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Treasury should have declared overspend by law - OBR

Its chair says officials have questions to answer as to why details of an overspend were not shared.




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Woman's death should not have happened - coroner

The 87-year-old woman died hours after being knocked over by the downwash of the landing helicopter.




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People who misuse Blue Badges 'should be worried'

Salford City Council also says it will name and shame people found to be misusing Blue Badges.




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Church abuse report should 'shake us to the core'

The Bishop of Chelmsford says Justin Welby has taken responsibility for his "failures".




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'Pension credit payment weight off our shoulders'

Pensioners Eddie and Maggie, from Wallsend, will get £10,000 a year after they were helped to apply.




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Should gay roles be played by gay actors?

Today’s social media controversy comes courtesy of former Doctor Who show-runner Russell T Davies who has gone on record in an interview that he believes gay roles should generally be played by gay actors. As you might expect, the response to this argument has been both immediate and strong. Some people have argued that it’s […]




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4 must-have assets that marketers should create to support sales activities

Peter Drucker, ‘the founder of modern management’ said:




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Why Scotland should not make sex work illegal

UPDATE: MSPs have voted that Grant's bill will have to go to consultation and will not be fast-tracked. Which is good news. But the fight is not over, and expect more to come when the consultation hits.

At the same time that the Moratorium 2012 campaign kicks off in London, spearheading a common-sense approach to sex work, there appears a bid in Scotland to try to make prostitution illegal. Just to recap: soliciting, running a brothel, and kerb crawling are already illegal (as too are trafficking and sexual exploitation of children). Exchanging sex for money at this point is not. Not yet.

Labour MSP Rhoda Grant claims "Scotland should become an unattractive market for prostitution and therefore other associated serious criminal activities, such as people trafficking for sexual exploitation, would be disrupted." Grant is, unfortunately, badly informed and wrong. I'm going to keep this one short and sweet because the points are pretty straightforward...

Scotland does not have a sex trafficking epidemic

Sex trafficking is the excuse frequently given these days to harass and criminalise sex workers. Problem is, it's not remotely the "epidemic" they would have you believe. If you're not already up to speed on the whys and wherefores, I highly recommend reading Laura Agustin's work on this. Or if I may be so cheeky to suggest you could also buy my book. 

Specifically, it is not happening in Scotland“In Scotland, to the best of my knowledge, we don't have a conviction for human trafficking,” said police constable Gordon Meldrum. Meldrum had previously claimed research “proved” the existence of 10 human trafficking groups north of the border, and 367 organised crime groups with over 4000 members. “We had one case which was brought to court previously but was abandoned. My understanding is it was abandoned due to a lack of evidence, essentially.” Strange how the evidence seemed to disappear precisely when someone was asked to produce all these fantasy baddies, isn't it? 

It's not only Scotland where the trafficking hype falls flat though: investigation throughout the UK has comprehensively failed to find any supposed sex trafficking epidemic.

Not convinced by the evidence? Then consider this: criminalising sex workers and their clients removes the most reliable information sources police have for investigating abuses. Police don't have a great track record on this: In interviews by the Sex Workers Project with 15 trafficking survivors who experienced police raids, only one had been asked by law enforcement if she was coerced, and only after she was arrested. SWOP-NYC make this case clearly.

Criminalising sex work has been shown in Scotland to make criminal activity worse

Criminalisation has all kinds of effects on the behaviour of sex workers, but unfortunately, none of those effects are good. Fear of police forces sex workers to get into clients’ cars quickly, and possibly be unable to avoid dangerous attackers posing as clients. When vigilantes and police roam the pavements, sex workers wait until the wee hours to come out, making them more isolated and vulnerable to harm.

Such an approach can also result in a transfer of activity from streetwalking to other ways of getting money. High-profile crackdown results in repeated arrests of prostitutes, which translate to fines that sex workers, now burdened with criminal records, are unable to pay except by more prostitution or by fraud, shoplifting, and dealing drugs.

Take Aberdeen, for instance. From 2001 onward, the city had an established tolerance zone for sex workers around the harbour. That ended with passage of the Prostitution (Public Places) (Scotland) Act in 2007. In the following months the city centre experienced an influx of streetwalkers and an increase in petty crimes.

