Behind The Woodshed Blogcaster – April 26, 2015.

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At the Situationally Aware Action Oriented Intelligence Center
Of Evolutionary Engagement

Open you a can

The Victory Against You in the Silent War is Your Silence

Planet Of The Apes

When Bureaucratic Truth is Administrative Felonies

  • Sugar Pine Mine  – Documentation

    The Bill Meyer Show 6am-9am  Hal Anthony, Jefferson Mining District assemblyman, has the Behind the Woodshed internet radio show, digs into the Sugar Pine mining issue

  • 43 CFR Subpart 3809: Surface Managment

    3809.1: What are the purposes of this subpart?

    The purposes of this subpart are to:

    (a) Prevent unnecessary or undue degradation of public lands by operations authorized by the mining laws. Anyone intending to develop mineral resources on the public lands must prevent unnecessary or undue degradation of the land and reclaim disturbed areas. This subpart establishes procedures and standards to ensure that operators and mining claimants meet this responsibility; and

    (b) Provide for maximum possible coordination with appropriate State agencies to avoid duplication and to ensure that operators prevent unnecessary or undue degradation of public lands.

    § 3809.2 What is the scope of this subpart?

    (a) This subpart applies to all operations authorized by the mining laws on public lands where the mineral interest is reserved to the United States, including Stock Raising Homestead lands as provided in §3809.31(d) and (e). When public lands are sold or exchanged under 43 U.S.C. 682(b) (Small Tracts Act), 43 U.S.C. 869 (Recreation and Public Purposes Act), 43 U.S.C. 1713 (sales) or 43 U.S.C. 1716 (exchanges), minerals reserved to the United States continue to be removed from the operation of the mining laws unless a subsequent land-use planning decision expressly restores the land to mineral entry, and BLM publishes a notice to inform the public. (d) This subpart does not apply to private land except as provided in paragraphs (a) and (c) of this section. For purposes of analysis under the National Environmental Policy Act of 1969, BLM may collect information about private land that is near to, or may be affected by, operations authorized under this subpart.

  • IN THE SENATE OF THE UNITED STATES. JULY 19, 1866. That the mineral lands of the public domain, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and occupation.

Evolution: From The Trees To Welfare

  • Judge gives chimpanzees human rights for the first time  
    For the first time in US history, a judge has decreed that a pair of chimpanzees held at a university research facility are covered by the same laws that govern the detention of humans, effectively rendering the animals as legal “people” in the eyes of the law. New York Supreme Court Justice Barbara Jaffe said that the apes, held at Stony Brook University for research purposes, are covered by a writ of habeas corpus — a basic legal principle that lets people challenge the validity of their detention.
  • Judge didn’t mean to give human rights to chimps
    The New York judge who yesterday appeared to give two chimpanzees legal personhood has made it clear that she did not intend to give the animals human rights. After making her first ruling earlier this week, Supreme Court Justice Barbara Jaffe issued a revised court order on Tuesday with the writ of habeas corpus — a legal principle that allows people to contest their wrongful imprisonment — struck out.   A spokesperson for the court told Science that Jaffe had intended to grant a hearing to discuss the issues raised by the Nonhuman Rights Project, an animal advocacy group, but had mistakenly labeled the court order as a writ of habeas corpus. 
  • But Why Not:  Monkeys Learn To Use Money, Pay For Sex

    Researchers at Yale did a study on teaching monkeys to use money to buy things like grapes, jello and other things. It turns out once the monkeys learned they could buy things with the money they started paying females monkeys for sex, who in turn immediately bought some sweets with it.

    Regular readers will remember my entry “Monkeys Will Pay For Monkey Porn

Monkey Business

  • An Open Letter To Trey Gowdy Regarding A HUGE Mistake He Just Made KrisAnne Hall – reproduced in part –

    Mr. Gowdy,

    On Wednesday, you stated on Hugh Hewitt’s radio show that Congress doesn’t have the “authority” to subpoena the server Hillary used during her term as Secretary of State because “House rules” do not provide for that authority. You sir, have just admitted that you and the rest of the House believe that Congress is powerless and that we live in a Kingdom. I am absolutely sickened by the conviction by which you repeat this lie.

