text:
ID Ct. App.
Court of Appeals of Idaho.
STATE of Idaho, Plaintiff–Respondent, v. Laura Lee SMITH, Defendant–Appellant.
No. 42090.
Sara B. Thomas, State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.
Laura Lee Smith appeals from her judgment of conviction for aiding and abetting in the delivery of a controlled substance. She first contends that the trial court erred by admitting the audio recording of a nonwitness's out-of-court statements in violation of the Confrontation Clause. Smith also claims that the trial court erred in the admission at trial of certain testimonial evidence that Smith characterizes as hearsay. Smith finally contends that there was insufficient evidence to support her conviction. For the reasons set forth below, we affirm.
While working on an undercover sting operation in a local bar, two officers, Detective Hight and Officer Mattingley, made video-recorded arrangements to purchase psilocybin mushrooms from Shawn Kendle. Kendle indicated to the officers that he had a source for the mushrooms and that his source was in the bar. Kendle then approached Smith and spoke with her for several minutes. Smith exited the bar and Officer Mattingley followed her into the parking lot. Smith drove away from the lot but returned approximately ten minutes later. She exited the vehicle holding a brown paper bag, which she carried across the parking lot to the driver's side of Kendle's truck. Officer Mattingley heard a car door open and shut. Smith then walked back across the parking lot toward the bar, the brown paper bag notably absent. The two officers and Kendle later went back outside where Kendle exchanged a brown paper bag from the driver's side of his truck for the officers' payment. The mushrooms inside the bag were later identified as psilocybin mushrooms by police forensics. The State charged Smith with aiding and abetting in the delivery of a controlled substance.
At trial, Smith objected to the admission of the audio portion of the video recording wherein Kendle could be heard saying, "I've got her in the bar." Smith challenged its admission on the grounds that she had not had "an opportunity to cross-examine [Kendle] about what he's saying." The trial court overruled this objection and allowed the video playback with audio. The court also overruled Smith's hearsay objection to Officer Mattingley's testimony as he described the events within the video, specifically his statement, "[Kendle] is standing at the bar talking to what he said was his person that could supply him with mushrooms." At the conclusion of the State's case, Smith moved for a directed verdict on the basis of insufficient evidence, which the court denied.
The jury found Smith guilty of aiding and abetting in the delivery of a controlled substance. The court sentenced Smith to a unified sentence of four years, with two years determinate, but suspended the sentence and placed her on probation for three years. Smith timely appeals.
We first consider whether the trial court erred by admitting the audio portion of the video recording of Kendle's statement to police during their undercover operation. This requires determining whether the admission of that audio abridged Smith's Sixth Amendment right of confrontation. We then separately consider whether the court erred in the admission of witness testimony before the jury during the narration of that video. Finally, we address Smith's challenge that there was insufficient evidence to support the jury's guilty verdict.
A. Right of Confrontation
On appeal, Smith argues that the trial court violated her constitutional right under the Confrontation Clause when it admitted the audio portion of a video recording of a nonwitness. In reviewing a potential violation of the Confrontation Clause, this Court will defer to the trial court's factual findings, unless they are clearly erroneous, but will exercise free review over the trial court's legal determinations. State v. Hooper, 145 Idaho 139, 142, 176 P.3d 911, 914 (2007).
The Confrontation Clause of the Sixth Amendment guarantees criminal defendants the right to confront witnesses at trial. U.S. Const. amend. VI ("In all criminal prosecutions, the accused shall enjoy the right ․ to be confronted with witnesses against him."). It applies only to hearsay statements that are testimonial. Crawford v. Washington, 541 U.S. 36, 51 (2004); State v. Stanfield, 158 Idaho 327, 332, 347 P.3d 175, 180 (2015). A statement is testimonial when it was made with a primary objective of creating an evidentiary record to establish a fact at trial. Davis v. Washington, 547 U.S. 813, 822 (2006) ("Statements ․ are testimonial when the circumstances objectively indicate ․ that the primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution."); State v. Shackelford, 150 Idaho 355, 372–73, 247 P.3d 582, 599–600 (2010) (holding that statements of ex-wife were not testimonial because they were not offered for their truth). Statements of individuals made unknowingly to undercover officers are not testimonial. Davis, 547 U.S. at 825 (citing Bourjaily v. United States, 483 U.S. 171, 181–84 (1987) and noting that "statements made unwittingly to a Government informant" were "clearly nontestimonial").
At issue here are Kendle's out-of-court statements made to undercover officers during their sting operation. Smith broadly argues that multiple "statements of Mr. Kendle ․ were testimonial in nature," but she only specifically addresses the admission of Kendle's statement, "I've got her in the bar," in reference to his source for the mushrooms.1
First, Kendle unwittingly made the recorded statement to undercover officers, as there is nothing in the record to suggest that Kendle suspected he was dealing with undercover officers or that he was being recorded. Second, the State did not offer the audio recording to prove the truth of the matter asserted. Instead, the State offered the audio statements on the video to provide context for the jury as they viewed the recorded conversation between the undercover officers and Kendle.2 Regarding the specific statement, "I've got her in the bar," the truth of this assertion suggests nothing more than Smith's location at the time of the conversation. We agree with the trial court's discretion to admit this nontestimonial statement into evidence.
Because the statement was not testimonial, the Confrontation Clause does not apply. Therefore, we hold that the trial court did not err in admitting the audio portion of the video recording.
B. Officer's Narration as Hearsay
Smith also challenges the trial court's admission of Officer Mattingly's testimony as improper hearsay. The trial court has broad discretion in determining the admissibility of testimonial evidence. State v. Smith, 117 Idaho 225, 232, 786 P.2d 1127, 1134 (1990). A decision to admit or deny such evidence will not be disturbed on appeal absent a clear showing of abuse of that discretion. Id. As discussed above, hearsay is an out-of-court statement offered in evidence to prove the truth of the matter asserted. I.R.E. 801(c); State v. Gomez, 126 Idaho 700, 704, 889 P.2d 729, 733 (Ct.App.1994). The hearsay rule also prohibits allowing a witness to give a summary of an out-of-court conversation if the purpose of such testimony is to prove the truth of the facts asserted in that conversation. Gomez, 126 Idaho at 704, 889 P.2d at 733 (describing that an explanation of a transaction constitutes hearsay if the words used indicate a particular fact). Hearsay is inadmissible unless otherwise provided by an exception in the Idaho Rules of Evidence or other rules of the Idaho Supreme Court. I.R.E. 802.
When a trial court's discretionary decision is reviewed on appeal, the appellate court conducts a multi-tiered inquiry to determine: (1) whether the lower court correctly perceived the issue as one of discretion; (2) whether the lower court acted within the boundaries of such discretion and consistently with any legal standards applicable to the specific choices before it; and (3) whether the lower court reached its decision by an exercise of reason. State v. Hedger, 115 Idaho 598, 600, 768 P.2d 1331, 1333 (1989).
Smith challenges the trial court's admission of a portion of the officer's trial testimony. During the playback of the video recording for the jury, the officer described the events in the video and stated, "[Kendle] is standing at the bar talking to what he said was his person that could supply him with mushrooms." The officer later identified the person at the bar as Smith.
Smith argues that this testimony constituted hearsay and did not fall within a recognized exception. We agree. Although the State argues that the officer's testimony gave context to the transaction shown on the video, we are not persuaded that the officer's statements were limited to explanatory words providing only context. The officer's explanation of the recorded transaction was a recounting of an out-of-court statement by Kendle and was an assertion of a particular fact: that Smith was Kendle's mushroom supplier. Further, during trial, the State did not argue for the admission of the statement on any grounds other than it was nonhearsay; there is nothing in the record indicating that the trial court considered admission of the statement on any other grounds or that it instructed the jury of the statement's limited use. On appeal, we need not consider any other justifications besides those offered during trial. See State v. Johnson, 148 Idaho 664, 670, 227 P.3d 918, 924 (2010). Therefore, we conclude that the trial court erred in admitting the officer's hearsay testimony.
