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Posted: January 7, 2017 at 12:53 pm
Monism is the view that attributes oneness or singleness (Greek:) to a concept (e.g., existence). Substance monism is the philosophical view that a variety of existing things can be explained in terms of a single reality or substance. Another definition states that all existing things go back to a source that is distinct from them (e.g., in Neoplatonism everything is derived from The One). This is often termed priority monism, and is the view that only one thing is ontologically basic or prior to everything else.
Another distinction is the difference between substance and existence monism, or stuff monism and thing monism. Substance monism posits that only one kind of stuff (e.g., matter or mind) exists, although many things may be made out of this stuff. Existence monism posits that, strictly speaking, there exists only a single thing (e.g., the universe), which can only be artificially and arbitrarily divided into many things.
There are two sorts of definitions for monism:
Although the term “monism” is derived from Western philosophy to typify positions in the mindbody problem, it has also been used to typify religious traditions. In modern Hinduism, the term “absolute monism” is being used for Advaita Vedanta.
The term “monism” was introduced in the 18th century by Christian von Wolff in his work Logic (1728), to designate types of philosophical thought in which the attempt was made to eliminate the dichotomy of body and mind and explain all phenomena by one unifying principle, or as manifestations of a single substance.
The mindbody problem in philosophy examines the relationship between mind and matter, and in particular the relationship between consciousness and the brain. The problem was addressed by Ren Descartes in the 17th century, resulting in Cartesian dualism, and by pre-Aristotelian philosophers, in Avicennian philosophy, and in earlier Asian and more specifically Indian traditions.
It was later also applied to the theory of absolute identity set forth by Hegel and Schelling. Thereafter the term was more broadly used, for any theory postulating a unifying principle. The opponent thesis of dualism also was broadened, to include pluralism. According to Urmson, as a result of this extended use, the term is “systematically ambiguous”.
According to Jonathan Schaffer, monism lost popularity due to the emergence of Analytic philosophy in the early twentieth century, which revolted against the neo-Hegelians. Carnap and Ayer, who were strong proponents of positivism, “ridiculed the whole question as incoherent mysticism”.
The mindbody problem has reemerged in social psychology and related fields, with the interest in mindbody interaction and the rejection of Cartesian mindbody dualism in the identity thesis, a modern form of monism. Monism is also still relevant to the philosophy of mind, where various positions are defended.
Different types of monism include:
Views contrasting with monism are:
Monism in modern philosophy of mind can be divided into three broad categories:
Certain positions do not fit easily into the above categories, such as functionalism, anomalous monism, and reflexive monism. Moreover, they do not define the meaning of “real”.
While the lack of information makes it difficult in some cases to be sure of the details, the following pre-Socratic philosophers thought in monistic terms:
Pantheism is the belief that everything composes an all-encompassing, immanent God, or that the universe (or nature) is identical with divinity. Pantheists thus do not believe in a personal or anthropomorphic god, but believe that interpretations of the term differ.
Pantheism was popularized in the modern era as both a theology and philosophy based on the work of the 17th century philosopher Baruch Spinoza, whose Ethics was an answer to Descartes’ famous dualist theory that the body and spirit are separate. Spinoza held that the two are the same, and this monism is a fundamental quality of his philosophy. He was described as a “God-intoxicated man,” and used the word God to describe the unity of all substance. Although the term pantheism was not coined until after his death, Spinoza is regarded as its most celebrated advocate.
H.P. Owen (1971: 65) claimed that
Pantheists are monists…they believe that there is only one Being, and that all other forms of reality are either modes (or appearances) of it or identical with it.
Pantheism is closely related to monism, as pantheists too believe all of reality is one substance, called Universe, God or Nature. Panentheism, a slightly different concept (explained below), however is dualistic. Some of the most famous pantheists are the Stoics, Giordano Bruno and Spinoza.
Panentheism (from Greek (pn) “all”; (en) “in”; and (thes) “God”; “all-in-God”) is a belief system that posits that the divine (be it a monotheistic God, polytheistic gods, or an eternal cosmic animating force) interpenetrates every part of nature, but is not one with nature. Panentheism differentiates itself from pantheism, which holds that the divine is synonymous with the universe.
In panentheism, there are two types of substance, “pan” the universe and God. The universe and the divine are not ontologically equivalent. God is viewed as the eternal animating force within the universe. In some forms of panentheism, the cosmos exists within God, who in turn “transcends”, “pervades” or is “in” the cosmos.
While pantheism asserts that ‘All is God’, panentheism claims that God animates all of the universe, and also transcends the universe. In addition, some forms indicate that the universe is contained within God, like in the concept of Tzimtzum. Much Hindu thought is highly characterized by panentheism and pantheism.Hasidic Judaism merges the elite ideal of nullification to paradoxical transcendent Divine Panentheism, through intellectual articulation of inner dimensions of Kabbalah, with the populist emphasis on the panentheistic Divine immanence in everything and deeds of kindness.
Paul Tillich has argued for such a concept within Christian theology, as has liberal biblical scholar Marcus Borg and mystical theologian Matthew Fox, an Episcopal priest.[note 2]
Pandeism or pan-deism (from AncientGreek: pan”all” and Latin: deus meaning “god” in the sense of deism), is a term describing beliefs coherently incorporating or mixing logically reconcilable elements of pantheism (that “God”, or a metaphysically equivalent creator deity, is identical to Nature) and classical deism (that the creator-god who designed the universe no longer exists in a status where it can be reached, and can instead be confirmed only by reason). It is therefore most particularly the belief that the creator of the universe actually became the universe, and so ceased to exist as a separate entity.
Through this synergy pandeism claims to answer primary objections to deism (why would God create and then not interact with the universe?) and to pantheism (how did the universe originate and what is its purpose?).
The central problem in Asian (religious) philosophy is not the body-mind problem, but the search for an unchanging Real or Absolute beyond the world of appearances and changing phenomena, and the search for liberation from dukkha and the liberation from the cycle of rebirth. In Hinduism, substance-ontology prevails, seeing Brahman as the unchanging real beyond the world of appearances. In Buddhism process ontology is prevalent, seeing reality as empty of an unchanging essence.
Characteristic for various Asian religions is the discernment of levels of truth, an emphasis on intuitive-experiential understanding of the Absolute such as jnana, bodhi and kensho, and an emphasis on the integration of these levels of truth and its understanding.
The Vedas are a large body of texts originating in ancient India. The texts constitute the oldest layer of Sanskrit literature and the oldest scriptures of Hinduism.
According to Sehgal, “the Vedas and the Upanishads preach and propagate neither pantheism nor polytheism but monotheism and monism”. There are many Gods, but they represent different aspects of the same Reality. Monism and monotheism are found intertwined. In many passages ultimate Reality is represented as immanent, while in other passages ultimate Reality is represented as transcendent. Monism sees Brahma as the ultimate Reality, while monotheism represents the personal form Brahman.[need quotation to verify]
Jeaneane D. Fowler too discerns a “metaphysical monotheism” in the Vedas. The Vedas contain sparse monism. The Nasadiya Sukta of the Rigveda speaks of the One being-non-being that ‘breathed without breath’. The manifest cosmos cannot be equated with it, “for “That” is a limitless, indescribable, absolute principle that can exist independently of it – otherwise it cannot be the Source of it.” It is the closest the Vedas come to monism, but Fowler argues that this cannot be called a “superpersonal monism”, nor “the quintessence of monistic thought”, because it is “more expressive of a panentheistic, totally transcendent entity that can become manifest by its own power. It exists in itself, unmanifest, but with the potential for all manifestations of the cosmos”.
