FBI loses in its quest to violate internet archive's privacy rights

No need for me to comment much other than say that this is very good news. Freedom isn't handed our freely, it must be rigorously defended. Thank you internet archives guys for standing up for freedom.

From the wired

The Internet Archive, a project to create a digital library of the web for posterity, successfully fought a secret government Patriot Act order for records about one of its patrons and won the right to make the order public, civil liberties groups announced Wednesday morning.

On November 26, 2007, the FBI served a controversial National Security Letter (.pdf) on the Internet Archive's founder Brewster Kahle, asking for records about one of the library's registered users, asking for the user's name, address and activity on the site.

The Electronic Frontier Foundation, the Internet Archive's lawyers, fought the NSL, challenging its constitutionality in a December 14 complaint (.pdf) to a federal court in San Francisco. The FBI agreed on April 21 to withdraw the letter and unseal the court case, making some of the documents available to the public.

The Patriot Act greatly expanded the reach of NSLs, which are subpoenas for documents such as billing records and telephone records that the FBI can issue in terrorism investigations without a judge's approval. Nearly all NSLs come with gag orders forbidding the recipient from ever speaking of the subpoena, except to a lawyer.

Brewster Kahle called the gag order "horrendous," saying he couldn't talk about the case with his board members, wife or staff, but said that his stand was part of a time-honored tradition of librarians protecting the rights of their patrons.

"This is an unqualified success that will help other recipients understand that you can push back on these," Kahle said in a conference call with reporters Wednesday morning.

Though FBI guidelines on using NSLs warned of overusing them, two Congressionally ordered audits revealed that the FBI had issued hundreds of illegal requests for student health records, telephone records and credit reports. The reports also found that the FBI had issued hundreds of thousands of NSLs since 2001, but failed to track their use. In a letter to Congress last week, the FBI admitted it can only estimate how many NSLs it has issued.

The Internet Archive's case is only the third known court challenge to an NSL, all of which ended with the FBI rescinding the NSL, according to the ACLU's Melissa Goodman.

"That makes you wonder about the the hundreds of thousands of NSLs that haven't been challenged," Goodman said, suggesting that the FBI had collected sensitive information on innocent Americans.

The EFF, joined by the ACLU, initially used the letter to challenge the constitutionality of NSLs generally, saying the gag order violates the First Amendment. They also argued that the specific NSL used was illegal since the Internet Archive is a library, not a communications provider.

The settlement with the government (.pdf) puts an end to that challenge and still keeps Kahle and his lawyers from discussing -- even in the most general terms -- what the FBI was after and what public information the Internet Archive turned over to the FBI. For instance, the lawyers declined to say what kind of information the target was looking at or uploading -- such as animal rights information or Muslim literature.

The ACLU has successfully quashed two other NSLs, including one request to a library system asking for web surfing histories of patrons and another to a small New York hosting provider asking for data about a website it hosted. The Internet Archive case is only the second time the courts allowed the recipient of a Patriot Act National Security Letter to reveal his or her identity.

In the case of a NSL sent to a small ISP in New York, a judge ruled that the entire NSL statute is unconstitutional because of the gag order, but that ruling is under appeal. Though the FBI withdrew the request for information on one of the websites the ISP hosted, the target of that letter is still bound by a gag order, though he did write an op-ed for the Washington Post about the experience.

Though Kahle wouldn't say what the feds were after, he stressed that the Internet Archive stores very little non-public information -- only an unverified email address for those who choose to provide it -- and does not log IP addresses.

SOTT defends its free speech rights

I am watching this case that I previously posted on very closely. As I mentioned before, it seems like one heck of a free speech issue to me. And since the powers that be are clamping down so much on freedom, it would be interesting to see the outcome. I am glad that SOTT is not going gently into the night but instead is vigorously defending themselves and by proxy our right to state OPINIONS on matters of FACT. I am glad other web citizens are picking up on it too. Too bad more people are not. I am reminded of this:

First they came for the Communist and I did not speak out--because I was not a communist.

Then they came for the Socialist and I did not speak out--because I was not a socialist.

Then they came for the Trade Unionist and I did not speak out--because I was not a Trade Unionist.

Then they came for the Jews and I did not speak out--because I was not a Jew.

Then they came for me, and there was no one left to speak out for me."

----Reverend Martin Niemueller

It seems that friends of Mr. Pepin or maybe they're just individuals who see the case differently than I do, are going to little read blogs like yours truly to defend him. Free speech and all. I have no issues with them posting what they think about the case as long as they are not using foul language and threatening harm. I may not agree with what is said, but I certainty will support the right for it to be said. SOTT seems to be fighting back by asking for a dismissal of the case.

QFG and SOTT.net defend Internet First Amendment rights.

SOTT.net - May 02, 2008

(PRNewsChannel) / Portland, Oregon - Quantum Future Group, Inc. ("QFG"), the only defendant that has been served in an Internet defamation suit brought by New-Age guru Eric Pepin's sales company, has forcefully challenged the merits of the case and has asked an Oregon federal judge for a dismissal and attorneys fees.

The case concerns postings on a forum hosted by SOTT.net (Signs of the Times), an Internet site devoted to news and analysis in various fields, including analyzing and exposing cults. Citing Oregon's anti-SLAPP ("Strategic Lawsuits Against Public Participation") statute, QFG contends that the statements about Pepin and his company, Higher Balance Institute, LLC ("HBI") are constitutionally protected. Because HBI cannot show that it probably will prevail, QFG argues, the case must be dismissed before QFG or the other defendants must spend large amounts to defend themselves.

