jester updraft: October 2012

Thursday, October 25, 2012

Another Life - Widowed: Depression and Happy Pills

Lately, my mood has been pretty dark. ?I don't know if I'm still recovering from an illness I had recently or if it's something more sinister. ?I've been missing my old life a lot, and wondering how I can possibly sustain the stressful one I'm living. ?I know I did it to myself. ?Having mom living with me and feeling a huge financial burden are not making things easier.

I used to think that you could "talk yourself out of it". ?My journal shows that I've been trying to do that for weeks now...listing all the things I'm grateful for, things that make me happy, all love and flowers. ?And I'm still feeling a smallness in my life. ?I don't like it.

I've mentioned before that I don't much like medical intervention with prescription pills, so I'm trying something that worked before. ?SAM-e. ?I've tried St. John's Wort only to find myself needing more sleep and feeling very drowsy during the day. ?Today is Day 2 on my version of Happy Pills. ?Too soon to tell if they'll help. ?I'll keep you posted. ?

Source: http://anotherlifewidowed.blogspot.com/2012/10/depression-and-happy-pills.html

jaleel white

Wednesday, October 24, 2012

The majority of roadkill amongst vertebrates in Catalonia are in protected areas

Public release date: 24-Oct-2012
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Contact: SINC
info@agenciasinc.es
34-914-251-820
FECYT - Spanish Foundation for Science and Technology

Amphibians are the vertebrate group that is more likely to become roadkill in Catalonia, even more so than reptiles, mammals and birds. This is the case according to an international team of scientists who have concluded that highly protected areas are home to more cases of animal death on the roads.

Our network of roads is considered one of the main threats to fauna survival. Researchers at the universities of Barcelona (UB), Porto (Portugal) and Uppsala (Sweden) have studied the number of vertebrate deaths on 820 kilometres of road in North Eastern area of Spain and Portugal.

"The project consisted of analysing the impact of the road network on fauna, leading to numerous studies across the whole of Catalonia to record all specimens of roadkill found," as explained to SINC by Nria Garriga, researcher at the UB and lead author of the study headed by Gustavo A. Llorente, a scientist at the same university.

Field work was published in the 'Biodiversity and Conservation' journal and was carried out over four years on 41 secondary roads in Catalonia. Some 20 km of each road were inspected during summer and autumn. As Garriga points out, "there are few studies on an international level that have carried out such an extensive research and sampling."

Nature reserves like Parc Natural dels Aiguamolls de l'Empord, Parc del Garraf, Parc Natural de la Zona Volcnica de la Garrotxa, Parc Natural de Sant Lloren del Munt i l'Obac and Parc Natural del Montseny.

"We got in a slow moving car to collect data. When we spotted a dead animal we would stop, make a record and note down the species. We also took down other significant information like surrounding vegetation and the closest water points," outlines the researcher.

One of the main conclusions of the study was that amphibians are more likely to become roadkill and that roads within nature reserves and natural parks are home to the highest number of animal road deaths.

"This could be explained by the fact that protected areas frequently receive a high number of visitors, which in turn increases the flow of traffic in places that are teaming with wild life," ensures the researcher.

According to the experts, to decrease amphibian death we would have to build special passages for them in high-risk areas. These come in the form of tunnels under the road designed to allow the passage of animals.

The team is currently working to identify hotspots. They therefore inspected seven roads throughout an entire year to define the most dangerous areas and protect them.
References:
Nria Garriga, Xavier Santos, Albert Montori, Alex Richter-Boix, Marc Franch, Gustavo A. Llorente. "Are protected areas truly protected? The impact of road traffic on vertebrate fauna" Biodiversity and Conservation 21: 2761. DOI 10.1007/s10531-012-0332-0.

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The majority of roadkill amongst vertebrates in Catalonia are in protected areas Public release date: 24-Oct-2012
[ | E-mail | Share ]
Contact: SINC
info@agenciasinc.es
34-914-251-820
FECYT - Spanish Foundation for Science and Technology

Amphibians are the vertebrate group that is more likely to become roadkill in Catalonia, even more so than reptiles, mammals and birds. This is the case according to an international team of scientists who have concluded that highly protected areas are home to more cases of animal death on the roads.

