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Daily Archives: March 4, 2017
California Files Freedom Of Information Request To Learn What ICE Is Up To – Huffington Post
Posted: March 4, 2017 at 1:08 am
California legislators have filed a Freedom of Information Act request to learn what federal immigration authorities are up to in their state.
The request was filed this week by California Assembly Speaker Anthony Rendon and Senate President Pro Tem Kevin De Leon, both Democrats,for information about recent Department of Homeland Security policies and Immigration and Customs Enforcement activities.
Federal authorities appear to be cracking down on immigration with a recent surge in enforcement activities, the lawmakers said in a statement. But federal authorities have provided limited information, despite repeated requests, the statement continued.California is home to 5.4 million non-citizen immigrants, and almost half of all children in the state have at least one parent who is an immigrant.
When the safety of Californians is at stake, we must demand greater transparency, with the backing of federal courts if necessary, the lawmakers said.The lives and physical safety of many thousands of Californianscitizens and immigrants, documented and undocumented depend upon knowing this information.
Immigration authorities arrested hundreds of people in February in raids across the country. Dozens of those seized had no criminal record. An ICE official said the activity was routine.
Rendon and DeLeon seek details on recent federal enforcement in California, including the massing of immigration agents outside a Southern California church shelter in order to ambush, arrest and detain homeless individuals seeking warmth there. They also cite the case of an immigrant woman attempting to obtain an order of protection against her husband in a courthouse, where agents escorted her out and arrested her.
The lawmakers demand information on ICE and Department of Homeland Security enforcement in California near sensitive areas, such as at schools, hospitals and churches; detainees access to lawyers; and treatment of young people in the Dreamers program who were brought to the U.S.as children.
The request also seeks information about people detained and deported in an intensive five-day sweep in Los Angeles County last month that netted some 161 individuals.
An ICE spokeswoman provided a link to the agencys policies concerning sensitive locations, and cautioned that some information about detainees may not be available because of privacy concerns, the Sacramento Bee reported.
Santa Cruz police blasted federal officials last month for lying,using a crackdown on a local gang as an excuse to secretly round up undocumented immigrants.
Immigration enforcers said they felt constrained under former President Barack Obama. But now, after President Donald Trump campaigned on an anti-immigration platform, agents are feeling emboldened, according to unions representing Border Patrol agents and ICE officers.
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California Files Freedom Of Information Request To Learn What ICE Is Up To - Huffington Post
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Between the Lines: Freedom And Its Messy Consequences – Vermillion Plain Talk
Posted: at 1:08 am
Ive been struggling while crafting this weeks column.
I know that no matter how precise I am with my wording, there may be some who will believe after reading this that Im doing a 180 on something I expressed on this page just a little over a month ago.
In a column I typed out shortly after the Womens March was held in downtown Vermillion, I wrote: Freedom of expression is one of the cherished things that distinguishes the United States from the rest of the world. We shouldnt be surprised when happenings in our nation or our community compel people to make their voices heard. Even when we dont agree with the message.
Recent happenings in Pierre, and further north in North Dakota, are requiring a bit of clarity be added to that statement. Ive always been a big believer that the most effective forms of expression are somewhat controlled, non-violent activities, with no looting, no property damage, nothing like that.
I know there are some that will disagree with my assessment. After Michael Brown was shot by a police officer in Ferguson, Missouri, that community erupted with outrage, compassion and street protests. The response from many corners of the news media included condemnations of bad elements" among the protesters who resorted to property destruction as their demonstration of resistance.
Count me among those who will never understand how wanton property destruction, or looting, or rioting can be justified to make a point. And yes, I realize the Boston Tea Party could be labeled as an early example of protest combined with property loss, but somehow the act of throwing a few crates of tea into a harbor seems pretty mild when compared to watching, for example, rioters slash and burn a business youve spent years building, or having a mob pull you from your truck and smash your head with concrete, as we all remember watching during the Rodney King riots.
