Sunday, February 22, 2009

A U.S. Court of Appeals on Friday has declared unconstitutional California Assembly Bills 1792 & 1793, the California “ultraviolent video games law” that sought to ban the sale or rental of violent video games to minors.

Federal judge Consuelo M. Callahan has ruled that the 2005 statewide ban, which has yet to be enforced, violates minors’ rights under the US Constitution’s First and 14th amendment because even the most graphic on-screen mayhem, video game content represents free speech that cannot be censored without proper justification.

The Court has ruled that there’s no convincing evidence it causes psychological damage to young people. The 3-0 judgment has affirmed an earlier ruling by a U.S. District Court, which barred enforcement of the law on the basis that it was “unduly restrictive” and “used overly broad definitions,” and that the state failed to show that the limitations on violent video games would actually protect children.

In 2005, Leland Yee (???), a California State Senator (in District 8 which includes the western half of San Francisco and most of San Mateo County), Speaker pro Tempore of the Assembly (D-San Francisco/Daly City), introduced California Assembly Bills 1792 & 1793 which barred “ultra-violent” video games from minors under the age of eighteen in California and mandated the application of ESRB ratings for video games.

“California Assembly Bills 1792 & 1793” were commonly called the “ultraviolent video games bills” or simply “video game ban” bills. Bill 1792 banned the sales of such video games while Bill 1793 required signs explaining the regulations on said games to be placed where such were sold. Both bills were passed by the Assembly and signed by Governor Arnold Schwarzenegger into law (AB 1179) on October 7, 2005.

Explicitly, these two bills provided that:

• AB 1792 will place ultra-violent video games into the “matter” portion of the penal code, which criminalizes the sale of said material to a minor.

• AB 1793 will require retailers to place M-rated games separate from other games intended for children, and will also require retailers to display signage explaining the ESRB rating system.

Yee, a former child psychologist has publicly criticized such games as Grand Theft Auto: San Andreas and Manhunt 2, and opposes the U.S. Army’s Global Gaming League.

On October 17, 2005, before the effectivity of the challenged Act, plaintiffs Video Software Dealers Association, the not-for-profit international trade association dedicated to advancing the interests of the $32 billion home entertainment industry and Entertainment Software Association, a 1994 US trade association of the video game industry have filed lawsuit (D.C. No. CV-05-04188-RMW) against the defendants Governor Arnold Schwarzenegger, CA Attorney General, Edmund G. Brown, Santa Clara County District Attorney George Kennedy, City Attorney for the City of San Jose, Richard Doyle, and County Counsel for the County of Santa Clara, Ann Miller Ravel.

Plaintiffs’ counsel, Jenner & Block‘s Paul M. Smith has filed a declaratory relief to invalidate the newly-enacted California Civil Code sections 1746-1746.5 (the “Act”), on the grounds that it allegedly violated 42 U.S.C. § 1983 and the First and Fourteenth Amendments.

Plaintiffs have submitted that “the Act unconstitutionally curtailed freedom of expression on its face based on content regulation and the labeling requirement, was unconstitutionally vague, and violated equal protection. California’s restrictions could open the door for states to limit minors’ access to other material under the guise of protecting children.”

By December 2005, both bills had been struck down as unconstitutional, by Ronald M. Whyte, District Judge, Presiding in the United States District Court for the Northern District of California in San Jose, thereby preventing either from going into effect on January 1, 2006.

Judge Whyte has granted plaintiffs’ motion for a preliminary injunction in “Video Software Dealers Ass’n v. Schwarzenegger,” 401 F. Supp. 2d 1034 (N.D. Cal. 2005), and cross-motions for summary judgment, in “Video Software Dealers Ass’n v. Schwarzenegger,” No. C-05-04188, slip op. (N.D. Cal. Aug. 6, 2007).

Similar bills were subsequently filed in such states as Illinois, Oklahoma, Minnesota, Michigan and Louisiana have been ruled to be unconstitutional by federal courts on First Amendment grounds, according to Sean Bersell, a spokesman for the Entertainment Merchants Association.