Vedanta is the inquiry into and systematisation of the Vedas and Upanishads, to harmonise the various and contrasting ideas that can be found in those texts. Within Vedanta, different schools exist:
Monism is most clearly identified in Advaita Vedanta, though Renard points out that this may be a western interpretation, bypassing the intuitive understanding of a nondual reality.
In Advaita Vedanta, Brahman is the eternal, unchanging, infinite, immanent, and transcendent reality which is the Divine Ground of all matter, energy, time, space, being, and everything beyond in this Universe. The nature of Brahman is described as transpersonal, personal and impersonal by different philosophical schools.
Advaita Vedanta gives an elaborate path to attain moksha. It entails more than self-inquiry or bare insight into one’s real nature. Practice, especially Jnana Yoga, is needed to “destroy ones tendencies (vAasanA-s)” before real insight can be attained.
Advaita took over from the Madhyamika the idea of levels of reality. Usually two levels are being mentioned, but Shankara uses sublation as the criterion to postulate an ontological hierarchy of three levels:
All Vaishnava schools are panentheistic and view the universe as part of Krishna or Narayana, but see a plurality of souls and substances within Brahman. Monistic theism, which includes the concept of a personal god as a universal, omnipotent Supreme Being who is both immanent and transcendent, is prevalent within many other schools of Hinduism as well.
Tantra sees the Divine as both immanent and transcendent. The Divine can be found in the concrete world. Practices are aimed at transforming the passions, instead of transcending them.
The colonisation of India by the British had a major impact on Hindu society. In response, leading Hindu intellectuals started to study western culture and philosophy, integrating several western notions into Hinduism. This modernised Hinduism, at its turn, has gained popularity in the west.
A major role was played in the 19th century by Swami Vivekananda in the revival of Hinduism, and the spread of Advaita Vedanta to the west via the Ramakrishna Mission. His interpretation of Advaita Vedanta has been called Neo-Vedanta. In Advaita, Shankara suggests meditation and Nirvikalpa Samadhi are means to gain knowledge of the already existing unity of Brahman and Atman, not the highest goal itself:
[Y]oga is a meditative exercise of withdrawal from the particular and identification with the universal, leading to contemplation of oneself as the most universal, namely, Consciousness. This approach is different from the classical Yoga of complete thought suppression.
Vivekananda, according to Gavin Flood, was “a figure of great importance in the development of a modern Hindu self-understanding and in formulating the West’s view of Hinduism.” Central to his philosophy is the idea that the divine exists in all beings, that all human beings can achieve union with this “innate divinity”, and that seeing this divine as the essence of others will further love and social harmony. According to Vivekananda, there is an essential unity to Hinduism, which underlies the diversity of its many forms. According to Flood, Vivekananda’s view of Hinduism is the most common among Hindus today. This monism, according to Flood, is at the foundation of earlier Upanishads, to theosophy in the later Vedanta tradition and in modern Neo-Hinduism.
According to the Pli Canon, both pluralism (nnatta) and monism (katta) are speculative views. A Theravada commentary notes that the former is similar to or associated with nihilism (ucchdavda), and the latter is similar to or associated with eternalism (sassatavada). See middle way.
In the Madhyamaka school of Mahayana Buddhism, the ultimate nature of the world is described as nyat or “emptiness”, which is inseparable from sensorial objects or anything else. That appears to be a monist position, but the Madhyamaka views – including variations like rangtong and shentong – will refrain from asserting any ultimately existent entity. They instead deconstruct any detailed or conceptual assertions about ultimate existence as resulting in absurd consequences. The Yogacara view, a minority school now only found among the Mahayana, also rejects monism.
Within Buddhism, a rich variety of philosophical and pedagogical models can be found. Various schools of Buddhism discern levels of truth:
The Prajnaparamita-sutras and Madhyamaka emphasize the non-duality of form and emptiness: “form is emptiness, emptiness is form”, as the heart sutra says. In Chinese Buddhism this was understood to mean that ultimate reality is not a transcendental realm, but equal to the daily world of relative reality. This idea fitted into the Chinese culture, which emphasized the mundane world and society. But this does not tell how the absolute is present in the relative world:
To deny the duality of samsara and nirvana, as the Perfection of Wisdom does, or to demonstrate logically the error of dichotomizing conceptualization, as Nagarjuna does, is not to address the question of the relationship between samsara and nirvana -or, in more philosophical terms, between phenomenal and ultimate reality […] What, then, is the relationship between these two realms?
This question is answered in such schemata as the Five Ranks of Tozan, the Oxherding Pictures, and Hakuin’s Four ways of knowing.
Jewish thought considers God as separate from all physical, created things (transcendent) and as existing outside of time (eternal).[note 3][note 4]
According to Chasidic Thought (particularly as propounded by the 18th century, early 19th century founder of Chabad, Shneur Zalman of Liadi), God is held to be immanent within creation for two interrelated reasons:
The Vilna Gaon was very much against this philosophy, for he felt that it would lead to pantheism and heresy. According to some this is the main reason for the Gaon’s ban on Chasidism.
According to Maimonides, God is an incorporeal being that caused all other existence. In fact, God is defined as the necessary existent that caused all other existence. According to Maimonides, to admit corporeality to God is tantamount to admitting complexity to God, which is a contradiction to God as the First Cause and constitutes heresy. While Hasidic mystics considered the existence of the physical world a contradiction to God’s simpleness, Maimonides saw no contradiction.[note 5]
Christianity strongly maintains the Creator-creature distinction as fundamental. Christians maintain that God created the universe ex nihilo and not from His own substance, so that the creator is not to be confused with creation, but rather transcends it (metaphysical dualism) (cf. Genesis). Even the more immanent concepts and theologies are to be defined together with God’s omnipotence, omnipresence and omniscience, due to God’s desire for intimate contact with his own creation (cf. Acts 17:27). Another use of the term “monism” is in Christian anthropology to refer to the innate nature of humankind as being holistic, as usually opposed to bipartite and tripartite views.
In On Free Choice of the Will, Augustine argued, in the context of the problem of evil, that evil is not the opposite of good, but rather merely the absence of good, something that does not have existence in itself. Likewise, C. S. Lewis described evil as a “parasite” in Mere Christianity, as he viewed evil as something that cannot exist without good to provide it with existence. Lewis went on to argue against dualism from the basis of moral absolutism, and rejected the dualistic notion that God and Satan are opposites, arguing instead that God has no equal, hence no opposite. Lewis rather viewed Satan as the opposite of Michael the archangel. Due to this, Lewis instead argued for a more limited type of dualism. Other theologians, such as Greg Boyd, have argued in more depth that the Biblical authors held a “limited dualism”, meaning that God and Satan do engage in real battle, but only due to free will given by God, for the duration God allows.
In Roman Catholicism and Eastern Orthodoxy, while human beings are not ontologically identical with the Creator, they are nonetheless capable with uniting with his Divine Nature via theosis, and especially, through the devout reception of the Holy Eucharist. This is a supernatural union, over and above that natural union, of which St. John of the Cross says, “it must be known that God dwells and is present substantially in every soul, even in that of the greatest sinner in the world, and this union is natural.” Julian of Norwich, while maintaining the orthodox duality of Creator and creature, nonetheless speaks of God as “the true Father and true Mother” of all natures; thus, he indwells them substantially and thus preserves them from annihilation, as without this sustaining indwelling everything would cease to exist.
Some Christian theologians are avowed monists, such as Paul Tillich. Since God is he “in whom we live and move and have our being” (Book of Acts 17.28), it follows that everything that has being partakes in God.
