pakistan's War on Atheism - The Diplomat

Hubble Space Telescope spots galaxy four times the mass of the Milky way – The Indian Express


The Indian Express
Hubble Space Telescope spots galaxy four times the mass of the Milky way
The Indian Express
The Hubble space telescope has captured a new image showcasing an incredibly massive galaxy located under 400 million light-years away from the Earth. The galaxy UGC 12591 sits somewhere between a lenticular and a spiral, according to NASA.
NASA's Hubble telescope captures image of UGC 12591 galaxyBGR India
NASA/ESA Hubble Space Telescope Image Showcases ...SpaceCoastDaily.com
See Pic: NASA Hubble shots breathtaking image of Galactic HybridThe TeCake

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Hubble Space Telescope spots galaxy four times the mass of the Milky way - The Indian Express

Trump and Merkel to discuss NATO, terrorism in next week’s meeting – PBS NewsHour

Germanys Chancellor Angela Merkel holds a news conference after a EU Summit at the European Council headquarters in Brussels, Belgium in March. Photo by Eric Vidal/Reuters

WASHINGTON After accusing German Chancellor Angela Merkel on the campaign trail of ruining Germany by welcoming refugees, President Trump will have his first face-to-face meeting with the German leader at the White House on Tuesday.

The two were expected to discuss strengthening the NATO alliance, collaborating to fight terrorism and taking steps to resolve the conflict in Ukraine, White House officials said Friday.

Trumps first encounter will be aimed at building a personal rapport with a European partner who was among former President Barack Obamas strongest allies and international confidantes, according to the officials, who briefed reporters on condition of anonymity despite the presidents recent criticism of anonymous sources.

Merkel, however, will need to look past Trumps past comments, when he accused her of ruining Germany because of her acceptance of refugees. Trump often claimed that his Democratic presidential rival, Hillary Clinton, was running to be Americas Angela Merkel and argued that Germany was in the midst of crisis.

White House officials said Trump would press Germany to set an example on the need for NATO members to spend more on defense, which Germany has resisted. NATOs 28-member countries committed in 2014 to spending 2 percent of their gross domestic product on defense within a decade but only the U.S. and four other members of the post-World War II military coalition are in compliance.

Trump referred to NATO as obsolete prior to his inauguration. But, he has since told European leaders he agrees on the fundamental importance of the military alliance, a message that was reinforced by Vice President Mike Pence during his recent trip to Europe.

The meeting with Merkel will also allow Trump to discuss peace efforts in Ukraine. Pence and other U.S. officials have said Russia must adhere to a 2015 deal to end fighting between Ukrainian forces and Russia-backed separatists in eastern Ukraine.

White House officials said Trump was eager to hear Merkels views on her interactions with Russian President Vladimir Putin. Many European allies have been rattled by Trumps positive statements about Putin and the meeting will come amid questions about Trump associates connections to Russia.

The White House said the two leaders may also discuss the Paris accord on climate change. Trump vowed during his campaign to withdraw from the climate agreement, suggesting that global warming is a hoax created by the Chinese to hurt U.S. competitiveness. But the administration said it is still formulating its policy on the issue ahead of the G7 meeting in Italy in May and the G20 gathering in Germany in July.

READ MORE: Americans divided on whether to allow refugees into the country, poll says

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Trump and Merkel to discuss NATO, terrorism in next week's meeting - PBS NewsHour

Update on Euro-NATO Joint Jet Pilot Training Program – KFDX

WICHITA FALLS, TX - The Euro-NATO Joint Jet Pilot Training Program's steering committee meets twice a year -- one of those times at Sheppard Air Force Base.

"I'm just coordinating all of the effort that all the nation and the representatives from all of the nations are doing during the meeting. We'll just discuss frankly and honestly of what the problems are and we can find a solution that speaks to all nations," Italian A.F. Brig. Gen. Vincenzo Nuzzo, Steering Committee Chairman, said.

There are 13 NATO countries involved in ENJJPT, which are responsible for guiding what the committee does.

"They fund us. They provide the leadership that allows us to determine what our training should be for our pilots that we have here. So, when we do a steering committee, the members of each of those countries will come together and meet and discuss what we have been accomplishing and what they would like us to be able to do in the future," Colonel Gregory Keeton, 80th Flying Training Wing Commander, said.

And, it is possible a new NATO partner was in attendance this week.

"The update is actually another nation, Romania, is probably coming on-board. We are very delighted about that and, you know, we have developed new and we are looking into new training programs just to keep our pilots to receive the best training as possible," Gen. Nuzzo said.

As far as what leaders think about the NATO alliance -- after questions by President Donald Trump surrounding its cost for America compared to what other countries pay.....

"I think it is vital. In my opinion, this program is an excellent example of NATO actually paying for what they do and paying their fair share. It's a great opportunity for the tax payer and the United States to share the burden with a lot of the partners that come in here because they pay for things like runway repair -- anything that we need for the program that's accomplished is paid for by partner funding," Col. Keeton.

They said a vital alliance -- with one its key programs housed at Sheppard.

Leaders predict Romania will join the training program before the next committee meeting in September. They believe that nation will make ENJJPT even stronger and secure in the future.

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Update on Euro-NATO Joint Jet Pilot Training Program - KFDX

NATO – : Chairman of the NATO Military Committee: NATO and … – NATO HQ (press release)

General Petr Pavel, Chairman of the NATO Military Committee stressed his gratitude for Jordans contributions to NATO-led operations over many years when he visited Amman, Jordan on 7-8 March 2017. During the trip, the Chairman met with the Chairman of the Joint Chief of Staff of the Jordanian Armed Forces, Lt General Mahmoud Freihat and the Director of the Military Intelligence Directorate, General Emad Adaileh.

Jordans participation in NATO exercises, its active and valuable contribution to NATO-led operations, as well as NATOs Defence Capacity Building (DCB) assistance to Jordan were discussed by the Generals. The Chairman stated, NATO is committed to strengthening NATO - Jordanian relations. Jordan is a key partner - both a security provider and a security contributor.

During the Generals meeting with General Emad Adaileh, regional security challenges and threats were discussed as well as their worldwide impact. The Chairman welcomed the discussion as Jordan has a wealth of expertise and experience and in todays complex world, sharing information and cooperating closely is key when addressing global threats.