Our network of roads is considered one of the main threats to fauna survival. Researchers at the universities of Barcelona (UB), Porto (Portugal) and Uppsala (Sweden) have studied the number of vertebrate deaths on 820 kilometres of road in North Eastern area of Spain and Portugal.

"The project consisted of analysing the impact of the road network on fauna, leading to numerous studies across the whole of Catalonia to record all specimens of roadkill found," as explained to SINC by Nria Garriga, researcher at the UB and lead author of the study headed by Gustavo A. Llorente, a scientist at the same university.

Field work was published in the 'Biodiversity and Conservation' journal and was carried out over four years on 41 secondary roads in Catalonia. Some 20 km of each road were inspected during summer and autumn. As Garriga points out, "there are few studies on an international level that have carried out such an extensive research and sampling."

Nature reserves like Parc Natural dels Aiguamolls de l'Empord, Parc del Garraf, Parc Natural de la Zona Volcnica de la Garrotxa, Parc Natural de Sant Lloren del Munt i l'Obac and Parc Natural del Montseny.

"We got in a slow moving car to collect data. When we spotted a dead animal we would stop, make a record and note down the species. We also took down other significant information like surrounding vegetation and the closest water points," outlines the researcher.

One of the main conclusions of the study was that amphibians are more likely to become roadkill and that roads within nature reserves and natural parks are home to the highest number of animal road deaths.

"This could be explained by the fact that protected areas frequently receive a high number of visitors, which in turn increases the flow of traffic in places that are teaming with wild life," ensures the researcher.

According to the experts, to decrease amphibian death we would have to build special passages for them in high-risk areas. These come in the form of tunnels under the road designed to allow the passage of animals.

The team is currently working to identify hotspots. They therefore inspected seven roads throughout an entire year to define the most dangerous areas and protect them.
References:
Nria Garriga, Xavier Santos, Albert Montori, Alex Richter-Boix, Marc Franch, Gustavo A. Llorente. "Are protected areas truly protected? The impact of road traffic on vertebrate fauna" Biodiversity and Conservation 21: 2761. DOI 10.1007/s10531-012-0332-0.

###

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AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.

Source: http://www.eurekalert.org/pub_releases/2012-10/f-sf-tmo102412.php
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Posted by melostacy54 at 6:05 PM No comments:
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Ellen DeGeneres to receive top humor prize in DC

FILE- This Sept. 26, 2011, file photo, originally provided by Warner Bros., shows Ellen DeGeneres during a taping of "The Ellen DeGeneres Show" in Burbank, Calif. The Kennedy Center in Washington is awarding DeGeneres the Mark Twain Prize for American Humor on Oct. 22. The show will be broadcast on PBS stations Oct. 30. (AP Photo/Warner Bros., Michael Rozman, File)

FILE- This Sept. 26, 2011, file photo, originally provided by Warner Bros., shows Ellen DeGeneres during a taping of "The Ellen DeGeneres Show" in Burbank, Calif. The Kennedy Center in Washington is awarding DeGeneres the Mark Twain Prize for American Humor on Oct. 22. The show will be broadcast on PBS stations Oct. 30. (AP Photo/Warner Bros., Michael Rozman, File)

