Monthly Archives: June 2017

SCOTUS reviews 4th Amendment vs. surveillance case – OneNewsNow

Posted: June 17, 2017 at 1:51 pm

A legal organization that advocates for constitutional freedom is watching a 4th Amendment case currently being reviewed by the U.S. Supreme Court.

The case is Carpenter v. The United States, which reached the court from the 6th U.S. Court of Appeals.

The case involves a gang of armed robbers who were tracked by authorities after one of the robbers confessed to the crime and gave up his cell phone number and the numbers of his accomplices.Using cell phone data, authorities analyzed the usage history to trace their movements for 127 days, a Washington Post story explained.

Curt Levey of the Committee for Justice says long before cell phones came into being, court rulings would suggest the police can monitor phone movements. That doesn't apply now, he insists.

I think that would be a very bad interpretation when applied to today's technology, says Levey, because the government might as well put a GPS device on your car and the Supreme Court has said the government can't do that without a warrant.

In the Washington Post story, criminal law professor Orin Kerr summarized the two questions presented to the high court:

I gather, then, that the case will consider two distinct questions. First, is the collection of the records a Fourth Amendment search? And second, if it is a search, is it a search that requires a warrant?

The government argues cell phone owners opt in to third-party police access when they sign a contract with the company. Most of the data came from provider MetroPCS while some "roaming" data came from Sprint.

But Levey doesn't agree.

You're really not consenting to anything when you use it, he says, and to say that by using a cell phone you have to give up all your Fourth Amendment rights, it would result in a government too powerful and too intrusive for my taste, and I think the taste of most Americans.

In taking up the case, he adds, the Supreme Court can update old rulings based on modern technology and determine whether police can have access to the information without a warrant or not.

Kerr described the SCOTUS review as a "momentous development" because the future of surveillance law hinges on the coming ruling.

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Second Amendment: An American tragedy | Local | azdailysun.com – Arizona Daily Sun

Posted: at 1:51 pm

A year ago, Democratic members of the U.S. House of Representatives staged a sit-in demanding a vote on federal gun-safety bills following the shootings at the Pulse nightclub in Orlando. The National Rifle Associations lobbying was largely blamed for no vote happening. But looking deeper, the Second Amendment, with the unique American individualism wrapped around it, underlies all. It is Americas fundamental gun problem.

As Michael Waldman at the Brennan Center for Justice suggests in Politico Magazine, the NRAs construing of the Second Amendment as an unconditional right to own and carry guns (a right beyond actual constitutional law in Supreme Court rulings) is why it thrives and has clout.

Without clout derived from Second Amendment hyperbole, we might not have, for instance, stand your ground laws in more than 20 states starting with Florida in 2005, laws that professors Cheng Cheng and Mark Hoekstra report in the Journal of Human Resources do not deter crime and are associated with more killing.

Pockets of America were waiting for the NRAs Second Amendment fertilizer.

For many gun advocates, the gun is an important aspect of ones identity and self-worth, a symbol of power and prowess in their cultural groups. Dan Kahan at Yale University with co-investigators studied gun-safety perceptions and wrote in the Journal of Empirical Legal Studies how those most likely to see guns as safest of all were the persons who need guns the most in order to occupy social roles and display individual virtues within their cultural communities.

Or, as the essayist Alec Wilkinson writes more starkly on The New Yorkers website, although the (gun) issue is treated as a right and a matter of democracy underlying all is that a gun is the most powerful device there is to accessorize the ego.

A gun owner carrying his semiautomatic long rifle into a family department store, like Target, in a state permitting such if asked why will likely say because it is his right. He is unlikely to reveal the self-gratification gained from demonstrating the prowess and power of his identity, gained from using the gun to accessorize the ego. The Second Amendment here is convenient clothing to cover deeper unspoken needs, needs that go beyond the understandable pleasures and functions of typical hunting, for instance.

