text:
The Harder They Fall review: Netflix's slick Black Western is defiant, not deep
"While the events of this story are fictional… These. People. Existed."
Jeymes Samuel's Black-centric star-studded Western The Harder They Fall opens on that bold, artistically versatile note. Every significant character in Samuel's puffed up style-over-story directorial launching obtains their name from a historical African-American cowboy or hooligan. By putting them in a bloody, slick spaghetti Western, Samuel can take the liberty to remake their legends in his image, for a varied modern impressive.
It's simple to entirely applaud The Harder They Fall on the premises of representation, however the real benefits of that standard aren't apparent, offered the historic competitors. Black Westerns started with Richard C. Kahn's 1930s movies, then removed throughout the 1970s along with Blaxploitation, with movies like Dollar and the Preacher and Thomasine & Bushrod. In the 1990s, they discovered brand-new opportunities, like Rosewood. The Harder They Fall takes its preliminary hint from Mario Van Peebles' Posse, a 1993 precursor Black ensemble Western starring Blair Underwood, Tiny Lester, and Pam Grier. Like Posse, The Harder They Fall fixates an outlaw child looking for vengeance for his killed preacher daddy.
Samuel's variation of the story focuses on Nat Love (Jonathan Majors), an outlaw leader with a popular cross sculpted in his forehead by the guy who killed his daddy. Love is out for a solo vengeance, however he can't totally shake his faithful gang, consisting of relaxing Expense Pickett (Edi Gathegi), brazen Stagecoach Mary (Zazie Beetz), quick-draw specialist Jim Beckworth (RJ Cyler), and unflinching Cuffee (Danielle Deadwyler), along with well known lawman Bass Reeves (Delroy Lindo). The killer, the well-known Rufus Dollar (Idris Elba), has his own solidified team to match: callous Trudy Smith (Regina King) and sly Cherokee Expense (LaKeith Stanfield) back his efforts to manage a town, apparently to safeguard the Black citizens he keeps under his thumb.
Image: David Lee/Netflix
Apart from the star-studded ensemble, with a few of the stars absolutely miscast, this movie is just groundbreaking in the sense that it was created for streaming. Its aesthetic appeals are more obtrusively loud than elegant or ostentatious. Its story is too minor to support the overlong runtime. The natural Western landscape, rendered synthetically, does not have vastness. Samuel's The Harder They Fall doesn't increase to the impressive scale of its spaghetti and Blaxploitation affects: The category has actually never ever felt so little and streaming-friendly as it performs in this tawdry misadventure.
While variations of these epic figures did exist, it's uncertain what story Samuel wishes to outline them. Few of these figures are well-written. Nobody's most likely to leave this romp understanding more about the historic Dollar, Love, or Mary. This is a fantastical reimagining, however it's uncertain what legend Samuel is attempting to develop. Does the simple sight of Black folks on the screen function as his thesis? Is the movie simply home entertainment, or does it have a message? Samuel end up captured in between that surface area, and any much deeper concepts he might want.
He midway attempts to imbue The Harder They Fall with love: Nat Love and Stagecoach Mary are a tempestuous product. He brings his dead mom's wedding event ring around, trying to find an opportunity to proposing to Mary. However none of the sensuality in between these characters is from another location credible. Every note Beetz hits as the brooding Mary rings false, from her laughably cartoonish Southern drawl to her exaggerated strut. Majors plays Love as though he's in a character study, relying on minute choices to build a personality. But in a movie bursting with big performances, his nuanced approach puts him in an altogether different film than his counterparts.
In fact, the only actor in this movie perfectly suited for a Western is Lindo, to the point where it's a surprise that he's never been in one before. He has the gravitas and frame of Gary Cooper. Part of that is by design: His character, Bass Reeves, represents the old school of Western lawmen. It makes sense for him to recall the genre's classics while the younger actors bring a fresh, modern spin and Black cool to their archetypes. Samuel isn't the first person to inject the genre with Black swagger: Will Smith did so with steampunk flair in Wild Wild West. But while these characters have individual verve, they don't complement each other. Even with good rapport in between King and Elba, or between Cyler and Deon Cole as Buck's former ally Wiley Escoe, the writing provides few reasons why these disparate characters united under a single banner before the events of the film.
Photo: David Lee/Netflix
For instance, Buck's bandits have assembled to create a "Promised Land" in the all-Black town of Redwood City. Its name closely resembles the real-life, predominantly Black Florida settlement at the center of John Singleton's historical Black Western Rosewood, where white rioters massacred the affluent Black population. Samuel's town is painted with opulent hues: vibrant pinks, lush reds, and verdant greens. Everything is Black-owned, from the homes and businesses to the government.
However apart from those aesthetics, Samuel doesn't illuminate why this town is a promised land, apart from the presumed lack of white residents. It's implied that Rufus has a vision for this settlement, and that he wants to stave off white interlopers and racial bloodshed. But he never fully offers his thesis, past demanding the residents pay a heavy tax for his protection. His Edenic dream appears to be an artifice, but it's unclear whether he or his followers actually believe in it as anything more than a shakedown.
The aesthetics of The Harder They Fall look fake rather than stylish, and off-puttingly slick rather than fantastical. Redwood City is too clean, with nary a speck of dust or mud to add character. Costume designer Antoinette Messam uses a puzzling effect to age some of the clothing, such as hats and some jackets, and Buck's striped prison garb. But her work looks fresh off a clothing rack rather than weathered or worn. The rendered night sky surrounding Redwood makes the landscape feel claustrophobic and fake, entrapping the town in a VFX snowglobe which shrinks its scale.
There's copious blood from the dynamically shot slick gunfights. Samuel's penchant for using freeze-frames to punctuate violent scenes recalls the similarly nervy work of Quentin Tarantino. Samuel mostly composed or remixed the music himself — he's an established British musician under the stage name The Bullitts, and he soundtracks the action with perfect homages to Sergio Leone, mixed with modern hip-hop and reggae beats. (He also brings in his brother, musical artist Seal, to collaborate on and perform one number.) But these striking components of the film add few hints of tension or suspense to the narrative. Elba is particularly underused as the film's primary villain: In the biggest gun fight between Redwood's warring gangs, he watches from his office window.
The stakes required to conjure dramatic momentum often fight each other to gain recognition in the story. Love's vengeance quest, Buck's vague dream of a Black utopia, Reeves' determination to arrest Buck, and half a dozen minor personal subplots all emerge and submerge throughout the film, but no particular arc is ever offered so much room to breathe that viewers have time to get invested in the outcome. By the time Samuel reveals the information that's meant to help define these characters and their conflicts, the overloaded visuals and story have beaten any sense of meaningful human connection into oblivion.
The prospects of a Black Western with this much star power invited hopes of a paradigm shift that would allow more of these movies to be made, and fight the enduring, dangerous Western-based myth that America's history was primarily white. These huge productions promising change through representation often do invite us to focus on their importance, to the point where we backseat the actual quality of the movie. But Samuel isn't interested in telling real people's stories, choosing between glut and substance, or providing a worthwhile political or emotional conceit. And all those things are important for a movie that's out to make a difference.
Instead, he's remade the Western not wholly in the image of Black folks, but in the image of a Netflix motion picture — a low-impact, high-prestige, easily digestible streaming project. Never has the Western category looked so small and devoid of meaning. The Harder They Fall is a deliberate step forward for onscreen representation of historical Black figures. However it isn't as great as it requires to be to make those names unforgettable to a nation that's forgotten them.
The Harder They Fall debuts in theaters on Oct. 22, and on Netflix Nov. 3.
Jobber Wiki author Frank Long contributed to this report.
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Sidney Poitier's death certificate indicates he died of heart failure, suffered…
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At the 2016 Institute of Food Technologists Annual Meeting and Food Expo, I made three commitments. Those three commitments made this the best IFT expo I've ever attended. I'll share these three commitments and an IFT recap, plus some bonus footage for the ultimate GreenEyedGuide fans.


text:
Chana Safrai, Hebreeuws: חנה ספראי, (Jeruzalem, 1946 - aldaar, 10 februari 2008) was een Israëlische orthodox-joodse judaïste.

Ze gold als een deskundige op het gebied van het rabbijnse jodendom en van het tijdperk van de Tweede Tempel, in het bijzonder van de positie van de vrouw daarbinnen. Ook was ze een deskundige op het terrein van de verhouding tussen de heilige geschriften van het jodendom en het christendom. Ze heeft tal van publicaties op haar naam staan, onder meer als co-auteur over de midrasj van de helleens-Joodse filosoof Philo van Alexandrië.

Levensloop

Achtergrond
Safrai werd opgevoed in een orthodox-joods gezin. Haar moeder Chaya Safrai was afkomstig uit Duitsland en had aan de Holocaust weten te ontkomen. Haar vader Shmuel Safrai was rabbijn en als godsdiensthistoricus werkzaam aan de Hebreeuwse Universiteit van Jeruzalem. Hij huldigde de opvatting dat vrouwen en mannen gelijkwaardig zijn, waardoor ook de jonge Chana onderricht kreeg in de Thora en de Talmoed, hetgeen destijds niet gebruikelijk was in orthodox-joodse kringen.

