Wednesday, November 11, 2009

Not bad - 12 hours $9 million!

Hackers Indicted in Widespread ATM Heist
By SIOBHAN GORMAN and EVAN PEREZ
November 11, 2009
WASHINGTON -- The U.S. Justice Department indicted eight Russian and Eastern European computer hackers, alleging they were part of a crime ring that allegedly broke into ATMs in hundreds of cities world-wide and stole $9 million in a matter of hours.

Prosecutors in Atlanta announced indictments Tuesday in a scheme that is among the most brazen and damaging electronic-bank heists disclosed to date. One of the men accused was arrested and is awaiting extradition from Estonia. The others are thought to be at large.

The alleged hackers cracked a computer system at RBS WorldPay Inc., the U.S. payment processing division of Royal Bank of Scotland Group PLC, and cloned prepaid ATM cards, which thieves then used to withdraw cash from 2,100 ATMs from 280 cities around the world, including in the U.S. The synchronized operation, which began November 8, 2008, took no more than 12 hours.

The RBS case is part of a boom in online theft from financial institutions. "More money is stolen electronically or [in] data breaches than through bank robberies," Shawn Henry, assistant Director of the Federal Bureau of Investigation's Cyber Division, said in an interview.

The alleged hackers targeted payroll debit cards that companies issue employees for withdrawing their salaries. Once the hackers entered the systems, they boosted the maximum allowed withdrawal and then tried to destroy data on the systems to cover up the break-in, prosecutors alleged.
Bloomberg

The most serious charges in the 16-count grand jury indictment were against four conspirators and ranged from wire fraud to aggravated identity theft. Others faced lesser charges. RBS ensured that its customers were reimbursed for stolen funds.

The losses could have been much greater had the hacker ring been able to assemble a larger network of accomplices, Mr. Henry said. "The size of the human network was a limiting factor, [because] some of the ATMs ran out of money," Mr. Henry said.

The RBS hackers are one of two major cyber gangs law enforcement officials have targeted in recent years for wreaking havoc on U.S. financial companies. The second is the group responsible for online attacks on TJX Cos., Heartland Payment Systems Inc., and others. That gang's ringleader, U.S. citizen Albert Gonzalez, was indicted in August along with his conspirators.

Security sleuths say the RBS gang was considerably more sophisticated than Mr. Gonzalez's crew. "This investigation has broken the back of one of the most sophisticated computer hacking rings in the world," said Acting U.S. Attorney Sally Quillian Yates of the Northern District of Georgia.

A class-action lawsuit against RBS WorldPay is pending in the same district, alleging the company failed to adequately protect customer data.

One alleged leader of the gang is Viktor Pleshchuk, 28, of St. Petersburg, Russia, who manipulated the data and managed the hackers' use of the RBS WorldPay computer network with the help of several others, according to the indictment. He developed a method used to reverse-engineer personal identification numbers from encrypted data on the network of RBS WorldPay, the indictment said.

Another of the key conspirators, Sergei Tsurikov, 25 years old, of Tallinn, Estonia, was responsible for conducting reconnaissance on the RBS WorldPay system and supported other hacking activities, according to the indictment. He shared information with Mr. Pleshchuk.

Mr. Tsurikov is awaiting extradition to the U.S. from Estonia. In a new arrangement between the U.S. and Estonia, he would be the first cybercriminal to be extradited from Eastern Europe, which has become a haven for the cyber underground.

The RBS caper also relied on one of the U.S. Secret Service's most-wanted criminals, Oleg Covelin, 28, of Chisinau, Moldova, according to the indictment. Mr. Covelin distributed the account information to others to withdraw money from ATMs. Lawyers for the three men couldn't be located.

Preparations for the heist began on November 4 when the four key players broke into RBS WorldPay's computer network from a location outside the U.S., according to the indictment.

The thieves distributed approximately 44 prepaid payroll card numbers and their personal identification numbers to their network of "cashers."

On November 8, 2008, the thieves signaled the network of cashers to begin withdrawing money. Over the next 12 hours, more than $9 million disappeared from accounts in 280 cities from Atlanta to Hong Kong.

The cashers were allowed to keep up to half the cash they stole and sent the rest back to the ringleaders, according to the indictment.

RBS WorldPay detected the breach on November 10 and disclosed it publicly on December 23, acknowledging that the data of 1.5 million cardholders was compromised. The company also said at the time that 1.1 million social security numbers may have been compromised, although the indictment makes no mention of that.

"RBS WorldPay has been and will continue to cooperate with the law enforcement agencies involved with the investigation," the company said Tuesday in a statement.

The Justice Department launched an investigation, working with authorities in countries from Estonia to Hong Kong. Mr. Henry, the FBI official, commended RBS for its cooperation. Companies sometimes delay providing information in breach probes, fearing lost customers.

Mr. Henry declined to describe how the alleged hacking ring was organized. But he said that, generally, some rings become virtual organized-crime groups. "They share expertise and techniques, though they might be located multiple countries and have never met each other," he said.
Write to Siobhan Gorman at siobhan.gorman@wsj.com and Evan Perez at evan.perez@wsj.com

Strangely ironic!

Good Day Readers:
Being from the pre-video game era something struck us as strangely ironic while reading this article. One generation solemnly attending Rememberance Day ceremonies the other at home playing Modern Warefare 2. We also questioned the timing of its release date and couldn't help but wonder how many Veterans play these games?
Sincerely,
Clare L. Pieuk
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Eager fans greet "Call of Duty" launch
Wednesday, November 11, 2009
Gabriel Madway and Robert MacMillan
SAN FRANCISCO/NEW YORK (Reuters) - Activision Blizzard Inc's hugely anticipated "Call of Duty: Modern Warfare 2" video game went on sale on Tuesday, welcomed by eager fans who lined up hours in advance of the release.

The first-person shooter game is set to be one of the biggest and fastest-selling titles in history, challenging records set by blockbuster releases from the "Grand Theft Auto" series.

This despite a dicey economic climate that is pinching consumer spending. Video game industry revenue in the United States, the world's largest market, is down 13 percent this year, according to industry tracker NPD.

But Call of Duty arrives amid high expectations and plenty of hype. Activision partnered with retailers including GameStop Corp and Best Buy Co for more than 10,000 midnight store openings in North America.

At the GameStop store near Union Square in New York City, around 80 mainly young people lined up Monday night ahead of the launch, some for two hours.

"This is the only game I'm probably going to do this for," said Paola Altamirano, 21, who was waiting in the line. She said she planned to play Call of Duty against another friend online later that night.

With what Activision called a record level of preorders, there was little doubt about the strong demand for a game.

"Gamers are enthusiastic about picking this stuff up at midnight," said Paul Swiderski, who works at the Union Square GameStop.

Analysts' sales estimates for the $60 game range from 11 million to 13 million units by the end of 2009. Call of Duty is likely to account for a sizable chunk of Activision's profits in the fourth quarter, analysts say, so there is plenty at stake in the launch.

Reviews of the game so far have been very strong. Website Metacritic.com, which aggregates reviews, gave it a rating of 96 out of 100, the highest among recent and upcoming releases.

HARD-CORE AUDIENCE

The audience for the latest Call of Duty -- the sixth installment in the franchise -- is primarily younger men, the gaming demographic that makes up the core of the estimated $50 billion global industry.

John Paneto, 20, was lined up outside a Best Buy store in San Francisco with about 10 others at around 10 p.m. Pacific Standard Time Monday (0600 GMT Tuesday). He said he had played a number of the other games in the Call of Duty franchise.

"I'm going to be up all night playing it, until I crash," he said.

Analysts say so-called hard-core gamers are unlikely to be dissuaded from buying a big-name title by economic concerns, as some casual gamers are.

Activision Chief Executive Bobby Kotick said consumers are drawn into the game's narrative and visual effects, not just the chance to shoot at enemies.

"You really do get a very visceral sense of what it's like to be in battle from playing this game," he said in an interview with Reuters Television. "That's what the broad audiences are responding to -- rather than going to a typical action movie, this is like being in an action movie."

Call of Duty will have to turn in an impressive performance to top that of last year's mega-hit from Take-Two Interactive Software Inc, "Grand Theft Auto IV." The title sold 3.6 million units on the first day and 6 million in its first week, for more than $500 million in sales.

Record or no, Call of Duty's launch injects much-needed excitement to the industry and its retailers, according to BMO Capital Markets analyst Ed Williams.

"What makes this so important right now for the category is that it gets bodies back into the stores to go and buy the game and it should lead to what is a positive (sales) comparison in November and help to contribute to what could be a slight positive comparison in December," he told Reuters Television.

The game is facing little competition from other big-name titles. Industry watchers say Activision's rivals either pushed up the dates of their key releases or decided to delay them into next year.

Santa Monica, California-based Activision's stock, up more than 30 percent this year, slipped 12 cents, or 1 percent, to close at $11.42 on the Nasdaq.

(Additional reporting by Franklin Paul in New York; Editing by Gerald E. McCormick, Tim Dobbyn and Steve Orlofsky)

Is Elections Canada stuck in the dark age?

Twitter, Internet undermine Canada election rules
Tuesday, November 10, 2009
By David Ljunggren
OTTAWA (Reuters) - Twitter 1, Elections Canada 0.
In this era of smartphones and the Internet, the federal elections agency is struggling to enforce a rule that bans the general broadcasting of voting results until all the polls have closed.

As Canadians in four electoral districts spread right across the giant country cast ballots on Monday to fill vacant seats in the House of Commons, Elections Canada asked a newspaper to remove from its website a story revealing initial results from one constituency where voting had ended early.

The agency did not notice reporters had been discussing the same by-election results on the microblogging network Twitter, which is accessible across Canada.

One journalist even sent a Twitter message saying "Oh dear. Have just realized I may have been violating law because of my poor understanding of Twitter". Elections Canada did nothing.

It is little wonder that critics use terms like absurd and archaic to describe a provision that, in large part, comes from an era before the Internet was born.

The rule -- part of the Canada Elections Act -- aims to prevent abuses in the world's second largest country. Canada has six time zones, which means results from the East start to come in while polls are still open in the rest of the country.

To head off the chance that the majority could somehow be influenced by early voting, media organizations are banned from nationally broadcasting any results until the last polling station has closed.

That said, television and radio stations can broadcast regional results as long as the signal is contained within that region. But this fails to take into account that a voter out West with the right kind of satellite dish can access an eastern station broadcasting results.

And of course, posting data on the Internet is easy.

It is no surprise therefore that the rule has failed to prevent a string of breaches, some deliberate and some accidental, in federal elections over the last decade.

"Elections Canada is still stuck in this dark age, they're trying to be Big Brother," said Peter Coleman, president of the National Citizens Coalition, a right-leaning lobby group advocating the end of the restriction.

"Technology has changed so much that they can't stop this stuff from going on anyway ... I think it's an archaic law and it should just disappear," he told Reuters on Tuesday.

Only one person has ever been prosecuted and he took his case all the way to the Supreme Court before losing in 2007. The judges said "maintaining public confidence in the electoral system requires some method of restraining publication of election results until most or all Canadians have voted".

Although Elections Canada now staggers voting times, results from the 32 parliamentary constituencies -- known as ridings -- in the four easternmost provinces start rolling in around 90 minutes before polls close in the rest of Canada.

"I'm not convinced millions of Canadians will rush out and switch how they're going to vote based on how the 32 ridings in Atlantic Canada voted," said Chris Waddell, a journalism professor at Ottawa's Carleton University.

"The law has been unenforceable for quite a while and as time goes by it gets more and more unenforceable."

As part of the Supreme Court challenge, the relevant part of the law was suspended for the June 2004 federal election, when radio and TV stations could broadcast results as soon as they started coming in.

"We ran an election when the rule wasn't in place and the world didn't fall apart," said Waddell.

An Elections Canada spokesman declined to say whether the law still made sense. The agency reports to Parliament through the office of Jay Hill, who directs the government's day to day business in the legislature.

Hill's office referred inquiries to Steven Fletcher, the junior minister for democratic reform. Fletcher's office declined to comment.

(Reporting by David Ljunggren; editing by Rob Wilson)

Tuesday, November 10, 2009

Is your iPhone next?

iPhone's first worm: half prank, half warning
Andy Greenberg, Forbes
Published: Tuesday, November 10, 2009 The iphone worm switched the user's operating system wallpaper to Astley's face, along with a message: "ikee is never gonna give you up." (Getty Images)
The first real-world iPhone cyber-attack has shown its face. And that face belongs to 1980s pop star Rick Astley.
Over the weekend, researchers at cybersecurity firms Sophos and F-Secure detected the world's first active iPhone worm, spreading among Apple smart phone users in Australia. Only users who have "jailbroken" their phones -- altered them to run applications not authorized by Apple -- are vulnerable, and among those, only those who failed to change their default password for a secure shell (SSH) application that allows file transfers between smart phones.

Say "yes" to Nancy Pelosi bobbleheads!


