Friday, December 29, 2006
First off......I have to admit......I think my lack of association with EFX2 and all its crap is finally wearing off. I no longer find the need to keep checking crap there or even want to. I do not miss all the drama between the so-called friends in the shoutboxes and comments. I am really getting into this smaller, more down-to-earth posting again.....and it takes up far less REAL LIFE time.
Anyway...I found it interesting. The weather here has been unseasonably warm. So much so that tonight when I went to get my mail out of the box.....someone was grilling out! IT smelled heavenly and if I had my grill unpacked I would be tempted to do the same thing!
ALSO......my former town in Colorado is getting more snow dumped on them. It is amazing. They have about 40 inches now so far......28 from before...and about 12 inches so for now. Some areas have over 60 inches! Usually even though Colorado gets a lot of snow......down in the foothills where I lived it does not always last long because the temperatures are more seasonable and mild and the sun is almost always shining! Lately however it has been cold and cloudy and the snow is not going anywhere!
The grass here is green in spots. You can walk outside without a coat on. I wonder if I will even really have to use a winter coat much this year. So far all I have needed from time to time is my jacket!
Enjoy the pics....
Cause for Celebration
Honoring Everyday Life
We all know someone who keeps plastic covers on his or her couch in order to protect it. The irony is that many of these people may live their lives without ever having actually made contact with their own furniture! This is a poignant and somewhat humorous example of the human tendency to try to save things for special occasions, as if everyday life weren't special enough to warrant the use of nice things. Many of us have had the experience of never wearing a particular piece of clothing in order to keep it nice, only to have it go out of style in the meanwhile.
It's interesting to think of what it would mean to us if we let ourselves wear our nicest clothes and eat off the good china on a daily basis. We might be sending ourselves the message that every day we are alive is a special day and a cause for celebration, and that we are worth it. There is something uplifting about treating ourselves to the finest of what we have. It is as if we rise to the occasion when we wear our best clothes and set the table beautifully, as if for a very special guest. We are more mindful of where we place things, what we are eating, and who is with us. Using the good china, eating in the dining room, and taking the plastic off the sofa might be an invitation to be more conscious of the beauty and grace inherent in our everyday lives.
If there are things you've stashed away for a special occasion'a bottle of special wine, a gorgeous pair of shoes, an antique lace tablecloth'consider taking them out of their hiding places and putting them to use tonight, just because you are alive now to enjoy them, and that's a great cause for a celebration.
just something I slapped together after work this morning....I did not have time to go through and grab really old pictures of Noah so I just tried to use what was handy on my hard drive...
Happy Birthday Noah....I love you........I could not find a picture of you and your daddy.....I will have to do that next time round I guess!
Thursday, December 28, 2006
SO I clicked the link.........and guess what? IT IS in Colorado.......and IT IS a log home......and the house comes fully furnished....you also win a new GMC Acadia.......and 250,000.00 cash.......so much...
now I just have to win it! (of course now I think Noah would prefer living or staying in Ohio.....and I would miss my family.....)...but .......Here is a link to check it out:
AND........this house has WOLF APPLIANCES!
this would definitely fit all my earlier requests and then some......amazing.......this house is beautiful and would very much be a dream
Wednesday, December 27, 2006
Walgreens had it on sale for that price......normally 60.00. I stopped and got one of the last 2 today....finally can take more than 7 pictures at a time now! AND movie clips.....
Noah and I went to the park today for a bit....just to sit and eat a bite of lunch and check out the ducks and geese. Here are a few shots I got from the truck. This one goose and I connected. Yeah I know.....but she/he kept staring....looking me directly into my eyes over and over. I think it was posing for me! haha
"Twenty years from now you will be more disappointed by
the things you didn't do than by the ones you did do.
So throw off the bowlines. Sail away from the safe harbour.