This conclusion requires that we determine whether the error necessitates a new trial for Smith. "Any error, defect, irregularity, or variance which does not affect substantial rights shall be disregarded." Idaho Criminal Rule 52; see also State v. Stoddard, 105 Idaho 169, 171, 667 P.2d 272, 274 (Ct.App.1983) ("Error is not reversible unless it is prejudicial."). Thus, we examine whether the alleged error complained of in the present case was harmless. See State v. Lopez, 141 Idaho 575, 578, 114 P.3d 133, 136 (Ct.App.2005). The Court "must find beyond a reasonable doubt that the jury would have reached the same result without the admission of the challenged evidence." State v. Field, 144 Idaho 559, 572, 165 P.3d 273, 286 (2007) (quoting State v. Robinett, 141 Idaho 110, 113, 106 P.3d 436, 439 (2005)). Whether an error is harmless depends upon a number of factors including the significance of the testimony in the prosecution's case, the presence of corroborating evidence, and whether the testimony was cumulative. State v. Gerardo, 147 Idaho 22, 27, 205 P.3d 671, 676 (Ct.App.2009).
Here, Smith alleges that this evidence was "essentially the only evidence admitted at trial" implicating her in the mushroom delivery. However, this argument is not persuasive. Although the probative value of this testimony was to establish Smith as the person who would supply Kendle with mushrooms, the State presented other evidence to support this link between Smith and the transaction. The video, by itself, showed Kendle approaching Smith at the bar and conversing with her. Additional video and officer testimony established that Smith left the bar, returned approximately ten minutes later, and exited a vehicle carrying a brown paper bag. She walked across the parking lot carrying the bag, was heard opening and closing the door to Kendle's truck, and then walked back across the lot empty-handed. This corroborating evidence supports the reasonable conclusion that comports with the officer's hearsay statement that Smith "could supply [Kendle] with mushrooms." The improper statement was merely cumulative, it was not prejudicial. Therefore we conclude, beyond a reasonable doubt, that the jury would have reached the same result without the admission of the improper testimony.
C. Sufficiency of Evidence
Finally, Smith contends that there was insufficient evidence to support the jury's guilty verdict. Appellate review of the sufficiency of the evidence is limited in scope. A finding of guilt will not be overturned on appeal where there is substantial evidence upon which a reasonable trier of fact could have found that the prosecution sustained its burden of proving the essential elements of a crime beyond a reasonable doubt. State v. Herrera–Brito, 131 Idaho 383, 385, 957 P.2d 1099, 1101 (Ct.App.1998); State v. Knutson, 121 Idaho 101, 104, 822 P.2d 998, 1001 (Ct.App.1991). We will not substitute our view for that of the trier of fact as to the credibility of the witnesses, the weight to be given to the testimony, and the reasonable inferences to be drawn from the evidence. Knutson, 121 Idaho at 104, 822 P.2d at 1001; State v. Decker, 108 Idaho 683, 684, 701 P.2d 303, 304 (Ct.App.1985). Moreover, we will consider the evidence in the light most favorable to the prosecution. Herrera–Brito, 131 Idaho at 385, 957 P.2d at 1101; Knutson, 121 Idaho at 104, 822 P.2d at 1001. Substantial evidence may exist even when the evidence presented is solely circumstantial or when there is conflicting evidence. State v. Severson, 147 Idaho 694, 712, 215 P.3d 414, 432 (2009). Even when circumstantial evidence could be interpreted consistently with a finding of innocence, it is sufficient to uphold a guilty verdict when the evidence also gives rise to reasonable inferences of guilt. Id.; State v. Slawson, 124 Idaho 753, 757, 864 P.2d 199, 203 (Ct.App.1993).
The State was required to prove, beyond a reasonable doubt, that Smith "delivered, or aided and abetted in delivering, any amount of Psilocybin/Psilocyn Mushrooms ․ to another" and that she "either knew it was Psilocybin/Psilocyn Mushrooms or believed it was a controlled substance." Smith asserts that the evidence, at most, shows her proximity to criminal activity, which is not enough to support her conviction. She suggests that the evidence presented at trial did not establish: (1) that she was working together with Kendle in the transaction; (2) that she had the requisite knowledge that the bag contained a controlled substance; (3) that there was only one brown paper bag in Kendle's truck; or (4) that the bag procured by Detective Hight was the same one allegedly placed in the truck by Smith.
Contrary to Smith's arguments, there is substantial evidence in the record upon which a jury could reasonably conclude, beyond a reasonable doubt, that Smith was guilty of aiding and abetting in the delivery of a controlled substance. Each of Smith's contentions ignores the sufficiency of circumstantial evidence that can support a juror's reasonable inference of guilt. Detective Hight testified to the jury that after indicating to Kendle an interest in purchasing mushrooms, Kendle approached Smith in the bar. The jury watched video playback corroborating this testimony. Officer Mattingley testified to the jury that he witnessed Smith drive away from the bar parking lot, return ten minutes later, walk across the parking lot to Kendle's truck carrying a brown paper bag, then return across the parking lot to the bar without the brown paper bag. The video playback of the parking lot events corroborated that testimony. Both officers testified that they obtained a brown paper bag containing the psilocybin mushrooms from Kendle's truck.
The testimonial and video evidence presented to the jury formed a sufficient basis for a reasonable inference that Smith placed a bag in Kendle's truck; that the bag Smith placed in the truck was the same as the one procured by the officers; and that Smith was working with Kendle and knew that the paper bag contained psilocybin mushrooms. Because it is not this Court's position to assess the credibility of the witnesses or the weight of the testimony, we defer to the jury's assessment of the evidence presented in reaching their verdict. Therefore, we conclude that the evidence was sufficient such that a reasonable juror could conclude Smith's guilt beyond a reasonable doubt.
The trial court did not err when it admitted the nontestimonial audio portion of Kendle's statement. The admission of the hearsay testimony of Officer Mattingley was error, but such error was harmless. Finally, the evidence was sufficient for the jury to find Smith guilty of aiding and abetting in the delivery of a controlled substance. Accordingly, we affirm Smith's judgment of conviction.
1. Smith contested only the trial court's admission of the audio portion of the video during trial and on appeal. However, the audio on the recording was notably unintelligible and Smith does not contest the admissibility of any other specific statements.
2. During trial, the State only argued that the video recording was admissible for the nonhearsay purpose of demonstrating "how the case developed," and to "put [it] in context." On appeal, the State adds that the statements were also offered to show Smith's role in the transaction. Because it was raised for the first time on appeal, we do not consider this additional justification in reaching our decision. See, e.g., State v. Johnson, 148 Idaho 664, 670, 227 P.3d 918, 924 (2010) (noting that appellate review is limited to the arguments presented below); State v. Davis, 155 Idaho 216, 219, 307 P.3d 1242, 1245 (Ct.App.2013) (holding that defendant's nonspecific justification for admission of testimony at trial did not preserve her specific nonhearsay justification raised for the first time on appeal).
GUTIERREZ, Judge.
Chief Judge MELANSON and Judge GRATTON concur.

redpajama_set_name: RedPajamaCommonCrawl


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Kodiac - Formless and Void
By Ulla Roschat. Doom duo Kodiac from St. Louis/MO offer their 3rd EP called Formless and Void. It consists of only two tracks and has an overall playing time of 11 minutes and 2 seconds. That's short, all right. For one thing it simply
By Ulla Roschat.
Doom duo Kodiac from St. Louis/MO offer their 3rd EP called Formless and Void. It consists of only two tracks and has an overall playing time of 11 minutes and 2 seconds. That's short, all right. For one thing it simply doesn't need more than that to blow your mind and give you a listening experience that feels totally complete, then again it makes you want to hear more from Kodiac and their distinct style of Depressive Doom.
The two songs differ much from one another. The first one, "Nocturnal Ambrosia", is about half as long (3:44) as the second one "Figure In The Garden" (7:18). It is also an instrumental piece, whereas the other one gifts us with an abundance of vocal bliss and deeply touching lyrics. Most striking though is how they vary in the intensity of their respective sound.
"Nocturnal Ambrosia" is characterized by a mainly quiet and thrifty sound, but not in the sense of sounding "acoustic", there's definitely an "electric" feel to it coming from a cold guitar tone and tremolo in almost Black or Post Metal style. The song creates a kind of pastoral atmosphere right from the start, but the images that appear are like photographic negatives of pastoral scenes, low crackling noises add a creepy nostalgia and all this builds up a growing sense of uneasiness.
Towards the end the song gathers energy with a slow plodding but driving drum beat and sound and mood get more intense to prepare you for what's to come in "Figure in the Garden". Here nothing is quiet or thrifty - far from that - except for a calmer part in the middle of the song, pure massive Doom power thunders down on you. Sound and atmosphere are dense and intense throughout the entire song and the vocals hurl their painful and unsettling messages at you.