Apple bans Nancy Pelosi bobble head
A Mad magazine cartoonist's guide to the 111th Congress runs afoul of Cupertino's censors
Posted by Philip Elmer-DeWitt
November 10, 2009

Illustrations: Tom Richmond
Someone at Apple (AAPL) needs to take a refresher course in American history — and maybe a lesson in libel law.

Last summer Tom Richmond, one of Mad Magazine's top illustrators and two-time winner of the National Caricaturist Network's "Caricaturist of the Year" award, began drawing a likeness of every Senator and Representative in the 111th Congress — 540 caricatures in all, including non-voting members from Puerto Rico, Guam, etc.

The idea, he explains, was to create an illustrated database for the iPhone and iPod touch that would allow users to find the name, party affiliation, phone number and website of their senators and congresspeople via zipcode or GPS. Each head was placed on one of 12 cartoon bodies and would bobble when shaken or flicked with a finger.

The project was the idea of Ray Griggs, director of the movie Super Capers (rated PG for mild language, rude humor and brief smoking), for which Richmond did the art. Griggs had shown the finished to app around and stirred up some interest. He was booked to appear as a guest on Fox News next week with Glenn Beck and Mike Huckabee.

You can probably guess what's coming next.

Dear Mr. Griggs,

Thank you for submitting Bobble Rep – 111th Congress Edition to the App Store. We’ve reviewed Bobble Rep – 111th Congress Edition and determined that we cannot post this version of your iPhone application to the App Store because it contains content that ridicules public figures and is in violation of Section 3.3.14 from the iPhone Developer Program License Agreement which states:

“Applications may be rejected if they contain content or materials of any kind (text, graphics, images, photographs, sounds, etc.) that in Apple’s reasonable judgment may be found objectionable, for example, materials that may be considered obscene, pornographic, or defamatory.”

A screenshot of this issue has been attached for your reference.

If you believe that you can make the necessary changes so that Bobble Rep – 111th Congress Edition does not violate the iPhone Developer Program License Agreement, we encourage you to do so and resubmit it for review.

Regards,
iPhone Developer Program

What someone at the iPhone Developer Program doesn't seem to seem to understand — not to get too Glenn Beck about it — is that ridiculing public figures by caricature is one of those rights honored in American history and enshrined in the Constitution.

"The really sad part," writes Richmond, "is that here is an app that might get people interested in who represents them in Washington, especially kids and young adults, and connects people to their senators and representatives via fun and PARTISAN FREE way.

"Please spread the word how stupid this rejection is. Apple of course does not care what its customers think … they consider us morons at best anyway, but it’s worth a laugh and a shake of your head."

Are you listening Phil Schiller?
Editors Note: Phil Schiller is the Senior Vice-President Worldwide Production Marketing at Apple Incorporated.

"Pssst - want to buy a watch really cheap?"

Many of Bernie Madoff's victims world lile to have a piece of the felonious fancier. Now they can. This week hundereds of his and ruth's posessions go up for auction.
Rolex
Estimate: $75,000 - $87,500

The man had a thing for watches. He owned dozens of them -- at least before he started doing time.

Ironically, this vintage Rolex "Monoblocco" chronograph wristwatch is called a "Prisoner Watch." The owner of the Rolex brand, Hans Wilsdorf, tried to boost morale of British POWs during World War II by selling them these watches on credit. The prisoners could pay for them after the war was over.

Our sports"lady" of the week!

One stop shopping coming to a Manitoba Liquor Mart near you anytime soon?

Medical marijuana vs. liquor licence feud continues
Jordana Huber, Canwest News Service
Tuesday, November 10, 2009
Ontario restaurant owner Ted Kindos is looking for a declaration from the Federal Court that people with a permit to smoke medicinal marijuana cannot do so in a licensed establishment. (Chris Jackson/Getty Images)

TORONTO -- The Federal Court has declined to throw out the case of an Ontario restaurant owner who wants one of his former patrons stripped of his right to smoke medical marijuana.

Ted Kindos, owner of Gator Ted's Tap and Grill in Burlington, Ont., is seeking a declaration from the Federal Court that people with a permit to smoke medicinal marijuana cannot do so in a public place or any licensed establishment.

He also wants the court to order Health Canada not to renew the permit of his former patron, Steve Gibson, arguing Mr. Gibson has not been in compliance with its terms of use.

Federal government lawyers sought to dismiss the case, arguing there is no dispute that requires adjudication because Health Canada does not purport to authorize permit holders to smoke marijuana in violation of any applicable law or in an establishment subject to Ontario's liquor licensing laws.

In his decision released Monday afternoon, Federal Court Prothonotary Kevin Aalto said Gator Ted's is "caught in a conundrum" between Ottawa's medical marijuana regulations and its obligations under the regulations of the Liquor License Act of Ontario.

The restaurant "ought to have its day in this court," the decision said.

A prothonotary performs some of the same functions as a judge in the Federal Court.

Mr. Kindos is facing a human-rights complaint for asking Mr. Gibson not to light up outside his business. Mr. Gibson contends in his human rights complaint that he's being discriminated against because he has a disability.

Mr. Kindos argues he could lose his liquor licence if he allows Mr. Gibson to smoke or hold the controlled substance in or out front of his restaurant.

Where an authorized permit holder uses marijuana is not governed by federal regulations but Ottawa is considering whether it should be.

Health Canada said it is looking at developing options that would "clarify and limit" where permit holders could smoke.

Christmas gift ideas for the rich and stupid!

Good Day Readers:

Each year Dallas-based luxury retailer Neiman Marcus brings out its "Christmas Book" which includes a handfull of over-the-top holiday gifts.

There are nine candidates in the 2009 list ranging from a "mere" $7,500 for A distillers Experence to a "modest" $105,000 for a 2010 XJL Supercharged Jaguar to the "expensive" $250,000 ICON A5 Sports Aircraft and Pilot Training For Two. Our favorite? The $25,000 Customized Cupcake Car: This cherry confection is like a delicious-looking go-kart. Coast down the road in style at a top speed of 7 miles/hour in a Cupcake Car that comes in different-coloured "flavours," as well as your choice of decorations like sprinkles and icing. And yes, it comes with a matching hat.

By Julianne Pepitone, CNNMoney.com staff reporter

Sincerely,
Clare L. Pieuk

Friendly Manitoba!

Good Day Folks:

When we heard about the controversy in South Carolina couldn't help but think of Manitoba's plates with the emerald trees and New Hampshire's "Live Free Or Die."





Sincerely,
Clare L. Pieuk
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US judge bans Christian car plate
A US judge has ordered South Carolina not to issue a vehicle number plate with a Christian image and slogan. South Carolina plate was similar to the one rejected for use in Florida

The state legislature had approved a licence plate with a cross in front of a stained glass window and the words "I Believe" written along the top.

District Judge Cameron Currie said that the plate violated the First Amendment, which enshrines the separation of church and state.

A similar bid by a group in Florida last year did not pass state lawmakers.

'Unconstitutional'

The case was brought by Americans United, which backs the separation of church and state, on behalf of several individuals and Hindu and American-Arab groups.

It began after Lieutenant Governor Andre Bauer helped pass legislation allowing the number plate in early 2008.

Describing it as a "freedom of speech issue," he argued that given the state already permitted 103 speciality vehicle plates it was "ridiculous" that there was not one for Christians.

According to local media reports, several hundred people had registered to buy the plate.

But Judge Currie ruled that the law amounted to state endorsement of a particular religion.

And she hit out at Mr Bauer, saying: "Whether motivated by sincerely-held Christian beliefs or an effort to purchase political capital with religious coin, the result is the same.

"The statute is clearly unconstitutional and defence of its implementation has embroiled the state in unnecessary (and expensive) litigation."

Now they finally tell us!

Curvy women may be a clever bet
Women with curvy figures are likely to be brighter than waif-like counterparts and may well produce more intelligent offspring, a US study suggests.
Nigella Lawson: Curvy figure and an Oxford degree
Researchers studied 16,000 women and girls and found the more voluptuous performed better on cognitive tests - as did their children.

The bigger the difference between a woman's waist and hips the better.

Researchers writing in Evolution and Human Behaviour speculated this was to do with fatty acids found on the hips.
In this area, the fat is likely to be the much touted Omega-3, which could improve the woman's own mental abilities as well as those of her child during pregnancy.

Men respond to the double enticement of both an intelligent partner and an intelligent child, the researchers at the Universities of Pittsburgh and California said.

The findings appear to be borne out in the educational attainments of at least one of the UK's most famous curvaceous women, Nigella Lawson, who graduated from Oxford.

But experts are not convinced by the findings.

"On the fatty deposits being related to intelligence front, it's very hard to detangle that from other factors, such as social class, for instance, or diet," said Martin Tovee of Newcastle University.

"And much as we logically like the idea that men are interested in the waist to hip ratio, it actually features relatively low down the list of feature males look for in a potential partner."

The rise of professional tweeters!

LinkedIn and Twitter link up
Tuesday November 10, 2009
SAN FRANCISCO (Reuters) - LinkedIn and Twitter have linked up. Starting immediately, users of LinkedIn and Twitter can cross-file to each other's services, by checking a box on either Twitter or LinkedIn.

LinkedIn is the largest professional social network, with 50 million members around the world who post information about themselves, such as resumes, to help find jobs or employees, and to stay in touch with each other.

Twitter allows people to broadcast short messages up to 140 characters to subscribers, who are called "followers."

LinkedIn also has an update box, which happens to be 140 characters.

Allen Blue, a co-founder of Twitter who is its vice president of product strategy, said LinkedIn members would be able to automatically post recent Tweets if they wanted.

Blue said users will have the option of sending only selected materials to Twitter.

He said that in addition to the obvious advantage of increasing the audience for either tweets or LinkedIn information there were two other advantages to the new system.

Twitter "wants to take advantage of the strong identity in LinkedIn to make those professional tweeters more successful." While anyone may sign up for a Twitter account without revealing their real identity, LinkedIn is based on the social networking idea that people put their identities on the Web.

Second, LinkedIn users who cross-post will be speaking both to their followers and to the broader Twitter audience that searches for tweets by keywords, location, user and the most current, Blue said.
Both companies are privately held.

(Reporting by David Lawsky; editing by Carol Bishopric)

The $8,337 bottle of beer now on sale!

Hindenburg airship beer auctioned
A blackened bottle of beer found in the wreck of the Hindenburg zeppelin is expected to fetch thousands of pounds at auction.
The bottle of beer is one of six that survived the Hindenburg crash.

The bottle was found by a fire-fighter cleaning up the American airfield where the German airship exploded in 1937.

The bottle will be the most expensive ever bought if it meets its estimated price of £5,000 ($8,337) on Saturday.

The airship was engulfed by flames as it landed in New Jersey, killing 38 people and injuring 60.

Secret Find

New Jersey firefighter Leroy Smith found six bottles of Lowenbrau beer and a pitcher intact on the scene of the crash.

"You wouldn't want to drink it - it is probably quite putrid to taste"... Andrew Aldridge Auctioneer
He buried his secret find so he could collect them later, as the area had been sealed off by the authorities.

Mr Smith gave the other five bottles to his colleagues.

Most of the others are now lost, although one was given to the Lowenbrau company after the death of Mr Smith's friend.

The silver-plated pitcher, which bears the logo of the Deutsche Zeppelin Reederei, the zeppelin airline company, is expected to reach £12,000 ($20,000).

Evaporated

The bottle and jug were passed on by Mr Smith to his niece in 1966 and are now to be put on sale by auctioneers Henry Aldridge and Son.
The Hindenburg disaster was captured on film
The beer would have gone off within a year of being bottled.

"You wouldn't want to drink it - it is probably quite putrid to taste," auctioneer Andrew Aldridge said.

Some of the liquid has evaporated from the bottle and the label is burned, but the logo is still visible.

The previous record price for a bottle of beer was a limited edition sale of a Carlsberg lager which cost £240 ($400).

The flammable hydrogen that kept the giant zeppelin in the air exploded as the ship came in to land on a voyage across the Atlantic from Frankfurt.

The precise cause of the fire is not known, but it is thought that friction in the mooring ropes could have been responsible.

Photograph of the day!


Twenty-one-year-old Joe Cada shows off just some of his $8.5 million (5 million pounds) prize after winning the 2009 World Series of Poker Championships in Las Vegas.

More "Brave New World!"


"Google the digital vampire!"

Rupert Murdoch: No fan of Google. The News Corp. chief says he will likely tell Google's spiders buzz off.
Rupert Murdoch: Get lost, Google
News Corp. CEO Rupert Murdoch said he would consider blocking Google spiders from indexing his companies' content.

By Andrew Heining
November 10, 2009
The long summer hasn’t done anything for Rupert Murdoch’s mood toward Google.

His Dow Jones CEO called the search giant a “digital vampire” in June, and Murdoch himself didn’t do anything to calm the waters Friday, using an interview with Sky News Australia to affirm murmurings that his company would begin shielding its sites from Google’s indexing.

News Corp. is a huge media conglomerate – is Google scared? Notsomuch. The company seems more concerned with which Sesame Street character to feature on its homepage. Google has long made it clear that all it takes is a few simple edits to the “robots.txt” file, and the spiders from Mountain View will scurry on down the road.

