March 2023 - cypherpunks - lists.cpunks.org

Re: response to FOIl request FOIL-2022-090627-018419
by Gunnar Larson 07 Nov '24

07 Nov '24

Dear Mr. Bogdan: Thank you for the note. We would kindly like to appeal this FOIL records decision. For example, One Million Black Women's board of directors states inclusion of policy and social leadership from Apple. Mr. Bogdan, xNY.io - Bank.org has filed another FOIL request concerning DFS' recent "Apple Card Report." The Apple Card Report and associated DFS investigation focused on financial inclusion metrics for women in New York State. Between the Apple Card Report and One Million Black Women being under DFS' umbrell of oversight, it would appear no records being publicly available would signal potential marketplace spoofing. Furthermore, DFS' "Student Protection Unit" licenses and supervises student loan servicers, monitors student-related financial practices in New York, and educates and advocates for student consumers and their families about available financial products and services. As a "Bill and Melinda Gates Scholar" and a "Blockchain Scholar" and a "Al Neuharth Freedom Forum Scholar" I am aware of a scholarship program funded from New York targeting students in Africa. Mr. Bogdan, from New York this fund advertises over $100M in scholarships for online degrees for students in Africa. Logic would conclude DFS' Student Protection Unit would hold records on this scholarship fund. No records would furthrtmore exacerbate spoofing concern of a potential interlocking directorate. At the very least, DFS records pertaining to mail and/or wire fraud related to the department's financial inclusion oversight would be helpful to our research. Have a great day, Gunnar -- *Gunnar Larson * *xNY.io <http://www.xny.io/> - Bank.org <http://bank.org/>* MSc <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - Digital Currency MBA <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship and Innovation (ip) G(a)xNY.io +1-646-454-9107 New York, New York 10001 On Tue, Nov 1, 2022, 3:24 PM <George.Bogdan(a)dfs.ny.gov> wrote: > Dear Mr. Larson: > > My response to your FOIL request is attached. > > Sincerely, > George Bogdan > DFS Records Access Officer > > Tracking Number:FOIL-2022-090627-018419 >

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Universal BitLicense Declaration on Virtual Currency & Human Rights
by Gunnar Larson 27 Oct '24