WASHINGTON (AP) ? Some of the nation's top comedians hailed Ellen DeGeneres as a trailblazer Monday night as she received the nation's highest humor prize.
The Kennedy Center is awarding DeGeneres the Mark Twain Prize for American Humor. The show will be broadcast Oct. 30 on PBS stations.
On the red carpet before the show, DeGeneres said she doesn't see herself as political with her comedy, even though she's been a trailblazer.
"I just want to make people happy and make people laugh," she said.
Coming out on TV 15 years ago feels like another life, she said.
"I did it because it was the right thing for me to do," said DeGeneres, who is being honored as the nation's top comedian 15 years after nearly losing her career . "It was the right thing for me to do to not live with shame. I happened to help a lot of people, and it happened to create a ruckus."
Jimmy Kimmel called it a milestone.
"For a lot of people, Ellen is their only homosexual friend," he said. "She's there in their living room every single day."
Sean Hayes said DeGeneres made his former show, "Will and Grace," possible. He said her "fearlessness" was her biggest contribution.
"She's the one who went in there with a machete" and cleared the way for other shows with gay characters such as "Glee," said "Glee" star Jane Lynch.
"Look where she is today," Lynch added.
Kristin Chenoweth said DeGeneres has always remained kind.
"She's not a mean girl comic," she said.
When DeGeneres first heard she was receiving the same honor that Bill Cosby, Tina Fey and Will Ferrell won in recent years, she joked, "It really makes me wonder ... why didn't I get this sooner?"
DeGeneres, 54, began her career as a comedy club emcee in her native New Orleans. After a performance on Johnny Carson's show in 1986, he invited her over to his desk to chat. She was the first female comedian to receive that invitation from Carson.
Turning to acting, DeGeneres landed sitcoms on Fox and ABC, eventually starring in "Ellen" from 1994 to 1998. She broke new ground and a taboo in 1997 when she came out publicly as a lesbian and her TV persona then became the first lead character on prime-time TV to reveal she was gay. A record 46 million viewers watched the episode.
The show began to tank, though, and was canceled a year later. The feeling of rejection was enough to send DeGeneres into a depression. Still, "Ellen" paved the way for future shows to feature gay characters, from "Will and Grace" to "Modern Family."
DeGeneres came back with a CBS sitcom, movie roles and even a stint as an "American Idol" judge. Forbes magazine has ranked her as the 47th most-powerful woman in the world and estimated her earnings at $53 million last year.
Her hit talk show that debuted in 2003 is now in its 10th season. Among other achievements, that's where she eventually persuaded President Barack Obama to dance.
"She's brilliantly shined a light on society, and that's what Mark Twain did," said Cappy McGarr, an executive producer for the Mark Twain Prize show, when the award was announced in May.
The prize honors comedians in Mark Twain's tradition of satire and social commentary. Past winners include Steve Martin, Lily Tomlin and Whoopi Goldberg.
___
Follow Brett Zongker on Twitter at https://twitter.com/DCArtBeat
Associated Press
Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2012-10-22-US-Humor-Prize-Ellen-DeGeneres/id-6d573f82cf554a22b22234b336dadf7f
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Posted by melostacy54 at 10:18 AM No comments:
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Voters: In role reversal, Obama aggressive, Romney passive

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Source: http://news.yahoo.com/voters-role-reversal-obama-more-aggressive-romney-passive-042200749.html
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Microsoft's Surface Tablet Backorders - Business Insider

Even though Microsoft's Surface tablet won't be officially available until Friday, Microsoft's online store has already run out.
Microsoft's online store says the Surface model running the special, tablet-optimized Windows RT operating system, which sells for $499 to $699, is on backorder, reports Gregg Keizer at Computerworld.

Depending on the model, customers will have to wait two to three weeks after the official release date before Microsoft can deliver the tablet.

That doesn't mean you won't be able to get a Surface tablet on Friday. But you'll have to buy it from a physical store.

Microsoft has beefed up its store-location list with a number of temporary "pop-up" stores, but stores are still only available to half the country?27 states?plus a few cities in Canada.

It's unclear exactly how many tablets Microsoft built for launch day, so we don't know whether this news indicates exceptionally strong consumer demand, or just conservative production planning by Microsoft, which is new to the PC hardware business.

Reports say that Microsoft has ordered 3 million to 5 million tablets to be produced for the whole fourth quarter, reports the Wall Street Journal. That's about the same number as Asian suppliers are building of the Kindle Fire and the Google Nexus.?

But, in comparison, those same suppliers say that they're getting ready to crank out 10 million iPad Mini tablets.

Don't miss: Windows 8 Is Both Infuriating And Brilliant >
Source: http://www.businessinsider.com/microsoft-surface-rt-tablet-backorder-2012-10
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Monday, October 22, 2012

Official: U.S. stance on marijuana unchanged by legalization votes

LOS ANGELES (Reuters) - A top Justice Department official has told "60 Minutes" the federal government is ready to combat any "dangers" of state-sanctioned recreational pot, amid criticism of the Obama administration for its relative silence on legalization drives in three states.

Voters in Colorado, Washington state and Oregon are set to vote on November 6 on whether to legalize and tax marijuana sales, raising the possibility of a showdown with the federal government, which views pot as an illegal narcotic.

Deputy Attorney General James Cole, in comments to "60 Minutes" posted on Saturday to the website of CBS affiliate KCNC-TV in Denver, said his office's stance on pot would be "the same as it's always been" if voters approved legalization.