Australia is often mentioned as an example of nationwide gun-safety legislation reducing gun violence. Following the 1996 massacre of 35 people in Port Arthur, Australia, the government swiftly passed substantial gun-safety legislation. And as Professors Simon Chapman, Philip Alpers and Michael Jones wrote in JAMAs June 2016 issue, (F)rom 1979-1996 (before gun law reforms), 13 fatal mass shootings occurred in Australia, whereas from 1997 through May 2016 (after gun-law reforms), no fatal mass shootings occurred.

But Australia also has nothing akin to the Second Amendment.

Anthropologist Abigail Kohn studied gun owners in the U.S. and Australia who were engaged in sport shooting. She describes in the Journal of Firearms and Public Policy (2004) how it is immediately apparent when speaking to American shooters that they find it impossible to separate their gun ownership, even their interest in sport shooting, from a particular moral discourse around self, home, family, and national identity.

And thus, American shooters are hostile to gun control because just as guns represent freedom, independence the best of American core values gun control represents trampling on those core values.

In contrast, the Australians view guns as inseparable from shooting sports. And perhaps most importantly, Australian shooters believe that attending to gun laws, respecting the concept of gun laws, is a crucial part of being a good shooter; this is the essence of civic duty that Australian shooters conflate with being a good Australian. While the Australian shooters thought some gun-safety policies were useless and stupid, they thought that overall gun-safety measures were a legitimate means by which the government can control the potential violence that guns can do.

Unlike Australia (itself an individualist-oriented country), America has the Second Amendment. And that amendment has fostered a unique individualism around the gun, an individualism perpetrating more harm than safety.

Maybe someday the Second Amendment will no longer reign as a prop serving other purposes and, thus, substantive federal gun-safety legislation happens. But as Professor Charles Collier wrote in Dissent Magazine: Unlimited gun violence is, for the foreseeable future, our (Americas) fate and our doom (and, in a sense, our punishment for (Second Amendment) rights-based hubris).

The Second Amendment, today, is a song of many distorted verses. A song of a uniquely American tragedy.

Fred Decker is a sociologist in Bowie, Md., with a background in health and social policy research. He wrote this for the Orlando Sentinel.

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Texas: Governor Abbott Signs Remaining Pro-Second Amendment Bills from 2017 Regular Session – NRA ILA

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Your NRA-ILApreviously reported that Governor Greg Abbott signed two important pro-Second Amendment measurespassed by the Texas Legislature during the recent 140-day session into law:Senate Bill 16, priority legislation of Lt. Governor Dan Patrickthat slashes the cost of an original License To Carry from $140 to $40 and reduces the price of a renewal LTC from $70 to $40 to bring fees down to among the lowest in the nation; andHouse Bill 1819which revises Texas statutes to track federal law regarding ownership and possession of firearm sound suppressors. [The Texas Penal Code currently requires these devices to be registered with the Bureau of Alcohol, Tobacco, Firearms & Explosives. If the Hearing Protection Act that eliminates this federal requirement were to pass Congress before the Texas Legislature meets again in 2019, suppressor owners would have no way of complying with state law and could be guilty of a felony offense without this important change.] An amendment was added to HB 1819 in the Senate to clarify that non-NFA, short-barreled firearms with a pistol grip -- such as the Mossberg 590 Shockwave -- are not unlawful to sell or own in Texas. The Lone Star State is one of just two states where this particular gun cannot currently besold lawfully. Bothlaws take effect on September 1, 2017.

Governor Abbott has nowalso signed the following bills into law, which also have an effective date of September 1:

Senate Bill 263repeals the minimum caliber requirement (.32) for demonstrating handgun proficiency during the range instruction portion of the License To Carry course. This unnecessary provision negatively impacts LTC applicants with hand injuries or arthritis who would benefit from being able to use a smaller caliber handgun.

Senate Bill 1566contains provisions fromHB 1692 andSB 1942 to allow employees of school districts, open-enrollment charter schools and private elementary or secondary schools who possess valid LTCs to transport and store firearms out of sight in their locked cars and trucks. These employees had been left out of the 2011 law banning employer policies restricting the lawful possession of firearms in private motor vehicles.