Catch the trade winds in your sails. Explore. Dream. Discover" - Mark Twain
If tennis balls represented areas of your life, how many balls are you currently juggling? Too many? Which ones are you dropping daily -- is it spending quality time with your family, working out, planning for your business, or doing what you love to do? In today's world, we are constantly juggling our priorities and trying to make everything fit. How does one maintain balance and still be a juggler? Most people find this aspect of life both exhausting, and stressful. You don't have to live your life on the edge of collapsing. You can create a balanced life where you have time and energy to do what is really important to you.
How balanced is your life?
Exercise: Take a blank sheet of paper, and write down the words Health, Relationships, Career, and Spiritual life. Then rate these areas of your life on a scale from 1 to 10 with 10 being absolutely perfect and 1 being in the royal dumpster (absolutely terrible). Convert these ratings into centimeters, and draw a box with four lines that are the length of the rating you gave each of these categories. For instance, if you gave yourself a 3 in the area of health you would draw a straight line 3 cm long. Then, if you gave yourself a 7 in the area of Career you would draw another line 7 cm long . This will give your a clear picture of how your life looks. What does your box look like? Is it lopsided? Is it a rectangle? Does it have a big opening or gap because the lines don't connect? If you had a balanced life, your life would look like a perfect square.
Develop a vision of each area of your life.
Life is not a dress rehearsal. You only have one shot at designing a life that is perfect for you. In order to create a balanced life that supports you, you need to have a vision of what you want to create. A vision is something that you stand for happening in the future that orients all of the decisions that you make. Having a vision allows you to consciously channel your energies and time into avenues that will ultimately result in your dreams.
Ask yourself these questions to help illuminate your vision.
- What is really important to me?
- What do I want to create in every area of my life?
- When I look back on my life at the age of eighty, what do I want to have experienced or accomplished?
Turn over the sheet of paper, and write down the category where you scored the lowest. Then, write down your vision for this area of your life by asking yourself the above questions. For instance, in the area of health, a possible vision could be that you want to be completely fit and trim, and be able to run a marathon. Lastly, write down two action steps that would help you achieve your vision. For instance, two steps could be exercising 5 days a week, and eliminating sugar from your diet. Continue this exercise with each of the categories.
Create space in your life for what is important.
How can you begin implementing the actions steps that you have just written down on your paper. Most people have trouble adding new commitments because their life is too full of things that must get done. The first step in designing a balanced lifestyle is to clear out some space for new activities that support the hitherto ignored areas of your life. Here are two ways that you can begin to create space for what is important:
a. Eliminate activities that are no longer supporting you.
What are you doing out of obligation or habit? Make a list of all of the activities that you do. Then ask yourself if each activity is bringing you joy and helping you create your vision. If the answer is no, delegate it or drop it. For instance, if you dread cleaning the house every week, hire a maid instead. With the time you save, you can go to the gym and begin actually developing your vision of physical health.
b. Under-promise and Overdeliver.
Over-promising can throw you off balance. A sense of urgency causes you to ignore certain parts of your life in favor of one specific task that must be completed immediately. When you under-promise, you give yourself ample time to do the task which
* allows you to keep your commitments in the other areas of your life.
* eliminates rework due to mistakes (an all too common time waster).
* enables you to deliver ahead of schedule, resulting in the respect and admiration of your clients and thus attracting more business opportunities to you.
Where are you over-promising in your life? I challenge you to begin to under-promise today, and see how dramatically this new habit can change your life. In fact, one coaching client used to get in trouble for finishing projects behind schedule. She began to under-promise by giving herself 3 extra days to do a project. After a few months' time, her boss promoted her because he was so impressed with the way that she was now finishing projects on time. Go ahead and see how this
new technique can work for you.
Schedule your big rocks into your life first.