Those riots stemmed from the acquittal of four white Los Angeles Police Department officers in the beating of King in 1991. They lasted over five days in the spring of 1992, and left more than 50 people dead and more than 2,000 injured.
I know it sounds like Im saying that "good" protesters march, carry signs and make their voices heard, but anyone who smashes, burns or vandalizes contaminates the otherwise defensible show of democratic expression. I also know that someone may just as easily point out that property destruction as a tactic of resistance has a long history and is frequently effective.
Theres another type of protest-related property damage that we need to talk about: the unintentional damage that can have far-reaching, detrimental effects.
This is what I fear has just occurred at Standing Rock in North Dakota. The nearly year-long Standing Rock protest, which gained steam in the final months of 2016, as thousands of protesters traveled to the site from across the country, achieved its ends for a brief time when the Army Corps of Engineers denied Energy Transfer Products (ETP) a permit to build a portion of the Dakota Access Pipeline.
The Standing Rock Sioux allegedly feared the pipeline had the potential to contaminate the Missouri River, the source of the tribe's drinking water. Now they fear a new problem. The garbage left behind by the activists.
Standing Rock protestors, who gathered by the thousands to voice their concerns about an oil pipeline they claimed would contaminate the Missouri River, have left a garbage wasteland behind, which, if not cleaned up in time, will contaminate the Cannonball River and Lake Oahe.
Thousands of protesters moved in and out of the Dakota Access site over the past few months. According to numerous news reports, theyve left behind an estimated 200-plus large truckloads of garbage, an enormous amount of human waste, and dozens of abandoned cars, buses, trucks and other vehicles that had either broken down or run out of gas.
According to recent piece in the Washington Times, the Standing Rock Sioux, private sanitation companies and other volunteers involved in the cleanup estimate that it could take weeks to clear all the abandoned tents, camping gear, supplies and trash now littering the camp.
The looming winter thaw threatens to make the area even more of ecological mess. Without proper remediation, debris, trash, and untreated waste will wash into the Cannonball River and Lake Oahe, the U.S. Army Corps of Engineers said in a statement.
Standing Rock protestors may have been successful in drawing public attention to their cause, but they were not able to stop the pipeline. Earlier this month, Energy Transfer Partners announced that Dakota Access, LLC (Dakota Access) has received an easement from the U.S. Army Corps of Engineers to construct the pipeline across land owned by the Army Corps on both sides of Lake Oahe in North Dakota.
The release of this easement by the Army Corps follows a directive from President Donald Trump to the Department of the Army and the Army Corps to take all necessary and appropriate steps that would permit construction and operation of the Dakota Access pipeline, including easements to cross federal lands.
With this action, Dakota Access now has received all federal authorizations necessary to proceed expeditiously to complete construction of the pipeline. A federal judge was scheduled to hear arguments this week about whether to stop the final bit of construction on the pipeline.
The Standing Rock protest also gained the attention of lawmakers in Pierre. Gov. Dennis Daugaard won approval from state senators last week for sweeping additional powers to respond to public protests such as North Dakota has faced over an oil pipeline. The concern is that TransCanada will face protests in South Dakota when the company builds the Keystone XL oil pipeline through the states western half from Montana to Nebraska.
The legislation, SB 176, now goes to the House of Representatives. If it becomes law, it would allow South Dakotas governor to declare public safety zones where entry and exit would be controlled and trespassers would face one year in jail for the first offense and one year in prison for the second and subsequent offenses.
The proposal also would make standing outside a stopped vehicle on a highway an act of crime if it happened in an off-limits area.
Whether or not you agreed with the message that activists at Standing Rock were trying to send, their actions have had substantial consequences. They have caused millions of dollars in property damage, they have threatened the environment of the Missouri River waterway which flows our way, and they are potentially changing the rules to be followed in should similar types of protests ever be planned in South Dakota.
Maybe part of the problem is assuming protest can always be a neat, tidy thing. It clearly cannot, and it clearly, at times, can be messy.