Although Vincent J. Cornell argue that the Quran also provides a monist image of God by describing the reality as a unified whole, with God being a single concept that would describe or ascribe all existing things. But most argue that Semitic religious scriptures especially Quran see Creation and God as two separate existence. It explains everything been created by God and under his control, but at the same time distinguishes God and creation as having independent existence from each other.
Sufi mystics advocate monism. One of the most notable being the 13th-century Persian poet Rumi (120773) in his didactic poem Masnavi espoused monism. Rumi says in the Masnavi,
In the shop for Unity (wahdat); anything that you see there except the One is an idol.
The most influential of the Islamic monists was the Sufi philosopher Ibn Arabi (11651240). He developed the concept of ‘unity of being’ (Arabic: wadat al-wujd), a pantheistic monoist philosophy. Born in al-Andalus, he made an enormous impact on the Muslim world, where he was crowned “the great Master”. In the centuries following his death, his ideas became increasingly controversial.
Although the Bah’ teachings have a strong emphasis on social and ethical issues, there exist a number of foundational texts that have been described as mystical. Some of these include statements of a monist nature (e.g., The Seven Valleys and the Hidden Words). The differences between dualist and monist views are reconciled by the teaching that these opposing viewpoints are caused by differences in the observers themselves, not in that which is observed. This is not a ‘higher truth/lower truth’ position. God is unknowable. For man it is impossible to acquire any direct knowledge of God or the Absolute, because any knowledge that one has, is relative.
According to nondualism, many forms of religion are based on an experiential or intuitive understanding of “the Real”. Nondualism, a modern reinterpretation of these religions, prefers the term “nondualism”, instead of monism, because this understanding is “nonconceptual”, “not graspable in an idea”.[note 6][note 7]
To these nondual traditions belong Hinduism (including Vedanta, some forms of Yoga, and certain schools of Shaivism), Taoism, Pantheism, Rastafari and similar systems of thought.
Links to related articles
See more here:
Monism – Wikipedia
Posted: January 6, 2017 at 10:44 pm
“We are extremely pleased to have Cindy join HLI as our new CEO. Her wide-ranging experience in leading and growing commercial operations for privately-held and publicly-traded life science businesses, will be invaluable to HLI,” said Dr. Venter. “2017 will be a key year for HLI with the launch and expansion of many of our products including oncology, whole genome, HLI Knowledgebase, HLI Search, and the HLI Health Nucleus. Cindy’s combination of innovative business leadership, coupled with commercialization and operations acumen in a variety of life science arenas, is the perfect skill set to bring our vision of high quality, genomic-powered products to the global marketplace.”
Collins said, “HLI represents a tremendous opportunity to change healthcare and improve patient outcomes. I cannot imagine a more perfect union of my combined experience in diagnostics, therapeutics, and life sciences and in leading organizations through multiple phases of their life cycles to create value. I believe my capabilities and experience, combined with Dr. Venter’s scientific success and vision, are highly complementary and will create a solid foundation for HLI’s future.”
Collins comes to HLI most recently from GE Healthcare where she was the CEO/ General Manager for the Cell Therapy and Purification and Analysis Businesses. Prior to that she was CEO of GE’s Clarient Diagnostics, Inc., an in vitro diagnostics business. In her three years with GE, she restructured and refocused teams and investments for multiple strategic businesses and oversaw several strategic investments in Cell Therapy, which is a strategic growth play for GE.
Prior to joining GE, Collins was recruited by the board of directors of Genvec Inc. to be president and CEO. This publicly-traded biopharmaceutical company develops therapeutics and vaccines using adenovector technologies. Under Collins’ tenure the company was able to get the first gene therapy product into clinical trial, advanced four major vaccine products for partnering and received the first approval in the US for a vaccine for Foot and Mouth Disease in cattle.
Prior to Genvec, Collins was the Group Vice President of the Cellular Analysis Business Group, a $1 billion business of Beckman Coulter, comprising 3 business units; Hematology, Flow Cytometry, and Hemostasis. Collins was recruited in to regain its market leadership positions in these businesses. In her 4 years there, prior to the acquisition of Beckman Coulter by Danaher, she was successful in growing these businesses and rebuilding the leadership team.
Collins was the President and CEO of Sequoia Pharmaceuticals, Inc. post Series B Financing. While there she recruited, and led the senior management team, developed the overall strategic plan, developed and met product development milestones and created innovative financing strategies which led to a successful Series C Financing. Under her tenure, the company succeeded in getting two new drugs through the IND process and in to clinical trials.
Before Sequoia, Collins was President of Clinical Microsensors, Inc. (now Genmark), which was a wholly owned subsidiary of Motorola, where she directed the development and commercialization of molecular diagnostics, microarray products. While there the company completed several clinical trials, and received FDA approval their Cystic Fibrosis assay and instrument platform.
Collins also has deep experience in running large business units in multinational corporations. She spent 17 years at Baxter Healthcare Corporation having arrived there from a start-up, Pandex Laboratories, which was acquired by Baxter. Her tenure at Baxter included Vice President and General Manager level positions for the Gene and Cell Therapy, Transfusion Therapies and BioScience divisions. Her career there culminated in being named President of the Oncology business, a global pharmaceutic business she built and led which had $150 million in sales, 900 employees in more than 100 countries, and a $25 million research and development budget.
Prior to Baxter Healthcare, Collins spent six years at Abbott Laboratories in a variety of operational positions.
Collins received her MBA from The University of Chicago, Booth School of Business and a Bachelor’s of Science in Microbiology from the University of Illinois.
About Human Longevity, Inc.Human Longevity, Inc. (HLI) is the genomics-based, heath intelligence company creating the world’s largest and most comprehensive database of whole genome, phenotype and clinical data. HLI is developing and applying large scale computing and machine learning to make novel discoveries to revolutionize the practice of medicine. HLI’s business also includes the HLI Health Nucleus, a genomic powered clinical research center which uses whole genome sequence analysis, advanced clinical imaging and innovative machine learning, along with curated personal health information, to deliver the most complete picture of individual health. For more information, please visit http://www.humanlongevity.com or http://www.healthnucleus.com.
To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/human-longevity-inc-hires-cynthia-collins-healthcare-industry-leader-as-new-chief-executive-officer-300385584.html
SOURCE Human Longevity, Inc.
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Human Longevity, Inc. Hires Cynthia Collins, Healthcare …
Posted: December 12, 2016 at 7:43 pm
No architecture has existed since 1700. A moronic mixture of the most various stylistic elements used to mask the skeletons of modern houses is called modern architecture. The new beauty of cement and iron are profaned by the superimposition of motley decorative incrustations that cannot be justified either by constructive necessity or by our (modern) taste, and whose origins are in Egyptian, Indian or Byzantine antiquity and in that idiotic flowering of stupidity and impotence that took the name of neoclassicism.
These architectonic prostitutions are welcomed in Italy, and rapacious alien ineptitude is passed off as talented invention and as extremely up-to-date architecture. Young Italian architects (those who borrow originality from clandestine and compulsive devouring of art journals) flaunt their talents in the new quarters of our towns, where a hilarious salad of little ogival columns, seventeenth-century foliation, Gothic pointed arches, Egyptian pilasters, rococo scrolls, fifteenth-century cherubs, swollen caryatids, take the place of style in all seriousness, and presumptuously put on monumental airs. The kaleidoscopic appearance and reappearance of forms, the multiplying of machinery, the daily increasing needs imposed by the speed of communications, by the concentration of population, by hygiene, and by a hundred other phenomena of modern life, never cause these self-styled renovators of architecture a moment’s perplexity or hesitation. They persevere obstinately with the rules of Vitruvius, Vignola and Sansovino plus gleanings from any published scrap of information on German architecture that happens to be at hand. Using these, they continue to stamp the image of imbecility on our cities, our cities which should be the immediate and faithful projection of ourselves.