Despite their ostensible contrasts, the two songs are closely linked, it actually feels like they are one song. Not only do they merge seamlessly into one another, they relate to each other in their melodies, guitar tone, their moods of darkness and depressing melancholy. Even the pastoral feel of "Nocturnal Ambrosia" lingers on in "Figure in the Garden". If you listen to Formless and Void in a continuous loop (like I did the last couple days), you'll notice that it doesn't even matter with which song you start, you'll always get a cohesive story and an organic sound.
There are no frills in sound and song structures. Everything feels very immediate, natural and unfiltered, the force of the thundering sound as well as the beautiful melancholic melodies and the gut-wrenching words. Both songs together develop an avalanche-like dynamic that grabs you with an overwhelming emotional impact and inevitably tears you down into abyssal nothingness.
Formless and Void by KODIAC
Labels: 2018, doom metal, Kodiac, Ulla Roschat
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SC REJECTS PLEA TO STALL DEPORTATION OF ROHINGYAS
Home » SC REJECTS PLEA TO STALL DEPORTATION OF ROHINGYAS
The Supreme Court rejects a plea that had sought the release of at least 150 Rohingya refugees detained in a Jammu sub-jail and the stalling of deportation.
GS-II: Social Justice (Governance and Government Policies, Issues Arising Out of Design & Implementation of Policies)
Dimensions of the Article:
About the Supreme Court judgement on the deportation of Rohingya refugees and the reactions to it
International Laws in relation with handling Refugees
How refugees are treated / have been treated in India?
What is the role of Indian Judiciary in protecting refugees?
The SC bench added the caveat that the deportation of Rohingya refugees from Jammu must follow due procedure, which involved their proper identification and acknowledgment of their citizenship by the Myanmar government.
The government called the Rohingya "absolutely illegal immigrants" who posed "serious threats to national security" and also contended that the right to settle in India could not be asserted by illegal immigrants under the garb of the Constitution's Article 21, which guarantees the right to life and liberty.
On the instructions of the Union ministry of home affairs, the Jammu & Kashmir administration started a verification drive of the Rohingya, and moved some of them to a holding centre, pending their potential deportation. India has previously deported Rohingya refugees.
The Centre's affidavit maintained that it has to first secure the interests of its own citizens before those of illegal immigrants who, it said, were casting a burden on the already depleting natural resources of the country in addition to posing a security threat.
The Jammu & Kashmir administration also cautioned the bench against "starting a dangerous trend" by interfering with a subject related to illegal immigrants and diplomatic relations with another country.
Even though the refugees are foreigners in the country of asylum, by virtue of the International Covenant on Civil and Political Rights (ICCPR), 1966, they could enjoy the same fundamental rights and freedoms as nationals.
The 1951 Refugee Convention asserts that a refugee should not be returned to a country where they face serious threats to their life or freedom, and the core principle of the convention is non-refoulement. (Refoulement means the forcible return of refugees or asylum seekers to a country where they are liable to be subjected to persecution.)
India hosts over 2,00,000 refugees, victims of civil strife and war in Tibet, Bangladesh, Sri Lanka, Pakistan, Afghanistan and Myanmar. Some refugees, the Tibetans who arrived between 1959 and 1962, were given adequate refuge in over 38 settlements, with all privileges provided to an Indian citizen excluding the right to vote).
The Afghan refugees fleeing the civil war in the 1980s live in slums across Delhi with no legal status or formal documents to allow them to work or establish businesses in India.
The Foreigners Act (1946) and the Registration of Foreigners Act (1939) currently govern the entry and exit of all refugees, treating them as foreigners without due consideration of their special circumstances.
Refugees have been accorded constitutional protection by the judiciary (National Human Rights Commission vs State of Arunachal Pradesh, 1996).
In addition, the Supreme Court has held that the right to equality (Article 14) and right to life and personal liberty (Article 21) extends to refugees.
India remains the only significant democracy without legislation specifically for refugees. A well-defined asylum law would establish a formal refuge granting process with suitable exclusions (war criminals, serious offenders, etc.) kept.
-Source: Hindustan Times
How Are The Indian Budget and The Economic Survey Made?


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How's Who
How's Who #3: Battlefield
TARDIS Crew: Seventh Doctor (he of the perpetually trilling R's, Sylvester McCoy) and Ace (Sophie Aldred).
The Plot: A distress signal brings the Doctor and Ace to Lake Vortigern in England, where he encounters a UNIT nuclear missile convoy and a whole slew of extradimensional knights who insist that he's Merlin. He isn't - yet - but that doesn't mean that they want to kill him any less. And since UNIT is involved, Brigadier Lethbridge-Stewart (Nicholas Courtney) all but leaps out of retirement to team up with the Doctor one last time, and if he's not careful, it really will be the last time, since the knights' queen, Morgaine (Jean Marsh) - as in the sister of King Arthur - wants to defeat Merlin and her brother (who might just be resurrected) at any cost, whether it involves using her minions, a monster called the Destroyer, or that big nuclear missile currently parked by the lake.
The Thoughts: This serial has its problems - most of them budgetary, with a few random go-nowhere plot elements dropped in here and there - but it's very easy to overlook them because overall, this is a very fun story. For one thing, I'm pretty sure this is the first time in the history of the series that the Doctor has to deal with the fall-out from an adventure he hasn't even had yet (first time in an official TV adventure, anyway). For a show about travel through time and space, I'm surprised it took them 26 seasons to get around to that idea.
Also, it's Doctor Who mixed with Arthurian stuff. Sci-fi Arthurian stuff where someone is as likely to pull out a laser pistol as a sword, but still, that's just cool. I'm not made of stone here.
And it doesn't hurt that it's basically Old Home Week for the show. You've got UNIT, Bessie the car, references to any number of Jon Pertwee and Tom Baker characters and monsters (the Doctor to Ace, when asking her to pose as Liz Shaw: "Think like a physicist."), and of course, the returns of both Courtney and Marsh, notable not only because they've both appeared on the program in the past, but because they played brother and sister Bret Vyon and Sara Kingdom WAAAAAY back in the William Hartnell story "The Daleks' Master Plan," so it's a reunion within a reunion. Neat trick, that.
To say Nicholas Courtney is great as the Brig is as much a foregone conclusion as to say that grass is that stuff that grows out of the ground that I need to mow sporadically. But there's an extra layer to his performance here as the old soldier going back into battle to help his friend not because he's bored and desperate for action (he seems to quite enjoy retirement on his palatial spread), but because that's what an honorable soldier does (that's not to say he doesn't like being back in the thick of things, however).
The idea of martial honor plays a big part in Jean Marsh's Morgaine, too. She loves her some warfare, but she insists things are done properly. When she discovers her son has desecrated a military cemetery, she halts her plans in order to hold a ceremony honoring the soldiers buried there, and invites the Brigadier to join her, no less. They're enemies, sure, and pretty much pledge to kill each other when they next meet, but there's a mutual respect that can't be denied. Morgaine definitely sees a kindred spirit in the Brig, because he plays by the rules as she sees them, whereas she'd like to squash the Doctor like a bug because he keeps trying to change the game (even if, as she claims, she's actually better at the game than him). Morgaine would have been such an easy role to chew scenery with, but Marsh plays it quieter and more restrained, and is all the more sinister as a result. Script and actor combine to make a hell of a villain, which is all the more impressive in a series that's not known for subtlety.
Overall: If you can get past the McCoy-era budget (you'd think UNIT could afford a better helicopter, huh?), a few plot points dropped as quickly as they're introduced (why does everyone lose interest in Excalibur's scabbard?), and some cheesy performances (esp. UNIT's new Brigadier, Winifred Bambera, as played by the woman who was the alternate universe female Dave Lister on that one Red Dwarf episode), you'll probably enjoy this a lot, especially if you're a fan of Jon Pertwee and Tom Baker stories. And McCoy has a few funny moments, nor is he as prone to random shouting as he'll get at the end of the season yet, so that's nice.