All I can do is once again repeat a snippet from my earlier column: Want to accomplish something? Reach out to those you disagree with. Talk with them. The worst thing we can do is simply dismiss people who think differently as being racist, sexist, privileged, out of touch, ignorant, and so on. Change comes from building relationships, not with people you agree with, but with those whose views are different.
Our best hope is that Standing Rock, despite its unintended consequences, will spark this kind of conversation. Hopefully, the discussions will continue. Hopefully, they will be fruitful, and they wont be destructive.
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Between the Lines: Freedom And Its Messy Consequences - Vermillion Plain Talk
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Former President George W. Bush speaks out about freedom of press – KEYT
Posted: at 1:08 am
George W. Bush speaks out about...
Former President George W. Bush has stayed rather quite since leaving the oval office, but Wednesday night he spoke to a sold out crowd and answered several questions about the current political climate.
Mister Bush was at the Ronald Reagan Presidential Library in Simi Valley to promote his new book, Portraits of Courage: A Commander in Chiefs Tribute To Americas Warriors. During the sit down discussion he answered several questions about his book as well as chimed in on some current political hot topics.
One of the first political topics that came up was his stance on freedom of press.
I absolute believe in a free press as should every other American believe in free press because the press holds people to account. Power is very addictive and its corrosive therefore there needs to be an independent group of people that hold you to account, said Mister Bush.
Bush said that when he made those same remarks to another media outlet this week, his statement was taken out of context.
So I answered that question and of course the headlines were Bush criticizes Trump. So of course, I needed to say there should be a free and independent press but it got to be accurate, said Mister Bush.
The Nations 43rd President also went on to say he has no intention to criticize his successors.
Its a hard job, and I think if a former president is out there second guessing it is going to make it harder and I want anybody who is president to succeed we are all in this together, said Bush. People say why. First of all the office of the president is more important than the occupant, and I believe it undermines the office of the presidency. Secondly I understand there is a lot of critiques and I dont want to make the presidents job worse.
The primarily republican audience applauded what mister bush had to say.
It was wonderful to hear the humor in the president and the mission of his heart and why he put it to paper and how he feels about the veterans. I am a big supporter of military as well, said Marissa Couhlan of Malibu.
I think it really was a conversation with the president. Just the tone he was using the verbiage that he chose and it really made everything relatable and I just like the way he connected back with the youth and how there is hope for the country, said Joanne Prociuk of Santa Clarita.
What you got to understand is that our nation goes through divisive and tough times, but there is something unique about us, there is a spirit you cant extinguish and that is why I am so optimistic about the spirit of the country, said Bush.
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Former President George W. Bush speaks out about freedom of press - KEYT
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Dirty words? Conservatives, liberals and accurate descriptions when reporting on religious freedom – GetReligion (blog)
Posted: at 1:08 am
My follow-up post gushed all over Gjelten's piece on the religious freedom debate:
So why do a third post? Because of the excellent discussion generated by a reader's question about Gjelten's story.
The question came from Anton Karidian:
I replied:
And GetReligion editor Terry Mattingly chimed in:
Finally, Gjelten took the time to respond:
Obviously, the conservative vs. liberal terminology did not stand out to me when I read the story originally. Perhaps I am just accustomed to seeing the sides characterized that way. As a reminder, this was the opening on Gjelten's piece:
As I read it,Karidian's criticism is that a label ("conservatives") is applied to one side of the debate but not the other. Gjelten, meanwhile, defends his description of religious conservatives but fails to explain, unless I'm missing it,why he doesn't label LGBT advocates as "liberals."
What might be a possible solution, if one sees a problem? One might be to change "conservatives" to "people of faith" in that second paragraph. Elsewhere in the story, perhaps a more specific identifier such as "evangelicals" might be applied to those pushing religious freedom legislation. Of course, the term "evangelicals" brings its own set of complexities as far as defining exactly who falls under that umbrella.
What do you think, dear reader? Was the original language fair and accurate? Do you see a need for any tweaking in how such labels are applied? Might one's response be tied, to some degree, on whether that person sees "conservatives" or "liberals" or both as dirty words?
