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US Marines change hat style in response to manufacturer’s closure

Saturday, October 26, 2013

Following incorrect statements by media organizations that include Fox News and the New York Post earlier in the week that the US Marine Corps were changing their hats in order to make them more gender neutral, the Corps issued a statement yesterday countering the claim, saying they are only changing the dress hat for women. In a statement on their website, they said this change is only “for female Marines because the current manufacturer is going out of business”.

Commandant of the Marine Corps General James F. Amos is quoted in the Corps statement as saying, “the President in no way, shape or form directed the Marine Corps to change our uniform cover.” The quote follows media claims the US President directed the Marine Corps to make a change to a more “girly” dress hat.

The women’s hats were made by a different manufacturer than the men’s hat. At the same time, the US Department of Defense also asked the Corps to develop a more unisex option for both dress and service hats. In preparation for a quarterly meeting of the Marine Corps Uniform Board scheduled for next week, a survey was sent out asking for feedback on whether women’s hats should be made to more closely model the current men’s dress hat or if all Marines should switch to the Dan Daly cap.

Other changes in the US military uniforms are scheduled to take place by the end of the year. In the Navy, flame-resistant variant coveralls are scheduled to be introduced in December of this year. Admiral Bill Gortney, the head of Fleet Forces Command, is quoted in the Marine Corps Times as saying. “Our sailors’ safety is our primary concern here […] If you’re on board a ship and a fire breaks out, you rush to that scene, you escape that scene or you’re assisting a shipmate in whatever you’re wearing. And so this fills in that particular need. You combine this with our existing flash hoods and gloves and you tuck your leg pants in […] it will provide the fire-resistant capability that we think is needed.”

Retrieved from “https://en.wikinews.org/w/index.php?title=US_Marines_change_hat_style_in_response_to_manufacturer%27s_closure&oldid=2177322”

HIV-positive man receives 35 years for spitting on Dallas police officer

Sunday, May 18, 2008

An HIV-positive man was sentenced to 35 years in prison Wednesday, one day after being convicted of harassment of a public servant for spitting into the eye and open mouth of a Dallas, Texas police officer in May 2006. The United States Centers for Disease Control and Prevention says that no one has ever contracted HIV from saliva, and a gay-rights and AIDS advocacy group called the sentence excessive.

A Dallas County jury concluded that Willie Campbell’s act of spitting on policeman Dan Waller in 2006 constituted the use of his saliva as a deadly weapon. The incident occurred while Campbell, 42, was resisting arrest while being taken into custody for public intoxication.

“He turns and spits. He hits me in the eye and mouth. Then he told me he has AIDS. I immediately began looking for something to flush my eyes with,” said Waller to The Dallas Morning News.

Officer Waller responded after a bystander reported seeing an unconscious male lying outside a building. Dallas County prosecutors stated that Campbell attempted to fight paramedics and kicked the police officer who arrested him for public intoxication.

It’s been 25 years since the virus was identified, but there are still lots of fears.

Prosecutors said that Campbell yelled that he was innocent during the trial, and claimed a police officer was lying. Campbell’s lawyer Russell Heinrichs said that because he had a history of convictions including similarly attacking two other police officers, biting inmates, and other offenses, he was indicted under a habitual offender statute. The statute increased his minimum sentence to 25 years in prison. Because the jury ruled that Campbell’s saliva was used as a deadly weapon, he will not be eligible for parole until completing at least half his sentence.

If you look at the facts of this case, it was clear that the defendant intended to cause serious bodily injury.

The organization Lambda Legal (Lambda Legal Defense and Education Fund), which advocates for individuals living with HIV, says that saliva should not be considered a deadly weapon. Bebe Anderson, the HIV projects director at Lambda Legal, spoke with The Dallas Morning News about the sentence. “It’s been 25 years since the virus was identified, but there are still lots of fears,” said Anderson.

The Dallas County prosecutor who handled the trial, Jenni Morse, said that the deadly weapon finding was justified. “No matter how minuscule, there is some risk. That means there is the possibility of causing serious bodily injury or death,” said Morse. Dallas County District Attorney Craig Watkins stated: “If you look at the facts of this case, it was clear that the defendant intended to cause serious bodily injury.”

Contact with saliva, tears, or sweat has never been shown to result in transmission of HIV.

A page at the CDC’s website, HIV and Its Transmission, states: “HIV has been found in saliva and tears in very low quantities from some AIDS patients.” The subsection “Saliva, Tears, and Sweat” concludes that: “Contact with saliva, tears, or sweat has never been shown to result in transmission of HIV.” On Friday the Dallas County Health Department released a statement explaining that HIV is most commonly spread through sexual contact, sharing needles, or transfusion from an infected blood product.