A quick word about Ace: Ace is super-protective of the Doctor in this story, to the point that she resents his relationship with the Brigadier and seemingly the very idea that there were companions before her. It's less annoying on Ace than it ever was on Rose, though. For one thing, Ace is looking after someone who is not merely a mentor or father figure to her, but the one authority figure in her life who ever made her feel worthwhile, so her "guard dog" attitude is really sweet. Whereas Rose was just plain jealousy personified, because OMG she luvs the Doctor and he's totally gonna be her Edward Cullen and they're gonna go and make sparkly babies or some shit.
Also, it doesn't hurt that Sophie Aldred is cute as hell.
Labels: Doctor Who How's Who TV
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text:
Call our Stop it Now! Confidential helpline today
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Child sexual abuse strategy announced by home secretary
The home secretary, Sajid Javid, has announced plans to publish a new cross-government strategy to tackle child sexual abuse. The strategy will focus on both online and offline abuse, and will bring together different government departments, charities and other organisations to coordinate the different ways they work to keep children safe. In September, Mr Javid announced a partnership with The Lucy Faithfull Foundation, including a Read More
News from the Internet Watch Foundation
According to data released today by The Internet Watch Foundation, 105,047 URLs containing child sexual abuse imagery (CSAI) or videos were identified and blocked over the last year, an increase of more than a third on the year before. The IWF have said that much of the increase was due to an improvement in the technology it uses to detect and assess criminal content. Promisingly, they have also found that the proportion of images Read More
The Lucy Faithfull Foundation response to the government's online harms white paper
The Lucy Faithfull Foundation is the only UK-wide child protection charity dedicated solely to preventing child sexual abuse. It works with entire families affected by or concerned about abuse including: adult male and female sexual abusers; young people with inappropriate sexual behaviours; victims of abuse and other family members; front-line workers and professionals. In response to the government's Online Harms White Read More
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Just as summer was begining here in Los Angeles I had a call from a lovely lady wanting to book a portrait shoot for her baby. We finally decided on an evening and enjoyed the golden magical light of the late afternoon/early evening – my favourite time to shoot. The location was in Hancock Park and the white picket fence and charming little gate were the perfect framing for portraits of Mallory. What a beautiful little girl! She was so good and didn't cry once during our two hour shoot – very well behaved for a six month old baby… So for those of you wondering if two hours is too long for a portrait shoot of your baby, its actually the ideal time! It gives the parents, and baby, the time to relax with no pressure to rush from one outfit change to the next and be able to enjoy some quality time as a family – this is when the real magic happens!


Our approach is fairly old school regarding gender roles in dating. Therefore this article will be exclusively for gentlemen.
Ladies not to worry, you will also have an article full of tips just for you in a couple of weeks.
You might spontaneously want to see the lady, however suggesting a date on the same day or giving little notice is not very appealing to ladies in general. Always allow at least three days notice, a lady going on a first date needs some time and often a few appointments such as a beautician/hairdresser, shopping and so on.
Suggesting picking up a lady you are taking out is very chivalrous and women love the gesture, getting her home safely after the date is also good. If you are at a walking distance from her place, suggest walking instead of driving or taking a cab. However, your date might not accept the offer as you do not know each other yet. Do not insist, offering once is more than enough and the lady will remember the gesture even if she did not accept.
We suggest you invite your date for a drink on the first date, you never know how well you can connect, a two hours dinner might feel very long if there isn't any chemistry. However, booking a table for dinner close by or at the same place you are meeting for drinks is a smart move. It will show that you are organised and were planning on spending more time with your date.
If you invite your date out for dinner, do not ask your date which area she would like to dine in or worse which restaurant. Suggest to her a few areas that would be convenient for both of you and give her the option, rather than expecting her to pick the restaurant, simply ask her which cuisine she prefers instead and pick accordingly.
The classiest way is to pay the bill without your date even noticing you did. If you ask for the bill make sure your date does not see the amount. Avoid spending minutes reviewing it either, as it can be uncomfortable for the lady.
This one is personal; generally speaking if a lady wants you to kiss her she will send you signals, share personal information, she will flirt back and be overly attentive to your tales.
If your rule is to systematically kiss after a first or second date, lose it! Some women like to reflect their date with you, others are shy and could perceive you as overly aggressive.
Texting is everything but personal. Of course you can text but when you start dating someone, pick up your phone and give her a call asking how her day is going, or to say that you are thinking of her.
Listening to each other's voice, emotions and laughter will create a much quicker bond and make it a lot more personal.
Not everyone has been educated formally on how to treat a lady, it is never too late to learn.
Always open the door, not just to your date but to other women as well, walk first when entering a restaurant, that way you announce that the lady is with you. Walk first when going down the stairs, if she slips on her heels you can catch her.


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text:
Testimony and Statement for the Record of
Marc Rotenberg
Executive Director, Electronic Privacy Information Center
Adjunct Professor, Georgetown University Law Center
Hearing on the
Use and Misuse of the Social Security Number
Subcommittee on Social Security
Committee on Ways and Means
B-318 Rayburn House Office Building
My name is Marc Rotenberg and I am the executive director of the Electronic Privacy Information Center, a public interest research organization based here in Washington DC. I am also on the faculty of the Georgetown University Law Center where I have taught the Law of Information Privacy for ten years. I have also participated in the litigation of two of the leading cases on the use of the Social Security Number.
I appreciate the opportunity to testify this morning. I will briefly review the legal status of efforts to regulate the use of the SSN, discuss some of the recent problems with universal unique identifiers, such as the SSN, and make a few brief recommendations. I believe that legislation to limit the collection and use of the SSN is appropriate, necessary, and fully consistent with US law. I also believe that if Congress fails to act, the problems that consumers will face in the next few years are likely to increase significantly.
I should note also that the Supreme Court just yesterday issued a ruling in an important case concerning a First Amendment challenge to the publication of information obtained by means of illegal wiretap. I will say a few words about the possible significance of this opinion for SSN legislation under consideration now by Congress.
History of the SSN and the Efforts to Regulate
The Social Security Number (SSN) was created in 1936 as a nine-digit account number assigned by the Secretary of Health and Human Services for the purpose of administering the Social Security laws. SSNs were first intended for use exclusively by the federal government as a means of tracking earnings to determine the amount of Social Security taxes to credit to each worker's account. Over time, however, SSNs were permitted to be used for purposes unrelated to the administration of the Social Security system. For example, in 1961 Congress authorized the Internal Revenue Service to use SSNs as taxpayer identification numbers.1
A major government report on privacy in 1973 outlined many of the concerns with the use and misuse of the Social Security Number that show a striking resemblance to the problems that consumers face today. Although the term "identify theft" was not yet in use, Records Computers and the Rights of Citizens described the risks of a "Standard Universal Identifier," how the number was promoting invasive profiling, and that many of the uses were clearly inconsistent with the original purpose of the 1936 Act. The report recommended several limitations on the use of the SSN and specifically said that legislation should be adopted "prohibiting use of an SSN, or any number represented as an SSN for promotional or commercial purposes."2
In response to growing concerns over the accumulation of massive amounts of personal information and the recommendations contained in the 1973 report, Congress passed the Privacy Act of 1974. Among other things, this Act makes it unlawful for a governmental agency to deny a right, benefit, or privilege merely because the individual refuses to disclose his SSN. This is a critical principle to keep in mind today because consumers in the commercial sphere often face the choice of giving up their privacy, their SSN, to obtain a service or product. The drafters of the 1974 law tried to prevent citizens from facing such unfair choices, particularly in the context of government services. But there is no reason that this principle could not apply equally to the private sector, and that was clearly the intent of the authors of the 1973 report.
In addition, Section 7 of the Privacy Act further provides that any agency requesting an individual to disclose his SSN must "inform that individual whether that disclosure is mandatory or voluntary, by what statutory authority such number is solicited, and what uses will be made of it."3 At the time of its enactment, Congress recognized the dangers of widespread use of SSNs as universal identifiers. In its report supporting the adoption of this provision, the Senate Committee stated that the widespread use of SSNs as universal identifiers in the public and private sectors is "one of the most serious manifestations of privacy concerns in the Nation."4 Short of prohibiting the use of the SSN outright, this provision in the Privacy Act attempts to limit the use of the number to only those purposes where there is clear legal authority to collect the SSN. It was hoped that citizens, fully informed where the disclosure was not required by law and facing no loss of opportunity in failing to provide the SSN, would be unlikely to provide an SSN and institutions would not pursue the SSN as a form of identification.
