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Law and Disorder is a weekly independent civil liberties radio program airing on more than 150 stations and on Apple podcast. Law and Disorder provides timely legal perspectives on issues concerning civil liberties, privacy, right to dissent and practices of torture exercised by the US government and private corporations.

Law and Disorder July 9, 2012


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ACLU Files Lawsuit For Second Parent Adoption

The American Civil Liberties Union and the ACLU of North Carolina Legal Foundation filed a lawsuit on behalf of six same-sex couples and their children seeking the right to obtain second parent adoptions for their children. What is a second parent adoption? That’s when one partner in an unmarried couple adopts the other partner’s biological or adoptive child. This can occur in both gay and straight relationships. In December 2010, the North Carolina Supreme Court banned second parent adoptions for same-sex couples.

Attorney Chris Brook:

  • We brought it on behalf of six families here in North Carolina where one parent has parental rights and a legal relationship with their child or children that they’re raising and the other parent that is playing an equivalent role in raising the child that does not have a legal relationship. . . and is treated as a stranger by the law.
  • The lawsuit seeks to make uniform adoption laws in North Carolina such that they focus exclusively in what’s the best interest for the child.
  • Each of the families in the lawsuit have a compelling story to tell.
  • It just makes a lot of sense for the parents to provide care then for the child to be a ward of the state.
  • It (the state law) does apply to unmarried couples whether they are gay or straight.
  • The reason why all six of the parents involved are gay couples is because in North Carolina there is at least a remedy to unmarried straight couples. They could always get married and rectify the problems.
  • This litigation is being brought on behalf of same sex couples here.
  • My understanding is that 20 states including the District of Columbia permit second parent adoption.
  • If there’s not a legal relationship with the second parent and the child, they may not be able to get health insurance through that parent. Similarly for worker compensation benefits.

Guest – Attorney Chris Brook, Legal Director with the ACLU of North Carolina

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 Drone Summit: Killing and Spying by Remote Control


Earlier this year, human rights advocates, robotics technology experts, lawyers, journalists and activists gathered to bring detailed up to date information about the widespread and rapidly expanding deployment of both lethal and surveillance drones, including drone use in the United States.  We hear excerpts of 2 presentations delivered at the drone conference in Washington DC titled  Drone Summit: Killing and Spying by Remote Control.

Medea Benjamin  , co-founder of the human rights group Global Exchange and the peace group CODEPINK. She’s also the author of the new book Drone Warfare: Killing by Remote Control. It’s a comprehensive look at the growing menace of drone warfare, with analysis of who is producing the drones, where they are being used, and who pilots the unmanned planes.

Trevor Timm, activist at the Electronic Frontier Foundation, who specializes in free speech issues and government transparency.

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Woody Guthrie – 100th Centennial Celebration

Woodrow Wilson Guthrie was born on July 14, 1912, in Okemah, Oklahoma.  Music festivals around the country mark his centennial.  Many know Woody Guthrie by the song, “This Land Is Your Land” but he recorded much more and the bulk of those songs are archived in the Library of Congress. Woody was very productive, he was a writer, a cartoonist, and a biographer.  “Roots of Woody Guthrie: Celebrating Woody at 100” Down Home Radio Show

Eli Smith:

  • He was born on July 14, Bastille Day. He moved to Brooklyn in 1940. He was a radical guy, a socialist. His father was a successful business man in Oklahoma during the boom times.
  • He had grown up in a stable middle class family. His mother suffered from Huntington disease which killed Woody Guthrie in 1967 at the age of 55.
  • Woody Guthrie did travel with migrant workers, of course there were hundreds of thousands of migrants riding the rails.
  • In California, Woody started his career also as a radio personality,  he was already writing and painting, he was a multi-faceted artist.
  • Woody loved Will Rogers, another Oklahoman, he was a Native American and stand up comic.
  • Not only was he (Woody) a writer and performer of songs, he also wrote poetry and prose and newspaper opinion pieces.
  • He was also a talented painter and visual artist.
  • His autobiographical novel, Bound for Glory was published in 1943.
  • Woody Guthrie had 8 children over the course of his life. He did several albums of children’s songs for the Folkways Records.
  • He composed This Land Is Your Land to a response to that song (God Bless America)
  • Since that time its been sanitized because they took out the more communistic verses, it’s kind of a second national anthem.
  • “Roots of Woody Guthrie: Celebrating Woody at 100” Down Home Radio Show

Guest – Eli Smith (host/producer) is a banjo player, writer, researcher and promoter of folk music living in New York City. Eli is a Smithsonian Folkways recording artist.  Eli organizes two folk festivals annually, the Brooklyn Folk Festival in the Spring and Washington Square Park Folk Festival in the Fall.

