Wake up America

US Court Rules Google Must Divulge YouTube Logs Posted: 03 Jul 2008 12:09 PM CDT A U.S. Court has issued their ruling in the Viacom v. Google case where Viacom filed a complaint against Google for copyright infringement. The ruling says that Google must provide Viacom data from their logging database. In the original complaint filed on March 13, 2007, Viacom, which owns MTV and Paramount Pictures, alleged that YouTube, owned by Google, was guilty of copyright infringement. Number two item in the original complaint says: YouTube has harnessed technology to willfully infringe copyrights on a huge scale, depriving writers, composers and performers of the rewards they are owed for the effort and innovation, reducing the incentives of America's creative industries, and profiting of the illegal conduct of others as well. Using the leverage of the Internet, YouTube appropriates the value of creative content on a massive scale for YouTube's benefit without payment or license. YouTubes brazen disregard of the intellectual property laws fundamentally threatens not just the Plaintiff's, but the economic underpinnings of one of the most important sectors of the United States economy. When Viacom filed that original complaint, the said they had identified approximately 160,000 unauthorized portions of their programs on the YouTube website, accounting for over 1.5 billion views. YouTube has since put filtering tools in place to try to prevent copyrighted material from being viewed at their site. The U.S Court denied Viacom's request for YouTube's source code, accepting YouTube's argument that their coding was a"trade secret". The court did rule (25 page PDF) that YouTube/Google must provide Viacom with "all data from the Logging database concerning each time a YouTube video has been viewed on the YouTube website or through embedding on a third-party website." Googles argument against that was that it would allow Viacom to view the viewing habits of millions of YouTube users. Viacom's argument, which the ruling favored, was that it needed to "compare the attractiveness of allegedly infringing videos with that of non-infringing videos. A markedly higher proportion of infringing-video watching may bear on plaintiffs' vicarious liability claim, and defendants' substantial non-infringing use defense." This court ruling overrode concerns presented to the court about privacy issues of YouTube viewers, which the court called simply "speculative". Privacy expert Simon Davies told BBC that this ruling will threaten the privacy of millions of YouTube users, stating, "The chickens have come home to roost for Google. "Their arrogance and refusal to listen to friendly advice has resulted in the privacy of tens of millions being placed under threat." Mr Davies said privacy campaigners had warned Google for years that IP addresses were personally identifiable information. Google pledged last year to anonymise IP addresses for search information but it has said nothing about YouTube data. The Electronic Frontier Foundation (EFF) calls this a "set-back to privacy rights" and calls this ruling "erroneous", stating, "The Court's erroneous ruling is a set-back to privacy rights, and will allow Viacom to see what you are watching on YouTube. "We urge Viacom to back off this overbroad request and Google to take all steps necessary to challenge this order and protect the rights of its users." On the EFF site in an article discussing the court's ruling, they show the type of information that will now be available to Viacom: for each instance a video is watched, the unique "login ID" of the user who watched it, the time when the user started to watch the video, the internet protocol address other devices connected to the internet use to identify the user's computer ("IP address"), and the identifier for the video. It is believed by some that this ruling, while being argued in the United States, could potentially affect YouTube viewers everywhere, not just in the U.S. You can view documents on all actions taken in this case from the filing in March of 20o7, up until this point by clicking the document you wish to view from Justia. .