27 Oct '24

Dear Madam Acting Superintendent: Reflecting this week, Ripple once again <https://www.law.com/radar/card/ripple-legal-chief-accuses-sec-of-playing-de…> shares concerning comments and approaches to respecting their Bitlicense award. Even more, many experts are concerned <https://www.bloomberg.com/news/articles/2021-12-17/nyc-miami-seen-facing-po…> about MIA Coin and resulting NYCCoin disasters. Madam Acting Superintendent, on August 4, 2020 as part of our Conditional BitLicense application we submitted a draft of the Universal BitLicense Declaration on Virtual Currency & Human Rights. - Today this memo is to re-new our obvious approach to virtual currency innovation in New York. Together under your leadership, we should be leading the world in the principles of modern cross-border BitLicense logic. - Madam Acting Superintendent, this type of stuff matters. The Deceleration aims to level the playing field for all and impacts the future of women and girls with respect to financial inclusion. - At the very least, New York and your office should be embracing such thoughtful approaches to support future generations and protect virtual currency from market manipulation. Madam Acting Superintendent, we implore that if some version of the Declaration was enacted in 2020, the world would be a better place today. Kindly find a copy of the Universal BitLicense Declaration on Virtual Currency & Human Rights <https://thecapital.io/article/universal-bitlicense-declaration-on-virtual-c…> below. We will be in contact with your office this coming week to engage in dialogue on the Declaration's feasibility forward. Very respectfully yours, Gunnar Larson *WE THE PEOPLE OF NEW YORK DETERMINED* - to pioneer noble advancement of BitLicence theory and regulation, whereas it is essential to safeguard virtual currency and its potential to galvanize international, economic and social advancement of all peoples, and - to ensure clarity, principally New York’s BitLicence being the preeminent institution with mandate of ensuring that virtual currency manipulation (of any sort) shall not burden the common global interest of humanity, and that human rights are protected in the jurisdiction of New York for all peoples *AND FOR THESE ENDS* - to save succeeding generations from financial fraud and corruption, which in our lifetime has brought untold sorrow to humanity, and - to reaffirm New York’s faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and - to establish conditions under which justice and respect for the obligations arising from BitLicence regulation and other sources of financial services law can be maintained, and - to promote larger social progress by leading global standards, given that New York remains the center of technological innovation and forward-looking virtual currency regulation *HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS* *Now, therefore this UNIVERSAL BITLICENSE DECLARATION ON VIRTUAL CURRENCY & HUMAN RIGHTS as the common crypto standard of achievement for all peoples and all nations, keeping this Declaration constantly in mind, shall strive to promote respect for human rights and personal freedoms by progressive measures, national and international, to secure their universal and effective recognition and observance of New York-based companies accountable to a **universal **BitLicense **standard of virtual currency regulation across all global territories of business, protecting all peoples and all nations.* *Article One* - Whereas disregard and contempt for human rights have resulted in failed financial frameworks that have outraged the conscience of mankind, and - Whereas the foundational vision of BitLicense theory imagines a world in which human beings shall enjoy safe, reliable and regulated virtual currency tools and financial products, now proclaimed as the highest aspiration of the common people, *Article Two* - Whereas ethical stewardship of virtual currency is inherent to the BitLicence mandate, the invention of blockchain, and virtual currency aimed to secure the equal and inalienable rights of all as foundation to financial freedom and economic prosperity, especially in the developing economies, and - BitLicense members pledged themselves to achieve, in cooperation with the state of New York, the promotion of universal respect for and observance of international human rights fundamental to the integrity of the BitLicense’s virtual currency regulation. - Whereas New York reaffirms faith in the BitLicense’s foundational themes and the general concept of human right protection. The dignity and worth of the human person and the equal rights of men and women are part of New York BitLicense protections and standards which correlates to noble “public-spiritedness” virtual currency regulation with exponential social progress of humanity. *Article Three* *The Purposes of this Declaration are:* - To maintain the protection of BitLicense virtual currency standards, implying any New York- based group or person has no right to engage in “loophole” business activities in global markets out of New York, or to perform any act aimed at bypassing BitLicense virtual currency regulation, and - To take effective collective measures to remove inconsistencies and prevent the suppression of human rights or other breaches of BitLicense regulations of virtual currency, and to bring about conformity with the principles of justice and international human rights laws, adjusting or settling international disputes or situations which might lead to a breach of New York BitLicense law; - To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, while executing appropriate measures to close KYC/AML loopholes by strengthen universal virtual currency regulation of New York firms operating in global emerging markets; - To achieve international co-operation in solving international virtual currency problems of an economic, social, cultural, or humanitarian nature, and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion; and - To offer New York as centre jurisdiction and the BitLicense as universal to harmonizing smart virtual currency actions of nations in the attainment of these common ends. *Article Four* New York BitLicensees (members), in pursuit of the Purposes stated in Article One, shall act in accordance with the following Principles: - All Members, in order to ensure to all of them the rights and benefits resulting from BitLicense membership, shall fulfill the obligations assumed by them in accordance with this Declaration, and - All Members shall immediately settle their international virtual currency inconsistencies by peaceful means in such a manner that international law and justice are not endangered while meeting this Declaration and overall BitLicense compliance, and - All Members shall refrain in their international relations from the violation of human rights or abuse of virtual currency manipulation *by leveraging territorial loopholes (e.g. Africa) and/or inconsistent jurisdictional integrity and enforcement (e.g. Europe), nor willfully employ political naivete of any state (e.g. New York)*, or in any other manner inconsistent with the Purposes of this Declaration, and - Continued membership is contingent on the requirement that BitLicense Members based in New York act in accordance with these Principles so far as may be necessary for the promotion of universal respect for and observance of human rights and fundamental virtual currency regulation, and finally - Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of human rights or degradation of the BitLicense’s virtual currency statute or mandates set forth in this Declaration. -- *Gunnar Larson - xNY.io <http://www.xNY.io> | Bank.org <http://Bank.org>* MSc <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - Digital Currency MBA <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship and Innovation (ip) G(a)xNY.io +1-646-454-9107 New York, New York 10001

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xNY.io | Palantir Technologies Board of Directors - Securities Fraud and Computer Crimes
by Gunnar Larson 27 Oct '24