Retrieved from “https://en.wikinews.org/w/index.php?title=HIV-positive_man_receives_35_years_for_spitting_on_Dallas_police_officer&oldid=1982884”

Listening to you at last: EU plans to tap cell phones

Monday, October 19, 2009

A report accidentally published on the Internet provides insight into a secretive European Union surveillance project designed to monitor its citizens, as reported by Wikileaks earlier this month. Project INDECT aims to mine data from television, internet traffic, cellphone conversations, p2p file sharing and a range of other sources for crime prevention and threat prediction. The €14.68 million project began in January, 2009, and is scheduled to continue for five years under its current mandate.

INDECT produced the accidentally published report as part of their “Extraction of Information for Crime Prevention by Combining Web Derived Knowledge and Unstructured Data” project, but do not enumerate all potential applications of the search and surveillance technology. Police are discussed as a prime example of users, with Polish and British forces detailed as active project participants. INDECT is funded under the European Commission’s Seventh Framework Programme (FP7), and includes participation from Austria, Bulgaria, Czech Republic, France, Germany, Hungary, Poland, Slovakia, Spain, and the United Kingdom.

Indicated in the initial trial’s report, the scope of data collected is particularly broad; days of television news, radio, newspapers, and recorded telephone conversations are included. Several weeks of content from online sources were agglomerated, including mining Wikipedia for users’ and article subjects’ relations with others, organisations, and in-project movements.

Watermarking of published digital works such as film, audio, or other documents is discussed in the Project INDECT remit; its purpose is to integrate and track this information, its movement within the system and across the Internet. An unreleased promotional video for INDECT located on YouTube is shown to the right. The simplified example of the system in operation shows a file of documents with a visible INDECT-titled cover taken from an office and exchanged in a car park. How the police are alerted to the document theft is unclear in the video; as a “threat”, it would be the INDECT system’s job to predict it.

Throughout the video use of CCTV equipment, facial recognition, number plate reading, and aerial surveillance give friend-or-foe information with an overlaid map to authorities. The police proactively use this information to coordinate locating, pursuing, and capturing the document recipient. The file of documents is retrieved, and the recipient roughly detained.

Technology research performed as part of Project INDECT has clear use in countering industrial and international espionage, although the potential use in maintaining any security and predicting leaks is much broader. Quoted in the UK’s Daily Telegraph, Liberty’s director, Shami Chakrabarti, described a possible future implementation of INDECT as a “sinister step” with “positively chilling” repercussions Europe-wide.

“It is inevitable that the project has a sensitive dimension due to the security focussed goals of the project,” Suresh Manandhar, leader of the University of York researchers involved in the “Work Package 4” INDECT component, responded to Wikinews. “However, it is important to bear in mind that the scientific methods are much more general and has wider applications. The project will most likely have lot of commercial potential. The project has an Ethics board to oversee the project activities. As a responsible scientists [sic] it is of utmost importance to us that we conform to ethical guidelines.”

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Although Wikinews attempted to contact Professor Helen Petrie of York University, the local member of Project INDECT’s Ethics board, no response was forthcoming. The professor’s area of expertise is universal access, and she has authored a variety of papers on web-accessibility for blind and disabled users. A full list of the Ethics board members is unavailable, making their suitability unassessable and distancing them from public accountability.

One potential application of Project INDECT would be implementation and enforcement of the U.K.’s “MoD Manual of Security“. The 2,389-page 2001 version passed to Wikileaks this month — commonly known as JSP-440, and marked “RESTRICTED” — goes into considerable detail on how, as a serious threat, investigative journalists should be monitored, and effectively thwarted; just the scenario the Project INDECT video could be portraying.

When approached by Wikinews about the implications of using INDECT, a representative of the U.K.’s Attorney General declined to comment on legal checks and balances such a system might require. Further U.K. enquiries were eventually referred to the Police Service of Northern Ireland, who have not yet responded.

Wikinews’ Brian McNeil contacted Eddan Katz, the International Affairs Director for the Electronic Frontier Foundation (E.F.F.). Katz last spoke to Wikinews in early 2008 on copyright, not long after taking his current position with the E.F.F. He was back in Brussels to speak to EU officials, Project INDECT was on his agenda too — having learned of it only two weeks earlier. Katz linked Project INDECT with a September report, NeoConopticon — The EU Security-Industrial Complex, authored by Ben Hayes for the Transnational Institute. The report raises serious questions about the heavy involvement of defence and IT companies in “security research”.

On the record, Katz answered a few questions for Wikinews.