While in Jordan, General Pavel also delivered opening remarks at the NATO Science for Peace and Security Border Security Symposium. Only through existing relationships, expanding networks, and cooperation with multilateral security organizations can we guarantee our collective peace and security, stated the Chairman.

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NATO - : Chairman of the NATO Military Committee: NATO and ... - NATO HQ (press release)

McCain warns of fighting between NATO ally Turkey and US-backed Kurds in Syria – Military Times

During a Senate Armed Services Committee hearing Thursday, Sen. John McCain underscored the need for the Trump administration to address growing tensions between Turkey and Syrian Kurds.

McCain, the chairman of the Armed Services Committee, expressed his concerns while addressing the commander of U.S. Central Command, U.S. Army Gen. Joseph Votel, during the hearing, according to The Hill.

Unless something changes, I foresee a train wreck here, and Im not sure that the administration recognizes how seriously, particularly, [Turkish] President [Recep Tayyip] Erdogan views the threat that the Kurds pose, McCain said.

The recent uptick in clashes has concerned U.S. officials as the Pentagon considers plans for retaking the ISIS stronghold and de facto capital of Raqqa, Syria.

U.S.-backed Syrian Kurds and NATO ally Turkey have both played a role in the U.S.-led coalition to defeat ISIS. But the Kurds and Turkey have been clashing recently, as Turkey views Syrian Kurds as aligned with the PKK, a Kurdish separatist group in Turkey. Kurdish forces, also known as the YPG, are viewed with no distinction from the PKK by the Turkish government and Turkey has labeled the PKK as a terrorist group, according to the Atlantic Council.

The United States has worked directly with the YPG in both Syria and Iraq, and Syrian Kurds are considered to be the U.S.-led coalitions most effective ground partner in Syria. During the siege of Kobani in late 2014 and early 2015, YPG forces directed U.S. airstrikes, many of which were being launched from ncirlik Air Force Base in Turkey.

Recently, U.S. forces in Manbij in northern Syria have acted as a barrier between Kurdish and Turkish forces. Manbij was retaken from ISIS control by Kurdish and Syrian Arab forces last year.

During the siege of Kobani in 2014, tensions between Turkey and the Kurdish were a concern. On a recent trip to Turkey, McCain met with Erdogan, where the Turkish leader expressed a strong opposition of the U.S. working with Kurdish forces in Syria.

Im not sure theres an understanding of how seriously Erdogan views this issue, and Im not sure we appreciate the role that Turkey plays in our effort to retake Raqqa, particularly in the use of Incirlik [Air Base] and other activities that require Turkish cooperation, McCain said.

Gen. Votel agreed with McCains concerns when asked during the hearing. We are trying to take actions to prevent [conflict] from occurring, he said.

Votel told reporters after the hearing that he believes the increased U.S. presence is helping to encourage both sides to focus on defeating ISIS, rather than fighting one another.

Im pretty confident the situation in Manbij, where we are located, is stabilizing, said Votel. The whole idea here, is keep people focused on the mission at hand, which is defeating ISIS, he added.

As with fighting in Mosul, Iraq, current plans for Raqqa will require cooperation between varying forces in defeating ISIS. It is very likely that as the offensive begins, Kurdish fighters will near Turkish forces. As the U.S. works towards a plan for Raqqa, it does not want to have to keep the peace between the two groups, while trying to engage ISIS.

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McCain warns of fighting between NATO ally Turkey and US-backed Kurds in Syria - Military Times

Palm Springs’ Ric Grenell could be in running for NATO post – The Desert Sun

Palm Springs' Richard Grenell is reportedly in line to be Trump's pick as the next ambassador to NATO.(Photo: Courtesy of Grenell)

Richard Grenell was recently passed over as President Donald Trumps pick to the United Nations, but could be tapped for another roleambassador to the North Atlantic Treaty Organization, or NATO.

A Fox News contributor and resident of Palm Springs, Grenell would be the highest-ranking openly gay member of the Trump administration. Bloomberg reported the news on Tuesday.Grenell did not return a message seeking comment Friday.

For President George W. Bush, Grenell served under four U.S. Ambassadors to the U.N. and went on to work briefly on Mitt Romneys 2012 presidential campaign as a national security adviser. Hes parlayed that political and foreign policy experience into a consulting firm with offices on the east and west coasts.

READ MORE:Ric Grenell ads look to women, LGBT community

In recent years, Grenell has been critical of both Russia and the Obama administration, advocating, for instance, that the U.S. provide arms to the Ukrainian government. Obama resisted those calls in Congress, saying he didnt want to antagonize Russia a world view that Grenell described in the New York Times as nave and dangerous.

If you dont want war then you better be the advocate for diplomacy with muscle, Grenell wrote in February 2014.

Later that year, Grenell argued in a Foxop-ed that the U.S. military was the most powerful deterrent against Vladimir Putins offensive maneuverings in Ukraine and Eastern Europe. In fact, Putins unfettered offensive to reclaim Russias lost empire has convinced him that the European Union and the United States are unwilling to stop him.

He called on the U.S. to restart the missile defense shield programs in Poland and the Czech Republic that had been previously promised.

READ MORE:Trump taps a governor over Palm Springs' Ric Grenell

Trump made waves on the campaign trail when he called NATO, a nearly 68-year-old intergovernmental alliance, obsolete, questioning its security guarantees and ongoing cost. His allies, Grenell included, said Trump was negotiating, as a businessman does, and more interested in reform. The U.S. in 2016 contributed about $2 billion towards the alliance military budget, or about a fifth of the total cost.

Trump has softened his position since winning the election, saying NATO is very important to me." Defense Secretary James Mattis, whos described the alliance as essential for American security, has called on othermembers to contribute more money.

Jesse Marx covers politics. Reach him at jesse.marx@desertsun.com or @marxjesse on Twitter.

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Palm Springs' Ric Grenell could be in running for NATO post - The Desert Sun

Nato Back On Top? 133-Pound NCAA Preview – FloWrestling

Now that we have our sweet, sweet brackets for the NCAA Wrestling Championships, it's time to take a closer look at theweight classes. We'redoing a deep dive into eachdivision, rolling out previewsone at a time, so you can pour over and digest everything before thefirst whistle in St. Louis on March 16.

First was 125;now we move on up to 133.