"Without exception," the motion states, "the statements are all constitutionally protected expressions of opinion rather than verifiable assertions of fact. HBI cannot meet its burden to prove, by clear and convincing evidence, that the statements are false, let alone that Defendants knew that they were false or had serious doubts as to their truth."

The statements cited in QFG's complaint question Pepin's meditation techniques and comment on Pepin's 2007 trial on multiple sexual charges involving a 17-year-old male acolyte. The statements at issue include a November 7, 2007 comment that "It's really starting to look like this Eric Pepin and his Higher Balance Institute may be merely COINTELPRO and a front for pedophilia" and a November 4, 2007 comment by an anonymous poster that something "fishy" was going on at HBI.

QFG's motions state that the forum posts are opinion based on stated facts published on a mainstream news source and are constitutionally protected. The motion also argues that the operator of an Internet forum cannot be liable for the posts of third parties under the Communications Decency Act of 1996 ("CDA") and questions Oregon's jurisdiction over QFG, a California non-profit corporation whose primary place of business is in France.

"These are exactly the sort of statements that the First Amendment and recent statutes protect as free speech," said QFG attorney Stephen Kaus, who prepared the papers with his colleagues Walter Hansell and Merrit Jones. "People are entitled to believe in gurus such as Pepin and buy their books and courses for hundreds of dollars or more, but people are also entitled to point out their view that the techniques of telepathy and development of a sixth eye promoted by Pepin are nonsense."

Much of the dispute concerns Pepin's trial on charges of sexual misconduct with a minor. Pepin was acquitted in a court trial because the judge did not feel the charges had been proven beyond a reasonable doubt. According to the article in the Oregonian, Washington County Circuit Court Judge Steven L. Price stated that it was, " 'probable that the conduct alleged in all counts occurred,' but he wasn't convinced beyond a reasonable doubt" and "called the leader of a metaphysical Internet sales company manipulative and controlling and his testimony unbelievable, even as he acquitted him today of charges that he had sex with an underage boy."

SOTT.NET posters point out that being found "not guilty beyond a reasonable doubt" is not the same thing as being found "innocent of all charges."

The sexual charges aside, the SOTT.NET forum topic on Pepin and HBI has been the site of a lively debate on whether he is an exploiter, ever since a visitor posted an inquiry about them in 2006. Several Pepin devotees have posted fervent praise, while others have denounced him as a power-lusting cult leader who takes advantage of gullible followers.

SOTT.NET contends that it is the public's right to examine the claims of any company selling a product or service to the public and to form their own opinion as to whether it is "snake-oil" sold by con-artists or not and that those opinions may be made public for the safety of consumers.

In a previous press release, atty Walter Hansell noted: "HBI's lawsuit is a frontal assault on free speech, and on the free global flow of information and opinion on the Internet. It is a blunt force attack on the discussion of sincere opinions among people sharing common interests."

See: http://www.prnewschannel.com/absolutenm/templates/?a=423&z=4

Following the filing of the motions to dismiss on April 25th, Walter Hansell of Cooper, White & Cooper said: "The intent of this suit by HBI is to stifle free speech, but luckily the anti SLAPP statute allows us to nip the matter in the bud before the cost is out of hand."

About Signs of The Times:
SOTT.net is an independent alternative news and analysis outlet that seeks to shine a spotlight on significant events and trends that affect the entire world. SOTT.net helps bring clarity out of a sea of media spin. The site is funded entirely by donations from individuals and groups that seek to support its work. For more information visit http://www.sott.net

About Quantum Future Group:
Quantum Future Group (QFG) supports activities that bring together people to engage in and to promote the study of scientific ideas and research in all scientific and socio-cultural fields that further the deepest understanding of our world and our place within it without regard to nationality or ethnicity. QFG seeks to increase the understanding of humankind by humankind, as a whole, by sponsoring research into all the parts to see how they fit together. QFG supports documented research that is made freely and widely available to all humanity. For more information visit:http://quantumfuturegroup.org

About Cooper, White & Cooper LLP:
Cooper, White & Cooper LLP, based in San Francisco, is longtime defender of free speech and communications. For more information visit http://www.cwclaw.com/

Contact: Joseph Quinn
Email: : sott@sott.net
Phone: : +33 563 048231
Web site: www.sott.net
To view this press release online

Another case of free speech treatened!

Here we go again. It keeps happening and unless we stay on top of
these things it will only get worse.

The alternative news site AlterInfo is also in trouble and are being sued.
As I said before I don't have to agree with the politics of a given site but surely they are allowed to speak their minds. Got this one from SOTT




Jeff
sott.net
Fri, 21 Mar 2008 13:03 ED

The French alternative website Alterinfo.net is threatened with closing down as they face legal complaints and accusations of "antisemitism" by the Zionist lobby.

The French associative AlterInfo news agency is facing what it qualifies as a "new attempt of intimidation and destabilization". In January, UEJF [1] and AIPJ [2], two Jewish militant associations, lodged and summoned AlterInfo to appear in court for a summary judgment. The judgment returned on January 18th ruled in the Jewish lobbies' favour, which prompted the news agency to lodge an appeal, in which they will be able to better explain and justify their position. [Note: AlterInfo cannot reveal too many details about the case, to prevent the justice from interpreting the news release as an interference in the judicial procedure.]

These legal proceedings, as reported on the alternative news site, follow repeated death threats as well as several attempts at bribery in order to influence the editors and their editorial line. The editorial line is defined as "the transmission of another version of what the dominant thought imposes, an alternative interpretation of the information conveyed by the commercial media".

This procedure is coupled with a media campaign, in the front line of which we find UEJF and AIPJ.