Third Arrest Of A Party Official Made In The Suspected Satan Worship Abuse Case Posted: 03 Jul 2008 10:14 AM CDT On June 30, 2008, it was reported that two people were arrested on a case that prosecutors allege to be connected to Satan worship as he told a take of dog cages, beatings and rape. Yesterday a third person was arrested in connection with that case. The first report here at Wake up America showed that two people, Joy Johnson and Joseph Craig, were charged with kidnapping, rape and assault and that prosecutors alleged that they were involved with a satanic cult. The prosecution claims that the couple met another man and woman through a shared interest in Satan worship and from there they describe crimes involving being shackled to beds, dog cages, starving the couple, beatings with a cane and a cord and raping the woman. Craig's bond was set at $590,000 and Johnson's at $270,000 in a court in Durham, North Carolina. Both operated a business with a website, which has since been disabled although it is said that the problems are technical and not stemming from the allegations against Craig and Johnson. It was reported also that Jonson was involved in a number of organizations, a couple of which she resigned from after the charges were brought against her. One of those groups was the Durham County Democratic Party to which she held the position of the third vice chair. That is where yesterday's arrest comes in. Diane Palmer surrendered to police on Wednesday and was charged with accessory after the fact of assault with a deadly weapon, and was subsequently released after posting a $30,000 bond Palmer's attorney William Thomas, says that his client "vehemently denies" any association with satanism or cult activities. Where Johnson was the third vice chair of the Durham County Democratic Party in North Carolina, Palmer is the first vice chair of the same organization. She is defended in the media by the Durham County Democratic Party chairman, Kevin Farmer, who says, "Diana is extraordinarily trusting and caring. I don't think she would ever knowingly do anything wrong." When Johnson resigned her position as third chair, she also resigned her position as vice-chair for the Young Democrats, which is another organization. Johnson's resignation was announced by the state Senator Floyd McKissick, who described Johnson as, "very open, reasonable, responsible person", then further added that everyone who knew her was shocked at the allegations. McKissick speaks of this latest arrest as well saying the arrest of Johnson and Palmer are "an isolated incident" and that he doesn't expect any other Democratic Party activists to be implicated in this case. In looking for more information about this case, I ran across an article from ABC News that described the original allegations against Johnson a little more clearly, saying her charges stem from her "instigating and encouraging" her husband as he allegedly forced the handcuffed male into a cage. That article also describes a little more about what Palmer is accused of doing, after the fact: A Durham police spokeswoman said Palmer attempted to take objects from the house where the alleged crimes took place but would not elaborate. The charges leveled at Craig are, three counts of second-degree kidnapping, one count of second-degree rape, one count of second degree forcible sex offense and two counts of assault with a deadly weapon inflicting serious injury. The charges against Johnson are several counts of felony aiding and abetting. The case has been laid out, the arrests made and charges filed, but in researching the accusers allegations, there seems to be some things that would lead to skepticism about their claims. Due to the serious nature of the charges as well as the fact that two Durham County Democratic Party officials are involved, it bears noting some inconsistencies being reported. The unnamed accusers originally stated that they met Johnson and Craig because of their "shared interest" in Satan worship. The accusers also admit that they met Craig and Johnson online and went to their home voluntarily, but that they had not consented to the abuse. One specific line stands out from the ABC News article, page two, which says "Both alleged victims listed Craig and Johnson's address as their own." In another report from the Charlotte Observer, we see that the allegations stem not from just one incident but, according to court documents that were filed, occurred in December 2007 and in January and May. The shared addresses indicate that this group of at least four lived together, the dates listed indicate that it was an ongoing association and/or relationship with sexual overtones. With these specifics brought into the equation, is it not possible that this was a Dominant/submissive- BDSM type relationship, gone very bad, and not related to Satan worship at all? .