In a statement, a Google spokesperson said Google News consistently sends news sites about 100,000 clicks a minute, but that no one’s forced to be indexed. “Publishers put their content on the web because they want it to be found, so very few choose not to include their material in Google News and web search,” the statement said. “But if they tell us not to include it, we don’t.”

Why wouldn’t News Corp. or anyone want a piece of the Google pie? The thinking, Murdoch says, is in quality of visitor. “What’s the point of having someone come occasionally who likes a headline they see in Google,” Murdoch asked. “The fact is there isn’t enough advertising in the world to go around to make all the Web sites profitable. We’d rather have fewer people coming to our Web sites but paying.”

Many have ridiculed Murdoch’s proposition, and despite the Wall Street Journal’s persistence with its paywall, others, including the New York Times, have abandoned the pay model.

One media mogul who shares Murdoch’s view? Mark Cuban. The HDNet exec, in a Monday blog post, touted the growing influence that sites like Facebook and Twitter are having on how people get their news. The two sites “are platforms that allow the news sources, like Newscorp, to post breaking news and gain value from their brand. Google does not. In other words, if I trust a newspaper, TV or any brand, I can follow it on Twitter and expect the news to come to me,” Cuban writes. “Having to search for and find news in search engines is so 2008,” he concludes.

Sure, Portage and Main Street Winnipeg during January!

OMG - The sex tapes!

It's kryptonite!

The Public Eye has left a new comment on your post, Donald Schade: "Can you hear me now Murray Trachtenberg?"

Oh, and as to what he's holding . . . . I wouldn't be doing my bit to encourage intellectual inquiry if I gave away all the answers, now would I?

Anyone with even five minutes' familiarity with "Superman" should know exactly what he's holding and why. Hint: He's not decorating a Christmas tree.

----------------------------------------------------------------------------------

Truth To Power
(www.accesstoinfo.blogspot.com; vicpopuli1@gmail.com)

Dear Mr. Populi:

Thank you very much for the hint which allowed us to eliminate Christmas tree decorations. After exhaustive research we were able to prove beyond a shadow of a doubt it's kryptonite! We offer the proof.



Sincerely,
Clare L. Pieuk

It's superman supervillain Lex Luthor everybody!

The Public Eye has left a new comment on your post, Donald Schade: "Can you hear me now Murray Trachtenberg?"

The actor, of course, is Kevin Spacey; the character he is playing is none other than . . . Superman supervillain Lex Luthor.

The unflattering portrait of Murray Trachtenberg that is presented in Mr. Schade's emails should make it easy to see why I chose Lex Luthor as the image for this post. In the "Superman" canon, Lex Luthor is a planner, a schemer, a mastermind, whose motives are always ulterior and below the surface. Suffice it to say, Mr. Schade apparently believes that Mr. Trachtenberg - seemingly from the start - harboured motives in his case that went beyond simple, goodfaith legal representation. If we take Mr. Schade's allegations and characterizations at face value, the use of Lex Luthor as a metaphorical image becomes easily understandable.

I invite readers to consult Mr. Schade's emails for themselves (the important ones are now in their entirety reprinted on my blog "Truth to Power", www.accesstoinfo.blogspot.com) and draw their own conclusions.
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Dear Public Eye:
Thank you very much for writing. For those new to our site and not familiar with the situation perhaps a little explanation is in order. The Public Eye (vicpopuli1@gmail.com) is a practicing Canadian lawyer operating the highly popular and unique Blog Truth To Power (www.accesstoinfo.blogspot.com) which frequently publishing sometimes hard to find disciplinary hearings from Law Societies.
One case TPE has been following is that of Donald Schade (Calgary) who retained Manitoba Metis Federation solicitor Murray Trachtenberg to assist in the sale of his late parents' Winnipeg home.
As previously noted, we reviewed the file at Queen's Bench Registry describing it as a very complicated mess involving mulitple lawyers, a Public Trustee, as well as, other family members. At some point, rightly or wrongly, Mr. Schade became what could best be described as highly dissatisfied with the services being provided by Counselor Trachtenberg. What then followed were a series of critical, vitriolic, accusatory letters so much so we wondered why Mr. Trachtenberg had not sued his client for defamation on of his areas of expertise.
The other day Mr. Populi published one such letter and, as is his custom, accompanied it with a metaphorical image leaving readers to make the connection something at which we're not very good. This was the only clue so we asked for help - who is it and what's he holding?
We now have irrefutable proof - it's none other than superman supervillain Lex Luthor but what's he holding anyone know?
"I'd hate for you to miss what comes next ....."
Sincerely,
Clare L. Pieuk

Monday, November 09, 2009

Poppies!

Q & A
The man behind Canada's poppy pins
Peter Underhill, Director of Supply with the Royal Canadian Legion dominion command in Ottawa. (Brigitte Bouvier for The Globe and Mail)
Every year millions of poppies are distributed to Canadians. The Globe talks with Peter Underhill, who is responsible for its supply

Stuart Paterson
Monday, November 9, 2009

The poppy has been a symbol of remembrance in Canada since the early 1920s, derived from Lieutenant-Colonel John McCrae's poem, In Flanders Fields. In Canada, the poppy lapel pins were assembled by disabled veterans in so-called Vetcraft workshops, under the supervision of Veterans Affairs Canada. This continued until 1996, when increasing demand and a decreasing membership made it necessary to contract out the job to a private company. Peter Underhill, director of supply for the Royal Canadian Legion's Dominion Command, answered questions about the poppy campaign.

How many poppies are produced a year?

In a typical year, there are 16 to 18 million poppies distributed by us. It's a very consistent number.

Have you ever considered other poppy designs?

We've actually kicked around and experimented with alternative materials. The dilemma is anything that breaks down can actually make a mess of clothing. … You put the poppy down on a white piece of paper and put a drop of water on it, and look back half an hour later and the paper's turned red.

What's your best recommendation for how to keep a poppy in the fabric?

Weave it in and out of the fabric. I'm talking about an eighth of an inch at a time and it won't move.

Have you ever experimented with poppies that would clip on to clothing?

We have, but the dilemma is the poppies are provided at pennies and you start looking at alternative clutch backings and things that [cost] 12 or 15 cents. … What we're trying to do is make the poppy as inexpensive as possible. … The poppy funds are used in support of veterans and in support of remembrance, they're not used for any form of administration, or rent, or hydro bills, or salaries.

How are the poppies assembled now?

Assembly is still manually done, principally by employees of [a company called] Dominion Regalia. Although, if a veteran wishes to participate, poppies are made available for them to assemble.

Are machines used too?

The machines are used to press the poppies, to form them. Moulds are used. They're heated and the flocking material is formed into shape, and then there's a separate machine, that's a dye-cut machine, that actually cuts out the shape of the poppy.

Did you notice a spike in poppy sales once the war in Afghanistan began?

I would say it has remained relatively consistent. If you've attended a remembrance ceremony, you will see the way the public stands up and applauds their veterans, how strongly Canadians feel for their veterans community.

How are the funds from the campaign used?

We have a poppy trust fund here at Dominion Command, as do all provincial commands, so we use that for sponsorship for the national remembrance program and the national poster and literary contest. [They are] used to support veterans' spouses, children, and now poppy funds are available for use to existing military personnel and their families.

Is there anything about the campaign that you think the public may not know?

Only that we really need members to join the Royal Canadian Legion. There's a public perception out there that we're government-funded. We're funded through membership dues, and that's why we need members. Even though the trademark of the poppy is controlled here, at Dominion Command, we view ourselves as caretakers of the poppy.

Today's cartoon!

Tagged and busted!

Social networking site Tagged fined, must overhaul practices
Published: Monday, November 9, 2009

NEW YORK -- A social networking site has been fined $500,000 and told to overhaul its practices following charges it tricked members into providing personal details to lure new members and send out tens of millions of spam emails.

New York Attorney General Andrew Cuomo said the site, Tagged Inc, would provide clear disclosures when seeking access to new users' email contacts, and would be unable to access those contacts or send messages on behalf of Tagged.com members without permission.

In July, Mr. Cuomo had threatened to sue the company, which has offices in San Francisco, for deceptive marketing practices and invasion of privacy.

"Unsuspecting users had no idea that Tagged had hijacked the e-mail addresses of their colleagues, families and friends for the purpose of blasting them with spam," Mr. Cuomo said in a statement on Monday.

"This agreement holds the company accountable for its invasion of privacy and puts the proper safeguards in place to keep it from happening again."

Tagged.com is the third-largest U.S. social networking site, according to its website. It said it had 16 million members active monthly, two-thirds of whom are outside the United States, and 7 billion page views a month.

Greg Tseng, Tagged's co-founder and chief executive, in a statement said the five-year-old company had improved its registration and "invite your friends" processes, and would take further steps to increase member privacy.

"Despite differences of opinion about Tagged's intentions, we did acknowledge that the membership drive aggravated some customers," he said.

Larger rivals include Facebook and MySpace

Mr. Cuomo accused Tagged.com of sending more than 60 million emails stating that friends had sent some photos, which in fact did not exist, and that recipients were told to sign up for Tagged.com to access them. The company would then use these contacts to send out more misleading emails, Mr. Cuomo said.

Tagged has said it stopped using the alleged misleading registration process before Cuomo's office first contacted it.

© Thomson Reuters 2009

Golden arse awards?

Fat Arse (http://arsenisms.blogspot.com) has left a new comment on your post, Donald Schade: "Can you hear me now Murray Trachtenberg?"

Well. One thing is for sure, there is no ambiguity here. Reminds me of that timeless country ditty: "Somebody has done somebody wrong song!"

Clearly, somebody, someone, some person, some lawyer(?) has dropped the ball on this file. Sad really. One cannot help but wonder how many other files he may have compromised?

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Dear Fat Arse:

Thank you for writing. When we reviewed this file a few months ago at Queen's Bench File Registry all we could think at the time was, "Oh my God what a colossal mess!" There were likely multiple candidates for your prestigious Golden Arse Awards. Hope you finished taking down the telegraph poles and are still enjoying your victrola.

Sincerely,
Clare L. Pieuk

Donald Schade: "Can you hear me now Murray Trachtenberg?"

Good Day Readers:
Found the following item posted by The Public Eye on Truth To Power.

www.accesstoinfo.blogspot.com; vicpopuli1@gmail.com

Donald Schade (Calgary) is a former Murray Trachtenberg client who was retained a couple years ago to assist Mr. Schade in the sale of his late parents' Winnipeg home.

www.ptlaw.mb.ca; mtrachtenberg@ptlaw.mb.ca

In a January 8, 2008 Affidavit filed by Donald Schade he stated in part:

I am on a long term Canada Disability Pension (CPP) under the qualifying terms of "prolonged and severe." I suffer from cognitive problems, especially stressful situation like court appearances, which exacerbate my symptoms.

While reviewing the file we noted Mr. Schade on at least one occasion pointed out to Counselor Trachtenberg a side effect of his condition was to become excited in which case he often resorted to the use of capital letters.

Now all that remains is the identity of the man in the photograph and what he's holding. Anyone know?

Sincerely,

Clare L. Pieuk

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09 November 2009
Manitoba Lawyer Murray Trachtenberg

From: Don daschade@telus.net
Sent: Friday, October 26 2007 12:01 PM
To: "MURRAY N. TRACHTENBERG" <mtrachtenberg@ptlaw.mb.ca>
Subject: RE: "UNCONTESTED" NOTICE OF MOTION and AFFIDAVIT

SIR:

I BELIEVE I ADVISED YOU JUST BEFORE YOU ISSUED THESE DOCUMENTS THAT I WAS NOT WELL, AND OR UNDER DOCTOR'S CARE. ALSO, YOU DID NOT CONTACT ME AND OFFER ME THE PROFESSIONAL COURTESY OF ASKING ME IF I WAS AVAILABLE, WHICH I WAS NOT.

I HAVE DOCTOR'S MEDICAL INSTRUCTIONS WHICH PREVENT ME FROM ATTENDING.

ALSO, YOU HAVE STRUCTURED YOUR DOCUMENTS IN SUCH A WAY AS TO TAKE ADVANTAGE OF, AND INCREASED THE DEBILITATING SYMPTOMS OF MY LONG TERM DISABILITY, BY NOT PROVIDING IN ADVANCE DOCUMENTS YOU ARE GOING TO PUT BEFORE THE PRESIDING MASTER. PRESENTING THESE DOCUMENTS IN OPEN COURT, AFTER PREADVISING THE OTHER SIDE, EVEN BEFORE YOU ADVISED ME, VIOLATES MY TRUST AND BREECHES CLIENT CONFIDENTIALITY. I FORBID IT!