Alterinfo's editor reports in an article:
" [...] I will mention two articles which the militant UEJF and AIPJ associations published against me and against the Alter Info website in their community press. 'L'Actualité Juive' ('The Jewish News') and its very 'objective' scribe are not attempting this for the first time: over the last year, at least three insulting articles have been published by the same right-thinking author. See :
href="http://www.alterinfo.net/docs/actualite_juive.pdf"> Jean-Yves Camus' last article in 'Actualité Juive' in pdf format

The CRIF[3], recently joined this assault by publishing a statement entitled: "Writ issued against an anti-Semitic and conspiracy focused website."

Alterinfo states:
"Those who, since our beginnings, have been denigrating us, have suddenly been more fearless after the complaint filed against us - which is easily seen by googling alterinfo.net (always visible on some sites against which we do not exclude the possibility of raising a complaint). After the CRIF website which published: 'Writ issued against an anti-semitic and conspiratorial website', the prochoix.org website joins the list of the sectarian storytellers, where we can read in a resentful and very subjective rag published on prochoix.org (Caroline Fourest's site): ' [...] The text, extracted from 'Les Indigènes de la République' website, has already been republished by Bellaciao, Indymedia / Paris Ile-de-France, or the anti-Semitic and conspiracy focused website alterinfo.net. ' [Link to the article]

Alterinfo declares: "That we are being blamed, for lack of other lies, to be conspiracy focused doesn't bother us, and we claim our "conspira-Zionism", but the anti-Semitism, in addition to being an offence, we strongly deny; we shall see at the appropriate moment (when we have the financial means) if the justice will pronounce fairly on this issue."

The AlterInfo editors denounce the UEJF and AIPJ method which, according to them, follow the same logic: "Failing to silence us, they want to ruin us financially and psychologically in order to hinder our association's proper functioning".

The site appealed for donations on January 11th, to deal with expenses induced by the procedure. On February 18th, the association paid 9200 Euros for lawyer's fees, which covers "hardly half the expenses generated by this case". The pleading hearing for the appeal is scheduled on April 16th, 2008 at 2 pm; to send your donation please click here.

AlterInfo is in good standing among the French alternative media. "In January, the site had 312,749 visits and 1,686,434 readings for 171,503 different IP addresses. The number of readers of our site irritates, and perhaps even frightens, certain groups ", declares Alterinfo.

Among these site visitors are several renowned readers and institutions, all identified by their connection IP. "The diversity and relevance of the published texts seem to interest many more people than our opponents would like us to believe. If, as our detractors assume, our guests were only nut-cases or vulgar anti-Semites, how do you explain our readers' diversity?

To illustrate their deviancy and demonstrate that their charges are only fantasy, we retain listings of the connection IPs of the governmental institutions - governments and parliaments as well as various ministries (national and foreign), even the Elysée (French Presidency) occasionally (by the way, what could the president advisors look for on our site?) What is indicated by these numerous financial institutions - central banks of various countries, even the World Bank coming to glean information from our site, and the various national trade media which regularly also visit our pages?", reports Alterinfo.

These legal proceedings are all the more surprising as Alterinfo deals with the problems of Zionism (a xenophobic political ideology which is among others promulgated by Christians and condemned by numerous Jews) and emphasizes frequently the distinction, which it makes, between Zionism and Judaism.

Is it factual to call a person anti-American who criticizes Dick Cheney's neoliberal political ideology?

Don't be mistaken, in this case, it is the freedom of speech on the Internet that is targeted. AlterInfo needs you... NOW!

"All that is necessary for the triumph of evil is for the good men do nothing." (Edmund Burke)

"It is not our detractors who will close our site and associative news agency, but the passivity and/or the laxness of our most diligent readers and our supposed supporters and their reaction to our current financial difficulties."

"Those who filed this lawsuit thought indeed that even if we won in the summary judgment or in appeal, we would be financially 'weakened'. If they partially 'succeeded', it becomes clear how many supporters we have, and to a certain extent, they only strengthened our determination to continue, and brought more attention to our purpose and cause. Furthermore, they gave us the occasion to see who were our true friends, and it is priceless.", declared Alterinfo editors.

Here are the four news releases published by the AlterInfo website to
date:
- Alter Info communiqué (UEJF and AIPJ vs. Alter Info case) January 11th, 2008.
- Report: UEJF and J'ACCUSE vs. Alter Info -January 20th, 2008.
- Results of our call to donation and projects for the continuation [Alter Info editorial staff] - February 18th, 2008.
-Bis repetita UEJF/J'ACCUSE contre Alter Info: L'assignation en référé, nouveau procédé de censure ? - Zeynel CEKICI, Alterinfo's chief editor - 18 mars 2008

[1] The Union of the Jewish students of France ( UEJF) is a student association created in 1944, which represents the Jewish students in France (Wikipedia).

[2] J'Accuse (I accuse) - International Association for Justice (AIPJ), was founded in 2001, notably by people in charge of UEJF and LICRA. Marc KNOBEL,
researcher at the CRIF and at the Simon Wiesenthal Center is the president. About this matter, it is interesting to have a look at the text "The thought Police: CRIF at the National Magistracy School" on Altermedia.info.

[3] The French Jewish Organizations Council (known also under the CRIF acronym) federates, within a single representative organization, various
political, social or religious leanings in the French Jewry. To date, the CRIF federates more than sixty associations, among which the Unified Jewish Social Fund and the Universal Jewish Alliance (Wikipedia).