The defendants, in the instant Case No. 07-16620, have timely appealed the judgment. On October 29, 2008, the appealed case was argued and submitted to the Sacramento, California‘s U.S. Court of Appeals, hence, the promulgation of the instant 30 pages decision (No. 07-16620; D.C. No. CV-05-04188-RMW) by Alex Kozinski, Chief Judge, Sidney R. Thomas and Consuelo M. Callahan (who wrote the court’s opinion), United States Court of Appeals for the Ninth Circuit Judges.

In the ban’s defense, Deputy Attorney General for the State of California, Zackery Morazzini has contended that “if governments restrict the sale of pornography to minors, it should also create a separate category for ultra-violent video games.” Edmund Gerald “Jerry” Brown, Jr., California Attorney General, has also argued that “the Court should analyze the Act’s restrictions under what has been called the ‘variable obscenity’ or ‘obscenity as to minors’ standard first mentioned in Ginsberg, 390 U.S. 629. The Court’s reasoning in Ginsberg that a state could prohibit the sale of sexually-explicit material to minors that it could not ban from distribution to adults should be extended to materials containing violence.”

The “Fallo” or dispositive portion of the judgment in question goes as follows:

“We need to help empower parents with the ultimate decision over whether or not their children play in a world of violence and murder,” said the law’s author, Sen. Leland Yee, announcing he wanted Edmund Gerald “Jerry” Brown, Jr., the current Attorney General and a former governor of the State of California, to appeal the decision to the U.S. Supreme Court.

“Letting the industry police itself is like letting kids sign their own report cards and that a self regulating system simply doesn’t work. I’ve always contended that the … law the governor signed was a good one for protecting children from the harm from playing these ultra-violent video games. I’ve always felt it would end up in the Supreme Court,” Sen. Yee explained. “In fact, the high court recently agreed, in Roper v. Simmons (2005), that we need to treat children differently in the eyes of the law due to brain development,” he added.

According to Michael D. Gallagher, president of the Entertainment Software Association, plaintiff, the Court’s ruling has stressed that parents, with assistance from the industry, are the ones who should control what games their children play. “This is a clear signal that in California and across the country, the reckless pursuit of anti-video game legislation like this is an exercise in wasting taxpayer money, government time and state resources,” Gallagher said in a statement.

Entertainment Software Association members include Disney Interactive Studios, Electronic Arts, Microsoft Corp, THQ Inc, Sony Computer Entertainment America, and Take-Two Interactive Software, the maker of “Grand Theft Auto” games.

Judge Callahan has also reprimanded state lawyers for having failed to show any reasonable alternatives to an outright statewide ban against the ultra-violent video games. “Ratings education, retailer ratings enforcement, and control of game play by parents are the appropriate responses to concerns about video game content,” said Bo Andersen, president and chief executive of the Entertainment Merchants Association.

Andersen continues, “retailers are committed to assisting parents in assuring that children do not purchase games that are not appropriate for their age. Independent surveys show that retailers are doing a very good job in this area, with an 80 percent enforcement rate, and retailers will continue to work to increase enforcement rates even further; the court has correctly noted that the state cannot simply dismiss these efforts.”

California was already forced to pay $282,794 to the ESA for attorneys’ fees, money that would’ve helped with the state’s current budget difficulties. Andersen has urged California government officials not to appeal the case. “The estimated $283,000 in taxpayer money spent by the state on this case is so far an ‘ill-advised, and ultimately doomed, attempt at state-sponsored nannyism.’ A voluntary ratings system already exists to avoid the state-sponsored nannyism of a ban,” he explained.

“The governor believes strongly we have a responsibility to our children and our communities to protect against the effects of video games depicting ultra-violent actions,” said Governor Schwarzenegger spokeswoman Camille Anderson adding the governor was reviewing Friday’s decision.

Deputy Attorney General Zackery Morazzini, the state’s counsel in the appealed case, has stressed that “a law restricting sales of violent games is far more effective than industry self-policing, since the technological controls that the court cited as another alternative can be easily bypassed by any kid with an Internet connection.”

According to Jim Steyer, Founder of Common Sense Media, a non-profit organization of 750,000 regular users dedicated to improving children’s media lives, researches have shown that playing these violent video games are detrimental for kids mental and physical health. “The health threat involved with kids playing such games is equivalent to smoking cigarettes,” Steyer said. “These violent video games are learning tools for our children and clearly result in more aggressive behavior,” said Randall Hagar, California Psychiatric Association’s Director of Government Affairs.