Quay Services, which operates a drop-in centre for streetwalkers, reported that sex workers became more afraid to seek assistance, and the number of women coming to the centre dropped to “just a handful”. There was also evidence that displacing sex workers led to more activity in the sex trade, not less – convictions for solicitation tripled.

This kind of ‘crime shuffling’ takes prostitution out of one area and dumps it on another. It only resembles an improvement if you fail to look at the full picture.

Prohibition never works

There is a lot of talk in the political sphere about the need for “evidence based policy”. This means rejecting approaches that are moralistic and manipulative. Sex workers have suffered the tragic consequences of prejudicial social attitudes that lead to bad policy. The prohibition approach has not worked. It will never work. The people who endorse this view are putting people in danger and should not be guiding public opinion any longer. Disliking sex work is not a good enough argument to justify criminalising it. Is there any public interest served by preventing adults from engaging in a consensual transaction for sexual services? No, there is not.

Bit like the war on drugs: making the business profitable only to criminals, awaiting the inevitably grim results, then claiming that it’s the drugs themselves, not the laws, wot caused it. Few reasonable people believe that line of argument when it comes to drugs. Why does anyone believe it when it comes to sex?

Moral disapproval is a bad basis for policymaking. I don't find the idea of taking drugs at all appealing, but I don't assume my own preferences should be the basis for law.

The condescension heaped on people who do sex work is embarrassingly transparent. All this mealy-mouthed, 'oh but we want to help them, really’. How’s that again? By saddling people with criminal records and taking away their children? Do me a favour.

As well as the happy prostitutes there are unhappy sex workers in need of support. Society should protect the unwilling and underage from sexual exploitation and provide outreach for those who need and want it. We already have laws and services for that. Maybe the laws should be more intelligently enforced and the services better supported. But prosecuting the victimless crimes does neither of these. It helps no one.

The potential existence of abuses does not mean such work should be automatically criminalised if for no other reason than doing so makes the lives of people in sex work worse, not better. Criminalisation is the very opposite of compassion. Rhoda Grant is hiding behind an "end demand" approach that will not achieve what she claims it will, but will punish sex workers and send those with already chaotic lives further into a downward spiral. If that isn't punishing them with no hope for change then I don't know what is.

It's time we started acting like grownups and stopped pretending that making something illegal makes it cease to exist.




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Should Mia Freedman Apologise?

I went to Australia last month as a guest of the Opera House for the All About Women symposium.  As part of the event, I agreed to do some media appearances on ABC, including the Drum and Q&A.

All About Women was a fantastic day and I feel privileged to have met so many interesting and talented people there, including people I would put in the category of genuine modern heroes

As for Q&A… this is the Australian equivalent of Question Time, so I went anticipating a varied panel with a wide variety of opinions jostling to be heard. I was told Tony Jones was a strong moderator, so I went expecting him to rein in the conversation if things went off-piste. This was to be Q & A's first all-woman panel and expectations were high. The topics they circulated beforehand indicated I was in for a grilling while everyone else got softball. I went, not to put too fine a point on it, loaded for bear.

I thought it went pretty well. Opinions differed. Points of view were exchanged. Margaret Thatcher died. All in all, a good night. The producers seemed very pleased with the outcome.

So imagine my surprise, weeks later, that fellow guest Mia Freedman is still flogging her commentary about the appearance as content on her site MamaMia. The topic: should she apologise for continually insulting sex workers?

During the show Mia kept falling back on sloppy, ill-thought, and pat little lines that were easily countered. I found to my surprise a lot of common ground with Germaine Greer, hardly known as a fan of sexual entertainment, on the fact that conditions of labour and not sex per se are the most pressing issue for sex workers worldwide right now. Then in comes Mia with her assumptions about the people who do sex work (men AND women) and the people who hire them (men AND women). With Tony backing her up. So much for the disinterested moderator, eh? Maybe he felt bad for her. I don't know.

Here's the thing. I agree with Mia on this: I don't think she should apologise.

Why not? Because if she did it would be insincere. My first impression when we met backstage was that she was insincere, and damn it, a successful lady editor like her should have the guts to be true to herself and stand by her opinions no matter what they are.

