Monday 8 August 2011

News Limited needs to get its own house in order before it starts throwing sh*t at Fairfax


In its rush to publish Mark Day's piece criticising Fairfax The Oz overlooked its own imperfections. Not a good look!

Source: http://www.theaustralian.com.au/business/opinion/sale-junks-asset-thet-could-drive-future-of-fairfax/story-e6frg9tf-1226110417155

NSW North Coast gets a big tick from Lonely Planet

Lonely Planet has just released its latest guidebook, East Coast Australia Travel Guide, and the NSW North Coast gets what could be termed a rave review:

Nowhere on the East Coast conjures up the beach-cum-nature-cum-good times quite like Byron Bay. Its unique mix of leisure and energy is infectious and those who visit seldom go home complaining – if they go home at all.
But if Byron is the heartbeat, the surrounding hinterland (with its green hills and national parks) and north coast (stretching north to Tweed Heads and south almost to Port Macquarie) are the blood that keeps it pumping. Byron might bring them here, but it’s the breathtaking vistas, endless white sands and blue-hued breaks that tempt travellers further afield to little coastal towns like Yamba and Crescent Head. And when the sand between your toes starts getting up your nose, national parks are scattered amid the rich deltas of mighty rivers; and villages like Bangalow and Bellingen, with sublime food and organic produce, tempt both alternative-lifestylers and city slickers. This really is the good life.

Those of us who live here know how lucky we are. Still, it is pleasing to see our own views reflected back in word pictures such as these:

Filling your days and nights in exciting Byron Bay….Enjoying the artful village charms of Bellingen…. Losing yourself on the untrodden beaches near Wooli….Exploring hinterland villages, including the Channon….Finding treasures in markets like the one at Nimbin….Taking in the fauna and flora of ancient Gondwana rainforests in the far north hinterland….Surfing with dolphins at Pippi’s beach in Yamba….Dining in one of a huddle of fabulous restaurants in tiny Bangalow….Eating fresh shucked oysters on the beach in Crescent Head….Getting your fill of the beautiful Clarence River in a beer garden in Ulmarra.

Twitter in 2011 - so how much is genuine?


Leaving aside those Twitter accounts obviously set up to satirize pollies of all hues, the rich and infamous or big business; it seems that a more sinister type of fakery is rearing its ugly noggin………
“The office of a former Nebraska Senator working for the American Petroleum Institute appears to have set up more than a dozen fake Twitter accounts to promote the KeystoneXL tar sands pipeline.”

While over at FederalBizOpps the U.S. Government is advertising for someone to develop suitable software, then teach it how to detect upcoming issues on Twitter or other social media and show it how to employ semi or fully automated "counter messaging" techniques.

Sunday 7 August 2011

DOE V RUMSFELD 2011: a sweet smell of karma is in the air


According to a Government Accountability Project media release on 3 August 2011:

In this challenge to the conditions of and procedures used in detaining an American citizen at a United States military compound in Iraq, Plaintiff John Doe sues former Defense Secretary Donald Rumsfeld, other high-ranking United States government officials, and several unidentified United States officials and agents. He alleges multiple constitutional violations in his seizure and detention…..

Doe also sues Defendants Janet Napolitano, Secretary of the United States Department of Homeland Security, Robert S. Mueller III, Director of the Federal Bureau of Investigation, Alan Bersin, Customs and Border Protection Commissioner, and John Morton, Assistant Secretary of the United States Immigration and Customs Enforcement, in their official capacities, to secure the return of the property seized upon his detention and for alleged violations of his right to travel.

Finally, Doe brings claims against unidentified officers or agents of the United States, alleging:
(1) false arrest,
(2) unlawful detention and conditions of confinement,
(3) torturous and unlawful interrogation,
(4) denial of the right to counsel and the right to confront adverse witnesses,
(5) denial of the right to present witnesses and to have exculpatory evidence disclosed,
(6) denial of access to courts and to petition,
(7) blacklisting, and
(8) conspiracy……

The Court finds, however, that Doe had a constitutional right to be free from conduct and conditions of confinement that shock the conscience, that such right was clearly established at the time of Rumsfeld's conduct, and that Doe has pleaded factual allegations sufficient to support a claim that Rumsfeld's conduct violated this clearly-established right. Accordingly, Rumsfeld’s qualified immunity defense to Doe’s substantive due process claim fails…..

The Court thus finds, under the circumstances alleged, that a reasonable federal official would have understood conscience-shocking physical and psychological mistreatment—including temperature, sleep, food, and light manipulation—of a United States citizen detainee to violate the detainee’s constitutional right to substantive due process. Accordingly, Rumsfeld is not entitled to qualified immunity from Doe’s substantive due process claim…..

..the Court DENIES Rumsfeld’s motion to dismiss Doe’s substantive due process claim. The Court GRANTS Defendant Rumsfeld’s motion to dismiss Doe’s procedural due process and access to courts claims.
The Court further GRANTS the government’s motion to dismiss Doe’s return of seized property claim; the Court permits Doe leave to amend his complaint if he can plead, in good faith, factual allegations supporting a reasonable inference that the government’s refusal to return his property was a “final agency action.”
Finally, the Court DENIES the government’s motion for a more definite statement of Doe’s right to travel claim.