Your big rocks are things that are a priority to you, and that positively impact your life. Some examples of big rocks could be going to the gym, writing a book, learning French, meditating, etc. What are your big rocks? Sand and pebbles are the things that naturally fill in your day and that you tend to do automatically out of habit or necessity (i.e. eating, watching TV, going to work). Most people have trouble finding time for their big rocks because their life is filled up with sand and pebbles. In other words, they are so busy just keeping up, and doing everyday things that they don't have time to do what really matters (i.e. the big rocks). However, when you schedule big rocks into your agenda first, the sand and pebbles of life can easily fit in between the big rocks. This technique will help you reorient your life around your priorities and re-establish more balance.
There are two important keys to making this work:
- Honor your appointments with yourself as you would an appointment with your most valuable client. You will be more effective and productive if you take the time out to do things for yourself.
- Set strong boundaries. Be vigilant about people asking you to give up your plans in favor of their needs. Write down your boundaries so that you know where you stand. Then, begin saying "no" when people ask you to give up your big rocks.
§ 2.02.2 Online Harassment, Threats and Non-Sexual Stalking – Prohibited Activities
(A) It shall be unlawful for any individual or group of individuals through a pattern of computerized communication to engage in harassing, threatening or stalking any person or group of persons via a computer.
(1) A "Pattern of Computerized Communication" [PCC] requires the over act of a person or group of persons being on a computer and consists of the following predicate crimes, of which a violation of only one constitutes a Pattern of Computerized Communication:
(a) Harassment, §2.02.2 (B)
(b) Threats, §2.02.2 (C)
(c) Non-Sexual Stalking, §2.02.2 (D)
(d) Intimidation, §2.02.2 (E )
(e) Intentional Infliction of Emotional Distress, §2.02.2 (F)
(B) A person or group of persons commit the crime of harassment when he/she uses electronic communications for any of the following purposes:
(1) making any comment, request, suggestion or proposal with an intent to offend, which may or may not be obscene and/or
(2) transmitting to any person, with the intent to harass and regardless of whether the communication is read in its entirety or at all, any file, document, or other communication which prevents that person from using his or her telephone service or electronic communications device and/or
(3) transmitting, for no legitimate purpose, a message which contained frightening, intimidating, abusive, or alarming content and resulted in repeated harassment of the recipient by other subsequent readers of the message.
(C) A person's or group of persons' speech constitutes a "true threat," when
(1) the following elements are met:
(a) a person makes a statement, which he/she knowingly or purposely transmits to someone and, in context, a reasonable recipient of the communications would interpret as communicating a serious expression of an intent to inflict or cause serious harm on or to the recipient and
(b) the person intended that the statement be taken as a threat that would serve to place the recipient in fear for his/her personal safety, regardless of whether the person actually intended to carry out the threat.
(2) True Threats are not protected under the First Amendment to the United States Constitution.
(D) A person or group of persons commits the crime of non-sexual stalking when:
(1) without lawful authority, a person or group of persons, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated or harassed and
(2) with the intent to place the reasonable person to fear for his/her safety, or the safety of his/her immediate family and
(3) all of which actually causes the victim to feel terrorized, frightened, intimidated or harassed.
(E) A person or group of persons commits the crime of intimidation when he/she purposely sends a message or messages with materially fraudulent information in an attempt to hinder, discourage, encourage, or otherwise influence the recipient's behavior.
(F) A person or group of persons commits the crime of intentional infliction of emotional distress when a person or group of person acts either purposely, knowingly, or recklessly.
(1) Degrees of Culpability:
(a) A person or group of persons acts purposely when he/she has a conscious object to engage in a type of conduct and has knowledge that such a type of conduct will cause such a result
(b) A person or group of persons acts knowingly when he/she is aware of his/her conduct and is practically certain that his/her conduct will cause such a result.
(c) A person of group of persons acts recklessly when he/she consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his/her conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation.