((WN)) Is this illegal? Is this an invasion of privacy? Spying on citizens?

Eddan Katz When the European Parliament issued the September 5, 2001 report on the American ECHELON system they knew such an infrastructure is in violation of data protection law, undermines the values of privacy and is the first step towards a totalitarian surveillance information society.

((WN)) Who is making the decisions based on this information, about what?

E.K. What’s concerning to such a large extent is the fact that the projects seem to be agnostic to that question. These are the searching systems and those people that are working on it in these research labs do search technology anyway. […] but its inclusion in a database and its availability to law enforcement and its simultaneity of application that’s so concerning, […] because the people who built it aren’t thinking about those questions, and the social questions, and the political questions, and all this kind of stuff. [… It] seems like it’s intransparent, unaccountable.

The E.U. report Katz refers to was ratified just six days before the September 11 attacks that brought down the twin towers of the World Trade Center. In their analysis of the never-officially-recognised U.S. Echelon spy system it states, “[i]n principle, activities and measures undertaken for the purposes of state security or law enforcement do not fall within the scope of the EC Treaty.” On privacy and data-protection legislation enacted at E.U. level it comments, “[such does] not apply to ‘the processing of data/activities concerning public security, defence, state security (including the economic well-being of the state when the activities relate to state security matters) and the activities of the state in areas of criminal law'”.

Part of the remit in their analysis of Echelon was rumours of ‘commercial abuse’ of intelligence; “[i]f a Member State were to promote the use of an interception system, which was also used for industrial espionage, by allowing its own intelligence service to operate such a system or by giving foreign intelligence services access to its territory for this purpose, it would undoubtedly constitute a breach of EC law […] activities of this kind would be fundamentally at odds with the concept of a common market underpinning the EC Treaty, as it would amount to a distortion of competition”.

Ben Hayes’ NeoConoptiocon report, in a concluding section, “Following the money“, states, “[w]hat is happening in practice is that multinational corporations are using the ESRP [European Seventh Research Programme] to promote their own profit-driven agendas, while the EU is using the programme to further its own security and defence policy objectives. As suggested from the outset of this report, the kind of security described above represents a marriage of unchecked police powers and unbridled capitalism, at the expense of the democratic system.”

Retrieved from “https://en.wikinews.org/w/index.php?title=Listening_to_you_at_last:_EU_plans_to_tap_cell_phones&oldid=2611950”

Why Outsourcing Security Guard Services Is A Very Good Idea

By Ed Stevens

More and more businesses are outsourcing private companies to help them with their security guard needs.

There are lots of reasons that many of the top companies outsource their security guard services. This article will provide you with some of the most important benefits that come with outsourcing security guard services.

Benefit #1 – Transfers Risk

When you outsource security guard services, you’re transferring some of the liability risk to the security guard company.

A licensed security guard company should have the expertise and experience to avoid potential risks. They are also insured to cover all sorts of problematic scenarios. Is your company properly insured to handle potential risks?

It’s a safer option to outsource your security guard services rather than take it on all by yourself.

Benefit #2 – Get Great Service at a Reasonable Price

You get world-class security at the faction of a price it would cost you to do it yourself. That’s because you don’t have to worry about the startup costs.

[youtube]http://www.youtube.com/watch?v=dexb-sl795A[/youtube]

The private security guard company handles the start-up costs associated with hiring security guards as well as purchasing equipment and uniforms. That’s a big savings for your company.

Benefit #3 – Allows You to Focus on What You Do Best

When you outsource, you no longer have to worry about the hiring, training and other administrative tasks that come with security services.

Outsourcing allows you to focus on your company and what you do best. You shouldn’t be wasting your hours managing and worrying about security. Leave it to the professionals, so you can have more time to focus on your business.

You’ll sleep a lot better at night knowing that professionals are protecting your business.

Benefit #4 – Increases Financial Flexibility

Outsourcing security guard services helps to increase your financial flexibility.

You no longer have significant portions of your budget tied to something that is not a main priority of your business. This allows you to invest more into what’s most important for your business.

Benefit #5 – Improve Human Resources Workflow

Your human resources department won’t have to take on the additional responsibilities that come with more employees. You’ll keep your HR department in great shape.

You won’t have to take on additional human resource employees to handle the extra responsibilities and paperwork that come with more employees.

Benefit #6 – Increased Productivity

You’ll see productivity improvements across the board. That’s because you’re no longer committing serious amounts of money and resources to security.

By letting the outsourced company focus on the security guards, you can focus more on the important issues that will help your business get ahead.

Benefit #7 – Starting Up is a Breeze

When you outsource security guard services, starting up is easy. Doing it own your own might take weeks or even months to get started.