Nahshon Garrett owned this weight class last year, going a perfect 37-0 on his way to an NCAA crown after bumping up from 125, where he wrestled the previous year. This year, Ohio State's Nathan Tomasello looks to follow a similar trajectory.

Like Garrett, Tomasellobulked up, having spent the last two seasons at 125. Also like Garrett, Nato is undefeated and the No. 1seed going into this tournament (one of 10 undefeated No.1 seeds; we will see one of those in each weight class).

However, unlike most of the other weight classes, our top-seeded wrestler at 131 did not start the season at the top. That honor belonged to Iowa senior Cory Clark. He is one of several contenders looking to stop the junior Buckeye from becoming a two-time NCAA champion.

We'll take a look at those contenders next, followed by dark horses and a full set of predictions and analysis (2017 NCAA tournament seeds in parentheses).

Tomasello just finished winning his third straight Big Ten title. Meanwhile,Seth Gross and Kaid Brock both just wrestled in the finals of the Big 12 Championships, where Gross emerged the victor after a wild 9-7 slugfest.

A returning finalist,Clark has been dogged by a shoulder injury all year long, but when he's wrestled he's been competitive with the best of the division, losing to the No.1-, No. 3-, and No.7-seeded wrestlers by a combined five points.

StevanMicic rounds out our list of contenders. The Wolverines sophomore is wrestling the best he has all year, getting revenge against Illinois seniorZane Richards at last weekend's Big Ten Championships bybeating him twice in convincing fashion.

Two of our dark horses come from the sneaky good Mid-American Conference, which is sending another five qualifiers to St. Louis in what is nationally a very deep weight class. Both BryanLantry and JoshAlber are sophomores with high ceilings and indefatigable motors. If either of them get on a roll, he isgoing to be trouble for higher-seeded guys in hisway.

ScottDelvecchio is more of a true dark horse, spending most of the year outside the top 20. He's revving up at the right time, however. Though he only placed ninth at the Big Ten Championships, the two losses he suffered were to No.1 Tomasello and No.8Richards by a total of just four points.

I also think Brock will avenge his Big 12 finals loss in the semis against Gross and score more precious team points for the Cowboys. Who knows if the team score will even be a factor at this point in the tournament, but you can bet that Oklahoma State head coach John Smith will have his 133-pounder primed for the big stage regardless.

Check out Brock putting away two-timeAll-American Earl Hallin anentertainingBig 12 semifinals bout: Additionally, I think Stevan Micic will get by Cory Clark in a heroic quarterfinal contestbut then fall to Nato in the semis. Micic willget to third place-match where he'll see Gross, who advances to the consolation finals after falling to Brock inthe semis. I think Gross comes out on top here and places third.

Lehigh juniorScotty Parkermissed a good chunk of the seasondue to injurybutlooked ferocious while winning an EIWA championship last week. He'll beat Richards in a mild round-of-16 upset before getting bounced into the consis by Nato in the quarters, where he'll thenrun into, and get the better of,Clark.

I seeParker takingfifth over Dom Forys, who famously did not place in the Pennsylvania state championships his senior year of high school. But Dommore than makes up for it this year atNCAAs with a commendable sixth-place finish and All-American honors.

Dark horse Josh Alber makes it past his MAC nemesis, John Erneste, and finds his way to the 7/8 placement match, where the veteranClark will be waiting for him. Clark ends his incredible Hawkeyes career on a positive note, taking seventh, while the young Panther finishes eighth and begins preparations for next season.

Think you can make better picks? There's a very good chance you can! Here's the 133 bracket. Let me know what you think, and enjoy the championship, wrestling fans!

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Nato Back On Top? 133-Pound NCAA Preview - FloWrestling

Congress again pushing NSA to reveal number of Americans under surveillance – Digital Trends

Why it matters to you

Are you curious to know just how many Americans are affected by the NSA's mass-surveillance programs. Well, the agency still isn't talking.

With the legislation that effectively legalizes the National Security Agency mass surveillance programs Prism and Upstream set to expire at the end of 2017, Congress is once again asking for numbers on how many Americans have been surveilled. Just as it has for the past six years, though, the NSA isnt playing ball.

Although most Americans only learned of the countrys large-scale spying operations after NSA whistleblowerEdward Snowden revealed them, Congress has been aware a little longer. Since 2011, several key members have been trying to find out how many Americans the NSA has collected personal information from, but theyvealways been denied, according to Ars Technica.

More:The NSA and GCHQ can see data from your phone when youre 10,000 feet in the air

The reason Congress is making a big case to have those numbers revealed this year is because, as during the Obama administration, Section 702 of the Foreign Intelligence Surveillance Act (FISA) will expire on December 31. While the Trump administration is keen to see this legislation remain in place, according toThe Intercept, Congress wants the numbers to know just how effective it is and how much useless information is potentially collected from regular citizens.

The NSA says that it cant reveal them, even in top-secret briefings. Just as it did whenSen. Ron Wyden (D-Oregon) requested them in 2011, 2012 and 2014, it claims that by revealing how many Americans were affected, it would require identifying them. That, it claims, would mean destroying their anonymity as part of the data, thereby making their information more vulnerable.

That sort of circular logic isnt sitting well with senators, norwith privacy champion the Electronic Frontier Foundation. It is urging Congress to allow FISA to expire, thereby making the mass spying conducted by the NSA and other intelligence agencies illegal in the future.

As it stands, the NSA uses Prism to siphon mass data from popular online services like Facebook, Google, Microsoft, and Yahoo, while Upstream lets it tap into the fiber cables that transmit the internet across the country and around the world.

Although the NSA and others argue that such technologies are vital in helping protect Americans, many have argued that mass surveillance breaches the Constitution and undermines the idea of a free and democratic society.

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Congress again pushing NSA to reveal number of Americans under surveillance - Digital Trends

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Congress Seek Answers On NSA’s New Powers | The Daily Caller – Daily Caller

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WASHINGTON Congresswants answers about the National Security Agencys expansion of powers in respect to sharing intercepted personal communications with 16 other federal agencies.

President Barack Obama amended an executive order last January that expanded the NSAs abilities to share intelligence.

So that was in the works for a long time. At this point I know that thats out there. Were asking questions about it. I dont think theres anything that that that issue would have to deal with the investigation, but weve asked questions about it, House Intelligence Committee Chairman Devin Nunes told reporters Thursday night, adding that members on the floor had asked him about it as a result of the coverage of the issue in the news.