"We're going to take a look at whether or not there are dangers to the community from the sale of marijuana and we're going to go after those dangers," Cole told "60 Minutes" in an outtake from a report on Colorado's medical marijuana industry due to air on Sunday, according to the CBS affiliate.

Cole's statement is an indication the federal government, which has raided medical pot dispensaries in several of the 17 states that allow cannabis as medicine, could also take aim at state-sanctioned recreational marijuana.

It also represents a break with the Obama administration's relative silence about the pot referendums, which has led to uncertainty about whether federal officials would stop states from taxing and regulating sales of pot in special stores to those 21 and older, as proposed under each of the three state initiatives before voters.

Representatives for the Justice Department did not return calls or emails seeking comment on Cole's remarks.

A top legalization backer, however, dismissed them as "innocuous," unlike the stance Attorney General Eric Holder took in 2010 just weeks before a failed California referendum to legalize pot.

"WAIT AND SEE"

In 2010, Holder issued a toughly worded letter that said his office "strongly" opposed the California proposal and would "vigorously enforce" drug laws against participants in the recreational pot trade, even if state law permitted it.

Holder's statement is credited with helping to convince some California voters to reject the proposal.

"Compared to what they did two years ago in California, to have their federal posture be essentially a wait-and-see approach is encouraging," said Ethan Nadelmann, head of the Drug Policy Alliance, which through affiliates has funded marijuana legalization campaigns.

Polls show the American public is increasingly leaning toward legalizing pot, but no state has taken that step.

Nadelmann said pot legalization is popular with young people and independents, two groups of voters crucial to President Barack Obama's re-election campaign, and that his administration is "being smart in basically not weighing in at this time."

Marijuana is the most commonly used illicit drug in the United States. Pot activists say prohibition fails to prevent its use and enriches criminal cartels, but opponents of legalization say it would endanger health and public safety.

Former heads of the U.S. Drug Enforcement Administration in September sent a letter to Holder urging him to publicly oppose the legalization referendums. On Monday, a former federal official expressed dismay at the Obama administration's silence.

"It's shocking, because all you have to do is say things that this administration's already said," John Walters, who served as "drug czar" to former President George W. Bush, told reporters on a conference call.

Cole's remarks to "60 Minutes" were in response to a question about the possibility of recreational pot being allowed in Colorado, according to the station, which posted a video with the outtake on its website.

"I think it is pretty clear from this video that the Obama administration won't take any legalization measure lying down," Kevin Sabet, a former adviser to Gil Kerlikowske, the Obama administration's drug policy director, said in an email.

(Additional reporting by Keith Coffman; Editing by Paul Simao)
Source: http://news.yahoo.com/u-stance-marijuana-unchanged-legalization-votes-official-021723549.html
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Evolution of new genes captured

ScienceDaily (Oct. 22, 2012) ? Like job-seekers searching for a new position, living things sometimes have to pick up a new skill if they are going to succeed. Researchers from the University of California, Davis, and Uppsala University, Sweden, have shown for the first time how living organisms do this.

The observation, published Oct. 19 in the journal Science, closes an important gap in the theory of natural selection.

Scientists have long wondered how living things evolve new functions from a limited set of genes. One popular explanation is that genes duplicate by accident; the duplicate undergoes mutations and picks up a new function; and, if that new function is useful, the gene spreads.

"It's an old idea and it's clear that this happens," said John Roth, a distinguished professor of microbiology at UC Davis and co-author of the paper.

The problem, Roth said, is that it has been hard to imagine how it occurs. Natural selection is relentlessly efficient in removing mutated genes: Genes that are not positively selected are quickly lost.

How then does a newly duplicated gene stick around long enough to pick up a useful new function that would be a target for positive selection?

Experiments in Roth's laboratory and elsewhere led to a model for the origin of a novel gene by a process of "innovation, amplification and divergence." This model has now been tested by Joakim Nasvall, Lei Sun and Dan Andersson at Uppsala.

In the new model, the original gene first gains a second, weak function alongside its main activity -- just as an auto mechanic, for example, might develop a side interest in computers. If conditions change such that the side activity becomes important, then selection of this side activity favors increasing the expression of the old gene. In the case of the mechanic, a slump in the auto industry or boom in the IT sector might lead her to hone her computer skills and look for an IT position.