(2) Elements necessary to establish a prima facie case of the crime of intentional infliction of emotional distress depends on whether a person or group of persons:
(a) sends a message or messages that threaten to cause physical injury or property damage to any person and the messages are of such an outrageous content or nature as to cause severe emotional or mental distress to the recipient; and/or
(b) sends a message or messages that threatens to cause physical injury or property damage to the recipient, the recipient's family or to the recipient's property and that the content of these messages is of such an outrageous nature as to cause severe emotional or mental distress to the recipient; and/or
(c) sends a message or messages that contain obscene, lewd, vulgar, or profane language as measured by constitutional standards, the content of which is sufficiently outrageous as to cause severe emotional or mental distress to the recipient; and/or
(d) sends a message or messages containing the frightening, intimidating, threatening, abusive, or alarming content which is sent repeatedly to the intended recipient and which causes the recipient severe emotional distress.
§2.02.2 (B) Harassment
Prior to technology, harassment could reach only a limited number of people. Word of mouth, mail, and even publication in a newspaper pale in comparison to the potential numbers of people one can reach through cyberspace. The Internet allows an individual to create an online persona with little relationship to his or her real life identity. This "facelessness of cyberspace" lends itself to extreme forms of expression and allows people to say things that they might never say face-to-face. This certain sense of removal does not absolve people who harass, threaten, or stalk others in cyberspace of legal responsibility.
A possible scenario that may be addressed by §2.02.2 (B), Harassment by electronic communications, may be the following case of Will County, Chicago. [FN1] In this case, an individual proficient with the use of a computer used the Internet to post a child's (or adult's) name and telephone number on sexual explicit Internet sites. This posting invited visitors to call and inquire about the named individual, who was a child. As a result, the named individual was subjected to consistent, harassing and possibly sexual explicit telephone calls every day of the week, at any and all hours. The repeated inquiries caused the recipient of the calls and/or messages to become fearful for his/her safety and the safety of their family. The Boehle family decided that they had to move outside of Will County in order to protect their daughter, who was the subject of the postings, telephone calls and messages, from any potential harm they feared might occur as a result of such harassment. [FN2]
The theory is that harassing someone in cyberspace is just as illegal as doing it through the mail and/or via the telephone. The purpose of this section of the statute is to open the doors of cyberspace to the legal consequences of online harassment. Without such a section, if a state is not one to have a law regulating electronic harassment, the victim must wait until the harassment takes on an off-line form. [FN3] Such a "waiting period" can be dangerous to the victim, thereby, this section of the statute allows a victim to see help before the harassment can escalate to a potentially harmful result.
§2.02.2 (C) Threats
Under the common law and many statutes, a threat was only one of the elements of the offense of extortion or blackmail, and the prosecution must also show that the purpose of the threat was to obtain money, property, or some other thing of value. [FN4] The crime of threatening another individual has evolved from the use of mail, telegraph and telephone as subscribers began to use the Internet to reach their intended victims. Online threats are perhaps the most complicated offense of this statute. The nature of the offense is serious because the law must determine which transmissions are "true threats" rather than protected speech. [FN5] While it is important to prohibit threats, it is also important not to chill free speech in cyberspace by too broadly defining what speech equals a "threat." [FN6] However, "true threats" are not protected by the first amendment and therefore they can be prohibited without violating the United States Constitution. [FN7]
The Internet functions as a vast marketplace of ideas, and as such, it is extremely important that it receive the highest level of First Amendment freedom of speech protection possible. Many people use e-mail, posting to newsgroups and bulletin boards, chat rooms and web pages, or any combination to send threats to others. [FN8] The consequences of this behavior are two-fold: 1) threats are harmful to their victims and 2) threats are harmful to the freedom of speech in cyberspace, because individuals fearing retaliation may cease to express their opinions or even enter the forum at all. The purpose behind prohibiting threats is to prevent the harm that would come of their actual execution and to prevent the harm that comes from the mere threat itself, such as the anxiety and fear that are created by a threat of harm.
