Another Problem with Massive Amounts of Government Data

While I want to make clear that I do not like CAFO’s, I also want to make it even more clear that I do not at all appreciate terrorism, theft, destruction of property and harassment. Also, as some of you have heard me speak about, I have been involved in attempting to get information on Morningland Dairy from my own state’s agency for over four months. None of that information could possibly be deemed to be used to terrorize anyone with. Simple transparency in governmental actions is the desire behind the request for my FOIA on Morningland….More about that tomorrow.

What I want to share with you is the result of the EPA showing exceptional and dangerous favoritism to animal rights activists. Please read this article and share it with anyone you think may have an interest in protecting privacy.

January 14, 2014 6:30 PM

The EPA’s Privacy Problem
Farmers and ranchers sue after the EPA releases confidential information to environmental groups.

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The fire at San Joaquin Valley’s Harris Farms burst out suddenly and rapidly, consuming 14 trailer trucks in the dawn of January 8, 2012. Wreaking more than $2 million in damage, it constituted one of the biggest acts of agro-terrorism in American history.

An anonymous news release issued by the Animal Liberation Front, a radical animal-rights group, explained that unnamed activists had placed containers of kerosene and digital timers beneath the trucks, linking them with kerosene-soaked rope to carry the fire down the row, “a tactic adapted from Home Alone 2.” The statement concludes threateningly: “until next time.” The perpetrators remain uncaught.

Two years later, farmers and ranchers in 29 states worry they’ll be similarly attacked; last year, the Environmental Protection Agency released to environmental groups extensive personal information about 80,000 to 100,000 agricultural operations.

The data released included names of owners, addresses, global-positioning-system coordinates, phone numbers, e-mail addresses, and, in some instances, notes on medical conditions and inheritances. Though environmental groups had requested information about “concentrated animal feeding operations” — “CAFOs” in the bureaucratic lingo, and “feedlots” in the vernacular — some of the information released clumped in data about crop farms, too.

Farm groups say the EPA violated farmers’ and ranchers’ privacy, increasing their risk of agro-terrorism as well as harassment or litigation from animal-rights and environmental activists. The EPA has admitted to having improperly released farmers’ data on two occasions, and has twice attempted to claw back those records.

The American Farm Bureau Federation and the National Pork Producers Council are now suing the EPA to prevent it from releasing even more information. Though it hasn’t been much covered, the case has significant implications regarding privacy. It also raises questions about whether the EPA acted politically, cooperating with environmental groups to help them achieve long-term regulatory goals.

“This is really important to farmers and ranchers because this is not just a place of business — this is where they live, this is where their children play,” says Danielle Quist, senior counsel for public policy at the American Farm Bureau Federation. “We are not opposed to transparency in agriculture. In fact we are a huge supporter of transparency. But that’s not what we’re talking about with this lawsuit. All citizens in this country deserve the protection of their private home information. Our farmers and ranchers deserve that same protection.”

Agro-terrorism is a primary concern, say agricultural groups, but there are others: Because the information released is so comprehensive, some worry that it may be used by activist trespassers or scoured over by class-action litigators who could profit from suing feedlots for any shortcomings.

Ashley McDonald, environmental counsel for the National Cattlemen’s Beef Association, tells National Review Online that “we’ve actually heard from folks that, yes, there has been some suspicious activity that they think might be tied to [the EPA] release.” And Grace Boatright, legislative director for the National Grange, says it has been “pretty disconcerting for families to have their private information accessed by groups that have made it pretty clear they don’t agree with all their current business practices.”

Yet environmental groups say the data collected and released by the EPA is standard for other industries and that farmers and ranchers shouldn’t be treated exceptionally.

“Sometimes the owner or the operator of the facility lives at the facility, so I think that’s given rise to some questions about personal privacy,” says Eve C. Gartner, staff attorney at Earthjustice’s Northeast office. “But it does seem to me like a very difficult question: If someone chooses to locate their home at an industrial facility, does that automatically mean that everything about that facility becomes private?”

Animal-rights activists claim the feedlots systemically abuse animals. PETA, for instance, cites everything from manure smells that cause cows “chronic respiratory problems, making breathing painful” to “a highly unnatural diet” that causes “chronic digestive pain — imagine your worst case of gastritis that never goes away.”

Environmental groups say feedlots increase emissions, cause pollution, and contaminate drinking water. Jon Devine, the senior attorney at the water program of the Natural Resources Defense Council, recently wrote that such operations “generate nasty waste” because “animal manure contains bacteria, viruses and other pathogens, as well as organic compounds, heavy metals, antibiotics, pesticides, and hormones.”

Farm groups dispute these claims, questioning the environmental effect and highlighting improved humane practices with respect to feedlot animals.

Regardless, environmental and animal-rights groups have long sought more federal control of CAFOs, pushing for two specific policy goals: requiring the government to collect extensive data about feedlots, and requiring feedlots to be regulated and permitted under the Clean Water Act.