The use of the SSN has expanded significantly since the provision was adopted in 1974. This is particularly clear in the financial services sector. In an effort to collect and share financial information about Americans, companies trading in financial information are the largest private-sector users of SSNs, and it is these companies that are among the strongest opponents of SSN restrictions. For example, credit bureaus maintain over 400 million files, with information on almost ninety percent of the American adult population. These credit bureau records are keyed to the individual SSN. Such information is freely sold and traded, virtually without legal limitations.5
But it is also critical to understand that the legal protection to limit the collection and use of the SSN is still present in the Privacy Act and can be found also in court decisions, which recognize that there is a constitutional basis to limit the collection and use of the Social Security Number. When a Federal Appeals court was asked to consider whether the state of Virginia could compel a voter to disclose an SSN that would subsequently be published in the public voting rolls, the Court noted the growing concern about the use and misuse of the SSN, particularly with regard to financial services. The Fourth Circuit said:
Since the passage of the Privacy Act, an individual's concern over his SSN's confidentiality and misuse has become significantly more compelling. For example, armed with one's SSN, an unscrupulous individual could obtain a person's welfare benefits or Social Security benefits, order new checks at a new address on that person's checking account, obtain credit cards, or even obtain the person's paycheck. . . . . Succinctly stated, the harm that can be inflicted from the disclosure of a SSN to an unscrupulous individual is alarming and potentially financially ruinous.6
The Court said that:
The statutes at issue compel a would-be voter in Virginia to consent to the possibility of a profound invasion of privacy when exercising the fundamental right to vote. As illustrated by the examples of the potential harm that the dissemination of an individual's SSN can inflict, Greidinger's decision not to provide his SSN is eminently reasonable. In other words, Greidinger's fundamental right to vote is substantially burdened to the extent the statutes at issue permit the public disclosure of his SSN.7
The Court concluded that to the extent the Virginia voting laws, "permit the public disclosure of Greidinger's SSN as a condition of his right to vote, it creates an intolerable burden on that right as protected by the First and Fourteenth Amendments."8
In a second case, testing whether a state could be required to disclose the SSNs of state employees under a state open record law where there was a strong presumption in favor of disclosure, the Ohio Supreme Court held that there were privacy limitations in the federal Constitution that weighed against disclosure of the SSN. The court concluded that:
We find today that the high potential for fraud and victimization caused by the unchecked release of city employee SSNs outweighs the minimal information about governmental processes gained through the release of the SSNs. Our holding is not intended to interfere with meritorious investigations conducted by the press, but instead is intended to preserve one of the fundamental principles of American constitutional law -- ours is a government of limited power. We conclude that the United States Constitution forbids disclosure under the circumstances of this case. Therefore, reconciling federal constitutional law with Ohio's Public Records Act, we conclude that [the provision] does not mandate that the city of Akron discloses the SSNs of all of its employees upon demand.9
While it is true that many companies and government agencies today use the Social Security Number indiscriminately as a form of identification, it is also clear from the 1936 Act, the 1974 provision, and these two cases -- Greidinger v. Davis and Beacon Journal v. City of Akron -- that there is plenty of legislative and judicial support for limitations on the collection and use of the SSN. The question is therefore squarely presented whether the Congress will at this point in time follow in this tradition, respond to growing public concern, and establish the safeguards that are necessary to ensure that the problems associated with the use of the SSN do not increase.
More recently, the question has been raised whether the First Amendment could limit the ability of Congress to pass legislation protecting personal information. But two different courts in the context of the privacy provisions contained in the Financial Services Modernization Act have made clear that such statutes are permissible.
In TransUnion v. FTC the DC Circuit found that the government's interest in keeping personally identifiable information private was substantial and upheld the FTC's ban on the sale of target marketing lists. And a DC District Court in IRSG v. FTC upheld restrictions on "credit header" information, which includes names, address, and social security number, and said that:
The speech does not involve any matter of public concern, but consists of information of interest solely to the speaker and the client audience. Thus, restriction on the dissemination of this nonpublic personal information does not impinge upon any public debate.
Id. at 51.
In some circumstances, for example when the SSN is used in the context of political speech, then the privacy interest would likely give way to the First Amendment interest. If, for example, a journalist or a political activist were to disclose an SSN for the purpose of drawing attention to a privacy issue, then I believe a court must review any effort to restrict such speech under strict scrutiny analysis. But where the SSN is collected, used, and disclosed in the context of commercial relations, then I believe a privacy statute would survive a Constitutional challenge.
Specific Problems with the IRSG
Several years ago significant public concern was raised about information brokers that routinely buy and sell detailed personal information, including Social Security Numbers. The Individual Reference Services Group was established to improve practices in the industry. We do not believe these principles provide sufficient safeguards for consumers. We also do not think the discussion between public and non-public information incorporated in GLB is consistent with the general purpose of privacy laws.
IRSG companies gather and sell Social Security numbers. Social Security numbers are collected from a variety of public and non-public sources. Public documents such as bankruptcy filings and other types of court records often contain Social Security numbers of the parties to a proceeding. Non-public documents such as credit headers, the identifying information at the top of credit reports (including names, addresses, ages and SSNs), are also culled for information. IRSG companies use both public and non-public sources of personal information to compile data on individuals.
During 1997, the IRSG worked with the Federal Trade Commission, absent public input, to develop a set of self-regulatory principles.10 These self-regulatory principles allow the sale of Social Security numbers without the knowledge and permission of the data subject.
Under the IRSG Principles, companies can freely sell and distribute SSNs gathered from public records. The IRSG Principles treat the same data, Social Security numbers, differently if it comes from a non-public source such as credit headers. However, the guidelines for the sale of Social Security numbers from non-public sources are completely subjective and largely ignore the privacy interests of the data subject.
The IRSG Principles create a three-tier system for the sale of information gathered from non-public sources. The first tier for the sale of Social Security numbers applies to "qualified subscribers." Complete Social Security numbers can be sold to those deemed to fall into this category. There is no definition of what makes someone whom wishes to purchase a social security number a "qualified subscriber." Moreover, the conditions that qualified subscribers must meet under the IRSG Principles rely entirely on the determination of the data seller and the data purchaser on what is an "appropriate" use of such information. The data subject, the person whose Social Security number is being collected and sold, has no input into whether such use is in fact "appropriate."11 The balancing process for deciding whether such uses are appropriate is carried out by the parties selling and purchasing the data; that is, the ones that have a strong interest in letting a transaction proceed. In addition, IRSG companies do not have a strong incentive to establish whether information being sold to a responsible entity that will use data in a strictly appropriate manner.
Oversight of IRSG companies is generally weak. Yearly assessments required by the IRSG Principles, are conducted by "reasonably qualified independent professional" services. The assessment criteria, in many places, simply ask whether IRSG companies have some process in place, rather than evaluating whether such a process is effective.12 The assessment criteria do not seek to evaluate whether such qualifications are stringent enough or even if they are evenly applied among different IRSG companies. The criteria do not even try to offer some metric against which qualifications can be measured. In addition, none of the results of assessments are publicly displayed. None of the third-party assessments conducted in the past three years provide the answers to the questions asked during the assessments.13 The third-party assessment information page simply lists the company that conducted the assessment.
The failings of the IRSG Principles, and their general disregard of privacy protections, are a result of the lack of statutory protections for the underlying information. Without such legal protection for personal information, companies like the members of the IRSG will continue to traffic in personal data without the knowledge or permission of data subjects.
Crafting SSN legislation
We believe it is appropriate, necessary and consistent with other privacy measures to develop and enact legislation in the 107th Congress that will safeguard the use of the SSN. We also believe it is important to take a long-term view of the SSN. The best legislative strategy is one that discourages the collection of the SSN and that encourages organizations to develop alternative systems of record identification.
We further recommend that legislation:
Limit the use of the SSN to those circumstances where use is explicitly authorized by law. For example, an employer should be permitted to ask an employee for an SSN for tax-reporting purposes (as long as the SSN remains the Taxpayer Identification Number), but a health club should not be permitted to ask a customer for an SSN as a condition of membership.
Prohibit the sale and limit the display of the SSN by government agencies. It is simply inconsistent with Section 7 of the Privacy Act to allow the federal government to disseminate the SSN.
Prevent companies from compelling consumers to disclose their SSN as a condition of service or sale unless there is a statutory basis for the request
Penalize the fraudulent use of another person's SSN but not the use of an SSN that is not associated with an actual individual. This would permit, for example, a person to provide a number such as "123-00-6789" where there is no intent to commit fraud.