By all means, please join the conversation by commenting below or tweeting us at @GetReligion.
Image via Pixabay.com
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Video technology for game-changing incidents to be trialled in England – The Guardian
Posted: at 1:08 am
The referee Mike Dean tests goalline technology before a Premier League match. From next season there will also be video technology for game-changing incidents. Photograph: Nick Potts/PA
The use of video technology for game-changing incidents will be trialled in English football next season, almost certainly including the FA Cup from the third round, it has been confirmed, while next weekends FA Cup quarter-finals could feature a fourth substitution if they go to extra time.
A raft of new exploratory measures, including sin-bins, removing automatic yellow cards for players who give away penalty kicks and even a change in the order of penalty-taking in shootouts wereannounced at the annual general meeting of the International Football Association Board (Ifab), the games law-making body.
The Fifa president, Gianni Infantino, was also present at Wembley and confirmed that he hopes video assistant referees (Vars) will also be in place at next years World Cup in Russia.
The meeting was chaired by the FA, whose chief executive, Martin Glenn, said of the possible fourth substitution in this seasons FA Cup: With the Cup now adopting a straight knockout format, the introduction of a fourth substitute in extra time will bring extra intrigue and interest. From a technical point of view it will be interesting to see how managers use the chance to make an additional substitution in such high-profile games and the impact it has on the final result.
Glenn added of the initiatives generally: We see this as a sea change in our approach to the laws of the game. We are moving from a position of conservatism, of being nervous about any change of a desire to keep simplicity, to saying that technology is changing at a pace and that there is a need for experimentation in the game. Var was a major move. From being nervous we are now saying were going to do it. Across the world we are doing real testing, getting referees to work with video screens, to real-life match testing in the MLS. Weve made terrific progress and the game will improve on back of it. Subject to our being fully prepared and ready you can expect to see Vars from the third round of the FA Cup in the coming season.
Details of the Var plans remain unclear, with Glenn confirming that trials are still experimenting with a variety of models, including video referees working in a remote match centre. But there was general confidence that the schemes are working, with time taken to make decisions consistently reducing. The Vars will adjudicate on four criteria adjudged to have game-changing influence: red cards, goals, penalty kicks and cases of mistaken identity.
While not eliminating errors altogether, Infantino said, Vars would prove a real aid to referees. Vars are positive because they will allow that the right decision is taken in a game-changing circumstance, he said. It prevents the referee from making a clear mistake in an occasion where he wouldnt have seen it. It happens. Its happened in the last 150 years. With the help of Var, such a decision can be corrected. But it will not look at every single decision.
Meanwhile players will no longer in any circumstances receive a yellow card if they give away a penalty while making a genuine attempt to play the ball. Electronic devices will also be allowed in technical areas, for use when reviewing an incident that may have caused a player serious injury. Furthermore there will be trials that look to change the order in which penalties are taken in a shootout, with the conventional Team A, Team B order ABAB being replaced by ABBA.
The FA also announced it is to launch a six-figure inquiry into the potential link between heading a football and dementia in professional footballers.
Other decisions which Ifab has authorised will largely be implemented at the discretion of national FAs and at the grassroots level of the game. In leagues outside national top flights (eg from the Championship down) it will be possible to modify the number of substitutes allowed per game. Rolling, or return substitutions, can also be trialled at youth, grassroots and disability levels. The same will apply to sin-bin measures, removing a player from the field for a period of time in the event of them receiving a yellow card.
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Video technology for game-changing incidents to be trialled in England - The Guardian
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Trump White House Shopping For Technology to Plug Leaks – Foreign Policy (blog)
Posted: at 1:08 am
The White House is searching for technology to shut off the leaks that have roiled the Trump administration in its first weeks and already causedthe resignation of one top aide and a political firestorm for another.
White House IT officials met with at least one private firm selling a network security system that would give administration officials control over how staffers use computers and cellphones to transmit sensitive information, according to people familiar with the matter.