And so this expressive and synthetic art has become in their hands a vacuous stylistic exercise, a jumble of ill-mixed formulae to disguise a run-of-the-mill traditionalist box of bricks and stone as a modern building. As if we who are accumulators and generators of movement, with all our added mechanical limbs, with all the noise and speed of our life, could live in streets built for the needs of men four, five or six centuries ago.
This is the supreme imbecility of modern architecture, perpetuated by the venal complicity of the academies, the internment camps of the intelligentsia, where the young are forced into the onanistic recopying of classical models instead of throwing their minds open in the search for new frontiers and in the solution of the new and pressing problem: the Futurist house and city. The house and the city that are ours both spiritually and materially, in which our tumult can rage without seeming a grotesque anachronism.
The problem posed in Futurist architecture is not one of linear rearrangement. It is not a question of finding new moldings and frames for windows and doors, of replacing columns, pilasters and corbels with caryatids, flies and frogs. Neither has it anything to do with leaving a faade in bare brick, or plastering it, or facing it with stone or in determining formal differences between the new building and the old one. It is a question of tending the healthy growth of the Futurist house, of constructing it with all the resources of technology and science, satisfying magisterially all the demands of our habits and our spirit, trampling down all that is grotesque and antithetical (tradition, style, aesthetics, proportion), determining new forms, new lines, a new harmony of profiles and volumes, an architecture whose reason for existence can be found solely in the unique conditions of modern life, and in its correspondence with the aesthetic values of our sensibilities. This architecture cannot be subjected to any law of historical continuity. It must be new, just as our state of mind is new.
The art of construction has been able to evolve with time, and to pass from one style to another, while maintaining unaltered the general characteristics of architecture, because in the course of history changes of fashion are frequent and are determined by the alternations of religious conviction and political disposition. But profound changes in the state of the environment are extremely rare, changes that unhinge and renew, such as the discovery of natural laws, the perfecting of mechanical means, the rational and scientific use of material. In modern life the process of stylistic development in architecture has been brought to a halt. Architecture now makes a break with tradition. It must perforce make a fresh start.
Calculations based on the resistance of materials, on the use of reinforced concrete and steel, exclude “architecture” in the classical and traditional sense. Modern constructional materials and scientific concepts are absolutely incompatible with the disciplines of historical styles, and are the principal cause of the grotesque appearance of “fashionable” buildings in which attempts are made to employ the lightness, the superb grace of the steel beam, the delicacy of reinforced concrete, in order to obtain the heavy curve of the arch and the bulkiness of marble.
The utter antithesis between the modern world and the old is determined by all those things that formerly did not exist. Our lives have been enriched by elements the possibility of whose existence the ancients did not even suspect. Men have identified material contingencies, and revealed spiritual attitudes, whose repercussions are felt in a thousand ways. Principal among these is the formation of a new ideal of beauty that is still obscure and embryonic, but whose fascination is already felt even by the masses. We have lost our predilection for the monumental, the heavy, the static, and we have enriched our sensibility with a taste for the light, the practical, the ephemeral and the swift. We no longer feel ourselves to be the men of the cathedrals, the palaces and the podiums. We are the men of the great hotels, the railway stations, the immense streets, colossal ports, covered markets, luminous arcades, straight roads and beneficial demolitions.
We must invent and rebuild the Futurist city like an immense and tumultuous shipyard, agile, mobile and dynamic in every detail; and the Futurist house must be like a gigantic machine. The lifts must no longer be hidden away like tapeworms in the niches of stairwells; the stairwells themselves, rendered useless, must be abolished, and the lifts must scale the lengths of the faades like serpents of steel and glass. The house of concrete, glass and steel, stripped of paintings and sculpture, rich only in the innate beauty of its lines and relief, extraordinarily “ugly” in its mechanical simplicity, higher and wider according to need rather than the specifications of municipal laws. It must soar up on the brink of a tumultuous abyss: the street will no longer lie like a doormat at ground level, but will plunge many stories down into the earth, embracing the metropolitan traffic, and will be linked up for necessary interconnections by metal gangways and swift-moving pavements.
The decorative must be abolished. The problem of Futurist architecture must be resolved, not by continuing to pilfer from Chinese, Persian or Japanese photographs or fooling around with the rules of Vitruvius, but through flashes of genius and through scientific and technical expertise. Everything must be revolutionized. Roofs and underground spaces must be used; the importance of the faade must be diminished; issues of taste must be transplanted from the field of fussy moldings, finicky capitals and flimsy doorways to the broader concerns of bold groupings and masses, and large-scale disposition of planes. Let us make an end of monumental, funereal and commemorative architecture. Let us overturn monuments, pavements, arcades and flights of steps; let us sink the streets and squares; let us raise the level of the city.
I COMBAT AND DESPISE:
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futurism – unknown.nu
Posted: November 29, 2016 at 1:22 am
We all know that the NSA uses word games to hide and downplay its activities. Words like “collect,” “conversations,” “communications,” and even “surveillance” have suffered tortured definitions that create confusion rather than clarity.
Theres another one to watch: “targeted” v. “mass” surveillance.
Since 2008, the NSA has seized tens of billions of Internet communications. It uses the Upstream and PRISM programswhich the government claims are authorized under Section 702 of the FISA Amendments Actto collect hundreds of millions of those communications each year. The scope is breathtaking, including the ongoing seizure and searching of communications flowing through key Internet backbone junctures,the searching of communications held by service providers like Google and Facebook, and, according to the government’s own investigators, the retention of significantly more than 250 million Internet communications per year.
Yet somehow, the NSA and its defenders still try to pass 702 surveillance off as “targeted surveillance,” asserting that it is incorrect when EFF and many others call it “mass surveillance.”
Our answer: if “mass surveillance” includes the collection of the content of hundreds of millions of communications annually and the real-time search of billions more, then the PRISM and Upstream programs under Section 702 fully satisfy that definition.
This word game is important because Section 702 is set to expire in December 2017. EFF and our colleagues who banded together to stop the Section 215 telephone records surveillance are gathering our strength for this next step in reining in the NSA. At the same time, the government spin doctors are trying to avoid careful examination by convincing Congress and the American people that this is just “targeted” surveillance and doesnt impact innocent people.
PRISM and Upstream surveillance are two types of surveillance that the government admits that it conducts under Section 702 of the FISA Amendments Act, passed in 2008. Each kind of surveillance gives the U.S. government access to vast quantities of Internet communications.
Upstream gives the NSA access to communications flowing through the fiber-optic Internet backbone cables within the United States. This happens because the NSA, with the help of telecommunications companies like AT&T, makes wholesale copies of the communications streams passing through certain fiber-optic backbone cables. Upstream is at issue in EFFs Jewel v. NSA case.
PRISM gives the government access to communications in the possession of third-party Internet service providers, such as Google, Yahoo, or Facebook. Less is known about how PRISM actually works, something Congress should shine some light on between now and December 2017.
Note that those two programs existed prior to 2008they were just done under a shifting set of legal theories and authorities. EFF has had evidence of the Upstream program from whistleblower Mark Klein since 2006, and we have been suing to stop it ever since.