    I guess this is what happens when we elect politicians who are fundamentally ignorant of the Constitution, its purpose, and the power and duty it imposes upon our elected representatives. This statement is so repulsive to Liberty, so abhorrent to the principles of separation of powers, and so loathsome to the understanding of our Constitutional Republic that ANY representative who believes what you said in this radio interview should be ASHAMED of themselves.

    Alexander Hamilton said this: “your consciences will reproach you for your folly and your children’s children will curse you.”

    Why don’t “House Rules” give Congress the authority? Because House Rules are invented by Politicians to create excuses for not following the Constitution. Then, they don’t have to do the RIGHT thing; they can do the politically easy thing.

    Mr. Gowdy, if what you say is true, we are all subjects to the executive branch; and that means we live in a Kingdom and not a Constitutional Republic.

    Sir, I believe you have forgotten that the House of Representatives IS the People. And you have just announced to the WORLD that the PEOPLE of American are POWERLESS to their government. I really do not know how to express just how despicable our Congress really has become.

    Here is my advice:

    Stop making excuses and DO YOUR JOB! Stop worrying about “House Rules” and follow the Constitution. If Congress is so fundamentally ignorant as to WHAT that job is, then perhaps they all need to immediately RESIGN their positions and attend some remedial training. May I advise that you need to abandon your errant law school training (I know, I went there) and get some TRUTH?

  • Australia to authorize guards to ‘beat asylum seekers to death’ – report

    An inquiry by the Australian Supreme Court has proposed new powers to officers at immigration centers, granting them right to resort to violence, should they find it necessary, according to a former Victoria supreme court judge.

    Following a Senate hearing of an amendment to the new migration bill Stephen Charles SC, who was the Victoria court of appeal judge until 2006, told the Guardian on Thursday that it would “inevitably encourage violence by guards against asylum seekers” by considerably expand their powers.

Abandoning The Inner Animal

  • Four Swedish Cops on Vacation in New York Just Showed Americans What REAL Policing Looks Like

    Four Swedish police officers vacationing in New York City were on the subway on Wednesday when a fight broke out. The train operator asked if there were any police riding who could help with the situation. The Scandinavian patrolmen were very soothing and non-aggressive as they de-escalated the situation instead of escalating it, the way we have seen so often from our own men and women in blue.

    The officers were on their way to see a performance of Les Misérables when the train operator frantically asked for assistance. “Are there any police officers on the train?!” the men heard over the intercom.

    “We thought maybe someone needed help,” Samuel Kvarzell, 25, a rookie with the Stockholm Police Department told the New York Post.

    The Scandinavian patrolmen ran towards the front of the subway to help and encountered a brutal fight between two homeless men that had broken out. One of the men was reportedly attacking the other, as the injured victim made very little effort to defend himself.

    After separating the aggressor off of the victim, the officers kept the aggressor detained in an arm lock while attempting to calm him using non-threatening voices and a soothing hand on the back.

    “Take it easy, just relax, everything is going to be okay,” one of the officers tells the detained man while he frantically screamed that he couldn’t breathe. This seemed to calm him, and the officer asked if he was injured with a kind and gentle hand on his back. The officer seemed genuinely concerned about his well being.

    There was no violence; there was no threat of violence, no cursing or racist remarks. The officers acted as professionals, even while off-duty and on vacation. It is easy to see that these officers were not out to bully or harm anyone and that they were simply trying to make sure that nobody was hurt.

    “It was pretty routine,” one of the officers, Eric Jansberger, told the Post as he downplayed their actions. “We came just to make sure no one got hurt. We were trying to stop the fight.”

    These officers did not seem to realize that they just gave Americans a glimpse of what professional policing could look like.

Commerce Animal Safety

  • SCOTUS: Police Violated Fourth Amendment By Using Drug Dog To Prolong Traffic Stop

    On Tuesday, the United States Supreme Court ruled 6-3 that a Nebraska police officer violated the Fourth Amendment in the case of Rodriguez v. United States, when he made a driver wait an extra eight minutes during a traffic stop while a drug dog sniffed the outside of his car.

    We hold that a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures,” wrote Justice Ruth Bader Ginsburg, on behalf of the Court.