I Abhor racism but still a victory for freedom

While I disagree with the racist content of housing ads posted on craigslist. I think this lawsuit is a good example of how those who wish to limit free speech can use real legitimate issues to do so.
I was happy to see the suit dismissed.

Virtual Demos Over Net Censorship

From BBC

Thousands of people are taking part in "virtual protests" against countries accused of censoring the internet.

For its first Online Free Expression Day, media watchdog Reporters Without Borders (RSF) has created virtual versions of nine public spaces.

These areas where protests are not normally possible include Beijing's Tiananmen Square and Kim Il-Sung Square in the North Korean capital Pyongyang.

RSF says at least 62 cyber-dissidents are in jail around the world.


More than 2,600 websites, blogs, or forums were closed down or blocked last year, the group says Internet enemies'

The RSF demonstrations are running for 24 hours, until 1000 GMT on 13 March. Several hours after they opened, more than 5,000 virtual dissidents were protesting online.


A response of this kind is needed to the growing tendency to crack down on bloggers and to close websites


Users are invited to create an avatar, choose a message for a banner and take part in one of the demonstrations in Burma, China, Cuba, Egypt, Eritrea, North Korea, Tunisia, Turkmenistan and Vietnam.

This year, RSF has added Zimbabwe and Ethiopia to its list of "internet enemies".

The other countries blacklisted by the group are Belarus, Burma, China, Cuba, Egypt, Iran, North Korea, Saudi Arabia, Syria, Tunisia, Turkmenistan, Uzbekistan, and Vietnam.

"From now on, we will organise activities every 12 March to condemn cyber-censorship throughout the world," RSF said in a statement.

"A response of this kind is needed to the growing tendency to crack down on bloggers and to close websites."

One of the most targeted internet sites is the popular video-sharing website, YouTube, that has been blocked or banned in a number of countries including China, Iran, Pakistan, Turkey, Burma and Brazil.

The reasons for banning the site vary from country to country, but include government objections to religious and political material, foreign sites and pornography.

McCain's Spiritual Guide:Destroy Islam

I am not a fan of any organized religion, Islam included. But the kind of rhetoric being
thrown around by so called spiritual guides are anything but spiritual. The article I found on today on Mother Jones says this guru of McCain is calling for war against the "false religion of Islam". Just about all of them are false, so are we to just wage war every and any where people are religious?
People can believe what they want, in my view but when they use those beliefs to rape, murder and pillage be they Christian, Jew Gentile, Muslims or what have you, I have a problem. This "spiritual guide" is advocating genocide. He's allowed to say what he wants but reasonable people should shun him and render his words meaningless by refusing to support such rhetoric.

Televangelist Rod Parsley, a key McCain ally in Ohio, has called for eradicating the "false religion." Will the GOP presidential candidate renounce him?




By David Corn

March 12, 2008


Senator John McCain hailed as a spiritual adviser an Ohio megachurch pastor who has called upon Christians to wage a "war" against the "false religion" of Islam with the aim of destroying it.

On February 26, McCain appeared at a campaign rally in Cincinnati with the Reverend Rod Parsley of the World Harvest Church of Columbus, a supersize Pentecostal institution that features a 5,200-seat sanctuary, a television studio (where Parsley tapes a weekly show), and a 122,000-square-foot Ministry Activity Center. That day, a week before the Ohio primary, Parsley praised the Republican presidential front-runner as a "strong, true, consistent conservative." The endorsement was important for McCain, who at the time was trying to put an end to the lingering challenge from former Arkansas governor Mike Huckabee, a favorite among Christian evangelicals. A politically influential figure in Ohio, Parsley could also play a key role in McCain's effort to win this bellwether state in the general election. McCain, with Parsley by his side at the Cincinnati rally, called the evangelical minister a "spiritual guide."

The leader of a 12,000-member congregation, Parsley has written several books outlining his fundamentalist religious outlook, including the 2005 Silent No More. In this work, Parsley decries the "spiritual desperation" of the United States, and he blasts away at the usual suspects: activist judges, civil libertarians who advocate the separation of church and state, the homosexual "culture" ("homosexuals are anything but happy and carefree"), the "abortion industry," and the crass and profane entertainment industry. And Parsley targets another profound threat to the United States: the religion of Islam.

In a chapter titled "Islam: The Deception of Allah," Parsley warns there is a "war between Islam and Christian civilization." He continues:

I cannot tell you how important it is that we understand the true nature of Islam, that we see it for what it really is. In fact, I will tell you this: I do not believe our country can truly fulfill its divine purpose until we understand our historical conflict with Islam. I know that this statement sounds extreme, but I do not shrink from its implications. The fact is that America was founded, in part, with the intention of seeing this false religion destroyed, and I believe September 11, 2001, was a generational call to arms that we can no longer ignore.

Parsley is not shy about his desire to obliterate Islam. In Silent No More, he notes—approvingly—that Christopher Columbus shared the same goal: "It was to defeat Islam, among other dreams, that Christopher Columbus sailed to the New World in 1492…Columbus dreamed of defeating the armies of Islam with the armies of Europe made mighty by the wealth of the New World. It was this dream that, in part, began America." He urges his readers to realize that a confrontation between Christianity and Islam is unavoidable: "We find now we have no choice. The time has come." And he has bad news: "We may already be losing the battle. As I scan the world, I find that Islam is responsible for more pain, more bloodshed, and more devastation than nearly any other force on earth at this moment."