27 Oct '24

Dear Palantir Board of Directors: You have yet to respond to xNY.io’s February 8, 2022 memo concerning <https://docs.google.com/document/d/1Oej5gM5wuftu68eVkXTR4wWqoHREP2zg3nwlH1H…> a reasonable request for the resignation of Mr. Peter Thiel from the Board of Directors of your esteemed organization. Making matters worse, Palantir’s Board of Directors failed to respond to xNY.io’s February 18, 2022 memo urging <https://drive.google.com/file/d/1NMs-8HFD_Rrnkw4ePUhQSvJSGwhU70F9/view?usp=…> Palantir’s Board of Directors to act in resonance with the law. - Today’s correspondence <https://docs.google.com/document/d/1cRuyS6IUS-8j8yKjOvs7Mx1V85zbMGfg6hyV6g2…> (memo attached) mints xNY.io’s overall concern of being victim to Palantir’s Board of Directors conspiracy to commit Computer Crimes and Securities Fraud. - xNY.io has made 185 highlights to the Prosecuting Computer Crimes Manual <https://drive.google.com/file/d/11tbgHgDg8qagomO-NBffvIFpxXKmBC3g/view?usp=…>, issued by the DOJ Computer Crime and Intellectual Property Section Criminal Section. - xNY.io has made 85 highlights to the FDIC’s Office of Inspector General’s investigation <https://drive.google.com/file/d/1mTHY9KMc6pK9T-brBhweEJlWfbka0fTg/view?usp=…> outlining Palantir’s Board of Director’s likely exploiting vulnerabilities in your system to conduct malicious cyber activities. - xNY.io now has logical concern of active Securities Fraud <https://en.wikipedia.org/wiki/Securities_fraud> sponsored by Palantir’s Board of directors that may be a threat to xNY.io’s international enterprise (chart detail attached). Seemingly, Meta’s Board of Directors (FB) embody xNY.io’s similar, logical approach. How would you like to proceed? Warm regards, Gunnar Larson -- *Gunnar Larson - xNY.io <http://www.xNY.io> | Bank.org <http://Bank.org>* MSc <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - Digital Currency MBA <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship and Innovation (ip) G(a)xNY.io +1-646-454-9107 New York, New York 10001 ---------- Forwarded message --------- From: Gunnar Larson <g(a)xny.io> Date: Fri, Feb 18, 2022 at 3:45 PM Subject: Re: Imploration of Peter Thiel Resignation, Palantir Technologies Board of Directors To: <Investors(a)palantir.com>, <investor(a)fb.com> Cc: cypherpunks <cypherpunks(a)lists.cpunks.org> Dear Palantir Board Members: xNY.io seeks Palantir's immediate response on the extremely reasonable and overall logical request regarding Mr. Thiel, alleviating any co-conspiracy concerns of your directorate. We are tracking Palantir's Board now behind the reasonable 02/14/22 deadline at the expense of xNY.io (given our general perception of xNY.io related files being hosted on your platform). - Humbly, Palantir's Board may want to assure the United States that Palantir's Board is not sponsoring the next Cambridge Analytica. - Furthermore, xNY.io is designed <https://xny.io/whitepaper>to sidestep such unnecessary circumstances - xNY.io points to the New York Post's report <https://nypost.com/2021/08/25/fbi-palantir-glitch-allowed-unauthorized-acce…> on a "glitch" in Palantir's system allowing Cambridge Analytica type access to private data. *Make no mistake, it is not xNY.io's fault if Mr. Thiel is potentially sacrificing the purity of Palantir's Board.* What does Palantir have to lose in doing the right thing here? xNY.io further hints that it is not our overall problem if Palantir's Directorship wishes to self-destruct against scientific law <https://xny.io/> (aka modern logic). History provides the epic example <https://thecapital.io/article/directorates-who-discredit-truthful-witnesses…> of Enron and a cunning Board of Directors of misleaders, a team of flimflam artists who used sly rhetorical skills to bamboozle the public, turning night into day. In this conception, directorates tell stories only in order to seduce and beguile regulators who fall prey to the advocate’s star-crossed tricks. - Potentially best said by Senator John Mccain, “And the persons who ultimately are harmed by all of this, of course, is the average consumer, the average citizen, who has no knowledge, unless it paid attention to this hearing, of the extent of the manipulations that have been carried out by the largest financial institutions in America and, indeed, probably the world.” Forgive the efficient, yet candid locker room talk above. We are not saying Palantir's Board is crooked. But, you can imagine xNY.io's next correspondence should not be necessary. Very respectfully yours, Gunnar Larson -- *Gunnar Larson - xNY.io <http://www.xny.io/> | Bank.org <http://bank.org/>* MSc <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - Digital Currency MBA <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship and Innovation (ip) G(a)xNY.io +1-646-454-9107 New York, New York 10001 On Tue, Feb 8, 2022 at 5:20 PM Gunnar Larson <g(a)xny.io> wrote: > Dear Palantir Board of Directors: > > Today’s memo implores > <https://docs.google.com/document/d/1Oej5gM5wuftu68eVkXTR4wWqoHREP2zg3nwlH1H…> > the resignation of Mr. Peter Thiel from the Board of Directors of your > esteemed organization. > > - > > Reasonable expectations support this resignation on or before Monday > February 14, 2022 at Noon EST. > - > > Failure in the resolution of the resignation concerned may be a threat > to xNY.io’s international enterprise (detailed below). > - > > Simple logic behind our request coincides with the February 7, 2022, > 4:07 PM EST > <https://www.bloomberg.com/news/articles/2022-02-07/peter-thiel-to-leave-met…> > Bloomberg News report of Mr. Thiel’s resignation from Meta’s Board of > Directors. Bloomberg cited that Mr. Thiel plans to explore political > endeavors that perhaps would be a conflict of interest to sacred Board > Director entitlement responsibilities. > > > Kindly find the attached memo addressed to the attention of Palantir's > Board of Directors. > > Respectfully yours, > > Gunnar Larson > -- > *Gunnar Larson - xNY.io <http://www.xny.io/> | Bank.org <http://bank.org/>* > MSc > <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - > Digital Currency > MBA > <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship > and Innovation (ip) > > G(a)xNY.io > +1-646-454-9107 > New York, New York 10001 >