Opleiding
Aan de Hebreeuwse Universiteit van Jeruzalem en aan de Harvard-universiteit studeerde Safrai joodse en oud-Griekse geschiedenis, Talmoed en godsdienstgeschiedenis van de Hellenistische Oudheid.

In 1991 promoveerde ze bij hoogleraar Yehuda Aschkenasy aan de Katholieke Theologische Universiteit in Amsterdam op het proefschrift Women in the Temple. The Status and Role of Women in the Second Temple of Jerusalem.

Werkzaamheden
Safrai was verbonden aan de faculteit Joods gedachtegoed van de Hebreeuwse Universiteit van Jeruzalem, aan het Universiteitscollege van Jeruzalem en aan het Shalom Hartman-instituut. Ook was ze lid van de Jeruzalem School voor Synoptisch Onderzoek en van het Onderzoekscentrum voor Joods-Christelijke Verhoudingen. Verder was ze voorzitter van het opleidingscomité van de Internationale Raad van Joodse Vrouwen en (vanaf 1992) lid van de joods-christelijke arbeidsgemeenschap van de kerkendag van de Evangelisch-Lutherse Kerk in Duitsland.

In 1981 richtte ze in Jeruzalem het Judith Lieberman Instituut van Joodse Studies op en was daar een tijd directeur van.

Daarnaast vervulde ze gastdocentschappen Talmoed en Joods gedachtegoed aan de Johann Wolfgang Goethe-Universiteit in Frankfurt am Main en aan de Kerkelijke Hogeschool Wuppertal in Wuppertal.

Van 1991 tot 1998 was ze als wetenschappelijk medewerkster werkzaam aan de Katholieke Theologische Universiteit in Nederland. Ze hield er zich bezig met de relatie tussen jodendom en het Nieuwe Testament, gaf leiding aan allerlei theologische leerhuizen en was actief op het gebied van de feministische theologie. Zij huldigde de opvatting dat vrouwvriendelijkheid reeds deel van het jodendom uit de Oudheid zou hebben uitgemaakt.

Als orthodox-joods gelovige heeft Safrai in Israël binnen het orthodoxe jodendom geprobeerd de emancipatie van vrouwen te bevorderen. Als zodanig was ze lid van Kolech, een groep orthodox-joodse feministen die zich onder andere inzet voor de bestrijding van seksueel misbruik binnen de joodse orthodoxie.

Overlijden
De laatste vijf maanden van haar leven lag ze vanwege kanker in het Hadassah Ziekenhuis in Ein Kerem. Chana Safrai overleed op 61-jarige leeftijd.

Externe link
 Overzicht werken, WorldCat

Israëlisch feminist
Judaïst
Israëlisch activist
Israëlisch bestuurder
Israëlisch wetenschapper

redpajama_set_name: RedPajamaWikipedia


What better way to celebrate Easter than checking out the 1971 Rankin-Bass animated musical TV movie, Here Comes Peter Cottontail, which features the voices of Danny Kaye, Casey Kasem, Paul Frees and Vincent Price.
When the Chief Easter Bunny retires and Peter Cottontail (Casey Kasem) is chosen as his successor, his jealous rival January Q Irontail (Vincent Price) plots to make Peter lose his job.
My 3yo daughter loved this! Thanks!


This prog also featured Dash Decent, The Mean Arena, Meltdown Man, Return To Armageddon and Strontium Dog and a Judge Dredd cover by Ron Smith.
The Best Of Judge Dredd, The Best Of 2000AD 11, Judge Dredd Classics 68, The Complete Judge Dredd 17, Judge Dredd Chronicles Book 3, Judge Dredd 25, Judge Dredd Paperbacks vs Otto Sump, Judge Dredd The Complete Case Files 04.
Mega-City One goes crazy for ugly.
First appearance of Uglies, although not yet named as such.
Otto Sump's Ugly Clinics have opened all over Mega-City One providing ugly treatments. There is on Paradise and 4th and another on 2088th Street.
Shops are stocking Otto Sump products including: Bulging eyes, Scum roll-on-odorant the 18-hour pong, scab powder, blemish cream, Pimplex for pimples zits and acne, Sump paste for stale breath and tooth decay, Mixed Boils for painful and unsightly sores, Dandruff Shampoo medicated against medication, Wart-On wart inducer, Lip Chapper and Flabbon for use as of your uncontrolled diet.
Puglies are gangs of youths using ugly products and causing trouble.
He investigates a pair of bomb attacks of Otto Sump's Ugly Clinics.
He earned over sixty million credits from his appearance on Sob Story. He invested the money in a chain of beauty clinics, but got a reputation for poor work and began getting requests from clients to make them uglier instead. Ugliness became fashionable and Sump turned his beauty clinics into ugly clinics. Sump sold a range of products designed to make you uglier, spent millions on advertising and bought Sump Tower. Two of his ugly clinics are targeted by a masked bomber.
Mega-City One's acknowledged fashion queen. She received a beauty treatment from Otto Sump that left her with burns and broken teeth. Ugliness became fashionable.
At least three. We see three corpses at the sight of the first bomb.
Dredd (surrounded by corpses): "Somebody's discovered a new treatment, get ambulances down to the Sump clinic on Paradise and 4th!"
Otto Sump previously appeared in 'Sob Story', Part 2.
Another craze hits Mega-City One, but this one provides the opportunity for great visuals and Ron Smith's art shows some excellent before and afters, while the concept that ugliness could become fashionable if the right people take it up is brilliant. Dredd appears in the first panel to remind us it's his strip and is then absent until the end of this part. Mega-City One is arguably becoming a bigger presence than Dredd.
Ro-Busters: Ro-Jaws' Memoirs, Part Three - Out!


text:
The Dutch Working Party on Antibiotic Policy (Dutch acronym is SWAB) was founded in 1996 as an initiative of the Society of Infectious Diseases and the professional societies of medical microbiologists and hospital pharmacists. Its major goal is to contribute to the containment of the development of antimicrobial resistance and of the expanding costs of the use of antibiotics. This is achieved by optimizing the use of antibiotics.
- Prof. dr. M.G.J. de Boer, infectious disease specialist (NIV), President
- dr. P.D. van der Linden, hospital pharmacist (NVZA), Treasurer
- Prof. dr. B.N.M. Sinha, medical microbiologist (NVMM), Honorary Secretary
Participants council
- dr. C.H.S.B. van den Berg, intensivist/infectious disease specialist (NVIC)
- dr. E.M. Broens, veterinarian (KNMvD)
- dr. G.J.A. Driessen, pediatrician-infectious disease specialist/immunologist (NVK)
- dr. M.B. Ekkelenkamp, medical microbiologist (NVMM)
- dr. E.M.W. van de Garde, hospital pharmacist (NVZA)
- Prof. dr. C.M.P.M. Hertogh, Geriatrician Doctor (Verenso)
- Prof. dr. B.C.P. Koch, hospital pharmacist (NVZA)
- dr. E. Kolwijck, , medical microbiologist (NVMM)
- dr. S. Natsch, hospital pharmacist (NVZA)
- dr. J. ten Oever, infectious disease specialist (NIV)
- dr. J.J. Oosterheert, infectious disease specialist (NIV)
- dr. K.C.E. Sigaloff, infectious disease specialist (NIV)
- Prof. dr. D. Touw, hospital pharmacist (NVZA)
- Prof. dr. A. Verbon, infectious disease specialist (NIV)
- dr. C.M. Verduin, medical microbiologist (NVMM)
- Prof. dr. Th.J.M. Verheij, general practitioner (NHG)
- dr. N.J. Verkaik, medical microbiologist (NVMM)
- dr. T.F.W. Wolfs, pediatrician-infectious disease specialist/immunologist (NVK)
- Ms. S. Najaf
- Ms. C. van der Linden
Working group Antimicrobial Stewardship
- dr. J. ten Oever, President
- Ms. S. Balder
- Ms. I. Groothuis
- dr. R.M. van Hest
- Prof. dr. M.E.J.L. Hulscher
- dr. P.D. van der Linden
- Prof. dr. J.M. Prins
- dr. J. Schouten
- dr. K.C.E. Sigaloff
- Prof. dr. B. Sinha
- Prof. dr. A. Verbon
- dr. C.M. Verduin
- Prof. dr. H.F.L. Wertheim
- dr. T.F.W. Wolfs
Guidelines Commission
- Prof. dr. J.M. Prins, President
- dr. C.H.S.B. van den Berg
- dr. A. van der Bij
- Prof. dr. B.C.P. Koch
- dr. J.J. Oosterheert
Editorial Board of SWAB-ID
- dr. H.I. Bax,
- drs. E. de Jong
- drs. M.M.C. Lambregts
- dr. M.A. Leverstein-van Hall
- dr. D.C. Melles
- dr. S. Natsch
- drs. F.W. Sebens
- dr. T.F. Wolfs
Working group Surveillance Antibiotic Use
- dr. S. Natsch, President
- drs. B.J.C. Hendriks
- drs. P.A.G. de Klaver
- dr. T.B.Y. Liem
- drs. M. Lourens
- drs. M.M.B. Roukens
- dr. A.W. van der Velden
- drs. M. Sijbom
Working Group Surveillance of Antibiotic Resistance / Sensitivity Determination Guidelines (CRG)
- dr. C.M. Verduin, President
- dr. L. van Balen
- drs. M.A. Berends
- dr. M.B. Ekkelenkamp
- dr. ir. S.C. de Greeff
- dr. E. Kolwijck
- dr. N.J. Verkaik
- dr. A.F. Schoffelen,
- Prof. dr. C. Schultsz
Editoril Board of NethMap
- dr. A.F. Schoffelen
SWAB working groups

