Category Archives: Legislation

Defamation Laws v. President Trump

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The El Paso shooter left a 4 page manifesto laying out his political and society position(s) on several topics including the Hispanic invasion. He also addressed fake news and that Trump did not have anything to do with his evil decisions to go on a killing rampage. So, Cloudflare fired one of it’s customers, 8Chan. The shooter’s manifesto was posted on 8Chan. A cyber site known as ZDNet among others reporting the termination of 8Chan had it the subtitle the following: “8Chan has harbored a community of hate” (in part). No argument there.

Okay, yet consider the words ‘harbored a community of hate’. In a review of media and politicians, it is beyond dispute that they too have harbored a community of hate.

Image result for victims of mass shootings

Senator and presidential candidate Kamala Harris often has called President Trump a ‘predator‘.

Senator Cory Booker declared on Meet the Press that Trump is responsible for El Paso shooting.

Mayor Pete Buttigeig along with Elizabeth Warren and Julian Castro and others have said the same thing.  These politicians created the phrase ‘white nationalism’ to describe Trump and Trump supporters.

Bernie Sanders too? Yes.

While being one of the moderators of the Democrat debate, Don Lemon of CNN twice called Trump a racist. Not to be left out is the New York Times and for sure the Washington Post.

So we have yet another ‘community of hate’ and is anyone challenging these politicians or media to look inward and ask if they are complicit is all this?

So, what about defamation laws? Glad you asked. Consider the following:

What is Defamation?

Defamation is a common law tort, governed by state law, in which an individual makes a “publication” of a defamatory statement of and concerning the plaintiff that damages the reputation of the plaintiff. Defamation comes in two forms: slander and libel. Slander involves the oral “publication” of a defamatory remark that is heard by another, which injures the subject’s reputation or character. Libel is the written “publication” of a defamatory remark that has the tendency to injure another’s reputation or character.

What are the elements of a cause of action for defamation?

The elements of a defamation suit; whether slander or libel, are:

1. A defamatory statement;

2. Published to a third party;

3. Which the speaker knew or should have known was false;

4. That causes injury to the subject of the communication

So, just how many are really creating more hate and division and the manifestation of this into the full landscape of domestic tranquility or the that matter even when it comes to global relations between the United States and countries across the world?

Active shooters and deadly ambushes on soft targets where very innocent people die is the result of all this high octane rhetoric by some many. Evil pulled the trigger(s). Evil is a form of mental defect. See something say something? Okay, that does often work when it comes to public safety and nabbing criminals. Great. Yet here is another suggestion for a layered approach. How about the cyber wing of our government, suggesting the NSA create a search algorithm that searches online sites including dark parts of the web like that of 8Chan to flush out evil as spelled out in the El Paso shooter’s manifesto? Google, Facebook and Twitter all created and apply these kinds of software tactics. Suggesting the NRA is to blame is without basis, suggesting Trump is to blame is without basis, suggesting that white nationalism is to blame is without basis.

There is no single cure to this community of hate. There must be a layered approach, so having a cogent summit and plan is suggested. After the Parkland shooting, the Trump White House did host a summit and several approaches were suggested including a state by state Red Flag law system to keep schools safe.

How do you legislate away hate that may turn deadly? You don’t but politicians and media must become introspective in this community of hate.

For more consideration is the recent item published by the LA Times. In part:

For two years, we’ve been studying the life histories of mass shooters in the United States for a project funded by the National Institute of Justice, the research arm of the U.S. Department of Justice. We’ve built a database dating back to 1966 of every mass shooter who shot and killed four or more people in a public place, and every shooting incident at schools, workplaces, and places of worship since 1999. We’ve interviewed incarcerated perpetrators and their families, shooting survivors and first responders. We’ve read media and social media, manifestos, suicide notes, trial transcripts and medical records.

Our goal has been to find new, data-driven pathways for preventing such shootings. Although we haven’t found that mass shooters are all alike, our data do reveal four commonalities among the perpetrators of nearly all the mass shootings we studied.