The move is part of broader push by the administration to rein in leakers across the federal bureaucracy and in the White House after a string of embarrassing disclosures to the media since Trump took office, the people said.
The leaks have ranged from details of President Donald Trump wearing a bathrobe to watch late-night television, to disclosures of National Security Advisor designee Michael Flynns communications with Russias ambassador to the United States. Trump has denounced the leakers and vowed to hunt them down.
Now, the White House is searching for a high-tech solution akin to the defense systems used by companies to stop wayward employees from stealing proprietary data. The quest underscores the administrations desire to better control the news cycle and perhaps to quash dissent.
The White House declined to comment.
The technology itself can be used for good or ill, said a former senior administration official. The real question is how they plan to implement that kind of technology: What data does it include, who has access to the collected data, how is it going to be acted upon.
The answers to those kinds of questions will determine whether or not the activities are designed to catch a potential Snowden, or whether they are designed to suppress any dissenting thoughts, the official said, referring to Edward Snowden, the NSA contractor who leaked a massive trove of classified material.
Since the Snowden disclosures, the government has invested billions in mitigating so-called insider threats. A 2011 executive order established a National Insider Threat Task Force and required agencies that handle classified information to set up programs to prevent leaks.
Last month, Trump exhorted the FBI to find the leakers that could have a devastating effect on the United States. This week, lawmakers on the House and Senate intelligence committees said their investigations into Russias meddling in the 2016 election will include leaks of classified information to the press.
Such statements have sent a chill through the national security bureaucracy. People are really nervous about talking and being perceived as part of the deep state trying to undermine Trump, said a former CIA officer with experience in Russia. The microscope is on us right now.
The disclosure in the Washington Post that Flynn lied to Vice President Mike Pence about discussing sanctions against Moscow with the Russian ambassador was the most explosive leak of the Trump administrations early days. It led to the retired lieutenant generals resignation, throwing the national security decision-making apparatus into disarray. The story described a phone call intercepted by American spies; the disclosure of such highly classified information is barred by law.
Desperate to crack down on unauthorized leaks to the media, White House Press Secretary Sean Spicer has called staffers into his office for phone checks to examine whether they are communicating with reporters, according to a Politico report. During that meeting, Spicer warned aides not to use secure messaging applications such as Signal. According to CNN, Trump personally approved the plan to probe aides phones. According to a Reuters report, the White House has restricted access to a computer system used to prepare memos for the president as part of an effort to plug leaks.
But surveillance and monitoring tools under consideration may only go so far to contain leaks, experts said. By using encrypted messaging tools on personal computers or phones from home networks, White House staffers may be able to evade most anti-leak technology.
Network security tools sometimes struggle to detect the small, discrete breaches that can serve as the basis of a news story. In the Trump era, damaging leaks go from Donald Trumps mouth to a staffer who might tell another staffer about it, who might in turn tell a reporter. That trail of information might never cross a computer network and involves a small number of people.
Its not like you are building a conspiracy, Aitel said of leaking.
The disclosure of unauthorized information can be divided into two rough categories: sensitive (and perhaps embarrassing) but unclassified; and classified. By disclosing Trumps late-night habits to the media, Trump staffers may be risking their jobs but are unlikely breaking laws. By describing the classified contents of the intercepted phone conversations, they may open themselves to prosecution.
As Carrie Cordero, a former national security official at the Department of Justice, puts it, Theres leaks and then theres leaks.
The disclosure that American intelligence agencies intercepted a phone call between Flynn and Ambassador Sergey Kislyak during which the two men discussed sanctions imposed on Russia related to its meddling in the U.S. election now lies in the crosshairs of investigators.
Speaking to reporters this week, House Intelligence Chairman Rep. Devin Nunes said his panels probe into the Kremlin campaign will examine who had access to the transcript of Flynn and Kislyaks conversation.
Nunes said he had seen no evidence of extensive communications between the Trump campaign and Russia, omitting to mention that his panel has not yet received any evidence as part of its investigation into Russian meddling.
The only serious crimes we have are leaks that have come out of our government to the press and others, Nunes said.