ACLU And EFF Sue Justice Department To Uncover Records Of Cell Phone Tracking Posted: 03 Jul 2008 09:39 AM CDT Crossposted from Stop the ACLU: A lot of paranoia is going on about this one, and the ACLU have found another tree to bark at the government on. The American Civil Liberties Union and the Electronic Frontier Foundation (EFF) filed a lawsuit today urging a federal court to order the Department of Justice (DOJ) to turn over records related to the government's use of people's cell phones as tracking devices. The ACLU filed a Freedom of Information Act (FOIA) request for the records in November 2007 following revelations that federal officials are using Americans' cell phones to pinpoint their locations, sometimes without a warrant or any court oversight. The DOJ has failed to release the documents or provide an adequate response to the request. "This is a critical opportunity to shed much-needed light on possibly unconstitutional government surveillance techniques," said Catherine Crump, staff attorney with the ACLU and lead attorney on the case. "Signing up for cell phone services should not be synonymous with signing up to be spied on and tracked by the government." The ACLU submitted the FOIA request to the DOJ after media reports revealed that some government officials claim not to need probable cause to obtain real-time tracking information from people's cell phones. The reports also suggested that some federal law enforcement agents have obtained tracking data directly from mobile phone service providers without any court oversight. The request for information includes documents, memos and guides regarding the policies and procedures for tracking individuals through the use of their cell phones, as well as information about the number of times the government has applied for cell phone location information without establishing probable cause and how many times it has been granted. Don't jump on the paranoia bandwagon on this one, the case is far from clear cut. Nothing is being searched. Their is no seizure of anything private. People can be followed without a warrant. So why would a warrant be needed to know someone's location? Mark Adams at American Street makes these points and more: Now just calm down and think for a minute. They could follow you without a warrant. They could ring your doorbell to see if you answer without a warrant. They can set up a stake out across your street and monitor your coming and going without a warrant. They can check your garbage and find out where you picked up the take out you had for dinner without a warrant. If you leave your home, you are by definition "out in public." Where's the expectation of privacy when you are in public? If you're not out in public, you must be at home or where-ever you went when you left home and went out in public to get there. Location is a status, not a thing to be seized or a conversation that can be intercepted. You don't need a warrant to find out someone's status: alive or dead, male or female, felon or clean record, physical description, valid or suspended license — home or roaming the public streets. Indeed, people do not have an expectation of privacy when travelling in public. If so, they need help other than legal. AJ Strata weighs in: Note how the ACLU and these folks never put context around the question of invasion? All US Person require warrants when they are the Target of surveillance. The Target can have ALL their communications monitored. Contacts only have those communications monitored that are with a designated and authorized Target. The entire NSA-FISA flap was created over the mythology that there were no "Contacts" in the US when it came to overseas communications and terrorists. It was a naive and suicidal blurring of the reality of today's threats and communications systems. Why would we allow the concept of a "Contact" to be valid inside the US only? Prior to 9-11 the rule was, when it came to international terrorists overseas, there were no "Contacts" - you could not record the number, the location or the contact. And that resulted in two things: (a) we, in the form of our fellow citizens at the NSA, had detected the 9-11 highjackers here in America, and (b) we deleted the information that would have probably avoided the deaths of 3,000 innocent people just getting on with their lives one sunny day in September, 2001. Only fools pretend we are not at war with terrorist and that all efforts aimed at terrorists are aimed at these fools. So, who is fear mongering and who is protecting us? Well, since 9-11 there has been no successful attack on the US (here or on our Embassy soil overseas). There have been plenty of attacks, but no successful ones. Fact vs fiction. Related: Judge Throws Out Wiretap Suit From Suspected Al Qaeda Charity .