The "True Threats" standard that is encompassed in §2.02.2 (C)(1)(a-b) is one which contains both an objective and subjective standard. [FN9] The objective part of the test asks whether a reasonable person would construe the defendant's speech or statement as a threat, given the context in which it was made. To have a test only with an objective element is very restrictive on free speech because the "reasonable person" standard can be problematic. It invites a jury to consider the unique sensitivities of the particular recipient. For instance, a defendant's speech may be prohibited in one instance, where the recipient is unusually sensitive, while it would not have been prohibited if the "threat" if had been directed at a less sensitive recipient. As a result, the drafter added a subjective element to this test, which looks at the speaker's intent in making the statement. The subjective element increases the burden on the prosecution and thus makes it less likely that speech that is not truly a threat will be attacked for the sole purpose of silencing the speaker. It is the threat itself that, simply being uttered, causes the harm the statute aims to prevent: the victim's sense of fear. No further "over act" is needed. To date, the Supreme Court of the United States had not spoken directly on the issue of a "true threats" test. [FN10]
The United States v. Baker case illustrates the reluctance of the Courts to punish all but the most egregious of threats under this "true threat" standard. [FN11] While a student at the University of Michigan, Baker began to write sexually graphic and explicit stories depicting the rape and torture of women. In these stories, Baker used the name and physical description of a classmate as a main character in one of these stories. After these sexually explicit stories were posted on the Internet, several individuals read these postings and reported Baker out of concern for the named female student in these stories. [FN12] Mr. Baker was charged with five counts of violating 18 USC §875(c). The district court dismissed the charges against Baker by ruling that the threatening messages were "only a rather savage and tasteless piece of fiction" and without more evidence, was entitled to First Amendment protection. [FN13] The Court of Appeals in the Baker case held that to constitute a "true threat" under 18 USC Section 875(c), a communication must be such that a reasonable person 1) "would take the statement as a serious expression of an intention to inflict bodily harm (mens rea) and 2) would perceive such expression as being communicated to effect some change or achieve some goal through intimidation (the actus reus)." The Court of Appeals held that while Baker's stories and messages were offensive, they did not constitute "true threats" because they were sent through private e-mail to a friend. In other words, threats made in a private e-mail, to an individual who is not the target of the threats, and made about an indistinct, undefined group will not likely meet the "true threat" standard.
A scenario that may be addressed by §2.02.2 (C) is that of a person sending messages directly to a specific victim. A nineteen year old St. John's University student was charged with aggravated harassment for terrorizing an Indianapolis family. [FN14] He allegedly sent the family threatening e-mail that promised "to hunt then down, rape their 12 year old daughter, and kill them." [FN15] In another case, a fourteen year old boy was charged with threats to commit murder and civil rights violations for making anti-Semitic death threats to his teacher via the Internet. [FN16] The differences in these cases to Baker is that these perpetrators threatened violence against specific individuals intending to cause fear in their victims. These victims took these threats seriously and thus these two perpetrators could be prosecuted under §2.02.2 (C).
Hate groups and extremists have found a new forum in the Internet to spread their propaganda. The Internet allows these groups to reach impressionable audiences with an ease that they have never been able to accomplish. However much people might disagree with these views, the First Amendment forbids silencing speech because of its content. The First Amendment protects the materials published in these hate sites just as it would protect the same information spoken or published in a book or a newspaper. [FN17] As a result, it is important to note that this section of this statute does not make uttering derogatory comments illegal. It is only when a person "crosses the line" by directing his/her hate-filled message at another person in the form of a threat. A prime example would be the case of Richard Machando, a former college student at the University of California at Irvine. [FN18] Mr. Machando sent racist death threats to fifty-nine Asian students at the University. Mr. Machando blamed the Asian students for lack of campus quality. His e-mails stated: "I personally will make it my life career to find and kill everyone of you personally." He signed the e-mail "Asian Hater." As a result of transmitting these messages, Mr. Machando was sentenced to one year in jail. [FN19]
§2.02.2 (D) Non-Sexual Stalking
Non-Sexual Stalking is an electronic version of the real world crime: unwanted, obsessive pursuit of an individual by another individual. "The architecture of cyberspace might make it more common because you can do it all from your chair...without going to the trouble of tracking [a victim] down, going to their house and leaving a note." [FN20] Therefore, the drafter created non-sexual stalking to contain the same elements as physical stalking: willfully, maliciously and repeatedly following or harassing another person.