Other intelligence committee members in their respective chambers had little to say about the effect the new rule has had. Texas Democratic Rep. Joaquin Castro said he did not like to comment off the cuff on about intelligence security matters and the Senate Intelligence Committee Ranking member said he could not comment at the time.

House Minority Leader Nancy Pelosi, one of eight congressional leaders who receives exclusive intelligence information,would only say she did not believe the change in the NSAs powers caused recent leaks about sensitive information related to the Trump administration to occur.

I mean, I think that we all dont want everybody in pipeline, so were not having the benefit of information or intelligence to keep the American people safe. But I dont think that has anything to do with leaks, she said.

Texas Republican Rep. Louie Gohmert warned that reversing the NSAs expansion would be more difficult now.

Sure, that could be reversed. But its one of those things where youd be able to put you know that virus back into the little box or is it growing and spread too far, because you know its a legitimate question, Gohmert said.

He explained, Now that the intelligence community has seen what its like to spread what is supposed to be very private confidential classified wiretap information, and thats spread across 16 or 17 other federal agencies. I dont know if they would want to give that up. And even if they change the executive order, if that will be complied with.

Gohmert added, This is a very scary time for those of us who believe in a constitutional democratic republic.

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Congress Seek Answers On NSA's New Powers | The Daily Caller - Daily Caller

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White House Denies Knowledge of Donald Trump’s NSA Being An Agent of a Foreign Government – PoliticusUSA

These are definitely uncharted waters, if not alarming and frightening waters. Donald Trump ran against his Democratic rival by calling her crooked Hillary. Just keep that in mind during this story.

White House Press Secretary Sean Spicer said he didnt believe it was known that Michael Flynn, who had to resign as Donald Trumps National Security Adviser due to undisclosed contacts with Russia that he lied about, was also working as a foreign agent for Turkey during the campaign, while he served as a top adviser to Donald Trump. Flynn was paid $530,000 for 3 months of work as a foreign agent for Turkey, according to recent filings.

The White House couldnt really say if they knew about Flynns work as a foreign agent whilst he served as top adviser to Donald Trump and at the time that President Trump appointed him to be the National Security Adviser.

From the White House briefing during a question and answer with reporterJohn Roberts:

Q Was the President aware that Lieutenant General Michael Flynn was acting as a foreign agent when he appointed him to be the national security advisor?

MR. SPICER: I dont believe that that was known. I would refer you to General Flynn and the Department of Justice in terms of the filings that have been made.

Q Had the President have known that, would he have appointed him?

MR. SPICER: I dont know, John. Thats a hypothetical that Im not prepared to ask. I dont know what he discussed prior to being appointed in terms of his background, his resume, his client base. I dont know any of that. I know that, from what I have read, that he has filed the appropriate forms with the Department of Justice, and I think you should ask him and subsequently them if you have any questions about this specific filing.

Actually, no, Flynn did not file the appropriate forms with the Justice Department at the time, which is technically a felony.

The amended filing was made in response to pressure from Justice Department officials in recent weeks, the AP reported a businessman who hired Flynns consulting firm telling them. The businessman, Ekim Alptekin, said in a phone call from Istanbul that the changes were a response to political pressure and he did not agree with Flynns decision to file the registration documents with the Justice Department.

Normally the Justice Department doesnt go around pursuing felony charges against people who fail to file properly, but in this case we have a man working as top adviser and then National Security Adviser in the White House, whose other foreign contacts are already such a problem that he was fired after misrepresenting them.

This disconnect between what Flynns firm reported and what was really going on is startling, said Alex Howard, deputy director of the pro-transparency Sunlight Foundation,The Huffington Post reported based on an interview with Howard. Howard explained to HuffPo, If people lobby for foreign countries in the United States, much less if former high-ranking military officers lobby for foreign countries, its reasonable to expect them to register [with the Justice Department] at the point they sign a contract.

If Donald Trump didnt know his own top adviser and person he appointed as National Security Adviser was working, quite literally, as a foreign agent at the time, he is too foolish to be president. If he did know, he has a lot of explaining to do.

What exactly is the vetting process the Trump camp used to pick people? Or, better yet, was there a vetting process other than ideological fits with their conspiracy theories and a desire to bring down the government from within.

Donald Trumps actions and choices since taking office have already disproven his claim that he willMake America Great Again.

Update 6:00 PM EST: So, this denial isnt looking so hot, just a few hours later:

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White House Denies Knowledge of Donald Trump's NSA Being An Agent of a Foreign Government - PoliticusUSA

Posted in NSA

New Hampshire House Passes Bill Banning Support for Warrantless Federal Spying Programs – Tenth Amendment Center (blog)

CONCORD, N.H. (Mar.10, 2017) The New Hampshire House has passeda bill that would ban material support or resources towarrantless federal spying.The vote was 199-153.

Rep. Neal Kurk and Rep. Carol McGuire, along with two cosponsors, introduced House Bill 171 (HB171). The legislation would prohibit the state or its political subdivisions from assisting a federal agency in the collection of electronic data without a warrant.

Neither the state nor its political subdivisions shall assist, participate with, or provide material support or resources to enable or facilitate a federal agency in the collection or use of a persons electronic data or metadata, without that persons informed consent, or without a warrant issued by a judge and based upon probable cause that particularly describes the person, place, or thing to be searched or seized, or without acting in accordance with a judicially-recognized exception to the warrant requirement of the Fourth Amendment to the Unites States Constitution.

On Feb. 15, the full House gave HB171 initial approval with an ought to pass recommendation by a 199-153 vote. It was then referredback to the House Criminal Justice and Public Safety Committee. Under House rules, bills with certain subject matter are required to go through a 2nd committee for approval, however the Chair has the discretion to decline that 2nd referral.

Today, House House Criminal Justice and Public Safety ChairDavidWelch(r) exercised that prerogative per House Rule 46(f), and the original Feb. 15 vote stands as final House passage of the bill.

PRACTICAL EFFECT

Because the federal government relies heavily on partnerships and information sharing with state and local law enforcement agencies, passage of HB171 wouldhinder warrantless surveillance in the state. For instance, if the feds wanted to engage in mass surveillance on specific groups or political organizations in New Hampshire, it would have to proceed without state or local assistance. That would likely prove problematic.