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Law and Disorder July 2, 2012

Updates:

  • Supreme Court Decision on Immigration Discussion

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Supreme Court Decision on Immigration

Last week the Supreme Court delivered a split decision on Arizona’s 2010 immigration law, upholding the most controversial section of that law, “show me your papers” provision.  The provision requires police officers to check the immigration status of all people stopped, detained, or arrested presumed there is “reasonable suspicion” to believe that the person is an undocumented immigrant. Reasonable suspicion can include objective factors but it also includes subjective factors, the person is nervous, doesn’t look the officer in the eyes. Despite people claiming the Supreme Court decision was a victory for immigration advocates, it wasn’t at all.

Attorney Cathy Albisa:

  • My reaction is that we’re not having the right conversation.
  • There was an involved technical decision regarding the federal government and the state government.
  • The one thing that was lost except for a couple of lines, was the people at the heart of this problem.
  • The people who’ve been displaced from their home countries through the global economy, and stripped of legal person hood, and now living in a constant state of fear.  It’s a reflection of what a degraded state of politics we’re in.
  • That if you pass a law that shocks the conscience, the fact that you got rid of some of it or most of it becomes a victory.
  • The claims of victory are in themselves very troubling signs.
  • Our expectations have become so low, that we consider it a step forward.
  • At the heart of the law is an intent, to treat this group of people differently from other groups of people in the state of Arizona.
  • What does that kind of racism do, what does that kind of living under constant threat do to a community, to a person and to a set of human rights, that we all should be defending?
  • Immigration has always been a divide and conquer from the xenophobic side of the isle.
  • If we assessed it that we live in a global economy, that rights cross borders. If people and capital can cross borders, protection can cross borders.
  • Why are they here?  If you look at the reason they cross borders, it’s economic.
  • They’re displaced for economic reasons. We don’t look at the grinding poverty that displaces people as a rights question.
  • The ones that want to hold are organizing and demanding their rights.
  • www.nesri.org
  • There are sheriffs across the country that object to these policies and refuse to implement these policies who say this does not keep our community safe.
  • They (ICE) can literally create a life of ongoing terror for people, because they know they can be deported at any time.

Guest – Attorney Cathy Albisa, constitutional and human rights lawyer with a background on the right to health. Ms. Albisa also has significant experience working in partnership with community organizers in the use of human rights standards to strengthen advocacy in the United States. She co-founded NESRI along with Sharda Sekaran and Liz Sullivan in order to build legitimacy for human rights in general, and economic and social rights in particular, in the United States. She is committed to a community-centered and participatory human rights approach that is locally anchored, but universal and global in its vision. Ms. Albisa clerked for the Honorable Mitchell Cohen in the District of New Jersey. She received a BA from the University of Miami and is a graduate of Columbia Law School
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RFID: Microchips and US Soldiers / Search Engine Privacy

Today we get an update on the extent to which RFID technology is intruding in our daily lives. As many listeners may know, RFID stands for Radio Frequency Identification. In past shows we’ve discussed how big companies are embedding, or plan to embed, the so-called “Spychip” into clothes, credit cards, shoes and even into human flesh, all in the name of convenience, safety and commerce.  The breach of civil liberties from spychip implantation is wide-reaching. Now, however, plans to develop implantable microchips for use in U.S. soldiers has taken a step forward. The U.S. military’s Defense Advanced Research Projects Agency, or DARPA, has confirmed plans to create nano-sensors to monitor the health of soldiers on battlefields.

