June 2024 - cypherpunks - lists.cpunks.org

Binance and Coinbase vs. the SEC - Litigation Finance Journal
by Gunnar Larson 18 Oct '24

18 Oct '24

Check out my recent article: https://litigationfinancejournal.com/binance-and-coinbase-vs-the-sec/ On June 5, 2023, the United States Securities and Exchange Commission (SEC) sued the world’s largest cryptocurrency exchange, Binance, for allegedly misleading investors and regulators while operating an unregistered exchange. One day later, the SEC sued the largest cryptocurrency exchange in the United States, Coinbase, for similar allegations. Now, litigation financiers around the globe look on as top law firms organize to defend Binance and Coinbase against the SEC. Bloomberg Law reports that Binance and Coinbase have tapped some of the United States’ top law firms to defend their future to exchange nearly $120B in cryptocurrency token assets. The SEC claims that most of these tokens sum up to unregistered securities. Binance and Coinbase deny any wrongdoing. Agencies such as Lipton, Rosen & Katz, Milbank, Latham & Watkins, Wilmer Hale and Sullivan & Cromwell are among those said to bank upwards of $50M – $100M in legal fees for Binance’s and Coinbase’s defense against the SEC’s recent actions. Sullivan & Cromwell is reported to have billed over $80M in fees associated with the FTX Chapter 11 bankruptcy litigation, according to court documents. The SEC says that unregistered securities in the form of cryptocurrency violate US investor protection laws. Yet, former SEC leaders have joined Binance’s defense team. Richard Grime (of Gibson Dunn & Crutcher) has been hired by Binance. Mr. Grime formerly served as assistant director of the SEC’s enforcement division. William McLucas (of Wilmer Culter Pickering Hale and Dorr) formerly served as the SEC’s enforcement director. Mr. McLucus has been hired by BAM Trading Services, the operator of Binance.US. What does all of this mean for the litigation finance industry? Experts suggest that private actions could be explored by litigation investors and their clients in the wake of the SEC’s approach to cryptocurrency tokens being exchanged as unregistered securities. However, collectability remains a pertinent issue for litigation investors, as they consider whether to pursue crypto litigation funding.

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Pending US Supreme Court Decision is a Coinbase Class Action Cliffhange - Litigation Finance Journal
by Gunnar Larson 18 Oct '24

18 Oct '24

Check out my new article: https://litigationfinancejournal.com/pending-us-supreme-court-decision-is-a… Coinbase’s business has been seminal to the legacy of cryptocurrency innovation. As the global digital asset marketplace continues to mature, Coinbase is tiptoeing between a group of class action lawsuits. Now, the United States Supreme Court is deliberating if Coinbase should be protected by mandatory arbitration. Benzinga reports that in March 2023, the U.S. Supreme Court appeared uncertain regarding whether to allow Coinbase to move to arbitration over class actions which had been launched against the firm. Executives at Coinbase argued that private arbitration is a win for business. The June decision by the Supreme Court will spell a new dynamic for cryptocurrency sector litigation. Some digital asset scholars predict that a lack of mandatory arbitration may devastate business dynamics at Coinbase. Allowing class action lawsuits to continue is an expensive proposition that would inevitably impact the pace of cross-border crypto innovation. Meanwhile, U.S. and global regulatory uncertainty is stoking new legislation that could fuel litigation well into the future. The efficient nature of digital asset technology is at a crossroads. The Coinbase decision, commingled with upcoming regulatory requirements worldwide, will shape business dynamics for enterprise crypto software and the entrepreneurs behind future sector innovation.

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trying to consolidate device repair information
by Undescribed Horrific Abuse, One Victim & Survivor of Many 12 Oct '24