Encourage the development of alternative, less intrusive means of identification. We believe that the National Research Council should be funded to undertake research on new techniques that enable records management while minimizing privacy risks.
We do not believe there is any reason to distinguish between Internet-based and non-Internet based disclosure of SSN. The legislation in this area should focus on the subject matter and remain "technologically neutral." We also favor a proposal made by Robert Ellis Smith, publisher of the Privacy Journal, that would prohibit the sale or purchase of an SSN.
It is important to emphasize the unique status of the Social Security Number in the world of privacy. There is no other form of individual identification that plays a more significant role in record-linkage and no other form of personal identification that poses a greater risk to personal privacy. Given the unique status of the SSN, the established link to identity theft and the specific economic harms that result, as well as the clear history in federal statute and case law, it is fully appropriate for Congress to pass legislation.
Thank you for the opportunity to testify today. I will be pleased to answer your questions.
1. Pub. L. No. 87-397, 75 Stat. 828 (codified as amended at 26 U.S.C. §§ 6113, 6676) cited in Greidinger at 27-28.
2. Records, Computers and the Rights of Citizens at 135.
3. (a)(1) It shall be unlawful for any Federal, State, or local government agency to deny any individual any right, benefit or privilege provided by law because of such individual's refusal to disclose his social security account number. (2) the provisions of paragraph (1) of this subsection shall not apply with respect to - (A) any disclosure which is required by Federal statute, or (B) the disclosure of a social security number to any Federal, State, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual. (b) Any Federal, State, or local government agency which requests an individual to disclose his social security account number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it.
See Pub. L. No. 93-579, 7. This provision of the Privacy Act was never codified, but is instead set out as a historical note to 5 U.S.C.A 552a (West 1996).
4. S.Rep. No. 1183, 93d Cong., 2d Sess., reprinted in 1974 U.S. Code Cong. & Admin. News 6916, 6943, cited in Greidinger at 29.
5. Komuves at 557.
6. Greidinger at 30-31.
8. Greidinger at 36.
9. Beacon Journal at 17.
10. http://www.irsg.org/html/industry_principles_principles.htm
11. The terms appropriate or appropriately are defined as "actions or uses that are reasonable under the circumstances reflecting a balance between the interest of individual privacy and legitimate business, governmental, and personal uses of information, including prevention and detection of fraud."
12. http://www.irsg.org/html/criteria.htm
13. http://www.irsg.org/html/3rd_party_assessments.htm
Electronic Privacy Information Center, "Social Security Numbers" [http://www.epic.org/privacy/ssn/]
Flavio L. Komuves, "A Perspective on Privacy, Information Technology an the Internet: We've Got Your Number: An Overview of Legislation and Decisions to Control the Use of Social Security Numbers as Personal Identifiers," 16 J. Marshall J. Computer & Info. L. 529 (1998)
Testimony of Marc Rotenberg, Computer Professionals for Social Responsibility, "Use of Social Security Number as a National Identifier," Before the Subcomm. on Social Security of the House Comm. on Ways and Means, 102d Cong., 1st Sess. 71 (February 27, 1991)
Greidinger v. Davis, 988 F.2d 1344 (4th Cir. 1993) and brief amicus curiae for CPSR (Marc Rotenberg and David Sobel) (SSN requirement for voter registration) (lead case on privacy of Social Security number)
Beacon Journal v. City of Akron, 70 Ohio St. 3d 605 (Ohio 1994) and brief amicus curiae for CPSR (Marc Rotenberg and David Sobel) (SSN disclosure of city employees)
IRSG v. FTC, Memorandum Opinion, D.C. Cir., Apr. 30, 2001.
Marc Rotenberg, Privacy Law Sourcebook: United States Law, International Law, and Recent Developments (EPIC 2000)
Department of Health, Education, and Welfare, Records, Computers, and the Rights of Citizens 108-35 (MIT 1973) (Social Security Number as a Standard Universal Identifier and Recommendations Regarding Use of Social Security Number)


text:
Here's Why Anne Hathaway Is Giving Up Alcohol
By Jenna Rennert
While many Americans partake in Dry January, the annual commitment to cut out alcohol for an entire four weeks, actress Anne Hathaway has revealed she has decided to stop drinking for the next 18 years, or more. During an appearance on The Ellen DeGeneres Show, the Oscar winner candidly disclosed she took the sober pledge to keep up with her busy life as a mom—since it turns out early mornings don't exactly pair well with a hangover.
"I quit drinking back in October," Hathaway explained. "I'm going to stop drinking while my son is in my house just because I don't totally love the way I do it, and he's getting to an age where he really does need me all the time in the mornings." According to the actress, one early a.m. while dropping her toddler off at school, she felt tremendously hungover, and apparently "that was enough."
The Serenity star joins the ranks of famed Hollywood A-listers who opt out of happy hour: Jennifer Lopez, Keith Richards, and Natalie Portman have all decided to live booze free in pursuit of healthier lifestyles. Beyond an easy morning-after, the practice has been said to reduce inflammation, improve sleep patterns, and give skin a certain lit-from-within glow—all benefits that give that dirty martini habit a serious run for its money.
TopicsAnne Hathaway


The rioting crowd at the Democrat National Convention wouldn't even let Bill Clinton speak tonight. I guess they found a way to shut him up that didn't play poorly for the television cameras. The man was one of our Presidents and deserved to be heard not hooted and hollered so that he couldn't even get a word out. Clinton put on a brave face for Hillary, but you know he wants McCain to win. I give Bill credit for going through with it, but you know when he did things like calling John McCain an extremist that his heart wasn't in it.


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Home adaptations: When access becomes a barrier
Researchers at Northumbria University describe the importance of home adaptations for older and disabled people, and the barriers to accessing these.
Why home adaptations?
People's ability to modify their own home to better suit their needs is key to facilitate healthy independent living. Home adaptations can be cost-effective in preventing falls and injuries, improving performance of everyday activities and improving mental health.
Our study, funded by the Centre for Ageing Better, aimed to understand motivations for and barriers to acquiring home adaptations, and their impact on quality of life. By speaking with older people and practitioners, we found that a typical home adaptations journey covers four phases – triggers, access, installation and outcomes. These were informed by 'contexts and capabilities', shown in Figure 1 below.
Figure 1: The home adaptations journey
Access as a barrier
Previous research shows that delaying installation of home adaptations until crisis point can reduce their effectiveness. Within our study, 'access' (i.e. the process of identifying appropriate adaptations and the services/funding needed to deliver them), was a barrier which resulted in continued use of unsuitable home environments, or accessing adaptations inappropriate for people's needs.
Barriers to access were often due to:
Not understanding what home adaptations were available
The processes required to access them
Logistical issues (particularly long delays and waiting lists)
Cost (including poor awareness of available funding)
Tenure (notably in the private rented sector).
"I was dreading getting assessed"
Unable to access an adaptation at the rear of her property due to ineligibility, one of our research participants fitted a temporary handrail, which she did not have confidence using (Figure 2).
Figure 2: Self-funded, temporary home adaptation
"I would like a rail there. I'm finding it a bit wary about trusting them. And it's too far to step. I've bought these artificial steps myself, but they're not much good."
She described the assessment process as being a barrier to acquiring further adaptations which she needed, stating she did not want to "cave in yet" as she was fearful of losing her Attendance Allowance and was "dreading getting assessed".
"All that trouble – filling the form in. You've got to show your bank statement and… You're frightened in case you've spent too much on something."
For those who were applying for local authority grants and services, eligibility criteria was seen as a potential barrier to access, particularly for those who felt unfairly treated within financial assessments. Meanwhile, others were also unsure about what was available and at what cost.
"I don't really need a stair lift because I've got the two bannisters. I can't really afford one of them, anyway. Because you've got to pay for them – for stair lifts, haven't you?"
Participants feared rejection on financial grounds and unnecessary delay, which deterred them from applying for local authority services. Along with this reducing the likelihood of accessing adaptations, it increased anxiety around self-funding due to it being too costly or resulting in a poor-quality job.
"The occupation health... She said you're better off letting us put it in because it'll be done properly. You might get somebody that puts it in and might... You know, unless you get a really good workman to do it."