"...being a veteran...NOT a qualification to be President...." Posted: 03 Jul 2008 01:40 AM CDT That quote is part of an email from Vets for Freedom. You can bet that they have been watching the disrespect paid to veteran Senator McCain. And yes, they have lots to say: As we all prepare to celebrate the 232nd birthday of this great nation, we as veterans have a duty and solemn responsibility to honor all of those who have worn or are currently wearing the uniform of the United States of America. Among the millions who share this common bond, 31 Presidents have had the honor and privilege of serving in our Armed Forces. Today, as sacred guardians of our constitution, we are shocked that United States Senators and trusted loyal advisors to presidential candidates think that being a veteran and fighting for America is NOT a qualification to be President. If service to one's country in armed combat is not a qualification to be Commander in Chief, what is? For several months now we have observed the irresponsible judgment of some of Senator Obama's most trusted and loyal advisors as they have unfairly attacked the notion that a veteran is not qualified to serve as President. Here are several examples of this poor judgment by Obama's supporters and advisors: * "I don't think riding in a fighter plane and getting shot down is a qualification to be President." – General Wesley Clark, Obama Advisor and Surrogate, June 29, 2008. * "Everything is looked at from his life experiences, from always having been in the military, and I think that can be pretty dangerous…it's one thing to have been drafted and served, but another thing when you come from generations of military people and that's just how you're steeped, how you've learned, how you've grown up." – Senator Tom Harkin, May 16, 2008. * "... I think that the notion that the members of the Senate who were in the ground forces or who were ashore in Vietnam have a very different view of Vietnam and the cost that you described than John McCain does because he was in isolation essentially for many of those year…So I think ... to some extent his national security experience in that regard is sadly limited…" – Rand Beers, Obama Foreign Policy Advisor, June 30, 2008. * "McCain should calm down"..."on using military service…" – Senator Jim Webb, Obama Supporter, July 1, 2008.... Yes, that is MY emphasis. Now, you all are probably better-versed in the history of the US than I am (you BETTER be!), but it seems that this "being a veteran does not qualify anyone to be President" is a non-starter to me, and apparently to many. I have long said, that with all our current servicemen and women returning home, I anticipate many of them continuing their service to their country, and stepping into the political arena. Why they would even consider entering the cesspool that is US politics is another question for another day. But the fact is, anyone who has seen combat as they serve their country with honour, has the patriotic credentials. And yes, VFF has something to say about that. It seems the veterans ARE stepping forward and heading in to politics: Yesterday, Vets for Freedom rolled out the endorsements of 5 more candidates running for the United States Congress, most who have worn the uniform, all who strongly believe in the mission of our organization, as well as our nation's efforts in Iraq, Afghanistan and the Global War on Terror. Our candidates include extraordinary Americans – patriots such as Tom Manion, who spent 20 years in the United States Marine Corps and who gave his son in service to our country. I encourage you to watch his VIDEO made in honor of his son Travis, who lost his life in Iraq in 2007. Below are all of our candidates – help us support them by visiting their websites. Tom Manion (PA-08) is a former Colonel in the Marine Corps, successful business executive, and Gold Star Parent whose son was killed in Iraq. Steve Stivers (OH-15) is a Lieutenant Colonel in the Army National Guard who was awarded the Bronze Star for actions in OIF. Jeff Beatty (Senate–MA) is a former member of Delta Force, to FBI Hostage Rescue Team, to CIA's Counter-Terrorism Center. Mike Rocque (NY-20) is a former officer in the Green Berets and Delta Force. Allen West (FL-22) is a former LTC who served with distinction in Operation Desert Storm, Operation Iraqi Freedom, and Operation Enduring Freedom, earning a Bronze Star, three Meritorious Service Medals, three Army Commendation Medals (one with Valor), and a Valorous Unit Award Lee Zeldin (NY-1) served in Iraq with the 82nd Airborne Division and continues to serve as a Captain in the Army Reserves. Duane Sand (ND-At Large) is a Commander in the Navy who served in Iraq, and aboard 3 nuclear submarines throughout the 1990's Kent Greenough (TN-04) is a former Marine whose family emulates service to ones country. Tom Rooney (FL-16) served as an Army JAG for four years before teaching Constitutional and Criminal Law at the United States Military Academy at West Point. Duncan Hunter (CA-52) signed up to serve our country the day after September 11th, and served two tours in Iraq and one in Afghanistan with the United States Marine Corps. He remains in the Marine Reserves. John Cornyn (Senate–TX) is a first-term Texas Senator who is active in the Senate Armed Services Committee and a strong supporter of veterans and active duty military. Dean Andal (CA-11) is a strong supporter of the military and veterans, and is a member of the Employer Support Council for the US National Guard. Mark Ellmore (VA-08) is a Red Star parent whose son is currently deployed overseas in the Air Force. All of these men have either worn the uniform or understand what is at stake in the Global War on Terrorism, and will fight for victory if elected to Congress. Please visit our website for more information.... And yes, VFF PAC has much more to say. Check them out here, and see how YOU can engage in the political process. Brat Cross-posted at Miss Beth's Victory Dance, Tanker Bros and Assoluta Tranquillita .