Outsourcing eliminates the burdens associated with training and providing the necessary support for success. You won’t have as many upfront costs.

Summary

Outsourcing your security guard services allows your business to stay competitive and stay profitable in the 21st Century.

When searching for a security guard company, be sure to thoroughly review all of your options. Be sure to find a security guard company that is properly licensed and insured in your state.

About the Author: Edward Stevens is a security expert and former security advisor to governmental agencies. He’s the CEO at National Security Service, a nationwide security guard and patrol company that provides

private security

and other

security services

. Connect with Edward via his website at www.GuardsToGo.com.

Source:

isnare.com

Permanent Link:

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Wikinews Shorts: March 28, 2007

A compilation of brief news reports for Wednesday, March 28, 2007.

The United States will reportedly seek a jail sentence of less than 20 years for Australian David Hicks. He pleaded guilty to providing material support for terrorism, but not an act of terrorism. Hicks may be sentenced by the end of the week. He could be returned to Australia to serve out his sentence, with credit for the years at Guantanamo Bay.

Related news

  • “Guantanamo detainee David Hicks pleads guilty to providing “material support”” — Wikinews, March 27, 2007
  • “US charges Australian David Hicks” — Wikinews, March 26, 2007

Sources

  • Gemma Daley. “U.S. to Seek Hicks Jail Term of Less Than 20 Years” — Bloomberg L.P., March 28, 2007
  • “Australian’s Gitmo confession likely to get him home” — CNN, March 28, 2007

US stocks fell on Tuesday starting another round of global selling, as worries about the US housing market and weaker consumer confidence. Lennar Corp., one of the largest US home builders reported that profits fell 73%. Wednesday, Asia markets opened steady to higher, but fell as rising oil prices and the geopolitcal standoff between Britain and Iran made investors seek the safety of government bonds. European and North American markets are trading lower in the Wednesday trading session.

Sources

  • Madlen Read, AP. “Wall Street slides on economy worries” — Yahoo! News, March 28, 2007
  • Chen Shiyin and Makiko Suzuki. “Asian Stocks Fall on U.S. Economy Concern; Toyota, Samsung Drop” — Bloomberg L.P., March 28, 2007
  • “European stocks — Factors to watch on March 28” — Reuters, March 28, 2007
  • Chris Burns. “Markets lower on Iran, US data” — Reuters, March 28, 2007

In an apparent reprisal for bombings in Shi’ite areas, gunmen went on a rampage in a Sunni in Tal Afar, Iraq, killing about 50 people. There have been reports that the gunmen included police.

Sources

  • “Gunmen kill 50 in Iraqi town” — Reuters, March 28, 2007
  • “Gunmen kill dozens in Iraqi town” — BBC News Online, March 28, 2007

The United Kingdom has made public GPS data that it says proves that the 15 navy personnel were well inside Iraqi waters when they were seized by Iran. Foreign Minister Manouchehr Mottaki said the dispute would be solved “based on rules and regulations” and that the female sailor would be released soon.

Related news

  • “UK prepared to go ‘into different phase’ if sailors and marines not released by Iran within days” — Wikinews, March 27, 2007
  • “British sailors detained by Iran “to be tried for espionage”” — Wikinews, March 25, 2007
  • “15 Royal Navy sailors captured at gunpoint by Iranian guards” — Wikinews, March 23, 2007

Sources

  • “UK reveals Iran dispute evidence” — BBC News Online, March 28, 2007
  • Peter Graff and Sophie Walker. “Britain turns up heat on Iran, woman to be freed” — Reuters, March 28, 2007

Surviving members of the 332d Air Expeditionary Group and 99th Pursuit Squadron, widely known as the Tuskegee Airmen, will be honored on Thursday by President Bush at a ceremony at the US Capitol. They will receive the Congressional Gold Medal for fighting both the Nazis abroad and racial segregation at home.

Sources

  • Matthew Bigg. “Black airmen honored for fighting Nazis, racism” — Reuters, March 28, 2007
  • Annie Bergman, AP. “Tuskegee Airmen Being Honored” — ABC News, March 28, 2007
Retrieved from “https://en.wikinews.org/w/index.php?title=Wikinews_Shorts:_March_28,_2007&oldid=1985238”

Wikinews interviews John Taylor Bowles, National Socialist Order of America candidate for US President

Tuesday, February 19, 2008

While nearly all cover of the 2008 Presidential election has focused on the Democratic and Republican candidates, the race for the White House also includes independents and third party candidates. These parties represent a variety of views that may not be acknowledged by the major party platforms.