In the last decade, the EPA has mounted a largely unsuccessful effort to increase permitting requirements for feedlots. But environmental groups were able to work out a settlement with the agency in 2010, compelling it to begin collecting CAFO data.

FrankenPhood Fights Hawaii GMO Constraints

In the continual battle for the right to not be invaded with bacterial or viral plants, those of us wishing to keep nature as close to undefiled as possible are gaining a larger percentage of the population and being defeated by the global govicorp entirely too often. Hawaii is dealing with this more than most now. Here’s an article about it:

Biotech Companies Fight Against Hawaiian Anti-GMO Law

The battle rages on between the deep pockets of agribusiness and the resilience and growing numbers of those against the genetic alteration of our food. In a desperate attempt to stop the spread of anti-GMO laws in Hawaii, DuPont, Syngenta and Agrigenetics, Inc. have filed a lawsuit against Kauai’s ordinance restricting GMO use.

The law in place since last November on the island of Kauai requires disclosure of pesticides and GMO varieties, and also maintains GMO and pesticide-free ‘buffer zones’ surrounding homes, hospitals and schools. Seems more than reasonable, right? Not according to the three biotech giants, who have filed suit in Honolulu district court, claiming that the law is ‘unconstitutional.’

Not only do DuPont, Syngenta and Agrigenetics want to repeal this law, they are also seeking an injunction which would permanently prohibit its enforcement.

Syngenta spokesperson Paul Minehart said, “the ordinance is invalid. It arbitrarily targets our industry with burdensome and baseless restrictions on farming operations by attempting to regulate activities over which counties in Hawaii have no jurisdiction. These activities are already regulated by governmental agencies under state and federal laws.”

However, just because GMOs are federally approved does not make placing restrictions on them “baseless.” The Institute for Responsible Technology (IRT) points to multiple studies that have associated GMOs with major health issues including immune system problems, changes in organ systems including the digestive system, infertility, insulin regulation complications and antibiotic resistance.

On this new lawsuit by the three biotech companies, Kauai County Councilman Gary Hooser, one of the council members who introduced the anti-GMO law, commented, “they chose to use their money and legal power to bully us in the courts. These companies do not want our county to set a precedent that other communities are going to follow.”

Indeed, Kauai’s example is being followed. A month after the Kauai bill became a law, a law on Hawaii’s Big Island was enacted prohibiting any new GMOs to be grown. Maui has a similar legislation to Kauai’s currently making its way through the courts. Additionally, almost half of all US states have some form of GMO labeling legislation in the works.

gmoDuPont, Syngenta and Agrigenetics, Inc. are afraid that losing their grip on Kauai will mean losing their grip on many other locations. Part of the lawsuit states that Kauai provides, “the invaluable opportunity to triple or quadruple the pace of development of GM crops.” This is exactly what health-conscious consumers hope to stop.

The GMO manufacturers are scared. They may continue feeding money into similar lawsuits, but eventually they will have to concede to the fact that the tides are shifting against them, and realize that more and more Americans want nothing to do with GMOs.

-The Alternative Daily

Tasmania Remains GMO Free!

Maybe I’ll move to Tasmania.

Tasmania Extends Ban on GM Crops Indefinitely

In a victory for the GMO Free movement in Australia the Tasmanian Government announced Thursday that it has extended the state’s ban on genetically modified crops and animals indefinitely.

Tasmania, the only state in Australia that has a blanket ban on GM crops, has been GMO free since 2001, however the moratorium was set to end in November 2014.

Following a very clear consultation process with local farming and environmental groups, the Tasmanian government decided to announce Thursday that it would continue to protect Tasmania’s clean and green brand by extending the ban indefinitely.

Deputy Premier Bryan Green told ABC that making the ban indefinite will protect the state’s GMO-free brand.

Federal Senator Lin Thorp, who has led the push against GM in Tasmania and was a member of the state government that introduced the moratorium in 2001, said that Tasmania, as an island, can use its isolation and clean environment to “overcome the tyranny of distance and the difficulties of the size of our ventures” by producing GM-free food “that people are prepared to pay a premium for”.

The state’s agriculture industry bodies were also mostly united in their support for maintaining the moratorium. Tasmania’s honey growers even threatened to cease crop pollination services if the ban ended because GM contamination would have destroyed their lucrative European and Asian markets.

Most Tasmanian farmers have not taken an ideological position on GMOs. They have simply judged that GMO Free products give them a huge advantage, a view that is being supported by more and more farmers worldwide.

Tasmania’s Unique GMO policy:  

  • Prohibits use of gene technology in commercial agriculture, horticulture, forestry, fisheries, bioremediation and pets;
  • Does not apply to gene technology use in contained research and medical or non-agricultural industrial use where there is no risk of release to the environment;
  • Allows specific authorisation of some types of research if risks of escape of GM organisms to the environment is low enough;
  • Prohibits import of viable GM organisms which could establish in the environment (eg GM canola seed);
  • Does not prohibit import of non-viable materials derived from GMOs (eg feed containing GM soya bean meal);
  • Continues the eradication program at former trial sites at which residual GM canola occurs;  and,
  • Supports continued Tasmanian participation in national GMO and food safety regulation systems.