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SpaceX Interlocking Directors’ Intent to Manipulate Markets
by Gunnar Larson 25 Oct '24

25 Oct '24

Dear Attorney General Letitia James: xNY.io - Bank.org, PBC seeks to earn your esteemed approval to engage the New York False Claims Act under urgent pretences. Today's correspondence marks the first time in history, a self-titled "mafia" (aka, the "PayPal Mafia '') is compelled to answer publicly the decision to manipulate both the New York False Claims Act and the Martin Act against one another. - Madam Attorney General, your leadership approach has historical context <https://www.nytimes.com/2019/12/10/climate/exxon-climate-lawsuit-new-york.h…> to logic and ultimate Exxon Mobil vs. New York State <https://drive.google.com/file/d/1nLp9RIYw8mAh1SRG8E9PMEK94SV-viUN/view?usp=…> case precedent. - xNY.io - Bank.org, PBC research and development notes our hawkish approach to ESG, D&O and LBO innovation. - xNY.io - Bank.org, PBC sees this not a democrat vs. republican concern as Mr. Elon Musk (CEO, SpaceX and Tesla) claims. False pretense to protect free speech are now being debated as party to a $200B pryamid scheme. Ms. James, on May 21, 2022 xNY.io - Bank.org, PBC <https://docs.google.com/document/d/1lv9Wt6y1ld4bNap0z3epIxttEGiP_oVpfxH0GTS…> contacted the SpaceX Corporation with reasonable concern of CEO Musk's intent behind the $44B Twitter LBO. The Orlando Police Pension Fund shared similar concerns to the intent behind Twitter's LBO as illegal. Since, market forces suggest that SpaceX and Tesla directors are part of interlocking directorate, self proclaimed the PayPal Mafia. The racket could waterfall to problem(s) at the New York State Department of Financial Services with Superintendent association to D&O insurance regulation. Ms. James, xNY.io - Bank.org, PBC seeks your office's urgent assessment of this matter. We aim to earn approval to explore the New York False Claims Act to confront SpaceX as a racket. *Like a house of cards, the PayPal Mafia racket could risk a waterfall of D&O interlocking directorate insolvencies. In summary: * 1. xNY.io - Bank.org's May 21, 2022 memo to SpaceX questioned intent behind baseless claims pioneered by SpaceX's CEO, branding ESG a scam via Exxon Mobil. Obviously, Exxon Mobil vs. New York State <https://drive.google.com/file/d/1nLp9RIYw8mAh1SRG8E9PMEK94SV-viUN/view?usp=…> alludes Mr. Musk party to a false claim. 2. SpaceX has failed to establish a preponderance of evidence and burden of proof not a racket. 3. SpaceX has failed to prove that Twitter's LBO is not false claim to free speech protection. 4. True social innovation cannot sponsor a fake news racket that could jeopardize space exploration and war. 5. Twitter's LBO dealmakers (Goldman Sachs and JP Morgan Chase) company balance sheets, financial statements and other corporate records do not impact xNY.io - Bank.org, PBC holding a racket accountable to false claims. The CEO of SpaceX and Tesla leveraging Exxon Mobil as an ESG securities scam does not preclude the PayPal Mafia's intent to engage false claims at the sacrifice of New York State's financial future. Madam Attorney General James, we hope to hear from your esteemed office and learn assessment of best next steps. Thank you, Gunnar -- *Gunnar Larson * *xNY.io <http://www.xny.io/> - Bank.org <http://bank.org/>, PBC* MSc <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - Digital Currency MBA <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship and Innovation (ip) G(a)xNY.io +1-646-454-9107 New York, New York 10001 On Sun, May 22, 2022 at 9:34 AM Gunnar Larson <g(a)xny.io> wrote: > May 21, 2022 > > BY ELECTRONIC MAIL > > SpaceX Corporation > Board of Directors > One Rocket Road > Hawthorne, California > 90250 > Sales(a)SpaceX.com > > Re: Potential SpaceX Interlocking Directors’ Intent to Manipulate > Markets > > Dear SpaceX Board of Directors: > > From our New York headquarters, xNY.io - Bank.org, PBC embodies the notion > that rather than a merry-go-round, the process of change and innovation is > like a slide. > > Today’s memo aims to notify the SpaceX Corporation of concern of potential > market manipulation that could impact cross-border digital asset > innovation, free speech in the United States of America, the global ESG > economy and Moon exploration. > > Please find the attached memo > <https://docs.google.com/document/d/1lv9Wt6y1ld4bNap0z3epIxttEGiP_oVpfxH0GTS…> > addressed to SpaceX's board of directors. > > Respectfully, > > Gunnar Larson >