Because the general public needs to see what kinds of uninformed nonsense that sex workers who stick their heads above the parapet get every single day.

Because for every 100 people who visit her site, there is one who is both a parent AND a sex worker, who knows what she is saying is nonsense. Yes, that's right Mia: sex workers raise families too. It's almost as if we're people.

Because she is a magazine editor who cares deeply about hits and attention, and clearly this is delivering on every level.

Because the sort of people who think sex workers should be topics of discussion rather than active participants are fighting a losing battle.

Keep digging, Mia. I ain't gonna stop you. Keep writing off other people simply because they didn't have the privileges you did or didn't make the same choices you did, and you can't accept that. Get it off your chest, lock up your children, whatever you think you need to do. Perhaps you have some issues about sex you want to work out in public, or this wouldn't be the biggest issue on your agenda weeks after the show went to air?

Mia, you have my express permission not to apologise. No, don't thank me… I insist.




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Lawmakers shouldn’t take vows of silence

There is no excuse for non-disclosure agreements about public spending




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What web creators should know about our March 2024 core update and new spam policies

Today we announced the March 2024 core update. This is designed to improve the quality of Search by showing less content that feels like it was made to attract clicks, and more content that people find useful. We also shared that we have new spam policies to better handle the practices that can negatively impact Google's search results. In this post, we'll go into more detail for creators about both the update and the spam policies.




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Five things your translator should know when translating legislation into English

Translating the legislation or regulations of a country, company or university into English requires certain skills and know-how. This post lists five things your translator should know when translating legislation into English. 1. How to apply English drafting conventions Conventions on headings, numbering, referencing and capitalisation differ from one legal language to another. For instance, […]




should

Level of Student Effort Should Replace Contact Time in Course Design




should

Should the “CLOUD” be Regulated? An Assessment




should

The Four Federal Gun Control Efforts Trump Should Dismantle on Day One

Trump, should immediately remove Dettelbach from office, fire every ATF employee and disband the entire rouge department. @ATFHQ




should

Consumer associations should stay relevant

MALAYSIAN consumer associations have been around since the 1960s. However, today we have few that are active and serve consumer interest.

They should continue to fight for consumer rights nationwide and address issues that require better consumer education, stronger laws and enhanced regulatory frameworks, especially in commerce.

Many of these associations face several challenges when it comes to consumer protection, despite existing legal frameworks such as the Consumer Protection Act 1999. The main issues stem from a combination of factors, including:

Limited awareness: Many consumers are not fully aware of their rights under consumer protection laws. This lack of awareness leads to consumers not filing complaints or pursuing justice when their rights are violated.

Weak enforcement: While there are laws in place, the enforcement of these laws can be inconsistent. Regulatory agencies sometimes lack the resources or the will to take effective action against businesses that violate consumer rights.

Online transactions: With the rise of e-commerce, there have been increasing complaints about fraud, counterfeit goods and scams. Consumer protection laws are still catching up to fully address issues arising from online transactions, leaving many consumers vulnerable.

Delayed resolutions: Consumers often face long wait-times when filing complaints or seeking compensation. Dispute resolution mechanisms can be slow, which discourages consumers from pursuing complaints.

Misleading advertisements: There have been cases of misleading or false advertising where consumers end up buying products or services that do not meet expectations. The penalties for businesses engaging in such practices are not always strong enough to act as a deterrent.

Price gouging: In certain industries, especially during times of crisis, for example, the Covid-19 pandemic, price gouging can be a significant issue, with some businesses exploiting consumers by drastically raising prices on essential goods.

The government also has a duty to see that consumer associations function as they should and continue to stay active, and that they are fully supported.

Consumers should take action to defend their rights and ensure they are not violated while pursuing consumer protection.

Bulbir is a former president of the Negeri Sembilan Consumers Association. Comments: letters@thesundaily.com




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Budget should prioritise human rights

THE Human Rights Commission of Malaysia (Suhakam) acknowledges the efforts of the government under Prime Minister Datuk Seri Anwar Ibrahim in presenting Budget 2025.