A possible scenario that may be addressed by §2.02.2 (D), non-sexual stalking, is the Dellapenta case. [FN21] The alleged stalking began when the victim rejected Mr. Dellapenta's romantic advances. The victim and Mr. Dellapenta were both members of the same church, a place where they first met each other. [FN22] Mr. Dellapenta unrelentlessly pursued the victim, to the point where she asked church members to intervene, which they did. Mr Dellapenta told men the victim's name, address, phone number, a her physical description and how to bypass her home security system. Mr. Dellapenta's later posted an ad on the Internet which contained the following message, in addition to the victim's personal information: "I am into rape fantasy and gang-bang fantasy." [FN23] The victim, who didn't even own a computer at the time, began receiving phone calls and had men showing up at her apartment saying that they were responding to her online personal ads. The non- sexual stalking section of this statute is partly modeled after California's Stalking law, of which Mr. Dellapenta had been charged with violating.
§2.02.2 (E) Intimidation
Intimidation can be considered a lesser included offense of online threats, §2.02.2 (C). However, there are situations where a person might not necessarily intent to threaten a victim, but rather intimidate the victim to do something he/she might not otherwise do before the intimidation. This is why the drafter felt that a section on intimidation still be part of the Online Harassment, Threats and Non-Sexual Stalking statute.
A possible scenario that may be addressed by §2.02.2 (E), intimidation, is witness intimidation. A fifteen year old girl claims that her uncle sexually abused her. As a result, she brings criminal charges against him. In an effort to keep the abuse victim from testifying, the accused posts messages on the Internet claiming that the fifteen year old abuse victim is interested in sexual encounters. [FN24]
Another possible scenario that may be addressed by §2.02.2 (E) is political intimidation. Tara Newell, an undergraduate student at McGill received several threatening and obscene messages at the beginning of the election period for President of the Student Society of McGill Undergraduates. [FN25] By reading Newell's saved messages, the perpetrator learned personal details about his/her victim. The perpetrator threatened to continue harassing her until Newell dropped out of the election.
§2.02.2 (F) Intentional Infliction of Emotional Distress
Intentional Infliction of Emotional Distress is often referred to as the Tort of Outrage in the civil realm. [FN26] This section is meant to address behavior that is caused by "ill will or wickedness of the heart." [FN27] This section's degrees of culpability are modeled after the general requirements of culpability in the Model Penal Code, §2.02.2 (2)(a-c). The drafter decided to created degrees of culpability to better define the behavior of the perpetrator and to allow for more precise prosecution. Intentional Infliction of Emotional Distress can be categorized as a lesser included offense of harassment and threats. As a result, a Prosecutor has lesser standards or elements to prove in these types of cases. For example, a prosecutor may not be able to meet the elements for threats, however, he/she might be more able to prove the elements of emotional distress. This allows the victim a sense of justice, without letting the perpetrator escape criminal liability.
A possible scenario that may be addressed by §2.02.2 (F)(1)(a), purposely inflicting emotional distress, is that of virtual rape. "The heretofore unknown crime of "virtual rape" has emerged as an issue with the rise of cyberspace and the Internet, because it is now possible to simulate a sexual attack and thereby cause psychological and emotional, though not physical, injury to the victim(s)." [FN28] The drafter recognizes that the harm in a case of virtual rape is not the physical harm, because there exists no physical contact that is part of the crime of "rape." [FN29] An act that would be considered a virtual rape would include the following scenario. A perpetrator videotapes a female neighbor without her consent. He takes the video image that he obtained and uses computer equipment to "metamorphize" the image of his female neighbor on to another individual's body who is being physically assaulted and raped. The perpetrator then takes the images he created and disseminates them on the Internet. He also sends his victim a copy of what he created. The perpetrator informs the victim as to where she may find these metamorphized images on the Internet. [FN30] Such actions clearly have the intent to purposely inflict emotional distress on the victim. These actions can also be argued that they constitute "true threats" under §2.02.2 (C) because the perpetrator sent the video tape to the victim, with sites that she should also view to see "herself" on the Internet. Such actions go beyond the Baker test of being pure fantasy stories between two email correspondents. The perpetrator actually contacted the victim with material she would view as threatening and the perpetrator intended her to view the material and thus fear for her safety.