30 Years of Useless Politicians on Oil Posted: 02 Jul 2008 08:25 PM CDT Crossposted from Stop the ACLU This is pretty sad. So, don't get your hopes up on any of these politician empty promises. Its time to come together with one voice and demand that Congress do something, and I'm not talking about nationalizing oil. Drill here, drill now! .

BREAKING: 12-year-old, Brooke Bennett Found Dead Posted: 02 Jul 2008 05:12 PM CDT (Brooke Bennett-MySpace photo) A tragic end to a tragic story. Police have been searching for 12-year-old, Brooke Bennett, who was last seen on Wednesday morning on June 25, 2008. Television news reports are saying right now that they found the child, dead. As of yesterday the police were searching Michael Jacques, a registered sex offender's home while he was being arraigned on sex charges in a case not related to Brooke's disappearance. Jacques was one of the last people seen with Brooke before she vanished. There have been rumors flying in the town that her uncle had been molesting and/or raping her since she was 9 years-old. I will update with more details on where she was found and by whom when I have them. Until then, more can be found on the previous investigation over at Fox. It seems that while investigating Jacques, the police ran across information that led them to arrest Ray Gagnon, who is Brooke's step-father. He is suspected of sexually assaulting another child in 2007. Yesterday it was reported: Federal agents are preparing to also charge Gagnon, of San Antonio, with obstruction of justice for destroying evidence in the Brooke Bennett investigation, FBI Special Agent John Pikus said. The story is not up yet but Fox News has the orange Breaking banner saying "Vt. Police Say Missing 12-Year-Old's Body Found." When they write it up, I will provide the link. (Link from WCAXTV News) Police believe they have found the remains of Brooke Bennett, 12, of Braintree. Police say the remains were found on property on Crocker Road in Randolph near the home of Michael Jacques. Police found ground there that had been recently disturbed yesterday. Today, a search found the body there. Police say Brooke's body was recovered at 4:45 p.m. An autopsy will be performed in Burlington to confirm it is Brooke and to try to find the cause of death. Police do call the death suspicious. Brooke's family was notified of the discovery. Federal authorities announced they will charge Jacques with kidnapping Brooke and now that her body has been found, it is safe to assume that further charges will be following. Sex rings, child abuse, sexual abuse, rape and now murder.... this poor child. May she rest in peace. .

Is Watermelon the New Viagra? Posted: 02 Jul 2008 04:25 PM CDT Not really, but it does have an ingredient called citrulline that helps relax the blood vessels like Viagra does, according to scientists in Texas. Found in the flesh and rind of watermelons, citrulline reacts with the body's enzymes when consumed and is changed into arginine, an amino acid that benefits the heart, and the circulatory and immune systems. "Arginine boosts nitric oxide, which relaxes blood vessels, the same basic effect that Viagra has, to treat erectile dysfunction and maybe even prevent it," said Bhimu Patil, a researcher and director of Texas A&M's Fruit and Vegetable Improvement Center. "Watermelon may not be as organ specific as Viagra, but it's a great way to relax blood vessels without any drug side-effects." The nitric oxide also can help with angina, high blood pressure and other cardiovascular problems, according to Patil. Side effects, you go to the bathroom more because watermelon is a diuretic and was a homeopathic treatment for kidney patients before dialysis became widespread and it adds a lot of sugar into your system. Beats some of the side effects from the medications seen advertised on television just about every hour on the hour though. The buzzkill comes from Todd Wehner, who studies watermelon breeding at North Carolina State University, who says, "It sounds like it would be an effect that would be interesting but not a substitute for any medical treatment." You would also have to eat a whole heck of a lot of it to have any effect on boosting the body's arginine level. Still....interesting. .