redpajama_set_name: RedPajamaCommonCrawl


text:
REDUCING GLOBAL PERIOPERATIVE RISK
This resource center is jointly hosted by The American Journal of Medicine,
The American Journal of Cardiology, and the Canadian Journal of Cardiology.
CCS Perioperative Guidelines
Risk Prediction
For Your Patients
Faculty Disclosures
The American Journal of Cardiology
The American Journal of Medicine
This resource center is jointly hosted by the The American Journal of Medicine and the The American Journal of Cardiology.
Management Webcast
Educational Lecture Series
P.J. Devereaux, MD, PhD, details the findings of the MANAGE trial. This international, randomized, controlled trial studied the utility of dabigatran in reducing the incidence of major cardiovascular complications in patients who sustained a myocardial infarction after noncardiac surgery.
Funding for this site was received from the PHRI via support from the Canadian Institutes of Health Research's Strategy for Patient Oriented Research, through the Ontario SPOR Support Unit, as well as the Ontario Ministry of Health and Long-Term Care.
Copyright © 2017 Elsevier, Inc. All rights reserved. | Privacy Policy | Terms & Conditions
Funding for this site was received from the PHRI via support from the Canadian Institutes of Health Research's Strategy for
Patient Oriented Research, through the Ontario SPOR Support Unit, as well as the Ontario Ministry of Health and Long-Term Care.


text:
using System;
using System.Collections.Generic;
using System.Linq;
using System.Text;
using System.Threading;

namespace Wox.Plugin.QueryHistory
{
    public class QueryHistory : IPlugin
    {
        private PluginInitContext context;

        public List<Result> Query(Query query)
        {
            var histories = QueryHistoryStorage.Instance.GetHistory();
            string filter = query.Search;
            if (!string.IsNullOrEmpty(filter))
            {
                histories = histories.Where(o => o.Query.Contains(filter)).ToList();
            }
            return histories.Select(history => new Result()
            {
                Title = history.Query,
                SubTitle = history.GetTimeAgo(),
                IcoPath = "Images\\history.png",
                Action = _ =>
                {
                    context.API.ChangeQuery(history.Query);
                    return false;
                }
            }).ToList();
        }

        public void Init(PluginInitContext context)
        {
            this.context = context;
        }

        void API_BeforeWoxQueryEvent(WoxQueryEventArgs e)
        {
            Thread.Sleep(5000);
        }

        private void API_AfterWoxQueryEvent(WoxQueryEventArgs e)
        {
            QueryHistoryStorage.Instance.Add(e.Query.RawQuery);
        }
    }
}

redpajama_set_name: RedPajamaGithub


Great Basin National Park, located in east-central Nevada near the Utah border, takes its name from the dry and mountainous region between the Sierra Nevada and the Wasatch Mountains. The park is known for its groves of ancient bristlecone pines, and for the Lehman Caves at the base of Wheeler Peak. It was originally created by a presidential proclamation from President Warren G. Harding in 1922 as Lehman Caves National Monument, and was incorporated into the national park in 1986.
The Great Basin National Park Quarter depicts a single Bristlecone Pine tree in the rocky moraines where the trees grow. Also included in the design are the incused phrases "Great Basin", "Nevada", and "E Pluribus Unum", as well as the date of issue. The coin will represent the third issue of the United States Mint's America the Beautiful Quarters Program for 2013. A circulation release date of June 10, 2013 has been indicated by Federal Reserve Bank Services.
An official launch ceremony for the coin will be held on Thursday, June 20, 2013 at 10:00 AM PT. The location of the ceremony will be the Great Basin National Park Visitor Center, 100 Great Basin National Park, Baker, Nevada 89311. On the evening before a coin forum will be held from 7:00 to 8:00 PM PT at the same location.
The design will also be released as part of the America the Beautiful Five Ounce Silver Coins.
Looking forward to this design in the 3″ size. It's the best of the 2013 ATB designs and perfectly fits the rounded opening. Last year's Acadia was similarly balanced and well situated within the frame. Really great design concepts are being churned put by the Mint.


text:
[Just out on DVD] Korean Movie "Rosebud"
2020/01/13 | Permalink
Korean movie "Rosebud" is available to order on DVD with English subtitles from YESASIA.
"Rosebud" (2016)
DVD (2-Disc Normal Edition) with English subtitles
Directed by Jo Seok-hyeon-I
With Yoo Ho-jung, Chae Soo-bin, Ha Yeon-soo, Choi Wooshik, Lee Won-geun, Park Sung-woong,...
Based on upcoming Korean history from 1979 to 2015 about a woman named Hong Jang-mi who wants to be a singer. The movie revolves around Jang-mi and her daughter.
Release date in Korea : 2019/01/16
Order from YESASIA
(그대 이름은 장미 - 2016)
[HanCinema's News] Fewer Dramas Yield Stronger Ratings
The scaling back of drama production late last year has led to a surprising outcome. Though major ,...More
[HanCinema's News] Jang Dong-gun, Ko So-young and Children Confirmed on Vacation in Hawaii
On January 13th sources close to actors Jang Dong-gun and Ko So-young confirmed that the celebrity,...More
[HanCinema's News] Joo Jin-mo Phone Hacking May Be Related to Song Hye-kyo and Song Joong-ki's Divorce
The Chinese periodical SOHU has postulated that Joo Jin-mo's phone hacking may be related ,...More


text: [62]: https://github.com/NicoleRobin/algorithm/blob/master/Algorithm/go/62/62.go


Governor Andrew M. Cuomo announced that the City of Geneva is the 100th community in New York to be designated a Clean Energy Community, recognizing its leadership in reducing energy use, cutting costs and driving clean energy in its communities.
This announcement complements Finger Lakes Forward, the regional economic blueprint aimed at attracting a talented workforce, growing business and driving innovation.
Announced by Governor Cuomo in August 2016, the $16 million Clean Energy Communities initiative supports local government leaders across the state to implement energy efficiency, renewable energy and sustainable development projects in their communities. Clean Energy Communities advances the Governor's Reforming the Energy strategy by demonstrating the importance of local governments and communities in helping New York reach its Clean Energy Standard mandate requiring 50 percent of the state's electricity to come from renewable energy resources by 2030.
The 100 Clean Energy Communities represent more than 23 percent of the state's population and cover nine of 10 Regional Economic Development Council Regions. View a map showing all 100 Clean Energy Communities, actions completed and communities engaged in the Clean Energy Communities initiative.
The City of Geneva received the designation for completing four of 10 high-impact clean energy actions identified by the New York State Energy Research and Development Authority as part of the Clean Energy Communities initiative. In addition, the designation gives the City of Geneva an opportunity to apply for up to $50,000 toward additional clean energy projects, with no local cost share.
Clean Energy Community Coordinators are also available at no charge to support cash- or resource-strapped communities to develop and prioritize clean energy goals; access easy-to-use resources such as guidance documents and case studies; and take advantage of available funding and technical assistance opportunities.
For more information on Clean Energy Communities, visit www.nyserda.ny.gov/cec. Local government officials or employees can find contact information for their respective coordinator here for assistance in completing the actions.