12 Oct '24

>From f22c7fb86c5b34ee445c1774f282a602ebf371d1 Mon Sep 17 00:00:00 2001 From: John Doe <johndoe(a)example.com> Date: Sun, 19 May 2024 12:45:49 -0500 Subject: [PATCH] initial commit --- mediatek.txt | 199 +++++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 199 insertions(+) create mode 100644 mediatek.txt diff --git a/mediatek.txt b/mediatek.txt new file mode 100644 index 0000000..3cb9129 --- /dev/null +++ b/mediatek.txt @@ -0,0 +1,199 @@ +# Identifying an Android Phone Chipset + - Search online, but note the device could be a fake or clone + - Use the Hardware Info or CPU-Z Android App + - Try proprietary general flashing systems that can identify any chipset + - Try free chipset-specific flashing programs and see which ones accept the device + +## Flashing Tools +### Windows Drivers + +Note that on Windows you may need specific up-to-date drivers to access the embedded chipset. + +### General-Purpose Proprietary Flashing Boxes and Dongles + +Commercial repair shops license commercial flashing tools. +These originally come with a hardware dongle for DRM protection. The software can be found online. +Hovatek links to https://journal.hovatek.com/you-might-have-to-buy-a-box-dongle-heres-why/ + +Partial List: Infinity CM2, Miracle box, Miracle Thunder, EFT dongle, +NCK Pro box, UMT dongle, Medusa Pro box, XTC 2 Clip, BST dongle, IP +box, Octopus box, Sigma box, Riff box, Octoplus Pro box + +### Chipset Manufacturer's Flashing Tool + +Each chipset manufacturer generally has a suite of flashing tools used to originally program the phones. +These generally flash chipset-specific scatter formats with partition maps. +- Mediatek: SP Flash Tool. Note this is available for Linux. + +### Open Source Tools + +Each chipset reverse engineering community has at least one open source flashing tool. +Unlike the chipset manufacturer's flashing tools, these tools may include the use of exploits for software access to devices that are bricked or locked. +They generally flash raw image data provided via their interface, rather than a scatter file. +- Mediatek: mtkclient in python + +# MediaTek +- Easier than unisoc, harder than qualcomm + +## Identifying a MediaTek Android ROM Format + - update.zip / Tcard + - contains META-INF/ and scatter.txt + - flashed in stock recovery mode, NOT with a scatter flash tool + - .img / Scatter + - contains MT****_Android_scatter.img, .img files, .bin files + - flash with a proprietary MediaTek flashing tool such as SP Flash Tool, NCK, Infinity CM2, SP Multiport, ... + - Single .bin + - single raw file + - associated with GSM Aladdin, Miracle, Infinity CM2 + - TWRP backup + - contains .win/.win.md5 files, other recoveries might have .ext4.tar or .img + - flash with the recovery type they were made with + - Custom rom + - device specific + - flash with custom recovery like TWRP, Phiz, CWM + +## Common MediaTek Partitions & Associated Troubleshooting + - Secro /secro: baseband info. "Unknown Baseband" if corrupt. + - Preloader: initializes device, won't even charge if corrupt + - Nvram: radio info, imei, wifi, bluetooth mac addresses + - Boot /boot: kernel and ramdisk, won't boot to OS if corrupt + - System /system: OS and apps, stuck at logo if corrupt + - Lk or Uboot: kernel code, corrupt -> white,black,multicolored screen + - Logo: controls boot logo image + - Userdata /userdata: user apps, contacts, etc. userspace errors or lag if corrupt + +## MediaTek Boot Modes + +### BootROM +BROM mode is the initial hardware boot stage. +This usually hands off to the preloader, but the system can be configured to +boot