Senate Bill 2065includes language fromHB 421 andHB 981 to allow volunteers providing security at places of worship to be exempt from the requirements of the Private Security Act. This could include License To Carry holders approved by congregation leaders, since the prohibition on possession of firearms by LTCs at places of worship is only enforceable if the location is posted or verbal notice is given.

House Bill 1935repeals the prohibition on the possession or carrying of knives such as daggers, dirks, stilettos and Bowies, by eliminating them from the prohibited weapons section of the Texas Penal Code. Restrictions remain in place for possession or carrying of knives with a blade over 5 inches long in public places and penalties are enhanced for carrying those in the same locations where the possession of firearms is prohibited, generally.

House Bill 3784allowspersons approved by the Texas Department of Public Safety to offer an online course to cover the classroom portion of the required training for a License To Carry. The measure alsoexempts active military personnel and veterans who have received firearm instruction as part of their service within the last 10 years to be exempt from the range instruction portion of the LTC course.

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ECAT union sues Escambia County over First Amendment rights – Pensacola News Journal

Posted: at 1:51 pm

Jim Little , jwlittle@pnj.com 6:32 p.m. CT June 16, 2017

Escambia County Area Transit held a "Try Transit Day" event in an effort to boost ridership Thursday June 15, 2017. County Commissioner Doug Underhill has questioned whether it is fiscally responsible to continue funding ECAT because of its low utilization rate. (Photo: Tony Giberson/tgiberson@pnj.com)Buy Photo

The union representingEscambia County Area Transit workers hasfiled a lawsuit in federal court against the Escambia County Board of County Commissioners.

The Amalgamated Transit Union Local 1395 filed a lawsuit Friday in U.S. District Court for Northern Florida alleging Commission Chairman Doug Underhill violated its members' free speech rights.

The union's complaint names all five members of the commission as defendants. The lawsuit claims that on June 6, Underhill instructed a manager with First Transit, the private company that runs ECAT, to "discipline or discharge" any workers distributing flyers supporting the transportation system and urging riders to fight against Underhill's proposal to eliminate ECAT.

Commissioners instructed county staff on May 30 to begin the process of negotiating with the union so the county could end its contract with First Transit and operate ECAT directly.

Underhill has urged his fellow commissioners and the public to take a closer look at county expenses to eliminate wasteful spending, and has pointed to ECAT as one of the examples of waste.

During the May 30 meeting, Underhill said he wants to call a referendum on whetherto continue funding a 4-cent gas tax that provides some of ECAT's funding.

Off-duty members of the union responded on June 5 with by distributing flyers at the ECAT transfer station that read in large, bold letters "FDU" and "Fight Doug Underhill." On-duty drivers also distributedbuttons that read "I need the BUS" to riders, but stopped after being told it was against county policy.

The lawsuit claims Mike Crittenden, ECAT general manager, wrote a memo to ECAT workers that said passing out flyers on ECAT property whether on-duty or off-duty was a violation of company policy.

Underhill told the News Journal on Friday he had not seen the lawsuit. But he said nothing in his conversation with the management of First Transit was directive.

"I asked a series of questions to which they provided answers to, and that was all," Underhill said. "Absolutely no order or directive was given at any time."

Mike Lowery, president of the Amalgamated Transit Union Local 1395, said he's worried about the First Amendment rights of ECAT workers and riders.

"The employees at ECAT currently feel intimidated by the county commission, and worried that they'll be disciplined, up to termination, for conducting their First Amendment rights,whether they're on-duty or off-duty on ECAT property," Lowery said.

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Cryptocurrency prices likely to continue wild ride

Posted: at 1:49 pm

SAN FRANCISCO What goes precipitously up, often comes crashing down to earth.

So it was with bitcoin on Thursday, when the price of the digital currency plunged19% its steepest drop in more than two years after a record run. The volatility remained on full display late Thursday and, as of Friday evening, bitcoin rebounded to$2,484.59.