YOU HAVE REPEATEDLY IGNORED PROVIDING INFORMATION IN MY FILE ON THE ACTIONS TO DO WITH OUR ORIGINAL PAY AGREEMENT. INSTEAD YOU SEND ME A NEW AGREEMENT WHICH YOU TOLD ME IS THE SAME AS THE ORIGINAL; WHICH MAKES ME WONDER WHY YOU ARE TRYING TO SIGN A NEW (AND DIFFERENT AGREEMENT WHICH FORCES ME TO PROVIDE A PERSONAL GUARANTEE).

YOU HAVE NOT ANSWERED MY QUESTION ON WHAT IS THE DEFINITION OF "VACANT POSSESSION?" YOU KEEP REFERRING TO MATTERS THAT I CAN NOT FIND, AND DO NOT INCLUDE THESE MATTERS WITH YOUR EMAILS. BY REPEATING THESE TIME AND TIME AGAIN, YOU ARE RUNNING UP MY BILL, AND YOU WASTE MY TIME, WHICH IS VALUABLE.

YOU WERE AND ARE WELL AWARE THAT THERE IS NO MONEY IN BOTH OF THE ESTATES. YOU ARE AWARE THAT A COURT ORDER INSTRUCTING LARRY SCHADE TO PAY JUST UNDER $1383.87 (PLUS INTEREST?), WHICH YOU HAVE MADE NO ATTEMPT TO COLLECT. YOU ARE, OR SHOULD BE AWARE, THAT THIS CAN BE USED TO ELIMINATE LARRY SCHADE'S FRIVOLOUS CONTESTED ACTIONS. THIS WOULD ALSO REDUCE YOUR BILLINGS TO ME AND THE ESTATE.

YOU ARE ALSO AWARE THAT LARRY SCHADE HAS FINALLY DECLARED THAT THERE WAS A LOAN BETWEEN HIM AND MY MOTHER OF $11,000+/-; AND YOU HAVE DONE NOTHING TO COLLECT THIS. YOU ARE ALSO AWARE THAT THERE HAVE BEEN INTERESTS 3-4 TIMES+, OF PURCHASING 2 WINDERMERE BAY (WPG.), THE SOLE ASSET OF ALFRED SCHADE'S ESTATE.

THE MOST RECENT ONE WAS AN INDICATION FROM A MORTGAGE FIRM THAT THERE WAS A FUNDING OF $62,500.00 WHICH WOULD PROVIDE TOTAL FUNDS FOR THE PURCHASE OF THIS HOME. AS YOU CHOSE TO SCAN, RATHER THAN READ WHAT I EMAIL YOU. I TWICE SENT THESE TO YOU! I RECEIVED NO RESPONSE.

THE PREVIOUS ORDER / MOTION IN MY FAVOR, WOULD HAVE GIVEN ME TOTAL CONTROL OVER THE PROPERTY IF YOU HAVE ACTED ON IT, ON OR ABOUT JUNE 14, 2007.

I AM IN THE PROCESS OF GETTING LEGAL AID, AND APPEAR TO BE WITHOUT COUNSEL. WITH THIS FACT, AND MY MEDICAL SITUATION, I ASK THAT THE NOVEMBER 2, 2007 BE ADJOURNED OR POSTPONED. ALSO, YOU SHOULD KNOW THAT I AM ADVISED THAT THE "PRESIDING MASTER" DOES NOT HAVE JURISDICTION, AS MADAM JUSTICE DUVAL IS SEIZED WITH THESE ACTIONS. EVEN IF I COULD APPEAR, I WOULD HAVE WASTED 30+ HOURS OF TRAVELING TIME, AT SIGNIFICANT EXPENSE TO ME, WITH NO PLACE TO STAY IN WINNIPEG.

PLEASE ADVISE ME THAT THESE COURT MATTERS WILL STOPPED. I WILL NOT CONSENT, WHICH WAS PRESUMPTIVE ON YOU, AND AS MATTERS STAND, THE "UNCONTESTED NOTICE OF MOTION, WILL BE CONTESTED.

DON SCHADE, EXECUTOR

Mathematics 101 anyone?

Russia's Conquering Zeros
The strength of post-Soviet math stems from decades of lonely productivity.
By MASHA GESSEN
Moscow
November 6, 2009
It may be no accident that, while some of the best American mathematical minds worked to solve one of the century's hardest problems—the Poincaré Conjecture—it was a Russian mathematician working in Russia who, early in this decade, finally triumphed.

Decades before, in the Soviet Union, math placed a premium on logic and consistency in a culture that thrived on rhetoric and fear; it required highly specialized knowledge to understand; and, worst of all, mathematics lay claim to singular and knowable truths—when the regime had staked its own legitimacy on its own singular truth. All this made mathematicians suspect. Still, math escaped the purges, show trials and rule by decree that decimated other Soviet sciences.

Three factors saved math. First, Russian math happened to be uncommonly strong right when it might have suffered the most, in the 1930s. Second, math proved too obscure for the sort of meddling Joseph Stalin most liked to exercise: It was simply too difficult to ignite a passionate debate about something as inaccessible as the objective nature of natural numbers (although just such a campaign was attempted). And third, at a critical moment math proved immensely useful to the state.

Three weeks after Nazi Germany invaded the Soviet Union in June 1941, the Soviet air force had been bombed out of existence. The Russian military set about retrofitting civilian airplanes for use as bombers. The problem was, the civilian airplanes were much slower than the military ones, rendering moot everything the military knew about aim.

What was needed was a small army of mathematicians to recalculate speeds and distances to let the air force hit its targets.

The greatest Russian mathematician of the 20th century, Andrei Kolmogorov, led a classroom of students, armed with adding machines, in recalculating the Red Army's bombing and artillery tables. Then he set about creating a new system of statistical control and prediction for the Soviet military.
Following the war, the Soviets invested heavily in high-tech military research, building over 40 cities where scientists and mathematicians worked in secret. The urgency of the mobilization recalled the Manhattan Project—only much bigger and lasting much longer. Estimates of the number of people engaged in the Soviet arms effort in the second half of the century range up to 12 million people, with a couple million of them employed by military-research institutions.

These jobs spelled nearly total scientific isolation: For defense employees, any contact with foreigners would be considered treasonous rather than simply suspect. In addition, research towns provided comfortably cloistered social environments but no possibility for outside intellectual contact. The Soviet Union managed to hide some of its best mathematical minds away in plain sight.

In the years following Stalin's death in 1953, the Iron Curtain began to open a tiny crack—not quite enough to facilitate much-needed conversation with non-Soviet mathematicians but enough to show off some of Soviet mathematics' proudest achievements.

By the 1970s, a Soviet math establishment had taken shape. A totalitarian system within a totalitarian system, it provided its members not only with work and money but also with apartments, food, and transportation. It determined where they lived and when, where, and how they traveled for work or pleasure. To those in the fold, it was a controlling and strict but caring mother: Her children were undeniably privileged.

Even for members of the math establishment, though, there were always too few good apartments, too many people wanting to travel to a conference. So it was a vicious, back-stabbing little world, shaped by intrigue, denunciations and unfair competition.

Then there were those who could never join the establishment: those who happened to be born Jewish or female, those who had had the wrong advisers at university or those who could not force themselves to join the Party. For these people, "the most they could hope for was being able to defend their doctoral dissertation at some institute in Minsk, if they could secure connections there," says Sergei Gelfand, publisher of the American Mathematical Society—who also happens to be the son of one of Russia's top 20th-century mathematicians, Israel Gelfand, a student of Mr. Kolmogorov. Some Western mathematicians, Sergei Gelfand adds, "even came for an extended stay because they realized there were a lot of talented people. This was unofficial mathematics."

Math Stars
Besides Grigory Perelman and the Poincaré Conjecture, there are numerous other famous math solvers, and there are still problems to solve.

Andrew Wiles (1953-)
This Princeton mathematician resolved the most famous problem in numbers—Fermat's Last Theorem—in 1995.

Leonhard Euler (1707–1783)
A Swiss mathematician who made so many contributions, particularly in the early foundations of calculus, that it gets hard to keep track of all that's named for him.

Kurt Gödel (1906–1978)
This Austrian logician demonstrated that any reasonably powerful system of math contains true statements that can't be proven.

The Riemann Hypothesis
To the enduring befuddlement of mathematicians, prime numbers—numbers divisible only by themselves and 1—exhibit no pattern at all: 2, 3, 5, 7, 11, 13 are the first few. They aren't evenly spaced but get scarcer the further out you go. No formula can tell you what the next one will be. In 1859, the German mathematician Bernhard Riemann discovered that a function—known now as the Riemann zeta function (expressed in the graphic above)—appeared to give signposts to where primes lie in the great field of numbers. It provided some order to the mystery. Riemann conjectured that these key signposts—"zeros" of the function—all lie on a single straight line out to infinity, that none are flung off in strange places. In the 150 years since, no one has proved his hypothesis. To a mathematician, the hypothesis looks like this: All non-trivial zeros of the Riemann zeta function have a real part equal to ½.

Charles Forelle

One such visitor was Dusa McDuff, then a British algebraist and now a professor emerita at the State University of New York at Stony Brook. She studied with the older Mr. Gelfand for six months, and credits this experience to opening her eyes both to what mathematics really is: "It was a wonderful education ... Gelfand amazed me by talking of mathematics as though it were poetry."

In the mathematical counterculture, math "was almost a hobby," recalls Sergei Gelfand. "So you could spend your time doing things that would not be useful to anyone for the nearest decade." Mathematicians called it "math for math's sake." There was no material reward in this—no tenure, no money, no apartments, no foreign travel; all they stood to gain was the respect of their peers.

Math not only held out the promise of intellectual work without state interference (if also without its support) but also something found nowhere else in late-Soviet society: a knowable singular truth. "If I had been free to choose any profession, I would have become a literary critic," says Georgii Shabat, a well-known Moscow mathematician. "But I wanted to work, not spend my life fighting the censors." The search for that truth could take long years—but in the late Soviet Union, time seemed to stand still.

When it all collapsed, the state stopped investing in math and holding its mathematicians hostage. It's hard to say which of these two factors did more to send Russian mathematicians to the West, primarily the U.S., but leave they did, in what was probably one of the biggest outflows of brainpower the world has ever known. Even the older Mr. Gelfand moved to the U.S. and taught at Rutgers University for nearly 20 years, almost until his death in October at the age of 96. The flow is probably unstoppable by now: A promising graduate student in Moscow or St. Petersburg, unable to find a suitable academic adviser at home, is most likely to follow the trail to the U.S.

But the math culture they find in America, while less back-stabbing than that of the Soviet math establishment, is far from the meritocratic ideal that Russia's unofficial math world had taught them to expect. American math culture has intellectual rigor but also suffers from allegations of favoritism, small-time competitiveness, occasional plagiarism scandals, as well as the usual tenure battles, funding pressures and administrative chores that characterize American academic life. This culture offers the kinds of opportunities for professional communication that a Soviet mathematician could hardly have dreamed of, but it doesn't foster the sort of luxurious, timeless creative work that was typical of the Soviet math counterculture.

For example, the American model may not be able to produce a breakthrough like the proof of the Poincaré Conjecture, carried out by the St. Petersburg mathematician Grigory Perelman.

Mr. Perelman came to the United States as a young postdoctoral student in the early 1990s and immediately decided that America was math heaven; he wrote home demanding that his mother and his younger sister, a budding mathematician, move here. But three years later, when his postdoc hiatus was over and he was faced with the pressures of securing an academic position, he returned home, disillusioned.

In St. Petersburg he went on the (admittedly modest) payroll of the math research institute, where he showed up infrequently and generally kept to himself for almost seven years, one of the greatest mathematical discoveries of at least the last hundred years. It's all but impossible to imagine an American institution that could have provided Mr. Perelman with this kind of near-solitary existence, free of teaching and publishing obligations.

After posting his proof on the Web, Mr. Perelman traveled to the U.S. in the spring of 2003, to lecture at a couple of East Coast universities. He was immediately showered with offers of professorial appointments and research money, and, by all accounts, he found these offers gravely insulting, as he believes the monetization of achievement is the ultimate insult to mathematics. So profound was his disappointment with the rewards he was offered that, I believe, it contributed a great deal to his subsequent decision to quit mathematics altogether, along with the people who practice it. (He now lives with his mother on the outskirts of St. Petersburg.)

A child of the Soviet math counterculture, he still held a singular truth to be self-evident: Math as it ought to be practiced, math as the ultimate flight of the imagination, is something money can't buy.

Masha Gessen's latest book is "Perfect Rigor: A Genius and the Mathematical Breakthrough of the Century," a story of Grigory Perelman and the Poincaré Conjecture. She lives in Moscow and is the author of three previous books.

Years ago we called those hearing aids!

Who stole your reputation?

Good Day Folks:

Every so often a story comes along which is nothing short of shocking. This is one of them - a must read!

Sincerely,
Clare L. Pieuk
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Framed for child porn — by a virus
An Associated Press investigation finds cases in which innocent people have been branded as pedophiles
Share with friends
Jordan Robertson
The Associated Press
Published Monday, November 9, 2009

Of all the sinister things that Internet viruses do, this might be the worst: They can make you an unsuspecting collector of child pornography.