A Must Read Book: “One Second After”

Okay, I know this is a little late for the release of this book. I put off reading it largely because it has a foreward by Newt Gingrich. I’m sorry, but I really don’t think very highly of him as I actually recall many of his serious, and in my mind criminal, financial snafus. Nonetheless, this book is an incredible book. If anyone needs a kick in the rear to motivate them to prepare for any kind of disruption in our services, this book will provide the clarity to get at least some action out of any thinking human being.

Buy This Book!!!

“One Second After” is actually the best EMP scenario fictional book I have encountered, and there are a fair amount of them out there. While there are some far fetched aspects to this book, it is far from loaded with them. Also, it isn’t loaded with continuity and grammatical errors that plague many ebooks, so it reads very well. The story is clear and yet poignant. Most importantly, it drives home how fragile our lives are because of our policies on agriculture and our centralization of production and distribution.

As horrific as an EMP would be, the fact that we could weather any tragedy better if we had myriads of diversified small farms all across the country stands out clearly in this book. We could mostly live without a great many of our modern conveniences, although sanitation via running water and refrigeration are things that I definitely wouldn’t want to do without…and they also help tremendously with keeping people healthy and prevent quick spoilage of food.

The issues brought into sharp relief in this book are things that we could largely alleviate by preparing ourselves and encouraging our neighbors and communities to prepare as well. Food will never be less expensive than it is now. Dry canning will preserve flours and grains as well as pasta for a very long time. Up to 20 years is the reported shelf life on dry canned grain stuffs. You can’t just grow all your own grains without seeds and knowledge of how to do it either….so buy seed and learn what you can.

Small greenhouses and garden plots everywhere would provide sustenance for many. Growing edible landscapes instead of purely ornamental yard plants could stave off starvation. Windowsill gardening and sprouting grains with a good reserve of back stock could be the difference between life and death. Knowing your neighbors and developing community exchanges for food and other necessities is an absolute must. Not just in case of an EMP, but any breakdown in our hyper-dependent system.

Bottom line is that I challenge the most resistant to prepping person in this country to read this book and defend their desire to not be bothered by the fact that our system is so dependent upon transportation, communication and constant electricity and computer interfaces. Mess with any one of these critical components and the whole thing is jeopardized. “One Second After” drives that home.

By the way, I have zero financial interest in promoting this book. I simply want people to live and see how tremendously fragile our system is.

 

Obama Administration: “Heads I win, tails you lose”

Headquarters of the National Security Agency

The Department of Justice regards American citizens as “nothing more than rabble,” charges the attorney who won a legal challenge to the National Security Agency’s spy-on-Americans program called PRISM.

The DOJ moved Wednesday to block the plaintiffs in the case brought by attorney Larry Klayman, founder of FreedomWatch, against the NSA’s telephone call-tracking program.

In its motion filed with U.S. District Judge Richard Leon, who earlier issued an injunction against the spy program and called it “Orwellian,” the government is asking that the judge halt any further proceedings while an appeals court examines the ruling that said the government was violating the Constitution.

Klayman said the move wasn’t exactly a surprise in light of the government’s spying on Americans and its reluctance to provide information about the programs.

“This is a further attempt to keep information about the biggest violation of the Constitution in American history from the American people. It’s an outrage,” he said.

He said the Obama administration has the perspective of “heads I win, tails you lose,” and its attitude is: “We control all the information and the American people be damned. They don’t have rights.”

Klayman said he already had requested a status conference on the case, asking the court how to proceed with discovery in preparation for trial.

The government move reveals its true attitude, he said.

“It’s important for the American people to see how the government treats them and views them. We’re nothing more than rabble,” he said.

Politico reported on the government’s motion, which argued: “Further litigation of plaintiffs’ challenges to the conduct of these programs could well risk or require disclosure of highly sensitive information about the intelligence sources and methods involved – information that the government determined was not appropriate for declassification when it publicly disclosed certain facts about these programs.”

The information actually was disclosed when former NSA contractor Edward Snowden leaked details of the program.

The DOJ argued that if the litigation proceeds, “it will ultimately become necessary to conclusively determine, as a factual matter, whether plaintiffs have established their standing to challenge NSA’s alleged interception of the content of their communications, and collection of metadata about those communications.”

“Further litigation of this issue could risk or require disclosure of classified national security information, such as whether plaintiffs were the targets of or subject to NSA intelligence-gathering activities, confirmation or denial of the identities of the telecommunications service providers from which NSA has obtained information about individuals’ communications, and other classified information.”

But that’s exactly the point of his lawsuits, Klayman says: to find out the details of the programs and whether the government, in its alleged pursuit of information about terror activities, has been violating the constitutional assurances of Americans’ privacy.

The government is alarmed at that aim.

