Friday, November 3, 2006

On November 13, Torontonians will be heading to the polls to vote for their ward’s councillor and for mayor. Among Toronto’s ridings is Scarborough-Agincourt (Ward 39). Two candidates responded to Wikinews’ requests for an interview. This ward’s candidates include Wayne Cook, Mike Del Grande (incumbent), Samuel Kung, Lushan Lu, Sunshine Smith, and John Wong.

For more information on the election, read Toronto municipal election, 2006.

Thursday, May 27, 2010

A US Coast Guard official said today that BP’s latest effort to plug the Gulf of Mexico oil spill has been successful in slowing the amount of oil leaking from the well.

The official, Admiral Thad Allen, said that the procedure, known as a “top kill” operation, has been able to block some of the leaking oil at the source, the top of the damaged well. The operation involves pumping material into the well to plug the leak before cement is used to permanently seal the leak. Allen said the operation has “been able to force mud down and not allow any hydrocarbons to come up.”

BP hasn’t confirmed the success of the top kill operation, saying only that the “operation is proceeding as we planned it,” and that there had been no major incidents thus far. Although the possibility of failure is still present, experts say that the longer the procedure continues, the less likely it will be that anything goes wrong.

The procedure began yesterday afternoon, after diagnostics on the damaged equipment on the ocean’s surface indicated that it could withstand the added pressure of the mud being pumped into the well. Although engineers involved with the operation wore concerned that the pressure of the mud might not be able to overcome that of the oil, that has thus far not been the case.

Separately, a group of US scientists announced new estimates of how much oil was flowing from the well, ranging from 12,000 to 25,000 barrels a day, far higher than BP’s original estimate of 5,000 barrels a day, a figure which BP warned was possibly inaccurate.

In a press conference Thursday afternoon, US president Barack Obama also announced new measures in response to the spill, which include:

• Suspending off-shore test drilling for six months
• Extending the moratorium on issuing drilling permits for an additional six months
• Cancelling the sale of leases for off-shore drilling.

In statements, Obama criticized the “scandalously close relationship” between government officials and oil companies in the past, saying that the Mineral Management Service, which is the agency responsible for monitoring off-shore drilling, had been corrupt for years.

Saturday, November 7, 2009

American political commentator Glenn Beck has lost his case against a satirical website which parodies him, in a ruling from the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. The website argued Beck’s actions to shut it down were an attempt to silence free speech. On Friday, the website’s creator sent a letter to Beck saying he would voluntarily turn over the domain name to him.

Florida resident Isaac Eiland-Hall created the website in September, and it asserts Beck uses questionable tactics “to spread lies and misinformation”. The website was represented in the case Beck v. Eiland-Hall by free speech lawyer Marc Randazza. Wikinews interviewed Randazza for the article “US free speech lawyer Marc Randazza discusses Glenn Beck parody”, and previously reported on the case in articles, “US free speech lawyer defends satire of Glenn Beck” and “Satirical website criticizes Glenn Beck for ‘hypocritical’ attempts to silence free speech”.

Eiland-Hall registered the website at the domain “www.GlennBeckRapedAndMurderedAYoungGirlIn1990.com”. Its premise was derived from a joke statement made by Gilbert Gottfried about fellow comedian Bob Saget. Users of the Internet discussion community Fark first applied the joke to Beck, and it then became popular on several social media sites. Eiland-Hall saw the discussion on Fark, and created a website about it. The website asserts it does not believe the rumors to be true, commenting, “[b]ut we think Glenn Beck definitely uses tactics like this to spread lies and misinformation.” The website was created on September 1, and just two days later attorneys for Beck’s company Mercury Radio Arts took action. Beck’s lawyers sent letters to the domain name registrar where they referred to the domain name itself as “defamatory”, but failed to get the site removed.

Beck filed a formal complaint with the Switzerland-based agency of the United Nations, WIPO, who operate under regulations laid out by the Internet Corporation for Assigned Names and Numbers. Beck asserted the website’s usage is libelous, bad faith, and could confuse potential consumers. Beck’s complaint was filed under the process called the Uniform Domain Name Dispute Resolution Policy. This policy allows trademark owners to begin an administrative action by complaining that a certain domain registration is in “bad faith”. Beck argued the site should be shut down because it is an infringement upon his trademark in his own name, “Glenn Beck”.