Parsley claims that Islam is an "anti-Christ religion" predicated on "deception." The Muslim prophet Muhammad, he writes, "received revelations from demons and not from the true God." And he emphasizes this point: "Allah was a demon spirit." Parsley does not differentiate between violent Islamic extremists and other followers of the religion:

There are some, of course, who will say that the violence I cite is the exception and not the rule. I beg to differ. I will counter, respectfully, that what some call "extremists" are instead mainstream believers who are drawing from the well at the very heart of Islam.

The spirit of Islam, he maintains, is one of hostility. He asserts that the religion "inspired" the 9/11 attacks. He bemoans the fact that in the years after 9/11, 34,000 Americans "have become Muslim" and that there are "some 1,209 mosques" in America. Islam, he declares, is a "faith that fully intends to conquer the world" through violence. The United States, he insists, "has historically understood herself as a bastion against Islam," but "history is crashing in upon us."

At the end of his chapter on Islam, Parsley asks, "Are we a Christian nation? I say yes." Without specifying what actions should be taken to eradicate the religion, he essentially calls for a new crusade.

Parsley, who refers to himself as a "Christocrat," is no stranger to controversy. In 2007, the grassroots organization he founded, the Center for Moral Clarity, called for prosecuting people who commit adultery. In January, he compared Planned Parenthood to Nazis. In the past Parsley's church has been accused of engaging in pro-Republican partisan activities in violation of its tax-exempt status.

Why would McCain court Parsley? He has long had trouble figuring out how to deal with Christian fundamentalists, an important bloc for the Republican Party. During his 2000 presidential bid, he referred to Pat Robertson and Jerry Falwell as "agents of intolerance." But six years later, as he readied himself for another White House run, McCain repudiated that remark. More recently, his campaign hit a rough patch when he accepted the endorsement of the Reverend John Hagee, a Texas televangelist who has called the Catholic Church "the great whore" and a "false cult system." After the Catholic League protested and called on McCain to renounce Hagee's support, the presumptive Republican presidential nominee praised Hagee's spiritual leadership and support of Israel and said that "when [Hagee] endorses me, it does not mean that I embrace everything that he stands for or believes in." After being further criticized for his Hagee connection, McCain backed off slightly, saying, "I repudiate any comments that are made, including Pastor Hagee's, if they are anti-Catholic or offensive to Catholics." But McCain did not renounce Hagee's endorsement.

McCain's relationship with Parsley is politically significant. In 2004, Parsley's church was credited with driving Christian fundamentalist voters to the polls for George W. Bush. With Ohio expected to again be a decisive state in the presidential contest, Parsley's World Harvest Church and an affiliated entity called Reformation Ohio, which registers voters, could be important players within this battleground state. Considering that the Ohio Republican Party has been decimated by various political scandals and that a popular Democrat, Ted Strickland, is now the state's governor, McCain and the Republicans will need all the help they can get in the Buckeye State this fall. It's a real question: Can McCain win the presidency without Parsley?

The McCain campaign did not respond to a request for comment regarding Parsley and his anti-Islam writings. Parsley did not return a call seeking comment.

"The last thing I want to be is another screaming voice moving people to extremes and provoking them to folly in the name of patriotism," Parsley writes in Silent No More. Provoking people to holy war is another matter. About that, McCain so far is silent.

Bush Debt 7.7 Trillion

I am no Clinton fan. I think he was a covert fascist in his own way. But gads!
The fictitious money he helped create out of nothing at least created a surplus.

Thanks to the Think Progress peeps for this one.

Today, lawmakers took to the Senate floor and blasted President Bush’s wasteful spending. To fully illustrate the impact, Sen. Sheldon Whitehouse (D-RI), brought up a chart showing the budget plans of President Clinton versus the budget formulated by Bush. He concluded that by squandering Clinton’s government surplus, Bush has cost the country $7.7 trillion:

We are told to be worried about terrorists and the evils they do because they hate our American way of life, our wonderful freedoms. But who is it that has wrecked our way of life and restricted our freedoms? Under whose leadership have we gone down the same road the Soviets traveled when they went into Afghanistan? The US is bleeding and our money and manpower is being drained by poorly planned, executed and unnecessary wars. Do these people in office not learn from history, or do they always believe they operate under the law of exception?

Lawmaker Wants to Make Anonymous Internet Posting Illegal

Gosh, what is it these days with wanting to clamp down freedom of speech and expression? It's the progressive fascistization of the world. This moron of a lawmaker wants to make anonymous posting illegal on the web.

By Kellie Wilson

Kentucky Representative Tim Couch filed a bill this week to make anonymous posting online illegal.

The bill would require anyone who contributes to a website to register their real name, address and e-mail address with that site.

Their full name would be used anytime a comment is posted.

If the bill becomes law, the website operator would have to pay if someone was allowed to post anonymously on their site. The fine would be five-hundred dollars for a first offense and one-thousand dollars for each offense after that.

Representative Couch says he filed the bill in hopes of cutting down on online bullying. He says that has especially been a problem in his Eastern Kentucky district.

Action News 36 asked people what they thought about the bill.

Some said they felt it was a violation of First Amendment rights. Others say it is a good tool toward eliminating online harassment.

Represntative Couch says enforcing this bill if it became law would be a challenge.

More free speech issues...from china

Since I'm on a free speech roll...

From yahoo news

"Lust, caution" actress banned in China

Actress Tang Wei, who won an award in Taiwan for her role in the erotic spy thriller "Lust, Caution," is seen here in California in February 2008. The actress has been blacklisted in China due to controversy over the film, a report has said

Free speech on the web threatened

While posting about Battlestar Galactica, I also checked out some old links and came across a doozy of a case regarding a free speech issue. While I don't always have time to look into all my links anymore, a cursory view suggests that a whole lot has happened in a year. Signs of the times became SOTT.net and they are being sued.