    The ruling states that without reasonable suspicion, “police extension of a traffic stop in order to conduct a dog sniff” violates the Fourth Amendment. According to the Supreme Court’s ruling, an officer’s mission during a traffic stop should include deciding whether or not to issue a traffic ticket, checking the driver’s license, determining whether there are outstanding warrants against the driver, and inspecting the automobile’s registration and proof of insurance, and because it does not have the same “close connection to roadway safety as the ordinary inquiries,” letting a drug dog sniff the vehicle “is not fairly characterized as part of the officer’s traffic mission.”

Shock The Monkey

  • Police So Out of Control, this Judge Explains How and Why You should Always Flex Your Rights

    A sitting judge, Justice Janice Rogers Brown, has advised citizens on how to deal with police attempting to engage in “fishing expeditions.”

    Brown urges citizens to address officers “firmly, politely, (and) respectfully,” and to exercise their right to end “voluntary” encounters with police by stating:

    “I do not wish to have an encounter with the police right now. Am I free to leave?”

    On Tuesday, Brown, as part of a three-judge panel in the U.S. Court of Appeals for the D.C. Circuit, said members of the Metropolitan Police Department’s Gun Recovery Unit are allowed to approach people on the street. They can then inquire as to whether they were carrying firearms and would consent to a search.

    While agreeing that those encounters are legitimate, Brown expressed displeasure with the situation by writing a separate concurring opinion.

    “Our jurisprudence perpetuates a fiction of voluntary consent where none exists,” Brown wrote.

    The honesty from a sitting judge was refreshing, yet startling, as Brown wrote:

    With the guise of voluntary consent stripped away, the reality of the District’s regime is revealed. It is a rolling roadblock that sweeps citizens up at random and subjects them to undesired police interactions culminating in a search of their persons and effects. If the Fourth Amendment is intended to offer meaningful protection in the context of Terry stops, the voluntary-consent exemption cannot be used to engage with members of the public en masse and at random to fabricate articulable suspicions for virtually every citizen officers encounter on patrol.

    What Brown is essentially saying is that when militarized officers dressed for war, approach civilians on the street and request that they allow a search, citizens have only the illusion of freedom in that situation. The person is being coerced to comply, as the officer will often attempt to use a refusal or other reaction as a means of justifying the search.

    Brown says if an officer states a person can’t leave, “then coercion will cease to masquerade as consent. Our courts will be forced, at last, to directly grapple with the reality of the District’s policy of routinized and involuntary seizures.”

    The commentary from Brown was in response to the case of Will Gross, which was before the court.

  • Legislation that Fines Cops $15,000 for Interfering with Citizens who Film Them, Passes House

    A recently proposed bill in Colorado imposing legal penalties on police officers who interfere with citizens filming them could soon become law. The state’s House Of Representatives passed the bill this week, and it will now move on to vote in the Senate.

    If it becomes law, the bill would reportedly require police officers to have someone’s consent or a warrant to physically take or destroy a persons camera or footage. If an officer violates this law, the victim would then be able to seek damages up to $15,000 plus attorney fees. This would also be the first law in the country that would guarantee civil damages to people who have their recording rights violated by police.

    After passing in the House on Wednesday, Colorado House Bill 15-1290 will now make its way to the Senate for a final vote.

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International Domestic War

  • Israel becomes major hub in the international cocaine trade, abuse rising 

    On a wall of a Israel Police classified intelligence unit hangs a map of the world. The countries of Central and South America are highlighted in red, the countries of western Africa are highlighted in green and arrows drawn the length and width of the map indicating drug trafficking movements all point to one country, whose name is highlighted: Israel.

    It should be noted that Israel has a “star role” in the World Drug Report for 2013 issued by the United Nations Office on Drugs and Crime and released last June. In the report, which discusses trends in the world, Israel is not infrequently listed in connection with cocaine. Over recent years, there has been a significant increase in cocaine trafficking to and from Israel: “Limited but non-negligible amounts of cocaine have also been seized in the Syrian Arab Republic, Lebanon and, notably, Israel, which registered an increase in 2011; hence a link between this emerging route and the Near and Middle East cannot be excluded.”

  • BREAKING: Tennessee Legislature Repeals Common Core  

    Yesterday, in a bipartisan vote, the Tennessee House of Representatives voted unanimously (97:0) to repeal Common Core. Today, the Tennessee State Senate followed with a (27:1) vote in favor of repeal.