The feds share and tap into vast amounts of information gathered at the state and local level through a programknown as the information sharing environment or ISE. This includes monitoring phone calls, emails, web browsing history and text messages, all with no warrant, no probable cause, and without the people even knowing it.

According to its website, the ISE provides analysts, operators, and investigators with information needed to enhance national security. These analysts, operators, and investigators have mission needs to collaborate and share information with each other and with private sector partners and our foreign allies. In other words, ISE serves as a conduit for the sharing of information gathered without a warrant.

State and local law enforcement agencies regularly providesurveillance data to the federal government through ISE and Fusion Centers. They collect and store information from cell-site simulators (AKA stingrays), automated license plate readers (ALPRs), drones, facial recognition systems, and even smart or advanced power meters in homes.

Passage of HB171 would set the stage to end this sharing of warrantless information with the federal government. It would also prohibit state and local agencies from actively assisting in warrantless surveillance operations.

By including a prohibition on participation in the illegal collection and use of electronic data and metadata by the state, HB171would also prohibit what NSA former Chief Technical Director William Binney called the countrys greatest threat since the Civil War.

The bill would ban the state from obtaining or making use of electronic data or metadata obtained by the NSA without a warrant.

Reuters revealed the extent of such NSA data sharing with state and local law enforcement in an August 2013 article. According to documents obtained by the news agency, the NSA passes information to police through a formerly secret DEA unit known Special Operations Divisions and the cases rarely involve national security issues. Almost all of the information involves regular criminal investigations, not terror-related investigations.

In other words, not only does the NSA collect and store this data. using it to build profiles, the agency encourages state and local law enforcement to violate the Fourth Amendment by making use of this information in their day-to-day investigations.

This is the most threatening situation to our constitutional republic since the Civil War, Binney said.

NSA FACILITIES

The original definition of material support or resources included providing tangible support such as money, goods, and materials and also less concrete support, such as personnel and training. Section 805 of the PATRIOT Act expanded the definition to include expert advice or assistance.

Practically-speaking, the legislation would almost certainly stop the NSA from ever setting up a new facility in New Hampshire.

In 2006, the agency maxed out the Baltimore-area power grid, creating the potential, as the Baltimore Sun reported, for a virtual shutdown of the agency. Since then, the NSA aggressively expanded in states like Utah, Texas, Georgia and elsewhere, generally focusing on locations that can provide cheap and plentiful resources like water and power.

For instance, analysts estimate the NSA data storage facility in Bluffdale, Utah, will use 46 million gallons of water every day to cool its massive computers. The city supplies this water based on a contract it entered into with the spy agency. The state could turn of the water by voiding the contract, or refusing to renew it. No water would effectively mean no NSA facility.

What will stop the NSA from expanding in other states? Bills like HB171. By passing this legislation, New Hampshire would become much less attractive for the NSA because it would not be able to access state or local water or power supplies. If enough states step up and pass the Fourth Amendment Protection act, we can literally box them in and shut them down.

LEGAL BASIS

HB171 rests on a well-established legal principle known as the anti-commandeering doctrine. Simply put, the federal government cannot force states to help implement or enforce any federal act or program. Theanti-commandeering doctrineis based primarily on four Supreme Court cases dating back to 1842. Printz v. US serves as the cornerstone.

We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the States officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policy making is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.

NEXT UP

California Gov. Jerry Brown signed a limited version of the Fourth Amendment Protection Act in 2014. The law prohibits state cooperation when a federal agency requests state assistance in data collection if there exists actual knowledge that the request constitutes an illegal or unconstitutional collection of electronically stored information. Although that law will need further steps to put into practical effect, it set a strong foundation that HB171 would expand on for New Hampshire.

The legislation willnow move to the Senate for further consideration.

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New Hampshire House Passes Bill Banning Support for Warrantless Federal Spying Programs - Tenth Amendment Center (blog)

Your Help Urgently Needed to Protect the Second Amendment Rights of America’s Veterans! – NRA ILA

Americas veterans helped protect us. Now we can ensure they themselves are not arbitrarily denied the right of self-protection.

On Wednesday, the House Committee on Veterans Affairs marked up and favorably reported H.R. 1181, the Veterans 2nd Amendment Protection Act, sponsored by Committee Chairman Phil Roe, M.D. (R-TN). The bill now moves to the full U.S. House, where a vote could come as early as next week.

H.R. 1181 is meant to deal with a longstanding and shameful practice by the U.S. Department of Veterans Affairs (VA), which administers disability benefits for veterans and their families. Under this practice, anyone who the VA declares incompetent to manage his or her own benefits and assigns a fiduciary is automatically reported to the National Instant Criminal Background Check System (NICS) as a prohibited mental defective. The person is then subject to a lifetime ban on the acquisition and possession of firearms, unless he or she successfully petitions for relief from disabilities.

As of Dec. 31, 2016, the NICS contained 167,815 active records submitted by the VA under this program.

The VAs program suffers from a number of legal and practical issues.

Above all, it does not attempt to identify which beneficiaries have mental illnesses that actually cause them to be a danger to themselves or others. Rather, it merely targets individuals who have been identified as needing help to manage their benefits. Yet there is no scientific or empirical evidence to support the idea that needing help managing money is the same thing as being too dangerous or irresponsible to safely handle a firearm.

Second, the statute on which the reporting is based prohibits firearm acquisition or possession by persons who have been adjudicated as a mental defective. While these terms are not defined in the statute, the purely bureaucratic process by which a fiduciary is assigned which in most cases does not involve a hearing, much less a judge is hardly the sort of procedure most would consider an adjudication. And the only issue at stake is whether the person needs help with his or her finances. It does not affect rights other than under the Second Amendment, including the right to form legally binding contracts, vote, hold office, serve on a jury, etc.

While the VA does theoretically make relief available after the fact, few of the beneficiaries affected by the program have the means to negotiate the highly bureaucratic process, which may also require expensive mental health evaluations and legal aid. The procedure also turns due process on its head by forcing the petitioner to prove by a high standard of evidence that he or she is not a risk to public safety, a premise the government was never required to establish in the original adjudication.

