Constitutional Rights of Americans on the No-Fly List

08/29/2013 By Nusrat Choudhury, Staff Attorney, ACLU National Security Project at 2:31pm

Victory! Federal Court Recognizes Constitutional Rights of Americans on the No-Fly List

A federal court took a critically important step late yesterday towards placing a check on the government's secretive No-Fly List. In a 38-page ruling in Latif v. Holder, the ACLU's challenge to the No-Fly List, U.S. District Court Judge Anna Brown recognized that the Constitution applies when the government bans Americans from the skies. She also asked for more information about the current process for getting off the list, to inform her decision on whether that procedure violates the Fifth Amendment guarantee of due process.
We represent 13 Americans, including four military veterans, who are blacklisted from flying. At oral argument in June on motions for partial summary judgment, we asked the court to find that the government violated our clients' Fifth Amendment right to due process by barring them from flying over U.S. airspace – and smearing them as suspected terrorists – without giving them any after-the-fact explanation or a hearing at which to clear their names.
The court's opinion recognizes – for the first time – that inclusion on the No-Fly List is a draconian sanction that severely impacts peoples' constitutionally-protected liberties. It rejected the government's argument that No-Fly list placement was merely a restriction on the most "convenient" means of international travel.

"Such an argument ignores the numerous reasons an individual may have for wanting or needing to travel overseas quickly such as for the birth of a child, the death of a loved one, a business opportunity, or a religious obligation." ....read more: https://www.aclu.org/blog/national-security-technology-and-liberty-racial-justice/victory-federal-court-recognizes

 

How's noise concerns from barking dogs /etc. in Ecuador?

How's noise concerns from barking dogs /etc. in Ecuador?

This question was asked today on one of the many EC forums & groups, and I got carried away with a reply.

And it dawned on me, as long as I did'nt use the posters name that asked the question, maybe I could copy & paste my own content and share it here on my blog, so here goes:

Jour-Ja: I was Quito, in the La Mariscal - GringoLandia district for 6 months, rather loud WED thru SAT, they try to close the clubs at 2am FRI & SAT but it takes an hr or 2 to disband the partyers.

I was 2 yrs at AV America & Moñasca near Cinemark Mall in an average EC working mans neighborhood on a dead end street, was'nt that bad on noise.

..and for the last 2.5 yrs in Northern Suburbs between Pomasqui & San Antonio - Middle of the World w/ intermittent dogs barking - roosters crowing -

- my gas trucks on this route run mid day M-F but I got one wild card that likes to sneak in at about 7am on SAT's sometimes, and the junk man - metal recycling guy w/ mega PA system: "compre metales"!!! None of that really bothers me much now after 5yrs of acclimation / adjustment - 17 SEP 2008 (pic below of little girl & her Mom on top of the scrap truck)

(It never bothered me much anyways, it's just the way it is, for now, if you get out and rip n roar good during the day, you will sleep at night, but change is coming on the horizon, lil by lil)

..but, we all in EC may very well miss the truck honking of a $2.75 per 32.84 Lbs = 14.9 kgs, if the EC Govt. indeed mandates total electric after the 8 or so power dams come online 2015 -16?

I will tell yah one fellar that don't hear nothing at night - thats the gas man, can you imagine the stress of driving around any town in EC in traffic & Ecua driving habits w/ enough explosives to level a city block, and lugging them tanks around from sun up to sun down, thats one wore out dude - sawing logs blissfully at Knight!

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I do a lot of reblogging that is sometimes missed or not thought well of on a lot of the various EC forums & blogs and repost it here. But will make a conscious effort to try to do more of my own original content. 

Thanks for dropping by for a visit, 

Come See Us in EC!

Nearly 20 % Of Scientists Contemplate Moving Overseas Due In Part To Sequestration

Nearly 20 Percent Of Scientists Contemplate Moving Overseas Due In Part To Sequestration

HuffPolitics Blog - Posted: 08/29/2013 7:30 am EDT  |  Updated: 08/29/2013 2:52 pm EDT

WASHINGTON -- New data compiled by a coalition of top scientific and medical research groups show that a large majority of scientists are receiving less federal help than they were three years ago, despite spending far more time writing grants in search of it. Nearly one-fifth of scientists are considering going overseas to continue their research because of the poor funding climate in America.
The study, which was spearheaded by the American Society for Biochemistry and Molecular Biology (ASBMB) and will be formally released next week, is the latest to highlight the extent to which years of stagnant or declining budgets, made worse by sequestration, have damaged the world of science.
More than 3,700 scientists from all 50 states participated in the study, offering online responses in June and July 2013. They offered sobering assessments of the state of their profession. Eighty percent said they were spending more of their time writing grants now than in 2010, while 67 percent said they were receiving less grant money now than they were back then. Only two percent of respondents said they had received money from their employers -- predominantly academic institutions -- to make up for the loss of federal funds.
The drying up of resources has had a damaging effect on the research being conducted, forcing scientists to curtail their projects or trim their staffs.
According to the survey, 68 percent of respondents said they do not have the funds to expand their research operations; 55 percent said they have a colleague who has lost a job or expects to soon; and 18 percent of respondents said they were considering continuing their careers in another country....read more: http://www.huffingtonpost.com/2013/08/29/sequestration-scientists_n_3825128.html
Comments by Jour-Ja: they could be moving because they are about half smart?