Despite government claims to the contrary, heres why PRISM and Upstream are “mass surveillance”:
(1) Breadth of acquisition: First, the scope of collection under both PRISM and Upstream surveillance is exceedingly broad. The NSA acquires hundreds of millions, if not billions, of communications under these programs annually. Although, in the U.S. governments view, the programs are nominally “targeted,” that targeting sweeps so broadly that the communications of innocent third parties are inevitably and intentionally vacuumed up in the process. For example, a review of a “large cache of intercepted conversations” provided by Edward Snowden and analyzed by the Washington Post revealed that 9 out of 10 account holders “were not the intended surveillance targets but were caught in a net the agency had cast for somebody else.” The material reviewed by the Post consisted of 160,000 intercepted e-mail and instant message conversations, 7,900 documents (including “medical records sent from one family member to another, resumes from job hunters and academic transcripts of schoolchildren”), and more than 5,000 private photos. In all, the cache revealed the “daily lives of more than 10,000 account holders who were not targeted [but were] catalogued and recorded nevertheless.” The Post estimated that, at the U.S. governments annual rate of “targeting,” collection under Section 702 would encompass more than 900,000 user accounts annually. By any definition, this is “mass surveillance.”
(2) Indiscriminate full-content searching. Second, in the course of accomplishing its so-called “targeted” Upstream surveillance, the U.S. government, in part through its agent AT&T, indiscriminately searches the contents of billions of Internet communications as they flow through the nations domestic, fiber-optic Internet backbone. This type of surveillance, known as “about surveillance,” involves the NSA’s retention of communications that are neither to nor from a target of surveillance; rather, it authorizes the NSA to obtain any communications “about” the target. Even if the acquisition of communications containing information “about” a surveillance target could, somehow, still be considered “targeted,” the method for accomplishing that surveillance cannot be: “about” surveillance entails a content search of all, or substantially all, international Internet communications transiting the United States. Again, by any definition, Upstream surveillance is “mass surveillance.” For PRISM, while less is known, it seems the government is able to search throughor require the companies like Google and Facebook to search throughall the customer data stored by the corporations for communications to or from its targets.
To accomplish Upstream surveillance, the NSA copies (or has its agents like AT&T copy) Internet traffic as it flows through the fiber-optic backbone. This copying, even if the messages are only retained briefly, matters under the law. Under U.S. constitutional law, when the federal government “meaningfully interferes”with an individuals protected communications, those communications have been “seized” for purposes of the U.S. Constitutions Fourth Amendment. Thus, when the U.S. government copies (or has copied) communications wholesale and diverts them for searching, it has “seized” those communications under the Fourth Amendment.
Similarly, U.S. wiretapping law triggers a wiretap at the point of “interception by a device,” which occurs when the Upstream mechanisms gain access to our communications.
Why does the government insist that its targeted? For Upstream, it may be because the initial collection and searching of the communicationsdone by service providers like AT&T on the governments behalfis really, really fast and much of the information initially collected is then quickly disposed of. In this way the Upstream collection is unlike the telephone records collection where the NSA kept all of the records it seized for years. Yet this difference should not change the conclusion that the surveillance is “mass surveillance.” First, all communications flowing through the collection points upstream are seized and searched, including content and metadata. Second, as noted above, the amount of information retainedover 250 million Internet communications per yearis astonishing.
Thus, regardless of the time spent, the seizure and search are comprehensive and invasive. Using advanced computers, the NSA and its agents can do a full-text, content search within a blink of an eye through billions, if not trillions of your communications, including emails, social media, and web searches. Second, as demonstrated above, the government retains a huge amount of the communicationsfar more about innocent people than about its targetsso even based on what is retained the surveillance is better described as “mass” rather than “targeted.”
So it is completely correct to characterize Section 702 as mass surveillance. It stems from the confluence of: (1) the method NSA employs to accomplish its surveillance, particularly Upstream, and (2) the breadth of that surveillance.
Next time you see the government or its supporters claim that PRISM and Upstream are “targeted” surveillance programs, youll know better.
 See, e.g., Charlie Savage, NSA Said to Search Content of Messages to and From U.S., N.Y. Times (Aug 8, 2013) (The National Security Agency is searching the contents of vast amounts of Americans e-mail and text communications into and out of the country[.]). This article describes an NSA practice known as about surveillancea practice that involves searching the contents of communications as they flow through the nations fiber-optic Internet backbone.
 FISA Court Opinion by Judge Bates entitled [Caption Redacted], at 29 (NSA acquires more than two hundred fifty million Internet communications each year pursuant to Section 702), https://www.eff.org/document/october-3-2011-fisc-opinion-holding-nsa-surveillance-unconstitutional (Hereinafter, Bates Opinion). According to the PCLOB report, the current number is significantly higher than 250 million communications. PCLOB Report on 702 at 116.
 Bates Opinion at 29; PCLOB at 116.
 First, the Bush Administration relied solely on broad claims of Executive power, grounded in secret legal interpretations written by the Department of Justice. Many of those interpretations were subsequently abandoned by later Bush Administration officials. Beginning in 2006, DOJ was able to turn to the Foreign Intelligence Surveillance Court to sign off on its surveillance programs. In 2007, Congress finally stepped into the game, passing the Protect America Act; which, a year later, was substantially overhauled and passed again as the FISA Amendments Act. While neither of those statutes mention the breadth of the surveillance and it was not discussed publicly during the Congressional processes, both have been cited by the government as authorizing it.
 Bates Opinion at 15.
 PCLOB report at 119-120.
 See 18 U.S.C 2511(1)(a); U.S. v. Councilman, 418 F.3d 67, 70-71, 79 (1st Cir. 2005) (en banc).
Posted: November 23, 2016 at 10:00 pm
Acknowledgement The material on this page is taken from Chapter 19 of Guide to Medical Informatics, the Internet and Telemedicine (First Edition) by Enrico Coiera (reproduced here with the permission of the author). Introduction
From the very earliest moments in the modern history of the computer, scientists have dreamed of creating an ‘electronic brain’. Of all the modern technological quests, this search to create artificially intelligent (AI) computer systems has been one of the most ambitious and, not surprisingly, controversial.
It also seems that very early on, scientists and doctors alike were captivated by the potential such a technology might have in medicine (e.g. Ledley and Lusted, 1959). With intelligent computers able to store and process vast stores of knowledge, the hope was that they would become perfect ‘doctors in a box’, assisting or surpassing clinicians with tasks like diagnosis.
With such motivations, a small but talented community of computer scientists and healthcare professionals set about shaping a research program for a new discipline called Artificial Intelligence in Medicine (AIM). These researchers had a bold vision of the way AIM would revolutionise medicine, and push forward the frontiers of technology.
AI in medicine at that time was a largely US-based research community. Work originated out of a number of campuses, including MIT-Tufts, Pittsburgh, Stanford and Rutgers (e.g. Szolovits, 1982; Clancey and Shortliffe, 1984; Miller, 1988). The field attracted many of the best computer scientists and, by any measure, their output in the first decade of the field remains a remarkable achievement.
In reviewing this new field in 1984, Clancey and Shortliffe provided the following definition:
Much has changed since then, and today this definition would be considered narrow in scope and vision. Today, the importance of diagnosis as a task requiring computer support in routine clinical situations receives much less emphasis (J. Durinck, E. Coiera, R. Baud, et al., “The Role of Knowledge Based Systems in Clinical Practice,” in: eds Barahona and Christenen, Knowledge and Decisions in Health Telematics – The Next Decade, IOS Press, Amsterdam, pp. 199- 203, 1994), So, despite the focus of much early research on understanding and supporting the clinical encounter, expert systems today are more likely to be found used in clinical laboratories and educational settings, for clinical surveillance, or in data-rich areas like the intensive care setting. For its day, however, the vision captured in this definition of AIM was revolutionary.
After the first euphoria surrounding the promise of artificially intelligent diagnostic programmes, the last decade has seen increasing disillusion amongst many with the potential for such systems. Yet, while there certainly have been ongoing challenges in developing such systems, they actually have proven their reliability and accuracy on repeated occasions (Shortliffe, 1987).