The VAs own records showed that as of April 2015, only 3% of relief petitions had been granted. And the decision makers considering the petitions are the same sorts of VA bureaucrats who made the original fiduciary determination, not an independent judge or magistrate.

H.R. 1181 would change all this by ensuring that the VA could only report a beneficiary to NICS as prohibited mental defective if a judicial authority had already made a finding that the person is a danger to self or others. This would ensure due process, as well protect those who simply need help managing their finances but are not at increased risk of committing a dangerous act with a firearm.

President Trump signed a measure into law last month that prevented the Social Security Administration from going through with a plan to implement a similar reporting system for certain of its Disability or Supplementary Security Income beneficiaries assigned representative payees.

And the House had passed a bill to halt VAs program in 2011, which eventually died in the Senate.

Action to stop this unconscionable infringement of veterans Second Amendment Rights is long overdue.

Please contact your congressional representative NOW and respectfully ask him or her to vote YES on H.R. 1181, the Veterans 2nd Amendment Protection Act. You can call the Congressional Switchboard at 202-224-3121 and ask to be connected to your representatives office, or you can send an email using our Take Action tool.

Americas veterans answered the call to serve for the good of all. Now is your chance to ensure their rights are protected. Dont delay. Please call or write your representative today.

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Your Help Urgently Needed to Protect the Second Amendment Rights of America's Veterans! - NRA ILA

Pennsylvania Court: Automatic Knives not Protected by Second Amendment – AmmoLand Shooting Sports News


AmmoLand Shooting Sports News
Pennsylvania Court: Automatic Knives not Protected by Second Amendment
AmmoLand Shooting Sports News
An appeal was filed shortly after the conviction, based solely on the Second Amendment to the Constitution of the United States. The appeal did not reference Pennsylvania's state Constitution. Pennsylvania has a strong right to bear arms provision in ...

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Pennsylvania Court: Automatic Knives not Protected by Second Amendment - AmmoLand Shooting Sports News

FYI , AR-15 Rifles Are No Longer Included in Second Amendment – AmmoLand Shooting Sports News


AmmoLand Shooting Sports News
FYI , AR-15 Rifles Are No Longer Included in Second Amendment
AmmoLand Shooting Sports News
Buckeye, AZ -(Ammoland.com)- By now you've probably heard about the Federal Court of Appeals for the 4th Circuit's horrible anti-rights decision declaring that so-called assault weapons and high-capacity magazines are not protected by the Second ...

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FYI , AR-15 Rifles Are No Longer Included in Second Amendment - AmmoLand Shooting Sports News

Second Amendment’s illogical conclusion | Letter – The Courier-Journal

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CJ Letter 2:23 p.m. ET March 10, 2017

Nuclear explosion(Photo: RomoloTavani, Getty Images/iStockphoto)

I am curious if Mr. Milby - Reader's Forum "Weapons of war protected by Second Amendment" March 8, 2017- believes that Second Amendment rights extend to nuclear weapons. If not, where does he draw the line on the spectrum of weapons between, say,rocks and anyweapons of mass destruction?In addition tonuclear bombs, are chemical weapons covered by the Second Amendment? What about lasers from satellites? Ballistic missiles? As a private citizen, I just want to know what I and my fellow citizens have a right to own and use in order to defendourselves from tyranny, government or otherwise. Or, maybe the interpretation of the Second Amendment should be more nuanced than Mr. Milby proclaims.

Christopher Rife

Louisville40291

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Second Amendment's illogical conclusion | Letter - The Courier-Journal

Is there a First Amendment right to LinkedIn? – Cincinnati.com

Jack Greiner 7:04 a.m. ET March 10, 2017

John C. Greiner, attorney for Graydon Head Legal Counsel. He's a commercial litigator with an emphasis on communications and media law. He serves on the firm's Appellate Practice Group. (Photo: Provided, Provided)

The Supreme Court of the United States heard oral argument recentlyon a case that poses the question whether the First Amendment prevents a state from prohibiting a person from using certain designated social media sites. On its face, that question may elicit a question in response, e.g. why would the state prevent anyone from using social media?

And the answer is that North Carolina has a statute that prohibits registered sex offenders from accessing: a commercial social networking Web site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages on the commercial social networking Web site.

The statute defines commercial social networking site as one that:

That definition, of course, sweeps a lot of sites under its reach, including LinkedIn. And that poses a problem for people affected by the law. People use social networking for any number of reasons some trivial, some not. Job seekers no doubt use LinkedIn to search for opportunities and otherwise network. A law that shuts off that resource makes it tough to find work.

The law may or may not be good policy. But that isnt the issue for the Supreme Court. The question there is whether the Constitution permits it. And that decision may depend on a determination about what the statute actually prohibits. In upholding the law, the North Carolina Supreme Court concluded that the law did not restrict expressive conduct. And for that reason, the First Amendment did not invalidate the law, so long as the statute advanced an important government interest and wasnt substantially broader than it needed to be to achieve the interest. Applying this test, the North Carolina Supreme Court concluded that the governments interest in protecting children from sexual predators was important, and the statutes limited application (it didnt bar all internet usage) wasn't overly broad.

But the U.S. Supreme Court may conclude the statute in fact limits expressive conduct. If so, North Carolina would need to prove the ban is the least restrictive means to achieve the interest. That is a tougher test. And the Supreme Court may apply it. Justice Ruth Ginsburg, for example, noted that the First Amendment protects the right not only to speak but the right to receive information. A law barring access to a broad swath of social media sites would bar the receipt of information. If thats the case, and North Carolina has to prove the statute is the least restrictive means it will be in for an uphill fight. That standard allows the opposing party to effectively brainstorm all of the ways the law could be restricted. And if the court agrees with any of the ideas, it can invalidate the law.

We'll see how the Supreme Court resolves this one. There is still the prospect of a 4-4 tie (until Neil Gorsuch is confirmed). That would allow the law to stand. But if the Supreme Court applies the more strict standard, the odds are long for North Carolina.

It goes to show that we never know when the First Amendment will pop up. But it protects people we like as well as people who creep us out.

Jack Greiner is a lawyer with the Graydon Head law firm in Cincinnati and represents Enquirer Media in First Amendment and media issues

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Is there a First Amendment right to LinkedIn? - Cincinnati.com

First Amendment could protect Assange, despite Pence vow, says legal expert – Fox News

Vice President Mike Pence's vow to go after WikiLeaks for "one of the most significant compromises of national security in recent memory" could run smack into a First Amendment wall, according to one legal expert.