First, the vast majority of mass shooters in our study experienced early childhood trauma and exposure to violence at a young age. The nature of their exposure included parental suicide, physical or sexual abuse, neglect, domestic violence, and/or severe bullying. The trauma was often a precursor to mental health concerns, including depression, anxiety, thought disorders or suicidality.

Second, practically every mass shooter we studied had reached an identifiable crisis point in the weeks or months leading up to the shooting. They often had become angry and despondent because of a specific grievance. For workplace shooters, a change in job status was frequently the trigger. For shooters in other contexts, relationship rejection or loss often played a role. Such crises were, in many cases, communicated to others through a marked change in behavior, an expression of suicidal thoughts or plans, or specific threats of violence.

Third, most of the shooters had studied the actions of other shooters and sought validation for their motives. People in crisis have always existed. But in the age of 24-hour rolling news and social media, there are scripts to follow that promise notoriety in death. Societal fear and fascination with mass shootings partly drives the motivation to commit them. Hence, as we have seen in the last week, mass shootings tend to come in clusters. They are socially contagious. Perpetrators study other perpetrators and model their acts after previous shootings. Many are radicalized online in their search for validation from others that their will to murder is justified.

Fourth, the shooters all had the means to carry out their plans. Once someone decides life is no longer worth living and that murdering others would be a proper revenge, only means and opportunity stand in the way of another mass shooting. Is an appropriate shooting site accessible? Can the would-be shooter obtain firearms? In 80% of school shootings, perpetrators got their weapons from family members, according to our data. Workplace shooters tended to use handguns they legally owned. Other public shooters were more likely to acquire them illegally. Go here for the full article.

When Russia Helps N Korea Cheat on Sanctions, What to Do

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Primer: Do you wonder what Russia’s votes on the UNSC really do to help North Korea? Do you wonder about the 40,000+ North Korean slave laborers in Russia add to the North Korean economy each year? About $200 million. How about the Russian oil pipeline that goes through North Korea? What about the rail system between the two countries and how that helps North Korea skirt sanctions with illicit goods transportation? Then there is the alleged legitimate navy and fishing fleets between Russia and North Korea. Money? Or the weekly air flight service from Vladivostok to Pyongyang. Or how Russia provides internet service to North Korea in addition to China, known as SatGate and the fiber optic lines that run along the rail system. Check front companies in China, Singapore and the banking system known as Dalcombank or just flying cash twice a week.

Rajin, North Korea Image result for rajin north korea  Image result for rajin north korea

FDD: The Treasury Department on Monday sanctioned a North Korean trading company official for helping Pyongyang evade U.S. and UN sanctions through illicit activity in Vietnam. The designation, which arrived in the brief interval between two North Korean missile tests in less than a week, suggests that Washington understands the importance of investigating and disrupting North Korea’s extensive overseas illicit networks.

Treasury’s latest target is Kim Su Il, who works for a Vietnam-based trading company on behalf of North Korea’s Munitions Industry Department, which the U.S. and UN have both sanctioned. According to Treasury, Kim helped export UN-sanctioned goods such as anthracite coal, titanium ore concentrate, and other raw materials from North Korea to Vietnam. Both anthracite coal and titanium ore are among the top exports that fund the regime’s illicit activities. Treasury also found that Kim Su Il helped charter ships and export Vietnamese products to North Korea, as well as to China and other undisclosed countries.

Kim Su Il’s designation is a reminder that North Korea’s overseas networks continue to thrive despite sanctions. In January, The Wall Street Journalreported that up to six Chinese-owned vessels transported North Korean coal between North Korea and Vietnam throughout 2018. In March 2018, the UN Panel of Experts also found that North Korean coal shipments to Vietnam go as far back as January 2017 – eight months before the UN Security Council’s comprehensive coal ban on North Korea went into effect. This persistent trade affirms Assistant Secretary of the Treasury Marshall Billingslea’s assessment in 2017 that coal “has been the center of North Korea’s revenue generation” for many years.