The Federal Trade Commission‘s data reveals that “nearly 70 percent of thirteen to sixteen year olds are able to purchase M-rated (Mature) video games, which are designed for adults; ninety-two percent of children play video or computer games, of which about forty percent are rated M, which are the fastest growing segment of the 10 billion-dollar video game industry; the top selling games reward players for killing police officers, maiming elderly persons, running over pedestrians and committing despicable acts of murder and torture upon women and racial minorities.”

Friday, April 10, 2015

The approval ratings of UK Labour leader Ed Miliband rose above those of his Conservative opponent, David Cameron, for the first time in this year’s bitterly fought general election campaign. The poll results showed support for the Labour Party was also rising.

A poll by Panelbase yesterday showed Labour six points ahead; a similar survey by Survation for the Daily Mirror showed Labour four points ahead of the Conservatives. This latter poll was mixed for the Labour leader as it showed only 25% of voters were convinced Miliband was suited to the job of Prime Minister while 37% preferred David Cameron, but it also shows that people preferred Miliband’s recent conduct as party leader to Cameron’s. A poll by TNS found a three point lead for Labour.

ComRes polling indicated the eventual outcome of the election is too close to call, projecting the Conservatives with 34% of the vote and Labour 33%.

Following the poll results, the Conservative Party fired a volley of negative remarks towards Labour. Defense secretary Michael Fallon said Ed Miliband would end up signing up for “a grubby backstairs deal” with the Scottish National Party (SNP) which would lead to the cancellation or non-renewal of the Trident nuclear submarine programme. The Labour Party have stated they support the continuation of Trident and will not negotiate on Trident with the SNP.

Fallon’s comments on Trident were backed up by David Cameron.

The Labour Party counter-claimed a deal between the Conservatives and Liberal Democrats had put the cost of Trident renewal up by £1.4bn.

Miliband responded to Fallon’s comments: “Michael Fallon is a decent man, but today I think he has demeaned himself and he has demeaned his office. National security is too important to play politics with and I will never compromise national security.”

Former Labour leader Tony Blair said Fallon’s remarks hinted at desperation: “The Tories were up to their old tricks in their personal attack on Ed this morning. I remember the ‘demon eyes’ poster of 1997. It is always a sign of desperation and it will backfire. It shows how nervous they are of a Labour campaign full of confidence, which is showing that it understands the challenges facing working people and how to overcome them. The more they indulge in these tactics the better we should feel.”

Liberal Democrat Vince Cable expressed his displeasure at Fallon’s remarks, saying it was “an appalling way to conduct the argument”.

The two main parties have also proposed a number of new ideas for policy. Labour’s Yvette Cooper is to formally announce a new policy today to protect 10,000 police officers’ jobs by eliminating elected Police and Crime Commissioners and gun licensing subsidy, and sharing of police back-office services and procurement. The Labour crime and justice manifesto also includes creating a new commission on sexual and domestic violence, banning “legal highs”, and reforming prisons to introduce more education and work for prisoners.

Conservative Cameron pre-announced a proposal to change the rules so workers in the public sector and for companies with 250 employees or more — which between the two is estimated to be around half the work force — would be entitled to three days of paid volunteering leave per year. In prepared remarks, Cameron is to call the move represents the “clearest demonstration of the Big Society in action”. This marks a return of the language of the ‘Big Society’ which had slowly disappeared from use since the last election.

Thursday, March 31, 2005A report Tuesday from a United Nations-backed project, consulting more than 1,300 scientists from 95 countries, and written over the last four years, warns that 60 percent of the basics of life on Earth — water, food, timber, clean air — are currently being used in ways which degrade them. Furthermore, fisheries and fresh water use-patterns are unsustainable, and getting worse.

“The harmful consequences of this degradation could grow significantly worse in the next 50 years,” according to a press release from the Millennium Ecosystem Assessment (MA), a massive four-year study begun in 2001.

“We’ve had many reports on environmental degradation, but for the first time we’re now able to draw connections between ecosystem services and human well-being,” Cristian Samper, director of the Smithsonian Institution’s National Museum of Natural History in Washington and a chief architect of the study, told the Christian Science Monitor.

The project’s Synthesis Report, first in a series of eleven documents and published yesterday, explains the objective: “to assess the consequences of ecosystem change for human well-being and to establish the scientific basis for actions needed to enhance the conservation and sustainable use of ecosystems and their contributions to human well-being.”