GT: More drugs require prescriptions / Colombian border remains closed

More drugs require prescriptions-
In an effort to control future flu outbreaks, the Ecuador health ministry has mandated that more than 250 medications currently available over the counter, be prescribed only by doctors.
The medications include a variety of cold remedies, analgesics and anti-inflammatory drugs. According to the ministry, the goal of the order is to prevent outbreaks of H1N1 influenza. The medications named in the order mask flu sypmptons, it says, by providing reflief of symptons and could delay a flu diagnosis.
The Independent Pharmacy Federation says that the order puts an unnecessary burden on the country’s pharmacies and says that millions of dollars of medications are stuck in warehouses.
Pharmacies were notified two months ago about the pending rule and most have voluntarily complied. Carlos Reyes , president of the federation says that sales are down significantly in pharmacies nation-wide.
In addition to controlling flu outbreaks, the health ministry says that it is also concerned about self-medication in general, saying that many citizens rely too heavily on over-the-counter medications and should be visiting doctors first.

Talks begin but Colombian border remains closed-
The Colombian government has offered concessions to small-scale farmers on strike for more than a week. Talks with some of the protesters are underway in several areas of the country but little progress has been reported.
Meanwhile, the country's borders with Ecuador and Venezuela remain effectively closed.
Farmers say the government's agricultural and trade policies are driving them into bankruptcy.

Finance Minister Mauricio Cardenas said that new government measures, including better prices for products and more access to loans should ease pressures. Other framer demands, such as ending the free trade agreement with the U.S. and other countries are not on the table, according to Cardenas, although he said the government would offer more protection for products affected by the agreements.

Cardenas said he is hopeful that an agreement to end the strike can be reached soon. "We believe that the conditions exist for the strike to be lifted and for the highways to be unblocked," said Cardenas.

Some of protests have turned violent as food deliveries has been disrupted due to road blocks on key access routes to cities and towns.

Farmers have been destroying their produce and throwing it into the streets.
 One hundred Cuenca taxi cabs will be among the first in Ecuador to be equipped with new safey equipment. According to the National Traffic Agency (NTA), the equipment consists of a video camera, voice recorder, gps system, emergency button and a small computer.

Installation of the new equipment will begin next week.

The NTA says the equipment will eventually be installed in 38,000 taxis and 17,000 buses nationwide at a cost of $95 million, which will initially be paid by the government. Cuenca has 3,600 taxis, almost 10% of country's total.

The security systems, actívated when the taxi or bus engine is turned on, has a direct connection to the ECU-911 emergency system. If the driver hits the emergency button, an alert is sounded and police will be called. The video cameras and voice recorders will provide information that can be used in court in case of an assualt.

Beginning in 2015, the NTA will charge a monthly fee of $3 per taxi or bus to maintain the system. Photo caption: Taxis outside the Cuenca bus station; photo credit: El Tiempo

...read more: http://www.cuencahighlife.com/post/2013/08/28/ECUADOR-DIGEST3cbr3eCountrye28099s-taxis-and-buses-to-get-security-equipment3b-Government-bans-250-over-the-counter-medications3b-Strike-continues-in-Colombia.aspx
Comment by Journeymanjack: The above 1990 Nissan Sentra is the typical Taxi & Private Car of EC..as back in the States Taxis & LEO prefer the roomy Ford Crown Victoria. The nissan sentras are assembled in Colombia and cost about $14,000. The body style has stayed the same since 1990, even a 2013 looks like the one in the above photo. 
 

Privacy Gone on Offshore Assets - James Hall – August 28, 2013

Privacy Gone on Offshore Assets by James Hall – August 28, 2013

When struggling consumers hear about offshore banking, they naturally think such assets only apply to the rich. Secret bank accounts issued in the name of a confidential number, often portrayed in mystery movies, are less prevalent than a stake in an oversea property estate. Cash in a financial institution is an easy reporting task for foreign banks.

 Although, most Americans do not possess such wealth, many do have an interest in real property or chattel ownership in portable entities that are outside the physical soil of the country. Even if you are not one of these fortunate beneficiaries, the principle behind the (FATCA) statue can certainly apply a broad interpretation domestically....