Heinous pictures and videos can be deposited on computers by viruses – the malicious programs better known for swiping your credit card numbers. In this twist, it's your reputation that's stolen.

Pedophiles can exploit virus-infected PCs to remotely store and view their stash without fear they'll get caught. Pranksters or someone trying to frame you can tap viruses to make it appear that you surf illegal Web sites.

Whatever the motivation, you get child porn on your computer – and might not realize it until police knock at your door.

An Associated Press investigation found cases in which innocent people have been branded as pedophiles after their co-workers or loved ones stumbled upon child porn placed on a PC through a virus. It can cost victims hundreds of thousands of dollars to prove their innocence.
In this July 2, 2009 photo, Nathaniel "Ned" Solon talks on the phone-intercom at the Logan County Detention Center in Sterling, Colorado. Solon admits he used the program to download video games and adult porn - but not child porn. So what could explain that material?

Their situations are complicated by the fact that actual pedophiles often blame viruses – a defence rightfully viewed with skepticism by law enforcement.

“It's an example of the old ‘dog ate my homework' excuse,” says Phil Malone, director of the Cyberlaw Clinic at Harvard's Berkman Center for Internet & Society. “The problem is, sometimes the dog does eat your homework.”

The AP's investigation included interviewing people who had been found with child porn on their computers. The AP reviewed court records and spoke to prosecutors, police and computer examiners.

One case involved Michael Fiola, a former investigator with the Massachusetts agency that oversees workers' compensation.

In 2007, Fiola's bosses became suspicious after the Internet bill for his state-issued laptop showed that he used 41/2 times more data than his colleagues. A technician found child porn in the PC folder that stores images viewed online.

Fiola was fired and charged with possession of child pornography, which carries up to five years in prison. He endured death threats, his car tires were slashed and he was shunned by friends.

Fiola and his wife fought the case, spending $250,000 on legal fees. They liquidated their savings, took a second mortgage and sold their car.

An inspection for his defence revealed the laptop was severely infected. It was programmed to visit as many as 40 child porn sites per minute – an inhuman feat. While Fiola and his wife were out to dinner one night, someone logged on to the computer and porn flowed in for an hour and a half.

Prosecutors performed another test and confirmed the defence findings. The charge was dropped – 11 months after it was filed.

The Fiolas say they have health problems from the stress of the case. They say they've talked to dozens of lawyers but can't get one to sue the state, because of a cap on the amount they can recover.

“It ruined my life, my wife's life and my family's life,” he says.

The Massachusetts attorney general's office, which charged Fiola, declined interview requests.

At any moment, about 20 million of the estimated 1 billion Internet-connected PCs worldwide are infected with viruses that could give hackers full control, according to security software maker F-Secure Corp. Computers often get infected when people open e-mail attachments from unknown sources or visit a malicious Web page.

Pedophiles can tap viruses in several ways. The simplest is to force someone else's computer to surf child porn sites, collecting images along the way. Or a computer can be made into a warehouse for pictures and videos that can be viewed remotely when the PC is online.

“They're kind of like locusts that descend on a cornfield: They eat up everything in sight and they move on to the next cornfield,” says Eric Goldman, academic director of the High Tech Law Institute at Santa Clara University. Goldman has represented Web companies that discovered child pornographers were abusing their legitimate services.

But pedophiles need not be involved: Child porn can land on a computer in a sick prank or an attempt to frame the PC's owner.

In the first publicly known cases of individuals being victimized, two men in the United Kingdom were cleared in 2003 after viruses were shown to have been responsible for the child porn on their PCs.

In one case, an infected e-mail or pop-up ad poisoned a defence contractor's PC and downloaded the offensive pictures.

In the other, a virus changed the home page on a man's Web browser to display child porn, a discovery made by his 7-year-old daughter. The man spent more than a week in jail and three months in a halfway house, and lost custody of his daughter.

Chris Watts, a computer examiner in Britain, says he helped clear a hotel manager whose co-workers found child porn on the PC they shared with him.

Watts found that while surfing the Internet for ways to play computer games without paying for them, the manager had visited a site for pirated software. It redirected visitors to child porn sites if they were inactive for a certain period.

In all these cases, the central evidence wasn't in dispute: Pornography was on a computer. But proving how it got there was difficult.

Tami Loehrs, who inspected Fiola's computer, recalls a case in Arizona in which a computer was so “extensively infected” that it would be “virtually impossible” to prove what an indictment alleged: that a 16-year-old who used the PC had uploaded child pornography to a Yahoo group.

Prosecutors dropped the charge and let the boy plead guilty to a separate crime that kept him out of jail, though they say they did it only because of his age and lack of a criminal record.

Many prosecutors say blaming a computer virus for child porn is a new version of an old ploy.

“We call it the SODDI defence: Some Other Dude Did It,” says James Anderson, a federal prosecutor in Wyoming.

However, forensic examiners say it would be hard for a pedophile to get away with his crime by using a bogus virus defence.

“I personally would feel more comfortable investing my retirement in the lottery before trying to defend myself with that,” says forensics specialist Jeff Fischbach.

Even careful child porn collectors tend to leave incriminating e-mails, DVDs or other clues. Virus defences are no match for such evidence, says Damon King, trial attorney for the U.S. Justice Department's Child Exploitation and Obscenity Section.

But while the virus defence does not appear to be letting real pedophiles out of trouble, there have been cases in which forensic examiners insist that legitimate claims did not get completely aired.

Loehrs points to Ned Solon of Casper, Wyoming who is serving six years for child porn found in a folder used by a file-sharing program on his computer.

Solon admits he used the program to download video games and adult porn – but not child porn. So what could explain that material?

___________________________________________________
“ It ruined my life, my wife's life and my family's life ”

— Michael Fiola, who was falsely accused of downloading child porn
___________________________________________________


Loehrs testified that Solon's antivirus software wasn't working properly and appeared to have shut off for long stretches, a sign of an infection. She found no evidence the five child porn videos on Solon's computer had been viewed or downloaded fully. The porn was in a folder the file-sharing program labelled as “incomplete” because the downloads were cancelled or generated an error.

This defence was curtailed, however, when Loehrs ended her investigation in a dispute with the judge over her fees. Computer exams can cost tens of thousands of dollars. Defendants can ask the courts to pay, but sometimes judges balk at the price. Although Loehrs stopped working for Solon, she argues he is innocent.

“I don't think it was him, I really don't,” Loehrs says. “There was too much evidence that it wasn't him.”

The prosecution's forensics expert, Randy Huff, maintains that Solon's antivirus software was working properly. And he says he ran other antivirus programs on the computer and didn't find an infection – although security experts say antivirus scans frequently miss things.

“He actually had a very clean computer compared to some of the other cases I do,” Huff says.

The jury took two hours to convict Solon.

“Everybody feels they're innocent in prison. Nobody believes me because that's what everybody says,” says Solon, whose case is being appealed. “All I know is I did not do it. I never put the stuff on there. I never saw the stuff on there. I can only hope that some day the truth will come out.”

But can it? It can be impossible to tell with certainty how a file got onto a PC.

“Computers are not to be trusted,” says Jeremiah Grossman, founder of WhiteHat Security Inc. He describes it as “painfully simple” to get a computer to download something the owner doesn't want – whether it's a program that displays ads or one that stores illegal pictures.

It's possible, Grossman says, that more illicit material is waiting to be discovered.

“Just because it's there doesn't mean the person intended for it to be there – whatever it is, child porn included.”

Big Bird/Cookie Monster mid-life crisis imminent?

Greg Delaney has left a new comment on your post, "Hi" from Bert and Ernie!"

It's time for Big Bird and Cookie Monster to start experiencing a mid-life crisis.
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Dear Greg Delaney:

Thank you for writing. Not having grown up with Sesame Street we're not familiar with many of its characters including Big Bird which Google used as one of its banners last week. Probably explains why we looked trying to figure out its identity.

As for the Cookie Monster we expect it to continue for some time.

We grew up with Romper Room, Do Bees, Don't Bees, Miss Dorothy and her magical mirrow - "Romper, stomper, bomper boo I see ....." - scared the bejesus out of you if she happened to call your name.

Sincerely,
Clare L. Pieuk

Who was Count Olaf?

The Public Eye has left a new comment on your post "Manitoba Lawyer Murray Trachtenberg!"

This is an illustration of the character of "Count Olaf" from the book series LEMONY SNICKET'S SERIES OF UNFORTUNATE EVENTS (later made into an excellent film, featuring Jim Carrey as the Count).

Anyone familiar with the series will instantly recognize my reasoning in using this picture, especially as it pertains to Murray's role as a lawyer who wished to withdraw from Mr. Schade's letter. Because of Mr. Trachtenberg's well-deserved and honed expertise in prosecuting defamation claims, I think it wise not to venture any further comments in this direction.
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Truth To Power
Dear Mr. Populi:
Thank you for writing. As we read through the Donald Schade file, frankly, we were quite taken aback by the numerous serious accusations and vitriol directed at Counselor Trachtenberg and wondered why he hadn't sued his former client multiple times for defamation.
As for the metaphorical image used in your posting, here's what we were able to find about Count Olaf.










Count Olaf (pronounced /ˈɔɫ.ɑf/ or /ˈɔɫ.əf/ in American English and /ˈoʊ.lɑːf/ or /ˈoʊ.læːf/ in British English) is the primary antagonist of the children's book series, A Series of Unfortunate Events (by Lemony Snicket). He is a stage and film actor as well as impresario.

One of the leaders of the schism, a split in the secret organization of V.F.D., Olaf was a former suitor of Kit Snicket. As Olaf had gained notoriety for numerous counts of arson, the Baudelaire siblings suspected that he caused the Baudelaire fire that killed their parents. Olaf denied this when confronted, although his credibility is questionable. The film heavily implies that the Baudelaire fire was committed by Count Olaf.

Count Olaf is a distant relative of the Baudelaires. He was once their adoptive father. He holds an unexplained fixation with the Baudelaires' inheritance, and has followed them wherever they went. Olaf's most distinguishing marks are a unibrow and a tattoo of the V.F.D. eye on his ankle. He employs his acting skills and various disguises in his plots. Olaf's disguises usually do little besides cover his eyebrow and tattoo, which is sufficient to fool most characters. The Baudelaires are able to recognize his other characteristics, such as his wheezy voice and shiny eyes, but other characters don't notice these marks, and very few of them believe the Baudelaires' claims to recognize him. He is the only character other than the Baudelaire children to appear in every book in the series.

Count Olaf is guilty of arson,[1] first degree murder,[2] second degree murder,[3] attempted murder,[4] frameup,[5] identity theft,[6] kidnapping,[7] forced marriage,[8] false imprisonment,[9] theft, attempted theft,[10] fraud,[11] falsification of evidence,[12] harassment,[13] criminal facilitation,[14] conspiracy,[15] numerous counts of aiding and abetting and according to Snicket, poor hygiene.
Clare L. Pieuk

Sunday, November 08, 2009

What's corporate loyalty?

Survey aims to clear up myths about veterans' lives
Sandie Benitah
, CTV.caNews
Sunday, November 8, 2009
Veteran George Fortum, 88 shakes hands with Nakeida Kinglangford and Alicia Butcher after the Remembrance Day ceremony in London, Ontario, Tuesday, November 11, 2008. (Dave Chidley/THE CANADIAN PRESS)

A new survey has found that Canadians have the wrong impression when it comes to war veterans and their livelihood after serving in the military.

In a poll released ahead of Remembrance Day, the Canadian Corps of Commissionaires found that a significant majority of the 1,000 people surveyed falsely believe that at least half of all veterans receive a pension when they retire. More than 28 per cent of Canadians believe all veterans receive a pension.

But in fact, only 30 per cent of veterans have served the Canadian Forces long enough to have earned a pension for retirement.

A veteran must serve 20 years with the Canadian Forces before being eligible for a pension but the average duration of a veteran's service is 11.5 years -- a fact only 14 per cent of respondents knew.

The Commissionaires, an organization dedicated to easing a veteran's transition back to a regular civilian lifestyle, said most Canadians believe veterans serve longer than they actually do.

About 35 per cent of people thought veterans serve an average of 20 years in the military.

Toronto difficult adjustment

Stan Ruston, a veteran who works with Commissionaires recruitment in Toronto, said war veterans often have to pursue a second or third career after retiring from the military.

However, he said a new career is challenging for someone who has trained for years with the Canadian Forces and has become accustomed to a culture of loyalty, respect and obedience. Instead, the civilian corporate life can be cut throat with managers easily dismissing employees in order to meet their bottom line.

"It's a different way of life," he said in a telephone interview from Toronto with ctvtoronto.ca. "The most difficult thing I found was the structure of loyalty wasn't the same. The Commissionaires had that family feeling and it made me feel at home."

Ruston served with the military for 21 years and is currently eligible for a pension. However, as a recruiter for Commissionaires, he often deals with younger recruits who just finished a stint in Afghanistan and are having a hard time finding work.

He said Toronto is particularly hard to adjust to because it is a big city with a weak veterans culture as opposed to smaller towns who have a large number of retired veterans living there.