It then goes on to report on four main findings:

• Changes over the last 50 years to meet rapidly growing demands for food, fresh water, timber, fiber and fuel, have effected substantial and largely irreversible loss in the diversity of life on Earth.

• Net gains in human well-being and economic development are offset by growing costs, in the form ecosystem degradation, the possibility of abrupt and unpredictable ecosystem changes, and worsened poverty for some groups. Unless addressed, these problems will substantially diminish the benefits that future generations obtain from ecosystems.

• Ecosystem degradation could grow significantly worse over the next 50 years, presenting a barrier to meeting UN Millennium Development Goals.

• The challenge of reversing the degradation while meeting increasing ecological demands can be partially met under some scenarios, but only with significant changes in policies, institutions and practices — changes that are not currently under way.

Walter Reid, the study’s director, speaking at yesterday’s London launch of the report said it shows that over the last 50 years “humans have changed ecosystems more rapidly and extensively than in any comparable time in human history.”

“This has resulted in substantial and largely irreversible loss in the diversity of life on Earth,” he said.

It is unclear what this will mean to future generations or the possible emergence of new diseases, absence of fresh water and the continuing decline of fisheries and completely unpredictable weather.

With half of the urban populations of Africa, Asia, Latin America and the Caribbean suffering from several diseases associated with these problems, the death toll is reaching 1.7 million people a year. Entire species of mammals, birds and amphibians are disappearing from the planet at nearly 1,000 times the natural rate, according to the study. Oxygen-depleted coastal waters and rivers result from overuse of nitrogen fertilizer – an effect known as “nutrient loading” which leads to continuing biodiversity loss.

With the United States’ non-participation in the Kyoto Treaty, former U.S. Senator Timothy Wirth, president of this U.N. Foundation, says “U.S. leadership is critical in providing much-needed expertise, technological capabilities and ingenuity to restore ecosystems.

“We can take steps at home to reduce our nation’s adverse impact on the global environment.”

“At the heart of this assessment is a stark warning,” said the 45-member board.

Tuesday, December 10, 2013

Embassies and high commissions across the city of London, United Kingdom have lowered their flags today in honour of the death of Nelson Mandela. The former president of South Africa passed away last Thursday at his home, aged 95.

Sunday, October 24, 2010

Eight months after a catastrophic earthquake, Wikinews has investigated the devastation caused in February and the reconstruction of Pichilemu, Chile. The February 27 earthquake and a subsequent tsunami completely destroyed Pichilemu’s most coastal street and its oldest villages. Wikinews has also had access to the original design plans of the new kiosks in Pichilemu, and conducted an interview with merchant Alejandro Mella, known locally as the King of the Cochayuyo (“El Rey del Cochayuyo”), who lost his kiosk after the earthquake.

Pichilemu is a coastal city in the O’Higgins Region of Chile, known as one of the “best surfing spots” in South America. Its current Mayor is Roberto Córdova Carreño, who was elected internally by the Councillors of the city in September 2009, after several political controversies that ended with three Mayors being displaced.

The territory of Pichilemu has a surface of 7,491 square kilometers, and comprises at least 24 villages, such as Ciruelos, Rodeíllo and Espinillo (the latter two also severely damaged by the March 11 earthquake). Pichilemu is the most popular beach in O’Higgins Region, and many tourists visit it every summer.

The earthquake took place in what is considered the “last weekend in the summer;” on Saturday, February 27, 2010 at 03:34 local time (06:34 UTC), while almost all Chileans were sleeping. Hours earlier, on Friday, thousands of people had arrived at Pichilemu. “The house moved from side to side. I really thought it was going to fall. It was 3 or 4 minutes long,” Diego Grez, a Chilean student who was in Pichilemu at the time of the quake, told Wikinews in an interview.

A concert was being held at the One Discotheque when the earthquake occurred. It is said that the audience panicked and fled outside the discothèque, and then to the La Cruz Hill. Most tourists fled outside the city right after the earthquake occurred, but many others opted to stay in the La Cruz Hill or the village of Pueblo de Viudas, which are the higher points in the city.