text:
Cybertelecom
Federal Internet Law & Policy
An Educational Project
Fourth Amendment :: Expectation of Privacy
Derived From: 1985 ECPA Report Chapter 2
The critical triggering phrase of the fourth amendment is "searches and seizures. " If there is no search or seizure, then official behavior is not covered by the fourth amendment, and it need not be reasonable, based on probable cause, or carried out pursuant to a warrant. Although there may be statutory protections that require certain conduct, an individual does not have fourth amendment protections unless there is a search and seizure. The secondary triggering phrase of the fourth amendment is "unreasonable." Even if official conduct is regarded as a search or seizure, there is no invasion of fourth amendment protections if the conduct is reasonable. Determination of reasonableness depends on the judicial balancing of the individual interest, generally regarded as a privacy interest, against the governmental interest, including law and order, national security, internal security, and the proper administration of the laws. Reasonableness generally entails a predicate of probable cause and, with many exceptions, the issuance of a warrant.
The meaning and scope of the fourth amendment have involved judicial construction of these key phrases. Definition of "searches" has come to be a crazy patchwork quilt, depending partly on whether the search involves a person's body or home, partly on how public the activity is, partly on the degree of invasion or intrusiveness involved in conducting the search, partly on the facts of the case under consideration, and partly on who is on the Court.
Derived From: Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations Computer Crime and Intellectual Property Section, Criminal Division, DOJ (2009) (NB: This is a rendition of the state of the law from law enforcement and reflects their views)
According to the Supreme Court, a "'seizure' of property occurs when there is some meaningful interference with an individual's possessory interests in that property," United States v. Jacobsen, 466 U.S. 109, 113 (1984), and the Court has also characterized the interception of intangible communications as a seizure. See Berger v. New York, 388 U.S. 41, 59-60 (1967). Furthermore, the Court has held that a "'search' occurs when an expectation of privacy that society is prepared to consider reasonable is infringed." Jacobsen, 466 U.S. at 113. If the government's conduct does not violate a person's "reasonable expectation of privacy," then formally it does not constitute a Fourth Amendment "search" and no warrant is required. See Illinois v. Andreas, 463 U.S. 765, 771 (1983). In addition, a warrantless search that violates a person's reasonable expectation of privacy will nonetheless be constitutional if it falls within an established exception to the warrant requirement. See Illinois v. Rodriguez, 497 U.S. 177, 185-86 (1990). Accordingly, investigators must consider two issues when asking whether a government search of a computer requires a warrant. First, does the search violate a reasonable expectation of privacy? And if so, is the search nonetheless permissible because it falls within an exception to the warrant requirement?
Reasonable Expectation of Privacy
A search is constitutional if it does not violate a person's "reasonable" or "legitimate" expectation of privacy. Katz v. United States, 389 U.S. 347, 361 (1967) (Harlan, J., concurring) [See Katz providing more detail on case] . This inquiry embraces two discrete questions:
First, whether the individual's conduct reflects "an actual (subjective) expectation of privacy," and
Second, whether the individual's subjective expectation of privacy is "one that society is prepared to recognize as 'reasonable.'"
Smith v. Maryland, 442 US 735, 750 (1979); Rakas v. Illinois, 439 U. S., at 143-144, n. 12 ; id., at 151 (concurring opinion); United States v. White, 401 U. S., at 752 (plurality opinion) ."
Subjective Prong
In most cases, the difficulty of contesting a defendant's subjective expectation of privacy focuses the analysis on the objective aspect of the Katz test, i.e., whether the individual's expectation of privacy was reasonable. No bright line rule indicates whether an expectation of privacy is constitutionally reasonable. See O'Connor v. Ortega, 480 U.S. 709, 715 (1987). For example, the Supreme Court has held that a person has a reasonable expectation of privacy in property located inside a person's home, see Payton v. New York, 445 U.S. 573, 589-90 (1980); in "the relative heat of various rooms in the home" revealed through the use of a thermal imager, see Kyllo v. United States, 533 U.S. 27, 34-35 (2001); in conversations taking place in an enclosed phone booth, see Katz, 389 U.S. at 352; and in the contents of opaque containers, see United States v. Ross, 456 U.S. 798, 822-23 (1982). In contrast, a person does not have a reasonable expectation of privacy in activities conducted in open fields, see Oliver v. United States, 466 U.S. 170, 177 (1984); in garbage deposited at the outskirts of real property, see California v. Greenwood, 486 U.S. 35, 40-41 (1988); or in a stranger's house that the person has entered without the owner's consent in order to commit a theft, see Rakas v. Illinois, 439 U.S. 128, 143 n.12 (1978).
Objective Prong
United States v. Hayes, 551 F.3d 138, 143 (2d Cir. 2008) ( a "Fourth Amendment `search[]' . . . does not occur unless the search invades an object or area [in which] one has a subjective expectation of privacy that society is prepared to accept as objectively reasonable.")
Movant: The person invoking Fourth Amendment protection must demonstrate (has the burden) that it personally has an expectation of privacy.
Smith v. Maryland, 442 US 735, 750 (1979)
Rakas v. Illinois, 439 U. S. 128, 143, and n. 12 (1978); id., at 150, 151 (concurring opinion); id., at 164 (dissenting opinion)
United States v. Chadwick, 433 U. S. 1, 7 (1977)
United States v. Miller, 425 U. S. 435, 442 (1976)
United States v. Dionisio, 410 U. S. 1, 14 (1973) ;
Couch v. United States, 409 U. S. 322, 335-336 (1973) ;
United States v. White, 401 U. S. 745, 752 (1971) (plurality opinion) ;
Mancusi v. DeForte, 392 U. S. 364, 368 (1968) ;
Terry v. Ohio, 392 U. S. 1, 9 (1968) .
United States v. Haqq, 278 F.3d 44, 47 (2d Cir. 2002) (The "cornerstone of the modern law of searches is the principle that, to mount a successful Fourth Amendment challenge, a defendant must demonstrate that he personally has an expectation of privacy in the place searched.")
Third Party Doctrine
Individuals who retain a reasonable expectation of privacy in stored electronic information under their control may lose Fourth Amendment protections when they relinquish that control to third parties.
"the Fourth Amendment does not prohibit the obtaining of information revealed to a third party and conveyed by him to Government authorities, even if the information is revealed on the assumption that it will be used only for a limited purpose and the confidence placed in the third party will not be betrayed." - United States v. Miller, 425 U.S. 435, 443 (1976)
"when an individual reveals private information to another, he assumes the risk that his confidant will reveal that information to the authorities, and if that occurs, the Fourth Amendment does not prohibit governmental use of that information. . . Once frustration of the original expectation of privacy occurs, the Fourth Amendment does not prohibit governmental use of the now non-private information." - King v. U.S. , 55 F.3rd 1193 (6 th Cir. 1995)
See also Smith v Maryland, 442 US 735, 744 (1979); United States v. White, 401 U. S., at 752 (plurality opinion) ; Hoffa v. United States, 385 U. S. 293, 302 (1966) ; Lopez v. United States, 373 U.S. 427 (1963); On Lee v. United States, 343 U.S. 747 (1952); Daniel J. Solove, A Taxonomy of Privacy, 154 U. Pa. L. Rev. 477 (2006).
For example, an individual may offer a container of electronic information to a third party by bringing a malfunctioning computer to a repair shop or by shipping a floppy diskette in the mail to a friend. Alternatively, a user may transmit information to third parties electronically, such as by sending data across the Internet, or a user may leave information on a shared computer network. When law enforcement agents learn of information possessed by third parties that may provide evidence of a crime, they may wish to inspect it.
Whether the Fourth Amendment requires them to obtain a warrant before examining the information depends in part upon whether the third-party possession has eliminated the individual's reasonable expectation of privacy.
To analyze third-party possession issues, it helps first to distinguish between possession by a carrier in the course of transmission to an intended recipient and subsequent possession by the intended recipient. For example, if A hires B to carry a package to C, A's reasonable expectation of privacy in the contents of the package during the time that B carries the package on its way to C may be different than A's reasonable expectation of privacy after C has received the package. During transmission, contents generally retain Fourth Amendment protection. The government ordinarily may not examine the contents of a closed container in the course of transmission without a warrant. Government intrusion and examination of the contents ordinarily violates the reasonable expectation of privacy of both the sender and receiver. See United States v. Villarreal, 963 F.2d 770, 774 (5th Cir. 1992). But see United States v. Young, 350 F.3d 1302, 1308 (11th Cir. 2003) (holding that Federal Express's terms of service, which allowed it to access customers' packages, eliminated customer's reasonable expectation of privacy in package); United States v. Walker, 20 F. Supp. 2d 971, 973-74 (S.D.W.Va. 1998) (concluding that packages sent to an alias in furtherance of a criminal scheme do not support a reasonable expectation of privacy). This rule applies regardless of whether the carrier is owned by the government or a private company. Compare Ex Parte Jackson, 96 U.S. (6 Otto) 727, 733 (1877) (public carrier), with Walter v. United States, 447 U.S. 649, 651 (1980) (private carrier).
Government acquisition of an intangible electronic signal in the course of transmission may also implicate the Fourth Amendment. See Berger v. New York, 388 U.S. 41, 58-60 (1967) (applying the Fourth Amendment to a wire communication in the context of a wiretap). The boundaries of the Fourth Amendment in such cases remain hazy, however, because Congress addressed the Fourth Amendment concerns identified in Berger by passing Title III of the Omnibus Crime Control and Safe Streets Act of 1968 ("Title III"), 18 U.S.C. §§ 2510-2522. Title III, which is discussed fully in Chapter 4, provides a comprehensive statutory framework that regulates real-time monitoring of wire and electronic communications. Its scope encompasses, and in many significant ways exceeds, the protection offered by the Fourth Amendment. See United States v. Torres, 751 F.2d 875, 884 (7th Cir. 1984); Chandler v. United States Army, 125 F.3d 1296, 1298 (9th Cir. 1997). As a practical matter, then, the monitoring of wire and electronic communications in the course of transmission generally raises many statutory questions, but few constitutional ones. See generally Chapter 4.Ordinarily, once an item has been received by the intended recipient, the sender's reasonable expectation of privacy in the item terminates. See United States v. King, 55 F.3d 1193, 1196 (6th Cir. 1995) (sender's expectation of privacy in letter "terminates upon delivery").
More generally, the Supreme Court has repeatedly held that the Fourth Amendment is not violated when information revealed to a third party is disclosed by the third party to the government, regardless of any subjective expectation that the third parties will keep the information confidential. For example, in United States v. Miller , 425 U.S. 435, 443 (1976), the Court held that the Fourth Amendment does not protect bank account information that account holders divulge to their banks. By placing information under the control of a third party, the Court stated, an account holder assumes the risk that the information will be conveyed to the government. Id. According to the Court, "the Fourth Amendment does not prohibit the obtaining of information revealed to a third party and conveyed by him to Government authorities, even if the information is revealed on the assumption that it will be used only for a limited purpose and the confidence placed in the third party will not be betrayed." Id. (citing Hoffa v. United States, 385 U.S. 293, 302 (1966)). See also SEC v. Jerry T. O'Brien, Inc., 467 U.S. 735, 743 (1984) ("when a person communicates information to a third party . . . he cannot object if the third party conveys that information or records thereof to law enforcement authorities"); Smith v. Maryland, 442 U.S. 735, 743-44 (1979) (finding no reasonable expectation of privacy in phone numbers dialed by owner of a telephone because act of dialing the number effectively tells the number to the phone company); Couch v. United States , 409 U.S. 322, 335 (1973) (holding that government may subpoena accountant for client information given to accountant by client because client retains no reasonable expectation of privacy in information given to accountant).
Courts have applied these principles to electronic communications. For example, in United States v. Horowitz, 806 F.2d 1222 (4th Cir. 1986), the defendant emailed confidential pricing information relating to his employer to his employer's competitor. After the FBI searched the competitor's computers and found the pricing information, the defendant claimed that the search violated his Fourth Amendment rights. The Fourth Circuit disagreed, holding that the defendant relinquished his interest in and control over the information by sending it to the competitor for the competitor's future use. See id. at 1224- 26. See also Guest v. Leis, 255 F.3d 325, 333 (6th Cir. 2001) (stating that sender of email "would lose a legitimate expectation of privacy in an e-mail that had already reached its recipient; at this moment, the e-mailer would be analogous to a letter-writer, whose 'expectation of privacy ordinarily terminates upon delivery' of the letter"); United States v. Meriwether, 917 F.2d 955, 959 (6th Cir. 1990) (defendant had no reasonable expectation of privacy in message sent to a pager); United States v. Charbonneau, 979 F. Supp. 1177, 1184 (S.D. Ohio 1997) (stating that a sender of an email "cannot be afforded a reasonable expectation of privacy once that message is received.").
Defendants will occasionally raise a Fourth Amendment challenge to the acquisition of account records and subscriber information held by Internet service providers where law enforcement obtained the records using less process than a search warrant. As discussed in Chapter 3.D, the Stored Communications Act permits the government to obtain transactional records with an "articulable facts" court order and specified subscriber information with a subpoena. See 18 U.S.C. §§ 2701-2712. These statutory procedures comply with the Fourth Amendment because customers of communication service providers do not have a reasonable expectation of privacy in customer account records maintained by and for the provider's business. See United States v. Perrine, 518 F.3d 1196, 1204 (10th Cir. 2008) ("Every federal court to address this issue has held that subscriber information provided to an internet provider is not protected by the Fourth Amendment's privacy expectation."); Guest v. Leis, 255 F.3d 325, 336 (6th Cir. 2001) (finding no Fourth Amendment protection for network account holder's basic subscriber information obtained from communication service provider). This rule accords with prior cases finding no Fourth Amendment protection in customer account records. See, e.g., United States v. Fregoso, 60 F.3d 1314, 1321 (8th Cir. 1995) (telephone records); In re Grand Jury Proceedings, 827 F.2d 301, 302-03 (8th Cir. 1987) (Western Union customer records). Similarly, use of a pen register to capture email to/from address information or Internet Protocol addresses of websites provided to an Internet service provider for routing communications does not implicate the Fourth Amendment. See United States v. Forrester, 512 F.3d 500, 510 (9th Cir. 2008) (email and Internet users have no reasonable expectation of privacy in to/from addresses of their messages or in IP addresses of websites visited).
Although an individual normally loses a reasonable expectation of privacy in an item delivered to a recipient, there is an exception to this rule when the individual can reasonably expect to retain control over the item and its contents. When a person leaves a package with a third party for temporary safekeeping, for example, she usually retains control of the package and thus retains a reasonable expectation of privacy in its contents. See, e.g., United States v. James, 353 F.3d 606, 614 (8th Cir. 2003) (finding that defendant retained Fourth Amendment rights in sealed envelope containing computer disks which he had left with a friend for storage); United States v. Most, 876 F.2d 191, 197- 98 (D.C. Cir. 1989) (finding reasonable expectation of privacy in contents of plastic bag left with grocery store clerk); United States v. Barry, 853 F.2d 1479, 1481-83 (8th Cir. 1988) (finding reasonable expectation of privacy in locked suitcase stored at airport baggage counter); United States v. Presler, 610 F.2d 1206, 1213-14 (4th Cir. 1979) (finding reasonable expectation of privacy in locked briefcases stored with defendant's friend for safekeeping).In some cases, the sender may initially retain a right to control the third party's possession, but may lose that right over time. The general rule is that the sender's Fourth Amendment rights dissipate as the sender's right to control the third party's possession diminishes. For example, in United States v. Poulsen, 41 F.3d 1330 (9th Cir. 1994), overruled on other grounds, United States v. W. R. Grace, 526 F.3d 499 (9th Cir. 2008) (en banc) computer hacker Kevin Poulsen left computer tapes in a locker at a commercial storage facility but neglected to pay rent for the locker. Following a warrantless search of the facility, the government sought to use the tapes against Poulsen. The Ninth Circuit held that the search did not violate Poulsen's reasonable expectation of privacy because under state law Poulsen's failure to pay rent extinguished his right to access the tapes. See id. at 1337. See also United States v. Allen, 106 F.3d 695, 699 (6th Cir. 1997) ("Once a hotel guest's rental period has expired or been lawfully terminated, the guest does not have a legitimate expectation of privacy in the hotel room." (internal quotation marks omitted)).
Orin Kerr, "The Case for the Third Party Doctrine, " Michigan Law Review, Vol. 107, 2009
Questioning Third Party Doctrine
United States v. Jones, 565 U.S. 400, 417-18 (2012) (Sotomayor, J., concurring);
American Civil Liberties Union v. Clapper, 785 F.3d 787, 824 (2d Cir. 2015)
Use of Specialized Technology to Obtain Information
The government's use of innovative technology to obtain information about a target can implicate the Fourth Amendment. See Kyllo v. United States, 533 U.S. 27 (2001). In Kyllo, the Supreme Court held that the warrantless use of a thermal imager to reveal the relative amount of heat released from the various rooms of a suspect's home constituted a search that violated the Fourth Amendment. In particular, the Court held that where law enforcement "uses a device that is not in general public use, to explore details of the home that would previously have been unknowable without a physical intrusion, the surveillance is a 'search' and is presumptively unreasonable without a warrant." Id. at 40. Whether a technology falls within the scope of the Kyllo rule depends on at least two factors. First, the use of technology should not implicate Kyllo if the technology is in "general public use," see id. at 34, 39 n.6, although courts have not yet defined the standard for determining whether a given technology meets this requirement. Second, the Supreme Court restricted its holding in Kyllo to the use of technology that reveals information about the interior of the home. See id. at 40 ("We have said that the Fourth Amendment draws a firm line at the entrance to the house." (internal quotation marks omitted)).
Open Source / Electronic Communications Privacy Act
Where an individual lacks an expectation of privacy, law enforcement officers do not need a warrant to listen in. See Fourth Amendment. [Andreas] [Katz] ECPA would not bar "intercepting" the communications in instances where the systems are configured to be publicly accessible.
(g) It shall not be unlawful under this chapter or chapter 121 of this title for any person- (i) to intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public;
[18 U.S.C. § 2511(2)(g)(i)] [See also 18 U.S.C. § 2511(2)(g)].
Congress intended this language to permit the interception of an electronic communication that has been posted to a public bulletin board, a public chat room, or a Usenet newsgroup. See S. Rep. No. 99-541, at 36 (1986), reprinted in 1986 U.S.C.C.A.N. 3555, 3590 (discussing bulletin boards). This exception may apply even if users are required to register and agree to terms of use in order to access the communication. See Snow v. DirecTV, Inc., 450 F.3d 1314, 1321-22 (11th Cir. 2006) (electronic bulletin board that required visitors to register, obtain a password, and certify that they were not associated with DirecTV was accessible to the public).
[Search Seizure 2009 p 182] Examples of this may include public chat rooms, websites or IRC channels.
Where one has an expectation of privacy is not always clear. If I set up a rendezvous with an acquaintance in a secluded public park in the middle of the day, sitting on a solitary park bench, do we have an expectation of privacy? According to DOJ,
This inquiry embraces two discrete questions: first, whether the individual's conduct reflects "an actual (subjective) expectation of privacy," and second, whether the individual's subjective expectation of privacy is "one that society is prepared to recognize as 'reasonable.'" In most cases, the difficulty of contesting a defendant's subjective expectation of privacy focuses the analysis on the objective aspect of the Katz test, i.e., whether the individual's expectation of privacy was reasonable.
[Search & Seizure Manual Sec. I.B.1.] One can general expect that the contents of a closed container are private. A computer is considered a "closed container" and thus an owner may have an expectation of privacy. [Search & Seizure Manual Sec. I.B.1.] [Barth 936-37] [Reyes 832-33] [Lynch 287] [Chan 535] [Blas 21]
Reasonable Expectation of privacy in Computers as Storage Devices
The most basic Fourth Amendment question in computer cases asks whether an individual enjoys a reasonable expectation of privacy in electronic information stored within computers (or other electronic storage devices) under the individual's control. For example, do individuals have a reasonable expectation of privacy in the contents of their laptop computers, USB drives, or cell phones? If the answer is "yes," then the government ordinarily must obtain a warrant, or fall within an exception to the warrant requirement, before it accesses the information stored inside. When confronted with this issue, courts have analogized the expectation of privacy in a computer to the expectation of privacy in closed containers such as suitcases, footlockers, or briefcases. Because individuals generally retain a reasonable expectation of privacy in the contents of closed containers, see United States v. Ross, 456 U.S. 798, 822-23 (1982), they also generally retain a reasonable expectation of privacy in data held within electronic storage devices. Accordingly, accessing information stored in a computer ordinarily will implicate the owner's reasonable expectation of privacy in the information. See United States v. Heckenkamp, 482 F.3d 1142, 1146 (9th Cir. 2007) (finding reasonable expectation of privacy in a personal computer); United States v. Buckner, 473 F.3d 551, 554 n.2 (4th Cir. 2007) (same); United States v. Lifshitz, 369 F.3d 173, 190 (2d Cir. 2004) ("Individuals generally possess a reasonable expectation of privacy in their home computers."); Trulock v. Freeh, 275 F.3d 391, 403 (4th Cir. 2001); United States v. Al-Marri, 230 F. Supp. 2d 535, 541 (S.D.N.Y. 2002) ("Courts have uniformly agreed that computers should be treated as if they were closed containers."); United States v. Reyes, 922 F. Supp. 818, 832-33 (S.D.N.Y. 1996) (finding reasonable expectation of privacy in data stored in a pager); United States v. Lynch, 908 F. Supp. 284, 287 (D.V.I. 1995) (same); United States v. Chan, 830 F. Supp. 531, 535 (N.D. Cal. 1993) (same); see also United States v. Andrus, 483 F.3d 711, 718 (10th Cir. 2007) ("A personal computer is often a repository for private information the computer's owner does not intend to share with others. For most people, their computers are their most private spaces." (internal quotation omitted)).Although courts have generally agreed that electronic storage devices can be analogized to closed containers, they have reached differing conclusions about whether a computer or other storage device should be classified as a single closed container or whether each individual file stored within a computer or storage device should be treated as a separate closed container. In two cases, the Fifth Circuit determined that a computer disk containing multiple files is a single container for Fourth Amendment purposes. First, in United States v. Runyan, 275 F.3d 449, 464-65 (5th Cir. 2001), in which private parties had searched certain files and found child pornography, the Fifth Circuit held that the police did not exceed the scope of the private search when they examined additional files on any disk that had been, in part, privately searched. Analogizing a disk to a closed container, the court explained that "police do not exceed the private search when they examine more items within a closed container than did the private searchers." Id. at 464. In a subsequent case, the Fifth Circuit held that when a warrantless search of a portion of a computer and zip disk had been justified, the defendant no longer retained any reasonable expectation of privacy in the remaining contents of the computer and disk, and thus a comprehensive search by law enforcement personnel did not violate the Fourth Amendment. See United States v. Slanina, 283 F.3d 670, 680 (5th Cir. 2002), vacated on other grounds, 537 U.S. 802 (2002), aff'd, 359 F.3d 356, 358 (5th Cir. 2004). See also People v. Emerson, 766 N.Y.S.2d 482, 488 (N.Y. Sup. Ct. 2003) (adopting intermediate position of treating computer folders rather than individual files as closed containers); United States v. Beusch, 596 F.2d 871, 876-77 (9th Cir. 1979) (holding that when a physical ledger contains some information that falls within the scope of a warrant, law enforcement may seize the entire ledger, rather than individual responsive pages).Other appellate courts have treated individual computer files as separate entities, at least in the search warrant context. See, e.g., Guest v. Leis, 255 F.3d 325, 335 (6th Cir. 2001) (approving off-site review of a computer to "separate relevant files from unrelated files"). Similarly, the Tenth Circuit has refused to allow such exhaustive searches of a computer's hard drive in the absence of a warrant or some exception to the warrant requirement. See United States v. Carey, 172 F.3d 1268, 1273-75 (10th Cir. 1999) (ruling that agent exceeded the scope of a warrant to search for evidence of drug sales when he "abandoned that search" and instead searched for evidence of child pornography for five hours). In particular, the Tenth Circuit cautioned in a later case that "[b]ecause computers can hold so much information touching on many different areas of a person's life, there is greater potential for the 'intermingling' of documents and a consequent invasion of privacy when police execute a search for evidence on a computer." United States v. Walser, 275 F.3d 981, 986 (10th Cir. 2001).Although individuals generally retain a reasonable expectation of privacy in computers under their control, special circumstances may eliminate that expectation. For example, an individual will not retain a reasonable expectation of privacy in information that the person has made openly available. See Katz v. United States, 389 U.S. 347, 351 (1967) ("What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection."); Wilson v. Moreau, 440 F. Supp. 2d 81, 104 (D.R.I. 2006) (finding no expectation of privacy in documents user stored on computers available for public use in a public library); United States v. Gines-Perez, 214 F. Supp. 2d 205, 224-26 (D.P.R. 2002) (finding no reasonable expectation of privacy in information placed on the Internet); United States v. Butler, 151 F. Supp. 2d 82, 83-84 (D. Me. 2001) (finding no reasonable expectation of privacy in hard drives of shared university computers). Thus, several courts have held that a defendant has no reasonable expectation of privacy in files shared freely with others. See United States v. King, 509 F.3d 1338, 1341-42 (11th Cir. 2007) (holding that defendant did not have a legitimate expectation of privacy in the contents of a "shared drive" of his laptop while it was connected to a network); United States v. Barrows, 481 F.3d 1246, 1249 (10th Cir. 2007) (holding no reasonable expectation of privacy exists where defendant networked his computer "for the express purpose of sharing files"); United States v. Stults, 2007 WL 4284721, at *1 (D. Neb. Dec. 3, 2007) (finding no reasonable expectation of privacy in computer files that the defendant made available using a peer-topeer file sharing program). Similarly, in United States v. David, 756 F. Supp. 1385 (D. Nev. 1991), agents looking over the defendant's shoulder read the defendant's password from the screen as the defendant typed his password into a handheld computer. The court found no Fourth Amendment violation in obtaining the password because the defendant did not enjoy a reasonable expectation of privacy "in the display that appeared on the screen." Id. at 1390. See also United States v. Gorshkov, 2001 WL 1024026, at *2 (W.D. Wash. May 23, 2001) (holding that defendant did not have a reasonable expectation of privacy in use of a private computer network when undercover federal agents looked over his shoulder, when he did not own the computer he used, and when he knew that the system administrator could monitor his activities). Nor will individuals generally enjoy a reasonable expectation of privacy in the contents of computers they have stolen or obtained by fraud. See United States v. Caymen, 404 F.3d 1196, 1200 (9th Cir. 2005); United States v. Lyons, 992 F.2d 1029, 1031-32 (10th Cir. 1993).
Expectation of Privacy in the Workplace (4th Amendment)
Bank Records
United States v. Miller, 425 U.S. 435 (1976) "Court ruled that a bank customer's financial record is the property of the bank, and thus he or she has no legitimate "expectation of privacy" in these records."