straight to BROM, and this can be forced by grounding KPCOL0 or the EMMC +storage pins. This can be used to unbrick a device with a corrupt preloader. +If there is no preloader enabled, the bootrom will briefly connect a serial +device to the USB port to allow a flasher to interrupt boot and flash the +system. + +### Preloader +The preloader is the software bootloader which hands off to normal booting. +The code executed is in a flashable partition. +Before booting, like the BROM, the preloader will connect a serial device +to the USB port to communicate with a flasher. +Whether the phone is running the preloader or the bootrom can be identified +by the identity of the connected serial device. + +For the bootrom to accept a new preloader, an Authentication File is needed. + +MediaTek designs it such that the flashing tool uploads a signed Download +Agent to RAM, which the preloader verifies the signature of and then hands +off control to. This is called Secure Boot. + +If the Download Agent file is wrong, errors might include: +Boot Error! S_INVALID_DA_FILE, S_FT_DOWNLOAD_FAIL (2004), +S_BROM_DOWNLOAD_DA_FAIL, S_SECURITY_SECURE_USB_DL_DA_RETURN_INVALID_TY PE +(6104), MSP ERROR CODE: 0X00, S_AUTH_HANDLE_IS_NOT_READY (5000), +STATUS_SEC_AUTH_FILE_NEEDED (0xC0030012) and many more + +NEVER DESTROY THE PRELOADER AND SECURE BOOT DATA! You may need private keys +to recover. + +Community DA collection: https://forum.hovatek.com/forum-112.html + +Tecno, Infinix, and Itel / Transsion devices have tools that work without DA +files. + +### Recovery Mode +Recovery mode is for normal flashing. +1. Power off the device +2. Hold volume-up +3. Hold power while volume-up is held +4. Release both when boot logo appears +For some devices, steps 2 and 3 are reversed. + +### Factory Mode +Factory mode is for diagnostics, running tests, clearing the emmc, and resetting the touch calibration. +1. Power off the device +2. Hold volume-down +3. Hold power while volume-down is held +4. Release both when boot logo appears. +For some devices, steps 2 and 3 are reversed. + +### Safe mode +Safe mode disables installed apps, and is good for troubleshooting whether problems are associated with user apps. +1. Long-press power button like you intend to reboot +2. Long-press the reboot option in Android +3. A dialog prompts regarding safe mode. Selecgt OK +4. Allow the device to reboot +5. It should say "safe mode" in the lower left during operation + +## Dumping Firmware + +### Dumping firmware with SP Flash Tool +SP Flash Tool requires a provided download agent signed with a key the +device accepts. + - Use Wwr MTK to create a temporary scatter file. Go to auto mode, select chipset and memory type. More templates available at Hovatek forum. Click create and save as. + - Load SP Flash Tool, click to browse for download agent, select .bin file. + - Select the Wwr scatter file. + - Use the physical address and length information from the scatter file. + - Go to readback tab, click add, double-click the entry. EMMC_BOOT1, then PGPT. + - Initiate the transfer + - Remove the battery from the device, then connect it. + - The length of the full dump is stored in the PGPT. It's the same length as boot_1 is in the user region. + - WWR can load the preloader PGPT. Click "select file" in the upper right and open the preloader from emmc_boot_1. Then head to the table of sections tab, and load the PGPT to populate it. "Full volume of GPT" field shows entire size of data. Partition offsets and lengths are shown to perform partial dumps. + NOTE: can't the PGPT be changed? there are more