Conservative Christians Come Home to John McCain Posted: 02 Jul 2008 03:49 PM CDT Christian leaders from around the country have united behind John McCain and thrown their support to him. At a meeting Tuesday in Denver, about 100 conservative Christian leaders from around the country agreed to unite behind the candidacy of John McCain, a politician they have long distrusted, marking the latest in a string of movement that bodes well for McCain's general election prospects among the Republican base. "Collectively we feel that he will support and advance those moral values that we hold much greater than Obama, who in our view will decimate moral values," said Mat Staver, the chairman of Liberty Counsel, a legal advocacy group, who previously supported Mike Huckabee's candidacy. "There are people who came through the primary with very mixed emotions of the candidate," Staver continued, noting that many in the group had been in Denver to attend a separate meeting for pastors. "This event was to put those aside." The group included leaders like Phyllis Schlafly, the long-time leader of Eagle Forum; Steve Strang, the publisher of Charisma magazine; Phil Burress, a prominent Ohio marriage and anti-pornography activist; David Barton, the founder of WallBuilders and Donald Hodel, a former secretary of the Interior, who previously served on the board of Focus on the Family. Jim Dobson, the head of Focus and an outspoken critic of McCain, did not attend. The McCain campaign was also not directly represented at the meeting. The Christian conservatives made their feelings and their concerns known, as they right should have done, but when all is said and done it came down to who they trusted more on the issues that were important to them and while McCain and the Christian right have had their ups and downs, they have decided that Barack Obama is unacceptable to them and as one person put it: "None of these people want to meet their maker knowing that they didn't do everything they could to keep Barack Obama from being president. "You've got these two people running for president. One of them is going to become president. That's the perspective. That that's the whole discussion." The article goes on to mention that even those that have been critical of John McCain in the past are not speaking out loudly about the need to unite behind him for the position of President of the United states of America. With this support, given now, with months still to go in the general election campaign, it gives these groups the opportunity to help McCain shore up his far right conservative support. In the month of May, John McCain and Barack Obama were very close in donations to their campaign with Obama raising $22 million in May and McCain reported raising $21.5 million in May. Remember also that it was reported that the RNC has 13 times the amount of money in the bank to help McCain than the DNC does to help Obama. This support from the conservative Christians will help with McCain's fundrasing because this is a bloc that votes, gives, and goes all out for the candidates of their choice once they have decided to unite behind them. .

Stimulus Checks Worked, Rise in Porn Sales Since Checks Arrived Posted: 02 Jul 2008 02:37 PM CDT The whole idea behind the stimulus checks that were issued was to promote spending to help the economy. It worked because people spent their newfound cash. But where they spent their money might surprise President Bush and Congress. AIMRCo (Adult Internet Market Research Company) is an independent market research firm that discovered that many websites that deal with "erotic" or "adult" material have shown an increase in sales and memberships and/or membership renewals, since the stimulus checks hit mailboxes across America. The economic stimulus plan, which includes a check for up to $600 for individuals and $1200 for married couples (among other benefits), is the product of an agreement between House leaders and the Bush Administration, focused on reviving a struggling economy in the wake of a flagging economy. According to the Head Research Consultant for AIMRCo, Kirk Mishkin, "Many of the sites we surveyed have reported 20-30 percent growth in membership rates since mid-May when the checks were first sent out, and typically the summer is a slow period for this market." One of those sites that reported the figures to AIMRCo was LSGmodels.com and the spokeswoman for them is Jillian Fox, she asserts that in a June 15, 2008 survey given to their members "thirty two percent of respondents referenced the recent stimulus package as part of their decision to either become a new member, or renew an existing membership." Fox concludes by stating, "Getting more people to buy porn was probably the last thing Bush had on his mind when he came up with his 'stimulus package,' but we'll take it." Hysterical! .