I just started teaching a course in art history–1750 (Neoclassicism) to the present. I've taught genres within art history–women's art, environmental/ecoart–but never a survey. It's a challenge, but I am really enjoying it. I've been reclaiming my artistic roots (drawing, painting, collage, printmaking), and this is one more venue for doing so. My approach to the course is to frame the work and art periods by the social, political, environmental, and technological context of the time period–how were artists influenced by the times in which they lived?
I recently came across a fascinating series of books titled "Very Short Introductions" by Oxford University Press. These "very short introductions," which can fit in a pocket and are not more than 100 pages or so, cover a wide range of topics. I am currently reading A Very Short Introduction: Art History. I had thought when I purchased it, that this would be an introductory survey. But I was pleasantly surprised that it is, in fact, a discussion of the discipline of art history.
What I am discovering is that my contextual approach to art history is a fairly recent development in the field. The author, Dana Arnold, is well schooled in feminist, postmodern, and post colonial theory and applies it. I am certainly familiar with the critique in Linda Nochlin's 1988 essay "Why Have There Been No Great Women Artists," which deconstructs the traditional art historical privileging of white, Western, male, genius artists. This Very Short Introduction explains why that has been the case, and it goes back to the very first writings on art by Vasari (1511-74), who was greatly influenced by Pliny the Elder (CE24-79). Vasari, following in Pliny's footsteps, emphasized individual artists and their masterpieces, creating an art historical cannon that remained largely unchallenged until the 20th century!
Why do I find this fascinating? This Very Short Introduction charts the trajectory of how art has been valued over the centuries, which has largely been based on the ancient Roman standards of one man, and then subsequently reinforced by another man from the Renaissance. In both cases, these men rarely had the original art to study, relying on written descriptions and prints.
Despite recent post-modern challenges to "the cannon," it continues to dominate how art is evaluated. Though women, artists of color, and (less so) collaborative groups have been "allowed" into the cannon, the cult of the lone "genius" artist and his/her masterworks remain the standard by which artists and their works are judged.
Well, I am half-way through the Introduction, so more on this later. But, definitely worth pondering!