It seems this Eric Pepin dude didn't like what was said about him on the alternative news forum for the SOTT website a while back. He claims to have lost income based on the discussion.
You'd think this guy who admits to having slept with his employees would be less litigious. Is he going to sue every website that mentioned his case regarding sex with a minor? Is he going to sue every public person who participated on the discussion forum that ensued? He got off on that case, but come on..suing for discussing what was a real news story is kinda...well, you make up your mind.



"Master" Eric J Pepin

Yesterday, as I was working on finishing up the next installment of the Comet Series of Articles, FedEx delivered a packet of mail from our corporate registered agent in the U.S. It was "Complaint and Demand for Jury Trial" filed in the State of Oregon by Eric Pepin's Higher Balance Institute, LLC. The reason? A discussion on the SOTT Forum that begins HERE.

Well, that was entertaining enough when you think about the fact that the discussion that he objects to was centered on several newspaper articles that describe his close calls with the legal system in Oregon over charges of sex abuse.

The legal document I received is 10 pages long so I'm just going to summarize it here. If you want to read the whole thing (it's hilarious beyond belief!) go HERE for the pdf.

UNITED STATES DISTRICT COURT DISTRICT OF OREGON

Civil No.: CV '08-0233 HA

COMPLAINT AND DEMAND FOR JURY TRIAL

HIGHER BALANCE, LLC, an Oregon
Limited Liability Company, dba HIGHER
BALANCE INSTITUTE, Plaintiff

v.

QUANTUM FUTURE GROUP, INC, a
California corporation, and LAURA
KNIGHT- JADCZYK, Defendants.

Plaintiff Higher Balance LLC, dba Higher Balance Institute ("HBI") files this Complaint against defendants Quantum Future Group, Inc. ("QFG") and Laura Knight-Jadczyk and alleges the following:

...defendants committed intentional torts that were purposefully targeted at HBI within the State of Oregon; defendants knew that HBI is a resident of the State of Oregon; defendants' tortious conduct cause HBI to suffer economic harm within the State of Oregon; HBI's claims arise out of defendants' activities relating to the State of Oregon; and the exercise of jurisdiction over defendants is reasonable in light of their intentional misconduct directed towards a resident of the State of Oregon.

As this Court has specific personal jurisdiction over the defendants, venue is proper in this district and division under 28 U.S.C 1391(a)(3)

General Allegations:

HBI is an Oregon-based company with over 40,000 customers from all over the world. HBI is dedicated to helping its customers relieve stress, reduce anxiety, and achieve emotional balance and spiritual enlightenment through meditation techniques. The majority of HBI's revenues are derived from the online sale of its books and CDs, which are designed to help its customers learn these meditation techniques.

[Etc...]

Defendant QFG operates a website known as Signs of the Times ("SOTT"). QFG posts articles and sponsors forums regarding various conspiracy theories and allegedly corrupt organizations on the SOTT website.

Employees and agents of QFG, including defendant Knight-Jadczyk, serve as administrators and moderators of SOTT forums. QFG employees and agents, including defendant Knight-Jadczyk, post comments and analyses in SOTT forums. These employees and agents act within the course and scope of their agency for QFG when serving as administrators and moderators of the SOTT website and when posting comments and analyses on the SOTT website.

SOTT forums are available to the general public online.

...Many of HBI's existing and potential customers read the SOTT website as a source of alternative media....

FIRST CLAIM FOR RELIEF - Defamation - Libel

....Beginning in May 2006, QFG sponsored a forum on the SOTT website concerning HBI under the heading "COINTELPRO."

Beginning in November 2007, defendants intentionally posted several false, baseless, and derogatory accusations concerning HBI on the SOTT website including, but not limited to:

a. HBI is a "front for pedophilia";
b. HBI is a "cointelpro" organization;
c. Meditation, as sold by HBI, is an act of "falling into confluence with a psychopathic reality";
d. Those associated with HBI must be careful to avoid sexual molestation by HBI members;
e. HBI is conning the public;
f. "Fishy sexual conduct is occurring at HBI; and
g. HBI "leads people more deeply into sleep."

By posting these statements in a public internet forum, defendants have published and communicated false and baseless accusations concerning HBI to third parties, including existing and potential HBI customers.

Defendants' statements tend to subject HBI to hatred, contempt, and ridicule and tend to diminish the esteem, respect, goodwill and confidence in which HBI is held by the public and by its customers.

Defendant made these false statements with knowledge of their falsity or with reckless disregard for their truth.

As a result of defendants' false and defamatory statement, HBI suffered general damages in the form of loss of reputation in an amount to be determined at trial, but in any event, not less than $500,000. HBI has also suffered special damages in the form of lost income in amounts to be determined at trial, but in any event, not less than $834,732.

Defendants defamatory statements are still available to the general public on the SOTT website and are easily found through internet searches relating to HBI. Defendants conduct causes HBI irreparable harm, and HBI is entitled to an injunction preventing defendants' continued defamation of HBI.

SECOND CLAIM FOR RELIEF: False Light

Defendants intentionally gave publicity to matters concerning HBI that placed HBI in a false light before the public. etc

...economic damages ... not less than $834,732.

THIRD CLAIM FOR RELIEF: Intentional Interference with Economic Relations - Interference with Business Relationships

Defendant intentionally interfered with many of these business relationships by communicating the false and defamatory information listed...

...economic damages ... not less than $97,299.

HBI... has also suffered damages in the form of loss of reputation ... damages .... not less than $500,000.

...Defendants conduct was malicious and warrants punitive damages...