“Plaintiffs have indicated in their pleadings (and during argument on their motions for preliminary injunctions) that they intend to pursue discovery to obtain ‘full disclosure and a complete accounting’ of what the government defendants (and other defendants in these cases ‘have done [or been] allowed to do’ in connection with the challenged NSA intelligence programs; ‘identification of any and all ‘targets’ subject to defendants’ surveillance’ and production of ‘all other relevant reports, risk assessments, memoranda, and other documents,’” the government said.

But the Obama administration said it had to keep all that information secret or risk “exceptionally grave damage to national security.”

DOJ lawyers said they would oppose allowing Klayman or anyone else “access to classified information.”

The DOJ is asking Leon to halt proceeding while there are appeals of his ruling that the government likely is violating Fourth Amendment.

The government apparently doesn’t want to release any information, even if that’s the case.

“Even if the mere collection of information about plaintiffs’ communications constitutes a Fourth Amendment search … conclusively resolving the reasonableness of that search ultimately could risk or require disclosure of exceptionally sensitive and classified intelligence information regarding the nature and scope of the international terrorist threat to the United States, and the role that the NSA’s intelligence-gathering activities have played in meeting that threat,” government attorneys warn.

Josh Gerstein at Politico noted: “Klayman’s past litigation has been known for being as impactful and sometimes more impactful in the discovery phase, where lawyers demand documents and conduct depositions, as in its ultimate outcome. So, the government’s desire to head that process off for now, and perhaps entirely, is understandable.”

WND reported just days ago that several states are working on plans to resist the NSA operations, strategizing on ways to make the information unusable even if the NSA collects it.

According to the Tenth Amendment Center, lawmakers in Missouri are proposing to amend their state constitution. Their plan would add “and electronic communications and data” to the provision that provides privacy and security for residents.

If changed by voters, it would read: “That the people shall be secure in their persons, papers, homes [and], effects, and electronic communications and data, from unreasonable searches and seizures; and no warrant to search any place, or seize any person or thing, or access electronic data or communication, shall issue without describing the place to be searched, or the person or thing to be seized, or the data or communication to be accessed, as nearly as may be; nor without probable cause, supported by written oath or affirmation.”

The Joint Resolution, pending before the state Senate, proposes allowing Missouri voters to decide next November whether or not to amend their constitution.

According to the Tenth Amendment Center, federal judges and lawyers may squabble over the constitutionality of the NSA data-gathering, but lawmakers could make it impossible for any information obtained to be used in those states.

In Kansas, Rep. Brett Hildabrand, R-Shawnee, prefiled a bill that would “ban all state agencies and local governments in the state from possessing data ‘held by a third-party in a system of record’ and would prohibit any such information from being ‘subject to discovery, subpoena or other means of legal compulsion for its release to any person or entity or be admissible in evidence in any judicial or administrative proceeding.’”

The access the data, under the bill, government would be required to obtain “express informed consent” or a warrant.

In Kansas, it’s called the Fourth Amendment Protection Act.

“I want to make sure that electronic privacy in Kansas is protected in the same way that physical letters in the mail are protected from random government searches,” Hildabrand told the center. “Each day, we hear a new revelation about how the NSA is violating our personal privacy. My bill will ensure the state of Kansas doesn’t utilize this illegally obtained data.”
Read more at http://mobile.wnd.com/2014/01/obama-moves-to-block-nsa-slayers-lawsuit/#Ru2FgeMfYVWafTbI.99

Digesting Regulations–I’m a Pet Store…or a Dealer, or a Breeder, or Not, or What???!!!

USDA’s APHIS, the same illustrious service that brought us the NAIS which morphed into the ADT, has blessed us all with the distinction of being regulated as a pet store if we aren’t already regulated as licensed breeders. The way the regulations read is confusing at absolute best. The number of breeding females is an aggregate number of all animals covered under the Animal Welfare Act of 1966. That’s virtually every thing that is warm blooded and referred to as a “pet” or used for exhibition. Dogs, cats, farm animals sometimes, rabbits, etc. They say you can have four or less breeding females and not be licensed, but if you sell them online then you are a retail pet store. They also give you the capacity to earn up to $500 gross annually and be exempted from being either a pet store or a breeder.

Now there are exceptions that are astonishing. For one, if the animals are sold as breeding animals, then you are exempt. So every dog could be sold as breeding stock with hybrid vigor and they would be exempt. Or if the animal is a working animal, you’re ok as well. So you could sell poodles as watch dogs and be exempt. But if they are pets, you are not exempt. Basically, if they want to they can deem anyone selling any of the covered animals as under their regulatory authority.

I try really hard not to curse, but after reading the final rule (which you can read here if you have the stamina) I find that I have to quote my husband, I don’t know whether to shit or go blind.

Thankfully there is a lawsuit that has been filed. I hope there is an injunction against the USDA on this insanity. You can read about it below:

Dog and Cat Clubs Tell Uncle Sam to Scat
           (CN) – The U.S. Department of Agriculture illegally and arbitrarily is requiring “tens of thousands of dog and cat breeders” to get licenses and submit to unannounced inspections and the costs of complying with “new structural and sanitation standards,” dozens of dog and cat clubs claim in court.