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The Entrapment Controversy
by Gunnar Larson 01 Oct '24

01 Oct '24

Author: Roger C. Park Title: The Entrapment Controversy Source: Minnesota Law Review Citation: 60 Minn. L. Rev. 163 (1976). 212 Highlights by Brody Larson: https://drive.google.com/file/d/1rhPWgd_OniZVLeJIlieDBx5VNC2chenn/view?usp=…

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Entrapment
by Gunnar Larson 01 Oct '24

01 Oct '24

Hello: I have been under entrapment most of the day. The agents have been rude and I have asked them multiple times to operate under proper decorum. Gunnar Larson

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Sonic Weapons Affect St. Bernard
by Gunnar Larson 29 Sep '24

29 Sep '24

Brody, the most wonderful St. Bernard on the Planet running around with Havana Syndrome: https://en.wikipedia.org/wiki/Havana_syndrome Honestly, I really respect this technology. It is super cool. I just do not think they thought it would affect a big, beautiful boy like Brody.

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Havana Syndrome, Sonic Weapons - INTERNATIONAL LEGAL INNOVATION
by Gunnar Larson 29 Sep '24

29 Sep '24

Cognitive liberty is not currently recognized as a human right by any international human rights treaty.[11] <https://en.m.wikipedia.org/wiki/Cognitive_liberty#cite_note-Bublitz_and_Mer…> While freedom of thought <https://en.m.wikipedia.org/wiki/Freedom_of_thought> is recognized by Article 18 of the Universal Declaration of Human Rights <https://en.m.wikipedia.org/wiki/Universal_Declaration_of_Human_Rights> (UDHR), freedom of thought can be distinguished from cognitive liberty in that the former is concerned with protecting an individual's freedom to think *whatever* they want, whereas cognitive liberty is concerned with protecting an individual's freedom to think *however* they want.[29] <https://en.m.wikipedia.org/wiki/Cognitive_liberty#cite_note-29> Cognitive liberty seeks to protect an individual's right to determine their own state of mind and be free from external control over their state of mind, rather than just protecting the content of an individuals’ thoughts.[30] <https://en.m.wikipedia.org/wiki/Cognitive_liberty#cite_note-Boire,_Part_II-…> It has been suggested that the lack of protection of cognitive liberty in previous human rights instruments was due to the relative lack of technology capable of directly interfering with mental autonomy at the time the core human rights treaties were created.[21] <https://en.m.wikipedia.org/wiki/Cognitive_liberty#cite_note-Boire,_Part_I-21> Havana Syndrome bred by Sonic Weapon technology more or less is lazyly playing in regulatory arbitrage loopholes related to cognitive liberty. Recently, we went to the SEC for guidance on consolidation of an ILO (Intiatal Legal Offering). As we await engagement with the SEC on the ILO prospect, ILO’s resemble Initial Coin Offerings (ICOs), but rather than raising money for a new coin, app, or service, they’re used to fund specific litigation. Think micro-investing for lawsuits. In an ILO, investors receive tokens entitling them to shares of potential recoveries, an economic right converted to a digital asset. If cases fail, they lose their investments. We are exploring an ILO at the international level (International Criminal Court <https://www.icc-cpi.int/>, International Court of Justice <https://www.icj-cij.org/en>), to solidify the right of Cognitive Liberty. Likely, the broader public will overwhelmly support their individual right to free thinking and systems and processes associated with thinking freely. The New York City Police Department (NYPD) is a pioneer in engaging sonic weapon technology <https://en.wikipedia.org/wiki/Sonic_weapon>, An NYPD officer stands ready with the LRAD 500X at an Occupy Wall Street protest on November 17, 2011 near the city hall. The NYPD conducts experiments and other cutting edge innovation strategies as being America's Best Urban Police Force. It should be considered that the NYPD properly file logs of such technology engagement (aka ... what, when, where, why, how) as xNY.io strives to liberate the semantics related to cognitive thinking liberty. Moreover, while the NYPD pioneers new crowd control technology, other private firms have abused the technology for their own selfish agendas. Keeping all this in mind, one of xNY.io's active engagements is closing the semantic loophole related to cognitive liberty. The SEC likely will provide associated guidance in the coming 2022 year. Happy New Year World! Thank you, Gunnar -- *Gunnar Larson - xNY.io <http://www.xNY.io> | Bank.org <http://Bank.org>* MSc <https://www.unic.ac.cy/blockchain/msc-digital-currency/?utm_source=Google&u…> - Digital Currency MBA <https://www.unic.ac.cy/business-administration-entrepreneurship-and-innovat…> - Entrepreneurship and Innovation (ip) G(a)xNY.io +1-646-454-9107 New York, New York 10001