Jim Watts, president and CEO of Commissionaires Great Lakes Division is a 24-year veteran who saw first hand just how hard the transition back to civilian life could be.

He said he was "really shocked" at the lack of loyalty his peers and supervisors at work showed for each other.

"The pace of doing business was different," he said. "Nonetheless, it showed me just how inefficient commercial businesses can be."

New workplace policies

Of the 6,000 recruits who (on average) leave the Canadian Forces each year, about 1,200 find a job with the Commissionaires.

The average age of veterans coming to look for a job with the organization is about 48. The older recruits are coming to look for a way to supplement their pensions or to build one from scratch.

Not only do they work with people who have a similar life experience but employees of the non-profit group also have access to a confidential hotline assistance program in case they are dealing with any issues such as post traumatic stress disorder.

A lot of companies are hesitant to take on veterans as employees because "they're not sure what they're getting," said Ruston. This program gets veterans working in an atmosphere that is sensitive and flexible, he added.

Nonetheless, the survey showed Canadians are more than willing to make the transition easier for veterans as 89 per cent of those surveyed said they feel an obligation to ensure that veterans do indeed find meaningful employment after serving their country.

Watts said a good start would be new policies in the workforce.

"Employees should put internal policies in place especially with young reservists that allow them time off and a job guarantee for when they come back," he said.

He said there should also be an education program for employers to make them aware of the many marketable skills recruits learn in the military, such as team work, self-discipline and problem solving.

Veteran Affairs goes Facebook!

Good Day Readers:

Were interested in the following article because it represents quite a departure for Canada's Department of Veteran Affairs - use of social networking sites to reach young people.

As for us, we'll have to rely on Frank Godon for dispatches from the front lines of Juno Beach, France.

Sincerely,
Clare L. Pieuk
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Ian Munroe, CTV.ca News Staff
November 7, 2009

Screengrap of a series of archival photos 'Added by Wendy-Lou to Canada Remembers'

Every year, the Department of Veterans Affairs in Ottawa organizes a week of activities to jog peoples' memories in the days leading up to November 11.

A persistent dilemma for the department, which is responsible for pensions and services for war veterans and retired RCMP officers, is how to capture the attention of young Canadians each Remembrance Day.

Wars may seem remote for children and teenagers, particularly if they have no living relatives who have served in the military on overseas missions. And in an increasingly wired world, capturing the interest of tech-savvy youngsters poses a challenge. But it's an essential demographic in order to keep alive the tradition of commemorating Canadian soldiers who fought and died in wars far from home.

Previously, Veterans Affairs reached out to younger audiences indirectly by providing learning material to their school teachers. It still publishes background information on historical events, such as the campaign to liberate Italy from the Nazis, which teachers can use to instruct their students.

But in an effort to keep up with young Canadians who are spending more of their time online, the department has added a new strategy to the mix.

"We're taking the message of remembrance to where youth are: social media," Heather MacDonald, a spokesperson for Veterans Affairs, told CTV.ca. "It's a big launch for us."

The department has set up a webpage called "Canada Remembers" on the popular social networking website Facebook. It's designed to relay details of events surrounding November 11. It also serves as a venue where people can describe what Remembrance Day means to them.

As of Friday evening more than 60,000 people had signed on as members of the webpage, a number that had been rising steadily over the past week.

The page houses more than 400 photos posted by users, and countless comments, the overwhelming majority of which were positive.

"I am an ex-British Royal Military Policeman, and was proud to have served with your country's forces, proud and honourable soldiers, and now have the fortune to live in your great country," wrote Shaun Hanson. "Exemplo Ducemus. We will not forget."

Others paid their respects to soldiers sent more recently to Afghanistan.

"Our son, Myles Mansell, was a reservist and volunteered to go to Afghanistan because he thought it was the right thing to do and that maybe he could make a difference in this world. On April 22, 2006, he and three other soldiers were killed," wrote Nancy Mansell. "We will always be so proud of him and what he was trying to accomplish."

'Report' button still needed

But not all of the comments were so respectful and eloquent. At one point this week, a user appeared to confuse November 11 with the September 11 terrorist attacks in the United States. Angry users quickly made light of the mistake in a string of vulgar attacks.

The exchange was later removed from the page. And Veterans Affairs, which administers the site, said it is monitoring comments using internal guidelines, and those set by Facebook.

"We want to maintain the open environment found on social media networks, where people feel comfortable about sharing their thoughts on remembrance without being censored," MacDonald wrote in an email. "However, inappropriate comments or postings that are offensive to and individual or an organization, rude in tone, or abusive will be removed."

Alex Brown, a Facebook spokesperson in Toronto, told CTV.ca that the company's staff also investigates reports of inappropriate comments, in line with its terms of service. The goal is "to strike a very delicate balance" that allows users to express their opinions while making sure everyone feels safe, Brown wrote in an email.

This isn't the first year that Veterans Affairs has tried new mediums to encourage youth to get into the spirit of Remembrance Day. For the past several years the department has also been making November 11-themed temporary tattoos, hoping that they would make a mark on a younger demographic.

But this is the first time the department has tried to harness the Internet to spread Remembrance Day to youth.

Veterans Affairs is also hosting a multimedia contest on its website. Users are encouraged to download photos, videos and audio clips to create "mashups" they can repost on the department's website, the official Facebook page or the popular video site YouTube.

On television, Veterans Affairs has partnered with MuchMusic and MusiquePlus to get "modern day" veterans, meaning those who have served since the Korean War, in front of younger viewers on November 11.

The show "VideoFlow," for example, will be devoted to veterans who wish to request a favourite song or deliver a Remembrance Day message, MacDonald said.

Saturday, November 07, 2009

Manitoba Lawyer Murray Trachtenberg!

Good Day Folks:

Found the following posted by The Public Eye (vicpopuli1@gmail.com) on Truth To Power.

By way of brief background, according to court documents Mr. Schade (Calgary) retained Manitoba Metis Federation Lawyer Murray Trachtenberg to assist with the sale of his parents' Winnipeg home.

It's a complicated case involving other family members, another lawyer, as well as, Counsel for the Public Trustee. In a January 8, 2008 Affidavit filed by Donald Schade he states in part:

I am on a long term Canada Disability Pension (CPP) under the qualifying terms of "prolonged and severe." I suffer from cognitive problems, especially stressful situation like court appearances, which exacerbate my symptoms.

At some point it would appear Mr. Schade became disgruntled with the service being provided by Counselor Trachtenberg and wished to terminate him which, in turn, lead to yet another controversy. It's a complicated file with accusations flying back and forth - a real mess!

As is his custom, The Public Eye has left us with a metaphorical image. Anyone know its significance?

Sincerely,
Clare L. Pieuk
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07 November 2009
Manitoba Lawyer Murray Trachtenberg

Subject: RE: GETTING OFF THE FILE FOR THE ACTION PERTAINING TO MY MOTHER'S ESTATE ACTION
From: Don
Date: Mon, 03 Dec 2007 09:56:30 -0700
To: "MURRAY N. TRACHTENBERG"<mtrachtenberg@ptlaw.mb.ca>

MURRAY,

I CAN NOT FIND THE DOCUMENTS PERTAINING TO YOUR WANTING TO GET OFF THE RECORD FOR MY MOTHER'S ESTATE.

I UNDERSTAND THAT IT IS SCHEDULED FOR DECEMBER 10, 2007.

HOWEVER, AS I SEE NO OTHER RECOURSE AND TO SAVE COSTS TO THE ESTATE AND OR ME, YOU CAN TAKE THIS EMAIL AS MY NOTICE FOR YOU TO WITHDRAW.

I AM NOT HAPPY ABOUT THIS, AS YOU INDUCED ME TO PAY THE FILING FEES, AND THEN AFTER TOLD ME THAT THERE WOULD BE A LOT OF WORK AND COSTS, WHICH WERE UNANTICIPATED BY ME.

YOU ALSO INDICATED, THAT BECAUSE THE OTHER LAWYERS OBJECTED, THAT YOU HAD TO WITHDRAW. I DO NOT BELIEVE THAT IS THE REAL REASON.

THE AGREEMENT AS TO HOW YOU WERE TO BE PAID WAS THE SAME AS THE FIRST AGREEMENT.

THANK YOU.

DON SCHADE, EXECUTOR

Russian vodka ad!

Today's cartoon!

Sneaky, sneaky Mr. Harper!

Is Stephen Harper going too far in trying to control his image?
Steven Chase
Ottawa
From Saturday's Globe and Mail
November 7, 2009
This photo was taken and distributed by the Prime Minister's Office on August 19. It's taken from the deck of the Canadian submarine HMCS Corner Brook when Prime Minister Stephen Harper visited it to showcase Canada's military capabilities in the Far North. News media were not allowed to take pictures of Mr. Harper aboard the military vessel but the PMO photographer was permitted to do so. (Jason Ranson/PMO)

The PMO is sending out a steady stream of publicity photos in the hope they will be used in newspapers and blogs across the country. But photojournalists believe Harper's handlers are going too far in trying to control his image

Minutes after Stephen Harper finished his now-famous rendition of With a Little Help from My Friends , the Prime Minister's Office e-mailed Canadian media an arresting close-up shot of what it described as the gala piano performance.

Only it wasn't.

The picture, which featured Mr. Harper framed by dazzling theatre lights, was actually snapped by a PMO photographer at a private rehearsal hours before the October 3 evening concert.

The shot – used by media outlets including The Globe and Mail's website – is cited by photojournalists who cover Mr. Harper when they discuss what they see as recent PMO efforts to exert more influence over images of the Conservative Prime Minister.

Since the spring, the PMO has effectively set up its own picture service, e-mailing photos to Canadian media almost daily in an effort to find a market for publicity shots of Mr. Harper's activities. It's a service that ultimately competes with the work of photojournalists, but one, they argue, that should not be relied upon as a record of events.

The mislabelled Harper picture is evidence of that, photojournalists say.

“That's why you rely on independent journalists to gather news,” said Graeme Roy, The Canadian Press's director of news photography.

Contacted about the photo, the Prime Minister's Office acknowledged that it erred in distributing a rehearsal picture that was captioned as the gala performance and said it should have sent out a correction. “We strive to make no errors on stuff that we put out. Unfortunately, sometimes, we're human and we do make a mistake,” PMO spokesman Andrew MacDougall said.
This photo was distributed Oct. 3 by the Prime Minister's Office shortly after Mr. Harper finished his famous piano rendition of With a Little Help from My Friends at the National Arts Centre Gala. It was erroneously captioned: "Prime Minister Stephen Harper performs "With A Little Help From My Friends" at the 2009 National Arts Centre Gala." In fact, the photo had been taken by a PMO photographer hours earlier during a private rehearsal. The caption was not corrected.

Photojournalists say that while they don't begrudge the PMO for distributing pictures – the Obama White House has a Web page dedicated to the same end – they're concerned about instances in which they are losing access to Mr. Harper and then being asked to accept the Conservative government's own photographic record of an event as a substitute.

Although that is not the case with the gala performance, where The Canadian Press was on hand to snap its own shots, it is what happened during Mr. Harper's August trip to the Arctic. There, the Prime Minister's Office publicized that he and cabinet ministers ate seal meat, but didn't let journalists witness the meal.

After Governor-General Michaëlle Jean's headline-grabbing consumption of seal heart last May, dining on this slightly fishy-tasting flesh has become a de rigueur gesture of respect toward Inuit people. Ms. Jean's meal, however, was consumed in full view of reporters and their cameras.

Not in Mr. Harper's case. His personal photographer was the only one to record the snack, even though close to two dozen journalists had travelled north with his entourage. The resulting PMO “handout” picture, distributed to media and widely published, showed the Prime Minister and colleagues reaching for pieces of seal as proof they ate the meat.

“There were no journalists present to verify that this in fact took place,” Mr. Roy noted.

The national news service filed a complaint with the PMO after his Arctic visit, stemming from incidents on the trip as well as other difficulties in covering Mr. Harper.

“We don't feel that we are getting the access we need in order to tell the story of the Prime Minister properly,” Mr. Roy said. He said he remains hopeful that ensuing discussions with the PMO will bear fruit and lead to changes.

The Prime Minister's Office says the Iqaluit seal-meat picture was left to the PMO photographer because most journalists were heading to another event and officials didn't think it would be fair to invite only those who stayed behind.

Mr. MacDougall, the deputy PMO press secretary, said the government tries its best to minimize the number of pictures it releases that are based on events that photojournalists haven't witnessed.

He said the recent practice of e-mailing out pictures is intended to supplement the supply of images available for media as well as bloggers. “There are a lot of smaller publications that don't have access to photographers ... or what the Prime Minister is doing.”

Mr. MacDougall said the Tories try to ensure their photo distribution only duplicates the pictures that photojournalists are taking rather than offering exclusive images. Any exceptions are “not by design.”
This photo was taken and distributed by the Prime Minister's Office on August 18 to publicize its announcement that Mr. Harper and cabinet ministers ate seal meat during an Arctic trip. No reporters or newsphotographers were allowed to witness the event. "The Prime Minister said, ‘I really enjoyed eating seal meat and look forward to having it again,' " an e-mail from a PMO spokesman informed reporters.