Much of the difficulty has been the poor way in which they have fitted into clinical practice, either solving problems that were not perceived to be an issue, or imposing changes in the way clinicians worked. What is now being realised is that when they fill an appropriately role, intelligent programmes do indeed offer significant benefits. One of the most important tasks now facing developers of AI-based systems is to characterise accurately those aspects of medical practice that are best suited to the introduction of artificial intelligence systems.
In the remainder of this chapter, the initial focus will thus remain on the different roles AIM systems can play in clinical practice, looking particularly to see where clear successes can be identified, as well as looking to the future. The next chapter will take a more technological focus, and look at the way AIM systems are built. A variety of technologies including expert systems and neural networks will be discussed. The final chapter in this section on intelligent decision support will look at the way AIM can support the interpretation of patient signals that come off clinical monitoring devices.
In his opinion, there were no ultimately useful measures of intelligence. It was sufficient that an objective observer could not tell the difference in conversation between a human and a computer for us to conclude that the computer was intelligent. To cancel out any potential observer biases, Turing’s test put the observer in a room, equipped with a computer keyboard and screen, and made the observer talk to the test subjects only using these. The observer would engage in a discussion with the test subjects using the printed word, much as one would today by exchanging e-mail with a remote colleague. If a set of observers could not distinguish the computer from another human in over 50% of cases, then Turing felt that one had to accept that the computer was intelligent.
Another consequence of the Turing test is that it says nothing about how one builds an intelligent artefact, thus neatly avoiding discussions about whether the artefact needed to in anyway mimic the structure of the human brain or our cognitive processes. It really didn’t matter how the system was built in Turing’s mind. Its intelligence should only to be assessed based upon its overt behaviour.
There have been attempts to build systems that can pass Turing’s test in recent years. Some have managed to convince at least some humans in a panel of judges that they too are human, but none have yet passed the mark set by Turing.
An alternative approach to strong AI is to look at human cognition and decide how it can be supported in complex or difficult situations. For example, a fighter pilot may need the help of intelligent systems to assist in flying an aircraft that is too complex for a human to operate on their own. These ‘weak’ AI systems are not intended to have an independent existence, but are a form of ‘cognitive prosthesis’ that supports a human in a variety of tasks.
AIM systems are by and large intended to support healthcare workers in the normal course of their duties, assisting with tasks that rely on the manipulation of data and knowledge. An AI system could be running within an electronic medical record system, for example, and alert a clinician when it detects a contraindication to a planned treatment. It could also alert the clinician when it detected patterns in clinical data that suggested significant changes in a patient’s condition.
Along with tasks that require reasoning with medical knowledge, AI systems also have a very different role to play in the process of scientific research. In particular, AI systems have the capacity to learn, leading to the discovery of new phenomena and the creation of medical knowledge. For example, a computer system can be used to analyse large amounts of data, looking for complex patterns within it that suggest previously unexpected associations. Equally, with enough of a model of existing medical knowledge, an AI system can be used to show how a new set of experimental observations conflict with the existing theories. We shall now examine such capabilities in more detail.
Expert or knowledge-based systems are the commonest type of AIM system in routine clinical use. They contain medical knowledge, usually about a very specifically defined task, and are able to reason with data from individual patients to come up with reasoned conclusions. Although there are many variations, the knowledge within an expert system is typically represented in the form of a set of rules.
There are many different types of clinical task to which expert systems can be applied.
Generating alerts and reminders. In so-called real-time situations, an expert system attached to a monitor can warn of changes in a patient’s condition. In less acute circumstances, it might scan laboratory test results or drug orders and send reminders or warnings through an e-mail system.
Diagnostic assistance. When a patient’s case is complex, rare or the person making the diagnosis is simply inexperienced, an expert system can help come up with likely diagnoses based on patient data.
Therapy critiquing and planning. Systems can either look for inconsistencies, errors and omissions in an existing treatment plan, or can be used to formulate a treatment based upon a patient’s specific condition and accepted treatment guidelines.
Agents for information retrieval. Software ‘agents’ can be sent to search for and retrieve information, for example on the Internet, that is considered relevant to a particular problem. The agent contains knowledge about its user’s preferences and needs, and may also need to have medical knowledge to be able to assess the importance and utility of what it finds.
Image recognition and interpretation. Many medical images can now be automatically interpreted, from plane X-rays through to more complex images like angiograms, CT and MRI scans. This is of value in mass-screenings, for example, when the system can flag potentially abnormal images for detailed human attention.
There are numerous reasons why more expert systems are not in routine use (Coiera, 1994). Some require the existence of an electronic medical record system to supply their data, and most institutions and practices do not yet have all their working data available electronically. Others suffer from poor human interface design and so do not get used even if they are of benefit.
Much of the reluctance to use systems simply arose because expert systems did not fit naturally into the process of care, and as a result using them required additional effort from already busy individuals. It is also true, but perhaps dangerous, to ascribe some of the reluctance to use early systems upon the technophobia or computer illiteracy of healthcare workers. If a system is perceived by those using it to be beneficial, then it will be used. If not, independent of its true value, it will probably be rejected.
Happily, there are today very many systems that have made it into clinical use. Many of these are small, but nevertheless make positive contributions to care. In the next two sections, we will examine some of the more successful examples of knowledge-based clinical systems, in an effort to understand the reasons behind their success, and the role they can play.
In the first decade of AIM, most research systems were developed to assist clinicians in the process of diagnosis, typically with the intention that it would be used during a clinical encounter with a patient. Most of these early systems did not develop further than the research laboratory, partly because they did not gain sufficient support from clinicians to permit their routine introduction.
It is clear that some of the psychological basis for developing this type of support is now considered less compelling, given that situation assessment seems to be a bigger issue than diagnostic formulation. Some of these systems have continued to develop, however, and have transformed in part into educational systems.
DXplain is an example of one of these clinical decision support systems, developed at the Massachusetts General Hospital (Barnett et al., 1987). It is used to assist in the process of diagnosis, taking a set of clinical findings including signs, symptoms, laboratory data and then produces a ranked list of diagnoses. It provides justification for each of differential diagnosis, and suggests further investigations. The system contains a data base of crude probabilities for over 4,500 clinical manifestations that are associated with over 2,000 different diseases.
DXplain is in routine use at a number of hospitals and medical schools, mostly for clinical education purposes, but is also available for clinical consultation. It also has a role as an electronic medical textbook. It is able to provide a description of over 2,000 different diseases, emphasising the signs and symptoms that occur in each disease and provides recent references appropriate for each specific disease.
Decision support systems need not be ‘stand alone’ but can be deeply integrated into an electronic medical record system. Indeed, such integration reduces the barriers to using such a system, by crafting them more closely into clinical working processes, rather than expecting workers to create new processes to use them.
The HELP system is an example of this type of knowledge-based hospital information system, which began operation in 1980 (Kuperman et al., 1990; Kuperman et al., 1991). It not only supports the routine applications of a hospital information system (HIS) including management of admissions and discharges and order entry, but also provides a decision support function. The decision support system has been actively incorporated into the functions of the routine HIS applications. Decision support provide clinicians with alerts and reminders, data interpretation and patient diagnosis facilities, patient management suggestions and clinical protocols. Activation of the decision support is provided within the applications but can also be triggered automatically as clinical data is entered into the patient’s computerised medical record.
One of the most successful areas in which expert systems are applied is in the clinical laboratory. Practitioners may be unaware that while the printed report they receive from a laboratory was checked by a pathologist, the whole report may now have been generated by a computer system that has automatically interpreted the test results. Examples of such systems include the following.