In March 2019, the same UN Panel of Experts exposed North Korea’s numerous overseas illicit money-making schemes, which employ networks of front companies, North Korean government workers, and local banks. For example, in Malaysia, North Korea’s intelligence agency, the Reconnaissance General Bureau, operated two companies that provided revenue to Pyongyang: the Malaysia-Korea Partners Group and Global Communications.

The UN Panel also found that foreign governments were applying “insufficient scrutiny” on the activities of North Korea’s overseas banking and government representatives, thereby enabling these company networks to thrive. The lax monitoring has ultimately allowed Pyongyang’s representatives to conduct financial transactions across numerous borders. Chinese banks in particular have been key enablers of North Korea’s actions.

Treasury provided robust evidence of this lax oversight last month when it sanctioned the Russian Financial Society (RFS) for helping North Korea evade sanctions. This designation revealed how a U.S.-sanctioned North Korean banking representative in Moscow exploited local financial service providers, specifically RFS, to conduct business for sanctioned North Korean companies. The incident showed that designating only the North Korean nationals working abroad is not enough. Rather, Washington also should target the banks and financial institutions that allow North Korean government officials based overseas to thrive.

Treasury’s next steps therefore should focus on investigating Kim Su Il’s local network of companies, individuals, and banks. Closing these gaps in enforcement is an indispensable step for maximizing the impact of U.S. sanctions on North Korea.

The Other College Tuition Scandal, Give up Custody

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Parents give up legal custody…what? Well, perhaps there is a silver lining in this…no more student loan debt….

Hat tip to ProPublica for great work and continued investigations.

In part:

Parents are giving up legal guardianship of their children during their junior or senior year in high school to someone else — a friend, aunt, cousin or grandparent. The guardianship status then allows the students to declare themselves financially independent of their families so they can qualify for federal, state and university aid, a ProPublica Illinois investigation found.

“It’s a scam,” said Andy Borst, director of undergraduate admissions at the University of Illinois at Urbana-Champaign. “Wealthy families are manipulating the financial aid process to be eligible for financial aid they would not be otherwise eligible for. They are taking away opportunities from families that really need it.”

While ProPublica Illinois uncovered this practice in north suburban Lake County, where almost four dozen such guardianships were filed in the past 18 months, similar petitions have been filed in at least five other counties and the practice may be happening throughout the country. ProPublica Illinois is still investigating.

Borst said he first became suspicious when a high school counselor from an affluent Chicago suburb called him about a year ago to ask why a particular student had been invited to an orientation program for low-income students. Borst checked the student’s financial aid application and saw she had obtained a legal guardian, making her eligible to qualify for financial aid independently.

The University of Illinois has since identified 14 applicants who did the same: three who just completed their freshman year and 11 who plan to enroll this fall, Borst said.

ProPublica Illinois found more than 40 guardianship cases fitting this profile filed between January 2018 and June 2019 in the Chicago suburbs of Lake County alone.

The process starts in the courthouse.

Nearly all the cases identified by ProPublica Illinois were handled by one of two law firms: The Rogers Law Group in Deerfield, which handled most of them, and the Kabbe Law Group in Naperville. The only case filed by a different firm involved the family of Rick Rogers, of the Rogers Law Group.

*** The college consultant is named Lora Georgieva.

Georgieva runs a Lincolnshire-based college consulting company, Destination College, which offers “strategies to lower tuition expenses.” The company’s logo is a graduation cap with dollar bills spilling out of it. In video testimonials, clients praise the company for saving them money.

She is tied to at least several of the families, as well as to Rogers, the attorney, who is also featured in the video.

The description for the company’s “premier” services includes a “College Financial Plan, Using Income and Asset Shifting Strategies to Increase Your Financial and Merit Aid and Lower Out of Pocket Tuition Expenses.”

Read the full summary here.