     Forty dog clubs – and two cat clubs – led by the Associated Dog Clubs of New York State, sued the USDA in District of Columbia Federal Court.
More cats than dogs are kept as pets in the United States, according to the Humane Society: 95.6 million cats and 83.3 million dogs.
Forty-seven percent of U.S. households have at least one dog, and 46 percent have at least one cat, according to the Humane Society.
Why 40 of the 42 plaintiff clubs are dog breeders, and only two represent cats, is a poser. Possibly it’s because dogs and dog owners are clubbier than cats and cat people.
Whatever the reason, the clubs challenge “The Retail Pet Store Rule,” 9 CFR Parts 1-3, which took effect on Nov. 18. The regulation was promulgated under the Animal Welfare Act, 7 U.S.C. § 2131 et seq.
The rule originally was aimed at large breeders who sell over the Internet, but was expanded to include all breeders, including “small-scale breeders,” i.e., the members of the plaintiff clubs, “without any support for doing do,” according to the complaint.
According to the dog clubs’ lawsuit: “The Rule radically changes, without justification, 47 years of USDA’s regulatory oversight of retail pet stores. Specifically, the Rule redefines ‘retail pet store’ to potentially require tens of thousands of dog and cat breeders throughout the United States, including members of plaintiffs, to obtain licenses, to subject their residences to unannounced, on-site inspections, to incur substantial costs to comply with new structural and sanitation standards, to risk the health and lives of their dogs and cats from exposure to the deadly Parvovirus, Panleukopenia, and other diseases, and to place their personal safety at risk by opening their residences to strangers.”
The clubs claim that when Congress passed the Animal Welfare Act in 1966, it “specifically exempted retail pet stores” from the Act’s licensing and inspection requirements.
“Although Congress has amended the AWA several times since its passage, Congress has not changed or narrowed the AWA’s exemption of retail pet stores,” the complaint states. “By promulgating a regulation instead of seeking a statutory solution in Congress, the USDA has circumvented congressional intent. Moreover, the Rule’s redefinition of ‘retail pet store’ is inconsistent with the required record that was developed to justify the Rule.”
The USDA estimated that the rule would affect 2,600 to 4,640 breeders, the dog clubs say – an estimate that is way off base.
“In fact, as was noted in the comments, the Rule potentially affects tens of thousands of breeders, including the almost 19,000 members of the 42 plaintiffs, located in all 50 states and the District of Columbia. Significantly, the clubs and registries comprised by plaintiffs represent less than 1 percent of the dog and cat clubs and registries in the United States, yet the cumulative number of plaintiff members alone is four times the maximum number of breeders that APHIS [the USDA’s Animal and Plant Health Inspection Service] estimated would be potentially affected.”
The dog clubs want the rule declared invalid and enjoined as arbitrary and capricious, inconsistent with the AWA, exceeding the jurisdiction of the USDA, and a violation of the Administrative Procedures Act.
The clubs are represented by Philip Hecht.
The Humane Society criticized the lawsuit in a statement, and said it plans to “intervene in the lawsuit and join the government in defending the common-sense regulation.”
The Humane Society said that the rule was enacted to crack down on “large-scale puppy mills.” The statement said that the rule “closed the regulatory loophole” that let puppy mills sells abused dogs online without oversight.
The Humane Society statement did not address the dog clubs’ objection that the rule indiscriminately affects back-yard breeders.
Here are the plaintiffs: Associated Dog Clubs of New York State, Inc; Australian Shepherd Club of America; American Dog Breeders Association, Inc.; Virginia Federation of Dog Clubs and Breeders; California Federation of Dog Clubs; Albany Kennel Club, Inc.; Albany Obedience Club, Inc.; Allpurrs Cattery; American Fox Terrier Club; American Pomeranian Club; American Russell Terrier Club; Belgian Sheepdog Club of America; Cat Fanciers Legislative Group; Charlottesville-Albemarle Kennel Club; Chattanooga Kennel Club;; Chihuahua Club of America; Cleveland Collie Club; Colonial Newfoundland Club; Columbia Poodle Club of Oregon and Southwest Washington; Dachshund Club of Greater Buffalo; Dachshund Fanciers of Central Virginia; Eagle Rock Kennel Club, Inc.; Erie Canal Schipperke Club; Goldendoodle Association of North America;; Huron Valley Australian Shepherd Association; International Bengal Cat Society; International Shiloh Shepherd Dog Club; Kennel Club of Palm Springs; Miniature Australian Shepherd Club of America; Minuteman Samoyed Club, Inc.; Mississippi Canine Coalition, Inc.; Northland Newfoundland Club; Potomac Bassett Hound Club; Saratoga (NY) Kennel Club, Inc.; Schenectady Dog Training Club; Shawangunk Kennel Club, Inc.; Shetland Sheepdog Club of Western New York; Society for the Perpetuation of Desert Bred Salukis; Syracuse Obedience Training Club; Tri Valley Shetland Sheepdog Club of Northwest Los Angeles; Weimaraner Club of the Washington DC Area; and the Working Australian Shepherd Club of Upstate New York.