Photo by Mark Wilson/Getty Images
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TSA considers using scanners with CT technology for checkpoints – CBS News
Posted: at 1:08 am
The TSA found a record number of firearms at airport screening checkpoints in a single day last Thursday, discovering 21 firearms in carry-on bags nationwide. That broke the previous record of 18 set in 2014. The news comes as the TSA expects to screen the highest number of travelers in a decade during the spring break travel period.
Around 62 million people are expected to go through airport security this month alone. To help speed things up, the TSA is considering new scanners for carry-on bags that produce 3-D images, similar to CT scans.
The machines the TSA is using at Ronald Reagan Washington National Airport to scan carry-ons at checkpoints are nearly a decade old, and the practice of X-raying a bag goes back far longer. The future may be taking technology that revolutionized medicine and using it to give screeners a better view of whats in your bag, which could mean less time in line when you fly, reports CBS News correspondent Kris Van Cleave.
Can you spot the knife hidden in this bag? This is the view a screener would have on machines like the ones in use today.
View from a TSA scanner used today
But suddenly that knife is impossible to miss with new 3-D CT technology, providing side-by-side images on a touch screen that can zoom and spin a bag for a true 360-degree view.
Analogic is one of about five companies developing CT scanners for airport checkpoints.
CBS News
Mark Laustra is a vice president at Analogic, one of about five companies developing CT scanners for airport checkpoints. A CT machine to people means radiation, and I dont want to get radiated on my way to my flight, Van Cleave said.
So these produce the same amount of radiation as the system thats at the checkpoint now, theres no difference. And we use all kinds of radiation shielding inside the machine to make sure theres no leakage, Laustra said. The machines can detect explosives in laptops, liquids and gels, which means the days of having to take things out of your carry-on bag could be numbered. As the bag goes through the system, its taking millions of data sets and using powerful algorithms that gives us the information we need to determine whether or not its explosive material or its innocent, Laustra said.
The clearer picture of whats inside should reduce the need for secondary bag checks, and when paired with new automated lanes already being tested at airports, Analogic believes the CT scanners should increase productivity at checkpoints by as much as 50 percent. This is going to be a much faster process for passengers. Its going to make travel fun again, Laustra said.
Passenger patience wore thin last year as security wait times stretched for hours. Safety has also been a concern.
A 2015 internal review revealed TSA officers failed to detect 95 percent of fake explosives and weapons smuggled through checkpoints by undercover investigators.
Steve Karoly, acting chief technology officer at TSA, thinks the CT technology will be tremendously better, but while it has promise, more testing is needed before it can be rolled out.
It may look good, just well say specific portions of it, but these technologies have to meet not just the technical requirements, but safety requirements, operational requirements, ergonomics, those kinds of things. And so we have to go assess that to go forward in the future, Karoly said.
The TSA already uses much larger CT scanners to see into checked bags, but the new ones have to be smaller and quieter in order to work at a checkpoint like this. The TSA and American Airlines expect to test the new scanners in major airports over the summer.
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TSA considers using scanners with CT technology for checkpoints - CBS News
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Has technology devalued the human experience? – Technique
Posted: at 1:08 am
Lets be honest our generation is highly dependent on technology.
Advancements, particularly in handheld devices, such as smartphones, iPads and smart-watches, have made our lives more efficient by making everything we need accessible at the tap of a screen or a swipe to the left. Our lifestyles have dramatically changed over the past decade because now, instead of face-to-face conversation, we have messaging apps with emojis to express ourselves. Instead of flipping through page after page of text, we read and scroll through material on a screen. Instead of using mental math to calculate tip, we open the calculator app on our phones.
Essentially, technology has taken the hard work of talking to someone in person, of physically reading a book and of using our minds to do some mental math and replaced it with a device. The small satisfaction of doing these simple tasks without the use of technology has been cast aside with instant gratification from attaining what we want when we want it.