The most common way to increase gene expression is by duplicating the gene, perhaps multiple times. Natural selection then works on all copies of the gene. Under selection, the copies accumulate mutations and recombine. Some copies develop an enhanced side function. Other copies retain their original function.

Ultimately, the cell winds up with two distinct genes, one providing each activity -- and a new genetic function is born.

Nasvall, Lei and Andersson tested this model using the bacterium Salmonella. The bacteria carried a gene involved in making the amino acid histidine that had a secondary, weak ability to contribute to the synthesis of another amino acid, tryptophan. In their study, they removed the main tryptophan-synthesis gene from the bacteria and watched what happened.

After growing the bacteria for 3,000 generations on a culture medium without tryptophan, they forced the bacteria to evolve a new mechanism for producing the amino acid. What emerged was a tryptophan-synthesizing activity provided by a duplicated copy of the original gene.

"The important improvement offered by our model is that the whole process occurs under constant selection -- there's no time off from selection during which the extra copy could be lost," Roth said.

The work was supported by the Swedish Research Council and the National Institutes of Health.

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The above story is reprinted from materials provided by University of California - Davis.

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Journal Reference:

J. Nasvall, L. Sun, J. R. Roth, D. I. Andersson. Real-Time Evolution of New Genes by Innovation, Amplification, and Divergence. Science, 2012; 338 (6105): 384 DOI: 10.1126/science.1226521

Note: If no author is given, the source is cited instead.

Disclaimer: Views expressed in this article do not necessarily reflect those of ScienceDaily or its staff.
Source: http://feeds.sciencedaily.com/~r/sciencedaily/top_news/~3/4kZD_4ismTw/121022145340.htm
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Sprint Optimus G has root before the phone hits the shelves

The first thing I do with a review phone after I'm finished writing the review is to try to root it. Tonight was that night with the Sprint Optimus G, and it went rather well.

After a bit of Google Translate, I found the root method for the Korean Optimus G and had to try. It's based (either in whole or in part -- I don't read Vietnamese) on the Ice Cream Sandwich and Jelly Bean adb restore exploit discovered by Bin4ry and does the job easily.

The November 11 release can't come soon enough. Hit the forums for the details, and stay tuned for that review while it gets its final editing!

How to root the Sprint G Optimus G (Windows only)

Source: http://feedproxy.google.com/~r/androidcentral/~3/uaWs5jLA7d0/story01.htm
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Sunday, October 21, 2012

Need More Ways To Get Men and women To Your Web Page? Use ...

Approaches for pulling search engines like google to your website are necessary to earning your business noticeable online. The tips below can help your web site become a little more apparent.

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To be able to definitely enhance your PageRank, you must not simply get people to your web site, but place them there. There may be increasingly more facts offered suggesting that the length of time visitors continues to be on an internet site impacts their PageRank, based on Quantcast scores. This tendency has been founded by way of metrics like Quantcast scores. You may use talk groupings and community forums to influence visitors to remain recorded in to your web site for a longer time.

Should you use Search engine optimization optimisation for the page on your own internet site, you need to overcome your key phrase occurrence. Any keyword articles by using an improved web page ought not exceed twenty percent of the total page.

You need to have an internet site that is exclusive and original. This post gives a number of excellent tips that will significantly boost value of your internet site, as well as the traffic your website obtains. You need to implement these techniques to your weekly routine.

Should you wish for extra information about seo look at Jaleesa I. Batrich?s site there?s a lot of information not covered in this post, find those details on Author?s site to locate extra information.

Source: http://www.defaulttricks.com/need-more-ways-to-get-men-and-women-to-your-web-page-use-the-seo-ideas-under/
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In town seen as pro-Qaddafi, settling of scores shifts into standoff with government

While Bani Walid is suspected of harboring Qaddafi loyalists, residents complain they are unfairly targeted. But Khamis Qaddafi, thought to have died last year, is now thought to have died in fighting there today.