When faced with temptation from your goal, don't ask yourself "How good have I been?" Ask "How committed am I?"
Not only did you indulge in actions that weren't aligned with your goals, but you also felt you deserved them, so you didn't feel bad at the time. But when you looked back at your productivity break, the aftertaste was awful. What was I thinking? How did I end up wasting the rest of this week when it started out so well?
What happened was moral licensing. You being "so good" yesterday that it made you feel justified in being a "little bit bad" today.
Here's the truth: if the only reason that you are motivated to exert self-control is the desire to be a "good enough" person, you're going to give into temptation whenever you're feeling good about yourself. In other words, you've set the success bar low.
For example, some people gain weight when they start exercising more. This is not because they've experienced a huge increase in their muscle mass. Instead, the weight gain is due to the fact that they "treat" themselves to more food because they were so "good" for exercising.
The same thing can happen in regard to your productivity. Maybe you work really hard and stay super late at the office one night so as a "reward" for all your "good" work, you then spend the next two days at work surfing the Internet.
You're going to give into temptation whenever you're feeling good about yourself.
So how do you get out of this crazy cycle?
1. Remember that choosing certain actions is about commitment to your underlying goals, not about being "good" or "bad." In the case of the healthier eating and more exercise, you need to see both actions as independent steps that are necessary to achieve your weight loss goal. They are not different sides of a scale but steps on a journey. Your goal isn't to achieve equilibrium but to keep moving forward. You need to see both as essential parts of meeting your fitness goals.
2. Don't ask yourself "How good have I been?" or "How much progress have I made?" when you're deciding whether or not to give in to doing something not aligned with your goals. Instead, ask yourself "How committed do I feel to my goal?" and "Why am I choosing to resist temptation?" According to The Willpower Instinct, people asked the first set of questions are more likely to act in conflict with their goals, while those asked the second set aren't tempted to do so.
3. Act as if. Decide you are the type of person who wants to do the actions aligned with your goals. If you go around thinking you're a bad, lazy, and self-indulgent person who just occasionally can muster up the gumption to fake good actions, consistent change will be an angry struggle and you'll constantly look for ways to be subversive or to "get away with" something. Make your goal part of your identity, even if it feels uncomfortable.
But when you realize that you ARE the type of person who wants what's best for yourself and to live in line with your values and goals, taking actions that undermine your goals will no longer seem like a treat, it will be a betrayal of who you are. Working on your portfolio, staying ahead of a project, or updating your website won't be something that you have to do, but something you want to do because you're a creative professional who is committed to developing your career.
When do you give yourself permission to be bad because you've been so good? How have you overcome this challenge?
This is fantastic and, for me, really timely. Thank you!
I know!! The book is incredible. Definitely a must read for anyone interested in changing difficult habits.
Feels nice to know I'm not the only one.
Great article. Serendipitous timing. Going through something similar in a new job. Again!
You're definitely not alone! It's a common problem.
The good news is that by simply thinking about your actions as commitment to your goals, you're much less likely to self sabotage.
Great article… made it all so clear to me. Thanks!
Great article. This is exactly the narrative of Genesis 3… and the entire story of the Scriptures. The only thing I'd add (if asked… or being an open comment system) is that goals, as amazing as they are, are not/cannot be self-fullining, rather they lead to the desire of setting more goals; bigger ones. I can only speak about what I know, but what I know is that I'm constantly interacting with the Creator of the world, Jesus. And it's in that constant exchanging relationship that I'm able to work my tail off achieving goals (as a Type-A person) and projects at the office and regardless of the productivity I still leave feeling full. Thanks the article Elizabeth.
Excellent , thanks for the great post.
Feeling less lonely…And more motivated to act aligned to my goals! Thanks for this great article!