    “This legislation is a template for all states to begin a much needed journey of separation from federally generated standards and an invitation to embrace each states’ own constitutionally delegated authority to serve its citizens at its own will,” said HB1035 chief sponsor Rep. Billy Spivey (R-Lewisburg). “As our founders and God surely intended.”

    HB1035 reads, in part, “WHEREAS, these new Tennessee academic standards shall be adopted and fully implemented in Tennessee public schools in the 2017–2018 school year, at which time the previously adopted set of standards shall be rescinded.”

    “I set out on a mission to do everything in my power to repeal Common Core in State of Tennessee this year,” said HB1035 chief co-sponsor Rep. Andy Holt (R-Dresden). “In addition to repealing Common Core, this bill puts even more control back in the hands of families, local schools and the State of Tennessee, which is exactly where it belongs.”

  • Illegal: Judge Throws Out Evidence From FBI Agents Posing as Cable Guys  

    A federal court in Las Vegas has thrown out evidence collected by the FBI after their agents switched off the internet service to a defendant’s hotel room, before pretending to be the repairmen for the service and at the same time conduct a secret search of the property.

    The case against Paul Phua, who challenged the evidence on constitutional grounds, is likely to stop after the decision, in which the judge ruled the warrantless search of the property to have been unconstitutional, and the evidence therefore inadmissible, since Phua’s consent to the search “was not voluntary.”

    In defense of the FBI’s actions, the government had argued that their ruse did not render Phua’s consent involuntary, since DSL is not an essential service, and the situation was not an emergency.

    Lawyers for Phua hailed the decision as a landmark ruling: “This is a monumental ruling protecting Americans’ privacy in the modern age,” said attorney Thomas Goldstein. “We are very grateful that Judge Gordon recognized the breadth of the government’s misconduct.”

    The defendant, Paul Phua, had been indicted on allegations of taking part in an illegal gambling business taking bets on the 2014 World Cup, which officers believed was being operated out of three luxury villas at Caesar’s Palace Hotel and Casino.

  • The FBI’s Big Plan To Expand Its Hacking Powers A judicial advisory panel Monday quietly approved a rule change that will broaden the FBI’s hacking authority despite fears raised by Google that the amended language represents a “monumental” constitutional concern. 

    The Judicial Conference Advisory Committee on Criminal Rules voted 11-1 to modify an arcane federal rule to allow judges more flexibility in how they approve search warrants for electronic data, according to a Justice Department spokesman.

    Known as Rule 41, the existing provision generally allows judges to approve search warrants only for material within the geographic bounds of their judicial district.

    But the rule change, as requested by the department, would allow judges to grant warrants for remote searches of computers located outside their district or when the location is unknown.

  • Hacker Detained by FBI after Tweeting about Airplane Software Vulnerabilities 

    This is troubling:

    Chris Roberts was detained by FBI agents on Wednesday as he was deplaning his United flight, which had just flown from Denver to Syracuse, New York. While on board the flight, he tweeted a joke about taking control of the plane’s engine-indicating and crew-alerting system, which provides flight crews with information in real-time about an aircraft’s functions, including temperatures of various equipment, fuel flow and quantity, and oil pressure. In the tweet, Roberts jested: “Find myself on a 737/800, lets see Box-IFE-ICE-SATCOM, ? Shall we start playing with EICAS messages? ‘PASS OXYGEN ON’ Anyone ? :)” FBI agents questioned Roberts for four hours and confiscated his iPad, MacBook Pro, and storage devices.

    Yes, the real issue here is the chilling effects on security research. Security researchers who point out security flaws is a good thing, and should be encouraged.

    But to me, the fascinating part of this story is that a computer was monitoring the Twitter feed and understood the obscure references, alerted a person who figured out who wrote them, researched what flight he was on, and sent an FBI team to the Syracuse airport within a couple of hours. There’s some serious surveillance going on. 


  • Encryption Works: How to Protect Your Privacy in the Age of NSA Surveillance  

    Warning: This guide has not updated in over a year. Freedom of the Press Foundation is working on an updated version. If you’re interested in contributing, or have ideas for what this guide should cover, please submit issues on GitHub

    Download: [en] PDF, LibreOffice ODT  •  [pt] PDF, LibreOffice ODT

    Encryption works. Properly implemented strong crypto systems are one of the few things that you can rely on. Unfortunately, endpoint security is so terrifically weak that NSA can frequently find ways around it.