Dr. Katherine Albrecht:

  • What I discovered in 2003, some of the largest corporations, 500 of them had gotten together to come up with a plan to replace the barcode with tiny microchips hooked with tiny antennas.
  • Now this initially was the brainchild of Proctor and Gamble to take the universal product code or the bar code and turn it into the EBC, the Electronic Bar Code. Their concept is that we would create, or the manufacturers and retailers of the world would create an internet of things.
  • I was once going off to give a speech on RFID and I stopped and made an inventory of all the things I was wearing and carrying in their vision of the future, that would have an RFID tag. It was my shoes, the underwear, my stockings, my skirt, my purse, my briefcase, my notebook.
  • Proctor and Gamble came up with an idea we detailed in our book to equip your refrigerator to the coming smart grid with RFID readers. They describe that – we would know when the consumer drank the last Pepsi and as if by magic ads on their TV would appear for Coke. The idea is that they would monitor what you’re eating.
  • Monitor what you would run out of. There definitely are patents and plans, some of them creepier than others.
  • I actually worked closely with the Associated Press to release the information that the microchip the implantable Verichip, you can take this microchip antenna and encapsulate in glass, and inject it into people.
  • It’s the identical technology they put in to dogs and cats nowadays.
  • There is a company that keeps changing its name – Verichip / Applied Digital Solutions / Digital Angel /
  • They are trying to market this product for use in human beings. We did a 6 month investigation that revealed that these implantable microchips were causing cancer.
  • We’ve got communities all around the country that have been mandated the use of microchips in dogs. There have been a number of dogs that have died from the microchip causing a cancerous tumor.
  • ChipMeNot.com
  • Privacy is not an ends. It’s a means. Privacy is a way of you maintaining control over your own information.
  • Don’t put anything on facebook that you wouldn’t want put up on a billboard in Times Square.
  • Where I get concerned is places where your privacy is invaded, that you don’t know what’s happening and you don’t have control over it.
  • That’s not facebook, that’s getting in to Google.
  • When you log on to Google, you think you’re logging on to a search engine that’s a helpful tool that’s going answer a question that you have.
  • Google doesn’t view the google.com search box as a helpful tool for you.
  • They’re not your Mom, they’re not your Dad, Google is a company that is in business to make money.
  • The reality is if they came at us with guns and tanks, and laws and regulations forcing us to do that, we’d all say heck no,
  • When Google gives us a little window that we type in what’s in our minds, we voluntarily do it and we thank them for it.
  • Google is a multi-billion dollar corporation. When is the last time a multi-billion dollar corporation gave you all of its products for free? The answer is never, because those aren’t products they’re bait. You are the product.
  • Every Gmail that you receive is read and copied and keywords are placed into the profile from both the sender and the recipient of every email.  You’re not doing anything wrong but you certainly don’t that information out there in a giant database.
  • If you’re using a Gmail account, if your client is using a Gmail account, and you don’t. If you are transmitting sensitive information I believe you’re not only in violation of attorney-client privileges but potentially even violation of the law.
  • In exchange for that (free email service) you are allowing them to copy everything that you send.
  • We recently ran across a (DARPA) proposal, a request for contractors to develop a system to inject micro-nano- chips into the bloodstream of soldiers that would allow them to remotely monitor the physiological processes of the soldier. Websites.

Guest –  Dr. Katherine Albrecht, who along with Liz McIntyre authored “Spychips: How Major Corporations and Government Plan to Track your Every Move with RFID. We talk about DARPA and microchips and we’ll also get a preview about Katherine Albrecht’s research into exposing how Google email is a threat to privacy between attorney / client correspondence. www.startpage.com

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Law and Disorder June 25, 2012

Updates:

  • Occupy Chicago Tribune Getting Sued Under World Property Intellectual Organization
  • Julian Assange Applies For Political Asylum – Twitter @justleft / @wlcentral

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Austerity and Coalition Government in Greece

Last week we discussed the popularity of the Syriza Party, Greece’s skyrocketed unemployment and the huge military contracts Greece is locked into with France and Germany.  In part two of our interview with Greek-American National Lawyers Guild attorney Eric Poulos we discuss the assembling of the coalition government in Greece and the economic implication.

Attorney Eric Poulos:

  • New Democracy and Syriza’s the left wing coalition opposed to the bailout got the most votes. New Democracy got about 2 percent more which is the conservative center right party.
  • Syriza got 27 percent. The Social Democrats did terribly and got only 14 percent.
  • The fascist party the Golden Dawn unfortunately kept the same percentage. The one part that lost a lot of votes was the Communist Party.
  • Almost 40 percent of the voters did not vote. I think people are just worn out.
  • Everybody across the board has taken a 15 percent reduction in pay.
  • New Democracy Party will be appointed Prime Minister.
  • Fifty percent of the cops voted for the fascist party – Golden Dawn
  • Greece is a country that was occupied by Hitler and caused untold loss and devastation.
  • This coalition that ran Syriza is a coalition which is 12 or 13 different groups.
  • The election is incredible in that it changed nothing, it changed everything, because the same parties will be ruling.
  • The people of Greece continue to suffer, it doesn’t create one job. It doesn’t help to pay for one prescription.
  • It’s not just Greece, it’s Spain, Italy, Portugal, Ireland too.
  • I think the only hope is that they can hook up with other countries with united action to fight against the European Union policies.
  • There has to be an upsurge in the fight against the fascists in Greece.