By John Thorne,?Correspondent / October 20, 2012

A year to the day after Muammar Qaddafi was killed, a town long tarred as sympathetic to him is under attack by government-aligned militias in what many Libyans describe as settling unfinished business.
?
Libya?s government wants the town of Bani Walid, southeast of Tripoli, to hand over suspects accused of kidnapping a militiaman from the city of Misurata credited with having helped run Qaddafi down last year. In recent days a tense standoff has turned violent.
?
For many in Bani Walid, the affair confirms their longstanding complaints of persecution in post-Qaddafi Libya. For the country?s new leaders, it is yet another test of their ability to assert their authority while managing the militias upon whom Tripoli relies to help keep order.
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?The campaign to liberate the country has not been fully completed,? said Mohamed Magarief, president of Libya?s congress, speaking late yesterday on Libyan TV and quoted by Reuters. He said delays in integrating militias into state security forces have led to a degree of ?chaos? in Libya.
?And the chaos has lured others to kidnappings, stealing, and to create non-legitimate prisons,? Mr. Magarief said. ?What has happened in Bani Walid in the last few days falls under this?. it has become a safe haven for a large number of those who are outside of the law.?
One such outlaw, it seems, was Khamis Qaddafi, a son of Muammar Qaddafi thought to have died in last year?s revolution. He was reportedly killed today during fighting in Bani Walid, according to a statement from the spokesman of Libya?s congress, Omar Hamdan, cited by Britain?s The Guardian newspaper. The exact circumstances of his death remain unclear.
Former Qaddafi regime spokesman Moussa Ibrahim may also have been in Bani Walid recently, according to wire services. Known for his unswerving defense of Qaddafi?s regime to foreign media last year, Ibrahim disappeared as that regime collapsed in August 2011. However, his exact movements remain unclear. According to a statement from the prime minister?s office quoted by Reuters and Agence France-Presse, Mr. Ibrahim was arrested today in Tarhouna, which lies on a major road between Bani Walid and Tripoli. Also citing the statement, The Associated Press states that Mr. Ibrahim was fleeing Bani Walid.
Doubts about Bani Walid's loyalties
The current trouble in Bani Walid began last month when Omran Shaban, a Misuratan militiaman who reportedly found Qaddafi hiding in a drain culvert last year, died from injuries his family say occurred during two months of captivity in Bani Walid.
For many Libyans, Shaban?s fate confirmed suspicions that Bani Walid harbors Qaddafi loyalists. The town largely stayed out of last year?s revolution and fought back against attempts to enter it by rebel forces amid rumors that Saif al-Islam Qaddafi was hiding there.
As talks over surrendering Shaban?s alleged kidnappers got under way, pro-government brigades mainly from Misurata ringed Bani Walid. Many in the town say it has suffered undue persecution since Qaddafi?s fall.
?We?re not for Qaddafi,? says Meftah Jabbara, a law professor in Bani Walid who took part in the recent talks. ?We?re for Libya. We?re not living in the past.?
According to Mr. Jabbara, talks broke down after Misurata refused to release around 150 Bani Walid residents he said were detained there. A government deadline on surrendering Shaban?s alleged kidnappers came and went, and skirmishes broke out.
Barring potential last-ditch mediation by leaders from eastern Libya who might be trusted in Bani Walid, further negotiation with Tripoli and Misurata is all but futile, says Jabbara.
?When they kill your children and your old men, how is dialogue possible?? he says. ?Our men are ready to die, and if so they will die as martyrs.?
Meanwhile, it?s unclear how firmly leaders control pro-government militias meant to act as government muscle. Today, Magarief today condemned the recent escalation in fighting at Bani Walid in a statement cited by Libya?s Libya Herald newspaper.
At least a dozen people have been reported killed so far, with numbers hard to verify. Greater suffering is feared if fighting continues, says Soaade Messoudi, a spokeswomen in Tripoli for the International Committee of the Red Cross.
The organization has twice visited Bani Walid in the last two weeks to deliver medical aid, she says. ?We are urging all the parties to act with caution and respect human lives, medical staff, and medical facilities.?
Source: http://rss.csmonitor.com/~r/feeds/csm/~3/AHZXR_hXaQ4/In-town-seen-as-pro-Qaddafi-settling-of-scores-shifts-into-standoff-with-government
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A Gorilla Is Born at Lincoln Park Zoo (Little green footballs)

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The Supremes and Expectations of Privacy on Workplace Computers

This morning, by 6 to 1, the SCC dealt with pornography on a work-issued computer and whether an employee had any reasonable expectation of privacy. The majority of the court set asise the Ontario Court of Appeal's order in R. v. Cole, to exclude the evidence on the basis that it was obatined in breach of ss. 8 and 24(2) of the Canadian Charter of Rights and Freedoms. Abella J. would have continued the exclusion. A new trial will be held in any event.