"I had to take out a loan"
Another participant had a very different experience and self-funded all of the adaptations in her home, including a new wet room. However, the salesman caught her at a vulnerable time, shortly after her husband had passed away, and she "just agreed to everything".
"It was somebody knocking on the door […] the firm canvassed and it wasn't a good firm at all … I had to take out a loan, so it's going to be another five years before it's paid off."
She had felt pressured and duped into buying the adaptation. Even after this experience, she remains unfamiliar with these processes, and with her eligibility of similar services.
It isn't all bad news! Participants described a number of positive suggestions to help access home adaptations. Some expressed the importance of promotion, awareness and a supportive system, which aided positive experiences of installation and good outcomes.
For practitioners, a successful outcome focused on improving quality of life, independence and preventing deteriorating health. Practitioners also reflected on ways to improve the home adaptations journey, such as having access to up-to-date information, clear assessment processes and timelines, a 'display' shop demonstrating domestic spaces and use of home adaptations, and also the need to keep abreast of new developments, products and technology. Long-term there was agreement that 'future homes' need to be accessible but also acknowledgement of the issues surrounding this.
"Because land is that much at a premium, everything they're building is three, four storeys. In 20, 30 years' time, you're not going to be able to adapt those properties" (Building Contractor)
What support is available?
The Disabled Facilities Grant (DFG) provides funding for home adaptations related to disability. DFG funding is provided by central government to local authorities who can then choose to add their own contribution. The total funding is then distributed to applicants subject to necessity, appropriateness, applicant's needs and other considerations. Applicants are subjected to a means test, with their income and savings taken into account. Successful applicants may receive funding to pass on to contractors, or the local authority may organise and pay for work directly. In addition to the DFG, many local authorities provide minor adaptations (under £1,000) such as grab rails, without a full assessment.
To find out more about our project, please visit https://www.ageing-better.org.uk/publications/homes-that-help.
Dr Gemma Wilson, Dr Catherine Bailey, Dr Phillip Hodgson, Dr Dominic Aitken are researchers at Northumbria University.
Have you been affected by any of these issues?
If you have been affected by any of the issues described in this blog, or simply need someone to reach out to, you can call Independent Age's freephone Helpline for information and advice on 0800 319 6789.
The views and opinions expressed in this article are those of the author and do not necessarily reflect the policy or position of Independent Age
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20 December 2019 The 2019 General Election - Independent Age's role
How did Independent Age approach the 2019 General Election to keep older people's issues at the top...
20 December 2019 2019 campaign highlights
It's been a busy year for Independent Age's Policy & Influencing teams. Campaigns Manager Morgan...
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Preliminary traffic figures from the Association of Asia Pacific Airlines (AAPA) for the month of February 2019 show encouraging growth in international air passenger markets, supported by increased leisure travel demand during the Lunar New Year celebrations.
On the other hand, closure of businesses during the festive period further aggravated the prevailing weakness in air cargo markets.
The number of international passengers carried by the region's airlines climbed 4.4% higher in February, on top of the strong growth recorded during the same month last year. Demand as measured in revenue passenger kilometres (RPK) increased by 4.3% year-on-year, indicating strength in both regional and long haul travel markets. After accounting for a 4.7% expansion in available seat capacity, the average international passenger load factor eased by 0.3 percentage points to 80.8% for the month.
Meanwhile, air cargo markets recorded steep declines in February, as demand in freight tonne kilometre (FTK) terms saw a double-digit fall of 11.9% compared to the same month last year. Weakness in export activity was driven by slower demand from major advanced and emerging market economies, including China. The fall in demand vis-à-vis the 1.2% contraction in offered freight capacity led to a significant drop in the average international freight load factor, by 6.5 percentage points to 53.3% for the month.
Commenting on the results, Mr. Andrew Herdman, AAPA Director General said, "Combined figures for the first two months of the year revealed a firm 6.3% increase in the number of international passengers carried by the region's airlines to a combined total of 62 million. Passenger demand remained relatively steady, supported by competitive air fares and overall economic growth. Conversely, air cargo markets experienced challenging conditions. Declining confidence levels contributed to further falls in new export orders, adversely affecting demand for air shipments. Taken together, the first two months of the year saw an 8.3% decline in air cargo demand for Asian carriers."
Looking ahead, Mr. Herdman said, "The slowdown in the manufacturing sector with the ongoing softening in trade sentiment point to the likelihood of continued weakness in air cargo markets in the coming months. Nevertheless, ongoing growth in e-commerce shipments should provide some level of support to air cargo demand. Stimulatory fiscal policies implemented by selected economies are expected to encourage domestic spending. This should support reasonable growth in the global economy this year, sustaining continued growth in air travel markets. Overall, airlines remain proactive in responding to changes in demand conditions, and are exploring new avenues to boost revenue growth whilst managing costs in the face of challenging operating conditions."
See latest HD Video Interviews, Podcasts and other news regarding: AAPA, Air Traffic, RPK, FTK.


How a person interacts with others is often and undeniably a key factor in whether their life is succeeding or failing. Through decades of observing and counseling people, I have come to realize that it is not necessarily how bright one may be intellectually that assures success, but how one gets along with others. In a corporate atmosphere, this is often referred to as being a team player.
At times, this may present a dilemma for a spiritual and idealistic person, as what may often be good for a corporation may not be beneficial for the general public or consumer. Thus, one's spiritual conscience—or God's Presence—may rebel.
There is often a fine line between getting along and the inner need to do what you feel God is directing you to do, such as what you feel is right. Such decisions are not confined to those in the boardroom, but sift down to all levels of the workforce.
This is not restricted to one's vocation, either, but may also find its way into social and family relationships. Indeed, wherever a relationship with one or more people exists, one may face challenges to maintain peace and harmony, while attempting to improve the relationship. Idealistically, we try not to go against our conscience—or the quiet whisperings of God within us— while simultaneously continuing to improve a relationship.
Often it is a matter of timing—knowing when or when not to say something. Sometimes it is not necessarily what you say, but how you say it. With a misspoken word, a longstanding relationship—even one of many years—can be jeopardized.
People are often sensitive to either positive or negative energy. Therefore, your interaction with them should be handled with the gentlest of care. On occasion, a person may cross your life's path who will not reject you no matter what is said. As you know, however, this is the exception rather than the rule.
The spiritually aware person has a decided advantage in improving relationships with others through the techniques described here. As always, the main point is to get our personal ego-self out of the way, as the personal ego-self is usually that part of our nature that gets defensive and negative in its interactions with others.
Also requiring consideration is the need to choose wisely which individuals or groups of people with whom you desire to associate. Much grief can be avoided if you do not allow the "wrong" individuals or groups to become a part of your life. Conversely, much happiness can be gained in relationships with others if God is directing you in your choice of whom to let into your life.
Meditation allows you to be aware and sensitive to God and other people. The sensitivity you have to God's mind within your own provides you with intuitive divine direction in choosing the right people with whom to associate, and how to interact positively with your choices.
Every time you enter meditation, you are improving your chances for bettering a relationship. The reason is that you are more divinely guided in what to say, when to say it, and how to say it. In essence, the more you open your mind to God, the more God's mind opens you to the minds of others. The more open the minds of others are to you, the greater the opportunity to improve a relationship.
A daily practice of meditation brings you to a soul level of your own consciousness, which makes you more sensitive to the soul level of others. The soul level of the mind is that level where the soul's purpose for this lifetime is known. By being sensitive to the soul level of others, you are sensitive to the soul's purpose in others. The soul's purpose of every individual fosters certain longings or needs that they come into this life to fulfill. By sensing the longings and needs of a person's soul level of mind, you can better interact with them because you sense what you can say or do that could bring them the greatest happiness and fulfillment.
Difficulty can be defined as negative or disagreeable energy between you and another. Praying for the good of those with whom you are having difficulty sends out positive telepathic energy to them. It does not matter whether they are consciously aware of your praying for them or not, for telepathically your prayers for good are registered in their unconscious mind. By praying, you invoke the presence of God to improve in some way your relationship with them. The presence of God, which is within you, is the same presence of God that is within them. Thus, as you pray to the presence of God within yourself for their good, you are praying to the same presence of God within them.
Prayer is an effective energy and energy stimulant to bring about improvement between two souls inwardly, and therefore two souls outwardly. Keep in mind that when you are having difficulty with anyone, always pray for their good. In actuality, the more you pray for the good of others, the more good you receive in return.