    — Edward Snowden, answering questions live on the Guardian’s website

    The NSA is the biggest, best funded spy agency the world has ever seen. They spend billions upon billions of dollars each year doing everything they can to vacuum up the digital communications of most humans on this planet that have access to the Internet and and the phone network. And as the recent reports in the Guardian and Washington Post show, even domestic American communications are not safe from their net.

    Defending yourself against the NSA, or any other government intelligence agency, is not simple, and it’s not something that can be solved just by downloading an app. But thanks to the dedicated work of civilian cryptographers and the free and open source software community, it’s still possible to have privacy on the Internet, and the software to do it is freely available to everyone. This is especially important for journalists communicating with sources online.

    Table of Contents

  • How to Leak to The Intercept 

    People often tell reporters things their employers, or their government, want to keep suppressed. But leaking can serve the public interest, fueling revelatory and important journalism.

    This publication was created in part as a platform for journalism arising from unauthorized disclosures by NSA contractor Edward Snowden. Our founders and editors are strongly committed to publishing stories based on leaked material when that material is newsworthy and serves the public interest. So ever since The Intercept launched, our staff has tried to put the best technology in place to protect our sources. Our website has been protected with HTTPS encryption from the beginning. All of our journalists publish their PGP keys on their staff profiles so that readers can send them encrypted email. And we’ve been running a SecureDrop server, an open source whistleblower submission system, to make it simpler and more secure for anonymous sources to get in touch with us.

    But caution is still advised to those who want to communicate with us without exposing their real-world identities.

    What Not To Do

    If you are a whistleblower trying to figure out the best way to contact us, here are some things you should not do:

  • Siri is recording everything you say 

    Several stories and accusations have been going around about Apple’s Siri and other voice-to-text services, asserting that they are recording what you say and that people actually listen.

    Now I say “accusations” because many people are questioning the veracity of some of these claims, mainly those from Reddit user FallenMyst.

    However, they aren’t accusations. The iOS terms clearly state that Apple will record what you say and may send it to subsidiaries and their agents. It goes on to add that they will record the names of your contacts, your relationships with them, in-home devices, and sometimes your location.

    I don’t find this surprising at all, so it’s interesting to see some people question whether this is happening.

    We are carrying little tracking devices around with us that record what we say. And the worst part is that we all clicked “I agree.”

  • Smartphone tracking crackdown leaves consumers in the dark  Federal regulators cracked down on secret smartphone tracking of shoppers on Thursday, but the end result is that covert tracking can continue and customers may never know it.

    The Federal Trade Commission said it settled charges of deceiving consumers with Nomi Technologies, a New York-based company which supplies stores, malls and stadiums with equipment to secretly track shoppers using smartphone Wi-fi signals. The system does not identify individual shoppers but does maintain a database of visits by every phone.

    In 2012 and 2013, Nomi’s privacy policy promised that stores using its service would disclose the practice  and allow customers to opt out. But stores using Nomi’s service made no such disclosures and consumers could only opt out of tracking on Nomi’s web site — meaning the privacy policy contained “false or misleading” representations, the FTC said on Thursday.

    “It’s vital that companies keep their privacy promises to consumers when working with emerging technologies, just as it is in any other context,” Jessica Rich, director of the FTC’s Bureau of Consumer Protection, said in a statement.

    As a result of the FTC settlement, however, retailers using Nomi’s system won’t have to disclose that they’re secretly tracking customers. Nomi has simply eliminated the promise that they would. And the company doesn’t reveal the identity of the retailers who use its services.

Secure Private Alternative To Skype: Tox

    • Silent Weapons for Quiet Wars
    • The people know that they have created this farce and financed it with their own taxes (consent), but they would rather knuckle under than be the hypocrite.

      Factor VI – Cattle
      Those who will not use their brains are no better off than those who have no brains, and so this mindless school of jelly-fish, father, mother, son, and daughter, become useful beasts of burden or trainers of the same.

    • Mr. Rothschild’s Energy Discovery
      What Mr. Rothschild [2] had discovered was the basic principle of power, influence, and control over people as applied to economics. That principle is “when you assume the appearance of power, people soon give it to you.”

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