direct approaches + - WWR can import larger regions of the dump, too, and identify other things about the device in the auto mode tab. It can then export firmware formats for other flashers to use. + Binary search option is useful. + +## Flashing Firmware + +Build number is everything! Settings -> About -> Build Number +Variants are two phones of the same model, with a slight difference, often indicated in changes to the build number. +You may or may not be able to interflash firmware across build variants or groups. +Sometimes variants do not change the build number. + +### Flashing firmware with SP Flash Tool + + +# links +- hovatek.com + phone repair support company with classes, articles, and a question answer service + - mediatek links from old phone repair class + - mtk vcom drivers: https://drive.google.com/file/d/0B9srKhKuVIMnalFkV3EzWjVXdUE/view + - adb & fastbot[ibid] drivers: https://androidfilehost.com/?fid=95855108297851314 + - Wwr_MTK: https://mega.nz/#!W8lwmC7b!98r6ttK9hATkZpW5vJ-JS7-qQ8Hp7PCRdRT2bGoYuGY + - Miracle box: https://mega.nz/#!6PZkxIJS!JVlJkweSsj77qUOHvQ977qkMD2E4eApRA6k9uUkUX7w + - NCK Pro box MTK: https://mega.nz/#!GP50wIoQ!kQxh9SsMJBQqKoh-q4Aks7FHARHWLyIVUBVzLCj-MaQ + - Infinity CM2: https://forum.hovatek.com/thread-21773.html + - SP flash tool: https://mega.nz/#!f11WEIrQ!KWFnNEe6GbFgcQtoZcYZ5zBKqrvqvSOLT3amnGU-Yso + - Software Download (transsion Aftersale) tool: https://mega.nz/#!ylFmlIAI!-lbOX0cAMKxGotE0vpedNQDw74cyZWU9BwSd6cYQsYk + - SP Multiport: https://mega.nz/#!y1N0FQLK!nLLLjWqX_FXrkIIBkMLt9EIGf3PN3aD_qwn0aHjMy3g + - SN Writer / Write tool: http://www.mediafire.com/file/94vbv8n3zpbcjlj/SN_Write_Tool_v2.1504.00.zip + - Maui Meta: https://drive.google.com/file/d/0B4S-Z726VJ2SZ0R1MHpDY3JISkU/view + - GSM Aladdin: https://mega.nz/#!Dk0WGJJL!LCR6ua1BDitYycE1sm-1SzvdwcvKxHie8hAjtd5Om2k + - Magisk Manager: https://bit.ly/2w2oQZz + - MTK TWRP Porter (GUI) v1.4: https://mega.nz/#!UTBFyS6Y!LrvJrJ7__HBn0_IDoFRnhwFe1Srv_jMCc1K5fm84YyA + - MTK TWRP Porter (GUI) v1.6: https://mega.nz/#!Ufxh0AIA!t6QvP3VWhrg0Lq39tcXrOwAJCUvuWtnUUN3PiFCiDBg + - MTK Philz porter (GUI): https://mega.nz/#!1HY03SLZ!al1OyLv_j_kSeLPFhn7K_OfRqe0sjpjHlP5V-iIbZR0 + - Z3X MST box: https://mega.nz/#!dT4j0RRb!iv4msg39ZbpiatKuImwQoo5wNO1HhtkugBOQ0cQGris + - CheckSum generator: https://mega.nz/#!pSZW3KYI!JYrOcMFkVYO_ZIYgTXkzTI9dwHbDhzZjhzv0TlvazF8 + - Blank vbmeta.img: https://mega.nz/#!dnAS3AhD!g5PnSg-0UKFvyhZSZ8Em6gKO2Do7avaUepPmsH75-Bg + - Mi Unlock tool: https://en.miui.com/unlock/download_en.html + - CDC driver: https://drive.google.com/file/d/0B4S-Z726VJ2Sc2hXaDhaRDFCb28/view + On 2024-02-07, I uploaded most of these to arweave with a download script that needs gnu parallel and jq. + Note, I was likely experiencing advanced compromise during this upload. + https://arweave.net/lLbBWwRthEAn-LFHSaAOUq29cZUJV7d_TlofzKPW8oQ/hovatek-mtk… + "If https://arweave.net is blocked, change the GW variable in the script." + +# notes may be found in +- [x] morning spam + starting tue feb 6 2024 searching keywords 'mediatek' and 'hpp-l55b' so far found only logs and a link to hovatek.com +- [ ] non-canon spinoffs + phone repair course starting 2024-02-07 + i'm up to '05-32 How to get the build number of a bricked MTK device' + adding the infomration to the Flashing section above +- newae technology, embedded security article +- 'trying to take control of my free government phone' log +- trying to make unihertz titan boot +- information on unihertz titan +- the trials of mediating algorithms +- uhhh should i understand the exploits my new phone + -- 2.43.0