text:
Missionaries in Honduras create job opportunities for struggling parents
by Kate Ulrich | Mar 26, 2021 | Children at Risk, Education, Honduras, Jobs at SAMS, Latin America, SAMS Missionaries, World Relief
You're a parent of two children in Honduras, struggling to provide for your family in a violent and poverty-stricken neighborhood. The loving education your kids receive at the local Christian school is a rare blessing. The school charges a small tuition fee, but it is a manageable cost. Then you hear news of a deadly virus circulating the world. Before you know it, your community has shut down to prevent the spread of the virus. You've lost your job, and soon you aren't able to feed your kids, much less pay tuition.
Such is a scenario many families in Flor del Campo, Honduras experienced when the 2020 pandemic hit. SAMS missionaries Suzy McCall, Amanda Scott, and Stephen and Debra Buckner serve there at the LAMB Institute. LAMB is an extensive ministry with a children's home and church, a school, and other programs to help at-risk children and youth. Students depend on that community in a place plagued by danger and destitution. The ministry infuses hope into children through Christ-centered education and spiritual nourishment. The pandemic would have threatened kids' ability to participate. Yet LAMB, led by Suzy, knew they needed a way to keep kids in school while also empowering families to pay tuition with dignity. The solution they created gives parents a chance to work off the payments owed. That is not all – the plan also equips families with start-up small businesses and skills they can use after they have paid off tuition debt.
Suzy describes the project – "We have created jobs for family members of the students who owe money. First, we hired a coordinator for this project, which will initially run for three months. We have selected a young woman in our neighborhood who holds a university degree and is currently unemployed. Several small businesses have already started: a man is selling fresh fruits and vegetables from a cart which he pushes around the neighborhood; another family is selling paper products; another is selling plastic products. A carpenter in our youth outreach program offered to train a small group of people in woodworking, with the hope that they would eventually produce marketable goods, such as furniture. They have completed their first project: three bookcases. Our fund underwrites the start-up expenses, pays the carpenter, and provides stipends for the 'employees.' Again, we will underwrite the materials and pay the workers for the first three months, with the stipulation that part of their pay will be applied towards their school debt. If some of the businesses are successful in generating profit, we can turn them over to the operators, and they can continue without our help." Empowered by God's grace, this ministry puts legs on our Lord's calling to proclaim good news to the poor (Isaiah 61:1). Lift up these Honduran families in prayer as they engage in these small business opportunities and interact with the Christian community at LAMB.
In 2021, SAMS World Relief Fund (WRF) provided for a grant of $4,000 for LAMB's job creation project. SAMS WRF has helped other ministries in Honduras as well. Two severe hurricanes devastated other areas of Honduras in Fall 2020. Stay tuned to read how SAMS Missionaries are helping those communities get back on their feet.
Senders giving generously to SAMS World Relief Fund in 2020 and 2021 have enabled missionaries globally to help their communities in dire circumstances caused by the pandemic and natural disasters. In four rounds of grants, SAMS WRF has given to 18 missionary projects and five diocesan projects, totalling $80,700 since April 2020.
Give to SAMS World Relief Fund
Give to Suzy McCall
Give to Amanda Scott
Give to Stephen and Debra Buckner