Pence, in an interview with Fox News' Bret Baier Thursday night, promised that those responsible for the 8,000-plus-file dump of CIA secrets, possibly including WikiLeaks founder Julian Assange, will pay a hefty price.

THE WEEK IN PICTURES

"Assange is clearly a media entity, albeit an unorthodox one... so the thief, the person who hands it to WikiLeaks, is the criminal. Not WikiLeaks."

- Judge Andrew Napolitano

"Trafficking in national security information, as is alleged WikiLeaks has done, is a serious offense," Pence said in an exclusive"Special Report"appearance. "This president and this administration will take it very seriously and use the full force of the law, and the resources of the United States, to hold all of those to account that were involved."

The idea of prosecuting Assange has been floating around since 2010, when WikiLeaks shared a massive trove of U.S. secrets leaked by Army Pvt. Chelsea Manning, then known as Bradley Manning. But to date, Assange has not been charged with any crime related to his website.

SESSIONS ASKS REMAINING 46 UNITED STATES ATTORNEYS TO RESIGN

The Australian-born Assange remains holed up in the Ecuadorean Embassy in London where he was granted asylum in 2012, because of a European arrest warrant stemming from sexual assault allegations made by two women in 2010. Assange denies the claims, but risks deportation the moment he steps foot outside of that embassy.

Prosecuting Assange for the document dump would be an uphill battle for the U.S., according to Fox News Senior Judicial Analyst Judge Andrew Napolitano. In the modern, increasingly broad definition of press, WikiLeaks fits the bill, he said.

"If a stolen document containing state secrets gets into the hands of the press, which is loosely defined as any entity in the business of revealing things, and it is a matter of public interest then it can be exposed with impunity," Napolitano said. "Assange is clearly a media entity, albeit an unorthodox one... so the thief, the person who hands it to WikiLeaks, is the criminal. Not WikiLeaks."

Pence is not the only elected official who would like to see Assange behind bars.

"Assange should spend the rest of his life wearing an orange jumpsuit," Sen. Ben Sasse, R-Neb., said in a Thursday statement. "He's an enemy of the American people and an ally to Vladimir Putin."

Tuesday's leak of more than 8,000 documents touched off an international uproar, as some of the spy agency's most closely guarded cyber tools were allegedly revealed to the world. The CIA, according to the files, has the ability to spy on people through their smartphones and certain TVs and computers, expressed interest in hacking into the electrical systems of automobiles and operates a clandestine hacking sites in Germany.

While the First Amendment may protect Assange, it would not cover anyone who illegally leaked the material to his organization. The FBI has already mounted an investigation aimed at finding the mole who divulged the material or any external hacker who retrieved it from CIA servers.

But U.S. investigators will get no help from Assange on that score.

"We're specialists in source protection," Assange said.

Adding to the difficulty in tracing the source of this leak is the fact that many of the tools the government would have used may have just been shared with the public, at least according to WikiLeaks.

"How can you use your full resources when they were just radically depleted?" cybersecurity expert Gregory Keeley wondered. "This is analogous to the nuclear football codes being posted on Facebook."

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First Amendment could protect Assange, despite Pence vow, says legal expert - Fox News

The First Amendment Red Herring In The Net Neutrality Debate – Forbes


Forbes
The First Amendment Red Herring In The Net Neutrality Debate
Forbes
Since the transition in January, progressive tech policy groups have worked overtime to shield the Obama Administration's net neutrality rules from President Trump's deregulatory scythe. These rules, adopted by the Federal Communications Commission in ...

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The First Amendment Red Herring In The Net Neutrality Debate - Forbes

Lawsuit: Mug shot website posts incomplete records so sister site can solicit ‘takedown’ fees – Chicago Tribune

Peter Gabiola thought he was on the right track in 2013. He was out of prison and had been off parole for retail theft for more than a year when he started a new job with a Buffalo Grove sales and marketing firm.

But about an hour after he started, someone at the business Googled his name and saw that he was listed as being on parole. The company fired him immediately, he said.

The Illinois Department of Corrections had removed his records from its website. Commercial website Mugshots.com, however, still featured the information.

After having two more job offers rescinded, Gabiola typed his name into Google himself, saw his page on Mugshots.com, and contacted another site, Unpublisharrest.com, to try to get it taken down. He said the site, which only offers its service for Mugshots.com, told him it would cost $15,000 to attempt to scrub the information with no guarantee that his profile would be removed.

Decades ago, booking photos taken after someone is accused of, though not necessarily found guilty of, a crime had a shelf life, remaining available only if someone kept a newspaper clipping or was willing to visit the public library to scroll through microfilm.

But in the internet age, mug shots culled from public law enforcement endure on the web. The sites argue that people have the right to know whether, say, their son's baseball coach has been arrested. Mugshots.com says it's merely republishing arrest information from publicly available government records, so the First Amendment immunizes it from liability.

However, the growing business of charging consumers money to wipe the slate clean is drawing scrutiny across the country.

Illinois and some other states prohibit companies that publish mug shots from soliciting or accepting fees to remove or correct information about criminal records, equating that business model to extortion. Some credit card companies have policies prohibiting the use of their cards on mug shot removal sites.

A cottage industry of reputation-management websites has sprung up, offering comprehensive removal services so people whose mug shots are published don't have to go through the time-consuming and expensive process of contacting each site individually to get them removed.

Gabiola is a lead plaintiff in a federal lawsuit seeking class-action status against Mugshots.com. The lawsuit alleges the site posts incomplete records so, in turn, Unpublisharrest.com, which the suit claims is a sister site, can solicit "takedown" fees from people desperate for a more wholesome digital footprint.

The lawsuit, filed last year, seeks $1,000 for each class member, plus punitive damages, and aims to force Mugshots.com to remove class members' photos. It seeks to represent, among others, anyone from Illinois whose information has been published on the site since Nov. 21, 2011, and anyone from other states whose information has been published since Nov. 21, 2012.

About 43,500 inmates currently are housed in Illinois prisons, and the experience of ex-inmates like Gabiola has drawn the attention of state Attorney General Lisa Madigan. She has intervened in Gabiola's case against Mugshots.com, saying the state "has a substantial interest in protecting citizens against financial exploitation" that "preys upon the stigma associated with being arrested, convicted or imprisoned."