Judge Rules NSA Surveillance Unconstitutional….Ya think?

This is positive. I like it quite a bit. However, I am now so skeptical that I think they’ll find a way to overturn this ruling. Guess I’ve been around long enough to truly wear the badge of cynic. LOL!

Anyway, it is good news, and I really like to share positive things whenever I have the chance.

Judge: NSA phone program likely unconstitutional

The NSA headquarters are pictured. | AP Photo

The ruling is the first significant legal setback for the NSA’s surveillance program. | AP Photo

By JOSH GERSTEIN | 12/16/13 1:36 PM EST Updated: 12/16/13 7:44 PM EST

A federal judge ruled Monday that the National Security Agency program which collects information on nearly all telephone calls made to, from or within the United States is likely unconstitutional.

U.S. District Court Judge Richard Leon found that the program appears to violate the Fourth Amendment ban on unreasonable searches and seizures. He also said the Justice Department had failed to demonstrate that collecting the information had helped to head off terrorist attacks

Acting on a lawsuit brought by conservative legal activist Larry Klayman, Leon issued a preliminary injunction barring the NSA from collecting so-called metadata pertaining to the Verizon accounts of Klayman and one of his clients. However, the judge stayed the order to allow for an appeal.

“I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying it and analyzing it without judicial approval,” wrote Leon, an appointee of President George W. Bush.

The preliminary injunction Leon granted Monday does not require him to make a definitive ruling on the constitutional questions in the case, but does take account of which side he believes is more likely to prevail.

Leon’s 68-page opinion is the first significant legal setback for the NSA’s surveillance program since it was disclosed in June in news stories based on leaks from former NSA contractor Edward Snowden. For seven years, the metadata program has been approved repeatedly by numerous judges on the Foreign Intelligence Surveillance Court and found constitutional by at least one judge sitting in a criminal case.

(WATCH: Boehner says Edward Snowden is a ‘traitor’)

The Justice Department persuaded those courts that the collection of information on the time and length of calls, as well as the numbers called, did not amount to a search under the Fourth Amendment because that information is routinely available to telephone companies for billing purposes and is shared with those firms voluntarily.

Government lawyers and the judges who found the NSA program legal pointed to a 1979 Supreme Court ruling, Smith v. Maryland, which found no search warrant was needed by police to install a device which recorded the numbers dialed on a particular phone line.

But Leon said the three-decade-old precedent was not applicable to a program like the NSA’s because of its sophistication and because telephone use has become far more intense in recent years.

“The ubiquity of phones has dramatically altered the quantity of information that is now available and, more importantly, what that information can tell the Government about people’s lives,” the judge wrote. “I cannot possibly navigate these uncharted Fourth Amendment waters using as my North Star a case that predates the rise of cell phones.”

The judge went on to conclude that the searches involved in the NSA metadata program were likely not permissible under the Fourth Amendment in part because there was little evidence the program has actually prevented terrorism.

“I have significant doubts about the efficacy of the metadata collection program as a means of conducting time-sensitive investigations in cases involving imminent threats of terrorism,” Leon wrote. “The government does not cite a single instance in which analysis of the NSA’s bulk metadata collection actually stopped an imminent attack, or otherwise aided the Government in achieving any objective that was time-sensitive in nature.”

Edward Snowden himself praised the decision.“I acted on my belief that the NSA’s mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts. Today, a secret program authorized by a secret court was, when exposed to the light of day, found to violate Americans’ rights. It is the first of many.”

The judge’s ruling was issued just before White House press secretary Jay Carney took the podium for the daily press briefing. Carney said he was unaware of the decision and he referred inquiries to the Justice Department.

“We are reviewing the court’s decision,” DOJ spokesman Andrew Ames said.

Similar lawsuits challenging the program are pending in at least three other federal courts around the country. In addition, criminal defendants are beginning to challenge the program after the Justice Department disclosed it had played a role in investigating their cases.

Critics of the NSA program leapt on Leon’s decision as evidence that the legal foundation of the surveillance effort is deeply flawed.

“The ruling underscores what I have argued for years: The bulk collection of Americans’ phone records conflicts with Americans’ privacy rights under the U.S. Constitution and has failed to make us safer,” Sen. Mark Udall (D-Colo.) said in a statement urging passage of legislation ending the so-called bulk collection program. “We can protect our national security without trampling our constitutional liberties,” he added.

At a hearing last month, Leon said he knew that his decision would be far from the last word on the issue, which is almost certain to wind up at the Supreme Court.

However, he added some flair to his opinion Monday, referring at one point to the Beatles and at another to Federalist Papers author James Madison, who later became president.

“Surely, such a program infringes on ‘that degree of privacy’ that the Founders enshrined in the Fourth Amendment. Indeed, I have little doubt that the author of our Constitution, James Madison, who cautioned us to beware ‘the abridgement of freedom of the people by gradual and silent encroachments by those in power’ would be aghast,” the judge wrote.

