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The Common Law - Framing - Moral foundations
by Zenaan Harkness 16 Sep '16

16 Sep '16

An extract from the Annotated Constitution of the Commonwealth of Australia, at §326.8(2).8 (Annotation 326, paragraph 8): "Chancellor Kent does not regard the total denial of a common law jurisdiction in criminal cases as based upon satisfactory principles; and he cites with approval Du Ponceau’s opinion in favour of the distinction drawn by the Court below in United States v. Coolidge (§326.8(2).5). Du Ponceau maintains “that we have not, under our Federal Government, any common law considered as a source of jurisdiction; while on the other hand, the common law, considered merely as the means or instrument of exercising the jurisdiction, conferred by the Constitution and laws of the Union, does exist, and forms a safe and beneficial system of national jurisprudence. The courts cannot derive their right to act from the common law. They must look for that right to the Constitution and law of the United States. But when the general jurisdiction and authority is given, as in cases of admiralty and maritime jurisdiction, the rules of action under that jurisdiction, if not prescribed by statute, may and must be taken from the common law, when they are applicable, because they are necessary to give effect to the jurisdiction.” (Kent, Comm. i. 339.) " --- Now it is true that mainstream jurisprudence has fallen heavily in rulings over the last century or more upon the principle that the common law is no more than those precedents established in "democratic system" courts of "law", i.e. that common law is nothing more than the sum of judge-made law (precedents). This is classic conservative framing (a troll tool no less). When one reads and thinks a little deeper, there is another, more fundamental, principle which we must remind ourselves of: Notwithstanding the usurpation of the term "common law" as that of the law which can be understood by the common man and also abides by the common man's sense of right and wrong and what is commonly understood in a community to be actions within the boundaries of its mores, customs and morality, these "common man" standards, this definition of the common law as "those practices and customs of the community since time immemorial", is fundamental to fixing some of the problems with our "democratic" legal system. "Itellectuals" typically love to frame every debate in terms which accord with their naturally conservative positions. That is only ok to the extent that such conservative positions lead to conversations, foundations and principles which are supportive of "common man" morality and the "time immemorial" customs of "the community". --- Key principle for every human who appears in a "court of law": There is nothing before the court (not even laws) except that which is brought before the court. "The court" is synonmous with "the judge" or "the magistrate". The human who presides over a court proceeding, carries with them presumptions, such as: - s/he who appears, consents to the jurisdiction - the jurisdiction of the court is presumed - any challenge to the jurisdiction of the court must be avoided at all costs (this is big in Australia, particularly the lower courts - it's hard to get up on a jurisdictional challenge if you don't have your wits about you) (so these assumptions, presumption of jurisdiction, etc, -are- with the court, or part of the court if not challenged - unfortunately the courts are neither unbiased, nor free from being beholden to unlawful (and most challengingly, unspoken) authorities) So, unlawful/immoral jurisdictions, to be successfully challenged by an individual human, require a fair dose of rebutting all presumptions of jurisdiction, besides bringing before the court one's challenge to the jurisdiction. The only jurisdictions which one is morally obliged to submit to, are those jurisdictions which are not repugnant, i.e. those jurisdictions which accord full satisfaction to common morality and what might be termed the common law. Is it any wonder that "the common law" is a term which has been under attack for a very long time? --- Framing the conversation. It is the duty of those with conscience, knowledge of good and evil, to bring forth communication which upholds good and denounces evil. This requires challenging and "shooting down" those framings which directly undermine intended discussion on morality, as well as endeavouring to support and encourage communication which has moral foundations. All unspoken presumptions framing default support for the status quo (e.g. "the western regime"), particularly when used to set aside questions of what is right and what is wrong, are antithetical or opposed to the stability of our society, since with no foundation of right and wrong, with no support in the system for those who act from conscience, the system has become corrupted, most likely beyond repair. --- Good luck fellow humans.

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Coalition Seeks Obama to Pardon Snowden
by grarpamp 16 Sep '16

16 Sep '16

https://yro.slashdot.org/story/16/09/12/2150235/aclu-is-launching-a-campaig… https://pardonsnowden.org/ https://www.youtube.com/watch?v=QlSAiI3xMh4 https://www.amnesty.org/ https://www.hrw.org/ https://www.aclu.org/ The effort, which is organized by the ACLU, Amnesty International, and Human Rights Watch, will gather signatures from regular people and endorsements from celebrities. Snowden will speak by video link from Moscow at a press conference on Wednesday morning in New York, and an initial list of "prominent legal scholars, policy experts, human rights leaders, technologists and former government officials" in support of the cause will be released, according to a statement from the campaign. A presidential pardon would mean that Snowden could come home from Moscow, where he's lived for the past three years, without the fear of being prosecuted. He currently faces federal charges of violating the Espionage Act and stealing government property Older https://petitions.whitehouse.gov/petition/pardon-edward-snowden