Mugshots.com and Unpublisharrest.com "used photographs from the most humiliating moments in people's lives to shake them down for money," Madigan's office said in a November court filing, characterizing Mugshots.com's business model as an "extortionate practice" that a 2014 state law prohibits and the First Amendment doesn't protect.

"They run a commercial enterprise built to obtain money from people whose notoriety consists solely of having a criminal record," the attorney general's office said in a court filing.

Mug shot websites are on the radars of other states as well.

At least seven states have mug shot-related legislation pending, according to the National Conference of State Legislatures, which tracks legislative efforts. Florida has introduced legislation similar to the Illinois law, though past Sunshine State efforts have failed.

Website critics say the industry can undermine former inmates' job prospects, particularly at a time when a widening swath of the public backs reforms to make it easier for former prisoners to find work as a path to rehabilitation.

But First Amendment rights for even unpopular speakers must be protected, a lawyer for Mugshots.com said.

"These are perilous times for the First Amendment," said David Ferrucci, a lawyer representing Mugshots.com. "We need to defend everybody's First Amendment rights."

Like Madigan, the lawyers who filed the lawsuit against Mugshots.com aren't convinced by the First Amendment argument.

"Freedom of the press does not include the right to use incorrect or wrong information to profit off of the worst moment of another person's life," said Stuart Clarke, an attorney with Chicago law firm Berton N. Ring. "The First Amendment is not a blanket protection for everything you do."

Gabiola, 53, who no longer lives in the Chicago area, said in a recent interview that it has been difficult for him to find a job and housing because Mugshots.com incorrectly still shows him as being on parole.

He said he just lost a job he held for four months, supervising crews that clean rail cars holding chemicals. When he was being considered for the job, he was asked whether he had ever been convicted of a felony, confirmed that he had, and still got the job, he said. His boss, however, recently Googled him and saw his inaccurate listing on Mugshots.com.

"It's like I'm a month away from homelessness constantly, and it's because of these websites," Gabiola said. "At the very least, the information on the website should be accurate because they're only making it harder for people that are really at the bottom of the barrel in society."

Mugshots.com argues in a court filing that Gabiola's reputation is damaged by the fact that he was arrested and convicted of multiple crimes. It also said that because he and other plaintiffs haven't paid any fees, they haven't been damaged by the removal service that is at the heart of the lawsuit.

"Mr. Gabiola, for example, does not complain that he was never on parole, only that he currently is not and his criminal record on the website is not up to date," the company said. "However, a website publisher has no obligation to update."

Mugshots.com said constitutional privileges to republish information from a public record "is not lost simply because the information has become stale, or is incomplete."

"No one would reasonably suggest that republication of O.J. Simpson's arrest photos from the Nicole Brown Simpson murder case would not be protected by the First Amendment simply because the arrest photo is more than 20 years old and Simpson was ultimately acquitted of the charges," it said in a filing.

It took issue with the "extortion" characterization. Extortion generally means seeking payment before not after publishing information, the company said.

It also said Unpublisharrest.com is a website separate from Mugshots.com that offers licensing rights to the public to control specific information in the Mugshots.com database.

Mugshots.com is owned and operated by Julkisuudessa in Nevis, West Indies, according to its website. The Better Business Bureau lists Unpublisharrest.com as an alternate business name for Mugshots.com.

Gabiola said inaccurate information is more likely to compel arrestees to pay to have the information removed, and it implies that people on the website are dangerous regardless of whether they're rehabilitated.

"I committed the crimes, yes, but I did my time," he said.

Illinois residents have the right to prevent the unauthorized use of their personal identities for commercial purposes, even when the information comes from government documents that might be published in other contexts, such as in newspapers, the attorney general's office said.

Unpublisharrest.com says on its website and in court filings that the removal service is no longer available to Illinois residents, which Madigan called a "tacit admission" that its business model is illegal.

But the state law might have unintended consequences.

"The irony of the mug shots act is that it makes it impossible for any individual to remove arrest records from a website," said Ferrucci, the lawyer representing Mugshots.com. "If the goal is to make it easier to hide histories from potential employers, the Illinois mug shots act makes that impossible."

Unpublisharrest.com isn't the only company in the space. New York-based EraseMugshots.com recently announced the opening of a second office, in Chicago. However, the company says it's not affiliated with any mug shot websites.

The website advertises that it searches more than 300 mug shot websites, compiles a list of online publications from which information should be removed, and then gets it taken down within 72 hours.

People with arrest records who try to take care of the problem themselves might not realize that they could be on many mug shot websites, said Bryan Powers, an EraseMugshots.com manager. After they're removed from one, others might move up higher on Google search results, he said.

"It's like a whack-a-mole situation," Powers said.

He said his site might charge anywhere from $100 to thousands of dollars, depending on factors such as the uniqueness of a name, where the customer lives, and the length of his or her arrest record, he said. Powers declined to say how many people work for his company in Chicago.

Separate from the lawsuit against Mugshots.com, Bluhm Legal Clinic at Northwestern University's law school is trying to get the names of almost 20 exonerated people off of mug shot websites, said Samuel Tenenbaum, clinical associate professor of law.

Among them are Terrill Swift and Jacques Rivera, who spent 15 years and 21 years, respectively, in prison for crimes they didn't commit.

Swift, 39, whose effort to get his photo removed from Mugshots.com was reported by the Chicago Tribune in 2012, said it's a "bad reminder" for his photo to still be on the site five years later. The site, accessed Friday afternoon, has photos of Swift, who was wrongly convicted of rape and murder, though it also displays a video of him after he was exonerated and lists links to related stories.

"We've been exonerated," Swift said. "They should do the right thing and take our pictures off those websites."

As of Friday afternoon, Rivera, 51, was still shown as being in custody for murder. He was exonerated and released from prison in 2011.

Ferrucci, the lawyer for Mugshots.com, said the site features stories about exonerations every Sunday and removes exonerees free of charge if they contact the site and provide documentation.

However, Tenenbaum said: "We contacted them. They wouldn't do it."

byerak@chicagotribune.com

Twitter @beckyyerak

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Lawsuit: Mug shot website posts incomplete records so sister site can solicit 'takedown' fees - Chicago Tribune