Under §2.02.2 (F)(1)(c), reckless infliction of emotional distress, a potential perpetrator must be aware of the high risk of emotional harm that his/her actions may cause, but still grossly deviate from behavior that the society or community considers reasonable. The case of Jake Baker could be prosecuted under this section. One can argue that Mr. Baker (real last name is Alkhabaz) acted recklessly in writing a story that included the name of an actual student at the university he was attending at the time, who just happened to have the same physical features of the woman in his story.
1. See Stanley Ziembhca, Joilet Man faces Cyber-Harassment Suit, Former Neighbor Seek 3 Million for Alleged Posting of Home Number, Chicago Tribune, March 25, 1998.
3. Maryland, Michigan, Alaska, Oklahoma, Wyoming, and Illinois are among the several states that have adopted electronic harassment statutory provisions.
4. See American Jurisprudence, Second Edition, Extortion, Blackmail, and Threats, Volume 31A, §3 Threat.
5. See Sally Greenberg, Threats, Harassment, and Hate On-Line: Recent Developments, Boston Public Interest Law Journal, Spring 1997.
7. See Watts v. U.S. 4 U.S. 705 (1969).
8. See Anne Bevilacqua, Electronic Harassment, May 2, 1997 on the Computers & Law Homepage, http://wings.buffalo.edu/Complaw/CompLawPapers/bevilacq.htm
9. The "true threats" utilized in §2.02.1 (C)(1)(a-b) is Justice Jones' definition of what a "true threat" is. This test is located as a footnote in the Planned Parenthood of the Columbia/Willamette, Inc. v. American Coalition of Life Activists (also known as the "Nuremberg Files case") See 23 F.Supp 2d 1182 (D.Or. 1998).
10. For a history of the different "true threats" standards, See Watt v. U.S., 394 U.S. 705 (1969), Rogers v. U.S., 422 U.S. 35 (1975), U.S. v. Kelner, 534 F.3d 1020 (2nd Cir. 1976), and Roy v. U.S., 416 F.2d 874 (9th Cir. 1969).
11. See the Jake Baker case, U.S. v. Alkhabaz, 104 F.3d 1492 (6th Cir. 1997)
12. See Heather Brooks-Szacha, U.S. v. Jake Baker: The Role of Unique Features of Electronic Mail in a "True Threat" Analysis at http://www.libraries.wayne.edu/~jlitman/pbrooks.html
13. United States v. Baker, 890 F.Supp 1375 (E.D. Mich. 1995).
14. See Sally Greenberg, Threats, Harassment and Hate On-Line: Recent Developments, Boston Public Interest Law Journal, Spring 1997.
17. Brandenburg v. Ohio, 395 U.S. 444 (1969).
18. See Courtney Macavinta, Prison Time for Email Threats, CNETnews.com, May 4, 1998, http://news.cnet.com/news/0-1005-200-328979.html?tag=st.cn.1.
20. See Brooke A. Masters, Cracking Down on E-Mail Harassment, Washington Post, November 1, 1998 (Quote from Jonathan Zittrain, Executive Director of Harvard University's Berkman Center for Internet and Society).
21. See California Presses Cyberstalking Case: Man Accused of Impersonating Woman Online, APBnews.com, January 22, 1999, http://www.apbnews.com/newscenter/breakingnews/1999/01/23/22/ stalk0122_01.html
24. See Stanley Zienbhca, Will County Focusing on Internet Criminals, Chicago Tribune, May 26, 1998.
25. See Darcy Doran, McGill Student a Victim of High-Tech Harassment.
26. See John L. Diamond, Lawrence C. Levine, and M. Stuart Madden, Understanding Torts, Matthew Bender & Co, Inc. (1996).