Pictures are, of course, key for politicians. “They are literally what we see first about them,” said Christopher Dornan, director of the Arthur Kroeger College of Public Affairs at Carleton University.

“A bad image to a politician is at best unhelpful. It detracts from the message; it sets you back – it's something you have to either ignore and ride out, or respond to, or answer for,” he said. “Plus, everyone has an ego, and who would be happy about looking bad on camera for the country to see?”

Reuters photojournalist Andy Clark, who served as official photographer to prime minister Brian Mulroney, happened to be in the Arctic chronicling a military exercise this August when Mr. Harper's northern tour joined the operation.

“I had a problem with that trip. I felt that we were purposely pushed around,” Mr. Clark said. “I just felt they were going out of their way [so] that we would get just the pictures they wanted us to get.”

He described how rubber dinghies carrying photographers and a TV crew were shuttled out of sight so they couldn't take pictures of Mr. Harper disembarking a warship to enter a smaller boat.

“We were ordered immediately to the opposite side of the ship so we couldn't photograph the Prime Minister coming down the gangplank into his boat,” Mr. Clark said. “I guess they were afraid he might stumble, I don't know.”

The same thing happened when Mr. Harper left this small boat to climb aboard the submarine HMCS Corner Brook: The media were kept out of the line of sight so they couldn't capture him climbing a ladder onto the vessel.

And, finally, news media were also denied a place atop the submarine HMCS Corner Brook, where PMO photographer Jason Ransom ultimately captured an arresting wide-angle shot of Mr. Harper and Defence Minister Peter MacKay. This picture was widely published in newspapers and on websites.

The PMO's Mr. MacDougall said that while his office tried the best it could to get media access to the sub despite security rules, some places end up being off limits. “Jason was able to be there and he took a great shot so we put it out.”

Asked about the positioning of media dinghies during the sub visit, he only said: “Photographers and cameramen took incredible pictures and video during the Prime Minister's Arctic trip. Photojournalists and camera operators are always welcome to attend our photo opportunities.”

A senior Conservative strategist, speaking on condition of anonymity, said the PMO's photo distribution represents a natural evolution of political communication. “The world has changed since the days of Jean Chrétien and Brian Mulroney,” the strategist said. “People in 2009 want video and images. Look at the evolution of media websites. Images and video spark interest and drive website visits,” the Tory said.

“Text – be it through traditional speeches [or] news releases – is not enough in 2009.”

"Hi" from Bert and Ernie!

Which Sesame Street Character should Google use tomorrow?

Bert and Ernie give a big smile for the Google Sesame Street logo today. This trend may run until November 10, the TV show's birthday.

Sesame Street has gotten some serious Google love this week. On Wednesday, Google swapped out its usual kindergarten-colored logo for Big Bird’s happy feet, in honor of Sesame Street’s 40th anniversary. (His foreign friends Chamki and Boombah smiled for the Google India homepage. Their clay cousins Wallace and Gromit spruced up the UK Google site that day for their 20th anniversary).

But the festival didn’t end there. Cookie Monster gobbled his way onto the homepage worldwide Thursday – munching on Google’s name in Australia, France, and here in the states. Today, Google-logo duty fell to Bert and Ernie, who made our list of favorite Sesame Street moments of all time.

Sesame Street’s official birthday is Nov. 10, so Google may keep this trend going all week. If they do, whom should the spotlight hit tomorrow? Around the office, we’re rooting for Mr. Aloysius Snuffleupagus, or “Snuffy” to his friends. Submit your nomination in the comments section below.

Bad timing?

War veterans offended by video game release date
Friday, November 6 2009
ctvwinnipeg.ca Vietnam war veteran Ron Parkes objects to the release of the war game right before Remembrance Day.

A new video game is drawing criticism before it even hits stores.

The game, Call of Duty - Modern Warfare 2, shows vivid and violent role playing depictions of war and is slated to be released on November 10.

Some feel the video game's release date, a day before Remembrance Day, is disrespectful to veterans.

"It's very insensitive and tacky to use Remembrance Day as a time to promote a game that in a way, glorifies war, death and destruction," says Ron Parkes, a Vietnam War veteran.

Video game store manager Mike Haynes disagrees. He says the game is not just about "mindlessly killing people" but is also a learning tool.

He plans on honouring the video game's release date.

A spokesperson with the company that markets Call of Duty says there was no specific strategy to link the game's release with Remembrance Day, and all video games are typically released on a Tuesday.

With a report from CTV's Karen Rocznik

Friday, November 06, 2009

"Dust-up" in the courtroom?

Good Day Readers:

Came upon an interesting article posted by The Public Eye on Truth To Power (www.accesstoinfo.blogspot.com; vicpopuli1@gmail.com) so did a little research to find out more about "TK" and what had lead to the disciplinary action by The Law Society of Upper Canada. Here's what we found. Vancouver based Gibbons Fowler Nathanson operates the Canadian Criminal Law Blog which posted the following:

Prize Fight Lawyering

We've been following a wild story out of Ontario, about a lawyer and Crown witness almost coming to blows in the courtroom. Kirk Makin first reported the case in the December 16, 2006 Globe & Mail. Two accused were being tried in Newmarket on a charge of attempted murder. The alleged victim was ex-biker Todd Kealy. Kealy testified as a Crown witness and claimed that shots had been fired at his car after an altercation in a bar. Defence counsel Reid Rusonik was cross-examining Kealy for one of the accused. The cross-examination was heated. After Kealy responded to a question by making what could be interpreted as a threat to Rusonik, Rusonik challenged Kealy to fight him outside the courtroom. Things degenerated further from there, including this stellar retort by Rusonik in response Kealy's admonition to "use your head:" "any time you fuckhead, any time you little shit". The matter was adjourned so that everyone could cool down. Rusonik apologized upon the court reconvening, but Kealy had disappeared. The case was adjourned for a few more days, at which point Rusonik again apologized. The case was then adjourned until January 4, at which point the fate of the trial would be considered.

Today the Globe and Mail gave us an update.

From Kirk Makin's latest report, it emerges that on January 4 the parties agreed to continue with the trial. Another counsel would deal with the continued cross-examination of Kealy, during which time Rusonik would leave the courtroom, but Mr. Rusonik would otherwise continue as counsel on the case. The Court also ordered Mr. Rusonik to have no contact with Kealy outside the courtroom.

This compromise, obviously made to salvage the trial, fell apart when it was discovered that Rusonik had approached Kealy outside of the courtroom. Interestingly, this contact occurred shortly after Kealy refused to identify the person who fired a shot at him on the grounds that he didn't want to become a "rat."

Rusonik ended up in the witness box to explain his actions, and told the court that he had approached Kealy as a "human exchange" due to a concern that Kealy was about to exact revenge against Rusonik and his family. Rusonik testified that someone had recently damaged his car and that he had been involved in some "incidents on the raodway" that caused him concern.

The trial has again been adjourned, this time in order to decide whether there should be a mistrial. We'll weigh in with some comments after the judge makes her decision.

Sincerely,

Clare L. Pieuk
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06 November 2009
Ontario Lawyer Reid Rusonik REID DAVID RUSONIK

From: City of Toronto, Ontario
To be heard: November 25, 2009
LSUC Counsel: Janice Duggan
Lawyer’s Counsel: not represented

Particulars of alleged professional misconduct from the Notice of Application dated April 14, 2009:

1. On or about December 13, 2006, you failed to act with courtesy and respect toward the Court when you failed to comply with requests by the trial judge that:

a) you discontinue challenging TK, a witness whom you were cross-examining, to a physical confrontation; and

b) you discontinue using discourteous language toward TK,

contrary to Rule 4.01(1) of the Rules of Professional Conduct; and

2. On or about December 13, 2006, you failed to act with courtesy and civility when you:

a) challenged TK, a witness whom you were cross-examining, to a physical confrontation; and

b) used discourteous and uncivil language toward TK,

contrary to Rule 4.01(6) of the Rules of Professional Conduct.

Mike Duffy is precisely why Canada needs an elected senate!

CBC Television's Evan Solomon - Politics & Power


Nova Scotia MP Peter Stoffer

Don Martin: Mike Duffy jumps the shark
November 6, 2009 by NP Editor
Full Comment, Don Martin, Canadian politics
It takes considerable effort to become a complete embarrassment.

Congratulations Senator Mike Duffy, you've finally done it.

With his wild rant on a CBC national politics show this week, the television icon has accomplished the difficult feat of offending all those in his parliamentary orbit -- his former journalistic occupation, the Conservative party, senators, MPs and even the prime minister who appointed him.

A New Democrat MP's revelation that the 27 senators given their seats by ‘I'll-never-appoint-senators' Prime Minister Stephen Harper would eventually cost $177-million plus expenses is fair political game.

And, MP Peter Stoffer noted in passing, Senator Duffy racked up $44,000 in travel costs during just three months of unelected service in the Red Chamber.

Poor Mike Duffy. While he relishes his star profile on Conservative fundraising tours, he gets all twisted and bitter when it attracts enemy fire.

So instead of a rational discussion on the value of the new senators to reforming the process, a tuxedo-sporting Duffy appeared on Thursday's Power and Politics show to interrupt, insult and fire innuendo at Stoffer, snarling in disgust as he blasted the popular MP as a ‘faker'.

Now, Duffy calling someone a faker equals pot calling the kettle black.

This is the same Duffy who, as host of his own politics show, presented himself for decades as journalistically neutral, then accepted Harper's $130,000 appointment ten months ago and now devotes his energies to shamelessly shilling for the Conservatives.

That's the definition of fakery for you, particularly given he was appointed after airing that infamous CTV interview with then-Liberal leader Stephane Dion, a bumbling performance credited by some as the turning point of the 2008 election campaign for Stephen Harper.

Not content to merely take Stoffer's report personally, Duffy then blasted it as a political "diversion" for voters in a Nova Scotia byelection Monday where, he hopes, the New Democrats "are going to be trounced because they're fakers."

It's bad enough that Duffy flies around the country, sometimes aboard government Challengers, preaching the Conservative gospel at party fundraisers or at private conferences where he sometimes charges a fee for his thoughts.

But to unleash character assassination drags him to a new partisan low.

"My time as a parliamentarian listening to Canadians is just as valuable as Peter Stoffer, who is a backbencher, who is a faker, who pretends to side with the military in his riding and then votes against them at every turn," Duffy charged.

There are two outrageous themes in that sliming.

MPs from all parties have consistently ranked Peter Stoffer as the least partisan and most personable MP in Canada today. And I'm frankly surprised the Canadian forces haven't rushed to Stoffer's side, because there is no more loyal political footsoldier on military matters than this 53-year-old MP.

It says a lot about Stoffer that the first person to rush to his defence was a Liberal. "When I asked him to come to my riding in London and hold a rally for the troops, he readily agreed even though he was from another party. That's the kind of MP he is," MP Glen Pearson wrote on a blog.

It's not easy for me to write this because Mike Duffy was a personal friend until I derided his appointment to the Senate, but Thursday's antics have cost him any lingering credibility.

Many senators are decent types trying to make intelligent and constructive contributions to public policy.
But Mike Duffy's only value has become that of poster boy for why the Senate needs, at very least, major reform if not outright abolition.

dmartin@canwest.com
National Post

Beware social-networking game players!

Are You Getting Scammed by Facebook Games?
By BELINDA LUSCOMBE
Friday, November 6, 2009
Facebook's FarmVille game

Facebook games — Mafia Wars, FarmVille, Restaurant City — have become surprisingly effective at diverting time wasters among the social-networking crowd. More than 63 million people alone play FarmVille. But now accusations have surfaced that the games can lead some more gullible players, including children, into Internet scams, especially if they have a cell phone.

These offers, generally known in the business as lead-gen (lead generators), will give you some seed/tractor money in return for signing up for, say, a subscription to Netflix or a credit card. But less scrupulous advertisers lure players in with an offer to take a bogus survey or IQ test. Once it's completed they require a cell-phone number to send you the results. When you enter your cell number and create a password, you have unwittingly subscribed to a service you never wanted but will be billed for. If you're a kid, the mysterious charge then appears on the phone bill of the parents, who often find that phone companies will not cancel services from a third-party provider — even if the parent cannot find out who that provider is.

Will O'Brien, general manager of social and casual games at TrialPay, a company that matches advertisers with potential online clients, told the San Francisco Chronicle that offers to swap personal information for virtual cash are designed to reach the young because they're less likely to have a credit card. But they often have cell phones, usually on their parents' plans. Indeed, while Facebook rules state that users must be at least 13, FarmVille seems to be aimed at a youthful crowd, at least by its marketing pitch: "Howdy Ya'll! Come on down to the Farm today and play with your friends ..."

The issue came to a head on November 1 when the blogger Michael Arrington of Tech Crunch confronted some of the advertising providers at a virtual goods summit with accusations of scammy behavior. He blogged about it and also managed to find a former social-networking ad executive who admitted that the industry knew that not all the ads were on the up-and-up.