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Cultural Marxism – Social Chaos
by Zenaan Harkness 15 Sep '16

15 Sep '16

This is a link packed quick ref for those who might want to get up to speed with a few concepts. So although short, for those not up to speed, perhaps schedule a good hour or so. Cultural Marxism – Social Chaos 'I believe in nothing and am tolerant of everything!' Understanding the Social Chaos in Western Society "A summary of the social chaos of cultural Marxism - sold as a multicultural, diverse and equality based utopia" http://russia-insider.com/en/politics/understanding-social-chaos-western-so… (The author is a UK citizen and an English and social science teacher living in SE Asia. Не currently works in China)

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UK: Censors, Tracks and Balkanizes Its Internet; 10yrs for Pirates
by grarpamp 15 Sep '16

15 Sep '16

https://yro.slashdot.org/story/16/09/14/1420226/gchq-planning-uk-wide-dns-f… UK surveillance agency GCHQ is exploring the use of a national 'firewall' in its fight against cybercrime, according to the organisation's head of cybersecurity. Alongside BT, Talk Talk and Virgin Media, GCHQ will work to filter out websites and email campaigns which are known to contain malicious content. The intelligence organisation believes that the best to way to set up such a blockade would be to build a national domain name system (DNS). In a speech delivered at the Billington Cyber Security Summit in Washington DC, director general for cyber security at GCHQ, Ciaran Martin, said: 'We're exploring a flagship project on scaling up DNS filtering: what better way of providing automated defences at scale than by the major private providers effectively blocking their customers from coming into contact with known malware and bad addresses?' https://yro.slashdot.org/story/16/09/14/1512257/10-years-in-prison-for-onli… The UK Government's Digital Economy Bill has moved a step closer to becoming law after its second reading in Parliament. With unanimous support, the current two-year maximum custodial sentence for online piracy is almost certain to increase to a decade, TorrentFreak reports. From the article: Due to UK copyright law allowing for custodial sentences of 'just' two years for online offenses, anti-piracy groups such as the Federation Against Copyright Theft have chosen to pursue their own private prosecutions. These have largely taken place under legislation designed for those who have committed fraud, rather than the more appropriate offense of copyright infringement. Physical pirates (CDs, DVDs) can be jailed for up to 10 years under current legislation. During the past few years, there have been lobbying efforts for this punishment to apply both on and offline. That resulted in a UK Government announcement last year indicating that it would move to increase the maximum prison sentence for online copyright infringement to ten years. They also urge Google to do something about growing incidents of piracy.

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Democracy Now: Dakota and Snowden
by grarpamp 15 Sep '16

15 Sep '16

http://www.democracynow.org/2016/9/12/north_dakota_v_amy_goodman_arrest In other Dakota Access pipeline news, last Thursday, Morton County, North Dakota, issued an arrest warrant for Amy Goodman. The charge: criminal trespass, http://www.democracynow.org/2016/9/14/journalist_hillary_clintons_criticism… Is Hillary Clinton's Criticism of Edward Snowden a Distraction from Real Issue of Surveillance? http://www.democracynow.org/2016/9/14/obamas_war_on_whistleblowers_forced_e… WikiLeaks founder Julian Assange sits down with Democracy Now! inside the Ecuadorean Embassy in London, where he has been living in political asylum for over two years.

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Chelsea Manning
by grarpamp 15 Sep '16

15 Sep '16

https://twitter.com/xychelsea http://chelseamanning.org/ https://medium.com/@xychelsea http://www.theguardian.com/profile/chelsea-e-manning freechelsea.com https://actionnetwork.org/petitions/save-chelsea https://actionnetwork.org/groups/fight-for-the-future

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Assange: Journalist Are War Criminals
by grarpamp 15 Sep '16

15 Sep '16

https://www.youtube.com/watch?v=RsgSifdbtas&t=2m34s Julian #Assange If Wars can be Started by Lies Peace can be started by Truth

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Pirate Party: 10yrs Old
by grarpamp 15 Sep '16