Has technology become so advanced that we, as a generation of Millennials, cannot physically or mentally live without it? Think about it: if all the technology today were to run out of battery or disintegrate for some odd reason, would we still be able to successfully accomplish the same tasks at the same speed as with technology?
I, for one, would struggle. I depend on my laptop to complete assignments because most, if not all of my professors post homework and reading online. I depend on my phone to communicate with my friends and family. Especially at Tech, when everyone is busy with his or her own schedules, communication is best by email or text. Living without the use of my phone or laptop would make studying at Tech and communicating with anyone extremely difficult.
However, I have noticed that technology, ironically, disconnects us from living in the present moment. Even though we try our hardest to communicate what we mean over text, there is still a possibility for miscommunication or misinterpretation of what was written. If, instead, a conversation was held in person, facial expressions, changes in tone, and hand gestures are some ways that miscommunication can be avoided.
With constant focus on a screen in reading and using phone applications, we limit ourselves to a brightly lit screen and forget to appreciate the physicality of turning each page or handwriting calculations on a sheet of paper. These daily little things are what truly matter.
It is great that technology catalyzes our lifestyle by making simple tasks fast and easy to complete. However, at the same time, we should be aware that it also can isolate us, from one another. So take time to disconnect and appreciate the present. Technology will always be here, but will each precious moment of your life always be here?
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What Technology Was Used To Make La La Land So Visually Rich and Colorful? – Forbes
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Forbes | What Technology Was Used To Make La La Land So Visually Rich and Colorful? Forbes Why does the color palette of La La Land look so rich and what technology was used to shoot the film? originally appeared on Quora: the place to gain and share knowledge, empowering people to learn from others and better understand the world. Answer by ... |
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What Technology Was Used To Make La La Land So Visually Rich and Colorful? - Forbes
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Micron Technology Pre-Release, After Action Report – Seeking Alpha
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It's nice to have the right estimate. It's nicer to have it for the right reasons. Most military campaigns these days undergo an "after action analysis." On Thursday March 2, Micron Technology's (NASDAQ:MU) CFO went into battle at a Morgan Stanley conference. We need an after action analysis after yesterday's pre-release, as this article's title implies. What are the lessons learned? Where were we right? Where were we wrong? What new information can we employ next time around? Not only did the sell side analysts do an abysmally poor job with their consensus estimates of 66 cents, vs. the 86 cents now guided. But they haven't told us where their analysis went off the rails or given us confidence they're going to do a better job next time around.
For my part, I'm delighted to average my 77-cent base case estimate and my 95-cent high side estimate and announce that I was spot on. But it would be better to have the right estimate for the right reasons. Here's a little synopsis:
As with most of the analysts cited below, my revenue forecast was off significantly. In my case it is almost certainly bits for both NAND and DRAM, but it is also almost certainly price. This will be a key detail to look at after the formal earnings call on March 23. If the ASP increase was significantly below the 15%/1% I used for DRAM/NAND, I will be looking to see if this will then bleed over to the next quarter, with a lagged positive ASP effect from this February quarter. What has the company done to so significantly increase their gross margins? Rather than some of the inane and unanswerable questions analysts ask on the earnings call, this is the sort of thing the analysts should be drilling in on. If Micron has been able to carve out a sustainable margin improvement, god forbid, this might entitle the company to a healthier price earnings ratio than our maximum 10x.
What about inventory? Readers of my estimate articles know that I'm interested in the effect inventory is having on reported EPS. Much of the $2.75 billion in inventory that was on the books as of the end of the first quarter was put there at a much lower price. When it is sold, that difference in price will flow to the earnings per share. Plus, Ernie warned us he is planning to do inventory liquidations in this analyst day slide:
And here's what the analysts that bother to show inventory showed in their post pre-release notes:
Billions:
Cowen and Credit Suisse: You get an A+ for listening during analyst day. Goldman, Needham and Citi: please write us a report telling us why you don't believe Ernie when he tells us he's going to do inventory liquidations - you may have very good reasons and we'd like to hear them. And Citi, as the high entry you should get prepared for detention. Goldman and Citi: please follow course instructions and deliver your models on a quarterly and not just an annual basis. Thank you.