Mark Pincus of Zynga, the largest and most profitable of the social-networking game companies, (it created FarmVille, Mafia Wars and Cafe World) was quick to respond. "I agree with [Arrington] and others that some of these offers misrepresent and hurt our industry," he wrote on his blog. "We have worked hard to remove bad offers ... Nevertheless we need to be more aggressive and have revised our service-level agreements." He also took down all offers that involve sending a mobile-phone number. Offerpal, the biggest provider of offer advertising, also apparently responded quickly, replacing CEO Anu Shukla, shortly after a video of her confrontation with Arrington surfaced. Other game developers said the accusations amount to nothing more than the rants of an attention-hungry blogger.

According to the Better Business Bureau of Greater San Francisco, 222 complaints have been lodged against Zynga in the last 12 months. But most of these have not been about advertising scams, and Zynga has raised its BBB rating to a B+ from an F. Offerpal has a B rating. Industry figures suggest that roughly 90% of social-networking game players neither spend any real money nor click on any ads. And Facebook and MySpace say they monitor all applications closely and have suspended companies that violate its advertising protocols. In the last several days, both companies have revised their guidelines to be more stringent.

But clearly there's reason for caution. Other Internet entrepreneurs have piped up about the issue. James Hong, who co-founded Hotornot.com, said that even back in 2005 he'd stopped taking the kind of offers that ask for cell-phone numbers or a subscription. "The offers that monetize the best are the ones that scam/trick users," he wrote on his blog. "Sure we had [legitimate] Netflix ads show up ... but I'm pretty sure most of the money ended up getting our users hooked into auto-recurring SMS subscriptions for horoscopes and stuff."

All in all, might be just as well to earn virtual cash the old-fashioned way: by playing for it.

Thursday, November 05, 2009

Comrades, please pay attention!


Please remind us again Ms Fraser who pays your salary?

Thursday, November 5, 2009
Why can't you read it here?
John Ibbitson
----------------------------------------------------------------------------------
A report from Auditor-General Sheila Fraser is all over the web, and the Auditor-General is not happy.

The Globe and Mail published a story from reporter Bill Curry on Tuesday afternoon detailing the A-G’s finding that Canada’s immigration system was rife with confusion and abuse. The Globe referred readers to the full document through a hyperlink, which took them to A-G's website, but also embedded the immigration chapter using Scribd, a social publishing website where readers can download and share millions of documents.

This morning, The Globe received a call from the A-G’s legal counsel, demanding that the embedded Scribd document be taken down. If people want to read the report, said Beth Stewart, they should go to the Auditor-General’s website, and if the Globe wants to provide a link, it should be that link.

“On the Scribd website, it appears, or it makes it appear, that anyone using the document or accessing the document has an ability to adapt the content and use it in different ways,” Ms. Stewart said in an interview. “And that causes us some concerns, as I’m sure you can appreciate.”

It initially appeared that the Auditor-General was demanding that anyone who wanted to link readers to a report had to apply in writing for permission on a case-by-case basis. But in a subsequent interview, Ms. Stewart said that this was not a requirement.

The Globe prefers to use Scribd because it makes documents accessible with fewer clicks and less hassle. Also — and this is entirely a case of self-interest — you don’t have to leave The Globe’s website to read the document. We like to keep you with us for as long as possible.

The incident reveals yet again the tensions between the rights of information holders and the demands of information gatherers in the electronic marketplace. In this instance, The Globe has complied with the government agency’s request.

BIG BROTHER is watching YOU!



Google opens up about what it knows about you
November 5, 2009 by Matt Hartley
Technology, Tech Desk

Ever wonder what Google knows about you and what you do online? Wonder no more.

Early this morning, Google took the wraps off Google Dashboard, a new site where any user with a Google account -- such as a Gmail address -- can log in and see what information and personal data the search engine powerhouse stores concerning their web habits.

On the one hand, it's a useful starting tool for anyone looking to access multiple Google services, such as Blogger, YouTube or Gmail.

At the same time, however, Dashboard provides a sobering look at just how much technology companies like Google -- as well as other search engines and social networking sites such as Facebook -- know about their users and how much personal information Canadians are trusting to the Internet.

"We think of this as a great step towards giving people transparency and control over their data, and we hope this helps shape the way the industry thinks about these issues," said Alma Whitten, Google software engineer on privacy and security. "It's important for people to be aware of what data they have online and to be able to manage that data--Google Dashboard should help to make this a reality."

Dashboard gives users a peek at the data Google collects and stores whenever they use about 20 of the tech company's Web services, and allows users to easily view and change their privacy settings.

Users can find almost anything about their Google use habits, everything from the number of messages in their Gmail inbox and the spreadsheets in Google Docs to the videos they have saved on YouTube and of course, their search history.

The search history tab, for example, shows the last several Web queries performed from that Google account -- provided the user has turned on that function -- but also includes a link Google's search engine privacy policy and offers users the ability to wipe searches from their history.

So that "Taco Bell menu" search you did at 3 a.m. last night can be easily found and erased.

At the same time, the ability to scroll through your personal search history dating back more than a year can be illuminating to say the least. Wondering what Google searches you were doing the day Michael Jackson died or what you were looking for online on New Year's Eve last year? It's all there.

Most of the items include a tab labeled "privacy and security help" which opens a new page containing information on how a user can change their password, keep certain details private or clear items they might not want others to see.

The service also takes the guesswork out of which aspects of their personal information are public and which stay locked up inside Google's databases. YouTube favourite videos for example, are clearly labeled as public.

For more information on Google Dashboard, here's a video explaining how it works from Google.

Rat city fat cats!


NEWSCOM
Recession, foreclosure, blight: It's a good time to be a city rat!
Down-at-the-heels cities, plagued by recession, at risk of rat invasion, study finds.


By Patrik Jonsson
Staff Writer, The Christian Science Monitor
November 4, 2009

Atlanta - While recession, foreclosure, and crumbling urban infrastructure grate on us humans, there's one pretty smart mammal who's living the life of Riley right now: the sewer rat.

American cities are on the verge of a rat invasion, warns small-mammal biologist and self-described "rat pack" member Dale Kaukeinen (in college "all the good animals were taken," he says) in a new study. And redemption, it turns out, is both personal and political.

"The problem of rats is just a symptom of a declining and weakening infrastructure, and it's one of the more visible symptoms of depressed cities struggling to face their problems," says Mr. Kaukeinen in an interview.

Partly to blame are politicians' budgetary choices, the economy, and, yes, even greenie environmentalists who propose wide-open green spaces that, it turns out, usually evolve into urban versions of a Sandals resort for rats.

In the second study of its kind (paid for by d-Con antipest products), New York once again topped the list of rats' favorite cities.

But 162-year-old Atlanta, the city too busy to hate anybody but rats, shot up the ranks to Number 2. A glimpse into why indicates that the plight of those yellow-toothed rodents are closely intertwined with the politics of the day.

The study took into account dozens of environmental, demographic, economic, and political factors, including budgetary priorities. Turns out that rat-friendly Atlanta has one of the highest poverty rates (20 percent) and highest foreclosure rates (five times the national average).

And Atlantans are paying attention. In its mayoral race, one frontrunner's main campaign promise is combatting foreclosure-related blight, which has increased as budgets have been gutted, city finances mismanaged, and building inspectors fired.

Sure, Hollywood likes rats. So do political commentators. Fox News' Glenn Beck recently described White House "regulatory czar" Cass Sunstein as "a man that believes that you should not be able to remove rats from your home if it causes them any pain. Rats could attack us in the sewer and court systems if all of Cass Sunstein's writings became law."

Perhaps more worrying than Mr. Sunstein's concerns for rat welfare is news that scientists have found a way to make rats smarter. (The bumpersticker version: "My rat is smarter than YOU!") Read all about it here.

Even at their current levels of intelligence, rats deserve our respect, says Kaukeinen.

"He's not too big, not too tiny; he's got a good set of teeth and good eyes, good hearing, and he can live in very warm and very cold places," he says. "He's not afraid of people, eats almost anything. They're wild animals, but we don't have to go to the jungle to see them, but just into our own backyards."

Throughout civilized history, the rat has represented a mirror for urban existence, a gauge by which to judge the health, prosperity, and general welfare of cities.

Barring political response and better economic times, Kaukeinen sees a self-reliant counter-revolution to any future rat invasion.

"In an era of dwindling city resources, people are going to have to roll up their sleeves and [rat-proof their properties] on their own," he says.

Or just get a cat.

Bailiffs behaving badly?



Video shows Maricopa County sheriff's employees sneaking a document from the file of a defense attorney.

A Maricopa County detention officer tried to explain Friday why he and a fellow sheriff's office employee swiped a document from a defense attorney's file in a bizarre scene that was caught on courtroom videotape.

Detention officer Adam Stoddard sputtered nervously through his testimony at a hearing in Maricopa County Superior Court, where he was ordered to give reasons for taking the document. For every reason he gave, however, he retreated just as quickly, contradicting himself throughout the two-hour hearing.

The whole thing surrounded a scene that took place in a Maricopa County courtroom on October 19, all caught on a courthouse security tape.

The tape shows Stoddard walking to the defense table during a sentencing that day. He leans over the table and begins reading from a document in the file of defense attorney Joanne Cuccia, who was speaking before the judge and had her back turned to the table.

Stoddard can then be seen motioning to a fellow sheriff's employee, deputy Francisco Campillo, and the two men pull the document from the file. Campillo leaves the courtroom with the document, then comes back moments later and places the original back in the attorney's file. Cuccia quickly figures out what is going on and brings up the issue with the judge.

On Friday, Judge Gary Donahoe, the highest-ranking criminal court judge in Maricopa County, held the hearing to determine whether Stoddard and Campillo had the authority to take the document from the file.

Under state law, an officer can seize evidence or make an arrest if he sees a crime taking place. Essentially, that's what Stoddard said he saw -- or at least what he thought he saw -- at the sentencing of Antonio Lozano on that day.

The detention officer, however, had a hard time sticking to his story.

Heat City was the only media outlet in the courtroom to watch Stoddard get picked apart by veteran Phoenix defense attorney Craig Mehrens and Maricopa County legal defender Maria Schaffer. The two were representing, respectively, the Cuccia and her client, Lozano, whose rights may have been violated by the Maricopa County Sheriff's employees.

At first, Stoddard testified that the document he yanked from the file -- a handwritten letter -- contained "keywords" that led him to believe Lozano was some sort of security risk. Later, however, the detention officer admitted the document had been reviewed by court or sheriff's officials beforehand and was quite literally given a stamp of approval.

"I guess, yeah, he would be legally entitled to have whatever he had on him," Stoddard said, adding that the letter had been "date stamped by a notoriety [sic notary] or the sheriff's office."

Stoddard also said he thought the document might have been somehow illegally passed between Lozano and his defense attorney. But later in the hearing, he admitted that there was really nothing unusual or illegal about a handwritten letter being passed between attorney and client.

The officer then invoked Lozano's gang affiliation as a reason for thinking something sinister might be afoot.

"Lozano is a known associate of the Mexican Mafia," he said. "The organization is known to operate in and out of the jails."

He's right. In fact, a member of the Mexican Mafia was recently accused of convincing two separate defense attorneys to smuggle drugs into the court and jails on his behalf.

But Stoddard later said this wasn't an issue in the case because the paperwork that Lozano brought to court that day had been searched beforehand for drugs or other contraband. Sheriff's officials had found nothing.

And so it went. Stoddard would say one thing to defend himself and then backtrack soon after. On several occasions, he told the court that pulling the document was "standard procedure." Then later, he said it was the first time he had done it during his five years on the job.

By the end of it, it was unclear why Stoddard had really pulled the document.

One of the complication's of the hearing was Donahoe's decision that the handwritten letter falls under attorney-client privilege. Because of that, no one was allowed to talk about the contents of the letter, including the supposed "keywords" that possibly provoked the seizure.

This, Donahoe said, made it impossible for Stoddard or Campillo to mount a defense against a possible contempt of court charge. Donahoe said he would not even consider holding the sheriff's employees in contempt for the seizure unless Lozano waived his attorney-client privilege.

"Unless you're going to let these gentlemen fully defend against it, I'm not going to hold them in contempt," Donahoe said.

Mehrens and Schaffer discussed it, but did not come to a decision. The waiver appeared unlikely.

Donahoe stopped the hearing after two hours, saying it would pick back up again next week. At that time, Stoddard will be questioned by Thomas Liddy, a deputy county attorney representing him and the sheriff's office in court. Campillo, the sheriff's deputy, is also expected to testify then.

Outside of a contempt charge, it's unclear what kind of consequences Stoddard and Campillo are facing if the judge decides they were wrong in pulling the document.

Because of the uproar, Lozano's sentencing for assaulting a fellow inmate was delayed. It's possible Donahoe's decision could affect that case.

http://www.heatcity.org

HEAT CITY - Hard News In The Public Interest From Metro Phoenix

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