The cryptocurrency, which flirted with $3,000 on Monday, sunk as low as $2,076.16 in intraday trading early Thursday amid a confluence of bad omens. Tech stocks have recently taken a thumping over concerns about their lofty valuations. Ominous reports from Goldman Sachs and Morgan Stanley suggested bitcoin was due for a reversal in price and required government regulation. The Federal Reserve hiked interest ratesWednesday.

Compounding worries, digital currency exchange Coinbase experienced an outage Monday because of high-trading volume. Another exchange, Bitfinex, on Tuesday said it was under DDOS attack.

Meanwhile, prices for digital currenciesripple andNEM declined the past week, though Ethereum, the second-largest currency, has soared 20% on speculation it will be the top currency. At $371.36, it lags far behind bitcoin in value.

CryptoCurrency Market Capitalizations

"Bitcoin and other digital currencies are experiencing rapid growth these days," says Guy Zyskind, CEO of Enigma,a start-up incryptocurrency investing."For this to be sustainable over time, the market has to correct itself from time to time."

The market's wild ride this week underscores"the ebbs and flows of an entirely new asset class," says Bill Barhydt, CEO of Abra, a peer-to-peer payment service.

"While the bitcoin price will likely recover and continue to rise, what we should see in the future is bitcoin becoming a solid store of value, much like gold," saysMihir Magudia, executive director of LEOcoin Foundation. "It will be relatively easy to liquidate but will not be used to commonly pay for goods and services."

Follow USA TODAY's San Francisco Bureau Chief Jon Swartz @jswartz on Twitter.

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Economics Professor: Bitcoin Will Make Plenty of Millionaires – CryptoCoinsNews

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According to a recent write-up published byPanos Mourdoukoutas,Professor and Chair of the Department of Economics at LIU Post in New York who is also contributing to several professional journals and magazines, such as Forbes and The New York Times, until its dive, bitcoin will make many more people millionaires.

Bitcoin hit $3,000 this month after a big correction down to $2,682 from $2,957 in the period of two days. CCN reported that billionaire Mark Cuban was calling bitcoins recent price surge a bubble. However, this is not the case since the cryptocurrency is showing an uptrend, recently standing on $2,831 and continuouslygoing upwards.

Mourdoukoutas shared a partly similar opinion to Cubans. Matching in the terms of saying that bitcoins price will drop after the huge surge, however, the university professor did not state that the cryptocurrency is a bubble.Mourdoukoutas added that the digital currency made many overnight millionaires people who invested into BTC when it was worth only a fraction of its current price. He added that bitcoinwill reach new highs, making more billionaires in the course of the action, before coming back down to earth.

According toMourdoukoutas, one reason for the increasing investment into the cryptocurrency is the ultra-low interest rate environment, which makes the trade of bitcoin an appealing proposition. In addition, there is a growing mistrust in the national currencies of multiple countries, following the government policies that pushed more investors into the cryptocurrency.

Mourdoukoutas said that one of these policies is the act when governments issue new treasurybonds at record low rates to cover the old debts with new ones. For example, Japan sells treasuries that yield almost nothing for the state, however, the countrys debts amount approximately the 250 percent of the GDP. The professor stated that Chinas treasuriesyield something, although, no one knows the exact amount of the unofficial debt.

The fact that there is a huge amount of debt connected to the Chinese Yuan and the Japanese Yen, makes the confidence of the investors disappear. And since there is bitcoin, a cryptocurrency that increased its value by 125 percent in 2016, people in Asia take advantage of the possibility and invest more into the digital currency.

The universityprofessor stated there is another government policy, which could decrease the trust in a countrys national currency. This move is when governments want to get rid of the old currency notes, as was the case in India and Venezuela. According toMourdoukoutas, one of these actions started the recent bitcoin surge.

Mourdoukoutas added in the write-up that there are certain advantages makingbitcoin a better hedge than conventional ones, such as gold. He added that the millennial generation is one of the biggest supporters of the cryptocurrency as they understand BTC better than the baby-boomer generation.

Unlike gold, for instance, bitcoin is a convenient medium of payment around the globe,Mourdoukoutas wrote.