27. Blacks Law Dictionary (West 1996).
28. Quote from Professor Susan Brenner, via e-mail to drafter, Noel Ann DeSantis
29. See MSCCC §3.04.1
30. See Brenner, Susan Professor (visited December 4, 1998)
Green Man peers out of the foliage to remind you that not all of life's mysteries have logical solutions. Be open to magical opportunities, spirit allies, and unconventional paths. Get out into the wilderness, ground yourself in meditation, and listen for Green Man's wisdom. You may just catch sight of him eyeing you in his leafy camouflage.
You've heard the expression "playing possum"? It means to play dead and is derived from Opossum's ability to act in whatever way the situation demands. If it's practical to play dead, so be it; if it's to Opossum's advantage to be aggressive, watch out! Take your cue from this master actor toda - and play the role that will serve you best.
Badger is a ferocious opponent, unwilling to back down over any issue. Unfortunately, this unwavering stance leads some Badgers to their demise. If Badger has dug into your reading, he is asking whether you are fighting the right fight. Is this issue the hill you're willing to die on, or are you fighting for no other reason than pure stubbornness? Think about it.
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Tuesday, December 26, 2006
Walgreens has 1 GB Sandisk memory cards on sale......I need to get there and get one before they are all gone! I am not sure they would give out a rain check for that. The sale just started today and I was going to stop.....but figured I should come home first and check my camera and owner's manual to make sure what I get is the correct one. Looks like it would work.....I will have to get it tomorrow as I do not want to go back out again tonight and neither does Noah. So tomorrow it will be another trip!
It started to snow last night around 1:00 or so......and my hammered metal snowman kept getting weighted down and blown over out front .........He bobbles...and is big.....so he can do this!
anyway.......sort of moody...I need to start work in about another hour....
but not sure I like it....I need to change the color.......this is crappy staying with a white background! If it were orange like my banner above that would be pretty cool.......now to figure out how to do that!
Off to shower and then head to grandma C.s for a bit.....visit with her...take some Christmas goodies to her and a present. Noah does not want to leave......he is too busy playing with his new Christmas stuff....but I bet we can manage some time away for a bit.
it snowed last night....thick, heavy wet snow. Back in Colorado at the condo where I had lived that city got 28 inches of snow.......it is still hanging around because it is remaining cold there.
Dreary day makes for dreary feelings I suppose..........and makes me sleepy. I have to be ready to work more later....so I better get busy!
um.......I am working up to doing a YEAR REVIEW post sometime before New Years......will be cathartic I hope.......
Well Christmas has come and past again. We had a good time. I think. Everyone seemed a little more mellow this year. I am sure we have all had our share of stressors...some more than others......but they all end up being stressors.
YEAR IN REVIEW.........is enlightening........and could be considered a bit depressing I suppose.
Anyway.....I cannot believe Christmas is over and we are heading into a New Year! Noah still have to complete opening his presents. I don't mind...he can take all the time he wants! Next up is his birthday party...and then New Years......finally I can get the house back in order......complete it......maybe rest a bit......doubtful as it will all just begin again.
Hope everyone had happy holidays.......otherwise I don't really have a lot to say tonight.
Sunday, December 24, 2006
Well I am sick of cookies and candy already and I have only had like ONE Christmas cookie! Noah is in bed...anticipating Santa's arrival. He left Santa 2 chocolate chip cookies out on the Santa plate......and we put the magical Santa key on the outside door knob of the front door for Santa to get in since we have no chimney. I told Noah I would put the milk out later for Santa so it would not be warm.
Anyway.......a few more things to do tonight and then I am going to go to bed. I am fighting off a migraine...seems it happens nearly every Christmas....I think this time it is my own fault.
Merry Christmas everyone!