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Four Highlights to REPORT OF INVESTIGATION INTO ALLEGATIONS OF SEXUAL HARASSMENT BY GOVERNOR ANDREW M. CUOMO STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL LETITIA JAMES
by Gunnar Larson 04 Oct '24

04 Oct '24

Today Gunnar got out of bed and realized he has to stage a Pershing Square type of success out of the Middle East: https://www.hbs.edu/faculty/Pages/item.aspx?num=49778. AG James, once human rights start paying for themselves, everything changes. What was happening in Chelsa during this investigation is being hid from New Yorkers just like the Steele Dossier but WORSE. Gunnar Donald Arthur Peter Larson must keep his integrity Mr. Mayor Adams. And my situation is far more impactful than sneaking into first class... AG James, can you please confirm that the current Superintendent is not up to worse to the four highlights here? Gunnar ---- Four Highlights to REPORT OF INVESTIGATION INTO ALLEGATIONS OF SEXUAL HARASSMENT BY GOVERNOR ANDREW M. CUOMO STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL LETITIA JAMES: https://drive.google.com/file/d/1ZCy-8lHFc0AAihuWP8UpXg0LC4CkLnw_/view?usp=… EXECUTIVE SUMMARY We, the investigators appointed to conduct an investigation into allegations of sexual harassment by Governor Andrew M. Cuomo, conclude that the Governor engaged in conduct constituting sexual harassment under federal and New York State law. Specifically, we find that the Governor sexually harassed a number of current and former New York State employees by, among other things, engaging in unwelcome and nonconsensual touching, as well as making numerous offensive comments of a suggestive and sexual nature that created a hostile work environment for women. Our investigation revealed that the Governor’s sexually harassing behavior was not limited to members of his own staff, but extended to other State employees, including a State Trooper on his protective detail and members of the public. We also conclude that the Executive Chamber’s culture—one filled with fear and intimidation, while at the same time normalizing the Governor’s frequent flirtations and gender-based comments—contributed to the conditions that allowed the sexual harassment to occur and persist. That culture also influenced the improper and inadequate ways in which the Executive Chamber has responded to allegations of harassment.1 ---- Executive Assistant #1’s Hesitation to Report Governor Cuomo’s Conduct Executive Assistant #1 repeatedly testified that she felt she had to tolerate the Governor’s physical advances and suggestive comments because she feared the repercussions if she did not.183 She did not feel she could tell anyone, including her colleagues and her direct supervisors.184 In addition, the Governor had specifically told her—with respect to the selfie they took together—that she was not to share it or tell anyone about it other than Ms. McGrath.185 Executive Assistant #1 testified that she needed the income (including the overtime pay received from working on weekends), particularly as she was going through a divorce and was focused on not risking losing her job.186 Executive Assistant #1’s hesitance to report the Governor’s conduct was also informed by her observation of the Executive Chamber’s reactions to other women’s allegations against the Governor. In mid-to-late December 2020, Executive Assistant #1 personally witnessed what she felt were the Executive Chamber’s efforts to discredit the allegations of Ms. Boylan against the Governor, including by repeatedly describing Ms. Boylan as “crazy” and by trying to get Ms. Boylan’s personnel files to the press.187 Executive Assistant #1 recalled that Ms. DeRosa, Richard Azzopardi (the Senior Deputy Communications Director and Senior Advisor to the Governor at the time), and at times Linda Lacewell (the Superintendent of the Department of Financial Services) would be in Ms. DeRosa’s office during that period.188 They described Ms. Boylan as crazy and having a political agenda, and talk about shutting down Ms. Boylan’s allegations quickly.189 On or around December 13, 2020,190 while Executive Assistant #1 was assisting the Governor at the Capitol, she observed that Mr. Azzopardi was asked to retrieve a box from Beth Garvey, Senior Counsel and Senior Advisor to the Governor at the time, which Executive Assistant #1 helped carry from the Counsel’s Office to the Front Office in the Capitol.191 From the context of the discussions happening around that time, Executive Assistant #1 understood that the box contained documents relating to Ms. Boylan.192

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Linda A. Lacewell
by Gunnar Larson 04 Oct '24

04 Oct '24

Subject: Linda A. Lacewell https://new.mta.info/people/linda-lacewell Recommended by: Governor Appointed on: June 20, 2019 Term expired: January 1, 2023 Committee assignments: B&T (Chair), NYCT-MTA Bus, Finance, Corporate Governance, Diversity Linda A. Lacewell currently serves as Superintendent of the New York State Department of Financial Services. Lacewell previously served as Chief of Staff and Counselor to the Governor. In that role, she oversaw Executive Chamber operations, as well as ethics and law enforcement matters. Before that, Lacewell was Executive Director of a cancer foundation initiative in Culver City, California. Lacewell also served as Chief Risk Officer and Counselor to Gov. Cuomo, where she built and implemented the first statewide system for ethics, risk, and compliance in agencies and authorities. Lacewell was formerly Special Counsel to the Governor, as well as the architect of OpenNY, a state-of-the-art open data initiative. She also served as special counsel to Attorney General Cuomo, where she oversaw the public pension fund pay-to-play investigation and the out-of-network health insurance investigation, both of which led to nationwide systemic reform. Lacewell spent nine years as an assistant U.S. attorney for the Eastern District of New York, including two years on the Enron Task Force, and received the Henry L. Stimson Medal and the Attorney General's Award for Exceptional Service. Lacewell earned her B.A. from New College of the University of South Florida and her J.D. with honors from the University of Miami School of Law. She clerked for a United States District Judge for the Southern District of Florida. Lacewell serves as an adjunct professor at New York University School of Law, teaching ethics in government, and previously served as an adjunct professor of law at Fordham University School of Law, teaching international criminal law.

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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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