And what about revised estimates? I grade Investor Relations very hard. If I were Ivan Donaldson, VP IR for Micron, I would be giving myself failing grades looking at the estimate dispersions below, coming on the heels of a pre-release guide and a recent analyst day:
Earnings per share estimates:
Wells Fargo and Citi: Do you really think Ernie is not going to deliver at least the 86 cents from the pre-release guide? Are you aware that the last two quarters, the actual was even better than the pre-release?
And how about revised revenue estimates? Here again, there's a big dispersion:
Charts! What about some charts? Readers know I like charts and even that I try to keep them updated roughly weekly on Instablog. And indeed there are some doozies in this bunch of analyst upgrades.
Imitation is the sincerest form of flattery, so here's one from Credit Suisse I found flattering:
Memo to John Pitzer & Co at Credit Suisse. Try normalizing the data as my two charts below do. I think it helps. Also, as my Instablog update link above says, its no longer just about DDR3 as more and more bits are moving to DDR4. Ernie made this very clear in his remarks during the pre-release. In fact, most of the flat to down move since February 10 has been in DDR3. Here are my two charts attacking basically the same data:
And finally, here are two I found a bit bizarre on the same topic. First from Goldman Sachs:
And second, in the same vein, from Cowen:
I guess conceptually I'm scratching my head. I'm delighted with the implication that with a new-found robust gross margin the stock is about to fly. But it doesn't make much predictive sense. For a company that is just qualifying and rolling out a 1x node in DRAM, a 64 layer NAND, and the brand new 3DXpoint, initial margins on all of those should be expected to be poor. And yet the stock could be flying on expectations. Also in the news, management could elect to do a bonehead deal with Toshiba on a solo basis, instead of joining with Silverlake/Dell/EMC, Apple (NASDAQ:AAPL) and Microsoft (NASDAQ:MSFT) as I would prefer. And in that case, even with soaring gross margins, the stock could plummet. I would submit that gross margin is a flawed predictor of stock price despite the tight tango the two lines on the charts above are dancing.
Conclusions: To the sell side analysts: excuse my snarky tone. I know full well how difficult it is to parse through the Micron information. It would be helpful if you could provide a bit of introspection on where your consensus estimates of 66 cents went afoul.
To the SA readers: Thanks for the many positive comments on my aggressive earnings predictions. I consider myself lucky and foolish for having listed both a number and a date for pre-release. And, as stated upfront, it's nice to be correct on the number, but it would be nicer still to have all the underpinnings correct - they weren't. The process of forecasting the next quarter can't begin until we have the detail customarily unveiled during an earnings call.
To Ernie: Everything is not a secret. You can tell us poor shareholders things your customers, vendors and competitors know within a gnat's eyelash of accuracy. Please tell us on earnings day how long your average contract is, what percentage of your production is presently under contract, and the percentage of production going into the spot market vis a vis a long term average of selling on spot. Please tell us how you are doing on your inventory liquidations you said were being undertaken. And if they haven't begun, why? Oh, and I'm sure you will have some pre-payments for product as in years past. Are these all non interest bearing? Are they non concealable? How many customers have done this? What's the average duration? You said on 3/2/2017 that DDR3 was increasingly unimportant. What's the percentage of DDR3 compared to DDR4? I don't think revealing any of this would put you at a competitive disadvantage. Treat your analysts and shareholders better and they will reward you with a higher peak PE than the measly 10X we've seen recently.
I'm feeling we will publish $1+ in EPS and $5 billion-plus in sales for the May quarter. But we can't begin that star gazing until we have more spot and price action, and the data from the earnings call on March 23. Good luck to all!
Disclosure: I am/we are long MU.
I wrote this article myself, and it expresses my own opinions. I am not receiving compensation for it (other than from Seeking Alpha). I have no business relationship with any company whose stock is mentioned in this article.
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Micron Technology Pre-Release, After Action Report - Seeking Alpha
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