Eiland-Hall retained Randazza as his attorney after receiving threatening letters from legal representatives of Beck. On September 28, Randazza filed a response brief to WIPO, contending the site is “protected political speech”, due to it’s “satirical political humor”. Randazza stated, “even an imbecile would look at this Web site and know that it’s a parody.” Randazza’s brief commented on Beck’s style of reporting, and highlighted a controversial statement made by him when interviewing a Muslim US Congressman. Beck said to Representative Keith Ellison, “I like Muslims, I’ve been to mosques. … And I have to tell you, I have been nervous about this interview because what I feel like saying is, sir, prove to me that you are not working with our enemies.” According to the Citizen Media Law Project, the website’s joke premise takes advantage of “a perceived similarity between Beck’s rhetorical style and the Gottfried routine”.

Randazza argued in the response filed on behalf of Eiland-Hall that Beck attempted to use the process of the WIPO court to infringe the free speech rights of his client; “Beck is attempting to use this transnational body to circumvent and subvert the Respondent’s [web site owner] constitutional rights [to freedom of speech],” he wrote. Randazza cited the U.S. Supreme Court case, Hustler Magazine v. Falwell, in arguing that Beck’s attorneys advised him against filing legal action in a U.S. court because the website would likely be seen as a form of parody and due to the First Amendment to the U.S. Constitution, such legal action would not be successful.

On September 29, Randazza sent a request to Beck’s representatives, asking that their client agree to stipulate to the United States Constitution, and especially to the First Amendment, during the case before the WIPO. In the request, Randazza quoted a statement from Beck himself about the usage of international law by United States citizens, Beck said, “[o]nce we sign our rights over to international law, the Constitution is officially dead.” In an October 19 interview with Wikinews, Randazza stated that Beck had not replied to his request to stipulate to the U.S. Constitution and the First Amendment in the WIPO case.

On October 20, Randazza filed a surreply – a response document to an October 13 supplementary filing made by Beck in the case. Attorneys for Beck asserted in the supplementary filing that the joke made by the website is difficult to comprehend, and therefore the domain name is confusing. In Beck’s supplementary filing, his lawyers argued, “While there is absolutely nothing humorous or amusing about the statement made by Respondent in his domain name that ‘Glenn Beck Raped and Murdered a Young Girl in 1990,’ the average Internet user finding the domain name GlennBeckRapedAndMurderedAYoungGirlin1990.com (“Disputed Domain Name”) in a search would have no reason not to believe that they will be directed to a website providing factual information (as opposed to protected criticism or similar protected speech) about Mr. Beck.”

Randazza’s surreply asserted, “An average Internet user might not ‘get the joke’. In fact, the average Internet user does not understand any internet memes. That’s the fun of a meme – it is an esoteric inside joke that will leave most people scratching their heads.” In Randazza’s conclusion to the Eiland-Hall surreply, he called Beck “the butt” of a joke he apparently does not understand. Randazza wrote that Beck “should be deeply ashamed” for devaluing the First Amendment to the U.S. Constitution.

For Beck to have prevailed in the case, the WIPO arbitrator would have needed to rule in his favor on three points: the domain name was confusing with the mark “Glenn Beck”, the registrant Eiland-Hall did not have rights to the domain name, and that the domain name was registered as an act of “bad faith”. Frederick M. Abbott, the WIPO arbitrator, did rule that the domain name was confusing, but also ruled that Eiland-Hall had legitimate interest in the domain name of the website he created. “Respondent appears to the Panel to be engaged in a parody of the style or methodology that Respondent appears genuinely to believe is employed by Complainant in the provision of political commentary, and for that reason Respondent can be said to be making a political statement. This constitutes a legitimate non-commercial use of Complainant’s mark under the Policy,” said the WIPO ruling.

The WIPO decision also commented on the matter of third-party websites which may have derived profit through links from Eiland-Hall’s website, “While there is some evidence that at some stage third-party vendors of goods and services critical of [Beck] may have earned some income on sales of t-shirts and bumper stickers embodying political slogans based on click-throughs from [Eiland-Hall’s] Web site, the panel does not believe this is sufficient ‘commercial activity’ to change the balance of interests already addressed,” said the ruling.

After the WIPO ruling, Eiland-Hall decided to voluntarily relinquish ownership of the domain name and hand it over to Glenn Beck. On Friday, Eiland-Hall sent a letter to Beck, and pointed out that Beck’s actions only served to further increase publicity to the meme described on the website. “It bears observing that by bringing the WIPO complaint, you took what was merely one small critique meme, in a sea of internet memes, and turned it into a super-meme. Then, in pressing forward (by not withdrawing the complaint and instead filing additional briefs), you turned the super-meme into an object lesson in First Amendment principles,” wrote Eiland-Hall in the letter to Beck.