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City Settles Lawsuit From Protesters Who Accused NYPD Of Firing Sound Cannon At Them
by Gunnar Larson 29 Sep '24

29 Sep '24

https://gothamist.com/news/city-settles-lawsuit-protesters-who-accused-nypd… The City has agreed to pay $748,000 to settle a lawsuit brought by Black Lives Matter protesters who said the NYPD illegally targeted demonstrators with Long Range Acoustic Devices [LRAD] in 2014. Under the settlement, the NYPD will also ban the use of the LRAD’s powerful “deterrent tone” and, for the first time, generate a written policy governing the use of the devices. The suit stems from a demonstration in December of that year, when a group was marching in midtown Manhattan to protest a grand jury’s refusal to indict the officer who killed Staten Island resident Eric Garner using a banned chokehold. As part of an effort to disperse the crowd, two police officers repeatedly used the powerful tone generated by their LRAD. Some of the journalists and protesters who were in close range at the time complained afterwards of pain, ringing in their ears, and migraines that lasted for days afterwards. The LRAD was initially developed for the U.S. Navy after terrorists attacked the U.S.S. Cole in 2000, using a small boat laden with explosives. Like its successors, the original LRAD served a dual function, on the one hand serving as a public-address system capable of communicating ship-to-ship over very long distances, and on the other hand capable of creating a cone of noise so loud and painful that it could deter anyone from approaching. Police forces soon realized these dual functions could be used in policing protests, and began adding them to their arsenals. The NYPD used its first LRAD to address protesters during the 2004 Republican National Convention, though it wouldn’t begin regularly deploying LRADs to protests until 2014. Less frequently, police have also used the device’s piercing sound-weapon function against protesters. The NYPD devices are capable of producing sound as loud as 137 decibels, well over the threshold that can cause pain and lasting damage to human ears. In 2012, Captain Anthony Raganella, the commander of the NYPD’s Disorder Control Unit, requested the department replace his unit’s LRADs with new models: a truck-mounted 500X LRAD at $23,000, and two handheld 100X LRADs at $7,680 each. (The request was included in a larger proposal that included $30,000 for pepper spray and pepper-ball weapons, thousands more for rubber pellet grenades and chemical irritant grenades, and $16,000 for orange crowd-control netting.) In an internal email explaining to the NYPD grants unit the necessity of his request, Raganella cited the threat posed by the Animal Liberation Front, the Earth Liberation Front, and People for the Ethical Treatment of Animals. “The requested equipment would be used to train and ensure the readiness of the Department to respond to any civil unrest caused by these terrorist groups,” Raganella wrote. Today’s settlement brings final resolution to a landmark case first filed five years ago, but the City’s legal defeat dates back to a judge’s 2017 ruling. The de Blasio administration had argued that police couldn’t be held liable for excessive force in using an LRAD because they never actually touched anybody. “The officers' creation of a sound that plaintiffs happened to hear cannot be considered 'physical contact,’” City lawyers claimed. “the LRAD is not an instrumentality of force, but a communication device.” Judge Robert Sweet rejected the argument, ruling, “This is force, and the kind that could be used excessively.” The de Blasio administration appealed the decision, but in 2018 the 2nd Circuit affirmed it, forcefully rejecting the City’s argument that subjecting people to dangerously loud sound isn’t a use of force. “Even though sound waves are a novel method for deploying force,” the court wrote in its opinion, “the effect of an LRAD’s area denial function is familiar: pain and incapacitation.” The 2nd Circuit also reaffirmed that just because there isn’t case law governing a new technology for hurting people, that doesn’t give police a blank check to use that technology however they want. “Novel technology,” the court wrote, “does not entitle an officer to qualified immunity.” Still unwilling to concede the point, the de Blasio administration petitioned the U.S. Supreme Court in 2018 to overturn the lower courts’ rulings, but the court declined to hear the request. Notwithstanding courts’ repeated findings that the deployment of LRADs could constitute use of force, current NYPD training takes pains to assert that the LRAD is not a weapon. “The LRAD is not any of these,” reads one slide from an LRAD training program for the Disorder Control Unit: “Sound Cannon; Sound Gun; Wave Gun; Sonic Weapons; Active Denial System.” “The tone does not create a sonic wave, blast or have the ability to cause physical injury like a weapon,” one training presentation reads, explaining that NYPD officers may use the tone “to help gain attention of individuals” in bursts of up to three seconds separated by at least a second. In settling the suit, the City does not concede that police officers using the LRAD broke any laws or violated anyone’s rights. But under the terms of the settlement, the NYPD commits to update its administrative guide and its officer training to ban the use of the deterrent tone altogether, and require police using LRADs to “make reasonable efforts to maintain minimum safe distances between the LRAD and all persons within its cone of sound.” Officers who fail to do so “may be subject to such further discipline as deemed appropriate.” The City will also pay the five plaintiffs in the case a total of $98,000, as well as $650,000 in fees for their lawyers, Gideon Oliver, Elena Cohen, and Michael Decker, all affiliated with the National Lawyers Guild. Annika Edrei, the lead plaintiff in the case, was a journalism student in 2014 when she found herself caught in the LRAD’s cone of sound, and suffered migraines for a week afterwards. The experience, she said, discouraged her from attending protests for years. “I actually gave up on a major part of my photography career,” she said. Speaking of the settlement, she said, “I hope that protesters in the future are more protected because of our actions.” “The City could have and should have decided to make policy change and pay our clients for their injuries much earlier,” said Oliver. “But instead of doing that, they fought tooth and nail for years in this case, and so in addition to damages and policy change, the city has to pay attorneys’ fees that are much higher than they would have been.”