The initiatives aimed at equitable economic growth, fiscal responsibility and governance reforms are commendable.

While the budget reflects positive steps in Malaysia’s fiscal policy and development, it falls short in addressing critical human rights concerns, especially in areas affecting marginalised and vulnerable groups.

Suhakam welcomes the government’s focus on children, including incentives for special needs children and tax breaks for parents of children with autism.

Efforts to tackle child malnutrition in public housing and the increased allocation to agencies dealing with online safety, child pornography and cyberbullying are positive.

The strengthening of relevant laws to address scams and cybercrimes targeting children as well as the introduction of new legal frameworks represent a proactive step towards protecting children in the digital age.

Despite these improvements, Suhakam stresses that the budget lacks clear plans to safeguard the rights of migrant workers, refugees and stateless individuals. These communities continue to face exploitation, with limited access to healthcare, education and legal protection.

Stronger frameworks are needed to prevent human trafficking and exploitation, ensuring these groups can access justice and basic services, in line with Malaysia’s international obligations.

The budget mentions infrastructure projects for rural and indigenous communities but fails to address the protection of indigenous peoples’ land rights.

Their participation in decision-making on development projects remains limited, often resulting in displacement and loss of traditional lands.

Suhakam emphasises the importance of the principle of free, prior and informed consent in all development activities to preserve their rights and cultural heritage.

On gender equality, Budget 2025’s focus on gender-based violence remains inadequate.

The absence of specific allocations for strengthening legal frameworks and support services for victims is alarming.

Suhakam urges the government to prioritise protection for women, particularly in addressing domestic violence, sexual harassment and workplace discrimination.

Malaysia’s ageing population continues to grow, yet their specific needs remain largely unaddressed. Access to healthcare, social protection and protection from abuse are essential human rights that cannot be overlooked. Suhakam calls for a comprehensive national ageing policy that guarantees the dignity and rights of elderly citizens.

In addition, while poverty alleviation is a government focus, the budget lacks a human rights-based approach to economic and social rights.

Marginalised communities continue to struggle with inadequate housing, food security and fair wages. Suhakam stresses the need for legal protections that ensure equitable access to resources, affordable housing and decent work for all, especially low-income families.

Mental health services, especially post-pandemic, remain critically underfunded.

While economic recovery is emphasised, there is limited attention to community-based mental healthcare.

Additionally, the budget does not sufficiently address the rights and needs of persons with disabilities (PwD). The lack of focus on accessibility, inclusive education and employment opportunities is concerning.

Suhakam urges the government to align its policies with the United Nations Convention on the Rights of Persons with Disabilities, ensuring equal access to public services and economic opportunities for all PwD.

While institutional reforms are mentioned, Budget 2025 falls short in addressing access to justice for vulnerable groups.

Suhakam advocates for comprehensive legal reforms to ensure marginalised communities can access justice and hold perpetrators of human rights violations accountable.

On a positive note, Suhakam recognises the increased budget for the judiciary, the boost to the National Cyber Security Agency in tackling online safety issues, including for children, and the anticipated Online Safety Bill.

The increase in cash aid under Sumbangan Tunai Rahmah and the allocations for combatting child malnutrition in public housing areas are steps in the right direction.

Despite these initiatives, the minimum wage still does not reflect the actual cost of living, as evidenced by reports from Employees Provident Fund, Bank Negara Malaysia and Credit Counselling and Debt Management Agency.

Additionally, the Baitul Mahabbah programme continues with no expansion to cover all children below 18 years, nor an indication of family or community placement.

Suhakam acknowledges the government’s commitment to fiscal responsibility and governance reforms.

However, we urge the government to ensure that its economic growth strategies are inclusive.

A budget must address not only fiscal concerns but also the protection of fundamental rights for all.

Suhakam




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Ex-Philippine President Duterte says ICC should ‘hurry up’ on drug war investigation

MANILA: Former Philippine President Rodrigo Duterte said the International Criminal Court (ICC) should ‘hurry up’ with its probe of his war on drugs, remaining firm in his defence of the brutal campaign as he said the investigation should start immediately.

“I’m asking the ICC to hurry up, and if possible, they can come here and start the investigation tomorrow,“ Duterte said in a congressional inquiry on his war on drugs.