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HomeWebHow polls influence votes in the American election
Sep. 16, 2016 at 8:40 am
How polls influence votes in the American election
Guest Contributor 3 years ago 3 Comments2016 presidential electionsdonald trumpelectionshillary clintonpolls
Polls help the public to gauge election results, and it's great to have that prediction. However, polls also play a larger role by actually influencing votes.
John Papadakis is CEO and Cofounder at Pollfish, a platform that delivers surveys online via mobile apps on a global scale.
The day after the 1948 U.S. presidential election, The Chicago Tribune declared the wrong man president. "Dewey Defeats Truman," the headline read. Really, Harry Truman had won – he'd just been so behind in the polls, the newspaper didn't think he stood a chance. And it prepared, then printed, the front page story totally wrong.
Our polling game has certainly improved since then. But still, election polls aren't always accurate – an inevitable truth when surveying small samples of people. They fluctuate too, especially during party conventions, when voters are advised to not even take notice of polls until the conventions close. But although they can sometimes make varied predictions, polls do have a great impact on other areas of the election. Polls have the power to influence votes; even to change public policy.
Just how accurate are election polls?
It's survey basics: if one properly selects a non-biased sample and uses the right survey method, the poll results will represent a larger population, projecting varied attitudes and opinions.
According to FiveThirtyEight's Pollster Ratings, which analyze the historical accuracy of political polls, many pollsters call races correctly more than 90 percent of the time, like CNN for example. Others like CBS get it right 75 percent of the time. But there's a handful on the list who call races correctly less than 70 percent of the time – and that's not necessarily a great track record.
Other data from the National Council of Public Polls found election polls to be on average, actually quite accurate. Since 2002, the council has analyzed polls 20 days before presidential elections and found the average percentage-point difference between the two candidates was only off by 1.65 percent from what the polls had predicted.
That's even as the response rate – the number of people who agree to a survey – has significantly dropped over the years. At Pew Research, the typical response rate for a telephone survey fell to 9 percent in the last 2012 presidential election, down from 36 percent in 1997.
However by using a mix of survey methods – such as in person, telephone, social media, email, mobile and in app – and the types of questions asked (see Pew Research's 2012 election questions here), a researcher should in theory, be able to achieve an unbiased and accurate poll.
When polls control the vote
Polls cause voters to follow the crowd. Voter behavior is affected by how they perceive the public will vote, especially when the media analyzes poll results. This happens by the means of the 'Boomerang effect' – where voters see a candidate is so far ahead in the polls, they feel their vote doesn't matter and don't vote at all – or the 'Bandwagon effect' – where essentially the opposite happens, and people want to vote with the crowds to support a candidate.
Some voters even switch sides to be on the 'winning team', according to a paper from Stanford's Graduate School of Business and Microsoft Research. When the study's subjects learnt an expert favored a different position, 11.3 percent of people changed their opinions – although only 6.2 percent of subjects did when they learnt a peer favored a different position.
The paper also found polls help people to seek out new information about a candidate or party. Voters then try to discover if they support this information or not based on 'the wisdom of the crowds.' For example, polls show 61 percent of Americans support a relaxed immigration plan. In this, a voter may see this policy as valuable and support it, too.
How polls influence political platforms
Polls also influence candidates, helping them design platforms and make important political decisions, such as choosing a running mate.
Donald Trump, for example, chose Mike Pence as his vice presidential pick. It might come as a surprise to read that he is a conservative who is strongly against banning Muslims from immigrating to the U.S., and who always endorses free trade. But it makes sense; as polls show nearly half of Republicans would prefer Trump wasn't the candidate, Pence was chosen to appease the conservative GOP party, and help to (slightly) balance Trump out.
Additionally, polls influence politicians to adjust their stance on a subject, in order to garner more public support. Donald Trump has modified his stance on key issues – such as abortion and gun control – sometimes away from the traditional GOP stance and more in line with Republicans voters.
He believes abortion should be legal in cases of rape and incest, agreeing with 60 percent of Republican voters but disagreeing with the GOP. Rather, he stands with Republican voters and the GOP alike on gun control: about 35 percent strongly disagree on increased gun control. The numbers show he's molded himself to represent his Republican voters.
Providing an opinion in a survey is a great responsibility. It's up to the general public to provide opinions that express their true feelings, and equally, up to researchers to gain a real sense of what their samples are thinking and report back without bias, in order to produce an honest poll. Because public polls have great implications. They're powerful enough to influence how the public votes, and further, how a candidate molds his or her political platform. All in all, public polls affect how an entire country is shaped.
Tags :2016 presidential electionsdonald trumpelectionshillary clintonpolls
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Is Employee-Facing IoT Omnichannel's Silver Bullet?
Posted on June 16, 2016 June 16, 2016 11:41 am
While the pace of innovation in retail has given more than a few brands whiplash over the years, there's no doubt that the industry is still in something of a transition period as far as the nature of online ordering and omnichannel support are concerned. There are the overachievers and the ones playing catch-up scattered all over the place, but what's for certain is that the entire industry is lurching toward a point where only the competent in both in-store and online sales will be allowed to survive.
How fortunate, then, that the Internet of Things is emerging as a top contender to help struggling retailers bridge the divide between where they are and where they need to be with in-store omnicommerce.
The most encouraging news on that front comes from The Container Store, which announced on Tuesday (June 14) that it was outfitting most of its in-store retail staff with IoT communicators that would allow them to operate with maximum efficiency without being tied down to a computer screen or mobile dashboard. Courtesy of wearables developer Theatro, brick-and-mortar associates will be able to speak into a credit card-sized device for real-time, Amazon Echo-esque answers to questions on remaining inventory and the status of customer orders, and walkie talkie-style, point-to-point communication is also possible.
By the end of July, 3,000 associates in 70 of The Container Store's 80 brick-and-mortar locations will be working with Theatro's IoT devices, and John Thrailkill, EVP of IT and business development, knows a helping hand when he sees one.
"At The Container Store, we are constantly looking for innovative solutions to not only enhance our customers' experience but also help our employees work even more efficiently," Thrailkill said in a statement. "The wearable gives all employees immediate access to store resources, such as inventory availability and status of pickup orders, via a simple conversational voice user interface, providing us less wait time for customers and better staff productivity all around. Employees can use the wearable's apps to have one-to-one conversations, share expertise and product information, support one another and guide new teammates, all while remaining heads-up and hands-free."
It's all part of an industry-wide pivot from IoT as an abstract concept to IoT as something that can and should belong in the tangible, physical world doing tangible, physical good. Target understands the shift, as it's already begun outfitting some stores with what it calls its "Connected Living" store-within-a-store format, but Target of all retailers should appreciate the need for a smoother link between the worlds of online commerce and in-store fulfillment. It's the most common thing in the world for data transmitted across this divide to get muddled in the process and result in missing inventory, frustrated customers and stressed employees, as SVP of Supply Chain Transformation Karl Bracken confessed when Target was struggling to overhaul its own omnichannel integrations without the help of IoT.
"The 'item not found' rate was higher than projected," Bracken told Internet Retailer. "Some stores had to cancel up to 50 percent of online orders because they couldn't find a product in the store."
Interventions like that which The Container Store is throwing its lot in with won't immediately straighten out the kinks in supply chains that bleed data and lead to inaccurate inventory, but they do accomplish one significant goal: By allowing in-store employees a more transparent and intuitive way to interact with the data at the core of all operations, those associates are better able to handle whatever problems arise as a result.
It's a transitionary step between where B&M retailers are and where they need to be in omnichanel efficiency to stay competitive, but every journey of a thousand miles starts with a single wearable-tracked step.
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Home News Sneak Peak of the Oscars 2022 – Check Out Everything That Happened at Event Night!
Sneak Peak of the Oscars 2022 – Check Out Everything That Happened at Event Night!
on March 30, 2022 March 30, 2022 News
The 94th Academy Awards were hosted on March 27 at the Dolby Theatre in Hollywood. It has been hosted in public for the first time since the pandemic started. The Academy of Motion Picture Arts and Sciences (AMPAS) bestowed the award, which recognised the most incredible movies released between March 1 and December 31, 2021.
Stars arrived in their trendiest attire to honour some outstanding work from the previous year. Regina Hall, Amy Schumer, and Wanda Sykes hosted the event. It was the first time since the 83rd Academy Awards in 2011 that multiple hosts were present.
The Power of the Dog had 12 nominations, followed by Dune with ten, Belfast and West Side Story with seven, while King Richard received six.
The highlight of the night!
source: brightspotcdn.com
The night's primary highlight was "CODA," which won an Oscar for best movie, whereas Will Smith and Jessica Chastain won the award for best actress and actor in a prominent role, respectively.
Jane Campion, the filmmaker of "The Power of the Dog," has become the third woman to win the best director award at Oscar, and Troy Kotsur, the very first deaf man to receive an Oscar award for acting, were among the awardees who made a significant impact on Sunday evening.
Most of the focus on the evening will surely be on Smith, following his on-stage spat with Chris Rock when the comedian made a joke regarding Smith's spouse, Jada Pinkett Smith.
Nominees of the best movie!
source: theglobeandmail.com
The best picture nominees are Don't Look Up, Licorice Pizza, CODA, King Richard, Nightmare Alley," and the Japanese film "Drive My Car".
On Apple TV+, CODA has become the first Best Picture winner in Academy history to be broadcast by an internet streaming platform. In addition to Best Film, the film received two more awards: Best Supporting Actor for Troy Kotsur and an Oscar Award for The Best Original Screenplay for Sian Heder, the film's writer and Director.
Nominees of the best actress!
Lady Gaga appeared to be on the list for the best actress candidacy for her contribution to House of Gucci. But, she was ultimately left out, with Olivia Colman (The Lost Daughter), Penelope Cruz (Parallel Mothers), Nicole Kidman (Being the Ricardos), Kristen Stewart (Spencer), and Jessica Chastain (The Eyes of Tammy Faye) receiving the five nominees.
Winner – Jessica Chastain for "The eyes of Tammy Faye."
Nominees for the best actor!
Benedict Cumberbatch (The Power of the Dog), Andrew Garfield ("Tick, Tick… Boom!), Will Smith (King Richard), Denzel Washington (The Tragedy of Macbeth), and Javier Bardem (Being the Ricardos) all received nominations for the best actor title.
Winner – Will Smith for "King Richard".
Awards won at Oscars 2022
Dune took home the most awards, earning six in total. Belfast, West Side Story, Cruella, The Queen of Basketball, Drive My Car, Encanto, King Richard, No Time to Die, The Long Goodbye, The Power of the Dog, Summer of Soul, and The Windshield Wiper are among the other winners with two Oscars apiece.
Firsts at 94th National Academy Awards
Jane Campion won on her second candidacy after Chloé Zhao's victory in 2021, making it the first instance a woman won Best Director for the second time in a row at the 2022 event.
Besides that, The Power of the Dog has become the first film since The Graduate at the 40th Academy Awards in 1968 to win the best Director without any other nominations.
Campion is the third-oldest candidate to win an Oscar Award, and she is the first woman to win an Oscar for both filmmaking and scripting.
The Danish animation documentary "Flee" received nominations for best international film, best-animated film, and best feature documentary. It's the first time a film has been nominated in all three categories.
Summary!
So, here's the detailed news regarding the 94th National Academy Awards held on March 27 in Los Angeles. Wishing all the Oscar winners the heartiest congratulations from our end and even to the nominees for making it to the Oscars.
Disclaimer: This News/Content is sourced from third-party websites & published on Live Enhanced for information purposes only, LE does not claim or guarantee the truth.
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