Eiland-Hall criticized Beck’s actions with regard to the First Amendment to the U.S. Constitution, writing, “It also bears noting, in this matter and for the future, that you are entirely in control of whether or not you are the subject of this particular kind of criticism. I chose to criticize you using the well-tested method of satire because of its effectiveness. But, humor aside, your rhetorical style is no laughing matter. In this context of this WIPO case, you denigrated the letter of First Amendment law. In the context of your television show and your notoriety, you routinely and shamelessly denigrate the spirit of the First Amendment”. He stated that he persevered in the case in order to uphold the value of the First Amendment to the U.S. Constitution, “I want to demonstrate to you that I had my lawyer fight this battle only to help preserve the First Amendment. Now that it is safe, at least from you (for the time being), I have no more use for the actual scrap of digital real estate you sought…” A representative of Beck declined to provide a comment about the WIPO ruling, after a request from PC Magazine.

Commentators likened the legal conflict between Beck and the site to the Streisand effect, a phenomenon where an individual’s attempt to censor material on the Internet in turn proves to make the material itself more public. Wendy Davis of Online Media Daily commented on the impact of the case, “The decision appears to mark a significant win for digital rights advocates because a ruling in Beck’s favor could have encouraged other subjects of online parodies to take their complaints directly to the WIPO rather than U.S. courts, which are bound by the First Amendment.” Citizen Media Law Project’s assistant director, Sam Bayard, wrote that the ruling was appropriate, “It’s good to see that this WIPO arbitrator had no interest in allowing Beck to circumvent the guarantees of the U.S. Constitution.”

Monday, April 17, 2006

Kevin Ray Underwood, the suspect in the murder of 10-year-old Jamie Rose Bolin of Purcell, Oklahoma, reportedly kept a weblog in which he joked about cannibalism, discussed the effects of not taking his prescribed medicine, and talked about “dangerously weird” fantasies.

Underwood was arrested Friday after investigators searched his apartment and found Jamie’s body in a plastic bin in his bedroom closet. Also reportedly found in his apartment were barbecue skewers and meat tenderizer, which law enforcement officials believe he intended to use to eat the girl’s flesh.

People who knew Underwood reported that he was a relatively unassuming man, seemingly trustworthy. His mother described him as “a wonderful boy” and said of Jamie, “I would like to be able to tell her family how sorry we are. I just feel so terrible.”

In the profile of his blog, entitled “Strange Things are Afoot at the Circle K” ([1]), Underwood described himself as “Single, bored, and lonely, but other than that, pretty happy.” Also on his profile page, he poses the question, “If you were a cannibal, what would you wear to dinner?” and answers, “The skin of last night’s main course.”

In an entry dated September 8, 2005, Underwood reportedly described 1998 as “the year that a large part of me died” and “the longest year of my life.” He reported losing contact with most of his friends, making an online acquaintance only to lose her again, and suffering panic attacks from being around people at college. Two of his friends also were involved in a car accident, one fatally injured.

He reported in that entry that in the last year he found himself becoming more and more detached from the world, never leaving his apartment except to go to work or his parents’ apartment. In an entry dated September 24, 2004, he reported that his fantasies were “just getting weirder and weirder. Dangerously weird. If people knew the kinds of things I think about anymore, I’d probably be locked away. No probably about it, I know I would be.”

In an entry dated February 4, 2006, he said that he had hardly left the apartment in almost two months, and that “a week or so ago, I spent my day off sitting here at the computer, barely moving from the chair, for 14 hours.”

His last blog entry was dated Thursday, April 13, 2006, one day after authorities believe Underwood killed Jamie Bolin.

Wednesday, December 31, 2008

What would you tell your grandchildren about 2008 if they asked you about it in, let’s say, 20 years’ time? If the answer to a quiz question was 2008, what would the question be? The year that markets collapsed, or perhaps the year that Obama became US president? Or the year Heath Ledger died?

Let’s take a look at some of the important stories of 2008. Links to the original Wikinews articles are in all the titles.

Monday, August 22, 2005

About 90 law enforcement officers from multiple agencies broke up what they said was a rave party on public and private property in the Diamond Fork area of Spanish Fork canyon, an hour outside of Salt Lake City, Utah, at about 11:30 p.m. Saturday (5:30 Sunday UTC).