“If I am found guilty, I will go to prison.”

According to police data, more than 6,200 people died in anti-drug operations under Duterte’s presidency, during which police typically said they had killed suspects in self-defence.

Human rights groups believe the real toll to be far greater, with thousands more users and small-time peddlers killed in mysterious circumstances by unknown assailants.

“I assume full responsibility for whatever happened in the actions taken by law enforcement agencies of this country to... stop the serious problem of drugs affecting our people,“ Duterte said.

The ICC last year cleared the way for an investigation to into the thousands of deaths and other suspected rights abuses.

The Philippines withdrew from the ICC in March 2019, when Duterte was president. Appeals judges at the ICC subsequently ruled prosecutors still had jurisdiction over the alleged crimes because they occurred when the Philippines was an ICC member.




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Comment on SmugMug buys Flickr – should we stay or should we go? by Arthur Weiss

A couple of years ago (I think just after the initial acquisition and when Flickr was being expanded) they offered an "automatic uploader" that scoured your computer and uploaded all images automatically. This sounded great - until I realised you had no control on what was uploaded. My Flickr account has so much junk in it that it would be really hard to clear out - as I have my photos PLUS images I've purchased PLUS images I've downloaded and even scans and stuff like that which I'd never wanted uploaded. These aren't even in albums - so I can't delete them except one-by-one. Fortunately I have my privacy settings set - but not everybody did, and Flickr is a great source for competitive intelligence as a result. Some of the stuff you can find is in the category of "how stupid can you get" (and is a real lesson in the importance of privacy settings). I found a table for a major manufacturer giving volume sales per month 2016 vs. volume sales per month 2015 and YTD value sales. When I was doing the work it was actually current data - invaluable to my client as it was the sort of stuff you cannot ever expect to find but proves there is such as thing as serendipity.




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Comment on SmugMug buys Flickr – should we stay or should we go? by Karen Blakeman

I do recall some colleagues and friends saying that one of the mobile apps that did exactly that by default. Thankfully I have never used any of automatic uploaders. All photos are added manually one by one. Not exactly high tech but a lot safer.




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SmugMug buys Flickr – should we stay or should we go?

So the wait is over. When it was announced that Verizon was to buy Yahoo! there was concern as to what was going to happen to Flickr. Yahoo! never did much in terms of developing Flickr and what it did do was rubbish. Trying to add the location of your photo is an interesting experience … Continue reading SmugMug buys Flickr – should we stay or should we go?




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Unlock Google's Hidden Powers: Search Tricks Every Geek Should Know

...




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Manifest V3, Ad Blockers, Extensions and What You Should Know

...




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Should You Buy a Car With a Salvage Title?

Car shoppers have been dealing with inflated vehicle prices for a few years now. With the average price of a new car still pretty high, one option that may have crossed your mind is to buy a car with a salvage title. In the vehicle marketplace, there’s a major stigma attached to buying salvaged cars, […]

The post Should You Buy a Car With a Salvage Title? appeared first on Clark Howard.




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Should You Keep a Car That’s Been Totaled?

Once you’ve been in a car accident and the insurance company decides to total your vehicle, one of the main things you’ll have to decide is whether to keep the car or not. Insurance companies will typically “total” a vehicle if the cost to repair it is more than the car’s value. And in some […]

The post Should You Keep a Car That’s Been Totaled? appeared first on Clark Howard.




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When You Should (and Shouldn’t) Use a 529 Plan

It’s a natural inclination for parents to start thinking about a child’s education as soon as their baby is born. Considering the average cost of college in 2022 is more than $35,000 per student per year, a number that always seems to climb dramatically, it makes sense. Investing in a 529 plan allows parents to […]

The post When You Should (and Shouldn’t) Use a 529 Plan appeared first on Clark Howard.



  • Children & Pets
  • Education
  • Investing & Retirement
  • Money & Credit
  • Taxes

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Should I Contribute to a 529 Plan Only To Roll It Into a Roth IRA Later?