Here is the headnote:

The accused, a high-school teacher, was charged with possession of child pornography and unauthorized use of a computer. He was permitted to use his work-issued laptop computer for incidental personal purposes which he did. While performing maintenance activities, a technician found on the accused?s laptop a hidden folder containing nude and partially nude photographs of an underage female student. The technician notified the principal, and copied the photographs to a compact disc. The principal seized the laptop, and school board technicians copied the temporary Internet files onto a second disc. The laptop and both discs were handed over to the police, who without a warrant reviewed their contents and then created a mirror image of the hard drive for forensic purposes. The trial judge excluded all of the computer material pursuant to ss. 8 and 24(2) of the Canadian Charter of Rights and Freedoms. The summary conviction appeal court reversed the decision, finding that there was no s. 8 breach. The Court of Appeal for Ontario set aside that decision and excluded the disc containing the temporary Internet files, the laptop and the mirror image of its hard drive. The disc containing the photographs of the student was found to be legally obtained and therefore admissible. As the trial judge had wrongly excluded this evidence, the Court of Appeal ordered a new trial.

Held (Abella J.dissenting): The appeal should be allowed. The exclusionary order of the Court of Appeal is set aside and the order of a new trial is affirmed.

Per McLachlin C.J., and LeBel, Fish, Rothstein, Cromwell and Moldaver JJ.: Computers that are reasonably used for personal purposes ? whether found in the workplace or the home ? contain information that is meaningful, intimate, and touching on the user?s biographical core. Canadians may therefore reasonably expect privacy in the information contained on these computers, at least where personal use is permitted or reasonably expected. Ownership of property is a relevant consideration, but is not determinative. Workplace policies are also not determinative of a person?s reasonable expectation of privacy. Whatever the policies state, one must consider the totality of the circumstances in order to determine whether privacy is a reasonable expectation in the particular situation. While workplace policies and practices may diminish an individual?s expectation of privacy in a work computer, these sorts of operational realities do not in themselves remove the expectation entirely. A reasonable though diminished expectation of privacy is nonetheless a reasonable expectation of privacy, protected by s. 8 of the Charter. Accordingly, it is subject to state intrusion only under the authority of a reasonable law.

The police in this case infringed the accused?s rights under s. 8 of the Charter. The accused?s personal use of his work-issued laptop generated information that is meaningful, intimate, and organically connected to his biographical core. Pulling in the other direction are the ownership of the laptop by the school board, the workplace policies and practices, and the technology in place at the school. These considerations diminished the accused?s privacy interest in his laptop, at least in comparison to a personal computer, but they did not eliminate it entirely. On balance, the totality of the circumstances support the objective reasonableness of the accused?s subjective expectation of privacy. While the principal had a statutory duty to maintain a safe school environment, and, by necessary implication, a reasonable power to seize and search a school-board issued laptop, the lawful authority of the accused?s employer to seize and search the laptop did not furnish the police with the same power. Furthermore, a third party cannot validly consent to a search or otherwise waive a constitutional protection on behalf of another. The school board was legally entitled to inform the police of its discovery of contraband on the laptop. This would doubtless have permitted the police to obtain a warrant to search the computer for the contraband. But receipt of the computer from the school board did not afford the police warrantless access to the personal information contained within it. This information remained subject, at all relevant times, to the accused?s reasonable and subsisting expectation of privacy.

Unconstitutionally obtained evidence should be excluded under s. 24(2) if, considering all of the circumstances, its admission would bring the administration of justice into disrepute. The conduct of the police officer in this case was not an egregious breach of the Charter. While the police officer did attach great importance to the school board?s ownership of the laptop, he did not do so to the exclusion of other considerations. The officer sincerely, though erroneously, considered the accused?s Charter interests. Further, the officer had reasonable and probable grounds to obtain a warrant. Had he complied with the applicable constitutional requirements, the evidence would necessarily have been discovered. Finally, the evidence is highly reliable and probative physical evidence. The exclusion of the material would have a marked negative impact on the truth-seeking function of the criminal trial process. The admission of the evidence would not bring the administration of justice into disrepute and therefore the evidence should not be excluded.