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Havana Syndrome, Part 2: How a dog's brain may help solve the mystery of Canadian diplomats' Cuban nightmare
by Gunnar Larson 29 Sep '24

29 Sep '24

Right now, I am under entrapment (again) and Brody (my beautiful 13 year old St. Bernard) is nervous. Here is research on dogs getting nervous under such conditions: https://ottawacitizen.com/news/local-news/havana-syndrome-part-2-how-a-dogs… Could a dog’s brain offer any clues to the mysterious concussion-like syndrome affecting Canadian and American diplomats who were posted to Cuba? That is one of the many threads being pulled in an effort by researchers and scientists — and those affected — to better understand the condition referred to as Havana Syndrome, which has been blamed for debilitating some Canadian diplomats and their families. Little is known about what could have caused the symptoms shared by some diplomats who were posted in Cuba, although U.S. investigators have ruled out sonic weapons, according to the Washington Post. A doctor who examined some of the Canadian and U.S. diplomats has suggested the damage stems from a microwave weapon. This advertisement has not loaded yet, but your article continues below. Previous Slain Eganville mom Lisa Sharpe spent years seeking help for troubled son TRENDING Lisa Sharpe, 48, was killed last week in her Eganville home. Her son, Trey Gagnon, has been charged with second-degree murder. (Photo courtesy The Eganville Leader) Ukrainians raise questions about Ottawa charity as allegations swirl around donations TRENDING Ukrainian journalist Olga Khudetska (right), who now provides tactical medical training to Ukrainian troops, raised concerns about equipment donated by Mriya Aid. Suspect arrested after man stabbed to death in south Ottawa overnight, police say TRENDING Ottawa Police are investigating the stabbing death of a man at an apartment in the 2700 block of Saratoga Place in Ottawa Tuesday morning. Ottawa firefighter denies choking comrade TRENDING Eric Einagel's lawyer says his client is "devastated" by the charges levelled against him. 'Far beyond' reasonable: Federal union wants 47 per cent compensation increase over three years TRENDING The Treasury Board of Canada Secretariat (TBS) headquarters in Ottawa. The TBS says the union’s demands for its 120,000 employees would cost nearly $10 billion over the next three years.Next Breadcrumb Trail Links Politics National Local News Havana Syndrome, Part 2: How a dog's brain may help solve the mystery of Canadian diplomats' Cuban nightmare Author of the article:Elizabeth Payne Published Feb 27, 2019 • Last updated Feb 28, 2019 • 5 minute read Join the conversation Andrew King sketches of Elizabeth Payne's Havana Syndrome series. PHOTO BY ILLUSTRATION BY ANDREW KING /Postmedia Article content Could a dog’s brain offer any clues to the mysterious concussion-like syndrome affecting Canadian and American diplomats who were posted to Cuba? Advertisement 2 STORY CONTINUES BELOW This advertisement has not loaded yet, but your article continues below. Article content That is one of the many threads being pulled in an effort by researchers and scientists — and those affected — to better understand the condition referred to as Havana Syndrome, which has been blamed for debilitating some Canadian diplomats and their families. The brains of those diplomats and their spouses are being tested at Dalhousie’s Brain Repair Centre. Officials there were unavailable for interviews, but one of the diplomats involved told this newspaper that early findings have amazed researchers. Little is known about what could have caused the symptoms shared by some diplomats who were posted in Cuba, although U.S. investigators have ruled out sonic weapons, according to the Washington Post. A doctor who examined some of the Canadian and U.S. diplomats has suggested the damage stems from a microwave weapon. Still others have suggested the sounds being reported were actually crickets and that the symptoms are psychosomatic or a form of mass hysteria, hypotheses that anger those living with the after-effects. Dr. Michael Hoffer, a professor of otolaryngology and neurological surgery at the University of Miami, who examined 25 people linked to the diplomatic community in Havana, is frustrated by suggestions that the harms done to some of the diplomats are not real. Hoffer was the lead author of a paper that found all of the diplomatic personnel complaining of dizziness, ear pain and tinnitus suffered from an otolithic abnormality (affecting inner ear organs related to balance) and cognitive dysfunction. Such injuries could result in other symptoms such as cognitive difficulties and exhaustion, he said. “Here is the thing: These people did have an injury. I don’t know who injured them. I don’t know what injured them. But I am impatient with the fact that a lot of people are saying it was crickets or an infectious disease. “These people did have an injury. I