Read more: http://www.politico.com/story/2013/12/national-security-agency-phones-judge-101203.html#ixzz2ngs4geDM

South Dakota Raw Milk Regulations

You can have raw milk for sale IF you jump through incredible hoops….

Black Hills Milk pulls plug on raw milk sales

120813-nws-milk

December 07, 2013 5:00 am  •  Scott Feldman Journal staff

Days after the South Dakota Department of Agriculture announced it would begin implementing new regulations for raw milk producers, a Belle Fourche dairy decided it will no longer sell the product.

Dawn Habeck, co-owner of Black Hills Milk, said the new regulations would make it too difficult to keep selling raw milk to their customers, who were among the opponents of the state’s new regulations.

The new regulations take effect Wednesday. One sets the maximum coliform level for milk at 10 parts per milliliter. Habeck said that standard is virtually impossible for raw milk producers to meet.

“The coliform level increases every minute after the milk comes from the cow’s udder,” she said. “The coliform level only drops after it’s pasteurized. So the rule basically makes it impossible to sell raw milk.”

Coliform is a naturally occurring bacteria in raw milk that can be beneficial, said Gena Parkhurst, secretary for the Black Hills chapter of Dakota Rural Action. She said that maximum allowable levels of coliform vary widely between states.

Parkhurst said she was saddened, but not entirely surprised, that Black Hills Milk decided to get out of the raw milk business after the new regulations were approved.

“The rules are burdensome, confusing and basically anti-business,” she said. “We’re supposed to be the most business-friendly state, so why is the department being so hard on raw milk producers?”

Katie Konda, policy analyst for the Department of Agriculture, said the regulations were created to establish a basic standard of safety.

To come up with these regulations, the department looked at 13 states that allow raw milk sales. Nine of those states had a maximum coliform level of 10 parts per milliliter, so that’s what South Dakota adopted, Konda said.

Those states are California, Washington, South Carolina, Texas, Vermont, Pennsylvania, Maine and New Hampshire, she said.

“It’s not an unattainable level. Other individuals in those states have meet these requirements,” Konda said.

Just looking at one piece of information from several states is not a fair way to create a law because each of those states vary greatly in other ways, Parkhurst said.

For example, California and Maine allow the sale of raw milk in retail stores, while Washington does not require pathogen testing, which South Dakota will require, she said.

Customers can get still get raw milk if they buy an undivided share of a cow and have Habeck become its caretaker. She can still legally provide the cow’s raw milk to a shareholder.

The Black Hills Milk Store in Spearfish will remain open and continue to sell meats and locally produced vegetables and eggs, Habeck said.

The market also will sell Burbach Milk from Nebraska, which is pasteurized but not homogenized, Habeck said.

 

 

Idiots Rule

As delineated in the article below, this kind of thing is happening all over. Fines for producing. If you want good food, you have to grow it or buy it directly from someone who grows it for you. You must avoid the anonymous centralized, consolidated food supply chain….IF you want real stuff anyway. We have some very interesting ties ahead with the Food Safety Modernization Act’s rules being under consideration.

At any rate, the following article covers some of the gardening atrocities occurring around the country, but there are many more not being mentioned. This is a good primer for what is coming under the International Property Maintenance Codes along with the FSMA.

Pure manure: City uproots FL couple’s 17-year-old garden

TALLAHASSEE,  Fla. – Few things in life are as benign as a home vegetable garden.

courtesy of Institute for Justice

But for the residents of Miami Shores, Fla., growing veggies can land you a fine — the type you eventually can’t afford.

That’s what happened to Hermine Ricketts and her husband, Tom Carroll. For the past 17 years they’ve grown a garden in the front yard of their modest South Florida home. The backyard, they say, doesn’t get enough sunlight.

But in May, the city put the couple’s garden, and any others like it, in their legal crosshairs.

A new zoning ordinance designed to “protect the distinctive character of the Miami Shores Village,” was enacted and specifically prohibited vegetables – not fruit, trees or even plastic flamingos – from appearing in front yards.

Shortly after, the couple received a visit from their local code enforcement officer. They were given two choices: Uproot the garden or pay a $50 per day fine to keep it.

After twice appearing before the Miami Shores Code Enforcement Board and being denied an exemption, the couple decided to dig up the garden rather than fork over $1,500 a month to the city.

Now they’re taking their case to court.

In an effort to reinstate the couple’s right to grow a few vegetables on their own property, the Institute for Justice, a nonprofit libertarian leaning legal aid group, filed a lawsuit Tuesday on their behalf.

ARI BARGIL, Institute for Justice

“We’re not suing for money,” IJ attorney Ari Bargil told Florida Watchdog. “We’re asking the court to rule that this law is unconstitutional so Hermine and Tom can plant their garden again.”

According to Bargil, the ordinance infringes on the couple’s basic right to privacy – a right the Florida Constitution recognizes more broadly than the U.S. Constitution.