15 Sep '16

> https://yro.slashdot.org/story/16/09/14/1512257/10-years-in-prison-for-onli… > The UK Government's Digital Economy Bill has moved a step closer to > becoming law after its second reading in Parliament. With unanimous > support... ... Pirates are still flying their own flag of law: https://www.youtube.com/watch?v=HXIoERXUGzE https://www.youtube.com/watch?v=IFBnDx6FEzk http://lolp1.de.c3cdn.com/wp/wp-content/uploads/2016/02/dubioza_kolektiv.png http://dubioza.org/ https://www.youtube.com/watch?v=PXEP_ke2-Dg The DK full set seems to be taken down whenever posted, go figure. https://en.wikipedia.org/wiki/Pirate_Party http://falkvinge.net/pirate-wheel/

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Chelsea Manning Told She Will Receive Gender Transition Surgery
by Cecilia Tanaka 15 Sep '16

15 Sep '16

Chelsea Manning (@xychelsea) tweeted at 8:31 PM - 13 Sep 2016 : Unending relief: .mil does right thing; just let me be me https://t.co/wO8Nf1xwMx ====== Chelsea Manning Told She Will Receive Gender Transition Surgery, Her Lawyer Says The military’s decision — which the military will not confirm — follows a recommendation made by Manning’s psychologist more than five months ago. Originally posted on September 13, 2016, 22:24 GMT Updated on September 13, 2016, 23:56 GMT Chris Geidner BuzzFeed News Reporter WASHINGTON — Army officials today informed Chelsea Manning that they will provide her with gender transition surgery, her lawyer tells BuzzFeed News. A lawyer for Manning, the ACLU's Chase Strangio, spoke with Manning on Tuesday after she was informed of the military's decision. Manning, serving a 35-year prison sentence for violating the Espionage Act, received a recommendation from her psychologist in April that she receive surgery related to her gender dysphoria. “I am unendingly relieved that the military is finally doing the right thing. I applaud them for that. This is all that I wanted – for them to let me be me,” Manning said in a statement provided by her lawyers. "But it is hard not to wonder why it has taken so long. Also, why were such drastic measures needed? The surgery was recommended back in April 2016. The recommendations for my hair length were back in 2014," Manning continued in the statement. "In any case, I hope this sets a precedent for the thousands of trans people behind me hoping they will be given the treatment they need." Strangio said that Manning was told on Tuesday that the military made a determination that the Department of Defense's instruction for "In-Service Transition" applies to her. Additionally, according to Strangio, Manning was shown a treatment plan that included information about surgery and the medical team necessary to move forward with that surgery. Strangio added, however, that Manning was told that she must continue to keep her hair short, as required under male grooming standards, until she receives the surgery. Asked to confirm the information provided by Manning's lawyer, Army spokesperson Wayne Hall told BuzzFeed News only, "We cannot and will not discuss the medical needs of individuals." The decision ends a hunger strike that Manning began on Sept. 9, but it does not, at this point, end a hearing scheduled for Manning on Sept. 20 relating to charges resulting from Manning's suicide attempt earlier this summer. "Thankfully the government has recognized its constitutional obligation to provide Chelsea with the medical care that she needs and we hope that they will act without delay to ensure that her suffering does not needlessly continue," Strangio said in a statement. Strangio added, however, that Tuesday's news doesn't alleviate all of the concerns of Manning's lawyers. First, he said, they will continue to monitor the situation to see how quickly the military moves forward with the recommended surgery. Second, Strangio noted, "Certainly, we're going to move forward with our litigation on the hair issue, as that remains a matter of concern." Finally, Strangio said it is the hope of Manning's lawyers that "all charges related to her suicide attempt and the investigation that followed are dropped." No prison inmate — at the state or federal level — has received gender transition surgery. The issue of gender has been highly charged, leading to extensive litigation even in more traditionally liberal states like Massachusetts and California. Although a settlement reached in a California case brought by the Transgender Law Center provided for surgery for Shiloh Quine, Quine's lawyers told BuzzFeed News on Tuesday that the surgery is set for this fall but has not yet happened. Activists opposed to Manning's imprisonment updated an ongoing petition after the announcement of Tuesday's news, stating, "Chelsea Manning ends hunger strike after Army agrees to provide her with needed health care. But they're still threatening to punish her for attempting to take her own life." UPDATE This report has been updated with information about health care for transgender people in prison and activists’ efforts on Chelsea Manning’s behalf. 2016-09-13 19:56:27 ======== I am singing "She is a Lady" and I bet that Steve Kinney is very happy and singing to celebrate too, hihi! ;) I love Chelsea. I love you, Steve. And I love the cypherpunks list! <3

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Niggers
by rooty 14 Sep '16

14 Sep '16

https://www.youtube.com/embed/QwCCj8Dx-gk

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