According to the county, the Sheriff’s Office had been investigating similar parties since the beginning of the season. In a press release from the Sheriff’s Office in Utah County, the department states that previous allegations of sexual abuse at other raves, as well as various firearm and theft violations, were reasons for the investigation. The release continues on to state that the proper permit was not obtained before the event started.The promoters deny this allegation and insist that all permits were legally obtained before the event.

Armed with semi-automatic assault rifles, tasers, and tear gas, the police used dogs to sweep the crowd for narcotics. At least one helicopter was used in the operation, which served as a large spotlight for the ground teams. Prior to raiding the show, several unnamed police informants had reportedly told police that they had observed some “illegal activities”.

The promoter says the party took place on private property, named Child’s Ranch, with express permission from the owner. The property owner has apparently had at least one previous lawsuit with police over a similar event. Utah County requires a permit, bond and county commission approval for all gatherings with more than 250 people present and which can be expected to continue for 12 hours or more. DJ time slots and Pro Audio and Lighting contracts show that the party was scheduled to go on for no more than ten hours. According to a DJ at the event, “They presold 700 tickets and they expected up to 3,000 people total.” He added that by the time police arrived “the crowd was about 1,500”.

The police have publicly stated that only a permit from the health department was obtained, and that a Utah mass gathering permit was needed. The promoters have stated that they had the required permit, and have given a permit number (# 2005-11). Jay Stone, who handles mass gathering permits for the Utah County Health Department’s Bureau of Environmental Health Services, has confirmed that the permit was applied for and granted for the party. Officials also claim that the party had spilled over onto public land, and that more than 60 arrests were made in total – for driving under the influence of alcohol or drugs, underage drinking, drug possession and distribution, resisting arrest, assault on a police officer, disorderly conduct, and one instance of a weapons offense, a pistol which was found in the home of the private property owners. Among the confiscated items and drugs found were cocaine, ecstasy, marijuana, mushrooms, alcohol, and drug paraphernalia. Some of the drugs may include those confiscated from attendees by private security guards – who were also arrested.

Amateur video from the scene shows a number of SWAT police (Sheriff’s press release places the figure at 90) screaming orders at the DJs to “Shut it down now!” and yelling at others to “get out now, or I’ll kick your ass in jail.” Armed police are also seen tackling two attendees, Alaisha Matagi and Paul Maka. It is unclear from the video footage whether these actions were provoked or not. However, those shown on the two-minute long footage that are being forced to the ground do not appear to be resisting arrest. Both Matagi and Maka are charged with failure to obey a police officer and resisting arrest – Maka is also charged with interfering with police. Sheriff Jim Tracy stated in an email that both of them were tackled and arrested after assaulting a deputy, however, neither of them are being charged with assaulting a police officer.

A first hand account from a DJ booked to play at the party stated that while police were arresting a man accused of possession, the suspect was beaten to the ground and continually “kicked in the ribs” by four armed “soldiers” dressed in camouflage. The item was not shown on the video footage. According to the account, nobody resisted the policemen, and the crowd was orderly, but tear gas was thrown at the partiers as they attempted to leave as instructed. The DJ also states that police were attempting to confiscate video equipment, but an amateur video has still surfaced on the internet (see sources below). The video appears to have been taken near the DJ stand before it was moved to show more of the action.

Several attendees felt they should have the right to attend an event where drugs may be present, so long as they don’t personally use them. “While it may be true that some individuals choose to take drugs at said events like this, myself as well as many others choose to go for the music. Just like anything, you have bad apples, but you shouldn’t cut down the tree,” said one attendee. “Raves are not the only musical gatherings where drugs are used and distributed,” said another.

Other event-goers felt that the use of force in the shutdown was excessive – numerous eyewitness accounts by concertgoers describe people being beaten, tasered, or attacked with dogs. An email from Sheriff Jim Tracy stated that dogs and tasers were present at the raid, however, he also states that the tasers were not used on anyone, and that no dogs were deployed against concertgoers.

One account from an attendee, identified as “Colby”, states:

“I saw at least two people being beaten on the ground while barking, snarling dogs are held just a few feet from them. Weapons were being pointed at unarmed, peaceful civilians. A friend of mine was forced at gunpoint to put his hands on his head and turn around, because he asked if he could get his things from the tent.”

Utah County sheriff’s Sergeant Darren Gilbert also alleged that a 17-year-old girl was found overdosed on ecstasy, and was treated and released to her parents. According to an advertisement for the event, an attorney was present at the party. The local sheriff is scheduled to appear on Utah TV.