Generally speaking, the decision to exclude evidence under s. 24(2) should be final. In very limited circumstances however, a material change of circumstances may justify a trial judge to revisit an exclusionary order. In this case, the Court of Appeal invited the trial judge to re-assess the admissibility of the temporary Internet files disc if the evidence becomes important to the truth-seeking function as the trial unfolds. Unconstitutionally obtained evidence, once excluded, will not become admissible simply because the Crown cannot otherwise satisfy its burden to prove the guilt of the accused beyond a reasonable doubt.

Per Abella J. (dissenting): While it is agreed that there has been a Charter breach, the evidence in this case should be excluded under s. 24(2). The Charter-infringing conduct in this case was serious in its disregard for central and well-established Charter standards. The police officer had years of experience in investigating cyber-crime and was expected to follow established Charterjurisprudence. Further, the police officer?s exclusive reliance on ownership to determine whether a warrant was required, was unreasonable and contradicted a finding of good faith for the purposes of s. 24(2). There were also no exigent circumstances or other legitimate reasons preventing the police from getting a warrant. The decision not to get a warrant mandates in favour of exclusion.

The impact of the breach on the accused?s Charter-protected interests, even assuming that his reasonable expectation of privacy was reduced because it was a workplace computer, was significant given the extent of the intrusion into his privacy. The warrantless search and seizure in this case included the entire contents of the accused?s computer. It had no restrictions as to scope. The extent of the search of the accused?s hard drive and browsing history was significant and weighs in favour of exclusion.

Finally, while the evidence in this case is reliable, its importance to the prosecution?s case is at best speculative given that the pornographic photographs themselves were admitted.

Balancing these factors, and in light of the deference owed to trial judges in applying s. 24(2), the evidence should be excluded.

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Source: http://www.slaw.ca/2012/10/19/the-supremes-and-expectations-of-privacy-on-workplace-computers/
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Saturday, October 20, 2012

0 comments - Google Places Help | Local Search Engine Marketing ...

Published on October 19, 2012 by: James H. Hobson

This article is Part II in a series on the Types of Search Engine Marketing. This series will continue until the end of 2012, and will cover the different types and aspects of search engine marketing techniques and services.

Social Media used to be considered the fluffiest form of search engine marketing. Almost every business we know stated at one time or another, "our customers are not on there". This position considers only the potential for a lead or direct sale. What was missing is the realization that social media marketing builds brand recognition and loyalty, can directly impact SEO, and it DOES generate leads!

In 2012, social media signals became a key element of Google's search engine algorithm. Social media is also a signature part of strategic inbound marketing services. Any business who clings to the notion that social media is not important is making a big mistake in their marketing efforts.

Social Media Business Pages

It is a fact that your business needs to establish social media business pages. Your company should have a social media presence that includes well structured business pages with graphics, complete profiles and links, and maintained with fresh content.

At a minimum, your company need social media business pages on Google+, Facebook, Twitter, and Linkedin. Other social media sites and pages may be useful, and should be selected based on your type of business and customer profile. Sites like Pinterest, Foursquare, and social bookmarking sites like Digg, Reddit or Stumbleupon are worth considering. The amount of time to create each business page and provide all important information probably averages about one hour. When available this business page setup should include the creation of custom profile images and page main images.

Social Media and Inbound Marketing

Inbound marketing intertwines social media marketing, SEO and content marketing to drive traffic, generate leads and build branding. The role of social media is to allow a business to interact with potential customers in a non-sales fashion, present user friendly information and position the product or service for first-in-mind consideration.

Social media builds brand recognition, and serves as a nice channel to distribute links to articles, mention promotions and specials and educate consumers. Adding social media icons and links to your website is a strategic online marketing tactic.

Social Media and Your Website

Because social signals are part of Google's algorithm you need to link your website and your social media pages. Additionally you need to utilize content and calls to action (CTA) that drive traffic between these sites.

To learn more about why social media business pages matter you can visit our website or do some Google searches for social media and inbound marketing.
Source: http://tigerseo.blogspot.com/2012/10/social-media-marketing-baton-rouge.html
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EU drugs agency has "no new concerns" about GSK's flu shot

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