Laboratory expert systems usually do not intrude into clinical practice. Rather, they are embedded within the process of care, and with the exception of laboratory staff, clinicians working with patients do not need to interact with them. For the ordering clinician, the system prints a report with a diagnostic hypothesis for consideration, but does not remove responsibility for information gathering, examination, assessment and treatment. For the pathologist, the system cuts down the workload of generating reports, without removing the need to check and correct reports.
All scientists are familiar with the statistical approach to data analysis. Given a particular hypothesis, statistical tests are applied to data to see if any relationships can be found between different parameters. Machine learning systems can go much further. They look at raw data and then attempt to hypothesise relationships within the data, and newer learning systems are able to produce quite complex characterisations of those relationships. In other words they attempt to discover humanly understandable concepts.
Learning techniques include neural networks, but encompass a large variety of other methods as well, each with their own particular characteristic benefits and difficulties. For example, some systems are able to learn decision trees from examples taken from data (Quinlan, 1986). These trees look much like the classification hierarchies discussed in Chapter 10, and can be used to help in diagnosis.
Medicine has formed a rich test-bed for machine learning experiments in the past, allowing scientists to develop complex and powerful learning systems. While there has been much practical use of expert systems in routine clinical settings, at present machine learning systems still seem to be used in a more experimental way. There are, however, many situations in which they can make a significant contribution.
Shortliffe EH. The adolescence of AI in medicine: will the field come of age in the ’90s? Artif Intell Med. 1993 Apr;5(2):93-106. Review.
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Posted: November 14, 2016 at 11:34 am
In the weeksafter newspapers beganpublishing reportsonU.S. government surveillance programs uncovered by Edward Snowden, law enforcement officialswere under fire.
One congressional hearing in July 2013 centered on the revelation that for years theNational Security Agency had been collecting data on phone calls made and received bymillions of Americans. Lawmakers wanted to know if the programhad produced any results.
Federal officials pointed to a little known case in San Diego. Using the agencys database of phone records, NSA analysts in 2007 linked a cellphone belonging to a Somali immigrant taxi driver to a phone number associated withShabab, a terrorist group in his homeland.
Based on that lead, a top FBI official testified, agents spent months eavesdropping on the mans phone calls, building a case against him and three other Somali men living in the area. The men were convicted of conspiring to aid terrorists and were sent to prison. The cab driver, Basaaly Saeed Moalin, was sentenced to 18 years behind bars.
In the wake of the Snowden revelations, Congress did away with the lawthe NSA relied on to justify the bulk collection of phone records and replaced it with more restrictive rules. But Moalin and the other defendants on Thursdayrevived questions about the defunct programslegalitywhen they argued to a federal appeals court that their convictions should be overturned because the governments use of the phone recordswasimproper.
The case marks the first time a challenge to thephone data program has been used to appeal aconviction, according to the American Civil Liberties Union, which is representing the men.
In filings and at thehearing before a three-judge panel of the U.S. 9th Circuit Court of Appeals on Thursday, lawyers for the ACLU and the government offered contrasting views of the case.
Alex Abdo, an attorney for Moalin and the other men, urged the judges to find that the lynchpin of the governments caseagainst the men was its initial reliance on information gathered from the NSAs database of phone records. As such, he argued, the wire tap evidence that FBI agents went on to collect against the men and which was the centerpiece of the case against them should not have been allowedat trial.
Assistant U.S. Atty. Michael Smith challenged the idea that the case against the men had been tainted by the use of the NSA data. The panel, he said,should find the men were convicted in a fair trial and uphold the rulingsof thejudge in thecase, who denied the mens request for a new trial when the NSA program became public andconcludedthe government had investigated the case appropriately.
While the NSAs collection of phone records has been stopped, Abdo argued the case still had significance beyond the fate of the four men since the government has maintained its authority, in general, to conduct bulk collection of data on Americans. A definitive ruling from the judges in favor of the defendants, Abdo said, would serve as deterrence against the government starting up similar surveillance.
Moalin, who was granted asylum in the U.S. in the mid-1990sand later became a U.S. citizen, had maintained close ties to Somalia, which was upended by years of civil unrest and fighting between a transitional government and militias opposed to its rule, including Shabab.
Moalin, a well known figure in San Diegos sizable Somali immigrant community,and the others were accused of sending several thousands of dollars to Shababto help fund the terror network. In phone calls recorded by the FBI and played at the trial, Moalin was heard speaking to a man who prosecutors allegedwas a Shabab commander. In one call, the alleged commandertoldMoalin that it was time to finance the jihad.
Defense attorneys countered thatMoalin and the other men were not aiding Shabab, but were sending money to Moalins struggling home regiontohelp build schools and orphanages.The man heard on the recordings, they said, was not a terrorist commander but alocal police chief talking about the need to help fund local militias in their fighting againstEthiopian forces that had come to the side of the Somali government.
In court filings, Abdo and other defense attorneys argued that the NSAs bulk collection of phone records was not authorized by the Patriot Act, the counterterrorism law that agency officials used to justify the program. Moreover, they said, the search of the database that produced Moalins phone number violated theconstitutions protections against searches and seizures.
JudgeMarsha S. Berzon, who asked nearly all the questions at the hearing Thursday, gave no indication from her line of questioning how the panel might come down in the case.
For more news on federal courts in Southern California, follow me on Twitter: @joelrubin
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Terror-funding conviction in San Diego under fire over NSA …
Posted: September 25, 2016 at 7:19 am
ABA Journal’s Blawg 100 (2015)
by John Wesley Hall Criminal Defense Lawyer and Search and seizure law consultant Little Rock, Arkansas Contact / The Book http://www.johnwesleyhall.com
2003-16, online since Feb. 24, 2003
Fourth Amendment cases, citations, and links
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Research Links: Supreme Court: SCOTUSBlog S. Ct. Docket Solicitor General’s site SCOTUSreport Briefs online (but no amicus briefs) Curiae (Yale Law) Oyez Project (NWU) “On the Docket”Medill S.Ct. Monitor: Law.com S.Ct. Com’t’ry: Law.com
General (many free): LexisWeb Google Scholar | Google LexisOne Legal Website Directory Crimelynx Lexis.com $ Lexis.com (criminal law/ 4th Amd) $ Findlaw.com Findlaw.com (4th Amd) Westlaw.com $ F.R.Crim.P. 41 http://www.fd.org FBI Domestic Investigations and Operations Guide (2008) (pdf) DEA Agents Manual (2002) (download) DOJ Computer Search Manual (2009) (pdf) Stringrays (ACLU No. Cal.) (pdf)
Congressional Research Service: –Electronic Communications Privacy Act (2012) –Overview of the Electronic Communications Privacy Act (2012) –Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012) –Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012) –Federal Laws Relating to Cybersecurity: Discussion of Proposed Revisions (2012) ACLU on privacy Privacy Foundation Electronic Frontier Foundation NACDLs Domestic Drone Information Center Electronic Privacy Information Center Criminal Appeal (post-conviction) (9th Cir.) Section 1983 Blog
“If it was easy, everybody would be doing it. It isn’t, and they don’t.” Me
I still learn something new every day. Pete Townshend, The Who 50th Anniversary Tour, “The Who Live at Hyde Park” (Showtime 2015)
“I can’t talk about my singing. I’m inside it. How can you describe something you’re inside of?” Janis Joplin
“Love work; hate mastery over others; and avoid intimacy with the government.” Shemaya, in the Thalmud
“A system of law that not only makes certain conduct criminal, but also lays down rules for the conduct of the authorities, often becomes complex in its application to individual cases, and will from time to time produce imperfect results, especially if one’s attention is confined to the particular case at bar. Some criminals do go free because of the necessity of keeping government and its servants in their place. That is one of the costs of having and enforcing a Bill of Rights. This country is built on the assumption that the cost is worth paying, and that in the long run we are all both freer and safer if the Constitution is strictly enforced.” Williams v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold, J.), rev’d Nix v. Williams, 467 US. 431 (1984).