As a non-partisan news source, Wikinews has impartially reached out to these candidates, throughout the campaign. The most recent of our interviews is Laurens, South Carolina‘s John Taylor Bowles. Mr. Bowles is running with the endorsement of the National Socialist Order of America, a Minnesota-based Neo-Nazi party created after a recent rift in the National Socialist Movement.

Retrieved from “https://en.wikinews.org/w/index.php?title=Wikinews_interviews_John_Taylor_Bowles,_National_Socialist_Order_of_America_candidate_for_US_President&oldid=4498168”

5-year-old girl handcuffed by Florida police

Sunday, April 24, 2005

St. Petersburg, Florida police were taped on video handcuffing a five-year-old kindergarten student who had earlier torn papers off a bulletin board and punched an assistant principal. The camera happened to be filming on March 14 as part of a classroom self-improvement exercise at Fairmount Park Elementary. Video of the event has been released by a lawyer for the child’s mother.

The little girl had already calmed down from her tantrum by the time of arrival of the police, but they cuffed her anyway. Police had been called when a phone call to mother Inga Akins, had led teachers to believe that it would take an hour for Ms Akins to arrive and take the girl away.

The video reportedly shows three officers pin the passive girl’s arms behind her back and put on handcuffs, as she screams, “No!”

Attorney for the mother, John Trevena, called the incident “incomprehensible”. He provided the tape to the media this week, after obtaining it from police.

“The image itself will be seared into people’s minds when you have three police officers bending a child over a table and forcibly handcuffing her,” said Mr Trevena.

Police planned to investigate the incident and make public the findings in around two weeks.

Retrieved from “https://en.wikinews.org/w/index.php?title=5-year-old_girl_handcuffed_by_Florida_police&oldid=4579666”

How Long Will One Be Out Of Work After Having Lap Band Surgery?

By Adriana N

Many people who have weight loss surgery will do so to not only lose weight, but to improve their overall health and well being. One popular weight loss surgery is lap band surgery. They often will have the surgery to reduce such health conditions as sleep apnea, hypertension, type 2 diabetes, breathing problems, and heart conditions. Lap band surgery will help them lose the weight and keep it off.

When having lap band surgery, an inflatable gastric band is inserted into the stomach where a band is placed around the upper part of the stomach. A small stomach pouch and passageway is created which limited food intake and causes one to feel full. The result is a loss of weight. Adjustment of the band is done adding or removing saline into the pouch. The size of the band depends on one’s particular weight loss needs and their health requirements. Lap band surgery is a safe and non invasive weight loss surgery with a general recovery period.

After lap band surgery, most people return to work within 2-3 days. Your surgeon will determine when you can return to your regular daily activities, however, most people go back to their regular routines 7-10 days after surgery. Lap band surgery is the least invasive weight loss surgery. There is no stapling or cutting of the small bowel or stomach wall, and there is not any intestinal re-routing. As well, there are very small incisions and minimal scarring. Pain is minimal and the hospital stay is short. The surgery can easily be reversed at any time and the stomach will restore to its regular form.

[youtube]http://www.youtube.com/watch?v=2aYoWPdSSiI[/youtube]

There are also fewer risks associated with lap band surgery. For instance, adjustments are performed without further surgery, there is a decreased risk of muscle mass and hair loss, reduced risk of nutritional deficiencies, and there is no “dumping syndrome” associated with nutritional intake limitations.

After one has lap band surgery, they will only have to spend a couple of hours recovering in the hospital. When they are sent home, they will be given instructions on care and diet, including what they can eat, in what form, and how much they can eat at a time. They will also have a number of check ups with their physician.

Obesity is a serious health issue that affects both men and women all over the country. The health impact is huge with many diseases and conditions emerging such as lung illnesses, heart disease, circulatory problems, diabetes, and much more. When diet and diet pills, diet and exercise routines, and the many weight loss programs have not yielded any results, lap band surgery has proven to be an effective treatment for weight loss and alleviating a number of health conditions. The best part of the surgery is it is effective at achieving long term weight loss. It has become an effective weight loss treatment with more than 300,000 lap band devices being placed throughout the world. It is also the most popular weight loss surgery in the world. Before undergoing any type of surgery, including weight loss surgery, it is important to consult with your physician.

About the Author: CIBO Clinic offers safe and sustainable results for

lap band surgery

. The

Lap Band

reduces the amount of food your stomach can hold and allows you to feel fuller longer.