In past years, contributing to a 529 plan presented a clear risk to parents and grandparents. It’s always been a tax-advantaged way to pay for college. But if the intended beneficiary didn’t go to college, or if they got a scholarship and didn’t need the 529 plan funds, it created a dilemma. You’d have to […]

The post Should I Contribute to a 529 Plan Only To Roll It Into a Roth IRA Later? appeared first on Clark Howard.




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Should You Allow Your Auto Insurance To Monitor Your Driving?

The number of drivers who let their insurance monitor their driving has more than doubled in less than a decade! While many drivers were once skeptical of the practice, the benefits are becoming more and more appealing as people make the switch to usage-based insurance. And as car insurance rates continue to climb, even more […]

The post Should You Allow Your Auto Insurance To Monitor Your Driving? appeared first on Clark Howard.




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What Is Identity Theft Insurance and Should You Buy It?

Last year, the Federal Trade Commission (FTC) received more than 1 million reports of identity theft! And the AARP found that, “American adults lost a total of $43 billion to identity fraud in 2023.” So, it makes sense that — if protection exists against identity theft exists — you want it. There’s no shortage of […]

The post What Is Identity Theft Insurance and Should You Buy It? appeared first on Clark Howard.




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Should I Insure My Cars and Home With the Same Company?

At a time when insurance premiums are skyrocketing, especially for home and auto insurance, people are looking for ways to save money. At 2.4% in September, inflation is much closer to the Fed’s stated 2.0% goal and a far cry from its 9.1% peak. From Dec. 31, 2021, to Oct. 27, 2023, the S&P 500 […]

The post Should I Insure My Cars and Home With the Same Company? appeared first on Clark Howard.




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Should I Make a Claim on My Car Windshield?

If you’ve got comprehensive coverage on your auto insurance policy, then there’s a good chance that your insurer will cover the cost of windshield repair or replacement. And insurance companies make it hard to resist! If you live in in Florida, Kentucky or South Carolina, for example, then your insurance can’t charge a deductible on […]

The post Should I Make a Claim on My Car Windshield? appeared first on Clark Howard.




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Should I Buy an AirTag for My Checked Airport Luggage?

If you’ve traveled enough, you’ve experienced a horror story with lost or misplaced luggage. Money expert Clark Howard says that airlines often struggle to get baggage from Point A to Point B. Airlines have gone through a roller coaster of sorts. The onset of COVID-19 sank travel demand in 2020 and 2021. When restrictions were […]

The post Should I Buy an AirTag for My Checked Airport Luggage? appeared first on Clark Howard.




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Should I Tip on a Cruise?

When you go on a cruise, it’s a time to relax, free your mind of the cares of the world and be waited on – but there’s a cost to the latter. The people behind the great customer service you experience deserve to be rewarded. You may be wondering when it comes to cruises, which […]

The post Should I Tip on a Cruise? appeared first on Clark Howard.




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Should You Buy an Extended Warranty for Your TV?

So, you’ve found a great deal on a new TV. Now you have to decide whether to buy an extended warranty at the point of purchase. Will it be worth it? In this article, we’ll discuss whether an extended warranty for a TV makes financial sense and get money expert Clark Howard’s thoughts. Is an […]

The post Should You Buy an Extended Warranty for Your TV? appeared first on Clark Howard.



  • Mobile & Electronics


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Cloudflare to EU: Anti-Piracy Measures Shouldn’t Harm Privacy and Security

Cloudflare is urging the EU Commission to exclude the company from its upcoming Piracy Watch List, despite requests from several rightsholder groups for its inclusion. The American company says it's committed to addressing piracy concerns but not at the expense of user privacy and security. Instead, the European Commission should ensure that its Piracy Watch List does not become a tool for advocating policy changes.

From: TF, for the latest news on copyright battles, piracy and more.




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Analog Equivalent Rights (8/21): Using Third-Party Services Should Not Void Expectation of Privacy

Privacy: Ross Ulbricht handed in his appeal to the U.S. Supreme Court last week, highlighting an important Analog Equivalent Privacy Right in the process: Just because you’re using equipment that makes a third party aware of your circumstances, does that really nullify any expectation of privacy?