“The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence.” Mapp v. Ohio, 367 U.S. 643, 659 (1961).
“Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment.” Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).
“There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today.” Terry v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).
“The great end, for which men entered into society, was to secure their property.” Entick v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)
“It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. And so, while we are concerned here with a shabby defrauder, we must deal with his case in the context of what are really the great themes expressed by the Fourth Amendment.” United States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)
“The course of true law pertaining to searches and seizures, as enunciated here, has notto put it mildlyrun smooth.” Chapman v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).
“A search is a search, even if it happens to disclose nothing but the bottom of a turntable.” Arizona v. Hicks, 480 U.S. 321, 325 (1987)
“For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. … But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.” Katz v. United States, 389 U.S. 347, 351 (1967)
Experience should teach us to be most on guard to protect liberty when the Governments purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding. United States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)
Libertythe freedom from unwarranted intrusion by governmentis as easily lost through insistent nibbles by government officials who seek to do their jobs too well as by those whose purpose it is to oppress; the piranha can be as deadly as the shark. United States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)
“You can’t always get what you want / But if you try sometimes / You just might find / You get what you need.” Mick Jagger & Keith Richards
“In Germany, they first came for the communists, and I didn’t speak up because I wasn’t a communist. Then they came for the Jews, and I didn’t speak up because I wasn’t a Jew. Then they came for the trade unionists, and I didn’t speak up because I wasn’t a trade unionist. Then they came for the Catholics and I didn’t speak up because I wasn’t a Catholic. Then they came for meand by that time there was nobody left to speak up.” Martin Niemller (1945) [he served seven years in a concentration camp]
You know, most men would get discouraged by now. Fortunately for you, I am not most men! —Pep Le Pew
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EFF: The Playpen Story: Some Fourth Amendment Basics and Law …
Posted: September 18, 2016 at 8:12 am
I recently posted a revised draft of my forthcoming article, The Effect of Legislation on Fourth Amendment Interpretation, and I thought I would blog a bit about it. The article considers a recurring question in Fourth Amendment law: When courts are called on to interpret the Fourth Amendment, and there is privacy legislation on the books that relates to the governments conduct, should the existence of legislation have any effect on how the Fourth Amendment is interpreted? And if it should have an effect, what effect should it have?
I was led to this question by reading a lot of cases in which the issue came up and was answered in very different ways by particularly prominent judges. When I assembled all the cases, I found that judges had articulated three different answers. None of the judges seemed aware that the question had come up in other cases and had been answered differently there. Each of the three answers seemed plausible, and each tapped into important traditions in constitutional interpretation. So you have a pretty interesting situation: Really smart judges were running into the same question and answering it in very different ways, each rooted in substantial traditions, with no one approach predominating and no conversation about which approach was best. It seemed like a fun issue to explore in an article.
In this post Ill summarize the three approaches courts have taken. I call the approaches influence, displacement and independence. For each approach, Ill give one illustrative case. But theres a lot more where that came from: For more details on the three approaches and the cases supporting them, please read the draft article.
1. Influence. In the influence cases, legislation is considered a possible standard for judicial adoption under the Fourth Amendment. The influence cases rest on a pragmatic judgment: If courts must make difficult judgment calls about how to balance privacy and security, and legislatures have done so already in enacting legislation, courts can draw lessons from the thoughtful judgment of a co-equal branch. Investigative legislation provides an important standard for courts to consider in interpreting the Fourth Amendment. Its not binding on courts, but its a relevant consideration.
The Supreme Courts decision in United States v. Watsonis an example of the influence approach. Watson considered whether it is constitutionally reasonable for a postal inspector to make a public arrest for a felony offense based on probable cause but without a warrant. A federal statute expressly authorized such warrantless arrests. The court ruled that the arrests were constitutional without a warrant and that the statute was constitutional. Justice Whites majority opinion relied heavily on deference to Congresss legislative judgment. According to Justice White, the statute authorizing the arrests represents a judgment by Congress that it is not unreasonable under the Fourth Amendment for postal inspectors to arrest without a warrant provided they have probable cause to do so. That judgment was entitled to presumptive deference as the considered judgment of a co-equal branch. Because there is a strong presumption of constitutionality due to an Act of Congress, the court stated, especially when it turns on what is reasonable, then obviously the Court should be reluctant to decide that a search thus authorized by Congress was unreasonable and that the Act was therefore unconstitutional.
2. Displacement. In the displacement cases, the existence of legislation counsels against Fourth Amendment protection that might interrupt the statutory scheme. Because legislatures can often do a better job at balancing privacy and security in new technologies as compared to courts, courts should reject Fourth Amendment protection as long as legislatures are protecting privacy adequately to avoid interfering with the careful work of the legislative branch. The existence of investigative legislation effectively preempts the field and displaces Fourth Amendment protection that may otherwise exist.
Justice Alitos concurrence in Riley v. Californiais an example of the displacement approach. Riley held that the government must obtain a search warrant before searching a cellphone incident to a suspects lawful arrest. Justice Alito concurred, agreeing with the majority only in the absence of adequate legislation regulating cellphone searches. I would reconsider the question presented here, he wrote, if either Congress or state legislatures, after assessing the legitimate needs of law enforcement and the privacy interests of cell phone owners, enact legislation that draws reasonable distinctions based on categories of information or perhaps other variables.
The enactment of investigative legislation should discourage judicial intervention, Justice Alito reasoned, because [l]egislatures, elected by the people, are in a better position than we are to assess and respond to the changes that have already occurred and those that almost certainly will take place in the future. Although Fourth Amendment protection was necessary in the absence of legislation, the enactment of legislation might be reason to withdraw Fourth Amendment protection to avoid the very unfortunate result of federal courts using the blunt instrument of the Fourth Amendment to try to protect privacy in emerging technologies.
3. Independence. In the independence cases, courts treat legislation as irrelevant to the Fourth Amendment. Legislatures are free to supplement privacy protections by enacting statutes, of course. But from the independence perspective, legislation sheds no light on what the Fourth Amendment requires. Courts must independently interpret the Fourth Amendment, and what legislatures have done has no relevance.
An example of independence is Virginia v. Moore, where the Supreme Court decided whether the search incident to a lawful arrest exception incorporates the state law of arrest. Moore was arrested despite a state law saying his crime could not lead to arrest; the question was whether the state law violation rendered the arrest unconstitutional. According to the court, whether state law made the arrest lawful was irrelevant to the Fourth Amendment. It was the courts duty to interpret the Fourth Amendment, and what the legislature decided about when arrests could be made was a separate question. History suggested that the Fourth Amendment did not incorporate statutes. And the states decision of when to make arrests was not based on the Fourth Amendment and was based on other considerations, such as the costs of arrests and whether the legislature valued privacy more than the Fourth Amendment required. Constitutionalizing the state standard would only frustrate the states efforts to achieve those goals, as it would mean los[ing] control of the regulatory scheme and might lead the state to abandon restrictions on arrest altogether. For that reason, the statute regulating the police was independent of the Fourth Amendment standard.
Those are the three approaches. The next question is, which is best? Ill offer some thoughts on that in my next post.
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Should privacy legislation influence how courts interpret the …
Posted: September 11, 2016 at 5:29 pm
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