*** Is this happening in other states? We will soon know, questions are now being asked in Missouri.

Senator Daines vs. Socialism

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Resolution_draft by Fox News on Scribd

In his prepared remarks introducing the resolution, obtained by Fox News, Daines criticized the Green New Deal and “Medicare-for-all” — as well as the increase in partisanship on Capitol Hill. Less than an hour earlier, Senate Majority Leader Mitch McConnell, R-Ky., similarly condemned “hyperventilating hacks” seeking to sow division, rather than make policy.

Daines Stumps For Gorsuch, Spars With Protesters At ...

“We are at a pivotal time in our great nation’s history,” Daines said. “We have shown the world time and time again the genius of American ingenuity and the grit of American determination. However, a radical, socialist, far-left movement is growing across this country. And it has taken root as the new voice of the Democratic Party.”

*** A hat tip to the Senator for his position on America vs. Democrats, Socialism and all things related to the Green New Deal. There is also Medicare for All, free college tuition and even paying criminals to behave.

Does this resolution go far enough? Not really, but it is a start. There should be legislation and eventually law that states socialism is forbidden in the United States. It is wishful thinking however, because our Federal government is slammed full with socialist programs that we can never undo.

All things government healthcare like Obamacare is socialism, Social Security is of course socialism, block grants, community reinvestment act and so many more fit the definition of socialism as do the countless entitlement programs.

You can however begin the challenge on yet another item that you personally pay each month. Have you checked your utility bills lately and looked at all those weird fees? Same thing with your cell phone bill. The cable bill too? Yes.

There is corporate socialism too, bailouts and subsidies…yes…all socialism. This is forced socialism with no oversight. That means no one is accountable, no one measures success, no one measures if the money really goes where it is supposed to go.

Places like Portland, Seattle, Chicago, New York, San Francisco, Los Angeles, Baltimore and other major cities all have a major homeless program where tax money is earmarked to address that crisis. For instance, California voted in March to approve a quarter-cent sales tax increase to help the homeless. It is expected to raise $355 million each year for a ten year period. That said, do California officials and residents really believe the homeless problem will go away in ten years? Really?

As long as Baltimore is in the news, thousands of residents in the inner city get a lead check along with living in Section 8 housing and getting food stamps. What is a lead check you ask?

Well our Congress voted in the 1990’s to create a slush fund to eradicate lead (paint) from homes and buildings constructed before 1977. By now, all that lead should be gone right? Nah..residents in Baltimore and other major cities get a monthly lead check as they choose to live in row houses allegedly still containing peeling lead paint. This whole scam was coordinated by several federal agencies including Housing and Urban Development, the EPA and Health and Human Services.

Socialism is a constant cancer, of which the ends we will never see but we can stop some of it at least by challenging those pesky fees in your power bill, the cable bill or your cell phone bill.

Anyway….hat tip again to the Senator.

 

 

Is the U.S. Prepared for Foreign Interference of 2020 Elections

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The Democrats continue to declare the Russians helped Donald Trump win the presidency and that now President Trump has done nothing to prevent Russian interference of the 2020 elections.

DHS is worried about our elections, and it's asking ...

But we need to look at some real facts.

  1. DHS launched several programs to aid the U.S. security of the nation’s elections systems. Beginning in 2017, a National Infrastructure Protection Plan was launched which began the real partnership with Federal, State and local governments including private sector entities. The sharing of timely and actionable threats, cybersecurity assistance including sensors all at no charge to election officials. Scanning, risk assessment and analysis along with training are all part of the Protection Plan, including conference calls scheduled as needed. What is most interesting is this program was initiated by a Presidential Policy Directive #21 signed by then President Obama in 2013.
  2. As ODNI Dan Coats has tendered his resignation effective in mid-August, many have said he has no accomplishment. This agency is merely an intelligence coordinator of many agencies and is bureaucratic but Coats did create a position that is dedicated to election security efforts and is headed by Shelby Pierson who has a deep resume in intelligence and was a crisis manager for election security in the 2018 elections. He has briefed the House Oversight and Government Reform Committee several times so for any Democrat to declare that the Trump administration has done nothing is false.
  3. DHS has a resource library including a checklist that is available for free for any election officials that can be accessed as new threats or conditions arise. This library includes HTTPS encryption techniques, incident response, ransomware best practices and securing voter registration data. Additionally, email authentication techniques are available, layering credentialed access logins, security baselines, monitoring intrusions and brute force attack attempts are shared with all participating partners.