FOURTH CLAIM FOR RELIEF: Intentional Interference With Economic Relations - Prospective Economic Advantage

Defendant's interference has diminished the esteem, respect, goodwill, and confidence in which HBI is held by the general public, thereby hindering HBI's ability to obtain many new customers with whom HBI had a prospective business relationship. ... damages to be determined at trial...

...On its First Claim for Relief, that HBI be awarded general and special damages in amounts to be determined at trial, but in any event, not less than $1,334,732, and that defendants be enjoined from their continued defamation of HBI.

...On its Second Claim for Relief, that HBI be awarded damages in an amount to be determined at trial, but in any event, not less than $1,334,732. and that defendants be enjoined from continuing to place HBI in a false light.

...On its Third Claim for Relief, that HBI be awarded damages in an amount to be determined at trial, but in any event, not less than $597,299. plus punitive damages, and that defendants be enjoined from their coninued interference with HBI's prospective business relationships.

...On its Fourth Claim for Relief, that HBI be awarded damages in an amount to be determined at trial, but in any event, not less than $1,205,000 plus punitive damages, and that defendants be enjoined from their continued interference with HBI's business relationships.

... That HBI be awarded pre-judgment and post-judgment interest on all damages recovered.

...That HBI be awarded its costs and disbursements incurred in this action; ...

Harry and David demands a trial by jury on all issues so triable.

25th day of February, 2008.

Bullivant houser Bailey PC
Renee E. Rothauge
Chad M. Colton
Tel 503.228.6351
Attorneys for Higher Balance Institute

Whoah! That's some heavy duty stuff, eh? Sounds like we just ripped up on that poor guy for no reason at all!

But that's not quite the situation. The original article about Eric Pepin that was brought to our attention on page 5 of the above-mentioned forum thread read as follows:

A 39-year-old Aloha man who promises spiritual awakening through meditation books and CDs he sells on the Internet is facing sex-abuse charges.

Beaverton police Detective Mike Smith said Eric J. Pepin runs what appears to be a cult out of his Higher Balance Institute on Southwest Second Street in Beaverton.

Pepin was arraigned Tuesday in Washington County criminal court on one count of using a child in a display of sexually explicit conduct, two counts of second-degree sexual abuse, and four counts of third-degree sexual abuse. He was released after posting $26,750 cash, or 10 percent of $267,500 bail. A trial was set for Sept. 12.

Using a child in a sexual display is a Measure 11 crime punishable by a mandatory minimum of 5 years and 10 months in prison.

Jamison Dwight Priebe, 21, who works for Pepin and lives at the same address in the 19600 block of Southwest Cooperhawk Court in Aloha, also was arrested on one count each of using a child in a sexual display and third-degree sexual abuse.

Priebe and Pepin turned themselves in at the Washington County Jail last week after a grand jury handed down secret indictments. Priebe was released after posting $25,375 cash bail and is awaiting arraignment Monday.

Smith said a man who is now 20 was 17 and working for Pepin when he allegedly was sexually abused at the Higher Balance office in the 11900 block of Southwest Second Street in Beaverton and at Pepin's former home in the city.

A call to the Higher Balance Institute on Wednesday was answered by a "Personal Star Reach Coach," who referred questions to Pepin's private attorney, Sam Kauffman.

"The charges are false, and we are confident Mr. Pepin will be exonerated," Kauffman said.

Pepin's Web site claims he has located more than 100 missing persons and runaways, along with U.S. Navy submarines, through a psychic ability he calls "remote viewing."

Pepin's meditation systems, which sell for $79 to $149, help customers develop their "sixth sense" and apply it "inward to awaken a dimensional universe within the mind," the Web site says.

According to an affidavit Smith filed with a request for a search warrant, the alleged victim told police that Internet customers who rave about Pepin's teachings are men and women usually older than 35. But, the man said Pepin told him he should recruit "good-looking men" between the ages of 18 and 24 to work for him.

The court record also says Pepin knew the man was 17 when he forced him to perform sex acts.

The boy, Smith wrote, "was taught by Pepin to believe that the sexual contact was only a spiritual necessity." But after a while, the affidavit says, the boy decided he was being used by Pepin, who bought him meals and paid him $200 after sex.

The man contacted Beaverton police in January.

Smith said anyone who may have had underage sexual contact with Pepin should call him at 503-526-2280.

Smith said the man accusing Pepin told police he met one of Pepin's followers at Beaverton Town Square in April 2004. He told Smith the recruiter invited him to meet Pepin and see him demonstrate levitation.

Pepin introduced himself dressed in a robe emblazoned with the words "Master Eric" and a triangular symbol and told the victim to take off his shirt, the detective said.

"It's a cult," Smith said, "anytime you have a guy who fancies himself as the master, the leader."

In another story from Associated Press found HERE, we read:

Beaverton police Detective Mike Smith said Pepin operated the Higher Balance Institute in Beaverton. Smith said the ornate robe emblazoned "Master Eric" turned up during a search.

Well, I've been falsely accused of trying to start a cult myself, so I might ordinarily have had sympathy for Pepin, but when I read the bit about the robe, I blew my tea through my nose. I guess that's why I'm such a failure as a cult-leader (aside from the fact that I'm not interested in the job) - I hardly ever wear anything other than sweats and bedroom slippers and spend all my time working!

In any event, even though a grand jury felt that there was enough evidence to indict Pepin, he was eventually acquitted in trial before a judge as the following report informs us:

Institute leader acquitted of sex charges

HOLLY DANKS - HILLSBORO -- A Washington County Circuit judge called the leader of a metaphysical Internet sales company manipulative and controlling and his testimony unbelievable, even as he acquitted him Wednesday of charges that he had sex with an underage boy.