According to the professor, bitcoins supply is expected to be limited to 21 million. Comparing to gold, there is no scarcity from the mineral since when the price of gold rises, it provides more incentive for gold miners to mine for gold.

Finally,Mourdoukoutas stated that the investor hype around bitcoin continuously helps the cryptocurrency to go upwards, as more and more investors are becoming familiar with the digital currency, and can use ETFs (exchange-traded funds) to conveniently participate in the market.

Featured image from Shutterstock.

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Space Station Welcomes Food and Supplies from Russian Ship – Space.com

Posted: at 1:48 pm

A robotic Russian cargo ship arrived at the International Space Station Friday (June 16), delivering tons of fresh food and other supplies for the orbiting lab's crew.

The Progress 67 spacecraft linked up with the space station in a smooth docking at 7:37 a.m. EDT (1137 GMT) as both vehicles sailed 258 miles (415 kilometers) over the Philippine Sea.

"Progress completes as smooth a journey as you can imagine," NASA spokesman Rob Navias said during live commentary. [The Space Station's Robotic Cargo Ship Fleet (Photo Guide)]

The Russian-built Progress 67 (far left) is seen by an HD camera on the International Space Station just before docking to deliver 3 tons of supplies for the outpost's crew on June 16, 2017.

The Progress spacecraft is carrying more than 3 tons (2.7 metric tons) of fresh food, fuel and other vital supplies for the space station's Expedition 52 crew. The craft parked itself at the aft end of the station's Russian-built Zvezda service module.

"The cargo vehicle is now in a gentle, but very firm embrace thanks to the station," cosmonaut Fyodor Yurchikhin of Russia, who commands the station's Expedition 52 crew, radioed in Russian to flight controllers at Roscosmos, the Russian space agency.

Progress 67 is the third robotic cargo ship to either arrive at or depart from the space station in recent weeks. On Sunday (June 11), an Orbital ATK Cygnus cargo ship re-entered Earth's atmosphere and burned up as planned to end its resupply mission. A SpaceX Dragon cargo ship arrived at the space station on June 5 and is expected to parachute back to Earth on July 2.

Progress 67 launched to the station Wednesday (June 16) from Baikonur Cosmodrome in Kazakhstan, sparking a deadly fire that killed one worker and injured another at the Baikonur Cosmodrome. A fragment of the Soyuz rocket that launched the cargo ship ignited grass on the Kazakh steppes, starting the blaze, according to a BBC News report.

Email Tariq Malik at tmalik@space.com or follow him@tariqjmalikandGoogle+.Follow us@Spacedotcom,FacebookandGoogle+. Original article onSpace.com.

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Star Wars fans make their mark on the International Space Station – Metro

Posted: at 1:48 pm

(Picture: Andrei Borisenko via 501st Legion Russian Outpost Facebook page)

The 501st Legion, also known as Vaders First, is an international group of fans who create and wear the costumes of Star Wars villains.

Now it seems theyve made their mark on space and a picture has emerged to prove it.

When theSoyuz MS-02 spacecraft headed off to orbit and dock with the International Space Station on October 20 last year it carried not onlythree members of the Expedition 49 crew (cosmonauts commanderSergey Nikolayevich Ryzhikov and flight engineers Andrei Borisenko and American astronautRobert S Kimbrough) but, apparently, also a very special and unique cargo.

Travelling 118 kilometers over 173 days and completing 2768 orbits of planet Earth, this cargo was not only relevant to the mission itself, but also to Star Wars fans across the globe.

According to the 501st Legion Russian Outpost Facebook page, Borisenko took the above picture of a patch.

The patch in question was designed by the 501st Legion Russian Outpost, which covers the Russian Federation and its 19 members.

The 501st is spread across the planet, from the smallest garrison the 27 strong Czech Garrison to the largest, the 739 strong German Garrison.

There are 11,453 members worldwide, and in 2016 they raised nearly 694,000 for a variety of charities worldwide.

The 502-strong UK Garrison logged 42,000 man-hours of community service and raised over 31,000, the largest contribution in Europe.

Its not the first time a Star Wars-related item has gone into space.