In most constitutions, there’s a protection of privacy of some kind. In the European Charter of Human Rights, this is specified as having the right to private and family life, home, and correspondence. In the U.S. Constitution, it’s framed slightly differently, but with the same outcome: it’s a ban for the government to invade privacy without good cause (“unreasonable search and seizure”).

U.S. Courts have long held, that if you have voluntarily given up some part of your digitally-stored privacy to a third party, then you can no longer expect to have privacy in that area. When looking at analog equivalence for privacy rights, this doctrine is atrocious, and in order to understand just how atrocious, we need to go back to the dawn of the manual telephone switchboards.

At the beginning of the telephone age, switchboards were fully manual. When you requested a telephone call, a manual switchboard operator would manually connect the wire from your telephone to the wire of the receiver’s telephone, and crank a mechanism that would make that telephone ring. The operators could hear every call if they wanted and knew who had been talking to whom and when.

Did you give up your privacy to a third party when using this manual telephone service? Yes, arguably, you did. Under the digital doctrine applied now, phonecalls would have no privacy at all, under any circumstance. But as we know, phonecalls are private. In fact, the phonecall operators were oathsworn to never utter the smallest part of what they learned on the job about people’s private dealings — so seriously was privacy considered, even by the companies running the switchboards.

Interestingly enough, this “third-party surrender of privacy” doctrine seems to have appeared the moment the last switchboard operator left their job for today’s automated phone-circuit switches. This was as late as 1983, just at the dawn of digital consumer-level technology such as the Commodore 64.

This false equivalence alone should be sufficient to scuttle the doctrine of “voluntarily” surrendering privacy to a third party in the digital world, and therefore giving up expectation of privacy: the equivalence in the analog world was the direct opposite.

But there’s more to the analog equivalent of third-party-service privacy. Somewhere in this concept is the notion that you’re voluntarily choosing to give up your privacy, as an active informed act — in particular, an act that stands out of the ordinary, since the Constitutions of the world are very clear that the ordinary default case is that you have an expectation of privacy.

In other words, since people’s everyday lives are covered by expectations of privacy, there must be something outside of the ordinary that a government can claim gives it the right to take away somebody’s privacy. And this “outside the ordinary” has been that the people in question were carrying a cellphone, and so “voluntarily” gave up their right to privacy, as the cellphone gives away their location to the network operator by contacting cellphone towers.

But carrying a cellphone is expected behavior today. It is completely within the boundaries of “ordinary”. In terms of expectations, this doesn’t differ much from wearing jeans or a jacket. This leads us to the question; in the thought experiment that yesterday’s jeans manufacturers had been able to pinpoint your location, had it been reasonable for the government to argue that you give up any expectation of privacy when you’re wearing jeans?

No. No, of course it hadn’t.

It’s not like you’re carrying a wilderness tracking device for the express purpose of rescue services to find you during a dangerous hike. In such a circumstance, it could be argued that you’re voluntarily carrying a locator device. But not when carrying something that everybody is expected to carry — indeed, something that everybody must carry in order to even function in today’s society.

When the only alternative to having your Constitutionally-guaranteed privacy is exile from modern society, a government should have a really thin case. Especially when the analog equivalent — analog phone switchboards — was never fair game in any case.

People deserve Analog Equivalent Privacy Rights.

Until a government recognizes this and voluntarily surrenders a power it has taken itself, which isn’t something people should hold their breath over, privacy remains your own responsibility.




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Kevin Costner lauds Liz Cheney despite Trump win: 'We should applaud her. We should protect her'

Kevin Costner applauded former Rep. Liz Cheney and said the Wyoming Republican should be applauded rather than threatened.




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Who Should Christians Avoid?

Who Should Christians Avoid covers the touchy subject of the relationship between Christians and the rest of the world, and how that compares with Biblical teachings on the subject. Be prepared for some surprises.




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Security for Trump, Vance should be placed at the forefront

The president-elect and vice president-elect undoubtedly understand that until they are inaugurated an existential threat shadows both of them.




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The new Republican Senate majority should end the war in Ukraine

If senators exhibit political courage, the incoming U.S. Senate has a unique opportunity to cut off the spigot of funds to Ukraine and find peace for the war-torn country.




should

Incoming Trump admin should forgive, but not forget

The temptation is great among conservatives to get back at the leftists who used government power to harass and imprison their opponents for nearly four years.