Judge Steven L. Price, after a five-day trial without a jury, found Eric James Pepin, 40, not guilty of two counts of second-degree sexual abuse, four counts of third-degree sexual abuse and one count of using a child in a display of sexually explicit conduct.

Also acquitted of third-degree sexual abuse and using a child in a pornographic display was Jamison Dwight Priebe, 21, who has worked for Pepin's Higher Balance Institute since he was 18.

"Everybody has stood by me who knows me," Pepin said Wednesday after hugging supporters. "They had faith in me, prayed for me. I told them I wouldn't let them down. I did nothing of what was alleged. I've been nothing but honorable and impeccable."

However, Price said it was "probable that the conduct alleged in all counts occurred," but he wasn't convinced beyond a reasonable doubt. "There's a lack of strong corroboration," such as a date-stamp on a videotape of the sexual encounter, the judge said.

The accuser testified Pepin had him take off his shirt the first day they met at Pepin's Beaverton home in April 2004.

"He was going to try and fix my energy and he needed me to trust him," the accuser said. Pepin touched the teen's "chakra points" on his heart, head and lower abdomen.

"Eric asked me to tell him everything I had done in my life that I was ashamed about," the teen added.

The accuser said Pepin asked him how old he was the first day they met and that he told him the truth.

"He said students had to be 18 because he didn't like parents fussing around," the accuser said.

But within days the two were having sex, including a three-way encounter with Priebe, the youth testified. Pepin called it "crossing the abyss," the accuser said, "surrendering yourself to your teacher, your master."

Pepin testified he is gay and has had sexual relationships with most of his 11 employees, but not before they were 18. Pepin said he gave his accuser a job, even though the teen was a poor worker, and continued to be intimate with him and give him money after he was fired, to help him out.

Stephen A. Houze, Pepin's private defense attorney, called the accuser a liar more than 100 times in his closing argument and noted that Pepin was "the perfect patsy" because society wants to believe the worst of a gay man. Houze said the accuser brought the charges because he wanted to shake down Pepin.

Pepin's Higher Balance Institute, now on Northwest Saltzman Road in Cedar Mill, reached an annual high of $2 million in Internet sales of meditation CDs, tapes and books before his arrest in July.

Pepin touts himself as a psychic and "remote viewer" who has found lost submarines and missing people, and says he created the "psychic pill" Magneurol6-S that enhances brain function, heals nerve damage, heightens paranormal experiences and relieves stress for $79 a bottle.

Andrew Erwin, deputy district attorney, called Higher Balance nothing more than a sex cult run by a "snake oil" salesman who preys on the troubled.

The accuser had nothing to gain by going to police and turned down $250,000 from Pepin to drop the sex charges, Erwin said.

"I'm disappointed," Erwin said of the verdicts. "The judge wants proof beyond all doubt and that's too high a standard."

And now, Pepin wants to sue QFG and yours truly for talking about these articles, published in a newspaper and scattered across the web (though all of them are no longer on the newspaper's website, wonder what's up with that?)!!

Notice that Pepin, himself, revealed his "sex cult" practices in his own testimony. We'll be trying to get transcripts of the trial to publish so our readers can hear it from the horse's mouth; stay tuned for that.

Notice also that Pepin's attorney, Houze, accused the victim of bringing charges because he wanted to shake down Pepin even though the kid turned down 250 K hush money offered by Pepin. Well, maybe that's what gave Pepin the idea of suing me. Only thing is, he's gonna have a hard time collecting his 4.47 million because I don't own a thing, live in a rented house, drive a used car and QFG rarely has more than a grand in the bank at any given time. When we have fund-raisers, the funds are used almost instantly, repaying loans and covering basic expenses for the site and equipment.

It's also humorous that Pepin is suing QFG which only sponsors a world-wide group of independent researchers who, together, make up sott.net. QFG doesn't own sott, nor does QFG have any employees nor any official oversight of anything that the sott.net researchers say or do.

But the bottom line is this: Eric Pepin is convicted out of his own mouth of being a sexual predator. I mean, what kind of teacher of meditation says that he has sex with all his employees? And all of them young men?

Nope, we aren't backing down. We firmly believe, based on available official documents and court records, that Eric Pepin is a danger to innocent people looking for spiritual guidance. Obviously, young guys just looking for sex and money and a good time will be delighted to take his pills, listen to his tapes and attend his retreats. But the wider public who are not aware of these things in Pepin's background, who are not aware that even the judge who acquitted him regretted having to do so, and that the Prosecutor of the case was also convinced that justice had NOT been done, need to be warned about this sexual predator in our midst.

Maybe Eric Pepin will take Sott.net down, we don't know. We don't have money for an expensive defense attorney, we barely stay afloat. But even if that happens (and we hope our readers will help us out now as never before), there are others who know and I don't think that Eric Pepin and all his minions can track down and silence all of them.

I think it's about free speech but maybe others think otherwise.
I would love to hear what both armchair and expert legal minds think about cases such as this one.

Battlestar Galactica

I can't believe it's been a year and some since I said I would post more on Battlestar Galactica. Since then a really cool book has been published called Cylons in America. It covers much better than I could, everything I wanted to say about the show. The final season is coming up and it will be interesting to see what happens to the rag tag fleet as they search for a home. That home is supposed to be the thirteenth colony of earth. They may find it very Cylon like if they end up in our homeland with its fundamentalist monotheistic and militarist rulers who look like humans but are very machine like in many ways.