The Bible suggests, "Be wise as a serpent and gentle as a dove." In improving relationships with others, this connotes having the insight to interact positively, and to do so in a kind and easy manner. There are times when firmness and raising of one's voice for emphasis is necessary to make a point. This is all right if it is implemented without the energy of anger or defensiveness. When done for a positive effect, it can improve a relationship, for the recipient intuitively knows it is utilized for their good.
The majority of the time, however, it is far better to use a combination of insight and gentleness in interactions with others. This makes those rare times when you do use firmness more effective, as the other person knows that you truly feel strongly about the idea you are conveying.
When God is speaking through someone, the person intuitively senses and knows that it is not their personal ego that is communicating. The words are too right, the timing and delivery too perfect, the love and understanding too correct. Stepping back in your own mind and letting God's Universal Mind and Spirit take over is the wisest thing you can do to improve a relationship.
Text taken from Dr. Paul Leon Masters' "The Theocentric Way of Life," Volume 3: Module 9.


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San Diego struggling to shut down illegal marijuana delivery services
By David Garrick
San Diego —
Leaders of the local marijuana industry say San Diego needs to accelerate efforts to shut down the city's roughly 100 illegal delivery services, which have replaced illegal marijuana storefronts as the new black market for the drug.
The city's 18 permitted dispensaries can legally deliver marijuana to customers, but there are dozens of other delivery services that operate quietly and illegally out of garages, apartments and single-family homes.
Operators of legal dispensaries consider them unfair competition, noting they haven't paid fees for a city permit, they don't pay taxes and their products aren't subject to state testing for purity and quality.
San Diego police have successfully shut down 11 illegal delivery services during the past year, making 34 arrests and confiscating 230 pounds of marijuana and $60,000 in cash.
Industry leaders applaud those efforts, but say that it would take 10 years at that pace to eliminate all of the illegal delivery services. They are lobbying city officials to consider stepping up their campaign against illegal deliveries.
"It lacks resources – it lacks laws that can be used to more effectively and quickly knock these down," Phil Rath, spokesman for a coalition of the city's 18 legal dispensaries, told the City Council's public safety committee this week. "It seems clear there is an opportunity for improvement."
Lt. Mark Novak, who heads the Police Department's narcotics unit, told committee members he is optimistic the city's campaign will soon gain significant momentum.
Novak said that city efforts to shut down illegal storefronts had mixed results until a crackdown in 2016 turned the tide. He said the city didn't need to shut them all down because greater attention scared many into closing voluntarily.
"We were closing many down, but at the same time they realized if they were going to operate in the city of San Diego they were going to be closed down, and they closed down themselves," he said. "It was kind of like a domino effect."
Novak, however, said delivery services appear to be much harder to shut down than storefronts because they aren't stationary.
"Simply put, delivery services take more time to track and locate because they are mobile, they use multiple vehicles and multiple storage locations," he said.
Novak said each investigation into an illegal delivery service begins with police getting a complaint, police observing a delivery or storage location or police finding an illegal service on weedmaps.com or in a local newspaper.
Police then must verify the business is an illegal delivery service and identify who owns and operates it. When that process is complete, arrests can be made and search warrants can be issued.
Rath, the industry spokesman, said he empathizes with the police.
"I think these folks do a commendable job every day with a very hard challenge," he said.
But Rath noted that San Diego's annual budget approved this summer doesn't devote any revenue from the city's new 5 percent tax on cannabis sales to stepped-up enforcement.
Novak told committee members he doesn't think lack of resources is the problem, expressing confidence that all he needs is more time.
Novak said one of six investigation teams in the department's Vice Division is devoted entirely to marijuana enforcement.
Some opponents of marijuana legalization say they doubt the city will ever be able to shut down all of the illegal delivery services. They note that many of those operations are run by people who previously operated illegal marijuana dispensaries, so they don't need to advertise on the web or anywhere else because they have thousands of existing clients who previously were regulars at their storefronts.
Some local residents lobbied the committee to consider allowing more businesses to deliverymarijuana in San Diego than just the 18 permitted dispensaries. There aren't enough local delivery services to meet demand, they said, noting that some of the 18 permitted dispensaries have not yet opened and that not all of the dispensaries that have opened offer deliveries.
Rath said some permitted dispensaries are exploring partnerships with delivery services to help meet local demand. He also said his organization, the United Medical Marijuana Coalition, is open to changes in local marijuana laws regarding deliveries.
david.garrick@sduniontribune.com (619) 269-8906 Twitter:@UTDavidGarrick
David Garrick
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The strong showing from the freshman congressman signals an uphill battle for the GOP to retake the San Diego-Orange County seat.
Federal regulator considering fewer inspections for aging nuclear power plants
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Joe Biden has delivered more for Hollywood for years longer than any of his rivals. Now industry donors are delivering for him.
House rejects effort to force vote on impeaching President Trump
The House rejects a vote on articles of impeachment a day after condemning Trump's tweets as racist.
Rep. Hunter ordered to stop using Marine Corps emblem in campaign materials
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Retired Supreme Court Justice John Paul Stevens dead at 99
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Rep. Duncan Hunter's new mailer is called Islamophobic, an attack on opponent
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Brand new ladies 14k white gold pave set diamond wedding band. Perfect to add as an anniversary ring, a beautiful right hand ring, or even a Sweet 16 gift. Band consists of 23 stones totaling .17 ctw. Appraisal value - $1,300.00 USD. Comes with James Allen Lifetime Warranty.
This ring was ordered online from James Allen in December of 2018 for our June 2019 wedding. It was ordered as a matching band to my engagement ring, but it does not match as we had hoped and we cannot return it.


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County warns of deadly dog disease
PUBLISHED: February 12, 2008 at 12:00 am | UPDATED: April 21, 2018 at 4:09 am
Butte County's Health Department has issued an alert over a deadly dog disease.
Monday, the department reported an upsurge in canine distemper virus cases in Butte and surrounding counties.
"The virus affects the immune, central nervous, respiratory, and gastrointestinal systems of animals and is spread by secretions," said the press release.
The animals can contract the virus by dog-to-dog contact or the virus can be present in waste or saliva left behind by an infected animal.
There is no cure once the animal is infected.
The only way to assure the dog doesn't get infected is by having the animal vaccinated.
In puppies, the vaccine is administered when the animals are six to eight weeks old and are given in three shots, spaced three weeks apart. Adult dogs need an annual booster.
In November, 84 dogs at the animal shelter in Oroville had to be euthanized after exposure to the distemper.
For more information about canine distemper call 538-4709.
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2. Turn the ignition to ON/RUN with the engine off.
3. Press the MENU button to display the menu items in the Driver Information Center (DIC).
4. Use the thumbwheel to scroll to the Tire Learn menu item screen.
5. Press and hold the SET/CLR button to begin the sensor matching process.
6. The horn sounds twice to signal the receiver is in relearn mode and the TIRE LEARN message displays on the DIC screen.
7. Start with the driver side front tire.
8. Place the relearn tool against the tire sidewall, near the valve stem. Then press the button to activate the TPMS sensor. A horn chirp confirms that the sensor identification code has been matched to this tire and wheel position.
9. Proceed to the passenger side front tire, and repeat the procedure in Step 8.
10. Proceed to the passenger side rear tire, and repeat the procedure in Step 8.
11. Proceed to the driver side rear tire, and repeat the procedure in Step 8. The horn sounds two times to indicate the sensor identification code has been matched to the driver side rear tire, and the TPMS sensor matching process is no longer active. The TIRE LEARN message on the DIC display screen goes off.
12. Turn the ignition to LOCK/OFF.
13. Set all four tires to the recommended air pressure level as indicated on the Tire and Loading Information label.


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Related Describe: Buy cheap discount commercial Princess Bounce House which is for sale. Supply customize manufacture this products. And purchase from Chinese with factory wholesale price.
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I use an E500 and E510 with FL36(non wireless version). I want to fire off camera flash but find the extension cord too limiting. I do not want to use the pop up flash to trigger a photocell trigger. Can anyone recommend some sort of hot shoe transmitter/receiver setup to allow me to do this?
I thought these systems were for studio flash setups. I only want to fire my lowly FL36.
Studio flash, FL36 flash... same thing really, they can get fired in the same manner.
This is a good piece of kit, especially for £11.99. You've been given good advice.