Source:

isnare.com

Permanent Link:

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Controversial development training cited in religious discrimination lawsuits

Friday, May 23, 2008

A controversial development training course called “Landmark Forum” is cited in religious discrimination lawsuits in United States federal courts in New York and Washington, D.C. The seminars are run by a San Francisco, California-based for-profit training company called Landmark Education. The company evolved from Erhard Seminars Training “est”, and has faced criticism regarding its techniques and its use of unpaid labor. The sperm bank and surrogacy company Los Angeles-based Growing Generations is named as a defendant in the New York lawsuit, and the Democratic political action committee Twenty-First Century Democrats is a defendant in the Washington, D.C. case.

In separate lawsuits filed in the United States District Court for the Southern District of New York in Manhattan, New York, and in the United States District Court for the District of Columbia in Washington, D.C., former employees are suing their employers for monetary damages and claiming religious discrimination after their employers allegedly mandated that they attend courses at Landmark Education.

In the US$3 million federal lawsuit filed in New York, Scott Glasgow is suing his former employer Growing Generations and its CEO Stuart Miller. Growing Generations maintains sperm banks and also arranges surrogacy for gay couples who wish to have children. The company has offices in New York and Los Angeles, and has done business with celebrities including actor B. D. Wong of Law & Order: SVU.

Glasgow was marketing director of Growing Generations, and claims he was fired in June 2007 after refusing to continue attending Landmark Education seminars. Glasgow is also suing for sexual harassment, and claims Miller came on to him in September 2006. He made approximately $100,000 per year as the company’s marketing director, and was the company’s only employee based out of New York City. The company’s main offices are in Los Angeles.

I want them to stop imposing Landmark on the employees, and I want an apology.

“I was shocked when I was fired. It took me months to right myself. I want them to stop imposing Landmark on the employees, and I want an apology,” said Glasgow in a statement in The Village Voice. Brent Pelton, one of Glasgow’s attorneys, stated that: “The Landmark philosophy is deeply ingrained in the culture of the company”. Glasgow said that the Landmark Education training courses were “opposite” to his Christian beliefs. According to Glasgow he was questioned by Miller in May 2007 after he walked out of a Landmark Education course, and was fired shortly thereafter. “We stand by the allegations contained in the complaint and we look forward to proving them at trial,” said Pelton in a statement to ABC News.

Ian Wallace, an attorney who represents Growing Generations, claimed that Glasgow wasn’t fired but walked away from his position. “Growing Generations and Mr. Miller are very confident that these claims will be dismissed ultimately, and there’s no factual basis for them whatsoever,” said Wallace in a statement to The Village Voice. Lawyers representing Growing Generations and Stuart Miller declined comment to The New York Post, and did not immediately return a message from ABC News.

In Glasgow’s complaint, entered into federal court record on April 18, he asserts that Landmark Education constitutes a “religion”, and “perceived their philosophy as a form of religion that contradicted his own personal beliefs”. He states that when he was promoted to Director of Marketing, he asked Miller if he could stop attending the Landmark sessions but was told that they were mandatory for all of the company’s executives and that Landmark is “very much the language of the company.” Glasgow said his performance at the company was assessed based on how he was “touching, moving and inspiring” others, a phrase from the Landmark philosophy, as opposed to his business accomplishments at the company. The complaint claims that the actions of Miller and Growing Generations violated Federal, New York State and New York City civil rights laws.

The lawsuit filed in federal court in Washington, D.C. deals with a separate plaintiff and company, but the plaintiff in the suit also claims that religious discrimination took place for allegedly being mandated to attend Landmark Education courses. Kenneth Goldman is suing the United States Democratic political action committee Twenty-First Century Democrats (also 21st Century Democrats) and its former executive director Kelly Young. Goldman was formerly the communications director of 21st Century Democrats.

According to Goldman’s complaint, three employees of 21st Century Democrats were fired after refusing to attend the Landmark Forum course. The complaint asserts that Landmark Education has “religious characteristics and theological implications” which influenced the mission of 21st Century Democrats and the way the organization conducted business. Goldman’s complaint states that in addition to himself, a training director and field director were also fired after they made it clear they would not attend the Landmark Forum.

Goldman says executive director Young infused Landmark Education jargon terms into staff meetings such as “create possibilities”, “create a new context”, and “enroll in possibilities”. He also claims that Young “urged” staff members to participate in Landmark Education events outside of the workplace, drove employees to and from Landmark functions, and used funds from 21st Century Democrats to pay for employees to attend those functions. Goldman’s complaint asserts that he was discriminated against in violation of the District of Columbia Human Rights Act.

While we are not a party to this lawsuit and have no firsthand knowledge of it, we can only assume that we are being used as a legal and political football to further the plaintiff”s own financial interests.