Guest – Attorney Eric Poulos, writer and National Lawyers Guild member.

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Reverend Billy and the Spectra Pipeline Protest Event

The plans to bring a 30 inch gas pipeline through the West Village of Manhattan is on the fast track with the support of Mayor Bloomberg.  Spectra Pipeline is the company that will deliver the high pressure natural gas hydrofracked from the Marcellus Shale deposits. A heavily protested and contentious process itself. According to an expert radioactive waste this natural gas can contain radon 70 times above normal. Radon is a tasteless odorless gas created naturally during radioactive decay of uranium, thorium and radium. The EPA reports radon causes 21 thousand deaths from lung cancer each year. NO PIPELINE AT THE HIGHLINE – JULY 1, 2012 worship service and political rally

Reverend Billy:

  • Our basic mission statement . . .stop shopping children. Our basic mission statement has remain the same over 10 years now.  The project of Guiliani and Bloomberg to turn our great city into a suburb.
  • It was WBAI project, Cornell West, Chris Hedges, we sang and were the house choir. The jury of those great peers found Goldman Sachs guilty of robbing from us and charged them with 87 billion dollars I believe.
  • We sat down and lock arms in the old civil rights position. A nice circle of locked arms.
  • Out of the 15 that got arrested, I was about the 8th to leave the fold. I think that eight of them will be the Blankfein 8.  It’s a lifestyle change, if you’re really gonna go all the way with these . . . we weren’t blocking anybody. . it was symbolic.
  • Those ziplock handcuffs they have, they yank on them. In the precinct house an hour later your hand is purple and I had a numb thumb for six months.
  • Sometimes shopping is a chain store that buys sweat shop goods, and sometimes its our consumption of power. How do we heat? How do we use electricity?
  • That of course is decisive in terms of climate change, which has increasingly become everybody’s politics.
  • We’ve kept fracking out of upstate New York to some degree, but Cuomo is going to let it in to some degree.
  •  They want to come from the Far Rockaways with a pipe called the Constitution and they’re coming under the Hudson River and appearing into the Meat Packing district.
  • It’s mysterious Cheney was able to keep the report of what those chemicals are from the American people.
  • We have a 700 seat house there and we’re going to take the audience over two blocks to where the pipeline is to surface.
  • I don’t think the consumer society makes prosperity.
  • A lot of the communities in our country where people are watching television all day, eating sugar and fat and unable to operate, where the kids go into the pipeline of jail. . .needs the energetic compassion of change.
  • We’re becoming our own third world here, we need to pay attention to our communities. Get those Wall Street companies out of our communities and ask ourselves what do we have that makes value here?  Right under foot, right in my neighborhood.
  • It begins with living on less money, but begins with finding value in what we do with our lives.
  • You go up the counties where Cuomo is exploding their aquifers, this just makes it worse.
  • Some people are going to get a 100 thousand dollar check. It reminds me of the wrong person winning the lottery.
  • NO PIPELINE AT THE HIGHLINE – JULY 1, 2012 worship service and political rally

Guest – Reverend Billy, (Bill Talen) A student of the writers Charles Gaines and Kurt Vonnegut, Talen has staged experimental plays, published essays and poems in Philadelphia, New York and California. At Life On the Water, a theater in San Francisco’s Fort Mason Theater, Talen presented artists such as Spalding Gray, Mabou Mines, David Cale, B. D. Wong, Holly Hughes, William Yellow Robe, the Red Eye Collective, Reno, John Trudeau, and Danny Glover reciting the works of Langston Hughes.  This experience in producing led him to the confessional monologue.  After studying with the cleric Reverend Sidney Lanier, Talen invented “a new kind of American preacher.”  Lanier, the cousin of Tennessee Williams and subject of the work Night of the Iguana, was familiar with the re-staging of biblical narratives

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