don’t know who injured them. I don’t know what injured them. But I am impatient with the fact that a lot of people are saying it was crickets or an infectious disease. “Something happened to them. These findings of the inner ear disorder cannot be faked,” he said. “It is not hysteria. It is not crickets.” The suggestion that the symptoms could be psychosomatic has added to the frustration of affected Canadian diplomats. According to documents obtained through access to information by the National Post, a federal government official suggested early on that the symptoms could be psychosomatic. When contacted by this newspaper, one of those diplomats was wary about people questioning the syndrome. That diplomat, who uses the pseudonym Diplomat Allen, is among 15 Canadian diplomatic staff and their families suffering from Havana Syndrome. They are suing the federal government for $28 million, citing lack of support, information and treatment, among other things. He and his family began experiencing mysterious symptoms now associated with the syndrome when they were living in Havana in 2017. Allen and his family left Havana in the fall of 2017 after a series of unexplained events, including a screeching metallic sound in the middle of the night that left them with a variety of symptoms including nausea, uncontrolled nosebleeds, headaches and cognitive difficulties. During the summer of 2017, before the family returned to Ottawa, their three Shih Tzu dogs were behaving strangely, said Allen. Almost every night, the dogs would run to the corner of their yard backing on to a house where American diplomatic staff lived and bark frantically, for no apparent reason. “There was nothing there.” The dogs were shipped back to Ottawa after the family returned. One of them, a seven-year-old, subsequently began behaving strangely — suddenly biting at non-existent flies, arching its back and lying on its back and putting its feet in the air. A veterinarian diagnosed seizures and told the family there was something wrong with the dog’s brain. The vet recommended the dog be euthanized. Allen passed the information to a medical official at Global Affairs who asked if they could arrange for a necropsy on the dog. The necropsy (similar to an autopsy but performed on an animal) was conducted in Kemptville, where the University of Guelph has a campus. Later, Allen and his wife, along with other Canadian diplomats from Havana, travelled to Halifax where they are being assessed and studied at Dalhousie University’s Brain Repair Centre. Doctors there obtained a sample of the dog’s brain, said Allen. In December, researchers at Dalhousie told Allen they had found “something significant” in the dog’s brain and needed more samples. “It could be related,” Allen was told. Any links may help fill in the many blanks surrounding the mysterious syndrome. Researchers at Dalhousie are continuing to study the Canadian diplomats and spouses. Allen said he has been told “they were amazed” at what they found through MRIs of the diplomats’ brains and other tests. “All of us have brain bleeds that we shouldn’t have — and our thought processes are slower than people our age,” he said. MRIs show bleeds coming from small capillaries in their brains, he said, which are completely different from the control group. “For us, this is the concrete evidence we needed that this was real.” Canadian diplomats and families have also been diagnosed with vestibular and vision disorders, cognitive disorders and other issues. There is a small sense of relief at seeing some concrete evidence, but for Allen and others, that does little to allay fears about the future. Those with young children are particularly worried about how they might be affected in the long term. Canada’s Foreign Affairs Minister Chrystia Freeland said the affected diplomats have Canada’s “utmost sympathy and support.” Meanwhile, there are more questions than answers about how and why the damage occurred. Were Canadians collateral damage or targets? What kind of weapons were used? And why? Daniel Livermore, a former foreign service officer who is a senior fellow at uOttawa’s department of public and international affairs, said there is little more than speculation about the source of the mysterious injuries to diplomats — one is that Havana Syndrome resulted from some sort of eavesdropping device gone awry, another is that the injuries are the result of targeted weapons. Cuba, which has always had good international relations with Canada, is not considered to be behind the attacks, if that is what they were. Russia and China are both considered possible suspects if there were attacks with weapons. As to what kind of weapons, there are still more questions. “I don’t know how this is being weaponized,” Livermore said of speculation that the damage was done with microwave weapons. “I don’t even know what the motivation would be. I don’t see a motive,” he said.

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