In a statement in The Washington Times, the executive director of 21st Century Democrats, Mark Lotwis, called the lawsuit “frivolous” and said: “we’re going to defend our organization’s integrity”. Landmark Education spokeswoman Deborah Beroset said that the Landmark Forum “is in no way religious in nature and any claim to the contrary is simply absurd,” and stated: “While we are not a party to this lawsuit and have no firsthand knowledge of it, we can only assume that we are being used as a legal and political football to further the plaintiff”s own financial interests.”

The New York lawsuit was filed April 14, and is still in early filing stages. A conference with the federal court judge in the case has been scheduled for June 17. The Washington, D.C. suit began in November 2007, and entered mediation this past March. As of April 15 the parties in the case were due back to court on July 11 to update the court on the mediation process.

Landmark Education is descended from Erhard Seminars Training, also called “est”, which was founded by Werner Erhard. est began in 1971, and Erhard’s company Werner Erhard and Associates repackaged the course as “The Forum” in 1985. Associates of Erhard bought the license to his “technology” and incorporated Landmark Education in California in 1991.

This is not the first time employees have sued claiming mandatory attendance at “Forum” workshops violated their civil rights. In a lawsuit filed in December 1988 in the United States District Court for the Northern District of Georgia, eight employees of DeKalb Farmers Market in Decatur, Georgia sued their employer claiming their religious freedom and civil rights were violated when they were allegedly coerced into attending “Forum” training sessions. “Many of these training programs, particularly at large corporations, claim to be purely psychological, aimed at improving productivity and morale and loyalty. But in fact they are religious,” said University of Denver religious studies professor Carl Raschke in a statement to The Wall Street Journal.

The DeKalb Farmers Market employees were represented by lawyers for the American Civil Liberties Union. Consulting Technologies Inc., an affiliate of Transformational Technologies Inc., was named as a party in the lawsuit. Transformational Technologies was founded by Werner Erhard, and was not named as a party in the suit. The “Forum” course that the employees claimed they were mandated to attend was developed by Werner Erhard and Associates. Employees said that they were fired or pressured to quit after they objected to the Forum courses.

The workers claimed that the Forum course contradicted with their religious beliefs. The plaintiffs in the suit included adherents of varying religious backgrounds, including Christianity and Hinduism. “The sessions put people into a hibernating state. They ask for total loyalty. It’s like brainwashing,” said Dong Shik Kim, one of the plaintiffs in the case. The plaintiffs said they lost their jobs after objecting to a “new age quasi-religious cult” which they said was developed by Werner Erhard.

The DeKalb Farmers Market denied the allegations, and an attorney for the company Edward D. Buckley III told The Wall Street Journal that employees were encouraged, not coerced, to attend the training sessions. According to The Wall Street Journal, The Forum said it would not sanction workers being coerced to attend its training sessions.

The parties in the DeKalb Farmers Market religious discrimination case came to a settlement in May 1989, and the case was dismissed with prejudice in June. The terms of the out-of-court settlement were not made public, but the employees’ attorney Amy Totenberg told The Wall Street Journal that the case “has made employers come to grips with the legitimate boundaries of employee training”.

According to Title VII of the Civil Rights Act of 1964, employers must “reasonably accommodate” their employees’ religious beliefs unless this creates “undue hardship”. In September 1988, the Equal Employment Opportunity Commission issued a policy-guidance notice which stated that New Age courses should be handled under Title VII of the Act. According to the Commission, employers must provide “reasonable accommodation” if an employee challenges a training course, unless this causes “undue hardship” for the company.

In October 2006, Landmark Education took legal action against Google, YouTube, the Internet Archive and a website owner in Queensland, Australia in attempts to remove criticism of its products from the Internet. The company sought a subpoena under the Digital Millennium Copyright Act in an attempt to discover the identity of an anonymous critic who uploaded a 2004 French documentary of the Landmark Forum to the Internet. “Voyage au pays des nouveaux gourous” (Voyage to the Land of the New Gurus) was produced by Pièces à Conviction, a French investigative journalism news program. The Electronic Frontier Foundation represented the anonymous critic and the Internet Archive, and Landmark withdrew its subpoena in November 2006 in exchange for a promise from the anonymous critic not to repost the video.

Landmark Education itself has come under scrutiny for its controversial labor practices. The company has been investigated by the United States Department of Labor in separate investigations originating out of California, Colorado, and Texas. Investigations focused on the heavy reliance of unpaid labor in the company’s workforce, which Landmark Education calls “assistants” and deems volunteers.