“Pichilemu is the symbolic beach resort in the Sixth Region [of O’Higgins], so it was not strange to even think that [during] the last weekend before the entrance to school, many people would be going to take advantage of it to take a vacation; and that’s what happened,” reported El Rancagüino, the most important newspaper in O’Higgins Region, on February 28.

The only radio broadcasting in the area was Entre Olas, directed by Jorge Nasser, which also helped Pichileminians know what happened in other affected places by the earthquake, as they re-broadcasted the audio of Televisión Nacional de Chile (National Television of Chile). On the day of the earthquake, the station reported that a local police truck had crashed near La Cruz Hill. There was no tsunami warning, and Mayor Córdova was away on holiday when the earthquake struck.

“Those who live in Pichilemu, and those who were visiting it, were surprised by the giant waves that annihilated its beach and reached the city’s square, destroying everything on their way,” reported El Morrocotudo on February 28. “The most tough thing occurred when the firefighters’ alarms sounded twice, and the people in the hill began to yell ‘tsunami!’,” journalist Tania Arce told the newspaper.

The earthquake destroyed one of Pichilemu’s oldest and iconic buildings, the post office, which was demolished in July. The urban centre of Pichilemu was not severely damaged by the earthquake, but its subsequent tsunami caused most of the destruction. The Agustín Ross architecture in the city (three of his buildings are National Monuments of Chile) was damaged. Agustín Ross Balcony was completely destroyed.

According to SHOA, the Hydrographic and Oceanographic Service of the Chilean Navy, the tsunami triggered by the earthquake first reached Pichilemu, at 03:48 (06:48 UTC). A second wave came at 04:15 (07:15 UTC).

Policeman José Arévalo was the only person to warn residents that a tsunami was approaching. Arévalo was patrolling the Las Terrazas beach, when the earthquake occurred. He told El Rancahuaso there were around 25 people in the beach. “Right after the quake, he noticed the sea had shrank around 500 meters inside. He took his megaphone, and shouted people should leave the place instantly.” “The sea is coming out! The sea is coming out!,” he shouted. “The warning was also preceived by nightclubs and pubs surrounding the costanera. Then, the tragedy occurred. The sea destroyed everything on its way,” El Rancahuaso reported. “It all was really quick. Everyone is safe, luckily [..] It’s something unforgettable to me, I’m proud I saved all of those lives,” Arévalo added.

The tsunami destroyed restaurants, hotels, kiosks, the Fishermen Store (Caleta de Pescadores), surf schools, the Agustín Ross Balcony (located right in front of the Las Terrazas beach) and houses near the costanera (the nearest street to the beach), and flooded the building of the Government of Cardenal Caro Province, the boarding school of Pichilemu, the city square (Arturo Prat Square), and the Supermarket El 9.

A local worker, Ricardo Vivanco, also known as “El Gordo” (“The Fat one”), almost was killed by a tsunami, ignoring warnings by the Police and the Fire Bureau. Vivanco was drunk, and went down to the Las Terrazas beach with his friends. The wave washed him away, and was hit on the Agustín Ross Balcony’s wall. His friends recorded a video and uploaded it to YouTube.

It was reported by Radio Entre Olas on February 27, that the tsunami had provoked massive damage in Punta de Lobos, Pichilemu’s most popular beach. The owner of Entre Mar, an hotel and restaurant in that beach, said the tsunami had destroyed all of his buildings there.

The village of Espinillo was badly damaged, and approximately 600 people were made homeless by the earthquake, Teletrece reported on March 16. “We are keeping the government informed, we’re also organized with some churches [sic, religious organizations] that are working voluntarily in Espinillo, Los Boldos, Alto Ramírez […] We thank a lot their work, that is not to give them mediaguas [temporary tenements], but something definitive, but I also think they need resources to do it,” Mayor Córdova said.

On March 11, Chile was hit by a second earthquake, that reached a magnitude of 6.9, and that occurred 40 kilometers southwest of Pichilemu. It occurred at 11:39 local time (14:39 UTC), while the new President Sebastián Piñera was sworn in.

A tsunami warning was issued by SHOA, between Coquimbo and Los Lagos regions. People in Pichilemu fled again to La Cruz Hill. Military authorities assured people in the hill they were going to be safe there, and that it was unlikely a tsunami was going to hit again Chile’s coast. The tsunami warning was lifted at 15:50 local time (18:50 UTC).