“Miami Shores will have to prove that its ban promotes a compelling governmental interest and is narrowly tailored to advance that interest,” wrote Bargil in a litigation backgrounder.

For its part, the city has yet to explain any interest beyond the language of the law itself.

Similar bans have taken root in other parts of the country. Ron Finely of South Los Angeles and Adam Guerro of Memphis were found in violation of city gardening ordinances, though they eventually prevailed.

But Denise Morrison of Tulsa, Okla., wasn’t so lucky. Her edible garden was largely destroyed by local authorities while she waited for her day in court. Julie Bass of Oak Park, Mich,. faced 90-days in jail for her home-grown veggies. The charges were eventually dropped.

Such rules are usually rooted in maintaining the aesthetic value of a neighborhood. Other residents have every right to complain — though that was not the case in Miami Shores — or local authorities can make a determination themselves.

The problem, however, is when a homeowner reasonably disagrees with city officials on what is considered visually “suitable.” Throw in the productive use of growing food on one’s own property, and such restrictions can come across as arbitrary and subjective.

While the Florida case may seem to be small-potatoes to those that don’t grow and eat their own food, Bargil offers a simple warning.

“If the government can tell you what you can and can’t do in your front yard, what else can they decide is off-limits?”

Saving Them Through Killing Them…

This goes right along with the article I posted on ivory a few days back. While it should be obvious to those who have a passing acquaintance with me that I am not animal fighting, the issues exposed in the following article represent the actual normal MO of the animal rights and HSUS groups in this country. To take others property and destroy it without due process is unconscionable, and that is exactly what happened here. All in the name of saving animals, they kill them, and they didn’t go into the food chain either. Waste. Profligate waste. To be clear, it really hacks me off.

AG King’s animal instincts

He’s a defender of horses, but his task force slaughtered chickens

THE COLUMN

It took more than three years and a private citizen’s lawsuit before state Attorney General Gary King released hundreds of emails that he wrote or received.

All of them involved King’s aptly named animal cruelty task force. It killed thousands of chickens on ranches across New Mexico and reveled in publicity that the raids received.

As attorney general, King is supposed to champion requests from the public for government records. But when it came to releasing his own emails, he was as stubborn as any politician.

King’s reluctance was understandable if you knew anything about the brutal pack of raiders who operated as the Attorney General’s Animal Cruelty Task Force.

An Albuquerque woman named Marcy Britton filed a public records request for King’s emails way back in June 2009. She said she was convinced that King’s task force was trampling constitutional rights and running roughshod over ranches owned mostly by Hispanics.

King’s raiders slaughtered roosters, hens and chicks under the claim that they were stopping cockfighting rings that had injected the birds with steroids.

“Truth is, they killed more chickens than cockfighting ever did,” said Ronnie Barron, president of the New Mexico Game Fowl Association.

Now father and son ranchers in San Juan County are suing King and his task force in federal court. The ranchers say King’s organization — using police officers, sheriff’s deputies, a helicopter and plenty of intimidation — needlessly killed 730 of their chickens and smashed a thousand eggs in a raid four years ago.

King, a Democrat who is running for governor, declined to discuss that case because the lawsuit is ongoing.

Court records list the leader of King’s animal cruelty task force as Heather Ferguson, who had no law enforcement training.

In one email to King, Ferguson was effusive about the attention she and King’s raiders were receiving. “Over 300 roosters have been seized, and coverage should be on all 3 stations tonight starting at 5,” she wrote.

In his own court affidavit, King said he was unaware of Ferguson’s role in orchestrating raids, even though she was the public face of his task force.

Ferguson was director of cruelty campaigns for Animal Protection of New Mexico, a political ally of King’s.

Though King is silent about the chicken raids, he is outspoken regarding his newest cause involving animals. He is aligned with Animal Protection of New Mexico in trying to stop horse-slaughter plants from reopening in America. A federal judge’s order authorizing the businesses was appealed by King and other opponents.

King said horse slaughter was cruel and that it could contaminate food supplies because horses often are drugged. But what about the thousands of feral horses that roam the arid West, looking for food and water? These horses have received no drugs.

John Boyd, the lawyer who sued King in the email case, also represents the Yakama tribe, which supports horse slaughter plants as a sensible means of population control.

“Certainly the attorney general has not put any evidence into the record to substantiate claims of horse meat entering the (American) food chain,” Boyd said.

He said the Yakama reservation had seen declines in deer, antelope and elk as the number of wild horses swelled to between 12,000 and 15,000. Boyd says these feral horses live in pain.

“They starve to death. They die of thirst. It’s not the picture of wild horses that people like to imagine, manes flowing in the wind,” he said.

As for the email case, Boyd will ask a state judge for summary judgment against King after a different case before the state Supreme Court is decided. That case is to determine if public officials who withhold emails are subject to fines.

For King, the email lawsuit will keep alive his raiders’ destruction of chickens and eggs, even as he fights lawful businesses from slaughtering horses for food.

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