An investigation by the U.S. Dept. Labor based out of Colorado found that activities performed by Landmark Education’s “assistants” include: “office, clerical, telephone solicitation and enrollment, as well as greeting customers, setting up chairs, handling microphones during the seminars and making coffee. Additionally, a number of volunteers actually teach the courses and provide testimonials during and after the courses.” The Colorado investigation’s 1996 report found that “No records are kept of any hours worked by any employees.” According to a 1998 article in Metro Silicon Valley: “In the end the Department of Labor dropped the issue, leaving Landmark trumpeting about its volunteers’ choice in the matter.” Metro Silicon Valley reported that Landmark Education at the time employed 451 paid staff, and also utilized the services of 7,500 volunteers.

After an investigation into Landmark Education’s labor practices by the U.S. Dept. Labor’s offices out of California, the company was deemed to have overtime violations. According to the Department of Labor’s 2004 report on the investigation, back wages of $187,569.01 were found due to 45 employees. An investigation by the U.S. Dept. Labor in Texas which concluded in 2005 stated: “Minimum wage violation found. Volunteers (Assistants) are not paid any wages for hours worked while performing the major duties of the firm. The assistants set up rooms, call registrants, collect fees, keep stats of classroom data/participants, file, they also are answering phones, training and leading seminars.”

The Texas investigation also discovered an overtime violation. Landmark Education agreed to pay back wages for the overtime violation, but did not comply with the overtime violation found by the U.S. Dept. Labor for the “assistants”. Landmark Education denied that the “assistants” are employees, though the Department of Labor report concluded: “Interviews reveal that the employees are taking payments, registering clients, billing, training, recruiting, setting up locations, cleaning, and other duties that would have to be performed by staff if the assistants did not perform them.”

According to the 2004 investigative report by Pièces à Conviction in the “Voyage au pays des nouveaux gourous” program, Landmark Education was investigated by the French government in 1995. In the “Voyage au pays des nouveaux gourous” program volunteers were filmed through a hidden camera and shown performing duties for Landmark Education in France including manning phones, recruitment and financial work for the company, and one volunteer was shown cleaning a toilet.

Le Nouvel Observateur reported that after “Voyage au pays des nouveaux gourous” aired in France, labor inspectors investigated Landmark Education’s use of unpaid volunteers. According to Le Nouvel Observateur, one month after the labor investigation took place the French branch of the company had disbanded. A former “Introduction Leader” to the Landmark Forum, Lars Bergwik, has recently posted a series of videos to YouTube critical of the company and its practices. Bergwik appeared on a 2004 investigative journalism program on Sweden’s Channel 4, Kalla Fakta (Cold Facts). According to Bergwik, after the Kalla Fakta program on Landmark Education aired, “Landmark left Sweden”.

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10 billionth song downloaded from Apple’s iTunes Store

Thursday, February 25, 2010

Ten billion songs have been downloaded from the iTunes Store, an online digital media store which is owned by Apple Incorporated. Louie Sulcer, of Woodstock in Georgia, downloaded “Guess Things Happen That Way” by American musician, Johnny Cash, which became the ten billionth song downloaded from iTunes. Sulcer won an iTunes gift card worth US$10,000 (approximately £6,550 or 7,380), after purchasing a song on the iTunes Store to win the prize.

Beforehand, Apple had launched a competition entitled “Countdown to 10 Billion Song Downloads”, where the person to make the ten billionth “entry” of a song from the iTunes Store would win the gift card. An “entry” could be created by either downloading a song from the iTunes store, or by filling in a form on the Apple website.

The rules of the competition stated that “the downloading of the 10 billionth song is considered to be either the downloading of the 10 billionth song from iTunes or the receipt of the non-purchase entry after the download of the 9,999,999,999th song, whichever comes first.” Below is a table of the twenty most downloaded songs of all time from Apple’s iTunes Store. The list was initially placed on the website.

Rank Song Artist
1 I Gotta Feeling Black Eyed Peas
2 Poker Face Lady Gaga
3 Boom Boom Pow Black Eyed Peas
4 I’m Yours Jason Mraz
5 Viva la Vida Coldplay
6 Just Dance(feat. Colby O’Donis) Lady Gaga
7 Low(feat. T-Pain) Flo Rida
8 Love Story Taylor Swift
9 Bleeding Love Leona Lewis
10 TiK ToK Ke$ha
11 Disturbia Rihanna
12 So What P!nk
13 I Kissed a Girl Katy Perry
14 Single Ladies (Put a Ring on It) Beyoncé
15 Hot N Cold Katy Perry
16 Stronger Kanye West
17 Live Your Life(feat. Rihanna) T.I.
18 Hey There Delilah Plain White T’s
19 Right Round(feat. Ke$ha) Flo Rida
20 Party in the U.S.A. Miley Cyrus
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