•FATCA focuses on reporting:

•By U.S. taxpayers about certain foreign financial accounts and offshore assets
•By foreign financial institutions about financial accounts held by U.S. taxpayers or foreign entities in which U.S. taxpayers hold a substantial ownership interest

•The objective of FATCA is the reporting of foreign financial assets; withholding is the cost of not reporting. Notice 2013-43 revises the implementation timeline and provides additional guidance

Clarification for individual’s states:
Taxpayers with a total value of specified foreign financial assets below a certain threshold do not have to file Form 8938

If the total value is at or below $50,000 at the end of the tax year, there is no reporting requirement for the year, unless the total value was more than $75,000 at any time during the tax year....

Make no mistake about the implications of tracking down the last penny of treasure. The Caribbean buccaneers stole pieces of eight from the colonial empires who promoted the slave trade. Today the practice of trading on the flesh of labor is substituted with the taxation on the "financial assets" of the incarnated serfs that need to pay tribute to their feudal lord.

"The IRS anticipates issuing regulations that will require a domestic entity (corporations, partnerships, trusts, or estates) to file Form 8938 if the entity is formed or used to hold specified foreign financial assets and the total asset value exceeds the appropriate reporting threshold."...

....If FATCA is merely a legitimate cooperative coordination, many people would eagerly support closing the door on the wealth sheltering hidden assets in foreign depositories. However, the encompassing scope of defining financial assets to be whatever serves the interests of the taxman, should disturb every citizen.

Recollect how different our lives are today from a century ago before the Revenue Act of 1913. The past century has assaulted privacy rights to the point that the average person simply accepts that the government is acting properly. When filling out Form 8938 becomes routine, the surrender of what is left of your meager fortune is sealed. The greed of the real pirates never ends. James Hall – August 28, 2013 http://www.batr.org/negotium/082813.html

Ecuador: parents return to U.S., son still missing, believed to have been kidnapped

via Nicholas Crowder: http://latinamericacurrentevents.com/ecuador-parents-return-to-u-s-son-still-missing-believed-to-have-been-kidnapped/29361/

Posted on August 28, 2013 • Filed under: Crime, Ecuador, TRAVEL

newsok.com reported that August Reiger went missing June 16 while hiking with his family in Ecuador. His parents have returned home to Oklahoma City without knowing what has happened to him. Chris and Randa Reiger came home from Ecuador without their son, August.

August Reiger PROVIDED

More than two months after the 18-year-old valedictorian went missing while on vacation, his parents made the agonizing decision to return to Oklahoma City without knowing their son’s fate, said Christi Reiger, August’s aunt. “I’m sure it’s the hardest thing they’ve ever had to do in their lives,” Christi Reiger said. “It’s hard to imagine leaving your child somewhere not knowing if they are safe.” Read Article: http://newsok.com/missing-oklahoma-city-valedictorians-parents-return-from-ecuador-without-their-son/article/3876613

Security Message for U.S. Citizens – U.S. Embassy Quito-Potential Protests in Quito- August 27, 2013

Security Message for U.S. Citizens – U.S. Embassy Quito-Potential Protests in Quito- August 27, 2013

The U.S. Embassy in Quito advises U.S. citizens visiting or living in Ecuador that protests may occur in Quito or other locales on August 27.  Some news sources have reported that indigenous groups in Ecuador are calling for protests on August 27.

 Though there are varying accounts regarding the time, location and magnitude of the protest, a number of reports cite Quito’s Arbolito Park and the Presidential Palace as potential zones for protest activity, and a march between the two locations is possible.
 While there are no specific threats to safety and security, public protests always carry a risk for conflict.  The U.S. Embassy advises U.S. citizens to exercise caution and to avoid large gatherings or demonstrations.

Americans living or traveling in Ecuador are encouraged to enroll with the nearest U.S. Embassy or Consulate in order to obtain updated information on travel and security within Ecuador through the Department of State’s Smart Traveler Enrollment Program.
U.S. citizens should consult the Country Specific Information for Ecuador and the latest Travel Alerts and Warnings and Worldwide Caution at the Department's website. Updated information on travel and security in Ecuador may also be obtained from the Department of State by calling 1-888-407-4747 within the United States or by calling 1-202-501-4444 outside the United States.

The U.S. Embassy in Quito is located at Avigiras E12-170 y Eloy Alfaro. The telephone number for American Citizen Service (ACS) inquiries is (011 593-2) 398-5000.   Within the same city use the last seven digits. Add the city code for inter-city telephone calls.        

      Public call-in hours are Monday through Thursday 8:00 to 10:00 a.m. and Friday 10:00 to 11:00 a.m.
·          For after-hours emergencies, contact the Embassy at (011 593-2) 398-5200.       

      Appointments for ACS are available through our website.

The U.S. Consulate General in Guayaquil is located at the corner of Avenida 9 de Octubre and Garcia Moreno (near the Hotel Oro Verde). The telephone number for ACS inquiries is (011-593-4) 232-3570 during business hours, 7:30 a.m. to 4:30 p.m., or 232-1152 for after-hours emergencies.

You may also follow the activities of the U.S. Embassy in Ecuador through the Embassy website, Facebook, Twitter and YouTube. http://ecuador.usembassy.gov/