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Quarterback carousel should start spinning for a couple of NFL teams

The quarterback carousel isn't spinning. It should in some cases.




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Dodgers star Shohei Ohtani has surgery to repair labrum tear in shoulder after World Series injury

Shohei Ohtani had arthroscopic surgery on Tuesday to repair a labrum tear in his left shoulder, following an injury the Los Angeles Dodgers star suffered during Game 2 of the World Series on Oct. 26.





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Catalan political crisis 'should speak to all democrats'

JOAQUIM Forn was Catalonia’s interior minister until he was arrested for his role in the October 2017 independence referendum. He has been in jail since.


THE NATIONAL

18th December 2018



Exclusive by GREG RUSSELL



Forn has also been on hunger strike for two weeks, one of four prisoners taking this drastic course of action. Here, he talks about his incarceration, the forthcoming trials and Europe.

What is your view of events such as the continuing refusal of European leaders to take up your cases; and the way Spain is lurching further to the right almost every day?

I am worried that Europe turns its back on the situation we are in. What is happening is a clear violation of civil rights and liberties. In Spain, an involution is happening as a consequence of a weak left that is being dragged by the discourse of the PP (People’s Party) and Ciudadanos (Citizens) and also due to the rise of the extreme right with Vox.

Europe should not be unconnected to this regression and should position itself in defence of our liberties.

The political prisoners have a huge amount of support with daily protests outside Lledoners – does that support give you more strength?

Absolutely. Some of us have been for more than a year in pretrial and preventative detention. First in prison in Madrid and now in Catalunya.

These last few months have been very tough and we have been able to overcome them thanks to the support from our families and the societal mobilisation that there is in Catalunya.

From the prison courtyard we can hear the chants and shouts of support. Without this great support, the situation would have been more difficult to bear.

You have been on hunger strike now for two weeks, are you not worried that this protest can damage you?

We have not imposed a time limit upon ourselves. Our hunger strike aims to denounce the inaction of the Constitutional Court (TC), which has not reviewed our appeals. Some of these were submitted a year ago. The court, who should be the guarantor of our rights, is acting subordinate to political interests and is denying us access to European justice.

What we are enduring in Spain should not only worry independence supporters. Any democrat should react to this arbitrariness. We are clearly worried about the possible consequences to our health. The medical services from jail check us daily. We cannot forget that our trial is starting next month and that we should confront it in the best possible condition, both physical and mentally.

The TC judges have said they will hear you appeals next month (and will hear some cases before then) – do you believe that they will stick to that timetable?

From the moment we started the hunger strike, the TC made some moves. This week, it has started to resolve five of almost 30 appeals that all the defendants have presented.

Next week it will continue to resolve other appeals. It is clear that the TC knows it has not acted according to the law and should face our complaint.

How do you view the world’s response to what is happening in Catalonia?

I would like there to be a bigger awareness of what is happening in Spain. The governments of both PP and PSOE (Spanish Socialist Party) have dismissed dialogue, which is the political way, and have ended up imposing criminal law solutions against the political demands of millions of Catalans.

The fact that in Europe, in the 21st century, we are talking about exiled and imprisoned politicians should worry the European states and citizens. The crisis being lived in Catalunya should speak to all democrats. The debate about liberties is very alive in Europe and the world, so we cannot turn our backs as if this debate does not concern us.

How worrying is the prospect of not receiving a fair trial?

Without a doubt, we are very worried. In any case, I see the trial as an opportunity. We are not in the pretrial proceedings any more, so now the accusations need to be argued with proof.

The prosecution wanted to create the narrative of rebellion and sedition, based on the police reports from the Civil Guard and the National Police. The German courts have compellingly ruled out these crimes. The trial will be broadcast live, with the presence of international observers.

I have not lost faith and I truly think that with the criminal code in hand, the only possible sentence is absolution.

Is there anything else you’d like to say?

I would like to thank the Scottish people for showing their solidarity and support. We have received hundreds of letters and postcards. We cannot answer them all which is why I want to take this opportunity to thank them for their gesture.