All of these efforts are positive steps against foreign interference, however fake news and rogue actors are crafty, resourceful and well financed. The United States is not the only country that is a victim of foreign intrusions.

Foreign spy services that are utilizing information operations in order to influence US elections reportedly include —aside from Russia— Israel, Saudi Arabia, the United Arab Emirates, Venezuela and China.

The majority of foreign information operations take place on social-media platforms such as YouTube, Twitter, Instagram and Facebook. But there are also campaigns to influence more traditional American media, for instance by tricking newspapers into publishing letters to the editor that are in fact authored by foreign intelligence operatives. Analysts from FireEye, Graphika and other cybersecurity and network-analysis firms told The Postthat some information operations are difficult to detect, because the presence of a state security service is not always apparent. However, the messages that are communicated in tweets, Facebook postings, online videos, etc., tend to echo —often word for word— the rhetoric of foreign governments, and promote their geopolitical objectives. As can be expected, these objectives vary. Thus, Russian, Israeli and Saudi information operations tend to express strong political support for US President Donald Trump, arguably because these governments see his potential re-election as a development that would further their national interest. In contrast, Iranian information operations tend to lambast Trump for his negative stance on the Iranian nuclear deal and for his support for Saudi Arabia’s intervention in the Yemeni Civil War.

Stanley McChrystal has called for a nonpartisan, non-governmental Fair Digital Election Commission to protect the integrity of our elections by detecting, exposing, evaluating and remediating the impact of disinformation. Well we already have one where non-government cyber experts are collaborating with government officials and issuing attributions to the cyber actors as well as recommendations.

Fake news and false news influence voter’s attitudes. So one must ask where in Silicon Valley and the tech giants? We already know that Instagram, Facebook, Google, YouTube and Twitter are censoring so voters must be diligent in research and cautious themselves regarding the spread of fake news and validating stories beyond just reading the headlines.

Last year, 2018:

A new study by three MIT scholars has found that false news spreads more rapidly on the social network Twitter than real news does — and by a substantial margin.

“We found that falsehood diffuses significantly farther, faster, deeper, and more broadly than the truth, in all categories of information, and in many cases by an order of magnitude,” says Sinan Aral, a professor at the MIT Sloan School of Management and co-author of a new paper detailing the findings.

“These findings shed new light on fundamental aspects of our online communication ecosystem,” says Deb Roy, an associate professor of media arts and sciences at the MIT Media Lab and director of the Media Lab’s Laboratory for Social Machines (LSM), who is also a co-author of the study. Roy adds that the researchers were “somewhere between surprised and stunned” at the different trajectories of true and false news on Twitter.

Moreover, the scholars found, the spread of false information is essentially not due to bots that are programmed to disseminate inaccurate stories. Instead, false news speeds faster around Twitter due to people retweeting inaccurate news items.

“When we removed all of the bots in our dataset, [the] differences between the spread of false and true news stood,”says Soroush Vosoughi, a co-author of the new paper and a postdoc at LSM whose PhD research helped give rise to the current study.

The study provides a variety of ways of quantifying this phenomenon: For instance,  false news stories are 70 percent more likely to be retweeted than true stories are. It also takes true stories about six times as long to reach 1,500 people as it does for false stories to reach the same number of people. When it comes to Twitter’s “cascades,” or unbroken retweet chains, falsehoods reach a cascade depth of 10 about 20 times faster than facts. And falsehoods are retweeted by unique users more broadly than true statements at every depth of cascade.

The paper, “The Spread of True and False News Online,” is published today in Science.