Forgetting Ronald Reagans infamous Star Wars strategic defence initiative, back in 2007 Luke Skywalkers original lightsaber from Return Of The Jedi headed north and into space onboard the Space Shuttle, STS-120.

Launching from the Kennedy Space Center on 23rd October 2007 the shuttle orbited Earth 238 times during its 15-day mission.

Day 12 saw the main Star Wars theme blast out for the days wake up call and the lightsaber stowed safely for the length of the mission before being displayed at Houston Space Center.

With the return of the saga to worldwide prominence it surely cant be long before an item from the new series of films makes its way into space.

Maybe the International Space Station will one day boast Kylo Rens lightsaber, or the dice from the Millennium Falcon.

Metro Blogs is a place for opinions. These opinions belong to the author and are not necessarily shared by Metro.

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International Space Station flies over Greenville tonight – Greenville Journal

Posted: at 1:48 pm

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This photo from NASA shows the International Space Station as it streaks across the night sky. The station is visible as often as once or twice a week or as rarely as once or twice a month, depending on the Earths rotation and on sky clarity.

Greenvilles stargazers may be able to catch a glimpse of the International Space Station from their own backyards tonight if they look up at the right time.

If the weather cooperates, the station maybe visible at 9:27 p.m. above Greenville and the surrounding areas. The station, which is the third brightest object in the sky, will move across the northwest sky and pass out of sight at 9:30 p.m., according to NASA.

You dont need a telescope or pair of binoculars to see the station. Its usually visible to the naked eye, said Thomas Riddle, assistant director of Roper Mountain Science Center. Its definitely brighter than an airplane.

Amber Porter, a lecturer in Clemson Universitys Department of Astronomy and Physics, said the Upstates stargazers may have to look a little harder than usual to see the station.The best sightings happen when the station is high enough in the sky about 40 degrees or more, said Porter.The station will be flying at 11 degrees on Friday night.

The orbiting laboratory, which travels 17,000 mph, typically looks like a small bright star during a flyover. In fact, it only takes about 90 minutes for the station to make a complete trip around the Earth, according to Riddle.

The astronauts who are working and living on the station experience 16 sunrises and sunsets each day. The space station currently houses Expedition 52, which includes three NASA astronauts.The crew, set toreturn in September, plans to perform experiments in biology, biotechnology, physical science, Earth science, and more.

According to Porter, the space station is visible as often as once or twice a week or as rarely as once or twice a month, depending on the Earths rotation and on sky clarity.

NASAs Spot the Station website lets people sign up for email or text-message alerts that let them know, a few hours before, when the space station will be visible from their own city, how long it should be visible, and at what point in the sky.

This service will only notify you of good sighting opportunities, says NASA.

For more information, visit spotthestation.nasa.gov.

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Pinson Valley selected for radio contact with International Space Station – Trussvilletribune

Posted: at 1:48 pm

From Trussville Tribune staff reports

PINSON According to a press release by Pinson Valley High, the school has been selected by Amateur Radio on the International Space Station (ARISS) to make contact with astronauts the International Space Station (ISS) 2018.

Pinson Valley High School. submitted photo

The school submitted a proposal that is part of a process will move into a second phase before making contact. The proposal was spearheaded by Jennifer Moore, who is an English teacher at Pinson Valley.

The school was one of 13 educational organizations to move into this phase, the press release stated.

Now an equipment plan will be submitted to ARISS for it to review. When its accepted, the schools availability must match radio contact opportunities that NASA can offer between January and June of 2018. During this time ISS will be orbiting approximately 250 miles above Earth.

The ARISS program provides a unique opportunity to expose our students to a multitude of STEAM(Science, Technology, Engineering, Arts, and Mathematics)careers, many of which our students can pursue at nearby colleges such as UAB, Moore said. It will help us reach our goal of graduating college and career-ready young adults.

Pinson Valley will have several partners to help with the next phase, which will be the Southern Museum of Flight, the U.S. Space and Rocket Center, and the Birmingham Amateur Radio Clubs Amateur Radio Advancement Group.

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