People stayed in La Cruz Hill for a longer time than after the previous earthquake, and several activities were made there, such as a concert by Chilean-Brazilian singer Joe Vasconcellos. People were also given food, wood (mostly remains from the destroyed kiosks), and electricity.

“We are here because we fear about our safety. We don’t want it [a possible tsunami] to catch us. We have to settle down here and to accommodate,” Edith Larraín told to Wikinews. Mayor Córdova estimated that at least 2,000 people were staying at La Cruz Hill. Militaries and provincial authorities asked them to leave the hill on March 15, but most refused the deal. People eventually left the hill, due to complaints by the Mayor.

On March 20, in collaboration with the Governor of Cardenal Caro Julio Ibarra, Colonel Raúl Melo, and the Mayor of Litueche Bernardo Cornejo, Mayor of Pichilemu Roberto Córdova announced a “tourism revival campaign” of Pichilemu, promoting the surf practice, whose goal was “to make the city go back to the normality.”

On April 4, the first monument was erected in memory of the earthquake and tsunami victims. The monument was created by local artisans, with rocks from several places of the Cardenal Caro Province. “We wanted to create this monument so we don’t forget it [the earthquake] […] This is the beginning of the reconstruction,” said Julio Ibarra. The monument was placed in front of the beach, near the building of the Cardenal Caro Government. Mayor Roberto Córdova said that “it definitely will help us reconstruct [ourselves] espiritually, [and that] is essential.”

On October 20, with the help of the Government, SERCOTEC (Technical Cooperation Service, Servicio de Cooperación Técnica) and FOSIS (Solidarity and Social Investment, Fondo de Solidaridad e Inversión Social), the Fishermen Store (Caleta de Pescadores) began to be reconstructed. Caleta de Pescadores is administered by the Independent Labour Union of Fishermen of Pichilemu (Sindicato de Trabajo Independientes de Pescadores Artesanales), which has twenty-three members.

“The Government of President Sebastián Piñera has been worried about the fishing area, carrying out several actions in help of them, after all that they’ve suffered after the earthquake and tsunami that hit them […] This area is working normally again,” Governor Ibarra said.

On October 6, the Municipality of Pichilemu published the design of kiosks that were going to be constructed, as replacement of those destroyed by the earthquake. As of October 23, four kiosks have been constructed in Pichilemu, specifically on Las Terrazas beach, and two more are being constructed. According to Mauricio Grez, a construction engineer, the construction of one kiosk would cost up to US$ 2,500 (CLP 1,000,000).

Alejandro Mella, locally known as “el Rey del Cochayuyo” (“the King of the Cochayuyo”), is a merchant of Pichilemu, who promotes the cochayuyo (durvillaea antarctica), and lost his kiosk after the February earthquake and tsunami. “I was given my [former] kiosk by the Mayor Orlando Cornejo, back in 1993. It was right in front of us [in front of Las Terrazas beach, near “the grotto of the Virgin”], and was made smithereens by the tsunami,” he told Wikinews.

“I have always worked on selling cochayuyo here, and the terrain where my kiosk was located before has been disputed by private people, and the municipality approved that. I talked with the Mayor and he said ‘I don’t know what’s going on the beach’; that left me perplexed. […] I like the new design of the kiosks, they are larger, and we can do more things with it, but they are way too expensive,” he added. Mr. Mella also gave Wikinews a sample of his work as “the King of the Cochayuyo”, an essay called “El cochayuyo es una mina repleta de nutrientes y sales minerales” (“Cochayuyo is a mine full of nutrients and mineral salts”, pictured below), which he sells for 200 Chilean pesos (0.41 US$), and that contains “tips and information about the plant, and some recipes.”

Sunday, January 2, 2011

A ban on smoking in public places has gone into force in Spain today. Bars, restaurants, and nightclubs will now be smoke-free across the country.

The Spanish government had introduced voluntary regulations on smoking in 2006 which allowed for venues to ban smoking, but few chose to do so. The 2006 law also banned smoking at workplaces.

Spain now joins Ireland, the United Kingdom, France, and Italy in banning smoking in enclosed public places.

Leire Pajin, the Spanish health minister, said the law marked “a decisive step in the defence of the health of the Spanish people”, but some industry representatives have expressed concern that business will go down following the ban.

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